Illinois 2023-2024 Regular Session

Illinois House Bill HB1018 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1018 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED: 625 ILCS 5/11-208.3 from Ch. 95 1/2, par. 11-208.3 Amends the Illinois Vehicle Code. Provides that any ordinance establishing a system of administrative adjudication shall provide for the service of notices (rather than "additional notices") to the address of the registered owner of the cited vehicle. LRB103 04879 HEP 49889 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1018 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED: 625 ILCS 5/11-208.3 from Ch. 95 1/2, par. 11-208.3 625 ILCS 5/11-208.3 from Ch. 95 1/2, par. 11-208.3 Amends the Illinois Vehicle Code. Provides that any ordinance establishing a system of administrative adjudication shall provide for the service of notices (rather than "additional notices") to the address of the registered owner of the cited vehicle. LRB103 04879 HEP 49889 b LRB103 04879 HEP 49889 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1018 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED:
3	3	625 ILCS 5/11-208.3 from Ch. 95 1/2, par. 11-208.3 625 ILCS 5/11-208.3 from Ch. 95 1/2, par. 11-208.3
4	4	625 ILCS 5/11-208.3 from Ch. 95 1/2, par. 11-208.3
5	5	Amends the Illinois Vehicle Code. Provides that any ordinance establishing a system of administrative adjudication shall provide for the service of notices (rather than "additional notices") to the address of the registered owner of the cited vehicle.
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8	8	A BILL FOR
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11	11	1 AN ACT concerning transportation.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Illinois Vehicle Code is amended by
15	15	5 changing Section 11-208.3 as follows:
16	16	6 (625 ILCS 5/11-208.3) (from Ch. 95 1/2, par. 11-208.3)
17	17	7 (Text of Section before amendment by P.A. 102-905)
18	18	8 Sec. 11-208.3. Administrative adjudication of violations
19	19	9 of traffic regulations concerning the standing, parking, or
20	20	10 condition of vehicles, automated traffic law violations, and
21	21	11 automated speed enforcement system violations.
22	22	12 (a) Any municipality or county may provide by ordinance
23	23	13 for a system of administrative adjudication of vehicular
24	24	14 standing and parking violations and vehicle compliance
25	25	15 violations as described in this subsection, automated traffic
26	26	16 law violations as defined in Section 11-208.6, 11-208.9, or
27	27	17 11-1201.1, and automated speed enforcement system violations
28	28	18 as defined in Section 11-208.8. The administrative system
29	29	19 shall have as its purpose the fair and efficient enforcement
30	30	20 of municipal or county regulations through the administrative
31	31	21 adjudication of automated speed enforcement system or
32	32	22 automated traffic law violations and violations of municipal
33	33	23 or county ordinances regulating the standing and parking of
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1018 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED:
38	38	625 ILCS 5/11-208.3 from Ch. 95 1/2, par. 11-208.3 625 ILCS 5/11-208.3 from Ch. 95 1/2, par. 11-208.3
39	39	625 ILCS 5/11-208.3 from Ch. 95 1/2, par. 11-208.3
40	40	Amends the Illinois Vehicle Code. Provides that any ordinance establishing a system of administrative adjudication shall provide for the service of notices (rather than "additional notices") to the address of the registered owner of the cited vehicle.
41	41	LRB103 04879 HEP 49889 b LRB103 04879 HEP 49889 b
42	42	LRB103 04879 HEP 49889 b
43	43	A BILL FOR
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49	49	625 ILCS 5/11-208.3 from Ch. 95 1/2, par. 11-208.3
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68	68	1 vehicles, the condition and use of vehicle equipment, and the
69	69	2 display of municipal or county wheel tax licenses within the
70	70	3 municipality's or county's borders. The administrative system
71	71	4 shall only have authority to adjudicate civil offenses
72	72	5 carrying fines not in excess of $500 or requiring the
73	73	6 completion of a traffic education program, or both, that occur
74	74	7 after the effective date of the ordinance adopting such a
75	75	8 system under this Section. For purposes of this Section,
76	76	9 "compliance violation" means a violation of a municipal or
77	77	10 county regulation governing the condition or use of equipment
78	78	11 on a vehicle or governing the display of a municipal or county
79	79	12 wheel tax license.
80	80	13 (b) Any ordinance establishing a system of administrative
81	81	14 adjudication under this Section shall provide for:
82	82	15 (1) A traffic compliance administrator authorized to
83	83	16 adopt, distribute, and process parking, compliance, and
84	84	17 automated speed enforcement system or automated traffic
85	85	18 law violation notices and other notices required by this
86	86	19 Section, collect money paid as fines and penalties for
87	87	20 violation of parking and compliance ordinances and
88	88	21 automated speed enforcement system or automated traffic
89	89	22 law violations, and operate an administrative adjudication
90	90	23 system.
91	91	24 (2) A parking, standing, compliance, automated speed
92	92	25 enforcement system, or automated traffic law violation
93	93	26 notice that shall specify or include the date, time, and
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104	104	1 place of violation of a parking, standing, compliance,
105	105	2 automated speed enforcement system, or automated traffic
106	106	3 law regulation; the particular regulation violated; any
107	107	4 requirement to complete a traffic education program; the
108	108	5 fine and any penalty that may be assessed for late payment
109	109	6 or failure to complete a required traffic education
110	110	7 program, or both, when so provided by ordinance; the
111	111	8 vehicle make or a photograph of the vehicle; the state
112	112	9 registration number of the vehicle; and the identification
113	113	10 number of the person issuing the notice. With regard to
114	114	11 automated speed enforcement system or automated traffic
115	115	12 law violations, vehicle make shall be specified on the
116	116	13 automated speed enforcement system or automated traffic
117	117	14 law violation notice if the notice does not include a
118	118	15 photograph of the vehicle and the make is available and
119	119	16 readily discernible. With regard to municipalities or
120	120	17 counties with a population of 1 million or more, it shall
121	121	18 be grounds for dismissal of a parking violation if the
122	122	19 state registration number or vehicle make specified is
123	123	20 incorrect. The violation notice shall state that the
124	124	21 completion of any required traffic education program, the
125	125	22 payment of any indicated fine, and the payment of any
126	126	23 applicable penalty for late payment or failure to complete
127	127	24 a required traffic education program, or both, shall
128	128	25 operate as a final disposition of the violation. The
129	129	26 notice also shall contain information as to the
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140	140	1 availability of a hearing in which the violation may be
141	141	2 contested on its merits. The violation notice shall
142	142	3 specify the time and manner in which a hearing may be had.
