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2007 SUMMARY OF NEW STATE LAWS - ILLINOIS

Illinois State Legislative Website

BILL #

CHAPTER #

ISSUE

BILL DESCRIPTION

HB 654

686

Motor vehicle insurance - traffic offenses

Provides that a person not previously convicted of or received a disposition of court supervision for operating an uninsured vehicle shall receive a fine and a disposition of court supervision for committing the offense, if the person produces in court satisfactory evidence that the motor vehicle is covered by a liability insurance policy. Requires evidence of insurance on the date the supervision is scheduled to terminate. Provides for court review of insurance documentation. Effective: June 1, 2008.

HB 841

621

Motor vehicle insurance -- miscellaneous

Amends the Vehicle Code. Provides that the clerk of the court shall notify the Secretary of State whenever a resident of this state fails to pay any fine, charge, or cost imposed for violating the provision of the Code regarding abandonment of vehicles, or a similar provision of a local ordinance. Provides that regarding the removal of a vehicle, that a towing service has a possessor's lien against a vehicle towed without the owner's permission only if the tow is authorized by a law enforcement agency. Effective: June 1, 2008.

HB 928

316

Workers' compensation - benefits, claims and authorized treatments

Amends the Workers' Compensation Act and the Workers' Occupational Diseases Act. Provides that any impairment of health of a firefighter, emergency medical technician, or paramedic resulting from certain conditions shall be rebuttably presumed to arise out of the course of the employee's employment. Provides that such presumptions are not be admissible in a disability claim arising out of the same medical condition. Relates to blood borne pathogens, respiratory disease, hypertension, tuberculosis and cancer. Effective: June 1, 2008.

HB 1004

92

Mine subsidence

Amends the Insurance Code. Provides that the Mine Subsidence Insurance Fund shall establish the maximum amount of reinsurance available per residence, commercial building, and living unit for mine subsidence insurance; provides for insurance classifications and the maximum amount of available reinsurance. Effective: June 1, 2008.

HB 1146

342

Liability issues

Amends the General Not For Profit Corporation Act of 1986. Limits the liability of a volunteer board member serving without compensation, other than reimbursement for actual expenses, for damages resulting from any action of the executive director concerning the false reporting of or intentional tampering with financial records of the organization, where the actions of the executive director result in legal action. Makes an exception for a volunteer board member to protect charitable assets. Effective: June 1, 2008.

HB 1439

211

Motor vehicle insurance - financial responsibility

Amends the Unified Code of Corrections and the Vehicle Code. Provides that a person placed on court supervision for driving an uninsured vehicle must maintain proof of financial responsibility, in a manner satisfactory to the Secretary of State, for a period of at least 3 years after the date the proof is first filed. Provides that after a third conviction a person must maintain proof of financial responsibility. Effective: June 1, 2008.

HB 1555

213

Producer licensure -- adjusters

Amends the Insurance Code. Changes the definition of a Public Insurance Adjuster. Provides that no person may solicit or hold himself out to be in the business of adjusting insurance claims. Provides that each Public Insurance Adjuster license shall contain the business address of the Public Insurance Adjuster and that the holder of license shall notify the Director of Insurance, in writing, of a change of business address within 30 days of the change. Provides for fees and charges. Effective: June 1, 2008.

HB 1795

26

Worker's compensation - miscellaneous provisions

Creates the Employee Classification Act. Address the practice of misclassifying employees as independent contractors. Provides that a person performing services for a contractor is an employee unless it is shown that the person is free from control or direction over the performance of the service for the contractor. Includes moving construction related materials to and from a job site. Provides for information sharing among the Department of Employment Security and the Workers' Compensation Commission. Effective: June 1, 2008.

HB 1798

3

Tort reform - wrongful death

Amends the Wrongful Death Act. Provides that a jury may award damages for grief, sorrow, and mental suffering to the surviving spouse and next of kin of the deceased. Provides that any amount reduced from a contributorily negligent beneficiary's share of damages shall be distributed to the other beneficiaries in proportion to their respective degrees of dependency. Provides that changes allowing for awards of damages apply to causes of action on or after the effective date. Effective: May 31, 2007.

HB 3383

249

Motor vehicle insurance -- miscellaneous

Relates to rental vehicles. Amends the Renter's Financial Responsibility and Protection Act. Provides for a uniform limit on the amount per day that the renter of a vehicle may be charged for collision damage waivers. Effective: June 1, 2008.

SB 229

661

Civil procedure

Amends the Code of Civil Procedure. Provides that a judgment creditor may recover a corporate judgment debtor's property. Provides that a debtor may be compelled to resign memberships. Provides that a judgment debtor's property not amenable to a sheriff's sale may be sold by other means. Provides property held by a third party determined to be wages is subject to a wage deduction. Provides that a financial institution shall disclose financial records under a lawful citation. Provides for reimbursement. Effective: June 1, 2008.

