Public Act 098-0177
 
SB1828 EnrolledLRB098 07671 MLW 37744 b


  
    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.