101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4459

 

Introduced 2/3/2020, by Rep. Allen Skillicorn

 

SYNOPSIS AS INTRODUCED:
 
65 ILCS 5/1-2.1-8
65 ILCS 5/1-2.2-55
65 ILCS 5/11-80-2b new
625 ILCS 5/11-208.3  from Ch. 95 1/2, par. 11-208.3

    Amends the Illinois Municipal Code and the Illinois Vehicle Code. Provides that a municipality or county may not collect any debt due or owing the municipality or county for a parking violation during any period of time that is 5 or more years after the date the first notice of violation is sent to the registered owner. Limits home rule powers.


LRB101 17991 AWJ 67429 b

FISCAL NOTE ACT MAY APPLY
HOME RULE NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4459LRB101 17991 AWJ 67429 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Municipal Code is amended by
5changing Sections 1-2.1-8, 1-2.2-55 and by adding Section
611-80-2b as follows:
 
7    (65 ILCS 5/1-2.1-8)
8    Sec. 1-2.1-8. Enforcement of judgment.
9    (a) Any fine, other sanction, or costs imposed, or part of
10any fine, other sanction, or costs imposed, remaining unpaid
11after the exhaustion of or the failure to exhaust judicial
12review procedures under the Illinois Administrative Review Law
13are a debt due and owing the municipality and may be collected
14in accordance with applicable law.
15    (b) After expiration of the period in which judicial review
16under the Illinois Administrative Review Law may be sought for
17a final determination of a code violation, unless stayed by a
18court of competent jurisdiction, the findings, decision, and
19order of the hearing officer may be enforced in the same manner
20as a judgment entered by a court of competent jurisdiction.
21    (c) In any case in which a defendant has failed to comply
22with a judgment ordering a defendant to correct a code
23violation or imposing any fine or other sanction as a result of

 

 

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1a code violation, any expenses incurred by a municipality to
2enforce the judgment, including, but not limited to, attorney's
3fees, court costs, and costs related to property demolition or
4foreclosure, after they are fixed by a court of competent
5jurisdiction or a hearing officer, shall be a debt due and
6owing the municipality and may be collected in accordance with
7applicable law. Prior to any expenses being fixed by a hearing
8officer pursuant to this subsection (c), the municipality shall
9provide notice to the defendant that states that the defendant
10shall appear at a hearing before the administrative hearing
11officer to determine whether the defendant has failed to comply
12with the judgment. The notice shall set the date for such a
13hearing, which shall not be less than 7 days from the date that
14notice is served. If notice is served by mail, the 7-day period
15shall begin to run on the date that the notice was deposited in
16the mail.
17    (d) Upon being recorded in the manner required by Article
18XII of the Code of Civil Procedure or by the Uniform Commercial
19Code, a lien shall be imposed on the real estate or personal
20estate, or both, of the defendant in the amount of any debt due
21and owing the municipality under this Section. The lien may be
22enforced in the same manner as a judgment lien pursuant to a
23judgment of a court of competent jurisdiction.
24    (e) A hearing officer may set aside any judgment entered by
25default and set a new hearing date, upon a petition filed
26within 21 days after the issuance of the order of default, if

 

 

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1the hearing officer determines that the petitioner's failure to
2appear at the hearing was for good cause or at any time if the
3petitioner establishes that the municipality did not provide
4proper service of process. If any judgment is set aside
5pursuant to this subsection (e), the hearing officer shall have
6authority to enter an order extinguishing any lien which has
7been recorded for any debt due and owing the municipality as a
8result of the vacated default judgment.
9    (f) A municipality may not collect any debt due or owing
10the municipality for a parking violation under Article XIII of
11Chapter 11 of the Illinois Vehicle Code, or a similar provision
12of a municipal ordinance, during any period of time that is 5
13or more years after the date the last notice of violation is
14sent to the registered owner. A home rule municipality may not
15regulate debt collection in a manner inconsistent with this
16subsection (f). This subsection is a limitation under
17subsection (i) of Section 6 of Article VII of the Illinois
18Constitution on the concurrent exercise by home rule units of
19powers and functions exercised by the State.
20(Source: P.A. 90-516, eff. 1-1-98.)
 
21    (65 ILCS 5/1-2.2-55)
22    Sec. 1-2.2-55. Judgment on findings, decision, and order.
23    (a) Any fine, other sanction, or costs imposed, or part of
24any fine, other sanction, or costs imposed, remaining unpaid
25after the exhaustion of, or the failure to exhaust, judicial

 

 

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1review procedures under the Administrative Review Law shall be
2a debt due and owing the municipality and, as such, may be
3collected in accordance with applicable law.
4    (b) After expiration of the period within which judicial
5review under the Administrative Review Law may be sought for a
6final determination of the code violation, the municipality may
7commence a proceeding in the circuit court of the county in
8which the municipality is located for purpose of obtaining a
9judgment on the findings, decision, and order. Nothing in this
10Section shall prevent a municipality from consolidating
11multiple findings, decisions, and orders against a person in
12such a proceeding. Upon commencement of the action, the
13municipality shall file a certified copy of the findings,
14decision, and order, which shall be accompanied by a
15certification that recites facts sufficient to show that the
16findings, decision, and order was issued in accordance with
17this Division and the applicable municipal ordinance. Service
18of the summons and a copy of the petition may be by any method
19provided for by Section 2-203 of the Code of Civil Procedure or
20by certified mail, return receipt requested, provided that the
21total amount of fines, other sanctions, and costs imposed by
22the findings, decision, and order does not exceed $2,500. If
23the court is satisfied that the findings, decision, and order
24was entered in accordance with the requirements of this
25Division and the applicable municipal ordinance and that the
26defendant had an opportunity for a hearing under this Division

