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[ Introduced ] | [ Engrossed ] | [ Senate Amendment 001 ] |
90_SB0030sam003 SRS90SB0030AKcham02 1 AMENDMENT TO SENATE BILL 30 2 AMENDMENT NO. . Amend Senate Bill 30, AS AMENDED, by 3 replacing everything after the enacting clause with the 4 following: 5 "Section 5. The State Finance Act is amended by adding 6 Section 5.449 and changing Section 8.3 as follows: 7 (30 ILCS 105/5.449 new) 8 Sec. 5.449. The Secretary of State Registration Plate 9 Replacement Fund. 10 (30 ILCS 105/8.3) (from Ch. 127, par. 144.3) 11 Sec. 8.3. Money in the road fund shall, if and when the 12 State of Illinois incurs any bonded indebtedness for the 13 construction of permanent highways, be set aside and used for 14 the purpose of paying and discharging annually the principal 15 and interest on that bonded indebtedness then due and 16 payable, and for no other purpose. The surplus, if any, in 17 the road fund after the payment of principal and interest on 18 that bonded indebtedness then annually due shall be used as 19 follows: 20 first--to pay the cost of administration of Chapters 21 2 through 10 of the Illinois Vehicle Code, except the -2- SRS90SB0030AKcham02 1 cost of administration of Articles I and II of Chapter 3 2 of that Code; and 3 secondly--for expenses of the Department of 4 Transportation for construction, reconstruction, 5 improvement, repair, maintenance, operation, and 6 administration of highways in accordance with the 7 provisions of laws relating thereto, or for any purpose 8 related or incident to and connected therewith, including 9 the separation of grades of those highways with railroads 10 and with highways and including the payment of awards 11 made by the Industrial Commission under the terms of the 12 Workers' Compensation Act or Workers' Occupational 13 Diseases Act for injury or death of an employee of the 14 Division of Highways in the Department of Transportation; 15 or for the acquisition of land and the erection of 16 buildings for highway purposes, including the acquisition 17 of highway right-of-way or for investigations to 18 determine the reasonably anticipated future highway 19 needs; or for making of surveys, plans, specifications 20 and estimates for and in the construction and maintenance 21 of flight strips and of highways necessary to provide 22 access to military and naval reservations, to defense 23 industries and defense-industry sites, and to the sources 24 of raw materials and for replacing existing highways and 25 highway connections shut off from general public use at 26 military and naval reservations and defense-industry 27 sites, or for the purchase of right-of-way, except that 28 the State shall be reimbursed in full for any expense 29 incurred in building the flight strips; or for the 30 operating and maintaining of highway garages; or for 31 patrolling and policing the public highways and 32 conserving the peace; or for any of those purposes or any 33 other purpose that may be provided by law. 34 Appropriations for any of those purposes are payable from -3- SRS90SB0030AKcham02 1 the road fund. Appropriations may also be made from the road 2 fund for the administrative expenses of any State agency that 3 are related to motor vehicles or arise from the use of motor 4 vehicles. 5 Beginning with fiscal year 1980 and thereafter, no road 6 fund monies shall be appropriated to the following 7 Departments or agencies of State government for 8 administration, grants, or operations; but this limitation is 9 not a restriction upon appropriating for those purposes any 10 road fund monies that are eligible for federal reimbursement; 11 1. Department of Public Health; 12 2. Department of Transportation, only with respect 13 to subsidies for one-half fare Student Transportation and 14 Reduced Fare for Elderly; 15 3. Department of Central Management Services, 16 except for expenditures incurred for group insurance 17 premiums of appropriate personnel; 18 4. Judicial Systems and Agencies. 19 Beginning with fiscal year 1981 and thereafter, no road 20 fund monies shall be appropriated to the following 21 Departments or agencies of State government for 22 administration, grants, or operations; but this limitation is 23 not a restriction upon appropriating for those purposes any 24 road fund monies that are eligible for federal reimbursement: 25 1. Department of State Police, except for 26 expenditures with respect to the Division of State 27 Troopers; 28 2. Department of Transportation, only with respect 29 to Intercity Rail Subsidies and Rail Freight Services. 