Full Text of SB0691 100th General Assembly
SB0691sam001 100TH GENERAL ASSEMBLY | Sen. David Koehler Filed: 2/16/2017
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| 1 | | AMENDMENT TO SENATE BILL 691
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 691 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The State Police Act is amended by adding | 5 | | Section 7.5 as follows: | 6 | | (20 ILCS 2610/7.5 new) | 7 | | Sec. 7.5. Cadet classes. Beginning July 1, 2018, the | 8 | | Director of State Police, in conjunction with the State Police | 9 | | Merit Board, shall annually appoint between one and 3 cadet | 10 | | classes with a goal of a minimum of 75 cadets per class. The | 11 | | appointments shall continue until the Department's total sworn | 12 | | headcount meets or exceeds 2,500 sworn State Police officers. | 13 | | The headcount goal of the Director shall be to maintain a total | 14 | | minimum headcount of 2,500 sworn State Police officers. | 15 | | Section 10. The Illinois Vehicle Code is amended by |
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| 1 | | changing Sections 3-704 and 11-605.1 as follows:
| 2 | | (625 ILCS 5/3-704) (from Ch. 95 1/2, par. 3-704)
| 3 | | Sec. 3-704. Authority of Secretary of State to suspend or | 4 | | revoke a registration or
certificate of title; authority to | 5 | | suspend or revoke the registration of a
vehicle. | 6 | | (a) The Secretary of State may suspend or revoke the | 7 | | registration of a
vehicle or a certificate of title, | 8 | | registration card, registration sticker,
registration plate, | 9 | | disability parking decal or device,
or any nonresident or other | 10 | | permit in any of the following events:
| 11 | | 1. When the Secretary of State is satisfied that such | 12 | | registration or
that such certificate, card, plate, | 13 | | registration sticker or permit was
fraudulently or
| 14 | | erroneously issued;
| 15 | | 2. When a registered vehicle has been dismantled or | 16 | | wrecked or is not
properly equipped;
| 17 | | 3. When the Secretary of State determines that any | 18 | | required fees have
not been paid to the Secretary of State, | 19 | | to the Illinois Commerce
Commission, or to the Illinois | 20 | | Department of Revenue under the Motor Fuel Tax Law, and the | 21 | | same are not paid upon reasonable notice and demand;
| 22 | | 4. When a registration card, registration plate, | 23 | | registration sticker
or permit is knowingly
displayed upon | 24 | | a vehicle other than the one for which issued;
| 25 | | 5. When the Secretary of State determines that the |
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| 1 | | owner has committed
any offense under this Chapter | 2 | | involving the registration or the
certificate, card, | 3 | | plate, registration sticker or permit to be suspended or
| 4 | | revoked;
| 5 | | 6. When the Secretary of State determines that a | 6 | | vehicle registered
not-for-hire is used or operated | 7 | | for-hire unlawfully, or used or operated
for purposes other | 8 | | than those authorized;
| 9 | | 7. When the Secretary of State determines that an owner | 10 | | of a for-hire
motor vehicle has failed to give proof of | 11 | | financial responsibility as
required by this Act;
| 12 | | 8. When the Secretary determines that the vehicle is | 13 | | not subject to or
eligible for a registration;
| 14 | | 9. When the Secretary determines that the owner of a | 15 | | vehicle registered
under the mileage weight tax option | 16 | | fails to maintain the records specified
by law, or fails to | 17 | | file the reports required by law, or that such vehicle
is | 18 | | not equipped with an operable and operating speedometer or | 19 | | odometer;
| 20 | | 10. When the Secretary of State is so authorized under | 21 | | any other
provision of law;
| 22 | | 11. When the Secretary of State determines that the | 23 | | holder of a disability parking decal or device has | 24 | | committed any offense under Chapter 11
of this Code | 25 | | involving the use of a disability parking decal
or device.
| 26 | | (a-5) The Secretary of State may revoke a certificate of |
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| 1 | | title and registration card and issue a corrected certificate | 2 | | of title and registration card, at no fee to the vehicle owner | 3 | | or lienholder, if there is proof that the vehicle | 4 | | identification number is erroneously shown on the original | 5 | | certificate of title.
| 6 | | (b) The Secretary of State may suspend or revoke the | 7 | | registration of a
vehicle as follows:
| 8 | | 1. When the Secretary of State determines that the | 9 | | owner of a vehicle has
not paid a civil penalty or a | 10 | | settlement agreement arising from the
violation of rules | 11 | | adopted under the Illinois Motor Carrier Safety Law or the
| 12 | | Illinois Hazardous Materials Transportation Act or that a | 13 | | vehicle, regardless
of ownership, was the subject of | 14 | | violations of these rules that resulted in a
civil penalty | 15 | | or settlement agreement which remains unpaid.
