Full Text of HB1053 99th General Assembly
HB1053ham001 99TH GENERAL ASSEMBLY | Rep. Kelly Burke Filed: 4/20/2015
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| 1 | | AMENDMENT TO HOUSE BILL 1053
| 2 | | AMENDMENT NO. ______. Amend House Bill 1053 by replacing | 3 | | everything after the enacting clause with the following:
| 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, automated traffic law violations, and | 10 | | automated speed enforcement system violations.
| 11 | | (a) Any municipality or county may provide by ordinance for | 12 | | a system of
administrative adjudication of vehicular standing | 13 | | and parking violations and
vehicle compliance violations as | 14 | | described in this subsection, automated traffic law violations | 15 | | as defined in Section 11-208.6, 11-208.9, or 11-1201.1, and | 16 | | automated speed enforcement system violations as defined in |
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| 1 | | Section 11-208.8.
The administrative system shall have as its | 2 | | purpose the fair and
efficient enforcement of municipal or | 3 | | county regulations through the
administrative adjudication of | 4 | | automated speed enforcement system or automated traffic law | 5 | | violations and violations of municipal or county ordinances
| 6 | | regulating the standing and parking of vehicles, the condition | 7 | | and use of
vehicle equipment, and the display of municipal or | 8 | | county wheel tax licenses within the
municipality's
or county's | 9 | | borders. The administrative system shall only have authority to | 10 | | adjudicate
civil offenses carrying fines not in excess of $500 | 11 | | or requiring the completion of a traffic education program, or | 12 | | both, that occur after the
effective date of the ordinance | 13 | | adopting such a system under this Section.
For purposes of this | 14 | | Section, "compliance violation" means a violation of a
| 15 | | municipal or county regulation governing the condition or use | 16 | | of equipment on a vehicle
or governing the display of a | 17 | | municipal or county wheel tax license.
| 18 | | (b) Any ordinance establishing a system of administrative | 19 | | adjudication
under this Section shall provide for:
| 20 | | (1) A traffic compliance administrator authorized to
| 21 | | adopt, distribute and
process parking, compliance, and | 22 | | automated speed enforcement system or automated traffic | 23 | | law violation notices and other notices required
by this
| 24 | | Section, collect money paid as fines and penalties for | 25 | | violation of parking
and compliance
ordinances and | 26 | | automated speed enforcement system or automated traffic |
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| 1 | | law violations, and operate an administrative adjudication | 2 | | system. The traffic
compliance
administrator also may make | 3 | | a certified report to the Secretary of State
under Section | 4 | | 6-306.5.
| 5 | | (2) A parking, standing, compliance, automated speed | 6 | | enforcement system, or automated traffic law violation | 7 | | notice
that
shall specify the date,
time, and place of | 8 | | violation of a parking, standing,
compliance, automated | 9 | | speed enforcement system, or automated traffic law
| 10 | | regulation; the particular regulation
violated; any | 11 | | requirement to complete a traffic education program; the | 12 | | fine and any penalty that may be assessed for late payment | 13 | | or failure to complete a required traffic education | 14 | | program, or both,
when so provided by ordinance; the | 15 | | vehicle make and state registration
number; and the | 16 | | identification number of the
person issuing the notice.
| 17 | | With regard to automated speed enforcement system or | 18 | | 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 make is | 21 | | available and readily discernible. With regard to | 22 | | municipalities or counties with a population of 1 million | 23 | | or more, it
shall be grounds for
dismissal of a parking
| 24 | | violation if the state registration number or vehicle make | 25 | | specified is
incorrect. The violation notice shall state | 26 | | that the completion of any required traffic education |
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| 1 | | program, the payment of any indicated
fine, and the payment | 2 | | of any applicable penalty for late payment or failure to | 3 | | complete a required traffic education program, or both, | 4 | | shall operate as a
final disposition of the violation. The | 5 | | notice also shall contain
information as to the | 6 | | availability of a hearing in which the violation may
be | 7 | | contested on its merits. The violation notice shall specify | 8 | | the
time and manner in which a hearing may be had.
