Public Act 098-0177
 
SB1828 EnrolledLRB098 07671 MLW 37744 b

    AN ACT concerning transportation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The State Finance Act is amended by changing
Sections 5.270 and 6z-23 as follows:
 
    (30 ILCS 105/5.270)  (from Ch. 127, par. 141.270)
    Sec. 5.270. The CDLIS/AAMVAnet/NMVTIS Trust Fund
(Commercial Driver's License Information System/American
Association of Motor Vehicle Administrators network/National
Motor Vehicle Title Information Service Trust Fund).
(Source: P.A. 86-845; 86-1028.)
 
    (30 ILCS 105/6z-23)  (from Ch. 127, par. 142z-23)
    Sec. 6z-23. All monies received by the Secretary of State
pursuant to paragraph (f) of Section 2-119 or subsection (b) of
Section 3-113 of the Illinois Vehicle Code shall be deposited
in the CDLIS/AAMVAnet/NMVTIS Trust Fund. The money in this Fund
shall only be used by the Secretary of State to pay for (1) the
enrollment of commercial drivers into the Commercial Driver
License Information System (CDLIS), (2) network charges
assessed Illinois by AAMVAnet, Inc., for motor vehicle and
driver records data and information, and (3) expenses (limited
to equipment, maintenance, and software) related to the testing
of applicants for commercial driver's licenses, and (4)
expenses related to participation in the National Motor Vehicle
Title Information Service.
(Source: P.A. 91-537, eff. 8-13-99; 91-679, eff. 1-26-00.)
 
    Section 10. The Illinois Vehicle Code is amended by
changing Sections 2-119, 3-113, 5-803, and 6-118 as follows:
 
