Full Text of HB3311 103rd General Assembly
HB3311 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB3311 Introduced 2/17/2023, by Rep. Joe C. Sosnowski SYNOPSIS AS INTRODUCED: |
| 625 ILCS 5/3-405 | from Ch. 95 1/2, par. 3-405 |
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Amends the Illinois Vehicle Code. Requires every applicant for the registration of a motor vehicle to present, at the time of submission of an application for registration, a valid driver's license.
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| | 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 | 5 | | changing Section 3-405 as follows:
| 6 | | (625 ILCS 5/3-405) (from Ch. 95 1/2, par. 3-405)
| 7 | | (Text of Section before amendment by P.A. 102-1069 )
| 8 | | Sec. 3-405. Application for registration.
| 9 | | (a) Every owner of a vehicle subject to registration under | 10 | | this Code shall
make application to the Secretary of State for | 11 | | the registration of such
vehicle upon the appropriate form or | 12 | | forms furnished by the Secretary.
Every such application shall | 13 | | bear the signature of the owner
written with pen and ink and | 14 | | contain:
| 15 | | 1. The name, domicile address, as defined in Section | 16 | | 1-115.5 of this Code, (except as otherwise provided in | 17 | | this
paragraph 1), mail address of the owner or
business | 18 | | address of the owner if a firm, association, or | 19 | | corporation, and, if available, email address of the | 20 | | owner. If
the mailing address is a post office box number, | 21 | | the address listed on the
driver license record may be | 22 | | used to verify residence.
A police officer, a deputy | 23 | | sheriff, an elected sheriff, a law enforcement
officer for |
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| 1 | | the Illinois State Police, a fire investigator, a state's | 2 | | attorney, an assistant state's attorney, a state's | 3 | | attorney special investigator, or a judicial officer may | 4 | | elect to
furnish
the address of the headquarters of the | 5 | | governmental entity, police district, or business address
| 6 | | where he or she
works instead of his or her domicile | 7 | | address, in which case that address shall
be deemed to be | 8 | | his or her domicile address for all purposes under this
| 9 | | Chapter 3.
The spouse and children of a person who may | 10 | | elect under this paragraph 1 to
furnish the address of the | 11 | | headquarters of the government entity, police
district, or | 12 | | business address where the person works instead of the | 13 | | person's domicile address may,
if they reside with that | 14 | | person, also elect to furnish the address of the
| 15 | | headquarters of the government entity, police district, or | 16 | | business address where the person works
as their domicile | 17 | | address, in which case that address shall be deemed to be
| 18 | | their domicile address for all purposes under this Chapter | 19 | | 3.
In this paragraph 1: (A)
"police officer" has the | 20 | | meaning ascribed to "policeman" in Section 10-3-1 of
the | 21 | | Illinois Municipal Code; (B) "deputy sheriff" means a | 22 | | deputy sheriff
appointed under Section 3-6008 of the | 23 | | Counties Code; (C) "elected sheriff"
means a sheriff | 24 | | commissioned pursuant to Section 3-6001 of the Counties | 25 | | Code;
(D) "fire
investigator" means a person classified as | 26 | | a peace officer under the Peace
Officer Fire Investigation |
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| 1 | | Act; (E) "state's attorney", "assistant state's attorney", | 2 | | and "state's attorney special investigator" mean a state's | 3 | | attorney, assistant state's attorney, and state's attorney | 4 | | special investigator commissioned or appointed under | 5 | | Division 3-9 of the Counties Code; and (F) "judicial | 6 | | officer" has the meaning ascribed to it in Section 1-10 of | 7 | | the Judicial Privacy Act.
| 8 | | 2. A description of the vehicle, including such | 9 | | information as is
required in an application for a | 10 | | certificate of title, determined under such
standard | 11 | | rating as may be prescribed by the Secretary.
| 12 | | 3. (Blank).
| 13 | | 4. Such further information as may reasonably be | 14 | | required by the
Secretary to enable him to determine | 15 | | whether the vehicle is
lawfully entitled to registration | 16 | | and the owner entitled to a certificate
of title.
| 17 | | 5. An affirmation by the applicant that all | 18 | | information set forth is
true and correct. If the
| 19 | | application is for the registration of a motor vehicle, | 20 | | the applicant also
shall affirm that the motor vehicle is | 21 | | insured as required by this Code,
that such insurance will | 22 | | be maintained throughout the period for which the
motor | 23 | | vehicle shall be registered, and that neither the owner, | 24 | | nor any
person operating the motor vehicle with the | 25 | | owner's permission, shall
operate the motor vehicle unless | 26 | | the required insurance is in effect. If
the person signing |
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| 1 | | the affirmation is not the sole owner of the vehicle,
such | 2 | | person shall be deemed to have affirmed on behalf of all | 3 | | the owners of
the vehicle. If the person signing the | 4 | | affirmation is not an owner of the
vehicle, such person | 5 | | shall be deemed to have affirmed on behalf of the
owner or | 6 | | owners of the vehicle. The lack of signature on the | 7 | | application
shall not in any manner exempt the owner or | 8 | | owners from any provisions,
requirements or penalties of | 9 | | this Code.
| 10 | | (b) When such application refers to a new vehicle | 11 | | purchased from a
dealer the application shall be accompanied | 12 | | by a Manufacturer's Statement
of Origin from the dealer, and a | 13 | | statement showing any lien retained by the
dealer.
| 14 | | (Source: P.A. 102-538, eff. 8-20-21.)
| 15 | | (Text of Section after amendment by P.A. 102-1069 )
| 16 | | Sec. 3-405. Application for registration.
| 17 | | (a) Every owner of a vehicle subject to registration under | 18 | | this Code shall
make application to the Secretary of State for | 19 | | the registration of such
vehicle upon the appropriate form or | 20 | | forms furnished by the Secretary.
