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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois,
| ||||||||||||||||||||||||||||||||||||||||||||
3 | represented in the General Assembly:
| ||||||||||||||||||||||||||||||||||||||||||||
4 | Section 5. The State Finance Act is amended by adding | ||||||||||||||||||||||||||||||||||||||||||||
5 | Section 5.675 as follows: | ||||||||||||||||||||||||||||||||||||||||||||
6 | (30 ILCS 105/5.675 new)
| ||||||||||||||||||||||||||||||||||||||||||||
7 | Sec. 5.675. The Insurance Verification Fund. | ||||||||||||||||||||||||||||||||||||||||||||
8 | Section 10. The Illinois Vehicle Code is amended by | ||||||||||||||||||||||||||||||||||||||||||||
9 | changing Sections 3-707, 3-711, 6-306.3, 6-306.4, 7-604, | ||||||||||||||||||||||||||||||||||||||||||||
10 | 7-606, and 7-609 and by adding Section 7-604.1 as follows:
| ||||||||||||||||||||||||||||||||||||||||||||
11 | (625 ILCS 5/3-707) (from Ch. 95 1/2, par. 3-707)
| ||||||||||||||||||||||||||||||||||||||||||||
12 | Sec. 3-707. Operation of uninsured motor vehicle - penalty.
| ||||||||||||||||||||||||||||||||||||||||||||
13 | (a) No person
shall operate a motor vehicle unless the | ||||||||||||||||||||||||||||||||||||||||||||
14 | motor vehicle is covered by a
liability insurance policy in | ||||||||||||||||||||||||||||||||||||||||||||
15 | accordance with Section 7-601 of this Code.
| ||||||||||||||||||||||||||||||||||||||||||||
16 | (b) (Blank).
Any person who fails to comply with a request | ||||||||||||||||||||||||||||||||||||||||||||
17 | by a law enforcement
officer for display of evidence of | ||||||||||||||||||||||||||||||||||||||||||||
18 | insurance, as required under Section
7-602 of this Code, shall | ||||||||||||||||||||||||||||||||||||||||||||
19 | be deemed to be operating an uninsured motor vehicle.
| ||||||||||||||||||||||||||||||||||||||||||||
20 | (c) Any operator of a motor vehicle subject to registration | ||||||||||||||||||||||||||||||||||||||||||||
21 | under this
Code
who is convicted of violating this Section is |
| |||||||
| |||||||
1 | guilty of a business
offense and shall be required to pay a | ||||||
2 | fine in excess of $500, but
not more than $1,000. However, no | ||||||
3 | person charged with violating this
Section shall be convicted | ||||||
4 | if such person produces in court satisfactory
evidence that at | ||||||
5 | the time of the arrest the motor vehicle was covered by a
| ||||||
6 | liability insurance policy in accordance with Section 7-601 of | ||||||
7 | this Code.
The chief judge of each circuit may designate an | ||||||
8 | officer of the court to
review the documentation demonstrating | ||||||
9 | that at the time of arrest the motor
vehicle was covered by a | ||||||
10 | liability insurance policy in accordance with Section
7-601 of | ||||||
11 | this Code. The documentation reviewed may include a printed | ||||||
12 | status report and confirmation code produced by the Illinois | ||||||
13 | Automated Motor Vehicle Insurance Verification System | ||||||
14 | developed using the Insurance Verification Fund.
| ||||||
15 | (c-1) A person convicted of violating this Section shall | ||||||
16 | also have his or her driver's license, permit, or privileges | ||||||
17 | suspended for 3 months. After the expiration of the 3 months, | ||||||
18 | the person's driver's license, permit, or privileges shall not | ||||||
19 | be reinstated until he or she has paid a reinstatement fee of | ||||||
20 | $100. If a person violates this Section while his or her | ||||||
21 | driver's license, permit, or privileges are suspended under | ||||||
22 | this subsection (c-1), his or her driver's license, permit, or | ||||||
23 | privileges shall be suspended for an additional 6 months and | ||||||
24 | until he or she pays the reinstatement fee.