143	143	4 (3) Service of a parking, standing, or compliance
144	144	5 violation notice by: (i) affixing the original or a
145	145	6 facsimile of the notice to an unlawfully parked or
146	146	7 standing vehicle; (ii) handing the notice to the operator
147	147	8 of a vehicle if he or she is present; or (iii) mailing the
148	148	9 notice to the address of the registered owner or lessee of
149	149	10 the cited vehicle as recorded with the Secretary of State
150	150	11 or the lessor of the motor vehicle within 30 days after the
151	151	12 Secretary of State or the lessor of the motor vehicle
152	152	13 notifies the municipality or county of the identity of the
153	153	14 owner or lessee of the vehicle, but not later than 90 days
154	154	15 after the date of the violation, except that in the case of
155	155	16 a lessee of a motor vehicle, service of a parking,
156	156	17 standing, or compliance violation notice may occur no
157	157	18 later than 210 days after the violation; and service of an
158	158	19 automated speed enforcement system or automated traffic
159	159	20 law violation notice by mail to the address of the
160	160	21 registered owner or lessee of the cited vehicle as
161	161	22 recorded with the Secretary of State or the lessor of the
162	162	23 motor vehicle within 30 days after the Secretary of State
163	163	24 or the lessor of the motor vehicle notifies the
164	164	25 municipality or county of the identity of the owner or
165	165	26 lessee of the vehicle, but not later than 90 days after the
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176	176	1 violation, except that in the case of a lessee of a motor
177	177	2 vehicle, service of an automated traffic law violation
178	178	3 notice may occur no later than 210 days after the
179	179	4 violation. A person authorized by ordinance to issue and
180	180	5 serve parking, standing, and compliance violation notices
181	181	6 shall certify as to the correctness of the facts entered
182	182	7 on the violation notice by signing his or her name to the
183	183	8 notice at the time of service or, in the case of a notice
184	184	9 produced by a computerized device, by signing a single
185	185	10 certificate to be kept by the traffic compliance
186	186	11 administrator attesting to the correctness of all notices
187	187	12 produced by the device while it was under his or her
188	188	13 control. In the case of an automated traffic law
189	189	14 violation, the ordinance shall require a determination by
190	190	15 a technician employed or contracted by the municipality or
191	191	16 county that, based on inspection of recorded images, the
192	192	17 motor vehicle was being operated in violation of Section
193	193	18 11-208.6, 11-208.9, or 11-1201.1 or a local ordinance. If
194	194	19 the technician determines that the vehicle entered the
195	195	20 intersection as part of a funeral procession or in order
196	196	21 to yield the right-of-way to an emergency vehicle, a
197	197	22 citation shall not be issued. In municipalities with a
198	198	23 population of less than 1,000,000 inhabitants and counties
199	199	24 with a population of less than 3,000,000 inhabitants, the
200	200	25 automated traffic law ordinance shall require that all
201	201	26 determinations by a technician that a motor vehicle was
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212	212	1 being operated in violation of Section 11-208.6, 11-208.9,
213	213	2 or 11-1201.1 or a local ordinance must be reviewed and
214	214	3 approved by a law enforcement officer or retired law
215	215	4 enforcement officer of the municipality or county issuing
216	216	5 the violation. In municipalities with a population of
217	217	6 1,000,000 or more inhabitants and counties with a
218	218	7 population of 3,000,000 or more inhabitants, the automated
219	219	8 traffic law ordinance shall require that all
220	220	9 determinations by a technician that a motor vehicle was
221	221	10 being operated in violation of Section 11-208.6, 11-208.9,
222	222	11 or 11-1201.1 or a local ordinance must be reviewed and
223	223	12 approved by a law enforcement officer or retired law
224	224	13 enforcement officer of the municipality or county issuing
225	225	14 the violation or by an additional fully trained reviewing
226	226	15 technician who is not employed by the contractor who
227	227	16 employs the technician who made the initial determination.
228	228	17 In the case of an automated speed enforcement system
229	229	18 violation, the ordinance shall require a determination by
230	230	19 a technician employed by the municipality, based upon an
231	231	20 inspection of recorded images, video or other
232	232	21 documentation, including documentation of the speed limit
233	233	22 and automated speed enforcement signage, and documentation
234	234	23 of the inspection, calibration, and certification of the
235	235	24 speed equipment, that the vehicle was being operated in
236	236	25 violation of Article VI of Chapter 11 of this Code or a
237	237	26 similar local ordinance. If the technician determines that
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248	248	1 the vehicle speed was not determined by a calibrated,
249	249	2 certified speed equipment device based upon the speed
250	250	3 equipment documentation, or if the vehicle was an
251	251	4 emergency vehicle, a citation may not be issued. The
252	252	5 automated speed enforcement ordinance shall require that
253	253	6 all determinations by a technician that a violation
254	254	7 occurred be reviewed and approved by a law enforcement
255	255	8 officer or retired law enforcement officer of the
256	256	9 municipality issuing the violation or by an additional
257	257	10 fully trained reviewing technician who is not employed by
258	258	11 the contractor who employs the technician who made the
259	259	12 initial determination. Routine and independent calibration
260	260	13 of the speeds produced by automated speed enforcement
261	261	14 systems and equipment shall be conducted annually by a
262	262	15 qualified technician. Speeds produced by an automated
263	263	16 speed enforcement system shall be compared with speeds
264	264	17 produced by lidar or other independent equipment. Radar or
265	265	18 lidar equipment shall undergo an internal validation test
266	266	19 no less frequently than once each week. Qualified
267	267	20 technicians shall test loop-based equipment no less
268	268	21 frequently than once a year. Radar equipment shall be
269	269	22 checked for accuracy by a qualified technician when the
270	270	23 unit is serviced, when unusual or suspect readings
271	271	24 persist, or when deemed necessary by a reviewing
272	272	25 technician. Radar equipment shall be checked with the
273	273	26 internal frequency generator and the internal circuit test
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284	284	1 whenever the radar is turned on. Technicians must be alert
285	285	2 for any unusual or suspect readings, and if unusual or
286	286	3 suspect readings of a radar unit persist, that unit shall
287	287	4 immediately be removed from service and not returned to
288	288	5 service until it has been checked by a qualified
289	289	6 technician and determined to be functioning properly.
290	290	7 Documentation of the annual calibration results, including
291	291	8 the equipment tested, test date, technician performing the
292	292	9 test, and test results, shall be maintained and available
293	293	10 for use in the determination of an automated speed
294	294	11 enforcement system violation and issuance of a citation.
295	295	12 The technician performing the calibration and testing of
296	296	13 the automated speed enforcement equipment shall be trained
297	297	14 and certified in the use of equipment for speed
298	298	15 enforcement purposes. Training on the speed enforcement
299	299	16 equipment may be conducted by law enforcement, civilian,
300	300	17 or manufacturer's personnel and if applicable may be
301	301	18 equivalent to the equipment use and operations training
302	302	19 included in the Speed Measuring Device Operator Program
303	303	20 developed by the National Highway Traffic Safety
304	304	21 Administration (NHTSA). The vendor or technician who
305	305	22 performs the work shall keep accurate records on each
306	306	23 piece of equipment the technician calibrates and tests. As
307	307	24 used in this paragraph, "fully trained reviewing
308	308	25 technician" means a person who has received at least 40
309	309	26 hours of supervised training in subjects which shall
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320	320	1 include image inspection and interpretation, the elements
321	321	2 necessary to prove a violation, license plate
322	322	3 identification, and traffic safety and management. In all
323	323	4 municipalities and counties, the automated speed
324	324	5 enforcement system or automated traffic law ordinance
325	325	6 shall require that no additional fee shall be charged to
326	326	7 the alleged violator for exercising his or her right to an
327	327	8 administrative hearing, and persons shall be given at
328	328	9 least 25 days following an administrative hearing to pay
329	329	10 any civil penalty imposed by a finding that Section
330	330	11 11-208.6, 11-208.8, 11-208.9, or 11-1201.1 or a similar
331	331	12 local ordinance has been violated. The original or a
332	332	13 facsimile of the violation notice or, in the case of a
333	333	14 notice produced by a computerized device, a printed record
334	334	15 generated by the device showing the facts entered on the
335	335	16 notice, shall be retained by the traffic compliance
336	336	17 administrator, and shall be a record kept in the ordinary
337	337	18 course of business. A parking, standing, compliance,
338	338	19 automated speed enforcement system, or automated traffic
339	339	20 law violation notice issued, signed, and served in
340	340	21 accordance with this Section, a copy of the notice, or the
341	341	22 computer-generated record shall be prima facie correct and
342	342	23 shall be prima facie evidence of the correctness of the
343	343	24 facts shown on the notice. The notice, copy, or
344	344	25 computer-generated record shall be admissible in any
345	345	26 subsequent administrative or legal proceedings.
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356	356	1 (4) An opportunity for a hearing for the registered
357	357	2 owner of the vehicle cited in the parking, standing,
358	358	3 compliance, automated speed enforcement system, or
359	359	4 automated traffic law violation notice in which the owner
360	360	5 may contest the merits of the alleged violation, and
361	361	6 during which formal or technical rules of evidence shall
362	362	7 not apply; provided, however, that under Section 11-1306
363	363	8 of this Code the lessee of a vehicle cited in the violation
364	364	9 notice likewise shall be provided an opportunity for a
365	365	10 hearing of the same kind afforded the registered owner.
366	366	11 The hearings shall be recorded, and the person conducting
367	367	12 the hearing on behalf of the traffic compliance
368	368	13 administrator shall be empowered to administer oaths and
369	369	14 to secure by subpoena both the attendance and testimony of
370	370	15 witnesses and the production of relevant books and papers.
371	371	16 Persons appearing at a hearing under this Section may be
372	372	17 represented by counsel at their expense. The ordinance may
373	373	18 also provide for internal administrative review following
374	374	19 the decision of the hearing officer.
