Full Text of HB2840 102nd General Assembly
HB2840 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB2840 Introduced 2/19/2021, by Rep. Joe Sosnowski SYNOPSIS AS INTRODUCED: |
| 625 ILCS 5/1-164.5 | | 625 ILCS 5/7-203 | from Ch. 95 1/2, par. 7-203 | 625 ILCS 5/7-311 | from Ch. 95 1/2, par. 7-311 | 625 ILCS 5/7-317 | from Ch. 95 1/2, par. 7-317 |
625 ILCS 5/12-606 | from Ch. 95 1/2, par. 12-606 |
625 ILCS 5/12-707.01 | from Ch. 95 1/2, par. 12-707.01 |
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Amends the Illinois Vehicle Code. Increases the minimum mandatory coverage amounts for liability insurance policies in this State and increases the amounts sufficient to satisfy a judgment following a motor vehicle accident as follows: bodily injury or death to any one person from $25,000 to $50,000; bodily injury or death to more than one person from $50,000 to $100,000; and injury or destruction of property of others from $20,000 to $40,000.
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| | A BILL FOR |
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| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Vehicle Code is amended by | 5 | | changing Sections 1-164.5, 7-203, 7-311, 7-317, 12-606, and | 6 | | 12-707.01 as follows:
| 7 | | (625 ILCS 5/1-164.5)
| 8 | | Sec. 1-164.5. Proof of financial responsibility. Proof of | 9 | | ability to
respond in damages for any liability thereafter | 10 | | incurred resulting from the
ownership, maintenance, use or | 11 | | operation of a motor vehicle for bodily injury
to or death of | 12 | | any person in the amount of $50,000 $25,000 , and subject to | 13 | | this limit
for any one person injured or killed, in the amount | 14 | | of $100,000 $50,000 for bodily
injury to or death of 2 or more | 15 | | persons in any one accident, and for damage to
property in the | 16 | | amount of $40,000 $20,000 resulting from any one accident. | 17 | | This proof
in these amounts shall be furnished for each motor | 18 | | vehicle registered by every
person required to furnish this | 19 | | proof. The changes to this Section made by this amendatory Act | 20 | | of the 98th General Assembly apply only to policies issued or | 21 | | renewed on or after January 1, 2015.
| 22 | | (Source: P.A. 98-519, eff. 1-1-15 .)
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| 1 | | (625 ILCS 5/7-203) (from Ch. 95 1/2, par. 7-203)
| 2 | | Sec. 7-203. Requirements as to policy or bond. No such | 3 | | policy or bond referred to in Section 7-202 shall
be effective | 4 | | under this Section unless issued by an insurance company or
| 5 | | surety company authorized to do business in this State, except | 6 | | that if
such motor vehicle was not registered in this State, or | 7 | | was a motor
vehicle which was registered elsewhere than in | 8 | | this State at the
effective date of the policy or bond, or the | 9 | | most recent renewal
thereof, such policy or bond shall not be | 10 | | effective under this Section
unless the insurance company or | 11 | | surety company, if not authorized to do
business in this | 12 | | State, shall execute a power of attorney authorizing
the | 13 | | Secretary of State to accept service on its behalf of notice or
| 14 | | process in any action upon such policy or bond arising out of | 15 | | such
motor vehicle accident. However, every such policy or | 16 | | bond is subject, if
the motor vehicle accident has resulted in | 17 | | bodily injury or death, to
a limit, exclusive of interest and | 18 | | costs, of not less than $50,000 $25,000 because of
bodily | 19 | | injury to or death of any one person in any one motor vehicle
| 20 | | accident and, subject to said limit for one person, to a limit | 21 | | of not less than $100,000
$50,000 because of bodily injury to | 22 | | or death of 2 or more persons
in any one motor vehicle | 23 | | accident, and, if the motor vehicle accident
has resulted in | 24 | | injury to or destruction of property, to a limit of not
less | 25 | | than $40,000 $20,000 because of injury to or destruction of
| 26 | | property of others
in any one motor vehicle accident. The |
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| 1 | | changes to this Section made by this amendatory Act of the 98th | 2 | | General Assembly apply only to policies issued or renewed on | 3 | | or after January 1, 2015.
