Bill Text: IL HB3539 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Illinois Vehicle Code. Repeals a Section providing authority to use automated traffic law enforcement systems at intersections in which cameras are used to photograph or video record a motor vehicle's failure to stop and yield as required by traffic control signals. Imposes limits on the power of local governments to use automated speed enforcement systems to provide recorded images of a motor vehicle for the purpose of recording its speed. Denies home rule powers. Amends the State Mandates Act to require implementation without reimbursement from the State. Makes conforming and other changes.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2023-02-17 - Referred to Rules Committee [HB3539 Detail]

Download: Illinois-2023-HB3539-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3539 Introduced , by Rep. Amy L. Grant SYNOPSIS AS INTRODUCED:
625 ILCS 5/1-105.2
625 ILCS 5/3-400 from Ch. 95 1/2, par. 3-400
625 ILCS 5/11-208 from Ch. 95 1/2, par. 11-208
625 ILCS 5/11-208.3 from Ch. 95 1/2, par. 11-208.3
625 ILCS 5/11-208.8
625 ILCS 5/11-208.6 rep.
30 ILCS 805/8.47 new
Amends the Illinois Vehicle Code. Repeals a Section providing authority to use automated traffic law enforcement systems at intersections in which cameras are used to photograph or video record a motor vehicle's failure to stop and yield as required by traffic control signals. Imposes limits on the power of local governments to use automated speed enforcement systems to provide recorded images of a motor vehicle for the purpose of recording its speed. Denies home rule powers. Amends the State Mandates Act to require implementation without reimbursement from the State. Makes conforming and other changes.
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A BILL FOR
HB3539 LRB103 29741 MXP 56147 b
AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Vehicle Code is amended by
changing Sections 1-105.2, 3-400, 6-306.5, 11-208, 11-208.3,
and 11-208.8 as follows:
(625 ILCS 5/1-105.2)
Sec. 1-105.2. Automated traffic law violation. A violation
described in Section 11-208.6, 11-208.9, or 11-1201.1 of this
Code.
(Source: P.A. 98-556, eff. 1-1-14.)
(625 ILCS 5/3-400) (from Ch. 95 1/2, par. 3-400)
Sec. 3-400. Definitions. Notwithstanding the definitions
set forth in Chapter 1 of this Act, for the purposes of this
Article, the following words shall have the meaning ascribed
to them as follows:
"Apportionable Fee" means any periodic recurring fee
required for licensing or registering vehicles, such as, but
not limited to, registration fees, license or weight fees.
"Apportionable Vehicle" means any vehicle, except
recreational vehicles, vehicles displaying restricted plates,
city pickup and delivery vehicles, buses used in

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transportation of chartered parties, and government owned
vehicles that are used or intended for use in 2 or more member
jurisdictions that allocate or proportionally register
vehicles, in a fleet which is used for the transportation of
persons for hire or the transportation of property and which
has a gross vehicle weight in excess of 26,000 pounds; or has
three or more axles regardless of weight; or is used in
combination when the weight of such combination exceeds 26,000
pounds gross vehicle weight. Vehicles, or combinations having
a gross vehicle weight of 26,000 pounds or less and two-axle
vehicles may be proportionally registered at the option of
such owner.
"Base Jurisdiction" means, for purposes of fleet
registration, the jurisdiction where the registrant has an
established place of business, where operational records of
the fleet are maintained and where mileage is accrued by the
fleet. In case a registrant operates more than one fleet, and
maintains records for each fleet in different places, the
"base jurisdiction" for a fleet shall be the jurisdiction
where an established place of business is maintained, where
records of the operation of that fleet are maintained and
where mileage is accrued by that fleet.
"Operational Records" means documents supporting miles
traveled in each jurisdiction and total miles traveled, such
as fuel reports, trip leases, and logs.
"Owner" means a person who holds legal title of a motor

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vehicle, or in the event a motor vehicle is the subject of an
agreement for the conditional sale or lease thereof with the
right of purchase upon performance of the conditions stated in
the agreement and with an immediate right of possession vested
in the conditional vendee or lessee with right of purchase, or
in the event a mortgagor of such motor vehicle is entitled to
possession, or in the event a lessee of such motor vehicle is
entitled to possession or control, then such conditional
vendee or lessee with right of purchase or mortgagor or lessee
is considered to be the owner for the purpose of this Act.
"Registration plate or digital registration plate cover"
means any tinted, colored, painted, marked, clear, or
illuminated object that is designed to (i) cover any of the
characters of a motor vehicle's registration plate or digital
registration plate; or (ii) distort a recorded image of any of
the characters of a motor vehicle's registration plate or
digital registration plate recorded by an automated
enforcement system as defined in Section 11-208.6, 11-208.8,
or 11-1201.1 of this Code or recorded by an automated traffic
control system as defined in Section 15 of the Automated
Traffic Control Systems in Highway Construction or Maintenance
Zones Act.
"Rental Owner" means an owner principally engaged, with
respect to one or more rental fleets, in renting to others or
offering for rental the vehicles of such fleets, without
drivers.

