Rep. Robert Rita

Filed: 4/30/2013

 

 


 

 


 
09800SB1828ham001LRB098 07671 MLW 44662 a

1
AMENDMENT TO SENATE BILL 1828

2    AMENDMENT NO. ______. Amend Senate Bill 1828 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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1in the CDLIS/AAMVAnet/NMVTIS Trust Fund. The money in this Fund
2shall only be used by the Secretary of State to pay for (1) the
3enrollment of commercial drivers into the Commercial Driver
4License Information System (CDLIS), (2) network charges
5assessed Illinois by AAMVAnet, Inc., for motor vehicle and
6driver records data and information, and (3) expenses (limited
7to equipment, maintenance, and software) related to the testing
8of applicants for commercial driver's licenses, and (4)
9expenses related to participation in the National Motor Vehicle
10Title Information Service.
11(Source: P.A. 91-537, eff. 8-13-99; 91-679, eff. 1-26-00.)";
12and
 
13    Section 10. The Illinois Vehicle Code is amended by
14changing Sections 2-119, 3-113, 5-803, and 6-118 as follows:
 
15    (625 ILCS 5/2-119)  (from Ch. 95 1/2, par. 2-119)
16    Sec. 2-119. Disposition of fees and taxes.
17    (a) All moneys received from Salvage Certificates shall be
18deposited in the Common School Fund in the State Treasury.
19    (b) Beginning January 1, 1990 and concluding December 31,
201994, of the money collected for each certificate of title,
21duplicate certificate of title and corrected certificate of
22title, $0.50 shall be deposited into the Used Tire Management
23Fund. Beginning January 1, 1990 and concluding December 31,
241994, of the money collected for each certificate of title,

 

 

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1duplicate certificate of title and corrected certificate of
2title, $1.50 shall be deposited in the Park and Conservation
3Fund.
4    Beginning January 1, 1995, of the money collected for each
5certificate of title, duplicate certificate of title and
6corrected certificate of title, $3.25 shall be deposited in the
7Park and Conservation Fund. The moneys deposited in the Park
8and Conservation Fund pursuant to this Section shall be used
9for the acquisition and development of bike paths as provided
10for in Section 805-420 of the Department of Natural Resources
11(Conservation) Law (20 ILCS 805/805-420). The monies deposited
12into the Park and Conservation Fund under this subsection shall
13not be subject to administrative charges or chargebacks unless
14otherwise authorized by this Act.
15    Beginning January 1, 2000, of the moneys collected for each
16certificate of title, duplicate certificate of title, and
17corrected certificate of title, $48 shall be deposited into the
18Road Fund and $4 shall be deposited into the Motor Vehicle
19License Plate Fund, except that if the balance in the Motor
20Vehicle License Plate Fund exceeds $40,000,000 on the last day
21of a calendar month, then during the next calendar month the $4
22shall instead be deposited into the Road Fund.
23    Beginning January 1, 2005, of the moneys collected for each
24delinquent vehicle registration renewal fee, $20 shall be
25deposited into the General Revenue Fund.
26    Except as otherwise provided in this Code, all remaining

 

 

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1moneys collected for certificates of title, and all moneys
2collected for filing of security interests, shall be placed in
3the General Revenue Fund in the State Treasury.
4    (c) All moneys collected for that portion of a driver's
5license fee designated for driver education under Section 6-118
6shall be placed in the Driver Education Fund in the State
7Treasury.
8    (d) Beginning January 1, 1999, of the monies collected as a
9registration fee for each motorcycle, motor driven cycle and
10moped, 27% of each annual registration fee for such vehicle and
1127% of each semiannual registration fee for such vehicle is
12deposited in the Cycle Rider Safety Training Fund.
13    (e) Of the monies received by the Secretary of State as
14registration fees or taxes or as payment of any other fee, as
15provided in this Act, except fees received by the Secretary
16under paragraph (7) of subsection (b) of Section 5-101 and
17Section 5-109 of this Code, 37% shall be deposited into the
18State Construction Fund.
19    (f) Of the total money collected for a CDL instruction
20permit or original or renewal issuance of a commercial driver's
21license (CDL) pursuant to the Uniform Commercial Driver's
22License Act (UCDLA): (i) $6 of the total fee for an original or
23renewal CDL, and $6 of the total CDL instruction permit fee
24when such permit is issued to any person holding a valid
25Illinois driver's license, shall be paid into the
26CDLIS/AAMVAnet/NMVTIS Trust Fund (Commercial Driver's License

