Illinois General Assembly - Full Text of SB1776
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Full Text of SB1776  98th General Assembly




State of Illinois
2013 and 2014


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


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.

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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
5Section 7-604 and adding Section 7-612 as follows:
6    (625 ILCS 5/7-604)  (from Ch. 95 1/2, par. 7-604)
7    Sec. 7-604. Verification of liability insurance policy.
8    (a) The Secretary of State may select random samples of
9registrations of motor vehicles subject to Section 7-601 of
10this Code, or owners thereof, for the purpose of verifying
11whether or not the motor vehicles are insured.
12    In addition to such general random samples of motor vehicle
13registrations, the Secretary may select for verification other
14random samples, including, but not limited to registrations of
15motor vehicles owned by persons:
16        (1) whose motor vehicle registrations during the
17    preceding 4 years have been suspended pursuant to Section
18    7-606 or 7-607 of this Code;
19        (2) (Blank); who during the preceding 4 years have been
20    convicted of violating Section 3-707, 3-708 or 3-710 of
21    this Code while operating vehicles owned by other persons;
22        (3) whose driving privileges have been suspended
23    during the preceding 4 years;



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1        (4) who during the preceding 4 years acquired ownership
2    of motor vehicles while the registrations of such vehicles
3    under the previous owners were suspended pursuant to
4    Section 7-606 or 7-607 of this Code; or
5        (5) who during the preceding 4 years have received a
6    disposition of supervision under subsection (c) of Section
7    5-6-1 of the Unified Code of Corrections for a violation of
8    Section 3-707, 3-708, or 3-710 of this Code; or .
9        (6) who are listed in the Previously Uninsured Motorist
10    Registry under Section 7-612 of this Code.
11    (b) Upon receiving certification from the Department of
12Transportation under Section 7-201.2 of this Code of the name
13of an owner or operator of any motor vehicle involved in an
14accident, the Secretary may verify whether or not at the time
15of the accident such motor vehicle was covered by a liability
16insurance policy in accordance with Section 7-601 of this Code.
17    (c) In preparation for selection of random samples and
18their verification, the Secretary may send to owners of
19randomly selected motor vehicles, or to randomly selected motor
20vehicle owners, requests for information about their motor
21vehicles and liability insurance coverage. The request shall
22require the owner to state whether or not the motor vehicle was
23insured on the verification date stated in the Secretary's
24request and the request may require, but is not limited to, a
25statement by the owner of the names and addresses of insurers,
26policy numbers, and expiration dates of insurance coverage.



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1    (d) Within 30 days after the Secretary mails a request, the
2owner to whom it is sent shall furnish the requested
3information to the Secretary above the owner's signed
4affirmation that such information is true and correct. Proof of
5insurance in effect on the verification date, as prescribed by
6the Secretary, may be considered by the Secretary to be a
7satisfactory response to the request for information.
8    Any owner whose response indicates that his or her vehicle
9was not covered by a liability insurance policy in accordance
10with Section 7-601 of this Code shall be deemed to have
11registered or maintained registration of a motor vehicle in
12violation of that Section. Any owner who fails to respond to
13such a request shall be deemed to have registered or maintained
14registration of a motor vehicle in violation of Section 7-601
15of this Code.
16    (e) If the owner responds to the request for information by
17asserting that his or her vehicle was covered by a liability
18insurance policy on the verification date stated in the
19Secretary's request, the Secretary may conduct a verification
20of the response by furnishing necessary information to the
21insurer named in the response. The insurer shall within 45 days
22inform the Secretary whether or not on the verification date
23stated the motor vehicle was insured by the insurer in
24accordance with Section 7-601 of this Code. The Secretary may
25by rule and regulation prescribe the procedures for



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1    (f) No random sample selected under this Section shall be
2categorized on the basis of race, color, religion, sex,
3national origin, ancestry, age, marital status, physical or
4mental disability, economic status or geography.
5(Source: P.A. 92-458, eff. 8-22-01.)
6    (625 ILCS 5/7-612 new)
7    Sec. 7-612. Previously Uninsured Motorist Registry.
8    (a) Definitions. As used in this Section:
9        "Previously uninsured motorist" means a person that
10    has been convicted of violating Section 3-707, 3-708, or
11    3-710 of this Code, whether or not they owned the vehicle
12    being operated.
13        "Registry" means the electronic registry of previously
14    uninsured motorists established under this Section.
15    (b) The Secretary of State shall, not later than July 1,
162014, establish an electronic registry of previously uninsured
17motorists to facilitate the random and periodic verification of
18compliance with the requirements of Section 7-601 of this Code.
19This registry shall include, at a minimum, the following
21        (1) the name, address, driver's license number, and
22    social security number of the previously uninsured
23    motorist; and
24        (2) each violation of Section 3-707, 3-708, or 3-710
25    for which the previously uninsured motorist received a



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1    conviction.
2    (c) The Secretary of State shall provide access to the
3registry to law enforcement agencies.
4    (d) The Secretary of State shall not remove the name of a
5previously uninsured motorist from the registry until 4 years
6after the later of the following:
7        (1) the date of the most recent conviction for
8    violating Section 3-707, 3-708, or 3-710 of this Code; or
9        (2) if the Secretary of State took administrative
10    action against the previously uninsured motorist under
11    Section 7-606 of this Code, the date of termination of the
12    registration suspension.