30 Beginning with fiscal year 1982 and thereafter, no road 31 fund monies shall be appropriated to the following 32 Departments or agencies of State government for 33 administration, grants, or operations; but this limitation is 34 not a restriction upon appropriating for those purposes any -4- SRS90SB0030AKcham02 1 road fund monies that are eligible for federal reimbursement: 2 Department of Central Management Services, except for awards 3 made by the Industrial Commission under the terms of the 4 Workers' Compensation Act or Workers' Occupational Diseases 5 Act for injury or death of an employee of the Division of 6 Highways in the Department of Transportation. 7 Beginning with fiscal year 1984 and thereafter, no road 8 fund monies shall be appropriated to the following 9 Departments or agencies of State government for 10 administration, grants, or operations; but this limitation is 11 not a restriction upon appropriating for those purposes any 12 road fund monies that are eligible for federal reimbursement: 13 1. Department of State Police, except not more than 14 40% of the funds appropriated for the Division of State 15 Troopers; 16 2. State Officers. 17 Beginning with fiscal year 1984 and thereafter, no road 18 fund monies shall be appropriated to any Department or agency 19 of State government for administration, grants, or operations 20 except as provided hereafter; but this limitation is not a 21 restriction upon appropriating for those purposes any road 22 fund monies that are eligible for federal reimbursement. It 23 shall not be lawful to circumvent the above appropriation 24 limitations by governmental reorganization or other methods. 25 Appropriations shall be made from the road fund only in 26 accordance with the provisions of this Section. 27 Money in the road fund shall, if and when the State of 28 Illinois incurs any bonded indebtedness for the construction 29 of permanent highways, be set aside and used for the purpose 30 of paying and discharging during each fiscal year the 31 principal and interest on that bonded indebtedness as it 32 becomes due and payable as provided in the Transportation 33 Bond Act, and for no other purpose. The surplus, if any, in 34 the road fund after the payment of principal and interest on -5- SRS90SB0030AKcham02 1 that bonded indebtedness then annually due shall be used as 2 follows: 3 first--to pay the cost of administration of Chapters 4 2 through 10 of the Illinois Vehicle Code; and 5 secondly--no road fund monies derived from fees, 6 excises, or license taxes relating to registration, 7 operation and use of vehicles on public highways or to 8 fuels used for the propulsion of those vehicles, shall be 9 appropriated or expended other than for costs of 10 administering the laws imposing those fees, excises, and 11 license taxes, statutory refunds and adjustments allowed 12 thereunder, administrative costs of the Department of 13 Transportation, payment of debts and liabilities incurred 14 in construction and reconstruction of public highways and 15 bridges, acquisition of rights-of-way for and the cost of 16 construction, reconstruction, maintenance, repair, and 17 operation of public highways and bridges under the 18 direction and supervision of the State, political 19 subdivision, or municipality collecting those monies, and 20 the costs for patrolling and policing the public highways 21 (by State, political subdivision, or municipality 22 collecting that money) for enforcement of traffic laws. 23 The separation of grades of such highways with railroads 24 and costs associated with protection of at-grade highway 25 and railroad crossing shall also be permissible. 26 Appropriations for any of such purposes are payable from 27 the road fund or the Grade Crossing Protection Fund as 28 provided in Section 8 of the Motor Fuel Tax Law. 29 Beginning with fiscal year 1991 and thereafter, no Road 30 Fund monies shall be appropriated to the Department of State 31 Police for the purposes of this Section in excess of its 32 total fiscal year 1990 Road Fund appropriations for those 33 purposes unless otherwise provided in Section 5g of this Act. 34 It shall not be lawful to circumvent this limitation on -6- SRS90SB0030AKcham02 1 appropriations by governmental reorganization or other 2 methods unless otherwise provided in Section 5g of this Act. 3 In fiscal year 1994, no Road Fund monies shall be 4 appropriated to the Secretary of State for the purposes of 5 this Section in excess of the total fiscal year 1991 Road 6 Fund appropriations to the Secretary of State for those 7 purposes, plus $9,800,000. It shall not be lawful to 8 circumvent this limitation on appropriations by governmental 9 reorganization or other method. 