HB2988 97TH GENERAL ASSEMBLY

LRB097 08729 AEK 48858 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB2988

Introduced 2/23/2011, by Rep. Thomas Morrison

SYNOPSIS AS INTRODUCED:

30 ILCS 105/5.786 new
625 ILCS 5/3-696 new

Amends the Illinois Vehicle Code and the State Finance Act. Provides for the issuance of Choose Life license plates. Provides that, in addition to the appropriate registration fees, an applicant for the special plate shall be charged a fee of $25 at original issuance and $25 at renewal. Provides that $15 of the original issuance fee and $2 of the renewal fee shall be deposited into the Secretary of State Special License Plate Fund. Provides that $10 of the additional original issuance fee and $23 of the renewal fee shall be deposited into the Choose Life Fund, a new special fund in the State treasury. Provides that all money in the Choose Life Fund shall be distributed in accordance with a specified formula to all applying qualified non-governmental, not-for-profit agencies whose services include counseling and meeting the material needs of pregnant women who are planning to place their children for adoption and contains other provisions regarding the distribution of money from the Choose Life Fund.

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 State Finance Act is amended by adding Section 5.786 as follows:

(30 ILCS 105/5.786 new)

Sec. 5.786. The Choose Life Fund.

Section 10. The Illinois Vehicle Code is amended by adding Section 3-696 as follows:

(625 ILCS 5/3-696 new)

Sec. 3-696. 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 or unwanted 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 also 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 be distributed on a pro-rated basis at the beginning of each fiscal year to all applying qualified non-governmental, not-for-profit agencies whose services include counseling and meeting the material needs of pregnant women who are planning to place their children for adoption. No moneys may be distributed to organizations described in subsection (f) of this Section. Moneys shall be distributed to the applying qualified agencies in each county in direct proportion to the number of "Choose Life" registrations and renewals attributable to that county. Any unused moneys in excess of 10% of the moneys allocated to a qualified 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 to that county's qualified agencies.

(e) To apply to be determined a qualified agency and receive the moneys available through the Choose Life Fund, an organization must deliver to the Secretary a notarized affidavit signed by a duly appointed representative of the organization under penalties of perjury that states the following is true and correct to the best of his or her knowledge:

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

(2) The organization does not discriminate because of 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) The organization understands and agrees that no more than 60% of the moneys received may be used for the material needs of pregnant women who are planning to place their children for adoption, including, but not limited to, clothing, housing, medical care, food, utilities, and transportation. These moneys may also be expended on birth mothers up to 60 days after delivery and 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, but not limited to counseling, training, and advertising.

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

(8) The organization understands and agrees 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 distribution to that county's qualified applicants.

(9) The organization understands and agrees that each organization that receives funds must submit a notarized annual affidavit attesting the funds 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. Funds may not be distributed to any organization that charges women for any services received.

(g) 60% of the moneys received from the Choose Life Fund may be used for the material needs of pregnant women who are planning to place their children for adoption, including, but not limited to, clothing, housing, medical care, food, utilities, and transportation. These moneys may also be expended on birth mothers up to 60 days after delivery and infants awaiting placement with adoptive parents. Agencies that receive these moneys shall use no more than 40% of the moneys received from the Choose Life Fund to enhance their adoption efforts, including, but not limited to counseling, training, and 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 a notarized annual affidavit attesting the moneys received were used in the manner described in this Section.