HB2814 93rd General Assembly

093_HB2814

 
                                     LRB093 08472 LCB 08696 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  Illinois  Vehicle  Code  is  amended  by
 5    changing Section 3-818 as follows:

 6        (625 ILCS 5/3-818) (from Ch. 95 1/2, par. 3-818)
 7        Sec. 3-818.  (a) Mileage weight tax option.  Any owner of
 8    a  vehicle  of the second division may elect to pay a mileage
 9    weight tax for such vehicle in lieu of the  flat  weight  tax
10    set  out  in Section 3-815. Such election shall be binding to
11    the end of the registration year. Renewal  of  this  election
12    must be filed with the Secretary of State on or before July 1
13    of  each  registration period. In such event the owner shall,
14    at the time of making such election, pay the $10 registration
15    fee and the minimum guaranteed mileage weight tax for  either
16    a  maximum  of  3,000  miles  or a maximum of 7,000 miles, 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                                                          Mileage
27                                 Minimum    Minimum    Weight Tax
28                                Guaranteed Guaranteed for Mileage
29                                 Mileage    Mileage     in excess
30    Gross Weight                  Weight    Weight             of
31    Vehicle and                  Tax for    Tax for    Guaranteed
 
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 1                                   3000      7000
 2    Load                  Class  Maximum    Maximum       Mileage
 3                                  Miles      Miles
 4    12,000 lbs. or less    MD      $44       $102        26 Mills
 5    12,001 to 16,000 lbs.  MF       60        140        34 Mills
 6    16,001 to 20,000 lbs.  MG       90        210        46 Mills
 7    20,001 to 24,000 lbs.  MH      101        235        63 Mills
 8    24,001 to 28,000 lbs.  MJ      135        315        63 Mills
 9    28,001 to 32,000 lbs.  MK      165        385        83 Mills
10    32,001 to 36,000 lbs.  ML      208        485        99 Mills
11    36,001 to 40,000 lbs.  MN      264        615       128 Mills
12    40,001 to 45,000 lbs.  MP      298        695       139 Mills
13    45,001 to 54,999 lbs.  MR      366        853       156 Mills
14    55,000 to 59,500 lbs.  MS      395        920       178 Mills
15    59,501 to 64,000 lbs.  MT      423        985       195 Mills
16    64,001 to 73,280 lbs.  MV      503       1,173      225 Mills
17    73,281 to 77,000 lbs.  MX      570       1,328      258 Mills
18    77,001 to 80,000 lbs.  MZ      607       1,415      275 Mills
19                               TRAILER
20                                   Minimum   Minimum
21                                Guaranteed Guaranteed     Mileage
22                                   Mileage   Mileage   Weight Tax
23    Gross Weight                    Weight    Weight  for Mileage
24    Vehicle and                    Tax for   Tax for    in excess
25    Gross Weight                      3000      7000           of
26    Vehicle and                    Maximum   Maximum   Guaranteed
27    Load                  Class      Miles     Miles      Mileage
28    14,000 lbs. or less      ME        $45      $105     31 Mills
29    14,001 to 20,000 lbs.    MF         68       158     36 Mills
30    20,001 to 36,000 lbs.    ML        232       540    103 Mills
31    36,001 to 40,000 lbs.    MM        321       750    150 Mills
32        Once  each 12-month period the owner shall certify to the
33    Secretary of State at a time and on forms determined  by  the
34    Secretary  of  State the miles traveled by the vehicle in the
 
                            -3-      LRB093 08472 LCB 08696 b
 1    preceding period.
 2                     BUS, TRUCK OR TRUCK TRACTOR
 3                                            Maximum       Mileage
 4                                 Minimum    Mileage    Weight Tax
 5                                Guaranteed Permitted  for Mileage
 6    Gross Weight                 Mileage     Under   in excess of
 7    Vehicle and                   Weight   Guaranteed  Guaranteed
 8    Load                  Class    Tax        Tax         Mileage
 9    12,000 lbs. or less    MD      $73       5,000       26 Mills
10    12,001 to 16,000 lbs.  MF      120       6,000       34 Mills
11    16,001 to 20,000 lbs.  MG      180       6,000       46 Mills
12    20,001 to 24,000 lbs.  MH      235       6,000       63 Mills
13    24,001 to 28,000 lbs.  MJ      315       7,000       63 Mills
14    28,001 to 32,000 lbs.  MK      385       7,000       83 Mills
15    32,001 to 36,000 lbs.  ML      485       7,000       99 Mills
16    36,001 to 40,000 lbs.  MN      615       7,000      128 Mills
17    40,001 to 45,000 lbs.  MP      695       7,000      139 Mills
18    45,001 to 54,999 lbs.  MR      853       7,000      156 Mills
19    55,000 to 59,500 lbs.  MS      920       7,000      178 Mills
20    59,501 to 64,000 lbs.  MT      985       7,000      195 Mills
21    64,001 to 73,280 lbs.  MV     1,173      7,000      225 Mills
22    73,281 to 77,000 lbs.  MX     1,328      7,000      258 Mills
23    77,001 to 80,000 lbs.  MZ     1,415      7,000      275 Mills
24                               TRAILER
25                                             Maximum      Mileage
26                                   Minimum   Mileage   Weight Tax
27                                Guaranteed Permitted  for Mileage
28    Gross Weight                   Mileage     Under in excess of
29    Vehicle and                     Weight Guaranteed  Guaranteed
30    Load                  Class        Tax       Tax      Mileage
31    14,000 lbs. or less      ME        $75     5,000     31 Mills
32    14,001 to 20,000 lbs.    MF        135     6,000     36 Mills
33    20,001 to 36,000 lbs.    ML        540     7,000    103 Mills
34    36,001 to 40,000 lbs.    MM        750     7,000    150 Mills
 
