100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB1316

 

Introduced 2/9/2017, by Sen. Antonio Muņoz

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 3305/25 new
30 ILCS 105/5.878 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 advise 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 2018 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.


LRB100 09498 AXK 19661 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB1316LRB100 09498 AXK 19661 b

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 advise 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

 

 

SB1316- 2 -LRB100 09498 AXK 19661 b

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 5.878 as follows:
 
22    (30 ILCS 105/5.878 new)
23    Sec. 5.878. The Homeland Security Preparedness Fund.
 

 

 

SB1316- 3 -LRB100 09498 AXK 19661 b

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 Fee
15Motor vehicles of the first division other
16than Autocycles, Motorcycles, Motor
17Driven Cycles and Pedalcycles$98
18
19Autocycles68
20
21Motorcycles, Motor Driven
22Cycles and Pedalcycles 38
23    A $1 surcharge shall be collected in addition to the above
24fees for motor vehicles of the first division, autocycles,

 

 

SB1316- 4 -LRB100 09498 AXK 19661 b

1motorcycles, motor driven cycles, and pedalcycles to be
2deposited into the State Police Vehicle 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    A $2 surcharge shall be collected in addition to the above
7fees for motor vehicles of the first division, autocycles,
8motorcycles, motor driven cycles, and pedalcycles to be
9deposited into the Park and Conservation Fund for the
10Department of Natural Resources to use for conservation
11efforts. The monies deposited into the Park and Conservation
12Fund under this Section shall not be subject to administrative
13charges or chargebacks unless otherwise authorized by this Act.
14    Beginning with the 2018 registration year, a $3 surcharge
15shall be collected in addition to the above fees for motor
16vehicles of the first division, motorcycles, motor driven
17cycles, and pedalcycles to be deposited into the Homeland
18Security Preparedness Fund for the Illinois Emergency
19Management Agency to use as directed under Section 25 of the
20Illinois Emergency Management Agency Act. This surcharge shall
21not apply to registration of vehicles by units of local, State,
22or federal government and organizations based in this State
23that meet the requirements of Title 26, Section 501 (c)(3) of
24the United States Code.
25(Source: P.A. 97-412, eff. 1-1-12; 97-811, eff. 7-13-12;
2697-1136, eff. 1-1-13; 98-463, eff. 8-16-13; 98-777, eff.

 

 

SB1316- 5 -LRB100 09498 AXK 19661 b

11-1-15.)
 
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 LoadClass year
178,000 lbs. and lessB$98
188,001 lbs. to 12,000 lbs.D138
1912,001 lbs. to 16,000 lbs.F242
2016,001 lbs. to 26,000 lbs.H490
2126,001 lbs. to 28,000 lbs.J630
2228,001 lbs. to 32,000 lbs.K842
2332,001 lbs. to 36,000 lbs.L982
2436,001 lbs. to 40,000 lbs.N1,202
2540,001 lbs. to 45,000 lbs.P1,390

 

 

SB1316- 6 -LRB100 09498 AXK 19661 b

145,001 lbs. to 50,000 lbs.Q1,538
250,001 lbs. to 54,999 lbs.R1,698
355,000 lbs. to 59,500 lbs.S1,830
459,501 lbs. to 64,000 lbs.T1,970
564,001 lbs. to 73,280 lbs.V2,294
673,281 lbs. to 77,000 lbs.X2,622
777,001 lbs. to 80,000 lbs.Z2,790
8    Beginning with the 2010 registration year a $1 surcharge
9shall be collected for vehicles registered in the 8,000 lbs.
10and less flat weight plate category above to be deposited into
11the State Police Vehicle Fund.
12    Beginning with the 2014 registration year, a $2 surcharge
13shall be collected in addition to the above fees for vehicles
14registered in the 8,000 lb. and less flat weight plate category
15as described in this subsection (a) to be deposited into the
16Park and Conservation Fund for the Department of Natural
17Resources to use for conservation efforts. The monies deposited
18into the Park and Conservation Fund under this Section shall
19not be subject to administrative charges or chargebacks unless
20otherwise authorized by this Act.
21    All of the proceeds of the additional fees imposed by this
22amendatory Act of the 96th General Assembly shall be deposited
23into the Capital Projects Fund.
24    Beginning with the 2018 registration year, a $3 surcharge
25shall be collected in addition to the above fees for vehicles
26registered in the 8,000 lb. and less flat weight plate category

 

 

