SB1828 EnrolledLRB098 07671 MLW 37744 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Finance Act is amended by changing
5Sections 5.270 and 6z-23 as follows:
 
6    (30 ILCS 105/5.270)  (from Ch. 127, par. 141.270)
7    Sec. 5.270. The CDLIS/AAMVAnet/NMVTIS Trust Fund
8(Commercial Driver's License Information System/American
9Association of Motor Vehicle Administrators network/National
10Motor Vehicle Title Information Service Trust Fund).
11(Source: P.A. 86-845; 86-1028.)
 
12    (30 ILCS 105/6z-23)  (from Ch. 127, par. 142z-23)
13    Sec. 6z-23. All monies received by the Secretary of State
14pursuant to paragraph (f) of Section 2-119 or subsection (b) of
15Section 3-113 of the Illinois Vehicle Code shall be deposited
16in the CDLIS/AAMVAnet/NMVTIS Trust Fund. The money in this Fund
17shall only be used by the Secretary of State to pay for (1) the
18enrollment of commercial drivers into the Commercial Driver
19License Information System (CDLIS), (2) network charges
20assessed Illinois by AAMVAnet, Inc., for motor vehicle and
21driver records data and information, and (3) expenses (limited
22to equipment, maintenance, and software) related to the testing

 

 

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1of applicants for commercial driver's licenses, and (4)
2expenses related to participation in the National Motor Vehicle
3Title Information Service.
4(Source: P.A. 91-537, eff. 8-13-99; 91-679, eff. 1-26-00.)
 
5    Section 10. The Illinois Vehicle Code is amended by
6changing Sections 2-119, 3-113, 5-803, and 6-118 as follows:
 
7    (625 ILCS 5/2-119)  (from Ch. 95 1/2, par. 2-119)
8    Sec. 2-119. Disposition of fees and taxes.
9    (a) All moneys received from Salvage Certificates shall be
10deposited in the Common School Fund in the State Treasury.
11    (b) Beginning January 1, 1990 and concluding December 31,
121994, of the money collected for each certificate of title,
13duplicate certificate of title and corrected certificate of
14title, $0.50 shall be deposited into the Used Tire Management
15Fund. Beginning January 1, 1990 and concluding December 31,
161994, of the money collected for each certificate of title,
17duplicate certificate of title and corrected certificate of
18title, $1.50 shall be deposited in the Park and Conservation
19Fund.
20    Beginning January 1, 1995, of the money collected for each
21certificate of title, duplicate certificate of title and
22corrected certificate of title, $3.25 shall be deposited in the
23Park and Conservation Fund. The moneys deposited in the Park
24and Conservation Fund pursuant to this Section shall be used

 

 

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1for the acquisition and development of bike paths as provided
2for in Section 805-420 of the Department of Natural Resources
3(Conservation) Law (20 ILCS 805/805-420). The monies deposited
4into the Park and Conservation Fund under this subsection shall
5not be subject to administrative charges or chargebacks unless
6otherwise authorized by this Act.
7    Beginning January 1, 2000, of the moneys collected for each
8certificate of title, duplicate certificate of title, and
9corrected certificate of title, $48 shall be deposited into the
10Road Fund and $4 shall be deposited into the Motor Vehicle
11License Plate Fund, except that if the balance in the Motor
12Vehicle License Plate Fund exceeds $40,000,000 on the last day
13of a calendar month, then during the next calendar month the $4
14shall instead be deposited into the Road Fund.
15    Beginning January 1, 2005, of the moneys collected for each
16delinquent vehicle registration renewal fee, $20 shall be
17deposited into the General Revenue Fund.
18    Except as otherwise provided in this Code, all remaining
19moneys collected for certificates of title, and all moneys
20collected for filing of security interests, shall be placed in
21the General Revenue Fund in the State Treasury.
22    (c) All moneys collected for that portion of a driver's
23license fee designated for driver education under Section 6-118
24shall be placed in the Driver Education Fund in the State
25Treasury.
26    (d) Beginning January 1, 1999, of the monies collected as a

 

 

