State Government Administration Committee
Adopted in House Comm. on Mar 04, 2004
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1 | AMENDMENT TO HOUSE BILL 4127
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2 | AMENDMENT NO. ______. Amend House Bill 4127, AS AMENDED, | ||||||
3 | with reference to page and line numbers of House Amendment No. | ||||||
4 | 1, on page 1, below line 20, by inserting the following:
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5 | " (c) A person prohibited from purchasing a motor vehicle by | ||||||
6 | this Section may seek an exception by filing a request for an | ||||||
7 | exception with the Administrative Hearings Department of the | ||||||
8 | Office of the Secretary of State. The Secretary may grant the | ||||||
9 | exception upon a showing (i) that the person's name must appear | ||||||
10 | on the title and registration of a motor vehicle for financing | ||||||
11 | purposes and (ii) that the motor vehicle is to be used as a | ||||||
12 | primary means of transportation by another person.
The | ||||||
13 | Secretary shall adopt rules for implementing this subsection | ||||||
14 | (c) "; and | ||||||
15 | on page 6, by replacing lines 20 through 31 with the following: | ||||||
16 | "(625 ILCS 5/5-106.1 new) | ||||||
17 | Sec. 5-106.1. Sales to certain offenders prohibited.
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18 | (a) A new or used motor vehicle dealer may not sell a motor | ||||||
19 | vehicle to any individual whose driving privileges are | ||||||
20 | suspended or revoked as a result of a conviction for violating | ||||||
21 | Section 9-3 of the Criminal Code of 1961 relating to the | ||||||
22 | offense of reckless homicide, or a conviction for violating | ||||||
23 | Section 11-501 of this Code or a similar provision of a local | ||||||
24 | ordinance, or suspended in accordance with a statutory summary |
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1 | suspension as authorized by Section 11-501.1 of this Code, | ||||||
2 | unless the individual has been issued a driving permit as | ||||||
3 | authorized by this Code that is in effect at the time of the | ||||||
4 | purchase. | ||||||
5 | (b) The sale of a motor vehicle to a person whose driving | ||||||
6 | privileges are suspended or revoked as described in subsection | ||||||
7 | (a) is not a violation of this Section if (i) the new or used | ||||||
8 | motor vehicle dealer attempts to ascertain the status of the | ||||||
9 | purchaser's driving privileges through the means established | ||||||
10 | by the Secretary of State and is unable to do so because the | ||||||
11 | information is unavailable due to a failure of the | ||||||
12 | communication system established by the Secretary of State or | ||||||
13 | (ii) the information received from the Secretary of State is | ||||||
14 | erroneous. ".
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