375	375	20 (5) Service of additional notices, sent by first class
376	376	21 United States mail, postage prepaid, to the address of the
377	377	22 registered owner of the cited vehicle as recorded with the
378	378	23 Secretary of State or, if any notice to that address is
379	379	24 returned as undeliverable, to the last known address
380	380	25 recorded in a United States Post Office approved database,
381	381	26 or, under Section 11-1306 or subsection (p) of Section
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392	392	1 11-208.6 or 11-208.9, or subsection (p) of Section
393	393	2 11-208.8 of this Code, to the lessee of the cited vehicle
394	394	3 at the last address known to the lessor of the cited
395	395	4 vehicle at the time of lease or, if any notice to that
396	396	5 address is returned as undeliverable, to the last known
397	397	6 address recorded in a United States Post Office approved
398	398	7 database. The service shall be deemed complete as of the
399	399	8 date of deposit in the United States mail. The notices
400	400	9 shall be in the following sequence and shall include, but
401	401	10 not be limited to, the information specified herein:
402	402	11 (i) A second notice of parking, standing, or
403	403	12 compliance violation if the first notice of the
404	404	13 violation was issued by affixing the original or a
405	405	14 facsimile of the notice to the unlawfully parked
406	406	15 vehicle or by handing the notice to the operator. This
407	407	16 notice shall specify or include the date and location
408	408	17 of the violation cited in the parking, standing, or
409	409	18 compliance violation notice, the particular regulation
410	410	19 violated, the vehicle make or a photograph of the
411	411	20 vehicle, the state registration number of the vehicle,
412	412	21 any requirement to complete a traffic education
413	413	22 program, the fine and any penalty that may be assessed
414	414	23 for late payment or failure to complete a traffic
415	415	24 education program, or both, when so provided by
416	416	25 ordinance, the availability of a hearing in which the
417	417	26 violation may be contested on its merits, and the time
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428	428	1 and manner in which the hearing may be had. The notice
429	429	2 of violation shall also state that failure to complete
430	430	3 a required traffic education program, to pay the
431	431	4 indicated fine and any applicable penalty, or to
432	432	5 appear at a hearing on the merits in the time and
433	433	6 manner specified, will result in a final determination
434	434	7 of violation liability for the cited violation in the
435	435	8 amount of the fine or penalty indicated, and that,
436	436	9 upon the occurrence of a final determination of
437	437	10 violation liability for the failure, and the
438	438	11 exhaustion of, or failure to exhaust, available
439	439	12 administrative or judicial procedures for review, any
440	440	13 incomplete traffic education program or any unpaid
441	441	14 fine or penalty, or both, will constitute a debt due
442	442	15 and owing the municipality or county.
443	443	16 (ii) A notice of final determination of parking,
444	444	17 standing, compliance, automated speed enforcement
445	445	18 system, or automated traffic law violation liability.
446	446	19 This notice shall be sent following a final
447	447	20 determination of parking, standing, compliance,
448	448	21 automated speed enforcement system, or automated
449	449	22 traffic law violation liability and the conclusion of
450	450	23 judicial review procedures taken under this Section.
451	451	24 The notice shall state that the incomplete traffic
452	452	25 education program or the unpaid fine or penalty, or
453	453	26 both, is a debt due and owing the municipality or
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464	464	1 county. The notice shall contain warnings that failure
465	465	2 to complete any required traffic education program or
466	466	3 to pay any fine or penalty due and owing the
467	467	4 municipality or county, or both, within the time
468	468	5 specified may result in the municipality's or county's
469	469	6 filing of a petition in the Circuit Court to have the
470	470	7 incomplete traffic education program or unpaid fine or
471	471	8 penalty, or both, rendered a judgment as provided by
472	472	9 this Section, or, where applicable, may result in
473	473	10 suspension of the person's driver's license for
474	474	11 failure to complete a traffic education program.
475	475	12 (6) A notice of impending driver's license suspension.
476	476	13 This notice shall be sent to the person liable for failure
477	477	14 to complete a required traffic education program. The
478	478	15 notice shall state that failure to complete a required
479	479	16 traffic education program within 45 days of the notice's
480	480	17 date will result in the municipality or county notifying
481	481	18 the Secretary of State that the person is eligible for
482	482	19 initiation of suspension proceedings under Section 6-306.5
483	483	20 of this Code. The notice shall also state that the person
484	484	21 may obtain a photostatic copy of an original ticket
485	485	22 imposing a fine or penalty by sending a self-addressed,
486	486	23 stamped envelope to the municipality or county along with
487	487	24 a request for the photostatic copy. The notice of
488	488	25 impending driver's license suspension shall be sent by
489	489	26 first class United States mail, postage prepaid, to the
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492	492
493	493
494	494
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496	496
497	497
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500	500	1 address recorded with the Secretary of State or, if any
501	501	2 notice to that address is returned as undeliverable, to
502	502	3 the last known address recorded in a United States Post
503	503	4 Office approved database.
504	504	5 (7) Final determinations of violation liability. A
505	505	6 final determination of violation liability shall occur
506	506	7 following failure to complete the required traffic
507	507	8 education program or to pay the fine or penalty, or both,
508	508	9 after a hearing officer's determination of violation
509	509	10 liability and the exhaustion of or failure to exhaust any
510	510	11 administrative review procedures provided by ordinance.
511	511	12 Where a person fails to appear at a hearing to contest the
512	512	13 alleged violation in the time and manner specified in a
513	513	14 prior mailed notice, the hearing officer's determination
514	514	15 of violation liability shall become final: (A) upon denial
515	515	16 of a timely petition to set aside that determination, or
516	516	17 (B) upon expiration of the period for filing the petition
517	517	18 without a filing having been made.
518	518	19 (8) A petition to set aside a determination of
519	519	20 parking, standing, compliance, automated speed enforcement
520	520	21 system, or automated traffic law violation liability that
521	521	22 may be filed by a person owing an unpaid fine or penalty. A
522	522	23 petition to set aside a determination of liability may
523	523	24 also be filed by a person required to complete a traffic
524	524	25 education program. The petition shall be filed with and
525	525	26 ruled upon by the traffic compliance administrator in the
526	526
527	527
528	528
529	529
530	530
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532	532
533	533
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535	535	HB1018 - 15 - LRB103 04879 HEP 49889 b
536	536	1 manner and within the time specified by ordinance. The
537	537	2 grounds for the petition may be limited to: (A) the person
538	538	3 not having been the owner or lessee of the cited vehicle on
539	539	4 the date the violation notice was issued, (B) the person
540	540	5 having already completed the required traffic education
541	541	6 program or paid the fine or penalty, or both, for the
542	542	7 violation in question, and (C) excusable failure to appear
543	543	8 at or request a new date for a hearing. With regard to
544	544	9 municipalities or counties with a population of 1 million
545	545	10 or more, it shall be grounds for dismissal of a parking
546	546	11 violation if the state registration number or vehicle
547	547	12 make, only if specified in the violation notice, is
548	548	13 incorrect. After the determination of parking, standing,
549	549	14 compliance, automated speed enforcement system, or
550	550	15 automated traffic law violation liability has been set
551	551	16 aside upon a showing of just cause, the registered owner
552	552	17 shall be provided with a hearing on the merits for that
553	553	18 violation.
554	554	19 (9) Procedures for non-residents. Procedures by which
555	555	20 persons who are not residents of the municipality or
556	556	21 county may contest the merits of the alleged violation
557	557	22 without attending a hearing.
558	558	23 (10) A schedule of civil fines for violations of
559	559	24 vehicular standing, parking, compliance, automated speed
560	560	25 enforcement system, or automated traffic law regulations
561	561	26 enacted by ordinance pursuant to this Section, and a
562	562
563	563
564	564
565	565
566	566
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568	568
569	569
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571	571	HB1018 - 16 - LRB103 04879 HEP 49889 b
572	572	1 schedule of penalties for late payment of the fines or
573	573	2 failure to complete required traffic education programs,
574	574	3 provided, however, that the total amount of the fine and
575	575	4 penalty for any one violation shall not exceed $250,
576	576	5 except as provided in subsection (c) of Section 11-1301.3
577	577	6 of this Code.
578	578	7 (11) Other provisions as are necessary and proper to
579	579	8 carry into effect the powers granted and purposes stated
580	580	9 in this Section.
