103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2894

 

Introduced 1/24/2024, by Sen. Patrick J. Joyce

 

SYNOPSIS AS INTRODUCED:
 
55 ILCS 5/5-43010
65 ILCS 5/1-2.1-2
65 ILCS 5/1-2.2-5
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

    Amends the Counties Code and the Illinois Municipal Code. Provides that "system of administrative adjudication" means the adjudication of any violation of a municipal or county ordinance, except for any offense under the Illinois Vehicle Code or a similar offense that is not included in specified provisions of the Illinois Vehicle Code (rather than except for any offense under the Illinois Vehicle Code or a similar offense). Amends the Illinois Vehicle Code. Provides that a municipality or county may adopt an ordinance limiting the width of vehicles, the height of vehicles, and the length of vehicles on roadways and to enforce violations of specified provisions of the Code or a similar provision of a local ordinance. Makes conforming changes.


LRB103 37030 AWJ 67145 b

 

 

A BILL FOR

 

SB2894LRB103 37030 AWJ 67145 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Counties Code is amended by changing
5Section 5-43010 as follows:
 
6    (55 ILCS 5/5-43010)
7    Sec. 5-43010. Administrative adjudication of code and
8ordinance violations; definitions.
9    (a) Any county may provide by ordinance for a system of
10administrative adjudication of county code violations to the
11extent permitted by the Illinois Constitution.
12    (b) Any county may provide by ordinance for a system of
13administrative adjudication of violations of ordinances
14enacted by a participating unit of local government only
15where: (i) the unit of local government is engaging in
16governmental activities or providing services within the
17boundaries of the county; (ii) the unit of local government
18has no system of administrative adjudication; and (iii) the
19violation occurred within the boundaries of the county.
20    (c) As used in this Division:
21    "Participating unit of local government" means a unit of
22local government which has entered into an intergovernmental
23agreement or contract with a county for the administrative

 

 

SB2894- 2 -LRB103 37030 AWJ 67145 b

1adjudication of violations of its ordinances by the county
2pursuant to this Division.
3    "System of administrative adjudication" means the
4adjudication of any violation of a county ordinance or of a
5participating unit of local government's ordinance, except for
6(i) proceedings not within the statutory or the home rule
7authority of counties or a participating unit of local
8government; and (ii) any offense under the Illinois Vehicle
9Code (or a similar offense that is not included in Section
1011-208.3 a traffic regulation governing the movement of
11vehicles and except for any reportable offense under Section
126-204 of the Illinois Vehicle Code).
13    "Unit of local government" has the meaning as defined in
14the Illinois Constitution of 1970 and also includes a
15not-for-profit corporation organized for the purpose of
16conducting public business including, but not limited to, the
17Northeast Illinois Regional Commuter Railroad Corporation.
18(Source: P.A. 99-754, eff. 1-1-17.)
 
19    Section 10. The Illinois Municipal Code is amended by
20changing Sections 1-2.1-2 and 1-2.2-5 as follows:
 
21    (65 ILCS 5/1-2.1-2)
22    Sec. 1-2.1-2. Administrative adjudication of municipal
23code violations. Any municipality may provide by ordinance
24for a system of administrative adjudication of municipal code

 

 

SB2894- 3 -LRB103 37030 AWJ 67145 b

1violations to the extent permitted by the Illinois
2Constitution. A "system of administrative adjudication" means
3the adjudication of any violation of a municipal ordinance,
4except for (i) proceedings not within the statutory or the
5home rule authority of municipalities; and (ii) any offense
6under the Illinois Vehicle Code or a similar offense that is
7not included in Section 11-208.3 a traffic regulation
8governing the movement of vehicles and except for any
9reportable offense under Section 6-204 of the Illinois Vehicle
10Code.
11(Source: P.A. 90-516, eff. 1-1-98.)
 
12    (65 ILCS 5/1-2.2-5)
13    Sec. 1-2.2-5. Definitions. As used in this Division,
14unless the context requires otherwise:
15    "Code" means any municipal ordinance except for (i)
16building code violations that must be adjudicated pursuant to
17Division 31.1 of Article 11 of this Act and (ii) any offense
18under the Illinois Vehicle Code or a similar offense that is
19not included in Section 11-208.3 a traffic regulation
20governing the movement of vehicles and except for any
21reportable offense under Section 6-204 of the Illinois Vehicle
22Code.
23    "Hearing officer" means a municipal employee or an officer
24or agent of a municipality, other than a law enforcement
25officer, whose duty it is to:

 

 

SB2894- 4 -LRB103 37030 AWJ 67145 b

1    (1) preside at an administrative hearing called to
2determine whether or not a code violation exists;
3    (2) hear testimony and accept evidence from all interested
4parties relevant to the existence of a code violation;
5    (3) preserve and authenticate the transcript and record of
6the hearing and all exhibits and evidence introduced at the
7hearing; and
8    (4) issue and sign a written finding, decision, and order
9stating whether a code violation exists.
10(Source: P.A. 90-777, eff. 1-1-99.)
 
