Full Text of HB5328 101st General Assembly
HB5328 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB5328 Introduced , by Rep. Fred Crespo SYNOPSIS AS INTRODUCED: |
| 625 ILCS 5/6-306.5 | from Ch. 95 1/2, par. 6-306.5 |
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Amends the Illinois Vehicle Code. Provides that, if the Secretary of State has received a certified report from a municipality or county stating that the owner of a registered vehicle has failed to pay a fine or penalty due and owing for specific offenses, the municipality or county shall notify the Secretary within 30 days whenever: the person in a certified report has paid the previously reported fine or penalty; the person in a certified report entered into a payment plan pursuant to which the municipality or county has agreed to terminate the suspension; or the municipality or county determines that the original report was in error.
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| | A BILL FOR |
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| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Vehicle Code is amended by changing | 5 | | Section 6-306.5 as follows:
| 6 | | (625 ILCS 5/6-306.5) (from Ch. 95 1/2, par. 6-306.5)
| 7 | | (Text of Section before amendment by P.A. 101-623 )
| 8 | | Sec. 6-306.5. Failure to pay fine or penalty for standing, | 9 | | parking,
compliance, automated speed enforcement system, or | 10 | | automated traffic law violations; suspension of driving | 11 | | privileges.
| 12 | | (a) Upon receipt of
a certified report,
as prescribed by | 13 | | subsection (c) of
this Section, from
any municipality or county | 14 | | stating that the owner of a registered vehicle: (1) has failed
| 15 | | to pay any fine or penalty due and owing as a result of 10 or | 16 | | more violations
of a
municipality's or county's vehicular | 17 | | standing, parking, or compliance
regulations established by
| 18 | | ordinance pursuant to Section 11-208.3 of this Code, (2) has | 19 | | failed to pay any
fine or penalty due and owing as a result of 5 | 20 | | offenses for automated speed enforcement system violations or | 21 | | automated traffic
violations as defined in Sections
11-208.6, | 22 | | 11-208.8, 11-208.9, or 11-1201.1, or combination thereof, or | 23 | | (3) is more than 14 days in default of a payment plan pursuant |
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| 1 | | to which a suspension had been terminated under subsection (c) | 2 | | of this Section, the Secretary of State
shall suspend the | 3 | | driving privileges of such person in accordance with the
| 4 | | procedures set forth in this Section.
The Secretary shall also | 5 | | suspend the driving privileges of an owner of a
registered | 6 | | vehicle upon receipt of a certified report, as prescribed by
| 7 | | subsection (f) of this Section, from any municipality or county | 8 | | stating that such
person has failed to satisfy any fines or | 9 | | penalties imposed by final judgments
for 5 or more automated | 10 | | speed enforcement system or automated traffic law violations, | 11 | | or combination thereof, or 10 or more violations of local | 12 | | standing, parking, or
compliance regulations after
exhaustion | 13 | | of judicial review procedures.
| 14 | | (b) Following receipt of the certified report of the | 15 | | municipality or county as
specified in this Section, the | 16 | | Secretary of State shall notify the person
whose name appears | 17 | | on the certified report that
the person's
drivers license will | 18 | | be suspended at the end of a specified period of time
unless | 19 | | the Secretary of State is presented with a notice from the
| 20 | | municipality or county certifying that the fine or penalty due
| 21 | | and owing the municipality or county has been paid or that | 22 | | inclusion of that
person's name on the certified report was in | 23 | | error. The Secretary's notice
shall state in substance the | 24 | | information
contained in the municipality's or county's | 25 | | certified report to the Secretary, and
shall be effective as | 26 | | specified by subsection (c) of Section 6-211 of this
Code.
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| 1 | | (c) The report of the appropriate municipal or county | 2 | | official notifying the
Secretary of State of unpaid fines or | 3 | | penalties pursuant to this Section
shall be certified and shall | 4 | | contain the following:
| 5 | | (1) The name, last known address as recorded with the | 6 | | Secretary of State, as provided by the lessor of the cited | 7 | | vehicle at the time of lease, or as recorded in a United | 8 | | States Post Office approved database if any notice sent | 9 | | under Section 11-208.3 of this Code is returned as | 10 | | undeliverable, and drivers license number of the
person who | 11 | | failed to pay the fine or
penalty or who has defaulted in a | 12 | | payment plan and the registration number of any vehicle | 13 | | known to be registered
to such person in this State.