    (625 ILCS 5/2-119)  (from Ch. 95 1/2, par. 2-119)
    Sec. 2-119. Disposition of fees and taxes.
    (a) All moneys received from Salvage Certificates shall be
deposited in the Common School Fund in the State Treasury.
    (b) Beginning January 1, 1990 and concluding December 31,
1994, of the money collected for each certificate of title,
duplicate certificate of title and corrected certificate of
title, $0.50 shall be deposited into the Used Tire Management
Fund. Beginning January 1, 1990 and concluding December 31,
1994, of the money collected for each certificate of title,
duplicate certificate of title and corrected certificate of
title, $1.50 shall be deposited in the Park and Conservation
Fund.
    Beginning January 1, 1995, of the money collected for each
certificate of title, duplicate certificate of title and
corrected certificate of title, $3.25 shall be deposited in the
Park and Conservation Fund. The moneys deposited in the Park
and Conservation Fund pursuant to this Section shall be used
for the acquisition and development of bike paths as provided
for in Section 805-420 of the Department of Natural Resources
(Conservation) Law (20 ILCS 805/805-420). The monies deposited
into the Park and Conservation Fund under this subsection shall
not be subject to administrative charges or chargebacks unless
otherwise authorized by this Act.
    Beginning January 1, 2000, of the moneys collected for each
certificate of title, duplicate certificate of title, and
corrected certificate of title, $48 shall be deposited into the
Road Fund and $4 shall be deposited into the Motor Vehicle
License Plate Fund, except that if the balance in the Motor
Vehicle License Plate Fund exceeds $40,000,000 on the last day
of a calendar month, then during the next calendar month the $4
shall instead be deposited into the Road Fund.
    Beginning January 1, 2005, of the moneys collected for each
delinquent vehicle registration renewal fee, $20 shall be
deposited into the General Revenue Fund.
    Except as otherwise provided in this Code, all remaining
moneys collected for certificates of title, and all moneys
collected for filing of security interests, shall be placed in
the General Revenue Fund in the State Treasury.
    (c) All moneys collected for that portion of a driver's
license fee designated for driver education under Section 6-118
shall be placed in the Driver Education Fund in the State
Treasury.
    (d) Beginning January 1, 1999, of the monies collected as a
registration fee for each motorcycle, motor driven cycle and
moped, 27% of each annual registration fee for such vehicle and
27% of each semiannual registration fee for such vehicle is
deposited in the Cycle Rider Safety Training Fund.
    (e) Of the monies received by the Secretary of State as
registration fees or taxes or as payment of any other fee, as
provided in this Act, except fees received by the Secretary
under paragraph (7) of subsection (b) of Section 5-101 and
Section 5-109 of this Code, 37% shall be deposited into the
State Construction Fund.
    (f) Of the total money collected for a CDL instruction
permit or original or renewal issuance of a commercial driver's
license (CDL) pursuant to the Uniform Commercial Driver's
License Act (UCDLA): (i) $6 of the total fee for an original or
renewal CDL, and $6 of the total CDL instruction permit fee
when such permit is issued to any person holding a valid
Illinois driver's license, shall be paid into the
CDLIS/AAMVAnet/NMVTIS Trust Fund (Commercial Driver's License
Information System/American Association of Motor Vehicle
Administrators network/National Motor Vehicle Title
Information Service Trust Fund) and shall be used for the
purposes provided in Section 6z-23 of the State Finance Act and
(ii) $20 of the total fee for an original or renewal CDL or
commercial driver instruction permit shall be paid into the
Motor Carrier Safety Inspection Fund, which is hereby created
as a special fund in the State Treasury, to be used by the
Department of State Police, subject to appropriation, to hire
additional officers to conduct motor carrier safety
inspections pursuant to Chapter 18b of this Code.
    (g) All remaining moneys received by the Secretary of State
as registration fees or taxes or as payment of any other fee,
as provided in this Act, except fees received by the Secretary
under paragraph (7)(A) of subsection (b) of Section 5-101 and
Section 5-109 of this Code, shall be deposited in the Road Fund
in the State Treasury. Moneys in the Road Fund shall be used
for the purposes provided in Section 8.3 of the State Finance
Act.
    (h) (Blank).
    (i) (Blank).
    (j) (Blank).
    (k) There is created in the State Treasury a special fund
to be known as the Secretary of State Special License Plate
Fund. Money deposited into the Fund shall, subject to
appropriation, be used by the Office of the Secretary of State
(i) to help defray plate manufacturing and plate processing
costs for the issuance and, when applicable, renewal of any new
or existing registration plates authorized under this Code and
(ii) for grants made by the Secretary of State to benefit
Illinois Veterans Home libraries.
    On or before October 1, 1995, the Secretary of State shall
direct the State Comptroller and State Treasurer to transfer
any unexpended balance in the Special Environmental License
Plate Fund, the Special Korean War Veteran License Plate Fund,
and the Retired Congressional License Plate Fund to the
Secretary of State Special License Plate Fund.
    (l) The Motor Vehicle Review Board Fund is created as a
special fund in the State Treasury. Moneys deposited into the
Fund under paragraph (7) of subsection (b) of Section 5-101 and
Section 5-109 shall, subject to appropriation, be used by the
Office of the Secretary of State to administer the Motor
Vehicle Review Board, including without limitation payment of
compensation and all necessary expenses incurred in
administering the Motor Vehicle Review Board under the Motor
Vehicle Franchise Act.
    (m)  Effective July 1, 1996, there is created in the State
Treasury a special fund to be known as the Family
Responsibility Fund. Moneys deposited into the Fund shall,
subject to appropriation, be used by the Office of the
Secretary of State for the purpose of enforcing the Family
Financial Responsibility Law.
    (n) The Illinois Fire Fighters' Memorial Fund is created as
a special fund in the State Treasury. Moneys deposited into the
Fund shall, subject to appropriation, be used by the Office of
the State Fire Marshal for construction of the Illinois Fire
Fighters' Memorial to be located at the State Capitol grounds
in Springfield, Illinois. Upon the completion of the Memorial,
moneys in the Fund shall be used in accordance with Section
3-634.
    (o) Of the money collected for each certificate of title
for all-terrain vehicles and off-highway motorcycles, $17
shall be deposited into the Off-Highway Vehicle Trails Fund.
    (p) For audits conducted on or after July 1, 2003 pursuant
to Section 2-124(d) of this Code, 50% of the money collected as
audit fees shall be deposited into the General Revenue Fund.
(Source: P.A. 96-554, eff. 1-1-10; 97-1136, eff. 1-1-13.)
 
