SB0923sam001 98TH GENERAL ASSEMBLY

Sen. Antonio Muņoz

Filed: 4/12/2013

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 923

2    AMENDMENT NO. ______. Amend Senate Bill 923 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Vehicle Code is amended by
5changing Sections 1-105.2, 6-306.5, 11-208, 11-208.3, and
611-612 and by adding 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

 

 

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1privileges.
2    (a) Upon receipt of a certified report, as prescribed by
3subsection (c) of this Section, from any municipality or county
4stating that the owner of a registered vehicle: (1) has failed
5to pay any fine or penalty due and owing as a result of 10 or
6more violations of a municipality's or county's vehicular
7standing, parking, or compliance regulations established by
8ordinance pursuant to Section 11-208.3 of this Code, (2) has
9failed to pay any fine or penalty due and owing as a result of 5
10offenses for automated speed enforcement system violations or
11automated traffic violations as defined in Sections 11-208.6,
1211-208.8, 11-208.9, or 11-1201.1, or combination thereof, or
13(3) is more than 14 days in default of a payment plan pursuant
14to which a suspension had been terminated under subsection (c)
15of this Section, the Secretary of State shall suspend the
16driving privileges of such person in accordance with the
17procedures set forth in this Section. The Secretary shall also
18suspend the driving privileges of an owner of a registered
19vehicle upon receipt of a certified report, as prescribed by
20subsection (f) of this Section, from any municipality or county
21stating that such person has failed to satisfy any fines or
22penalties imposed by final judgments for 5 or more automated
23speed enforcement system or automated traffic law violations,
24or combination thereof, or 10 or more violations of local
25standing, parking, or compliance regulations after exhaustion
26of judicial review procedures.

 

 

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

 

 

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1        (2) The name of the municipality or county making the
2    report pursuant to this Section.
3        (3) A statement that the municipality or county sent a
4    notice of impending drivers license suspension as
5    prescribed by ordinance enacted pursuant to Section
6    11-208.3 of this Code or a notice of default in a payment
7    plan, to the person named in the report at the address
8    recorded with the Secretary of State or at the last address
9    known to the lessor of the cited vehicle at the time of
10    lease or, if any notice sent under Section 11-208.3 of this
11    Code is returned as undeliverable, at the last known
12    address recorded in a United States Post Office approved
13    database; the date on which such notice was sent; and the
14    address to which such notice was sent. In a municipality or
15    county with a population of 1,000,000 or more, the report
16    shall also include a statement that the alleged violator's
17    State vehicle registration number and vehicle make, if
18    specified on the automated speed enforcement system
19    violation or automated traffic law violation notice, are
20    correct as they appear on the citations.
21        (4) A unique identifying reference number for each
22    request of suspension sent whenever a person has failed to
23    pay the fine or penalty or has defaulted on a payment plan.
24    (d) Any municipality or county making a certified report to
25the Secretary of State pursuant to this Section shall notify
26the Secretary of State, in a form prescribed by the Secretary,

 

 

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1whenever a person named in the certified report has paid the
2previously reported fine or penalty, whenever a person named in
3the certified report has entered into a payment plan pursuant
4to which the municipality or county has agreed to terminate the
5suspension, or whenever the municipality or county determines
6that the original report was in error. A certified copy of such
7notification shall also be given upon request and at no
8additional charge to the person named therein. Upon receipt of
9the municipality's or county's notification or presentation of
10a certified copy of such notification, the Secretary of State
11shall terminate the suspension.
12    (e) Any municipality or county making a certified report to
13the Secretary of State pursuant to this Section shall also by
14ordinance establish procedures for persons to challenge the
15accuracy of the certified report. The ordinance shall also
16state the grounds for such a challenge, which may be limited to
17(1) the person not having been the owner or lessee of the
18vehicle or vehicles receiving 10 or more standing, parking, or
19compliance violation notices or a combination of 5 or more
20automated speed enforcement system or automated traffic law
21violations on the date or dates such notices were issued; and
22(2) the person having already paid the fine or penalty for the
2310 or more standing, parking, or compliance violations or
24combination of 5 or more automated speed enforcement system or
25automated traffic law violations indicated on the certified
26report.

 

 

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1    (f) Any municipality or county, other than a municipality
2or county establishing vehicular standing, parking, and
3compliance regulations pursuant to Section 11-208.3, automated
4speed enforcement system regulations under Section 11-208.8,
5or automated traffic law regulations under Section 11-208.6,
611-208.9, or 11-1201.1, may also cause a suspension of a
7person's drivers license pursuant to this Section. Such
8municipality or county may invoke this sanction by making a
9certified report to the Secretary of State upon a person's
10failure to satisfy any fine or penalty imposed by final
11judgment for 10 or more violations of local standing, parking,
12or compliance regulations or a combination of 5 or more
13automated speed enforcement system or automated traffic law
14violations after exhaustion of judicial review procedures, but
15only if:
16        (1) the municipality or county complies with the
17    provisions of this Section in all respects except in regard
18    to enacting an ordinance pursuant to Section 11-208.3;
19        (2) the municipality or county has sent a notice of
20    impending drivers license suspension as prescribed by an
21    ordinance enacted pursuant to subsection (g) of this
22    Section; and
23        (3) in municipalities or counties with a population of
24    1,000,000 or more, the municipality or county has verified
25    that the alleged violator's State vehicle registration
26    number and vehicle make are correct as they appear on the

