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Public Act 102-1069


 

Public Act 1069 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-1069
 
HB4825 EnrolledLRB102 20908 RAM 34088 b

    AN ACT concerning transportation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Vehicle Code is amended by
changing Section 3-405 and by adding Section 3-405.5 as
follows:
 
    (625 ILCS 5/3-405)  (from Ch. 95 1/2, par. 3-405)
    Sec. 3-405. Application for registration.
    (a) Every owner of a vehicle subject to registration under
this Code shall make application to the Secretary of State for
the registration of such vehicle upon the appropriate form or
forms furnished by the Secretary. Every such original
application shall bear the signature of the owner written with
pen and ink and contain:
        1. The name, domicile address, as defined in Section
    1-115.5 of this Code, (except as otherwise provided in
    this paragraph 1), mail address of the owner or business
    address of the owner if a firm, association, or
    corporation, and, if available, email address of the
    owner. If the mailing address is a post office box number,
    the address listed on the driver license record may be
    used to verify residence. A police officer, a deputy
    sheriff, an elected sheriff, a law enforcement officer for
    the Illinois State Police, a fire investigator, a state's
    attorney, an assistant state's attorney, a state's
    attorney special investigator, or a judicial officer may
    elect to furnish the address of the headquarters of the
    governmental entity, police district, or business address
    where he or she works instead of his or her domicile
    address, in which case that address shall be deemed to be
    his or her domicile address for all purposes under this
    Chapter 3. The spouse and children of a person who may
    elect under this paragraph 1 to furnish the address of the
    headquarters of the government entity, police district, or
    business address where the person works instead of the
    person's domicile address may, if they reside with that
    person, also elect to furnish the address of the
    headquarters of the government entity, police district, or
    business address where the person works as their domicile
    address, in which case that address shall be deemed to be
    their domicile address for all purposes under this Chapter
    3. In this paragraph 1: (A) "police officer" has the
    meaning ascribed to "policeman" in Section 10-3-1 of the
    Illinois Municipal Code; (B) "deputy sheriff" means a
    deputy sheriff appointed under Section 3-6008 of the
    Counties Code; (C) "elected sheriff" means a sheriff
    commissioned pursuant to Section 3-6001 of the Counties
    Code; (D) "fire investigator" means a person classified as
    a peace officer under the Peace Officer Fire Investigation
    Act; (E) "state's attorney", "assistant state's attorney",
    and "state's attorney special investigator" mean a state's
    attorney, assistant state's attorney, and state's attorney
    special investigator commissioned or appointed under
    Division 3-9 of the Counties Code; and (F) "judicial
    officer" has the meaning ascribed to it in Section 1-10 of
    the Judicial Privacy Act.
        2. A description of the vehicle, including such
    information as is required in an application for a
    certificate of title, determined under such standard
    rating as may be prescribed by the Secretary.
        3. (Blank).
        3.5. A space for a voluntary disclosure of a condition
    that impedes effective communication under Section
    3-405.5.
        4. Such further information as may reasonably be
    required by the Secretary to enable him to determine
    whether the vehicle is lawfully entitled to registration
    and the owner entitled to a certificate of title.
        5. An affirmation by the applicant that all
    information set forth is true and correct. If the
    application is for the registration of a motor vehicle,
    the applicant also shall affirm that the motor vehicle is
    insured as required by this Code, that such insurance will
    be maintained throughout the period for which the motor
    vehicle shall be registered, and that neither the owner,
    nor any person operating the motor vehicle with the
    owner's permission, shall operate the motor vehicle unless
    the required insurance is in effect. If the person signing
    the affirmation is not the sole owner of the vehicle, such
    person shall be deemed to have affirmed on behalf of all
    the owners of the vehicle. If the person signing the
    affirmation is not an owner of the vehicle, such person
    shall be deemed to have affirmed on behalf of the owner or
    owners of the vehicle. The lack of signature on the
    application shall not in any manner exempt the owner or
    owners from any provisions, requirements or penalties of
    this Code.
    (b) When such application refers to a new vehicle
purchased from a dealer the application shall be accompanied
by a Manufacturer's Statement of Origin from the dealer, and a
statement showing any lien retained by the dealer.
(Source: P.A. 102-538, eff. 8-20-21.)
 
    (625 ILCS 5/3-405.5 new)
    Sec. 3-405.5. Registration by an owner with a condition
that impedes effective communication.
    (a) An application for registration must provide space
where the applicant voluntarily may indicate that the
applicant, child of the applicant, or other approved driver of
the registered vehicle has a health condition or disability
that may impede effective communication with a peace officer.
The application shall include a checklist of common health
conditions and disabilities that impede effective
communication from which the applicant may select. The
checklist shall also include a blank space for the applicant
to specify a condition that is not listed. The Secretary of
State may request from a person who makes an indication under
this subsection verification of a condition in the form of:
        (1) for a physical health condition, a written
    statement from a licensed physician; or
        (2) for a mental health condition, a written statement
    from a licensed physician, a licensed psychologist, or a
    nonphysician mental health professional.
    (b) The Secretary shall provide to the Illinois State
Police the vehicle registration information of a person who
indicated on an application under subsection (a) that the
person, child of the person, or other approved driver of the
registered vehicle has a health condition or disability that
may impede effective communication. The Secretary may not
provide to the Illinois State Police information that shows
the person's specific health condition or disability, or that
of another approved driver of the registered vehicle, unless
the person authorizes the disclosure of the specific health
condition or disability.
    (c) The Illinois State Police shall establish a system to
include information received under subsection (b) in the
statewide Law Enforcement Agencies Data System for the purpose
of alerting a peace officer who makes a traffic stop that the
operator or a child passenger of the stopped vehicle may have a
health condition or disability that may impede effective
communication.
    (d) The Illinois State Police may not make information
received under subsection (b) available in the statewide Law
Enforcement Agencies Data System to a person who has access to
the system under a contract unless the contract prohibits the
person from disclosing that information to a person who is not
subject to the contract.
    (e) Except as otherwise provided by this Section,
information supplied to the Secretary relating to an
applicant's health condition or disability, or that of another
approved driver of the registered vehicle, may not be
disclosed to any person. Such information is for the
confidential use of the Secretary and the Illinois State
Police.
 
    Section 99. Effective date. This Act takes effect July 1,
2023.

Effective Date: 7/1/2023