96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB2466

 

Introduced 10/14/2009, by Sen. Dan Duffy

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/6-306.5   from Ch. 95 1/2, par. 6-306.5
625 ILCS 5/11-208  from Ch. 95 1/2, par. 11-208
625 ILCS 5/11-208.3   from Ch. 95 1/2, par. 11-208.3
625 ILCS 5/1-105.2 rep.
625 ILCS 5/11-208.6 rep.

    Amends the Illinois Vehicle Code by repealing provisions that allow certain counties and municipalities to enact ordinances providing for an automated traffic law enforcement system to enforce red light violations. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2466 LRB096 13541 AJT 28290 b

1     AN ACT concerning transportation.
 
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 changing
5 Sections 6-306.5, 11-208, and 11-208.3 as follows:
 
6     (625 ILCS 5/6-306.5)  (from Ch. 95 1/2, par. 6-306.5)
7     Sec. 6-306.5. Failure to pay fine or penalty for standing,
8 parking, or compliance, or automated traffic law violations;
9 suspension of driving privileges.
10     (a) Upon receipt of a certified report, as prescribed by
11 subsection (c) of this Section, from any municipality stating
12 that the owner of a registered vehicle has: (1) failed to pay
13 any fine or penalty due and owing as a result of 10 or more
14 violations of a municipality's vehicular standing, parking, or
15 compliance regulations established by ordinance pursuant to
16 Section 11-208.3 of this Code, or (2) failed to pay any fine or
17 penalty due and owing as a result of 5 offenses for automated
18 traffic violations as defined in Section 11-208.6, the
19 Secretary of State shall suspend the driving privileges of such
20 person in accordance with the procedures set forth in this
21 Section. The Secretary shall also suspend the driving
22 privileges of an owner of a registered vehicle upon receipt of
23 a certified report, as prescribed by subsection (f) of this

 

 

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1 Section, from any municipality stating that such person has
2 failed to satisfy any fines or penalties imposed by final
3 judgments for 5 or more automated traffic law violations or 10
4 or more violations of local standing, parking, or compliance
5 regulations after exhaustion of judicial review procedures.
6     (b) Following receipt of the certified report of the
7 municipality as specified in this Section, the Secretary of
8 State shall notify the person whose name appears on the
9 certified report that the person's drivers license will be
10 suspended at the end of a specified period of time unless the
11 Secretary of State is presented with a notice from the
12 municipality certifying that the fine or penalty due and owing
13 the municipality has been paid or that inclusion of that
14 person's name on the certified report was in error. The
15 Secretary's notice shall state in substance the information
16 contained in the municipality's certified report to the
17 Secretary, and shall be effective as specified by subsection
18 (c) of Section 6-211 of this Code.
19     (c) The report of the appropriate municipal official
20 notifying the Secretary of State of unpaid fines or penalties
21 pursuant to this Section shall be certified and shall contain
22 the following:
23         (1) The name, last known address as recorded with the
24     Secretary of State, as provided by the lessor of the cited
25     vehicle at the time of lease, or as recorded in a United
26     States Post Office approved database if any notice sent

 

 

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1     under Section 11-208.3 of this Code is returned as
2     undeliverable, and drivers license number of the person who
3     failed to pay the fine or penalty and the registration
4     number of any vehicle known to be registered to such person
5     in this State.
6         (2) The name of the municipality making the report
7     pursuant to this Section.
8         (3) A statement that the municipality sent a notice of
9     impending drivers license suspension as prescribed by
10     ordinance enacted pursuant to Section 11-208.3, to the
11     person named in the report at the address recorded with the
12     Secretary of State or at the last address known to the
13     lessor of the cited vehicle at the time of lease or, if any
14     notice sent under Section 11-208.3 of this Code is returned
15     as undeliverable, at the last known address recorded in a
16     United States Post Office approved database; the date on
17     which such notice was sent; and the address to which such
18     notice was sent. In a municipality with a population of
19     1,000,000 or more, the report shall also include a
20     statement that the alleged violator's State vehicle
21     registration number and vehicle make, if specified on the
22     automated traffic law violation notice, are correct as they
23     appear on the citations.
24     (d) Any municipality making a certified report to the
25 Secretary of State pursuant to this Section shall notify the
26 Secretary of State, in a form prescribed by the Secretary,