581	581	10 (c) Any municipality or county establishing vehicular
582	582	11 standing, parking, compliance, automated speed enforcement
583	583	12 system, or automated traffic law regulations under this
584	584	13 Section may also provide by ordinance for a program of vehicle
585	585	14 immobilization for the purpose of facilitating enforcement of
586	586	15 those regulations. The program of vehicle immobilization shall
587	587	16 provide for immobilizing any eligible vehicle upon the public
588	588	17 way by presence of a restraint in a manner to prevent operation
589	589	18 of the vehicle. Any ordinance establishing a program of
590	590	19 vehicle immobilization under this Section shall provide:
591	591	20 (1) Criteria for the designation of vehicles eligible
592	592	21 for immobilization. A vehicle shall be eligible for
593	593	22 immobilization when the registered owner of the vehicle
594	594	23 has accumulated the number of incomplete traffic education
595	595	24 programs or unpaid final determinations of parking,
596	596	25 standing, compliance, automated speed enforcement system,
597	597	26 or automated traffic law violation liability, or both, as
598	598
599	599
600	600
601	601
602	602
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604	604
605	605
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607	607	HB1018 - 17 - LRB103 04879 HEP 49889 b
608	608	1 determined by ordinance.
609	609	2 (2) A notice of impending vehicle immobilization and a
610	610	3 right to a hearing to challenge the validity of the notice
611	611	4 by disproving liability for the incomplete traffic
612	612	5 education programs or unpaid final determinations of
613	613	6 parking, standing, compliance, automated speed enforcement
614	614	7 system, or automated traffic law violation liability, or
615	615	8 both, listed on the notice.
616	616	9 (3) The right to a prompt hearing after a vehicle has
617	617	10 been immobilized or subsequently towed without the
618	618	11 completion of the required traffic education program or
619	619	12 payment of the outstanding fines and penalties on parking,
620	620	13 standing, compliance, automated speed enforcement system,
621	621	14 or automated traffic law violations, or both, for which
622	622	15 final determinations have been issued. An order issued
623	623	16 after the hearing is a final administrative decision
624	624	17 within the meaning of Section 3-101 of the Code of Civil
625	625	18 Procedure.
626	626	19 (4) A post immobilization and post-towing notice
627	627	20 advising the registered owner of the vehicle of the right
628	628	21 to a hearing to challenge the validity of the impoundment.
629	629	22 (d) Judicial review of final determinations of parking,
630	630	23 standing, compliance, automated speed enforcement system, or
631	631	24 automated traffic law violations and final administrative
632	632	25 decisions issued after hearings regarding vehicle
633	633	26 immobilization and impoundment made under this Section shall
634	634
635	635
636	636
637	637
638	638
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640	640
641	641
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643	643	HB1018 - 18 - LRB103 04879 HEP 49889 b
644	644	1 be subject to the provisions of the Administrative Review Law.
645	645	2 (e) Any fine, penalty, incomplete traffic education
646	646	3 program, or part of any fine or any penalty remaining unpaid
647	647	4 after the exhaustion of, or the failure to exhaust,
648	648	5 administrative remedies created under this Section and the
649	649	6 conclusion of any judicial review procedures shall be a debt
650	650	7 due and owing the municipality or county and, as such, may be
651	651	8 collected in accordance with applicable law. Completion of any
652	652	9 required traffic education program and payment in full of any
653	653	10 fine or penalty resulting from a standing, parking,
654	654	11 compliance, automated speed enforcement system, or automated
655	655	12 traffic law violation shall constitute a final disposition of
656	656	13 that violation.
657	657	14 (f) After the expiration of the period within which
658	658	15 judicial review may be sought for a final determination of
659	659	16 parking, standing, compliance, automated speed enforcement
660	660	17 system, or automated traffic law violation, the municipality
661	661	18 or county may commence a proceeding in the Circuit Court for
662	662	19 purposes of obtaining a judgment on the final determination of
663	663	20 violation. Nothing in this Section shall prevent a
664	664	21 municipality or county from consolidating multiple final
665	665	22 determinations of parking, standing, compliance, automated
666	666	23 speed enforcement system, or automated traffic law violations
667	667	24 against a person in a proceeding. Upon commencement of the
668	668	25 action, the municipality or county shall file a certified copy
669	669	26 or record of the final determination of parking, standing,
670	670
671	671
672	672
673	673
674	674
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676	676
677	677
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679	679	HB1018 - 19 - LRB103 04879 HEP 49889 b
680	680	1 compliance, automated speed enforcement system, or automated
681	681	2 traffic law violation, which shall be accompanied by a
682	682	3 certification that recites facts sufficient to show that the
683	683	4 final determination of violation was issued in accordance with
684	684	5 this Section and the applicable municipal or county ordinance.
685	685	6 Service of the summons and a copy of the petition may be by any
686	686	7 method provided by Section 2-203 of the Code of Civil
687	687	8 Procedure or by certified mail, return receipt requested,
688	688	9 provided that the total amount of fines and penalties for
689	689	10 final determinations of parking, standing, compliance,
690	690	11 automated speed enforcement system, or automated traffic law
691	691	12 violations does not exceed $2500. If the court is satisfied
692	692	13 that the final determination of parking, standing, compliance,
693	693	14 automated speed enforcement system, or automated traffic law
694	694	15 violation was entered in accordance with the requirements of
695	695	16 this Section and the applicable municipal or county ordinance,
696	696	17 and that the registered owner or the lessee, as the case may
697	697	18 be, had an opportunity for an administrative hearing and for
698	698	19 judicial review as provided in this Section, the court shall
699	699	20 render judgment in favor of the municipality or county and
700	700	21 against the registered owner or the lessee for the amount
701	701	22 indicated in the final determination of parking, standing,
702	702	23 compliance, automated speed enforcement system, or automated
703	703	24 traffic law violation, plus costs. The judgment shall have the
704	704	25 same effect and may be enforced in the same manner as other
705	705	26 judgments for the recovery of money.
706	706
707	707
708	708
709	709
710	710
711	711	HB1018 - 19 - LRB103 04879 HEP 49889 b
712	712
713	713
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715	715	HB1018 - 20 - LRB103 04879 HEP 49889 b
716	716	1 (g) The fee for participating in a traffic education
717	717	2 program under this Section shall not exceed $25.
718	718	3 A low-income individual required to complete a traffic
719	719	4 education program under this Section who provides proof of
720	720	5 eligibility for the federal earned income tax credit under
721	721	6 Section 32 of the Internal Revenue Code or the Illinois earned
722	722	7 income tax credit under Section 212 of the Illinois Income Tax
723	723	8 Act shall not be required to pay any fee for participating in a
724	724	9 required traffic education program.
725	725	10 (Source: P.A. 101-32, eff. 6-28-19; 101-623, eff. 7-1-20;
726	726	11 101-652, eff. 7-1-21; 102-558, eff. 8-20-21.)
727	727	12 (Text of Section after amendment by P.A. 102-905)
728	728	13 Sec. 11-208.3. Administrative adjudication of violations
729	729	14 of traffic regulations concerning the standing, parking, or
730	730	15 condition of vehicles, automated traffic law violations, and
731	731	16 automated speed enforcement system violations.
732	732	17 (a) Any municipality or county may provide by ordinance
733	733	18 for a system of administrative adjudication of vehicular
734	734	19 standing and parking violations and vehicle compliance
735	735	20 violations as described in this subsection, automated traffic
736	736	21 law violations as defined in Section 11-208.6, 11-208.9, or
737	737	22 11-1201.1, and automated speed enforcement system violations
738	738	23 as defined in Section 11-208.8. The administrative system
739	739	24 shall have as its purpose the fair and efficient enforcement
740	740	25 of municipal or county regulations through the administrative
741	741
742	742
743	743
744	744
745	745
746	746	HB1018 - 20 - LRB103 04879 HEP 49889 b
747	747
748	748
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750	750	HB1018 - 21 - LRB103 04879 HEP 49889 b
751	751	1 adjudication of automated speed enforcement system or
752	752	2 automated traffic law violations and violations of municipal
753	753	3 or county ordinances regulating the standing and parking of
754	754	4 vehicles, the condition and use of vehicle equipment, and the
755	755	5 display of municipal or county wheel tax licenses within the
756	756	6 municipality's or county's borders. The administrative system
757	757	7 shall only have authority to adjudicate civil offenses
758	758	8 carrying fines not in excess of $500 or requiring the
759	759	9 completion of a traffic education program, or both, that occur
760	760	10 after the effective date of the ordinance adopting such a
761	761	11 system under this Section. For purposes of this Section,
762	762	12 "compliance violation" means a violation of a municipal or
763	763	13 county regulation governing the condition or use of equipment
764	764	14 on a vehicle or governing the display of a municipal or county
765	765	15 wheel tax license.
