Illinois General Assembly - Full Text of SB0923
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Full Text of SB0923  98th General Assembly

SB0923enr 98TH GENERAL ASSEMBLY



 


 
SB0923 EnrolledLRB098 05193 MLW 35224 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Sections 1-105.2, 6-306.5, 11-208, 11-208.3, and 11-612 and by
6adding Section 11-208.9 as follows:
 
7    (625 ILCS 5/1-105.2)
8    Sec. 1-105.2. Automated traffic law violation. A violation
9described in Section 11-208.6, 11-208.9, or 11-1201.1 of this
10Code.
11(Source: P.A. 96-478, eff. 1-1-10.)
 
12    (625 ILCS 5/6-306.5)  (from Ch. 95 1/2, par. 6-306.5)
13    Sec. 6-306.5. Failure to pay fine or penalty for standing,
14parking, compliance, automated speed enforcement system, or
15automated traffic law violations; suspension of driving
16privileges.
17    (a) Upon receipt of a certified report, as prescribed by
18subsection (c) of this Section, from any municipality or county
19stating that the owner of a registered vehicle: (1) has failed
20to pay any fine or penalty due and owing as a result of 10 or
21more violations of a municipality's or county's vehicular
22standing, parking, or compliance regulations established by

 

 

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1ordinance pursuant to Section 11-208.3 of this Code, (2) has
2failed to pay any fine or penalty due and owing as a result of 5
3offenses for automated speed enforcement system violations or
4automated traffic violations as defined in Sections 11-208.6,
511-208.8, 11-208.9, or 11-1201.1, or combination thereof, or
6(3) is more than 14 days in default of a payment plan pursuant
7to which a suspension had been terminated under subsection (c)
8of this Section, the Secretary of State shall suspend the
9driving privileges of such person in accordance with the
10procedures set forth in this Section. The Secretary shall also
11suspend the driving privileges of an owner of a registered
12vehicle upon receipt of a certified report, as prescribed by
13subsection (f) of this Section, from any municipality or county
14stating that such person has failed to satisfy any fines or
15penalties imposed by final judgments for 5 or more automated
16speed enforcement system or automated traffic law violations,
17or combination thereof, or 10 or more violations of local
18standing, parking, or compliance regulations after exhaustion
19of judicial review procedures.
20    (b) Following receipt of the certified report of the
21municipality or county as specified in this Section, the
22Secretary of State shall notify the person whose name appears
23on the certified report that the person's drivers license will
24be suspended at the end of a specified period of time unless
25the Secretary of State is presented with a notice from the
26municipality or county certifying that the fine or penalty due

 

 

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1and owing the municipality or county has been paid or that
2inclusion of that person's name on the certified report was in
3error. The Secretary's notice shall state in substance the
4information contained in the municipality's or county's
5certified report to the Secretary, and shall be effective as
6specified by subsection (c) of Section 6-211 of this Code.
7    (c) The report of the appropriate municipal or county
8official notifying the Secretary of State of unpaid fines or
9penalties pursuant to this Section shall be certified and shall
10contain the following:
11        (1) The name, last known address as recorded with the
12    Secretary of State, as provided by the lessor of the cited
13    vehicle at the time of lease, or as recorded in a United
14    States Post Office approved database if any notice sent
15    under Section 11-208.3 of this Code is returned as
16    undeliverable, and drivers license number of the person who
17    failed to pay the fine or penalty or who has defaulted in a
18    payment plan and the registration number of any vehicle
19    known to be registered to such person in this State.
20        (2) The name of the municipality or county making the
21    report pursuant to this Section.
22        (3) A statement that the municipality or county sent a
23    notice of impending drivers license suspension as
24    prescribed by ordinance enacted pursuant to Section
25    11-208.3 of this Code or a notice of default in a payment
26    plan, to the person named in the report at the address

 

 

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1    recorded with the Secretary of State or at the last address
2    known to the lessor of the cited vehicle at the time of
3    lease or, if any notice sent under Section 11-208.3 of this
4    Code is returned as undeliverable, at the last known
5    address recorded in a United States Post Office approved
6    database; the date on which such notice was sent; and the
7    address to which such notice was sent. In a municipality or
8    county with a population of 1,000,000 or more, the report
9    shall also include a statement that the alleged violator's
10    State vehicle registration number and vehicle make, if
11    specified on the automated speed enforcement system
12    violation or automated traffic law violation notice, are
13    correct as they appear on the citations.
14        (4) A unique identifying reference number for each
15    request of suspension sent whenever a person has failed to
16    pay the fine or penalty or has defaulted on a payment plan.
17    (d) Any municipality or county making a certified report to
18the Secretary of State pursuant to this Section shall notify
19the Secretary of State, in a form prescribed by the Secretary,
20whenever a person named in the certified report has paid the
21previously reported fine or penalty, whenever a person named in
22the certified report has entered into a payment plan pursuant
23to which the municipality or county has agreed to terminate the
24suspension, or whenever the municipality or county determines
25that the original report was in error. A certified copy of such
26notification shall also be given upon request and at no

 

 

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1additional charge to the person named therein. Upon receipt of
2the municipality's or county's notification or presentation of
3a certified copy of such notification, the Secretary of State
4shall terminate the suspension.
5    (e) Any municipality or county making a certified report to
6the Secretary of State pursuant to this Section shall also by
7ordinance establish procedures for persons to challenge the
8accuracy of the certified report. The ordinance shall also
9state the grounds for such a challenge, which may be limited to
10(1) the person not having been the owner or lessee of the
11vehicle or vehicles receiving 10 or more standing, parking, or
12compliance violation notices or a combination of 5 or more
13automated speed enforcement system or automated traffic law
14violations on the date or dates such notices were issued; and
15(2) the person having already paid the fine or penalty for the
1610 or more standing, parking, or compliance violations or
17combination of 5 or more automated speed enforcement system or
18automated traffic law violations indicated on the certified
19report.
20    (f) Any municipality or county, other than a municipality
21or county establishing vehicular standing, parking, and
22compliance regulations pursuant to Section 11-208.3, automated
23speed enforcement system regulations under Section 11-208.8,
24or automated traffic law regulations under Section 11-208.6,
2511-208.9, or 11-1201.1, may also cause a suspension of a
26person's drivers license pursuant to this Section. Such

