Bill Text: IL SB1844 | 2015-2016 | 99th General Assembly | Introduced

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Bill Title: Amends the Illinois Vehicle Code. Allows counties to establish automated speed enforcement systems in safety zones. Defines the term, "safety zone" in municipalities with more than 40,000 but less than 1,000,000 inhabitants and counties with more than 100,000 but less than 3,000,000 inhabitants. Provides that an additional fee of $5 for every $50 of fine imposed under automated speed enforcement systems in safety zones shall be paid into the pension fund to which law enforcement officers employed by the municipality or county contribute. Provides that municipalities with more than 40,000 but less than 1,000,000 inhabitants and counties with more than 100,000 but less than 3,000,000 inhabitants may not use automated traffic law enforcement systems within a safety zone inside the boundaries of a school district without the consent of the school board for that school district. Requires that the municipality or county shall be responsible for entering into contracts with vendors for the installation, maintenance, and operation of the automated speed enforcement system, as well as be responsible for enforcement of the automated speed enforcement system. Makes conforming changes. Amends the Downstate Police and IMRF Articles of the Illinois Pension Code. Specifies how the new fees paid to the pension fund shall be treated and provides that they shall not be offset against payment of required contributions.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Introduced - Dead) 2015-05-15 - Rule 2-10 Committee/3rd Reading Deadline Established As May 31, 2015 [SB1844 Detail]

Download: Illinois-2015-SB1844-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 SB1844 Introduced 2/20/2015, by Sen. Antonio Muñoz SYNOPSIS AS INTRODUCED:
40 ILCS 5/3-125.3 new
40 ILCS 5/7-171.1 new
625 ILCS 5/11-208.8
Amends the Illinois Vehicle Code. Allows counties to establish automated speed enforcement systems in safety zones. Defines the term, "safety zone" in municipalities with more than 40,000 but less than 1,000,000 inhabitants and counties with more than 100,000 but less than 3,000,000 inhabitants. Provides that an additional fee of $5 for every $50 of fine imposed under automated speed enforcement systems in safety zones shall be paid into the pension fund to which law enforcement officers employed by the municipality or county contribute. Provides that municipalities with more than 40,000 but less than 1,000,000 inhabitants and counties with more than 100,000 but less than 3,000,000 inhabitants may not use automated traffic law enforcement systems within a safety zone inside the boundaries of a school district without the consent of the school board for that school district. Requires that the municipality or county shall be responsible for entering into contracts with vendors for the installation, maintenance, and operation of the automated speed enforcement system, as well as be responsible for enforcement of the automated speed enforcement system. Makes conforming changes. Amends the Downstate Police and IMRF Articles of the Illinois Pension Code. Specifies how the new fees paid to the pension fund shall be treated and provides that they shall not be offset against payment of required contributions.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
SB1844 LRB099 10974 RJF 31329 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 Pension Code is amended by adding
Sections 3-125.3 and 7-171.1 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 11-208.8 of the Illinois Vehicle
Code: (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.
(40 ILCS 5/7-171.1 new)
Sec. 7-171.1. Income from certain fees. Any fees received
by the Fund under Section 11-208.8 of the Illinois Vehicle Code
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

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appropriate account of the municipality for its law enforcement
employees, and shall be considered in calculating the amount of
that municipality's future required employer contributions to
the Fund.
Section 10. The Illinois Vehicle Code is amended by
changing Section 11-208.8 as follows:
(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 while the driver is violating
Article VI of Chapter 11 of this 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 or county, 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

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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 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
headquarters or administrative buildings. In municipalities
with more than 40,000 but less than 1,000,000 inhabitants and
counties with more than 100,000 but less than 3,000,000
inhabitants the term "safety zone" shall not include property
owned by a park district or roadways adjacent to property owned
by a park district unless that property or roadway is also
adjacent to property owned by a school district that is used

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for educational purposes approved by the State Board of
Education, not including school district headquarters or
administrative buildings. In municipalities with 1,000,000 or
more inhabitants and counties with 3,000,000 or more
inhabitants a 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. In municipalities with a
population of 1,000,000 or more inhabitants the 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

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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 or county that produces a recorded image
of a 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. In addition to the fine imposed under this
paragraph (2), an additional fee of $5 shall be imposed for
every $50, or fraction thereof, of fine imposed by the

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municipality or county. The municipality or county shall
pay the money received from the additional fee to the
pension fund that law enforcement officers employed by the
municipality or county contribute to, within 30 days of
receipt of the money.
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 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 or county
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 or county 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

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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 or county, including but not
limited to roads and bridges; and
(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 or county 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 or county 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

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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
liability and may result in a suspension of the driving
privileges of the registered owner of the vehicle;
(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) If a person charged with a traffic violation, as a
result of an automated speed enforcement system, does not pay
the fine or successfully contest the civil penalty resulting

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from that violation, the Secretary of State shall suspend the
driving privileges of the registered owner of the vehicle under
Section 6-306.5 of this Code for failing to pay any fine or
penalty due and owing, or both, as a result of a combination of
5 violations of the automated speed enforcement system or the
automated traffic law under Section 11-208.6 of this Code.
(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 of
the motor vehicle were stolen before the violation occurred
and not under the control or in the possession of the owner
at the time of the violation;
(2) that the driver of the motor vehicle received a

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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
or county ordinance.
(k) To demonstrate that the motor vehicle or the
registration plates were stolen before the violation occurred
and were not under the control or possession of the owner at
the time of the violation, the owner must submit proof that a
report concerning the stolen 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
approaching traffic stating that vehicle speeds are being
photo-enforced and indicating the speed limit. The
municipality or county 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.

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(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) A municipality or county shall make a certified report
to the Secretary of State pursuant to Section 6-306.5 of this
Code whenever a registered owner of a vehicle has failed to pay
any fine or penalty due and owing as a result of a combination
of 5 offenses for automated speed or traffic law enforcement
system violations.
(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.
Upon the provision of information by the lessor pursuant to
this subsection, the municipality or county 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

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the violation.
(q) A municipality or county 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 or county.
(r) A municipality or county 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.
(s) In municipalities with more than 40,000 but less than
1,000,000 inhabitants and counties with more than 100,000 but
less than 3,000,000 inhabitants, if the municipality or county
enacts an ordinance allowing the installation and operation of
automated traffic law enforcement systems under this Section,

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these automated traffic law enforcement systems shall not be
used within a safety zone that lies within the boundaries of a
school district without the majority approval of the school
board for that school district. The municipality or county
shall be responsible for entering into contracts with vendors
for the installation, maintenance, and operation of the
automated speed enforcement system. The terms and conditions of
any contract entered into under this subsection (s) shall be
between the municipality or county and the vendor.
Administration and enforcement of the automated speed
enforcement system shall be the responsibility of the
municipality or county. This Section applies only to
municipalities with a population of 1,000,000 or more
inhabitants.
(Source: P.A. 97-672, eff. 7-1-12; 97-674, eff. 7-1-12; 98-463,
eff. 8-16-13.)