Public Act 099-0166
 
SB1641 EnrolledLRB099 07957 RJF 28097 b

    AN ACT concerning the Secretary of State.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The State Salary and Annuity Withholding Act is
amended by changing Sections 4 and 8 as follows:
 
    (5 ILCS 365/4)  (from Ch. 127, par. 354)
    Sec. 4. Authorization of withholding. An employee or
annuitant may authorize the withholding of a portion of his
salary, wages, or annuity for any one or more of the following
purposes:
        (1) for purchase of United States Savings Bonds;
        (2) for payment of premiums on life or accident and
    health insurance as defined in Section 4 of the "Illinois
    Insurance Code", approved June 29, 1937, as amended, and
    for payment of premiums on policies of automobile insurance
    as defined in Section 143.13 of the "Illinois Insurance
    Code", as amended, and the personal multiperil coverages
    commonly known as homeowner's insurance. However, no
    portion of salaries, wages or annuities may be withheld to
    pay premiums on automobile, homeowner's, life or accident
    and health insurance policies issued by any one insurance
    company or insurance service company unless a minimum of
    100 employees or annuitants insured by that company
    authorize the withholding by an Office within 6 months
    after such withholding begins. If such minimum is not
    satisfied the Office may discontinue withholding for such
    company. For any insurance company or insurance service
    company which has not previously had withholding, the
    Office may allow withholding for premiums, where less than
    100 policies have been written, to cover a probationary
    period. An insurance company which has discontinued
    withholding may reinstate it upon presentation of facts
    indicating new management or re-organization satisfactory
    to the Office;
        (3) for payment to any labor organization designated by
    the employee;
        (4) for payment of dues to any association the
    membership of which consists of State employees and former
    State employees;
        (5) for deposit in any credit union, in which State
    employees are within the field of membership as a result of
    their employment;
        (6) for payment to or for the benefit of an institution
    of higher education by an employee of that institution;
        (7) for payment of parking fees at the underground
    facility located south of the William G. Stratton State
    Office Building in Springfield, the parking ramp located at
    401 South College Street, west of the William G. Stratton
    State Office Building in Springfield, or at the parking
    facilities located on the Urbana-Champaign campus of the
    University of Illinois;
        (8) for voluntary payment to the State of Illinois of
    amounts then due and payable to the State;
        (9) for investment purchases made as a participant in
    College Savings Programs established pursuant to Section
    30-15.8a of the School Code;
        (10) for voluntary payment to the Illinois Department
    of Revenue of amounts due or to become due under the
    Illinois Income Tax Act;
        (11) for payment of optional contributions to a
    retirement system subject to the provisions of the Illinois
    Pension Code;
        (12) for contributions to organizations found
    qualified by the State Comptroller under the requirements
    set forth in the Voluntary Payroll Deductions Act of 1983;
        (13) for payment of fringe benefit contributions to
    employee benefit trust funds (whether such employee
    benefit trust funds are governed by the Employee Retirement
    Income Security Act of 1974, as amended, 29 U.S.C. §1001 et
    seq. or not) for State contractual employees hired through
    labor organizations and working pursuant to a signed
    agreement between a labor organization and a State agency,
    whether subject to the Illinois Prevailing Wage Act or not;
    this item (13) is not intended to limit employee benefit
    trust funds and the contributions to be made thereto to be
    limited to those which are encompassed for purposes of
    computing the prevailing wage in any particular locale, but
    rather such employee benefit trusts are intended to include
    contributions to be made to such funds that are intended to
    assist in training, building and maintenance, industry
    advancement, and the like, including but not limited to
    those benefit trust funds such as pension and welfare that
    are normally computed in the prevailing wage rates and
    which otherwise would be subject to contribution
    obligations by private employers that are signatory to
    agreements with labor organizations;
        (14) for voluntary payment as part of the Illinois
    Gives Initiative under Section 26 of the State Comptroller
    Act; or .
        (15) for payment of parking fees at the underground
    facility located south of the William G. Stratton State
    Office Building in Springfield or the parking ramp located
    at 401 South College Street, west of the William G.
    Stratton State Office Building in Springfield.
(Source: P.A. 98-700, eff. 7-7-14.)
 
