Public Act 098-1028
 
SB3096 EnrolledLRB098 20067 MLW 55319 b


  
    AN ACT concerning transportation.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Illinois Vehicle Code is amended  by changing 
Sections 7-307 and 11-208.3 as follows:
 



    (625 ILCS 5/7-307)  (from Ch. 95 1/2, par. 7-307)



    Sec. 7-307. Courts to report nonpayments of judgment. The 
clerk of a court, or the judge of a court which has no clerk, or 
the judgment creditor or his or her attorney of record
shall 
forward to the Secretary of State, on a form prescribed by the

Secretary, a certified record of any judgment for damages, the 
rendering
and nonpayment of which judgment required the 
suspension of the driver's
license and registrations in the 
name of the judgment debtor hereunder,
such record to be 
forwarded to the Secretary of State upon request by the

plaintiff after  the expiration of 30 days after such judgment 
has become
final and when such judgment has not been stayed or 
satisfied within the
amounts specified in this Article as shown 
by the records of the Court.

(Source: P.A. 86-549.)

 


    (625 ILCS 5/11-208.3)  (from Ch. 95 1/2, par. 11-208.3)



    Sec. 11-208.3. Administrative adjudication of violations 
of traffic
regulations concerning the standing, parking, or 
condition of
vehicles, automated traffic law violations, and 
automated speed enforcement system violations. 

    (a) Any municipality or county may provide by ordinance for 
a system of
administrative adjudication of vehicular standing 
and parking violations and
vehicle compliance violations as 
described in this subsection, automated traffic law violations 
as defined in Section 11-208.6, 11-208.9, or 11-1201.1, and 
automated speed enforcement system violations as defined in 
Section 11-208.8.
The administrative system shall have as its 
purpose the fair and
efficient enforcement of municipal or 
county regulations through the
administrative adjudication of 
automated speed enforcement system or automated traffic law 
violations and violations of municipal or county ordinances

regulating the standing and parking of vehicles, the condition 
and use of
vehicle equipment, and the display of municipal or 
county wheel tax licenses within the
municipality's
or county's 
borders.  The administrative system shall only have authority to 
adjudicate
civil offenses carrying fines not in excess of $500 
or requiring the completion of a traffic education program, or 
both, that occur after the
effective date of the ordinance 
adopting such a system under this Section.
For purposes of this 
Section, "compliance violation" means a violation of a

municipal or county regulation governing the condition or use 
of equipment on a vehicle
or governing the display of a 
municipal or county wheel tax license.

    (b) Any ordinance establishing a system of administrative 
adjudication
under this Section shall provide for:


        (1) A traffic compliance administrator authorized to

    adopt, distribute and
process parking, compliance, and 
    automated speed enforcement system or automated traffic 
    law violation notices and other notices required
by this

    Section, collect money paid as fines and penalties for 
    violation of parking
and compliance
ordinances and 
    automated speed enforcement system or automated traffic 
    law violations, and operate an administrative adjudication 
    system.  The traffic
compliance
administrator also may make 
    a certified report to the Secretary of State
under Section 
    6-306.5.


        (2) A parking, standing, compliance, automated speed 
    enforcement system, or automated traffic law violation 
    notice
that
shall specify the date,
time, and place of 
    violation of a parking, standing,
compliance, automated 
    speed enforcement system, or automated traffic law

    regulation; the particular regulation
violated; any 
    requirement to complete a traffic education program; the 
    fine and any penalty that may be assessed for late payment 
    or failure to complete a required traffic education 
    program, or both,
when so provided by ordinance; the 
    vehicle make and state registration
number; and the 
    identification number of the
person issuing the notice.

    With regard to automated speed enforcement system or 
    automated traffic law violations, vehicle make shall be 
    specified on the automated speed enforcement system or 
    automated traffic law violation notice if the make is 
    available and readily discernible. With regard to 
    municipalities or counties with a population of 1 million 
    or more, it
shall be grounds for
dismissal of a parking

    violation if the state registration number or vehicle make 
    specified is
incorrect. The violation notice shall state 
    that the completion of any required traffic education 
    program, the payment of any indicated
fine, and the payment 
    of any applicable penalty for late payment or failure to 
    complete a required traffic education program, or both, 
    shall operate as a
final disposition of the violation.  The 
    notice also shall contain
information as to the 
    availability of a hearing in which the violation may
be 
    contested on its merits.  The violation notice shall specify 
    the
time and manner in which a hearing may be had.


