Bill Text: IL SB1950 | 2009-2010 | 96th General Assembly | Introduced

---

Bill Title: Amends the Illinois Vehicle Code and the State Finance Act. Provides that the Department of Transportation, a county, or a municipality may authorize the use of an automated speed enforcement system to record speed violations of the Illinois Vehicle Code or a similar local ordinance. Provides that the Department may place automated speed enforcement systems in high-risk locations on an interstate highway or in high-risk locations of a county or municipality upon approval of a formal request of a county or municipality. Provides for standards for the issuance and adjudication of automated speed enforcement system violation notices. Provides that violations of the automated speed enforcement system in which a civil penalty is imposed may be adjudicated administratively, are not moving violations, and may not be recorded on the person's driving record. Provides for penalties, including the suspension of driving privileges, for the failure to pay for automated speed enforcement system violations. Reduces the application of a home rule preemption that disallows the use of recorded images to capture the speed of a motor vehicle for the purposes of enforcing any law or local ordinance regarding a minimum or maximum speed limit unless a law enforcement officer is present to witness the event. Makes other changes. Effective immediately.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Failed) 2011-01-12 - Session Sine Die [SB1950 Detail]

Download: Illinois-2009-SB1950-Introduced.html

---

96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 SB1950 Introduced 2/20/2009, by Sen. Michael Noland SYNOPSIS AS INTRODUCED:
625 ILCS 5/1-105.1 new
625 ILCS 5/6-306.5 from Ch. 95 1/2, par. 6-306.5
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 5/11-208.6
625 ILCS 5/11-208.7 new
625 ILCS 5/11-612
30 ILCS 105/5.719 new
Amends the Illinois Vehicle Code and the State Finance Act. Provides that the Department of Transportation, a county, or a municipality may authorize the use of an automated speed enforcement system to record speed violations of the Illinois Vehicle Code or a similar local ordinance. Provides that the Department may place automated speed enforcement systems in high-risk locations on an interstate highway or in high-risk locations of a county or municipality upon approval of a formal request of a county or municipality. Provides for standards for the issuance and adjudication of automated speed enforcement system violation notices. Provides that violations of the automated speed enforcement system in which a civil penalty is imposed may be adjudicated administratively, are not moving violations, and may not be recorded on the person's driving record. Provides for penalties, including the suspension of driving privileges, for the failure to pay for automated speed enforcement system violations. Reduces the application of a home rule preemption that disallows the use of recorded images to capture the speed of a motor vehicle for the purposes of enforcing any law or local ordinance regarding a minimum or maximum speed limit unless a law enforcement officer is present to witness the event. Makes other changes. Effective immediately.
LRB096 08742 AJT 18874 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
SB1950 LRB096 08742 AJT 18874 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 6-306.5, 11-208, 11-208.3, 11-208.6, and 11-612 and by
adding Sections 1-105.1 and 11-208.7 as follows:
(625 ILCS 5/1-105.1 new)
Sec. 1-105.1. Automated speed enforcement system
violation. A violation described in Section 11-208.7 of this
Code.
(625 ILCS 5/6-306.5) (from Ch. 95 1/2, par. 6-306.5)
Sec. 6-306.5. Failure to pay fine or penalty for standing,
parking, compliance, or automated speed or traffic law
violations; suspension of driving privileges.
(a) Upon receipt of a certified report, as prescribed by
subsection (c) of this Section, from any municipality stating
that the owner of a registered vehicle has: (1) failed to pay
any fine or penalty due and owing as a result of 10 or more
violations of a municipality's vehicular standing, parking, or
compliance regulations established by ordinance pursuant to
Section 11-208.3 of this Code, or (2) failed to pay any fine or
penalty due and owing as a result of 5 offenses for automated

