Full Text of SB0938 96th General Assembly
SB0938 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB0938
Introduced 2/6/2009, by Sen. John J. Cullerton SYNOPSIS AS INTRODUCED: |
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Amends the Illinois Vehicle Code. Makes a technical change in a
Section concerning failure to satisfy fines for toll violations.
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A BILL FOR
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SB0938 |
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LRB096 07047 AJT 17133 b |
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| AN ACT concerning transportation.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Illinois Vehicle Code is amended by changing | 5 |
| Section 3-704.2 as follows:
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| (625 ILCS 5/3-704.2)
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| Sec. 3-704.2.
Failure to satisfy fines or penalties for | 8 |
| toll violations or
evasions; suspension of vehicle | 9 |
| registration.
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| (a) Upon receipt of a certified report, as prescribed by | 11 |
| subsection (c) of
this Section, from the
the Authority stating | 12 |
| that the owner of a registered vehicle
has failed to satisfy | 13 |
| any fine or penalty resulting from a final order issued
by the | 14 |
| Authority relating directly or indirectly to 5 or more toll | 15 |
| violations,
toll evasions, or both, the Secretary of State | 16 |
| shall suspend
the vehicle registration of the person in
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| accordance with the procedures set forth in this Section. | 18 |
| (b) Following receipt of the certified report of the | 19 |
| Authority as specified
in the Section, the Secretary of State | 20 |
| shall notify the person whose name
appears on the certified | 21 |
| report that the person's vehicle
registration will be suspended | 22 |
| at the end of a specified period
unless the Secretary of State | 23 |
| is presented with a notice from the
Authority certifying that |
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LRB096 07047 AJT 17133 b |
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| the fines or penalties owing the Authority have been
satisfied | 2 |
| or that inclusion of that person's name on the certified report | 3 |
| was
in error. The Secretary's notice shall state in substance | 4 |
| the information
contained in the Authority's certified report | 5 |
| to the Secretary, and shall be
effective as specified by | 6 |
| subsection (c) of Section 6-211 of this Code.
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| (c) The report from the Authority notifying the Secretary | 8 |
| of unsatisfied
fines
or penalties pursuant to this Section | 9 |
| shall be certified and shall contain the
following:
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| (1) The name, last known address, and driver's license | 11 |
| number of the
person
who failed to satisfy the fines or | 12 |
| penalties and the registration number of any
vehicle known | 13 |
| to be registered in this State to that person.
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| (2) A statement that the Authority sent a notice of | 15 |
| impending suspension
of the person's driver's
license, | 16 |
| vehicle registration,
or both, as prescribed by rules | 17 |
| enacted pursuant to subsection (a-5) of
Section
10 of the | 18 |
| 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 | 20 |
| which the notice was
sent; and the address to which the | 21 |
| notice was sent.
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| (d) The Authority, after making a certified report to the | 23 |
| Secretary
pursuant to this Section, shall notify the Secretary, | 24 |
| on a form prescribed by
the Secretary, whenever a person named | 25 |
| in the certified report has satisfied
the previously reported | 26 |
| fines or penalties or whenever the Authority determines
that |
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| the original report was in error. A certified copy of the | 2 |
| notification
shall also be given upon request and at no | 3 |
| additional charge to the person
named therein. Upon receipt of | 4 |
| the Authority's notification or presentation of
a certified | 5 |
| copy of the notification, the Secretary shall terminate
the | 6 |
| suspension.
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| (e) The Authority shall, by rule, establish procedures for | 8 |
| persons to
challenge the accuracy of the certified report made | 9 |
| pursuant to this Section.
The
rule shall also provide the | 10 |
| grounds for a challenge, which may be
limited to:
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| (1) the person not having been the owner or lessee of | 12 |
| the vehicle
or
vehicles receiving 5 or more toll violation | 13 |
| or toll evasion notices on the date
or dates the notices | 14 |
| were issued; or
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| (2) the person having already satisfied
the fines or | 16 |
| penalties for the 5 or more toll violations or toll | 17 |
| evasions
indicated on the certified report.
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| (f) All notices sent by the Authority to persons involved | 19 |
| in administrative
adjudications, hearings, and final orders | 20 |
| issued pursuant to rules
implementing subsection (a-5) of | 21 |
| Section 10 of the Toll Highway Act shall state
that failure
to | 22 |
| satisfy any fine or penalty imposed by the Authority shall | 23 |
| result in the
Secretary of State suspending the driving | 24 |
| privileges, vehicle registration,
or both, of the person | 25 |
| 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 | 2 |
| contest an impending
suspension or a
suspension made
pursuant | 3 |
| 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 | 6 |
| Secretary
for all reasonable costs incurred by the Secretary as | 7 |
| a result of the
filing of a certified report pursuant to this | 8 |
| Section, including, but not
limited to, the costs of providing | 9 |
| notice required pursuant to subsection (b)
and the costs | 10 |
| incurred
by the Secretary in any hearing conducted with respect | 11 |
| to the report pursuant
to this subsection and any appeal from | 12 |
| that hearing.
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| (h) The Secretary and the Authority may promulgate rules to | 14 |
| 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 | 17 |
| with any
information the Secretary may deem necessary for these | 18 |
| purposes, including
regular and timely access to toll violation | 19 |
| 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 | 22 |
| with any
information the Authority may deem necessary for the | 23 |
| purposes of this Section,
including regular and timely access | 24 |
| to vehicle registration records. Section
2-123 of this Code | 25 |
| shall not apply to the provision of this information, but
the | 26 |
| Secretary shall be reimbursed for the cost of providing this |
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| information.
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| (j) For purposes of this Section, the term "Authority" | 3 |
| means the
Illinois State Toll Highway Authority.
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| (Source: P.A. 91-277, eff. 1-1-00.)
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