Public Act 094-0294
 		





HB1597 Enrolled
LRB094 07702 DRH 37878 b






    AN ACT concerning transportation.

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


 
    Section 5. The Illinois Vehicle Code is amended  by changing 
Sections 6-306.5 and 11-208.3 as follows:
 



    (625 ILCS 5/6-306.5)  (from Ch. 95 1/2, par. 6-306.5)



    Sec. 6-306.5. Failure to pay fine or penalty for standing, 
parking, or
compliance violations; suspension of driving 
privileges.

    (a) Upon receipt of
a certified report,
as prescribed by 
subsection (c) of
this Section, from
any municipality stating 
that the owner of a registered vehicle has failed
to pay any 
fine or penalty due and owing as a result of 10 or more 
violations
of a
municipality's vehicular standing, parking, or 
compliance
regulations established by
ordinance pursuant to 
Section 11-208.3 of this Code, the Secretary of State
shall 
suspend the driving privileges of such person in accordance 
with the
procedures set forth in this Section.
The Secretary 
shall also suspend the driving privileges of an owner of a

registered vehicle upon receipt of a certified report, as 
prescribed by
subsection (f) of this Section, from any 
municipality stating that such
person has failed to satisfy any 
fines or penalties imposed by final judgments
for 10 or more 
violations of local standing, parking, or
compliance 
regulations after
exhaustion of judicial review procedures.

    (b) Following receipt of the certified report of the 
municipality as
specified in this Section, the Secretary of 
State shall notify the person
whose name appears on the 
certified report that
the person's
drivers license will be 
suspended at the end of a specified period of time
unless the 
Secretary of State is presented with a notice from the

municipality certifying that the fine or penalty due
and owing 
the municipality has been paid or that inclusion of that

person's name on the certified report was in error.  The 
Secretary's notice
shall state in substance the information

contained in the municipality's certified report to the 
Secretary, and
shall be effective as specified by subsection 
(c) of Section 6-211 of this
Code.

    (c) The report of the appropriate municipal official 
notifying the
Secretary of State of unpaid fines or penalties 
pursuant to this Section
shall be certified and shall contain 
the following:


        (1) The name, last known address as recorded with the 
    Secretary of State, as provided by the lessor of the cited 
    vehicle at the time of lease, or as recorded in a United 
    States Post Office approved database if any notice sent 
    under Section 11-208.3 of this Code is returned as 
    undeliverable, and drivers license number of the
person who 
    failed to pay the fine or
penalty and the registration 
    number of any vehicle known to be registered
to such person 
    in this State.


        (2) The name of the municipality making the report 
    pursuant to this
Section.


        (3) A statement that the municipality sent a notice of 
    impending
drivers license suspension as prescribed by 
    ordinance enacted
pursuant to Section 11-208.3, to the 
    person named in the report at the
address recorded with the 
    Secretary of State or at the last address known to the 
    lessor of the cited vehicle at the time of lease or, if any 
    notice sent under Section 11-208.3 of this Code is returned 
    as undeliverable, at the last known address recorded in a 
    United States Post Office approved database; the date on 
    which such
notice was sent; and the address to which such 
    notice was sent.
In a municipality with a population of 
    1,000,000 or more, the report shall
also include a 
    statement that the alleged violator's State vehicle 
    registration
number and vehicle make are correct as they 
    appear on the citations.

    (d) Any municipality making a certified report to the 
Secretary of State
pursuant to this Section
shall notify the 
Secretary of State, in a form prescribed by the
Secretary, 
whenever a person named in the certified report has paid the

previously reported fine or penalty or whenever the 
municipality determines
that the original report was in error.  
A certified copy of such
notification shall also be given upon 
request and at no additional charge
to the person named 
therein.  Upon receipt of the municipality's
notification or 
presentation of a certified copy of such notification, the

Secretary of State shall terminate the suspension.

    (e) Any municipality making a certified report to the 
Secretary of State
pursuant to this Section
shall also by 
ordinance establish procedures for persons to
challenge the 
accuracy of the certified report.  The ordinance shall also

state the grounds for such a challenge, which may be limited to 
(1) the
person not having been the owner or lessee of the 
vehicle or vehicles
receiving 10 or more standing, parking, or 
compliance
violation notices on the date or dates such notices 
were issued; and (2) the
person
having already paid the fine or 
penalty for the 10 or more violations
indicated on the 
certified report.

