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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
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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
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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
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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
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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
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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.
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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
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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
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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
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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
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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, Section 3-629, 3-633, 3-634,
24 3-637, and 3-638 and 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
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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
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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
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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
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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.".
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