Full Text of HB1081 99th General Assembly
HB1081ham002 99TH GENERAL ASSEMBLY | Rep. John D'Amico Filed: 4/14/2015
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| 1 | | AMENDMENT TO HOUSE BILL 1081
| 2 | | AMENDMENT NO. ______. Amend House Bill 1081 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Purpose. The General Assembly recognizes the | 5 | | desire of many commendable civic organizations and causes to be | 6 | | acknowledged by a special license plate and further recognizes | 7 | | that the issuance of special license plates may raise funds | 8 | | that will benefit these organizations and causes. However, the | 9 | | General Assembly also recognizes that the proliferation of | 10 | | special license plates in Illinois creates a significant | 11 | | challenge to law enforcement officials who are required to be | 12 | | familiar with, recognize, read, and record information from | 13 | | more than 100 types of special license plates now being issued | 14 | | in Illinois. To address this situation, the purpose of this | 15 | | amendatory Act of the 99th General Assembly is to authorize the | 16 | | issuance of Universal special license plates. |
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| 1 | | Section 5. The Illinois Vehicle Code is amended by changing | 2 | | Section 3-600 and by adding Section 3-699.14 as follows:
| 3 | | (625 ILCS 5/3-600) (from Ch. 95 1/2, par. 3-600)
| 4 | | Sec. 3-600. Requirements for issuance of special plates.
| 5 | | (a) The Secretary of State shall issue only special plates | 6 | | that have been authorized by the General Assembly. Except as | 7 | | provided in subsection (a-5), the The Secretary of State shall | 8 | | not issue a series of special plates , or Universal special | 9 | | plates associated with an organization authorized to issue | 10 | | decals for Universal special plates,
unless applications, as | 11 | | prescribed by the Secretary, have been received for 2,000
| 12 | | 10,000 plates of that series ; except that the Secretary of | 13 | | State may
prescribe some other required number of applications | 14 | | if that number is
sufficient to pay for the total cost of | 15 | | designing, manufacturing and
issuing the special license | 16 | | plate . Where a special plate is authorized by law to raise | 17 | | funds for a specific civic group, charitable entity, or other | 18 | | identified organization, or when the civic group, charitable | 19 | | entity, or organization is authorized to issue decals for | 20 | | Universal special license plates, and where the Secretary of | 21 | | State has not received the required number of applications to | 22 | | issue that special plate within 2 years of the effective date | 23 | | of the Public Act authorizing the special plate or decal , the | 24 | | Secretary of State's authority to issue the special plate or a | 25 | | Universal special plate associated with that decal is |
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| 1 | | nullified. All applications for special plates shall be on a | 2 | | form designated by the Secretary and shall be accompanied by | 3 | | any civic group's, charitable entity's, or other identified | 4 | | fundraising organization's portion of the additional fee | 5 | | associated with that plate or decal. All fees collected under | 6 | | this Section are non-refundable and shall be deposited in the | 7 | | special fund as designated in the enabling legislation, | 8 | | regardless of whether the plate or decal is produced. Upon the | 9 | | adoption of this amendatory Act of the 99th General Assembly, | 10 | | no further special license plates shall be authorized by the | 11 | | General Assembly unless that special license plate is | 12 | | authorized under subsection (a-5) of this Section.
| 13 | | (a-5) If the General Assembly authorizes the issuance of a | 14 | | special plate that recognizes the applicant's military service | 15 | | or receipt of a military medal or award, the Secretary may | 16 | | immediately begin issuing that special plate. | 17 | | (b) The Secretary of State, upon issuing a new series of | 18 | | special license
plates, shall notify all law enforcement | 19 | | officials of the design, color and
other special features of | 20 | | the special license plate series.
| 21 | | (c) This Section shall not apply to the
Secretary of | 22 | | State's discretion as established in Section 3-611.
| 23 | | (d) If a law authorizing a special license plate provides | 24 | | that the sponsoring organization is to designate a charitable | 25 | | entity as the recipient of the funds from the sale of that | 26 | | license plate, the designated charitable entity must be in |
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| 1 | | compliance with the registration and reporting requirements of | 2 | | the Charitable Trust Act and the Solicitation for Charity Act. | 3 | | In addition, the charitable entity must annually provide the | 4 | | Secretary of State's office a letter of compliance issued by | 5 | | the Illinois Attorney General's office verifying the entity is | 6 | | in compliance with the Acts. | 7 | | In the case of a law in effect before the effective date of | 8 | | this amendatory Act of the 97th General Assembly, the name of | 9 | | the charitable entity which is to receive the funds shall be | 10 | | provided to the Secretary of State within one year after the | 11 | | effective date of this amendatory Act of the 97th General | 12 | | Assembly. In the case of a law that takes effect on or after | 13 | | the effective date of this amendatory Act of the 97th General | 14 | | Assembly, the name of the charitable entity which is to receive | 15 | | the funds shall be provided to the Secretary of State within | 16 | | one year after the law takes effect. If the organization fails | 17 | | to designate an appropriate charitable entity within the | 18 | | one-year period, or if the designated charitable entity fails | 19 | | to annually provide the Secretary of State a letter of | 20 | | compliance issued by the Illinois Attorney General's office, | 21 | | any funds collected from the sale of plates authorized for that | 22 | | organization and not previously disbursed shall be transferred | 23 | | to the General Revenue Fund, and the special plates shall be | 24 | | discontinued. | 25 | | (e) If fewer than 1,000 sets of any special license plate | 26 | | authorized by law and issued by the Secretary of State are |
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| 1 | | actively registered for 2 consecutive calendar years, the | 2 | | Secretary of State may discontinue the issuance of that special | 3 | | license plate or require that special license plate to be | 4 | | exchanged for Universal special plates with appropriate | 5 | | decals . | 6 | | (f) Where special license plates have been discontinued | 7 | | pursuant to subsection (d) or (e) of this Section, or when the | 8 | | special license plates are required to be exchanged for | 9 | | Universal special plates under subsection (e) of this Section, | 10 | | all previously issued plates of that type shall be recalled. | 11 | | Owners of vehicles which were registered with recalled plates | 12 | | shall not be charged a reclassification or registration sticker | 13 | | replacement plate fee upon the issuance of new plates for those | 14 | | vehicles. | 15 | | (g) Any special plate that is authorized to be issued for | 16 | | motorcycles may also be issued for autocycles. | 17 | | (Source: P.A. 97-409, eff. 1-1-12; 98-777, eff. 1-1-15 .)
