HB1018 103RD GENERAL ASSEMBLY

  
  

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB1018

 

Introduced 1/12/2023, by Rep. Mary E. Flowers

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/11-208.3  from Ch. 95 1/2, par. 11-208.3

    Amends the Illinois Vehicle Code. Provides that any ordinance establishing a system of administrative adjudication shall provide for the service of notices (rather than "additional notices") to the address of the registered owner of the cited vehicle.


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A BILL FOR

 

HB1018LRB103 04879 HEP 49889 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by
5changing Section 11-208.3 as follows:
 
6    (625 ILCS 5/11-208.3)  (from Ch. 95 1/2, par. 11-208.3)
7    (Text of Section before amendment by P.A. 102-905)
8    Sec. 11-208.3. Administrative adjudication of violations
9of traffic regulations concerning the standing, parking, or
10condition of vehicles, automated traffic law violations, and
11automated speed enforcement system violations.
12    (a) Any municipality or county may provide by ordinance
13for a system of administrative adjudication of vehicular
14standing and parking violations and vehicle compliance
15violations as described in this subsection, automated traffic
16law violations as defined in Section 11-208.6, 11-208.9, or
1711-1201.1, and automated speed enforcement system violations
18as defined in Section 11-208.8. The administrative system
19shall have as its purpose the fair and efficient enforcement
20of municipal or county regulations through the administrative
21adjudication of automated speed enforcement system or
22automated traffic law violations and violations of municipal
23or county ordinances regulating the standing and parking of

 

 

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

 

 

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

 

 

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1    availability of a hearing in which the violation may be
2    contested on its merits. The violation notice shall
3    specify the time and manner in which a hearing may be had.
4        (3) Service of a parking, standing, or compliance
5    violation notice by: (i) affixing the original or a
6    facsimile of the notice to an unlawfully parked or
7    standing vehicle; (ii) handing the notice to the operator
8    of a vehicle if he or she is present; or (iii) mailing the
9    notice to the address of the registered owner or lessee of
10    the cited vehicle as recorded with the Secretary of State
11    or the lessor of the motor vehicle within 30 days after the
12    Secretary of State or the lessor of the motor vehicle
13    notifies the municipality or county of the identity of the
14    owner or lessee of the vehicle, but not later than 90 days
15    after the date of the violation, except that in the case of
16    a lessee of a motor vehicle, service of a parking,
17    standing, or compliance violation notice may occur no
18    later than 210 days after the violation; and service of an
19    automated speed enforcement system or automated traffic
20    law violation notice by mail to the address of the
21    registered owner or lessee of the cited vehicle as
22    recorded with the Secretary of State or the lessor of the
23    motor vehicle within 30 days after the Secretary of State
24    or the lessor of the motor vehicle notifies the
25    municipality or county of the identity of the owner or
26    lessee of the vehicle, but not later than 90 days after the

 

 

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1    violation, except that in the case of a lessee of a motor
2    vehicle, service of an automated traffic law violation
3    notice may occur no later than 210 days after the
4    violation. A person authorized by ordinance to issue and
5    serve parking, standing, and compliance violation notices
6    shall certify as to the correctness of the facts entered
7    on the violation notice by signing his or her name to the
8    notice at the time of service or, in the case of a notice
9    produced by a computerized device, by signing a single
10    certificate to be kept by the traffic compliance
11    administrator attesting to the correctness of all notices
12    produced by the device while it was under his or her
13    control. In the case of an automated traffic law
14    violation, the ordinance shall require a determination by
15    a technician employed or contracted by the municipality or
16    county that, based on inspection of recorded images, the
17    motor vehicle was being operated in violation of Section
18    11-208.6, 11-208.9, or 11-1201.1 or a local ordinance. If
19    the technician determines that the vehicle entered the
20    intersection as part of a funeral procession or in order
21    to yield the right-of-way to an emergency vehicle, a
22    citation shall not be issued. In municipalities with a
23    population of less than 1,000,000 inhabitants and counties
24    with a population of less than 3,000,000 inhabitants, the
25    automated traffic law ordinance shall require that all
26    determinations by a technician that a motor vehicle was

 

 

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1    being operated in violation of Section 11-208.6, 11-208.9,
2    or 11-1201.1 or a local ordinance must be reviewed and
3    approved by a law enforcement officer or retired law
4    enforcement officer of the municipality or county issuing
5    the violation. In municipalities with a population of
6    1,000,000 or more inhabitants and counties with a
7    population of 3,000,000 or more inhabitants, the automated
8    traffic law ordinance shall require that all
9    determinations by a technician that a motor vehicle was
10    being operated in violation of Section 11-208.6, 11-208.9,
11    or 11-1201.1 or a local ordinance must be reviewed and
12    approved by a law enforcement officer or retired law
13    enforcement officer of the municipality or county issuing
14    the violation or by an additional fully trained reviewing
15    technician who is not employed by the contractor who
16    employs the technician who made the initial determination.
17    In the case of an automated speed enforcement system
18    violation, the ordinance shall require a determination by
19    a technician employed by the municipality, based upon an
20    inspection of recorded images, video or other
21    documentation, including documentation of the speed limit
22    and automated speed enforcement signage, and documentation
23    of the inspection, calibration, and certification of the
24    speed equipment, that the vehicle was being operated in
25    violation of Article VI of Chapter 11 of this Code or a
26    similar local ordinance. If the technician determines that

