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Public Act 91-0277
SB1033 Enrolled LRB9105924KSgc
AN ACT to amend the Illinois Vehicle Code by adding
Sections 3-704.2 and 6-306.7.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Vehicle Code is amended by
adding Sections 3-704.2 and 6-306.7 as follows:
(625 ILCS 5/3-704.2 new)
Sec. 3-704.2. Failure to satisfy fines or penalties for
toll violations or evasions; suspension of vehicle
registration.
(a) Upon receipt of a certified report, as prescribed by
subsection (c) of this Section, from the Authority stating
that the owner of a registered vehicle has failed to satisfy
any fine or penalty resulting from a final order issued by
the Authority relating directly or indirectly to 5 or more
toll violations, toll evasions, or both, the Secretary of
State shall suspend the vehicle registration of the person in
accordance with the procedures set forth in this Section.
(b) Following receipt of the certified report of the
Authority as specified in the Section, the Secretary of State
shall notify the person whose name appears on the certified
report that the person's vehicle registration will be
suspended at the end of a specified period unless the
Secretary of State is presented with a notice from the
Authority certifying that the fines or penalties owing the
Authority have been satisfied or that inclusion of that
person's name on the certified report was in error. The
Secretary's notice shall state in substance the information
contained in the Authority's certified report to the
Secretary, and shall be effective as specified by subsection
(c) of Section 6-211 of this Code.
(c) The report from the Authority notifying the
Secretary of unsatisfied fines or penalties pursuant to this
Section shall be certified and shall contain the following:
(1) The name, last known address, and driver's
license number of the person who failed to satisfy the
fines or penalties and the registration number of any
vehicle known to be registered in this State to that
person.
(2) A statement that the Authority sent a notice of
impending suspension of the person's driver's license,
vehicle registration, or both, as prescribed by rules
enacted pursuant to subsection (a-5) of Section 10 of the
Toll Highway Act, to the person named in the report at
the address recorded with the Secretary of State; the
date on which the notice was sent; and the address to
which the notice was sent.
(d) The Authority, after making a certified report to
the Secretary pursuant to this Section, shall notify the
Secretary, on a form prescribed by the Secretary, whenever a
person named in the certified report has satisfied the
previously reported fines or penalties or whenever the
Authority determines that the original report was in error.
A certified copy of the notification shall also be given upon
request and at no additional charge to the person named
therein. Upon receipt of the Authority's notification or
presentation of a certified copy of the notification, the
Secretary shall terminate the suspension.
(e) The Authority shall, by rule, establish procedures
for persons to challenge the accuracy of the certified report
made pursuant to this Section. The rule shall also provide
the grounds for a challenge, which may be limited to:
(1) the person not having been the owner or lessee
of the vehicle or vehicles receiving 5 or more toll
violation or toll evasion notices on the date or dates
the notices were issued; or
(2) the person having already satisfied the fines
or penalties for the 5 or more toll violations or toll
evasions indicated on the certified report.
(f) All notices sent by the Authority to persons
involved in administrative adjudications, hearings, and final
orders issued pursuant to rules implementing subsection (a-5)
of Section 10 of the Toll Highway Act shall state that
failure to satisfy any fine or penalty imposed by the
Authority shall result in the Secretary of State suspending
the driving privileges, vehicle registration, or both, of the
person failing to satisfy the fines or penalties imposed by
the Authority.
(g) A person may request an administrative hearing to
contest an impending suspension or a suspension made pursuant
to this Section upon filing a written request with the
Secretary. The filing fee for this hearing is $20, to be
paid at the time of the request. The Authority shall
reimburse the Secretary for all reasonable costs incurred by
the Secretary as a result of the filing of a certified report
pursuant to this Section, including, but not limited to, the
costs of providing notice required pursuant to subsection (b)
and the costs incurred by the Secretary in any hearing
conducted with respect to the report pursuant to this
subsection and any appeal from that hearing.
(h) The Secretary and the Authority may promulgate rules
to enable them to carry out their duties under this Section.
(i) The Authority shall cooperate with the Secretary in
the administration of this Section and shall provide the
Secretary with any information the Secretary may deem
necessary for these purposes, including regular and timely
access to toll violation enforcement records.
The Secretary shall cooperate with the Authority in the
administration of this Section and shall provide the
Authority with any information the Authority may deem
necessary for the purposes of this Section, including regular
and timely access to vehicle registration records. Section
2-123 of this Code shall not apply to the provision of this
information, but the Secretary shall be reimbursed for the
cost of providing this information.