SB1950 - 2 - LRB096 08742 AJT 18874 b
traffic violations as defined in Section 11-208.6 or automated
speed enforcement system violations as defined in Section
11-208.7 or any combination thereof, the Secretary of State
shall suspend the driving privileges of such person in
accordance with the procedures set forth in this Section. The
Secretary shall also suspend the driving privileges of an owner
of a registered vehicle upon receipt of a certified report, as
prescribed by subsection (f) of this Section, from any
municipality stating that such person has failed to satisfy any
fines or penalties imposed by final judgments for 5 or more
automated speed or traffic law violations or 10 or more
violations of local standing, parking, or compliance
regulations after exhaustion of judicial review procedures.
(b) Following receipt of the certified report of the
municipality as specified in this Section, the Secretary of
State shall notify the person whose name appears on the
certified report that the person's drivers license will be
suspended at the end of a specified period of time unless the
Secretary of State is presented with a notice from the
municipality certifying that the fine or penalty due and owing
the municipality has been paid or that inclusion of that
person's name on the certified report was in error. The
Secretary's notice shall state in substance the information
contained in the municipality's certified report to the
Secretary, and shall be effective as specified by subsection
(c) of Section 6-211 of this Code.

SB1950 - 3 - LRB096 08742 AJT 18874 b
(c) The report of the appropriate municipal official
notifying the Secretary of State of unpaid fines or penalties
pursuant to this Section shall be certified and shall contain
the following:
(1) The name, last known address as recorded with the
Secretary of State, as provided by the lessor of the cited
vehicle at the time of lease, or as recorded in a United
States Post Office approved database if any notice sent
under Section 11-208.3 of this Code is returned as
undeliverable, and drivers license number of the person who
failed to pay the fine or penalty and the registration
number of any vehicle known to be registered to such person
in this State.
(2) The name of the municipality making the report
pursuant to this Section.
(3) A statement that the municipality sent a notice of
impending drivers license suspension as prescribed by
ordinance enacted pursuant to Section 11-208.3, to the
person named in the report at the address recorded with the
Secretary of State or at the last address known to the
lessor of the cited vehicle at the time of lease or, if any
notice sent under Section 11-208.3 of this Code is returned
as undeliverable, at the last known address recorded in a
United States Post Office approved database; the date on
which such notice was sent; and the address to which such
notice was sent. In a municipality with a population of

SB1950 - 4 - LRB096 08742 AJT 18874 b
1,000,000 or more, the report shall also include a
statement that the alleged violator's State vehicle
registration number and vehicle make, if specified on the
automated speed or traffic law violation notice, are
correct as they appear on the citations.
(d) Any municipality making a certified report to the
Secretary of State pursuant to this Section shall notify the
Secretary of State, in a form prescribed by the Secretary,
whenever a person named in the certified report has paid the
previously reported fine or penalty or whenever the
municipality determines that the original report was in error.
A certified copy of such notification shall also be given upon
request and at no additional charge to the person named
therein. Upon receipt of the municipality's notification or
presentation of a certified copy of such notification, the
Secretary of State shall terminate the suspension.
(e) Any municipality making a certified report to the
Secretary of State pursuant to this Section shall also by
ordinance establish procedures for persons to challenge the
accuracy of the certified report. The ordinance shall also
state the grounds for such a challenge, which may be limited to
(1) the person not having been the owner or lessee of the
vehicle or vehicles receiving 10 or more standing, parking, or
compliance violation notices or 5 or more automated speed or
traffic law violations on the date or dates such notices were
issued; and (2) the person having already paid the fine or

SB1950 - 5 - LRB096 08742 AJT 18874 b
penalty for the 10 or more standing, parking, or compliance
violations or 5 or more automated speed or traffic law
violations indicated on the certified report.
(f) Any municipality, other than a municipality
establishing vehicular standing, parking, and compliance
regulations pursuant to Section 11-208.3 or automated traffic
law regulations under Section 11-208.6 or automated speed
enforcement system violations under Section 11-208.7, may also
cause a suspension of a person's drivers license pursuant to
this Section. Such municipality may invoke this sanction by
making a certified report to the Secretary of State upon a
person's failure to satisfy any fine or penalty imposed by
final judgment for 10 or more violations of local standing,
parking, or compliance regulations or 5 or more automated speed
or traffic law violations after exhaustion of judicial review
procedures, but only if:
(1) the municipality complies with the provisions of
this Section in all respects except in regard to enacting
an ordinance pursuant to Section 11-208.3;
(2) the municipality has sent a notice of impending
drivers license suspension as prescribed by an ordinance
enacted pursuant to subsection (g) of this Section; and
(3) in municipalities with a population of 1,000,000 or
more, the municipality has verified that the alleged
violator's State vehicle registration number and vehicle
make are correct as they appear on the citations.

