Sen. Antonio Muņoz

Filed: 5/4/2016

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 467

2    AMENDMENT NO. ______. Amend Senate Bill 467 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Vehicle Code is amended by
5changing Section 7-604, 7-607 and by adding Section 7-604.5 as
6follows:
 
7    (625 ILCS 5/7-604)  (from Ch. 95 1/2, par. 7-604)
8    (Section scheduled to be repealed on December 31, 2016)
9    Sec. 7-604. Verification of liability insurance policy.
10    (a) The Secretary of State may select random samples of
11registrations of motor vehicles subject to Section 7-601 of
12this Code, or owners thereof, for the purpose of verifying
13whether or not the motor vehicles are insured.
14    In addition to such general random samples of motor vehicle
15registrations, the Secretary may select for verification other
16random samples, including, but not limited to registrations of

 

 

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1motor vehicles owned by persons:
2        (1) whose motor vehicle registrations during the
3    preceding 4 years have been suspended pursuant to Section
4    7-606 or 7-607 of this Code;
5        (2) who during the preceding 4 years have been
6    convicted of violating Section 3-707, 3-708 or 3-710 of
7    this Code while operating vehicles owned by other persons;
8        (3) whose driving privileges have been suspended
9    during the preceding 4 years;
10        (4) who during the preceding 4 years acquired ownership
11    of motor vehicles while the registrations of such vehicles
12    under the previous owners were suspended pursuant to
13    Section 7-606 or 7-607 of this Code; or
14        (5) who during the preceding 4 years have received a
15    disposition of supervision under subsection (c) of Section
16    5-6-1 of the Unified Code of Corrections for a violation of
17    Section 3-707, 3-708, or 3-710 of this Code.
18    (b) Upon receiving certification from the Department of
19Transportation under Section 7-201.2 of this Code of the name
20of an owner or operator of any motor vehicle involved in an
21accident, the Secretary may verify whether or not at the time
22of the accident such motor vehicle was covered by a liability
23insurance policy in accordance with Section 7-601 of this Code.
24    (c) In preparation for selection of random samples and
25their verification, the Secretary may send to owners of
26randomly selected motor vehicles, or to randomly selected motor

 

 

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1vehicle owners, requests for information about their motor
2vehicles and liability insurance coverage. The request shall
3require the owner to state whether or not the motor vehicle was
4insured on the verification date stated in the Secretary's
5request and the request may require, but is not limited to, a
6statement by the owner of the names and addresses of insurers,
7policy numbers, and expiration dates of insurance coverage.
8    (d) Within 30 days after the Secretary mails a request, the
9owner to whom it is sent shall furnish the requested
10information to the Secretary above the owner's signed
11affirmation that such information is true and correct. Proof of
12insurance in effect on the verification date, as prescribed by
13the Secretary, may be considered by the Secretary to be a
14satisfactory response to the request for information.
15    Any owner whose response indicates that his or her vehicle
16was not covered by a liability insurance policy in accordance
17with Section 7-601 of this Code shall be deemed to have
18registered or maintained registration of a motor vehicle in
19violation of that Section. Any owner who fails to respond to
20such a request shall be deemed to have registered or maintained
21registration of a motor vehicle in violation of Section 7-601
22of this Code.
23    (e) If the owner responds to the request for information by
24asserting that his or her vehicle was covered by a liability
25insurance policy on the verification date stated in the
26Secretary's request, the Secretary may conduct a verification

 

 

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1of the response by furnishing necessary information to the
2insurer named in the response. The insurer shall within 45 days
3inform the Secretary whether or not on the verification date
4stated the motor vehicle was insured by the insurer in
5accordance with Section 7-601 of this Code. The Secretary may
6by rule and regulation prescribe the procedures for
7verification.
8    (f) No random sample selected under this Section shall be
9categorized on the basis of race, color, religion, sex,
10national origin, ancestry, age, marital status, physical or
11mental disability, economic status or geography.
12    (f-5) This Section shall be inoperative upon the effective
13date of the rules adopted by the Secretary to implement Section
147-604.5 of this Code.
15    (g) This Section is repealed on December 31, 2016.
16(Source: P.A. 98-787, eff. 7-25-14; 99-333, eff. 12-30-15 (see
17Section 15 of P.A. 99-483 for the effective date of changes
18made by P.A. 99-333).)
 
