Full Text of HB3246 97th General Assembly
HB3246 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB3246 Introduced 2/24/2011, by Rep. Norine Hammond - Chad Hays - Richard Morthland - Jerry L. Mitchell SYNOPSIS AS INTRODUCED: | | 625 ILCS 5/3-803 | from Ch. 95 1/2, par. 3-803 | 625 ILCS 5/3-815 | from Ch. 95 1/2, par. 3-815 | 625 ILCS 5/3-819 | from Ch. 95 1/2, par. 3-819 |
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Amends the Illinois Vehicle Code. Provides that registration plates for farm
trucks
and trailers may, at the vehicle owner's option, be issued for periods of 4
months, rather
than one year. Provides that the Secretary of State shall provide by rule for
the issuance
and display of distinctive decals for each of the 4-month periods of the year.
Provides that
the owner of a truck or trailer registered under these provisions must affix
the proper
decal to the truck or trailer's registration plate in the manner prescribed by
the Secretary.
Effective January 1, 2012. |
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT in relation to 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 changing | 5 | | Sections 3-803,
3-815, and 3-819 as follows:
| 6 | | (625 ILCS 5/3-803) (from Ch. 95 1/2, par. 3-803)
| 7 | | Sec. 3-803. Reductions.
| 8 | | (a) Reduction of fees and taxes prescribed
in this Chapter | 9 | | shall be applicable only to vehicles newly-acquired by
the | 10 | | owner after the beginning of a registration period or which | 11 | | become
subject to registration after the beginning of a | 12 | | registration period as
specified in this Act. The Secretary of | 13 | | State may deny a reduction as
to any vehicle operated in this | 14 | | State without being properly and timely
registered in Illinois | 15 | | under this Chapter, of a vehicle in violation of
any provision | 16 | | of this Chapter, or upon detection of such violation by an
| 17 | | audit, or upon determining that such vehicle was operated in | 18 | | Illinois
before such violation. Bond or other security in the | 19 | | proper amount may
be required by the Secretary of State while | 20 | | the matter is under
investigation. Reductions shall be granted | 21 | | if a person becomes the owner
after the dates specified or if a | 22 | | vehicle becomes subject to
registration under this Act, as | 23 | | amended, after the dates specified.
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| 1 | | (b) Vehicles of the First Division. The annual fees and | 2 | | taxes
prescribed by Section 3-806 shall be reduced by 50% on | 3 | | and after June
15, except as provided in Sections 3-414 and | 4 | | 3-802 of this Act.
| 5 | | (c) Vehicles of the Second Division. The annual fees and | 6 | | taxes
prescribed by Sections 3-402, 3-402.1, 3-815 and 3-819 | 7 | | and paid on a calendar
year for such vehicles shall be reduced | 8 | | on a quarterly basis if the vehicle
becomes subject to | 9 | | registration on and after March 31, June
30 or September 30. | 10 | | Where such fees and taxes are payable on a
fiscal year basis, | 11 | | they shall be reduced on a quarterly basis on and after
| 12 | | September 30, December 31 or March 31.
| 13 | | (d) Two-year Registrations. The fees and taxes prescribed | 14 | | by
Section 3-808 for 2-year registrations shall not be reduced | 15 | | in any
event. However, the fees and taxes prescribed for all | 16 | | other 2-year
registrations by this Act, shall be reduced as | 17 | | follows:
| 18 | | By 25% on and after June 15;
| 19 | | By 50% on and after December 15;
| 20 | | By 75% on and after the next ensuing June 15.
| 21 | | (e) The registration fees and taxes imposed upon certain | 22 | | vehicles
shall not be reduced by any amount in any event in the | 23 | | following
instances:
| 24 | | Permits under Sections 3-403 and 3-811;
| 25 | | Municipal Buses under Section 3-807;
| 26 | | Governmental or charitable vehicles under Section 3-808;
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| 1 | | Farm Machinery under Section 3-809;
| 2 | | Soil and conservation equipment under Section 3-809.1;
| 3 | | Special Plates under Section 3-810;
| 4 | | Permanently mounted equipment under Section 3-812;
| 5 | | Registration fee under Section 3-813;
| 6 | | Semitrailer fees under Section 3-814;
| 7 | | Farm trucks under Section 3-815;
| 8 | | Mileage weight tax option under Section 3-818;
| 9 | | Farm trailers under Section 3-819;
| 10 | | Duplicate plates under Section 3-820;
| 11 | | Fees under Section 3-821;
| 12 | | Search Fees under Section 3-823.
| 13 | | (f) The reductions provided for shall not apply to any | 14 | | vehicle of the
first or second division registered by the same | 15 | | applicant in the prior
registration year.
| 16 | | The changes to this Section made by Public Act 84-210 take | 17 | | effect with the 1986 Calendar Registration Year.
