SB2130eng 94TH GENERAL ASSEMBLY



 


 
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1     AN ACT concerning vehicles.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The State Finance Act is amended by changing
5 Section 8h and adding Section 5.663 as follows:
 
6     (30 ILCS 105/5.663 new)
7     Sec. 5.663. The Support Our Troops Fund.
 
8     (30 ILCS 105/8h)
9     Sec. 8h. Transfers to General Revenue Fund.
10     (a) Except as provided in subsection (b), notwithstanding
11 any other State law to the contrary, the Governor may, through
12 June 30, 2007, from time to time direct the State Treasurer and
13 Comptroller to transfer a specified sum from any fund held by
14 the State Treasurer to the General Revenue Fund in order to
15 help defray the State's operating costs for the fiscal year.
16 The total transfer under this Section from any fund in any
17 fiscal year shall not exceed the lesser of (i) 8% of the
18 revenues to be deposited into the fund during that fiscal year
19 or (ii) an amount that leaves a remaining fund balance of 25%
20 of the July 1 fund balance of that fiscal year. In fiscal year
21 2005 only, prior to calculating the July 1, 2004 final
22 balances, the Governor may calculate and direct the State
23 Treasurer with the Comptroller to transfer additional amounts
24 determined by applying the formula authorized in Public Act
25 93-839 to the funds balances on July 1, 2003. No transfer may
26 be made from a fund under this Section that would have the
27 effect of reducing the available balance in the fund to an
28 amount less than the amount remaining unexpended and unreserved
29 from the total appropriation from that fund estimated to be
30 expended for that fiscal year. This Section does not apply to
31 any funds that are restricted by federal law to a specific use,

 

 

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1 to any funds in the Motor Fuel Tax Fund, the Intercity
2 Passenger Rail Fund, the Hospital Provider Fund, the Medicaid
3 Provider Relief Fund, the Teacher Health Insurance Security
4 Fund, the Reviewing Court Alternative Dispute Resolution Fund,
5 or the Voters' Guide Fund, the Foreign Language Interpreter
6 Fund, the Lawyers' Assistance Program Fund, the Supreme Court
7 Federal Projects Fund, the Supreme Court Special State Projects
8 Fund, or the Low-Level Radioactive Waste Facility Development
9 and Operation Fund, or the Hospital Basic Services Preservation
10 Fund, or to any funds to which subsection (f) of Section 20-40
11 of the Nursing and Advanced Practice Nursing Act applies. No
12 transfers may be made under this Section from the Pet
13 Population Control Fund. Notwithstanding any other provision
14 of this Section, for fiscal year 2004, the total transfer under
15 this Section from the Road Fund or the State Construction
16 Account Fund shall not exceed the lesser of (i) 5% of the
17 revenues to be deposited into the fund during that fiscal year
18 or (ii) 25% of the beginning balance in the fund. For fiscal
19 year 2005 through fiscal year 2007, no amounts may be
20 transferred under this Section from the Road Fund, the State
21 Construction Account Fund, the Criminal Justice Information
22 Systems Trust Fund, the Wireless Service Emergency Fund, or the
23 Mandatory Arbitration Fund.
24     In determining the available balance in a fund, the
25 Governor may include receipts, transfers into the fund, and
26 other resources anticipated to be available in the fund in that
27 fiscal year.
28     The State Treasurer and Comptroller shall transfer the
29 amounts designated under this Section as soon as may be
30 practicable after receiving the direction to transfer from the
31 Governor.
32     (b) This Section does not apply to: (i) the Ticket For The
33 Cure Fund; (ii) or to any fund established under the Community
34 Senior Services and Resources Act; or (iii) (ii) on or after
35 January 1, 2006 (the effective date of Public Act 94-511) this
36 amendatory Act of the 94th General Assembly, the Child Labor

 

 

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1 and Day and Temporary Labor Enforcement Fund.
2     (c) This Section does not apply to the Demutualization
3 Trust Fund established under the Uniform Disposition of
4 Unclaimed Property Act.
5     (d) (c) This Section does not apply to moneys set aside in
6 the Illinois State Podiatric Disciplinary Fund for podiatric
7 scholarships and residency programs under the Podiatric
8 Scholarship and Residency Act.
9     (e) This Section does not apply to moneys deposited into
10 the Support Our Troops Fund.
11 (Source: P.A. 93-32, eff. 6-20-03; 93-659, eff. 2-3-04; 93-674,
12 eff. 6-10-04; 93-714, eff. 7-12-04; 93-801, eff. 7-22-04;
13 93-839, eff. 7-30-04; 93-1054, eff. 11-18-04; 93-1067, eff.
14 1-15-05; 94-91, eff. 7-1-05; 94-120, eff. 7-6-05; 94-511, eff.
15 1-1-06; 94-535, eff. 8-10-05; 94-639, eff. 8-22-05; 94-645,
16 eff. 8-22-05; 94-648, eff. 1-1-06; 94-686, eff. 11-2-05;
17 94-691, eff. 11-2-05; 94-726, eff. 1-20-06; revised 1-23-06.)
 
18     Section 10. The Illinois Vehicle Code is amended by adding
19 Section 3-664 as follows:
 
20     (625 ILCS 5/3-664 new)
21     Sec. 3-664. Support Our Troops license plates.
22     (a) The Secretary, upon receipt of all applicable fees and
23 applications made in the form prescribed by the Secretary, may
24 issue special registration plates designated as Support Our
25 Troops license plates. The special plates issued under this
26 Section shall be affixed only to passenger vehicles of the
27 first division or motor vehicles of the second division
28 weighing not more than 8,000 pounds. Plates issued under this
29 Section shall expire according to the multi-year procedure
30 established by Section 3-414.1 of this Code.
31     (b) The design and color of the special plates shall be
32 wholly within the discretion of the Secretary, except that the
33 phrase "Support Our Troops" and an emblem of a soldier and
34 child shall be on the plates. The Secretary may, in his or her

 

 

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1 discretion, allow the plates to be issued as vanity or
2 personalized plates in accordance with Section 3-405.1 of this
3 Code. The plates are not required to designate "Land of
4 Lincoln", as prescribed in subsection (b) of Section 3-412 of
5 this Code. The Secretary, in his or her discretion, shall
6 approve and prescribe stickers or decals as provided under
7 Section 3-412.
8     (c) An applicant for the special plate shall be charged a
9 $40 fee for original issuance in addition to the appropriate
10 registration fee. Of this fee, $25 shall be deposited into the
11 Support Our Troops Fund and $15 shall be deposited into the
12 Secretary of State Special License Plate Fund to be used by the
13 Secretary to help defray the administrative processing costs.
14 For each registration renewal period, a $27 fee, in addition to
15 the appropriate registration fee, shall be charged. Of this
16 fee, $25 shall be deposited into the Support Our Troops Fund
17 and $2 shall be deposited into the Secretary of State Special
18 License Plate Fund.
19     (d) The Support Our Troops Fund is created as a special
20 fund in the State treasury. All moneys in the Support Our
21 Troops Fund shall be paid, subject to appropriation by the
22 General Assembly and approval by the Secretary, as grants to
23 Illinois Support Our Troops, Inc., a not-for-profit public
24 purpose charity under Internal Revenue Code Section 501(c)(3),
25 for charitable assistance to the troops and their families in
26 accordance with its Articles of Incorporation.
 
27     Section 99. Effective date. This Act takes effect upon
28 becoming law.