Full Text of HB0756 98th General Assembly
HB0756ham004 98TH GENERAL ASSEMBLY | Rep. Monique D. Davis Filed: 4/15/2013
| | 09800HB0756ham004 | | LRB098 03581 MLW 44551 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 756
| 2 | | AMENDMENT NO. ______. Amend House Bill 756 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Vehicle Code is amended by | 5 | | changing Sections 4-211, 11-208.3, and 11-208.7 as follows:
| 6 | | (625 ILCS 5/4-211) (from Ch. 95 1/2, par. 4-211)
| 7 | | Sec. 4-211. Disposition of proceeds of sale of unclaimed | 8 | | vehicles.
| 9 | | (a) When a vehicle located within the corporate limits of a | 10 | | city,
village or town is authorized to be towed away by a law | 11 | | enforcement agency
having jurisdiction and disposed of as set | 12 | | forth in this Chapter, the
proceeds of the public sale or | 13 | | disposition after the deduction of towing,
storage and | 14 | | processing charges shall be deposited in the treasury of such
| 15 | | city, village or town. Furthermore, any proceeds from the | 16 | | public sale of the vehicle shall be applied to any fines, fees, |
| | | 09800HB0756ham004 | - 2 - | LRB098 03581 MLW 44551 a |
|
| 1 | | or other costs associated with that vehicle which are due and | 2 | | owing to the county or municipality that performed the sale or | 3 | | disposition from the person who was the registered owner of the | 4 | | vehicle at the time of its tow, impoundment, or immobilization. | 5 | | If the proceeds of this sale are not enough to satisfy the | 6 | | fines, fees, and other costs the remainder shall not be | 7 | | discharged. The county or municipality that sells or disposes | 8 | | of the vehicle shall not be responsible to any other county or | 9 | | municipality for any outstanding fines or fees associated with | 10 | | the owner of that vehicle.
| 11 | | (b) When a vehicle located outside the corporate limits of | 12 | | a city,
village or town is authorized to be towed away by a law | 13 | | enforcement agency
having jurisdiction and disposed of as set | 14 | | forth in this Chapter, the
proceeds of the public sale or | 15 | | disposition, after deducting towing, storage
and processing | 16 | | costs shall be deposited in the county treasury of the
county | 17 | | where the vehicle was located at the time of the tow.
| 18 | | (c) The provisions of this Section shall not apply to | 19 | | vehicles disposed
of or sold at public sale under subsection | 20 | | (k) of Section 4-107 of this Code.
| 21 | | (Source: P.A. 83-830.)
| 22 | | (625 ILCS 5/11-208.3) (from Ch. 95 1/2, par. 11-208.3)
| 23 | | Sec. 11-208.3. Administrative adjudication of violations | 24 | | of traffic
regulations concerning the standing, parking, or | 25 | | condition of
vehicles, automated traffic law violations, and |
| | | 09800HB0756ham004 | - 3 - | LRB098 03581 MLW 44551 a |
|
| 1 | | automated speed enforcement system violations.
| 2 | | (a) Any municipality or county may provide by ordinance for | 3 | | a system of
administrative adjudication of vehicular standing | 4 | | and parking violations and
vehicle compliance violations as | 5 | | described in this subsection, automated traffic law violations | 6 | | as defined in Section 11-208.6 or 11-1201.1, and automated | 7 | | speed enforcement system violations as defined in Section | 8 | | 11-208.8.
The administrative system shall have as its purpose | 9 | | the fair and
efficient enforcement of municipal or county | 10 | | regulations through the
administrative adjudication of | 11 | | automated speed enforcement system or automated traffic law | 12 | | violations and violations of municipal or county ordinances
| 13 | | regulating the standing and parking of vehicles, the condition | 14 | | and use of
vehicle equipment, and the display of municipal or | 15 | | county wheel tax licenses within the
municipality's
or county's | 16 | | borders. The administrative system shall only have authority to | 17 | | adjudicate
civil offenses carrying fines not in excess of $500 | 18 | | or requiring the completion of a traffic education program, or | 19 | | both, that occur after the
effective date of the ordinance | 20 | | adopting such a system under this Section.
For purposes of this | 21 | | Section, "compliance violation" means a violation of a
| 22 | | municipal or county regulation governing the condition or use | 23 | | of equipment on a vehicle
or governing the display of a | 24 | | municipal or county wheel tax license.
| 25 | | (b) Any ordinance establishing a system of administrative | 26 | | adjudication
under this Section shall provide for:
|
| | | 09800HB0756ham004 | - 4 - | LRB098 03581 MLW 44551 a |
|
| 1 | | (1) A traffic compliance administrator authorized to
| 2 | | adopt, distribute and
process parking, compliance, and | 3 | | automated speed enforcement system or automated traffic | 4 | | law violation notices and other notices required
by this
| 5 | | Section, collect money paid as fines and penalties for | 6 | | violation of parking
and compliance
ordinances and | 7 | | automated speed enforcement system or automated traffic | 8 | | law violations, and operate an administrative adjudication | 9 | | system. The traffic
compliance
administrator also may make | 10 | | a certified report to the Secretary of State
under Section | 11 | | 6-306.5.
