Illinois General Assembly - Full Text of Public Act 094-0218
Illinois General Assembly

Previous General Assemblies

Public Act 094-0218


 

Public Act 0218 94TH GENERAL ASSEMBLY



 


 
Public Act 094-0218
 
HB2348 Enrolled LRB094 10121 DRH 40382 b

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

Effective Date: 7/1/2006