| 14 | | (2) The name of the municipality or county making the | 15 | | report pursuant to this
Section.
| 16 | | (3) A statement that the municipality or county sent a | 17 | | notice of impending
drivers license suspension as | 18 | | prescribed by ordinance enacted
pursuant to Section | 19 | | 11-208.3 of this Code or a notice of default in a payment | 20 | | plan, to the person named in the report at the
address | 21 | | recorded with the Secretary of State or at the last address | 22 | | known to the lessor of the cited vehicle at the time of | 23 | | lease or, if any notice sent under Section 11-208.3 of this | 24 | | Code is returned as undeliverable, at the last known | 25 | | address recorded in a United States Post Office approved | 26 | | database; the date on which such
notice was sent; and the |
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| 1 | | address to which such notice was sent.
In a municipality or | 2 | | county with a population of 1,000,000 or more, the report | 3 | | shall
also include a statement that the alleged violator's | 4 | | State vehicle registration
number and vehicle make, if | 5 | | specified on the automated speed enforcement system | 6 | | violation or automated traffic law violation notice, are | 7 | | correct as they appear on the citations. | 8 | | (4) A unique identifying reference number for each | 9 | | request of suspension sent whenever a person has failed to | 10 | | pay the fine or penalty or has defaulted on a payment plan.
| 11 | | (d) Any municipality or county making a certified report to | 12 | | the Secretary of State
pursuant to this Section
shall notify | 13 | | the Secretary of State, in a form prescribed by the
Secretary, | 14 | | whenever a person named in the certified report has paid the
| 15 | | previously reported fine or penalty, whenever a person named in | 16 | | the certified report has entered into a payment plan pursuant | 17 | | to which the municipality or county has agreed to terminate the | 18 | | suspension, or whenever the municipality or county determines
| 19 | | that the original report was in error. A certified copy of such
| 20 | | notification shall also be given upon request and at no | 21 | | additional charge
to the person named therein. Upon receipt of | 22 | | the municipality's or county's
notification or presentation of | 23 | | a certified copy of such notification, the
Secretary of State | 24 | | shall terminate the suspension.
| 25 | | (e) Any municipality or county making a certified report to | 26 | | the Secretary of State
pursuant to this Section
shall also by |
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| 1 | | ordinance establish procedures for persons to
challenge the | 2 | | accuracy of the certified report. The ordinance shall also
| 3 | | state the grounds for such a challenge, which may be limited to | 4 | | (1) the
person not having been the owner or lessee of the | 5 | | vehicle or vehicles
receiving 10 or more standing, parking, or | 6 | | compliance
violation notices or a combination of 5 or more | 7 | | automated speed enforcement system or 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 | 11 | | combination of 5 or more automated speed enforcement system or | 12 | | automated traffic law violations
indicated on the certified | 13 | | report.
| 14 | | (f) Any municipality or county, other than a municipality | 15 | | or county establishing vehicular
standing, parking, and | 16 | | compliance regulations pursuant to
Section 11-208.3, automated | 17 | | speed enforcement system regulations under Section 11-208.8, | 18 | | or automated traffic law regulations under Section 11-208.6, | 19 | | 11-208.9, or 11-1201.1, may also
cause a suspension of a | 20 | | person's drivers license pursuant to this Section.
Such | 21 | | municipality or county may invoke this sanction by making a | 22 | | certified report to
the Secretary of State upon a person's | 23 | | failure to satisfy any fine or
penalty imposed by final | 24 | | judgment for 10 or more violations of local
standing, parking, | 25 | | or compliance regulations or a combination of 5 or more | 26 | | automated speed enforcement system or automated traffic law |
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| 1 | | violations after exhaustion
of judicial review
procedures, but | 2 | | only if:
| 3 | | (1) the municipality or county complies with the | 4 | | provisions of this Section in all
respects except in regard | 5 | | to enacting an ordinance pursuant to Section
11-208.3;
| 6 | | (2) the municipality or county has sent a notice of | 7 | | impending
drivers license suspension as prescribed by an | 8 | | ordinance enacted pursuant to
subsection (g) of this | 9 | | Section; and
| 10 | | (3) in municipalities or counties with a population of | 11 | | 1,000,000 or more, the
municipality or county
has verified | 12 | | that the alleged violator's State vehicle registration | 13 | | number and
vehicle make are correct as they appear on the | 14 | | citations.
