Bill Text: IL SB3662 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Election Code. Provides that a political committee that receives a contribution from a vendor providing automated traffic systems shall dispose of the contribution by returning the contribution or an amount equal to the contribution to the contributor or by donating the contribution or an amount equal to the contribution to a charity. Provides that a contribution received in violation of the provision that is not disposed of within 30 days after the State Board of Elections sends notification to the political committee of the excess contribution by certified mail shall escheat to the General Revenue Fund, and the political committee shall be deemed in violation and shall be subject to a civil penalty not to exceed 150% of the total amount of the contribution. Amends the Illinois Vehicle Code. Provides that provisions concerning automated traffic law enforcement system apply to townships (in addition to municipalities and townships).

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-04-19 - Rule 2-10 Committee Deadline Established As May 3, 2024 [SB3662 Detail]

Download: Illinois-2023-SB3662-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3662 Introduced 2/9/2024, by Sen. Laura M. Murphy SYNOPSIS AS INTRODUCED:
10 ILCS 5/9-50
625 ILCS 5/11-208.3 from Ch. 95 1/2, par. 11-208.3
625 ILCS 5/11-208.6
625 ILCS 5/11-208.8
625 ILCS 5/11-208.9
625 ILCS 5/11-1201.1
Amends the Election Code. Provides that a political committee that receives a contribution from a vendor providing automated traffic systems shall dispose of the contribution by returning the contribution or an amount equal to the contribution to the contributor or by donating the contribution or an amount equal to the contribution to a charity. Provides that a contribution received in violation of the provision that is not disposed of within 30 days after the State Board of Elections sends notification to the political committee of the excess contribution by certified mail shall escheat to the General Revenue Fund, and the political committee shall be deemed in violation and shall be subject to a civil penalty not to exceed 150% of the total amount of the contribution. Amends the Illinois Vehicle Code. Provides that provisions concerning automated traffic law enforcement system apply to townships (in addition to municipalities and townships).
LRB103 39483 SPS 69678 b
A BILL FOR
SB3662 LRB103 39483 SPS 69678 b
AN ACT concerning automated traffic systems.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Election Code is amended by changing
Section 9-50 as follows:
(10 ILCS 5/9-50)
Sec. 9-50. Vendor providing automated traffic systems;
contributions.
(a) No vendor that offers or provides equipment or
services for automated traffic law enforcement, automated
speed enforcement, or automated railroad grade crossing
enforcement systems to townships, municipalities, or counties,
no political action committee created by such a vendor, and no
vendor-affiliated person shall make a campaign contribution to
any political committee established to promote the candidacy
of a candidate or public official. An officer or agent of such
a vendor may not consent to any contribution or expenditure
that is prohibited by this Section. A candidate, political
committee, or other person may not knowingly accept or receive
any contribution prohibited by this Section. A political
committee that receives a contribution in violation of this
Section shall dispose of the contribution by returning the
contribution or an amount equal to the contribution to the

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contributor or by donating the contribution or an amount equal
to the contribution to a charity. A contribution received in
violation of this Section that is not disposed of within 30
days after the Board sends notification to the political
committee of the excess contribution by certified mail shall
escheat to the General Revenue Fund, and the political
committee shall be deemed in violation of this Section and
shall be subject to a civil penalty not to exceed 150% of the
total amount of the contribution.
(b) As used in this Section:
"Automated law enforcement system", "automated speed
enforcement system", and "automated railroad grade crossing
enforcement system" have the meanings given to those terms in
Article II of Chapter 11 of the Illinois Vehicle Code.
"Vendor-affiliated person" means: (i) any person with an
ownership interest in excess of 7.5% in a vendor that offers or
provides equipment or services for automated traffic law
enforcement, automated speed enforcement, or automated
railroad grade crossing enforcement systems to townships,
municipalities, or counties; (ii) any person with a
distributive share in excess of 7.5% in a vendor that offers or
provides equipment or services for automated traffic law
enforcement, automated speed enforcement, or automated
railroad grade crossing enforcement systems to townships,
municipalities, or counties; (iii) any executive employees of
a vendor that offers or provides equipment or services for

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automated traffic law enforcement, automated speed
enforcement, or automated railroad grade crossing enforcement
systems to townships, municipalities, or counties; and (iv)
the spouse, minor child, or other immediate family member
living in the residence of any of the persons identified in
items (i) through (iii).
(Source: P.A. 103-364, eff. 7-28-23.)
Section 10. The Illinois Vehicle Code is amended by
changing Sections 11-208.3, 11-208.6, 11-208.8, 11-208.9, and
11-1201.1 Section 11-208.6 as follows:
(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, automated traffic law violations, and
automated speed enforcement system violations.
(a) Any township, municipality, or county may provide by
ordinance for a system of administrative adjudication of
vehicular standing and parking violations and vehicle
compliance violations as described in this subsection,
automated traffic law violations as defined in Section
11-208.6, 11-208.9, or 11-1201.1, and automated speed
enforcement system violations as defined in Section 11-208.8.
The administrative system shall have as its purpose the fair
and efficient enforcement of township, municipal, or county

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regulations through the administrative adjudication of
automated speed enforcement system or automated traffic law
violations and violations of township, municipal, or county
ordinances regulating the standing and parking of vehicles,
the condition and use of vehicle equipment, and the display of
township, municipal, or county wheel tax licenses within the
township's, municipality's, or county's borders. The
administrative system shall only have authority to adjudicate
civil offenses carrying fines not in excess of $500 or
requiring the completion of a traffic education program, or
both, 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
township, municipal, or county regulation governing the
condition or use of equipment on a vehicle or governing the
display of a township, municipal, or county 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 enforcement system or automated 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 enforcement system or automated traffic
law violations, and operate an administrative adjudication

