99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB1944

 

Introduced 2/20/2015, by Sen. David Koehler

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 28/5
625 ILCS 28/10

    Amends the Uninsured Motorist Verification Advisory Committee Act. Provides that the Uninsured Motorist Verification Advisory Committee shall include technology experts, among other committee members, to assist in the design and implementation of a program for the electronic verification of motor vehicle liability insurance. Requires the committee to report to the General Assembly, on or before January 31, 2016 (rather than 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. Extends the repeal date of the Uninsured Motorist Verification Advisory Committee Act to July 1, 2017 (rather than 2016).


LRB099 09035 RJF 29222 b

 

 

A BILL FOR

 

SB1944LRB099 09035 RJF 29222 b

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 Uninsured Motorist Verification Advisory
5Committee Act is amended by changing Sections 5 and 10 as
6follows:
 
7    (625 ILCS 28/5)
8    (Section scheduled to be repealed on July 1, 2016)
9    Sec. 5. Uninsured Motorist Verification Advisory
10Committee.
11    (a) The Secretary shall establish and appoint an Uninsured
12Motorist Verification Advisory Committee consisting of
13representatives of the Department of Insurance, insurance
14companies authorized to sell motor vehicle liability insurance
15policies in this State, insurance producers, technology
16experts, and other interested parties as designated by the
17Secretary, to assist in the design and implementation of a
18program for the electronic verification of motor vehicle
19liability insurance for motor vehicles that are subject to
20Section 7-601 of the Illinois Vehicle Code.
21    (b) The Uninsured Motorist Verification Advisory Committee
22shall report to the General Assembly, on or before January 31,
232016 2015, with recommendations for the design and funding of a

 

 

SB1944- 2 -LRB099 09035 RJF 29222 b

1program for the electronic verification of motor vehicle
2liability insurance policies issued and in effect in the State
3and legislation to implement the program that includes at a
4minimum the elements in subsection (d) of this Section.
5    (c) Based on the recommendations of the Uninsured Motorist
6Verification Advisory Committee, the Secretary shall adopt
7rules to implement a program for the electronic verification of
8motor vehicle liability insurance by July January 1, 2016 if
9and only if appropriations are made funding the electronic
10verification database as recommended by the Uninsured Motorist
11Advisory Committee.
12    (d) The electronic motor vehicle liability insurance
13verification program shall have the following elements:
14        (1) a requirement that insurance companies authorized
15    to sell motor vehicle liability insurance in the State make
16    available, in a format designated by the Secretary, the
17    following information for each motor vehicle liability
18    insurance policy issued by the company:
19            (A) the name of policy holder;
20            (B) the make, model, year and vehicle
21        identification number of the covered vehicle;
22            (C) the policy number;
23            (D) the effective date of the policy; and
24            (E) the company's National Association of
25        Insurance Commissioners number;
26        (2) a method of searching for motor vehicle liability

 

 

SB1944- 3 -LRB099 09035 RJF 29222 b

1    insurance policies issued and in effect in the State by the
2    keys indicated in paragraph (1) of this subsection;
3        (3) a requirement that the Secretary verify the
4    existence of a liability insurance policy as required by
5    Section 7-601 of the Illinois Vehicle Code for every motor
6    vehicle registered in the Secretary's office at least once
7    every 12 months;
8        (4) a provision that if the Secretary is unable to
9    verify the existence of a liability insurance policy, then
10    the vehicle owner shall be sent a written notice giving the
11    owner 30 calendar days to provide evidence that the vehicle
12    was insured on the date of the attempted verification of
13    insurance, or evidence that the vehicle is no longer
14    operable;
15        (5) a provision that any vehicle owner who fails to
16    respond, or whose response indicates that his or her
17    operable vehicle was not covered by a liability insurance
18    policy in accordance with Section 7-601 of the Illinois
19    Vehicle Code, shall be deemed to have registered or
20    maintained registration of a motor vehicle in violation of
21    that Section, and the Secretary shall suspend the
22    registration of the vehicle; the vehicle owner shall be
23    required to pay a reinstatement fee of $100 and provide
24    proof of current insurance before the registration may be
25    reinstated under Section 7-606 of the Illinois Vehicle
26    Code; and

 

 

SB1944- 4 -LRB099 09035 RJF 29222 b

1        (6) a provision that if the owner responds to the
2    request for information by asserting that his or her
3    vehicle was covered by a liability insurance policy on the
4    date of verification stated in the Secretary's request,
5    then the Secretary may conduct a verification of the
6    response by furnishing the necessary information to the
7    insurer named in the response; the insurer shall within 7
8    calendar days inform the Secretary whether or not on the
9    date of verification the motor vehicle was insured by the
10    insurer in accordance with Section 7-601 of the Illinois
11    Vehicle Code; if the insurer does not confirm insurance was
12    in effect on the verification date, then the Secretary
13    shall suspend the owner's registration of the vehicle; the
14    vehicle owner shall be required to pay a reinstatement fee
15    of $100 and provide proof of current insurance before the
16    registration may be reinstated under Section 7-606 of the
17    Illinois Vehicle Code.
18    (e) In addition to the annual verification of liability
19insurance the Secretary may select for verification other
20vehicles, including, but not limited to, motor vehicles owned
21or registered by persons:
22        (1) whose motor vehicle registrations during the
23    preceding 4 years have been suspended under Section 7-606
24    or 7-607 of the Illinois Vehicle Code;
25        (2) who during the preceding 4 years have been
26    convicted of violating Section 3-707, 3-708, or 3-710 of

 

 

SB1944- 5 -LRB099 09035 RJF 29222 b

1    the Illinois Vehicle Code while operating vehicles owned by
2    other persons;
3        (3) whose driving privileges have been suspended
4    during the preceding 4 years;
5        (4) who during the preceding 4 years acquired ownership
6    of motor vehicles while the registrations of those vehicles
7    under the previous owners were suspended under Section
8    7-606 or 7-607 of the Illinois Vehicle Code; or
9        (5) who during the preceding 4 years have received a
10    disposition of supervision under subsection (c) of Section
11    5-6-1 of the Unified Code of Corrections for a violation of
12    Section 3-707, 3-708, or 3-710 of the Illinois Vehicle
13    Code.
14    (f) The Secretary shall not have regulatory authority over
15insurance companies. Regulatory authority over insurance
16companies shall remain with the Department of Insurance.
17(Source: P.A. 98-787, eff. 7-25-14.)
 
18    (625 ILCS 28/10)
19    (Section scheduled to be repealed on July 1, 2016)
20    Sec. 10. Expiration. This Act is repealed on July 1, 2017
212016.
22(Source: P.A. 98-787, eff. 7-25-14.)