11    Section 15. The Illinois Vehicle Code is amended by
12changing Sections 11-208 and 11-208.3 as follows:
 
13    (625 ILCS 5/11-208)  (from Ch. 95 1/2, par. 11-208)
14    Sec. 11-208. Powers of local authorities.
15    (a) The provisions of this Code shall not be deemed to
16prevent local authorities with respect to streets and highways
17under their jurisdiction and within the reasonable exercise of
18the police power from:
19        1. Regulating the standing or parking of vehicles,
20    except as limited by Sections 11-1306 and 11-1307 of this
21    Act;
22        2. Regulating traffic by means of police officers or
23    traffic control signals;
24        3. Regulating or prohibiting processions or

 

 

SB2894- 5 -LRB103 37030 AWJ 67145 b

1    assemblages on the highways; and certifying persons to
2    control traffic for processions or assemblages;
3        4. Designating particular highways as one-way highways
4    and requiring that all vehicles thereon be moved in one
5    specific direction;
6        5. Regulating the speed of vehicles in public parks
7    subject to the limitations set forth in Section 11-604;
8        6. Designating any highway as a through highway, as
9    authorized in Section 11-302, and requiring that all
10    vehicles stop before entering or crossing the same or
11    designating any intersection as a stop intersection or a
12    yield right-of-way intersection and requiring all vehicles
13    to stop or yield the right-of-way at one or more entrances
14    to such intersections;
15        7. Restricting the use of highways as authorized in
16    Chapter 15;
17        8. Regulating the operation of mobile carrying
18    devices, bicycles, low-speed electric bicycles, and
19    low-speed gas bicycles, and requiring the registration and
20    licensing of same, including the requirement of a
21    registration fee;
22        9. Regulating or prohibiting the turning of vehicles
23    or specified types of vehicles at intersections;
24        10. Altering the speed limits as authorized in Section
25    11-604;
26        11. Prohibiting U-turns;

 

 

SB2894- 6 -LRB103 37030 AWJ 67145 b

1        12. Prohibiting pedestrian crossings at other than
2    designated and marked crosswalks or at intersections;
3        13. Prohibiting parking during snow removal operation;
4        14. Imposing fines in accordance with Section
5    11-1301.3 as penalties for use of any parking place
6    reserved for persons with disabilities, as defined by
7    Section 1-159.1, or veterans with disabilities by any
8    person using a motor vehicle not bearing registration
9    plates specified in Section 11-1301.1 or a special decal
10    or device as defined in Section 11-1301.2 as evidence that
11    the vehicle is operated by or for a person with
12    disabilities or a veteran with a disability;
13        15. Adopting such other traffic regulations as are
14    specifically authorized by this Code; or
15        16. Enforcing the provisions of subsection (f) of
16    Section 3-413 of this Code or a similar local ordinance.
17    (b) No ordinance or regulation enacted under paragraph 1,
184, 5, 6, 7, 9, 10, 11 or 13 of subsection (a) shall be
19effective until signs giving reasonable notice of such local
20traffic regulations are posted.
21    (c) The provisions of this Code shall not prevent any
22municipality having a population of 500,000 or more
23inhabitants from prohibiting any person from driving or
24operating any motor vehicle upon the roadways of such
25municipality with headlamps on high beam or bright.
26    (d) The provisions of this Code shall not be deemed to

 

 

SB2894- 7 -LRB103 37030 AWJ 67145 b

1prevent local authorities within the reasonable exercise of
2their police power from prohibiting, on private property, the
3unauthorized use of parking spaces reserved for persons with
4disabilities.
5    (e) No unit of local government, including a home rule
6unit, may enact or enforce an ordinance that applies only to
7motorcycles if the principal purpose for that ordinance is to
8restrict the access of motorcycles to any highway or portion
9of a highway for which federal or State funds have been used
10for the planning, design, construction, or maintenance of that
11highway. No unit of local government, including a home rule
12unit, may enact an ordinance requiring motorcycle users to
13wear protective headgear. Nothing in this subsection (e) shall
14affect the authority of a unit of local government to regulate
15motorcycles for traffic control purposes or in accordance with
16Section 12-602 of this Code. No unit of local government,
17including a home rule unit, may regulate motorcycles in a
18manner inconsistent with this Code. This subsection (e) is a
19limitation under subsection (i) of Section 6 of Article VII of
20the Illinois Constitution on the concurrent exercise by home
21rule units of powers and functions exercised by the State.
22    (e-5) The City of Chicago may enact an ordinance providing
23for a noise monitoring system upon any portion of the roadway
24known as Lake Shore Drive. Twelve months after the
25installation of the noise monitoring system, and any time
26after the first report as the City deems necessary, the City of

 

 

