Rep. Chapin Rose

Filed: 3/20/2008

 

 


 

 


 
09500HB5907ham002 LRB095 14797 WGH 48362 a

1
AMENDMENT TO HOUSE BILL 5907

2     AMENDMENT NO. ______. Amend House Bill 5907, AS AMENDED, by
3 replacing everything after the enacting clause with the
4 following:
 
5     "Section 5. The Illinois Vehicle Code is amended by
6 changing Sections 7-201, 7-204, 7-212, and 11-406 and adding
7 Section 11-406.1 as follows:
 
8     (625 ILCS 5/7-201)  (from Ch. 95 1/2, par. 7-201)
9     Sec. 7-201. Application of Article II. The Administrator as
10 soon as practicable after the receipt of the report, required
11 to be filed under Sections 11-406 and 11-410, of a motor
12 vehicle accident occurring within this State and that has
13 resulted in bodily injury or death of any person or that damage
14 to the property of any one person in excess of $1,500 (or $500
15 if any of the vehicles involved in the accident is subject to
16 Section 7-601 but is not covered by a liability insurance

 

 

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1 policy in accordance with Section 7-601) $500 was sustained,
2 shall determine:
3         1. Whether Section 7-202 of this Code requires the
4     deposit of security by or on behalf of any person who was
5     the operator or owner of any motor vehicle in any manner
6     involved in the accident and;
7         2. What amount of security shall be sufficient to
8     satisfy any potential judgment or judgments for money
9     damages resulting from the accident as may be recovered
10     against the operator or owner, which amount shall in no
11     event be less than $1,500 (or $500 if any of the vehicles
12     involved in the accident is subject to Section 7-601 but is
13     not covered by a liability insurance policy in accordance
14     with Section 7-601) $500.
15 (Source: P.A. 87-829.)
 
16     (625 ILCS 5/7-204)  (from Ch. 95 1/2, par. 7-204)
17     Sec. 7-204. Form and amount of security - Definition.
18     (A) Any security required to be deposited under this Act
19 shall be in the form as the Secretary of State may require by
20 administrative rule, and in the amounts as the Administrator
21 may determine to be sufficient to satisfy any judgment or
22 judgments for damages against an operator or owner but in no
23 case in excess of the limits specified in Section 7-203 of this
24 Act in reference to the acceptable limits of a policy or bond
25 nor for an amount less than $1,500 (or $500 if any of the

 

 

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1 vehicles involved in the accident is subject to Section 7-601
2 but is not covered by a liability insurance policy in
3 accordance with Section 7-601) $500.
4     (B) The person depositing security shall specify in writing
5 the person or persons on whose behalf the deposit is made and,
6 while at any time the deposit is in the custody of the
7 Secretary of State or State Treasurer, the person depositing it
8 may, in writing, amend the specification of the person or
9 persons on whose behalf the deposit is made to include an
10 additional person or persons; provided, however, that a single
11 deposit of security shall be applicable only on behalf of
12 persons, required to furnish security because of the same
13 accident.
14     (C) Within 10 days after any security required under the
15 provisions of this Article is deposited with the Secretary of
16 State, the Secretary shall send notice of the security deposit
17 to the following, if known:
18         1. To each owner and operator of any vehicle involved
19     in the accident that sustained damage in excess of $1,500
20     (or $500 if any of the vehicles involved in the accident is
21     subject to Section 7-601 but is not covered by a liability
22     insurance policy in accordance with Section 7-601) $500;
23         2. To any person who sustained damage to personal or
24     real property in excess of $1,500 (or $500 if any of the
25     vehicles involved in the accident is subject to Section
26     7-601 but is not covered by a liability insurance policy in

 

 

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1     accordance with Section 7-601) $500;
2         3. To any person who was injured as a result of the
3     accident; and
4         4. To the estate of any person killed as a result of
5     the accident.
6 (Source: P.A. 87-829.)
 
7     (625 ILCS 5/7-212)  (from Ch. 95 1/2, par. 7-212)
8     Sec. 7-212. Authority of Administrator and Secretary of
9 State to decrease amount of security. The Administrator may
10 reduce the amount of security ordered in any case within one
11 year after the date of the accident, but in no event for an
12 amount less than $1,500 (or $500 if any of the vehicles
13 involved in the accident is subject to Section 7-601 but is not
14 covered by a liability insurance policy in accordance with
15 Section 7-601) $500, if, in the judgment of the Administrator
16 the amount ordered is excessive, or may revoke or rescind its
17 order requiring the deposit of security in any case within one
18 year after the date of the accident if, in the judgment of the
19 Administrator, the provisions of Sections 7-202 and 7-203
20 excuse or exempt the operator or owner from the requirement of
21 the deposit. In case the security originally ordered has been
22 deposited the excess of the reduced amount ordered shall be
23 returned to the depositor or his personal representative
24 forthwith, notwithstanding the provisions of Section 7-214.
25 The Secretary of State likewise shall have authority granted to

 

 

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1 the Administrator to reduce the amount of security ordered by
2 the Administrator.
3 (Source: P.A. 87-829.)
 
4     (625 ILCS 5/11-406)  (from Ch. 95 1/2, par. 11-406)
5     Sec. 11-406. Duty to report accident.
6     (a) The driver of a vehicle that is in any manner involved
7 in an accident within this State, resulting in injury to or
8 death of any person, or in which damage to the property of any
9 one person, including himself, in excess of $1,500 (or $500 if
10 any of the vehicles involved in the accident is subject to
11 Section 7-601 but is not covered by a liability insurance
12 policy in accordance with Section 7-601) $500 is sustained,
13 shall, as soon as possible but not later than 10 days after the
14 accident, forward a written report of the accident to the
15 Administrator.
16     (b) Whenever a school bus is involved in an accident in
17 this State, caused by a collision, a sudden stop or otherwise,
18 resulting in any property damage, personal injury or death and
19 whenever an accident occurs within 50 feet of a school bus in
20 this State resulting in personal injury to or the death of any
21 person while awaiting or preparing to board the bus or
22 immediately after exiting the bus, the driver shall as soon as
23 possible but not later than 10 days after the accident, forward
24 a written report to the Department of Transportation. If a
25 report is also required under Subsection (a) of this Section,

 

 

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1 that report and the report required by this Subsection shall be
2 submitted on a single form.
3     (c) The Administrator may require any driver, occupant or
4 owner of a vehicle involved in an accident of which report must
5 be made as provided in this Section or Section 11-410 of this
6 Chapter to file supplemental reports whenever the original
7 report is insufficient in the opinion of the Secretary of State
8 or the Administrator, and may require witnesses of the accident
9 to submit written reports to the Administrator. The report may
10 include photographs, charts, sketches, and graphs.
11     (d) Should the Administrator learn through other reports of
12 accidents required by law of the occurrence of an accident
13 reportable under this Article and the driver, owner, or witness
14 has not reported as required under Subsections (a), (b) or (c)
15 of this Section or Section 11-410, within the time specified,
16 the person is not relieved of the responsibility and the
17 Administrator shall notify the person by first class mail
18 directed to his last known address of his legal obligation.
19 However, the notification is not a condition precedent to
20 impose the penalty for failure to report as provided in
21 Subsection (e).
22     (e) The Secretary of State shall suspend the driver's
23 license or any non-resident's driving privilege of any person
24 who fails or neglects to make report of a traffic accident as
25 required or as required by any other law of this State.
26 (Source: P.A. 87-829.)".