Rep. Monique D. Davis
Filed: 4/15/2013
 
 


 




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1
AMENDMENT TO HOUSE BILL 756




2 AMENDMENT NO. ______. Amend House Bill 756 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Illinois Vehicle Code is amended by 
5changing Sections 4-211, 11-208.3, and 11-208.7 as follows:




6 (625 ILCS 5/4-211) (from Ch. 95 1/2, par. 4-211)



7 Sec. 4-211. Disposition of proceeds of sale of unclaimed 
8vehicles. 

9 (a) When a vehicle located within the corporate limits of a 
10city,
village or town is authorized to be towed away by a law 
11enforcement agency
having jurisdiction and disposed of as set 
12forth in this Chapter, the
proceeds of the public sale or 
13disposition after the deduction of towing,
storage and 
14processing charges shall be deposited in the treasury of such

15city, village or town. Furthermore, any proceeds from the 
16public sale of the vehicle shall be applied to any fines, fees, 
 
 
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1or other costs associated with that vehicle which are due and 
2owing to the county or municipality that performed the sale or 
3disposition from the person who was the registered owner of the 
4vehicle at the time of its tow, impoundment, or immobilization. 
5If the proceeds of this sale are not enough to satisfy the 
6fines, fees, and other costs the remainder shall not be 
7discharged. The county or municipality that sells or disposes 
8of the vehicle shall not be responsible to any other county or 
9municipality for any outstanding fines or fees associated with 
10the owner of that vehicle. 

11 (b) When a vehicle located outside the corporate limits of 
12a city,
village or town is authorized to be towed away by a law 
13enforcement agency
having jurisdiction and disposed of as set 
14forth in this Chapter, the
proceeds of the public sale or 
15disposition, after deducting towing, storage
and processing 
16costs shall be deposited in the county treasury of the
county 
17where the vehicle was located at the time of the tow.

18 (c) The provisions of this Section shall not apply to 
19vehicles disposed
of or sold at public sale under subsection 
20(k) of Section 4-107 of this Code.

21(Source: P.A. 83-830.)




22 (625 ILCS 5/11-208.3) (from Ch. 95 1/2, par. 11-208.3)


23 Sec. 11-208.3. Administrative adjudication of violations 
24of traffic
regulations concerning the standing, parking, or 
25condition of
vehicles, automated traffic law violations, and 
 
 
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1automated speed enforcement system violations. 

2 (a) Any municipality or county may provide by ordinance for 
3a system of
administrative adjudication of vehicular standing 
4and parking violations and
vehicle compliance violations as 
5described in this subsection, automated traffic law violations 
6as defined in Section 11-208.6 or 11-1201.1, and automated 
7speed enforcement system violations as defined in Section 
811-208.8.
The administrative system shall have as its purpose 
9the fair and
efficient enforcement of municipal or county 
10regulations through the
administrative adjudication of 
11automated speed enforcement system or automated traffic law 
12violations and violations of municipal or county ordinances

13regulating the standing and parking of vehicles, the condition 
14and use of
vehicle equipment, and the display of municipal or 
15county wheel tax licenses within the
municipality's
or county's 
16borders. The administrative system shall only have authority to 
17adjudicate
civil offenses carrying fines not in excess of $500 
18or requiring the completion of a traffic education program, or 
19both, that occur after the
effective date of the ordinance 
20adopting such a system under this Section.
For purposes of this 
21Section, "compliance violation" means a violation of a

22municipal or county regulation governing the condition or use 
23of equipment on a vehicle
or governing the display of a 
24municipal or county wheel tax license.

25 (b) Any ordinance establishing a system of administrative 
26adjudication
under this Section shall provide for:


 
 
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1  (1) A traffic compliance administrator authorized to

2 adopt, distribute and
process parking, compliance, and 
3 automated speed enforcement system or automated traffic 
4 law violation notices and other notices required
by this

5 Section, collect money paid as fines and penalties for 
6 violation of parking
and compliance
ordinances and 
7 automated speed enforcement system or automated traffic 
8 law violations, and operate an administrative adjudication 
9 system. The traffic
compliance
administrator also may make 
10 a certified report to the Secretary of State
under Section 
11 6-306.5.


12  (2) A parking, standing, compliance, automated speed 
13 enforcement system, or automated traffic law violation 
14 notice
that
shall specify the date,
time, and place of 
15 violation of a parking, standing,
compliance, automated 
16 speed enforcement system, or automated traffic law

17 regulation; the particular regulation
violated; any 
18 requirement to complete a traffic education program; the 
19 fine and any penalty that may be assessed for late payment 
20 or failure to complete a required traffic education 
21 program, or both,
when so provided by ordinance; the 
22 vehicle make and state registration
number; and the 
23 identification number of the
person issuing the notice.

