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91_SB1033sam001
LRB9105924WHmbam01
1 AMENDMENT TO SENATE BILL 1033
2 AMENDMENT NO. . Amend Senate Bill 1033 by replacing
3 the title with the following:
4 "AN ACT to amend the Illinois Vehicle Code by adding
5 Sections 3-704.2 and 6-306.7."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Illinois Vehicle Code is amended by
9 adding Sections 3-704.2 and 6-306.7 as follows:
10 (625 ILCS 5/3-704.2 new)
11 Sec. 3-704.2. Failure to satisfy fines or penalties for
12 toll violations or evasions; suspension of vehicle
13 registration.
14 (a) Upon receipt of a certified report, as prescribed by
15 subsection (c) of this Section, from the Authority stating
16 that the owner of a registered vehicle has failed to satisfy
17 any fine or penalty resulting from a final order issued by
18 the Authority relating directly or indirectly to 5 or more
19 toll violations, toll evasions, or both, the Secretary of
20 State shall suspend the vehicle registration of the person in
21 accordance with the procedures set forth in this Section.
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1 (b) Following receipt of the certified report of the
2 Authority as specified in the Section, the Secretary of State
3 shall notify the person whose name appears on the certified
4 report that the person's vehicle registration will be
5 suspended at the end of a specified period unless the
6 Secretary of State is presented with a notice from the
7 Authority certifying that the fines or penalties owing the
8 Authority have been satisfied or that inclusion of that
9 person's name on the certified report was in error. The
10 Secretary's notice shall state in substance the information
11 contained in the Authority's certified report to the
12 Secretary, and shall be effective as specified by subsection
13 (c) of Section 6-211 of this Code.
14 (c) The report from the Authority notifying the
15 Secretary of unsatisfied fines or penalties pursuant to this
16 Section shall be certified and shall contain the following:
17 (1) The name, last known address, and driver's
18 license number of the person who failed to satisfy the
19 fines or penalties and the registration number of any
20 vehicle known to be registered in this State to that
21 person.
22 (2) A statement that the Authority sent a notice of
23 impending suspension of the person's driver's license,
24 vehicle registration, or both, as prescribed by rules
25 enacted pursuant to subsection (a-5) of Section 10 of the
26 Toll Highway Act, to the person named in the report at
27 the address recorded with the Secretary of State; the
28 date on which the notice was sent; and the address to
29 which the notice was sent.
30 (d) The Authority, after making a certified report to
31 the Secretary pursuant to this Section, shall notify the
32 Secretary, on a form prescribed by the Secretary, whenever a
33 person named in the certified report has satisfied the
34 previously reported fines or penalties or whenever the
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1 Authority determines that the original report was in error.
2 A certified copy of the notification shall also be given upon
3 request and at no additional charge to the person named
4 therein. Upon receipt of the Authority's notification or
5 presentation of a certified copy of the notification, the
6 Secretary shall terminate the suspension.
7 (e) The Authority shall, by rule, establish procedures
8 for persons to challenge the accuracy of the certified report
9 made pursuant to this Section. The rule shall also provide
10 the grounds for a challenge, which may be limited to:
11 (1) the person not having been the owner or lessee
12 of the vehicle or vehicles receiving 5 or more toll
13 violation or toll evasion notices on the date or dates
14 the notices were issued; or
15 (2) the person having already satisfied the fines
16 or 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
19 involved in administrative adjudications, hearings, and final
20 orders issued pursuant to rules implementing subsection (a-5)
21 of Section 10 of the Toll Highway Act shall state that
22 failure to satisfy any fine or penalty imposed by the
23 Authority shall result in the Secretary of State suspending
24 the driving privileges, vehicle registration, or both, of the
25 person failing to satisfy the fines or penalties imposed by
26 the Authority.
27 (g) A person may request an administrative hearing to
28 contest an impending suspension or a suspension made pursuant
29 to this Section upon filing a written request with the
30 Secretary. The filing fee for this hearing is $20, to be
31 paid at the time of the request. The Authority shall
32 reimburse the Secretary for all reasonable costs incurred by
33 the Secretary as a result of the filing of a certified report
34 pursuant to this Section, including, but not limited to, the
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1 costs of providing notice required pursuant to subsection (b)
2 and the costs incurred by the Secretary in any hearing
3 conducted with respect to the report pursuant to this
4 subsection and any appeal from that hearing.
5 (h) The Secretary and the Authority may promulgate rules
6 to enable them to carry out their duties under this Section.
7 (i) The Authority shall cooperate with the Secretary in
8 the administration of this Section and shall provide the
9 Secretary with any information the Secretary may deem
10 necessary for these purposes, including regular and timely
11 access to toll violation enforcement records.
12 The Secretary shall cooperate with the Authority in the
13 administration of this Section and shall provide the
14 Authority with any information the Authority may deem
15 necessary for the purposes of this Section, including regular
16 and timely access to vehicle registration records. Section
17 2-123 of this Code shall not apply to the provision of this
18 information, but the Secretary shall be reimbursed for the
19 cost of providing this information.