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system.
(2) A parking, standing, compliance, automated speed
enforcement system, or automated traffic law violation
notice that shall specify or include the date, time, and
place of violation of a parking, standing, compliance,
automated speed enforcement system, or automated traffic
law regulation; the particular regulation violated; any
requirement to complete a traffic education program; the
fine and any penalty that may be assessed for late payment
or failure to complete a required traffic education
program, or both, when so provided by ordinance; the
vehicle make or a photograph of the vehicle; the state
registration number of the vehicle; and the identification
number of the person issuing the notice. With regard to
automated speed enforcement system or automated traffic
law violations, vehicle make shall be specified on the
automated speed enforcement system or automated traffic
law violation notice if the notice does not include a
photograph of the vehicle and the make is available and
readily discernible. With regard to townships,
municipalities, or counties 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 completion of any required traffic education
program, the payment of any indicated fine, and the

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payment of any applicable penalty for late payment or
failure to complete a required traffic education program,
or both, 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 a parking, standing, or compliance
violation notice by: (i) affixing the original or a
facsimile of the notice to an unlawfully parked or
standing vehicle; (ii) handing the notice to the operator
of a vehicle if he or she is present; or (iii) mailing the
notice to the address of the registered owner or lessee of
the cited vehicle as recorded with the Secretary of State
or the lessor of the motor vehicle within 30 days after the
Secretary of State or the lessor of the motor vehicle
notifies the township, municipality, or county of the
identity of the owner or lessee of the vehicle, but not
later than 90 days after the date of the violation, except
that in the case of a lessee of a motor vehicle, service of
a parking, standing, or compliance violation notice may
occur no later than 210 days after the violation; and
service of an automated speed enforcement system or
automated traffic law violation notice by mail to the
address of the registered owner or lessee of the cited
vehicle as recorded with the Secretary of State or the

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lessor of the motor vehicle within 30 days after the
Secretary of State or the lessor of the motor vehicle
notifies the township, municipality, or county of the
identity of the owner or lessee of the vehicle, but not
later than 90 days after the violation, except that in the
case of a lessee of a motor vehicle, service of an
automated traffic law violation notice may occur no later
than 210 days after the violation. A person authorized by
ordinance to issue and serve parking, standing, and
compliance 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 township, municipality, or county that,
based on inspection of recorded images, the motor vehicle
was being operated in violation of Section 11-208.6,
11-208.9, or 11-1201.1 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

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citation shall not be issued. In townships or
municipalities with a population of less than 1,000,000
inhabitants and counties with a population of less than
3,000,000 inhabitants, the automated traffic law ordinance
shall require that all determinations by a technician that
a motor vehicle was being operated in violation of Section
11-208.6, 11-208.9, or 11-1201.1 or a local ordinance must
be reviewed and approved by a law enforcement officer or
retired law enforcement officer of the township,
municipality, or county issuing the violation. In
townships or municipalities with a population of 1,000,000
or more inhabitants and counties with a population of
3,000,000 or more inhabitants, the automated traffic law
ordinance shall require that all determinations by a
technician that a motor vehicle was being operated in
violation of Section 11-208.6, 11-208.9, or 11-1201.1 or a
local ordinance must be reviewed and approved by a law
enforcement officer or retired law enforcement officer of
the township, municipality, or county issuing the
violation or by an additional fully trained reviewing
technician who is not employed by the contractor who
employs the technician who made the initial determination.
In the case of an automated speed enforcement system
violation, the ordinance shall require a determination by
a technician employed by the township or municipality,
based upon an inspection of recorded images, video or

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other documentation, including documentation of the speed
limit and automated speed enforcement signage, and
documentation of the inspection, calibration, and
certification of the speed equipment, that the vehicle was
being operated in violation of Article VI of Chapter 11 of
this Code or a similar local ordinance. If the technician
determines that the vehicle speed was not determined by a
calibrated, certified speed equipment device based upon
the speed equipment documentation, or if the vehicle was
an emergency vehicle, a citation may not be issued. The
automated speed enforcement ordinance shall require that
all determinations by a technician that a violation
occurred be reviewed and approved by a law enforcement
officer or retired law enforcement officer of the township
or municipality issuing the violation or by an additional
fully trained reviewing technician who is not employed by
the contractor who employs the technician who made the
initial determination. Routine and independent calibration
of the speeds produced by automated speed enforcement
systems and equipment shall be conducted annually by a
qualified technician. Speeds produced by an automated
speed enforcement system shall be compared with speeds
produced by lidar or other independent equipment. Radar or
lidar equipment shall undergo an internal validation test
no less frequently than once each week. Qualified
technicians shall test loop-based equipment no less

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frequently than once a year. Radar equipment shall be
checked for accuracy by a qualified technician when the
unit is serviced, when unusual or suspect readings
persist, or when deemed necessary by a reviewing
technician. Radar equipment shall be checked with the
internal frequency generator and the internal circuit test
whenever the radar is turned on. Technicians must be alert
for any unusual or suspect readings, and if unusual or
suspect readings of a radar unit persist, that unit shall
immediately be removed from service and not returned to
service until it has been checked by a qualified
technician and determined to be functioning properly.
Documentation of the annual calibration results, including
the equipment tested, test date, technician performing the
test, and test results, shall be maintained and available
for use in the determination of an automated speed
enforcement system violation and issuance of a citation.
The technician performing the calibration and testing of
the automated speed enforcement equipment shall be trained
and certified in the use of equipment for speed
enforcement purposes. Training on the speed enforcement
equipment may be conducted by law enforcement, civilian,
or manufacturer's personnel and if applicable may be
equivalent to the equipment use and operations training
included in the Speed Measuring Device Operator Program
developed by the National Highway Traffic Safety