 

 

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1 whenever a person named in the certified report has paid the
2 previously reported fine or penalty or whenever the
3 municipality determines that the original report was in error.
4 A certified copy of such notification shall also be given upon
5 request and at no additional charge to the person named
6 therein. Upon receipt of the municipality's notification or
7 presentation of a certified copy of such notification, the
8 Secretary of State shall terminate the suspension.
9     (e) Any municipality making a certified report to the
10 Secretary of State pursuant to this Section shall also by
11 ordinance establish procedures for persons to challenge the
12 accuracy of the certified report. The ordinance shall also
13 state the grounds for such a challenge, which may be limited to
14 (1) the person not having been the owner or lessee of the
15 vehicle or vehicles receiving 10 or more standing, parking, or
16 compliance violation notices or 5 or more automated traffic law
17 violations on the date or dates such notices were issued; and
18 (2) the person having already paid the fine or penalty for the
19 10 or more standing, parking, or compliance violations or 5 or
20 more automated traffic law violations indicated on the
21 certified report.
22     (f) Any municipality, other than a municipality
23 establishing vehicular standing, parking, and compliance
24 regulations pursuant to Section 11-208.3 or automated traffic
25 law regulations under Section 11-208.6, may also cause a
26 suspension of a person's drivers license pursuant to this

 

 

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1 Section. Such municipality may invoke this sanction by making a
2 certified report to the Secretary of State upon a person's
3 failure to satisfy any fine or penalty imposed by final
4 judgment for 10 or more violations of local standing, parking,
5 or compliance regulations or 5 or more automated traffic law
6 violations after exhaustion of judicial review procedures, but
7 only if:
8         (1) the municipality complies with the provisions of
9     this Section in all respects except in regard to enacting
10     an ordinance pursuant to Section 11-208.3;
11         (2) the municipality has sent a notice of impending
12     drivers license suspension as prescribed by an ordinance
13     enacted pursuant to subsection (g) of this Section; and
14         (3) in municipalities with a population of 1,000,000 or
15     more, the municipality has verified that the alleged
16     violator's State vehicle registration number and vehicle
17     make are correct as they appear on the citations.
18     (g) Any municipality, other than a municipality
19 establishing standing, parking, and compliance regulations
20 pursuant to Section 11-208.3 or automated traffic law
21 regulations under Section 11-208.6, may provide by ordinance
22 for the sending of a notice of impending drivers license
23 suspension to the person who has failed to satisfy any fine or
24 penalty imposed by final judgment for 10 or more violations of
25 local standing, parking, or compliance regulations or 5 or more
26 automated traffic law violations after exhaustion of judicial

 

 

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1 review procedures. An ordinance so providing shall specify that
2 the notice sent to the person liable for any fine or penalty
3 shall state that failure to pay the fine or penalty owing
4 within 45 days of the notice's date will result in the
5 municipality notifying the Secretary of State that the person's
6 drivers license is eligible for suspension pursuant to this
7 Section. The notice of impending drivers license suspension
8 shall be sent by first class United States mail, postage
9 prepaid, to the address recorded with the Secretary of State or
10 at the last address known to the lessor of the cited vehicle at
11 the time of lease or, if any notice sent under Section 11-208.3
12 of this Code is returned as undeliverable, to the last known
13 address recorded in a United States Post Office approved
14 database.
15     (h) An administrative hearing to contest an impending
16 suspension or a suspension made pursuant to this Section may be
17 had upon filing a written request with the Secretary of State.
18 The filing fee for this hearing shall be $20, to be paid at the
19 time the request is made. A municipality which files a
20 certified report with the Secretary of State pursuant to this
21 Section shall reimburse the Secretary for all reasonable costs
22 incurred by the Secretary as a result of the filing of the
23 report, including but not limited to the costs of providing the
24 notice required pursuant to subsection (b) and the costs
25 incurred by the Secretary in any hearing conducted with respect
26 to the report pursuant to this subsection and any appeal from

 

 

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1 such a hearing.
2     (i) The provisions of this Section shall apply on and after
3 January 1, 1988.
4     (j) For purposes of this Section, the term "compliance
5 violation" is defined as in Section 11-208.3.
6 (Source: P.A. 94-294, eff. 1-1-06; 94-795, eff. 5-22-06.)
 
