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Rep. Ronald A. Wait
Filed: 3/15/2005
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09400HB2758ham001 |
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LRB094 09622 DRH 43068 a |
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| AMENDMENT TO HOUSE BILL 2758
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| AMENDMENT NO. ______. Amend House Bill 2758 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The Illinois Vehicle Code is amended by |
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| changing Sections 7-202 and 7-601 as follows:
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| (625 ILCS 5/7-202) (from Ch. 95 1/2, par. 7-202)
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| Sec. 7-202. Exceptions to requirements of security. (a) The |
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| requirements
as to security and suspension as provided by |
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| Sections 7-201 and 7-205 shall not apply:
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| 1. To the driver or owner if such owner had in effect at |
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| the time of such
motor vehicle accident a liability policy |
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| covering such driver and owner
with respect to the vehicle |
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| involved in such motor vehicle
accident; this exemption, |
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| however, does not apply to a driver whose insurance company has |
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| declined coverage because the driver failed to cooperate with |
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| the insurance company's investigation of an accident;
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| 2. To the driver, if not the owner of such vehicle, if |
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| there
was in effect at the time of such motor vehicle accident |
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| a liability policy
or bond with respect to the operation of |
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| motor vehicles not owned by the driver;
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| 3. To the driver or owner if the liability of such driver |
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| or owner for
damages resulting from such motor vehicle accident |
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| is covered by any other
form of liability insurance policy or |
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| bond;
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LRB094 09622 DRH 43068 a |
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| 4. To the driver or owner, if such owner is qualified as a
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| self-insurer as provided in Section 7-502;
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| 5. To the owner if such owner at the time of such motor |
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| vehicle accident
was in compliance with Section 8-101 or |
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| Section 9-101;
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| 6. To the driver or owner if such owner at the time of such |
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| motor vehicle
accident was in compliance with the Federal |
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| Revised Interstate Commerce Act
(P.L. 95-473), as now or |
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| hereafter amended;
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| 7. To the owner if the vehicle involved in such motor |
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| vehicle accident
was owned by the United States, this State or |
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| any political sub-division of
this State, any municipality |
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| therein, or any local Mass Transit District;
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| 8. To the driver or the owner of a vehicle involved in a |
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| motor vehicle
accident wherein no injury or damage was caused |
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| to the person or
property of any one other than such driver or |
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| owner;
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| 9. To the driver or the owner of a vehicle which at the |
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| time of the motor
vehicle accident was parked, unless such |
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| vehicle was parked at a place where
parking was at the time of |
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| the accident prohibited under any applicable
law or ordinance;
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| 10. To the owner of a vehicle if at the time of the motor |
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| vehicle accident
the vehicle was being operated without his |
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| permission, express or implied,
or was parked by a person who |
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| had been operating such motor
vehicle without such permission;
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| 11. To the driver, if not the owner, of a commercial motor |
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| vehicle on
which there was no liability policy or bond with |
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| respect to the
operation of such vehicle in effect at the time |
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| of the motor vehicle accident
when the driver was operating the |
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| vehicle in
the course of the driver's employment and had
no |
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| actual knowledge of such lack of a liability policy or bond |
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| prior to
the motor vehicle accident.
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| (b) If at the time of the motor vehicle accident, an owner |
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| or
driver is covered by a motor vehicle liability policy or |
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LRB094 09622 DRH 43068 a |
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| bond meeting the
requirements of this Code, such owner or |
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| driver shall be exempt
from suspension under Section 7-205 as |
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| to that motor vehicle accident,
if the company issuing the |
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| policy or bond has failed, and such policy or
bond was not |
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| effective at the time of the motor vehicle accident or
any time |
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| thereafter, provided, that the owner or driver had no knowledge
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| of the company's failure prior to the motor vehicle accident, |
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| and such
owner or driver has secured within 30 days after |
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| learning of such failure
another liability policy or bond |
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| meeting the requirements of the Code relating
to future |
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| occurrences or motor vehicle accidents.
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| As used in this paragraph, the words "failed" or "failure"
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| mean that the company has suspended operations by order of a |
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| court.