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"Restricted Plates" shall include, but is not limited to,
dealer, manufacturer, transporter, farm, repossessor, and
permanently mounted type plates. Vehicles displaying any of
these type plates from a foreign jurisdiction that is a member
of the International Registration Plan shall be granted
reciprocity but shall be subject to the same limitations as
similar plated Illinois registered vehicles.
(Source: P.A. 101-395, eff. 8-16-19.)
(625 ILCS 5/11-208) (from Ch. 95 1/2, par. 11-208)
Sec. 11-208. Powers of local authorities.
(a) The provisions of this Code shall not be deemed to
prevent local authorities with respect to streets and highways
under their jurisdiction and within the reasonable exercise of
the police power from:
1. Regulating the standing or parking of vehicles,
except as limited by Sections 11-1306 and 11-1307 of this
Act;
2. Regulating traffic by means of police officers or
traffic control signals;
3. Regulating or prohibiting processions or
assemblages on the highways; and certifying persons to
control traffic for processions or assemblages;
4. Designating particular highways as one-way highways
and requiring that all vehicles thereon be moved in one
specific direction;

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5. Regulating the speed of vehicles in public parks
subject to the limitations set forth in Section 11-604;
6. Designating any highway as a through highway, as
authorized in Section 11-302, and requiring that all
vehicles stop before entering or crossing the same or
designating any intersection as a stop intersection or a
yield right-of-way intersection and requiring all vehicles
to stop or yield the right-of-way at one or more entrances
to such intersections;
7. Restricting the use of highways as authorized in
Chapter 15;
8. Regulating the operation of mobile carrying
devices, bicycles, low-speed electric bicycles, and
low-speed gas bicycles, and requiring the registration and
licensing of same, including the requirement of a
registration fee;
9. Regulating or prohibiting the turning of vehicles
or specified types of vehicles at intersections;
10. Altering the speed limits as authorized in Section
11-604;
11. Prohibiting U-turns;
12. Prohibiting pedestrian crossings at other than
designated and marked crosswalks or at intersections;
13. Prohibiting parking during snow removal operation;
14. Imposing fines in accordance with Section
11-1301.3 as penalties for use of any parking place

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reserved for persons with disabilities, as defined by
Section 1-159.1, or veterans with disabilities by any
person using a motor vehicle not bearing registration
plates specified in Section 11-1301.1 or a special decal
or device as defined in Section 11-1301.2 as evidence that
the vehicle is operated by or for a person with
disabilities or a veteran with a disability;
15. Adopting such other traffic regulations as are
specifically authorized by this Code; or
16. Enforcing the provisions of subsection (f) of
Section 3-413 of this Code or a similar local ordinance.
(b) No ordinance or regulation enacted under paragraph 1,
4, 5, 6, 7, 9, 10, 11 or 13 of subsection (a) shall be
effective until signs giving reasonable notice of such local
traffic regulations are posted.
(c) The provisions of this Code shall not prevent any
municipality having a population of 500,000 or more
inhabitants from prohibiting any person from driving or
operating any motor vehicle upon the roadways of such
municipality with headlamps on high beam or bright.
(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
unauthorized use of parking spaces reserved for persons with
disabilities.
(e) No unit of local government, including a home rule

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unit, may enact or enforce an ordinance that applies only to
motorcycles if the principal purpose for that ordinance is to
restrict the access of motorcycles to any highway or portion
of a highway for which federal or State funds have been used
for the planning, design, construction, or maintenance of that
highway. No unit of local government, including a home rule
unit, may enact an ordinance requiring motorcycle users to
wear protective headgear. Nothing in this subsection (e) shall
affect the authority of a unit of local government to regulate
motorcycles for traffic control purposes or in accordance with
Section 12-602 of this Code. No unit of local government,
including a home rule unit, may regulate motorcycles in a
manner inconsistent with this Code. This subsection (e) is a
limitation under subsection (i) of Section 6 of Article VII of
the Illinois Constitution on the concurrent exercise by home
rule units of powers and functions exercised by the State.
(e-5) The City of Chicago may enact an ordinance providing
for a noise monitoring system upon any portion of the roadway
known as Lake Shore Drive. Twelve months after the
installation of the noise monitoring system, and any time
after the first report as the City deems necessary, the City of
Chicago shall prepare a noise monitoring report with the data
collected from the system and shall, upon request, make the
report available to the public. For purposes of this
subsection (e-5), "noise monitoring system" means an automated
noise monitor capable of recording noise levels 24 hours per

