Rep. Chapin Rose
Filed: 3/20/2008
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1 | AMENDMENT TO HOUSE BILL 5907
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2 | AMENDMENT NO. ______. Amend House Bill 5907, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Illinois Vehicle Code is amended by | ||||||
6 | changing Sections 7-201, 7-204, 7-212, and 11-406 and adding | ||||||
7 | Section 11-406.1 as follows:
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8 | (625 ILCS 5/7-201) (from Ch. 95 1/2, par. 7-201)
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9 | Sec. 7-201. Application of Article II. The Administrator as | ||||||
10 | soon as practicable after the receipt of the
report, required | ||||||
11 | to be filed under Sections 11-406 and 11-410, of a motor
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12 | vehicle accident occurring within this State and that has | ||||||
13 | resulted in
bodily injury or death of any person or that damage | ||||||
14 | to the property of
any one person in excess of $1,500 (or $500 | ||||||
15 | if any of the vehicles involved in the accident is subject to | ||||||
16 | Section 7-601 but is not covered by a liability insurance |
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1 | policy in accordance with Section 7-601) $500 was sustained, | ||||||
2 | shall determine:
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3 | 1. Whether Section 7-202 of this Code requires the | ||||||
4 | deposit of security by
or on behalf of any person who was | ||||||
5 | the operator or owner of any motor
vehicle in any manner | ||||||
6 | involved in the accident and;
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7 | 2. What amount of security shall be sufficient to | ||||||
8 | satisfy any potential
judgment or judgments for money | ||||||
9 | damages resulting from the accident as may
be recovered | ||||||
10 | against the operator or owner, which amount shall in no | ||||||
11 | event
be less than $1,500 (or $500 if any of the vehicles | ||||||
12 | involved in the accident is subject to Section 7-601 but is | ||||||
13 | not covered by a liability insurance policy in accordance | ||||||
14 | with Section 7-601) $500 .
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15 | (Source: P.A. 87-829.)
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16 | (625 ILCS 5/7-204) (from Ch. 95 1/2, par. 7-204)
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17 | Sec. 7-204. Form and amount of security - Definition.
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18 | (A) Any security required to be deposited under this Act | ||||||
19 | shall be in
the form as the Secretary of State may require by | ||||||
20 | administrative rule, and
in the amounts as the
Administrator | ||||||
21 | may determine to be sufficient to satisfy any judgment or
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22 | judgments for damages against an operator or owner but in no | ||||||
23 | case in excess
of the limits specified in Section 7-203 of this | ||||||
24 | Act in reference to the
acceptable limits of a policy or bond | ||||||
25 | nor for an amount less than $1,500 (or $500 if any of the |
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1 | vehicles involved in the accident is subject to Section 7-601 | ||||||
2 | but is not covered by a liability insurance policy in | ||||||
3 | accordance with Section 7-601) $500 .
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4 | (B) The person depositing security shall specify in writing | ||||||
5 | the person
or persons on whose behalf the deposit is made and, | ||||||
6 | while at any time the
deposit is in the custody of the | ||||||
7 | Secretary of State or State Treasurer, the
person depositing it | ||||||
8 | may, in writing, amend the specification of the person
or | ||||||
9 | persons on whose behalf the deposit is made to include an | ||||||
10 | additional
person or persons; provided, however, that a single | ||||||
11 | deposit of security
shall be applicable only on behalf of | ||||||
12 | persons, required to furnish security
because of the same | ||||||
13 | accident.
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14 | (C) Within 10 days after any security required under the | ||||||
15 | provisions of
this Article is deposited with the Secretary of | ||||||
16 | State, the Secretary shall
send notice of the security deposit | ||||||
17 | to the following, if known:
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18 | 1. To each owner and operator of any vehicle involved | ||||||
19 | in the accident
that sustained damage in excess of $1,500 | ||||||
20 | (or $500 if any of the vehicles involved in the accident is | ||||||
21 | subject to Section 7-601 but is not covered by a liability | ||||||
22 | insurance policy in accordance with Section 7-601) $500 ;
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23 | 2. To any person who sustained damage to personal or | ||||||
24 | real property in
excess of $1,500 (or $500 if any of the | ||||||
25 | vehicles involved in the accident is subject to Section | ||||||
26 | 7-601 but is not covered by a liability insurance policy in |
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1 | accordance with Section 7-601) $500 ;
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2 | 3. To any person who was injured as a result of the | ||||||
3 | accident; and
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4 | 4. To the estate of any person killed as a result of | ||||||
5 | the accident.
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6 | (Source: P.A. 87-829.)
