SB 923 — VEH CD-AUTOMATED ENFORCEMENT

SB0923 EngrossedEnrolled LRB098 05193 MLW 35224 b AN ACT concerning transportation.

(1) has failed to pay any fine or penalty due and owing as a result of 10 or more violations of a municipality's or county's vehicular standing, parking, or compliance regulations established by SB0923 EngrossedEnrolled - 2 - LRB098 05193 MLW 35224 b ordinance pursuant to Section 11-208.3 of this Code, (2) has failed to pay any fine or penalty due and owing as a result of 5 offenses for automated speed enforcement system violations or automated traffic violations as defined in Sections 11-208.6, 11-208.8, 11-208.9, or 11-1201.1, or combination thereof, or (3) is more than 14 days in default of a payment plan pursuant to which a suspension had been terminated under subsection (c) of this Section, the Secretary of State shall suspend the driving privileges of such person in accordance with the procedures set forth in this Section.

(b) Following receipt of the certified report of the municipality or county as specified in this Section, the Secretary of State shall notify the person whose name appears on the certified report that the person's drivers license will be suspended at the end of a specified period of time unless the Secretary of State is presented with a notice from the municipality or county certifying that the fine or penalty due SB0923 EngrossedEnrolled - 3 - LRB098 05193 MLW 35224 b and owing the municipality or county has been paid or that inclusion of that person's name on the certified report was in error.

(3) A statement that the municipality or county sent a notice of impending drivers license suspension as prescribed by ordinance enacted pursuant to Section 11-208.3 of this Code or a notice of default in a payment plan, to the person named in the report at the address SB0923 EngrossedEnrolled - 4 - LRB098 05193 MLW 35224 b recorded with the Secretary of State or at the last address known to the lessor of the cited vehicle at the time of lease or, if any notice sent under Section 11-208.3 of this Code is returned as undeliverable, at the last known address recorded in a United States Post Office approved database;

A certified copy of such notification shall also be given upon request and at no SB0923 EngrossedEnrolled - 5 - LRB098 05193 MLW 35224 b additional charge to the person named therein.

Such SB0923 EngrossedEnrolled - 6 - LRB098 05193 MLW 35224 b municipality or county may invoke this sanction by making a certified report to the Secretary of State upon a person's failure to satisfy any fine or penalty imposed by final judgment for 10 or more violations of local standing, parking, or compliance regulations or a combination of 5 or more automated speed enforcement system or automated traffic law violations after exhaustion of judicial review procedures, but only if:

(g) Any municipality or county, other than a municipality or county establishing standing, parking, and compliance regulations pursuant to Section 11-208.3, automated speed enforcement system regulations under Section 11-208.8, or automated traffic law regulations under Section 11-208.6, 11-208.9, or 11-1201.1, may provide by ordinance for the SB0923 EngrossedEnrolled - 7 - LRB098 05193 MLW 35224 b sending of a notice of impending drivers license suspension to the person who has failed to satisfy any fine or penalty imposed by final judgment for 10 or more violations of local standing, parking, or compliance regulations or a combination of 5 or more automated speed enforcement system or automated traffic law violations after exhaustion of judicial review procedures.

A municipality or county which files a certified report with the Secretary of State pursuant to this SB0923 EngrossedEnrolled - 8 - LRB098 05193 MLW 35224 b Section shall reimburse the Secretary for all reasonable costs incurred by the Secretary as a result of the filing of the report, including but not limited to the costs of providing the notice required pursuant to subsection (b) and the costs incurred by the Secretary in any hearing conducted with respect to the report pursuant to this subsection and any appeal from such a hearing.

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(d) The provisions of this Code shall not be deemed to prevent local authorities within the reasonable exercise of their police power from prohibiting, on private property, the SB0923 EngrossedEnrolled - 11 - LRB098 05193 MLW 35224 b unauthorized use of parking spaces reserved for persons with disabilities.

(g) A municipality or county, as provided in Section SB0923 EngrossedEnrolled - 12 - LRB098 05193 MLW 35224 b 11-1201.1, may enact an ordinance providing for an automated traffic law enforcement system to enforce violations of Section 11-1201 of this Code or a similar provision of a local ordinance and imposing liability on a registered owner of a vehicle used in such a violation.

(a) Any municipality or county may provide by ordinance for a system of administrative adjudication of vehicular standing and parking violations and vehicle compliance violations as SB0923 EngrossedEnrolled - 13 - LRB098 05193 MLW 35224 b described in this subsection, automated traffic law violations as defined in Section 11-208.6, 11-208.9, or 11-1201.1, and automated speed enforcement system violations as defined in Section 11-208.8.

(1) A traffic compliance administrator authorized to adopt, distribute and process parking, compliance, and automated speed enforcement system or automated traffic law violation notices and other notices required by this SB0923 EngrossedEnrolled - 14 - LRB098 05193 MLW 35224 b Section, collect money paid as fines and penalties for violation of parking and compliance ordinances and automated speed enforcement system or automated traffic law violations, and operate an administrative adjudication system.

