HB4127ham002 93RD GENERAL ASSEMBLY

State Government Administration Committee

Adopted in House Comm. on Mar 04, 2004

09300HB4127ham002 LRB093 17652 DRH 48252 a

AMENDMENT TO HOUSE BILL 4127

AMENDMENT NO. ______. Amend House Bill 4127, AS AMENDED, with reference to page and line numbers of House Amendment No. 1, on page 1, below line 20, by inserting the following:

"(c) A person prohibited from purchasing a motor vehicle by this Section may seek an exception by filing a request for an exception with the Administrative Hearings Department of the Office of the Secretary of State. The Secretary may grant the exception upon a showing (i) that the person's name must appear on the title and registration of a motor vehicle for financing purposes and (ii) that the motor vehicle is to be used as a primary means of transportation by another person. The Secretary shall adopt rules for implementing this subsection (c)"; and

on page 6, by replacing lines 20 through 31 with the following:

"(625 ILCS 5/5-106.1 new)

Sec. 5-106.1. Sales to certain offenders prohibited. (a) A new or used motor vehicle dealer may not sell a motor vehicle to any individual whose driving privileges are suspended or revoked as a result of a conviction for violating Section 9-3 of the Criminal Code of 1961 relating to the offense of reckless homicide, or a conviction for violating Section 11-501 of this Code or a similar provision of a local ordinance, or suspended in accordance with a statutory summary suspension as authorized by Section 11-501.1 of this Code, unless the individual has been issued a driving permit as authorized by this Code that is in effect at the time of the purchase.

(b) The sale of a motor vehicle to a person whose driving privileges are suspended or revoked as described in subsection (a) is not a violation of this Section if (i) the new or used motor vehicle dealer attempts to ascertain the status of the purchaser's driving privileges through the means established by the Secretary of State and is unable to do so because the information is unavailable due to a failure of the communication system established by the Secretary of State or (ii) the information received from the Secretary of State is erroneous.".