Illinois General Assembly - Full Text of Public Act 096-1184
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Public Act 096-1184


 

Public Act 1184 96TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 096-1184
 
HB4982 EnrolledLRB096 16438 AJT 31705 b

    AN ACT concerning transportation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Vehicle Code is amended by changing
Section 6-306.5 as follows:
 
    (625 ILCS 5/6-306.5)  (from Ch. 95 1/2, par. 6-306.5)
    Sec. 6-306.5. Failure to pay fine or penalty for standing,
parking, compliance, or automated traffic law violations;
suspension of driving privileges.
    (a) Upon receipt of a certified report, as prescribed by
subsection (c) of this Section, from any municipality stating
that the owner of a registered vehicle has: (1) failed to pay
any fine or penalty due and owing as a result of 10 or more
violations of a municipality's vehicular standing, parking, or
compliance regulations established by ordinance pursuant to
Section 11-208.3 of this Code, or (2) failed to pay any fine or
penalty due and owing as a result of 5 offenses for automated
traffic violations as defined in Section 11-208.6 or 11-1201.1,
or (3) is more than 14 days in default of a payment plan
pursuant to which a suspension had been terminated under
subsection (c) of this Section, the Secretary of State shall
suspend the driving privileges of such person in accordance
with the procedures set forth in this Section. The Secretary
shall also suspend the driving privileges of an owner of a
registered vehicle upon receipt of a certified report, as
prescribed by subsection (f) of this Section, from any
municipality stating that such person has failed to satisfy any
fines or penalties imposed by final judgments for 5 or more
automated traffic law violations or 10 or more violations of
local standing, parking, or compliance regulations after
exhaustion of judicial review procedures.
    (b) Following receipt of the certified report of the
municipality as specified in this Section, the Secretary of
State shall notify the person whose name appears on the
certified report that the person's drivers license will be
suspended at the end of a specified period of time unless the
Secretary of State is presented with a notice from the
municipality certifying that the fine or penalty due and owing
the municipality has been paid or that inclusion of that
person's name on the certified report was in error. The
Secretary's notice shall state in substance the information
contained in the municipality's certified report to the
Secretary, and shall be effective as specified by subsection
(c) of Section 6-211 of this Code.
    (c) The report of the appropriate municipal official
notifying the Secretary of State of unpaid fines or penalties
pursuant to this Section shall be certified and shall contain
the following:
        (1) The name, last known address as recorded with the
    Secretary of State, as provided by the lessor of the cited
    vehicle at the time of lease, or as recorded in a United
    States Post Office approved database if any notice sent
    under Section 11-208.3 of this Code is returned as
    undeliverable, and drivers license number of the person who
    failed to pay the fine or penalty or who has defaulted in a
    payment plan and the registration number of any vehicle
    known to be registered to such person in this State.
        (2) The name of the municipality making the report
    pursuant to this Section.
        (3) A statement that the municipality sent a notice of
    impending drivers license suspension as prescribed by
    ordinance enacted pursuant to Section 11-208.3 of this Code
    or a notice of default in a payment plan, to the person
    named in the report at the address recorded with the
    Secretary of State or at the last address known to the
    lessor of the cited vehicle at the time of lease or, if any
    notice sent under Section 11-208.3 of this Code is returned
    as undeliverable, at the last known address recorded in a
    United States Post Office approved database; the date on
    which such notice was sent; and the address to which such
    notice was sent. In a municipality with a population of
    1,000,000 or more, the report shall also include a
    statement that the alleged violator's State vehicle
    registration number and vehicle make, if specified on the
    automated traffic law violation notice, are correct as they
    appear on the citations.
        (4) A unique identifying reference number for each
    request of suspension sent whenever a person has failed to
    pay the fine or penalty or has defaulted on a payment plan.
    (d) Any municipality making a certified report to the
Secretary of State pursuant to this Section shall notify the
Secretary of State, in a form prescribed by the Secretary,
whenever a person named in the certified report has paid the
