Full Text of SB3603 102nd General Assembly
SB3603 102ND GENERAL ASSEMBLY |
| | 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 |
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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.
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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 | 5 | | changing 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 or digital | 13 | | registration sticker,
registration plate or digital | 14 | | registration plate, disability parking decal or device,
or any | 15 | | nonresident or other permit in any of the following events:
| 16 | | 1. When the Secretary of State is satisfied that such | 17 | | registration or
that such certificate, card, plate or | 18 | | digital plate, registration sticker or digital | 19 | | registration sticker, or permit was
fraudulently or
| 20 | | erroneously issued;
| 21 | | 2. When a registered vehicle has been dismantled or | 22 | | wrecked or is not
properly equipped;
| 23 | | 3. When the Secretary of State determines that any |
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| 1 | | required fees have
not been paid to the Secretary of | 2 | | State, to the Illinois Commerce
Commission, or to the | 3 | | Illinois Department of Revenue under the Motor Fuel Tax | 4 | | Law, and the same are not paid upon reasonable notice and | 5 | | demand;
| 6 | | 4. When a registration card, registration plate or | 7 | | digital registration plate, registration sticker or | 8 | | digital registration sticker,
or permit is knowingly
| 9 | | displayed upon a vehicle other than the one for which | 10 | | issued;
| 11 | | 5. When the Secretary of State determines that the | 12 | | owner has committed
any offense under this Chapter | 13 | | involving the registration or the
certificate, card, plate | 14 | | or digital plate, registration sticker or digital | 15 | | registration sticker, or permit to be suspended or
| 16 | | revoked;
| 17 | | 6. When the Secretary of State determines that a | 18 | | vehicle registered
not-for-hire is used or operated | 19 | | for-hire unlawfully, or used or operated
for purposes | 20 | | other than those authorized;
| 21 | | 7. When the Secretary of State determines that an | 22 | | owner of a for-hire
motor vehicle has failed to give proof | 23 | | of financial responsibility as
required by this Act;
| 24 | | 8. When the Secretary determines that the vehicle is | 25 | | not subject to or
eligible for a registration;
| 26 | | 9. When the Secretary determines that the owner of a |
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| 1 | | vehicle registered
under the mileage weight tax option | 2 | | fails to maintain the records specified
by law, or fails | 3 | | to file the reports required by law, or that such vehicle
| 4 | | is not equipped with an operable and operating speedometer | 5 | | or odometer;
| 6 | | 10. When the Secretary of State is so authorized under | 7 | | any other
provision of law;
| 8 | | 11. When the Secretary of State determines that the | 9 | | holder of a disability parking decal or device has | 10 | | committed any offense under Chapter 11
of this Code | 11 | | involving the use of a disability parking decal
or device.
| 12 | | (a-5) The Secretary of State may revoke a certificate of | 13 | | title and registration card and issue a corrected certificate | 14 | | of title and registration card, at no fee to the vehicle owner | 15 | | or lienholder, if there is proof that the vehicle | 16 | | identification number is erroneously shown on the original | 17 | | certificate of title.
| 18 | | (b) The Secretary of State may suspend or revoke the | 19 | | registration of a
vehicle as follows:
| 20 | | 1. When the Secretary of State determines that the | 21 | | owner of a vehicle has
not paid a civil penalty or a | 22 | | settlement agreement arising from the
violation of rules | 23 | | adopted under the Illinois Motor Carrier Safety Law or the
| 24 | | Illinois Hazardous Materials Transportation Act or that a | 25 | | vehicle, regardless
of ownership, was the subject of | 26 | | violations of these rules that resulted in a
civil penalty |
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| 1 | | or settlement agreement which remains unpaid.
| 2 | | 2. When the Secretary of State determines that a | 3 | | vehicle registered for a
gross weight of more than 16,000 | 4 | | pounds within an affected area is not in
compliance with | 5 | | the provisions of Section 13-109.1 of this
Code. | 6 | | 3. When the Secretary of State is notified by the | 7 | | United States Department of Transportation that a vehicle | 8 | | is in violation of the Federal Motor Carrier Safety | 9 | | Regulations, as they are now or hereafter amended, and is | 10 | | prohibited from operating. | 11 | | (c) The Secretary of State may suspend the registration of | 12 | | a
vehicle when a court finds that the vehicle was used in a | 13 | | violation of Section 24-3A of the Criminal Code of 1961 or the | 14 | | Criminal Code of 2012 relating to gunrunning. A suspension of | 15 | | registration under this subsection (c) may be for a period of | 16 | | up to 90 days.
| 17 | | (d) The Secretary shall deny, suspend, or revoke | 18 | | registration if the applicant fails to disclose material | 19 | | information required, if the applicant has made a materially | 20 | | false statement on the application, if the applicant has | 21 | | applied as a subterfuge for the real party in interest who has | 22 | | been issued a federal out-of-service order, or if the | 23 | | applicant's business is operated by, managed by, or otherwise | 24 | | controlled by or affiliated with a person who is ineligible | 25 | | for registration, including the applicant entity, a relative, | 26 | | family member, corporate officer, or shareholder. The |
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| 1 | | Secretary shall deny, suspend, or revoke registration for | 2 | | either (i) a vehicle if the motor carrier responsible for the | 3 | | safety of the vehicle has been prohibited from operating by | 4 | | the Federal Motor Carrier Safety Administration; or (ii) a | 5 | | carrier whose business is operated by, managed by, or | 6 | | otherwise controlled by or affiliated with a person who is | 7 | | ineligible for registration, which may include the owner, a | 8 | | relative, family member, corporate officer, or shareholder of | 9 | | the carrier. | 10 | | (e) The Secretary of State shall suspend or revoke a | 11 | | General Assembly license plate if such a plate is knowingly | 12 | | displayed on a vehicle other than the vehicle to which the | 13 | | registration plate is issued. | 14 | | (Source: P.A. 101-185, eff. 1-1-20; 101-395, eff. 8-16-19; | 15 | | 102-558, eff. 8-20-21.)
| 16 | | Section 99. Effective date. This Act takes effect upon | 17 | | becoming law.
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