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92_HB3713enr HB3713 Enrolled LRB9211104DHgc 1 AN ACT in relation to vehicles. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The State Finance Act is amended by adding 5 Section 5.570 as follows: 6 (30 ILCS 105/5.570 new) 7 Sec. 5.570. The Public Broadcasting Fund. 8 Section 10. The Illinois Vehicle Code is amended by 9 adding Section 3-654 and changing Section 11-208.3 as 10 follows: 11 (625 ILCS 5/3-654 new) 12 Sec. 3-654. Illinois Public Broadcasting System 13 Stations special license plates. 14 (a) The Secretary, upon receipt of all applicable fees 15 and applications made in the form prescribed by the 16 Secretary, may issue special registration plates designated 17 as Illinois Public Broadcasting System Stations special 18 license plates. The special plates issued under this 19 Section shall be affixed only to passenger vehicles of the 20 first division or motor vehicles of the second division 21 weighing not more than 8,000 pounds. Plates issued under 22 this Section shall expire according to the multi-year 23 procedure established by Section 3-414.1 of this Code. 24 (b) The design and color of the special plates shall be 25 wholly within the discretion of the Secretary. The 26 Secretary may, in his or her discretion, allow the plates to 27 be issued as vanity or personalized plates in accordance with 28 Section 3-405.1 of this Code. The plates are not required to 29 designate "Land of Lincoln", as prescribed in subsection (b) HB3713 Enrolled -2- LRB9211104DHgc 1 of Section 3-412 of this Code. The Secretary, in his or her 2 discretion, shall approve and prescribe stickers or decals as 3 provided under Section 3-412. 4 (c) An applicant for the special plate shall be charged 5 a $40 fee for original issuance in addition to the 6 appropriate registration fee. Of this fee, $25 shall be 7 deposited into the Public Broadcasting Fund and $15 shall be 8 deposited into the Secretary of State Special License Plate 9 Fund, to be used by the Secretary to help defray the 10 administrative processing costs. 11 For each registration renewal period, a $27 fee, in 12 addition to the appropriate registration fee, shall be 13 charged. Of this fee, $25 shall be deposited into the Public 14 Broadcasting Fund and $2 shall be deposited into the 15 Secretary of State Special License Plate Fund. 16 (d) The Public Broadcasting Fund is created as a special 17 fund in the State treasury. Subject to appropriation by the 18 General Assembly and approval by the Secretary, the Secretary 19 shall pay all moneys in the Public Broadcasting Fund to the 20 various Public Broadcasting System stations in Illinois for 21 operating costs. 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. 26 (a) Any municipality may provide by ordinance for a 27 system of administrative adjudication of vehicular standing 28 and parking violations and vehicle compliance violations as 29 defined in this subsection. The administrative system shall 30 have as its purpose the fair and efficient enforcement of 31 municipal regulations through the administrative adjudication 32 of violations of municipal ordinances regulating the standing 33 and parking of vehicles, the condition and use of vehicle HB3713 Enrolled -3- LRB9211104DHgc 1 equipment, and the display of municipal wheel tax licenses 2 within the municipality's borders. The administrative system 3 shall only have authority to adjudicate civil offenses 4 carrying fines not in excess of $250 that occur after the 5 effective date of the ordinance adopting such a system under 6 this Section. For purposes of this Section, "compliance 7 violation" means a violation of a municipal regulation 8 governing the condition or use of equipment on a vehicle or 9 governing the display of a municipal wheel tax license. 10 (b) Any ordinance establishing a system of 11 administrative adjudication under this Section shall provide 12 for: 13 (1) A traffic compliance administrator authorized 14 to adopt, distribute and process parking and compliance 15 violation notices and other notices required by this 16 Section, collect money paid as fines and penalties for 17 violation of parking and compliance ordinances, and 18 operate an administrative adjudication system. The 19 traffic compliance administrator also may make a 20 certified report to the Secretary of State under Section 21 6-306.5. 