HB6876 93RD GENERAL ASSEMBLY

LRB093 17917 DRH 43600 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB6876

Introduced 02/09/04, by Eileen Lyons

SYNOPSIS AS INTRODUCED:

625 ILCS 5/2-118	from Ch. 95 1/2, par. 2-118
625 ILCS 5/2-118.2 new
625 ILCS 5/2-118.3 new
625 ILCS 5/3-412.1 new
625 ILCS 5/3-412.2 new
625 ILCS 5/3-412.3 new
625 ILCS 5/3-412.4 new
625 ILCS 5/3-412.5 new
625 ILCS 5/3-412.6 new

Provides that a person arrested for certain violations involving driving on a revoked or suspended license must have a distinctive sticker attached to his or her license plate. Provides that a law enforcement officer may stop a vehicle with one of these stickers on its license plate simply to determine whether the vehicle is being driven by a person with a revoked or suspended license. Provides that a person with one of these stickers may have his or her vehicle registration cancelled under specified conditions. Provides for hearings and appeals with regard to these cancellations. Provides that removal of the special stickers is a petty offense. Provides that when stickers must be replaced, the vehicle owner must pay the cost. Provides that the Secretary shall adopt the necessary rules.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning vehicles.

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 2-118 and adding Sections 2-118.2, 2-118.3, 3-412.1, 3-412.2, 3-412.3, 3-412.4, 3-412.5, and 3-412.6 as follows:

(625 ILCS 5/2-118) (from Ch. 95 1/2, par. 2-118)

Sec. 2-118. Hearings.

(a) Except as provided in Section 2-118.2, upon Upon the suspension, revocation or denial of the issuance of a license, permit, registration or certificate of title under this Code of any person the Secretary of State shall immediately notify such person in writing and upon his written request shall, within 20 days after receipt thereof, set a date for a hearing to commence within 90 calendar days from the date of the written request for all requests related to a suspension, revocation, or the denial of the issuance of a license, permit, registration, or certificate of title occurring after July 1, 2002, in the County of Sangamon, the County of Jefferson, or the County of Cook, as such person may specify, unless both parties agree that such hearing may be held in some other county. The Secretary may require the payment of a fee of not more than $50 for the filing of any petition, motion, or request for hearing conducted pursuant to this Section. These fees must be deposited into the Secretary of State DUI Administration Fund, a special fund created in the State treasury, and, subject to appropriation and as directed by the Secretary of State, shall be used for operation of the Department of Administrative Hearings of the Office of the Secretary of State and for no other purpose. The Secretary shall establish by rule the amount and the procedures, terms, and conditions relating to these fees.

(b) At any time after the suspension, revocation or denial of a license, permit, registration or certificate of title of any person as hereinbefore referred to, the Secretary of State, in his or her discretion and without the necessity of a request by such person, may hold such a hearing, upon not less than 10 days' notice in writing, in the Counties of Sangamon, Jefferson, or Cook or in any other county agreed to by the parties.

(c) Upon any such hearing, the Secretary of State, or his authorized agent may administer oaths and issue subpoenas for the attendance of witnesses and the production of relevant books and records and may require an examination of such person. Upon any such hearing, the Secretary of State shall either rescind or, good cause appearing therefor, continue, change or extend the Order of Revocation or Suspension, or upon petition therefore and subject to the provisions of this Code, issue a restricted driving permit or reinstate the license or permit of such person.

(d) All hearings and hearing procedures shall comply with requirements of the Constitution, so that no person is deprived of due process of law nor denied equal protection of the laws. All hearings shall be held before the Secretary of State or before such persons as may be designated by the Secretary of State and appropriate records of such hearings shall be kept. Where a transcript of the hearing is taken, the person requesting the hearing shall have the opportunity to order a copy thereof at his own expense. The Secretary of State shall enter an order upon any hearing conducted under this Section, related to a suspension, revocation, or the denial of the issuance of a license, permit, registration, or certificate of title occurring after July 1, 2002, within 90 days of its conclusion and shall immediately notify the person in writing of his or her action.

