Bill Text: IL HB4041 | 2015-2016 | 99th General Assembly | Introduced

---

Bill Title: Amends the Illinois Vehicle Code. Provides that in an administrative hearing in which the owner of a vehicle may contest the merits of an alleged automated traffic law violation, the violation must be proven beyond a reasonable doubt and the formal or technical rules of evidence that apply in court proceedings on moving traffic violations shall apply.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2015-03-11 - Added Chief Co-Sponsor Rep. Keith R. Wheeler [HB4041 Detail]

Download: Illinois-2015-HB4041-Introduced.html

---

99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB4041 Introduced , by Rep. Peter Breen SYNOPSIS AS INTRODUCED:
625 ILCS 5/11-208.3 from Ch. 95 1/2, par. 11-208.3
Amends the Illinois Vehicle Code. Provides that in an administrative hearing in which the owner of a vehicle may contest the merits of an alleged automated traffic law violation, the violation must be proven beyond a reasonable doubt and the formal or technical rules of evidence that apply in court proceedings on moving traffic violations shall apply.
LRB099 06228 RJF 26293 b
A BILL FOR
HB4041 LRB099 06228 RJF 26293 b
AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Vehicle Code is amended by changing
Section 11-208.3 as follows:
(625 ILCS 5/11-208.3) (from Ch. 95 1/2, par. 11-208.3)
Sec. 11-208.3. Administrative adjudication of violations
of traffic regulations concerning the standing, parking, or
condition of vehicles, automated traffic law violations, and
automated speed enforcement system violations.
(a) Any municipality or county may provide by ordinance for
a system of administrative adjudication of vehicular standing
and parking violations and vehicle compliance violations as
described in this subsection, automated traffic law violations
as defined in Section 11-208.6, 11-208.9, or 11-1201.1, and
automated speed enforcement system violations as defined in
Section 11-208.8. The administrative system shall have as its
purpose the fair and efficient enforcement of municipal or
county regulations through the administrative adjudication of
automated speed enforcement system or automated traffic law
violations and violations of municipal or county ordinances
regulating the standing and parking of vehicles, the condition
and use of vehicle equipment, and the display of municipal or

HB4041 - 2 - LRB099 06228 RJF 26293 b
county wheel tax licenses within the municipality's or county's
borders. The administrative system shall only have authority to
adjudicate civil offenses carrying fines not in excess of $500
or requiring the completion of a traffic education program, or
both, that occur after the effective date of the ordinance
adopting such a system under this Section. For purposes of this
Section, "compliance violation" means a violation of a
municipal or county regulation governing the condition or use
of equipment on a vehicle or governing the display of a
municipal or county wheel tax license.
(b) Any ordinance establishing a system of administrative
adjudication under this Section shall provide for:
(1) A traffic compliance administrator authorized to
adopt, distribute and process parking, compliance, and
automated speed enforcement system or automated traffic
law violation notices and other notices required by this
Section, collect money paid as fines and penalties for
violation of parking and compliance ordinances and
automated speed enforcement system or automated traffic
law violations, and operate an administrative adjudication
system. The traffic compliance administrator also may make
a certified report to the Secretary of State under Section
6-306.5.
(2) A parking, standing, compliance, automated speed
enforcement system, or automated traffic law violation
notice that shall specify the date, time, and place of

HB4041 - 3 - LRB099 06228 RJF 26293 b
violation of a parking, standing, compliance, automated
speed enforcement system, or automated traffic law
regulation; the particular regulation violated; any
requirement to complete a traffic education program; the
fine and any penalty that may be assessed for late payment
or failure to complete a required traffic education
program, or both, when so provided by ordinance; the
vehicle make and state registration number; and the
identification number of the person issuing the notice.
With regard to automated speed enforcement system or
automated traffic law violations, vehicle make shall be
specified on the automated speed enforcement system or
automated traffic law violation notice if the make is
available and readily discernible. With regard to
municipalities or counties with a population of 1 million
or more, it shall be grounds for dismissal of a parking
violation if the state registration number or vehicle make
specified is incorrect. The violation notice shall state
that the completion of any required traffic education
program, the payment of any indicated fine, and the payment
of any applicable penalty for late payment or failure to
complete a required traffic education program, or both,
shall operate as a final disposition of the violation. The
notice also shall contain information as to the
availability of a hearing in which the violation may be
contested on its merits. The violation notice shall specify

