093_HB0281

 
                                     LRB093 03806 DRH 03841 b

 1        AN ACT in relation to vehicles.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The  Illinois  Vehicle  Code  is  amended  by
 5    changing Section 11-208.3 as follows:

 6        (625 ILCS 5/11-208.3) (from Ch. 95 1/2, par. 11-208.3)
 7        Sec. 11-208.3.  Administrative adjudication of violations
 8    of  traffic  regulations concerning the standing, parking, or
 9    condition of vehicles.
10        (a)  Any municipality may  provide  by  ordinance  for  a
11    system  of  administrative adjudication of vehicular standing
12    and parking violations and vehicle compliance  violations  as
13    defined  in  this subsection. The administrative system shall
14    have as its purpose the fair  and  efficient  enforcement  of
15    municipal regulations through the administrative adjudication
16    of violations of municipal ordinances regulating the standing
17    and  parking  of  vehicles,  the condition and use of vehicle
18    equipment, and the display of municipal  wheel  tax  licenses
19    within the municipality's borders.  The administrative system
20    shall  only  have authority only to adjudicate civil offenses
21    carrying fines not in excess of $250  that  occur  after  the
22    effective  date of the ordinance adopting such a system under
23    this Section.  For  purposes  of  this  Section,  "compliance
24    violation"  means  a  violation  of  a  municipal  regulation
25    governing  the  condition or use of equipment on a vehicle or
26    governing the display of a municipal wheel tax license.
27        (b)  Any   ordinance    establishing    a    system    of
28    administrative  adjudication under this Section shall provide
29    for:
30             (1)  A traffic compliance  administrator  authorized
31        to  adopt,  distribute and process parking and compliance
 
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 1        violation notices and  other  notices  required  by  this
 2        Section,  collect  money  paid as fines and penalties for
 3        violation  of  parking  and  compliance  ordinances,  and
 4        operate  an  administrative  adjudication  system.    The
 5        traffic   compliance   administrator   also  may  make  a
 6        certified report to the Secretary of State under  Section
 7        6-306.5.
 8             (2)  A  parking,  standing,  or compliance violation
 9        notice that shall specify the date, time,  and  place  of
10        violation   of   a   parking,   standing,  or  compliance
11        regulation; the particular regulation violated; the  fine
12        and  any  penalty  that may be assessed for late payment,
13        when so provided by ordinance; the vehicle make and state
14        registration number; and the identification number of the
15        person issuing the notice. With regard to  municipalities
16        with  a  population  of  1  million  or more, it shall be
17        grounds for dismissal of a parking violation if the State
18        registration  number  or  vehicle   make   specified   is
19        incorrect.  The  violation  notice  shall  state that the
20        payment of the indicated  fine,  and  of  any  applicable
21        penalty  for  late  payment,  shall  operate  as  a final
22        disposition of the  violation.   The  notice  also  shall
23        contain  information  as to the availability of a hearing
24        in which the violation may be contested  on  its  merits.
25        The violation notice shall specify the time and manner in
26        which a hearing may be had.
27             (3)  Service of the parking, standing, or compliance
28        violation  notice by affixing the original or a facsimile
29        of the notice to  an  unlawfully  parked  vehicle  or  by
30        handing  the notice to the operator of a vehicle if he or
31        she is present.  A  person  authorized  by  ordinance  to
32        issue   and   serve  parking,  standing,  and  compliance
33        violation notices shall certify as to the correctness  of
34        the  facts entered on the violation notice by signing his
 