24 With regard to automated speed enforcement system or 
25 automated traffic law violations, vehicle make shall be 
26 specified on the automated speed enforcement system or 
 
 
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1 automated traffic law violation notice if the make is 
2 available and readily discernible. With regard to 
3 municipalities or counties with a population of 1 million 
4 or more, it
shall be grounds for
dismissal of a parking

5 violation if the state registration number or vehicle make 
6 specified is
incorrect. The violation notice shall state 
7 that the completion of any required traffic education 
8 program, the payment of any indicated
fine, and the payment 
9 of any applicable penalty for late payment or failure to 
10 complete a required traffic education program, or both, 
11 shall operate as a
final disposition of the violation. The 
12 notice also shall contain
information as to the 
13 availability of a hearing in which the violation may
be 
14 contested on its merits. The violation notice shall specify 
15 the
time and manner in which a hearing may be had.


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

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

20 present and service of an automated speed enforcement 
21 system or automated traffic law violation notice by mail to 
22 the
address
of the registered owner or lessee of the cited 
23 vehicle as recorded with the Secretary of
State or the 
24 lessor of the motor vehicle within 30 days after the 
25 Secretary of State or the lessor of the motor vehicle 
26 notifies the municipality or county of the identity of the 
 
 
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1 owner or lessee of the vehicle, but not later than 90 days 
2 after the violation, except that in the case of a lessee of 
3 a motor vehicle, service of an automated traffic law 
4 violation notice may occur no later than 210 days after the 
5 violation. A person authorized by ordinance to issue and 
6 serve parking,
standing, and compliance
violation notices 
7 shall certify as to the correctness of the facts entered
on 
8 the violation notice by signing his or her name to the 
9 notice at
the time of service or in the case of a notice 
10 produced by a computerized
device, by signing a single 
11 certificate to be kept by the traffic
compliance

12 administrator attesting to the correctness of all notices 
13 produced by the
device while it was under his or her 
14 control. In the case of an automated traffic law violation, 
15 the ordinance shall
require
a
determination by a technician 
16 employed or contracted by the municipality or county that,

17 based on inspection of recorded images, the motor vehicle 
18 was being operated in
violation of Section 11-208.6 or 
19 11-1201.1 or a local ordinance.
If the technician 
20 determines that the
vehicle entered the intersection as 
21 part of a funeral procession or in order to
yield the 
22 right-of-way to an emergency vehicle, a citation shall not 
23 be issued. In municipalities with a population of less than 
24 1,000,000 inhabitants and counties with a population of 
25 less than 3,000,000 inhabitants, the automated traffic law 
26 ordinance shall require that all determinations by a 
 
 
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1 technician that a motor vehicle was being operated in

2 violation of Section 11-208.6 or 11-1201.1 or a local 
3 ordinance must be reviewed and approved by a law 
4 enforcement officer or retired law enforcement officer of 
5 the municipality or county issuing the violation. In 
6 municipalities with a population of 1,000,000 or more 
7 inhabitants and counties with a population of 3,000,000 or 
8 more inhabitants, the automated traffic law ordinance 
9 shall require that all determinations by a technician that 
10 a motor vehicle was being operated in
violation of Section 
11 11-208.6 or 11-1201.1 or a local ordinance must be reviewed 
12 and approved by a law enforcement officer or retired law 
13 enforcement officer of the municipality or county issuing 
14 the violation or by an additional fully-trained reviewing 
15 technician who is not employed by the contractor who 
16 employs the technician who made the initial determination. 
17 In the case of an automated speed enforcement system 
18 violation, the ordinance shall require a determination by a 
19 technician employed by the municipality, based upon an 
20 inspection of recorded images, video or other 
21 documentation, including documentation of the speed limit 
22 and automated speed enforcement signage, and documentation 
23 of the inspection, calibration, and certification of the 
24 speed equipment, that the vehicle was being operated in 
25 violation of Article VI of Chapter 11 of this Code or a 
26 similar local ordinance. If the technician determines that 
 
