Full Text of HB1597 94th General Assembly
HB1597eng 94TH GENERAL ASSEMBLY
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HB1597 Engrossed |
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LRB094 07702 DRH 37878 b |
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| AN ACT concerning transportation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Vehicle Code is amended by changing | 5 |
| Sections 6-306.5 and 11-208.3 as follows:
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| (625 ILCS 5/6-306.5) (from Ch. 95 1/2, par. 6-306.5)
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| Sec. 6-306.5. Failure to pay fine or penalty for standing, | 8 |
| parking, or
compliance violations; suspension of driving | 9 |
| privileges.
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| (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
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| 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 | 25 |
| regulations after
exhaustion of judicial review procedures.
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| (b) Following receipt of the certified report of the | 27 |
| municipality as
specified in this Section, the Secretary of | 28 |
| State shall notify the person
whose name appears on the | 29 |
| certified report that
the person's
drivers license will be | 30 |
| suspended at the end of a specified period of time
unless the | 31 |
| Secretary of State is presented with a notice from the
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| municipality certifying that the fine or penalty due
and owing |
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| the municipality has been paid or that inclusion of that
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| person's name on the certified report was in error. The | 3 |
| Secretary's notice
shall state in substance the information
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| contained in the municipality's certified report to the | 5 |
| Secretary, and
shall be effective as specified by subsection | 6 |
| (c) of Section 6-211 of this
Code.
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| (c) The report of the appropriate municipal official | 8 |
| notifying the
Secretary of State of unpaid fines or penalties | 9 |
| pursuant to this Section
shall be certified and shall contain | 10 |
| the following:
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| (1) The name, last known address as recorded with the | 12 |
| Secretary of State, as provided by the lessor of the cited | 13 |
| vehicle at the time of lease, or as recorded in a United | 14 |
| States Post Office approved database if any notice sent | 15 |
| under Section 11-208.3 of this Code is returned as | 16 |
| undeliverable, and drivers license number of the
person who | 17 |
| failed to pay the fine or
penalty and the registration | 18 |
| number of any vehicle known to be registered
to such person | 19 |
| in this State.
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| (2) The name of the municipality making the report | 21 |
| pursuant to this
Section.
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| (3) A statement that the municipality sent a notice of | 23 |
| impending
drivers license suspension as prescribed by | 24 |
| ordinance enacted
pursuant to Section 11-208.3, to the | 25 |
| person named in the report at the
address recorded with the | 26 |
| Secretary of State or at the last address known to the | 27 |
| lessor of the cited vehicle at the time of lease or, if any | 28 |
| notice sent under Section 11-208.3 of this Code is returned | 29 |
| as undeliverable, at the last known address recorded in a | 30 |
| United States Post Office approved database ; the date on | 31 |
| which such
notice was sent; and the address to which such | 32 |
| notice was sent.
In a municipality with a population of | 33 |
| 1,000,000 or more, the report shall
also include a | 34 |
| statement that the alleged violator's State vehicle | 35 |
| registration
number and vehicle make are correct as they | 36 |
| appear on the citations.
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| (d) Any municipality making a certified report to the | 2 |
| Secretary of State
pursuant to this Section
shall notify the | 3 |
| Secretary of State, in a form prescribed by the
Secretary, | 4 |
| whenever a person named in the certified report has paid the
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| previously reported fine or penalty or whenever the | 6 |
| municipality determines
that the original report was in error. | 7 |
| A certified copy of such
notification shall also be given upon | 8 |
| request and at no additional charge
to the person named | 9 |
| therein. Upon receipt of the municipality's
notification or | 10 |
| presentation of a certified copy of such notification, the
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| Secretary of State shall terminate the suspension.
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| (e) Any municipality making a certified report to the | 13 |
| Secretary of State
pursuant to this Section
shall also by | 14 |
| ordinance establish procedures for persons to
challenge the | 15 |
| accuracy of the certified report. The ordinance shall also
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| state the grounds for such a challenge, which may be limited to | 17 |
| (1) the
person not having been the owner or lessee of the | 18 |
| vehicle or vehicles
receiving 10 or more standing, parking, or | 19 |
| compliance
violation notices on the date or dates such notices | 20 |
| were issued; and (2) the
person
having already paid the fine or | 21 |
| penalty for the 10 or more violations
indicated on the | 22 |
| certified report.
