SB1776 98TH GENERAL ASSEMBLY

LRB098 07836 MLW 37918 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB1776

Introduced 2/15/2013, by Sen. William R. Haine

SYNOPSIS AS INTRODUCED:

625 ILCS 5/7-604	from Ch. 95 1/2, par. 7-604
625 ILCS 5/7-612 new

Amends the Illinois Vehicle Code. Creates the previously uninsured motorist registry. Directs the Secretary of State to populate this registry with the identity of persons that have been convicted of violations of operating an uninsured motor vehicle, operating an uninsured motor vehicle while registration is suspended, and providing false insurance information, as well as the dates and locations of every conviction for these offense. Makes this registry available to law enforcement agencies. Provides that no one shall be removed from the registry until 4 years after their most recent conviction or administrative action for suspension of registration, whichever comes later. Provides for the Secretary of State to periodically request that persons in the registry provide evidence of valid, current insurance on their motor vehicles or have their vehicle registration suspended.

A BILL FOR

AN ACT concerning transportation.

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

Section 5. The Illinois Vehicle Code is amended by changing Section 7-604 and adding Section 7-612 as follows:

(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) (Blank); 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; or .

(6) who are listed in the Previously Uninsured Motorist Registry under Section 7-612 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.

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

(625 ILCS 5/7-612 new)

Sec. 7-612. Previously Uninsured Motorist Registry.

(a) Definitions. As used in this Section:

"Previously uninsured motorist" means a person that has been convicted of violating Section 3-707, 3-708, or 3-710 of this Code, whether or not they owned the vehicle being operated.

"Registry" means the electronic registry of previously uninsured motorists established under this Section.

(b) The Secretary of State shall, not later than July 1, 2014, establish an electronic registry of previously uninsured motorists to facilitate the random and periodic verification of compliance with the requirements of Section 7-601 of this Code. This registry shall include, at a minimum, the following information:

(1) the name, address, driver's license number, and social security number of the previously uninsured motorist; and

(2) each violation of Section 3-707, 3-708, or 3-710 for which the previously uninsured motorist received a conviction.

(c) The Secretary of State shall provide access to the registry to law enforcement agencies.

(d) The Secretary of State shall not remove the name of a previously uninsured motorist from the registry until 4 years after the later of the following:

(1) the date of the most recent conviction for violating Section 3-707, 3-708, or 3-710 of this Code; or

(2) if the Secretary of State took administrative action against the previously uninsured motorist under Section 7-606 of this Code, the date of termination of the registration suspension.