Full Text of HB1939 95th General Assembly
HB1939 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB1939
Introduced 2/23/2007, by Rep. Robert Rita SYNOPSIS AS INTRODUCED: |
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605 ILCS 10/10 |
from Ch. 121, par. 100-10 |
625 ILCS 5/3-413 |
from Ch. 95 1/2, par. 3-413 |
625 ILCS 5/3-702 |
from Ch. 95 1/2, par. 3-702 |
625 ILCS 5/3-704.2 |
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625 ILCS 5/6-303 |
from Ch. 95 1/2, par. 6-303 |
625 ILCS 5/6-306.7 |
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625 ILCS 5/12-503 |
from Ch. 95 1/2, par. 12-503 |
625 ILCS 5/12-610.5 |
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625 ILCS 5/12-610.6 new |
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Amends the Toll Highway Act and the Illinois Vehicle Code. Provides that the Illinois State Toll Highway Authority may establish a system of administrative adjudication of alleged instances of failure to pay required toll, as detected through the alleged failure to remit payment within the allotted time period after being recorded as a non-paying vehicle by a duly authorized toll collector. Amends the Illinois Vehicle Code. Provides that it is a violation of laws and ordinances regulating the movement of traffic to operate a vehicle with a license plate treated with any material that obstructs the electronic image recording of the plate or to sell or advertise that material. Sets fines for these violations. Provides that a law enforcement officer may confiscate a license plate if the plate was treated with a substance to block electronic image recording. Provides for revoking the registration of a vehicle whose registration plate is found to have been physically altered to obstruct the visibility or electronic image recording of the plate. Provides for the impoundment of a vehicle driven by a person with a cancelled, suspended, or revoked license, if the person's license was suspended for unpaid toll violations. Provides that the Attorney General may file suit against any individual or entity offering or marketing the sale of any product advertised as having the capacity to obstruct the visibility or electronic image recording of a license plate. Makes other changes.
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A BILL FOR
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HB1939 |
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LRB095 03910 DRH 23943 b |
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| AN ACT concerning transportation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Toll Highway Act is amended by changing | 5 |
| Section 10 as follows: | 6 |
| (605 ILCS 10/10) (from Ch. 121, par. 100-10)
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| Sec. 10. The Authority shall have power:
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| (a) To pass resolutions, make by-laws, rules and | 9 |
| regulations for the
management, regulation and control of its | 10 |
| affairs, and to fix tolls, and to
make, enact and enforce all | 11 |
| needful rules and regulations in connection
with the | 12 |
| construction, operation, management, care, regulation or
| 13 |
| protection of its property or any toll highways, constructed or
| 14 |
| reconstructed hereunder.
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| (a-5) To fix, assess, and collect civil fines for a | 16 |
| vehicle's operation on
a toll highway without the required toll | 17 |
| having been paid.
The Authority may
establish by rule a system | 18 |
| of civil administrative adjudication to adjudicate
only | 19 |
| alleged
instances of a vehicle's operation on a toll highway | 20 |
| without the required toll
having been paid, as detected by the | 21 |
| Authority's video or photo
surveillance system or through the | 22 |
| alleged failure to remit payment within the allotted time | 23 |
| period after being recorded as a non-paying vehicle by a duly |
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HB1939 |
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LRB095 03910 DRH 23943 b |
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| authorized toll collector .
In cases in which the operator of | 2 |
| the vehicle is not the registered
vehicle owner, the | 3 |
| establishment of
ownership of the vehicle creates a rebuttable | 4 |
| presumption that the vehicle was
being operated by an agent
of | 5 |
| the registered vehicle owner. If the registered vehicle owner | 6 |
| liable for a
violation under this Section was
not the operator | 7 |
| of the vehicle at the time of the violation, the owner may
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| maintain an action for
indemnification against the operator in | 9 |
| the circuit court.
Rules establishing a system of civil | 10 |
| administrative
adjudication must
provide for written notice,
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| by first class mail or other means provided by law, to the | 12 |
| address of the
registered owner of the cited
vehicle as | 13 |
| recorded with the Secretary of State's vehicle registration | 14 |
| records or out of state governmental entity
State or to the | 15 |
| lessee of the cited
vehicle at the last address known
to the | 16 |
| lessor of the cited vehicle at the time of the lease,
of the
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| alleged violation and an opportunity to be heard on the | 18 |
| question of the
violation and must provide for the | 19 |
| establishment of a toll-free telephone
number to receive | 20 |
| inquiries concerning alleged violations.
The notice shall also | 21 |
| inform the registered vehicle owner that failure to
contest in | 22 |
| the manner and time
provided shall be deemed an admission of | 23 |
| liability and that a final order of
liability may be entered on | 24 |
| that admission. A duly
authorized agent of the Authority may | 25 |
| perform
or execute the preparation, certification, | 26 |
| affirmation, or
mailing of the notice. A notice of violation, |
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LRB095 03910 DRH 23943 b |
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| sworn or affirmed to or certified
by a duly authorized agent of
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| the Authority, or a facsimile of the notice, based upon an | 3 |
| inspection of
photographs, microphotographs,
videotape, or | 4 |
| other recorded images produced
by a video or photo surveillance | 5 |
| system, shall be admitted as
prima facie evidence of the | 6 |
| correctness of the facts contained in the notice or
facsimile.
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| Only civil fines,
along with the corresponding outstanding | 8 |
| toll, and costs
may be imposed by
administrative adjudication. | 9 |
| A fine may be imposed under this paragraph only
if a violation | 10 |
| is established by a preponderance of the evidence. Judicial
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| review of all final orders of the Authority under this | 12 |
| paragraph shall be
conducted in the circuit court of the county | 13 |
| in which the administrative decision was rendered in accordance | 14 |
| with the Administrative Review Law.
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| Any outstanding toll, fine, additional late payment fine, | 16 |
| other
sanction,
or costs imposed, or part of any fine, other | 17 |
| sanction, or costs imposed, remaining unpaid after the | 18 |
| exhaustion of, or the failure to
exhaust, judicial review | 19 |
| procedures under the Administrative Review
Law are a debt due | 20 |
| and owing
the Authority and may be collected in accordance
with | 21 |
| applicable law. After expiration of the period in
which | 22 |
| judicial review under the Administrative Review Law may be
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| sought,
unless stayed by a court of competent jurisdiction, a | 24 |
| final order of
the Authority under this subsection (a-5)
may be | 25 |
| enforced in
the same manner as a judgment entered by a court of | 26 |
| competent jurisdiction.
Notwithstanding any other provision of |
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| this Act, the Authority may, with the approval of the Attorney | 2 |
| General, retain a law firm or law firms with expertise in the | 3 |
| collection of government fines and debts for the purpose of | 4 |
| collecting fines, costs, and other moneys due under this | 5 |
| subsection (a-5).
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| A system of civil administrative adjudication may also | 7 |
| provide for a
program of vehicle
immobilization, tow, or | 8 |
| impoundment for the purpose of facilitating
enforcement of any | 9 |
| final order or orders of
the Authority under this subsection | 10 |
| (a-5) that result in a finding or liability for 5 or more | 11 |
| violations after
expiration of the period in which judicial | 12 |
| review under the Administrative Review Law may be sought. The | 13 |
| registered vehicle owner of a
vehicle immobilized, towed,
or | 14 |
| impounded for nonpayment of a final order
of the Authority | 15 |
| under this subsection (a-5) shall have the right
to request a | 16 |
| hearing before the Authority's civil administrative | 17 |
| adjudicatory
system to challenge the validity
of the | 18 |
| immobilization, tow, or impoundment.
This hearing, however, | 19 |
| shall not constitute a
readjudication of the merits of | 20 |
| previously adjudicated notices.
