Illinois General Assembly - Full Text of HB5328
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Full Text of HB5328  101st General Assembly

HB5328 101ST GENERAL ASSEMBLY

  
  

 


 
101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5328

 

Introduced , by Rep. Fred Crespo

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/6-306.5  from Ch. 95 1/2, par. 6-306.5

    Amends the Illinois Vehicle Code. Provides that, if the Secretary of State has received a certified report from a municipality or county stating that the owner of a registered vehicle has failed to pay a fine or penalty due and owing for specific offenses, the municipality or county shall notify the Secretary within 30 days whenever: the person in a certified report has paid the previously reported fine or penalty; the person in a certified report entered into a payment plan pursuant to which the municipality or county has agreed to terminate the suspension; or the municipality or county determines that the original report was in error.


LRB101 18216 LNS 67658 b

 

 

A BILL FOR

 

HB5328LRB101 18216 LNS 67658 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Section 6-306.5 as follows:
 
6    (625 ILCS 5/6-306.5)  (from Ch. 95 1/2, par. 6-306.5)
7    (Text of Section before amendment by P.A. 101-623)
8    Sec. 6-306.5. Failure to pay fine or penalty for standing,
9parking, compliance, automated speed enforcement system, or
10automated traffic law violations; suspension of driving
11privileges.
12    (a) Upon receipt of a certified report, as prescribed by
13subsection (c) of this Section, from any municipality or county
14stating that the owner of a registered vehicle: (1) has failed
15to pay any fine or penalty due and owing as a result of 10 or
16more violations of a municipality's or county's vehicular
17standing, parking, or compliance regulations established by
18ordinance pursuant to Section 11-208.3 of this Code, (2) has
19failed to pay any fine or penalty due and owing as a result of 5
20offenses for automated speed enforcement system violations or
21automated traffic violations as defined in Sections 11-208.6,
2211-208.8, 11-208.9, or 11-1201.1, or combination thereof, or
23(3) is more than 14 days in default of a payment plan pursuant

 

 

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1to which a suspension had been terminated under subsection (c)
2of this Section, the Secretary of State shall suspend the
3driving privileges of such person in accordance with the
4procedures set forth in this Section. The Secretary shall also
5suspend the driving privileges of an owner of a registered
6vehicle upon receipt of a certified report, as prescribed by
7subsection (f) of this Section, from any municipality or county
8stating that such person has failed to satisfy any fines or
9penalties imposed by final judgments for 5 or more automated
10speed enforcement system or automated traffic law violations,
11or combination thereof, or 10 or more violations of local
12standing, parking, or compliance regulations after exhaustion
13of judicial review procedures.
14    (b) Following receipt of the certified report of the
15municipality or county as specified in this Section, the
16Secretary of State shall notify the person whose name appears
17on the certified report that the person's drivers license will
18be suspended at the end of a specified period of time unless
19the Secretary of State is presented with a notice from the
20municipality or county certifying that the fine or penalty due
21and owing the municipality or county has been paid or that
22inclusion of that person's name on the certified report was in
23error. The Secretary's notice shall state in substance the
24information contained in the municipality's or county's
25certified report to the Secretary, and shall be effective as
26specified by subsection (c) of Section 6-211 of this Code.

 

 

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1    (c) The report of the appropriate municipal or county
2official notifying the Secretary of State of unpaid fines or
3penalties pursuant to this Section shall be certified and shall
4contain the following:
5        (1) The name, last known address as recorded with the
6    Secretary of State, as provided by the lessor of the cited
7    vehicle at the time of lease, or as recorded in a United
8    States Post Office approved database if any notice sent
9    under Section 11-208.3 of this Code is returned as
10    undeliverable, and drivers license number of the person who
11    failed to pay the fine or penalty or who has defaulted in a
12    payment plan and the registration number of any vehicle
13    known to be registered to such person in this State.
14        (2) The name of the municipality or county making the
15    report pursuant to this Section.
16        (3) A statement that the municipality or county sent a
17    notice of impending drivers license suspension as
18    prescribed by ordinance enacted pursuant to Section
19    11-208.3 of this Code or a notice of default in a payment
20    plan, to the person named in the report at the address
21    recorded with the Secretary of State or at the last address
22    known to the lessor of the cited vehicle at the time of
23    lease or, if any notice sent under Section 11-208.3 of this
24    Code is returned as undeliverable, at the last known
25    address recorded in a United States Post Office approved
26    database; the date on which such notice was sent; and the

 

 