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1registration fee for each motorcycle, motor driven cycle and
2moped, 27% of each annual registration fee for such vehicle and
327% of each semiannual registration fee for such vehicle is
4deposited in the Cycle Rider Safety Training Fund.
5    (e) Of the monies received by the Secretary of State as
6registration fees or taxes or as payment of any other fee, as
7provided in this Act, except fees received by the Secretary
8under paragraph (7) of subsection (b) of Section 5-101 and
9Section 5-109 of this Code, 37% shall be deposited into the
10State Construction Fund.
11    (f) Of the total money collected for a CDL instruction
12permit or original or renewal issuance of a commercial driver's
13license (CDL) pursuant to the Uniform Commercial Driver's
14License Act (UCDLA): (i) $6 of the total fee for an original or
15renewal CDL, and $6 of the total CDL instruction permit fee
16when such permit is issued to any person holding a valid
17Illinois driver's license, shall be paid into the
18CDLIS/AAMVAnet/NMVTIS Trust Fund (Commercial Driver's License
19Information System/American Association of Motor Vehicle
20Administrators network/National Motor Vehicle Title
21Information Service Trust Fund) and shall be used for the
22purposes provided in Section 6z-23 of the State Finance Act and
23(ii) $20 of the total fee for an original or renewal CDL or
24commercial driver instruction permit shall be paid into the
25Motor Carrier Safety Inspection Fund, which is hereby created
26as a special fund in the State Treasury, to be used by the

 

 

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1Department of State Police, subject to appropriation, to hire
2additional officers to conduct motor carrier safety
3inspections pursuant to Chapter 18b of this Code.
4    (g) All remaining moneys received by the Secretary of State
5as registration fees or taxes or as payment of any other fee,
6as provided in this Act, except fees received by the Secretary
7under paragraph (7)(A) of subsection (b) of Section 5-101 and
8Section 5-109 of this Code, shall be deposited in the Road Fund
9in the State Treasury. Moneys in the Road Fund shall be used
10for the purposes provided in Section 8.3 of the State Finance
11Act.
12    (h) (Blank).
13    (i) (Blank).
14    (j) (Blank).
15    (k) There is created in the State Treasury a special fund
16to be known as the Secretary of State Special License Plate
17Fund. Money deposited into the Fund shall, subject to
18appropriation, be used by the Office of the Secretary of State
19(i) to help defray plate manufacturing and plate processing
20costs for the issuance and, when applicable, renewal of any new
21or existing registration plates authorized under this Code and
22(ii) for grants made by the Secretary of State to benefit
23Illinois Veterans Home libraries.
24    On or before October 1, 1995, the Secretary of State shall
25direct the State Comptroller and State Treasurer to transfer
26any unexpended balance in the Special Environmental License

 

 

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1Plate Fund, the Special Korean War Veteran License Plate Fund,
2and the Retired Congressional License Plate Fund to the
3Secretary of State Special License Plate Fund.
4    (l) The Motor Vehicle Review Board Fund is created as a
5special fund in the State Treasury. Moneys deposited into the
6Fund under paragraph (7) of subsection (b) of Section 5-101 and
7Section 5-109 shall, subject to appropriation, be used by the
8Office of the Secretary of State to administer the Motor
9Vehicle Review Board, including without limitation payment of
10compensation and all necessary expenses incurred in
11administering the Motor Vehicle Review Board under the Motor
12Vehicle Franchise Act.
13    (m)  Effective July 1, 1996, there is created in the State
14Treasury a special fund to be known as the Family
15Responsibility Fund. Moneys deposited into the Fund shall,
16subject to appropriation, be used by the Office of the
17Secretary of State for the purpose of enforcing the Family
18Financial Responsibility Law.
19    (n) The Illinois Fire Fighters' Memorial Fund is created as
20a special fund in the State Treasury. Moneys deposited into the
21Fund shall, subject to appropriation, be used by the Office of
22the State Fire Marshal for construction of the Illinois Fire
23Fighters' Memorial to be located at the State Capitol grounds
24in Springfield, Illinois. Upon the completion of the Memorial,
25moneys in the Fund shall be used in accordance with Section
263-634.