 

 

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1and for judicial review as provided in this Division:
2        (1) The court shall render judgment in favor of the
3    municipality and against the defendant for the amount
4    indicated in the findings, decision and order, plus costs.
5    The judgment shall have the same effect and may be enforced
6    in the same manner as other judgments for the recovery of
7    money.
8        (2) The court may also issue any other orders and
9    injunctions that are requested by the municipality to
10    enforce the order of the hearing officer to correct a code
11    violation.
12    (c) In place of a proceeding under subsection (b) of this
13Section, after expiration of the period in which judicial
14review under the Illinois Administrative Review Law may be
15sought for a final determination of a code violation, unless
16stayed by a court of competent jurisdiction, the findings,
17decision, and order of the hearing officer may be enforced in
18the same manner as a judgment entered by a court of competent
19jurisdiction.
20    In any case in which a defendant has failed to comply with
21a judgment ordering a defendant to correct a code violation or
22imposing any fine or other sanction as a result of a code
23violation, any expenses incurred by a municipality to enforce
24the judgment, including, but not limited to, attorney's fees,
25court costs, and costs related to property demolition or
26foreclosure, after they are fixed by a court of competent

 

 

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1jurisdiction or a hearing officer, shall be a debt due and
2owing the municipality and may be collected in accordance with
3applicable law. Prior to any expenses being fixed by a hearing
4officer pursuant to this subsection (c), the municipality shall
5provide notice to the defendant that states that the defendant
6shall appear at a hearing before the administrative hearing
7officer to determine whether the defendant has failed to comply
8with the judgment. The notice shall set the date for such a
9hearing, which shall not be less than 7 days from the date that
10notice is served. If notice is served by mail, the 7-day period
11shall begin to run on the date that the notice was deposited in
12the mail.
13    Upon being recorded in the manner required by Article XII
14of the Code of Civil Procedure or by the Uniform Commercial
15Code, a lien shall be imposed on the real estate or personal
16estate, or both, of the defendant in the amount of any debt due
17and owing the municipality under this Section. The lien may be
18enforced in the same manner as a judgment lien pursuant to a
19judgment of a court of competent jurisdiction.
20    A hearing officer may set aside any judgment entered by
21default and set a new hearing date, upon a petition filed
22within 21 days after the issuance of the order of default, if
23the hearing officer determines that the petitioner's failure to
24appear at the hearing was for good cause or at any time if the
25petitioner establishes that the municipality did not provide
26proper service of process. If any judgment is set aside

 

 

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1pursuant to this subsection (c), the hearing officer shall have
2authority to enter an order extinguishing any lien which has
3been recorded for any debt due and owing the municipality as a
4result of the vacated default judgment.
5    (d) A municipality may not collect any debt due or owing
6the municipality for a parking violation under Article XIII of
7Chapter 11 of the Illinois Vehicle Code, or a similar provision
8of a municipal ordinance, during any period of time that is 5
9or more years after the date the last notice of violation is
10sent to the registered owner. A home rule municipality may not
11regulate debt collection in a manner inconsistent with this
12Section. This Section is a limitation under subsection (i) of
13Section 6 of Article VII of the Illinois Constitution on the
14concurrent exercise by home rule units of powers and functions
15exercised by the State.
16(Source: P.A. 99-293, eff. 8-6-15.)
 
17    (65 ILCS 5/11-80-2b new)
18    Sec. 11-80-2b. Parking violation debt collection. The
19corporate authorities of a municipality may not collect any
20debt due or owing the municipality for a parking violation
21under Article XIII of Chapter 11 of the Illinois Vehicle Code,
22or a similar provision of a municipal ordinance, during any
23period of time that is 5 or more years after the date the last
24notice of violation is sent to the registered owner. A home
25rule municipality may not regulate debt collection in a manner

 

 

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1inconsistent with this Section. This Section is a limitation
2under subsection (i) of Section 6 of Article VII of the
3Illinois Constitution on the concurrent exercise by home rule
4units of powers and functions exercised by the State.
 
5    Section 10. The Illinois Vehicle Code is amended by
6changing Section 11-208.3 as follows:
 
7    (625 ILCS 5/11-208.3)  (from Ch. 95 1/2, par. 11-208.3)
8    (Text of Section before amendment by P.A. 101-623)
9    Sec. 11-208.3. Administrative adjudication of violations
10of traffic regulations concerning the standing, parking, or
11condition of vehicles, automated traffic law violations, and
12automated speed enforcement system violations.
13    (a) Any municipality or county may provide by ordinance for
14a system of administrative adjudication of vehicular standing
15and parking violations and vehicle compliance violations as
16described in this subsection, automated traffic law violations
17as defined in Section 11-208.6, 11-208.9, or 11-1201.1, and
18automated speed enforcement system violations as defined in
19Section 11-208.8. The administrative system shall have as its
20purpose the fair and efficient enforcement of municipal or
21county regulations through the administrative adjudication of
22automated speed enforcement system or automated traffic law
23violations and violations of municipal or county ordinances
24regulating the standing and parking of vehicles, the condition

