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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Insurance Code is amended by adding | ||||||
5 | Section 143.33 as follows: | ||||||
6 | (215 ILCS 5/143.33 new) | ||||||
7 | Sec. 143.33. Electronic posting of policies. | ||||||
8 | (a) Policies and endorsements used by a company for | ||||||
9 | transacting insurance as classified in Class 2 and Class 3 of | ||||||
10 | Section 4 of this Code that do not contain personally | ||||||
11 | identifiable information may be mailed, issued, delivered, or | ||||||
12 | posted on the insurer's Internet website. If the insurer elects | ||||||
13 | to post the insurance policies and endorsements on its Internet | ||||||
14 | website in lieu of mailing, issuing, or delivering them to the | ||||||
15 | insured, then the insurer must comply with all of the following | ||||||
16 | conditions: | ||||||
17 | (1) The policy and endorsements must be easily | ||||||
18 | accessible to the insured and the producer of record and | ||||||
19 | remain that way for as long as the policy is in force; | ||||||
20 | (2) After the expiration of the policy, the insurer | ||||||
21 | must archive its expired policies and endorsements for the | ||||||
22 | longer of 5 years or other period required by law, and make | ||||||
23 | them available upon request; |
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1 | (3) The policies and endorsements must be posted in a | ||||||
2 | manner that enables the insured and the producer of record | ||||||
3 | to print and save the policy and endorsements using | ||||||
4 | programs or applications that are widely available on the | ||||||
5 | Internet and free to use; | ||||||
6 | (4) At the time of issuance of the original policy and | ||||||
7 | any renewals of that policy, the insurer provides to the | ||||||
8 | insured in the manner it customarily provides declarations | ||||||
9 | pages to the insured, and to the producer of record, the | ||||||
10 | following information clearly displayed in or | ||||||
11 | simultaneously with a declarations page: | ||||||
12 | (A) a description of the exact policy and | ||||||
13 | endorsement forms purchased by the insured; | ||||||
14 | (B) a method by which the insured may obtain from | ||||||
15 | the insurer, upon request and without charge, a paper | ||||||
16 | copy of their policy and endorsements; and | ||||||
17 | (C) the Internet address where their policy and | ||||||
18 | endorsements are posted. | ||||||
19 | (5) The insurer provides to the insured in the manner | ||||||
20 | it customarily provides declarations pages to the insured, | ||||||
21 | and to the producer of record, notice of any changes to the | ||||||
22 | forms or endorsements; the insured's right to obtain from | ||||||
23 | the insurer, upon request and without charge, a paper copy | ||||||
24 | of these forms or endorsements; and the Internet address | ||||||
25 | where these forms or endorsements are posted. | ||||||
26 | (b) Nothing in this Section shall prevent an insurer that |
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1 | posts its policies and endorsements electronically in | ||||||
2 | accordance with this Section from offering a discount to an | ||||||
3 | insured who elects to receive notices and documents | ||||||
4 | electronically in accordance with the provisions of the federal | ||||||
5 | Electronic Signatures in Global and National Commerce Act. | ||||||
6 | (c) Nothing in this Section affects the timing or content | ||||||
7 | of any disclosure or other document required to be provided or | ||||||
8 | made available to any insured under any statute, rule, | ||||||
9 | regulation, or rule of law. | ||||||
10 | Section 10. The Illinois Vehicle Code is amended by | ||||||
11 | changing Section 7-602 as follows:
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12 | (625 ILCS 5/7-602) (from Ch. 95 1/2, par. 7-602)
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13 | Sec. 7-602. Insurance card. Every operator of a motor | ||||||
14 | vehicle subject
to Section 7-601 of this Code shall carry | ||||||
15 | within the vehicle evidence of
insurance. The evidence shall be | ||||||
16 | legible and sufficient to demonstrate
that the motor vehicle | ||||||
17 | currently is covered by a liability insurance policy
as | ||||||
18 | required under Section 7-601 of this Code and may include, but | ||||||
19 | is not
limited to, the following:
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20 | (a) an insurance card provided by the insurer under | ||||||
21 | this Section;
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22 | (b) the combination of proof of purchase of the motor | ||||||
23 | vehicle within
the previous 60 days and a current insurance | ||||||
24 | card issued for the motor
vehicle replaced by such |
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1 | purchase;
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2 | (c) the current declarations page of a liability
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3 | insurance policy;
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4 | (d) a liability insurance binder, certificate
of | ||||||
5 | liability insurance or receipt for payment to an insurer or | ||||||
6 | its
authorized representative for a liability insurance | ||||||
7 | premium, provided such
document contains all information | ||||||
8 | the Secretary of State by rule and
regulation may require;
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9 | (e) a current rental agreement;
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10 | (f) registration plates, registration sticker or other | ||||||
11 | evidence of
registration issued by the Secretary only upon | ||||||
12 | submission of proof of
liability insurance pursuant to this | ||||||
13 | Code;
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14 | (g) a certificate, decal, or other document or device | ||||||
15 | issued by a
governmental agency for a motor vehicle | ||||||
16 | indicating the vehicle is insured
for liability pursuant to | ||||||
17 | law ; .