| 4 | | Upon receipt of a written motor vehicle accident
report | 5 | | from the Administrator the insurance company or surety company
| 6 | | named in such notice shall notify the Administrator within | 7 | | such time and
in such manner as the Administrator may require, | 8 | | in case such policy or
bond was not in effect at the time of | 9 | | such motor vehicle accident.
| 10 | | (Source: P.A. 98-519, eff. 1-1-15 .)
| 11 | | (625 ILCS 5/7-311) (from Ch. 95 1/2, par. 7-311)
| 12 | | Sec. 7-311. Payments sufficient to satisfy requirements. | 13 | | (a) Judgments herein referred to arising out of motor | 14 | | vehicle accidents
occurring on or after January 1, 2015 (the | 15 | | effective date of Public Act 98-519) shall for the purpose of | 16 | | this
Chapter be deemed satisfied:
| 17 | | 1. when $50,000 $25,000 has been credited upon any | 18 | | judgment or judgments
rendered in excess of that amount | 19 | | for bodily injury to or the death of
one person as the | 20 | | result of any one motor vehicle accident; or
| 21 | | 2. when, subject to said limit of $50,000 $25,000 as | 22 | | to any one person, the sum
of $100,000 $50,000 has been | 23 | | credited upon any judgment or judgments rendered
in excess | 24 | | of that amount for bodily injury to or the death of more | 25 | | than
one person as the result of any one motor vehicle |
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| 1 | | accident; or
| 2 | | 3. when $40,000 $20,000 has been credited upon any | 3 | | judgment or judgments,
rendered in excess of that amount | 4 | | for damages to property of others as a
result of any one | 5 | | motor vehicle accident.
| 6 | | The changes to this subsection made by Public Act 98-519 | 7 | | apply only to policies issued or renewed on or after January 1, | 8 | | 2015. | 9 | | (b) Credit for such amounts shall be deemed a satisfaction | 10 | | of any such
judgment or judgments in excess of said amounts | 11 | | only for the purposes of
this Chapter.
| 12 | | (c) Whenever payment has been made in settlement of any | 13 | | claim for bodily
injury, death, or property damage arising | 14 | | from a motor vehicle accident
resulting in injury, death, or | 15 | | property damage to two or more persons in
such accident, any | 16 | | such payment shall be credited in reduction of the
amounts | 17 | | provided for in this Section.
| 18 | | (Source: P.A. 99-78, eff. 7-20-15; 100-201, eff. 8-18-17.)
| 19 | | (625 ILCS 5/7-317) (from Ch. 95 1/2, par. 7-317)
| 20 | | Sec. 7-317. "Motor vehicle liability policy" defined. | 21 | | (a)
Certification. -A "motor vehicle liability policy", as | 22 | | that term is
used in this Act, means an "owner's policy" or an | 23 | | "operator's policy" of
liability insurance, certified as | 24 | | provided in Section 7-315 or Section
7-316 as proof of | 25 | | financial responsibility for the future, and issued,
except as |
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| 1 | | otherwise provided in Section 7-316, by an insurance carrier
| 2 | | duly authorized to transact business in this State, to or for | 3 | | the
benefit of the person named therein as insured.
| 4 | | (b) Owner's Policy. --Such owner's policy of liability | 5 | | insurance:
| 6 | | 1. Shall designate by explicit description or by | 7 | | appropriate
reference, all motor vehicles with respect to | 8 | | which coverage is thereby
intended to be granted;
| 9 | | 2. Shall insure the person named therein and any other | 10 | | person using
or responsible for the use of such motor | 11 | | vehicle or vehicles with the
express or implied permission | 12 | | of the insured;
| 13 | | 3. Shall insure every named insured and any other | 14 | | person using or
responsible for the use of any motor | 15 | | vehicle owned by the named insured
and used by such other | 16 | | person with the express or implied permission of
the named | 17 | | insured on account of the maintenance, use or operation of | 18 | | any
motor vehicle owned by the named insured, within the | 19 | | continental limits
of the United States or the Dominion of | 20 | | Canada against loss from
liability imposed by law arising | 21 | | from such maintenance, use or
operation, to the extent and | 22 | | aggregate amount, exclusive of interest and
cost, with | 23 | | respect to each motor vehicle, of $50,000 $25,000 for | 24 | | bodily injury
to or death of one person as a result of any | 25 | | one accident and, subject
to such limit as to one person, | 26 | | the amount of $100,000 $50,000 for bodily injury
to or |
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| 1 | | death of all persons as a result of any one accident and | 2 | | the
amount of $40,000 $20,000 for damage to property of | 3 | | others as a result of any
one accident. The changes to this | 4 | | paragraph made by this amendatory Act of the 98th General | 5 | | Assembly apply only to policies issued or renewed on or | 6 | | after January 1, 2015.
