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| [ Introduced ] | [ Senate Amendment 001 ] |
92_HB3797eng HB3797 Engrossed LRB9212834DHpr 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 Illinois Vehicle Code is amended by 5 changing 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 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 23 this Section. For purposes of this Section, "compliance 24 violation" means a violation of a municipal regulation 25 governing the condition or use of equipment on a vehicle or 26 governing the display of a municipal wheel tax license. 27 (b) Any ordinance establishing a system of 28 administrative adjudication under this Section shall provide 29 for: 30 (1) A traffic compliance administrator authorized 31 to adopt, distribute and process parking and compliance HB3797 Engrossed -2- LRB9212834DHpr 1 violation notices and other notices required by this 2 Section, collect money paid as fines and penalties for 3 violation of parking and compliance ordinances, and 4 operate an administrative adjudication system. The 5 traffic compliance administrator also may make a 6 certified report to the Secretary of State under Section 7 6-306.5. 8 (2) A parking, standing, or compliance violation 9 notice that shall specify the date, time, and place of 10 violation of a parking, standing, or compliance 11 regulation; the particular regulation violated; the fine 12 and any penalty that may be assessed for late payment, 13 when so provided by ordinance; the vehicle make and state 14 registration number; and the identification number of the 15 person issuing the notice. With regard to municipalities 16 with a population of 1 million or more, it shall be 17 grounds for dismissal of a parking violation if the State 18 registration number or vehicle make specified is 19 incorrect. The violation notice shall state that the 20 payment of the indicated fine, and of any applicable 21 penalty for late payment, shall operate as a final 22 disposition of the violation. The notice also shall 23 contain information as to the availability of a hearing 24 in which the violation may be contested on its merits. 25 The violation notice shall specify the time and manner in 26 which a hearing may be had. 27 (3) Service of the parking, standing, or compliance 28 violation notice by affixing the original or a facsimile 29 of the notice to an unlawfully parked vehicle or by 30 handing the notice to the operator of a vehicle if he or 31 she is present. A person authorized by ordinance to 32 issue and serve parking, standing, and compliance 33 violation notices shall certify as to the correctness of 34 the facts entered on the violation notice by signing his HB3797 Engrossed -3- LRB9212834DHpr 1 or her name to the notice at the time of service or in 2 the case of a notice produced by a computerized device, 3 by signing a single certificate to be kept by the traffic 4 compliance administrator attesting to the correctness of 5 all notices produced by the device while it was under his 6 or her control. The original or a facsimile of the 7 violation notice or, in the case of a notice produced by 8 a computerized device, a printed record generated by the 9 device showing the facts entered on the notice, shall be 10 retained by the traffic compliance administrator, and 11 shall be a record kept in the ordinary course of 12 business. A parking, standing, or compliance violation 13 notice issued, signed and served in accordance with this 14 Section,ora copy of the notice, or the computer 15 generated record shall be prima facie correct and shall 16 be prima facie evidence of the correctness of the facts 17 shown on the notice. The notice,orcopy, or computer 18 generated record shall be admissible in any subsequent 19 administrative or legal proceedings. 20 (4) An opportunity for a hearing for the registered 21 owner of the vehicle cited in the parking, standing, or 22 compliance violation notice in which the owner may 23 contest the merits of the alleged violation, and during 24 which formal or technical rules of evidence shall not 25 apply; provided, however, that under Section 11-1306 of 26 this Code the lessee of a vehicle cited in the violation 27 notice likewise shall be provided an opportunity for a 28 hearing of the same kind afforded the registered owner. 29 The hearings shall be recorded, and the person conducting 30 the hearing on behalf of the traffic compliance 31 administrator shall be empowered to administer oaths and 32 to secure by subpoena both the attendance and testimony 33 of witnesses and the production of relevant books and 34 papers. Persons appearing at a hearing under this HB3797 Engrossed -4- LRB9212834DHpr 1 Section may be represented by counsel at their expense. 2 The ordinance may also provide for internal 3 administrative review following the decision of the 4 hearing officer. 