Hearings:  State Government Administration Committee Hearing Mar 9 2011 1:00PM Stratton Building Room C-1 Springfield, IL

Last Action:  2/28/2011 -- Assigned to State Government Administration Committee

Synopsis As Introduced:  HB 2988 amends the Illinois Vehicle Code and the State Finance Act. Provides for the issuance of Choose Life license plates. Provides that, in addition to the appropriate registration fees, an applicant for the special plate shall be charged a fee of $25 at original issuance and $25 at renewal. Provides that $15 of the original issuance fee and $2 of the renewal fee shall be deposited into the Secretary of State Special License Plate Fund. Provides that $10 of the additional original issuance fee and $23 of the renewal fee shall be deposited into the Choose Life Fund, a new special fund in the State treasury.   Provides that all money in the Choose Life Fund shall be distributed in accordance with a specified formula to all applying qualified non-governmental, not-for-profit agencies whose services include counseling and meeting the material needs of pregnant women who are planning to place their children for adoption and contains other provisions regarding the distribution of money from the Choose Life Fund.

History of Previous Legislative Attempts

Focus turned to the legal battle after HB 5883 & SB 3089 were blocked during the 93rd General Assembly in 2004

No Choose Life license plate bills were introduced in the Illinois House and Senate for the 2005 or 2006 legislative sessions because the focus is now on the legal effort to change the method used for approving specialty plates in Illinois.  Now that a decision in favor of Choose Life plates has been made by Judge Coar, we are again moving forward.  Are you ready to order?

Contact your state senator and state representative and ask them to tell Secretary of State Jesse White to begin production of Choose Life license plates in Illinois.  You might mention that it would be a waste of taxpayer dollars to appeal the Federal Court ruling in favor of Choose Life plates. 

In 2004, House and Senate leadership again blocked consideration of the Choose Life license plate bills.  This viewpoint discrimination led to filing a lawsuit against the State of Illinois.  The details (provided below) of unsuccessful attempts to get fair consideration of the Choose Life specialty plate, as compared to other specialty plates, is the basis for this lawsuit.

Letter to Rep. Jack Franks on Blocked Testimony

Negative results for bills from 2002 through 2004

HB5883 was introduced in the Illinois House (93rd General Assembly) on 2/6/04 by Rep. Randall Hultgren to create Choose Life license plates.  This bill was assigned to the House State Government Administration Committee.   When testimony was scheduled to be heard on March 3, 2004, the committee failed to allow the testimony to be presented so no action was taken on HB 5883.  Failure of committee action prevented any further action on HB 5883 in the 2004 legislative session.

SB3089 was introduced in the Illinois Senate (93rd General Assembly) on 2/6/04 by Sen. Kirk Dillard to create Choose Life license plates.  This bill was  assigned to the Senate Rules Committee.  For SB3089 to receive consideration, it needed to be assigned to a committee by the Rules Committee, but was not so not action could be taken on the bill in the 2004 legislative session.

Bill details and History

You can locate information about your state senator and representative by clicking on the "State of Illinois Legislation" link below.  You can check the history of HB5883 and SB3089 by clicking the link below, selecting "Previous General Assemblies", and then using the "search" option on the 93rd General Assembly by entering HB5883 or SB3089 into the field provided.

State of Illinois Legislation

Summary of HB5883

Bill Status of HB5883 93rd General Assembly

Short Description: VEH CD-CHOOSE LIFE PLATES

House Sponsor
Rep. Randall Hultgren

Last Action:  2/6/2004 -- House -- Referred to Rules

Statutes Amended In Order of Appearance
30 ILCS 105/5.595 new
625 ILCS 5/3-663 new

Synopsis As Introduced
Amends the Illinois Vehicle Code and the State Finance Act. Creates the Choose Life Fund as a special fund in the State treasury. Provides for the issuance of special Choose Life license plates. Provides that the Secretary of State shall confer with Illinois Choose Life, Inc. of Illinois regarding the design, color, and format of the plates. Provides that, in addition to normal original issuance and renewal fees, a $25 fee shall be charged for the special plates. Provides that $10 of the additional initial fee and $23 of the additional renewal fee shall be deposited into the Choose Life Fund, and $15 of the additional original fee and $2 of the additional renewal fee shall be deposited into the Secretary of State Special License Plate Fund. Provides that, subject to appropriation by the General Assembly and approval by the Secretary of State, all moneys in the Choose Life Fund shall be distributed on a pro-rated basis at the beginning of each fiscal year to all non-governmental, not-for-profit agencies whose services include counseling and meeting the physical needs of pregnant women who are committed to placing their children for adoption. Establishes additional requirements for use of the moneys in the Fund. Effective immediately.

