Full Text of HB4111 99th General Assembly
HB4111 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB4111 Introduced , by Rep. Esther Golar SYNOPSIS AS INTRODUCED: |
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625 ILCS 5/11-208.3 | from Ch. 95 1/2, par. 11-208.3 |
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Amends the Illinois Vehicle Code. Requires that service of a parking violation notice shall also require the issuing law enforcement officer or agency to photograph the cited vehicle and nearby signage, if any, showing why the vehicle was issued a parking violation. Provides that the issuing authority may mail the photograph to the address of the registered owner or lessee of the cited vehicle as recorded with the Secretary of State, along with a copy of the notice, within 2 days of the parking violation. Provides that upon issuance of an additional parking violation notice, the issuing law enforcement officer or agency shall mail, to the registered owner or lessee, a photograph of the cited vehicle and nearby signage, if any, showing why the vehicle was issued a parking violation, along with the additional notice.
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| | A BILL FOR |
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| 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 | | 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, automated traffic law violations, and | 10 | | automated speed enforcement system violations.
| 11 | | (a) Any municipality or county may provide by ordinance for | 12 | | a system of
administrative adjudication of vehicular standing | 13 | | and parking violations and
vehicle compliance violations as | 14 | | described in this subsection, automated traffic law violations | 15 | | as defined in Section 11-208.6, 11-208.9, or 11-1201.1, and | 16 | | automated speed enforcement system violations as defined in | 17 | | Section 11-208.8.
The administrative system shall have as its | 18 | | purpose the fair and
efficient enforcement of municipal or | 19 | | county regulations through the
administrative adjudication of | 20 | | automated speed enforcement system or automated traffic law | 21 | | violations and violations of municipal or county ordinances
| 22 | | regulating the standing and parking of vehicles, the condition | 23 | | and use of
vehicle equipment, and the display of municipal or |
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| 1 | | county wheel tax licenses within the
municipality's
or county's | 2 | | borders. The administrative system shall only have authority to | 3 | | adjudicate
civil offenses carrying fines not in excess of $500 | 4 | | or requiring the completion of a traffic education program, or | 5 | | both, that occur after the
effective date of the ordinance | 6 | | adopting such a system under this Section.
For purposes of this | 7 | | Section, "compliance violation" means a violation of a
| 8 | | municipal or county regulation governing the condition or use | 9 | | of equipment on a vehicle
or governing the display of a | 10 | | municipal or county wheel tax license.
| 11 | | (b) Any ordinance establishing a system of administrative | 12 | | adjudication
under this Section shall provide for:
| 13 | | (1) A traffic compliance administrator authorized to
| 14 | | adopt, distribute and
process parking, compliance, and | 15 | | automated speed enforcement system or automated traffic | 16 | | law violation notices and other notices required
by this
| 17 | | Section, collect money paid as fines and penalties for | 18 | | violation of parking
and compliance
ordinances and | 19 | | automated speed enforcement system or automated traffic | 20 | | law violations, and operate an administrative adjudication | 21 | | system. The traffic
compliance
administrator also may make | 22 | | a certified report to the Secretary of State
under Section | 23 | | 6-306.5.
| 24 | | (2) A parking, standing, compliance, automated speed | 25 | | enforcement system, or automated traffic law violation | 26 | | notice
that
shall specify the date,
time, and place of |
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| 1 | | violation of a parking, standing,
compliance, automated | 2 | | speed enforcement system, or automated traffic law
| 3 | | regulation; the particular regulation
violated; any | 4 | | requirement to complete a traffic education program; the | 5 | | fine and any penalty that may be assessed for late payment | 6 | | or failure to complete a required traffic education | 7 | | program, or both,
when so provided by ordinance; the | 8 | | vehicle make and state registration
number; and the | 9 | | identification number of the
person issuing the notice.