(e) The action of the Secretary of State in suspending, revoking or denying any license, permit, registration, or certificate of title shall be subject to judicial review in the Circuit Court of Sangamon County, in the Circuit Court of Jefferson County, or in the Circuit Court of Cook County, and the provisions of the Administrative Review Law, and all amendments and modifications thereto, and the rules adopted pursuant thereto, are hereby adopted and shall apply to and govern every action for the judicial review of final acts or decisions of the Secretary of State hereunder.

(Source: P.A. 91-823, eff. 1-1-01; 92-418, eff. 8-17-01.)

(625 ILCS 5/2-118.2 new)

Sec. 2-118.2. Opportunity for hearing; statutory summary cancellation.

(a) A hearing on cancellation of registration shall be before a representative of the Secretary of State.

(b) Unless there is an agreement between the person and the Secretary that the hearing be conducted elsewhere, the hearing shall be held either in the county where the alleged offense occurred or at any place within 100 miles of the place where the offense is alleged to have occurred, as established by the Secretary by rule.

(c) The Secretary may contract with any person or agency to hold the hearing on behalf of the Secretary and to report findings from the hearing to the Secretary. Any person or agency may in individual cases issue final orders on behalf of the Secretary.

(d) A person who requests a hearing under this Section and who fails, without just cause, to appear in person or through an attorney waives the right to a hearing. If a person waives a right to a hearing under this subsection, the Secretary is not required to make any showing at the hearing.

(e) Except as provided in subsection (i), the Secretary shall hold the hearing and issue a final order within 60 days of the date of the arrest or citation under Section 3-412.1. The person who requested the hearing shall be notified of the time and place of the hearing at least 20 days prior to the scheduled date.

(f) In connection with the hearing, the Secretary or his or her authorized representative may administer oaths and shall issue subpoenas for (i) the attendance of witnesses at the hearing requested by the person or the Secretary and (ii) the production of relevant documents.

(g) The hearing shall be recorded by whatever means may be determined by the Secretary and shall include testimony and exhibits, if any. The record of the proceedings shall not be transcribed unless requested by a party to the proceeding.

(h) The scope of a hearing under this Section shall be limited to whether the cancellation is valid as described in this subsection (h). A cancellation is valid if all of the following requirements have been met:

(1) at the time the registration plates were marked, (i) the driving privileges of the driver of the vehicle were suspended or revoked for one of the reasons specified in Section 3-412.1, or (ii) the driver was operating the vehicle without driving privileges at the time of the marking and has not produced a license, permit, or other evidence of driving privileges as authorized by subsection (f) of Section 3-412.2;

(2) the driver of the vehicle was a registered owner of the vehicle at the time the registration plates were marked and is a registered owner of the vehicle at the time of the hearing; and

(3) the driver of the vehicle was provided notice that met the requirements of Section 3-412.3.

(i) If the Secretary is unable to provide a hearing within the time required by subsection (e), the Secretary may postpone the hearing for up to 60 additional days. The Secretary shall determine by rule what constitutes inability to provide a hearing within the time required. If a hearing is postponed under this subsection (i), the Secretary shall extend the temporary registration issued under Section 3-412.1 for an additional 60 days.

(j) The Secretary shall not require the police officer who took action under Section 3-412.1 to be present at any hearing held under this Section. Nothing in this subsection (j) prohibits the Secretary from issuing a subpoena to the police officer on behalf of the person who requested the hearing.

(k) The Secretary shall adopt rules for implementing this Section and Section 2-118.3.

(625 ILCS 5/2-118.3 new)

Sec. 2-118.3. Right of appeal; statutory summary cancellation.

(a) The petition to the circuit court appealing an order of the Secretary of State after a hearing under Section 2-118.2 shall state the nature of the petitioner's interest and the ground or grounds upon which the petitioner contends the order should be reversed or remanded.

(b) The court shall conduct the review without a jury. Review shall be limited to the record of the Secretary's hearing.

(c) Any party to the proceedings before the circuit court may appeal from the judgment of the court to the Appellate Court.

