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| [ Introduced ] | [ Engrossed ] | [ Senate Amendment 001 ] |
91_SB1033enr SB1033 Enrolled LRB9105924KSgc 1 AN ACT to amend the Illinois Vehicle Code by adding 2 Sections 3-704.2 and 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 Sections 3-704.2 and 6-306.7 as follows: 7 (625 ILCS 5/3-704.2 new) 8 Sec. 3-704.2. Failure to satisfy fines or penalties for 9 toll violations or evasions; suspension of vehicle 10 registration. 11 (a) Upon receipt of a certified report, as prescribed by 12 subsection (c) of this Section, from the Authority stating 13 that the owner of a registered vehicle has failed to satisfy 14 any fine or penalty resulting from a final order issued by 15 the Authority relating directly or indirectly to 5 or more 16 toll violations, toll evasions, or both, the Secretary of 17 State shall suspend the vehicle registration of the person in 18 accordance with the procedures set forth in this Section. 19 (b) Following receipt of the certified report of the 20 Authority as specified in the Section, the Secretary of State 21 shall notify the person whose name appears on the certified 22 report that the person's vehicle registration will be 23 suspended at the end of a specified period unless the 24 Secretary of State is presented with a notice from the 25 Authority certifying that the fines or penalties owing the 26 Authority have been satisfied or that inclusion of that 27 person's name on the certified report was in error. The 28 Secretary's notice shall state in substance the information 29 contained in the Authority's certified report to the 30 Secretary, and shall be effective as specified by subsection 31 (c) of Section 6-211 of this Code. SB1033 Enrolled -2- LRB9105924KSgc 1 (c) The report from the Authority notifying the 2 Secretary of unsatisfied fines or penalties pursuant to this 3 Section shall be certified and shall contain the following: 4 (1) The name, last known address, and driver's 5 license number of the person who failed to satisfy the 6 fines or penalties and the registration number of any 7 vehicle known to be registered in this State to that 8 person. 9 (2) A statement that the Authority sent a notice of 10 impending suspension of the person's driver's license, 11 vehicle registration, or both, as prescribed by rules 12 enacted pursuant to subsection (a-5) of Section 10 of the 13 Toll Highway Act, to the person named in the report at 14 the address recorded with the Secretary of State; the 15 date on which the notice was sent; and the address to 16 which the notice was sent. 17 (d) The Authority, after making a certified report to 18 the Secretary pursuant to this Section, shall notify the 19 Secretary, on a form prescribed by the Secretary, whenever a 20 person named in the certified report has satisfied the 21 previously reported fines or penalties or whenever the 22 Authority determines that the original report was in error. 23 A certified copy of the notification shall also be given upon 24 request and at no additional charge to the person named 25 therein. Upon receipt of the Authority's notification or 26 presentation of a certified copy of the notification, the 27 Secretary shall terminate the suspension. 28 (e) The Authority shall, by rule, establish procedures 29 for persons to challenge the accuracy of the certified report 30 made pursuant to this Section. The rule shall also provide 31 the grounds for a challenge, which may be limited to: 32 (1) the person not having been the owner or lessee 33 of the vehicle or vehicles receiving 5 or more toll 34 violation or toll evasion notices on the date or dates SB1033 Enrolled -3- LRB9105924KSgc 1 the notices were issued; or 2 (2) the person having already satisfied the fines 3 or penalties for the 5 or more toll violations or toll 4 evasions indicated on the certified report. 5 (f) All notices sent by the Authority to persons 6 involved in administrative adjudications, hearings, and final 7 orders issued pursuant to rules implementing subsection (a-5) 8 of Section 10 of the Toll Highway Act shall state that 9 failure to satisfy any fine or penalty imposed by the 10 Authority shall result in the Secretary of State suspending 11 the driving privileges, vehicle registration, or both, of the 12 person failing to satisfy the fines or penalties imposed by 13 the Authority. 14 (g) A person may request an administrative hearing to 15 contest an impending suspension or a suspension made pursuant 16 to this Section upon filing a written request with the 17 Secretary. The filing fee for this hearing is $20, to be 18 paid at the time of the request. The Authority shall 19 reimburse the Secretary for all reasonable costs incurred by 20 the Secretary as a result of the filing of a certified report 21 pursuant to this Section, including, but not limited to, the 22 costs of providing notice required pursuant to subsection (b) 23 and the costs incurred by the Secretary in any hearing 24 conducted with respect to the report pursuant to this 25 subsection and any appeal from that hearing. 26 (h) The Secretary and the Authority may promulgate rules 27 to enable them to carry out their duties under this Section. 28 (i) The Authority shall cooperate with the Secretary in 29 the administration of this Section and shall provide the 30 Secretary with any information the Secretary may deem 31 necessary for these purposes, including regular and timely 32 access to toll violation enforcement records. 33 The Secretary shall cooperate with the Authority in the 34 administration of this Section and shall provide the SB1033 Enrolled -4- LRB9105924KSgc 1 Authority with any information the Authority may deem 2 necessary for the purposes of this Section, including regular 3 and timely access to vehicle registration records. Section 4 2-123 of this Code shall not apply to the provision of this 5 information, but the Secretary shall be reimbursed for the 6 cost of providing this information. 