HB5692 EnrolledLRB098 18851 MLW 53996 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 1. Short title. This Act may be referred to as the
5Uninsured Motorist Verification Advisory Committee Act.
 
6    Section 5. Uninsured Motorist Verification Advisory
7Committee.
8    (a) The Secretary shall establish and appoint an Uninsured
9Motorist Verification Advisory Committee consisting of
10representatives of the Department of Insurance, insurance
11companies authorized to sell motor vehicle liability insurance
12policies in this State, insurance producers, and other
13interested parties as designated by the Secretary, to assist in
14the design and implementation of a program for the electronic
15verification of motor vehicle liability insurance for motor
16vehicles that are subject to Section 7-601 of the Illinois
17Vehicle Code.
18    (b) The Uninsured Motorist Verification Advisory Committee
19shall report to the General Assembly, on or before January 31,
202015, with recommendations for the design and funding of a
21program for the electronic verification of motor vehicle
22liability insurance policies issued and in effect in the State
23and legislation to implement the program that includes at a

 

 

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1minimum the elements in subsection (d) of this Section.
2    (c) Based on the recommendations of the Uninsured Motorist
3Verification Advisory Committee, the Secretary shall adopt
4rules to implement a program for the electronic verification of
5motor vehicle liability insurance by January 1, 2016 if and
6only if appropriations are made funding the electronic
7verification database as recommended by the Uninsured Motorist
8Advisory Committee.
9    (d) The electronic motor vehicle liability insurance
10verification program shall have the following elements:
11        (1) a requirement that insurance companies authorized
12    to sell motor vehicle liability insurance in the State make
13    available, in a format designated by the Secretary, the
14    following information for each motor vehicle liability
15    insurance policy issued by the company:
16            (A) the name of policy holder;
17            (B) the make, model, year and vehicle
18        identification number of the covered vehicle;
19            (C) the policy number;
20            (D) the effective date of the policy; and
21            (E) the company's National Association of
22        Insurance Commissioners number;
23        (2) a method of searching for motor vehicle liability
24    insurance policies issued and in effect in the State by the
25    keys indicated in paragraph (1) of this subsection;
26        (3) a requirement that the Secretary verify the

 

 

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1    existence of a liability insurance policy as required by
2    Section 7-601 of the Illinois Vehicle Code for every motor
3    vehicle registered in the Secretary's office at least once
4    every 12 months;
5        (4) a provision that if the Secretary is unable to
6    verify the existence of a liability insurance policy, then
7    the vehicle owner shall be sent a written notice giving the
8    owner 30 calendar days to provide evidence that the vehicle
9    was insured on the date of the attempted verification of
10    insurance, or evidence that the vehicle is no longer
11    operable;
12        (5) a provision that any vehicle owner who fails to
13    respond, or whose response indicates that his or her
14    operable vehicle was not covered by a liability insurance
15    policy in accordance with Section 7-601 of the Illinois
16    Vehicle Code, shall be deemed to have registered or
17    maintained registration of a motor vehicle in violation of
18    that Section, and the Secretary shall suspend the
19    registration of the vehicle; the vehicle owner shall be
20    required to pay a reinstatement fee of $100 and provide
21    proof of current insurance before the registration may be
22    reinstated under Section 7-606 of the Illinois Vehicle
23    Code; and
24        (6) a provision that if the owner responds to the
25    request for information by asserting that his or her
26    vehicle was covered by a liability insurance policy on the

 

 

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1    date of verification stated in the Secretary's request,
2    then the Secretary may conduct a verification of the
3    response by furnishing the necessary information to the
4    insurer named in the response; the insurer shall within 7
5    calendar days inform the Secretary whether or not on the
6    date of verification the motor vehicle was insured by the
7    insurer in accordance with Section 7-601 of the Illinois
8    Vehicle Code; if the insurer does not confirm insurance was
9    in effect on the verification date, then the Secretary
10    shall suspend the owner's registration of the vehicle; the
11    vehicle owner shall be required to pay a reinstatement fee
12    of $100 and provide proof of current insurance before the
13    registration may be reinstated under Section 7-606 of the
14    Illinois Vehicle Code.
15    (e) In addition to the annual verification of liability
16insurance the Secretary may select for verification other
17vehicles, including, but not limited to, motor vehicles owned
18or registered by persons:
19        (1) whose motor vehicle registrations during the
20    preceding 4 years have been suspended under Section 7-606
21    or 7-607 of the Illinois Vehicle Code;
22        (2) who during the preceding 4 years have been
23    convicted of violating Section 3-707, 3-708, or 3-710 of
24    the Illinois Vehicle Code while operating vehicles owned by
25    other persons;
26        (3) whose driving privileges have been suspended