                            -4-      LRB093 08472 LCB 08696 b
 1        (a-1)  A  Special  Hauling  Vehicle  is  a   vehicle   or
 2    combination  of  vehicles  of  the second division registered
 3    under Section 3-813 transporting asphalt or concrete  in  the
 4    plastic  state  or  a vehicle or combination of vehicles that
 5    are subject to the gross weight limitations in subsection (b)
 6    of Section 15-111 for which  the  owner  of  the  vehicle  or
 7    combination  of  vehicles  has elected to pay, in addition to
 8    the registration fee in subsection (a), $125 to the Secretary
 9    of State for each registration  year.   The  Secretary  shall
10    designate this class of vehicle as a Special Hauling Vehicle.
11        In preparing rate schedules on registration applications,
12    the  Secretary of State shall add to the above rates, the $10
13    registration fee. The Secretary may  decline  to  accept  any
14    renewal filed after July 1st.
15        The  number  of axles necessary to carry the maximum load
16    provided shall be determined from Chapter 15 of this Code.
17        Every owner of a second division motor vehicle for  which
18    he has elected to pay a mileage weight tax shall keep a daily
19    record  upon  forms  prescribed  by  the  Secretary of State,
20    showing the mileage covered by that vehicle  in  this  State.
21    Such  record  shall contain the license number of the vehicle
22    and the miles traveled by the vehicle in this State for  each
23    day  of  the  calendar  month. Such owner shall also maintain
24    records of fuel consumed by each such motor vehicle and  fuel
25    purchases  therefor. On or before the 10th day of January and
26    July the owner shall certify to the Secretary of  State  upon
27    forms  prescribed  therefor,  summaries  of his daily records
28    which shall show the miles traveled by the  vehicle  in  this
29    State   during   the   preceding  6  months  and  such  other
30    information as the Secretary of State may require. The  daily
31    record  and  fuel  records  shall  be  filed,  preserved  and
32    available for audit for a period of 3 years. Any owner filing
33    a  return hereunder shall certify that such return is a true,
34    correct and complete return. Any person who willfully makes a
 
                            -5-      LRB093 08472 LCB 08696 b
 1    false return hereunder is guilty  of  perjury  and  shall  be
 2    punished  in  the  same  manner  and to the same extent as is
 3    provided therefor.
 4        At the time of filing his return, each owner shall pay to
 5    the Secretary of State the proper amount of tax at  the  rate
 6    herein imposed.
 7        Every  owner  of  a  vehicle  of  the second division who
 8    elects to pay on a mileage weight tax basis and who  operates
 9    the  vehicle within this State, shall file with the Secretary
10    of State a bond in the amount of $500.  The bond shall be  in
11    a  form  approved by the Secretary of State and with a surety
12    company approved by the Illinois Department of  Insurance  to
13    transact  business  in  this  State  as  surety, and shall be
14    conditioned upon such applicant's  paying  to  the  State  of
15    Illinois all money becoming due by reason of the operation of
16    the  second division vehicle in this State, together with all
17    penalties and interest thereon.
18        Upon notice from the Secretary that  the  registrant  has
19    failed  to  pay  the  excess  mileage  fees, the surety shall
20    immediately pay the fees  together  with  any  penalties  and
21    interest thereon in an amount not to exceed the limits of the
22    bond.
23    (Source:  P.A.  91-37,  eff.  7-1-99;  91-499,  eff. 8-13-99;
24    92-16, eff. 6-28-01.)

25        Section 99.   Effective  date.   This  Act  takes  effect
26    January 1, 2004.