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Public Act 098-0177
Public Act 0177 98TH GENERAL ASSEMBLY
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Public Act 098-0177
| | SB1828 Enrolled | LRB098 07671 MLW 37744 b |
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| 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.
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Effective Date: 1/1/2014
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