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| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 SB1871 Introduced 2/15/2013, by Sen. Linda Holmes SYNOPSIS AS INTRODUCED: |
| 625 ILCS 5/6-201 | | 625 ILCS 5/6-306.6 | from Ch. 95 1/2, par. 6-306.6 | 625 ILCS 5/7-214 | from Ch. 95 1/2, par. 7-214 | 625 ILCS 5/7-303 | from Ch. 95 1/2, par. 7-303 | 625 ILCS 5/7-316.1 | |
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Amends the Illinois Vehicle Code. Allows the Secretary of State to cancel the driver's license of a nonresident or former Illinois resident who has submitted satisfactory documentation to the Secretary of State to be released from the requirement of showing proof of financial responsibility. Limits the Secretary of State's authority to deny renewal upon notification that a driver has an unpaid fine in another state to only those states that are members of the Nonresident Violator Compact of 1977. Allows the Secretary of State to suspend the registration, plates, and registration sticker of a judgment debtor's motor vehicle if that vehicle was involved in the crash leading to the judgment as indicated by the authenticated crash report. Allows the Secretary of State to transfer the balance of a security posted with the Secretary to the State Treasury if, after releasing security to a judgment debtor or claimant, the balanced is $5 or less. Requires the Secretary to compile a list of all security amounts $5 or less annually and file this list with the State Treasurer.
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| | A BILL FOR |
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1 | | AN ACT concerning transportation.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Illinois Vehicle Code is amended by changing |
5 | | Sections 6-201, 6-306.6, 7-214, 7-303, and 7-316.1 as follows:
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6 | | (625 ILCS 5/6-201)
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7 | | Sec. 6-201. Authority to cancel licenses and permits.
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8 | | (a) The Secretary of State is authorized to cancel any |
9 | | license or permit
upon determining that the holder thereof:
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10 | | 1. was not entitled to the issuance thereof hereunder; |
11 | | or
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12 | | 2. failed to give the required or correct information |
13 | | in his
application; or
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14 | | 3. failed to pay any fees, civil penalties owed to the |
15 | | Illinois Commerce
Commission, or taxes due under this Act |
16 | | and upon reasonable notice and demand;
or
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17 | | 4. committed any fraud in the making of such |
18 | | application; or
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19 | | 5. is ineligible therefor under the provisions of |
20 | | Section 6-103 of this
Act, as amended; or
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21 | | 6. has refused or neglected to submit an alcohol, drug, |
22 | | and
intoxicating compound evaluation or to
submit to |
23 | | examination or re-examination as required under this Act; |
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1 | | or
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2 | | 7. has been convicted of violating the Cannabis Control |
3 | | Act,
the
Illinois Controlled Substances Act, the |
4 | | Methamphetamine Control and Community Protection Act, or |
5 | | the Use of Intoxicating Compounds
Act while that individual |
6 | | was in actual physical
control of a motor vehicle. For |
7 | | purposes of this Section, any person placed on
probation |
8 | | under Section 10 of the Cannabis Control Act, Section 410 |
9 | | of the
Illinois Controlled Substances Act, or Section 70 of |
10 | | the Methamphetamine Control and Community Protection Act |
11 | | shall not be considered convicted. Any
person found guilty |
12 | | of this offense, while in actual physical control of a
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13 | | motor vehicle, shall have an entry made in the court record |
14 | | by the
judge that this offense did occur while the person |
15 | | was in actual
physical control of a motor vehicle and order |
16 | | the clerk of the court to report
the violation to the |
17 | | Secretary of State as such. After the cancellation, the
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18 | | Secretary of State shall not issue a new license or permit |
19 | | for a period of one
year after the date of cancellation. |
20 | | However, upon application, the Secretary
of State may, if |
21 | | satisfied that the person applying will not endanger the
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22 | | public safety, or welfare, issue a restricted driving |
23 | | permit granting the
privilege of driving a motor vehicle |
24 | | between the petitioner's residence and
petitioner's place |
25 | | of employment or within the scope of the petitioner's |
26 | | employment
related duties, or to allow transportation for
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1 | | the petitioner or a household member of the petitioner's |
