Bill Text: IL HB0326 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the Illinois Vehicle Code. Provides that after January 1, 2018 no non-home rule unit within the counties of Cook, DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will may enact or continue to enforce an ordinance for an automated traffic law enforcement system to enforce violations of intersection traffic control signals. Provides that an automated traffic law enforcement system is a system, in a municipality or county, not including a non-home rule unit within the designated counties on or after January 1, 2018, operated by a governmental agency, that produces a recorded image of a motor vehicle's violation of a provision of the Code or a local ordinance and is designed to obtain a clear recorded image of the vehicle and the vehicle's license plate. Amends the State Mandates Act to require implementation without reimbursement from the State.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced) 2017-03-31 - Rule 19(a) / Re-referred to Rules Committee [HB0326 Detail]

Download: Illinois-2017-HB0326-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB0326

Introduced , by Rep. David McSweeney

SYNOPSIS AS INTRODUCED:
625 ILCS 5/11-208 from Ch. 95 1/2, par. 11-208
625 ILCS 5/11-208.6
30 ILCS 805/8.41 new

Amends the Illinois Vehicle Code. Provides that after January 1, 2018 no non-home rule unit within the counties of Cook, DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will may enact or continue to enforce an ordinance for an automated traffic law enforcement system to enforce violations of intersection traffic control signals. Provides that an automated traffic law enforcement system is a system, in a municipality or county, not including a non-home rule unit within the designated counties on or after January 1, 2018, operated by a governmental agency, that produces a recorded image of a motor vehicle's violation of a provision of the Code or a local ordinance and is designed to obtain a clear recorded image of the vehicle and the vehicle's license plate. Amends the State Mandates Act to require implementation without reimbursement from the State.
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FISCAL NOTE ACT MAY APPLY
HOME RULE NOTE ACT MAY APPLY

A BILL FOR

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1 AN ACT concerning transportation.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Illinois Vehicle Code is amended by changing
5Sections 11-208 and 11-208.6 as follows:
6 (625 ILCS 5/11-208) (from Ch. 95 1/2, par. 11-208)
7 Sec. 11-208. Powers of local authorities.
8 (a) The provisions of this Code shall not be deemed to
9prevent local authorities with respect to streets and highways
10under their jurisdiction and within the reasonable exercise of
11the police power from:
12 1. Regulating the standing or parking of vehicles,
13 except as limited by Sections 11-1306 and 11-1307 of this
14 Act;
15 2. Regulating traffic by means of police officers or
16 traffic control signals;
17 3. Regulating or prohibiting processions or
18 assemblages on the highways; and certifying persons to
19 control traffic for processions or assemblages;
20 4. Designating particular highways as one-way highways
21 and requiring that all vehicles thereon be moved in one
22 specific direction;
23 5. Regulating the speed of vehicles in public parks

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1 subject to the limitations set forth in Section 11-604;
2 6. Designating any highway as a through highway, as
3 authorized in Section 11-302, and requiring that all
4 vehicles stop before entering or crossing the same or
5 designating any intersection as a stop intersection or a
6 yield right-of-way intersection and requiring all vehicles
7 to stop or yield the right-of-way at one or more entrances
8 to such intersections;
9 7. Restricting the use of highways as authorized in
10 Chapter 15;
11 8. Regulating the operation of bicycles and requiring
12 the registration and licensing of same, including the
13 requirement of a registration fee;
14 9. Regulating or prohibiting the turning of vehicles or
15 specified types of vehicles at intersections;
16 10. Altering the speed limits as authorized in Section
17 11-604;
18 11. Prohibiting U-turns;
19 12. Prohibiting pedestrian crossings at other than
20 designated and marked crosswalks or at intersections;
21 13. Prohibiting parking during snow removal operation;
22 14. Imposing fines in accordance with Section
23 11-1301.3 as penalties for use of any parking place
24 reserved for persons with disabilities, as defined by
25 Section 1-159.1, or veterans with disabilities by any
26 person using a motor vehicle not bearing registration