(j) For purposes of this Section, the term "Authority"
means the Illinois State Toll Highway Authority.
(625 ILCS 5/6-306.7 new)
Sec. 6-306.7. Failure to satisfy fines or penalties for
toll violations or evasions; suspension of driving
privileges.
(a) Upon receipt of a certified report, as prescribed by
subsection (c) of this Section, from the Authority stating
that the owner of a registered vehicle has failed to satisfy
any fine or penalty resulting from a final order issued by
the Authority relating directly or indirectly to 5 or more
toll violations, toll evasions, or both, the Secretary of
State shall suspend the driving privileges of the person in
accordance with the procedures set forth in this Section.
(b) Following receipt of the certified report of the
Authority as specified in the Section, the Secretary of State
shall notify the person whose name appears on the certified
report that the person's driver's license will be suspended
at the end of a specified period unless the Secretary of
State is presented with a notice from the Authority
certifying that the fines or penalties owing the Authority
have been satisfied or that inclusion of that person's name
on the certified report was in error. The Secretary's notice
shall state in substance the information contained in the
Authority's certified report to the Secretary, and shall be
effective as specified by subsection (c) of Section 6-211 of
this Code.
(c) The report from the Authority notifying the
Secretary of unsatisfied fines or penalties pursuant to this
Section shall be certified and shall contain the following:
(1) The name, last known address, and driver's
license number of the person who failed to satisfy the
fines or penalties and the registration number of any
vehicle known to be registered in this State to that
person.
(2) A statement that the Authority sent a notice of
impending suspension of the person's driver's license,
vehicle registration, or both, as prescribed by rules
enacted pursuant to subsection (a-5) of Section 10 of the
Toll Highway Act, to the person named in the report at
the address recorded with the Secretary of State; the
date on which the notice was sent; and the address to
which the notice was sent.
(d) The Authority, after making a certified report to
the Secretary pursuant to this Section, shall notify the
Secretary, on a form prescribed by the Secretary, whenever a
person named in the certified report has satisfied the
previously reported fines or penalties or whenever the
Authority determines that the original report was in error.
A certified copy of the notification shall also be given upon
request and at no additional charge to the person named
therein. Upon receipt of the Authority's notification or
presentation of a certified copy of the notification, the
Secretary shall terminate the suspension.
(e) The Authority shall, by rule, establish procedures
for persons to challenge the accuracy of the certified report
made pursuant to this Section. The rule shall also provide
the grounds for a challenge, which may be limited to:
(1) the person not having been the owner or lessee
of the vehicle or vehicles receiving 5 or more toll
violations or toll evasion notices on the date or dates
the notices were issued; or
(2) the person having already satisfied the fines
or penalties for the 5 or more toll violations or toll
evasions indicated on the certified report.
(f) All notices sent by the Authority to persons
involved in administrative adjudications, hearings, and final
orders issued pursuant to rules implementing subsection (a-5)
of Section 10 of the Toll Highway Act shall state that
failure to satisfy any fine or penalty imposed by the
Authority shall result in the Secretary of State suspending
the driving privileges, vehicle registration, or both, of the
person failing to satisfy the fines or penalties imposed by
the Authority.
(g) A person may request an administrative hearing to
contest an impending suspension or a suspension made pursuant
to this Section upon filing a written request with the
Secretary. The filing fee for this hearing is $20, to be
paid at the time of the request. The Authority shall
reimburse the Secretary for all reasonable costs incurred by
the Secretary as a result of the filing of a certified report
pursuant to this Section, including, but not limited to, the
costs of providing notice required pursuant to subsection (b)
and the costs incurred by the Secretary in any hearing
conducted with respect to the report pursuant to this
subsection and any appeal from that hearing.
(h) The Secretary and the Authority may promulgate rules
to enable them to carry out their duties under this Section.
(i) The Authority shall cooperate with the Secretary in
the administration of this Section and shall provide the
Secretary with any information the Secretary may deem
necessary for these purposes, including regular and timely
access to toll violation enforcement records.
The Secretary shall cooperate with the Authority in the
administration of this Section and shall provide the
Authority with any information the Authority may deem
necessary for the purposes of this Section, including regular
and timely access to vehicle registration records. Section
2-123 of this Code shall not apply to the provision of this
information, but the Secretary shall be reimbursed for the
cost of providing this information.
(j) For purposes of this Section, the term "Authority"
means the Illinois State Toll Highway Authority.
Section 99. Effective date. This Act takes effect on
January 1, 2000.
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