| ||||||
25 | (d) A person convicted a third or subsequent time of | ||||||
26 | violating this
Section or a similar provision of a local |
| |||||||
| |||||||
1 | ordinance must give proof to the
Secretary of State of the | ||||||
2 | person's financial responsibility as defined in
Section 7-315. | ||||||
3 | The person must maintain the proof in a manner satisfactory to
| ||||||
4 | the Secretary for a minimum period of one year after the date | ||||||
5 | the proof is
first filed. The Secretary must suspend the | ||||||
6 | driver's license of any person
determined by the Secretary not | ||||||
7 | to have provided adequate proof of financial
responsibility as | ||||||
8 | required by this subsection.
| ||||||
9 | (Source: P.A. 94-1035, eff. 7-1-07.)
| ||||||
10 | (625 ILCS 5/3-711) (from Ch. 95 1/2, par. 3-711)
| ||||||
11 | Sec. 3-711. Whenever a court convicts a person of a | ||||||
12 | violation of
Section 3-707 or , 3-708 or 3-710 of this Code, or | ||||||
13 | enters an order placing on
supervision the person charged with | ||||||
14 | the violation, the clerk of the court
within 10 days shall | ||||||
15 | forward a report of the conviction or order of
supervision to | ||||||
16 | the Secretary of State in a form prescribed by the
Secretary. | ||||||
17 | In any case where the person charged with the violation fails | ||||||
18 | to
appear in court, the procedures provided in Section 6-306.3 | ||||||
19 | or 6-306.4 of
this Code, whichever is applicable shall apply.
| ||||||
20 | The Secretary shall keep records of such reports. However, | ||||||
21 | reports of
orders of supervision shall not be released to any | ||||||
22 | outside source, except
the affected driver and law enforcement | ||||||
23 | agencies, and shall be used only to
inform the Secretary and | ||||||
24 | the
courts that such driver previously has been assigned court | ||||||
25 | supervision.
|
| |||||||
| |||||||
1 | (Source: P.A. 86-149.)
| ||||||
2 | (625 ILCS 5/6-306.3) (from Ch. 95 1/2, par. 6-306.3)
| ||||||
3 | Sec. 6-306.3. License as bail.
| ||||||
4 | (a) Except as provided in Section 6-306.4 of this Code, any | ||||||
5 | person arrested
and charged with violation of Section 3-701 or , | ||||||
6 | 3-707 , or 3-710 , or of any
violation of Chapters 11 or 12 of | ||||||
7 | this Code, except the provisions of Sections
3-708, 11-401, | ||||||
8 | 11-501, 11-503, 11-504, or 11-506 of this Code shall have the | ||||||
9 | option of
depositing his valid driver's license issued under | ||||||
10 | this Code with the officer
demanding bail in lieu of any other | ||||||
11 | security for his appearance in court in
answer to any such | ||||||
12 | charge.
| ||||||
13 | (b) However, a uniform bail schedule and regulations | ||||||
14 | adopted pursuant to
Supreme Court Rule or Order may require | ||||||
15 | that a driver's license issued
under this Code must be | ||||||
16 | deposited, in addition to appropriate cash deposit,
where | ||||||
17 | persons arrested and charged with violating Sections 3-708, | ||||||
18 | 11-401,
11-501, 11-503, 11-504, or 11-506 of this Code elect to | ||||||
19 | take advantage of the uniform
schedule establishing the amount | ||||||
20 | of bail in such cases.
| ||||||
21 | (c) When a license is deposited as security in lieu of or | ||||||
22 | in addition to
bail, the judge, court clerk, or other official | ||||||
23 | accepting such deposit
shall issue to the licensee a receipt | ||||||
24 | for such license upon a form approved
or provided by the | ||||||
25 | Secretary of State.