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Administration (NHTSA). The vendor or technician who
performs the work shall keep accurate records on each
piece of equipment the technician calibrates and tests. As
used in this paragraph, "fully trained reviewing
technician" means a person who has received at least 40
hours of supervised training in subjects which shall
include image inspection and interpretation, the elements
necessary to prove a violation, license plate
identification, and traffic safety and management. In all
townships, municipalities, and counties, the automated
speed enforcement system or automated traffic law
ordinance shall require that no additional fee shall be
charged to the alleged violator for exercising his or her
right to an administrative hearing, and persons shall be
given at least 25 days following an administrative hearing
to pay any civil penalty imposed by a finding that Section
11-208.6, 11-208.8, 11-208.9, or 11-1201.1 or a similar
local ordinance has been violated. 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
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,
automated speed enforcement system, or automated traffic
law violation notice issued, signed, and served in

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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, automated speed enforcement system, or
automated 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 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

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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 or subsection (p) of Section
11-208.6 or 11-208.9, or subsection (p) of Section
11-208.8 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 if the first notice of the
violation was issued by affixing the original or a
facsimile of the notice to the unlawfully parked
vehicle or by handing the notice to the operator. This
notice shall specify or include the date and location
of the violation cited in the parking, standing, or
compliance violation notice, the particular regulation
violated, the vehicle make or a photograph of the
vehicle, the state registration number of the vehicle,

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any requirement to complete a traffic education
program, the fine and any penalty that may be assessed
for late payment or failure to complete a traffic
education program, or both, when so provided 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 to complete
a required traffic education program, 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
incomplete traffic education program or any unpaid
fine or penalty, or both, will constitute a debt due
and owing the township, municipality, or county.
(ii) A notice of final determination of parking,
standing, compliance, automated speed enforcement
system, or automated traffic law violation liability.
This notice shall be sent following a final
determination of parking, standing, compliance,

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automated speed enforcement system, or automated
traffic law violation liability and the conclusion of
judicial review procedures taken under this Section.
The notice shall state that the incomplete traffic
education program or the unpaid fine or penalty, or
both, is a debt due and owing the township,
municipality, or county. The notice shall contain
warnings that failure to complete any required traffic
education program or to pay any fine or penalty due and
owing the township, municipality, or county, or both,
within the time specified may result in the
township's, municipality's, or county's filing of a
petition in the Circuit Court to have the incomplete
traffic education program or unpaid fine or penalty,
or both, rendered a judgment as provided by this
Section, or, where applicable, may result in
suspension of the person's driver's license for
failure to complete a traffic education program.
(6) A notice of impending driver's license suspension.
This notice shall be sent to the person liable for failure
to complete a required traffic education program. The
notice shall state that failure to complete a required
traffic education program within 45 days of the notice's
date will result in the township, municipality, or county
notifying the Secretary of State that the person is
eligible for initiation of suspension proceedings under

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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 township,
municipality, or county along with a request for the
photostatic copy. The notice of impending driver's 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
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 complete the required traffic
education program or to pay the fine or penalty, or both,
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

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parking, standing, compliance, automated speed enforcement
system, or automated traffic law violation liability that
may be filed by a person owing an unpaid fine or penalty. A
petition to set aside a determination of liability may
also be filed by a person required to complete a traffic
education program. 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 completed the required traffic education
program or paid the fine or penalty, or both, for the
violation in question, and (C) excusable failure to appear
at or request a new date for a hearing. With regard to
townships, municipalities, or counties 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, only if specified in the violation notice,
is incorrect. After the determination of parking,
standing, compliance, automated speed enforcement system,
or automated 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

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persons who are not residents of the township,
municipality, or county 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, automated speed
enforcement system, or automated traffic law regulations
enacted by ordinance pursuant to this Section, and a
schedule of penalties for late payment of the fines or
failure to complete required traffic education programs,
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.
(b-5) An automated speed enforcement system or automated
traffic law ordinance adopted under this Section by a
township, municipality, or county shall require that the
determination to issue a citation be vested solely with the
township, municipality, or county and that such authority may
not be delegated to any vendor retained by the township,
municipality, or county. Any contract or agreement violating
such a provision in the ordinance is null and void.
(c) Any township, municipality, or county establishing
vehicular standing, parking, compliance, automated speed

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enforcement system, or automated traffic law 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 incomplete traffic education
programs or unpaid final determinations of parking,
standing, compliance, automated speed enforcement system,
or automated traffic law violation liability, or both, 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 incomplete traffic
education programs or unpaid final determinations of
parking, standing, compliance, automated speed enforcement
system, or automated traffic law violation liability, or
both, listed on the notice.
(3) The right to a prompt hearing after a vehicle has
been immobilized or subsequently towed without the

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completion of the required traffic education program or
payment of the outstanding fines and penalties on parking,
standing, compliance, automated speed enforcement system,
or automated traffic law violations, or both, for which
final determinations have been issued. An order 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, automated speed enforcement system, or
automated 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, incomplete traffic education
program, 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 township, municipality, or county and, as
such, may be collected in accordance with applicable law.
Completion of any required traffic education program and
payment in full of any fine or penalty resulting from a