| 15 | | (g) Any municipality or county, other than a municipality | 16 | | or county establishing
standing, parking, and compliance | 17 | | regulations pursuant to
Section 11-208.3, automated speed | 18 | | enforcement system regulations under Section 11-208.8, or | 19 | | automated traffic law regulations under Section 11-208.6, | 20 | | 11-208.9, or 11-1201.1, may provide by
ordinance for the | 21 | | sending of a notice of impending
drivers license suspension to | 22 | | the person who has failed to satisfy any fine
or penalty | 23 | | imposed by final judgment for 10 or more violations of local
| 24 | | standing, parking, or compliance regulations or a combination | 25 | | of 5 or more automated speed enforcement system or automated | 26 | | traffic law violations after exhaustion
of
judicial review
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| 1 | | procedures. An ordinance so providing shall specify that the | 2 | | notice
sent to the person liable for any fine or penalty
shall | 3 | | state that failure to pay the fine or
penalty owing within 45 | 4 | | days of the notice's date will result in the
municipality or | 5 | | county notifying the Secretary of State that
the person's | 6 | | drivers license is eligible for suspension pursuant to this
| 7 | | Section.
The notice of impending drivers license suspension
| 8 | | shall be sent by first class United States mail, postage | 9 | | prepaid, to the
address
recorded with the Secretary of State or | 10 | | at the last address known to the lessor of the cited vehicle at | 11 | | the time of lease or, if any notice sent under Section 11-208.3 | 12 | | of this Code is returned as undeliverable, to the last known | 13 | | address recorded in a United States Post Office approved | 14 | | database.
| 15 | | (h) An administrative hearing to contest an impending | 16 | | suspension or a
suspension made pursuant to this Section may be | 17 | | had upon filing a written
request with the Secretary of State. | 18 | | The filing fee for this hearing shall
be $20, to be paid at the | 19 | | time the request is made.
A municipality or county which files | 20 | | a certified report with the Secretary of
State pursuant to this | 21 | | Section shall reimburse the Secretary for all
reasonable costs | 22 | | incurred by the Secretary as a result of the filing of the
| 23 | | report, including but not limited to the costs of providing the | 24 | | notice
required pursuant to subsection (b) and the costs | 25 | | incurred by the Secretary
in any hearing conducted with respect | 26 | | to the report pursuant to this
subsection and any appeal from |
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| 1 | | such a hearing.
| 2 | | (i) The provisions of this Section shall apply on and after | 3 | | January 1, 1988.
| 4 | | (j) For purposes of this Section, the term "compliance | 5 | | violation" is
defined as in Section 11-208.3.
| 6 | | (Source: P.A. 97-333, eff. 8-12-11; 97-672, eff. 7-1-12; | 7 | | 98-556, eff. 1-1-14.)
| 8 | | (Text of Section after amendment by P.A. 101-623 )
| 9 | | Sec. 6-306.5. Failure to pay fine or penalty for standing, | 10 | | parking,
compliance, automated speed enforcement system, or | 11 | | automated traffic law violations; suspension of driving | 12 | | privileges.
| 13 | | (a) Upon receipt of
a certified report,
as prescribed by | 14 | | subsection (c) of
this Section, from
any municipality or county | 15 | | stating that the owner of a registered vehicle has failed to | 16 | | pay any
fine or penalty due and owing as a result of 5 offenses | 17 | | for automated speed enforcement system violations or automated | 18 | | traffic
violations as defined in Sections
11-208.6, 11-208.8, | 19 | | 11-208.9, or 11-1201.1, or combination thereof, or (3) is more | 20 | | than 14 days in default of a payment plan pursuant to which a | 21 | | suspension had been terminated under subsection (c) of this | 22 | | Section, the Secretary of State
shall suspend the driving | 23 | | privileges of such person in accordance with the
procedures set | 24 | | forth in this Section.
