093_SB2122

                                     LRB093 13660 DRH 19040 b

 1        AN ACT concerning vehicles.

 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 Sections 3-405 and 3-415 as follows:

 6        (625 ILCS 5/3-405) (from Ch. 95 1/2, par. 3-405)
 7        Sec. 3-405. Application for registration.
 8        (a)  Every  owner  of  a  vehicle subject to registration
 9    under this Code shall make application to  the  Secretary  of
10    State   for   the  registration  of  such  vehicle  upon  the
11    appropriate form or forms furnished by the  Secretary.  Every
12    such  application  shall  bear  the  signature  of  the owner
13    written with pen and ink and contain:
14             1.  The  name,  bona  fide  residence   (except   as
15        otherwise  provided in this paragraph 1) and mail address
16        of the owner or business address of the owner if a  firm,
17        association  or corporation.  If the mailing address is a
18        post office box number, the address listed on the  driver
19        license  record may be used to verify residence. A police
20        officer, a deputy sheriff,  an  elected  sheriff,  a  law
21        enforcement  officer  for the Department of State Police,
22        or a fire investigator may elect to furnish  the  address
23        of  the headquarters of the governmental entity or police
24        district where he or she works  instead  of  his  or  her
25        residence  address,  in  which case that address shall be
26        deemed to  be  his  or  her  residence  address  for  all
27        purposes  under  this Chapter 3.  The spouse and children
28        of a person who may  elect  under  this  paragraph  1  to
29        furnish the address of the headquarters of the government
30        entity  or police district where the person works instead
31        of the person's residence address  may,  if  they  reside
 
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 1        with  that  person,  also elect to furnish the address of
 2        the headquarters  of  the  government  entity  or  police
 3        district  where  the  person  works  as  their  residence
 4        address, in which case that address shall be deemed to be
 5        their  residence  address  for  all  purposes  under this
 6        Chapter 3. In this paragraph 1: (A) "police officer"  has
 7        the  meaning ascribed to "policeman" in Section 10-3-1 of
 8        the Illinois Municipal Code; (B) "deputy sheriff" means a
 9        deputy sheriff appointed  under  Section  3-6008  of  the
10        Counties  Code;  (C)  "elected  sheriff"  means a sheriff
11        commissioned pursuant to Section 3-6001 of  the  Counties
12        Code;   and   (D)  "fire  investigator"  means  a  person
13        classified as a peace officer  under  the  Peace  Officer
14        Fire Investigation Act.
15             2.  A  description  of  the  vehicle, including such
16        information as  is  required  in  an  application  for  a
17        certificate  of  title,  determined  under  such standard
18        rating as may be prescribed by the Secretary.
19             3.  Information,  as  may   be   required   by   the
20        Secretary,  relating  to the insurance policy for a motor
21        vehicle, including, but not limited to, the name  of  the
22        insurer which issued the policy.
23             4.  Such  further  information  as may reasonably be
24        required by the Secretary  to  enable  him  to  determine
25        whether  the vehicle is lawfully entitled to registration
26        and the owner entitled to a certificate of title.
27             5.  An  affirmation  by  the  applicant   that   all
28        information  set  forth  is  true  and  correct.  If  the
29        application  is  for the registration of a motor vehicle,
30        the applicant also shall affirm that the motor vehicle is
31        insured as required by this  Code,  that  such  insurance
32        will  be  maintained  throughout the period for which the
33        motor vehicle shall be registered, and that  neither  the
34        owner,  nor  any  person operating the motor vehicle with
 
                            -3-      LRB093 13660 DRH 19040 b
 1        the owner's permission, shall operate the  motor  vehicle
 2        unless  the  required  insurance  is  in  effect.  If the
 3        person signing the affirmation is not the sole  owner  of
 4        the vehicle, such person shall be deemed to have affirmed
 5        on  behalf  of  all  the  owners  of the vehicle.  If the
 6        person signing the affirmation is not  an  owner  of  the
 7        vehicle,  such person shall be deemed to have affirmed on
 8        behalf of the owner or owners of the vehicle. The lack of
 9        signature on the application  shall  not  in  any  manner
10        exempt   the   owner   or  owners  from  any  provisions,
11        requirements or penalties of this Code.
12        (b)  When  such  application  refers  to  a  new  vehicle
13    purchased from a dealer the application shall be  accompanied
14    by  a Manufacturer's Statement of Origin from the dealer, and
15    a statement showing any lien retained by the dealer.
16        (c)  Proof that a liability  insurance  policy  has  been
17    purchased,  if required under Section 7-601, must be provided
18    by the applicant at the time of application for  registration
19    of  any motor vehicle. The issuing agent must refuse to issue
20    registration if proof of purchase is not  provided.  Insurers
21    must furnish uniform insurance cards under Section 7-602 in a
22    form  prescribed  by  the  Secretary and must include (i) the
23    name of the insured's insurance company, (ii)  the  insured's
24    policy  number  and  its expiration date, and (iii) the make,
25    year,  and  vehicle  identification  number  of  the  vehicle
26    insured. The card must  contain  a  statement  notifying  the
27    applicant  of the penalty for submission of false proof under
28    Section 7-607, the penalty for display of false  evidence  of
29    insurance  under  Section 3-710, and the penalty for making a
30    material false statement under Section 4-105.
31        Proof of insurance may be established by  presenting  any
32    of the following:
33             (1)  the original or a photocopy of:
34                  (A)  the insurance card;
 
