103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3311

 

Introduced 2/17/2023, by Rep. Joe C. Sosnowski

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/3-405  from Ch. 95 1/2, par. 3-405

    Amends the Illinois Vehicle Code. Requires every applicant for the registration of a motor vehicle to present, at the time of submission of an application for registration, a valid driver's license.


LRB103 27632 MXP 54008 b

 

 

A BILL FOR

 

HB3311LRB103 27632 MXP 54008 b

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
5changing Section 3-405 as follows:
 
6    (625 ILCS 5/3-405)  (from Ch. 95 1/2, par. 3-405)
7    (Text of Section before amendment by P.A. 102-1069)
8    Sec. 3-405. Application for registration.
9    (a) Every owner of a vehicle subject to registration under
10this Code shall make application to the Secretary of State for
11the registration of such vehicle upon the appropriate form or
12forms furnished by the Secretary. Every such application shall
13bear the signature of the owner written with pen and ink and
14contain:
15        1. The name, domicile address, as defined in Section
16    1-115.5 of this Code, (except as otherwise provided in
17    this paragraph 1), mail address of the owner or business
18    address of the owner if a firm, association, or
19    corporation, and, if available, email address of the
20    owner. If the mailing address is a post office box number,
21    the address listed on the driver license record may be
22    used to verify residence. A police officer, a deputy
23    sheriff, an elected sheriff, a law enforcement officer for

 

 

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1    the Illinois State Police, a fire investigator, a state's
2    attorney, an assistant state's attorney, a state's
3    attorney special investigator, or a judicial officer may
4    elect to furnish the address of the headquarters of the
5    governmental entity, police district, or business address
6    where he or she works instead of his or her domicile
7    address, in which case that address shall be deemed to be
8    his or her domicile address for all purposes under this
9    Chapter 3. The spouse and children of a person who may
10    elect under this paragraph 1 to furnish the address of the
11    headquarters of the government entity, police district, or
12    business address where the person works instead of the
13    person's domicile address may, if they reside with that
14    person, also elect to furnish the address of the
15    headquarters of the government entity, police district, or
16    business address where the person works as their domicile
17    address, in which case that address shall be deemed to be
18    their domicile address for all purposes under this Chapter
19    3. In this paragraph 1: (A) "police officer" has the
20    meaning ascribed to "policeman" in Section 10-3-1 of the
21    Illinois Municipal Code; (B) "deputy sheriff" means a
22    deputy sheriff appointed under Section 3-6008 of the
23    Counties Code; (C) "elected sheriff" means a sheriff
24    commissioned pursuant to Section 3-6001 of the Counties
25    Code; (D) "fire investigator" means a person classified as
26    a peace officer under the Peace Officer Fire Investigation

 

 

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1    Act; (E) "state's attorney", "assistant state's attorney",
2    and "state's attorney special investigator" mean a state's
3    attorney, assistant state's attorney, and state's attorney
4    special investigator commissioned or appointed under
5    Division 3-9 of the Counties Code; and (F) "judicial
6    officer" has the meaning ascribed to it in Section 1-10 of
7    the Judicial Privacy Act.
8        2. A description of the vehicle, including such
9    information as is required in an application for a
10    certificate of title, determined under such standard
11    rating as may be prescribed by the Secretary.
12        3. (Blank).
13        4. Such further information as may reasonably be
14    required by the Secretary to enable him to determine
15    whether the vehicle is lawfully entitled to registration
16    and the owner entitled to a certificate of title.
17        5. An affirmation by the applicant that all
18    information set forth is true and correct. If the
19    application is for the registration of a motor vehicle,
20    the applicant also shall affirm that the motor vehicle is
21    insured as required by this Code, that such insurance will
22    be maintained throughout the period for which the motor
23    vehicle shall be registered, and that neither the owner,
24    nor any person operating the motor vehicle with the
25    owner's permission, shall operate the motor vehicle unless
26    the required insurance is in effect. If the person signing

 

 

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1    the affirmation is not the sole owner of the vehicle, such
2    person shall be deemed to have affirmed on behalf of all
3    the owners of the vehicle. If the person signing the
4    affirmation is not an owner of the vehicle, such person
5    shall be deemed to have affirmed on behalf of the owner or
6    owners of the vehicle. The lack of signature on the
7    application shall not in any manner exempt the owner or
8    owners from any provisions, requirements or penalties of
9    this Code.
10    (b) When such application refers to a new vehicle
11purchased from a dealer the application shall be accompanied
12by a Manufacturer's Statement of Origin from the dealer, and a
13statement showing any lien retained by the dealer.
14(Source: P.A. 102-538, eff. 8-20-21.)
 
