Bill Text: IL SB3096 | 2013-2014 | 98th General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Illinois Vehicle Code. Provides that a judgment creditor or his or her attorney, in addition to the clerk of a court or the judge of a court which has no clerk, shall forward a certified report of any judgment for damages, the rendering and nonpayment of which required the suspension of the driver's license and registration, to the Secretary of State. Effective immediately.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2014-08-22 - Public Act . . . . . . . . . 98-1028 [SB3096 Detail]
Download: Illinois-2013-SB3096-Enrolled.html
Bill Title: Amends the Illinois Vehicle Code. Provides that a judgment creditor or his or her attorney, in addition to the clerk of a court or the judge of a court which has no clerk, shall forward a certified report of any judgment for damages, the rendering and nonpayment of which required the suspension of the driver's license and registration, to the Secretary of State. Effective immediately.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2014-08-22 - Public Act . . . . . . . . . 98-1028 [SB3096 Detail]
Download: Illinois-2013-SB3096-Enrolled.html
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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Vehicle Code is amended by changing | ||||||
5 | Sections 7-307 and 11-208.3 as follows:
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6 | (625 ILCS 5/7-307) (from Ch. 95 1/2, par. 7-307)
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7 | Sec. 7-307. Courts to report nonpayments of judgment. The | ||||||
8 | clerk of a court, or the judge of a court which has no clerk , or | ||||||
9 | the judgment creditor or his or her attorney of record
shall | ||||||
10 | forward to the Secretary of State, on a form prescribed by the
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11 | Secretary, a certified record of any judgment for damages, the | ||||||
12 | rendering
and nonpayment of which judgment required the | ||||||
13 | suspension of the driver's
license and registrations in the | ||||||
14 | name of the judgment debtor hereunder,
such record to be | ||||||
15 | forwarded to the Secretary of State upon request by the
| ||||||
16 | plaintiff after the expiration of 30 days after such judgment | ||||||
17 | has become
final and when such judgment has not been stayed or | ||||||
18 | satisfied within the
amounts specified in this Article as shown | ||||||
19 | by the records of the Court.
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20 | (Source: P.A. 86-549.)
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21 | (625 ILCS 5/11-208.3) (from Ch. 95 1/2, par. 11-208.3)
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22 | Sec. 11-208.3. Administrative adjudication of violations |
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1 | of traffic
regulations concerning the standing, parking, or | ||||||
2 | condition of
vehicles, automated traffic law violations, and | ||||||
3 | automated speed enforcement system violations.
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4 | (a) Any municipality or county may provide by ordinance for | ||||||
5 | a system of
administrative adjudication of vehicular standing | ||||||
6 | and parking violations and
vehicle compliance violations as | ||||||
7 | described in this subsection, automated traffic law violations | ||||||
8 | as defined in Section 11-208.6, 11-208.9, or 11-1201.1, and | ||||||
9 | automated speed enforcement system violations as defined in | ||||||
10 | Section 11-208.8.
The administrative system shall have as its | ||||||
11 | purpose the fair and
efficient enforcement of municipal or | ||||||
12 | county regulations through the
administrative adjudication of | ||||||
13 | automated speed enforcement system or automated traffic law | ||||||
14 | violations and violations of municipal or county ordinances
| ||||||
15 | regulating the standing and parking of vehicles, the condition | ||||||
16 | and use of
vehicle equipment, and the display of municipal or | ||||||
17 | county wheel tax licenses within the
municipality's
or county's | ||||||
18 | borders. The administrative system shall only have authority to | ||||||
19 | adjudicate
civil offenses carrying fines not in excess of $500 | ||||||
20 | or requiring the completion of a traffic education program, or | ||||||
21 | both, that occur after the
effective date of the ordinance | ||||||
22 | adopting such a system under this Section.
For purposes of this | ||||||
23 | Section, "compliance violation" means a violation of a
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24 | municipal or county regulation governing the condition or use | ||||||
25 | of equipment on a vehicle
or governing the display of a | ||||||
26 | municipal or county wheel tax license.