 
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1 the vehicle speed was not determined by a calibrated, 
2 certified speed equipment device based upon the speed 
3 equipment documentation, or if the vehicle was an emergency 
4 vehicle, a citation may not be issued. The automated speed 
5 enforcement ordinance shall require that all 
6 determinations by a technician that a violation occurred be 
7 reviewed and approved by a law enforcement officer or 
8 retired law enforcement officer of the municipality 
9 issuing the violation or by an additional fully trained 
10 reviewing technician who is not employed by the contractor 
11 who employs the technician who made the initial 
12 determination. Routine and independent calibration of the 
13 speeds produced by automated speed enforcement systems and 
14 equipment shall be conducted by a qualified technician. 
15 Speeds produced by an automated speed enforcement system 
16 shall be compared with speeds produced by lidar or other 
17 independent equipment. Qualified technicians shall test 
18 radar or lidar equipment no less frequently than once each 
19 week, and shall test loop based equipment no less 
20 frequently than once a year. Radar equipment shall be 
21 checked for accuracy by a qualified technician when the 
22 unit is serviced, when unusual or suspect readings persist, 
23 or when deemed necessary by a reviewing technician. Radar 
24 equipment shall be checked with certified tuning forks, the 
25 internal circuit test, and diode display test whenever the 
26 radar is turned on. Technicians must be alert for any 
 
 
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1 unusual or suspect readings, and if unusual or suspect 
2 readings of a radar unit persist, that unit shall 
3 immediately be removed from service and not returned to 
4 service until it has been checked by a qualified technician 
5 and determined to be functioning properly. Documentation 
6 of the calibration results, including the equipment 
7 tested, test date, technician performing the test, and test 
8 results, shall be maintained and available for use in the 
9 determination of an automated speed enforcement system 
10 violation and issuance of a citation. The technician 
11 performing the calibration and testing of the automated 
12 speed enforcement equipment shall be trained and certified 
13 in the use of equipment for speed enforcement purposes. 
14 Training on the speed enforcement equipment may be 
15 conducted by law enforcement, civilian, or manufacturer's 
16 personnel and shall be equivalent to the equipment use and 
17 operations training included in the Speed Measuring Device 
18 Operator Program developed by the National Highway Traffic 
19 Safety Administration (NHTSA). The technician who performs 
20 the work shall keep accurate records on each piece of 
21 equipment the technician calibrates and tests. As used in 
22 this paragraph, "fully-trained reviewing technician" means 
23 a person who has received at least 40 hours of supervised 
24 training in subjects which shall include image inspection 
25 and interpretation, the elements necessary to prove a 
26 violation, license plate identification, and traffic 
 
 
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1 safety and management. In all municipalities and counties, 
2 the automated speed enforcement system or automated 
3 traffic law ordinance shall require that no additional fee 
4 shall be charged to the alleged violator for exercising his 
5 or her right to an administrative hearing, and persons 
6 shall be given at least 25 days following an administrative 
7 hearing to pay any civil penalty imposed by a finding that 
8 Section 11-208.6, 11-208.8, or 11-1201.1 or a similar local 
9 ordinance has been violated. The original or a
facsimile of 
10 the violation notice or, in the case of a notice produced 
11 by a
computerized device, a printed record generated by the 
12 device showing the facts
entered on the notice, shall be 
13 retained by the
traffic compliance
administrator, and 
14 shall be a record kept in the ordinary course of
business. 
15 A parking, standing, compliance, automated speed 
16 enforcement system, or automated traffic law violation 
17 notice issued,
signed and served in
accordance with this 
18 Section, a copy of the notice, or the computer
generated 
19 record shall be prima facie
correct and shall be prima 
20 facie evidence of the correctness of the facts
shown on the 
21 notice. The notice, copy, or computer generated
record 
22 shall be admissible in any
subsequent administrative or 
23 legal proceedings.


24  (4) An opportunity for a hearing for the registered 
25 owner of the
vehicle cited in the parking, standing, 
26 compliance, automated speed enforcement system, or 
 
 
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1 automated traffic law violation notice in
which the owner 
2 may
contest the merits of the alleged violation, and during 
3 which formal or
technical rules of evidence shall not 
4 apply; provided, however, that under
Section 11-1306 of 
5 this Code the lessee of a vehicle cited in the
violation 
6 notice likewise shall be provided an opportunity for a 
7 hearing of
the same kind afforded the registered owner. The 
8 hearings shall be
recorded, and the person conducting the 
9 hearing on behalf of the traffic
compliance
administrator 
10 shall be empowered to administer oaths and to secure by

11 subpoena both the attendance and testimony of witnesses and 
12 the production
of relevant books and papers. Persons 
13 appearing at a hearing under this
Section may be 
14 represented by counsel at their expense. The ordinance may

15 also provide for internal administrative review following 
16 the decision of
the hearing officer.


