HR0061 102ND GENERAL ASSEMBLY

HR0061 LRB102 11376 MST 16709 r

HOUSE RESOLUTION

WHEREAS, Pursuant to 625 ILCS 5/11-208.3, a municipality or county may provide by ordinance a system of administrative adjudication of vehicle standing, parking, compliance, automated traffic law, and automated speed enforcement violations; and

WHEREAS, A municipality or county utilizing this system of administrative adjudication authorized by 625 ILCS 5/11-208.3 may utilize the United States Postal Service to notify the owners of the cited vehicles of: (a) the charges, (b) administrative decisions of liability, and (c) assessments of fees and fines by mailing the notifications to the vehicle owners to the addresses, as recorded with the Secretary of State; and

WHEREAS, A significant number of the addresses of vehicle owners that are recorded with the Secretary of State are no longer valid because the owners moved and failed to notify the Secretary of their current addresses; and

WHEREAS, A significant number of notices, ordinance violation charges, administrative adjudications of liability, and administrative assessments of fees and fines, that are mailed by municipalities and counties to vehicle owners, pursuant to 625 ILCS 5/11-208.3, are returned by the Post Office as undeliverable because the addresses recorded by the Secretary of State are no longer valid; and

WHEREAS, Public Act 94 – 294 amended 625 ILCS 5/11-208.3 to provide that, pursuant to that Section, where a notice mailed to a vehicle owner is returned by the Post Office as undeliverable, then the municipality or county may continue to mail future notices to the same address or may choose to mail the notice to the vehicle owner's last known address, as recorded in a United States Post Office approved database; and

WHEREAS, P.A. 101-32 amended 625 ILCS 5/11-208.3 to provide that in lieu of attaching a notice of a parking violation to the vehicle or handing it the driver, a municipality or county may mail the notice of violation to the owner's address, as recorded with the Secretary of State; and

WHEREAS, It is in the public interest that those charged with vehicle standing, parking, compliance, automated traffic law, and automated speed enforcement system violations be notified of the charges, so that they may challenge the charges; and

WHEREAS, It is in the public interest that those administratively found liable and assessed fees and fines for vehicular standing, parking, compliance, automated traffic law, and automated speed enforcement system violations be notified of the liability findings and the assessments so that they may timely pay the fees and fines and avoid additional assessments in the form of late fees; and

WHEREAS, The deterrent impact of vehicle standing, parking, compliance, automated traffic law, and automated speed enforcement ordinances is significantly weakened where those charged with violations of these ordinances are unaware of the charges, the administrative adjudications of liability, and the administrative assessments of fees and fines; and

WHEREAS, The Illinois Vehicle Code provides that where the Secretary of State suspends or revokes a driver's license, the Secretary is to notify the licensee of the suspension or revocation by mailing a notice to the licensee's address as recorded with the Secretary of State; and

WHEREAS, A significant number of licensed drivers' addresses recorded with the Secretary of State are no longer valid because the licensees moved and failed to notify the Secretary of their current addresses; and

WHEREAS, A significant number of the license suspensions and revocation notices mailed by the Secretary are returned by the Post Office as undeliverable because the addresses recorded by the Secretary are no longer valid; and

WHEREAS, The failure of these notifications to reach the individual drivers is detrimental to the individual drivers and the public at large; and

WHEREAS, A significant number of persons whose driving licenses have been suspended or revoked are first notified of the suspension and revocation when stopped by a law enforcement officer and charged with a traffic violation; and

WHEREAS, It is in the public interest that those whose driving licenses are suspended or revoked be promptly notified of the suspensions and revocations; and

WHEREAS, Illinois continuously studies the processes used by other states to ensure we are serving our constituents in the best possible ways; therefore, be it

RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE ONE HUNDRED SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we request the Illinois Secretary of State to conduct a study concerning the need and feasibility of a policy and mechanism which would (a) permit registered vehicle owners and licensed drivers to request the Secretary to send notices to their e-mail addresses and (b) enable the Secretary to comply with these requests; and be it further

RESOLVED, That we request the Secretary of State study other states' practices of e-mailing legally required notices to licensed drivers and registered vehicle owners; and be it further

RESOLVED, That we request a report on the study be submitted to the members of the Illinois House of Representatives by August 31, 2021; and be it further

RESOLVED, That suitable copies of this resolution be delivered to the Illinois Secretary of State and the Chairs of the Illinois Senate Transportation Committee.