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1    address to which such notice was sent. In a municipality or
2    county with a population of 1,000,000 or more, the report
3    shall also include a statement that the alleged violator's
4    State vehicle registration number and vehicle make, if
5    specified on the automated speed enforcement system
6    violation or automated traffic law violation notice, are
7    correct as they appear on the citations.
8        (4) A unique identifying reference number for each
9    request of suspension sent whenever a person has failed to
10    pay the fine or penalty or has defaulted on a payment plan.
11    (d) Any municipality or county making a certified report to
12the Secretary of State pursuant to this Section shall notify
13the Secretary of State, in a form prescribed by the Secretary,
14whenever a person named in the certified report has paid the
15previously reported fine or penalty, whenever a person named in
16the certified report has entered into a payment plan pursuant
17to which the municipality or county has agreed to terminate the
18suspension, or whenever the municipality or county determines
19that the original report was in error. A certified copy of such
20notification shall also be given upon request and at no
21additional charge to the person named therein. Upon receipt of
22the municipality's or county's notification or presentation of
23a certified copy of such notification, the Secretary of State
24shall terminate the suspension.
25    (e) Any municipality or county making a certified report to
26the Secretary of State pursuant to this Section shall also by

 

 

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1ordinance establish procedures for persons to challenge the
2accuracy of the certified report. The ordinance shall also
3state the grounds for such a challenge, which may be limited to
4(1) the person not having been the owner or lessee of the
5vehicle or vehicles receiving 10 or more standing, parking, or
6compliance violation notices or a combination of 5 or more
7automated speed enforcement system or automated traffic law
8violations on the date or dates such notices were issued; and
9(2) the person having already paid the fine or penalty for the
1010 or more standing, parking, or compliance violations or
11combination of 5 or more automated speed enforcement system or
12automated traffic law violations indicated on the certified
13report.
14    (f) Any municipality or county, other than a municipality
15or county establishing vehicular standing, parking, and
16compliance regulations pursuant to Section 11-208.3, automated
17speed enforcement system regulations under Section 11-208.8,
18or automated traffic law regulations under Section 11-208.6,
1911-208.9, or 11-1201.1, may also cause a suspension of a
20person's drivers license pursuant to this Section. Such
21municipality or county may invoke this sanction by making a
22certified report to the Secretary of State upon a person's
23failure to satisfy any fine or penalty imposed by final
24judgment for 10 or more violations of local standing, parking,
25or compliance regulations or a combination of 5 or more
26automated speed enforcement system or automated traffic law

 

 

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1violations after exhaustion of judicial review procedures, but
2only if:
3        (1) the municipality or county complies with the
4    provisions of this Section in all respects except in regard
5    to enacting an ordinance pursuant to Section 11-208.3;
6        (2) the municipality or county has sent a notice of
7    impending drivers license suspension as prescribed by an
8    ordinance enacted pursuant to subsection (g) of this
9    Section; and
10        (3) in municipalities or counties with a population of
11    1,000,000 or more, the municipality or county has verified
12    that the alleged violator's State vehicle registration
13    number and vehicle make are correct as they appear on the
14    citations.
15    (g) Any municipality or county, other than a municipality
16or county establishing standing, parking, and compliance
17regulations pursuant to Section 11-208.3, automated speed
18enforcement system regulations under Section 11-208.8, or
19automated traffic law regulations under Section 11-208.6,
2011-208.9, or 11-1201.1, may provide by ordinance for the
21sending of a notice of impending drivers license suspension to
22the person who has failed to satisfy any fine or penalty
23imposed by final judgment for 10 or more violations of local
24standing, parking, or compliance regulations or a combination
25of 5 or more automated speed enforcement system or automated
26traffic law violations after exhaustion of judicial review

 

 

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1procedures. An ordinance so providing shall specify that the
2notice sent to the person liable for any fine or penalty shall
3state that failure to pay the fine or penalty owing within 45
4days of the notice's date will result in the municipality or
5county notifying the Secretary of State that the person's
6drivers license is eligible for suspension pursuant to this
7Section. The notice of impending drivers license suspension
8shall be sent by first class United States mail, postage
9prepaid, to the address recorded with the Secretary of State or
10at the last address known to the lessor of the cited vehicle at
11the time of lease or, if any notice sent under Section 11-208.3
12of this Code is returned as undeliverable, to the last known
13address recorded in a United States Post Office approved
14database.
15    (h) An administrative hearing to contest an impending
16suspension or a suspension made pursuant to this Section may be
17had upon filing a written request with the Secretary of State.
18The filing fee for this hearing shall be $20, to be paid at the
19time the request is made. A municipality or county which files
20a certified report with the Secretary of State pursuant to this
21Section shall reimburse the Secretary for all reasonable costs
22incurred by the Secretary as a result of the filing of the
23report, including but not limited to the costs of providing the
24notice required pursuant to subsection (b) and the costs
25incurred by the Secretary in any hearing conducted with respect
26to the report pursuant to this subsection and any appeal from

 

 

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1such a hearing.
2    (i) The provisions of this Section shall apply on and after
3January 1, 1988.
4    (j) For purposes of this Section, the term "compliance
5violation" is defined as in Section 11-208.3.
6(Source: P.A. 97-333, eff. 8-12-11; 97-672, eff. 7-1-12;
798-556, eff. 1-1-14.)
 