| 9 | | (3) Service of the parking, standing, or compliance
| 10 | | violation notice by affixing the
original or a facsimile of | 11 | | the notice to an unlawfully parked vehicle or by
handing | 12 | | the notice to the operator of a vehicle if he or she is
| 13 | | present , or and service of an automated speed enforcement | 14 | | system , or automated traffic law , or compliance violation | 15 | | notice by mail to the
address
of the registered owner or | 16 | | lessee of the cited vehicle as recorded with the Secretary | 17 | | of
State or the lessor of the motor vehicle within 30 days | 18 | | after the Secretary of State or the lessor of the motor | 19 | | vehicle notifies the municipality or county of the identity | 20 | | of the owner or lessee of the vehicle, but not later than | 21 | | 90 days after the violation, except that in the case of a | 22 | | lessee of a motor vehicle, service of an automated traffic | 23 | | law violation notice may occur no later than 210 days after | 24 | | the violation. A person authorized by ordinance to issue | 25 | | and serve parking,
standing, and compliance
violation | 26 | | notices shall certify as to the correctness of the facts |
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| 1 | | entered
on the violation notice by signing his or her name | 2 | | to the notice at
the time of service or in the case of a | 3 | | notice produced by a computerized
device, by signing a | 4 | | single certificate to be kept by the traffic
compliance
| 5 | | administrator attesting to the correctness of all notices | 6 | | produced by the
device while it was under his or her | 7 | | control. In the case of an automated traffic law violation, | 8 | | the ordinance shall
require
a
determination by a technician | 9 | | employed or contracted by the municipality or county that,
| 10 | | based on inspection of recorded images, the motor vehicle | 11 | | was being operated in
violation of Section 11-208.6, | 12 | | 11-208.9, or 11-1201.1 or a local ordinance.
If the | 13 | | technician determines that the
vehicle entered the | 14 | | intersection as part of a funeral procession or in order to
| 15 | | yield the right-of-way to an emergency vehicle, a citation | 16 | | shall not be issued. In municipalities with a population of | 17 | | less than 1,000,000 inhabitants and counties with a | 18 | | population of less than 3,000,000 inhabitants, the | 19 | | automated traffic law ordinance shall require that all | 20 | | determinations by a technician that a motor vehicle was | 21 | | being operated in
violation of Section 11-208.6, 11-208.9, | 22 | | or 11-1201.1 or a local ordinance must be reviewed and | 23 | | approved by a law enforcement officer or retired law | 24 | | enforcement officer of the municipality or county issuing | 25 | | the violation. In municipalities with a population of | 26 | | 1,000,000 or more inhabitants and counties with a |
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| 1 | | population of 3,000,000 or more inhabitants, the automated | 2 | | traffic law ordinance shall require that all | 3 | | determinations by a technician that a motor vehicle was | 4 | | being operated in
violation of Section 11-208.6, 11-208.9, | 5 | | or 11-1201.1 or a local ordinance must be reviewed and | 6 | | approved by a law enforcement officer or retired law | 7 | | enforcement officer of the municipality or county issuing | 8 | | the violation or by an additional fully-trained reviewing | 9 | | technician who is not employed by the contractor who | 10 | | employs the technician who made the initial determination. | 11 | | In the case of an automated speed enforcement system | 12 | | violation, the ordinance shall require a determination by a | 13 | | technician employed by the municipality, based upon an | 14 | | inspection of recorded images, video or other | 15 | | documentation, including documentation of the speed limit | 16 | | and automated speed enforcement signage, and documentation | 17 | | of the inspection, calibration, and certification of the | 18 | | speed equipment, that the vehicle was being operated in | 19 | | violation of Article VI of Chapter 11 of this Code or a | 20 | | similar local ordinance. If the technician determines that | 21 | | the vehicle speed was not determined by a calibrated, | 22 | | certified speed equipment device based upon the speed | 23 | | equipment documentation, or if the vehicle was an emergency | 24 | | vehicle, a citation may not be issued. The automated speed | 25 | | enforcement ordinance shall require that all | 26 | | determinations by a technician that a violation occurred be |
