Public Act 102-0052
 
HB0161 EnrolledLRB102 03897 HEP 13912 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 Vehicle Code is amended  by 
changing Sections 7-211 and 7-214 as follows:
 



    (625 ILCS 5/7-211)  (from Ch. 95 1/2, par. 7-211)



    Sec. 7-211. Duration of suspension. 

    (a) Unless a suspension is terminated
under other 
provisions of this Code, the driver's license or registration

and nonresident's operating privilege suspended as provided in 
Section
7-205 shall remain suspended and shall not be renewed 
nor shall any
license or registration be issued to the person 
until:


        1. The person deposits or there shall
be deposited and 
    filed on
the person's behalf the security required under 
    Section 7-201;


        2. Two years have elapsed following the date the 
    driver's license
and registrations were suspended and 
    evidence satisfactory to the Secretary
of State that 
    during the period no action for damages arising
out of a

    motor vehicle accident has been properly filed;


        3. Receipt of proper notice that the person has filed 
    bankruptcy which
would include all claims for personal 
    injury and property damage resulting
from the accident; or


        4. After the expiration of 5 years from the date of the 
    accident, the
Secretary of State has not received 
    documentation that any action at law
for damages arising 
    out of the motor vehicle accident has been filed against

    the person; or .
        5. The statute of limitations has expired and the 
    person seeking reinstatement provides evidence 
    satisfactory to the Secretary of State that, during the 
    statute of limitations period, no action for damages 
    arising out of a motor vehicle accident has been properly 
    filed. 

    An affidavit that no action at law for damages arising
out 
of the motor vehicle accident has been filed against the 
applicant,
or if filed that it is not still pending shall be 
prima facie evidence
of that fact. The Secretary of State may 
take whatever steps are necessary
to verify the statement set 
forth in the applicant's affidavit.

    (b) The driver's license or registration and nonresident's 
operating
privileges suspended as provided in Section 7-205 
shall also remain suspended
and shall not be renewed nor shall 
any license or registration be issued to the
person until the 
person gives proof of his or her financial responsibility in

the future as provided in Section 1-164.5.  The proof is to be

maintained by the
person in a manner satisfactory to the 
Secretary of State for a period of 3
years after the date the 
proof is first filed.

(Source: P.A. 90-264, eff. 1-1-98; 91-80, eff. 7-9-99.)

 



    (625 ILCS 5/7-214)  (from Ch. 95 1/2, par. 7-214)



    Sec. 7-214. Disposition of Security. Such security shall 
be applicable only to the payment of a judgment or
judgments, 
rendered against the person or persons on whose behalf the

deposit was made, for damages arising out of the accident in 
question, in
an action at law, begun not later than two years 
after the later of
(i)
the expiration of the relevant statute 
of limitations date the driver's license and registration were 
suspended
following the accident
or (ii) 2 years after the

date of any default in any payment under an installment 
agreement for payment
of damages, and such deposit or any 
balance thereof shall be returned to the
depositor or his or 
her personal representative when evidence satisfactory to the

Secretary of State has been filed with him:

        1.  that there has been a release from liability, or a 
    final adjudication
of non-liability; or

        2.  a duly acknowledged written agreement in accordance 
    with Section
7-208 of this Act; or

        3. whenever after the expiration of the statute of 
    limitations two years after
the later of
(i) the date
the 
    driver's license and registration were suspended
following 
    the accident
or (ii) 2 years after the date of
any default 
    in any payment under an installment agreement for payment 
    of
damages, the Secretary of State shall be given 
    reasonable evidence that
there is no such action pending 
    and no judgment rendered in such action
left unpaid.

    If, after releasing security to a judgment debtor or 
claimant, the balance of the security posted with the 
Secretary is $5 or less, the balance shall be transferred to 
the General Revenue Fund. The

Secretary shall compile a list 
of all security amounts of $5 or less annually in July and 
shall certify that amount to the State Comptroller.  As soon as 
possible after receiving the certification, the State 
Comptroller shall order transferred and the State Treasurer 
shall transfer the amount certified to the General Revenue 
Fund. 
(Source: P.A. 98-178, eff. 1-1-14.)