Actions:
2/6/2004  House  Filed with the Clerk by Rep. Randall Hultgren
2/6/2004  House  First Reading
2/6/2004  House  Referred to Rules Committee

Full Text of HB5883 (SB3089 is identical)

HB5883

LRB093 21059 DRH 47085 b

1 AN ACT concerning vehicles.

2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:

4 Section 5. The State Finance Act is amended by adding
5 Section 5.595 as follows:

6 (30 ILCS 105/5.595 new)
7 Sec. 5.595. The Choose Life Fund.

8 Section 10. The Illinois Vehicle Code is amended by
9 adding Section 3-663 as follows:

10 (625 ILCS 5/3-663 new)
11 Sec. 3-663. Choose Life license plates.
12 (a) The Secretary, upon receipt of an application made
13 in the form prescribed by the Secretary, may issue special
14 registration plates designated as Choose Life license plates
15 to any person who wishes to demonstrate support of
16 organizations that encourage adoption as a positive choice
17 for women with unplanned pregnancies. The special plates
18 issued under this Section shall be affixed only to passenger
19 vehicles of the first division and motor vehicles of the
20 second division weighing not more than 8,000 pounds. Plates
21 issued under this Section shall expire according to the
22 multi-year procedure established by Section 3-414.1 of this
23 Code.
24 (b) The Secretary shall confer with Illinois Choose
25 Life, Inc. of Illinois regarding the design, color, and
26 format of the plates, which shall carry the words "Choose
27 Life". The Secretary may allow the plates to be issued as
28 vanity plates or personalized plates under Section 3-405.1 of
29 this Code. The Secretary shall prescribe stickers or decals

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1 as provided under Section 3-412 of this Code.
2 (c) An applicant for the special plates shall be charged
3 a $25 fee for original issuance in addition to the
4 appropriate registration fee. Of this $25 fee, $10 shall be
5 deposited into the Choose Life Fund and $15 shall be
6 deposited into the Secretary of State Special License Plate
7 Fund, to be used by the Secretary to help defray the
8 administrative processing costs.
9 For each registration renewal period, a $25 fee, in
10 addition to the appropriate registration fee, shall be
11 charged. Of this $25 fee, $23 shall be deposited into the
12 Choose Life Fund and $2 shall be deposited into the Secretary
13 of State Special License Plate Fund.
14 (d) The Choose Life Fund is created as a special fund in
15 the State treasury. All moneys in the Choose Life Fund shall,
16 subject to appropriation by the General Assembly and approval
17 by the Secretary, be distributed on a pro-rated basis at the
18 beginning of each fiscal year to all non-governmental,
19 not-for-profit agencies whose services include counseling and
20 meeting the physical needs of pregnant women who are
21 committed to placing their children for adoption. No moneys
22 may be distributed to organizations described in subsection
23 (f) of this Section. Moneys shall be distributed in direct
24 proportion to the number of "Choose Life" registrations and
25 renewals attributable to each county. Any unused moneys in
26 excess of 10% of the moneys allocated to a non-profit
27 organization shall be returned to the Choose Life Fund at the
28 end of the fiscal year to be aggregated and distributed with
29 the next fiscal year's distributions.
30 (e) To apply for and receive moneys available through
31 the Choose Life Fund, an organization must deliver to the
32 Secretary an affidavit signed by a duly appointed
33 representative of the organization that states the following:
34 (1) The organization is a non-profit organization;

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1 (2) The organization does not discriminate for any
2 reason, including but not limited to race, marital
3 status, gender, religion, national origin, handicap, or
4 age;
5 (3) The organization is committed to counseling
6 pregnant women about the option of adoption;
7 (4) The organization is not involved or associated
8 with any abortion activities, including counseling for or
9 referrals to abortion clinics, providing medical
10 abortion-related procedures, or pro-abortion advertising;
11 (5) The organization does not charge women for any
12 services received;
13 (6) The organization understands that no more than
14 60% of the moneys received may be used for the material
15 needs of pregnant women who are committed to placing
16 their children for adoption, including clothing, housing,
17 medical care, food, utilities, and transportation. These
18 moneys may also be expended on infants awaiting placement
19 with adoptive parents.
20 (7) The organization understands that no more than
21 40% of the moneys received may be used to enhance its
22 adoption efforts, including counseling, training, or
23 advertising;
24 (8) The organization understands that these moneys
25 may not be used for administrative expenses, legal
26 expenses, or capital expenditures;
27 (9) The organization understands that any unused
28 moneys at the end of the fiscal year that exceed 10% of
29 the moneys received by the organization during the fiscal
30 year must be returned to the Choose Life Fund to be
31 aggregated and distributed with the next fiscal year's
32 distribution; and
33 (10) The organization understands that each
34 organization that receives moneys must submit to an

