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| [ House Amendment 001 ] |
91_HB2262
LRB9104168KSks
1 AN ACT to amend the Illinois Vehicle Code by adding
2 Section 6-306.7.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Vehicle Code is amended by
6 adding Section 6-306.7 as follows:
7 (625 ILCS 5/6-306.7 new)
8 Sec. 6-306.7. Failure to pay costs associated with
9 police tows.
10 (a) Whenever a person fails to pay any costs associated
11 with the towing of a vehicle by the police, pursuant to
12 Section 4-204 of this Code, including, but not limited to,
13 the costs of towing, storage, removal processing, and
14 collection, and the costs associated with the towing of the
15 vehicle, are not satisfied in full through the sale or lawful
16 disposition of the vehicle as authorized in Section 4-204,
17 the municipality shall notify the owner, operator, or other
18 person legally entitled to the vehicle at the time it was
19 towed, that the vehicle has been sold and that the amount of
20 the proceeds from the sale or disposition were insufficient
21 to cover the costs associated with the towing, storage, and
22 removal. Notification shall be made within 10 days of the
23 date of the vehicle's sale or other disposition of the
24 vehicle and shall include the amount still owed to the
25 municipality. If the person notified fails to pay the costs
26 set forth in the notification within 45 days of the date of
27 the notice, the municipality may forward a certified report
28 to the Secretary of State indicating the person's failure to
29 pay the costs.
30 (b) Following receipt of the certified report of the
31 municipality as specified in subsection (a), the Secretary of
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1 State shall suspend the driving privileges of the person in
2 accordance with the procedures of this Section.
3 (c) Following receipt of the certified report of the
4 municipality as specified in this Section, the Secretary of
5 State shall notify the person whose name appears on the
6 certified report that the person's driver's license will be
7 suspended at the end of a specified period of time unless the
8 Secretary of State is presented with a notice from the
9 municipality certifying that the fine or penalty due and
10 owing the municipality has been paid or that inclusion of
11 that person's name on the certified report was in error. The
12 Secretary's notice shall state in substance the information
13 contained in the municipality's certified report to the
14 Secretary, and shall be effective as specified by subsection
15 (c) of Section 6-211 of this Code.
16 (d) The report of the appropriate municipal official
17 notifying the Secretary of State of unpaid police towing
18 costs pursuant to this Section shall be certified and shall
19 contain the following:
20 (1) The name, last known address, and driver's
21 license number of the person who failed to pay the police
22 towing costs and the registration number of any vehicle
23 known to be registered to the person in this State.
24 (2) The name of the municipality making the report
25 pursuant to this Section.
26 (3) A statement that the municipality sent a notice
27 of impending driver's license suspension to the person
28 named in the report at the address recorded with the
29 Secretary of State; the date on which the notice was
30 sent; and the address to which the notice was sent. In a
31 municipality with a population of 1,000,000 or more, the
32 report shall also include a statement that the alleged
33 violator's State vehicle registration number and vehicle
34 make are correct as they appear on the citations.
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1 (e) Any municipality making a certified report to the
2 Secretary of State pursuant to this Section shall notify the
3 Secretary of State, in a form prescribed by the Secretary,
4 whenever a person named in the certified report has paid the
5 previously reported costs or whenever the municipality
6 determines that the original report was in error. A
7 certified copy of the notification shall also be given upon
8 request and at no additional charge to the person named in
9 the report. Upon receipt of the municipality's notification
10 or presentation of a certified copy of the notification, the
11 Secretary of State shall terminate the suspension.
12 (f) Any municipality making a certified report to the
13 Secretary of State pursuant to this Section shall, by
14 ordinance, establish procedures for persons to challenge the
15 accuracy of the certified report. The ordinance shall also
16 state the grounds for the challenge, which may be limited to
17 (i) the person not having been the owner or lessee of the
18 vehicle or vehicles on the date or dates notices were issued;
19 and (ii) the person having already paid the costs indicated
20 on the certified report.
21 (g) An administrative hearing to contest an impending
22 suspension or a suspension made pursuant to this Section may
23 be had upon filing a written request with the Secretary of
24 State. The filing fee for this hearing shall be $20, to be
25 paid at the time the request is made. A municipality that
26 files a certified report with the Secretary of State pursuant
27 to this Section shall reimburse the Secretary for all
28 reasonable costs incurred by the Secretary as a result of the
29 filing of the report, including but not limited to the costs
30 of providing the notice required pursuant to subsection (b)
31 and the costs incurred by the Secretary in any hearing
32 conducted with respect to the report pursuant to this
33 subsection and any appeal from such a hearing.