SB 435

562

Motor vehicle insurance - commercial auto

Amends the Vehicle Code. States that the intent of the General Assembly is to promote the public interest and public welfare by regulating those who engage in commercial vehicle relocation to provide maximum safety for those who use the highways of this State. Provides that the commercial vehicle safety relocator shall retain, for a period 5 years from the date of release of the vehicle, a copy of the invoice given to the vehicle owner or operator. Effective: June 1, 2008.

SB 484

533

Nonrenewals

Amends the Insurance Code. Provides that an insurance company intending to nonrenew any policy of insurance must mail written notice to the named insured at least 60 days prior to expiration. Requires an explanation of the reason for nonrenewal. Provides that a company that does not provide notice of nonrenewal must renew under the same terms and conditions for a certain period or until similar insurance is procured. Provides that a mortgagee or lien holder may accept notification electronically. Effective: June 1, 2008.

SB 486

479

Civil procedure

Amends the Code of Civil Procedure. Provides that the new Section concerning residual funds in a class action common fund applies to all actions pending on the effective date for which no court order has been entered preliminarily approving a proposed settlement for a class of plaintiffs. Relates to nonprofit organizations. Effective: June 1, 2008.

SB 495

305

Fire sprinkler systems

Amends the Fire Sprinkler Contractor Licensing Act. Provides that all inspections and testing of existing fire sprinkler systems and control equipment must be performed by a licensee under the Act or an individual employed and contracted by a licensee. Sets forth qualifications for individuals performing the inspection and testing duties. Relates to testing of Inspection and the Testing of Water Based Systems. Regulates state employees. Provides for testing of gauges and control panels. Effective: June 1, 2008.

SB 555

334

Mine subsidence

Amends the Insurance Code. Provides that the Mine Subsidence Insurance Fund shall establish the maximum amount of reinsurance available per residence, commercial building, and living unit for mine subsidence insurance. Provides that, for all policies issued or renewed after a specified date, the reinsured loss per residence, per commercial building, and per living unit shall be the amounts established by the Fund. Establishes a reinsurance rate. Effective: June 1, 2008.

SB 607

578

Motor vehicle insurance -- miscellaneous

Amends the Vehicle Code and the Criminal Code of 1961. Relates to driving under the influence, reckless homicide and vehicles equipped with ignition interlock devices. Relates to school bus drivers. Relates to persons not covered by an insurance policy. Provides for restitution in specified cases. Effective: June 1, 2008.

SB 1208

395

Motor vehicle insurance - financial responsibility

Amends the Insurance Code. Relates to coverage for permissive drivers. Provides that any policy of private passenger automobile insurance must provide the same limits of bodily injury liability, property damage liability, uninsured and underinsured motorist bodily injury, and medical payments coverage to all persons insured under that policy, whether or not an insured person is a named insured or permissive user under the policy. Effective: June 1, 2008.

SB 1257

456

Mold

Creates the Mold Remediation Registration Act. Requires the Department of Public Health to submit a report to the General Assembly concerning the implementation of federal regulations that establish scientific evidence concerning health effects associated with indoor fungi, bacteria, and their byproducts. Provides that the provisions of the Mold Remediation Registration Act shall not apply to persons licensed in accordance with the Structural Pest Control Act. Effective: June 1, 2008.

SB 1508

512

Building codes

Amends the Counties Code and the Municipal Code. Provides that once a building permit is issued, the applicable building codes of any unit of local government in effect at the time of the issuance of the permit shall be the only building codes that apply for the duration of the building permit. Effective: June 1, 2008.

SB 1553

681

Worker's compensation - disputes and settlements

Amends the Downstate Firefighters Article of the Pension Code. Provides that physicians' opinions required for a determination of disability need not agree as to the existence of any disability or the nature and extent of a disability. Provides that, upon termination of a disability pension by the board, the marshal or chief of the fire department shall order immediate reinstatement of the firefighter into active service in the same rank. Includes a mental disability. Effective: June 1, 2008.

SR 166

Study Commission

Creates the Dog Owners and Homeowner's Insurance Advisory Committee to study breed discrimination and homeowner's insurance availability. Effective: January 1, 2008.

The information contained in this summary is not intended as a portrayal of every property/casualty-related law enacted in each state. Rather, it represents recently enacted legislation specifically identified by NAMIC State and Regulatory Affairs Staff as bearing direct relevance to those issues that represent NAMIC's National State Legislative Agenda or otherwise deemed pertinent to the interests of the majority of NAMIC members.

This summary is for use as a convenient tool for our members, and is not intended, and should not be considered to be, legal advice. Please consult your legal representatives.