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day and 365 days per year with computer equipment sufficient
to process the data.
(e-10) A unit of local government, including a home rule
unit, may not enact an ordinance prohibiting the use of
Automated Driving System equipped vehicles on its roadways.
Nothing in this subsection (e-10) shall affect the authority
of a unit of local government to regulate Automated Driving
System equipped vehicles for traffic control purposes. No unit
of local government, including a home rule unit, may regulate
Automated Driving System equipped vehicles in a manner
inconsistent with this Code. For purposes of this subsection
(e-10), "Automated Driving System equipped vehicle" means any
vehicle equipped with an Automated Driving System of hardware
and software that are collectively capable of performing the
entire dynamic driving task on a sustained basis, regardless
of whether it is limited to a specific operational domain.
This subsection (e-10) is a limitation under subsection (i) of
Section 6 of Article VII of the Illinois Constitution on the
concurrent exercise by home rule units of powers and functions
exercised by the State.
(f) No unit of local government, including a home rule
unit, A municipality or county designated in Section 11-208.6
may enact or enforce an ordinance providing for an automated
traffic law enforcement system to enforce violations of
Section 11-306 of this Code or a similar provision of a local
ordinance and imposing liability on a registered owner or

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lessee of a vehicle used in such a violation. For purposes of
this subsection (f), "automated traffic law enforcement
system" means a device with one or more motor vehicle sensors
working in conjunction with a red light signal to produce
recorded images of motor vehicles entering into an
intersection against a red signal indication in violation of
Section 11-306 of this Code or a similar provision of a local
ordinance. This subsection (f) is a denial and limitation of
home rule powers and functions under subsection (g) of Section
6 of Article VII of the Illinois Constitution.
(g) A municipality or county, as provided in Section
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.
(h) A municipality designated in Section 11-208.8 may
enact an ordinance providing for an automated speed
enforcement system to enforce violations of Article VI of
Chapter 11 of this Code or a similar provision of a local
ordinance.
(i) A municipality or county designated in Section
11-208.9 may enact an ordinance providing for an automated
traffic law enforcement system to enforce violations of
Section 11-1414 of this Code or a similar provision of a local
ordinance and imposing liability on a registered owner or

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lessee of a vehicle used in such a violation.
(Source: P.A. 100-209, eff. 1-1-18; 100-257, eff. 8-22-17;
100-352, eff. 6-1-18; 100-863, eff. 8-14-18; 101-123, eff.
7-26-19.)
(625 ILCS 5/11-208.3) (from Ch. 95 1/2, par. 11-208.3)
Sec. 11-208.3. Administrative adjudication of violations
of traffic regulations concerning the standing, parking, or
condition of vehicles, automated traffic law violations, and
automated speed enforcement system violations.
(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 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. The administrative system
shall have as its purpose the fair and efficient enforcement
of municipal or county regulations through the administrative
adjudication of automated speed enforcement system or
automated traffic law violations and violations of municipal
or county ordinances regulating the standing and parking of
vehicles, the condition and use of vehicle equipment, and the
display of municipal or county wheel tax licenses within the
municipality's or county's borders. The administrative system
shall only have authority to adjudicate civil offenses

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carrying fines not in excess of $500 or requiring the
completion of a traffic education program, or both, that occur
after the effective date of the ordinance adopting such a
system under this Section. For purposes of this Section,
"compliance violation" means a violation of a municipal or
county regulation governing the condition or use of equipment
on a vehicle or governing the display of a municipal or county
wheel tax license.
(b) Any ordinance establishing a system of administrative
adjudication under this Section shall provide for:
(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
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.
(2) A parking, standing, compliance, automated speed
enforcement system, or automated traffic law violation
notice that shall specify or include the date, time, and
place of violation of a parking, standing, compliance,
automated speed enforcement system, or automated traffic
law regulation; the particular regulation violated; any
requirement to complete a traffic education program; the

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fine and any penalty that may be assessed for late payment
or failure to complete a required traffic education
program, or both, when so provided by ordinance; the
vehicle make or a photograph of the vehicle; the state
registration number of the vehicle; and the identification
number of the person issuing the notice. With regard to
automated speed enforcement system or automated traffic
law violations, vehicle make shall be specified on the
automated speed enforcement system or automated traffic
law violation notice if the notice does not include a
photograph of the vehicle and the make is available and
readily discernible. With regard to municipalities or
counties with a population of 1 million or more, it shall
be grounds for dismissal of a parking violation if the
state registration number or vehicle make specified is
incorrect. The violation notice shall state that the
completion of any required traffic education program, the
payment of any indicated fine, and the payment of any
applicable penalty for late payment or failure to complete
a required traffic education program, or both, shall
operate as a final disposition of the violation. The
notice also shall contain information as to the
availability of a hearing in which the violation may be
contested on its merits. The violation notice shall
specify the time and manner in which a hearing may be had.
(3) Service of a parking, standing, or compliance

