|
| Public Act 098-0787
|
| HB5692 Enrolled | LRB098 18851 MLW 53996 b |
|
|
AN ACT concerning transportation.
|
Be it enacted by the People of the State of Illinois,
|
represented in the General Assembly:
|
Section 1. Short title. This Act may be referred to as the |
Uninsured Motorist Verification Advisory Committee Act.
|
Section 5. Uninsured Motorist Verification Advisory |
Committee.
|
(a) The Secretary shall establish and appoint an Uninsured |
Motorist Verification Advisory Committee consisting of |
representatives of the Department of Insurance, insurance |
companies authorized to sell motor vehicle liability insurance |
policies in this State, insurance producers, and other |
interested parties as designated by the Secretary, to assist in |
the design and implementation of a program for the electronic |
verification of motor vehicle liability insurance for motor |
vehicles that are subject to Section 7-601 of the Illinois |
Vehicle Code.
|
(b) The Uninsured Motorist Verification Advisory Committee |
shall report to the General Assembly, on or before January 31, |
2015, with recommendations for the design and funding of a |
program for the electronic verification of motor vehicle |
liability insurance policies issued and in effect in the State |
and legislation to implement the program that includes at a |
|
minimum the elements in subsection (d) of this Section.
|
(c) Based on the recommendations of the Uninsured Motorist |
Verification Advisory Committee, the Secretary shall adopt |
rules to implement a program for the electronic verification of |
motor vehicle liability insurance by January 1, 2016 if and |
only if appropriations are made funding the electronic |
verification database as recommended by the Uninsured Motorist |
Advisory Committee.
|
(d) The electronic motor vehicle liability insurance |
verification program shall have the following elements:
|
(1) a requirement that insurance companies authorized |
to sell motor vehicle liability insurance in the State make |
available, in a format designated by the Secretary, the |
following information for each motor vehicle liability |
insurance policy issued by the company:
|
(A) the name of policy holder;
|
(B) the make, model, year and vehicle |
identification number of the covered vehicle;
|
(C) the policy number;
|
(D) the effective date of the policy; and
|
(E) the company's National Association of |
Insurance Commissioners number;
|
(2) a method of searching for motor vehicle liability |
insurance policies issued and in effect in the State by the |
keys indicated in paragraph (1) of this subsection;
|
(3) a requirement that the Secretary verify the |
|
existence of a liability insurance policy as required by |
Section 7-601 of the Illinois Vehicle Code for every motor |
vehicle registered in the Secretary's office at least once |
every 12 months;
|
(4) a provision that if the Secretary is unable to |
verify the existence of a liability insurance policy, then |
the vehicle owner shall be sent a written notice giving the |
owner 30 calendar days to provide evidence that the vehicle |
was insured on the date of the attempted verification of |
insurance, or evidence that the vehicle is no longer |
operable;
|
(5) a provision that any vehicle owner who fails to |
respond, or whose response indicates that his or her |
operable vehicle was not covered by a liability insurance |
policy in accordance with Section 7-601 of the Illinois |
Vehicle Code, shall be deemed to have registered or |
maintained registration of a motor vehicle in violation of |
that Section, and the Secretary shall suspend the |
registration of the vehicle; the vehicle owner shall be |
required to pay a reinstatement fee of $100 and provide |
proof of current insurance before the registration may be |
reinstated under Section 7-606 of the Illinois Vehicle |
Code; and
|
(6) a provision that if the owner responds to the |
request for information by asserting that his or her |
vehicle was covered by a liability insurance policy on the |
|
date of verification stated in the Secretary's request, |
then the Secretary may conduct a verification of the |
response by furnishing the necessary information to the |
insurer named in the response; the insurer shall within 7 |
calendar days inform the Secretary whether or not on the |
date of verification the motor vehicle was insured by the |
insurer in accordance with Section 7-601 of the Illinois |
Vehicle Code; if the insurer does not confirm insurance was |
in effect on the verification date, then the Secretary |
shall suspend the owner's registration of the vehicle; the |
vehicle owner shall be required to pay a reinstatement fee |
of $100 and provide proof of current insurance before the |
registration may be reinstated under Section 7-606 of the |
Illinois Vehicle Code.
