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Public Act 097-0937
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| HB4988 Enrolled | LRB097 19182 HEP 64424 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 Illinois Vehicle Code is amended by changing |
Section 3-704.1 and adding Section 11-1430.1 as follows:
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(625 ILCS 5/3-704.1)
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Sec. 3-704.1. Municipal vehicle tax liability; suspension |
of registration.
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(a) As used in this Section:
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(1) "Municipality" means a city, village or |
incorporated town with a
population over 1,000,000.
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(2) "Vehicle tax" means a motor vehicle tax and any |
related late fees
or charges imposed by a municipality |
under Section 8-11-4 or the
Illinois Municipal Code or |
under the municipality's home rule powers.
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(3) "Vehicle owner" means the registered owner or |
owners of a vehicle
who are residents of the municipality.
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(b) A municipality that imposes a vehicle tax may, by |
ordinance adopted
under this Section, establish a system |
whereby the municipality
notifies the Secretary of State of |
vehicle tax liability and the Secretary
of State suspends the |
registration of vehicles for which the tax has not
been paid. |
An ordinance establishing a system must provide for the |
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following:
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(1) A first notice for failure to pay a vehicle tax |
shall
be sent by first class mail to the vehicle owner at |
the owner's address
recorded with the Secretary of State |
whenever the municipality has reasonable
cause to believe |
that the vehicle owner has failed to pay a vehicle tax as
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required by ordinance. The notice shall include at least |
the following:
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(A) The name and address of the vehicle owner.
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(B) The registration plate number of the vehicle.
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(C) The period for which the vehicle tax is due.
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(D) The amount of vehicle tax that is due.
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(E) A statement that the vehicle owner's |
registration for the
vehicle will be subject to |
suspension proceedings unless the vehicle owner
pays |
the vehicle tax or successfully contests the owner's |
alleged liability
within 30 days of the date of the |
notice.
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(F) An explanation of the vehicle owner's |
opportunity to be heard
under subsection (c).
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(2) If a vehicle owner fails to pay the vehicle tax or |
to contest
successfully the owner's alleged liability |
within the period specified in the
first notice, a second |
notice of impending registration suspension shall be
sent |
by first class mail to the vehicle owner at the owner's |
address recorded
with the Secretary of State. The notice |
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shall contain the same information as
the first notice, but |
shall also state that the failure to pay the amount
owing, |
or to contest successfully the alleged liability within 45 |
days of the
date of the second notice, will result in the |
municipality's notification of
the Secretary of State that |
the vehicle owner is eligible for initiation of
suspension |
proceedings under this Section.
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(c) An ordinance adopted under this Section must also give |
the
vehicle owner an opportunity to be heard upon the filing of |
a timely
petition with the municipality. A vehicle owner may |
contest the alleged
tax liability either through an |
adjudication by mail or at an
administrative hearing, at the |
option of the vehicle owner. The grounds
upon which the |
liability may be contested may be limited to the following:
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(1) The alleged vehicle owner does not own the vehicle.
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(2) The vehicle is not subject to the vehicle tax by |
law.
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(3) The vehicle tax for the period in question has been |
paid.
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At an administrative hearing, the formal or technical rules |
of evidence
shall not apply. The hearing shall be recorded. The |
person conducting
the hearing shall have the power to |
administer oaths and to secure by
subpoena the attendance and |
testimony of witnesses and the production of
relevant |
documents.
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(d) If a vehicle owner who has been sent a first notice of |
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failure to
pay a vehicle tax and a second notice of impending |
registration suspension
fails to pay the vehicle tax or to |
contest successfully the vehicle owner's
liability within the |
periods specified in the notices, the appropriate
official |
shall cause a certified report to be sent to the Secretary of
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State under subsection (e).
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(e) A report of a municipality notifying the Secretary of |
State of a
vehicle owner's failure to pay a vehicle tax or |
related fines or penalties
under this Section shall be |
certified by the appropriate official and
shall contain the |
following:
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(1) The name, last known address and registration plate |
number of the
vehicle of the person who failed to pay the |
vehicle tax.
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(2) The name of the municipality making the report.
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(3) A statement that the municipality sent notices as |
required by
subsection (b); the date on which the notices |
were sent; the address to
which the notices were sent; and |
the date of the hearing, if any.
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(f) Following receipt of the certified report under this |
Section,
the Secretary of State shall notify the vehicle owner |
that the vehicle's
registration will be suspended at the end of |
a reasonable specified period
of time unless the Secretary of |
State is presented with a notice from the
municipality |
certifying that the person has paid the necessary vehicle tax,
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or that inclusion of that person's name or registration number |
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on the certified
report was in error. The Secretary's notice |
shall state in substance the
information contained in the |
certified report from the municipality to the
Secretary, and |
shall be effective as specified by subsection (c) of Section
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6-211 of this Code. The notice shall also inform the person of |
the person's
right to a hearing under subsection (g).
