HB1494 101ST GENERAL ASSEMBLY

LRB101 07201 TAE 52239 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB1494

Introduced , by Rep. Chris Miller

SYNOPSIS AS INTRODUCED:

625 ILCS 5/3-407.5 new
625 ILCS 5/3-506
625 ILCS 5/3-699.17 new
625 ILCS 5/3-802	from Ch. 95 1/2, par. 3-802
625 ILCS 5/3-806.3	from Ch. 95 1/2, par. 3-806.3

Amends the Illinois Vehicle Code. Provides for the issuance of a 90-day permit to operate a motor vehicle that was donated to a not-for-profit organization for the purpose of donating the motor vehicle to a low-income individual. Provides that no more than 2 permits may be issued for any one vehicle. Provides that a vehicle may be operated with the temporary permit only for specific purposes. Provides that an applicant shall provide proof of the not-for-profit status organization and proof of liability insurance covering the vehicle. Provides that the not-for-profit shall assume all liability for the operation of the vehicle upon accepting the donation. Provides that the vehicle shall meet registration requirements to qualify for a temporary permit. Provides that a copy of the permit shall be kept inside the vehicle at all times. Provides for the issuance of Global War on Terrorism license plates to residents who have earned the Global War on Terrorism Expeditionary Medal. Provides that the surviving spouse of a military service member who has been issued a Global War on Terrorism license plate may retain the plate so long as the spouse is a resident of Illinois and transfers the registration to his or her name within 180 days of the death of the service member. Provides that an individual may reclass his or her registration or plate upon acquiring a Global War on Terrorism license plate without a replacement plate fee or registration sticker cost. Provides that a vehicle owner who has been approved for benefits under the Senior Citizens and Persons with Disabilities Property Tax Relief Act or who is the spouse of such a person shall pay a $24 registration fee for vehicles displaying a Global War on Terrorism license plate. Effective immediately.

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 Sections 3-506, 3-802, and 3-806.3 and by adding Sections 3-407.5 and 3-699.17 as follows:

(625 ILCS 5/3-407.5 new)

Sec. 3-407.5. Temporary permit for charitable not-for-profit organization.

(a) Any charitable not-for-profit organization that is exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code and engaged in the maintenance and repair of motor vehicles may make application to the Secretary for a temporary permit to operate a motor vehicle that was donated to the not-for-profit organization for the purpose of donating the motor vehicle to a low-income individual.

(b) A permit issued under this Section shall be valid for a period of 90 days. No more than 2 permits may be issued under this Section for any one vehicle. A vehicle may be operated with the temporary permit only for purposes of delivering the vehicle to a not-for-profit organization, moving the vehicle for maintenance or repairs, or delivering the vehicle to a low-income individual.

(c) An applicant for the temporary permit shall provide the Secretary proof of the not-for-profit status of the organization, along with a document signed by the donor and the not-for-profit organization expressly stating that the vehicle is being donated to the not-for-profit organization by the donor, and the not-for-profit organization assumes all liability for the operation of the vehicle upon accepting the donation. This form must identify the vehicle by make, model, year, and vehicle identification number. An applicant for the temporary permit shall also provide the Secretary with proof of liability insurance covering the vehicle in at least the minimum amounts set forth in Article VI of Chapter 7. The donated motor vehicle shall meet the requirements for registration under Chapter 3 of this Code to qualify for a temporary permit under this Section. A copy of the permit shall be kept inside the motor vehicle at all times.

(d) The Secretary may adopt any rules necessary to implement this Section.

(625 ILCS 5/3-506)

Sec. 3-506. Transfer of plates to spouses of military service members. Upon the death of a military service member who has been issued a special plate under Section 3-609.1, 3-620, 3-621, 3-622, 3-623, 3-624, 3-625, 3-626, 3-628, 3-638, 3-642, 3-645, 3-647, 3-650, 3-651, 3-666, 3-667, 3-668, 3-669, 3-676, 3-677, 3-680, 3-681, 3-683, 3-686, 3-688, 3-693, 3-698, or 3-699.12, or 3-699.17 of this Code, the surviving spouse of that service member may retain the plate so long as that spouse is a resident of Illinois and transfers the registration to his or her name within 180 days of the death of the service member.

