Illinois 2023-2024 Regular Session

Illinois Senate Bill SB0698 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	SB0698 EngrossedLRB103 03151 AWJ 48157 b SB0698 Engrossed LRB103 03151 AWJ 48157 b
2		-	SB0698 Engrossed LRB103 03151 AWJ 48157 b
	1	+	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0698 Introduced 2/2/2023, by Sen. Don Harmon SYNOPSIS AS INTRODUCED: 50 ILCS 155/1 Amends the Local Government Wage Increase Transparency Act. Makes a technical change in a Section concerning the short title. LRB103 03151 AWJ 48157 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0698 Introduced 2/2/2023, by Sen. Don Harmon SYNOPSIS AS INTRODUCED: 50 ILCS 155/1 50 ILCS 155/1 Amends the Local Government Wage Increase Transparency Act. Makes a technical change in a Section concerning the short title. LRB103 03151 AWJ 48157 b LRB103 03151 AWJ 48157 b A BILL FOR
	2	+	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0698 Introduced 2/2/2023, by Sen. Don Harmon SYNOPSIS AS INTRODUCED:
	3	+	50 ILCS 155/1 50 ILCS 155/1
	4	+	50 ILCS 155/1
	5	+	Amends the Local Government Wage Increase Transparency Act. Makes a technical change in a Section concerning the short title.
	6	+	LRB103 03151 AWJ 48157 b LRB103 03151 AWJ 48157 b
	7	+	LRB103 03151 AWJ 48157 b
	8	+	A BILL FOR
	9	+	SB0698LRB103 03151 AWJ 48157 b SB0698 LRB103 03151 AWJ 48157 b
	10	+	SB0698 LRB103 03151 AWJ 48157 b
3	11		1 AN ACT concerning local government.
4	12		2 Be it enacted by the People of the State of Illinois,
5	13		3 represented in the General Assembly:
6		-	4 Section 5. The Illinois Vehicle Code is amended by
7		-	5 changing Section 11-208.8 as follows:
8		-	6 (625 ILCS 5/11-208.8)
9		-	7 Sec. 11-208.8. Automated speed enforcement systems in
10		-	8 safety zones.
11		-	9 (a) As used in this Section:
12		-	10 "Automated speed enforcement system" means a photographic
13		-	11 device, radar device, laser device, or other electrical or
14		-	12 mechanical device or devices installed or utilized in a safety
15		-	13 zone and designed to record the speed of a vehicle and obtain a
16		-	14 clear photograph or other recorded image of the vehicle and
17		-	15 the vehicle's registration plate or digital registration plate
18		-	16 while the driver is violating Article VI of Chapter 11 of this
19		-	17 Code or a similar provision of a local ordinance.
20		-	18 An automated speed enforcement system is a system, located
21		-	19 in a safety zone which is under the jurisdiction of a
22		-	20 municipality, that produces a recorded image of a motor
23		-	21 vehicle's violation of a provision of this Code or a local
24		-	22 ordinance and is designed to obtain a clear recorded image of
25		-	23 the vehicle and the vehicle's license plate. The recorded
	14	+	4 Section 5. The Local Government Wage Increase Transparency
	15	+	5 Act is amended by changing Section 1 as follows:
	16	+	6 (50 ILCS 155/1)
	17	+	7 Sec. 1. Short title. This Act may be cited as the the Local
	18	+	8 Government Wage Increase Transparency Act.
	19	+	9 (Source: P.A. 99-646, eff. 7-28-16.)
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34		-	1 image must also display the time, date, and location of the
35		-	2 violation.
36		-	3 "Owner" means the person or entity to whom the vehicle is
37		-	4 registered.
38		-	5 "Recorded image" means images recorded by an automated
39		-	6 speed enforcement system on:
40		-	7 (1) 2 or more photographs;
41		-	8 (2) 2 or more microphotographs;
42		-	9 (3) 2 or more electronic images; or
43		-	10 (4) a video recording showing the motor vehicle and,
44		-	11 on at least one image or portion of the recording, clearly
45		-	12 identifying the registration plate or digital registration
46		-	13 plate number of the motor vehicle.