 

 

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1Information System/American Association of Motor Vehicle
2Administrators network/National Motor Vehicle Title
3Information Service Trust Fund) and shall be used for the
4purposes provided in Section 6z-23 of the State Finance Act and
5(ii) $20 of the total fee for an original or renewal CDL or
6commercial driver instruction permit shall be paid into the
7Motor Carrier Safety Inspection Fund, which is hereby created
8as a special fund in the State Treasury, to be used by the
9Department of State Police, subject to appropriation, to hire
10additional officers to conduct motor carrier safety
11inspections pursuant to Chapter 18b of this Code.
12    (g) All remaining moneys received by the Secretary of State
13as registration fees or taxes or as payment of any other fee,
14as provided in this Act, except fees received by the Secretary
15under paragraph (7)(A) of subsection (b) of Section 5-101 and
16Section 5-109 of this Code, shall be deposited in the Road Fund
17in the State Treasury. Moneys in the Road Fund shall be used
18for the purposes provided in Section 8.3 of the State Finance
19Act.
20    (h) (Blank).
21    (i) (Blank).
22    (j) (Blank).
23    (k) There is created in the State Treasury a special fund
24to be known as the Secretary of State Special License Plate
25Fund. Money deposited into the Fund shall, subject to
26appropriation, be used by the Office of the Secretary of State

 

 

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1(i) to help defray plate manufacturing and plate processing
2costs for the issuance and, when applicable, renewal of any new
3or existing registration plates authorized under this Code and
4(ii) for grants made by the Secretary of State to benefit
5Illinois Veterans Home libraries.
6    On or before October 1, 1995, the Secretary of State shall
7direct the State Comptroller and State Treasurer to transfer
8any unexpended balance in the Special Environmental License
9Plate Fund, the Special Korean War Veteran License Plate Fund,
10and the Retired Congressional License Plate Fund to the
11Secretary of State Special License Plate Fund.
12    (l) The Motor Vehicle Review Board Fund is created as a
13special fund in the State Treasury. Moneys deposited into the
14Fund under paragraph (7) of subsection (b) of Section 5-101 and
15Section 5-109 shall, subject to appropriation, be used by the
16Office of the Secretary of State to administer the Motor
17Vehicle Review Board, including without limitation payment of
18compensation and all necessary expenses incurred in
19administering the Motor Vehicle Review Board under the Motor
20Vehicle Franchise Act.
21    (m)  Effective July 1, 1996, there is created in the State
22Treasury a special fund to be known as the Family
23Responsibility Fund. Moneys deposited into the Fund shall,
24subject to appropriation, be used by the Office of the
25Secretary of State for the purpose of enforcing the Family
26Financial Responsibility Law.

 

 

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1    (n) The Illinois Fire Fighters' Memorial Fund is created as
2a special fund in the State Treasury. Moneys deposited into the
3Fund shall, subject to appropriation, be used by the Office of
4the State Fire Marshal for construction of the Illinois Fire
5Fighters' Memorial to be located at the State Capitol grounds
6in Springfield, Illinois. Upon the completion of the Memorial,
7moneys in the Fund shall be used in accordance with Section
83-634.
9    (o) Of the money collected for each certificate of title
10for all-terrain vehicles and off-highway motorcycles, $17
11shall be deposited into the Off-Highway Vehicle Trails Fund.
12    (p) For audits conducted on or after July 1, 2003 pursuant
13to Section 2-124(d) of this Code, 50% of the money collected as
14audit fees shall be deposited into the General Revenue Fund.
15(Source: P.A. 96-554, eff. 1-1-10; 97-1136, eff. 1-1-13.)
 