 

 

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1    citations.
2    (g) Any municipality or county, other than a municipality
3or county establishing standing, parking, and compliance
4regulations pursuant to Section 11-208.3, automated speed
5enforcement system regulations under Section 11-208.8, or
6automated traffic law regulations under Section 11-208.6,
711-208.9, or 11-1201.1, may provide by ordinance for the
8sending of a notice of impending drivers license suspension to
9the person who has failed to satisfy any fine or penalty
10imposed by final judgment for 10 or more violations of local
11standing, parking, or compliance regulations or a combination
12of 5 or more automated speed enforcement system or automated
13traffic law violations after exhaustion of judicial review
14procedures. An ordinance so providing shall specify that the
15notice sent to the person liable for any fine or penalty shall
16state that failure to pay the fine or penalty owing within 45
17days of the notice's date will result in the municipality or
18county notifying the Secretary of State that the person's
19drivers license is eligible for suspension pursuant to this
20Section. The notice of impending drivers license suspension
21shall be sent by first class United States mail, postage
22prepaid, to the address recorded with the Secretary of State or
23at the last address known to the lessor of the cited vehicle at
24the time of lease or, if any notice sent under Section 11-208.3
25of this Code is returned as undeliverable, to the last known
26address recorded in a United States Post Office approved

 

 

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1database.
2    (h) An administrative hearing to contest an impending
3suspension or a suspension made pursuant to this Section may be
4had upon filing a written request with the Secretary of State.
5The filing fee for this hearing shall be $20, to be paid at the
6time the request is made. A municipality or county which files
7a certified report with the Secretary of State pursuant to this
8Section shall reimburse the Secretary for all reasonable costs
9incurred by the Secretary as a result of the filing of the
10report, including but not limited to the costs of providing the
11notice required pursuant to subsection (b) and the costs
12incurred by the Secretary in any hearing conducted with respect
13to the report pursuant to this subsection and any appeal from
14such a hearing.
15    (i) The provisions of this Section shall apply on and after
16January 1, 1988.
17    (j) For purposes of this Section, the term "compliance
18violation" is defined as in Section 11-208.3.
19(Source: P.A. 96-478, eff. 1-1-10; 96-1184, eff. 7-22-10;
2096-1386, eff. 7-29-10; 97-333, eff. 8-12-11; 97-672, eff.
217-1-12.)
 
22    (625 ILCS 5/11-208)   (from Ch. 95 1/2, par. 11-208)
23    Sec. 11-208. Powers of local authorities.
24    (a) The provisions of this Code shall not be deemed to
25prevent local authorities with respect to streets and highways

 

 

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1under their jurisdiction and within the reasonable exercise of
2the police power from:
3        1. Regulating the standing or parking of vehicles,
4    except as limited by Sections 11-1306 and 11-1307 of this
5    Act;
6        2. Regulating traffic by means of police officers or
7    traffic control signals;
8        3. Regulating or prohibiting processions or
9    assemblages on the highways;
10        4. Designating particular highways as one-way highways
11    and requiring that all vehicles thereon be moved in one
12    specific direction;
13        5. Regulating the speed of vehicles in public parks
14    subject to the limitations set forth in Section 11-604;
15        6. Designating any highway as a through highway, as
16    authorized in Section 11-302, and requiring that all
17    vehicles stop before entering or crossing the same or
18    designating any intersection as a stop intersection or a
19    yield right-of-way intersection and requiring all vehicles
20    to stop or yield the right-of-way at one or more entrances
21    to such intersections;
22        7. Restricting the use of highways as authorized in
23    Chapter 15;
24        8. Regulating the operation of bicycles and requiring
25    the registration and licensing of same, including the
26    requirement of a registration fee;

 

 

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1        9. Regulating or prohibiting the turning of vehicles or
2    specified types of vehicles at intersections;
3        10. Altering the speed limits as authorized in Section
4    11-604;
5        11. Prohibiting U-turns;
6        12. Prohibiting pedestrian crossings at other than
7    designated and marked crosswalks or at intersections;
8        13. Prohibiting parking during snow removal operation;
9        14. Imposing fines in accordance with Section
10    11-1301.3 as penalties for use of any parking place
11    reserved for persons with disabilities, as defined by
12    Section 1-159.1, or disabled veterans by any person using a
13    motor vehicle not bearing registration plates specified in
14    Section 11-1301.1 or a special decal or device as defined
15    in Section 11-1301.2 as evidence that the vehicle is
16    operated by or for a person with disabilities or disabled
17    veteran;
18        15. Adopting such other traffic regulations as are
19    specifically authorized by this Code; or
20        16. Enforcing the provisions of subsection (f) of
21    Section 3-413 of this Code or a similar local ordinance.
22    (b) No ordinance or regulation enacted under subsections 1,
234, 5, 6, 7, 9, 10, 11 or 13 of paragraph (a) shall be effective
24until signs giving reasonable notice of such local traffic
25regulations are posted.
26    (c) The provisions of this Code shall not prevent any

 

 