 

 

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

 

 

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1    notice that shall specify or include the date, time, and
2    place of violation of a parking, standing, compliance,
3    automated speed enforcement system, or automated traffic
4    law regulation; the particular regulation violated; any
5    requirement to complete a traffic education program; the
6    fine and any penalty that may be assessed for late payment
7    or failure to complete a required traffic education
8    program, or both, when so provided by ordinance; the
9    vehicle make or a photograph of the vehicle; the state
10    registration number of the vehicle; and the identification
11    number of the person issuing the notice. With regard to
12    automated speed enforcement system or automated traffic
13    law violations, vehicle make shall be specified on the
14    automated speed enforcement system or automated traffic
15    law violation notice if the notice does not include a
16    photograph of the vehicle and the make is available and
17    readily discernible. With regard to municipalities or
18    counties with a population of 1 million or more, it shall
19    be grounds for dismissal of a parking violation if the
20    state registration number or vehicle make specified is
21    incorrect. The violation notice shall state that the
22    completion of any required traffic education program, the
23    payment of any indicated fine, and the payment of any
24    applicable penalty for late payment or failure to complete
25    a required traffic education program, or both, shall
26    operate as a final disposition of the violation. The notice

 

 

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1    also shall contain information as to the availability of a
2    hearing in which the violation may be contested on its
3    merits. The violation notice shall specify the time and
4    manner in which a hearing may be had.
5        (3) Service of a parking, standing, or compliance
6    violation notice by: (i) affixing the original or a
7    facsimile of the notice to an unlawfully parked or standing
8    vehicle; (ii) handing the notice to the operator of a
9    vehicle if he or she is present; or (iii) mailing the
10    notice to the address of the registered owner or lessee of
11    the cited vehicle as recorded with the Secretary of State
12    or the lessor of the motor vehicle within 30 days after the
13    Secretary of State or the lessor of the motor vehicle
14    notifies the municipality or county of the identity of the
15    owner or lessee of the vehicle, but not later than 90 days
16    after the date of the violation, except that in the case of
17    a lessee of a motor vehicle, service of a parking,
18    standing, or compliance violation notice may occur no later
19    than 210 days after the violation; and service of an
20    automated speed enforcement system or automated traffic
21    law violation notice by mail to the address of the
22    registered owner or lessee of the cited vehicle as recorded
23    with the Secretary of State or the lessor of the motor
24    vehicle within 30 days after the Secretary of State or the
25    lessor of the motor vehicle notifies the municipality or
26    county of the identity of the owner or lessee of the

 

 

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1    vehicle, but not later than 90 days after the violation,
2    except that in the case of a lessee of a motor vehicle,
3    service of an automated traffic law violation notice may
4    occur no later than 210 days after the violation. A person
5    authorized by ordinance to issue and serve parking,
6    standing, and compliance violation notices shall certify
7    as to the correctness of the facts entered on the violation
8    notice by signing his or her name to the notice at the time
9    of service or, in the case of a notice produced by a
10    computerized device, by signing a single certificate to be
11    kept by the traffic compliance administrator attesting to
12    the correctness of all notices produced by the device while
13    it was under his or her control. In the case of an
14    automated traffic law violation, the ordinance shall
15    require a determination by a technician employed or
16    contracted by the municipality or county that, based on
17    inspection of recorded images, the motor vehicle was being
18    operated in violation of Section 11-208.6, 11-208.9, or
19    11-1201.1 or a local ordinance. If the technician
20    determines that the vehicle entered the intersection as
21    part of a funeral procession or in order to yield the
22    right-of-way to an emergency vehicle, a citation shall not
23    be issued. In municipalities with a population of less than
24    1,000,000 inhabitants and counties with a population of
25    less than 3,000,000 inhabitants, the automated traffic law
26    ordinance shall require that all determinations by a

 

 

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1    technician that a motor vehicle was being operated in
2    violation of Section 11-208.6, 11-208.9, or 11-1201.1 or a
3    local ordinance must be reviewed and approved by a law
4    enforcement officer or retired law enforcement officer of
5    the municipality or county issuing the violation. In
6    municipalities with a population of 1,000,000 or more
7    inhabitants and counties with a population of 3,000,000 or
8    more inhabitants, the automated traffic law ordinance
9    shall require that all determinations by a technician that
10    a motor vehicle was being operated in violation of Section
11    11-208.6, 11-208.9, or 11-1201.1 or a local ordinance must
12    be reviewed and approved by a law enforcement officer or
13    retired law enforcement officer of the municipality or
14    county issuing the violation or by an additional fully
15    trained fully-trained reviewing technician who is not
16    employed by the contractor who employs the technician who
17    made the initial determination. In the case of an automated
18    speed enforcement system violation, the ordinance shall
19    require a determination by a technician employed by the
20    municipality, based upon an inspection of recorded images,
21    video or other documentation, including documentation of
22    the speed limit and automated speed enforcement signage,
23    and documentation of the inspection, calibration, and
24    certification of the speed equipment, that the vehicle was
25    being operated in violation of Article VI of Chapter 11 of
26    this Code or a similar local ordinance. If the technician

 

 