        (3) Service of the parking, standing, or compliance

    violation notice by affixing the
original or a facsimile of 
    the notice to an unlawfully parked vehicle or by
handing 
    the notice to the operator of a vehicle if he or she is

    present and service of an automated speed enforcement 
    system or automated traffic law violation notice by mail to 
    the
address
of the registered owner or lessee of the cited 
    vehicle as recorded with the Secretary of
State or the 
    lessor of the motor vehicle within 30 days after the 
    Secretary of State or the lessor of the motor vehicle 
    notifies the municipality or county of the identity of the 
    owner or lessee of the vehicle, but not later than 90 days 
    after the violation, except that in the case of a lessee of 
    a motor vehicle, service of an automated traffic law 
    violation notice may occur no later than 210 days after the 
    violation.  A person authorized by ordinance to issue and 
    serve parking,
standing, and compliance
violation notices 
    shall certify as to the correctness of the facts entered
on 
    the violation notice by signing his or her name to the 
    notice at
the time of service or in the case of a notice 
    produced by a computerized
device, by signing a single 
    certificate to be kept by the traffic
compliance

    administrator attesting to the correctness of all notices 
    produced by the
device while it was under his or her 
    control.  In the case of an automated traffic law violation, 
    the ordinance shall
require
a
determination by a technician 
    employed or contracted by the municipality or county that,

    based on inspection of recorded images, the motor vehicle 
    was being operated in
violation of Section 11-208.6, 
    11-208.9, or 11-1201.1 or a local ordinance.
If the 
    technician determines that the
vehicle entered the 
    intersection as part of a funeral procession or in order to