7     (625 ILCS 5/11-208)   (from Ch. 95 1/2, par. 11-208)
8     Sec. 11-208. Powers of local authorities.
9     (a) The provisions of this Code shall not be deemed to
10 prevent local authorities with respect to streets and highways
11 under their jurisdiction and within the reasonable exercise of
12 the police power from:
13         1. Regulating the standing or parking of vehicles,
14     except as limited by Section 11-1306 of this Act;
15         2. Regulating traffic by means of police officers or
16     traffic control signals;
17         3. Regulating or prohibiting processions or
18     assemblages on the highways;
19         4. Designating particular highways as one-way highways
20     and requiring that all vehicles thereon be moved in one
21     specific direction;
22         5. Regulating the speed of vehicles in public parks
23     subject to the limitations set forth in Section 11-604;
24         6. Designating any highway as a through highway, as
25     authorized in Section 11-302, and requiring that all

 

 

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1     vehicles stop before entering or crossing the same or
2     designating any intersection as a stop intersection or a
3     yield right-of-way intersection and requiring all vehicles
4     to stop or yield the right-of-way at one or more entrances
5     to such intersections;
6         7. Restricting the use of highways as authorized in
7     Chapter 15;
8         8. Regulating the operation of bicycles and requiring
9     the registration and licensing of same, including the
10     requirement of a registration fee;
11         9. Regulating or prohibiting the turning of vehicles or
12     specified types of vehicles at intersections;
13         10. Altering the speed limits as authorized in Section
14     11-604;
15         11. Prohibiting U-turns;
16         12. Prohibiting pedestrian crossings at other than
17     designated and marked crosswalks or at intersections;
18         13. Prohibiting parking during snow removal operation;
19         14. Imposing fines in accordance with Section
20     11-1301.3 as penalties for use of any parking place
21     reserved for persons with disabilities, as defined by
22     Section 1-159.1, or disabled veterans by any person using a
23     motor vehicle not bearing registration plates specified in
24     Section 11-1301.1 or a special decal or device as defined
25     in Section 11-1301.2 as evidence that the vehicle is
26     operated by or for a person with disabilities or disabled

 

 

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1     veteran;
2         15. Adopting such other traffic regulations as are
3     specifically authorized by this Code; or
4         16. Enforcing the provisions of subsection (f) of
5     Section 3-413 of this Code or a similar local ordinance.
6     (b) No ordinance or regulation enacted under subsections 1,
7 4, 5, 6, 7, 9, 10, 11 or 13 of paragraph (a) shall be effective
8 until signs giving reasonable notice of such local traffic
9 regulations are posted.
10     (c) The provisions of this Code shall not prevent any
11 municipality having a population of 500,000 or more inhabitants
12 from prohibiting any person from driving or operating any motor
13 vehicle upon the roadways of such municipality with headlamps
14 on high beam or bright.
15     (d) The provisions of this Code shall not be deemed to
16 prevent local authorities within the reasonable exercise of
17 their police power from prohibiting, on private property, the
18 unauthorized use of parking spaces reserved for persons with
19 disabilities.
20     (e) No unit of local government, including a home rule
21 unit, may enact or enforce an ordinance that applies only to
22 motorcycles if the principal purpose for that ordinance is to
23 restrict the access of motorcycles to any highway or portion of
24 a highway for which federal or State funds have been used for
25 the planning, design, construction, or maintenance of that
26 highway. No unit of local government, including a home rule

 

 

