Full Text of HB1230 97th General Assembly
HB1230 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB1230 Introduced 02/08/11, by Rep. Rita Mayfield SYNOPSIS AS INTRODUCED: |
| 625 ILCS 5/6-601 | from Ch. 95 1/2, par. 6-601 | 625 ILCS 5/7-602 | from Ch. 95 1/2, par. 7-602 |
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Amends the Illinois Vehicle Code. Provides that no unit of government, including a home rule unit of government, may tow a vehicle solely for the failure or refusal of a driver of a vehicle to display a valid insurance card or driver's license upon request. Limits home rule powers.
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| | | HOME RULE NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Vehicle Code is amended by changing | 5 | | Sections 6-601 and 7-602 as follows:
| 6 | | (625 ILCS 5/6-601) (from Ch. 95 1/2, par. 6-601)
| 7 | | Sec. 6-601. Penalties.
| 8 | | (a) It is a petty offense for any person to violate any of | 9 | | the
provisions of this Chapter unless such violation is by this | 10 | | Code or other
law of this State declared to be a misdemeanor or | 11 | | a felony.
| 12 | | (b) General penalties. Unless another penalty is in this | 13 | | Code
or other laws of this State, every person convicted of a | 14 | | petty
offense for the violation of any provision of this | 15 | | Chapter shall be
punished by a fine of not more than $500.
| 16 | | (c) Unlicensed driving. Except as hereinafter provided a | 17 | | violation
of Section 6-101 shall be:
| 18 | | 1. A Class A misdemeanor if the person failed to obtain | 19 | | a driver's
license or permit after expiration of a period | 20 | | of revocation.
| 21 | | 2. A Class B misdemeanor if the person has been issued | 22 | | a driver's license
or permit, which has expired, and if the | 23 | | period of expiration is greater than
one year; or if the |
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| 1 | | person has never been issued a driver's license or permit,
| 2 | | or is not qualified to obtain a driver's license or permit | 3 | | because of his age.
| 4 | | If a licensee under this Code is convicted of violating | 5 | | Section 6-303 for
operating a motor vehicle during a time when | 6 | | such licensee's driver's license
was suspended under the | 7 | | provisions of Section 6-306.3, then such act shall be
a petty | 8 | | offense (provided the licensee has answered the charge which | 9 | | was the
basis of the suspension under Section 6-306.3), and | 10 | | there shall be imposed no
additional like period of suspension | 11 | | as provided in paragraph (b) of Section
6-303.
| 12 | | (d) No unit of government, including a home rule unit of | 13 | | government, may authorize the towing of a vehicle solely for | 14 | | failure or refusal to display a driver's license upon request | 15 | | of a law enforcement officer. This subsection is a
denial and | 16 | | limitation of home rule powers and
functions under subsection | 17 | | (h) of Section 6 of
Article VII of the Illinois Constitution. | 18 | | (Source: P.A. 96-607, eff. 8-24-09.)
| 19 | | (625 ILCS 5/7-602) (from Ch. 95 1/2, par. 7-602)
| 20 | | Sec. 7-602. Insurance card. Every operator of a motor | 21 | | vehicle subject
to Section 7-601 of this Code shall carry | 22 | | within the vehicle evidence of
insurance. The evidence shall be | 23 | | legible and sufficient to demonstrate
that the motor vehicle | 24 | | currently is covered by a liability insurance policy
as | 25 | | required under Section 7-601 of this Code and may include, but |
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| 1 | | is not
limited to, the following:
| 2 | | (a) an insurance card provided by the insurer under | 3 | | this Section;
| 4 | | (b) the combination of proof of purchase of the motor | 5 | | vehicle within
the previous 60 days and a current insurance | 6 | | card issued for the motor
vehicle replaced by such | 7 | | purchase;
| 8 | | (c) the current declarations page of a liability
| 9 | | insurance policy;
| 10 | | (d) a liability insurance binder, certificate
of | 11 | | liability insurance or receipt for payment to an insurer or | 12 | | its
authorized representative for a liability insurance | 13 | | premium, provided such
document contains all information | 14 | | the Secretary of State by rule and
regulation may require;
| 15 | | (e) a current rental agreement;
| 16 | | (f) registration plates, registration sticker or other | 17 | | evidence of
registration issued by the Secretary only upon | 18 | | submission of proof of
liability insurance pursuant to this | 19 | | Code;
| 20 | | (g) a certificate, decal, or other document or device | 21 | | issued by a
governmental agency for a motor vehicle | 22 | | indicating the vehicle is insured
for liability pursuant to | 23 | | law.
| 24 | | An insurance card shall be provided for each motor
vehicle | 25 | | insured by the insurer issuing the liability insurance policy.
| 26 | | The form, contents and manner of issuance of the insurance |
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| 1 | | card shall be
prescribed by rules and regulations of the | 2 | | Secretary of State. The Secretary shall adopt rules requiring | 3 | | that reasonable measures be taken to prevent the fraudulent | 4 | | production of insurance cards. The
insurance card shall display | 5 | | an effective date and an expiration date
covering a period of | 6 | | time not to exceed 12 months. The insurance card
shall contain | 7 | | the following disclaimer: "Examine policy exclusions
| 8 | | carefully. This form does not constitute any part of your | 9 | | insurance policy."
If the insurance policy represented by the | 10 | | insurance card does
not cover any driver operating the motor | 11 | | vehicle with the owner's
permission, or the owner when | 12 | | operating a motor vehicle other than the
vehicle for which the | 13 | | policy is issued, the insurance card shall
contain a warning of | 14 | | such limitations in the coverage provided by the
policy.
| 15 | | No insurer shall issue a card, similar in appearance, form | 16 | | and content
to the insurance card required under this Section, | 17 | | in connection with an
insurance policy that does not provide | 18 | | the liability insurance coverage
required under Section 7-601 | 19 | | of this Code.
| 20 | | The evidence of insurance shall be displayed upon request | 21 | | made by any law
enforcement officer wearing a uniform or | 22 | | displaying a badge or other sign
of authority. Any person who | 23 | | fails or refuses to comply with such request
is in violation of | 24 | | Section 3-707 of this Code. Any person who displays
evidence of | 25 | | insurance, knowing there is no valid liability insurance in
| 26 | | effect on the motor vehicle as required under Section 7-601 of |
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| 1 | | this Code or
knowing the evidence of insurance is illegally | 2 | | altered, counterfeit or
otherwise invalid, is in violation of | 3 | | Section 3-710 of this Code.
| 4 | | "Display" means the manual surrender of the evidence of | 5 | | insurance into
the hands of the law enforcement officer, court, | 6 | | or officer of the court
making the request for the
officer's, | 7 | | court's, or officer of the court's inspection thereof.
| 8 | | No unit of government, including a home rule unit of | 9 | | government, may authorize the towing of a vehicle solely for | 10 | | failure to display evidence of insurance upon request. This is | 11 | | a
denial and limitation of home rule powers and
functions under | 12 | | subsection (h) of Section 6 of
Article VII of the Illinois | 13 | | Constitution. | 14 | | (Source: P.A. 93-719, eff. 1-1-05.)
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