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1municipality having a population of 500,000 or more inhabitants
2from prohibiting any person from driving or operating any motor
3vehicle upon the roadways of such municipality with headlamps
4on high beam or bright.
5    (d) The provisions of this Code shall not be deemed to
6prevent local authorities within the reasonable exercise of
7their police power from prohibiting, on private property, the
8unauthorized use of parking spaces reserved for persons with
9disabilities.
10    (e) No unit of local government, including a home rule
11unit, may enact or enforce an ordinance that applies only to
12motorcycles if the principal purpose for that ordinance is to
13restrict the access of motorcycles to any highway or portion of
14a highway for which federal or State funds have been used for
15the planning, design, construction, or maintenance of that
16highway. No unit of local government, including a home rule
17unit, may enact an ordinance requiring motorcycle users to wear
18protective headgear. Nothing in this subsection (e) shall
19affect the authority of a unit of local government to regulate
20motorcycles for traffic control purposes or in accordance with
21Section 12-602 of this Code. No unit of local government,
22including a home rule unit, may regulate motorcycles in a
23manner inconsistent with this Code. This subsection (e) is a
24limitation under subsection (i) of Section 6 of Article VII of
25the Illinois Constitution on the concurrent exercise by home
26rule units of powers and functions exercised by the State.

 

 

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1    (f) A municipality or county designated in Section 11-208.6
2may enact an ordinance providing for an automated traffic law
3enforcement system to enforce violations of this Code or a
4similar provision of a local ordinance and imposing liability
5on a registered owner or lessee of a vehicle used in such a
6violation.
7    (g) A municipality or county, as provided in Section
811-1201.1, may enact an ordinance providing for an automated
9traffic law enforcement system to enforce violations of Section
1011-1201 of this Code or a similar provision of a local
11ordinance and imposing liability on a registered owner of a
12vehicle used in such a violation.
13    (h) A municipality designated in Section 11-208.8 may enact
14an ordinance providing for an automated speed enforcement
15system to enforce violations of Article VI of Chapter 11 of
16this Code or a similar provision of a local ordinance.
17    (i) A municipality or county designated in Section 11-208.9
18may enact an ordinance providing for an automated traffic law
19enforcement system to enforce violations of Section 11-1414 of
20this Code or a similar provision of a local ordinance and
21imposing liability on a registered owner or lessee of a vehicle
22used in such a violation.
23(Source: P.A. 96-478, eff. 1-1-10; 96-1256, eff. 1-1-11; 97-29,
24eff. 1-1-12; 97-672, eff. 7-1-12.)
 
25    (625 ILCS 5/11-208.3)  (from Ch. 95 1/2, par. 11-208.3)

 

 

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1    Sec. 11-208.3. Administrative adjudication of violations
2of traffic regulations concerning the standing, parking, or
3condition of vehicles, automated traffic law violations, and
4automated speed enforcement system violations.
5    (a) Any municipality or county may provide by ordinance for
6a system of administrative adjudication of vehicular standing
7and parking violations and vehicle compliance violations as
8described in this subsection, automated traffic law violations
9as defined in Section 11-208.6, 11-208.9, or 11-1201.1, and
10automated speed enforcement system violations as defined in
11Section 11-208.8. The administrative system shall have as its
12purpose the fair and efficient enforcement of municipal or
13county regulations through the administrative adjudication of
14automated speed enforcement system or automated traffic law
15violations and violations of municipal or county ordinances
16regulating the standing and parking of vehicles, the condition
17and use of vehicle equipment, and the display of municipal or
18county wheel tax licenses within the municipality's or county's
19borders. The administrative system shall only have authority to
20adjudicate civil offenses carrying fines not in excess of $500
21or requiring the completion of a traffic education program, or
22both, that occur after the effective date of the ordinance
23adopting such a system under this Section. For purposes of this
24Section, "compliance violation" means a violation of a
25municipal or county regulation governing the condition or use
26of equipment on a vehicle or governing the display of a

 

 

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1municipal or county wheel tax license.
2    (b) Any ordinance establishing a system of administrative
3adjudication under this Section shall provide for:
4        (1) A traffic compliance administrator authorized to
5    adopt, distribute and process parking, compliance, and
6    automated speed enforcement system or automated traffic
7    law violation notices and other notices required by this
8    Section, collect money paid as fines and penalties for
9    violation of parking and compliance ordinances and
10    automated speed enforcement system or automated traffic
11    law violations, and operate an administrative adjudication
12    system. The traffic compliance administrator also may make
13    a certified report to the Secretary of State under Section
14    6-306.5.
15        (2) A parking, standing, compliance, automated speed
16    enforcement system, or automated traffic law violation
17    notice that shall specify the date, time, and place of
18    violation of a parking, standing, compliance, automated
19    speed enforcement system, or automated traffic law
20    regulation; the particular regulation violated; any
21    requirement to complete a traffic education program; the
22    fine and any penalty that may be assessed for late payment
23    or failure to complete a required traffic education
24    program, or both, when so provided by ordinance; the
25    vehicle make and state registration number; and the
26    identification number of the person issuing the notice.

