Bill Text: IL HB0642 | 2009-2010 | 96th General Assembly | Introduced

---

Bill Title: Amends provisions of the Toll Highway Act and the Illinois Vehicle Code relating to toll violations detected by the Illinois State Toll Highway Authority's video or photo surveillance system and red light violations detected by an automated traffic law enforcement system in a municipality or county. Provides that violation notices must be sent no later than 30 days after the date of the alleged violation. Requires notices to be accompanied by copies of any and all evidence, material, or similar information relevant to the alleged violation. Provides that if the public entity with jurisdiction fails to comply with the violation notice requirements, the alleged violator has an affirmative defense to an alleged violation. Effective immediately.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2009-04-22 - Tabled By Sponsor Rep. Chapin Rose [HB0642 Detail]

Download: Illinois-2009-HB0642-Introduced.html

---

96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB0642 Introduced 2/6/2009, by Rep. Chapin Rose SYNOPSIS AS INTRODUCED:
605 ILCS 10/10 from Ch. 121, par. 100-10
625 ILCS 5/11-208.6
Amends the Toll Highway Act and the Illinois Vehicle Code relating to toll violations detected by the Illinois State Toll Highway Authority's video or photo surveillance system and red light violations detected by an automated traffic law enforcement system in a municipality or county. Provides that violation notices must be sent no later than 30 days after the date of the alleged violation. Requires notices to be accompanied by copies of any and all evidence, material, or similar information relevant to the alleged violation. Provides that if the public entity with jurisdiction fails to comply with the violation notice requirements, the alleged violator has an affirmative defense to an alleged violation. Effective immediately.
LRB096 07363 AJT 17449 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
HB0642 LRB096 07363 AJT 17449 b
AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Toll Highway Act is amended by changing
Section 10 as follows:
(605 ILCS 10/10) (from Ch. 121, par. 100-10)
Sec. 10. The Authority shall have power:
(a) To pass resolutions, make by-laws, rules and
regulations for the management, regulation and control of its
affairs, and to fix tolls, and to make, enact and enforce all
needful rules and regulations in connection with the
construction, operation, management, care, regulation or
protection of its property or any toll highways, constructed or
reconstructed hereunder.
(a-5) To fix, assess, and collect civil fines for a
vehicle's operation on a toll highway without the required toll
having been paid. The Authority may establish by rule a system
of civil administrative adjudication to adjudicate only
alleged instances of a vehicle's operation on a toll highway
without the required toll having been paid, as detected by the
Authority's video or photo surveillance system. In cases in
which the operator of the vehicle is not the registered vehicle
owner, the establishment of ownership of the vehicle creates a

HB0642 - 2 - LRB096 07363 AJT 17449 b
rebuttable presumption that the vehicle was being operated by
an agent of the registered vehicle owner. If the registered
vehicle owner liable for a violation under this Section was not
the operator of the vehicle at the time of the violation, the
owner may maintain an action for indemnification against the
operator in the circuit court. Rules establishing a system of
civil administrative adjudication must provide for written
notice, by first class mail or other means provided by law, to
be sent no later than 30 days after the date of the alleged
violation to the address of the registered owner of the cited
vehicle as recorded with the Secretary of State or to the
lessee of the cited vehicle at the last address known to the
lessor of the cited vehicle at the time of the lease, of the
alleged violation and an opportunity to be heard on the
question of the violation and must provide for the
establishment of a toll-free telephone number to receive
inquiries concerning alleged violations. The notice shall also
inform the registered vehicle owner that failure to contest in
the manner and time provided shall be deemed an admission of
liability and that a final order of liability may be entered on
that admission. The notice shall include a copy of any and all
evidence, material, or similar information relevant to the
alleged violation.
A duly authorized agent of the Authority may perform or
execute the preparation, certification, affirmation, or
mailing of the notice. A notice of violation, sworn or affirmed