SB2894- 8 -LRB103 37030 AWJ 67145 b

1Chicago shall prepare a noise monitoring report with the data
2collected from the system and shall, upon request, make the
3report available to the public. For purposes of this
4subsection (e-5), "noise monitoring system" means an automated
5noise monitor capable of recording noise levels 24 hours per
6day and 365 days per year with computer equipment sufficient
7to process the data.
8    (e-10) A unit of local government, including a home rule
9unit, may not enact an ordinance prohibiting the use of
10Automated Driving System equipped vehicles on its roadways.
11Nothing in this subsection (e-10) shall affect the authority
12of a unit of local government to regulate Automated Driving
13System equipped vehicles for traffic control purposes. No unit
14of local government, including a home rule unit, may regulate
15Automated Driving System equipped vehicles in a manner
16inconsistent with this Code. For purposes of this subsection
17(e-10), "Automated Driving System equipped vehicle" means any
18vehicle equipped with an Automated Driving System of hardware
19and software that are collectively capable of performing the
20entire dynamic driving task on a sustained basis, regardless
21of whether it is limited to a specific operational domain.
22This subsection (e-10) is a limitation under subsection (i) of
23Section 6 of Article VII of the Illinois Constitution on the
24concurrent exercise by home rule units of powers and functions
25exercised by the State.
26    (f) A municipality or county designated in Section

 

 

SB2894- 9 -LRB103 37030 AWJ 67145 b

111-208.6 may enact an ordinance providing for an automated
2traffic law enforcement system to enforce violations of this
3Code or a similar provision of a local ordinance and imposing
4liability on a registered owner or lessee of a vehicle used in
5such a violation.
6    (g) A municipality or county, as provided in Section
711-1201.1, may enact an ordinance providing for an automated
8traffic law enforcement system to enforce violations of
9Section 11-1201 of this Code or a similar provision of a local
10ordinance and imposing liability on a registered owner of a
11vehicle used in such a violation.
12    (h) A municipality designated in Section 11-208.8 may
13enact an ordinance providing for an automated speed
14enforcement system to enforce violations of Article VI of
15Chapter 11 of this Code or a similar provision of a local
16ordinance.
17    (i) A municipality or county designated in Section
1811-208.9 may enact an ordinance providing for an automated
19traffic law enforcement system to enforce violations of
20Section 11-1414 of this Code or a similar provision of a local
21ordinance and imposing liability on a registered owner or
22lessee of a vehicle used in such a violation.
23    (j) A municipality or county may adopt an ordinance
24limiting the width of vehicles on roadways pursuant to Section
2515-102, the height of vehicles on roadways pursuant to Section
2615-103, or the length of vehicles on roadways pursuant to

 

 

SB2894- 10 -LRB103 37030 AWJ 67145 b

1Section 15-107 and to enforce violations of Sections 15-102,
215-103, and 15-107 of this Code or a similar provision of a
3local ordinance.
4(Source: P.A. 100-209, eff. 1-1-18; 100-257, eff. 8-22-17;
5100-352, eff. 6-1-18; 100-863, eff. 8-14-18; 101-123, eff.
67-26-19.)
 
7    (625 ILCS 5/11-208.3)  (from Ch. 95 1/2, par. 11-208.3)
8    Sec. 11-208.3. Administrative adjudication of violations
9of traffic regulations concerning the standing, parking, or
10condition of vehicles, the width, height, or length of
11vehicles, automated traffic law violations, and automated
12speed enforcement system violations.
13    (a) Any municipality or county may provide by ordinance
14for a system of administrative adjudication of vehicular
15standing and parking violations, and vehicle compliance
16violations as described in this subsection, violations of
17Section 15-102, violations of Section 15-103, violations of
18Section 15-107, automated traffic law violations as defined in
19Section 11-208.6, 11-208.9, or 11-1201.1, and automated speed
20enforcement system violations as defined in Section 11-208.8.
21The administrative system shall have as its purpose the fair
22and efficient enforcement of municipal or county regulations
23through the administrative adjudication of automated speed
24enforcement system or automated traffic law violations and
25violations of municipal or county ordinances regulating the

 

 

SB2894- 11 -LRB103 37030 AWJ 67145 b

1standing and parking of vehicles, the condition and use of
2vehicle equipment, the width, height, or length of vehicles,
3and the display of municipal or county wheel tax licenses
4within the municipality's or county's borders. The
5administrative system shall only have authority to adjudicate
6civil offenses carrying fines not in excess of $500 or
7requiring the completion of a traffic education program, or
8both, that occur after the effective date of the ordinance
9adopting such a system under this Section. For purposes of
10this Section, "compliance violation" means a violation of a
11municipal or county regulation governing the condition or use
12of equipment on a vehicle or governing the display of a
13municipal or county wheel tax license.
14    (b) Any ordinance establishing a system of administrative
15adjudication under this Section shall provide for:
16        (1) A traffic compliance administrator authorized to
17    adopt, distribute, and process notices regarding parking
18    violations, compliance violations, width, height, or
19    length of vehicle violations, and automated speed
20    enforcement system or automated traffic law violations
21    violation notices and other notices of violations required
22    by this Section; , collect money paid as fines and
23    penalties for violation of parking and compliance
24    ordinances, violation of width, height, or length of
25    vehicle ordinances, and automated speed enforcement system
26    or automated traffic law violations; , and operate an

