HB5441 98TH GENERAL ASSEMBLY

  
  

 


 
98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5441

 

Introduced , by Rep. Elaine Nekritz

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 3305/25 new
30 ILCS 105/5.855 new
625 ILCS 5/3-806  from Ch. 95 1/2, par. 3-806
625 ILCS 5/3-815  from Ch. 95 1/2, par. 3-815

    Amends the Illinois Emergency Management Agency Act. Provides that the Illinois Emergency Management Agency shall establish guidelines by rule for the expenditure of the funds in the Homeland Security Preparedness Fund with input provided by a statewide interagency organization and public safety multidisciplinary organizations established to advice the Director of the Illinois Emergency Management Agency regarding public safety preparedness. Provides that the Illinois Emergency Management Agency shall spend the moneys in the fund to enhance State and local homeland security preparedness, all risk disaster response readiness, and statewide public safety mutual aid. Amends the State Finance Act to create the Homeland Security Preparedness Fund. Amends the Illinois Vehicle Code. Provides that, beginning with the 2014 registration year, a $3 surcharge shall be collected in addition to other registration fees for motor vehicles of the first division, motorcycles, motor driven cycles, pedalcycles, and vehicles registered in the 8,000 lb. and less flat weight plate category to be deposited into the Homeland Security Preparedness Fund for the Illinois Emergency Management Agency to use as directed under the Illinois Emergency Management Agency Act. Provides that this surcharge shall not apply to registration of vehicles by units of local, State, or federal government and other specified organizations.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Emergency Management Agency Act is
5amended by adding Section 25 as follows:
 
6    (20 ILCS 3305/25 new)
7    Sec. 25. Homeland security preparedness.
8    (a) There is hereby created the Homeland Security
9Preparedness Fund as a special fund in the State treasury.
10    (b) The Illinois Emergency Management Agency shall
11establish guidelines by rule for the expenditure of the funds
12in the Homeland Security Preparedness Fund with input provided
13by a statewide interagency organization and public safety
14multidisciplinary organizations established to advice the
15Director of the Illinois Emergency Management Agency regarding
16public safety preparedness.
17    (c) Following the guidelines established under subsection
18(b) of this Section, the Illinois Emergency Management Agency
19shall spend the moneys in the fund to enhance State and local
20homeland security preparedness, all risk disaster response
21readiness, and statewide public safety mutual aid.
22    (d) The use of all funds shall be limited to statewide
23mutual aid based systems, interoperable communications systems

 

 

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1and networks, initiatives and programs designed for statewide
2emergency incident planning, prevention, and response.
3    (e) Funds shall be distributed among the programs as
4follows:
5        (1) for statewide law enforcement mutual aid: 33%;
6        (2) for fire protection mutual aid: 33%; and
7        (3) for other statewide preparedness projects,
8    programs, and efforts as determined by the Illinois
9    Emergency Management Agency: 34%.
10    The statewide preparedness projects, programs, and efforts
11under paragraph (3) of subsection (e) include, but are not
12limited to, state preparedness systems concerning terrorism
13intelligence, protection and preventive programs, and
14statewide public safety training programs, funds spent for Cook
15county and the city of Chicago, and local emergency management
16agencies.
17    (f) Moneys in the Homeland Security Preparedness Fund shall
18be transferred each month to the Illinois Emergency Management
19Agency for redistribution to the appropriate organizations.
 
20    Section 10. The State Finance Act is amended by adding
21Section 5.855 as follows:
 
22    (30 ILCS 105/5.855 new)
23    Sec. 5.855. The Homeland Security Preparedness Fund.
 

 

 

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1    Section 15. The Illinois Vehicle Code is amended by
2changing Sections 3-806 and 3-815 as follows:
 
3    (625 ILCS 5/3-806)  (from Ch. 95 1/2, par. 3-806)
4    Sec. 3-806. Registration Fees; Motor Vehicles of the First
5Division. Every owner of any other motor vehicle of the first
6division, except as provided in Sections 3-804, 3-804.01,
73-804.3, 3-805, 3-806.3, 3-806.7, and 3-808, and every second
8division vehicle weighing 8,000 pounds or less, shall pay the
9Secretary of State an annual registration fee at the following
10rates:
 