| 10 | | With regard to automated speed enforcement system or | 11 | | automated traffic law violations, vehicle make shall be | 12 | | specified on the automated speed enforcement system or | 13 | | automated traffic law violation notice if the make is | 14 | | available and readily discernible. With regard to | 15 | | municipalities or counties with a population of 1 million | 16 | | or more, it
shall be grounds for
dismissal of a parking
| 17 | | violation if the state registration number or vehicle make | 18 | | specified is
incorrect. The violation notice shall state | 19 | | that the completion of any required traffic education | 20 | | program, the payment of any indicated
fine, and the payment | 21 | | of any applicable penalty for late payment or failure to | 22 | | complete a required traffic education program, or both, | 23 | | shall operate as a
final disposition of the violation. The | 24 | | notice also shall contain
information as to the | 25 | | availability of a hearing in which the violation may
be | 26 | | contested on its merits. The violation notice shall specify |
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| 1 | | the
time and manner in which a hearing may be had.
| 2 | | (3) Service of the parking, standing, or compliance
| 3 | | violation notice may be accomplished by affixing the
| 4 | | original or a facsimile of the notice to an unlawfully | 5 | | parked vehicle or by
handing the notice to the operator of | 6 | | a vehicle if he or she is
present . The issuing law | 7 | | enforcement officer or agency of a parking violation shall | 8 | | include with the notice a photograph of the cited vehicle | 9 | | and nearby signage, if any, showing why the vehicle was | 10 | | issued a parking violation. The law enforcement officer or | 11 | | agency may mail the photograph to the address of the | 12 | | registered owner or lessee of the cited vehicle as recorded | 13 | | with the Secretary of State, along with a copy of the | 14 | | notice, within 2 business days of the parking violation. | 15 | | Service and service of an automated speed enforcement | 16 | | system or automated traffic law violation notice by mail to | 17 | | the
address
of the registered owner or lessee of the cited | 18 | | vehicle as recorded with the Secretary of
State or the | 19 | | lessor of the motor vehicle within 30 days after the | 20 | | Secretary of State or the lessor of the motor vehicle | 21 | | notifies the municipality or county of the identity of the | 22 | | owner or lessee of the vehicle, but not later than 90 days | 23 | | after the violation, except that in the case of a lessee of | 24 | | a motor vehicle, service of an automated traffic law | 25 | | violation notice may occur no later than 210 days after the | 26 | | violation. A person authorized by ordinance to issue and |
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| 1 | | serve parking,
standing, and compliance
violation notices | 2 | | shall certify as to the correctness of the facts entered
on | 3 | | the violation notice by signing his or her name to the | 4 | | notice at
the time of service or in the case of a notice | 5 | | produced by a computerized
device, by signing a single | 6 | | certificate to be kept by the traffic
compliance
| 7 | | administrator attesting to the correctness of all notices | 8 | | produced by the
device while it was under his or her | 9 | | control. In the case of an automated traffic law violation, | 10 | | the ordinance shall
require
a
determination by a technician | 11 | | employed or contracted by the municipality or county that,
| 12 | | based on inspection of recorded images, the motor vehicle | 13 | | was being operated in
violation of Section 11-208.6, | 14 | | 11-208.9, or 11-1201.1 or a local ordinance.
If the | 15 | | technician determines that the
vehicle entered the | 16 | | intersection as part of a funeral procession or in order to
| 17 | | yield the right-of-way to an emergency vehicle, a citation | 18 | | shall not be issued. In municipalities with a population of | 19 | | less than 1,000,000 inhabitants and counties with a | 20 | | population of less than 3,000,000 inhabitants, the | 21 | | automated traffic law ordinance shall require that all | 22 | | determinations by a technician that a motor vehicle was | 23 | | being operated in
violation of Section 11-208.6, 11-208.9, | 24 | | or 11-1201.1 or a local ordinance must be reviewed and | 25 | | approved by a law enforcement officer or retired law | 26 | | enforcement officer of the municipality or county issuing |
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| 1 | | the violation. In municipalities with a population of | 2 | | 1,000,000 or more inhabitants and counties with a | 3 | | population of 3,000,000 or more inhabitants, the automated | 4 | | traffic law ordinance shall require that all | 5 | | determinations by a technician that a motor vehicle was | 6 | | being operated in
