Bill Text: IL HB0322 | 2019-2020 | 101st General Assembly | Introduced


Bill Title: Amends the Illinois Vehicle Code. Provides that, after January 1, 2020, 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. Makes corresponding changes. Amends the State Mandates Act to require implementation without reimbursement from the State.

Spectrum: Bipartisan Bill

Status: (Introduced) 2019-11-04 - Added Chief Co-Sponsor Rep. Mary E. Flowers [HB0322 Detail]

Download: Illinois-2019-HB0322-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB0322

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 805/8.43 new

Amends the Illinois Vehicle Code. Provides that, after January 1, 2020, 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. Makes corresponding changes. Amends the State Mandates Act to require implementation without reimbursement from the State.
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FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

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, low-speed
12 electric bicycles, and low-speed gas bicycles, and
13 requiring the registration and licensing of same,
14 including the requirement of a registration fee;
15 9. Regulating or prohibiting the turning of vehicles or
16 specified types of vehicles at intersections;
17 10. Altering the speed limits as authorized in Section
18 11-604;
19 11. Prohibiting U-turns;
20 12. Prohibiting pedestrian crossings at other than
21 designated and marked crosswalks or at intersections;
22 13. Prohibiting parking during snow removal operation;
23 14. Imposing fines in accordance with Section
24 11-1301.3 as penalties for use of any parking place
25 reserved for persons with disabilities, as defined by
26 Section 1-159.1, or veterans with disabilities by any

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1 person using a motor vehicle not bearing registration
2 plates specified in Section 11-1301.1 or a special decal or
3 device as defined in Section 11-1301.2 as evidence that the
4 vehicle is operated by or for a person with disabilities or
5 a veteran with a disability;
6 15. Adopting such other traffic regulations as are
7 specifically authorized by this Code; or
8 16. Enforcing the provisions of subsection (f) of
9 Section 3-413 of this Code or a similar local ordinance.
10 (b) No ordinance or regulation enacted under paragraph 1,
114, 5, 6, 7, 9, 10, 11 or 13 of subsection (a) shall be effective
12until signs giving reasonable notice of such local traffic
13regulations are posted.
14 (c) The provisions of this Code shall not prevent any
15municipality having a population of 500,000 or more inhabitants
16from prohibiting any person from driving or operating any motor
17vehicle upon the roadways of such municipality with headlamps
18on high beam or bright.
19 (d) The provisions of this Code shall not be deemed to
20prevent local authorities within the reasonable exercise of
21their police power from prohibiting, on private property, the
22unauthorized use of parking spaces reserved for persons with
23disabilities.
24 (e) No unit of local government, including a home rule
25unit, may enact or enforce an ordinance that applies only to
26motorcycles if the principal purpose for that ordinance is to

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1restrict the access of motorcycles to any highway or portion of
2a highway for which federal or State funds have been used for
3the planning, design, construction, or maintenance of that
4highway. No unit of local government, including a home rule
5unit, may enact an ordinance requiring motorcycle users to wear
6protective headgear. Nothing in this subsection (e) shall
7affect the authority of a unit of local government to regulate
8motorcycles for traffic control purposes or in accordance with
9Section 12-602 of this Code. No unit of local government,
10including a home rule unit, may regulate motorcycles in a
11manner inconsistent with this Code. This subsection (e) is a
12limitation under subsection (i) of Section 6 of Article VII of
13the Illinois Constitution on the concurrent exercise by home
14rule units of powers and functions exercised by the State.
15 (e-5) The City of Chicago may enact an ordinance providing
16for a noise monitoring system upon any portion of the roadway
17known as Lake Shore Drive. Twelve months after the installation
18of the noise monitoring system, and any time after the first
19report as the City deems necessary, the City of Chicago shall
20prepare a noise monitoring report with the data collected from
21the system and shall, upon request, make the report available
22to the public. For purposes of this subsection (e-5), "noise
23monitoring system" means an automated noise monitor capable of
24recording noise levels 24 hours per day and 365 days per year
25with computer equipment sufficient to process the data.
26 (e-10) A unit of local government, including a home rule