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(g) An administrative hearing with the Office of the |
Secretary of State
to contest an impending suspension or a |
suspension made under this
Section may be had upon filing a |
written request with the Secretary of
State. The filing fee for |
this hearing shall be $20 to be paid at the time
the request is |
made.
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(1) The scope of any administrative hearing with the |
Secretary of
State to contest an impending suspension under |
this Section shall be
limited to the following issues:
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(A) Whether the report of the appropriate official |
of the municipality
was certified and contained the |
information required by this Section.
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(B) Whether the municipality making the certified |
report to the
Secretary of State established |
procedures by ordinance for persons to
challenge the |
accuracy of the certified report.
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(C) Whether the Secretary of State notified the |
vehicle owner
that the vehicle's registration would be |
suspended at the end of the
specified time period |
unless the Secretary of State was presented with a
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notice from the municipality certifying that the |
person has purchased the
necessary vehicle tax sticker |
or that inclusion of that person's name or
registration |
number on the certified report was in error.
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A municipality that files a certified report with the |
Secretary of State
under this Section shall reimburse the |
Secretary for all reasonable
costs incurred by the Secretary as |
a result of the filing of the report,
including but not limited |
to the costs of providing the notice required
under subsection |
(f) and the costs incurred by the Secretary in any
hearing |
conducted with respect to the report under this subsection
and |
any appeal from that hearing.
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(h) After the expiration of the time specified under |
subsection
(g), the Secretary of State shall, unless the |
suspension is successfully
contested, suspend the registration |
of the vehicle until the Secretary
receives notice under |
subsection (i).
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(i) Any municipality making a certified report to the |
Secretary of State
under this subsection shall notify the |
Secretary of State, in a form
prescribed by the Secretary, |
whenever a person named in the certified
report has |
subsequently paid a vehicle tax or whenever the municipality
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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 in the report. Upon |
receipt of the notification or
presentation of a certified copy |
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of the notification by the municipality, the
Secretary of State |
shall terminate the suspension.
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(j) To facilitate enforcement of municipal vehicle tax |
liability, a municipality may provide by ordinance for a |
program of vehicle immobilization as provided by Section |
11-1430.1 of this Code. |
(Source: P.A. 87-1225.)
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(625 ILCS 5/11-1430.1 new) |
Sec. 11-1430.1. Vehicle immobilization for failure to pay |
municipal vehicle tax violation liability. |
(a) A municipality may provide by ordinance for a program |
of vehicle immobilization to facilitate enforcement of |
municipal vehicle tax liability. The program of vehicle |
immobilization shall provide for immobilizing an eligible |
vehicle upon the public way by presence of a restraint in a |
manner to prevent operation of the vehicle. An ordinance |
establishing a program of vehicle immobilization under this |
Section shall include the following provisions: |
(1) A vehicle shall be eligible for immobilization when |
the registered owner of the vehicle has accumulated the |
number of unpaid final determinations of vehicle tax |
violation liability or other violation liability under |
subsection (c) of Section 11-208.3 of this Code, or both. |
(2) The vehicle owner shall be provided with notice of |
the impending vehicle immobilization and
the right to a |
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hearing to challenge the validity of the action by |
disproving liability for unpaid final determinations of |
vehicle tax or other violation liability under subsection |
(c) of Section 11-208.3 of this Code. |
(3) The vehicle owner shall have the right to a prompt |
hearing after a vehicle has
been immobilized or |
subsequently towed for nonpayment of outstanding fines and |
penalties for which final determinations have been issued. |
An order issued after the hearing is a final administrative |
decision within the meaning of Section 3-101 of the Code of |
Civil Procedure. |
(4) A post-immobilization and post-towing notice
shall |
be provided to the registered owner of the vehicle advising |
the registered owner of the right to a hearing to challenge |
the validity of the impoundment. |
(b) Judicial review of final determinations of vehicle tax |
violations and final administrative decisions issued after |
hearings regarding vehicle immobilization and impoundment made |
under this Section shall be subject to the Administrative |
Review Law. |
(c) A fine, penalty, or part thereof, remaining unpaid |
after the exhaustion of, or the failure to exhaust, |
administrative remedies and the conclusion of judicial review |
procedures shall be a debt due and owing the municipality and, |
as such, may be collected in accordance with applicable law. |
Payment in full of any fine or penalty resulting from a vehicle |