94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB2878


 
Introduced 1/20/2006, by Sen. Martin A. Sandoval
 
SYNOPSIS AS INTRODUCED:
 		














625 ILCS 5/13B-55









    Amends the Illinois Vehicle Code. Deletes language providing that the Secretary of State shall suspend the driving privileges of any vehicle owner who has not complied with the Vehicle Emissions Inspection Law of 1995. Effective immediately.
















LRB094 18028 DRH 53333 b

















 


 


A BILL FOR









 











SB2878

LRB094 18028 DRH 53333 b






1
    AN ACT concerning transportation.

 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:


 
4
    Section 5. The Illinois Vehicle Code is amended  by changing 
5
Section 13B-55 as follows:
 


6
    (625 ILCS 5/13B-55)


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    (Section scheduled to be repealed on July 1, 2007)

8
    (Text of Section before amendment by P.A. 94-218)

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    Sec. 13B-55. Enforcement. 

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    (a) The Agency shall cooperate in the enforcement of this 
11
Chapter by (i)
identifying probable violations through 
12
computer matching of vehicle
registration records and 
13
inspection records; (ii) sending one
notice to each suspected 
14
violator identified through such matching, stating
that 
15
registration and inspection records indicate that the vehicle 
16
owner has
not complied with this Chapter; (iii) directing the 
17
vehicle owner to notify the
Agency or the Secretary of State if 
18
he or she has ceased to own the vehicle or
has changed 
19
residence; and (iv) advising the vehicle owner of the 
20
consequences
of violating this Chapter.

21
    The Agency shall cooperate with the Secretary of State in 
22
the administration
of this Chapter and the related provisions 
23
of Chapter 3, and shall provide the
Secretary of State with 
24
such information as the Secretary of State may deem
necessary 
25
for these purposes, including regular and timely access to 
26
vehicle
inspection records. The Agency shall be reimbursed for 
27
the cost of providing
this information.

28
    The Secretary of State shall cooperate with the Agency in 
29
the
administration of this Chapter and shall provide the Agency 
30
with such
information as the Agency may deem necessary for the 
31
purposes of this Chapter,
including regular and timely access 
32
to vehicle registration records.  Section
2-123 of this Code 
 


 






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1
shall not apply to the provision of this information, but
the 
2
Secretary of State shall be reimbursed for the cost of 
3
providing the
information.

4
    (b) The Secretary of State shall suspend either the driving 
5
privileges or
the vehicle registration, or both, of any vehicle 
6
owner who has not complied
with this Chapter, if (i) the 
7
vehicle owner failed to
satisfactorily respond to the one 
8
notice sent by the Agency under
subsection (a), and (ii) the 
9
Secretary of State has mailed the vehicle owner a
notice that 
10
the suspension will be imposed if the owner does not comply

11
within a stated period, and the Secretary of State has not 
12
received
satisfactory evidence of compliance within that 
13
period.  The Secretary of State
shall send this notice only 
14
after receiving a statement from the Agency that
the vehicle 
15
owner has failed to comply with this Section.  Notice shall be

16
effective as specified in subsection (c) of Section 6-211 of 
17
this Code.

18
    A suspension under this subsection shall not be terminated 
19
until satisfactory
proof of compliance has been submitted to 
20
the Secretary of State.  No driver's
license or permit, or 
21
renewal of a license or permit, may be issued to a person
whose 
22
driving privileges have been suspended under this Section until 
23
the
suspension has been terminated. No vehicle registration or 
24
registration plate
that has been suspended under this Section 
25
may be reinstated or renewed, or
transferred by the owner to 
26
any other vehicle, until the suspension has been
terminated.

27
    The filing fee for an administrative hearing to contest a 
28
suspension made
under this Section shall be $20, to be paid by 
29
the vehicle owner at the
time written request for the hearing 
30
is made to the Secretary of State.

31
    The Secretary of State may promulgate rules to enable him 
32
or her to carry out
his or her duties under this Chapter.

33
(Source: P.A. 88-533.)