SB1950 - 6 - LRB096 08742 AJT 18874 b
(g) Any municipality, other than a municipality
establishing standing, parking, and compliance regulations
pursuant to Section 11-208.3 or automated traffic law
regulations under Section 11-208.6 or automated speed
regulations under Section 11-208.7, may provide by ordinance
for the sending of a notice of impending drivers license
suspension to the person who has failed to satisfy any fine or
penalty imposed by final judgment for 10 or more violations of
local standing, parking, or compliance regulations or 5 or more
automated speed or traffic law violations after exhaustion of
judicial review procedures. An ordinance so providing shall
specify that the notice sent to the person liable for any fine
or penalty shall state that failure to pay the fine or penalty
owing within 45 days of the notice's date will result in the
municipality notifying the Secretary of State that the person's
drivers license is eligible for suspension pursuant to this
Section. The notice of impending drivers license suspension
shall be sent by first class United States mail, postage
prepaid, to the address recorded with the Secretary of State or
at the last address known to the lessor of the cited vehicle at
the time of lease or, if any notice sent under Section 11-208.3
of this Code is returned as undeliverable, to the last known
address recorded in a United States Post Office approved
database.
(h) An administrative hearing to contest an impending
suspension or a suspension made pursuant to this Section may be

SB1950 - 7 - LRB096 08742 AJT 18874 b
had upon filing a written request with the Secretary of State.
The filing fee for this hearing shall be $20, to be paid at the
time the request is made. A municipality which files a
certified report with the Secretary of State pursuant to this
Section shall reimburse the Secretary for all reasonable costs
incurred by the Secretary as a result of the filing of the
report, including but not limited to the costs of providing the
notice required pursuant to subsection (b) and the costs
incurred by the Secretary in any hearing conducted with respect
to the report pursuant to this subsection and any appeal from
such a hearing.
(i) The provisions of this Section shall apply on and after
January 1, 1988.
(j) For purposes of this Section, the term "compliance
violation" is defined as in Section 11-208.3.
(Source: P.A. 94-294, eff. 1-1-06; 94-795, eff. 5-22-06.)
(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 Section 11-1306 of this Act;
2. Regulating traffic by means of police officers or

SB1950 - 8 - LRB096 08742 AJT 18874 b
traffic control signals;
3. Regulating or prohibiting processions or
assemblages on the highways;
4. Designating particular highways as one-way highways
and requiring that all vehicles thereon be moved in one
specific direction;
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 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

SB1950 - 9 - LRB096 08742 AJT 18874 b
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
reserved for persons with disabilities, as defined by
Section 1-159.1, or disabled veterans 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 disabled
veteran;
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 subsections 1,
4, 5, 6, 7, 9, 10, 11 or 13 of paragraph (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

SB1950 - 10 - LRB096 08742 AJT 18874 b
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
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.
(f) A municipality or county designated in Section 11-208.6
may enact an ordinance providing for an automated traffic law
enforcement system to enforce violations 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.
(g) A municipality or county may enact an ordinance

SB1950 - 11 - LRB096 08742 AJT 18874 b
providing for an automated speed enforcement system under
Section 11-208.7 of this Code to enforce violations of Section
11-605 or a similar provision of a local ordinance and imposing
liability on a registered owner of a vehicle used in such a
violation.
(Source: P.A. 94-795, eff. 5-22-06.)
(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 and automated speed or traffic law
violations.
(a) Any municipality may provide by ordinance for a system
of administrative adjudication of vehicular standing and
parking violations and vehicle compliance violations as
defined in this subsection and automated traffic law violations
as defined in Section 11-208.6 and automated speed enforcement
system violations as defined in Section 11-208.7. The
administrative system shall have as its purpose the fair and
efficient enforcement of municipal regulations through the
administrative adjudication of automated speed or traffic law
violations and violations of municipal ordinances regulating
the standing and parking of vehicles, the condition and use of
vehicle equipment, and the display of municipal wheel tax
licenses within the municipality's borders. The administrative
system shall only have authority to adjudicate civil offenses

