Rep. William B. Black

Filed: 3/8/2005

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 1597

2     AMENDMENT NO. ______. Amend House Bill 1597 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Illinois Vehicle Code is amended by
5 changing Sections 6-306.5 and 11-208.3 as follows:
 
6     (625 ILCS 5/6-306.5)  (from Ch. 95 1/2, par. 6-306.5)
7     Sec. 6-306.5. Failure to pay fine or penalty for standing,
8 parking, or compliance violations; suspension of driving
9 privileges.
10     (a) Upon receipt of a certified report, as prescribed by
11 subsection (c) of this Section, from any municipality stating
12 that the owner of a registered vehicle has failed to pay any
13 fine or penalty due and owing as a result of 10 or more
14 violations of a municipality's vehicular standing, parking, or
15 compliance regulations established by ordinance pursuant to
16 Section 11-208.3 of this Code, the Secretary of State shall
17 suspend the driving privileges of such person in accordance
18 with the procedures set forth in this Section. The Secretary
19 shall also suspend the driving privileges of an owner of a
20 registered vehicle upon receipt of a certified report, as
21 prescribed by subsection (f) of this Section, from any
22 municipality stating that such person has failed to satisfy any
23 fines or penalties imposed by final judgments for 10 or more
24 violations of local standing, parking, or compliance

 

 

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1 regulations after exhaustion of judicial review procedures.
2     (b) Following receipt of the certified report of the
3 municipality as specified in this Section, the Secretary of
4 State shall notify the person whose name appears on the
5 certified report that the person's drivers license will be
6 suspended at the end of a specified period of time unless the
7 Secretary of State is presented with a notice from the
8 municipality certifying that the fine or penalty due and owing
9 the municipality has been paid or that inclusion of that
10 person's name on the certified report was in error. The
11 Secretary's notice shall state in substance the information
12 contained in the municipality's certified report to the
13 Secretary, and shall be effective as specified by subsection
14 (c) of Section 6-211 of this Code.
15     (c) The report of the appropriate municipal official
16 notifying the Secretary of State of unpaid fines or penalties
17 pursuant to this Section shall be certified and shall contain
18 the following:
19         (1) The name, last known address as recorded with the
20     Secretary of State, as provided by the lessor of the cited
21     vehicle at the time of lease, or as recorded in a United
22     States Post Office approved database if any notice sent
23     under Section 11-208.3 of this Code is returned as
24     undeliverable, and drivers license number of the person who
25     failed to pay the fine or penalty and the registration
26     number of any vehicle known to be registered to such person
27     in this State.
28         (2) The name of the municipality making the report
29     pursuant to this Section.
30         (3) A statement that the municipality sent a notice of
31     impending drivers license suspension as prescribed by
32     ordinance enacted pursuant to Section 11-208.3, to the
33     person named in the report at the address recorded with the
34     Secretary of State or at the last address known to the

 

 

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1     lessor of the cited vehicle at the time of lease or, if any
2     notice sent under Section 11-208.3 of this Code is returned
3     as undeliverable, at the last known address recorded in a
4     United States Post Office approved database; the date on
5     which such notice was sent; and the address to which such
6     notice was sent. In a municipality with a population of
7     1,000,000 or more, the report shall also include a
8     statement that the alleged violator's State vehicle
9     registration number and vehicle make are correct as they
10     appear on the citations.
11     (d) Any municipality making a certified report to the
12 Secretary of State pursuant to this Section shall notify the
13 Secretary of State, in a form prescribed by the Secretary,
14 whenever a person named in the certified report has paid the
15 previously reported fine or penalty or whenever the
16 municipality determines that the original report was in error.
17 A certified copy of such notification shall also be given upon
18 request and at no additional charge to the person named
19 therein. Upon receipt of the municipality's notification or
20 presentation of a certified copy of such notification, the
21 Secretary of State shall terminate the suspension.
22     (e) Any municipality making a certified report to the
23 Secretary of State pursuant to this Section shall also by
24 ordinance establish procedures for persons to challenge the
25 accuracy of the certified report. The ordinance shall also
26 state the grounds for such a challenge, which may be limited to
27 (1) the person not having been the owner or lessee of the
28 vehicle or vehicles receiving 10 or more standing, parking, or
29 compliance violation notices on the date or dates such notices
30 were issued; and (2) the person having already paid the fine or
31 penalty for the 10 or more violations indicated on the
32 certified report.
33     (f) Any municipality, other than a municipality
34 establishing vehicular standing, parking, and compliance