previously reported fine or penalty, whenever a person named in
the certified report has entered into a payment plan pursuant
to which the municipality has agreed to terminate the
suspension, or whenever the municipality determines that the
original report was in error. A certified copy of such
notification shall also be given upon request and at no
additional charge to the person named therein. Upon receipt of
the municipality's notification or presentation of a certified
copy of such notification, the Secretary of State shall
terminate the suspension.
    (e) Any municipality making a certified report to the
Secretary of State pursuant to this Section shall also by
ordinance establish procedures for persons to challenge the
accuracy of the certified report. The ordinance shall also
state the grounds for such a challenge, which may be limited to
(1) the person not having been the owner or lessee of the
vehicle or vehicles receiving 10 or more standing, parking, or
compliance violation notices or 5 or more automated traffic law
violations on the date or dates such notices were issued; and
(2) the person having already paid the fine or penalty for the
10 or more standing, parking, or compliance violations or 5 or
more automated traffic law violations indicated on the
certified report.
    (f) Any municipality, other than a municipality
establishing vehicular standing, parking, and compliance
regulations pursuant to Section 11-208.3 or automated traffic
law regulations under Section 11-208.6 or 11-1201.1, may also
cause a suspension of a person's drivers license pursuant to
this Section. Such municipality may invoke this sanction by
making a certified report to the Secretary of State upon a
person's failure to satisfy any fine or penalty imposed by
final judgment for 10 or more violations of local standing,
parking, or compliance regulations or 5 or more automated
traffic law violations after exhaustion of judicial review
procedures, but only if:
        (1) the municipality complies with the provisions of
    this Section in all respects except in regard to enacting
    an ordinance pursuant to Section 11-208.3;
        (2) the municipality has sent a notice of impending
    drivers license suspension as prescribed by an ordinance
    enacted pursuant to subsection (g) of this Section; and
        (3) in municipalities with a population of 1,000,000 or
    more, the municipality has verified that the alleged
    violator's State vehicle registration number and vehicle
    make are correct as they appear on the citations.
    (g) Any municipality, other than a municipality
establishing standing, parking, and compliance regulations
pursuant to Section 11-208.3 or automated traffic law
regulations under Section 11-208.6 or 11-1201.1, may provide by
ordinance for the sending of a notice of impending drivers
license suspension to the person who has failed to satisfy any
fine or penalty imposed by final judgment for 10 or more
violations of local standing, parking, or compliance
regulations or 5 or more automated traffic law violations after
exhaustion of judicial review procedures. An ordinance so
providing shall specify that the notice sent to the person
liable for any fine or penalty shall state that failure to pay
the fine or penalty owing within 45 days of the notice's date
will result in the municipality notifying the Secretary of
State that the person's drivers license is eligible for
suspension pursuant to this Section. The notice of impending
drivers license suspension shall be sent by first class United
States mail, postage prepaid, to the address recorded with the
Secretary of State or at the last address known to the lessor
of the cited vehicle at the time of lease or, if any notice
sent under Section 11-208.3 of this Code is returned as
undeliverable, to the last known address recorded in a United
States Post Office approved database.
    (h) An administrative hearing to contest an impending
suspension or a suspension made pursuant to this Section may be
had upon filing a written request with the Secretary of State.
The filing fee for this hearing shall be $20, to be paid at the
time the request is made. A municipality which files a
certified report with the Secretary of State pursuant to this
Section shall reimburse the Secretary for all reasonable costs
incurred by the Secretary as a result of the filing of the
report, including but not limited to the costs of providing the
notice required pursuant to subsection (b) and the costs
incurred by the Secretary in any hearing conducted with respect
to the report pursuant to this subsection and any appeal from
such a hearing.
    (i) The provisions of this Section shall apply on and after
January 1, 1988.
    (j) For purposes of this Section, the term "compliance
violation" is defined as in Section 11-208.3.
(Source: P.A. 96-478, eff. 1-1-10.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/22/2010