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violation notice by: (i) affixing the original or a
facsimile of the notice to an unlawfully parked or
standing vehicle; (ii) handing the notice to the operator
of a vehicle if he or she is present; or (iii) mailing the
notice 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 date of the violation, except that in the case of
a lessee of a motor vehicle, service of a parking,
standing, or compliance violation notice may occur no
later than 210 days after the violation; 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
violation. A person authorized by ordinance to issue and

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serve parking, standing, and compliance violation notices
shall certify as to the correctness of the facts entered
on the violation notice by signing his or her name to the
notice at the time of service or, in the case of a notice
produced by a computerized device, by signing a single
certificate to be kept by the traffic compliance
administrator attesting to the correctness of all notices
produced by the device while it was under his or her
control. In the case of an automated traffic law
violation, the ordinance shall require a determination by
a technician employed or contracted by the municipality or
county that, based on inspection of recorded images, the
motor vehicle was being operated in violation of Section
11-208.6, 11-208.9, or 11-1201.1 or a local ordinance. If
the technician determines that the vehicle entered the
intersection as part of a funeral procession or in order
to yield the right-of-way to an emergency vehicle, a
citation shall not be issued. 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
enforcement officer of the municipality or county issuing

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the violation. In municipalities with a population of
1,000,000 or more inhabitants and counties with a
population of 3,000,000 or more 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
enforcement officer of the municipality or county issuing
the violation or by an additional fully trained reviewing
technician who is not employed by the contractor who
employs the technician who made the initial determination.
In the case of an automated speed enforcement system
violation, the ordinance shall require a determination by
a technician employed by the municipality, based upon an
inspection of recorded images, video or other
documentation, including documentation of the speed limit
and automated speed enforcement signage, and documentation
of the inspection, calibration, and certification of the
speed equipment, that the vehicle was being operated in
violation of Article VI of Chapter 11 of this Code or a
similar local ordinance. 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 vehicle, a citation may not be issued. The

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automated speed enforcement ordinance shall require that
all determinations by a technician that a violation
occurred be reviewed and approved by a law enforcement
officer or retired law enforcement officer of the
municipality issuing the violation or by an additional
fully trained reviewing technician who is not employed by
the contractor who employs the technician who made the
initial determination. Routine and independent calibration
of the speeds produced by automated speed enforcement
systems and equipment shall be conducted annually by a
qualified technician. Speeds produced by an automated
speed enforcement system shall be compared with speeds
produced by lidar or other independent equipment. Radar or
lidar equipment shall undergo an internal validation test
no less frequently than once each week. Qualified
technicians shall test loop-based equipment no less
frequently than once a year. Radar equipment shall be
checked for accuracy by a qualified technician when the
unit is serviced, when unusual or suspect readings
persist, or when deemed necessary by a reviewing
technician. Radar equipment shall be checked with the
internal frequency generator and the internal circuit test
whenever the radar is turned on. 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

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service until it has been checked by a qualified
technician and determined to be functioning properly.
Documentation of the annual calibration results, including
the equipment tested, test date, technician performing the
test, and test results, shall be maintained and available
for use in the determination of an automated speed
enforcement system violation and issuance of a citation.
The technician performing the calibration and testing of
the automated speed enforcement equipment shall be trained
and certified in the use of equipment for speed
enforcement purposes. Training on the speed enforcement
equipment may be conducted by law enforcement, civilian,
or manufacturer's personnel and if applicable may be
equivalent to the equipment use and operations training
included in the Speed Measuring Device Operator Program
developed by the National Highway Traffic Safety
Administration (NHTSA). The vendor or technician who
performs the work shall keep accurate records on each
piece of equipment the technician calibrates and tests. As
used in this paragraph, "fully trained reviewing
technician" means a person who has received at least 40
hours of supervised training in subjects which shall
include image inspection and interpretation, the elements
necessary to prove a violation, license plate
identification, and traffic safety and management. In all
municipalities and counties, the automated speed

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enforcement system or automated traffic law ordinance
shall require that no additional fee 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. The original or a
facsimile of the violation notice or, in the case of a
notice produced by a computerized device, a printed record
generated by the device showing the facts entered on the
notice, shall be retained by the traffic compliance
administrator, and shall be a record kept in the ordinary
course of business. A parking, standing, compliance,
automated speed enforcement system, or automated traffic
law violation notice issued, signed, and served in
accordance with this Section, a copy of the notice, or the
computer-generated record shall be prima facie correct and
shall be prima facie evidence of the correctness of the
facts shown on the notice. The notice, copy, or
computer-generated record shall be admissible in any
subsequent administrative or legal proceedings.
(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

