Rep. Jehan A. Gordon

Filed: 5/30/2012

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 3743

2    AMENDMENT NO. ______. Amend Senate Bill 3743 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. If and only if House Bill 4586 of the 97th
5General Assembly becomes law, the Illinois Municipal Code is
6amended by adding Section 8-11-4.1 as follows:
 
7    (65 ILCS 5/8-11-4.1 new)
8    Sec. 8-11-4.1. Local government initiative petition and
9referendum to support Veteran Conservation Corps.
10    (a) In support of the veterans of our nation's armed
11forces, the electors of certain municipalities may, by
12initiative petition and binding referendum in the manner
13prescribed by this Section, adopt an ordinance to support the
14Illinois Veteran Conservation Corps by imposing a surcharge in
15addition to a vehicle tax or license fee authorized under
16Section 8-11-4 of this Code. Except as otherwise provided in

 

 

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1this Section, a petition filed under this Section shall comply
2with Article 28 of the Election Code.
3    (b) A $1 surcharge for the purpose of providing funding for
4the Illinois Veteran Conservation Corps may be charged in
5addition to any other vehicle tax or license fee authorized
6under Section 8-11-4 of this Code, provided the municipality
7enacts an ordinance under a binding referendum approved by
8electors in accordance with this Section. A referendum under
9this Section shall be initiated by a petition signed by a
10number of electors equal to at least 2% of the total votes cast
11for Governor at the last election in the municipality. The
12petition shall be signed by the petitioning electors not more
13than 12 months preceding the election, and shall be filed with
14the election authority at least 92 days before the election.
15    (c) Upon receipt of petitions containing sufficient
16signatures, the election official shall cause to be printed on
17the ballot a question appearing in substantially the following
18form:
 
19----
20    Shall (name of municipality) add a
21$1 surcharge to the cost of the vehicle sticker
22in order to provide funding for the IllinoisYES
23Veteran Conservation Corps, a statewide program
24that helps veterans of the military obtain ----
25employment and job training projects related to

 

 

 

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1conserving natural resources, improving No
2environmental health, and beautifying public
3spaces?
4----
5    (d) If a majority of voters approve the surcharge, the
6ordinance providing for the surcharge shall be enacted by the
7corporate authorities of the municipality as soon as possible,
8but in no case later than 7 days following the approval of the
9referendum. The ordinance shall be in all material respects
10identical to a model ordinance which shall be prescribed by
11rule by the Illinois Department of Veterans' Affairs. The model
12ordinance shall impose a $1 surcharge, shall specify that the
13funds derived from the surcharge shall be allocated for the
14exclusive use of the Illinois Veteran Conservation Corps, and
15shall contain other related provisions as determined by the
16Illinois Department of Veterans' Affairs. Nothing in this
17amendatory Act of the 97th General Assembly shall be construed
18to prevent a municipality or other entity from dedicating
19monetary resources or in-kind contributions to the Illinois
20Veteran Conservation Corps in addition to the $1 surcharge
21provided for by this Section, subject to all applicable laws,
22rules, and regulations.
23    (e) The corporate authorities of a municipality under this
24Section may, by a majority vote of the municipality's governing
25body, direct the election official to cause to be printed on

 

 

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1the ballot the question contained in subsection (c) of this
2Section.
3    (f) An ordinance adopted under this Section may not be
4repealed or amended within 4 years after adoption, except by
5vote of the electors. The corporate authorities of the
6municipality may under Article 28 of the Election Code submit
7to its electorate a proposition to repeal or amend an ordinance
8adopted under this Section.
 
9    Section 10. If and only if House Bill 4586 of the 97th
10General Assembly becomes law, the Illinois Vehicle Code is
11amended by changing Section 2-121 as follows:
 
12    (625 ILCS 5/2-121)  (from Ch. 95 1/2, par. 2-121)
13    Sec. 2-121. Local Government tax.
14    (a) No owner of a vehicle who shall have obtained a
15certificate from the Secretary of State and paid the
16registration fee and tax as provided in this Act, shall be
17required by any county, city, village, incorporated town, or
18other municipal corporation within the State other than a
19county, city, village, incorporated town, or other municipal
20corporation in which the owner resides or in which a vehicle
21has its situs or base, to pay any tax or license fee for the use
22of the vehicle. The county, city, village, or incorporated town
23in which the owner resides or in which a vehicle has its situs
24or base, except commercial motor vehicles as defined in

 

 

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1paragraph (2) of Section 18b-101 that are registered under
2Section 3-402.1, may impose a tax, surcharge, or license fee as
3is provided in Sections Section 8-11-4 and 8-11-4.1 of the
4Illinois Municipal Code or a similar county ordinance that
5imposes a tax, surcharge, or license fee on an owner of a
6vehicle for the use of the vehicle.
7    Nor shall the owner be required to display upon his vehicle
8any plate or tax or license number other than that issued by
9the Secretary of State or by the county, city, village,
10incorporated town, or other municipal corporation within the
11State within which the owner resides or in which a vehicle has
12its situs or base. However, a resident owner shall not be
13required to display on his vehicle, the plate or tax or license
14number issued by the county, city, village, or incorporated
15town of his residence if his vehicle is displaying the plate or
16tax or license number issued by the place wherein the vehicle
17has its situs or base.
18    This subsection (a) applies to ordinances enacted by any
19county, city, village, incorporated town, or other municipal
20corporation. Any provision of an ordinance enacted by a county,
21city, village, incorporated town, or other municipal
22corporation that is inconsistent with this subsection (a) is
23null and void.
24    (b) No county, city, village, incorporated town, or other
25municipal corporation, including a home rule unit, may impose a
26tax or license fee under Section 8-11-4 of the Illinois

 

 

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1Municipal Code, or impose a similar tax or license fee under
2home rule powers, upon any commercial vehicle as defined in
3paragraph (2) of Section 18b-101 that is registered under
4Section 3-402.1. This subsection (b) is a denial and limitation
5of home rule powers and functions under subsection (g) of
6Section 6 of Article VII of the Illinois Constitution.
7(Source: P.A. 90-433, eff. 8-16-97.)
 
8    Section 99. Effective date. This Act takes effect July 1,
92012.".