    (f) Any municipality, other than a municipality 
establishing vehicular
standing, parking, and compliance 
regulations pursuant to
Section 11-208.3, may also
cause a 
suspension of a person's drivers license pursuant to this 
Section.
Such municipality may invoke this sanction by making a 
certified report to
the Secretary of State upon a person's 
failure to satisfy any fine or
penalty imposed by final 
judgment for 10 or more violations of local
standing, parking, 
or compliance regulations after exhaustion
of judicial review

procedures, but only if:


        (1) the municipality complies with the provisions of 
    this Section in all
respects except in regard to enacting 
    an ordinance pursuant to Section
11-208.3;


        (2) the municipality has sent a notice of impending

    drivers license suspension as prescribed by an ordinance 
    enacted pursuant to
subsection (g) of this Section; and


        (3) in municipalities with a population of 1,000,000 or 
    more, the
municipality
has verified that the alleged 
    violator's State vehicle registration number and
vehicle 
    make are correct as they appear on the citations.

    (g) Any municipality, other than a municipality 
establishing
standing, parking, and compliance regulations 
pursuant to
Section 11-208.3, may provide by
ordinance for the 
sending of a notice of impending
drivers license suspension to 
the person who has failed to satisfy any fine
or penalty 
imposed by final judgment for 10 or more violations of local

standing, parking, or compliance regulations after exhaustion

of
judicial review
procedures.  An ordinance so providing shall 
specify that the notice
sent to the person liable for any fine 
or penalty
shall state that failure to pay the fine or
penalty 
owing within 45 days of the notice's date will result in the

municipality notifying the Secretary of State that
the person's 
drivers license is eligible for suspension pursuant to this

Section.
The notice of impending drivers license suspension

shall be sent by first class United States mail, postage 
prepaid, to the
address
recorded with the Secretary of State or 
at the last address known to the lessor of the cited vehicle at 
the time of lease or, if any notice sent under Section 11-208.3 
of this Code is returned as undeliverable, to the last known 
address recorded in a United States Post Office approved 
database.

    (h) An administrative hearing to contest an impending 
suspension or a
suspension made pursuant to this Section may be 
had upon filing a written
request with the Secretary of State.  
The filing fee for this hearing shall
be $20, to be paid at the 
time the request is made.
A municipality which files a 
certified report with the Secretary of
State pursuant to this 
Section shall reimburse the Secretary for all
reasonable costs 
incurred by the Secretary as a result of the filing of the

report, including but not limited to the costs of providing the 
notice
required pursuant to subsection (b) and the costs 
incurred by the Secretary
in any hearing conducted with respect 
to the report pursuant to this
subsection and any appeal from 
such a hearing.

    (i) The provisions of this Section shall apply on and after 
January 1, 1988.

    (j) For purposes of this Section, the term "compliance 
violation" is
defined as in Section 11-208.3.

(Source: P.A. 89-190, eff. 1-1-96; 90-145, eff. 1-1-98; 90-481, 
eff.
8-17-97.)

 



    (625 ILCS 5/11-208.3)  (from Ch. 95 1/2, par. 11-208.3)



    Sec. 11-208.3. Administrative adjudication of violations 
of traffic
regulations concerning the standing, parking, or 
condition of
vehicles.

    (a) Any municipality may provide by ordinance for a system 
of
administrative adjudication of vehicular standing and 
parking violations and
vehicle compliance violations as 
defined in this subsection.
The administrative system shall 
have as its purpose the fair and
efficient enforcement of 
municipal regulations through the
administrative adjudication 
of violations of municipal ordinances
regulating the standing 
and parking of vehicles, the condition and use of
vehicle 
equipment, and the display of municipal wheel tax licenses 
within the
municipality's
borders.  The administrative system 
shall only have authority to adjudicate
civil offenses carrying 
fines not in excess of $250 that occur after the
effective date 
of the ordinance adopting such a system under this Section.
For 
purposes of this Section, "compliance violation" means a 
violation of a
municipal regulation governing the condition or 
use of equipment on a vehicle
or governing the display of a 
municipal wheel tax license.