47		-	14 "Safety zone" means an area that is within one-eighth of a
48		-	15 mile from the nearest property line of any public or private
49		-	16 elementary or secondary school, or from the nearest property
50		-	17 line of any facility, area, or land owned by a school district
51		-	18 that is used for educational purposes approved by the Illinois
52		-	19 State Board of Education, not including school district
53		-	20 headquarters or administrative buildings. A safety zone also
54		-	21 includes an area that is within one-eighth of a mile from the
55		-	22 nearest property line of any facility, area, or land owned by a
56		-	23 park district used for recreational purposes. However, if any
57		-	24 portion of a roadway is within either one-eighth mile radius,
58		-	25 the safety zone also shall include the roadway extended to the
59		-	26 furthest portion of the next furthest intersection. The term
	23	+	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0698 Introduced 2/2/2023, by Sen. Don Harmon SYNOPSIS AS INTRODUCED:
	24	+	50 ILCS 155/1 50 ILCS 155/1
	25	+	50 ILCS 155/1
	26	+	Amends the Local Government Wage Increase Transparency Act. Makes a technical change in a Section concerning the short title.
	27	+	LRB103 03151 AWJ 48157 b LRB103 03151 AWJ 48157 b
	28	+	LRB103 03151 AWJ 48157 b
	29	+	A BILL FOR
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	35	+	50 ILCS 155/1
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70		-	1 "safety zone" does not include any portion of the roadway
71		-	2 known as Lake Shore Drive or any controlled access highway
72		-	3 with 8 or more lanes of traffic.
73		-	4 (a-5) The automated speed enforcement system shall be
74		-	5 operational and violations shall be recorded only at the
75		-	6 following times:
76		-	7 (i) if the safety zone is based upon the property line
77		-	8 of any facility, area, or land owned by a school district,
78		-	9 only on school days and no earlier than 6 a.m. and no later
79		-	10 than 8:30 p.m. if the school day is during the period of
80		-	11 Monday through Thursday, or 9 p.m. if the school day is a
81		-	12 Friday; and
82		-	13 (ii) if the safety zone is based upon the property
83		-	14 line of any facility, area, or land owned by a park
84		-	15 district, no earlier than one hour prior to the time that
85		-	16 the facility, area, or land is open to the public or other
86		-	17 patrons, and no later than one hour after the facility,
87		-	18 area, or land is closed to the public or other patrons.
88		-	19 (b) A municipality that produces a recorded image of a
89		-	20 motor vehicle's violation of a provision of this Code or a
90		-	21 local ordinance must make the recorded images of a violation
91		-	22 accessible to the alleged violator by providing the alleged
92		-	23 violator with a website address, accessible through the
93		-	24 Internet.
94		-	25 (c) Notwithstanding any penalties for any other violations
95		-	26 of this Code, the owner of a motor vehicle used in a traffic
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106		-	1 violation recorded by an automated speed enforcement system
107		-	2 shall be subject to the following penalties:
108		-	3 (1) if the recorded speed is no less than 6 miles per
109		-	4 hour and no more than 10 miles per hour over the legal
110		-	5 speed limit, a civil penalty not exceeding $50, plus an
111		-	6 additional penalty of not more than $50 for failure to pay
112		-	7 the original penalty in a timely manner; or
113		-	8 (2) if the recorded speed is more than 10 miles per
114		-	9 hour over the legal speed limit, a civil penalty not
115		-	10 exceeding $100, plus an additional penalty of not more
116		-	11 than $100 for failure to pay the original penalty in a
117		-	12 timely manner.
