95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB0116


 
Introduced 1/19/2007, by Rep. Dave Winters
 
SYNOPSIS AS INTRODUCED:
 		














625 ILCS 5/7-604
  from Ch. 95 1/2, par. 7-604







    Amends the Illinois Vehicle Code. Provides that the Secretary of State shall provide that any request for verification of insurance coverage sent to a vehicle owner is in the form of a letter and is marked with sufficient indicia of authority to indicate the importance and the official nature of the document.
















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FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB0116

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    AN ACT concerning transportation.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Illinois Vehicle Code is amended  by changing 
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Section 7-604 as follows:
 



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    (625 ILCS 5/7-604)  (from Ch. 95 1/2, par. 7-604)



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    Sec. 7-604. Verification of liability insurance policy. 

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    (a) The Secretary of State may select random samples
of 
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registrations of motor vehicles subject to Section 7-601 of 
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this Code,
or owners thereof, for the purpose of verifying 
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whether or not the motor
vehicles are insured.

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    In addition to such general random samples of motor vehicle

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registrations, the Secretary may select for
verification other 
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random samples, including, but not limited to
registrations of 
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motor vehicles owned by persons:


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        (1) whose motor vehicle registrations during the 
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    preceding 4 years have
been suspended pursuant to Section 
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    7-606 or 7-607 of this Code;


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        (2) who during the preceding 4 years have been 
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    convicted of violating
Section 3-707, 3-708 or 3-710 of 
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    this Code while operating vehicles
owned by other persons;


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        (3) whose driving privileges have been suspended 
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    during the preceding 4
years;


 


 






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        (4) who during the preceding 4 years acquired ownership 
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    of motor
vehicles while the registrations of such vehicles 
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    under the previous owners
were suspended pursuant to 
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    Section 7-606 or 7-607 of this Code; or


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        (5) who during the preceding 4 years have received a 
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    disposition of
supervision under subsection (c) of Section 
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    5-6-1 of the Unified Code of
Corrections for a violation of 
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    Section 3-707, 3-708, or 3-710 of this Code.

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    (b) Upon receiving certification from the Department of 
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Transportation
under Section 7-201.2 of this Code of the name 
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of an owner or operator of any
motor vehicle involved in an 
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accident, the Secretary may verify whether or
not at the time 
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of the accident such motor vehicle was covered by a
liability 
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insurance policy in accordance with Section 7-601 of this Code.

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    (c) In preparation for selection of random samples and 
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their
verification, the Secretary may send to owners of 
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randomly selected motor
vehicles, or to randomly selected motor 
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vehicle owners, requests for
information about their motor 
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vehicles and liability
insurance coverage.  The request shall 
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require the owner to state whether
or not the motor vehicle was 
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insured on the verification date stated in the
Secretary's 
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request and the request may require, but is not limited to,
a 
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statement by the owner of the names and addresses of insurers, 
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policy
numbers, and expiration dates of insurance coverage.

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    (d) Within 30 days after the Secretary mails a request, the 
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owner to
whom it is sent shall furnish the requested 
 


 






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information to the Secretary
above the owner's signed 
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affirmation that such information is true and
correct.  Proof of 
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insurance in effect on the verification date, as
prescribed by 
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the Secretary, may be considered by the Secretary to be a

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satisfactory response to the request for information.

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    Any owner whose response indicates that his or her vehicle 
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was
not covered by a liability insurance policy in accordance 
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with
Section 7-601 of this Code shall be deemed to have 
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registered or maintained
registration of a motor vehicle in 
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violation of that Section. Any owner who
fails to respond to 
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such a request shall be deemed to have registered or
maintained 
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registration of a motor vehicle in violation of Section
7-601 
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of this Code.

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    (e) If the owner responds to the request for information by 
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asserting
that his or her vehicle was covered by a liability 
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insurance policy on the
verification date stated in the 
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Secretary's request, the Secretary may
conduct a verification 
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of the response by furnishing necessary information
to the 
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insurer named in the response.  The insurer shall within
45 days

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inform the Secretary whether or not on the verification date 
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stated the
motor vehicle was insured by the insurer in 
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accordance with Section 7-601
of this Code. The Secretary may 
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by rule and regulation prescribe the
procedures for 
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verification.

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    (f) No random sample selected under this Section shall be 
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categorized on
the basis of race, color, religion, sex, 
 


 






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national origin, ancestry, age,
marital status, physical or 
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mental disability, economic status
or geography.
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    (g) The Secretary shall provide that any request for 
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information sent under this Section is in the form of a letter 
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and is marked with sufficient indicia of authority to indicate 
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the importance and the official nature of the document.


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(Source: P.A. 92-458, eff. 8-22-01.)