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| Public Act 098-0177 | ||||
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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 | ||||
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 | ||
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 | ||
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 | ||
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 | ||
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 | ||
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) | ||
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 | ||
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
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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 | ||
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 | ||
(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. | ||
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.)
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Section 99. Effective date. This Act takes effect January | ||
1, 2014.
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