                            -3-      LRB093 03806 DRH 03841 b
 1        or her name to the notice at the time of  service  or  in
 2        the  case  of a notice produced by a computerized device,
 3        by signing a single certificate to be kept by the traffic
 4        compliance administrator attesting to the correctness  of
 5        all notices produced by the device while it was under his
 6        or  her  control.   The  original  or  a facsimile of the
 7        violation notice or, in the case of a notice produced  by
 8        a  computerized device, a printed record generated by the
 9        device showing the facts entered on the notice, shall  be
10        retained  by  the  traffic  compliance administrator, and
11        shall  be  a  record  kept  in  the  ordinary  course  of
12        business.  A parking, standing, or  compliance  violation
13        notice  issued, signed and served in accordance with this
14        Section, a copy of the notice, or the computer  generated
15        record  shall  be  prima facie correct and shall be prima
16        facie evidence of the correctness of the facts  shown  on
17        the  notice.   The  notice,  copy,  or computer generated
18        record   shall   be   admissible   in   any    subsequent
19        administrative or legal proceedings.
20             (4)  An opportunity for a hearing for the registered
21        owner  of  the vehicle cited in the parking, standing, or
22        compliance  violation  notice  in  which  the  owner  may
23        contest the merits of the alleged violation,  and  during
24        which  formal  or  technical  rules of evidence shall not
25        apply; provided, however, that under Section  11-1306  of
26        this  Code the lessee of a vehicle cited in the violation
27        notice likewise shall be provided an  opportunity  for  a
28        hearing  of  the same kind afforded the registered owner.
29        The hearings shall be recorded, and the person conducting
30        the  hearing  on  behalf  of   the   traffic   compliance
31        administrator  shall be empowered to administer oaths and
32        to secure by subpoena both the attendance  and  testimony
33        of  witnesses  and  the  production of relevant books and
34        papers.   Persons  appearing  at  a  hearing  under  this
 
                            -4-      LRB093 03806 DRH 03841 b
 1        Section may be represented by counsel at  their  expense.
 2        The    ordinance    may   also   provide   for   internal
 3        administrative  review  following  the  decision  of  the
 4        hearing officer.
 5             (5)  Service of additional notices,  sent  by  first
 6        class United States mail, postage prepaid, to the address
 7        of  the registered owner of the cited vehicle as recorded
 8        with the Secretary of State or, under Section 11-1306  of
 9        this Code, to the lessee of the cited vehicle at the last
10        address  known  to the lessor of the cited vehicle at the
11        time of lease.  The service shall be deemed  complete  as
12        of  the  date  of  deposit in the United States mail. The
13        notices shall be in  the  following  sequence  and  shall
14        include  but  not be limited to the information specified
15        herein:
16                  (i)  A second notice of violation.  This notice
17             shall specify the date and location of the violation
18             cited  in  the  parking,  standing,  or   compliance
19             violation    notice,   the   particular   regulation
20             violated, the vehicle make  and  state  registration
21             number,  the  fine  and  any  penalty  that  may  be
22             assessed  for  late  payment  when  so  provided  by
23             ordinance,  the  availability  of a hearing in which
24             the violation may be contested on  its  merits,  and
25             the time and manner in which the hearing may be had.
26             The  notice  of  violation  shall  also  state  that
27             failure  either  to  pay  the indicated fine and any
28             applicable penalty, or to appear at a hearing on the
29             merits in the time and manner specified, will result
30             in a final determination of violation liability  for
31             the  cited  violation  in  the amount of the fine or
32             penalty indicated, and that, upon the occurrence  of
33             a final determination of violation liability for the
34             failure,  and  the  exhaustion  of,  or  failure  to
 
                            -5-      LRB093 03806 DRH 03841 b
 1             exhaust,   available   administrative   or  judicial
 2             procedures for review, any unpaid  fine  or  penalty
 3             will   constitute   a   debt   due   and  owing  the
 4             municipality.
 5                  (ii)  A  notice  of  final   determination   of
 6             parking,    standing,    or   compliance   violation
 7             liability. This notice shall  be  sent  following  a
 8             final   determination   of   parking,  standing,  or
 9             compliance violation liability and the conclusion of
10             judicial review procedures taken under this Section.
11             The notice shall  state  that  the  unpaid  fine  or
12             penalty  is  a  debt due and owing the municipality.
13             The notice shall contain warnings  that  failure  to
14             pay   any   fine   or  penalty  due  and  owing  the
15             municipality within the time specified may result in
16             the municipality's  filing  of  a  petition  in  the
17             Circuit  Court  to  have  the unpaid fine or penalty
18             rendered a judgment as provided by this Section,  or
19             may  result  in  suspension  of the person's drivers
20             license for failure to pay fines or penalties for 10
21             or more parking violations under Section 6-306.5.
22             (6)  A   Notice   of   impending   drivers   license
23        suspension.  This notice shall  be  sent  to  the  person
24        liable for any fine or penalty that remains due and owing
25        on 10 or more parking violations.  The notice shall state
26        that  failure  to pay the fine or penalty owing within 45
27        days of the notice's date will result in the municipality
28        notifying the Secretary  of  State  that  the  person  is
29        eligible  for  initiation of suspension proceedings under
30        Section 6-306.5 of this Code. The notice shall also state
31        that the person may  obtain  a  photostatic  copy  of  an
32        original  ticket  imposing a fine or penalty by sending a
33        self addressed,  stamped  envelope  to  the  municipality
34        along  with  a  request  for  the  photostatic copy.  The
 