 

 

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1    the vehicle speed was not determined by a calibrated,
2    certified speed equipment device based upon the speed
3    equipment documentation, or if the vehicle was an
4    emergency vehicle, a citation may not be issued. The
5    automated speed enforcement ordinance shall require that
6    all determinations by a technician that a violation
7    occurred be reviewed and approved by a law enforcement
8    officer or retired law enforcement officer of the
9    municipality issuing the violation or by an additional
10    fully trained reviewing technician who is not employed by
11    the contractor who employs the technician who made the
12    initial determination. Routine and independent calibration
13    of the speeds produced by automated speed enforcement
14    systems and equipment shall be conducted annually by a
15    qualified technician. Speeds produced by an automated
16    speed enforcement system shall be compared with speeds
17    produced by lidar or other independent equipment. Radar or
18    lidar equipment shall undergo an internal validation test
19    no less frequently than once each week. Qualified
20    technicians shall test loop-based equipment no less
21    frequently than once a year. Radar equipment shall be
22    checked for accuracy by a qualified technician when the
23    unit is serviced, when unusual or suspect readings
24    persist, or when deemed necessary by a reviewing
25    technician. Radar equipment shall be checked with the
26    internal frequency generator and the internal circuit test

 

 

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1    whenever the radar is turned on. Technicians must be alert
2    for any unusual or suspect readings, and if unusual or
3    suspect readings of a radar unit persist, that unit shall
4    immediately be removed from service and not returned to
5    service until it has been checked by a qualified
6    technician and determined to be functioning properly.
7    Documentation of the annual calibration results, including
8    the equipment tested, test date, technician performing the
9    test, and test results, shall be maintained and available
10    for use in the determination of an automated speed
11    enforcement system violation and issuance of a citation.
12    The technician performing the calibration and testing of
13    the automated speed enforcement equipment shall be trained
14    and certified in the use of equipment for speed
15    enforcement purposes. Training on the speed enforcement
16    equipment may be conducted by law enforcement, civilian,
17    or manufacturer's personnel and if applicable may be
18    equivalent to the equipment use and operations training
19    included in the Speed Measuring Device Operator Program
20    developed by the National Highway Traffic Safety
21    Administration (NHTSA). The vendor or technician who
22    performs the work shall keep accurate records on each
23    piece of equipment the technician calibrates and tests. As
24    used in this paragraph, "fully trained reviewing
25    technician" means a person who has received at least 40
26    hours of supervised training in subjects which shall

 

 

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1    include image inspection and interpretation, the elements
2    necessary to prove a violation, license plate
3    identification, and traffic safety and management. In all
4    municipalities and counties, the automated speed
5    enforcement system or automated traffic law ordinance
6    shall require that no additional fee shall be charged to
7    the alleged violator for exercising his or her right to an
8    administrative hearing, and persons shall be given at
9    least 25 days following an administrative hearing to pay
10    any civil penalty imposed by a finding that Section
11    11-208.6, 11-208.8, 11-208.9, or 11-1201.1 or a similar
12    local ordinance has been violated. The original or a
13    facsimile of the violation notice or, in the case of a
14    notice produced by a computerized device, a printed record
15    generated by the device showing the facts entered on the
16    notice, shall be retained by the traffic compliance
17    administrator, and shall be a record kept in the ordinary
18    course of business. A parking, standing, compliance,
19    automated speed enforcement system, or automated traffic
20    law violation notice issued, signed, and served in
21    accordance with this Section, a copy of the notice, or the
22    computer-generated record shall be prima facie correct and
23    shall be prima facie evidence of the correctness of the
24    facts shown on the notice. The notice, copy, or
25    computer-generated record shall be admissible in any
26    subsequent administrative or 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,
3    compliance, automated speed enforcement system, or
4    automated traffic law violation notice in which the owner
5    may contest the merits of the alleged violation, and
6    during which formal or technical rules of evidence shall
7    not apply; provided, however, that under Section 11-1306
8    of this Code the lessee of a vehicle cited in the violation
9    notice likewise shall be provided an opportunity for a
10    hearing of the same kind afforded the registered owner.
11    The hearings shall be recorded, and the person conducting
12    the hearing on behalf of the traffic compliance
13    administrator shall be empowered to administer oaths and
14    to secure by subpoena both the attendance and testimony of
15    witnesses and the production of relevant books and papers.
16    Persons appearing at a hearing under this Section may be
17    represented by counsel at their expense. The ordinance may
18    also provide for internal administrative review following
19    the decision of the hearing officer.
20        (5) Service of additional notices, sent by first class
21    United States mail, postage prepaid, to the address of the
22    registered owner of the cited vehicle as recorded with the
23    Secretary of State 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    or, under Section 11-1306 or subsection (p) of Section

 

 

