Full Text of SB1173 095th General Assembly
SB1173eng 95TH GENERAL ASSEMBLY
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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 3. The Illinois Procurement Code is amended by | 5 |
| changing Section 53-30 as follows:
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| (30 ILCS 500/53-30)
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| Sec. 53-30. Illinois State Toll Highway Authority. The | 8 |
| Illinois State Toll
Highway Authority may enter into contracts, | 9 |
| leases, licenses, or agreements under subsection (e) of Section | 10 |
| 11 of the Toll Highway Act for
a term
not to exceed 50
25 years | 11 |
| that relate to the grant of concessions or the leasing
of any | 12 |
| part of
a toll highway for motor fuel service stations and | 13 |
| facilities, garages, stores,
or restaurants .
Nothing in this | 14 |
| Section shall be construed to apply to properties in which the
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| Illinois
State Toll Highway Authority is the lessee. Nothing in | 16 |
| this Section shall be construed as giving the Authority the | 17 |
| power to enter into a sale or lease of the Authority or of all | 18 |
| or substantially all of its assets.
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| (Source: P.A. 91-684, eff. 1-26-00.)
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| Section 5. The Toll Highway Act is amended by changing | 21 |
| Sections 10 and 11 as follows: |
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| (605 ILCS 10/10) (from Ch. 121, par. 100-10)
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| Sec. 10. The Authority shall have power:
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| (a) To pass resolutions, make by-laws, rules and | 4 |
| regulations for the
management, regulation and control of its | 5 |
| affairs, and to fix tolls, and to
make, enact and enforce all | 6 |
| needful rules and regulations in connection
with the | 7 |
| construction, operation, management, care, regulation or
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| protection of its property or any toll highways, constructed or
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| reconstructed hereunder.
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| (a-5) To fix, assess, and collect civil fines for a | 11 |
| vehicle's operation on
a toll highway without the required toll | 12 |
| having been paid.
The Authority may
establish by rule a system | 13 |
| of civil administrative adjudication to adjudicate
only | 14 |
| alleged
instances of a vehicle's operation on a toll highway | 15 |
| without the required toll
having been paid, as detected by the | 16 |
| Authority's video or photo
surveillance system or through the | 17 |
| alleged failure to remit payment within the allotted time | 18 |
| period after being recorded as a non-paying vehicle by a duly | 19 |
| authorized toll collector .
In cases in which the operator of | 20 |
| the vehicle is not the registered
vehicle owner, the | 21 |
| establishment of
ownership of the vehicle creates a rebuttable | 22 |
| presumption that the vehicle was
being operated by an agent
of | 23 |
| the registered vehicle owner. If the registered vehicle owner | 24 |
| liable for a
violation under this Section was
not the operator | 25 |
| of the vehicle at the time of the violation, the owner may
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| maintain an action for
indemnification against the operator in |
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| the circuit court.
Rules establishing a system of civil | 2 |
| administrative
adjudication must
provide for written notice,
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| by first class mail or other means provided by law, to the | 4 |
| address of the
registered owner of the cited
vehicle as | 5 |
| recorded with the Secretary of State's vehicle registration | 6 |
| records or out of state governmental entity
State or to the | 7 |
| lessee of the cited
vehicle at the last address known
to the | 8 |
| lessor of the cited vehicle at the time of the lease,
of the
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| alleged violation and an opportunity to be heard on the | 10 |
| question of the
violation and must provide for the | 11 |
| establishment of a toll-free telephone
number to receive | 12 |
| inquiries concerning alleged violations.
The notice shall also | 13 |
| inform the registered vehicle owner that failure to
contest in | 14 |
| the manner and time
provided shall be deemed an admission of | 15 |
| liability and that a final order of
liability may be entered on | 16 |
| that admission. A duly
authorized agent of the Authority may | 17 |
| perform
or execute the preparation, certification, | 18 |
| affirmation, or
mailing of the notice. A notice of violation, | 19 |
| sworn or affirmed to or certified
by a duly authorized agent of
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| the Authority, or a facsimile of the notice, based upon an | 21 |
| inspection of
photographs, microphotographs,
videotape, or | 22 |
| other recorded images produced
by a video or photo surveillance | 23 |
| system, shall be admitted as
prima facie evidence of the | 24 |
| correctness of the facts contained in the notice or
facsimile.
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| Only civil fines,
along with the corresponding outstanding | 26 |
| toll, and costs
may be imposed by
administrative adjudication. |
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| A fine may be imposed under this paragraph only
if a violation | 2 |
| is established by a preponderance of the evidence. Judicial
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| review of all final orders of the Authority under this | 4 |
| paragraph shall be
conducted in the circuit court of the county | 5 |
| in which the administrative decision was rendered in accordance | 6 |
| with the Administrative Review Law.
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| Any outstanding toll, fine, additional late payment fine, | 8 |
| other
sanction,
or costs imposed, or part of any fine, other | 9 |
| sanction, or costs imposed, remaining unpaid after the | 10 |
| exhaustion of, or the failure to
exhaust, judicial review | 11 |
| procedures under the Administrative Review
Law are a debt due | 12 |
| and owing
the Authority and may be collected in accordance
with | 13 |
| applicable law. After expiration of the period in
which | 14 |
| judicial review under the Administrative Review Law may be
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| sought,
unless stayed by a court of competent jurisdiction, a | 16 |
| final order of
the Authority under this subsection (a-5)
may be | 17 |
| enforced in
the same manner as a judgment entered by a court of | 18 |
| competent jurisdiction.
Notwithstanding any other provision of | 19 |
| this Act, the Authority may, with the approval of the Attorney | 20 |
| General, retain a law firm or law firms with expertise in the | 21 |
| collection of government fines and debts for the purpose of | 22 |
| collecting fines, costs, and other moneys due under this | 23 |
| subsection (a-5).
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| A system of civil administrative adjudication may also | 25 |
| provide for a
program of vehicle
immobilization, tow, or | 26 |
| impoundment for the purpose of facilitating
enforcement of any |
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| final order or orders of
the Authority under this subsection | 2 |
| (a-5) that result in a finding or liability for 5 or more | 3 |
| violations after
expiration of the period in which judicial | 4 |
| review under the Administrative Review Law may be sought. The | 5 |
| Authority may contract with another public or private entity to | 6 |
| provide immobilization, tow, or impoundment services. The | 7 |
| registered vehicle owner of a
vehicle immobilized, towed,
or | 8 |
| impounded for nonpayment of a final order
of the Authority | 9 |
| under this subsection (a-5) shall have the right
to request a | 10 |
| hearing before the Authority's civil administrative | 11 |
| adjudicatory
system to challenge the validity
of the | 12 |
| immobilization, tow, or impoundment.
This hearing, however, | 13 |
| shall not constitute a
readjudication of the merits of | 14 |
| previously adjudicated notices.
Judicial review of all final | 15 |
| orders of the
Authority under this subsection (a-5) shall be | 16 |
| conducted
in the circuit court of the county in which the | 17 |
| administrative decision was rendered in accordance with the | 18 |
| Administrative Review Law. As used in this subsection (a-5), | 19 |
| "vehicle" includes any vehicle as defined in Section 1-217 of | 20 |
| the Illinois Vehicle Code.
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| No commercial entity that is the lessor of a vehicle under | 22 |
| a written lease agreement shall be liable for an administrative | 23 |
| notice of violation for toll evasion issued under this | 24 |
| subsection (a-5) involving that vehicle during the period of | 25 |
| the lease if the lessor provides a copy of the leasing | 26 |
| agreement to the Authority within 21 days of the issue date on |
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| the notice of violation. The leasing agreement also must | 2 |
| contain a provision or addendum informing the lessee that the | 3 |
| lessee is liable for payment of all tolls and any fines for | 4 |
| toll evasion. Each entity must also post a sign at the leasing | 5 |
| counter notifying the lessee of that liability. The copy of the | 6 |
| leasing agreement provided to the Authority must contain the | 7 |
| name, address, and driver's license number of the lessee, as | 8 |
| well as the check-out and return dates and times of the vehicle | 9 |
| and the vehicle license plate number and vehicle make and | 10 |
| model. | 11 |
| As used in this subsection (a-5), "lessor" includes | 12 |
| commercial leasing and rental entities but does not include | 13 |
| public passenger vehicle entities.
