Full Text of HB6085 99th General Assembly
HB6085 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB6085 Introduced 2/11/2016, by Rep. Stephanie A. Kifowit SYNOPSIS AS INTRODUCED: |
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Amends the Illinois Vehicle Code. Allows counties with a population of less than 3,000,000 and municipalities of 1,000,000 or less inhabitants to establish
automated speed enforcement systems in safety zones. Defines the term,
"safety zone". Provides that the net proceeds from civil penalties imposed under an automated speed enforcement system shall be divided equally between the municipality or county and the school district in which the automated speed enforcement system is located. Provides that municipalities with less than 1,000,000 inhabitants and counties with less than 3,000,000 inhabitants may not use automated traffic law enforcement systems within a school safety zone without the consent of the school board for that school district. Requires that the municipality or county shall be responsible for entering into contracts with vendors for the installation, maintenance, and operation of the automated speed enforcement system, as well as be responsible for enforcement of the automated speed enforcement system.
Makes conforming changes.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Vehicle Code is amended by changing | 5 | | Section 11-208.8 as follows: | 6 | | (625 ILCS 5/11-208.8) | 7 | | Sec. 11-208.8. Automated speed enforcement systems in | 8 | | safety zones. | 9 | | (a) As used in this Section: | 10 | | "Automated speed enforcement
system" means a photographic | 11 | | device, radar device, laser device, or other electrical or | 12 | | mechanical device or devices installed or utilized in a safety | 13 | | zone and designed to record the speed of a vehicle and obtain a | 14 | | clear photograph or other recorded image of the vehicle and the | 15 | | vehicle's registration plate while the driver is violating | 16 | | Article VI of Chapter 11 of this Code or a similar provision of | 17 | | a local ordinance. | 18 | | An automated speed enforcement system is a system, located | 19 | | in a safety zone which is under the jurisdiction of a | 20 | | municipality or county , that produces a recorded image of a | 21 | | motor vehicle's violation of a provision of this Code or a | 22 | | local ordinance and is designed to obtain a clear recorded | 23 | | image of the vehicle and the vehicle's license plate. The |
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| 1 | | recorded image must also display the time, date, and location | 2 | | of the violation. | 3 | | "Owner" means the person or entity to whom the vehicle is | 4 | | registered. | 5 | | "Recorded image" means images
recorded by an automated | 6 | | speed enforcement system on: | 7 | | (1) 2 or more photographs; | 8 | | (2) 2 or more microphotographs; | 9 | | (3) 2 or more electronic images; or | 10 | | (4) a video recording showing the motor vehicle and, on | 11 | | at
least one image or portion of the recording, clearly | 12 | | identifying the
registration plate number of the motor | 13 | | vehicle. | 14 | | "Safety zone" means an area that is within one-eighth of a | 15 | | mile from the nearest property line of any public or private | 16 | | elementary or secondary school, or from the nearest property | 17 | | line of any facility, area, or land owned by a school district | 18 | | that is used for educational purposes approved by the Illinois | 19 | | State Board of Education, not including school district | 20 | | headquarters or administrative buildings. In municipalities | 21 | | with less than 1,000,000 inhabitants and in counties with less | 22 | | than 3,000,000 inhabitants the term "safety zone" shall not | 23 | | include property owned by a park district or roadways adjacent | 24 | | to property owned by a park district unless that property or | 25 | | roadway is also adjacent to property owned by a school district | 26 | | that is used for educational purposes approved by the State |
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| 1 | | Board of Education, not including school district headquarters | 2 | | or administrative buildings. In municipalities with 1,000,000 | 3 | | or more inhabitants and counties with 3,000,000 or more | 4 | | inhabitants a A safety zone also includes an area that is | 5 | | within one-eighth of a mile from the nearest property line of | 6 | | any facility, area, or land owned by a park district used for | 7 | | recreational purposes. However, if any portion of a roadway is | 8 | | within either one-eighth mile radius, the safety zone also | 9 | | shall include the roadway extended to the furthest portion of | 10 | | the next furthest intersection. In municipalities with a | 11 | | population of 1,000,000 or more inhabitants the