100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5236

 

Introduced , by Rep. Peter Breen

 

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 the filing fee for judicial review of a final determination of an automated traffic law violation shall be no more than $20.


LRB100 18599 LNS 33823 b

 

 

A BILL FOR

 

HB5236LRB100 18599 LNS 33823 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Section 11-208.3 as follows:
 
6    (625 ILCS 5/11-208.3)  (from Ch. 95 1/2, par. 11-208.3)
7    Sec. 11-208.3. Administrative adjudication of violations
8of traffic regulations concerning the standing, parking, or
9condition of vehicles, automated traffic law violations, and
10automated speed enforcement system violations.
11    (a) Any municipality or county may provide by ordinance for
12a system of administrative adjudication of vehicular standing
13and parking violations and vehicle compliance violations as
14described in this subsection, automated traffic law violations
15as defined in Section 11-208.6, 11-208.9, or 11-1201.1, and
16automated speed enforcement system violations as defined in
17Section 11-208.8. The administrative system shall have as its
18purpose the fair and efficient enforcement of municipal or
19county regulations through the administrative adjudication of
20automated speed enforcement system or automated traffic law
21violations and violations of municipal or county ordinances
22regulating the standing and parking of vehicles, the condition
23and use of vehicle equipment, and the display of municipal or

 

 

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1county wheel tax licenses within the municipality's or county's
2borders. The administrative system shall only have authority to
3adjudicate civil offenses carrying fines not in excess of $500
4or requiring the completion of a traffic education program, or
5both, that occur after the effective date of the ordinance
6adopting such a system under this Section. For purposes of this
7Section, "compliance violation" means a violation of a
8municipal or county regulation governing the condition or use
9of equipment on a vehicle or governing the display of a
10municipal or county wheel tax license.
11    (b) Any ordinance establishing a system of administrative
12adjudication under this Section shall provide for:
13        (1) A traffic compliance administrator authorized to
14    adopt, distribute and process parking, compliance, and
15    automated speed enforcement system or automated traffic
16    law violation notices and other notices required by this
17    Section, collect money paid as fines and penalties for
18    violation of parking and compliance ordinances and
19    automated speed enforcement system or automated traffic
20    law violations, and operate an administrative adjudication
21    system. The traffic compliance administrator also may make
22    a certified report to the Secretary of State under Section
23    6-306.5.
24        (2) A parking, standing, compliance, automated speed
25    enforcement system, or automated traffic law violation
26    notice that shall specify the date, time, and place of

 

 

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1    violation of a parking, standing, compliance, automated
2    speed enforcement system, or automated traffic law
3    regulation; the particular regulation violated; any
4    requirement to complete a traffic education program; the
5    fine and any penalty that may be assessed for late payment
6    or failure to complete a required traffic education
7    program, or both, when so provided by ordinance; the
8    vehicle make and state registration number; and the
9    identification number of the person issuing the notice.
10    With regard to automated speed enforcement system or
11    automated traffic law violations, vehicle make shall be
12    specified on the automated speed enforcement system or
13    automated traffic law violation notice if the make is
14    available and readily discernible. With regard to
15    municipalities or counties with a population of 1 million
16    or more, it shall be grounds for dismissal of a parking
17    violation if the state registration number or vehicle make
18    specified is incorrect. The violation notice shall state
19    that the completion of any required traffic education
20    program, the payment of any indicated fine, and the payment
21    of any applicable penalty for late payment or failure to
22    complete a required traffic education program, or both,
23    shall operate as a final disposition of the violation. The
24    notice also shall contain information as to the
25    availability of a hearing in which the violation may be
26    contested on its merits. The violation notice shall specify

 

 

