Bill Text: IL HB0161 | 2021-2022 | 102nd General Assembly | Chaptered

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Bill Title: Amends the Illinois Vehicle Code. Provides that a driver's license or registration and nonresident's operating privilege that is suspended for failure to deposit security shall remain suspended until the statute of limitations has expired and the person seeking reinstatement provides evidence that, during the statute of limitations period, no action for damages arising out of a motor vehicle accident has been properly filed. Provides that the security shall be applicable only to the payment of a judgment, rendered against the person 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 the later of (i) the expiration of the relevant statute of limitations or (ii) 2 years after the date of any default in any payment under an installment agreement for payment of damages (rather than begun not later than 2 years after the later of (i) the date the driver's license and registration were suspended following the accident or (ii) the date of any default in any payment under an installment agreement for payment of damages). Makes a conforming change.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2021-07-09 - Public Act . . . . . . . . . 102-0052 [HB0161 Detail]

Download: Illinois-2021-HB0161-Chaptered.html

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Public Act 102-0052
HB0161 Enrolled LRB102 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.)