Rep. Terra Costa Howard

Filed: 2/9/2022

 

 


 

 


 
10200HB4825ham001LRB102 20908 HEP 36100 a

1
AMENDMENT TO HOUSE BILL 4825

2    AMENDMENT NO. ______. Amend House Bill 4825 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Vehicle Code is amended by
5changing Section 3-405 and by adding Section 3-405.5 as
6follows:
 
7    (625 ILCS 5/3-405)  (from Ch. 95 1/2, par. 3-405)
8    Sec. 3-405. Application for registration.
9    (a) Every owner of a vehicle subject to registration under
10this Code shall make application to the Secretary of State for
11the registration of such vehicle upon the appropriate form or
12forms furnished by the Secretary. Every such application shall
13bear the signature of the owner written with pen and ink and
14contain:
15        1. The name, domicile address, as defined in Section
16    1-115.5 of this Code, (except as otherwise provided in

 

 

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1    this paragraph 1), mail address of the owner or business
2    address of the owner if a firm, association, or
3    corporation, and, if available, email address of the
4    owner. If the mailing address is a post office box number,
5    the address listed on the driver license record may be
6    used to verify residence. A police officer, a deputy
7    sheriff, an elected sheriff, a law enforcement officer for
8    the Illinois State Police, a fire investigator, a state's
9    attorney, an assistant state's attorney, a state's
10    attorney special investigator, or a judicial officer may
11    elect to furnish the address of the headquarters of the
12    governmental entity, police district, or business address
13    where he or she works instead of his or her domicile
14    address, in which case that address shall be deemed to be
15    his or her domicile address for all purposes under this
16    Chapter 3. The spouse and children of a person who may
17    elect under this paragraph 1 to furnish the address of the
18    headquarters of the government entity, police district, or
19    business address where the person works instead of the
20    person's domicile address may, if they reside with that
21    person, also elect to furnish the address of the
22    headquarters of the government entity, police district, or
23    business address where the person works as their domicile
24    address, in which case that address shall be deemed to be
25    their domicile address for all purposes under this Chapter
26    3. In this paragraph 1: (A) "police officer" has the

 

 

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1    meaning ascribed to "policeman" in Section 10-3-1 of the
2    Illinois Municipal Code; (B) "deputy sheriff" means a
3    deputy sheriff appointed under Section 3-6008 of the
4    Counties Code; (C) "elected sheriff" means a sheriff
5    commissioned pursuant to Section 3-6001 of the Counties
6    Code; (D) "fire investigator" means a person classified as
7    a peace officer under the Peace Officer Fire Investigation
8    Act; (E) "state's attorney", "assistant state's attorney",
9    and "state's attorney special investigator" mean a state's
10    attorney, assistant state's attorney, and state's attorney
11    special investigator commissioned or appointed under
12    Division 3-9 of the Counties Code; and (F) "judicial
13    officer" has the meaning ascribed to it in Section 1-10 of
14    the Judicial Privacy Act.
15        2. A description of the vehicle, including such
16    information as is required in an application for a
17    certificate of title, determined under such standard
18    rating as may be prescribed by the Secretary.
19        3. (Blank).
20        3.5. A space for a voluntary disclosure of a condition
21    that impedes effective communication under Section
22    3-405.5.
23        4. Such further information as may reasonably be
24    required by the Secretary to enable him to determine
25    whether the vehicle is lawfully entitled to registration
26    and the owner entitled to a certificate of title.

 

 

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1        5. An affirmation by the applicant that all
2    information set forth is true and correct. If the
3    application is for the registration of a motor vehicle,
4    the applicant also shall affirm that the motor vehicle is
5    insured as required by this Code, that such insurance will
6    be maintained throughout the period for which the motor
7    vehicle shall be registered, and that neither the owner,
8    nor any person operating the motor vehicle with the
9    owner's permission, shall operate the motor vehicle unless
10    the required insurance is in effect. If the person signing
11    the affirmation is not the sole owner of the vehicle, such
12    person shall be deemed to have affirmed on behalf of all
13    the owners of the vehicle. If the person signing the
14    affirmation is not an owner of the vehicle, such person
15    shall be deemed to have affirmed on behalf of the owner or
16    owners of the vehicle. The lack of signature on the
17    application shall not in any manner exempt the owner or
18    owners from any provisions, requirements or penalties of
19    this Code.
20    (b) When such application refers to a new vehicle
21purchased from a dealer the application shall be accompanied
22by a Manufacturer's Statement of Origin from the dealer, and a
23statement showing any lien retained by the dealer.
24(Source: P.A. 102-538, eff. 8-20-21.)
 
25    (625 ILCS 5/3-405.5 new)

 

 

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1    Sec. 3-405.5. Registration by an owner with a condition
2that impedes effective communication.
3    (a) An application for registration must provide space
4where the applicant voluntarily may indicate that the
5applicant, child of the applicant, or other approved driver of
6the registered vehicle has a health condition or disability
7that may impede effective communication with a peace officer.
8The application shall include a checklist of common health
9conditions and disabilities that impede effective
10communication from which the applicant may select. The
11checklist shall also include a blank space for the applicant
12to specify a condition that is not listed. The Secretary of
13State may request from a person who makes an indication under
14this subsection verification of a condition in the form of:
15        (1) for a physical health condition, a written
16    statement from a licensed physician; or
17        (2) for a mental health condition, a written statement
18    from a licensed physician, a licensed psychologist, or a
19    nonphysician mental health professional.
20    (b) The Secretary shall provide to the Illinois State
21Police the vehicle registration information of a person who
22indicated on an application under subsection (a) that the
23person, child of the person, or other approved driver of the
24registered vehicle has a health condition or disability that
25may impede effective communication. The Secretary may not
26provide to the Illinois State Police information that

 

 

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1discloses a specific health condition or disability unless the
2person making the disclosure under subsection (a) authorizes
3the disclosure of the specific health condition or disability.
4    (c) The Illinois State Police shall establish a system to
5include information received under subsection (b) in the
6statewide Law Enforcement Agencies Data System for the purpose
7of alerting a peace officer who makes a traffic stop that the
8operator or a child passenger of the stopped vehicle may have a
9health condition or disability that may impede effective
10communication.
11    (d) The Illinois State Police may not make information
12received under subsection (b) available in the statewide Law
13Enforcement Agencies Data System to a person who has access to
14the system under a contract unless the contract prohibits the
15person from disclosing that information to a person who is not
16subject to the contract.
17    (e) Except as otherwise provided by this Section,
18information supplied to the Secretary relating to a health
19condition or disability may not be disclosed to any person.
20Such information is for the confidential use of the Secretary
21and the Illinois State Police.".