Judicial review of all final | 21 |
| orders of the
Authority under this subsection (a-5) shall be | 22 |
| conducted
in the circuit court of the county in which the | 23 |
| administrative decision was rendered in accordance with the | 24 |
| Administrative Review Law. | 25 |
| No commercial entity that is the lessor of a vehicle under | 26 |
| a written lease agreement shall be liable for an administrative |
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LRB095 03910 DRH 23943 b |
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| notice of violation for toll evasion issued under this | 2 |
| subsection (a-5) involving that vehicle during the period of | 3 |
| the lease if the lessor provides a copy of the leasing | 4 |
| agreement to the Authority within 21 days of the issue date on | 5 |
| the notice of violation. The leasing agreement also must | 6 |
| contain a provision or addendum informing the lessee that the | 7 |
| lessee is liable for payment of all tolls and any fines for | 8 |
| toll evasion. Each entity must also post a sign at the leasing | 9 |
| counter notifying the lessee of that liability. The copy of the | 10 |
| leasing agreement provided to the Authority must contain the | 11 |
| name, address, and driver's license number of the lessee, as | 12 |
| well as the check-out and return dates and times of the vehicle | 13 |
| and the vehicle license plate number and vehicle make and | 14 |
| model. | 15 |
| As used in this subsection (a-5), "lessor" includes | 16 |
| commercial leasing and rental entities but does not include | 17 |
| public passenger vehicle entities.
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| The Authority shall establish an amnesty program for
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| violations adjudicated under this subsection (a-5). Under the
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| program, any person who has an outstanding notice of violation
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| for toll evasion or a final order of a hearing officer for toll
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| evasion dated prior to the effective date of this amendatory
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| Act of the 94th General Assembly
and who pays to the
Authority | 24 |
| the full percentage amounts listed in this paragraph
remaining | 25 |
| due on the notice of violation or final order of the
hearing | 26 |
| officer and the full fees and costs paid by the Authority to |
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LRB095 03910 DRH 23943 b |
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| the Secretary of State relating to suspension proceedings, if | 2 |
| applicable, on or before 5:00 p.m., Central Standard Time,
of | 3 |
| the 60th day after the effective date of this amendatory Act
of | 4 |
| the 94th General Assembly shall not be required to pay more
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| than the listed percentage of the original fine amount and
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| outstanding toll as listed on the notice of violation or final
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| order of the hearing officer and the full fees and costs paid | 8 |
| by the Authority to the Secretary of State relating to | 9 |
| suspension proceedings, if applicable. The payment percentage | 10 |
| scale
shall be as follows: a person with 25 or fewer violations | 11 |
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be eligible for amnesty upon payment of 50% of the | 12 |
| original
fine amount and the outstanding tolls; a person with | 13 |
| more than
25 but fewer than 51 violations shall be eligible for | 14 |
| amnesty
upon payment of 60% of the original fine amount and the
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| outstanding tolls; and a person with 51 or more violations
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| shall be eligible for amnesty upon payment of 75% of the
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| original fine amount and the outstanding tolls. In such a
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| situation, the Executive Director of the Authority or his or
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| her designee is authorized and directed to waive any late fine
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| amount above the applicable percentage of the original fine
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| amount. Partial payment of the amount due shall not be a basis
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| to extend the amnesty payment deadline nor shall it act to
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| relieve the person of liability for payment of the late fine
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| amount. In order to receive amnesty, the full amount of the
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| applicable percentage of the original fine amount and
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| outstanding toll remaining due on the notice of violation or
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LRB095 03910 DRH 23943 b |
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| final order of the hearing officer and the full fees and costs | 2 |
| paid by the Authority to the Secretary of State relating to | 3 |
| suspension proceedings, if applicable, must be paid in full by | 4 |
| 5:00
p.m., Central Standard Time, of the 60th day after the
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| effective date of this amendatory Act of the 94th General
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| Assembly. This amendatory Act of the 94th General Assembly has
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| no retroactive effect with regard to payments already tendered
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| to the Authority that were full payments or payments in an
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| amount greater than the applicable percentage, and this Act
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| shall not be the basis for either a refund or a credit. This
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| amendatory Act of the 94th General Assembly does not apply to
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| toll evasion citations issued by the Illinois State Police or
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| other authorized law enforcement agencies and for which payment
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| may be due to or through the clerk of the circuit court. The
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| Authority shall adopt rules as necessary to implement the
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| provisions of this amendatory Act of the 94th General Assembly.
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| The Authority, by a resolution of the Board of Directors, shall
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| have the discretion to implement similar amnesty programs in
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| the future.
The Authority, at its discretion and in | 20 |
| consultation with the Attorney
General, is further authorized | 21 |
| to settle an administrative fine or
penalty if it determines | 22 |
| that settling for less than the full amount
is in the best | 23 |
| interests of the Authority after taking into account
the | 24 |
| following factors:
(1) the merits of the Authority's claim | 25 |
| against the respondent;
(2) the amount that can be collected | 26 |
| relative to the
administrative fine or penalty owed by the |
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LRB095 03910 DRH 23943 b |
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| respondent;
(3) the cost of pursuing further enforcement or | 2 |
| collection
action against the respondent;
(4) the likelihood of | 3 |
| collecting the full amount owed; and
(5) the burden on the | 4 |
| judiciary.
The provisions in this Section may be extended to | 5 |
| other
toll facilities in the State of Illinois through a duly
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| executed agreement between the Authority and
the operator of | 7 |
| the toll facility.
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| (b) To prescribe rules and regulations applicable to | 9 |
| traffic on highways
under the jurisdiction of the Authority, | 10 |
| concerning:
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| (1) Types of vehicles permitted to use such highways or | 12 |
| parts thereof,
and classification of such vehicles;
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| (2) Designation of the lanes of traffic to be used by | 14 |
| the different
types of vehicles permitted upon said | 15 |
| highways;
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| (3) Stopping, standing, and parking of vehicles;
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| (4) Control of traffic by means of police officers or | 18 |
| traffic control
signals;
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| (5) Control or prohibition of processions, convoys, | 20 |
| and assemblages of
vehicles and persons;
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| (6) Movement of traffic in one direction only on | 22 |
| designated portions of
said highways;
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| (7) Control of the access, entrance, and exit of | 24 |
| vehicles and persons to
and from said highways; and
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| (8) Preparation, location and installation of all | 26 |
| traffic signs;
and to prescribe further rules and |
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| regulations applicable to such traffic,
concerning matters | 2 |
| not provided for either in the foregoing enumeration or
in | 3 |
| the Illinois Vehicle Code. Notice of such rules and | 4 |
| regulations
shall be posted conspicuously and displayed at | 5 |
| appropriate points and at
reasonable intervals along said | 6 |
| highways, by clearly legible markers or
signs, to provide | 7 |
| notice of the existence of such rules and regulations to
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| persons traveling on said highways. At each toll station, | 9 |
| the Authority
shall make available, free of charge, | 10 |
| pamphlets containing all of such
rules and regulations.
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| (c) The Authority, in fixing the rate for tolls for the | 12 |
| privilege of
using the said toll highways, is authorized and | 13 |
| directed, in fixing such
rates, to base the same upon annual | 14 |
| estimates to be made, recorded and
filed with the Authority. | 15 |
| Said estimates shall include the following: The
estimated total | 16 |
| amount of the use of the toll highways; the estimated
amount of | 17 |
| the revenue to be derived therefrom, which said revenue, when
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| added to all other receipts and income, will be sufficient to | 19 |
| pay the
expense of maintaining and operating said toll | 20 |
| highways, including the
administrative expenses of the | 21 |
| Authority, and to discharge all obligations
of the Authority as | 22 |
| they become due and payable.