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1    the time and manner in which a hearing may be had.
2        (3) Service of the parking, standing, or compliance
3    violation notice by affixing the original or a facsimile of
4    the notice to an unlawfully parked vehicle or by handing
5    the notice to the operator of a vehicle if he or she is
6    present and service of an automated speed enforcement
7    system or automated traffic law violation notice by mail to
8    the address of the registered owner or lessee of the cited
9    vehicle as recorded with the Secretary of State or the
10    lessor of the motor vehicle within 30 days after the
11    Secretary of State or the lessor of the motor vehicle
12    notifies the municipality or county of the identity of the
13    owner or lessee of the vehicle, but not later than 90 days
14    after the violation, except that in the case of a lessee of
15    a motor vehicle, service of an automated traffic law
16    violation notice may occur no later than 210 days after the
17    violation. A person authorized by ordinance to issue and
18    serve parking, standing, and compliance violation notices
19    shall certify as to the correctness of the facts entered on
20    the violation notice by signing his or her name to the
21    notice at the time of service or in the case of a notice
22    produced by a computerized device, by signing a single
23    certificate to be kept by the traffic compliance
24    administrator attesting to the correctness of all notices
25    produced by the device while it was under his or her
26    control. In the case of an automated traffic law violation,

 

 

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1    the ordinance shall require a determination by a technician
2    employed or contracted by the municipality or county that,
3    based on inspection of recorded images, the motor vehicle
4    was being operated in violation of Section 11-208.6,
5    11-208.9, or 11-1201.1 or a local ordinance. If the
6    technician determines that the vehicle entered the
7    intersection as part of a funeral procession or in order to
8    yield the right-of-way to an emergency vehicle, a citation
9    shall not be issued. In municipalities with a population of
10    less than 1,000,000 inhabitants and counties with a
11    population of less than 3,000,000 inhabitants, the
12    automated traffic law ordinance shall require that all
13    determinations by a technician that a motor vehicle was
14    being operated in violation of Section 11-208.6, 11-208.9,
15    or 11-1201.1 or a local ordinance must be reviewed and
16    approved by a law enforcement officer or retired law
17    enforcement officer of the municipality or county issuing
18    the violation. In municipalities with a population of
19    1,000,000 or more inhabitants and counties with a
20    population of 3,000,000 or more inhabitants, the automated
21    traffic law ordinance shall require that all
22    determinations by a technician that a motor vehicle was
23    being operated in violation of Section 11-208.6, 11-208.9,
24    or 11-1201.1 or a local ordinance must be reviewed and
25    approved by a law enforcement officer or retired law
26    enforcement officer of the municipality or county issuing

 

 

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1    the violation or by an additional fully-trained reviewing
2    technician who is not employed by the contractor who
3    employs the technician who made the initial determination.
4    In the case of an automated speed enforcement system
5    violation, the ordinance shall require a determination by a
6    technician employed by the municipality, based upon an
7    inspection of recorded images, video or other
8    documentation, including documentation of the speed limit
9    and automated speed enforcement signage, and documentation
10    of the inspection, calibration, and certification of the
11    speed equipment, that the vehicle was being operated in
12    violation of Article VI of Chapter 11 of this Code or a
13    similar local ordinance. If the technician determines that
14    the vehicle speed was not determined by a calibrated,
15    certified speed equipment device based upon the speed
16    equipment documentation, or if the vehicle was an emergency
17    vehicle, a citation may not be issued. The automated speed
18    enforcement ordinance shall require that all
19    determinations by a technician that a violation occurred be
20    reviewed and approved by a law enforcement officer or
21    retired law enforcement officer of the municipality
22    issuing the violation or by an additional fully trained
23    reviewing technician who is not employed by the contractor
24    who employs the technician who made the initial
25    determination. Routine and independent calibration of the
26    speeds produced by automated speed enforcement systems and

 

 