violation of Section 11-208.6, 11-208.9, | 7 | | or 11-1201.1 or a local ordinance must be reviewed and | 8 | | approved by a law enforcement officer or retired law | 9 | | enforcement officer of the municipality or county issuing | 10 | | the violation or by an additional fully-trained reviewing | 11 | | technician who is not employed by the contractor who | 12 | | employs the technician who made the initial determination. | 13 | | In the case of an automated speed enforcement system | 14 | | violation, the ordinance shall require a determination by a | 15 | | technician employed by the municipality, based upon an | 16 | | inspection of recorded images, video or other | 17 | | documentation, including documentation of the speed limit | 18 | | and automated speed enforcement signage, and documentation | 19 | | of the inspection, calibration, and certification of the | 20 | | speed equipment, that the vehicle was being operated in | 21 | | violation of Article VI of Chapter 11 of this Code or a | 22 | | similar local ordinance. If the technician determines that | 23 | | the vehicle speed was not determined by a calibrated, | 24 | | certified speed equipment device based upon the speed | 25 | | equipment documentation, or if the vehicle was an emergency | 26 | | vehicle, a citation may not be issued. The automated speed |
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| 1 | | enforcement ordinance shall require that all | 2 | | determinations by a technician that a violation occurred be | 3 | | reviewed and approved by a law enforcement officer or | 4 | | retired law enforcement officer of the municipality | 5 | | issuing the violation or by an additional fully trained | 6 | | reviewing technician who is not employed by the contractor | 7 | | who employs the technician who made the initial | 8 | | determination. Routine and independent calibration of the | 9 | | speeds produced by automated speed enforcement systems and | 10 | | equipment shall be conducted annually by a qualified | 11 | | technician. Speeds produced by an automated speed | 12 | | enforcement system shall be compared with speeds produced | 13 | | by lidar or other independent equipment. Radar or lidar | 14 | | equipment shall undergo an internal validation test no less | 15 | | frequently than once each week. Qualified technicians | 16 | | shall test loop based equipment no less frequently than | 17 | | once a year. Radar equipment shall be checked for accuracy | 18 | | by a qualified technician when the unit is serviced, when | 19 | | unusual or suspect readings persist, or when deemed | 20 | | necessary by a reviewing technician. Radar equipment shall | 21 | | be checked with the internal frequency generator and the | 22 | | internal circuit test whenever the radar is turned on. | 23 | | Technicians must be alert for any unusual or suspect | 24 | | readings, and if unusual or suspect readings of a radar | 25 | | unit persist, that unit shall immediately be removed from | 26 | | service and not returned to service until it has been |
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| 1 | | checked by a qualified technician and determined to be | 2 | | functioning properly. Documentation of the annual | 3 | | calibration results, including the equipment tested, test | 4 | | date, technician performing the test, and test results, | 5 | | shall be maintained and available for use in the | 6 | | determination of an automated speed enforcement system | 7 | | violation and issuance of a citation. The technician | 8 | | performing the calibration and testing of the automated | 9 | | speed enforcement equipment shall be trained and certified | 10 | | in the use of equipment for speed enforcement purposes. | 11 | | Training on the speed enforcement equipment may be | 12 | | conducted by law enforcement, civilian, or manufacturer's | 13 | | personnel and if applicable may be equivalent to the | 14 | | equipment use and operations training included in the Speed | 15 | | Measuring Device Operator Program developed by the | 16 | | National Highway Traffic Safety Administration (NHTSA). | 17 | | The vendor or technician who performs the work shall keep | 18 | | accurate records on each piece of equipment the technician | 19 | | calibrates and tests. As used in this paragraph, | 20 | | "fully-trained reviewing technician" means a person who | 21 | | has received at least 40 hours of supervised training in | 22 | | subjects which shall include image inspection and | 23 | | interpretation, the elements necessary to prove a | 24 | | violation, license plate identification, and traffic | 25 | | safety and management. In all municipalities and counties, | 26 | | the automated speed enforcement system or automated |
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| 1 | | traffic law ordinance shall require that no additional fee | 2 | | shall be charged to the alleged violator for exercising his | 3 | | or her right to an administrative hearing, and persons | 4 | | shall be given at least 25 days following an administrative | 5 | | hearing to pay any civil penalty imposed by a finding that | 6 | | Section 11-208.6, 11-208.8, 11-208.9, or 11-1201.1 or a | 7 | | similar local ordinance has been violated. The original or | 8 | | a
facsimile of the violation notice or, in the case of a | 9 | | notice produced by a
computerized device, a printed record | 10 | | generated by the device showing the facts
entered on the | 11 | | notice, shall be retained by the
traffic compliance
| 12 | | administrator, and shall be a record kept in the ordinary | 13 | | course of
business. A parking, standing, compliance, | 14 | | automated speed enforcement system, or automated traffic | 15 | | law violation notice issued,
signed and served in
| 16 | | accordance with this Section, a copy of the notice, or the | 17 | | computer
generated record shall be prima facie
correct and | 18 | | shall be prima facie evidence of the correctness of the | 19 | | facts
shown on the notice. The notice, copy, or computer | 20 | | generated
record shall be admissible in any
subsequent | 21 | | administrative or legal proceedings.