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1    determines that the vehicle speed was not determined by a
2    calibrated, certified speed equipment device based upon
3    the speed equipment documentation, or if the vehicle was an
4    emergency vehicle, a citation may not be issued. The
5    automated speed enforcement ordinance shall require that
6    all determinations by a technician that a violation
7    occurred be reviewed and approved by a law enforcement
8    officer or retired law enforcement officer of the
9    municipality issuing the violation or by an additional
10    fully trained reviewing technician who is not employed by
11    the contractor who employs the technician who made the
12    initial determination. Routine and independent calibration
13    of the speeds produced by automated speed enforcement
14    systems and equipment shall be conducted annually by a
15    qualified technician. Speeds produced by an automated
16    speed enforcement system shall be compared with speeds
17    produced by lidar or other independent equipment. Radar or
18    lidar equipment shall undergo an internal validation test
19    no less frequently than once each week. Qualified
20    technicians shall test loop-based loop based equipment no
21    less frequently than once a year. Radar equipment shall be
22    checked for accuracy by a qualified technician when the
23    unit is serviced, when unusual or suspect readings persist,
24    or when deemed necessary by a reviewing technician. Radar
25    equipment shall be checked with the internal frequency
26    generator and the internal circuit test whenever the radar

 

 

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1    is turned on. Technicians must be alert for any unusual or
2    suspect readings, and if unusual or suspect readings of a
3    radar unit persist, that unit shall immediately be removed
4    from service and not returned to service until it has been
5    checked by a qualified technician and determined to be
6    functioning properly. Documentation of the annual
7    calibration results, including the equipment tested, test
8    date, technician performing the test, and test results,
9    shall be maintained and available for use in the
10    determination of an automated speed enforcement system
11    violation and issuance of a citation. The technician
12    performing the calibration and testing of the automated
13    speed enforcement equipment shall be trained and certified
14    in the use of equipment for speed enforcement purposes.
15    Training on the speed enforcement equipment may be
16    conducted by law enforcement, civilian, or manufacturer's
17    personnel and if applicable may be equivalent to the
18    equipment use and operations training included in the Speed
19    Measuring Device Operator Program developed by the
20    National Highway Traffic Safety Administration (NHTSA).
21    The vendor or technician who performs the work shall keep
22    accurate records on each piece of equipment the technician
23    calibrates and tests. As used in this paragraph, "fully
24    trained fully-trained reviewing technician" means a person
25    who has received at least 40 hours of supervised training
26    in subjects which shall include image inspection and

 

 

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1    interpretation, the elements necessary to prove a
2    violation, license plate identification, and traffic
3    safety and management. In all municipalities and counties,
4    the automated speed enforcement system or automated
5    traffic law ordinance shall require that no additional fee
6    shall be charged to the alleged violator for exercising his
7    or her right to an administrative hearing, and persons
8    shall be given at least 25 days following an administrative
9    hearing to pay any civil penalty imposed by a finding that
10    Section 11-208.6, 11-208.8, 11-208.9, or 11-1201.1 or a
11    similar local ordinance has been violated. The original or
12    a facsimile of the violation notice or, in the case of a
13    notice produced by a computerized device, a printed record
14    generated by the device showing the facts entered on the
15    notice, shall be retained by the traffic compliance
16    administrator, and shall be a record kept in the ordinary
17    course of business. A parking, standing, compliance,
18    automated speed enforcement system, or automated traffic
19    law violation notice issued, signed, and served in
20    accordance with this Section, a copy of the notice, or the
21    computer-generated computer generated record shall be
22    prima facie correct and shall be prima facie evidence of
23    the correctness of the facts shown on the notice. The
24    notice, copy, or computer-generated computer generated
25    record shall be admissible in any subsequent
26    administrative or legal proceedings.

 

 

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1        (4) An opportunity for a hearing for the registered
2    owner of the vehicle cited in the parking, standing,
3    compliance, automated speed enforcement system, or
4    automated traffic law violation notice in which the owner
5    may contest the merits of the alleged violation, and during
6    which formal or technical rules of evidence shall not
7    apply; provided, however, that under Section 11-1306 of
8    this Code the lessee of a vehicle cited in the violation
9    notice likewise shall be provided an opportunity for a
10    hearing of the same kind afforded the registered owner. The
11    hearings shall be recorded, and the person conducting the
12    hearing on behalf of the traffic compliance administrator
13    shall be empowered to administer oaths and to secure by
14    subpoena both the attendance and testimony of witnesses and
15    the production of relevant books and papers. Persons
16    appearing at a hearing under this Section may be
17    represented by counsel at their expense. The ordinance may
18    also provide for internal administrative review following
19    the decision of the hearing officer.
20        (5) Service of additional notices, sent by first class
21    United States mail, postage prepaid, to the address of the
22    registered owner of the cited vehicle as recorded with the
23    Secretary of State or, if any notice to that address is
24    returned as undeliverable, to the last known address
25    recorded in a United States Post Office approved database,
26    or, under Section 11-1306 or subsection (p) of Section

 

 