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1    equipment shall be conducted annually by a qualified
2    technician. Speeds produced by an automated speed
3    enforcement system shall be compared with speeds produced
4    by lidar or other independent equipment. Radar or lidar
5    equipment shall undergo an internal validation test no less
6    frequently than once each week. Qualified technicians
7    shall test loop based equipment no less frequently than
8    once a year. Radar equipment shall be checked for accuracy
9    by a qualified technician when the unit is serviced, when
10    unusual or suspect readings persist, or when deemed
11    necessary by a reviewing technician. Radar equipment shall
12    be checked with the internal frequency generator and the
13    internal circuit test whenever the radar is turned on.
14    Technicians must be alert for any unusual or suspect
15    readings, and if unusual or suspect readings of a radar
16    unit persist, that unit shall immediately be removed from
17    service and not returned to service until it has been
18    checked by a qualified technician and determined to be
19    functioning properly. Documentation of the annual
20    calibration results, including the equipment tested, test
21    date, technician performing the test, and test results,
22    shall be maintained and available for use in the
23    determination of an automated speed enforcement system
24    violation and issuance of a citation. The technician
25    performing the calibration and testing of the automated
26    speed enforcement equipment shall be trained and certified

 

 

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1    in the use of equipment for speed enforcement purposes.
2    Training on the speed enforcement equipment may be
3    conducted by law enforcement, civilian, or manufacturer's
4    personnel and if applicable may be equivalent to the
5    equipment use and operations training included in the Speed
6    Measuring Device Operator Program developed by the
7    National Highway Traffic Safety Administration (NHTSA).
8    The vendor or technician who performs the work shall keep
9    accurate records on each piece of equipment the technician
10    calibrates and tests. As used in this paragraph,
11    "fully-trained reviewing technician" means a person who
12    has received at least 40 hours of supervised training in
13    subjects which shall include image inspection and
14    interpretation, the elements necessary to prove a
15    violation, license plate identification, and traffic
16    safety and management. In all municipalities and counties,
17    the automated speed enforcement system or automated
18    traffic law ordinance shall require that no additional fee
19    shall be charged to the alleged violator for exercising his
20    or her right to an administrative hearing, and persons
21    shall be given at least 25 days following an administrative
22    hearing to pay any civil penalty imposed by a finding that
23    Section 11-208.6, 11-208.8, 11-208.9, or 11-1201.1 or a
24    similar local ordinance has been violated. The original or
25    a facsimile of the violation notice or, in the case of a
26    notice produced by a computerized device, a printed record

 

 

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1    generated by the device showing the facts entered on the
2    notice, shall be retained by the traffic compliance
3    administrator, and shall be a record kept in the ordinary
4    course of business. A parking, standing, compliance,
5    automated speed enforcement system, or automated traffic
6    law violation notice issued, signed and served in
7    accordance with this Section, a copy of the notice, or the
8    computer generated record shall be prima facie correct and
9    shall be prima facie evidence of the correctness of the
10    facts shown on the notice. The notice, copy, or computer
11    generated record shall be admissible in any subsequent
12    administrative or legal proceedings.
13        (4) An opportunity for a hearing for the registered
14    owner of the vehicle cited in the parking, standing,
15    compliance, automated speed enforcement system, or
16    automated traffic law violation notice in which the owner
17    may contest the merits of the alleged violation, and during
18    which formal or technical rules of evidence shall not
19    apply; provided, however, that under Section 11-1306 of
20    this Code the lessee of a vehicle cited in the violation
21    notice likewise shall be provided an opportunity for a
22    hearing of the same kind afforded the registered owner. The
23    hearings shall be recorded, and the person conducting the
24    hearing on behalf of the traffic compliance administrator
25    shall be empowered to administer oaths and to secure by
26    subpoena both the attendance and testimony of witnesses and

 

 