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standing, parking, compliance, automated speed enforcement
system, or automated 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, automated speed enforcement
system, or automated traffic law violation, the township,
municipality, or county may commence a proceeding in the
Circuit Court for purposes of obtaining a judgment on the
final determination of violation. Nothing in this Section
shall prevent a township, municipality, or county from
consolidating multiple final determinations of parking,
standing, compliance, automated speed enforcement system, or
automated traffic law violations against a person in a
proceeding. Upon commencement of the action, the township,
municipality, or county shall file a certified copy or record
of the final determination of parking, standing, compliance,
automated speed enforcement system, or automated 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 township, municipal, or county 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

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final determinations of parking, standing, compliance,
automated speed enforcement system, or automated traffic law
violations does not exceed $2500. If the court is satisfied
that the final determination of parking, standing, compliance,
automated speed enforcement system, or automated traffic law
violation was entered in accordance with the requirements of
this Section and the applicable township, municipal, or county
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 township, municipality,
or county and against the registered owner or the lessee for
the amount indicated in the final determination of parking,
standing, compliance, automated speed enforcement system, or
automated 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.
(g) The fee for participating in a traffic education
program under this Section shall not exceed $25.
A low-income individual required to complete a traffic
education program under this Section who provides proof of
eligibility for the federal earned income tax credit under
Section 32 of the Internal Revenue Code or the Illinois earned
income tax credit under Section 212 of the Illinois Income Tax
Act shall not be required to pay any fee for participating in a
required traffic education program.

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(h) Notwithstanding any other provision of law to the
contrary, a person shall not be liable for violations, fees,
fines, or penalties under this Section during the period in
which the motor vehicle was stolen or hijacked, as indicated
in a report to the appropriate law enforcement agency filed in
a timely manner.
(Source: P.A. 102-558, eff. 8-20-21; 102-905, eff. 1-1-23;
103-364, eff. 7-28-23.)
(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 township, 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.

SB3662 - 24 - LRB103 39483 SPS 69678 b
(b) As used in this Section, "recorded images" means
images recorded by an automated traffic law 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 or digital registration
plate number of the motor vehicle.
(b-5) A township, 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) Except as provided under Section 11-208.8 of this
Code, a township, county, or municipality, including a home
rule county, or municipality, or township, may not use an
automated traffic law enforcement system to provide recorded
images of a motor vehicle for the purpose of recording its
speed. Except as provided under Section 11-208.8 of this Code,
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

SB3662 - 25 - LRB103 39483 SPS 69678 b
(h) of Section 6 of Article VII of the Illinois Constitution.
(c-5) A township, county, or municipality, including a
home rule county, or municipality, or township, may not use an
automated traffic law enforcement system to issue violations
in instances where the motor vehicle comes to a complete stop
and does not enter the intersection, as defined by Section
1-132 of this Code, during the cycle of the red signal
indication unless one or more pedestrians or bicyclists are
present, even if the motor vehicle stops at a point past a stop
line or crosswalk where a driver is required to stop, as
specified in subsection (c) of Section 11-306 of this Code or a
similar provision of a local ordinance.
(c-6) A township, a county, or a municipality with less
than 2,000,000 inhabitants, including a home rule county, or
municipality, or township, may not use an automated traffic
law enforcement system to issue violations in instances where
a motorcyclist enters an intersection against a red signal
indication when the red signal fails to change to a green
signal within a reasonable period of time not less than 120
seconds because of a signal malfunction or because the signal
has failed to detect the arrival of the motorcycle due to the
motorcycle's size or weight.
(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, or township
having jurisdiction shall issue a written notice of the

SB3662 - 26 - LRB103 39483 SPS 69678 b
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 township, municipality, or
county of the identity of the 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
requirements of any traffic education program imposed and
the date by which the civil penalty should be paid and the
traffic education program should be completed;
(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,
to complete a required traffic education program, or to
contest liability in a timely manner is an admission of
liability;
(10) a statement that the person may elect to proceed

SB3662 - 27 - LRB103 39483 SPS 69678 b
by:
(A) paying the fine, completing a required traffic
education program, or both; or
(B) challenging the charge in court, by mail, or
by administrative hearing; and
(11) a website address, accessible through the
Internet, where the person may view the recorded images of
the violation.
(e) (Blank).
(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 or
digital registration plates of the motor vehicle were

SB3662 - 28 - LRB103 39483 SPS 69678 b
stolen before the violation occurred and not under the
control of or in the possession of the owner or lessee at
the time of the violation;
(1.5) that the motor vehicle was hijacked before the
violation occurred and not under the control of or in the
possession of the owner or lessee at the time of the
violation;
(2) that the driver of the vehicle passed through the
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 township,
municipal, or county ordinance.
(i) To demonstrate that the motor vehicle was hijacked or
the motor vehicle or registration plates or digital
registration plates were stolen before the violation occurred
and were not under the control or possession of the owner or
lessee at the time of the violation, the owner or lessee must
submit proof that a report concerning the 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 or the completion of a traffic
education program, or both, plus an additional penalty of not

SB3662 - 29 - LRB103 39483 SPS 69678 b
more than $100 for failure to pay the original penalty or to
complete a required traffic education program, or both, 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.
(j-3) A registered owner who is a holder of a valid
commercial driver's license is not required to complete a
traffic education program.
(j-5) For purposes of the required traffic education
program only, a registered owner may submit an affidavit to
the court or hearing officer swearing that at the time of the
alleged violation, the vehicle was in the custody and control
of another person. The affidavit must identify the person in
custody and control of the vehicle, including the person's
name and current address. The person in custody and control of
the vehicle at the time of the violation is required to
complete the required traffic education program. If the person
in custody and control of the vehicle at the time of the
violation completes the required traffic education program,
the registered owner of the vehicle is not required to
complete a traffic education program.
(k) An intersection equipped with an automated traffic law
enforcement system must be posted with a sign visible to