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| (f) Any municipality, other than a municipality | 24 |
| establishing vehicular
standing, parking, and compliance | 25 |
| regulations pursuant to
Section 11-208.3, may also
cause a | 26 |
| suspension of a person's drivers license pursuant to this | 27 |
| Section.
Such municipality may invoke this sanction by making a | 28 |
| certified report to
the Secretary of State upon a person's | 29 |
| failure to satisfy any fine or
penalty imposed by final | 30 |
| judgment for 10 or more violations of local
standing, parking, | 31 |
| or compliance regulations after exhaustion
of judicial review
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| procedures, but only if:
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| (1) the municipality complies with the provisions of | 34 |
| this Section in all
respects except in regard to enacting | 35 |
| an ordinance pursuant to Section
11-208.3;
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| (2) the municipality has sent a notice of impending
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| drivers license suspension as prescribed by an ordinance | 2 |
| enacted pursuant to
subsection (g) of this Section; and
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| (3) in municipalities with a population of 1,000,000 or | 4 |
| more, the
municipality
has verified that the alleged | 5 |
| violator's State vehicle registration number and
vehicle | 6 |
| make are correct as they appear on the citations.
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| (g) Any municipality, other than a municipality | 8 |
| establishing
standing, parking, and compliance regulations | 9 |
| pursuant to
Section 11-208.3, may provide by
ordinance for the | 10 |
| sending of a notice of impending
drivers license suspension to | 11 |
| the person who has failed to satisfy any fine
or penalty | 12 |
| imposed by final judgment for 10 or more violations of local
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| standing, parking, or compliance regulations after exhaustion
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| of
judicial review
procedures. An ordinance so providing shall | 15 |
| specify that the notice
sent to the person liable for any fine | 16 |
| or penalty
shall state that failure to pay the fine or
penalty | 17 |
| owing within 45 days of the notice's date will result in the
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| municipality notifying the Secretary of State that
the person's | 19 |
| drivers license is eligible for suspension pursuant to this
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| Section.
The notice of impending drivers license suspension
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| shall be sent by first class United States mail, postage | 22 |
| prepaid, to the
address
recorded with the Secretary of State or | 23 |
| at the last address known to the lessor of the cited vehicle at | 24 |
| the time of lease or, if any notice sent under Section 11-208.3 | 25 |
| of this Code is returned as undeliverable, to the last known | 26 |
| address recorded in a United States Post Office approved | 27 |
| database .
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| (h) An administrative hearing to contest an impending | 29 |
| suspension or a
suspension made pursuant to this Section may be | 30 |
| had upon filing a written
request with the Secretary of State. | 31 |
| The filing fee for this hearing shall
be $20, to be paid at the | 32 |
| time the request is made.
A municipality which files a | 33 |
| certified report with the Secretary of
State pursuant to this | 34 |
| Section shall reimburse the Secretary for all
reasonable costs | 35 |
| incurred by the Secretary as a result of the filing of the
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| report, including but not limited to the costs of providing the |
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| notice
required pursuant to subsection (b) and the costs | 2 |
| incurred by the Secretary
in any hearing conducted with respect | 3 |
| to the report pursuant to this
subsection and any appeal from | 4 |
| such a hearing.
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| (i) The provisions of this Section shall apply on and after | 6 |
| January 1, 1988.
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| (j) For purposes of this Section, the term "compliance | 8 |
| violation" is
defined as in Section 11-208.3.
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| (Source: P.A. 89-190, eff. 1-1-96; 90-145, eff. 1-1-98; 90-481, | 10 |
| eff.
8-17-97.)
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| (625 ILCS 5/11-208.3) (from Ch. 95 1/2, par. 11-208.3)
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| Sec. 11-208.3. Administrative adjudication of violations | 13 |
| of traffic
regulations concerning the standing, parking, or | 14 |
| condition of
vehicles.
