093_SB1384

 
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 1        AN ACT in relation to vehicles.

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

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

 6        (625 ILCS 5/11-208.3) (from Ch. 95 1/2, par. 11-208.3)
 7        Sec. 11-208.3.  Administrative adjudication of violations
 8    of traffic regulations concerning the standing,  parking,  or
 9    condition of vehicles.
10        (a)  Any  municipality  may  provide  by  ordinance for a
11    system of administrative adjudication of  vehicular  standing
12    and  parking  violations and vehicle compliance violations as
13    defined in this subsection. The administrative  system  shall
14    have  as  its  purpose  the fair and efficient enforcement of
15    municipal regulations through the administrative adjudication
16    of violations of municipal ordinances regulating the standing
17    and parking of vehicles, the condition  and  use  of  vehicle
18    equipment,  and  the  display of municipal wheel tax licenses
19    within the municipality's borders.  The administrative system
20    shall  only  have  authority  to  adjudicate  civil  offenses
21    carrying fines not in excess of $500 $250  that  occur  after
22    the  effective  date  of the ordinance adopting such a system
23    under this Section. For purposes of this Section, "compliance
24    violation"  means  a  violation  of  a  municipal  regulation
25    governing the condition or use of equipment on a  vehicle  or
26    governing the display of a municipal wheel tax license.
27        (a-1)  Any  municipality  may  provide by ordinance for a
28    system of administrative adjudication of  parking  violations
29    committed  in  its  central  business district that adversely
30    affect the security of its residents or have the potential to
31    compromise security in its central  business  district.   The
 
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 1    administrative   system   has  authority  to  adjudicate  the
 2    following parking violations committed in the  municipality's
 3    central business district:
 4             (1)  parking within 15 feet of a fire hydrant;
 5             (2)  parking in a designated parking tow zone;
 6             (3)  parking in a designated no parking zone; and
 7             (4)  parking in a parking zone which requires person
 8        with   disabilities  license  plates  or  a  person  with
 9        disabilities parking decal or device.
10        (b)  Any   ordinance    establishing    a    system    of
11    administrative  adjudication under this Section shall provide
12    for:
13             (1)  A traffic compliance  administrator  authorized
14        to  adopt,  distribute and process parking and compliance
15        violation notices and  other  notices  required  by  this
16        Section,  collect  money  paid as fines and penalties for
17        violation  of  parking  and  compliance  ordinances,  and
18        operate  an  administrative  adjudication  system.    The
19        traffic   compliance   administrator   also  may  make  a
20        certified report to the Secretary of State under  Section
21        6-306.5.
22             (2)  A  parking,  standing,  or compliance violation
23        notice that shall specify the date, time,  and  place  of
24        violation   of   a   parking,   standing,  or  compliance
25        regulation; the particular regulation violated; the  fine
26        and  any  penalty  that may be assessed for late payment,
27        when so provided by ordinance; the vehicle make and state
28        registration number; and the identification number of the
29        person issuing the notice. With regard to  municipalities
30        with  a  population  of  1  million  or more, it shall be
31        grounds for dismissal of a parking violation if the State
32        registration  number  or  vehicle   make   specified   is
33        incorrect.  The  violation  notice  shall  state that the
34        payment of the indicated  fine,  and  of  any  applicable
 
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 1        penalty  for  late  payment,  shall  operate  as  a final
 2        disposition of the  violation.   The  notice  also  shall
 3        contain  information  as to the availability of a hearing
 4        in which the violation may be contested  on  its  merits.
 5        The violation notice shall specify the time and manner in
 6        which a hearing may be had.
 7             (3)  Service of the parking, standing, or compliance
 8        violation  notice by affixing the original or a facsimile
 9        of the notice to  an  unlawfully  parked  vehicle  or  by
10        handing  the notice to the operator of a vehicle if he or
11        she is present.  A  person  authorized  by  ordinance  to
12        issue   and   serve  parking,  standing,  and  compliance
13        violation notices shall certify as to the correctness  of
14        the  facts entered on the violation notice by signing his
15        or her name to the notice at the time of  service  or  in
16        the  case  of a notice produced by a computerized device,
17        by signing a single certificate to be kept by the traffic
18        compliance administrator attesting to the correctness  of
19        all notices produced by the device while it was under his
20        or  her  control.   The  original  or  a facsimile of the
21        violation notice or, in the case of a notice produced  by
22        a  computerized device, a printed record generated by the
23        device showing the facts entered on the notice, shall  be
24        retained  by  the  traffic  compliance administrator, and
25        shall  be  a  record  kept  in  the  ordinary  course  of
26        business.  A parking, standing, or  compliance  violation
27        notice  issued, signed and served in accordance with this
28        Section, a copy of the notice, or the computer  generated
29        record  shall  be  prima facie correct and shall be prima
30        facie evidence of the correctness of the facts  shown  on
31        the  notice.   The  notice,  copy,  or computer generated
32        record   shall   be   admissible   in   any    subsequent
33        administrative or legal proceedings.
34             (4)  An opportunity for a hearing for the registered
 
