Illinois General Assembly - Full Text of SB0533
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Full Text of SB0533  102nd General Assembly

SB0533 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB0533

 

Introduced 2/23/2021, by Sen. Jason A. Barickman

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/3-815  from Ch. 95 1/2, par. 3-815
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. Lowers the flat weight tax for Class C and D vehicles and Class VF farm trucks. Lowers the mileage weight tax for Class MD, ME, MF, and MG vehicles. Lowers the trailer flat weight tax for Class VDD, VDE, and VDG farm trailers. Lowers the flat weight trailer tax of Class TA, TB, TC, TD, and TE trailers.


LRB102 15512 RAM 20875 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB0533LRB102 15512 RAM 20875 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 3-815, 3-818, and 3-819 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
8division.
9    (a) Except as provided in Section 3-806.3 and 3-804.3,
10every owner of a vehicle of the second division registered
11under Section 3-813, and not registered under the mileage
12weight tax under Section 3-818, shall pay to the Secretary of
13State, for each registration year, for the use of the public
14highways, a flat weight tax at the rates set forth in the
15following table, the rates including the $10 registration fee:
16
SCHEDULE OF FLAT WEIGHT TAX
17
REQUIRED BY LAW
18Gross Weight in Lbs.Total Fees
19Including Vehicle each Fiscal
20and Maximum LoadClass year
218,000 lbs. and lessB$148
228,001 lbs. to 10,000 lbs. C 177 218
2310,001 lbs. to 12,000 lbs.D207 238

 

 

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112,001 lbs. to 16,000 lbs.F342
216,001 lbs. to 26,000 lbs.H590
326,001 lbs. to 28,000 lbs.J730
428,001 lbs. to 32,000 lbs.K942
532,001 lbs. to 36,000 lbs.L1,082
636,001 lbs. to 40,000 lbs.N1,302
740,001 lbs. to 45,000 lbs.P1,490
845,001 lbs. to 50,000 lbs.Q1,638
950,001 lbs. to 54,999 lbs.R1,798
1055,000 lbs. to 59,500 lbs.S1,930
1159,501 lbs. to 64,000 lbs.T2,070
1264,001 lbs. to 73,280 lbs.V2,394
1373,281 lbs. to 77,000 lbs.X2,722
1477,001 lbs. to 80,000 lbs.Z2,890
15    Beginning with the 2010 registration year a $1 surcharge
16shall be collected for vehicles registered in the 8,000 lbs.
17and less flat weight plate category above to be deposited into
18the State Police Vehicle Fund.
19    Beginning with the 2014 registration year, a $2 surcharge
20shall be collected in addition to the above fees for vehicles
21registered in the 8,000 lb. and less flat weight plate
22category as described in this subsection (a) to be deposited
23into the Park and Conservation Fund for the Department of
24Natural Resources to use for conservation efforts. The monies
25deposited into the Park and Conservation Fund under this
26Section shall not be subject to administrative charges or

 

 

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1chargebacks unless otherwise authorized by this Act.
2    Of the fees collected under this subsection, $1 of the
3fees shall be deposited into the Secretary of State Special
4Services Fund and $99 of the fees shall be deposited into the
5Road Fund.
6    All of the proceeds of the additional fees imposed by
7Public Act 96-34 shall be deposited into the Capital Projects
8Fund.
9    (a-1) A Special Hauling Vehicle is a vehicle or
10combination of vehicles of the second division registered
11under Section 3-813 transporting asphalt or concrete in the
12plastic state or a vehicle or combination of vehicles that are
13subject to the gross weight limitations in subsection (a) of
14Section 15-111 for which the owner of the vehicle or
15combination of vehicles has elected to pay, in addition to the
16registration fee in subsection (a), $125 to the Secretary of
17State for each registration year. The Secretary shall
18designate this class of vehicle as a Special Hauling Vehicle.
19    (a-5) Beginning January 1, 2015, upon the request of the
20vehicle owner, a $10 surcharge shall be collected in addition
21to the above fees for vehicles in the 12,000 lbs. and less flat
22weight plate categories as described in subsection (a) to be
23deposited into the Secretary of State Special License Plate
24Fund. The $10 surcharge is to identify vehicles in the 12,000
25lbs. and less flat weight plate categories as a covered farm
26vehicle. The $10 surcharge is an annual, flat fee that shall be

 

 

