Bill Text: IL HB3603 | 2017-2018 | 100th General Assembly | Introduced
Bill Title: Amends the Illinois Vehicle Code. Makes a technical change in a Section concerning failure to satisfy fines for toll violations.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Failed) 2019-01-08 - Session Sine Die [HB3603 Detail]
Download: Illinois-2017-HB3603-Introduced.html
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| 1 | AN ACT concerning transportation.
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| 2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
| 3 | represented in the General Assembly:
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| 4 | Section 5. The Illinois Vehicle Code is amended by changing | |||||||||||||||||||
| 5 | Section 3-704.2 as follows:
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| 6 | (625 ILCS 5/3-704.2)
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| 7 | Sec. 3-704.2.
Failure to satisfy fines or penalties for | |||||||||||||||||||
| 8 | toll violations or
evasions; suspension of vehicle | |||||||||||||||||||
| 9 | registration.
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| 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
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| 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 | |||||||||||||||||||
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| 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.
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| 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:
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| 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.
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| 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
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| 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.
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| 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 | ||||||
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| 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.
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| 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:
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| 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
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| 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.
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| 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
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| 26 | Authority.
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| 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
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| 4 | Secretary. The filing fee for this hearing is $20, to be paid
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| 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.
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| 13 | (h) The Secretary and the Authority may promulgate rules to | ||||||
| 14 | enable
them to carry out their duties under this Section.
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| 15 | (i) The Authority shall cooperate with the Secretary in the
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| 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.
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| 20 | The Secretary shall cooperate with the Authority in the
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| 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 | ||||||
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| 1 | information.
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| 2 | (j) For purposes of this Section, the term "Authority" | ||||||
| 3 | means the
Illinois State Toll Highway Authority.
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| 4 | (Source: P.A. 91-277, eff. 1-1-00.)
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