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| The Authority shall establish an amnesty program for
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| violations adjudicated under this subsection (a-5). Under the
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| program, any person who has an outstanding notice of violation
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| for toll evasion or a final order of a hearing officer for toll
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| evasion dated prior to the effective date of this amendatory
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| Act of the 94th General Assembly
and who pays to the
Authority | 20 |
| the full percentage amounts listed in this paragraph
remaining | 21 |
| due on the notice of violation or final order of the
hearing | 22 |
| officer and the full fees and costs paid by the Authority to | 23 |
| the Secretary of State relating to suspension proceedings, if | 24 |
| applicable, on or before 5:00 p.m., Central Standard Time,
of | 25 |
| the 60th day after the effective date of this amendatory Act
of | 26 |
| the 94th General Assembly shall not be required to pay more
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| than the listed percentage of the original fine amount and
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| outstanding toll as listed on the notice of violation or final
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| order of the hearing officer and the full fees and costs paid | 4 |
| by the Authority to the Secretary of State relating to | 5 |
| suspension proceedings, if applicable. The payment percentage | 6 |
| scale
shall be as follows: a person with 25 or fewer violations | 7 |
| shall
be eligible for amnesty upon payment of 50% of the | 8 |
| original
fine amount and the outstanding tolls; a person with | 9 |
| more than
25 but fewer than 51 violations shall be eligible for | 10 |
| amnesty
upon payment of 60% of the original fine amount and the
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| outstanding tolls; and a person with 51 or more violations
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| shall be eligible for amnesty upon payment of 75% of the
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| original fine amount and the outstanding tolls. In such a
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| situation, the Executive Director of the Authority or his or
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| her designee is authorized and directed to waive any late fine
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| amount above the applicable percentage of the original fine
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| amount. Partial payment of the amount due shall not be a basis
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| to extend the amnesty payment deadline nor shall it act to
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| relieve the person of liability for payment of the late fine
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| amount. In order to receive amnesty, the full amount of the
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| applicable percentage of the original fine amount and
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| outstanding toll remaining due on the notice of violation or
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| final order of the hearing officer and the full fees and costs | 24 |
| paid by the Authority to the Secretary of State relating to | 25 |
| suspension proceedings, if applicable, must be paid in full by | 26 |
| 5:00
p.m., Central Standard Time, of the 60th day after the
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| effective date of this amendatory Act of the 94th General
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| Assembly. This amendatory Act of the 94th General Assembly has
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| no retroactive effect with regard to payments already tendered
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| to the Authority that were full payments or payments in an
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| amount greater than the applicable percentage, and this Act
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| shall not be the basis for either a refund or a credit. This
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| amendatory Act of the 94th General Assembly does not apply to
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| toll evasion citations issued by the Illinois State Police or
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| other authorized law enforcement agencies and for which payment
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| may be due to or through the clerk of the circuit court. The
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| Authority shall adopt rules as necessary to implement the
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| provisions of this amendatory Act of the 94th General Assembly.
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| The Authority, by a resolution of the Board of Directors, shall
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| have the discretion to implement similar amnesty programs in
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| the future.
The Authority, at its discretion and in | 16 |
| consultation with the Attorney
General, is further authorized | 17 |
| to settle an administrative fine or
penalty if it determines | 18 |
| that settling for less than the full amount
is in the best | 19 |
| interests of the Authority after taking into account
the | 20 |
| following factors:
(1) the merits of the Authority's claim | 21 |
| against the respondent;
(2) the amount that can be collected | 22 |
| relative to the
administrative fine or penalty owed by the | 23 |
| respondent;
(3) the cost of pursuing further enforcement or | 24 |
| collection
action against the respondent;
(4) the likelihood of | 25 |
| collecting the full amount owed; and
(5) the burden on the | 26 |
| judiciary.
The provisions in this Section may be extended to |
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| other
toll facilities in the State of Illinois through a duly
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| executed agreement between the Authority and
the operator of | 3 |
| the toll facility.
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| (b) To prescribe rules and regulations applicable to | 5 |
| traffic on highways
under the jurisdiction of the Authority, | 6 |
| concerning:
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| (1) Types of vehicles permitted to use such highways or | 8 |
| parts thereof,
and classification of such vehicles;
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| (2) Designation of the lanes of traffic to be used by | 10 |
| the different
types of vehicles permitted upon said | 11 |
| highways;
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| (3) Stopping, standing, and parking of vehicles;
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| (4) Control of traffic by means of police officers or | 14 |
| traffic control
signals;
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| (5) Control or prohibition of processions, convoys, | 16 |
| and assemblages of
vehicles and persons;
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| (6) Movement of traffic in one direction only on | 18 |
| designated portions of
said highways;
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| (7) Control of the access, entrance, and exit of | 20 |
| vehicles and persons to
and from said highways; and
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| (8) Preparation, location and installation of all | 22 |
| traffic signs;
and to prescribe further rules and | 23 |
| regulations applicable to such traffic,
concerning matters | 24 |
| not provided for either in the foregoing enumeration or
in | 25 |
| the Illinois Vehicle Code. Notice of such rules and | 26 |
| regulations
shall be posted conspicuously and displayed at |
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| appropriate points and at
reasonable intervals along said | 2 |
| highways, by clearly legible markers or
signs, to provide | 3 |
| notice of the existence of such rules and regulations to
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| persons traveling on said highways. At each toll station, | 5 |
| the Authority
shall make available, free of charge, | 6 |
| pamphlets containing all of such
rules and regulations.
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| (c) The Authority, in fixing the rate for tolls for the | 8 |
| privilege of
using the said toll highways, is authorized and | 9 |
| directed, in fixing such
rates, to base the same upon annual | 10 |
| estimates to be made, recorded and
filed with the Authority. | 11 |
| Said estimates shall include the following: The
estimated total | 12 |
| amount of the use of the toll highways; the estimated
amount of | 13 |
| the revenue to be derived therefrom, which said revenue, when
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| added to all other receipts and income, will be sufficient to | 15 |
| pay the
expense of maintaining and operating said toll | 16 |
| highways, including the
administrative expenses of the | 17 |
| Authority, and to discharge all obligations
of the Authority as | 18 |
| they become due and payable.
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| (d) To accept from any municipality or political | 20 |
| subdivision any lands,
easements or rights in land needed for | 21 |
| the operation, construction,
relocation or maintenance of any | 22 |
| toll highways, with or without payment
therefor, and in its | 23 |
| discretion to reimburse any such municipality or
political | 24 |
| subdivision out of its funds for any cost or expense incurred | 25 |
| in
the acquisition of land, easements or rights in land, in | 26 |
| connection with
the construction and relocation of the said |
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| toll highways, widening,
extending roads, streets or avenues in | 2 |
| connection therewith, or for the
construction of any roads or | 3 |
| streets forming extension to and connections
with or between | 4 |
| any toll highways, or for the cost or expense of widening,
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| grading, surfacing or improving any existing streets or roads | 6 |
| or the
construction of any streets and roads forming extensions | 7 |
| of or connections
with any toll highways constructed, | 8 |
| relocated, operated, maintained or
regulated hereunder by the | 9 |
| Authority. Where property owned by a
municipality or political | 10 |
| subdivision is necessary to the construction of
an approved | 11 |
| toll highway, if the Authority cannot reach an agreement with
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| such municipality or political subdivision and if the use to | 13 |
| which the
property is being put in the hands of the | 14 |
| municipality or political
subdivision is not essential to the | 15 |
| existence or the administration of such
municipality or | 16 |
| political subdivision, the Authority may acquire the
property | 17 |
| by condemnation.
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| (Source: P.A. 94-636, eff. 8-22-05.)
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| (605 ILCS 10/11) (from Ch. 121, par. 100-11)
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| Sec. 11. The Authority shall have power:
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| (a) To enter upon lands, waters and premises in the State | 22 |
| for the
purpose of making surveys, soundings, drillings and | 23 |
| examinations as may be
necessary, expedient or convenient for | 24 |
| the purposes of this Act, and such
entry shall not be deemed to | 25 |
| be a trespass, nor shall an entry for such
purpose be deemed an |
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| entry under any condemnation proceedings which may be
then | 2 |
| pending; provided, however, that the Authority shall make
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| reimbursement for any actual damage resulting to such lands, | 4 |
| waters and
premises as the result of such activities.
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| (b) To construct, maintain and operate stations for the | 6 |
| collection of
tolls or charges upon and along any toll | 7 |
| highways.
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| (c) To provide for the collection of tolls and charges for | 9 |
| the privilege
of using the said toll highways.
Before it adopts | 10 |
| an increase in the
rates for toll, the Authority shall hold a | 11 |
| public
hearing at which any person may appear, express | 12 |
| opinions, suggestions, or
objections, or direct inquiries | 13 |
| relating to the proposed increase.