| 12 | | (2) A parking, standing, compliance, automated speed | 13 | | enforcement system, or automated traffic law violation | 14 | | notice
that
shall specify the date,
time, and place of | 15 | | violation of a parking, standing,
compliance, automated | 16 | | speed enforcement system, or automated traffic law
| 17 | | regulation; the particular regulation
violated; any | 18 | | requirement to complete a traffic education program; the | 19 | | fine and any penalty that may be assessed for late payment | 20 | | or failure to complete a required traffic education | 21 | | program, or both,
when so provided by ordinance; the | 22 | | vehicle make and state registration
number; and the | 23 | | identification number of the
person issuing the notice.
| 24 | | With regard to automated speed enforcement system or | 25 | | automated traffic law violations, vehicle make shall be | 26 | | specified on the automated speed enforcement system or |
| | | 09800HB0756ham004 | - 5 - | LRB098 03581 MLW 44551 a |
|
| 1 | | automated traffic law violation notice if the make is | 2 | | available and readily discernible. With regard to | 3 | | municipalities or counties with a population of 1 million | 4 | | or more, it
shall be grounds for
dismissal of a parking
| 5 | | violation if the state registration number or vehicle make | 6 | | specified is
incorrect. The violation notice shall state | 7 | | that the completion of any required traffic education | 8 | | program, the payment of any indicated
fine, and the payment | 9 | | of any applicable penalty for late payment or failure to | 10 | | complete a required traffic education program, or both, | 11 | | shall operate as a
final disposition of the violation. The | 12 | | notice also shall contain
information as to the | 13 | | availability of a hearing in which the violation may
be | 14 | | contested on its merits. The violation notice shall specify | 15 | | the
time and manner in which a hearing may be had.
| 16 | | (3) Service of the parking, standing, or compliance
| 17 | | violation notice by affixing the
original or a facsimile of | 18 | | the notice to an unlawfully parked vehicle or by
handing | 19 | | the notice to the operator of a vehicle if he or she is
| 20 | | present and service of an automated speed enforcement | 21 | | system or automated traffic law violation notice by mail to | 22 | | the
address
of the registered owner or lessee of the cited | 23 | | vehicle as recorded with the Secretary of
State or the | 24 | | lessor of the motor vehicle within 30 days after the | 25 | | Secretary of State or the lessor of the motor vehicle | 26 | | notifies the municipality or county of the identity of the |
| | | 09800HB0756ham004 | - 6 - | LRB098 03581 MLW 44551 a |
|
| 1 | | owner or lessee of the vehicle, but not later than 90 days | 2 | | after the violation, except that in the case of a lessee of | 3 | | a motor vehicle, service of an automated traffic law | 4 | | violation 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
on | 8 | | 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 violation, | 15 | | the ordinance shall
require
a
determination by a technician | 16 | | employed or contracted by the municipality or county that,
| 17 | | based on inspection of recorded images, the motor vehicle | 18 | | was being operated in
violation of Section 11-208.6 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 |
| | | 09800HB0756ham004 | - 7 - | LRB098 03581 MLW 44551 a |
|
| 1 | | technician that a motor vehicle was being operated in
| 2 | | violation of Section 11-208.6 or 11-1201.1 or a local | 3 | | 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 or 11-1201.1 or a local ordinance must be reviewed | 12 | | and approved by a law enforcement officer or retired law | 13 | | enforcement officer of the municipality or county issuing | 14 | | the violation or by an additional fully-trained reviewing | 15 | | technician who is not employed by the contractor who | 16 | | employs the technician who made the initial determination. | 17 | | In the case of an automated speed enforcement system | 18 | | violation, the ordinance shall require a determination by a | 19 | | technician employed by the municipality, based upon an | 20 | | inspection of recorded images, video or other | 21 | | documentation, including documentation of the speed limit | 22 | | and automated speed enforcement signage, and documentation | 23 | | of the inspection, calibration, and certification of the | 24 | | speed equipment, that the vehicle was being operated in | 25 | | violation of Article VI of Chapter 11 of this Code or a | 26 | | similar local ordinance. If the technician determines that |
| | | 09800HB0756ham004 | - 8 - | LRB098 03581 MLW 44551 a |
|
| 1 | | the vehicle speed was not determined by a calibrated, | 2 | | certified speed equipment device based upon the speed | 3 | | equipment documentation, or if the vehicle was an emergency | 4 | | vehicle, a citation may not be issued. The automated speed | 5 | | enforcement ordinance shall require that all | 6 | | determinations by a technician that a violation occurred be | 7 | | reviewed and approved by a law enforcement officer or | 8 | | retired law enforcement officer of the municipality | 9 | | issuing the violation or by an additional fully trained | 10 | | reviewing technician who is not employed by the contractor | 11 | | who employs the technician who made the initial | 12 | | determination. Routine and independent calibration of the | 13 | | speeds produced by automated speed enforcement systems and | 14 | | equipment shall be conducted by a qualified technician. | 15 | | Speeds produced by an automated speed enforcement system | 16 | | shall be compared with speeds produced by lidar or other | 17 | | independent equipment. Qualified technicians shall test | 18 | | radar or lidar equipment no less frequently than once each | 19 | | week, and shall test loop based equipment no less | 20 | | frequently than once a year. Radar equipment shall be | 21 | | checked for accuracy by a qualified technician when the | 22 | | unit is serviced, when unusual or suspect readings persist, | 23 | | or when deemed necessary by a reviewing technician. Radar | 24 | | equipment shall be checked with certified tuning forks, the | 25 | | internal circuit test, and diode display test whenever the | 26 | | radar is turned on. Technicians must be alert for any |
