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| Public Act 096-1184 | ||||
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by changing | ||||
Section 6-306.5 as follows:
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(625 ILCS 5/6-306.5) (from Ch. 95 1/2, par. 6-306.5)
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Sec. 6-306.5. Failure to pay fine or penalty for standing, | ||||
parking,
compliance, or automated traffic law violations; | ||||
suspension of driving privileges.
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(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
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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
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exhaustion of judicial review procedures.
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(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
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municipality certifying that the fine or penalty due
and owing | ||
the municipality has been paid or that inclusion of that
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person's name on the certified report was in error. The | ||
Secretary's notice
shall state in substance the information
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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.
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(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:
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(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.
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(2) The name of the municipality making the report | ||
pursuant to this
Section.
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(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.
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(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
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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
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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.
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(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
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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.
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(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
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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
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procedures, but only if:
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(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;
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(2) the municipality has sent a notice of impending
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drivers license suspension as prescribed by an ordinance | ||
enacted pursuant to
subsection (g) of this Section; and
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(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.
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(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
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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.
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(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
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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.
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(i) The provisions of this Section shall apply on and after | ||
January 1, 1988.
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(j) For purposes of this Section, the term "compliance | ||
violation" is
defined as in Section 11-208.3.
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(Source: P.A. 96-478, eff. 1-1-10.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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