22 (2) A parking, standing, or compliance violation 23 notice that shall specify the date, time, and place of 24 violation of a parking, standing, or compliance 25 regulation; the particular regulation violated; the fine 26 and any penalty that may be assessed for late payment, 27 when so provided by ordinance; the vehicle make and state 28 registration number; and the identification number of the 29 person issuing the notice. With regard to municipalities 30 with a population of 1 million or more, it shall be 31 grounds for dismissal of a parking violation if the State 32 registration number or vehicle make specified is 33 incorrect. The violation notice shall state that the 34 payment of the indicated fine, and of any applicable HB3713 Enrolled -4- LRB9211104DHgc 1 penalty for late payment, shall operate as a final 2 disposition of the violation. The notice also shall 3 contain information as to the availability of a hearing 4 in which the violation may be contested on its merits. 5 The violation notice shall specify the time and manner in 6 which a hearing may be had. 7 (3) Service of the parking, standing, or compliance 8 violation notice by affixing the original or a facsimile 9 of the notice to an unlawfully parked vehicle or by 10 handing the notice to the operator of a vehicle if he or 11 she is present. A person authorized by ordinance to 12 issue and serve parking, standing, and compliance 13 violation notices shall certify as to the correctness of 14 the facts entered on the violation notice by signing his 15 or her name to the notice at the time of service or in 16 the case of a notice produced by a computerized device, 17 by signing a single certificate to be kept by the traffic 18 compliance administrator attesting to the correctness of 19 all notices produced by the device while it was under his 20 or her control. The original or a facsimile of the 21 violation notice or, in the case of a notice produced by 22 a computerized device, a printed record generated by the 23 device showing the facts entered on the notice, shall be 24 retained by the traffic compliance administrator, and 25 shall be a record kept in the ordinary course of 26 business. A parking, standing, or compliance violation 27 notice issued, signed and served in accordance with this 28 Section,ora copy of the notice, or the computer 29 generated record shall be prima facie correct and shall 30 be prima facie evidence of the correctness of the facts 31 shown on the notice. The notice,orcopy, or computer 32 generated record shall be admissible in any subsequent 33 administrative or legal proceedings. 34 (4) An opportunity for a hearing for the registered HB3713 Enrolled -5- LRB9211104DHgc 1 owner of the vehicle cited in the parking, standing, or 2 compliance violation notice in which the owner may 3 contest the merits of the alleged violation, and during 4 which formal or technical rules of evidence shall not 5 apply; provided, however, that under Section 11-1306 of 6 this Code the lessee of a vehicle cited in the violation 7 notice likewise shall be provided an opportunity for a 8 hearing of the same kind afforded the registered owner. 9 The hearings shall be recorded, and the person conducting 10 the hearing on behalf of the traffic compliance 11 administrator shall be empowered to administer oaths and 12 to secure by subpoena both the attendance and testimony 13 of witnesses and the production of relevant books and 14 papers. Persons appearing at a hearing under this 15 Section may be represented by counsel at their expense. 16 The ordinance may also provide for internal 17 administrative review following the decision of the 18 hearing officer. 19 (5) Service of additional notices, sent by first 20 class United States mail, postage prepaid, to the address 21 of the registered owner of the cited vehicle as recorded 22 with the Secretary of State or, under Section 11-1306 of 23 this Code, to the lessee of the cited vehicle at the last 24 address known to the lessor of the cited vehicle at the 25 time of lease. The service shall be deemed complete as 26 of the date of deposit in the United States mail. The 27 notices shall be in the following sequence and shall 28 include but not be limited to the information specified 29 herein: 30 (i) A second notice of violation. This notice 31 shall specify the date and location of the violation 32 cited in the parking, standing, or compliance 33 violation notice, the particular regulation 34 violated, the vehicle make and state registration HB3713 Enrolled -6- LRB9211104DHgc 1 number, the fine and any penalty that may be 2 assessed for late payment when so provided by 3 ordinance, the availability of a hearing in which 4 the violation may be contested on its merits, and 5 the time and manner in which the hearing may be had. 6 The notice of violation shall also state that 7 failure either to pay the indicated fine and any 8 applicable penalty, or to appear at a hearing on the 9 merits in the time and manner specified, will result 10 in a final determination of violation liability for 11 the cited violation in the amount of the fine or 12 penalty indicated, and that, upon the occurrence of 13 a final determination of violation liability for the 14 failure, and the exhaustion of, or failure to 15 exhaust, available administrative or judicial 16 procedures for review, any unpaid fine or penalty 17 will constitute a debt due and owing the 18 municipality. 