State of Illinois
91st General Assembly
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Public Act 91-0277

SB1033 Enrolled                                LRB9105924KSgc

    AN ACT to amend  the  Illinois  Vehicle  Code  by  adding
Sections 3-704.2 and 6-306.7.

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section 5.  The  Illinois  Vehicle  Code  is  amended  by
adding Sections 3-704.2 and 6-306.7 as follows:

    (625 ILCS 5/3-704.2 new)
    Sec.  3-704.2.  Failure to satisfy fines or penalties for
toll  violations   or   evasions;   suspension   of   vehicle
registration.
    (a)  Upon receipt of a certified report, as prescribed by
subsection  (c)  of  this Section, from the Authority stating
that the owner of a registered vehicle has failed to  satisfy
any  fine  or  penalty resulting from a final order issued by
the Authority relating directly or indirectly to  5  or  more
toll  violations,  toll  evasions,  or both, the Secretary of
State shall suspend the vehicle registration of the person in
accordance with the procedures set forth in this Section.
    (b)  Following receipt of the  certified  report  of  the
Authority as specified in the Section, the Secretary of State
shall  notify  the person whose name appears on the certified
report  that  the  person's  vehicle  registration  will   be
suspended  at  the  end  of  a  specified  period  unless the
Secretary of State  is  presented  with  a  notice  from  the
Authority  certifying  that  the fines or penalties owing the
Authority have been  satisfied  or  that  inclusion  of  that
person's  name  on  the  certified  report was in error.  The
Secretary's notice shall state in substance  the  information
contained   in   the  Authority's  certified  report  to  the
Secretary, and shall be effective as specified by  subsection
(c) of Section 6-211 of this Code.
    (c)  The   report   from   the  Authority  notifying  the
Secretary of unsatisfied fines or penalties pursuant to  this
Section shall be certified and shall contain the following:
         (1)  The  name,  last  known  address,  and driver's
    license number of the person who failed  to  satisfy  the
    fines  or  penalties  and  the registration number of any
    vehicle known to be registered  in  this  State  to  that
    person.
         (2)  A statement that the Authority sent a notice of
    impending  suspension  of  the person's driver's license,
    vehicle registration,  or both, as  prescribed  by  rules
    enacted pursuant to subsection (a-5) of Section 10 of the
    Toll  Highway  Act,  to the person named in the report at
    the address recorded with the  Secretary  of  State;  the
    date  on  which  the  notice was sent; and the address to
    which the notice was sent.
    (d)  The Authority, after making a  certified  report  to
the  Secretary  pursuant  to  this  Section, shall notify the
Secretary, on a form prescribed by the Secretary, whenever  a
person  named  in  the  certified  report  has  satisfied the
previously  reported  fines  or  penalties  or  whenever  the
Authority determines that the original report was  in  error.
A certified copy of the notification shall also be given upon
request  and  at  no  additional  charge  to the person named
therein.  Upon receipt of  the  Authority's  notification  or
presentation  of  a  certified  copy of the notification, the
Secretary shall terminate the suspension.
    (e)  The Authority shall, by rule,  establish  procedures
for persons to challenge the accuracy of the certified report
made  pursuant  to this Section.  The rule shall also provide
the grounds for a challenge, which may be limited to:
         (1)  the person not having been the owner or  lessee
    of  the  vehicle  or  vehicles  receiving  5 or more toll
    violation or toll evasion notices on the  date  or  dates
    the notices were issued; or
         (2)  the  person  having already satisfied the fines
    or penalties for the 5 or more toll  violations  or  toll
    evasions indicated on the certified report.
    (f)  All   notices  sent  by  the  Authority  to  persons
involved in administrative adjudications, hearings, and final
orders issued pursuant to rules implementing subsection (a-5)
of Section 10 of  the  Toll  Highway  Act  shall  state  that
failure  to  satisfy  any  fine  or  penalty  imposed  by the
Authority shall result in the Secretary of  State  suspending
the driving privileges, vehicle registration, or both, of the
person  failing  to satisfy the fines or penalties imposed by
the Authority.
    (g)  A person may request an  administrative  hearing  to
contest an impending suspension or a suspension made pursuant
to  this  Section  upon  filing  a  written  request with the
Secretary.  The filing fee for this hearing  is  $20,  to  be
paid  at  the  time  of  the  request.   The  Authority shall
reimburse the Secretary for all reasonable costs incurred  by
the Secretary as a result of the filing of a certified report
pursuant  to this Section, including, but not limited to, the
costs of providing notice required pursuant to subsection (b)
and the costs  incurred  by  the  Secretary  in  any  hearing
conducted  with  respect  to  the  report  pursuant  to  this
subsection and any appeal from that hearing.
    (h)  The Secretary and the Authority may promulgate rules
to enable them to carry out their duties under this Section.
    (i)  The  Authority shall cooperate with the Secretary in
the administration of this  Section  and  shall  provide  the
Secretary   with  any  information  the  Secretary  may  deem
necessary for these purposes, including  regular  and  timely
access to toll violation enforcement records.
    The  Secretary  shall cooperate with the Authority in the
administration  of  this  Section  and  shall   provide   the
Authority   with  any  information  the  Authority  may  deem
necessary for the purposes of this Section, including regular
and timely access to vehicle registration  records.   Section
2-123  of  this Code shall not apply to the provision of this
information, but the Secretary shall be  reimbursed  for  the
cost of providing this information.
    (j)  For  purposes  of this Section, the term "Authority"
means the Illinois State Toll Highway Authority.

