Full Text of HB0837 102nd General Assembly
HB0837 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB0837 Introduced 2/10/2021, by Rep. Joyce Mason SYNOPSIS AS INTRODUCED: |
| 625 ILCS 5/3-818 | from Ch. 95 1/2, par. 3-818 | 625 ILCS 5/3-819 | from Ch. 95 1/2, par. 3-819 |
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Amends the Illinois Vehicle Code. Decreases the minimum mileage weight tax and flat weight tax for certain trailers.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| | | HB0837 | | LRB102 14757 RAM 20110 b |
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| 1 | | AN ACT concerning transportation.
| 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 Sections 3-818 and 3-819 as follows:
| 6 | | (625 ILCS 5/3-818) (from Ch. 95 1/2, par. 3-818)
| 7 | | Sec. 3-818. Mileage weight tax option. | 8 | | (a) Any owner of a vehicle of
the second division may elect | 9 | | to pay a mileage weight tax for such vehicle
in lieu of the | 10 | | flat weight tax set out in Section 3-815. Such election
shall | 11 | | be binding to the end of the registration year. Renewal of this
| 12 | | election must be filed with the Secretary of State on or before | 13 | | July 1
of each registration period. In such event the owner | 14 | | shall, at the time
of making such election, pay the $10 | 15 | | registration fee and the minimum
guaranteed mileage weight | 16 | | tax, as hereinafter provided, which payment
shall permit the | 17 | | owner to operate that vehicle the maximum mileage in
this | 18 | | State hereinafter set forth. Any vehicle being operated on
| 19 | | mileage plates cannot be operated outside of this State. In | 20 | | addition
thereto, the owner of that vehicle shall pay a | 21 | | mileage weight tax at the
following rates for each mile | 22 | | traveled in this State in excess of the
maximum mileage | 23 | | provided under the minimum guaranteed basis:
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| 1 | | BUS, TRUCK OR TRUCK TRACTOR
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2 | | |
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Maximum |
Mileage |
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3 | | |
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Minimum |
Mileage |
Weight Tax |
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4 | | |
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Guaranteed |
Permitted |
for Mileage |
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5 | | Gross Weight |
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Mileage |
Under |
in excess of |
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6 | | Vehicle and |
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Weight |
Guaranteed |
Guaranteed |
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7 | | Load |
Class |
Tax |
Tax |
Mileage |
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8 | | 12,000 lbs. or less |
MD |
$173 |
5,000 |
26 Mills |
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9 | | 12,001 to 16,000 lbs. |
MF |
220 |
6,000 |
34 Mills |
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10 | | 16,001 to 20,000 lbs. |
MG |
280 |
6,000 |
46 Mills |
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11 | | 20,001 to 24,000 lbs. |
MH |
335 |
6,000 |
63 Mills |
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12 | | 24,001 to 28,000 lbs. |
MJ |
415 |
7,000 |
63 Mills |
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13 | | 28,001 to 32,000 lbs. |
MK |
485 |
7,000 |
83 Mills |
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14 | | 32,001 to 36,000 lbs. |
ML |
585 |
7,000 |
99 Mills |
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15 | | 36,001 to 40,000 lbs. |
MN |
715 |
7,000 |
128 Mills |
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16 | | 40,001 to 45,000 lbs. |
MP |
795 |
7,000 |
139 Mills |
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17 | | 45,001 to 54,999 lbs. |
MR |
953 |
7,000 |
156 Mills |
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18 | | 55,000 to 59,500 lbs. |
MS |
1,020 |
7,000 |
178 Mills |
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19 | | 59,501 to 64,000 lbs. |
MT |
1,085 |
7,000 |
195 Mills |
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20 | | 64,001 to 73,280 lbs. |
MV |
1,273 |
7,000 |
225 Mills |
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21 | | 73,281 to 77,000 lbs. |
MX |
1,428 |
7,000 |
258 Mills |
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22 | | 77,001 to 80,000 lbs. |
MZ |
1,515 |
7,000 |
275 Mills |
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23 | | TRAILER
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24 | | |
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Maximum |
Mileage |
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25 | | |
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Minimum |
Mileage |
Weight Tax |
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26 | | |
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Guaranteed |
Permitted |
for Mileage |
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| 1 | | Gross Weight |
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Mileage |
Under |
in excess of |
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2 | | Vehicle and |
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Weight |
Guaranteed |
Guaranteed |
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3 | | Load |