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1    the production of relevant books and papers. Persons
2    appearing at a hearing under this Section may be
3    represented by counsel at their expense. The ordinance may
4    also provide for internal administrative review following
5    the decision of the hearing officer.
6        (5) Service of additional notices, sent by first class
7    United States mail, postage prepaid, to the address of the
8    registered owner of the cited vehicle as recorded with the
9    Secretary of State or, if any notice to that address is
10    returned as undeliverable, to the last known address
11    recorded in a United States Post Office approved database,
12    or, under Section 11-1306 or subsection (p) of Section
13    11-208.6 or 11-208.9, or subsection (p) of Section 11-208.8
14    of this Code, to the lessee of the cited vehicle at the
15    last address known to the lessor of the cited vehicle at
16    the time of lease or, if any notice to that address is
17    returned as undeliverable, to the last known address
18    recorded in a United States Post Office approved database.
19    The service shall be deemed complete as of the date of
20    deposit in the United States mail. The notices shall be in
21    the following sequence and shall include but not be limited
22    to the information specified herein:
23            (i) A second notice of parking, standing, or
24        compliance violation. This notice shall specify the
25        date and location of the violation cited in the
26        parking, standing, or compliance violation notice, the

 

 

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1        particular regulation violated, the vehicle make and
2        state registration number, any requirement to complete
3        a traffic education program, the fine and any penalty
4        that may be assessed for late payment or failure to
5        complete a traffic education program, or both, when so
6        provided by ordinance, the availability of a hearing in
7        which the violation may be contested on its merits, and
8        the time and manner in which the hearing may be had.
9        The notice of violation shall also state that failure
10        to complete a required traffic education program, to
11        pay the indicated fine and any applicable penalty, or
12        to appear at a hearing on the merits in the time and
13        manner specified, will result in a final determination
14        of violation liability for the cited violation in the
15        amount of the fine or penalty indicated, and that, upon
16        the occurrence of a final determination of violation
17        liability for the failure, and the exhaustion of, or
18        failure to exhaust, available administrative or
19        judicial procedures for review, any incomplete traffic
20        education program or any unpaid fine or penalty, or
21        both, will constitute a debt due and owing the
22        municipality or county.
23            (ii) A notice of final determination of parking,
24        standing, compliance, automated speed enforcement
25        system, or automated traffic law violation liability.
26        This notice shall be sent following a final

 

 

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1        determination of parking, standing, compliance,
2        automated speed enforcement system, or automated
3        traffic law violation liability and the conclusion of
4        judicial review procedures taken under this Section.
5        The notice shall state that the incomplete traffic
6        education program or the unpaid fine or penalty, or
7        both, is a debt due and owing the municipality or
8        county. The notice shall contain warnings that failure
9        to complete any required traffic education program or
10        to pay any fine or penalty due and owing the
11        municipality or county, or both, within the time
12        specified may result in the municipality's or county's
13        filing of a petition in the Circuit Court to have the
14        incomplete traffic education program or unpaid fine or
15        penalty, or both, rendered a judgment as provided by
16        this Section, or may result in suspension of the
17        person's drivers license for failure to complete a
18        traffic education program or to pay fines or penalties,
19        or both, for 10 or more parking violations under
20        Section 6-306.5, or a combination of 5 or more
21        automated traffic law violations under Section
22        11-208.6 or 11-208.9 or automated speed enforcement
23        system violations under Section 11-208.8.
24        (6) A notice of impending drivers license suspension.
25    This notice shall be sent to the person liable for failure
26    to complete a required traffic education program or to pay

 

 

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1    any fine or penalty that remains due and owing, or both, on
2    10 or more parking violations or combination of 5 or more
3    unpaid automated speed enforcement system or automated
4    traffic law violations. The notice shall state that failure
5    to complete a required traffic education program or to pay
6    the fine or penalty owing, or both, within 45 days of the
7    notice's date will result in the municipality or county
8    notifying the Secretary of State that the person is
9    eligible for initiation of suspension proceedings under
10    Section 6-306.5 of this Code. The notice shall also state
11    that the person may obtain a photostatic copy of an
12    original ticket imposing a fine or penalty by sending a
13    self addressed, stamped envelope to the municipality or
14    county along with a request for the photostatic copy. The
15    notice of impending drivers license suspension shall be
16    sent by first class United States mail, postage prepaid, to
17    the address recorded with the Secretary of State or, if any
18    notice to that address is returned as undeliverable, to the
19    last known address recorded in a United States Post Office
20    approved database.
21        (7) Final determinations of violation liability. A
22    final determination of violation liability shall occur
23    following failure to complete the required traffic
24    education program or to pay the fine or penalty, or both,
25    after a hearing officer's determination of violation
26    liability and the exhaustion of or failure to exhaust any

