Bill Amendment: IL SB0633 | 2015-2016 | 99th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: TRANSPORTATION-TECH

Status: 2016-07-31 - Senate Floor Amendment No. 1 Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB0633 Detail]

Download: Illinois-2015-SB0633-Senate_Amendment_001.html

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Sen. John M. Sullivan

Filed: 3/16/2016

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AMENDMENT TO SENATE BILL 633
AMENDMENT NO. ______. Amend Senate Bill 633 XXXX by
replacing everything after the enacting clause with the
following:
"Section 5. The Illinois Pension Code is amended by adding
Sections 3-125.3, 5-168.3, 7-171.1, and 9-169.5 as follows:
(40 ILCS 5/3-125.3 new)
Sec. 3-125.3. Income from certain fees. Any fees received
by the Fund under Section 20 of the Automated Traffic Control
Systems in Highway Construction or Maintenance Zones Act: (i)
shall not be considered payment of any employer contribution
required under Section 3-125 and shall not be offset against or
paid in lieu of any such required contribution; but (ii) shall
be considered assets of the Fund and shall be considered in
calculating the amount of future required employer
contributions to the Fund.

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(40 ILCS 5/5-168.3 new)
Sec. 5-168.3. Income from certain fees. Any fees received
by the Fund under Section 20 of the Automated Traffic Control
Systems in Highway Construction or Maintenance Zones Act: (i)
shall not be considered payment of any employer contribution
required under Section 5-168 and shall not be offset against or
paid in lieu of any such required contribution; but (ii) shall
be considered assets of the Fund and shall be considered in
calculating the amount of future required employer
contributions to the Fund.
(40 ILCS 5/7-171.1 new)
Sec. 7-171.1. Income from certain fees. Any fees received
by the Fund under Section 20 of the Automated Traffic Control
Systems in Highway Construction or Maintenance Zones Act from a
participating municipality: (i) shall not be considered
payment of any employer contribution required of that
municipality under Section 7-172 and shall not be offset
against or paid in lieu of any such required contribution; but
(ii) shall be considered assets of the Fund and credited to the
appropriate account of the municipality, and shall be
considered in calculating the amount of that municipality's
future required employer contributions to the Fund.
(40 ILCS 5/9-169.5 new)

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Sec. 9-169.5. Income from certain fees. Any fees received
by the Fund under Section 20 of the Automated Traffic Control
Systems in Highway Construction or Maintenance Zones Act: (i)
shall not be considered payment of any employer contribution
required under Sections 9-169 and 9-170.2, and shall not be
offset against or paid in lieu of any such required
contribution; but (ii) shall be considered assets of the Fund
and shall be considered in calculating the amount of future
required employer contributions to the Fund.
Section 10. The Illinois Vehicle Code is amended by
changing Sections 3-704 and 11-605.1 as follows:
(625 ILCS 5/3-704) (from Ch. 95 1/2, par. 3-704)
Sec. 3-704. Authority of Secretary of State to suspend or
revoke a registration or certificate of title; authority to
suspend or revoke the registration of a vehicle.
(a) The Secretary of State may suspend or revoke the
registration of a vehicle or a certificate of title,
registration card, registration sticker, registration plate,
disability parking decal or device, or any nonresident or other
permit in any of the following events:
1. When the Secretary of State is satisfied that such
registration or that such certificate, card, plate,
registration sticker or permit was fraudulently or
erroneously issued;

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2. When a registered vehicle has been dismantled or
wrecked or is not properly equipped;
3. When the Secretary of State determines that any
required fees have not been paid to the Secretary of State,
to the Illinois Commerce Commission, or to the Illinois
Department of Revenue under the Motor Fuel Tax Law, and the
same are not paid upon reasonable notice and demand;
4. When a registration card, registration plate,
registration sticker or permit is knowingly displayed upon
a vehicle other than the one for which issued;
5. When the Secretary of State determines that the
owner has committed any offense under this Chapter
involving the registration or the certificate, card,
plate, registration sticker or permit to be suspended or
revoked;
6. When the Secretary of State determines that a
vehicle registered not-for-hire is used or operated
for-hire unlawfully, or used or operated for purposes other
than those authorized;
7. When the Secretary of State determines that an owner
of a for-hire motor vehicle has failed to give proof of
financial responsibility as required by this Act;
8. When the Secretary determines that the vehicle is
not subject to or eligible for a registration;
9. When the Secretary determines that the owner of a
vehicle registered under the mileage weight tax option

