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.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Section 2-119 and adding Section 3-696 as follows:
 
6    (625 ILCS 5/2-119)  (from Ch. 95 1/2, par. 2-119)
7    Sec. 2-119. Disposition of fees and taxes.
8    (a) All moneys received from Salvage Certificates shall be
9deposited in the Common School Fund in the State Treasury.
10    (b) Beginning January 1, 1990 and concluding December 31,
111994, of the money collected for each certificate of title,
12duplicate certificate of title and corrected certificate of
13title, $0.50 shall be deposited into the Used Tire Management
14Fund. Beginning January 1, 1990 and concluding December 31,
151994, of the money collected for each certificate of title,
16duplicate certificate of title and corrected certificate of
17title, $1.50 shall be deposited in the Park and Conservation
18Fund.
19    Beginning January 1, 1995, of the money collected for each
20certificate of title, duplicate certificate of title and
21corrected certificate of title, $2 shall be deposited in the
22Park and Conservation Fund. The moneys deposited in the Park
23and Conservation Fund pursuant to this Section shall be used

 

 

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1for the acquisition and development of bike paths as provided
2for in Section 805-420 of the Department of Natural Resources
3(Conservation) Law (20 ILCS 805/805-420).
4    Beginning January 1, 2000, of the moneys collected for each
5certificate of title, duplicate certificate of title, and
6corrected certificate of title, $48 shall be deposited into the
7Road Fund and $4 shall be deposited into the Motor Vehicle
8License Plate Fund, except that if the balance in the Motor
9Vehicle License Plate Fund exceeds $40,000,000 on the last day
10of a calendar month, then during the next calendar month the $4
11shall instead be deposited into the Road Fund.
12    Beginning January 1, 2005, of the moneys collected for each
13delinquent vehicle registration renewal fee, $20 shall be
14deposited into the General Revenue Fund.
15    Except as otherwise provided in this Code, all remaining
16moneys collected for certificates of title, and all moneys
17collected for filing of security interests, shall be placed in
18the General Revenue Fund in the State Treasury.
19    (c) All moneys collected for that portion of a driver's
20license fee designated for driver education under Section 6-118
21shall be placed in the Driver Education Fund in the State
22Treasury.
23    (d) Beginning January 1, 1999, of the monies collected as a
24registration fee for each motorcycle, motor driven cycle and
25moped, 27% of each annual registration fee for such vehicle and
2627% of each semiannual registration fee for such vehicle is

 

 

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1deposited in the Cycle Rider Safety Training Fund.
2    (e) Of the monies received by the Secretary of State as
3registration fees or taxes or as payment of any other fee, as
4provided in this Act, except fees received by the Secretary
5under paragraph (7) of subsection (b) of Section 5-101 and
6Section 5-109 of this Code, 37% shall be deposited into the
7State Construction Fund.
8    (f) Of the total money collected for a CDL instruction
9permit or original or renewal issuance of a commercial driver's
10license (CDL) pursuant to the Uniform Commercial Driver's
11License Act (UCDLA): (i) $6 of the total fee for an original or
12renewal CDL, and $6 of the total CDL instruction permit fee
13when such permit is issued to any person holding a valid
14Illinois driver's license, shall be paid into the
15CDLIS/AAMVAnet Trust Fund (Commercial Driver's License
16Information System/American Association of Motor Vehicle
17Administrators network Trust Fund) and shall be used for the
18purposes provided in Section 6z-23 of the State Finance Act and
19(ii) $20 of the total fee for an original or renewal CDL or
20commercial driver instruction permit shall be paid into the
21Motor Carrier Safety Inspection Fund, which is hereby created
22as a special fund in the State Treasury, to be used by the
23Department of State Police, subject to appropriation, to hire
24additional officers to conduct motor carrier safety
25inspections pursuant to Chapter 18b of this Code.
26    (g) All remaining moneys received by the Secretary of State

 

 

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1as registration fees or taxes or as payment of any other fee,
2as provided in this Act, except fees received by the Secretary
3under paragraph (7)(A) of subsection (b) of Section 5-101 and
4Section 5-109 of this Code, shall be deposited in the Road Fund
5in the State Treasury. Moneys in the Road Fund shall be used
6for the purposes provided in Section 8.3 of the State Finance
7Act.
8    (h) (Blank).
9    (i) (Blank).
10    (j) (Blank).
11    (k) There is created in the State Treasury a special fund
12to be known as the Secretary of State Special License Plate
13Fund. Money deposited into the Fund shall, subject to
14appropriation, be used by the Office of the Secretary of State
15(i) to help defray plate manufacturing and plate processing
16costs for the issuance and, when applicable, renewal of any new
17or existing registration plates authorized under this Code and
18(ii) for grants made by the Secretary of State to benefit
19Illinois Veterans Home libraries. A portion of the moneys
20received as fees under Section 3-696 may be used, subject to
21appropriation, to pay royalties in accordance with Section
223-696.
23    On or before October 1, 1995, the Secretary of State shall
24direct the State Comptroller and State Treasurer to transfer
25any unexpended balance in the Special Environmental License
26Plate Fund, the Special Korean War Veteran License Plate Fund,