| | | 09800HB0756ham004 | - 9 - | LRB098 03581 MLW 44551 a |
|
| 1 | | unusual or suspect readings, and if unusual or suspect | 2 | | readings of a radar unit persist, that unit shall | 3 | | immediately be removed from service and not returned to | 4 | | service until it has been checked by a qualified technician | 5 | | and determined to be functioning properly. Documentation | 6 | | of the calibration results, including the equipment | 7 | | tested, test date, technician performing the test, and test | 8 | | results, shall be maintained and available for use in the | 9 | | determination of an automated speed enforcement system | 10 | | violation and issuance of a citation. The technician | 11 | | performing the calibration and testing of the automated | 12 | | speed enforcement equipment shall be trained and certified | 13 | | in the use of equipment for speed enforcement purposes. | 14 | | Training on the speed enforcement equipment may be | 15 | | conducted by law enforcement, civilian, or manufacturer's | 16 | | personnel and shall be equivalent to the equipment use and | 17 | | operations training included in the Speed Measuring Device | 18 | | Operator Program developed by the National Highway Traffic | 19 | | Safety Administration (NHTSA). The technician who performs | 20 | | the work shall keep accurate records on each piece of | 21 | | equipment the technician calibrates and tests. As used in | 22 | | this paragraph, "fully-trained reviewing technician" means | 23 | | a person who has received at least 40 hours of supervised | 24 | | training in subjects which shall include image inspection | 25 | | and interpretation, the elements necessary to prove a | 26 | | violation, license plate identification, and traffic |
| | | 09800HB0756ham004 | - 10 - | LRB098 03581 MLW 44551 a |
|
| 1 | | safety and management. In all municipalities and counties, | 2 | | the automated speed enforcement system or automated | 3 | | traffic law ordinance shall require that no additional fee | 4 | | shall be charged to the alleged violator for exercising his | 5 | | or her right to an administrative hearing, and persons | 6 | | shall be given at least 25 days following an administrative | 7 | | hearing to pay any civil penalty imposed by a finding that | 8 | | Section 11-208.6, 11-208.8, or 11-1201.1 or a similar local | 9 | | ordinance has been violated. The original or a
facsimile of | 10 | | the violation notice or, in the case of a notice produced | 11 | | by a
computerized device, a printed record generated by the | 12 | | device showing the facts
entered on the notice, shall be | 13 | | retained by the
traffic compliance
administrator, and | 14 | | shall be a record kept in the ordinary course of
business. | 15 | | A parking, standing, compliance, automated speed | 16 | | enforcement system, or automated traffic law violation | 17 | | notice issued,
signed and served in
accordance with this | 18 | | Section, a copy of the notice, or the computer
generated | 19 | | record shall be prima facie
correct and shall be prima | 20 | | facie evidence of the correctness of the facts
shown on the | 21 | | notice. The notice, copy, or computer generated
record | 22 | | shall be admissible in any
subsequent administrative or | 23 | | legal proceedings.
| 24 | | (4) An opportunity for a hearing for the registered | 25 | | owner of the
vehicle cited in the parking, standing, | 26 | | compliance, automated speed enforcement system, or |
| | | 09800HB0756ham004 | - 11 - | LRB098 03581 MLW 44551 a |
|
| 1 | | automated traffic law violation notice in
which the owner | 2 | | may
contest the merits of the alleged violation, and during | 3 | | which formal or
technical rules of evidence shall not | 4 | | apply; provided, however, that under
Section 11-1306 of | 5 | | this Code the lessee of a vehicle cited in the
violation | 6 | | notice likewise shall be provided an opportunity for a | 7 | | hearing of
the same kind afforded the registered owner. The | 8 | | hearings shall be
recorded, and the person conducting the | 9 | | hearing on behalf of the traffic
compliance
administrator | 10 | | shall be empowered to administer oaths and to secure by
| 11 | | subpoena both the attendance and testimony of witnesses and | 12 | | the production
of relevant books and papers. Persons | 13 | | appearing at a hearing under this
Section may be | 14 | | represented by counsel at their expense. The ordinance may
| 15 | | also provide for internal administrative review following | 16 | | the decision of
the hearing officer.
| 17 | | (5) Service of additional notices, sent by first class | 18 | | United States
mail, postage prepaid, to the address of the | 19 | | registered owner of the cited
vehicle as recorded with the | 20 | | Secretary of State or, if any notice to that address is | 21 | | returned as undeliverable, to the last known address | 22 | | recorded in a United States Post Office approved database,
| 23 | | or, under Section 11-1306
or subsection (p) of Section | 24 | | 11-208.6, or subsection (p) of Section 11-208.8 of this | 25 | | Code, to the lessee of the cited vehicle at the last | 26 | | address known
to the lessor of the cited vehicle at the |
| | | 09800HB0756ham004 | - 12 - | LRB098 03581 MLW 44551 a |
|
| 1 | | time of lease or, if any notice to that address is returned | 2 | | as undeliverable, to the last known address recorded in a | 3 | | United States Post Office approved database.
The service | 4 | | shall
be deemed complete as of the date of deposit in the | 5 | | United States mail.
