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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.
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