15    (Text of Section after amendment by P.A. 102-1069)
16    Sec. 3-405. Application for registration.
17    (a) Every owner of a vehicle subject to registration under
18this Code shall make application to the Secretary of State for
19the registration of such vehicle upon the appropriate form or
20forms furnished by the Secretary. Every such original
21application shall bear the signature of the owner written with
22pen and ink and contain:
23        1. The name, domicile address, as defined in Section
24    1-115.5 of this Code, (except as otherwise provided in
25    this paragraph 1), mail address of the owner or business

 

 

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1    address of the owner if a firm, association, or
2    corporation, and, if available, email address of the
3    owner. If the mailing address is a post office box number,
4    the address listed on the driver license record may be
5    used to verify residence. A police officer, a deputy
6    sheriff, an elected sheriff, a law enforcement officer for
7    the Illinois State Police, a fire investigator, a state's
8    attorney, an assistant state's attorney, a state's
9    attorney special investigator, or a judicial officer may
10    elect to furnish the address of the headquarters of the
11    governmental entity, police district, or business address
12    where he or she works instead of his or her domicile
13    address, in which case that address shall be deemed to be
14    his or her domicile address for all purposes under this
15    Chapter 3. The spouse and children of a person who may
16    elect under this paragraph 1 to furnish the address of the
17    headquarters of the government entity, police district, or
18    business address where the person works instead of the
19    person's domicile address may, if they reside with that
20    person, also elect to furnish the address of the
21    headquarters of the government entity, police district, or
22    business address where the person works as their domicile
23    address, in which case that address shall be deemed to be
24    their domicile address for all purposes under this Chapter
25    3. In this paragraph 1: (A) "police officer" has the
26    meaning ascribed to "policeman" in Section 10-3-1 of the

 

 

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1    Illinois Municipal Code; (B) "deputy sheriff" means a
2    deputy sheriff appointed under Section 3-6008 of the
3    Counties Code; (C) "elected sheriff" means a sheriff
4    commissioned pursuant to Section 3-6001 of the Counties
5    Code; (D) "fire investigator" means a person classified as
6    a peace officer under the Peace Officer Fire Investigation
7    Act; (E) "state's attorney", "assistant state's attorney",
8    and "state's attorney special investigator" mean a state's
9    attorney, assistant state's attorney, and state's attorney
10    special investigator commissioned or appointed under
11    Division 3-9 of the Counties Code; and (F) "judicial
12    officer" has the meaning ascribed to it in Section 1-10 of
13    the Judicial Privacy Act.
14        2. A description of the vehicle, including such
15    information as is required in an application for a
16    certificate of title, determined under such standard
17    rating as may be prescribed by the Secretary.
18        3. (Blank).
19        3.5. A space for a voluntary disclosure of a condition
20    that impedes effective communication under Section
21    3-405.5.
22        4. Such further information as may reasonably be
23    required by the Secretary to enable him to determine
24    whether the vehicle is lawfully entitled to registration
25    and the owner entitled to a certificate of title.
26        5. An affirmation by the applicant that all

 

 

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1    information set forth is true and correct. If the
2    application is for the registration of a motor vehicle,
3    the applicant also shall affirm that the motor vehicle is
4    insured as required by this Code, that such insurance will
5    be maintained throughout the period for which the motor
6    vehicle shall be registered, and that neither the owner,
7    nor any person operating the motor vehicle with the
8    owner's permission, shall operate the motor vehicle unless
9    the required insurance is in effect. If the person signing
10    the affirmation is not the sole owner of the vehicle, such
11    person shall be deemed to have affirmed on behalf of all
12    the owners of the vehicle. If the person signing the
13    affirmation is not an owner of the vehicle, such person
14    shall be deemed to have affirmed on behalf of the owner or
15    owners of the vehicle. The lack of signature on the
16    application shall not in any manner exempt the owner or
17    owners from any provisions, requirements or penalties of
18    this Code.
19    Every applicant for the registration of a motor vehicle
20must present, at the time of submission of an application for
21registration, a valid driver's license.
22    (b) When such application refers to a new vehicle
23purchased from a dealer the application shall be accompanied
24by a Manufacturer's Statement of Origin from the dealer, and a
25statement showing any lien retained by the dealer.
26(Source: P.A. 102-538, eff. 8-20-21; 102-1069, eff. 7-1-23.)
 

 

 

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1    Section 95. No acceleration or delay. Where this Act makes
2changes in a statute that is represented in this Act by text
3that is not yet or no longer in effect (for example, a Section
4represented by multiple versions), the use of that text does
5not accelerate or delay the taking effect of (i) the changes
6made by this Act or (ii) provisions derived from any other
7Public Act.