Full Text of HB4982 96th General Assembly
HB4982ham001 96TH GENERAL ASSEMBLY
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Vehicles & Safety Committee
Filed: 3/10/2010
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LRB096 16438 AJT 36263 a |
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| AMENDMENT TO HOUSE BILL 4982
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| AMENDMENT NO. ______. Amend House Bill 4982 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 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, | 8 |
| parking,
compliance, or automated traffic law violations; | 9 |
| suspension of driving privileges.
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| (a) Upon receipt of
a certified report,
as prescribed by | 11 |
| subsection (c) of
this Section, from
any municipality stating | 12 |
| that the owner of a registered vehicle has: (1) failed
to pay | 13 |
| any fine or penalty due and owing as a result of 10 or more | 14 |
| violations
of a
municipality's vehicular standing, parking, or | 15 |
| compliance
regulations established by
ordinance pursuant to | 16 |
| Section 11-208.3 of this Code, or (2) failed to pay any
fine or |
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| penalty due and owing as a result of 5 offenses for automated | 2 |
| traffic
violations as defined in
Section 11-208.6 or 11-1201.1 , | 3 |
| or (3) is more than 14 days in default of a payment plan | 4 |
| pursuant to which a suspension had been terminated under | 5 |
| subsection (c) of this Section , the Secretary of State
shall | 6 |
| suspend the driving privileges of such person in accordance | 7 |
| with the
procedures set forth in this Section.
The Secretary | 8 |
| shall also suspend the driving privileges of an owner of a
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| registered vehicle upon receipt of a certified report, as | 10 |
| prescribed by
subsection (f) of this Section, from any | 11 |
| municipality stating that such
person has failed to satisfy any | 12 |
| fines or penalties imposed by final judgments
for 5 or more | 13 |
| automated traffic law violations or 10 or more violations of | 14 |
| 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 | 17 |
| municipality as
specified in this Section, the Secretary of | 18 |
| State shall notify the person
whose name appears on the | 19 |
| certified report that
the person's
drivers license will be | 20 |
| suspended at the end of a specified period of time
unless the | 21 |
| Secretary of State is presented with a notice from the
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| municipality certifying that the fine or penalty due
and owing | 23 |
| 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 | 25 |
| Secretary's notice
shall state in substance the information
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| contained in the municipality's certified report to the |
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| Secretary, and
shall be effective as specified by subsection | 2 |
| (c) of Section 6-211 of this
Code.
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| (c) The report of the appropriate municipal official | 4 |
| notifying the
Secretary of State of unpaid fines or penalties | 5 |
| pursuant to this Section
shall be certified and shall contain | 6 |
| the following:
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| (1) The name, last known address as recorded with the | 8 |
| Secretary of State, as provided by the lessor of the cited | 9 |
| vehicle at the time of lease, or as recorded in a United | 10 |
| States Post Office approved database if any notice sent | 11 |
| under Section 11-208.3 of this Code is returned as | 12 |
| undeliverable, and drivers license number of the
person who | 13 |
| failed to pay the fine or
penalty or who has defaulted in a | 14 |
| payment plan and the registration number of any vehicle | 15 |
| known to be registered
to such person in this State.
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| (2) The name of the municipality making the report | 17 |
| pursuant to this
Section.
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| (3) A statement that the municipality sent a notice of | 19 |
| impending
drivers license suspension as prescribed by | 20 |
| ordinance enacted
pursuant to Section 11-208.3 of this Code | 21 |
| or a notice of default in a payment plan , to the person | 22 |
| named in the report at the
address recorded with the | 23 |
| Secretary of State or at the last address known to the | 24 |
| lessor of the cited vehicle at the time of lease or, if any | 25 |
| notice sent under Section 11-208.3 of this Code is returned | 26 |
| as undeliverable, at the last known address recorded in a |
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| United States Post Office approved database; the date on | 2 |
| which such
notice was sent; and the address to which such | 3 |
| notice was sent.