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| 1 | | reviewed and approved by a law enforcement officer or | 2 | | retired law enforcement officer of the municipality | 3 | | issuing the violation or by an additional fully trained | 4 | | reviewing technician who is not employed by the contractor | 5 | | who employs the technician who made the initial | 6 | | determination. Routine and independent calibration of the | 7 | | speeds produced by automated speed enforcement systems and | 8 | | equipment shall be conducted annually by a qualified | 9 | | technician. Speeds produced by an automated speed | 10 | | enforcement system shall be compared with speeds produced | 11 | | by lidar or other independent equipment. Radar or lidar | 12 | | equipment shall undergo an internal validation test no less | 13 | | frequently than once each week. Qualified technicians | 14 | | shall test loop based equipment no less frequently than | 15 | | once a year. Radar equipment shall be checked for accuracy | 16 | | by a qualified technician when the unit is serviced, when | 17 | | unusual or suspect readings persist, or when deemed | 18 | | necessary by a reviewing technician. Radar equipment shall | 19 | | be checked with the internal frequency generator and the | 20 | | internal circuit test whenever the radar is turned on. | 21 | | Technicians must be alert for any unusual or suspect | 22 | | readings, and if unusual or suspect readings of a radar | 23 | | unit persist, that unit shall immediately be removed from | 24 | | service and not returned to service until it has been | 25 | | checked by a qualified technician and determined to be | 26 | | functioning properly. Documentation of the annual |
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| 1 | | calibration results, including the equipment tested, test | 2 | | date, technician performing the test, and test results, | 3 | | shall be maintained and available for use in the | 4 | | determination of an automated speed enforcement system | 5 | | violation and issuance of a citation. The technician | 6 | | performing the calibration and testing of the automated | 7 | | speed enforcement equipment shall be trained and certified | 8 | | in the use of equipment for speed enforcement purposes. | 9 | | Training on the speed enforcement equipment may be | 10 | | conducted by law enforcement, civilian, or manufacturer's | 11 | | personnel and if applicable may be equivalent to the | 12 | | equipment use and operations training included in the Speed | 13 | | Measuring Device Operator Program developed by the | 14 | | National Highway Traffic Safety Administration (NHTSA). | 15 | | The vendor or technician who performs the work shall keep | 16 | | accurate records on each piece of equipment the technician | 17 | | calibrates and tests. As used in this paragraph, | 18 | | "fully-trained reviewing technician" means a person who | 19 | | has received at least 40 hours of supervised training in | 20 | | subjects which shall include image inspection and | 21 | | interpretation, the elements necessary to prove a | 22 | | violation, license plate identification, and traffic | 23 | | safety and management. In all municipalities and counties, | 24 | | the automated speed enforcement system or automated | 25 | | traffic law ordinance shall require that no additional fee | 26 | | shall be charged to the alleged violator for exercising his |
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| 1 | | or her right to an administrative hearing, and persons | 2 | | shall be given at least 25 days following an administrative | 3 | | hearing to pay any civil penalty imposed by a finding that | 4 | | Section 11-208.6, 11-208.8, 11-208.9, or 11-1201.1 or a | 5 | | similar local ordinance has been violated. The original or | 6 | | a
facsimile of the violation notice or, in the case of a | 7 | | notice produced by a
computerized device, a printed record | 8 | | generated by the device showing the facts
entered on the | 9 | | notice, shall be retained by the
traffic compliance
| 10 | | administrator, and shall be a record kept in the ordinary | 11 | | course of
business. A parking, standing, compliance, | 12 | | automated speed enforcement system, or automated traffic | 13 | | law violation notice issued,
signed and served in
| 14 | | accordance with this Section, a copy of the notice, or the | 15 | | computer
generated record shall be prima facie
correct and | 16 | | shall be prima facie evidence of the correctness of the | 17 | | facts
shown on the notice. The notice, copy, or computer | 18 | | generated
record shall be admissible in any
subsequent | 19 | | administrative or legal proceedings.
