Full Text of SB1879 100th General Assembly
SB1879 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 SB1879 Introduced 2/10/2017, by Sen. James F. Clayborne, Jr. SYNOPSIS AS INTRODUCED: | | |
Amends the Illinois Vehicle Code. Makes a technical change in a
Section concerning failure to satisfy fines for toll violations.
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| | A BILL FOR |
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| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Vehicle Code is amended by changing | 5 | | Section 3-704.2 as follows:
| 6 | | (625 ILCS 5/3-704.2)
| 7 | | Sec. 3-704.2.
Failure to satisfy fines or penalties for | 8 | | toll violations or
evasions; suspension of vehicle | 9 | | registration.
| 10 | | (a) Upon receipt of a certified report, as prescribed by | 11 | | subsection (c) of
this Section, from the
the Authority stating | 12 | | that the owner of a registered vehicle
has failed to satisfy | 13 | | any fine or penalty resulting from a final order issued
by the | 14 | | Authority relating directly or indirectly to 5 or more toll | 15 | | violations,
toll evasions, or both, the Secretary of State | 16 | | shall suspend
the vehicle registration of the person in
| 17 | | accordance with the procedures set forth in this Section. | 18 | | (b) Following receipt of the certified report of the | 19 | | Authority as specified
in the Section, the Secretary of State | 20 | | shall notify the person whose name
appears on the certified | 21 | | report that the person's vehicle
registration will be suspended | 22 | | at the end of a specified period
unless the Secretary of State | 23 | | is presented with a notice from the
Authority certifying that |
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| 1 | | the fines or penalties owing the Authority have been
satisfied | 2 | | or that inclusion of that person's name on the certified report | 3 | | was
in error. The Secretary's notice shall state in substance | 4 | | the information
contained in the Authority's certified report | 5 | | to the Secretary, and shall be
effective as specified by | 6 | | subsection (c) of Section 6-211 of this Code.
| 7 | | (c) The report from the Authority notifying the Secretary | 8 | | of unsatisfied
fines
or penalties pursuant to this Section | 9 | | shall be certified and shall contain the
following:
| 10 | | (1) The name, last known address, and driver's license | 11 | | number of the
person
who failed to satisfy the fines or | 12 | | penalties and the registration number of any
vehicle known | 13 | | to be registered in this State to that person.
| 14 | | (2) A statement that the Authority sent a notice of | 15 | | impending suspension
of the person's driver's
license, | 16 | | vehicle registration,
or both, as prescribed by rules | 17 | | enacted pursuant to subsection (a-5) of
Section
10 of the | 18 | | Toll Highway Act, to the person named in the report at the
| 19 | | address recorded with the Secretary of State; the date on | 20 | | which the notice was
sent; and the address to which the | 21 | | notice was sent.
| 22 | | (d) The Authority, after making a certified report to the | 23 | | Secretary
pursuant to this Section, shall notify the Secretary, | 24 | | on a form prescribed by
the Secretary, whenever a person named | 25 | | in the certified report has satisfied
the previously reported | 26 | | fines or penalties or whenever the Authority determines
that |
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| 1 | | the original report was in error. A certified copy of the | 2 | | notification
shall also be given upon request and at no | 3 | | additional charge to the person
named therein. Upon receipt of | 4 | | the Authority's notification or presentation of
a certified | 5 | | copy of the notification, the Secretary shall terminate
the | 6 | | suspension.
| 7 | | (e) The Authority shall, by rule, establish procedures for | 8 | | persons to
challenge the accuracy of the certified report made | 9 | | pursuant to this Section.
The
rule shall also provide the | 10 | | grounds for a challenge, which may be
limited to:
| 11 | | (1) the person not having been the owner or lessee of | 12 | | the vehicle
or
vehicles receiving 5 or more toll violation | 13 | | or toll evasion notices on the date
or dates the notices | 14 | | were issued; or
| 15 | | (2) the person having already satisfied
the fines or | 16 | | penalties for the 5 or more toll violations or toll | 17 | | evasions
indicated on the certified report.
| 18 | | (f) All notices sent by the Authority to persons involved | 19 | | in administrative
adjudications, hearings, and final orders | 20 | | issued pursuant to rules
implementing subsection (a-5) of | 21 | | Section 10 of the Toll Highway Act shall state
that failure
to | 22 | | satisfy any fine or penalty imposed by the Authority shall | 23 | | result in the
Secretary of State suspending the driving | 24 | | privileges, vehicle registration,
or both, of the person | 25 | | failing to satisfy the fines or penalties imposed by the
| 26 | | Authority.
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| 1 | | (g) A person may request an administrative hearing to | 2 | | contest an impending
suspension or a
suspension made
pursuant | 3 | | to this Section upon filing a written request with the
| 4 | | Secretary. The filing fee for this hearing is $20, to be paid
| 5 | | at the time of the request. The Authority shall reimburse the | 6 | | Secretary
for all reasonable costs incurred by the Secretary as | 7 | | a result of the
filing of a certified report pursuant to this | 8 | | Section, including, but not
limited to, the costs of providing | 9 | | notice required pursuant to subsection (b)
and the costs | 10 | | incurred
by the Secretary in any hearing conducted with respect | 11 | | to the report pursuant
to this subsection and any appeal from | 12 | | that hearing.
| 13 | | (h) The Secretary and the Authority may promulgate rules to | 14 | | enable
them to carry out their duties under this Section.
| 15 | | (i) The Authority shall cooperate with the Secretary in the
| 16 | | administration of this Section and shall provide the Secretary | 17 | | with any
information the Secretary may deem necessary for these | 18 | | purposes, including
regular and timely access to toll violation | 19 | | enforcement records.
| 20 | | The Secretary shall cooperate with the Authority in the
| 21 | | administration of this Section and shall provide the Authority | 22 | | with any
information the Authority may deem necessary for the | 23 | | purposes of this Section,
including regular and timely access | 24 | | to vehicle registration records. Section
2-123 of this Code | 25 | | shall not apply to the provision of this information, but
the | 26 | | Secretary shall be reimbursed for the cost of providing this |
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| 1 | | information.
| 2 | | (j) For purposes of this Section, the term "Authority" | 3 | | means the
Illinois State Toll Highway Authority.
| 4 | | (Source: P.A. 91-277, eff. 1-1-00.)
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