SB2498 96TH GENERAL ASSEMBLY

LRB096 14968 AJT 29872 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB2498

Introduced 10/29/2009, by Sen. Mike Jacobs

SYNOPSIS AS INTRODUCED:

30 ILCS 105/5.755 new
30 ILCS 605/7d new
625 ILCS 5/16-104c
625 ILCS 40/3-2	from Ch. 95 1/2, par. 603-2
625 ILCS 40/3-5	from Ch. 95 1/2, par. 603-5
625 ILCS 45/3-2	from Ch. 95 1/2, par. 313-2

Amends the State Finance Act, State Property Control Act, Illinois Vehicle Code, Snowmobile Registration and Safety Act, and Boat Registration and Safety Act. Creates the Conservation Police Vehicle Fund as a special fund in the State treasury and provides that all moneys in the fund shall be used, subject to appropriation, by the Department of Natural Resources for the acquisition of new or replacement vehicles, watercraft, and snowmobiles for the Conservation Police. Provides for surcharges on violations issued by the Conservation Police ($20 for each violation), snowmobile registration ($2 per registration), and watercraft registration (ranging from $1 to $5 per registration) to be deposited into the Conservation Police Vehicle Fund.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

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 adding Section Section 5.755 as follows:

(30 ILCS 105/5.755 new)

Sec. 5.755. The Conservation Police Vehicle Fund.

Section 10. The State Property Control Act is amended by adding Section 7d as follows:

(30 ILCS 605/7d new)

Sec. 7d. Acquisition of Conservation Police vehicles. The Conservation Police Vehicle Fund is created as a special fund in the State treasury. All moneys in the Conservation Police Vehicle Fund, subject to appropriation, shall be used by the Department of Natural Resources for the acquisition of new or replacement vehicles, watercraft, and snowmobiles for the Conservation Police.

Section 15. The Illinois Vehicle Code is amended by changing Section 16-104c as follows:

(625 ILCS 5/16-104c)

Sec. 16-104c. Court supervision fees.

(a) Any person who receives a disposition of court supervision for a violation of any provision of this Code or a similar provision of a local ordinance shall pay an additional fee of $29, which shall be disbursed as follows:

(1) if an officer of the Department of State Police arrested the person for the violation, $20 of the $29 fee shall be deposited into the State Police Vehicle Fund in the State treasury; or

(1.5) if an officer of the Department of Natural Resources arrested the person for the violation, $20 of the $30 fee shall be deposited into the Conservation Police Vehicle Fund in the State treasury; or

(2) if an officer of any law enforcement agency in the State other than the Department of State Police or the Department of Natural Resources arrested the person for the violation, $20 of the $29 fee shall be paid to the law enforcement agency that employed the arresting officer and shall be used for the acquisition or maintenance of police vehicles; and

(3) $9 of the $29 fee shall be deposited into the Drivers Education Fund.

(b) In addition to the fee provided for in subsection (a), a person who receives a disposition of court supervision for any violation of this Code or a similar provision of a local ordinance shall also pay an additional fee of $6, if not waived by the court. Of this $6 fee, $5.50 shall be deposited into the Circuit Court Clerk Operation and Administrative Fund created by the Clerk of the Circuit Court and 50 cents shall be deposited into the Prisoner Review Board Vehicle and Equipment Fund in the State treasury.

(c) The Prisoner Review Board Vehicle and Equipment Fund is created as a special fund in the State treasury. The Prisoner Review Board shall, subject to appropriation by the General Assembly and approval by the Secretary, use all moneys in the Prisoner Review Board Vehicle and Equipment Fund for the purchase and operation of vehicles and equipment.

(Source: P.A. 95-428, eff. 8-24-07; 96-625, eff. 1-1-10.)

Section 20. The Snowmobile Registration and Safety Act is amended by changing Sections 3-2 and 3-5 as follows:

(625 ILCS 40/3-2) (from Ch. 95 1/2, par. 603-2)

Sec. 3-2. Identification Number Application.

(a) The owner of each snowmobile requiring numbering by this State shall file an application for number with the Department on forms approved by it. Effective with the 2010 registration year, the The application shall be signed by the owner of the snowmobile and shall be accompanied by a fee of $18 plus a registration surcharge of $2. The registration surcharge shall be deposited into the Conservation Police Vehicle Fund.

(b) When a snowmobile dealer sells a snowmobile the dealer shall, at the time of sale, require the buyer to complete an application for the registration certificate, collect the required fee and mail the application and fee to the Department no later than 14 days after the date of sale. Combination application-receipt forms shall be provided by the Department and the dealer shall furnish the buyer with the completed receipt showing that application for registration has been made.

(c) The This completed receipt in subsection (b) of this Section shall be in the possession of the user of the snowmobile until the registration certificate is received.

(d) No snowmobile dealer may charge an additional fee to the buyer for performing this service required under this subsection. However, no purchaser exempted under Section 3-11 of this Act shall be charged any fee or be subject to the other requirements of this Section.

(e) The application form shall so state in clear language the requirements of this Section and the penalty for violation near the place on the application form provided for indicating the intention to register in another jurisdiction.

(f) Each dealer shall maintain, for one year, a record in a form prescribed by the Department for each snowmobile sold. These records shall be open to inspection by the Department.

(g) Upon receipt of the application in approved form the Department shall enter the same upon the records of its office and issue to the applicant a certificate of number stating the number awarded to the snowmobile and the name and address of the owner.

(Source: P.A. 92-174, eff. 7-26-01.)

(625 ILCS 40/3-5) (from Ch. 95 1/2, par. 603-5)

Sec. 3-5. Transfer of Identification Number. The purchaser of a snowmobile shall, within 15 days after acquiring same, make application to the Department for the transfer to him of the certificate of number issued to the snowmobile, giving his name, his address and the number of the snowmobile. The purchaser shall apply for a transfer-renewal as provided in Section 3-2 of this Act for a fee of $18 for approximately 3 years. All transfers will bear September 30 expiration dates in the calendar year of expiration. Upon receipt of the application and fee, the Department shall transfer the certificate of number issued to the snowmobile to the new owner. Unless the application is made and fee paid within 30 days, the snowmobile shall be deemed to be without certificate of number and it shall be unlawful for any person to operate the snowmobile until the certificate is issued.

(Source: P.A. 92-174, eff. 7-26-01.)

Section 25. The Boat Registration and Safety Act is amended by changing Section 3-2 as follows:

(625 ILCS 45/3-2) (from Ch. 95 1/2, par. 313-2)

Sec. 3-2. Identification number application. The owner of each watercraft requiring numbering by this State shall file an application for number with the Department on forms approved by it. Effective with the 2010 registration year, The application shall be signed by the owner of the watercraft and shall be accompanied by a fee and registration surcharge as follows:

The registration surcharge shall be deposited into the Conservation Police Vehicle Fund.

Upon receipt of the application in approved form, and when satisfied that no tax imposed pursuant to the "Municipal Use Tax Act" or the "County Use Tax Act" is owed, or that such tax has been paid, the Department shall enter the same upon the records of its office and issue to the applicant a certificate of number stating the number awarded to the watercraft and the name and address of the owner.

(Source: P.A. 93-32, eff. 7-1-03; 94-45, eff. 1-1-06.)