Full Text of HR0061 102nd General Assembly
HR0061 102ND GENERAL ASSEMBLY |
| | HR0061 | | LRB102 11376 MST 16709 r |
|
| 1 | | HOUSE RESOLUTION
| 2 | | WHEREAS, Pursuant to 625 ILCS 5/11-208.3, a municipality | 3 | | or county may provide by ordinance a system of administrative | 4 | | adjudication of vehicle standing, parking, compliance, | 5 | | automated traffic law, and automated speed enforcement | 6 | | violations; and
| 7 | | WHEREAS, A municipality or county utilizing this system of | 8 | | administrative adjudication authorized by 625 ILCS 5/11-208.3 | 9 | | may utilize the United States Postal Service to notify the | 10 | | owners of the cited vehicles of: (a) the charges, (b) | 11 | | administrative decisions of liability, and (c) assessments of | 12 | | fees and fines by mailing the notifications to the vehicle | 13 | | owners to the addresses, as recorded with the Secretary of | 14 | | State; and
| 15 | | WHEREAS, A significant number of the addresses of vehicle | 16 | | owners that are recorded with the Secretary of State are no | 17 | | longer valid because the owners moved and failed to notify the | 18 | | Secretary of their current addresses; and | 19 | | WHEREAS, A significant number of notices, ordinance | 20 | | violation charges, administrative adjudications of liability, | 21 | | and administrative assessments of fees and fines, that are | 22 | | mailed by municipalities and counties to vehicle owners, |
| | | HR0061 | - 2 - | LRB102 11376 MST 16709 r |
|
| 1 | | pursuant to 625 ILCS 5/11-208.3, are returned by the Post | 2 | | Office as undeliverable because the addresses recorded by the | 3 | | Secretary of State are no longer valid; and | 4 | | WHEREAS, Public Act 94 – 294 amended 625 ILCS 5/11-208.3 | 5 | | to provide that, pursuant to that Section, where a notice | 6 | | mailed to a vehicle owner is returned by the Post Office as | 7 | | undeliverable, then the municipality or county may continue to | 8 | | mail future notices to the same address or may choose to mail | 9 | | the notice to the vehicle owner's last known address, as | 10 | | recorded in a United States Post Office approved database; and | 11 | | WHEREAS, P.A. 101-32 amended 625 ILCS 5/11-208.3 to | 12 | | provide that in lieu of attaching a notice of a parking | 13 | | violation to the vehicle or handing it the driver, a | 14 | | municipality or county may mail the notice of violation to the | 15 | | owner's address, as recorded with the Secretary of State; and | 16 | | WHEREAS, It is in the public interest that those charged | 17 | | with vehicle standing, parking, compliance, automated traffic | 18 | | law, and automated speed enforcement system violations be | 19 | | notified of the charges, so that they may challenge the | 20 | | charges; and | 21 | | WHEREAS, It is in the public interest that those | 22 | | administratively found liable and assessed fees and fines for |
| | | HR0061 | - 3 - | LRB102 11376 MST 16709 r |
|
| 1 | | vehicular standing, parking, compliance, automated traffic | 2 | | law, and automated speed enforcement system violations be | 3 | | notified of the liability findings and the assessments so that | 4 | | they may timely pay the fees and fines and avoid additional | 5 | | assessments in the form of late fees; and | 6 | | WHEREAS, The deterrent impact of vehicle standing, | 7 | | parking, compliance, automated traffic law, and automated | 8 | | speed enforcement ordinances is significantly weakened where | 9 | | those charged with violations of these ordinances are unaware | 10 | | of the charges, the administrative adjudications of liability, | 11 | | and the administrative assessments of fees and fines; and | 12 | | WHEREAS, The Illinois Vehicle Code provides that where the | 13 | | Secretary of State suspends or revokes a driver's license, the | 14 | | Secretary is to notify the licensee of the suspension or | 15 | | revocation by mailing a notice to the licensee's address as | 16 | | recorded with the Secretary of State; and | 17 | | WHEREAS, A significant number of licensed drivers' | 18 | | addresses recorded with the Secretary of State are no longer | 19 | | valid because the licensees moved and failed to notify the | 20 | | Secretary of their current addresses; and | 21 | | WHEREAS, A significant number of the license suspensions | 22 | | and revocation notices mailed by the Secretary are returned by |
| | | HR0061 | - 4 - | LRB102 11376 MST 16709 r |
|
| 1 | | the Post Office as undeliverable because the addresses | 2 | | recorded by the Secretary are no longer valid; and | 3 | | WHEREAS, The failure of these notifications to reach the | 4 | | individual drivers is detrimental to the individual drivers | 5 | | and the public at large; and
| 6 | | WHEREAS, A significant number of persons whose driving | 7 | | licenses have been suspended or revoked are first notified of | 8 | | the suspension and revocation when stopped by a law | 9 | | enforcement officer and charged with a traffic violation; and
| 10 | | WHEREAS, It is in the public interest that those whose | 11 | | driving licenses are suspended or revoked be promptly notified | 12 | | of the suspensions and revocations; and
| 13 | | WHEREAS, Illinois continuously studies the processes used | 14 | | by other states to ensure we are serving our constituents in | 15 | | the best possible ways; therefore, be it
| 16 | | RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE ONE | 17 | | HUNDRED SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that | 18 | | we request the Illinois Secretary of State to conduct a study | 19 | | concerning the need and feasibility of a policy and mechanism | 20 | | which would (a) permit registered vehicle owners and licensed | 21 | | drivers to request the Secretary to send notices to their |
| | | HR0061 | - 5 - | LRB102 11376 MST 16709 r |
|
| 1 | | e-mail addresses and (b) enable the Secretary to comply with | 2 | | these requests; and be it further | 3 | | RESOLVED, That we request the Secretary of State study | 4 | | other states' practices of e-mailing legally required notices | 5 | | to licensed drivers and registered vehicle owners; and be it | 6 | | further | 7 | | RESOLVED, That we request a report on the study be | 8 | | submitted to the members of the Illinois House of | 9 | | Representatives by August 31, 2021; and be it further
| 10 | | RESOLVED, That suitable copies of this resolution be | 11 | | delivered to the Illinois Secretary of State and the Chairs of | 12 | | the Illinois Senate Transportation Committee.
|
|