| 20 | | (4) An opportunity for a hearing for the registered | 21 | | owner of the
vehicle cited in the parking, standing, | 22 | | compliance, automated speed enforcement system, or | 23 | | automated traffic law violation notice in
which the owner | 24 | | may
contest the merits of the alleged violation, and during | 25 | | which formal or
technical rules of evidence shall not | 26 | | apply; provided, however, that under
Section 11-1306 of |
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| 1 | | this Code the lessee of a vehicle cited in the
violation | 2 | | notice likewise shall be provided an opportunity for a | 3 | | hearing of
the same kind afforded the registered owner. The | 4 | | hearings shall be
recorded, and the person conducting the | 5 | | hearing on behalf of the traffic
compliance
administrator | 6 | | shall be empowered to administer oaths and to secure by
| 7 | | subpoena both the attendance and testimony of witnesses and | 8 | | the production
of relevant books and papers. Persons | 9 | | appearing at a hearing under this
Section may be | 10 | | represented by counsel at their expense. The ordinance may
| 11 | | also provide for internal administrative review following | 12 | | the decision of
the hearing officer.
| 13 | | (5) Service of additional notices, sent by first class | 14 | | United States
mail, postage prepaid, to the address of the | 15 | | registered owner of the cited
vehicle as recorded with the | 16 | | Secretary of State or, if any notice to that address is | 17 | | returned as undeliverable, to the last known address | 18 | | recorded in a United States Post Office approved database,
| 19 | | or, under Section 11-1306
or subsection (p) of Section | 20 | | 11-208.6 or 11-208.9, or subsection (p) of Section 11-208.8 | 21 | | of this Code, to the lessee of the cited vehicle at the | 22 | | last address known
to the lessor of the cited vehicle at | 23 | | the time of lease or, if any notice to that address is | 24 | | returned as undeliverable, to the last known address | 25 | | recorded in a United States Post Office approved database.
| 26 | | The service shall
be deemed complete as of the date of |
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| 1 | | deposit in the United States mail.
The notices shall be in | 2 | | the following sequence and shall include but not be
limited | 3 | | to the information specified herein:
| 4 | | (i) A second notice of parking, standing, or | 5 | | compliance violation. This notice shall specify the
| 6 | | date and location of the violation cited in the | 7 | | parking,
standing,
or compliance violation
notice, the | 8 | | particular regulation violated, the vehicle
make and | 9 | | state registration number, any requirement to complete | 10 | | a traffic education program, the fine and any penalty | 11 | | that may be
assessed for late payment or failure to | 12 | | complete a traffic education program, or both, when so | 13 | | provided by ordinance, the availability
of a hearing in | 14 | | which the violation may be contested on its merits, and | 15 | | the
time and manner in which the hearing may be had. | 16 | | The notice of violation
shall also state that failure | 17 | | to complete a required traffic education program, to | 18 | | pay the indicated fine and any
applicable penalty, or | 19 | | to appear at a hearing on the merits in the time and
| 20 | | manner specified, will result in a final determination | 21 | | of violation
liability for the cited violation in the | 22 | | amount of the fine or penalty
indicated, and that, upon | 23 | | the occurrence of a final determination of violation | 24 | | liability for the failure, and the exhaustion of, or
| 25 | | failure to exhaust, available administrative or | 26 | | judicial procedures for
review, any incomplete traffic |
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| 1 | | education program or any unpaid fine or penalty, or | 2 | | both, will constitute a debt due and owing
the | 3 | | municipality or county.
| 4 | | (ii) A notice of final determination of parking, | 5 | | standing,
compliance, automated speed enforcement | 6 | | system, or automated traffic law violation liability.