With regard to municipalities or counties with a population of 1 million or more, it shall be grounds for dismissal of a parking SB0923 EngrossedEnrolled - 15 - LRB098 05193 MLW 35224 b violation if the state registration number or vehicle make specified is incorrect.

(3) Service of the parking, standing, or compliance violation notice by affixing the original or a facsimile of the notice to an unlawfully parked vehicle or by handing the notice to the operator of a vehicle if he or she is present and service of an automated speed enforcement system or automated traffic law violation notice by mail to the address of the registered owner or lessee of the cited vehicle as recorded with the Secretary of State or the lessor of the motor vehicle within 30 days after the Secretary of State or the lessor of the motor vehicle notifies the municipality or county of the identity of the owner or lessee of the vehicle, but not later than 90 days after the violation, except that in the case of a lessee of a motor vehicle, service of an automated traffic law violation notice may occur no later than 210 days after the SB0923 EngrossedEnrolled - 16 - LRB098 05193 MLW 35224 b violation.

In municipalities with a population of less than 1,000,000 inhabitants and counties with a population of less than 3,000,000 inhabitants, the automated traffic law ordinance shall require that all determinations by a technician that a motor vehicle was being operated in violation of Section 11-208.6, 11-208.9, or 11-1201.1 or a local ordinance must be reviewed and approved by a law enforcement officer or retired law SB0923 EngrossedEnrolled - 17 - LRB098 05193 MLW 35224 b enforcement officer of the municipality or county issuing the violation.

If the technician determines that the vehicle speed was not determined by a calibrated, certified speed equipment device based upon the speed equipment documentation, or if the vehicle was an emergency SB0923 EngrossedEnrolled - 18 - LRB098 05193 MLW 35224 b vehicle, a citation may not be issued.

Technicians must be alert for any unusual or suspect readings, and if unusual or suspect readings of a radar unit persist, that unit shall immediately be removed from service and not returned to SB0923 EngrossedEnrolled - 19 - LRB098 05193 MLW 35224 b service until it has been checked by a qualified technician and determined to be functioning properly.

In all municipalities and counties, the automated speed enforcement system or automated traffic law ordinance shall require that no additional fee SB0923 EngrossedEnrolled - 20 - LRB098 05193 MLW 35224 b shall be charged to the alleged violator for exercising his or her right to an administrative hearing, and persons shall be given at least 25 days following an administrative hearing to pay any civil penalty imposed by a finding that Section 11-208.6, 11-208.8, 11-208.9, or 11-1201.1 or a similar local ordinance has been violated.

(4) An opportunity for a hearing for the registered owner of the vehicle cited in the parking, standing, compliance, automated speed enforcement system, or automated traffic law violation notice in which the owner may contest the merits of the alleged violation, and during which formal or technical rules of evidence shall not SB0923 EngrossedEnrolled - 21 - LRB098 05193 MLW 35224 b apply;

SB0923 EngrossedEnrolled - 22 - LRB098 05193 MLW 35224 b The service shall be deemed complete as of the date of deposit in the United States mail.

The notice of violation shall also state that failure to complete a required traffic education program, to pay the indicated fine and any applicable penalty, or to appear at a hearing on the merits in the time and manner specified, will result in a final determination of violation liability for the cited violation in the amount of the fine or penalty indicated, and that, upon the occurrence of a final determination of violation liability for the failure, and the exhaustion of, or failure to exhaust, available administrative or SB0923 EngrossedEnrolled - 23 - LRB098 05193 MLW 35224 b judicial procedures for review, any incomplete traffic education program or any unpaid fine or penalty, or both, will constitute a debt due and owing the municipality or county.

The notice shall contain warnings that failure to complete any required traffic education program or to pay any fine or penalty due and owing the municipality or county, or both, within the time specified may result in the municipality's or county's filing of a petition in the Circuit Court to have the incomplete traffic education program or unpaid fine or penalty, or both, rendered a judgment as provided by this Section, or may result in suspension of the person's drivers license for failure to complete a traffic education program or to pay fines or penalties, SB0923 EngrossedEnrolled - 24 - LRB098 05193 MLW 35224 b or both, for 10 or more parking violations under Section 6-306.5, or a combination of 5 or more automated traffic law violations under Section 11-208.6 or 11-208.9 or automated speed enforcement system violations under Section 11-208.8.

The notice of impending drivers license suspension shall be sent by first class United States mail, postage prepaid, to the address recorded with the Secretary of State or, if any notice to that address is returned as undeliverable, to the SB0923 EngrossedEnrolled - 25 - LRB098 05193 MLW 35224 b last known address recorded in a United States Post Office approved database.

(A) the person SB0923 EngrossedEnrolled - 26 - LRB098 05193 MLW 35224 b not having been the owner or lessee of the cited vehicle on the date the violation notice was issued, (B) the person having already completed the required traffic education program or paid the fine or penalty, or both, for the violation in question, and (C) excusable failure to appear at or request a new date for a hearing.

