Bill Text: IL SB0954 | 2011-2012 | 97th General Assembly | Amended
Bill Title: Amends the Railroad Incorporation Act. Makes a technical change in a provision concerning articles of incorporation.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Failed) 2013-01-08 - Session Sine Die [SB0954 Detail]
Download: Illinois-2011-SB0954-Amended.html
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1 | AMENDMENT TO SENATE BILL 954
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2 | AMENDMENT NO. ______. Amend Senate Bill 954 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Vehicle Code is amended by | ||||||
5 | changing Sections 1-164.5, 7-203, and 7-317 as follows:
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6 | (625 ILCS 5/1-164.5)
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7 | Sec. 1-164.5. Proof of financial responsibility. Proof of | ||||||
8 | ability to
respond in damages for any liability thereafter | ||||||
9 | incurred resulting from the
ownership, maintenance, use or | ||||||
10 | operation of a motor vehicle for bodily injury
to or death of | ||||||
11 | any person in the amount of $20,000, and subject to this limit
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12 | for any one person injured or killed, in the amount of $40,000 | ||||||
13 | for bodily
injury to or death of 2 or more persons in any one | ||||||
14 | accident, and for damage to
property in the amount of $15,000 | ||||||
15 | resulting from any one accident. This proof
in these amounts | ||||||
16 | shall be furnished for each motor vehicle registered by every
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1 | person required to furnish this proof. | ||||||
2 | In the case of the revocation of a driver's license of any | ||||||
3 | person under Section 6-205 of this Code, "proof of financial | ||||||
4 | responsibility" means proof of ability to respond in damages | ||||||
5 | for any liability thereafter incurred resulting from the | ||||||
6 | ownership, maintenance, use or operation of a motor vehicle for | ||||||
7 | bodily injury or death of any person in the amount of $50,000, | ||||||
8 | and subject to this limit for any one person injured or killed, | ||||||
9 | in the amount of $100,000 for bodily injury to or death of 2 or | ||||||
10 | more persons in any one accident, and for damage to property in | ||||||
11 | the amount of $40,000 resulting from any one accident. This | ||||||
12 | proof
in these amounts shall be furnished for each motor | ||||||
13 | vehicle registered by every
person required to furnish this | ||||||
14 | proof. | ||||||
15 | The changes made by this amendatory Act of the 97th General | ||||||
16 | Assembly may be referred to as Devin's Law.
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17 | (Source: P.A. 90-89, eff. 1-1-98.)
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18 | (625 ILCS 5/7-203) (from Ch. 95 1/2, par. 7-203)
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19 | Sec. 7-203. Requirements as to policy or bond. No such | ||||||
20 | policy or bond referred to in Section 7-202 shall
be effective | ||||||
21 | under this Section unless issued by an insurance company or
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22 | surety company authorized to do business in this State, except | ||||||
23 | that if
such motor vehicle was not registered in this State, or | ||||||
24 | was a motor
vehicle which was registered elsewhere than in this | ||||||
25 | State at the
effective date of the policy or bond, or the most |
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1 | recent renewal
thereof, such policy or bond shall not be | ||||||
2 | effective under this Section
unless the insurance company or | ||||||
3 | surety company, if not authorized to do
business in this State, | ||||||
4 | shall execute a power of attorney authorizing
the Secretary of | ||||||
5 | State to accept service on its behalf of notice or
process in | ||||||
6 | any action upon such policy or bond arising out of such
motor | ||||||
7 | vehicle accident. However, every such policy or bond is | ||||||
8 | subject, if
the motor vehicle accident has resulted in bodily | ||||||
9 | injury or death, to
a limit, exclusive of interest and costs, | ||||||
10 | of not less than $20,000 because of
bodily injury to or death | ||||||
11 | of any one person in any one motor vehicle
accident and, | ||||||
12 | subject to said limit for one person, to a limit of not less | ||||||
13 | than
$40,000 because of bodily injury to or death of 2 or more | ||||||
14 | persons
in any one motor vehicle accident, and, if the motor | ||||||
15 | vehicle accident
has resulted in injury to or destruction of | ||||||
16 | property, to a limit of not
less than $15,000 because of injury | ||||||
17 | to or destruction of
property of others
in any one motor | ||||||
18 | vehicle accident. In the case of the revocation of a driver's | ||||||
19 | license of any person under Section 6-205 of this Code, every | ||||||
20 | such policy or bond is subject, if
the motor vehicle accident | ||||||
21 | has resulted in bodily injury or death, to
a limit, exclusive | ||||||
22 | of interest and costs, of not less than $50,000 because of
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23 | bodily injury to or death of any one person in any one motor | ||||||
24 | vehicle
accident and, subject to said limit for one person, to | ||||||
25 | a limit of not less than
$100,000 because of bodily injury to | ||||||
26 | or death of 2 or more persons
in any one motor vehicle |
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1 | accident, and, if the motor vehicle accident
has resulted in | ||||||
2 | injury to or destruction of property, to a limit of not
less | ||||||
3 | than $40,000 because of injury to or destruction of
property of | ||||||
4 | others
in any one motor vehicle accident.
