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Public Act 098-0521





Public Act 098-0521
SB1775 EnrolledLRB098 07835 MLW 37917 b

    AN ACT concerning transportation.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Illinois Insurance Code is amended by adding
Section 143.33 as follows:
    (215 ILCS 5/143.33 new)
    Sec. 143.33. Electronic posting of policies.
    (a) Policies and endorsements used by a company for
transacting insurance as classified in Class 2 and Class 3 of
Section 4 of this Code that do not contain personally
identifiable information may be mailed, issued, delivered, or
posted on the insurer's Internet website. If the insurer elects
to post the insurance policies and endorsements on its Internet
website in lieu of mailing, issuing, or delivering them to the
insured, then the insurer must comply with all of the following
        (1) The policy and endorsements must be easily
    accessible to the insured and the producer of record and
    remain that way for as long as the policy is in force;
        (2) After the expiration of the policy, the insurer
    must archive its expired policies and endorsements for the
    longer of 5 years or other period required by law, and make
    them available upon request;
        (3) The policies and endorsements must be posted in a
    manner that enables the insured and the producer of record
    to print and save the policy and endorsements using
    programs or applications that are widely available on the
    Internet and free to use;
        (4) At the time of issuance of the original policy and
    any renewals of that policy, the insurer provides to the
    insured in the manner it customarily provides declarations
    pages to the insured, and to the producer of record, the
    following information clearly displayed in or
    simultaneously with a declarations page:
            (A) a description of the exact policy and
        endorsement forms purchased by the insured;
            (B) a method by which the insured may obtain from
        the insurer, upon request and without charge, a paper
        copy of their policy and endorsements; and
            (C) the Internet address where their policy and
        endorsements are posted.
        (5) The insurer provides to the insured in the manner
    it customarily provides declarations pages to the insured,
    and to the producer of record, notice of any changes to the
    forms or endorsements; the insured's right to obtain from
    the insurer, upon request and without charge, a paper copy
    of these forms or endorsements; and the Internet address
    where these forms or endorsements are posted.
    (b) Nothing in this Section shall prevent an insurer that
posts its policies and endorsements electronically in
accordance with this Section from offering a discount to an
insured who elects to receive notices and documents
electronically in accordance with the provisions of the federal
Electronic Signatures in Global and National Commerce Act.
    (c) Nothing in this Section affects the timing or content
of any disclosure or other document required to be provided or
made available to any insured under any statute, rule,
regulation, or rule of law.
    Section 10. The Illinois Vehicle Code is amended by
changing Section 7-602 as follows:
    (625 ILCS 5/7-602)  (from Ch. 95 1/2, par. 7-602)
    Sec. 7-602. Insurance card. Every operator of a motor
vehicle subject to Section 7-601 of this Code shall carry
within the vehicle evidence of insurance. The evidence shall be
legible and sufficient to demonstrate that the motor vehicle
currently is covered by a liability insurance policy as
required under Section 7-601 of this Code and may include, but
is not limited to, the following:
        (a) an insurance card provided by the insurer under
    this Section;
        (b) the combination of proof of purchase of the motor
    vehicle within the previous 60 days and a current insurance
    card issued for the motor vehicle replaced by such
        (c) the current declarations page of a liability
    insurance policy;
        (d) a liability insurance binder, certificate of
    liability insurance or receipt for payment to an insurer or
    its authorized representative for a liability insurance
    premium, provided such document contains all information
    the Secretary of State by rule and regulation may require;
        (e) a current rental agreement;
        (f) registration plates, registration sticker or other
    evidence of registration issued by the Secretary only upon
    submission of proof of liability insurance pursuant to this
        (g) a certificate, decal, or other document or device
    issued by a governmental agency for a motor vehicle
    indicating the vehicle is insured for liability pursuant to
    law; .
        (h) the display of electronic images on a cellular
    phone or other type of portable electronic device. The use
    of a cellular phone or other type of portable electronic
    device to display proof of insurance does not constitute
    consent for a law enforcement officer, court, or other
    officer of the court to access other contents of the
    electronic device. Any law enforcement officer, court, or
    officer of the court presented with the device shall be
    immune from any liability resulting from damage to the
    mobile electronic device.
    An insurance card shall be provided for each motor vehicle
insured by the insurer issuing the liability insurance policy
and may be issued in either paper or electronic format.
Acceptable electronic formats shall permit display on a
cellular phone or other portable electronic device and satisfy
all other requirements of law and rule, including this Section,
regarding form and content.
    The form, contents and manner of issuance of the insurance
card shall be prescribed by rules and regulations of the
Secretary of State. The Secretary shall adopt rules requiring
that reasonable measures be taken to prevent the fraudulent
production of insurance cards. The insurance card shall display
an effective date and an expiration date covering a period of
time not to exceed 12 months. The insurance card shall contain
the following disclaimer: "Examine policy exclusions
carefully. This form does not constitute any part of your
insurance policy." If the insurance policy represented by the
insurance card does not cover any driver operating the motor
vehicle with the owner's permission, or the owner when
operating a motor vehicle other than the vehicle for which the
policy is issued, the insurance card shall contain a warning of
such limitations in the coverage provided by the policy.
    No insurer shall issue a card, similar in appearance, form
and content to the insurance card required under this Section,
in connection with an insurance policy that does not provide
the liability insurance coverage required under Section 7-601
of this Code.
    The evidence of insurance shall be displayed upon request
made by any law enforcement officer wearing a uniform or
displaying a badge or other sign of authority. Any person who
fails or refuses to comply with such request is in violation of
Section 3-707 of this Code. Any person who displays evidence of
insurance, knowing there is no valid liability insurance in
effect on the motor vehicle as required under Section 7-601 of
this Code or knowing the evidence of insurance is illegally
altered, counterfeit or otherwise invalid, is in violation of
Section 3-710 of this Code.
    "Display" means the manual surrender of the evidence of
insurance into the hands of the law enforcement officer, court,
or officer of the court making the request for the officer's,
court's, or officer of the court's inspection thereof.
(Source: P.A. 93-719, eff. 1-1-05.)
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/23/2013