 

 

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1    With regard to automated speed enforcement system or
2    automated traffic law violations, vehicle make shall be
3    specified on the automated speed enforcement system or
4    automated traffic law violation notice if the make is
5    available and readily discernible. With regard to
6    municipalities or counties with a population of 1 million
7    or more, it shall be grounds for dismissal of a parking
8    violation if the state registration number or vehicle make
9    specified is incorrect. The violation notice shall state
10    that the completion of any required traffic education
11    program, the payment of any indicated fine, and the payment
12    of any applicable penalty for late payment or failure to
13    complete a required traffic education program, or both,
14    shall operate as a final disposition of the violation. The
15    notice also shall contain information as to the
16    availability of a hearing in which the violation may be
17    contested on its merits. The violation notice shall specify
18    the time and manner in which a hearing may be had.
19        (3) Service of the parking, standing, or compliance
20    violation notice by affixing the original or a facsimile of
21    the notice to an unlawfully parked vehicle or by handing
22    the notice to the operator of a vehicle if he or she is
23    present and service of an automated speed enforcement
24    system or automated traffic law violation notice by mail to
25    the address of the registered owner or lessee of the cited
26    vehicle as recorded with the Secretary of State or the

 

 

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1    lessor of the motor vehicle within 30 days after the
2    Secretary of State or the lessor of the motor vehicle
3    notifies the municipality or county of the identity of the
4    owner or lessee of the vehicle, but not later than 90 days
5    after the violation, except that in the case of a lessee of
6    a motor vehicle, service of an automated traffic law
7    violation notice may occur no later than 210 days after the
8    violation. A person authorized by ordinance to issue and
9    serve parking, standing, and compliance violation notices
10    shall certify as to the correctness of the facts entered on
11    the violation notice by signing his or her name to the
12    notice at the time of service or in the case of a notice
13    produced by a computerized device, by signing a single
14    certificate to be kept by the traffic compliance
15    administrator attesting to the correctness of all notices
16    produced by the device while it was under his or her
17    control. In the case of an automated traffic law violation,
18    the ordinance shall require a determination by a technician
19    employed or contracted by the municipality or county that,
20    based on inspection of recorded images, the motor vehicle
21    was being operated in violation of Section 11-208.6,
22    11-208.9, or 11-1201.1 or a local ordinance. If the
23    technician determines that the vehicle entered the
24    intersection as part of a funeral procession or in order to
25    yield the right-of-way to an emergency vehicle, a citation
26    shall not be issued. In municipalities with a population of

 

 

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

 

 

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1    of the inspection, calibration, and certification of the
2    speed equipment, that the vehicle was being operated in
3    violation of Article VI of Chapter 11 of this Code or a
4    similar local ordinance. If the technician determines that
5    the vehicle speed was not determined by a calibrated,
6    certified speed equipment device based upon the speed
7    equipment documentation, or if the vehicle was an emergency
8    vehicle, a citation may not be issued. The automated speed
9    enforcement ordinance shall require that all
10    determinations by a technician that a violation occurred be
11    reviewed and approved by a law enforcement officer or
12    retired law enforcement officer of the municipality
13    issuing the violation or by an additional fully trained
14    reviewing technician who is not employed by the contractor
15    who employs the technician who made the initial
16    determination. Routine and independent calibration of the
17    speeds produced by automated speed enforcement systems and
18    equipment shall be conducted by a qualified technician.
19    Speeds produced by an automated speed enforcement system
20    shall be compared with speeds produced by lidar or other
21    independent equipment. Qualified technicians shall test
22    radar or lidar equipment no less frequently than once each
23    week, and shall test loop based equipment no less
24    frequently than once a year. Radar equipment shall be
25    checked for accuracy by a qualified technician when the
26    unit is serviced, when unusual or suspect readings persist,

 

 

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1    or when deemed necessary by a reviewing technician. Radar
2    equipment shall be checked with certified tuning forks, the
3    internal circuit test, and diode display test whenever the
4    radar is turned on. Technicians must be alert for any
5    unusual or suspect readings, and if unusual or suspect
6    readings of a radar unit persist, that unit shall
7    immediately be removed from service and not returned to
8    service until it has been checked by a qualified technician
9    and determined to be functioning properly. Documentation
10    of the calibration results, including the equipment
11    tested, test date, technician performing the test, and test
12    results, shall be maintained and available for use in the
13    determination of an automated speed enforcement system
14    violation and issuance of a citation. The technician
15    performing the calibration and testing of the automated
16    speed enforcement equipment shall be trained and certified
17    in the use of equipment for speed enforcement purposes.
18    Training on the speed enforcement equipment may be
19    conducted by law enforcement, civilian, or manufacturer's
20    personnel and shall be equivalent to the equipment use and
21    operations training included in the Speed Measuring Device
22    Operator Program developed by the National Highway Traffic
23    Safety Administration (NHTSA). The technician who performs
24    the work shall keep accurate records on each piece of
25    equipment the technician calibrates and tests. As used in
26    this paragraph, "fully-trained reviewing technician" means

 

 