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1 | (b) Any ordinance establishing a system of administrative | ||||||
2 | adjudication
under this Section shall provide for:
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3 | (1) A traffic compliance administrator authorized to
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4 | adopt, distribute and
process parking, compliance, and | ||||||
5 | automated speed enforcement system or automated traffic | ||||||
6 | law violation notices and other notices required
by this
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7 | Section, collect money paid as fines and penalties for | ||||||
8 | violation of parking
and compliance
ordinances and | ||||||
9 | automated speed enforcement system or automated traffic | ||||||
10 | law violations, and operate an administrative adjudication | ||||||
11 | system. The traffic
compliance
administrator also may make | ||||||
12 | a certified report to the Secretary of State
under Section | ||||||
13 | 6-306.5.
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14 | (2) A parking, standing, compliance, automated speed | ||||||
15 | enforcement system, or automated traffic law violation | ||||||
16 | notice
that
shall specify the date,
time, and place of | ||||||
17 | violation of a parking, standing,
compliance, automated | ||||||
18 | speed enforcement system, or automated traffic law
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19 | regulation; the particular regulation
violated; any | ||||||
20 | requirement to complete a traffic education program; the | ||||||
21 | fine and any penalty that may be assessed for late payment | ||||||
22 | or failure to complete a required traffic education | ||||||
23 | program, or both,
when so provided by ordinance; the | ||||||
24 | vehicle make and state registration
number; and the | ||||||
25 | identification number of the
person issuing the notice.
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26 | With regard to automated speed enforcement system or |
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1 | automated traffic law violations, vehicle make shall be | ||||||
2 | specified on the automated speed enforcement system or | ||||||
3 | automated traffic law violation notice if the make is | ||||||
4 | available and readily discernible. With regard to | ||||||
5 | municipalities or counties with a population of 1 million | ||||||
6 | or more, it
shall be grounds for
dismissal of a parking
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7 | violation if the state registration number or vehicle make | ||||||
8 | specified is
incorrect. The violation notice shall state | ||||||
9 | that the completion of any required traffic education | ||||||
10 | program, the payment of any indicated
fine, and the payment | ||||||
11 | of any applicable penalty for late payment or failure to | ||||||
12 | complete a required traffic education program, or both, | ||||||
13 | shall operate as a
final disposition of the violation. The | ||||||
14 | notice also shall contain
information as to the | ||||||
15 | availability of a hearing in which the violation may
be | ||||||
16 | contested on its merits. The violation notice shall specify | ||||||
17 | the
time and manner in which a hearing may be had.
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18 | (3) Service of the parking, standing, or compliance
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19 | violation notice by affixing the
original or a facsimile of | ||||||
20 | the notice to an unlawfully parked vehicle or by
handing | ||||||
21 | the notice to the operator of a vehicle if he or she is
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22 | present and service of an automated speed enforcement | ||||||
23 | system or automated traffic law violation notice by mail to | ||||||
24 | the
address
of the registered owner or lessee of the cited | ||||||
25 | vehicle as recorded with the Secretary of
State or the | ||||||
26 | lessor of the motor vehicle within 30 days after the |
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1 | Secretary of State or the lessor of the motor vehicle | ||||||
2 | notifies the municipality or county of the identity of the | ||||||
3 | owner or lessee of the vehicle, but not later than 90 days | ||||||
4 | after the violation, except that in the case of a lessee of | ||||||
5 | a motor vehicle, service of an automated traffic law | ||||||
6 | violation notice may occur no later than 210 days after the | ||||||
7 | violation. A person authorized by ordinance to issue and | ||||||
8 | serve parking,
standing, and compliance
violation notices | ||||||
9 | shall certify as to the correctness of the facts entered
on | ||||||
10 | the violation notice by signing his or her name to the | ||||||
11 | notice at
the time of service or in the case of a notice | ||||||
12 | produced by a computerized
device, by signing a single | ||||||
13 | certificate to be kept by the traffic
compliance
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14 | administrator attesting to the correctness of all notices | ||||||
15 | produced by the
device while it was under his or her | ||||||
16 | control. In the case of an automated traffic law violation, | ||||||
17 | the ordinance shall
require
a
determination by a technician | ||||||
18 | employed or contracted by the municipality or county that,
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19 | based on inspection of recorded images, the motor vehicle | ||||||
20 | was being operated in
violation of Section 11-208.6, | ||||||
21 | 11-208.9, or 11-1201.1 or a local ordinance.