In a municipality with a population of | 4 |
| 1,000,000 or more, the report shall
also include a | 5 |
| statement that the alleged violator's State vehicle | 6 |
| registration
number and vehicle make, if specified on the | 7 |
| automated traffic law violation notice, are correct as they | 8 |
| appear on the citations. | 9 |
| (4) A unique identifying reference number for each | 10 |
| request of suspension sent whenever a person has failed to | 11 |
| 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 | 13 |
| Secretary of State
pursuant to this Section
shall notify the | 14 |
| Secretary of State, in a form prescribed by the
Secretary, | 15 |
| 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 | 17 |
| the certified report has entered into a payment plan pursuant | 18 |
| to which the municipality has agreed to terminate the | 19 |
| suspension, or whenever the municipality determines
that the | 20 |
| original report was in error. A certified copy of such
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| notification shall also be given upon request and at no | 22 |
| additional charge
to the person named therein. Upon receipt of | 23 |
| the municipality's
notification or presentation of a certified | 24 |
| copy of such notification, the
Secretary of State shall | 25 |
| terminate the suspension.
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| (e) Any municipality making a certified report to the |
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| Secretary of State
pursuant to this Section
shall also by | 2 |
| ordinance establish procedures for persons to
challenge the | 3 |
| 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 | 5 |
| (1) the
person not having been the owner or lessee of the | 6 |
| vehicle or vehicles
receiving 10 or more standing, parking, or | 7 |
| compliance
violation notices or 5 or more automated traffic law | 8 |
| violations on the date or dates such notices were issued; and | 9 |
| (2) the
person
having already paid the fine or penalty for the | 10 |
| 10 or more standing, parking, or compliance violations or 5 or | 11 |
| more automated traffic law violations
indicated on the | 12 |
| certified report.
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| (f) Any municipality, other than a municipality | 14 |
| establishing vehicular
standing, parking, and compliance | 15 |
| regulations pursuant to
Section 11-208.3 or automated traffic | 16 |
| 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 | 18 |
| this Section.
Such municipality may invoke this sanction by | 19 |
| making a certified report to
the Secretary of State upon a | 20 |
| person's failure to satisfy any fine or
penalty imposed by | 21 |
| final judgment for 10 or more violations of local
standing, | 22 |
| parking, or compliance regulations or 5 or more automated | 23 |
| 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 | 26 |
| this Section in all
respects except in regard to enacting |
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| 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 | 4 |
| enacted pursuant to
subsection (g) of this Section; and
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| (3) in municipalities with a population of 1,000,000 or | 6 |
| more, the
municipality
has verified that the alleged | 7 |
| violator's State vehicle registration number and
vehicle | 8 |
| make are correct as they appear on the citations.
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| (g) Any municipality, other than a municipality | 10 |
| establishing
standing, parking, and compliance regulations | 11 |
| pursuant to
Section 11-208.3 or automated traffic law | 12 |
| 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 | 14 |
| license suspension to the person who has failed to satisfy any | 15 |
| fine
or penalty imposed by final judgment for 10 or more | 16 |
| violations of local
standing, parking, or compliance | 17 |
| regulations or 5 or more automated traffic law violations after | 18 |
| exhaustion
of
judicial review
procedures. An ordinance so | 19 |
| providing shall specify that the notice
sent to the person | 20 |
| liable for any fine or penalty
shall state that failure to pay | 21 |
| the fine or
penalty owing within 45 days of the notice's date | 22 |
| will result in the
municipality notifying the Secretary of | 23 |
| State that
the person's drivers license is eligible for | 24 |
| suspension pursuant to this
Section.
The notice of impending | 25 |
| drivers license suspension
shall be sent by first class United | 26 |
| States mail, postage prepaid, to the
address
recorded with the |
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| Secretary of State or at the last address known to the lessor | 2 |
| of the cited vehicle at the time of lease or, if any notice | 3 |
| sent under Section 11-208.3 of this Code is returned as | 4 |
| undeliverable, to the last known address recorded in a United | 5 |
| States Post Office approved database.
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| (h) An administrative hearing to contest an impending | 7 |
| suspension or a
suspension made pursuant to this Section may be | 8 |
| had upon filing a written
request with the Secretary of State. | 9 |
| The filing fee for this hearing shall
be $20, to be paid at the | 10 |
| time the request is made.
A municipality which files a | 11 |
| certified report with the Secretary of
State pursuant to this | 12 |
| Section shall reimburse the Secretary for all
reasonable costs | 13 |
| 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 | 15 |
| notice
required pursuant to subsection (b) and the costs | 16 |
| incurred by the Secretary
in any hearing conducted with respect | 17 |
| to the report pursuant to this
subsection and any appeal from | 18 |
| such a hearing.
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| (i) The provisions of this Section shall apply on and after | 20 |
| January 1, 1988.
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| (j) For purposes of this Section, the term "compliance | 22 |
| 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 | 25 |
| becoming law.".
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