Illinois General Assembly - Full Text of HB3603
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Full Text of HB3603  100th General Assembly

HB3603 100TH GENERAL ASSEMBLY


 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3603

 

Introduced , by Rep. Marcus C. Evans, Jr.

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/3-704.2

    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,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Section 3-704.2 as follows:
 
6    (625 ILCS 5/3-704.2)
7    Sec. 3-704.2. Failure to satisfy fines or penalties for
8toll violations or evasions; suspension of vehicle
9registration.
10    (a) Upon receipt of a certified report, as prescribed by
11subsection (c) of this Section, from the the Authority stating
12that the owner of a registered vehicle has failed to satisfy
13any fine or penalty resulting from a final order issued by the
14Authority relating directly or indirectly to 5 or more toll
15violations, toll evasions, or both, the Secretary of State
16shall suspend the vehicle registration of the person in
17accordance with the procedures set forth in this Section.
18    (b) Following receipt of the certified report of the
19Authority as specified in the Section, the Secretary of State
20shall notify the person whose name appears on the certified
21report that the person's vehicle registration will be suspended
22at the end of a specified period unless the Secretary of State
23is presented with a notice from the Authority certifying that

 

 

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1the fines or penalties owing the Authority have been satisfied
2or that inclusion of that person's name on the certified report
3was in error. The Secretary's notice shall state in substance
4the information contained in the Authority's certified report
5to the Secretary, and shall be effective as specified by
6subsection (c) of Section 6-211 of this Code.
7    (c) The report from the Authority notifying the Secretary
8of unsatisfied fines or penalties pursuant to this Section
9shall 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
23Secretary pursuant to this Section, shall notify the Secretary,
24on a form prescribed by the Secretary, whenever a person named
25in the certified report has satisfied the previously reported
26fines or penalties or whenever the Authority determines that

 

 

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1the original report was in error. A certified copy of the
2notification shall also be given upon request and at no
3additional charge to the person named therein. Upon receipt of
4the Authority's notification or presentation of a certified
5copy of the notification, the Secretary shall terminate the
6suspension.
7    (e) The Authority shall, by rule, establish procedures for
8persons to challenge the accuracy of the certified report made
9pursuant to this Section. The rule shall also provide the
10grounds 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
19in administrative adjudications, hearings, and final orders
20issued pursuant to rules implementing subsection (a-5) of
21Section 10 of the Toll Highway Act shall state that failure to
22satisfy any fine or penalty imposed by the Authority shall
23result in the Secretary of State suspending the driving
24privileges, vehicle registration, or both, of the person
25failing to satisfy the fines or penalties imposed by the
26Authority.

 

 

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1    (g) A person may request an administrative hearing to
2contest an impending suspension or a suspension made pursuant
3to this Section upon filing a written request with the
4Secretary. The filing fee for this hearing is $20, to be paid
5at the time of the request. The Authority shall reimburse the
6Secretary for all reasonable costs incurred by the Secretary as
7a result of the filing of a certified report pursuant to this
8Section, including, but not limited to, the costs of providing
9notice required pursuant to subsection (b) and the costs
10incurred by the Secretary in any hearing conducted with respect
11to the report pursuant to this subsection and any appeal from
12that hearing.
13    (h) The Secretary and the Authority may promulgate rules to
14enable them to carry out their duties under this Section.
15    (i) The Authority shall cooperate with the Secretary in the
16administration of this Section and shall provide the Secretary
17with any information the Secretary may deem necessary for these
18purposes, including regular and timely access to toll violation
19enforcement records.
20    The Secretary shall cooperate with the Authority in the
21administration of this Section and shall provide the Authority
22with any information the Authority may deem necessary for the
23purposes of this Section, including regular and timely access
24to vehicle registration records. Section 2-123 of this Code
25shall not apply to the provision of this information, but the
26Secretary shall be reimbursed for the cost of providing this

 

 

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1information.
2    (j) For purposes of this Section, the term "Authority"
3means the Illinois State Toll Highway Authority.
4(Source: P.A. 91-277, eff. 1-1-00.)