SB1316- 7 -LRB100 09498 AXK 19661 b

1as described in this subsection (a) to be deposited into the
2Homeland Security Preparedness Fund for the Illinois Emergency
3Management Agency to use as directed under Section 25 of the
4Illinois Emergency Management Agency Act. This surcharge shall
5not apply to registration of vehicles by units of local, State,
6or federal government and organizations based in this State
7that meet the requirements of Title 26, Section 501 (c)(3) of
8the United States Code.
9    (a-1) A Special Hauling Vehicle is a vehicle or combination
10of vehicles of the second division registered under Section
113-813 transporting asphalt or concrete in the plastic state or
12a vehicle or combination of vehicles that are subject to the
13gross weight limitations in subsection (a) of Section 15-111
14for which the owner of the vehicle or combination of vehicles
15has elected to pay, in addition to the registration fee in
16subsection (a), $125 to the Secretary of State for each
17registration year. The Secretary shall designate this class of
18vehicle as a Special Hauling Vehicle.
19    (a-5) Beginning January 1, 2015, upon the request of the
20vehicle owner, a $10 surcharge shall be collected in addition
21to the above fees for vehicles in the 12,000 lbs. and less flat
22weight plate categories as described in subsection (a) to be
23deposited into the Secretary of State Special License Plate
24Fund. The $10 surcharge is to identify vehicles in the 12,000
25lbs. and less flat weight plate categories as a covered farm
26vehicle. The $10 surcharge is an annual, flat fee that shall be

 

 

SB1316- 8 -LRB100 09498 AXK 19661 b

1based on an applicant's new or existing registration year for
2each vehicle in the 12,000 lbs. and less flat weight plate
3categories. A designation as a covered farm vehicle under this
4subsection (a-5) shall not alter a vehicle's registration as a
5registration in the 12,000 lbs. or less flat weight category.
6The Secretary shall adopt any rules necessary to implement this
7subsection (a-5).
8    (b) Except as provided in Section 3-806.3, every camping
9trailer, motor home, mini motor home, travel trailer, truck
10camper or van camper used primarily for recreational purposes,
11and not used commercially, nor for hire, nor owned by a
12commercial business, may be registered for each registration
13year upon the filing of a proper application and the payment of
14a registration fee and highway use tax, according to the
15following table of fees:
16
MOTOR HOME, MINI MOTOR HOME, TRUCK CAMPER OR VAN CAMPER
17Gross Weight in Lbs.Total Fees
18Including Vehicle andEach
19Maximum LoadCalendar Year
208,000 lbs and less$78
218,001 Lbs. to 10,000 Lbs90
2210,001 Lbs. and Over102
23
CAMPING TRAILER OR TRAVEL TRAILER
24Gross Weight in Lbs.Total Fees
25Including Vehicle andEach
26Maximum LoadCalendar Year

 

 

SB1316- 9 -LRB100 09498 AXK 19661 b

13,000 Lbs. and Less$18
23,001 Lbs. to 8,000 Lbs.30
38,001 Lbs. to 10,000 Lbs.38
410,001 Lbs. and Over50
5    Every house trailer must be registered under Section 3-819.
6    (c) Farm Truck. Any truck used exclusively for the owner's
7own agricultural, horticultural or livestock raising
8operations and not-for-hire only, or any truck used only in the
9transportation for-hire of seasonal, fresh, perishable fruit
10or vegetables from farm to the point of first processing, may
11be registered by the owner under this paragraph in lieu of
12registration under paragraph (a), upon filing of a proper
13application and the payment of the $10 registration fee and the
14highway use tax herein specified as follows:
15
SCHEDULE OF FEES AND TAXES
16Gross Weight in Lbs.Total Amount for
17Including Truck andeach
18Maximum LoadClassFiscal Year
1916,000 lbs. or lessVF$150
2016,001 to 20,000 lbs.VG226
2120,001 to 24,000 lbs.VH290
2224,001 to 28,000 lbs.VJ378
2328,001 to 32,000 lbs.VK506
2432,001 to 36,000 lbs.VL610
2536,001 to 45,000 lbs.VP810
2645,001 to 54,999 lbs.VR1,026

 

 

SB1316- 10 -LRB100 09498 AXK 19661 b

155,000 to 64,000 lbs.VT1,202
264,001 to 73,280 lbs.VV1,290
373,281 to 77,000 lbs.VX1,350
477,001 to 80,000 lbs.VZ1,490
5    In the event the Secretary of State revokes a farm truck
6registration as authorized by law, the owner shall pay the flat
7weight tax due hereunder before operating such truck.
8    Any combination of vehicles having 5 axles, with a distance
9of 42 feet or less between extreme axles, that are subject to
10the weight limitations in subsection (a) of Section 15-111 for
11which the owner of the combination of vehicles has elected to
12pay, in addition to the registration fee in subsection (c),
13$125 to the Secretary of State for each registration year shall
14be designated by the Secretary as a Special Hauling Vehicle.
15    (d) The number of axles necessary to carry the maximum load
16provided shall be determined from Chapter 15 of this Code.
17    (e) An owner may only apply for and receive 5 farm truck
18registrations, and only 2 of those 5 vehicles shall exceed
1959,500 gross weight in pounds per vehicle.
20    (f) Every person convicted of violating this Section by
21failure to pay the appropriate flat weight tax to the Secretary
22of State as set forth in the above tables shall be punished as
23provided for in Section 3-401.
24(Source: P.A. 97-201, eff. 1-1-12; 97-811, eff. 7-13-12;
2597-1136, eff. 1-1-13; 98-463, eff. 8-16-13; 98-882, eff.
268-13-14.)