 

 

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1municipality or county may invoke this sanction by making a
2certified report to the Secretary of State upon a person's
3failure to satisfy any fine or penalty imposed by final
4judgment for 10 or more violations of local standing, parking,
5or compliance regulations or a combination of 5 or more
6automated speed enforcement system or automated traffic law
7violations after exhaustion of judicial review procedures, but
8only if:
9        (1) the municipality or county complies with the
10    provisions of this Section in all respects except in regard
11    to enacting an ordinance pursuant to Section 11-208.3;
12        (2) the municipality or county has sent a notice of
13    impending drivers license suspension as prescribed by an
14    ordinance enacted pursuant to subsection (g) of this
15    Section; and
16        (3) in municipalities or counties with a population of
17    1,000,000 or more, the municipality or county has verified
18    that the alleged violator's State vehicle registration
19    number and vehicle make are correct as they appear on the
20    citations.
21    (g) Any municipality or county, other than a municipality
22or county establishing standing, parking, and compliance
23regulations pursuant to Section 11-208.3, automated speed
24enforcement system regulations under Section 11-208.8, or
25automated traffic law regulations under Section 11-208.6,
2611-208.9, or 11-1201.1, may provide by ordinance for the

 

 

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1sending of a notice of impending drivers license suspension to
2the person who has failed to satisfy any fine or penalty
3imposed by final judgment for 10 or more violations of local
4standing, parking, or compliance regulations or a combination
5of 5 or more automated speed enforcement system or automated
6traffic law violations after exhaustion of judicial review
7procedures. An ordinance so providing shall specify that the
8notice sent to the person liable for any fine or penalty shall
9state that failure to pay the fine or penalty owing within 45
10days of the notice's date will result in the municipality or
11county notifying the Secretary of State that the person's
12drivers license is eligible for suspension pursuant to this
13Section. The notice of impending drivers license suspension
14shall be sent by first class United States mail, postage
15prepaid, to the address recorded with the Secretary of State or
16at the last address known to the lessor of the cited vehicle at
17the time of lease or, if any notice sent under Section 11-208.3
18of this Code is returned as undeliverable, to the last known
19address recorded in a United States Post Office approved
20database.
21    (h) An administrative hearing to contest an impending
22suspension or a suspension made pursuant to this Section may be
23had upon filing a written request with the Secretary of State.
24The filing fee for this hearing shall be $20, to be paid at the
25time the request is made. A municipality or county which files
26a certified report with the Secretary of State pursuant to this

 

 

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1Section shall reimburse the Secretary for all reasonable costs
2incurred by the Secretary as a result of the filing of the
3report, including but not limited to the costs of providing the
4notice required pursuant to subsection (b) and the costs
5incurred by the Secretary in any hearing conducted with respect
6to the report pursuant to this subsection and any appeal from
7such a hearing.
8    (i) The provisions of this Section shall apply on and after
9January 1, 1988.
10    (j) For purposes of this Section, the term "compliance
11violation" is defined as in Section 11-208.3.
12(Source: P.A. 96-478, eff. 1-1-10; 96-1184, eff. 7-22-10;
1396-1386, eff. 7-29-10; 97-333, eff. 8-12-11; 97-672, eff.
147-1-12.)
 
15    (625 ILCS 5/11-208)   (from Ch. 95 1/2, par. 11-208)
16    Sec. 11-208. Powers of local authorities.
17    (a) The provisions of this Code shall not be deemed to
18prevent local authorities with respect to streets and highways
19under their jurisdiction and within the reasonable exercise of
20the police power from:
21        1. Regulating the standing or parking of vehicles,
22    except as limited by Sections 11-1306 and 11-1307 of this
23    Act;
24        2. Regulating traffic by means of police officers or
25    traffic control signals;

 

 

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1        3. Regulating or prohibiting processions or
2    assemblages on the highways;
3        4. Designating particular highways as one-way highways
4    and requiring that all vehicles thereon be moved in one
5    specific direction;
6        5. Regulating the speed of vehicles in public parks
7    subject to the limitations set forth in Section 11-604;
8        6. Designating any highway as a through highway, as
9    authorized in Section 11-302, and requiring that all
10    vehicles stop before entering or crossing the same or
11    designating any intersection as a stop intersection or a
12    yield right-of-way intersection and requiring all vehicles
13    to stop or yield the right-of-way at one or more entrances
14    to such intersections;
15        7. Restricting the use of highways as authorized in
16    Chapter 15;
17        8. Regulating the operation of bicycles and requiring
18    the registration and licensing of same, including the
19    requirement of a registration fee;
20        9. Regulating or prohibiting the turning of vehicles or
21    specified types of vehicles at intersections;
22        10. Altering the speed limits as authorized in Section
23    11-604;
24        11. Prohibiting U-turns;
25        12. Prohibiting pedestrian crossings at other than
26    designated and marked crosswalks or at intersections;

 

 

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1        13. Prohibiting parking during snow removal operation;
2        14. Imposing fines in accordance with Section
3    11-1301.3 as penalties for use of any parking place
4    reserved for persons with disabilities, as defined by
5    Section 1-159.1, or disabled veterans by any person using a
6    motor vehicle not bearing registration plates specified in
7    Section 11-1301.1 or a special decal or device as defined
8    in Section 11-1301.2 as evidence that the vehicle is
9    operated by or for a person with disabilities or disabled
10    veteran;
11        15. Adopting such other traffic regulations as are
12    specifically authorized by this Code; or
13        16. Enforcing the provisions of subsection (f) of
14    Section 3-413 of this Code or a similar local ordinance.
15    (b) No ordinance or regulation enacted under subsections 1,
164, 5, 6, 7, 9, 10, 11 or 13 of paragraph (a) shall be effective
17until signs giving reasonable notice of such local traffic
18regulations are posted.
19    (c) The provisions of this Code shall not prevent any
20municipality having a population of 500,000 or more inhabitants
21from prohibiting any person from driving or operating any motor
22vehicle upon the roadways of such municipality with headlamps
23on high beam or bright.
24    (d) The provisions of this Code shall not be deemed to
25prevent local authorities within the reasonable exercise of
26their police power from prohibiting, on private property, the