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1    11-208.6 or 11-208.9, or subsection (p) of Section
2    11-208.8 of this Code, to the lessee of the cited vehicle
3    at the last address known to the lessor of the cited
4    vehicle at the time of lease or, if any notice to that
5    address is returned as undeliverable, to the last known
6    address recorded in a United States Post Office approved
7    database. The service shall be deemed complete as of the
8    date of deposit in the United States mail. The notices
9    shall be in the following sequence and shall include, but
10    not be limited to, the information specified herein:
11            (i) A second notice of parking, standing, or
12        compliance violation if the first notice of the
13        violation was issued by affixing the original or a
14        facsimile of the notice to the unlawfully parked
15        vehicle or by handing the notice to the operator. This
16        notice shall specify or include the date and location
17        of the violation cited in the parking, standing, or
18        compliance violation notice, the particular regulation
19        violated, the vehicle make or a photograph of the
20        vehicle, the state registration number of the vehicle,
21        any requirement to complete a traffic education
22        program, the fine and any penalty that may be assessed
23        for late payment or failure to complete a traffic
24        education program, or both, when so provided by
25        ordinance, the availability of a hearing in which the
26        violation may be contested on its merits, and the time

 

 

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1        and manner in which the hearing may be had. The notice
2        of violation shall also state that failure to complete
3        a required traffic education program, to pay the
4        indicated fine and any applicable penalty, or to
5        appear at a hearing on the merits in the time and
6        manner specified, will result in a final determination
7        of violation liability for the cited violation in the
8        amount of the fine or penalty indicated, and that,
9        upon the occurrence of a final determination of
10        violation liability for the failure, and the
11        exhaustion of, or failure to exhaust, available
12        administrative or judicial procedures for review, any
13        incomplete traffic education program or any unpaid
14        fine or penalty, or both, will constitute a debt due
15        and owing the municipality or county.
16            (ii) A notice of final determination of parking,
17        standing, compliance, automated speed enforcement
18        system, or automated traffic law violation liability.
19        This notice shall be sent following a final
20        determination of parking, standing, compliance,
21        automated speed enforcement system, or automated
22        traffic law violation liability and the conclusion of
23        judicial review procedures taken under this Section.
24        The notice shall state that the incomplete traffic
25        education program or the unpaid fine or penalty, or
26        both, is a debt due and owing the municipality or

 

 

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1        county. The notice shall contain warnings that failure
2        to complete any required traffic education program or
3        to pay any fine or penalty due and owing the
4        municipality or county, or both, within the time
5        specified may result in the municipality's or county's
6        filing of a petition in the Circuit Court to have the
7        incomplete traffic education program or unpaid fine or
8        penalty, or both, rendered a judgment as provided by
9        this Section, or, where applicable, may result in
10        suspension of the person's driver's license for
11        failure to complete a traffic education program.
12        (6) A notice of impending driver's license suspension.
13    This notice shall be sent to the person liable for failure
14    to complete a required traffic education program. The
15    notice shall state that failure to complete a required
16    traffic education program within 45 days of the notice's
17    date will result in the municipality or county notifying
18    the Secretary of State that the person is eligible for
19    initiation of suspension proceedings under Section 6-306.5
20    of this Code. The notice shall also state that the person
21    may obtain a photostatic copy of an original ticket
22    imposing a fine or penalty by sending a self-addressed,
23    stamped envelope to the municipality or county along with
24    a request for the photostatic copy. The notice of
25    impending driver's license suspension shall be sent by
26    first class United States mail, postage prepaid, to the

 

 

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1    address recorded with the Secretary of State or, if any
2    notice to that address is returned as undeliverable, to
3    the last known address recorded in a United States Post
4    Office approved database.
5        (7) Final determinations of violation liability. A
6    final determination of violation liability shall occur
7    following failure to complete the required traffic
8    education program or to pay the fine or penalty, or both,
9    after a hearing officer's determination of violation
10    liability and the exhaustion of or failure to exhaust any
11    administrative review procedures provided by ordinance.
12    Where a person fails to appear at a hearing to contest the
13    alleged violation in the time and manner specified in a
14    prior mailed notice, the hearing officer's determination
15    of violation liability shall become final: (A) upon denial
16    of a timely petition to set aside that determination, or
17    (B) upon expiration of the period for filing the petition
18    without a filing having been made.
19        (8) A petition to set aside a determination of
20    parking, standing, compliance, automated speed enforcement
21    system, or automated traffic law violation liability that
22    may be filed by a person owing an unpaid fine or penalty. A
23    petition to set aside a determination of liability may
24    also be filed by a person required to complete a traffic
25    education program. The petition shall be filed with and
26    ruled upon by the traffic compliance administrator in the

 

 

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1    manner and within the time specified by ordinance. The
2    grounds for the petition may be limited to: (A) the person
3    not having been the owner or lessee of the cited vehicle on
4    the date the violation notice was issued, (B) the person
5    having already completed the required traffic education
6    program or paid the fine or penalty, or both, for the
7    violation in question, and (C) excusable failure to appear
8    at or request a new date for a hearing. With regard to
9    municipalities or counties with a population of 1 million
10    or more, it shall be grounds for dismissal of a parking
11    violation if the state registration number or vehicle
12    make, only if specified in the violation notice, is
13    incorrect. After the determination of parking, standing,
14    compliance, automated speed enforcement system, or
15    automated traffic law violation liability has been set
16    aside upon a showing of just cause, the registered owner
17    shall be provided with a hearing on the merits for that
18    violation.
19        (9) Procedures for non-residents. Procedures by which
20    persons who are not residents of the municipality or
21    county may contest the merits of the alleged violation
22    without attending a hearing.
23        (10) A schedule of civil fines for violations of
24    vehicular standing, parking, compliance, automated speed
25    enforcement system, or automated traffic law regulations
26    enacted by ordinance pursuant to this Section, and a

