98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5846

 

Introduced , by Rep. Michael W. Tryon

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/7-604  from Ch. 95 1/2, par. 7-604

    Amends the Illinois Vehicle Code. Provides that if the Secretary of State sends requests for information regarding liability insurance coverage to the owners of motor vehicles, these requests must be sent by certified mail.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Section 7-604 as follows:
 
6    (625 ILCS 5/7-604)  (from Ch. 95 1/2, par. 7-604)
7    Sec. 7-604. Verification of liability insurance policy.
8    (a) The Secretary of State may select random samples of
9registrations of motor vehicles subject to Section 7-601 of
10this Code, or owners thereof, for the purpose of verifying
11whether or not the motor vehicles are insured.
12    In addition to such general random samples of motor vehicle
13registrations, the Secretary may select for verification other
14random samples, including, but not limited to registrations of
15motor vehicles owned by persons:
16        (1) whose motor vehicle registrations during the
17    preceding 4 years have been suspended pursuant to Section
18    7-606 or 7-607 of this Code;
19        (2) who during the preceding 4 years have been
20    convicted of violating Section 3-707, 3-708 or 3-710 of
21    this Code while operating vehicles owned by other persons;
22        (3) whose driving privileges have been suspended
23    during the preceding 4 years;

 

 

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1        (4) who during the preceding 4 years acquired ownership
2    of motor vehicles while the registrations of such vehicles
3    under the previous owners were suspended pursuant to
4    Section 7-606 or 7-607 of this Code; or
5        (5) who during the preceding 4 years have received a
6    disposition of supervision under subsection (c) of Section
7    5-6-1 of the Unified Code of Corrections for a violation of
8    Section 3-707, 3-708, or 3-710 of this Code.
9    (b) Upon receiving certification from the Department of
10Transportation under Section 7-201.2 of this Code of the name
11of an owner or operator of any motor vehicle involved in an
12accident, the Secretary may verify whether or not at the time
13of the accident such motor vehicle was covered by a liability
14insurance policy in accordance with Section 7-601 of this Code.
15    (c) In preparation for selection of random samples and
16their verification, the Secretary may send to owners of
17randomly selected motor vehicles, or to randomly selected motor
18vehicle owners, requests for information about their motor
19vehicles and liability insurance coverage. The request shall
20require the owner to state whether or not the motor vehicle was
21insured on the verification date stated in the Secretary's
22request and the request may require, but is not limited to, a
23statement by the owner of the names and addresses of insurers,
24policy numbers, and expiration dates of insurance coverage.
25These requests must be sent by certified mail.
26    (d) Within 30 days after the Secretary mails a request, the

 

 

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1owner to whom it is sent shall furnish the requested
2information to the Secretary above the owner's signed
3affirmation that such information is true and correct. Proof of
4insurance in effect on the verification date, as prescribed by
5the Secretary, may be considered by the Secretary to be a
6satisfactory response to the request for information.
7    Any owner whose response indicates that his or her vehicle
8was not covered by a liability insurance policy in accordance
9with Section 7-601 of this Code shall be deemed to have
10registered or maintained registration of a motor vehicle in
11violation of that Section. Any owner who fails to respond to
12such a request shall be deemed to have registered or maintained
13registration of a motor vehicle in violation of Section 7-601
14of this Code.
15    (e) If the owner responds to the request for information by
16asserting that his or her vehicle was covered by a liability
17insurance policy on the verification date stated in the
18Secretary's request, the Secretary may conduct a verification
19of the response by furnishing necessary information to the
20insurer named in the response. The insurer shall within 45 days
21inform the Secretary whether or not on the verification date
22stated the motor vehicle was insured by the insurer in
23accordance with Section 7-601 of this Code. The Secretary may
24by rule and regulation prescribe the procedures for
25verification.
26    (f) No random sample selected under this Section shall be

 

 

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1categorized on the basis of race, color, religion, sex,
2national origin, ancestry, age, marital status, physical or
3mental disability, economic status or geography.
4(Source: P.A. 92-458, eff. 8-22-01.)