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5 | Upon receipt of a written motor vehicle accident
report | ||||||
6 | from the Administrator the insurance company or surety company
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7 | named in such notice shall notify the Administrator within such | ||||||
8 | time and
in such manner as the Administrator may require, in | ||||||
9 | case such policy or
bond was not in effect at the time of such | ||||||
10 | motor vehicle accident.
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11 | (Source: P.A. 85-730.)
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12 | (625 ILCS 5/7-317) (from Ch. 95 1/2, par. 7-317)
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13 | Sec. 7-317. "Motor vehicle liability policy" defined. (a)
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14 | Certification. -A "motor vehicle liability policy", as that | ||||||
15 | term is
used in this Act, means an "owner's policy" or an | ||||||
16 | "operator's policy" of
liability insurance, certified as | ||||||
17 | provided in Section 7-315 or Section
7-316 as proof of | ||||||
18 | financial responsibility for the future, and issued,
except as | ||||||
19 | otherwise provided in Section 7-316, by an insurance carrier
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20 | duly authorized to transact business in this State, to or for | ||||||
21 | the
benefit of the person named therein as insured.
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22 | (b) Owner's Policy. --Such owner's policy of liability | ||||||
23 | insurance:
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24 | 1. Shall designate by explicit description or by | ||||||
25 | appropriate
reference, all motor vehicles with respect to which |
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1 | coverage is thereby
intended to be granted;
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2 | 2. Shall insure the person named therein and any other | ||||||
3 | person using
or responsible for the use of such motor vehicle | ||||||
4 | or vehicles with the
express or implied permission of the | ||||||
5 | insured;
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6 | 3. Shall insure every named insured and any other person | ||||||
7 | using or
responsible for the use of any motor vehicle owned by | ||||||
8 | the named insured
and used by such other person with the | ||||||
9 | express or implied permission of
the named insured on account | ||||||
10 | of the maintenance, use or operation of any
motor vehicle owned | ||||||
11 | by the named insured, within the continental limits
of the | ||||||
12 | United States or the Dominion of Canada against loss from
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13 | liability imposed by law arising from such maintenance, use or
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14 | operation, to the extent and aggregate amount, exclusive of | ||||||
15 | interest and
cost, with respect to each motor vehicle, of | ||||||
16 | $20,000 for bodily injury
to or death of one person as a result | ||||||
17 | of any one accident and, subject
to such limit as to one | ||||||
18 | person, the amount of $40,000 for bodily injury
to or death of | ||||||
19 | all persons as a result of any one accident and the
amount of | ||||||
20 | $15,000 for damage to property of others as a result of any
one | ||||||
21 | accident , but in the case of the revocation of a driver's | ||||||
22 | license of a named insured under Section 6-205 of this Code, | ||||||
23 | the policy shall insure against loss from
liability imposed by | ||||||
24 | law arising from such maintenance, use or
operation, to the | ||||||
25 | extent and aggregate amount, exclusive of interest and
cost, | ||||||
26 | with respect to each motor vehicle, of $50,000 for bodily |
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1 | injury
to or death of one person as a result of any one | ||||||
2 | accident and, subject
to such limit as to one person, the | ||||||
3 | amount of $100,000 for bodily injury
to or death of all persons | ||||||
4 | as a result of any one accident, and the
amount of $40,000 for | ||||||
5 | damage to property of others as a result of any
one accident .
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6 | (c) Operator's Policy. --When an operator's policy is | ||||||
7 | required, it
shall insure the person named therein as insured | ||||||
8 | against the liability
imposed by law upon the insured for | ||||||
9 | bodily injury to or death of any
person or damage to property | ||||||
10 | to the amounts and limits above set forth
and growing out of | ||||||
11 | the use or operation by the insured within the
continental | ||||||
12 | limits of the United States or the Dominion of Canada of any
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13 | motor vehicle not owned by him.
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14 | (d) Required Statements in Policies. --Every motor vehicle | ||||||
15 | liability
policy must specify the name and address of the | ||||||
16 | insured, the coverage
afforded by the policy, the premium | ||||||
17 | charged therefor, the policy period,
and the limits of | ||||||
18 | liability, and shall contain an agreement that the
insurance | ||||||
19 | thereunder is provided in accordance with the coverage defined
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20 | in this Act, as respects bodily injury and death or property | ||||||
21 | damage or
both, and is subject to all the provisions of this | ||||||
22 | Act.
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23 | (e) Policy Need Not Insure Workers' Compensation. --Any | ||||||
24 | liability
policy or policies issued hereunder need not cover | ||||||
25 | any liability of the
insured assumed by or imposed upon the | ||||||
26 | insured under any workers'
compensation law nor any liability |
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1 | for damage to property in charge of
the insured or the | ||||||
2 | insured's employees.