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1    11-208.6 or 11-208.9, or subsection (p) of Section 11-208.8
2    of this Code, to the lessee of the cited vehicle at the
3    last address known to the lessor of the cited vehicle at
4    the time of lease or, if any notice to that address is
5    returned as undeliverable, to the last known address
6    recorded in a United States Post Office approved database.
7    The service shall be deemed complete as of the date of
8    deposit in the United States mail. The notices shall be in
9    the following sequence and shall include, but not be
10    limited to, the information specified herein:
11            (i) A second notice of parking, standing, or
12        compliance violation if the first notice of the
13        violation was issued by affixing the original or a
14        facsimile of the notice to the unlawfully parked
15        vehicle or by handing the notice to the operator. This
16        notice shall specify or include the date and location
17        of the violation cited in the parking, standing, or
18        compliance violation notice, the particular regulation
19        violated, the vehicle make or a photograph of the
20        vehicle, the state registration number of the vehicle,
21        any requirement to complete a traffic education
22        program, the fine and any penalty that may be assessed
23        for late payment or failure to complete a traffic
24        education program, or both, when so provided by
25        ordinance, the availability of a hearing in which the
26        violation may be contested on its merits, and the time

 

 

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

 

 

HB4459- 20 -LRB101 17991 AWJ 67429 b

1        county. The notice shall contain warnings that failure
2        to complete any required traffic education program or
3        to pay any fine or penalty due and owing the
4        municipality or county, or both, within the time
5        specified may result in the municipality's or county's
6        filing of a petition in the Circuit Court to have the
7        incomplete traffic education program or unpaid fine or
8        penalty, or both, rendered a judgment as provided by
9        this Section, or may result in suspension of the
10        person's driver's drivers license for failure to
11        complete a traffic education program or to pay fines or
12        penalties, or both, for 10 or more parking violations
13        under Section 6-306.5, or a combination of 5 or more
14        automated traffic law violations under Section
15        11-208.6 or 11-208.9 or automated speed enforcement
16        system violations under Section 11-208.8.
17        (6) A notice of impending driver's drivers license
18    suspension. This notice shall be sent to the person liable
19    for failure to complete a required traffic education
20    program or to pay any fine or penalty that remains due and
21    owing, or both, on 10 or more parking violations or
22    combination of 5 or more unpaid automated speed enforcement
23    system or automated traffic law violations. The notice
24    shall state that failure to complete a required traffic
25    education program or to pay the fine or penalty owing, or
26    both, within 45 days of the notice's date will result in

 

 

HB4459- 21 -LRB101 17991 AWJ 67429 b

1    the municipality or county notifying the Secretary of State
2    that the person is eligible for initiation of suspension
3    proceedings under Section 6-306.5 of this Code. The notice
4    shall also state that the person may obtain a photostatic
5    copy of an original ticket imposing a fine or penalty by
6    sending a self-addressed self addressed, stamped envelope
7    to the municipality or county along with a request for the
8    photostatic copy. The notice of impending driver's drivers
9    license suspension shall be sent by first class United
10    States mail, postage prepaid, to the address recorded with
11    the Secretary of State or, if any notice to that address is
12    returned as undeliverable, to the last known address
13    recorded in a United States Post Office approved database.
14        (7) Final determinations of violation liability. A
15    final determination of violation liability shall occur
16    following failure to complete the required traffic
17    education program or to pay the fine or penalty, or both,
18    after a hearing officer's determination of violation
19    liability and the exhaustion of or failure to exhaust any
20    administrative review procedures provided by ordinance.
21    Where a person fails to appear at a hearing to contest the
22    alleged violation in the time and manner specified in a
23    prior mailed notice, the hearing officer's determination
24    of violation liability shall become final: (A) upon denial
25    of a timely petition to set aside that determination, or
26    (B) upon expiration of the period for filing the petition

 

 

HB4459- 22 -LRB101 17991 AWJ 67429 b

1    without a filing having been made.
2        (8) A petition to set aside a determination of parking,
3    standing, compliance, automated speed enforcement system,
4    or automated traffic law violation liability that may be
5    filed by a person owing an unpaid fine or penalty. A
6    petition to set aside a determination of liability may also
7    be filed by a person required to complete a traffic
8    education program. The petition shall be filed with and
9    ruled upon by the traffic compliance administrator in the
10    manner and within the time specified by ordinance. The
11    grounds for the petition may be limited to: (A) the person
12    not having been the owner or lessee of the cited vehicle on
13    the date the violation notice was issued, (B) the person
14    having already completed the required traffic education
15    program or paid the fine or penalty, or both, for the
16    violation in question, and (C) excusable failure to appear
17    at or request a new date for a hearing. With regard to
18    municipalities or counties with a population of 1 million
19    or more, it shall be grounds for dismissal of a parking
20    violation if the state registration number or vehicle make,
21    only if specified in the violation notice, is incorrect.
22    After the determination of parking, standing, compliance,
23    automated speed enforcement system, or automated traffic
24    law violation liability has been set aside upon a showing
25    of just cause, the registered owner shall be provided with
26    a hearing on the merits for that violation.

