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92_HB3713sam002
LRB9211104DHmbam01
1 AMENDMENT TO HOUSE BILL 3713
2 AMENDMENT NO. . Amend House Bill 3713, AS AMENDED,
3 in Section 10, in the introductory clause, after "Section
4 3-654", by inserting "and changing Section 11-208.3"; and
5 in Section 10, below Sec. 3-654, by inserting the following:
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
8 of traffic regulations concerning the standing, parking, or
9 condition of vehicles.
10 (a) Any municipality may provide by ordinance for a
11 system of administrative adjudication of vehicular standing
12 and parking violations and vehicle compliance violations as
13 defined in this subsection. The administrative system shall
14 have as its purpose the fair and efficient enforcement of
15 municipal regulations through the administrative adjudication
16 of violations of municipal ordinances regulating the standing
17 and parking of vehicles, the condition and use of vehicle
18 equipment, and the display of municipal wheel tax licenses
19 within the municipality's borders. The administrative system
20 shall only have authority to adjudicate civil offenses
21 carrying fines not in excess of $250 that occur after the
22 effective date of the ordinance adopting such a system under
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1 this Section. For purposes of this Section, "compliance
2 violation" means a violation of a municipal regulation
3 governing the condition or use of equipment on a vehicle or
4 governing the display of a municipal wheel tax license.
5 (b) Any ordinance establishing a system of
6 administrative adjudication under this Section shall provide
7 for:
8 (1) A traffic compliance administrator authorized
9 to adopt, distribute and process parking and compliance
10 violation notices and other notices required by this
11 Section, collect money paid as fines and penalties for
12 violation of parking and compliance ordinances, and
13 operate an administrative adjudication system. The
14 traffic compliance administrator also may make a
15 certified report to the Secretary of State under Section
16 6-306.5.
17 (2) A parking, standing, or compliance violation
18 notice that shall specify the date, time, and place of
19 violation of a parking, standing, or compliance
20 regulation; the particular regulation violated; the fine
21 and any penalty that may be assessed for late payment,
22 when so provided by ordinance; the vehicle make and state
23 registration number; and the identification number of the
24 person issuing the notice. With regard to municipalities
25 with a population of 1 million or more, it shall be
26 grounds for dismissal of a parking violation if the State
27 registration number or vehicle make specified is
28 incorrect. The violation notice shall state that the
29 payment of the indicated fine, and of any applicable
30 penalty for late payment, shall operate as a final
31 disposition of the violation. The notice also shall
32 contain information as to the availability of a hearing
33 in which the violation may be contested on its merits.
34 The violation notice shall specify the time and manner in
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1 which a hearing may be had.
2 (3) Service of the parking, standing, or compliance
3 violation notice by affixing the original or a facsimile
4 of the notice to an unlawfully parked vehicle or by
5 handing the notice to the operator of a vehicle if he or
6 she is present. A person authorized by ordinance to
7 issue and serve parking, standing, and compliance
8 violation notices shall certify as to the correctness of
9 the facts entered on the violation notice by signing his
10 or her name to the notice at the time of service or in
11 the case of a notice produced by a computerized device,
12 by signing a single certificate to be kept by the traffic
13 compliance administrator attesting to the correctness of
14 all notices produced by the device while it was under his
15 or her control. The original or a facsimile of the
16 violation notice or, in the case of a notice produced by
17 a computerized device, a printed record generated by the
18 device showing the facts entered on the notice, shall be
19 retained by the traffic compliance administrator, and
20 shall be a record kept in the ordinary course of
21 business. A parking, standing, or compliance violation
22 notice issued, signed and served in accordance with this
23 Section, or a copy of the notice, or the computer
24 generated record shall be prima facie correct and shall
25 be prima facie evidence of the correctness of the facts
26 shown on the notice. The notice, or copy, or computer
27 generated record shall be admissible in any subsequent
28 administrative or legal proceedings.
29 (4) An opportunity for a hearing for the registered
30 owner of the vehicle cited in the parking, standing, or
31 compliance violation notice in which the owner may
32 contest the merits of the alleged violation, and during
33 which formal or technical rules of evidence shall not
34 apply; provided, however, that under Section 11-1306 of
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1 this Code the lessee of a vehicle cited in the violation
2 notice likewise shall be provided an opportunity for a
3 hearing of the same kind afforded the registered owner.
4 The hearings shall be recorded, and the person conducting
5 the hearing on behalf of the traffic compliance
6 administrator shall be empowered to administer oaths and
7 to secure by subpoena both the attendance and testimony
8 of witnesses and the production of relevant books and
9 papers. Persons appearing at a hearing under this
10 Section may be represented by counsel at their expense.
11 The ordinance may also provide for internal
12 administrative review following the decision of the
13 hearing officer.