11SCHEDULE OF REGISTRATION FEES
12REQUIRED BY LAW
13Beginning with the 2010 registration year
14Annual
15Fee
16Motor vehicles of the first
17division other than
18Motorcycles, Motor Driven
19Cycles and Pedalcycles$98
20Motorcycles, Motor Driven
21Cycles and Pedalcycles 38
22    Beginning with the 2010 registration year a $1 surcharge
23shall be collected in addition to the above fees for motor
24vehicles of the first division, motorcycles, motor driven

 

 

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1cycles, and pedalcycles to be deposited into the State Police
2Vehicle Fund.
3    All of the proceeds of the additional fees imposed by
4Public Act 96-34 shall be deposited into the Capital Projects
5Fund.
6    Beginning with the 2014 registration year, a $2 surcharge
7shall be collected in addition to the above fees for motor
8vehicles of the first division, motorcycles, motor driven
9cycles, and pedalcycles to be deposited into the Park and
10Conservation Fund for the Department of Natural Resources to
11use for conservation efforts. The monies deposited into the
12Park and Conservation Fund under this Section shall not be
13subject to administrative charges or chargebacks unless
14otherwise authorized by this Act.
15    Beginning with the 2014 registration year, a $3 surcharge
16shall be collected in addition to the above fees for motor
17vehicles of the first division, motorcycles, motor driven
18cycles, and pedalcycles to be deposited into the Homeland
19Security Preparedness Fund for the Illinois Emergency
20Management Agency to use as directed under Section 25 of the
21Illinois Emergency Management Agency Act. This surcharge shall
22not apply to registration of vehicles by units of local, State,
23or federal government and organizations based in this State
24that meet the requirements of Title 26, Section 501 (c)(3) of
25the United States Code.
26(Source: P.A. 97-412, eff. 1-1-12; 97-811, eff. 7-13-12;

 

 

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197-1136, eff. 1-1-13; 98-463, eff. 8-16-13.)
 
2    (625 ILCS 5/3-815)  (from Ch. 95 1/2, par. 3-815)
3    Sec. 3-815. Flat weight tax; vehicles of the second
4division.
5    (a) Except as provided in Section 3-806.3 and 3-804.3,
6every owner of a vehicle of the second division registered
7under Section 3-813, and not registered under the mileage
8weight tax under Section 3-818, shall pay to the Secretary of
9State, for each registration year, for the use of the public
10highways, a flat weight tax at the rates set forth in the
11following table, the rates including the $10 registration fee:
12
SCHEDULE OF FLAT WEIGHT TAX
13
REQUIRED BY LAW
14Gross Weight in Lbs.Total Fees
15Including Vehicle each Fiscal
16and Maximum year
17LoadClass
188,000 lbs. and lessB$98
198,001 lbs. to 12,000 lbs.D138
2012,001 lbs. to 16,000 lbs.F242
2116,001 lbs. to 26,000 lbs.H490
2226,001 lbs. to 28,000 lbs.J630
2328,001 lbs. to 32,000 lbs.K842
2432,001 lbs. to 36,000 lbs.L982
2536,001 lbs. to 40,000 lbs.N1,202

 

 

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140,001 lbs. to 45,000 lbs.P1,390
245,001 lbs. to 50,000 lbs.Q1,538
350,001 lbs. to 54,999 lbs.R1,698
455,000 lbs. to 59,500 lbs.S1,830
559,501 lbs. to 64,000 lbs.T1,970
664,001 lbs. to 73,280 lbs.V2,294
773,281 lbs. to 77,000 lbs.X2,622
877,001 lbs. to 80,000 lbs.Z2,790
9    Beginning with the 2010 registration year a $1 surcharge
10shall be collected for vehicles registered in the 8,000 lbs.
11and less flat weight plate category above to be deposited into
12the State Police Vehicle Fund.
13    Beginning with the 2014 registration year, a $2 surcharge
14shall be collected in addition to the above fees for vehicles
15registered in the 8,000 lb. and less flat weight plate category
16as described in this subsection (a) to be deposited into the
17Park and Conservation Fund for the Department of Natural
18Resources to use for conservation efforts. The monies deposited
19into the Park and Conservation Fund under this Section shall
20not be subject to administrative charges or chargebacks unless
21otherwise authorized by this Act.
22    All of the proceeds of the additional fees imposed by this
23amendatory Act of the 96th General Assembly shall be deposited
24into the Capital Projects Fund.
25    Beginning with the 2014 registration year, a $3 surcharge
26shall be collected in addition to the above fees for vehicles

 

 

