Public Act 097-0540
 
SB2064 EnrolledLRB097 10157 HEP 50345 b


  
    AN ACT concerning transportation.
  
 
    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 3-704 as follows:
 



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


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

    (a) 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 in any of the following events:


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

    erroneously issued;


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


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


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


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

    revoked;


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


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


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


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


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


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

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

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


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

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


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

    Code.
        3. When the Secretary of State is notified by the 
    United States Department of Transportation that a vehicle 
    is in violation of the Federal Motor Carrier Safety 
    Regulations, as they are now or hereafter amended, and is 
    prohibited from operating.
    (c)  The Secretary of State may suspend the registration of 
a
vehicle when a court finds that the vehicle was used in a 
violation of Section 24-3A of the Criminal Code of 1961 
relating to gunrunning. A suspension of registration under this 
subsection (c) may be for a period of up to 90 days.

(Source: P.A. 94-239, eff. 1-1-06; 94-619, eff. 1-1-06; 94-759, 
eff. 5-12-06; 95-287, eff. 1-1-08.)



 
    Section 99. Effective date. This Act takes effect January 
1, 2012.