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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 be transferred to the General |
20 | | Revenue Fund. The
Secretary shall compile a list of all |
21 | | security amounts of $5 or less annually in July and shall |
22 | | certify that amount to the State Comptroller. As soon as |
23 | | possible after receiving the certification, the State |
24 | | Comptroller shall order transferred and the State Treasurer |
25 | | shall transfer the amount certified to the General Revenue |
26 | | Fund. |
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1 | | (Source: P.A. 90-774, eff. 8-14-98.)
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2 | | (625 ILCS 5/7-303) (from Ch. 95 1/2, par. 7-303)
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3 | | Sec. 7-303.
Suspension of driver's licenses, registration
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4 | | certificates, license plates and registration stickers for |
5 | | failure to satisfy
judgment. (a) The Secretary of State shall, |
6 | | except as provided in paragraph
(d), suspend the driver's |
7 | | license issued to any
person upon receiving an authenticated |
8 | | report as hereinafter provided for
in Section 7-307 that the |
9 | | such
person has failed for a period of 30 days to satisfy any |
10 | | final
judgment in amounts as hereinafter stated, and shall also |
11 | | suspend the all
registration certificate certificates , license |
12 | | plates and registration
sticker stickers of the judgment |
13 | | debtor's motor vehicle involved in the crash as indicated |
14 | | issued to the person named as
the judgment debtor in the any |
15 | | such authenticated report.
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16 | | (b) The term "judgment" shall mean: A final judgment of any |
17 | | court of
competent jurisdiction of any State, against a person |
18 | | as defendant for
damages on account of bodily injury to or |
19 | | death of any person or damages to
property resulting from the |
20 | | operation, on and after July 12, 1938, of any
motor vehicle.
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21 | | (c) The term "State" shall mean: Any State, Territory, or |
22 | | possession of
the United States, the District of Columbia, or |
23 | | any province of the
Dominion of Canada.
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24 | | (d) The Secretary of State shall not suspend the driver's
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25 | | license, registration certificates, registration stickers or |
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1 | | license
plates of the judgment debtor, nor shall such judgment |
2 | | debtor be subject
to the suspension provisions of Sections |
3 | | 7-308 and 7-309 if all the following
conditions are met:
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4 | | 1. At the time of the motor vehicle accident which gave
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5 | | rise to the unsatisfied
judgment the judgment debtor was |
6 | | covered by a motor vehicle liability
policy or bond meeting the |
7 | | requirements of this Chapter;
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8 | | 2. The insurance company which issued the policy or bond |
9 | | has failed and
has suspended operations by order of a court;
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10 | | 3. The judgment debtor had no knowledge of the insurance |
11 | | company's
failure prior to the motor vehicle accident;
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12 | | 4. Within 30 days after learning of the insurance company's |
13 | | failure the
judgment debtor secured another liability policy or |
14 | | bond meeting the
requirements of this Article relating to |
15 | | future occurrences or accidents;
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16 | | 5. The insurance company which issued the motor vehicle |
17 | | liability
policy or bond that covered the judgment debtor at |
18 | | the time of the motor
vehicle accident is unable to satisfy the |
19 | | judgment in the amounts specified
in Section 7-311;
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20 | | 6. The judgment debtor presents to the Secretary of State |
21 | | such
certified documents or other proofs as the Secretary of |
22 | | State may require
that all of the conditions set forth in this |
23 | | Section have been met.
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24 | | (Source: P.A. 85-321.)
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25 | | (625 ILCS 5/7-316.1)
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1 | | Sec. 7-316.1. Nonresidents and former residents; when |
2 | | proof not required. |
3 | | (a) Any nonresident or former Illinois resident who (i) has |
4 | | met all requirements for reinstatement of his or her driving or |
5 | | registration privileges under this Chapter except for filing |
6 | | proof of financial responsibility, (ii) resides outside of |
7 | | Illinois, and (iii) has applied for a driver's license in |
8 | | another state, shall be released from the requirement of |
9 | | showing proof of financial responsibility in this State if he |
10 | | or she presents to the Secretary of State, in a manner |
11 | | satisfactory to the Secretary, notice of his or her |
12 | | out-of-state residency. |
13 | | (b) Any nonresident or former Illinois resident whose |
14 | | driver's license was revoked and who (i) has met all |
15 | | requirements for applying for driving privileges except for |
16 | | filing proof of financial responsibility under this Chapter, |
17 | | (ii) resides outside of Illinois, and (iii) has applied for a |
18 | | driver's license in another state, shall be released from the |
19 | | requirement of showing proof of financial responsibility in |
20 | | this State if he or she presents to the Secretary of State, in |
21 | | a manner satisfactory to the Secretary, notice of his or her |
22 | | out-of-state residency. |
23 | | (b-5) Any nonresident or former Illinois resident who has |
24 | | submitted satisfactory documentation to the Secretary of State |
25 | | to be released of showing proof of financial responsibility in |
26 | | this State shall have his or her Illinois license cancelled 60 |
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1 | | days after acceptance of notice of cancellation, as provided in |
2 | | Section 6-201 of this Code. |
3 | | (c) If a nonresident or former Illinois resident released |
4 | | from the requirement of showing proof of financial |
5 | | responsibility in this State under subsection (a) or subsection |
6 | | (b) of this Section moves or returns to this State within 3 |
7 | | years of the date of release, that person must present to the |
8 | | Secretary of State, in a manner satisfactory to the Secretary, |
9 | | proof of insurance coverage during the period in which the |
10 | | person lived outside of Illinois. A person who fails to present |
11 | | the required proof may not be issued a driver's license until |
12 | | he or she presents proof of financial responsibility that is |
13 | | satisfactory under this Chapter. The proof of financial |
14 | | responsibility required under this subsection (c) must be shown |
15 | | or maintained for the period of time required under this |
16 | | Chapter. |
17 | | (d) The Secretary shall adopt rules for implementing this |
18 | | Section.
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19 | | (Source: P.A. 94-224, eff. 1-1-06.)
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