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91_HB4472
LRB9111943DHmb
1 AN ACT to amend the Illinois Vehicle Code by changing
2 Sections 3-405, 3-408, 3-415, and 3-704.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Vehicle Code is amended by
6 changing Sections 3-405, 3-408, 3-415, and 3-704 as follows:
7 (625 ILCS 5/3-405) (from Ch. 95 1/2, par. 3-405)
8 Sec. 3-405. Application for registration.
9 (a) Every owner of a vehicle subject to registration
10 under this Code shall make application to the Secretary of
11 State for the registration of such vehicle upon the
12 appropriate form or forms furnished by the Secretary. Every
13 such application shall bear the signature of the owner
14 written with pen and ink and contain:
15 1. The name, bona fide residence (except as
16 otherwise provided in this paragraph 1) and mail address
17 of the owner or business address of the owner if a firm,
18 association or corporation. If the mailing address is a
19 post office box number, the address listed on the driver
20 license record may be used to verify residence. A police
21 officer, a deputy sheriff, an elected sheriff, a law
22 enforcement officer for the Department of State Police,
23 or a fire investigator may elect to furnish the address
24 of the headquarters of the governmental entity or police
25 district where he or she works instead of his or her
26 residence address, in which case that address shall be
27 deemed to be his or her residence address for all
28 purposes under this Chapter 3. The spouse and children
29 of a person who may elect under this paragraph 1 to
30 furnish the address of the headquarters of the government
31 entity or police district where the person works instead
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1 of the person's residence address may, if they reside
2 with that person, also elect to furnish the address of
3 the headquarters of the government entity or police
4 district where the person works as their residence
5 address, in which case that address shall be deemed to be
6 their residence address for all purposes under this
7 Chapter 3. In this paragraph 1: (A) "police officer" has
8 the meaning ascribed to "policeman" in Section 10-3-1 of
9 the Illinois Municipal Code; (B) "deputy sheriff" means a
10 deputy sheriff appointed under Section 3-6008 of the
11 Counties Code; (C) "elected sheriff" means a sheriff
12 commissioned pursuant to Section 3-6001 of the Counties
13 Code; and (D) "fire investigator" means a person
14 classified as a peace officer under the Peace Officer
15 Fire Investigation Act.
16 2. A description of the vehicle, including such
17 information as is required in an application for a
18 certificate of title, determined under such standard
19 rating as may be prescribed by the Secretary.
20 3. Information, as may be required by the
21 Secretary, relating to the insurance policy for a motor
22 vehicle, including, but not limited to, the name of the
23 insurer which issued the policy.
24 4. Such further information as may reasonably be
25 required by the Secretary to enable him to determine
26 whether the vehicle is lawfully entitled to registration
27 and the owner entitled to a certificate of title.
28 5. An affirmation by the applicant that all
29 information set forth is true and correct. If the
30 application is for the registration of a motor vehicle,
31 the applicant also shall affirm that the motor vehicle is
32 insured as required by this Code, that such insurance
33 will be maintained throughout the period for which the
34 motor vehicle shall be registered, and that neither the
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1 owner, nor any person operating the motor vehicle with
2 the owner's permission, shall operate the motor vehicle
3 unless the required insurance is in effect. If the
4 person signing the affirmation is not the sole owner of
5 the vehicle, such person shall be deemed to have affirmed
6 on behalf of all the owners of the vehicle. If the
7 person signing the affirmation is not an owner of the
8 vehicle, such person shall be deemed to have affirmed on
9 behalf of the owner or owners of the vehicle. The lack of
10 signature on the application shall not in any manner
11 exempt the owner or owners from any provisions,
12 requirements or penalties of this Code.
13 (b) When such application refers to a new vehicle
14 purchased from a dealer the application shall be accompanied
15 by a Manufacturer's Statement of Origin from the dealer, and
16 a statement showing any lien retained by the dealer.
17 (c) Every application for registration of a vehicle
18 shall be accompanied by evidence of insurance coverage for
19 the vehicle as required under Section 7-602 of this Code.