 

 

SB2894- 12 -LRB103 37030 AWJ 67145 b

1    administrative adjudication system.
2        (2) A parking violation notice, standing violation
3    notice, compliance violation notice, width, height, or
4    length of vehicle violation notice, automated speed
5    enforcement system violation notice, or automated traffic
6    law violation notice that shall specify or include the
7    date, time, and place of violation of a parking, standing,
8    compliance, automated speed enforcement system, or
9    automated traffic law regulation; the particular
10    regulation violated; any requirement to complete a traffic
11    education program; the fine and any penalty that may be
12    assessed for late payment or failure to complete a
13    required traffic education program, or both, when so
14    provided by ordinance; the vehicle make or a photograph of
15    the vehicle; the state registration number of the vehicle;
16    and the identification number of the person issuing the
17    notice. With regard to automated speed enforcement system
18    or automated traffic law violations, vehicle make shall be
19    specified on the automated speed enforcement system or
20    automated traffic law violation notice if the notice does
21    not include a photograph of the vehicle and the make is
22    available and readily discernible. With regard to
23    municipalities or counties with a population of 1 million
24    or more, it shall be grounds for dismissal of a parking
25    violation if the state registration number or vehicle make
26    specified is incorrect. The violation notice shall state

 

 

SB2894- 13 -LRB103 37030 AWJ 67145 b

1    that the completion of any required traffic education
2    program, the payment of any indicated fine, and the
3    payment of any applicable penalty for late payment or
4    failure to complete a required traffic education program,
5    or both, shall operate as a final disposition of the
6    violation. The notice also shall contain information as to
7    the availability of a hearing in which the violation may
8    be contested on its merits. The violation notice shall
9    specify the time and manner in which a hearing may be had.
10        (3) Service of a parking violation notice, standing
11    violation notice, width, height, or length of vehicle
12    violation notice, or compliance violation notice by: (i)
13    affixing the original or a facsimile of the notice to an
14    unlawfully parked or standing vehicle; (ii) handing the
15    notice to the operator of a vehicle if he or she is
16    present; or (iii) mailing the notice to the address of the
17    registered owner or lessee of the cited vehicle as
18    recorded with the Secretary of State or the lessor of the
19    motor vehicle within 30 days after the Secretary of State
20    or the lessor of the motor vehicle notifies the
21    municipality or county of the identity of the owner or
22    lessee of the vehicle, but not later than 90 days after the
23    date of the violation, except that, in the case of a lessee
24    of a motor vehicle, service of a parking violation notice,
25    standing violation notice, width, height, or length of
26    vehicle violation notice, or compliance violation notice

 

 

SB2894- 14 -LRB103 37030 AWJ 67145 b

1    may occur no later than 210 days after the violation; and
2    service of an automated speed enforcement system or
3    automated traffic law violation notice by mail to the
4    address of the registered owner or lessee of the cited
5    vehicle as recorded with the Secretary of State or the
6    lessor of the motor vehicle within 30 days after the
7    Secretary of State or the lessor of the motor vehicle
8    notifies the municipality or county of the identity of the
9    owner or lessee of the vehicle, but not later than 90 days
10    after the violation, except that in the case of a lessee of
11    a motor vehicle, service of an automated traffic law
12    violation notice may occur no later than 210 days after
13    the violation. A person authorized by ordinance to issue
14    and serve parking violation notices, standing violation
15    notices, width, height, or length of vehicle violation
16    notices, and compliance violation notices shall certify as
17    to the correctness of the facts entered on the violation
18    notice by signing his or her name to the notice at the time
19    of service or, in the case of a notice produced by a
20    computerized device, by signing a single certificate to be
21    kept by the traffic compliance administrator attesting to
22    the correctness of all notices produced by the device
23    while it was under his or her control. In the case of an
24    automated traffic law violation, the ordinance shall
25    require a determination by a technician employed or
26    contracted by the municipality or county that, based on

 

 