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

23 or, under Section 11-1306
or subsection (p) of Section 
24 11-208.6, or subsection (p) of Section 11-208.8 of this 
25 Code, to the lessee of the cited vehicle at the last 
26 address known
to the lessor of the cited vehicle at the 
 
 
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1 time of lease or, if any notice to that address is returned 
2 as undeliverable, to the last known address recorded in a 
3 United States Post Office approved database.
The service 
4 shall
be deemed complete as of the date of deposit in the 
5 United States mail.
The notices shall be in the following 
6 sequence and shall include but not be
limited to the 
7 information specified herein:


8   (i) A second notice of parking, standing, or 
9 compliance violation. This notice shall specify the

10 date and location of the violation cited in the 
11 parking,
standing,
or compliance violation
notice, the 
12 particular regulation violated, the vehicle
make and 
13 state registration number, any requirement to complete 
14 a traffic education program, the fine and any penalty 
15 that may be
assessed for late payment or failure to 
16 complete a traffic education program, or both, when so 
17 provided by ordinance, the availability
of a hearing in 
18 which the violation may be contested on its merits, and 
19 the
time and manner in which the hearing may be had. 
20 The notice of violation
shall also state that failure 
21 to complete a required traffic education program, to 
22 pay the indicated fine and any
applicable penalty, or 
23 to appear at a hearing on the merits in the time and

24 manner specified, will result in a final determination 
25 of violation
liability for the cited violation in the 
26 amount of the fine or penalty
indicated, and that, upon 
 
 
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1 the occurrence of a final determination of violation 
2 liability for the failure, and the exhaustion of, or

3 failure to exhaust, available administrative or 
4 judicial procedures for
review, any incomplete traffic 
5 education program or any unpaid fine or penalty, or 
6 both, will constitute a debt due and owing
the 
7 municipality or county.


8   (ii) A notice of final determination of parking, 
9 standing,
compliance, automated speed enforcement 
10 system, or automated traffic law violation liability.

11 This notice shall be sent following a final 
12 determination of parking,
standing, compliance, 
13 automated speed enforcement system, or automated 
14 traffic law
violation liability and the conclusion of 
15 judicial review procedures taken
under this Section. 
16 The notice shall state that the incomplete traffic 
17 education program or the unpaid fine or
penalty, or 
18 both, is a debt due and owing the municipality or 
19 county. The notice shall contain
warnings that failure 
20 to complete any required traffic education program or 
21 to pay any fine or penalty due and owing the

22 municipality or county, or both, within the time 
23 specified may result in the municipality's
or county's 
24 filing of a petition in the Circuit Court to have the 
25 incomplete traffic education program or unpaid
fine or 
26 penalty, or both, rendered a judgment as provided by 
 
 
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1 this Section, or may
result in suspension of the 
2 person's drivers license for failure to complete a 
3 traffic education program or to pay
fines or penalties, 
4 or both, for 10 or more parking violations under 
5 Section 6-306.5, or a combination of 5 or more 
6 automated traffic law violations under Section 
7 11-208.6 or automated speed enforcement system 
8 violations under Section 11-208.8. 


9  (6) A notice of impending drivers license suspension. 
10 This
notice shall be sent to the person liable for failure 
11 to complete a required traffic education program or to pay 
12 any fine or penalty that
remains due and owing, or both, on 
13 10 or more parking
violations or combination of 5 or more 
14 unpaid automated speed enforcement system or automated 
15 traffic law violations. The notice
shall state that failure 
16 to complete a required traffic education program or to pay 
17 the fine or penalty owing, or both, within 45 days of
the 
18 notice's date will result in the municipality or county 
19 notifying the Secretary
of State that the person is 
20 eligible for initiation of suspension
proceedings under 
21 Section 6-306.5 of this Code. The notice shall also state

22 that the person may obtain a photostatic copy of an 
23 original ticket imposing a
fine or penalty by sending a 
24 self addressed, stamped envelope to the
municipality or 
25 county along with a request for the photostatic copy.
The 
26 notice of impending
drivers license suspension shall be 
 
 
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1 sent by first class United States mail,
postage prepaid, to 
2 the address recorded with the Secretary of State or, if any 
3 notice to that address is returned as undeliverable, to the 
4 last known address recorded in a United States Post Office 
5 approved database. 