Any person may submit a | 14 |
| written statement to the Authority at
the hearing, whether | 15 |
| appearing in person or not. The hearing shall be held in
the | 16 |
| county in which the proposed
increase of the rates is to take | 17 |
| place. The
Authority shall give notice of the hearing by | 18 |
| advertisement on
3 successive days at least 15 days prior to | 19 |
| the date of the hearing in a daily
newspaper of general | 20 |
| circulation within the county within which the
hearing is held.
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| The notice shall state the date, time, and place of the | 22 |
| hearing, shall contain
a description of the proposed increase, | 23 |
| and shall
specify how interested persons may obtain copies of | 24 |
| any reports, resolutions,
or certificates describing the basis | 25 |
| on which the proposed change, alteration,
or modification was | 26 |
| calculated. After consideration of any statements filed or
oral |
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| opinions, suggestions, objections, or inquiries made at the | 2 |
| hearing, the
Authority may proceed to adopt the proposed | 3 |
| increase
of the rates for toll. No change or alteration in or | 4 |
| modification
of the rates for toll shall be effective unless at | 5 |
| least 30 days
prior to the effective date of such rates notice | 6 |
| thereof
shall be given to
the public by publication in a | 7 |
| newspaper of general circulation, and such
notice, or notices, | 8 |
| thereof shall be posted and publicly displayed at each
and | 9 |
| every toll station upon or along said toll highways.
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| (d) To construct, at the Authority's discretion, grade | 11 |
| separations
at intersections with any railroads, waterways, | 12 |
| street railways, streets,
thoroughfares, public roads or | 13 |
| highways intersected by the said toll
highways, and to change | 14 |
| and adjust the lines and grades thereof so as to
accommodate | 15 |
| the same to the design of such grade separation and to
| 16 |
| construct interchange improvements. The Authority is | 17 |
| authorized to provide
such grade separations or interchange | 18 |
| improvements at its own cost or to
enter into contracts or | 19 |
| agreements with reference to division of cost
therefor with any | 20 |
| municipality or political subdivision of the State of
Illinois, | 21 |
| or with the Federal Government, or any agency thereof, or with
| 22 |
| any corporation, individual, firm, person or association. | 23 |
| Where such
structures have been built by the Authority and a | 24 |
| local highway agency did
not enter into an agreement to the | 25 |
| contrary, the Authority shall maintain
the entire structure, | 26 |
| including the road surface, at the Authority's expense.
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| (e) To contract with and grant concessions to or lease or | 2 |
| license to any
person, partnership, firm, association or | 3 |
| corporation so desiring the use
of any part of any toll | 4 |
| highways, excluding the paved portion thereof, but
including | 5 |
| the right of way adjoining, under, or over said paved portion | 6 |
| for
the placing of telephone, telegraph, electric, power lines | 7 |
| and other
utilities, and for the placing of pipe lines, and to | 8 |
| enter into operating
agreements with or to contract with and | 9 |
| grant concessions to or to lease to
any person, partnership, | 10 |
| firm, association or corporation so desiring the
use of any | 11 |
| part of the toll highways, excluding the paved portion thereof,
| 12 |
| but including the right of way adjoining, or over said paved | 13 |
| portion for
motor fuel service stations and facilities, | 14 |
| garages, stores and
restaurants, hotels, or for any other | 15 |
| lawful purpose, and to fix the terms,
conditions, rents, rates | 16 |
| and charges for such use.
Notwithstanding any law to the | 17 |
| contrary, beginning on the effective date of this amendatory | 18 |
| Act of the 95th General Assembly, the Authority shall have the | 19 |
| power to enter into these concessions, licenses, or leases with | 20 |
| terms of up to 50 years. Nothing in this Section shall be | 21 |
| construed as giving the Authority the power to enter into a | 22 |
| sale or lease of the Authority or of all or substantially all | 23 |
| of its assets.
| 24 |
| The Authority shall also have power to establish reasonable | 25 |
| regulations
for the installation, construction, maintenance, | 26 |
| repair, renewal,
relocation and removal of pipes, mains, |
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| conduits, cables, wires, towers,
poles and other equipment and | 2 |
| appliances (herein called public utilities)
of any public | 3 |
| utility as defined in the Public Utilities Act along,
over or | 4 |
| under any toll road project. Whenever the Authority shall | 5 |
| determine
that it is necessary that any such public utility | 6 |
| facilities which now are
located in, on, along, over or under | 7 |
| any project or projects be relocated
or removed entirely from | 8 |
| any such project or projects, the public utility
owning or | 9 |
| operating such facilities shall relocate or remove the same in
| 10 |
| accordance with the order of the Authority. All costs and | 11 |
| expenses of such
relocation or removal, including the cost of | 12 |
| installing such facilities in
a new location or locations, and | 13 |
| the cost of any land or lands, or interest
in land, or any | 14 |
| other rights required to accomplish such relocation or
removal | 15 |
| shall be ascertained and paid by the Authority as a part of the
| 16 |
| cost of any such project or projects, and further, there shall | 17 |
| be no rent,
fee or other charge of any kind imposed upon the | 18 |
| public utility owning or
operating any facilities ordered | 19 |
| relocated on the properties of the said
Authority and the said | 20 |
| Authority shall grant to the said public utility
owning or | 21 |
| operating said facilities and its successors and assigns the
| 22 |
| right to operate the same in the new location or locations for | 23 |
| as long a
period and upon the same terms and conditions as it | 24 |
| had the right to
maintain and operate such facilities in their | 25 |
| former location or locations.
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| (f) To enter into an intergovernmental agreement or |
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| contract with a unit of local government or other
public or | 2 |
| private entity for the collection, enforcement, and | 3 |
| administration
of tolls,
fees, revenue, and violations.
| 4 |
| (g) To enter into an agreement involving the use of | 5 |
| Authority assets for promotional purposes so long as the | 6 |
| Authority finds that the agreement provides a benefit to the | 7 |
| Authority or its customers.
| 8 |
| (Source: P.A. 94-636, eff. 8-22-05.)
| 9 |
| Section 10. The Illinois Vehicle Code is amended by | 10 |
| changing Sections 3-413, 3-702, 3-704.2, 6-303, 6-306.7, | 11 |
| 12-503, and 12-610.5 and adding Section 12-610.6 as follows:
| 12 |
| (625 ILCS 5/3-413) (from Ch. 95 1/2, par. 3-413)
| 13 |
| Sec. 3-413. Display of registration plates, registration | 14 |
| stickers
and drive-away permits.
| 15 |
| (a) Registration plates issued for a
motor vehicle other | 16 |
| than a motorcycle, trailer, semitrailer,
truck-tractor, | 17 |
| apportioned bus, or apportioned truck shall be attached
| 18 |
| thereto, one in the front and one in the
rear. The registration | 19 |
| plate issued for a motorcycle, trailer or
semitrailer required | 20 |
| to be registered hereunder and any apportionment
plate issued | 21 |
| to a bus under the provisions of this Code shall be attached
to | 22 |
| the rear thereof. The registration plate issued for a | 23 |
| truck-tractor or
an apportioned truck required to be registered | 24 |
| hereunder shall be
attached to the front thereof.
|
|
|
|
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LRB095 03912 DRH 23945 b |
|
| 1 |
| (b) Every registration plate shall at all times be securely | 2 |
| fastened
in a horizontal position to the vehicle for which it | 3 |
| is issued so as to
prevent the plate from swinging and at a | 4 |
| height of not less than 5
inches from the ground, measuring | 5 |
| from the bottom of such plate, in a
place and position to be | 6 |
| clearly visible and shall be maintained in a
condition to be | 7 |
| clearly legible, free
from any materials that would obstruct | 8 |
| the visibility or electronic image recording of the plate,
| 9 |
| including, but not limited to, glass covers and tinted plastic | 10 |
| covers and any covers, coating, wrappings, materials, | 11 |
| streaking, distorting,
holographic, reflective or other | 12 |
| devices that obstructs the visibility or
electronic image | 13 |
| recording of the plate. This subsection (b) shall not apply
to | 14 |
| automatic vehicle identification transponder devices, cards or | 15 |
| chips
issued by a governmental body for the purpose of | 16 |
| electronic payment of tolls
or other authorized payments, the | 17 |
| exemption of which shall preempt any local
legislation to the | 18 |
| contrary. If a Department of State Police Officer or local
law | 19 |
| enforcement officer having jurisdiction observes that a cover | 20 |
| or other
device or material or substance is obstructing the | 21 |
| visibility or electronic
image recording of the plate, the | 22 |
| officer shall issue a Uniform Traffic
Citation and shall | 23 |
| confiscate the cover or other device that obstructs the
| 24 |
| visibility or electronic image recording of the plate. If the | 25 |
| Department of State Police Officer or
local law enforcement | 26 |
| officer having jurisdiction observes that the plate itself
has |
|
|
|
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LRB095 03912 DRH 23945 b |
|
| 1 |
| been physically treated with a substance or material that is | 2 |
| obstructing
the visibility or electronic image recording of the | 3 |
| plate, the officer
shall issue a Uniform Traffic Citation and | 4 |
| shall confiscate the plate. A fine
of $75 shall be imposed in | 5 |
| any instance where a plate cover obstructs the
visibility or | 6 |
| electronic image recording of the plate. A fine of $1,000 shall
| 7 |
| be imposed where a plate has been physically altered with any | 8 |
| chemical or
reflective substance or coating that obstructs the | 9 |
| visibility or electronic
image recording of the plate. The | 10 |
| Secretary of State shall revoke the
registration of any plate | 11 |
| that has been found by a court or administrative
tribunal to | 12 |
| have been physically altered with any chemical or reflective
| 13 |
| substance or coating that obstructs the visibility or | 14 |
| electronic image
recording of the plate . Clear
plastic covers | 15 |
| are permissible as long as they remain clear and do not | 16 |
| obstruct
the visibility of the plates. Registration stickers | 17 |
| issued as
evidence of renewed annual registration shall be | 18 |
| attached to registration
plates as required by the Secretary of | 19 |
| State, and be clearly visible at
all times.