16    (625 ILCS 5/3-113)  (from Ch. 95 1/2, par. 3-113)
17    Sec. 3-113. Transfer to or from dealer; records.
18    (a) After a dealer buys a vehicle and holds it for resale,
19the dealer must procure the certificate of title from the owner
20or the lienholder. The dealer may hold the certificate until he
21or she transfers the vehicle to another person. Upon
22transferring the vehicle to another person, the dealer shall
23promptly and within 20 days execute the assignment and warranty
24of title by a dealer, showing the names and addresses of the
25transferee and of any lienholder holding a security interest

 

 

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1created or reserved at the time of the resale, in the spaces
2provided therefor on the certificate or as the Secretary of
3State prescribes, and mail or deliver the certificate to the
4Secretary of State with the transferee's application for a new
5certificate, except as provided in Section 3-117.2. A dealer
6has complied with this Section if the date of the mailing of
7the certificate, as indicated by the postmark, is within 20
8days of the date on which the vehicle was transferred to
9another person.
10    (b) The Secretary of State may decline to process any
11application for a transfer of an interest in a vehicle if any
12fees or taxes due under this Code from the transferor or the
13transferee have not been paid upon reasonable notice and
14demand.
15    (c) Any person who violates this Section shall be guilty of
16a petty offense.
17    (d) Beginning January 1, 2014, the Secretary of State is
18authorized to impose a delinquent vehicle dealer transfer fee
19of $20 if the certificate of title is received by the Secretary
20from the dealer 30 days but less than 60 days after the date of
21sale. If the certificate of title is received by the Secretary
22from the dealer 60 days but less than 90 days after the date of
23sale, the delinquent dealer transfer fee shall be $35. If the
24certificate of title is received by the Secretary from the
25dealer 90 days but less than 120 days after the date of sale,
26the delinquent vehicle dealer transfer fee shall be $65. If the

 

 

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1certificate of title is received by the Secretary from the
2dealer 120 days or more after the date of the sale, the
3delinquent vehicle dealer transfer fee shall be $100. All
4monies collected under this subsection shall be deposited into
5the CDLIS/AAMVAnet/NMVTIS Trust Fund.
6(Source: P.A. 94-239, eff. 1-1-06; 95-284, eff. 1-1-08.)
 
7    (625 ILCS 5/5-803)
8    Sec. 5-803. Administrative penalties. Instead of filing a
9criminal complaint against a new or used vehicle dealer, or
10against any other entity licensed by the Secretary under this
11Code, a Secretary of State Police investigator may issue
12administrative citations for violations of any of the
13provisions of this Code Chapter or any administrative rule
14adopted by the Secretary under this Code Chapter. A party
15receiving a citation shall have the right to contest the
16citation in proceedings before the Secretary of State
17Department of Administrative Hearings. Penalties imposed by
18issuance of an administrative citation shall not exceed $50 per
19violation. A penalty may not be imposed unless, during the
20course of a single investigation or upon review of the party's
21records, the party is found to have committed at least 3
22separate violations of one or more of the provisions of this
23Code or any administrative rule adopted by the Secretary under
24this Code. Penalties paid as a result of the issuance of
25administrative citations shall be deposited in the Secretary of

 

 

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1State Police Services Fund.
2(Source: P.A. 97-838, eff. 7-20-12.)
 
3    (625 ILCS 5/6-118)
4    Sec. 6-118. Fees.
5    (a) The fee for licenses and permits under this Article is
6as follows:
7    Original driver's license.............................$30
8    Original or renewal driver's license
9        issued to 18, 19 and 20 year olds.................. 5
10    All driver's licenses for persons
11        age 69 through age 80.............................. 5
12    All driver's licenses for persons
13        age 81 through age 86.............................. 2
14    All driver's licenses for persons
15        age 87 or older.....................................0
16    Renewal driver's license (except for
17        applicants ages 18, 19 and 20 or
18        age 69 and older)..................................30
19    Original instruction permit issued to
20        persons (except those age 69 and older)
21        who do not hold or have not previously
22        held an Illinois instruction permit or
23        driver's license.................................. 20
24    Instruction permit issued to any person
25        holding an Illinois driver's license