    (b) Any ordinance establishing a system of administrative 
adjudication
under this Section shall provide for:


        (1) A traffic compliance administrator authorized to

    adopt, distribute and
process parking and compliance 
    violation notices and other notices required
by this

    Section, collect money paid as fines and penalties for 
    violation of parking
and compliance
ordinances, and 
    operate an administrative adjudication system.  The traffic

    compliance
administrator also may make a certified report 
    to the Secretary of State
under Section 6-306.5.


        (2) A parking, standing, or compliance violation 
    notice
that
shall specify the date,
time, and place of 
    violation of a parking, standing, or compliance

    regulation; the particular regulation
violated; the fine 
    and any penalty that may be assessed for late payment,
when 
    so provided by ordinance; the vehicle make and state 
    registration
number; and the identification number of the

    person issuing the notice.
With regard to municipalities 
    with a population of 1 million or more, it
shall be grounds 
    for
dismissal of a parking
violation if the State 
    registration number or vehicle make specified is

    incorrect. The violation notice shall state that the 
    payment of the indicated
fine, and of any applicable 
    penalty for late payment, shall operate as a
final 
    disposition of the violation.  The notice also shall contain

    information as to the availability of a hearing in which 
    the violation may
be contested on its merits.  The violation 
    notice shall specify the
time and manner in which a hearing 
    may be had.


        (3) Service of the parking, standing, or compliance

    violation notice by affixing the
original or a facsimile of 
    the notice to an unlawfully parked vehicle or by
handing 
    the notice to the operator of a vehicle if he or she is

    present.  A person authorized by ordinance to issue and 
    serve parking,
standing, and compliance
violation notices 
    shall certify as to the correctness of the facts entered
on 
    the violation notice by signing his or her name to the 
    notice at
the time of service or in the case of a notice 
    produced by a computerized
device, by signing a single 
    certificate to be kept by the traffic
compliance

    administrator attesting to the correctness of all notices 
    produced by the
device while it was under his or her 
    control.  The original or a
facsimile of the violation 
    notice or, in the case of a notice produced by a

    computerized device, a printed record generated by the 
    device showing the facts
entered on the notice, shall be 
    retained by the
traffic compliance
administrator, and 
    shall be a record kept in the ordinary course of
business.  
    A parking, standing, or compliance violation notice 
    issued,
signed and served in
accordance with this Section, 
    a copy of the notice, or the computer
generated record 
    shall be prima facie
correct and shall be prima facie 
    evidence of the correctness of the facts
shown on the 
    notice.  The notice, copy, or computer generated
record 
    shall be admissible in any
subsequent administrative or 
    legal proceedings.


        (4) An opportunity for a hearing for the registered 
    owner of the
vehicle cited in the parking, standing, or 
    compliance violation notice in
which the owner may
contest 
    the merits of the alleged violation, and during which 
    formal or
technical rules of evidence shall not apply; 
    provided, however, that under
Section 11-1306 of this Code 
    the lessee of a vehicle cited in the
violation notice 
    likewise shall be provided an opportunity for a hearing of

    the same kind afforded the registered owner.  The hearings 
    shall be
recorded, and the person conducting the hearing on 
    behalf of the traffic
compliance
administrator shall be 
    empowered to administer oaths and to secure by
subpoena 
    both the attendance and testimony of witnesses and the 
    production
of relevant books and papers.  Persons appearing 
    at a hearing under this
Section may be represented by 
    counsel at their expense. The ordinance may
also provide 
    for internal administrative review following the decision 
    of
the hearing officer.


        (5) Service of additional notices, sent by first class 
    United States
mail, postage prepaid, to the address of the 
    registered owner of the cited
vehicle as recorded with the 
    Secretary of State or, if any notice to that address is 
    returned as undeliverable, to the last known address 
    recorded in a United States Post Office approved database,

    or, under Section 11-1306
of this Code, to the lessee of 
    the cited vehicle at the last address known
to the lessor 
    of the cited vehicle at the time of lease or, if any notice 
    to that address is returned as undeliverable, to the last 
    known address recorded in a United States Post Office 
    approved database.
 The service shall
be deemed complete as 
    of the date of deposit in the United States mail.
The 
    notices shall be in the following sequence and shall 
    include but not be
limited to the information specified 
    herein:


