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| 1 | | individual insurance companies and insurance trade |
| 2 | | organizations, to the Secretary for each motor vehicle |
| 3 | | liability insurance policy issued by the company the |
| 4 | | following information: |
| 5 | | (A) the name of the policy holder; |
| 6 | | (B) the make, model, year, and vehicle |
| 7 | | identification number of the covered motor vehicle; |
| 8 | | (C) the policy number; |
| 9 | | (D) the policy effective date; |
| 10 | | (E) the insurance company's National Association |
| 11 | | of Insurance Commissioner's number; and |
| 12 | | (F) any other information the Secretary deems |
| 13 | | necessary to match an eligible vehicle with an |
| 14 | | insurance policy; |
| 15 | | (2) a method for searching motor vehicle liability |
| 16 | | insurance policies issued and in effect in this State by |
| 17 | | using the information under paragraph (1) of this |
| 18 | | subsection (a); |
| 19 | | (3) a requirement that at least twice per calendar |
| 20 | | year, the Secretary shall verify the existence of a |
| 21 | | liability insurance policy for every registered motor |
| 22 | | vehicle subject to Section 7-601 of this Code; and if the |
| 23 | | Secretary is unable to verify the existence of a liability |
| 24 | | insurance policy, the Secretary shall, by U.S. mail or |
| 25 | | electronic mail, send the vehicle owner a written notice |
| 26 | | allowing the vehicle owner 30 calendar days to provide |
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| 1 | | proof of insurance, such as a copy of an insurance card, on |
| 2 | | the date of attempted verification, or to provide proof |
| 3 | | that the vehicle is no longer operable; |
| 4 | | (4) a requirement that a vehicle owner who does not |
| 5 | | provide proof of insurance or proof of an inoperable |
| 6 | | vehicle under paragraph (3) of this subsection (a) shall |
| 7 | | be in violation of Section 7-601 of this Code and the |
| 8 | | Secretary shall suspend the vehicle's registration and the |
| 9 | | owner shall pay any applicable reinstatement fees and |
| 10 | | shall provide proof of insurance before the Secretary may |
| 11 | | reinstate the vehicle's registration under Section 7-606 |
| 12 | | of this Code; |
| 13 | | (5) a requirement that if a vehicle owner provides |
| 14 | | proof of insurance on the date of the attempted |
| 15 | | verification under paragraph (3) of this subsection (1), |
| 16 | | the Secretary may verify the vehicle owner's response by |
| 17 | | furnishing necessary information to the insurance company. |
| 18 | | Within 7 calendar days of receiving the information, the |
| 19 | | insurance company shall confirm and notify the Secretary |
| 20 | | the dates of the motor vehicle's insurance coverage. If |
| 21 | | the insurance company does not confirm coverage for the |
| 22 | | date of attempted verification, the Secretary shall |
| 23 | | suspend the vehicle's registration and the owner of the |
| 24 | | vehicle shall pay any applicable reinstatement fees and |
| 25 | | shall provide proof of insurance before the Secretary may |
| 26 | | reinstate the vehicle's registration under Section 7-606 |
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| 1 | | of this Code; |
| 2 | | (6) a requirement that the Secretary may consult with |
| 3 | | members of the insurance industry during the |
| 4 | | implementation of the program, including, but not limited |
| 5 | | to, during the drafting process for adopting any rules |
| 6 | | that may be necessary to implement or manage an electronic |
| 7 | | motor vehicle liability insurance policy verification |
| 8 | | program; |
| 9 | | (7) a requirement that commercial lines of automobile |
| 10 | | insurance are excluded from the program, but may |
| 11 | | voluntarily report insurance coverage to the State. |
| 12 | | (b) In addition to the semi-annual verification of |
| 13 | | liability insurance under subsection (a) of this Section, the |
| 14 | | Secretary may select monthly verification for a motor vehicle |
| 15 | | owned or registered by a person: |
| 16 | | (1) whose motor vehicle registration during the |
| 17 | | preceding 4 years has been suspended under Section 7-606 |
| 18 | | or 7-607 of this Code; |
| 19 | | (2) who, during the preceding 4 years, has been |
| 20 | | convicted of violating Section 3-707, 3-708, or 3-710 of |
| 21 | | this Code while operating a vehicle owned by another |
| 22 | | person; |
| 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 a motor vehicle while the registration of the |
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| 1 | | vehicle under the previous owner was suspended under |
| 2 | | Section 7-606 or 7-607 of this Code; or |
| 3 | | (5) who, during the preceding 4 years, has received a |
| 4 | | disposition of court supervision under subsection (c) of |
| 5 | | Section 5-6-1 of the Unified Code of Corrections for a |
| 6 | | violation of Section 3-707, 3-708, or 3-710 of this Code. |
| 7 | | (c) Nothing in this Section provides the Secretary with |
| 8 | | regulatory authority over insurance companies. |
| 9 | | (d) The Secretary may contract with a private contractor |
| 10 | | to carry out the Secretary's duties under this Section. |
| 11 | | (e) Any information collected, stored, maintained, or |
| 12 | | referred to under this Section shall be used solely for the |
| 13 | | purpose of verifying whether a registered motor vehicle meets |
| 14 | | the requirements of Section 7-601 of this Code and shall be |
| 15 | | exempt from a records request or from inspection and copying |
| 16 | | under the Freedom of Information Act. A request for release of |
| 17 | | verification of liability insurance policy information from |
| 18 | | the Secretary shall require a court order, subpoena, or the |
| 19 | | motor vehicle owner's approval. |
| 20 | | (f) An insurer identified by an electronic motor vehicle |
| 21 | | liability insurance policy program as insuring less than 1,000 |
| 22 | | vehicles per year shall be exempt from the reporting |
| 23 | | requirements under subsection (a) of this Section. |
| 24 | | (g) The Secretary may adopt any rules necessary to |
| 25 | | implement this Section. |
| 26 | | (Source: P.A. 100-373, eff. 1-1-18.) |