Full Text of HB5907 95th General Assembly
HB5907ham002 95TH GENERAL ASSEMBLY
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Rep. Chapin Rose
Filed: 3/20/2008
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LRB095 14797 WGH 48362 a |
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| AMENDMENT TO HOUSE BILL 5907
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| AMENDMENT NO. ______. Amend House Bill 5907, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
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| "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:
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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 | 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
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| 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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| policy in accordance with Section 7-601) $500 was sustained, | 2 |
| shall determine:
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| 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;
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| 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 .
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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 | 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
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| 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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| 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 .
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| (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.
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| (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:
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| 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 ;
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| 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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| accordance with Section 7-601) $500 ;
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| 3. To any person who was injured as a result of the | 3 |
| accident; and
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| 4. To the estate of any person killed as a result of | 5 |
| 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 | 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
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| 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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| the Administrator to reduce the amount of security
ordered by | 2 |
| 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 | 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.
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| (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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| that
report and the report required by this Subsection shall be | 2 |
| submitted on
a single form.
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| (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.
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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 | 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.
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| However, the notification is not a condition precedent to | 20 |
| impose the
penalty for failure to report as provided in | 21 |
| Subsection (e).
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| (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.
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| (Source: P.A. 87-829.)".
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