118		-	13 A penalty may not be imposed under this Section if the
119		-	14 driver of the motor vehicle received a Uniform Traffic
120		-	15 Citation from a police officer for a speeding violation
121		-	16 occurring within one-eighth of a mile and 15 minutes of the
122		-	17 violation that was recorded by the system. A violation for
123		-	18 which a civil penalty is imposed under this Section is not a
124		-	19 violation of a traffic regulation governing the movement of
125		-	20 vehicles and may not be recorded on the driving record of the
126		-	21 owner of the vehicle. A law enforcement officer is not
127		-	22 required to be present or to witness the violation. No penalty
128		-	23 may be imposed under this Section if the recorded speed of a
129		-	24 vehicle is 5 miles per hour or less over the legal speed limit.
130		-	25 The municipality may send, in the same manner that notices are
131		-	26 sent under this Section, a speed violation warning notice
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142		-	1 where the violation involves a speed of 5 miles per hour or
143		-	2 less above the legal speed limit.
144		-	3 (d) The net proceeds that a municipality receives from
145		-	4 civil penalties imposed under an automated speed enforcement
146		-	5 system, after deducting all non-personnel and personnel costs
147		-	6 associated with the operation and maintenance of such system,
148		-	7 shall be expended or obligated by the municipality for the
149		-	8 following purposes:
150		-	9 (i) public safety initiatives to ensure safe passage
151		-	10 around schools, and to provide police protection and
152		-	11 surveillance around schools and parks, including but not
153		-	12 limited to: (1) personnel costs; and (2) non-personnel
154		-	13 costs such as construction and maintenance of public
155		-	14 safety infrastructure and equipment;
156		-	15 (ii) initiatives to improve pedestrian and traffic
157		-	16 safety;
158		-	17 (iii) construction and maintenance of infrastructure
159		-	18 within the municipality, including but not limited to
160		-	19 roads and bridges; and
161		-	20 (iv) after school programs.
162		-	21 (e) For each violation of a provision of this Code or a
163		-	22 local ordinance recorded by an automated speed enforcement
164		-	23 system, the municipality having jurisdiction shall issue a
165		-	24 written notice of the violation to the registered owner of the
166		-	25 vehicle as the alleged violator. The notice shall be delivered
167		-	26 to the registered owner of the vehicle, by mail, within 30 days
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178		-	1 after the Secretary of State notifies the municipality of the
179		-	2 identity of the owner of the vehicle, but in no event later
180		-	3 than 90 days after the violation.
181		-	4 (f) The notice required under subsection (e) of this
182		-	5 Section shall include:
183		-	6 (1) the name and address of the registered owner of
184		-	7 the vehicle;
185		-	8 (2) the registration number of the motor vehicle
186		-	9 involved in the violation;
187		-	10 (3) the violation charged;
188		-	11 (4) the date, time, and location where the violation
189		-	12 occurred;
190		-	13 (5) a copy of the recorded image or images;
191		-	14 (6) the amount of the civil penalty imposed and the
192		-	15 date by which the civil penalty should be paid;
193		-	16 (7) a statement that recorded images are evidence of a
194		-	17 violation of a speed restriction;
195		-	18 (8) a warning that failure to pay the civil penalty or
196		-	19 to contest liability in a timely manner is an admission of
197		-	20 liability;
198		-	21 (9) a statement that the person may elect to proceed
199		-	22 by:
200		-	23 (A) paying the fine; or
201		-	24 (B) challenging the charge in court, by mail, or
202		-	25 by administrative hearing; and
203		-	26 (10) a website address, accessible through the
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214		-	1 Internet, where the person may view the recorded images of
215		-	2 the violation.
216		-	3 (g) (Blank).
217		-	4 (h) Based on inspection of recorded images produced by an
218		-	5 automated speed enforcement system, a notice alleging that the
219		-	6 violation occurred shall be evidence of the facts contained in
220		-	7 the notice and admissible in any proceeding alleging a
221		-	8 violation under this Section.
222		-	9 (i) Recorded images made by an automated speed enforcement
223		-	10 system are confidential and shall be made available only to
224		-	11 the alleged violator and governmental and law enforcement
225		-	12 agencies for purposes of adjudicating a violation of this
226		-	13 Section, for statistical purposes, or for other governmental
227		-	14 purposes. Any recorded image evidencing a violation of this
228		-	15 Section, however, may be admissible in any proceeding
229		-	16 resulting from the issuance of the citation.