    (625 ILCS 5/3-113)  (from Ch. 95 1/2, par. 3-113)
    Sec. 3-113. Transfer to or from dealer; records.
    (a) After a dealer buys a vehicle and holds it for resale,
the dealer must procure the certificate of title from the owner
or the lienholder. The dealer may hold the certificate until he
or she transfers the vehicle to another person. Upon
transferring the vehicle to another person, the dealer shall
promptly and within 20 days execute the assignment and warranty
of title by a dealer, showing the names and addresses of the
transferee and of any lienholder holding a security interest
created or reserved at the time of the resale, in the spaces
provided therefor on the certificate or as the Secretary of
State prescribes, and mail or deliver the certificate to the
Secretary of State with the transferee's application for a new
certificate, except as provided in Section 3-117.2. A dealer
has complied with this Section if the date of the mailing of
the certificate, as indicated by the postmark, is within 20
days of the date on which the vehicle was transferred to
another person.
    (b) The Secretary of State may decline to process any
application for a transfer of an interest in a vehicle if any
fees or taxes due under this Code from the transferor or the
transferee have not been paid upon reasonable notice and
demand.
    (c) Any person who violates this Section shall be guilty of
a petty offense.
    (d) Beginning January 1, 2014, the Secretary of State is
authorized to impose a delinquent vehicle dealer transfer fee
of $20 if the certificate of title is received by the Secretary
from the dealer 30 days but less than 60 days after the date of
sale. If the certificate of title is received by the Secretary
from the dealer 60 days but less than 90 days after the date of
sale, the delinquent dealer transfer fee shall be $35. If the
certificate of title is received by the Secretary from the
dealer 90 days but less than 120 days after the date of sale,
the delinquent vehicle dealer transfer fee shall be $65. If the
certificate of title is received by the Secretary from the
dealer 120 days or more after the date of the sale, the
delinquent vehicle dealer transfer fee shall be $100. All
monies collected under this subsection shall be deposited into
the CDLIS/AAMVAnet/NMVTIS Trust Fund.
(Source: P.A. 94-239, eff. 1-1-06; 95-284, eff. 1-1-08.)
 
    (625 ILCS 5/5-803)
    Sec. 5-803. Administrative penalties. Instead of filing a
criminal complaint against a new or used vehicle dealer, or
against any other entity licensed by the Secretary under this
Code, a Secretary of State Police investigator may issue
administrative citations for violations of any of the
provisions of this Code Chapter or any administrative rule
adopted by the Secretary under this Code Chapter. A party
receiving a citation shall have the right to contest the
citation in proceedings before the Secretary of State
Department of Administrative Hearings. Penalties imposed by
issuance of an administrative citation shall not exceed $50 per
violation. A penalty may not be imposed unless, during the
course of a single investigation or upon review of the party's
records, the party is found to have committed at least 3
separate violations of one or more of the provisions of this
Code or any administrative rule adopted by the Secretary under
this Code. Penalties paid as a result of the issuance of
administrative citations shall be deposited in the Secretary of
State Police Services Fund.
(Source: P.A. 97-838, eff. 7-20-12.)
 