                            -6-      LRB093 03806 DRH 03841 b
 1        notice of impending drivers license suspension  shall  be
 2        sent  by first class United States mail, postage prepaid,
 3        to the address recorded with the Secretary of State.
 4             (7)  Final determinations of violation liability.  A
 5        final determination of violation  liability  shall  occur
 6        following  failure  to  pay  the  fine or penalty after a
 7        hearing officer's determination  of  violation  liability
 8        and   the   exhaustion  of  or  failure  to  exhaust  any
 9        administrative review procedures provided  by  ordinance.
10        Where  a  person  fails to appear at a hearing to contest
11        the alleged violation in the time and manner specified in
12        a   prior   mailed   notice,   the   hearing    officer's
13        determination  of violation liability shall become final:
14        (A)  upon denial of a timely petition to set  aside  that
15        determination,  or  (B) upon expiration of the period for
16        filing the petition without a filing having been made.
17             (8)  A petition to  set  aside  a  determination  of
18        parking, standing, or compliance violation liability that
19        may be filed by a person owing an unpaid fine or penalty.
20        The  petition  shall  be filed with and ruled upon by the
21        traffic compliance administrator in the manner and within
22        the time specified by  ordinance.  The  grounds  for  the
23        petition  may  be  limited to:  (A) the person not having
24        been the owner or lessee of the cited vehicle on the date
25        the violation notice was issued, (B)  the  person  having
26        already  paid  the  fine  or penalty for the violation in
27        question, and (C)  excusable  failure  to  appear  at  or
28        request  a  new  date  for  a  hearing.  With  regard  to
29        municipalities with a population of 1 million or more, it
30        shall  be grounds for dismissal of a parking violation if
31        the State registration number or vehicle  make  specified
32        is   incorrect.   After  the  determination  of  parking,
33        standing, or compliance violation liability has been  set
34        aside  upon a showing of just cause, the registered owner
 
                            -7-      LRB093 03806 DRH 03841 b
 1        shall be provided with a hearing on the merits  for  that
 2        violation.
 3             (9)  Procedures  for  non-residents.  Procedures  by
 4        which  persons  who are not residents of the municipality
 5        may contest the merits of the alleged  violation  without
 6        attending a hearing.
 7             (10)  A  schedule  of  civil fines for violations of
 8        vehicular standing, parking, and  compliance  regulations
 9        enacted  by  ordinance  pursuant  to  this Section, and a
10        schedule of penalties for  late  payment  of  the  fines,
11        provided,  however, that the total amount of the fine and
12        penalty for any one violation shall not exceed $250.
13             (11)  Other provisions as are necessary  and  proper
14        to  carry  into  effect  the  powers granted and purposes
15        stated in this Section.
16        (c)  Any municipality  establishing  vehicular  standing,
17    parking,  and  compliance  regulations under this Section may
18    also  provide  by  ordinance  for  a   program   of   vehicle
19    immobilization for the purpose of facilitating enforcement of
20    those  regulations.   The  program  of vehicle immobilization
21    shall provide for immobilizing any eligible vehicle upon  the
22    public  way by presence of a restraint in a manner to prevent
23    operation of  the  vehicle.   Any  ordinance  establishing  a
24    program  of  vehicle  immobilization under this Section shall
25    provide:
26             (1)  Criteria  for  the  designation   of   vehicles
27        eligible for immobilization.  A vehicle shall be eligible
28        for  immobilization  when  the  registered  owner  of the
29        vehicle  has  accumulated  the  number  of  unpaid  final
30        determinations  of  parking,  standing,   or   compliance
31        violation liability as determined by ordinance.
32             (2)  A  notice  of  impending vehicle immobilization
33        and a right to a hearing to challenge the validity of the
34        notice by  disproving  liability  for  the  unpaid  final
 
