Full Text of HB2348 94th General Assembly
HB2348ham001 94TH GENERAL ASSEMBLY
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Rep. Renee Kosel
Filed: 4/6/2005
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09400HB2348ham001 |
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LRB094 10121 DRH 44025 a |
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| AMENDMENT TO HOUSE BILL 2348
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| AMENDMENT NO. ______. Amend House Bill 2348 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Illinois Vehicle Code is amended by | 5 |
| changing Sections 6-306.7 and 13B-55 as follows:
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| (625 ILCS 5/6-306.7)
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| Sec. 6-306.7. Failure to satisfy fines or penalties for | 8 |
| toll violations or
evasions; suspension of driving privileges.
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| (a) Upon receipt of a certified report, as prescribed by | 10 |
| subsection (c) of
this Section, from the Authority stating that | 11 |
| the owner of a registered vehicle
has failed to satisfy any | 12 |
| fine or penalty resulting from a final order issued
by the | 13 |
| Authority relating directly or indirectly to 5 or more toll | 14 |
| violations,
toll evasions, or both, the Secretary of State | 15 |
| shall suspend the
driving privileges of the person in
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| accordance with the procedures set forth in this Section.
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| (b) Following receipt of the certified report of the | 18 |
| Authority as specified
in the Section, the Secretary of State | 19 |
| shall notify the person whose name
appears on the certified | 20 |
| report that the person's driver's license
will be suspended at | 21 |
| the end of a specified period
unless the Secretary of State is | 22 |
| presented with a notice from the
Authority certifying that the | 23 |
| fines or penalties owing the Authority have been
satisfied or | 24 |
| that inclusion of that person's name on the certified report |
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| was
in error. The Secretary's notice shall state in substance | 2 |
| the information
contained in the Authority's certified report | 3 |
| to the Secretary, and shall be
effective as specified by | 4 |
| subsection (c) of Section 6-211 of this Code , except as to | 5 |
| those drivers who also have been issued a CDL. If a person also | 6 |
| has been issued a CDL, notice of suspension of that person's | 7 |
| driver's license must be given in writing by certified mail and | 8 |
| is effective on the date listed in the notice of suspension, | 9 |
| except that the notice is not effective until 4 days after the | 10 |
| date on which the notice was deposited into the United States | 11 |
| mail. The notice becomes effective 4 days after its deposit | 12 |
| into the United States mail regardless of whether the Secretary | 13 |
| of State receives the return receipt and regardless of whether | 14 |
| the written notification is returned for any reason to the | 15 |
| Secretary of State as undeliverable .
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| (c) The report from the Authority notifying the Secretary | 17 |
| of unsatisfied
fines
or penalties pursuant to this Section | 18 |
| shall be certified and shall contain the
following:
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| (1) The name, last known address, and driver's license | 20 |
| number of the
person
who failed to satisfy the fines or | 21 |
| penalties and the registration number of any
vehicle known | 22 |
| to be registered in this State to that person.
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| (2) A statement that the Authority sent a notice of | 24 |
| impending suspension
of the person's driver's
license, | 25 |
| vehicle registration,
or both, as prescribed by rules | 26 |
| enacted pursuant to subsection (a-5) of
Section
10 of the | 27 |
| Toll Highway Act, to the person named in the report at the
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| address recorded with the Secretary of State; the date on | 29 |
| which the notice was
sent; and the address to which the | 30 |
| notice was sent.
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| (d) The Authority, after making a certified report to the | 32 |
| Secretary
pursuant to this Section, shall notify the Secretary, | 33 |
| on a form prescribed by
the Secretary, whenever a person named | 34 |
| in the certified report has satisfied
the previously reported |
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LRB094 10121 DRH 44025 a |
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| fines or penalties or whenever the Authority determines
that | 2 |
| the original report was in error. A certified copy of the | 3 |
| notification
shall also be given upon request and at no | 4 |
| additional charge to the person
named therein. Upon receipt of | 5 |
| the Authority's notification or presentation of
a certified | 6 |
| copy of the notification, the Secretary shall terminate
the | 7 |
| suspension.
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| (e) The Authority shall, by rule, establish procedures for | 9 |
| persons to
challenge the accuracy of the certified report made | 10 |
| pursuant to this Section.
The
rule shall also provide the | 11 |
| grounds for a challenge, which may be
limited to:
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| (1) the person not having been the owner or lessee of | 13 |
| the vehicle
or
vehicles receiving 5 or more toll violations | 14 |
| or toll evasion notices on the
date
or dates the notices | 15 |
| were issued; or
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| (2) the person having already satisfied
the fines or | 17 |
| penalties for the 5 or more toll violations or toll | 18 |
| evasions
indicated on the certified report.
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| (f) All notices sent by the Authority to persons involved | 20 |
| in administrative
adjudications, hearings, and final orders | 21 |
| issued pursuant to rules
implementing subsection (a-5) of | 22 |
| Section 10 of the Toll Highway Act shall state
that failure
to | 23 |
| satisfy any fine or penalty imposed by the Authority shall | 24 |
| result in the
Secretary of State suspending the driving | 25 |
| privileges, vehicle registration,
or both, of the person | 26 |
| failing to satisfy the fines or penalties imposed by the
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| Authority.