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1 unit, may enact an ordinance requiring motorcycle users to wear
2 protective headgear. Nothing in this subsection (e) shall
3 affect the authority of a unit of local government to regulate
4 motorcycles for traffic control purposes or in accordance with
5 Section 12-602 of this Code. No unit of local government,
6 including a home rule unit, may regulate motorcycles in a
7 manner inconsistent with this Code. This subsection (e) is a
8 limitation under subsection (i) of Section 6 of Article VII of
9 the Illinois Constitution on the concurrent exercise by home
10 rule units of powers and functions exercised by the State.
11     (f) (Blank). A municipality or county designated in Section
12 11-208.6 may enact an ordinance providing for an automated
13 traffic law enforcement system to enforce violations of this
14 Code or a similar provision of a local ordinance and imposing
15 liability on a registered owner of a vehicle used in such a
16 violation.
17 (Source: P.A. 94-795, eff. 5-22-06.)
 
18     (625 ILCS 5/11-208.3)  (from Ch. 95 1/2, par. 11-208.3)
19     Sec. 11-208.3. Administrative adjudication of violations
20 of traffic regulations concerning the standing, parking, or
21 condition of vehicles and automated traffic law violations.
22     (a) Any municipality may provide by ordinance for a system
23 of administrative adjudication of vehicular standing and
24 parking violations and vehicle compliance violations as
25 defined in this subsection and automated traffic law violations

 

 

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1 as defined in Section 11-208.6. The administrative system shall
2 have as its purpose the fair and efficient enforcement of
3 municipal regulations through the administrative adjudication
4 of automated traffic law violations and violations of municipal
5 ordinances regulating the standing and parking of vehicles, the
6 condition and use of vehicle equipment, and the display of
7 municipal wheel tax licenses within the municipality's
8 borders. The administrative system shall only have authority to
9 adjudicate civil offenses carrying fines not in excess of $250
10 that occur after the effective date of the ordinance adopting
11 such a system under this Section. For purposes of this Section,
12 "compliance violation" means a violation of a municipal
13 regulation governing the condition or use of equipment on a
14 vehicle or governing the display of a municipal wheel tax
15 license.
16     (b) Any ordinance establishing a system of administrative
17 adjudication under this Section shall provide for:
18         (1) A traffic compliance administrator authorized to
19     adopt, distribute and process parking, and compliance, and
20     automated traffic law violation notices and other notices
21     required by this Section, collect money paid as fines and
22     penalties for violation of parking and compliance
23     ordinances and automated traffic law violations, and
24     operate an administrative adjudication system. The traffic
25     compliance administrator also may make a certified report
26     to the Secretary of State under Section 6-306.5.

 

 

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1         (2) A parking, standing, or compliance, or automated
2     traffic law violation notice that shall specify the date,
3     time, and place of violation of a parking, standing, or
4     compliance, or automated traffic law regulation; the
5     particular regulation violated; the fine and any penalty
6     that may be assessed for late payment, when so provided by
7     ordinance; the vehicle make and state registration number;
8     and the identification number of the person issuing the
9     notice. With regard to automated traffic law violations,
10     vehicle make shall be specified on the automated traffic
11     law violation notice if the make is available and readily
12     discernible. With regard to municipalities with a
13     population of 1 million or more, it shall be grounds for
14     dismissal of a parking violation if the state registration
15     number or vehicle make specified is incorrect. The
16     violation notice shall state that the payment of the
17     indicated fine, and of any applicable penalty for late
18     payment, shall operate as a final disposition of the
19     violation. The notice also shall contain information as to
20     the availability of a hearing in which the violation may be
21     contested on its merits. The violation notice shall specify
22     the time and manner in which a hearing may be had.
23         (3) Service of the parking, standing, or compliance
24     violation notice by affixing the original or a facsimile of
25     the notice to an unlawfully parked vehicle or by handing
26     the notice to the operator of a vehicle if he or she is

 

 