 

 

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1    (o) Of the money collected for each certificate of title
2for all-terrain vehicles and off-highway motorcycles, $17
3shall be deposited into the Off-Highway Vehicle Trails Fund.
4    (p) For audits conducted on or after July 1, 2003 pursuant
5to Section 2-124(d) of this Code, 50% of the money collected as
6audit fees shall be deposited into the General Revenue Fund.
7(Source: P.A. 96-554, eff. 1-1-10; 97-1136, eff. 1-1-13.)
 
8    (625 ILCS 5/3-113)  (from Ch. 95 1/2, par. 3-113)
9    Sec. 3-113. Transfer to or from dealer; records.
10    (a) After a dealer buys a vehicle and holds it for resale,
11the dealer must procure the certificate of title from the owner
12or the lienholder. The dealer may hold the certificate until he
13or she transfers the vehicle to another person. Upon
14transferring the vehicle to another person, the dealer shall
15promptly and within 20 days execute the assignment and warranty
16of title by a dealer, showing the names and addresses of the
17transferee and of any lienholder holding a security interest
18created or reserved at the time of the resale, in the spaces
19provided therefor on the certificate or as the Secretary of
20State prescribes, and mail or deliver the certificate to the
21Secretary of State with the transferee's application for a new
22certificate, except as provided in Section 3-117.2. A dealer
23has complied with this Section if the date of the mailing of
24the certificate, as indicated by the postmark, is within 20
25days of the date on which the vehicle was transferred to

 

 

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1another person.
2    (b) The Secretary of State may decline to process any
3application for a transfer of an interest in a vehicle if any
4fees or taxes due under this Code from the transferor or the
5transferee have not been paid upon reasonable notice and
6demand.
7    (c) Any person who violates this Section shall be guilty of
8a petty offense.
9    (d) Beginning January 1, 2014, the Secretary of State is
10authorized to impose a delinquent vehicle dealer transfer fee
11of $20 if the certificate of title is received by the Secretary
12from the dealer 30 days but less than 60 days after the date of
13sale. If the certificate of title is received by the Secretary
14from the dealer 60 days but less than 90 days after the date of
15sale, the delinquent dealer transfer fee shall be $35. If the
16certificate of title is received by the Secretary from the
17dealer 90 days but less than 120 days after the date of sale,
18the delinquent vehicle dealer transfer fee shall be $65. If the
19certificate of title is received by the Secretary from the
20dealer 120 days or more after the date of the sale, the
21delinquent vehicle dealer transfer fee shall be $100. All
22monies collected under this subsection shall be deposited into
23the CDLIS/AAMVAnet/NMVTIS Trust Fund.
24(Source: P.A. 94-239, eff. 1-1-06; 95-284, eff. 1-1-08.)
 
25    (625 ILCS 5/5-803)

 

 

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1    Sec. 5-803. Administrative penalties. Instead of filing a
2criminal complaint against a new or used vehicle dealer, or
3against any other entity licensed by the Secretary under this
4Code, a Secretary of State Police investigator may issue
5administrative citations for violations of any of the
6provisions of this Code Chapter or any administrative rule
7adopted by the Secretary under this Code Chapter. A party
8receiving a citation shall have the right to contest the
9citation in proceedings before the Secretary of State
10Department of Administrative Hearings. Penalties imposed by
11issuance of an administrative citation shall not exceed $50 per
12violation. A penalty may not be imposed unless, during the
13course of a single investigation or upon review of the party's
14records, the party is found to have committed at least 3
15separate violations of one or more of the provisions of this
16Code or any administrative rule adopted by the Secretary under
17this Code. Penalties paid as a result of the issuance of
18administrative citations shall be deposited in the Secretary of
19State Police Services Fund.
20(Source: P.A. 97-838, eff. 7-20-12.)
 