| 18 | | (625 ILCS 5/3-699.14 new) | 19 | | Sec. 3-699.14. Universal special license plates. | 20 | | (a) In addition to any other special license plate, the | 21 | | Secretary, upon receipt of all applicable fees and applications | 22 | | made in the form prescribed by the Secretary, may issue | 23 | | Universal special license plates to residents of Illinois on | 24 | | behalf of organizations that have been authorized by the | 25 | | General Assembly to issue decals for Universal special license |
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| 1 | | plates. Appropriate documentation, as determined by the | 2 | | Secretary, shall accompany each application. Authorized | 3 | | organizations shall be designated by amendment to this Section. | 4 | | When applying for a Universal special license plate the | 5 | | applicant shall inform the Secretary of the name of the | 6 | | authorized organization from which the applicant will obtain a | 7 | | decal to place on the plate. The Secretary shall make a record | 8 | | of that organization and that organization shall remain | 9 | | affiliated with that plate until the plate is surrendered, | 10 | | revoked, or otherwise cancelled. The authorized organization | 11 | | may charge a fee to offset the cost of producing and | 12 | | distributing the decal, but that fee shall be retained by the | 13 | | authorized organization and shall be separate and distinct from | 14 | | any registration fees charged by the Secretary. No decal, | 15 | | sticker, or other material may be affixed to a Universal | 16 | | special license plate other than a decal authorized by the | 17 | | General Assembly in this Section or a registration renewal | 18 | | sticker. The special plates issued under this Section shall be | 19 | | affixed only to passenger vehicles of the first division, | 20 | | including motorcycles and autocycles, or motor vehicles of the | 21 | | second division weighing not more than 8,000 pounds. Plates | 22 | | issued under this Section shall expire according to the | 23 | | multi-year procedure under Section 3-414.1 of this Code. | 24 | | (b) The design, color, and format of the Universal special | 25 | | license plate shall be wholly within the discretion of the | 26 | | Secretary. Universal special license plates are not required to |
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| 1 | | designate "Land of Lincoln", as prescribed in subsection (b) of | 2 | | Section 3-412 of this Code. The design shall allow for the | 3 | | application of a decal to the plate. Organizations authorized | 4 | | by the General Assembly to issue decals for Universal special | 5 | | license plates shall comply with rules adopted by the Secretary | 6 | | governing the requirements for and approval of Universal | 7 | | special license plate decals. The Secretary may, in his or her | 8 | | discretion, allow Universal special license plates to be issued | 9 | | as vanity or personalized plates in accordance with Section | 10 | | 3-405.1 of this Code. The Secretary of State must make a | 11 | | version of the special registration plates authorized under | 12 | | this Section in a form appropriate for motorcycles and | 13 | | autocycles. | 14 | | (c) When authorizing a Universal special license plate, the | 15 | | General Assembly shall set forth whether an additional fee is | 16 | | to be charged for the plate and, if a fee is to be charged, the | 17 | | amount of the fee and how the fee is to be distributed. When | 18 | | necessary, the authorizing language shall create a special fund | 19 | | in the State treasury into which fees may be deposited for an | 20 | | authorized Universal special license plate. Additional fees | 21 | | may only be charged if the fee is to be paid over to a State | 22 | | agency or to a charitable entity that is in compliance with the | 23 | | registration and reporting requirements of the Charitable | 24 | | Trust Act and the Solicitation for Charity Act. Any charitable | 25 | | entity receiving fees for the sale of Universal special license | 26 | | plates shall annually provide the Secretary of State a letter |
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| 1 | | of compliance issued by the Attorney General verifying that the | 2 | | entity is in compliance with the Charitable Trust Act and the | 3 | | Solicitation for Charity Act. | 4 | | (d) Upon original issuance and for each registration | 5 | | renewal period, in addition to the appropriate registration | 6 | | fee, if applicable, the Secretary shall collect any additional | 7 | | fees, if required, for issuance of Universal special license | 8 | | plates. The fees shall be collected on behalf of the | 9 | | organization designated by the applicant when applying for the | 10 | | plate. All fees collected shall be transferred to the State | 11 | | agency on whose behalf the fees were collected, or paid into | 12 | | the special fund designated in the law authorizing the | 13 | | organization to issue decals for Universal special license | 14 | | plates. All money in the designated fund shall be distributed | 15 | | by the Secretary subject to appropriation by the General | 16 | | Assembly.
| 17 | | (625 ILCS 5/3-633 rep.)
| 18 | | Section 10. The Illinois Vehicle Code is amended by | 19 | | repealing Section 3-633.
| 20 | | Section 99. Effective date. This Act takes effect July 1, | 21 | | 2016.".
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