            (i) A second notice of violation.  This notice shall 
        specify the
date and location of the violation cited in 
        the parking,
standing,
or compliance violation
notice, 
        the particular regulation violated, the vehicle
make 
        and state registration number, the fine and any penalty 
        that may be
assessed for late payment when so provided 
        by ordinance, the availability
of a hearing in which 
        the violation may be contested on its merits, and the

        time and manner in which the hearing may be had.  The 
        notice of violation
shall also state that failure 
        either to pay the indicated fine and any
applicable 
        penalty, or to appear at a hearing on the merits in the 
        time and
manner specified, will result in a final 
        determination of violation
liability for the cited 
        violation in the amount of the fine or penalty

        indicated, and that, upon the occurrence of a final 
        determination of violation liability for the failure, 
        and the exhaustion of, or
failure to exhaust, available 
        administrative or judicial procedures for
review, any 
        unpaid fine or penalty will constitute a debt due and 
        owing
the municipality.


            (ii) A notice of final determination of parking, 
        standing, or
compliance violation liability.
This 
        notice shall be sent following a final determination of 
        parking,
standing, or compliance
violation liability 
        and the conclusion of judicial review procedures taken

        under this Section.  The notice shall state that the 
        unpaid fine or
penalty is a debt due and owing the 
        municipality.  The notice shall contain
warnings that 
        failure to pay any fine or penalty due and owing the

        municipality within the time specified may result in 
        the municipality's
filing of a petition in the Circuit 
        Court to have the unpaid
fine or penalty rendered a 
        judgment as provided by this Section, or may
result in 
        suspension of the person's drivers license for failure 
        to pay
fines or penalties for 10 or more parking 
        violations under Section 6-306.5.


        (6) A Notice of impending drivers license suspension.  
    This
notice shall be sent to the person liable for any fine 
    or penalty that
remains due and owing on 10 or more parking

    violations.  The notice
shall state that failure to pay the 
    fine or penalty owing within 45 days of
the notice's date 
    will result in the municipality notifying the Secretary
of 
    State that the person is eligible for initiation of 
    suspension
proceedings under Section 6-306.5 of this Code. 
    The notice shall also state
that the person may obtain a 
    photostatic copy of an original ticket imposing a
fine or 
    penalty by sending a self addressed, stamped envelope to 
    the
municipality along with a request for the photostatic 
    copy.
 The notice of impending
drivers license suspension 
    shall be sent by first class United States mail,
postage 
    prepaid, to the address recorded with the Secretary of 
    State or, if any notice to that address is returned as 
    undeliverable, to the last known address recorded in a 
    United States Post Office approved database.


        (7) Final determinations of violation liability.  A 
    final
determination of violation liability shall occur 
    following failure
to pay the fine or penalty after a 
    hearing officer's determination of violation liability and 
    the exhaustion of or failure to exhaust any
administrative 
    review procedures provided by ordinance.  Where a person

    fails to appear at a hearing to contest the alleged 
    violation in the time
and manner specified in a prior 
    mailed notice, the hearing officer's
determination of 
    violation liability shall become final:  (A) upon
denial of 
    a timely petition to set aside that determination, or (B) 
    upon
expiration of the period for filing the petition 
    without a
filing having been made.


        (8) A petition to set aside a determination of parking, 
    standing, or
compliance violation
liability that may be 
    filed by a person owing an unpaid fine or penalty.
The 
    petition shall be filed with and ruled upon by the traffic 
    compliance
administrator in the manner and within the time 
    specified by ordinance.
The grounds for the petition may be 
    limited to:  (A) the person not having
been the owner or 
    lessee of the cited vehicle on the date the
violation 
    notice was issued, (B) the person having already paid the 
    fine or
penalty for the violation in question, and (C) 
    excusable failure to
appear at or
request a new date for a 
    hearing.
With regard to municipalities with a population of 
    1 million or more, it
shall be grounds for
dismissal of a

    parking violation if the State registration number or 
    vehicle make specified is
incorrect. After the 
    determination of
parking, standing, or compliance 
    violation liability has been set aside
upon a showing of 
    just
cause, the registered owner shall be provided with a 
    hearing on the merits
for that violation.


        (9) Procedures for non-residents. Procedures by which 
    persons who are
not residents of the municipality may 
    contest the merits of the alleged
violation without 
    attending a hearing.


