Illinois General Assembly - Full Text of HB0161
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Full Text of HB0161  102nd General Assembly




HB0161 EnrolledLRB102 03897 HEP 13912 b

1    AN ACT concerning transportation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Vehicle Code is amended by
5changing Sections 7-211 and 7-214 as follows:
6    (625 ILCS 5/7-211)  (from Ch. 95 1/2, par. 7-211)
7    Sec. 7-211. Duration of suspension.
8    (a) Unless a suspension is terminated under other
9provisions of this Code, the driver's license or registration
10and nonresident's operating privilege suspended as provided in
11Section 7-205 shall remain suspended and shall not be renewed
12nor shall any license or registration be issued to the person
14        1. The person deposits or there shall be deposited and
15    filed on the person's behalf the security required under
16    Section 7-201;
17        2. Two years have elapsed following the date the
18    driver's license and registrations were suspended and
19    evidence satisfactory to the Secretary of State that
20    during the period no action for damages arising out of a
21    motor vehicle accident has been properly filed;
22        3. Receipt of proper notice that the person has filed
23    bankruptcy which would include all claims for personal



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1    injury and property damage resulting from the accident; or
2        4. After the expiration of 5 years from the date of the
3    accident, the Secretary of State has not received
4    documentation that any action at law for damages arising
5    out of the motor vehicle accident has been filed against
6    the person; or .
7        5. The statute of limitations has expired and the
8    person seeking reinstatement provides evidence
9    satisfactory to the Secretary of State that, during the
10    statute of limitations period, no action for damages
11    arising out of a motor vehicle accident has been properly
12    filed.
13    An affidavit that no action at law for damages arising out
14of the motor vehicle accident has been filed against the
15applicant, or if filed that it is not still pending shall be
16prima facie evidence of that fact. The Secretary of State may
17take whatever steps are necessary to verify the statement set
18forth in the applicant's affidavit.
19    (b) The driver's license or registration and nonresident's
20operating privileges suspended as provided in Section 7-205
21shall also remain suspended and shall not be renewed nor shall
22any license or registration be issued to the person until the
23person gives proof of his or her financial responsibility in
24the future as provided in Section 1-164.5. The proof is to be
25maintained by the person in a manner satisfactory to the
26Secretary of State for a period of 3 years after the date the



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1proof is first filed.
2(Source: P.A. 90-264, eff. 1-1-98; 91-80, eff. 7-9-99.)
3    (625 ILCS 5/7-214)  (from Ch. 95 1/2, par. 7-214)
4    Sec. 7-214. Disposition of Security. Such security shall
5be applicable only to the payment of a judgment or judgments,
6rendered against the person or persons on whose behalf the
7deposit was made, for damages arising out of the accident in
8question, in an action at law, begun not later than two years
9after the later of (i) the expiration of the relevant statute
10of limitations date the driver's license and registration were
11suspended following the accident or (ii) 2 years after the
12date of any default in any payment under an installment
13agreement for payment of damages, and such deposit or any
14balance thereof shall be returned to the depositor or his or
15her personal representative when evidence satisfactory to the
16Secretary of State has been filed with him:
17        1. that there has been a release from liability, or a
18    final adjudication of non-liability; or
19        2. a duly acknowledged written agreement in accordance
20    with Section 7-208 of this Act; or
21        3. whenever after the expiration of the statute of
22    limitations two years after the later of (i) the date the
23    driver's license and registration were suspended following
24    the accident or (ii) 2 years after the date of any default
25    in any payment under an installment agreement for payment



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1    of damages, the Secretary of State shall be given
2    reasonable evidence that there is no such action pending
3    and no judgment rendered in such action left unpaid.
4    If, after releasing security to a judgment debtor or
5claimant, the balance of the security posted with the
6Secretary is $5 or less, the balance shall be transferred to
7the General Revenue Fund. The Secretary shall compile a list
8of all security amounts of $5 or less annually in July and
9shall certify that amount to the State Comptroller. As soon as
10possible after receiving the certification, the State
11Comptroller shall order transferred and the State Treasurer
12shall transfer the amount certified to the General Revenue
14(Source: P.A. 98-178, eff. 1-1-14.)