 
34
    (Text of Section after amendment by P.A. 94-218)

35
    Sec. 13B-55. Enforcement. 

 


 






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1
    (a) The Agency shall cooperate in the enforcement of this 
2
Chapter by (i)
identifying probable violations through 
3
computer matching of vehicle
registration records and 
4
inspection records; (ii) sending one
notice to each suspected 
5
violator identified through such matching, stating
that 
6
registration and inspection records indicate that the vehicle 
7
owner has
not complied with this Chapter; (iii) directing the 
8
vehicle owner to notify the
Agency or the Secretary of State if 
9
he or she has ceased to own the vehicle or
has changed 
10
residence; and (iv) advising the vehicle owner of the 
11
consequences
of violating this Chapter.

12
    The Agency shall cooperate with the Secretary of State in 
13
the administration
of this Chapter and the related provisions 
14
of Chapter 3, and shall provide the
Secretary of State with 
15
such information as the Secretary of State may deem
necessary 
16
for these purposes, including regular and timely access to 
17
vehicle
inspection records. The Agency shall be reimbursed for 
18
the cost of providing
this information.

19
    The Secretary of State shall cooperate with the Agency in 
20
the
administration of this Chapter and shall provide the Agency 
21
with such
information as the Agency may deem necessary for the 
22
purposes of this Chapter,
including regular and timely access 
23
to vehicle registration records.  Section
2-123 of this Code 
24
shall not apply to the provision of this information, but
the 
25
Secretary of State shall be reimbursed for the cost of 
26
providing the
information.

27
    (b) The Secretary of State shall suspend either the driving 
28
privileges or
the vehicle registration, or both, of any vehicle 
29
owner who has not complied
with this Chapter, if (i) the 
30
vehicle owner failed to
satisfactorily respond to the one 
31
notice sent by the Agency under
subsection (a), and (ii) the 
32
Secretary of State has mailed the vehicle owner a
notice that 
33
the suspension will be imposed if the owner does not comply

34
within a stated period, and the Secretary of State has not 
35
received
satisfactory evidence of compliance within that 
36
period.  The Secretary of State
shall send this notice only 
 


 






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after receiving a statement from the Agency that
the vehicle 
2
owner has failed to comply with this Section.  Notice shall be

3
effective as specified in subsection (c) of Section 6-211 of 
4
this Code, except as to those drivers who also have been issued 
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a CDL. If a person also has been issued a CDL, notice of 
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suspension of that person's driver's license must be given in 
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writing by certified mail and is effective on the date listed 
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in the notice of suspension, except that the notice is not 
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effective until 4 days after the date on which the notice was 
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deposited into the United States mail. The notice becomes 
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effective 4 days after its deposit into the United States mail 
12
regardless of whether the Secretary of State receives the 
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return receipt and regardless of whether the written 
14
notification is returned for any reason to the Secretary of 
15
State as undeliverable.

16
    A suspension under this subsection shall not be terminated 
17
until satisfactory
proof of compliance has been submitted to 
18
the Secretary of State.  No driver's
license or permit, or 
19
renewal of a license or permit, may be issued to a person
whose 
20
driving privileges have been suspended under this Section until 
21
the
suspension has been terminated. No vehicle registration or 
22
registration plate
that has been suspended under this Section 
23
may be reinstated or renewed, or
transferred by the owner to 
24
any other vehicle, until the suspension has been
terminated.

25
    The filing fee for an administrative hearing to contest a 
26
suspension made
under this Section shall be $20, to be paid by 
27
the vehicle owner at the
time written request for the hearing 
28
is made to the Secretary of State.

29
    The Secretary of State may promulgate rules to enable him 
30
or her to carry out
his or her duties under this Chapter.

31
(Source: P.A. 94-218, eff. 7-1-06.)

 
32
    Section 95. No acceleration or delay.  Where this Act makes 
33
changes in a
statute that is represented in this Act by text 
34
that is not yet or no longer in
effect (for example, a Section 
35
represented by multiple versions), the use of
that text does 
 


 






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not accelerate or delay the taking effect of (i) the changes

2
made by this Act or (ii) provisions derived from any other 
3
Public Act.

 

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    Section 99. Effective date. This Act takes effect upon 
5
becoming law.