Full Text of SB3398 98th General Assembly
SB3398sam003 98TH GENERAL ASSEMBLY | Sen. Toi W. Hutchinson Filed: 4/30/2014
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| 1 | | AMENDMENT TO SENATE BILL 3398
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3398 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Vehicle Code is amended by | 5 | | changing 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 | 8 | | division.
| 9 | | (a) Except
as provided in Section 3-806.3 and 3-804.3, | 10 | | every owner
of a vehicle of the second division registered | 11 | | under Section 3-813, and
not registered under the mileage | 12 | | weight tax under Section 3-818, shall
pay to the Secretary of | 13 | | State, for each registration year, for the use
of the public | 14 | | highways, a flat weight tax at the rates set forth in the
| 15 | | following table, the rates including the $10 registration fee:
| 16 | | SCHEDULE OF FLAT WEIGHT TAX
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| 1 | | REQUIRED BY LAW
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2 | | Gross Weight in Lbs. |
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Total Fees |
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3 | | Including Vehicle |
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each Fiscal |
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4 | | and Maximum |
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year |
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5 | | Load |
Class |
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6 | | 8,000 lbs. and less |
B |
$98 |
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7 | | 8,001 lbs. to 12,000 lbs. |
D |
138 |
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8 | | 12,001 lbs. to 16,000 lbs. |
F |
242 |
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9 | | 16,001 lbs. to 26,000 lbs. |
H |
490 |
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10 | | 26,001 lbs. to 28,000 lbs. |
J |
630 |
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11 | | 28,001 lbs. to 32,000 lbs. |
K |
842 |
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12 | | 32,001 lbs. to 36,000 lbs. |
L |
982 |
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13 | | 36,001 lbs. to 40,000 lbs. |
N |
1,202 |
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14 | | 40,001 lbs. to 45,000 lbs. |
P |
1,390 |
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15 | | 45,001 lbs. to 50,000 lbs. |
Q |
1,538 |
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16 | | 50,001 lbs. to 54,999 lbs. |
R |
1,698 |
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17 | | 55,000 lbs. to 59,500 lbs. |
S |
1,830 |
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18 | | 59,501 lbs. to 64,000 lbs. |
T |
1,970 |
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19 | | 64,001 lbs. to 73,280 lbs. |
V |
2,294 |
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20 | | 73,281 lbs. to 77,000 lbs. |
X |
2,622 |
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21 | | 77,001 lbs. to 80,000 lbs. |
Z |
2,790 |
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22 | | Beginning with the 2010 registration year a $1 surcharge | 23 | | shall be collected for vehicles registered in the 8,000 lbs. | 24 | | and less flat weight plate category above to be deposited into | 25 | | the State Police Vehicle Fund.
| 26 | | Beginning with the 2014 registration year, a $2 surcharge |
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| 1 | | shall be collected in addition to the above fees for vehicles | 2 | | registered in the 8,000 lb. and less flat weight plate category | 3 | | as described in this subsection (a) to be deposited into the | 4 | | Park and Conservation Fund for the Department of Natural | 5 | | Resources to use for conservation efforts. The monies deposited | 6 | | into the Park and Conservation Fund under this Section shall | 7 | | not be subject to administrative charges or chargebacks unless | 8 | | otherwise authorized by this Act. | 9 | | All of the proceeds of the additional fees imposed by this | 10 | | amendatory Act of the 96th General Assembly shall be deposited | 11 | | into the Capital Projects Fund. | 12 | | (a-1) A Special Hauling Vehicle is a vehicle or combination | 13 | | of vehicles of
the second
division registered under Section | 14 | | 3-813 transporting asphalt or concrete in the
plastic state or | 15 | | a vehicle or combination of vehicles that are subject to the
| 16 | | gross weight limitations in subsection (a) of Section 15-111 | 17 | | for which the
owner of the
vehicle or combination of vehicles | 18 | | has elected to pay, in addition to the
registration fee in | 19 | | subsection (a), $125 to the Secretary of State
for each
| 20 | | registration year. The Secretary shall designate this class of | 21 | | vehicle as
a Special Hauling Vehicle.