766	766	16 (b) Any ordinance establishing a system of administrative
767	767	17 adjudication under this Section shall provide for:
768	768	18 (1) A traffic compliance administrator authorized to
769	769	19 adopt, distribute, and process parking, compliance, and
770	770	20 automated speed enforcement system or automated traffic
771	771	21 law violation notices and other notices required by this
772	772	22 Section, collect money paid as fines and penalties for
773	773	23 violation of parking and compliance ordinances and
774	774	24 automated speed enforcement system or automated traffic
775	775	25 law violations, and operate an administrative adjudication
776	776	26 system.
777	777
778	778
779	779
780	780
781	781
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783	783
784	784
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786	786	HB1018 - 22 - LRB103 04879 HEP 49889 b
787	787	1 (2) A parking, standing, compliance, automated speed
788	788	2 enforcement system, or automated traffic law violation
789	789	3 notice that shall specify or include the date, time, and
790	790	4 place of violation of a parking, standing, compliance,
791	791	5 automated speed enforcement system, or automated traffic
792	792	6 law regulation; the particular regulation violated; any
793	793	7 requirement to complete a traffic education program; the
794	794	8 fine and any penalty that may be assessed for late payment
795	795	9 or failure to complete a required traffic education
796	796	10 program, or both, when so provided by ordinance; the
797	797	11 vehicle make or a photograph of the vehicle; the state
798	798	12 registration number of the vehicle; and the identification
799	799	13 number of the person issuing the notice. With regard to
800	800	14 automated speed enforcement system or automated traffic
801	801	15 law violations, vehicle make shall be specified on the
802	802	16 automated speed enforcement system or automated traffic
803	803	17 law violation notice if the notice does not include a
804	804	18 photograph of the vehicle and the make is available and
805	805	19 readily discernible. With regard to municipalities or
806	806	20 counties with a population of 1 million or more, it shall
807	807	21 be grounds for dismissal of a parking violation if the
808	808	22 state registration number or vehicle make specified is
809	809	23 incorrect. The violation notice shall state that the
810	810	24 completion of any required traffic education program, the
811	811	25 payment of any indicated fine, and the payment of any
812	812	26 applicable penalty for late payment or failure to complete
813	813
814	814
815	815
816	816
817	817
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819	819
820	820
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822	822	HB1018 - 23 - LRB103 04879 HEP 49889 b
823	823	1 a required traffic education program, or both, shall
824	824	2 operate as a final disposition of the violation. The
825	825	3 notice also shall contain information as to the
826	826	4 availability of a hearing in which the violation may be
827	827	5 contested on its merits. The violation notice shall
828	828	6 specify the time and manner in which a hearing may be had.
829	829	7 (3) Service of a parking, standing, or compliance
830	830	8 violation notice by: (i) affixing the original or a
831	831	9 facsimile of the notice to an unlawfully parked or
832	832	10 standing vehicle; (ii) handing the notice to the operator
833	833	11 of a vehicle if he or she is present; or (iii) mailing the
834	834	12 notice to the address of the registered owner or lessee of
835	835	13 the cited vehicle as recorded with the Secretary of State
836	836	14 or the lessor of the motor vehicle within 30 days after the
837	837	15 Secretary of State or the lessor of the motor vehicle
838	838	16 notifies the municipality or county of the identity of the
839	839	17 owner or lessee of the vehicle, but not later than 90 days
840	840	18 after the date of the violation, except that in the case of
841	841	19 a lessee of a motor vehicle, service of a parking,
842	842	20 standing, or compliance violation notice may occur no
843	843	21 later than 210 days after the violation; and service of an
844	844	22 automated speed enforcement system or automated traffic
845	845	23 law violation notice by mail to the address of the
846	846	24 registered owner or lessee of the cited vehicle as
847	847	25 recorded with the Secretary of State or the lessor of the
848	848	26 motor vehicle within 30 days after the Secretary of State
849	849
850	850
851	851
852	852
853	853
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855	855
856	856
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858	858	HB1018 - 24 - LRB103 04879 HEP 49889 b
859	859	1 or the lessor of the motor vehicle notifies the
860	860	2 municipality or county of the identity of the owner or
861	861	3 lessee of the vehicle, but not later than 90 days after the
862	862	4 violation, except that in the case of a lessee of a motor
863	863	5 vehicle, service of an automated traffic law violation
864	864	6 notice may occur no later than 210 days after the
865	865	7 violation. A person authorized by ordinance to issue and
866	866	8 serve parking, standing, and compliance violation notices
867	867	9 shall certify as to the correctness of the facts entered
868	868	10 on the violation notice by signing his or her name to the
869	869	11 notice at the time of service or, in the case of a notice
870	870	12 produced by a computerized device, by signing a single
871	871	13 certificate to be kept by the traffic compliance
872	872	14 administrator attesting to the correctness of all notices
873	873	15 produced by the device while it was under his or her
874	874	16 control. In the case of an automated traffic law
875	875	17 violation, the ordinance shall require a determination by
876	876	18 a technician employed or contracted by the municipality or
877	877	19 county that, based on inspection of recorded images, the
878	878	20 motor vehicle was being operated in violation of Section
879	879	21 11-208.6, 11-208.9, or 11-1201.1 or a local ordinance. If
880	880	22 the technician determines that the vehicle entered the
881	881	23 intersection as part of a funeral procession or in order
882	882	24 to yield the right-of-way to an emergency vehicle, a
883	883	25 citation shall not be issued. In municipalities with a
884	884	26 population of less than 1,000,000 inhabitants and counties
885	885
886	886
887	887
888	888
889	889
890	890	HB1018 - 24 - LRB103 04879 HEP 49889 b
891	891
892	892
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894	894	HB1018 - 25 - LRB103 04879 HEP 49889 b
895	895	1 with a population of less than 3,000,000 inhabitants, the
896	896	2 automated traffic law ordinance shall require that all
897	897	3 determinations by a technician that a motor vehicle was
898	898	4 being operated in violation of Section 11-208.6, 11-208.9,
899	899	5 or 11-1201.1 or a local ordinance must be reviewed and
900	900	6 approved by a law enforcement officer or retired law
901	901	7 enforcement officer of the municipality or county issuing
902	902	8 the violation. In municipalities with a population of
903	903	9 1,000,000 or more inhabitants and counties with a
904	904	10 population of 3,000,000 or more inhabitants, the automated
905	905	11 traffic law ordinance shall require that all
906	906	12 determinations by a technician that a motor vehicle was
907	907	13 being operated in violation of Section 11-208.6, 11-208.9,
908	908	14 or 11-1201.1 or a local ordinance must be reviewed and
909	909	15 approved by a law enforcement officer or retired law
910	910	16 enforcement officer of the municipality or county issuing
911	911	17 the violation or by an additional fully trained reviewing
912	912	18 technician who is not employed by the contractor who
913	913	19 employs the technician who made the initial determination.
