Bill Text: IL HB0756 | 2013-2014 | 98th General Assembly | Amended

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Bill Title: Amends the Illinois Highway Code. Makes a technical change in a Section concerning the short title.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Failed) 2014-12-03 - Session Sine Die [HB0756 Detail]

Download: Illinois-2013-HB0756-Amended.html

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Rep. Monique D. Davis

Filed: 4/15/2013

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AMENDMENT TO HOUSE BILL 756
AMENDMENT NO. ______. Amend House Bill 756 by replacing
everything after the enacting clause with the following:
"Section 5. The Illinois Vehicle Code is amended by
changing Sections 4-211, 11-208.3, and 11-208.7 as follows:
(625 ILCS 5/4-211) (from Ch. 95 1/2, par. 4-211)
Sec. 4-211. Disposition of proceeds of sale of unclaimed
vehicles.
(a) When a vehicle located within the corporate limits of a
city, village or town is authorized to be towed away by a law
enforcement agency having jurisdiction and disposed of as set
forth in this Chapter, the proceeds of the public sale or
disposition after the deduction of towing, storage and
processing charges shall be deposited in the treasury of such
city, village or town. Furthermore, any proceeds from the
public sale of the vehicle shall be applied to any fines, fees,

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or other costs associated with that vehicle which are due and
owing to the county or municipality that performed the sale or
disposition from the person who was the registered owner of the
vehicle at the time of its tow, impoundment, or immobilization.
If the proceeds of this sale are not enough to satisfy the
fines, fees, and other costs the remainder shall not be
discharged. The county or municipality that sells or disposes
of the vehicle shall not be responsible to any other county or
municipality for any outstanding fines or fees associated with
the owner of that vehicle.
(b) When a vehicle located outside the corporate limits of
a city, village or town is authorized to be towed away by a law
enforcement agency having jurisdiction and disposed of as set
forth in this Chapter, the proceeds of the public sale or
disposition, after deducting towing, storage and processing
costs shall be deposited in the county treasury of the county
where the vehicle was located at the time of the tow.
(c) The provisions of this Section shall not apply to
vehicles disposed of or sold at public sale under subsection
(k) of Section 4-107 of this Code.
(Source: P.A. 83-830.)
(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, automated traffic law violations, and

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automated speed enforcement system violations.
(a) Any municipality or county may provide by ordinance for
a system of administrative adjudication of vehicular standing
and parking violations and vehicle compliance violations as
described in this subsection, automated traffic law violations
as defined in Section 11-208.6 or 11-1201.1, and automated
speed enforcement system violations as defined in Section
11-208.8. The administrative system shall have as its purpose
the fair and efficient enforcement of municipal or county
regulations through the administrative adjudication of
automated speed enforcement system or automated traffic law
violations and violations of municipal or county ordinances
regulating the standing and parking of vehicles, the condition
and use of vehicle equipment, and the display of municipal or
county wheel tax licenses within the municipality's or county's
borders. The administrative system shall only have authority to
adjudicate civil offenses carrying fines not in excess of $500
or requiring the completion of a traffic education program, or
both, 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 or county regulation governing the condition or use
of equipment on a vehicle or governing the display of a
municipal or county wheel tax license.
(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
adopt, distribute and process parking, compliance, and
automated speed enforcement system or automated traffic
law violation notices and other notices required by this
Section, collect money paid as fines and penalties for
violation of parking and compliance ordinances and
automated speed enforcement system or automated traffic
law violations, 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, compliance, automated speed
enforcement system, or automated traffic law violation
notice that shall specify the date, time, and place of
violation of a parking, standing, compliance, automated
speed enforcement system, or automated traffic law
regulation; the particular regulation violated; any
requirement to complete a traffic education program; the
fine and any penalty that may be assessed for late payment
or failure to complete a required traffic education
program, or both, 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 automated speed enforcement system or
automated traffic law violations, vehicle make shall be
specified on the automated speed enforcement system or