20 (Source: P.A. 91-575, eff. 8-14-99.)
21 (625 ILCS 5/3-408) (from Ch. 95 1/2, par. 3-408)
22 Sec. 3-408. Grounds for refusing registration or
23 certificate of title. The Secretary of State shall refuse
24 registration or any transfer of registration upon any of the
25 following grounds:
26 1. That the application contains any false or fraudulent
27 statement or that the applicant has failed to furnish
28 required information or reasonable additional information
29 requested by the Secretary of State or that the applicant is
30 not entitled to the issuance of a certificate of title or
31 registration of the vehicle under Chapter 3.;
32 2. That the Secretary of State has reasonable ground to
33 believe that the vehicle is a stolen or embezzled vehicle or
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1 that the granting of registration would constitute a fraud
2 against the rightful owner or other person having valid lien
3 upon such vehicle.;
4 3. That the registration of the vehicle stands suspended
5 or revoked for any reason as provided in the motor-vehicle
6 laws of this State.;
7 4. That the required fee has not been paid.;
8 5. (a) In the case of medical transport vehicles, that
9 the application does not contain a copy of a completed
10 Vehicle Inspection Report issued by the Department of
11 Transportation which certifies that the vehicle has been
12 determined to be in safe mechanical condition by a safety
13 test administered within the preceding 6 months; and (b) in
14 the case of medical transport vehicles, other than vehicles
15 owned or operated by a unit of local government, proof of
16 financial responsibility.; or
17 6. That the applicant is 90 days or more delinquent in
18 court ordered child support payments or has been adjudicated
19 in arrears in an amount equal to 90 days' obligation or more
20 and has been found in contempt of court for failure to pay
21 the support, subject to the requirements and procedures of
22 Article VII of Chapter 7 of the Illinois Vehicle Code.
23 7. In the case of an application for registration of a
24 vehicle or for renewal of a vehicle registration, that the
25 application was not accompanied by evidence of insurance
26 coverage for the vehicle as required under subsection (c) of
27 Section 3-405 or subsection (g) of Section 3-415. If the
28 application was not accompanied by the required evidence of
29 insurance coverage, the Secretary of State shall send to the
30 applicant by regular first-class mail a written notice to
31 submit the required evidence of insurance coverage to the
32 Secretary of State within 45 days after the date the notice
33 was postmarked. In the case of an application for renewal of
34 a vehicle registration, the notice shall include a warning
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1 that if the applicant does not submit the required evidence
2 of insurance coverage to the Secretary of State within the
3 45-day period, the Secretary of State will revoke the
4 vehicle's registration pursuant to subsection (b) of Section
5 3-704.
6 (Source: P.A. 90-733, eff. 8-11-98.)
7 (625 ILCS 5/3-415) (from Ch. 95 1/2, par. 3-415)
8 Sec. 3-415. Application for and renewal of registration.
9 (a) Calendar year. Application for renewal of a vehicle
10 registration shall be made by the owner, as to those vehicles
11 required to be registered on a calendar registration year,
12 not later than December 1 of each year, upon proper
13 application and by payment of the registration fee and tax
14 for such vehicle, as provided by law except that application
15 for renewal of a vehicle registration, as to those vehicles
16 required to be registered on a staggered calendar year basis,
17 shall be made by the owner in the form and manner prescribed
18 by the Secretary of State.
19 (b) Fiscal year. Application for renewal of a vehicle
20 registration shall be made by the owner, as to those vehicles
21 required to be registered on a fiscal registration year, not
22 later than June 1 of each year, upon proper application and
23 by payment of the registration fee and tax for such vehicle
24 as provided by law, except that application for renewal of a
25 vehicle registration, as to those vehicles required to be
26 registered on a staggered fiscal year basis, shall be made by
27 the owner in the form and manner prescribed by the Secretary
28 of State.