        (10) A schedule of civil fines for violations of 
    vehicular standing,
parking, and compliance regulations 
    enacted by ordinance pursuant to this
Section, and a

    schedule of penalties for late payment of the fines, 
    provided, however,
that the total amount of the fine and 
    penalty for any one violation shall
not exceed $250.


        (11) Other provisions as are necessary and proper to 
    carry into
effect the powers granted and purposes stated in 
    this Section.

    (c) Any municipality establishing vehicular standing, 
parking,
and compliance
regulations under this Section may also 
provide by ordinance for a
program of vehicle immobilization 
for the purpose of facilitating
enforcement of those 
regulations.  The program of vehicle
immobilization shall 
provide for immobilizing any eligible vehicle upon the
public 
way by presence of a restraint in a manner to prevent operation 
of
the vehicle.  Any ordinance establishing a program of vehicle

immobilization under this Section shall provide:


        (1) Criteria for the designation of vehicles eligible 
    for
immobilization.  A vehicle shall be eligible for 
    immobilization when the
registered owner of the vehicle has 
    accumulated the number of unpaid final
determinations of 
    parking, standing, or compliance violation liability as

    determined by ordinance.


        (2) A notice of impending vehicle immobilization and a 
    right to a
hearing to challenge the validity of the notice 
    by disproving liability
for the unpaid final 
    determinations of parking, standing, or compliance

    violation liability listed
on the notice.


        (3) The right to a prompt hearing after a vehicle has 
    been immobilized
or subsequently towed without payment of 
    the outstanding fines and
penalties on parking, standing, 
    or compliance violations for which final
determinations 
    have been
issued.  An order issued after the hearing is a 
    final administrative
decision within the meaning of 
    Section 3-101 of the Code of Civil Procedure.


        (4) A post immobilization and post-towing notice 
    advising the registered
owner of the vehicle of the right 
    to a hearing to challenge the validity
of the impoundment.

    (d) Judicial review of final determinations of parking, 
standing, and
compliance
violations and final administrative 
decisions issued after hearings
regarding vehicle 
immobilization and impoundment made
under this Section shall be 
subject to the provisions of
the Administrative Review Law.

    (e) Any fine, penalty, or part of any fine or any penalty 
remaining
unpaid after the exhaustion of, or the failure to 
exhaust,  administrative
remedies created under this Section 
and the conclusion of any judicial
review procedures shall be a 
debt due and owing the municipality and, as
such, may be 
collected in accordance with applicable law.  Payment in full
of 
any fine or penalty resulting from a standing, parking, or

compliance violation shall
constitute a final disposition of 
that violation.

    (f) After the expiration of the period within which 
judicial review may
be sought for a final determination of 
parking, standing, or compliance
violation, the municipality

may commence a proceeding in the Circuit Court for purposes of 
obtaining a
judgment on the final determination of violation.  
Nothing in this
Section shall prevent a municipality from 
consolidating multiple final
determinations of parking, 
standing, or compliance violation against a
person in a 
proceeding.
Upon commencement of the action, the municipality 
shall file a certified
copy or record of the final 
determination of parking, standing, or compliance
violation, 
which shall be
accompanied by a certification that recites 
facts sufficient to show that
the final determination of 
violation was
issued in accordance with this Section and the 
applicable municipal
ordinance.  Service of the summons and a 
copy of the petition may be by
any method provided by Section 
2-203 of the Code of Civil Procedure or by
certified mail, 
return receipt requested, provided that the total amount of

fines and penalties for final determinations of parking, 
standing, or
compliance violations does not
exceed $2500.  If 
the court is satisfied that the final determination of
parking, 
standing, or compliance violation was entered in accordance 
with
the requirements of
this Section and the applicable 
municipal ordinance, and that the registered
owner or the 
lessee, as the case may be, had an opportunity for an

administrative hearing and for judicial review as provided in 
this Section,
the court shall render judgment in favor of the 
municipality and against
the registered owner or the lessee for 
the amount indicated in the final
determination of parking, 
standing, or compliance violation, plus costs.
The judgment 
shall have
the same effect and may be enforced in the same 
manner as other judgments
for the recovery of money.

(Source: P.A. 92-695, eff. 1-1-03.)






Effective Date:  1/1/2006