| 16 | | 2. When the Secretary of State determines that a | 17 | | vehicle registered for a
gross weight of more than 16,000 | 18 | | pounds within an affected area is not in
compliance with | 19 | | the provisions of Section 13-109.1 of the Illinois Vehicle
| 20 | | Code. | 21 | | 3. When the Secretary of State is notified by the | 22 | | United States Department of Transportation that a vehicle | 23 | | is in violation of the Federal Motor Carrier Safety | 24 | | Regulations, as they are now or hereafter amended, and is | 25 | | prohibited from operating. | 26 | | (c) The Secretary of State may suspend the registration of |
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| 1 | | a
vehicle when a court finds that the vehicle was used in a | 2 | | violation of Section 24-3A of the Criminal Code of 1961 or the | 3 | | Criminal Code of 2012 relating to gunrunning. A suspension of | 4 | | registration under this subsection (c) may be for a period of | 5 | | up to 90 days.
| 6 | | (d) The Secretary of State shall not renew the registration | 7 | | of a
vehicle when the Secretary finds that the registered owner | 8 | | of a vehicle used in violation of the Automated Traffic Control | 9 | | Systems in Highway Construction or Maintenance Zones Act: (1) | 10 | | has failed to pay any penalty due and owing as a result of 3 | 11 | | violations under the Automated Traffic Control Systems in | 12 | | Highway Construction or Maintenance Zones Act; or (2) is more | 13 | | than 30 calendar days in default of a payment plan. The | 14 | | Secretary of State shall adopt rules to implement this | 15 | | subsection (d). | 16 | | (Source: P.A. 97-540, eff. 1-1-12; 97-1150, eff. 1-25-13.)
| 17 | | (625 ILCS 5/11-605.1) | 18 | | Sec. 11-605.1. Special limit while traveling through a | 19 | | highway construction or maintenance speed zone. | 20 | | (a) A person may not operate a motor vehicle in a | 21 | | construction or maintenance speed zone at a speed in excess of | 22 | | the posted speed limit when workers are present.
| 23 | | (a-5) A person may not operate a motor vehicle in a | 24 | | construction or maintenance speed zone at a speed in excess of | 25 | | the posted speed limit when workers are not present. |
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| 1 | | (b) Nothing in this Chapter prohibits the use of electronic | 2 | | speed-detecting devices within 500 feet of signs within a | 3 | | construction or maintenance speed zone as defined by the | 4 | | Automated Traffic Control Systems in Highway Construction or | 5 | | Maintenance Zones Act. A violation incurred by use of | 6 | | electronic speed-detecting devices shall not constitute a | 7 | | first or subsequent violation of this Section for purposes of | 8 | | fines or driver's license suspensions indicating the zone, as | 9 | | defined in this Section, nor shall evidence obtained by use of | 10 | | those devices be inadmissible in any prosecution for speeding, | 11 | | provided the use of the device shall apply only to the | 12 | | enforcement of the speed limit in the construction or | 13 | | maintenance speed zone .
| 14 | | (c) As used in this Section, a "construction or maintenance | 15 | | speed zone" is an area in which the Department, Toll Highway | 16 | | Authority, or local agency has posted signage advising drivers | 17 | | that a construction or maintenance speed zone is being | 18 | | approached, or in which the Department, Authority, or local | 19 | | agency is preparing for construction or maintenance of the | 20 | | road, conducting construction or maintenance of the road, or | 21 | | removing construction or maintenance equipment and materials | 22 | | from the road, and has posted a lower speed limit with a | 23 | | highway construction or maintenance speed zone special speed | 24 | | limit sign after determining that the preexisting established | 25 | | speed limit through a highway construction or maintenance | 26 | | project is greater than is reasonable or safe with respect to |
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| 1 | | the conditions expected to exist in the construction or | 2 | | maintenance speed zone. | 3 | | If it is determined that the preexisting established speed | 4 | | limit is safe with respect to the conditions expected to exist | 5 | | in the construction or maintenance speed zone, additional speed | 6 | | limit signs which conform to the requirements of this | 7 | | subsection (c) shall be posted. | 8 | | Highway construction or maintenance speed zone special | 9 | | speed limit signs shall be of a design approved by the | 10 | | Department. The signs must give proper due warning that a | 11 | | construction or maintenance speed zone is being approached and | 12 | | must indicate the maximum speed limit in effect. The signs also | 13 | | must state the amount of the potential fines minimum fine for a | 14 | | violation or automated violation .