| 20 |
| The Illinois Attorney General may file suit against any | 21 |
| individual or
entity offering or marketing the sale, including | 22 |
| via the Internet, of any
product advertised as having the | 23 |
| capacity to obstruct the visibility or
electronic image | 24 |
| recording of a license plate. In addition to injunctive and
| 25 |
| monetary relief, punitive damages and attorneys fees, the suit | 26 |
| shall also
seek a full accounting of the records of all sales |
|
|
|
SB1173 Engrossed |
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LRB095 03912 DRH 23945 b |
|
| 1 |
| to residents of or
entities within the State of Illinois.
| 2 |
| (c) Every drive-away permit issued pursuant to this
Code | 3 |
| shall
be firmly attached to the motor vehicle in the manner | 4 |
| prescribed by the Secretary of State. If a drive-away permit is | 5 |
| affixed to a motor vehicle in any other manner the
permit shall | 6 |
| be void and of no effect.
| 7 |
| (d) The Illinois prorate decal issued to a foreign | 8 |
| registered
vehicle part of a fleet prorated or apportioned with | 9 |
| Illinois, shall be
displayed on a registration plate and | 10 |
| displayed on the front of such
vehicle in the same manner as an | 11 |
| Illinois registration plate.
| 12 |
| (e) The registration plate issued for a camper body mounted | 13 |
| on a
truck displaying registration plates shall be attached to | 14 |
| the rear of
the camper body.
| 15 |
| (f) No person shall operate a vehicle, nor permit the | 16 |
| operation of a
vehicle, upon which is displayed an Illinois | 17 |
| registration plate, plates
or registration stickers after the | 18 |
| termination of the registration
period for which issued or | 19 |
| after the expiration date set pursuant to
Sections 3-414 and | 20 |
| 3-414.1 of this Code.
| 21 |
| (Source: P.A. 92-668, eff. 1-1-03; 92-680, eff. 7-16-02; | 22 |
| revised 10-2-02.)
| 23 |
| (625 ILCS 5/3-702) (from Ch. 95 1/2, par. 3-702)
| 24 |
| Sec. 3-702. Operation of vehicle when registration | 25 |
| cancelled,
suspended or revoked.
|
|
|
|
SB1173 Engrossed |
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LRB095 03912 DRH 23945 b |
|
| 1 |
| (a) No person shall operate, nor shall an owner
knowingly | 2 |
| permit to be operated, upon any highway:
| 3 |
| (1) A vehicle the registration of which has been | 4 |
| cancelled,
suspended or revoked; or
| 5 |
| (2) A vehicle properly registered in another | 6 |
| Reciprocal State,
the foreign registration of which, or the | 7 |
| Illinois Reciprocity
Permit or Decal of which, has been | 8 |
| cancelled, suspended or revoked.
| 9 |
| (b) No person shall use, nor shall any owner use or | 10 |
| knowingly permit the
use of any Illinois registration plate, | 11 |
| plates or registration sticker,
or any Illinois Reciprocity | 12 |
| Permit or Prorate Decal which has
been cancelled, suspended or | 13 |
| revoked.
| 14 |
| (c) Any violation of this Section is a Class A misdemeanor | 15 |
| unless:
| 16 |
| 1. the registration of the motor vehicle has been | 17 |
| suspended for
noninsurance, then the provisions of Section | 18 |
| 3-708 of this Code apply in
lieu of this Section.
| 19 |
| 2. the registration of the motor vehicle has been | 20 |
| suspended for
failure to purchase a vehicle tax sticker | 21 |
| pursuant to Section 3-704.1 of
this Code, then the
| 22 |
| violation shall be considered a business offense and the | 23 |
| person shall be
required to pay a fine in excess of $500, | 24 |
| but not more than $1,000.
| 25 |
| (d) Any person whose suspension was based on Section | 26 |
| 3-704.2 of this Code relating to unpaid toll violations, in |
|
|
|
SB1173 Engrossed |
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LRB095 03912 DRH 23945 b |
|
| 1 |
| addition to other penalties imposed under this Section, shall | 2 |
| have his or her motor vehicle immediately impounded by the | 3 |
| arresting law enforcement officer. The motor vehicle may be | 4 |
| released to any licensed driver upon a showing of proof of | 5 |
| payment in full of all fines, penalties and fees related to the | 6 |
| unpaid toll violations and the notarized written consent for | 7 |
| the release by the vehicle owner.
| 8 |
| (Source: P.A. 86-149; 87-1225 .)
| 9 |
| (625 ILCS 5/3-704.2)
| 10 |
| Sec. 3-704.2. Failure to satisfy fines or penalties for | 11 |
| toll violations or
evasions; suspension of vehicle | 12 |
| registration.
| 13 |
| (a) Upon receipt of a certified report, as prescribed by | 14 |
| subsection (c) of
this Section, from the Authority stating that | 15 |
| the owner of a registered vehicle
has failed to satisfy any | 16 |
| fine or penalty resulting from a final order issued
by the | 17 |
| Authority relating directly or indirectly to 5 or more toll | 18 |
| violations,
toll evasions, or both, the Secretary of State | 19 |
| shall suspend
the vehicle registration of the person in
| 20 |
| accordance with the procedures set forth in this Section.
| 21 |
| (b) Following receipt of the certified report of the | 22 |
| Authority as specified
in the Section, the Secretary of State | 23 |
| shall notify the person whose name
appears on the certified | 24 |
| report that the person's vehicle
registration will be suspended | 25 |
| at the end of a specified period
unless the Secretary of State |
|
|
|
SB1173 Engrossed |
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LRB095 03912 DRH 23945 b |
|
| 1 |
| is presented with a notice from the
Authority certifying that | 2 |
| the fines or penalties and other costs incurred by the | 3 |
| Authority due to the suspension proceedings, including but not | 4 |
| limited to the filing fees and hearing fees paid by the | 5 |
| Authority to the Secretary of State, owing the Authority have | 6 |
| been
satisfied or that inclusion of that person's name on the | 7 |
| certified report was
in error. The Secretary's notice shall | 8 |
| state in substance the information
contained in the Authority's | 9 |
| certified report to the Secretary, and shall be
effective as | 10 |
| specified by subsection (c) of Section 6-211 of this Code.
| 11 |
| (c) The report from the Authority notifying the Secretary | 12 |
| of unsatisfied
fines
or penalties pursuant to this Section | 13 |
| shall be certified and shall contain the
following:
| 14 |
| (1) The name and , last known address, as recorded in | 15 |
| the Secretary of State's vehicle registration records,
and | 16 |
| driver's license number of the
person
who failed to satisfy | 17 |
| the fines or penalties and the registration number of any
| 18 |
| vehicle known to be registered in this State to that | 19 |
| person.
| 20 |
| (2) A statement that the Authority sent a notice of | 21 |
| impending suspension
of the person's driver's
license, | 22 |
| vehicle registration,
or both, as prescribed by rules | 23 |
| enacted pursuant to subsection (a-5) of
Section
10 of the | 24 |
| Toll Highway Act, to the person named in the report at the
| 25 |
| address recorded with the Secretary of State's vehicle | 26 |
| registration records
State ; the date on which the notice |
|
|
|
SB1173 Engrossed |
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LRB095 03912 DRH 23945 b |
|
| 1 |
| was
sent; and the address to which the notice was sent.
| 2 |
| (d) The Authority, after making a certified report to the | 3 |
| Secretary
pursuant to this Section, shall notify the Secretary, | 4 |
| on a form prescribed by
the Secretary, whenever a person named | 5 |
| in the certified report has satisfied
the previously reported | 6 |
| fines or penalties and other costs incurred by the Authority | 7 |
| due to the suspension proceedings, including but not limited to | 8 |
| the filing fees and hearing fees paid by the Authority to the | 9 |
| Secretary of State, or whenever the Authority determines
that | 10 |
| the original report was in error. A certified copy of the | 11 |
| notification
shall also be given upon request and at no | 12 |
| additional charge to the person
named therein. Upon receipt of | 13 |
| the Authority's notification or presentation of
a certified | 14 |
| copy of the notification, the Secretary shall terminate
the | 15 |
| suspension.
| 16 |
| (e) The Authority shall, by rule, establish procedures for | 17 |
| persons to
challenge the accuracy of the certified report made | 18 |
| pursuant to this Section.