| 22 | | (4) An opportunity for a hearing for the registered | 23 | | owner of the
vehicle cited in the parking, standing, | 24 | | compliance, automated speed enforcement system, or | 25 | | automated traffic law violation notice in
which the owner | 26 | | may
contest the merits of the alleged violation, and during |
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| 1 | | which formal or
technical rules of evidence shall not | 2 | | apply; provided, however, that under
Section 11-1306 of | 3 | | this Code the lessee of a vehicle cited in the
violation | 4 | | notice likewise shall be provided an opportunity for a | 5 | | hearing of
the same kind afforded the registered owner. The | 6 | | hearings shall be
recorded, and the person conducting the | 7 | | hearing on behalf of the traffic
compliance
administrator | 8 | | shall be empowered to administer oaths and to secure by
| 9 | | subpoena both the attendance and testimony of witnesses and | 10 | | the production
of relevant books and papers. Persons | 11 | | appearing at a hearing under this
Section may be | 12 | | represented by counsel at their expense. The ordinance may
| 13 | | also provide for internal administrative review following | 14 | | the decision of
the hearing officer.
| 15 | | (5) Service of additional notices, sent by first class | 16 | | United States
mail, postage prepaid, to the address of the | 17 | | registered owner of the cited
vehicle as recorded with the | 18 | | Secretary of State or, if any notice to that address is | 19 | | returned as undeliverable, to the last known address | 20 | | recorded in a United States Post Office approved database,
| 21 | | or, under Section 11-1306
or subsection (p) of Section | 22 | | 11-208.6 or 11-208.9, or subsection (p) of Section 11-208.8 | 23 | | of this Code, to the lessee of the cited vehicle at the | 24 | | last address known
to the lessor of the cited vehicle at | 25 | | the time of lease or, if any notice to that address is | 26 | | returned as undeliverable, to the last known address |
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| 1 | | recorded in a United States Post Office approved database.
| 2 | | Service of an additional parking violation notice shall | 3 | | also require the issuing law enforcement officer or agency | 4 | | to mail, by any method applicable under this paragraph (5), | 5 | | a photograph of the cited vehicle and nearby signage, if | 6 | | any, showing why the vehicle was issued a parking | 7 | | violation, along with the additional notice. The service | 8 | | shall
be deemed complete as of the date of deposit in the | 9 | | United States mail.
The notices shall be in the following | 10 | | sequence and shall include but not be
limited to the | 11 | | information specified herein:
| 12 | | (i) A second notice of parking, standing, or | 13 | | compliance violation. This notice shall specify the
| 14 | | date and location of the violation cited in the | 15 | | parking,
standing,
or compliance violation
notice, the | 16 | | particular regulation violated, the vehicle
make and | 17 | | state registration number, any requirement to complete | 18 | | a traffic education program, the fine and any penalty | 19 | | that may be
assessed for late payment or failure to | 20 | | complete a traffic education program, or both, when so | 21 | | provided by ordinance, the availability
of a hearing in | 22 | | which the violation may be contested on its merits, and | 23 | | the
time and manner in which the hearing may be had. | 24 | | The notice of violation
shall also state that failure | 25 | | to complete a required traffic education program, to | 26 | | pay the indicated fine and any
applicable penalty, or |
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| 1 | | to appear at a hearing on the merits in the time and
| 2 | | manner specified, will result in a final determination | 3 | | of violation
liability for the cited violation in the | 4 | | amount of the fine or penalty
indicated, and that, upon | 5 | | the occurrence of a final determination of violation | 6 | | liability for the failure, and the exhaustion of, or
| 7 | | failure to exhaust, available administrative or | 8 | | judicial procedures for
review, any incomplete traffic | 9 | | education program or any unpaid fine or penalty, or | 10 | | both, will constitute a debt due and owing
the | 11 | | municipality or county.