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18 | (h) the display of electronic images on a cellular | ||||||
19 | phone or other type of portable electronic device. The use | ||||||
20 | of a cellular phone or other type of portable electronic | ||||||
21 | device to display proof of insurance does not constitute | ||||||
22 | consent for a law enforcement officer, court, or other | ||||||
23 | officer of the court to access other contents of the | ||||||
24 | electronic device. Any law enforcement officer, court, or | ||||||
25 | officer of the court presented with the device shall be | ||||||
26 | immune from any liability resulting from damage to the |
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1 | cellular phone or other type of portable electronic device. | ||||||
2 | An insurance card shall be provided for each motor
vehicle | ||||||
3 | insured by the insurer issuing the liability insurance policy | ||||||
4 | and may be issued in either paper or electronic format. | ||||||
5 | Acceptable electronic formats shall permit display on a | ||||||
6 | cellular phone or other portable electronic device .
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7 | The form, contents and manner of issuance of the insurance | ||||||
8 | card shall be
prescribed by rules and regulations of the | ||||||
9 | Secretary of State. The Secretary shall adopt rules requiring | ||||||
10 | that reasonable measures be taken to prevent the fraudulent | ||||||
11 | production of insurance cards. The
insurance card shall display | ||||||
12 | an effective date and an expiration date
covering a period of | ||||||
13 | time not to exceed 12 months. The insurance card
shall contain | ||||||
14 | the following disclaimer: "Examine policy exclusions
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15 | carefully. This form does not constitute any part of your | ||||||
16 | insurance policy."
If the insurance policy represented by the | ||||||
17 | insurance card does
not cover any driver operating the motor | ||||||
18 | vehicle with the owner's
permission, or the owner when | ||||||
19 | operating a motor vehicle other than the
vehicle for which the | ||||||
20 | policy is issued, the insurance card shall
contain a warning of | ||||||
21 | such limitations in the coverage provided by the
policy.
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22 | No insurer shall issue a card, similar in appearance, form | ||||||
23 | and content
to the insurance card required under this Section, | ||||||
24 | in connection with an
insurance policy that does not provide | ||||||
25 | the liability insurance coverage
required under Section 7-601 | ||||||
26 | of this Code.
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1 | The evidence of insurance shall be displayed upon request | ||||||
2 | made by any law
enforcement officer wearing a uniform or | ||||||
3 | displaying a badge or other sign
of authority. Any person who | ||||||
4 | fails or refuses to comply with such request
is in violation of | ||||||
5 | Section 3-707 of this Code. Any person who displays
evidence of | ||||||
6 | insurance, knowing there is no valid liability insurance in
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7 | effect on the motor vehicle as required under Section 7-601 of | ||||||
8 | this Code or
knowing the evidence of insurance is illegally | ||||||
9 | altered, counterfeit or
otherwise invalid, is in violation of | ||||||
10 | Section 3-710 of this Code.
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11 | "Display" means the manual surrender of the evidence of | ||||||
12 | insurance into
the hands of the law enforcement officer, court, | ||||||
13 | or officer of the court
making the request for the
officer's, | ||||||
14 | court's, or officer of the court's inspection thereof.
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15 | (Source: P.A. 93-719, eff. 1-1-05.)
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16 | Section 99. Effective date. This Act takes effect upon | ||||||
17 | becoming law. |