| 15 | | (d) Except as provided under subsection (d-5), a person who | 16 | | violates this Section is guilty of a petty offense. Violations | 17 | | of this Section are punishable with a minimum fine of $250 for | 18 | | the first violation and a minimum fine of $750 for the second | 19 | | or subsequent violation. | 20 | | (d-5) A person committing a violation of this Section is | 21 | | guilty of aggravated special speed limit while traveling | 22 | | through a highway construction or maintenance speed zone when | 23 | | he or she drives a motor vehicle at a speed that is: | 24 | | (1) 26 miles per hour or more but less than 35 miles | 25 | | per hour in excess of the applicable special speed limit | 26 | | established under this Section or a similar provision of a |
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| 1 | | local ordinance and is guilty of a Class B misdemeanor; or | 2 | | (2) 35 miles per hour or more in excess of the | 3 | | applicable special speed limit established under this | 4 | | Section or a similar provision of a local ordinance and is | 5 | | guilty of a Class A misdemeanor. | 6 | | (e) If a fine for a violation of this Section is $250 or | 7 | | greater, the person who violated this Section shall be charged | 8 | | an additional $125, which shall be deposited into the | 9 | | Transportation Safety Highway Hire-back Fund in the State | 10 | | treasury, unless (i) the violation occurred on a highway other | 11 | | than an interstate highway and (ii) a county police officer | 12 | | wrote the ticket for the violation, in which case the $125 | 13 | | shall be deposited into that county's Transportation Safety | 14 | | Highway Hire-back Fund. In the case of a second or subsequent | 15 | | violation of this Section, if the fine is $750 or greater, the | 16 | | person who violated this Section shall be charged an additional | 17 | | $250, which shall be deposited into the Transportation Safety | 18 | | Highway Hire-back Fund in the State treasury, unless (i) the | 19 | | violation occurred on a highway other than an interstate | 20 | | highway and (ii) a county police officer wrote the ticket for | 21 | | the violation, in which case the $250 shall be deposited into | 22 | | that county's Transportation Safety Highway Hire-back Fund.
| 23 | | (e-5) The Department of State Police and the local county | 24 | | police department have concurrent jurisdiction over any | 25 | | violation of this Section that occurs on an interstate highway.
| 26 | | (f) The Transportation Safety Highway Hire-back Fund, |
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| 1 | | which was created by Public Act 92-619, shall continue to be a | 2 | | special fund in the State treasury. Subject to appropriation by | 3 | | the General Assembly and approval by the Secretary, the | 4 | | Secretary of Transportation shall use all moneys in the | 5 | | Transportation Safety Highway Hire-back Fund to hire off-duty | 6 | | Department of State Police officers to monitor construction or | 7 | | maintenance zones , and to provide additional policing as | 8 | | determined by the Director of State Police, in coordination | 9 | | with the Secretary of Transportation, including State Police | 10 | | cadet training . | 11 | | (f-5) Each county shall create a Transportation Safety | 12 | | Highway Hire-back Fund. The county shall use the moneys in its | 13 | | Transportation Safety Highway Hire-back Fund to hire off-duty | 14 | | county police officers to monitor construction or maintenance | 15 | | zones in that county on highways other than interstate | 16 | | highways , and to provide additional policing as determined by | 17 | | the sheriff . The county, in its discretion, may also use a | 18 | | portion of the moneys in its Transportation Safety Highway | 19 | | Hire-back Fund to purchase equipment for county law enforcement | 20 | | and fund the production of materials to educate drivers on | 21 | | construction zone safe driving habits.
| 22 | | (f-10) Each local agency operating an automated control | 23 | | system under the Automated Traffic Control Systems in Highway | 24 | | Construction or Maintenance Zones Act may create a | 25 | | Transportation Safety Highway Hire-back Fund to hire off-duty | 26 | | law enforcement officers to monitor construction or |
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| 1 | | maintenance zones within that agency's jurisdiction and | 2 | | provide additional policing within that agency's jurisdiction. | 3 | | (g) For a second or subsequent violation of this Section | 4 | | within 2 years of the date of the previous violation, the | 5 | | Secretary of State shall suspend the driver's license of the | 6 | | violator for a period of 90 days.