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1    a person who has received at least 40 hours of supervised
2    training in subjects which shall include image inspection
3    and interpretation, the elements necessary to prove a
4    violation, license plate identification, and traffic
5    safety and management. In all municipalities and counties,
6    the automated speed enforcement system or automated
7    traffic law ordinance shall require that no additional fee
8    shall be charged to the alleged violator for exercising his
9    or her right to an administrative hearing, and persons
10    shall be given at least 25 days following an administrative
11    hearing to pay any civil penalty imposed by a finding that
12    Section 11-208.6, 11-208.8, 11-208.9, or 11-1201.1 or a
13    similar local ordinance has been violated. The original or
14    a facsimile of the violation notice or, in the case of a
15    notice produced by a computerized device, a printed record
16    generated by the device showing the facts entered on the
17    notice, shall be retained by the traffic compliance
18    administrator, and shall be a record kept in the ordinary
19    course of business. A parking, standing, compliance,
20    automated speed enforcement system, or automated traffic
21    law violation notice issued, signed and served in
22    accordance with this Section, a copy of the notice, or the
23    computer generated record shall be prima facie correct and
24    shall be prima facie evidence of the correctness of the
25    facts shown on the notice. The notice, copy, or computer
26    generated record shall be admissible in any subsequent

 

 

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1    administrative or legal proceedings.
2        (4) An opportunity for a hearing for the registered
3    owner of the vehicle cited in the parking, standing,
4    compliance, automated speed enforcement system, or
5    automated traffic law violation notice in which the owner
6    may contest the merits of the alleged violation, and during
7    which formal or technical rules of evidence shall not
8    apply; provided, however, that under Section 11-1306 of
9    this Code the lessee of a vehicle cited in the violation
10    notice likewise shall be provided an opportunity for a
11    hearing of the same kind afforded the registered owner. The
12    hearings shall be recorded, and the person conducting the
13    hearing on behalf of the traffic compliance administrator
14    shall be empowered to administer oaths and to secure by
15    subpoena both the attendance and testimony of witnesses and
16    the production of relevant books and papers. Persons
17    appearing at a hearing under this Section may be
18    represented by counsel at their expense. The ordinance may
19    also provide for internal administrative review following
20    the decision of the hearing officer.
21        (5) Service of additional notices, sent by first class
22    United States mail, postage prepaid, to the address of the
23    registered owner of the cited vehicle as recorded with the
24    Secretary of State 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    or, under Section 11-1306 or subsection (p) of Section
2    11-208.6 or 11-208.9, or subsection (p) of Section 11-208.8
3    of this Code, to the lessee of the cited vehicle at the
4    last address known to the lessor of the cited vehicle at
5    the time of lease or, if any notice to that address is
6    returned as undeliverable, to the last known address
7    recorded in a United States Post Office approved database.
8    The service shall be deemed complete as of the date of
9    deposit in the United States mail. The notices shall be in
10    the following sequence and shall include but not be limited
11    to the information specified herein:
12            (i) A second notice of parking, standing, or
13        compliance violation. This notice shall specify the
14        date and location of the violation cited in the
15        parking, standing, or compliance violation notice, the
16        particular regulation violated, the vehicle make and
17        state registration number, any requirement to complete
18        a traffic education program, the fine and any penalty
19        that may be assessed for late payment or failure to
20        complete a traffic education program, or both, when so
21        provided by ordinance, the availability of a hearing in
22        which the violation may be contested on its merits, and
23        the time and manner in which the hearing may be had.
24        The notice of violation shall also state that failure
25        to complete a required traffic education program, to
26        pay the indicated fine and any applicable penalty, or

 

 

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1        to appear at a hearing on the merits in the time and
2        manner specified, will result in a final determination
3        of violation liability for the cited violation in the
4        amount of the fine or penalty indicated, and that, upon
5        the occurrence of a final determination of violation
6        liability for the failure, and the exhaustion of, or
7        failure to exhaust, available administrative or
8        judicial procedures for review, any incomplete traffic
9        education program or any unpaid fine or penalty, or
10        both, will constitute a debt due and owing the
11        municipality or county.
12            (ii) A notice of final determination of parking,
13        standing, compliance, automated speed enforcement
14        system, or automated traffic law violation liability.
15        This notice shall be sent following a final
16        determination of parking, standing, compliance,
17        automated speed enforcement system, or automated
18        traffic law violation liability and the conclusion of
19        judicial review procedures taken under this Section.
20        The notice shall state that the incomplete traffic
21        education program or the unpaid fine or penalty, or
22        both, is a debt due and owing the municipality or
23        county. The notice shall contain warnings that failure
24        to complete any required traffic education program or
25        to pay any fine or penalty due and owing the
26        municipality or county, or both, within the time

 

 

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1        specified may result in the municipality's or county's
2        filing of a petition in the Circuit Court to have the
3        incomplete traffic education program or unpaid fine or
4        penalty, or both, rendered a judgment as provided by
5        this Section, or may result in suspension of the
6        person's drivers license for failure to complete a
7        traffic education program or to pay fines or penalties,
8        or both, for 10 or more parking violations under
9        Section 6-306.5, or a combination of 5 or more
10        automated traffic law violations under Section
11        11-208.6 or 11-208.9 or automated speed enforcement
12        system violations under Section 11-208.8.
13        (6) A notice of impending drivers license suspension.
14    This notice shall be sent to the person liable for failure
15    to complete a required traffic education program or to pay
16    any fine or penalty that remains due and owing, or both, on
17    10 or more parking violations or combination of 5 or more
18    unpaid automated speed enforcement system or automated
19    traffic law violations. The notice shall state that failure
20    to complete a required traffic education program or to pay
21    the fine or penalty owing, or both, within 45 days of the
22    notice's date will result in the municipality or county
23    notifying the Secretary of State that the person is
24    eligible for initiation of suspension proceedings under
25    Section 6-306.5 of this Code. The notice shall also state
26    that the person may obtain a photostatic copy of an