    yield the right-of-way to an emergency vehicle, a citation 
    shall not be issued. In municipalities with a population of 
    less than 1,000,000 inhabitants and counties with a 
    population of less than 3,000,000 inhabitants, the 
    automated traffic law ordinance shall require that all 
    determinations by a technician that a motor vehicle was 
    being operated in
violation of Section 11-208.6, 11-208.9, 
    or 11-1201.1 or a local ordinance must be reviewed and 
    approved by a law enforcement officer or retired law 
    enforcement officer of the municipality or county issuing 
    the violation. In municipalities with a population of 
    1,000,000 or more inhabitants and counties with a 
    population of 3,000,000 or more inhabitants,  the automated 
    traffic law ordinance shall require that all 
    determinations by a technician that a motor vehicle was 
    being operated in
violation of Section 11-208.6, 11-208.9, 
    or 11-1201.1 or a local ordinance must be reviewed and 
    approved by a law enforcement officer or retired law 
    enforcement officer of the municipality or county issuing 
    the violation or by an additional fully-trained reviewing 
    technician who is not employed by the contractor who 
    employs the technician who made the initial determination. 
    In the case of an automated speed enforcement system 
    violation, the ordinance shall require a determination by a 
    technician employed by the municipality, based upon an 
    inspection of recorded images, video or other 
    documentation, including documentation of the speed limit 
    and automated speed enforcement signage, and documentation 
    of the inspection, calibration, and certification of the 
    speed equipment, that the vehicle was being operated in 
    violation of Article VI of Chapter 11 of this Code or a 
    similar local ordinance.  If the technician determines that 
    the vehicle speed was not determined by a calibrated, 
    certified speed equipment device based upon the speed 
    equipment documentation, or if the vehicle was an emergency 
    vehicle, a citation may not be issued. The automated speed 
    enforcement ordinance shall require that all 
    determinations by a technician that a violation occurred be 
    reviewed and approved by a law enforcement officer or 
    retired law enforcement officer of the municipality 
    issuing the violation or by an additional fully trained 
    reviewing technician who is not employed by the contractor 
    who employs the technician who made the initial 
    determination.  Routine and independent calibration of the 
    speeds produced by automated speed enforcement systems and 
    equipment shall be conducted annually by a qualified 
    technician.  Speeds produced by an automated speed 
    enforcement system shall be compared with speeds produced 
    by lidar or other independent equipment. Radar  Qualified 
    technicians shall test radar or lidar equipment shall 
    undergo an internal validation test no less frequently than 
    once each week. Qualified technicians , and shall test loop 
    based equipment no less frequently than once a year.  Radar 
    equipment shall be checked for accuracy by a qualified 
    technician when the unit is serviced, when unusual or 
    suspect readings persist, or when deemed necessary by a 
    reviewing technician. Radar equipment shall be checked 
    with the internal frequency generator and certified tuning 
    forks, the internal circuit test, and diode display test 
    whenever the radar is turned on. Technicians must be alert 
    for any unusual or suspect readings, and if unusual or 
    suspect readings of a radar unit persist, that unit shall 
    immediately be removed from service and not returned to 
    service until it has been checked by a qualified technician 
    and determined to be functioning properly. Documentation 
    of the annual calibration results, including the equipment 
    tested, test date, technician performing the test, and test 
    results, shall be maintained and available for use in the 
    determination of an automated speed enforcement system 
    violation and issuance of a citation. The technician 
    performing the calibration and testing of the automated 
    speed enforcement equipment shall be trained and certified 
    in the use  of equipment for speed enforcement purposes.  
    Training on the speed enforcement equipment may be 
    conducted by law enforcement, civilian, or manufacturer's 
    personnel and if applicable may shall be equivalent to the 
    equipment use and operations training included in the Speed 
    Measuring Device Operator Program developed by the 
    National Highway Traffic Safety Administration (NHTSA).  
    The vendor or technician who performs the work shall keep 
    accurate records on each piece of equipment the technician 
    calibrates and tests. As used in this paragraph, 
    "fully-trained reviewing technician" means a person who 
    has received at least 40 hours of supervised training in 
    subjects which shall include image inspection and 
    interpretation, the elements necessary to prove a 
    violation, license plate identification, and traffic 
    safety and management. In all municipalities and counties, 
    the automated speed enforcement system or automated 
    traffic law ordinance shall require that no additional fee 
    shall be charged to the alleged violator for exercising his 
    or her right to an administrative hearing, and persons 
    shall be given at least 25 days following an administrative 
    hearing to pay any civil penalty imposed by a finding that 
    Section 11-208.6, 11-208.8, 11-208.9, or 11-1201.1 or a 
    similar local ordinance has been violated. The original or 
    a
facsimile of the violation notice or, in the case of a 
    notice produced by a
computerized device, a printed record 
    generated by the device showing the facts
entered on the 
    notice, shall be retained by the
traffic compliance

    administrator, and shall be a record kept in the ordinary 
    course of
business.  A parking, standing, compliance, 
    automated speed enforcement system, or automated traffic 
    law violation notice issued,
signed and served in

    accordance with this Section, a copy of the notice, or the 
    computer
generated record shall be prima facie
correct and 
    shall be prima facie evidence of the correctness of the 
    facts
shown on the notice.  The notice, copy, or computer 
    generated
record shall be admissible in any
subsequent 
    administrative or legal proceedings.


        (4) An opportunity for a hearing for the registered 
    owner of the
vehicle cited in the parking, standing, 
    compliance, automated speed enforcement system, or 
    automated traffic law violation notice in
which the owner 
    may
contest the merits of the alleged violation, and during 
    which formal or
technical rules of evidence shall not 
    apply; provided, however, that under
Section 11-1306 of 
    this Code the lessee of a vehicle cited in the
violation 
    notice likewise shall be provided an opportunity for a 
    hearing of
the same kind afforded the registered owner.  The 
    hearings shall be
recorded, and the person conducting the 
    hearing on behalf of the traffic
compliance
administrator 
    shall be empowered to administer oaths and to secure by

    subpoena both the attendance and testimony of witnesses and 
    the production
of relevant books and papers.  Persons 
    appearing at a hearing under this
Section may be 
    represented by counsel at their expense. The ordinance may

    also provide for internal administrative review following 
    the decision of
the hearing officer.