This suspension shall only be
| 7 | | imposed if the current violation of this Section and at least | 8 | | one prior violation of this Section
occurred during a period | 9 | | when workers were present in the
construction or maintenance | 10 | | zone.
| 11 | | (Source: P.A. 98-337, eff. 1-1-14; 99-212, eff. 1-1-16; 99-280, | 12 | | eff. 1-1-16; 99-642, eff. 7-28-16.) | 13 | | Section 15. The Automated Traffic Control Systems in | 14 | | Highway Construction or Maintenance Zones Act is amended by | 15 | | changing Sections 10, 15, 20, 25, 30, 35, and 40 as follows: | 16 | | (625 ILCS 7/10)
| 17 | | Sec. 10. Establishment of automated traffic control | 18 | | systems.
The Department of State Police or local agency with | 19 | | jurisdiction may establish and enforce an automated traffic | 20 | | control system in any construction or maintenance zone | 21 | | established by the Department of Transportation , or the | 22 | | Illinois State Toll Highway Authority , or a local agency with | 23 | | jurisdiction . The Department of State Police may enforce an | 24 | | automated traffic control system in any construction or |
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| 1 | | maintenance zone established by a local agency with | 2 | | jurisdiction. The Department of State Police shall cease | 3 | | automated enforcement operations if the municipal chief of | 4 | | police with jurisdiction makes a written request to the | 5 | | Department of State Police. The Department of State Police | 6 | | shall cease automated enforcement operations in any | 7 | | unincorporated area of the county if the county sheriff with | 8 | | jurisdiction makes a written request to the Department of State | 9 | | Police. The Department of State Police or local agency shall | 10 | | operate a technically advanced system in terms of image or | 11 | | video recording capabilities in combination with vehicle | 12 | | detection sensors. No automated traffic control system shall be | 13 | | established or operated under this Section unless approved by | 14 | | the Secretary of Transportation. The Department of State Police | 15 | | and the Department of Transportation shall create rules for the | 16 | | establishment, compatibility, operation, transmission of data, | 17 | | and enforcement of an automated traffic control system under | 18 | | this Act. The Department of State Police shall review and send | 19 | | notice of any violation of this Act. The Department of State | 20 | | Police shall be responsible for entering into contracts with | 21 | | vendors for the establishment, maintenance, and operation of | 22 | | the automated traffic control system. All contracts shall be | 23 | | paid from the penalties collected under this Act before any | 24 | | other funds are distributed. A local agency with jurisdiction | 25 | | seeking to utilize an automated traffic control system shall | 26 | | enter into an intergovernmental agreement with the Department |
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| 1 | | of State Police to sub-lease the equipment. The Department of | 2 | | State Police shall review all the evidence of potential | 3 | | violations, make violation determinations, and send out all | 4 | | notices of violations. An automated traffic control system may | 5 | | operate only during those periods when workers are present in | 6 | | the construction or maintenance zone. In any prosecution based | 7 | | upon evidence obtained through an automated traffic control | 8 | | system established under this Act, the State must prove that | 9 | | one or more workers were present in the construction or | 10 | | maintenance zone when the violation occurred.
| 11 | | (Source: P.A. 93-947, eff. 8-19-04; 94-757, eff. 5-12-06; | 12 | | 94-814, eff. 1-1-07.) | 13 | | (625 ILCS 7/15)
| 14 | | Sec. 15. Definitions. As used in this Act: | 15 | | (a) "Automated traffic control system" means any system | 16 | | with image or video recording capabilities in combination with | 17 | | vehicle detection sensors that accurately measures a vehicle's | 18 | | speed while recording a clear image or video of the vehicle and | 19 | | the vehicle's front and rear registration plates while the | 20 | | driver is violating Section 20 of this Act. Each system shall | 21 | | also attempt to capture the image of the face of the driver to | 22 | | assist the owners of the vehicle in identifying the person | 23 | | driving the vehicle at the time of the violation. The image of | 24 | | the face of the driver is not necessary for the issuance of a | 25 | | Notice of Violation under Section 30 of this Act. a |
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| 1 | | photographic device, radar device, laser device, or other | 2 | | electrical or mechanical device or devices designed to record | 3 | | the speed of a vehicle and obtain a clear photograph or other | 4 | | recorded image of the vehicle, the vehicle operator, and the | 5 | | vehicle's registration plate while the driver is violating | 6 | | Section 11-605.1 of the Illinois Vehicle Code. The photograph | 7 | | or other recorded image must also display the time, date, and | 8 | | location of the violation. A law enforcement officer is not | 9 | | required to be present or to witness the violation. | 10 | | (b) "Construction or maintenance zone" means an area in | 11 | | which the Department of Transportation , or the Illinois State | 12 | | Toll Highway Authority , or local agency with jurisdiction is | 13 | | preparing for construction or maintenance of the road, | 14 | | conducting construction or maintenance of the road, or removing | 15 | | construction or maintenance equipment and materials from the | 16 | | road, and has determined that the preexisting established speed | 17 | | limit through a highway construction or maintenance project is | 18 | | greater than is reasonable or safe with
respect to the | 19 | | conditions expected to exist in the construction or maintenance
| 20 | | zone and has posted a lower speed limit with a highway | 21 | | construction or maintenance zone special speed limit sign in | 22 | | accordance with Section 11-605.1 of the Illinois Vehicle Code. | 23 | | Unless a road or highway remains in an unsafe or hazardous | 24 | | condition, including, but not limited to, lane closures, | 25 | | traffic alterations, or other alterations impacting normal | 26 | | driving conditions, no automated enforcement shall occur in a |
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| 1 | | construction or maintenance zone if construction work has not | 2 | | occurred in the previous 48 hours or more. | 3 | | "Local agency with jurisdiction" means the municipality or | 4 | | county establishing a construction or maintenance zone under | 5 | | this Act. Local agency enforcement is limited to all or any | 6 | | portion of a State highway or road where speed limits exceed 45 | 7 | | miles per hour before establishment of a construction or | 8 | | maintenance zone. Local agency enforcement for a county is | 9 | | limited to an unincorporated area of the county. | 10 | | (c) "Owner" means the person or entity to whom the vehicle | 11 | | is registered.