The
rule shall also provide the | 19 |
| grounds for a challenge, which may be
limited to:
| 20 |
| (1) the person not having been the owner or lessee of | 21 |
| the vehicle
or
vehicles receiving 5 or more toll violations
| 22 |
| violation or toll evasions
evasion notices on the date
of | 23 |
| the violations in the notice
or dates the notices were | 24 |
| issued ; or
| 25 |
| (2) the person having already satisfied
the fines or | 26 |
| penalties for the 5 or more toll violations or toll |
|
|
|
SB1173 Engrossed |
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LRB095 03912 DRH 23945 b |
|
| 1 |
| evasions
indicated on the certified report.
| 2 |
| (f) All notices sent by the Authority to persons involved | 3 |
| in administrative
adjudications, hearings, and final orders | 4 |
| issued pursuant to rules
implementing subsection (a-5) of | 5 |
| Section 10 of the Toll Highway Act shall state
that failure
to | 6 |
| satisfy any fine or penalty imposed by the Authority shall | 7 |
| result in the
Secretary of State suspending the driving | 8 |
| privileges, vehicle registration,
or both, of the person | 9 |
| failing to satisfy the fines or penalties imposed by the
| 10 |
| Authority.
| 11 |
| (g) A person may request an administrative hearing to | 12 |
| contest an impending
suspension or a
suspension made
pursuant | 13 |
| to this Section upon filing a written request with the
| 14 |
| Secretary. The filing fee for this hearing is $20, to be paid
| 15 |
| at the time of the request. The Authority shall reimburse the | 16 |
| Secretary
for all reasonable costs incurred by the Secretary as | 17 |
| a result of the
filing of a certified report pursuant to this | 18 |
| Section, including, but not
limited to, the costs of providing | 19 |
| notice required pursuant to subsection (b)
and the costs | 20 |
| incurred
by the Secretary in any hearing conducted with respect | 21 |
| to the report pursuant
to this subsection and any appeal from | 22 |
| that hearing.
| 23 |
| (h) The Secretary and the Authority may promulgate rules to | 24 |
| enable
them to carry out their duties under this Section.
| 25 |
| (i) The Authority shall cooperate with the Secretary in the
| 26 |
| administration of this Section and shall provide the Secretary |
|
|
|
SB1173 Engrossed |
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LRB095 03912 DRH 23945 b |
|
| 1 |
| with any
information the Secretary may deem necessary for these | 2 |
| purposes, including
regular and timely access to toll violation | 3 |
| enforcement records.
| 4 |
| The Secretary shall cooperate with the Authority in the
| 5 |
| administration of this Section and shall provide the Authority | 6 |
| with any
information the Authority may deem necessary for the | 7 |
| purposes of this Section,
including regular and timely access | 8 |
| to vehicle registration records. Section
2-123 of this Code | 9 |
| shall not apply to the provision of this information, but
the | 10 |
| Secretary shall be reimbursed for the cost of providing this | 11 |
| information.
| 12 |
| (j) For purposes of this Section, the term "Authority" | 13 |
| means the
Illinois State Toll Highway Authority.
| 14 |
| (k) This Section may be extended to other toll facilities | 15 |
| in the State of Illinois through a duly executed agreement | 16 |
| between the Authority and the operator of the toll facility.
| 17 |
| (Source: P.A. 91-277, eff. 1-1-00.)
| 18 |
| (625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303)
| 19 |
| Sec. 6-303. Driving while driver's license, permit or | 20 |
| privilege to
operate a motor vehicle is suspended or revoked.
| 21 |
| (a) Any person who drives or is in actual physical control | 22 |
| of a motor
vehicle on any highway of this State at a time when | 23 |
| such person's driver's
license, permit or privilege to do so or | 24 |
| the privilege to obtain a driver's
license or permit is revoked | 25 |
| or suspended as provided by this Code or the law
of another |
|
|
|
SB1173 Engrossed |
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LRB095 03912 DRH 23945 b |
|
| 1 |
| state, except as may be specifically allowed by a judicial | 2 |
| driving
permit, family financial responsibility driving | 3 |
| permit, probationary
license to drive, or a restricted driving | 4 |
| permit issued pursuant to this Code
or under the law of another | 5 |
| state, shall be guilty of a Class A misdemeanor.
| 6 |
| (b) The Secretary of State upon receiving a report of the | 7 |
| conviction
of any violation indicating a person was operating a | 8 |
| motor vehicle during
the time when said person's driver's | 9 |
| license, permit or privilege was
suspended by the Secretary, by | 10 |
| the appropriate authority of another state,
or pursuant to | 11 |
| Section 11-501.1; except as may
be specifically allowed by a | 12 |
| probationary license to drive, judicial
driving permit or | 13 |
| restricted driving permit issued pursuant to this Code or
the | 14 |
| law of another state;
shall extend the suspension for the same | 15 |
| period of time as the originally
imposed suspension; however, | 16 |
| if the period of suspension has then expired,
the Secretary | 17 |
| shall be authorized to suspend said person's driving
privileges | 18 |
| for the same period of time as the originally imposed
| 19 |
| suspension; and if the conviction was upon a charge which | 20 |
| indicated that a
vehicle was operated during the time when the | 21 |
| person's driver's license,
permit or privilege was revoked; | 22 |
| except as may be allowed by a restricted
driving permit issued | 23 |
| pursuant to this Code or the law of another state;
the | 24 |
| Secretary shall not issue
a driver's license for an additional | 25 |
| period of one year from the date of
such conviction indicating | 26 |
| such person was operating a vehicle during such
period of |
|
|
|
SB1173 Engrossed |
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LRB095 03912 DRH 23945 b |
|
| 1 |
| revocation.
| 2 |
| (c) Any person convicted of violating this Section shall | 3 |
| serve a minimum
term of imprisonment of 10 consecutive days or | 4 |
| 30
days of community service
when the person's driving | 5 |
| privilege was revoked or suspended as a result of:
| 6 |
| (1) a violation of Section 11-501 of this Code or a | 7 |
| similar provision
of a local ordinance relating to the | 8 |
| offense of operating or being in physical
control of a | 9 |
| vehicle while under the influence of alcohol, any other | 10 |
| drug
or any combination thereof; or
| 11 |
| (2) a violation of paragraph (b) of Section 11-401 of | 12 |
| this Code or a
similar provision of a local ordinance | 13 |
| relating to the offense of leaving the
scene of a motor | 14 |
| vehicle accident involving personal injury or death; or
| 15 |
| (3) a violation of Section 9-3 of the Criminal Code of | 16 |
| 1961, as amended,
relating to the offense of reckless | 17 |
| homicide; or
| 18 |
| (4) a statutory summary suspension under Section | 19 |
| 11-501.1 of this
Code.
| 20 |
| Such sentence of imprisonment or community service shall | 21 |
| not be subject
to suspension in order to reduce such sentence.
| 22 |
| (c-1) Except as provided in subsection (d), any person | 23 |
| convicted of a
second violation of this Section shall be | 24 |
| ordered by the court to serve a
minimum
of 100 hours of | 25 |
| community service.
| 26 |
| (c-2) In addition to other penalties imposed under this |
|
|
|
SB1173 Engrossed |
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LRB095 03912 DRH 23945 b |
|
| 1 |
| Section, the
court may impose on any person convicted a fourth | 2 |
| time of violating this
Section any of
the following:
| 3 |
| (1) Seizure of the license plates of the person's | 4 |
| vehicle.
| 5 |
| (2) Immobilization of the person's vehicle for a period | 6 |
| of time
to be determined by the court.