HB0642 - 3 - LRB096 07363 AJT 17449 b
to or certified by a duly authorized agent of the Authority, or
a facsimile of the notice, based upon an inspection of
photographs, microphotographs, videotape, or other recorded
images produced by a video or photo surveillance system, shall
be admitted as prima facie evidence of the correctness of the
facts contained in the notice or facsimile. Only civil fines,
along with the corresponding outstanding toll, and costs may be
imposed by administrative adjudication. A fine may be imposed
under this paragraph only if a violation is established by a
preponderance of the evidence. Judicial review of all final
orders of the Authority under this paragraph shall be conducted
in the circuit court of the county in which the administrative
decision was rendered in accordance with the Administrative
Review Law.
Any outstanding toll, fine, additional late payment fine,
other sanction, or costs imposed, or part of any fine, other
sanction, or costs imposed, remaining unpaid after the
exhaustion of, or the failure to exhaust, judicial review
procedures under the Administrative Review Law are a debt due
and owing the Authority and may be collected in accordance with
applicable law. After expiration of the period in which
judicial review under the Administrative Review Law may be
sought, unless stayed by a court of competent jurisdiction, a
final order of the Authority under this subsection (a-5) may be
enforced in the same manner as a judgment entered by a court of
competent jurisdiction. Notwithstanding any other provision of

HB0642 - 4 - LRB096 07363 AJT 17449 b
this Act, the Authority may, with the approval of the Attorney
General, retain a law firm or law firms with expertise in the
collection of government fines and debts for the purpose of
collecting fines, costs, and other moneys due under this
subsection (a-5).
A system of civil administrative adjudication may also
provide for a program of vehicle immobilization, tow, or
impoundment for the purpose of facilitating enforcement of any
final order or orders of the Authority under this subsection
(a-5) that result in a finding or liability for 5 or more
violations after expiration of the period in which judicial
review under the Administrative Review Law may be sought. The
registered vehicle owner of a vehicle immobilized, towed, or
impounded for nonpayment of a final order of the Authority
under this subsection (a-5) shall have the right to request a
hearing before the Authority's civil administrative
adjudicatory system to challenge the validity of the
immobilization, tow, or impoundment. This hearing, however,
shall not constitute a readjudication of the merits of
previously adjudicated notices. Judicial review of all final
orders of the Authority under this subsection (a-5) shall be
conducted in the circuit court of the county in which the
administrative decision was rendered in accordance with the
Administrative Review Law.
No commercial entity that is the lessor of a vehicle under
a written lease agreement shall be liable for an administrative

HB0642 - 5 - LRB096 07363 AJT 17449 b
notice of violation for toll evasion issued under this
subsection (a-5) involving that vehicle during the period of
the lease if the lessor provides a copy of the leasing
agreement to the Authority within 21 days of the issue date on
the notice of violation. The leasing agreement also must
contain a provision or addendum informing the lessee that the
lessee is liable for payment of all tolls and any fines for
toll evasion. Each entity must also post a sign at the leasing
counter notifying the lessee of that liability. The copy of the
leasing agreement provided to the Authority must contain the
name, address, and driver's license number of the lessee, as
well as the check-out and return dates and times of the vehicle
and the vehicle license plate number and vehicle make and
model.
As used in this subsection (a-5), "lessor" includes
commercial leasing and rental entities but does not include
public passenger vehicle entities.
The Authority shall establish an amnesty program for
violations adjudicated under this subsection (a-5). Under the
program, any person who has an outstanding notice of violation
for toll evasion or a final order of a hearing officer for toll
evasion dated prior to the effective date of this amendatory
Act of the 94th General Assembly and who pays to the Authority
the full percentage amounts listed in this paragraph remaining
due on the notice of violation or final order of the hearing
officer and the full fees and costs paid by the Authority to

