SB3603 102ND GENERAL ASSEMBLY

LRB102 23740 RAM 32929 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3603

Introduced 1/19/2022, by Sen. Craig Wilcox

SYNOPSIS AS INTRODUCED:

625 ILCS 5/3-704

from Ch. 95 1/2, par. 3-704

Amends the Illinois Vehicle Code. Provides that the Secretary of State shall suspend or revoke a General Assembly license plate when such a plate is knowingly displayed on a vehicle other than the vehicle to which the registration plate is issued. Effective immediately.

A BILL FOR

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 or digital registration sticker, registration plate or digital 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 or digital plate, registration sticker or digital 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 or digital registration plate, registration sticker or digital 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 or digital plate, registration sticker or digital 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 this 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 or the Criminal Code of 2012 relating to gunrunning. A suspension of registration under this subsection (c) may be for a period of up to 90 days.

(d) The Secretary shall deny, suspend, or revoke registration if the applicant fails to disclose material information required, if the applicant has made a materially false statement on the application, if the applicant has applied as a subterfuge for the real party in interest who has been issued a federal out-of-service order, or if the applicant's business is operated by, managed by, or otherwise controlled by or affiliated with a person who is ineligible for registration, including the applicant entity, a relative, family member, corporate officer, or shareholder. The Secretary shall deny, suspend, or revoke registration for either (i) a vehicle if the motor carrier responsible for the safety of the vehicle has been prohibited from operating by the Federal Motor Carrier Safety Administration; or (ii) a carrier whose business is operated by, managed by, or otherwise controlled by or affiliated with a person who is ineligible for registration, which may include the owner, a relative, family member, corporate officer, or shareholder of the carrier.

(e) The Secretary of State shall suspend or revoke a General Assembly license plate if such a plate is knowingly displayed on a vehicle other than the vehicle to which the registration plate is issued.

(Source: P.A. 101-185, eff. 1-1-20; 101-395, eff. 8-16-19; 102-558, eff. 8-20-21.)

Section 99. Effective date. This Act takes effect upon becoming law.