Illinois General Assembly - Full Text of HB2765
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Full Text of HB2765  100th General Assembly

HB2765 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB2765

 

Introduced , by Rep. Brandon W. Phelps

 

SYNOPSIS AS INTRODUCED:
 
30 ILCS 605/7c
625 ILCS 5/3-806  from Ch. 95 1/2, par. 3-806
625 ILCS 5/3-815  from Ch. 95 1/2, par. 3-815

    Amends the Illinois Vehicle Code. Provides that surcharges collected and deposited into the State Police Vehicle Fund for registration of motor vehicles, autocycles, motorcycles, motor driven cycles, and pedalcylces shall be for the acquisition of vehicles for enforcement of traffic laws and promotion of safety of highways, roads, and streets. Makes a conforming change in the State Property Control Act. Effective immediately.


LRB100 00328 SLF 10332 b

 

 

A BILL FOR

 

HB2765LRB100 00328 SLF 10332 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 State Property Control Act is amended by
5changing Section 7c as follows:
 
6    (30 ILCS 605/7c)
7    Sec. 7c. Acquisition of State Police vehicles. The State
8Police Vehicle Fund is created as a special fund in the State
9treasury. The Fund shall consist of fees received pursuant to
10Sections 3-806, 3-815, and Section 16-104c of the Illinois
11Vehicle Code. All moneys in the Fund, subject to appropriation,
12shall be used by the Department of State Police:
13        (1) for the acquisition of vehicles for that
14    Department, including vehicles for enforcement of traffic
15    laws and promotion of safety of highways, roads, and
16    streets; or
17        (2) for debt service on bonds issued to finance the
18    acquisition of vehicles for that Department.
19(Source: P.A. 94-839, eff. 6-6-06.)
 
20    Section 10. The Illinois Vehicle Code is amended by
21changing Sections 3-806 and 3-815 as follows:
 

 

 

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1    (625 ILCS 5/3-806)  (from Ch. 95 1/2, par. 3-806)
2    Sec. 3-806. Registration Fees; Motor Vehicles of the First
3Division. Every owner of any other motor vehicle of the first
4division, except as provided in Sections 3-804, 3-804.01,
53-804.3, 3-805, 3-806.3, 3-806.7, and 3-808, and every second
6division vehicle weighing 8,000 pounds or less, shall pay the
7Secretary of State an annual registration fee at the following
8rates:
 
9SCHEDULE OF REGISTRATION FEES
10REQUIRED BY LAW
11Beginning with the 2010 registration year
12Annual Fee
13Motor vehicles of the first division other
14than Autocycles, Motorcycles, Motor
15Driven Cycles and Pedalcycles$98
16
17Autocycles68
18
19Motorcycles, Motor Driven
20Cycles and Pedalcycles 38
21    A $1 surcharge shall be collected in addition to the above
22fees for motor vehicles of the first division, autocycles,
23motorcycles, motor driven cycles, and pedalcycles to be
24deposited into the State Police Vehicle Fund for acquisition of
25vehicles for enforcement of traffic laws and promotion of

 

 

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1safety of highways, roads, and streets.
2    All of the proceeds of the additional fees imposed by
3Public Act 96-34 shall be deposited into the Capital Projects
4Fund.
5    A $2 surcharge shall be collected in addition to the above
6fees for motor vehicles of the first division, autocycles,
7motorcycles, motor driven cycles, and pedalcycles to be
8deposited into the Park and Conservation Fund for the
9Department of Natural Resources to use for conservation
10efforts. The monies deposited into the Park and Conservation
11Fund under this Section shall not be subject to administrative
12charges or chargebacks unless otherwise authorized by this Act.
13(Source: P.A. 97-412, eff. 1-1-12; 97-811, eff. 7-13-12;
1497-1136, eff. 1-1-13; 98-463, eff. 8-16-13; 98-777, eff.
151-1-15.)
 
