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Transportation and Motor Vehicles Committee
Filed: 3/11/2008
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09500HB5907ham001 |
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LRB095 14797 WGH 47674 a |
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| AMENDMENT TO HOUSE BILL 5907
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| AMENDMENT NO. ______. Amend House Bill 5907 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The Illinois Vehicle Code is amended by |
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| changing Sections 7-201, 7-204, 7-212, and 11-406 and adding |
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| Section 11-406.1 as follows:
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| (625 ILCS 5/7-201) (from Ch. 95 1/2, par. 7-201)
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| Sec. 7-201. Application of Article II. The Administrator as |
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| soon as practicable after the receipt of the
report, required |
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| to be filed under Sections 11-406 and 11-410, of a motor
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| vehicle accident occurring within this State and that has |
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| resulted in
bodily injury or death of any person or that damage |
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| to the property of
any one person in excess of $1,500 $500 was |
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| sustained , and as soon as practicable after the receipt of a
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| report filed under Section 11-406.1 , shall determine:
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| 1. Whether Section 7-202 of this Code requires the |
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LRB095 14797 WGH 47674 a |
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| deposit of security by
or on behalf of any person who was |
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| the operator or owner of any motor
vehicle in any manner |
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| involved in the accident and;
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| 2. What amount of security shall be sufficient to |
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| satisfy any potential
judgment or judgments for money |
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| damages resulting from the accident as may
be recovered |
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| against the operator or owner, which amount shall in no |
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| event
be less than $1,500 (or $500 in the case of a
report |
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| filed under Section 11-406.1) $500 .
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| (Source: P.A. 87-829.)
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| (625 ILCS 5/7-204) (from Ch. 95 1/2, par. 7-204)
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| Sec. 7-204. Form and amount of security - Definition.
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| (A) Any security required to be deposited under this Act |
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| shall be in
the form as the Secretary of State may require by |
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| administrative rule, and
in the amounts as the
Administrator |
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| may determine to be sufficient to satisfy any judgment or
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| judgments for damages against an operator or owner but in no |
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| case in excess
of the limits specified in Section 7-203 of this |
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| Act in reference to the
acceptable limits of a policy or bond |
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| nor for an amount less than $1,500 (or $500 in the case of a
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| report filed under Section 11-406.1) $500 .
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| (B) The person depositing security shall specify in writing |
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| the person
or persons on whose behalf the deposit is made and, |
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| while at any time the
deposit is in the custody of the |
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| Secretary of State or State Treasurer, the
person depositing it |
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LRB095 14797 WGH 47674 a |
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| may, in writing, amend the specification of the person
or |
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| persons on whose behalf the deposit is made to include an |
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| additional
person or persons; provided, however, that a single |
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| deposit of security
shall be applicable only on behalf of |
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| persons, required to furnish security
because of the same |
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| accident.
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| (C) Within 10 days after any security required under the |
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| provisions of
this Article is deposited with the Secretary of |
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| State, the Secretary shall
send notice of the security deposit |
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| to the following, if known:
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| 1. To each owner and operator of any vehicle involved |
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| in the accident
that sustained damage in excess of $1,500 |
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| (or $500 in the case of a
report filed under Section |
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| 11-406.1) $500 ;
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| 2. To any person who sustained damage to personal or |
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| real property in
excess of $1,500 (or $500 in the case of a
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| report filed under Section 11-406.1) $500 ;
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| 3. To any person who was injured as a result of the |
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| accident; and
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| 4. To the estate of any person killed as a result of |
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| the accident.
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| (Source: P.A. 87-829.)
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| (625 ILCS 5/7-212) (from Ch. 95 1/2, par. 7-212)
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| Sec. 7-212. Authority of Administrator and Secretary of |
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| State to decrease
amount of
security. The Administrator may |
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| reduce the amount of security ordered in any
case
within one |
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| year after the date of the accident, but in no event for an
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| amount less than $1,500 (or $500 in the case of a
report filed |
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| under Section 11-406.1) $500 , if, in the judgment of the |
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| Administrator the amount
ordered is excessive, or may revoke or |
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| rescind its order requiring the
deposit of security in any case |
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| within one year after the date of the
accident if, in the |
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| judgment of the Administrator, the provisions of
Sections 7-202 |
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| and 7-203 excuse or exempt the operator or owner from the
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| requirement of the deposit. In case the security originally |
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| ordered has
been deposited the excess of the reduced amount |
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| ordered shall be returned
to the depositor or his personal |
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| representative forthwith, notwithstanding
the provisions of |
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| Section 7-214. The Secretary of State likewise shall have
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| authority granted to the Administrator to reduce the amount of |
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| security
ordered by the Administrator.
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| (Source: P.A. 87-829.)
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| (625 ILCS 5/11-406) (from Ch. 95 1/2, par. 11-406)
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| Sec. 11-406. Duty to report accident.
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| (a) The driver of a vehicle that is in any manner involved |
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| in an
accident within this State, resulting in injury to or |
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| death of any
person, or in which damage to the property of any |
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| one person, including
himself, in excess of $1,500 $500 is |
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| sustained, shall, as soon as possible but
not later than 10 |
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| days after the accident, forward a written report of
the |
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| accident to the Administrator.
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| (b) Whenever a school bus is involved in an accident in |
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| this State,
caused by a collision, a sudden stop or otherwise, |
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| resulting in any
property damage, personal injury or death and |
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| whenever an accident
occurs within 50 feet of a school bus in |
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| this State resulting in
personal injury to or the death of any |
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| person while awaiting or
preparing to board the bus or |
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| immediately after exiting the bus, the
driver shall as soon as |
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| possible but not later than 10 days after the
accident, forward |
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| a written report to the Department of Transportation.
If a |
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| report is also required under Subsection (a) of this Section, |
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| that
report and the report required by this Subsection shall be |
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| submitted on
a single form.
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| (c) The Administrator may require any driver, occupant or |
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| owner of a
vehicle involved in an accident of which report must |
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| be made as provided
in this Section or Section 11-410 of this |
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| Chapter to file supplemental
reports whenever the original |
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| report is insufficient in the opinion of
the Secretary of State |
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| or the Administrator, and may require witnesses
of the accident |
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| to submit written reports to the Administrator. The
report may |
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| include photographs, charts, sketches, and graphs.
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| (d) Should the Administrator learn through other reports of
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| accidents required by law of the occurrence of an accident |
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| reportable
under this Article and the driver, owner, or witness |
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| has not reported as
required under Subsections (a), (b) or (c) |
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| of this Section or Section
11-410, within the time specified, |
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09500HB5907ham001 |
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LRB095 14797 WGH 47674 a |
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| the person is not relieved of the
responsibility and the |
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| Administrator shall notify the person by first
class mail |
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| directed to his last known address of his legal obligation.
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| However, the notification is not a condition precedent to |
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| impose the
penalty for failure to report as provided in |
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| Subsection (e).
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| (e) The Secretary of State shall suspend the driver's |
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| license or any
non-resident's driving privilege of any person |
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| who fails or neglects to
make report of a traffic accident as |
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| required or as required by
any other law of this State.
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| (Source: P.A. 87-829.)
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| (625 ILCS 5/11-406.1 new)
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| Sec. 11-406.1. Optional reporting of accident. The driver |
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| of a vehicle that is in any manner involved in an
accident |
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| within this State in which damage to the property of any one |
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| person, including
himself or herself, in excess of $500 but not |
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| more than $1,500 is sustained, may,
not later than 10 days |
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| after the accident, forward a written report of
the accident to |
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| the Administrator. ".
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