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may contest the merits of the alleged violation, and
during which formal or technical rules of evidence shall
not apply; provided, however, that under Section 11-1306
of this Code the lessee of a vehicle cited in the violation
notice likewise shall be provided an opportunity for a
hearing of the same kind afforded the registered owner.
The hearings shall be recorded, and the person conducting
the hearing on behalf of the traffic compliance
administrator shall be empowered to administer oaths and
to secure by subpoena both the attendance and testimony of
witnesses and the production of relevant books and papers.
Persons appearing at a hearing under this Section may be
represented by counsel at their expense. The ordinance may
also provide for internal administrative review following
the decision of the hearing officer.
(5) Service of additional notices, sent by first class
United States mail, postage prepaid, to the address of the
registered owner of the cited vehicle as recorded with the
Secretary of State or, if any notice to that address is
returned as undeliverable, to the last known address
recorded in a United States Post Office approved database,
or, under Section 11-1306 or subsection (p) of Section
11-208.6 or 11-208.9, or subsection (p) of Section
11-208.8 of this Code, to the lessee of the cited vehicle
at the last address known to the lessor of the cited
vehicle at the time of lease or, if any notice to that

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address is returned as undeliverable, to the last known
address recorded in a United States Post Office approved
database. The service shall be deemed complete as of the
date of deposit in the United States mail. The notices
shall be in the following sequence and shall include, but
not be limited to, the information specified herein:
(i) A second notice of parking, standing, or
compliance violation if the first notice of the
violation was issued by affixing the original or a
facsimile of the notice to the unlawfully parked
vehicle or by handing the notice to the operator. This
notice shall specify or include the date and location
of the violation cited in the parking, standing, or
compliance violation notice, the particular regulation
violated, the vehicle make or a photograph of the
vehicle, the state registration number of the vehicle,
any requirement to complete a traffic education
program, the fine and any penalty that may be assessed
for late payment or failure to complete a traffic
education program, or both, when so provided by
ordinance, the availability of a hearing in which the
violation may be contested on its merits, and the time
and manner in which the hearing may be had. 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

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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 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.
(ii) A notice of final determination of parking,
standing, compliance, automated speed enforcement
system, or automated traffic law violation liability.
This notice shall be sent following a final
determination of parking, standing, compliance,
automated speed enforcement system, or automated
traffic law violation liability and the conclusion of
judicial review procedures taken under this Section.
The notice shall state that the incomplete traffic
education program or the unpaid fine or penalty, or
both, is 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

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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, where applicable, may result in
suspension of the person's driver's license for
failure to complete a traffic education program.
(6) A notice of impending driver's license suspension.
This notice shall be sent to the person liable for failure
to complete a required traffic education program. The
notice shall state that failure to complete a required
traffic education program within 45 days of the notice's
date will result in the municipality or county notifying
the Secretary of State that the person is eligible for
initiation of suspension proceedings under Section 6-306.5
of this Code. The notice shall also state that the person
may obtain a photostatic copy of an original ticket
imposing a fine or penalty by sending a self-addressed,
stamped envelope to the municipality or county along with
a request for the photostatic copy. The notice of
impending driver's 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 last known address recorded in a United States Post
Office approved database.

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(7) Final determinations of violation liability. A
final determination of violation liability shall occur
following failure to complete the required traffic
education program or to pay the fine or penalty, or both,
after a hearing officer's determination of violation
liability and the exhaustion of or failure to exhaust any
administrative review procedures provided by ordinance.
Where a person fails to appear at a hearing to contest the
alleged violation in the time and manner specified in a
prior mailed notice, the hearing officer's determination
of violation liability shall become final: (A) upon denial
of a timely petition to set aside that determination, or
(B) upon expiration of the period for filing the petition
without a filing having been made.
(8) A petition to set aside a determination of
parking, standing, compliance, automated speed enforcement
system, or automated traffic law violation liability that
may be filed by a person owing an unpaid fine or penalty. A
petition to set aside a determination of liability may
also be filed by a person required to complete a traffic
education program. The petition shall be filed with and
ruled upon by the traffic compliance administrator in the
manner and within the time specified by ordinance. The
grounds for the petition may be limited to: (A) the person
not having been the owner or lessee of the cited vehicle on
the date the violation notice was issued, (B) the person

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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. With regard to
municipalities or counties with a population of 1 million
or more, it shall be grounds for dismissal of a parking
violation if the state registration number or vehicle
make, only if specified in the violation notice, is
incorrect. After the determination of parking, standing,
compliance, automated speed enforcement system, or
automated traffic law violation liability has been set
aside upon a showing of just cause, the registered owner
shall be provided with a hearing on the merits for that
violation.
(9) Procedures for non-residents. Procedures by which
persons who are not residents of the municipality or
county may contest the merits of the alleged violation
without attending 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
penalty for any one violation shall not exceed $250,