5 (5) Service of additional notices, sent by first 6 class United States mail, postage prepaid, to the address 7 of the registered owner of the cited vehicle as recorded 8 with the Secretary of State or, under Section 11-1306 of 9 this Code, to the lessee of the cited vehicle at the last 10 address known to the lessor of the cited vehicle at the 11 time of lease. The service shall be deemed complete as 12 of the date of deposit in the United States mail. The 13 notices shall be in the following sequence and shall 14 include but not be limited to the information specified 15 herein: 16 (i) A second notice of violation. This notice 17 shall specify the date and location of the violation 18 cited in the parking, standing, or compliance 19 violation notice, the particular regulation 20 violated, the vehicle make and state registration 21 number, the fine and any penalty that may be 22 assessed for late payment when so provided by 23 ordinance, the availability of a hearing in which 24 the violation may be contested on its merits, and 25 the time and manner in which the hearing may be had. 26 The notice of violation shall also state that 27 failure either to pay the indicated fine and any 28 applicable penalty, or to appear at a hearing on the 29 merits in the time and manner specified, will result 30 in a final determination of violation liability for 31 the cited violation in the amount of the fine or 32 penalty indicated, and that, upon the occurrence of 33 a final determination of violation liability for the 34 failure, and the exhaustion of, or failure to HB3797 Engrossed -5- LRB9212834DHpr 1 exhaust, available administrative or judicial 2 procedures for review, any unpaid fine or penalty 3 will constitute a debt due and owing the 4 municipality. 5 (ii) A notice of final determination of 6 parking, standing, or compliance violation 7 liability. This notice shall be sent following a 8 final determination of parking, standing, or 9 compliance violation liability and the conclusion of 10 judicial review procedures taken under this Section. 11 The notice shall state that the unpaid fine or 12 penalty is a debt due and owing the municipality. 13 The notice shall contain warnings that failure to 14 pay any fine or penalty due and owing the 15 municipality within the time specified may result in 16 the municipality's filing of a petition in the 17 Circuit Court to have the unpaid fine or penalty 18 rendered a judgment as provided by this Section, or 19 may result in suspension of the person's drivers 20 license for failure to pay fines or penalties for 10 21 or more parking violations under Section 6-306.5. 22 (6) A Notice of impending drivers license 23 suspension. This notice shall be sent to the person 24 liable for any fine or penalty that remains due and owing 25 on 10 or more parking violations. The notice shall state 26 that failure to pay the fine or penalty owing within 45 27 days of the notice's date will result in the municipality 28 notifying the Secretary of State that the person is 29 eligible for initiation of suspension proceedings under 30 Section 6-306.5 of this Code. The notice shall also state 31 that the person may obtain a photostatic copy of an 32 original ticket imposing a fine or penalty by sending a 33 self addressed, stamped envelope to the municipality 34 along with a request for the photostatic copy. The HB3797 Engrossed -6- LRB9212834DHpr 1 notice of impending drivers license suspension shall be 2 sent by first class United States mail, postage prepaid, 3 to the address recorded with the Secretary of State. 4 (7) Final determinations of violation liability. A 5 final determination of violation liability shall occur 6 following failure to pay the fine or penalty after a 7 hearing officer's determination of violation liability 8 and the exhaustion of or failure to exhaust any 9 administrative review procedures provided by ordinance. 10 Where a person fails to appear at a hearing to contest 11 the alleged violation in the time and manner specified in 12 a prior mailed notice, the hearing officer's 13 determination of violation liability shall become final: 14 (A) upon denial of a timely petition to set aside that 15 determination, or (B) upon expiration of the period for 16 filing the petition without a filing having been made. 17 (8) A petition to set aside a determination of 18 parking, standing, or compliance violation liability that 19 may be filed by a person owing an unpaid fine or penalty. 20 The petition shall be filed with and ruled upon by the 21 traffic compliance administrator in the manner and within 22 the time specified by ordinance. The grounds for the 23 petition may be limited to: (A) the person not having 24 been the owner or lessee of the cited vehicle on the date 25 the violation notice was issued, (B) the person having 26 already paid the fine or penalty for the violation in 27 question, and (C) excusable failure to appear at or 28 request a new date for a hearing. With regard to 29 municipalities with a population of 1 million or more, it 30 shall be grounds for dismissal of a parking violation if 31 the State registration number or vehicle make specified 32 is incorrect. After the determination of parking, 33 standing, or compliance violation liability has been set 34 aside upon a showing of just cause, the registered owner HB3797 Engrossed -7- LRB9212834DHpr 1 shall be provided with a hearing on the merits for that 2 violation. 3 (9) Procedures for non-residents. Procedures by 4 which persons who are not residents of the municipality 5 may contest the merits of the alleged violation without 6 attending a hearing. 