Section 1070.120  Nonresidents and Former Residents; When Proof Not Required

a)         Any nonresident or former Illinois resident who has met all requirements for reinstatement of his/her driving or registration privileges except for filing proof of financial responsibility, resides outside of Illinois, and has applied for a driver's license in another state, shall be released from the requirement of showing proof of financial responsibility in this State if he or she presents to the Secretary of State an affidavit of out-of-state residency.

b)         Any nonresident or former Illinois resident whose driver's license was revoked and who has met all requirements for applying for driving privileges except for filing proof of financial responsibility under IVC Chapter 7, resides outside of Illinois, and has applied for a driver's license in another state, shall be released from the requirement of showing proof of financial responsibility in this State if he/she presents to the Secretary of State an affidavit of out-of-state residency.

c)         If a nonresident or former Illinois resident released from the requirement of showing proof of financial responsibility in Illinois under subsection (a) or subsection (b) moves or returns to Illinois within 3 years after the date of release, he/she must present to the Secretary of State proof of insurance coverage during the period in which the person resided outside of Illinois. This proof may be a copy of the individual's insurance card, copy of the insurance declaration page or a letter from the insurance company indicating insurance coverage. Any person who fails to present the required proof may not be issued a driver's license until he/she presents proof of financial responsibility that is satisfactory under IVC Chapter 7. The proof of financial responsibility required under this subsection (c) must be shown or maintained for the period of time required under IVC Chapter 7.

d)         The affidavit of out-of-state residency must include the following:

1)         The name and new address of the former Illinois resident.  The new address must be in a state other than Illinois.

2)         The date of birth, the last four digits of the social security number and signature of the individual.

3)         A statement affirming that the individual is no longer a resident of the State of Illinois and a request that the requirement to file proof of financial responsibility in Illinois, as outlined in IVC Section 7-316.1, be waived.

e)         Any nonresident or former Illinois resident who has submitted satisfactory documentation to the Secretary of State to be released of showing proof of financial responsibility in this State shall have his or her Illinois license cancelled 60 days after acceptance of the affidavit of out-of-state residency, as provided in IVC Section 6-201(a)15. [625 ILCS 5/7-316.1(b-5)]

(Source:  Amended at 38 Ill. Reg. 6119, effective February 27, 2014)