 

 

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1    schedule of penalties for late payment of the fines or
2    failure to complete required traffic education programs,
3    provided, however, that the total amount of the fine and
4    penalty for any one violation shall not exceed $250,
5    except as provided in subsection (c) of Section 11-1301.3
6    of this Code.
7        (11) Other provisions as are necessary and proper to
8    carry into effect the powers granted and purposes stated
9    in this Section.
10    (c) Any municipality or county establishing vehicular
11standing, parking, compliance, automated speed enforcement
12system, or automated traffic law regulations under this
13Section may also provide by ordinance for a program of vehicle
14immobilization for the purpose of facilitating enforcement of
15those regulations. The program of vehicle immobilization shall
16provide for immobilizing any eligible vehicle upon the public
17way by presence of a restraint in a manner to prevent operation
18of the vehicle. Any ordinance establishing a program of
19vehicle immobilization under this Section shall provide:
20        (1) Criteria for the designation of vehicles eligible
21    for immobilization. A vehicle shall be eligible for
22    immobilization when the registered owner of the vehicle
23    has accumulated the number of incomplete traffic education
24    programs or unpaid final determinations of parking,
25    standing, compliance, automated speed enforcement system,
26    or automated traffic law violation liability, or both, as

 

 

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1    determined by ordinance.
2        (2) A notice of impending vehicle immobilization and a
3    right to a hearing to challenge the validity of the notice
4    by disproving liability for the incomplete traffic
5    education programs or unpaid final determinations of
6    parking, standing, compliance, automated speed enforcement
7    system, or automated traffic law violation liability, or
8    both, listed on the notice.
9        (3) The right to a prompt hearing after a vehicle has
10    been immobilized or subsequently towed without the
11    completion of the required traffic education program or
12    payment of the outstanding fines and penalties on parking,
13    standing, compliance, automated speed enforcement system,
14    or automated traffic law violations, or both, for which
15    final determinations have been issued. An order issued
16    after the hearing is a final administrative decision
17    within the meaning of Section 3-101 of the Code of Civil
18    Procedure.
19        (4) A post immobilization and post-towing notice
20    advising the registered owner of the vehicle of the right
21    to a hearing to challenge the validity of the impoundment.
22    (d) Judicial review of final determinations of parking,
23standing, compliance, automated speed enforcement system, or
24automated traffic law violations and final administrative
25decisions issued after hearings regarding vehicle
26immobilization and impoundment made under this Section shall

 

 

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1be subject to the provisions of the Administrative Review Law.
2    (e) Any fine, penalty, incomplete traffic education
3program, or part of any fine or any penalty remaining unpaid
4after the exhaustion of, or the failure to exhaust,
5administrative remedies created under this Section and the
6conclusion of any judicial review procedures shall be a debt
7due and owing the municipality or county and, as such, may be
8collected in accordance with applicable law. Completion of any
9required traffic education program and payment in full of any
10fine or penalty resulting from a standing, parking,
11compliance, automated speed enforcement system, or automated
12traffic law violation shall constitute a final disposition of
13that violation.
14    (f) After the expiration of the period within which
15judicial review may be sought for a final determination of
16parking, standing, compliance, automated speed enforcement
17system, or automated traffic law violation, the municipality
18or county may commence a proceeding in the Circuit Court for
19purposes of obtaining a judgment on the final determination of
20violation. Nothing in this Section shall prevent a
21municipality or county from consolidating multiple final
22determinations of parking, standing, compliance, automated
23speed enforcement system, or automated traffic law violations
24against a person in a proceeding. Upon commencement of the
25action, the municipality or county shall file a certified copy
26or record of the final determination of parking, standing,

 

 

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

 

 

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1    (g) The fee for participating in a traffic education
2program under this Section shall not exceed $25.
3    A low-income individual required to complete a traffic
4education program under this Section who provides proof of
5eligibility for the federal earned income tax credit under
6Section 32 of the Internal Revenue Code or the Illinois earned
7income tax credit under Section 212 of the Illinois Income Tax
8Act shall not be required to pay any fee for participating in a
9required traffic education program.
10(Source: P.A. 101-32, eff. 6-28-19; 101-623, eff. 7-1-20;
11101-652, eff. 7-1-21; 102-558, eff. 8-20-21.)
 
12    (Text of Section after amendment by P.A. 102-905)
13    Sec. 11-208.3. Administrative adjudication of violations
14of traffic regulations concerning the standing, parking, or
15condition of vehicles, automated traffic law violations, and
16automated speed enforcement system violations.
17    (a) Any municipality or county may provide by ordinance
18for a system of administrative adjudication of vehicular
19standing and parking violations and vehicle compliance
20violations as described in this subsection, automated traffic
21law violations as defined in Section 11-208.6, 11-208.9, or
2211-1201.1, and automated speed enforcement system violations
23as defined in Section 11-208.8. The administrative system
24shall have as its purpose the fair and efficient enforcement
25of municipal or county regulations through the administrative

 

 

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

 

 

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

 

 

