Bill Text: IL HB5328 | 2019-2020 | 101st General Assembly | Introduced

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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB5328 Detail]

Download: Illinois-2019-HB5328-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB5328 Introduced , by Rep. Fred Crespo SYNOPSIS AS INTRODUCED:
625 ILCS 5/6-306.5 from Ch. 95 1/2, par. 6-306.5
Amends the Illinois Vehicle Code. Provides that, if the Secretary of State has received a certified report from a municipality or county stating that the owner of a registered vehicle has failed to pay a fine or penalty due and owing for specific offenses, the municipality or county shall notify the Secretary within 30 days whenever: the person in a certified report has paid the previously reported fine or penalty; the person in a certified report entered into a payment plan pursuant to which the municipality or county has agreed to terminate the suspension; or the municipality or county determines that the original report was in error.
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A BILL FOR
HB5328 LRB101 18216 LNS 67658 b
AN ACT concerning transportation.
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 changing
Section 6-306.5 as follows:
(625 ILCS 5/6-306.5) (from Ch. 95 1/2, par. 6-306.5)
(Text of Section before amendment by P.A. 101-623)
Sec. 6-306.5. Failure to pay fine or penalty for standing,
parking, compliance, automated speed enforcement system, or
automated traffic law violations; suspension of driving
privileges.
(a) Upon receipt of a certified report, as prescribed by
subsection (c) of this Section, from any municipality or county
stating that the owner of a registered vehicle: (1) has failed
to pay any fine or penalty due and owing as a result of 10 or
more violations of a municipality's or county's vehicular
standing, parking, or compliance regulations established by
ordinance pursuant to Section 11-208.3 of this Code, (2) has
failed to pay any fine or penalty due and owing as a result of 5
offenses for automated speed enforcement system violations or
automated traffic violations as defined in Sections 11-208.6,
11-208.8, 11-208.9, or 11-1201.1, or combination thereof, or
(3) is more than 14 days in default of a payment plan pursuant

HB5328 - 2 - LRB101 18216 LNS 67658 b
to which a suspension had been terminated under subsection (c)
of this Section, the Secretary of State shall suspend the
driving privileges of such person in accordance with the
procedures set forth in this Section. The Secretary shall also
suspend the driving privileges of an owner of a registered
vehicle upon receipt of a certified report, as prescribed by
subsection (f) of this Section, from any municipality or county
stating that such person has failed to satisfy any fines or
penalties imposed by final judgments for 5 or more automated
speed enforcement system or automated traffic law violations,
or combination thereof, or 10 or more violations of local
standing, parking, or compliance regulations after exhaustion
of judicial review procedures.
(b) Following receipt of the certified report of the
municipality or county as specified in this Section, the
Secretary of State shall notify the person whose name appears
on the certified report that the person's drivers license will
be suspended at the end of a specified period of time unless
the Secretary of State is presented with a notice from the
municipality or county certifying that the fine or penalty due
and owing the municipality or county has been paid 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 municipality's or county's
certified report to the Secretary, and shall be effective as
specified by subsection (c) of Section 6-211 of this Code.

HB5328 - 3 - LRB101 18216 LNS 67658 b
(c) The report of the appropriate municipal or county
official notifying the Secretary of State of unpaid fines or
penalties pursuant to this Section shall be certified and shall
contain the following:
(1) The name, last known address as recorded with the
Secretary of State, as provided by the lessor of the cited
vehicle at the time of lease, or as recorded in a United
States Post Office approved database if any notice sent
under Section 11-208.3 of this Code is returned as
undeliverable, and drivers license number of the person who
failed to pay the fine or penalty or who has defaulted in a
payment plan and the registration number of any vehicle
known to be registered to such person in this State.
(2) The name of the municipality or county making the
report pursuant to this Section.
(3) A statement that the municipality or county sent a
notice of impending drivers license suspension as
prescribed by ordinance enacted pursuant to Section
11-208.3 of this Code or a notice of default in a payment
plan, to the person named in the report at the address
recorded with the Secretary of State or at the last address
known to the lessor of the cited vehicle at the time of
lease or, if any notice sent under Section 11-208.3 of this
Code is returned as undeliverable, at the last known
address recorded in a United States Post Office approved
database; the date on which such notice was sent; and the