| 7 | | This notice shall be sent following a final | 8 | | determination of parking,
standing, compliance, | 9 | | automated speed enforcement system, or automated | 10 | | traffic law
violation liability and the conclusion of | 11 | | judicial review procedures taken
under this Section. | 12 | | The notice shall state that the incomplete traffic | 13 | | education program or the unpaid fine or
penalty, or | 14 | | both, is a debt due and owing the municipality or | 15 | | county. The notice shall contain
warnings that failure | 16 | | to complete any required traffic education program or | 17 | | to pay any fine or penalty due and owing the
| 18 | | municipality or county, or both, within the time | 19 | | specified may result in the municipality's
or county's | 20 | | filing of a petition in the Circuit Court to have the | 21 | | incomplete traffic education program or unpaid
fine or | 22 | | penalty, or both, rendered a judgment as provided by | 23 | | this Section, or may
result in suspension of the | 24 | | person's drivers license for failure to complete a | 25 | | traffic education program or to pay
fines or penalties, | 26 | | or both, for 10 or more parking violations under |
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| 1 | | Section 6-306.5, or a combination of 5 or more | 2 | | automated traffic law violations under Section | 3 | | 11-208.6 or 11-208.9 or automated speed enforcement | 4 | | system violations under Section 11-208.8.
| 5 | | (6) A notice of impending drivers license suspension. | 6 | | This
notice shall be sent to the person liable for failure | 7 | | to complete a required traffic education program or to pay | 8 | | any fine or penalty that
remains due and owing, or both, on | 9 | | 10 or more parking
violations or combination of 5 or more | 10 | | unpaid automated speed enforcement system or automated | 11 | | traffic law violations. The notice
shall state that failure | 12 | | to complete a required traffic education program or to pay | 13 | | the fine or penalty owing, or both, within 45 days of
the | 14 | | notice's date will result in the municipality or county | 15 | | notifying the Secretary
of State that the person is | 16 | | eligible for initiation of suspension
proceedings under | 17 | | Section 6-306.5 of this Code. The notice shall also state
| 18 | | that the person may obtain a photostatic copy of an | 19 | | original ticket imposing a
fine or penalty by sending a | 20 | | self addressed, stamped envelope to the
municipality or | 21 | | county along with a request for the photostatic copy.
The | 22 | | notice of impending
drivers license suspension shall be | 23 | | sent by first class United States mail,
postage prepaid, to | 24 | | the address recorded with the Secretary of State or, if any | 25 | | notice to that address is returned as undeliverable, to the | 26 | | last known address recorded in a United States Post Office |
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| 1 | | approved database.
| 2 | | (7) Final determinations of violation liability. A | 3 | | final
determination of violation liability shall occur | 4 | | following failure to complete the required traffic | 5 | | education program or
to pay the fine or penalty, or both, | 6 | | after a hearing officer's determination of violation | 7 | | liability and the exhaustion of or failure to exhaust any
| 8 | | administrative review procedures provided by ordinance. | 9 | | Where a person
fails to appear at a hearing to contest the | 10 | | alleged violation in the time
and manner specified in a | 11 | | prior mailed notice, the hearing officer's
determination | 12 | | of violation liability shall become final: (A) upon
denial | 13 | | of a timely petition to set aside that determination, or | 14 | | (B) upon
expiration of the period for filing the petition | 15 | | without a
filing having been made.
| 16 | | (8) A petition to set aside a determination of parking, | 17 | | standing,
compliance, automated speed enforcement system, | 18 | | or automated traffic law violation
liability that may be | 19 | | filed by a person owing an unpaid fine or penalty. A | 20 | | petition to set aside a determination of liability may also | 21 | | be filed by a person required to complete a traffic | 22 | | education program.
The petition shall be filed with and | 23 | | ruled upon by the traffic compliance
administrator in the | 24 | | manner and within the time specified by ordinance.
The | 25 | | grounds for the petition may be limited to: (A) the person | 26 | | not having
been the owner or lessee of the cited vehicle on |
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| 1 | | the date the
violation notice was issued, (B) the person | 2 | | having already completed the required traffic education | 3 | | program or paid the fine or
penalty, or both, for the | 4 | | violation in question, and (C) excusable failure to
appear | 5 | | at or
request a new date for a hearing.
