Full Text of SB0467 99th General Assembly
SB0467sam001 99TH GENERAL ASSEMBLY | Sen. Antonio Muñoz Filed: 5/4/2016
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| 1 | | AMENDMENT TO SENATE BILL 467
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 467 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Vehicle Code is amended by | 5 | | changing Section 7-604, 7-607 and by adding Section 7-604.5 as | 6 | | follows:
| 7 | | (625 ILCS 5/7-604) (from Ch. 95 1/2, par. 7-604)
| 8 | | (Section scheduled to be repealed on December 31, 2016) | 9 | | Sec. 7-604. Verification of liability insurance policy.
| 10 | | (a) The Secretary of State may select random samples
of | 11 | | registrations of motor vehicles subject to Section 7-601 of | 12 | | this Code,
or owners thereof, for the purpose of verifying | 13 | | whether or not the motor
vehicles are insured.
| 14 | | In addition to such general random samples of motor vehicle
| 15 | | registrations, the Secretary may select for
verification other | 16 | | random samples, including, but not limited to
registrations of |
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| 1 | | motor vehicles owned by persons:
| 2 | | (1) whose motor vehicle registrations during the | 3 | | preceding 4 years have
been suspended pursuant to Section | 4 | | 7-606 or 7-607 of this Code;
| 5 | | (2) who during the preceding 4 years have been | 6 | | convicted of violating
Section 3-707, 3-708 or 3-710 of | 7 | | this Code while operating vehicles
owned by other persons;
| 8 | | (3) whose driving privileges have been suspended | 9 | | during the preceding 4
years;
| 10 | | (4) who during the preceding 4 years acquired ownership | 11 | | of motor
vehicles while the registrations of such vehicles | 12 | | under the previous owners
were suspended pursuant to | 13 | | Section 7-606 or 7-607 of this Code; or
| 14 | | (5) who during the preceding 4 years have received a | 15 | | disposition of
supervision under subsection (c) of Section | 16 | | 5-6-1 of the Unified Code of
Corrections for a violation of | 17 | | Section 3-707, 3-708, or 3-710 of this Code.
| 18 | | (b) Upon receiving certification from the Department of | 19 | | Transportation
under Section 7-201.2 of this Code of the name | 20 | | of an owner or operator of any
motor vehicle involved in an | 21 | | accident, the Secretary may verify whether or
not at the time | 22 | | of the accident such motor vehicle was covered by a
liability | 23 | | insurance policy in accordance with Section 7-601 of this Code.
| 24 | | (c) In preparation for selection of random samples and | 25 | | their
verification, the Secretary may send to owners of | 26 | | randomly selected motor
vehicles, or to randomly selected motor |
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| 1 | | vehicle owners, requests for
information about their motor | 2 | | vehicles and liability
insurance coverage. The request shall | 3 | | require the owner to state whether
or not the motor vehicle was | 4 | | insured on the verification date stated in the
Secretary's | 5 | | request and the request may require, but is not limited to,
a | 6 | | statement by the owner of the names and addresses of insurers, | 7 | | policy
numbers, and expiration dates of insurance coverage.
| 8 | | (d) Within 30 days after the Secretary mails a request, the | 9 | | owner to
whom it is sent shall furnish the requested | 10 | | information to the Secretary
above the owner's signed | 11 | | affirmation that such information is true and
correct. Proof of | 12 | | insurance in effect on the verification date, as
prescribed by | 13 | | the Secretary, may be considered by the Secretary to be a
| 14 | | satisfactory response to the request for information.
| 15 | | Any owner whose response indicates that his or her vehicle | 16 | | was
not covered by a liability insurance policy in accordance | 17 | | with
Section 7-601 of this Code shall be deemed to have | 18 | | registered or maintained
registration of a motor vehicle in | 19 | | violation of that Section. Any owner who
fails to respond to | 20 | | such a request shall be deemed to have registered or
maintained | 21 | | registration of a motor vehicle in violation of Section
7-601 | 22 | | of this Code.
| 23 | | (e) If the owner responds to the request for information by | 24 | | asserting
that his or her vehicle was covered by a liability | 25 | | insurance policy on the
verification date stated in the | 26 | | Secretary's request, the Secretary may
conduct a verification |
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| 1 | | of the response by furnishing necessary information
to the | 2 | | insurer named in the response. The insurer shall within
45 days
| 3 | | inform the Secretary whether or not on the verification date | 4 | | stated the
motor vehicle was insured by the insurer in | 5 | | accordance with Section 7-601
of this Code. The Secretary may | 6 | | by rule and regulation prescribe the
procedures for | 7 | | verification.
| 8 | | (f) No random sample selected under this Section shall be | 9 | | categorized on
the basis of race, color, religion, sex, | 10 | | national origin, ancestry, age,
marital status, physical or | 11 | | mental disability, economic status
or geography.
| 12 | | (f-5) This Section shall be inoperative upon the effective | 13 | | date of the rules adopted by the Secretary to implement Section | 14 | | 7-604.5 of this Code. | 15 | | (g) This Section is repealed on December 31, 2016. | 16 | | (Source: P.A. 98-787, eff. 7-25-14; 99-333, eff. 12-30-15 (see | 17 | | Section 15 of P.A. 99-483 for the effective date of changes | 18 | | made by P.A. 99-333) .)