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| (d) To accept from any municipality or political | 24 |
| subdivision any lands,
easements or rights in land needed for | 25 |
| the operation, construction,
relocation or maintenance of any | 26 |
| toll highways, with or without payment
therefor, and in its |
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| discretion to reimburse any such municipality or
political | 2 |
| subdivision out of its funds for any cost or expense incurred | 3 |
| in
the acquisition of land, easements or rights in land, in | 4 |
| connection with
the construction and relocation of the said | 5 |
| toll highways, widening,
extending roads, streets or avenues in | 6 |
| connection therewith, or for the
construction of any roads or | 7 |
| streets forming extension to and connections
with or between | 8 |
| any toll highways, or for the cost or expense of widening,
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| grading, surfacing or improving any existing streets or roads | 10 |
| or the
construction of any streets and roads forming extensions | 11 |
| of or connections
with any toll highways constructed, | 12 |
| relocated, operated, maintained or
regulated hereunder by the | 13 |
| Authority. Where property owned by a
municipality or political | 14 |
| subdivision is necessary to the construction of
an approved | 15 |
| toll highway, if the Authority cannot reach an agreement with
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| such municipality or political subdivision and if the use to | 17 |
| which the
property is being put in the hands of the | 18 |
| municipality or political
subdivision is not essential to the | 19 |
| existence or the administration of such
municipality or | 20 |
| political subdivision, the Authority may acquire the
property | 21 |
| by condemnation.
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| (Source: P.A. 94-636, eff. 8-22-05.)
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| Section 10. The Illinois Vehicle Code is amended by | 24 |
| changing Sections 3-413, 3-702, 3-704.2, 6-303, 6-306.7, | 25 |
| 12-503, and 12-610.5 and adding Section 12-610.6 as follows:
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LRB095 03910 DRH 23943 b |
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| (625 ILCS 5/3-413) (from Ch. 95 1/2, par. 3-413)
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| Sec. 3-413. Display of registration plates, registration | 3 |
| stickers
and drive-away permits.
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| (a) Registration plates issued for a
motor vehicle other | 5 |
| than a motorcycle, trailer, semitrailer,
truck-tractor, | 6 |
| apportioned bus, or apportioned truck shall be attached
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| thereto, one in the front and one in the
rear. The registration | 8 |
| plate issued for a motorcycle, trailer or
semitrailer required | 9 |
| to be registered hereunder and any apportionment
plate issued | 10 |
| to a bus under the provisions of this Code shall be attached
to | 11 |
| the rear thereof. The registration plate issued for a | 12 |
| truck-tractor or
an apportioned truck required to be registered | 13 |
| hereunder shall be
attached to the front thereof.
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| (b) Every registration plate shall at all times be securely | 15 |
| fastened
in a horizontal position to the vehicle for which it | 16 |
| is issued so as to
prevent the plate from swinging and at a | 17 |
| height of not less than 5
inches from the ground, measuring | 18 |
| from the bottom of such plate, in a
place and position to be | 19 |
| clearly visible and shall be maintained in a
condition to be | 20 |
| clearly legible, free
from any materials that would obstruct | 21 |
| the visibility or electronic image recording of the plate,
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| including, but not limited to, glass covers and tinted plastic | 23 |
| covers and any covers, coating, wrappings, materials, | 24 |
| streaking, distorting,
holographic, reflective or other | 25 |
| devices that obstructs the visibility or
electronic image |
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LRB095 03910 DRH 23943 b |
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| recording of the plate. This subsection (b) shall not apply
to | 2 |
| automatic vehicle identification transponder devices, cards or | 3 |
| chips
issued by a governmental body for the purpose of | 4 |
| electronic payment of tolls
or other authorized payments, the | 5 |
| exemption of which shall preempt any local
legislation to the | 6 |
| contrary . Clear
plastic covers are permissible as long as they | 7 |
| remain clear and do not obstruct
the visibility or electronic | 8 |
| image recording of the plates. If a Department of State Police | 9 |
| Officer or local
law enforcement officer having jurisdiction | 10 |
| observes that a cover or other
device or material or substance | 11 |
| is obstructing the visibility or electronic
image recording of | 12 |
| the plate, the officer shall issue a Uniform Traffic
Citation | 13 |
| and shall confiscate the cover or other device that obstructs | 14 |
| the
visibility or electronic image recording of the plate. If | 15 |
| the Department of State Police Officer or
local law enforcement | 16 |
| officer having jurisdiction observes that the plate itself
has | 17 |
| been physically treated with a substance or material that is | 18 |
| obstructing
the visibility or electronic image recording of the | 19 |
| plate, the officer
shall issue a Uniform Traffic Citation and | 20 |
| shall confiscate the plate. A fine
of $750 shall be imposed in | 21 |
| any instance where a plate cover obstructs the
visibility or | 22 |
| electronic image recording of the plate. A fine of $1,000 shall
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| be imposed where a plate has been physically altered with any | 24 |
| chemical or
reflective substance or coating that obstructs the | 25 |
| visibility or electronic
image recording of the plate. The | 26 |
| Secretary of State shall revoke the
registration of any plate |
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| that has been found by a court or administrative
tribunal to | 2 |
| have been physically altered with any chemical or reflective
| 3 |
| substance or coating that obstructs the visibility or | 4 |
| electronic image
recording of the plate. Registration stickers | 5 |
| issued as
evidence of renewed annual registration shall be | 6 |
| attached to registration
plates as required by the Secretary of | 7 |
| State, and be clearly visible at
all times.
| 8 |
| The Illinois Attorney General may file suit against any | 9 |
| individual or
entity offering or marketing the sale, including | 10 |
| via the Internet, of any
product advertised as having the | 11 |
| capacity to obstruct the visibility or
electronic image | 12 |
| recording of a license plate. In addition to injunctive and
| 13 |
| monetary relief, punitive damages and attorneys fees, the suit | 14 |
| shall also
seek a full accounting of the records of all sales | 15 |
| to residents of or
entities within the State of Illinois.
| 16 |
| (c) Every drive-away permit issued pursuant to this
Code | 17 |
| shall
be firmly attached to the motor vehicle in the manner | 18 |
| prescribed by the Secretary of State. If a drive-away permit is | 19 |
| affixed to a motor vehicle in any other manner the
permit shall | 20 |
| be void and of no effect.
| 21 |
| (d) The Illinois prorate decal issued to a foreign | 22 |
| registered
vehicle part of a fleet prorated or apportioned with | 23 |
| Illinois, shall be
displayed on a registration plate and | 24 |
| displayed on the front of such
vehicle in the same manner as an | 25 |
| Illinois registration plate.
| 26 |
| (e) The registration plate issued for a camper body mounted |
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| on a
truck displaying registration plates shall be attached to | 2 |
| the rear of
the camper body.
| 3 |
| (f) No person shall operate a vehicle, nor permit the | 4 |
| operation of a
vehicle, upon which is displayed an Illinois | 5 |
| registration plate, plates
or registration stickers after the | 6 |
| termination of the registration
period for which issued or | 7 |
| after the expiration date set pursuant to
Sections 3-414 and | 8 |
| 3-414.1 of this Code.
| 9 |
| (Source: P.A. 92-668, eff. 1-1-03; 92-680, eff. 7-16-02; | 10 |
| revised 10-2-02.)
| 11 |
| (625 ILCS 5/3-702) (from Ch. 95 1/2, par. 3-702)
| 12 |
| Sec. 3-702. Operation of vehicle when registration | 13 |
| cancelled,
suspended or revoked.
| 14 |
| (a) No person shall operate, nor shall an owner
knowingly | 15 |
| permit to be operated, upon any highway:
| 16 |
| (1) A vehicle the registration of which has been | 17 |
| cancelled,
suspended or revoked; or
| 18 |
| (2) A vehicle properly registered in another | 19 |
| Reciprocal State,
the foreign registration of which, or the | 20 |
| Illinois Reciprocity
Permit or Decal of which, has been | 21 |
| cancelled, suspended or revoked.