19 (ii) A notice of final determination of 20 parking, standing, or compliance violation 21 liability. This notice shall be sent following a 22 final determination of parking, standing, or 23 compliance violation liability and the conclusion of 24 judicial review procedures taken under this Section. 25 The notice shall state that the unpaid fine or 26 penalty is a debt due and owing the municipality. 27 The notice shall contain warnings that failure to 28 pay any fine or penalty due and owing the 29 municipality within the time specified may result in 30 the municipality's filing of a petition in the 31 Circuit Court to have the unpaid fine or penalty 32 rendered a judgment as provided by this Section, or 33 may result in suspension of the person's drivers 34 license for failure to pay fines or penalties for 10 HB3713 Enrolled -7- LRB9211104DHgc 1 or more parking violations under Section 6-306.5. 2 (6) A Notice of impending drivers license 3 suspension. This notice shall be sent to the person 4 liable for any fine or penalty that remains due and owing 5 on 10 or more parking violations. The notice shall state 6 that failure to pay the fine or penalty owing within 45 7 days of the notice's date will result in the municipality 8 notifying the Secretary of State that the person is 9 eligible for initiation of suspension proceedings under 10 Section 6-306.5 of this Code. The notice shall also state 11 that the person may obtain a photostatic copy of an 12 original ticket imposing a fine or penalty by sending a 13 self addressed, stamped envelope to the municipality 14 along with a request for the photostatic copy. The 15 notice of impending drivers license suspension shall be 16 sent by first class United States mail, postage prepaid, 17 to the address recorded with the Secretary of State. 18 (7) Final determinations of violation liability. A 19 final determination of violation liability shall occur 20 following failure to pay the fine or penalty after a 21 hearing officer's determination of violation liability 22 and the exhaustion of or failure to exhaust any 23 administrative review procedures provided by ordinance. 24 Where a person fails to appear at a hearing to contest 25 the alleged violation in the time and manner specified in 26 a prior mailed notice, the hearing officer's 27 determination of violation liability shall become final: 28 (A) upon denial of a timely petition to set aside that 29 determination, or (B) upon expiration of the period for 30 filing the petition without a filing having been made. 31 (8) A petition to set aside a determination of 32 parking, standing, or compliance violation liability that 33 may be filed by a person owing an unpaid fine or penalty. 34 The petition shall be filed with and ruled upon by the HB3713 Enrolled -8- LRB9211104DHgc 1 traffic compliance administrator in the manner and within 2 the time specified by ordinance. The grounds for the 3 petition may be limited to: (A) the person not having 4 been the owner or lessee of the cited vehicle on the date 5 the violation notice was issued, (B) the person having 6 already paid the fine or penalty for the violation in 7 question, and (C) excusable failure to appear at or 8 request a new date for a hearing. With regard to 9 municipalities with a population of 1 million or more, it 10 shall be grounds for dismissal of a parking violation if 11 the State registration number or vehicle make specified 12 is incorrect. After the determination of parking, 13 standing, or compliance violation liability has been set 14 aside upon a showing of just cause, the registered owner 15 shall be provided with a hearing on the merits for that 16 violation. 17 (9) Procedures for non-residents. Procedures by 18 which persons who are not residents of the municipality 19 may contest the merits of the alleged violation without 20 attending a hearing. 21 (10) A schedule of civil fines for violations of 22 vehicular standing, parking, and compliance regulations 23 enacted by ordinance pursuant to this Section, and a 24 schedule of penalties for late payment of the fines, 25 provided, however, that the total amount of the fine and 26 penalty for any one violation shall not exceed $250. 27 (11) Other provisions as are necessary and proper 28 to carry into effect the powers granted and purposes 29 stated in this Section. 