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fails to maintain the records specified by law, or fails to
file the reports required by law, or that such vehicle is
not equipped with an operable and operating speedometer or
odometer;
10. When the Secretary of State is so authorized under
any other provision of law;
11. When the Secretary of State determines that the
holder of a disability parking decal or device has
committed any offense under Chapter 11 of this Code
involving the use of a disability parking decal or device.
(a-5) The Secretary of State may revoke a certificate of
title and registration card and issue a corrected certificate
of title and registration card, at no fee to the vehicle owner
or lienholder, if there is proof that the vehicle
identification number is erroneously shown on the original
certificate of title.
(b) The Secretary of State may suspend or revoke the
registration of a vehicle as follows:
1. When the Secretary of State determines that the
owner of a vehicle has not paid a civil penalty or a
settlement agreement arising from the violation of rules
adopted under the Illinois Motor Carrier Safety Law or the
Illinois Hazardous Materials Transportation Act or that a
vehicle, regardless of ownership, was the subject of
violations of these rules that resulted in a civil penalty
or settlement agreement which remains unpaid.

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2. When the Secretary of State determines that a
vehicle registered for a gross weight of more than 16,000
pounds within an affected area is not in compliance with
the provisions of Section 13-109.1 of the Illinois Vehicle
Code.
3. When the Secretary of State is notified by the
United States Department of Transportation that a vehicle
is in violation of the Federal Motor Carrier Safety
Regulations, as they are now or hereafter amended, and is
prohibited from operating.
(c) The Secretary of State may suspend the registration of
a vehicle when a court finds that the vehicle was used in a
violation of Section 24-3A of the Criminal Code of 1961 or the
Criminal Code of 2012 relating to gunrunning. A suspension of
registration under this subsection (c) may be for a period of
up to 90 days.
(d) The Secretary of State shall not renew the registration
of a vehicle when the Secretary finds that the registered owner
of a vehicle used in violation of the Automated Traffic Control
Systems in Highway Construction or Maintenance Zones Act: (1)
has failed to pay any penalty due and owing as a result of 3
violations under the Automated Traffic Control Systems in
Highway Construction or Maintenance Zones Act; or (2) is more
than 30 calendar days in default of a payment plan. The
Secretary of State shall adopt rules to implement this
subsection (d).

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(Source: P.A. 97-540, eff. 1-1-12; 97-1150, eff. 1-25-13.)
(625 ILCS 5/11-605.1)
Sec. 11-605.1. Special limit while traveling through a
highway construction or maintenance speed zone.
(a) A person may not operate a motor vehicle in a
construction or maintenance speed zone at a speed in excess of
the posted speed limit when workers are present.
(a-5) A person may not operate a motor vehicle in a
construction or maintenance speed zone at a speed in excess of
the posted speed limit when workers are not present.
(b) Nothing in this Chapter prohibits the use of electronic
speed-detecting devices within 500 feet of signs within a
construction or maintenance speed zone as defined by the
Automated Traffic Control Systems in Highway Construction or
Maintenance Zones Act. A violation incurred by use of
electronic speed-detecting devices shall not constitute a
first or subsequent violation of this Section for purposes of
fines or driver's license suspensions indicating the zone, as
defined in this Section, nor shall evidence obtained by use of
those devices be inadmissible in any prosecution for speeding,
provided the use of the device shall apply only to the
enforcement of the speed limit in the construction or
maintenance speed zone.
(c) As used in this Section, a "construction or maintenance
speed zone" is an area in which the Department, Toll Highway