Class |
Tax |
Tax |
Mileage |
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4 | | 14,000 lbs. or less |
ME |
$135 $175 |
5,000 |
31 Mills |
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5 | | 14,001 to 20,000 lbs. |
MF |
195 235 |
6,000 |
36 Mills |
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6 | | 20,001 to 36,000 lbs. |
ML |
640 |
7,000 |
103 Mills |
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7 | | 36,001 to 40,000 lbs. |
MM |
850 |
7,000 |
150 Mills |
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8 | | Of the fees collected under this subsection, $1 of the | 9 | | fees shall be deposited into the Secretary of State Special | 10 | | Services Fund and $99 of the fees shall be deposited into the | 11 | | Road Fund. | 12 | | (a-1) A Special Hauling Vehicle is a vehicle or | 13 | | combination of vehicles of
the second
division registered | 14 | | under Section 3-813 transporting asphalt or concrete in the
| 15 | | plastic state or a vehicle or combination of vehicles that are | 16 | | subject to the
gross weight limitations in subsection (a) of | 17 | | Section 15-111 for which the
owner of the
vehicle or | 18 | | combination of vehicles has elected to pay, in addition to the
| 19 | | registration fee in subsection (a), $125 to the Secretary of | 20 | | State
for each
registration year. The Secretary shall | 21 | | designate this class of vehicle as
a Special Hauling Vehicle.
| 22 | | In preparing rate schedules on registration applications, | 23 | | the Secretary
of State shall add to the above rates, the $10 | 24 | | registration fee. The
Secretary may decline to accept any | 25 | | renewal filed after July 1st.
| 26 | | The number of axles necessary to carry the maximum load |
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| 1 | | provided
shall be determined from Chapter 15 of this Code.
| 2 | | Every owner of a second division motor vehicle for which | 3 | | he has
elected to pay a mileage weight tax shall keep a daily | 4 | | record upon forms
prescribed by the Secretary of State, | 5 | | showing the mileage covered by
that vehicle in this State. | 6 | | Such record shall contain the license number
of the vehicle | 7 | | and the miles traveled by the vehicle in this State for
each | 8 | | day of the calendar month. Such owner shall also maintain | 9 | | records
of fuel consumed by each such motor vehicle and fuel | 10 | | purchases therefor.
On or before the 10th day of July the owner
| 11 | | shall certify to the Secretary of State upon forms prescribed | 12 | | therefor,
summaries of his daily records which shall show the | 13 | | miles traveled by
the vehicle in this State during the | 14 | | preceding 12 months and such other
information as the | 15 | | Secretary of State may require. The daily record and
fuel | 16 | | records shall be filed, preserved and available for audit for | 17 | | a
period of 3 years. Any owner filing a return hereunder shall | 18 | | certify
that such return is a true, correct and complete | 19 | | return. Any person who
willfully makes a false return | 20 | | hereunder is guilty of perjury and shall
be punished in the | 21 | | same manner and to the same extent as is provided
therefor.
| 22 | | At the time of filing his return, each owner shall pay to | 23 | | the
Secretary of State the proper amount of tax at the rate | 24 | | herein imposed.
| 25 | | Every owner of a vehicle of the second division who elects | 26 | | to pay on
a mileage weight tax basis and who operates the |
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| 1 | | vehicle within this
State, shall file with the Secretary of | 2 | | State a bond in the amount of
$500. The bond shall be in a form | 3 | | approved by the Secretary of State and with
a surety company
| 4 | | approved by the Illinois Department of Insurance to transact
| 5 | | business in this State as surety, and shall be conditioned | 6 | | upon such
applicant's paying to the State of Illinois all | 7 | | money becoming
due by
reason of the operation of the second | 8 | | division vehicle in this State,
together with all penalties | 9 | | and interest thereon.
| 10 | | Upon notice from the Secretary that the registrant has | 11 | | failed to pay the
excess mileage fees, the surety shall | 12 | | immediately pay the fees together with
any penalties and | 13 | | interest thereon in an amount not to exceed the limits of the
| 14 | | bond.
| 15 | | (b) Beginning January 1, 2016, upon the request of the
| 16 | | vehicle owner, a $10 surcharge shall be collected in addition
| 17 | | to the above fees for vehicles in the 12,000 lbs. and less | 18 | | mileage
weight plate category as described in subsection (a) | 19 | | to be
deposited into the Secretary of State Special License | 20 | | Plate
Fund. The $10 surcharge is to identify vehicles in the | 21 | | 12,000
lbs. and less mileage weight plate category as a | 22 | | covered farm
vehicle. The $10 surcharge is an annual flat fee | 23 | | that shall be
based on an applicant's new or existing | 24 | | registration year for
each vehicle in the 12,000 lbs. and less | 25 | | mileage weight plate
category. A designation as a covered farm | 26 | | vehicle under this
subsection (b) shall not alter a vehicle's |
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| 1 | | registration as a
registration in the 12,000 lbs. or less | 2 | | mileage weight category.