SB3662 - 30 - LRB103 39483 SPS 69678 b
approaching traffic indicating that the intersection is being
monitored by an automated traffic law enforcement system and
informing drivers whether, following a stop, a right turn at
the intersection is permitted or prohibited.
(k-3) A township, municipality, or county that has one or
more intersections equipped with an automated traffic law
enforcement system must provide notice to drivers by posting
the locations of automated traffic law systems on the
township, municipality, or county website.
(k-5) An intersection equipped with an automated traffic
law enforcement system must have a yellow change interval that
conforms with the Illinois Manual on Uniform Traffic Control
Devices (IMUTCD) published by the Illinois Department of
Transportation. Beginning 6 months before it installs an
automated traffic law enforcement system at an intersection, a
county, or municipality, or township may not change the yellow
change interval at that intersection.
(k-7) A township, municipality, or county operating an
automated traffic law enforcement system shall conduct a
statistical analysis to assess the safety impact of each
automated traffic law enforcement system at an intersection
following installation of the system and every 2 years
thereafter. Each 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

SB3662 - 31 - LRB103 39483 SPS 69678 b
safety impact. Each statistical analysis shall be consistent
with professional judgment and acceptable industry practice.
Each 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. Each statistical analysis required by this
subsection (k-7) shall be made available to the public and
shall be published on the website of the township,
municipality, or county. If a statistical analysis 36-month
indicates that there has been an increase in the rate of
crashes at the approach to the intersection monitored by the
system, the township, municipality, or county shall undertake
additional studies to determine the cause and severity of the
crashes, and may take any action that it determines is
necessary or appropriate to reduce the number or severity of
the crashes at that intersection.
(k-8) Any township, municipality, or county operating an
automated traffic law enforcement system before July 28, 2023
(the effective date of Public Act 103-364) this amendatory Act
of the 103rd General Assembly shall conduct a statistical
analysis to assess the safety impact of each automated traffic
law enforcement system at an intersection by no later than one
year after July 28, 2023 (the effective date of Public Act
103-364) this amendatory Act of the 103rd General Assembly and
every 2 years thereafter. The statistical analyses shall be

SB3662 - 32 - LRB103 39483 SPS 69678 b
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 analyses shall be
consistent with professional judgment and acceptable industry
practice. The statistical analyses also shall be consistent
with the data required for valid comparisons of before and
after conditions. The statistical analyses required by this
subsection shall be made available to the public and shall be
published on the website of the township, municipality, or
county. If the statistical analysis for any period following
installation of the system indicates that there has been an
increase in the rate of accidents at the approach to the
intersection monitored by the system, the township,
municipality, or county shall undertake additional studies to
determine the cause and severity of the accidents, and may
take any action that it determines is necessary or appropriate
to reduce the number or severity of the accidents at that
intersection.
(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.
(l-1) No member of the General Assembly and no officer or
employee of a township, municipality, or county shall

SB3662 - 33 - LRB103 39483 SPS 69678 b
knowingly accept employment or receive compensation or fees
for services from a vendor that provides automated traffic law
enforcement system equipment or services to townships,
municipalities, or counties. No former member of the General
Assembly shall, within a period of 2 years immediately after
the termination of service as a member of the General
Assembly, knowingly accept employment or receive compensation
or fees for services from a vendor that provides automated
traffic law enforcement system equipment or services to
townships, municipalities, or counties. No former officer or
employee of a township, municipality, or county shall, within
a period of 2 years immediately after the termination of
township, municipal, or county employment, knowingly accept
employment or receive compensation or fees for services from a
vendor that provides automated traffic law enforcement system
equipment or services to townships, municipalities, or
counties.
(m) This Section applies only to the counties of Cook,
DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and
to municipalities and townships located within those counties.
(n) The fee for participating in a traffic education
program under this Section shall not exceed $25.
A low-income individual required to complete a traffic
education program under this Section who provides proof of
eligibility for the federal earned income tax credit under
Section 32 of the Internal Revenue Code or the Illinois earned

SB3662 - 34 - LRB103 39483 SPS 69678 b
income tax credit under Section 212 of the Illinois Income Tax
Act shall not be required to pay any fee for participating in a
required traffic education program.
(o) (Blank).
(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.
Upon the provision of information by the lessor pursuant
to this subsection, the county, or municipality, or township
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 the violation.
(q) If a county, or municipality, or township selects a
new vendor for its automated traffic law enforcement system
and must, as a consequence, apply for a permit, approval, or
other authorization from the Department for reinstallation of
one or more malfunctioning components of that system and if,
at the time of the application for the permit, approval, or
other authorization, the new vendor operates an automated
traffic law enforcement system for any other county, or

SB3662 - 35 - LRB103 39483 SPS 69678 b
municipality, or township in the State, then the Department
shall approve or deny the county , municipality, or township's
or municipality's application for the permit, approval, or
other authorization within 90 days after its receipt.
(r) The Department may revoke any permit, approval, or
other authorization granted to a county, or municipality, or
township for the placement, installation, or operation of an
automated traffic law enforcement system if any official or
employee who serves that county, or municipality, or township
is charged with bribery, official misconduct, or a similar
crime related to the placement, installation, or operation of
the automated traffic law enforcement system in the county, or
municipality, or township.
The Department shall adopt any rules necessary to
implement and administer this subsection. The rules adopted by
the Department shall describe the revocation process, shall
ensure that notice of the revocation is provided, and shall
provide an opportunity to appeal the revocation. Any county,
or municipality, or township that has a permit, approval, or
other authorization revoked under this subsection may not
reapply for such a permit, approval, or other authorization
for a period of one 1 year after the revocation.
(s) If an automated traffic law enforcement system is
removed or rendered inoperable due to construction, then the
Department shall authorize the reinstallation or use of the
automated traffic law enforcement system within 30 days after

