Full Text of SB3743 97th General Assembly
SB3743ham001 97TH GENERAL ASSEMBLY | Rep. Jehan A. Gordon Filed: 5/30/2012
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| 1 | | AMENDMENT TO SENATE BILL 3743
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3743 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. If and only if House Bill 4586 of the 97th | 5 | | General Assembly becomes law, the Illinois Municipal Code is | 6 | | amended by adding Section 8-11-4.1 as follows: | 7 | | (65 ILCS 5/8-11-4.1 new) | 8 | | Sec. 8-11-4.1. Local government initiative petition and | 9 | | referendum to support Veteran Conservation Corps. | 10 | | (a) In support of the veterans of our nation's armed | 11 | | forces, the electors of certain municipalities may, by | 12 | | initiative petition and binding referendum in the manner | 13 | | prescribed by this Section, adopt an ordinance to support the | 14 | | Illinois Veteran Conservation Corps by imposing a surcharge in | 15 | | addition to a vehicle tax or license fee authorized under | 16 | | Section 8-11-4 of this Code. Except as otherwise provided in |
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| 1 | | this Section, a petition filed under this Section shall comply | 2 | | with Article 28 of the Election Code. | 3 | | (b) A $1 surcharge for the purpose of providing funding for | 4 | | the Illinois Veteran Conservation Corps may be charged in | 5 | | addition to any other vehicle tax or license fee authorized | 6 | | under Section 8-11-4 of this Code, provided the municipality | 7 | | enacts an ordinance under a binding referendum approved by | 8 | | electors in accordance with this Section. A referendum under | 9 | | this Section shall be initiated by a petition signed by a | 10 | | number of electors equal to at least 2% of the total votes cast | 11 | | for Governor at the last election in the municipality. The | 12 | | petition shall be signed by the petitioning electors not more | 13 | | than 12 months preceding the election, and shall be filed with | 14 | | the election authority at least 92 days before the election. | 15 | | (c) Upon receipt of petitions containing sufficient | 16 | | signatures, the election official shall cause to be printed on | 17 | | the ballot a question appearing in substantially the following | 18 | | form: | |
19 | | ---- | | |
20 | | Shall (name of municipality) add a | | | |
21 | | $1 surcharge to the cost of the vehicle sticker | | | |
22 | | in order to provide funding for the Illinois | YES | | |
23 | | Veteran Conservation Corps, a statewide program | |
24 | | that helps veterans of the military obtain | ---- | | |
25 | | employment and job training projects related to | | | |
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| 1 | | conserving natural resources, improving | No | | |
2 | | environmental health, and beautifying public | | | |
3 | | spaces? | | | |
4 | | ---- | |
| 5 | | (d) If a majority of voters approve the surcharge, the | 6 | | ordinance providing for the surcharge shall be enacted by the | 7 | | corporate authorities of the municipality as soon as possible, | 8 | | but in no case later than 7 days following the approval of the | 9 | | referendum. The ordinance shall be in all material respects | 10 | | identical to a model ordinance which shall be prescribed by | 11 | | rule by the Illinois Department of Veterans' Affairs. The model | 12 | | ordinance shall impose a $1 surcharge, shall specify that the | 13 | | funds derived from the surcharge shall be allocated for the | 14 | | exclusive use of the Illinois Veteran Conservation Corps, and | 15 | | shall contain other related provisions as determined by the | 16 | | Illinois Department of Veterans' Affairs. Nothing in this | 17 | | amendatory Act of the 97th General Assembly shall be construed | 18 | | to prevent a municipality or other entity from dedicating | 19 | | monetary resources or in-kind contributions to the Illinois | 20 | | Veteran Conservation Corps in addition to the $1 surcharge | 21 | | provided for by this Section, subject to all applicable laws, | 22 | | rules, and regulations. | 23 | | (e) The corporate authorities of a municipality under this | 24 | | Section may, by a majority vote of the municipality's governing | 25 | | body, direct the election official to cause to be printed on |
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| 1 | | the ballot the question contained in subsection (c) of this | 2 | | Section. | 3 | | (f) An ordinance adopted under this Section may not be | 4 | | repealed or amended within 4 years after adoption, except by | 5 | | vote of the electors. The corporate authorities of the | 6 | | municipality may under Article 28 of the Election Code submit | 7 | | to its electorate a proposition to repeal or amend an ordinance | 8 | | adopted under this Section. | 9 | | Section 10. If and only if House Bill 4586 of the 97th | 10 | | General Assembly becomes law, the Illinois Vehicle Code is | 11 | | amended by changing Section 2-121 as follows:
| 12 | | (625 ILCS 5/2-121) (from Ch. 95 1/2, par. 2-121)
| 13 | | Sec. 2-121. Local Government tax.
| 14 | | (a) No owner of a vehicle who shall have obtained a | 15 | | certificate from the
Secretary of State and paid the | 16 | | registration fee and tax as provided in
this Act, shall be | 17 | | required by any county, city, village, incorporated
town,
or
| 18 | | other municipal corporation within the State other than a | 19 | | county, city,
village,
incorporated town, or other municipal | 20 | | corporation in which the
owner
resides
or in which a vehicle | 21 | | has its situs or base, to pay any tax or license fee
for the use | 22 | | of the vehicle. The county, city, village, or incorporated
town
| 23 | | in which the
owner resides or in which a vehicle has its situs | 24 | | or base, except commercial
motor vehicles as defined in |
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| 1 | | paragraph (2) of Section 18b-101 that are
registered under | 2 | | Section 3-402.1, may impose a tax , surcharge, or license fee as | 3 | | is
provided in Sections Section 8-11-4 and 8-11-4.1 of the
| 4 | | Illinois Municipal Code or a similar county ordinance that | 5 | | imposes a tax , surcharge, or
license fee on an owner of a | 6 | | vehicle for the use of the vehicle.
| 7 | | Nor shall the owner be required to display upon his vehicle | 8 | | any plate
or tax or license number other than that issued by | 9 | | the Secretary of State
or by the county, city, village, | 10 | | incorporated town, or other municipal
corporation
within the | 11 | | State within which the owner resides or in which a vehicle has
| 12 | | its situs or base. However, a resident owner shall not be | 13 | | required to
display on his vehicle, the plate or tax or license | 14 | | number issued by the
county, city, village, or incorporated | 15 | | town of his residence if
his vehicle is
displaying the plate or | 16 | | tax or license number issued by the place wherein
the vehicle | 17 | | has its situs or base.
| 18 | | This subsection (a) applies to ordinances enacted by any | 19 | | county, city,
village, incorporated town, or other municipal | 20 | | corporation. Any provision of
an ordinance enacted by a county, | 21 | | city, village, incorporated town, or other
municipal | 22 | | corporation that is inconsistent with this subsection (a) is | 23 | | null and
void.
| 24 | | (b) No county, city, village, incorporated town, or other | 25 | | municipal
corporation, including a home rule unit, may impose a | 26 | | tax or license fee under
Section 8-11-4 of the Illinois |
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| 1 | | Municipal Code, or impose a similar tax or
license fee under | 2 | | home rule powers, upon any commercial vehicle as defined in
| 3 | | paragraph (2) of Section 18b-101 that is registered under | 4 | | Section 3-402.1.
This subsection (b) is a denial and limitation | 5 | | of home rule powers and
functions under subsection (g) of | 6 | | Section 6 of Article VII of the Illinois
Constitution.
| 7 | | (Source: P.A. 90-433, eff. 8-16-97.)
| 8 | | Section 99. Effective date. This Act takes effect July 1, | 9 | | 2012.".
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