HB4690 97TH GENERAL ASSEMBLY

LRB097 15060 HEP 60137 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB4690

Introduced 2/3/2012, by Rep. Sandra M. Pihos

SYNOPSIS AS INTRODUCED:

See Index

Amends the Illinois Vehicle Code. Provides that beginning with the 2014 registration year, the Secretary of State (instead of the General Assembly) may authorize the issuance of special plates. Provides that the Secretary may not issue a new series of special plates unless enough applications have been received to offset the cost of producing the special plate. Provides that if a special plate is authorized to raise funds for a specific cause and the Secretary has not received the required number of applications within 2 years of date the plate is approved, the Secretary may revoke its approval of the new special plate. Provides that the Secretary shall notify all law enforcement officials of the design, color, and other special features of any new plates it issues. Provides, with exceptions, that the new provisions shall not affect the issuance or reissuance of special plates in existence on the effective date of the amendatory Act or the Secretary's discretion to made special designations in relation to certain categories of plates. Provides that revenues from special plates shall only benefit designated charitable entities, which must be in compliance with specified requirements. Provides that in the case of a failure to comply with the requirements, the special plates shall be discontinued and any undisbursed funds collected from the sale of plates authorized for that organization shall be transferred to the General Revenue Fund. Provides that if fewer than 1,000 sets of any special plate are actively registered for 2 consecutive calendar years, the Secretary may discontinue the issuance of that special plate and that discontinued plates shall be recalled and that owners of vehicles which were registered with recalled plates shall not be charged a reclassification or sticker replacement plate fee upon the issuance of new plates.

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 Illinois Vehicle Code is amended by changing Section 3-600 and adding Section 3-600.1 as follows:

(625 ILCS 5/3-600) (from Ch. 95 1/2, par. 3-600)

Sec. 3-600. Requirements for issuance of special plates.

(a) The Secretary of State shall issue only special plates that have been authorized by the General Assembly. The Secretary of State shall not issue a series of special plates unless applications, as prescribed by the Secretary, have been received for 10,000 plates of that series; except that the Secretary of State may prescribe some other required number of applications if that number is sufficient to pay for the total cost of designing, manufacturing and issuing the special license plate. Where a special plate is authorized by law to raise funds for a specific civic group, charitable entity, or other identified organization, and where the Secretary of State has not received the required number of applications to issue that special plate within 2 years of the effective date of the Public Act authorizing the special plate, the Secretary of State's authority to issue the special plate is nullified.

(b) The Secretary of State, upon issuing a new series of special license plates, shall notify all law enforcement officials of the design, color and other special features of the special license plate series.

(c) This Section shall not apply to the Secretary of State's discretion as established in Section 3-611.

(d) If a law authorizing a special license plate provides that the sponsoring organization is to designate a charitable entity as the recipient of the funds from the sale of that license plate, the designated charitable entity must be in compliance with the registration and reporting requirements of the Charitable Trust Act and the Solicitation for Charity Act. In addition, the charitable entity must annually provide the Secretary of State's office a letter of compliance issued by the Illinois Attorney General's office verifying the entity is in compliance with the Acts.

In the case of a law in effect before the effective date of this amendatory Act of the 97th General Assembly, the name of the charitable entity which is to receive the funds shall be provided to the Secretary of State within one year after the effective date of this amendatory Act of the 97th General Assembly. In the case of a law that takes effect on or after the effective date of this amendatory Act of the 97th General Assembly, the name of the charitable entity which is to receive the funds shall be provided to the Secretary of State within one year after the law takes effect. If the organization fails to designate an appropriate charitable entity within the one-year period, or if the designated charitable entity fails to annually provide the Secretary of State a letter of compliance issued by the Illinois Attorney General's office, any funds collected from the sale of plates authorized for that organization and not previously disbursed shall be transferred to the General Revenue Fund, and the special plates shall be discontinued.

(e) If fewer than 1,000 sets of any special license plate authorized by law and issued by the Secretary of State are actively registered for 2 consecutive calendar years, the Secretary of State may discontinue the issuance of that special license plate.

(f) Where special license plates have been discontinued pursuant to subsection (d) or (e) of this Section, all previously issued plates of that type shall be recalled. Owners of vehicles which were registered with recalled plates shall not be charged a reclassification or registration sticker replacement plate fee upon the issuance of new plates for those vehicles.

(g) Beginning with the 2014 registration year, the provisions of Section 3-600.1 control the issuance and re-issuance of special plates.

(Source: P.A. 97-409, eff. 1-1-12.)

(625 ILCS 5/3-600.1 new)

Sec. 3-600.1. Special plates; issuance and reissuance.

(a) Beginning with the 2014 registration year, an organization may apply to the Secretary of State and the Secretary may authorize the issuance of a new series of special plates. The Secretary shall not issue a series of special plates unless enough applications, as prescribed by the Secretary, have been received to pay for the total cost of designing, manufacturing, and issuing the special license plate. Where a special plate is authorized to raise funds for a specific civic group, charitable entity, or other identified organization, and where the Secretary of State has not received the required number of applications to issue that special plate within 2 years of the Secretary's approval of the special plate, the Secretary may revoke its authorization of the new plate.

(b) The Secretary, upon issuing a new series of special license plates, shall notify all law enforcement officials of the design, color, and other special features of the special license plate series.

(c) Except for as provided under subsection (e), this Section shall not affect the issuance or reissuance of special license plate categories in existence on the effective date of this amendatory Act of the 97th General Assembly, or the Secretary's discretion under Section 3-611 of this Code.

(d) If the Secretary issues a special license plate with a sponsoring organization that is to designate a charitable entity as the recipient of the funds from the sale of that license plate, the designated charitable entity must be in compliance with the registration and reporting requirements of the Charitable Trust Act and the Solicitation for Charity Act. In addition, the charitable entity must annually provide the Secretary of State's office a letter of compliance issued by the Illinois Attorney General's office verifying the entity is in compliance with the Acts. If the organization fails to annually provide the Secretary a letter of compliance issued by the Illinois Attorney General's office, any funds collected from the sale of plates authorized for that organization and not previously disbursed shall be transferred to the General Revenue Fund, and the special plates shall be discontinued.

(e) If fewer than 1,000 sets of any special license plate issued by the Secretary are actively registered for 2 consecutive calendar years, the Secretary may discontinue the issuance of that special license plate.

(f) Where special license plates have been discontinued pursuant to subsection (d) or (e) of this Section, all previously issued plates of that type shall be recalled. Owners of vehicles which were registered with recalled plates shall not be charged a reclassification or registration sticker replacement plate fee upon the issuance of new plates for those vehicles.