SB3662 - 36 - LRB103 39483 SPS 69678 b
the construction is complete.
(Source: P.A. 102-905, eff. 1-1-23; 102-982, eff. 7-1-23;
103-154, eff. 6-30-23; 103-364, eff. 7-28-23; revised
1-30-24.)
(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 or digital 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 township
or municipality, 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.
"Owner" means the person or entity to whom the vehicle is

SB3662 - 37 - LRB103 39483 SPS 69678 b
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 or digital 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. 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. 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.

SB3662 - 38 - LRB103 39483 SPS 69678 b
(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 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 township or municipality 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

SB3662 - 39 - LRB103 39483 SPS 69678 b
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.
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 township or municipality 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 township or municipality

SB3662 - 40 - LRB103 39483 SPS 69678 b
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 township
or 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 township or municipality, 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 township 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
township or municipality of the identity of the owner of the
vehicle, but in no event later than 90 days after the

SB3662 - 41 - LRB103 39483 SPS 69678 b
violation.
(f) The notice required under subsection (e) of this
Section 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 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;
(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.

SB3662 - 42 - LRB103 39483 SPS 69678 b
(g) (Blank).
(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 or
digital registration plates of the motor vehicle were
stolen before the violation occurred and not under the
control or in the possession of the owner or lessee at the
time of the violation;
(1.5) that the motor vehicle was hijacked before the
violation occurred and not under the control of or in the
possession of the owner or lessee at the time of the
violation;
(2) that the driver of the motor vehicle received a

SB3662 - 43 - LRB103 39483 SPS 69678 b
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 township
or municipal ordinance.
(k) To demonstrate that the motor vehicle was hijacked or
the motor vehicle or registration plates or digital
registration plates were stolen before the violation occurred
and were not under the control or possession of the owner or
lessee at the time of the violation, the owner or lessee must
submit proof that a report concerning the 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 township or
municipality 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

SB3662 - 44 - LRB103 39483 SPS 69678 b
automated speed enforcement system.
(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.
(n-1) No member of the General Assembly and no officer or
employee of a township, municipality, or county shall
knowingly accept employment or receive compensation or fees
for services from a vendor that provides automated speed
enforcement system equipment or services to townships,
municipalities, or counties. No former member of the General
Assembly shall, within a period of 2 years immediately after
the termination of service as a member of the General
Assembly, knowingly accept employment or receive compensation
or fees for services from a vendor that provides automated
speed enforcement system equipment or services to townships,
municipalities, or counties. No former officer or employee of
a township, municipality, or county shall, within a period of
2 years immediately after the termination of township,
municipal, or county employment, knowingly accept employment
or receive compensation or fees for services from a vendor
that provides automated speed enforcement system equipment or
services to townships, municipalities, or counties.
(o) (Blank).
(p) No person who is the lessor of a motor vehicle pursuant

SB3662 - 45 - LRB103 39483 SPS 69678 b
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 township or municipality 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
the violation.
(q) A township or municipality 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 township or
municipality.
(r) A township or municipality operating an automated
speed enforcement system shall conduct a statistical analysis
to assess the safety impact of the system following
installation of the system and every 2 years thereafter. A
township or municipality operating an automated speed
enforcement system before the effective date of this

SB3662 - 46 - LRB103 39483 SPS 69678 b
amendatory Act of the 103rd General Assembly shall conduct a
statistical analysis to assess the safety impact of the system
by no later than one year after the effective date of this
amendatory Act of the 103rd General Assembly and every 2 years
thereafter. Each 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. Each statistical analysis shall be consistent
with professional judgment and acceptable industry practice.
Each 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. Each statistical analysis required by this
subsection shall be made available to the public and shall be
published on the website of the township or municipality.
(s) (Blank). This Section applies only to municipalities
with a population of 1,000,000 or more inhabitants.
(t) If a county, or municipality, or township selects a
new vendor for its automated speed enforcement system and
must, as a consequence, apply for a permit, approval, or other
authorization from the Department for reinstallation of one or
more malfunctioning components of that system and if, at the
time of the application for the permit, approval, or other
authorization, the new vendor operates an automated speed

SB3662 - 47 - LRB103 39483 SPS 69678 b
enforcement system for any other county, or municipality, or
township in the State, then the Department shall approve or
deny the county, municipality, or township's or municipality's
application for the permit, approval, or other authorization
within 90 days after its receipt.
(u) The Department may revoke any permit, approval, or
other authorization granted to a county, or municipality , or
township for the placement, installation, or operation of an
automated speed enforcement system if any official or employee
who serves that county, or municipality, or township is
charged with bribery, official misconduct, or a similar crime
related to the placement, installation, or operation of the
automated speed enforcement system in the county, or
municipality, or township.
The Department shall adopt any rules necessary to
implement and administer this subsection. The rules adopted by
the Department shall describe the revocation process, shall
ensure that notice of the revocation is provided, and shall
provide an opportunity to appeal the revocation. Any county,
or municipality, or township that has a permit, approval, or
other authorization revoked under this subsection may not
reapply for such a permit, approval, or other authorization
for a period of one 1 year after the revocation.
(Source: P.A. 102-905, eff. 1-1-23; 103-364, eff. 7-28-23.)
(625 ILCS 5/11-208.9)