If the | ||||||
22 | technician determines that the
vehicle entered the | ||||||
23 | intersection as part of a funeral procession or in order to
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24 | yield the right-of-way to an emergency vehicle, a citation | ||||||
25 | shall not be issued. In municipalities with a population of | ||||||
26 | less than 1,000,000 inhabitants and counties with a |
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1 | population of less than 3,000,000 inhabitants, the | ||||||
2 | automated traffic law ordinance shall require that all | ||||||
3 | determinations by a technician that a motor vehicle was | ||||||
4 | being operated in
violation of Section 11-208.6, 11-208.9, | ||||||
5 | or 11-1201.1 or a local ordinance must be reviewed and | ||||||
6 | approved by a law enforcement officer or retired law | ||||||
7 | enforcement officer of the municipality or county issuing | ||||||
8 | the violation. In municipalities with a population of | ||||||
9 | 1,000,000 or more inhabitants and counties with a | ||||||
10 | population of 3,000,000 or more inhabitants, the automated | ||||||
11 | traffic law ordinance shall require that all | ||||||
12 | determinations by a technician that a motor vehicle was | ||||||
13 | being operated in
violation of Section 11-208.6, 11-208.9, | ||||||
14 | or 11-1201.1 or a local ordinance must be reviewed and | ||||||
15 | approved by a law enforcement officer or retired law | ||||||
16 | enforcement officer of the municipality or county issuing | ||||||
17 | the violation or by an additional fully-trained reviewing | ||||||
18 | technician who is not employed by the contractor who | ||||||
19 | employs the technician who made the initial determination. | ||||||
20 | In the case of an automated speed enforcement system | ||||||
21 | violation, the ordinance shall require a determination by a | ||||||
22 | technician employed by the municipality, based upon an | ||||||
23 | inspection of recorded images, video or other | ||||||
24 | documentation, including documentation of the speed limit | ||||||
25 | and automated speed enforcement signage, and documentation | ||||||
26 | of the inspection, calibration, and certification of the |
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1 | speed equipment, that the vehicle was being operated in | ||||||
2 | violation of Article VI of Chapter 11 of this Code or a | ||||||
3 | similar local ordinance. If the technician determines that | ||||||
4 | the vehicle speed was not determined by a calibrated, | ||||||
5 | certified speed equipment device based upon the speed | ||||||
6 | equipment documentation, or if the vehicle was an emergency | ||||||
7 | vehicle, a citation may not be issued. The automated speed | ||||||
8 | enforcement ordinance shall require that all | ||||||
9 | determinations by a technician that a violation occurred be | ||||||
10 | reviewed and approved by a law enforcement officer or | ||||||
11 | retired law enforcement officer of the municipality | ||||||
12 | issuing the violation or by an additional fully trained | ||||||
13 | reviewing technician who is not employed by the contractor | ||||||
14 | who employs the technician who made the initial | ||||||
15 | determination. Routine and independent calibration of the | ||||||
16 | speeds produced by automated speed enforcement systems and | ||||||
17 | equipment shall be conducted annually by a qualified | ||||||
18 | technician. Speeds produced by an automated speed | ||||||
19 | enforcement system shall be compared with speeds produced | ||||||
20 | by lidar or other independent equipment. Radar Qualified | ||||||
21 | technicians shall test radar or lidar equipment shall | ||||||
22 | undergo an internal validation test no less frequently than | ||||||
23 | once each week . Qualified technicians , and shall test loop | ||||||
24 | based equipment no less frequently than once a year. Radar | ||||||
25 | equipment shall be checked for accuracy by a qualified | ||||||
26 | technician when the unit is serviced, when unusual or |
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1 | suspect readings persist, or when deemed necessary by a | ||||||
2 | reviewing technician. Radar equipment shall be checked | ||||||
3 | with the internal frequency generator and certified tuning | ||||||
4 | forks, the internal circuit test , and diode display test | ||||||
5 | whenever the radar is turned on. Technicians must be alert | ||||||
6 | for any unusual or suspect readings, and if unusual or | ||||||
7 | suspect readings of a radar unit persist, that unit shall | ||||||
8 | immediately be removed from service and not returned to | ||||||
9 | service until it has been checked by a qualified technician | ||||||
