Illinois General Assembly - Full Text of HB0091
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Full Text of HB0091  102nd General Assembly

HB0091 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0091

 

Introduced 1/14/2021, by Rep. Mary E. Flowers

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/11-208.3  from Ch. 95 1/2, par. 11-208.3

    Amends the Illinois Vehicle Code. Provides that any ordinance establishing a system of administrative adjudication shall provide for the service of notices (rather than "additional notices") to the address of the registered owner of the cited vehicle.


LRB102 03778 HEP 13791 b

 

 

A BILL FOR

 

HB0091LRB102 03778 HEP 13791 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by
5changing Section 11-208.3 as follows:
 
6    (625 ILCS 5/11-208.3)  (from Ch. 95 1/2, par. 11-208.3)
7    Sec. 11-208.3. Administrative adjudication of violations
8of traffic regulations concerning the standing, parking, or
9condition of vehicles, automated traffic law violations, and
10automated speed enforcement system violations.
11    (a) Any municipality or county may provide by ordinance
12for a system of administrative adjudication of vehicular
13standing and parking violations and vehicle compliance
14violations as described in this subsection, automated traffic
15law violations as defined in Section 11-208.6, 11-208.9, or
1611-1201.1, and automated speed enforcement system violations
17as defined in Section 11-208.8. The administrative system
18shall have as its purpose the fair and efficient enforcement
19of municipal or county regulations through the administrative
20adjudication of automated speed enforcement system or
21automated traffic law violations and violations of municipal
22or county ordinances regulating the standing and parking of
23vehicles, the condition and use of vehicle equipment, and the

 

 

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1display of municipal or county wheel tax licenses within the
2municipality's or county's borders. The administrative system
3shall only have authority to adjudicate civil offenses
4carrying fines not in excess of $500 or requiring the
5completion of a traffic education program, or both, that occur
6after the effective date of the ordinance adopting such a
7system under this Section. For purposes of this Section,
8"compliance violation" means a violation of a municipal or
9county regulation governing the condition or use of equipment
10on a vehicle or governing the display of a municipal or county
11wheel 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

 

 

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1    notice also shall contain information as to the
2    availability of a hearing in which the violation may be
3    contested on its merits. The violation notice shall
4    specify the time and 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
8    standing vehicle; (ii) handing the notice to the operator
9    of a 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
19    later 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
23    recorded with the Secretary of State or the lessor of the
24    motor vehicle within 30 days after the Secretary of State
25    or the lessor of the motor vehicle notifies the
26    municipality or county of the identity of the owner or

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    least 40 hours of supervised training in subjects which
2    shall include image inspection and interpretation, the
3    elements necessary to prove a violation, license plate
4    identification, and traffic safety and management. In all
5    municipalities and counties, the automated speed
6    enforcement system or automated traffic law ordinance
7    shall require that no additional fee shall be charged to
8    the alleged violator for exercising his or her right to an
9    administrative hearing, and persons shall be given at
10    least 25 days following an administrative hearing to pay
11    any civil penalty imposed by a finding that Section
12    11-208.6, 11-208.8, 11-208.9, or 11-1201.1 or a similar
13    local ordinance has been violated. The original or a
14    facsimile of the violation notice or, in the case of a
15    notice produced by a computerized device, a printed record
16    generated by the device showing the facts entered on the
17    notice, shall be retained by the traffic compliance
18    administrator, and shall be a record kept in the ordinary
19    course of business. A parking, standing, compliance,
20    automated speed enforcement system, or automated traffic
21    law violation notice issued, signed, and served in
22    accordance with this Section, a copy of the notice, or the
23    computer-generated computer generated record shall be
24    prima facie correct and shall be prima facie evidence of
25    the correctness of the facts shown on the notice. The
26    notice, copy, or computer-generated computer generated

 

 

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

 

 

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1    recorded in a United States Post Office approved database,
2    or, under Section 11-1306 or subsection (p) of Section
3    11-208.6 or 11-208.9, or subsection (p) of Section
4    11-208.8 of this Code, to the lessee of the cited vehicle
5    at the last address known to the lessor of the cited
6    vehicle at the time of lease or, if any notice to that
7    address is returned as undeliverable, to the last known
8    address recorded in a United States Post Office approved
9    database. The service shall be deemed complete as of the
10    date of deposit in the United States mail. The notices
11    shall be in the following sequence and shall include, but
12    not be limited to, the information specified herein:
13            (i) A second notice of parking, standing, or
14        compliance violation if the first notice of the
15        violation was issued by affixing the original or a
16        facsimile of the notice to the unlawfully parked
17        vehicle or by handing the notice to the operator. This
18        notice shall specify or include the date and location
19        of the violation cited in the parking, standing, or
20        compliance violation notice, the particular regulation
21        violated, the vehicle make or a photograph of the
22        vehicle, the state registration number of the vehicle,
23        any requirement to complete a traffic education
24        program, the fine and any penalty that may be assessed
25        for late payment or failure to complete a traffic
26        education program, or both, when so provided by

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    within the meaning of Section 3-101 of the Code of Civil
2    Procedure.
3        (4) A post immobilization and post-towing notice
4    advising the registered owner of the vehicle of the right
5    to a hearing to challenge the validity of the impoundment.
6    (d) Judicial review of final determinations of parking,
7standing, compliance, automated speed enforcement system, or
8automated traffic law violations and final administrative
9decisions issued after hearings regarding vehicle
10immobilization and impoundment made under this Section shall
11be subject to the provisions of the Administrative Review Law.
12    (e) Any fine, penalty, incomplete traffic education
13program, or part of any fine or any penalty remaining unpaid
14after the exhaustion of, or the failure to exhaust,
15administrative remedies created under this Section and the
16conclusion of any judicial review procedures shall be a debt
17due and owing the municipality or county and, as such, may be
18collected in accordance with applicable law. Completion of any
19required traffic education program and payment in full of any
20fine or penalty resulting from a standing, parking,
21compliance, automated speed enforcement system, or automated
22traffic law violation shall constitute a final disposition of
23that violation.
24    (f) After the expiration of the period within which
25judicial review may be sought for a final determination of
26parking, standing, compliance, automated speed enforcement

 

 

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

 

 

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