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except as provided in subsection (c) of Section 11-1301.3
of this Code.
(11) Other provisions as are necessary and proper to
carry into effect the powers granted and purposes stated
in this Section.
(c) Any municipality or county establishing vehicular
standing, parking, compliance, automated speed enforcement
system, or automated traffic law regulations under this
Section may also provide by ordinance for a program of vehicle
immobilization for the purpose of facilitating enforcement of
those regulations. The program of vehicle immobilization shall
provide for immobilizing any eligible vehicle upon the public
way by presence of a restraint in a manner to prevent operation
of the vehicle. Any ordinance establishing a program of
vehicle immobilization under this Section shall provide:
(1) Criteria for the designation of vehicles eligible
for immobilization. A vehicle shall be eligible for
immobilization when the registered owner of the vehicle
has accumulated the number of incomplete traffic education
programs or unpaid final determinations of parking,
standing, compliance, automated speed enforcement system,
or automated traffic law violation liability, or both, as
determined by ordinance.
(2) A notice of impending vehicle immobilization and a
right to a hearing to challenge the validity of the notice
by disproving liability for the incomplete traffic

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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.
(3) The right to a prompt hearing after a vehicle has
been immobilized or subsequently towed without the
completion of the required traffic education program or
payment of the outstanding fines and penalties on parking,
standing, compliance, automated speed enforcement system,
or automated traffic law violations, or both, for which
final determinations have been issued. An order issued
after the hearing is a final administrative decision
within the meaning of Section 3-101 of the Code of Civil
Procedure.
(4) A post immobilization and post-towing notice
advising the registered owner of the vehicle of the right
to a hearing to challenge the validity of the impoundment.
(d) Judicial review of final determinations of parking,
standing, compliance, automated speed enforcement system, or
automated traffic law violations and final administrative
decisions issued after hearings regarding vehicle
immobilization and impoundment made under this Section shall
be subject to the provisions of the Administrative Review Law.
(e) Any fine, penalty, incomplete traffic education
program, or part of any fine or any penalty remaining unpaid
after the exhaustion of, or the failure to exhaust,

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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. Completion of any
required traffic education program and payment in full of any
fine or penalty resulting from a standing, parking,
compliance, automated speed enforcement system, or automated
traffic law violation shall constitute a final disposition of
that violation.
(f) After the expiration of the period within which
judicial review may be sought for a final determination of
parking, standing, compliance, automated speed enforcement
system, or automated traffic law violation, the municipality
or county may commence a proceeding in the Circuit Court for
purposes of obtaining a judgment on the final determination of
violation. Nothing in this Section shall prevent a
municipality or county from consolidating multiple final
determinations of parking, standing, compliance, automated
speed enforcement system, or automated traffic law violations
against a person in a proceeding. 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 violation was issued in accordance with

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this Section and the applicable municipal or county ordinance.
Service of the summons and a copy of the petition may be by any
method provided by Section 2-203 of the Code of Civil
Procedure or by certified mail, return receipt requested,
provided that the total amount of fines and penalties for
final determinations of parking, standing, compliance,
automated speed enforcement system, or automated traffic law
violations does not exceed $2500. If the court is satisfied
that the final determination of parking, standing, compliance,
automated speed enforcement system, or automated traffic law
violation was entered in accordance with the requirements of
this Section and the applicable municipal or county ordinance,
and that the registered owner or the lessee, as the case may
be, had an opportunity for an administrative hearing and for
judicial review as provided in this Section, the court shall
render judgment in favor of the municipality or county and
against the registered owner or the lessee for the amount
indicated in the final determination of parking, standing,
compliance, automated speed enforcement system, or automated
traffic law violation, plus costs. The judgment shall have the
same effect and may be enforced in the same manner as other
judgments for the recovery of money.
(g) The fee for participating in a traffic education
program under this Section shall not exceed $25.
A low-income individual required to complete a traffic
education program under this Section who provides proof of

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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.
(h) Notwithstanding any other provision of law to the
contrary, a person shall not be liable for violations, fees,
fines, or penalties under this Section during the period in
which the motor vehicle was stolen or hijacked, as indicated
in a report to the appropriate law enforcement agency filed in
a timely manner.
(Source: P.A. 101-32, eff. 6-28-19; 101-623, eff. 7-1-20;
101-652, eff. 7-1-21; 102-558, eff. 8-20-21; 102-905, eff.
1-1-23.)
(625 ILCS 5/11-208.8)
Sec. 11-208.8. Automated speed enforcement systems in
safety zones.
(a) As used in this Section:
"Automated speed enforcement system" means a photographic
device, radar device, laser device, or other electrical or
mechanical device or devices installed or utilized in a safety
zone and designed to record the speed of a vehicle and obtain a
clear photograph or other recorded image of the vehicle and
the vehicle's registration plate or digital registration plate
while the driver is violating Article VI of Chapter 11 of this