10 | and determined to be functioning properly. Documentation | ||||||
11 | of the annual calibration results, including the equipment | ||||||
12 | tested, test date, technician performing the test, and test | ||||||
13 | results, shall be maintained and available for use in the | ||||||
14 | determination of an automated speed enforcement system | ||||||
15 | violation and issuance of a citation. The technician | ||||||
16 | performing the calibration and testing of the automated | ||||||
17 | speed enforcement equipment shall be trained and certified | ||||||
18 | in the use of equipment for speed enforcement purposes. | ||||||
19 | Training on the speed enforcement equipment may be | ||||||
20 | conducted by law enforcement, civilian, or manufacturer's | ||||||
21 | personnel and if applicable may shall be equivalent to the | ||||||
22 | equipment use and operations training included in the Speed | ||||||
23 | Measuring Device Operator Program developed by the | ||||||
24 | National Highway Traffic Safety Administration (NHTSA). | ||||||
25 | The vendor or technician who performs the work shall keep | ||||||
26 | accurate records on each piece of equipment the technician |
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1 | calibrates and tests. As used in this paragraph, | ||||||
2 | "fully-trained reviewing technician" means a person who | ||||||
3 | has received at least 40 hours of supervised training in | ||||||
4 | subjects which shall include image inspection and | ||||||
5 | interpretation, the elements necessary to prove a | ||||||
6 | violation, license plate identification, and traffic | ||||||
7 | safety and management. In all municipalities and counties, | ||||||
8 | the automated speed enforcement system or automated | ||||||
9 | traffic law ordinance shall require that no additional fee | ||||||
10 | shall be charged to the alleged violator for exercising his | ||||||
11 | or her right to an administrative hearing, and persons | ||||||
12 | shall be given at least 25 days following an administrative | ||||||
13 | hearing to pay any civil penalty imposed by a finding that | ||||||
14 | Section 11-208.6, 11-208.8, 11-208.9, or 11-1201.1 or a | ||||||
15 | similar local ordinance has been violated. The original or | ||||||
16 | a
facsimile of the violation notice or, in the case of a | ||||||
17 | notice produced by a
computerized device, a printed record | ||||||
18 | generated by the device showing the facts
entered on the | ||||||
19 | notice, shall be retained by the
traffic compliance
| ||||||
20 | administrator, and shall be a record kept in the ordinary | ||||||
21 | course of
business. A parking, standing, compliance, | ||||||
22 | automated speed enforcement system, or automated traffic | ||||||
23 | law violation notice issued,
signed and served in
| ||||||
24 | accordance with this Section, a copy of the notice, or the | ||||||
25 | computer
generated record shall be prima facie
correct and | ||||||
26 | shall be prima facie evidence of the correctness of the |
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1 | facts
shown on the notice. The notice, copy, or computer | ||||||
2 | generated
record shall be admissible in any
subsequent | ||||||
3 | administrative or legal proceedings.
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4 | (4) An opportunity for a hearing for the registered | ||||||
5 | owner of the
vehicle cited in the parking, standing, | ||||||
6 | compliance, automated speed enforcement system, or | ||||||
7 | automated traffic law violation notice in
which the owner | ||||||
8 | may
contest the merits of the alleged violation, and during | ||||||
9 | which formal or
technical rules of evidence shall not | ||||||
10 | apply; provided, however, that under
Section 11-1306 of | ||||||
11 | this Code the lessee of a vehicle cited in the
violation | ||||||
12 | notice likewise shall be provided an opportunity for a | ||||||
13 | hearing of
the same kind afforded the registered owner. The | ||||||
14 | hearings shall be
recorded, and the person conducting the | ||||||
15 | hearing on behalf of the traffic
compliance
administrator | ||||||
16 | shall be empowered to administer oaths and to secure by
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17 | subpoena both the attendance and testimony of witnesses and | ||||||
18 | the production
of relevant books and papers. Persons | ||||||
19 | appearing at a hearing under this
Section may be | ||||||
20 | represented by counsel at their expense. The ordinance may
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21 | also provide for internal administrative review following | ||||||
22 | the decision of
the hearing officer.