    (625 ILCS 5/6-306.7 new)
    Sec. 6-306.7.  Failure to satisfy fines or penalties  for
toll   violations   or   evasions;   suspension   of  driving
privileges.
    (a)  Upon receipt of a certified report, as prescribed by
subsection (c) of this Section, from  the  Authority  stating
that  the owner of a registered vehicle has failed to satisfy
any fine or penalty resulting from a final  order  issued  by
the  Authority  relating  directly or indirectly to 5 or more
toll violations, toll evasions, or  both,  the  Secretary  of
State  shall  suspend the driving privileges of the person in
accordance with the procedures set forth in this Section.
    (b)  Following receipt of the  certified  report  of  the
Authority as specified in the Section, the Secretary of State
shall  notify  the person whose name appears on the certified
report that the person's driver's license will  be  suspended
at  the  end  of  a  specified period unless the Secretary of
State  is  presented  with  a  notice  from   the   Authority
certifying  that  the  fines or penalties owing the Authority
have been satisfied or that inclusion of that  person's  name
on the certified report was in error.  The Secretary's notice
shall  state  in  substance  the information contained in the
Authority's certified report to the Secretary, and  shall  be
effective  as specified by subsection (c) of Section 6-211 of
this Code.
    (c)  The  report  from  the   Authority   notifying   the
Secretary  of unsatisfied fines or penalties pursuant to this
Section shall be certified and shall contain the following:
         (1)  The name,  last  known  address,  and  driver's
    license  number  of  the person who failed to satisfy the
    fines or penalties and the  registration  number  of  any
    vehicle  known  to  be  registered  in this State to that
    person.
         (2)  A statement that the Authority sent a notice of
    impending suspension of the  person's  driver's  license,
    vehicle  registration,    or both, as prescribed by rules
    enacted pursuant to subsection (a-5) of Section 10 of the
    Toll Highway Act, to the person named in  the  report  at
    the  address  recorded  with  the Secretary of State; the
    date on which the notice was sent;  and  the  address  to
    which the notice was sent.
    (d)  The  Authority,  after  making a certified report to
the Secretary pursuant to  this  Section,  shall  notify  the
Secretary,  on a form prescribed by the Secretary, whenever a
person named  in  the  certified  report  has  satisfied  the
previously  reported  fines  or  penalties  or  whenever  the
Authority  determines  that the original report was in error.
A certified copy of the notification shall also be given upon
request and at no  additional  charge  to  the  person  named
therein.   Upon  receipt  of  the Authority's notification or
presentation of a certified copy  of  the  notification,  the
Secretary shall terminate the suspension.
    (e)  The  Authority  shall, by rule, establish procedures
for persons to challenge the accuracy of the certified report
made pursuant to this Section.  The rule shall  also  provide
the grounds for a challenge, which may be limited to:
         (1)  the  person not having been the owner or lessee
    of the vehicle or  vehicles  receiving  5  or  more  toll
    violations  or  toll evasion notices on the date or dates
    the notices were issued; or
         (2)  the person having already satisfied  the  fines
    or  penalties  for  the 5 or more toll violations or toll
    evasions indicated on the certified report.
    (f)  All  notices  sent  by  the  Authority  to   persons
involved in administrative adjudications, hearings, and final
orders issued pursuant to rules implementing subsection (a-5)
of  Section  10  of  the  Toll  Highway  Act shall state that
failure to  satisfy  any  fine  or  penalty  imposed  by  the
Authority  shall  result in the Secretary of State suspending
the driving privileges, vehicle registration, or both, of the
person failing to satisfy the fines or penalties  imposed  by
the Authority.
    (g)  A  person  may  request an administrative hearing to
contest an impending suspension or a suspension made pursuant
to this Section  upon  filing  a  written  request  with  the
Secretary.   The  filing  fee  for this hearing is $20, to be
paid at  the  time  of  the  request.   The  Authority  shall
reimburse  the Secretary for all reasonable costs incurred by
the Secretary as a result of the filing of a certified report
pursuant to this Section, including, but not limited to,  the
costs of providing notice required pursuant to subsection (b)
and  the  costs  incurred  by  the  Secretary  in any hearing
conducted  with  respect  to  the  report  pursuant  to  this
subsection and any appeal from that hearing.
    (h)  The Secretary and the Authority may promulgate rules
to enable them to carry out their duties under this Section.
    (i)  The Authority shall cooperate with the Secretary  in
the  administration  of  this  Section  and shall provide the
Secretary  with  any  information  the  Secretary  may   deem
necessary  for  these  purposes, including regular and timely
access to toll violation enforcement records.
    The Secretary shall cooperate with the Authority  in  the
administration   of   this  Section  and  shall  provide  the
Authority  with  any  information  the  Authority  may   deem
necessary for the purposes of this Section, including regular
and  timely  access to vehicle registration records.  Section
2-123 of this Code shall not apply to the provision  of  this
information,  but  the  Secretary shall be reimbursed for the
cost of providing this information.
    (j)  For purposes of this Section, the  term  "Authority"
means the Illinois State Toll Highway Authority.

    Section  99.  Effective  date.   This Act takes effect on
January 1, 2000.

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