Sen. Toi W. Hutchinson

Filed: 4/28/2014

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 3398

2    AMENDMENT NO. ______. Amend Senate Bill 3398 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Vehicle Code is amended by
5changing Sections 3-815 and 18b-101 as follows:
 
6    (625 ILCS 5/3-815)  (from Ch. 95 1/2, par. 3-815)
7    Sec. 3-815. Flat weight tax; vehicles of the second
8division.
9    (a) Except as provided in Section 3-806.3 and 3-804.3,
10every owner of a vehicle of the second division registered
11under Section 3-813, and not registered under the mileage
12weight tax under Section 3-818, shall pay to the Secretary of
13State, for each registration year, for the use of the public
14highways, a flat weight tax at the rates set forth in the
15following table, the rates including the $10 registration fee:
16
SCHEDULE OF FLAT WEIGHT TAX

 

 

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1
REQUIRED BY LAW
2Gross Weight in Lbs.Total Fees
3Including Vehicle each Fiscal
4and Maximum year
5LoadClass
68,000 lbs. and lessB$98
78,001 lbs. to 12,000 lbs.D138
812,001 lbs. to 16,000 lbs.F242
916,001 lbs. to 26,000 lbs.H490
1026,001 lbs. to 28,000 lbs.J630
1128,001 lbs. to 32,000 lbs.K842
1232,001 lbs. to 36,000 lbs.L982
1336,001 lbs. to 40,000 lbs.N1,202
1440,001 lbs. to 45,000 lbs.P1,390
1545,001 lbs. to 50,000 lbs.Q1,538
1650,001 lbs. to 54,999 lbs.R1,698
1755,000 lbs. to 59,500 lbs.S1,830
1859,501 lbs. to 64,000 lbs.T1,970
1964,001 lbs. to 73,280 lbs.V2,294
2073,281 lbs. to 77,000 lbs.X2,622
2177,001 lbs. to 80,000 lbs.Z2,790
22    Beginning with the 2010 registration year a $1 surcharge
23shall be collected for vehicles registered in the 8,000 lbs.
24and less flat weight plate category above to be deposited into
25the State Police Vehicle Fund.
26    Beginning with the 2014 registration year, a $2 surcharge

 

 

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1shall be collected in addition to the above fees for vehicles
2registered in the 8,000 lb. and less flat weight plate category
3as described in this subsection (a) to be deposited into the
4Park and Conservation Fund for the Department of Natural
5Resources to use for conservation efforts. The monies deposited
6into the Park and Conservation Fund under this Section shall
7not be subject to administrative charges or chargebacks unless
8otherwise authorized by this Act.
9    All of the proceeds of the additional fees imposed by this
10amendatory Act of the 96th General Assembly shall be deposited
11into the Capital Projects Fund.
12    (a-1) A Special Hauling Vehicle is a vehicle or combination
13of vehicles of the second division registered under Section
143-813 transporting asphalt or concrete in the plastic state or
15a vehicle or combination of vehicles that are subject to the
16gross weight limitations in subsection (a) of Section 15-111
17for which the owner of the vehicle or combination of vehicles
18has elected to pay, in addition to the registration fee in
19subsection (a), $125 to the Secretary of State for each
20registration year. The Secretary shall designate this class of
21vehicle as a Special Hauling Vehicle.
22    (a-5) Beginning January 1, 2015, upon the request of the
23vehicle owner, a $10 surcharge shall be collected in addition
24to the above fees for vehicles in the 12,000 lbs. and less flat
25weight plate categories as described in subsection (a) to be
26deposited into the Secretary of State Special License Plate

 

 

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1Fund. The $10 surcharge is to identify vehicles in the 12,000
2lbs. and less flat weight plate categories as a covered farm
3vehicle. The $10 surcharge is an annual, flat fee that shall be
4based on an applicant's new or existing registration year for
5each vehicle in the 12,000 lbs. and less flat weight plate
6categories. A designation as a covered farm vehicle under this
7subsection (a-5) shall not alter a vehicle's registration as a
8registration in the 12,000 lbs. or less flat weight category.
9The Secretary shall adopt any rules necessary to implement this
10subsection (a-5).
11    (b) Except as provided in Section 3-806.3, every camping
12trailer, motor home, mini motor home, travel trailer, truck
13camper or van camper used primarily for recreational purposes,
14and not used commercially, nor for hire, nor owned by a
15commercial business, may be registered for each registration
16year upon the filing of a proper application and the payment of
17a registration fee and highway use tax, according to the
18following table of fees:
19
MOTOR HOME, MINI MOTOR HOME, TRUCK CAMPER OR VAN CAMPER
20Gross Weight in Lbs.Total Fees
21Including Vehicle andEach
22Maximum LoadCalendar Year
238,000 lbs and less$78
248,001 Lbs. to 10,000 Lbs90
2510,001 Lbs. and Over102
26
CAMPING TRAILER OR TRAVEL TRAILER