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Authority, or local agency is preparing for construction or
maintenance, conducting construction or maintenance, or
removing construction or maintenance equipment and materials,
and has posted signage advising drivers that a construction or
maintenance speed zone is being approached, or in which the
Department, Authority, or local agency has posted a lower speed
limit with a highway construction or maintenance speed zone
special speed limit sign after determining that the preexisting
established speed limit through a highway construction or
maintenance project is greater than is reasonable or safe with
respect to the conditions expected to exist in the construction
or maintenance speed zone.
If it is determined that the preexisting established speed
limit is safe with respect to the conditions expected to exist
in the construction or maintenance speed zone, additional speed
limit signs which conform to the requirements of this
subsection (c) shall be posted.
Highway construction or maintenance speed zone special
speed limit signs shall be of a design approved by the
Department. The signs must give proper due warning that a
construction or maintenance speed zone is being approached and
must indicate the maximum speed limit in effect. The signs also
must state the amount of the potential fines minimum fine for a
violation or automated violation.
(d) Except as provided under subsection (d-5), a person who
violates this Section is guilty of a petty offense. Violations

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of this Section are punishable with a minimum fine of $250 for
the first violation and a minimum fine of $750 for the second
or subsequent violation.
(d-5) A person committing a violation of this Section is
guilty of aggravated special speed limit while traveling
through a highway construction or maintenance speed zone when
he or she drives a motor vehicle at a speed that is:
(1) 26 miles per hour or more but less than 35 miles
per hour in excess of the applicable special speed limit
established under this Section or a similar provision of a
local ordinance and is guilty of a Class B misdemeanor; or
(2) 35 miles per hour or more in excess of the
applicable special speed limit established under this
Section or a similar provision of a local ordinance and is
guilty of a Class A misdemeanor.
(e) If a fine for a violation of this Section is $250 or
greater, the person who violated this Section shall be charged
an additional $125, which shall be deposited into the
Transportation Safety Highway Hire-back Fund in the State
treasury, unless (i) the violation occurred on a highway other
than an interstate highway and (ii) a county police officer
wrote the ticket for the violation, in which case the $125
shall be deposited into that county's Transportation Safety
Highway Hire-back Fund. In the case of a second or subsequent
violation of this Section, if the fine is $750 or greater, the
person who violated this Section shall be charged an additional

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$250, which shall be deposited into the Transportation Safety
Highway Hire-back Fund in the State treasury, unless (i) the
violation occurred on a highway other than an interstate
highway and (ii) a county police officer wrote the ticket for
the violation, in which case the $250 shall be deposited into
that county's Transportation Safety Highway Hire-back Fund.
(e-5) The Department of State Police and the local county
police department have concurrent jurisdiction over any
violation of this Section that occurs on an interstate highway.
(f) The Transportation Safety Highway Hire-back Fund,
which was created by Public Act 92-619, shall continue to be a
special fund in the State treasury. Subject to appropriation by
the General Assembly and approval by the Secretary, the
Secretary of Transportation shall use all moneys in the
Transportation Safety Highway Hire-back Fund to hire off-duty
Department of State Police officers to monitor construction or
maintenance zones, and to provide additional policing as
determined by the Director of the Department of State Police,
including State Police cadet training.
(f-5) Each county shall create a Transportation Safety
Highway Hire-back Fund. The county shall use the moneys in its
Transportation Safety Highway Hire-back Fund to hire off-duty
county police officers to monitor construction or maintenance
zones in that county on highways other than interstate
highways, and to provide additional policing as determined by
the sheriff. The county, in its discretion, may also use a