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| (a) Any municipality may provide by ordinance for a system | 16 |
| of
administrative adjudication of vehicular standing and | 17 |
| parking violations and
vehicle compliance violations as | 18 |
| defined in this subsection.
The administrative system shall | 19 |
| have as its purpose the fair and
efficient enforcement of | 20 |
| municipal regulations through the
administrative adjudication | 21 |
| of violations of municipal ordinances
regulating the standing | 22 |
| and parking of vehicles, the condition and use of
vehicle | 23 |
| equipment, and the display of municipal wheel tax licenses | 24 |
| within the
municipality's
borders. The administrative system | 25 |
| shall only have authority to adjudicate
civil offenses carrying | 26 |
| fines not in excess of $250 that occur after the
effective date | 27 |
| of the ordinance adopting such a system under this Section.
For | 28 |
| purposes of this Section, "compliance violation" means a | 29 |
| violation of a
municipal regulation governing the condition or | 30 |
| use of equipment on a vehicle
or governing the display of a | 31 |
| municipal wheel tax license.
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| (b) Any ordinance establishing a system of administrative | 33 |
| adjudication
under this Section shall provide for:
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| (1) A traffic compliance administrator authorized to
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| adopt, distribute and
process parking and compliance |
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| violation notices and other notices required
by this
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| Section, collect money paid as fines and penalties for | 3 |
| violation of parking
and compliance
ordinances, and | 4 |
| operate an administrative adjudication system. The traffic
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| compliance
administrator also may make a certified report | 6 |
| to the Secretary of State
under Section 6-306.5.
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| (2) A parking, standing, or compliance violation | 8 |
| notice
that
shall specify the date,
time, and place of | 9 |
| violation of a parking, standing, or compliance
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| regulation; the particular regulation
violated; the fine | 11 |
| and any penalty that may be assessed for late payment,
when | 12 |
| so provided by ordinance; the vehicle make and state | 13 |
| registration
number; and the identification number of the
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| person issuing the notice.
With regard to municipalities | 15 |
| with a population of 1 million or more, it
shall be grounds | 16 |
| for
dismissal of a parking
violation if the State | 17 |
| registration number or vehicle make specified is
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| incorrect. The violation notice shall state that the | 19 |
| payment of the indicated
fine, and of any applicable | 20 |
| penalty for late payment, shall operate as a
final | 21 |
| disposition of the violation. The notice also shall contain
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| information as to the availability of a hearing in which | 23 |
| the violation may
be contested on its merits. The violation | 24 |
| notice shall specify the
time and manner in which a hearing | 25 |
| may be had.
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| (3) Service of the parking, standing, or compliance
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| violation notice by affixing the
original or a facsimile of | 28 |
| the notice to an unlawfully parked vehicle or by
handing | 29 |
| the notice to the operator of a vehicle if he or she is
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| present. A person authorized by ordinance to issue and | 31 |
| serve parking,
standing, and compliance
violation notices | 32 |
| shall certify as to the correctness of the facts entered
on | 33 |
| the violation notice by signing his or her name to the | 34 |
| notice at
the time of service or in the case of a notice | 35 |
| produced by a computerized
device, by signing a single | 36 |
| certificate to be kept by the traffic
compliance
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| administrator attesting to the correctness of all notices | 2 |
| produced by the
device while it was under his or her | 3 |
| control. The original or a
facsimile of the violation | 4 |
| notice or, in the case of a notice produced by a
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| computerized device, a printed record generated by the | 6 |
| device showing the facts
entered on the notice, shall be | 7 |
| retained by the
traffic compliance
administrator, and | 8 |
| shall be a record kept in the ordinary course of
business. | 9 |
| A parking, standing, or compliance violation notice | 10 |
| issued,
signed and served in
accordance with this Section, | 11 |
| a copy of the notice, or the computer
generated record | 12 |
| shall be prima facie
correct and shall be prima facie | 13 |
| evidence of the correctness of the facts
shown on the | 14 |
| notice. The notice, copy, or computer generated
record | 15 |
| shall be admissible in any
subsequent administrative or | 16 |
| legal proceedings.