HB4041 - 4 - LRB099 06228 RJF 26293 b
the time and manner in which a hearing may be had.
(3) Service of the parking, standing, or compliance
violation notice by affixing the original or a facsimile of
the notice to an unlawfully parked vehicle or by handing
the notice to the operator of a vehicle if he or she is
present and service of an automated speed enforcement
system or automated traffic law violation notice by mail to
the address of the registered owner or lessee of the cited
vehicle as recorded with the Secretary of State or the
lessor of the motor vehicle within 30 days after the
Secretary of State or the lessor of the motor vehicle
notifies the municipality or county of the identity of the
owner or lessee of the vehicle, but not later than 90 days
after the violation, except that in the case of a lessee of
a motor vehicle, service of an automated traffic law
violation notice may occur no later than 210 days after the
violation. A person authorized by ordinance to issue and
serve parking, standing, and compliance violation notices
shall certify as to the correctness of the facts entered on
the violation notice by signing his or her name to the
notice at the time of service or in the case of a notice
produced by a computerized device, by signing a single
certificate to be kept by the traffic compliance
administrator attesting to the correctness of all notices
produced by the device while it was under his or her
control. In the case of an automated traffic law violation,

HB4041 - 5 - LRB099 06228 RJF 26293 b
the ordinance shall require a determination by a technician
employed or contracted by the municipality or county that,
based on inspection of recorded images, the motor vehicle
was being operated in violation of Section 11-208.6,
11-208.9, or 11-1201.1 or a local ordinance. If the
technician determines that the vehicle entered the
intersection as part of a funeral procession or in order to
yield the right-of-way to an emergency vehicle, a citation
shall not be issued. In municipalities with a population of
less than 1,000,000 inhabitants and counties with a
population of less than 3,000,000 inhabitants, the
automated traffic law ordinance shall require that all
determinations by a technician that a motor vehicle was
being operated in violation of Section 11-208.6, 11-208.9,
or 11-1201.1 or a local ordinance must be reviewed and
approved by a law enforcement officer or retired law
enforcement officer of the municipality or county issuing
the violation. In municipalities with a population of
1,000,000 or more inhabitants and counties with a
population of 3,000,000 or more inhabitants, the automated
traffic law ordinance shall require that all
determinations by a technician that a motor vehicle was
being operated in violation of Section 11-208.6, 11-208.9,
or 11-1201.1 or a local ordinance must be reviewed and
approved by a law enforcement officer or retired law
enforcement officer of the municipality or county issuing

HB4041 - 6 - LRB099 06228 RJF 26293 b
the violation or by an additional fully-trained reviewing
technician who is not employed by the contractor who
employs the technician who made the initial determination.
In the case of an automated speed enforcement system
violation, the ordinance shall require a determination by a
technician employed by the municipality, based upon an
inspection of recorded images, video or other
documentation, including documentation of the speed limit
and automated speed enforcement signage, and documentation
of the inspection, calibration, and certification of the
speed equipment, that the vehicle was being operated in
violation of Article VI of Chapter 11 of this Code or a
similar local ordinance. If the technician determines that
the vehicle speed was not determined by a calibrated,
certified speed equipment device based upon the speed
equipment documentation, or if the vehicle was an emergency
vehicle, a citation may not be issued. The automated speed
enforcement ordinance shall require that all
determinations by a technician that a violation occurred be
reviewed and approved by a law enforcement officer or
retired law enforcement officer of the municipality
issuing the violation or by an additional fully trained
reviewing technician who is not employed by the contractor
who employs the technician who made the initial
determination. Routine and independent calibration of the
speeds produced by automated speed enforcement systems and