|
| |||||||
| |||||||
1 | (d) If the licensee whose license has been deposited as | ||||||
2 | security for
bail does not appear in court in compliance with | ||||||
3 | the time and place for
hearing as notified in such receipt, or | ||||||
4 | the continued date thereof, if any
has been ordered by the | ||||||
5 | court, the court shall continue the case for a
minimum of 30 | ||||||
6 | days and require a notice of the continued court date be sent
| ||||||
7 | to the licensee at his last known address. The clerk of such | ||||||
8 | court shall
notify the licensee of the court's order. If the | ||||||
9 | licensee does not appear
in and surrender on the continued | ||||||
10 | court date, or within such period,
satisfy the court that his | ||||||
11 | appearance in and surrender to the court is
impossible and | ||||||
12 | without any fault on his part, the court shall enter an
order | ||||||
13 | of failure to appear to answer such charge after depositing | ||||||
14 | license
in lieu of bail. The clerk of such court shall notify | ||||||
15 | the Secretary of
State of the court's order.
| ||||||
16 | The Secretary of State, when notified by the clerk of such | ||||||
17 | court that an
order of failure to appear to answer such charge | ||||||
18 | after depositing license
in lieu of bail has been entered, | ||||||
19 | shall immediately suspend the driver's
license of such licensee | ||||||
20 | without a hearing and shall not remove such
suspension, nor | ||||||
21 | issue any hardship license or privilege to such licensee
| ||||||
22 | thereafter until notified by such court that the licensee has | ||||||
23 | appeared and
answered the charges placed against him.
| ||||||
24 | (e) 1. Any Illinois resident who has executed a written | ||||||
25 | promise to
comply with Section 6-306.2 of this Code, in effect | ||||||
26 | until July 28, 1986,
shall continue to be suspended until he or |
| |||||||
| |||||||
1 | she complies with the terms and
conditions of the written | ||||||
2 | promise.
| ||||||
3 | 2. The Secretary of State, when notified by the clerk of | ||||||
4 | such court that
an order of failure to appear to answer a | ||||||
5 | charge after promising to appear
has been entered, shall | ||||||
6 | immediately suspend the driver's license of such
licensee | ||||||
7 | without a hearing and shall not remove such suspension, nor | ||||||
8 | issue a
hardship license or privilege to such licensee | ||||||
9 | thereafter until notified by
such court that the licensee has | ||||||
10 | appeared and answered the charges placed
against him.
| ||||||
11 | (Source: P.A. 95-310, eff. 1-1-08.)
| ||||||
12 | (625 ILCS 5/6-306.4) (from Ch. 95 1/2, par. 6-306.4)
| ||||||
13 | Sec. 6-306.4. Procedures for residents of other states. | ||||||
14 | (a) Except as
provided in paragraph (b) of this Section, | ||||||
15 | any resident of another state
which is a member of the | ||||||
16 | Nonresident Violator Compact of 1977, who is cited
by a police | ||||||
17 | officer for violating a traffic law or ordinance, shall have
| ||||||
18 | the option of (1) being taken without unnecessary delay before | ||||||
19 | a court of
jurisdiction or (2) executing a written promise to | ||||||
20 | comply with the terms of
the citation by signing at least one | ||||||
21 | copy of a Uniform Traffic Ticket
prepared by the police | ||||||
22 | officer. The police officer may refuse to permit a
nonresident | ||||||
23 | violator to execute a written promise to comply with the terms
| ||||||
24 | of the citation if the nonresident violator cannot furnish | ||||||
25 | satisfactory
evidence of identity or if the officer has |
| |||||||
| |||||||
1 | probable cause to believe the
nonresident violator cited will | ||||||
2 | disregard the written promise to comply
with the citation.
| ||||||
3 | If the person cited is a resident of another State which is | ||||||
4 | not a member
of the Nonresident Violator Compact of 1977, then | ||||||
5 | the rules established by
the Supreme Court for bail bond and | ||||||
6 | appearance procedures apply.
