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Rep. Bill Mitchell
Filed: 4/15/2016
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1 | | AMENDMENT TO HOUSE BILL 2262
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2 | | AMENDMENT NO. ______. Amend House Bill 2262 by replacing |
3 | | everything after the enacting clause with the following:
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4 | | "Section 5. The Illinois Vehicle Code is amended by |
5 | | changing Section 12-707.01 as follows:
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6 | | (625 ILCS 5/12-707.01) (from Ch. 95 1/2, par. 12-707.01)
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7 | | Sec. 12-707.01. Liability insurance. |
8 | | (a) No school bus, first division vehicle including a taxi |
9 | | which is used for a purpose that requires a school bus driver |
10 | | permit, commuter van or
motor vehicle owned by or used for hire |
11 | | by and in connection with the
operation of private or public |
12 | | schools, day camps, summer camps or
nursery schools, and no |
13 | | commuter van or passenger car used for a for-profit
ridesharing |
14 | | arrangement, shall be operated for such purposes unless the |
15 | | owner
thereof shall carry a minimum of personal injury |
16 | | liability insurance in
the amount of $25,000 for any one person |
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1 | | in any one accident, and
subject to the limit for one person, |
2 | | $100,000 for two or more persons
injured by reason of the |
3 | | operation of the vehicle in any one accident. This subsection |
4 | | (a) applies only to personal injury liability policies issued |
5 | | or renewed before January 1, 2013.
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6 | | (b) Liability insurance policies issued or renewed on and |
7 | | after January 1, 2013 shall comply with the following: |
8 | | (1) except as provided in subparagraph (2) of this |
9 | | subsection (b), any vehicle that is used for a purpose that |
10 | | requires a school bus driver permit under Section 6-104 of |
11 | | this Code shall carry a minimum of liability insurance in
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12 | | the amount of $2,000,000 . This minimum insurance |
13 | | requirement may be satisfied by either (i) a $2,000,000 |
14 | | combined single limit primary commercial automobile |
15 | | policy; or (ii) a $1 million primary commercial automobile |
16 | | policy and a minimum $5,000,000 excess or umbrella |
17 | | liability policy combined single limit per accident ; |
18 | | (2) any vehicle that is used for a purpose that |
19 | | requires a school bus driver permit under Section 6-104 of |
20 | | this Code and is used in connection with the operation of |
21 | | private day care facilities, day camps, summer camps, or |
22 | | nursery schools shall carry a minimum of liability |
23 | | insurance in
the amount of $1,000,000 combined single limit |
24 | | per accident; |
25 | | (3) any commuter van or passenger car used for a |
26 | | for-profit
ridesharing arrangement shall carry a minimum |
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1 | | of liability insurance in
the amount of $500,000 combined |
2 | | single limit per accident. |
3 | | (c) Primary insurance coverage under the provisions of this |
4 | | Section must be provided by a licensed and admitted insurance |
5 | | carrier or an intergovernmental cooperative formed under |
6 | | Section 10 of Article VII of the Illinois Constitution, or |
7 | | Section 6 or 9 of the Intergovernmental Cooperation Act, or |
8 | | provided by a certified self-insurer under Section 7-502 of |
9 | | this Code. The excess or umbrella liability coverage |
10 | | requirement may be met by securing surplus line insurance as |
11 | | defined under Section 445 of the Illinois Insurance Code. If |
12 | | the excess or umbrella liability coverage requirement is met by |
13 | | securing surplus line insurance, that coverage must be effected |
14 | | through a licensed surplus line producer acting under the |
15 | | surplus line insurance laws and regulations of this State. |
16 | | Nothing in this subsection (c) shall be construed as |
17 | | prohibiting a licensed and admitted insurance carrier or an |
18 | | intergovernmental cooperative formed under Section 10 of |
19 | | Article VII of the Illinois Constitution, or Section 6 or 9 of |
20 | | the Intergovernmental Cooperation Act, or a certified |
21 | | self-insurer under Section 7-502 of this Code, from retaining |
22 | | the risk required under paragraphs (1) and (2) of subsection |
23 | | (b) of this Section or issuing a single primary policy meeting |
24 | | the requirements of paragraphs (1) and (2) of subsection (b). |
25 | | (d) Each owner of a vehicle required to obtain the minimum |
26 | | liability requirements under subsection (b) of this Section |
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1 | | shall attest that the vehicle meets the minimum insurance |
2 | | requirements under this Section. The Secretary of State shall |
3 | | create a form for each owner of a vehicle to attest that the |
4 | | owner meets the minimum insurance requirements and the owner of |
5 | | the vehicle shall submit the form with each registration |
6 | | application. The form shall be valid for the full registration |
7 | | period; however, if at any time the Secretary has reason to |
8 | | believe that the owner does not have the minimum required |
9 | | amount of insurance for a vehicle, then the Secretary may |
10 | | require a certificate of insurance, or its equivalent, to |
11 | | ensure the vehicle is insured. If the owner fails to produce a |
12 | | certificate of insurance, or its equivalent, within 2 calendar |
13 | | days after the request was made, then the Secretary may revoke |
14 | | the vehicle owner's registration until the Secretary is assured |
15 | | the vehicle meets the minimum insurance requirements. If the |
16 | | owner of a vehicle participates in an intergovernmental |
17 | | cooperative or is self-insured, then the owner shall attest |
18 | | that the insurance required under this Section is equivalent to |
19 | | or greater than the insurance required under paragraph (1) of |
20 | | subsection (b) of this Section. The Secretary may adopt any |
21 | | rules necessary to enforce the provisions of this subsection |
22 | | (d). |
23 | | (Source: P.A. 97-224, eff. 7-28-11; 97-1078, eff. 8-24-12.)".
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