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1     present and service of an automated traffic law violation
2     notice by mail to the address of the registered owner of
3     the cited vehicle as recorded with the Secretary of State
4     within 30 days after the Secretary of State notifies the
5     municipality or county of the identity of the owner of the
6     vehicle, but in no event later than 90 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
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,
19     based on inspection of recorded images, the motor vehicle
20     was being operated in violation of Section 11-208.6 or a
21     local ordinance. If the technician determines that the
22     vehicle entered the intersection as part of a funeral
23     procession or in order to yield the right-of-way to an
24     emergency vehicle, a citation shall not be issued. The
25     original or a facsimile of the violation notice or, in the
26     case of a notice produced by a computerized device, a

 

 

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1     printed record generated by the device showing the facts
2     entered on the notice, shall be retained by the traffic
3     compliance administrator, and shall be a record kept in the
4     ordinary course of business. A parking, standing, or
5     compliance, or automated traffic law violation notice
6     issued, signed and served in accordance with this Section,
7     a copy of the notice, or the computer generated record
8     shall be prima facie correct and shall be prima facie
9     evidence of the correctness of the facts shown on the
10     notice. The notice, copy, or computer generated record
11     shall be admissible in any subsequent administrative or
12     legal proceedings.
13         (4) An opportunity for a hearing for the registered
14     owner of the vehicle cited in the parking, standing, or
15     compliance, or automated traffic law violation notice in
16     which the owner may contest the merits of the alleged
17     violation, and during which formal or technical rules of
18     evidence shall not apply; provided, however, that under
19     Section 11-1306 of this Code the lessee of a vehicle cited
20     in the violation notice likewise shall be provided an
21     opportunity for a hearing of the same kind afforded the
22     registered owner. The hearings shall be recorded, and the
23     person conducting the hearing on behalf of the traffic
24     compliance administrator shall be empowered to administer
25     oaths and to secure by subpoena both the attendance and
26     testimony of witnesses and the production of relevant books

 

 

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1     and papers. Persons appearing at a hearing under this
2     Section may be represented by counsel at their expense. The
3     ordinance may also provide for internal administrative
4     review following the decision of the hearing officer.
5         (5) Service of additional notices, sent by first class
6     United States mail, postage prepaid, to the address of the
7     registered owner of the cited vehicle as recorded with the
8     Secretary of State or, if any notice to that address is
9     returned as undeliverable, to the last known address
10     recorded in a United States Post Office approved database,
11     or, under Section 11-1306 of this Code, to the lessee of
12     the cited vehicle at the last address known to the lessor
13     of the cited vehicle at the time of lease or, if any notice
14     to that address is returned as undeliverable, to the last
15     known address recorded in a United States Post Office
16     approved database. The service shall be deemed complete as
17     of the date of deposit in the United States mail. The
18     notices shall be in the following sequence and shall
19     include but not be limited to the information specified
20     herein:
21             (i) A second notice of parking, standing, or
22         compliance violation. This notice shall specify the
23         date and location of the violation cited in the
24         parking, standing, or compliance violation notice, the
25         particular regulation violated, the vehicle make and
26         state registration number, the fine and any penalty

 

 

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1         that may be assessed for late payment when so provided
2         by ordinance, the availability of a hearing in which
3         the violation may be contested on its merits, and the
4         time and manner in which the hearing may be had. The
5         notice of violation shall also state that failure
6         either to pay the indicated fine and any applicable
7         penalty, or to appear at a hearing on the merits in the
8         time and manner specified, will result in a final
9         determination of violation liability for the cited
10         violation in the amount of the fine or penalty
11         indicated, and that, upon the occurrence of a final
12         determination of violation liability for the failure,
13         and the exhaustion of, or failure to exhaust, available
14         administrative or judicial procedures for review, any
15         unpaid fine or penalty will constitute a debt due and
16         owing the municipality.
17             (ii) A notice of final determination of parking,
18         standing, or compliance, or automated traffic law
19         violation liability. This notice shall be sent
20         following a final determination of parking, standing,
21         or compliance, or automated traffic law violation
22         liability and the conclusion of judicial review
23         procedures taken under this Section. The notice shall
24         state that the unpaid fine or penalty is a debt due and
25         owing the municipality. The notice shall contain
26         warnings that failure to pay any fine or penalty due

 

 