| 12 | | (Source: P.A. 93-947, eff. 8-19-04.) | 13 | | (625 ILCS 7/20)
| 14 | | Sec. 20. Civil violation; penalties; vehicle registration | 15 | | non-renewal Penalties . | 16 | | (a) A motor vehicle may not operate in a construction or | 17 | | maintenance zone at a speed in excess of the posted speed | 18 | | limit. The registered owner of a motor vehicle operated in | 19 | | violation of this Section when the violation is recorded by an | 20 | | automated traffic control system shall be subject to the | 21 | | following penalties: | 22 | | (1) if the recorded speed is less than 10 miles per | 23 | | hour over the posted speed limit, a civil penalty may not | 24 | | be imposed under this Act; however, the Department of State | 25 | | Police may send a speed violation warning notice to the |
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| 1 | | registered owner of the vehicle, in the same manner that a | 2 | | Notice of Violation is sent under this Act; | 3 | | (2) if the recorded speed is at least 10 miles per hour | 4 | | but less than 20 miles per hour over the posted speed | 5 | | limit, a civil penalty of $50 is imposed, and if the | 6 | | penalty is not paid in a timely manner an additional | 7 | | penalty of $50 is imposed; or | 8 | | (3) if the recorded speed is 20 miles per
hour or more | 9 | | over the posted speed limit, a civil penalty of $100 is | 10 | | imposed, and if the penalty is not paid in a timely manner | 11 | | an additional penalty of $100 is imposed. | 12 | | (b) A violation of this Section is a civil penalty, and not | 13 | | a violation of a traffic regulation governing the movement of | 14 | | vehicles and may not be recorded on the driving record of the | 15 | | owner of the vehicle. | 16 | | (c) In addition to the penalties imposed under this | 17 | | Section, the Secretary of State shall not renew the vehicle | 18 | | registration of the registered owner of a vehicle operated in | 19 | | violation of this Section, if the owner: (1) has failed to pay | 20 | | any penalty due and owing as a result of 3 violations of this | 21 | | Section; or (2) is more than 30 calendar days in default of a | 22 | | payment plan. The Secretary of State shall adopt rules to | 23 | | implement this Section. | 24 | | (d) Forty percent of the penalties collected under an | 25 | | automated traffic control system established by a local agency | 26 | | that enters into an intergovernmental agreement with the |
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| 1 | | Department of State Police shall be deposited as follows: 20% | 2 | | into the Traffic and Criminal Conviction Surcharge Fund for use | 3 | | in law enforcement training and 20% into the State Police | 4 | | Operations Assistance Fund. | 5 | | (d-5) Forty percent of the penalties collected under an | 6 | | automated traffic control system established by the Department | 7 | | of State Police, the Department of Transportation, or the | 8 | | Illinois State Toll Highway Authority, shall be deposited into | 9 | | the State Police Merit Board Public Safety Fund for | 10 | | distribution under Section 7.2 of the State Police Act. | 11 | | (e) Ten percent of the penalties collected under an | 12 | | automated traffic control system established by the Department | 13 | | of State Police, the Department of Transportation, or the | 14 | | Illinois State Toll Highway Authority, shall be deposited into | 15 | | the State Transportation Safety Highway Hire-back Fund. All | 16 | | moneys deposited into the State Transportation Safety Highway | 17 | | Hire-back Fund from funds collected under an automated traffic | 18 | | control system established by the Illinois State Toll Highway | 19 | | Authority shall be used exclusively for policing expenditures | 20 | | on State tollways. Ten percent of the penalties collected under | 21 | | an automated traffic control system established by a local | 22 | | agency with jurisdiction shall be deposited as follows: 5% into | 23 | | the Transportation Safety Highway Hire-back Fund of the local | 24 | | agency with jurisdiction, if a fund exists, and 5% into the | 25 | | State Transportation Safety Highway Hire-back Fund. If the | 26 | | local agency with jurisdiction does not have a Transportation |
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| 1 | | Safety Highway Hire-back Fund, then 10% of the penalties | 2 | | collected under an automated traffic control system | 3 | | established by a local agency with jurisdiction shall be | 4 | | deposited into the State Transportation Safety Highway | 5 | | Hire-back Fund. The funds deposited into the State | 6 | | Transportation Safety Highway Hire-back Fund or the | 7 | | Transportation Safety Highway Hire-back Fund of the local | 8 | | agency with jurisdiction under this subsection (e) shall be | 9 | | used to hire off-duty Department of State Police or local | 10 | | agency officers to monitor construction or maintenance zones | 11 | | and provide for additional policing. The Department of