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| Public Act 094-0218 |
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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 5. The Illinois Vehicle Code is amended by changing | ||||
Sections 6-306.7 and 13B-55 as follows:
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(625 ILCS 5/6-306.7)
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Sec. 6-306.7. Failure to satisfy fines or penalties for | ||||
toll violations or
evasions; suspension of driving privileges.
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(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
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accordance with the procedures set forth in this Section.
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(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, except as to | ||||
those drivers who also have been issued a CDL. If a person also | ||||
has been issued a CDL, notice of suspension of that person's | ||||
driver's license must be given in writing by certified mail and | ||||
is effective on the date listed in the notice of suspension, | ||||
except that the notice is not effective until 4 days after the | ||
date on which the notice was deposited into the United States | ||
mail. The notice becomes effective 4 days after its deposit | ||
into the United States mail regardless of whether the Secretary | ||
of State receives the return receipt and regardless of whether | ||
the written notification is returned for any reason to the | ||
Secretary of State as undeliverable.
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(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:
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(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.
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(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
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address recorded with the Secretary of State; the date on | ||
which the notice was
sent; and the address to which the | ||
notice was sent.
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(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.
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(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:
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(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
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(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.
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(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
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Authority.
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(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
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Secretary. The filing fee for this hearing is $20, to be paid
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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.
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(h) The Secretary and the Authority may promulgate rules to | ||
enable
them to carry out their duties under this Section.
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(i) The Authority shall cooperate with the Secretary in the
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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.
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The Secretary shall cooperate with the Authority in the
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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.
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(j) For purposes of this Section, the term "Authority" | ||
means the
Illinois State Toll Highway Authority.
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(Source: P.A. 91-277, eff. 1-1-00.)
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(625 ILCS 5/13B-55)
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Sec. 13B-55. Enforcement.
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(a) The Agency shall cooperate in the enforcement of this | ||
Chapter by (i)
identifying probable violations through | ||
computer matching of vehicle
registration records and | ||
inspection records; (ii) sending one
notice to each suspected | ||
violator identified through such matching, stating
that | ||
registration and inspection records indicate that the vehicle | ||
owner has
not complied with this Chapter; (iii) directing the | ||
vehicle owner to notify the
Agency or the Secretary of State if | ||
he or she has ceased to own the vehicle or
has changed | ||
residence; and (iv) advising the vehicle owner of the | ||
consequences
of violating this Chapter.
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The Agency shall cooperate with the Secretary of State in | ||
the administration
of this Chapter and the related provisions | ||
of Chapter 3, and shall provide the
Secretary of State with | ||
such information as the Secretary of State may deem
necessary | ||
for these purposes, including regular and timely access to | ||
vehicle
inspection records. The Agency shall be reimbursed for | ||
the cost of providing
this information.
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The Secretary of State shall cooperate with the Agency in | ||
the
administration of this Chapter and shall provide the Agency | ||
with such
information as the Agency may deem necessary for the | ||
purposes of this Chapter,
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 of State shall be reimbursed for the cost of | ||
providing the
information.
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(b) The Secretary of State shall suspend either the driving | ||
privileges or
the vehicle registration, or both, of any vehicle | ||
owner who has not complied
with this Chapter, if (i) the | ||
vehicle owner failed to
satisfactorily respond to the one | ||
notice sent by the Agency under
subsection (a), and (ii) the | ||
Secretary of State has mailed the vehicle owner a
notice that | ||
the suspension will be imposed if the owner does not comply
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within a stated period, and the Secretary of State has not | ||
received
satisfactory evidence of compliance within that | ||
period. The Secretary of State
shall send this notice only | ||
after receiving a statement from the Agency that
the vehicle | ||
owner has failed to comply with this Section. Notice shall be
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effective as specified in subsection (c) of Section 6-211 of | ||
this Code, except as to those drivers who also have been issued | ||
a CDL. If a person also has been issued a CDL, notice of | ||
suspension of that person's driver's license must be given in | ||
writing by certified mail and is effective on the date listed | ||
in the notice of suspension, except that the notice is not | ||
effective until 4 days after the date on which the notice was | ||
deposited into the United States mail. The notice becomes | ||
effective 4 days after its deposit into the United States mail | ||
regardless of whether the Secretary of State receives the | ||
return receipt and regardless of whether the written | ||
notification is returned for any reason to the Secretary of | ||
State as undeliverable.
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A suspension under this subsection shall not be terminated | ||
until satisfactory
proof of compliance has been submitted to | ||
the Secretary of State. No driver's
license or permit, or | ||
renewal of a license or permit, may be issued to a person
whose | ||
driving privileges have been suspended under this Section until | ||
the
suspension has been terminated. No vehicle registration or | ||
registration plate
that has been suspended under this Section | ||
may be reinstated or renewed, or
transferred by the owner to | ||
any other vehicle, until the suspension has been
terminated.
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The filing fee for an administrative hearing to contest a | ||
suspension made
under this Section shall be $20, to be paid by | ||
the vehicle owner at the
time written request for the hearing | ||
is made to the Secretary of State.
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The Secretary of State may promulgate rules to enable him | ||
or her to carry out
his or her duties under this Chapter.
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(Source: P.A. 88-533.)
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Section 99. Effective date. This Act takes effect July 1, | ||
2006. | ||