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| Public Act 097-0937 | ||||
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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 | ||||
Section 3-704.1 and adding Section 11-1430.1 as follows:
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(625 ILCS 5/3-704.1)
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Sec. 3-704.1. Municipal vehicle tax liability; suspension | ||||
of registration.
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(a) As used in this Section:
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(1) "Municipality" means a city, village or | ||||
incorporated town with a
population over 1,000,000.
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(2) "Vehicle tax" means a motor vehicle tax and any | ||||
related late fees
or charges imposed by a municipality | ||||
under Section 8-11-4 or the
Illinois Municipal Code or | ||||
under the municipality's home rule powers.
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(3) "Vehicle owner" means the registered owner or | ||||
owners of a vehicle
who are residents of the municipality.
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(b) A municipality that imposes a vehicle tax may, by | ||||
ordinance adopted
under this Section, establish a system | ||||
whereby the municipality
notifies the Secretary of State of | ||||
vehicle tax liability and the Secretary
of State suspends the | ||||
registration of vehicles for which the tax has not
been paid. | ||||
An ordinance establishing a system must provide for the | ||||
following:
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(1) A first notice for failure to pay a vehicle tax | ||
shall
be sent by first class mail to the vehicle owner at | ||
the owner's address
recorded with the Secretary of State | ||
whenever the municipality has reasonable
cause to believe | ||
that the vehicle owner has failed to pay a vehicle tax as
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required by ordinance. The notice shall include at least | ||
the following:
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(A) The name and address of the vehicle owner.
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(B) The registration plate number of the vehicle.
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(C) The period for which the vehicle tax is due.
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(D) The amount of vehicle tax that is due.
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(E) A statement that the vehicle owner's | ||
registration for the
vehicle will be subject to | ||
suspension proceedings unless the vehicle owner
pays | ||
the vehicle tax or successfully contests the owner's | ||
alleged liability
within 30 days of the date of the | ||
notice.
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(F) An explanation of the vehicle owner's | ||
opportunity to be heard
under subsection (c).
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(2) If a vehicle owner fails to pay the vehicle tax or | ||
to contest
successfully the owner's alleged liability | ||
within the period specified in the
first notice, a second | ||
notice of impending registration suspension shall be
sent | ||
by first class mail to the vehicle owner at the owner's | ||
address recorded
with the Secretary of State. The notice | ||
shall contain the same information as
the first notice, but | ||
shall also state that the failure to pay the amount
owing, | ||
or to contest successfully the alleged liability within 45 | ||
days of the
date of the second notice, will result in the | ||
municipality's notification of
the Secretary of State that | ||
the vehicle owner is eligible for initiation of
suspension | ||
proceedings under this Section.
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(c) An ordinance adopted under this Section must also give | ||
the
vehicle owner an opportunity to be heard upon the filing of | ||
a timely
petition with the municipality. A vehicle owner may | ||
contest the alleged
tax liability either through an | ||
adjudication by mail or at an
administrative hearing, at the | ||
option of the vehicle owner. The grounds
upon which the | ||
liability may be contested may be limited to the following:
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(1) The alleged vehicle owner does not own the vehicle.
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(2) The vehicle is not subject to the vehicle tax by | ||
law.
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(3) The vehicle tax for the period in question has been | ||
paid.
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At an administrative hearing, the formal or technical rules | ||
of evidence
shall not apply. The hearing shall be recorded. The | ||
person conducting
the hearing shall have the power to | ||
administer oaths and to secure by
subpoena the attendance and | ||
testimony of witnesses and the production of
relevant | ||
documents.
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(d) If a vehicle owner who has been sent a first notice of | ||
failure to
pay a vehicle tax and a second notice of impending | ||
registration suspension
fails to pay the vehicle tax or to | ||
contest successfully the vehicle owner's
liability within the | ||
periods specified in the notices, the appropriate
official | ||
shall cause a certified report to be sent to the Secretary of
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State under subsection (e).
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(e) A report of a municipality notifying the Secretary of | ||
State of a
vehicle owner's failure to pay a vehicle tax or | ||
related fines or penalties
under this Section shall be | ||
certified by the appropriate official and
shall contain the | ||
following:
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(1) The name, last known address and registration plate | ||
number of the
vehicle of the person who failed to pay the | ||
vehicle tax.
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(2) The name of the municipality making the report.
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(3) A statement that the municipality sent notices as | ||
required by
subsection (b); the date on which the notices | ||
were sent; the address to
which the notices were sent; and | ||
the date of the hearing, if any.