 

 

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1    original ticket imposing a fine or penalty by sending a
2    self addressed, stamped envelope to the municipality or
3    county along with a request for the photostatic copy. The
4    notice of impending drivers license suspension shall be
5    sent by first class United States mail, postage prepaid, to
6    the address recorded with the Secretary of State or, if any
7    notice to that address is returned as undeliverable, to the
8    last known address recorded in a United States Post Office
9    approved database.
10        (7) Final determinations of violation liability. A
11    final determination of violation liability shall occur
12    following failure to complete the required traffic
13    education program or to pay the fine or penalty, or both,
14    after a hearing officer's determination of violation
15    liability and the exhaustion of or failure to exhaust any
16    administrative review procedures provided by ordinance.
17    Where a person fails to appear at a hearing to contest the
18    alleged violation in the time and manner specified in a
19    prior mailed notice, the hearing officer's determination
20    of violation liability shall become final: (A) upon denial
21    of a timely petition to set aside that determination, or
22    (B) upon expiration of the period for filing the petition
23    without a filing having been made.
24        (8) A petition to set aside a determination of parking,
25    standing, compliance, automated speed enforcement system,
26    or automated traffic law violation liability that may be

 

 

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

 

 

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1        (10) A schedule of civil fines for violations of
2    vehicular standing, parking, compliance, automated speed
3    enforcement system, or automated traffic law regulations
4    enacted by ordinance pursuant to this Section, and a
5    schedule of penalties for late payment of the fines or
6    failure to complete required traffic education programs,
7    provided, however, that the total amount of the fine and
8    penalty for any one violation shall not exceed $250, except
9    as provided in subsection (c) of Section 11-1301.3 of this
10    Code.
11        (11) Other provisions as are necessary and proper to
12    carry into effect the powers granted and purposes stated in
13    this Section.
14    (c) Any municipality or county establishing vehicular
15standing, parking, compliance, automated speed enforcement
16system, or automated traffic law regulations under this Section
17may also provide by ordinance for a program of vehicle
18immobilization for the purpose of facilitating enforcement of
19those regulations. The program of vehicle immobilization shall
20provide for immobilizing any eligible vehicle upon the public
21way by presence of a restraint in a manner to prevent operation
22of the vehicle. Any ordinance establishing a program of vehicle
23immobilization under this Section shall provide:
24        (1) Criteria for the designation of vehicles eligible
25    for immobilization. A vehicle shall be eligible for
26    immobilization when the registered owner of the vehicle has

 

 

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

 

 

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1standing, compliance, automated speed enforcement system, or
2automated traffic law violations and final administrative
3decisions issued after hearings regarding vehicle
4immobilization and impoundment made under this Section shall be
5subject to the provisions of the Administrative Review Law.
6    (e) Any fine, penalty, incomplete traffic education
7program, or part of any fine or any penalty remaining unpaid
8after the exhaustion of, or the failure to exhaust,
9administrative remedies created under this Section and the
10conclusion of any judicial review procedures shall be a debt
11due and owing the municipality or county and, as such, may be
12collected in accordance with applicable law. Completion of any
13required traffic education program and payment in full of any
14fine or penalty resulting from a standing, parking, compliance,
15automated speed enforcement system, or automated traffic law
16violation shall constitute a final disposition of that
17violation.
18    (f) After the expiration of the period within which
19judicial review may be sought for a final determination of
20parking, standing, compliance, automated speed enforcement
21system, or automated traffic law violation, the municipality or
22county may commence a proceeding in the Circuit Court for
23purposes of obtaining a judgment on the final determination of
24violation. Nothing in this Section shall prevent a municipality
25or county from consolidating multiple final determinations of
26parking, standing, compliance, automated speed enforcement

 

 

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1system, or automated traffic law violations against a person in
2a proceeding. Upon commencement of the action, the municipality
3or county shall file a certified copy or record of the final
4determination of parking, standing, compliance, automated
5speed enforcement system, or automated traffic law violation,
6which shall be accompanied by a certification that recites
7facts sufficient to show that the final determination of
8violation was issued in accordance with this Section and the
9applicable municipal or county ordinance. Service of the
10summons and a copy of the petition may be by any method
11provided by Section 2-203 of the Code of Civil Procedure or by
12certified mail, return receipt requested, provided that the
13total amount of fines and penalties for final determinations of
14parking, standing, compliance, automated speed enforcement
15system, or automated traffic law violations does not exceed
16$2500. If the court is satisfied that the final determination
17of parking, standing, compliance, automated speed enforcement
18system, or automated traffic law violation was entered in
19accordance with the requirements of this Section and the
20applicable municipal or county ordinance, and that the
21registered owner or the lessee, as the case may be, had an
22opportunity for an administrative hearing and for judicial
23review as provided in this Section, the court shall render
24judgment in favor of the municipality or county and against the
25registered owner or the lessee for the amount indicated in the
26final determination of parking, standing, compliance,