| 12 | | (ii) A notice of final determination of parking, | 13 | | standing,
compliance, automated speed enforcement | 14 | | system, or automated traffic law violation liability.
| 15 | | This notice shall be sent following a final | 16 | | determination of parking,
standing, compliance, | 17 | | automated speed enforcement system, or automated | 18 | | traffic law
violation liability and the conclusion of | 19 | | judicial review procedures taken
under this Section. | 20 | | The notice shall state that the incomplete traffic | 21 | | education program or the unpaid fine or
penalty, or | 22 | | both, is a debt due and owing the municipality or | 23 | | county. The notice shall contain
warnings that failure | 24 | | to complete any required traffic education program or | 25 | | to pay any fine or penalty due and owing the
| 26 | | municipality or county, or both, within the time |
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| 1 | | specified may result in the municipality's
or county's | 2 | | filing of a petition in the Circuit Court to have the | 3 | | incomplete traffic education program or unpaid
fine or | 4 | | penalty, or both, rendered a judgment as provided by | 5 | | this Section, or may
result in suspension of the | 6 | | person's drivers license for failure to complete a | 7 | | traffic education program or to pay
fines or penalties, | 8 | | or both, for 10 or more parking violations under | 9 | | Section 6-306.5, or a combination of 5 or more | 10 | | automated traffic law violations under Section | 11 | | 11-208.6 or 11-208.9 or automated speed enforcement | 12 | | system violations under Section 11-208.8.
| 13 | | (6) A notice of impending drivers license suspension. | 14 | | This
notice shall be sent to the person liable for failure | 15 | | to complete a required traffic education program or to pay | 16 | | any fine or penalty that
remains due and owing, or both, on | 17 | | 10 or more parking
violations or combination of 5 or more | 18 | | unpaid automated speed enforcement system or automated | 19 | | traffic law violations. The notice
shall state that failure | 20 | | to complete a required traffic education program or to pay | 21 | | the fine or penalty owing, or both, within 45 days of
the | 22 | | notice's date will result in the municipality or county | 23 | | notifying the Secretary
of State that the person is | 24 | | eligible for initiation of suspension
proceedings under | 25 | | Section 6-306.5 of this Code. The notice shall also state
| 26 | | that the person may obtain a photostatic copy of an |
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| 1 | | original ticket imposing a
fine or penalty by sending a | 2 | | self addressed, stamped envelope to the
municipality or | 3 | | county along with a request for the photostatic copy.
The | 4 | | notice of impending
drivers license suspension shall be | 5 | | sent by first class United States mail,
postage prepaid, to | 6 | | the address recorded with the Secretary of State or, if any | 7 | | notice to that address is returned as undeliverable, to the | 8 | | last known address recorded in a United States Post Office | 9 | | approved database.
| 10 | | (7) Final determinations of violation liability. A | 11 | | final
determination of violation liability shall occur | 12 | | following failure to complete the required traffic | 13 | | education program or
to pay the fine or penalty, or both, | 14 | | after a hearing officer's determination of violation | 15 | | liability and the exhaustion of or failure to exhaust any
| 16 | | administrative review procedures provided by ordinance. | 17 | | Where a person
fails to appear at a hearing to contest the | 18 | | alleged violation in the time
and manner specified in a | 19 | | prior mailed notice, the hearing officer's
determination | 20 | | of violation liability shall become final: (A) upon
denial | 21 | | of a timely petition to set aside that determination, or | 22 | | (B) upon
expiration of the period for filing the petition | 23 | | without a
filing having been made.
| 24 | | (8) A petition to set aside a determination of parking, | 25 | | standing,
compliance, automated speed enforcement system, | 26 | | or automated traffic law violation
liability that may be |
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| 1 | | filed by a person owing an unpaid fine or penalty. A | 2 | | petition to set aside a determination of liability may also | 3 | | be filed by a person required to complete a traffic | 4 | | education program.
