Illinois General Assembly - Full Text of SB1505
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Full Text of SB1505  100th General Assembly

SB1505ham002 100TH GENERAL ASSEMBLY

Rep. Tim Butler

Filed: 5/24/2017

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1505

2    AMENDMENT NO. ______. Amend Senate Bill 1505 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The State Finance Act is amended by adding
5Section 5.878 as follows:
 
6    (30 ILCS 105/5.878 new)
7    Sec. 5.878. The Illinois Chamber of Commerce Foundation
8Fund.
 
9    Section 10. The Illinois Vehicle Code is amended by
10changing Sections 3-600 and 3-699.14 as follows:
 
11    (625 ILCS 5/3-600)  (from Ch. 95 1/2, par. 3-600)
12    Sec. 3-600. Requirements for issuance of special plates.
13    (a) The Secretary of State shall issue only special plates
14that have been authorized by the General Assembly. Except as

 

 

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1provided in subsections subsection (a-5) and (a-7), the
2Secretary of State shall not issue a series of special plates,
3or Universal special plates associated with an organization
4authorized to issue decals for Universal special plates, unless
5applications, as prescribed by the Secretary, have been
6received for 2,000 plates of that series. Where a special plate
7is authorized by law to raise funds for a specific civic group,
8charitable entity, or other identified organization, or when
9the civic group, charitable entity, or organization is
10authorized to issue decals for Universal special license
11plates, and where the Secretary of State has not received the
12required number of applications to issue that special plate
13within 2 years of the effective date of the Public Act
14authorizing the special plate or decal, the Secretary of
15State's authority to issue the special plate or a Universal
16special plate associated with that decal is nullified. All
17applications for special plates shall be on a form designated
18by the Secretary and shall be accompanied by any civic group's,
19charitable entity's, or other identified fundraising
20organization's portion of the additional fee associated with
21that plate or decal. All fees collected under this Section are
22non-refundable and shall be deposited in the special fund as
23designated in the enabling legislation, regardless of whether
24the plate or decal is produced. Upon the adoption of this
25amendatory Act of the 99th General Assembly, no further special
26license plates shall be authorized by the General Assembly

 

 

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1unless that special license plate is authorized under
2subsection (a-5) of this Section.
3    (a-5) If the General Assembly authorizes the issuance of a
4special plate that recognizes the applicant's military service
5or receipt of a military medal or award, the Secretary may
6immediately begin issuing that special plate.
7    (a-7) If the General Assembly authorizes the issuance of
8Universal special plates for the Illinois Chamber of Commerce
9Foundation for State Bicentennial decals under paragraph (3) of
10subsection (e) of Section 3-699.14 of this Code, the Secretary
11may immediately begin issuing the Universal special plates.
12    (b) The Secretary of State, upon issuing a new series of
13special license plates, shall notify all law enforcement
14officials of the design, color and other special features of
15the special license plate series.
16    (c) This Section shall not apply to the Secretary of
17State's discretion as established in Section 3-611.
18    (d) If a law authorizing a special license plate provides
19that the sponsoring organization is to designate a charitable
20entity as the recipient of the funds from the sale of that
21license plate, the designated charitable entity must be in
22compliance with the registration and reporting requirements of
23the Charitable Trust Act and the Solicitation for Charity Act.
24In addition, the charitable entity must annually provide the
25Secretary of State's office a letter of compliance issued by
26the Illinois Attorney General's office verifying the entity is

 

 

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

 

 

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1    (f) Where special license plates have been discontinued
2pursuant to subsection (d) or (e) of this Section, or when the
3special license plates are required to be exchanged for
4Universal special plates under subsection (e) of this Section,
5all previously issued plates of that type shall be recalled.
6Owners of vehicles which were registered with recalled plates
7shall not be charged a reclassification or registration sticker
8replacement plate fee upon the issuance of new plates for those
9vehicles.
10    (g) Any special plate that is authorized to be issued for
11motorcycles may also be issued for autocycles.
12(Source: P.A. 98-777, eff. 1-1-15; 99-483, eff. 7-1-16.)
 
13    (625 ILCS 5/3-699.14)
14    Sec. 3-699.14. Universal special license plates.
15    (a) In addition to any other special license plate, the
16Secretary, upon receipt of all applicable fees and applications
17made in the form prescribed by the Secretary, may issue
18Universal special license plates to residents of Illinois on
19behalf of organizations that have been authorized by the
20General Assembly to issue decals for Universal special license
21plates. Appropriate documentation, as determined by the
22Secretary, shall accompany each application. Authorized
23organizations shall be designated by amendment to this Section.
24When applying for a Universal special license plate the
25applicant shall inform the Secretary of the name of the

 

 

