Illinois 2023-2024 Regular Session

Illinois House Bill HB3311 Latest Draft

Bill / Engrossed Version Filed 03/15/2023

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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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