19    (625 ILCS 5/7-604.5 new)
20    Sec. 7-604.5. Electronic verification of a liability
21insurance policy.
22    (a) The Secretary may implement a program of electronic
23motor vehicle liability insurance policy verification for
24motor vehicles subject to Section 7-601 of this Code for the
25purpose of verifying whether or not the motor vehicle is

 

 

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1insured. The program shall include, but is not limited to:
2        (1) a requirement that an insurance company authorized
3    to sell motor vehicle liability insurance in this State
4    shall make available, in a format designated by the
5    Secretary, to the Secretary for each motor vehicle
6    liability insurance policy issued by the company the
7    following information:
8            (A) the name of the policy holder;
9            (B) the make, model, year, and vehicle
10        identification number of the covered motor vehicle;
11            (C) the policy number;
12            (D) the policy effective date;
13            (E) the insurance company's National Association
14        of Insurance Commissioners number; and
15            (F) any other information the Secretary deems
16        necessary;
17        (2) a method for searching motor vehicle liability
18    insurance policies issued and in effect in this State by
19    using the information under subparagraphs (A), (B), or (C)
20    of paragraph (1) of this subsection (a);
21        (3) a requirement that at least twice per calendar
22    year, the Secretary shall verify the existence of a
23    liability insurance policy for every registered motor
24    vehicle subject to Section 7-601 of this Code; and if the
25    Secretary is unable to verify the existence of a liability
26    insurance policy, the Secretary shall send the vehicle

 

 

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1    owner a written notice allowing the vehicle owner 30
2    calendar days to provide proof of insurance on the date of
3    the attempted verification, or to provide proof that the
4    vehicle is no longer operable;
5        (4) a requirement that a vehicle owner who does not
6    provide proof of insurance or proof of an inoperable
7    vehicle under paragraph (3) of this subsection (a) shall be
8    in violation of Section 7-601 of this Code and the
9    Secretary shall suspend the vehicle's registration and the
10    owner of the vehicle shall pay any applicable reinstatement
11    fees under Section 7-606 of this Code; and
12        (5) a requirement that if a vehicle owner provides
13    proof of insurance on the date of the attempted
14    verification under paragraph (3) of this subsection (a),
15    the Secretary shall verify the vehicle owner's response by
16    furnishing necessary information to the insurance company.
17    Within 7 calendar days of receiving the information, the
18    insurance company shall confirm and notify the Secretary
19    the dates of the motor vehicle's insurance coverage. If the
20    insurance company does not confirm coverage for the date of
21    the attempted verification, the Secretary shall suspend
22    the vehicle's registration and the owner of the vehicle
23    shall pay any applicable reinstatement fees under Section
24    7-606 of this Code.
25    (b) In addition to the semi-annual verification of
26liability insurance under subsection (a) of this Section, the

 

 

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1Secretary may select monthly verification for a motor vehicle,
2including, but not limited to, a motor vehicle owned or
3operated by a person:
4        (1) whose motor vehicle registration during the
5    preceding 4 years has been suspended under Section 7-606 or
6    7-607 of this Code;
7        (2) who, during the preceding 4 years, has been
8    convicted of violating Section 3-707, 3-708, or 3-710 of
9    this Code while operating a vehicle owned by another
10    person;
11        (3) whose driving privileges have been suspended
12    during the preceding 4 years;
13        (4) who, during the preceding 4 years, acquired
14    ownership of a motor vehicle while the registration of the
15    vehicle under the previous owner was suspended under
16    Section 7-606 or 7-607 of this Code; or
17        (5) who, during the preceding 4 years, has received a
18    disposition of supervision under subsection (c) of Section
19    5-6-1 of the Unified Code of Corrections for a violation of
20    Section 3-707, 3-708, or 3-710 of this Code.
21    (c) The Secretary may contract with a private contractor to
22carry out the Secretary's duties under this Section.
23    (d) Nothing in this Section provides the Secretary with
24regulatory authority over insurance companies.
25    (e) The Secretary may adopt any rules necessary to
26implement this Section.
 

 

 

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1    (625 ILCS 5/7-607)  (from Ch. 95 1/2, par. 7-607)
2    Sec. 7-607. Submission of false proof - penalty. If the
3Secretary determines that the proof of insurance submitted by a
4motor vehicle owner under Section 7-604, 7-604.5, 7-605 or
57-606 of this Code is false, the Secretary shall suspend the
6owner's vehicle registration. The Secretary shall terminate
7the suspension 6 months after its effective date upon payment
8by the owner of a reinstatement fee of $200 and submission of
9proof of insurance as prescribed by the Secretary.
10    All fees collected under this Section shall be disbursed
11under subsection (g) of Section 2-119 of this Code.
12(Source: P.A. 99-127, eff. 1-1-16.)
 
13    Section 96. No revival or extension. This Act does not
14revive or extend any Section or Act otherwise repealed.".