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1authorized organization from which the applicant will obtain a
2decal to place on the plate. The Secretary shall make a record
3of that organization and that organization shall remain
4affiliated with that plate until the plate is surrendered,
5revoked, or otherwise cancelled. The authorized organization
6may charge a fee to offset the cost of producing and
7distributing the decal, but that fee shall be retained by the
8authorized organization and shall be separate and distinct from
9any registration fees charged by the Secretary. No decal,
10sticker, or other material may be affixed to a Universal
11special license plate other than a decal authorized by the
12General Assembly in this Section or a registration renewal
13sticker. The special plates issued under this Section shall be
14affixed only to passenger vehicles of the first division,
15including motorcycles and autocycles, or motor vehicles of the
16second division weighing not more than 8,000 pounds. Plates
17issued under this Section shall expire according to the
18multi-year procedure under Section 3-414.1 of this Code.
19    (b) The design, color, and format of the Universal special
20license plate shall be wholly within the discretion of the
21Secretary. Universal special license plates are not required to
22designate "Land of Lincoln", as prescribed in subsection (b) of
23Section 3-412 of this Code. The design shall allow for the
24application of a decal to the plate. Organizations authorized
25by the General Assembly to issue decals for Universal special
26license plates shall comply with rules adopted by the Secretary

 

 

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1governing the requirements for and approval of Universal
2special license plate decals. The Secretary may, in his or her
3discretion, allow Universal special license plates to be issued
4as vanity or personalized plates in accordance with Section
53-405.1 of this Code. The Secretary of State must make a
6version of the special registration plates authorized under
7this Section in a form appropriate for motorcycles and
8autocycles.
9    (c) When authorizing a Universal special license plate, the
10General Assembly shall set forth whether an additional fee is
11to be charged for the plate and, if a fee is to be charged, the
12amount of the fee and how the fee is to be distributed. When
13necessary, the authorizing language shall create a special fund
14in the State treasury into which fees may be deposited for an
15authorized Universal special license plate. Additional fees
16may only be charged if the fee is to be paid over to a State
17agency or to a charitable entity that is in compliance with the
18registration and reporting requirements of the Charitable
19Trust Act and the Solicitation for Charity Act. Any charitable
20entity receiving fees for the sale of Universal special license
21plates shall annually provide the Secretary of State a letter
22of compliance issued by the Attorney General verifying that the
23entity is in compliance with the Charitable Trust Act and the
24Solicitation for Charity Act.
25    (d) Upon original issuance and for each registration
26renewal period, in addition to the appropriate registration

 

 

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1fee, if applicable, the Secretary shall collect any additional
2fees, if required, for issuance of Universal special license
3plates. The fees shall be collected on behalf of the
4organization designated by the applicant when applying for the
5plate. All fees collected shall be transferred to the State
6agency on whose behalf the fees were collected, or paid into
7the special fund designated in the law authorizing the
8organization to issue decals for Universal special license
9plates. All money in the designated fund shall be distributed
10by the Secretary subject to appropriation by the General
11Assembly.
12    (e) The following organizations may issue decals for
13Universal special license plates with the original and renewal
14fees and fee distribution as follows:
15        (1) The Illinois Department of Natural Resources.
16            (A) Original issuance: $25; with $10 to the
17        Roadside Monarch Habitat Fund and $15 to the Secretary
18        of State Special Plate Fund.
19            (B) Renewal: $25; with $23 to the Roadside Monarch
20        Habitat Fund and $2 to the Secretary of State Special
21        Plate Fund.
22        (2) (1) Illinois Veterans' Homes.
23            (A) Original issuance: $26, which shall be
24        deposited into the Illinois Veterans' Homes Fund.
25            (B) Renewal: $26, which shall be deposited into the
26        Illinois Veterans' Homes Fund.

 

 

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1        (3) The Illinois Chamber of Commerce Foundation for
2    State Bicentennial decals.
3            (A) Original issuance: $25; with $10 to the
4        Illinois Chamber of Commerce Foundation Fund and $15 to
5        the Secretary of State Special Plate Fund.
6            (B) Renewal: $25; with $23 to the Illinois Chamber
7        of Commerce Foundation Fund and $2 to the Secretary of
8        State Special Plate Fund.
9    (f) The following funds are created as special funds in the
10State treasury:
11        (1) The Roadside Monarch Habitat Fund. All moneys to be
12    paid as grants to the Illinois Department of Natural
13    Resources to fund roadside monarch and other pollinator
14    habitat development, enhancement, and restoration projects
15    in this State.
16        (2) The Illinois Chamber of Commerce Foundation Fund.
17    All moneys to be paid as grants to the Illinois Chamber of
18    Commerce to promote the celebration of the 200th
19    anniversary of Illinois' statehood and to promote Illinois
20    tourism.
21(Source: P.A. 99-483, eff. 7-1-16; 99-723, eff. 8-5-16; 99-814,
22eff. 1-1-17; revised 9-12-16.)".