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7 | (625 ILCS 5/7-212) (from Ch. 95 1/2, par. 7-212)
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8 | Sec. 7-212. Authority of Administrator and Secretary of | ||||||
9 | State to decrease
amount of
security. The Administrator may | ||||||
10 | reduce the amount of security ordered in any
case
within one | ||||||
11 | year after the date of the accident, but in no event for an
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12 | amount less than $1,500 (or $500 if any of the vehicles | ||||||
13 | involved in the accident is subject to Section 7-601 but is not | ||||||
14 | covered by a liability insurance policy in accordance with | ||||||
15 | Section 7-601) $500 , if, in the judgment of the Administrator | ||||||
16 | the amount
ordered is excessive, or may revoke or rescind its | ||||||
17 | order requiring the
deposit of security in any case within one | ||||||
18 | year after the date of the
accident if, in the judgment of the | ||||||
19 | Administrator, the provisions of
Sections 7-202 and 7-203 | ||||||
20 | excuse or exempt the operator or owner from the
requirement of | ||||||
21 | the deposit. In case the security originally ordered has
been | ||||||
22 | deposited the excess of the reduced amount ordered shall be | ||||||
23 | returned
to the depositor or his personal representative | ||||||
24 | forthwith, notwithstanding
the provisions of Section 7-214. | ||||||
25 | The Secretary of State likewise shall have
authority granted to |
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1 | the Administrator to reduce the amount of security
ordered by | ||||||
2 | the Administrator.
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3 | (Source: P.A. 87-829.)
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4 | (625 ILCS 5/11-406) (from Ch. 95 1/2, par. 11-406)
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5 | Sec. 11-406. Duty to report accident.
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6 | (a) The driver of a vehicle that is in any manner involved | ||||||
7 | in an
accident within this State, resulting in injury to or | ||||||
8 | death of any
person, or in which damage to the property of any | ||||||
9 | one person, including
himself, in excess of $1,500 (or $500 if | ||||||
10 | any of the vehicles involved in the accident is subject to | ||||||
11 | Section 7-601 but is not covered by a liability insurance | ||||||
12 | policy in accordance with Section 7-601) $500 is sustained, | ||||||
13 | shall, as soon as possible but
not later than 10 days after the | ||||||
14 | accident, forward a written report of
the accident to the | ||||||
15 | Administrator.
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16 | (b) Whenever a school bus is involved in an accident in | ||||||
17 | this State,
caused by a collision, a sudden stop or otherwise, | ||||||
18 | resulting in any
property damage, personal injury or death and | ||||||
19 | whenever an accident
occurs within 50 feet of a school bus in | ||||||
20 | this State resulting in
personal injury to or the death of any | ||||||
21 | person while awaiting or
preparing to board the bus or | ||||||
22 | immediately after exiting the bus, the
driver shall as soon as | ||||||
23 | possible but not later than 10 days after the
accident, forward | ||||||
24 | a written report to the Department of Transportation.
If a | ||||||
25 | report is also required under Subsection (a) of this Section, |
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1 | that
report and the report required by this Subsection shall be | ||||||
2 | submitted on
a single form.
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3 | (c) The Administrator may require any driver, occupant or | ||||||
4 | owner of a
vehicle involved in an accident of which report must | ||||||
5 | be made as provided
in this Section or Section 11-410 of this | ||||||
6 | Chapter to file supplemental
reports whenever the original | ||||||
7 | report is insufficient in the opinion of
the Secretary of State | ||||||
8 | or the Administrator, and may require witnesses
of the accident | ||||||
9 | to submit written reports to the Administrator. The
report may | ||||||
10 | include photographs, charts, sketches, and graphs.
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11 | (d) Should the Administrator learn through other reports of
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12 | accidents required by law of the occurrence of an accident | ||||||
13 | reportable
under this Article and the driver, owner, or witness | ||||||
14 | has not reported as
required under Subsections (a), (b) or (c) | ||||||
15 | of this Section or Section
11-410, within the time specified, | ||||||
16 | the person is not relieved of the
responsibility and the | ||||||
17 | Administrator shall notify the person by first
class mail | ||||||
18 | directed to his last known address of his legal obligation.
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19 | However, the notification is not a condition precedent to | ||||||
20 | impose the
penalty for failure to report as provided in | ||||||
21 | Subsection (e).
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22 | (e) The Secretary of State shall suspend the driver's | ||||||
23 | license or any
non-resident's driving privilege of any person | ||||||
24 | who fails or neglects to
make report of a traffic accident as | ||||||
25 | required or as required by
any other law of this State.
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26 | (Source: P.A. 87-829.)".
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