                            -8-      LRB093 03806 DRH 03841 b
 1        determinations   of   parking,  standing,  or  compliance
 2        violation liability listed on the notice.
 3             (3)  The right to a prompt hearing after  a  vehicle
 4        has   been  immobilized  or  subsequently  towed  without
 5        payment  of  the  outstanding  fines  and  penalties   on
 6        parking,  standing,  or  compliance  violations for which
 7        final determinations have been issued.  An  order  issued
 8        after  the  hearing  is  a  final administrative decision
 9        within the meaning of Section 3-101 of the Code of  Civil
10        Procedure.
11             (4)  A  post  immobilization  and post-towing notice
12        advising the registered owner of the vehicle of the right
13        to  a  hearing  to  challenge   the   validity   of   the
14        impoundment.
15        (d)  Judicial  review of final determinations of parking,
16    standing, and compliance violations and final  administrative
17    decisions    issued    after   hearings   regarding   vehicle
18    immobilization and impoundment made under this Section  shall
19    be  subject  to  the  provisions of the Administrative Review
20    Law.
21        (e)  Any fine, penalty,  or  part  of  any  fine  or  any
22    penalty  remaining  unpaid  after  the  exhaustion of, or the
23    failure to exhaust,  administrative  remedies  created  under
24    this  Section  and  the  conclusion  of  any  judicial review
25    procedures shall be a debt due  and  owing  the  municipality
26    and,  as such, may be collected in accordance with applicable
27    law.  Payment in full of any fine or penalty resulting from a
28    standing, parking, or compliance violation shall constitute a
29    final disposition of that violation.
30        (f)  After the expiration  of  the  period  within  which
31    judicial  review  may  be sought for a final determination of
32    parking, standing, or compliance violation, the  municipality
33    may  commence  a proceeding in the Circuit Court for purposes
34    of  obtaining  a  judgment  on  the  final  determination  of
 
                            -9-      LRB093 03806 DRH 03841 b
 1    violation.   Nothing  in  this  Section   shall   prevent   a
 2    municipality from consolidating multiple final determinations
 3    of  parking,  standing,  or  compliance  violation  against a
 4    person in a proceeding. Upon commencement of the action,  the
 5    municipality  shall  file  a  certified  copy  of  the  final
 6    determination  of parking, standing, or compliance violation,
 7    which shall be accompanied by a  certification  that  recites
 8    facts  sufficient  to  show  that  the final determination of
 9    violation was issued in accordance with this Section and  the
10    applicable municipal ordinance.  Service of the summons and a
11    copy of the petition may be by any method provided by Section
12    2-203  of  the  Code of Civil Procedure or by certified mail,
13    return receipt requested, provided that the total  amount  of
14    fines  and  penalties  for  final  determinations of parking,
15    standing, or compliance violations does not exceed $2500.  If
16    the court  is  satisfied  that  the  final  determination  of
17    parking,  standing,  or  compliance  violation was entered in
18    accordance with the requirements  of  this  Section  and  the
19    applicable municipal ordinance, and that the registered owner
20    or  the lessee, as the case may be, had an opportunity for an
21    administrative hearing and for judicial review as provided in
22    this Section, the court shall render judgment in favor of the
23    municipality and against the registered owner or  the  lessee
24    for  the  amount  indicated  in  the  final  determination of
25    parking, standing, or compliance violation, plus  costs.  The
26    judgment  shall  have  the same effect and may be enforced in
27    the same manner as other judgments for the recovery of money.
28    (Source: P.A. 92-695, eff. 1-1-03.)