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SB 1944 — MUNI CD/VEHICLE CD-ED PROGRAM
Last action — Session Sine Die
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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3Passed Senate
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4Passed House
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5To Executive
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6Enacted
This bill died with 96th Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
Amends the Illinois Municipal Code. Provides that the corporate authorities of each municipality may require a defendant to complete an education program for each ordinance violation committed. Amends the Illinois Vehicle Code. Provides that a vehicle owner may have to complete a traffic education program for a violation of the Illinois Vehicle Code or a local ordinance recorded by an automated traffic law enforcement system. In a provision authorizing municipalities to provide for a system of administrative adjudication for violations of parking, standing, compliance, and automated traffic laws, provides that the administrative system shall have the authority to adjudicate any civil offense carrying a fine not in excess of $250 or "requiring the completion of a traffic education program, or both". Provides that the notice of a parking, standing, compliance, or automated traffic law violation shall specify any requirement to complete a traffic education program. Specifies other notice requirements. In a provision pertaining to vehicle immobilization, adds that a vehicle shall be eligible for immobilization when the registered owner of the vehicle has failed to complete a specific number of traffic education programs as determined by ordinance. Effective immediately.
Bill Text
What changed in the latest version
625 added · 600 removedPlain-language change summary
The revised version of SB 1944 adds a provision that exempts holders of valid commercial driver's licenses from completing an education program if they commit certain vehicle weight or size violations. Additionally, it adds that individuals convicted may be required to perform reasonable public service work, like picking up litter or maintaining public facilities, as part of their penalty. These changes are significant because they clarify the penalties for specific offenders and introduce community service as a possible alternative to education programs, potentially making the consequences more manageable for offenders.
*LRB09610891RLJ21130b* SB1944 96THEngrossed GENERALLRB096 ASSEMBLY10891 StateRLJ of21130 Illinoisb andAN 2010ACT SB1944concerning Introducededucation 2/20/2009,programs. by Sen.
Kwame Raoul SYNOPSIS AS INTRODUCED:
ILCS 5/1-2-1 from Ch.
24, par.
1-2-1 ILCS 5/1-2-1.1 from Ch.
24, par.
1-2-1.1 ILCS 5/11-208.3 from Ch.
95 1/2, par.
11-208.3 ILCS 5/11-208.6 Amends the Illinois Municipal Code.
Provides that the corporate authorities of each municipality may require a defendant to complete an education program for each ordinance violation committed.
Amends the Illinois Vehicle Code.
Provides that a vehicle owner may have to complete a traffic education program for a violation of the Illinois Vehicle Code or a local ordinance recorded by an automated traffic law enforcement system.
In a provision authorizing municipalities to provide for a system of administrative adjudication for violations of parking, standing, compliance, and automated traffic laws, provides that the administrative system shall have the authority to adjudicate any civil offense carrying a fine not in excess of $250 or "requiring the completion of a traffic education program, or both".
Provides that the notice of a parking, standing, compliance, or automated traffic law violation shall specify any requirement to complete a traffic education program.
Specifies other notice requirements.
In a provision pertaining to vehicle immobilization, adds that a vehicle shall be eligible for immobilization when the registered owner of the vehicle has failed to complete a specific number of traffic education programs as determined by ordinance.
Effective immediately.
LRB096 10891 RLJ 21130 b FISCAL NOTE ACT MAY APPLY A BILL FOR SB1944 LRB096 10891 RLJ 21130 b AN ACT concerning education programs.
(1) Complete an education program.program, except that a holder of a valid commercial driver's license who commits a vehicle weight or size restriction violation shall not be required to complete an education program under this Section.
SB1944 Engrossed - 2 - LRB096 10891 RLJ 21130 b (2) Perform perform some reasonable public service work such as but not limited to the picking up of litter in public parks or along public highways or the maintenance of public facilities.
SB1944 - 2 - LRB096 10891 RLJ 21130 b A default in the payment of a fine or penalty or any installment of a fine or penalty may be collected by any means authorized for the collection of monetary judgments.
A low-income individual required to complete an 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 education program.
The corporate authorities of each SB1944 Engrossed - 3 - LRB096 10891 RLJ 21130 b municipality may pass ordinances, not inconsistent with the criminal laws of this State, to regulate any matter expressly within the authorized powers of the municipality, or incidental thereto, making violation thereof a misdemeanor punishable by incarceration in a penal institution other than the penitentiary not to exceed 6 months.
Conviction SB1944 - 3 - LRB096 10891 RLJ 21130 b shall require the municipality to establish the guilt of the defendant beyond reasonable doubt.