For the purposes of this Section, "service member" means any individual who is serving or has served in any branch of the United States Armed Forces, including the National Guard or other reserve components of the Armed Forces, and has been issued a special plate listed in this Section.

(Source: P.A. 99-805, eff. 1-1-17; 100-201, eff. 8-18-17.)

(625 ILCS 5/3-699.17 new)

Sec. 3-699.17. Global War on Terrorism license plates.

(a) In addition to any other special license plate, the Secretary, upon receipt of all applicable fees and applications made in the form prescribed by the Secretary, may issue Global War on Terrorism license plates to residents of this State who have earned the Global War on Terrorism Expeditionary Medal from the United States Armed Forces. The special Global War on Terrorism plates issued under this Section shall be affixed only to passenger vehicles of the first division, including motorcycles, or motor vehicles of the second division weighing not more than 8,000 pounds. Plates issued under this Section shall expire according to the multi-year procedure under Section 3-414.1 of this Code.

(b) The design, color, and format of the Global War on Terrorism license plate shall be wholly within the discretion of the Secretary. The Secretary may, in his or her discretion, allow the Global War on Terrorism license plates to be issued as vanity or personalized plates in accordance with Section 3-405.1 of this Code. Global War on Terrorism license plates are not required to designate "Land of Lincoln", as prescribed in subsection (b) of Section 3-412 of this Code. The Secretary shall, in his or her discretion, approve and prescribe stickers or decals as provided under Section 3-412.

(625 ILCS 5/3-802) (from Ch. 95 1/2, par. 3-802)

Sec. 3-802. Reclassifications and upgrades.

(a) Definitions. For the purposes of this Section, the following words shall have the meanings ascribed to them as follows:

"Reclassification" means changing the registration of a vehicle from one plate category to another.

"Upgrade" means increasing the registered weight of a vehicle within the same plate category.

(b) When reclassing the registration of a vehicle from one plate category to another, the owner shall receive credit for the unused portion of the present plate and be charged the current portion fees for the new plate. In addition, the appropriate replacement plate and replacement sticker fees shall be assessed.

(b-5) Beginning with the 2019 registration year, any individual who has a registration issued under either Section 3-405 or 3-405.1 that qualifies for a special license plate under Section 3-609, 3-609.1, 3-620, 3-621, 3-622, 3-623, 3-624, 3-625, 3-626, 3-628, 3-638, 3-642, 3-645, 3-647, 3-650, 3-651, 3-664, 3-666, 3-667, 3-668, 3-669, 3-676, 3-677, 3-680, 3-681, 3-683, 3-686, 3-688, 3-693, 3-698, or 3-699.12, or 3-699.17 may reclass his or her registration upon acquiring a special license plate listed in this subsection (b-5) without a replacement plate fee or registration sticker cost.

(b-10) Beginning with the 2019 registration year, any individual who has a special license plate issued under Section 3-609, 3-609.1, 3-620, 3-621, 3-622, 3-623, 3-624, 3-625, 3-626, 3-628, 3-638, 3-642, 3-645, 3-647, 3-650, 3-651, 3-664, 3-666, 3-667, 3-668, 3-669, 3-676, 3-677, 3-680, 3-681, 3-683, 3-686, 3-688, 3-693, 3-698, or 3-699.12, or 3-699.17 may reclass his or her special license plate upon acquiring a new registration under Section 3-405 or 3-405.1 without a replacement plate fee or registration sticker cost.

(c) When upgrading the weight of a registration within the same plate category, the owner shall pay the difference in current period fees between the two plates. In addition, the appropriate replacement plate and replacement sticker fees shall be assessed. In the event new plates are not required, the corrected registration card fee shall be assessed.

(d) In the event the owner of the vehicle desires to change the registered weight and change the plate category, the owner shall receive credit for the unused portion of the registration fee of the current plate and pay the current portion of the registration fee for the new plate, and in addition, pay the appropriate replacement plate and replacement sticker fees.