The notices shall be in the following | 6 | | sequence and shall include but not be
limited to the | 7 | | information specified herein:
| 8 | | (i) A second notice of parking, standing, or | 9 | | compliance violation. This notice shall specify the
| 10 | | date and location of the violation cited in the | 11 | | parking,
standing,
or compliance violation
notice, the | 12 | | particular regulation violated, the vehicle
make and | 13 | | state registration number, any requirement to complete | 14 | | a traffic education program, the fine and any penalty | 15 | | that may be
assessed for late payment or failure to | 16 | | complete a traffic education program, or both, when so | 17 | | provided by ordinance, the availability
of a hearing in | 18 | | which the violation may be contested on its merits, and | 19 | | the
time and manner in which the hearing may be had. | 20 | | The notice of violation
shall also state that failure | 21 | | to complete a required traffic education program, to | 22 | | pay the indicated fine and any
applicable penalty, or | 23 | | to appear at a hearing on the merits in the time and
| 24 | | manner specified, will result in a final determination | 25 | | of violation
liability for the cited violation in the | 26 | | amount of the fine or penalty
indicated, and that, upon |
| | | 09800HB0756ham004 | - 13 - | LRB098 03581 MLW 44551 a |
|
| 1 | | the occurrence of a final determination of violation | 2 | | liability for the failure, and the exhaustion of, or
| 3 | | failure to exhaust, available administrative or | 4 | | judicial procedures for
review, any incomplete traffic | 5 | | education program or any unpaid fine or penalty, or | 6 | | both, will constitute a debt due and owing
the | 7 | | municipality or county.
| 8 | | (ii) A notice of final determination of parking, | 9 | | standing,
compliance, automated speed enforcement | 10 | | system, or automated traffic law violation liability.
| 11 | | This notice shall be sent following a final | 12 | | determination of parking,
standing, compliance, | 13 | | automated speed enforcement system, or automated | 14 | | traffic law
violation liability and the conclusion of | 15 | | judicial review procedures taken
under this Section. | 16 | | The notice shall state that the incomplete traffic | 17 | | education program or the unpaid fine or
penalty, or | 18 | | both, is a debt due and owing the municipality or | 19 | | county. The notice shall contain
warnings that failure | 20 | | to complete any required traffic education program or | 21 | | to pay any fine or penalty due and owing the
| 22 | | municipality or county, or both, within the time | 23 | | specified may result in the municipality's
or county's | 24 | | filing of a petition in the Circuit Court to have the | 25 | | incomplete traffic education program or unpaid
fine or | 26 | | penalty, or both, rendered a judgment as provided by |
| | | 09800HB0756ham004 | - 14 - | LRB098 03581 MLW 44551 a |
|
| 1 | | this Section, or may
result in suspension of the | 2 | | person's drivers license for failure to complete a | 3 | | traffic education program or to pay
fines or penalties, | 4 | | or both, for 10 or more parking violations under | 5 | | Section 6-306.5, or a combination of 5 or more | 6 | | automated traffic law violations under Section | 7 | | 11-208.6 or automated speed enforcement system | 8 | | violations under Section 11-208.8.
| 9 | | (6) A notice of impending drivers license suspension. | 10 | | This
notice shall be sent to the person liable for failure | 11 | | to complete a required traffic education program or to pay | 12 | | any fine or penalty that
remains due and owing, or both, on | 13 | | 10 or more parking
violations or combination of 5 or more | 14 | | unpaid automated speed enforcement system or automated | 15 | | traffic law violations. The notice
shall state that failure | 16 | | to complete a required traffic education program or to pay | 17 | | the fine or penalty owing, or both, within 45 days of
the | 18 | | notice's date will result in the municipality or county | 19 | | notifying the Secretary
of State that the person is | 20 | | eligible for initiation of suspension
proceedings under | 21 | | Section 6-306.5 of this Code. The notice shall also state
| 22 | | that the person may obtain a photostatic copy of an | 23 | | original ticket imposing a
fine or penalty by sending a | 24 | | self addressed, stamped envelope to the
municipality or | 25 | | county along with a request for the photostatic copy.
The | 26 | | notice of impending
drivers license suspension shall be |
| | | 09800HB0756ham004 | - 15 - | LRB098 03581 MLW 44551 a |
|
| 1 | | sent by first class United States mail,
postage prepaid, to | 2 | | the address recorded with the Secretary of State or, if any | 3 | | notice to that address is returned as undeliverable, to the | 4 | | last known address recorded in a United States Post Office | 5 | | approved database.
| 6 | | (7) Final determinations of violation liability. A | 7 | | final
determination of violation liability shall occur | 8 | | following failure to complete the required traffic | 9 | | education program or
to pay the fine or penalty, or both, | 10 | | after a hearing officer's determination of violation | 11 | | liability and the exhaustion of or failure to exhaust any
| 12 | | administrative review procedures provided by ordinance. | 13 | | Where a person
fails to appear at a hearing to contest the | 14 | | alleged violation in the time
and manner specified in a | 15 | | prior mailed notice, the hearing officer's
determination | 16 | | of violation liability shall become final: (A) upon
denial | 17 | | of a timely petition to set aside that determination, or | 18 | | (B) upon
expiration of the period for filing the petition | 19 | | without a
filing having been made.
| 20 | | (8) A petition to set aside a determination of parking, | 21 | | standing,
compliance, automated speed enforcement system, | 22 | | or automated traffic law violation
liability that may be | 23 | | filed by a person owing an unpaid fine or penalty. A | 24 | | petition to set aside a determination of liability may also | 25 | | be filed by a person required to complete a traffic | 26 | | education program.
