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| Public Act 099-0595 | ||||
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by changing | ||||
Section 12-707.01 as follows:
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(625 ILCS 5/12-707.01) (from Ch. 95 1/2, par. 12-707.01)
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Sec. 12-707.01. Liability insurance. | ||||
(a) No school bus, first division vehicle including a taxi | ||||
which is used for a purpose that requires a school bus driver | ||||
permit, commuter van or
motor vehicle owned by or used for hire | ||||
by and in connection with the
operation of private or public | ||||
schools, day camps, summer camps or
nursery schools, and no | ||||
commuter van or passenger car used for a for-profit
ridesharing | ||||
arrangement, shall be operated for such purposes unless the | ||||
owner
thereof shall carry a minimum of personal injury | ||||
liability insurance in
the amount of $25,000 for any one person | ||||
in any one accident, and
subject to the limit for one person, | ||||
$100,000 for two or more persons
injured by reason of the | ||||
operation of the vehicle in any one accident. This subsection | ||||
(a) applies only to personal injury liability policies issued | ||||
or renewed before January 1, 2013.
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(b) Liability insurance policies issued or renewed on and | ||||
after January 1, 2013 shall comply with the following: | ||||
(1) except as provided in subparagraph (2) of this | ||
subsection (b), any vehicle that is used for a purpose that | ||
requires a school bus driver permit under Section 6-104 of | ||
this Code shall carry a minimum of liability insurance in
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the amount of $2,000,000. This minimum insurance | ||
requirement may be satisfied by either (i) a $2,000,000 | ||
combined single limit primary commercial automobile | ||
policy; or (ii) a $1 million primary commercial automobile | ||
policy and a minimum $5,000,000 excess or umbrella | ||
liability policy combined single limit per accident; | ||
(2) any vehicle that is used for a purpose that | ||
requires a school bus driver permit under Section 6-104 of | ||
this Code and is used in connection with the operation of | ||
private day care facilities, day camps, summer camps, or | ||
nursery schools shall carry a minimum of liability | ||
insurance in
the amount of $1,000,000 combined single limit | ||
per accident; | ||
(3) any commuter van or passenger car used for a | ||
for-profit
ridesharing arrangement shall carry a minimum | ||
of liability insurance in
the amount of $500,000 combined | ||
single limit per accident. | ||
(c) Primary insurance coverage under the provisions of this | ||
Section must be provided by a licensed and admitted insurance | ||
carrier or an intergovernmental cooperative formed under | ||
Section 10 of Article VII of the Illinois Constitution, or | ||
Section 6 or 9 of the Intergovernmental Cooperation Act, or | ||
provided by a certified self-insurer under Section 7-502 of | ||
this Code. The excess or umbrella liability coverage | ||
requirement may be met by securing surplus line insurance as | ||
defined under Section 445 of the Illinois Insurance Code. If | ||
the excess or umbrella liability coverage requirement is met by | ||
securing surplus line insurance, that coverage must be effected | ||
through a licensed surplus line producer acting under the | ||
surplus line insurance laws and regulations of this State. | ||
Nothing in this subsection (c) shall be construed as | ||
prohibiting a licensed and admitted insurance carrier or an | ||
intergovernmental cooperative formed under Section 10 of | ||
Article VII of the Illinois Constitution, or Section 6 or 9 of | ||
the Intergovernmental Cooperation Act, or a certified | ||
self-insurer under Section 7-502 of this Code, from retaining | ||
the risk required under paragraphs (1) and (2) of subsection | ||
(b) of this Section or issuing a single primary policy meeting | ||
the requirements of paragraphs (1) and (2) of subsection (b). | ||
(d) Each owner of a vehicle required to obtain the minimum | ||
liability requirements under subsection (b) of this Section | ||
shall attest that the vehicle meets the minimum insurance | ||
requirements under this Section. The Secretary of State shall | ||
create a form for each owner of a vehicle to attest that the | ||
owner meets the minimum insurance requirements and the owner of | ||
the vehicle shall submit the form with each registration | ||
application. The form shall be valid for the full registration | ||
period; however, if at any time the Secretary has reason to | ||
believe that the owner does not have the minimum required | ||
amount of insurance for a vehicle, then the Secretary may | ||
require a certificate of insurance, or its equivalent, to | ||
ensure the vehicle is insured. If the owner fails to produce a | ||
certificate of insurance, or its equivalent, within 2 calendar | ||
days after the request was made, then the Secretary may revoke | ||
the vehicle owner's registration until the Secretary is assured | ||
the vehicle meets the minimum insurance requirements. If the | ||
owner of a vehicle participates in an intergovernmental | ||
cooperative or is self-insured, then the owner shall attest | ||
that the insurance required under this Section is equivalent to | ||
or greater than the insurance required under paragraph (1) of | ||
subsection (b) of this Section. The Secretary may adopt any | ||
rules necessary to enforce the provisions of this subsection | ||
(d). | ||
(Source: P.A. 97-224, eff. 7-28-11; 97-1078, eff. 8-24-12.)
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