SB2894- 15 -LRB103 37030 AWJ 67145 b

1    inspection of recorded images, the motor vehicle was being
2    operated in violation of Section 11-208.6, 11-208.9, or
3    11-1201.1 or a local ordinance. If the technician
4    determines that the vehicle entered the intersection as
5    part of a funeral procession or in order to yield the
6    right-of-way to an emergency vehicle, a citation shall not
7    be issued. In municipalities with a population of less
8    than 1,000,000 inhabitants and counties with a population
9    of less than 3,000,000 inhabitants, the automated traffic
10    law ordinance shall require that all determinations by a
11    technician that a motor vehicle was being operated in
12    violation of Section 11-208.6, 11-208.9, or 11-1201.1 or a
13    local ordinance must be reviewed and approved by a law
14    enforcement officer or retired law enforcement officer of
15    the municipality or county issuing the violation. In
16    municipalities with a population of 1,000,000 or more
17    inhabitants and counties with a population of 3,000,000 or
18    more inhabitants, the automated traffic law ordinance
19    shall require that all determinations by a technician that
20    a motor vehicle was being operated in violation of Section
21    11-208.6, 11-208.9, or 11-1201.1 or a local ordinance must
22    be reviewed and approved by a law enforcement officer or
23    retired law enforcement officer of the municipality or
24    county issuing the violation or by an additional fully
25    trained reviewing technician who is not employed by the
26    contractor who employs the technician who made the initial

 

 

SB2894- 16 -LRB103 37030 AWJ 67145 b

1    determination. In the case of an automated speed
2    enforcement system violation, the ordinance shall require
3    a determination by a technician employed by the
4    municipality, based upon an inspection of recorded images,
5    video or other documentation, including documentation of
6    the speed limit and automated speed enforcement signage,
7    and documentation of the inspection, calibration, and
8    certification of the speed equipment, that the vehicle was
9    being operated in violation of Article VI of Chapter 11 of
10    this Code or a similar local ordinance. If the technician
11    determines that the vehicle speed was not determined by a
12    calibrated, certified speed equipment device based upon
13    the speed equipment documentation, or if the vehicle was
14    an emergency vehicle, a citation may not be issued. The
15    automated speed enforcement ordinance shall require that
16    all determinations by a technician that a violation
17    occurred be reviewed and approved by a law enforcement
18    officer or retired law enforcement officer of the
19    municipality issuing the violation or by an additional
20    fully trained reviewing technician who is not employed by
21    the contractor who employs the technician who made the
22    initial determination. Routine and independent calibration
23    of the speeds produced by automated speed enforcement
24    systems and equipment shall be conducted annually by a
25    qualified technician. Speeds produced by an automated
26    speed enforcement system shall be compared with speeds

 

 

SB2894- 17 -LRB103 37030 AWJ 67145 b

1    produced by lidar or other independent equipment. Radar or
2    lidar equipment shall undergo an internal validation test
3    no less frequently than once each week. Qualified
4    technicians shall test loop-based equipment no less
5    frequently than once a year. Radar equipment shall be
6    checked for accuracy by a qualified technician when the
7    unit is serviced, when unusual or suspect readings
8    persist, or when deemed necessary by a reviewing
9    technician. Radar equipment shall be checked with the
10    internal frequency generator and the internal circuit test
11    whenever the radar is turned on. Technicians must be alert
12    for any unusual or suspect readings, and if unusual or
13    suspect readings of a radar unit persist, that unit shall
14    immediately be removed from service and not returned to
15    service until it has been checked by a qualified
16    technician and determined to be functioning properly.
17    Documentation of the annual calibration results, including
18    the equipment tested, test date, technician performing the
19    test, and test results, shall be maintained and available
20    for use in the determination of an automated speed
21    enforcement system violation and issuance of a citation.
22    The technician performing the calibration and testing of
23    the automated speed enforcement equipment shall be trained
24    and certified in the use of equipment for speed
25    enforcement purposes. Training on the speed enforcement
26    equipment may be conducted by law enforcement, civilian,

 

 

SB2894- 18 -LRB103 37030 AWJ 67145 b

1    or manufacturer's personnel and if applicable may be
2    equivalent to the equipment use and operations training
3    included in the Speed Measuring Device Operator Program
4    developed by the National Highway Traffic Safety
5    Administration (NHTSA). The vendor or technician who
6    performs the work shall keep accurate records on each
7    piece of equipment the technician calibrates and tests. As
8    used in this paragraph, "fully trained reviewing
9    technician" means a person who has received at least 40
10    hours of supervised training in subjects which shall
11    include image inspection and interpretation, the elements
12    necessary to prove a violation, license plate
13    identification, and traffic safety and management. In all
14    municipalities and counties, the automated speed
15    enforcement system or automated traffic law ordinance
16    shall require that no additional fee shall be charged to
17    the alleged violator for exercising his or her right to an
18    administrative hearing, and persons shall be given at
19    least 25 days following an administrative hearing to pay
20    any civil penalty imposed by a finding that Section
21    11-208.6, 11-208.8, 11-208.9, or 11-1201.1 or a similar
22    local ordinance has been violated. The original or a
23    facsimile of the violation notice or, in the case of a
24    notice produced by a computerized device, a printed record
25    generated by the device showing the facts entered on the
26    notice, shall be retained by the traffic compliance

 

 