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 1        owner  of  the vehicle cited in the parking, standing, or
 2        compliance  violation  notice  in  which  the  owner  may
 3        contest the merits of the alleged violation,  and  during
 4        which  formal  or  technical  rules of evidence shall not
 5        apply; provided, however, that under Section  11-1306  of
 6        this  Code the lessee of a vehicle cited in the violation
 7        notice likewise shall be provided an  opportunity  for  a
 8        hearing  of  the same kind afforded the registered owner.
 9        The hearings shall be recorded, and the person conducting
10        the  hearing  on  behalf  of   the   traffic   compliance
11        administrator  shall be empowered to administer oaths and
12        to secure by subpoena both the attendance  and  testimony
13        of  witnesses  and  the  production of relevant books and
14        papers.   Persons  appearing  at  a  hearing  under  this
15        Section may be represented by counsel at  their  expense.
16        The    ordinance    may   also   provide   for   internal
17        administrative  review  following  the  decision  of  the
18        hearing officer.
19             (5)  Service of additional notices,  sent  by  first
20        class United States mail, postage prepaid, to the address
21        of  the registered owner of the cited vehicle as recorded
22        with the Secretary of State or, under Section 11-1306  of
23        this Code, to the lessee of the cited vehicle at the last
24        address  known  to the lessor of the cited vehicle at the
25        time of lease.  The service shall be deemed  complete  as
26        of  the  date  of  deposit in the United States mail. The
27        notices shall be in  the  following  sequence  and  shall
28        include  but  not be limited to the information specified
29        herein:
30                  (i)  A second notice of violation.  This notice
31             shall specify the date and location of the violation
32             cited  in  the  parking,  standing,  or   compliance
33             violation    notice,   the   particular   regulation
34             violated, the vehicle make  and  state  registration
 
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 1             number,  the  fine  and  any  penalty  that  may  be
 2             assessed  for  late  payment  when  so  provided  by
 3             ordinance,  the  availability  of a hearing in which
 4             the violation may be contested on  its  merits,  and
 5             the time and manner in which the hearing may be had.
 6             The  notice  of  violation  shall  also  state  that
 7             failure  either  to  pay  the indicated fine and any
 8             applicable penalty, or to appear at a hearing on the
 9             merits in the time and manner specified, will result
10             in a final determination of violation liability  for
11             the  cited  violation  in  the amount of the fine or
12             penalty indicated, and that, upon the occurrence  of
13             a final determination of violation liability for the
14             failure,  and  the  exhaustion  of,  or  failure  to
15             exhaust,   available   administrative   or  judicial
16             procedures for review, any unpaid  fine  or  penalty
17             will   constitute   a   debt   due   and  owing  the
18             municipality.
19                  (ii)  A  notice  of  final   determination   of
20             parking,    standing,    or   compliance   violation
21             liability. This notice shall  be  sent  following  a
22             final   determination   of   parking,  standing,  or
23             compliance violation liability and the conclusion of
24             judicial review procedures taken under this Section.
25             The notice shall  state  that  the  unpaid  fine  or
26             penalty  is  a  debt due and owing the municipality.
27             The notice shall contain warnings  that  failure  to
28             pay   any   fine   or  penalty  due  and  owing  the
29             municipality within the time specified may result in
30             the municipality's  filing  of  a  petition  in  the
31             Circuit  Court  to  have  the unpaid fine or penalty
32             rendered a judgment as provided by this Section,  or
33             may  result  in  suspension  of the person's drivers
34             license for failure to pay fines or penalties for 10
 
