Bill Text: IL HB3311 | 2023-2024 | 103rd General Assembly | Engrossed


Bill Title: 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.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Engrossed) 2023-03-24 - Referred to Assignments [HB3311 Detail]

Download: Illinois-2023-HB3311-Engrossed.html



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1 AN ACT concerning transportation.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Illinois Vehicle Code is amended by
5changing 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
10this Code shall make application to the Secretary of State for
11the registration of such vehicle upon the appropriate form or
12forms furnished by the Secretary. Every such application shall
13bear the signature of the owner written with pen and ink and
14contain:
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
11purchased from a dealer the application shall be accompanied
12by a Manufacturer's Statement of Origin from the dealer, and a
13statement 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
18this Code shall make application to the Secretary of State for
19the registration of such vehicle upon the appropriate form or
20forms furnished by the Secretary. Every such original
21application shall bear the signature of the owner written with
22pen 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
20must present, at the time of submission of an application for
21registration, a valid driver's license.
22 (b) When such application refers to a new vehicle
23purchased from a dealer the application shall be accompanied
24by a Manufacturer's Statement of Origin from the dealer, and a
25statement 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
2changes in a statute that is represented in this Act by text
3that is not yet or no longer in effect (for example, a Section
4represented by multiple versions), the use of that text does
5not accelerate or delay the taking effect of (i) the changes
6made by this Act or (ii) provisions derived from any other
7Public Act.
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