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1 plates specified in Section 11-1301.1 or a special decal or
2 device as defined in Section 11-1301.2 as evidence that the
3 vehicle is operated by or for a person with disabilities or
4 a veteran with a disability;
5 15. Adopting such other traffic regulations as are
6 specifically authorized by this Code; or
7 16. Enforcing the provisions of subsection (f) of
8 Section 3-413 of this Code or a similar local ordinance.
9 (b) No ordinance or regulation enacted under subsections 1,
104, 5, 6, 7, 9, 10, 11 or 13 of paragraph (a) shall be effective
11until signs giving reasonable notice of such local traffic
12regulations are posted.
13 (c) The provisions of this Code shall not prevent any
14municipality having a population of 500,000 or more inhabitants
15from prohibiting any person from driving or operating any motor
16vehicle upon the roadways of such municipality with headlamps
17on high beam or bright.
18 (d) The provisions of this Code shall not be deemed to
19prevent local authorities within the reasonable exercise of
20their police power from prohibiting, on private property, the
21unauthorized use of parking spaces reserved for persons with
22disabilities.
23 (e) No unit of local government, including a home rule
24unit, may enact or enforce an ordinance that applies only to
25motorcycles if the principal purpose for that ordinance is to
26restrict the access of motorcycles to any highway or portion of

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1a highway for which federal or State funds have been used for
2the planning, design, construction, or maintenance of that
3highway. No unit of local government, including a home rule
4unit, may enact an ordinance requiring motorcycle users to wear
5protective headgear. Nothing in this subsection (e) shall
6affect the authority of a unit of local government to regulate
7motorcycles for traffic control purposes or in accordance with
8Section 12-602 of this Code. No unit of local government,
9including a home rule unit, may regulate motorcycles in a
10manner inconsistent with this Code. This subsection (e) is a
11limitation under subsection (i) of Section 6 of Article VII of
12the Illinois Constitution on the concurrent exercise by home
13rule units of powers and functions exercised by the State.
14 (f) A municipality or county designated in Section 11-208.6
15may enact an ordinance providing for an automated traffic law
16enforcement system to enforce violations of this Code or a
17similar provision of a local ordinance and imposing liability
18on a registered owner or lessee of a vehicle used in such a
19violation; however, on or after January 1, 2018, no non-home
20rule unit within a county designated in subsection (m) of
21Section 11-208.6 may enact or continue to enforce an ordinance
22providing for an automated traffic law enforcement system to
23enforce violations of this Code or a similar provision of a
24local ordinance.
25 (g) A municipality or county, as provided in Section
2611-1201.1, may enact an ordinance providing for an automated

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1traffic law enforcement system to enforce violations of Section
211-1201 of this Code or a similar provision of a local
3ordinance and imposing liability on a registered owner of a
4vehicle used in such a violation.
5 (h) A municipality designated in Section 11-208.8 may enact
6an ordinance providing for an automated speed enforcement
7system to enforce violations of Article VI of Chapter 11 of
8this Code or a similar provision of a local ordinance.
9 (i) A municipality or county designated in Section 11-208.9
10may enact an ordinance providing for an automated traffic law
11enforcement system to enforce violations of Section 11-1414 of
12this Code or a similar provision of a local ordinance and
13imposing liability on a registered owner or lessee of a vehicle
14used in such a violation.
15(Source: P.A. 98-396, eff. 1-1-14; 98-556, eff. 1-1-14; 98-756,
16eff. 7-16-14; 99-143, eff. 7-27-15.)
17 (625 ILCS 5/11-208.6)
18 Sec. 11-208.6. Automated traffic law enforcement system.
19 (a) As used in this Section, "automated traffic law
20enforcement system" means a device with one or more motor
21vehicle sensors working in conjunction with a red light signal
22to produce recorded images of motor vehicles entering an
23intersection against a red signal indication in violation of
24Section 11-306 of this Code or a similar provision of a local
25ordinance.