 

 

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1unauthorized use of parking spaces reserved for persons with
2disabilities.
3    (e) No unit of local government, including a home rule
4unit, may enact or enforce an ordinance that applies only to
5motorcycles if the principal purpose for that ordinance is to
6restrict the access of motorcycles to any highway or portion of
7a highway for which federal or State funds have been used for
8the planning, design, construction, or maintenance of that
9highway. No unit of local government, including a home rule
10unit, may enact an ordinance requiring motorcycle users to wear
11protective headgear. Nothing in this subsection (e) shall
12affect the authority of a unit of local government to regulate
13motorcycles for traffic control purposes or in accordance with
14Section 12-602 of this Code. No unit of local government,
15including a home rule unit, may regulate motorcycles in a
16manner inconsistent with this Code. This subsection (e) is a
17limitation under subsection (i) of Section 6 of Article VII of
18the Illinois Constitution on the concurrent exercise by home
19rule units of powers and functions exercised by the State.
20    (f) A municipality or county designated in Section 11-208.6
21may enact an ordinance providing for an automated traffic law
22enforcement system to enforce violations of this Code or a
23similar provision of a local ordinance and imposing liability
24on a registered owner or lessee of a vehicle used in such a
25violation.
26    (g) A municipality or county, as provided in Section

 

 

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111-1201.1, may enact an ordinance providing for an automated
2traffic law enforcement system to enforce violations of Section
311-1201 of this Code or a similar provision of a local
4ordinance and imposing liability on a registered owner of a
5vehicle used in such a violation.
6    (h) A municipality designated in Section 11-208.8 may enact
7an ordinance providing for an automated speed enforcement
8system to enforce violations of Article VI of Chapter 11 of
9this Code or a similar provision of a local ordinance.
10    (i) A municipality or county designated in Section 11-208.9
11may enact an ordinance providing for an automated traffic law
12enforcement system to enforce violations of Section 11-1414 of
13this Code or a similar provision of a local ordinance and
14imposing liability on a registered owner or lessee of a vehicle
15used in such a violation.
16(Source: P.A. 96-478, eff. 1-1-10; 96-1256, eff. 1-1-11; 97-29,
17eff. 1-1-12; 97-672, eff. 7-1-12.)
 
18    (625 ILCS 5/11-208.3)  (from Ch. 95 1/2, par. 11-208.3)
19    Sec. 11-208.3. Administrative adjudication of violations
20of traffic regulations concerning the standing, parking, or
21condition of vehicles, automated traffic law violations, and
22automated speed enforcement system violations.
23    (a) Any municipality or county may provide by ordinance for
24a system of administrative adjudication of vehicular standing
25and parking violations and vehicle compliance violations as

 

 

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1described in this subsection, automated traffic law violations
2as defined in Section 11-208.6, 11-208.9, or 11-1201.1, and
3automated speed enforcement system violations as defined in
4Section 11-208.8. The administrative system shall have as its
5purpose the fair and efficient enforcement of municipal or
6county regulations through the administrative adjudication of
7automated speed enforcement system or automated traffic law
8violations and violations of municipal or county ordinances
9regulating the standing and parking of vehicles, the condition
10and use of vehicle equipment, and the display of municipal or
11county wheel tax licenses within the municipality's or county's
12borders. The administrative system shall only have authority to
13adjudicate civil offenses carrying fines not in excess of $500
14or requiring the completion of a traffic education program, or
15both, that occur after the effective date of the ordinance
16adopting such a system under this Section. For purposes of this
17Section, "compliance violation" means a violation of a
18municipal or county regulation governing the condition or use
19of equipment on a vehicle or governing the display of a
20municipal or county wheel tax license.
21    (b) Any ordinance establishing a system of administrative
22adjudication under this Section shall provide for:
23        (1) A traffic compliance administrator authorized to
24    adopt, distribute and process parking, compliance, and
25    automated speed enforcement system or automated traffic
26    law violation notices and other notices required by this

 

 

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1    Section, collect money paid as fines and penalties for
2    violation of parking and compliance ordinances and
3    automated speed enforcement system or automated traffic
4    law violations, and operate an administrative adjudication
5    system. The traffic compliance administrator also may make
6    a certified report to the Secretary of State under Section
7    6-306.5.
8        (2) A parking, standing, compliance, automated speed
9    enforcement system, or automated traffic law violation
10    notice that shall specify the date, time, and place of
11    violation of a parking, standing, compliance, automated
12    speed enforcement system, or automated traffic law
13    regulation; the particular regulation violated; any
14    requirement to complete a traffic education program; the
15    fine and any penalty that may be assessed for late payment
16    or failure to complete a required traffic education
17    program, or both, when so provided by ordinance; the
18    vehicle make and state registration number; and the
19    identification number of the person issuing the notice.
20    With regard to automated speed enforcement system or
21    automated traffic law violations, vehicle make shall be
22    specified on the automated speed enforcement system or
23    automated traffic law violation notice if the make is
24    available and readily discernible. With regard to
25    municipalities or counties with a population of 1 million
26    or more, it shall be grounds for dismissal of a parking

 

 