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1based on an applicant's new or existing registration year for
2each vehicle in the 12,000 lbs. and less flat weight plate
3categories. A designation as a covered farm vehicle under this
4subsection (a-5) shall not alter a vehicle's registration as a
5registration in the 12,000 lbs. or less flat weight category.
6The Secretary shall adopt any rules necessary to implement
7this subsection (a-5).
8    (a-10) Beginning January 1, 2019, upon the request of the
9vehicle owner, the Secretary of State shall collect a $10
10surcharge in addition to the fees for second division vehicles
11in the 8,000 lbs. and less flat weight plate category
12described in subsection (a) that are issued a registration
13plate under Article VI of this Chapter. The $10 surcharge
14shall be deposited into the Secretary of State Special License
15Plate Fund. The $10 surcharge is to identify a vehicle in the
168,000 lbs. and less flat weight plate category as a covered
17farm vehicle. The $10 surcharge is an annual, flat fee that
18shall be based on an applicant's new or existing registration
19year for each vehicle in the 8,000 lbs. and less flat weight
20plate category. A designation as a covered farm vehicle under
21this subsection (a-10) shall not alter a vehicle's
22registration in the 8,000 lbs. or less flat weight category.
23The Secretary shall adopt any rules necessary to implement
24this subsection (a-10).
25    (b) Except as provided in Section 3-806.3, every camping
26trailer, motor home, mini motor home, travel trailer, truck

 

 

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1camper or van camper used primarily for recreational purposes,
2and not used commercially, nor for hire, nor owned by a
3commercial business, may be registered for each registration
4year upon the filing of a proper application and the payment of
5a registration fee and highway use tax, according to the
6following table of fees:
7
MOTOR HOME, MINI MOTOR HOME, TRUCK CAMPER OR VAN CAMPER
8Gross Weight in Lbs.Total Fees
9Including Vehicle andEach
10Maximum LoadCalendar Year
118,000 lbs and less$78
128,001 Lbs. to 10,000 Lbs90
1310,001 Lbs. and Over102
14
CAMPING TRAILER OR TRAVEL TRAILER
15Gross Weight in Lbs.Total Fees
16Including Vehicle andEach
17Maximum LoadCalendar Year
183,000 Lbs. and Less$18
193,001 Lbs. to 8,000 Lbs.30
208,001 Lbs. to 10,000 Lbs.38
2110,001 Lbs. and Over50
22    Every house trailer must be registered under Section
233-819.
24    (c) Farm Truck. Any truck used exclusively for the owner's
25own agricultural, horticultural or livestock raising
26operations and not-for-hire only, or any truck used only in

 

 

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1the transportation for-hire of seasonal, fresh, perishable
2fruit or vegetables from farm to the point of first
3processing, may be registered by the owner under this
4paragraph in lieu of registration under paragraph (a), upon
5filing of a proper application and the payment of the $10
6registration fee and the highway use tax herein specified as
7follows:
8
SCHEDULE OF FEES AND TAXES
9Gross Weight in Lbs.Total Amount for
10Including Truck andeach
11Maximum LoadClassFiscal Year
1216,000 lbs. or lessVF$225 $250
1316,001 to 20,000 lbs.VG326
1420,001 to 24,000 lbs.VH390
1524,001 to 28,000 lbs.VJ478
1628,001 to 32,000 lbs.VK606
1732,001 to 36,000 lbs.VL710
1836,001 to 45,000 lbs.VP910
1945,001 to 54,999 lbs.VR1,126
2055,000 to 64,000 lbs.VT1,302
2164,001 to 73,280 lbs.VV1,390
2273,281 to 77,000 lbs.VX1,450
2377,001 to 80,000 lbs.VZ1,590
24    Of the fees collected under this subsection, $1 of the
25fees shall be deposited into the Secretary of State Special
26Services Fund and $99 of the fees shall be deposited into the

 

 

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1Road Fund.
2    In the event the Secretary of State revokes a farm truck
3registration as authorized by law, the owner shall pay the
4flat weight tax due hereunder before operating such truck.
5    Any combination of vehicles having 5 axles, with a
6distance of 42 feet or less between extreme axles, that are
7subject to the weight limitations in subsection (a) of Section
815-111 for which the owner of the combination of vehicles has
9elected to pay, in addition to the registration fee in
10subsection (c), $125 to the Secretary of State for each
11registration year shall be designated by the Secretary as a
12Special Hauling Vehicle.
13    (d) The number of axles necessary to carry the maximum
14load provided shall be determined from Chapter 15 of this
15Code.
16    (e) An owner may only apply for and receive 5 farm truck
17registrations, and only 2 of those 5 vehicles shall exceed
1859,500 gross weight in pounds per vehicle.
19    (f) Every person convicted of violating this Section by
20failure to pay the appropriate flat weight tax to the
21Secretary of State as set forth in the above tables shall be
22punished as provided for in Section 3-401.
23(Source: P.A. 100-734, eff. 1-1-19; 100-956, eff. 1-1-19;
24101-32, eff. 6-28-19; 101-81, eff. 7-12-19.)
 