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1unit, may not enact an ordinance prohibiting the use of
2Automated Driving System equipped vehicles on its roadways.
3Nothing in this subsection (e-10) shall affect the authority of
4a unit of local government to regulate Automated Driving System
5equipped vehicles for traffic control purposes. No unit of
6local government, including a home rule unit, may regulate
7Automated Driving System equipped vehicles in a manner
8inconsistent with this Code. For purposes of this subsection
9(e-10), "Automated Driving System equipped vehicle" means any
10vehicle equipped with an Automated Driving System of hardware
11and software that are collectively capable of performing the
12entire dynamic driving task on a sustained basis, regardless of
13whether it is limited to a specific operational domain. This
14subsection (e-10) is a limitation under subsection (i) of
15Section 6 of Article VII of the Illinois Constitution on the
16concurrent exercise by home rule units of powers and functions
17exercised by the State.
18 (f) A municipality or county designated in Section 11-208.6
19may enact an ordinance providing for an automated traffic law
20enforcement system to enforce violations of this Code or a
21similar provision of a local ordinance and imposing liability
22on a registered owner or lessee of a vehicle used in such a
23violation; however, on or after January 1, 2020, no non-home
24rule unit within a county designated in subsection (m) of
25Section 11-208.6 may enact or continue to enforce an ordinance
26providing for an automated traffic law enforcement system to

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1enforce violations of this Code or a similar provision of a
2local ordinance.
3 (g) A municipality or county, as provided in Section
411-1201.1, may enact an ordinance providing for an automated
5traffic law enforcement system to enforce violations of Section
611-1201 of this Code or a similar provision of a local
7ordinance and imposing liability on a registered owner of a
8vehicle used in such a violation.
9 (h) A municipality designated in Section 11-208.8 may enact
10an ordinance providing for an automated speed enforcement
11system to enforce violations of Article VI of Chapter 11 of
12this Code or a similar provision of a local ordinance.
13 (i) A municipality or county designated in Section 11-208.9
14may enact an ordinance providing for an automated traffic law
15enforcement system to enforce violations of Section 11-1414 of
16this Code or a similar provision of a local ordinance and
17imposing liability on a registered owner or lessee of a vehicle
18used in such a violation.
19(Source: P.A. 99-143, eff. 7-27-15; 100-209, eff. 1-1-18;
20100-257, eff. 8-22-17; 100-352, eff. 6-1-18; 100-863, eff.
218-14-18.)
22 (625 ILCS 5/11-208.6)
23 Sec. 11-208.6. Automated traffic law enforcement system.
24 (a) As used in this Section, "automated traffic law
25enforcement system" means a device with one or more motor

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1vehicle sensors working in conjunction with a red light signal
2to produce recorded images of motor vehicles entering an
3intersection against a red signal indication in violation of
4Section 11-306 of this Code or a similar provision of a local
5ordinance.
6 Until January 1, 2020, an An automated traffic law
7enforcement system is a system, in a municipality or county
8operated by a governmental agency, that produces a recorded
9image of a motor vehicle's violation of a provision of this
10Code or a local ordinance and is designed to obtain a clear
11recorded image of the vehicle and the vehicle's license plate.
12On and after January 1, 2020, an automated traffic law
13enforcement system is a system, in a municipality that is a
14home rule unit within a county designated in subsection (m) of
15this Section, operated by a governmental agency, that produces
16a recorded image of a motor vehicle's violation of a provision
17of this Code or a local ordinance and is designed to obtain a
18clear recorded image of the vehicle and the vehicle's license
19plate. The recorded image must also display the time, date, and
20location of the violation.
21 (b) As used in this Section, "recorded images" means images
22recorded by an automated traffic law enforcement system on:
23 (1) 2 or more photographs;
24 (2) 2 or more microphotographs;
25 (3) 2 or more electronic images; or
26 (4) a video recording showing the motor vehicle and, on

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

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1pedestrians or bicyclists are present, even if the motor
2vehicle stops at a point past a stop line or crosswalk where a
3driver is required to stop, as specified in subsection (c) of
4Section 11-306 of this Code or a similar provision of a local
5ordinance.
6 (c-6) A county, or a municipality with less than 2,000,000
7inhabitants, including a home rule county or municipality, may
8not use an automated traffic law enforcement system to issue
9violations in instances where a motorcyclist enters an
10intersection against a red signal indication when the red
11signal fails to change to a green signal within a reasonable
12period of time not less than 120 seconds because of a signal
13malfunction or because the signal has failed to detect the
14arrival of the motorcycle due to the motorcycle's size or
15weight.
16 (d) For each violation of a provision of this Code or a
17local ordinance recorded by an automatic traffic law
18enforcement system, the county or municipality having
19jurisdiction shall issue a written notice of the violation to
20the registered owner of the vehicle as the alleged violator.
21The notice shall be delivered to the registered owner of the
22vehicle, by mail, within 30 days after the Secretary of State
23notifies the municipality or county of the identity of the
24owner of the vehicle, but in no event later than 90 days after
25the violation.
26 The notice shall include:

