Full Text of SB3096 98th General Assembly
SB3096enr 98TH GENERAL ASSEMBLY |
| | SB3096 Enrolled | | LRB098 20067 MLW 55319 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 7-307 and 11-208.3 as follows:
| 6 | | (625 ILCS 5/7-307) (from Ch. 95 1/2, par. 7-307)
| 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
| 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.
| 20 | | (Source: P.A. 86-549.)
| 21 | | (625 ILCS 5/11-208.3) (from Ch. 95 1/2, par. 11-208.3)
| 22 | | Sec. 11-208.3. Administrative adjudication of violations |
| | | SB3096 Enrolled | - 2 - | LRB098 20067 MLW 55319 b |
|
| 1 | | of traffic
regulations concerning the standing, parking, or | 2 | | condition of
vehicles, automated traffic law violations, and | 3 | | automated speed enforcement system violations.
| 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
| 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.
|
| | | SB3096 Enrolled | - 3 - | LRB098 20067 MLW 55319 b |
|
| 1 | | (b) Any ordinance establishing a system of administrative | 2 | | adjudication
under this Section shall provide for:
| 3 | | (1) A traffic compliance administrator authorized to
| 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
| 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.
| 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
| 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.
| 26 | | With regard to automated speed enforcement system or |
| | | SB3096 Enrolled | - 4 - | LRB098 20067 MLW 55319 b |
|
| 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
| 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.
| 18 | | (3) Service of the parking, standing, or compliance
| 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
| 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 |
| | | SB3096 Enrolled | - 5 - | LRB098 20067 MLW 55319 b |
|
| 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
| 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, | 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
| 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 |
| | | SB3096 Enrolled | - 6 - | LRB098 20067 MLW 55319 b |
|
| 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 |
| | | SB3096 Enrolled | - 7 - | LRB098 20067 MLW 55319 b |
|
| 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 |
| | | SB3096 Enrolled | - 8 - | LRB098 20067 MLW 55319 b |
|
| 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 |
| | | SB3096 Enrolled | - 9 - | LRB098 20067 MLW 55319 b |
|
| 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 |
| | | SB3096 Enrolled | - 10 - | LRB098 20067 MLW 55319 b |
|
| 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.
| 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
| 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
| 21 | | also provide for internal administrative review following | 22 | | the decision of
the hearing officer.
| 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 |
| | | SB3096 Enrolled | - 11 - | LRB098 20067 MLW 55319 b |
|
| 1 | | returned as undeliverable, to the last known address | 2 | | recorded in a United States Post Office approved database,
| 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.
| 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:
| 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 |
| | | SB3096 Enrolled | - 12 - | LRB098 20067 MLW 55319 b |
|
| 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
| 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
| 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.
| 14 | | (ii) A notice of final determination of parking, | 15 | | standing,
compliance, automated speed enforcement | 16 | | system, or automated traffic law violation liability.
| 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 |
| | | SB3096 Enrolled | - 13 - | LRB098 20067 MLW 55319 b |
|
| 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 |
| | | SB3096 Enrolled | - 14 - | LRB098 20067 MLW 55319 b |
|
| 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, |
| | | SB3096 Enrolled | - 15 - | LRB098 20067 MLW 55319 b |
|
| 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 |
| | | SB3096 Enrolled | - 16 - | LRB098 20067 MLW 55319 b |
|
| 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 |
| | | SB3096 Enrolled | - 17 - | LRB098 20067 MLW 55319 b |
|
| 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 |
| | | SB3096 Enrolled | - 18 - | LRB098 20067 MLW 55319 b |
|
| 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 |
| | | SB3096 Enrolled | - 19 - | LRB098 20067 MLW 55319 b |
|
| 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 |
| | | SB3096 Enrolled | - 20 - | LRB098 20067 MLW 55319 b |
|
| 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.
|
|