(1) Complete an education program.program, except that a holder of a valid commercial driver's license who commits a vehicle weight or size restriction violation shall not be required to complete an education program under this Section.
A low-income individual required to complete an education SB1944 Engrossed - 4 - LRB096 10891 RLJ 21130 b 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 education program.
11-208.3) SB1944 - 4 - LRB096 10891 RLJ 21130 b Sec.
(a) Any municipality may provide by ordinance for a system SB1944 Engrossed - 5 - LRB096 10891 RLJ 21130 b of administrative adjudication of vehicular standing and parking violations and vehicle compliance violations as defined in this subsection and automated traffic law violations as defined in Section 11-208.6.
(1) A traffic compliance administrator authorized to SB1944 - 5 - LRB096 10891 RLJ 21130 b adopt, distribute and process parking, compliance, and 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 SB1944 Engrossed - 6 - LRB096 10891 RLJ 21130 b ordinances and automated traffic law violations, and operate an administrative adjudication system.
The violation notice shall state that the SB1944 - 6 - LRB096 10891 RLJ 21130 b completion of any required traffic education program, the payment of any the indicated fine, and the payment of any applicable penalty for late payment or failure to complete a required traffic education program, or both, shall SB1944 Engrossed - 7 - LRB096 10891 RLJ 21130 b operate as a final disposition of 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 SB1944 - 7 - LRB096 10891 RLJ 21130 b 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 SB1944 Engrossed - 8 - LRB096 10891 RLJ 21130 b 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 a local ordinance.
(4) An opportunity for a hearing for the registered SB1944 - 8 - LRB096 10891 RLJ 21130 b owner of the vehicle cited in the parking, standing, compliance, or 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 SB1944 Engrossed - 9 - LRB096 10891 RLJ 21130 b evidence shall not apply;
(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 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 SB1944 - 9 - LRB096 10891 RLJ 21130 b to that address is returned as undeliverable, to the last known address recorded in a United States Post Office approved database.
The SB1944 Engrossed - 10 - LRB096 10891 RLJ 21130 b notices shall be in the following sequence and shall include but not be limited to the information specified herein:
The notice of violation shall also state that failure to complete a required traffic education program, 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 SB1944 - 10 - LRB096 10891 RLJ 21130 b 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 SB1944 Engrossed - 11 - LRB096 10891 RLJ 21130 b incomplete traffic education program or any unpaid fine or penalty, or both, will constitute a debt due and owing the municipality.
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 both, within the time specified may result in the municipality'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 this Section, or may result in suspension of the person's drivers license for failure to complete a traffic education SB1944 - 11 - LRB096 10891 RLJ 21130 b program or to pay fines or penalties, or both, for 10 or more parking violations under Section 6-306.5 or 5 or more automated traffic law violations under Section 11-208.6.
SB1944 Engrossed - 12 - LRB096 10891 RLJ 21130 b (6) A notice Notice of impending drivers license suspension.
SB1944 - 12 - LRB096 10891 RLJ 21130 b (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, SB1944 Engrossed - 13 - LRB096 10891 RLJ 21130 b after a hearing officer's determination of violation liability and the exhaustion of or failure to exhaust any administrative review procedures provided by ordinance.
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(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 SB1944 - 13 - LRB096 10891 RLJ 21130 b 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 with a population of SB1944 Engrossed - 14 - LRB096 10891 RLJ 21130 b 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.
(11) Other provisions as are necessary and proper to SB1944 - 14 - LRB096 10891 RLJ 21130 b carry into effect the powers granted and purposes stated in this Section.
(c) Any municipality establishing vehicular standing, parking, compliance, or automated traffic law regulations SB1944 Engrossed - 15 - LRB096 10891 RLJ 21130 b under this Section may also provide by ordinance for a program of vehicle immobilization for the purpose of facilitating enforcement of those regulations.
(3) The right to a prompt hearing after a vehicle has SB1944 - 15 - LRB096 10891 RLJ 21130 b 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, or automated traffic law violations, SB1944 Engrossed - 16 - LRB096 10891 RLJ 21130 b or both, for which final determinations have been issued.
Completion of any required traffic education program and payment Payment in full of any fine or penalty resulting from a standing, parking, compliance, SB1944 - 16 - LRB096 10891 RLJ 21130 b or automated traffic law violation shall constitute a final disposition of that violation.
(f) After the expiration of the period within which judicial review may be sought for a final determination of SB1944 Engrossed - 17 - LRB096 10891 RLJ 21130 b parking, standing, compliance, or automated traffic law violation, the municipality may commence a proceeding in the Circuit Court for purposes of obtaining a judgment on the final determination of violation.