HB0642 - 6 - LRB096 07363 AJT 17449 b
the Secretary of State relating to suspension proceedings, if
applicable, on or before 5:00 p.m., Central Standard Time, of
the 60th day after the effective date of this amendatory Act of
the 94th General Assembly shall not be required to pay more
than the listed percentage of the original fine amount and
outstanding toll as listed on the notice of violation or final
order of the hearing officer and the full fees and costs paid
by the Authority to the Secretary of State relating to
suspension proceedings, if applicable. The payment percentage
scale shall be as follows: a person with 25 or fewer violations
shall be eligible for amnesty upon payment of 50% of the
original fine amount and the outstanding tolls; a person with
more than 25 but fewer than 51 violations shall be eligible for
amnesty upon payment of 60% of the original fine amount and the
outstanding tolls; and a person with 51 or more violations
shall be eligible for amnesty upon payment of 75% of the
original fine amount and the outstanding tolls. In such a
situation, the Executive Director of the Authority or his or
her designee is authorized and directed to waive any late fine
amount above the applicable percentage of the original fine
amount. Partial payment of the amount due shall not be a basis
to extend the amnesty payment deadline nor shall it act to
relieve the person of liability for payment of the late fine
amount. In order to receive amnesty, the full amount of the
applicable percentage of the original fine amount and
outstanding toll remaining due on the notice of violation or

HB0642 - 7 - LRB096 07363 AJT 17449 b
final order of the hearing officer and the full fees and costs
paid by the Authority to the Secretary of State relating to
suspension proceedings, if applicable, must be paid in full by
5:00 p.m., Central Standard Time, of the 60th day after the
effective date of this amendatory Act of the 94th General
Assembly. This amendatory Act of the 94th General Assembly has
no retroactive effect with regard to payments already tendered
to the Authority that were full payments or payments in an
amount greater than the applicable percentage, and this Act
shall not be the basis for either a refund or a credit. This
amendatory Act of the 94th General Assembly does not apply to
toll evasion citations issued by the Illinois State Police or
other authorized law enforcement agencies and for which payment
may be due to or through the clerk of the circuit court. The
Authority shall adopt rules as necessary to implement the
provisions of this amendatory Act of the 94th General Assembly.
The Authority, by a resolution of the Board of Directors, shall
have the discretion to implement similar amnesty programs in
the future. The Authority, at its discretion and in
consultation with the Attorney General, is further authorized
to settle an administrative fine or penalty if it determines
that settling for less than the full amount is in the best
interests of the Authority after taking into account the
following factors: (1) the merits of the Authority's claim
against the respondent; (2) the amount that can be collected
relative to the administrative fine or penalty owed by the

HB0642 - 8 - LRB096 07363 AJT 17449 b
respondent; (3) the cost of pursuing further enforcement or
collection action against the respondent; (4) the likelihood of
collecting the full amount owed; and (5) the burden on the
judiciary. The provisions in this Section may be extended to
other toll facilities in the State of Illinois through a duly
executed agreement between the Authority and the operator of
the toll facility.
(a-10) It shall be an affirmative defense to any alleged
violation if the Authority fails to comply with the
requirements of subsection (a-5).
(b) To prescribe rules and regulations applicable to
traffic on highways under the jurisdiction of the Authority,
concerning:
(1) Types of vehicles permitted to use such highways or
parts thereof, and classification of such vehicles;
(2) Designation of the lanes of traffic to be used by
the different types of vehicles permitted upon said
highways;
(3) Stopping, standing, and parking of vehicles;
(4) Control of traffic by means of police officers or
traffic control signals;
(5) Control or prohibition of processions, convoys,
and assemblages of vehicles and persons;
(6) Movement of traffic in one direction only on
designated portions of said highways;
(7) Control of the access, entrance, and exit of