SB1950 - 12 - LRB096 08742 AJT 18874 b
carrying fines not in excess of $250 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 regulation
governing the condition or use of equipment on a vehicle or
governing the display of a municipal 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 or 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 or traffic law violations,
and operate an administrative adjudication system. The
traffic compliance administrator also may make a certified
report to the Secretary of State under Section 6-306.5.
(2) A parking, standing, compliance, or automated
speed or traffic law violation notice that shall specify
the date, time, and place of violation of a parking,
standing, compliance, or automated speed or traffic law
regulation; the particular regulation violated; the fine
and any penalty that may be assessed for late payment, when
so provided by ordinance; the vehicle make and state
registration number; and the identification number of the
person issuing the notice. With regard to automated speed

SB1950 - 13 - LRB096 08742 AJT 18874 b
or traffic law violations, vehicle make shall be specified
on the automated speed or traffic law violation notice if
the make is available and readily discernible. With regard
to municipalities 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
payment of the indicated fine, and of any applicable
penalty for late payment, 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 the parking, standing, or compliance
violation notice by affixing the original or a facsimile of
the notice to an unlawfully parked vehicle or by handing
the notice to the operator of a vehicle if he or she is
present and service of an automated speed or traffic law
violation notice by mail to the address of the registered
owner of the cited vehicle as recorded with the Secretary
of State 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. A person authorized by ordinance to
issue and serve parking, standing, and compliance

SB1950 - 14 - LRB096 08742 AJT 18874 b
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 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
the case of a automated speed enforcement system violation,
the ordinance shall require a determination by a technician
employed or contracted by the municipality or county or
entity having a contract with the municipality or county
that, based on inspection of recorded images, the motor
vehicle was being operated in violation of Section 11-605
or a similar local ordinance. 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

SB1950 - 15 - LRB096 08742 AJT 18874 b
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, or
automated speed or 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, or automated speed or traffic law violation
notice in which the owner 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

SB1950 - 16 - LRB096 08742 AJT 18874 b
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 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 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. This notice shall specify the
date and location of the violation cited in the
parking, standing, or compliance violation notice, the
particular regulation violated, the vehicle make and
state registration number, the fine and any penalty
that may be assessed for late payment when so provided

SB1950 - 17 - LRB096 08742 AJT 18874 b
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
either to pay the indicated fine and any applicable
penalty, or to 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
unpaid fine or penalty will constitute a debt due and
owing the municipality.
(ii) A notice of final determination of parking,
standing, compliance, or automated speed or traffic
law violation liability. This notice shall be sent
following a final determination of parking, standing,
compliance, or automated speed or traffic law
violation liability and the conclusion of judicial
review procedures taken under this Section. The notice
shall state that the unpaid fine or penalty is a debt
due and owing the municipality. The notice shall
contain warnings that failure to pay any fine or
penalty due and owing the municipality within the time

SB1950 - 18 - LRB096 08742 AJT 18874 b
specified may result in the municipality's filing of a
petition in the Circuit Court to have the unpaid fine
or penalty rendered a judgment as provided by this
Section, or may result in suspension of the person's
drivers license for failure to pay fines or penalties
for 10 or more parking violations under Section 6-306.5
or 5 or more automated traffic law violations under
Section 11-208.6 or 5 or more automated speed
enforcement system violations under Section 11-208.7.
(6) A Notice of impending drivers license suspension.
This notice shall be sent to the person liable for any fine
or penalty that remains due and owing on 10 or more parking
violations or 5 or more unpaid automated speed or traffic
law violations. The notice shall state that failure to pay
the fine or penalty owing within 45 days of the notice's
date will result in the municipality 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 along with a request
for the photostatic copy. The notice of impending drivers
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

SB1950 - 19 - LRB096 08742 AJT 18874 b
returned as undeliverable, to the last known address
recorded in a United States Post Office approved database.
(7) Final determinations of violation liability. A
final determination of violation liability shall occur
following failure to pay the fine or penalty 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, or automated speed or traffic law
violation liability that may be filed by a person owing an
unpaid fine or penalty. 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
having already paid the fine or penalty for the violation
in question, and (C) excusable failure to appear at or

SB1950 - 20 - LRB096 08742 AJT 18874 b
request a new date for a hearing. With regard to
municipalities 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 if
specified, is incorrect. After the determination of
parking, standing, compliance, or automated speed or
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 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, or automated
speed or traffic law regulations enacted by ordinance
pursuant to this Section, and a schedule of penalties for
late payment of the fines, provided, however, that the
total amount of the fine and penalty for any one violation
shall not exceed $250, 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 establishing vehicular standing,
parking, compliance, or automated speed or traffic law