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1    violation if the state registration number or vehicle make
2    specified is incorrect. The violation notice shall state
3    that the completion of any required traffic education
4    program, the payment of any indicated fine, and the payment
5    of any applicable penalty for late payment or failure to
6    complete a required traffic education program, or both,
7    shall operate as a final disposition of the violation. The
8    notice also shall contain information as to the
9    availability of a hearing in which the violation may be
10    contested on its merits. The violation notice shall specify
11    the time and manner in which a hearing may be had.
12        (3) Service of the parking, standing, or compliance
13    violation notice by affixing the original or a facsimile of
14    the notice to an unlawfully parked vehicle or by handing
15    the notice to the operator of a vehicle if he or she is
16    present and service of an automated speed enforcement
17    system or automated traffic law violation notice by mail to
18    the address of the registered owner or lessee of the cited
19    vehicle as recorded with the Secretary of State or the
20    lessor of the motor vehicle within 30 days after the
21    Secretary of State or the lessor of the motor vehicle
22    notifies the municipality or county of the identity of the
23    owner or lessee of the vehicle, but not later than 90 days
24    after the violation, except that in the case of a lessee of
25    a motor vehicle, service of an automated traffic law
26    violation notice may occur no later than 210 days after the

 

 

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1    violation. A person authorized by ordinance to issue and
2    serve parking, standing, and compliance violation notices
3    shall certify as to the correctness of the facts entered on
4    the violation notice by signing his or her name to the
5    notice at the time of service or in the case of a notice
6    produced by a computerized device, by signing a single
7    certificate to be kept by the traffic compliance
8    administrator attesting to the correctness of all notices
9    produced by the device while it was under his or her
10    control. In the case of an automated traffic law violation,
11    the ordinance shall require a determination by a technician
12    employed or contracted by the municipality or county that,
13    based on inspection of recorded images, the motor vehicle
14    was being operated in violation of Section 11-208.6,
15    11-208.9, or 11-1201.1 or a local ordinance. If the
16    technician determines that the vehicle entered the
17    intersection as part of a funeral procession or in order to
18    yield the right-of-way to an emergency vehicle, a citation
19    shall not be issued. In municipalities with a population of
20    less than 1,000,000 inhabitants and counties with a
21    population of less than 3,000,000 inhabitants, the
22    automated traffic law ordinance shall require that all
23    determinations by a technician that a motor vehicle was
24    being operated in violation of Section 11-208.6, 11-208.9,
25    or 11-1201.1 or a local ordinance must be reviewed and
26    approved by a law enforcement officer or retired law

 

 

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1    enforcement officer of the municipality or county issuing
2    the violation. In municipalities with a population of
3    1,000,000 or more inhabitants and counties with a
4    population of 3,000,000 or more inhabitants, the automated
5    traffic law ordinance shall require that all
6    determinations by a technician that a motor vehicle was
7    being operated in violation of Section 11-208.6, 11-208.9,
8    or 11-1201.1 or a local ordinance must be reviewed and
9    approved by a law enforcement officer or retired law
10    enforcement officer of the municipality or county issuing
11    the violation or by an additional fully-trained reviewing
12    technician who is not employed by the contractor who
13    employs the technician who made the initial determination.
14    In the case of an automated speed enforcement system
15    violation, the ordinance shall require a determination by a
16    technician employed by the municipality, based upon an
17    inspection of recorded images, video or other
18    documentation, including documentation of the speed limit
19    and automated speed enforcement signage, and documentation
20    of the inspection, calibration, and certification of the
21    speed equipment, that the vehicle was being operated in
22    violation of Article VI of Chapter 11 of this Code or a
23    similar local ordinance. If the technician determines that
24    the vehicle speed was not determined by a calibrated,
25    certified speed equipment device based upon the speed
26    equipment documentation, or if the vehicle was an emergency

 

 

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1    vehicle, a citation may not be issued. The automated speed
2    enforcement ordinance shall require that all
3    determinations by a technician that a violation occurred be
4    reviewed and approved by a law enforcement officer or
5    retired law enforcement officer of the municipality
6    issuing the violation or by an additional fully trained
7    reviewing technician who is not employed by the contractor
8    who employs the technician who made the initial
9    determination. Routine and independent calibration of the
10    speeds produced by automated speed enforcement systems and
11    equipment shall be conducted by a qualified technician.
12    Speeds produced by an automated speed enforcement system
13    shall be compared with speeds produced by lidar or other
14    independent equipment. Qualified technicians shall test
15    radar or lidar equipment no less frequently than once each
16    week, and shall test loop based equipment no less
17    frequently than once a year. Radar equipment shall be
18    checked for accuracy by a qualified technician when the
19    unit is serviced, when unusual or suspect readings persist,
20    or when deemed necessary by a reviewing technician. Radar
21    equipment shall be checked with certified tuning forks, the
22    internal circuit test, and diode display test whenever the
23    radar is turned on. Technicians must be alert for any
24    unusual or suspect readings, and if unusual or suspect
25    readings of a radar unit persist, that unit shall
26    immediately be removed from service and not returned to

 

 

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1    service until it has been checked by a qualified technician
2    and determined to be functioning properly. Documentation
3    of the calibration results, including the equipment
4    tested, test date, technician performing the test, and test
5    results, shall be maintained and available for use in the
6    determination of an automated speed enforcement system
7    violation and issuance of a citation. The technician
8    performing the calibration and testing of the automated
9    speed enforcement equipment shall be trained and certified
10    in the use of equipment for speed enforcement purposes.
11    Training on the speed enforcement equipment may be
12    conducted by law enforcement, civilian, or manufacturer's
13    personnel and shall be equivalent to the equipment use and
14    operations training included in the Speed Measuring Device
15    Operator Program developed by the National Highway Traffic
16    Safety Administration (NHTSA). The technician who performs
17    the work shall keep accurate records on each piece of
18    equipment the technician calibrates and tests. As used in
19    this paragraph, "fully-trained reviewing technician" means
20    a person who has received at least 40 hours of supervised
21    training in subjects which shall include image inspection
22    and interpretation, the elements necessary to prove a
23    violation, license plate identification, and traffic
24    safety and management. In all municipalities and counties,
25    the automated speed enforcement system or automated
26    traffic law ordinance shall require that no additional fee