 

 

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1automated speed enforcement system, or automated traffic law
2violation, plus costs. The judgment shall have the same effect
3and may be enforced in the same manner as other judgments for
4the recovery of money.
5    (g) The fee for participating in a traffic education
6program under this Section shall not exceed $25.
7    A low-income individual required to complete a traffic
8education program under this Section who provides proof of
9eligibility for the federal earned income tax credit under
10Section 32 of the Internal Revenue Code or the Illinois earned
11income tax credit under Section 212 of the Illinois Income Tax
12Act shall not be required to pay any fee for participating in a
13required traffic education program.
14(Source: P.A. 96-288, eff. 8-11-09; 96-478, eff. 1-1-10;
1596-1000, eff. 7-2-10; 96-1016, eff. 1-1-11; 96-1386, eff.
167-29-10; 97-29, eff. 1-1-12; 97-333, eff. 8-12-11; 97-672, eff.
177-1-12.)
 
18    (625 ILCS 5/11-208.9 new)
19    Sec. 11-208.9. Automated traffic law enforcement system;
20approaching, overtaking, and passing a school bus.
21    (a) As used in this Section, "automated traffic law
22enforcement system" means a device with one or more motor
23vehicle sensors working in conjunction with the visual signals
24on a school bus, as specified in Sections 12-803 and 12-805 of
25this Code, to produce recorded images of motor vehicles that

 

 

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1fail to stop before meeting or overtaking, from either
2direction, any school bus stopped at any location for the
3purpose of receiving or discharging pupils in violation of
4Section 11-1414 of this Code or a similar provision of a local
5ordinance.
6    An automated traffic law enforcement system is a system, in
7a municipality or county operated by a governmental agency,
8that produces a recorded image of a motor vehicle's violation
9of a provision of this Code or a local ordinance and is
10designed to obtain a clear recorded image of the vehicle and
11the vehicle's license plate. The recorded image must also
12display the time, date, and location of the violation.
13    (b) As used in this Section, "recorded images" means images
14recorded by an automated traffic law enforcement system on:
15        (1) 2 or more photographs;
16        (2) 2 or more microphotographs;
17        (3) 2 or more electronic images; or
18        (4) a video recording showing the motor vehicle and, on
19    at least one image or portion of the recording, clearly
20    identifying the registration plate number of the motor
21    vehicle.
22    (c) A municipality or county that produces a recorded image
23of a motor vehicle's violation of a provision of this Code or a
24local ordinance must make the recorded images of a violation
25accessible to the alleged violator by providing the alleged
26violator with a website address, accessible through the

 

 

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1Internet.
2    (d) For each violation of a provision of this Code or a
3local ordinance recorded by an automatic traffic law
4enforcement system, the county or municipality having
5jurisdiction shall issue a written notice of the violation to
6the registered owner of the vehicle as the alleged violator.
7The notice shall be delivered to the registered owner of the
8vehicle, by mail, within 30 days after the Secretary of State
9notifies the municipality or county of the identity of the
10owner of the vehicle, but in no event later than 90 days after
11the violation.
12    (e) The notice required under subsection (d) shall include:
13        (1) the name and address of the registered owner of the
14    vehicle;
15        (2) the registration number of the motor vehicle
16    involved in the violation;
17        (3) the violation charged;
18        (4) the location where the violation occurred;
19        (5) the date and time of the violation;
20        (6) a copy of the recorded images;
21        (7) the amount of the civil penalty imposed and the
22    date by which the civil penalty should be paid;
23        (8) a statement that recorded images are evidence of a
24    violation of overtaking or passing a school bus stopped for
25    the purpose of receiving or discharging pupils;
26        (9) a warning that failure to pay the civil penalty or

 

 

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1    to contest liability in a timely manner is an admission of
2    liability and may result in a suspension of the driving
3    privileges of the registered owner of the vehicle;
4        (10) a statement that the person may elect to proceed
5    by:
6            (A) paying the fine; or
7            (B) challenging the charge in court, by mail, or by
8        administrative hearing; and
9        (11) a website address, accessible through the
10    Internet, where the person may view the recorded images of
11    the violation.
12    (f) If a person charged with a traffic violation, as a
13result of an automated traffic law enforcement system under
14this Section, does not pay the fine or successfully contest the
15civil penalty resulting from that violation, the Secretary of
16State shall suspend the driving privileges of the registered
17owner of the vehicle under Section 6-306.5 of this Code for
18failing to pay any fine or penalty due and owing as a result of
19a combination of 5 violations of the automated traffic law
20enforcement system or the automated speed enforcement system
21under Section 11-208.8 of this Code.
22    (g) Based on inspection of recorded images produced by an
23automated traffic law enforcement system, a notice alleging
24that the violation occurred shall be evidence of the facts
25contained in the notice and admissible in any proceeding
26alleging a violation under this Section.