14 (5) Service of additional notices, sent by first
15 class United States mail, postage prepaid, to the address
16 of the registered owner of the cited vehicle as recorded
17 with the Secretary of State or, under Section 11-1306 of
18 this Code, to the lessee of the cited vehicle at the last
19 address known to the lessor of the cited vehicle at the
20 time of lease. The service shall be deemed complete as
21 of the date of deposit in the United States mail. The
22 notices shall be in the following sequence and shall
23 include but not be limited to the information specified
24 herein:
25 (i) A second notice of violation. This notice
26 shall specify the date and location of the violation
27 cited in the parking, standing, or compliance
28 violation notice, the particular regulation
29 violated, the vehicle make and state registration
30 number, the fine and any penalty that may be
31 assessed for late payment when so provided by
32 ordinance, the availability of a hearing in which
33 the violation may be contested on its merits, and
34 the time and manner in which the hearing may be had.
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1 The notice of violation shall also state that
2 failure either to pay the indicated fine and any
3 applicable penalty, or to appear at a hearing on the
4 merits in the time and manner specified, will result
5 in a final determination of violation liability for
6 the cited violation in the amount of the fine or
7 penalty indicated, and that, upon the occurrence of
8 a final determination of violation liability for the
9 failure, and the exhaustion of, or failure to
10 exhaust, available administrative or judicial
11 procedures for review, any unpaid fine or penalty
12 will constitute a debt due and owing the
13 municipality.
14 (ii) A notice of final determination of
15 parking, standing, or compliance violation
16 liability. This notice shall be sent following a
17 final determination of parking, standing, or
18 compliance violation liability and the conclusion of
19 judicial review procedures taken under this Section.
20 The notice shall state that the unpaid fine or
21 penalty is a debt due and owing the municipality.
22 The notice shall contain warnings that failure to
23 pay any fine or penalty due and owing the
24 municipality within the time specified may result in
25 the municipality's filing of a petition in the
26 Circuit Court to have the unpaid fine or penalty
27 rendered a judgment as provided by this Section, or
28 may result in suspension of the person's drivers
29 license for failure to pay fines or penalties for 10
30 or more parking violations under Section 6-306.5.
31 (6) A Notice of impending drivers license
32 suspension. This notice shall be sent to the person
33 liable for any fine or penalty that remains due and owing
34 on 10 or more parking violations. The notice shall state
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1 that failure to pay the fine or penalty owing within 45
2 days of the notice's date will result in the municipality
3 notifying the Secretary of State that the person is
4 eligible for initiation of suspension proceedings under
5 Section 6-306.5 of this Code. The notice shall also state
6 that the person may obtain a photostatic copy of an
7 original ticket imposing a fine or penalty by sending a
8 self addressed, stamped envelope to the municipality
9 along with a request for the photostatic copy. The
10 notice of impending drivers license suspension shall be
11 sent by first class United States mail, postage prepaid,
12 to the address recorded with the Secretary of State.
13 (7) Final determinations of violation liability. A
14 final determination of violation liability shall occur
15 following failure to pay the fine or penalty after a
16 hearing officer's determination of violation liability
17 and the exhaustion of or failure to exhaust any
18 administrative review procedures provided by ordinance.
19 Where a person fails to appear at a hearing to contest
20 the alleged violation in the time and manner specified in
21 a prior mailed notice, the hearing officer's
22 determination of violation liability shall become final:
23 (A) upon denial of a timely petition to set aside that
24 determination, or (B) upon expiration of the period for
25 filing the petition without a filing having been made.
26 (8) A petition to set aside a determination of
27 parking, standing, or compliance violation liability that
28 may be filed by a person owing an unpaid fine or penalty.
29 The petition shall be filed with and ruled upon by the
30 traffic compliance administrator in the manner and within
31 the time specified by ordinance. The grounds for the
32 petition may be limited to: (A) the person not having
33 been the owner or lessee of the cited vehicle on the date
34 the violation notice was issued, (B) the person having
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1 already paid the fine or penalty for the violation in
2 question, and (C) excusable failure to appear at or
3 request a new date for a hearing. With regard to
4 municipalities with a population of 1 million or more, it
5 shall be grounds for dismissal of a parking violation if
6 the State registration number or vehicle make specified
7 is incorrect. After the determination of parking,
8 standing, or compliance violation liability has been set
9 aside upon a showing of just cause, the registered owner
10 shall be provided with a hearing on the merits for that
11 violation.