| 18 | | (g) Reductions shall in no event result in payment of a fee | 19 | | or tax less
than $6, and the Secretary of State shall | 20 | | promulgate schedules of fees
reflecting applicable reductions. | 21 | | Where any reduced amount is not stated in
full dollars, the | 22 | | Secretary of State may adjust the amount due to the nearest
| 23 | | full dollar amount.
| 24 | | (h) The reductions provided for in subsections (a) through | 25 | | (g) of this
Section shall not apply to those vehicles of the | 26 | | first or second division
registered on a staggered registration |
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| 1 | | basis.
| 2 | | (i) A vehicle which becomes subject to registration during | 3 | | the last
month of the current registration year is exempt from | 4 | | any applicable reduced
fourth quarter or second semiannual | 5 | | registration fee, and may register for
the subsequent | 6 | | registration year as its initial registration.
This subsection | 7 | | does not include those apportioned and prorated fees
under | 8 | | Sections 3-402 and 3-402.1 of this Code.
| 9 | | (Source: P.A. 94-239, eff. 1-1-06.)
| 10 | | (625 ILCS 5/3-815) (from Ch. 95 1/2, par. 3-815)
| 11 | | Sec. 3-815. Flat weight tax; vehicles of the second | 12 | | division.
| 13 | | (a) Except
as provided in Section 3-806.3, every owner
of a | 14 | | vehicle of the second division registered under Section 3-813, | 15 | | and
not registered under the mileage weight tax under Section | 16 | | 3-818, shall
pay to the Secretary of State, for each | 17 | | registration year, for the use
of the public highways, a flat | 18 | | weight tax at the rates set forth in the
following table, the | 19 | | rates including the $10 registration fee:
| 20 | | SCHEDULE OF FLAT WEIGHT TAX
| 21 | | REQUIRED BY LAW
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22 | | Gross Weight in Lbs. |
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Total Fees |
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23 | | Including Vehicle |
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each Fiscal |
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24 | | and Maximum |
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year |
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25 | | Load |
Class |
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| 1 | | 8,000 lbs. and less |
B |
$98 |
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2 | | 8,001 lbs. to 12,000 lbs. |
D |
138 |
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3 | | 12,001 lbs. to 16,000 lbs. |
F |
242 |
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4 | | 16,001 lbs. to 26,000 lbs. |
H |
490 |
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5 | | 26,001 lbs. to 28,000 lbs. |
J |
630 |
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6 | | 28,001 lbs. to 32,000 lbs. |
K |
842 |
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7 | | 32,001 lbs. to 36,000 lbs. |
L |
982 |
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8 | | 36,001 lbs. to 40,000 lbs. |
N |
1,202 |
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9 | | 40,001 lbs. to 45,000 lbs. |
P |
1,390 |
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10 | | 45,001 lbs. to 50,000 lbs. |
Q |
1,538 |
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11 | | 50,001 lbs. to 54,999 lbs. |
R |
1,698 |
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12 | | 55,000 lbs. to 59,500 lbs. |
S |
1,830 |
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13 | | 59,501 lbs. to 64,000 lbs. |
T |
1,970 |
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14 | | 64,001 lbs. to 73,280 lbs. |
V |
2,294 |
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15 | | 73,281 lbs. to 77,000 lbs. |
X |
2,622 |
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16 | | 77,001 lbs. to 80,000 lbs. |
Z |
2,790 |
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17 | | Beginning with the 2010 registration year a $1 surcharge | 18 | | shall be collected for vehicles registered in the 8,000 lbs. | 19 | | and less flat weight plate category above to be deposited into | 20 | | the State Police Vehicle Fund.
| 21 | | All of the proceeds of the additional fees imposed by this | 22 | | amendatory Act of the 96th General Assembly shall be deposited | 23 | | into the Capital Projects Fund. | 24 | | (a-1) A Special Hauling Vehicle is a vehicle or combination | 25 | | of vehicles of
the second
division registered under Section | 26 | | 3-813 transporting asphalt or concrete in the
plastic state or |
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| 1 | | a vehicle or combination of vehicles that are subject to the
| 2 | | gross weight limitations in subsection (b) of Section 15-111 | 3 | | for which the
owner of the
vehicle or combination of vehicles | 4 | | has elected to pay, in addition to the
registration fee in | 5 | | subsection (a), $125 to the Secretary of State
for each
| 6 | | registration year. The Secretary shall designate this class of | 7 | | vehicle as
a Special Hauling Vehicle.