    (625 ILCS 5/6-118)
    Sec. 6-118. Fees.
    (a) The fee for licenses and permits under this Article is
as follows:
    Original driver's license.............................$30
    Original or renewal driver's license
        issued to 18, 19 and 20 year olds.................. 5
    All driver's licenses for persons
        age 69 through age 80.............................. 5
    All driver's licenses for persons
        age 81 through age 86.............................. 2
    All driver's licenses for persons
        age 87 or older.....................................0
    Renewal driver's license (except for
        applicants ages 18, 19 and 20 or
        age 69 and older)..................................30
    Original instruction permit issued to
        persons (except those age 69 and older)
        who do not hold or have not previously
        held an Illinois instruction permit or
        driver's license.................................. 20
    Instruction permit issued to any person
        holding an Illinois driver's license
        who wishes a change in classifications,
        other than at the time of renewal.................. 5
    Any instruction permit issued to a person
        age 69 and older................................... 5
    Instruction permit issued to any person,
        under age 69, not currently holding a
        valid Illinois driver's license or
        instruction permit but who has
        previously been issued either document
        in Illinois....................................... 10
    Restricted driving permit.............................. 8
    Monitoring device driving permit...................... 8
    Duplicate or corrected driver's license
        or permit.......................................... 5
    Duplicate or corrected restricted
        driving permit..................................... 5
    Duplicate or corrected monitoring
    device driving permit.................................. 5
    Duplicate driver's license or permit issued to
        an active-duty member of the
        United States Armed Forces,
        the member's spouse, or
        the dependent children living
        with the member................................... 0
    Original or renewal M or L endorsement................. 5
SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE
        The fees for commercial driver licenses and permits
    under Article V shall be as follows:
    Commercial driver's license:
        $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund
        (Commercial Driver's License Information
        System/American Association of Motor Vehicle
        Administrators network/National Motor Vehicle Title
Information Service Trust Fund);
        $20 for the Motor Carrier Safety Inspection Fund;
        $10 for the driver's license;
        and $24 for the CDL:............................. $60
    Renewal commercial driver's license:
        $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund;
        $20 for the Motor Carrier Safety Inspection Fund;
        $10 for the driver's license; and
        $24 for the CDL:................................. $60
    Commercial driver instruction permit
        issued to any person holding a valid
        Illinois driver's license for the
        purpose of changing to a
        CDL classification: $6 for the
        CDLIS/AAMVAnet/NMVTIS Trust Fund;
        $20 for the Motor Carrier
        Safety Inspection Fund; and
        $24 for the CDL classification................... $50
    Commercial driver instruction permit
        issued to any person holding a valid
        Illinois CDL for the purpose of
        making a change in a classification,
        endorsement or restriction........................ $5
    CDL duplicate or corrected license.................... $5
    In order to ensure the proper implementation of the Uniform
Commercial Driver License Act, Article V of this Chapter, the
Secretary of State is empowered to pro-rate the $24 fee for the
commercial driver's license proportionate to the expiration
date of the applicant's Illinois driver's license.
    The fee for any duplicate license or permit shall be waived
for any person who presents the Secretary of State's office
with a police report showing that his license or permit was
stolen.
    The fee for any duplicate license or permit shall be waived
for any person age 60 or older whose driver's license or permit
has been lost or stolen.
    No additional fee shall be charged for a driver's license,
or for a commercial driver's license, when issued to the holder
of an instruction permit for the same classification or type of
license who becomes eligible for such license.
    (b) Any person whose license or privilege to operate a
motor vehicle in this State has been suspended or revoked under
Section 3-707, any provision of Chapter 6, Chapter 11, or
Section 7-205, 7-303, or 7-702 of the Family Financial
Responsibility Law of this Code, shall in addition to any other
