SB3743ham001 97TH GENERAL ASSEMBLY

Rep. Jehan A. Gordon

Filed: 5/30/2012

09700SB3743ham001 LRB097 18258 PJG 70221 a

AMENDMENT TO SENATE BILL 3743

AMENDMENT NO. ______. Amend Senate Bill 3743 by replacing everything after the enacting clause with the following:

"Section 5. If and only if House Bill 4586 of the 97th General Assembly becomes law, the Illinois Municipal Code is amended by adding Section 8-11-4.1 as follows:

(65 ILCS 5/8-11-4.1 new)

Sec. 8-11-4.1. Local government initiative petition and referendum to support Veteran Conservation Corps.

(a) In support of the veterans of our nation's armed forces, the electors of certain municipalities may, by initiative petition and binding referendum in the manner prescribed by this Section, adopt an ordinance to support the Illinois Veteran Conservation Corps by imposing a surcharge in addition to a vehicle tax or license fee authorized under Section 8-11-4 of this Code. Except as otherwise provided in this Section, a petition filed under this Section shall comply with Article 28 of the Election Code.

(b) A $1 surcharge for the purpose of providing funding for the Illinois Veteran Conservation Corps may be charged in addition to any other vehicle tax or license fee authorized under Section 8-11-4 of this Code, provided the municipality enacts an ordinance under a binding referendum approved by electors in accordance with this Section. A referendum under this Section shall be initiated by a petition signed by a number of electors equal to at least 2% of the total votes cast for Governor at the last election in the municipality. The petition shall be signed by the petitioning electors not more than 12 months preceding the election, and shall be filed with the election authority at least 92 days before the election.

(c) Upon receipt of petitions containing sufficient signatures, the election official shall cause to be printed on the ballot a question appearing in substantially the following form:

(d) If a majority of voters approve the surcharge, the ordinance providing for the surcharge shall be enacted by the corporate authorities of the municipality as soon as possible, but in no case later than 7 days following the approval of the referendum. The ordinance shall be in all material respects identical to a model ordinance which shall be prescribed by rule by the Illinois Department of Veterans' Affairs. The model ordinance shall impose a $1 surcharge, shall specify that the funds derived from the surcharge shall be allocated for the exclusive use of the Illinois Veteran Conservation Corps, and shall contain other related provisions as determined by the Illinois Department of Veterans' Affairs. Nothing in this amendatory Act of the 97th General Assembly shall be construed to prevent a municipality or other entity from dedicating monetary resources or in-kind contributions to the Illinois Veteran Conservation Corps in addition to the $1 surcharge provided for by this Section, subject to all applicable laws, rules, and regulations.

(e) The corporate authorities of a municipality under this Section may, by a majority vote of the municipality's governing body, direct the election official to cause to be printed on the ballot the question contained in subsection (c) of this Section.

(f) An ordinance adopted under this Section may not be repealed or amended within 4 years after adoption, except by vote of the electors. The corporate authorities of the municipality may under Article 28 of the Election Code submit to its electorate a proposition to repeal or amend an ordinance adopted under this Section.

Section 10. If and only if House Bill 4586 of the 97th General Assembly becomes law, the Illinois Vehicle Code is amended by changing Section 2-121 as follows:

(625 ILCS 5/2-121) (from Ch. 95 1/2, par. 2-121)

Sec. 2-121. Local Government tax.

(a) No owner of a vehicle who shall have obtained a certificate from the Secretary of State and paid the registration fee and tax as provided in this Act, shall be required by any county, city, village, incorporated town, or other municipal corporation within the State other than a county, city, village, incorporated town, or other municipal corporation in which the owner resides or in which a vehicle has its situs or base, to pay any tax or license fee for the use of the vehicle. The county, city, village, or incorporated town in which the owner resides or in which a vehicle has its situs or base, except commercial motor vehicles as defined in paragraph (2) of Section 18b-101 that are registered under Section 3-402.1, may impose a tax, surcharge, or license fee as is provided in Sections Section 8-11-4 and 8-11-4.1 of the Illinois Municipal Code or a similar county ordinance that imposes a tax, surcharge, or license fee on an owner of a vehicle for the use of the vehicle.

Nor shall the owner be required to display upon his vehicle any plate or tax or license number other than that issued by the Secretary of State or by the county, city, village, incorporated town, or other municipal corporation within the State within which the owner resides or in which a vehicle has its situs or base. However, a resident owner shall not be required to display on his vehicle, the plate or tax or license number issued by the county, city, village, or incorporated town of his residence if his vehicle is displaying the plate or tax or license number issued by the place wherein the vehicle has its situs or base.

This subsection (a) applies to ordinances enacted by any county, city, village, incorporated town, or other municipal corporation. Any provision of an ordinance enacted by a county, city, village, incorporated town, or other municipal corporation that is inconsistent with this subsection (a) is null and void.

(b) No county, city, village, incorporated town, or other municipal corporation, including a home rule unit, may impose a tax or license fee under Section 8-11-4 of the Illinois Municipal Code, or impose a similar tax or license fee under home rule powers, upon any commercial vehicle as defined in paragraph (2) of Section 18b-101 that is registered under Section 3-402.1. This subsection (b) is a denial and limitation of home rule powers and functions under subsection (g) of Section 6 of Article VII of the Illinois Constitution.

(Source: P.A. 90-433, eff. 8-16-97.)

Section 99. Effective date. This Act takes effect July 1, 2012.".