| 7 | | (c) Operator's Policy. --When an operator's policy is | 8 | | required, it
shall insure the person named therein as insured | 9 | | against the liability
imposed by law upon the insured for | 10 | | bodily injury to or death of any
person or damage to property | 11 | | to the amounts and limits above set forth
and growing out of | 12 | | the use or operation by the insured within the
continental | 13 | | limits of the United States or the Dominion of Canada of any
| 14 | | motor vehicle not owned by him.
| 15 | | (d) Required Statements in Policies. --Every motor vehicle | 16 | | liability
policy must specify the name and address of the | 17 | | insured, the coverage
afforded by the policy, the premium | 18 | | charged therefor, the policy period,
and the limits of | 19 | | liability, and shall contain an agreement that the
insurance | 20 | | thereunder is provided in accordance with the coverage defined
| 21 | | in this Act, as respects bodily injury and death or property | 22 | | damage or
both, and is subject to all the provisions of this | 23 | | Act.
| 24 | | (e) Policy Need Not Insure Workers' Compensation. --Any | 25 | | liability
policy or policies issued hereunder need not cover | 26 | | any liability of the
insured assumed by or imposed upon the |
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| 1 | | insured under any workers'
compensation law nor any liability | 2 | | for damage to property in charge of
the insured or the | 3 | | insured's employees.
| 4 | | (f) Provisions Incorporated in Policy. --Every motor | 5 | | vehicle
liability policy is subject to the following | 6 | | provisions which need not
be contained therein:
| 7 | | 1. The liability of the insurance carrier under any | 8 | | such policy
shall become absolute whenever loss or damage | 9 | | covered by the policy
occurs and the satisfaction by the | 10 | | insured of a final judgment for such
loss or damage shall | 11 | | not be a condition precedent to the right or
obligation of | 12 | | the carrier to make payment on account of such loss or
| 13 | | damage.
| 14 | | 2. No such policy may be cancelled or annulled as | 15 | | respects any loss
or damage, by any agreement between the | 16 | | carrier and the insured after
the insured has become | 17 | | responsible for such loss or damage, and any such
| 18 | | cancellation or annulment shall be void.
| 19 | | 3. The insurance carrier shall, however, have the | 20 | | right to settle
any claim covered by the policy, and if | 21 | | such settlement is made in good
faith, the amount thereof | 22 | | shall be deductible from the limits of
liability specified | 23 | | in the policy.
| 24 | | 4. The policy, the written application therefor, if | 25 | | any, and any
rider or endorsement which shall not conflict | 26 | | with the provisions of
this Act shall constitute the |
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| 1 | | entire contract between the parties.
| 2 | | (g) Excess or Additional Coverage. --Any motor vehicle | 3 | | liability
policy may, however, grant any lawful coverage in | 4 | | excess of or in
addition to the coverage herein specified or | 5 | | contain any agreements,
provisions, or stipulations not in | 6 | | conflict with the provisions of this
Act and not otherwise | 7 | | contrary to law.
| 8 | | (h) Reimbursement Provision Permitted. --The policy may | 9 | | provide that
the insured, or any other person covered by the | 10 | | policy shall reimburse
the insurance carrier for payment made | 11 | | on account of any loss or damage
claim or suit involving a | 12 | | breach of the terms, provisions or conditions
of the policy; | 13 | | and further, if the policy shall provide for limits in
excess | 14 | | of the limits specified in this Act, the insurance carrier may
| 15 | | plead against any plaintiff, with respect to the amount of | 16 | | such excess
limits of liability, any defense which it may be | 17 | | entitled to plead
against the insured.
