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
3everything after the enacting clause with the following:
 
4    "Section 1. Purpose. The General Assembly recognizes the
5desire of many commendable civic organizations and causes to be
6acknowledged by a special license plate and further recognizes
7that the issuance of special license plates may raise funds
8that will benefit these organizations and causes. However, the
9General Assembly also recognizes that the proliferation of
10special license plates in Illinois creates a significant
11challenge to law enforcement officials who are required to be
12familiar with, recognize, read, and record information from
13more than 100 types of special license plates now being issued
14in Illinois. To address this situation, the purpose of this
15amendatory Act of the 99th General Assembly is to authorize the
16issuance of Universal special license plates.
 

 

 

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1    Section 5. The Illinois Vehicle Code is amended by changing
2Section 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
6that have been authorized by the General Assembly. Except as
7provided in subsection (a-5), the The Secretary of State shall
8not issue a series of special plates, or Universal special
9plates associated with an organization authorized to issue
10decals for Universal special plates, unless applications, as
11prescribed by the Secretary, have been received for 2,000
1210,000 plates of that series; except that the Secretary of
13State may prescribe some other required number of applications
14if that number is sufficient to pay for the total cost of
15designing, manufacturing and issuing the special license
16plate. Where a special plate is authorized by law to raise
17funds for a specific civic group, charitable entity, or other
18identified organization, or when the civic group, charitable
19entity, or organization is authorized to issue decals for
20Universal special license plates, and where the Secretary of
21State has not received the required number of applications to
22issue that special plate within 2 years of the effective date
23of the Public Act authorizing the special plate or decal, the
24Secretary of State's authority to issue the special plate or a
25Universal special plate associated with that decal is

 

 

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1nullified. All applications for special plates shall be on a
2form designated by the Secretary and shall be accompanied by
3any civic group's, charitable entity's, or other identified
4fundraising organization's portion of the additional fee
5associated with that plate or decal. All fees collected under
6this Section are non-refundable and shall be deposited in the
7special fund as designated in the enabling legislation,
8regardless of whether the plate or decal is produced. Upon the
9adoption of this amendatory Act of the 99th General Assembly,
10no further special license plates shall be authorized by the
11General Assembly unless that special license plate is
12authorized under subsection (a-5) of this Section.
13    (a-5) If the General Assembly authorizes the issuance of a
14special plate that recognizes the applicant's military service
15or receipt of a military medal or award, the Secretary may
16immediately begin issuing that special plate.
17    (b) The Secretary of State, upon issuing a new series of
18special license plates, shall notify all law enforcement
19officials of the design, color and other special features of
20the special license plate series.
21    (c) This Section shall not apply to the Secretary of
22State's discretion as established in Section 3-611.
23    (d) If a law authorizing a special license plate provides
24that the sponsoring organization is to designate a charitable
25entity as the recipient of the funds from the sale of that
26license plate, the designated charitable entity must be in

 

 

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1compliance with the registration and reporting requirements of
2the Charitable Trust Act and the Solicitation for Charity Act.
3In addition, the charitable entity must annually provide the
4Secretary of State's office a letter of compliance issued by
5the Illinois Attorney General's office verifying the entity is
6in compliance with the Acts.
7    In the case of a law in effect before the effective date of
8this amendatory Act of the 97th General Assembly, the name of
9the charitable entity which is to receive the funds shall be
10provided to the Secretary of State within one year after the
11effective date of this amendatory Act of the 97th General
12Assembly. In the case of a law that takes effect on or after
13the effective date of this amendatory Act of the 97th General
14Assembly, the name of the charitable entity which is to receive
15the funds shall be provided to the Secretary of State within
16one year after the law takes effect. If the organization fails
17to designate an appropriate charitable entity within the
18one-year period, or if the designated charitable entity fails
19to annually provide the Secretary of State a letter of
20compliance issued by the Illinois Attorney General's office,
21any funds collected from the sale of plates authorized for that
22organization and not previously disbursed shall be transferred
23to the General Revenue Fund, and the special plates shall be
24discontinued.
25    (e) If fewer than 1,000 sets of any special license plate
26authorized by law and issued by the Secretary of State are

 

 