 

 

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1    shall be charged to the alleged violator for exercising his
2    or her right to an administrative hearing, and persons
3    shall be given at least 25 days following an administrative
4    hearing to pay any civil penalty imposed by a finding that
5    Section 11-208.6, 11-208.8, 11-208.9, or 11-1201.1 or a
6    similar local ordinance has been violated. The original or
7    a facsimile of the violation notice or, in the case of a
8    notice produced by a computerized device, a printed record
9    generated by the device showing the facts entered on the
10    notice, shall be retained by the traffic compliance
11    administrator, and shall be a record kept in the ordinary
12    course of business. A parking, standing, compliance,
13    automated speed enforcement system, or automated traffic
14    law violation notice issued, signed and served in
15    accordance with this Section, a copy of the notice, or the
16    computer generated record shall be prima facie correct and
17    shall be prima facie evidence of the correctness of the
18    facts shown on the notice. The notice, copy, or computer
19    generated record shall be admissible in any subsequent
20    administrative or legal proceedings.
21        (4) An opportunity for a hearing for the registered
22    owner of the vehicle cited in the parking, standing,
23    compliance, automated speed enforcement system, or
24    automated traffic law violation notice in which the owner
25    may contest the merits of the alleged violation, and during
26    which formal or technical rules of evidence shall not

 

 

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1    apply; provided, however, that under Section 11-1306 of
2    this Code the lessee of a vehicle cited in the violation
3    notice likewise shall be provided an opportunity for a
4    hearing of the same kind afforded the registered owner. The
5    hearings shall be recorded, and the person conducting the
6    hearing on behalf of the traffic compliance administrator
7    shall be empowered to administer oaths and to secure by
8    subpoena both the attendance and testimony of witnesses and
9    the production of relevant books and papers. Persons
10    appearing at a hearing under this Section may be
11    represented by counsel at their expense. The ordinance may
12    also provide for internal administrative review following
13    the decision of the hearing officer.
14        (5) Service of additional notices, sent by first class
15    United States mail, postage prepaid, to the address of the
16    registered owner of the cited vehicle as recorded with the
17    Secretary of State or, if any notice to that address is
18    returned as undeliverable, to the last known address
19    recorded in a United States Post Office approved database,
20    or, under Section 11-1306 or subsection (p) of Section
21    11-208.6 or 11-208.9, or subsection (p) of Section 11-208.8
22    of this Code, to the lessee of the cited vehicle at the
23    last address known to the lessor of the cited vehicle at
24    the time of lease or, if any notice to that address is
25    returned as undeliverable, to the last known address
26    recorded in a United States Post Office approved database.

 

 

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1    The service shall be deemed complete as of the date of
2    deposit in the United States mail. The notices shall be in
3    the following sequence and shall include but not be limited
4    to the information specified herein:
5            (i) A second notice of parking, standing, or
6        compliance violation. This notice shall specify the
7        date and location of the violation cited in the
8        parking, standing, or compliance violation notice, the
9        particular regulation violated, the vehicle make and
10        state registration number, any requirement to complete
11        a traffic education program, the fine and any penalty
12        that may be assessed for late payment or failure to
13        complete a traffic education program, or both, when so
14        provided by ordinance, the availability of a hearing in
15        which the violation may be contested on its merits, and
16        the time and manner in which the hearing may be had.
17        The notice of violation shall also state that failure
18        to complete a required traffic education program, to
19        pay the indicated fine and any applicable penalty, or
20        to appear at a hearing on the merits in the time and
21        manner specified, will result in a final determination
22        of violation liability for the cited violation in the
23        amount of the fine or penalty indicated, and that, upon
24        the occurrence of a final determination of violation
25        liability for the failure, and the exhaustion of, or
26        failure to exhaust, available administrative or

 

 

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1        judicial procedures for review, any incomplete traffic
2        education program or any unpaid fine or penalty, or
3        both, will constitute a debt due and owing the
4        municipality or county.
5            (ii) A notice of final determination of parking,
6        standing, compliance, automated speed enforcement
7        system, or automated traffic law violation liability.
8        This notice shall be sent following a final
9        determination of parking, standing, compliance,
10        automated speed enforcement system, or automated
11        traffic law violation liability and the conclusion of
12        judicial review procedures taken under this Section.
13        The notice shall state that the incomplete traffic
14        education program or the unpaid fine or penalty, or
15        both, is a debt due and owing the municipality or
16        county. The notice shall contain warnings that failure
17        to complete any required traffic education program or
18        to pay any fine or penalty due and owing the
19        municipality or county, or both, within the time
20        specified may result in the municipality's or county's
21        filing of a petition in the Circuit Court to have the
22        incomplete traffic education program or unpaid fine or
23        penalty, or both, rendered a judgment as provided by
24        this Section, or may result in suspension of the
25        person's drivers license for failure to complete a
26        traffic education program or to pay fines or penalties,

 

 

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1        or both, for 10 or more parking violations under
2        Section 6-306.5, or a combination of 5 or more
3        automated traffic law violations under Section
4        11-208.6 or 11-208.9 or automated speed enforcement
5        system violations under Section 11-208.8.
6        (6) A notice of impending drivers license suspension.
7    This notice shall be sent to the person liable for failure
8    to complete a required traffic education program or to pay
9    any fine or penalty that remains due and owing, or both, on
10    10 or more parking violations or combination of 5 or more
11    unpaid automated speed enforcement system or automated
12    traffic law violations. The notice shall state that failure
13    to complete a required traffic education program or to pay
14    the fine or penalty owing, or both, within 45 days of the
15    notice's date will result in the municipality or county
16    notifying the Secretary of State that the person is
17    eligible for initiation of suspension proceedings under
18    Section 6-306.5 of this Code. The notice shall also state
19    that the person may obtain a photostatic copy of an
20    original ticket imposing a fine or penalty by sending a
21    self addressed, stamped envelope to the municipality or
22    county along with a request for the photostatic copy. The
23    notice of impending drivers license suspension shall be
24    sent by first class United States mail, postage prepaid, to
25    the address recorded with the Secretary of State or, if any
26    notice to that address is returned as undeliverable, to the

