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Public Act 102-1069
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| HB4825 Enrolled | LRB102 20908 RAM 34088 b |
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AN ACT concerning transportation.
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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 Section 3-405 and by adding Section 3-405.5 as |
follows:
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(625 ILCS 5/3-405) (from Ch. 95 1/2, par. 3-405)
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Sec. 3-405. Application for registration.
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(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:
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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 |
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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
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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
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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
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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
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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 |
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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.
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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.
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3. (Blank). |
3.5. A space for a voluntary disclosure of a condition |
that impedes effective communication under Section |
3-405.5.
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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.
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5. An affirmation by the applicant that all |
information set forth is
true and correct. If the
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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, |
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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.
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(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.
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(Source: P.A. 102-538, eff. 8-20-21.)
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(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. |
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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 |
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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.
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Section 99. Effective date. This Act takes effect July 1, |
2023.
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