HB3611 101ST GENERAL ASSEMBLY

LRB101 09072 TAE 54165 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3611

Introduced , by Rep. Marcus C. Evans, Jr.

SYNOPSIS AS INTRODUCED:

625 ILCS 5/6-209.1 new
625 ILCS 5/11-208.3a new

Amends the Illinois Vehicle Code. Provides that the Secretary of State shall rescind the suspension or cancellation of a person's driver's license that has been suspended or canceled prior to the effective date due to specified violations. Provides that, in the case of a license suspended before the effective date due to the person failing to pay any fine or penalty due or owing as a result of 10 or more violations of local standing, parking, or compliance regulations, a local government shall, within 120 days of receiving a list of persons whose licenses have been suspended before the effective date provided by the Secretary of State, provide the person with notice of a right to a hearing. Provides that an individual subject to suspension who has received a notice may, within 45 days of receiving the notice, request a hearing. Provides that, upon individual request, the local government shall conduct a financial hardship hearing before suspension of a license for unpaid fines or penalties. Prescribes requirements for notice and factors to be considered for a determination of financial hardship. Provides that, if an individual qualifies for a payment plan and makes timely payments, the government may not pursue other means to collect on the debt, and, if the individual misses a payment, may, after providing 60 days' written notice, pursue collection of the debt. Provides that a fourth missed payment shall be considered noncompliance. Provides that, if the individual does not appear at the pre-suspension hearing, the hearing officer may find the person in default and provide notice of the determination. Provides that an individual subject to suspension as a result of 10 or more violations of a vehicular standing, parking, or compliance regulation established by ordinance after a hearing officer's determination that the individual is in a financial hardship is not entitled to another financial hardship hearing.

A BILL FOR

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 adding Sections 6-209.1 and 11-208.3a as follows:

(625 ILCS 5/6-209.1 new)

Sec. 6-209.1. Restoration of driving privileges; right to hearing.

(a) The Secretary shall rescind the suspension or cancellation of a person's driver's license that has been suspended or canceled prior to the effective date of this amendatory Act of the 101st General Assembly due to:

(1) the person being convicted of theft of motor fuel under Sections 16-25 or 16K-15 of the Criminal Code of 1961 or the Criminal Code of 2012;

(2) the person, since the issuance of the driver's license, being adjudged to be afflicted with or suffering from any mental disability or disease;

(3) a violation of Section 6-16 of the Liquor Control Act of 1934 or a similar provision of a local ordinance;

(4) the person being convicted of a violation of Section 6-20 of the Liquor Control Act of 1934 or a similar provision of a local ordinance, if the person presents a certified copy of a court order that includes a finding that the person was not an occupant of a motor vehicle at the time of the violation;

(5) the person receiving a disposition of court supervision for a violation of subsections (a), (d), or (e) of Section 6-20 of the Liquor Control Act of 1934 or a similar provision of a local ordinance, if the person presents a certified copy of a court order that includes a finding that the person was not an occupant of a motor vehicle at the time of the violation

(6) the person failing 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;

(7) the person being convicted of a violation of Section 4-102 of this Code, if the person presents a certified copy of a court order that includes a finding that the person did not exercise actual physical control of the vehicle at the time of the violation; or

(8) the person being convicted of criminal trespass to vehicles under Section 21-2 of the Criminal Code of 2012, if the person presents a certified copy of a court order that includes a finding that the person did not exercise actual physical control of the vehicle at the time of the violation.

(b) In the case of a license that has been suspended before the effective date of this amendatory Act of the 101st General Assembly due to the person failing to pay any fine or penalty due or owing as a result of 10 or more violations of a municipality's or county's vehicular standing, parking, or compliance regulations established by ordinance under Section 11-208.3, the municipality or county shall, within 120 days after receiving the list provided by the Secretary under subsection (c), provide the person with notice that the person has a right to a hearing under Section 11-208.3a. The notice shall be sent by first class United States mail, postage prepaid, to the address of the registered owner or lessee of the cited vehicle as recorded with the Secretary of State or the lessor of the motor vehicle or, if any notice to that address is returned as undeliverable or unclaimed, by first class mail to the last known address recorded in a United States Post Office approved database.

(c) The Secretary shall provide a municipality or county with a list of persons whose driver's licenses have been suspended before the effective date of this amendatory Act of the 101th General Assembly due to the person failing to pay any fine or penalty due or owing as a result of 10 or more violations of a municipality's or county's vehicular standing, parking, or compliance regulations established by ordinance under Section 11-208.3.

(625 ILCS 5/11-208.3a new)

Sec. 11-208.3a. Hearing to determine ability to satisfy fines or penalties for 10 or more violations of local standing, parking, or compliance regulations.

(a) An individual subject to suspension of a driver's license under Section 6-306.5 and who has received a notice of impending driver's license suspension, or an individual whose driver's license has been suspended before the effective date of this amendatory Act of the 101th General Assembly and who has received a notice as provided in subsection (b) of Section 6-209.1, may, within 45 days of receiving such notice, request a hearing under this Section. If the individual requests a hearing as provided in this subsection, a municipality or county shall conduct a hearing under this Section before requesting suspension of a license for unpaid fines or penalties, or, with respect to an individual whose driver's license has been suspended before the effective date of this amendatory Act of the 101st General Assembly, due or owing as a result of violations of local standing, parking, or compliance regulations pursuant to Section 6-306.5. The purpose of the hearing is to determine whether the individual cannot pay the fines or penalties because of a financial hardship.