| 22 | | (a-5) Beginning January 1, 2015, upon the request of the | 23 | | vehicle owner, a $10 surcharge shall be collected in addition | 24 | | to the above fees for vehicles in the 12,000 lbs. and less flat | 25 | | weight plate categories as described in subsection (a) to be | 26 | | deposited into the Secretary of State Special License Plate |
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| 1 | | Fund. The $10 surcharge is to identify vehicles in the 12,000 | 2 | | lbs. and less flat weight plate categories as a covered farm | 3 | | vehicle. The $10 surcharge is an annual, flat fee that shall be | 4 | | based on an applicant's new or existing registration year for | 5 | | each vehicle in the 12,000 lbs. and less flat weight plate | 6 | | categories. A designation as a covered farm vehicle under this | 7 | | subsection (a-5) shall not alter a vehicle's registration as a | 8 | | registration in the 12,000 lbs. or less flat weight category. | 9 | | The Secretary shall adopt any rules necessary to implement this | 10 | | subsection (a-5). | 11 | | (b) Except as provided in Section 3-806.3, every camping | 12 | | trailer,
motor home, mini motor home, travel trailer, truck | 13 | | camper or van camper
used primarily for recreational purposes, | 14 | | and not used commercially, nor
for hire, nor owned by a | 15 | | commercial business, may be registered for each
registration | 16 | | year upon the filing of a proper application and the payment
of | 17 | | a registration fee and highway use tax, according to the | 18 | | following table of
fees:
| 19 | | MOTOR HOME, MINI MOTOR HOME, TRUCK CAMPER OR VAN CAMPER
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20 | | Gross Weight in Lbs. |
Total Fees |
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21 | | Including Vehicle and |
Each |
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22 | | Maximum Load |
Calendar Year |
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23 | | 8,000 lbs and less |
$78 |
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24 | | 8,001 Lbs. to 10,000 Lbs |
90 |
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25 | | 10,001 Lbs. and Over |
102 |
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26 | | CAMPING TRAILER OR TRAVEL TRAILER
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| 1 | | Gross Weight in Lbs. |
Total Fees |
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2 | | Including Vehicle and |
Each |
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3 | | Maximum Load |
Calendar Year |
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4 | | 3,000 Lbs. and Less |
$18 |
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5 | | 3,001 Lbs. to 8,000 Lbs. |
30 |
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6 | | 8,001 Lbs. to 10,000 Lbs. |
38 |
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7 | | 10,001 Lbs. and Over |
50 |
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8 | | Every house trailer must be registered under Section 3-819.
| 9 | | (c) Farm Truck. Any truck used exclusively for the owner's | 10 | | own
agricultural, horticultural or livestock raising | 11 | | operations and
not-for-hire only, or any truck used only in the | 12 | | transportation for-hire
of seasonal, fresh, perishable fruit | 13 | | or vegetables from farm to the
point of first processing,
may | 14 | | be registered by the owner under this paragraph in lieu of
| 15 | | registration under paragraph (a), upon filing of a proper | 16 | | application
and the payment of the $10 registration fee and the | 17 | | highway use tax
herein specified as follows:
| 18 | | SCHEDULE OF FEES AND TAXES
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19 | | Gross Weight in Lbs. |
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Total Amount for |
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20 | | Including Truck and |
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each |
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21 | | Maximum Load |
Class |
Fiscal Year |
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22 | | 16,000 lbs. or less |
VF |
$150 |
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23 | | 16,001 to 20,000 lbs. |
VG |
226 |
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24 | | 20,001 to 24,000 lbs. |
VH |
290 |
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25 | | 24,001 to 28,000 lbs. |
VJ |
378 |
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26 | | 28,001 to 32,000 lbs. |
VK |
506 |
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| 1 | | 32,001 to 36,000 lbs. |
VL |
610 |
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2 | | 36,001 to 45,000 lbs. |
VP |
810 |
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3 | | 45,001 to 54,999 lbs. |
VR |
1,026 |
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4 | | 55,000 to 64,000 lbs. |
VT |
1,202 |
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5 | | 64,001 to 73,280 lbs. |
VV |
1,290 |
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6 | | 73,281 to 77,000 lbs. |
VX |
1,350 |
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7 | | 77,001 to 80,000 lbs. |
VZ |
1,490 |
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8 | | In the event the Secretary of State revokes a farm truck | 9 | | registration
as authorized by law, the owner shall pay the flat | 10 | | weight tax due
hereunder before operating such truck.
| 11 | | Any combination of vehicles having 5 axles, with a distance | 12 | | of 42 feet or
less between extreme axles, that are subject to | 13 | | the weight limitations in
subsection (a) of Section 15-111 for | 14 | | which the owner of the combination
of
vehicles has elected to | 15 | | pay, in addition to the registration fee in subsection
(c), | 16 | | $125 to the Secretary of State for each registration year
shall | 17 | | be designated by the Secretary as a Special Hauling Vehicle.
| 18 | | (d) The number of axles necessary to carry the maximum load | 19 | | provided
shall be determined from Chapter 15 of this Code.
| 20 | | (e) An owner may only apply for and receive 5 farm truck
| 21 | | registrations, and only 2 of those 5 vehicles shall exceed | 22 | | 59,500 gross
weight in pounds per vehicle.
| 23 | | (f) Every person convicted of violating this Section by | 24 | | failure to pay
the appropriate flat weight tax to the Secretary | 25 | | of State as set forth in
the above tables shall be punished as | 26 | | provided 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; | 2 | | 97-1136, 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 | 5 | | clearly
requires, as used in this Chapter: | 6 | | "Agricultural commodities" means any agricultural | 7 | | commodity, non-processed food, feed, fiber, or livestock, | 8 | | including insects. | 9 | | "Agricultural operations" means the operation of a motor | 10 | | vehicle or combination of vehicles transporting agricultural | 11 | | commodities or farm supplies for agricultural purposes.
| 12 | | "Air mile" means a nautical mile, which is equivalent to | 13 | | 6,076 feet or 1,852 meters. Accordingly, 100 air miles are | 14 | | equivalent to 115.08 statute miles or 185.2 kilometers.
