Full Text of HB5384 97th General Assembly
HB5384 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB5384 Introduced 2/15/2012, by Rep. Richard Morthland SYNOPSIS AS INTRODUCED: |
| 625 ILCS 5/3-415 | from Ch. 95 1/2, par. 3-415 | 625 ILCS 5/7-601 | from Ch. 95 1/2, par. 7-601 |
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Amends the Illinois Vehicle Code. Provides that the Secretary of State may not register or renew the registration of any vehicle that is subject to liability insurance requirements without first verifying that the vehicle is covered by liability insurance in amounts no less than the statutory minimums.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 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 3-415 and 7-601 as follows:
| 6 | | (625 ILCS 5/3-415) (from Ch. 95 1/2, par. 3-415)
| 7 | | Sec. 3-415. Application for and renewal of registration. | 8 | | (a) Calendar
year. Application for renewal of a vehicle | 9 | | registration shall be made by
the owner, as to those vehicles | 10 | | required to be registered on a calendar
registration year, not | 11 | | later than December 1 of each year, upon proper
application
and | 12 | | by payment of the registration fee and tax for such vehicle, as | 13 | | provided
by law except that application for renewal of a | 14 | | vehicle registration, as
to those vehicles required to be | 15 | | registered on a staggered calendar year
basis, shall be made by | 16 | | the owner in the form and manner prescribed by the
Secretary of | 17 | | State.
| 18 | | (b) Fiscal year. Application for renewal of a vehicle
| 19 | | registration shall be made by the owner, as to those vehicles
| 20 | | required to be registered on a fiscal registration year, not
| 21 | | later than June 1 of each year, upon proper application and by
| 22 | | payment of the registration fee and tax for such vehicle as
| 23 | | provided by law, except that application for renewal of a |
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| 1 | | vehicle registration,
as to those vehicles required to be | 2 | | registered on a staggered fiscal year
basis, shall be made by | 3 | | the owner in the form and manner prescribed by the
Secretary of | 4 | | State.
| 5 | | (c) Two calendar years. Application for renewal of a | 6 | | vehicle
registration shall be made by the owner, as to those | 7 | | vehicles
required to be registered for 2 calendar years, not | 8 | | later than
December 1 of the year preceding commencement of the | 9 | | 2-year
registration period, except that application for | 10 | | renewal of a vehicle
registration, as to those vehicles | 11 | | required to be registered for 2 years
on a staggered | 12 | | registration basis, shall be made by the owner in the form
and | 13 | | manner prescribed by the Secretary of State.
| 14 | | (d) Two fiscal years. Application for renewal of a vehicle
| 15 | | registration shall be made by the owner, as to those vehicles
| 16 | | required to be registered for 2 fiscal years, not later than
| 17 | | June 1 immediately preceding commencement of the 2-year
| 18 | | registration period, except that application for renewal of a | 19 | | vehicle
registration, as to those vehicles required to be | 20 | | registered for 2 fiscal
years on a staggered registration | 21 | | basis, shall be made by the owner in the
form and manner | 22 | | prescribed by the Secretary of State.
| 23 | | (d-5) Three calendar years. Application for renewal of a | 24 | | vehicle
registration shall be made by the owner, as to those | 25 | | vehicles
required to be registered for 3 calendar years, not | 26 | | later than
December 1 of the year preceding commencement of the |
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| 1 | | 3-year
registration period. | 2 | | (e) Time of application. The Secretary of State may receive
| 3 | | applications for renewal of registration and grant the same
and | 4 | | issue new registration cards and plates or registration
| 5 | | stickers at any time prior to expiration of registration.
No | 6 | | person shall display upon a vehicle, the new registration
| 7 | | plates or registration stickers prior to the dates the | 8 | | Secretary of State
in his discretion
may select.
| 9 | | (f) Verification. The Secretary of State may further
| 10 | | require, as to vehicles for-hire, that applications be
| 11 | | accompanied by verification that fees due under the Illinois
| 12 | | Motor Carrier of Property Law, as amended, have been paid.
| 13 | | (g) Applications for registration renewal shall include | 14 | | information relating to the insurance policy for the motor | 15 | | vehicle, including the name of the insurer that issued the | 16 | | policy, the policy number, and the expiration date of the | 17 | | policy.
