State of Illinois
91st General Assembly
Legislation

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[ Engrossed ][ Enrolled ][ Senate Amendment 001 ]

91_HB1809

 
                                               LRB9103885KSpr

 1        AN  ACT  to  amend  the Illinois Vehicle Code by changing
 2    Section 3-818.

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

 5        Section  5.   The  Illinois  Vehicle  Code  is amended by
 6    changing Section 3-818 as follows:

 7        (625 ILCS 5/3-818) (from Ch. 95 1/2, par. 3-818)
 8        Sec. 3-818.  Mileage weight tax option.  Any owner  of  a
 9    vehicle  of  the  second  division may elect to pay a mileage
10    weight tax for such vehicle in lieu of the  flat  weight  tax
11    set  out  in Section 3-815. Such election shall be binding to
12    the end of the registration year. Renewal  of  this  election
13    must be filed with the Secretary of State on or before July 1
14    of  each  registration period. In such event the owner shall,
15    at the time of making such election, pay the $10 registration
16    fee  and  the  minimum  guaranteed  mileage  weight  tax,  as
17    hereinafter provided, which payment shall permit the owner to
18    operate that  vehicle  the  maximum  mileage  in  this  State
19    hereinafter  set forth. Any vehicle being operated on mileage
20    plates cannot be operated outside of this State. In  addition
21    thereto, the owner of that vehicle shall pay a mileage weight
22    tax  at  the  following  rates for each mile traveled in this
23    State in excess of the maximum  mileage  provided  under  the
24    minimum guaranteed basis:
25                     BUS, TRUCK OR TRUCK TRACTOR
26                                            Maximum       Mileage
27                                 Minimum    Mileage    Weight Tax
28                                Guaranteed Permitted  for Mileage
29    Gross Weight                 Mileage     Under   in excess of
30    Vehicle and                   Weight   Guaranteed  Guaranteed
31    Load                  Class    Tax        Tax         Mileage
 
                            -2-                LRB9103885KSpr
 1    12,000 lbs. or less    MD      $58       5,000       21 Mills
 2    12,001 to 16,000 lbs.  MF       96       6,000       27 Mills
 3    16,001 to 20,000 lbs.  MG      144       6,000       37 Mills
 4    20,001 to 24,000 lbs.  MH      188       6,000       50 Mills
 5    24,001 to 28,000 lbs.  MJ      252       7,000       50 Mills
 6    28,001 to 32,000 lbs.  MK      308       7,000       66 Mills
 7    32,001 to 36,000 lbs.  ML      388       7,000       79 Mills
 8    36,001 to 40,000 lbs.  MN      492       7,000      102 Mills
 9    40,001 to 45,000 lbs.  MP      556       7,000      111 Mills
10    45,001 to 54,999 lbs.  MR      682       7,000      125 Mills
11    55,000 to 59,500 lbs.  MS      736       7,000      142 Mills
12    59,501 to 64,000 lbs.  MT      788       7,000      156 Mills
13    64,001 to 73,280 lbs.  MV      938       7,000      180 Mills
14    73,281 to 77,000 lbs.  MX     1,062      7,000      206 Mills
15    77,001 to 80,000 lbs.  MZ     1,132      7,000      220 Mills
16                               TRAILER
17                                             Maximum      Mileage
18                                   Minimum   Mileage   Weight Tax
19                                Guaranteed Permitted  for Mileage
20    Gross Weight                   Mileage     Under in excess of
21    Vehicle and                     Weight Guaranteed  Guaranteed
22    Load                  Class        Tax       Tax      Mileage
23    14,000 lbs. or less      ME        $60     5,000     25 Mills
24    14,001 to 20,000 lbs.    MF        108     6,000     29 Mills
25    20,001 to 36,000 lbs.    ML        432     7,000     82 Mills
26    36,001 to 40,000 lbs.    MM        600     7,000    120 Mills
27        (a-1)  A   Special   Hauling  Vehicle  is  a  vehicle  or
28    combination of vehicles of  the  second  division  registered
29    under  Section  3-813 transporting asphalt or concrete in the
30    plastic state or a vehicle or combination  of  vehicles  that
31    are subject to the gross weight limitations in subsection (b)
32    of  Section  15-111  for  which  the  owner of the vehicle or
33    combination of vehicles has elected to pay,  in  addition  to
34    the registration fee in subsection (a), $100 to the Secretary
 
                            -3-                LRB9103885KSpr
 1    of  State  for  each  registration year.  The Secretary shall
 2    designate this class of vehicle as a Special Hauling Vehicle.
 3        In preparing rate schedules on registration applications,
 4    the Secretary of State shall add to the above rates, the  $10
 5    registration  fee.  The  Secretary  may decline to accept any
 6    renewal filed after July 1st.
 7        The number of axles necessary to carry the  maximum  load
 8    provided shall be determined from Chapter 15 of this Code.
 9        Every  owner of a second division motor vehicle for which
10    he has elected to pay a mileage weight tax shall keep a daily
11    record upon forms  prescribed  by  the  Secretary  of  State,
12    showing  the  mileage  covered by that vehicle in this State.
13    Such record shall contain the license number of  the  vehicle
14    and  the miles traveled by the vehicle in this State for each
15    day of the calendar month. Such  owner  shall  also  maintain
16    records  of fuel consumed by each such motor vehicle and fuel
17    purchases therefor. On or before the 10th day of January  and
18    July  the  owner shall certify to the Secretary of State upon
19    forms prescribed therefor, summaries  of  his  daily  records
20    which  shall  show  the miles traveled by the vehicle in this
21    State  during  the  preceding  6  months   and   such   other
22    information  as the Secretary of State may require. The daily
23    record  and  fuel  records  shall  be  filed,  preserved  and
24    available for audit for a period of 3 years. Any owner filing
25    a return hereunder shall certify that such return is a  true,
26    correct and complete return. Any person who willfully makes a
27    false  return  hereunder  is  guilty  of perjury and shall be
28    punished in the same manner and to  the  same  extent  as  is
29    provided therefor.
30        At the time of filing his return, each owner shall pay to
31    the  Secretary  of State the proper amount of tax at the rate
32    herein imposed.
33        Every owner of a  vehicle  of  the  second  division  who
34    elects  to pay on a mileage weight tax basis and who operates
 
                            -4-                LRB9103885KSpr
 1    the vehicle within this State, shall file with the  Secretary
 2    of  State a bond in the amount of $500.  The bond shall be in
 3    a form approved by the Secretary of State and with  a  surety
 4    company  approved  by the Illinois Department of Insurance to
 5    transact business in this  State  as  surety,  and  shall  be
 6    conditioned  upon  such  applicant's  paying  to the State of
 7    Illinois all money becoming due by reason of the operation of
 8    the second division vehicle in this State, together with  all
 9    penalties and interest thereon.
10        The  liability  of the surety under this Section shall be
11    absolute  and  upon  notice  from  the  Secretary  that   the
12    registrant  has  failed  to  pay  the excess mileage fees the
13    surety shall immediately  pay  the  fees  together  with  any
14    penalties and interest thereon.
15    (Source:  P.A.  88-403;  89-571,  eff.  7-26-96; 89-710, eff.
16    2-14-97.)

17        Section 99.  Effective date.  This Act takes effect  upon
18    becoming law.

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