 

 

HB4459- 23 -LRB101 17991 AWJ 67429 b

1        (9) Procedures for non-residents. Procedures by which
2    persons who are not residents of the municipality or county
3    may contest the merits of the alleged violation without
4    attending a hearing.
5        (10) A schedule of civil fines for violations of
6    vehicular standing, parking, compliance, automated speed
7    enforcement system, or automated traffic law regulations
8    enacted by ordinance pursuant to this Section, and a
9    schedule of penalties for late payment of the fines or
10    failure to complete required traffic education programs,
11    provided, however, that the total amount of the fine and
12    penalty for any one violation shall not exceed $250, except
13    as provided in subsection (c) of Section 11-1301.3 of this
14    Code.
15        (11) Other provisions as are necessary and proper to
16    carry into effect the powers granted and purposes stated in
17    this Section.
18    (c) Any municipality or county establishing vehicular
19standing, parking, compliance, automated speed enforcement
20system, or automated traffic law regulations under this Section
21may also provide by ordinance for a program of vehicle
22immobilization for the purpose of facilitating enforcement of
23those regulations. The program of vehicle immobilization shall
24provide for immobilizing any eligible vehicle upon the public
25way by presence of a restraint in a manner to prevent operation
26of the vehicle. Any ordinance establishing a program of vehicle

 

 

HB4459- 24 -LRB101 17991 AWJ 67429 b

1immobilization under this Section shall provide:
2        (1) Criteria for the designation of vehicles eligible
3    for immobilization. A vehicle shall be eligible for
4    immobilization when the registered owner of the vehicle has
5    accumulated the number of incomplete traffic education
6    programs or unpaid final determinations of parking,
7    standing, compliance, automated speed enforcement system,
8    or automated traffic law violation liability, or both, as
9    determined by ordinance.
10        (2) A notice of impending vehicle immobilization and a
11    right to a hearing to challenge the validity of the notice
12    by disproving liability for the incomplete traffic
13    education programs or unpaid final determinations of
14    parking, standing, compliance, automated speed enforcement
15    system, or automated traffic law violation liability, or
16    both, listed on the notice.
17        (3) The right to a prompt hearing after a vehicle has
18    been immobilized or subsequently towed without the
19    completion of the required traffic education program or
20    payment of the outstanding fines and penalties on parking,
21    standing, compliance, automated speed enforcement system,
22    or automated traffic law violations, or both, for which
23    final determinations have been issued. An order issued
24    after the hearing is a final administrative decision within
25    the meaning of Section 3-101 of the Code of Civil
26    Procedure.

 

 

HB4459- 25 -LRB101 17991 AWJ 67429 b

1        (4) A post immobilization and post-towing notice
2    advising the registered owner of the vehicle of the right
3    to a hearing to challenge the validity of the impoundment.
4    (d) Judicial review of final determinations of parking,
5standing, compliance, automated speed enforcement system, or
6automated traffic law violations and final administrative
7decisions issued after hearings regarding vehicle
8immobilization and impoundment made under this Section shall be
9subject to the provisions of the Administrative Review Law.
10    (e) Any fine, penalty, incomplete traffic education
11program, or part of any fine or any penalty remaining unpaid
12after the exhaustion of, or the failure to exhaust,
13administrative remedies created under this Section and the
14conclusion of any judicial review procedures shall be a debt
15due and owing the municipality or county and, as such, may be
16collected in accordance with applicable law. Completion of any
17required traffic education program and payment in full of any
18fine or penalty resulting from a standing, parking, compliance,
19automated speed enforcement system, or automated traffic law
20violation shall constitute a final disposition of that
21violation.
22    (f) After the expiration of the period within which
23judicial review may be sought for a final determination of
24parking, standing, compliance, automated speed enforcement
25system, or automated traffic law violation, the municipality or
26county may commence a proceeding in the Circuit Court for

 

 

HB4459- 26 -LRB101 17991 AWJ 67429 b

1purposes of obtaining a judgment on the final determination of
2violation. Nothing in this Section shall prevent a municipality
3or county from consolidating multiple final determinations of
4parking, standing, compliance, automated speed enforcement
5system, or automated traffic law violations against a person in
6a proceeding. Upon commencement of the action, the municipality
7or county shall file a certified copy or record of the final
8determination of parking, standing, compliance, automated
9speed enforcement system, or automated traffic law violation,
10which shall be accompanied by a certification that recites
11facts sufficient to show that the final determination of
12violation was issued in accordance with this Section and the
13applicable municipal or county ordinance. Service of the
14summons and a copy of the petition may be by any method
15provided by Section 2-203 of the Code of Civil Procedure or by
16certified mail, return receipt requested, provided that the
17total amount of fines and penalties for final determinations of
18parking, standing, compliance, automated speed enforcement
19system, or automated traffic law violations does not exceed
20$2500. If the court is satisfied that the final determination
21of parking, standing, compliance, automated speed enforcement
22system, or automated traffic law violation was entered in
23accordance with the requirements of this Section and the
24applicable municipal or county ordinance, and that the
25registered owner or the lessee, as the case may be, had an
26opportunity for an administrative hearing and for judicial

 

 

HB4459- 27 -LRB101 17991 AWJ 67429 b

1review as provided in this Section, the court shall render
2judgment in favor of the municipality or county and against the
3registered owner or the lessee for the amount indicated in the
4final determination of parking, standing, compliance,
5automated speed enforcement system, or automated traffic law
6violation, plus costs. The judgment shall have the same effect
7and may be enforced in the same manner as other judgments for
8the recovery of money.
9    (g) The fee for participating in a traffic education
10program under this Section shall not exceed $25.
11    A low-income individual required to complete a traffic
12education program under this Section who provides proof of
13eligibility for the federal earned income tax credit under
14Section 32 of the Internal Revenue Code or the Illinois earned
15income tax credit under Section 212 of the Illinois Income Tax
16Act shall not be required to pay any fee for participating in a
17required traffic education program.
18(Source: P.A. 101-32, eff. 6-28-19; revised 1-21-20.)
 