| 8 | | (b) Except as provided in Section 3-806.3, every camping | 9 | | trailer,
motor home, mini motor home, travel trailer, truck | 10 | | camper or van camper
used primarily for recreational purposes, | 11 | | and not used commercially, nor
for hire, nor owned by a | 12 | | commercial business, may be registered for each
registration | 13 | | year upon the filing of a proper application and the payment
of | 14 | | a registration fee and highway use tax, according to the | 15 | | following table of
fees:
| 16 | | MOTOR HOME, MINI MOTOR HOME, TRUCK CAMPER OR VAN CAMPER
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17 | | Gross Weight in Lbs. |
Total Fees |
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18 | | Including Vehicle and |
Each |
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19 | | Maximum Load |
Calendar Year |
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20 | | 8,000 lbs and less |
$78 |
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21 | | 8,001 Lbs. to 10,000 Lbs |
90 |
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22 | | 10,001 Lbs. and Over |
102 |
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23 | | CAMPING TRAILER OR TRAVEL TRAILER
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24 | | Gross Weight in Lbs. |
Total Fees |
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25 | | Including Vehicle and |
Each |
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26 | | Maximum Load |
Calendar Year |
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| 1 | | 3,000 Lbs. and Less |
$18 |
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2 | | 3,001 Lbs. to 8,000 Lbs. |
30 |
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3 | | 8,001 Lbs. to 10,000 Lbs. |
38 |
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4 | | 10,001 Lbs. and Over |
50 |
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5 | | Every house trailer must be registered under Section 3-819.
| 6 | | (c) Farm Truck. Any truck used exclusively for the owner's | 7 | | own
agricultural, horticultural or livestock raising | 8 | | operations and
not-for-hire only, or any truck used only in the | 9 | | transportation for-hire
of seasonal, fresh, perishable fruit | 10 | | or vegetables from farm to the
point of first processing,
may | 11 | | be registered by the owner under this paragraph in lieu of
| 12 | | registration under paragraph (a), upon filing of a proper | 13 | | application
and the payment of the $10 registration fee and the | 14 | | highway use tax
herein specified as follows:
| 15 | | SCHEDULE OF FEES AND TAXES
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16 | | Gross Weight in Lbs. |
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Total Amount for |
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17 | | Including Truck and |
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each |
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18 | | Maximum Load |
Class |
Fiscal Year |
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19 | | 16,000 lbs. or less |
VF |
$150 |
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20 | | 16,001 to 20,000 lbs. |
VG |
226 |
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21 | | 20,001 to 24,000 lbs. |
VH |
290 |
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22 | | 24,001 to 28,000 lbs. |
VJ |
378 |
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23 | | 28,001 to 32,000 lbs. |
VK |
506 |
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24 | | 32,001 to 36,000 lbs. |
VL |
610 |
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25 | | 36,001 to 45,000 lbs. |
VP |
810 |
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26 | | 45,001 to 54,999 lbs. |
VR |
1,026 |
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| 1 | | 55,000 to 64,000 lbs. |
VT |
1,202 |
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2 | | 64,001 to 73,280 lbs. |
VV |
1,290 |
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3 | | 73,281 to 77,000 lbs. |
VX |
1,350 |
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4 | | 77,001 to 80,000 lbs. |
VZ |
1,490 |
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5 | | In the event the Secretary of State revokes a farm truck | 6 | | registration
as authorized by law, the owner shall pay the flat | 7 | | weight tax due
hereunder before operating such truck.
| 8 | | Any combination of vehicles having 5 axles, with a distance | 9 | | of 42 feet or
less between extreme axles, that are subject to | 10 | | the weight limitations in
subsection (a) and (b) of Section | 11 | | 15-111 for which the owner of the combination
of
vehicles has | 12 | | elected to pay, in addition to the registration fee in | 13 | | subsection
(c), $125 to the Secretary of State for each | 14 | | registration year
shall be designated by the Secretary as a | 15 | | Special Hauling Vehicle.
| 16 | | (c-1) A farm truck eligible for yearly registration under | 17 | | subsection (c)
may, at the
owner's option, instead be | 18 | | registered under this subsection (c-1) for a period
of 4 | 19 | | months,
at a cost of one-third of the applicable yearly | 20 | | registration fee. The Secretary
shall provide
by rule for the | 21 | | issuance and display of distinctive decals for each of the
| 22 | | 4-month periods of the year: July through October, November | 23 | | through
February and March through June. The owner of
a truck | 24 | | registered under this subsection (c-1) must
affix to the
| 25 | | truck's rear registration plate, in the manner prescribed by | 26 | | the Secretary, the
proper decal
for the 4-month period during |
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| 1 | | which the vehicle is operated.
