093_SB2122
LRB093 13660 DRH 19040 b
1 AN ACT concerning vehicles.
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 Sections 3-405 and 3-415 as follows:
6 (625 ILCS 5/3-405) (from Ch. 95 1/2, par. 3-405)
7 Sec. 3-405. Application for registration.
8 (a) Every owner of a vehicle subject to registration
9 under this Code shall make application to the Secretary of
10 State for the registration of such vehicle upon the
11 appropriate form or forms furnished by the Secretary. Every
12 such application shall bear the signature of the owner
13 written with pen and ink and contain:
14 1. The name, bona fide residence (except as
15 otherwise provided in this paragraph 1) and mail address
16 of the owner or business address of the owner if a firm,
17 association or corporation. If the mailing address is a
18 post office box number, the address listed on the driver
19 license record may be used to verify residence. A police
20 officer, a deputy sheriff, an elected sheriff, a law
21 enforcement officer for the Department of State Police,
22 or a fire investigator may elect to furnish the address
23 of the headquarters of the governmental entity or police
24 district where he or she works instead of his or her
25 residence address, in which case that address shall be
26 deemed to be his or her residence address for all
27 purposes under this Chapter 3. The spouse and children
28 of a person who may elect under this paragraph 1 to
29 furnish the address of the headquarters of the government
30 entity or police district where the person works instead
31 of the person's residence address may, if they reside
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1 with that person, also elect to furnish the address of
2 the headquarters of the government entity or police
3 district where the person works as their residence
4 address, in which case that address shall be deemed to be
5 their residence address for all purposes under this
6 Chapter 3. In this paragraph 1: (A) "police officer" has
7 the meaning ascribed to "policeman" in Section 10-3-1 of
8 the Illinois Municipal Code; (B) "deputy sheriff" means a
9 deputy sheriff appointed under Section 3-6008 of the
10 Counties Code; (C) "elected sheriff" means a sheriff
11 commissioned pursuant to Section 3-6001 of the Counties
12 Code; and (D) "fire investigator" means a person
13 classified as a peace officer under the Peace Officer
14 Fire Investigation 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. Information, as may be required by the
20 Secretary, relating to the insurance policy for a motor
21 vehicle, including, but not limited to, the name of the
22 insurer which issued the policy.
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.
27 5. An affirmation by the applicant that all
28 information set forth is true and correct. If the
29 application is for the registration of a motor vehicle,
30 the applicant also shall affirm that the motor vehicle is
31 insured as required by this Code, that such insurance
32 will be maintained throughout the period for which the
33 motor vehicle shall be registered, and that neither the
34 owner, nor any person operating the motor vehicle with
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1 the owner's permission, shall operate the motor vehicle
2 unless the required insurance is in effect. If the
3 person signing the affirmation is not the sole owner of
4 the vehicle, such person shall be deemed to have affirmed
5 on behalf of all the owners of the vehicle. If the
6 person signing the affirmation is not an owner of the
7 vehicle, such person shall be deemed to have affirmed on
8 behalf of the owner or owners of the vehicle. The lack of
9 signature on the application shall not in any manner
10 exempt the owner or owners from any provisions,
11 requirements or penalties of this Code.
12 (b) When such application refers to a new vehicle
13 purchased from a dealer the application shall be accompanied
14 by a Manufacturer's Statement of Origin from the dealer, and
15 a statement showing any lien retained by the dealer.
16 (c) Proof that a liability insurance policy has been
17 purchased, if required under Section 7-601, must be provided
18 by the applicant at the time of application for registration
19 of any motor vehicle. The issuing agent must refuse to issue
20 registration if proof of purchase is not provided. Insurers
21 must furnish uniform insurance cards under Section 7-602 in a
22 form prescribed by the Secretary and must include (i) the
23 name of the insured's insurance company, (ii) the insured's
24 policy number and its expiration date, and (iii) the make,
25 year, and vehicle identification number of the vehicle
26 insured. The card must contain a statement notifying the
27 applicant of the penalty for submission of false proof under
28 Section 7-607, the penalty for display of false evidence of
29 insurance under Section 3-710, and the penalty for making a
30 material false statement under Section 4-105.