7 (j) For purposes of this Section, the term "Authority" 8 means the Illinois State Toll Highway Authority. 9 (625 ILCS 5/6-306.7 new) 10 Sec. 6-306.7. Failure to satisfy fines or penalties for 11 toll violations or evasions; suspension of driving 12 privileges. 13 (a) Upon receipt of a certified report, as prescribed by 14 subsection (c) of this Section, from the Authority stating 15 that the owner of a registered vehicle has failed to satisfy 16 any fine or penalty resulting from a final order issued by 17 the Authority relating directly or indirectly to 5 or more 18 toll violations, toll evasions, or both, the Secretary of 19 State shall suspend the driving privileges of the person in 20 accordance with the procedures set forth in this Section. 21 (b) Following receipt of the certified report of the 22 Authority as specified in the Section, the Secretary of State 23 shall notify the person whose name appears on the certified 24 report that the person's driver's license will be suspended 25 at the end of a specified period unless the Secretary of 26 State is presented with a notice from the Authority 27 certifying that the fines or penalties owing the Authority 28 have been satisfied or that inclusion of that person's name 29 on the certified report was in error. The Secretary's notice 30 shall state in substance the information contained in the 31 Authority's certified report to the Secretary, and shall be 32 effective as specified by subsection (c) of Section 6-211 of 33 this Code. SB1033 Enrolled -5- LRB9105924KSgc 1 (c) The report from the Authority notifying the 2 Secretary of unsatisfied fines or penalties pursuant to this 3 Section shall be certified and shall contain the following: 4 (1) The name, last known address, and driver's 5 license number of the person who failed to satisfy the 6 fines or penalties and the registration number of any 7 vehicle known to be registered in this State to that 8 person. 9 (2) A statement that the Authority sent a notice of 10 impending suspension of the person's driver's license, 11 vehicle registration, or both, as prescribed by rules 12 enacted pursuant to subsection (a-5) of Section 10 of the 13 Toll Highway Act, to the person named in the report at 14 the address recorded with the Secretary of State; the 15 date on which the notice was sent; and the address to 16 which the notice was sent. 17 (d) The Authority, after making a certified report to 18 the Secretary pursuant to this Section, shall notify the 19 Secretary, on a form prescribed by the Secretary, whenever a 20 person named in the certified report has satisfied the 21 previously reported fines or penalties or whenever the 22 Authority determines that the original report was in error. 23 A certified copy of the notification shall also be given upon 24 request and at no additional charge to the person named 25 therein. Upon receipt of the Authority's notification or 26 presentation of a certified copy of the notification, the 27 Secretary shall terminate the suspension. 28 (e) The Authority shall, by rule, establish procedures 29 for persons to challenge the accuracy of the certified report 30 made pursuant to this Section. The rule shall also provide 31 the grounds for a challenge, which may be limited to: 32 (1) the person not having been the owner or lessee 33 of the vehicle or vehicles receiving 5 or more toll 34 violations or toll evasion notices on the date or dates SB1033 Enrolled -6- LRB9105924KSgc 1 the notices were issued; or 2 (2) the person having already satisfied the fines 3 or penalties for the 5 or more toll violations or toll 4 evasions indicated on the certified report. 5 (f) All notices sent by the Authority to persons 6 involved in administrative adjudications, hearings, and final 7 orders issued pursuant to rules implementing subsection (a-5) 8 of Section 10 of the Toll Highway Act shall state that 9 failure to satisfy any fine or penalty imposed by the 10 Authority shall result in the Secretary of State suspending 11 the driving privileges, vehicle registration, or both, of the 12 person failing to satisfy the fines or penalties imposed by 13 the Authority. 14 (g) A person may request an administrative hearing to 15 contest an impending suspension or a suspension made pursuant 16 to this Section upon filing a written request with the 17 Secretary. The filing fee for this hearing is $20, to be 18 paid at the time of the request. The Authority shall 19 reimburse the Secretary for all reasonable costs incurred by 20 the Secretary as a result of the filing of a certified report 21 pursuant to this Section, including, but not limited to, the 22 costs of providing notice required pursuant to subsection (b) 23 and the costs incurred by the Secretary in any hearing 24 conducted with respect to the report pursuant to this 25 subsection and any appeal from that hearing. 26 (h) The Secretary and the Authority may promulgate rules 27 to enable them to carry out their duties under this Section. 28 (i) The Authority shall cooperate with the Secretary in 29 the administration of this Section and shall provide the 30 Secretary with any information the Secretary may deem 31 necessary for these purposes, including regular and timely 32 access to toll violation enforcement records. 33 The Secretary shall cooperate with the Authority in the 34 administration of this Section and shall provide the SB1033 Enrolled -7- LRB9105924KSgc 1 Authority with any information the Authority may deem 2 necessary for the purposes of this Section, including regular 3 and timely access to vehicle registration records. Section 4 2-123 of this Code shall not apply to the provision of this 5 information, but the Secretary shall be reimbursed for the 6 cost of providing this information. 7 (j) For purposes of this Section, the term "Authority" 8 means the Illinois State Toll Highway Authority. 9 Section 99. Effective date. This Act takes effect on 10 January 1, 2000.