| ||||||
7 | (b) Any person cited for violating the following provisions | ||||||
8 | of this Code or
a similar provision of local ordinances shall | ||||||
9 | be governed by the bail
provisions of the Illinois Supreme | ||||||
10 | Court Rules when it is not practical or
feasible to take the | ||||||
11 | person before a judge to have bail set or to avoid
undue delay | ||||||
12 | because of the hour or circumstances: Section 3-101, Section
| ||||||
13 | 3-702, Sections 3-707 or , 3-708 or 3-710 , Chapter 4, Chapter 5, | ||||||
14 | Section
6-101, Section 6-104, Section 6-113,
Section 6-301, | ||||||
15 | Section 6-303, Section 8-115, Section 11-204, Section
11-310, | ||||||
16 | Section 11-311, Section 11-312, Section 11-401, Section | ||||||
17 | 11-402,
Section 11-403, Section 11-404, Section 11-409, | ||||||
18 | Section 11-501, Section
11-503, Section 11-504, Section | ||||||
19 | 11-506, Section 11-601, when more than 30 m.p.h. over the
| ||||||
20 | posted limit, Section 11-1006, Section 11-1414, Section | ||||||
21 | 15-102, Section
15-103, Section 15-107, Section 15-111, | ||||||
22 | paragraph (f) of Section 15-112 or
paragraph (j) of Section | ||||||
23 | 15-301.
| ||||||
24 | (c) If the person fails to comply with the executed written | ||||||
25 | promise to
comply with the original terms of the citation as | ||||||
26 | indicated in paragraph
(a) of this Section, the court shall |
| |||||||
| |||||||
1 | continue the case for a minimum of 30
days and require that a | ||||||
2 | notice of the continued court date be sent to the
last known | ||||||
3 | address of such person. If the person does not appear or
| ||||||
4 | otherwise satisfy the court on or before the continued court | ||||||
5 | date, the
court shall enter an order of failure to appear to | ||||||
6 | answer such charge. The
clerk of such court shall notify the | ||||||
7 | Secretary of State of the court's
order within 21 days.
| ||||||
8 | (d) Upon receiving such notice, the Secretary of State | ||||||
9 | shall comply
with the provisions of Section 6-803 of this Code.
| ||||||
10 | (Source: P.A. 95-310, eff. 1-1-08.)
| ||||||
11 | (625 ILCS 5/7-604) (from Ch. 95 1/2, par. 7-604)
| ||||||
12 | Sec. 7-604. Verification of liability insurance policy.
| ||||||
13 | (a) The Secretary of State may select random samples
of | ||||||
14 | registrations of motor vehicles subject to Section 7-601 of | ||||||
15 | this Code,
or owners thereof, for the purpose of verifying | ||||||
16 | whether or not the motor
vehicles are insured. These random | ||||||
17 | sample reports shall be provided automatically by entering | ||||||
18 | desired parameters into the Illinois Automated Insurance | ||||||
19 | Verification System, which shall then randomly select files | ||||||
20 | based on those selected parameters and provide results both | ||||||
21 | electronically and, if desired, in printed form.
| ||||||
22 | In addition to such general random samples of motor vehicle
| ||||||
23 | registrations, the Secretary may select for
verification other | ||||||
24 | random samples, including, but not limited to
registrations of | ||||||
25 | motor vehicles owned by persons:
|
| |||||||
| |||||||
1 | (1) whose motor vehicle registrations during the | ||||||
2 | preceding 4 years have
been suspended pursuant to Section | ||||||
3 | 7-606 or 7-607 of this Code;
| ||||||
4 | (2) who during the preceding 4 years have been | ||||||
5 | convicted of violating
Section 3-707 or , 3-708 or 3-710 of | ||||||
6 | this Code while operating vehicles
owned by other persons;
| ||||||
7 | (3) whose driving privileges have been suspended | ||||||
8 | during the preceding 4
years;
| ||||||
9 | (4) who during the preceding 4 years acquired ownership | ||||||
10 | of motor
vehicles while the registrations of such vehicles | ||||||
11 | under the previous owners
were suspended pursuant to | ||||||
12 | Section 7-606 or 7-607 of this Code; or
| ||||||
13 | (5) who during the preceding 4 years have received a | ||||||
14 | disposition of
supervision under subsection (c) of Section | ||||||
15 | 5-6-1 of the Unified Code of
Corrections for a violation of | ||||||
16 | Section 3-707 or , 3-708 , or 3-710 of this Code.