| 18 | | (i) Proration of Insurance Permitted. --The policy may | 19 | | provide for
the pro-rating of the insurance thereunder with | 20 | | other applicable valid
and collectible insurance.
| 21 | | (j) Binders. --Any binder pending the issuance of any | 22 | | policy, which
binder contains or by reference includes the | 23 | | provisions hereunder shall
be sufficient proof of ability to | 24 | | respond in damages.
| 25 | | (k) Copy of Policy to Be Filed with Department of
| 26 | | Insurance--Approval. --A copy of the form of every motor |
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| 1 | | vehicle
liability policy which is to be used to meet the | 2 | | requirements of this
Act must be filed, by the company | 3 | | offering such policy, with the
Department of Insurance, which | 4 | | shall approve or disapprove the policy
within 30 days of its | 5 | | filing. If the Department approves the policy in
writing | 6 | | within such 30 day period or fails to take action for 30 days,
| 7 | | the form of policy shall be deemed approved as filed. If within | 8 | | the 30
days the Department disapproves the form of policy | 9 | | filed upon the ground
that it does not comply with the | 10 | | requirements of this Act, the
Department shall give written | 11 | | notice of its decision and its reasons
therefor to the carrier | 12 | | and the policy shall not be accepted as proof of
financial | 13 | | responsibility under this Act.
| 14 | | (l) Insurance Carrier Required to File Certificate. --An | 15 | | insurance
carrier who has issued a motor vehicle liability | 16 | | policy or policies or
an operator's policy meeting the | 17 | | requirements of this Act shall, upon
the request of the | 18 | | insured therein, deliver to the insured for filing,
or at the | 19 | | request of the insured, shall file direct, with the Secretary
| 20 | | of State a certificate, as required by this Act, which shows | 21 | | that such
policy or policies have been issued. No insurance | 22 | | carrier may require
the payment of any extra fee or surcharge, | 23 | | in addition to the insurance
premium, for the execution, | 24 | | delivery or filing of such certificate.
| 25 | | (m) Proof When Made By Endorsement. --Any motor vehicle | 26 | | liability
policy which by endorsement contains the provisions |
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| 1 | | required hereunder
shall be sufficient proof of ability to | 2 | | respond in damages.
| 3 | | (Source: P.A. 98-519, eff. 1-1-15 .)
| 4 | | (625 ILCS 5/12-606) (from Ch. 95 1/2, par. 12-606)
| 5 | | Sec. 12-606. Tow trucks; identification; equipment; | 6 | | insurance.
| 7 | | (a) Every tow truck, except those owned by governmental | 8 | | agencies, shall
have displayed on each side thereof, a sign | 9 | | with letters not less than 2
inches in height, contrasting in | 10 | | color to that of the background, stating
the full legal name, | 11 | | complete address (including street address and
city), and | 12 | | telephone number of the owner or operator thereof.
This | 13 | | information shall be permanently affixed to the sides of the | 14 | | tow
truck.
| 15 | | (b) Every tow truck shall be equipped with:
| 16 | | (1) One or more brooms and shovels;
| 17 | | (2) One or more trash cans of at least 5 gallon | 18 | | capacity; and
| 19 | | (3) One fire extinguisher. This extinguisher shall be | 20 | | either:
| 21 | | (i) of the dry chemical or carbon dioxide type | 22 | | with an aggregate
rating of at least 4-B, C units, and | 23 | | bearing the approval of a laboratory
qualified by the | 24 | | Division of Fire Prevention for this purpose; or
| 25 | | (ii) One that meets the requirements of the |
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| 1 | | Federal Motor Carrier
Safety Regulations of the United | 2 | | States Department of Transportation for
fire | 3 | | extinguishers on commercial motor vehicles.