The petition shall be filed with and |
| | | 09800HB0756ham004 | - 16 - | LRB098 03581 MLW 44551 a |
|
| 1 | | ruled upon by the traffic compliance
administrator in the | 2 | | manner and within the time specified by ordinance.
The | 3 | | grounds for the petition may be limited to: (A) the person | 4 | | not having
been the owner or lessee of the cited vehicle on | 5 | | the date the
violation notice was issued, (B) the person | 6 | | having already completed the required traffic education | 7 | | program or paid the fine or
penalty, or both, for the | 8 | | violation in question, and (C) excusable failure to
appear | 9 | | at or
request a new date for a hearing.
With regard to | 10 | | municipalities or counties with a population of 1 million | 11 | | or more, it
shall be grounds for
dismissal of a
parking | 12 | | violation if the state registration number, or vehicle make | 13 | | if specified, is
incorrect. After the determination of
| 14 | | parking, standing, compliance, automated speed enforcement | 15 | | system, or automated traffic law violation liability has | 16 | | been set aside
upon a showing of just
cause, the registered | 17 | | owner shall be provided with a hearing on the merits
for | 18 | | that violation.
| 19 | | (9) Procedures for non-residents. Procedures by which | 20 | | persons who are
not residents of the municipality or county | 21 | | may contest the merits of the alleged
violation without | 22 | | attending a hearing.
| 23 | | (10) A schedule of civil fines for violations of | 24 | | vehicular standing,
parking, compliance, automated speed | 25 | | enforcement system, or automated traffic law regulations | 26 | | enacted by ordinance pursuant to this
Section, and a
|
| | | 09800HB0756ham004 | - 17 - | LRB098 03581 MLW 44551 a |
|
| 1 | | schedule of penalties for late payment of the fines or | 2 | | failure to complete required traffic education programs, | 3 | | provided, however,
that the total amount of the fine and | 4 | | penalty for any one violation shall
not exceed $250, except | 5 | | as provided in subsection (c) of Section 11-1301.3 of this | 6 | | Code.
| 7 | | (11) Other provisions as are necessary and proper to | 8 | | carry into
effect the powers granted and purposes stated in | 9 | | this Section.
| 10 | | (c) Any municipality or county establishing vehicular | 11 | | standing, parking,
compliance, automated speed enforcement | 12 | | system, or automated traffic law
regulations under this Section | 13 | | may also provide by ordinance for a
program of vehicle | 14 | | immobilization for the purpose of facilitating
enforcement of | 15 | | those regulations. The program of vehicle
immobilization shall | 16 | | provide for immobilizing any eligible vehicle upon the
public | 17 | | way by presence of a restraint in a manner to prevent operation | 18 | | of
the vehicle. Any ordinance establishing a program of vehicle
| 19 | | immobilization under this Section shall provide:
| 20 | | (1) Criteria for the designation of vehicles eligible | 21 | | for
immobilization. A vehicle shall be eligible for | 22 | | immobilization when the
registered owner of the vehicle has | 23 | | accumulated the number of incomplete traffic education | 24 | | programs or unpaid final
determinations of parking, | 25 | | standing, compliance, automated speed enforcement system, | 26 | | or automated traffic law violation liability, or both, as
|
| | | 09800HB0756ham004 | - 18 - | LRB098 03581 MLW 44551 a |
|
| 1 | | determined by ordinance.
| 2 | | (2) A notice of impending vehicle immobilization and a | 3 | | right to a
hearing to challenge the validity of the notice | 4 | | by disproving liability
for the incomplete traffic | 5 | | education programs or unpaid final determinations of | 6 | | parking, standing, compliance, automated speed enforcement | 7 | | system, or automated traffic law
violation liability, or | 8 | | both, listed
on the notice.
| 9 | | (3) The right to a prompt hearing after a vehicle has | 10 | | been immobilized
or subsequently towed without the | 11 | | completion of the required traffic education program or | 12 | | payment of the outstanding fines and
penalties on parking, | 13 | | standing, compliance, automated speed enforcement system, | 14 | | or automated traffic law violations, or both, for which | 15 | | final
determinations have been
issued. An order issued | 16 | | after the hearing is a final administrative
decision within | 17 | | the meaning of Section 3-101 of the Code of Civil | 18 | | Procedure.
| 19 | | (4) A post immobilization and post-towing notice | 20 | | advising the registered
owner of the vehicle of the right | 21 | | to a hearing to challenge the validity
of the impoundment.
| 22 | | (d) Judicial review of final determinations of parking, | 23 | | standing,
compliance, automated speed enforcement system, or | 24 | | automated traffic law
violations and final administrative | 25 | | decisions issued after hearings
regarding vehicle | 26 | | immobilization and impoundment made
under this Section shall be |
| | | 09800HB0756ham004 | - 19 - | LRB098 03581 MLW 44551 a |
|
| 1 | | subject to the provisions of
the Administrative Review Law.