19    (Text of Section after amendment by P.A. 101-623)
20    Sec. 11-208.3. Administrative adjudication of violations
21of traffic regulations concerning the standing, parking, or
22condition of vehicles, automated traffic law violations, and
23automated speed enforcement system violations.
24    (a) Any municipality or county may provide by ordinance for
25a system of administrative adjudication of vehicular standing

 

 

HB4459- 28 -LRB101 17991 AWJ 67429 b

1and parking violations and vehicle compliance violations as
2described in this subsection, automated traffic law violations
3as defined in Section 11-208.6, 11-208.9, or 11-1201.1, and
4automated speed enforcement system violations as defined in
5Section 11-208.8. The administrative system shall have as its
6purpose the fair and efficient enforcement of municipal or
7county regulations through the administrative adjudication of
8automated speed enforcement system or automated traffic law
9violations and violations of municipal or county ordinances
10regulating the standing and parking of vehicles, the condition
11and use of vehicle equipment, and the display of municipal or
12county wheel tax licenses within the municipality's or county's
13borders. The administrative system shall only have authority to
14adjudicate civil offenses carrying fines not in excess of $500
15or requiring the completion of a traffic education program, or
16both, that occur after the effective date of the ordinance
17adopting such a system under this Section. For purposes of this
18Section, "compliance violation" means a violation of a
19municipal or county regulation governing the condition or use
20of equipment on a vehicle or governing the display of a
21municipal or county wheel tax license.
22    (b) Any ordinance establishing a system of administrative
23adjudication under this Section shall provide for:
24        (1) A traffic compliance administrator authorized to
25    adopt, distribute, and process parking, compliance, and
26    automated speed enforcement system or automated traffic

 

 

HB4459- 29 -LRB101 17991 AWJ 67429 b

1    law violation notices and other notices required by this
2    Section, collect money paid as fines and penalties for
3    violation of parking and compliance ordinances and
4    automated speed enforcement system or automated traffic
5    law violations, and operate an administrative adjudication
6    system. The traffic compliance administrator also may make
7    a certified report to the Secretary of State under Section
8    6-306.5.
9        (2) A parking, standing, compliance, automated speed
10    enforcement system, or automated traffic law violation
11    notice that shall specify or include the date, time, and
12    place of violation of a parking, standing, compliance,
13    automated speed enforcement system, or automated traffic
14    law regulation; the particular regulation violated; any
15    requirement to complete a traffic education program; the
16    fine and any penalty that may be assessed for late payment
17    or failure to complete a required traffic education
18    program, or both, when so provided by ordinance; the
19    vehicle make or a photograph of the vehicle; the state
20    registration number of the vehicle; and the identification
21    number of the person issuing the notice. With regard to
22    automated speed enforcement system or automated traffic
23    law violations, vehicle make shall be specified on the
24    automated speed enforcement system or automated traffic
25    law violation notice if the notice does not include a
26    photograph of the vehicle and the make is available and

 

 

HB4459- 30 -LRB101 17991 AWJ 67429 b

1    readily discernible. With regard to municipalities or
2    counties with a population of 1 million or more, it shall
3    be grounds for dismissal of a parking violation if the
4    state registration number or vehicle make specified is
5    incorrect. The violation notice shall state that the
6    completion of any required traffic education program, the
7    payment of any indicated fine, and the payment of any
8    applicable penalty for late payment or failure to complete
9    a required traffic education program, or both, shall
10    operate as a final disposition of the violation. The notice
11    also shall contain information as to the availability of a
12    hearing in which the violation may be contested on its
13    merits. The violation notice shall specify the time and
14    manner in which a hearing may be had.
15        (3) Service of a parking, standing, or compliance
16    violation notice by: (i) affixing the original or a
17    facsimile of the notice to an unlawfully parked or standing
18    vehicle; (ii) handing the notice to the operator of a
19    vehicle if he or she is present; or (iii) mailing the
20    notice to the address of the registered owner or lessee of
21    the cited vehicle as recorded with the Secretary of State
22    or the lessor of the motor vehicle within 30 days after the
23    Secretary of State or the lessor of the motor vehicle
24    notifies the municipality or county of the identity of the
25    owner or lessee of the vehicle, but not later than 90 days
26    after the date of the violation, except that in the case of

 

 

HB4459- 31 -LRB101 17991 AWJ 67429 b

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

 

 

HB4459- 32 -LRB101 17991 AWJ 67429 b

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

 

 

HB4459- 33 -LRB101 17991 AWJ 67429 b

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

 

 

HB4459- 34 -LRB101 17991 AWJ 67429 b

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

 

 

HB4459- 35 -LRB101 17991 AWJ 67429 b

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

 

 

HB4459- 36 -LRB101 17991 AWJ 67429 b

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

 

 

HB4459- 37 -LRB101 17991 AWJ 67429 b

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

 

 

HB4459- 38 -LRB101 17991 AWJ 67429 b

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

 

 

HB4459- 39 -LRB101 17991 AWJ 67429 b

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

 

 

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

 

 

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

 

 

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

 

 