With regard to | 6 | | municipalities or counties with a population of 1 million | 7 | | or more, it
shall be grounds for
dismissal of a
parking | 8 | | violation if the state registration number, or vehicle make | 9 | | if specified, is
incorrect. After the determination of
| 10 | | parking, standing, compliance, automated speed enforcement | 11 | | system, or automated traffic law violation liability has | 12 | | been set aside
upon a showing of just
cause, the registered | 13 | | owner shall be provided with a hearing on the merits
for | 14 | | that violation.
| 15 | | (9) Procedures for non-residents. Procedures by which | 16 | | persons who are
not residents of the municipality or county | 17 | | may contest the merits of the alleged
violation without | 18 | | attending a hearing.
| 19 | | (10) A schedule of civil fines for violations of | 20 | | vehicular standing,
parking, compliance, automated speed | 21 | | enforcement system, or automated traffic law regulations | 22 | | enacted by ordinance pursuant to this
Section, and a
| 23 | | schedule of penalties for late payment of the fines or | 24 | | failure to complete required traffic education programs, | 25 | | provided, however,
that the total amount of the fine and | 26 | | penalty for any one violation shall
not exceed $250, except |
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| 1 | | as provided in subsection (c) of Section 11-1301.3 of this | 2 | | Code.
| 3 | | (11) Other provisions as are necessary and proper to | 4 | | carry into
effect the powers granted and purposes stated in | 5 | | this Section.
| 6 | | (c) Any municipality or county establishing vehicular | 7 | | standing, parking,
compliance, automated speed enforcement | 8 | | system, or automated traffic law
regulations under this Section | 9 | | may also provide by ordinance for a
program of vehicle | 10 | | immobilization by the presence of a restraint in a manner to | 11 | | prevent operation of the vehicle for the purpose of | 12 | | facilitating
enforcement of those regulations. The program of | 13 | | vehicle
immobilization shall provide for : (i) immobilizing and | 14 | | subsequent towing of any eligible vehicle upon the
public way ; | 15 | | or (ii) immobilizing or immediate towing of any eligible | 16 | | vehicle in any garage or lot licensed by any local authority | 17 | | for parking by the public by presence of a restraint in a | 18 | | manner to prevent operation of
the vehicle . Any ordinance | 19 | | establishing a program of vehicle
immobilization under this | 20 | | Section shall provide:
| 21 | | (1) Criteria for the designation of vehicles eligible | 22 | | for
immobilization. A vehicle shall be eligible for | 23 | | immobilization when the
registered owner of the vehicle has | 24 | | accumulated the number of incomplete traffic education | 25 | | programs or unpaid final
determinations of parking, | 26 | | standing, compliance, automated speed enforcement system, |
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| 1 | | or automated traffic law violation liability, or both, as
| 2 | | determined by ordinance.
| 3 | | (2) A notice of impending vehicle immobilization and a | 4 | | right to a
hearing to challenge the validity of the notice | 5 | | by disproving liability
for the incomplete traffic | 6 | | education programs or unpaid final determinations of | 7 | | parking, standing, compliance, automated speed enforcement | 8 | | system, or automated traffic law
violation liability, or | 9 | | both, listed
on the notice.
| 10 | | (3) The right to a prompt hearing after a vehicle has | 11 | | been immobilized
or subsequently towed without the | 12 | | completion of the required traffic education program or | 13 | | payment of the outstanding fines and
penalties on parking, | 14 | | standing, compliance, automated speed enforcement system, | 15 | | or automated traffic law violations, or both, for which | 16 | | final
determinations have been
issued. An order issued | 17 | | after the hearing is a final administrative
decision within | 18 | | the meaning of Section 3-101 of the Code of Civil | 19 | | Procedure.
| 20 | | (4) A post immobilization and post-towing notice | 21 | | advising the registered
owner of the vehicle of the right | 22 | | to a hearing to challenge the validity
of the impoundment.