| 22 |
| (b) No person shall use, nor shall any owner use or | 23 |
| knowingly permit the
use of any Illinois registration plate, | 24 |
| plates or registration sticker,
or any Illinois Reciprocity | 25 |
| Permit or Prorate Decal which has
been cancelled, suspended or |
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LRB095 03910 DRH 23943 b |
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| revoked.
| 2 |
| (c) Any violation of this Section is a Class A misdemeanor | 3 |
| unless:
| 4 |
| 1. the registration of the motor vehicle has been | 5 |
| suspended for
noninsurance, then the provisions of Section | 6 |
| 3-708 of this Code apply in
lieu of this Section.
| 7 |
| 2. the registration of the motor vehicle has been | 8 |
| suspended for
failure to purchase a vehicle tax sticker | 9 |
| pursuant to Section 3-704.1 of
this Code, then the
| 10 |
| violation shall be considered a business offense and the | 11 |
| person shall be
required to pay a fine in excess of $500, | 12 |
| but not more than $1,000.
| 13 |
| (d) Any person whose suspension was based on Section | 14 |
| 3-704.2 of this Code relating to unpaid toll violations, in | 15 |
| addition to other penalties imposed under this Section, shall | 16 |
| have his or her motor vehicle immediately impounded by the | 17 |
| arresting law enforcement officer. The motor vehicle may be | 18 |
| released to any licensed driver upon a showing of proof of | 19 |
| payment in full of all fines, penalties and fees related to the | 20 |
| unpaid toll violations and the notarized written consent for | 21 |
| the release by the vehicle owner.
| 22 |
| (Source: P.A. 86-149; 87-1225 .)
| 23 |
| (625 ILCS 5/3-704.2)
| 24 |
| Sec. 3-704.2. Failure to satisfy fines or penalties for | 25 |
| toll violations or
evasions; suspension of vehicle |
|
|
|
HB1939 |
- 16 - |
LRB095 03910 DRH 23943 b |
|
| 1 |
| registration.
| 2 |
| (a) Upon receipt of a certified report, as prescribed by | 3 |
| subsection (c) of
this Section, from the Authority stating that | 4 |
| the owner of a registered vehicle
has failed to satisfy any | 5 |
| fine or penalty resulting from a final order issued
by the | 6 |
| Authority relating directly or indirectly to 5 or more toll | 7 |
| violations,
toll evasions, or both, the Secretary of State | 8 |
| shall suspend
the vehicle registration of the person in
| 9 |
| accordance with the procedures set forth in this Section.
| 10 |
| (b) Following receipt of the certified report of the | 11 |
| Authority as specified
in the Section, the Secretary of State | 12 |
| shall notify the person whose name
appears on the certified | 13 |
| report that the person's vehicle
registration will be suspended | 14 |
| at the end of a specified period
unless the Secretary of State | 15 |
| is presented with a notice from the
Authority certifying that | 16 |
| the fines or penalties and other costs incurred by the | 17 |
| Authority due to the suspension proceedings, including but not | 18 |
| limited to the filing fees and hearing fees paid by the | 19 |
| Authority to the Secretary of State, owing the Authority have | 20 |
| been
satisfied or that inclusion of that person's name on the | 21 |
| certified report was
in error. The Secretary's notice shall | 22 |
| state in substance the information
contained in the Authority's | 23 |
| certified report to the Secretary, and shall be
effective as | 24 |
| specified by subsection (c) of Section 6-211 of this Code.
| 25 |
| (c) The report from the Authority notifying the Secretary | 26 |
| of unsatisfied
fines
or penalties pursuant to this Section |
|
|
|
HB1939 |
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LRB095 03910 DRH 23943 b |
|
| 1 |
| shall be certified and shall contain the
following:
| 2 |
| (1) The name and , last known address, as recorded in | 3 |
| the Secretary of State's vehicle registration records,
and | 4 |
| driver's license number of the
person
who failed to satisfy | 5 |
| the fines or penalties and the registration number of any
| 6 |
| vehicle known to be registered in this State to that | 7 |
| person.
| 8 |
| (2) A statement that the Authority sent a notice of | 9 |
| impending suspension
of the person's driver's
license, | 10 |
| vehicle registration,
or both, as prescribed by rules | 11 |
| enacted pursuant to subsection (a-5) of
Section
10 of the | 12 |
| Toll Highway Act, to the person named in the report at the
| 13 |
| address recorded with the Secretary of State's vehicle | 14 |
| registrator records
State ; the date on which the notice was
| 15 |
| sent; and the address to which the notice was sent.
| 16 |
| (d) The Authority, after making a certified report to the | 17 |
| Secretary
pursuant to this Section, shall notify the Secretary, | 18 |
| on a form prescribed by
the Secretary, whenever a person named | 19 |
| in the certified report has satisfied
the previously reported | 20 |
| fines or penalties and other costs incurred by the Authority | 21 |
| due to the suspension proceedings, including but not limited to | 22 |
| the filing fees and hearing fees paid by the Authority to the | 23 |
| Secretary of State, or whenever the Authority determines
that | 24 |
| the original report was in error. A certified copy of the | 25 |
| notification
shall also be given upon request and at no | 26 |
| additional charge to the person
named therein. Upon receipt of |
|
|
|
HB1939 |
- 18 - |
LRB095 03910 DRH 23943 b |
|
| 1 |
| the Authority's notification or presentation of
a certified | 2 |
| copy of the notification, the Secretary shall terminate
the | 3 |
| suspension.
| 4 |
| (e) The Authority shall, by rule, establish procedures for | 5 |
| persons to
challenge the accuracy of the certified report made | 6 |
| pursuant to this Section.
The
rule shall also provide the | 7 |
| grounds for a challenge, which may be
limited to:
| 8 |
| (1) the person not having been the owner or lessee of | 9 |
| the vehicle
or
vehicles receiving 5 or more toll violations
| 10 |
| violation or toll evasions
evasion notices on the date
of | 11 |
| the violations in the notice
or dates the notices were | 12 |
| issued ; or
| 13 |
| (2) the person having already satisfied
the fines or | 14 |
| penalties for the 5 or more toll violations or toll | 15 |
| evasions
indicated on the certified report.
| 16 |
| (f) All notices sent by the Authority to persons involved | 17 |
| in administrative
adjudications, hearings, and final orders | 18 |
| issued pursuant to rules
implementing subsection (a-5) of | 19 |
| Section 10 of the Toll Highway Act shall state
that failure
to | 20 |
| satisfy any fine or penalty imposed by the Authority shall | 21 |
| result in the
Secretary of State suspending the driving | 22 |
| privileges, vehicle registration,
or both, of the person | 23 |
| failing to satisfy the fines or penalties imposed by the
| 24 |
| Authority.
| 25 |
| (g) A person may request an administrative hearing to | 26 |
| contest an impending
suspension or a
suspension made
pursuant |
|
|
|
HB1939 |
- 19 - |
LRB095 03910 DRH 23943 b |
|
| 1 |
| to this Section upon filing a written request with the
| 2 |
| Secretary. The filing fee for this hearing is $20, to be paid
| 3 |
| at the time of the request. The Authority shall reimburse the | 4 |
| Secretary
for all reasonable costs incurred by the Secretary as | 5 |
| a result of the
filing of a certified report pursuant to this | 6 |
| Section, including, but not
limited to, the costs of providing | 7 |
| notice required pursuant to subsection (b)
and the costs | 8 |
| incurred
by the Secretary in any hearing conducted with respect | 9 |
| to the report pursuant
to this subsection and any appeal from | 10 |
| that hearing.
| 11 |
| (h) The Secretary and the Authority may promulgate rules to | 12 |
| enable
them to carry out their duties under this Section.
| 13 |
| (i) The Authority shall cooperate with the Secretary in the
| 14 |
| administration of this Section and shall provide the Secretary | 15 |
| with any
information the Secretary may deem necessary for these | 16 |
| purposes, including
regular and timely access to toll violation | 17 |
| enforcement records.