HB4041 - 7 - LRB099 06228 RJF 26293 b
equipment shall be conducted annually by a qualified
technician. Speeds produced by an automated speed
enforcement system shall be compared with speeds produced
by lidar or other independent equipment. Radar or lidar
equipment shall undergo an internal validation test no less
frequently than once each week. Qualified technicians
shall test loop based equipment no less frequently than
once a year. Radar equipment shall be checked for accuracy
by a qualified technician when the unit is serviced, when
unusual or suspect readings persist, or when deemed
necessary by a reviewing technician. Radar equipment shall
be checked with the internal frequency generator and the
internal circuit test whenever the radar is turned on.
Technicians must be alert for any unusual or suspect
readings, and if unusual or suspect readings of a radar
unit persist, that unit shall immediately be removed from
service and not returned to service until it has been
checked by a qualified technician and determined to be
functioning properly. Documentation of the annual
calibration results, including the equipment tested, test
date, technician performing the test, and test results,
shall be maintained and available for use in the
determination of an automated speed enforcement system
violation and issuance of a citation. The technician
performing the calibration and testing of the automated
speed enforcement equipment shall be trained and certified

HB4041 - 8 - LRB099 06228 RJF 26293 b
in the use of equipment for speed enforcement purposes.
Training on the speed enforcement equipment may be
conducted by law enforcement, civilian, or manufacturer's
personnel and if applicable may be equivalent to the
equipment use and operations training included in the Speed
Measuring Device Operator Program developed by the
National Highway Traffic Safety Administration (NHTSA).
The vendor or technician who performs the work shall keep
accurate records on each piece of equipment the technician
calibrates and tests. As used in this paragraph,
"fully-trained reviewing technician" means a person who
has received at least 40 hours of supervised training in
subjects which shall include image inspection and
interpretation, the elements necessary to prove a
violation, license plate identification, and traffic
safety and management. In all municipalities and counties,
the automated speed enforcement system or automated
traffic law ordinance shall require that no additional fee
shall be charged to the alleged violator for exercising his
or her right to an administrative hearing, and persons
shall be given at least 25 days following an administrative
hearing to pay any civil penalty imposed by a finding that
Section 11-208.6, 11-208.8, 11-208.9, or 11-1201.1 or a
similar local ordinance has been violated. The original or
a facsimile of the violation notice or, in the case of a
notice produced by a computerized device, a printed record

HB4041 - 9 - LRB099 06228 RJF 26293 b
generated by the device showing the facts entered on the
notice, shall be retained by the traffic compliance
administrator, and shall be a record kept in the ordinary
course of business. A parking, standing, compliance,
automated speed enforcement system, or automated traffic
law violation notice issued, signed and served in
accordance with this Section, a copy of the notice, or the
computer generated record shall be prima facie correct and
shall be prima facie evidence of the correctness of the
facts shown on the notice. The notice, copy, or computer
generated record shall be admissible in any subsequent
administrative or legal proceedings.
(4) An opportunity for a hearing for the registered
owner of the vehicle cited in the parking, standing,
compliance, or automated speed enforcement system, or
automated traffic law violation notice in which the owner
may contest the merits of the alleged violation, and during
which formal or technical rules of evidence shall not
apply; provided, however, that under Section 11-1306 of
this Code the lessee of a vehicle cited in the violation
notice likewise shall be provided an opportunity for a
hearing of the same kind afforded the registered owner. An
opportunity for a hearing for the registered owner of the
vehicle cited in the automated traffic law violation notice
in which the owner may contest the merits of the alleged
violation, and during which the violation must be proven