| 23 | | (d) Judicial review of final determinations of parking, | 24 | | standing,
compliance, automated speed enforcement system, or | 25 | | automated traffic law
violations and final administrative | 26 | | decisions issued after hearings
regarding vehicle |
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| 1 | | immobilization and impoundment made
under this Section shall be | 2 | | subject to the provisions of
the Administrative Review Law.
| 3 | | (e) Any fine, penalty, incomplete traffic education | 4 | | program, or part of any fine or any penalty remaining
unpaid | 5 | | after the exhaustion of, or the failure to exhaust, | 6 | | administrative
remedies created under this Section and the | 7 | | conclusion of any judicial
review procedures shall be a debt | 8 | | due and owing the municipality or county and, as
such, may be | 9 | | collected in accordance with applicable law. Completion of any | 10 | | required traffic education program and payment in full
of any | 11 | | fine or penalty resulting from a standing, parking,
compliance, | 12 | | automated speed enforcement system, or automated traffic law | 13 | | violation shall
constitute a final disposition of that | 14 | | 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, compliance, automated speed enforcement | 18 | | system, or automated traffic law
violation, the municipality
or | 19 | | county may commence a proceeding in the Circuit Court for | 20 | | purposes of obtaining a
judgment on the final determination of | 21 | | violation. Nothing in this
Section shall prevent a municipality | 22 | | or county from consolidating multiple final
determinations of | 23 | | parking, standing, compliance, automated speed enforcement | 24 | | system, or automated traffic law violations against a
person in | 25 | | a proceeding.
Upon commencement of the action, the municipality | 26 | | or county shall file a certified
copy or record of the final |
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| 1 | | determination of parking, standing, compliance, automated | 2 | | speed enforcement system, or automated traffic law
violation, | 3 | | which shall be
accompanied by a certification that recites | 4 | | facts sufficient to show that
the final determination of | 5 | | violation was
issued in accordance with this Section and the | 6 | | applicable municipal
or county ordinance. Service of the | 7 | | summons and a copy of the petition may be by
any method | 8 | | provided by Section 2-203 of the Code of Civil Procedure or by
| 9 | | certified mail, return receipt requested, provided that the | 10 | | total amount of
fines and penalties for final determinations of | 11 | | parking, standing,
compliance, automated speed enforcement | 12 | | system, or automated traffic law violations does not
exceed | 13 | | $2500. If the court is satisfied that the final determination | 14 | | of
parking, standing, compliance, automated speed enforcement | 15 | | system, or automated traffic law violation was entered in | 16 | | accordance with
the requirements of
this Section and the | 17 | | applicable municipal or county ordinance, and that the | 18 | | registered
owner or the lessee, as the case may be, had an | 19 | | opportunity for an
administrative hearing and for judicial | 20 | | review as provided in this Section,
the court shall render | 21 | | judgment in favor of the municipality or county and against
the | 22 | | registered owner or the lessee for the amount indicated in the | 23 | | final
determination of parking, standing, compliance, | 24 | | automated speed enforcement system, or automated traffic law | 25 | | violation, plus costs.
The judgment shall have
the same effect | 26 | | and may be enforced in the same manner as other judgments
for |
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| 1 | | the recovery of money.
| 2 | | (g) The fee for participating in a traffic education | 3 | | program under this Section shall not exceed $25. | 4 | | A low-income individual required to complete a traffic | 5 | | education program under this Section who provides proof of | 6 | | eligibility for the federal earned income tax credit under | 7 | | Section 32 of the Internal Revenue Code or the Illinois earned | 8 | | income tax credit under Section 212 of the Illinois Income Tax | 9 | | Act shall not be required to pay any fee for participating in a | 10 | | required traffic education program. | 11 | | (Source: P.A. 97-29, eff. 1-1-12; 97-333, eff. 8-12-11; 97-672, | 12 | | eff. 7-1-12; 98-556, eff. 1-1-14; 98-1028, eff. 8-22-14.)
| 13 | | Section 99. Effective date. This Act takes effect upon | 14 | | becoming law.".
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