(e) Reclassing from one plate category to another plate category can be done only once within any registration period.

(f) No refunds shall be made in any of the circumstances found in subsection (b), subsection (c), or subsection (d); however, when reclassing from a flat weight plate to an apportioned plate, a refund may be issued if the credit amounts to an overpayment.

(g) In the event the registration of a vehicle registered under the mileage tax option is revoked, the owner shall be required to pay the annual registration fee in the new plate category and shall not receive any credit for the mileage plate fees.

(h) Certain special interest plates may be displayed on first division vehicles, second division vehicles weighing 8,000 pounds or less, and recreational vehicles. Those plates can be transferred within those vehicle groups.

(i) Plates displayed on second division vehicles weighing 8,000 pounds or less and passenger vehicle plates may be reclassed from one division to the other.

(j) Other than in subsection (i), reclassing from one division to the other division is prohibited. In addition, a reclass from a motor vehicle to a trailer or a trailer to a motor vehicle is prohibited.

(Source: P.A. 99-809, eff. 1-1-17; 100-246, eff. 1-1-18; 100-450, eff. 1-1-18; 100-863, eff. 8-14-18.)

(625 ILCS 5/3-806.3) (from Ch. 95 1/2, par. 3-806.3)

Sec. 3-806.3. Senior citizens. Commencing with the 2009 registration year, the registration fee paid by any vehicle owner who has been approved for benefits under the Senior Citizens and Persons with Disabilities Property Tax Relief Act or who is the spouse of such a person shall be $24 instead of the fee otherwise provided in this Code for passenger cars displaying standard multi-year registration plates issued under Section 3-414.1, motor vehicles displaying special registration plates issued under Section 3-609, 3-616, 3-621, 3-622, 3-623, 3-624, 3-625, 3-626, 3-628, 3-638, 3-642, 3-645, 3-647, 3-650, 3-651, or 3-663, or 3-699.17, motor vehicles registered at 8,000 pounds or less under Section 3-815(a), and recreational vehicles registered at 8,000 pounds or less under Section 3-815(b). Widows and widowers of claimants shall also be entitled to this reduced registration fee for the registration year in which the claimant was eligible.

Commencing with the 2009 registration year, the registration fee paid by any vehicle owner who has claimed and received a grant under the Senior Citizens and Persons with Disabilities Property Tax Relief Act or who is the spouse of such a person shall be $24 instead of the fee otherwise provided in this Code for passenger cars displaying standard multi-year registration plates issued under Section 3-414.1, motor vehicles displaying special registration plates issued under Section 3-607, 3-609, 3-616, 3-621, 3-622, 3-623, 3-624, 3-625, 3-626, 3-628, 3-638, 3-642, 3-645, 3-647, 3-650, 3-651, 3-663, or 3-664, or 3-699.17, motor vehicles registered at 8,000 pounds or less under Section 3-815(a), and recreational vehicles registered at 8,000 pounds or less under Section 3-815(b). Widows and widowers of claimants shall also be entitled to this reduced registration fee for the registration year in which the claimant was eligible.

Commencing with the 2017 registration year, the reduced fee under this Section shall apply to any special registration plate authorized in Article VI of Chapter 3 of this Code for which the applicant would otherwise be eligible.

Surcharges for vehicle registrations under Section 3-806 of this Code shall not be collected from any vehicle owner who has been approved for benefits under the Senior Citizens and Disabled Persons Property Tax Relief Act or a person who is the spouse of such a person.

No more than one reduced registration fee under this Section shall be allowed during any 12-month period based on the primary eligibility of any individual, whether such reduced registration fee is allowed to the individual or to the spouse, widow or widower of such individual. This Section does not apply to the fee paid in addition to the registration fee for motor vehicles displaying vanity, personalized, or special license plates.

(Source: P.A. 99-71, eff. 1-1-16; 99-143, eff. 7-27-15; 99-642, eff. 7-28-16; 99-707, eff. 7-29-16.)

Section 99. Effective date. This Act takes effect upon becoming law.