 

 

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1    last known address recorded in a United States Post Office
2    approved database.
3        (7) Final determinations of violation liability. A
4    final determination of violation liability shall occur
5    following failure to complete the required traffic
6    education program or to pay the fine or penalty, or both,
7    after a hearing officer's determination of violation
8    liability and the exhaustion of or failure to exhaust any
9    administrative review procedures provided by ordinance.
10    Where a person fails to appear at a hearing to contest the
11    alleged violation in the time and manner specified in a
12    prior mailed notice, the hearing officer's determination
13    of violation liability shall become final: (A) upon denial
14    of a timely petition to set aside that determination, or
15    (B) upon expiration of the period for filing the petition
16    without a filing having been made.
17        (8) A petition to set aside a determination of parking,
18    standing, compliance, automated speed enforcement system,
19    or automated traffic law violation liability that may be
20    filed by a person owing an unpaid fine or penalty. A
21    petition to set aside a determination of liability may also
22    be filed by a person required to complete a traffic
23    education program. The petition shall be filed with and
24    ruled upon by the traffic compliance administrator in the
25    manner and within the time specified by ordinance. The
26    grounds for the petition may be limited to: (A) the person

 

 

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1    not having been the owner or lessee of the cited vehicle on
2    the date the violation notice was issued, (B) the person
3    having already completed the required traffic education
4    program or paid the fine or penalty, or both, for the
5    violation in question, and (C) excusable failure to appear
6    at or request a new date for a hearing. With regard to
7    municipalities or counties with a population of 1 million
8    or more, it shall be grounds for dismissal of a parking
9    violation if the state registration number, or vehicle make
10    if specified, is incorrect. After the determination of
11    parking, standing, compliance, automated speed enforcement
12    system, or automated traffic law violation liability has
13    been set aside upon a showing of just cause, the registered
14    owner shall be provided with a hearing on the merits for
15    that violation.
16        (9) Procedures for non-residents. Procedures by which
17    persons who are not residents of the municipality or county
18    may contest the merits of the alleged violation without
19    attending a hearing.
20        (10) A schedule of civil fines for violations of
21    vehicular standing, parking, compliance, automated speed
22    enforcement system, or automated traffic law regulations
23    enacted by ordinance pursuant to this Section, and a
24    schedule of penalties for late payment of the fines or
25    failure to complete required traffic education programs,
26    provided, however, that the total amount of the fine and

 

 

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1    penalty for any one violation shall not exceed $250, except
2    as provided in subsection (c) of Section 11-1301.3 of this
3    Code.
4        (11) Other provisions as are necessary and proper to
5    carry into effect the powers granted and purposes stated in
6    this Section.
7    (c) Any municipality or county establishing vehicular
8standing, parking, compliance, automated speed enforcement
9system, or automated traffic law regulations under this Section
10may also provide by ordinance for a program of vehicle
11immobilization for the purpose of facilitating enforcement of
12those regulations. The program of vehicle immobilization shall
13provide for immobilizing any eligible vehicle upon the public
14way by presence of a restraint in a manner to prevent operation
15of the vehicle. Any ordinance establishing a program of vehicle
16immobilization under this Section shall provide:
17        (1) Criteria for the designation of vehicles eligible
18    for immobilization. A vehicle shall be eligible for
19    immobilization when the registered owner of the vehicle has
20    accumulated the number of incomplete traffic education
21    programs or unpaid final determinations of parking,
22    standing, compliance, automated speed enforcement system,
23    or automated traffic law violation liability, or both, as
24    determined by ordinance.
25        (2) A notice of impending vehicle immobilization and a
26    right to a hearing to challenge the validity of the notice

 

 

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1    by disproving liability for the incomplete traffic
2    education programs or unpaid final determinations of
3    parking, standing, compliance, automated speed enforcement
4    system, or automated traffic law violation liability, or
5    both, listed on the notice.
6        (3) The right to a prompt hearing after a vehicle has
7    been immobilized or subsequently towed without the
8    completion of the required traffic education program or
9    payment of the outstanding fines and penalties on parking,
10    standing, compliance, automated speed enforcement system,
11    or automated traffic law violations, or both, for which
12    final determinations have been issued. An order issued
13    after the hearing is a final administrative decision within
14    the meaning of Section 3-101 of the Code of Civil
15    Procedure.
16        (4) A post immobilization and post-towing notice
17    advising the registered owner of the vehicle of the right
18    to a hearing to challenge the validity of the impoundment.
19    (d) Judicial review of final determinations of parking,
20standing, compliance, automated speed enforcement system, or
21automated traffic law violations and final administrative
22decisions issued after hearings regarding vehicle
23immobilization and impoundment made under this Section shall be
24subject to the provisions of the Administrative Review Law.
25    (e) Any fine, penalty, incomplete traffic education
26program, or part of any fine or any penalty remaining unpaid

 

 

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1after the exhaustion of, or the failure to exhaust,
2administrative remedies created under this Section and the
3conclusion of any judicial review procedures shall be a debt
4due and owing the municipality or county and, as such, may be
5collected in accordance with applicable law. Completion of any
6required traffic education program and payment in full of any
7fine or penalty resulting from a standing, parking, compliance,
8automated speed enforcement system, or automated traffic law
9violation shall constitute a final disposition of that
10violation.
11    (f) After the expiration of the period within which
12judicial review may be sought for a final determination of
13parking, standing, compliance, automated speed enforcement
14system, or automated traffic law violation, the municipality or
15county may commence a proceeding in the Circuit Court for
16purposes of obtaining a judgment on the final determination of
17violation. Nothing in this Section shall prevent a municipality
18or county from consolidating multiple final determinations of
19parking, standing, compliance, automated speed enforcement
20system, or automated traffic law violations against a person in
21a proceeding. Upon commencement of the action, the municipality
22or county shall file a certified copy or record of the final
23determination of parking, standing, compliance, automated
24speed enforcement system, or automated traffic law violation,
25which shall be accompanied by a certification that recites
26facts sufficient to show that the final determination of

