Bill Text: IL HB4451 | 2023-2024 | 103rd General Assembly | Engrossed

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Bill Title: Amends the Illinois Vehicle Code. Establishes that a municipality that operates an automated speed enforcement system shall set aside 10% of the net proceeds from each system that generates more than $500,000 in revenue for the respective school district or park district in which the automated speed enforcement system is located. Provides that the set aside proceeds may be allocated for any purpose designated by the school district or park district. Set forth home rule provisions.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Engrossed) 2024-06-26 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [HB4451 Detail]

Download: Illinois-2023-HB4451-Engrossed.html

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AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Vehicle Code is amended by
changing Section 11-208.8 as follows:
(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
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

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image must also display the time, date, and location of the
violation.
"Owner" means the person or entity to whom the vehicle is
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

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"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.
(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 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

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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
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 municipality may send, in the same manner that notices are
sent under this Section, a speed violation warning notice

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where the violation involves a speed of 5 miles per hour or
less above the legal speed limit.
(d) The net proceeds that a municipality 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 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 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 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

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after the Secretary of State notifies the municipality of the
identity of the owner of the vehicle, but in no event later
than 90 days after the 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

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Internet, where the person may view the recorded images of
the violation.
(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

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violation;
(2) that 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; and
(3) any other evidence or issues provided by 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
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

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days notice of the use of a new automated speed enforcement
system prior to the issuance of any citations through the
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 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 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 municipalities or counties. No former officer or
employee of a municipality or county shall, within a period of
2 years immediately after the termination of 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
municipalities or counties.
(o) Notwithstanding the provisions of subsection (d) of

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this Section, a municipality that operates an automated speed
enforcement system shall set aside 10% of the net proceeds
from each system that generates more than $500,000 in revenue
for the school or park in the safety zone in which the
automated speed enforcement system is located. The set aside
proceeds may be allocated for any purpose designated by the
school or park.
A home rule unit may not regulate the amount and use of the
net proceeds in a manner less restrictive than the regulation
of such by the State. This subsection is a limitation of
subsection (i) of Section 6 of Article VII of the Illinois
Constitution on the concurrent powers and functions exercised
by both the home rule unit and the State. (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. 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 municipality may issue the violation
to the lessee of the vehicle in the same manner as it would

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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 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 municipality.
(r) A 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 municipality
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 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

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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 municipality.
(s) This Section applies only to municipalities with a
population of 1,000,000 or more inhabitants.
(t) If a county or municipality 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
enforcement system for any other county or municipality in the
State, then the Department shall approve or deny the county 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 for
the placement, installation, or operation of an automated
speed enforcement system if any official or employee who
serves that county or municipality 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.
The Department shall adopt any rules necessary to

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