SB2894- 19 -LRB103 37030 AWJ 67145 b

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

 

 

SB2894- 20 -LRB103 37030 AWJ 67145 b

1    administrator shall be empowered to administer oaths and
2    to secure by subpoena both the attendance and testimony of
3    witnesses and the production of relevant books and papers.
4    Persons appearing at a hearing under this Section may be
5    represented by counsel at their expense. The ordinance may
6    also provide for internal administrative review following
7    the decision of the hearing officer.
8        (5) Service of additional notices, sent by first class
9    United States mail, postage prepaid, to the address of the
10    registered owner of the cited vehicle as recorded with the
11    Secretary of State or, if any notice to that address is
12    returned as undeliverable, to the last known address
13    recorded in a United States Post Office approved database,
14    or, under Section 11-1306 or subsection (p) of Section
15    11-208.6 or 11-208.9, or subsection (p) of Section
16    11-208.8 of this Code, to the lessee of the cited vehicle
17    at the last address known to the lessor of the cited
18    vehicle at the time of lease or, if any notice to that
19    address is returned as undeliverable, to the last known
20    address recorded in a United States Post Office approved
21    database. The service shall be deemed complete as of the
22    date of deposit in the United States mail. The notices
23    shall be in the following sequence and shall include, but
24    not be limited to, the information specified herein:
25            (i) A second notice of parking violation, standing
26        violation, width, height, or length of vehicle

 

 

SB2894- 21 -LRB103 37030 AWJ 67145 b

1        violation, or compliance violation if the first notice
2        of the violation was issued by affixing the original
3        or a facsimile of the notice to the unlawfully parked
4        vehicle or by handing the notice to the operator. This
5        notice shall specify or include the date and location
6        of the violation cited in the parking violation
7        notice, standing violation notice, width, height, or
8        length of vehicle violation notice, or compliance
9        violation notice, the particular regulation violated,
10        the vehicle make or a photograph of the vehicle, the
11        state registration number of the vehicle, any
12        requirement to complete a traffic education program,
13        the fine and any penalty that may be assessed for late
14        payment or failure to complete a traffic education
15        program, or both, when so provided by ordinance, the
16        availability of a hearing in which the violation may
17        be contested on its merits, and the time and manner in
18        which the hearing may be had. The notice of violation
19        shall also state that failure to complete a required
20        traffic education program, to pay the indicated fine
21        and any applicable penalty, or to appear at a hearing
22        on the merits in the time and manner specified, will
23        result in a final determination of violation liability
24        for the cited violation in the amount of the fine or
25        penalty indicated, and that, upon the occurrence of a
26        final determination of violation liability for the

 

 

SB2894- 22 -LRB103 37030 AWJ 67145 b

1        failure, and the exhaustion of, or failure to exhaust,
2        available administrative or judicial procedures for
3        review, any incomplete traffic education program or
4        any unpaid fine or penalty, or both, will constitute a
5        debt due and owing the municipality or county.
6            (ii) A notice of final determination of liability
7        for a parking violation, standing violation, width,
8        height, or length of vehicle violation, compliance
9        violation, automated speed enforcement system
10        violation, or automated traffic law violation
11        liability. This notice shall be sent following a final
12        determination of liability for the of parking
13        violation, standing violation, width, height, or
14        length of vehicle violation, compliance violation,
15        automated speed enforcement system violation, or
16        automated traffic law violation liability and the
17        conclusion of judicial review procedures taken under
18        this Section. The notice shall state that the
19        incomplete traffic education program or the unpaid
20        fine or penalty, or both, is a debt due and owing the
21        municipality or county. The notice shall contain
22        warnings that failure to complete any required traffic
23        education program or to pay any fine or penalty due and
24        owing the municipality or county, or both, within the
25        time specified may result in the municipality's or
26        county's filing of a petition in the Circuit Court to

 

 

SB2894- 23 -LRB103 37030 AWJ 67145 b

1        have the incomplete traffic education program or
2        unpaid fine or penalty, or both, rendered a judgment
3        as provided by this Section, or, where applicable, may
4        result in suspension of the person's driver's license
5        for failure to complete a traffic education program.
6        (6) A notice of impending driver's license suspension.
7    This notice shall be sent to the person liable for failure
8    to complete a required traffic education program. The
9    notice shall state that failure to complete a required
10    traffic education program within 45 days of the notice's
11    date will result in the municipality or county notifying
12    the Secretary of State that the person is eligible for
13    initiation of suspension proceedings under Section 6-306.5
14    of this Code. The notice shall also state that the person
15    may obtain a photostatic copy of an original ticket
16    imposing a fine or penalty by sending a self-addressed,
17    stamped envelope to the municipality or county along with
18    a request for the photostatic copy. The notice of
19    impending driver's license suspension shall be sent by
20    first class United States mail, postage prepaid, to the
21    address recorded with the Secretary of State or, if any
22    notice to that address is returned as undeliverable, to
23    the last known address recorded in a United States Post
24    Office approved database.
25        (7) Final determinations of violation liability. A
26    final determination of violation liability shall occur