    (5 ILCS 365/8)  (from Ch. 127, par. 358)
    Sec. 8. Payment of certain amounts withheld.
    (a) If a withholding authorization is for the purpose of
payment of insurance premiums or for payment to a labor union,
each Office shall make payments, as soon as payroll warrants
are prepared and verified, on behalf of the employee or
annuitant to the payee named in the authorization the amount
specified in the authorization. Such payments shall be made by
warrants prepared at the time the payroll is processed.
    (b) If a withholding authorization is for the purpose of
purchasing United States Savings Bonds, each Office, whenever a
sufficient sum has accumulated in the employee's account to
purchase a bond of the denomination directed by the employee in
his authorization, shall purchase such a United States Savings
Bond in the name designated by the employee and deliver it to
the employee.
    (c) If a withholding authorization is for the purpose of
payment of parking fees pursuant to paragraph 7 of Section 4,
the State Comptroller shall deposit 80% of the amount withheld
in the Capital Development Bond Retirement and Interest Fund in
the State Treasury and 20% of the amount withheld in the State
Parking Facility Maintenance Fund in the State Treasury.
    (d) If a withholding authorization is for the purpose of
payment of amounts due or to become due under the Illinois
Income Tax Act, the Office shall pay the amounts withheld
without delay directly to the Department of Revenue or to a
depositary designated by the Department of Revenue.
    (e) If a withholding authorization is for the purpose of
payment of parking fees under paragraph (15) of Section 4 of
this Act, the State Comptroller shall deposit the entire amount
withheld in the State Parking Facility Maintenance Fund in the
State treasury.
(Source: P.A. 90-448, eff. 8-16-97.)
 
    Section 10. The State Finance Act is amended by changing
Section 6z-23 as follows:
 
    (30 ILCS 105/6z-23)  (from Ch. 127, par. 142z-23)
    Sec. 6z-23. All monies received by the Secretary of State
pursuant to paragraph (f) of Section 2-119 or subsection (d)
(b) of Section 3-113 of the Illinois Vehicle Code shall be
deposited in the CDLIS/AAMVAnet/NMVTIS Trust Fund. The money in
this Fund shall only be used by the Secretary of State to pay
for (1) the enrollment of commercial drivers into the
Commercial Driver License Information System (CDLIS), (2)
network charges assessed Illinois by AAMVAnet, Inc., for motor
vehicle and driver records data and information, (3) expenses
(limited to equipment, maintenance, and software) related to
the testing of applicants for commercial driver's licenses, and
(4) expenses related to participation in the National Motor
Vehicle Title Information Service, and (5) any expenses related
to vehicle registration or titling.
(Source: P.A. 98-177, eff. 1-1-14.)
 
    Section 15. The Illinois Vehicle Code is amended by
changing Sections 3-638, 3-808.1, and 11-1304.5 as follows:
 
    (625 ILCS 5/3-638)
    Sec. 3-638. U.S. Veteran 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 of State, may
issue U.S. Veteran license plates to residents of Illinois who
meet eligibility requirements prescribed by the Secretary of
State. The special U.S. Veteran plate issued under this Section
shall be affixed only to passenger vehicles of the first
division, motorcycles, and motor vehicles of the second
division weighing not more than 8,000 pounds. Plates issued
under this Section shall expire according to the staggered
multi-year procedure established by Section 3-414.1 of this
Code.
    (b) The design, color, and format of the plates shall be
wholly within the discretion of the Secretary of State. The
Secretary may, in his or her discretion, allow the plates to be
issued as vanity plates or personalized in accordance with
Section 3-405.1 of this Code. The plates are not required to
designate "Land Of Lincoln", as prescribed in subsection (b) of
Section 3-412 of this Code. The Secretary shall prescribe the
eligibility requirements and, in his or her discretion, shall
approve and prescribe stickers or decals as provided under
Section 3-412.
    (c) (Blank).
    (d) A charitable organization deemed eligible by the
Secretary of State shall design decals to be affixed on plates
issued under this Section. The decals shall designate the
applicant's branch of service, theater of action, or both. The
Secretary may prescribe rules governing the requirements and
approval of charitable decals.
    (e) The charitable organization authorized to design
decals under subsection (d) of this Section may establish a fee
for the purchase of charitable decals and shall report by July
31 of each year to the Secretary of State Vehicle Services
Department the sticker fee, the number of charitable decals
sold, the total revenue received from the sale of charitable
decals during the previous fiscal year, and any other
information deemed necessary by the Secretary of State.
(Source: P.A. 96-1409, eff. 1-1-11.)
 
