95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB0116

 

Introduced 1/19/2007, by Rep. Dave Winters

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/7-604   from Ch. 95 1/2, par. 7-604

    Amends the Illinois Vehicle Code. Provides that the Secretary of State shall provide that any request for verification of insurance coverage sent to a vehicle owner is in the form of a letter and is marked with sufficient indicia of authority to indicate the importance and the official nature of the document.


LRB095 03889 DRH 23922 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB0116 LRB095 03889 DRH 23922 b

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;

 

 

HB0116 - 2 - LRB095 03889 DRH 23922 b

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     (d) Within 30 days after the Secretary mails a request, the
26 owner to whom it is sent shall furnish the requested

 

 

HB0116 - 3 - LRB095 03889 DRH 23922 b

1 information to the Secretary above the owner's signed
2 affirmation that such information is true and correct. Proof of
3 insurance in effect on the verification date, as prescribed by
4 the Secretary, may be considered by the Secretary to be a
5 satisfactory response to the request for information.
6     Any owner whose response indicates that his or her vehicle
7 was not covered by a liability insurance policy in accordance
8 with Section 7-601 of this Code shall be deemed to have
9 registered or maintained registration of a motor vehicle in
10 violation of that Section. Any owner who fails to respond to
11 such a request shall be deemed to have registered or maintained
12 registration of a motor vehicle in violation of Section 7-601
13 of this Code.
14     (e) If the owner responds to the request for information by
15 asserting that his or her vehicle was covered by a liability
16 insurance policy on the verification date stated in the
17 Secretary's request, the Secretary may conduct a verification
18 of the response by furnishing necessary information to the
19 insurer named in the response. The insurer shall within 45 days
20 inform the Secretary whether or not on the verification date
21 stated the motor vehicle was insured by the insurer in
22 accordance with Section 7-601 of this Code. The Secretary may
23 by rule and regulation prescribe the procedures for
24 verification.
25     (f) No random sample selected under this Section shall be
26 categorized on the basis of race, color, religion, sex,

 

 

HB0116 - 4 - LRB095 03889 DRH 23922 b

1 national origin, ancestry, age, marital status, physical or
2 mental disability, economic status or geography.
3     (g) The Secretary shall provide that any request for
4 information sent under this Section is in the form of a letter
5 and is marked with sufficient indicia of authority to indicate
6 the importance and the official nature of the document.
7 (Source: P.A. 92-458, eff. 8-22-01.)