20 (j) For purposes of this Section, the term "Authority"
21 means the Illinois State Toll Highway Authority.
22 (625 ILCS 5/6-306.7 new)
23 Sec. 6-306.7. Failure to satisfy fines or penalties for
24 toll violations or evasions; suspension of driving
25 privileges.
26 (a) Upon receipt of a certified report, as prescribed by
27 subsection (c) of this Section, from the Authority stating
28 that the owner of a registered vehicle has failed to satisfy
29 any fine or penalty resulting from a final order issued by
30 the Authority relating directly or indirectly to 5 or more
31 toll violations, toll evasions, or both, the Secretary of
32 State shall suspend the driving privileges of the person in
33 accordance with the procedures set forth in this Section.
-5- LRB9105924WHmbam01
1 (b) Following receipt of the certified report of the
2 Authority as specified in the Section, the Secretary of State
3 shall notify the person whose name appears on the certified
4 report that the person's driver's license will be suspended
5 at the end of a specified period unless the Secretary of
6 State is presented with a notice from the Authority
7 certifying that the fines or penalties owing the Authority
8 have been satisfied or that inclusion of that person's name
9 on the certified report was in error. The Secretary's notice
10 shall state in substance the information contained in the
11 Authority's certified report to the Secretary, and shall be
12 effective as specified by subsection (c) of Section 6-211 of
13 this Code.
14 (c) The report from the Authority notifying the
15 Secretary of unsatisfied fines or penalties pursuant to this
16 Section shall be certified and shall contain the following:
17 (1) The name, last known address, and driver's
18 license number of the person who failed to satisfy the
19 fines or penalties and the registration number of any
20 vehicle known to be registered in this State to that
21 person.
22 (2) A statement that the Authority sent a notice of
23 impending suspension of the person's driver's license,
24 vehicle registration, or both, as prescribed by rules
25 enacted pursuant to subsection (a-5) of Section 10 of the
26 Toll Highway Act, to the person named in the report at
27 the address recorded with the Secretary of State; the
28 date on which the notice was sent; and the address to
29 which the notice was sent.
30 (d) The Authority, after making a certified report to
31 the Secretary pursuant to this Section, shall notify the
32 Secretary, on a form prescribed by the Secretary, whenever a
33 person named in the certified report has satisfied the
34 previously reported fines or penalties or whenever the
-6- LRB9105924WHmbam01
1 Authority determines that the original report was in error.
2 A certified copy of the notification shall also be given upon
3 request and at no additional charge to the person named
4 therein. Upon receipt of the Authority's notification or
5 presentation of a certified copy of the notification, the
6 Secretary shall terminate the suspension.
7 (e) The Authority shall, by rule, establish procedures
8 for persons to challenge the accuracy of the certified report
9 made pursuant to this Section. The rule shall also provide
10 the grounds for a challenge, which may be limited to:
11 (1) the person not having been the owner or lessee
12 of the vehicle or vehicles receiving 5 or more toll
13 violation or toll evasion notices on the date or dates
14 the notices were issued; or
15 (2) the person having already satisfied the fines
16 or 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
19 involved in administrative adjudications, hearings, and final
20 orders issued pursuant to rules implementing subsection (a-5)
21 of Section 10 of the Toll Highway Act shall state that
22 failure to satisfy any fine or penalty imposed by the
23 Authority shall result in the Secretary of State suspending
24 the driving privileges, vehicle registration, or both, of the
25 person failing to satisfy the fines or penalties imposed by
26 the Authority.
27 (g) A person may request an administrative hearing to
28 contest an impending suspension or a suspension made pursuant
29 to this Section upon filing a written request with the
30 Secretary. The filing fee for this hearing is $20, to be
31 paid at the time of the request. The Authority shall
32 reimburse the Secretary for all reasonable costs incurred by
33 the Secretary as a result of the filing of a certified report
34 pursuant to this Section, including, but not limited to, the
-7- LRB9105924WHmbam01
1 costs of providing notice required pursuant to subsection (b)
2 and the costs incurred by the Secretary in any hearing
3 conducted with respect to the report pursuant to this
4 subsection and any appeal from that hearing.
5 (h) The Secretary and the Authority may promulgate rules
6 to enable them to carry out their duties under this Section.
7 (i) The Authority shall cooperate with the Secretary in
8 the administration of this Section and shall provide the
9 Secretary with any information the Secretary may deem
10 necessary for these purposes, including regular and timely
11 access to toll violation enforcement records.
12 The Secretary shall cooperate with the Authority in the
13 administration of this Section and shall provide the
14 Authority with any information the Authority may deem
15 necessary for the purposes of this Section, including regular
16 and timely access to vehicle registration records. Section
17 2-123 of this Code shall not apply to the provision of this
18 information, but the Secretary shall be reimbursed for the
19 cost of providing this information.
20 (j) For purposes of this Section, the term "Authority"
21 means the Illinois State Toll Highway Authority.
22 Section 99. Effective date. This Act takes effect on
23 January 1, 2000.".