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90_HB0224ham001
LRB9001101JSgcam02
1 AMENDMENT TO HOUSE BILL 224
2 AMENDMENT NO. . Amend House Bill 224 by replacing
3 the title with the following:
4 "AN ACT concerning motor vehicle insurance, amending
5 named Acts."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Illinois Insurance Code is amended by
9 adding Section 143.32 as follows:
10 (215 ILCS 5/143.32 new)
11 Sec. 143.32. Primary automobile insurance coverage.
12 (a) A policy of automobile insurance, which insures
13 against loss resulting from liability for bodily injury or
14 death suffered by any person arising out of the ownership,
15 maintenance, or use of a motor vehicle that is designed for
16 use on public highways and that is either required to be
17 registered in this State or is principally garaged in this
18 State, including policies that provide coverage for the
19 owners of for rent motor vehicles, that provides insurance in
20 the amounts required under the Illinois Vehicle Code for
21 liability for damage to property or for personal injury to or
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1 death of any person resulting from the operation of a motor
2 vehicle shall be deemed to be primary coverage. If there is
3 other coverage applicable to the claim, whether insurance or
4 self-insurance, that coverage shall be deemed to be excess
5 coverage.
6 (b) If the owner of a for rent motor vehicle chooses to
7 self-insure or post bond as provided under Section 9-102 of
8 the Illinois Vehicle Code, the owner shall be primarily
9 liable for damage to property or for an injury to or for the
10 death of any person resulting from the operation of the motor
11 vehicle. If there is other coverage applicable to the claim,
12 whether insurance or self-insurance, that other coverage
13 shall be deemed to be excess coverage.
14 Section 10. The Illinois Vehicle Code is amended by
15 changing Sections 9-101, 9-102, and 9-105 as follows:
16 (625 ILCS 5/9-101) (from Ch. 95 1/2, par. 9-101)
17 Sec. 9-101. Owner of for-rent motor vehicle to give proof
18 of financial responsibility. For purposes of this Chapter,
19 "for rent" means any transfer of the possession of or right
20 to possession of a motor vehicle to a user for a valuable
21 consideration for a period of less than one year, and "to
22 lease" means any transfer of the possession of or right to
23 possession of a motor vehicle to a user for a period of one
24 year or more. It is unlawful for the owner of any motor
25 vehicle to engage in the business, or to hold himself out to
26 the public generally as being engaged in the business of
27 renting out such motor vehicle to be operated by the
28 customer, unless the owner has given, and there is in full
29 force and effect and on file with the Secretary of State
30 proof of financial responsibility as hereinafter provided.
31 This proof of financial responsibility shall be primary
32 coverage for liability for damage to property or for an
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1 injury to or for the death of any person resulting from the
2 operation of the rented motor vehicle and for personal injury
3 protection coverage. The delivery of a vehicle owned by an
4 out of State person or business to a renter in this State
5 shall constitute engaging in the rental business in this
6 State for purposes of this Section.
7 All owners of motor vehicles which are leased for a
8 period of one year or more are not required to provide proof
9 of insurance as required under this chapter, but instead must
10 comply with Section 7-601 of this Code and obtain vehicle
11 insurance in amounts no less than the minimum amount set for
12 bodily injury or death and for destruction of property
13 pursuant to Section 7-203 of this Code.
14 (Source: P.A. 86-880; 87-1220.)
15 (625 ILCS 5/9-102) (from Ch. 95 1/2, par. 9-102)
16 Sec. 9-102. Alternate methods of giving proof of
17 financial responsibility. Proof of financial responsibility
18 when required under Section 9-101 shall be primary coverage
19 for liability for damage to property or for an injury to or
20 death of any person resulting from the operation of the
21 rented motor vehicle and for personal injury protection
22 coverage and may be given by the following methods. By filing
23 with the Secretary of State:
24 1. A bond as provided in Section 9-103.
25 2. An insurance policy or other proof of insurance in a
26 form to be prescribed by the Secretary as provided in Section
27 9-105.
28 3. A certificate of self insurance issued by the
29 Director.
30 (Source: P.A. 86-444.)
31 (625 ILCS 5/9-105) (from Ch. 95 1/2, par. 9-105)
32 Sec. 9-105. Insurance policy as proof; requirements. A
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1 motor vehicle liability policy in a solvent and responsible
2 company, authorized to do business in the State of Illinois,
3 providing that the insurance carrier will pay any judgment
4 within 30 days after it becomes final, recovered against the
5 customer or against any person operating the motor vehicle
6 with the customer's express or implied consent, for damage to
7 property other than to the rented motor vehicles, or for an
8 injury to or for the death of any person, including an
9 occupant of the rented motor vehicle, resulting from the
10 operation of the motor vehicle shall serve as proof of
11 financial responsibility; provided however, every such policy
12 provides insurance insuring the operator of the rented motor
13 vehicle against liability upon such insured to a minimum
14 amount of $50,000 because of bodily injury to, or death of
15 any one person or damage to property and $100,000 because of
16 bodily injury to or death of 2 or more persons in any one
17 motor vehicle accident. The insurance policy shall be primary
18 coverage for liability for damage to property or for an
19 injury to or death of any person resulting from the operation
20 of the rented motor vehicle and for personal injury
21 protection coverage.
22 (Source: P.A. 86-880.)".