Illinois General Assembly - Full Text of HB3139
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Full Text of HB3139  98th General Assembly




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1    AN ACT concerning transportation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Insurance Code is amended by adding
5Section 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
9transacting insurance as classified in Class 2 and Class 3 of
10Section 4 of this Code that do not contain personally
11identifiable information may be mailed, issued, delivered, or
12posted on the insurer's Internet website. If the insurer elects
13to post the insurance policies and endorsements on its Internet
14website in lieu of mailing, issuing, or delivering them to the
15insured, then the insurer must comply with all of the following
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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1posts its policies and endorsements electronically in
2accordance with this Section from offering a discount to an
3insured who elects to receive notices and documents
4electronically in accordance with the provisions of the federal
5Electronic Signatures in Global and National Commerce Act.
6    (c) Nothing in this Section affects the timing or content
7of any disclosure or other document required to be provided or
8made available to any insured under any statute, rule,
9regulation, or rule of law.
10    Section 10. The Illinois Vehicle Code is amended by
11changing Section 7-602 as follows:
12    (625 ILCS 5/7-602)  (from Ch. 95 1/2, par. 7-602)
13    Sec. 7-602. Insurance card. Every operator of a motor
14vehicle subject to Section 7-601 of this Code shall carry
15within the vehicle evidence of insurance. The evidence shall be
16legible and sufficient to demonstrate that the motor vehicle
17currently is covered by a liability insurance policy as
18required under Section 7-601 of this Code and may include, but
19is not limited to, the following:
20        (a) an insurance card provided by the insurer under
21    this Section;
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;
2        (c) the current declarations page of a liability
3    insurance policy;
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;
9        (e) a current rental agreement;
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;
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; .
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
3insured by the insurer issuing the liability insurance policy
4and may be issued in either paper or electronic format.
5Acceptable electronic formats shall permit display on a
6cellular phone or other portable electronic device.
7    The form, contents and manner of issuance of the insurance
8card shall be prescribed by rules and regulations of the
9Secretary of State. The Secretary shall adopt rules requiring
10that reasonable measures be taken to prevent the fraudulent
11production of insurance cards. The insurance card shall display
12an effective date and an expiration date covering a period of
13time not to exceed 12 months. The insurance card shall contain
14the following disclaimer: "Examine policy exclusions
15carefully. This form does not constitute any part of your
16insurance policy." If the insurance policy represented by the
17insurance card does not cover any driver operating the motor
18vehicle with the owner's permission, or the owner when
19operating a motor vehicle other than the vehicle for which the
20policy is issued, the insurance card shall contain a warning of
21such limitations in the coverage provided by the policy.
22    No insurer shall issue a card, similar in appearance, form
23and content to the insurance card required under this Section,
24in connection with an insurance policy that does not provide
25the liability insurance coverage required under Section 7-601
26of this Code.



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1    The evidence of insurance shall be displayed upon request
2made by any law enforcement officer wearing a uniform or
3displaying a badge or other sign of authority. Any person who
4fails or refuses to comply with such request is in violation of
5Section 3-707 of this Code. Any person who displays evidence of
6insurance, knowing there is no valid liability insurance in
7effect on the motor vehicle as required under Section 7-601 of
8this Code or knowing the evidence of insurance is illegally
9altered, counterfeit or otherwise invalid, is in violation of
10Section 3-710 of this Code.
11    "Display" means the manual surrender of the evidence of
12insurance into the hands of the law enforcement officer, court,
13or officer of the court making the request for the officer's,
14court's, or officer of the court's inspection thereof.
15(Source: P.A. 93-719, eff. 1-1-05.)
16    Section 99. Effective date. This Act takes effect upon
17becoming law.