25    (625 ILCS 5/3-818)  (from Ch. 95 1/2, par. 3-818)

 

 

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1    Sec. 3-818. Mileage weight tax option.
2    (a) Any owner of a vehicle of the second division may elect
3to pay a mileage weight tax for such vehicle in lieu of the
4flat weight tax set out in Section 3-815. Such election shall
5be binding to the end of the registration year. Renewal of this
6election must be filed with the Secretary of State on or before
7July 1 of each registration period. In such event the owner
8shall, at the time of making such election, pay the $10
9registration fee and the minimum guaranteed mileage weight
10tax, as hereinafter provided, which payment shall permit the
11owner to operate that vehicle the maximum mileage in this
12State hereinafter set forth. Any vehicle being operated on
13mileage plates cannot be operated outside of this State. In
14addition thereto, the owner of that vehicle shall pay a
15mileage weight tax at the following rates for each mile
16traveled in this State in excess of the maximum mileage
17provided under the minimum guaranteed basis:
18
BUS, TRUCK OR TRUCK TRACTOR
19MaximumMileage
20MinimumMileageWeight Tax
21GuaranteedPermittedfor Mileage
22Gross WeightMileageUnderin excess of
23Vehicle andWeightGuaranteed
24Guaranteed
25LoadClassTaxTaxMileage
2612,000 lbs. or lessMD$110 $1735,00026 Mills

 

 

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112,001 to 16,000 lbs.MF180 2206,00034 Mills
216,001 to 20,000 lbs.MG270 2806,00046 Mills
320,001 to 24,000 lbs.MH3356,00063 Mills
424,001 to 28,000 lbs.MJ4157,00063 Mills
528,001 to 32,000 lbs.MK4857,00083 Mills
632,001 to 36,000 lbs.ML5857,00099 Mills
736,001 to 40,000 lbs.MN7157,000128 Mills
840,001 to 45,000 lbs.MP7957,000139 Mills
945,001 to 54,999 lbs.MR9537,000156 Mills
1055,000 to 59,500 lbs.MS1,0207,000178 Mills
1159,501 to 64,000 lbs.MT1,0857,000195 Mills
1264,001 to 73,280 lbs.MV1,2737,000225 Mills
1373,281 to 77,000 lbs.MX1,4287,000258 Mills
1477,001 to 80,000 lbs.MZ1,5157,000275 Mills
15
TRAILER
16MaximumMileage
17MinimumMileageWeight Tax
18GuaranteedPermittedfor Mileage
19Gross WeightMileageUnderin excess of
20Vehicle andWeightGuaranteedGuaranteed
21LoadClassTaxTaxMileage
2214,000 lbs. or lessME$113 $1755,00031 Mills
2314,001 to 20,000 lbs.MF203 2356,00036 Mills
2420,001 to 36,000 lbs.ML6407,000103 Mills
2536,001 to 40,000 lbs.MM8507,000150 Mills
26    Of the fees collected under this subsection, $1 of the

 

 

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1fees shall be deposited into the Secretary of State Special
2Services Fund and $99 of the fees shall be deposited into the
3Road Fund.
4    (a-1) A Special Hauling Vehicle is a vehicle or
5combination of vehicles of the second division registered
6under Section 3-813 transporting asphalt or concrete in the
7plastic state or a vehicle or combination of vehicles that are
8subject to the gross weight limitations in subsection (a) of
9Section 15-111 for which the owner of the vehicle or
10combination of vehicles has elected to pay, in addition to the
11registration fee in subsection (a), $125 to the Secretary of
12State for each registration year. The Secretary shall
13designate this class of vehicle as a Special Hauling Vehicle.
14    In preparing rate schedules on registration applications,
15the Secretary of State shall add to the above rates, the $10
16registration fee. The Secretary may decline to accept any
17renewal filed after July 1st.
18    The number of axles necessary to carry the maximum load
19provided shall be determined from Chapter 15 of this Code.
20    Every owner of a second division motor vehicle for which
21he has elected to pay a mileage weight tax shall keep a daily
22record upon forms prescribed by the Secretary of State,
23showing the mileage covered by that vehicle in this State.
24Such record shall contain the license number of the vehicle
25and the miles traveled by the vehicle in this State for each
26day of the calendar month. Such owner shall also maintain

 

 