21    (625 ILCS 5/6-118)
22    Sec. 6-118. Fees.
23    (a) The fee for licenses and permits under this Article is
24as follows:
25    Original driver's license.............................$30

 

 

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1    Original or renewal driver's license
2        issued to 18, 19 and 20 year olds.................. 5
3    All driver's licenses for persons
4        age 69 through age 80.............................. 5
5    All driver's licenses for persons
6        age 81 through age 86.............................. 2
7    All driver's licenses for persons
8        age 87 or older.....................................0
9    Renewal driver's license (except for
10        applicants ages 18, 19 and 20 or
11        age 69 and older)..................................30
12    Original instruction permit issued to
13        persons (except those age 69 and older)
14        who do not hold or have not previously
15        held an Illinois instruction permit or
16        driver's license.................................. 20
17    Instruction permit issued to any person
18        holding an Illinois driver's license
19        who wishes a change in classifications,
20        other than at the time of renewal.................. 5
21    Any instruction permit issued to a person
22        age 69 and older................................... 5
23    Instruction permit issued to any person,
24        under age 69, not currently holding a
25        valid Illinois driver's license or
26        instruction permit but who has

 

 

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1        previously been issued either document
2        in Illinois....................................... 10
3    Restricted driving permit.............................. 8
4    Monitoring device driving permit...................... 8
5    Duplicate or corrected driver's license
6        or permit.......................................... 5
7    Duplicate or corrected restricted
8        driving permit..................................... 5
9    Duplicate or corrected monitoring
10    device driving permit.................................. 5
11    Duplicate driver's license or permit issued to
12        an active-duty member of the
13        United States Armed Forces,
14        the member's spouse, or
15        the dependent children living
16        with the member................................... 0
17    Original or renewal M or L endorsement................. 5
18SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE
19        The fees for commercial driver licenses and permits
20    under Article V shall be as follows:
21    Commercial driver's license:
22        $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund
23        (Commercial Driver's License Information
24        System/American Association of Motor Vehicle
25        Administrators network/National Motor Vehicle Title
26Information Service Trust Fund);

 

 

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1        $20 for the Motor Carrier Safety Inspection Fund;
2        $10 for the driver's license;
3        and $24 for the CDL:............................. $60
4    Renewal commercial driver's license:
5        $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund;
6        $20 for the Motor Carrier Safety Inspection Fund;
7        $10 for the driver's license; and
8        $24 for the CDL:................................. $60
9    Commercial driver instruction permit
10        issued to any person holding a valid
11        Illinois driver's license for the
12        purpose of changing to a
13        CDL classification: $6 for the
14        CDLIS/AAMVAnet/NMVTIS Trust Fund;
15        $20 for the Motor Carrier
16        Safety Inspection Fund; and
17        $24 for the CDL classification................... $50
18    Commercial driver instruction permit
19        issued to any person holding a valid
20        Illinois CDL for the purpose of
21        making a change in a classification,
22        endorsement or restriction........................ $5
23    CDL duplicate or corrected license.................... $5
24    In order to ensure the proper implementation of the Uniform
25Commercial Driver License Act, Article V of this Chapter, the
26Secretary of State is empowered to pro-rate the $24 fee for the

 

 

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1commercial driver's license proportionate to the expiration
2date of the applicant's Illinois driver's license.
3    The fee for any duplicate license or permit shall be waived
4for any person who presents the Secretary of State's office
5with a police report showing that his license or permit was
6stolen.
7    The fee for any duplicate license or permit shall be waived
8for any person age 60 or older whose driver's license or permit
9has been lost or stolen.
10    No additional fee shall be charged for a driver's license,
11or for a commercial driver's license, when issued to the holder
12of an instruction permit for the same classification or type of
13license who becomes eligible for such license.
14    (b) Any person whose license or privilege to operate a
15motor vehicle in this State has been suspended or revoked under
16Section 3-707, any provision of Chapter 6, Chapter 11, or
17Section 7-205, 7-303, or 7-702 of the Family Financial
18Responsibility Law of this Code, shall in addition to any other
19fees required by this Code, pay a reinstatement fee as follows:
20    Suspension under Section 3-707..................... $100
21    Summary suspension under Section 11-501.1...........$250
22    Summary revocation under Section 11-501.1............$500
23    Other suspension......................................$70
24    Revocation...........................................$500
25    However, any person whose license or privilege to operate a
26motor vehicle in this State has been suspended or revoked for a

 

 