| 7 |
| (d) Any person convicted of a second violation of this
| 8 |
| Section shall be guilty of a Class 4 felony and shall serve a | 9 |
| minimum term of
imprisonment of 30 days or 300 hours of | 10 |
| community service, as determined by the
court, if the
| 11 |
| revocation or
suspension was for a violation of Section 11-401 | 12 |
| or 11-501 of this Code,
or a similar out-of-state offense, or a | 13 |
| similar provision of a local
ordinance, a violation of Section | 14 |
| 9-3 of the Criminal Code of 1961, relating
to the offense of | 15 |
| reckless homicide, or a similar out-of-state offense, or a
| 16 |
| statutory summary suspension under Section 11-501.1 of this | 17 |
| Code.
| 18 |
| (d-1) Except as provided in subsection (d-2) and subsection | 19 |
| (d-3), any
person convicted of
a third or subsequent violation | 20 |
| of this Section shall serve a minimum term of
imprisonment of | 21 |
| 30 days or 300 hours of community service, as determined by the
| 22 |
| court.
| 23 |
| (d-2) Any person convicted of a third violation of this
| 24 |
| Section is guilty of a Class 4 felony and must serve a minimum | 25 |
| term of
imprisonment of 30 days if the revocation or
suspension | 26 |
| was for a violation of Section 11-401 or 11-501 of this Code,
|
|
|
|
SB1173 Engrossed |
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LRB095 03912 DRH 23945 b |
|
| 1 |
| or a similar out-of-state offense, or a similar provision of a | 2 |
| local
ordinance, a violation of Section 9-3 of the Criminal | 3 |
| Code of 1961, relating
to the offense of reckless homicide, or | 4 |
| a similar out-of-state offense, or a
statutory summary | 5 |
| suspension under Section 11-501.1 of this Code.
| 6 |
| (d-3) Any person convicted of a fourth, fifth, sixth, | 7 |
| seventh, eighth, or ninth violation of this
Section is guilty | 8 |
| of a Class 4 felony and must serve a minimum term of
| 9 |
| imprisonment of 180 days if the revocation or suspension was | 10 |
| for a
violation of Section 11-401 or 11-501 of this Code, or a | 11 |
| similar out-of-state
offense, or a similar provision of a local | 12 |
| ordinance, a violation of
Section 9-3 of the Criminal Code of | 13 |
| 1961, relating to the offense of
reckless homicide, or a | 14 |
| similar out-of-state offense, or a statutory
summary | 15 |
| suspension under Section 11-501.1 of this Code.
| 16 |
| (d-4) Any person convicted of a tenth, eleventh, twelfth, | 17 |
| thirteenth, or fourteenth violation of this Section is guilty | 18 |
| of a Class 3 felony, and is not eligible for probation or | 19 |
| conditional discharge, if the revocation or suspension was for | 20 |
| a violation of Section 11-401 or 11-501 of this Code, or a | 21 |
| similar out-of-state offense, or a similar provision of a local | 22 |
| ordinance, a violation of Section 9-3 of the Criminal Code of | 23 |
| 1961, relating to the offense of reckless homicide, or a | 24 |
| similar out-of-state offense, or a statutory summary | 25 |
| suspension under Section 11-501.1 of this Code. | 26 |
| (d-5) Any person convicted of a fifteenth or subsequent |
|
|
|
SB1173 Engrossed |
- 30 - |
LRB095 03912 DRH 23945 b |
|
| 1 |
| violation of this Section is guilty of a Class 2 felony, and is | 2 |
| not eligible for probation or conditional discharge, if the | 3 |
| revocation or suspension was for a violation of Section 11-401 | 4 |
| or 11-501 of this Code, or a similar out-of-state offense, or a | 5 |
| similar provision of a local ordinance, a violation of Section | 6 |
| 9-3 of the Criminal Code of 1961, relating to the offense of | 7 |
| reckless homicide, or a similar out-of-state offense, or a | 8 |
| statutory summary suspension under Section 11-501.1 of this | 9 |
| Code.
| 10 |
| (e) Any person in violation of this Section who is also in | 11 |
| violation of
Section 7-601 of this Code relating to mandatory | 12 |
| insurance requirements, in
addition to other penalties imposed | 13 |
| under this Section, shall have his or her
motor vehicle | 14 |
| immediately impounded by the arresting law enforcement | 15 |
| officer.
The motor vehicle may be released to any licensed | 16 |
| driver upon a showing of
proof of insurance for the vehicle | 17 |
| that was impounded and the notarized written
consent for the | 18 |
| release by the vehicle owner.
| 19 |
| (f) For any prosecution under this Section, a certified | 20 |
| copy of the
driving abstract of the defendant shall be admitted | 21 |
| as proof of any prior
conviction.
| 22 |
| (g) The motor vehicle used in a violation of this Section | 23 |
| is subject
to seizure and forfeiture as provided in Sections | 24 |
| 36-1 and 36-2 of the
Criminal Code of 1961 if the person's | 25 |
| driving privilege was revoked
or suspended as a result of a | 26 |
| violation listed in paragraph (1), (2), or
(3) of subsection |
|
|
|
SB1173 Engrossed |
- 31 - |
LRB095 03912 DRH 23945 b |
|
| 1 |
| (c) of this Section or as a result of a summary
suspension as | 2 |
| provided in paragraph (4) of subsection (c) of this
Section.
| 3 |
| (h) Any person whose suspension was based on Section | 4 |
| 6-306.7 of this Code relating to unpaid toll violations, in | 5 |
| addition to other penalties imposed under this Section, shall | 6 |
| have his or her motor vehicle immediately impounded by the | 7 |
| arresting law enforcement officer. The motor vehicle may be | 8 |
| released to any licensed driver upon a showing of proof of | 9 |
| payment in full of all fines, penalties, and fees related to | 10 |
| the unpaid toll violations and the notarized written consent | 11 |
| for the release by the vehicle owner.
| 12 |
| (Source: P.A. 94-112, eff. 1-1-06.)
| 13 |
| (625 ILCS 5/6-306.7)
| 14 |
| Sec. 6-306.7. Failure to satisfy fines or penalties for | 15 |
| toll violations or
evasions; suspension of driving privileges.
| 16 |
| (a) Upon receipt of a certified report, as prescribed by | 17 |
| subsection (c) of
this Section, from the Authority stating that | 18 |
| the owner of a registered vehicle
has failed to satisfy any | 19 |
| fine or penalty resulting from a final order issued
by the | 20 |
| Authority relating directly or indirectly to 5 or more toll | 21 |
| violations,
toll evasions, or both, the Secretary of State | 22 |
| shall suspend the
driving privileges of the person in
| 23 |
| accordance with the procedures set forth in this Section.
| 24 |
| (b) Following receipt of the certified report of the | 25 |
| Authority as specified
in the Section, the Secretary of State |
|
|
|
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| 1 |
| shall notify the person whose name
appears on the certified | 2 |
| report that the person's driver's license
will be suspended at | 3 |
| the end of a specified period
unless the Secretary of State is | 4 |
| presented with a notice from the
Authority certifying that the | 5 |
| fines or penalties and other costs incurred by the Authority | 6 |
| due to the suspension proceedings, including but not limited to | 7 |
| the filing fees and hearing fees paid by the Authority to the | 8 |
| Secretary of State, owing the Authority have been
satisfied or | 9 |
| that inclusion of that person's name on the certified report | 10 |
| was
in error. The Secretary's notice shall state in substance | 11 |
| the information
contained in the Authority's certified report | 12 |
| to the Secretary, and shall be
effective as specified by | 13 |
| subsection (c) of Section 6-211 of this Code, except as to | 14 |
| those drivers who also have been issued a CDL. If a person also | 15 |
| has been issued a CDL, notice of suspension of that person's | 16 |
| driver's license must be given in writing by certified mail and | 17 |
| is effective on the date listed in the notice of suspension, | 18 |
| except that the notice is not effective until 4 days after the | 19 |
| date on which the notice was deposited into the United States | 20 |
| mail. The notice becomes effective 4 days after its deposit | 21 |
| into the United States mail regardless of whether the Secretary | 22 |
| of State receives the return receipt and regardless of whether | 23 |
| the written notification is returned for any reason to the | 24 |
| Secretary of State as undeliverable.
| 25 |
| (c) The report from the Authority notifying the Secretary | 26 |
| of unsatisfied
fines
or penalties pursuant to this Section |
|
|
|
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| 1 |
| shall be certified and shall contain the
following:
| 2 |
| (1) The name and
, last known address, as recorded in | 3 |
| the Secretary of State's vehicle registration records,
and | 4 |
| driver's license number of the
person
who failed to satisfy | 5 |
| the fines or penalties and the registration number of any
| 6 |
| vehicle known to be registered in this State to that | 7 |
| person.