| 2 | | (e) Any fine, penalty, incomplete traffic education | 3 | | program, or part of any fine or any penalty remaining
unpaid | 4 | | after the exhaustion of, or the failure to exhaust, | 5 | | administrative
remedies created under this Section and the | 6 | | conclusion of any judicial
review procedures shall be a debt | 7 | | due and owing the municipality or county and, as
such, may be | 8 | | collected in accordance with applicable law. Completion of any | 9 | | required traffic education program and payment in full
of any | 10 | | fine or penalty resulting from a standing, parking,
compliance, | 11 | | automated speed enforcement system, or automated traffic law | 12 | | violation shall
constitute a final disposition of that | 13 | | violation. If the vehicle that was the subject of the | 14 | | underlying offense is sold, claimed, or otherwise disposed of | 15 | | by the county or municipality or their agents, any proceeds | 16 | | from the sale, salvage, or disposal of the vehicle shall be | 17 | | deducted from any fine, penalty, incomplete traffic education | 18 | | program, or part of any fine or any penalty remaining unpaid by | 19 | | the person who was the registered owner at the time of the | 20 | | immobilization, towing, or impoundment of that vehicle, | 21 | | including but not limited to any fines related to the | 22 | | underlying offense, court costs, towing and storage costs, and | 23 | | administrative fees. If the proceeds of this sale, claim, or | 24 | | disposal are not enough to satisfy the fines, fees, and other | 25 | | costs the remainder shall not be discharged. The county or | 26 | | municipality that sells or disposes of the vehicle shall not be |
| | | 09800HB0756ham004 | - 20 - | LRB098 03581 MLW 44551 a |
|
| 1 | | responsible to any other county or municipality for any | 2 | | outstanding fines or fees associated with the owner of that | 3 | | vehicle.
| 4 | | (f) After the expiration of the period within which | 5 | | judicial review may
be sought for a final determination of | 6 | | parking, standing, compliance, automated speed enforcement | 7 | | system, or automated traffic law
violation, the municipality
or | 8 | | county may commence a proceeding in the Circuit Court for | 9 | | purposes of obtaining a
judgment on the final determination of | 10 | | violation. Nothing in this
Section shall prevent a municipality | 11 | | or county from consolidating multiple final
determinations of | 12 | | parking, standing, compliance, automated speed enforcement | 13 | | system, or automated traffic law violations against a
person in | 14 | | a proceeding.
Upon commencement of the action, the municipality | 15 | | or county shall file a certified
copy or record of the final | 16 | | determination of parking, standing, compliance, automated | 17 | | speed enforcement system, or automated traffic law
violation, | 18 | | which shall be
accompanied by a certification that recites | 19 | | facts sufficient to show that
the final determination of | 20 | | violation was
issued in accordance with this Section and the | 21 | | applicable municipal
or county ordinance. Service of the | 22 | | summons and a copy of the petition may be by
any method | 23 | | provided by Section 2-203 of the Code of Civil Procedure or by
| 24 | | certified mail, return receipt requested, provided that the | 25 | | total amount of
fines and penalties for final determinations of | 26 | | parking, standing,
compliance, automated speed enforcement |
| | | 09800HB0756ham004 | - 21 - | LRB098 03581 MLW 44551 a |
|
| 1 | | system, or automated traffic law violations does not
exceed | 2 | | $2500. If the court is satisfied that the final determination | 3 | | of
parking, standing, compliance, automated speed enforcement | 4 | | system, or automated traffic law violation was entered in | 5 | | accordance with
the requirements of
this Section and the | 6 | | applicable municipal or county ordinance, and that the | 7 | | registered
owner or the lessee, as the case may be, had an | 8 | | opportunity for an
administrative hearing and for judicial | 9 | | review as provided in this Section,
the court shall render | 10 | | judgment in favor of the municipality or county and against
the | 11 | | registered owner or the lessee for the amount indicated in the | 12 | | final
determination of parking, standing, compliance, | 13 | | automated speed enforcement system, or automated traffic law | 14 | | violation, plus costs.
The judgment shall have
the same effect | 15 | | and may be enforced in the same manner as other judgments
for | 16 | | the recovery of money.
| 17 | | (g) The fee for participating in a traffic education | 18 | | program under this Section shall not exceed $25. | 19 | | A low-income individual required to complete a traffic | 20 | | education program under this Section who provides proof of | 21 | | eligibility for the federal earned income tax credit under | 22 | | Section 32 of the Internal Revenue Code or the Illinois earned | 23 | | income tax credit under Section 212 of the Illinois Income Tax | 24 | | Act shall not be required to pay any fee for participating in a | 25 | | required traffic education program. | 26 | | (Source: P.A. 96-288, eff. 8-11-09; 96-478, eff. 1-1-10; |
| | | 09800HB0756ham004 | - 22 - | LRB098 03581 MLW 44551 a |
|
| 1 | | 96-1000, eff. 7-2-10; 96-1016, eff. 1-1-11; 96-1386, eff. | 2 | | 7-29-10; 97-29, eff. 1-1-12; 97-333, eff. 8-12-11; 97-672, eff. | 3 | | 7-1-12 .)