If the court is satisfied that the final determination of parking, standing, compliance, or automated traffic law violation was entered in accordance with the SB1944 - 17 - LRB096 10891 RLJ 21130 b 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 SB1944 Engrossed - 18 - LRB096 10891 RLJ 21130 b 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, compliance, or automated traffic law violation, plus costs.
(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.
(a) As used in this Section, "automated traffic law enforcement system" means a device with one or more motor vehicle sensors working in conjunction with a red light signal to produce recorded images of motor vehicles entering an intersection against a red signal indication in violation of Section 11-306 of this Code or a similar provision of a local SB1944 Engrossed - 19 - LRB096 10891 RLJ 21130 b ordinance.
An automated traffic law enforcement system is a system, in a municipality or county operated by a governmental agency, that produces a recorded image of a motor vehicle's violation of a provision of this Code or a local ordinance and is SB1944 - 18 - LRB096 10891 RLJ 21130 b designed to obtain a clear recorded image of the vehicle and the vehicle's license plate.
SB1944 Engrossed - 20 - LRB096 10891 RLJ 21130 b (d) For each violation of a provision of this Code or a local ordinance recorded by an automatic traffic law enforcement system, the county or municipality having jurisdiction shall issue a written notice of the violation to the registered owner of the vehicle as the alleged violator.
SB1944 - 19 - LRB096 10891 RLJ 21130 b The notice shall be delivered to the registered owner of the vehicle, by mail, within 30 days after the Secretary of State notifies the municipality or county of the identity of the owner of the vehicle, but in no event later than 90 days after the violation.
(9) a warning that failure to pay the civil penalty, to SB1944 Engrossed - 21 - LRB096 10891 RLJ 21130 b complete a required traffic education program, or to contest liability in a timely manner is an admission of liability and may result in a suspension of the driving privileges of the registered owner of the vehicle;
and (10) a statement that the person may elect to proceed SB1944 - 20 - LRB096 10891 RLJ 21130 b by:
(e) If a person charged with a traffic violation, as a result of an automated traffic law enforcement system, does not pay the fine or complete a required traffic education program, or both, or successfully contest the civil penalty resulting from that violation, the Secretary of State shall suspend the driving privileges of the registered owner of the vehicle under Section 6-306.5 of this Code for failing to complete a required traffic education program or to pay any fine or penalty due and owing, or both, as a result of 5 violations of the automated traffic law enforcement system.
(g) Recorded images made by an automatic traffic law SB1944 Engrossed - 22 - LRB096 10891 RLJ 21130 b enforcement system are confidential and shall be made available only to the alleged violator and governmental and law enforcement agencies for purposes of adjudicating a violation of this Section, for statistical purposes, or for other governmental purposes.
Any recorded image evidencing a SB1944 - 21 - LRB096 10891 RLJ 21130 b violation of this Section, however, may be admissible in any proceeding resulting from the issuance of the citation.
SB1944 Engrossed - 23 - LRB096 10891 RLJ 21130 b (j) Unless the driver of the motor vehicle received a Uniform Traffic Citation from a police officer at the time of the violation, the motor vehicle owner is subject to a civil penalty not exceeding $100 or the completion of a traffic education program, or both, plus an additional penalty of not SB1944 - 22 - LRB096 10891 RLJ 21130 b more than $100 for failure to pay the original penalty or to complete a required traffic education program, or both, in a timely manner, if the motor vehicle is recorded by an automated traffic law enforcement system.
(j-3) A registered owner who is a holder of a valid commercial driver's license is not required to complete a traffic education program.
(j-5) For purposes of the required traffic education program only, a registered owner may submit an affidavit to the court or hearing officer swearing that at the time of the alleged violation, the vehicle was in the custody and control of another person.
The affidavit must identify the person in custody and control of the vehicle, including the person's name and current address.
The person in custody and control of the vehicle at the time of the violation is required to complete the required traffic education program.
If the person in custody and control of the vehicle at the time of the violation SB1944 Engrossed - 24 - LRB096 10891 RLJ 21130 b completes the required traffic education program, the registered owner of the vehicle is not required to complete a traffic education program.
(n) 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.
This Act takes effect upon SB1944 Engrossed - 25 - LRB096 10891 RLJ 21130 b becoming law.