| 18 |
| The Secretary shall cooperate with the Authority in the
| 19 |
| administration of this Section and shall provide the Authority | 20 |
| with any
information the Authority may deem necessary for the | 21 |
| purposes of this Section,
including regular and timely access | 22 |
| to vehicle registration records. Section
2-123 of this Code | 23 |
| shall not apply to the provision of this information, but
the | 24 |
| Secretary shall be reimbursed for the cost of providing this | 25 |
| information.
| 26 |
| (j) For purposes of this Section, the term "Authority" |
|
|
|
HB1939 |
- 20 - |
LRB095 03910 DRH 23943 b |
|
| 1 |
| means the
Illinois State Toll Highway Authority.
| 2 |
| (k) This Section may be extended to other toll facilities | 3 |
| in the State of Illinois through a duly executed agreement | 4 |
| between the Authority and the operator of the toll facility.
| 5 |
| (Source: P.A. 91-277, eff. 1-1-00.)
| 6 |
| (625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303)
| 7 |
| Sec. 6-303. Driving while driver's license, permit or | 8 |
| privilege to
operate a motor vehicle is suspended or revoked.
| 9 |
| (a) Any person who drives or is in actual physical control | 10 |
| of a motor
vehicle on any highway of this State at a time when | 11 |
| such person's driver's
license, permit or privilege to do so or | 12 |
| the privilege to obtain a driver's
license or permit is revoked | 13 |
| or suspended as provided by this Code or the law
of another | 14 |
| state, except as may be specifically allowed by a judicial | 15 |
| driving
permit, family financial responsibility driving | 16 |
| permit, probationary
license to drive, or a restricted driving | 17 |
| permit issued pursuant to this Code
or under the law of another | 18 |
| state, shall be guilty of a Class A misdemeanor.
| 19 |
| (b) The Secretary of State upon receiving a report of the | 20 |
| conviction
of any violation indicating a person was operating a | 21 |
| motor vehicle during
the time when said person's driver's | 22 |
| license, permit or privilege was
suspended by the Secretary, by | 23 |
| the appropriate authority of another state,
or pursuant to | 24 |
| Section 11-501.1; except as may
be specifically allowed by a | 25 |
| probationary license to drive, judicial
driving permit or |
|
|
|
HB1939 |
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LRB095 03910 DRH 23943 b |
|
| 1 |
| restricted driving permit issued pursuant to this Code or
the | 2 |
| law of another state;
shall extend the suspension for the same | 3 |
| period of time as the originally
imposed suspension; however, | 4 |
| if the period of suspension has then expired,
the Secretary | 5 |
| shall be authorized to suspend said person's driving
privileges | 6 |
| for the same period of time as the originally imposed
| 7 |
| suspension; and if the conviction was upon a charge which | 8 |
| indicated that a
vehicle was operated during the time when the | 9 |
| person's driver's license,
permit or privilege was revoked; | 10 |
| except as may be allowed by a restricted
driving permit issued | 11 |
| pursuant to this Code or the law of another state;
the | 12 |
| Secretary shall not issue
a driver's license for an additional | 13 |
| period of one year from the date of
such conviction indicating | 14 |
| such person was operating a vehicle during such
period of | 15 |
| revocation.
| 16 |
| (c) Any person convicted of violating this Section shall | 17 |
| serve a minimum
term of imprisonment of 10 consecutive days or | 18 |
| 30
days of community service
when the person's driving | 19 |
| privilege was revoked or suspended as a result of:
| 20 |
| (1) a violation of Section 11-501 of this Code or a | 21 |
| similar provision
of a local ordinance relating to the | 22 |
| offense of operating or being in physical
control of a | 23 |
| vehicle while under the influence of alcohol, any other | 24 |
| drug
or any combination thereof; or
| 25 |
| (2) a violation of paragraph (b) of Section 11-401 of | 26 |
| this Code or a
similar provision of a local ordinance |
|
|
|
HB1939 |
- 22 - |
LRB095 03910 DRH 23943 b |
|
| 1 |
| relating to the offense of leaving the
scene of a motor | 2 |
| vehicle accident involving personal injury or death; or
| 3 |
| (3) a violation of Section 9-3 of the Criminal Code of | 4 |
| 1961, as amended,
relating to the offense of reckless | 5 |
| homicide; or
| 6 |
| (4) a statutory summary suspension under Section | 7 |
| 11-501.1 of this
Code.
| 8 |
| Such sentence of imprisonment or community service shall | 9 |
| not be subject
to suspension in order to reduce such sentence.
| 10 |
| (c-1) Except as provided in subsection (d), any person | 11 |
| convicted of a
second violation of this Section shall be | 12 |
| ordered by the court to serve a
minimum
of 100 hours of | 13 |
| community service.
| 14 |
| (c-2) In addition to other penalties imposed under this | 15 |
| Section, the
court may impose on any person convicted a fourth | 16 |
| time of violating this
Section any of
the following:
| 17 |
| (1) Seizure of the license plates of the person's | 18 |
| vehicle.
| 19 |
| (2) Immobilization of the person's vehicle for a period | 20 |
| of time
to be determined by the court.
| 21 |
| (d) Any person convicted of a second violation of this
| 22 |
| Section shall be guilty of a Class 4 felony and shall serve a | 23 |
| minimum term of
imprisonment of 30 days or 300 hours of | 24 |
| community service, as determined by the
court, if the
| 25 |
| revocation or
suspension was for a violation of Section 11-401 | 26 |
| or 11-501 of this Code,
or a similar out-of-state offense, or a |
|
|
|
HB1939 |
- 23 - |
LRB095 03910 DRH 23943 b |
|
| 1 |
| similar provision of a local
ordinance, a violation of Section | 2 |
| 9-3 of the Criminal Code of 1961, relating
to the offense of | 3 |
| reckless homicide, or a similar out-of-state offense, or a
| 4 |
| statutory summary suspension under Section 11-501.1 of this | 5 |
| Code.
| 6 |
| (d-1) Except as provided in subsection (d-2) and subsection | 7 |
| (d-3), any
person convicted of
a third or subsequent violation | 8 |
| of this Section shall serve a minimum term of
imprisonment of | 9 |
| 30 days or 300 hours of community service, as determined by the
| 10 |
| court.
| 11 |
| (d-2) Any person convicted of a third violation of this
| 12 |
| Section is guilty of a Class 4 felony and must serve a minimum | 13 |
| term of
imprisonment of 30 days if the revocation or
suspension | 14 |
| was for a violation of Section 11-401 or 11-501 of this Code,
| 15 |
| or a similar out-of-state offense, or a similar provision of a | 16 |
| local
ordinance, a violation of Section 9-3 of the Criminal | 17 |
| Code of 1961, relating
to the offense of reckless homicide, or | 18 |
| a similar out-of-state offense, or a
statutory summary | 19 |
| suspension under Section 11-501.1 of this Code.
| 20 |
| (d-3) Any person convicted of a fourth, fifth, sixth, | 21 |
| seventh, eighth, or ninth violation of this
Section is guilty | 22 |
| of a Class 4 felony and must serve a minimum term of
| 23 |
| imprisonment of 180 days if the revocation or suspension was | 24 |
| for a
violation of Section 11-401 or 11-501 of this Code, or a | 25 |
| similar out-of-state
offense, or a similar provision of a local | 26 |
| ordinance, a violation of
Section 9-3 of the Criminal Code of |
|
|
|
HB1939 |
- 24 - |
LRB095 03910 DRH 23943 b |
|
| 1 |
| 1961, relating to the offense of
reckless homicide, or a | 2 |
| similar out-of-state offense, or a statutory
summary | 3 |
| suspension under Section 11-501.1 of this Code.