7 (10) A schedule of civil fines for violations of 8 vehicular standing, parking, and compliance regulations 9 enacted by ordinance pursuant to this Section, and a 10 schedule of penalties for late payment of the fines, 11 provided, however, that the total amount of the fine and 12 penalty for any one violation shall not exceed $250. 13 (11) Other provisions as are necessary and proper 14 to carry into effect the powers granted and purposes 15 stated in this Section. 16 (c) Any municipality establishing vehicular standing, 17 parking, and compliance regulations under this Section may 18 also provide by ordinance for a program of vehicle 19 immobilization for the purpose of facilitating enforcement of 20 those regulations. The program of vehicle immobilization 21 shall provide for immobilizing any eligible vehicle upon the 22 public way by presence of a restraint in a manner to prevent 23 operation of the vehicle. Any ordinance establishing a 24 program of vehicle immobilization under this Section shall 25 provide: 26 (1) Criteria for the designation of vehicles 27 eligible for immobilization. A vehicle shall be eligible 28 for immobilization when the registered owner of the 29 vehicle has accumulated the number of unpaid final 30 determinations of parking, standing, or compliance 31 violation liability as determined by ordinance. 32 (2) A notice of impending vehicle immobilization 33 and a right to a hearing to challenge the validity of the 34 notice by disproving liability for the unpaid final HB3797 Engrossed -8- LRB9212834DHpr 1 determinations of parking, standing, or compliance 2 violation liability listed on the notice. 3 (3) The right to a prompt hearing after a vehicle 4 has been immobilized or subsequently towed without 5 payment of the outstanding fines and penalties on 6 parking, standing, or compliance violations for which 7 final determinations have been issued. An order issued 8 after the hearing is a final administrative decision 9 within the meaning of Section 3-101 of the Code of Civil 10 Procedure. 11 (4) A post immobilization and post-towing notice 12 advising the registered owner of the vehicle of the right 13 to a hearing to challenge the validity of the 14 impoundment. 15 (d) Judicial review of final determinations of parking, 16 standing, and compliance violations and final administrative 17 decisions issued after hearings regarding vehicle 18 immobilization and impoundment made under this Section shall 19 be subject to the provisions of the Administrative Review 20 Law. 21 (e) Any fine, penalty, or part of any fine or any 22 penalty remaining unpaid after the exhaustion of, or the 23 failure to exhaust, administrative remedies created under 24 this Section and the conclusion of any judicial review 25 procedures shall be a debt due and owing the municipality 26 and, as such, may be collected in accordance with applicable 27 law. Payment in full of any fine or penalty resulting from a 28 standing, parking, or compliance violation shall constitute a 29 final disposition of that violation. 30 (f) After the expiration of the period within which 31 judicial review may be sought for a final determination of 32 parking, standing, or compliance violation, the municipality 33 may commence a proceeding in the Circuit Court for purposes 34 of obtaining a judgment on the final determination of HB3797 Engrossed -9- LRB9212834DHpr 1 violation. Nothing in this Section shall prevent a 2 municipality from consolidating multiple final determinations 3 of parking, standing, or compliance violation against a 4 person in a proceeding. Upon commencement of the action, the 5 municipality shall file a certified copy of the final 6 determination of parking, standing, or compliance violation, 7 which shall be accompanied by a certification that recites 8 facts sufficient to show that the final determination of 9 violation was issued in accordance with this Section and the 10 applicable municipal ordinance. Service of the summons and a 11 copy of the petition may be by any method provided by Section 12 2-203 of the Code of Civil Procedure or by certified mail, 13 return receipt requested, provided that the total amount of 14 fines and penalties for final determinations of parking, 15 standing, or compliance violations does not exceed $2500. If 16 the court is satisfied that the final determination of 17 parking, standing, or compliance violation was entered in 18 accordance with the requirements of this Section and the 19 applicable municipal ordinance, and that the registered owner 20 or the lessee, as the case may be, had an opportunity for an 21 administrative hearing and for judicial review as provided in 22 this Section, the court shall render judgment in favor of the 23 municipality and against the registered owner or the lessee 24 for the amount indicated in the final determination of 25 parking, standing, or compliance violation, plus costs. The 26 judgment shall have the same effect and may be enforced in 27 the same manner as other judgments for the recovery of money. 28 (Source: P.A. 88-415; 88-437; 88-670, eff. 12-2-94; 89-190, 29 eff. 1-1-96.)