Bill Text: IL SB1940 | 2013-2014 | 98th General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Illinois Vehicle Code. Provides that individuals that provide false insurance information in connection with an application for issuance or renewal of vehicle registration are guilty of a Class C misdemeanor. Provides that registration will not be issued if certain insurance information is not provided. Requires remittance agents to ask for insurance information in connection with an application for issuance or renewal of vehicle registration and to provide this information to the Secretary of State upon remittance.

Spectrum: Slight Partisan Bill (Republican 4-2)

Status: (Passed) 2013-08-23 - Public Act . . . . . . . . . 98-0539 [SB1940 Detail]

Download: Illinois-2013-SB1940-Enrolled.html



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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
5Sections 3-405 and 3-415 and by adding Section 3-918 as
6follows:
7 (625 ILCS 5/3-405) (from Ch. 95 1/2, par. 3-405)
8 Sec. 3-405. Application for registration.
9 (a) Every owner of a vehicle subject to registration under
10this Code shall make application to the Secretary of State for
11the registration of such vehicle upon the appropriate form or
12forms furnished by the Secretary. Every such application shall
13bear the signature of the owner written with pen and ink and
14contain:
15 1. The name, domicile address, as defined in Section
16 1-115.5 of this Code, (except as otherwise provided in this
17 paragraph 1) and mail address of the owner or business
18 address of the owner if a firm, association or corporation.
19 If the mailing address is a post office box number, the
20 address listed on the driver license record may be used to
21 verify residence. A police officer, a deputy sheriff, an
22 elected sheriff, a law enforcement officer for the
23 Department of State Police, a fire investigator, a state's

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1 attorney, an assistant state's attorney, a state's
2 attorney special investigator, or a judicial officer may
3 elect to furnish the address of the headquarters of the
4 governmental entity, police district, or business address
5 where he or she works instead of his or her domicile
6 address, in which case that address shall be deemed to be
7 his or her domicile address for all purposes under this
8 Chapter 3. The spouse and children of a person who may
9 elect under this paragraph 1 to furnish the address of the
10 headquarters of the government entity, police district, or
11 business address where the person works instead of the
12 person's domicile address may, if they reside with that
13 person, also elect to furnish the address of the
14 headquarters of the government entity, police district, or
15 business address where the person works as their domicile
16 address, in which case that address shall be deemed to be
17 their domicile address for all purposes under this Chapter
18 3. In this paragraph 1: (A) "police officer" has the
19 meaning ascribed to "policeman" in Section 10-3-1 of the
20 Illinois Municipal Code; (B) "deputy sheriff" means a
21 deputy sheriff appointed under Section 3-6008 of the
22 Counties Code; (C) "elected sheriff" means a sheriff
23 commissioned pursuant to Section 3-6001 of the Counties
24 Code; (D) "fire investigator" means a person classified as
25 a peace officer under the Peace Officer Fire Investigation
26 Act; (E) "state's attorney", "assistant state's attorney",

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1 and "state's attorney special investigator" mean a state's
2 attorney, assistant state's attorney, and state's attorney
3 special investigator commissioned or appointed under
4 Division 3-9 of the Counties Code; and (F) "judicial
5 officer" has the meaning ascribed to it in Section 1-10 of
6 the Judicial Privacy Act.
7 2. A description of the vehicle, including such
8 information as is required in an application for a
9 certificate of title, determined under such standard
10 rating as may be prescribed by the Secretary.
11 3. Information relating to the insurance policy for the
12 motor vehicle, including the name of the insurer which
13 issued the policy, the policy number, and the expiration
14 date of the policy. Beginning with the 2016 registration
15 year, registration shall not be issued to persons that
16 submit an application that does not contain this
17 information.
18 4. Such further information as may reasonably be
19 required by the Secretary to enable him to determine
20 whether the vehicle is lawfully entitled to registration
21 and the owner entitled to a certificate of title.
22 5. An affirmation by the applicant that all information
23 set forth is true and correct. If the application is for
24 the registration of a motor vehicle, the applicant also
25 shall affirm that the motor vehicle is insured as required
26 by this Code, that such insurance will be maintained

