Sen. Edward D. Maloney
Filed: 3/15/2011
 
 

 

 

 
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1
AMENDMENT TO SENATE BILL 2064




2    AMENDMENT NO. ______. Amend Senate Bill 2064 by replacing 
3everything after the enacting clause with the following:

 
 
4    "Section 5. The Illinois Vehicle Code is amended  by 
5changing Section 3-704 as follows:
 



6    (625 ILCS 5/3-704)  (from Ch. 95 1/2, par. 3-704)


7    Sec. 3-704. Authority of Secretary of State to suspend or 
8revoke a registration or
certificate of title; authority to 
9suspend or revoke the registration of a
vehicle.

10    (a) The Secretary of State may suspend or revoke the 
11registration of a
vehicle or a certificate of title, 
12registration card, registration sticker,
registration plate, 
13disability parking decal or device,
or any nonresident or other 
14permit in any of the following events:


15        1. When the Secretary of State is satisfied that such 
16    registration or
that such certificate, card, plate, 
 
 
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1    registration sticker or permit was
fraudulently or

2    erroneously issued;


3        2. When a registered vehicle has been dismantled or 
4    wrecked or is not
properly equipped;


5        3. When the Secretary of State determines that any 
6    required fees have
not been paid to the Secretary of State, 
7    to the Illinois Commerce
Commission, or to the Illinois 
8    Department of Revenue under the Motor Fuel Tax Law, and the 
9    same are not paid upon reasonable notice and demand;


10        4. When a registration card, registration plate, 
11    registration sticker
or permit is knowingly
displayed upon 
12    a vehicle other than the one for which issued;


13        5. When the Secretary of State determines that the 
14    owner has committed
any offense under this Chapter 
15    involving the registration or the
certificate, card, 
16    plate, registration sticker or permit to be suspended or

17    revoked;


18        6. When the Secretary of State determines that a 
19    vehicle registered
not-for-hire is used or operated 
20    for-hire unlawfully, or used or operated
for purposes other 
21    than those authorized;


22        7. When the Secretary of State determines that an owner 
23    of a for-hire
motor vehicle has failed to give proof of 
24    financial responsibility as
required by this Act;


25        8. When the Secretary determines that the vehicle is 
26    not subject to or
eligible for a registration;


 
 
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1        9. When the Secretary determines that the owner of a 
2    vehicle registered
under the mileage weight tax option 
3    fails to maintain the records specified
by law, or fails to 
4    file the reports required by law, or that such vehicle
is 
5    not equipped with an operable and operating speedometer or 
6    odometer;


7        10. When the Secretary of State is so authorized under 
8    any other
provision of law;


9        11. When the Secretary of State determines that the 
10    holder of a disability parking decal or device has 
11    committed any offense under Chapter 11
of this Code 
12    involving the use of a disability parking decal
or device.

13    (a-5)  The Secretary of State may revoke a certificate of 
14title and registration card and issue a corrected certificate 
15of title and registration card, at no fee to the vehicle owner 
16or  lienholder, if there is proof that the vehicle 
17identification number is erroneously shown on the original 
18certificate of title.

19    (b) The Secretary of State may suspend or revoke the 
20registration of a
vehicle as follows:


21        1. When the Secretary of State determines that the 
22    owner of a vehicle has
not paid a civil penalty or a 
23    settlement agreement arising from the
violation of rules 
24    adopted under the Illinois Motor Carrier Safety Law or the

25    Illinois Hazardous Materials Transportation Act or that a 
26    vehicle, regardless
of ownership, was the subject of 
 
 
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1    violations of these rules that resulted in a
civil penalty 
2    or settlement agreement which remains unpaid.


3        2. When the Secretary of State determines that a 
4    vehicle registered for a
gross weight of more than 16,000 
5    pounds within an affected area is not in
compliance with 
6    the provisions of Section 13-109.1 of the Illinois Vehicle

7    Code.
8        3. When the Secretary of State is notified by the 
9    United States Department of Transportation that a vehicle 
10    is in violation of the Federal Motor Carrier Safety 
11    Regulations, as they are now or hereafter amended, and is 
12    prohibited from operating.

13        4. When a court finds that the vehicle was used in a 
14    violation of Section 24-3A of the Criminal Code of 1961 
15    relating to gunrunning. A suspension or revocation of 
16    registration under this paragraph 4 may be for a period of 
17    up to 90 days.
18(Source: P.A. 94-239, eff. 1-1-06; 94-619, eff. 1-1-06; 94-759, 
19eff. 5-12-06; 95-287, eff. 1-1-08.)



 
20    Section 99. Effective date. This Act takes effect January 
211, 2012.".