Full Text of SB1776 98th General Assembly
SB1776 98TH GENERAL ASSEMBLY |
| | 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 | |
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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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| | 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 | | Section 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 | 9 | | registrations of motor vehicles subject to Section 7-601 of | 10 | | this Code,
or owners thereof, for the purpose of verifying | 11 | | whether or not the motor
vehicles are insured.
| 12 | | In addition to such general random samples of motor vehicle
| 13 | | registrations, the Secretary may select for
verification other | 14 | | random samples, including, but not limited to
registrations of | 15 | | motor 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 | 12 | | Transportation
under Section 7-201.2 of this Code of the name | 13 | | of an owner or operator of any
motor vehicle involved in an | 14 | | accident, the Secretary may verify whether or
not at the time | 15 | | of the accident such motor vehicle was covered by a
liability | 16 | | insurance policy in accordance with Section 7-601 of this Code.
| 17 | | (c) In preparation for selection of random samples and | 18 | | their
verification, the Secretary may send to owners of | 19 | | randomly selected motor
vehicles, or to randomly selected motor | 20 | | vehicle owners, requests for
information about their motor | 21 | | vehicles and liability
insurance coverage. The request shall | 22 | | require the owner to state whether
or not the motor vehicle was | 23 | | insured on the verification date stated in the
Secretary's | 24 | | request and the request may require, but is not limited to,
a | 25 | | statement by the owner of the names and addresses of insurers, | 26 | | policy
numbers, and expiration dates of insurance coverage.
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| 1 | | (d) Within 30 days after the Secretary mails a request, the | 2 | | owner to
whom it is sent shall furnish the requested | 3 | | information to the Secretary
above the owner's signed | 4 | | affirmation that such information is true and
correct. Proof of | 5 | | insurance in effect on the verification date, as
prescribed by | 6 | | the Secretary, may be considered by the Secretary to be a
| 7 | | satisfactory response to the request for information.
| 8 | | Any owner whose response indicates that his or her vehicle | 9 | | was
not covered by a liability insurance policy in accordance | 10 | | with
Section 7-601 of this Code shall be deemed to have | 11 | | registered or maintained
registration of a motor vehicle in | 12 | | violation of that Section. Any owner who
fails to respond to | 13 | | such a request shall be deemed to have registered or
maintained | 14 | | registration of a motor vehicle in violation of Section
7-601 | 15 | | of this Code.
| 16 | | (e) If the owner responds to the request for information by | 17 | | asserting
that his or her vehicle was covered by a liability | 18 | | insurance policy on the
verification date stated in the | 19 | | Secretary's request, the Secretary may
conduct a verification | 20 | | of the response by furnishing necessary information
to the | 21 | | insurer named in the response. The insurer shall within
45 days
| 22 | | inform the Secretary whether or not on the verification date | 23 | | stated the
motor vehicle was insured by the insurer in | 24 | | accordance with Section 7-601
of this Code. The Secretary may | 25 | | by rule and regulation prescribe the
procedures for | 26 | | verification.
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| 1 | | (f) No random sample selected under this Section shall be | 2 | | categorized on
the basis of race, color, religion, sex, | 3 | | national origin, ancestry, age,
marital status, physical or | 4 | | mental 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, | 16 | | 2014, establish an electronic registry of previously uninsured | 17 | | motorists to facilitate the random and periodic verification of | 18 | | compliance with the requirements of Section 7-601 of this Code. | 19 | | This registry shall include, at a minimum, the following | 20 | | information: | 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 | 3 | | registry to law enforcement agencies. | 4 | | (d) The Secretary of State shall not remove the name of a | 5 | | previously uninsured motorist from the registry until 4 years | 6 | | after 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.
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