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automated traffic law violation notice if the make is
available and readily discernible. With regard to
municipalities or counties 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 completion of any required traffic education
program, the payment of any indicated fine, and the payment
of any applicable penalty for late payment or failure to
complete a required traffic education program, or both,
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 and service of an automated speed enforcement
system or automated traffic law violation notice by mail to
the address of the registered owner or lessee of the cited
vehicle as recorded with the Secretary of State or the
lessor of the motor vehicle within 30 days after the
Secretary of State or the lessor of the motor vehicle
notifies the municipality or county of the identity of the

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owner or lessee of the vehicle, but not later than 90 days
after the violation, except that in the case of a lessee of
a motor vehicle, service of an automated traffic law
violation notice may occur no later than 210 days after the
violation. 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. In the case of an automated traffic law violation,
the ordinance shall require a determination by a technician
employed or contracted by the municipality or county that,
based on inspection of recorded images, the motor vehicle
was being operated in violation of Section 11-208.6 or
11-1201.1 or a local ordinance. If the technician
determines that the vehicle entered the intersection as
part of a funeral procession or in order to yield the
right-of-way to an emergency vehicle, a citation shall not
be issued. In municipalities with a population of less than
1,000,000 inhabitants and counties with a population of
less than 3,000,000 inhabitants, the automated traffic law
ordinance shall require that all determinations by a

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technician that a motor vehicle was being operated in
violation of Section 11-208.6 or 11-1201.1 or a local
ordinance must be reviewed and approved by a law
enforcement officer or retired law enforcement officer of
the municipality or county issuing the violation. In
municipalities with a population of 1,000,000 or more
inhabitants and counties with a population of 3,000,000 or
more inhabitants, the automated traffic law ordinance
shall require that all determinations by a technician that
a motor vehicle was being operated in violation of Section
11-208.6 or 11-1201.1 or a local ordinance must be reviewed
and approved by a law enforcement officer or retired law
enforcement officer of the municipality or county issuing
the violation or by an additional fully-trained reviewing
technician who is not employed by the contractor who
employs the technician who made the initial determination.
In the case of an automated speed enforcement system
violation, the ordinance shall require a determination by a
technician employed by the municipality, based upon an
inspection of recorded images, video or other
documentation, including documentation of the speed limit
and automated speed enforcement signage, and documentation
of the inspection, calibration, and certification of the
speed equipment, that the vehicle was being operated in
violation of Article VI of Chapter 11 of this Code or a
similar local ordinance. If the technician determines that

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the vehicle speed was not determined by a calibrated,
certified speed equipment device based upon the speed
equipment documentation, or if the vehicle was an emergency
vehicle, a citation may not be issued. The automated speed
enforcement ordinance shall require that all
determinations by a technician that a violation occurred be
reviewed and approved by a law enforcement officer or
retired law enforcement officer of the municipality
issuing the violation or by an additional fully trained
reviewing technician who is not employed by the contractor
who employs the technician who made the initial
determination. Routine and independent calibration of the
speeds produced by automated speed enforcement systems and
equipment shall be conducted by a qualified technician.
Speeds produced by an automated speed enforcement system
shall be compared with speeds produced by lidar or other
independent equipment. Qualified technicians shall test
radar or lidar equipment no less frequently than once each
week, and shall test loop based equipment no less
frequently than once a year. Radar equipment shall be
checked for accuracy by a qualified technician when the
unit is serviced, when unusual or suspect readings persist,
or when deemed necessary by a reviewing technician. Radar
equipment shall be checked with certified tuning forks, the
internal circuit test, and diode display test whenever the
radar is turned on. Technicians must be alert for any

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unusual or suspect readings, and if unusual or suspect
readings of a radar unit persist, that unit shall
immediately be removed from service and not returned to
service until it has been checked by a qualified technician
and determined to be functioning properly. Documentation
of the calibration results, including the equipment
tested, test date, technician performing the test, and test
results, shall be maintained and available for use in the
determination of an automated speed enforcement system
violation and issuance of a citation. The technician
performing the calibration and testing of the automated
speed enforcement equipment shall be trained and certified
in the use of equipment for speed enforcement purposes.
Training on the speed enforcement equipment may be
conducted by law enforcement, civilian, or manufacturer's
personnel and shall be equivalent to the equipment use and
operations training included in the Speed Measuring Device
Operator Program developed by the National Highway Traffic
Safety Administration (NHTSA). The technician who performs
the work shall keep accurate records on each piece of
equipment the technician calibrates and tests. As used in
this paragraph, "fully-trained reviewing technician" means
a person who has received at least 40 hours of supervised
training in subjects which shall include image inspection
and interpretation, the elements necessary to prove a
violation, license plate identification, and traffic