914	914	20 In the case of an automated speed enforcement system
915	915	21 violation, the ordinance shall require a determination by
916	916	22 a technician employed by the municipality, based upon an
917	917	23 inspection of recorded images, video or other
918	918	24 documentation, including documentation of the speed limit
919	919	25 and automated speed enforcement signage, and documentation
920	920	26 of the inspection, calibration, and certification of the
921	921
922	922
923	923
924	924
925	925
926	926	HB1018 - 25 - LRB103 04879 HEP 49889 b
927	927
928	928
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930	930	HB1018 - 26 - LRB103 04879 HEP 49889 b
931	931	1 speed equipment, that the vehicle was being operated in
932	932	2 violation of Article VI of Chapter 11 of this Code or a
933	933	3 similar local ordinance. If the technician determines that
934	934	4 the vehicle speed was not determined by a calibrated,
935	935	5 certified speed equipment device based upon the speed
936	936	6 equipment documentation, or if the vehicle was an
937	937	7 emergency vehicle, a citation may not be issued. The
938	938	8 automated speed enforcement ordinance shall require that
939	939	9 all determinations by a technician that a violation
940	940	10 occurred be reviewed and approved by a law enforcement
941	941	11 officer or retired law enforcement officer of the
942	942	12 municipality issuing the violation or by an additional
943	943	13 fully trained reviewing technician who is not employed by
944	944	14 the contractor who employs the technician who made the
945	945	15 initial determination. Routine and independent calibration
946	946	16 of the speeds produced by automated speed enforcement
947	947	17 systems and equipment shall be conducted annually by a
948	948	18 qualified technician. Speeds produced by an automated
949	949	19 speed enforcement system shall be compared with speeds
950	950	20 produced by lidar or other independent equipment. Radar or
951	951	21 lidar equipment shall undergo an internal validation test
952	952	22 no less frequently than once each week. Qualified
953	953	23 technicians shall test loop-based equipment no less
954	954	24 frequently than once a year. Radar equipment shall be
955	955	25 checked for accuracy by a qualified technician when the
956	956	26 unit is serviced, when unusual or suspect readings
957	957
958	958
959	959
960	960
961	961
962	962	HB1018 - 26 - LRB103 04879 HEP 49889 b
963	963
964	964
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966	966	HB1018 - 27 - LRB103 04879 HEP 49889 b
967	967	1 persist, or when deemed necessary by a reviewing
968	968	2 technician. Radar equipment shall be checked with the
969	969	3 internal frequency generator and the internal circuit test
970	970	4 whenever the radar is turned on. Technicians must be alert
971	971	5 for any unusual or suspect readings, and if unusual or
972	972	6 suspect readings of a radar unit persist, that unit shall
973	973	7 immediately be removed from service and not returned to
974	974	8 service until it has been checked by a qualified
975	975	9 technician and determined to be functioning properly.
976	976	10 Documentation of the annual calibration results, including
977	977	11 the equipment tested, test date, technician performing the
978	978	12 test, and test results, shall be maintained and available
979	979	13 for use in the determination of an automated speed
980	980	14 enforcement system violation and issuance of a citation.
981	981	15 The technician performing the calibration and testing of
982	982	16 the automated speed enforcement equipment shall be trained
983	983	17 and certified in the use of equipment for speed
984	984	18 enforcement purposes. Training on the speed enforcement
985	985	19 equipment may be conducted by law enforcement, civilian,
986	986	20 or manufacturer's personnel and if applicable may be
987	987	21 equivalent to the equipment use and operations training
988	988	22 included in the Speed Measuring Device Operator Program
989	989	23 developed by the National Highway Traffic Safety
990	990	24 Administration (NHTSA). The vendor or technician who
991	991	25 performs the work shall keep accurate records on each
992	992	26 piece of equipment the technician calibrates and tests. As
993	993
994	994
995	995
996	996
997	997
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999	999
1000	1000
1001	1001	HB1018- 28 -LRB103 04879 HEP 49889 b HB1018 - 28 - LRB103 04879 HEP 49889 b
1002	1002	HB1018 - 28 - LRB103 04879 HEP 49889 b
1003	1003	1 used in this paragraph, "fully trained reviewing
1004	1004	2 technician" means a person who has received at least 40
1005	1005	3 hours of supervised training in subjects which shall
1006	1006	4 include image inspection and interpretation, the elements
1007	1007	5 necessary to prove a violation, license plate
1008	1008	6 identification, and traffic safety and management. In all
1009	1009	7 municipalities and counties, the automated speed
1010	1010	8 enforcement system or automated traffic law ordinance
1011	1011	9 shall require that no additional fee shall be charged to
1012	1012	10 the alleged violator for exercising his or her right to an
1013	1013	11 administrative hearing, and persons shall be given at
1014	1014	12 least 25 days following an administrative hearing to pay
1015	1015	13 any civil penalty imposed by a finding that Section
1016	1016	14 11-208.6, 11-208.8, 11-208.9, or 11-1201.1 or a similar
1017	1017	15 local ordinance has been violated. The original or a
1018	1018	16 facsimile of the violation notice or, in the case of a
1019	1019	17 notice produced by a computerized device, a printed record
1020	1020	18 generated by the device showing the facts entered on the
1021	1021	19 notice, shall be retained by the traffic compliance
1022	1022	20 administrator, and shall be a record kept in the ordinary
1023	1023	21 course of business. A parking, standing, compliance,
1024	1024	22 automated speed enforcement system, or automated traffic
1025	1025	23 law violation notice issued, signed, and served in
1026	1026	24 accordance with this Section, a copy of the notice, or the
1027	1027	25 computer-generated record shall be prima facie correct and
1028	1028	26 shall be prima facie evidence of the correctness of the
1029	1029
1030	1030
1031	1031
1032	1032
1033	1033
1034	1034	HB1018 - 28 - LRB103 04879 HEP 49889 b
1035	1035
1036	1036
1037	1037	HB1018- 29 -LRB103 04879 HEP 49889 b HB1018 - 29 - LRB103 04879 HEP 49889 b
1038	1038	HB1018 - 29 - LRB103 04879 HEP 49889 b
1039	1039	1 facts shown on the notice. The notice, copy, or
1040	1040	2 computer-generated record shall be admissible in any
1041	1041	3 subsequent administrative or legal proceedings.
1042	1042	4 (4) An opportunity for a hearing for the registered
1043	1043	5 owner of the vehicle cited in the parking, standing,
1044	1044	6 compliance, automated speed enforcement system, or
1045	1045	7 automated traffic law violation notice in which the owner
1046	1046	8 may contest the merits of the alleged violation, and
1047	1047	9 during which formal or technical rules of evidence shall
1048	1048	10 not apply; provided, however, that under Section 11-1306
1049	1049	11 of this Code the lessee of a vehicle cited in the violation
1050	1050	12 notice likewise shall be provided an opportunity for a
1051	1051	13 hearing of the same kind afforded the registered owner.
1052	1052	14 The hearings shall be recorded, and the person conducting
1053	1053	15 the hearing on behalf of the traffic compliance
1054	1054	16 administrator shall be empowered to administer oaths and
1055	1055	17 to secure by subpoena both the attendance and testimony of
1056	1056	18 witnesses and the production of relevant books and papers.
1057	1057	19 Persons appearing at a hearing under this Section may be
1058	1058	20 represented by counsel at their expense. The ordinance may
1059	1059	21 also provide for internal administrative review following
1060	1060	22 the decision of the hearing officer.