8    (Text of Section after amendment by P.A. 101-623)
9    Sec. 6-306.5. Failure to pay fine or penalty for standing,
10parking, compliance, automated speed enforcement system, or
11automated traffic law violations; suspension of driving
12privileges.
13    (a) Upon receipt of a certified report, as prescribed by
14subsection (c) of this Section, from any municipality or county
15stating that the owner of a registered vehicle has failed to
16pay any fine or penalty due and owing as a result of 5 offenses
17for automated speed enforcement system violations or automated
18traffic violations as defined in Sections 11-208.6, 11-208.8,
1911-208.9, or 11-1201.1, or combination thereof, or (3) is more
20than 14 days in default of a payment plan pursuant to which a
21suspension had been terminated under subsection (c) of this
22Section, the Secretary of State shall suspend the driving
23privileges of such person in accordance with the procedures set
24forth in this Section. The Secretary shall also suspend the
25driving privileges of an owner of a registered vehicle upon

 

 

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1receipt of a certified report, as prescribed by subsection (f)
2of this Section, from any municipality or county stating that
3such person has failed to satisfy any fines or penalties
4imposed by final judgments for 5 or more automated speed
5enforcement system or automated traffic law violations, or
6combination thereof, after exhaustion of judicial review
7procedures.
8    (b) Following receipt of the certified report of the
9municipality or county as specified in this Section, the
10Secretary of State shall notify the person whose name appears
11on the certified report that the person's drivers license will
12be suspended at the end of a specified period of time unless
13the Secretary of State is presented with a notice from the
14municipality or county certifying that the fine or penalty due
15and owing the municipality or county has been paid or that
16inclusion of that person's name on the certified report was in
17error. The Secretary's notice shall state in substance the
18information contained in the municipality's or county's
19certified report to the Secretary, and shall be effective as
20specified by subsection (c) of Section 6-211 of this Code.
21    (c) The report of the appropriate municipal or county
22official notifying the Secretary of State of unpaid fines or
23penalties pursuant to this Section shall be certified and shall
24contain the following:
25        (1) The name, last known address as recorded with the
26    Secretary of State, as provided by the lessor of the cited

 

 

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1    vehicle at the time of lease, or as recorded in a United
2    States Post Office approved database if any notice sent
3    under Section 11-208.3 of this Code is returned as
4    undeliverable, and drivers license number of the person who
5    failed to pay the fine or penalty or who has defaulted in a
6    payment plan and the registration number of any vehicle
7    known to be registered to such person in this State.
8        (2) The name of the municipality or county making the
9    report pursuant to this Section.
10        (3) A statement that the municipality or county sent a
11    notice of impending drivers license suspension as
12    prescribed by ordinance enacted pursuant to Section
13    11-208.3 of this Code or a notice of default in a payment
14    plan, to the person named in the report at the address
15    recorded with the Secretary of State or at the last address
16    known to the lessor of the cited vehicle at the time of
17    lease or, if any notice sent under Section 11-208.3 of this
18    Code is returned as undeliverable, at the last known
19    address recorded in a United States Post Office approved
20    database; the date on which such notice was sent; and the
21    address to which such notice was sent. In a municipality or
22    county with a population of 1,000,000 or more, the report
23    shall also include a statement that the alleged violator's
24    State vehicle registration number and vehicle make, if
25    specified on the automated speed enforcement system
26    violation or automated traffic law violation notice, are

 

 