30 (c) Any municipality establishing vehicular standing, 31 parking, and compliance regulations under this Section may 32 also provide by ordinance for a program of vehicle 33 immobilization for the purpose of facilitating enforcement of 34 those regulations. The program of vehicle immobilization HB3713 Enrolled -9- LRB9211104DHgc 1 shall provide for immobilizing any eligible vehicle upon the 2 public way by presence of a restraint in a manner to prevent 3 operation of the vehicle. Any ordinance establishing a 4 program of vehicle immobilization under this Section shall 5 provide: 6 (1) Criteria for the designation of vehicles 7 eligible for immobilization. A vehicle shall be eligible 8 for immobilization when the registered owner of the 9 vehicle has accumulated the number of unpaid final 10 determinations of parking, standing, or compliance 11 violation liability as determined by ordinance. 12 (2) A notice of impending vehicle immobilization 13 and a right to a hearing to challenge the validity of the 14 notice by disproving liability for the unpaid final 15 determinations of parking, standing, or compliance 16 violation liability listed on the notice. 17 (3) The right to a prompt hearing after a vehicle 18 has been immobilized or subsequently towed without 19 payment of the outstanding fines and penalties on 20 parking, standing, or compliance violations for which 21 final determinations have been issued. An order issued 22 after the hearing is a final administrative decision 23 within the meaning of Section 3-101 of the Code of Civil 24 Procedure. 25 (4) A post immobilization and post-towing notice 26 advising the registered owner of the vehicle of the right 27 to a hearing to challenge the validity of the 28 impoundment. 29 (d) Judicial review of final determinations of parking, 30 standing, and compliance violations and final administrative 31 decisions issued after hearings regarding vehicle 32 immobilization and impoundment made under this Section shall 33 be subject to the provisions of the Administrative Review 34 Law. HB3713 Enrolled -10- LRB9211104DHgc 1 (e) Any fine, penalty, or part of any fine or any 2 penalty remaining unpaid after the exhaustion of, or the 3 failure to exhaust, administrative remedies created under 4 this Section and the conclusion of any judicial review 5 procedures shall be a debt due and owing the municipality 6 and, as such, may be collected in accordance with applicable 7 law. Payment in full of any fine or penalty resulting from a 8 standing, parking, or compliance violation shall constitute a 9 final disposition of that violation. 10 (f) After the expiration of the period within which 11 judicial review may be sought for a final determination of 12 parking, standing, or compliance violation, the municipality 13 may commence a proceeding in the Circuit Court for purposes 14 of obtaining a judgment on the final determination of 15 violation. Nothing in this Section shall prevent a 16 municipality from consolidating multiple final determinations 17 of parking, standing, or compliance violation against a 18 person in a proceeding. Upon commencement of the action, the 19 municipality shall file a certified copy of the final 20 determination of parking, standing, or compliance violation, 21 which shall be accompanied by a certification that recites 22 facts sufficient to show that the final determination of 23 violation was issued in accordance with this Section and the 24 applicable municipal ordinance. Service of the summons and a 25 copy of the petition may be by any method provided by Section 26 2-203 of the Code of Civil Procedure or by certified mail, 27 return receipt requested, provided that the total amount of 28 fines and penalties for final determinations of parking, 29 standing, or compliance violations does not exceed $2500. If 30 the court is satisfied that the final determination of 31 parking, standing, or compliance violation was entered in 32 accordance with the requirements of this Section and the 33 applicable municipal ordinance, and that the registered owner 34 or the lessee, as the case may be, had an opportunity for an HB3713 Enrolled -11- LRB9211104DHgc 1 administrative hearing and for judicial review as provided in 2 this Section, the court shall render judgment in favor of the 3 municipality and against the registered owner or the lessee 4 for the amount indicated in the final determination of 5 parking, standing, or compliance violation, plus costs. The 6 judgment shall have the same effect and may be enforced in 7 the same manner as other judgments for the recovery of money. 8 (Source: P.A. 88-415; 88-437; 88-670, eff. 12-2-94; 89-190, 9 eff. 1-1-96.)