|
(e) In addition to the annual verification of liability |
insurance the Secretary may select for verification other |
vehicles, including, but not limited to, motor vehicles owned |
or registered by persons:
|
(1) whose motor vehicle registrations during the |
preceding 4 years have been suspended under Section 7-606 |
or 7-607 of the Illinois Vehicle Code;
|
(2) who during the preceding 4 years have been |
convicted of violating Section 3-707, 3-708, or 3-710 of |
the Illinois Vehicle Code while operating vehicles owned by |
other persons;
|
(3) whose driving privileges have been suspended |
|
during the preceding 4 years;
|
(4) who during the preceding 4 years acquired ownership |
of motor vehicles while the registrations of those vehicles |
under the previous owners were suspended under Section |
7-606 or 7-607 of the Illinois Vehicle Code; or
|
(5) who during the preceding 4 years have received a |
disposition of supervision under subsection (c) of Section |
5-6-1 of the Unified Code of Corrections for a violation of |
Section 3-707, 3-708, or 3-710 of the Illinois Vehicle |
Code.
|
(f) The Secretary shall not have regulatory authority over |
insurance companies. Regulatory authority over insurance |
companies shall remain with the Department of Insurance.
|
Section 10. Expiration. This Act is repealed on July 1, |
2016.
|
Section 900. The Illinois Vehicle Code is amended by |
changing Sections 3-405, 3-415, and 7-604 as follows:
|
(625 ILCS 5/3-405) (from Ch. 95 1/2, par. 3-405)
|
Sec. 3-405. Application for registration.
|
(a) Every owner of a vehicle subject to registration under |
this Code shall
make application to the Secretary of State for |
the registration of such
vehicle upon the appropriate form or |
forms furnished by the Secretary.
Every such application shall |
|
bear the signature of the owner
written with pen and ink and |
contain:
|
1. The name, domicile address, as defined in Section |
1-115.5 of this Code, (except as otherwise provided in this
|
paragraph 1) and mail address of the owner or
business |
address of the owner if a firm, association or corporation. |
If
the mailing address is a post office box number, the |
address listed on the
driver license record may be used to |
verify residence.
A police officer, a deputy sheriff, an |
elected sheriff, a law enforcement
officer for the |
Department of State Police, a fire investigator, a state's |
attorney, an assistant state's attorney, a state's |
attorney special investigator, or a judicial officer may |
elect to
furnish
the address of the headquarters of the |
governmental entity, police district, or business address
|
where he or she
works instead of his or her domicile |
address, in which case that address shall
be deemed to be |
his or her domicile address for all purposes under this
|
Chapter 3.
The spouse and children of a person who may |
elect under this paragraph 1 to
furnish the address of the |
headquarters of the government entity, police
district, or |
business address where the person works instead of the |
person's domicile address may,
if they reside with that |
person, also elect to furnish the address of the
|
headquarters of the government entity, police district, or |
business address where the person works
as their domicile |
|
address, in which case that address shall be deemed to be
|
their domicile address for all purposes under this Chapter |
3.
In this paragraph 1: (A)
"police officer" has the |
meaning ascribed to "policeman" in Section 10-3-1 of
the |
Illinois Municipal Code; (B) "deputy sheriff" means a |
deputy sheriff
appointed under Section 3-6008 of the |
Counties Code; (C) "elected sheriff"
means a sheriff |
commissioned pursuant to Section 3-6001 of the Counties |
Code;
(D) "fire
investigator" means a person classified as |
a peace officer under the Peace
Officer Fire Investigation |
Act; (E) "state's attorney", "assistant state's attorney", |
and "state's attorney special investigator" mean a state's |
attorney, assistant state's attorney, and state's attorney |
special investigator commissioned or appointed under |
Division 3-9 of the Counties Code; and (F) "judicial |
officer" has the meaning ascribed to it in Section 1-10 of |
the Judicial Privacy Act.
|
2. A description of the vehicle, including such |
information as is
required in an application for a |
certificate of title, determined under such
standard |
rating as may be prescribed by the Secretary.
|
3. (Blank). Information
relating to the
insurance |
policy for the motor vehicle, including the name of the |
insurer which issued the policy, the policy number, and the |
expiration date of the policy. Beginning with the 2016 |
registration year, registration shall not be issued to |
|
persons that submit an application that does not contain |
this information.
|
4. Such further information as may reasonably be |
required by the
Secretary to enable him to determine |
whether the vehicle is
lawfully entitled to registration |
and the owner entitled to a certificate
of title.