| 4 |
| (d-4) Any person convicted of a tenth, eleventh, twelfth, | 5 |
| thirteenth, or fourteenth violation of this Section is guilty | 6 |
| of a Class 3 felony, and is not eligible for probation or | 7 |
| conditional discharge, if the revocation or suspension was for | 8 |
| a violation of Section 11-401 or 11-501 of this Code, or a | 9 |
| similar out-of-state offense, or a similar provision of a local | 10 |
| ordinance, a violation of Section 9-3 of the Criminal Code of | 11 |
| 1961, relating to the offense of reckless homicide, or a | 12 |
| similar out-of-state offense, or a statutory summary | 13 |
| suspension under Section 11-501.1 of this Code. | 14 |
| (d-5) Any person convicted of a fifteenth or subsequent | 15 |
| violation of this Section is guilty of a Class 2 felony, and is | 16 |
| not eligible for probation or conditional discharge, if the | 17 |
| revocation or suspension was for a violation of Section 11-401 | 18 |
| or 11-501 of this Code, or a similar out-of-state offense, or a | 19 |
| similar provision of a local ordinance, a violation of Section | 20 |
| 9-3 of the Criminal Code of 1961, relating to the offense of | 21 |
| reckless homicide, or a similar out-of-state offense, or a | 22 |
| statutory summary suspension under Section 11-501.1 of this | 23 |
| Code.
| 24 |
| (e) Any person in violation of this Section who is also in | 25 |
| violation of
Section 7-601 of this Code relating to mandatory | 26 |
| insurance requirements, in
addition to other penalties imposed |
|
|
|
HB1939 |
- 25 - |
LRB095 03910 DRH 23943 b |
|
| 1 |
| under this Section, shall have his or her
motor vehicle | 2 |
| immediately impounded by the arresting law enforcement | 3 |
| officer.
The motor vehicle may be released to any licensed | 4 |
| driver upon a showing of
proof of insurance for the vehicle | 5 |
| that was impounded and the notarized written
consent for the | 6 |
| release by the vehicle owner.
| 7 |
| (f) For any prosecution under this Section, a certified | 8 |
| copy of the
driving abstract of the defendant shall be admitted | 9 |
| as proof of any prior
conviction.
| 10 |
| (g) The motor vehicle used in a violation of this Section | 11 |
| is subject
to seizure and forfeiture as provided in Sections | 12 |
| 36-1 and 36-2 of the
Criminal Code of 1961 if the person's | 13 |
| driving privilege was revoked
or suspended as a result of a | 14 |
| violation listed in paragraph (1), (2), or
(3) of subsection | 15 |
| (c) of this Section or as a result of a summary
suspension as | 16 |
| provided in paragraph (4) of subsection (c) of this
Section.
| 17 |
| (h) Any person whose suspension was based on Section | 18 |
| 6-306.7 of this Code relating to unpaid toll violations, in | 19 |
| addition to other penalties imposed under this Section, shall | 20 |
| have his or her motor vehicle immediately impounded by the | 21 |
| arresting law enforcement officer. The motor vehicle may be | 22 |
| released to any licensed driver upon a showing of proof of | 23 |
| payment in full of all fines, penalties, and fees related to | 24 |
| the unpaid toll violations and the notarized written consent | 25 |
| for the release by the vehicle owner.
| 26 |
| (Source: P.A. 94-112, eff. 1-1-06.)
|
|
|
|
HB1939 |
- 26 - |
LRB095 03910 DRH 23943 b |
|
| 1 |
| (625 ILCS 5/6-306.7)
| 2 |
| Sec. 6-306.7. Failure to satisfy fines or penalties for | 3 |
| toll violations or
evasions; suspension of driving privileges.
| 4 |
| (a) Upon receipt of a certified report, as prescribed by | 5 |
| subsection (c) of
this Section, from the Authority stating that | 6 |
| the owner of a registered vehicle
has failed to satisfy any | 7 |
| fine or penalty resulting from a final order issued
by the | 8 |
| Authority relating directly or indirectly to 5 or more toll | 9 |
| violations,
toll evasions, or both, the Secretary of State | 10 |
| shall suspend the
driving privileges of the person in
| 11 |
| accordance with the procedures set forth in this Section.
| 12 |
| (b) Following receipt of the certified report of the | 13 |
| Authority as specified
in the Section, the Secretary of State | 14 |
| shall notify the person whose name
appears on the certified | 15 |
| report that the person's driver's license
will be suspended at | 16 |
| the end of a specified period
unless the Secretary of State is | 17 |
| presented with a notice from the
Authority certifying that the | 18 |
| fines or penalties and other costs incurred by the Authority | 19 |
| due to the suspension proceedings, including but not limited to | 20 |
| the filing fees and hearing fees paid by the Authority to the | 21 |
| Secretary of State, owing the Authority have been
satisfied or | 22 |
| that inclusion of that person's name on the certified report | 23 |
| was
in error. The Secretary's notice shall state in substance | 24 |
| the information
contained in the Authority's certified report | 25 |
| to the Secretary, and shall be
effective as specified by |
|
|
|
HB1939 |
- 27 - |
LRB095 03910 DRH 23943 b |
|
| 1 |
| subsection (c) of Section 6-211 of this Code, except as to | 2 |
| those drivers who also have been issued a CDL. If a person also | 3 |
| has been issued a CDL, notice of suspension of that person's | 4 |
| driver's license must be given in writing by certified mail and | 5 |
| is effective on the date listed in the notice of suspension, | 6 |
| except that the notice is not effective until 4 days after the | 7 |
| date on which the notice was deposited into the United States | 8 |
| mail. The notice becomes effective 4 days after its deposit | 9 |
| into the United States mail regardless of whether the Secretary | 10 |
| of State receives the return receipt and regardless of whether | 11 |
| the written notification is returned for any reason to the | 12 |
| Secretary of State as undeliverable.
| 13 |
| (c) The report from the Authority notifying the Secretary | 14 |
| of unsatisfied
fines
or penalties pursuant to this Section | 15 |
| shall be certified and shall contain the
following:
| 16 |
| (1) The name and
, last known address, as recorded in | 17 |
| the Secretary of State's vehicle registration records,
and | 18 |
| driver's license number of the
person
who failed to satisfy | 19 |
| the fines or penalties and the registration number of any
| 20 |
| vehicle known to be registered in this State to that | 21 |
| person.
| 22 |
| (2) A statement that the Authority sent a notice of | 23 |
| impending suspension
of the person's driver's
license, | 24 |
| vehicle registration,
or both, as prescribed by rules | 25 |
| enacted pursuant to subsection (a-5) of
Section
10 of the | 26 |
| Toll Highway Act, to the person named in the report at the
|
|
|
|
HB1939 |
- 28 - |
LRB095 03910 DRH 23943 b |
|
| 1 |
| address recorded with the Secretary of State's vehicle | 2 |
| registration records
State ; the date on which the notice | 3 |
| was
sent; and the address to which the notice was sent.
| 4 |
| (d) The Authority, after making a certified report to the | 5 |
| Secretary
pursuant to this Section, shall notify the Secretary, | 6 |
| on a form prescribed by
the Secretary, whenever a person named | 7 |
| in the certified report has satisfied
the previously reported | 8 |
| fines or penalties and other costs incurred by the Authority | 9 |
| due to the suspension proceedings, including but not limited to | 10 |
| the filing fees and hearing fees paid by the Authority to the | 11 |
| Secretary of State, or whenever the Authority determines
that | 12 |
| the original report was in error. A certified copy of the | 13 |
| notification
shall also be given upon request and at no | 14 |
| additional charge to the person
named therein. Upon receipt of | 15 |
| the Authority's notification or presentation of
a certified | 16 |
| copy of the notification, the Secretary shall terminate
the | 17 |
| suspension.
| 18 |
| (e) The Authority shall, by rule, establish procedures for | 19 |
| persons to
challenge the accuracy of the certified report made | 20 |
| pursuant to this Section.