 

 

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1    during the preceding 4 years;
2        (4) who during the preceding 4 years acquired ownership
3    of motor vehicles while the registrations of those vehicles
4    under the previous owners were suspended under Section
5    7-606 or 7-607 of the Illinois Vehicle Code; or
6        (5) who during the preceding 4 years have received a
7    disposition of supervision under subsection (c) of Section
8    5-6-1 of the Unified Code of Corrections for a violation of
9    Section 3-707, 3-708, or 3-710 of the Illinois Vehicle
10    Code.
11    (f) The Secretary shall not have regulatory authority over
12insurance companies. Regulatory authority over insurance
13companies shall remain with the Department of Insurance.
 
14    Section 10. Expiration. This Act is repealed on July 1,
152016.
 
16    Section 900. The Illinois Vehicle Code is amended by
17changing Sections 3-405, 3-415, and 7-604 as follows:
 
18    (625 ILCS 5/3-405)  (from Ch. 95 1/2, par. 3-405)
19    Sec. 3-405. Application for registration.
20    (a) Every owner of a vehicle subject to registration under
21this Code shall make application to the Secretary of State for
22the registration of such vehicle upon the appropriate form or
23forms furnished by the Secretary. Every such application shall

 

 

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1bear the signature of the owner written with pen and ink and
2contain:
3        1. The name, domicile address, as defined in Section
4    1-115.5 of this Code, (except as otherwise provided in this
5    paragraph 1) and mail address of the owner or business
6    address of the owner if a firm, association or corporation.
7    If the mailing address is a post office box number, the
8    address listed on the driver license record may be used to
9    verify residence. A police officer, a deputy sheriff, an
10    elected sheriff, a law enforcement officer for the
11    Department of State Police, a fire investigator, a state's
12    attorney, an assistant state's attorney, a state's
13    attorney special investigator, or a judicial officer may
14    elect to furnish the address of the headquarters of the
15    governmental entity, police district, or business address
16    where he or she works instead of his or her domicile
17    address, in which case that address shall be deemed to be
18    his or her domicile address for all purposes under this
19    Chapter 3. The spouse and children of a person who may
20    elect under this paragraph 1 to furnish the address of the
21    headquarters of the government entity, police district, or
22    business address where the person works instead of the
23    person's domicile address may, if they reside with that
24    person, also elect to furnish the address of the
25    headquarters of the government entity, police district, or
26    business address where the person works as their domicile

 

 

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1    address, in which case that address shall be deemed to be
2    their domicile address for all purposes under this Chapter
3    3. In this paragraph 1: (A) "police officer" has the
4    meaning ascribed to "policeman" in Section 10-3-1 of the
5    Illinois Municipal Code; (B) "deputy sheriff" means a
6    deputy sheriff appointed under Section 3-6008 of the
7    Counties Code; (C) "elected sheriff" means a sheriff
8    commissioned pursuant to Section 3-6001 of the Counties
9    Code; (D) "fire investigator" means a person classified as
10    a peace officer under the Peace Officer Fire Investigation
11    Act; (E) "state's attorney", "assistant state's attorney",
12    and "state's attorney special investigator" mean a state's
13    attorney, assistant state's attorney, and state's attorney
14    special investigator commissioned or appointed under
15    Division 3-9 of the Counties Code; and (F) "judicial
16    officer" has the meaning ascribed to it in Section 1-10 of
17    the Judicial Privacy Act.
18        2. A description of the vehicle, including such
19    information as is required in an application for a
20    certificate of title, determined under such standard
21    rating as may be prescribed by the Secretary.
22        3. (Blank). Information relating to the insurance
23    policy for the motor vehicle, including the name of the
24    insurer which issued the policy, the policy number, and the
25    expiration date of the policy. Beginning with the 2016
26    registration year, registration shall not be issued to

 

 