| 4 | | (c) Every owner or operator and driver of a tow truck shall | 5 | | comply with
Section 11-1413 of this Code and shall remove or | 6 | | cause to be removed all
glass and debris, except any (i) | 7 | | hazardous substance as defined in Section
3.215 of the | 8 | | Environmental Protection Act, (ii) hazardous waste as
defined | 9 | | in Section 3.220 of the Environmental Protection Act, and
| 10 | | (iii) medical samples or waste, including but not limited to | 11 | | any blood samples,
used syringes, other used medical supplies, | 12 | | or any other potentially infectious
medical waste as defined | 13 | | in Section 3.360 of the Environmental
Protection Act, | 14 | | deposited upon any street or highway by the disabled vehicle
| 15 | | being serviced, and shall in addition, spread dirt or sand or | 16 | | oil absorbent
upon that portion of any street or highway where | 17 | | oil or grease has been
deposited by the disabled vehicle being | 18 | | serviced.
| 19 | | (d) Every tow truck operator shall in addition file an | 20 | | indemnity bond,
insurance policy, or other proof of insurance | 21 | | in a form to be prescribed
by the Secretary for: garagekeepers | 22 | | liability insurance, in an amount
no less than a combined | 23 | | single limit of $500,000, and truck (auto)
liability insurance | 24 | | in an amount no less than a combined single limit of
$500,000, | 25 | | on hook coverage or garagekeepers coverage in an amount of no | 26 | | less
than $25,000 which shall indemnify or
insure the tow |
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| 1 | | truck operator for the following:
| 2 | | (1) Bodily injury or damage to the property of others.
| 3 | | (2) Damage to any vehicle towed by the tower.
| 4 | | (3) In case of theft, loss of, or damage to any vehicle | 5 | | stored,
garagekeepers legal liability coverage in an | 6 | | amount of no less than $50,000 $25,000 .
| 7 | | (4) In case of injury to or occupational illness of | 8 | | the tow truck driver
or helper, workers compensation | 9 | | insurance meeting the minimum requirements of
the Workers' | 10 | | Compensation Act.
| 11 | | Any such bond or policy shall be issued only
by a bonding | 12 | | or insuring firm authorized to do business as such in
the State | 13 | | of Illinois, and a certificate of such bond or policy shall be
| 14 | | carried in the cab of each tow truck.
| 15 | | (e) The bond or policy required in subsection (d) shall | 16 | | provide that
the insurance carrier may cancel it
by serving | 17 | | previous notice, as required by Sections 143.14 and 143.16 of
| 18 | | the Illinois Insurance Code, in writing, either personally or | 19 | | by
registered mail, upon the owner or operator of the motor | 20 | | vehicle and upon
the Secretary of State. Whenever any such | 21 | | bond or policy shall be so
cancelled, the Secretary of State | 22 | | shall mark the policy "Cancelled" and shall
require such owner | 23 | | or operator either to furnish a new bond or policy, in
| 24 | | accordance with this Act.
| 25 | | (Source: P.A. 100-863, eff. 8-14-18.)
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| 1 | | (625 ILCS 5/12-707.01) (from Ch. 95 1/2, par. 12-707.01)
| 2 | | Sec. 12-707.01. Liability insurance. | 3 | | (a) No school bus, first division vehicle including a taxi | 4 | | which is used for a purpose that requires a school bus driver | 5 | | permit, commuter van or
motor vehicle owned by or used for hire | 6 | | by and in connection with the
operation of private or public | 7 | | schools, day camps, summer camps or
nursery schools, and no | 8 | | commuter van or passenger car used for a for-profit
| 9 | | ridesharing arrangement, shall be operated for such purposes | 10 | | unless the owner
thereof shall carry a minimum of personal | 11 | | injury liability insurance in
the amount of $50,000 $25,000 | 12 | | for any one person in any one accident, and
subject to the | 13 | | limit for one person, $100,000 for two or more persons
injured | 14 | | by reason of the operation of the vehicle in any one accident. | 15 | | This subsection (a) applies only to personal injury liability | 16 | | policies issued or renewed before January 1, 2013.