                            -4-      LRB093 13660 DRH 19040 b
 1                  (B)  the insurance policy;
 2                  (C)  the insurance policy binder; or
 3                  (D)  a   certificate  of  insurance  acceptable
 4             under Section 7-315;
 5             (2)  an affidavit containing the following:
 6                  (A)  the  name  of  the   insured's   insurance
 7             company;
 8                  (B)  the   insured's   policy  number  and  its
 9             expiration date; and
10                  (C)  the make, year, and vehicle identification
11             number of the vehicle insured; or
12             (3)  any other proof the Secretary may prescribe  by
13        rule.
14        If  an  affidavit  is  provided  as  proof, it must be in
15    substantially the following form:
16             Under penalty of perjury, I  (name  of  insured)  do
17        hereby  certify that I have liability insurance currently
18        in effect with (name of insurance company) under  (policy
19        number  and  expiration  date)  covering (make, year, and
20        vehicle identification number of vehicle). (Signature  of
21        insured)
22        The affidavit must include the following warning:
23        WARNING:  GIVING  FALSE  INFORMATION IN ORDER TO OBTAIN A
24        VEHICLE REGISTRATION CERTIFICATE IS  A  CLASS  2  FELONY.
25        ANYONE  GIVING  FALSE  INFORMATION  ON  THIS AFFIDAVIT IS
26        SUBJECT TO PROSECUTION.
27        When an application for a certificate of  title  is  made
28    through  a  licensed  motor  vehicle  dealer,  as required in
29    subsection (b) of Section 3-104, the original or a  photocopy
30    of  the  insurance  card,  insurance policy, insurance policy
31    binder, or certificate of insurance or the original affidavit
32    from the insured shall be  forwarded  by  the  motor  vehicle
33    dealer to the Secretary of State for processing. A dealer who
34    forwards  an affidavit signed by the insured is not liable in
 
                            -5-      LRB093 13660 DRH 19040 b
 1    damages for any inadequacy, insufficiency,  or  falsification
 2    of any statement contained in the affidavit.
 3    (Source: P.A. 91-575, eff. 8-14-99.)

 4        (625 ILCS 5/3-415) (from Ch. 95 1/2, par. 3-415)
 5        Sec.  3-415. Application for and renewal of registration.
 6    (a) Calendar year.  Application  for  renewal  of  a  vehicle
 7    registration shall be made by the owner, as to those vehicles
 8    required  to  be  registered on a calendar registration year,
 9    not  later  than  December  1  of  each  year,  upon   proper
10    application  and  by  payment of the registration fee and tax
11    for such vehicle, as provided by law except that  application
12    for  renewal  of a vehicle registration, as to those vehicles
13    required to be registered on a staggered calendar year basis,
14    shall be made by the owner in the form and manner  prescribed
15    by the Secretary of State.
16        (b)  Fiscal  year.   Application for renewal of a vehicle
17    registration shall be made by the owner, as to those vehicles
18    required to be registered on a fiscal registration year,  not
19    later  than  June 1 of each year, upon proper application and
20    by payment of the registration fee and tax for  such  vehicle
21    as  provided by law, except that application for renewal of a
22    vehicle registration, as to those  vehicles  required  to  be
23    registered on a staggered fiscal year basis, shall be made by
24    the  owner in the form and manner prescribed by the Secretary
25    of State.
26        (c)  Two calendar years.  Application for  renewal  of  a
27    vehicle  registration shall be made by the owner, as to those
28    vehicles required to be registered for 2 calendar years,  not
29    later  than  December 1 of the year preceding commencement of
30    the 2-year registration period, except that  application  for
31    renewal  of  a  vehicle  registration,  as  to those vehicles
32    required  to  be  registered  for  2  years  on  a  staggered
33    registration basis, shall be made by the owner  in  the  form
 
