Full Text of HB2758 94th General Assembly
HB2758ham001 94TH GENERAL ASSEMBLY
|
Rep. Ronald A. Wait
Filed: 3/15/2005
|
|
09400HB2758ham001 |
|
LRB094 09622 DRH 43068 a |
|
| 1 |
| AMENDMENT TO HOUSE BILL 2758
| 2 |
| AMENDMENT NO. ______. Amend House Bill 2758 by replacing | 3 |
| everything after the enacting clause with the following:
| 4 |
| "Section 5. The Illinois Vehicle Code is amended by | 5 |
| changing Sections 7-202 and 7-601 as follows:
| 6 |
| (625 ILCS 5/7-202) (from Ch. 95 1/2, par. 7-202)
| 7 |
| Sec. 7-202. Exceptions to requirements of security. (a) The | 8 |
| requirements
as to security and suspension as provided by | 9 |
| Sections 7-201 and 7-205 shall not apply:
| 10 |
| 1. To the driver or owner if such owner had in effect at | 11 |
| the time of such
motor vehicle accident a liability policy | 12 |
| covering such driver and owner
with respect to the vehicle | 13 |
| involved in such motor vehicle
accident; this exemption, | 14 |
| however, does not apply to a driver whose insurance company has | 15 |
| declined coverage because the driver failed to cooperate with | 16 |
| the insurance company's investigation of an accident;
| 17 |
| 2. To the driver, if not the owner of such vehicle, if | 18 |
| there
was in effect at the time of such motor vehicle accident | 19 |
| a liability policy
or bond with respect to the operation of | 20 |
| motor vehicles not owned by the driver;
| 21 |
| 3. To the driver or owner if the liability of such driver | 22 |
| or owner for
damages resulting from such motor vehicle accident | 23 |
| is covered by any other
form of liability insurance policy or | 24 |
| bond;
|
|
|
|
09400HB2758ham001 |
- 2 - |
LRB094 09622 DRH 43068 a |
|
| 1 |
| 4. To the driver or owner, if such owner is qualified as a
| 2 |
| self-insurer as provided in Section 7-502;
| 3 |
| 5. To the owner if such owner at the time of such motor | 4 |
| vehicle accident
was in compliance with Section 8-101 or | 5 |
| Section 9-101;
| 6 |
| 6. To the driver or owner if such owner at the time of such | 7 |
| motor vehicle
accident was in compliance with the Federal | 8 |
| Revised Interstate Commerce Act
(P.L. 95-473), as now or | 9 |
| hereafter amended;
| 10 |
| 7. To the owner if the vehicle involved in such motor | 11 |
| vehicle accident
was owned by the United States, this State or | 12 |
| any political sub-division of
this State, any municipality | 13 |
| therein, or any local Mass Transit District;
| 14 |
| 8. To the driver or the owner of a vehicle involved in a | 15 |
| motor vehicle
accident wherein no injury or damage was caused | 16 |
| to the person or
property of any one other than such driver or | 17 |
| owner;
| 18 |
| 9. To the driver or the owner of a vehicle which at the | 19 |
| time of the motor
vehicle accident was parked, unless such | 20 |
| vehicle was parked at a place where
parking was at the time of | 21 |
| the accident prohibited under any applicable
law or ordinance;
| 22 |
| 10. To the owner of a vehicle if at the time of the motor | 23 |
| vehicle accident
the vehicle was being operated without his | 24 |
| permission, express or implied,
or was parked by a person who | 25 |
| had been operating such motor
vehicle without such permission;
| 26 |
| 11. To the driver, if not the owner, of a commercial motor | 27 |
| vehicle on
which there was no liability policy or bond with | 28 |
| respect to the
operation of such vehicle in effect at the time | 29 |
| of the motor vehicle accident
when the driver was operating the | 30 |
| vehicle in
the course of the driver's employment and had
no | 31 |
| actual knowledge of such lack of a liability policy or bond | 32 |
| prior to
the motor vehicle accident.
| 33 |
| (b) If at the time of the motor vehicle accident, an owner | 34 |
| or
driver is covered by a motor vehicle liability policy or |
|
|
|
09400HB2758ham001 |
- 3 - |
LRB094 09622 DRH 43068 a |
|
| 1 |
| bond meeting the
requirements of this Code, such owner or | 2 |
| driver shall be exempt
from suspension under Section 7-205 as | 3 |
| to that motor vehicle accident,
if the company issuing the | 4 |
| policy or bond has failed, and such policy or
bond was not | 5 |
| effective at the time of the motor vehicle accident or
any time | 6 |
| thereafter, provided, that the owner or driver had no knowledge
| 7 |
| of the company's failure prior to the motor vehicle accident, | 8 |
| and such
owner or driver has secured within 30 days after | 9 |
| learning of such failure
another liability policy or bond | 10 |
| meeting the requirements of the Code relating
to future | 11 |
| occurrences or motor vehicle accidents.
| 12 |
| As used in this paragraph, the words "failed" or "failure"
| 13 |
| mean that the company has suspended operations by order of a | 14 |
| court.
