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92nd General Assembly

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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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