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| (4) An opportunity for a hearing for the registered | 18 |
| owner of the
vehicle cited in the parking, standing, or | 19 |
| compliance violation notice in
which the owner may
contest | 20 |
| the merits of the alleged violation, and during which | 21 |
| formal or
technical rules of evidence shall not apply; | 22 |
| provided, however, that under
Section 11-1306 of this Code | 23 |
| the lessee of a vehicle cited in the
violation notice | 24 |
| likewise shall be provided an opportunity for a hearing of
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| the same kind afforded the registered owner. The hearings | 26 |
| shall be
recorded, and the person conducting the hearing on | 27 |
| behalf of the traffic
compliance
administrator shall be | 28 |
| empowered to administer oaths and to secure by
subpoena | 29 |
| both the attendance and testimony of witnesses and the | 30 |
| production
of relevant books and papers. Persons appearing | 31 |
| at a hearing under this
Section may be represented by | 32 |
| counsel at their expense. The ordinance may
also provide | 33 |
| for internal administrative review following the decision | 34 |
| of
the hearing officer.
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| (5) Service of additional notices, sent by first class | 36 |
| United States
mail, postage prepaid, to the address of the |
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| registered owner of the cited
vehicle as recorded with the | 2 |
| Secretary of State or, if any notice to that address is | 3 |
| returned as undeliverable, to the last known address | 4 |
| recorded in a United States Post Office approved database,
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| or, under Section 11-1306
of this Code, to the lessee of | 6 |
| the cited vehicle at the last address known
to the lessor | 7 |
| of the cited vehicle at the time of lease or, if any notice | 8 |
| to that address is returned as undeliverable, to the last | 9 |
| known address recorded in a United States Post Office | 10 |
| approved database .
The service shall
be deemed complete as | 11 |
| of the date of deposit in the United States mail.
The | 12 |
| notices shall be in the following sequence and shall | 13 |
| include but not be
limited to the information specified | 14 |
| herein:
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| (i) A second notice of violation. This notice shall | 16 |
| specify the
date and location of the violation cited in | 17 |
| the parking,
standing,
or compliance violation
notice, | 18 |
| the particular regulation violated, the vehicle
make | 19 |
| and state registration number, the fine and any penalty | 20 |
| that may be
assessed for late payment when so provided | 21 |
| by ordinance, the availability
of a hearing in which | 22 |
| the violation may be contested on its merits, and the
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| time and manner in which the hearing may be had. The | 24 |
| notice of violation
shall also state that failure | 25 |
| either to pay the indicated fine and any
applicable | 26 |
| penalty, or to appear at a hearing on the merits in the | 27 |
| time and
manner specified, will result in a final | 28 |
| determination of violation
liability for the cited | 29 |
| violation in the amount of the fine or penalty
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| indicated, and that, upon the occurrence of a final | 31 |
| determination of violation liability for the failure, | 32 |
| and the exhaustion of, or
failure to exhaust, available | 33 |
| administrative or judicial procedures for
review, any | 34 |
| unpaid fine or penalty will constitute a debt due and | 35 |
| owing
the municipality.
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| (ii) A notice of final determination of parking, |
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| standing, or
compliance violation liability.
This | 2 |
| notice shall be sent following a final determination of | 3 |
| parking,
standing, or compliance
violation liability | 4 |
| and the conclusion of judicial review procedures taken
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| under this Section. The notice shall state that the | 6 |
| unpaid fine or
penalty is a debt due and owing the | 7 |
| municipality. The notice shall contain
warnings that | 8 |
| failure to pay any fine or penalty due and owing the
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| municipality within the time specified may result in | 10 |
| the municipality's
filing of a petition in the Circuit | 11 |
| Court to have the unpaid
fine or penalty rendered a | 12 |
| judgment as provided by this Section, or may
result in | 13 |
| suspension of the person's drivers license for failure | 14 |
| to pay
fines or penalties for 10 or more parking | 15 |
| violations under Section 6-306.5.