| ||||||
17 | (b) Upon receiving certification from the Department of | ||||||
18 | Transportation
under Section 7-201.2 of this Code of the name | ||||||
19 | of an owner or operator of any
motor vehicle involved in an | ||||||
20 | accident, the Secretary may verify whether or
not at the time | ||||||
21 | of the accident such motor vehicle was covered by a
liability | ||||||
22 | insurance policy in accordance with Section 7-601 of this Code. | ||||||
23 | The Secretary may, for the same purpose, use the Illinois | ||||||
24 | Automated Insurance Verification System without the need for | ||||||
25 | use of personal details or certification from the Department of | ||||||
26 | Transportation.
|
| |||||||
| |||||||
1 | (c) In preparation for selection of random samples and | ||||||
2 | their
verification, the Secretary may send to owners of | ||||||
3 | randomly selected motor
vehicles, or to randomly selected motor | ||||||
4 | vehicle owners, requests for
information about their motor | ||||||
5 | vehicles and liability
insurance coverage. The request shall | ||||||
6 | require the owner to state whether
or not the motor vehicle was | ||||||
7 | insured on the verification date stated in the
Secretary's | ||||||
8 | request and the request may require, but is not limited to,
a | ||||||
9 | statement by the owner of the names and addresses of insurers, | ||||||
10 | policy
numbers, and expiration dates of insurance coverage.
| ||||||
11 | (d) Within 30 days after the Secretary mails a request, the | ||||||
12 | owner to
whom it is sent shall furnish the requested | ||||||
13 | information to the Secretary
above the owner's signed | ||||||
14 | affirmation that such information is true and
correct. Proof of | ||||||
15 | insurance in effect on the verification date, as
prescribed by | ||||||
16 | the Secretary, may be considered by the Secretary to be a
| ||||||
17 | satisfactory response to the request for information.
| ||||||
18 | Any owner whose response indicates that his or her vehicle | ||||||
19 | was
not covered by a liability insurance policy in accordance | ||||||
20 | with
Section 7-601 of this Code shall be deemed to have | ||||||
21 | registered or maintained
registration of a motor vehicle in | ||||||
22 | violation of that Section. Any owner who
fails to respond to | ||||||
23 | such a request shall be deemed to have registered or
maintained | ||||||
24 | registration of a motor vehicle in violation of Section
7-601 | ||||||
25 | of this Code.
| ||||||
26 | (e) If the owner responds to the request for information by |
| |||||||
| |||||||
1 | asserting
that his or her vehicle was covered by a liability | ||||||
2 | insurance policy on the
verification date stated in the | ||||||
3 | Secretary's request, the Secretary may
conduct a verification | ||||||
4 | of the response by furnishing necessary information
to the | ||||||
5 | insurer named in the response. The insurer shall within
45 days
| ||||||
6 | inform the Secretary whether or not on the verification date | ||||||
7 | stated the
motor vehicle was insured by the insurer in | ||||||
8 | accordance with Section 7-601
of this Code. The Secretary may | ||||||
9 | by rule and regulation prescribe the
procedures for | ||||||
10 | verification.
| ||||||
11 | (f) No random sample selected under this Section shall be | ||||||
12 | categorized on
the basis of race, color, religion, sex, | ||||||
13 | national origin, ancestry, age,
marital status, physical or | ||||||
14 | mental disability, economic status
or geography.
| ||||||
15 | (Source: P.A. 92-458, eff. 8-22-01.)