fees required by this Code, pay a reinstatement fee as follows:
    Suspension under Section 3-707..................... $100
    Summary suspension under Section 11-501.1...........$250
    Summary revocation under Section 11-501.1............$500
    Other suspension......................................$70
    Revocation...........................................$500
    However, any person whose license or privilege to operate a
motor vehicle in this State has been suspended or revoked for a
second or subsequent time for a violation of Section 11-501 or
11-501.1 of this Code or a similar provision of a local
ordinance or a similar out-of-state offense or Section 9-3 of
the Criminal Code of 1961 or the Criminal Code of 2012 and each
suspension or revocation was for a violation of Section 11-501
or 11-501.1 of this Code or a similar provision of a local
ordinance or a similar out-of-state offense or Section 9-3 of
the Criminal Code of 1961 or the Criminal Code of 2012 shall
pay, in addition to any other fees required by this Code, a
reinstatement fee as follows:
    Summary suspension under Section 11-501.1............$500
    Summary revocation under Section 11-501.1............$500
    Revocation...........................................$500
    (c) All fees collected under the provisions of this Chapter
6 shall be paid into the Road Fund in the State Treasury except
as follows:
        1. The following amounts shall be paid into the Driver
    Education Fund:
            (A) $16 of the $20 fee for an original driver's
        instruction permit;
            (B) $5 of the $30 fee for an original driver's
        license;
            (C) $5 of the $30 fee for a 4 year renewal driver's
        license;
            (D) $4 of the $8 fee for a restricted driving
        permit; and
            (E) $4 of the $8 fee for a monitoring device
        driving permit.
        2. $30 of the $250 fee for reinstatement of a license
    summarily suspended under Section 11-501.1 shall be
    deposited into the Drunk and Drugged Driving Prevention
    Fund. However, for a person whose license or privilege to
    operate a motor vehicle in this State has been suspended or
    revoked for a second or subsequent time for a violation of
    Section 11-501 or 11-501.1 of this Code or Section 9-3 of
    the Criminal Code of 1961 or the Criminal Code of 2012,
    $190 of the $500 fee for reinstatement of a license
    summarily suspended under Section 11-501.1, and $190 of the
    $500 fee for reinstatement of a revoked license shall be
    deposited into the Drunk and Drugged Driving Prevention
    Fund. $190 of the $500 fee for reinstatement of a license
    summarily revoked pursuant to Section 11-501.1 shall be
    deposited into the Drunk and Drugged Driving Prevention
    Fund.
        3. $6 of such original or renewal fee for a commercial
    driver's license and $6 of the commercial driver
    instruction permit fee when such permit is issued to any
    person holding a valid Illinois driver's license, shall be
    paid into the CDLIS/AAMVAnet/NMVTIS Trust Fund.
        4. $30 of the $70 fee for reinstatement of a license
    suspended under the Family Financial Responsibility Law
    shall be paid into the Family Responsibility Fund.
        5. The $5 fee for each original or renewal M or L
    endorsement shall be deposited into the Cycle Rider Safety
    Training Fund.
        6. $20 of any original or renewal fee for a commercial
    driver's license or commercial driver instruction permit
    shall be paid into the Motor Carrier Safety Inspection
    Fund.
        7. The following amounts shall be paid into the General
    Revenue Fund:
            (A) $190 of the $250 reinstatement fee for a
        summary suspension under Section 11-501.1;
            (B) $40 of the $70 reinstatement fee for any other
        suspension provided in subsection (b) of this Section;
        and
            (C) $440 of the $500 reinstatement fee for a first
        offense revocation and $310 of the $500 reinstatement
        fee for a second or subsequent revocation.
    (d) All of the proceeds of the additional fees imposed by
this amendatory Act of the 96th General Assembly shall be
deposited into the Capital Projects Fund.
    (e) The additional fees imposed by this amendatory Act of
the 96th General Assembly shall become effective 90 days after
becoming law.
    (f) As used in this Section, "active-duty member of the
United States Armed Forces" means a member of the Armed
Services or Reserve Forces of the United States or a member of
the Illinois National Guard who is called to active duty
pursuant to an executive order of the President of the United
States, an act of the Congress of the United States, or an
order of the Governor.
(Source: P.A. 96-34, eff. 7-13-09; 96-38, eff. 7-13-09;
96-1231, eff. 7-23-10; 96-1344, eff. 7-1-11; 97-333, eff.
8-12-11; 97-1150, eff. 1-25-13.)
 
    Section 99. Effective date. This Act takes effect January
1, 2014.