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| (6) A Notice of impending drivers license suspension. | 17 |
| This
notice shall be sent to the person liable for any fine | 18 |
| or penalty that
remains due and owing on 10 or more parking
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| violations. The notice
shall state that failure to pay the | 20 |
| fine or penalty owing within 45 days of
the notice's date | 21 |
| will result in the municipality notifying the Secretary
of | 22 |
| State that the person is eligible for initiation of | 23 |
| suspension
proceedings under Section 6-306.5 of this Code. | 24 |
| The notice shall also state
that the person may obtain a | 25 |
| photostatic copy of an original ticket imposing a
fine or | 26 |
| penalty by sending a self addressed, stamped envelope to | 27 |
| the
municipality along with a request for the photostatic | 28 |
| copy.
The notice of impending
drivers license suspension | 29 |
| shall be sent by first class United States mail,
postage | 30 |
| prepaid, to the address recorded with the Secretary of | 31 |
| State or, if any notice to that address is returned as | 32 |
| undeliverable, to the last known address recorded in a | 33 |
| United States Post Office approved database .
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| (7) Final determinations of violation liability. A | 35 |
| final
determination of violation liability shall occur | 36 |
| following failure
to pay the fine or penalty after a |
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| hearing officer's determination of violation liability and | 2 |
| the exhaustion of or failure to exhaust any
administrative | 3 |
| review procedures provided by ordinance. Where a person
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| fails to appear at a hearing to contest the alleged | 5 |
| violation in the time
and manner specified in a prior | 6 |
| mailed notice, the hearing officer's
determination of | 7 |
| violation liability shall become final: (A) upon
denial of | 8 |
| a timely petition to set aside that determination, or (B) | 9 |
| upon
expiration of the period for filing the petition | 10 |
| without a
filing having been made.
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| (8) A petition to set aside a determination of parking, | 12 |
| standing, or
compliance violation
liability that may be | 13 |
| filed by a person owing an unpaid fine or penalty.
The | 14 |
| petition shall be filed with and ruled upon by the traffic | 15 |
| compliance
administrator in the manner and within the time | 16 |
| specified by ordinance.
The grounds for the petition may be | 17 |
| limited to: (A) the person not having
been the owner or | 18 |
| lessee of the cited vehicle on the date the
violation | 19 |
| notice was issued, (B) the person having already paid the | 20 |
| fine or
penalty for the violation in question, and (C) | 21 |
| excusable failure to
appear at or
request a new date for a | 22 |
| hearing.
With regard to municipalities with a population of | 23 |
| 1 million or more, it
shall be grounds for
dismissal of a
| 24 |
| parking violation if the State registration number or | 25 |
| vehicle make specified is
incorrect. After the | 26 |
| determination of
parking, standing, or compliance | 27 |
| violation liability has been set aside
upon a showing of | 28 |
| just
cause, the registered owner shall be provided with a | 29 |
| hearing on the merits
for that violation.
| 30 |
| (9) Procedures for non-residents. Procedures by which | 31 |
| persons who are
not residents of the municipality may | 32 |
| contest the merits of the alleged
violation without | 33 |
| attending a hearing.
| 34 |
| (10) A schedule of civil fines for violations of | 35 |
| vehicular standing,
parking, and compliance regulations | 36 |
| enacted by ordinance pursuant to this
Section, and a
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| schedule of penalties for late payment of the fines, | 2 |
| provided, however,
that the total amount of the fine and | 3 |
| penalty for any one violation shall
not exceed $250.
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| (11) Other provisions as are necessary and proper to | 5 |
| carry into
effect the powers granted and purposes stated in | 6 |
| this Section.
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| (c) Any municipality establishing vehicular standing, | 8 |
| parking,
and compliance
regulations under this Section may also | 9 |
| provide by ordinance for a
program of vehicle immobilization | 10 |
| for the purpose of facilitating
enforcement of those | 11 |
| regulations. The program of vehicle
immobilization shall | 12 |
| provide for immobilizing any eligible vehicle upon the
public | 13 |
| way by presence of a restraint in a manner to prevent operation | 14 |
| of
the vehicle. Any ordinance establishing a program of vehicle
| 15 |
| immobilization under this Section shall provide:
| 16 |
| (1) Criteria for the designation of vehicles eligible | 17 |
| for
immobilization. A vehicle shall be eligible for | 18 |
| immobilization when the
registered owner of the vehicle has | 19 |
| accumulated the number of unpaid final
determinations of | 20 |
| parking, standing, or compliance violation liability as
| 21 |
| determined by ordinance.
