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92_HB3781
LRB9212832DHmg
1 AN ACT in relation to 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 Section 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
9 registrations of motor vehicles subject to Section 7-601 of
10 this Code, or owners thereof, for the purpose of verifying
11 whether or not the motor vehicles are insured.
12 In addition to such general random samples of motor
13 vehicle registrations, the Secretary may select for
14 verification other random samples, including, but not limited
15 to registrations of motor 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
22 persons;
23 (3) whose driving privileges have been suspended
24 during the preceding 4 years;
25 (4) who during the preceding 4 years acquired
26 ownership of motor vehicles while the registrations of
27 such vehicles under the previous owners were suspended
28 pursuant to Section 7-606 or 7-607 of this Code; or
29 (5) who during the preceding 4 years have received
30 a disposition of supervision under subsection (c) of
31 Section 5-6-1 of the Unified Code of Corrections for a
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1 violation of Section 3-707, 3-708, or 3-710 of this Code.
2 (b) Upon receiving certification from the Department of
3 Transportation under Section 7-201.2 of this Code of the name
4 of an owner or operator of any motor vehicle involved in an
5 accident, the Secretary may verify whether or not at the time
6 of the accident such motor vehicle was covered by a liability
7 insurance policy in accordance with Section 7-601 of this
8 Code.
9 (c) In preparation for selection of random samples and
10 their verification, the Secretary may send to owners of
11 randomly selected motor vehicles, or to randomly selected
12 motor vehicle owners, requests for information about their
13 motor vehicles and liability insurance coverage. The request
14 shall require the owner to state whether or not the motor
15 vehicle was insured on the verification date stated in the
16 Secretary's request and the request may require, but is not
17 limited to, a statement by the owner of the names and
18 addresses of insurers, policy numbers, and expiration dates
19 of insurance coverage.
20 (d) Within 45 30 days after the Secretary mails a
21 request, the owner to whom it is sent shall furnish the
22 requested information to the Secretary above the owner's
23 signed affirmation that such information is true and correct.
24 Proof of insurance in effect on the verification date, as
25 prescribed by the Secretary, may be considered by the
26 Secretary to be a satisfactory response to the request for
27 information.
28 Any owner whose response indicates that his or her
29 vehicle was not covered by a liability insurance policy in
30 accordance with Section 7-601 of this Code shall be deemed to
31 have registered or maintained registration of a motor vehicle
32 in violation of that Section. Any owner who fails to respond
33 to such a request shall be deemed to have registered or
34 maintained registration of a motor vehicle in violation of
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1 Section 7-601 of this Code.
2 (e) If the owner responds to the request for information
3 by asserting that his or her vehicle was covered by a
4 liability insurance policy on the verification date stated in
5 the Secretary's request, the Secretary may conduct a
6 verification of the response by furnishing necessary
7 information to the insurer named in the response. The
8 insurer shall within 45 days inform the Secretary whether or
9 not on the verification date stated the motor vehicle was
10 insured by the insurer in accordance with Section 7-601 of
11 this Code. The Secretary may by rule and regulation prescribe
12 the procedures for verification.
13 (f) No random sample selected under this Section shall
14 be categorized on the basis of race, color, religion, sex,
15 national origin, ancestry, age, marital status, physical or
16 mental disability, economic status or geography.
17 (Source: P.A. 92-458, eff. 8-22-01.)