|
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB1879 Introduced 2/10/2017, by Sen. James F. Clayborne, Jr. SYNOPSIS AS INTRODUCED:
| | |
Amends the Illinois Vehicle Code. Makes a technical change in a
Section concerning failure to satisfy fines for toll violations.
| |
| | |
| | A BILL FOR |
|
|
| | SB1879 | | LRB100 11122 AXK 21388 b |
|
|
| 1 | | AN ACT concerning transportation.
|
| 2 | | Be it enacted by the People of the State of Illinois, |
| 3 | | represented in the General Assembly:
|
| 4 | | Section 5. The Illinois Vehicle Code is amended by changing |
| 5 | | Section 3-704.2 as follows:
|
| 6 | | (625 ILCS 5/3-704.2)
|
| 7 | | Sec. 3-704.2.
Failure to satisfy fines or penalties for |
| 8 | | toll violations or
evasions; suspension of vehicle |
| 9 | | registration.
|
| 10 | | (a) Upon receipt of a certified report, as prescribed by |
| 11 | | subsection (c) of
this Section, from the
the Authority stating |
| 12 | | that the owner of a registered vehicle
has failed to satisfy |
| 13 | | any fine or penalty resulting from a final order issued
by the |
| 14 | | Authority relating directly or indirectly to 5 or more toll |
| 15 | | violations,
toll evasions, or both, the Secretary of State |
| 16 | | shall suspend
the vehicle registration of the person in
|
| 17 | | accordance with the procedures set forth in this Section. |
| 18 | | (b) Following receipt of the certified report of the |
| 19 | | Authority as specified
in the Section, the Secretary of State |
| 20 | | shall notify the person whose name
appears on the certified |
| 21 | | report that the person's vehicle
registration will be suspended |
| 22 | | at the end of a specified period
unless the Secretary of State |
| 23 | | is presented with a notice from the
Authority certifying that |
|
| | SB1879 | - 2 - | LRB100 11122 AXK 21388 b |
|
|
|
| 1 | | the fines or penalties owing the Authority have been
satisfied |
| 2 | | or that inclusion of that person's name on the certified report |
| 3 | | was
in error. The Secretary's notice shall state in substance |
| 4 | | the information
contained in the Authority's certified report |
| 5 | | to the Secretary, and shall be
effective as specified by |
| 6 | | subsection (c) of Section 6-211 of this Code.
|
| 7 | | (c) The report from the Authority notifying the Secretary |
| 8 | | of unsatisfied
fines
or penalties pursuant to this Section |
| 9 | | shall be certified and shall contain the
following:
|
| 10 | | (1) The name, last known address, and driver's license |
| 11 | | number of the
person
who failed to satisfy the fines or |
| 12 | | penalties and the registration number of any
vehicle known |
| 13 | | to be registered in this State to that person.
|
| 14 | | (2) A statement that the Authority sent a notice of |
| 15 | | impending suspension
of the person's driver's
license, |
| 16 | | vehicle registration,
or both, as prescribed by rules |
| 17 | | enacted pursuant to subsection (a-5) of
Section
10 of the |
| 18 | | Toll Highway Act, to the person named in the report at the
|
| 19 | | address recorded with the Secretary of State; the date on |
| 20 | | which the notice was
sent; and the address to which the |
| 21 | | notice was sent.
|
| 22 | | (d) The Authority, after making a certified report to the |
| 23 | | Secretary
pursuant to this Section, shall notify the Secretary, |
| 24 | | on a form prescribed by
the Secretary, whenever a person named |
| 25 | | in the certified report has satisfied
the previously reported |
| 26 | | fines or penalties or whenever the Authority determines
that |
|
| | SB1879 | - 3 - | LRB100 11122 AXK 21388 b |
|
|
|
| 1 | | the original report was in error. A certified copy of the |
| 2 | | notification
shall also be given upon request and at no |
| 3 | | additional charge to the person
named therein. Upon receipt of |
| 4 | | the Authority's notification or presentation of
a certified |
| 5 | | copy of the notification, the Secretary shall terminate
the |
| 6 | | suspension.
|
| 7 | | (e) The Authority shall, by rule, establish procedures for |
| 8 | | persons to
challenge the accuracy of the certified report made |
| 9 | | pursuant to this Section.
The
rule shall also provide the |
| 10 | | grounds for a challenge, which may be
limited to:
|
| 11 | | (1) the person not having been the owner or lessee of |
| 12 | | the vehicle
or
vehicles receiving 5 or more toll violation |
| 13 | | or toll evasion notices on the date
or dates the notices |
| 14 | | were issued; or
|
| 15 | | (2) the person having already satisfied
the fines or |
| 16 | | penalties for the 5 or more toll violations or toll |
| 17 | | evasions
indicated on the certified report.
|
| 18 | | (f) All notices sent by the Authority to persons involved |
| 19 | | in administrative
adjudications, hearings, and final orders |
| 20 | | issued pursuant to rules
implementing subsection (a-5) of |
| 21 | | Section 10 of the Toll Highway Act shall state
that failure
to |
| 22 | | satisfy any fine or penalty imposed by the Authority shall |
| 23 | | result in the
Secretary of State suspending the driving |
| 24 | | privileges, vehicle registration,
or both, of the person |
| 25 | | failing to satisfy the fines or penalties imposed by the
|
| 26 | | Authority.
|
|
| | SB1879 | - 4 - | LRB100 11122 AXK 21388 b |
|
|
|
| 1 | | (g) A person may request an administrative hearing to |
| 2 | | contest an impending
suspension or a
suspension made
pursuant |
| 3 | | to this Section upon filing a written request with the
|
| 4 | | Secretary. The filing fee for this hearing is $20, to be paid
|
| 5 | | at the time of the request. The Authority shall reimburse the |
| 6 | | Secretary
for all reasonable costs incurred by the Secretary as |
| 7 | | a result of the
filing of a certified report pursuant to this |
| 8 | | Section, including, but not
limited to, the costs of providing |
| 9 | | notice required pursuant to subsection (b)
and the costs |
| 10 | | incurred
by the Secretary in any hearing conducted with respect |
| 11 | | to the report pursuant
to this subsection and any appeal from |
| 12 | | that hearing.
|
| 13 | | (h) The Secretary and the Authority may promulgate rules to |
| 14 | | enable
them to carry out their duties under this Section.
|
| 15 | | (i) The Authority shall cooperate with the Secretary in the
|
| 16 | | administration of this Section and shall provide the Secretary |
| 17 | | with any
information the Secretary may deem necessary for these |
| 18 | | purposes, including
regular and timely access to toll violation |
| 19 | | enforcement records.
|
| 20 | | The Secretary shall cooperate with the Authority in the
|
| 21 | | administration of this Section and shall provide the Authority |
| 22 | | with any
information the Authority may deem necessary for the |
| 23 | | purposes of this Section,
including regular and timely access |
| 24 | | to vehicle registration records. Section
2-123 of this Code |
| 25 | | shall not apply to the provision of this information, but
the |
| 26 | | Secretary shall be reimbursed for the cost of providing this |