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1         and owing the municipality within the time specified
2         may result in the municipality's filing of a petition
3         in the Circuit Court to have the unpaid fine or penalty
4         rendered a judgment as provided by this Section, or may
5         result in suspension of the person's drivers license
6         for failure to pay fines or penalties for 10 or more
7         parking violations under Section 6-306.5 or 5 or more
8         automated traffic law violations under Section
9         11-208.6.
10         (6) A Notice of impending drivers license suspension.
11     This notice shall be sent to the person liable for any fine
12     or penalty that remains due and owing on 10 or more parking
13     violations or 5 or more unpaid automated traffic law
14     violations. The notice shall state that failure to pay the
15     fine or penalty owing within 45 days of the notice's date
16     will result in the municipality notifying the Secretary of
17     State that the person is eligible for initiation of
18     suspension proceedings under Section 6-306.5 of this Code.
19     The notice shall also state that the person may obtain a
20     photostatic copy of an original ticket imposing a fine or
21     penalty by sending a self addressed, stamped envelope to
22     the municipality along with a request for the photostatic
23     copy. The notice of impending drivers license suspension
24     shall be sent by first class United States mail, postage
25     prepaid, to the address recorded with the Secretary of
26     State or, if any notice to that address is returned as

 

 

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1     undeliverable, to the last known address recorded in a
2     United States Post Office approved database.
3         (7) Final determinations of violation liability. A
4     final determination of violation liability shall occur
5     following failure to pay the fine or penalty after a
6     hearing officer's determination of violation liability and
7     the exhaustion of or failure to exhaust any administrative
8     review procedures provided by ordinance. Where a person
9     fails to appear at a hearing to contest the alleged
10     violation in the time and manner specified in a prior
11     mailed notice, the hearing officer's determination of
12     violation liability shall become final: (A) upon denial of
13     a timely petition to set aside that determination, or (B)
14     upon expiration of the period for filing the petition
15     without a filing having been made.
16         (8) A petition to set aside a determination of parking,
17     standing, or compliance, or automated traffic law
18     violation liability that may be filed by a person owing an
19     unpaid fine or penalty. The petition shall be filed with
20     and ruled upon by the traffic compliance administrator in
21     the manner and within the time specified by ordinance. The
22     grounds for the petition may be limited to: (A) the person
23     not having been the owner or lessee of the cited vehicle on
24     the date the violation notice was issued, (B) the person
25     having already paid the fine or penalty for the violation
26     in question, and (C) excusable failure to appear at or

 

 

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1     request a new date for a hearing. With regard to
2     municipalities with a population of 1 million or more, it
3     shall be grounds for dismissal of a parking violation if
4     the state registration number, or vehicle make if
5     specified, is incorrect. After the determination of
6     parking, standing, or compliance, or automated traffic law
7     violation liability has been set aside upon a showing of
8     just cause, the registered owner shall be provided with a
9     hearing on the merits for that violation.
10         (9) Procedures for non-residents. Procedures by which
11     persons who are not residents of the municipality may
12     contest the merits of the alleged violation without
13     attending a hearing.
14         (10) A schedule of civil fines for violations of
15     vehicular standing, parking, or compliance, or automated
16     traffic law regulations enacted by ordinance pursuant to
17     this Section, and a schedule of penalties for late payment
18     of the fines, provided, however, that the total amount of
19     the fine and penalty for any one violation shall not exceed
20     $250, except as provided in subsection (c) of Section
21     11-1301.3 of this Code.
22         (11) Other provisions as are necessary and proper to
23     carry into effect the powers granted and purposes stated in
24     this Section.
25     (c) Any municipality establishing vehicular standing,
26 parking, or compliance, or automated traffic law regulations

 

 