The Secretary shall also suspend the | 25 | | driving privileges of an owner of a
registered vehicle upon |
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| 1 | | receipt of a certified report, as prescribed by
subsection (f) | 2 | | of this Section, from any municipality or county stating that | 3 | | such
person has failed to satisfy any fines or penalties | 4 | | imposed by final judgments
for 5 or more automated speed | 5 | | enforcement system or automated traffic law violations, or | 6 | | combination thereof, after
exhaustion of judicial review | 7 | | procedures.
| 8 | | (b) Following receipt of the certified report of the | 9 | | municipality or county as
specified in this Section, the | 10 | | Secretary of State shall notify the person
whose name appears | 11 | | on the certified report that
the person's
drivers license will | 12 | | be suspended at the end of a specified period of time
unless | 13 | | the Secretary of State is presented with a notice from the
| 14 | | municipality or county certifying that the fine or penalty due
| 15 | | and owing the municipality or county has been paid or that | 16 | | inclusion of that
person's name on the certified report was in | 17 | | error. The Secretary's notice
shall state in substance the | 18 | | information
contained in the municipality's or county's | 19 | | certified report to the Secretary, and
shall be effective as | 20 | | specified by subsection (c) of Section 6-211 of this
Code.
| 21 | | (c) The report of the appropriate municipal or county | 22 | | official notifying the
Secretary of State of unpaid fines or | 23 | | penalties pursuant to this Section
shall be certified and shall | 24 | | contain the following:
| 25 | | (1) The name, last known address as recorded with the | 26 | | Secretary of State, as provided by the lessor of the cited |
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| 1 | | vehicle at the time of lease, or as recorded in a United | 2 | | States Post Office approved database if any notice sent | 3 | | under Section 11-208.3 of this Code is returned as | 4 | | undeliverable, and drivers license number of the
person who | 5 | | failed to pay the fine or
penalty or who has defaulted in a | 6 | | payment plan and the registration number of any vehicle | 7 | | known to be registered
to such person in this State.
| 8 | | (2) The name of the municipality or county making the | 9 | | report pursuant to this
Section.
| 10 | | (3) A statement that the municipality or county sent a | 11 | | notice of impending
drivers license suspension as | 12 | | prescribed by ordinance enacted
pursuant to Section | 13 | | 11-208.3 of this Code or a notice of default in a payment | 14 | | plan, to the person named in the report at the
address | 15 | | recorded with the Secretary of State or at the last address | 16 | | known to the lessor of the cited vehicle at the time of | 17 | | lease or, if any notice sent under Section 11-208.3 of this | 18 | | Code is returned as undeliverable, at the last known | 19 | | address recorded in a United States Post Office approved | 20 | | database; the date on which such
notice was sent; and the | 21 | | address to which such notice was sent.
In a municipality or | 22 | | county with a population of 1,000,000 or more, the report | 23 | | shall
also include a statement that the alleged violator's | 24 | | State vehicle registration
number and vehicle make, if | 25 | | specified on the automated speed enforcement system | 26 | | violation or automated traffic law violation notice, are |
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| 1 | | correct as they appear on the citations. | 2 | | (4) A unique identifying reference number for each | 3 | | request of suspension sent whenever a person has failed to | 4 | | pay the fine or penalty or has defaulted on a payment plan.
| 5 | | (d) Any municipality or county making a certified report to | 6 | | the Secretary of State
pursuant to this Section
shall notify | 7 | | the Secretary of State within 30 days , in a form prescribed by | 8 | | the
Secretary, whenever a person named in the certified report | 9 | | has paid the
previously reported fine or penalty, whenever a | 10 | | person named in the certified report has entered into a payment | 11 | | plan pursuant to which the municipality or county has agreed to | 12 | | terminate the suspension, or whenever the municipality or | 13 | | county determines
that the original report was in error. A | 14 | | certified copy of such
notification shall also be given upon | 15 | | request and at no additional charge
to the person named | 16 | | therein. Upon receipt of the municipality's or county's
| 17 | | notification or presentation of a certified copy of such | 18 | | notification, the
Secretary of State shall terminate the | 19 | | suspension.
| 20 | | (e) Any municipality or county making a certified report to | 21 | | the Secretary of State
pursuant to this Section
shall also by | 22 | | ordinance establish procedures for persons to
challenge the | 23 | | accuracy of the certified report. The ordinance shall also
| 24 | | state the grounds for such a challenge, which may be limited to | 25 | | (1) the
person not having been the owner or lessee of the | 26 | | vehicle or vehicles
receiving a combination of 5 or more |
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| 1 | | automated speed enforcement system or automated traffic law | 2 | | violations on the date or dates such notices were issued; and | 3 | | (2) the
person
having already paid the fine or penalty for the | 4 | | combination of 5 or more automated speed enforcement system or | 5 | | automated traffic law violations
indicated on the certified | 6 | | report.
| 7 | | (f) Any municipality or county, other than a municipality | 8 | | or county establishing automated speed enforcement system | 9 | | regulations under Section 11-208.8, or automated traffic law | 10 | | regulations under Section 11-208.6, 11-208.9, or 11-1201.1, | 11 | | may also
cause a suspension of a person's drivers license | 12 | | pursuant to this Section.