    (625 ILCS 5/3-808.1)  (from Ch. 95 1/2, par. 3-808.1)
    Sec. 3-808.1. (a) Permanent vehicle registration plates
shall be issued, at no charge, to the following:
        1. Vehicles, other than medical transport vehicles,
    owned and operated by the State of Illinois or by any State
    agency financed by funds appropriated by the General
    Assembly;
        2. Special disability plates issued to vehicles owned
    and operated by the State of Illinois or by any State
    agency financed by funds appropriated by the General
    Assembly.
    (b) Permanent vehicle registration plates shall be issued,
for a one time fee of $8.00, to the following:
        1. Vehicles, other than medical transport vehicles,
    operated by or for any county, township or municipal
    corporation.
        2. Vehicles owned by counties, townships or municipal
    corporations for persons with disabilities.
        3. Beginning with the 1991 registration year,
    county-owned vehicles operated by or for any county sheriff
    and designated deputy sheriffs. These registration plates
    shall contain the specific county code and unit number.
        4. All-terrain vehicles owned by counties, townships,
    or municipal corporations and used for law enforcement
    purposes when the Manufacturer's Statement of Origin is
    accompanied with a letter from the original manufacturer or
    a manufacturer's franchised dealer stating that this
    all-terrain vehicle has been converted to a street worthy
    vehicle that meets the equipment requirements set forth in
    Chapter 12 of this Code.
        5. Beginning with the 2001 registration year,
    municipally-owned vehicles operated by or for any police
    department. These registration plates shall contain the
    designation "municipal police" and shall be numbered and
    distributed as prescribed by the Secretary of State.
        6. Beginning with the 2014 registration year,
    municipally owned, fire district owned, or Mutual Aid Box
    Alarm System (MABAS) owned vehicles operated by or for any
    fire department, fire protection district, or MABAS. These
    registration plates shall display the designation "Fire
    Department" and shall display the specific fire
    department, fire district, fire unit, or MABAS division
    number or letter.
    (b-5) Beginning with the 2016 registration year, permanent
vehicle registration plates shall be issued for a one-time fee
of $8.00 to a county, township, or municipal corporation that
owns or operates vehicles used for the purpose of community
workplace commuting as defined by the Secretary of State by
administrative rule. The design and color of the plates shall
be wholly within the discretion of the Secretary. The Secretary
of State may adopt rules to implement this subsection (b-5).
    (c) Beginning with the 2012 registration year,
county-owned vehicles operated by or for any county sheriff and
designated deputy sheriffs that have been issued registration
plates under subsection (b) of this Section shall be exempt
from any fee for the transfer of registration from one vehicle
to another vehicle. Each county sheriff shall report to the
Secretary of State any transfer of registration plates from one
vehicle to another vehicle operated by or for any county
sheriff and designated deputy sheriffs. The Secretary of State
shall adopt rules to implement this subsection (c).
    (c-5) Beginning with the 2014 registration year,
municipally owned, fire district owned, or Mutual Aid Box Alarm
System (MABAS) owned vehicles operated by or for any fire
department, fire protection district, or MABAS that have been
issued registration plates under subsection (b) of this Section
shall be exempt from any fee for the transfer of registration
from one vehicle to another vehicle. Each fire department, fire
protection district, of MABAS shall report to the Secretary of
State any transfer of registration plates from one vehicle to
another vehicle operated by or for any fire department, fire
protection district, or MABAS. The Secretary of State shall
adopt rules to implement this subsection.
    (d) Beginning with the 2013 registration year,
municipally-owned vehicles operated by or for any police
department that have been issued registration plates under
subsection (b) of this Section shall be exempt from any fee for
the transfer of registration from one vehicle to another
vehicle. Each municipal police department shall report to the
Secretary of State any transfer of registration plates from one
vehicle to another vehicle operated by or for any municipal
police department. The Secretary of State shall adopt rules to
implement this subsection (d).
    (e) Beginning with the 2016 registration year, any vehicle
owned or operated by a county, township, or municipal
corporation that has been issued registration plates under this
Section is exempt from any fee for the transfer of registration
from one vehicle to another vehicle. Each county, township, or
municipal corporation shall report to the Secretary of State
any transfer of registration plates from one vehicle to another
vehicle operated by or for any county, township, or municipal
corporation.
(Source: P.A. 97-430, eff. 1-1-12; 97-794, eff. 1-1-13; 98-436,
eff. 1-1-14; 98-1074, eff. 1-1-15.)
 
    (625 ILCS 5/11-1304.5)
    Sec. 11-1304.5. Parking of vehicle with expired
registration. No person may stop, park, or leave standing upon
a public street, highway, or roadway a vehicle upon which is
displayed an Illinois registration plate or plates or
registration sticker after the termination of the registration
period, except as provided for in subsection (b) of Section
3-701 of this Code, for which the registration plate or plates
or registration sticker was issued or after the expiration date
set under Section 3-414 or 3-414.1 of this Code.
(Source: P.A. 91-487, eff. 1-1-00.)
 