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1 under this Section may also provide by ordinance for a program
2 of vehicle immobilization for the purpose of facilitating
3 enforcement of those regulations. The program of vehicle
4 immobilization shall provide for immobilizing any eligible
5 vehicle upon the public way by presence of a restraint in a
6 manner to prevent operation of the vehicle. Any ordinance
7 establishing a program of vehicle immobilization under this
8 Section shall provide:
9         (1) Criteria for the designation of vehicles eligible
10     for immobilization. A vehicle shall be eligible for
11     immobilization when the registered owner of the vehicle has
12     accumulated the number of unpaid final determinations of
13     parking, standing, or compliance, or automated traffic law
14     violation liability as determined by ordinance.
15         (2) A notice of impending vehicle immobilization and a
16     right to a hearing to challenge the validity of the notice
17     by disproving liability for the unpaid final
18     determinations of parking, standing, or compliance, or
19     automated traffic law violation liability listed on the
20     notice.
21         (3) The right to a prompt hearing after a vehicle has
22     been immobilized or subsequently towed without payment of
23     the outstanding fines and penalties on parking, standing,
24     or compliance, or automated traffic law violations for
25     which final determinations have been issued. An order
26     issued after the hearing is a final administrative decision

 

 

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1     within the meaning of Section 3-101 of the Code of Civil
2     Procedure.
3         (4) A post immobilization and post-towing notice
4     advising the registered owner of the vehicle of the right
5     to a hearing to challenge the validity of the impoundment.
6     (d) Judicial review of final determinations of parking,
7 standing, or compliance, or automated traffic law violations
8 and final administrative decisions issued after hearings
9 regarding vehicle immobilization and impoundment made under
10 this Section shall be subject to the provisions of the
11 Administrative Review Law.
12     (e) Any fine, penalty, or part of any fine or any penalty
13 remaining unpaid after the exhaustion of, or the failure to
14 exhaust, administrative remedies created under this Section
15 and the conclusion of any judicial review procedures shall be a
16 debt due and owing the municipality and, as such, may be
17 collected in accordance with applicable law. Payment in full of
18 any fine or penalty resulting from a standing, parking, or
19 compliance, or automated traffic law violation shall
20 constitute a final disposition of that violation.
21     (f) After the expiration of the period within which
22 judicial review may be sought for a final determination of
23 parking, standing, or compliance, or automated traffic law
24 violation, the municipality may commence a proceeding in the
25 Circuit Court for purposes of obtaining a judgment on the final
26 determination of violation. Nothing in this Section shall

 

 

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1 prevent a municipality from consolidating multiple final
2 determinations of parking, standing, or compliance, or
3 automated traffic law violations against a person in a
4 proceeding. Upon commencement of the action, the municipality
5 shall file a certified copy or record of the final
6 determination of parking, standing, or compliance, or
7 automated traffic law violation, which shall be accompanied by
8 a certification that recites facts sufficient to show that the
9 final determination of violation was issued in accordance with
10 this Section and the applicable municipal ordinance. Service of
11 the summons and a copy of the petition may be by any method
12 provided by Section 2-203 of the Code of Civil Procedure or by
13 certified mail, return receipt requested, provided that the
14 total amount of fines and penalties for final determinations of
15 parking, standing, or compliance, or automated traffic law
16 violations does not exceed $2500. If the court is satisfied
17 that the final determination of parking, standing, or
18 compliance, or automated traffic law violation was entered in
19 accordance with the requirements of this Section and the
20 applicable municipal ordinance, and that the registered owner
21 or the lessee, as the case may be, had an opportunity for an
22 administrative hearing and for judicial review as provided in
23 this Section, the court shall render judgment in favor of the
24 municipality and against the registered owner or the lessee for
25 the amount indicated in the final determination of parking,
26 standing, or compliance, or automated traffic law violation,

 

 

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1 plus costs. The judgment shall have the same effect and may be
2 enforced in the same manner as other judgments for the recovery
3 of money.
4 (Source: P.A. 94-294, eff. 1-1-06; 94-795, eff. 5-22-06;
5 94-930, eff. 6-26-06; 95-331, eff. 8-21-07.)
 
6     (625 ILCS 5/1-105.2 rep.)
7     (625 ILCS 5/11-208.6 rep.)
8     Section 10. The Illinois Vehicle Code is amended by
9 repealing Sections 1-105.2 and 11-208.6.
 
10     Section 99. Effective date. This Act takes effect upon
11 becoming law.