(10) A schedule of civil fines for violations of vehicular standing, parking, compliance, automated speed enforcement system, or automated traffic law regulations enacted by ordinance pursuant to this Section, and a schedule of penalties for late payment of the fines or failure to complete required traffic education programs, provided, however, that the total amount of the fine and SB0923 EngrossedEnrolled - 27 - LRB098 05193 MLW 35224 b penalty for any one violation shall not exceed $250, except as provided in subsection (c) of Section 11-1301.3 of this Code.

(2) A notice of impending vehicle immobilization and a right to a hearing to challenge the validity of the notice SB0923 EngrossedEnrolled - 28 - LRB098 05193 MLW 35224 b by disproving liability for the incomplete traffic education programs or unpaid final determinations of parking, standing, compliance, automated speed enforcement system, or automated traffic law violation liability, or both, listed on the notice.

(e) Any fine, penalty, incomplete traffic education program, or part of any fine or any penalty remaining unpaid SB0923 EngrossedEnrolled - 29 - LRB098 05193 MLW 35224 b after the exhaustion of, or the failure to exhaust, administrative remedies created under this Section and the conclusion of any judicial review procedures shall be a debt due and owing the municipality or county and, as such, may be collected in accordance with applicable law.

Upon commencement of the action, the municipality or county shall file a certified copy or record of the final determination of parking, standing, compliance, automated speed enforcement system, or automated traffic law violation, which shall be accompanied by a certification that recites facts sufficient to show that the final determination of SB0923 EngrossedEnrolled - 30 - LRB098 05193 MLW 35224 b violation was issued in accordance with this Section and the applicable municipal or county ordinance.

A low-income individual required to complete a traffic SB0923 EngrossedEnrolled - 31 - LRB098 05193 MLW 35224 b education program under this Section who provides proof of eligibility for the federal earned income tax credit under Section 32 of the Internal Revenue Code or the Illinois earned income tax credit under Section 212 of the Illinois Income Tax Act shall not be required to pay any fee for participating in a required traffic education program.

An automated traffic law enforcement system is a system, in a municipality or county operated by a governmental agency, SB0923 EngrossedEnrolled - 32 - LRB098 05193 MLW 35224 b that produces a recorded image of a motor vehicle's violation of a provision of this Code or a local ordinance and is designed to obtain a clear recorded image of the vehicle and the vehicle's license plate.

The notice shall be delivered to the registered owner of the SB0923 EngrossedEnrolled - 33 - LRB098 05193 MLW 35224 b vehicle, by mail, within 30 days after the Secretary of State notifies the municipality or county of the identity of the owner of the vehicle, but in no event later than 90 days after the violation.

or (B) challenging the charge in court, by mail, or by SB0923 EngrossedEnrolled - 34 - LRB098 05193 MLW 35224 b administrative hearing;

Any recorded image evidencing a violation of this Section, however, may be admissible in any SB0923 EngrossedEnrolled - 35 - LRB098 05193 MLW 35224 b proceeding resulting from the issuance of the citation.

(k) Unless the driver of the motor vehicle received a SB0923 EngrossedEnrolled - 36 - LRB098 05193 MLW 35224 b Uniform Traffic Citation from a police officer at the time of the violation, the motor vehicle owner is subject to a civil penalty not exceeding $150 for a first time violation or $500 for a second or subsequent violation, plus an additional penalty of not more than $100 for failure to pay the original penalty in a timely manner, if the motor vehicle is recorded by an automated traffic law enforcement system.

SB0923 EngrossedEnrolled - 37 - LRB098 05193 MLW 35224 b (n) A municipality or county operating an automated traffic law enforcement system shall conduct a statistical analysis to assess the safety impact in each school district using school buses equipped with an automated traffic law enforcement system following installation of the system.

If the statistical analysis for the 36-month period following installation of the system indicates that there has been an increase in the rate of accidents at the approach to school buses monitored by the system, the municipality or county shall undertake additional studies to determine the cause and severity of the accidents, and may take any action that it determines is necessary or appropriate to reduce the number or severity of the accidents involving school buses equipped with an automated traffic law SB0923 EngrossedEnrolled - 38 - LRB098 05193 MLW 35224 b enforcement system.

(q) A municipality or county shall make a certified report to the Secretary of State pursuant to Section 6-306.5 of this Code whenever a registered owner of a vehicle has failed to pay any fine or penalty due and owing as a result of a combination SB0923 EngrossedEnrolled - 39 - LRB098 05193 MLW 35224 b of 5 offenses for automated traffic law or speed enforcement system violations.

(r) AAfter a municipality or county thatenacts choosesan toordinance implementproviding anfor automated traffic law enforcement systemsystems under this SectionSection, shalleach doschool sodistrict onwithin athat schoolmunicipality districtor bycounty's schooljurisdiction districtmay basis.implement an automated traffic law enforcement system under this Section.