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portion of the moneys in its Transportation Safety Highway
Hire-back Fund to purchase equipment for county law enforcement
and fund the production of materials to educate drivers on
construction zone safe driving habits.
(f-10) Each local agency operating an automated control
system under the Automated Traffic Control Systems in Highway
Construction or Maintenance Zones Act may create a
Transportation Safety Highway Hire-back Fund to hire off-duty
law enforcement officers to monitor construction or
maintenance zones within that agency's jurisdiction and
provide additional policing within that agency's jurisdiction.
(g) For a second or subsequent violation of this Section
within 2 years of the date of the previous violation, the
Secretary of State shall suspend the driver's license of the
violator for a period of 90 days. This suspension shall only be
imposed if the current violation of this Section and at least
one prior violation of this Section occurred during a period
when workers were present in the construction or maintenance
zone.
(Source: P.A. 98-337, eff. 1-1-14; 99-212, eff. 1-1-16; 99-280,
eff. 1-1-16; revised 10-15-15.)
Section 15. The Automated Traffic Control Systems in
Highway Construction or Maintenance Zones Act is amended by
changing Sections 10, 15, 20, 25, 30, 35, and 40 as follows:

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(625 ILCS 7/10)
Sec. 10. Establishment of automated traffic control
systems. The Department of State Police or local agency with
jurisdiction may establish and enforce an automated traffic
control system in any construction or maintenance zone
established by the Department of Transportation, or the
Illinois State Toll Highway Authority, or local agency with
jurisdiction. The Department of State Police or local agency
shall operate a technically advanced system in terms of image
or video recording capabilities in combination with vehicle
detection sensors. The Department of State Police shall create
rules for the establishment, compatibility, and enforcement of
an automated traffic control system under this Act, and shall
review and send notice of any violation of this Act. The State,
county, or local agency with jurisdiction shall be responsible
for entering into contracts with vendors for the installation,
maintenance, and operation of the automated traffic control
system. The State Police shall review all the evidence of
potential violations, make violation determinations, and send
out all notices of violations. An automated traffic control
system may operate only during those periods when workers are
present in the construction or maintenance zone. In any
prosecution based upon evidence obtained through an automated
traffic control system established under this Act, the State
must prove that one or more workers were present in the
construction or maintenance zone when the violation occurred.

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(Source: P.A. 93-947, eff. 8-19-04; 94-757, eff. 5-12-06;
94-814, eff. 1-1-07.)
(625 ILCS 7/15)
Sec. 15. Definitions. As used in this Act:
(a) "Automated traffic control system" means any system
with image or video recording capabilities in combination with
vehicle detection sensors that accurately measures a vehicle's
speed while recording a clear image or video of the vehicle and
the vehicle's front and rear registration plates while the
driver is violating Section 20 of this Act. a photographic
device, radar device, laser device, or other electrical or
mechanical device or devices designed to record the speed of a
vehicle and obtain a clear photograph or other recorded image
of the vehicle, the vehicle operator, and the vehicle's
registration plate while the driver is violating Section
11-605.1 of the Illinois Vehicle Code. The photograph or other
recorded image must also display the time, date, and location
of the violation. A law enforcement officer is not required to
be present or to witness the violation.
(b) "Construction or maintenance zone" means an area in
which the Department of Transportation, or the Illinois State
Toll Highway Authority, or local agency with jurisdiction is
preparing for construction or maintenance, conducting
construction or maintenance, or removing construction or
maintenance equipment and materials, and has determined that

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the preexisting established speed limit through a highway
construction or maintenance project is greater than is
reasonable or safe with respect to the conditions expected to
exist in the construction or maintenance zone and has posted a
lower speed limit with a highway construction or maintenance
zone special speed limit sign in accordance with Section
11-605.1 of the Illinois Vehicle Code.
"Local agency with jurisdiction" means the municipality or
county conducting enforcement under this Act. Local agency
enforcement is limited to all or any portion of a State highway
or road where speed limits exceed 40 miles per hour before
establishment of a construction or maintenance zone.
(c) "Owner" means the person or entity to whom the vehicle
is registered.
(Source: P.A. 93-947, eff. 8-19-04.)
(625 ILCS 7/20)
Sec. 20. Civil violation; penalties; vehicle registration
non-renewal Penalties.
(a) A motor vehicle may not operate in a construction or
maintenance zone at a speed in excess of the posted speed
limit. The registered owner of a motor vehicle operated in
violation of this Section when the violation is recorded by an
automated traffic control system shall be subject to the
following penalties:
(1) if the recorded speed is less than 10 miles per