State | 12 | | Police may recover, and deposit into the State Police | 13 | | Operations Assistance Fund, enforcement and administrative | 14 | | costs from enforcement penalties collected under this Act, but | 15 | | the amount collected shall not exceed 20% of the total | 16 | | penalties collected under this Act. A local agency with | 17 | | jurisdiction may establish a Safety Highway Hire-back Fund to | 18 | | receive revenues under this Section. The Department of State | 19 | | Police shall adopt rules to implement this subsection (e). | 20 | | (e-5) Twenty percent of the penalties collected under an | 21 | | automated traffic control system shall be deposited into the | 22 | | Road Fund and used exclusively for driver education or work | 23 | | zone safety awareness; or into the State Transportation | 24 | | Hire-back Fund and used exclusively for roads and highways | 25 | | under the jurisdiction of the Department of Transportation. | 26 | | (f) The Department of State Police and the Department of |
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| 1 | | Transportation shall jointly conduct an annual statistical | 2 | | analysis to assess the safety impact of the system. The | 3 | | statistical analysis shall be based upon the best available | 4 | | crash, traffic, and other data, and shall cover a period of | 5 | | time before and after the installation of the system sufficient | 6 | | to provide a statistically valid comparison of the safety | 7 | | impact. The statistical analysis required by this subsection | 8 | | (f) shall be made available to the public and shall be | 9 | | published on the websites of the Department of State Police and | 10 | | the Department of Transportation. | 11 | | (g) The Secretary of State and Department of State Police | 12 | | shall adopt rules for collection of penalties, conduct of | 13 | | administrative proceedings, and other rules necessary to | 14 | | implement this Act. The rules adopted must allow for a 60-day | 15 | | period to pay a penalty or challenge each attested Notice of | 16 | | Violation. | 17 | | The penalties for and consequences of a traffic violation | 18 | | recorded by an automated traffic control system are the same as | 19 | | for any similar violation of the Illinois Vehicle Code.
| 20 | | (Source: P.A. 93-947, eff. 8-19-04.) | 21 | | (625 ILCS 7/25)
| 22 | | Sec. 25. Limitations on the use of automated traffic | 23 | | control enforcement systems. | 24 | | (a) The Department of State Police or local agency with | 25 | | jurisdiction must conduct a public information campaign to |
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| 1 | | inform drivers about the use of automated traffic
control | 2 | | systems in highway construction or maintenance zones , | 3 | | including but not limited to speed restrictions under Sections | 4 | | 11-601.5 and 11-605.1 of the Illinois Vehicle Code and | 5 | | penalties for injuring or killing a worker in a highway | 6 | | construction or maintenance zone under Section 11-908 of the | 7 | | Illinois Vehicle Code before establishing any of those systems. | 8 | | The Department of State Police shall adopt rules for | 9 | | implementing this subsection (a). | 10 | | (b) Signs indicating that speeds are enforced by automated | 11 | | traffic control systems must be clearly and conspicuously | 12 | | posted not more than 500 feet before a construction or | 13 | | maintenance zone and not more than 500 feet before an automated | 14 | | traffic control system. Signs indicating the end of a | 15 | | construction or maintenance zone utilizing an automated | 16 | | traffic control system must be clearly and conspicuously posted | 17 | | in the areas where the systems are in use . | 18 | | (c) Operation of automated traffic control systems is | 19 | | limited to established areas where road construction or | 20 | | maintenance zones is occurring . | 21 | | (d) Photographs or other recorded images obtained in this | 22 | | manner may only be used as evidence in relation to a violation | 23 | | of this Act or Section 11-605.1 of the Illinois Vehicle Code | 24 | | for which the photograph is taken . For the purposes of this | 25 | | Act, the The photographs or other recorded images are available | 26 | | only to the owner of the vehicle, the driver of the vehicle, |
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| 1 | | the lessee of the vehicle, the offender and the offender's | 2 | | attorney of the owner or driver or lessee , hearing officer, | 3 | | relevant Secretary of State personnel the judiciary, the local | 4 | | State's Attorney , and law enforcement officials. | 5 | | (e) (Blank). If the driver of the vehicle cannot be | 6 | | identified through the photograph, the owner is not liable for | 7 | | the fine, and the citation may not be counted against the | 8 | | driving record of the owner. If the driver can be identified, | 9 | | the driver is liable for the fine, and the violation is counted | 10 | | against his or her driving record.