 

 

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1 regulations pursuant to Section 11-208.3, may also cause a
2 suspension of a person's drivers license pursuant to this
3 Section. Such municipality may invoke this sanction by making a
4 certified report to the Secretary of State upon a person's
5 failure to satisfy any fine or penalty imposed by final
6 judgment for 10 or more violations of local standing, parking,
7 or compliance regulations after exhaustion of judicial review
8 procedures, but only if:
9         (1) the municipality complies with the provisions of
10     this Section in all respects except in regard to enacting
11     an ordinance pursuant to Section 11-208.3;
12         (2) the municipality has sent a notice of impending
13     drivers license suspension as prescribed by an ordinance
14     enacted pursuant to subsection (g) of this Section; and
15         (3) in municipalities with a population of 1,000,000 or
16     more, the municipality has verified that the alleged
17     violator's State vehicle registration number and vehicle
18     make are correct as they appear on the citations.
19     (g) Any municipality, other than a municipality
20 establishing standing, parking, and compliance regulations
21 pursuant to Section 11-208.3, may provide by ordinance for the
22 sending of a notice of impending drivers license suspension to
23 the person who has failed to satisfy any fine or penalty
24 imposed by final judgment for 10 or more violations of local
25 standing, parking, or compliance regulations after exhaustion
26 of judicial review procedures. An ordinance so providing shall
27 specify that the notice sent to the person liable for any fine
28 or penalty shall state that failure to pay the fine or penalty
29 owing within 45 days of the notice's date will result in the
30 municipality notifying the Secretary of State that the person's
31 drivers license is eligible for suspension pursuant to this
32 Section. The notice of impending drivers license suspension
33 shall be sent by first class United States mail, postage
34 prepaid, to the address recorded with the Secretary of State or

 

 

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1 at the last address known to the lessor of the cited vehicle at
2 the time of lease or, if any notice sent under Section 11-208.3
3 of this Code is returned as undeliverable, to the last known
4 address recorded in a United States Post Office approved
5 database.
6     (h) An administrative hearing to contest an impending
7 suspension or a suspension made pursuant to this Section may be
8 had upon filing a written request with the Secretary of State.
9 The filing fee for this hearing shall be $20, to be paid at the
10 time the request is made. A municipality which files a
11 certified report with the Secretary of State pursuant to this
12 Section shall reimburse the Secretary for all reasonable costs
13 incurred by the Secretary as a result of the filing of the
14 report, including but not limited to the costs of providing the
15 notice required pursuant to subsection (b) and the costs
16 incurred by the Secretary in any hearing conducted with respect
17 to the report pursuant to this subsection and any appeal from
18 such a hearing.
19     (i) The provisions of this Section shall apply on and after
20 January 1, 1988.
21     (j) For purposes of this Section, the term "compliance
22 violation" is defined as in Section 11-208.3.
23 (Source: P.A. 89-190, eff. 1-1-96; 90-145, eff. 1-1-98; 90-481,
24 eff. 8-17-97.)
 
25     (625 ILCS 5/11-208.3)  (from Ch. 95 1/2, par. 11-208.3)
26     Sec. 11-208.3. Administrative adjudication of violations
27 of traffic regulations concerning the standing, parking, or
28 condition of vehicles.
29     (a) Any municipality may provide by ordinance for a system
30 of administrative adjudication of vehicular standing and
31 parking violations and vehicle compliance violations as
32 defined in this subsection. The administrative system shall
33 have as its purpose the fair and efficient enforcement of

 

 