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safety and management. In all municipalities and counties,
the automated speed enforcement system or automated
traffic law ordinance shall require that no additional fee
shall be charged to the alleged violator for exercising his
or her right to an administrative hearing, and persons
shall be given at least 25 days following an administrative
hearing to pay any civil penalty imposed by a finding that
Section 11-208.6, 11-208.8, or 11-1201.1 or a similar local
ordinance has been violated. 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, compliance, automated speed
enforcement system, or automated traffic law 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,
compliance, automated speed enforcement system, or

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automated traffic law 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 or subsection (p) of Section
11-208.6, or subsection (p) of Section 11-208.8 of this
Code, to the lessee of the cited vehicle at the last
address known to the lessor of the cited vehicle at the

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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 parking, standing, or
compliance 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, any requirement to complete
a traffic education program, the fine and any penalty
that may be assessed for late payment or failure to
complete a traffic education program, or both, 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
to complete a required traffic education program, 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

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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 incomplete traffic
education program or any unpaid fine or penalty, or
both, will constitute a debt due and owing the
municipality or county.
(ii) A notice of final determination of parking,
standing, compliance, automated speed enforcement
system, or automated traffic law violation liability.
This notice shall be sent following a final
determination of parking, standing, compliance,
automated speed enforcement system, or automated
traffic law violation liability and the conclusion of
judicial review procedures taken under this Section.
The notice shall state that the incomplete traffic
education program or the unpaid fine or penalty, or
both, is a debt due and owing the municipality or
county. The notice shall contain warnings that failure
to complete any required traffic education program or
to pay any fine or penalty due and owing the
municipality or county, or both, within the time
specified may result in the municipality's or county's
filing of a petition in the Circuit Court to have the
incomplete traffic education program or unpaid fine or
penalty, or both, rendered a judgment as provided by

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this Section, or may result in suspension of the
person's drivers license for failure to complete a
traffic education program or to pay fines or penalties,
or both, for 10 or more parking violations under
Section 6-306.5, or a combination of 5 or more
automated traffic law violations under Section
11-208.6 or automated speed enforcement system
violations under Section 11-208.8.
(6) A notice of impending drivers license suspension.
This notice shall be sent to the person liable for failure
to complete a required traffic education program or to pay
any fine or penalty that remains due and owing, or both, on
10 or more parking violations or combination of 5 or more
unpaid automated speed enforcement system or automated
traffic law violations. The notice shall state that failure
to complete a required traffic education program or to pay
the fine or penalty owing, or both, within 45 days of the
notice's date will result in the municipality or county
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 or
county along with a request for the photostatic copy. The
notice of impending drivers license suspension shall be

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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 complete the required traffic
education program or to pay the fine or penalty, or both,
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, compliance, automated speed enforcement system,
or automated traffic law violation liability that may be
filed by a person owing an unpaid fine or penalty. A
petition to set aside a determination of liability may also
be filed by a person required to complete a traffic
education program. The petition shall be filed with and

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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 completed the required traffic education
program or paid the fine or penalty, or both, for the
violation in question, and (C) excusable failure to appear
at or request a new date for a hearing. With regard to
municipalities or counties 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
if specified, is incorrect. After the determination of
parking, standing, compliance, automated speed enforcement
system, or automated traffic law 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 or county
may contest the merits of the alleged violation without
attending a hearing.
(10) A schedule of civil fines for violations of
vehicular standing, parking, compliance, automated speed
enforcement system, or automated traffic law regulations
enacted by ordinance pursuant to this Section, and a