| 11 | | (Source: P.A. 93-947, eff. 8-19-04.) | 12 | | (625 ILCS 7/30)
| 13 | | Sec. 30. Requirements for issuance of a Notice of Violation | 14 | | citation . | 15 | | (a) The vehicle, vehicle operator, vehicle registration | 16 | | plate, speed, date, time, and location must be clearly visible | 17 | | on the photograph or other recorded image of the alleged | 18 | | violation. The Department of State Police must review and | 19 | | approve the photograph or other recorded image for compliance | 20 | | with this subsection. The Department of State Police shall | 21 | | adopt rules for: (1) coordination of enforcement efforts with | 22 | | State agencies, local agencies with jurisdiction, and the | 23 | | Secretary of State; (2) notices to motorists; and (3) review | 24 | | and approval of photographs or other recorded images from | 25 | | automated traffic control systems established by the |
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| 1 | | Department or a local agency with jurisdiction. The rules may | 2 | | provide that the review and approval of the photograph or other | 3 | | recorded image under this subsection may be conducted by a | 4 | | Department employee other than a sworn law enforcement officer. | 5 | | (b) A Notice of Violation Uniform Traffic Citation must be | 6 | | mailed by first class United States mail with postage prepaid | 7 | | or otherwise delivered to the registered owner of the vehicle . | 8 | | If mailed, the citation must be sent via certified mail within | 9 | | 14
business days of the alleged violation , return receipt | 10 | | requested . | 11 | | (c) The Notice of Violation Uniform Traffic Citation must | 12 | | include: | 13 | | (1) the name and address of the vehicle owner; | 14 | | (2) the registration number of the vehicle; | 15 | | (3) the violation offense charged; | 16 | | (4) the time, date, and location of the violation; | 17 | | (5) (blank) the first available court date ; and
| 18 | | (6) notice that the basis of the violation citation is | 19 | | the photograph or recorded image from the automated traffic | 20 | | control system ; . | 21 | | (7) a copy of the recorded image or images and a | 22 | | statement that the violation occurred in a construction or | 23 | | maintenance zone, as defined by Section 15 of this Act; | 24 | | (8) the amount of the civil penalty imposed and the | 25 | | date by which the civil penalty should be paid; | 26 | | (9) a statement that recorded images are evidence of a |
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| 1 | | violation of a speed restriction; | 2 | | (10) a warning that failure to pay the civil penalty in | 3 | | a timely manner is an admission of liability and may result | 4 | | in the non-renewal of the vehicle registration of the owner | 5 | | of the vehicle; | 6 | | (11) a statement that the person may elect to proceed | 7 | | by: | 8 | | (A) paying the fine; | 9 | | (B) challenging the charge by mail or by | 10 | | administrative hearing; or | 11 | | (C) challenging the charge by any administrative | 12 | | rule adopted by the Secretary of State under this Act; | 13 | | and | 14 | | (12) a website address where the owner may view the | 15 | | recorded images of the violation. | 16 | | (d) The Notice of Violation Uniform Traffic Citation issued | 17 | | to the owner violator must be a single sheet. accompanied by a | 18 | | written document that lists the violator's rights and | 19 | | obligations and explains how the violator can elect to proceed | 20 | | by either paying the fine or challenging the issuance of the | 21 | | The written document must also include on the backside of the | 22 | | sheet information on penalties for injuring or killing a worker | 23 | | in a highway construction or maintenance zone Uniform Traffic | 24 | | Citation .