    Section 20. The Conveyance and Encumbrance of Manufactured
Homes as Real Property and Severance Act is amended by changing
Section 5-15 as follows:
 
    (765 ILCS 170/5-15)
    Sec. 5-15. Affidavit of affixation.
    (a) An affidavit of affixation shall contain or be
accompanied by:
        (1) the name of the manufacturer, the make, the model
    name, the model year, the dimensions, and the
    manufacturer's serial number or numbers of the
    manufactured home, and whether the manufactured home is new
    or used;
        (2)(A) a statement that the party executing the
    affidavit is the owner of the real property described
    therein or (B) if the party executing the affidavit is not
    the owner of the real property, (1) a statement that the
    manufactured home is not located in a mobile home park as
    defined in Section 2.5 of the Mobile Home Park Act and that
    the party executing the affidavit is in possession of the
    real property pursuant to the terms of a lease in
    recordable form that has a term that continues for at least
    20 years after the date of execution of the affidavit and
    (2) the consent of the lessor of the real property,
    endorsed upon or attached to the affidavit and acknowledged
    or proved in the manner as to entitle a conveyance to be
    recorded;
        (3) the street address and the legal description of the
    real property to which the manufactured home is or shall be
    affixed; and
        (4) as applicable:
            (A) if the manufactured home is not covered by a
        certificate of title, including, if applicable, a
        certificate of title issued in accordance with
        subsection (b) of Section 3-109 of the Illinois Vehicle
        Code, a statement by the owner to that effect, and
                (i) a statement by the owner of the
            manufactured home that the manufactured home is
            covered by a Manufacturer's Statement of Origin,
            the date the Manufacturer's Statement of Origin
            was issued, and the manufacturer's serial number
            or numbers of the manufactured home; and
                (ii) a statement that annexed to the affidavit
            of affixation is a copy of the the original
            Manufacturer's Statement of Origin for the
            manufactured home, duly endorsed to the owner of
            the manufactured home, and that the owner of the
            manufactured home shall surrender the original
            Manufacturer's Statement of Origin to the
            Secretary of State; or
            (B) if the manufactured home is covered by a
        certificate of title, including, if applicable, a
        certificate of title issued in accordance with
        subsection (b) of Section 3-109 of the Illinois Vehicle
        Code, a statement by the owner of the manufactured home
        that the manufactured home is covered by a certificate
        of title, the date the title was issued, the title
        number, and that the owner of the manufactured home
        shall surrender the title to the Secretary of State;
        (5) a statement whether or not the manufactured home is
    subject to one or more security interests or liens, and
            (A) if the manufactured home is subject to one or
        more security interests or liens, the name and address
        of each party holding a security interest in or lien on
        the manufactured home, including but not limited to,
        each holder shown on any certificate of title issued by
        the Secretary of State, if any, the original principal
        amount secured by each security interest or lien; and a
        statement that the security interest or lien shall be
        released; or
            (B) a statement that each security interest in or
        lien on the manufactured home, if any, has been
        released, together with due proof of each such release;
        (6) a statement that the manufactured home is or shall
    be affixed to a permanent foundation;
        (7) the name and address of a person designated for
    filing the certified copy of the affidavit of affixation
    with the Secretary of State, to whom the recording officer
    shall return the certified copy of the affidavit of
    affixation after it has been duly recorded in the real
    property records, as provided in Section 5-25 of this Act;
    and
        (8) the certification of a certified residential real
    estate appraiser, a certified general real estate
    appraiser, a licensed manufactured home installer, or a
    licensed professional engineer, as provided in Section 5-5
    of this Act.
    (b) An affidavit of affixation shall be in the form set
forth in this Section, duly acknowledged or proved in like
manner as to entitle a conveyance to be recorded, and when so
acknowledged or proved and upon payment of the lawful fees
therefor, the recording officer shall immediately cause the
affidavit of affixation and any attachments thereto to be duly
recorded and indexed in the record of deeds.
    (c) An affidavit of affixation shall be in the form set
forth below:
 
MANUFACTURED HOME
AFFIDAVIT OF AFFIXATION

 
STATE OF ........................)
                                 )SS.
COUNTY OF .......................)
 
BEFORE ME, the undersigned Notary Public, on this day
personally appeared ......................... (type the
name(s) of each person signing this Affidavit) known to me to
be the person(s) whose name(s) is/are subscribed below (each a
"Homeowner"), and who, being by me first duly sworn, did each
on his or her oath state as follows:
1. Homeowner owns the manufactured home ("Home") described as
    follows:
.....................................................
..............................
(Year;  Manufacturer's Name; Manufacturer's Serial No(s).)
 
