Full Text of HB5008 93rd General Assembly
HB5008 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB5008
Introduced 02/05/04, by Raymond Poe SYNOPSIS AS INTRODUCED: |
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625 ILCS 5/7-317 |
from Ch. 95 1/2, par. 7-317 |
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Amends the Illinois Vehicle Code. Provides that a motor vehicle owner must carry at least $5,000 of liability coverage for environmental restoration.
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A BILL FOR
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HB5008 |
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LRB093 16627 DRH 42277 b |
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| AN ACT concerning vehicles.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Vehicle Code is amended by changing | 5 |
| Section 7-317 as follows:
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| (625 ILCS 5/7-317) (from Ch. 95 1/2, par. 7-317)
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| Sec. 7-317. "Motor vehicle liability policy" defined.
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| (a)
Certification. -A "motor vehicle liability policy", as | 9 |
| that term is
used in this Act, means an "owner's policy" or an | 10 |
| "operator's policy" of
liability insurance, certified as | 11 |
| provided in Section 7-315 or Section
7-316 as proof of | 12 |
| financial responsibility for the future, and issued,
except as | 13 |
| otherwise provided in Section 7-316, by an insurance carrier
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| duly authorized to transact business in this State, to or for | 15 |
| the
benefit of the person named therein as insured.
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| (a-1) Environmental restoration. As used in this Section, | 17 |
| "environmental restoration" means restitution for the loss, | 18 |
| damage, or destruction arising out of the accidental discharge, | 19 |
| dispersal, release, or escape into the land, atmosphere, | 20 |
| watercourse, or body of water of any commodity transported by a | 21 |
| motor vehicle, including the cost of removal and the cost of | 22 |
| necessary measures taken to minimize or mitigate damage to | 23 |
| human health, the natural environment, fish, shellfish, and | 24 |
| wildlife.
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| (b) Owner's Policy. --Such owner's policy of liability | 26 |
| insurance:
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| 1. Shall designate by explicit description or by | 28 |
| appropriate
reference, all motor vehicles with respect to which | 29 |
| coverage is thereby
intended to be granted;
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| 2. Shall insure the person named therein and any other | 31 |
| person using
or responsible for the use of such motor vehicle | 32 |
| or vehicles with the
express or implied permission of the |
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HB5008 |
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LRB093 16627 DRH 42277 b |
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| insured;
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| 3. Shall insure every named insured and any other person | 3 |
| using or
responsible for the use of any motor vehicle owned by | 4 |
| the named insured
and used by such other person with the | 5 |
| express or implied permission of
the named insured on account | 6 |
| of the maintenance, use or operation of any
motor vehicle owned | 7 |
| by the named insured, within the continental limits
of the | 8 |
| United States or the Dominion of Canada against loss from
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| liability imposed by law arising from such maintenance, use or
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| operation, to the extent and aggregate amount, exclusive of | 11 |
| interest and
cost, with respect to each motor vehicle, of | 12 |
| $20,000 for bodily injury
to or death of one person as a result | 13 |
| of any one accident and, subject
to such limit as to one | 14 |
| person, the amount of $40,000 for bodily injury
to or death of | 15 |
| all persons as a result of any one accident and the
amount of | 16 |
| $15,000 for damage to property of others as a result of any
one | 17 |
| accident , and the amount of $5,000 for environmental | 18 |
| restoration as a result of one accident .
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| (c) Operator's Policy. --When an operator's policy is | 20 |
| required, it
shall insure the person named therein as insured | 21 |
| against the liability
imposed by law upon the insured for | 22 |
| bodily injury to or death of any
person or damage to property | 23 |
| to the amounts and limits above set forth
and growing out of | 24 |
| the use or operation by the insured within the
continental | 25 |
| limits of the United States or the Dominion of Canada of any
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| motor vehicle not owned by him.
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| (d) Required Statements in Policies. --Every motor vehicle | 28 |
| liability
policy must specify the name and address of the | 29 |
| insured, the coverage
afforded by the policy, the premium | 30 |
| charged therefor, the policy period,
and the limits of | 31 |
| liability, and shall contain an agreement that the
insurance | 32 |
| thereunder is provided in accordance with the coverage defined
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| in this Act, as respects bodily injury and death ,
or property | 34 |
| damage , and environmental restoration
or
both , and is subject | 35 |
| to all the provisions of this Act.
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| (e) Policy Need Not Insure Workers' Compensation. --Any |
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| liability
policy or policies issued hereunder need not cover | 2 |
| any liability of the
insured assumed by or imposed upon the | 3 |
| insured under any workers'
compensation law nor any liability | 4 |
| for damage to property in charge of
the insured or the | 5 |
| insured's employees.