HB5328 - 4 - LRB101 18216 LNS 67658 b
address to which such notice was sent. In a municipality or
county with a population of 1,000,000 or more, the report
shall also include a statement that the alleged violator's
State vehicle registration number and vehicle make, if
specified on the automated speed enforcement system
violation or automated traffic law violation notice, are
correct as they appear on the citations.
(4) A unique identifying reference number for each
request of suspension sent whenever a person has failed to
pay the fine or penalty or has defaulted on a payment plan.
(d) Any municipality or county making a certified report to
the Secretary of State pursuant to this Section shall notify
the Secretary of State, in a form prescribed by the Secretary,
whenever a person named in the certified report has paid the
previously reported fine or penalty, whenever a person named in
the certified report has entered into a payment plan pursuant
to which the municipality or county has agreed to terminate the
suspension, or whenever the municipality or county determines
that the original report was in error. A certified copy of such
notification shall also be given upon request and at no
additional charge to the person named therein. Upon receipt of
the municipality's or county's notification or presentation of
a certified copy of such notification, the Secretary of State
shall terminate the suspension.
(e) Any municipality or county making a certified report to
the Secretary of State pursuant to this Section shall also by

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

HB5328 - 6 - LRB101 18216 LNS 67658 b
violations after exhaustion of judicial review procedures, but
only if:
(1) the municipality or county complies with the
provisions of this Section in all respects except in regard
to enacting an ordinance pursuant to Section 11-208.3;
(2) the municipality or county has sent a notice of
impending drivers license suspension as prescribed by an
ordinance enacted pursuant to subsection (g) of this
Section; and
(3) in municipalities or counties with a population of
1,000,000 or more, the municipality or county has verified
that the alleged violator's State vehicle registration
number and vehicle make are correct as they appear on the
citations.
(g) Any municipality or county, other than a municipality
or county establishing standing, parking, and compliance
regulations pursuant to Section 11-208.3, automated speed
enforcement system regulations under Section 11-208.8, or
automated traffic law regulations under Section 11-208.6,
11-208.9, or 11-1201.1, may provide by ordinance for the
sending of a notice of impending drivers license suspension to
the person who has failed to satisfy any fine or penalty
imposed by final judgment for 10 or more violations of local
standing, parking, or compliance regulations or a combination
of 5 or more automated speed enforcement system or automated
traffic law violations after exhaustion of judicial review

HB5328 - 7 - LRB101 18216 LNS 67658 b
procedures. An ordinance so providing shall specify that the
notice sent to the person liable for any fine or penalty shall
state that failure to pay the fine or penalty owing within 45
days of the notice's date will result in the municipality or
county notifying the Secretary of State that the person's
drivers license is eligible for suspension pursuant to this
Section. The notice of impending drivers license suspension
shall be sent by first class United States mail, postage
prepaid, to the address recorded with the Secretary of State or
at the last address known to the lessor of the cited vehicle at
the time of lease or, if any notice sent under Section 11-208.3
of this Code is returned as undeliverable, to the last known
address recorded in a United States Post Office approved
database.
(h) An administrative hearing to contest an impending
suspension or a suspension made pursuant to this Section may be
had upon filing a written request with the Secretary of State.
The filing fee for this hearing shall be $20, to be paid at the
time the request is made. A municipality or county which files
a certified report with the Secretary of State pursuant to this
Section shall reimburse the Secretary for all reasonable costs
incurred by the Secretary as a result of the filing of the
report, including but not limited to the costs of providing the
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