        (5) Service of additional notices, sent by first class 
    United States
mail, postage prepaid, to the address of the 
    registered owner of the cited
vehicle as recorded with the 
    Secretary of State or, if any notice to that address is 
    returned as undeliverable, to the last known address 
    recorded in a United States Post Office approved database,

    or, under Section 11-1306
or subsection (p) of Section 
    11-208.6 or 11-208.9, or subsection (p) of Section 11-208.8   
    of this Code, to the lessee of the cited vehicle at the 
    last address known
to the lessor of the cited vehicle at 
    the time of lease or, if any notice to that address is 
    returned as undeliverable, to the last known address 
    recorded in a United States Post Office approved database.
 
    The service shall
be deemed complete as of the date of 
    deposit in the United States mail.
The notices shall be in 
    the following sequence and shall include but not be
limited 
    to the information specified herein:


            (i) A second notice of parking, standing, or 
        compliance violation.  This notice shall specify the

        date and location of the violation cited in the 
        parking,
standing,
or compliance violation
notice, the 
        particular regulation violated, the vehicle
make and 
        state registration number, any requirement to complete 
        a traffic education program, the fine and any penalty 
        that may be
assessed for late payment or failure to 
        complete a traffic education program, or both, when so 
        provided by ordinance, the availability
of a hearing in 
        which the violation may be contested on its merits, and 
        the
time and manner in which the hearing may be had.  
        The notice of violation
shall also state that failure 
        to complete a required traffic education program, to 
        pay the indicated fine and any
applicable penalty, or 
        to appear at a hearing on the merits in the time and

        manner specified, will result in a final determination 
        of violation
liability for the cited violation in the 
        amount of the fine or penalty
indicated, and that, upon 
        the occurrence of a final determination of violation 
        liability for the failure, and the exhaustion of, or

        failure to exhaust, available administrative or 
        judicial procedures for
review, any incomplete traffic 
        education program or any unpaid fine or penalty, or 
        both, will constitute a debt due and owing
the 
        municipality or county.


            (ii) A notice of final determination of parking, 
        standing,
compliance, automated speed enforcement 
        system, or automated traffic law violation liability.

        This notice shall be sent following a final 
        determination of parking,
standing, compliance, 
        automated speed enforcement system, or automated 
        traffic law
violation liability and the conclusion of 
        judicial review procedures taken
under this Section.  
        The notice shall state that  the incomplete traffic 
        education program or the unpaid fine or
penalty, or 
        both, is a debt due and owing the municipality or 
        county.  The notice shall contain
warnings that failure 
        to complete any required traffic education program or 
        to pay any fine or penalty due and owing the

        municipality or county, or both, within the time 
        specified may result in the municipality's
or county's 
        filing of a petition in the Circuit Court to have the 
        incomplete traffic education program or unpaid
fine or 
        penalty, or both, rendered a judgment as provided by 
        this Section, or may
result in suspension of the 
        person's drivers license for failure to complete a 
        traffic education program or to pay
fines or penalties, 
        or both, for 10 or more parking violations under 
        Section 6-306.5, or a combination of 5 or more 
        automated traffic law violations under Section 
        11-208.6 or 11-208.9 or automated speed enforcement 
        system violations under Section 11-208.8. 


        (6) A notice of impending drivers license suspension.  
    This
notice shall be sent to the person liable for failure 
    to complete a required traffic education program or to pay 
    any fine or penalty that
remains due and owing, or both, on 
    10 or more parking
violations or combination of 5 or more 
    unpaid automated speed enforcement system or automated 
    traffic law violations.   The notice
shall state that failure 
    to complete a required traffic education program or to pay 
    the fine or penalty owing, or both, within 45 days of
the 
    notice's date will result in the municipality or county 
    notifying the Secretary
of State that the person is 
    eligible for initiation of suspension
proceedings under 
    Section 6-306.5 of this Code. The notice shall also state

    that the person may obtain a photostatic copy of an 
    original ticket imposing a
fine or penalty by sending a 
    self addressed, stamped envelope to the
municipality or 
    county along with a request for the photostatic copy.
 The 
    notice of impending
drivers license suspension shall be 
    sent by first class United States mail,
postage prepaid, to 
    the address recorded with the Secretary of State or, if any 
    notice to that address is returned as undeliverable, to the 
    last known address recorded in a United States Post Office 
    approved database. 