| 25 | | (Source: P.A. 93-947, eff. 8-19-04; 94-757, eff. 5-12-06; | 26 | | 94-814, eff. 1-1-07.) |
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| 1 | | (625 ILCS 7/35)
| 2 | | Sec. 35. Response to issuance of a Notice of Violation | 3 | | citation . | 4 | | (a) If a A person issued a Notice of Violation citation | 5 | | under this Act (1) has failed to pay any penalty due and owing | 6 | | as a result of 3 violations under the Automated Traffic Control | 7 | | Systems in Highway Construction or Maintenance Zones Act; or | 8 | | (2) is more than 30 calendar days in default of a payment plan, | 9 | | the Secretary of State shall not renew the registration of the | 10 | | owner of the vehicle. The Secretary of State shall adopt rules | 11 | | to implement this Section may respond to the citation in person | 12 | | or by any method allowed by law . | 13 | | (b) (Blank). If the driver of the vehicle cannot be | 14 | | identified through the photograph or other recorded image, the | 15 | | owner is not liable for the fine.
| 16 | | (c) The Secretary of State shall establish an | 17 | | administrative process to carry out this Section and shall | 18 | | adopt rules to allow for coordination with the Department of | 19 | | State Police, other State agencies, and local agencies with | 20 | | jurisdiction to enforce this Section. The rules adopted shall | 21 | | not allow for less than 60 days for a vehicle owner to either | 22 | | pay the violation or challenge the violation by mail, | 23 | | administrative hearing, or any other procedure established by | 24 | | rule. The rules shall provide a process by which a vehicle | 25 | | owner may transfer liability for a violation under this Act to |
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| 1 | | the driver of the owner's vehicle and a process by which a | 2 | | lessor may transfer liability for a violation under this Act to | 3 | | the lessee of the lessor's vehicle. The Secretary of State may | 4 | | recover the costs of conducting administrative hearings from | 5 | | penalties collected under this Act, which may not exceed 10% of | 6 | | the total penalties collected under this Act. | 7 | | (d) In an administrative proceeding challenging the | 8 | | violation, the hearing officer may consider in defense of a | 9 | | violation: | 10 | | (1) that the motor vehicle or registration plate of
the | 11 | | motor vehicle were stolen before the violation occurred and | 12 | | were not under the control of or in the possession of the | 13 | | owner at the time of the violation; | 14 | | (2) that the driver or owner of the motor vehicle | 15 | | received a Uniform Traffic Citation from a law enforcement | 16 | | officer for a speed violation occurring within one-eighth | 17 | | of a mile and within 15 minutes of the violation recorded | 18 | | by the automated traffic control system; | 19 | | (3) that the owner or lessor of the vehicle has | 20 | | transferred liability to the driver; | 21 | | (4) that clear and conspicuous signs were not displayed | 22 | | at the construction or maintenance zone; | 23 | | (5) that the Department of Transportation, Illinois | 24 | | State Toll Highway Authority, or local agency with | 25 | | jurisdiction did not properly establish a construction or | 26 | | maintenance zone as defined under Section 15 of this Act; |
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| 1 | | or | 2 | | (6) any other evidence or issues allowed by | 3 | | administrative rule adopted under this Act. | 4 | | (Source: P.A. 93-947, eff. 8-19-04.) | 5 | | (625 ILCS 7/40)
| 6 | | Sec. 40. Admissibility of recorded images. Any Except as | 7 | | provided in Section 45, any photograph or other recorded image | 8 | | evidencing a violation of this Act or Section 11-605.1 of the | 9 | | Illinois Vehicle Code is admissible in any proceeding resulting | 10 | | from the issuance of the Notice of Violation under this Act or | 11 | | Uniform Traffic Citation under Section 11-605.1 of the Illinois | 12 | | Vehicle Code . For the purposes of this Act, photographs | 13 | | Photographs or other recorded images made by an automated | 14 | | automatic traffic control system are confidential and shall be | 15 | | made available only to those persons provided for under | 16 | | subsection (d) of Section 25 of this Act the defendant and to | 17 | | governmental or law enforcement agencies within the | 18 | | jurisdiction for the purposes of adjudicating a driving | 19 | | violation.
| 20 | | (Source: P.A. 93-947, eff. 8-19-04.) | 21 | | (625 ILCS 7/45 rep.) | 22 | | Section 25. The Automated Traffic Control Systems in | 23 | | Highway Construction or Maintenance Zones Act is amended by | 24 | | repealing Section 45.
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| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law.".
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