 

 

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1    administrative review procedures provided by ordinance.
2    Where a person fails to appear at a hearing to contest the
3    alleged violation in the time and manner specified in a
4    prior mailed notice, the hearing officer's determination
5    of violation liability shall become final: (A) upon denial
6    of a timely petition to set aside that determination, or
7    (B) upon expiration of the period for filing the petition
8    without a filing having been made.
9        (8) A petition to set aside a determination of parking,
10    standing, compliance, automated speed enforcement system,
11    or automated traffic law violation liability that may be
12    filed by a person owing an unpaid fine or penalty. A
13    petition to set aside a determination of liability may also
14    be filed by a person required to complete a traffic
15    education program. The petition shall be filed with and
16    ruled upon by the traffic compliance administrator in the
17    manner and within the time specified by ordinance. The
18    grounds for the petition may be limited to: (A) the person
19    not having been the owner or lessee of the cited vehicle on
20    the date the violation notice was issued, (B) the person
21    having already completed the required traffic education
22    program or paid the fine or penalty, or both, for the
23    violation in question, and (C) excusable failure to appear
24    at or request a new date for a hearing. With regard to
25    municipalities or counties with a population of 1 million
26    or more, it shall be grounds for dismissal of a parking

 

 

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1    violation if the state registration number, or vehicle make
2    if specified, is incorrect. After the determination of
3    parking, standing, compliance, automated speed enforcement
4    system, or automated traffic law violation liability has
5    been set aside upon a showing of just cause, the registered
6    owner shall be provided with a hearing on the merits for
7    that violation.
8        (9) Procedures for non-residents. Procedures by which
9    persons who are not residents of the municipality or county
10    may contest the merits of the alleged violation without
11    attending a hearing.
12        (10) A schedule of civil fines for violations of
13    vehicular standing, parking, compliance, automated speed
14    enforcement system, or automated traffic law regulations
15    enacted by ordinance pursuant to this Section, and a
16    schedule of penalties for late payment of the fines or
17    failure to complete required traffic education programs,
18    provided, however, that the total amount of the fine and
19    penalty for any one violation shall not exceed $250, except
20    as provided in subsection (c) of Section 11-1301.3 of this
21    Code.
22        (11) Other provisions as are necessary and proper to
23    carry into effect the powers granted and purposes stated in
24    this Section.
25    (c) Any municipality or county establishing vehicular
26standing, parking, compliance, automated speed enforcement

 

 

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1system, or automated traffic law regulations under this Section
2may also provide by ordinance for a program of vehicle
3immobilization for the purpose of facilitating enforcement of
4those regulations. The program of vehicle immobilization shall
5provide for immobilizing any eligible vehicle upon the public
6way by presence of a restraint in a manner to prevent operation
7of the vehicle. Any ordinance establishing a program of vehicle
8immobilization under this Section shall provide:
9        (1) Criteria for the designation of vehicles eligible
10    for immobilization. A vehicle shall be eligible for
11    immobilization when the registered owner of the vehicle has
12    accumulated the number of incomplete traffic education
13    programs or unpaid final determinations of parking,
14    standing, compliance, automated speed enforcement system,
15    or automated traffic law violation liability, or both, as
16    determined by ordinance.
17        (2) A notice of impending vehicle immobilization and a
18    right to a hearing to challenge the validity of the notice
19    by disproving liability for the incomplete traffic
20    education programs or unpaid final determinations of
21    parking, standing, compliance, automated speed enforcement
22    system, or automated traffic law violation liability, or
23    both, listed on the notice.
24        (3) The right to a prompt hearing after a vehicle has
25    been immobilized or subsequently towed without the
26    completion of the required traffic education program or