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1 annual audit of those moneys verifying that the moneys
2 received were used in the manner described in this
3 Section.
4 (f) Moneys in the Choose Life Fund may not be
5 distributed to any organization involved or associated with
6 any abortion activities, including counseling for or
7 referrals to abortion clinics, providing medical
8 abortion-related procedures, or pro-abortion advertising.
9 Moneys may not be distributed to any organization that
10 charges women for services received.
11 (g) No more than 60% of the moneys received from the
12 Choose Life Fund may be used for the material needs of
13 pregnant women who are committed to placing their children
14 for adoption, including clothing, housing, medical care,
15 food, utilities, and transportation. These moneys may also be
16 expended on infants awaiting placement with adoptive parents.
17 No more than 40% of the moneys received may be used to
18 enhance the organization's adoption efforts, including
19 counseling, training, or advertising. These moneys may not be
20 used for administrative expenses, legal expenses, or capital
21 expenditures.
22 (h) Each organization that receives moneys from the
23 Choose Life Fund must submit to an annual audit of those
24 moneys verifying that the moneys received were used in the
25 manner described in this Section.

26 Section 99. Effective date. This Act takes effect upon
27 becoming law.

History of the Choose Life bills

HB10 and SB1502 -- The Choose Life bills introduced in 2003

Choose Life license plates were stymied in Illinois for 2003 through the actions of Illinois House and Senate Democratic leadership that prevented HB10 and SB1502 from receiving committee approval.

HB10 was introduced in the Illinois House (93rd General Assembly) to create Choose Life license plates.  This bill was assigned to the State Government Administration Committee.  Rep. Jack Franks, committee chairman, was able to use a variety of procedural moves to prevent a committee vote on HB10 so it was held in committee, preventing the possibility of a vote by the full Illinois House.

SB1502 was introduced in the Illinois Senate (93rd General Assembly) to create Choose Life license plates.  This bill was assigned to the Senate Health & Human Services Committee.  This action was itself a statement of intent because other specialty plate bills were sent to the Senate Transportation Committee.  The result was a vote against SB1502 so it was not released for a vote by the full Illinois Senate.

By preventing HB10 and SB1502 from receiving committee approval, these bills were killed for 2003.  Continued expressions of support for Choose Life license plates and more signed petitions still failed to convince the Illinois Legislature to pass Choose Life license plates in 2004.

SB2426 -- The initial Choose Life bill introduced in 2002

SB 2426 was introduced in the 92nd General Assembly by Senator Patrick O'Malley to authorize the Secretary of State's office to create and sell Illinois Choose Life license plates.  Since SB2426 was not enacted in the 92nd General Assembly, it was re-introduced and assigned a new bill number in the 93rd General Assembly which first convened in January, 2003. 

Summary of SB1502 (previously SB2426 in 2002)

Bill Status of SB1502 93rd General Assembly

Short Description: VEH CD-CHOOSE LIFE PLATES

Senate Sponsors
Sen. Kirk W. Dillard

Last Action:  2/20/2003 -- Senate -- Referred to Rules

Statutes Amended In Order of Appearance
30 ILCS 105/5.595 new
625 ILCS 5/3-663 new

Synopsis As Introduced
Amends the Illinois Vehicle Code and the State Finance Act. Creates the Choose Life Fund as a special fund in the State treasury.  Provides for the issuance of special Choose Life license plates. Provides that the Secretary of State shall confer with Illinois Choose Life, Inc. of Illinois regarding the design, color, and format of the plates.   Provides that, in addition to normal original issuance and renewal fees, a $25 fee shall be charged for the special plates.  Provides that $10 of the additional initial fee and $23 of the additional
renewal fee shall be deposited into the Choose Life Fund, and $15 of the additional original fee and $2 of the additional renewal fee shall be deposited into the Secretary of State Special License Plate Fund.  Provides that, subject to appropriation by the General Assembly and approval by the Secretary of State, all moneys in the Choose Life Fund shall be distributed on a pro-rated basis at the beginning of each fiscal year to all non-governmental, not-for-profit agencies whose services include counseling and meeting the physical needs of pregnant women who are committed to placing their children for adoption. Establishes additional requirements for use of the moneys in the Fund. Effective immediately.

Actions:
2/20/2003  Senate  Filed with Secretary by Sen. Kirk W. Dillard
2/20/2003  Senate  First Reading
2/20/2003  Senate  Referred to Rules