(d) Upon review in the circuit court and the Appellate Court, the court may affirm, reverse, or remand the order as follows:

(1) if the court finds that the Secretary has erroneously interpreted a provision of law and that a correct interpretation compels a particular action, the court shall:

(A) set aside or modify the order; or

(B) remand the case to the Secretary for further action under a correct interpretation of the law;

(2) the court shall remand the order to the Secretary if it finds the Secretary's exercise of discretion to be any of the following:

(A) outside the range of discretion delegated to the Secretary by law;

(B) inconsistent with one or more of the Secretary's rules; or

(C) otherwise in violation of a constitutional or statutory provision; and

(3) the court shall set aside or remand the order if it finds that the order is not supported by substantial evidence in the record.

(e) Upon review, the court shall affirm the Secretary's order unless the court finds a ground for setting aside, modifying, or remanding to the Secretary under this Section.

(625 ILCS 5/3-412.1 new)

Sec. 3-412.1. Persons who drive on revoked or suspended licenses.

(a) Except as provided in subsection (b), a police officer who arrests, or issues a Uniform Traffic Citation to, a person charged with (i) a felony violation of Section 6-303, (ii) driving on a license that was suspended under Section 3-707, or (iii) driving without a license or permit in violation of Section 6-101, shall confiscate any vehicle registration card that is found in the vehicle and shall mark each registration plate of the vehicle with a sticker in accordance with procedures prescribed by the Secretary.

(b) This Section does not apply to a vehicle driven by a person issued a citation for operating a vehicle with an expired license, if the person's license expired not more than one year before the date of the citation.

(c) Registration plates marked under this Section shall be clearly distinguishable from other plates issued by the Secretary.

(d) Upon confiscation of a registration card or the marking of plates under this Section, the officer shall issue the driver a temporary registration that expires 60 days after the date of arrest or citation. The Secretary shall provide law enforcement agencies with temporary registrations for issuance as required under this Section.

(e) The officer shall provide the driver with written notice of the circumstances under which the Secretary may cancel the vehicle's registration. Notice shall be on a form prepared and provided by the Secretary and shall contain the information required by Section 3-412.3.

(f) Within a period of time to be determined by the Secretary, the officer shall report action taken under this Section to the Secretary and shall deliver to the Secretary (i) any confiscated registration card and (ii) a copy of the notice of intent to cancel registration.

(g) Any police officer who sees a vehicle with registration plates marked as provided subsection (b) being operated on a highway or on premises open to the public may stop the vehicle for the sole purpose of ascertaining whether the driver is operating the vehicle in violation of Section 6-303.

(h) Nothing in this Section prevents the arrest or citation of a person for an offense if the officer has probable cause to believe the person has committed the offense.

(i) The Secretary shall adopt rules for implementing this Section and the following Sections that precede Section 3-413.

(625 ILCS 5/3-412.2 new)

Sec. 3-412.2. Summary cancellation of registration; persons who have driven with revoked or suspended licenses.

(a) Upon receipt of a report from a police officer of action taken under Section 3-412.1, the Secretary of State shall:

(1) determine from his or her records that the driving privileges of the driver were suspended or revoked for one of the reasons described in Section 3-412.1; and

(2) determine whether the driver was an owner of the vehicle that the driver was driving at the time of the arrest or citation under Section 3-412.1.

(b) If both conditions of subsection (a) of this Section are met, the Secretary shall cancel the registration of the vehicle. Cancellation shall take effect 60 days after the arrest or citation under Section 3-412.1. Cancellation shall remain in effect until (i) the driving privileges of the driver have been restored and the driver submits a valid application and all required fees for registration of the vehicle, including the restoration fee under Section 3-412.6, or (ii) another person who is qualified to do so registers the vehicle.

(c) Cancellation of registration under this Section does not affect the right of any person to transfer or acquire title to or any interest in the vehicle, or the right of any person other than the driver to become the registered owner of the vehicle.

