Rep. Fred Crespo
Filed: 5/2/2008
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1 | AMENDMENT TO HOUSE BILL 5731
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2 | AMENDMENT NO. ______. Amend House Bill 5731 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Insurance Code is amended by | ||||||
5 | changing Section 143.29 as follows:
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6 | (215 ILCS 5/143.29) (from Ch. 73, par. 755.29)
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7 | Sec. 143.29. (a) The rates and premium charges for every | ||||||
8 | policy of automobile
liability insurance shall include | ||||||
9 | appropriate reductions as determined
by the insurer for any | ||||||
10 | insured
over age 55 upon successful completion of the National | ||||||
11 | Safety Council's
Defensive Driving Course or a motor vehicle | ||||||
12 | accident prevention course , including an online driver safety | ||||||
13 | course, which
is found by the Secretary of State to meet or | ||||||
14 | exceed the standards of the
National Safety Council's Defensive | ||||||
15 | Driving Course's 8 hour classroom safety
instruction program.
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16 | (b) The premium reduction shall remain in effect for the |
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1 | qualifying insured
for a period of 3 years from the date of | ||||||
2 | successful completion of the accident
prevention course, | ||||||
3 | except that the insurer may elect to apply the premium
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4 | reduction beginning either with the last effective date of the | ||||||
5 | policy or
the next renewal date of the policy if the reduction | ||||||
6 | will result in a savings
as though applied over a full 3 year | ||||||
7 | period. An insured who has completed
the course of instruction | ||||||
8 | prior to July 1, 1982 shall receive the insurance
premium | ||||||
9 | reduction
for only the period remaining within the 3 years from | ||||||
10 | course completion.
The period of premium reduction for an | ||||||
11 | insured who has repeated the accident
prevention course shall | ||||||
12 | be based upon the last such course the insured has
successfully | ||||||
13 | completed.
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14 | (c) Any accident prevention course approved by the | ||||||
15 | Secretary of State
under this Section shall be taught by an | ||||||
16 | instructor approved by the Secretary
of State, shall consist of | ||||||
17 | at least 8 hours of classroom or 6 hours of online instruction | ||||||
18 | or 4 hours for insured persons who have previously completed | ||||||
19 | the 8-hour classroom course successfully, and
shall provide for | ||||||
20 | a certificate of completion. Records of certification
of course | ||||||
21 | completion shall be maintained in a manner acceptable to the | ||||||
22 | Secretary
of State.
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23 | (d) Any person claiming eligibility for a rate or premium | ||||||
24 | reduction shall
be responsible for providing to his insurance | ||||||
25 | company the information necessary
to determine eligibility.
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26 | (e) This Section shall not apply to:
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1 | (1) any motor vehicle which is a part of a fleet or is used | ||||||
2 | for commercial
purposes unless there is a regularly assigned | ||||||
3 | principal operator.
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4 | (2) any motor vehicle subject to a higher premium rate | ||||||
5 | because of the
insured's previous motor vehicle claim | ||||||
6 | experience or to any motor vehicle
whose principal operator has | ||||||
7 | been convicted of violating any of the
motor vehicle laws of | ||||||
8 | this State, until that operator
shall have maintained a driving | ||||||
9 | record free of
accidents and moving violations for
a continuous | ||||||
10 | one year period,
in which case such driver shall be eligible | ||||||
11 | for a reduction the remaining
2 years of the 3 year period.
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12 | (3) any motor vehicle whose principal operator has had his | ||||||
13 | drivers license
revoked or suspended for any reason by the | ||||||
14 | Secretary of State within the
previous 36 months.
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15 | (4) any policy of group automobile insurance under which | ||||||
16 | premiums are
broadly averaged for the group rather than | ||||||
17 | determined individually.
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18 | (f) Notwithstanding any other rulemaking authority that | ||||||
19 | may exist, neither the Governor nor any agency or agency head | ||||||
20 | under the jurisdiction of the Governor has any authority to | ||||||
21 | make or promulgate rules to implement or enforce the provisions | ||||||
22 | of this amendatory Act of the 95th General Assembly. If, | ||||||
23 | however, the Governor believes that rules are necessary to | ||||||
24 | implement or enforce the provisions of this amendatory Act of | ||||||
25 | the 95th General Assembly, the Governor may suggest rules to | ||||||
26 | the General Assembly by filing them with the Clerk of the House |
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1 | and the Secretary of the Senate and by requesting that the | ||||||
2 | General Assembly authorize such rulemaking by law, enact those | ||||||
3 | suggested rules into law, or take any other appropriate action | ||||||
4 | in the General Assembly's discretion. Nothing contained in this | ||||||
5 | amendatory Act of the 95th General Assembly shall be | ||||||
6 | interpreted to grant rulemaking authority under any other | ||||||
7 | Illinois statute where such authority is not otherwise | ||||||
8 | explicitly given. For the purposes of this amendatory Act of | ||||||
9 | the 95th General Assembly, "rules" is given the meaning | ||||||
10 | contained in Section 1-70 of the Illinois Administrative | ||||||
11 | Procedure Act, and "agency" and "agency head" are given the | ||||||
12 | meanings contained in Sections 1-20 and 1-25 of the Illinois | ||||||
13 | Administrative Procedure Act to the extent that such | ||||||
14 | definitions apply to agencies or agency heads under the | ||||||
15 | jurisdiction of the Governor. | ||||||
16 | (Source: P.A. 82-920.)
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17 | Section 99. Effective date. This Act takes effect upon | ||||||
18 | becoming law.".
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