16    (625 ILCS 5/3-815)  (from Ch. 95 1/2, par. 3-815)
17    Sec. 3-815. Flat weight tax; vehicles of the second
18division.
19    (a) Except as provided in Section 3-806.3 and 3-804.3,
20every owner of a vehicle of the second division registered
21under Section 3-813, and not registered under the mileage
22weight tax under Section 3-818, shall pay to the Secretary of
23State, for each registration year, for the use of the public
24highways, a flat weight tax at the rates set forth in the
25following table, the rates including the $10 registration fee:

 

 

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1
SCHEDULE OF FLAT WEIGHT TAX
2
REQUIRED BY LAW
3Gross Weight in Lbs.Total Fees
4Including Vehicle each Fiscal
5and Maximum LoadClass year
68,000 lbs. and lessB$98
78,001 lbs. to 12,000 lbs.D138
812,001 lbs. to 16,000 lbs.F242
916,001 lbs. to 26,000 lbs.H490
1026,001 lbs. to 28,000 lbs.J630
1128,001 lbs. to 32,000 lbs.K842
1232,001 lbs. to 36,000 lbs.L982
1336,001 lbs. to 40,000 lbs.N1,202
1440,001 lbs. to 45,000 lbs.P1,390
1545,001 lbs. to 50,000 lbs.Q1,538
1650,001 lbs. to 54,999 lbs.R1,698
1755,000 lbs. to 59,500 lbs.S1,830
1859,501 lbs. to 64,000 lbs.T1,970
1964,001 lbs. to 73,280 lbs.V2,294
2073,281 lbs. to 77,000 lbs.X2,622
2177,001 lbs. to 80,000 lbs.Z2,790
22    Beginning with the 2010 registration year a $1 surcharge
23shall be collected for vehicles registered in the 8,000 lbs.
24and less flat weight plate category above to be deposited into
25the State Police Vehicle Fund for acquisition of vehicles for
26enforcement of traffic laws and promotion of safety of

 

 

HB2765- 5 -LRB100 00328 SLF 10332 b

1highways, roads, and streets.
2    Beginning with the 2014 registration year, a $2 surcharge
3shall be collected in addition to the above fees for vehicles
4registered in the 8,000 lb. and less flat weight plate category
5as described in this subsection (a) to be deposited into the
6Park and Conservation Fund for the Department of Natural
7Resources to use for conservation efforts. The monies deposited
8into the Park and Conservation Fund under this Section shall
9not be subject to administrative charges or chargebacks unless
10otherwise authorized by this Act.
11    All of the proceeds of the additional fees imposed by this
12amendatory Act of the 96th General Assembly shall be deposited
13into the Capital Projects Fund.
14    (a-1) A Special Hauling Vehicle is a vehicle or combination
15of vehicles of the second division registered under Section
163-813 transporting asphalt or concrete in the plastic state or
17a vehicle or combination of vehicles that are subject to the
18gross weight limitations in subsection (a) of Section 15-111
19for which the owner of the vehicle or combination of vehicles
20has elected to pay, in addition to the registration fee in
21subsection (a), $125 to the Secretary of State for each
22registration year. The Secretary shall designate this class of
23vehicle as a Special Hauling Vehicle.
24    (a-5) Beginning January 1, 2015, upon the request of the
25vehicle owner, a $10 surcharge shall be collected in addition
26to the above fees for vehicles in the 12,000 lbs. and less flat

 

 