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schedule of penalties for late payment of the fines or
failure to complete required traffic education programs,
provided, however, that the total amount of the fine and
penalty for any one violation shall not exceed $250, except
as provided in subsection (c) of Section 11-1301.3 of this
Code.
(11) Other provisions as are necessary and proper to
carry into effect the powers granted and purposes stated in
this Section.
(c) Any municipality or county establishing vehicular
standing, parking, compliance, automated speed enforcement
system, or automated traffic law 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 incomplete traffic education
programs or unpaid final determinations of parking,
standing, compliance, automated speed enforcement system,
or automated traffic law violation liability, or both, as

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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 incomplete traffic
education programs or unpaid final determinations of
parking, standing, compliance, automated speed enforcement
system, or automated traffic law violation liability, or
both, listed on the notice.
(3) The right to a prompt hearing after a vehicle has
been immobilized or subsequently towed without the
completion of the required traffic education program or
payment of the outstanding fines and penalties on parking,
standing, compliance, automated speed enforcement system,
or automated traffic law violations, or both, 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, compliance, automated speed enforcement system, or
automated traffic law violations and final administrative
decisions issued after hearings regarding vehicle
immobilization and impoundment made under this Section shall be

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subject to the provisions of the Administrative Review Law.
(e) Any fine, penalty, incomplete traffic education
program, 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 or county and, as such, may be
collected in accordance with applicable law. Completion of any
required traffic education program and payment in full of any
fine or penalty resulting from a standing, parking, compliance,
automated speed enforcement system, or automated traffic law
violation shall constitute a final disposition of that
violation. If the vehicle that was the subject of the
underlying offense is sold, claimed, or otherwise disposed of
by the county or municipality or their agents, any proceeds
from the sale, salvage, or disposal of the vehicle shall be
deducted from any fine, penalty, incomplete traffic education
program, or part of any fine or any penalty remaining unpaid by
the person who was the registered owner at the time of the
immobilization, towing, or impoundment of that vehicle,
including but not limited to any fines related to the
underlying offense, court costs, towing and storage costs, and
administrative fees. If the proceeds of this sale, claim, or
disposal are not enough to satisfy the fines, fees, and other
costs the remainder shall not be discharged. The county or
municipality that sells or disposes of the vehicle shall not be

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responsible to any other county or municipality for any
outstanding fines or fees associated with the owner of that
vehicle.
(f) After the expiration of the period within which
judicial review may be sought for a final determination of
parking, standing, compliance, automated speed enforcement
system, or automated traffic law violation, the municipality or
county 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
or county from consolidating multiple final determinations of
parking, standing, compliance, automated speed enforcement
system, or automated traffic law violations against a person in
a proceeding. Upon commencement of the action, the municipality
or county shall file a certified copy or record of the final
determination of parking, standing, compliance, automated
speed enforcement system, or automated traffic law 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 or county 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, compliance, automated speed enforcement

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system, or automated traffic law violations does not exceed
$2500. If the court is satisfied that the final determination
of parking, standing, compliance, automated speed enforcement
system, or automated traffic law violation was entered in
accordance with the requirements of this Section and the
applicable municipal or county 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 or county and against the
registered owner or the lessee for the amount indicated in the
final determination of parking, standing, compliance,
automated speed enforcement system, or automated traffic law
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.
(g) The fee for participating in a traffic education
program under this Section shall not exceed $25.
A low-income individual required to complete a traffic
education program under this Section who provides proof of
eligibility for the federal earned income tax credit under
Section 32 of the Internal Revenue Code or the Illinois earned
income tax credit under Section 212 of the Illinois Income Tax
Act shall not be required to pay any fee for participating in a
required traffic education program.
(Source: P.A. 96-288, eff. 8-11-09; 96-478, eff. 1-1-10;