10 Beginning with fiscal year 1995 and thereafter, except 11 for road fund moneys appropriated to the Secretary of State 12 for required replating issuance of motor vehicle registration 13 plates, no Road Fund monies shall be appropriated to the 14 Secretary of State for the purposes of this Section in excess 15 of the total fiscal year 1994 Road Fund appropriations to the 16 Secretary of State for those purposes. It shall not be lawful 17 to circumvent this limitation on appropriations by 18 governmental reorganization or other methods. 19 No new program may be initiated in fiscal year 1991 and 20 thereafter that is not consistent with the limitations 21 imposed by this Section for fiscal year 1984 and thereafter, 22 insofar as appropriation of road fund monies is concerned. 23 Nothing in this Section prohibits transfers from the Road 24 Fund to the State Construction Account Fund under Section 5e 25 of this Act. 26 (Source: P.A. 87-774; 87-1228; 88-78.) 27 Section 10. The Illinois Vehicle Code is amended by 28 changing Sections 2-119, 3-412 and 3-413 as follows: 29 (625 ILCS 5/2-119) (from Ch. 95 1/2, par. 2-119) 30 Sec. 2-119. Disposition of fees and taxes. 31 (a) All moneys received from Salvage Certificates shall 32 be deposited in the Common School Fund in the State Treasury. -7- SRS90SB0030AKcham02 1 (b) Beginning January 1, 1990 and concluding December 2 31, 1994, of the money collected for each certificate of 3 title, duplicate certificate of title and corrected 4 certificate of title, $0.50 shall be deposited into the Used 5 Tire Management Fund. Beginning January 1, 1990 and 6 concluding December 31, 1994, of the money collected for each 7 certificate of title, duplicate certificate of title and 8 corrected certificate of title, $1.50 shall be deposited in 9 the Park and Conservation Fund. Beginning January 1, 1995, 10 of the money collected for each certificate of title, 11 duplicate certificate of title and corrected certificate of 12 title, $2 shall be deposited in the Park and Conservation 13 Fund. The moneys deposited in the Park and Conservation Fund 14 pursuant to this Section shall be used for the acquisition 15 and development of bike paths as provided for in Section 16 63a36 of the Civil Administrative Code of Illinois. Except as 17 otherwise provided in this Code, all remaining moneys 18 collected for certificates of title, and all moneys collected 19 for filing of security interests, shall be placed in the 20 General Revenue Fund in the State Treasury. 21 (c) All moneys collected for that portion of a driver's 22 license fee designated for driver education under Section 23 6-118 shall be placed in the Driver Education Fund in the 24 State Treasury. 25 (d) Prior to December 28, 1989, of the monies collected 26 as a registration fee for each motorcycle, motor driven cycle 27 and motorized pedalcycle, $4 of each annual registration fee 28 for such vehicle and $2 of each semiannual registration fee 29 for such vehicle is deposited in the Cycle Rider Safety 30 Training Fund. Beginning on December 28, 1989 and until 31 January 1, 1992, of the monies collected as a registration 32 fee for each motorcycle, motor driven cycle and motorized 33 pedalcycle, $6 of each annual registration fee for such 34 vehicle and $3 of each semiannual registration fee for such -8- SRS90SB0030AKcham02 1 vehicle shall be deposited in the Cycle Rider Safety Training 2 Fund. 3 Beginning January 1, 1992 and until January 1, 1994, of 4 the monies collected as a registration fee for each 5 motorcycle, motor driven cycle and motorized pedalcycle, $7 6 of each annual registration fee for such vehicle and $3.50 of 7 each semiannual registration fee for such vehicle is 8 deposited in the Cycle Rider Safety Training Fund. 9 Beginning January 1, 1994, of the monies collected as a 10 registration fee for each motorcycle, motor driven cycle and 11 motorized pedalcycle, $8 of each annual