SB1950 - 21 - LRB096 08742 AJT 18874 b
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 unpaid final determinations of
parking, standing, compliance, or automated speed or
traffic law violation liability 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 unpaid final
determinations of parking, standing, compliance, or
automated speed or traffic law violation liability listed
on the notice.
(3) The right to a prompt hearing after a vehicle has
been immobilized or subsequently towed without payment of
the outstanding fines and penalties on parking, standing,
compliance, or automated speed or traffic law violations
for which final determinations have been issued. An order

SB1950 - 22 - LRB096 08742 AJT 18874 b
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, or automated speed or 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, or part of any fine or any penalty
remaining unpaid after the exhaustion of, or the failure to
exhaust, administrative remedies created under this Section
and the conclusion of any judicial review procedures shall be a
debt due and owing the municipality and, as such, may be
collected in accordance with applicable law. Payment in full of
any fine or penalty resulting from a standing, parking,
compliance, or automated speed or 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, or automated speed or traffic
law violation, the municipality may commence a proceeding in
the Circuit Court for purposes of obtaining a judgment on the

SB1950 - 23 - LRB096 08742 AJT 18874 b
final determination of violation. Nothing in this Section shall
prevent a municipality from consolidating multiple final
determinations of parking, standing, compliance, or automated
speed or traffic law violations against a person in a
proceeding. Upon commencement of the action, the municipality
shall file a certified copy or record of the final
determination of parking, standing, compliance, or automated
speed or 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
this Section and the applicable municipal 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, or automated speed or traffic
law violations does not exceed $2500. If the court is satisfied
that the final determination of parking, standing, compliance,
or automated speed or traffic law violation was entered in
accordance with the requirements of this Section and the
applicable municipal 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 and against the registered owner or the lessee for
the amount indicated in the final determination of parking,

SB1950 - 24 - LRB096 08742 AJT 18874 b
standing, compliance, or automated speed or 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.
(Source: P.A. 94-294, eff. 1-1-06; 94-795, eff. 5-22-06;
94-930, eff. 6-26-06; 95-331, eff. 8-21-07.)
(625 ILCS 5/11-208.6)
Sec. 11-208.6. Automated traffic law enforcement system.
(a) As used in this Section, "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 an
intersection against a red signal indication in violation of
Section 11-306 of this Code or a similar provision of a local
ordinance.
An automated traffic law enforcement system is a system, in
a municipality or county operated by a governmental agency,
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.
(b) As used in this Section, "recorded images" means images
recorded by an automated traffic law enforcement system on:
(1) 2 or more photographs;

SB1950 - 25 - LRB096 08742 AJT 18874 b
(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.
(c) A county or municipality, including a home rule county
or municipality, may not use an automated traffic law
enforcement system to provide recorded images of a motor
vehicle for the purpose of recording its speed. The regulation
of the use of automated traffic law 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. Nothing in this
subsection (c) limits the authority of a county or municipality
to implement and use an automated speed enforcement system
under Section 11-208.7 of this Code.
(d) For each violation of a provision of this Code or a
local ordinance recorded by an automatic traffic law
enforcement system, the county or 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 or county of the identity of the

SB1950 - 26 - LRB096 08742 AJT 18874 b
owner of the vehicle, but in no event later than 90 days after
the violation.
The notice 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 location where the violation occurred;
(5) the date and time of the violation;
(6) a copy of the recorded images;
(7) the amount of the civil penalty imposed and the
date by which the civil penalty should be paid;
(8) a statement that recorded images are evidence of a
violation of a red light signal;
(9) 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; and
(10) 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.
(e) If a person charged with a traffic violation, as a
result of an automated traffic law enforcement system, does not

SB1950 - 27 - LRB096 08742 AJT 18874 b
pay or successfully contest the civil penalty resulting 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 as a result of 5 violations of the
automated traffic law enforcement system.
(f) Based on inspection of recorded images produced by an
automated traffic law 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.
(g) Recorded images made by an automatic traffic law
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.
(h) 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 of or in the possession of the
owner at the time of the violation;
(2) that the driver of the vehicle passed through the