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| (Source: P.A. 85-293.)
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| (625 ILCS 5/7-601) (from Ch. 95 1/2, par. 7-601)
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| Sec. 7-601. Required liability insurance policy.
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| (a) No person shall operate, register or maintain |
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| registration of, and no
owner shall permit another person to |
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| operate, register or maintain registration
of, a motor vehicle |
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| designed to be used on a public highway unless the motor
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| vehicle is covered by a liability insurance policy.
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| The insurance policy shall be issued in amounts no less |
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| than the minimum
amounts set for bodily injury or death and for |
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| destruction of property under
Section 7-203 of this Code, and |
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| shall be issued in accordance with the
requirements of Sections |
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| 143a and 143a-2 of the Illinois Insurance Code, as
amended. No |
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| insurer other than an insurer authorized to do business in this
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| State shall issue a policy pursuant to this Section for any |
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| vehicle subject to
registration under this Code. Nothing herein |
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| shall deprive an insurer of any
policy defense available at |
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| common law. |
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| (a-1) A driver is in violation of this Section if his or |
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| her insurance company denies coverage because the driver has |
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| failed to cooperate with the insurance company's investigation |
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| of an accident.
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| (b) The following vehicles are exempt from the requirements |
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| of this Section:
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| (1) vehicles subject to the provisions of Chapters 8 or |
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| 18a, Article
III or Section 7-609 of Chapter 7, or
Sections |
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| 12-606 or 12-707.01 of Chapter 12 of this Code;
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| (2) vehicles required to file proof of liability |
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| insurance with the
Illinois Commerce Commission;
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| (3) vehicles covered by a certificate of |
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| self-insurance under Section
7-502 of this Code;
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| (4) vehicles owned by the United States, the State of |
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| Illinois, or any
political subdivision, municipality or |
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| local mass transit district;
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| (5) implements of husbandry;
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| (6) other vehicles complying with laws which require |
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| them to be insured
in amounts meeting or exceeding the |
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| minimum amounts required under this
Section; and
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| (7) inoperable or stored vehicles that are not |
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| operated, as defined by
rules and regulations of the |
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| Secretary.
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| (c) Every employee of a State agency, as that term is |
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| defined in the
Illinois State Auditing Act,
who is assigned a
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| specific vehicle owned or leased by the State on an ongoing |
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| basis shall provide
the certification described in this Section |
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| annually to the director or chief
executive officer of his or |
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| her agency.
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| The certification shall affirm that the employee is duly |
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| licensed to
drive the assigned vehicle and that (i) the |
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| employee has liability insurance
coverage extending to the |
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| employee when the assigned vehicle is used for other
than |
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| official State business, or (ii) the employee has filed
a bond |
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| with the Secretary of State as proof of financial |
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| responsibility, in an
amount equal to, or in excess of the |
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| requirements stated within this Section.
Upon request of the |
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| agency director or chief executive officer, the employee
shall |
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| present evidence to
support
the certification.
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| The certification shall be provided during the period July |
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| 1 through July
31 of each calendar year, or within 30 days of |
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| any new assignment of a vehicle
on
an ongoing basis, whichever |
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| is later.
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| The employee's authorization to use the assigned vehicle |
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| shall
automatically
be rescinded upon:
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| (1) the revocation or suspension of the license |
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| required to drive the
assigned vehicle;
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| (2) the cancellation or termination for any reason of |
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| the automobile
liability insurance coverage as required in |
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| item (c) (i); or
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| (3) the termination of the bond filed with the |
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| Secretary of State.
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| All State employees providing the required certification |
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| shall immediately
notify the agency director or chief executive |
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| officer in the event any of these
actions occur.
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| All peace
officers employed by a State agency who are |
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| primarily responsible for
prevention and detection of crime and |
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| the enforcement of the criminal, traffic,
or
highway laws of |
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| this State, and prohibited by agency rule or policy to use an
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| assigned vehicle owned or leased by the State for regular |
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| personal or off-duty
use, are exempt from the requirements of |
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| this Section.
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| (Source: P.A. 91-661, eff. 12-22-99.)".
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