| ||||||
16 | (625 ILCS 5/7-604.1 new) | ||||||
17 | Sec. 7-604.1. Automated verification of insurance. | ||||||
18 | (a) As used in this Section: | ||||||
19 | (1) "NLETS" means the national law enforcement | ||||||
20 | telecommunications system. | ||||||
21 | (2) "Unparsed data" means data that are not | ||||||
22 | electronically sorted by jurisdiction. | ||||||
23 | (b) The Director of the Department of State Police shall | ||||||
24 | establish and implement and maintain an NLETS-authorized | ||||||
25 | paperless verification system for motor vehicle insurance |
| |||||||
| |||||||
1 | coverage. The paperless verification system shall be designed | ||||||
2 | with the goal of identifying motor vehicles that are being | ||||||
3 | operated on highways in this State without the required | ||||||
4 | insurance coverage and shall have all of the following | ||||||
5 | characteristics: | ||||||
6 | (1) Provide quick, accurate, and current access to | ||||||
7 | motor vehicle insurance coverage information for persons | ||||||
8 | and agencies charged with enforcement of motor vehicle | ||||||
9 | insurance requirements, including, but not limited to, all | ||||||
10 | of the following processes: | ||||||
11 | (A) the daily gathering of unparsed data | ||||||
12 | concerning motor vehicle insurance coverage by | ||||||
13 | insurance companies providing motor vehicle insurance | ||||||
14 | coverage in this State; | ||||||
15 | (B) the daily transmittal of data concerning motor | ||||||
16 | vehicle insurance coverage from companies described in | ||||||
17 | subparagraph (A) to the Director of the Department of | ||||||
18 | State Police and that is commonly accommodated by | ||||||
19 | insurers for other jurisdictions, such data to be | ||||||
20 | electronically transmitted; and | ||||||
21 | (C) the transmittal of data elements required to | ||||||
22 | confirm active insurance status for registration from | ||||||
23 | the data elements described in subparagraph (B) to the | ||||||
24 | Director of the Department of State Police, this data | ||||||
25 | to consist of a transmission of existing data, within | ||||||
26 | 60 days of the effective date of this amendatory Act of |
| |||||||
| |||||||
1 | the 95th General Assembly, and daily transmissions, as | ||||||
2 | described in subparagraph (B), immediately afterwards. | ||||||
3 | (2) Protect the privacy of motor vehicle owners by | ||||||
4 | ensuring that names or addresses cannot be maintained or | ||||||
5 | used to obtain access to insurance status, except as | ||||||
6 | otherwise required to comply with Section 7-601 and this | ||||||
7 | Section. | ||||||
8 | (3) Protect the security and integrity of information | ||||||
9 | gathered and transmitted by insurers under paragraph (1) by | ||||||
10 | meeting all security standards of the State's NLETS system. | ||||||
11 | (4) Allow the Director of the Department of State | ||||||
12 | Police to automatically create and mail a citation for a | ||||||
13 | violation of Section 7-601 to the owner of a motor vehicle | ||||||
14 | in other states, foreign countries, or foreign provinces by | ||||||
15 | means of the NLETS connection to national law enforcement | ||||||
16 | data. | ||||||
17 | (c) The Director of the Department of State Police shall | ||||||
18 | accept as proof of vehicle insurance an automated verification | ||||||
19 | that a motor vehicle is insured obtained through the | ||||||
20 | NLETS-authorized paperless verification system for motor | ||||||
21 | vehicle insurance coverage under this Section. An insurer shall | ||||||
22 | provide the unparsed data required by the Director of the | ||||||
23 | Department of State Police under this Section. | ||||||
24 | (d) A police officer or other authorized individual who | ||||||
25 | seeks to verify that a motor vehicle is insured shall access | ||||||
26 | the motor vehicle insurance verification system developed |
| |||||||
| |||||||
1 | under this Section. The motor vehicle insurance verification | ||||||
2 | system developed under this Section shall automatically | ||||||
3 | provide an automated verification of each query to indicate | ||||||
4 | whether or not motor vehicle insurance is in effect at the time | ||||||
5 | the query is made. | ||||||
6 | (e) The Insurance Verification Fund is created as a special | ||||||
7 | fund in the State treasury. The State Treasurer may receive | ||||||
8 | money or other assets from any source for deposit into the | ||||||
9 | fund. The Director of the Department of State Police shall | ||||||
10 | administer the fund and shall, subject to appropriation, use | ||||||
11 | the moneys in the fund only to establish, implement, and | ||||||
12 | maintain the paperless verification system described in this | ||||||
13 | Section.
| ||||||
14 | (f) Funds expended for all services to establish, | ||||||
15 | implement, and maintain this paperless verification system | ||||||
16 | described are expected to equal 15% of demonstrable additional | ||||||
17 | income generated to Illinois government entities by the system | ||||||
18 | and for any related services. The Director of State Police may | ||||||
19 | not approve any contract for this system, or for any related | ||||||
20 | service or element, that requires any additional cost to the | ||||||
21 | State.