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| (g) A person may request an administrative hearing to | 29 |
| contest an impending
suspension or a
suspension made
pursuant | 30 |
| to this Section upon filing a written request with the
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| Secretary. The filing fee for this hearing is $20, to be paid
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| at the time of the request. The Authority shall reimburse the | 33 |
| Secretary
for all reasonable costs incurred by the Secretary as | 34 |
| a result of the
filing of a certified report pursuant to this |
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| Section, including, but not
limited to, the costs of providing | 2 |
| notice required pursuant to subsection (b)
and the costs | 3 |
| incurred
by the Secretary in any hearing conducted with respect | 4 |
| to the report pursuant
to this subsection and any appeal from | 5 |
| that hearing.
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| (h) The Secretary and the Authority may promulgate rules to | 7 |
| enable
them to carry out their duties under this Section.
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| (i) The Authority shall cooperate with the Secretary in the
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| administration of this Section and shall provide the Secretary | 10 |
| with any
information the Secretary may deem necessary for these | 11 |
| purposes, including
regular and timely access to toll violation | 12 |
| enforcement records.
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| The Secretary shall cooperate with the Authority in the
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| administration of this Section and shall provide the Authority | 15 |
| with any
information the Authority may deem necessary for the | 16 |
| purposes of this Section,
including regular and timely access | 17 |
| to vehicle registration records. Section
2-123 of this Code | 18 |
| shall not apply to the provision of this information, but
the | 19 |
| Secretary shall be reimbursed for the cost of providing this | 20 |
| information.
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| (j) For purposes of this Section, the term "Authority" | 22 |
| means the
Illinois State Toll Highway Authority.
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| (Source: P.A. 91-277, eff. 1-1-00.)
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| (625 ILCS 5/13B-55)
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| Sec. 13B-55. Enforcement.
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| (a) The Agency shall cooperate in the enforcement of this | 27 |
| Chapter by (i)
identifying probable violations through | 28 |
| computer matching of vehicle
registration records and | 29 |
| inspection records; (ii) sending one
notice to each suspected | 30 |
| violator identified through such matching, stating
that | 31 |
| registration and inspection records indicate that the vehicle | 32 |
| owner has
not complied with this Chapter; (iii) directing the | 33 |
| vehicle owner to notify the
Agency or the Secretary of State if |
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| he or she has ceased to own the vehicle or
has changed | 2 |
| residence; and (iv) advising the vehicle owner of the | 3 |
| consequences
of violating this Chapter.
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| The Agency shall cooperate with the Secretary of State in | 5 |
| the administration
of this Chapter and the related provisions | 6 |
| of Chapter 3, and shall provide the
Secretary of State with | 7 |
| such information as the Secretary of State may deem
necessary | 8 |
| for these purposes, including regular and timely access to | 9 |
| vehicle
inspection records. The Agency shall be reimbursed for | 10 |
| the cost of providing
this information.
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| The Secretary of State shall cooperate with the Agency in | 12 |
| the
administration of this Chapter and shall provide the Agency | 13 |
| with such
information as the Agency may deem necessary for the | 14 |
| purposes of this Chapter,
including regular and timely access | 15 |
| to vehicle registration records. Section
2-123 of this Code | 16 |
| shall not apply to the provision of this information, but
the | 17 |
| Secretary of State shall be reimbursed for the cost of | 18 |
| providing the
information.
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| (b) The Secretary of State shall suspend either the driving | 20 |
| privileges or
the vehicle registration, or both, of any vehicle | 21 |
| owner who has not complied
with this Chapter, if (i) the | 22 |
| vehicle owner failed to
satisfactorily respond to the one | 23 |
| notice sent by the Agency under
subsection (a), and (ii) the | 24 |
| Secretary of State has mailed the vehicle owner a
notice that | 25 |
| the suspension will be imposed if the owner does not comply
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| within a stated period, and the Secretary of State has not | 27 |
| received
satisfactory evidence of compliance within that | 28 |
| period. The Secretary of State
shall send this notice only | 29 |
| after receiving a statement from the Agency that
the vehicle | 30 |
| owner has failed to comply with this Section. Notice shall be
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| effective as specified in subsection (c) of Section 6-211 of | 32 |
| this Code , except as to those drivers who also have been issued | 33 |
| a CDL. If a person also has been issued a CDL, notice of | 34 |
| suspension of that person's driver's license must be given in |
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LRB094 10121 DRH 44025 a |
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| writing by certified mail and is effective on the date listed | 2 |
| in the notice of suspension, except that the notice is not | 3 |
| effective until 4 days after the date on which the notice was | 4 |
| deposited into the United States mail. The notice becomes | 5 |
| effective 4 days after its deposit into the United States mail | 6 |
| regardless of whether the Secretary of State receives the | 7 |
| return receipt and regardless of whether the written | 8 |
| notification is returned for any reason to the Secretary of | 9 |
| State as undeliverable .
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| A suspension under this subsection shall not be terminated | 11 |
| until satisfactory
proof of compliance has been submitted to | 12 |
| the Secretary of State. No driver's
license or permit, or | 13 |
| renewal of a license or permit, may be issued to a person
whose | 14 |
| driving privileges have been suspended under this Section until | 15 |
| the
suspension has been terminated. No vehicle registration or | 16 |
| registration plate
that has been suspended under this Section | 17 |
| may be reinstated or renewed, or
transferred by the owner to | 18 |
| any other vehicle, until the suspension has been
terminated.
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| The filing fee for an administrative hearing to contest a | 20 |
| suspension made
under this Section shall be $20, to be paid by | 21 |
| the vehicle owner at the
time written request for the hearing | 22 |
| is made to the Secretary of State.
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| The Secretary of State may promulgate rules to enable him | 24 |
| or her to carry out
his or her duties under this Chapter.
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| (Source: P.A. 88-533.)
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| Section 99. Effective date. This Act takes effect July 1, | 27 |
| 2006.".
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