HB4041 - 10 - LRB099 06228 RJF 26293 b
beyond a reasonable doubt and the formal or technical rules
of evidence that apply in court proceedings on moving
traffic violations shall apply; provided, however, that
under Section 11-1306 of this Code the lessee of a vehicle
cited in the violation notice likewise shall be provided an
opportunity for a hearing of the same kind afforded the
registered owner. The hearings shall be recorded, and the
person conducting the hearing on behalf of the traffic
compliance administrator shall be empowered to administer
oaths and to secure by subpoena both the attendance and
testimony of witnesses and the production of relevant books
and papers. Persons appearing at a hearing under this
Section may be represented by counsel at their expense. The
ordinance may also provide for internal administrative
review following the decision of the hearing officer.
(5) Service of additional notices, sent by first class
United States mail, postage prepaid, to the address of the
registered owner of the cited vehicle as recorded with the
Secretary of State or, if any notice to that address is
returned as undeliverable, to the last known address
recorded in a United States Post Office approved database,
or, under Section 11-1306 or subsection (p) of Section
11-208.6 or 11-208.9, or subsection (p) of Section 11-208.8
of this Code, to the lessee of the cited vehicle at the
last address known to the lessor of the cited vehicle at
the time of lease or, if any notice to that address is

HB4041 - 11 - LRB099 06228 RJF 26293 b
returned as undeliverable, to the last known address
recorded in a United States Post Office approved database.
The service shall be deemed complete as of the date of
deposit in the United States mail. The notices shall be in
the following sequence and shall include but not be limited
to the information specified herein:
(i) A second notice of parking, standing, or
compliance violation. This notice shall specify the
date and location of the violation cited in the
parking, standing, or compliance violation notice, the
particular regulation violated, the vehicle make and
state registration number, any requirement to complete
a traffic education program, the fine and any penalty
that may be assessed for late payment or failure to
complete a traffic education program, or both, when so
provided by ordinance, the availability of a hearing in
which the violation may be contested on its merits, and
the time and manner in which the hearing may be had.
The notice of violation shall also state that failure
to complete a required traffic education program, to
pay the indicated fine and any applicable penalty, or
to appear at a hearing on the merits in the time and
manner specified, will result in a final determination
of violation liability for the cited violation in the
amount of the fine or penalty indicated, and that, upon
the occurrence of a final determination of violation

HB4041 - 12 - LRB099 06228 RJF 26293 b
liability for the failure, and the exhaustion of, or
failure to exhaust, available administrative or
judicial procedures for review, any incomplete traffic
education program or any unpaid fine or penalty, or
both, will constitute a debt due and owing the
municipality or county.
(ii) A notice of final determination of parking,
standing, compliance, automated speed enforcement
system, or automated traffic law violation liability.
This notice shall be sent following a final
determination of parking, standing, compliance,
automated speed enforcement system, or automated
traffic law violation liability and the conclusion of
judicial review procedures taken under this Section.
The notice shall state that the incomplete traffic
education program or the unpaid fine or penalty, or
both, is a debt due and owing the municipality or
county. The notice shall contain warnings that failure
to complete any required traffic education program or
to pay any fine or penalty due and owing the
municipality or county, or both, within the time
specified may result in the municipality's or county's
filing of a petition in the Circuit Court to have the
incomplete traffic education program or unpaid fine or
penalty, or both, rendered a judgment as provided by
this Section, or may result in suspension of the

HB4041 - 13 - LRB099 06228 RJF 26293 b
person's drivers license for failure to complete a
traffic education program or to pay fines or penalties,
or both, for 10 or more parking violations under
Section 6-306.5, or a combination of 5 or more
automated traffic law violations under Section
11-208.6 or 11-208.9 or automated speed enforcement
system violations under Section 11-208.8.
(6) A notice of impending drivers license suspension.
This notice shall be sent to the person liable for failure
to complete a required traffic education program or to pay
any fine or penalty that remains due and owing, or both, on
10 or more parking violations or combination of 5 or more
unpaid automated speed enforcement system or automated
traffic law violations. The notice shall state that failure
to complete a required traffic education program or to pay
the fine or penalty owing, or both, within 45 days of the
notice's date will result in the municipality or county
notifying the Secretary of State that the person is
eligible for initiation of suspension proceedings under
Section 6-306.5 of this Code. The notice shall also state
that the person may obtain a photostatic copy of an
original ticket imposing a fine or penalty by sending a
self addressed, stamped envelope to the municipality or
county along with a request for the photostatic copy. The
notice of impending drivers license suspension shall be
sent by first class United States mail, postage prepaid, to

