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| Public Act 098-1028
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| SB3096 Enrolled | LRB098 20067 MLW 55319 b |
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by changing |
Sections 7-307 and 11-208.3 as follows:
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(625 ILCS 5/7-307) (from Ch. 95 1/2, par. 7-307)
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Sec. 7-307. Courts to report nonpayments of judgment. The |
clerk of a court, or the judge of a court which has no clerk, or |
the judgment creditor or his or her attorney of record
shall |
forward to the Secretary of State, on a form prescribed by the
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Secretary, a certified record of any judgment for damages, the |
rendering
and nonpayment of which judgment required the |
suspension of the driver's
license and registrations in the |
name of the judgment debtor hereunder,
such record to be |
forwarded to the Secretary of State upon request by the
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plaintiff after the expiration of 30 days after such judgment |
has become
final and when such judgment has not been stayed or |
satisfied within the
amounts specified in this Article as shown |
by the records of the Court.
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(Source: P.A. 86-549.)
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(625 ILCS 5/11-208.3) (from Ch. 95 1/2, par. 11-208.3)
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Sec. 11-208.3. Administrative adjudication of violations |
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of traffic
regulations concerning the standing, parking, or |
condition of
vehicles, automated traffic law violations, and |
automated speed enforcement system violations.
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(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
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regulating the standing and parking of vehicles, the condition |
and use of
vehicle equipment, and the display of municipal or |
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
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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.
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(b) Any ordinance establishing a system of administrative |
adjudication
under this Section shall provide for:
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(1) A traffic compliance administrator authorized to
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adopt, distribute and
process parking, compliance, and |
automated speed enforcement system or automated traffic |
law violation notices and other notices required
by this
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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.
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(2) A parking, standing, compliance, automated speed |
enforcement system, or automated traffic law violation |
notice
that
shall specify the date,
time, and place of |
violation of a parking, standing,
compliance, automated |
speed enforcement system, or automated traffic law
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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.
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With regard to automated speed enforcement system or |
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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
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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 |
the
time and manner in which a hearing may be had.
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(3) Service of the parking, standing, or compliance
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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
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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 |
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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
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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, |
the ordinance shall
require
a
determination by a technician |
employed or contracted by the municipality or county that,
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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
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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 |
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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 |
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 |
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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 |
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 Qualified |
technicians shall test radar or lidar equipment shall |
undergo an internal validation test no less frequently than |
once each week. Qualified technicians , and 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 |
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suspect readings persist, or when deemed necessary by a |
reviewing technician. Radar equipment shall be checked |
with the internal frequency generator and certified tuning |
forks, the internal circuit test, and diode display 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 |
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 shall 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 |
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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 |
generated by the device showing the facts
entered on the |
notice, shall be retained by the
traffic compliance
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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
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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 |
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facts
shown on the notice. The notice, copy, or computer |
generated
record shall be admissible in any
subsequent |
administrative or legal proceedings.
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(4) An opportunity for a hearing for the registered |
owner of the
vehicle cited in the parking, standing, |
compliance, 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. 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
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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
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also provide for internal administrative review following |
the decision of
the hearing officer.
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(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 |
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returned as undeliverable, to the last known address |
recorded in a United States Post Office approved database,
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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 |
returned as undeliverable, to the last known address |
recorded in a United States Post Office approved database.
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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:
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(i) A second notice of parking, standing, or |
compliance violation. This notice shall specify the
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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 |
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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
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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 |
liability for the failure, and the exhaustion of, or
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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.
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(ii) A notice of final determination of parking, |
standing,
compliance, automated speed enforcement |
system, or automated traffic law violation liability.
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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 |
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to pay any fine or penalty due and owing the
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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 |
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.
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(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 |
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Section 6-306.5 of this Code. The notice shall also state
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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 |
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.
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(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
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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.
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(8) A petition to set aside a determination of parking, |
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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 |
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
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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.
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(9) Procedures for non-residents. Procedures by which |
persons who are
not residents of the municipality or county |
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may contest the merits of the alleged
violation without |
attending a hearing.
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(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
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schedule of penalties for late payment of the fines or |
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.
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(11) Other provisions as are necessary and proper to |
carry into
effect the powers granted and purposes stated in |
this Section.
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(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
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immobilization under this Section shall provide:
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(1) Criteria for the designation of vehicles eligible |
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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
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determined by ordinance.
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(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.
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(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.
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(4) A post immobilization and post-towing notice |
advising the registered
owner of the vehicle of the right |
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to a hearing to challenge the validity
of the impoundment.
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(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.
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(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.
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(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, |
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
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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 |
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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.
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(g) The fee for participating in a traffic education |
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.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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