 

 

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1    payment of the outstanding fines and penalties on parking,
2    standing, compliance, automated speed enforcement system,
3    or automated traffic law violations, or both, for which
4    final determinations have been issued. An order issued
5    after the hearing is a final administrative decision within
6    the meaning of Section 3-101 of the Code of Civil
7    Procedure.
8        (4) A post immobilization and post-towing notice
9    advising the registered owner of the vehicle of the right
10    to a hearing to challenge the validity of the impoundment.
11    (d) Judicial review of final determinations of parking,
12standing, compliance, automated speed enforcement system, or
13automated traffic law violations and final administrative
14decisions issued after hearings regarding vehicle
15immobilization and impoundment made under this Section shall be
16subject to the provisions of the Administrative Review Law. The
17filing fee for judicial review of a final determination of an
18automated traffic law violation shall be no more than $20.
19    (e) Any fine, penalty, incomplete traffic education
20program, or part of any fine or any penalty remaining unpaid
21after the exhaustion of, or the failure to exhaust,
22administrative remedies created under this Section and the
23conclusion of any judicial review procedures shall be a debt
24due and owing the municipality or county and, as such, may be
25collected in accordance with applicable law. Completion of any
26required traffic education program and payment in full of any

 

 

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1fine or penalty resulting from a standing, parking, compliance,
2automated speed enforcement system, or automated traffic law
3violation shall constitute a final disposition of that
4violation.
5    (f) After the expiration of the period within which
6judicial review may be sought for a final determination of
7parking, standing, compliance, automated speed enforcement
8system, or automated traffic law violation, the municipality or
9county may commence a proceeding in the Circuit Court for
10purposes of obtaining a judgment on the final determination of
11violation. Nothing in this Section shall prevent a municipality
12or county from consolidating multiple final determinations of
13parking, standing, compliance, automated speed enforcement
14system, or automated traffic law violations against a person in
15a proceeding. Upon commencement of the action, the municipality
16or county shall file a certified copy or record of the final
17determination of parking, standing, compliance, automated
18speed enforcement system, or automated traffic law violation,
19which shall be accompanied by a certification that recites
20facts sufficient to show that the final determination of
21violation was issued in accordance with this Section and the
22applicable municipal or county ordinance. Service of the
23summons and a copy of the petition may be by any method
24provided by Section 2-203 of the Code of Civil Procedure or by
25certified mail, return receipt requested, provided that the
26total amount of fines and penalties for final determinations of

 

 

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1parking, standing, compliance, automated speed enforcement
2system, or automated traffic law violations does not exceed
3$2500. If the court is satisfied that the final determination
4of parking, standing, compliance, automated speed enforcement
5system, or automated traffic law violation was entered in
6accordance with the requirements of this Section and the
7applicable municipal or county ordinance, and that the
8registered owner or the lessee, as the case may be, had an
9opportunity for an administrative hearing and for judicial
10review as provided in this Section, the court shall render
11judgment in favor of the municipality or county and against the
12registered owner or the lessee for the amount indicated in the
13final determination of parking, standing, compliance,
14automated speed enforcement system, or automated traffic law
15violation, plus costs. The judgment shall have the same effect
16and may be enforced in the same manner as other judgments for
17the recovery of money.
18    (g) The fee for participating in a traffic education
19program under this Section shall not exceed $25.
20    A low-income individual required to complete a traffic
21education program under this Section who provides proof of
22eligibility for the federal earned income tax credit under
23Section 32 of the Internal Revenue Code or the Illinois earned
24income tax credit under Section 212 of the Illinois Income Tax
25Act shall not be required to pay any fee for participating in a
26required traffic education program.

 

 

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1(Source: P.A. 97-29, eff. 1-1-12; 97-333, eff. 8-12-11; 97-672,
2eff. 7-1-12; 98-556, eff. 1-1-14; 98-1028, eff. 8-22-14.)