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Sec. 11-208.9. Automated traffic law enforcement system;
approaching, overtaking, and passing a school bus.
(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 the visual signals
on a school bus, as specified in Sections 12-803 and 12-805 of
this Code, to produce recorded images of motor vehicles that
fail to stop before meeting or overtaking, from either
direction, any school bus stopped at any location for the
purpose of receiving or discharging pupils in violation of
Section 11-1414 of this Code or a similar provision of a local
ordinance.
An automated traffic law enforcement system is a system,
in a township, 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;
(2) 2 or more microphotographs;
(3) 2 or more electronic images; or

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(4) a video recording showing the motor vehicle and,
on at least one image or portion of the recording, clearly
identifying the registration plate or digital registration
plate number of the motor vehicle.
(c) A township, 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.
(d) For each violation of a provision of this Code or a
local ordinance recorded by an automated traffic law
enforcement system, the township, 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 township, municipality, or
county of the identity of the owner of the vehicle, but in no
event later than 90 days after the violation.
(e) The notice required under subsection (d) 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;

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(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 overtaking or passing a school bus stopped
for the purpose of receiving or discharging pupils;
(9) a warning that failure to pay the civil penalty or
to contest liability in a timely manner is an admission of
liability;
(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; and
(11) a website address, accessible through the
Internet, where the person may view the recorded images of
the violation.
(f) (Blank).
(g) 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.

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(h) Recorded images made by an automated 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.
(i) The court or hearing officer may consider in defense
of a violation:
(1) that the motor vehicle or registration plates or
digital 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 or lessee at
the time of the violation;
(1.5) that the motor vehicle was hijacked before the
violation occurred and not under the control of or in the
possession of the owner or lessee at the time of the
violation;
(2) that the driver of the motor vehicle received a
Uniform Traffic Citation from a police officer for a
violation of Section 11-1414 of this Code within
one-eighth of a mile and 15 minutes of the violation that
was recorded by the system;
(3) that the visual signals required by Sections
12-803 and 12-805 of this Code were damaged, not

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activated, not present in violation of Sections 12-803 and
12-805, or inoperable; and
(4) any other evidence or issues provided by township,
municipal, or county ordinance.
(j) To demonstrate that the motor vehicle was hijacked or
the motor vehicle or registration plates or digital
registration plates were stolen before the violation occurred
and were not under the control or possession of the owner or
lessee at the time of the violation, the owner or lessee must
submit proof that a report concerning the motor vehicle or
registration plates was filed with a law enforcement agency in
a timely manner.
(k) 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 $150 for a first time violation or $500
for a second or subsequent violation, 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, but may be recorded by the township,
municipality, or county for the purpose of determining if a
person is subject to the higher fine for a second or subsequent

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offense.
(l) A school bus equipped with an automated traffic law
enforcement system must be posted with a sign indicating that
the school bus is being monitored by an automated traffic law
enforcement system.
(m) A township, municipality, or county that has one or
more school buses equipped with an automated traffic law
enforcement system must provide notice to drivers by posting a
list of school districts using school buses equipped with an
automated traffic law enforcement system on the township,
municipality, or county website. School districts that have
one or more school buses equipped with an automated traffic
law enforcement system must provide notice to drivers by
posting that information on their websites.
(n) A township, municipality, or county operating an
automated traffic law enforcement system shall conduct a
statistical analysis to assess the safety impact in each
school district using school buses equipped with an automated
traffic law enforcement system following installation of the
system and every 2 years thereafter. A township, municipality,
or county operating an automated speed enforcement system
before the effective date of this amendatory Act of the 103rd
General Assembly shall conduct a statistical analysis to
assess the safety impact of the system by no later than one
year after the effective date of this amendatory Act of the
103rd General Assembly and every 2 years thereafter. Each

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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.
Each statistical analysis shall be consistent with
professional judgment and acceptable industry practice. Each
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. Each statistical analysis required by this subsection
shall be made available to the public and shall be published on
the website of the township, municipality, or county. If a
statistical analysis indicates that there has been an increase
in the rate of crashes at the approach to school buses
monitored by the system, the township, municipality, or county
shall undertake additional studies to determine the cause and
severity of the crashes, and may take any action that it
determines is necessary or appropriate to reduce the number or
severity of the crashes involving school buses equipped with
an automated traffic law enforcement system.
(o) 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.

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(o-1) No member of the General Assembly and no officer or
employee of a township, municipality, or county shall
knowingly accept employment or receive compensation or fees
for services from a vendor that provides automated traffic law
enforcement system equipment or services to townships,
municipalities, or counties. No former member of the General
Assembly shall, within a period of 2 years immediately after
the termination of service as a member of the General
Assembly, knowingly accept employment or receive compensation
or fees for services from a vendor that provides automated
traffic law enforcement system equipment or services to
townships, municipalities, or counties. No former officer or
employee of a township, municipality, or county shall, within
a period of 2 years immediately after the termination of
township, municipal, or county employment, knowingly accept
employment or receive compensation or fees for services from a
vendor that provides automated traffic law enforcement system
equipment or services to townships, municipalities, or
counties.
(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