registration fee for 12 such vehicle and $4 of each semiannual registration fee for 13 such vehicle is deposited in the Cycle Rider Safety Training 14 Fund. 15 Beginning January 1, 1998, of the moneys collected as 16 registration fees under Section 3-414.1 of this Code, 75 17 cents of each registration or renewal fee shall be deposited 18 in the Secretary of State Registration Plate Replacement 19 Fund. 20 (e) Of the monies received by the Secretary of State as 21 registration fees or taxes or as payment of any other fee, as 22 provided in this Act, except fees received by the Secretary 23 under paragraph (7) of subsection (b) of Section 5-101 and 24 Section 5-109 of this Code, 37% shall be deposited into the 25 State Construction Fund. 26 (f) Of the total money collected for a CDL instruction 27 permit or original or renewal issuance of a commercial 28 driver's license (CDL) pursuant to the Uniform Commercial 29 Driver's License Act (UCDLA), $6 of the total fee for an 30 original or renewal CDL, and $6 of the total CDL instruction 31 permit fee when such permit is issued to any person holding a 32 valid Illinois driver's license, shall be paid into the 33 CDLIS/AAMVAnet Trust Fund (Commercial Driver's License 34 Information System/American Association of Motor Vehicle -9- SRS90SB0030AKcham02 1 Administrators network Trust Fund) and shall be used for the 2 purposes provided in Section 6z-23 of the State Finance Act. 3 (g) All remaining moneys received by the Secretary of 4 State as registration fees or taxes or as payment of any 5 other fee, as provided in this Act, except fees received by 6 the Secretary under paragraph (7) of subsection (b) of 7 Section 5-101 and Section 5-109 of this Code, shall be 8 deposited in the Road Fund in the State Treasury. Moneys in 9 the Road Fund shall be used for the purposes provided in 10 Section 8.3 of the State Finance Act. 11 (h) (Blank). 12 (i) (Blank). 13 (j) (Blank). 14 (k) There is created in the State Treasury a special 15 fund to be known as the Secretary of State Special License 16 Plate Fund. Money deposited into the Fund shall, subject to 17 appropriation, be used by the Office of the Secretary of 18 State (i) to help defray plate manufacturing and plate 19 processing costs for the issuance and, when applicable, 20 renewal of any new or existing special registration plates 21 authorized under this Code and (ii) for grants made by the 22 Secretary of State to benefit Illinois Veterans Home 23 libraries. 24 On or before October 1, 1995, the Secretary of State 25 shall direct the State Comptroller and State Treasurer to 26 transfer any unexpended balance in the Special Environmental 27 License Plate Fund, the Special Korean War Veteran License 28 Plate Fund, and the Retired Congressional License Plate Fund 29 to the Secretary of State Special License Plate Fund. 30 (l) The Motor Vehicle Review Board Fund is created as a 31 special fund in the State Treasury. Moneys deposited into 32 the Fund under paragraph (7) of subsection (b) of Section 33 5-101 and Section 5-109 shall, subject to appropriation, be 34 used by the Office of the Secretary of State to administer -10- SRS90SB0030AKcham02 1 the Motor Vehicle Review Board, including without limitation 2 payment of compensation and all necessary expenses incurred 3 in administering the Motor Vehicle Review Board under the 4 Motor Vehicle Franchise Act. 5 (m) Effective July 1, 1996, there is created in the 6 State Treasury a special fund to be known as the Family 7 Responsibility Fund. Moneys deposited into the Fund shall, 8 subject to appropriation, be used by the Office of the 9 Secretary of State for the purpose of enforcing the Family 10 Financial Responsibility Law. 11 (n)(k)The Illinois Fire Fighters' Memorial Fund is 12 created as a special fund in the State Treasury. Moneys 13 deposited into the Fund shall, subject to appropriation, be 14 used by the Office of the State Fire Marshal for construction 15 of the Illinois Fire Fighters' Memorial to be located at the 16 State Capitol grounds in Springfield, Illinois. Upon the 17 completion of the Memorial, the Office of the State Fire 18 Marshal shall certify to the State Treasurer that 19 construction of the Memorial has been completed. 20 (o) The Secretary of State Registration Plate Fund is 21 created as a special fund in the State treasury. Moneys 22 deposited into the Fund shall, subject to appropriation, be 23 used by the Office of the Secretary of State for the plate 24 manufacturing and plate processing costs for registrations 25 issued under Section 3-414.1. 