6  (7) Final determinations of violation liability. A 
7 final
determination of violation liability shall occur 
8 following failure to complete the required traffic 
9 education program or
to pay the fine or penalty, or both, 
10 after a hearing officer's determination of violation 
11 liability and the exhaustion of or failure to exhaust any

12 administrative review procedures provided by ordinance. 
13 Where a person
fails to appear at a hearing to contest the 
14 alleged violation in the time
and manner specified in a 
15 prior mailed notice, the hearing officer's
determination 
16 of violation liability shall become final: (A) upon
denial 
17 of a timely petition to set aside that determination, or 
18 (B) upon
expiration of the period for filing the petition 
19 without a
filing having been made.


20  (8) A petition to set aside a determination of parking, 
21 standing,
compliance, automated speed enforcement system, 
22 or automated traffic law violation
liability that may be 
23 filed by a person owing an unpaid fine or penalty. A 
24 petition to set aside a determination of liability may also 
25 be filed by a person required to complete a traffic 
26 education program.
The petition shall be filed with and 
 
 
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1 ruled upon by the traffic compliance
administrator in the 
2 manner and within the time specified by ordinance.
The 
3 grounds for the petition may be limited to: (A) the person 
4 not having
been the owner or lessee of the cited vehicle on 
5 the date the
violation notice was issued, (B) the person 
6 having already completed the required traffic education 
7 program or paid the fine or
penalty, or both, for the 
8 violation in question, and (C) excusable failure to
appear 
9 at or
request a new date for a hearing.
With regard to 
10 municipalities or counties with a population of 1 million 
11 or more, it
shall be grounds for
dismissal of a
parking 
12 violation if the state registration number, or vehicle make 
13 if specified, is
incorrect. After the determination of

14 parking, standing, compliance, automated speed enforcement 
15 system, or automated traffic law violation liability has 
16 been set aside
upon a showing of just
cause, the registered 
17 owner shall be provided with a hearing on the merits
for 
18 that violation.


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


23  (10) A schedule of civil fines for violations of 
24 vehicular standing,
parking, compliance, automated speed 
25 enforcement system, or automated traffic law regulations 
26 enacted by ordinance pursuant to this
Section, and a

 
 
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1 schedule of penalties for late payment of the fines or 
2 failure to complete required traffic education programs, 
3 provided, however,
that the total amount of the fine and 
4 penalty for any one violation shall
not exceed $250, except 
5 as provided in subsection (c) of Section 11-1301.3 of this 
6 Code. 


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

10 (c) Any municipality or county establishing vehicular 
11standing, parking,
compliance, automated speed enforcement 
12system, or automated traffic law
regulations under this Section 
13may also provide by ordinance for a
program of vehicle 
14immobilization for the purpose of facilitating
enforcement of 
15those regulations. The program of vehicle
immobilization shall 
16provide for immobilizing any eligible vehicle upon the
public 
17way by presence of a restraint in a manner to prevent operation 
18of
the vehicle. Any ordinance establishing a program of vehicle

19immobilization under this Section shall provide:


20  (1) Criteria for the designation of vehicles eligible 
21 for
immobilization. A vehicle shall be eligible for 
22 immobilization when the
registered owner of the vehicle has 
23 accumulated the number of incomplete traffic education 
24 programs or unpaid final
determinations of parking, 
25 standing, compliance, automated speed enforcement system, 
26 or automated traffic law violation liability, or both, as

 
 
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1 determined by ordinance.


2  (2) A notice of impending vehicle immobilization and a 
3 right to a
hearing to challenge the validity of the notice 
4 by disproving liability
for the incomplete traffic 
5 education programs or unpaid final determinations of 
6 parking, standing, compliance, automated speed enforcement 
7 system, or automated traffic law
violation liability, or 
8 both, listed
on the notice.


9  (3) The right to a prompt hearing after a vehicle has 
10 been immobilized
or subsequently towed without the 
11 completion of the required traffic education program or 
12 payment of the outstanding fines and
penalties on parking, 
13 standing, compliance, automated speed enforcement system, 
14 or automated traffic law violations, or both, for which 
15 final
determinations have been
issued. An order issued 
16 after the hearing is a final administrative
decision within 
17 the meaning of Section 3-101 of the Code of Civil 
18 Procedure.


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

22 (d) Judicial review of final determinations of parking, 
23standing,
compliance, automated speed enforcement system, or 
24automated traffic law
violations and final administrative 
25decisions issued after hearings
regarding vehicle 
26immobilization and impoundment made
under this Section shall be 
 
 
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1subject to the provisions of
the Administrative Review Law.