2 | | family for the receipt of
necessary medical care, or |
3 | | provide transportation for the petitioner to and from |
4 | | alcohol or drug remedial or
rehabilitative activity |
5 | | recommended by a licensed service provider, or for the |
6 | | petitioner to attend classes, as a student,
in an |
7 | | accredited educational institution. The petitioner must
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8 | | demonstrate that no alternative means of transportation is |
9 | | reasonably
available; provided that the Secretary's |
10 | | discretion shall be limited to
cases where undue hardship, |
11 | | as defined by the rules of the Secretary of State, would |
12 | | result from a failure to issue such
restricted driving |
13 | | permit. In each case the Secretary of State may issue
such |
14 | | restricted driving permit for such period as he deems |
15 | | appropriate,
except that such permit shall expire within |
16 | | one year from the date of
issuance. A restricted driving |
17 | | permit issued hereunder shall be subject to
cancellation, |
18 | | revocation and suspension by the Secretary of State in like
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19 | | manner and for like cause as a driver's license issued |
20 | | hereunder may be
cancelled, revoked or suspended; except |
21 | | that a conviction upon one or more
offenses against laws or |
22 | | ordinances regulating the movement of traffic
shall be |
23 | | deemed sufficient cause for the revocation, suspension or
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24 | | cancellation of a restricted driving permit. The Secretary |
25 | | of State may,
as a condition to the issuance of a |
26 | | restricted driving permit, require the
applicant to |
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1 | | participate in a driver remedial or rehabilitative
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2 | | program. In accordance with 49 C.F.R. 384, the Secretary of |
3 | | State may not issue a restricted driving permit for the |
4 | | operation of a commercial motor vehicle to a person holding |
5 | | a CDL whose driving privileges have been revoked, |
6 | | suspended, cancelled, or disqualified under this Code; or
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7 | | 8. failed to submit a report as required by Section |
8 | | 6-116.5 of this
Code; or
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9 | | 9. has been convicted of a sex offense as defined in |
10 | | the Sex Offender Registration Act. The driver's license |
11 | | shall remain cancelled until the driver registers as a sex |
12 | | offender as required by the Sex Offender Registration Act, |
13 | | proof of the registration is furnished to the Secretary of |
14 | | State and the sex offender provides proof of current |
15 | | address to the Secretary; or
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16 | | 10. is ineligible for a license or permit under Section |
17 | | 6-107, 6-107.1, or
6-108 of this Code; or
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18 | | 11. refused or neglected to appear at a Driver Services |
19 | | facility to have the license or permit corrected and a new |
20 | | license or permit issued or to present documentation for |
21 | | verification of identity; or
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22 | | 12. failed to submit a medical examiner's certificate |
23 | | or medical variance as required by 49 C.F.R. 383.71 or |
24 | | submitted a fraudulent medical examiner's certificate or |
25 | | medical variance; or |
26 | | 13. has had his or her medical examiner's certificate, |
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1 | | medical variance, or both removed or rescinded by the |
2 | | Federal Motor Carrier Safety Administration; or |
3 | | 14. failed to self-certify as to the type of driving in |
4 | | which the CDL driver engages or expects to engage ; or . |
5 | | 15. has submitted acceptable documentation indicating |
6 | | out-of-state residency to the Secretary of State to be |
7 | | released from the requirement of showing proof of financial |
8 | | responsibility in this State. |
9 | | (b) Upon such cancellation the licensee or permittee must |
10 | | surrender the
license or permit so cancelled to the Secretary |
11 | | of State.
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12 | | (c) Except as provided in Sections 6-206.1 and 7-702.1,
the |
13 | | Secretary of State
shall have exclusive authority to grant, |
14 | | issue, deny, cancel, suspend and
revoke driving privileges, |
15 | | drivers' licenses and restricted driving permits.
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16 | | (d) The Secretary of State may adopt rules to implement |
17 | | this Section.
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18 | | (Source: P.A. 97-208, eff. 1-1-12; 97-229; eff. 7-28-11; |
19 | | 97-813, eff. 7-13-12; 97-835, eff. 7-20-12.)
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20 | | (625 ILCS 5/6-306.6) (from Ch. 95 1/2, par. 6-306.6)
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21 | | Sec. 6-306.6. Failure to pay traffic fines, penalties, or |
22 | | court costs.