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hour over the posted speed limit, a civil penalty may not
be imposed under this Act; however, the Department of State
Police may send a speed violation warning notice to the
registered owner of the vehicle, in the same manner that a
Notice of Violation is sent under this Act;
(2) if the recorded speed is at least 10 miles per hour
but less than 20 miles per hour over the posted speed
limit, a civil penalty of $50 is imposed, and if the
penalty is not paid in a timely manner an additional
penalty of $50 is imposed; or
(3) if the recorded speed is 20 miles per hour or more
over the posted speed limit, a civil penalty of $100 is
imposed, and if the penalty is not paid in a timely manner
an additional penalty of $100 is imposed.
(b) A violation of this Section is a civil penalty, and not
a violation of a traffic regulation governing the movement of
vehicles and may not be recorded on the driving record of the
owner of the vehicle.
(c) In addition to the penalties imposed under this
Section, the Secretary of State shall not renew the vehicle
registration of the registered owner of a vehicle operated in
violation of this Section, if the owner: (1) has failed to pay
any penalty due and owing as a result of 3 violations of this
Section; or (2) is more than 30 calendar days in default of a
payment plan. The Secretary of State shall adopt rules to
implement this Section.

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(d) Forty percent of the penalties collected under an
automated traffic control system established by a local agency
shall be deposited into the pension fund or retirement system
that local law enforcement officers contribute to, within 30
days of receipt of the money, as determined by the county
sheriff or the chief of police of the local agency with
jurisdiction.
(d-5) Forty percent of the penalties collected under an
automated traffic control system established by the Department
of State Police, the Department of Transportation, or the
Illinois State Toll Highway Authority, shall be deposited into
the State Police Merit Board Public Safety Fund for
distribution under Section 7.2 of the State Police Act.
(e) Ten percent of the penalties collected under an
automated traffic control system established by the Department
of State Police, the Department of Transportation, or the
Illinois State Toll Highway Authority, shall be deposited into
the State Transportation Safety Highway Hire-back Fund. Ten
percent of the penalties collected under an automated traffic
control system established by a local agency with jurisdiction
shall be deposited as follows: 5% into the Transportation
Safety Highway Hire-back Fund of the local agency with
jurisdiction, if a fund exists, and 5% into the State
Transportation Safety Highway Hire-back Fund. If the local
agency with jurisdiction does not have a Transportation Safety
Highway Hire-back Fund, then 10% of the penalties collected

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under an automated traffic control system established by a
local agency with jurisdiction shall be deposited into the
State Transportation Safety Highway Hire-back Fund. The funds
deposited into the State Transportation Safety Highway
Hire-back Fund or the Transportation Safety Highway Hire-back
Fund of the local agency with jurisdiction under this
subsection (e) shall be used to hire off-duty Department of
State Police or local agency officers to monitor construction
or maintenance zones and provide for additional policing. The
Department of State Police may recover enforcement and
administrative costs from enforcement penalties collected
under this Act, but the amount collected shall not exceed 10%
of the total penalties collected under this Act. A local agency
with jurisdiction may establish a Safety Highway Hire-back Fund
to receive revenues under this Section. The Department of State
Police shall adopt rules to implement this subsection (e).
(f) The Department of State Police and the Department of
Transportation shall jointly conduct an annual 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 the installation of the system sufficient
to provide a statistically valid comparison of the safety
impact. The statistical analysis required by this subsection
(f) shall be made available to the public and shall be
published on the websites of the Department of State Police and