|
5. An affirmation by the applicant that all information |
set forth is
true and correct. If the
application is for |
the registration of a motor vehicle, the applicant also
|
shall affirm that the motor vehicle is insured as required |
by this Code,
that such insurance will be maintained |
throughout the period for which the
motor vehicle shall be |
registered, and that neither the owner, nor any
person |
operating the motor vehicle with the owner's permission, |
shall
operate the motor vehicle unless the required |
insurance is in effect. If
the person signing the |
affirmation is not the sole owner of the vehicle,
such |
person shall be deemed to have affirmed on behalf of all |
the owners of
the vehicle. If the person signing the |
affirmation is not an owner of the
vehicle, such person |
shall be deemed to have affirmed on behalf of the
owner or |
owners of the vehicle. The lack of signature on the |
application
shall not in any manner exempt the owner or |
owners from any provisions,
requirements or penalties of |
this Code. Beginning with the 2016 registration year, any |
person that knowingly submits false insurance information |
|
shall be guilty of a Class C misdemeanor.
|
(b) When such application refers to a new vehicle purchased |
from a
dealer the application shall be accompanied by a |
Manufacturer's Statement
of Origin from the dealer, and a |
statement showing any lien retained by the
dealer.
|
(Source: P.A. 97-847, eff. 1-1-13; 98-539, eff. 1-1-14.)
|
(625 ILCS 5/3-415) (from Ch. 95 1/2, par. 3-415)
|
Sec. 3-415. Application for and renewal of registration. |
(a) Calendar
year. Application for renewal of a vehicle |
registration shall be made by
the owner, as to those vehicles |
required to be registered on a calendar
registration year, not |
later than December 1 of each year, upon proper
application
and |
by payment of the registration fee and tax for such vehicle, as |
provided
by law except that application for renewal of a |
vehicle registration, as
to those vehicles required to be |
registered on a staggered calendar year
basis, shall be made by |
the owner in the form and manner prescribed by the
Secretary of |
State.
|
(b) Fiscal year. Application for renewal of a vehicle
|
registration shall be made by the owner, as to those vehicles
|
required to be registered on a fiscal registration year, not
|
later than June 1 of each year, upon proper application and by
|
payment of the registration fee and tax for such vehicle as
|
provided by law, except that application for renewal of a |
vehicle registration,
as to those vehicles required to be |
|
registered on a staggered fiscal year
basis, shall be made by |
the owner in the form and manner prescribed by the
Secretary of |
State.
|
(c) Two calendar years. Application for renewal of a |
vehicle
registration shall be made by the owner, as to those |
vehicles
required to be registered for 2 calendar years, not |
later than
December 1 of the year preceding commencement of the |
2-year
registration period, except that application for |
renewal of a vehicle
registration, as to those vehicles |
required to be registered for 2 years
on a staggered |
registration basis, shall be made by the owner in the form
and |
manner prescribed by the Secretary of State.
|
(d) Two fiscal years. Application for renewal of a vehicle
|
registration shall be made by the owner, as to those vehicles
|
required to be registered for 2 fiscal years, not later than
|
June 1 immediately preceding commencement of the 2-year
|
registration period, except that application for renewal of a |
vehicle
registration, as to those vehicles required to be |
registered for 2 fiscal
years on a staggered registration |
basis, shall be made by the owner in the
form and manner |
prescribed by the Secretary of State.
|
(d-5) Three calendar years. Application for renewal of a |
vehicle
registration shall be made by the owner, as to those |
vehicles
required to be registered for 3 calendar years, not |
later than
December 1 of the year preceding commencement of the |
3-year
registration period. |
|
(e) Time of application. The Secretary of State may receive
|
applications for renewal of registration and grant the same
and |
issue new registration cards and plates or registration
|
stickers at any time prior to expiration of registration.
No |
person shall display upon a vehicle, the new registration
|
plates or registration stickers prior to the dates the |
Secretary of State
in his discretion
may select.
|
(f) Verification. The Secretary of State may further
|
require, as to vehicles for-hire, that applications be
|
accompanied by verification that fees due under the Illinois
|
Motor Carrier of Property Law, as amended, have been paid.
|
(g) (Blank). Applications for registration renewal shall |
include information relating to the insurance policy for the |
motor vehicle, including the name of the insurer that issued |
the policy, the policy number, and the expiration date of the |
policy.