1061	1061	23 (5) Service of additional notices, sent by first class
1062	1062	24 United States mail, postage prepaid, to the address of the
1063	1063	25 registered owner of the cited vehicle as recorded with the
1064	1064	26 Secretary of State or, if any notice to that address is
1065	1065
1066	1066
1067	1067
1068	1068
1069	1069
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1071	1071
1072	1072
1073	1073	HB1018- 30 -LRB103 04879 HEP 49889 b HB1018 - 30 - LRB103 04879 HEP 49889 b
1074	1074	HB1018 - 30 - LRB103 04879 HEP 49889 b
1075	1075	1 returned as undeliverable, to the last known address
1076	1076	2 recorded in a United States Post Office approved database,
1077	1077	3 or, under Section 11-1306 or subsection (p) of Section
1078	1078	4 11-208.6 or 11-208.9, or subsection (p) of Section
1079	1079	5 11-208.8 of this Code, to the lessee of the cited vehicle
1080	1080	6 at the last address known to the lessor of the cited
1081	1081	7 vehicle at the time of lease or, if any notice to that
1082	1082	8 address is returned as undeliverable, to the last known
1083	1083	9 address recorded in a United States Post Office approved
1084	1084	10 database. The service shall be deemed complete as of the
1085	1085	11 date of deposit in the United States mail. The notices
1086	1086	12 shall be in the following sequence and shall include, but
1087	1087	13 not be limited to, the information specified herein:
1088	1088	14 (i) A second notice of parking, standing, or
1089	1089	15 compliance violation if the first notice of the
1090	1090	16 violation was issued by affixing the original or a
1091	1091	17 facsimile of the notice to the unlawfully parked
1092	1092	18 vehicle or by handing the notice to the operator. This
1093	1093	19 notice shall specify or include the date and location
1094	1094	20 of the violation cited in the parking, standing, or
1095	1095	21 compliance violation notice, the particular regulation
1096	1096	22 violated, the vehicle make or a photograph of the
1097	1097	23 vehicle, the state registration number of the vehicle,
1098	1098	24 any requirement to complete a traffic education
1099	1099	25 program, the fine and any penalty that may be assessed
1100	1100	26 for late payment or failure to complete a traffic
1101	1101
1102	1102
1103	1103
1104	1104
1105	1105
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1107	1107
1108	1108
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1110	1110	HB1018 - 31 - LRB103 04879 HEP 49889 b
1111	1111	1 education program, or both, when so provided by
1112	1112	2 ordinance, the availability of a hearing in which the
1113	1113	3 violation may be contested on its merits, and the time
1114	1114	4 and manner in which the hearing may be had. The notice
1115	1115	5 of violation shall also state that failure to complete
1116	1116	6 a required traffic education program, to pay the
1117	1117	7 indicated fine and any applicable penalty, or to
1118	1118	8 appear at a hearing on the merits in the time and
1119	1119	9 manner specified, will result in a final determination
1120	1120	10 of violation liability for the cited violation in the
1121	1121	11 amount of the fine or penalty indicated, and that,
1122	1122	12 upon the occurrence of a final determination of
1123	1123	13 violation liability for the failure, and the
1124	1124	14 exhaustion of, or failure to exhaust, available
1125	1125	15 administrative or judicial procedures for review, any
1126	1126	16 incomplete traffic education program or any unpaid
1127	1127	17 fine or penalty, or both, will constitute a debt due
1128	1128	18 and owing the municipality or county.
1129	1129	19 (ii) A notice of final determination of parking,
1130	1130	20 standing, compliance, automated speed enforcement
1131	1131	21 system, or automated traffic law violation liability.
1132	1132	22 This notice shall be sent following a final
1133	1133	23 determination of parking, standing, compliance,
1134	1134	24 automated speed enforcement system, or automated
1135	1135	25 traffic law violation liability and the conclusion of
1136	1136	26 judicial review procedures taken under this Section.
1137	1137
1138	1138
1139	1139
1140	1140
1141	1141
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1143	1143
1144	1144
1145	1145	HB1018- 32 -LRB103 04879 HEP 49889 b HB1018 - 32 - LRB103 04879 HEP 49889 b
1146	1146	HB1018 - 32 - LRB103 04879 HEP 49889 b
1147	1147	1 The notice shall state that the incomplete traffic
1148	1148	2 education program or the unpaid fine or penalty, or
1149	1149	3 both, is a debt due and owing the municipality or
1150	1150	4 county. The notice shall contain warnings that failure
1151	1151	5 to complete any required traffic education program or
1152	1152	6 to pay any fine or penalty due and owing the
1153	1153	7 municipality or county, or both, within the time
1154	1154	8 specified may result in the municipality's or county's
1155	1155	9 filing of a petition in the Circuit Court to have the
1156	1156	10 incomplete traffic education program or unpaid fine or
1157	1157	11 penalty, or both, rendered a judgment as provided by
1158	1158	12 this Section, or, where applicable, may result in
1159	1159	13 suspension of the person's driver's license for
1160	1160	14 failure to complete a traffic education program.
1161	1161	15 (6) A notice of impending driver's license suspension.
1162	1162	16 This notice shall be sent to the person liable for failure
1163	1163	17 to complete a required traffic education program. The
1164	1164	18 notice shall state that failure to complete a required
1165	1165	19 traffic education program within 45 days of the notice's
1166	1166	20 date will result in the municipality or county notifying
1167	1167	21 the Secretary of State that the person is eligible for
1168	1168	22 initiation of suspension proceedings under Section 6-306.5
1169	1169	23 of this Code. The notice shall also state that the person
1170	1170	24 may obtain a photostatic copy of an original ticket
1171	1171	25 imposing a fine or penalty by sending a self-addressed,
1172	1172	26 stamped envelope to the municipality or county along with
1173	1173
1174	1174
1175	1175
1176	1176
1177	1177
1178	1178	HB1018 - 32 - LRB103 04879 HEP 49889 b
1179	1179
1180	1180
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1182	1182	HB1018 - 33 - LRB103 04879 HEP 49889 b
1183	1183	1 a request for the photostatic copy. The notice of
1184	1184	2 impending driver's license suspension shall be sent by
1185	1185	3 first class United States mail, postage prepaid, to the
1186	1186	4 address recorded with the Secretary of State or, if any
1187	1187	5 notice to that address is returned as undeliverable, to
1188	1188	6 the last known address recorded in a United States Post
1189	1189	7 Office approved database.
1190	1190	8 (7) Final determinations of violation liability. A
1191	1191	9 final determination of violation liability shall occur
1192	1192	10 following failure to complete the required traffic
1193	1193	11 education program or to pay the fine or penalty, or both,
1194	1194	12 after a hearing officer's determination of violation
1195	1195	13 liability and the exhaustion of or failure to exhaust any
1196	1196	14 administrative review procedures provided by ordinance.
1197	1197	15 Where a person fails to appear at a hearing to contest the
1198	1198	16 alleged violation in the time and manner specified in a
1199	1199	17 prior mailed notice, the hearing officer's determination
1200	1200	18 of violation liability shall become final: (A) upon denial
1201	1201	19 of a timely petition to set aside that determination, or
1202	1202	20 (B) upon expiration of the period for filing the petition
1203	1203	21 without a filing having been made.
1204	1204	22 (8) A petition to set aside a determination of
1205	1205	23 parking, standing, compliance, automated speed enforcement
1206	1206	24 system, or automated traffic law violation liability that
1207	1207	25 may be filed by a person owing an unpaid fine or penalty. A
1208	1208	26 petition to set aside a determination of liability may
1209	1209
1210	1210
1211	1211
1212	1212
1213	1213
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1215	1215
1216	1216
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1218	1218	HB1018 - 34 - LRB103 04879 HEP 49889 b
1219	1219	1 also be filed by a person required to complete a traffic
1220	1220	2 education program. The petition shall be filed with and
1221	1221	3 ruled upon by the traffic compliance administrator in the
1222	1222	4 manner and within the time specified by ordinance. The
1223	1223	5 grounds for the petition may be limited to: (A) the person
1224	1224	6 not having been the owner or lessee of the cited vehicle on
1225	1225	7 the date the violation notice was issued, (B) the person
1226	1226	8 having already completed the required traffic education
1227	1227	9 program or paid the fine or penalty, or both, for the
1228	1228	10 violation in question, and (C) excusable failure to appear
1229	1229	11 at or request a new date for a hearing. With regard to
1230	1230	12 municipalities or counties with a population of 1 million
1231	1231	13 or more, it shall be grounds for dismissal of a parking
1232	1232	14 violation if the state registration number or vehicle
1233	1233	15 make, only if specified in the violation notice, is
1234	1234	16 incorrect. After the determination of parking, standing,
1235	1235	17 compliance, automated speed enforcement system, or
1236	1236	18 automated traffic law violation liability has been set
1237	1237	19 aside upon a showing of just cause, the registered owner
1238	1238	20 shall be provided with a hearing on the merits for that
1239	1239	21 violation.
1240	1240	22 (9) Procedures for non-residents. Procedures by which
1241	1241	23 persons who are not residents of the municipality or
1242	1242	24 county may contest the merits of the alleged violation
1243	1243	25 without attending a hearing.
1244	1244	26 (10) A schedule of civil fines for violations of
1245	1245
1246	1246
1247	1247
1248	1248
1249	1249
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1251	1251
1252	1252
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1254	1254	HB1018 - 35 - LRB103 04879 HEP 49889 b
1255	1255	1 vehicular standing, parking, compliance, automated speed
1256	1256	2 enforcement system, or automated traffic law regulations
1257	1257	3 enacted by ordinance pursuant to this Section, and a
1258	1258	4 schedule of penalties for late payment of the fines or
1259	1259	5 failure to complete required traffic education programs,
1260	1260	6 provided, however, that the total amount of the fine and
1261	1261	7 penalty for any one violation shall not exceed $250,
1262	1262	8 except as provided in subsection (c) of Section 11-1301.3
1263	1263	9 of this Code.