SB0533- 11 -LRB102 15512 RAM 20875 b

1records of fuel consumed by each such motor vehicle and fuel
2purchases therefor. On or before the 10th day of July the owner
3shall certify to the Secretary of State upon forms prescribed
4therefor, summaries of his daily records which shall show the
5miles traveled by the vehicle in this State during the
6preceding 12 months and such other information as the
7Secretary of State may require. The daily record and fuel
8records shall be filed, preserved and available for audit for
9a period of 3 years. Any owner filing a return hereunder shall
10certify that such return is a true, correct and complete
11return. Any person who willfully makes a false return
12hereunder is guilty of perjury and shall be punished in the
13same manner and to the same extent as is provided therefor.
14    At the time of filing his return, each owner shall pay to
15the Secretary of State the proper amount of tax at the rate
16herein imposed.
17    Every owner of a vehicle of the second division who elects
18to pay on a mileage weight tax basis and who operates the
19vehicle within this State, shall file with the Secretary of
20State a bond in the amount of $500. The bond shall be in a form
21approved by the Secretary of State and with a surety company
22approved by the Illinois Department of Insurance to transact
23business in this State as surety, and shall be conditioned
24upon such applicant's paying to the State of Illinois all
25money becoming due by reason of the operation of the second
26division vehicle in this State, together with all penalties

 

 

SB0533- 12 -LRB102 15512 RAM 20875 b

1and interest thereon.
2    Upon notice from the Secretary that the registrant has
3failed to pay the excess mileage fees, the surety shall
4immediately pay the fees together with any penalties and
5interest thereon in an amount not to exceed the limits of the
6bond.
7    (b) Beginning January 1, 2016, upon the request of the
8vehicle owner, a $10 surcharge shall be collected in addition
9to the above fees for vehicles in the 12,000 lbs. and less
10mileage weight plate category as described in subsection (a)
11to be deposited into the Secretary of State Special License
12Plate Fund. The $10 surcharge is to identify vehicles in the
1312,000 lbs. and less mileage weight plate category as a
14covered farm vehicle. The $10 surcharge is an annual flat fee
15that shall be based on an applicant's new or existing
16registration year for each vehicle in the 12,000 lbs. and less
17mileage weight plate category. A designation as a covered farm
18vehicle under this subsection (b) shall not alter a vehicle's
19registration as a registration in the 12,000 lbs. or less
20mileage weight category. The Secretary shall adopt any rules
21necessary to implement this subsection (b).
22(Source: P.A. 101-32, eff. 6-28-19.)
 
23    (625 ILCS 5/3-819)  (from Ch. 95 1/2, par. 3-819)
24    Sec. 3-819. Trailer; Flat weight tax.
25    (a) Farm Trailer. Any farm trailer drawn by a motor

 

 

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1vehicle of the second division registered under paragraph (a)
2or (c) of Section 3-815 and used exclusively by the owner for
3his own agricultural, horticultural or livestock raising
4operations and not used for hire, or any farm trailer utilized
5only in the transportation for-hire of seasonal, fresh,
6perishable fruit or vegetables from farm to the point of first
7processing, and any trailer used with a farm tractor that is
8not an implement of husbandry may be registered under this
9paragraph in lieu of registration under paragraph (b) of this
10Section upon the filing of a proper application and the
11payment of the $10 registration fee and the highway use tax
12herein for use of the public highways of this State, at the
13following rates which include the $10 registration fee:
14SCHEDULE OF FEES AND TAXES
15Gross Weight in Lbs.ClassTotal Amount
16Including Vehicleeach
17and Maximum LoadFiscal Year
1810,000 lbs. or lessVDD $90 $160
1910,001 to 14,000 lbs.VDE159 206
2014,001 to 20,000 lbs.VDG249 266
2120,001 to 28,000 lbs.VDJ478
2228,001 to 36,000 lbs.VDL750
23    An owner may only apply for and receive two farm trailer
24registrations.
25    (b) All other owners of trailers, other than apportionable
26trailers registered under Section 3-402.1 of this Code, used

 

 

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1with a motor vehicle on the public highways, shall pay to the
2Secretary of State for each registration year a flat weight
3tax, for the use of the public highways of this State, at the
4following rates (which includes the registration fee of $10
5required by Section 3-813):
6SCHEDULE OF TRAILER FLAT
7WEIGHT TAX REQUIRED
8BY LAW
9Gross Weight in Lbs.Total Fees
10Including Vehicle andeach
11Maximum LoadClassFiscal Year
123,000 lbs. and lessTA$27 $118
135,000 lbs. and more than 3,000TB81 154
148,000 lbs. and more than 5,000TC87 158
1510,000 lbs. and more than 8,000TD159 206
1614,000 lbs. and more than 10,000TE255 270
1720,000 lbs. and more than 14,000TG358
1832,000 lbs. and more than 20,000TK822
1936,000 lbs. and more than 32,000TL1,182
2040,000 lbs. and more than 36,000TN1,602
21    Of the fees collected under this subsection, $1 of the
22fees shall be deposited into the Secretary of State Special
23Services Fund and $99 of the additional fees shall be
24deposited into the Road Fund.
25    (c) The number of axles necessary to carry the maximum
26load provided shall be determined from Chapter 15 of this

 

 

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1Code.
2(Source: P.A. 101-32, eff. 6-28-19.)