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 1             or more parking violations under Section 6-306.5.
 2             (6)  A   Notice   of   impending   drivers   license
 3        suspension.  This notice shall  be  sent  to  the  person
 4        liable for any fine or penalty that remains due and owing
 5        on 10 or more parking violations.  The notice shall state
 6        that  failure  to pay the fine or penalty owing within 45
 7        days of the notice's date will result in the municipality
 8        notifying the Secretary  of  State  that  the  person  is
 9        eligible  for  initiation of suspension proceedings under
10        Section 6-306.5 of this Code. The notice shall also state
11        that the person may  obtain  a  photostatic  copy  of  an
12        original  ticket  imposing a fine or penalty by sending a
13        self addressed,  stamped  envelope  to  the  municipality
14        along  with  a  request  for  the  photostatic copy.  The
15        notice of impending drivers license suspension  shall  be
16        sent  by first class United States mail, postage prepaid,
17        to the address recorded with the Secretary of State.
18             (7)  Final determinations of violation liability.  A
19        final determination of violation  liability  shall  occur
20        following  failure  to  pay  the  fine or penalty after a
21        hearing officer's determination  of  violation  liability
22        and   the   exhaustion  of  or  failure  to  exhaust  any
23        administrative review procedures provided  by  ordinance.
24        Where  a  person  fails to appear at a hearing to contest
25        the alleged violation in the time and manner specified in
26        a   prior   mailed   notice,   the   hearing    officer's
27        determination  of violation liability shall become final:
28        (A)  upon denial of a timely petition to set  aside  that
29        determination,  or  (B) upon expiration of the period for
30        filing the petition without a filing having been made.
31             (8)  A petition to  set  aside  a  determination  of
32        parking, standing, or compliance violation liability that
33        may be filed by a person owing an unpaid fine or penalty.
34        The  petition  shall  be filed with and ruled upon by the
 
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 1        traffic compliance administrator in the manner and within
 2        the time specified by  ordinance.  The  grounds  for  the
 3        petition  may  be  limited to:  (A) the person not having
 4        been the owner or lessee of the cited vehicle on the date
 5        the violation notice was issued, (B)  the  person  having
 6        already  paid  the  fine  or penalty for the violation in
 7        question, and (C)  excusable  failure  to  appear  at  or
 8        request  a  new  date  for  a  hearing.  With  regard  to
 9        municipalities with a population of 1 million or more, it
10        shall  be grounds for dismissal of a parking violation if
11        the State registration number or vehicle  make  specified
12        is   incorrect.   After  the  determination  of  parking,
13        standing, or compliance violation liability has been  set
14        aside  upon a showing of just cause, the registered owner
15        shall be provided with a hearing on the merits  for  that
16        violation.
17             (9)  Procedures  for  non-residents.  Procedures  by
18        which  persons  who are not residents of the municipality
19        may contest the merits of the alleged  violation  without
20        attending a hearing.
21             (10)  A  schedule  of  civil fines for violations of
22        vehicular standing, parking, and  compliance  regulations
23        enacted  by  ordinance  pursuant  to  this Section, and a
24        schedule of penalties for  late  payment  of  the  fines,
25        provided,  however, that the total amount of the fine and
26        penalty for any one violation, other than a violation  to
27        which  subsection  (a-1)  applies,  shall not exceed $500
28        $250.
29             (11)  Other provisions as are necessary  and  proper
30        to  carry  into  effect  the  powers granted and purposes
31        stated in this Section.
32        (c)  Any municipality  establishing  vehicular  standing,
33    parking,  and  compliance  regulations under this Section may
34    also  provide  by  ordinance  for  a   program   of   vehicle
 