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1 municipal regulations through the administrative adjudication
2 of violations of municipal ordinances regulating the standing
3 and parking of vehicles, the condition and use of vehicle
4 equipment, and the display of municipal wheel tax licenses
5 within the municipality's borders. The administrative system
6 shall only have authority to adjudicate civil offenses carrying
7 fines not in excess of $250 that occur after the effective date
8 of the ordinance adopting such a system under this Section. For
9 purposes of this Section, "compliance violation" means a
10 violation of a municipal regulation governing the condition or
11 use of equipment on a vehicle or governing the display of a
12 municipal wheel tax license.
13     (b) Any ordinance establishing a system of administrative
14 adjudication under this Section shall provide for:
15         (1) A traffic compliance administrator authorized to
16     adopt, distribute and process parking and compliance
17     violation notices and other notices required by this
18     Section, collect money paid as fines and penalties for
19     violation of parking and compliance ordinances, and
20     operate an administrative adjudication system. The traffic
21     compliance administrator also may make a certified report
22     to the Secretary of State under Section 6-306.5.
23         (2) A parking, standing, or compliance violation
24     notice that shall specify the date, time, and place of
25     violation of a parking, standing, or compliance
26     regulation; the particular regulation violated; the fine
27     and any penalty that may be assessed for late payment, when
28     so provided by ordinance; the vehicle make and state
29     registration number; and the identification number of the
30     person issuing the notice. With regard to municipalities
31     with a population of 1 million or more, it shall be grounds
32     for dismissal of a parking violation if the State
33     registration number or vehicle make specified is
34     incorrect. The violation notice shall state that the

 

 

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1     payment of the indicated fine, and of any applicable
2     penalty for late payment, shall operate as a final
3     disposition of the violation. The notice also shall contain
4     information as to the availability of a hearing in which
5     the violation may be contested on its merits. The violation
6     notice shall specify the time and manner in which a hearing
7     may be had.
8         (3) Service of the parking, standing, or compliance
9     violation notice by affixing the original or a facsimile of
10     the notice to an unlawfully parked vehicle or by handing
11     the notice to the operator of a vehicle if he or she is
12     present. A person authorized by ordinance to issue and
13     serve parking, standing, and compliance violation notices
14     shall certify as to the correctness of the facts entered on
15     the violation notice by signing his or her name to the
16     notice at the time of service or in the case of a notice
17     produced by a computerized device, by signing a single
18     certificate to be kept by the traffic compliance
19     administrator attesting to the correctness of all notices
20     produced by the device while it was under his or her
21     control. The original or a facsimile of the violation
22     notice or, in the case of a notice produced by a
23     computerized device, a printed record generated by the
24     device showing the facts entered on the notice, shall be
25     retained by the traffic compliance administrator, and
26     shall be a record kept in the ordinary course of business.
27     A parking, standing, or compliance violation notice
28     issued, signed and served in accordance with this Section,
29     a copy of the notice, or the computer generated record
30     shall be prima facie correct and shall be prima facie
31     evidence of the correctness of the facts shown on the
32     notice. The notice, copy, or computer generated record
33     shall be admissible in any subsequent administrative or
34     legal proceedings.

 

 

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1         (4) An opportunity for a hearing for the registered
2     owner of the vehicle cited in the parking, standing, or
3     compliance violation notice in which the owner may contest
4     the merits of the alleged violation, and during which
5     formal or technical rules of evidence shall not apply;
6     provided, however, that under Section 11-1306 of this Code
7     the lessee of a vehicle cited in the violation notice
8     likewise shall be provided an opportunity for a hearing of
9     the same kind afforded the registered owner. The hearings
10     shall be recorded, and the person conducting the hearing on
11     behalf of the traffic compliance administrator shall be
12     empowered to administer oaths and to secure by subpoena
13     both the attendance and testimony of witnesses and the
14     production of relevant books and papers. Persons appearing
15     at a hearing under this Section may be represented by
16     counsel at their expense. The ordinance may also provide
17     for internal administrative review following the decision
18     of the hearing officer.
19         (5) Service of additional notices, sent by first class
20     United States mail, postage prepaid, to the address of the
21     registered owner of the cited vehicle as recorded with the
22     Secretary of State or, if any notice to that address is
23     returned as undeliverable, to the last known address
24     recorded in a United States Post Office approved database,
25     or, under Section 11-1306 of this Code, to the lessee of
26     the cited vehicle at the last address known to the lessor
27     of the cited vehicle at the time of lease or, if any notice
28     to that address is returned as undeliverable, to the last
29     known address recorded in a United States Post Office
30     approved database. The service shall be deemed complete as
31     of the date of deposit in the United States mail. The
32     notices shall be in the following sequence and shall
33     include but not be limited to the information specified
34     herein:

 

 

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1             (i) A second notice of violation. This notice shall
2         specify the date and location of the violation cited in
3         the parking, standing, or compliance violation notice,
4         the particular regulation violated, the vehicle make
5         and state registration number, the fine and any penalty
6         that may be assessed for late payment when so provided
7         by ordinance, the availability of a hearing in which
8         the violation may be contested on its merits, and the
9         time and manner in which the hearing may be had. The
10         notice of violation shall also state that failure
11         either to pay the indicated fine and any applicable
12         penalty, or to appear at a hearing on the merits in the
13         time and manner specified, will result in a final
14         determination of violation liability for the cited
15         violation in the amount of the fine or penalty
16         indicated, and that, upon the occurrence of a final
17         determination of violation liability for the failure,
18         and the exhaustion of, or failure to exhaust, available
19         administrative or judicial procedures for review, any
20         unpaid fine or penalty will constitute a debt due and
21         owing the municipality.
22             (ii) A notice of final determination of parking,
23         standing, or compliance violation liability. This
24         notice shall be sent following a final determination of
25         parking, standing, or compliance violation liability
26         and the conclusion of judicial review procedures taken
27         under this Section. The notice shall state that the
28         unpaid fine or penalty is a debt due and owing the
29         municipality. The notice shall contain warnings that
30         failure to pay any fine or penalty due and owing the
31         municipality within the time specified may result in
32         the municipality's filing of a petition in the Circuit
33         Court to have the unpaid fine or penalty rendered a
34         judgment as provided by this Section, or may result in

 

 

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1         suspension of the person's drivers license for failure
2         to pay fines or penalties for 10 or more parking
3         violations under Section 6-306.5.
4         (6) A Notice of impending drivers license suspension.
5     This notice shall be sent to the person liable for any fine
6     or penalty that remains due and owing on 10 or more parking
7     violations. The notice shall state that failure to pay the
8     fine or penalty owing within 45 days of the notice's date
9     will result in the municipality notifying the Secretary of
10     State that the person is eligible for initiation of
11     suspension proceedings under Section 6-306.5 of this Code.
12     The notice shall also state that the person may obtain a
13     photostatic copy of an original ticket imposing a fine or
14     penalty by sending a self addressed, stamped envelope to
15     the municipality along with a request for the photostatic
16     copy. The notice of impending drivers license suspension
17     shall be sent by first class United States mail, postage
18     prepaid, to the address recorded with the Secretary of
19     State or, if any notice to that address is returned as
20     undeliverable, to the last known address recorded in a
21     United States Post Office approved database.
22         (7) Final determinations of violation liability. A
23     final determination of violation liability shall occur
24     following failure to pay the fine or penalty after a
25     hearing officer's determination of violation liability and
26     the exhaustion of or failure to exhaust any administrative
27     review procedures provided by ordinance. Where a person
28     fails to appear at a hearing to contest the alleged
29     violation in the time and manner specified in a prior
30     mailed notice, the hearing officer's determination of
31     violation liability shall become final: (A) upon denial of
32     a timely petition to set aside that determination, or (B)
33     upon expiration of the period for filing the petition
34     without a filing having been made.

 

 

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1         (8) A petition to set aside a determination of parking,
2     standing, or compliance violation liability that may be
3     filed by a person owing an unpaid fine or penalty. The
4     petition shall be filed with and ruled upon by the traffic
5     compliance administrator in the manner and within the time
6     specified by ordinance. The grounds for the petition may be
7     limited to: (A) the person not having been the owner or
8     lessee of the cited vehicle on the date the violation
9     notice was issued, (B) the person having already paid the
10     fine or penalty for the violation in question, and (C)
11     excusable failure to appear at or request a new date for a
12     hearing. With regard to municipalities with a population of
13     1 million or more, it shall be grounds for dismissal of a
14     parking violation if the State registration number or
15     vehicle make specified is incorrect. After the
16     determination of parking, standing, or compliance
17     violation liability has been set aside upon a showing of
18     just cause, the registered owner shall be provided with a
19     hearing on the merits for that violation.
20         (9) Procedures for non-residents. Procedures by which
21     persons who are not residents of the municipality may
22     contest the merits of the alleged violation without
23     attending a hearing.
24         (10) A schedule of civil fines for violations of
25     vehicular standing, parking, and compliance regulations
26     enacted by ordinance pursuant to this Section, and a
27     schedule of penalties for late payment of the fines,
28     provided, however, that the total amount of the fine and
29     penalty for any one violation shall not exceed $250.
30         (11) Other provisions as are necessary and proper to
31     carry into effect the powers granted and purposes stated in
32     this Section.
33     (c) Any municipality establishing vehicular standing,
34 parking, and compliance regulations under this Section may also