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96-1000, eff. 7-2-10; 96-1016, eff. 1-1-11; 96-1386, eff.
7-29-10; 97-29, eff. 1-1-12; 97-333, eff. 8-12-11; 97-672, eff.
7-1-12.)
(625 ILCS 5/11-208.7)
Sec. 11-208.7. Administrative fees and procedures for
impounding vehicles for specified violations.
(a) Any municipality may, consistent with this Section,
provide by ordinance procedures for the release of properly
impounded vehicles and for the imposition of a reasonable
administrative fee related to its administrative and
processing costs associated with the investigation, arrest,
and detention of an offender, or the removal, impoundment,
storage, and release of the vehicle. The administrative fee
imposed by the municipality may be in addition to any fees
charged for the towing and storage of an impounded vehicle. The
administrative fee shall be waived by the municipality upon
verifiable proof that the vehicle was stolen at the time the
vehicle was impounded.
(b) Any ordinance establishing procedures for the release
of properly impounded vehicles under this Section may impose
fees for the following violations:
(1) operation or use of a motor vehicle in the
commission of, or in the attempt to commit, an offense for
which a motor vehicle may be seized and forfeited pursuant
to Section 36-1 of the Criminal Code of 2012; or

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(2) driving under the influence of alcohol, another
drug or drugs, an intoxicating compound or compounds, or
any combination thereof, in violation of Section 11-501 of
this Code; or
(3) operation or use of a motor vehicle in the
commission of, or in the attempt to commit, a felony or in
violation of the Cannabis Control Act; or
(4) operation or use of a motor vehicle in the
commission of, or in the attempt to commit, an offense in
violation of the Illinois Controlled Substances Act; or
(5) operation or use of a motor vehicle in the
commission of, or in the attempt to commit, an offense in
violation of Section 24-1, 24-1.5, or 24-3.1 of the
Criminal Code of 1961 or the Criminal Code of 2012; or
(6) driving while a driver's license, permit, or
privilege to operate a motor vehicle is suspended or
revoked pursuant to Section 6-303 of this Code; except that
vehicles shall not be subjected to seizure or impoundment
if the suspension is for an unpaid citation (parking or
moving) or due to failure to comply with emission testing;
or
(7) operation or use of a motor vehicle while
soliciting, possessing, or attempting to solicit or
possess cannabis or a controlled substance, as defined by
the Cannabis Control Act or the Illinois Controlled
Substances Act; or

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(8) operation or use of a motor vehicle with an expired
driver's license, in violation of Section 6-101 of this
Code, if the period of expiration is greater than one year;
or
(9) operation or use of a motor vehicle without ever
having been issued a driver's license or permit, in
violation of Section 6-101 of this Code, or operating a
motor vehicle without ever having been issued a driver's
license or permit due to a person's age; or
(10) operation or use of a motor vehicle by a person
against whom a warrant has been issued by a circuit clerk
in Illinois for failing to answer charges that the driver
violated Section 6-101, 6-303, or 11-501 of this Code; or
(11) operation or use of a motor vehicle in the
commission of, or in the attempt to commit, an offense in
violation of Article 16 or 16A of the Criminal Code of 1961
or the Criminal Code of 2012; or
(12) operation or use of a motor vehicle in the
commission of, or in the attempt to commit, any other
misdemeanor or felony offense in violation of the Criminal
Code of 1961 or the Criminal Code of 2012, when so provided
by local ordinance.
(c) The following shall apply to any fees imposed for
administrative and processing costs pursuant to subsection
(b):
(1) All administrative fees and towing and storage

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charges shall be imposed on the registered owner of the
motor vehicle or the agents of that owner.
(2) The fees shall be in addition to (i) any other
penalties that may be assessed by a court of law for the
underlying violations; and (ii) any towing or storage fees,
or both, charged by the towing company.
(3) The fees shall be uniform for all similarly
situated vehicles.
(4) The fees shall be collected by and paid to the
municipality imposing the fees.
(5) The towing or storage fees, or both, shall be
collected by and paid to the person, firm, or entity that
tows and stores the impounded vehicle.
(d) Any ordinance establishing procedures for the release
of properly impounded vehicles under this Section shall provide
for an opportunity for a hearing, as provided in subdivision
(b)(4) of Section 11-208.3 of this Code, and for the release of
the vehicle to the owner of record, lessee, or a lienholder of
record upon payment of all administrative fees and towing and
storage fees.
(e) Any ordinance establishing procedures for the
impoundment and release of vehicles under this Section shall
include the following provisions concerning notice of
impoundment:
(1) Whenever a police officer has cause to believe that
a motor vehicle is subject to impoundment, the officer