SB1950 - 28 - LRB096 08742 AJT 18874 b
intersection when the light was red either (i) in order to
yield the right-of-way to an emergency vehicle or (ii) as
part of a funeral procession; and
(3) any other evidence or issues provided by municipal
or county ordinance.
(i) 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.
(j) Unless the driver of the motor vehicle received a
Uniform Traffic Citation from a police officer at the time of
the violation, the motor vehicle owner is subject to 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, if the motor vehicle is recorded by an automated
traffic law enforcement 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.
(k) An intersection equipped with an automated traffic law
enforcement system must be posted with a sign visible to
approaching traffic indicating that the intersection is being

SB1950 - 29 - LRB096 08742 AJT 18874 b
monitored by an automated traffic law enforcement system.
(l) The compensation paid for an automated traffic law
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.
(m) This Section applies only to the counties of Cook,
DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and
to municipalities located within those counties.
(Source: P.A. 94-795, eff. 5-22-06.)
(625 ILCS 5/11-208.7 new)
Sec. 11-208.7. Automated speed enforcement system.
(a) As used in this Section:
"Automated speed enforcement system" means a technology
that:
(1) is designed to record the speed of a vehicle and
obtain quality recorded images of a motor vehicle, a
driver's face, and the motor vehicle registration plate
while a driver is violating Section 11-605 of this Code or
a similar local ordinance in high-risk locations,
including, but not limited to, school speed zones,
interstate highways, and areas with a high volume of motor
vehicle accidents; a law enforcement officer is not
required to be present or to witness the violation;
(2) averages speed over a set distance rather than

SB1950 - 30 - LRB096 08742 AJT 18874 b
capturing a driver's speed at a moment in time;
(3) has a demonstrated capability of producing quality
pictures of both a driver's face and license plates in
varying weather conditions; and
(4) is designed for multi-functional capabilities
beyond automated speed enforcement, including (i) locating
and apprehending criminals, (ii) locating and apprehending
individuals that are the subject of Amber Alerts, and (iii)
recovery of stolen vehicles.
"Owner" means the registered owner of a motor vehicle or a
lessee of a motor vehicle under a lease of 6 months or more.
"Recorded images" means images recorded by an automated
speed enforcement system displaying the time, date, and
location of the violation and showing the motor vehicle and
clearly identifying the driver's face and registration plate of
the motor vehicle on:
(1) one or more photographs;
(2) one or more microphotographs;
(3) one or more electronic images; or
(4) a video recording.
(b) The Department:
(1) may enact rules to place automated speed
enforcement systems on interstate highways in areas
determined to be high-risk locations due to traffic
congestion or a high volume of motor vehicle accidents or
other similar criteria;

SB1950 - 31 - LRB096 08742 AJT 18874 b
(2) must enact rules to place automated speed
enforcement systems in high-risk locations of a county or
municipality upon a formal request by the county or
municipality and approval by the Department pursuant to
subsection (c) of this Section;
(3) may enact rules to provide for a system of
enforcement and administrative adjudication of violation
notices issued pursuant to this Section where the violation
occurs on an interstate highway and a civil penalty is
assessed;
(4) may enter into contracts with private vendors to
establish a system of providing uniform automated speed
enforcement systems under this Section;
(5) must hire a firm that is independent of the private
vendor in subdivision (4) of this subsection (b) and the
independent firm in subdivision (6) of this subsection (b)
to regularly test the accuracy of automated speed
enforcement systems under this Section;
(6) must hire a firm that is independent of the private
vendor in subdivision (4) of this subsection (b) and the
independent firm in subdivision (5) of this subsection (b)
to conduct a formal evaluation of automated speed
enforcement systems under this Section and the impact of
those systems on high-risk locations. The evaluation must
occur within 2 years of the first violation notice issued
by a automated speed enforcement system;