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1second or subsequent time for a violation of Section 11-501 or
211-501.1 of this Code or a similar provision of a local
3ordinance or a similar out-of-state offense or Section 9-3 of
4the Criminal Code of 1961 or the Criminal Code of 2012 and each
5suspension or revocation was for a violation of Section 11-501
6or 11-501.1 of this Code or a similar provision of a local
7ordinance or a similar out-of-state offense or Section 9-3 of
8the Criminal Code of 1961 or the Criminal Code of 2012 shall
9pay, in addition to any other fees required by this Code, a
10reinstatement fee as follows:
11    Summary suspension under Section 11-501.1............$500
12    Summary revocation under Section 11-501.1............$500
13    Revocation...........................................$500
14    (c) All fees collected under the provisions of this Chapter
156 shall be paid into the Road Fund in the State Treasury except
16as follows:
17        1. The following amounts shall be paid into the Driver
18    Education Fund:
19            (A) $16 of the $20 fee for an original driver's
20        instruction permit;
21            (B) $5 of the $30 fee for an original driver's
22        license;
23            (C) $5 of the $30 fee for a 4 year renewal driver's
24        license;
25            (D) $4 of the $8 fee for a restricted driving
26        permit; and

 

 

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1            (E) $4 of the $8 fee for a monitoring device
2        driving permit.
3        2. $30 of the $250 fee for reinstatement of a license
4    summarily suspended under Section 11-501.1 shall be
5    deposited into the Drunk and Drugged Driving Prevention
6    Fund. However, for a person whose license or privilege to
7    operate a motor vehicle in this State has been suspended or
8    revoked for a second or subsequent time for a violation of
9    Section 11-501 or 11-501.1 of this Code or Section 9-3 of
10    the Criminal Code of 1961 or the Criminal Code of 2012,
11    $190 of the $500 fee for reinstatement of a license
12    summarily suspended under Section 11-501.1, and $190 of the
13    $500 fee for reinstatement of a revoked license shall be
14    deposited into the Drunk and Drugged Driving Prevention
15    Fund. $190 of the $500 fee for reinstatement of a license
16    summarily revoked pursuant to Section 11-501.1 shall be
17    deposited into the Drunk and Drugged Driving Prevention
18    Fund.
19        3. $6 of such original or renewal fee for a commercial
20    driver's license and $6 of the commercial driver
21    instruction permit fee when such permit is issued to any
22    person holding a valid Illinois driver's license, shall be
23    paid into the CDLIS/AAMVAnet/NMVTIS Trust Fund.
24        4. $30 of the $70 fee for reinstatement of a license
25    suspended under the Family Financial Responsibility Law
26    shall be paid into the Family Responsibility Fund.

 

 

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1        5. The $5 fee for each original or renewal M or L
2    endorsement shall be deposited into the Cycle Rider Safety
3    Training Fund.
4        6. $20 of any original or renewal fee for a commercial
5    driver's license or commercial driver instruction permit
6    shall be paid into the Motor Carrier Safety Inspection
7    Fund.
8        7. The following amounts shall be paid into the General
9    Revenue Fund:
10            (A) $190 of the $250 reinstatement fee for a
11        summary suspension under Section 11-501.1;
12            (B) $40 of the $70 reinstatement fee for any other
13        suspension provided in subsection (b) of this Section;
14        and
15            (C) $440 of the $500 reinstatement fee for a first
16        offense revocation and $310 of the $500 reinstatement
17        fee for a second or subsequent revocation.
18    (d) All of the proceeds of the additional fees imposed by
19this amendatory Act of the 96th General Assembly shall be
20deposited into the Capital Projects Fund.
21    (e) The additional fees imposed by this amendatory Act of
22the 96th General Assembly shall become effective 90 days after
23becoming law.
24    (f) As used in this Section, "active-duty member of the
25United States Armed Forces" means a member of the Armed
26Services or Reserve Forces of the United States or a member of

 

 

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1the Illinois National Guard who is called to active duty
2pursuant to an executive order of the President of the United
3States, an act of the Congress of the United States, or an
4order of the Governor.
5(Source: P.A. 96-34, eff. 7-13-09; 96-38, eff. 7-13-09;
696-1231, eff. 7-23-10; 96-1344, eff. 7-1-11; 97-333, eff.
78-12-11; 97-1150, eff. 1-25-13.)
 
8    Section 99. Effective date. This Act takes effect January
91, 2014.