The petition shall be filed with and | 5 | | ruled upon by the traffic compliance
administrator in the | 6 | | manner and within the time specified by ordinance.
The | 7 | | grounds for the petition may be limited to: (A) the person | 8 | | not having
been the owner or lessee of the cited vehicle on | 9 | | the date the
violation notice was issued, (B) the person | 10 | | having already completed the required traffic education | 11 | | program or paid the fine or
penalty, or both, for the | 12 | | violation in question, and (C) excusable failure to
appear | 13 | | at or
request a new date for a hearing.
With regard to | 14 | | municipalities or counties with a population of 1 million | 15 | | or more, it
shall be grounds for
dismissal of a
parking | 16 | | violation if the state registration number, or vehicle make | 17 | | if specified, is
incorrect. After the determination of
| 18 | | parking, standing, compliance, automated speed enforcement | 19 | | system, or automated traffic law violation liability has | 20 | | been set aside
upon a showing of just
cause, the registered | 21 | | owner shall be provided with a hearing on the merits
for | 22 | | that violation.
| 23 | | (9) Procedures for non-residents. Procedures by which | 24 | | persons who are
not residents of the municipality or county | 25 | | may contest the merits of the alleged
violation without | 26 | | attending a hearing.
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| 1 | | (10) A schedule of civil fines for violations of | 2 | | vehicular standing,
parking, compliance, automated speed | 3 | | enforcement system, or automated traffic law regulations | 4 | | enacted by ordinance pursuant to this
Section, and a
| 5 | | schedule of penalties for late payment of the fines or | 6 | | failure to complete required traffic education programs, | 7 | | provided, however,
that the total amount of the fine and | 8 | | penalty for any one violation shall
not exceed $250, except | 9 | | as provided in subsection (c) of Section 11-1301.3 of this | 10 | | Code.
| 11 | | (11) Other provisions as are necessary and proper to | 12 | | carry into
effect the powers granted and purposes stated in | 13 | | this Section.
| 14 | | (c) Any municipality or county establishing vehicular | 15 | | standing, parking,
compliance, automated speed enforcement | 16 | | system, or automated traffic law
regulations under this Section | 17 | | may also provide by ordinance for a
program of vehicle | 18 | | immobilization for the purpose of facilitating
enforcement of | 19 | | those regulations. The program of vehicle
immobilization shall | 20 | | provide for immobilizing any eligible vehicle upon the
public | 21 | | way by presence of a restraint in a manner to prevent operation | 22 | | of
the vehicle. Any ordinance establishing a program of vehicle
| 23 | | immobilization under this Section shall provide:
| 24 | | (1) Criteria for the designation of vehicles eligible | 25 | | for
immobilization. A vehicle shall be eligible for | 26 | | immobilization when the
registered owner of the vehicle has |
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| 1 | | accumulated the number of incomplete traffic education | 2 | | programs or unpaid final
determinations of parking, | 3 | | standing, compliance, automated speed enforcement system, | 4 | | or automated traffic law violation liability, or both, as
| 5 | | determined by ordinance.
| 6 | | (2) A notice of impending vehicle immobilization and a | 7 | | right to a
hearing to challenge the validity of the notice | 8 | | by disproving liability
for the incomplete traffic | 9 | | education programs or unpaid final determinations of | 10 | | parking, standing, compliance, automated speed enforcement | 11 | | system, or automated traffic law
violation liability, or | 12 | | both, listed
on the notice.
| 13 | | (3) The right to a prompt hearing after a vehicle has | 14 | | been immobilized
or subsequently towed without the | 15 | | completion of the required traffic education program or | 16 | | payment of the outstanding fines and
penalties on parking, | 17 | | standing, compliance, automated speed enforcement system, | 18 | | or automated traffic law violations, or both, for which | 19 | | final
determinations have been
issued. An order issued | 20 | | after the hearing is a final administrative
decision within | 21 | | the meaning of Section 3-101 of the Code of Civil | 22 | | Procedure.