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 1    immobilization for the purpose of facilitating enforcement of
 2    those  regulations.   The  program  of vehicle immobilization
 3    shall provide for immobilizing any eligible vehicle upon  the
 4    public  way by presence of a restraint in a manner to prevent
 5    operation of  the  vehicle.   Any  ordinance  establishing  a
 6    program  of  vehicle  immobilization under this Section shall
 7    provide:
 8             (1)  Criteria  for  the  designation   of   vehicles
 9        eligible for immobilization.  A vehicle shall be eligible
10        for  immobilization  when  the  registered  owner  of the
11        vehicle  has  accumulated  the  number  of  unpaid  final
12        determinations  of  parking,  standing,   or   compliance
13        violation liability as determined by ordinance.
14             (2)  A  notice  of  impending vehicle immobilization
15        and a right to a hearing to challenge the validity of the
16        notice by  disproving  liability  for  the  unpaid  final
17        determinations   of   parking,  standing,  or  compliance
18        violation liability listed on the notice.
19             (3)  The right to a prompt hearing after  a  vehicle
20        has   been  immobilized  or  subsequently  towed  without
21        payment  of  the  outstanding  fines  and  penalties   on
22        parking,  standing,  or  compliance  violations for which
23        final determinations have been issued.  An  order  issued
24        after  the  hearing  is  a  final administrative decision
25        within the meaning of Section 3-101 of the Code of  Civil
26        Procedure.
27             (4)  A  post  immobilization  and post-towing notice
28        advising the registered owner of the vehicle of the right
29        to  a  hearing  to  challenge   the   validity   of   the
30        impoundment.
31        (d)  Judicial  review of final determinations of parking,
32    standing, and compliance violations and final  administrative
33    decisions    issued    after   hearings   regarding   vehicle
34    immobilization and impoundment made under this Section  shall
 
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 1    be  subject  to  the  provisions of the Administrative Review
 2    Law.
 3        (e)  Any fine, penalty,  or  part  of  any  fine  or  any
 4    penalty  remaining  unpaid  after  the  exhaustion of, or the
 5    failure to exhaust,  administrative  remedies  created  under
 6    this  Section  and  the  conclusion  of  any  judicial review
 7    procedures shall be a debt due  and  owing  the  municipality
 8    and,  as such, may be collected in accordance with applicable
 9    law.  Payment in full of any fine or penalty resulting from a
10    standing, parking, or compliance violation shall constitute a
11    final disposition of that violation.
12        (f)  After the expiration  of  the  period  within  which
13    judicial  review  may  be sought for a final determination of
14    parking, standing, or compliance violation, the  municipality
15    may  commence  a proceeding in the Circuit Court for purposes
16    of  obtaining  a  judgment  on  the  final  determination  of
17    violation.   Nothing  in  this  Section   shall   prevent   a
18    municipality from consolidating multiple final determinations
19    of  parking,  standing,  or  compliance  violation  against a
20    person in a proceeding. Upon commencement of the action,  the
21    municipality  shall  file  a  certified  copy  of  the  final
22    determination  of parking, standing, or compliance violation,
23    which shall be accompanied by a  certification  that  recites
24    facts  sufficient  to  show  that  the final determination of
25    violation was issued in accordance with this Section and  the
26    applicable municipal ordinance.  Service of the summons and a
27    copy of the petition may be by any method provided by Section
28    2-203  of  the  Code of Civil Procedure or by certified mail,
29    return receipt requested, provided that the total  amount  of
30    fines  and  penalties  for  final  determinations of parking,
31    standing, or compliance violations  does  not  exceed  $3,500
32    $2500.    If   the   court   is   satisfied  that  the  final
33    determination of parking, standing, or  compliance  violation
34    was  entered  in  accordance  with  the  requirements of this
 
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 1    Section and the applicable municipal ordinance, and that  the
 2    registered  owner  or  the lessee, as the case may be, had an
 3    opportunity for an administrative hearing  and  for  judicial
 4    review  as  provided  in this Section, the court shall render
 5    judgment  in  favor  of  the  municipality  and  against  the
 6    registered owner or the lessee for the  amount  indicated  in
 7    the  final  determination of parking, standing, or compliance
 8    violation, plus costs.  The  judgment  shall  have  the  same
 9    effect  and  may  be  enforced  in  the  same manner as other
10    judgments for the recovery of money.
11    (Source: P.A. 92-695, eff. 1-1-03.)

12        Section 99.  Effective date.  This Act takes effect  upon
13    becoming law.