 

 

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1 provide by ordinance for a program of vehicle immobilization
2 for the purpose of facilitating enforcement of those
3 regulations. The program of vehicle immobilization shall
4 provide for immobilizing any eligible vehicle upon the public
5 way by presence of a restraint in a manner to prevent operation
6 of the vehicle. Any ordinance establishing a program of vehicle
7 immobilization under this Section shall provide:
8         (1) Criteria for the designation of vehicles eligible
9     for immobilization. A vehicle shall be eligible for
10     immobilization when the registered owner of the vehicle has
11     accumulated the number of unpaid final determinations of
12     parking, standing, or compliance violation liability as
13     determined by ordinance.
14         (2) A notice of impending vehicle immobilization and a
15     right to a hearing to challenge the validity of the notice
16     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 has
20     been immobilized or subsequently towed without payment of
21     the outstanding fines and penalties on parking, standing,
22     or compliance violations for which final determinations
23     have been issued. An order issued after the hearing is a
24     final administrative decision within the meaning of
25     Section 3-101 of the Code of Civil Procedure.
26         (4) A post immobilization and post-towing notice
27     advising the registered owner of the vehicle of the right
28     to a hearing to challenge the validity of the impoundment.
29     (d) Judicial review of final determinations of parking,
30 standing, and compliance violations and final administrative
31 decisions issued after hearings regarding vehicle
32 immobilization and impoundment made under this Section shall be
33 subject to the provisions of the Administrative Review Law.
34     (e) Any fine, penalty, or part of any fine or any penalty

 

 

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1 remaining unpaid after the exhaustion of, or the failure to
2 exhaust, administrative remedies created under this Section
3 and the conclusion of any judicial review procedures shall be a
4 debt due and owing the municipality and, as such, may be
5 collected in accordance with applicable law. Payment in full of
6 any fine or penalty resulting from a standing, parking, or
7 compliance violation shall constitute a final disposition of
8 that violation.
9     (f) After the expiration of the period within which
10 judicial review may be sought for a final determination of
11 parking, standing, or compliance violation, the municipality
12 may commence a proceeding in the Circuit Court for purposes of
13 obtaining a judgment on the final determination of violation.
14 Nothing in this Section shall prevent a municipality from
15 consolidating multiple final determinations of parking,
16 standing, or compliance violation against a person in a
17 proceeding. Upon commencement of the action, the municipality
18 shall file a certified copy or record of the final
19 determination of parking, standing, or compliance violation,
20 which shall be accompanied by a certification that recites
21 facts sufficient to show that the final determination of
22 violation was issued in accordance with this Section and the
23 applicable municipal ordinance. Service of the summons and a
24 copy of the petition may be by any method provided by Section
25 2-203 of the Code of Civil Procedure or by certified mail,
26 return receipt requested, provided that the total amount of
27 fines and penalties for final determinations of parking,
28 standing, or compliance violations does not exceed $2500. If
29 the court is satisfied that the final determination of parking,
30 standing, or compliance violation was entered in accordance
31 with the requirements of this Section and the applicable
32 municipal ordinance, and that the registered owner or the
33 lessee, as the case may be, had an opportunity for an
34 administrative hearing and for judicial review as provided in

 

 

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1 this Section, the court shall render judgment in favor of the
2 municipality and against the registered owner or the lessee for
3 the amount indicated in the final determination of parking,
4 standing, or compliance violation, plus costs. The judgment
5 shall have the same effect and may be enforced in the same
6 manner as other judgments for the recovery of money.
7 (Source: P.A. 92-695, eff. 1-1-03.)".