| 8 |
| (2) A statement that the Authority sent a notice of | 9 |
| impending suspension
of the person's driver's
license, | 10 |
| vehicle registration,
or both, as prescribed by rules | 11 |
| enacted pursuant to subsection (a-5) of
Section
10 of the | 12 |
| Toll Highway Act, to the person named in the report at the
| 13 |
| address recorded with the Secretary of State's vehicle | 14 |
| registration records
State ; the date on which the notice | 15 |
| was
sent; and the address to which the notice was sent.
| 16 |
| (d) The Authority, after making a certified report to the | 17 |
| Secretary
pursuant to this Section, shall notify the Secretary, | 18 |
| on a form prescribed by
the Secretary, whenever a person named | 19 |
| in the certified report has satisfied
the previously reported | 20 |
| fines or penalties and other costs incurred by the Authority | 21 |
| due to the suspension proceedings, including but not limited to | 22 |
| the filing fees and hearing fees paid by the Authority to the | 23 |
| Secretary of State, or whenever the Authority determines
that | 24 |
| the original report was in error. A certified copy of the | 25 |
| notification
shall also be given upon request and at no | 26 |
| additional charge to the person
named therein. Upon receipt of |
|
|
|
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| 1 |
| the Authority's notification or presentation of
a certified | 2 |
| copy of the notification, the Secretary shall terminate
the | 3 |
| suspension.
| 4 |
| (e) The Authority shall, by rule, establish procedures for | 5 |
| persons to
challenge the accuracy of the certified report made | 6 |
| pursuant to this Section.
The
rule shall also provide the | 7 |
| grounds for a challenge, which may be
limited to:
| 8 |
| (1) the person not having been the owner or lessee of | 9 |
| the vehicle
or
vehicles receiving 5 or more toll violations | 10 |
| or toll evasions
evasion notices on the
date
of the | 11 |
| violations in the notices
or dates the notices were issued ; | 12 |
| or
| 13 |
| (2) the person having already satisfied
the fines or | 14 |
| penalties for the 5 or more toll violations or toll | 15 |
| evasions
indicated on the certified report.
| 16 |
| (f) All notices sent by the Authority to persons involved | 17 |
| in administrative
adjudications, hearings, and final orders | 18 |
| issued pursuant to rules
implementing subsection (a-5) of | 19 |
| Section 10 of the Toll Highway Act shall state
that failure
to | 20 |
| satisfy any fine or penalty imposed by the Authority shall | 21 |
| result in the
Secretary of State suspending the driving | 22 |
| privileges, vehicle registration,
or both, of the person | 23 |
| failing to satisfy the fines or penalties imposed by the
| 24 |
| Authority.
| 25 |
| (g) A person may request an administrative hearing to | 26 |
| contest an impending
suspension or a
suspension made
pursuant |
|
|
|
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| 1 |
| to this Section upon filing a written request with the
| 2 |
| Secretary. The filing fee for this hearing is $20, to be paid
| 3 |
| at the time of the request. The Authority shall reimburse the | 4 |
| Secretary
for all reasonable costs incurred by the Secretary as | 5 |
| a result of the
filing of a certified report pursuant to this | 6 |
| Section, including, but not
limited to, the costs of providing | 7 |
| notice required pursuant to subsection (b)
and the costs | 8 |
| incurred
by the Secretary in any hearing conducted with respect | 9 |
| to the report pursuant
to this subsection and any appeal from | 10 |
| that hearing.
| 11 |
| (h) The Secretary and the Authority may promulgate rules to | 12 |
| enable
them to carry out their duties under this Section.
| 13 |
| (i) The Authority shall cooperate with the Secretary in the
| 14 |
| administration of this Section and shall provide the Secretary | 15 |
| with any
information the Secretary may deem necessary for these | 16 |
| purposes, including
regular and timely access to toll violation | 17 |
| enforcement records.
| 18 |
| The Secretary shall cooperate with the Authority in the
| 19 |
| administration of this Section and shall provide the Authority | 20 |
| with any
information the Authority may deem necessary for the | 21 |
| purposes of this Section,
including regular and timely access | 22 |
| to vehicle registration records. Section
2-123 of this Code | 23 |
| shall not apply to the provision of this information, but
the | 24 |
| Secretary shall be reimbursed for the cost of providing this | 25 |
| information.
| 26 |
| (j) For purposes of this Section, the term "Authority" |
|
|
|
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LRB095 03912 DRH 23945 b |
|
| 1 |
| means the
Illinois State Toll Highway Authority.
| 2 |
| (k) This Section may be extended to other toll facilities | 3 |
| in the State of Illinois through a duly executed agreement | 4 |
| between the Authority and the operator of the toll facility.
| 5 |
| (Source: P.A. 94-218, eff. 7-1-06 .)
| 6 |
| (625 ILCS 5/12-503) (from Ch. 95 1/2, par. 12-503)
| 7 |
| Sec. 12-503. Windshields must be unobstructed and equipped | 8 |
| with wipers.
| 9 |
| (a) No person shall drive a motor vehicle with any sign, | 10 |
| poster, window
application, reflective material, nonreflective | 11 |
| material or tinted film
upon the front windshield, sidewings or | 12 |
| side windows immediately adjacent
to each side of the driver. A | 13 |
| nonreflective tinted film may be used along
the uppermost | 14 |
| portion of the windshield if such material does not extend
more | 15 |
| than 6 inches down from the top of the windshield. Nothing in | 16 |
| this
Section shall create a cause of action on behalf of a | 17 |
| buyer against a
dealer or manufacturer who sells a motor | 18 |
| vehicle with a window which is in
violation of this Section.
| 19 |
| (b) Nothing contained in this Section shall prohibit the | 20 |
| use of
nonreflective, smoked or tinted glass, nonreflective | 21 |
| film, perforated
window screen or other decorative window | 22 |
| application on windows to the rear
of the driver's seat, except | 23 |
| that any motor vehicle with a window to the
rear of the | 24 |
| driver's seat treated in this manner shall be equipped with a
| 25 |
| side mirror on each side of the motor vehicle which are in |
|
|
|
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LRB095 03912 DRH 23945 b |
|
| 1 |
| conformance with
Section 12-502.
| 2 |
| (c) No person shall drive a motor vehicle with any objects | 3 |
| placed or
suspended between the driver and the front | 4 |
| windshield, rear
window, side wings or side windows immediately | 5 |
| adjacent to each side of
the driver which materially obstructs | 6 |
| the driver's view. This subsection (c) does not apply to | 7 |
| automatic vehicle identification transponder devices, cards, | 8 |
| or chips, issued by a governmental body for the purpose of | 9 |
| electronic payment of tolls or other authorized payments, the | 10 |
| exemption of which preempts any local legislation to the | 11 |
| contrary.
| 12 |
| (d) Every motor vehicle, except motorcycles, shall be | 13 |
| equipped with a
device, controlled by the driver, for cleaning | 14 |
| rain, snow, moisture or other
obstructions from the windshield; | 15 |
| and no person shall drive a motor vehicle
with snow, ice, | 16 |
| moisture or other material on any of the windows or
mirrors, | 17 |
| which materially obstructs the driver's clear view of the | 18 |
| highway.
| 19 |
| (e) No person shall drive a motor vehicle when the | 20 |
| windshield, side or
rear windows are in such defective | 21 |
| condition or repair as to materially
impair the driver's view | 22 |
| to the front, side or rear. A vehicle equipped
with a side | 23 |
| mirror on each side of the vehicle which are in conformance
| 24 |
| with Section 12-502 will be deemed to be in compliance in the | 25 |
| event the
rear window of the vehicle is materially obscured.
| 26 |
| (f) Paragraphs (a) and (b) of this Section shall not apply |
|
|
|
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|
| 1 |
| to:
| 2 |
| (1) motor vehicles manufactured prior to January 1, | 3 |
| 1982; or
| 4 |
| (2) to those motor vehicles properly registered in | 5 |
| another jurisdiction.