2 (e) Any fine, penalty, incomplete traffic education 
3program, or part of any fine or any penalty remaining
unpaid 
4after the exhaustion of, or the failure to exhaust, 
5administrative
remedies created under this Section and the 
6conclusion of any judicial
review procedures shall be a debt 
7due and owing the municipality or county and, as
such, may be 
8collected in accordance with applicable law. Completion of any 
9required traffic education program and payment in full
of any 
10fine or penalty resulting from a standing, parking,
compliance, 
11automated speed enforcement system, or automated traffic law 
12violation shall
constitute a final disposition of that 
13violation. If the vehicle that was the subject of the 
14underlying offense is sold, claimed, or otherwise disposed of 
15by the county or municipality or their agents, any proceeds 
16from the sale, salvage, or disposal of the vehicle shall be 
17deducted from any fine, penalty, incomplete traffic education 
18program, or part of any fine or any penalty remaining unpaid by 
19the person who was the registered owner at the time of the 
20immobilization, towing, or impoundment of that vehicle, 
21including but not limited to any fines related to the 
22underlying offense, court costs, towing and storage costs, and 
23administrative fees. If the proceeds of this sale, claim, or 
24disposal are not enough to satisfy the fines, fees, and other 
25costs the remainder shall not be discharged. The county or 
26municipality that sells or disposes of the vehicle shall not be 
 
 
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1responsible to any other county or municipality for any 
2outstanding fines or fees associated with the owner of that 
3vehicle. 

4 (f) After the expiration of the period within which 
5judicial review may
be sought for a final determination of 
6parking, standing, compliance, automated speed enforcement 
7system, or automated traffic law
violation, the municipality
or 
8county may commence a proceeding in the Circuit Court for 
9purposes of obtaining a
judgment on the final determination of 
10violation. Nothing in this
Section shall prevent a municipality 
11or county from consolidating multiple final
determinations of 
12parking, standing, compliance, automated speed enforcement 
13system, or automated traffic law violations against a
person in 
14a proceeding.
Upon commencement of the action, the municipality 
15or county shall file a certified
copy or record of the final 
16determination of parking, standing, compliance, automated 
17speed enforcement system, or automated traffic law
violation, 
18which shall be
accompanied by a certification that recites 
19facts sufficient to show that
the final determination of 
20violation was
issued in accordance with this Section and the 
21applicable municipal
or county ordinance. Service of the 
22summons and a copy of the petition may be by
any method 
23provided by Section 2-203 of the Code of Civil Procedure or by

24certified mail, return receipt requested, provided that the 
25total amount of
fines and penalties for final determinations of 
26parking, standing,
compliance, automated speed enforcement 
 
 
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1system, or automated traffic law violations does not
exceed 
2$2500. If the court is satisfied that the final determination 
3of
parking, standing, compliance, automated speed enforcement 
4system, or automated traffic law violation was entered in 
5accordance with
the requirements of
this Section and the 
6applicable municipal or county ordinance, and that the 
7registered
owner or the lessee, as the case may be, had an 
8opportunity for an
administrative hearing and for judicial 
9review as provided in this Section,
the court shall render 
10judgment in favor of the municipality or county and against
the 
11registered owner or the lessee for the amount indicated in the 
12final
determination of parking, standing, compliance, 
13automated speed enforcement system, or automated traffic law 
14violation, plus costs.
The judgment shall have
the same effect 
15and may be enforced in the same manner as other judgments
for 
16the recovery of money.

17 (g) The fee for participating in a traffic education 
18program under this Section shall not exceed $25.
19 A low-income individual required to complete a traffic 
20education program under this Section who provides proof of 
21eligibility for the federal earned income tax credit under 
22Section 32 of the Internal Revenue Code or the Illinois earned 
23income tax credit under Section 212 of the Illinois Income Tax 
24Act shall not be required to pay any fee for participating in a 
25required traffic education program. 
26(Source: P.A. 96-288, eff. 8-11-09; 96-478, eff. 1-1-10; 
 
 
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196-1000, eff. 7-2-10; 96-1016, eff. 1-1-11; 96-1386, eff. 
27-29-10; 97-29, eff. 1-1-12; 97-333, eff. 8-12-11; 97-672, eff. 
37-1-12.)