The Secretary shall adopt any rules | 3 | | necessary to implement this
subsection (b). | 4 | | (Source: P.A. 101-32, eff. 6-28-19.)
| 5 | | (625 ILCS 5/3-819) (from Ch. 95 1/2, par. 3-819)
| 6 | | Sec. 3-819. Trailer; Flat weight tax.
| 7 | | (a) Farm Trailer. Any farm trailer drawn by a motor | 8 | | vehicle of the
second division registered under paragraph (a) | 9 | | or (c) of Section 3-815 and
used exclusively by the owner for | 10 | | his own agricultural, horticultural or
livestock raising | 11 | | operations and not used for hire, or any farm trailer
utilized | 12 | | only in the transportation for-hire of seasonal, fresh, | 13 | | perishable
fruit or vegetables from farm to the point of first | 14 | | processing, and any
trailer used with a farm tractor that is | 15 | | not an implement of husbandry may
be registered under this | 16 | | paragraph in lieu of registration under paragraph
(b) of this | 17 | | Section upon the filing of a proper application and the | 18 | | payment
of the $10 registration fee and the highway use tax | 19 | | herein for use of the
public highways of this State, at the | 20 | | following rates which include the $10
registration fee:
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21 | | SCHEDULE OF FEES AND TAXES |
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22 | | Gross Weight in Lbs. |
Class |
Total Amount |
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23 | | Including Vehicle |
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each |
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24 | | and Maximum Load |
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Fiscal Year |
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25 | | 10,000 lbs. or less |
VDD |
$85 $160 |
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| 1 | | 10,001 to 14,000 lbs. |
VDE |
156 206 |
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2 | | 14,001 to 20,000 lbs. |
VDG |
216 266 |
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3 | | 20,001 to 28,000 lbs. |
VDJ |
478 |
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4 | | 28,001 to 36,000 lbs. |
VDL |
750 |
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5 | | An owner may only apply for and receive two farm trailer
| 6 | | registrations.
| 7 | | (b) All other owners of trailers, other than apportionable | 8 | | trailers
registered under Section 3-402.1 of this Code, used | 9 | | with a motor vehicle on
the public highways, shall pay to the | 10 | | Secretary of State for each
registration year a flat weight | 11 | | tax, for the use of the public highways
of this State, at the | 12 | | following rates (which includes the registration
fee of $10 | 13 | | required by Section 3-813):
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14 | | SCHEDULE OF TRAILER FLAT |
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15 | | WEIGHT TAX REQUIRED |
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16 | | BY LAW |
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17 | | Gross Weight in Lbs. |
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Total Fees |
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18 | | Including Vehicle and |
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each |
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19 | | Maximum Load |
Class |
Fiscal Year |
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20 | | 3,000 lbs. and less |
TA |
$43 $118 |
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21 | | 5,000 lbs. and more than 3,000 |
TB |
79 154 |
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22 | | 8,000 lbs. and more than 5,000 |
TC |
83 158 |
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23 | | 10,000 lbs. and more than 8,000 |
TD |
131 206 |
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24 | | 14,000 lbs. and more than 10,000 |
TE |
220 270 |
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25 | | 20,000 lbs. and more than 14,000 |
TG |
308 358 |
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26 | | 32,000 lbs. and more than 20,000 |
TK |
822 |
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| 1 | | 36,000 lbs. and more than 32,000 |
TL |
1,182 |
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2 | | 40,000 lbs. and more than 36,000 |
TN |
1,602 |
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3 | | Of the fees collected under this subsection, $1 of the | 4 | | fees shall be deposited into the Secretary of State Special | 5 | | Services Fund and $99 of the additional fees shall be | 6 | | deposited into the Road Fund. | 7 | | (c) The number of axles necessary to carry the maximum | 8 | | load provided
shall be determined from Chapter 15 of this | 9 | | Code.
| 10 | | (Source: P.A. 101-32, eff. 6-28-19.)
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