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1 Until January 1, 2018, an An automated traffic law
2enforcement system is a system, in a municipality or county
3operated by a governmental agency, that produces a recorded
4image of a motor vehicle's violation of a provision of this
5Code or a local ordinance and is designed to obtain a clear
6recorded image of the vehicle and the vehicle's license plate.
7On and after January 1, 2018, an automated traffic law
8enforcement system is a system, in a municipality or county,
9which is not a non-home rule unit within a county designated in
10subsection (m) of this Section, operated by a governmental
11agency, that produces a recorded image of a motor vehicle's
12violation of a provision of this Code or a local ordinance and
13is designed to obtain a clear recorded image of the vehicle and
14the vehicle's license plate. The recorded image must also
15display the time, date, and location of the violation.
16 (b) As used in this Section, "recorded images" means images
17recorded by an automated traffic law enforcement system on:
18 (1) 2 or more photographs;
19 (2) 2 or more microphotographs;
20 (3) 2 or more electronic images; or
21 (4) a video recording showing the motor vehicle and, on
22 at least one image or portion of the recording, clearly
23 identifying the registration plate number of the motor
24 vehicle.
25 (b-5) A municipality or county that produces a recorded
26image of a motor vehicle's violation of a provision of this

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1Code or a local ordinance must make the recorded images of a
2violation accessible to the alleged violator by providing the
3alleged violator with a website address, accessible through the
4Internet.
5 (c) Except as provided under Section 11-208.8 of this Code,
6a county or municipality, including a home rule county or
7municipality, may not use an automated traffic law enforcement
8system to provide recorded images of a motor vehicle for the
9purpose of recording its speed. Except as provided under
10Section 11-208.8 of this Code, the regulation of the use of
11automated traffic law enforcement systems to record vehicle
12speeds is an exclusive power and function of the State. This
13subsection (c) is a denial and limitation of home rule powers
14and functions under subsection (h) of Section 6 of Article VII
15of the Illinois Constitution.
16 (c-5) A county or municipality, including a home rule
17county or municipality, may not use an automated traffic law
18enforcement system to issue violations in instances where the
19motor vehicle comes to a complete stop and does not enter the
20intersection, as defined by Section 1-132 of this Code, during
21the cycle of the red signal indication unless one or more
22pedestrians or bicyclists are present, even if the motor
23vehicle stops at a point past a stop line or crosswalk where a
24driver is required to stop, as specified in subsection (c) of
25Section 11-306 of this Code or a similar provision of a local
26ordinance.

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1 (c-6) A county, or a municipality with less than 2,000,000
2inhabitants, including a home rule county or municipality, may
3not use an automated traffic law enforcement system to issue
4violations in instances where a motorcyclist enters an
5intersection against a red signal indication when the red
6signal fails to change to a green signal within a reasonable
7period of time not less than 120 seconds because of a signal
8malfunction or because the signal has failed to detect the
9arrival of the motorcycle due to the motorcycle's size or
10weight.
11 (d) For each violation of a provision of this Code or a
12local ordinance recorded by an automatic traffic law
13enforcement system, the county or municipality having
14jurisdiction shall issue a written notice of the violation to
15the registered owner of the vehicle as the alleged violator.
16The notice shall be delivered to the registered owner of the
17vehicle, by mail, within 30 days after the Secretary of State
18notifies the municipality or county of the identity of the
19owner of the vehicle, but in no event later than 90 days after
20the violation.
21 The notice shall include:
22 (1) the name and address of the registered owner of the
23 vehicle;
24 (2) the registration number of the motor vehicle
25 involved in the violation;
26 (3) the violation charged;