4 (625 ILCS 5/11-208.7)
5 Sec. 11-208.7. Administrative fees and procedures for 
6impounding vehicles for specified violations.
7 (a) Any municipality may, consistent with this Section, 
8provide by ordinance procedures for the release of properly 
9impounded vehicles and for the imposition of a reasonable 
10administrative fee related to its administrative and 
11processing costs associated with the investigation, arrest, 
12and detention of an offender, or the removal, impoundment, 
13storage, and release of the vehicle. The administrative fee 
14imposed by the municipality may be in addition to any fees

15charged for the towing and storage of an impounded vehicle. The 
16administrative fee shall be waived by the municipality upon 
17verifiable proof that the vehicle was stolen at the time the 
18vehicle was impounded.
19 (b) Any ordinance establishing procedures for the release 
20of properly impounded vehicles under this Section may impose 
21fees for the following violations:
22  (1) operation or use of a motor vehicle in the 
23 commission of, or in the attempt to commit, an offense for 
24 which a motor vehicle may be seized and forfeited pursuant 
25 to Section 36-1 of the Criminal Code of 2012; or
 
 
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1  (2) driving under the influence of alcohol, another 
2 drug or drugs, an intoxicating compound or compounds, or 
3 any combination thereof, in violation of Section 11-501 of 
4 this Code; or
5  (3) operation or use of a motor vehicle in the 
6 commission of, or in the attempt to commit, a felony or in 
7 violation of the Cannabis Control Act; or
8  (4) operation or use of a motor vehicle in the 
9 commission of, or in the attempt to commit, an offense in 
10 violation of the Illinois Controlled Substances Act; or
11  (5) operation or use of a motor vehicle in the 
12 commission of, or in the attempt to commit, an offense in 
13 violation of Section 24-1, 24-1.5, or 24-3.1 of the 
14 Criminal Code of 1961 or the Criminal Code of 2012; or
15  (6) driving while a driver's license, permit, or 
16 privilege to operate a motor vehicle is suspended or 
17 revoked pursuant to Section 6-303 of this Code; except that 
18 vehicles shall not be subjected to seizure or impoundment 
19 if the suspension is for an unpaid citation (parking or 
20 moving) or due to failure to comply with emission testing; 
21 or
22  (7) operation or use of a motor vehicle while 
23 soliciting, possessing, or attempting to solicit or 
24 possess cannabis or a controlled substance, as defined by 
25 the Cannabis Control Act or the Illinois Controlled 
26 Substances Act; or
 
 
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1  (8) operation or use of a motor vehicle with an expired 
2 driver's license, in violation of Section 6-101 of this 
3 Code, if the period of expiration is greater than one year; 
4 or
5  (9) operation or use of a motor vehicle without ever 
6 having been issued a driver's license or permit, in 
7 violation of Section 6-101 of this Code, or operating a 
8 motor vehicle without ever having been issued a driver's 
9 license or permit due to a person's age; or
10  (10) operation or use of a motor vehicle by a person 
11 against whom a warrant has been issued by a circuit clerk 
12 in Illinois for failing to answer charges that the driver 
13 violated Section 6-101, 6-303, or 11-501 of this Code; or
14  (11) operation or use of a motor vehicle in the 
15 commission of, or in the attempt to commit, an offense in 
16 violation of Article 16 or 16A of the Criminal Code of 1961 
17 or the Criminal Code of 2012; or 
18  (12) operation or use of a motor vehicle in the 
19 commission of, or in the attempt to commit, any other

20 misdemeanor or felony offense in violation of the Criminal 
21 Code of 1961 or the Criminal Code of 2012, when so provided 
22 by
local ordinance. 
23 (c) The following shall apply to any fees imposed for 
24administrative and processing costs pursuant to subsection 
25(b):
26  (1) All administrative fees and towing and storage 
 
 
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1 charges shall be imposed on the registered owner of the 
2 motor vehicle or the agents of that owner.
3  (2) The fees shall be in addition to (i) any other 
4 penalties that may be assessed by a court of law for the 
5 underlying violations; and (ii) any towing or storage fees, 
6 or both, charged by the towing company.
7  (3) The fees shall be uniform for all similarly 
8 situated vehicles.
9  (4) The fees shall be collected by and paid to the 
10 municipality imposing the fees.
11  (5) The towing or storage fees, or both, shall be 
12 collected by and paid to the person, firm, or entity that 
13 tows and stores the impounded vehicle. 
14 (d) Any ordinance establishing procedures for the release 
15of properly impounded vehicles under this Section shall provide 
16for an opportunity for a hearing, as provided in subdivision 
17(b)(4) of Section 11-208.3 of this Code, and for the release of 
18the vehicle to the owner of record, lessee, or a lienholder of 
19record upon payment of all administrative fees and towing and 
20storage fees.
21 (e) Any ordinance establishing procedures for the 
22impoundment
and release of vehicles under this Section shall 
23include the following provisions concerning notice of 
24impoundment: 
25  (1) Whenever
a police officer has cause to believe that 
26 a motor vehicle is subject to impoundment, the officer