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Code or a similar provision of a local ordinance.
An automated speed enforcement system is a system, located
in a safety zone which is under the jurisdiction of a
municipality, 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 recorded
image must also display the time, date, and location of the
violation.
"Owner" means the person or entity to whom the vehicle is
registered.
"Recorded image" means images recorded by an automated
speed enforcement system on:
(1) 2 or more photographs;
(2) 2 or more microphotographs;
(3) 2 or more electronic images; or
(4) a video recording showing the motor vehicle and,
on at least one image or portion of the recording, clearly
identifying the registration plate or digital registration
plate number of the motor vehicle.
"Safety zone" means an area that is within one-eighth of a
mile from the nearest property line of any public or private
elementary or secondary school, or from the nearest property
line of any facility, area, or land owned by a school district
that is used for educational purposes approved by the Illinois
State Board of Education, not including school district

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headquarters or administrative buildings. A safety zone also
includes an area that is within one-eighth of a mile from the
nearest property line of any facility, area, or land owned by a
park district used for recreational purposes. However, if any
portion of a roadway is within either one-eighth mile radius,
the safety zone also shall include the roadway extended to the
furthest portion of the next furthest intersection. The term
"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.
(a-5) The automated speed enforcement system shall be
operational and violations shall be recorded only at the
following times:
(i) if the safety zone is based upon the property line
of any facility, area, or land owned by a school district,
only on school days and no earlier than 6 a.m. and no later
than 8:30 p.m. if the school day is during the period of
Monday through Thursday, or 9 p.m. if the school day is a
Friday; and
(ii) if the safety zone is based upon the property
line of any facility, area, or land owned by a park
district, no earlier than one hour prior to the time that
the facility, area, or land is open to the public or other
patrons, and no later than one hour after the facility,
area, or land is closed to the public or other patrons.
(b) A municipality that produces a recorded image of a

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motor vehicle's violation of a provision of this Code or a
local ordinance must make the recorded images of a violation
accessible to the alleged violator by providing the alleged
violator with a website address, accessible through the
Internet.
(c) Notwithstanding any penalties for any other violations
of this Code, the owner of a motor vehicle used in a traffic
violation recorded by an automated speed enforcement system
shall be subject to the following penalties:
(1) if the recorded speed is no less than 6 miles per
hour and no more than 10 miles per hour over the legal
speed limit, a civil penalty not exceeding $50, plus an
additional penalty of not more than $50 for failure to pay
the original penalty in a timely manner; or
(2) if the recorded speed is more than 10 miles per
hour over the legal speed limit, a civil penalty not
exceeding $100, plus an additional penalty of not more
than $100 for failure to pay the original penalty in a
timely manner.
A penalty may not be imposed under this Section if the
driver of the motor vehicle received a Uniform Traffic
Citation from a police officer for a speeding violation
occurring within one-eighth of a mile and 15 minutes of the
violation that was recorded by the system. A violation for
which a civil penalty is imposed under this Section is not a
violation of a traffic regulation governing the movement of

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vehicles and may not be recorded on the driving record of the
owner of the vehicle. A law enforcement officer is not
required to be present or to witness the violation. No penalty
may be imposed under this Section if the recorded speed of a
vehicle is 5 miles per hour or less over the legal speed limit.
The municipality may send, in the same manner that notices are
sent under this Section, a speed violation warning notice
where the violation involves a speed of 5 miles per hour or
less above the legal speed limit.
(d) The net proceeds that a municipality receives from
civil penalties imposed under an automated speed enforcement
system, after deducting all non-personnel and personnel costs
associated with the operation and maintenance of such system,
shall be expended or obligated by the municipality for the
following purposes:
(i) public safety initiatives to ensure safe passage
around schools, and to provide police protection and
surveillance around schools and parks, including but not
limited to: (1) personnel costs; and (2) non-personnel
costs such as construction and maintenance of public
safety infrastructure and equipment;
(ii) initiatives to improve pedestrian and traffic
safety;
(iii) construction and maintenance of infrastructure
within the municipality, including but not limited to
roads and bridges; and

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(iv) after school programs.
(e) For each violation of a provision of this Code or a
local ordinance recorded by an automated speed enforcement
system, the municipality having jurisdiction shall issue a
written notice of the violation to the registered owner of the
vehicle as the alleged violator. The notice shall be delivered
to the registered owner of the vehicle, by mail, within 30 days
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.
(f) The notice required under subsection (e) of this
Section shall include:
(1) the name and address of the registered owner of
the vehicle;
(2) the registration number of the motor vehicle
involved in the violation;
(3) the violation charged;
(4) the date, time, and location where the violation
occurred;
(5) a copy of the recorded image or images;
(6) the amount of the civil penalty imposed and the
date by which the civil penalty should be paid;
(7) a statement that recorded images are evidence of a
violation of a speed restriction;
(8) a warning that failure to pay the civil penalty or
to contest liability in a timely manner is an admission of

