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Public Act 098-0177
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SB1828 Enrolled | LRB098 07671 MLW 37744 b |
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The State Finance Act is amended by changing |
Sections 5.270 and 6z-23 as follows:
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(30 ILCS 105/5.270) (from Ch. 127, par. 141.270)
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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).
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(Source: P.A. 86-845; 86-1028.)
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(30 ILCS 105/6z-23) (from Ch. 127, par. 142z-23)
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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
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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 |
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of applicants for commercial driver's licenses , and (4) |
expenses related to participation in the National Motor Vehicle |
Title Information Service .
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(Source: P.A. 91-537, eff. 8-13-99; 91-679, eff. 1-26-00.)
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Section 10. The Illinois Vehicle Code is amended by |
changing Sections 2-119, 3-113, 5-803, and 6-118 as follows:
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(625 ILCS 5/2-119) (from Ch. 95 1/2, par. 2-119)
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Sec. 2-119. Disposition of fees and taxes.
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(a) All moneys received from Salvage Certificates shall be |
deposited in
the Common School Fund in the State Treasury.
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(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,
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duplicate certificate of title and corrected certificate of |
title, $1.50
shall be deposited in the Park and Conservation |
Fund.
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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 |
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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.
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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
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shall instead be deposited into the Road Fund.
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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.
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(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.
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(d) Beginning January 1, 1999, of the monies collected as a |
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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.
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(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.
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(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 |
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Department
of State Police, subject to appropriation, to hire |
additional officers to
conduct motor carrier safety
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inspections
pursuant to Chapter 18b of this Code.
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(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.
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(h) (Blank).
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(i) (Blank).
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(j) (Blank).
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(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.
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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 |
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Plate Fund, the Special Korean War Veteran
License Plate Fund, |
and the Retired Congressional License Plate Fund to the
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Secretary of State Special License Plate Fund.
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(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
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administering the Motor Vehicle Review Board under the Motor |
Vehicle Franchise
Act.
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(m) Effective July 1, 1996, there is created in the State
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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.
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(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.
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(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.
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(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.
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(Source: P.A. 96-554, eff. 1-1-10; 97-1136, eff. 1-1-13.)
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(625 ILCS 5/3-113) (from Ch. 95 1/2, par. 3-113) |
Sec. 3-113. Transfer to or from dealer; records.
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(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
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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 |
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another person.
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(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.
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(c) Any person who violates this Section shall be guilty of |
a petty offense.
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(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.)
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(625 ILCS 5/5-803) |
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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.
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(Source: P.A. 97-838, eff. 7-20-12.)
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(625 ILCS 5/6-118)
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Sec. 6-118. Fees. |
(a) The fee for licenses and permits under this
Article is |
as follows: |
Original driver's license .............................$30 |
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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 |
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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); |
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$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 |
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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
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Responsibility Law of this Code, shall in addition to any other
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fees required by this Code, pay a reinstatement fee as follows: |
Suspension under Section 3-707 .....................
$100
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Summary suspension under Section 11-501.1 ...........$250
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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 |
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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
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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;
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(D) $4 of the $8 fee for a restricted driving |
permit; and |
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(E) $4 of the $8 fee for a monitoring device |
driving permit. |
2. $30 of the $250 fee for reinstatement of a
license
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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,
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$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. |
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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 |
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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.)
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Section 99. Effective date. This Act takes effect January |
1, 2014.
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