Full Text of HB2262 99th General Assembly
HB2262ham001 99TH GENERAL ASSEMBLY | Rep. Bill Mitchell Filed: 4/15/2016
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| 1 | | AMENDMENT TO HOUSE BILL 2262
| 2 | | AMENDMENT NO. ______. Amend House Bill 2262 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Vehicle Code is amended by | 5 | | changing Section 12-707.01 as follows:
| 6 | | (625 ILCS 5/12-707.01) (from Ch. 95 1/2, par. 12-707.01)
| 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.
| 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
| 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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