HB5328 - 8 - LRB101 18216 LNS 67658 b
such a hearing.
(i) The provisions of this Section shall apply on and after
January 1, 1988.
(j) For purposes of this Section, the term "compliance
violation" is defined as in Section 11-208.3.
(Source: P.A. 97-333, eff. 8-12-11; 97-672, eff. 7-1-12;
98-556, eff. 1-1-14.)
(Text of Section after amendment by P.A. 101-623)
Sec. 6-306.5. Failure to pay fine or penalty for standing,
parking, compliance, automated speed enforcement system, or
automated traffic law violations; suspension of driving
privileges.
(a) Upon receipt of a certified report, as prescribed by
subsection (c) of this Section, from any municipality or county
stating that the owner of a registered vehicle has failed to
pay any fine or penalty due and owing as a result of 5 offenses
for automated speed enforcement system violations or automated
traffic violations as defined in Sections 11-208.6, 11-208.8,
11-208.9, or 11-1201.1, or combination thereof, or (3) is more
than 14 days in default of a payment plan pursuant to which a
suspension had been terminated under subsection (c) of this
Section, the Secretary of State shall suspend the driving
privileges of such person in accordance with the procedures set
forth in this Section. The Secretary shall also suspend the
driving privileges of an owner of a registered vehicle upon

HB5328 - 9 - LRB101 18216 LNS 67658 b
receipt of a certified report, as prescribed by subsection (f)
of this Section, from any municipality or county stating that
such person has failed to satisfy any fines or penalties
imposed by final judgments for 5 or more automated speed
enforcement system or automated traffic law violations, or
combination thereof, after exhaustion of judicial review
procedures.
(b) Following receipt of the certified report of the
municipality or county as specified in this Section, the
Secretary of State shall notify the person whose name appears
on the certified report that the person's drivers license will
be suspended at the end of a specified period of time unless
the Secretary of State is presented with a notice from the
municipality or county certifying that the fine or penalty due
and owing the municipality or county has been paid 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 municipality's or county'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 of the appropriate municipal or county
official notifying the Secretary of State of unpaid fines or
penalties pursuant to this Section shall be certified and shall
contain the following:
(1) The name, last known address as recorded with the
Secretary of State, as provided by the lessor of the cited

HB5328 - 10 - LRB101 18216 LNS 67658 b
vehicle at the time of lease, or as recorded in a United
States Post Office approved database if any notice sent
under Section 11-208.3 of this Code is returned as
undeliverable, and drivers license number of the person who
failed to pay the fine or penalty or who has defaulted in a
payment plan and the registration number of any vehicle
known to be registered to such person in this State.
(2) The name of the municipality or county making the
report pursuant to this Section.
(3) A statement that the municipality or county sent a
notice of impending drivers license suspension as
prescribed by ordinance enacted pursuant to Section
11-208.3 of this Code or a notice of default in a payment
plan, to the person named in the report at the address
recorded with the Secretary of State or at the last address
known to the lessor of the cited vehicle at the time of
lease or, if any notice sent under Section 11-208.3 of this
Code is returned as undeliverable, at the last known
address recorded in a United States Post Office approved
database; the date on which such notice was sent; and the
address to which such notice was sent. In a municipality or
county with a population of 1,000,000 or more, the report
shall also include a statement that the alleged violator's
State vehicle registration number and vehicle make, if
specified on the automated speed enforcement system
violation or automated traffic law violation notice, are