The Secretary of State may not register or renew the | 18 | | registration of any vehicle that is subject to the requirements | 19 | | of subsection (a) of Section 7-601 of this Code without first | 20 | | verifying that the vehicle is insured in conformity with the | 21 | | requirements of that subsection. | 22 | | (Source: P.A. 96-747, eff. 1-1-10.)
| 23 | | (625 ILCS 5/7-601) (from Ch. 95 1/2, par. 7-601)
| 24 | | Sec. 7-601. Required liability insurance policy.
| 25 | | (a) No person shall operate, register or maintain |
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| 1 | | registration of, and no
owner shall permit another person to | 2 | | operate, register or maintain registration
of, a motor vehicle | 3 | | designed to be used on a public highway unless the motor
| 4 | | vehicle is covered by a liability insurance policy.
| 5 | | The insurance policy shall be issued in amounts no less | 6 | | than the minimum
amounts set for bodily injury or death and for | 7 | | destruction of property under
Section 7-203 of this Code, and | 8 | | shall be issued in accordance with the
requirements of Sections | 9 | | 143a and 143a-2 of the Illinois Insurance Code, as
amended. No | 10 | | insurer other than an insurer authorized to do business in this
| 11 | | State shall issue a policy pursuant to this Section for any | 12 | | vehicle subject to
registration under this Code. Nothing herein | 13 | | shall deprive an insurer of any
policy defense available at | 14 | | common law.
| 15 | | (b) The following vehicles are exempt from the requirements | 16 | | of this Section:
| 17 | | (1) vehicles subject to the provisions of Chapters 8 or | 18 | | 18a, Article
III or Section 7-609 of Chapter 7, or
Sections | 19 | | 12-606 or 12-707.01 of Chapter 12 of this Code;
| 20 | | (2) vehicles required to file proof of liability | 21 | | insurance with the
Illinois Commerce Commission;
| 22 | | (3) vehicles covered by a certificate of | 23 | | self-insurance under Section
7-502 of this Code;
| 24 | | (4) vehicles owned by the United States, the State of | 25 | | Illinois, or any
political subdivision, municipality or | 26 | | local mass transit district;
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| 1 | | (5) implements of husbandry;
| 2 | | (6) other vehicles complying with laws which require | 3 | | them to be insured
in amounts meeting or exceeding the | 4 | | minimum amounts required under this
Section; and
| 5 | | (7) inoperable or stored vehicles that are not | 6 | | operated, as defined by
rules and regulations of the | 7 | | Secretary.
| 8 | | (c) Every employee of a State agency, as that term is | 9 | | defined in the
Illinois State Auditing Act,
who is assigned a
| 10 | | specific vehicle owned or leased by the State on an ongoing | 11 | | basis shall provide
the certification described in this Section | 12 | | annually to the director or chief
executive officer of his or | 13 | | her agency.
| 14 | | The certification shall affirm that the employee is duly | 15 | | licensed to
drive the assigned vehicle and that (i) the | 16 | | employee has liability insurance
coverage extending to the | 17 | | employee when the assigned vehicle is used for other
than | 18 | | official State business, or (ii) the employee has filed
a bond | 19 | | with the Secretary of State as proof of financial | 20 | | responsibility, in an
amount equal to, or in excess of the | 21 | | requirements stated within this Section.
Upon request of the | 22 | | agency director or chief executive officer, the employee
shall | 23 | | present evidence to
support
the certification.
| 24 | | The certification shall be provided during the period July | 25 | | 1 through July
31 of each calendar year, or within 30 days of | 26 | | any new assignment of a vehicle
on
an ongoing basis, whichever |
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| 1 | | is later.
| 2 | | The employee's authorization to use the assigned vehicle | 3 | | shall
automatically
be rescinded upon:
| 4 | | (1) the revocation or suspension of the license | 5 | | required to drive the
assigned vehicle;
| 6 | | (2) the cancellation or termination for any reason of | 7 | | the automobile
liability insurance coverage as required in | 8 | | item (c) (i); or
| 9 | | (3) the termination of the bond filed with the | 10 | | Secretary of State.
| 11 | | All State employees providing the required certification | 12 | | shall immediately
notify the agency director or chief executive | 13 | | officer in the event any of these
actions occur.
| 14 | | All peace
officers employed by a State agency who are | 15 | | primarily responsible for
prevention and detection of crime and | 16 | | the enforcement of the criminal, traffic,
or
highway laws of | 17 | | this State, and prohibited by agency rule or policy to use an
| 18 | | assigned vehicle owned or leased by the State for regular | 19 | | personal or off-duty
use, are exempt from the requirements of | 20 | | this Section.
| 21 | | (d) The Secretary of State may not register or renew the | 22 | | registration of any vehicle that is subject to the requirements | 23 | | of subsection (a) of this Section without first verifying that | 24 | | the vehicle is insured in conformity with the requirements of | 25 | | that subsection. | 26 | | (Source: P.A. 91-661, eff. 12-22-99.)
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