2. The street address of the real property to which the Home is
    or shall be permanently affixed ("Property Address") is:
 
.............................................................
(Street or Route; City; County; State; Zip Code)
 
3. The legal description of the real property to which the Home
    is or shall be affixed ("Land") is:
..........................
..............................
..............................
..............................
 
4. Homeowner is the owner of the Land or, if not the owner of
    the Land, the Home is not located in a mobile home park, as
    defined in Section 2.5 of the Mobile Home Park Act, and
    Homeowner is in possession of the Land pursuant to a lease
    in recordable form that has a term that continues for at
    least 20 years after the date of the execution of this
    Affidavit, and the consent of the lessor is attached to
    this Affidavit.
5. The Home is or shall be assessed and taxed as an improvement
    to the Land.
6. As of the date of the execution of this Affidavit, or, if
    the Home is not yet located at the Property Address, upon
    the delivery of the Home to the Property Address:
    (a) The Home [ ] is [ ] shall be affixed to a permanent
foundation as defined in Section 5-5 of the Conveyance and
Encumbrance of Manufactured Homes as Real Property and
Severance Act;
    (b) The wheels, axles, towbar, or hitch were removed when
the Home was placed on the Property Address; and
7. The Home [ ] was [ ] was not permanently affixed before
    January 1, 2011.
8. If Homeowner is the owner of the Land, any conveyance or
    financing of the Home and the Land shall be a single
    transaction under applicable State law.
9. The Home is subject to the following security interests or
    liens:
 
Name of Lienholder: ................
Address: ....................................................
 
Name of Lienholder: ................
Address: ....................................................
 
10. Other than those disclosed in this Affidavit, Homeowner is
    not aware of (i) any other security interest, claim, lien,
    or encumbrance affecting the Home or (ii) any other facts
    or information that could reasonably affect the validity of
    the title of the Home or the existence or non-existence of
    security interests in it.
11. A release of lien from each of the lienholders identified
    in paragraph 11 of this Affidavit [] has been [] shall be
    delivered to the Secretary of State.
12. Homeowner shall initial only one of the following, as it
    applies to the Home:
    [] The Home is not covered by a certificate of title. The
Home is covered by a Manufacturer's Statement of Origin, issued
on the ...... of .........., ....., manufacturer's serial
number ........................, which Homeowner shall
surrender to the Secretary of State. A copy of the The original
Manufacturer's Statement of Origin, duly endorsed to
Homeowner, is attached to this Affidavit.
    [] The Home is covered by a certificate of title issued on
the ....... day of .........., ......, title number
........................, which Homeowner shall surrender to
the Secretary of State.
13. Homeowner designates the following person to file a
    certified copy of this Affidavit with the Secretary of
    State, and the person to whom the Recorder shall return a
    certified copy of this Affidavit after it has been duly
    recorded in the real property records:
    Name: ..............................................
    Address: ................................................
 
14. This Affidavit is executed by Homeowner pursuant to Section
    5-15 of the Conveyance and Encumbrance of Manufactured
    Homes as Real Property and Severance Act.
15. The certification, pursuant to Section 5-5 of the
    Conveyance and Encumbrance of Manufactured Homes as Real
    Property and Severance Act, of a certified residential real
    estate appraiser, a certified general real estate
    appraiser, a licensed manufactured home installer, or a
    licensed professional engineer that the home is affixed to
    a permanent foundation is attached to this Affidavit.
 
IN WITNESS WHEREOF, Homeowner(s) has/have executed this
Affidavit in my presence and in the presence of the undersigned
witnesses on this ...... day of ......, ......
 
...........................(SEAL) ..........................
Homeowner #1                      Witness
...........................
Printed Name
 
...........................(SEAL) ..........................
Homeowner #2                      Witness
...........................
Printed Name
 
...........................(SEAL) ..........................
Homeowner #3                      Witness
...........................
Printed Name
 
...........................(SEAL) ..........................
Homeowner #4                      Witness
...........................
Printed Name
 
STATE OF .........................)
                                  )  SS.
COUNTY OF ........................)
 
 
    The foregoing instrument was acknowledged before me this
(date) by (name(s) of person(s) who acknowledged).
                  .......................... Notary Public
                          Signature
 
                 My commission expires: ...................
                 Official Seal:
 
    ATTENTION RECORDER: This instrument covers goods that are
or are to become fixtures on the Property described herein and
is to be filed for record in the records where conveyances of
real estate are recorded.
(Source: P.A. 98-749, eff. 7-16-14.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 07/28/2015