26 (Source: P.A. 88-333; 88-485; 88-589, eff. 8-14-94; 88-670, 27 eff. 12-2-94; 89-92, eff. 7-1-96; 89-145, eff. 7-14-95; 28 89-282, eff. 8-10-95; 89-612, eff. 8-9-96; 89-626, eff. 29 8-9-96; 89-639, eff. 1-1-97; revised 9-9-96.)". 30 (625 ILCS 5/3-412) (from Ch. 95 1/2, par. 3-412) 31 Sec. 3-412. Registration plates and registration 32 stickers to be furnished by the Secretary of State. 33 (a) The Secretary of State upon registering a vehicle -11- SRS90SB0030AKcham02 1 subject to annual registration for the first time shall 2 issue or shall cause to be issued to the owner one 3 registration plate for a motorcycle, trailer, semitrailer, 4 motorized pedalcycle or truck-tractor, 2 registration plates 5 for other motor vehicles and, where applicable, current 6 registration stickers for motor vehicles of the first 7 division. The provisions of this Section may be made 8 applicable to such vehicles of the second division, as the 9 Secretary of State may, from time to time, in his discretion 10 designate. On subsequent annual registrations during the term 11 of the registration plate as provided in Section 3-414.1, the 12 Secretary shall issue or cause to be issued registration 13 stickers as evidence of current registration. However, the 14 issuance of annual registration stickers to vehicles 15 registered under the provisions of Section 3-402.1 of this 16 Code may not be required if the Secretary deems the issuance 17 unnecessary. 18 (b) Every registration plate shall have displayed upon 19 it the registration number assigned to the vehicle for which 20 it is issued, the name of this State, which may be 21 abbreviated, the year number for which it was issued, which 22 may be abbreviated, the phrase "Land of Lincoln", except as 23 provided in Sections 3-626,Section3-629, 3-633, 3-634, 24 3-637, and 3-638and Section 3-631, and such other letters or 25 numbers as the Secretary may prescribe. However, for 26 apportionment plates issued to vehicles registered under 27 Section 3-402.1, the phrase "Land of Lincoln" may be omitted 28 to allow for the word "apportioned" to be displayed. The 29 Secretary may in his discretion prescribe that letters be 30 used as prefixes only on registration plates issued to 31 vehicles of the first division which are registered under 32 this Code and only as suffixes on registration plates issued 33 to other vehicles. Every registration sticker issued as 34 evidence of current registration shall designate the year -12- SRS90SB0030AKcham02 1 number for which it is issued and such other letters or 2 numbers as the Secretary may prescribe and shall be of a 3 contrasting color with the registration plates and 4 registration stickers of the previous year. 5 (c) Each registration plate and the required letters and 6 numerals thereon, except the year number for which issued, 7 shall be of sufficient size to be plainly readable from a 8 distance of 100 feet during daylight, and shall be coated 9 with reflectorizing material. The dimensions of the plate 10 issued to vehicles of the first division shall be 6 by 12 11 inches. 12 (d) The Secretary of State shall issue for every 13 passenger motor vehicle rented without a driver the same type 14 of registration plates as the type of plates issued for a 15 private passenger vehicle. 16 (e) The Secretary of State shall issue for every 17 passenger car used as a taxicab or livery, distinctive 18 registration plates. 19 (f) The Secretary of State shall issue for every 20 motorcycle distinctive registration plates distinguishing 21 between motorcycles having 150 or more cubic centimeters 22 piston displacement, or having less than 150 cubic centimeter 23 piston displacement. 24 (g) Registration plates issued to vehicles for-hire may 25 display a designation as determined by the Secretary that 26 such vehicles are for-hire. 27 (h) The Secretary of State shall issue for each electric 28 vehicle distinctive registration plates which shall 29 distinguish between electric vehicles having a maximum 30 operating speed of 45 miles per hour or more and those having 31 a maximum operating speed of less than 45 miles per hour. 32 (i) The Secretary of State shall issue for every public 33 and private ambulance registration plates identifying the 34 vehicle as an ambulance. The Secretary shall forward to the -13- SRS90SB0030AKcham02 1 Department of Public Aid registration information for the 2 purpose of verification of claims filed with the Department 3 by ambulance owners for payment for services to public 4 assistance recipients. 