Such municipality or county may | 13 | | invoke this sanction by making a certified report to
the | 14 | | Secretary of State upon a person's failure to satisfy any fine | 15 | | or
penalty imposed by final judgment for a combination of 5 or | 16 | | more automated speed enforcement system or automated traffic | 17 | | law violations after exhaustion
of judicial review
procedures, | 18 | | but only if:
| 19 | | (1) the municipality or county complies with the | 20 | | provisions of this Section in all
respects except in regard | 21 | | to enacting an ordinance pursuant to Section
11-208.3;
| 22 | | (2) the municipality or county has sent a notice of | 23 | | impending
drivers license suspension as prescribed by an | 24 | | ordinance enacted pursuant to
subsection (g) of this | 25 | | Section; and
| 26 | | (3) in municipalities or counties with a population of |
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| 1 | | 1,000,000 or more, the
municipality or county
has verified | 2 | | that the alleged violator's State vehicle registration | 3 | | number and
vehicle make are correct as they appear on the | 4 | | citations.
| 5 | | (g) Any municipality or county, other than a municipality | 6 | | or county establishing
automated speed enforcement system | 7 | | regulations under Section 11-208.8, or automated traffic law | 8 | | regulations under Section 11-208.6, 11-208.9, or 11-1201.1, | 9 | | may provide by
ordinance for the sending of a notice of | 10 | | impending
drivers license suspension to the person who has | 11 | | failed to satisfy any fine
or penalty imposed by final judgment | 12 | | for a combination of 5 or more automated speed enforcement | 13 | | system or automated traffic law violations after exhaustion
of
| 14 | | judicial review
procedures. An ordinance so providing shall | 15 | | specify that the notice
sent to the person liable for any fine | 16 | | or penalty
shall state that failure to pay the fine or
penalty | 17 | | owing within 45 days of the notice's date will result in the
| 18 | | municipality or county notifying the Secretary of State that
| 19 | | the person's drivers license is eligible for suspension | 20 | | pursuant to this
Section.
The notice of impending drivers | 21 | | license suspension
shall be sent by first class United States | 22 | | mail, postage prepaid, to the
address
recorded with the | 23 | | Secretary of State or at the last address known to the lessor | 24 | | of the cited vehicle at the time of lease or, if any notice | 25 | | sent under Section 11-208.3 of this Code is returned as | 26 | | undeliverable, to the last known address recorded in a United |
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| 1 | | States Post Office approved database.
| 2 | | (h) An administrative hearing to contest an impending | 3 | | suspension or a
suspension made pursuant to this Section may be | 4 | | had upon filing a written
request with the Secretary of State. | 5 | | The filing fee for this hearing shall
be $20, to be paid at the | 6 | | time the request is made.
A municipality or county which files | 7 | | a certified report with the Secretary of
State pursuant to this | 8 | | Section shall reimburse the Secretary for all
reasonable costs | 9 | | incurred by the Secretary as a result of the filing of the
| 10 | | report, including but not limited to the costs of providing the | 11 | | notice
required pursuant to subsection (b) and the costs | 12 | | incurred by the Secretary
in any hearing conducted with respect | 13 | | to the report pursuant to this
subsection and any appeal from | 14 | | such a hearing.
| 15 | | (i) The provisions of this Section shall apply on and after | 16 | | January 1, 1988.
| 17 | | (j) For purposes of this Section, the term "compliance | 18 | | violation" is
defined as in Section 11-208.3.
| 19 | | (Source: P.A. 101-623, eff. 7-1-20.)
| 20 | | Section 95. No acceleration or delay. Where this Act makes | 21 | | changes in a statute that is represented in this Act by text | 22 | | that is not yet or no longer in effect (for example, a Section | 23 | | represented by multiple versions), the use of that text does | 24 | | not accelerate or delay the taking effect of (i) the changes | 25 | | made by this Act or (ii) provisions derived from any other |
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| 1 | | Public Act.
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