| 19 | | (625 ILCS 5/7-604.5 new) | 20 | | Sec. 7-604.5. Electronic verification of a liability | 21 | | insurance policy. | 22 | | (a) The Secretary may implement a program of electronic | 23 | | motor vehicle liability insurance policy verification for | 24 | | motor vehicles subject to Section 7-601 of this Code for the | 25 | | purpose of verifying whether or not the motor vehicle is |
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| 1 | | insured. The program shall include, but is not limited to: | 2 | | (1) a requirement that an insurance company authorized | 3 | | to sell motor vehicle liability insurance in this State | 4 | | shall make available, in a format designated by the | 5 | | Secretary, to the Secretary for each motor vehicle | 6 | | liability insurance policy issued by the company the | 7 | | following information: | 8 | | (A) the name of the policy holder; | 9 | | (B) the make, model, year, and vehicle | 10 | | identification number of the covered motor vehicle; | 11 | | (C) the policy number; | 12 | | (D) the policy effective date; | 13 | | (E) the insurance company's National Association | 14 | | of Insurance Commissioners number; and | 15 | | (F) any other information the Secretary deems | 16 | | necessary; | 17 | | (2) a method for searching motor vehicle liability | 18 | | insurance policies issued and in effect in this State by | 19 | | using the information under subparagraphs (A), (B), or (C) | 20 | | of paragraph (1) of this subsection (a); | 21 | | (3) a requirement that at least twice per calendar | 22 | | year, the Secretary shall verify the existence of a | 23 | | liability insurance policy for every registered motor | 24 | | vehicle subject to Section 7-601 of this Code; and if the | 25 | | Secretary is unable to verify the existence of a liability | 26 | | insurance policy, the Secretary shall send the vehicle |
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| 1 | | owner a written notice allowing the vehicle owner 30 | 2 | | calendar days to provide proof of insurance on the date of | 3 | | the attempted verification, or to provide proof that the | 4 | | vehicle is no longer operable; | 5 | | (4) a requirement that a vehicle owner who does not | 6 | | provide proof of insurance or proof of an inoperable | 7 | | vehicle under paragraph (3) of this subsection (a) shall be | 8 | | in violation of Section 7-601 of this Code and the | 9 | | Secretary shall suspend the vehicle's registration and the | 10 | | owner of the vehicle shall pay any applicable reinstatement | 11 | | fees under Section 7-606 of this Code; and | 12 | | (5) a requirement that if a vehicle owner provides | 13 | | proof of insurance on the date of the attempted | 14 | | verification under paragraph (3) of this subsection (a), | 15 | | the Secretary shall verify the vehicle owner's response by | 16 | | furnishing necessary information to the insurance company. | 17 | | Within 7 calendar days of receiving the information, the | 18 | | insurance company shall confirm and notify the Secretary | 19 | | the dates of the motor vehicle's insurance coverage. If the | 20 | | insurance company does not confirm coverage for the date of | 21 | | the attempted verification, the Secretary shall suspend | 22 | | the vehicle's registration and the owner of the vehicle | 23 | | shall pay any applicable reinstatement fees under Section | 24 | | 7-606 of this Code. | 25 | | (b) In addition to the semi-annual verification of | 26 | | liability insurance under subsection (a) of this Section, the |
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| 1 | | Secretary may select monthly verification for a motor vehicle, | 2 | | including, but not limited to, a motor vehicle owned or | 3 | | operated by a person: | 4 | | (1) whose motor vehicle registration during the | 5 | | preceding 4 years has been suspended under Section 7-606 or | 6 | | 7-607 of this Code; | 7 | | (2) who, during the preceding 4 years, has been | 8 | | convicted of violating Section 3-707, 3-708, or 3-710 of | 9 | | this Code while operating a vehicle owned by another | 10 | | person; | 11 | | (3) whose driving privileges have been suspended | 12 | | during the preceding 4 years; | 13 | | (4) who, during the preceding 4 years, acquired | 14 | | ownership of a motor vehicle while the registration of the | 15 | | vehicle under the previous owner was suspended under | 16 | | Section 7-606 or 7-607 of this Code; or | 17 | | (5) who, during the preceding 4 years, has received a | 18 | | disposition of supervision under subsection (c) of Section | 19 | | 5-6-1 of the Unified Code of Corrections for a violation of | 20 | | Section 3-707, 3-708, or 3-710 of this Code. | 21 | | (c) The Secretary may contract with a private contractor to | 22 | | carry out the Secretary's duties under this Section. | 23 | | (d) Nothing in this Section provides the Secretary with | 24 | | regulatory authority over insurance companies. | 25 | | (e) The Secretary may adopt any rules necessary to | 26 | | implement this Section.
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| 1 | | (625 ILCS 5/7-607) (from Ch. 95 1/2, par. 7-607)
| 2 | | Sec. 7-607. Submission of false proof - penalty. If the | 3 | | Secretary
determines that the proof of insurance submitted by a | 4 | | motor vehicle owner
under Section 7-604, 7-604.5, 7-605 or | 5 | | 7-606 of this Code is false, the
Secretary shall suspend the | 6 | | owner's vehicle registration. The Secretary
shall terminate | 7 | | the suspension 6 months after its effective date upon
payment | 8 | | by the owner of a reinstatement fee of $200 and submission of | 9 | | proof
of insurance as prescribed by the Secretary.
| 10 | | All fees collected under this Section shall be disbursed | 11 | | under subsection (g) of Section 2-119 of this Code.
| 12 | | (Source: P.A. 99-127, eff. 1-1-16 .)
| 13 | | Section 96. No revival or extension. This Act does not | 14 | | revive or extend any Section or Act otherwise repealed.".
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