Registration shall not be renewed for persons that |
submit an application that does not contain this information. |
Any person that knowingly submits false insurance information |
shall be guilty of a Class C misdemeanor. |
The changes to this subsection made by this amendatory Act |
of the 98th General Assembly shall not take effect until the |
beginning of the 2016 registration year. |
(Source: P.A. 98-539, eff. 1-1-14.)
|
(625 ILCS 5/7-604) (from Ch. 95 1/2, par. 7-604)
|
Sec. 7-604. Verification of liability insurance policy.
|
|
(a) The Secretary of State may select random samples
of |
registrations of motor vehicles subject to Section 7-601 of |
this Code,
or owners thereof, for the purpose of verifying |
whether or not the motor
vehicles are insured.
|
In addition to such general random samples of motor vehicle
|
registrations, the Secretary may select for
verification other |
random samples, including, but not limited to
registrations of |
motor vehicles owned by persons:
|
(1) whose motor vehicle registrations during the |
preceding 4 years have
been suspended pursuant to Section |
7-606 or 7-607 of this Code;
|
(2) who during the preceding 4 years have been |
convicted of violating
Section 3-707, 3-708 or 3-710 of |
this Code while operating vehicles
owned by other persons;
|
(3) whose driving privileges have been suspended |
during the preceding 4
years;
|
(4) who during the preceding 4 years acquired ownership |
of motor
vehicles while the registrations of such vehicles |
under the previous owners
were suspended pursuant to |
Section 7-606 or 7-607 of this Code; or
|
(5) who during the preceding 4 years have received a |
disposition of
supervision under subsection (c) of Section |
5-6-1 of the Unified Code of
Corrections for a violation of |
Section 3-707, 3-708, or 3-710 of this Code.
|
(b) Upon receiving certification from the Department of |
Transportation
under Section 7-201.2 of this Code of the name |
|
of an owner or operator of any
motor vehicle involved in an |
accident, the Secretary may verify whether or
not at the time |
of the accident such motor vehicle was covered by a
liability |
insurance policy in accordance with Section 7-601 of this Code.
|
(c) In preparation for selection of random samples and |
their
verification, the Secretary may send to owners of |
randomly selected motor
vehicles, or to randomly selected motor |
vehicle owners, requests for
information about their motor |
vehicles and liability
insurance coverage. The request shall |
require the owner to state whether
or not the motor vehicle was |
insured on the verification date stated in the
Secretary's |
request and the request may require, but is not limited to,
a |
statement by the owner of the names and addresses of insurers, |
policy
numbers, and expiration dates of insurance coverage.
|
(d) Within 30 days after the Secretary mails a request, the |
owner to
whom it is sent shall furnish the requested |
information to the Secretary
above the owner's signed |
affirmation that such information is true and
correct. Proof of |
insurance in effect on the verification date, as
prescribed by |
the Secretary, may be considered by the Secretary to be a
|
satisfactory response to the request for information.
|
Any owner whose response indicates that his or her vehicle |
was
not covered by a liability insurance policy in accordance |
with
Section 7-601 of this Code shall be deemed to have |
registered or maintained
registration of a motor vehicle in |
violation of that Section. Any owner who
fails to respond to |
|
such a request shall be deemed to have registered or
maintained |
registration of a motor vehicle in violation of Section
7-601 |
of this Code.
|
(e) If the owner responds to the request for information by |
asserting
that his or her vehicle was covered by a liability |
insurance policy on the
verification date stated in the |
Secretary's request, the Secretary may
conduct a verification |
of the response by furnishing necessary information
to the |
insurer named in the response. The insurer shall within
45 days
|
inform the Secretary whether or not on the verification date |
stated the
motor vehicle was insured by the insurer in |
accordance with Section 7-601
of this Code. The Secretary may |
by rule and regulation prescribe the
procedures for |
verification.
|
(f) No random sample selected under this Section shall be |
categorized on
the basis of race, color, religion, sex, |
national origin, ancestry, age,
marital status, physical or |
mental disability, economic status
or geography.
|
(g) This Section is repealed on December 31, 2015. |
(Source: P.A. 92-458, eff. 8-22-01.)
|
(625 ILCS 5/3-918 rep.) |
Section 905. The Illinois Vehicle Code is amended by |
repealing Section 3-918.
|
Section 999. Effective date. This Act takes effect upon |
becoming law.
|
| |
INDEX
| |
Statutes amended in order of appearance
|
|