| ||||||
22 | (g) The Secretary of State shall be provided full and | ||||||
23 | unlimited on-line access to the automated insurance | ||||||
24 | verification system established and maintained by the Director | ||||||
25 | of the Department of State Police.
|
| |||||||
| |||||||
1 | (625 ILCS 5/7-606) (from Ch. 95 1/2, par. 7-606)
| ||||||
2 | Sec. 7-606. Uninsured motor vehicles - suspension and | ||||||
3 | reinstatement.
The Secretary shall suspend the vehicle | ||||||
4 | registration of
any motor vehicle determined by the Secretary | ||||||
5 | to be in
violation of Section 7-601 of this Code, including any | ||||||
6 | motor
vehicle operated in violation of Section
3-707 or , 3-708 | ||||||
7 | or 3-710 of this Code by an operator other than the
owner of | ||||||
8 | the vehicle. Neither the fact that,
subsequent to the date of | ||||||
9 | verification or conviction, the owner acquired
the required | ||||||
10 | liability insurance policy nor the fact that the owner
| ||||||
11 | terminated ownership of the motor vehicle shall have any
| ||||||
12 | bearing upon the Secretary's decision to suspend.
| ||||||
13 | The Secretary is authorized to suspend the registration of | ||||||
14 | any motor
vehicle registered in this State upon receiving | ||||||
15 | notice of the conviction of
the operator of the motor vehicle | ||||||
16 | in another State of an offense which, if
committed in this | ||||||
17 | State, would constitute a violation of Section 7-601 of this | ||||||
18 | Code.
| ||||||
19 | Until it is terminated, the suspension shall remain in | ||||||
20 | force after the
registration is renewed or a new registration | ||||||
21 | is acquired for the motor
vehicle. The suspension also shall | ||||||
22 | apply to any motor
vehicle to which the owner transfers the | ||||||
23 | registration.
| ||||||
24 | In the case of a first violation, the Secretary shall | ||||||
25 | terminate the
suspension upon payment
by the owner of a | ||||||
26 | reinstatement fee of $100 and submission of proof
of
insurance |
| |||||||
| |||||||
1 | as prescribed by the Secretary.
| ||||||
2 | In the case of a second or subsequent violation by a person | ||||||
3 | having
ownership interest in a motor vehicle or vehicles within
| ||||||
4 | the preceding 4 years, or a violation of Section 3-708 of this | ||||||
5 | Code, the
Secretary shall terminate the suspension 4 months | ||||||
6 | after its effective date
upon payment by the owner of a | ||||||
7 | reinstatement fee of $100 and submission of
proof of insurance | ||||||
8 | as prescribed by the Secretary.
| ||||||
9 | All fees collected under this Section shall be deposited | ||||||
10 | into the Road
Fund of the State treasury.
| ||||||
11 | (Source: P.A. 88-315.)
| ||||||
12 | (625 ILCS 5/7-609) (from Ch. 95 1/2, par. 7-609)
| ||||||
13 | Sec. 7-609. Exemption for certain religious organizations. | ||||||
14 | (a) Pursuant
to the following minimum criteria, the Secretary | ||||||
15 | may exempt from the
provisions of Section 7-601 of this Code | ||||||
16 | motor vehicles owned by a
religious organization or its | ||||||
17 | members:
| ||||||
18 | (1) The religious organization and its members hold a bona | ||||||
19 | fide conviction that the
acquisition of insurance is contrary | ||||||
20 | to their religious beliefs.
| ||||||
21 | (2) The religious organization and its members submit to | ||||||
22 | the Secretary
evidence that historically, over a period of time | ||||||
23 | not less than two years,
they have paid or, by agreement with | ||||||
24 | the other party or parties involved,
are paying in a timely | ||||||
25 | manner for all damages for which they were or are liable.