A farm truck registered under | 2 | | this subsection (c-1) may not be registered
for more than 2 | 3 | | 4-month periods in a registration year.
| 4 | | (d) The number of axles necessary to carry the maximum load | 5 | | provided
shall be determined from Chapter 15 of this Code.
| 6 | | (e) An owner may only apply for and receive 5 farm truck
| 7 | | registrations, and only 2 of those 5 vehicles shall exceed | 8 | | 59,500 gross
weight in pounds per vehicle.
| 9 | | (f) Every person convicted of violating this Section by | 10 | | failure to pay
the appropriate flat weight tax to the Secretary | 11 | | of State as set forth in
the above tables shall be punished as | 12 | | provided for in Section 3-401.
| 13 | | (Source: P.A. 95-1009, eff. 12-15-08; 96-34, eff. 7-13-09.)
| 14 | | (625 ILCS 5/3-819) (from Ch. 95 1/2, par. 3-819)
| 15 | | Sec. 3-819. Trailer; Flat weight tax.
| 16 | | (a) Farm Trailer. Any farm trailer drawn by a motor vehicle | 17 | | of the
second division registered under paragraph (a) or (c) of | 18 | | Section 3-815 and
used exclusively by the owner for his own | 19 | | agricultural, horticultural or
livestock raising operations | 20 | | and not used for hire, or any farm trailer
utilized only in the | 21 | | transportation for-hire of seasonal, fresh, perishable
fruit | 22 | | or vegetables from farm to the point of first processing, and | 23 | | any
trailer used with a farm tractor that is not an implement | 24 | | of husbandry may
be registered under this paragraph in lieu of | 25 | | registration under paragraph
(b) of this Section upon the |
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| 1 | | filing of a proper application and the payment
of the $10 | 2 | | registration fee and the highway use tax herein for use of the
| 3 | | public highways of this State, at the following rates which | 4 | | include the $10
registration fee:
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5 | | SCHEDULE OF FEES AND TAXES |
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6 | | Gross Weight in Lbs. |
Class |
Total Amount |
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7 | | Including Vehicle |
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each |
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8 | | and Maximum Load |
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Fiscal Year |
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9 | | 10,000 lbs. or less |
VDD |
$60 |
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10 | | 10,001 to 14,000 lbs. |
VDE |
106 |
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11 | | 14,001 to 20,000 lbs. |
VDG |
166 |
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12 | | 20,001 to 28,000 lbs. |
VDJ |
378 |
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13 | | 28,001 to 36,000 lbs. |
VDL |
650 |
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14 | | An owner may only apply for and receive two farm trailer
| 15 | | registrations.
| 16 | | (a-1) A farm trailer eligible for yearly registration under | 17 | | subsection (a)
may, at the
owner's option, instead be | 18 | | registered under this subsection (a-1) for a period
of 4 | 19 | | months,
at a cost of one-third of the applicable yearly | 20 | | registration fee. The Secretary
shall provide
by rule for the | 21 | | issuance and display of distinctive decals for each of the
| 22 | | 4-month periods of the year: July through October, November | 23 | | through
February and March through June. The owner of
a trailer | 24 | | registered under this subsection (a-1) must
affix to the
| 25 | | trailer's registration plate, in the manner prescribed by the | 26 | | Secretary, the
proper decal for
the 4-month period during which |
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| 1 | | the trailer is used.
A farm trailer registered under this | 2 | | subsection (a-1) may not be registered
for more than 2 4-month | 3 | | periods in a registration year.
| 4 | | (b) All other owners of trailers, other than apportionable | 5 | | trailers
registered under Section 3-402.1 of this Code, used | 6 | | with a motor vehicle on
the public highways, shall pay to the | 7 | | Secretary of State for each
registration year a flat weight | 8 | | tax, for the use of the public highways
of this State, at the | 9 | | following rates (which includes the registration
fee of $10 | 10 | | required by Section 3-813):
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11 | | SCHEDULE OF TRAILER FLAT |
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12 | | WEIGHT TAX REQUIRED |
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13 | | BY LAW |
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14 | | Gross Weight in Lbs. |
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Total Fees |
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15 | | Including Vehicle and |
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each |
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16 | | Maximum Load |
Class |
Fiscal Year |
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17 | | 3,000 lbs. and less |
TA |
$18 |
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18 | | 5,000 lbs. and more than 3,000 |
TB |
54 |
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19 | | 8,000 lbs. and more than 5,000 |
TC |
58 |
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20 | | 10,000 lbs. and more than 8,000 |
TD |
106 |
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21 | | 14,000 lbs. and more than 10,000 |
TE |
170 |
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22 | | 20,000 lbs. and more than 14,000 |
TG |
258 |
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23 | | 32,000 lbs. and more than 20,000 |
TK |
722 |
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24 | | 36,000 lbs. and more than 32,000 |
TL |
1,082 |
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25 | | 40,000 lbs. and more than 36,000 |
TN |
1,502 |
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26 | | (c) 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 | | (Source: P.A. 96-328, eff. 8-11-09.)
| 3 | | Section 99. Effective date. This Act takes effect January | 4 | | 1, 2012. |
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