HB0642 - 9 - LRB096 07363 AJT 17449 b
vehicles and persons to and from said highways; and
(8) Preparation, location and installation of all
traffic signs; and to prescribe further rules and
regulations applicable to such traffic, concerning matters
not provided for either in the foregoing enumeration or in
the Illinois Vehicle Code. Notice of such rules and
regulations shall be posted conspicuously and displayed at
appropriate points and at reasonable intervals along said
highways, by clearly legible markers or signs, to provide
notice of the existence of such rules and regulations to
persons traveling on said highways. At each toll station,
the Authority shall make available, free of charge,
pamphlets containing all of such rules and regulations.
(c) The Authority, in fixing the rate for tolls for the
privilege of using the said toll highways, is authorized and
directed, in fixing such rates, to base the same upon annual
estimates to be made, recorded and filed with the Authority.
Said estimates shall include the following: The estimated total
amount of the use of the toll highways; the estimated amount of
the revenue to be derived therefrom, which said revenue, when
added to all other receipts and income, will be sufficient to
pay the expense of maintaining and operating said toll
highways, including the administrative expenses of the
Authority, and to discharge all obligations of the Authority as
they become due and payable.
(d) To accept from any municipality or political

HB0642 - 10 - LRB096 07363 AJT 17449 b
subdivision any lands, easements or rights in land needed for
the operation, construction, relocation or maintenance of any
toll highways, with or without payment therefor, and in its
discretion to reimburse any such municipality or political
subdivision out of its funds for any cost or expense incurred
in the acquisition of land, easements or rights in land, in
connection with the construction and relocation of the said
toll highways, widening, extending roads, streets or avenues in
connection therewith, or for the construction of any roads or
streets forming extension to and connections with or between
any toll highways, or for the cost or expense of widening,
grading, surfacing or improving any existing streets or roads
or the construction of any streets and roads forming extensions
of or connections with any toll highways constructed,
relocated, operated, maintained or regulated hereunder by the
Authority. Where property owned by a municipality or political
subdivision is necessary to the construction of an approved
toll highway, if the Authority cannot reach an agreement with
such municipality or political subdivision and if the use to
which the property is being put in the hands of the
municipality or political subdivision is not essential to the
existence or the administration of such municipality or
political subdivision, the Authority may acquire the property
by condemnation.
(Source: P.A. 94-636, eff. 8-22-05.)

HB0642 - 11 - LRB096 07363 AJT 17449 b
Section 10. The Illinois Vehicle Code is amended by
changing Section 11-208.6 as follows:
(625 ILCS 5/11-208.6)
Sec. 11-208.6. Automated traffic law enforcement system.
(a) As used in this Section, "automated traffic law
enforcement system" means a device with one or more motor
vehicle sensors working in conjunction with a red light signal
to produce recorded images of motor vehicles entering an
intersection against a red signal indication in violation of
Section 11-306 of this Code or a similar provision of a local
ordinance.
An automated traffic law enforcement system is a system, in
a municipality or county operated by a governmental agency,
that produces a recorded image of a motor vehicle's violation
of a provision of this Code or a local ordinance and is
designed to obtain a clear recorded image of the vehicle and
the vehicle's license plate. The recorded image must also
display the time, date, and location of the violation.
(b) As used in this Section, "recorded images" means images
recorded by an automated traffic law enforcement system on:
(1) 2 or more photographs;
(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

HB0642 - 12 - LRB096 07363 AJT 17449 b
identifying the registration plate number of the motor
vehicle.
(c) A county or municipality, including a home rule county
or municipality, may not use an automated traffic law
enforcement system to provide recorded images of a motor
vehicle for the purpose of recording its speed. The regulation
of the use of automated traffic law enforcement systems to
record vehicle speeds is an exclusive power and function of the
State. This subsection (c) is a denial and limitation of home
rule powers and functions under subsection (h) of Section 6 of
Article VII of the Illinois Constitution.
(d) For each violation of a provision of this Code or a
local ordinance recorded by an automatic traffic law
enforcement system, the county or municipality having
jurisdiction shall issue a written notice of the violation to
the registered owner of the vehicle as the alleged violator.
The notice shall be delivered to the registered owner of the
vehicle, by mail, within 30 days after the Secretary of State
notifies the municipality or county of the identity of the
owner of the vehicle, but in no event later than 30 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;