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1 (1) the name and address of the registered owner of the
2 vehicle;
3 (2) the registration number of the motor vehicle
4 involved in the violation;
5 (3) the violation charged;
6 (4) the location where the violation occurred;
7 (5) the date and time of the violation;
8 (6) a copy of the recorded images;
9 (7) the amount of the civil penalty imposed and the
10 requirements of any traffic education program imposed and
11 the date by which the civil penalty should be paid and the
12 traffic education program should be completed;
13 (8) a statement that recorded images are evidence of a
14 violation of a red light signal;
15 (9) a warning that failure to pay the civil penalty, to
16 complete a required traffic education program, or to
17 contest liability in a timely manner is an admission of
18 liability and may result in a suspension of the driving
19 privileges of the registered owner of the vehicle;
20 (10) a statement that the person may elect to proceed
21 by:
22 (A) paying the fine, completing a required traffic
23 education program, or both; or
24 (B) challenging the charge in court, by mail, or by
25 administrative hearing; and
26 (11) a website address, accessible through the

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

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

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1timely manner, if the motor vehicle is recorded by an automated
2traffic law enforcement system. A violation for which a civil
3penalty is imposed under this Section is not a violation of a
4traffic regulation governing the movement of vehicles and may
5not be recorded on the driving record of the owner of the
6vehicle.
7 (j-3) A registered owner who is a holder of a valid
8commercial driver's license is not required to complete a
9traffic education program.
10 (j-5) For purposes of the required traffic education
11program only, a registered owner may submit an affidavit to the
12court or hearing officer swearing that at the time of the
13alleged violation, the vehicle was in the custody and control
14of another person. The affidavit must identify the person in
15custody and control of the vehicle, including the person's name
16and current address. The person in custody and control of the
17vehicle at the time of the violation is required to complete
18the required traffic education program. If the person in
19custody and control of the vehicle at the time of the violation
20completes the required traffic education program, the
21registered owner of the vehicle is not required to complete a
22traffic education program.
23 (k) An intersection equipped with an automated traffic law
24enforcement system must be posted with a sign visible to
25approaching traffic indicating that the intersection is being
26monitored by an automated traffic law enforcement system.

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

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1shall be published on the website of the municipality or
2county. If the statistical analysis for the 36 month period
3following installation of the system indicates that there has
4been an increase in the rate of accidents at the approach to
5the intersection monitored by the system, the municipality or
6county shall undertake additional studies to determine the
7cause and severity of the accidents, and may take any action
8that it determines is necessary or appropriate to reduce the
9number or severity of the accidents at that intersection.
10 (l) The compensation paid for an automated traffic law
11enforcement system must be based on the value of the equipment
12or the services provided and may not be based on the number of
13traffic citations issued or the revenue generated by the
14system.
15 (m) This Section applies only to the counties of Cook,
16DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and
17to municipalities located within those counties.
18 (n) The fee for participating in a traffic education
19program under this Section shall not exceed $25.
20 A low-income individual required to complete a traffic
21education program under this Section who provides proof of
22eligibility for the federal earned income tax credit under
23Section 32 of the Internal Revenue Code or the Illinois earned
24income tax credit under Section 212 of the Illinois Income Tax
25Act shall not be required to pay any fee for participating in a
26required traffic education program.

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1 (o) A municipality or county shall make a certified report
2to the Secretary of State pursuant to Section 6-306.5 of this
3Code whenever a registered owner of a vehicle has failed to pay
4any fine or penalty due and owing as a result of a combination
5of 5 offenses for automated traffic law or speed enforcement
6system violations.
7 (p) No person who is the lessor of a motor vehicle pursuant
8to a written lease agreement shall be liable for an automated
9speed or traffic law enforcement system violation involving
10such motor vehicle during the period of the lease; provided
11that upon the request of the appropriate authority received
12within 120 days after the violation occurred, the lessor
13provides within 60 days after such receipt the name and address
14of the lessee. The drivers license number of a lessee may be
15subsequently individually requested by the appropriate
16authority if needed for enforcement of this Section.
17 Upon the provision of information by the lessor pursuant to
18this subsection, the county or municipality may issue the
19violation to the lessee of the vehicle in the same manner as it
20would issue a violation to a registered owner of a vehicle
21pursuant to this Section, and the lessee may be held liable for
22the violation.
23(Source: P.A. 97-29, eff. 1-1-12; 97-627, eff. 1-1-12; 97-672,
24eff. 7-1-12; 97-762, eff. 7-6-12; 98-463, eff. 8-16-13.)
25 Section 90. The State Mandates Act is amended by adding

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1Section 8.43 as follows:
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