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1registered in the 8,000 lb. and less flat weight plate category
2as described in this subsection (a) to be deposited into the
3Homeland Security Preparedness Fund for the Illinois Emergency
4Management Agency to use as directed under Section 25 of the
5Illinois Emergency Management Agency Act. This surcharge shall
6not apply to registration of vehicles by units of local, State,
7or federal government and organizations based in this State
8that meet the requirements of Title 26, Section 501 (c)(3) of
9the United States Code.
10    (a-1) A Special Hauling Vehicle is a vehicle or combination
11of vehicles of the second division registered under Section
123-813 transporting asphalt or concrete in the plastic state or
13a vehicle or combination of vehicles that are subject to the
14gross weight limitations in subsection (a) of Section 15-111
15for which the owner of the vehicle or combination of vehicles
16has elected to pay, in addition to the registration fee in
17subsection (a), $125 to the Secretary of State for each
18registration year. The Secretary shall designate this class of
19vehicle as a Special Hauling Vehicle.
20    (b) Except as provided in Section 3-806.3, every camping
21trailer, motor home, mini motor home, travel trailer, truck
22camper or van camper used primarily for recreational purposes,
23and not used commercially, nor for hire, nor owned by a
24commercial business, may be registered for each registration
25year upon the filing of a proper application and the payment of
26a registration fee and highway use tax, according to the

 

 

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1following table of fees:
2
MOTOR HOME, MINI MOTOR HOME, TRUCK CAMPER OR VAN CAMPER
3Gross Weight in Lbs.Total Fees
4Including Vehicle andEach
5Maximum LoadCalendar Year
68,000 lbs and less$78
78,001 Lbs. to 10,000 Lbs90
810,001 Lbs. and Over102
9
CAMPING TRAILER OR TRAVEL TRAILER
10Gross Weight in Lbs.Total Fees
11Including Vehicle andEach
12Maximum LoadCalendar Year
133,000 Lbs. and Less$18
143,001 Lbs. to 8,000 Lbs.30
158,001 Lbs. to 10,000 Lbs.38
1610,001 Lbs. and Over50
17    Every house trailer must be registered under Section 3-819.
18    (c) Farm Truck. Any truck used exclusively for the owner's
19own agricultural, horticultural or livestock raising
20operations and not-for-hire only, or any truck used only in the
21transportation for-hire of seasonal, fresh, perishable fruit
22or vegetables from farm to the point of first processing, may
23be registered by the owner under this paragraph in lieu of
24registration under paragraph (a), upon filing of a proper
25application and the payment of the $10 registration fee and the
26highway use tax herein specified as follows:

 

 

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1
SCHEDULE OF FEES AND TAXES
2Gross Weight in Lbs.Total Amount for
3Including Truck andeach
4Maximum LoadClassFiscal Year
516,000 lbs. or lessVF$150
616,001 to 20,000 lbs.VG226
720,001 to 24,000 lbs.VH290
824,001 to 28,000 lbs.VJ378
928,001 to 32,000 lbs.VK506
1032,001 to 36,000 lbs.VL610
1136,001 to 45,000 lbs.VP810
1245,001 to 54,999 lbs.VR1,026
1355,000 to 64,000 lbs.VT1,202
1464,001 to 73,280 lbs.VV1,290
1573,281 to 77,000 lbs.VX1,350
1677,001 to 80,000 lbs.VZ1,490
17    In the event the Secretary of State revokes a farm truck
18registration as authorized by law, the owner shall pay the flat
19weight tax due hereunder before operating such truck.
20    Any combination of vehicles having 5 axles, with a distance
21of 42 feet or less between extreme axles, that are subject to
22the weight limitations in subsection (a) of Section 15-111 for
23which the owner of the combination of vehicles has elected to
24pay, in addition to the registration fee in subsection (c),
25$125 to the Secretary of State for each registration year shall
26be designated by the Secretary as a Special Hauling Vehicle.

 

 

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1    (d) The number of axles necessary to carry the maximum load
2provided shall be determined from Chapter 15 of this Code.
3    (e) An owner may only apply for and receive 5 farm truck
4registrations, and only 2 of those 5 vehicles shall exceed
559,500 gross weight in pounds per vehicle.
6    (f) Every person convicted of violating this Section by
7failure to pay the appropriate flat weight tax to the Secretary
8of State as set forth in the above tables shall be punished as
9provided for in Section 3-401.
10(Source: P.A. 97-201, eff. 1-1-12; 97-811, eff. 7-13-12;
1197-1136, eff. 1-1-13; 98-463, eff. 8-16-13.)