HB5883 93RD GENERAL ASSEMBLY

LRB093 21059 DRH 47085 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB5883

Introduced 02/06/04, by Randall M. Hultgren

SYNOPSIS AS INTRODUCED:

30 ILCS 105/5.625 new
625 ILCS 5/3-663 new

Amends the Illinois Vehicle Code and the State Finance Act. Creates the Choose Life Fund as a special fund in the State treasury. Provides for the issuance of special Choose Life license plates. Provides that the Secretary of State shall confer with Illinois Choose Life, Inc. of Illinois regarding the design, color, and format of the plates. Provides that, in addition to normal original issuance and renewal fees, a $25 fee shall be charged for the special plates. Provides that $10 of the additional initial fee and $23 of the additional renewal fee shall be deposited into the Choose Life Fund, and $15 of the additional original fee and $2 of the additional renewal fee shall be deposited into the Secretary of State Special License Plate Fund. Provides that, subject to appropriation by the General Assembly and approval by the Secretary of State, all moneys in the Choose Life Fund shall be distributed on a pro-rated basis at the beginning of each fiscal year to all non-governmental, not-for-profit agencies whose services include counseling and meeting the physical needs of pregnant women who are committed to placing their children for adoption. Establishes additional requirements for use of the moneys in the Fund. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning vehicles.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The State Finance Act is amended by adding Section 5.625 as follows:

(30 ILCS 105/5.625 new)

Sec. 5.625. The Choose Life Fund.

Section 10. The Illinois Vehicle Code is amended by adding Section 3-663 as follows:

(625 ILCS 5/3-663 new)

Sec. 3-663. Choose Life license plates.

(a) The Secretary, upon receipt of an application made in the form prescribed by the Secretary, may issue special registration plates designated as Choose Life license plates to any person who wishes to demonstrate support of organizations that encourage adoption as a positive choice for women with unplanned pregnancies. The special plates issued under this Section shall be affixed only to passenger vehicles of the first division and 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 established by Section 3-414.1 of this Code.

(b) The Secretary shall confer with Illinois Choose Life, Inc. of Illinois regarding the design, color, and format of the plates, which shall carry the words "Choose Life". The Secretary may allow the plates to be issued as vanity plates or personalized plates under Section 3-405.1 of this Code. The Secretary shall prescribe stickers or decals as provided under Section 3-412 of this Code.

(c) An applicant for the special plates shall be charged a $25 fee for original issuance in addition to the appropriate registration fee. Of this $25 fee, $10 shall be deposited into the Choose Life Fund and $15 shall be deposited into the Secretary of State Special License Plate Fund, to be used by the Secretary to help defray the administrative processing costs.

For each registration renewal period, a $25 fee, in addition to the appropriate registration fee, shall be charged. Of this $25 fee, $23 shall be deposited into the Choose Life Fund and $2 shall be deposited into the Secretary of State Special License Plate Fund.

(d) The Choose Life Fund is created as a special fund in the State treasury. All moneys in the Choose Life Fund shall, subject to appropriation by the General Assembly and approval by the Secretary, be distributed on a pro-rated basis at the beginning of each fiscal year to all non-governmental, not-for-profit agencies whose services include counseling and meeting the physical needs of pregnant women who are committed to placing their children for adoption. No moneys may be distributed to organizations described in subsection (f) of this Section. Moneys shall be distributed in direct proportion to the number of "Choose Life" registrations and renewals attributable to each county. Any unused moneys in excess of 10% of the moneys allocated to a non-profit organization shall be returned to the Choose Life Fund at the end of the fiscal year to be aggregated and distributed with the next fiscal year's distributions.

(e) To apply for and receive moneys available through the Choose Life Fund, an organization must deliver to the Secretary an affidavit signed by a duly appointed representative of the organization that states the following:

(1) The organization is a non-profit organization;

(2) The organization does not discriminate for any reason, including but not limited to race, marital status, gender, religion, national origin, handicap, or age;

(3) The organization is committed to counseling pregnant women about the option of adoption;

(4) The organization is not involved or associated with any abortion activities, including counseling for or referrals to abortion clinics, providing medical abortion-related procedures, or pro-abortion advertising;

(5) The organization does not charge women for any services received;

(6) (i) The organization understands that no more than 60% of the moneys received can be used for the material needs of pregnant women who are committed to placing their children for adoption, including clothing, housing, medical care, food, utilities, and transportation. These moneys may also be expended on infants awaiting placement with adoptive parents.

(ii) Agencies that receive these moneys shall use no more than 40% of the moneys received to enhance their adoption efforts, including counseling, training, or advertising;

(7) These moneys may not be used for administrative expenses, legal expenses, or capital expenditures;

(8) The organization understands that any unused moneys at the end of the fiscal year that exceed 10% of the moneys received by the organization during the fiscal year must be returned to the Choose Life Fund to be aggregated and distributed with the next fiscal year's distribution; and

(9) The organization understands that each organization that receives moneys must submit to an annual audit of those moneys verifying that the moneys received were used in the manner described in this Section.

(f) Moneys in the Choose Life Fund may not be distributed to any organization involved or associated with any abortion activities, including counseling for or referrals to abortion clinics, providing medical abortion-related procedures, or pro-abortion advertising. Moneys may not be distributed to any organization that charges women for services received.

(g) Sixty percent of the moneys received from the Choose Life Fund can be used for the material needs of pregnant women who are committed to placing their children for adoption, including clothing, housing, medical care, food, utilities, and transportation. These moneys may also be expended on infants awaiting placement with adoptive parents. Agencies that receive these moneys shall use no more than 40% of the moneys received to enhance their adoption efforts, including counseling, training, or advertising. These moneys may not be used for administrative expenses, legal expenses, or capital expenditures.

(h) Each organization that receives moneys from the Choose Life Fund must submit to an annual audit of those moneys verifying that the moneys received were used in the manner described in this Section.

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