| 17 | | (b) Liability insurance policies issued or renewed on and | 18 | | after January 1, 2013 shall comply with the following: | 19 | | (1) except as provided in subparagraph (2) of this | 20 | | subsection (b), any vehicle that is used for a purpose | 21 | | that requires a school bus driver permit under Section | 22 | | 6-104 of this Code shall carry a minimum of liability | 23 | | insurance in
the amount of $2,000,000. This minimum | 24 | | insurance requirement may be satisfied by either (i) a | 25 | | $2,000,000 combined single limit primary commercial | 26 | | automobile policy; or (ii) a $1 million primary commercial |
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| 1 | | automobile policy and a minimum $5,000,000 excess or | 2 | | umbrella liability policy; | 3 | | (2) any vehicle that is used for a purpose that | 4 | | requires a school bus driver permit under Section 6-104 of | 5 | | this Code and is used in connection with the operation of | 6 | | private day care facilities, day camps, summer camps, or | 7 | | nursery schools shall carry a minimum of liability | 8 | | insurance in
the amount of $1,000,000 combined single | 9 | | limit per accident; | 10 | | (3) any commuter van or passenger car used for a | 11 | | for-profit
ridesharing arrangement shall carry a minimum | 12 | | of liability insurance in
the amount of $500,000 combined | 13 | | single limit per accident. | 14 | | (c) Primary insurance coverage under the provisions of | 15 | | this Section must be provided by a licensed and admitted | 16 | | insurance carrier or an intergovernmental cooperative formed | 17 | | under Section 10 of Article VII of the Illinois Constitution, | 18 | | or Section 6 or 9 of the Intergovernmental Cooperation Act, or | 19 | | provided by a certified self-insurer under Section 7-502 of | 20 | | this Code. The excess or umbrella liability coverage | 21 | | requirement may be met by securing surplus line insurance as | 22 | | defined under Section 445 of the Illinois Insurance Code. If | 23 | | the excess or umbrella liability coverage requirement is met | 24 | | by securing surplus line insurance, that coverage must be | 25 | | effected through a licensed surplus line producer acting under | 26 | | the surplus line insurance laws and regulations of this State. |
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| 1 | | Nothing in this subsection (c) shall be construed as | 2 | | prohibiting a licensed and admitted insurance carrier or an | 3 | | intergovernmental cooperative formed under Section 10 of | 4 | | Article VII of the Illinois Constitution, or Section 6 or 9 of | 5 | | the Intergovernmental Cooperation Act, or a certified | 6 | | self-insurer under Section 7-502 of this Code, from retaining | 7 | | the risk required under paragraphs (1) and (2) of subsection | 8 | | (b) of this Section or issuing a single primary policy meeting | 9 | | the requirements of paragraphs (1) and (2) of subsection (b). | 10 | | (d) Each owner of a vehicle required to obtain the minimum | 11 | | liability requirements under subsection (b) of this Section | 12 | | shall attest that the vehicle meets the minimum insurance | 13 | | requirements under this Section. The Secretary of State shall | 14 | | create a form for each owner of a vehicle to attest that the | 15 | | owner meets the minimum insurance requirements and the owner | 16 | | of the vehicle shall submit the form with each registration | 17 | | application. The form shall be valid for the full registration | 18 | | period; however, if at any time the Secretary has reason to | 19 | | believe that the owner does not have the minimum required | 20 | | amount of insurance for a vehicle, then the Secretary may | 21 | | require a certificate of insurance, or its equivalent, to | 22 | | ensure the vehicle is insured. If the owner fails to produce a | 23 | | certificate of insurance, or its equivalent, within 2 calendar | 24 | | days after the request was made, then the Secretary may revoke | 25 | | the vehicle owner's registration until the Secretary is | 26 | | assured the vehicle meets the minimum insurance requirements. |
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| 1 | | If the owner of a vehicle participates in an intergovernmental | 2 | | cooperative or is self-insured, then the owner shall attest | 3 | | that the insurance required under this Section is equivalent | 4 | | to or greater than the insurance required under paragraph (1) | 5 | | of subsection (b) of this Section. The Secretary may adopt any | 6 | | rules necessary to enforce the provisions of this subsection | 7 | | (d). | 8 | | (Source: P.A. 99-595, eff. 1-1-17 .)
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