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(f) Following receipt of the certified report under this | ||
Section,
the Secretary of State shall notify the vehicle owner | ||
that the vehicle's
registration will be suspended at the end of | ||
a reasonable specified period
of time unless the Secretary of | ||
State is presented with a notice from the
municipality | ||
certifying that the person has paid the necessary vehicle tax,
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or that inclusion of that person's name or registration number | ||
on the certified
report was in error. The Secretary's notice | ||
shall state in substance the
information contained in the | ||
certified report from the municipality to the
Secretary, and | ||
shall be effective as specified by subsection (c) of Section
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6-211 of this Code. The notice shall also inform the person of | ||
the person's
right to a hearing under subsection (g).
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(g) An administrative hearing with the Office of the | ||
Secretary of State
to contest an impending suspension or a | ||
suspension made under 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.
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(1) The scope of any administrative hearing with the | ||
Secretary of
State to contest an impending suspension under | ||
this Section shall be
limited to the following issues:
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(A) Whether the report of the appropriate official | ||
of the municipality
was certified and contained the | ||
information required by this Section.
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(B) Whether the municipality making the certified | ||
report to the
Secretary of State established | ||
procedures by ordinance for persons to
challenge the | ||
accuracy of the certified report.
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(C) Whether the Secretary of State notified the | ||
vehicle owner
that the vehicle's registration would be | ||
suspended at the end of the
specified time period | ||
unless the Secretary of State was presented with a
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notice from the municipality certifying that the | ||
person has purchased the
necessary vehicle tax sticker | ||
or that inclusion of that person's name or
registration | ||
number on the certified report was in error.
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A municipality that files a certified report with the | ||
Secretary of State
under 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
under subsection | ||
(f) and the costs incurred by the Secretary in any
hearing | ||
conducted with respect to the report under this subsection
and | ||
any appeal from that hearing.
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(h) After the expiration of the time specified under | ||
subsection
(g), the Secretary of State shall, unless the | ||
suspension is successfully
contested, suspend the registration | ||
of the vehicle until the Secretary
receives notice under | ||
subsection (i).
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(i) Any municipality making a certified report to the | ||
Secretary of State
under this subsection shall notify the | ||
Secretary of State, in a form
prescribed by the Secretary, | ||
whenever a person named in the certified
report has | ||
subsequently paid a vehicle tax or whenever the municipality
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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 in the report. Upon | ||
receipt of the notification or
presentation of a certified copy | ||
of the notification by the municipality, the
Secretary of State | ||
shall terminate the suspension.
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(j) To facilitate enforcement of municipal vehicle tax | ||
liability, a municipality may provide by ordinance for a | ||
program of vehicle immobilization as provided by Section | ||
11-1430.1 of this Code. | ||
(Source: P.A. 87-1225.)
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(625 ILCS 5/11-1430.1 new) | ||
Sec. 11-1430.1. Vehicle immobilization for failure to pay | ||
municipal vehicle tax violation liability. | ||
(a) A municipality may provide by ordinance for a program | ||
of vehicle immobilization to facilitate enforcement of | ||
municipal vehicle tax liability. The program of vehicle | ||
immobilization shall provide for immobilizing an eligible | ||
vehicle upon the public way by presence of a restraint in a | ||
manner to prevent operation of the vehicle. An ordinance | ||
establishing a program of vehicle immobilization under this | ||
Section shall include the following provisions: | ||
(1) A vehicle shall be eligible for immobilization when | ||
the registered owner of the vehicle has accumulated the | ||
number of unpaid final determinations of vehicle tax | ||
violation liability or other violation liability under | ||
subsection (c) of Section 11-208.3 of this Code, or both. | ||
(2) The vehicle owner shall be provided with notice of | ||
the impending vehicle immobilization and
the right to a | ||
hearing to challenge the validity of the action by | ||
disproving liability for unpaid final determinations of | ||
vehicle tax or other violation liability under subsection | ||
(c) of Section 11-208.3 of this Code. | ||
(3) The vehicle owner shall have the right to a prompt | ||
hearing after a vehicle has
been immobilized or | ||
subsequently towed for nonpayment of outstanding fines and | ||
penalties for which final determinations have been issued. | ||
An order issued after the hearing is a final administrative | ||
decision within the meaning of Section 3-101 of the Code of | ||
Civil Procedure. | ||
(4) A post-immobilization and post-towing notice
shall | ||
be provided to the registered owner of the vehicle advising | ||
the registered owner of the right to a hearing to challenge | ||
the validity of the impoundment. | ||
(b) Judicial review of final determinations of vehicle tax | ||
violations and final administrative decisions issued after | ||
hearings regarding vehicle immobilization and impoundment made | ||
under this Section shall be subject to the Administrative | ||
Review Law. | ||
(c) A fine, penalty, or part thereof, remaining unpaid | ||
after the exhaustion of, or the failure to exhaust, | ||
administrative remedies and the conclusion of judicial review | ||
procedures shall be a debt due and owing the municipality and, | ||
as such, may be collected in accordance with applicable law. | ||
Payment in full of any fine or penalty resulting from a vehicle | ||
tax violation shall constitute a final disposition of that | ||
violation.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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