        (7) Final determinations of violation liability.  A 
    final
determination of violation liability shall occur 
    following failure to complete the required traffic 
    education program or
to pay the fine or penalty, or both, 
    after a hearing officer's determination of violation 
    liability and the exhaustion of or failure to exhaust any

    administrative review procedures provided by ordinance.  
    Where a person
fails to appear at a hearing to contest the 
    alleged violation in the time
and manner specified in a 
    prior mailed notice, the hearing officer's
determination 
    of violation liability shall become final:  (A) upon
denial 
    of a timely petition to set aside that determination, or 
    (B) upon
expiration of the period for filing the petition 
    without a
filing having been made.


        (8) A petition to set aside a determination of parking, 
    standing,
compliance, automated speed enforcement system, 
    or automated traffic law violation
liability that may be 
    filed by a person owing an unpaid fine or penalty. A 
    petition to set aside a determination of liability may also 
    be filed by a person required to complete a traffic 
    education program.
The petition shall be filed with and 
    ruled upon by the traffic compliance
administrator in the 
    manner and within the time specified by ordinance.
The 
    grounds for the petition may be limited to:  (A) the person 
    not having
been the owner or lessee of the cited vehicle on 
    the date the
violation notice was issued, (B) the person 
    having already completed the required traffic education 
    program or paid the fine or
penalty, or both, for the 
    violation in question, and (C) excusable failure to
appear 
    at or
request a new date for a hearing.
With regard to 
    municipalities or counties with a population of 1 million 
    or more, it
shall be grounds for
dismissal of a
parking 
    violation if the state registration number, or vehicle make 
    if specified, is
incorrect. After the determination of

    parking, standing, compliance, automated speed enforcement 
    system, or automated traffic law violation liability has 
    been set aside
upon a showing of just
cause, the registered 
    owner shall be provided with a hearing on the merits
for 
    that violation.


        (9) Procedures for non-residents. Procedures by which 
    persons who are
not residents of the municipality or county 
    may contest the merits of the alleged
violation without 
    attending a hearing.


        (10) A schedule of civil fines for violations of 
    vehicular standing,
parking, compliance, automated speed 
    enforcement system, or automated traffic law regulations 
    enacted by ordinance pursuant to this
Section, and a

    schedule of penalties for late payment of the fines or 
    failure to complete required traffic education programs, 
    provided, however,
that the total amount of the fine and 
    penalty for any one violation shall
not exceed $250, except 
    as provided in subsection (c) of Section 11-1301.3 of this 
    Code. 


        (11) Other provisions as are necessary and proper to 
    carry into
effect the powers granted and purposes stated in 
    this Section.

    (c) Any municipality or county establishing vehicular 
standing, parking,
 compliance, automated speed enforcement 
system, or automated traffic law
regulations under this Section 
may also provide by ordinance for a
program of vehicle 
immobilization for the purpose of facilitating
enforcement of 
those regulations.  The program of vehicle
immobilization shall 
provide for immobilizing any eligible vehicle upon the
public 
way by presence of a restraint in a manner to prevent operation 
of
the vehicle.  Any ordinance establishing a program of vehicle

immobilization under this Section shall provide:


        (1) Criteria for the designation of vehicles eligible 
    for
immobilization.  A vehicle shall be eligible for 
    immobilization when the
registered owner of the vehicle has 
    accumulated the number of incomplete traffic education 
    programs or unpaid final
determinations of parking, 
    standing, compliance, automated speed enforcement system, 
    or automated traffic law violation liability, or both, as

    determined by ordinance.


        (2) A notice of impending vehicle immobilization and a 
    right to a
hearing to challenge the validity of the notice 
    by disproving liability
for  the incomplete traffic 
    education programs or unpaid final determinations of 
    parking, standing, compliance, automated speed enforcement 
    system, or automated traffic law
violation liability, or 
    both, listed
on the notice.


