Full Text of SB2064 97th General Assembly
SB2064 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB2064 Introduced 2/10/2011, by Sen. Edward D. Maloney SYNOPSIS AS INTRODUCED: |
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625 ILCS 5/3-704 | from Ch. 95 1/2, par. 3-704 |
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Amends the Illinois Vehicle Code. Provides that the Secretary of State may suspend or revoke the registration of a
vehicle or a certificate of title, registration card, registration sticker,
registration plate, disability parking decal or device,
or any nonresident or other permit when the Secretary has determined that a vehicle was used in violation of provisions of the Criminal Code of 1961 concerning firearms or in the commission of any felony under the law of any state or the federal government in which a firearm was used.
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| | A BILL FOR |
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| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Vehicle Code is amended by changing | 5 | | 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 | 8 | | revoke a registration or
certificate of title; authority to | 9 | | suspend or revoke the registration of a
vehicle.
| 10 | | (a) The Secretary of State may suspend or revoke the | 11 | | registration of a
vehicle or a certificate of title, | 12 | | registration card, registration sticker,
registration plate, | 13 | | disability parking decal or device,
or any nonresident or other | 14 | | permit 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, | 17 | | registration sticker or permit was
fraudulently or
| 18 | | erroneously issued;
| 19 | | 2. When a registered vehicle has been dismantled or | 20 | | wrecked or is not
properly equipped;
| 21 | | 3. When the Secretary of State determines that any | 22 | | required fees have
not been paid to the Secretary of State, | 23 | | to the Illinois Commerce
Commission, or to the Illinois |
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| 1 | | Department of Revenue under the Motor Fuel Tax Law, and the | 2 | | same are not paid upon reasonable notice and demand;
| 3 | | 4. When a registration card, registration plate, | 4 | | registration sticker
or permit is knowingly
displayed upon | 5 | | a vehicle other than the one for which issued;
| 6 | | 5. When the Secretary of State determines that the | 7 | | owner has committed
any offense under this Chapter | 8 | | involving the registration or the
certificate, card, | 9 | | plate, registration sticker or permit to be suspended or
| 10 | | revoked;
| 11 | | 6. When the Secretary of State determines that a | 12 | | vehicle registered
not-for-hire is used or operated | 13 | | for-hire unlawfully, or used or operated
for purposes other | 14 | | than those authorized;
| 15 | | 7. When the Secretary of State determines that an owner | 16 | | of a for-hire
motor vehicle has failed to give proof of | 17 | | financial responsibility as
required by this Act;
| 18 | | 8. When the Secretary determines that the vehicle is | 19 | | not subject to or
eligible for a registration;
| 20 | | 9. When the Secretary determines that the owner of a | 21 | | vehicle registered
under the mileage weight tax option | 22 | | fails to maintain the records specified
by law, or fails to | 23 | | file the reports required by law, or that such vehicle
is | 24 | | not equipped with an operable and operating speedometer or | 25 | | odometer;
| 26 | | 10. When the Secretary of State is so authorized under |
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| 1 | | any other
provision of law;
| 2 | | 11. When the Secretary of State determines that the | 3 | | holder of a disability parking decal or device has | 4 | | committed any offense under Chapter 11
of this Code | 5 | | involving the use of a disability parking decal
or device ; .
| 6 | | 12. When the Secretary of State determines that the | 7 | | vehicle was used in a violation of subsections (a)(3), | 8 | | (a)(4), (a)(7), or (a)(9) of Section 24-1 of the Criminal | 9 | | Code of 1961 relating to the unlawful use of weapons; | 10 | | 13. When the Secretary of State determines that the | 11 | | vehicle was used in violation of Section 24-1.2 or 24-1.5 | 12 | | of the Criminal Code of 1961 relating to the unlawful | 13 | | discharge of a firearm; | 14 | | 14. When the Secretary of State determines that the | 15 | | vehicle was used in the commission of any felony under the | 16 | | law of any state or the federal government in which a | 17 | | firearm was used. | 18 | | (a-5) The Secretary of State may revoke a certificate of | 19 | | title and registration card and issue a corrected certificate | 20 | | of title and registration card, at no fee to the vehicle owner | 21 | | or lienholder, if there is proof that the vehicle | 22 | | identification number is erroneously shown on the original | 23 | | certificate of title.
| 24 | | (b) The Secretary of State may suspend or revoke the | 25 | | registration of a
vehicle as follows:
| 26 | | 1. When the Secretary of State determines that the |
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| 1 | | owner of a vehicle has
not paid a civil penalty or a | 2 | | settlement agreement arising from the
violation of rules | 3 | | adopted under the Illinois Motor Carrier Safety Law or the
| 4 | | Illinois Hazardous Materials Transportation Act or that a | 5 | | vehicle, regardless
of ownership, was the subject of | 6 | | violations of these rules that resulted in a
civil penalty | 7 | | or settlement agreement which remains unpaid.
| 8 | | 2. When the Secretary of State determines that a | 9 | | vehicle registered for a
gross weight of more than 16,000 | 10 | | pounds within an affected area is not in
compliance with | 11 | | the provisions of Section 13-109.1 of the Illinois Vehicle
| 12 | | Code. | 13 | | 3. When the Secretary of State is notified by the | 14 | | United States Department of Transportation that a vehicle | 15 | | is in violation of the Federal Motor Carrier Safety | 16 | | Regulations, as they are now or hereafter amended, and is | 17 | | prohibited from operating.
| 18 | | (Source: P.A. 94-239, eff. 1-1-06; 94-619, eff. 1-1-06; 94-759, | 19 | | eff. 5-12-06; 95-287, eff. 1-1-08.)
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