 

 

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1Gross Weight in Lbs.Total Fees
2Including Vehicle andEach
3Maximum LoadCalendar Year
43,000 Lbs. and Less$18
53,001 Lbs. to 8,000 Lbs.30
68,001 Lbs. to 10,000 Lbs.38
710,001 Lbs. and Over50
8    Every house trailer must be registered under Section 3-819.
9    (c) Farm Truck. Any truck used exclusively for the owner's
10own agricultural, horticultural or livestock raising
11operations and not-for-hire only, or any truck used only in the
12transportation for-hire of seasonal, fresh, perishable fruit
13or vegetables from farm to the point of first processing, may
14be registered by the owner under this paragraph in lieu of
15registration under paragraph (a), upon filing of a proper
16application and the payment of the $10 registration fee and the
17highway use tax herein specified as follows:
18
SCHEDULE OF FEES AND TAXES
19Gross Weight in Lbs.Total Amount for
20Including Truck andeach
21Maximum LoadClassFiscal Year
2216,000 lbs. or lessVF$150
2316,001 to 20,000 lbs.VG226
2420,001 to 24,000 lbs.VH290
2524,001 to 28,000 lbs.VJ378
2628,001 to 32,000 lbs.VK506

 

 

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132,001 to 36,000 lbs.VL610
236,001 to 45,000 lbs.VP810
345,001 to 54,999 lbs.VR1,026
455,000 to 64,000 lbs.VT1,202
564,001 to 73,280 lbs.VV1,290
673,281 to 77,000 lbs.VX1,350
777,001 to 80,000 lbs.VZ1,490
8    In the event the Secretary of State revokes a farm truck
9registration as authorized by law, the owner shall pay the flat
10weight tax due hereunder before operating such truck.
11    Any combination of vehicles having 5 axles, with a distance
12of 42 feet or less between extreme axles, that are subject to
13the weight limitations in subsection (a) of Section 15-111 for
14which the owner of the combination of vehicles has elected to
15pay, in addition to the registration fee in subsection (c),
16$125 to the Secretary of State for each registration year shall
17be designated by the Secretary as a Special Hauling Vehicle.
18    (d) The number of axles necessary to carry the maximum load
19provided shall be determined from Chapter 15 of this Code.
20    (e) An owner may only apply for and receive 5 farm truck
21registrations, and only 2 of those 5 vehicles shall exceed
2259,500 gross weight in pounds per vehicle.
23    (f) Every person convicted of violating this Section by
24failure to pay the appropriate flat weight tax to the Secretary
25of State as set forth in the above tables shall be punished as
26provided for in Section 3-401.

 

 

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1(Source: P.A. 97-201, eff. 1-1-12; 97-811, eff. 7-13-12;
297-1136, eff. 1-1-13; 98-463, eff. 8-16-13.)
 
3    (625 ILCS 5/18b-101)  (from Ch. 95 1/2, par. 18b-101)
4    Sec. 18b-101. Definitions. Unless the context otherwise
5clearly requires, as used in this Chapter:
6    "Agricultural commodities" means any agricultural
7commodity, non-processed food, feed, fiber, or livestock,
8including insects.
9    "Agricultural operations" means the operation of a motor
10vehicle or combination of vehicles transporting agricultural
11commodities or farm supplies for agricultural purposes.
12    "Air mile" means a nautical mile, which is equivalent to
136,076 feet or 1,852 meters. Accordingly, 100 air miles are
14equivalent to 115.08 statute miles or 185.2 kilometers.
15    "Commercial motor vehicle" means any self propelled or
16towed vehicle used on public highways in interstate and
17intrastate commerce to transport passengers or property when
18the vehicle has a gross vehicle weight, a gross vehicle weight
19rating, a gross combination weight, or a gross combination
20weight rating of 10,001 or more pounds; or the vehicle is used
21or designed to transport more than 15 passengers, including the
22driver; or the vehicle is designed to carry 15 or fewer
23passengers and is operated by a contract carrier transporting
24employees in the course of their employment on a highway of
25this State; or the vehicle is used or designed to transport

