Full Text of HB2349 094th General Assembly
HB2349 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB2349
Introduced 2/16/2005, by Rep. David R. Leitch SYNOPSIS AS INTRODUCED: |
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625 ILCS 5/7-604 |
from Ch. 95 1/2, par. 7-604 |
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Amends the Illinois Vehicle Code. Provides that, in sending requests to randomly selected vehicle owners for insurance coverage information, the Secretary of State must use registered mail.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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HB2349 |
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LRB094 10120 DRH 40381 b |
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| AN ACT concerning vehicles.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Vehicle Code is amended by changing | 5 |
| Section 7-604 as follows:
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| (625 ILCS 5/7-604) (from Ch. 95 1/2, par. 7-604)
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| Sec. 7-604. Verification of liability insurance policy.
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| (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.
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| In addition to such general random samples of motor vehicle
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| registrations, the Secretary may select for
verification other | 14 |
| random samples, including, but not limited to
registrations of | 15 |
| motor vehicles owned by persons:
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| (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;
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| (2) 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;
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| (3) whose driving privileges have been suspended | 23 |
| during the preceding 4
years;
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| (4) who during the preceding 4 years acquired ownership | 25 |
| of motor
vehicles while the registrations of such vehicles | 26 |
| under the previous owners
were suspended pursuant to | 27 |
| Section 7-606 or 7-607 of this Code; or
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| (5) who during the preceding 4 years have received a | 29 |
| disposition of
supervision under subsection (c) of Section | 30 |
| 5-6-1 of the Unified Code of
Corrections for a violation of | 31 |
| Section 3-707, 3-708, or 3-710 of this Code.
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| (b) Upon receiving certification from the Department of |
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HB2349 |
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LRB094 10120 DRH 40381 b |
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| Transportation
under Section 7-201.2 of this Code of the name | 2 |
| of an owner or operator of any
motor vehicle involved in an | 3 |
| accident, the Secretary may verify whether or
not at the time | 4 |
| of the accident such motor vehicle was covered by a
liability | 5 |
| insurance policy in accordance with Section 7-601 of this Code.
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| (c) In preparation for selection of random samples and | 7 |
| their
verification, the Secretary may send by registered mail | 8 |
| to owners of randomly selected motor
vehicles, or to randomly | 9 |
| selected motor vehicle owners, requests for
information about | 10 |
| their motor vehicles and liability
insurance coverage. The | 11 |
| request shall require the owner to state whether
or not the | 12 |
| motor vehicle was insured on the verification date stated in | 13 |
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Secretary's request and the request may require, but is not | 14 |
| limited to,
a statement by the owner of the names and addresses | 15 |
| of insurers, policy
numbers, and expiration dates of insurance | 16 |
| coverage.
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| (d) Within 30 days after the Secretary mails a request, the | 18 |
| owner to
whom it is sent shall furnish the requested | 19 |
| information to the Secretary
above the owner's signed | 20 |
| affirmation that such information is true and
correct. Proof of | 21 |
| insurance in effect on the verification date, as
prescribed by | 22 |
| the Secretary, may be considered by the Secretary to be a
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| satisfactory response to the request for information.
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| Any owner whose response indicates that his or her vehicle | 25 |
| was
not covered by a liability insurance policy in accordance | 26 |
| with
Section 7-601 of this Code shall be deemed to have | 27 |
| registered or maintained
registration of a motor vehicle in | 28 |
| violation of that Section. Any owner who
fails to respond to | 29 |
| such a request shall be deemed to have registered or
maintained | 30 |
| registration of a motor vehicle in violation of Section
7-601 | 31 |
| of this Code.
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| (e) If the owner responds to the request for information by | 33 |
| asserting
that his or her vehicle was covered by a liability | 34 |
| insurance policy on the
verification date stated in the | 35 |
| Secretary's request, the Secretary may
conduct a verification | 36 |
| of the response by furnishing necessary information
to the |
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HB2349 |
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LRB094 10120 DRH 40381 b |
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| insurer named in the response. The insurer shall within
45 days
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| inform the Secretary whether or not on the verification date | 3 |
| stated the
motor vehicle was insured by the insurer in | 4 |
| accordance with Section 7-601
of this Code. The Secretary may | 5 |
| by rule and regulation prescribe the
procedures for | 6 |
| verification.
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| (f) No random sample selected under this Section shall be | 8 |
| categorized on
the basis of race, color, religion, sex, | 9 |
| national origin, ancestry, age,
marital status, physical or | 10 |
| mental disability, economic status
or geography.
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| (Source: P.A. 92-458, eff. 8-22-01.)
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