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1    a required traffic education program, or both, shall
2    operate as a final disposition of the violation. The
3    notice also shall contain information as to the
4    availability of a hearing in which the violation may be
5    contested on its merits. The violation notice shall
6    specify the time and manner in which a hearing may be had.
7        (3) Service of a parking, standing, or compliance
8    violation notice by: (i) affixing the original or a
9    facsimile of the notice to an unlawfully parked or
10    standing vehicle; (ii) handing the notice to the operator
11    of a vehicle if he or she is present; or (iii) mailing the
12    notice to the address of the registered owner or lessee of
13    the cited vehicle as recorded with the Secretary of State
14    or the lessor of the motor vehicle within 30 days after the
15    Secretary of State or the lessor of the motor vehicle
16    notifies the municipality or county of the identity of the
17    owner or lessee of the vehicle, but not later than 90 days
18    after the date of the violation, except that in the case of
19    a lessee of a motor vehicle, service of a parking,
20    standing, or compliance violation notice may occur no
21    later than 210 days after the violation; and service of an
22    automated speed enforcement system or automated traffic
23    law violation notice by mail to the address of the
24    registered owner or lessee of the cited vehicle as
25    recorded with the Secretary of State or the lessor of the
26    motor vehicle within 30 days after the Secretary of State

 

 

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1    or the lessor of the motor vehicle notifies the
2    municipality or county of the identity of the owner or
3    lessee of the vehicle, but not later than 90 days after the
4    violation, except that in the case of a lessee of a motor
5    vehicle, service of an automated traffic law violation
6    notice may occur no later than 210 days after the
7    violation. A person authorized by ordinance to issue and
8    serve parking, standing, and compliance violation notices
9    shall certify as to the correctness of the facts entered
10    on the violation notice by signing his or her name to the
11    notice at the time of service or, in the case of a notice
12    produced by a computerized device, by signing a single
13    certificate to be kept by the traffic compliance
14    administrator attesting to the correctness of all notices
15    produced by the device while it was under his or her
16    control. In the case of an automated traffic law
17    violation, the ordinance shall require a determination by
18    a technician employed or contracted by the municipality or
19    county that, based on inspection of recorded images, the
20    motor vehicle was being operated in violation of Section
21    11-208.6, 11-208.9, or 11-1201.1 or a local ordinance. If
22    the technician determines that the vehicle entered the
23    intersection as part of a funeral procession or in order
24    to yield the right-of-way to an emergency vehicle, a
25    citation shall not be issued. In municipalities with a
26    population of less than 1,000,000 inhabitants and counties

 

 

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1    with a population of less than 3,000,000 inhabitants, the
2    automated 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. In municipalities with a population of
9    1,000,000 or more inhabitants and counties with a
10    population of 3,000,000 or more inhabitants, the automated
11    traffic law ordinance shall require that all
12    determinations by a technician that a motor vehicle was
13    being operated in violation of Section 11-208.6, 11-208.9,
14    or 11-1201.1 or a local ordinance must be reviewed and
15    approved by a law enforcement officer or retired law
16    enforcement officer of the municipality or county issuing
17    the violation or by an additional fully trained reviewing
18    technician who is not employed by the contractor who
19    employs the technician who made the initial determination.
20    In the case of an automated speed enforcement system
21    violation, the ordinance shall require a determination by
22    a technician employed by the municipality, based upon an
23    inspection of recorded images, video or other
24    documentation, including documentation of the speed limit
25    and automated speed enforcement signage, and documentation
26    of the inspection, calibration, and certification of the

 

 

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1    speed equipment, that the vehicle was being operated in
2    violation of Article VI of Chapter 11 of this Code or a
3    similar local ordinance. If the technician determines that
4    the vehicle speed was not determined by a calibrated,
5    certified speed equipment device based upon the speed
6    equipment documentation, or if the vehicle was an
7    emergency vehicle, a citation may not be issued. The
8    automated speed enforcement ordinance shall require that
9    all determinations by a technician that a violation
10    occurred be reviewed and approved by a law enforcement
11    officer or retired law enforcement officer of the
12    municipality issuing the violation or by an additional
13    fully trained reviewing technician who is not employed by
14    the contractor who employs the technician who made the
15    initial determination. Routine and independent calibration
16    of the speeds produced by automated speed enforcement
17    systems and equipment shall be conducted annually by a
18    qualified technician. Speeds produced by an automated
19    speed enforcement system shall be compared with speeds
20    produced by lidar or other independent equipment. Radar or
21    lidar equipment shall undergo an internal validation test
22    no less frequently than once each week. Qualified
23    technicians shall test loop-based equipment no less
24    frequently than once a year. Radar equipment shall be
25    checked for accuracy by a qualified technician when the
26    unit is serviced, when unusual or suspect readings

 

 

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1    persist, or when deemed necessary by a reviewing
2    technician. Radar equipment shall be checked with the
3    internal frequency generator and the internal circuit test
4    whenever the radar is turned on. Technicians must be alert
5    for any unusual or suspect readings, and if unusual or
6    suspect readings of a radar unit persist, that unit shall
7    immediately be removed from service and not returned to
8    service until it has been checked by a qualified
9    technician and determined to be functioning properly.
10    Documentation of the annual calibration results, including
11    the equipment tested, test date, technician performing the
12    test, and test results, shall be maintained and available
13    for use in the determination of an automated speed
14    enforcement system violation and issuance of a citation.
15    The technician performing the calibration and testing of
16    the automated speed enforcement equipment shall be trained
17    and certified in the use of equipment for speed
18    enforcement purposes. Training on the speed enforcement
19    equipment may be conducted by law enforcement, civilian,
20    or manufacturer's personnel and if applicable may be
21    equivalent to the equipment use and operations training
22    included in the Speed Measuring Device Operator Program
23    developed by the National Highway Traffic Safety
24    Administration (NHTSA). The vendor or technician who
25    performs the work shall keep accurate records on each
26    piece of equipment the technician calibrates and tests. As