The term | 12 | | "safety zone" does not include any portion of the roadway known | 13 | | as Lake Shore Drive or any controlled access highway with 8 or | 14 | | more lanes of traffic. | 15 | | (a-5) The automated speed enforcement system shall be | 16 | | operational and violations shall be recorded only at the | 17 | | following times: | 18 | | (i) if the safety zone is based upon the property line | 19 | | of any facility, area, or land owned by a school district, | 20 | | only on school days and no earlier than 6 a.m. and no later | 21 | | than 8:30 p.m. if the school day is during the period of | 22 | | Monday through Thursday, or 9 p.m. if the school day is a | 23 | | Friday; and | 24 | | (ii) if the safety zone is based upon the property line | 25 | | of any facility, area, or land owned by a park district, no | 26 | | earlier than one hour prior to the time that the facility, |
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| 1 | | area, or land is open to the public or other patrons, and | 2 | | no later than one hour after the facility, area, or land is | 3 | | closed to the public or other patrons. | 4 | | (b) A municipality or county that
produces a recorded image | 5 | | of a motor vehicle's
violation of a provision of this Code or a | 6 | | local ordinance must make the recorded images of a violation | 7 | | accessible to the alleged violator by providing the alleged | 8 | | violator with a website address, accessible through the | 9 | | Internet. | 10 | | (c) Notwithstanding any penalties for any other violations | 11 | | of this Code, the owner of a motor vehicle used in a traffic | 12 | | violation recorded by an automated speed enforcement system | 13 | | shall be subject to the following penalties: | 14 | | (1) if the recorded speed is no less than 6 miles per | 15 | | hour and no more than 10 miles per hour over the legal | 16 | | speed limit, a civil penalty not exceeding $50, plus an | 17 | | additional penalty of not more than $50 for failure to pay | 18 | | the original penalty in a timely manner; or | 19 | | (2) if the recorded speed is more than 10 miles per | 20 | | hour over the legal speed limit, a civil penalty not | 21 | | exceeding $100, plus an additional penalty of not more than | 22 | | $100 for failure to pay the original penalty in a timely | 23 | | manner. | 24 | | A penalty may not be imposed under this Section if the | 25 | | driver of the motor vehicle received a Uniform Traffic Citation | 26 | | from a police officer for a speeding violation occurring within |
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| 1 | | one-eighth of a mile and 15 minutes of the violation that was | 2 | | recorded by the system. A violation for which a civil penalty | 3 | | is imposed
under this Section is not a violation of a traffic | 4 | | regulation governing
the movement of vehicles and may not be | 5 | | recorded on the driving record
of the owner of the vehicle. A | 6 | | law enforcement officer is not required to be present or to | 7 | | witness the violation. No penalty may be imposed under this | 8 | | Section if the recorded speed of a vehicle is 5 miles per hour | 9 | | or less over the legal speed limit. The municipality or county | 10 | | may send, in the same manner that notices are sent under this | 11 | | Section, a speed violation warning notice where the violation | 12 | | involves a speed of 5 miles per hour or less above the legal | 13 | | speed limit. | 14 | | (d) The net proceeds that a municipality receives from | 15 | | civil penalties imposed under an automated speed enforcement | 16 | | system, after deducting all non-personnel and personnel costs | 17 | | associated with the operation and maintenance of such system, | 18 | | shall be divided equally between the municipality or county and | 19 | | the school district in which the automated speed enforcement | 20 | | system is located. The net proceeds shall be expended or | 21 | | obligated by the municipality , county, or school district for | 22 | | the following purposes: | 23 | | (i) public safety initiatives to ensure safe passage | 24 | | around schools, and to provide police protection and | 25 | | surveillance around schools and parks, including but not | 26 | | limited to:
(1) personnel costs; and
(2) non-personnel |
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| 1 | | costs such as construction and maintenance of public safety | 2 | | infrastructure and equipment; | 3 | | (ii) initiatives to improve pedestrian and traffic | 4 | | safety; | 5 | | (iii) construction and maintenance of infrastructure | 6 | | within the municipality or county , including but not | 7 | | limited to roads and bridges; and | 8 | | (iv) after school programs. | 9 | | (e) For each violation of a provision of this Code or a | 10 | | local ordinance
