97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5384

 

Introduced 2/15/2012, by Rep. Richard Morthland

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/3-415  from Ch. 95 1/2, par. 3-415
625 ILCS 5/7-601  from Ch. 95 1/2, par. 7-601

    Amends the Illinois Vehicle Code. Provides that the Secretary of State may not register or renew the registration of any vehicle that is subject to liability insurance requirements without first verifying that the vehicle is covered by liability insurance in amounts no less than the statutory minimums.


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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 3-415 and 7-601 as follows:
 
6    (625 ILCS 5/3-415)  (from Ch. 95 1/2, par. 3-415)
7    Sec. 3-415. Application for and renewal of registration.
8    (a) Calendar year. Application for renewal of a vehicle
9registration shall be made by the owner, as to those vehicles
10required to be registered on a calendar registration year, not
11later than December 1 of each year, upon proper application and
12by payment of the registration fee and tax for such vehicle, as
13provided by law except that application for renewal of a
14vehicle registration, as to those vehicles required to be
15registered on a staggered calendar year basis, shall be made by
16the owner in the form and manner prescribed by the Secretary of
17State.
18    (b) Fiscal year. Application for renewal of a vehicle
19registration shall be made by the owner, as to those vehicles
20required to be registered on a fiscal registration year, not
21later than June 1 of each year, upon proper application and by
22payment of the registration fee and tax for such vehicle as
23provided by law, except that application for renewal of a

 

 

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1vehicle registration, as to those vehicles required to be
2registered on a staggered fiscal year basis, shall be made by
3the owner in the form and manner prescribed by the Secretary of
4State.
5    (c) Two calendar years. Application for renewal of a
6vehicle registration shall be made by the owner, as to those
7vehicles required to be registered for 2 calendar years, not
8later than December 1 of the year preceding commencement of the
92-year registration period, except that application for
10renewal of a vehicle registration, as to those vehicles
11required to be registered for 2 years on a staggered
12registration basis, shall be made by the owner in the form and
13manner prescribed by the Secretary of State.
14    (d) Two fiscal years. Application for renewal of a vehicle
15registration shall be made by the owner, as to those vehicles
16required to be registered for 2 fiscal years, not later than
17June 1 immediately preceding commencement of the 2-year
18registration period, except that application for renewal of a
19vehicle registration, as to those vehicles required to be
20registered for 2 fiscal years on a staggered registration
21basis, shall be made by the owner in the form and manner
22prescribed by the Secretary of State.
23    (d-5) Three calendar years. Application for renewal of a
24vehicle registration shall be made by the owner, as to those
25vehicles required to be registered for 3 calendar years, not
26later than December 1 of the year preceding commencement of the

 

 

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13-year registration period.
2    (e) Time of application. The Secretary of State may receive
3applications for renewal of registration and grant the same and
4issue new registration cards and plates or registration
5stickers at any time prior to expiration of registration. No
6person shall display upon a vehicle, the new registration
7plates or registration stickers prior to the dates the
8Secretary of State in his discretion may select.
9    (f) Verification. The Secretary of State may further
10require, as to vehicles for-hire, that applications be
11accompanied by verification that fees due under the Illinois
12Motor Carrier of Property Law, as amended, have been paid.
13    (g) Applications for registration renewal shall include
14information relating to the insurance policy for the motor
15vehicle, including the name of the insurer that issued the
16policy, the policy number, and the expiration date of the
17policy. The Secretary of State may not register or renew the
18registration of any vehicle that is subject to the requirements
19of subsection (a) of Section 7-601 of this Code without first
20verifying that the vehicle is insured in conformity with the
21requirements of that subsection.
22(Source: P.A. 96-747, eff. 1-1-10.)
 
23    (625 ILCS 5/7-601)  (from Ch. 95 1/2, par. 7-601)
24    Sec. 7-601. Required liability insurance policy.
25    (a) No person shall operate, register or maintain

 

 

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1registration of, and no owner shall permit another person to
2operate, register or maintain registration of, a motor vehicle
3designed to be used on a public highway unless the motor
4vehicle is covered by a liability insurance policy.
5    The insurance policy shall be issued in amounts no less
6than the minimum amounts set for bodily injury or death and for
7destruction of property under Section 7-203 of this Code, and
8shall be issued in accordance with the requirements of Sections
9143a and 143a-2 of the Illinois Insurance Code, as amended. No
10insurer other than an insurer authorized to do business in this
11State shall issue a policy pursuant to this Section for any
12vehicle subject to registration under this Code. Nothing herein
13shall deprive an insurer of any policy defense available at
14common law.
15    (b) The following vehicles are exempt from the requirements
16of this Section:
17        (1) vehicles subject to the provisions of Chapters 8 or
18    18a, Article III or Section 7-609 of Chapter 7, or Sections
19    12-606 or 12-707.01 of Chapter 12 of this Code;
20        (2) vehicles required to file proof of liability
21    insurance with the Illinois Commerce Commission;
22        (3) vehicles covered by a certificate of
23    self-insurance under Section 7-502 of this Code;
24        (4) vehicles owned by the United States, the State of
25    Illinois, or any political subdivision, municipality or
26    local mass transit district;

 

 

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1        (5) implements of husbandry;
2        (6) other vehicles complying with laws which require
3    them to be insured in amounts meeting or exceeding the
4    minimum amounts required under this Section; and
5        (7) inoperable or stored vehicles that are not
6    operated, as defined by rules and regulations of the
7    Secretary.
8    (c) Every employee of a State agency, as that term is
9defined in the Illinois State Auditing Act, who is assigned a
10specific vehicle owned or leased by the State on an ongoing
11basis shall provide the certification described in this Section
12annually to the director or chief executive officer of his or
13her agency.
14    The certification shall affirm that the employee is duly
15licensed to drive the assigned vehicle and that (i) the
16employee has liability insurance coverage extending to the
17employee when the assigned vehicle is used for other than
18official State business, or (ii) the employee has filed a bond
19with the Secretary of State as proof of financial
20responsibility, in an amount equal to, or in excess of the
21requirements stated within this Section. Upon request of the
22agency director or chief executive officer, the employee shall
23present evidence to support the certification.
24    The certification shall be provided during the period July
251 through July 31 of each calendar year, or within 30 days of
26any new assignment of a vehicle on an ongoing basis, whichever

 

 

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1is later.
2    The employee's authorization to use the assigned vehicle
3shall automatically be rescinded upon:
4        (1) the revocation or suspension of the license
5    required to drive the assigned vehicle;
6        (2) the cancellation or termination for any reason of
7    the automobile liability insurance coverage as required in
8    item (c) (i); or
9        (3) the termination of the bond filed with the
10    Secretary of State.
11    All State employees providing the required certification
12shall immediately notify the agency director or chief executive
13officer in the event any of these actions occur.
14    All peace officers employed by a State agency who are
15primarily responsible for prevention and detection of crime and
16the enforcement of the criminal, traffic, or highway laws of
17this State, and prohibited by agency rule or policy to use an
18assigned vehicle owned or leased by the State for regular
19personal or off-duty use, are exempt from the requirements of
20this Section.
21    (d) The Secretary of State may not register or renew the
22registration of any vehicle that is subject to the requirements
23of subsection (a) of this Section without first verifying that
24the vehicle is insured in conformity with the requirements of
25that subsection.
26(Source: P.A. 91-661, eff. 12-22-99.)