230		-	17 (j) The court or hearing officer may consider in defense
231		-	18 of a violation:
232		-	19 (1) that the motor vehicle or registration plates or
233		-	20 digital registration plates of the motor vehicle were
234		-	21 stolen before the violation occurred and not under the
235		-	22 control or in the possession of the owner or lessee at the
236		-	23 time of the violation;
237		-	24 (1.5) that the motor vehicle was hijacked before the
238		-	25 violation occurred and not under the control of or in the
239		-	26 possession of the owner or lessee at the time of the
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250		-	1 violation;
251		-	2 (2) that the driver of the motor vehicle received a
252		-	3 Uniform Traffic Citation from a police officer for a
253		-	4 speeding violation occurring within one-eighth of a mile
254		-	5 and 15 minutes of the violation that was recorded by the
255		-	6 system; and
256		-	7 (3) any other evidence or issues provided by municipal
257		-	8 ordinance.
258		-	9 (k) To demonstrate that the motor vehicle was hijacked or
259		-	10 the motor vehicle or registration plates or digital
260		-	11 registration plates were stolen before the violation occurred
261		-	12 and were not under the control or possession of the owner or
262		-	13 lessee at the time of the violation, the owner or lessee must
263		-	14 submit proof that a report concerning the motor vehicle or
264		-	15 registration plates was filed with a law enforcement agency in
265		-	16 a timely manner.
266		-	17 (l) A roadway equipped with an automated speed enforcement
267		-	18 system shall be posted with a sign conforming to the national
268		-	19 Manual on Uniform Traffic Control Devices that is visible to
269		-	20 approaching traffic stating that vehicle speeds are being
270		-	21 photo-enforced and indicating the speed limit. The
271		-	22 municipality shall install such additional signage as it
272		-	23 determines is necessary to give reasonable notice to drivers
273		-	24 as to where automated speed enforcement systems are installed.
274		-	25 (m) A roadway where a new automated speed enforcement
275		-	26 system is installed shall be posted with signs providing 30
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286		-	1 days notice of the use of a new automated speed enforcement
287		-	2 system prior to the issuance of any citations through the
288		-	3 automated speed enforcement system.
289		-	4 (n) The compensation paid for an automated speed
290		-	5 enforcement system must be based on the value of the equipment
291		-	6 or the services provided and may not be based on the number of
292		-	7 traffic citations issued or the revenue generated by the
293		-	8 system.
294		-	9 (n-1) No member of the General Assembly and no officer or
295		-	10 employee of a municipality or county shall knowingly accept
296		-	11 employment or receive compensation or fees for services from a
297		-	12 vendor that provides automated speed enforcement system
298		-	13 equipment or services to municipalities or counties. No former
299		-	14 member of the General Assembly shall, within a period of 2
300		-	15 years immediately after the termination of service as a member
301		-	16 of the General Assembly, knowingly accept employment or
302		-	17 receive compensation or fees for services from a vendor that
303		-	18 provides automated speed enforcement system equipment or
304		-	19 services to municipalities or counties. No former officer or
305		-	20 employee of a municipality or county shall, within a period of
306		-	21 2 years immediately after the termination of municipal or
307		-	22 county employment, knowingly accept employment or receive
308		-	23 compensation or fees for services from a vendor that provides
309		-	24 automated speed enforcement system equipment or services to
310		-	25 municipalities or counties.
311		-	26 (o) (Blank).
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322		-	1 (p) No person who is the lessor of a motor vehicle pursuant
323		-	2 to a written lease agreement shall be liable for an automated
324		-	3 speed or traffic law enforcement system violation involving
325		-	4 such motor vehicle during the period of the lease; provided
326		-	5 that upon the request of the appropriate authority received
327		-	6 within 120 days after the violation occurred, the lessor
328		-	7 provides within 60 days after such receipt the name and
329		-	8 address of the lessee. The drivers license number of a lessee
330		-	9 may be subsequently individually requested by the appropriate
331		-	10 authority if needed for enforcement of this Section.
