Full Text of HB4992 93rd General Assembly
HB4992 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB4992
Introduced 02/05/04, by Ron Stephens, Mike Bost, Jim Watson, Robert W. Pritchard, Michael P. McAuliffe SYNOPSIS AS INTRODUCED: |
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625 ILCS 5/7-202 |
from Ch. 95 1/2, par. 7-202 |
625 ILCS 5/7-211 |
from Ch. 95 1/2, par. 7-211 |
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Amends the Illinois Vehicle Code. Provides that a person required to post security after an accident is exempt from that requirement while serving in the United States Armed Forces outside of the United States.
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A BILL FOR
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HB4992 |
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LRB093 18638 DRH 44364 b |
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| AN ACT concerning vehicles.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Vehicle Code is amended by changing | 5 |
| Sections 7-202 and 7-211 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.
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| (a) The requirements
as to security and suspension as | 9 |
| provided by 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 | 11 |
| at the time of such
motor vehicle accident a liability | 12 |
| policy covering such driver and owner
with respect to the | 13 |
| vehicle involved in such motor vehicle
accident;
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| 2. To the driver, if not the owner of such vehicle, if | 15 |
| there
was in effect at the time of such motor vehicle | 16 |
| accident a liability policy
or bond with respect to the | 17 |
| operation of motor vehicles not owned by the driver;
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| 3. To the driver or owner if the liability of such | 19 |
| driver or owner for
damages resulting from such motor | 20 |
| vehicle accident is covered by any other
form of liability | 21 |
| insurance policy or bond;
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| 4. To the driver or owner, if such owner is qualified | 23 |
| as a
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 | 25 |
| vehicle accident
was in compliance with Section 8-101 or | 26 |
| Section 9-101;
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| 6. To the driver or owner if such owner at the time of | 28 |
| such motor vehicle
accident was in compliance with the | 29 |
| Federal Revised Interstate Commerce Act
(P.L. 95-473), as | 30 |
| now or hereafter amended;
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| 7. To the owner if the vehicle involved in such motor | 32 |
| vehicle accident
was owned by the United States, this State |
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HB4992 |
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LRB093 18638 DRH 44364 b |
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| or any political sub-division of
this State, any | 2 |
| municipality therein, or any local Mass Transit District;
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| 8. To the driver or the owner of a vehicle involved in | 4 |
| a motor vehicle
accident wherein no injury or damage was | 5 |
| caused to the person or
property of any one other than such | 6 |
| driver or owner;
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| 9. To the driver or the owner of a vehicle which at the | 8 |
| time of the motor
vehicle accident was parked, unless such | 9 |
| vehicle was parked at a place where
parking was at the time | 10 |
| of the accident prohibited under any applicable
law or | 11 |
| ordinance;
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| 10. To the owner of a vehicle if at the time of the | 13 |
| motor vehicle accident
the vehicle was being operated | 14 |
| without his permission, express or implied,
or was parked | 15 |
| by a person who had been operating such motor
vehicle | 16 |
| without such permission;
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| 11. To the driver, if not the owner, of a commercial | 18 |
| motor vehicle on
which there was no liability policy or | 19 |
| bond with respect to the
operation of such vehicle in | 20 |
| effect at the time of the motor vehicle accident
when the | 21 |
| driver was operating the vehicle in
the course of the | 22 |
| driver's employment and had
no actual knowledge of such | 23 |
| lack of a liability policy or bond prior to
the motor | 24 |
| vehicle accident ; .
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| 12. To the driver or owner of a vehicle, while on | 26 |
| active duty, serving in the Armed Forces of the United | 27 |
| States outside of the United States.
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| (b) If at the time of the motor vehicle accident, an owner | 29 |
| or
driver is covered by a motor vehicle liability policy or | 30 |
| bond meeting the
requirements of this Code, such owner or | 31 |
| driver shall be exempt
from suspension under Section 7-205 as | 32 |
| to that motor vehicle accident,
if the company issuing the | 33 |
| policy or bond has failed, and such policy or
bond was not | 34 |
| effective at the time of the motor vehicle accident or
any time | 35 |
| 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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LRB093 18638 DRH 44364 b |
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| and such
owner or driver has secured within 30 days after | 2 |
| learning of such failure
another liability policy or bond | 3 |
| meeting the requirements of the Code relating
to future | 4 |
| 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 | 7 |
| court.
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| (Source: P.A. 85-293.)
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| (625 ILCS 5/7-211) (from Ch. 95 1/2, par. 7-211)
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| Sec. 7-211. Duration of suspension.
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| (a) Unless a suspension is terminated
under other | 12 |
| provisions of this Code, the driver's license or registration
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| and nonresident's operating privilege suspended as provided in | 14 |
| Section
7-205 shall remain suspended and shall not be renewed | 15 |
| nor shall any
license or registration be issued to the person | 16 |
| until:
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| 1. The person deposits or there shall
be deposited and | 18 |
| filed on
the person's behalf the security required under | 19 |
| Section 7-201;
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| 2. Two years have elapsed following the date the | 21 |
| driver's license
and registrations were suspended and | 22 |
| evidence satisfactory to the Secretary
of State that during | 23 |
| the period no action for damages arising
out of a
motor | 24 |
| vehicle accident has been properly filed;
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| 3. Receipt of proper notice that the person has filed | 26 |
| bankruptcy which
would include all claims for personal | 27 |
| injury and property damage resulting
from the accident; or
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| 4. After the expiration of 5 years from the date of the | 29 |
| accident, the
Secretary of State has not received | 30 |
| documentation that any action at law
for damages arising | 31 |
| out of the motor vehicle accident has been filed against
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| the person ; or .
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| 5. Receipt of proper notice that the person is exempt | 34 |
| from the requirements as to security and suspension under | 35 |
| Section 7-202.
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LRB093 18638 DRH 44364 b |
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| An affidavit that no action at law for damages arising
out | 2 |
| of the motor vehicle accident has been filed against the | 3 |
| applicant,
or if filed that it is not still pending shall be | 4 |
| prima facie evidence
of that fact. The Secretary of State may | 5 |
| take whatever steps are necessary
to verify the statement set | 6 |
| forth in the applicant's affidavit.
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| (b) The driver's license or registration and nonresident's | 8 |
| operating
privileges suspended as provided in Section 7-205 | 9 |
| shall also remain suspended
and shall not be renewed nor shall | 10 |
| any license or registration be issued to the
person until the | 11 |
| person gives proof of his or her financial responsibility in
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| the future as provided in Section 1-164.5. The proof is to be
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| maintained by the
person in a manner satisfactory to the | 14 |
| Secretary of State for a period of 3
years after the date the | 15 |
| proof is first filed.
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| (Source: P.A. 90-264, eff. 1-1-98; 91-80, eff. 7-9-99.)
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