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23 | (5) Service of additional notices, sent by first class | ||||||
24 | United States
mail, postage prepaid, to the address of the | ||||||
25 | registered owner of the cited
vehicle as recorded with the | ||||||
26 | Secretary of State or, if any notice to that address is |
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1 | returned as undeliverable, to the last known address | ||||||
2 | recorded in a United States Post Office approved database,
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3 | or, under Section 11-1306
or subsection (p) of Section | ||||||
4 | 11-208.6 or 11-208.9, or subsection (p) of Section 11-208.8 | ||||||
5 | of this Code, to the lessee of the cited vehicle at the | ||||||
6 | last address known
to the lessor of the cited vehicle at | ||||||
7 | the time of lease or, if any notice to that address is | ||||||
8 | returned as undeliverable, to the last known address | ||||||
9 | recorded in a United States Post Office approved database.
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10 | The service shall
be deemed complete as of the date of | ||||||
11 | deposit in the United States mail.
The notices shall be in | ||||||
12 | the following sequence and shall include but not be
limited | ||||||
13 | to the information specified herein:
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14 | (i) A second notice of parking, standing, or | ||||||
15 | compliance violation. This notice shall specify the
| ||||||
16 | date and location of the violation cited in the | ||||||
17 | parking,
standing,
or compliance violation
notice, the | ||||||
18 | particular regulation violated, the vehicle
make and | ||||||
19 | state registration number, any requirement to complete | ||||||
20 | a traffic education program, the fine and any penalty | ||||||
21 | that may be
assessed for late payment or failure to | ||||||
22 | complete a traffic education program, or both, when so | ||||||
23 | provided by ordinance, the availability
of a hearing in | ||||||
24 | which 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 failure |
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1 | to complete a required traffic education program, to | ||||||
2 | pay the indicated fine and any
applicable penalty, or | ||||||
3 | to appear at a hearing on the merits in the time and
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4 | manner specified, will result in a final determination | ||||||
5 | of violation
liability for the cited violation in the | ||||||
6 | amount of the fine or penalty
indicated, and that, upon | ||||||
7 | the occurrence of a final determination of violation | ||||||
8 | liability for the failure, and the exhaustion of, or
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9 | failure to exhaust, available administrative or | ||||||
10 | judicial procedures for
review, any incomplete traffic | ||||||
11 | education program or any unpaid fine or penalty, or | ||||||
12 | both, will constitute a debt due and owing
the | ||||||
13 | municipality or county.
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14 | (ii) A notice of final determination of parking, | ||||||
15 | standing,
compliance, automated speed enforcement | ||||||
16 | system, or automated traffic law violation liability.
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17 | This notice shall be sent following a final | ||||||
18 | determination of parking,
standing, compliance, | ||||||
19 | automated speed enforcement system, or automated | ||||||
20 | traffic law
violation liability and the conclusion of | ||||||
21 | judicial review procedures taken
under this Section. | ||||||
22 | The notice shall state that the incomplete traffic | ||||||
23 | education program or the unpaid fine or
penalty, or | ||||||
24 | both, is a debt due and owing the municipality or | ||||||
25 | county. The notice shall contain
warnings that failure | ||||||
26 | to complete any required traffic education program or |
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1 | to pay any fine or penalty due and owing the
| ||||||
2 | municipality or county, or both, within the time | ||||||
3 | specified may result in the municipality's
or county's | ||||||
4 | filing of a petition in the Circuit Court to have the | ||||||
5 | incomplete traffic education program or unpaid
fine or | ||||||
6 | penalty, or both, rendered a judgment as provided by | ||||||
7 | this Section, or may
result in suspension of the | ||||||
8 | person's drivers license for failure to complete a | ||||||
9 | traffic education program or to pay
fines or penalties, | ||||||
10 | or both, for 10 or more parking violations under | ||||||
11 | Section 6-306.5, or a combination of 5 or more | ||||||
12 | automated traffic law violations under Section | ||||||
13 | 11-208.6 or 11-208.9 or automated speed enforcement | ||||||
14 | system violations under Section 11-208.8.