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23 | | (a) Whenever any resident of this State fails to pay any |
24 | | traffic fine,
penalty,
or cost imposed for a violation of this |
25 | | Code, or similar provision of
local ordinance, the clerk may |
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1 | | notify the Secretary of State, on
a report
prescribed by the |
2 | | Secretary, and the Secretary shall prohibit the renewal,
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3 | | reissue or reinstatement of such resident's driving privileges |
4 | | until such
fine, penalty, or cost has been paid in full. The |
5 | | clerk
shall provide notice to
the driver, at the driver's last |
6 | | known address as shown on the court's
records, stating that |
7 | | such action
will be effective on the 46th day following the |
8 | | date of the above notice if
payment is not received in full by |
9 | | the court of venue.
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10 | | (a-1) Whenever any resident of this State who has made a |
11 | | partial payment on any traffic fine, penalty, or cost that was |
12 | | imposed under a conviction entered on or after the effective |
13 | | date of this amendatory Act of the 93rd General Assembly, for a |
14 | | violation of this Code or a similar provision of a local |
15 | | ordinance, fails to pay the remainder of the outstanding fine, |
16 | | penalty, or cost within the time limit set by the court, the |
17 | | clerk may notify the Secretary of State, on a report prescribed |
18 | | by the Secretary, and the Secretary shall prohibit the renewal, |
19 | | reissue, or reinstatement of the resident's driving privileges |
20 | | until the fine, penalty, or cost has been paid in full. The |
21 | | clerk shall provide notice to the driver, at the driver's last |
22 | | known address as shown on the court's records, stating that the |
23 | | action will be effective on the 46th day following the date of |
24 | | the notice if payment is not received in full by the court of |
25 | | venue.
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26 | | (b) Except as provided in subsection (b-1), following |
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1 | | receipt of the report from the clerk, the
Secretary of
State |
2 | | shall make the proper notation to the driver's file to prohibit |
3 | | the
renewal, reissue or reinstatement of such driver's driving |
4 | | privileges.
Except as provided in paragraph (2) of subsection |
5 | | (d) of this Section, such
notation shall not be removed from |
6 | | the driver's record until the
driver satisfies the outstanding |
7 | | fine, penalty, or cost and an
appropriate notice on
a form |
8 | | prescribed by the Secretary is received by the Secretary from |
9 | | the
court of venue, stating that such fine, penalty, or cost |
10 | | has been paid
in full.
Upon payment in full of a traffic fine, |
11 | | penalty, or court cost which has
previously been reported under |
12 | | this Section as unpaid, the clerk of the
court shall present |
13 | | the driver with a signed receipt containing the seal of
the |
14 | | court indicating that such fine, penalty, or cost has been paid |
15 | | in
full, and
shall forward forthwith to the Secretary of State |
16 | | a notice stating that the
fine, penalty, or cost has been paid |
17 | | in full.
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18 | | (b-1) In a county with a population of 3,000,000 or more, |
19 | | following receipt of the report from the clerk, the
Secretary |
20 | | of
State shall make the proper notation to the driver's file to |
21 | | prohibit the
renewal, reissue or reinstatement of such driver's |
22 | | driving privileges.
Such notation shall not be removed from the |
23 | | driver's record until the
driver satisfies the outstanding |
24 | | fine, penalty, or cost and an
appropriate notice on
a form |
25 | | prescribed by the Secretary is received by the Secretary |
26 | | directly from the
court of venue, stating that such fine, |
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1 | | penalty, or cost has been paid
in full.
Upon payment in full of |
2 | | a traffic fine, penalty, or court cost which has
previously |
3 | | been reported under this Section as unpaid, the clerk of the
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4 | | court shall forward forthwith directly to the Secretary of |
5 | | State a notice stating that the
fine, penalty, or cost has been |
6 | | paid in full and shall provide the driver with a signed receipt |
7 | | containing the seal of the court, indicating that the fine, |
8 | | penalty, and cost have been paid in full. The receipt may not |
9 | | be used by the driver to clear the driver's record.
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10 | | (c) The provisions of this Section shall be limited to a |
11 | | single action
per arrest and as a post conviction measure only. |
12 | | Fines, penalty, or
costs to be
collected subsequent to orders |
13 | | of court supervision, or other available
court diversions are |
14 | | not applicable to this Section.
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15 | | (d) (1) Notwithstanding the receipt of a report from |
16 | | the clerk
as
prescribed in subsections (a) and (e), nothing |
17 | | in this Section is intended to place
any responsibility |
18 | | upon the Secretary of State to provide independent
notice |
19 | | to the driver of any potential action to disallow the |
20 | | renewal,
reissue or reinstatement of such driver's driving |
21 | | privileges.