 

 

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1    used in this paragraph, "fully trained reviewing
2    technician" means a person who has received at least 40
3    hours of supervised training in subjects which shall
4    include image inspection and interpretation, the elements
5    necessary to prove a violation, license plate
6    identification, and traffic safety and management. In all
7    municipalities and counties, the automated speed
8    enforcement system or automated traffic law ordinance
9    shall require that no additional fee shall be charged to
10    the alleged violator for exercising his or her right to an
11    administrative hearing, and persons shall be given at
12    least 25 days following an administrative hearing to pay
13    any civil penalty imposed by a finding that Section
14    11-208.6, 11-208.8, 11-208.9, or 11-1201.1 or a similar
15    local ordinance has been violated. The original or a
16    facsimile of the violation notice or, in the case of a
17    notice produced by a computerized device, a printed record
18    generated by the device showing the facts entered on the
19    notice, shall be retained by the traffic compliance
20    administrator, and shall be a record kept in the ordinary
21    course of business. A parking, standing, compliance,
22    automated speed enforcement system, or automated traffic
23    law violation notice issued, signed, and served in
24    accordance with this Section, a copy of the notice, or the
25    computer-generated record shall be prima facie correct and
26    shall be prima facie evidence of the correctness of the

 

 

HB1018- 29 -LRB103 04879 HEP 49889 b

1    facts shown on the notice. The notice, copy, or
2    computer-generated record shall be admissible in any
3    subsequent administrative or legal proceedings.
4        (4) An opportunity for a hearing for the registered
5    owner of the vehicle cited in the parking, standing,
6    compliance, automated speed enforcement system, or
7    automated traffic law violation notice in which the owner
8    may contest the merits of the alleged violation, and
9    during which formal or technical rules of evidence shall
10    not apply; provided, however, that under Section 11-1306
11    of this Code the lessee of a vehicle cited in the violation
12    notice likewise shall be provided an opportunity for a
13    hearing of the same kind afforded the registered owner.
14    The hearings shall be recorded, and the person conducting
15    the hearing on behalf of the traffic compliance
16    administrator shall be empowered to administer oaths and
17    to secure by subpoena both the attendance and testimony of
18    witnesses and the production of relevant books and papers.
19    Persons appearing at a hearing under this Section may be
20    represented by counsel at their expense. The ordinance may
21    also provide for internal administrative review following
22    the decision of the hearing officer.
23        (5) Service of additional notices, sent by first class
24    United States mail, postage prepaid, to the address of the
25    registered owner of the cited vehicle as recorded with the
26    Secretary of State or, if any notice to that address is

 

 

HB1018- 30 -LRB103 04879 HEP 49889 b

1    returned as undeliverable, to the last known address
2    recorded in a United States Post Office approved database,
3    or, under Section 11-1306 or subsection (p) of Section
4    11-208.6 or 11-208.9, or subsection (p) of Section
5    11-208.8 of this Code, to the lessee of the cited vehicle
6    at the last address known to the lessor of the cited
7    vehicle at the time of lease or, if any notice to that
8    address is returned as undeliverable, to the last known
9    address recorded in a United States Post Office approved
10    database. The service shall be deemed complete as of the
11    date of deposit in the United States mail. The notices
12    shall be in the following sequence and shall include, but
13    not be limited to, the information specified herein:
14            (i) A second notice of parking, standing, or
15        compliance violation if the first notice of the
16        violation was issued by affixing the original or a
17        facsimile of the notice to the unlawfully parked
18        vehicle or by handing the notice to the operator. This
19        notice shall specify or include the date and location
20        of the violation cited in the parking, standing, or
21        compliance violation notice, the particular regulation
22        violated, the vehicle make or a photograph of the
23        vehicle, the state registration number of the vehicle,
24        any requirement to complete a traffic education
25        program, the fine and any penalty that may be assessed
26        for late payment or failure to complete a traffic

 

 

HB1018- 31 -LRB103 04879 HEP 49889 b

1        education program, or both, when so provided by
2        ordinance, the availability of a hearing in which the
3        violation may be contested on its merits, and the time
4        and manner in which the hearing may be had. The notice
5        of violation shall also state that failure to complete
6        a required traffic education program, to pay the
7        indicated fine and any applicable penalty, or to
8        appear at a hearing on the merits in the time and
9        manner specified, will result in a final determination
10        of violation liability for the cited violation in the
11        amount of the fine or penalty indicated, and that,
12        upon the occurrence of a final determination of
13        violation liability for the failure, and the
14        exhaustion of, or failure to exhaust, available
15        administrative or judicial procedures for review, any
16        incomplete traffic education program or any unpaid
17        fine or penalty, or both, will constitute a debt due
18        and owing the municipality or county.
19            (ii) A notice of final determination of parking,
20        standing, compliance, automated speed enforcement
21        system, or automated traffic law violation liability.
22        This notice shall be sent following a final
23        determination of parking, standing, compliance,
24        automated speed enforcement system, or automated
25        traffic law violation liability and the conclusion of
26        judicial review procedures taken under this Section.