1264	1264	10 (11) Other provisions as are necessary and proper to
1265	1265	11 carry into effect the powers granted and purposes stated
1266	1266	12 in this Section.
1267	1267	13 (c) Any municipality or county establishing vehicular
1268	1268	14 standing, parking, compliance, automated speed enforcement
1269	1269	15 system, or automated traffic law regulations under this
1270	1270	16 Section may also provide by ordinance for a program of vehicle
1271	1271	17 immobilization for the purpose of facilitating enforcement of
1272	1272	18 those regulations. The program of vehicle immobilization shall
1273	1273	19 provide for immobilizing any eligible vehicle upon the public
1274	1274	20 way by presence of a restraint in a manner to prevent operation
1275	1275	21 of the vehicle. Any ordinance establishing a program of
1276	1276	22 vehicle immobilization under this Section shall provide:
1277	1277	23 (1) Criteria for the designation of vehicles eligible
1278	1278	24 for immobilization. A vehicle shall be eligible for
1279	1279	25 immobilization when the registered owner of the vehicle
1280	1280	26 has accumulated the number of incomplete traffic education
1281	1281
1282	1282
1283	1283
1284	1284
1285	1285
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1287	1287
1288	1288
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1290	1290	HB1018 - 36 - LRB103 04879 HEP 49889 b
1291	1291	1 programs or unpaid final determinations of parking,
1292	1292	2 standing, compliance, automated speed enforcement system,
1293	1293	3 or automated traffic law violation liability, or both, as
1294	1294	4 determined by ordinance.
1295	1295	5 (2) A notice of impending vehicle immobilization and a
1296	1296	6 right to a hearing to challenge the validity of the notice
1297	1297	7 by disproving liability for the incomplete traffic
1298	1298	8 education programs or unpaid final determinations of
1299	1299	9 parking, standing, compliance, automated speed enforcement
1300	1300	10 system, or automated traffic law violation liability, or
1301	1301	11 both, listed on the notice.
1302	1302	12 (3) The right to a prompt hearing after a vehicle has
1303	1303	13 been immobilized or subsequently towed without the
1304	1304	14 completion of the required traffic education program or
1305	1305	15 payment of the outstanding fines and penalties on parking,
1306	1306	16 standing, compliance, automated speed enforcement system,
1307	1307	17 or automated traffic law violations, or both, for which
1308	1308	18 final determinations have been issued. An order issued
1309	1309	19 after the hearing is a final administrative decision
1310	1310	20 within the meaning of Section 3-101 of the Code of Civil
1311	1311	21 Procedure.
1312	1312	22 (4) A post immobilization and post-towing notice
1313	1313	23 advising the registered owner of the vehicle of the right
1314	1314	24 to a hearing to challenge the validity of the impoundment.
1315	1315	25 (d) Judicial review of final determinations of parking,
1316	1316	26 standing, compliance, automated speed enforcement system, or
1317	1317
1318	1318
1319	1319
1320	1320
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1327	1327	1 automated traffic law violations and final administrative
1328	1328	2 decisions issued after hearings regarding vehicle
1329	1329	3 immobilization and impoundment made under this Section shall
1330	1330	4 be subject to the provisions of the Administrative Review Law.
1331	1331	5 (e) Any fine, penalty, incomplete traffic education
1332	1332	6 program, or part of any fine or any penalty remaining unpaid
1333	1333	7 after the exhaustion of, or the failure to exhaust,
1334	1334	8 administrative remedies created under this Section and the
1335	1335	9 conclusion of any judicial review procedures shall be a debt
1336	1336	10 due and owing the municipality or county and, as such, may be
1337	1337	11 collected in accordance with applicable law. Completion of any
1338	1338	12 required traffic education program and payment in full of any
1339	1339	13 fine or penalty resulting from a standing, parking,
1340	1340	14 compliance, automated speed enforcement system, or automated
1341	1341	15 traffic law violation shall constitute a final disposition of
1342	1342	16 that violation.
1343	1343	17 (f) After the expiration of the period within which
1344	1344	18 judicial review may be sought for a final determination of
1345	1345	19 parking, standing, compliance, automated speed enforcement
1346	1346	20 system, or automated traffic law violation, the municipality
1347	1347	21 or county may commence a proceeding in the Circuit Court for
1348	1348	22 purposes of obtaining a judgment on the final determination of
1349	1349	23 violation. Nothing in this Section shall prevent a
1350	1350	24 municipality or county from consolidating multiple final
1351	1351	25 determinations of parking, standing, compliance, automated
1352	1352	26 speed enforcement system, or automated traffic law violations
1353	1353
1354	1354
1355	1355
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1363	1363	1 against a person in a proceeding. Upon commencement of the
1364	1364	2 action, the municipality or county shall file a certified copy
1365	1365	3 or record of the final determination of parking, standing,
1366	1366	4 compliance, automated speed enforcement system, or automated
1367	1367	5 traffic law violation, which shall be accompanied by a
1368	1368	6 certification that recites facts sufficient to show that the
1369	1369	7 final determination of violation was issued in accordance with
1370	1370	8 this Section and the applicable municipal or county ordinance.
1371	1371	9 Service of the summons and a copy of the petition may be by any
1372	1372	10 method provided by Section 2-203 of the Code of Civil
1373	1373	11 Procedure or by certified mail, return receipt requested,
1374	1374	12 provided that the total amount of fines and penalties for
1375	1375	13 final determinations of parking, standing, compliance,
1376	1376	14 automated speed enforcement system, or automated traffic law
1377	1377	15 violations does not exceed $2500. If the court is satisfied
1378	1378	16 that the final determination of parking, standing, compliance,
1379	1379	17 automated speed enforcement system, or automated traffic law
1380	1380	18 violation was entered in accordance with the requirements of
1381	1381	19 this Section and the applicable municipal or county ordinance,
1382	1382	20 and that the registered owner or the lessee, as the case may
1383	1383	21 be, had an opportunity for an administrative hearing and for
1384	1384	22 judicial review as provided in this Section, the court shall
1385	1385	23 render judgment in favor of the municipality or county and
1386	1386	24 against the registered owner or the lessee for the amount
1387	1387	25 indicated in the final determination of parking, standing,
1388	1388	26 compliance, automated speed enforcement system, or automated
1389	1389
1390	1390
1391	1391
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1399	1399	1 traffic law violation, plus costs. The judgment shall have the
1400	1400	2 same effect and may be enforced in the same manner as other
1401	1401	3 judgments for the recovery of money.
1402	1402	4 (g) The fee for participating in a traffic education
1403	1403	5 program under this Section shall not exceed $25.
1404	1404	6 A low-income individual required to complete a traffic
1405	1405	7 education program under this Section who provides proof of
1406	1406	8 eligibility for the federal earned income tax credit under
1407	1407	9 Section 32 of the Internal Revenue Code or the Illinois earned
1408	1408	10 income tax credit under Section 212 of the Illinois Income Tax
1409	1409	11 Act shall not be required to pay any fee for participating in a
1410	1410	12 required traffic education program.
1411	1411	13 (h) Notwithstanding any other provision of law to the
1412	1412	14 contrary, a person shall not be liable for violations, fees,
1413	1413	15 fines, or penalties under this Section during the period in
1414	1414	16 which the motor vehicle was stolen or hijacked, as indicated
1415	1415	17 in a report to the appropriate law enforcement agency filed in
1416	1416	18 a timely manner.
1417	1417	19 (Source: P.A. 101-32, eff. 6-28-19; 101-623, eff. 7-1-20;
1418	1418	20 101-652, eff. 7-1-21; 102-558, eff. 8-20-21; 102-905, eff.
1419	1419	21 1-1-23.)
1420	1420	22 Section 95. No acceleration or delay. Where this Act makes
1421	1421	23 changes in a statute that is represented in this Act by text
1422	1422	24 that is not yet or no longer in effect (for example, a Section
1423	1423	25 represented by multiple versions), the use of that text does
1424	1424
1425	1425
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1430	1430
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1434	1434	1 not accelerate or delay the taking effect of (i) the changes
1435	1435	2 made by this Act or (ii) provisions derived from any other
1436	1436	3 Public Act.
1437	1437
1438	1438
1439	1439
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