Bill Amendment: IL HB5408 | 2023-2024 | 103rd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: O'HARE DRIVER SAFETY ACT

Status: 2024-08-09 - Public Act . . . . . . . . . 103-0861 [HB5408 Detail]

Download: Illinois-2023-HB5408-House_Amendment_002.html

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Rep. Brad Stephens

Filed: 4/12/2024

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AMENDMENT TO HOUSE BILL 5408
AMENDMENT NO. ______. Amend House Bill 5408 by replacing
everything after the enacting clause with the following:
"Section 1. Short title. This Act may be referred to as the
O'Hare Driver Safety Act.
Section 5. Definitions. As used in this Act:
"Authority" means the Illinois Toll Highway Authority.
"Automated traffic safety system" means a device with one
or more motor vehicle sensors to produce a recorded image of a
motor vehicle that is stopped or standing on the side of a
highway or roadway in violation of Section 11-1303 of the
Illinois Vehicle Code.
"Recorded images" has the same meaning given to that term
under Section 11-208.6 of the Illinois Vehicle Code.
Section 10. No stopping or standing within one-half mile

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of O'Hare International Airport. Except where permitted, a
person operating a motor vehicle shall not stop or stand the
person's vehicle on a shoulder of a highway along traffic
routes within a one-half mile radius of: (1) the eastern
entrance to O'Hare International Airport; and (2) the
intersection of Interstate 90 and Interstate 294.
No person who is the lessor of a motor vehicle under a
written lease agreement shall be liable for an automated
traffic safety system violation involving such motor vehicle
during the period of the lease, unless, 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 under this
Section, the Authority 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, and the lessee may be held
liable for the violation.
This Section shall not apply to vehicles that are stopped
or standing in a restricted area if:
(1) a person is yielding to an emergency vehicle;
(2) the vehicle malfunctions;
(3) a person was directed to stop the person's vehicle
by a law enforcement officer;
(4) the vehicle was stolen prior to violation and not
controlled by the registered owner of the vehicle; or

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(5) the driver of the vehicle received a Uniform
Traffic Citation from a police officer at the time of the
violation for the same offense.
Section 15. Installation of automated traffic safety
systems; enforcement. The Authority shall install and maintain
automated traffic safety systems along traffic routes within a
one-half mile radius of: (1) the eastern entrance to O'Hare
International Airport; and (2) the intersection of Interstate
90 and Interstate 294.
A traffic route that is equipped with an automated traffic
safety system must be posted with signs visible to approaching
traffic indicating that the route is being monitored by an
automated traffic safety system and informing drivers that
stopping or standing is prohibited.
Section 20. Recorded image. An automated traffic safety
system that produces a recorded image of a motor vehicle's
violation of this Act shall be 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.
Recorded images made by an automated traffic safety system
are confidential and shall be made available only (i) to the
alleged violator and governmental and law enforcement agencies
for purposes of adjudicating a violation of this Act, for

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statistical purposes, or for other governmental purposes; or
(ii) in response to a lawful subpoena. However, a recorded
image evidencing a violation of this Act may be admissible in a
proceeding resulting from the issuance of a citation.
Section 25. Fines; notice. A person who violates this Act
shall be subject to a $100 fine for each offense. Proceeds from
fines shall be deposited into the State Police Law Enforcement
Administration Fund.
For each violation of a provision of this Act recorded by
an automatic traffic safety system, the Authority 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
Authority 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;

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(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 stopping or standing in a restricted area;
(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
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.