Every such original | 21 | | application shall bear the signature of the owner
written with | 22 | | pen and ink and contain:
| 23 | | 1. The name, domicile address, as defined in Section | 24 | | 1-115.5 of this Code, (except as otherwise provided in | 25 | | this
paragraph 1), mail address of the owner or
business |
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| 1 | | address of the owner if a firm, association, or | 2 | | corporation, and, if available, email address of the | 3 | | owner. If
the mailing address is a post office box number, | 4 | | the address listed on the
driver license record may be | 5 | | used to verify residence.
A police officer, a deputy | 6 | | sheriff, an elected sheriff, a law enforcement
officer for | 7 | | the Illinois State Police, a fire investigator, a state's | 8 | | attorney, an assistant state's attorney, a state's | 9 | | attorney special investigator, or a judicial officer may | 10 | | elect to
furnish
the address of the headquarters of the | 11 | | governmental entity, police district, or business address
| 12 | | where he or she
works instead of his or her domicile | 13 | | address, in which case that address shall
be deemed to be | 14 | | his or her domicile address for all purposes under this
| 15 | | Chapter 3.
The spouse and children of a person who may | 16 | | elect under this paragraph 1 to
furnish the address of the | 17 | | headquarters of the government entity, police
district, or | 18 | | business address where the person works instead of the | 19 | | person's domicile address may,
if they reside with that | 20 | | person, also elect to furnish the address of the
| 21 | | headquarters of the government entity, police district, or | 22 | | business address where the person works
as their domicile | 23 | | address, in which case that address shall be deemed to be
| 24 | | their domicile address for all purposes under this Chapter | 25 | | 3.
In this paragraph 1: (A)
"police officer" has the | 26 | | meaning ascribed to "policeman" in Section 10-3-1 of
the |
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| 1 | | Illinois Municipal Code; (B) "deputy sheriff" means a | 2 | | deputy sheriff
appointed under Section 3-6008 of the | 3 | | Counties Code; (C) "elected sheriff"
means a sheriff | 4 | | commissioned pursuant to Section 3-6001 of the Counties | 5 | | Code;
(D) "fire
investigator" means a person classified as | 6 | | a peace officer under the Peace
Officer Fire Investigation | 7 | | Act; (E) "state's attorney", "assistant state's attorney", | 8 | | and "state's attorney special investigator" mean a state's | 9 | | attorney, assistant state's attorney, and state's attorney | 10 | | special investigator commissioned or appointed under | 11 | | Division 3-9 of the Counties Code; and (F) "judicial | 12 | | officer" has the meaning ascribed to it in Section 1-10 of | 13 | | the Judicial Privacy Act.
| 14 | | 2. A description of the vehicle, including such | 15 | | information as is
required in an application for a | 16 | | certificate of title, determined under such
standard | 17 | | rating as may be prescribed by the Secretary.
| 18 | | 3. (Blank). | 19 | | 3.5. A space for a voluntary disclosure of a condition | 20 | | that impedes effective communication under Section | 21 | | 3-405.5.
| 22 | | 4. Such further information as may reasonably be | 23 | | required by the
Secretary to enable him to determine | 24 | | whether the vehicle is
lawfully entitled to registration | 25 | | and the owner entitled to a certificate
of title.
| 26 | | 5. An affirmation by the applicant that all |
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| 1 | | information set forth is
true and correct. If the
| 2 | | application is for the registration of a motor vehicle, | 3 | | the applicant also
shall affirm that the motor vehicle is | 4 | | insured as required by this Code,
that such insurance will | 5 | | be maintained throughout the period for which the
motor | 6 | | vehicle shall be registered, and that neither the owner, | 7 | | nor any
person operating the motor vehicle with the | 8 | | owner's permission, shall
operate the motor vehicle unless | 9 | | the required insurance is in effect. If
the person signing | 10 | | the affirmation is not the sole owner of the vehicle,
such | 11 | | person shall be deemed to have affirmed on behalf of all | 12 | | the owners of
the vehicle. If the person signing the | 13 | | affirmation is not an owner of the
vehicle, such person | 14 | | shall be deemed to have affirmed on behalf of the
owner or | 15 | | owners of the vehicle. The lack of signature on the | 16 | | application
shall not in any manner exempt the owner or | 17 | | owners from any provisions,
requirements or penalties of | 18 | | this Code.
| 19 | | Every applicant for the registration of a motor vehicle | 20 | | must present, at the time of submission of an application for | 21 | | registration, a valid driver's license. | 22 | | (b) When such application refers to a new vehicle | 23 | | purchased from a
dealer the application shall be accompanied | 24 | | by a Manufacturer's Statement
of Origin from the dealer, and a | 25 | | statement showing any lien retained by the
dealer.
| 26 | | (Source: P.A. 102-538, eff. 8-20-21; 102-1069, eff. 7-1-23.)
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| 1 | | Section 95. No acceleration or delay. Where this Act makes | 2 | | changes in a statute that is represented in this Act by text | 3 | | that is not yet or no longer in effect (for example, a Section | 4 | | represented by multiple versions), the use of that text does | 5 | | not accelerate or delay the taking effect of (i) the changes | 6 | | made by this Act or (ii) provisions derived from any other | 7 | | Public Act.
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