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22 | | (2) Except as provided in subsection (b-1), the
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23 | | Secretary of State shall renew, reissue or reinstate a
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24 | | driver's driving privileges which were previously refused |
25 | | pursuant to this
Section upon presentation of an original |
26 | | receipt which is signed by the
clerk of the court and |
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1 | | contains the seal of the court indicating that the
fine, |
2 | | penalty, or cost has been paid in full. The Secretary of |
3 | | State
shall retain
such receipt for his records.
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4 | | (e) Upon receipt of notification from another state that is |
5 | | a member of the Nonresident Violator Compact of 1977 , stating a |
6 | | resident of this State failed to pay a traffic fine, penalty, |
7 | | or cost imposed for a violation that occurs in another state, |
8 | | the Secretary shall make the proper notation to the driver's |
9 | | license file to prohibit the renewal, reissue, or reinstatement |
10 | | of the resident's driving privileges until the fine, penalty, |
11 | | or cost has been paid in full. The Secretary of State shall |
12 | | renew, reissue, or reinstate the driver's driving privileges |
13 | | that were previously refused under this Section upon receipt of |
14 | | notification from the other state that indicates that the fine, |
15 | | penalty, or cost has been paid in full. The Secretary of State |
16 | | shall retain the out-of-state receipt for his or her records.
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17 | | (Source: P.A. 94-618, eff. 1-1-06; 95-382, eff. 8-23-07.)
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18 | | (625 ILCS 5/7-214) (from Ch. 95 1/2, par. 7-214)
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19 | | Sec. 7-214. Disposition of Security. Such security shall be |
20 | | applicable only to the payment of a judgment or
judgments, |
21 | | rendered against the person or persons on whose behalf the
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22 | | deposit was made, for damages arising out of the accident in |
23 | | question, in
an action at law, begun not later than two years |
24 | | after the later of
(i)
the date the driver's license and |
25 | | registration were suspended
following the accident
or (ii) the
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1 | | date of any default in any payment under an installment |
2 | | agreement for payment
of damages, and such deposit or any |
3 | | balance thereof shall be returned to the
depositor or his |
4 | | personal representative when evidence satisfactory to the
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5 | | Secretary of State has been filed with him:
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6 | | 1. that there has been a release from liability, or a final |
7 | | adjudication
of non-liability; or
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8 | | 2. a duly acknowledged written agreement in accordance with |
9 | | Section
7-208 of this Act; or
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10 | | 3. whenever after the expiration of two years after
the |
11 | | later of
(i) the date
the driver's license and registration |
12 | | were suspended
following the accident
or (ii) the date of
any |
13 | | default in any payment under an installment agreement for |
14 | | payment of
damages, the Secretary of State shall be given |
15 | | reasonable evidence that
there is no such action pending and no |
16 | | judgment rendered in such action
left unpaid.
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17 | | If, after releasing security to a judgment debtor or |
18 | | claimant, the balance of the security posted with the Secretary |
19 | | is $5 or less, the balance shall escheat to the State. The |
20 | | Secretary shall compile a list of all security amounts of $5 or |
21 | | less annually in July and file with the State Treasurer an |
22 | | order directing the transfer of these securities to the General |
23 | | Revenue Fund. |
24 | | (Source: P.A. 90-774, eff. 8-14-98.)
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25 | | (625 ILCS 5/7-303) (from Ch. 95 1/2, par. 7-303)
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1 | | Sec. 7-303.
Suspension of driver's licenses, registration
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2 | | certificates, license plates and registration stickers for |
3 | | failure to satisfy
judgment. (a) The Secretary of State shall, |
4 | | except as provided in paragraph
(d), suspend the driver's |
5 | | license issued to any
person upon receiving an authenticated |
6 | | report as hereinafter provided for
in Section 7-307 that the |
7 | | such
person has failed for a period of 30 days to satisfy any |
8 | | final
judgment in amounts as hereinafter stated, and shall also |
9 | | suspend the all
registration certificate certificates , license |
10 | | plates and registration
sticker stickers of the judgment |
11 | | debtor's motor vehicle involved in the crash as indicated |
12 | | issued to the person named as
the judgment debtor in the any |
13 | | such authenticated report.
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14 | | (b) The term "judgment" shall mean: A final judgment of any |
15 | | court of
competent jurisdiction of any State, against a person |
16 | | as defendant for
damages on account of bodily injury to or |
17 | | death of any person or damages to
property resulting from the |
18 | | operation, on and after July 12, 1938, of any
motor vehicle.