332		-	11 Upon the provision of information by the lessor pursuant
333		-	12 to this subsection, the municipality may issue the violation
334		-	13 to the lessee of the vehicle in the same manner as it would
335		-	14 issue a violation to a registered owner of a vehicle pursuant
336		-	15 to this Section, and the lessee may be held liable for the
337		-	16 violation.
338		-	17 (q) A municipality using an automated speed enforcement
339		-	18 system must provide notice to drivers by publishing the
340		-	19 locations of all safety zones where system equipment is
341		-	20 installed on the website of the municipality.
342		-	21 (r) A municipality operating an automated speed
343		-	22 enforcement system shall conduct a statistical analysis to
344		-	23 assess the safety impact of the system following installation
345		-	24 of the system and every 2 years thereafter. A municipality
346		-	25 operating an automated speed enforcement system before the
347		-	26 effective date of this amendatory Act of the 103rd General
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358		-	1 Assembly shall conduct a statistical analysis to assess the
359		-	2 safety impact of the system by no later than one year after the
360		-	3 effective date of this amendatory Act of the 103rd General
361		-	4 Assembly and every 2 years thereafter. Each statistical
362		-	5 analysis shall be based upon the best available crash,
363		-	6 traffic, and other data, and shall cover a period of time
364		-	7 before and after installation of the system sufficient to
365		-	8 provide a statistically valid comparison of safety impact.
366		-	9 Each statistical analysis shall be consistent with
367		-	10 professional judgment and acceptable industry practice. Each
368		-	11 statistical analysis also shall be consistent with the data
369		-	12 required for valid comparisons of before and after conditions
370		-	13 and shall be conducted within a reasonable period following
371		-	14 the installation of the automated traffic law enforcement
372		-	15 system. Each statistical analysis required by this subsection
373		-	16 shall be made available to the public and shall be published on
374		-	17 the website of the municipality.
375		-	18 (s) This Section applies only to municipalities with a
376		-	19 population of 1,000,000 or more inhabitants and home rule
377		-	20 municipalities with over 35,000 or more inhabitants in a
378		-	21 county with a population of 3,000,000 or more.
379		-	22 (t) If a county or municipality selects a new vendor for
380		-	23 its automated speed enforcement system and must, as a
381		-	24 consequence, apply for a permit, approval, or other
382		-	25 authorization from the Department for reinstallation of one or
383		-	26 more malfunctioning components of that system and if, at the
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394		-	1 time of the application for the permit, approval, or other
395		-	2 authorization, the new vendor operates an automated speed
396		-	3 enforcement system for any other county or municipality in the
397		-	4 State, then the Department shall approve or deny the county or
398		-	5 municipality's application for the permit, approval, or other
399		-	6 authorization within 90 days after its receipt.
400		-	7 (u) The Department may revoke any permit, approval, or
401		-	8 other authorization granted to a county or municipality for
402		-	9 the placement, installation, or operation of an automated
403		-	10 speed enforcement system if any official or employee who
404		-	11 serves that county or municipality is charged with bribery,
405		-	12 official misconduct, or a similar crime related to the
406		-	13 placement, installation, or operation of the automated speed
407		-	14 enforcement system in the county or municipality.
408		-	15 The Department shall adopt any rules necessary to
409		-	16 implement and administer this subsection. The rules adopted by
410		-	17 the Department shall describe the revocation process, shall
411		-	18 ensure that notice of the revocation is provided, and shall
412		-	19 provide an opportunity to appeal the revocation. Any county or
413		-	20 municipality that has a permit, approval, or other
414		-	21 authorization revoked under this subsection may not reapply
415		-	22 for such a permit, approval, or other authorization for a
416		-	23 period of 1 year after the revocation.
417		-	24 (Source: P.A. 102-905, eff. 1-1-23; 103-364, eff. 7-28-23.)
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