 
 
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1 shall provide for the towing of the vehicle to a facility 
2 authorized by the municipality.
3  (2) At the
time the vehicle is towed, the municipality 
4 shall notify or make a reasonable attempt to notify the

5 owner, lessee, or person identifying himself or herself as 
6 the owner or lessee of the vehicle, or any person
who is 
7 found to be in control of the vehicle at the time of the 
8 alleged offense, of the fact of the
seizure, and of the 
9 vehicle owner's or lessee's right to an administrative 
10 hearing.
11  (3) The municipality shall
also provide notice that the 
12 motor vehicle will remain impounded pending the completion 
13 of an
administrative hearing, unless the owner or lessee of 
14 the vehicle or a lienholder posts with the
municipality a 
15 bond equal to the administrative fee as provided by 
16 ordinance and pays for all
towing and storage charges.
17 (f) Any ordinance establishing procedures for the 
18impoundment and
release of vehicles under this Section shall 
19include a provision providing that the
registered owner or 
20lessee of the vehicle and any lienholder of record shall be 
21provided with a
notice of hearing. The notice shall:
22  (1) be served upon the owner, lessee, and any 
23 lienholder of record either by personal service or by first 
24 class mail to the interested party's address as registered 
25 with the Secretary of State;
26  (2) be served upon interested parties within 10 days 
 
 
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1 after a vehicle is impounded by the municipality; and
2  (3) contain the date, time, and location of the 
3 administrative hearing. An
initial hearing shall be 
4 scheduled and convened no later than 45 days after the date 
5 of
the mailing of the notice of hearing.
6 (g) In addition to the requirements contained in

7subdivision (b)(4) of Section 11-208.3 of this Code relating to 
8administrative hearings, any ordinance providing for the 
9impoundment
and release of vehicles under this Section shall 
10include the following requirements concerning administrative 
11hearings:
12  (1) administrative hearings shall be conducted by a 
13 hearing officer who is an attorney licensed to practice law 
14 in this State for a minimum of 3 years;
15  (2) at the conclusion of the administrative hearing, 
16 the hearing officer shall issue
a written decision either 
17 sustaining or overruling the vehicle impoundment;
18  (3) if the basis for the vehicle
impoundment is 
19 sustained by the administrative hearing officer, any 
20 administrative fee posted to
secure the release of the 
21 vehicle shall be forfeited to the municipality;
22  (4) all final decisions of the administrative hearing 
23 officer shall be subject to
review under the provisions of 
24 the Administrative Review Law; and
25  (5) unless the administrative hearing
officer 
26 overturns the basis for the vehicle impoundment, no vehicle 
 
 
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1 shall be released to the owner, lessee, or lienholder of 
2 record until
all administrative fees and towing and storage 
3 charges are paid.
4 (h) Vehicles not retrieved from the towing facility or 
5storage facility
within 35 days after the administrative 
6hearing officer issues a written decision shall be deemed 
7abandoned and sold disposed of in accordance with the 
8provisions of Article II of Chapter
4 of this Code. After the 
9sale of the vehicle is completed, the person who was the 
10registered owner at the time of the vehicle's impoundment is 
11entitled to have the proceeds of that sale deducted from any 
12fines, fees, administrative penalties, and other costs owed to 
13the county or municipality that sold the vehicle associated 
14with the vehicle's immobilization, towing, or impoundment, 
15including but not limited to any fine for the underlying 
16offense which led to the vehicle's impoundment. If the proceeds 
17of this sale are not enough to satisfy the fines, fees, and 
18other costs the remainder shall not be discharged. The county 
19or municipality that sells or disposes of the vehicle shall not 
20be responsible to any other county or municipality for any 
21outstanding fines or fees associated with the owner of that 
22vehicle. 
23 (i) Unless stayed by a court of competent jurisdiction, any 
24fine, penalty, or administrative fee imposed under this
Section 
25which remains unpaid in whole or in part after the expiration 
26of the deadline for seeking judicial
review under the 
 
 
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1Administrative Review Law may be enforced in the same manner as 
2a judgment entered by a court of
competent jurisdiction.

3(Source: P.A. 97-109, eff. 1-1-12; 97-1150, eff. 1-25-13.)


4 (625 ILCS 5/4-209.2 rep.)
5 Section 10. The Illinois Vehicle Code is amended by 
6repealing Section 4-209.2.".