| ||||||
15 | (6) A notice of impending drivers license suspension. | ||||||
16 | This
notice shall be sent to the person liable for failure | ||||||
17 | to complete a required traffic education program or to pay | ||||||
18 | any fine or penalty that
remains due and owing, or both, on | ||||||
19 | 10 or more parking
violations or combination of 5 or more | ||||||
20 | unpaid automated speed enforcement system or automated | ||||||
21 | traffic law violations. The notice
shall state that failure | ||||||
22 | to complete a required traffic education program or to pay | ||||||
23 | the fine or penalty owing, or both, within 45 days of
the | ||||||
24 | notice's date will result in the municipality or county | ||||||
25 | notifying the Secretary
of State that the person is | ||||||
26 | eligible for initiation of suspension
proceedings under |
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| |||||||
1 | Section 6-306.5 of this Code. The notice shall also state
| ||||||
2 | that the person may obtain a photostatic copy of an | ||||||
3 | original ticket imposing a
fine or penalty by sending a | ||||||
4 | self addressed, stamped envelope to the
municipality or | ||||||
5 | county along with a request for the photostatic copy.
The | ||||||
6 | notice of impending
drivers license suspension shall be | ||||||
7 | sent by first class United States mail,
postage prepaid, to | ||||||
8 | the address recorded with the Secretary of State or, if any | ||||||
9 | notice to that address is returned as undeliverable, to the | ||||||
10 | last known address recorded in a United States Post Office | ||||||
11 | approved database.
| ||||||
12 | (7) Final determinations of violation liability. A | ||||||
13 | final
determination of violation liability shall occur | ||||||
14 | following failure to complete the required traffic | ||||||
15 | education program or
to pay the fine or penalty, or both, | ||||||
16 | after a hearing officer's determination of violation | ||||||
17 | liability 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 the | ||||||
20 | alleged violation in the time
and manner specified in a | ||||||
21 | prior mailed notice, the hearing officer's
determination | ||||||
22 | of violation liability shall become final: (A) upon
denial | ||||||
23 | of a timely petition to set aside that determination, or | ||||||
24 | (B) upon
expiration of the period for filing the petition | ||||||
25 | without a
filing having been made.
| ||||||
26 | (8) A petition to set aside a determination of parking, |
| |||||||
| |||||||
1 | standing,
compliance, automated speed enforcement system, | ||||||
2 | or automated traffic law violation
liability that may be | ||||||
3 | filed by a person owing an unpaid fine or penalty. A | ||||||
4 | petition to set aside a determination of liability may also | ||||||
5 | be filed by a person required to complete a traffic | ||||||
6 | education program.
The petition shall be filed with and | ||||||
7 | ruled upon by the traffic compliance
administrator in the | ||||||
8 | manner and within the time specified by ordinance.
The | ||||||
9 | grounds for the petition may be limited to: (A) the person | ||||||
10 | not having
been the owner or lessee of the cited vehicle on | ||||||
11 | the date the
violation notice was issued, (B) the person | ||||||
12 | having already completed the required traffic education | ||||||
13 | program or paid the fine or
penalty, or both, for the | ||||||
14 | violation in question, and (C) excusable failure to
appear | ||||||
15 | at or
request a new date for a hearing.
