HB4211 95TH GENERAL ASSEMBLY

LRB095 14815 DRH 40755 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB4211

Introduced , by Rep. LaShawn K. Ford

SYNOPSIS AS INTRODUCED:

625 ILCS 5/3-710	from Ch. 95 1/2, par. 3-710
625 ILCS 5/7-602	from Ch. 95 1/2, par. 7-602
625 ILCS 5/7-603	from Ch. 95 1/2, par. 7-603

Amends the Illinois Vehicle Code. Provides that an insurer that issues a liability insurance policy for a vehicle shall issue to the policy holder an insurance window sticker as evidence that the vehicle is covered by the policy. Provides that rules adopted by the Secretary of State shall prescribe that an insurance window sticker contain the same information as is required on an insurance card and shall require that reasonable measures be taken to prevent the fraudulent production of insurance window stickers. Provides that the insurance window sticker shall be permanently affixed to the lower left corner of the windshield of the vehicle. Provides that the display of a false insurance window sticker is a Class A misdemeanor. Provides that a person commits a Class 4 felony if he or she alters an invalid insurance window sticker to make it appear valid or knowingly makes, sells, or otherwise makes available an invalid or counterfeit insurance window sticker.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning transportation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Vehicle Code is amended by changing Sections 3-710, 7-602, and 7-603 as follows:

(625 ILCS 5/3-710) (from Ch. 95 1/2, par. 3-710)

Sec. 3-710. Display of false insurance card or window sticker. No person shall display evidence of insurance to a law enforcement officer, court, or officer of the court, knowing there is no valid liability insurance in effect on the motor vehicle as required under Section 7-601 of this Code or knowing the evidence of insurance is illegally altered, counterfeit, or otherwise invalid as evidence of insurance required under Section 7-602 of this Code. If the law enforcement officer issues a citation to a motor vehicle operator for displaying invalid evidence of insurance, the officer shall confiscate the evidence for presentation in court.

Any person convicted of violating this Section is guilty of a Class A misdemeanor.

(Source: P.A. 89-565, eff. 7-26-96.)

(625 ILCS 5/7-602) (from Ch. 95 1/2, par. 7-602)

Sec. 7-602. Insurance card and window sticker. Every operator of a motor vehicle subject to Section 7-601 of this Code shall carry within the vehicle evidence of insurance. If the evidence of insurance is an insurance window sticker, it shall be permanently affixed to the lower left corner of the windshield of the vehicle. The evidence shall be legible and sufficient to demonstrate that the motor vehicle currently is covered by a liability insurance policy as required under Section 7-601 of this Code and may include, but is not limited to, the following:

(a) an insurance card or window sticker provided by the insurer under this Section;

(b) the combination of proof of purchase of the motor vehicle within the previous 60 days and a current insurance card issued for the motor vehicle replaced by such purchase;

(c) the current declarations page of a liability insurance policy;

(d) a liability insurance binder, certificate of liability insurance or receipt for payment to an insurer or its authorized representative for a liability insurance premium, provided such document contains all information the Secretary of State by rule and regulation may require;

(e) a current rental agreement;

(f) registration plates, registration sticker or other evidence of registration issued by the Secretary only upon submission of proof of liability insurance pursuant to this Code;

(g) a certificate, decal, or other document or device issued by a governmental agency for a motor vehicle indicating the vehicle is insured for liability pursuant to law.

An insurance card and window sticker shall be provided for each motor vehicle insured by the insurer issuing the liability insurance policy.

The form, contents and manner of issuance of the insurance card and window sticker shall be prescribed by rules and regulations of the Secretary of State. The Secretary shall adopt rules requiring that reasonable measures be taken to prevent the fraudulent production of insurance cards and window stickers. The insurance card and window sticker shall display an effective date and an expiration date covering a period of time not to exceed 12 months. The insurance card and window sticker shall contain the following disclaimer: "Examine policy exclusions carefully. This form does not constitute any part of your insurance policy." If the insurance policy represented by the insurance card and window sticker does not cover any driver operating the motor vehicle with the owner's permission, or the owner when operating a motor vehicle other than the vehicle for which the policy is issued, the insurance card and window sticker shall contain a warning of such limitations in the coverage provided by the policy.

No insurer shall issue a card or window sticker, similar in appearance, form and content to the insurance card and window sticker required under this Section, in connection with an insurance policy that does not provide the liability insurance coverage required under Section 7-601 of this Code.

Unless the evidence of insurance is an insurance window sticker permanently affixed to the lower left corner of the windshield of the vehicle, the The evidence of insurance shall be displayed upon request made by any law enforcement officer wearing a uniform or displaying a badge or other sign of authority. Any person who fails or refuses to comply with such request is in violation of Section 3-707 of this Code. Any person who displays evidence of insurance, knowing there is no valid liability insurance in effect on the motor vehicle as required under Section 7-601 of this Code or knowing the evidence of insurance is illegally altered, counterfeit or otherwise invalid, is in violation of Section 3-710 of this Code.

"Display" means (i) the permanent attachment of the insurance window sticker to the lower left corner of the windshield of the vehicle or (ii) the manual surrender of the insurance card or other evidence of insurance into the hands of the law enforcement officer, court, or officer of the court making the request for the officer's, court's, or officer of the court's inspection thereof.

(Source: P.A. 93-719, eff. 1-1-05.)

(625 ILCS 5/7-603) (from Ch. 95 1/2, par. 7-603)

Sec. 7-603. Illegal insurance cards and window stickers - penalty. No person shall alter an invalid insurance card or window sticker to make it appear valid. No person knowingly shall make, sell or otherwise make available an invalid or counterfeit insurance card or window sticker.

Any person convicted of a violation of this Section is guilty of a Class 4 felony.

(Source: P.A. 85-1201.)