SB1950 - 32 - LRB096 08742 AJT 18874 b
(7) may enact rules to determine the amounts of each
civil penalty assessed for a violation of this Section or a
similar local ordinance that will be distributed to the
public entities under subsection (l) of this Section. The
rules must include, at a minimum, that amount of funds
collected from each violation of this Section or a similar
local ordinance that will be disbursed from the Automated
Speed Enforcement Fund:
(A) to the Department for the purposes in
subsection (l) of this Section;
(B) if a county or municipality issued the
violation notice, to the county or municipality that
issued the notice for the purposes in subsection (l);
(C) if the violation occurred in a school speed
zone, to the school district where the violation
occurred for the purposes in subsection (l); and
(D) to the State for the purposes in subsection
(l).
(8) must conduct a public information campaign
regarding automated speed enforcement systems before the
issuance of violation notices pursuant to this Section. The
public information must continue throughout the life of the
automated speed enforcement system.
(c) A county or municipality may enact ordinances to
request that the Department place an automated speed
enforcement system in areas determined to be high-risk

SB1950 - 33 - LRB096 08742 AJT 18874 b
locations due to pedestrian or traffic congestion or a high
volume of motor vehicle accidents or other similar criteria. A
formal request to place an automated speed enforcement system
in a high-risk location pursuant to this subsection (c) is
subject to the final approval of the Department. The county or
municipality may enact ordinances to provide for enforcement of
automated speed enforcement system violations and provide for a
system of administrative adjudication of violation notices
where a civil penalty is assessed for a violation pursuant to
Section 11-208.3 of this Code.
(d) For each violation of a provision of Section 11-605 of
this Code or a similar local ordinance recorded by an automated
speed enforcement system, the Department or the county or
municipality having jurisdiction must issue a written notice of
the violation to the owner of the vehicle. The notice must be
delivered to the owner of the vehicle, by mail, within 7 days
after the municipality or county is notified of the identity of
the owner of the vehicle, but in no event later than 120 days
after the violation.
The notice must include:
(1) the name and address of the owner of the vehicle;
(2) the registration number of the motor vehicle
involved in the violation;
(3) the violation charged;
(4) the location where the violation occurred;
(5) the date and time of the violation;

SB1950 - 34 - LRB096 08742 AJT 18874 b
(6) a copy of the recorded images, including a photo of
the driver's face and license plate;
(7) the amount of the civil penalty imposed and the
date by which the civil penalty should be paid;
(8) a signed statement by a technician employed by the
Department or county or municipality having jurisdiction
that, based on inspection of recorded images, the motor
vehicle was being operated in violation of Section 11-605
of this Code or a similar local ordinance;
(9) a signed statement by a technician employed by the
Department that the automated speed enforcement system
recording the person was tested and correctly calibrated on
the date of the violation;
(10) a statement that recorded images are evidence of
an automated speed enforcement system violation;
(11) information advising the person alleged to have
violated the automated speed enforcement system:
(A) of the manner, time, and place that the
violation may be contested; and
(B) 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 owner of the vehicle;
and
(12) a statement that the person may elect to proceed
by:

SB1950 - 35 - LRB096 08742 AJT 18874 b
(A) paying the citation or civil penalty;
(B) challenging the charge by trial or by
administrative hearing; or
(C) identifying the person operating the motor
vehicle at the time of the violation, including the
person's name and current address.
(e) If the person named in the violation notice is the
owner of a commercial motor vehicle, as defined in Section
6-500 of this Code, named in the violation notice, the person
may demonstrate that the person did not violate this Section or
similar local ordinance by mailing a certified letter
containing an affidavit that (i) swears that the person named
in the violation notice was not operating the commercial motor
vehicle at the time of the violation and (ii) provides the
name, current address, and driver's license number of the
person who was operating the commercial motor vehicle at the
time of the violation.
(f) In any hearing for which a civil penalty is assessed
for a violation of this Section or a similar local ordinance,
the rules of evidence must include:
(1) based on inspection of recorded images produced by
an automated speed enforcement system, a notice alleging
that the violation occurred is evidence of the facts
contained in the notice and admissible in any proceeding
alleging a violation under this Section;
(2) the standard of proof is by the preponderance of

SB1950 - 36 - LRB096 08742 AJT 18874 b
the evidence; and
(3) the court or hearing officer may consider in
defense of a violation:
(A) that the motor vehicle or registration plates
of the motor vehicle were stolen before the violation
occurred and not under the control of or in the
possession of the owner at the time of the violation;
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;
(B) that evidence satisfactory to the court or
hearing officer that the person named in the violation
notice was not operating the vehicle at the time of the
violation; if the court or hearing officer finds that
the person named in the violation notice was not
operating the vehicle at the time of the violation, the
owner is not liable; if the court or hearing officer
has evidence that another identified person was
driving the vehicle at the time of the violation, the
court or hearing officer must provide the Department or
unit of local government that evidence and the
Department or unit of local government may issue a