 

 

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1        who wishes a change in classifications,
2        other than at the time of renewal.................. 5
3    Any instruction permit issued to a person
4        age 69 and older................................... 5
5    Instruction permit issued to any person,
6        under age 69, not currently holding a
7        valid Illinois driver's license or
8        instruction permit but who has
9        previously been issued either document
10        in Illinois....................................... 10
11    Restricted driving permit.............................. 8
12    Monitoring device driving permit...................... 8
13    Duplicate or corrected driver's license
14        or permit.......................................... 5
15    Duplicate or corrected restricted
16        driving permit..................................... 5
17    Duplicate or corrected monitoring
18    device driving permit.................................. 5
19    Duplicate driver's license or permit issued to
20        an active-duty member of the
21        United States Armed Forces,
22        the member's spouse, or
23        the dependent children living
24        with the member................................... 0
25    Original or renewal M or L endorsement................. 5
26SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE

 

 

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1        The fees for commercial driver licenses and permits
2    under Article V shall be as follows:
3    Commercial driver's license:
4        $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund
5        (Commercial Driver's License Information
6        System/American Association of Motor Vehicle
7        Administrators network/National Motor Vehicle Title
8Information Service Trust Fund);
9        $20 for the Motor Carrier Safety Inspection Fund;
10        $10 for the driver's license;
11        and $24 for the CDL:............................. $60
12    Renewal commercial driver's license:
13        $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund;
14        $20 for the Motor Carrier Safety Inspection Fund;
15        $10 for the driver's license; and
16        $24 for the CDL:................................. $60
17    Commercial driver instruction permit
18        issued to any person holding a valid
19        Illinois driver's license for the
20        purpose of changing to a
21        CDL classification: $6 for the
22        CDLIS/AAMVAnet/NMVTIS Trust Fund;
23        $20 for the Motor Carrier
24        Safety Inspection Fund; and
25        $24 for the CDL classification................... $50
26    Commercial driver instruction permit

 

 

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1        issued to any person holding a valid
2        Illinois CDL for the purpose of
3        making a change in a classification,
4        endorsement or restriction........................ $5
5    CDL duplicate or corrected license.................... $5
6    In order to ensure the proper implementation of the Uniform
7Commercial Driver License Act, Article V of this Chapter, the
8Secretary of State is empowered to pro-rate the $24 fee for the
9commercial driver's license proportionate to the expiration
10date of the applicant's Illinois driver's license.
11    The fee for any duplicate license or permit shall be waived
12for any person who presents the Secretary of State's office
13with a police report showing that his license or permit was
14stolen.
15    The fee for any duplicate license or permit shall be waived
16for any person age 60 or older whose driver's license or permit
17has been lost or stolen.
18    No additional fee shall be charged for a driver's license,
19or for a commercial driver's license, when issued to the holder
20of an instruction permit for the same classification or type of
21license who becomes eligible for such license.
22    (b) Any person whose license or privilege to operate a
23motor vehicle in this State has been suspended or revoked under
24Section 3-707, any provision of Chapter 6, Chapter 11, or
25Section 7-205, 7-303, or 7-702 of the Family Financial
26Responsibility Law of this Code, shall in addition to any other

 

 

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1fees required by this Code, pay a reinstatement fee as follows:
2    Suspension under Section 3-707..................... $100
3    Summary suspension under Section 11-501.1...........$250
4    Summary revocation under Section 11-501.1............$500
5    Other suspension......................................$70
6    Revocation...........................................$500
7    However, any person whose license or privilege to operate a
8motor vehicle in this State has been suspended or revoked for a
9second or subsequent time for a violation of Section 11-501 or
1011-501.1 of this Code or a similar provision of a local
11ordinance or a similar out-of-state offense or Section 9-3 of
12the Criminal Code of 1961 or the Criminal Code of 2012 and each
13suspension or revocation was for a violation of Section 11-501
14or 11-501.1 of this Code or a similar provision of a local
15ordinance or a similar out-of-state offense or Section 9-3 of
16the Criminal Code of 1961 or the Criminal Code of 2012 shall
17pay, in addition to any other fees required by this Code, a
18reinstatement fee as follows:
19    Summary suspension under Section 11-501.1............$500
20    Summary revocation under Section 11-501.1............$500
21    Revocation...........................................$500
22    (c) All fees collected under the provisions of this Chapter
236 shall be paid into the Road Fund in the State Treasury except
24as follows:
25        1. The following amounts shall be paid into the Driver
26    Education Fund:

 

 

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1            (A) $16 of the $20 fee for an original driver's
2        instruction permit;
3            (B) $5 of the $30 fee for an original driver's
4        license;
5            (C) $5 of the $30 fee for a 4 year renewal driver's
6        license;
7            (D) $4 of the $8 fee for a restricted driving
8        permit; and
9            (E) $4 of the $8 fee for a monitoring device
10        driving permit.
11        2. $30 of the $250 fee for reinstatement of a license
12    summarily suspended under Section 11-501.1 shall be
13    deposited into the Drunk and Drugged Driving Prevention
14    Fund. However, for a person whose license or privilege to
15    operate a motor vehicle in this State has been suspended or
16    revoked for a second or subsequent time for a violation of
17    Section 11-501 or 11-501.1 of this Code or Section 9-3 of
18    the Criminal Code of 1961 or the Criminal Code of 2012,
19    $190 of the $500 fee for reinstatement of a license
20    summarily suspended under Section 11-501.1, and $190 of the
21    $500 fee for reinstatement of a revoked license shall be
22    deposited into the Drunk and Drugged Driving Prevention
23    Fund. $190 of the $500 fee for reinstatement of a license
24    summarily revoked pursuant to Section 11-501.1 shall be
25    deposited into the Drunk and Drugged Driving Prevention
26    Fund.

 

 

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1        3. $6 of such original or renewal fee for a commercial
2    driver's license and $6 of the commercial driver
3    instruction permit fee when such permit is issued to any
4    person holding a valid Illinois driver's license, shall be
5    paid into the CDLIS/AAMVAnet/NMVTIS Trust Fund.
6        4. $30 of the $70 fee for reinstatement of a license
7    suspended under the Family Financial Responsibility Law
8    shall be paid into the Family Responsibility Fund.
9        5. The $5 fee for each original or renewal M or L
10    endorsement shall be deposited into the Cycle Rider Safety
11    Training Fund.
12        6. $20 of any original or renewal fee for a commercial
13    driver's license or commercial driver instruction permit
14    shall be paid into the Motor Carrier Safety Inspection
15    Fund.
16        7. The following amounts shall be paid into the General
17    Revenue Fund:
18            (A) $190 of the $250 reinstatement fee for a
19        summary suspension under Section 11-501.1;
20            (B) $40 of the $70 reinstatement fee for any other
21        suspension provided in subsection (b) of this Section;
22        and
23            (C) $440 of the $500 reinstatement fee for a first
24        offense revocation and $310 of the $500 reinstatement
25        fee for a second or subsequent revocation.
26    (d) All of the proceeds of the additional fees imposed by

 

 

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1this amendatory Act of the 96th General Assembly shall be
2deposited into the Capital Projects Fund.
3    (e) The additional fees imposed by this amendatory Act of
4the 96th General Assembly shall become effective 90 days after
5becoming law.
6    (f) As used in this Section, "active-duty member of the
7United States Armed Forces" means a member of the Armed
8Services or Reserve Forces of the United States or a member of
9the Illinois National Guard who is called to active duty
10pursuant to an executive order of the President of the United
11States, an act of the Congress of the United States, or an
12order of the Governor.
13(Source: P.A. 96-34, eff. 7-13-09; 96-38, eff. 7-13-09;
1496-1231, eff. 7-23-10; 96-1344, eff. 7-1-11; 97-333, eff.
158-12-11; 97-1150, eff. 1-25-13.)
 
16    Section 99. Effective date. This Act takes effect January
171, 2014.".