Illinois General Assembly - Full Text of HB0837
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Full Text of HB0837  102nd General Assembly




State of Illinois
2021 and 2022


Introduced 2/10/2021, by Rep. Joyce Mason


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

    Amends the Illinois Vehicle Code. Decreases the minimum mileage weight tax and flat weight tax for certain trailers.

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HB0837LRB102 14757 RAM 20110 b

1    AN ACT concerning transportation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Vehicle Code is amended by
5changing 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
9to pay a mileage weight tax for such vehicle in lieu of the
10flat weight tax set out in Section 3-815. Such election shall
11be binding to the end of the registration year. Renewal of this
12election must be filed with the Secretary of State on or before
13July 1 of each registration period. In such event the owner
14shall, at the time of making such election, pay the $10
15registration fee and the minimum guaranteed mileage weight
16tax, as hereinafter provided, which payment shall permit the
17owner to operate that vehicle the maximum mileage in this
18State hereinafter set forth. Any vehicle being operated on
19mileage plates cannot be operated outside of this State. In
20addition thereto, the owner of that vehicle shall pay a
21mileage weight tax at the following rates for each mile
22traveled in this State in excess of the maximum mileage
23provided under the minimum guaranteed basis:



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3MinimumMileageWeight Tax
4GuaranteedPermittedfor Mileage
5Gross WeightMileageUnderin excess of
6Vehicle andWeightGuaranteedGuaranteed
812,000 lbs. or lessMD$1735,00026 Mills
912,001 to 16,000 lbs.MF2206,00034 Mills
1016,001 to 20,000 lbs.MG2806,00046 Mills
1120,001 to 24,000 lbs.MH3356,00063 Mills
1224,001 to 28,000 lbs.MJ4157,00063 Mills
1328,001 to 32,000 lbs.MK4857,00083 Mills
1432,001 to 36,000 lbs.ML5857,00099 Mills
1536,001 to 40,000 lbs.MN7157,000128 Mills
1640,001 to 45,000 lbs.MP7957,000139 Mills
1745,001 to 54,999 lbs.MR9537,000156 Mills
1855,000 to 59,500 lbs.MS1,0207,000178 Mills
1959,501 to 64,000 lbs.MT1,0857,000195 Mills
2064,001 to 73,280 lbs.MV1,2737,000225 Mills
2173,281 to 77,000 lbs.MX1,4287,000258 Mills
2277,001 to 80,000 lbs.MZ1,5157,000275 Mills
25MinimumMileageWeight Tax
26GuaranteedPermittedfor Mileage



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1Gross WeightMileageUnderin excess of
2Vehicle andWeightGuaranteedGuaranteed
414,000 lbs. or lessME$135 $1755,00031 Mills
514,001 to 20,000 lbs.MF195 2356,00036 Mills
620,001 to 36,000 lbs.ML6407,000103 Mills
736,001 to 40,000 lbs.MM8507,000150 Mills
8    Of the fees collected under this subsection, $1 of the
9fees shall be deposited into the Secretary of State Special
10Services Fund and $99 of the fees shall be deposited into the
11Road Fund.
12    (a-1) A Special Hauling Vehicle is a vehicle or
13combination of vehicles of the second division registered
14under Section 3-813 transporting asphalt or concrete in the
15plastic state or a vehicle or combination of vehicles that are
16subject to the gross weight limitations in subsection (a) of
17Section 15-111 for which the owner of the vehicle or
18combination of vehicles has elected to pay, in addition to the
19registration fee in subsection (a), $125 to the Secretary of
20State for each registration year. The Secretary shall
21designate this class of vehicle as a Special Hauling Vehicle.
22    In preparing rate schedules on registration applications,
23the Secretary of State shall add to the above rates, the $10
24registration fee. The Secretary may decline to accept any
25renewal filed after July 1st.
26    The number of axles necessary to carry the maximum load