 

 

SB2894- 24 -LRB103 37030 AWJ 67145 b

1    following failure to complete the required traffic
2    education program or to pay the fine or penalty, or both,
3    after a hearing officer's determination of violation
4    liability and the exhaustion of or failure to exhaust any
5    administrative review procedures provided by ordinance.
6    Where a person fails to appear at a hearing to contest the
7    alleged violation in the time and manner specified in a
8    prior mailed notice, the hearing officer's determination
9    of violation liability shall become final: (A) upon denial
10    of a timely petition to set aside that determination, or
11    (B) upon expiration of the period for filing the petition
12    without a filing having been made.
13        (8) A petition to set aside a final determination of
14    liability for a parking violation, standing violation,
15    width, height, or length of vehicle violation, compliance
16    violation, automated speed enforcement system violation,
17    or automated traffic law violation liability that may be
18    filed by a person owing an unpaid fine or penalty. A
19    petition to set aside a determination of liability may
20    also be filed by a person required to complete a traffic
21    education program. The petition shall be filed with and
22    ruled upon by the traffic compliance administrator in the
23    manner and within the time specified by ordinance. The
24    grounds for the petition may be limited to: (A) the person
25    not having been the owner or lessee of the cited vehicle on
26    the date the violation notice was issued, (B) the person

 

 

SB2894- 25 -LRB103 37030 AWJ 67145 b

1    having already completed the required traffic education
2    program or paid the fine or penalty, or both, for the
3    violation in question, and (C) excusable failure to appear
4    at or request a new date for a hearing. 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
8    make, only if specified in the violation notice, is
9    incorrect. After the final determination of liability for
10    the parking violation, standing violation, width, height,
11    or length of vehicle violation, compliance violation,
12    automated speed enforcement system violation, or automated
13    traffic law violation liability has been set aside upon a
14    showing of just cause, the registered owner shall be
15    provided with a hearing on the merits for that violation.
16        (9) Procedures for non-residents. Procedures by which
17    persons who are not residents of the municipality or
18    county may contest the merits of the alleged violation
19    without attending a hearing.
20        (10) A schedule of civil fines for violations of
21    vehicular standing regulations, parking regulations,
22    width, height, or length of vehicle regulations,
23    compliance regulations, automated speed enforcement system
24    regulations, or automated traffic law regulations enacted
25    by ordinance pursuant to this Section, and a schedule of
26    penalties for late payment of the fines or failure to

 

 

SB2894- 26 -LRB103 37030 AWJ 67145 b

1    complete required traffic education programs, provided,
2    however, that the total amount of the fine and penalty for
3    any one violation shall not exceed $250, except as
4    provided in subsection (c) of Section 11-1301.3 of this
5    Code.
6        (11) Other provisions as are necessary and proper to
7    carry into effect the powers granted and purposes stated
8    in this Section.
9    (b-5) An automated speed enforcement system or automated
10traffic law ordinance adopted under this Section by a
11municipality or county shall require that the determination to
12issue a citation be vested solely with the municipality or
13county and that such authority may not be delegated to any
14vendor retained by the municipality or county. Any contract or
15agreement violating such a provision in the ordinance is null
16and void.
17    (c) Any municipality or county establishing vehicular
18standing, parking, width, height, length, compliance,
19automated speed enforcement system, or automated traffic law
20regulations under this Section may also provide by ordinance
21for a program of vehicle immobilization for the purpose of
22facilitating enforcement of those regulations. The program of
23vehicle immobilization shall provide for immobilizing any
24eligible vehicle upon the public way by presence of a
25restraint in a manner to prevent operation of the vehicle. Any
26ordinance establishing a program of vehicle immobilization

 

 

SB2894- 27 -LRB103 37030 AWJ 67145 b

1under this Section shall provide:
2        (1) Criteria for the designation of vehicles eligible
3    for immobilization. A vehicle shall be eligible for
4    immobilization when the registered owner of the vehicle
5    has accumulated the number of incomplete traffic education
6    programs or unpaid final determinations of liability for a
7    parking violation, standing violation, width, height, or
8    length of vehicle violation, compliance violation,
9    automated speed enforcement system violation, or automated
10    traffic law violation liability, or both, as determined by
11    ordinance.
12        (2) A notice of impending vehicle immobilization and a
13    right to a hearing to challenge the validity of the notice
14    by disproving liability for the incomplete traffic
15    education programs or unpaid final determinations of
16    liability for a parking violation, standing violation,
17    width, height, or length of vehicle violation, compliance
18    violation, automated speed enforcement system violation,
19    or automated traffic law violation liability, or both,
20    listed on the notice.
21        (3) The right to a prompt hearing after a vehicle has
22    been immobilized or subsequently towed without the
23    completion of the required traffic education program or
24    payment of the outstanding fines and penalties on parking
25    violations, standing violations, width, height, or length
26    of vehicle violations, compliance violations, automated