(b) If an individual requests a hearing as provided in subsection (a), the municipality or county shall provide at least 21 days' written notice of the hearing. The notice shall:

(1) include a clear and prominent statement that the hearing will determine whether the individual's driver's license will be, or continue to be, as appropriate, suspended for failing to pay fines or penalties for violations of a municipality's or county's vehicular standing, parking, or compliance regulations;

(2) include a list of all fines or penalties for violations of a municipality's or county's vehicular standing, parking, or compliance regulations leading to the suspension or proposed suspension;

(3) clearly inform the individual that:

(A) at the hearing, a hearing officer may determine whether the individual failed to pay fines or penalties because of a financial hardship;

(B) if the hearing officer determines that the individual failed to pay the fines or penalties because of a financial hardship, the hearing officer shall determine that the municipality or county cannot request suspension of the individual's driver's license or, in the case of a suspended driver's license, that such license shall be restored if the individual establishes a monthly installment payment plan with the municipality or county as provided in subsection (f);

(C) at the hearing, the individual may provide information that he or she is unable to pay the amount due and owing because of a financial hardship;

(D) he or she should bring any documents that show the individual's income, including pay stubs, tax returns, and any documents that show he or she is participating in a program for low-income individuals, such as the Supplemental Nutrition Assistance Program or Medicaid; and

(4) provide the date, time, and location of the hearing.

Notice shall be served by first class United States mail, postage prepaid, to the address of the registered owner or lessee of the cited vehicle as recorded with the Secretary of State or the lessor of the motor vehicle or, if any notice to that address is returned as undeliverable or unclaimed, by first class mail to the last known address recorded in a United States Post Office approved database.

(c) The hearing officer shall make a determination concerning whether the individual is experiencing a financial hardship. An individual is experiencing a financial hardship if he or she:

(1) has a household income of 300% or less than the Federal Poverty Level; or

(2) participates in any of the following programs: Supplemental Security Income; Social Security Disability Income; the Special Supplemental Nutrition Program for Women, Infants and Children; Aid to the Aged, Blind, and Disabled; Temporary Assistance for Needy Families; Unemployment Insurance Benefits; Medicaid; Supplemental Nutrition Assistance Program; Transitional Assistance; or State Children and Family Assistance.

(d) An individual may demonstrate that he or she is experiencing a financial hardship by providing any of the following:

(1) proof of income from a pay stub, bank statement, tax return, rent, or other evidence of earnings; or

(2) eligibility cards or electronic benefit cards or other documents that show participation in a public benefits programs described in subdivision (c)(1)(B).

(e) A hearing officer may continue a hearing as needed to allow the individual to present additional information or enable the hearing officer to make additional determinations.

(f) If, after the hearing, the hearing officer determines that the individual is experiencing a financial hardship, the individual shall be eligible to establish a monthly installment payment plan with the municipality or county of:

(1) $25 for total fines and penalties due and owing that are $500 or less with payments on the plan not to exceed 18 months; or

(2) $50 for total fines and penalties due and owing that are more than $500 with payments on the plan not to exceed 48 months.

If the individual complies with either item (1) or item (2) of this subsection, as applicable, or if the individual has satisfied the fines and penalties due and owing, whichever is the earlier, the fine amount due and owing, and any associated late fees and penalties shall be deemed satisfied.

(g) If the individual enters into a payment plan as provided in subsection (f), the municipality or county may not request the suspension of the individual's driver's license, or in the case of a suspended driver's license, the municipality or county shall request the Secretary to restore the license. Upon such a request, the Secretary shall restore the driving privileges of the individual.

(h) If the individual makes timely payments on a payment plan ordered under this Section, the municipality or county may not pursue other means to collect on the debt. If the individual misses a payment, the municipality or county may, after providing the individual with 60 days' written notice and an opportunity to come current, pursue collection of the debt, including late fees and penalties associated with the debt. The individual shall be given not more than 3 opportunities to come current in the duration of the payment plan, and a fourth missed payment shall be considered to be noncompliance with the payment plan.

(i) If the individual does not appear at the pre-suspension hearing, the hearing officer may find the individual in default and proceed with the hearing and determine that the individual is not experiencing a financial hardship. The municipality or county shall provide written notice of the outcome of the hearing by first class mail, postage prepaid.

(j) Except as otherwise provided in subsection (h), if an individual who has established a payment fails to comply with the payment plan, the municipality or county may pursue any means to collect on the debt.

(k) This Section does not apply to an individual who has become subject to a driver's license suspension under Section 6-306.5 as a result of 10 or more violations of a municipality's or county's vehicular standing, parking, or compliance regulations established by ordinance after a hearing officer's determination that the individual is experiencing a financial hardship.

(1) Nothing in this Section prohibits an individual who is not experiencing a financial hardship from agreeing to a payment plan with the municipality or county in order to satisfy the financial obligations and avoid suspension of the driver's license of the individual.