 

 

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1violation was issued in accordance with this Section and the
2applicable municipal or county ordinance. Service of the
3summons and a copy of the petition may be by any method
4provided by Section 2-203 of the Code of Civil Procedure or by
5certified mail, return receipt requested, provided that the
6total amount of fines and penalties for final determinations of
7parking, standing, compliance, automated speed enforcement
8system, or automated traffic law violations does not exceed
9$2500. If the court is satisfied that the final determination
10of parking, standing, compliance, automated speed enforcement
11system, or automated traffic law violation was entered in
12accordance with the requirements of this Section and the
13applicable municipal or county ordinance, and that the
14registered owner or the lessee, as the case may be, had an
15opportunity for an administrative hearing and for judicial
16review as provided in this Section, the court shall render
17judgment in favor of the municipality or county and against the
18registered owner or the lessee for the amount indicated in the
19final determination of parking, standing, compliance,
20automated speed enforcement system, or automated traffic law
21violation, plus costs. The judgment shall have the same effect
22and may be enforced in the same manner as other judgments for
23the recovery of money.
24    (g) The fee for participating in a traffic education
25program under this Section shall not exceed $25.
26    A low-income individual required to complete a traffic

 

 

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1education program under this Section who provides proof of
2eligibility for the federal earned income tax credit under
3Section 32 of the Internal Revenue Code or the Illinois earned
4income tax credit under Section 212 of the Illinois Income Tax
5Act shall not be required to pay any fee for participating in a
6required traffic education program.
7(Source: P.A. 96-288, eff. 8-11-09; 96-478, eff. 1-1-10;
896-1000, eff. 7-2-10; 96-1016, eff. 1-1-11; 96-1386, eff.
97-29-10; 97-29, eff. 1-1-12; 97-333, eff. 8-12-11; 97-672, eff.
107-1-12.)
 
11    (625 ILCS 5/11-208.9 new)
12    Sec. 11-208.9. Automated traffic law enforcement system;
13approaching, overtaking, and passing a school bus.
14    (a) As used in this Section, "automated traffic law
15enforcement system" means a device with one or more motor
16vehicle sensors working in conjunction with the visual signals
17on a school bus, as specified in Sections 12-803 and 12-805 of
18this Code, to produce recorded images of motor vehicles that
19fail to stop before meeting or overtaking, from either
20direction, any school bus stopped at any location for the
21purpose of receiving or discharging pupils in violation of
22Section 11-1414 of this Code or a similar provision of a local
23ordinance.
24    An automated traffic law enforcement system is a system, in
25a municipality or county operated by a governmental agency,

 

 

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1that produces a recorded image of a motor vehicle's violation
2of a provision of this Code or a local ordinance and is
3designed to obtain a clear recorded image of the vehicle and
4the vehicle's license plate. The recorded image must also
5display the time, date, and location of the violation.
6    (b) As used in this Section, "recorded images" means images
7recorded by an automated traffic law enforcement system on:
8        (1) 2 or more photographs;
9        (2) 2 or more microphotographs;
10        (3) 2 or more electronic images; or
11        (4) a video recording showing the motor vehicle and, on
12    at least one image or portion of the recording, clearly
13    identifying the registration plate number of the motor
14    vehicle.
15    (c) A municipality or county that produces a recorded image
16of a motor vehicle's violation of a provision of this Code or a
17local ordinance must make the recorded images of a violation
18accessible to the alleged violator by providing the alleged
19violator with a website address, accessible through the
20Internet.
21    (d) For each violation of a provision of this Code or a
22local ordinance recorded by an automated traffic law
23enforcement system, the county or municipality having
24jurisdiction shall issue a written notice of the violation to
25the registered owner of the vehicle as the alleged violator.
26The notice shall be delivered to the registered owner of the

 

 

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1vehicle, by mail, within 30 days after the Secretary of State
2notifies the municipality or county of the identity of the
3owner of the vehicle, but in no event later than 90 days after
4the violation.
5    (e) The notice required under subsection (d) shall include:
6        (1) the name and address of the registered owner of the
7    vehicle;
8        (2) the registration number of the motor vehicle
9    involved in the violation;
10        (3) the violation charged;
11        (4) the location where the violation occurred;
12        (5) the date and time of the violation;
13        (6) a copy of the recorded images;
14        (7) the amount of the civil penalty imposed and the
15    date by which the civil penalty should be paid;
16        (8) a statement that recorded images are evidence of a
17    violation of overtaking or passing a school bus stopped for
18    the purpose of receiving or discharging pupils;
19        (9) a warning that failure to pay the civil penalty or
20    to contest liability in a timely manner is an admission of
21    liability and may result in a suspension of the driving
22    privileges of the registered owner of the vehicle;
23        (10) a statement that the person may elect to proceed
24    by:
25            (A) paying the fine; or
26            (B) challenging the charge in court, by mail, or by

 

 

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1        administrative hearing; and
2        (11) a website address, accessible through the
3    Internet, where the person may view the recorded images of
4    the violation.
5    (f) If a person charged with a traffic violation, as a
6result of an automated traffic law enforcement system under
7this Section, does not pay the fine or successfully contest the
8civil penalty resulting from that violation, the Secretary of
9State shall suspend the driving privileges of the registered
10owner of the vehicle under Section 6-306.5 of this Code for
11failing to pay any fine or penalty due and owing as a result of
12a combination of 5 violations of the automated traffic law
13enforcement system or the automated speed enforcement system
14under Section 11-208.8 of this Code.
15    (g) Based on inspection of recorded images produced by an
16automated traffic law enforcement system, a notice alleging
17that the violation occurred shall be evidence of the facts
18contained in the notice and admissible in any proceeding
19alleging a violation under this Section.
20    (h) Recorded images made by an automated traffic law
21enforcement system are confidential and shall be made available
22only to the alleged violator and governmental and law
23enforcement agencies for purposes of adjudicating a violation
24of this Section, for statistical purposes, or for other
25governmental purposes. Any recorded image evidencing a
26violation of this Section, however, may be admissible in any