recorded by an automated speed enforcement | 11 | | system, the municipality or county having
jurisdiction shall | 12 | | issue a written notice of the
violation to the registered owner | 13 | | of the vehicle as the alleged
violator. The notice shall be | 14 | | delivered to the registered
owner of the vehicle, by mail, | 15 | | within 30 days after the Secretary of State notifies the | 16 | | municipality or county of the identity of the owner of the | 17 | | vehicle, but in no event later than 90 days after the | 18 | | violation. | 19 | | (f) The notice required under subsection (e) of this | 20 | | Section shall include: | 21 | | (1) the name and address of the registered owner of the
| 22 | | vehicle; | 23 | | (2) the registration number of the motor vehicle
| 24 | | involved in the violation; | 25 | | (3) the violation charged; | 26 | | (4) the date, time, and location where the violation |
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| 1 | | occurred; | 2 | | (5) a copy of the recorded image or images; | 3 | | (6) the amount of the civil penalty imposed and the | 4 | | date
by which the civil penalty should be paid; | 5 | | (7) a statement that recorded images are evidence of a
| 6 | | violation of a speed restriction; | 7 | | (8) a warning that failure to pay the civil penalty or | 8 | | to
contest liability in a timely manner is an admission of
| 9 | | liability and may result in a suspension of the driving
| 10 | | privileges of the registered owner of the vehicle; | 11 | | (9) a statement that the person may elect to proceed | 12 | | by: | 13 | | (A) paying the fine; or | 14 | | (B) challenging the charge in court, by mail, or by | 15 | | administrative hearing; and | 16 | | (10) a website address, accessible through the
| 17 | | Internet, where the person may view the recorded images of | 18 | | the violation. | 19 | | (g) If a person
charged with a traffic violation, as a | 20 | | result of an automated speed enforcement system, does not pay | 21 | | the fine or successfully contest the civil
penalty resulting | 22 | | from that violation, the Secretary of State shall suspend the
| 23 | | driving privileges of the
registered owner of the vehicle under | 24 | | Section 6-306.5 of this Code for failing
to pay any fine or | 25 | | penalty
due and owing, or both, as a result of a combination of | 26 | | 5 violations of the automated speed enforcement system or the |
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| 1 | | automated traffic law under Section 11-208.6 of this Code. | 2 | | (h) Based on inspection of recorded images produced by an
| 3 | | automated speed enforcement system, a notice alleging that the | 4 | | violation occurred shall be evidence of the facts contained
in | 5 | | the notice and admissible in any proceeding alleging a
| 6 | | violation under this Section. | 7 | | (i) Recorded images made by an automated speed
enforcement | 8 | | system are confidential and shall be made
available only to the | 9 | | alleged violator and governmental and
law enforcement agencies | 10 | | for purposes of adjudicating a
violation of this Section, for | 11 | | statistical purposes, or for other governmental purposes. Any | 12 | | recorded image evidencing a
violation of this Section, however, | 13 | | may be admissible in
any proceeding resulting from the issuance | 14 | | of the citation. | 15 | | (j) The court or hearing officer may consider in defense of | 16 | | a violation: | 17 | | (1) that the motor vehicle or registration plates of | 18 | | the motor
vehicle were stolen before the violation occurred | 19 | | and not
under the control or in the possession of the owner | 20 | | at
the time of the violation; | 21 | | (2) that the driver of the motor vehicle received a | 22 | | Uniform Traffic Citation from a police officer for a | 23 | | speeding violation occurring within one-eighth of a mile | 24 | | and 15 minutes of the violation that was recorded by the | 25 | | system; and | 26 | | (3) any other evidence or issues provided by municipal |
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| 1 | | or county ordinance. | 2 | | (k) To demonstrate that the motor vehicle or the | 3 | | registration
plates were stolen before the violation occurred | 4 | | and were not under the
control or possession of the owner at | 5 | | the time of the violation, the
owner must submit proof that a | 6 | | report concerning the stolen