| 22 |
| (2) A notice of impending vehicle immobilization and a | 23 |
| right to a
hearing to challenge the validity of the notice | 24 |
| by disproving liability
for the unpaid final | 25 |
| determinations of parking, standing, or compliance
| 26 |
| violation liability listed
on the notice.
| 27 |
| (3) The right to a prompt hearing after a vehicle has | 28 |
| been immobilized
or subsequently towed without payment of | 29 |
| the outstanding fines and
penalties on parking, standing, | 30 |
| or compliance violations for which final
determinations | 31 |
| have been
issued. An order issued after the hearing is a | 32 |
| final administrative
decision within the meaning of | 33 |
| Section 3-101 of the Code of Civil Procedure.
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| (4) A post immobilization and post-towing notice | 35 |
| advising the registered
owner of the vehicle of the right | 36 |
| to a hearing to challenge the validity
of the impoundment.
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| (d) Judicial review of final determinations of parking, | 2 |
| standing, and
compliance
violations and final administrative | 3 |
| decisions issued after hearings
regarding vehicle | 4 |
| immobilization and impoundment made
under this Section shall be | 5 |
| subject to the provisions of
the Administrative Review Law.
| 6 |
| (e) Any fine, penalty, or part of any fine or any penalty | 7 |
| remaining
unpaid after the exhaustion of, or the failure to | 8 |
| exhaust, administrative
remedies created under this Section | 9 |
| and the conclusion of any judicial
review procedures shall be a | 10 |
| debt due and owing the municipality and, as
such, may be | 11 |
| collected in accordance with applicable law. Payment in full
of | 12 |
| any fine or penalty resulting from a standing, parking, or
| 13 |
| compliance violation shall
constitute a final disposition of | 14 |
| that violation.
| 15 |
| (f) After the expiration of the period within which | 16 |
| judicial review may
be sought for a final determination of | 17 |
| parking, standing, or compliance
violation, the municipality
| 18 |
| may commence a proceeding in the Circuit Court for purposes of | 19 |
| obtaining a
judgment on the final determination of violation. | 20 |
| Nothing in this
Section shall prevent a municipality from | 21 |
| consolidating multiple final
determinations of parking, | 22 |
| standing, or compliance violation against a
person in a | 23 |
| proceeding.
Upon commencement of the action, the municipality | 24 |
| shall file a certified
copy or record of the final | 25 |
| determination of parking, standing, or compliance
violation, | 26 |
| which shall be
accompanied by a certification that recites | 27 |
| facts sufficient to show that
the final determination of | 28 |
| violation was
issued in accordance with this Section and the | 29 |
| applicable municipal
ordinance. Service of the summons and a | 30 |
| copy of the petition may be by
any method provided by Section | 31 |
| 2-203 of the Code of Civil Procedure or by
certified mail, | 32 |
| return receipt requested, provided that the total amount of
| 33 |
| fines and penalties for final determinations of parking, | 34 |
| standing, or
compliance violations does not
exceed $2500. If | 35 |
| the court is satisfied that the final determination of
parking, | 36 |
| standing, or compliance violation was entered in accordance |
|
|
|
HB1597 Engrossed |
- 13 - |
LRB094 07702 DRH 37878 b |
|
| 1 |
| with
the requirements of
this Section and the applicable | 2 |
| municipal ordinance, and that the registered
owner or the | 3 |
| lessee, as the case may be, had an opportunity for an
| 4 |
| administrative hearing and for judicial review as provided in | 5 |
| this Section,
the court shall render judgment in favor of the | 6 |
| municipality and against
the registered owner or the lessee for | 7 |
| the amount indicated in the final
determination of parking, | 8 |
| standing, or compliance violation, plus costs.
The judgment | 9 |
| shall have
the same effect and may be enforced in the same | 10 |
| manner as other judgments
for the recovery of money.
| 11 |
| (Source: P.A. 92-695, eff. 1-1-03.)
|
|