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shall provide for the towing of the vehicle to a facility
authorized by the municipality.
(2) At the time the vehicle is towed, the municipality
shall notify or make a reasonable attempt to notify the
owner, lessee, or person identifying himself or herself as
the owner or lessee of the vehicle, or any person who is
found to be in control of the vehicle at the time of the
alleged offense, of the fact of the seizure, and of the
vehicle owner's or lessee's right to an administrative
hearing.
(3) The municipality shall also provide notice that the
motor vehicle will remain impounded pending the completion
of an administrative hearing, unless the owner or lessee of
the vehicle or a lienholder posts with the municipality a
bond equal to the administrative fee as provided by
ordinance and pays for all towing and storage charges.
(f) Any ordinance establishing procedures for the
impoundment and release of vehicles under this Section shall
include a provision providing that the registered owner or
lessee of the vehicle and any lienholder of record shall be
provided with a notice of hearing. The notice shall:
(1) be served upon the owner, lessee, and any
lienholder of record either by personal service or by first
class mail to the interested party's address as registered
with the Secretary of State;
(2) be served upon interested parties within 10 days

09800HB0756ham004 - 27 - LRB098 03581 MLW 44551 a
after a vehicle is impounded by the municipality; and
(3) contain the date, time, and location of the
administrative hearing. An initial hearing shall be
scheduled and convened no later than 45 days after the date
of the mailing of the notice of hearing.
(g) In addition to the requirements contained in
subdivision (b)(4) of Section 11-208.3 of this Code relating to
administrative hearings, any ordinance providing for the
impoundment and release of vehicles under this Section shall
include the following requirements concerning administrative
hearings:
(1) administrative hearings shall be conducted by a
hearing officer who is an attorney licensed to practice law
in this State for a minimum of 3 years;
(2) at the conclusion of the administrative hearing,
the hearing officer shall issue a written decision either
sustaining or overruling the vehicle impoundment;
(3) if the basis for the vehicle impoundment is
sustained by the administrative hearing officer, any
administrative fee posted to secure the release of the
vehicle shall be forfeited to the municipality;
(4) all final decisions of the administrative hearing
officer shall be subject to review under the provisions of
the Administrative Review Law; and
(5) unless the administrative hearing officer
overturns the basis for the vehicle impoundment, no vehicle

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shall be released to the owner, lessee, or lienholder of
record until all administrative fees and towing and storage
charges are paid.
(h) Vehicles not retrieved from the towing facility or
storage facility within 35 days after the administrative
hearing officer issues a written decision shall be deemed
abandoned and sold disposed of in accordance with the
provisions of Article II of Chapter 4 of this Code. After the
sale of the vehicle is completed, the person who was the
registered owner at the time of the vehicle's impoundment is
entitled to have the proceeds of that sale deducted from any
fines, fees, administrative penalties, and other costs owed to
the county or municipality that sold the vehicle associated
with the vehicle's immobilization, towing, or impoundment,
including but not limited to any fine for the underlying
offense which led to the vehicle's impoundment. If the proceeds
of this sale are not enough to satisfy the fines, fees, and
other costs the remainder shall not be discharged. The county
or municipality that sells or disposes of the vehicle shall not
be responsible to any other county or municipality for any
outstanding fines or fees associated with the owner of that
vehicle.
(i) Unless stayed by a court of competent jurisdiction, any
fine, penalty, or administrative fee imposed under this Section
which remains unpaid in whole or in part after the expiration
of the deadline for seeking judicial review under the

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Administrative Review Law may be enforced in the same manner as
a judgment entered by a court of competent jurisdiction.
(Source: P.A. 97-109, eff. 1-1-12; 97-1150, eff. 1-25-13.)
(625 ILCS 5/4-209.2 rep.)
Section 10. The Illinois Vehicle Code is amended by
repealing Section 4-209.2.".