The
rule shall also provide the | 21 |
| grounds for a challenge, which may be
limited to:
| 22 |
| (1) the person not having been the owner or lessee of | 23 |
| the vehicle
or
vehicles receiving 5 or more toll violations | 24 |
| or toll evasions
evasion notices on the
date
of the | 25 |
| violations in the notices
or dates the notices were issued ; | 26 |
| or
|
|
|
|
HB1939 |
- 29 - |
LRB095 03910 DRH 23943 b |
|
| 1 |
| (2) the person having already satisfied
the fines or | 2 |
| penalties for the 5 or more toll violations or toll | 3 |
| evasions
indicated on the certified report.
| 4 |
| (f) All notices sent by the Authority to persons involved | 5 |
| in administrative
adjudications, hearings, and final orders | 6 |
| issued pursuant to rules
implementing subsection (a-5) of | 7 |
| Section 10 of the Toll Highway Act shall state
that failure
to | 8 |
| satisfy any fine or penalty imposed by the Authority shall | 9 |
| result in the
Secretary of State suspending the driving | 10 |
| privileges, vehicle registration,
or both, of the person | 11 |
| failing to satisfy the fines or penalties imposed by the
| 12 |
| Authority.
| 13 |
| (g) A person may request an administrative hearing to | 14 |
| contest an impending
suspension or a
suspension made
pursuant | 15 |
| to this Section upon filing a written request with the
| 16 |
| Secretary. The filing fee for this hearing is $20, to be paid
| 17 |
| at the time of the request. The Authority shall reimburse the | 18 |
| Secretary
for all reasonable costs incurred by the Secretary as | 19 |
| a result of the
filing of a certified report pursuant to this | 20 |
| Section, including, but not
limited to, the costs of providing | 21 |
| notice required pursuant to subsection (b)
and the costs | 22 |
| incurred
by the Secretary in any hearing conducted with respect | 23 |
| to the report pursuant
to this subsection and any appeal from | 24 |
| that hearing.
| 25 |
| (h) The Secretary and the Authority may promulgate rules to | 26 |
| enable
them to carry out their duties under this Section.
|
|
|
|
HB1939 |
- 30 - |
LRB095 03910 DRH 23943 b |
|
| 1 |
| (i) The Authority shall cooperate with the Secretary in the
| 2 |
| administration of this Section and shall provide the Secretary | 3 |
| with any
information the Secretary may deem necessary for these | 4 |
| purposes, including
regular and timely access to toll violation | 5 |
| enforcement records.
| 6 |
| The Secretary shall cooperate with the Authority in the
| 7 |
| administration of this Section and shall provide the Authority | 8 |
| with any
information the Authority may deem necessary for the | 9 |
| purposes of this Section,
including regular and timely access | 10 |
| to vehicle registration records. Section
2-123 of this Code | 11 |
| shall not apply to the provision of this information, but
the | 12 |
| Secretary shall be reimbursed for the cost of providing this | 13 |
| information.
| 14 |
| (j) For purposes of this Section, the term "Authority" | 15 |
| means the
Illinois State Toll Highway Authority.
| 16 |
| (k) This Section may be extended to other toll facilities | 17 |
| in the State of Illinois through a duly executed agreement | 18 |
| between the Authority and the operator of the toll facility.
| 19 |
| (Source: P.A. 94-218, eff. 7-1-06 .)
| 20 |
| (625 ILCS 5/12-503) (from Ch. 95 1/2, par. 12-503)
| 21 |
| Sec. 12-503. Windshields must be unobstructed and equipped | 22 |
| with wipers.
| 23 |
| (a) No person shall drive a motor vehicle with any sign, | 24 |
| poster, window
application, reflective material, nonreflective | 25 |
| material or tinted film
upon the front windshield, sidewings or |
|
|
|
HB1939 |
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LRB095 03910 DRH 23943 b |
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| side windows immediately adjacent
to each side of the driver. A | 2 |
| nonreflective tinted film may be used along
the uppermost | 3 |
| portion of the windshield if such material does not extend
more | 4 |
| than 6 inches down from the top of the windshield. Nothing in | 5 |
| this
Section shall create a cause of action on behalf of a | 6 |
| buyer against a
dealer or manufacturer who sells a motor | 7 |
| vehicle with a window which is in
violation of this Section.
| 8 |
| (b) Nothing contained in this Section shall prohibit the | 9 |
| use of
nonreflective, smoked or tinted glass, nonreflective | 10 |
| film, perforated
window screen or other decorative window | 11 |
| application on windows to the rear
of the driver's seat, except | 12 |
| that any motor vehicle with a window to the
rear of the | 13 |
| driver's seat treated in this manner shall be equipped with a
| 14 |
| side mirror on each side of the motor vehicle which are in | 15 |
| conformance with
Section 12-502.
| 16 |
| (c) No person shall drive a motor vehicle with any objects | 17 |
| placed or
suspended between the driver and the front | 18 |
| windshield, rear
window, side wings or side windows immediately | 19 |
| adjacent to each side of
the driver which materially obstructs | 20 |
| the driver's view. This subsection (c) does not apply to | 21 |
| automatic vehicle identification transponder devices, cards, | 22 |
| or chips, issued by a governmental body for the purpose of | 23 |
| electronic payment of tolls or other authorized payments, the | 24 |
| exemption of which preempts any local legislation to the | 25 |
| contrary.
| 26 |
| (d) Every motor vehicle, except motorcycles, shall be |
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| equipped with a
device, controlled by the driver, for cleaning | 2 |
| rain, snow, moisture or other
obstructions from the windshield; | 3 |
| and no person shall drive a motor vehicle
with snow, ice, | 4 |
| moisture or other material on any of the windows or
mirrors, | 5 |
| which materially obstructs the driver's clear view of the | 6 |
| highway.
| 7 |
| (e) No person shall drive a motor vehicle when the | 8 |
| windshield, side or
rear windows are in such defective | 9 |
| condition or repair as to materially
impair the driver's view | 10 |
| to the front, side or rear. A vehicle equipped
with a side | 11 |
| mirror on each side of the vehicle which are in conformance
| 12 |
| with Section 12-502 will be deemed to be in compliance in the | 13 |
| event the
rear window of the vehicle is materially obscured.
| 14 |
| (f) Paragraphs (a) and (b) of this Section shall not apply | 15 |
| to:
| 16 |
| (1) motor vehicles manufactured prior to January 1, | 17 |
| 1982; or
| 18 |
| (2) to those motor vehicles properly registered in | 19 |
| another jurisdiction.
| 20 |
| (g) Paragraph (a) of this Section shall not apply to any | 21 |
| motor vehicle with
a window treatment, including but not | 22 |
| limited to a window application,
reflective material, | 23 |
| nonreflective material, or tinted film, applied or affixed
to | 24 |
| the motor vehicle for the purposes set forth in item (1) or (2) | 25 |
| before the
effective date of this amendatory Act of 1997 and:
| 26 |
| (1) that is owned and operated by a person afflicted |
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LRB095 03910 DRH 23943 b |
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| with or suffering
from a medical illness, ailment, or | 2 |
| disease which would require that person
to be shielded from | 3 |
| the direct rays of the sun; or
| 4 |
| (2) that is used in transporting a person when the | 5 |
| person
resides at
the same address as the registered owner | 6 |
| of the vehicle and the
person is
afflicted with or | 7 |
| suffering from a medical illness, ailment or disease
which | 8 |
| would require the person to be shielded from the direct | 9 |
| rays
of the
sun;
| 10 |
| It must be certified by a physician licensed to | 11 |
| practice medicine in
Illinois that such person owning and | 12 |
| operating or being transported in a motor
vehicle is | 13 |
| afflicted with or suffers from such illness, ailment, or | 14 |
| disease and
such certification must be carried in the motor | 15 |
| vehicle at all times. The
certification shall be legible | 16 |
| and shall contain the date of issuance, the
name, address | 17 |
| and signature of the attending physician, and the name, | 18 |
| address,
and medical condition of the person requiring | 19 |
| exemption. The information on
the certificate for a window | 20 |
| treatment applied or affixed before the effective
date of | 21 |
| this amendatory Act of 1997 must remain current and shall | 22 |
| be renewed
annually by the attending physician, but in no | 23 |
| event shall a
certificate issued for purposes of this | 24 |
| subsection be valid on or after
January 1, 2008. The person | 25 |
| shall also submit a copy of the certification to
the | 26 |
| Secretary of
State. The Secretary of State may forward |
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| notice of certification to law
enforcement agencies.