motor vehicle or registration | 7 | | plates was filed with a law enforcement agency in a timely | 8 | | manner. | 9 | | (l) A roadway equipped with an automated speed enforcement | 10 | | system shall be posted with a sign conforming to the national | 11 | | Manual on Uniform Traffic Control Devices that is visible to | 12 | | approaching traffic stating that vehicle speeds are being | 13 | | photo-enforced and indicating the speed limit. The | 14 | | municipality or county shall install such additional signage as | 15 | | it determines is necessary to give reasonable notice to drivers | 16 | | as to where automated speed enforcement systems are installed. | 17 | | (m) A roadway where a new automated speed enforcement | 18 | | system is installed shall be posted with signs providing 30 | 19 | | days notice of the use of a new automated speed enforcement | 20 | | system prior to the issuance of any citations through the | 21 | | automated speed enforcement system. | 22 | | (n) The compensation paid for an automated speed | 23 | | enforcement system
must be based on the value of the equipment | 24 | | or the services provided and may
not be based on the number of | 25 | | traffic citations issued or the revenue generated
by the | 26 | | system. |
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| 1 | | (o) A municipality or county shall make a certified report | 2 | | to the Secretary of State pursuant to Section 6-306.5 of this | 3 | | Code whenever a registered owner of a vehicle has failed to pay | 4 | | any
fine or penalty due and owing as a result of a combination | 5 | | of 5 offenses for automated speed or traffic law enforcement | 6 | | system violations. | 7 | | (p) No person who is the lessor of a motor vehicle pursuant | 8 | | to a written lease agreement shall be liable for an automated | 9 | | speed or traffic law enforcement system violation involving | 10 | | such motor vehicle during the period of the lease; provided | 11 | | that upon the request of the appropriate authority received | 12 | | within 120 days after the violation occurred, the lessor | 13 | | provides within 60 days after such receipt the name and address | 14 | | of the lessee. The drivers license number of a lessee may be | 15 | | subsequently individually requested by the appropriate | 16 | | authority if needed for enforcement of this Section. | 17 | | Upon the provision of information by the lessor pursuant to | 18 | | this subsection, the municipality or county may issue the | 19 | | violation to the lessee of the vehicle in the same manner as it | 20 | | would issue a violation to a registered owner of a vehicle | 21 | | pursuant to this Section, and the lessee may be held liable for | 22 | | the violation. | 23 | | (q) A municipality or county using an automated speed | 24 | | enforcement system must provide notice to drivers by publishing | 25 | | the locations of all safety zones where system equipment is | 26 | | installed on the website of the municipality or county . |
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| 1 | | (r) A municipality or county operating an automated speed | 2 | | enforcement system shall conduct a statistical analysis to | 3 | | assess the safety impact of the system. The statistical | 4 | | analysis shall be based upon the best available crash, traffic, | 5 | | and other data, and shall cover a period of time before and | 6 | | after installation of the system sufficient to provide a | 7 | | statistically valid comparison of safety impact. The | 8 | | statistical analysis shall be consistent with professional | 9 | | judgment and acceptable industry practice. The statistical | 10 | | analysis also shall be consistent with the data required for | 11 | | valid comparisons of before and after conditions and shall be | 12 | | conducted within a reasonable period following the | 13 | | installation of the automated traffic law enforcement system. | 14 | | The statistical analysis required by this subsection shall be | 15 | | made available to the public and shall be published on the | 16 | | website of the municipality. | 17 | | (r-5) In municipalities with less than 1,000,000 | 18 | | inhabitants and in counties with less than 3,000,000 | 19 | | inhabitants, if an ordinance is enacted allowing the | 20 | | installation and operation of automated traffic law | 21 | | enforcement systems under this Section, the systems shall not | 22 | | be used in a school safety zone without the majority approval | 23 | | of the school board of that school district. The municipality | 24 | | or county shall be responsible for entering into contracts with | 25 | | vendors for the installation, maintenance, and operation of the | 26 | | automated speed enforcement system. The terms and conditions of |
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| 1 | | any contract entered into under this subsection (r-5) shall be | 2 | | between the municipality or county and the vendor. | 3 | | Administration and enforcement shall be the responsibility of | 4 | | the municipality or county. | 5 | | (s) (Blank). This Section applies only to municipalities | 6 | | with a population of 1,000,000 or more inhabitants.
| 7 | | (Source: P.A. 97-672, eff. 7-1-12; 97-674, eff. 7-1-12; 98-463, | 8 | | eff. 8-16-13.)
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