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3 | (f) Provisions Incorporated in Policy. --Every motor | ||||||
4 | vehicle
liability policy is subject to the following provisions | ||||||
5 | which need not
be contained therein:
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6 | 1. The liability of the insurance carrier under any such | ||||||
7 | policy
shall become absolute whenever loss or damage covered by | ||||||
8 | the policy
occurs and the satisfaction by the insured of a | ||||||
9 | final judgment for such
loss or damage shall not be a condition | ||||||
10 | precedent to the right or
obligation of the carrier to make | ||||||
11 | payment on account of such loss or
damage.
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12 | 2. No such policy may be cancelled or annulled as respects | ||||||
13 | any loss
or damage, by any agreement between the carrier and | ||||||
14 | the insured after
the insured has become responsible for such | ||||||
15 | loss or damage, and any such
cancellation or annulment shall be | ||||||
16 | void.
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17 | 3. The insurance carrier shall, however, have the right to | ||||||
18 | settle
any claim covered by the policy, and if such settlement | ||||||
19 | is made in good
faith, the amount thereof shall be deductible | ||||||
20 | from the limits of
liability specified in the policy.
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21 | 4. The policy, the written application therefor, if any, | ||||||
22 | and any
rider or endorsement which shall not conflict with the | ||||||
23 | provisions of
this Act shall constitute the entire contract | ||||||
24 | between the parties.
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25 | (g) Excess or Additional Coverage. --Any motor vehicle | ||||||
26 | liability
policy may, however, grant any lawful coverage in |
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1 | excess of or in
addition to the coverage herein specified or | ||||||
2 | contain any agreements,
provisions, or stipulations not in | ||||||
3 | conflict with the provisions of this
Act and not otherwise | ||||||
4 | contrary to law.
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5 | (h) Reimbursement Provision Permitted. --The policy may | ||||||
6 | provide that
the insured, or any other person covered by the | ||||||
7 | policy shall reimburse
the insurance carrier for payment made | ||||||
8 | on account of any loss or damage
claim or suit involving a | ||||||
9 | breach of the terms, provisions or conditions
of the policy; | ||||||
10 | and further, if the policy shall provide for limits in
excess | ||||||
11 | of the limits specified in this Act, the insurance carrier may
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12 | plead against any plaintiff, with respect to the amount of such | ||||||
13 | excess
limits of liability, any defense which it may be | ||||||
14 | entitled to plead
against the insured.
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15 | (i) Proration of Insurance Permitted. --The policy may | ||||||
16 | provide for
the pro-rating of the insurance thereunder with | ||||||
17 | other applicable valid
and collectible insurance.
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18 | (j) Binders. --Any binder pending the issuance of any | ||||||
19 | policy, which
binder contains or by reference includes the | ||||||
20 | provisions hereunder shall
be sufficient proof of ability to | ||||||
21 | respond in damages.
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22 | (k) Copy of Policy to Be Filed with Department of
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23 | Insurance--Approval. --A copy of the form of every motor | ||||||
24 | vehicle
liability policy which is to be used to meet the | ||||||
25 | requirements of this
Act must be filed, by the company offering | ||||||
26 | such policy, with the
Department of Insurance, which shall |
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1 | approve or disapprove the policy
within 30 days of its filing. | ||||||
2 | If the Department approves the policy in
writing within such 30 | ||||||
3 | day period or fails to take action for 30 days,
the form of | ||||||
4 | policy shall be deemed approved as filed. If within the 30
days | ||||||
5 | the Department disapproves the form of policy filed upon the | ||||||
6 | ground
that it does not comply with the requirements of this | ||||||
7 | Act, the
Department shall give written notice of its decision | ||||||
8 | and its reasons
therefor to the carrier and the policy shall | ||||||
9 | not be accepted as proof of
financial responsibility under this | ||||||
10 | Act.
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11 | (l) Insurance Carrier Required to File Certificate. --An | ||||||
12 | insurance
carrier who has issued a motor vehicle liability | ||||||
13 | policy or policies or
an operator's policy meeting the | ||||||
14 | requirements of this Act shall, upon
the request of the insured | ||||||
15 | therein, deliver to the insured for filing,
or at the request | ||||||
16 | of the insured, shall file direct, with the Secretary
of State | ||||||
17 | a certificate, as required by this Act, which shows that such
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18 | policy or policies have been issued. No insurance carrier may | ||||||
19 | require
the payment of any extra fee or surcharge, in addition | ||||||
20 | to the insurance
premium, for the execution, delivery or filing | ||||||
21 | of such certificate.
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22 | (m) Proof When Made By Endorsement. --Any motor vehicle | ||||||
23 | liability
policy which by endorsement contains the provisions | ||||||
24 | required hereunder
shall be sufficient proof of ability to | ||||||
25 | respond in damages.
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26 | (Source: P.A. 85-730.)
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1 | Section 99. Effective date. This Act takes effect January | ||||||
2 | 1, 2012.".
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