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Action History
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Session Sine Die
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Rule 19(a) / Re-referred to Rules Committee
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Assigned to Executive Committee
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Referred to Rules Committee
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First Reading
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Chief House Sponsor Rep. Jay C. Hoffman
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Placed on Calendar Order of First Reading
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Arrived in House
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Third Reading - Passed; 058-000-000
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Placed on Calendar Order of 3rd Reading March 25, 2009
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Second Reading
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Added as Chief Co-Sponsor Sen. Dale A. Righter
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Added as Chief Co-Sponsor Sen. John J. Millner
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Placed on Calendar Order of 2nd Reading March 12, 2009
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Do Pass as Amended Transportation; 011-000-000
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Senate Committee Amendment No. 1 Adopted
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Senate Committee Amendment No. 1 Assignments Refers to Transportation
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Senate Committee Amendment No. 1 Referred to Assignments
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Senate Committee Amendment No. 1 Filed with Secretary by Sen. Kwame Raoul
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Assigned to Transportation
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Referred to Assignments
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First Reading
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Filed with Secretary by Sen. Kwame Raoul
Sponsors
- Kwame Raoul · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →0 sponsors · 1 co-sponsors · 182 not signed on
Sponsors (0)
None.
Co-sponsors (1)
- Kwame Raoul
Not signed on (182)
182 members have not signed on to this bill.
Show all 182 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 49 | 0 | 0 | 0 |
| Democrat | 9 | 0 | 0 | 0 |
| Republican | 0 | 0 | 0 | 1 |
| Total | 58 | 0 | 0 | 1 |
| % of votes cast | 98% | 0% | 0% | 2% |
How each member voted (59)
| Member | Party | Vote |
|---|---|---|
| Hendon | — | Yea |
| Hultgren | — | Yea |
| Lauzen | — | Yea |
| Link | — | Yea |
| Luechtefeld | — | Yea |
| Maloney | — | Yea |
| McCarter | — | Yea |
| Meeks | — | Yea |
| Millner | — | Yea |
| Demuzio | — | Yea |
| Noland | — | Yea |
| Jacobs | — | Yea |
| Radogno | — | Yea |
| Schoenberg | — | Yea |
| Silverstein | — | Yea |
| Steans | — | Yea |
| Munoz | — | Yea |
| Jones, J. | — | Yea |
| Trotter | — | Yea |
| Brady | — | Yea |
| Sullivan | — | Yea |
| Viverito | — | Yea |
| Wilhelmi | — | Yea |
| Cullerton | — | Yea |
| Clayborne | — | Yea |
| Cronin | — | Yea |
| Crotty | — | Yea |
| Dahl | — | Yea |
| Dillard | — | Yea |
| Duffy | — | Yea |
| Forby | — | Yea |
| Frerichs | — | Yea |
| Haine | — | Yea |
| Hutchinson | — | Yea |
| Kotowski | — | Yea |
| Pankau | — | Yea |
| Raoul | — | Yea |
| Righter | — | Yea |
| Risinger | — | Yea |
| Rutherford | — | Yea |
| Sandoval | — | Yea |
| Althoff | — | Yea |
| Martinez | — | Yea |
| Bivins | — | Yea |
| Bomke | — | Yea |
| Bond | — | Yea |
| Burzynski | — | Yea |
| DeLeo | — | Yea |
| Garrett | — | Yea |
| David Koehler | Democrat | Yea |
| Don Harmon | Democrat | Yea |
| Emil Jones, III | Democrat | Yea |
| Eva-Dina Delgado | Democrat | Yea |
| Kimberly A. Lightford | Democrat | Yea |
| Lakesia Collins | Democrat | Yea |
| Laura M. Murphy | Democrat | Yea |
| Linda Holmes | Democrat | Yea |
| Mattie Hunter | Democrat | Yea |
| Dave Syverson | Republican | Not Voting |
Subjects
Frequently asked questions
- What does SB 1944 do?
- Amends the Illinois Municipal Code. Provides that the corporate authorities of each municipality may require a defendant to complete an education program for each ordinance violation committed. Amends the Illinois Vehicle Code. Provides that a vehicle owner may have to complete a traffic education program for a violation of the Illinois Vehicle Code or a local ordinance recorded by an automated traffic law enforcement system. In a provision authorizing municipalities to provide for a system of administrative adjudication for violations of parking, standing, compliance, and automated traffic laws, provides that the administrative system shall have the authority to adjudicate any civil offense carrying a fine not in excess of $250 or "requiring the completion of a traffic education program, or both". Provides that the notice of a parking, standing, compliance, or automated traffic law violation shall specify any requirement to complete a traffic education program. Specifies other notice requirements. In a provision pertaining to vehicle immobilization, adds that a vehicle shall be eligible for immobilization when the registered owner of the vehicle has failed to complete a specific number of traffic education programs as determined by ordinance. Effective immediately.
- Who sponsors SB 1944?
- SB 1944 is sponsored by Kwame Raoul.
- What is the current status of SB 1944?
- This bill died with 96th Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track SB 1944?
- Track SB 1944 free on One Click Politics — get push/email alerts when it moves.
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