HB5328- 11 -LRB101 18216 LNS 67658 b

1    correct as they appear on the citations.
2        (4) A unique identifying reference number for each
3    request of suspension sent whenever a person has failed to
4    pay the fine or penalty or has defaulted on a payment plan.
5    (d) Any municipality or county making a certified report to
6the Secretary of State pursuant to this Section shall notify
7the Secretary of State within 30 days, in a form prescribed by
8the Secretary, whenever a person named in the certified report
9has paid the previously reported fine or penalty, whenever a
10person named in the certified report has entered into a payment
11plan pursuant to which the municipality or county has agreed to
12terminate the suspension, or whenever the municipality or
13county determines that the original report was in error. A
14certified copy of such notification shall also be given upon
15request and at no additional charge to the person named
16therein. Upon receipt of the municipality's or county's
17notification or presentation of a certified copy of such
18notification, the Secretary of State shall terminate the
19suspension.
20    (e) Any municipality or county making a certified report to
21the Secretary of State pursuant to this Section shall also by
22ordinance establish procedures for persons to challenge the
23accuracy of the certified report. The ordinance shall also
24state the grounds for such a challenge, which may be limited to
25(1) the person not having been the owner or lessee of the
26vehicle or vehicles receiving a combination of 5 or more

 

 

HB5328- 12 -LRB101 18216 LNS 67658 b

1automated speed enforcement system or automated traffic law
2violations on the date or dates such notices were issued; and
3(2) the person having already paid the fine or penalty for the
4combination of 5 or more automated speed enforcement system or
5automated traffic law violations indicated on the certified
6report.
7    (f) Any municipality or county, other than a municipality
8or county establishing automated speed enforcement system
9regulations under Section 11-208.8, or automated traffic law
10regulations under Section 11-208.6, 11-208.9, or 11-1201.1,
11may also cause a suspension of a person's drivers license
12pursuant to this Section. Such municipality or county may
13invoke this sanction by making a certified report to the
14Secretary of State upon a person's failure to satisfy any fine
15or penalty imposed by final judgment for a combination of 5 or
16more automated speed enforcement system or automated traffic
17law violations after exhaustion of judicial review procedures,
18but only if:
19        (1) the municipality or county complies with the
20    provisions of this Section in all respects except in regard
21    to enacting an ordinance pursuant to Section 11-208.3;
22        (2) the municipality or county has sent a notice of
23    impending drivers license suspension as prescribed by an
24    ordinance enacted pursuant to subsection (g) of this
25    Section; and
26        (3) in municipalities or counties with a population of

 

 

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1    1,000,000 or more, the municipality or county has verified
2    that the alleged violator's State vehicle registration
3    number and vehicle make are correct as they appear on the
4    citations.
5    (g) Any municipality or county, other than a municipality
6or county establishing automated speed enforcement system
7regulations under Section 11-208.8, or automated traffic law
8regulations under Section 11-208.6, 11-208.9, or 11-1201.1,
9may provide by ordinance for the sending of a notice of
10impending drivers license suspension to the person who has
11failed to satisfy any fine or penalty imposed by final judgment
12for a combination of 5 or more automated speed enforcement
13system or automated traffic law violations after exhaustion of
14judicial review procedures. An ordinance so providing shall
15specify that the notice sent to the person liable for any fine
16or penalty shall state that failure to pay the fine or penalty
17owing within 45 days of the notice's date will result in the
18municipality or county notifying the Secretary of State that
19the person's drivers license is eligible for suspension
20pursuant to this Section. The notice of impending drivers
21license suspension shall be sent by first class United States
22mail, postage prepaid, to the address recorded with the
23Secretary of State or at the last address known to the lessor
24of the cited vehicle at the time of lease or, if any notice
25sent under Section 11-208.3 of this Code is returned as
26undeliverable, to the last known address recorded in a United

 

 

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1States Post Office approved database.
2    (h) An administrative hearing to contest an impending
3suspension or a suspension made pursuant to this Section may be
4had upon filing a written request with the Secretary of State.
5The filing fee for this hearing shall be $20, to be paid at the
6time the request is made. A municipality or county which files
7a certified report with the Secretary of State pursuant to this
8Section shall reimburse the Secretary for all reasonable costs
9incurred by the Secretary as a result of the filing of the
10report, including but not limited to the costs of providing the
11notice required pursuant to subsection (b) and the costs
12incurred by the Secretary in any hearing conducted with respect
13to the report pursuant to this subsection and any appeal from
14such a hearing.
15    (i) The provisions of this Section shall apply on and after
16January 1, 1988.
17    (j) For purposes of this Section, the term "compliance
18violation" is defined as in Section 11-208.3.
19(Source: P.A. 101-623, eff. 7-1-20.)
 
20    Section 95. No acceleration or delay. Where this Act makes
21changes in a statute that is represented in this Act by text
22that is not yet or no longer in effect (for example, a Section
23represented by multiple versions), the use of that text does
24not accelerate or delay the taking effect of (i) the changes
25made by this Act or (ii) provisions derived from any other

 

 

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1Public Act.