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1    persons that submit an application that does not contain
2    this information.
3        4. Such further information as may reasonably be
4    required by the Secretary to enable him to determine
5    whether the vehicle is lawfully entitled to registration
6    and the owner entitled to a certificate of title.
7        5. An affirmation by the applicant that all information
8    set forth is true and correct. If the application is for
9    the registration of a motor vehicle, the applicant also
10    shall affirm that the motor vehicle is insured as required
11    by this Code, that such insurance will be maintained
12    throughout the period for which the motor vehicle shall be
13    registered, and that neither the owner, nor any person
14    operating the motor vehicle with the owner's permission,
15    shall operate the motor vehicle unless the required
16    insurance is in effect. If the person signing the
17    affirmation is not the sole owner of the vehicle, such
18    person shall be deemed to have affirmed on behalf of all
19    the owners of the vehicle. If the person signing the
20    affirmation is not an owner of the vehicle, such person
21    shall be deemed to have affirmed on behalf of the owner or
22    owners of the vehicle. The lack of signature on the
23    application shall not in any manner exempt the owner or
24    owners from any provisions, requirements or penalties of
25    this Code. Beginning with the 2016 registration year, any
26    person that knowingly submits false insurance information

 

 

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1    shall be guilty of a Class C misdemeanor.
2    (b) When such application refers to a new vehicle purchased
3from a dealer the application shall be accompanied by a
4Manufacturer's Statement of Origin from the dealer, and a
5statement showing any lien retained by the dealer.
6(Source: P.A. 97-847, eff. 1-1-13; 98-539, eff. 1-1-14.)
 
7    (625 ILCS 5/3-415)  (from Ch. 95 1/2, par. 3-415)
8    Sec. 3-415. Application for and renewal of registration.
9    (a) Calendar year. Application for renewal of a vehicle
10registration shall be made by the owner, as to those vehicles
11required to be registered on a calendar registration year, not
12later than December 1 of each year, upon proper application and
13by payment of the registration fee and tax for such vehicle, as
14provided by law except that application for renewal of a
15vehicle registration, as to those vehicles required to be
16registered on a staggered calendar year basis, shall be made by
17the owner in the form and manner prescribed by the Secretary of
18State.
19    (b) Fiscal year. Application for renewal of a vehicle
20registration shall be made by the owner, as to those vehicles
21required to be registered on a fiscal registration year, not
22later than June 1 of each year, upon proper application and by
23payment of the registration fee and tax for such vehicle as
24provided by law, except that application for renewal of a
25vehicle registration, as to those vehicles required to be

 

 

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1registered on a staggered fiscal year basis, shall be made by
2the owner in the form and manner prescribed by the Secretary of
3State.
4    (c) Two calendar years. Application for renewal of a
5vehicle registration shall be made by the owner, as to those
6vehicles required to be registered for 2 calendar years, not
7later than December 1 of the year preceding commencement of the
82-year registration period, except that application for
9renewal of a vehicle registration, as to those vehicles
10required to be registered for 2 years on a staggered
11registration basis, shall be made by the owner in the form and
12manner prescribed by the Secretary of State.
13    (d) Two fiscal years. Application for renewal of a vehicle
14registration shall be made by the owner, as to those vehicles
15required to be registered for 2 fiscal years, not later than
16June 1 immediately preceding commencement of the 2-year
17registration period, except that application for renewal of a
18vehicle registration, as to those vehicles required to be
19registered for 2 fiscal years on a staggered registration
20basis, shall be made by the owner in the form and manner
21prescribed by the Secretary of State.
22    (d-5) Three calendar years. Application for renewal of a
23vehicle registration shall be made by the owner, as to those
24vehicles required to be registered for 3 calendar years, not
25later than December 1 of the year preceding commencement of the
263-year registration period.

 

 

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1    (e) Time of application. The Secretary of State may receive
2applications for renewal of registration and grant the same and
3issue new registration cards and plates or registration
4stickers at any time prior to expiration of registration. No
5person shall display upon a vehicle, the new registration
6plates or registration stickers prior to the dates the
7Secretary of State in his discretion may select.
8    (f) Verification. The Secretary of State may further
9require, as to vehicles for-hire, that applications be
10accompanied by verification that fees due under the Illinois
11Motor Carrier of Property Law, as amended, have been paid.
12    (g) (Blank). Applications for registration renewal shall
13include information relating to the insurance policy for the
14motor vehicle, including the name of the insurer that issued
15the policy, the policy number, and the expiration date of the
16policy. Registration shall not be renewed for persons that
17submit an application that does not contain this information.
18Any person that knowingly submits false insurance information
19shall be guilty of a Class C misdemeanor.
20    The changes to this subsection made by this amendatory Act
21of the 98th General Assembly shall not take effect until the
22beginning of the 2016 registration year.
23(Source: P.A. 98-539, eff. 1-1-14.)
 
