SB2296 97TH GENERAL ASSEMBLY

LRB097 10389 HEP 50607 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB2296

Introduced 2/10/2011, by Sen. Kyle McCarter

SYNOPSIS AS INTRODUCED:

625 ILCS 5/2-119	from Ch. 95 1/2, par. 2-119
625 ILCS 5/3-696 new

Amends the Illinois Vehicle Code. Authorizes the issuance of special NASCAR license plates. Authorizes the State to enter into agreements for licenses or other permissions to implement the new provisions and provides that the Secretary of State may use moneys in the Secretary of State Special License Plate Fund to pay royalties for the display of logos, graphics, or other materials on the plates. Provides that in addition to the appropriate registration fee, an applicant for the special plate shall be charged a $40 fee for original issuance of the special plate. Provides that of this fee, $20 shall be deposited into the Community Developmental Disability Services Medicaid Trust Fund and $20 shall be deposited into the Secretary of State Special License Plate Fund. Provides that for each registration renewal period, a $20 fee, in addition to the appropriate registration fee, shall be charged and that of this fee, $10 shall be deposited into the Community Developmental Disability Services Medicaid Trust Fund and $10 shall be deposited into the Secretary of State Special License Plate Fund.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning transportation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Vehicle Code is amended by changing Section 2-119 and adding Section 3-696 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, $2 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).

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 Trust Fund (Commercial Driver's License Information System/American Association of Motor Vehicle Administrators network 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. A portion of the moneys received as fees under Section 3-696 may be used, subject to appropriation, to pay royalties in accordance with Section 3-696.

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.)

(625 ILCS 5/3-696 new)

Sec. 3-696. NASCAR license plates.

(a) The Secretary, upon receipt of an application made in the form prescribed by the Secretary may, subject to the requirements of subsection (c), issue special registration plates designated as NASCAR license plates. The special plates issued under this Section may be affixed only to passenger vehicles of the first division and motor vehicles of the second division weighing not more than 8,000 pounds. Plates issued under this Section shall expire according to the multi-year procedure established by Section 3-414.1.

(b) The design and color of the plates is wholly within the discretion of the Secretary, except that the plates shall, subject to the requirements of subsection (c), display the NASCAR logo with a theme related to a specific driver or a general motorsports theme. The Secretary may allow the plates to be issued as vanity or personalized plates under Section 3-405.1. The Secretary shall prescribe stickers or decals as provided in Section 3-412.

(c) This Section may not be implemented until the State of Illinois has, through a licensing agreement or otherwise, received any licenses or other permissions that may be required to implement this Section. The Secretary may enter into agreements to obtain the necessary licenses or other permissions on reasonable terms. The design of the initial edition of the license plates, as well as the design of subsequent editions and excepting only any part or parts of the designs owned by others and licensed to the State, shall be owned solely by the State of Illinois for its exclusive use and control, except as authorized by the Secretary. The Secretary may take the steps necessary to give notice of and protect the State's rights, including the copyright or copyrights. These steps, however, are cumulative of the ownership and exclusive use and control established by this subsection as a matter of law, and no person may reproduce or otherwise use the design or designs, except as authorized by the Secretary.

(d) An applicant for the special plate shall be charged a $40 fee for original issuance in addition to the appropriate registration fee. Of this fee, $20 shall be deposited into the Community Developmental Disability Services Medicaid Trust Fund and $20 shall be deposited into the Secretary of State Special License Plate Fund. For each registration renewal period, a $20 fee, in addition to the appropriate registration fee, shall be charged. Of this fee, $10 shall be deposited into the Community Developmental Disability Services Medicaid Trust Fund and $10 shall be deposited into the Secretary of State Special License Plate Fund.