HB3539 - 35 - LRB103 29741 MXP 56147 b
liability;
(9) a statement that the person may elect to proceed
by:
(A) paying the fine; or
(B) challenging the charge in court, by mail, or
by administrative hearing; and
(10) a website address, accessible through the
Internet, where the person may view the recorded images of
the violation.
(g) (Blank).
(h) Based on inspection of recorded images produced by an
automated speed enforcement system, a notice alleging that the
violation occurred shall be evidence of the facts contained in
the notice and admissible in any proceeding alleging a
violation under this Section.
(i) Recorded images made by an automated speed enforcement
system are confidential and shall be made available only to
the alleged violator and governmental and law enforcement
agencies for purposes of adjudicating a violation of this
Section, for statistical purposes, or for other governmental
purposes. Any recorded image evidencing a violation of this
Section, however, may be admissible in any proceeding
resulting from the issuance of the citation.
(j) The court or hearing officer may consider in defense
of a violation:
(1) that the motor vehicle or registration plates or

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digital registration plates of the motor vehicle were
stolen before the violation occurred and not under the
control or in the possession of the owner or lessee at the
time 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
violation;
(2) that the driver of the motor vehicle received a
Uniform Traffic Citation from a police officer for a
speeding violation occurring within one-eighth of a mile
and 15 minutes of the violation that was recorded by the
system; and
(3) any other evidence or issues provided by municipal
ordinance.
(k) To demonstrate that the motor vehicle was hijacked or
the motor vehicle or registration plates or digital
registration plates were stolen before the violation occurred
and were not under the control or possession of the owner or
lessee at the time of the violation, the owner or lessee must
submit proof that a report concerning the motor vehicle or
registration plates was filed with a law enforcement agency in
a timely manner.
(l) A roadway equipped with an automated speed enforcement
system shall be posted with a sign conforming to the national
Manual on Uniform Traffic Control Devices that is visible to

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approaching traffic stating that vehicle speeds are being
photo-enforced and indicating the speed limit. The
municipality shall install such additional signage as it
determines is necessary to give reasonable notice to drivers
as to where automated speed enforcement systems are installed.
(m) A roadway where a new automated speed enforcement
system is installed shall be posted with signs providing 30
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.
(n) The compensation paid for an automated speed
enforcement system must be based on the value of the equipment
or the services provided and may not be based on the number of
traffic citations issued or the revenue generated by the
system.
(o) (Blank).
(p) No person who is the lessor of a motor vehicle pursuant
to a written lease agreement shall be liable for an automated
speed or traffic law enforcement system violation involving
such motor vehicle during the period of the lease; provided
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. The drivers license number of a lessee
may be subsequently individually requested by the appropriate
authority if needed for enforcement of this Section.

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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
issue a violation to a registered owner of a vehicle pursuant
to this Section, and the lessee may be held liable for the
violation.
(q) A municipality using an automated speed enforcement
system must provide notice to drivers by publishing the
locations of all safety zones where system equipment is
installed on the website of the municipality.
(r) A municipality operating an automated speed
enforcement system shall conduct a statistical analysis to
assess the safety impact of the system. The statistical
analysis shall be based upon the best available crash,
traffic, and other data, and shall cover a period of time
before and after installation of the system sufficient to
provide a statistically valid comparison of safety impact. The
statistical analysis shall be consistent with professional
judgment and acceptable industry practice. The statistical
analysis also shall be consistent with the data required for
valid comparisons of before and after conditions and shall be
conducted within a reasonable period following the
installation of the automated traffic law enforcement system.
The statistical analysis required by this subsection shall be
made available to the public and shall be published on the
website of the municipality.

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(s) This Section applies only to municipalities with a
population of 1,000,000 or more inhabitants.
(t) Except as provided in this Section, a county or
municipality, including a home rule county or municipality,
may not use an automated speed enforcement system to provide
recorded images of a motor vehicle for the purpose of
recording its speed. Except as provided under this Section,
the regulation of the use of automated speed enforcement
systems to record vehicle speeds is an exclusive power and
function of the State. This subsection (c) is a denial and
limitation of home rule powers and functions under subsection
(h) of Section 6 of Article VII of the Illinois Constitution.
(Source: P.A. 101-395, eff. 8-16-19; 101-652, eff. 7-1-21;
102-905, eff. 1-1-23.)
(625 ILCS 5/11-208.6 rep.)
Section 10. The Illinois Vehicle Code is amended by
repealing Section 11-208.6.
Section 90. The State Mandates Act is amended by adding
Section 8.47 as follows:
(30 ILCS 805/8.47 new)
Sec. 8.47. Exempt mandate. Notwithstanding Sections 6 and
8 of this Act, no reimbursement by the State is required for
the implementation of any mandate created by this amendatory

HB3539 - 40 - LRB103 29741 MXP 56147 b
Act of the 103rd General Assembly.