HB 4451 — VEH CD-SPEED CAMERA REVENUE

*LRB10332801MXP62605b* HB4451 103RDEngrossed GENERALLRB103 ASSEMBLY32801 StateMXP of62605 Illinoisb andAN 2024ACT HB4451concerning Introducedtransportation. 1/16/2024, by Rep.

Jaime M.

Andrade, Jr.

SYNOPSIS AS INTRODUCED:

ILCS 5/11-208.8 Amends the Illinois Vehicle Code.

Establishes that a municipality that operates an automated speed enforcement system shall set aside 10% of the net proceeds from each system that generates more than $500,000 in revenue for the respective school district or park district in which the automated speed enforcement system is located.

Provides that the set aside proceeds may be allocated for any purpose designated by the school district or park district.

Set forth home rule provisions.

LRB103 32801 MXP 62605 b A BILL FOR HB4451 LRB103 32801 MXP 62605 b AN ACT concerning transportation.

The recorded HB4451 Engrossed - 2 - LRB103 32801 MXP 62605 b image must also display the time, date, and location of the violation.

The term HB4451 Engrossed - 3 - LRB103 32801 MXP 62605 b "safety zone" does not include any portion of the roadway known as Lake Shore Drive or any controlled access highway with 8 or more lanes of traffic.

(c) Notwithstanding any penalties for any other violations of this Code, the owner of a motor vehicle used in a traffic HB4451 Engrossed - 4 - LRB103 32801 MXP 62605 b violation recorded by an automated speed enforcement system shall be subject to the following penalties:

The municipality may send, in the same manner that notices are sent under this Section, a speed violation warning notice HB4451 Engrossed - 5 - LRB103 32801 MXP 62605 b where the violation involves a speed of 5 miles per hour or less above the legal speed limit.

The notice shall be delivered to the registered owner of the vehicle, by mail, within 30 days HB4451 Engrossed - 6 - LRB103 32801 MXP 62605 b after the Secretary of State notifies the municipality of the identity of the owner of the vehicle, but in no event later than 90 days after the violation.

and (10) a website address, accessible through the HB4451 Engrossed - 7 - LRB103 32801 MXP 62605 b Internet, where the person may view the recorded images of the violation.

(1.5) that the motor vehicle was hijacked before the violation occurred and not under the control of or in the possession of the owner or lessee at the time of the HB4451 Engrossed - 8 - LRB103 32801 MXP 62605 b violation;

(m) A roadway where a new automated speed enforcement system is installed shall be posted with signs providing 30 HB4451 Engrossed - 9 - LRB103 32801 MXP 62605 b days notice of the use of a new automated speed enforcement system prior to the issuance of any citations through the automated speed enforcement system.

(o)(n-1) NotwithstandingNo member of the provisionsGeneral ofAssembly subsectionand (d)no ofofficer thisor Section,employee of a municipality thator operatescounty anshall automatedknowingly speedaccept enforcementemployment systemor shallreceive setcompensation asideor 10%fees offor theservices net proceeds from eacha systemvendor that generatesprovides moreautomated thanspeed $500,000enforcement insystem revenueequipment foror theservices respectiveto schoolmunicipalities district or parkcounties. district in which the automated speed enforcement system is located.

TheNo setformer asidemember proceedsof maythe beGeneral allocatedAssembly forshall, anywithin purposea designatedperiod byof 2 years immediately after the schooltermination districtof service as a member of the General Assembly, knowingly accept employment or parkreceive district.compensation or fees for services from a vendor that provides automated speed enforcement system equipment or services to municipalities or counties.

No former officer or employee of a municipality or county shall, within a period of 2 years immediately after the termination of municipal or county employment, knowingly accept employment or receive compensation or fees for services from a vendor that provides automated speed enforcement system equipment or services to municipalities or counties.

(o) Notwithstanding the provisions of subsection (d) of HB4451 Engrossed - 10 - LRB103 32801 MXP 62605 b this Section, a municipality that operates an automated speed enforcement system shall set aside 10% of the net proceeds from each system that generates more than $500,000 in revenue for the school or park in the safety zone in which the automated speed enforcement system is located.

The set aside proceeds may be allocated for any purpose designated by the school or park.

provided HB4451 - 10 - LRB103 32801 MXP 62605 b that upon the request of the appropriate authority received within 120 days after the violation occurred, the lessor provides within 60 days after such receipt the name and address of the lessee.

Upon the provision of information by the lessor pursuant to this subsection, the municipality may issue the violation to the lessee of the vehicle in the same manner as it would HB4451 Engrossed - 11 - LRB103 32801 MXP 62605 b issue a violation to a registered owner of a vehicle pursuant to this Section, and the lessee may be held liable for the violation.

(r) A municipality operating an automated speed enforcement system shall conduct a statistical analysis to assess the safety impact of the system.system following installation of the system and every 2 years thereafter.

TheA statisticalmunicipality analysisoperating shallan beautomated basedspeed uponenforcement system before the besteffective availabledate crash,of traffic,this andamendatory otherAct data,of andthe 103rd General Assembly shall coverconduct a periodstatistical ofanalysis timeto beforeassess andthe aftersafety installationimpact of the system sufficientby tono providelater athan statisticallyone validyear comparisonafter the effective date of safetythis impact.amendatory Act of the 103rd General Assembly and every 2 years thereafter.

TheEach statistical analysis shall be consistentbased withupon professionalthe judgmentbest available crash, traffic, and acceptableother industrydata, practice.and shall cover a period of time before and after installation of the system sufficient to provide a statistically valid comparison of safety impact.

TheEach statistical analysis also shall be consistent with theprofessional datajudgment required for HB4451 - 11 - LRB103 32801 MXP 62605 b valid comparisons of before and afteracceptable conditionsindustry andpractice. shall be conducted within a reasonable period following the installation of the automated traffic law enforcement system.

TheEach statistical analysis requiredalso byshall thisbe subsectionconsistent shallwith bethe madedata availablerequired tofor thevalid publiccomparisons of before and after conditions and shall be publishedconducted onwithin a reasonable period following HB4451 Engrossed - 12 - LRB103 32801 MXP 62605 b the websiteinstallation of the municipality.automated traffic law enforcement system.

Each statistical analysis required by this subsection shall be made available to the public and shall be published on the website of the municipality.

(t) If a county or municipality selects a new vendor for its automated speed enforcement system and must, as a consequence, apply for a permit, approval, or other authorization from the Department for reinstallation of one or more malfunctioning components of that system and if, at the time of the application for the permit, approval, or other authorization, the new vendor operates an automated speed enforcement system for any other county or municipality in the State, then the Department shall approve or deny the county or municipality's application for the permit, approval, or other authorization within 90 days after its receipt.

(u) The Department may revoke any permit, approval, or other authorization granted to a county or municipality for the placement, installation, or operation of an automated speed enforcement system if any official or employee who serves that county or municipality is charged with bribery, official misconduct, or a similar crime related to the placement, installation, or operation of the automated speed enforcement system in the county or municipality.

The Department shall adopt any rules necessary to HB4451 Engrossed - 13 - LRB103 32801 MXP 62605 b implement and administer this subsection.

The rules adopted by the Department shall describe the revocation process, shall ensure that notice of the revocation is provided, and shall provide an opportunity to appeal the revocation.

Any county or municipality that has a permit, approval, or other authorization revoked under this subsection may not reapply for such a permit, approval, or other authorization for a period of 1 year after the revocation.

101-395, eff.

8-16-19;

101-652, eff.

7-1-21;

1-1-23.)1-1-23;