HB4041 - 14 - LRB099 06228 RJF 26293 b
the address recorded with the Secretary of State or, if any
notice to that address is returned as undeliverable, to the
last known address recorded in a United States Post Office
approved database.
(7) Final determinations of violation liability. A
final determination of violation liability shall occur
following failure to complete the required traffic
education program or to pay the fine or penalty, or both,
after a hearing officer's determination of violation
liability and the exhaustion of or failure to exhaust any
administrative review procedures provided by ordinance.
Where a person fails to appear at a hearing to contest the
alleged violation in the time and manner specified in a
prior mailed notice, the hearing officer's determination
of violation liability shall become final: (A) upon denial
of a timely petition to set aside that determination, or
(B) upon expiration of the period for filing the petition
without a filing having been made.
(8) A petition to set aside a determination of parking,
standing, compliance, automated speed enforcement system,
or automated traffic law violation liability that may be
filed by a person owing an unpaid fine or penalty. A
petition to set aside a determination of liability may also
be filed by a person required to complete a traffic
education program. The petition shall be filed with and
ruled upon by the traffic compliance administrator in the

HB4041 - 15 - LRB099 06228 RJF 26293 b
manner and within the time specified by ordinance. The
grounds for the petition may be limited to: (A) the person
not having been the owner or lessee of the cited vehicle on
the date the violation notice was issued, (B) the person
having already completed the required traffic education
program or paid the fine or penalty, or both, for the
violation in question, and (C) excusable failure to appear
at or request a new date for a hearing. With regard to
municipalities or counties with a population of 1 million
or more, it shall be grounds for dismissal of a parking
violation if the state registration number, or vehicle make
if specified, is incorrect. After the determination of
parking, standing, compliance, automated speed enforcement
system, or automated traffic law violation liability has
been set aside upon a showing of just cause, the registered
owner shall be provided with a hearing on the merits for
that violation.
(9) Procedures for non-residents. Procedures by which
persons who are not residents of the municipality or county
may contest the merits of the alleged violation without
attending a hearing.
(10) A schedule of civil fines for violations of
vehicular standing, parking, compliance, automated speed
enforcement system, or automated traffic law regulations
enacted by ordinance pursuant to this Section, and a
schedule of penalties for late payment of the fines or

HB4041 - 16 - LRB099 06228 RJF 26293 b
failure to complete required traffic education programs,
provided, however, that the total amount of the fine and
penalty for any one violation shall not exceed $250, except
as provided in subsection (c) of Section 11-1301.3 of this
Code.
(11) Other provisions as are necessary and proper to
carry into effect the powers granted and purposes stated in
this Section.
(c) Any municipality or county establishing vehicular
standing, parking, compliance, automated speed enforcement
system, or automated traffic law regulations under this Section
may also provide by ordinance for a program of vehicle
immobilization for the purpose of facilitating enforcement of
those regulations. The program of vehicle immobilization shall
provide for immobilizing any eligible vehicle upon the public
way by presence of a restraint in a manner to prevent operation
of the vehicle. Any ordinance establishing a program of vehicle
immobilization under this Section shall provide:
(1) Criteria for the designation of vehicles eligible
for immobilization. A vehicle shall be eligible for
immobilization when the registered owner of the vehicle has
accumulated the number of incomplete traffic education
programs or unpaid final determinations of parking,
standing, compliance, automated speed enforcement system,
or automated traffic law violation liability, or both, as
determined by ordinance.