        (3) The right to a prompt hearing after a vehicle has 
    been immobilized
or subsequently towed without the 
    completion of the required traffic education program or 
    payment of the outstanding fines and
penalties on parking, 
    standing, compliance, automated speed enforcement system, 
    or automated traffic law violations, or both, for which 
    final
determinations have been
issued.   An order issued 
    after the hearing is a final administrative
decision within 
    the meaning of Section 3-101 of the Code of Civil 
    Procedure.


        (4) A post immobilization and post-towing notice 
    advising the registered
owner of the vehicle of the right 
    to a hearing to challenge the validity
of the impoundment.

    (d) Judicial review of final determinations of parking, 
standing,
compliance, automated speed enforcement system, or 
automated traffic law
violations and final administrative 
decisions issued after hearings
regarding vehicle 
immobilization and impoundment made
under this Section shall be 
subject to the provisions of
the Administrative Review Law.

    (e) Any fine, penalty, incomplete traffic education 
program, or part of any fine or any penalty remaining
unpaid 
after the exhaustion of, or the failure to exhaust,  
administrative
remedies created under this Section and the 
conclusion of any judicial
review procedures shall be a debt 
due and owing the municipality or county and, as
such, may be 
collected in accordance with applicable law. Completion of any 
required traffic education program and payment in full
of any 
fine or penalty resulting from a standing, parking,
compliance, 
automated speed enforcement system, or automated traffic law 
violation shall
constitute a final disposition of that 
violation. 

    (f) After the expiration of the period within which 
judicial review may
be sought for a final determination of 
parking, standing, compliance, automated speed enforcement 
system, or automated traffic law
violation, the municipality
or 
county may commence a proceeding in the Circuit Court for 
purposes of obtaining a
judgment on the final determination of 
violation.  Nothing in this
Section shall prevent a municipality 
or county from consolidating multiple final
determinations of 
parking, standing, compliance, automated speed enforcement 
system, or automated traffic law violations against a
person in 
a proceeding.
Upon commencement of the action, the municipality 
or county shall file a certified
copy or record of the final 
determination of parking, standing, compliance, automated 
speed enforcement system, or automated traffic law
violation, 
which shall be
accompanied by a certification that recites 
facts sufficient to show that
the final determination of 
violation was
issued in accordance with this Section and the 
applicable municipal
or county ordinance.  Service of the 
summons and a copy of the petition may be by
any method 
provided by Section 2-203 of the Code of Civil Procedure or by

certified mail, return receipt requested, provided that the 
total amount of
fines and penalties for final determinations of 
parking, standing,
compliance, automated speed enforcement 
system, or automated traffic law violations does not
exceed 
$2500.  If the court is satisfied that the final determination 
of
parking, standing, compliance, automated speed enforcement 
system, or automated traffic law violation was entered in 
accordance with
the requirements of
this Section and the 
applicable municipal or county ordinance, and that the 
registered
owner or the lessee, as the case may be, had an 
opportunity for an
administrative hearing and for judicial 
review as provided in this Section,
the court shall render 
judgment in favor of the municipality or county and against
the 
registered owner or the lessee for the amount indicated in the 
final
determination of parking, standing, compliance, 
automated speed enforcement system, or automated traffic law 
violation, plus costs.
The judgment shall have
the same effect 
and may be enforced in the same manner as other judgments
for 
the recovery of money.

    (g) The fee for participating in a traffic education 
program under this Section shall not exceed $25.
    A low-income individual required to complete a traffic 
education program under this Section who provides proof of 
eligibility for the federal earned income tax credit under 
Section 32 of the Internal Revenue Code or the Illinois earned 
income tax credit under Section 212 of the Illinois Income Tax 
Act shall not be required to pay any fee for participating in a 
required traffic education program. 
(Source: P.A. 97-29, eff. 1-1-12; 97-333, eff. 8-12-11; 97-672, 
eff. 7-1-12; 98-556, eff. 1-1-14.)

 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.