| 15 | | "Commercial motor vehicle" means any self propelled or | 16 | | towed
vehicle used on public highways in interstate and | 17 | | intrastate commerce to
transport passengers or property when | 18 | | the vehicle has a gross vehicle
weight, a gross vehicle
weight | 19 | | rating, a gross combination weight, or a gross combination
| 20 | | weight rating of 10,001 or more pounds;
or the vehicle is used | 21 | | or designed to transport more than 15 passengers, including
the | 22 | | driver; or the vehicle is designed to carry 15 or fewer | 23 | | passengers and is
operated by a contract carrier transporting | 24 | | employees in the course of their
employment
on a highway of | 25 | | this State; or the vehicle is used or designed to transport |
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| 1 | | between 9 and 15 passengers, including the driver, for direct | 2 | | compensation; or the vehicle is used in the
transportation of | 3 | | hazardous
materials in a quantity requiring placarding under | 4 | | the Illinois Hazardous
Materials Transportation Act. This | 5 | | definition shall not include farm
machinery, fertilizer | 6 | | spreaders, and other special agricultural movement
equipment | 7 | | described in Section 3-809 nor implements of husbandry as | 8 | | defined
in Section 1-130 . ;
| 9 | | "Covered farm vehicle", for purposes of this Chapter and | 10 | | rule-making under this Chapter, means a straight truck or | 11 | | articulated vehicle, excluding vehicles transporting hazardous | 12 | | materials of a type or quantity that requires the vehicle to be | 13 | | placarded in accordance with the Illinois Hazardous Materials | 14 | | Transportation Act, registered in this State or another state | 15 | | and equipped with a special license plate or other designation | 16 | | by the state in which the vehicle is registered identifying the | 17 | | vehicle as a covered farm vehicle for law enforcement personnel | 18 | | and: | 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 | | subsections (a) and (a-5) of Section 3-815 of this Code | 12 | | and the trailer in the combination is registered as a | 13 | | farm trailer under subsection (a) of Section 3-819 of | 14 | | this Code and displays a farm registration license | 15 | | plate; or | 16 | | (C) a truck registered for 12,000 lbs. or less as a | 17 | | covered farm vehicle under subsections (a) and (a-5) of | 18 | | Section 3-815 of this Code or subsection (a) of Section | 19 | | 3-818 of this Code containing in the cab of the motor | 20 | | vehicle a registration designating the vehicle as a | 21 | | covered farm vehicle under subsections (a) and (a-5) of | 22 | | Section 3-815 of this Code that is towing an implement | 23 | | of husbandry as part of a farming operation; and | 24 | | (4) is not used in for-hire motor carrier operations; | 25 | | however, for-hire motor carrier operations do not include | 26 | | the operation of a vehicle meeting the definition of a |
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| 1 | | covered farm vehicle by a tenant pursuant to a crop share | 2 | | farm lease agreement to transport the landlord's portion of | 3 | | the crops under that agreement; and | 4 | | (5) has a gross vehicle weight rating (GVWR), a gross | 5 | | combination weight rating (GCWR), or a gross vehicle weight | 6 | | or gross vehicle combination weight, whichever is greater, | 7 | | that is: | 8 | | (A) 26,001 lbs. or less, for vehicles operating in | 9 | | interstate commerce; or | 10 | | (B) greater than 26,001 lbs., operating in | 11 | | interstate commerce and registered in this State; or | 12 | | (C) greater than 26,001 lbs. and traveling | 13 | | interstate within 150 air miles of the farm or ranch | 14 | | for which the vehicle is being operated, regardless of | 15 | | whether it is registered in this State; or | 16 | | (D) greater than 10,000 lbs. and traveling | 17 | | intrastate. | 18 | | "Direct compensation" means payment made to the motor | 19 | | carrier by the passengers or a person acting on behalf of the | 20 | | passengers for the transportation services provided, and not | 21 | | included in a total package charge or other assessment for | 22 | | highway transportation services . ; | 23 | | "Farm supplies for agricultural purposes" means products | 24 | | directly related to the growing or harvesting of agricultural | 25 | | commodities and livestock feed at any time of the year . ; | 26 | | "Livestock" means cattle, sheep, goats, swine, poultry |
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| 1 | | (including egg-producing poultry), fish used for food, and | 2 | | other animals designated by the Secretary of the United States | 3 | | Department of Transportation (at his or her sole discretion) | 4 | | that are part of a foundation herd (including producing dairy | 5 | | cattle) or offspring . ;
| 6 | | "Officer" means Illinois State Police Officer . ;
| 7 | | "Person" means any natural person or individual, | 8 | | governmental body,
firm, association, partnership, | 9 | | copartnership, joint venture, company,
corporation, joint | 10 | | stock company, trust, estate or any other legal entity
or their | 11 | | legal representative, agent or assigns.
| 12 | | (Source: P.A. 97-795, eff. 1-1-13.)
| 13 | | Section 99. Effective date. This Act takes effect upon | 14 | | becoming law.".
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