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| (f) Provisions Incorporated in Policy. --Every motor | 7 |
| vehicle
liability policy is subject to the following provisions | 8 |
| which need not
be contained therein:
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| 1. The liability of the insurance carrier under any such | 10 |
| policy
shall become absolute whenever loss or damage covered by | 11 |
| the policy
occurs and the satisfaction by the insured of a | 12 |
| final judgment for such
loss or damage shall not be a condition | 13 |
| precedent to the right or
obligation of the carrier to make | 14 |
| payment on account of such loss or
damage.
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| 2. No such policy may be cancelled or annulled as respects | 16 |
| any loss
or damage, by any agreement between the carrier and | 17 |
| the insured after
the insured has become responsible for such | 18 |
| loss or damage, and any such
cancellation or annulment shall be | 19 |
| void.
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| 3. The insurance carrier shall, however, have the right to | 21 |
| settle
any claim covered by the policy, and if such settlement | 22 |
| is made in good
faith, the amount thereof shall be deductible | 23 |
| from the limits of
liability specified in the policy.
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| 4. The policy, the written application therefor, if any, | 25 |
| and any
rider or endorsement which shall not conflict with the | 26 |
| provisions of
this Act shall constitute the entire contract | 27 |
| between the parties.
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| (g) Excess or Additional Coverage. --Any motor vehicle | 29 |
| liability
policy may, however, grant any lawful coverage in | 30 |
| excess of or in
addition to the coverage herein specified or | 31 |
| contain any agreements,
provisions, or stipulations not in | 32 |
| conflict with the provisions of this
Act and not otherwise | 33 |
| contrary to law.
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| (h) Reimbursement Provision Permitted. --The policy may | 35 |
| provide that
the insured, or any other person covered by the | 36 |
| policy shall reimburse
the insurance carrier for payment made |
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| on account of any loss or damage
claim or suit involving a | 2 |
| breach of the terms, provisions or conditions
of the policy; | 3 |
| and further, if the policy shall provide for limits in
excess | 4 |
| of the limits specified in this Act, the insurance carrier may
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| plead against any plaintiff, with respect to the amount of such | 6 |
| excess
limits of liability, any defense which it may be | 7 |
| entitled to plead
against the insured.
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| (i) Proration of Insurance Permitted. --The policy may | 9 |
| provide for
the pro-rating of the insurance thereunder with | 10 |
| other applicable valid
and collectible insurance.
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| (j) Binders. --Any binder pending the issuance of any | 12 |
| policy, which
binder contains or by reference includes the | 13 |
| provisions hereunder shall
be sufficient proof of ability to | 14 |
| respond in damages.
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| (k) Copy of Policy to Be Filed with Department of
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| Insurance--Approval. --A copy of the form of every motor | 17 |
| vehicle
liability policy which is to be used to meet the | 18 |
| requirements of this
Act must be filed, by the company offering | 19 |
| such policy, with the
Department of Insurance, which shall | 20 |
| approve or disapprove the policy
within 30 days of its filing. | 21 |
| If the Department approves the policy in
writing within such 30 | 22 |
| day period or fails to take action for 30 days,
the form of | 23 |
| policy shall be deemed approved as filed. If within the 30
days | 24 |
| the Department disapproves the form of policy filed upon the | 25 |
| ground
that it does not comply with the requirements of this | 26 |
| Act, the
Department shall give written notice of its decision | 27 |
| and its reasons
therefor to the carrier and the policy shall | 28 |
| not be accepted as proof of
financial responsibility under this | 29 |
| Act.
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| (l) Insurance Carrier Required to File Certificate. --An | 31 |
| insurance
carrier who has issued a motor vehicle liability | 32 |
| policy or policies or
an operator's policy meeting the | 33 |
| requirements of this Act shall, upon
the request of the insured | 34 |
| therein, deliver to the insured for filing,
or at the request | 35 |
| of the insured, shall file direct, with the Secretary
of State | 36 |
| a certificate, as required by this Act, which shows that such
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| policy or policies have been issued. No insurance carrier may | 2 |
| require
the payment of any extra fee or surcharge, in addition | 3 |
| to the insurance
premium, for the execution, delivery or filing | 4 |
| of such certificate.
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| (m) Proof When Made By Endorsement. --Any motor vehicle | 6 |
| liability
policy which by endorsement contains the provisions | 7 |
| required hereunder
shall be sufficient proof of ability to | 8 |
| respond in damages.
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| (Source: P.A. 85-730.)
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