12 (9) Procedures for non-residents. Procedures by
13 which persons who are not residents of the municipality
14 may contest the merits of the alleged violation without
15 attending a hearing.
16 (10) A schedule of civil fines for violations of
17 vehicular standing, parking, and compliance regulations
18 enacted by ordinance pursuant to this Section, and a
19 schedule of penalties for late payment of the fines,
20 provided, however, that the total amount of the fine and
21 penalty for any one violation shall not exceed $250.
22 (11) Other provisions as are necessary and proper
23 to carry into effect the powers granted and purposes
24 stated in this Section.
25 (c) Any municipality establishing vehicular standing,
26 parking, and compliance regulations under this Section may
27 also provide by ordinance for a program of vehicle
28 immobilization for the purpose of facilitating enforcement of
29 those regulations. The program of vehicle immobilization
30 shall provide for immobilizing any eligible vehicle upon the
31 public way by presence of a restraint in a manner to prevent
32 operation of the vehicle. Any ordinance establishing a
33 program of vehicle immobilization under this Section shall
34 provide:
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1 (1) Criteria for the designation of vehicles
2 eligible for immobilization. A vehicle shall be eligible
3 for immobilization when the registered owner of the
4 vehicle has accumulated the number of unpaid final
5 determinations of parking, standing, or compliance
6 violation liability as determined by ordinance.
7 (2) A notice of impending vehicle immobilization
8 and a right to a hearing to challenge the validity of the
9 notice by disproving liability for the unpaid final
10 determinations of parking, standing, or compliance
11 violation liability listed on the notice.
12 (3) The right to a prompt hearing after a vehicle
13 has been immobilized or subsequently towed without
14 payment of the outstanding fines and penalties on
15 parking, standing, or compliance violations for which
16 final determinations have been issued. An order issued
17 after the hearing is a final administrative decision
18 within the meaning of Section 3-101 of the Code of Civil
19 Procedure.
20 (4) A post immobilization and post-towing notice
21 advising the registered owner of the vehicle of the right
22 to a hearing to challenge the validity of the
23 impoundment.
24 (d) Judicial review of final determinations of parking,
25 standing, and compliance violations and final administrative
26 decisions issued after hearings regarding vehicle
27 immobilization and impoundment made under this Section shall
28 be subject to the provisions of the Administrative Review
29 Law.
30 (e) Any fine, penalty, or part of any fine or any
31 penalty remaining unpaid after the exhaustion of, or the
32 failure to exhaust, administrative remedies created under
33 this Section and the conclusion of any judicial review
34 procedures shall be a debt due and owing the municipality
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1 and, as such, may be collected in accordance with applicable
2 law. Payment in full of any fine or penalty resulting from a
3 standing, parking, or compliance violation shall constitute a
4 final disposition of that violation.
5 (f) After the expiration of the period within which
6 judicial review may be sought for a final determination of
7 parking, standing, or compliance violation, the municipality
8 may commence a proceeding in the Circuit Court for purposes
9 of obtaining a judgment on the final determination of
10 violation. Nothing in this Section shall prevent a
11 municipality from consolidating multiple final determinations
12 of parking, standing, or compliance violation against a
13 person in a proceeding. Upon commencement of the action, the
14 municipality shall file a certified copy of the final
15 determination of parking, standing, or compliance violation,
16 which shall be accompanied by a certification that recites
17 facts sufficient to show that the final determination of
18 violation was issued in accordance with this Section and the
19 applicable municipal ordinance. Service of the summons and a
20 copy of the petition may be by any method provided by Section
21 2-203 of the Code of Civil Procedure or by certified mail,
22 return receipt requested, provided that the total amount of
23 fines and penalties for final determinations of parking,
24 standing, or compliance violations does not exceed $2500. If
25 the court is satisfied that the final determination of
26 parking, standing, or compliance violation was entered in
27 accordance with the requirements of this Section and the
28 applicable municipal ordinance, and that the registered owner
29 or the lessee, as the case may be, had an opportunity for an
30 administrative hearing and for judicial review as provided in
31 this Section, the court shall render judgment in favor of the
32 municipality and against the registered owner or the lessee
33 for the amount indicated in the final determination of
34 parking, standing, or compliance violation, plus costs. The
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1 judgment shall have the same effect and may be enforced in
2 the same manner as other judgments for the recovery of money.
3 (Source: P.A. 88-415; 88-437; 88-670, eff. 12-2-94; 89-190,
4 eff. 1-1-96.)".