HB2765- 6 -LRB100 00328 SLF 10332 b

1weight plate categories as described in subsection (a) to be
2deposited into the Secretary of State Special License Plate
3Fund. The $10 surcharge is to identify vehicles in the 12,000
4lbs. and less flat weight plate categories as a covered farm
5vehicle. The $10 surcharge is an annual, flat fee that shall be
6based on an applicant's new or existing registration year for
7each vehicle in the 12,000 lbs. and less flat weight plate
8categories. A designation as a covered farm vehicle under this
9subsection (a-5) shall not alter a vehicle's registration as a
10registration in the 12,000 lbs. or less flat weight category.
11The Secretary shall adopt any rules necessary to implement this
12subsection (a-5).
13    (b) Except as provided in Section 3-806.3, every camping
14trailer, motor home, mini motor home, travel trailer, truck
15camper or van camper used primarily for recreational purposes,
16and not used commercially, nor for hire, nor owned by a
17commercial business, may be registered for each registration
18year upon the filing of a proper application and the payment of
19a registration fee and highway use tax, according to the
20following table of fees:
21
MOTOR HOME, MINI MOTOR HOME, TRUCK CAMPER OR VAN CAMPER
22Gross Weight in Lbs.Total Fees
23Including Vehicle andEach
24Maximum LoadCalendar Year
258,000 lbs and less$78
268,001 Lbs. to 10,000 Lbs90

 

 

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110,001 Lbs. and Over102
2
CAMPING TRAILER OR TRAVEL TRAILER
3Gross Weight in Lbs.Total Fees
4Including Vehicle andEach
5Maximum LoadCalendar Year
63,000 Lbs. and Less$18
73,001 Lbs. to 8,000 Lbs.30
88,001 Lbs. to 10,000 Lbs.38
910,001 Lbs. and Over50
10    Every house trailer must be registered under Section 3-819.
11    (c) Farm Truck. Any truck used exclusively for the owner's
12own agricultural, horticultural or livestock raising
13operations and not-for-hire only, or any truck used only in the
14transportation for-hire of seasonal, fresh, perishable fruit
15or vegetables from farm to the point of first processing, may
16be registered by the owner under this paragraph in lieu of
17registration under paragraph (a), upon filing of a proper
18application and the payment of the $10 registration fee and the
19highway use tax herein specified as follows:
20
SCHEDULE OF FEES AND TAXES
21Gross Weight in Lbs.Total Amount for
22Including Truck andeach
23Maximum LoadClassFiscal Year
2416,000 lbs. or lessVF$150
2516,001 to 20,000 lbs.VG226
2620,001 to 24,000 lbs.VH290

 

 

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124,001 to 28,000 lbs.VJ378
228,001 to 32,000 lbs.VK506
332,001 to 36,000 lbs.VL610
436,001 to 45,000 lbs.VP810
545,001 to 54,999 lbs.VR1,026
655,000 to 64,000 lbs.VT1,202
764,001 to 73,280 lbs.VV1,290
873,281 to 77,000 lbs.VX1,350
977,001 to 80,000 lbs.VZ1,490
10    In the event the Secretary of State revokes a farm truck
11registration as authorized by law, the owner shall pay the flat
12weight tax due hereunder before operating such truck.
13    Any combination of vehicles having 5 axles, with a distance
14of 42 feet or less between extreme axles, that are subject to
15the weight limitations in subsection (a) of Section 15-111 for
16which the owner of the combination of vehicles has elected to
17pay, in addition to the registration fee in subsection (c),
18$125 to the Secretary of State for each registration year shall
19be designated by the Secretary as a Special Hauling Vehicle.
20    (d) The number of axles necessary to carry the maximum load
21provided shall be determined from Chapter 15 of this Code.
22    (e) An owner may only apply for and receive 5 farm truck
23registrations, and only 2 of those 5 vehicles shall exceed
2459,500 gross weight in pounds per vehicle.
25    (f) Every person convicted of violating this Section by
26failure to pay the appropriate flat weight tax to the Secretary

 

 

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1of State as set forth in the above tables shall be punished as
2provided for in Section 3-401.
3(Source: P.A. 97-201, eff. 1-1-12; 97-811, eff. 7-13-12;
497-1136, eff. 1-1-13; 98-463, eff. 8-16-13; 98-882, eff.
58-13-14.)
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.