Full Text of HB5846 98th General Assembly
HB5846 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB5846 Introduced , by Rep. Michael W. Tryon 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 if the Secretary of State sends requests for information regarding liability insurance coverage to the owners of motor vehicles, these requests must be sent by certified mail.
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| | | FISCAL 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 | | Section 7-604 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) 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.
| 9 | | (b) Upon receiving certification from the Department of | 10 | | Transportation
under Section 7-201.2 of this Code of the name | 11 | | of an owner or operator of any
motor vehicle involved in an | 12 | | accident, the Secretary may verify whether or
not at the time | 13 | | of the accident such motor vehicle was covered by a
liability | 14 | | insurance policy in accordance with Section 7-601 of this Code.
| 15 | | (c) In preparation for selection of random samples and | 16 | | their
verification, the Secretary may send to owners of | 17 | | randomly selected motor
vehicles, or to randomly selected motor | 18 | | vehicle owners, requests for
information about their motor | 19 | | vehicles and liability
insurance coverage. The request shall | 20 | | require the owner to state whether
or not the motor vehicle was | 21 | | insured on the verification date stated in the
Secretary's | 22 | | request and the request may require, but is not limited to,
a | 23 | | statement by the owner of the names and addresses of insurers, | 24 | | policy
numbers, and expiration dates of insurance coverage. | 25 | | These requests must be sent by certified mail.
| 26 | | (d) Within 30 days after the Secretary mails a request, the |
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| 1 | | owner to
whom it is sent shall furnish the requested | 2 | | information to the Secretary
above the owner's signed | 3 | | affirmation that such information is true and
correct. Proof of | 4 | | insurance in effect on the verification date, as
prescribed by | 5 | | the Secretary, may be considered by the Secretary to be a
| 6 | | satisfactory response to the request for information.
| 7 | | Any owner whose response indicates that his or her vehicle | 8 | | was
not covered by a liability insurance policy in accordance | 9 | | with
Section 7-601 of this Code shall be deemed to have | 10 | | registered or maintained
registration of a motor vehicle in | 11 | | violation of that Section. Any owner who
fails to respond to | 12 | | such a request shall be deemed to have registered or
maintained | 13 | | registration of a motor vehicle in violation of Section
7-601 | 14 | | of this Code.
| 15 | | (e) If the owner responds to the request for information by | 16 | | asserting
that his or her vehicle was covered by a liability | 17 | | insurance policy on the
verification date stated in the | 18 | | Secretary's request, the Secretary may
conduct a verification | 19 | | of the response by furnishing necessary information
to the | 20 | | insurer named in the response. The insurer shall within
45 days
| 21 | | inform the Secretary whether or not on the verification date | 22 | | stated the
motor vehicle was insured by the insurer in | 23 | | accordance with Section 7-601
of this Code. The Secretary may | 24 | | by rule and regulation prescribe the
procedures for | 25 | | verification.
| 26 | | (f) No random sample selected under this Section shall be |
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| 1 | | categorized on
the basis of race, color, religion, sex, | 2 | | national origin, ancestry, age,
marital status, physical or | 3 | | mental disability, economic status
or geography.
| 4 | | (Source: P.A. 92-458, eff. 8-22-01.)
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