24    (625 ILCS 5/7-604)  (from Ch. 95 1/2, par. 7-604)
25    Sec. 7-604. Verification of liability insurance policy.

 

 

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1    (a) The Secretary of State may select random samples of
2registrations of motor vehicles subject to Section 7-601 of
3this Code, or owners thereof, for the purpose of verifying
4whether or not the motor vehicles are insured.
5    In addition to such general random samples of motor vehicle
6registrations, the Secretary may select for verification other
7random samples, including, but not limited to registrations of
8motor vehicles owned by persons:
9        (1) whose motor vehicle registrations during the
10    preceding 4 years have been suspended pursuant to Section
11    7-606 or 7-607 of this Code;
12        (2) who during the preceding 4 years have been
13    convicted of violating Section 3-707, 3-708 or 3-710 of
14    this Code while operating vehicles owned by other persons;
15        (3) whose driving privileges have been suspended
16    during the preceding 4 years;
17        (4) who during the preceding 4 years acquired ownership
18    of motor vehicles while the registrations of such vehicles
19    under the previous owners were suspended pursuant to
20    Section 7-606 or 7-607 of this Code; or
21        (5) who during the preceding 4 years have received a
22    disposition of supervision under subsection (c) of Section
23    5-6-1 of the Unified Code of Corrections for a violation of
24    Section 3-707, 3-708, or 3-710 of this Code.
25    (b) Upon receiving certification from the Department of
26Transportation under Section 7-201.2 of this Code of the name

 

 

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1of an owner or operator of any motor vehicle involved in an
2accident, the Secretary may verify whether or not at the time
3of the accident such motor vehicle was covered by a liability
4insurance policy in accordance with Section 7-601 of this Code.
5    (c) In preparation for selection of random samples and
6their verification, the Secretary may send to owners of
7randomly selected motor vehicles, or to randomly selected motor
8vehicle owners, requests for information about their motor
9vehicles and liability insurance coverage. The request shall
10require the owner to state whether or not the motor vehicle was
11insured on the verification date stated in the Secretary's
12request and the request may require, but is not limited to, a
13statement by the owner of the names and addresses of insurers,
14policy numbers, and expiration dates of insurance coverage.
15    (d) Within 30 days after the Secretary mails a request, the
16owner to whom it is sent shall furnish the requested
17information to the Secretary above the owner's signed
18affirmation that such information is true and correct. Proof of
19insurance in effect on the verification date, as prescribed by
20the Secretary, may be considered by the Secretary to be a
21satisfactory response to the request for information.
22    Any owner whose response indicates that his or her vehicle
23was not covered by a liability insurance policy in accordance
24with Section 7-601 of this Code shall be deemed to have
25registered or maintained registration of a motor vehicle in
26violation of that Section. Any owner who fails to respond to

 

 

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1such a request shall be deemed to have registered or maintained
2registration of a motor vehicle in violation of Section 7-601
3of this Code.
4    (e) If the owner responds to the request for information by
5asserting that his or her vehicle was covered by a liability
6insurance policy on the verification date stated in the
7Secretary's request, the Secretary may conduct a verification
8of the response by furnishing necessary information to the
9insurer named in the response. The insurer shall within 45 days
10inform the Secretary whether or not on the verification date
11stated the motor vehicle was insured by the insurer in
12accordance with Section 7-601 of this Code. The Secretary may
13by rule and regulation prescribe the procedures for
14verification.
15    (f) No random sample selected under this Section shall be
16categorized on the basis of race, color, religion, sex,
17national origin, ancestry, age, marital status, physical or
18mental disability, economic status or geography.
19    (g) This Section is repealed on December 31, 2015.
20(Source: P.A. 92-458, eff. 8-22-01.)
 
21    (625 ILCS 5/3-918 rep.)
22    Section 905. The Illinois Vehicle Code is amended by
23repealing Section 3-918.
 
24    Section 999. Effective date. This Act takes effect upon
25becoming law.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    New Act
4    625 ILCS 5/3-405from Ch. 95 1/2, par. 3-405
5    625 ILCS 5/3-415from Ch. 95 1/2, par. 3-415
6    625 ILCS 5/7-604from Ch. 95 1/2, par. 7-604
7    625 ILCS 5/3-918 rep.