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Full Text of SB3819
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SB3819 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3819
Introduced 2/6/2026, by Sen. Neil Anderson
SYNOPSIS AS INTRODUCED:
625 ILCS 5/7-601
from Ch. 95 1/2, par. 7-601
Amends the Illinois Vehicle Code. Allows the Secretary of State to
waive the civil penalty imposed for failure to maintain required liability
insurance if all of the following conditions are met: the registered
owner's failure to maintain required liability insurance constitutes the
first offense for that registered owner; the vehicle was not operated upon
a public roadway during the period of noncompliance; the registered owner
was not issued a citation for operating an uninsured motor vehicle during
the period of noncompliance; and the registered owner submits an affidavit
attesting that during the period of noncompliance the vehicle was
inoperable or stored. Provides that the Secretary may require the
registered owner to submit reasonable documentation to substantiate the
affidavit. Provides that the waiver may be granted only once per
registered owner. Provides that knowingly submitting a false affidavit or
documentation constitutes a violation of the Code.
LRB104 20608 LNS 34099 b
A BILL FOR
SB3819
LRB104 20608 LNS 34099 b
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 7-601 as follows:
6
(625 ILCS 5/7-601)
(from Ch. 95 1/2, par. 7-601)
7
Sec. 7-601.
Required liability insurance policy.
8
(a) No person shall operate, register or maintain
9
registration of, and no owner shall permit another person to
10
operate, register or maintain registration of, a motor vehicle
11
designed to be used on a public highway in this State unless
12
the motor vehicle is covered by a liability insurance policy.
13
The insurance policy shall be issued in amounts no less
14
than the minimum amounts set for bodily injury or death and for
15
destruction of property under Section 7-203 of this Code, and
16
shall be issued in accordance with the requirements of
17
Sections 143a and 143a-2 of the Illinois Insurance Code, as
18
amended. No insurer other than an insurer authorized to do
19
business in this State shall issue a policy pursuant to this
20
Section for any vehicle subject to registration under this
21
Code. Nothing herein shall deprive an insurer of any policy
22
defense available at common law.
23
(b) The following vehicles are exempt from the
SB3819
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LRB104 20608 LNS 34099 b
1
requirements of this Section:
2
(1) vehicles subject to the provisions of Chapters 8
3
or 18a, Article III or Section 7-609 of Chapter 7, or
4
Sections 12-606 or 12-707.01 of Chapter 12 of this Code;
5
(2) vehicles required to file proof of liability
6
insurance with the Illinois Commerce Commission;
7
(3) vehicles covered by a certificate of
8
self-insurance under Section 7-502 of this Code;
9
(4) vehicles owned by the United States, the State of
10
Illinois, or any political subdivision, municipality or
11
local mass transit district;
12
(5) implements of husbandry;
13
(6) other vehicles complying with laws which require
14
them to be insured in amounts meeting or exceeding the
15
minimum amounts required under this Section; and
16
(7) inoperable or stored vehicles that are not
17
operated
, as defined by rules and regulations of the
18
Secretary
.
19
(b-5) Notwithstanding any other provision of law, the
20
Secretary of State shall waive the civil penalty imposed for
21
failure to maintain required liability insurance if all of the
22
following conditions are met:
23
(1) The registered owner's failure to maintain
24
required liability insurance constitutes the first offense
25
for that registered owner.
26
(2) The vehicle was not operated upon a public roadway
SB3819
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LRB104 20608 LNS 34099 b
1
during the period of noncompliance.
2
(3) The registered owner was not issued a citation for
3
operating an uninsured motor vehicle during the period of
4
noncompliance.
5
(4) The registered owner submits an affidavit, in a
6
form prescribed by the Secretary of State, attesting that
7
during the period of noncompliance the vehicle was
8
inoperable or stored, as defined in this subsection.
9
The Secretary of State may require the registered owner to
10
submit reasonable documentation to substantiate the affidavit,
11
including, but not limited to, repair records, mechanic
12
statements or invoices, towing receipts, storage agreements,
13
photographs, or other evidence demonstrating that the vehicle
14
was inoperable or stored during the period of noncompliance.
15
The waiver authorized under this subsection may be granted
16
only once per registered owner.
17
Knowingly submitting a false affidavit or documentation
18
under this subsection constitutes a violation of this Code.
19
For purposes of this subsection:
20
"Inoperable" means a motor vehicle that was not capable of
21
safe or lawful operation upon a public highway due to
22
mechanical condition and was not operated upon a public
23
roadway during the period of noncompliance.
24
"Stored" means a motor vehicle that was intentionally
25
removed from service, not operated upon a public roadway, and
26
kept off the public roadway during the period of
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LRB104 20608 LNS 34099 b
1
noncompliance.
2
(c) Every employee of a State agency, as that term is
3
defined in the Illinois State Auditing Act, who is assigned a
4
specific vehicle owned or leased by the State on an ongoing
5
basis shall provide the certification described in this
6
Section annually to the director or chief executive officer of
7
his or her agency.
8
The certification shall affirm that the employee is duly
9
licensed to drive the assigned vehicle and that (i) the
10
employee has liability insurance coverage extending to the
11
employee when the assigned vehicle is used for other than
12
official State business, or (ii) the employee has filed a bond
13
with the Secretary of State as proof of financial
14
responsibility, in an amount equal to, or in excess of the
15
requirements stated within this Section. Upon request of the
16
agency director or chief executive officer, the employee shall
17
present evidence to support the certification.
18
The certification shall be provided during the period July
19
1 through July 31 of each calendar year, or within 30 days of
20
any new assignment of a vehicle on an ongoing basis, whichever
21
is later.
22
The employee's authorization to use the assigned vehicle
23
shall automatically be rescinded upon:
24
(1) the revocation or suspension of the license
25
required to drive the assigned vehicle;
26
(2) the cancellation or termination for any reason of
SB3819
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LRB104 20608 LNS 34099 b
1
the automobile liability insurance coverage as required in
2
item (c)(i); or
3
(3) the termination of the bond filed with the
4
Secretary of State.
5
All State employees providing the required certification
6
shall immediately notify the agency director or chief
7
executive officer in the event any of these actions occur.
8
All peace officers employed by a State agency who are
9
primarily responsible for prevention and detection of crime
10
and the enforcement of the criminal, traffic, or highway laws
11
of this State, and prohibited by agency rule or policy to use
12
an assigned vehicle owned or leased by the State for regular
13
personal or off-duty use, are exempt from the requirements of
14
this Section.
15
(d) No person shall operate a motor vehicle registered in
16
another state upon the highways of this State unless the
17
vehicle is covered by a liability insurance policy. The
18
operator of the vehicle shall carry within the vehicle
19
evidence of the insurance.
20
(Source: P.A. 100-202, eff. 1-1-18; 100-828, eff. 1-1-19
.)
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