| 4 | | (625 ILCS 5/11-208.7) | 5 | | Sec. 11-208.7. Administrative fees and procedures for | 6 | | impounding vehicles for specified violations. | 7 | | (a) Any municipality may, consistent with this Section, | 8 | | provide by ordinance procedures for the release of properly | 9 | | impounded vehicles and for the imposition of a reasonable | 10 | | administrative fee related to its administrative and | 11 | | processing costs associated with the investigation, arrest, | 12 | | and detention of an offender, or the removal, impoundment, | 13 | | storage, and release of the vehicle. The administrative fee | 14 | | imposed by the municipality may be in addition to any fees
| 15 | | charged for the towing and storage of an impounded vehicle. The | 16 | | administrative fee shall be waived by the municipality upon | 17 | | verifiable proof that the vehicle was stolen at the time the | 18 | | vehicle was impounded. | 19 | | (b) Any ordinance establishing procedures for the release | 20 | | of properly impounded vehicles under this Section may impose | 21 | | fees for the following violations: | 22 | | (1) operation or use of a motor vehicle in the | 23 | | commission of, or in the attempt to commit, an offense for | 24 | | which a motor vehicle may be seized and forfeited pursuant | 25 | | to Section 36-1 of the Criminal Code of 2012; or |
| | | 09800HB0756ham004 | - 23 - | LRB098 03581 MLW 44551 a |
|
| 1 | | (2) driving under the influence of alcohol, another | 2 | | drug or drugs, an intoxicating compound or compounds, or | 3 | | any combination thereof, in violation of Section 11-501 of | 4 | | this Code; or | 5 | | (3) operation or use of a motor vehicle in the | 6 | | commission of, or in the attempt to commit, a felony or in | 7 | | violation of the Cannabis Control Act; or | 8 | | (4) operation or use of a motor vehicle in the | 9 | | commission of, or in the attempt to commit, an offense in | 10 | | violation of the Illinois Controlled Substances Act; or | 11 | | (5) operation or use of a motor vehicle in the | 12 | | commission of, or in the attempt to commit, an offense in | 13 | | violation of Section 24-1, 24-1.5, or 24-3.1 of the | 14 | | Criminal Code of 1961 or the Criminal Code of 2012; or | 15 | | (6) driving while a driver's license, permit, or | 16 | | privilege to operate a motor vehicle is suspended or | 17 | | revoked pursuant to Section 6-303 of this Code; except that | 18 | | vehicles shall not be subjected to seizure or impoundment | 19 | | if the suspension is for an unpaid citation (parking or | 20 | | moving) or due to failure to comply with emission testing; | 21 | | or | 22 | | (7) operation or use of a motor vehicle while | 23 | | soliciting, possessing, or attempting to solicit or | 24 | | possess cannabis or a controlled substance, as defined by | 25 | | the Cannabis Control Act or the Illinois Controlled | 26 | | Substances Act; or |
| | | 09800HB0756ham004 | - 24 - | LRB098 03581 MLW 44551 a |
|
| 1 | | (8) operation or use of a motor vehicle with an expired | 2 | | driver's license, in violation of Section 6-101 of this | 3 | | Code, if the period of expiration is greater than one year; | 4 | | or | 5 | | (9) operation or use of a motor vehicle without ever | 6 | | having been issued a driver's license or permit, in | 7 | | violation of Section 6-101 of this Code, or operating a | 8 | | motor vehicle without ever having been issued a driver's | 9 | | license or permit due to a person's age; or | 10 | | (10) operation or use of a motor vehicle by a person | 11 | | against whom a warrant has been issued by a circuit clerk | 12 | | in Illinois for failing to answer charges that the driver | 13 | | violated Section 6-101, 6-303, or 11-501 of this Code; or | 14 | | (11) operation or use of a motor vehicle in the | 15 | | commission of, or in the attempt to commit, an offense in | 16 | | violation of Article 16 or 16A of the Criminal Code of 1961 | 17 | | or the Criminal Code of 2012; or | 18 | | (12) operation or use of a motor vehicle in the | 19 | | commission of, or in the attempt to commit, any other
| 20 | | misdemeanor or felony offense in violation of the Criminal | 21 | | Code of 1961 or the Criminal Code of 2012, when so provided | 22 | | by
local ordinance. | 23 | | (c) The following shall apply to any fees imposed for | 24 | | administrative and processing costs pursuant to subsection | 25 | | (b): | 26 | | (1) All administrative fees and towing and storage |
| | | 09800HB0756ham004 | - 25 - | LRB098 03581 MLW 44551 a |
|
| 1 | | charges shall be imposed on the registered owner of the | 2 | | motor vehicle or the agents of that owner. | 3 | | (2) The fees shall be in addition to (i) any other | 4 | | penalties that may be assessed by a court of law for the | 5 | | underlying violations; and (ii) any towing or storage fees, | 6 | | or both, charged by the towing company. | 7 | | (3) The fees shall be uniform for all similarly | 8 | | situated vehicles. | 9 | | (4) The fees shall be collected by and paid to the | 10 | | municipality imposing the fees. | 11 | | (5) The towing or storage fees, or both, shall be | 12 | | collected by and paid to the person, firm, or entity that | 13 | | tows and stores the impounded vehicle. | 14 | | (d) Any ordinance establishing procedures for the release | 15 | | of properly impounded vehicles under this Section shall provide | 16 | | for an opportunity for a hearing, as provided in subdivision | 17 | | (b)(4) of Section 11-208.3 of this Code, and for the release of | 18 | | the vehicle to the owner of record, lessee, or a lienholder of | 19 | | record upon payment of all administrative fees and towing and | 20 | | storage fees. | 21 | | (e) Any ordinance establishing procedures for the | 22 | | impoundment