HB0642 - 13 - LRB096 07363 AJT 17449 b
(3) the violation charged;
(4) the location where the violation occurred;
(5) the date and time of the violation;
(6) a copy of any and all evidence, material, or
similar information relevant to the alleged violation the
recorded images;
(7) the amount of the civil penalty imposed and the
date by which the civil penalty should be paid;
(8) a statement that recorded images are evidence of a
violation of a red light signal;
(9) a warning that failure to pay the civil penalty or
to contest liability in a timely manner is an admission of
liability and may result in a suspension of the driving
privileges of the registered owner of the vehicle; and
(10) a statement that the person may elect to proceed
by:
(A) paying the fine; or
(B) challenging the charge in court, by mail, or by
administrative hearing.
(d-5) It shall be an affirmative defense to any alleged
violation if the county or municipality having jurisdiction
fails to comply with the requirements of subsection (d).
(e) If a person charged with a traffic violation, as a
result of an automated traffic law enforcement system, does not
pay or successfully contest the civil penalty resulting from
that violation, the Secretary of State shall suspend the

HB0642 - 14 - LRB096 07363 AJT 17449 b
driving privileges of the registered owner of the vehicle under
Section 6-306.5 of this Code for failing to pay any fine or
penalty due and owing as a result of 5 violations of the
automated traffic law enforcement system.
(f) Based on inspection of recorded images produced by an
automated traffic law enforcement system, a notice alleging
that the violation occurred shall be evidence of the facts
contained in the notice and admissible in any proceeding
alleging a violation under this Section.
(g) Recorded images made by an automatic traffic law
enforcement system are confidential and shall be made available
only to the alleged violator and governmental and law
enforcement agencies for purposes of adjudicating a violation
of this Section, for statistical purposes, or for other
governmental purposes. Any recorded image evidencing a
violation of this Section, however, may be admissible in any
proceeding resulting from the issuance of the citation.
(h) The court or hearing officer may consider in defense of
a violation:
(1) that the motor vehicle or registration plates of
the motor vehicle were stolen before the violation occurred
and not under the control of or in the possession of the
owner at the time of the violation;
(2) that the driver of the vehicle passed through the
intersection when the light was red either (i) in order to
yield the right-of-way to an emergency vehicle or (ii) as

HB0642 - 15 - LRB096 07363 AJT 17449 b
part of a funeral procession; and
(3) any other evidence or issues provided by municipal
or county ordinance.
(i) To demonstrate that the motor vehicle or the
registration plates were stolen before the violation occurred
and were not under the control or possession of the owner at
the time of the violation, the owner must submit proof that a
report concerning the stolen motor vehicle or registration
plates was filed with a law enforcement agency in a timely
manner.
(j) Unless the driver of the motor vehicle received a
Uniform Traffic Citation from a police officer at the time of
the violation, the motor vehicle owner is subject to a civil
penalty not exceeding $100, plus an additional penalty of not
more than $100 for failure to pay the original penalty in a
timely manner, if the motor vehicle is recorded by an automated
traffic law enforcement system. A violation for which a civil
penalty is imposed under this Section is not a violation of a
traffic regulation governing the movement of vehicles and may
not be recorded on the driving record of the owner of the
vehicle.
(k) An intersection equipped with an automated traffic law
enforcement system must be posted with a sign visible to
approaching traffic indicating that the intersection is being
monitored by an automated traffic law enforcement system.
(l) The compensation paid for an automated traffic law

HB0642 - 16 - LRB096 07363 AJT 17449 b
enforcement system must be based on the value of the equipment
or the services provided and may not be based on the number of
traffic citations issued or the revenue generated by the
system.
(m) This Section applies only to the counties of Cook,
DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and
to municipalities located within those counties.
(Source: P.A. 94-795, eff. 5-22-06.)
Section 99. Effective date. This Act takes effect upon
becoming law.