5 (j) The Secretary of State shall issue for every public 6 and private medical carrier or rescue vehicle livery 7 registration plates displaying numbers within ranges of 8 numbers reserved respectively for medical carriers and rescue 9 vehicles. The Secretary shall forward to the Department of 10 Public Aid registration information for the purpose of 11 verification of claims filed with the Department by owners of 12 medical carriers or rescue vehicles for payment for services 13 to public assistance recipients. 14 (k) Beginning in 1999, the Secretary of State shall 15 begin to replace multi-year registration plates issued under 16 Section 3-414.1 After completion of the replacement of the 17 multi-year registration plates beginning in 1999, the 18 Secretary of State shall, in the Secretary of State's 19 discretion, periodically replace multi-year registration 20 plates issued under Section 3-414. 21 (Source: P.A. 88-45; 88-485; 89-424, eff. 6-1-96; 89-564, 22 eff. 7-1-97; 89-612, eff. 8-9-96; 89-621, eff. 1-1-97; 23 89-639, eff. 1-1-97; revised 9-9-96.) 24 (625 ILCS 5/3-413) (from Ch. 95 1/2, par. 3-413) 25 Sec. 3-413. Display of registration plates, registration 26 stickers and driveway decal permits. 27 (a) Registration plates issued for a motor vehicle other 28 than a motorcycle, trailer, semitrailer, truck-tractor, 29 apportioned bus, or apportioned truck shall be attached 30 thereto, one in the front and one in the rear. The 31 registration plate issued for a motorcycle, trailer or 32 semitrailer required to be registered hereunder and any 33 apportionment plate issued to a bus under the provisions of -14- SRS90SB0030AKcham02 1 this Code shall be attached to the rear thereof. The 2 registration plate issued for a truck-tractor or an 3 apportioned truck required to be registered hereunder shall 4 be attached to the front thereof. 5 (b) Every registration plate shall at all times be 6 securely fastened in a horizontal position to the vehicle for 7 which it is issued so as to prevent the plate from swinging 8 and at a height of not less than 12 inches from the ground, 9 measuring from the bottom of such plate, in a place and 10 position to be clearly visible and shall be maintained in a 11 condition to be clearly legible, free from any materials that 12 would obstruct the visibility of the plate, including, but 13 not limited to, glass covers and tinted plastic covers. 14 Clear plastic covers are permissible as long as they remain 15 clear and do not obstruct the visibility of the plates. 16 Registration stickers issued as evidence of renewed annual 17 registration shall be attached to registration plates as 18 required by the Secretary of State, and be clearly visible at 19 all times. 20 (c) Every driveway decal permit issued pursuant to this 21 Code shall be firmly attached to the inside windshield of the 22 motor vehicle in such a manner that it cannot be removed 23 without being destroyed. If such decal permits are affixed 24 to a motor vehicle in any other manner the permit shall be 25 void and of no effect. 26 (d) The Illinois prorate decal issued to a foreign 27 registered vehicle part of a fleet prorated or apportioned 28 with Illinois, shall be displayed on a registration plate and 29 displayed on the front of such vehicle in the same manner as 30 an Illinois registration plate. 31 (e) The registration plate issued for a camper body 32 mounted on a truck displaying registration plates shall be 33 attached to the rear of the camper body. 34 (f) No person shall operate a vehicle, nor permit the -15- SRS90SB0030AKcham02 1 operation of a vehicle, upon which is displayed an Illinois 2 registration plate, plates or registration stickers after the 3 termination of the registration period for which issued or 4 after the expiration date set pursuant to Sections 3-414 and 5 3-414.1 of this Code. A person who violates this subsection 6 (f) is guilty of a petty offense and shall be fined not less 7 than $300 and not more than $500. 8 (Source: P.A. 89-245, eff. 1-1-96; 89-375, eff. 8-18-95.) 9 Section 99. Effective date. This Act takes effect upon 10 becoming law.".