                            -6-      LRB093 13660 DRH 19040 b
 1    and manner prescribed by the Secretary of State.
 2        (d)  Two  fiscal  years.   Application  for  renewal of a
 3    vehicle registration shall be made by the owner, as to  those
 4    vehicles  required  to  be registered for 2 fiscal years, not
 5    later than June 1 immediately preceding commencement  of  the
 6    2-year  registration  period,  except  that  application  for
 7    renewal  of  a  vehicle  registration,  as  to those vehicles
 8    required to be registered for 2 fiscal years on  a  staggered
 9    registration  basis,  shall  be made by the owner in the form
10    and manner prescribed by the Secretary of State.
11        (e)  Time of application.  The  Secretary  of  State  may
12    receive  applications  for  renewal of registration and grant
13    the same and issue  new  registration  cards  and  plates  or
14    registration  stickers  at  any  time  prior to expiration of
15    registration. No person shall display upon a vehicle, the new
16    registration plates or registration  stickers  prior  to  the
17    dates the Secretary of State in his discretion may select.
18        (f)  Verification.   The  Secretary  of State may further
19    require,  as  to  vehicles  for-hire,  that  applications  be
20    accompanied by verification that fees due under the  Illinois
21    Motor Carrier of Property Law, as amended, have been paid.
22        (g)  Proof of insurance. Proof that a liability insurance
23    policy  has  been purchased, if required under Section 7-601,
24    must be provided by the applicant at the time of  application
25    for registration of any motor vehicle. The issuing agent must
26    refuse  to  issue  registration  if  proof of purchase is not
27    provided. Insurers must furnish uniform insurance cards in  a
28    form prescribed by the Secretary and must include the name of
29    the  insured's insurance company, the insured's policy number
30    and its expiration date, and  the  make,  year,  and  vehicle
31    identification  number  of the vehicle insured. The card must
32    contain a statement notifying the applicant  of  the  penalty
33    for  submission  of  false  proof  under  Section  7-607, the
34    penalty for display of  false  evidence  of  insurance  under
 
                            -7-      LRB093 13660 DRH 19040 b
 1    Section  3-710,  and  the penalty for making a material false
 2    statement under Section 4-105.
 3        Proof of insurance may be established by  presenting  any
 4    of the following:
 5             (1)  the original or a photocopy of:
 6                  (A)  the insurance card;
 7                  (B)  the insurance policy;
 8                  (C)  the insurance policy binder; or
 9                  (D)  a   certificate  of  insurance  acceptable
10             under Section 7-315;
11             (2)  an affidavit containing the following:
12                  (A)  the  name  of  the   insured's   insurance
13             company;
14                  (B)  the   insured's   policy  number  and  its
15             expiration date; and
16                  (C)  the make, year, and vehicle identification
17             number of the vehicle insured; or
18             (3)  any other proof the Secretary may prescribe  by
19        rule.
20        If  an  affidavit  is  provided  as  proof, it must be in
21    substantially the following form:
22             Under penalty of perjury, I  (name  of  insured)  do
23        hereby  certify that I have liability insurance currently
24        in effect with (name of insurance company) under  (policy
25        number  and  expiration  date)  covering (make, year, and
26        vehicle identification number of vehicle). (Signature  of
27        insured)
28        The affidavit must include the following warning:
29        WARNING:  GIVING  FALSE  INFORMATION IN ORDER TO OBTAIN A
30        VEHICLE REGISTRATION CERTIFICATE IS  A  CLASS  2  FELONY.
31        ANYONE  GIVING  FALSE  INFORMATION  ON  THIS AFFIDAVIT IS
32        SUBJECT TO PROSECUTION.
33        When an application for a certificate of  title  is  made
34    through  a  licensed  motor  vehicle  dealer,  as required in
 
                            -8-      LRB093 13660 DRH 19040 b
 1    subsection (b) of Section 3-104, the original or a  photocopy
 2    of  the  insurance  card,  insurance policy, insurance policy
 3    binder, or certificate of insurance or the original affidavit
 4    from the insured shall be  forwarded  by  the  motor  vehicle
 5    dealer to the Secretary of State for processing. A dealer who
 6    forwards  an affidavit signed by the insured is not liable in
 7    damages for any inadequacy, insufficiency,  or  falsification
 8    of any statement contained in the affidavit.
 9        (h)  A   motor   vehicle   whose  registration  has  been
10    suspended for not  having  the  insurance  coverage  required
11    under  Section  7-601  may not be reregistered in the name of
12    the owner, the owner's spouse, parent, or child or any member
13    of  the  same  household,  until  the  owner  has  paid   the
14    reinstatement  fee  required  under  Section  7-606.  If  the
15    vehicle's  registration  plates  have expired, new plates may
16    not be issued until the vehicle owner has complied  with  the
17    reinstatement requirements of this Code.
18    (Source: P.A. 80-230; 80-1185.)

19        Section  99.  Effective date.  This Act takes effect upon
20    becoming law.