With regard to | ||||||
16 | municipalities or counties with a population of 1 million | ||||||
17 | or more, it
shall be grounds for
dismissal of a
parking | ||||||
18 | violation if the state registration number, or vehicle make | ||||||
19 | if specified, is
incorrect. After the determination of
| ||||||
20 | parking, standing, compliance, automated speed enforcement | ||||||
21 | system, or automated traffic law violation liability has | ||||||
22 | been set aside
upon a showing of just
cause, the registered | ||||||
23 | owner shall be provided with a hearing on the merits
for | ||||||
24 | that violation.
| ||||||
25 | (9) Procedures for non-residents. Procedures by which | ||||||
26 | persons who are
not residents of the municipality or county |
| |||||||
| |||||||
1 | may contest the merits of the alleged
violation without | ||||||
2 | attending a hearing.
| ||||||
3 | (10) A schedule of civil fines for violations of | ||||||
4 | vehicular standing,
parking, compliance, automated speed | ||||||
5 | enforcement system, or automated traffic law regulations | ||||||
6 | enacted by ordinance pursuant to this
Section, and a
| ||||||
7 | schedule of penalties for late payment of the fines or | ||||||
8 | failure to complete required traffic education programs, | ||||||
9 | provided, however,
that the total amount of the fine and | ||||||
10 | penalty for any one violation shall
not exceed $250, except | ||||||
11 | as provided in subsection (c) of Section 11-1301.3 of this | ||||||
12 | Code.
| ||||||
13 | (11) Other provisions as are necessary and proper to | ||||||
14 | carry into
effect the powers granted and purposes stated in | ||||||
15 | this Section.
| ||||||
16 | (c) Any municipality or county establishing vehicular | ||||||
17 | standing, parking,
compliance, automated speed enforcement | ||||||
18 | system, or automated traffic law
regulations under this Section | ||||||
19 | may also provide by ordinance for a
program of vehicle | ||||||
20 | immobilization for the purpose of facilitating
enforcement of | ||||||
21 | those regulations. The program of vehicle
immobilization shall | ||||||
22 | provide for immobilizing any eligible vehicle upon the
public | ||||||
23 | way by presence of a restraint in a manner to prevent operation | ||||||
24 | of
the vehicle. Any ordinance establishing a program of vehicle
| ||||||
25 | immobilization under this Section shall provide:
| ||||||
26 | (1) Criteria for the designation of vehicles eligible |
| |||||||
| |||||||
1 | for
immobilization. A vehicle shall be eligible for | ||||||
2 | immobilization when the
registered owner of the vehicle has | ||||||
3 | accumulated the number of incomplete traffic education | ||||||
4 | programs or unpaid final
determinations of parking, | ||||||
5 | standing, compliance, automated speed enforcement system, | ||||||
6 | or automated traffic law violation liability, or both, as
| ||||||
7 | determined by ordinance.
| ||||||
8 | (2) A notice of impending vehicle immobilization and a | ||||||
9 | right to a
hearing to challenge the validity of the notice | ||||||
10 | by disproving liability
for the incomplete traffic | ||||||
11 | education programs or unpaid final determinations of | ||||||
12 | parking, standing, compliance, automated speed enforcement | ||||||
13 | system, or automated traffic law
violation liability, or | ||||||
14 | both, listed
on the notice.
| ||||||
15 | (3) The right to a prompt hearing after a vehicle has | ||||||
16 | been immobilized
or subsequently towed without the | ||||||
17 | completion of the required traffic education program or | ||||||
18 | payment of the outstanding fines and
penalties on parking, | ||||||
19 | standing, compliance, automated speed enforcement system, | ||||||
20 | or automated traffic law violations, or both, for which | ||||||
21 | final
determinations have been
issued. An order issued | ||||||
22 | after the hearing is a final administrative
decision within | ||||||
23 | the meaning of Section 3-101 of the Code of Civil | ||||||
24 | Procedure.
| ||||||
25 | (4) A post immobilization and post-towing notice | ||||||
26 | advising the registered
owner of the vehicle of the right |
| |||||||
| |||||||
1 | to a hearing to challenge the validity
of the impoundment.
| ||||||
2 | (d) Judicial review of final determinations of parking, | ||||||
3 | standing,
compliance, automated speed enforcement system, or | ||||||
4 | automated traffic law
violations and final administrative | ||||||
5 | decisions issued after hearings
regarding vehicle | ||||||
6 | immobilization and impoundment made
under this Section shall be | ||||||
7 | subject to the provisions of
the Administrative Review Law.