 

 

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1    (h) Recorded images made by an automatic traffic law
2enforcement system are confidential and shall be made available
3only to the alleged violator and governmental and law
4enforcement agencies for purposes of adjudicating a violation
5of this Section, for statistical purposes, or for other
6governmental purposes. Any recorded image evidencing a
7violation of this Section, however, may be admissible in any
8proceeding resulting from the issuance of the citation.
9    (i) The court or hearing officer may consider in defense of
10a violation:
11        (1) that the motor vehicle or registration plates of
12    the motor vehicle were stolen before the violation occurred
13    and not under the control of or in the possession of the
14    owner at the time of the violation;
15        (2) that the driver of the motor vehicle received a
16    Uniform Traffic Citation from a police officer for a
17    violation of Section 11-1414 of this Code within one-eight
18    of a mile and 15 minutes of the violation that was recorded
19    by the system;
20        (3) that the visual signals required by Sections 12-803
21    and 12-805 of this Code were damaged, not activated, not
22    present in violation of Sections 12-803 and 12-805, or
23    inoperable; and
24        (4) any other evidence or issues provided by municipal
25    or county ordinance.
26    (j) To demonstrate that the motor vehicle or the

 

 

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1registration plates were stolen before the violation occurred
2and were not under the control or possession of the owner at
3the time of the violation, the owner must submit proof that a
4report concerning the stolen motor vehicle or registration
5plates was filed with a law enforcement agency in a timely
6manner.
7    (k) Unless the driver of the motor vehicle received a
8Uniform Traffic Citation from a police officer at the time of
9the violation, the motor vehicle owner is subject to a civil
10penalty not exceeding $150 for a first time violation or $500
11for a second or subsequent violation, plus an additional
12penalty of not more than $100 for failure to pay the original
13penalty in a timely manner, if the motor vehicle is recorded by
14an automated traffic law enforcement system. A violation for
15which a civil penalty is imposed under this Section is not a
16violation of a traffic regulation governing the movement of
17vehicles and may not be recorded on the driving record of the
18owner of the vehicle, but may be recorded by the municipality
19or county for the purpose of determining if a person is subject
20to the higher fine for a second or subsequent offense.
21    (l) A school bus equipped with an automated traffic law
22enforcement system must be posted with a sign indicating that
23the school bus is being monitored by an automated traffic law
24enforcement system.
25    (m) A municipality or county that has one or more school
26buses equipped with an automated traffic law enforcement system

 

 

09800SB0923sam001- 37 -LRB098 05193 MLW 44163 a

1must provide notice to drivers by posting a list of school
2districts using school buses equipped with an automated traffic
3law system on the municipality or county website. School
4districts that have one or more school buses equipped with an
5automated traffic law enforcement system must provide notice to
6drivers by posting that information on their websites.
7    (n) A municipality or county operating an automated traffic
8law enforcement system shall conduct a statistical analysis to
9assess the safety impact in each school district using school
10buses equipped with an automated traffic law enforcement system
11following installation of the system. The statistical analysis
12shall be based upon the best available crash, traffic, and
13other data, and shall cover a period of time before and after
14installation of the system sufficient to provide a
15statistically valid comparison of safety impact. The
16statistical analysis shall be consistent with professional
17judgment and acceptable industry practice. The statistical
18analysis also shall be consistent with the data required for
19valid comparisons of before and after conditions and shall be
20conducted within a reasonable period following the
21installation of the automated traffic law enforcement system.
22The statistical analysis required by this subsection shall be
23made available to the public and shall be published on the
24website of the municipality or county. If the statistical
25analysis for the 36 month period following installation of the
26system indicates that there has been an increase in the rate of

 

 

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1accidents at the approach to school buses monitored by the
2system, the municipality or county shall undertake additional
3studies to determine the cause and severity of the accidents,
4and may take any action that it determines is necessary or
5appropriate to reduce the number or severity of the accidents
6involving school buses equipped with an automated traffic law
7enforcement system.
8    (o) The compensation paid for an automated traffic law
9enforcement system must be based on the value of the equipment
10or the services provided and may not be based on the number of
11traffic citations issued or the revenue generated by the
12system.
13    (p) No person who is the lessor of a motor vehicle pursuant
14to a written lease agreement shall be liable for an automated
15speed or traffic law enforcement system violation involving
16such motor vehicle during the period of the lease; provided
17that upon the request of the appropriate authority received
18within 120 days after the violation occurred, the lessor
19provides within 60 days after such receipt the name and address
20of the lessee. The drivers license number of a lessee may be
21subsequently individually requested by the appropriate
22authority if needed for enforcement of this Section.
23    Upon the provision of information by the lessor pursuant to
24this subsection, the county or municipality may issue the
25violation to the lessee of the vehicle in the same manner as it
26would issue a violation to a registered owner of a vehicle

 

 

09800SB0923sam001- 39 -LRB098 05193 MLW 44163 a

1pursuant to this Section, and the lessee may be held liable for
2the violation.
3    (q) A municipality or county shall make a certified report
4to the Secretary of State pursuant to Section 6-306.5 of this
5Code whenever a registered owner of a vehicle has failed to pay
6any fine or penalty due and owing as a result of a combination
7of 5 offenses for automated traffic law or speed enforcement
8system violations.
9    (r) A municipality or county that chooses to implement an
10automated traffic law enforcement system under this Section
11shall do so on a school district by school district basis. Each
12school district shall be responsible for entering into its own
13contract with vendors for the installation, maintenance, and
14operation of its automatic traffic law enforcement system. This
15contract must be approved by the elected school board of that
16district.".