 

 

HB1018- 32 -LRB103 04879 HEP 49889 b

1        The notice shall state that the incomplete traffic
2        education program or the unpaid fine or penalty, or
3        both, is a debt due and owing the municipality or
4        county. The notice shall contain warnings that failure
5        to complete any required traffic education program or
6        to pay any fine or penalty due and owing the
7        municipality or county, or both, within the time
8        specified may result in the municipality's or county's
9        filing of a petition in the Circuit Court to have the
10        incomplete traffic education program or unpaid fine or
11        penalty, or both, rendered a judgment as provided by
12        this Section, or, where applicable, may result in
13        suspension of the person's driver's license for
14        failure to complete a traffic education program.
15        (6) A notice of impending driver's license suspension.
16    This notice shall be sent to the person liable for failure
17    to complete a required traffic education program. The
18    notice shall state that failure to complete a required
19    traffic education program within 45 days of the notice's
20    date will result in the municipality or county notifying
21    the Secretary of State that the person is eligible for
22    initiation of suspension proceedings under Section 6-306.5
23    of this Code. The notice shall also state that the person
24    may obtain a photostatic copy of an original ticket
25    imposing a fine or penalty by sending a self-addressed,
26    stamped envelope to the municipality or county along with

 

 

HB1018- 33 -LRB103 04879 HEP 49889 b

1    a request for the photostatic copy. The notice of
2    impending driver's license suspension shall be sent by
3    first class United States mail, postage prepaid, to the
4    address recorded with the Secretary of State or, if any
5    notice to that address is returned as undeliverable, to
6    the last known address recorded in a United States Post
7    Office approved database.
8        (7) Final determinations of violation liability. A
9    final determination of violation liability shall occur
10    following failure to complete the required traffic
11    education program or to pay the fine or penalty, or both,
12    after a hearing officer's determination of violation
13    liability and the exhaustion of or failure to exhaust any
14    administrative review procedures provided by ordinance.
15    Where a person fails to appear at a hearing to contest the
16    alleged violation in the time and manner specified in a
17    prior mailed notice, the hearing officer's determination
18    of violation liability shall become final: (A) upon denial
19    of a timely petition to set aside that determination, or
20    (B) upon expiration of the period for filing the petition
21    without a filing having been made.
22        (8) A petition to set aside a determination of
23    parking, standing, compliance, automated speed enforcement
24    system, or automated traffic law violation liability that
25    may be filed by a person owing an unpaid fine or penalty. A
26    petition to set aside a determination of liability may

 

 

HB1018- 34 -LRB103 04879 HEP 49889 b

1    also be filed by a person required to complete a traffic
2    education program. The petition shall be filed with and
3    ruled upon by the traffic compliance administrator in the
4    manner and within the time specified by ordinance. The
5    grounds for the petition may be limited to: (A) the person
6    not having been the owner or lessee of the cited vehicle on
7    the date the violation notice was issued, (B) the person
8    having already completed the required traffic education
9    program or paid the fine or penalty, or both, for the
10    violation in question, and (C) excusable failure to appear
11    at or request a new date for a hearing. With regard to
12    municipalities or counties with a population of 1 million
13    or more, it shall be grounds for dismissal of a parking
14    violation if the state registration number or vehicle
15    make, only if specified in the violation notice, is
16    incorrect. After the determination of parking, standing,
17    compliance, automated speed enforcement system, or
18    automated traffic law violation liability has been set
19    aside upon a showing of just cause, the registered owner
20    shall be provided with a hearing on the merits for that
21    violation.
22        (9) Procedures for non-residents. Procedures by which
23    persons who are not residents of the municipality or
24    county may contest the merits of the alleged violation
25    without attending a hearing.
26        (10) A schedule of civil fines for violations of

 

 

HB1018- 35 -LRB103 04879 HEP 49889 b

1    vehicular standing, parking, compliance, automated speed
2    enforcement system, or automated traffic law regulations
3    enacted by ordinance pursuant to this Section, and a
4    schedule of penalties for late payment of the fines or
5    failure to complete required traffic education programs,
6    provided, however, that the total amount of the fine and
7    penalty for any one violation shall not exceed $250,
8    except as provided in subsection (c) of Section 11-1301.3
9    of this Code.
10        (11) Other provisions as are necessary and proper to
11    carry into effect the powers granted and purposes stated
12    in this Section.
13    (c) Any municipality or county establishing vehicular
14standing, parking, compliance, automated speed enforcement
15system, or automated traffic law regulations under this
16Section may also provide by ordinance for a program of vehicle
17immobilization for the purpose of facilitating enforcement of
18those regulations. The program of vehicle immobilization shall
19provide for immobilizing any eligible vehicle upon the public
20way by presence of a restraint in a manner to prevent operation
21of the vehicle. Any ordinance establishing a program of
22vehicle immobilization under this Section shall provide:
23        (1) Criteria for the designation of vehicles eligible
24    for immobilization. A vehicle shall be eligible for
25    immobilization when the registered owner of the vehicle
26    has accumulated the number of incomplete traffic education

 

 