(d) If the records of the Secretary show that the driving privileges of the driver were suspended or revoked for one of the reasons described in Section 3-412.1, but the driver was not an owner of the vehicle at the time the registration plates were marked, the Secretary shall promptly notify the registered owner, by first class mail to the address shown on the Secretary's records, of the action taken under Section 3-412.1. The Secretary shall not cancel the registration of a vehicle if the driver who was arrested or issued a citation under Section 3-412.1 was not an owner of the vehicle at the time of the arrest or citation. Upon payment by the registered owner of the replacement sticker fee, and the restoration fee under Section 3-412.6 if applicable, the Secretary shall issue replacement stickers and shall either (i) return any confiscated registration card to a registered owner notified under this subsection (d) or (ii) issue a new card without cost to the owner. The replacement stickers may be used by the registered owner to replace the stickers placed on the registration plate under Section 3-412.1.

(e) If the Secretary's records show that the driving privileges of the driver were not suspended or revoked for one of the reasons specified in Section 3-412.1 at the time of the action taken under Section 3-412.1, the Secretary shall (i) notify the driver or the registered owner, if other than the driver, that registration will not be canceled and (ii) issue replacement stickers at no cost to the driver or registered owner. The stickers and any confiscated registration card, or a new card at the Secretary's discretion, shall be given to the registered owner as soon as possible after the determination required under this subsection (e) has been made.

(f) If the driver of a vehicle that had plates marked under Section 3-412.1 produces a driver's license, driver permit, or other evidence of a grant of driving privileges that is valid at the time it is produced, the Secretary shall not cancel the registration of the vehicle and, upon payment by the registered owner of the replacement sticker fee and the restoration fee under Section 3-412.5, shall issue replacement stickers for the vehicle and shall either return any confiscated registration card or issue a new one at no cost to the owner of the vehicle.

(g) Nothing in this Section requires the Secretary to issue a registration card or stickers for a vehicle if registration for that vehicle has expired.

(625 ILCS 5/3-412.3 new)

Sec. 3-412.3. Notice.

(a) The notice given by a police officer under Section 3-412.1 shall:

(1) specify the grounds for cancellation of the registration;

(2) inform the person (i) that registration will not be canceled if the person has or gets a valid driver license or permit and (ii) of the procedure for obtaining replacement stickers and card under those circumstances; and

(3) inform the person that the person is entitled to a hearing under Section 2-118.2 of this Code.

(b) If no written request for a hearing is received by the Secretary within 15 days of notification under this Section, any cancellation of the registration by the Secretary authorized by Section 3-412.2 shall become effective as provided in that Section. If a request for a hearing is received within 15 days, the Secretary shall provide a hearing under Section 2-118.2.

(625 ILCS 5/3-412.4 new)

Sec. 3-412.4. Summary cancellation of registration effective pending appeal.

(a) A cancellation order issued under Section 2-118.2 shall remain in effect pending any appeal or remand of the order and there shall be no stay of the cancellation pending appeal or remand.

(b) Unless a person fails, without just cause, to appear in person or through an attorney at a hearing under Section 2-118.2 after having requested the hearing, a person shall have the right to appeal any final order by the Secretary after the hearing by filing a petition in the circuit court for the county where the person resides or, if the person does not reside in this State, in the circuit court of the county in which the arrest or citation took place, within 30 days after issuance of the final order of the Secretary. Appeal shall be as provided in Section 2-118.3.

(625 ILCS 5/3-412.5 new)

Sec. 3-412.5. Removal of special stickers.

(a) A person commits the offense of removal of special stickers if the person removes stickers put on the registration plates of a vehicle under Section 3-412.1 before the Secretary has issued replacement stickers for the vehicle.

(b) A violation of this Section is a petty offense.

(625 ILCS 5/3-412.6 new)

Sec. 3-412.6. Replacement plates or stickers.

(a) Whenever the registered owner of a vehicle is required to pay for replacement plates or stickers under Section 3-412.2, or when a driver re-registers a vehicle under Section 3-412.2, the Secretary shall charge a restoration fee in addition to any other fees charged for the transaction.

(b) The fee charged under this Section shall be an amount of not more than $5, to be determined by the Secretary, designed to recover the Secretary's costs.