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the Department of Transportation.
(g) The Secretary of State and Department of State Police
shall adopt rules for collection of penalties, conduct of
administrative proceedings, and other rules necessary to
implement this Act. The rules adopted must allow for a 60-day
period to pay a penalty or challenge each attested Notice of
Violation.
The penalties for and consequences of a traffic violation
recorded by an automated traffic control system are the same as
for any similar violation of the Illinois Vehicle Code.
(Source: P.A. 93-947, eff. 8-19-04.)
(625 ILCS 7/25)
Sec. 25. Limitations on the use of automated traffic
control enforcement systems.
(a) The Department of State Police or local agency with
jurisdiction must conduct a public information campaign to
inform drivers about the use of automated traffic control
systems in highway construction or maintenance zones,
including but not limited to speed restrictions under Sections
11-601.5 and 11-605.1 of the Illinois Vehicle Code and
penalties for injuring or killing a worker in a highway
construction or maintenance zone under Section 11-908 of the
Illinois Vehicle Code before establishing any of those systems.
The Department of State Police shall adopt rules for
implementing this subsection (a).

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(b) Signs indicating that speeds are enforced by automated
traffic control systems must be clearly and conspicuously
posted in the areas where the systems are in use.
(c) Operation of automated traffic control systems is
limited to established areas where road construction or
maintenance zones is occurring.
(d) Photographs or other recorded images obtained in this
manner may only be used as evidence in relation to a violation
of this Act or Section 11-605.1 of the Illinois Vehicle Code
for which the photograph is taken. For the purposes of this
Act, the The photographs or other recorded images are available
only to the owner of the vehicle, the driver of the vehicle,
the lessee of the vehicle, the offender and the offender's
attorney of the owner or driver or lessee, hearing officer,
relevant Secretary of State personnel the judiciary, the local
State's Attorney, and law enforcement officials.
(e) (Blank). If the driver of the vehicle cannot be
identified through the photograph, the owner is not liable for
the fine, and the citation may not be counted against the
driving record of the owner. If the driver can be identified,
the driver is liable for the fine, and the violation is counted
against his or her driving record.
(Source: P.A. 93-947, eff. 8-19-04.)
(625 ILCS 7/30)
Sec. 30. Requirements for issuance of a Notice of Violation

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citation.
(a) The vehicle, vehicle operator, vehicle registration
plate, speed, date, time, and location must be clearly visible
on the photograph or other recorded image of the alleged
violation. The Department of State Police must review and
approve the photograph or other recorded image for compliance
with this subsection. The Department of State Police shall
adopt rules for: (1) coordination of enforcement efforts with
State agencies, local agencies with jurisdiction, and the
Secretary of State; (2) notices to motorists; and (3) review
and approval of photographs or other recorded images from
automated traffic control systems established by the
Department or a local agency with jurisdiction. The rules may
provide that the review and approval of the photograph or other
recorded image under this subsection may be conducted by a
Department employee other than a sworn law enforcement officer.
(b) A Notice of Violation Uniform Traffic Citation must be
mailed by first class United States mail with postage prepaid
or otherwise delivered to the registered owner of the vehicle .
If mailed, the citation must be sent via certified mail within
14 business days of the alleged violation, return receipt
requested.
(c) The Notice of Violation Uniform Traffic Citation must
include:
(1) the name and address of the vehicle owner;
(2) the registration number of the vehicle;

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(3) the violation offense charged;
(4) the time, date, and location of the violation;
(5) (blank) the first available court date; and
(6) notice that the basis of the violation citation is
the photograph or recorded image from the automated traffic
control system; .
(7) a copy of the recorded image or images and a
statement that the violation occurred in a construction or
maintenance zone, as defined by Section 15 of this Act;
(8) the amount of the civil penalty imposed and the
date by which the civil penalty should be paid;
(9) a statement that recorded images are evidence of a
violation of a speed restriction;
(10) a warning that failure to pay the civil penalty in
a timely manner is an admission of liability and may result
in the non-renewal of the vehicle registration of the owner
of the vehicle;
(11) a statement that the person may elect to proceed
by:
(A) paying the fine;
(B) challenging the charge by mail or by
administrative hearing; or
(C) challenging the charge by any administrative
rule adopted by the Secretary of State under this Act;
and
(12) a website address where the owner may view the