29 (c) Two calendar years. Application for renewal of a
30 vehicle registration shall be made by the owner, as to those
31 vehicles required to be registered for 2 calendar years, not
32 later than December 1 of the year preceding commencement of
33 the 2-year registration period, except that application for
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1 renewal of a vehicle registration, as to those vehicles
2 required to be registered for 2 years on a staggered
3 registration basis, shall be made by the owner in the form
4 and manner prescribed by the Secretary of State.
5 (d) Two fiscal 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 fiscal years, not
8 later than June 1 immediately 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 fiscal years on a staggered
12 registration basis, shall be made by the owner in the form
13 and manner prescribed by the Secretary of State.
14 (e) Time of application. The Secretary of State may
15 receive applications for renewal of registration and grant
16 the same and issue new registration cards and plates or
17 registration stickers at any time prior to expiration of
18 registration. No person shall display upon a vehicle, the new
19 registration plates or registration stickers prior to the
20 dates the Secretary of State in his discretion may select.
21 (f) Verification. The Secretary of State may further
22 require, as to vehicles for-hire, that applications be
23 accompanied by verification that fees due under the Illinois
24 Motor Carrier of Property Law, as amended, have been paid.
25 (g) Evidence of insurance coverage. Every application
26 for renewal of a vehicle registration shall be accompanied by
27 evidence of insurance coverage for the vehicle as required
28 under Section 7-602 of this Code.
29 (Source: P.A. 80-230; 80-1185.)
30 (625 ILCS 5/3-704) (from Ch. 95 1/2, par. 3-704)
31 Sec. 3-704. Authority of Secretary of State to suspend or
32 revoke a registration or certificate of title.
33 (a) The Secretary of State may suspend or revoke the
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1 registration of a vehicle or a certificate of title,
2 registration card, registration sticker, registration plate,
3 person with disabilities parking decal or device, or any
4 nonresident or other permit in any of the following events:
5 1. When the Secretary of State is satisfied that
6 such registration or that such certificate, card, plate,
7 registration sticker or permit was fraudulently or
8 erroneously issued;
9 2. When a registered vehicle has been dismantled or
10 wrecked or is not properly equipped;
11 3. When the Secretary of State determines that any
12 required fees have not been paid to either the Secretary
13 of State or the Illinois Commerce Commission and the same
14 are not paid upon reasonable notice and demand;
15 4. When a registration card, registration plate,
16 registration sticker or permit is knowingly displayed
17 upon a vehicle other than the one for which issued;
18 5. When the Secretary of State determines that the
19 owner has committed any offense under this Chapter
20 involving the registration or the certificate, card,
21 plate, registration sticker or permit to be suspended or
22 revoked;
23 6. When the Secretary of State determines that a
24 vehicle registered not-for-hire is used or operated
25 for-hire unlawfully, or used or operated for purposes
26 other than those authorized;
27 7. When the Secretary of State determines that an
28 owner of a for-hire motor vehicle has failed to give
29 proof of financial responsibility as required by this
30 Act;
31 8. When the Secretary determines that the vehicle
32 is not subject to or eligible for a registration;
33 9. When the Secretary determines that the owner of
34 a vehicle registered under the mileage weight tax option
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1 fails to maintain the records specified by law, or fails
2 to file the reports required by law, or that such vehicle
3 is not equipped with an operable and operating
4 speedometer or odometer;
5 10. When the Secretary of State is so authorized
6 under any other provision of law; or
7 11. When the Secretary of State determines that the
8 holder of a person with disabilities parking decal or
9 device has committed any offense under Chapter 11 of this
10 Code involving the use of a person with disabilities
11 parking decal or device.
12 (b) The Secretary of State shall revoke the registration
13 of a vehicle and any registration card, registration plate,
14 and registration sticker applicable to the vehicle if an
15 applicant for renewal of the vehicle registration fails to
16 submit evidence of insurance coverage within 45 days after
17 being sent a notice to do so as provided in paragraph 6 of
18 Section 3-408.
19 (Source: P.A. 90-106, eff. 1-1-98.)