SB3662 - 56 - LRB103 39483 SPS 69678 b
address of the lessee.
Upon the provision of information by the lessor pursuant
to this subsection, the county, or municipality, or township
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 the violation.
(q) (Blank).
(r) After a township, municipality, or county enacts an
ordinance providing for automated traffic law enforcement
systems under this Section, each school district within that
township, municipality, or county's jurisdiction may implement
an automated traffic law enforcement system under this
Section. The elected school board for that district must
approve the implementation of an automated traffic law
enforcement system. The school district shall be responsible
for entering into a contract, approved by the elected school
board of that district, with vendors for the installation,
maintenance, and operation of the automated traffic law
enforcement system. The school district must enter into an
intergovernmental agreement, approved by the elected school
board of that district, with the township, municipality, or
county with jurisdiction over that school district for the
administration of the automated traffic law enforcement
system. The proceeds from a school district's automated
traffic law enforcement system's fines shall be divided

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equally between the school district and the township,
municipality, or county administering the automated traffic
law enforcement system.
(s) If a county, or municipality, or township changes the
vendor it uses for its automated traffic law enforcement
system and must, as a consequence, apply for a permit,
approval, or other authorization from the Department for
reinstallation of one or more malfunctioning components of
that system and if, at the time of the application, the new
vendor operates an automated traffic law enforcement system
for any other county, or municipality, or township in the
State, then the Department shall approve or deny the county,
municipality, or township's or municipality's application for
that permit, approval, or other authorization within 90 days
after its receipt.
(t) The Department may revoke any permit, approval, or
other authorization granted to a county, or municipality, or
township for the placement, installation, or operation of an
automated traffic law enforcement system if any official or
employee who serves that county, or municipality, or township
is charged with bribery, official misconduct, or a similar
crime related to the placement, installation, or operation of
the automated traffic law enforcement system in the county, or
municipality , or township.
The Department shall adopt any rules necessary to
implement and administer this subsection. The rules adopted by

SB3662 - 58 - LRB103 39483 SPS 69678 b
the Department shall describe the revocation process, shall
ensure that notice of the revocation is provided, and shall
provide an opportunity to appeal the revocation. Any county,
or municipality, or township that has a permit, approval, or
other authorization revoked under this subsection may not
reapply for such a permit, approval, or other authorization
for a period of one 1 year after the revocation.
(Source: P.A. 102-905, eff. 1-1-23; 102-982, eff. 7-1-23;
103-154, eff. 6-30-23; 103-364, eff. 7-28-23.)
(625 ILCS 5/11-1201.1)
Sec. 11-1201.1. Automated railroad crossing enforcement
system.
(a) For the purposes of this Section, an automated
railroad grade crossing enforcement system is a system in a
township, 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 local ordinance and is
designed to obtain a clear recorded image of the vehicle and
vehicle's license plate. The recorded image must also display
the time, date, and location of the violation.
As used in this Section, "recorded images" means images
recorded by an automated railroad grade crossing enforcement
system on:
(1) 2 or more photographs;
(2) 2 or more microphotographs;

SB3662 - 59 - LRB103 39483 SPS 69678 b
(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 or digital registration
plate number of the motor vehicle.
(b) The Illinois Commerce Commission may, in cooperation
with a local law enforcement agency, establish in any county,
or municipality, or township an automated railroad grade
crossing enforcement system at any railroad grade crossing
equipped with a crossing gate designated by local authorities.
Local authorities desiring the establishment of an automated
railroad crossing enforcement system must initiate the process
by enacting a local ordinance requesting the creation of such
a system. After the ordinance has been enacted, and before any
additional steps toward the establishment of the system are
undertaken, the local authorities and the Commission must
agree to a plan for obtaining, from any combination of
federal, State, and local funding sources, the moneys required
for the purchase and installation of any necessary equipment.
(b-1) (Blank).
(c) For each violation of Section 11-1201 of this Code or a
local ordinance recorded by an automated railroad grade
crossing enforcement system, the county, or municipality, or
township 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

SB3662 - 60 - LRB103 39483 SPS 69678 b
registered owner of the vehicle, by mail, no 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 railroad grade crossing;
(9) a warning that failure to pay the civil penalty or
to contest liability in a timely manner is an admission of
liability; 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.
(d) (Blank).
(d-1) (Blank).
(d-2) (Blank).

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(e) Based on inspection of recorded images produced by an
automated railroad grade crossing 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.
(e-1) Recorded images made by an automated railroad grade
crossing 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.
(e-2) The court or hearing officer may consider the
following in the defense of a violation:
(1) that the motor vehicle or registration plates or
digital 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 or lessee at
the time of the violation;
(1.5) that the motor vehicle was hijacked before the
violation occurred and not under the control of or in the
possession of the owner or lessee at the time of the
violation;
(2) that the driver of the motor vehicle received a
Uniform Traffic Citation from a police officer at the time

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of the violation for the same offense;
(3) any other evidence or issues provided by township,
municipal, or county ordinance.
(e-3) To demonstrate that the motor vehicle was hijacked
or the motor vehicle or registration plates or digital
registration plates were stolen before the violation occurred
and were not under the control or possession of the owner or
lessee at the time of the violation, the owner or lessee must
submit proof that a report concerning the motor vehicle or
registration plates was filed with a law enforcement agency in
a timely manner.
(f) Rail crossings equipped with an automatic railroad
grade crossing enforcement system shall be posted with a sign
visible to approaching traffic stating that the railroad grade
crossing is being monitored, that citations will be issued,
and the amount of the fine for violation.
(g) The compensation paid for an automated railroad grade
crossing enforcement system must be based on the value of the
equipment or the services provided and may not be based on the
number of citations issued or the revenue generated by the
system.
(h) (Blank).
(i) If any part or parts of this Section are held by a
court of competent jurisdiction to be unconstitutional, the
unconstitutionality shall not affect the validity of the
remaining parts of this Section. The General Assembly hereby

SB3662 - 63 - LRB103 39483 SPS 69678 b