31 Proof of insurance may be established by presenting any
32 of the following:
33 (1) the original or a photocopy of:
34 (A) the insurance card;
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1 (B) the insurance policy;
2 (C) the insurance policy binder; or
3 (D) a certificate of insurance acceptable
4 under Section 7-315;
5 (2) an affidavit containing the following:
6 (A) the name of the insured's insurance
7 company;
8 (B) the insured's policy number and its
9 expiration date; and
10 (C) the make, year, and vehicle identification
11 number of the vehicle insured; or
12 (3) any other proof the Secretary may prescribe by
13 rule.
14 If an affidavit is provided as proof, it must be in
15 substantially the following form:
16 Under penalty of perjury, I (name of insured) do
17 hereby certify that I have liability insurance currently
18 in effect with (name of insurance company) under (policy
19 number and expiration date) covering (make, year, and
20 vehicle identification number of vehicle). (Signature of
21 insured)
22 The affidavit must include the following warning:
23 WARNING: GIVING FALSE INFORMATION IN ORDER TO OBTAIN A
24 VEHICLE REGISTRATION CERTIFICATE IS A CLASS 2 FELONY.
25 ANYONE GIVING FALSE INFORMATION ON THIS AFFIDAVIT IS
26 SUBJECT TO PROSECUTION.
27 When an application for a certificate of title is made
28 through a licensed motor vehicle dealer, as required in
29 subsection (b) of Section 3-104, the original or a photocopy
30 of the insurance card, insurance policy, insurance policy
31 binder, or certificate of insurance or the original affidavit
32 from the insured shall be forwarded by the motor vehicle
33 dealer to the Secretary of State for processing. A dealer who
34 forwards an affidavit signed by the insured is not liable in
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1 damages for any inadequacy, insufficiency, or falsification
2 of any statement contained in the affidavit.
3 (Source: P.A. 91-575, eff. 8-14-99.)
4 (625 ILCS 5/3-415) (from Ch. 95 1/2, par. 3-415)
5 Sec. 3-415. Application for and renewal of registration.
6 (a) Calendar year. Application for renewal of a vehicle
7 registration shall be made by the owner, as to those vehicles
8 required to be registered on a calendar registration year,
9 not later than December 1 of each year, upon proper
10 application and by payment of the registration fee and tax
11 for such vehicle, as provided by law except that application
12 for renewal of a vehicle registration, as to those vehicles
13 required to be registered on a staggered calendar year basis,
14 shall be made by the owner in the form and manner prescribed
15 by the Secretary of State.
16 (b) Fiscal year. Application for renewal of a vehicle
17 registration shall be made by the owner, as to those vehicles
18 required to be registered on a fiscal registration year, not
19 later than June 1 of each year, upon proper application and
20 by payment of the registration fee and tax for such vehicle
21 as provided by law, except that application for renewal of a
22 vehicle registration, as to those vehicles required to be
23 registered on a staggered fiscal year basis, shall be made by
24 the owner in the form and manner prescribed by the Secretary
25 of State.
26 (c) Two calendar years. Application for renewal of a
27 vehicle registration shall be made by the owner, as to those
28 vehicles required to be registered for 2 calendar years, not
29 later than December 1 of the year preceding commencement of
30 the 2-year registration period, except that application for
31 renewal of a vehicle registration, as to those vehicles
32 required to be registered for 2 years on a staggered
33 registration basis, shall be made by the owner in the form
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1 and manner prescribed by the Secretary of State.