|
| |||||||
| |||||||
1 | (3) The religious organization has filed with the Secretary | ||||||
2 | a current,
irrevocable letter of credit, valid for a period of | ||||||
3 | 12 months and issued in
accordance with this Section and | ||||||
4 | Article 5 of the Uniform Commercial Code,
approved July 31, | ||||||
5 | 1961, as amended, by a financial institution chartered by
an | ||||||
6 | agency of State or federal government. The Secretary of State | ||||||
7 | by rule
and regulation shall establish the minimum amount of | ||||||
8 | credit required.
| ||||||
9 | (4) The religious organization and its members meet other | ||||||
10 | requirement
which the Secretary by rule and regulation may | ||||||
11 | prescribe.
| ||||||
12 | (b) Upon accepting a letter of credit from a religious | ||||||
13 | organization, the
Secretary shall issue a certificate of | ||||||
14 | exemption for each motor vehicle
covered. The certificate of | ||||||
15 | exemption shall serve as evidence of insurance
in accordance | ||||||
16 | with Section 7-602 of this Code.
| ||||||
17 | Not less than 30 days before a current letter of credit | ||||||
18 | expires, or by
agreement between the issuer and customer is | ||||||
19 | revoked, the religious
organization shall file with the | ||||||
20 | Secretary a new letter of credit. If a new
letter of credit is | ||||||
21 | not on file with the Secretary at the time the current
letter | ||||||
22 | of credit expires or is revoked, the exemption of the religious
| ||||||
23 | organization and its members shall expire and their | ||||||
24 | certificates of
exemption shall become invalid.
| ||||||
25 | (c) If credit is used to the extent that the remaining | ||||||
26 | amount of credit
does not meet the minimum requirements of this |
| |||||||
| |||||||
1 | Section, and the issuer
declines to reinstate the used portion | ||||||
2 | of the credit or issue a new letter
of credit, the issuer | ||||||
3 | immediately shall send written notice to the customer
and the | ||||||
4 | Secretary that the current letter of credit on file with the
| ||||||
5 | Secretary no longer meets the minimum requirements of the law.
| ||||||
6 | If, within 30 days of receiving the notice, the Secretary | ||||||
7 | has not
received and accepted a new letter of credit from the | ||||||
8 | customer, the
exemption of that religious organization and its | ||||||
9 | members shall expire and
their certificates of exemption shall | ||||||
10 | become invalid.
| ||||||
11 | (d) Upon the request of the plaintiff, if a person, known | ||||||
12 | by the court
to be covered by a current letter of credit issued | ||||||
13 | pursuant to this
Section fails to pay a judgment for damages | ||||||
14 | within 30 days after the
judgment has become final, the clerk | ||||||
15 | of the court within 10 days shall
forward to the Secretary a | ||||||
16 | report of the person's failure to pay. The
report shall | ||||||
17 | indicate that the person is covered by a letter of credit and,
| ||||||
18 | if known by the court, the names of the issuer and the | ||||||
19 | customer.
| ||||||
20 | Upon receiving the report from the court, the Secretary | ||||||
21 | shall notify the
religious organization that, unless the | ||||||
22 | payment is made, 30 days after the
date of the mailing of the | ||||||
23 | notice the exemption of the religious
organization and its | ||||||
24 | members shall be terminated and their certificates of
exemption | ||||||
25 | shall become invalid. If within the 30 days the religious
| ||||||
26 | organization does not submit evidence that the payment has been |
| |||||||
| |||||||
1 | made, or
furnish valid reasons why the payment has been delayed | ||||||
2 | or not made, the
Secretary shall terminate the exemptions.
| ||||||
3 | (e) The Secretary is authorized to promulgate rules and | ||||||
4 | regulations
necessary for the administration of the provisions | ||||||
5 | of this Section.
| ||||||
6 | (Source: P.A. 86-149.)
| ||||||
7 | (625 ILCS 5/3-710 rep.)
| ||||||
8 | (625 ILCS 5/7-602 rep.)
| ||||||
9 | Section 15. The Illinois Vehicle Code is amended by | ||||||
10 | repealing Sections 3-710 and 7-602.
| ||||||
11 | Section 99. Effective date. This Act takes effect July 1, | ||||||
12 | 2008.
|