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Public Act 92-0695
HB3713 Enrolled LRB9211104DHgc
AN ACT in relation to vehicles.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The State Finance Act is amended by adding
Section 5.570 as follows:
(30 ILCS 105/5.570 new)
Sec. 5.570. The Public Broadcasting Fund.
Section 10. The Illinois Vehicle Code is amended by
adding Section 3-654 and changing Section 11-208.3 as
follows:
(625 ILCS 5/3-654 new)
Sec. 3-654. Illinois Public Broadcasting System
Stations special license plates.
(a) The Secretary, upon receipt of all applicable fees
and applications made in the form prescribed by the
Secretary, may issue special registration plates designated
as Illinois Public Broadcasting System Stations special
license plates. The special plates issued under this
Section shall be affixed only to passenger vehicles of the
first division or motor vehicles of the second division
weighing not more than 8,000 pounds. Plates issued under
this Section shall expire according to the multi-year
procedure established by Section 3-414.1 of this Code.
(b) The design and color of the special plates shall be
wholly within the discretion of the Secretary. The
Secretary may, in his or her discretion, allow the plates to
be issued as vanity or personalized plates in accordance with
Section 3-405.1 of this Code. The plates are not required to
designate "Land of Lincoln", as prescribed in subsection (b)
of Section 3-412 of this Code. The Secretary, in his or her
discretion, shall approve and prescribe stickers or decals as
provided under Section 3-412.
(c) An applicant for the special plate shall be charged
a $40 fee for original issuance in addition to the
appropriate registration fee. Of this fee, $25 shall be
deposited into the Public Broadcasting Fund and $15 shall be
deposited into the Secretary of State Special License Plate
Fund, to be used by the Secretary to help defray the
administrative processing costs.
For each registration renewal period, a $27 fee, in
addition to the appropriate registration fee, shall be
charged. Of this fee, $25 shall be deposited into the Public
Broadcasting Fund and $2 shall be deposited into the
Secretary of State Special License Plate Fund.
(d) The Public Broadcasting Fund is created as a special
fund in the State treasury. Subject to appropriation by the
General Assembly and approval by the Secretary, the Secretary
shall pay all moneys in the Public Broadcasting Fund to the
various Public Broadcasting System stations in Illinois for
operating costs.
(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, or 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, or 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, 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. 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.
(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 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. 88-415; 88-437; 88-670, eff. 12-2-94; 89-190,
eff. 1-1-96.)
Passed in the General Assembly May 29, 2002.
Approved July 19, 2002.
Effective January 01, 2003.
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