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1    (c) Any municipality or county establishing vehicular
2standing, parking, compliance, automated speed enforcement
3system, or automated traffic law regulations under this Section
4may also provide by ordinance for a program of vehicle
5immobilization for the purpose of facilitating enforcement of
6those regulations. The program of vehicle immobilization shall
7provide for immobilizing any eligible vehicle upon the public
8way by presence of a restraint in a manner to prevent operation
9of the vehicle. Any ordinance establishing a program of vehicle
10immobilization under this Section shall provide:
11        (1) Criteria for the designation of vehicles eligible
12    for immobilization. A vehicle shall be eligible for
13    immobilization when the registered owner of the vehicle has
14    accumulated the number of incomplete traffic education
15    programs or unpaid final determinations of parking,
16    standing, compliance, automated speed enforcement system,
17    or automated traffic law violation liability, or both, as
18    determined by ordinance.
19        (2) A notice of impending vehicle immobilization and a
20    right to a hearing to challenge the validity of the notice
21    by disproving liability for the incomplete traffic
22    education programs or unpaid final determinations of
23    parking, standing, compliance, automated speed enforcement
24    system, or automated traffic law violation liability, or
25    both, listed on the notice.
26        (3) The right to a prompt hearing after a vehicle has

 

 

HB4459- 44 -LRB101 17991 AWJ 67429 b

1    been immobilized or subsequently towed without the
2    completion of the required traffic education program or
3    payment of the outstanding fines and penalties on parking,
4    standing, compliance, automated speed enforcement system,
5    or automated traffic law violations, or both, for which
6    final determinations have been issued. An order issued
7    after the hearing is a final administrative decision within
8    the meaning of Section 3-101 of the Code of Civil
9    Procedure.
10        (4) A post immobilization and post-towing notice
11    advising the registered owner of the vehicle of the right
12    to a hearing to challenge the validity of the impoundment.
13    (d) Judicial review of final determinations of parking,
14standing, compliance, automated speed enforcement system, or
15automated traffic law violations and final administrative
16decisions issued after hearings regarding vehicle
17immobilization and impoundment made under this Section shall be
18subject to the provisions of the Administrative Review Law.
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. A municipality or county may not collect any debt
5due or owing under this Section for a parking violation under
6Article XIII of this Chapter during any period of time that is
75 or more years after the date the last notice of violation is
8sent under subsection (b) of this Section. A home rule unit may
9not regulate debt collection in a manner inconsistent with this
10subsection (e). This subsection is a limitation under
11subsection (i) of Section 6 of Article VII of the Illinois
12Constitution on the concurrent exercise by home rule units of
13powers and functions exercised by the State.
14    (f) After the expiration of the period within which
15judicial review may be sought for a final determination of
16parking, standing, compliance, automated speed enforcement
17system, or automated traffic law violation, the municipality or
18county may commence a proceeding in the Circuit Court for
19purposes of obtaining a judgment on the final determination of
20violation. Nothing in this Section shall prevent a municipality
21or county from consolidating multiple final determinations of
22parking, standing, compliance, automated speed enforcement
23system, or automated traffic law violations against a person in
24a proceeding. Upon commencement of the action, the municipality
25or county shall file a certified copy or record of the final
26determination of parking, standing, compliance, automated

 

 

HB4459- 46 -LRB101 17991 AWJ 67429 b

1speed enforcement system, or automated traffic law violation,
2which shall be accompanied by a certification that recites
3facts sufficient to show that the final determination of
4violation was issued in accordance with this Section and the
5applicable municipal or county ordinance. Service of the
6summons and a copy of the petition may be by any method
7provided by Section 2-203 of the Code of Civil Procedure or by
8certified mail, return receipt requested, provided that the
9total amount of fines and penalties for final determinations of
10parking, standing, compliance, automated speed enforcement
11system, or automated traffic law violations does not exceed
12$2500. If the court is satisfied that the final determination
13of parking, standing, compliance, automated speed enforcement
14system, or automated traffic law violation was entered in
15accordance with the requirements of this Section and the
16applicable municipal or county ordinance, and that the
17registered owner or the lessee, as the case may be, had an
18opportunity for an administrative hearing and for judicial
19review as provided in this Section, the court shall render
20judgment in favor of the municipality or county and against the
21registered owner or the lessee for the amount indicated in the
22final determination of parking, standing, compliance,
23automated speed enforcement system, or automated traffic law
24violation, plus costs. The judgment shall have the same effect
25and may be enforced in the same manner as other judgments for
26the recovery of money.

 

 

HB4459- 47 -LRB101 17991 AWJ 67429 b

1    (g) The fee for participating in a traffic education
2program under this Section shall not exceed $25.
3    A low-income individual required to complete a traffic
4education program under this Section who provides proof of
5eligibility for the federal earned income tax credit under
6Section 32 of the Internal Revenue Code or the Illinois earned
7income tax credit under Section 212 of the Illinois Income Tax
8Act shall not be required to pay any fee for participating in a
9required traffic education program.
10(Source: P.A. 101-32, eff. 6-28-19; 101-623, eff. 7-1-20;
11revised 1-21-20.)
 
12    Section 95. No acceleration or delay. Where this Act makes
13changes in a statute that is represented in this Act by text
14that is not yet or no longer in effect (for example, a Section
15represented by multiple versions), the use of that text does
16not accelerate or delay the taking effect of (i) the changes
17made by this Act or (ii) provisions derived from any other
18Public Act.