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| Public Act 094-0294 |
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by changing | ||||
Sections 6-306.5 and 11-208.3 as follows:
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(625 ILCS 5/6-306.5) (from Ch. 95 1/2, par. 6-306.5)
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Sec. 6-306.5. Failure to pay fine or penalty for standing, | ||||
parking, or
compliance violations; suspension of driving | ||||
privileges.
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(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
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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.
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(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
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municipality certifying that the fine or penalty due
and owing | ||||
the municipality has been paid or that inclusion of that
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person's name on the certified report was in error. The | ||
Secretary's notice
shall state in substance the information
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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.
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(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:
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(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.
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(2) The name of the municipality making the report | ||
pursuant to this
Section.
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(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.
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(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
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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
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Secretary of State shall terminate the suspension.
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(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
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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.
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(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
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procedures, but only if:
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(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;
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(2) the municipality has sent a notice of impending
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drivers license suspension as prescribed by an ordinance | ||
enacted pursuant to
subsection (g) of this Section; and
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(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.
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(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
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standing, parking, or compliance regulations after exhaustion
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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
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municipality notifying the Secretary of State that
the person's | ||
drivers license is eligible for suspension pursuant to this
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Section.
The notice of impending drivers license suspension
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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.
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(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
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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.
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(i) The provisions of this Section shall apply on and after | ||
January 1, 1988.
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(j) For purposes of this Section, the term "compliance | ||
violation" is
defined as in Section 11-208.3.
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(Source: P.A. 89-190, eff. 1-1-96; 90-145, eff. 1-1-98; 90-481, | ||
eff.
8-17-97.)
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(625 ILCS 5/11-208.3) (from Ch. 95 1/2, par. 11-208.3)
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Sec. 11-208.3. Administrative adjudication of violations | ||
of traffic
regulations concerning the standing, parking, or | ||
condition of
vehicles.
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(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.
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(b) Any ordinance establishing a system of administrative | ||
adjudication
under this Section shall provide for:
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(1) A traffic compliance administrator authorized to
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adopt, distribute and
process parking and compliance | ||
violation notices and other notices required
by this
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Section, collect money paid as fines and penalties for | ||
violation of parking
and compliance
ordinances, and | ||
operate an administrative adjudication system. The traffic
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compliance
administrator also may make a certified report | ||
to the Secretary of State
under Section 6-306.5.
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(2) A parking, standing, or compliance violation | ||
notice
that
shall specify the date,
time, and place of | ||
violation of a parking, standing, or compliance
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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
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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
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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
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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.
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(3) Service of the parking, standing, or compliance
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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
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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
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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
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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.
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(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
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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.
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(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,
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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:
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(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
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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
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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.
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(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
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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
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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.
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(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
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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.
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(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
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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.
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(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
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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.
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(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.
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(10) A schedule of civil fines for violations of | ||
vehicular standing,
parking, and compliance regulations | ||
enacted by ordinance pursuant to this
Section, and a
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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.
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(11) Other provisions as are necessary and proper to | ||
carry into
effect the powers granted and purposes stated in | ||
this Section.
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(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
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immobilization under this Section shall provide:
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(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
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determined by ordinance.
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(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.
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(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.
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(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.
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(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.
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(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.
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(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.)
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