SB1950 - 37 - LRB096 08742 AJT 18874 b
notice violation to the identified person pursuant to
this Section; or
(C) any other evidence the court or hearing officer
deems pertinent to the hearing.
(g) 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
including, but not limited to, evaluation of an automated speed
enforcement system under subdivision (6) of subsection (b) of
this Section. Any recorded image evidencing a violation,
however, may be admissible in any hearing resulting from the
issuance of the citation.
(h) Unless the driver of the motor vehicle was cited by a
police officer at the time of the violation, the motor vehicle
owner is subject to a civil penalty. 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. Notwithstanding any other provision of law, the civil
penalty for a violation under this Section is as follows:
(1) For violations issued by the Department:
(A) $165 for traveling 15 mph over the posted speed
limit on an interstate highway;
(B) $200 for traveling 16 through 30 mph over the

SB1950 - 38 - LRB096 08742 AJT 18874 b
posted speed limit on an interstate highway; and
(C) $300 for traveling 31 mph or more over the
posted speed limit on an interstate highway.
(2) For violations issued by a county of municipality,
the civil penalty for violation of this Section or a
similar local ordinance is in the discretion of the county
or municipality and must be enacted by local ordinance.
(i) All civil penalties collected for a violation of this
Section or a similar local ordinance shall be deposited into an
Automated Speed Enforcement Fund. Funds in the Automated Speed
Enforcement Fund shall be disbursed according to rules adopted
by the Department pursuant to subdivision (7) of subsection (b)
and as provided for in subsection (l) of this Section.
(j) The Secretary of State may suspend the driving
privileges of the owner of the vehicle under Section 6-306.5 of
this Code for failing to pay any fine or penalty due and owing
as a result of 5 violations of the automated traffic law
enforcement system under Section 11-208.6 of this Code or the
automated speed enforcement system under this Section or any
combination thereof. The Secretary of State may refuse to issue
or renew registration for vehicles owned by a person failing to
pay a civil penalty for violation of this Section or a similar
local ordinance.
(k) A high-risk location that is equipped with an automated
speed enforcement system must be posted with a sign visible to
approaching traffic one-half mile before the high-risk

SB1950 - 39 - LRB096 08742 AJT 18874 b
location indicating that the area is being monitored by an
automated speed enforcement system.
(l) The Automated Speed Enforcement Fund is created a
special fund in the State treasury. All moneys in the Automated
Speed Enforcement Fund shall be paid, subject to appropriation
by the General Assembly and approval by the Secretary, to:
(1) the Department for the acquisition, installation,
replacement, public information campaigns, evaluations,
and administration of automated speed enforcement systems
under this Section;
(2) a school district for the upgrading and improvement
of educational programs;
(3) a county or municipality for the administration of
automated speed enforcement system violations under this
Section and the general revenue of the county or
municipality; and
(4) the General Revenue Fund of this State.
(625 ILCS 5/11-612)
Sec. 11-612. Certain systems to record vehicle speeds
prohibited. Except as authorized in Section 11-208.7 of this
Code or in the Automated Traffic Control Systems in Highway
Construction or Maintenance Zones Act, no photographic, video,
or other imaging system may be used in this State to record
vehicle speeds for the purpose of enforcing any law or
ordinance regarding a maximum or minimum speed limit unless a

SB1950 - 40 - LRB096 08742 AJT 18874 b
law enforcement officer is present at the scene and witnesses
the event. No State or local governmental entity, including a
home rule county or municipality, may use such a system in a
way that is prohibited by this Section. The regulation of the
use of such systems is an exclusive power and function of the
State. This Section 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. 94-771, eff. 1-1-07; 94-795, eff. 5-22-06;
94-814, eff. 1-1-07.)
Section 10. The State Finance Act is amended by adding
Section 5.719 as follows:
(30 ILCS 105/5.719 new)
Sec. 5.719. The Automated Speed Enforcement Fund.
Section 99. Effective date. This Act takes effect upon
becoming law.