| 23 | | (4) A post immobilization and post-towing notice | 24 | | advising the registered
owner of the vehicle of the right | 25 | | to a hearing to challenge the validity
of the impoundment.
| 26 | | (d) Judicial review of final determinations of parking, |
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| 1 | | standing,
compliance, automated speed enforcement system, or | 2 | | automated traffic law
violations and final administrative | 3 | | decisions issued after hearings
regarding vehicle | 4 | | immobilization and impoundment made
under this Section shall be | 5 | | subject to the provisions of
the Administrative Review Law.
| 6 | | (e) Any fine, penalty, incomplete traffic education | 7 | | program, or part of any fine or any penalty remaining
unpaid | 8 | | after the exhaustion of, or the failure to exhaust, | 9 | | administrative
remedies created under this Section and the | 10 | | conclusion of any judicial
review procedures shall be a debt | 11 | | due and owing the municipality or county and, as
such, may be | 12 | | collected in accordance with applicable law. Completion of any | 13 | | required traffic education program and payment in full
of any | 14 | | fine or penalty resulting from a standing, parking,
compliance, | 15 | | automated speed enforcement system, or automated traffic law | 16 | | violation shall
constitute a final disposition of that | 17 | | violation.
| 18 | | (f) After the expiration of the period within which | 19 | | judicial review may
be sought for a final determination of | 20 | | parking, standing, compliance, automated speed enforcement | 21 | | system, or automated traffic law
violation, the municipality
or | 22 | | county may commence a proceeding in the Circuit Court for | 23 | | purposes of obtaining a
judgment on the final determination of | 24 | | violation. Nothing in this
Section shall prevent a municipality | 25 | | or county from consolidating multiple final
determinations of | 26 | | parking, standing, compliance, automated speed enforcement |
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| 1 | | system, or automated traffic law violations against a
person in | 2 | | a proceeding.
Upon commencement of the action, the municipality | 3 | | or county shall file a certified
copy or record of the final | 4 | | determination of parking, standing, compliance, automated | 5 | | speed enforcement system, or automated traffic law
violation, | 6 | | which shall be
accompanied by a certification that recites | 7 | | facts sufficient to show that
the final determination of | 8 | | violation was
issued in accordance with this Section and the | 9 | | applicable municipal
or county ordinance. Service of the | 10 | | summons and a copy of the petition may be by
any method | 11 | | provided by Section 2-203 of the Code of Civil Procedure or by
| 12 | | certified mail, return receipt requested, provided that the | 13 | | total amount of
fines and penalties for final determinations of | 14 | | parking, standing,
compliance, automated speed enforcement | 15 | | system, or automated traffic law violations does not
exceed | 16 | | $2500. If the court is satisfied that the final determination | 17 | | of
parking, standing, compliance, automated speed enforcement | 18 | | system, or automated traffic law violation was entered in | 19 | | accordance with
the requirements of
this Section and the | 20 | | applicable municipal or county ordinance, and that the | 21 | | registered
owner or the lessee, as the case may be, had an | 22 | | opportunity for an
administrative hearing and for judicial | 23 | | review as provided in this Section,
the court shall render | 24 | | judgment in favor of the municipality or county and against
the | 25 | | registered owner or the lessee for the amount indicated in the | 26 | | final
determination of parking, standing, compliance, |
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| 1 | | automated speed enforcement system, or automated traffic law | 2 | | violation, plus costs.
The judgment shall have
the same effect | 3 | | and may be enforced in the same manner as other judgments
for | 4 | | the recovery of money.
| 5 | | (g) The fee for participating in a traffic education | 6 | | program under this Section shall not exceed $25. | 7 | | A low-income individual required to complete a traffic | 8 | | education program under this Section who provides proof of | 9 | | eligibility for the federal earned income tax credit under | 10 | | Section 32 of the Internal Revenue Code or the Illinois earned | 11 | | income tax credit under Section 212 of the Illinois Income Tax | 12 | | Act shall not be required to pay any fee for participating in a | 13 | | required traffic education program. | 14 | | (Source: P.A. 97-29, eff. 1-1-12; 97-333, eff. 8-12-11; 97-672, | 15 | | eff. 7-1-12; 98-556, eff. 1-1-14; 98-1028, eff. 8-22-14.)
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