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1provided shall be determined from Chapter 15 of this Code.
2    Every owner of a second division motor vehicle for which
3he has elected to pay a mileage weight tax shall keep a daily
4record upon forms prescribed by the Secretary of State,
5showing the mileage covered by that vehicle in this State.
6Such record shall contain the license number of the vehicle
7and the miles traveled by the vehicle in this State for each
8day of the calendar month. Such owner shall also maintain
9records of fuel consumed by each such motor vehicle and fuel
10purchases therefor. On or before the 10th day of July the owner
11shall certify to the Secretary of State upon forms prescribed
12therefor, summaries of his daily records which shall show the
13miles traveled by the vehicle in this State during the
14preceding 12 months and such other information as the
15Secretary of State may require. The daily record and fuel
16records shall be filed, preserved and available for audit for
17a period of 3 years. Any owner filing a return hereunder shall
18certify that such return is a true, correct and complete
19return. Any person who willfully makes a false return
20hereunder is guilty of perjury and shall be punished in the
21same manner and to the same extent as is provided therefor.
22    At the time of filing his return, each owner shall pay to
23the Secretary of State the proper amount of tax at the rate
24herein imposed.
25    Every owner of a vehicle of the second division who elects
26to pay on a mileage weight tax basis and who operates the



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1vehicle within this State, shall file with the Secretary of
2State a bond in the amount of $500. The bond shall be in a form
3approved by the Secretary of State and with a surety company
4approved by the Illinois Department of Insurance to transact
5business in this State as surety, and shall be conditioned
6upon such applicant's paying to the State of Illinois all
7money becoming due by reason of the operation of the second
8division vehicle in this State, together with all penalties
9and interest thereon.
10    Upon notice from the Secretary that the registrant has
11failed to pay the excess mileage fees, the surety shall
12immediately pay the fees together with any penalties and
13interest thereon in an amount not to exceed the limits of the
15    (b) Beginning January 1, 2016, upon the request of the
16vehicle owner, a $10 surcharge shall be collected in addition
17to the above fees for vehicles in the 12,000 lbs. and less
18mileage weight plate category as described in subsection (a)
19to be deposited into the Secretary of State Special License
20Plate Fund. The $10 surcharge is to identify vehicles in the
2112,000 lbs. and less mileage weight plate category as a
22covered farm vehicle. The $10 surcharge is an annual flat fee
23that shall be based on an applicant's new or existing
24registration year for each vehicle in the 12,000 lbs. and less
25mileage weight plate category. A designation as a covered farm
26vehicle under this subsection (b) shall not alter a vehicle's



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1registration as a registration in the 12,000 lbs. or less
2mileage weight category. The Secretary shall adopt any rules
3necessary 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
8vehicle of the second division registered under paragraph (a)
9or (c) of Section 3-815 and used exclusively by the owner for
10his own agricultural, horticultural or livestock raising
11operations and not used for hire, or any farm trailer utilized
12only in the transportation for-hire of seasonal, fresh,
13perishable fruit or vegetables from farm to the point of first
14processing, and any trailer used with a farm tractor that is
15not an implement of husbandry may be registered under this
16paragraph in lieu of registration under paragraph (b) of this
17Section upon the filing of a proper application and the
18payment of the $10 registration fee and the highway use tax
19herein for use of the public highways of this State, at the
20following rates which include the $10 registration fee:
22Gross Weight in Lbs.ClassTotal Amount
23Including Vehicleeach
24and Maximum LoadFiscal Year
2510,000 lbs. or lessVDD $85 $160



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110,001 to 14,000 lbs.VDE156 206
214,001 to 20,000 lbs.VDG216 266
320,001 to 28,000 lbs.VDJ478
428,001 to 36,000 lbs.VDL750
5    An owner may only apply for and receive two farm trailer
7    (b) All other owners of trailers, other than apportionable
8trailers registered under Section 3-402.1 of this Code, used
9with a motor vehicle on the public highways, shall pay to the
10Secretary of State for each registration year a flat weight
11tax, for the use of the public highways of this State, at the
12following rates (which includes the registration fee of $10
13required by Section 3-813):
17Gross Weight in Lbs.Total Fees
18Including Vehicle andeach
19Maximum LoadClassFiscal Year
203,000 lbs. and lessTA$43 $118
215,000 lbs. and more than 3,000TB79 154
228,000 lbs. and more than 5,000TC83 158
2310,000 lbs. and more than 8,000TD131 206
2414,000 lbs. and more than 10,000TE220 270
2520,000 lbs. and more than 14,000TG308 358
2632,000 lbs. and more than 20,000TK822



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136,000 lbs. and more than 32,000TL1,182
240,000 lbs. and more than 36,000TN1,602
3    Of the fees collected under this subsection, $1 of the
4fees shall be deposited into the Secretary of State Special
5Services Fund and $99 of the additional fees shall be
6deposited into the Road Fund.
7    (c) The number of axles necessary to carry the maximum
8load provided shall be determined from Chapter 15 of this
10(Source: P.A. 101-32, eff. 6-28-19.)