 

 

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1and the Retired Congressional License Plate Fund to the
2Secretary of State Special License Plate Fund.
3    (l) The Motor Vehicle Review Board Fund is created as a
4special fund in the State Treasury. Moneys deposited into the
5Fund under paragraph (7) of subsection (b) of Section 5-101 and
6Section 5-109 shall, subject to appropriation, be used by the
7Office of the Secretary of State to administer the Motor
8Vehicle Review Board, including without limitation payment of
9compensation and all necessary expenses incurred in
10administering the Motor Vehicle Review Board under the Motor
11Vehicle Franchise Act.
12    (m)  Effective July 1, 1996, there is created in the State
13Treasury a special fund to be known as the Family
14Responsibility Fund. Moneys deposited into the Fund shall,
15subject to appropriation, be used by the Office of the
16Secretary of State for the purpose of enforcing the Family
17Financial Responsibility Law.
18    (n) The Illinois Fire Fighters' Memorial Fund is created as
19a special fund in the State Treasury. Moneys deposited into the
20Fund shall, subject to appropriation, be used by the Office of
21the State Fire Marshal for construction of the Illinois Fire
22Fighters' Memorial to be located at the State Capitol grounds
23in Springfield, Illinois. Upon the completion of the Memorial,
24moneys in the Fund shall be used in accordance with Section
253-634.
26    (o) Of the money collected for each certificate of title

 

 

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1for all-terrain vehicles and off-highway motorcycles, $17
2shall be deposited into the Off-Highway Vehicle Trails Fund.
3    (p) For audits conducted on or after July 1, 2003 pursuant
4to Section 2-124(d) of this Code, 50% of the money collected as
5audit fees shall be deposited into the General Revenue Fund.
6(Source: P.A. 96-554, eff. 1-1-10.)
 
7    (625 ILCS 5/3-696 new)
8    Sec. 3-696. NASCAR license plates.
9    (a) The Secretary, upon receipt of an application made in
10the form prescribed by the Secretary may, subject to the
11requirements of subsection (c), issue special registration
12plates designated as NASCAR license plates. The special plates
13issued under this Section may be affixed only to passenger
14vehicles of the first division and motor vehicles of the second
15division weighing not more than 8,000 pounds. Plates issued
16under this Section shall expire according to the multi-year
17procedure established by Section 3-414.1.
18    (b) The design and color of the plates is wholly within the
19discretion of the Secretary, except that the plates shall,
20subject to the requirements of subsection (c), display the
21NASCAR logo with a theme related to a specific driver or a
22general motorsports theme. The Secretary may allow the plates
23to be issued as vanity or personalized plates under Section
243-405.1. The Secretary shall prescribe stickers or decals as
25provided in Section 3-412.

 

 

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1    (c) This Section may not be implemented until the State of
2Illinois has, through a licensing agreement or otherwise,
3received any licenses or other permissions that may be required
4to implement this Section. The Secretary may enter into
5agreements to obtain the necessary licenses or other
6permissions on reasonable terms. The design of the initial
7edition of the license plates, as well as the design of
8subsequent editions and excepting only any part or parts of the
9designs owned by others and licensed to the State, shall be
10owned solely by the State of Illinois for its exclusive use and
11control, except as authorized by the Secretary. The Secretary
12may take the steps necessary to give notice of and protect the
13State's rights, including the copyright or copyrights. These
14steps, however, are cumulative of the ownership and exclusive
15use and control established by this subsection as a matter of
16law, and no person may reproduce or otherwise use the design or
17designs, except as authorized by the Secretary.
18    (d) An applicant for the special plate shall be charged a
19$40 fee for original issuance in addition to the appropriate
20registration fee. Of this fee, $20 shall be deposited into the
21Community Developmental Disability Services Medicaid Trust
22Fund and $20 shall be deposited into the Secretary of State
23Special License Plate Fund. For each registration renewal
24period, a $20 fee, in addition to the appropriate registration
25fee, shall be charged. Of this fee, $10 shall be deposited into
26the Community Developmental Disability Services Medicaid Trust

 

 

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1Fund and $10 shall be deposited into the Secretary of State
2Special License Plate Fund.