| 2 |
| This subsection shall not be construed to authorize window | 3 |
| treatments
applied or affixed on or after the effective date of | 4 |
| this amendatory Act of
1997.
| 5 |
| The exemption provided by this subsection (g) shall not | 6 |
| apply to any motor
vehicle on and after January 1, 2008.
| 7 |
| This subsection (g) does not apply to the exemption set | 8 |
| forth in subsection (g-5).
| 9 |
| (g-5) Paragraph (a) of this Section does not apply to any | 10 |
| motor vehicle with a window treatment, including but not | 11 |
| limited to a window application, reflective material, | 12 |
| nonreflective material, or tinted film, applied or affixed to a | 13 |
| motor vehicle that: | 14 |
| (i) is owned and operated by a person afflicted with or | 15 |
| suffering from systemic or discoid lupus erythematosus or | 16 |
| albinism; or | 17 |
| (ii) is used in transporting a person who resides at | 18 |
| the same address as the registered owner and is afflicted | 19 |
| with or suffers from systemic or discoid lupus | 20 |
| erythematosus or albinism. | 21 |
| It must be certified by a physician licensed to practice | 22 |
| medicine in Illinois that the person owning and operating or | 23 |
| being transported in a motor vehicle is afflicted with or | 24 |
| suffers from systemic or discoid lupus erythematosus or | 25 |
| albinism and the certification must be carried in the motor | 26 |
| vehicle at all times. The certification shall be legible and |
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| shall contain the date of issuance, the name, address, and | 2 |
| signature of the attending physician, and the name, address, | 3 |
| and medical condition of the person requiring exemption. The | 4 |
| information on the certificate for a window treatment must | 5 |
| remain current and shall be renewed annually by the attending | 6 |
| physician. The owner of the vehicle shall also submit a copy of | 7 |
| the certification to the Secretary of State. The Secretary of | 8 |
| State may forward notice of certification to law enforcement | 9 |
| agencies.
| 10 |
| (h) Paragraph (a) of this Section shall not apply to motor | 11 |
| vehicle
stickers or other certificates issued by State or local | 12 |
| authorities which
are required to be displayed upon motor | 13 |
| vehicle windows to evidence
compliance with requirements | 14 |
| concerning motor vehicles.
| 15 |
| (i) Those motor vehicles exempted under paragraph (f)(1) of | 16 |
| this Section
shall not cause their windows to be treated as | 17 |
| described in paragraph (a) after
January 1, 1993.
| 18 |
| (j) A person found guilty of violating paragraphs (a), (b), | 19 |
| or (i) of this
Section shall be guilty of a petty offense and | 20 |
| fined no less than $50 nor more
than $500. A second or | 21 |
| subsequent violation of paragraphs (a), (b), or (i) of
this | 22 |
| Section shall be treated as a Class C misdemeanor and the | 23 |
| violator fined
no less than $100 nor more than $500. Any person | 24 |
| convicted under paragraphs
(a), (b), or (i) of this Section | 25 |
| shall be ordered to alter any
nonconforming windows into | 26 |
| compliance with this Section.
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| (Source: P.A. 94-564, eff. 8-12-05.)
| 2 |
| (625 ILCS 5/12-610.5)
| 3 |
| Sec. 12-610.5. Registration plate covers.
| 4 |
| (a) In this Section, "registration plate cover" means any | 5 |
| tinted, colored, painted, marked, clear, reflective, | 6 |
| holographic, beveled, streaked, layered, or illuminated object | 7 |
| that is designed to: | 8 |
| (1) cover any of the characters of a motor vehicle's | 9 |
| registration plate; or | 10 |
| (2) distort a recorded image of any of the characters | 11 |
| of a motor vehicle's registration plate recorded by an | 12 |
| automated red light enforcement system as defined in | 13 |
| Section 1-105.5 of this Code ,
or recorded by an automated | 14 |
| traffic control system as defined in Section 15 of the | 15 |
| Automated Traffic Control Systems in Highway Construction | 16 |
| or Maintenance Zones Act , or recorded by a video or photo | 17 |
| surveillance system as provided in subsection (a-5) of | 18 |
| Section 10 of the Toll Highway Act .
| 19 |
| (b) It shall be unlawful to operate any motor vehicle that | 20 |
| is equipped with
registration plate covers. | 21 |
| (c) A person may not sell or offer for sale a registration | 22 |
| plate cover. | 23 |
| (d) A person may not advertise for the purpose of promoting | 24 |
| the sale of registration plate covers.
| 25 |
| (e) A violation of this Section or a similar provision of a |
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| local ordinance
shall be an offense against laws and ordinances | 2 |
| regulating the movement of
traffic.
| 3 |
| (Source: P.A. 94-304, eff. 1-1-06.)
| 4 |
| (625 ILCS 5/12-610.6 new)
| 5 |
| Sec. 12-610.6. Registration plate spray and other recorded | 6 |
| image distorting material. | 7 |
| (a) In this Section, "registration plate spray or other | 8 |
| recorded image distorting material" means any spray, chemical, | 9 |
| substance, or other material that is designed to: | 10 |
| (1) cover any of the characters of a motor vehicle's | 11 |
| registration plate; or | 12 |
| (2) distort a recorded image of any of the characters | 13 |
| of a motor vehicle's registration plate recorded by (i) an | 14 |
| automated red light enforcement system as defined in | 15 |
| Section 1-105.5 of this Code, (ii) an automated traffic | 16 |
| control system as defined in Section 15 of the Automated | 17 |
| Traffic Control Systems in Highway Construction or | 18 |
| Maintenance Zone Act, or (iii) a video or photo | 19 |
| surveillance system as provided in subsection (a-5) of | 20 |
| Section 10 of the Toll Highway Act. | 21 |
| (b) It shall be unlawful to operate any motor vehicle that | 22 |
| is
equipped with registration plate that has been treated with | 23 |
| a spray or other image recording distorting material. | 24 |
| (c) A person may not sell or offer for sale a registration | 25 |
| plate spray or other image recording distorting material. |
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| (d) A person may not advertise for the purpose of promoting | 2 |
| the sale of registration plate spray or other image recording | 3 |
| distorting material. | 4 |
| (e) A violation of this Section or a similar provision of a | 5 |
| local
ordinance is an offense against laws and ordinances | 6 |
| regulating the movement of traffic. | 7 |
| (f) The Illinois Attorney General may file suit against any
| 8 |
| person offering, advertising, or marketing the sale, including | 9 |
| via the
Internet, of any product advertised as having the | 10 |
| capacity to obstruct the visibility or electronic image | 11 |
| recording of a license plate. In addition to injunctive and | 12 |
| monetary relief, punitive damages, and attorneys fees, the suit | 13 |
| shall also seek a full accounting of the records of all sales | 14 |
| to residents of or entities within the State of Illinois. | 15 |
| (g) The Secretary of State shall revoke the registration of | 16 |
| any plate that has been found to be in violation of subsection | 17 |
| (b) of this Section.
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