 

 

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1between 9 and 15 passengers, including the driver, for direct
2compensation; or the vehicle is used in the transportation of
3hazardous materials in a quantity requiring placarding under
4the Illinois Hazardous Materials Transportation Act. This
5definition shall not include farm machinery, fertilizer
6spreaders, and other special agricultural movement equipment
7described in Section 3-809 nor implements of husbandry as
8defined in Section 1-130. ;
9    "Covered farm vehicle", for purposes of this Chapter and
10rule-making under this Chapter, means a straight truck or
11articulated vehicle, excluding vehicles transporting hazardous
12materials of a type or quantity that requires the vehicle to be
13placarded in accordance with the Illinois Hazardous Materials
14Transportation Act, registered in this State or another state
15and equipped with a special license plate or other designation
16by the state in which the vehicle is registered identifying the
17vehicle as a covered farm vehicle for law enforcement personnel
18and:
19        (1) is operated by a farm or ranch owner or operator,
20    or an employee or family member of the farm or ranch owner
21    or operator; and
22        (2) is being used to transport the following to or from
23    a farm or ranch:
24            (A) agricultural commodities;
25            (B) livestock; or
26            (C) machinery or supplies; and

 

 

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1        (3) if registered in this State, is:
2            (A) registered as a farm truck under subsection (c)
3        of Section 3-815 of this Code; or
4            (B) operated in combination as an articulated
5        vehicle when the truck in the combination is registered
6        for 12,000 lbs. or less as a covered farm vehicle under
7        subsections (a) and (a-5) of Section 3-815 of this Code
8        or subsection (a) of Section 3-818 of this Code and
9        contains in the cab of the motor vehicle a registration
10        designating the vehicle as a covered farm vehicle under
11        subsection (a) of Section 3-815 of this Code and the
12        trailer in the combination is registered as a farm
13        trailer under subsection (a) of Section 3-819 of this
14        Code and displays a farm registration license plate; or
15            (C) a truck registered for 12,000 lbs. or less as a
16        covered farm vehicle under subsections (a) and (a-5) of
17        Section 3-815 of this Code or subsection (a) of Section
18        3-818 of this Code containing in the cab of the motor
19        vehicle a registration designating the vehicle as a
20        covered farm vehicle under subsection (a) of Section
21        3-815 of this Code that is towing an implement of
22        husbandry as part of a farming operation; and
23        (4) is not used in for-hire motor carrier operations;
24    except that this paragraph (4) does not apply to the
25    transport of a landlord's portion of crops by a tenant
26    under a crop share farm lease agreement; and

 

 

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1        (5) has a gross vehicle weight rating (GVWR), a gross
2    combination weight rating (GCWR), or a gross vehicle weight
3    or gross vehicle combination weight, whichever is greater,
4    that is:
5            (A) 26,001 lbs. or less, for vehicles operating in
6        interstate commerce; or
7            (B) greater than 26,001 lbs., operating in
8        interstate commerce and registered in this State; or
9            (C) greater than 26,001 lbs. and traveling
10        interstate within 150 air miles of the farm or ranch
11        for which the vehicle is being operated, regardless of
12        whether it is registered in this State; or
13            (D) greater than 10,000 lbs. and traveling
14        intrastate.
15    "Direct compensation" means payment made to the motor
16carrier by the passengers or a person acting on behalf of the
17passengers for the transportation services provided, and not
18included in a total package charge or other assessment for
19highway transportation services. ;
20    "Farm supplies for agricultural purposes" means products
21directly related to the growing or harvesting of agricultural
22commodities and livestock feed at any time of the year. ;
23    "Livestock" means cattle, sheep, goats, swine, poultry
24(including egg-producing poultry), fish used for food, and
25other animals designated by the Secretary of the United States
26Department of Transportation (at his or her sole discretion)

 

 

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1that are part of a foundation herd (including producing dairy
2cattle) or offspring. ;
3    "Officer" means Illinois State Police Officer. ;
4    "Person" means any natural person or individual,
5governmental body, firm, association, partnership,
6copartnership, joint venture, company, corporation, joint
7stock company, trust, estate or any other legal entity or their
8legal representative, agent or assigns.
9(Source: P.A. 97-795, eff. 1-1-13.)
 
10    Section 99. Effective date. This Act takes effect upon
11becoming law.".