| 15 |
| (Source: P.A. 85-293.)
| 16 |
| (625 ILCS 5/7-601) (from Ch. 95 1/2, par. 7-601)
| 17 |
| Sec. 7-601. Required liability insurance policy.
| 18 |
| (a) No person shall operate, register or maintain | 19 |
| registration of, and no
owner shall permit another person to | 20 |
| operate, register or maintain registration
of, a motor vehicle | 21 |
| designed to be used on a public highway unless the motor
| 22 |
| vehicle is covered by a liability insurance policy.
| 23 |
| The insurance policy shall be issued in amounts no less | 24 |
| than the minimum
amounts set for bodily injury or death and for | 25 |
| destruction of property under
Section 7-203 of this Code, and | 26 |
| shall be issued in accordance with the
requirements of Sections | 27 |
| 143a and 143a-2 of the Illinois Insurance Code, as
amended. No | 28 |
| insurer other than an insurer authorized to do business in this
| 29 |
| State shall issue a policy pursuant to this Section for any | 30 |
| vehicle subject to
registration under this Code. Nothing herein | 31 |
| shall deprive an insurer of any
policy defense available at | 32 |
| common law. | 33 |
| (a-1) A driver is in violation of this Section if his or |
|
|
|
09400HB2758ham001 |
- 4 - |
LRB094 09622 DRH 43068 a |
|
| 1 |
| her insurance company denies coverage because the driver has | 2 |
| failed to cooperate with the insurance company's investigation | 3 |
| of an accident.
| 4 |
| (b) The following vehicles are exempt from the requirements | 5 |
| of this Section:
| 6 |
| (1) vehicles subject to the provisions of Chapters 8 or | 7 |
| 18a, Article
III or Section 7-609 of Chapter 7, or
Sections | 8 |
| 12-606 or 12-707.01 of Chapter 12 of this Code;
| 9 |
| (2) vehicles required to file proof of liability | 10 |
| insurance with the
Illinois Commerce Commission;
| 11 |
| (3) vehicles covered by a certificate of | 12 |
| self-insurance under Section
7-502 of this Code;
| 13 |
| (4) vehicles owned by the United States, the State of | 14 |
| Illinois, or any
political subdivision, municipality or | 15 |
| local mass transit district;
| 16 |
| (5) implements of husbandry;
| 17 |
| (6) other vehicles complying with laws which require | 18 |
| them to be insured
in amounts meeting or exceeding the | 19 |
| minimum amounts required under this
Section; and
| 20 |
| (7) inoperable or stored vehicles that are not | 21 |
| operated, as defined by
rules and regulations of the | 22 |
| Secretary.
| 23 |
| (c) Every employee of a State agency, as that term is | 24 |
| defined in the
Illinois State Auditing Act,
who is assigned a
| 25 |
| specific vehicle owned or leased by the State on an ongoing | 26 |
| basis shall provide
the certification described in this Section | 27 |
| annually to the director or chief
executive officer of his or | 28 |
| her agency.
| 29 |
| The certification shall affirm that the employee is duly | 30 |
| licensed to
drive the assigned vehicle and that (i) the | 31 |
| employee has liability insurance
coverage extending to the | 32 |
| employee when the assigned vehicle is used for other
than | 33 |
| official State business, or (ii) the employee has filed
a bond | 34 |
| with the Secretary of State as proof of financial |
|
|
|
09400HB2758ham001 |
- 5 - |
LRB094 09622 DRH 43068 a |
|
| 1 |
| responsibility, in an
amount equal to, or in excess of the | 2 |
| requirements stated within this Section.
Upon request of the | 3 |
| agency director or chief executive officer, the employee
shall | 4 |
| present evidence to
support
the certification.
| 5 |
| The certification shall be provided during the period July | 6 |
| 1 through July
31 of each calendar year, or within 30 days of | 7 |
| any new assignment of a vehicle
on
an ongoing basis, whichever | 8 |
| is later.
| 9 |
| The employee's authorization to use the assigned vehicle | 10 |
| shall
automatically
be rescinded upon:
| 11 |
| (1) the revocation or suspension of the license | 12 |
| required to drive the
assigned vehicle;
| 13 |
| (2) the cancellation or termination for any reason of | 14 |
| the automobile
liability insurance coverage as required in | 15 |
| item (c) (i); or
| 16 |
| (3) the termination of the bond filed with the | 17 |
| Secretary of State.
| 18 |
| All State employees providing the required certification | 19 |
| shall immediately
notify the agency director or chief executive | 20 |
| officer in the event any of these
actions occur.
| 21 |
| All peace
officers employed by a State agency who are | 22 |
| primarily responsible for
prevention and detection of crime and | 23 |
| the enforcement of the criminal, traffic,
or
highway laws of | 24 |
| this State, and prohibited by agency rule or policy to use an
| 25 |
| assigned vehicle owned or leased by the State for regular | 26 |
| personal or off-duty
use, are exempt from the requirements of | 27 |
| this Section.
| 28 |
| (Source: P.A. 91-661, eff. 12-22-99.)".
|
|