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1 (4) the location where the violation occurred;
2 (5) the date and time of the violation;
3 (6) a copy of the recorded images;
4 (7) the amount of the civil penalty imposed and the
5 requirements of any traffic education program imposed and
6 the date by which the civil penalty should be paid and the
7 traffic education program should be completed;
8 (8) a statement that recorded images are evidence of a
9 violation of a red light signal;
10 (9) a warning that failure to pay the civil penalty, to
11 complete a required traffic education program, or to
12 contest liability in a timely manner is an admission of
13 liability and may result in a suspension of the driving
14 privileges of the registered owner of the vehicle;
15 (10) a statement that the person may elect to proceed
16 by:
17 (A) paying the fine, completing a required traffic
18 education program, or both; or
19 (B) challenging the charge in court, by mail, or by
20 administrative hearing; and
21 (11) a website address, accessible through the
22 Internet, where the person may view the recorded images of
23 the violation.
24 (e) If a person charged with a traffic violation, as a
25result of an automated traffic law enforcement system, does not
26pay the fine or complete a required traffic education program,

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1or both, or successfully contest the civil penalty resulting
2from that violation, the Secretary of State shall suspend the
3driving privileges of the registered owner of the vehicle under
4Section 6-306.5 of this Code for failing to complete a required
5traffic education program or to pay any fine or penalty due and
6owing, or both, as a result of a combination of 5 violations of
7the automated traffic law enforcement system or the automated
8speed enforcement system under Section 11-208.8 of this Code.
9 (f) Based on inspection of recorded images produced by an
10automated traffic law enforcement system, a notice alleging
11that the violation occurred shall be evidence of the facts
12contained in the notice and admissible in any proceeding
13alleging a violation under this Section.
14 (g) Recorded images made by an automatic traffic law
15enforcement system are confidential and shall be made available
16only to the alleged violator and governmental and law
17enforcement agencies for purposes of adjudicating a violation
18of this Section, for statistical purposes, or for other
19governmental purposes. Any recorded image evidencing a
20violation of this Section, however, may be admissible in any
21proceeding resulting from the issuance of the citation.
22 (h) The court or hearing officer may consider in defense of
23a violation:
24 (1) that the motor vehicle or registration plates of
25 the motor vehicle were stolen before the violation occurred
26 and not under the control of or in the possession of the

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1 owner at the time of the violation;
2 (2) that the driver of the vehicle passed through the
3 intersection when the light was red either (i) in order to
4 yield the right-of-way to an emergency vehicle or (ii) as
5 part of a funeral procession; and
6 (3) any other evidence or issues provided by municipal
7 or county ordinance.
8 (i) To demonstrate that the motor vehicle or the
9registration plates were stolen before the violation occurred
10and were not under the control or possession of the owner at
11the time of the violation, the owner must submit proof that a
12report concerning the stolen motor vehicle or registration
13plates was filed with a law enforcement agency in a timely
14manner.
15 (j) Unless the driver of the motor vehicle received a
16Uniform Traffic Citation from a police officer at the time of
17the violation, the motor vehicle owner is subject to a civil
18penalty not exceeding $100 or the completion of a traffic
19education program, or both, plus an additional penalty of not
20more than $100 for failure to pay the original penalty or to
21complete a required traffic education program, or both, in a
22timely manner, if the motor vehicle is recorded by an automated
23traffic law enforcement system. A violation for which a civil
24penalty is imposed under this Section is not a violation of a
25traffic regulation governing the movement of vehicles and may
26not be recorded on the driving record of the owner of the

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1vehicle.
2 (j-3) A registered owner who is a holder of a valid
3commercial driver's license is not required to complete a
4traffic education program.
5 (j-5) For purposes of the required traffic education
6program only, a registered owner may submit an affidavit to the
7court or hearing officer swearing that at the time of the
8alleged violation, the vehicle was in the custody and control
9of another person. The affidavit must identify the person in
10custody and control of the vehicle, including the person's name
11and current address. The person in custody and control of the
12vehicle at the time of the violation is required to complete
13the required traffic education program. If the person in
14custody and control of the vehicle at the time of the violation
15completes the required traffic education program, the
16registered owner of the vehicle is not required to complete a
17traffic education program.
18 (k) An intersection equipped with an automated traffic law
19enforcement system must be posted with a sign visible to
20approaching traffic indicating that the intersection is being
21monitored by an automated traffic law enforcement system.
22 (k-3) A municipality or county that has one or more
23intersections equipped with an automated traffic law
24enforcement system must provide notice to drivers by posting
25the locations of automated traffic law systems on the
26municipality or county website.