HB1018- 36 -LRB103 04879 HEP 49889 b

1    programs or unpaid final determinations of parking,
2    standing, compliance, automated speed enforcement system,
3    or automated traffic law violation liability, or both, as
4    determined by ordinance.
5        (2) A notice of impending vehicle immobilization and a
6    right to a hearing to challenge the validity of the notice
7    by disproving liability for the incomplete traffic
8    education programs or unpaid final determinations of
9    parking, standing, compliance, automated speed enforcement
10    system, or automated traffic law violation liability, or
11    both, listed on the notice.
12        (3) The right to a prompt hearing after a vehicle has
13    been immobilized or subsequently towed without the
14    completion of the required traffic education program or
15    payment of the outstanding fines and penalties on parking,
16    standing, compliance, automated speed enforcement system,
17    or automated traffic law violations, or both, for which
18    final determinations have been issued. An order issued
19    after the hearing is a final administrative decision
20    within the meaning of Section 3-101 of the Code of Civil
21    Procedure.
22        (4) A post immobilization and post-towing notice
23    advising the registered owner of the vehicle of the right
24    to a hearing to challenge the validity of the impoundment.
25    (d) Judicial review of final determinations of parking,
26standing, compliance, automated speed enforcement system, or

 

 

HB1018- 37 -LRB103 04879 HEP 49889 b

1automated traffic law violations and final administrative
2decisions issued after hearings regarding vehicle
3immobilization and impoundment made under this Section shall
4be subject to the provisions of the Administrative Review Law.
5    (e) Any fine, penalty, incomplete traffic education
6program, or part of any fine or any penalty remaining unpaid
7after the exhaustion of, or the failure to exhaust,
8administrative remedies created under this Section and the
9conclusion of any judicial review procedures shall be a debt
10due and owing the municipality or county and, as such, may be
11collected in accordance with applicable law. Completion of any
12required traffic education program and payment in full of any
13fine or penalty resulting from a standing, parking,
14compliance, automated speed enforcement system, or automated
15traffic law violation shall constitute a final disposition of
16that violation.
17    (f) After the expiration of the period within which
18judicial review may be sought for a final determination of
19parking, standing, compliance, automated speed enforcement
20system, or automated traffic law violation, the municipality
21or county may commence a proceeding in the Circuit Court for
22purposes of obtaining a judgment on the final determination of
23violation. Nothing in this Section shall prevent a
24municipality or county from consolidating multiple final
25determinations of parking, standing, compliance, automated
26speed enforcement system, or automated traffic law violations

 

 

HB1018- 38 -LRB103 04879 HEP 49889 b

1against a person in a proceeding. Upon commencement of the
2action, the municipality or county shall file a certified copy
3or record of the final determination of parking, standing,
4compliance, automated speed enforcement system, or automated
5traffic law violation, which shall be accompanied by a
6certification that recites facts sufficient to show that the
7final determination of violation was issued in accordance with
8this Section and the applicable municipal or county ordinance.
9Service of the summons and a copy of the petition may be by any
10method provided by Section 2-203 of the Code of Civil
11Procedure or by certified mail, return receipt requested,
12provided that the total amount of fines and penalties for
13final determinations of parking, standing, compliance,
14automated speed enforcement system, or automated traffic law
15violations does not exceed $2500. If the court is satisfied
16that the final determination of parking, standing, compliance,
17automated speed enforcement system, or automated traffic law
18violation was entered in accordance with the requirements of
19this Section and the applicable municipal or county ordinance,
20and that the registered owner or the lessee, as the case may
21be, had an opportunity for an administrative hearing and for
22judicial review as provided in this Section, the court shall
23render judgment in favor of the municipality or county and
24against the registered owner or the lessee for the amount
25indicated in the final determination of parking, standing,
26compliance, automated speed enforcement system, or automated

 

 

HB1018- 39 -LRB103 04879 HEP 49889 b

1traffic law violation, plus costs. The judgment shall have the
2same effect and may be enforced in the same manner as other
3judgments for the recovery of money.
4    (g) The fee for participating in a traffic education
5program under this Section shall not exceed $25.
6    A low-income individual required to complete a traffic
7education program under this Section who provides proof of
8eligibility for the federal earned income tax credit under
9Section 32 of the Internal Revenue Code or the Illinois earned
10income tax credit under Section 212 of the Illinois Income Tax
11Act shall not be required to pay any fee for participating in a
12required traffic education program.
13    (h) Notwithstanding any other provision of law to the
14contrary, a person shall not be liable for violations, fees,
15fines, or penalties under this Section during the period in
16which the motor vehicle was stolen or hijacked, as indicated
17in a report to the appropriate law enforcement agency filed in
18a timely manner.
19(Source: P.A. 101-32, eff. 6-28-19; 101-623, eff. 7-1-20;
20101-652, eff. 7-1-21; 102-558, eff. 8-20-21; 102-905, eff.
211-1-23.)
 
22    Section 95. No acceleration or delay. Where this Act makes
23changes in a statute that is represented in this Act by text
24that is not yet or no longer in effect (for example, a Section
25represented by multiple versions), the use of that text does

 

 

HB1018- 40 -LRB103 04879 HEP 49889 b

1not accelerate or delay the taking effect of (i) the changes
2made by this Act or (ii) provisions derived from any other
3Public Act.