| 6 |
| (g) Paragraph (a) of this Section shall not apply to any | 7 |
| motor vehicle with
a window treatment, including but not | 8 |
| limited to a window application,
reflective material, | 9 |
| nonreflective material, or tinted film, applied or affixed
to | 10 |
| the motor vehicle for the purposes set forth in item (1) or (2) | 11 |
| before the
effective date of this amendatory Act of 1997 and:
| 12 |
| (1) that is owned and operated by a person afflicted | 13 |
| with or suffering
from a medical illness, ailment, or | 14 |
| disease which would require that person
to be shielded from | 15 |
| the direct rays of the sun; or
| 16 |
| (2) that is used in transporting a person when the | 17 |
| person
resides at
the same address as the registered owner | 18 |
| of the vehicle and the
person is
afflicted with or | 19 |
| suffering from a medical illness, ailment or disease
which | 20 |
| would require the person to be shielded from the direct | 21 |
| rays
of the
sun;
| 22 |
| It must be certified by a physician licensed to | 23 |
| practice medicine in
Illinois that such person owning and | 24 |
| operating or being transported in a motor
vehicle is | 25 |
| afflicted with or suffers from such illness, ailment, or | 26 |
| disease and
such certification must be carried in the motor |
|
|
|
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LRB095 03912 DRH 23945 b |
|
| 1 |
| vehicle at all times. The
certification shall be legible | 2 |
| and shall contain the date of issuance, the
name, address | 3 |
| and signature of the attending physician, and the name, | 4 |
| address,
and medical condition of the person requiring | 5 |
| exemption. The information on
the certificate for a window | 6 |
| treatment applied or affixed before the effective
date of | 7 |
| this amendatory Act of 1997 must remain current and shall | 8 |
| be renewed
annually by the attending physician, but in no | 9 |
| event shall a
certificate issued for purposes of this | 10 |
| subsection be valid on or after
January 1, 2008. The person | 11 |
| shall also submit a copy of the certification to
the | 12 |
| Secretary of
State. The Secretary of State may forward | 13 |
| notice of certification to law
enforcement agencies.
| 14 |
| This subsection shall not be construed to authorize window | 15 |
| treatments
applied or affixed on or after the effective date of | 16 |
| this amendatory Act of
1997.
| 17 |
| The exemption provided by this subsection (g) shall not | 18 |
| apply to any motor
vehicle on and after January 1, 2008.
| 19 |
| This subsection (g) does not apply to the exemption set | 20 |
| forth in subsection (g-5).
| 21 |
| (g-5) Paragraph (a) of this Section does not apply to any | 22 |
| motor vehicle with a window treatment, including but not | 23 |
| limited to a window application, reflective material, | 24 |
| nonreflective material, or tinted film, applied or affixed to a | 25 |
| motor vehicle that: | 26 |
| (i) is owned and operated by a person afflicted with or |
|
|
|
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LRB095 03912 DRH 23945 b |
|
| 1 |
| suffering from systemic or discoid lupus erythematosus or | 2 |
| albinism; or | 3 |
| (ii) is used in transporting a person who resides at | 4 |
| the same address as the registered owner and is afflicted | 5 |
| with or suffers from systemic or discoid lupus | 6 |
| erythematosus or albinism. | 7 |
| It must be certified by a physician licensed to practice | 8 |
| medicine in Illinois that the person owning and operating or | 9 |
| being transported in a motor vehicle is afflicted with or | 10 |
| suffers from systemic or discoid lupus erythematosus or | 11 |
| albinism and the certification must be carried in the motor | 12 |
| vehicle at all times. The certification shall be legible and | 13 |
| shall contain the date of issuance, the name, address, and | 14 |
| signature of the attending physician, and the name, address, | 15 |
| and medical condition of the person requiring exemption. The | 16 |
| information on the certificate for a window treatment must | 17 |
| remain current and shall be renewed annually by the attending | 18 |
| physician. The owner of the vehicle shall also submit a copy of | 19 |
| the certification to the Secretary of State. The Secretary of | 20 |
| State may forward notice of certification to law enforcement | 21 |
| agencies.
| 22 |
| (h) Paragraph (a) of this Section shall not apply to motor | 23 |
| vehicle
stickers or other certificates issued by State or local | 24 |
| authorities which
are required to be displayed upon motor | 25 |
| vehicle windows to evidence
compliance with requirements | 26 |
| concerning motor vehicles.
|
|
|
|
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LRB095 03912 DRH 23945 b |
|
| 1 |
| (i) Those motor vehicles exempted under paragraph (f)(1) of | 2 |
| this Section
shall not cause their windows to be treated as | 3 |
| described in paragraph (a) after
January 1, 1993.
| 4 |
| (j) A person found guilty of violating paragraphs (a), (b), | 5 |
| or (i) of this
Section shall be guilty of a petty offense and | 6 |
| fined no less than $50 nor more
than $500. A second or | 7 |
| subsequent violation of paragraphs (a), (b), or (i) of
this | 8 |
| Section shall be treated as a Class C misdemeanor and the | 9 |
| violator fined
no less than $100 nor more than $500. Any person | 10 |
| convicted under paragraphs
(a), (b), or (i) of this Section | 11 |
| shall be ordered to alter any
nonconforming windows into | 12 |
| compliance with this Section.
| 13 |
| (Source: P.A. 94-564, eff. 8-12-05.)
| 14 |
| (625 ILCS 5/12-610.5)
| 15 |
| Sec. 12-610.5. Registration plate covers.
| 16 |
| (a) In this Section, "registration plate cover" means any | 17 |
| tinted, colored, painted, marked, clear, reflective, | 18 |
| holographic, beveled, streaked, layered, or illuminated object | 19 |
| that is designed to: | 20 |
| (1) cover any of the characters of a motor vehicle's | 21 |
| registration plate; or | 22 |
| (2) distort a recorded image of any of the characters | 23 |
| of a motor vehicle's registration plate recorded by an | 24 |
| automated red light enforcement system as defined in | 25 |
| Section 1-105.5 of this Code ,
or recorded by an automated |
|
|
|
SB1173 Engrossed |
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LRB095 03912 DRH 23945 b |
|
| 1 |
| traffic control system as defined in Section 15 of the | 2 |
| Automated Traffic Control Systems in Highway Construction | 3 |
| or Maintenance Zones Act , or recorded by a video or photo | 4 |
| surveillance system as provided in subsection (a-5) of | 5 |
| Section 10 of the Toll Highway Act .
| 6 |
| (b) It shall be unlawful to operate any motor vehicle that | 7 |
| is equipped with
registration plate covers. | 8 |
| (c) A person may not sell or offer for sale a registration | 9 |
| plate cover. | 10 |
| (d) A person may not advertise for the purpose of promoting | 11 |
| the sale of registration plate covers.
| 12 |
| (e) A violation of this Section or a similar provision of a | 13 |
| local ordinance
shall be an offense against laws and ordinances | 14 |
| regulating the movement of
traffic.
| 15 |
| (Source: P.A. 94-304, eff. 1-1-06.)
| 16 |
| (625 ILCS 5/12-610.6 new)
| 17 |
| Sec. 12-610.6. Registration plate spray and other recorded | 18 |
| image distorting material. | 19 |
| (a) In this Section, "registration plate spray or other | 20 |
| recorded image distorting material" means any spray, chemical, | 21 |
| substance, or other material that is designed to: | 22 |
| (1) cover any of the characters of a motor vehicle's | 23 |
| registration plate; or | 24 |
| (2) distort a recorded image of any of the characters | 25 |
| of a motor vehicle's registration plate recorded by (i) an |
|
|
|
SB1173 Engrossed |
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LRB095 03912 DRH 23945 b |
|
| 1 |
| automated red light enforcement system as defined in | 2 |
| Section 1-105.5 of this Code, (ii) an automated traffic | 3 |
| control system as defined in Section 15 of the Automated | 4 |
| Traffic Control Systems in Highway Construction or | 5 |
| Maintenance Zone Act, or (iii) a video or photo | 6 |
| surveillance system as provided in subsection (a-5) of | 7 |
| Section 10 of the Toll Highway Act. | 8 |
| (b) It shall be unlawful to operate any motor vehicle that | 9 |
| is
equipped with a registration plate that has been treated | 10 |
| with a spray or other image recording distorting material. | 11 |
| (c) A person may not sell or offer for sale a registration | 12 |
| plate spray or other image recording distorting material. | 13 |
| (d) A person may not advertise for the purpose of promoting | 14 |
| the sale of registration plate spray or other image recording | 15 |
| distorting material. | 16 |
| (e) A violation of this Section or a similar provision of a | 17 |
| local
ordinance is an offense against laws and ordinances | 18 |
| regulating the movement of traffic. | 19 |
| (f) The Illinois Attorney General may file suit against any
| 20 |
| person offering, advertising, or marketing the sale, including | 21 |
| via the
Internet, of any product advertised as having the | 22 |
| capacity to obstruct the visibility or electronic image | 23 |
| recording of a license plate. In addition to injunctive and | 24 |
| monetary relief, punitive damages, and attorneys fees, the suit | 25 |
| shall also seek a full accounting of the records of all sales | 26 |
| to residents of or entities within the State of Illinois. |
|
|
|
SB1173 Engrossed |
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LRB095 03912 DRH 23945 b |
|
| 1 |
| (g) The Secretary of State shall revoke the registration of | 2 |
| any plate that has been found to be in violation of subsection | 3 |
| (b) of this Section.
|
|