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19 | | (c) The term "State" shall mean: Any State, Territory, or |
20 | | possession of
the United States, the District of Columbia, or |
21 | | any province of the
Dominion of Canada.
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22 | | (d) The Secretary of State shall not suspend the driver's
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23 | | license, registration certificates, registration stickers or |
24 | | license
plates of the judgment debtor, nor shall such judgment |
25 | | debtor be subject
to the suspension provisions of Sections |
26 | | 7-308 and 7-309 if all the following
conditions are met:
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1 | | 1. At the time of the motor vehicle accident which gave
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2 | | rise to the unsatisfied
judgment the judgment debtor was |
3 | | covered by a motor vehicle liability
policy or bond meeting the |
4 | | requirements of this Chapter;
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5 | | 2. The insurance company which issued the policy or bond |
6 | | has failed and
has suspended operations by order of a court;
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7 | | 3. The judgment debtor had no knowledge of the insurance |
8 | | company's
failure prior to the motor vehicle accident;
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9 | | 4. Within 30 days after learning of the insurance company's |
10 | | failure the
judgment debtor secured another liability policy or |
11 | | bond meeting the
requirements of this Article relating to |
12 | | future occurrences or accidents;
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13 | | 5. The insurance company which issued the motor vehicle |
14 | | liability
policy or bond that covered the judgment debtor at |
15 | | the time of the motor
vehicle accident is unable to satisfy the |
16 | | judgment in the amounts specified
in Section 7-311;
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17 | | 6. The judgment debtor presents to the Secretary of State |
18 | | such
certified documents or other proofs as the Secretary of |
19 | | State may require
that all of the conditions set forth in this |
20 | | Section have been met.
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21 | | (Source: P.A. 85-321.)
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22 | | (625 ILCS 5/7-316.1)
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23 | | Sec. 7-316.1. Nonresidents and former residents; when |
24 | | proof not required. |
25 | | (a) Any nonresident or former Illinois resident who (i) has |
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1 | | met all requirements for reinstatement of his or her driving or |
2 | | registration privileges under this Chapter except for filing |
3 | | proof of financial responsibility, (ii) resides outside of |
4 | | Illinois, and (iii) has applied for a driver's license in |
5 | | another state, shall be released from the requirement of |
6 | | showing proof of financial responsibility in this State if he |
7 | | or she presents to the Secretary of State, in a manner |
8 | | satisfactory to the Secretary, notice of his or her |
9 | | out-of-state residency. |
10 | | (b) Any nonresident or former Illinois resident whose |
11 | | driver's license was revoked and who (i) has met all |
12 | | requirements for applying for driving privileges except for |
13 | | filing proof of financial responsibility under this Chapter, |
14 | | (ii) resides outside of Illinois, and (iii) has applied for a |
15 | | driver's license in another state, shall be released from the |
16 | | requirement of showing proof of financial responsibility in |
17 | | this State if he or she presents to the Secretary of State, in |
18 | | a manner satisfactory to the Secretary, notice of his or her |
19 | | out-of-state residency. |
20 | | (b-5) Any nonresident or former Illinois resident who has |
21 | | submitted satisfactory documentation to the Secretary of State |
22 | | to be released of showing proof of financial responsibility in |
23 | | this State shall have his or her Illinois license cancelled 60 |
24 | | days after acceptance of notice of cancellation, as provided in |
25 | | Section 6-201 of this Code. |
26 | | (c) If a nonresident or former Illinois resident released |
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1 | | from the requirement of showing proof of financial |
2 | | responsibility in this State under subsection (a) or subsection |
3 | | (b) of this Section moves or returns to this State within 3 |
4 | | years of the date of release, that person must present to the |
5 | | Secretary of State, in a manner satisfactory to the Secretary, |
6 | | proof of insurance coverage during the period in which the |
7 | | person lived outside of Illinois. A person who fails to present |
8 | | the required proof may not be issued a driver's license until |
9 | | he or she presents proof of financial responsibility that is |
10 | | satisfactory under this Chapter. The proof of financial |
11 | | responsibility required under this subsection (c) must be shown |
12 | | or maintained for the period of time required under this |
13 | | Chapter. |
14 | | (d) The Secretary shall adopt rules for implementing this |
15 | | Section.
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16 | | (Source: P.A. 94-224, eff. 1-1-06.)
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