 

 

SB2894- 28 -LRB103 37030 AWJ 67145 b

1    speed enforcement system violations, or automated traffic
2    law violations, or both, for which final determinations
3    have been issued. An order issued after the hearing is a
4    final administrative decision within the meaning of
5    Section 3-101 of the Code of Civil Procedure.
6        (4) A post immobilization and post-towing notice
7    advising the registered owner of the vehicle of the right
8    to a hearing to challenge the validity of the impoundment.
9    (d) Judicial review of final determinations of parking
10violations, standing violations, width, height, or length of
11vehicle violations, compliance violations, automated speed
12enforcement system violations, or automated traffic law
13violations and final administrative decisions issued after
14hearings regarding vehicle immobilization and impoundment made
15under this Section shall be subject to the provisions of the
16Administrative Review Law.
17    (e) Any fine, penalty, incomplete traffic education
18program, or part of any fine or any penalty remaining unpaid
19after the exhaustion of, or the failure to exhaust,
20administrative remedies created under this Section and the
21conclusion of any judicial review procedures shall be a debt
22due and owing the municipality or county and, as such, may be
23collected in accordance with applicable law. Completion of any
24required traffic education program and payment in full of any
25fine or penalty resulting from a standing violation, parking
26violation, width, height, or length of vehicle violation,

 

 

SB2894- 29 -LRB103 37030 AWJ 67145 b

1compliance violation, automated speed enforcement system
2violation, or automated traffic law violation shall constitute
3a final disposition of that violation.
4    (f) After the expiration of the period within which
5judicial review may be sought for a final determination of
6parking violation, standing violation, width, height, or
7length of vehicle violation, compliance violation, automated
8speed enforcement system violation, or automated traffic law
9violation, the municipality or county may commence a
10proceeding in the Circuit Court for purposes of obtaining a
11judgment on the final determination of violation. Nothing in
12this Section shall prevent a municipality or county from
13consolidating multiple final determinations of parking
14violations, standing violations, width, height, or length of
15vehicle violations, compliance violations, automated speed
16enforcement system violations, or automated traffic law
17violations against a person in a proceeding. Upon commencement
18of the action, the municipality or county shall file a
19certified copy or record of the final determination of parking
20violation, standing violation, width, height, or length of
21vehicle violation, compliance violation, automated speed
22enforcement system violation, or automated traffic law
23violation, which shall be accompanied by a certification that
24recites facts sufficient to show that the final determination
25of violation was issued in accordance with this Section and
26the applicable municipal or county ordinance. Service of the

 

 

SB2894- 30 -LRB103 37030 AWJ 67145 b

1summons and a copy of the petition may be by any method
2provided by Section 2-203 of the Code of Civil Procedure or by
3certified mail, return receipt requested, provided that the
4total amount of fines and penalties for final determinations
5of parking violations, standing violations, width, height, or
6length of vehicle violations, compliance violations, automated
7speed enforcement system violations, or automated traffic law
8violations does not exceed $2500. If the court is satisfied
9that the final determination of parking violation, standing
10violation, width, height, or length of vehicle violation,
11compliance violation, automated speed enforcement system
12violation, or automated traffic law violation was entered in
13accordance with the requirements of this Section and the
14applicable municipal or county ordinance, and that the
15registered owner or the lessee, as the case may be, had an
16opportunity for an administrative hearing and for judicial
17review as provided in this Section, the court shall render
18judgment in favor of the municipality or county and against
19the registered owner or the lessee for the amount indicated in
20the final determination of the parking violation, standing
21violation, width, height, or length of vehicle, compliance
22violation, automated speed enforcement system violation, or
23automated traffic law violation, plus costs. The judgment
24shall have the same effect and may be enforced in the same
25manner as other judgments for the recovery of money.
26    (g) The fee for participating in a traffic education

 

 

SB2894- 31 -LRB103 37030 AWJ 67145 b

1program under this Section shall not exceed $25.
2    A low-income individual required to complete a traffic
3education program under this Section who provides proof of
4eligibility for the federal earned income tax credit under
5Section 32 of the Internal Revenue Code or the Illinois earned
6income tax credit under Section 212 of the Illinois Income Tax
7Act shall not be required to pay any fee for participating in a
8required traffic education program.
9    (h) Notwithstanding any other provision of law to the
10contrary, a person shall not be liable for violations, fees,
11fines, or penalties under this Section during the period in
12which the motor vehicle was stolen or hijacked, as indicated
13in a report to the appropriate law enforcement agency filed in
14a timely manner.
15(Source: P.A. 102-558, eff. 8-20-21; 102-905, eff. 1-1-23;
16103-364, eff. 7-28-23.)