and release of vehicles under this Section shall | 23 | | include the following provisions concerning notice of | 24 | | impoundment: | 25 | | (1) Whenever
a police officer has cause to believe that | 26 | | a motor vehicle is subject to impoundment, the officer
|
| | | 09800HB0756ham004 | - 26 - | LRB098 03581 MLW 44551 a |
|
| 1 | | shall provide for the towing of the vehicle to a facility | 2 | | authorized by the municipality. | 3 | | (2) At the
time the vehicle is towed, the municipality | 4 | | shall notify or make a reasonable attempt to notify the
| 5 | | owner, lessee, or person identifying himself or herself as | 6 | | the owner or lessee of the vehicle, or any person
who is | 7 | | found to be in control of the vehicle at the time of the | 8 | | alleged offense, of the fact of the
seizure, and of the | 9 | | vehicle owner's or lessee's right to an administrative | 10 | | hearing. | 11 | | (3) The municipality shall
also provide notice that the | 12 | | motor vehicle will remain impounded pending the completion | 13 | | of an
administrative hearing, unless the owner or lessee of | 14 | | the vehicle or a lienholder posts with the
municipality a | 15 | | bond equal to the administrative fee as provided by | 16 | | ordinance and pays for all
towing and storage charges. | 17 | | (f) Any ordinance establishing procedures for the | 18 | | impoundment and
release of vehicles under this Section shall | 19 | | include a provision providing that the
registered owner or | 20 | | lessee of the vehicle and any lienholder of record shall be | 21 | | provided with a
notice of hearing. The notice shall: | 22 | | (1) be served upon the owner, lessee, and any | 23 | | lienholder of record either by personal service or by first | 24 | | class mail to the interested party's address as registered | 25 | | with the Secretary of State; | 26 | | (2) be served upon interested parties within 10 days |
| | | 09800HB0756ham004 | - 27 - | LRB098 03581 MLW 44551 a |
|
| 1 | | after a vehicle is impounded by the municipality; and | 2 | | (3) contain the date, time, and location of the | 3 | | administrative hearing. An
initial hearing shall be | 4 | | scheduled and convened no later than 45 days after the date | 5 | | of
the mailing of the notice of hearing. | 6 | | (g) In addition to the requirements contained in
| 7 | | subdivision (b)(4) of Section 11-208.3 of this Code relating to | 8 | | administrative hearings, any ordinance providing for the | 9 | | impoundment
and release of vehicles under this Section shall | 10 | | include the following requirements concerning administrative | 11 | | hearings: | 12 | | (1) administrative hearings shall be conducted by a | 13 | | hearing officer who is an attorney licensed to practice law | 14 | | in this State for a minimum of 3 years; | 15 | | (2) at the conclusion of the administrative hearing, | 16 | | the hearing officer shall issue
a written decision either | 17 | | sustaining or overruling the vehicle impoundment; | 18 | | (3) if the basis for the vehicle
impoundment is | 19 | | sustained by the administrative hearing officer, any | 20 | | administrative fee posted to
secure the release of the | 21 | | vehicle shall be forfeited to the municipality; | 22 | | (4) all final decisions of the administrative hearing | 23 | | officer shall be subject to
review under the provisions of | 24 | | the Administrative Review Law; and | 25 | | (5) unless the administrative hearing
officer | 26 | | overturns the basis for the vehicle impoundment, no vehicle |
| | | 09800HB0756ham004 | - 28 - | LRB098 03581 MLW 44551 a |
|
| 1 | | shall be released to the owner, lessee, or lienholder of | 2 | | record until
all administrative fees and towing and storage | 3 | | charges are paid. | 4 | | (h) Vehicles not retrieved from the towing facility or | 5 | | storage facility
within 35 days after the administrative | 6 | | hearing officer issues a written decision shall be deemed | 7 | | abandoned and sold disposed of in accordance with the | 8 | | provisions of Article II of Chapter
4 of this Code. After the | 9 | | sale of the vehicle is completed, the person who was the | 10 | | registered owner at the time of the vehicle's impoundment is | 11 | | entitled to have the proceeds of that sale deducted from any | 12 | | fines, fees, administrative penalties, and other costs owed to | 13 | | the county or municipality that sold the vehicle associated | 14 | | with the vehicle's immobilization, towing, or impoundment, | 15 | | including but not limited to any fine for the underlying | 16 | | offense which led to the vehicle's impoundment. If the proceeds | 17 | | of this sale are not enough to satisfy the fines, fees, and | 18 | | other costs the remainder shall not be discharged. The county | 19 | | or municipality that sells or disposes of the vehicle shall not | 20 | | be responsible to any other county or municipality for any | 21 | | outstanding fines or fees associated with the owner of that | 22 | | vehicle. | 23 | | (i) Unless stayed by a court of competent jurisdiction, any | 24 | | fine, penalty, or administrative fee imposed under this
Section | 25 | | which remains unpaid in whole or in part after the expiration | 26 | | of the deadline for seeking judicial
review under the |
| | | 09800HB0756ham004 | - 29 - | LRB098 03581 MLW 44551 a |
|
| 1 | | Administrative Review Law may be enforced in the same manner as | 2 | | a judgment entered by a court of
competent jurisdiction.
| 3 | | (Source: P.A. 97-109, eff. 1-1-12; 97-1150, eff. 1-25-13.)
| 4 | | (625 ILCS 5/4-209.2 rep.) | 5 | | Section 10. The Illinois Vehicle Code is amended by | 6 | | repealing Section 4-209.2.".
|
|