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1 (k-5) An intersection equipped with an automated traffic
2law enforcement system must have a yellow change interval that
3conforms with the Illinois Manual on Uniform Traffic Control
4Devices (IMUTCD) published by the Illinois Department of
5Transportation.
6 (k-7) A municipality or county operating an automated
7traffic law enforcement system shall conduct a statistical
8analysis to assess the safety impact of each automated traffic
9law enforcement system at an intersection following
10installation of the system. The statistical analysis shall be
11based upon the best available crash, traffic, and other data,
12and shall cover a period of time before and after installation
13of the system sufficient to provide a statistically valid
14comparison of safety impact. The statistical analysis shall be
15consistent with professional judgment and acceptable industry
16practice. The statistical analysis also shall be consistent
17with the data required for valid comparisons of before and
18after conditions and shall be conducted within a reasonable
19period following the installation of the automated traffic law
20enforcement system. The statistical analysis required by this
21subsection (k-7) shall be made available to the public and
22shall be published on the website of the municipality or
23county. If the statistical analysis for the 36 month period
24following installation of the system indicates that there has
25been an increase in the rate of accidents at the approach to
26the intersection monitored by the system, the municipality or

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1county shall undertake additional studies to determine the
2cause and severity of the accidents, and may take any action
3that it determines is necessary or appropriate to reduce the
4number or severity of the accidents at that intersection.
5 (l) The compensation paid for an automated traffic law
6enforcement system must be based on the value of the equipment
7or the services provided and may not be based on the number of
8traffic citations issued or the revenue generated by the
9system.
10 (m) This Section applies only to the counties of Cook,
11DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and
12to municipalities located within those counties.
13 (n) The fee for participating in a traffic education
14program under this Section shall not exceed $25.
15 A low-income individual required to complete a traffic
16education program under this Section who provides proof of
17eligibility for the federal earned income tax credit under
18Section 32 of the Internal Revenue Code or the Illinois earned
19income tax credit under Section 212 of the Illinois Income Tax
20Act shall not be required to pay any fee for participating in a
21required traffic education program.
22 (o) A municipality or county shall make a certified report
23to the Secretary of State pursuant to Section 6-306.5 of this
24Code whenever a registered owner of a vehicle has failed to pay
25any fine or penalty due and owing as a result of a combination
26of 5 offenses for automated traffic law or speed enforcement

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1system violations.
2 (p) No person who is the lessor of a motor vehicle pursuant
3to a written lease agreement shall be liable for an automated
4speed or traffic law enforcement system violation involving
5such motor vehicle during the period of the lease; provided
6that upon the request of the appropriate authority received
7within 120 days after the violation occurred, the lessor
8provides within 60 days after such receipt the name and address
9of the lessee. The drivers license number of a lessee may be
10subsequently individually requested by the appropriate
11authority if needed for enforcement of this Section.
12 Upon the provision of information by the lessor pursuant to
13this subsection, the county or municipality may issue the
14violation to the lessee of the vehicle in the same manner as it
15would issue a violation to a registered owner of a vehicle
16pursuant to this Section, and the lessee may be held liable for
17the violation.
18(Source: P.A. 97-29, eff. 1-1-12; 97-627, eff. 1-1-12; 97-672,
19eff. 7-1-12; 97-762, eff. 7-6-12; 98-463, eff. 8-16-13.)
20 Section 90. The State Mandates Act is amended by adding
21Section 8.41 as follows:
22 (30 ILCS 805/8.41 new)
23 Sec. 8.41. Exempt mandate. Notwithstanding Sections 6 and 8
24of this Act, no reimbursement by the State is required for the

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