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1actively registered for 2 consecutive calendar years, the
2Secretary of State may discontinue the issuance of that special
3license plate or require that special license plate to be
4exchanged for Universal special plates with appropriate
5decals.
6    (f) Where special license plates have been discontinued
7pursuant to subsection (d) or (e) of this Section, or when the
8special license plates are required to be exchanged for
9Universal special plates under subsection (e) of this Section,
10all previously issued plates of that type shall be recalled.
11Owners of vehicles which were registered with recalled plates
12shall not be charged a reclassification or registration sticker
13replacement plate fee upon the issuance of new plates for those
14vehicles.
15    (g) Any special plate that is authorized to be issued for
16motorcycles 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
21Secretary, upon receipt of all applicable fees and applications
22made in the form prescribed by the Secretary, may issue
23Universal special license plates to residents of Illinois on
24behalf of organizations that have been authorized by the
25General Assembly to issue decals for Universal special license

 

 

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1plates. Appropriate documentation, as determined by the
2Secretary, shall accompany each application. Authorized
3organizations shall be designated by amendment to this Section.
4When applying for a Universal special license plate the
5applicant shall inform the Secretary of the name of the
6authorized organization from which the applicant will obtain a
7decal to place on the plate. The Secretary shall make a record
8of that organization and that organization shall remain
9affiliated with that plate until the plate is surrendered,
10revoked, or otherwise cancelled. The authorized organization
11may charge a fee to offset the cost of producing and
12distributing the decal, but that fee shall be retained by the
13authorized organization and shall be separate and distinct from
14any registration fees charged by the Secretary. No decal,
15sticker, or other material may be affixed to a Universal
16special license plate other than a decal authorized by the
17General Assembly in this Section or a registration renewal
18sticker. The special plates issued under this Section shall be
19affixed only to passenger vehicles of the first division,
20including motorcycles and autocycles, or motor vehicles of the
21second division weighing not more than 8,000 pounds. Plates
22issued under this Section shall expire according to the
23multi-year procedure under Section 3-414.1 of this Code.
24    (b) The design, color, and format of the Universal special
25license plate shall be wholly within the discretion of the
26Secretary. Universal special license plates are not required to

 

 

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1designate "Land of Lincoln", as prescribed in subsection (b) of
2Section 3-412 of this Code. The design shall allow for the
3application of a decal to the plate. Organizations authorized
4by the General Assembly to issue decals for Universal special
5license plates shall comply with rules adopted by the Secretary
6governing the requirements for and approval of Universal
7special license plate decals. The Secretary may, in his or her
8discretion, allow Universal special license plates to be issued
9as vanity or personalized plates in accordance with Section
103-405.1 of this Code. The Secretary of State must make a
11version of the special registration plates authorized under
12this Section in a form appropriate for motorcycles and
13autocycles.
14    (c) When authorizing a Universal special license plate, the
15General Assembly shall set forth whether an additional fee is
16to be charged for the plate and, if a fee is to be charged, the
17amount of the fee and how the fee is to be distributed. When
18necessary, the authorizing language shall create a special fund
19in the State treasury into which fees may be deposited for an
20authorized Universal special license plate. Additional fees
21may only be charged if the fee is to be paid over to a State
22agency or to a charitable entity that is in compliance with the
23registration and reporting requirements of the Charitable
24Trust Act and the Solicitation for Charity Act. Any charitable
25entity receiving fees for the sale of Universal special license
26plates shall annually provide the Secretary of State a letter

 

 

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1of compliance issued by the Attorney General verifying that the
2entity is in compliance with the Charitable Trust Act and the
3Solicitation for Charity Act.
4    (d) Upon original issuance and for each registration
5renewal period, in addition to the appropriate registration
6fee, if applicable, the Secretary shall collect any additional
7fees, if required, for issuance of Universal special license
8plates. The fees shall be collected on behalf of the
9organization designated by the applicant when applying for the
10plate. All fees collected shall be transferred to the State
11agency on whose behalf the fees were collected, or paid into
12the special fund designated in the law authorizing the
13organization to issue decals for Universal special license
14plates. All money in the designated fund shall be distributed
15by the Secretary subject to appropriation by the General
16Assembly.
 
17    (625 ILCS 5/3-633 rep.)
18    Section 10. The Illinois Vehicle Code is amended by
19repealing Section 3-633.
 
20    Section 99. Effective date. This Act takes effect July 1,
212016.".