| ||||||
8 | (e) Any fine, penalty, incomplete traffic education | ||||||
9 | program, or part of any fine or any penalty remaining
unpaid | ||||||
10 | after the exhaustion of, or the failure to exhaust, | ||||||
11 | administrative
remedies created under this Section and the | ||||||
12 | conclusion of any judicial
review procedures shall be a debt | ||||||
13 | due and owing the municipality or county and, as
such, may be | ||||||
14 | collected in accordance with applicable law. Completion of any | ||||||
15 | required traffic education program and payment in full
of any | ||||||
16 | fine or penalty resulting from a standing, parking,
compliance, | ||||||
17 | automated speed enforcement system, or automated traffic law | ||||||
18 | violation shall
constitute a final disposition of that | ||||||
19 | violation.
| ||||||
20 | (f) After the expiration of the period within which | ||||||
21 | judicial review may
be sought for a final determination of | ||||||
22 | parking, standing, compliance, automated speed enforcement | ||||||
23 | system, or automated traffic law
violation, the municipality
or | ||||||
24 | county may commence a proceeding in the Circuit Court for | ||||||
25 | purposes of obtaining a
judgment on the final determination of | ||||||
26 | violation. Nothing in this
Section shall prevent a municipality |
| |||||||
| |||||||
1 | or county from consolidating multiple final
determinations of | ||||||
2 | parking, standing, compliance, automated speed enforcement | ||||||
3 | system, or automated traffic law violations against a
person in | ||||||
4 | a proceeding.
Upon commencement of the action, the municipality | ||||||
5 | or county shall file a certified
copy or record of the final | ||||||
6 | determination of parking, standing, compliance, automated | ||||||
7 | speed enforcement system, or automated traffic law
violation, | ||||||
8 | which shall be
accompanied by a certification that recites | ||||||
9 | facts sufficient to show that
the final determination of | ||||||
10 | violation was
issued in accordance with this Section and the | ||||||
11 | applicable municipal
or county ordinance. Service of the | ||||||
12 | summons and a copy of the petition may be by
any method | ||||||
13 | provided by Section 2-203 of the Code of Civil Procedure or by
| ||||||
14 | certified mail, return receipt requested, provided that the | ||||||
15 | total amount of
fines and penalties for final determinations of | ||||||
16 | parking, standing,
compliance, automated speed enforcement | ||||||
17 | system, or automated traffic law violations does not
exceed | ||||||
18 | $2500. If the court is satisfied that the final determination | ||||||
19 | of
parking, standing, compliance, automated speed enforcement | ||||||
20 | system, or automated traffic law violation was entered in | ||||||
21 | accordance with
the requirements of
this Section and the | ||||||
22 | applicable municipal or county ordinance, and that the | ||||||
23 | registered
owner or the lessee, as the case may be, had an | ||||||
24 | opportunity for an
administrative hearing and for judicial | ||||||
25 | review as provided in this Section,
the court shall render | ||||||
26 | judgment in favor of the municipality or county and against
the |
| |||||||
| |||||||
1 | registered owner or the lessee for the amount indicated in the | ||||||
2 | final
determination of parking, standing, compliance, | ||||||
3 | automated speed enforcement system, or automated traffic law | ||||||
4 | violation, plus costs.
The judgment shall have
the same effect | ||||||
5 | and may be enforced in the same manner as other judgments
for | ||||||
6 | the recovery of money.
| ||||||
7 | (g) The fee for participating in a traffic education | ||||||
8 | program under this Section shall not exceed $25. | ||||||
9 | A low-income individual required to complete a traffic | ||||||
10 | education program under this Section who provides proof of | ||||||
11 | eligibility for the federal earned income tax credit under | ||||||
12 | Section 32 of the Internal Revenue Code or the Illinois earned | ||||||
13 | income tax credit under Section 212 of the Illinois Income Tax | ||||||
14 | Act shall not be required to pay any fee for participating in a | ||||||
15 | required traffic education program. | ||||||
16 | (Source: P.A. 97-29, eff. 1-1-12; 97-333, eff. 8-12-11; 97-672, | ||||||
17 | eff. 7-1-12; 98-556, eff. 1-1-14.)
| ||||||
18 | Section 99. Effective date. This Act takes effect upon | ||||||
19 | becoming law.
|