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