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recorded images of the violation.
(d) The Notice of Violation Uniform Traffic Citation issued
to the owner violator must be a single sheet. accompanied by a
written document that lists the violator's rights and
obligations and explains how the violator can elect to proceed
by either paying the fine or challenging the issuance of the
The written document must also include on the backside of the
sheet information on penalties for injuring or killing a worker
in a highway construction or maintenance zone Uniform Traffic
Citation.
(Source: P.A. 93-947, eff. 8-19-04; 94-757, eff. 5-12-06;
94-814, eff. 1-1-07.)
(625 ILCS 7/35)
Sec. 35. Response to issuance of a Notice of Violation
citation.
(a) If a A person issued a Notice of Violation citation
under this Act (1) has failed to pay any penalty due and owing
as a result of 3 violations under the Automated Traffic Control
Systems in Highway Construction or Maintenance Zones Act; or
(2) is more than 30 calendar days in default of a payment plan,
the Secretary of State shall not renew the registration of the
owner of the vehicle. The Secretary of State shall adopt rules
to implement this Section may respond to the citation in person
or by any method allowed by law.
(b) (Blank). If the driver of the vehicle cannot be

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identified through the photograph or other recorded image, the
owner is not liable for the fine.
(c) The Secretary of State shall adopt rules to allow for
coordination with the Department of State Police, other State
agencies, and local agencies with jurisdiction to enforce this
Section. The rules adopted shall not allow for less than 60
days for a vehicle owner to either pay the violation or
challenge the violation by mail, administrative hearing, or any
other procedure established by rule. The rules shall provide a
process by which a vehicle owner may transfer liability for a
violation under this Act to the driver of the owner's vehicle
and a process by which a lessor may transfer liability for a
violation under this Act to the lessee of the lessor's vehicle.
The Secretary of State may recover the costs of conducting
administrative hearings from penalties collected under this
Act, which may not exceed 10% of the total penalties collected
under this Act.
(d) In an administrative proceeding challenging the
violation, the hearing officer may consider in defense of a
violation:
(1) that the motor vehicle or registration plate of the
motor vehicle were stolen before the violation occurred and
were not under the control of or in the possession of the
owner at the time of the violation;
(2) that the driver or owner of the motor vehicle
received a Uniform Traffic Citation from a law enforcement

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officer for a speed violation occurring within one-eighth
of a mile and within 15 minutes of the violation recorded
by the automated traffic control system;
(3) that the owner of the vehicle has transferred
liability to the driver;
(4) that clear and conspicuous signs were not displayed
at the construction or maintenance zone;
(5) that the Department of Transportation, Illinois
State Toll Highway Authority, or local agency with
jurisdiction did not properly establish a construction or
maintenance zone as defined under Section 15 of this Act;
or
(6) any other evidence or issues allowed by
administrative rule adopted under this Act.
(Source: P.A. 93-947, eff. 8-19-04.)
(625 ILCS 7/40)
Sec. 40. Admissibility of recorded images. Any Except as
provided in Section 45, any photograph or other recorded image
evidencing a violation of this Act or Section 11-605.1 of the
Illinois Vehicle Code is admissible in any proceeding resulting
from the issuance of the Notice of Violation under this Act or
Uniform Traffic Citation under Section 11-605.1 of the Illinois
Vehicle Code. For the purposes of this Act, photographs
Photographs or other recorded images made by an automated
automatic traffic control system are confidential and shall be

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made available only to those persons provided for under
subsection (d) of Section 25 of this Act the defendant and to
governmental or law enforcement agencies within the
jurisdiction for the purposes of adjudicating a driving
violation.
(Source: P.A. 93-947, eff. 8-19-04.)
(625 ILCS 7/45 rep.)
Section 20. The Automated Traffic Control Systems in
Highway Construction or Maintenance Zones Act is amended by
repealing Section 45.
Section 99. Effective date. This Act takes effect one year
after becoming law.".