2 (d) Two fiscal years. Application for renewal of a
3 vehicle registration shall be made by the owner, as to those
4 vehicles required to be registered for 2 fiscal years, not
5 later than June 1 immediately preceding commencement of the
6 2-year registration period, except that application for
7 renewal of a vehicle registration, as to those vehicles
8 required to be registered for 2 fiscal years on a staggered
9 registration basis, shall be made by the owner in the form
10 and manner prescribed by the Secretary of State.
11 (e) Time of application. The Secretary of State may
12 receive applications for renewal of registration and grant
13 the same and issue new registration cards and plates or
14 registration stickers at any time prior to expiration of
15 registration. No person shall display upon a vehicle, the new
16 registration plates or registration stickers prior to the
17 dates the Secretary of State in his discretion may select.
18 (f) Verification. The Secretary of State may further
19 require, as to vehicles for-hire, that applications be
20 accompanied by verification that fees due under the Illinois
21 Motor Carrier of Property Law, as amended, have been paid.
22 (g) Proof of insurance. Proof that a liability insurance
23 policy has been purchased, if required under Section 7-601,
24 must be provided by the applicant at the time of application
25 for registration of any motor vehicle. The issuing agent must
26 refuse to issue registration if proof of purchase is not
27 provided. Insurers must furnish uniform insurance cards in a
28 form prescribed by the Secretary and must include the name of
29 the insured's insurance company, the insured's policy number
30 and its expiration date, and the make, year, and vehicle
31 identification number of the vehicle insured. The card must
32 contain a statement notifying the applicant of the penalty
33 for submission of false proof under Section 7-607, the
34 penalty for display of false evidence of insurance under
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1 Section 3-710, and the penalty for making a material false
2 statement under Section 4-105.
3 Proof of insurance may be established by presenting any
4 of the following:
5 (1) the original or a photocopy of:
6 (A) the insurance card;
7 (B) the insurance policy;
8 (C) the insurance policy binder; or
9 (D) a certificate of insurance acceptable
10 under Section 7-315;
11 (2) an affidavit containing the following:
12 (A) the name of the insured's insurance
13 company;
14 (B) the insured's policy number and its
15 expiration date; and
16 (C) the make, year, and vehicle identification
17 number of the vehicle insured; or
18 (3) any other proof the Secretary may prescribe by
19 rule.
20 If an affidavit is provided as proof, it must be in
21 substantially the following form:
22 Under penalty of perjury, I (name of insured) do
23 hereby certify that I have liability insurance currently
24 in effect with (name of insurance company) under (policy
25 number and expiration date) covering (make, year, and
26 vehicle identification number of vehicle). (Signature of
27 insured)
28 The affidavit must include the following warning:
29 WARNING: GIVING FALSE INFORMATION IN ORDER TO OBTAIN A
30 VEHICLE REGISTRATION CERTIFICATE IS A CLASS 2 FELONY.
31 ANYONE GIVING FALSE INFORMATION ON THIS AFFIDAVIT IS
32 SUBJECT TO PROSECUTION.
33 When an application for a certificate of title is made
34 through a licensed motor vehicle dealer, as required in
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1 subsection (b) of Section 3-104, the original or a photocopy
2 of the insurance card, insurance policy, insurance policy
3 binder, or certificate of insurance or the original affidavit
4 from the insured shall be forwarded by the motor vehicle
5 dealer to the Secretary of State for processing. A dealer who
6 forwards an affidavit signed by the insured is not liable in
7 damages for any inadequacy, insufficiency, or falsification
8 of any statement contained in the affidavit.
9 (h) A motor vehicle whose registration has been
10 suspended for not having the insurance coverage required
11 under Section 7-601 may not be reregistered in the name of
12 the owner, the owner's spouse, parent, or child or any member
13 of the same household, until the owner has paid the
14 reinstatement fee required under Section 7-606. If the
15 vehicle's registration plates have expired, new plates may
16 not be issued until the vehicle owner has complied with the
17 reinstatement requirements of this Code.
18 (Source: P.A. 80-230; 80-1185.)
19 Section 99. Effective date. This Act takes effect upon
20 becoming law.