HB4041 - 17 - LRB099 06228 RJF 26293 b
(2) A notice of impending vehicle immobilization and a
right to a hearing to challenge the validity of the notice
by disproving liability for the incomplete traffic
education programs or unpaid final determinations of
parking, standing, compliance, automated speed enforcement
system, or automated traffic law violation liability, or
both, listed on the notice.
(3) The right to a prompt hearing after a vehicle has
been immobilized or subsequently towed without the
completion of the required traffic education program or
payment of the outstanding fines and penalties on parking,
standing, compliance, automated speed enforcement system,
or automated traffic law violations, or both, for which
final determinations have been issued. An order issued
after the hearing is a final administrative decision within
the meaning of Section 3-101 of the Code of Civil
Procedure.
(4) A post immobilization and post-towing notice
advising the registered owner of the vehicle of the right
to a hearing to challenge the validity of the impoundment.
(d) Judicial review of final determinations of parking,
standing, compliance, automated speed enforcement system, or
automated traffic law violations and final administrative
decisions issued after hearings regarding vehicle
immobilization and impoundment made under this Section shall be
subject to the provisions of the Administrative Review Law.

HB4041 - 18 - LRB099 06228 RJF 26293 b
(e) Any fine, penalty, incomplete traffic education
program, or part of any fine or any penalty remaining unpaid
after the exhaustion of, or the failure to exhaust,
administrative remedies created under this Section and the
conclusion of any judicial review procedures shall be a debt
due and owing the municipality or county and, as such, may be
collected in accordance with applicable law. Completion of any
required traffic education program and payment in full of any
fine or penalty resulting from a standing, parking, compliance,
automated speed enforcement system, or automated traffic law
violation shall constitute a final disposition of that
violation.
(f) After the expiration of the period within which
judicial review may be sought for a final determination of
parking, standing, compliance, automated speed enforcement
system, or automated traffic law violation, the municipality or
county may commence a proceeding in the Circuit Court for
purposes of obtaining a judgment on the final determination of
violation. Nothing in this Section shall prevent a municipality
or county from consolidating multiple final determinations of
parking, standing, compliance, automated speed enforcement
system, or automated traffic law violations against a person in
a proceeding. Upon commencement of the action, the municipality
or county shall file a certified copy or record of the final
determination of parking, standing, compliance, automated
speed enforcement system, or automated traffic law violation,

HB4041 - 19 - LRB099 06228 RJF 26293 b
which shall be accompanied by a certification that recites
facts sufficient to show that the final determination of
violation was issued in accordance with this Section and the
applicable municipal or county ordinance. Service of the
summons and a copy of the petition may be by any method
provided by Section 2-203 of the Code of Civil Procedure or by
certified mail, return receipt requested, provided that the
total amount of fines and penalties for final determinations of
parking, standing, compliance, automated speed enforcement
system, or automated traffic law violations does not exceed
$2500. If the court is satisfied that the final determination
of parking, standing, compliance, automated speed enforcement
system, or automated traffic law violation was entered in
accordance with the requirements of this Section and the
applicable municipal or county ordinance, and that the
registered owner or the lessee, as the case may be, had an
opportunity for an administrative hearing and for judicial
review as provided in this Section, the court shall render
judgment in favor of the municipality or county and against the
registered owner or the lessee for the amount indicated in the
final determination of parking, standing, compliance,
automated speed enforcement system, or automated traffic law
violation, plus costs. The judgment shall have the same effect
and may be enforced in the same manner as other judgments for
the recovery of money.
(g) The fee for participating in a traffic education

HB4041 - 20 - LRB099 06228 RJF 26293 b
program under this Section shall not exceed $25.
A low-income individual required to complete a traffic
education program under this Section who provides proof of
eligibility for the federal earned income tax credit under
Section 32 of the Internal Revenue Code or the Illinois earned
income tax credit under Section 212 of the Illinois Income Tax
Act shall not be required to pay any fee for participating in a
required traffic education program.
(Source: P.A. 97-29, eff. 1-1-12; 97-333, eff. 8-12-11; 97-672,
eff. 7-1-12; 98-556, eff. 1-1-14; 98-1028, eff. 8-22-14.)