 

 

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1proceeding resulting from the issuance of the citation.
2    (i) The court or hearing officer may consider in defense of
3a violation:
4        (1) that the motor vehicle or registration plates of
5    the motor vehicle were stolen before the violation occurred
6    and not under the control of or in the possession of the
7    owner at the time of the violation;
8        (2) that the driver of the motor vehicle received a
9    Uniform Traffic Citation from a police officer for a
10    violation of Section 11-1414 of this Code within one-eighth
11    of a mile and 15 minutes of the violation that was recorded
12    by the system;
13        (3) that the visual signals required by Sections 12-803
14    and 12-805 of this Code were damaged, not activated, not
15    present in violation of Sections 12-803 and 12-805, or
16    inoperable; and
17        (4) any other evidence or issues provided by municipal
18    or county ordinance.
19    (j) To demonstrate that the motor vehicle or the
20registration plates were stolen before the violation occurred
21and were not under the control or possession of the owner at
22the time of the violation, the owner must submit proof that a
23report concerning the stolen motor vehicle or registration
24plates was filed with a law enforcement agency in a timely
25manner.
26    (k) Unless the driver of the motor vehicle received a

 

 

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1Uniform Traffic Citation from a police officer at the time of
2the violation, the motor vehicle owner is subject to a civil
3penalty not exceeding $150 for a first time violation or $500
4for a second or subsequent violation, plus an additional
5penalty of not more than $100 for failure to pay the original
6penalty in a timely manner, if the motor vehicle is recorded by
7an automated traffic law enforcement system. A violation for
8which a civil penalty is imposed under this Section is not a
9violation of a traffic regulation governing the movement of
10vehicles and may not be recorded on the driving record of the
11owner of the vehicle, but may be recorded by the municipality
12or county for the purpose of determining if a person is subject
13to the higher fine for a second or subsequent offense.
14    (l) A school bus equipped with an automated traffic law
15enforcement system must be posted with a sign indicating that
16the school bus is being monitored by an automated traffic law
17enforcement system.
18    (m) A municipality or county that has one or more school
19buses equipped with an automated traffic law enforcement system
20must provide notice to drivers by posting a list of school
21districts using school buses equipped with an automated traffic
22law enforcement system on the municipality or county website.
23School districts that have one or more school buses equipped
24with an automated traffic law enforcement system must provide
25notice to drivers by posting that information on their
26websites.

 

 

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1    (n) A municipality or county operating an automated traffic
2law enforcement system shall conduct a statistical analysis to
3assess the safety impact in each school district using school
4buses equipped with an automated traffic law enforcement system
5following installation of the system. The statistical analysis
6shall be based upon the best available crash, traffic, and
7other data, and shall cover a period of time before and after
8installation of the system sufficient to provide a
9statistically valid comparison of safety impact. The
10statistical analysis shall be consistent with professional
11judgment and acceptable industry practice. The statistical
12analysis also shall be consistent with the data required for
13valid comparisons of before and after conditions and shall be
14conducted within a reasonable period following the
15installation of the automated traffic law enforcement system.
16The statistical analysis required by this subsection shall be
17made available to the public and shall be published on the
18website of the municipality or county. If the statistical
19analysis for the 36-month period following installation of the
20system indicates that there has been an increase in the rate of
21accidents at the approach to school buses monitored by the
22system, the municipality or county shall undertake additional
23studies to determine the cause and severity of the accidents,
24and may take any action that it determines is necessary or
25appropriate to reduce the number or severity of the accidents
26involving school buses equipped with an automated traffic law

 

 

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1enforcement system.
2    (o) The compensation paid for an automated traffic law
3enforcement system must be based on the value of the equipment
4or the services provided and may not be based on the number of
5traffic citations issued or the revenue generated by the
6system.
7    (p) No person who is the lessor of a motor vehicle pursuant
8to a written lease agreement shall be liable for an automated
9speed or traffic law enforcement system violation involving
10such motor vehicle during the period of the lease; provided
11that upon the request of the appropriate authority received
12within 120 days after the violation occurred, the lessor
13provides within 60 days after such receipt the name and address
14of the lessee. The drivers license number of a lessee may be
15subsequently individually requested by the appropriate
16authority if needed for enforcement of this Section.
17    Upon the provision of information by the lessor pursuant to
18this subsection, the county or municipality may issue the
19violation to the lessee of the vehicle in the same manner as it
20would issue a violation to a registered owner of a vehicle
21pursuant to this Section, and the lessee may be held liable for
22the violation.
23    (q) A municipality or county shall make a certified report
24to the Secretary of State pursuant to Section 6-306.5 of this
25Code whenever a registered owner of a vehicle has failed to pay
26any fine or penalty due and owing as a result of a combination

 

 

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1of 5 offenses for automated traffic law or speed enforcement
2system violations.
3    (r) After a municipality or county enacts an ordinance
4providing for automated traffic law enforcement systems under
5this Section, each school district within that municipality or
6county's jurisdiction may implement an automated traffic law
7enforcement system under this Section. The elected school board
8for that district must approve the implementation of an
9automated traffic law enforcement system. The school district
10shall be responsible for entering into a contract, approved by
11the elected school board of that district, with vendors for the
12installation, maintenance, and operation of the automated
13traffic law enforcement system. The school district must enter
14into an intergovernmental agreement, approved by the elected
15school board of that district, with the municipality or county
16with jurisdiction over that school district for the
17administration of the automated traffic law enforcement
18system. The proceeds from a school district's automated traffic
19law enforcement system's fines shall be divided equally between
20the school district and the municipality or county
21administering the automated traffic law enforcement system.