HB5328 - 11 - LRB101 18216 LNS 67658 b
correct as they appear on the citations.
(4) A unique identifying reference number for each
request of suspension sent whenever a person has failed to
pay the fine or penalty or has defaulted on a payment plan.
(d) Any municipality or county making a certified report to
the Secretary of State pursuant to this Section shall notify
the Secretary of State within 30 days, in a form prescribed by
the Secretary, whenever a person named in the certified report
has paid the previously reported fine or penalty, whenever a
person named in the certified report has entered into a payment
plan pursuant to which the municipality or county has agreed to
terminate the suspension, or whenever the municipality or
county determines that the original report was in error. A
certified copy of such notification shall also be given upon
request and at no additional charge to the person named
therein. Upon receipt of the municipality's or county's
notification or presentation of a certified copy of such
notification, the Secretary of State shall terminate the
suspension.
(e) Any municipality or county making a certified report to
the Secretary of State pursuant to this Section shall also by
ordinance establish procedures for persons to challenge the
accuracy of the certified report. The ordinance shall also
state the grounds for such a challenge, which may be limited to
(1) the person not having been the owner or lessee of the
vehicle or vehicles receiving a combination of 5 or more

HB5328 - 12 - LRB101 18216 LNS 67658 b
automated speed enforcement system or automated traffic law
violations on the date or dates such notices were issued; and
(2) the person having already paid the fine or penalty for the
combination of 5 or more automated speed enforcement system or
automated traffic law violations indicated on the certified
report.
(f) Any municipality or county, other than a municipality
or county establishing automated speed enforcement system
regulations under Section 11-208.8, or automated traffic law
regulations under Section 11-208.6, 11-208.9, or 11-1201.1,
may also cause a suspension of a person's drivers license
pursuant to this Section. Such municipality or county may
invoke this sanction by making a certified report to the
Secretary of State upon a person's failure to satisfy any fine
or penalty imposed by final judgment for a combination of 5 or
more automated speed enforcement system or automated traffic
law violations after exhaustion of judicial review procedures,
but only if:
(1) the municipality or county complies with the
provisions of this Section in all respects except in regard
to enacting an ordinance pursuant to Section 11-208.3;
(2) the municipality or county has sent a notice of
impending drivers license suspension as prescribed by an
ordinance enacted pursuant to subsection (g) of this
Section; and
(3) in municipalities or counties with a population of

HB5328 - 13 - LRB101 18216 LNS 67658 b
1,000,000 or more, the municipality or county has verified
that the alleged violator's State vehicle registration
number and vehicle make are correct as they appear on the
citations.
(g) Any municipality or county, other than a municipality
or county establishing automated speed enforcement system
regulations under Section 11-208.8, or automated traffic law
regulations under Section 11-208.6, 11-208.9, or 11-1201.1,
may provide by ordinance for the sending of a notice of
impending drivers license suspension to the person who has
failed to satisfy any fine or penalty imposed by final judgment
for a combination of 5 or more automated speed enforcement
system or automated traffic law violations after exhaustion of
judicial review procedures. An ordinance so providing shall
specify that the notice sent to the person liable for any fine
or penalty shall state that failure to pay the fine or penalty
owing within 45 days of the notice's date will result in the
municipality or county notifying the Secretary of State that
the person's drivers license is eligible for suspension
pursuant to this Section. The notice of impending drivers
license suspension shall be sent by first class United States
mail, postage prepaid, to the address recorded with the
Secretary of State or at the last address known to the lessor
of the cited vehicle at the time of lease or, if any notice
sent under Section 11-208.3 of this Code is returned as
undeliverable, to the last known address recorded in a United

HB5328 - 14 - LRB101 18216 LNS 67658 b
States Post Office approved database.
(h) An administrative hearing to contest an impending
suspension or a suspension made pursuant to this Section may be
had upon filing a written request with the Secretary of State.
The filing fee for this hearing shall be $20, to be paid at the
time the request is made. A municipality or county which files
a certified report with the Secretary of State pursuant to this
Section shall reimburse the Secretary for all reasonable costs
incurred by the Secretary as a result of the filing of the
report, including but not limited to the costs of providing the
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
such a hearing.
(i) The provisions of this Section shall apply on and after
January 1, 1988.
(j) For purposes of this Section, the term "compliance
violation" is defined as in Section 11-208.3.
(Source: P.A. 101-623, eff. 7-1-20.)
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other

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Public Act.