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1 throughout the period for which the motor vehicle shall be
2 registered, and that neither the owner, nor any person
3 operating the motor vehicle with the owner's permission,
4 shall operate the motor vehicle unless the required
5 insurance is in effect. If the person signing the
6 affirmation is not the sole owner of the vehicle, such
7 person shall be deemed to have affirmed on behalf of all
8 the owners of the vehicle. If the person signing the
9 affirmation is not an owner of the vehicle, such person
10 shall be deemed to have affirmed on behalf of the owner or
11 owners of the vehicle. The lack of signature on the
12 application shall not in any manner exempt the owner or
13 owners from any provisions, requirements or penalties of
14 this Code. Beginning with the 2016 registration year, any
15 person that knowingly submits false insurance information
16 shall be guilty of a Class C misdemeanor.
17 (b) When such application refers to a new vehicle purchased
18from a dealer the application shall be accompanied by a
19Manufacturer's Statement of Origin from the dealer, and a
20statement showing any lien retained by the dealer.
21(Source: P.A. 96-580, eff. 1-1-10; 97-847, eff. 1-1-13.)
22 (625 ILCS 5/3-415) (from Ch. 95 1/2, par. 3-415)
23 Sec. 3-415. Application for and renewal of registration.
24 (a) Calendar year. Application for renewal of a vehicle
25registration shall be made by the owner, as to those vehicles

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1required to be registered on a calendar registration year, not
2later than December 1 of each year, upon proper application and
3by payment of the registration fee and tax for such vehicle, as
4provided by law except that application for renewal of a
5vehicle registration, as to those vehicles required to be
6registered on a staggered calendar year basis, shall be made by
7the owner in the form and manner prescribed by the Secretary of
8State.
9 (b) Fiscal year. Application for renewal of a vehicle
10registration shall be made by the owner, as to those vehicles
11required to be registered on a fiscal registration year, not
12later than June 1 of each year, upon proper application and by
13payment 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 fiscal year basis, shall be made by
17the owner in the form and manner prescribed by the Secretary of
18State.
19 (c) Two calendar years. Application for renewal of a
20vehicle registration shall be made by the owner, as to those
21vehicles required to be registered for 2 calendar years, not
22later than December 1 of the year preceding commencement of the
232-year registration period, except that application for
24renewal of a vehicle registration, as to those vehicles
25required to be registered for 2 years on a staggered
26registration basis, shall be made by the owner in the form and

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1manner prescribed by the Secretary of State.
2 (d) Two fiscal years. Application for renewal of a vehicle
3registration shall be made by the owner, as to those vehicles
4required to be registered for 2 fiscal years, not later than
5June 1 immediately preceding commencement of the 2-year
6registration period, except that application for renewal of a
7vehicle registration, as to those vehicles required to be
8registered for 2 fiscal years on a staggered registration
9basis, shall be made by the owner in the form and manner
10prescribed by the Secretary of State.
11 (d-5) Three calendar years. Application for renewal of a
12vehicle registration shall be made by the owner, as to those
13vehicles required to be registered for 3 calendar years, not
14later than December 1 of the year preceding commencement of the
153-year registration period.
16 (e) Time of application. The Secretary of State may receive
17applications for renewal of registration and grant the same and
18issue new registration cards and plates or registration
19stickers at any time prior to expiration of registration. No
20person shall display upon a vehicle, the new registration
21plates or registration stickers prior to the dates the
22Secretary of State in his discretion may select.
23 (f) Verification. The Secretary of State may further
24require, as to vehicles for-hire, that applications be
25accompanied by verification that fees due under the Illinois
26Motor Carrier of Property Law, as amended, have been paid.

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1 (g) Applications for registration renewal shall include
2information relating to the insurance policy for the motor
3vehicle, including the name of the insurer that issued the
4policy, the policy number, and the expiration date of the
5policy. Registration shall not be renewed for persons that
6submit an application that does not contain this information.
7Any person that knowingly submits false insurance information
8shall be guilty of a Class C misdemeanor.
9 The changes to this subsection made by this amendatory Act
10of the 98th General Assembly shall not take effect until the
11beginning of the 2016 registration year.
12(Source: P.A. 96-747, eff. 1-1-10.)
13 (625 ILCS 5/3-918 new)
14 Sec. 3-918. Vehicle registration and insurance. Beginning
15with the 2016 registration year, any remittance agent engaged
16in the business of remitting applications for the issuance or
17renewal of vehicle registration shall ask applicants for
18information relating to the insurance policy for the motor
19vehicle, including the name of the insurer that issued the
20policy, the policy number, and the expiration date of the
21policy. This information shall be remitted to the Secretary of
22State as part of the application. Failure to obtain this
23information and supply it to the Secretary of State shall
24subject the remittance agent to suspension or revocation of
25their license as described in Section 3-907 of this Code.
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