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| Public Act 102-0052 | ||||
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by | ||||
changing Sections 7-211 and 7-214 as follows:
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(625 ILCS 5/7-211) (from Ch. 95 1/2, par. 7-211)
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Sec. 7-211. Duration of suspension.
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(a) Unless a suspension is terminated
under other | ||||
provisions of this Code, the driver's license or registration
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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:
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1. The person deposits or there shall
be deposited and | ||||
filed on
the person's behalf the security required under | ||||
Section 7-201;
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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
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motor vehicle accident has been properly filed;
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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
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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
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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.
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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.
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(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
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the future as provided in Section 1-164.5. The proof is to be
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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.
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(Source: P.A. 90-264, eff. 1-1-98; 91-80, eff. 7-9-99.)
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(625 ILCS 5/7-214) (from Ch. 95 1/2, par. 7-214)
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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
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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
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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
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Secretary of State has been filed with him:
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1. that there has been a release from liability, or a | ||
final adjudication
of non-liability; or
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2. a duly acknowledged written agreement in accordance | ||
with Section
7-208 of this Act; or
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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.
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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.)
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