Full Text of SB0450 95th General Assembly
SB0450ham004 95TH GENERAL ASSEMBLY
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Rep. Charles E. Jefferson
Filed: 7/15/2008
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09500SB0450ham004 |
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LRB095 09964 RLC 52114 a |
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| AMENDMENT TO SENATE BILL 450
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| AMENDMENT NO. ______. Amend Senate Bill 450 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The State Police Act is amended by adding | 5 |
| Section 30 as follows: | 6 |
| (20 ILCS 2610/30 new) | 7 |
| Sec. 30. Patrol vehicles with in-car video recording | 8 |
| cameras. | 9 |
| (a) Definitions. As used in this Section: | 10 |
| "Audio recording" means the recorded conversation | 11 |
| between an officer and a second party. | 12 |
| "Emergency lights" means oscillating, rotating, or | 13 |
| flashing lights on patrol vehicles. | 14 |
| "In-car video camera" means a video camera located in a | 15 |
| Department patrol vehicle. | 16 |
| "In-car video camera recording equipment" means a |
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LRB095 09964 RLC 52114 a |
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| video camera recording system located in a Department | 2 |
| patrol vehicle consisting of a camera assembly, recording | 3 |
| mechanism, and an in-car video recording medium. | 4 |
| "Enforcement stop" means an action by an officer of the | 5 |
| Department in relation to enforcement and investigation | 6 |
| duties, including but not limited to, traffic stops, | 7 |
| pedestrian stops, abandoned vehicle contacts, motorist | 8 |
| assists, commercial motor vehicle stops, roadside safety | 9 |
| checks, requests for identification, or responses to | 10 |
| requests for emergency assistance. | 11 |
| "Recording" means the process of capturing data or | 12 |
| information stored on a recording medium as required under | 13 |
| this Section. | 14 |
| "Recording medium" means any recording medium | 15 |
| authorized by the Department for the retention and playback | 16 |
| of recorded audio and video including, but not limited to, | 17 |
| VHS, DVD, hard drive, solid state, digital, or flash memory | 18 |
| technology. | 19 |
| "Wireless microphone" means a devise worn by the | 20 |
| officer or any other equipment used to record conversations | 21 |
| between the officer and a second party and transmitted to | 22 |
| the recording equipment. | 23 |
| (b) By June 1, 2009, the Department shall install in-car | 24 |
| video camera recording equipment in all patrol vehicles. | 25 |
| Subject to appropriation, all patrol vehicles shall be equipped | 26 |
| with in-car video camera recording equipment with a recording |
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LRB095 09964 RLC 52114 a |
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| medium capable of recording for a period of 10 hours or more by | 2 |
| June 1, 2011. In-car video camera recording equipment shall be | 3 |
| capable of making audio recordings with the assistance of a | 4 |
| wireless microphone. | 5 |
| (c) As of the effective date of this amendatory Act of the | 6 |
| 95th General Assembly, in-car video camera recording equipment | 7 |
| with a recording medium incapable of recording for a period of | 8 |
| 10 hours or more shall record activities outside a patrol | 9 |
| vehicle whenever (i) an officer assigned a patrol vehicle is | 10 |
| conducting an enforcement stop; (ii) patrol vehicle emergency | 11 |
| lights are activated or would otherwise be activated if not for | 12 |
| the need to conceal the presence of law enforcement; or (iii) | 13 |
| an officer reasonably believes recording may assist with | 14 |
| prosecution, enhance safety, or for any other lawful purpose. | 15 |
| As of the effective date of this amendatory Act of the 95th | 16 |
| General Assembly, in-car video camera recording equipment with | 17 |
| a recording medium incapable of recording for a period of 10 | 18 |
| hours or more shall record activities inside the vehicle when | 19 |
| transporting an arrestee or when an officer reasonably believes | 20 |
| recording may assist with prosecution, enhance safety, or for | 21 |
| any other lawful purpose. | 22 |
| (1) Recording for an enforcement stop shall begin when | 23 |
| the officer determines an enforcement stop is necessary and | 24 |
| shall continue until the enforcement action has been | 25 |
| completed and the subject of the enforcement stop or the | 26 |
| officer has left the scene. |
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| (2) Recording shall begin when patrol vehicle | 2 |
| emergency lights are activated or when they would otherwise | 3 |
| be activated if not for the need to conceal the presence of | 4 |
| law enforcement, and shall continue until the reason for | 5 |
| the activation ceases to exist, regardless of whether the | 6 |
| emergency lights are no longer activated. | 7 |
| (3) An officer may begin recording if the officer | 8 |
| reasonably believes recording may assist with prosecution, | 9 |
| enhance safety, or for any other lawful purpose; and shall | 10 |
| continue until the reason for recording ceases to exist. | 11 |
| (d) In-car video camera recording equipment with a | 12 |
| recording medium capable of recording for a period of 10 hours | 13 |
| or more shall record activities whenever a patrol vehicle is | 14 |
| assigned to patrol duty. | 15 |
| (e) Any enforcement stop resulting from a suspected | 16 |
| violation of the Illinois Vehicle Code shall be video and audio | 17 |
| recorded. Audio recording shall terminate upon release of the | 18 |
| violator and prior to initiating a separate criminal | 19 |
| investigation. | 20 |
| (f) Recordings made on in-car video camera recording medium | 21 |
| shall be retained by the Department for a storage period of at | 22 |
| least 90 days. Under no circumstances shall any recording made | 23 |
| on in-car video camera recording medium be altered or erased | 24 |
| prior to the expiration of the designated storage period. Upon | 25 |
| completion of the storage period, the recording medium may be | 26 |
| erased and reissued for operational use unless otherwise |
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| ordered by the District Commander or his or her designee or by | 2 |
| a court, or if designated for evidentiary or training purposes. | 3 |
| (g) Audio or video recordings made pursuant to this Section | 4 |
| shall be available under the applicable provisions of the | 5 |
| Freedom of Information Act. Only recorded portions of the audio | 6 |
| recording or video recording medium applicable to the request | 7 |
| will be available for inspection or copying. | 8 |
| (h) The Department shall ensure proper care and maintenance | 9 |
| of in-car video camera recording equipment and recording | 10 |
| medium. An officer operating a patrol vehicle must immediately | 11 |
| document and notify the District Commander or his or her | 12 |
| designee of any technical difficulties, failures, or problems | 13 |
| with the in-car video camera recording equipment or recording | 14 |
| medium. Upon receiving notice, the District Commander or his or | 15 |
| her designee shall make every reasonable effort to correct and | 16 |
| repair any of the in-car video camera recording equipment or | 17 |
| recording medium and determine if it is in the public interest | 18 |
| to permit the use of the patrol vehicle. | 19 |
| (i) The Department may promulgate rules to implement this | 20 |
| amendatory Act of the 95th General Assembly only to the extent | 21 |
| necessary to apply the existing rules or applicable internal | 22 |
| directives.
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| Section 10. The Illinois Vehicle Code is amended by | 24 |
| changing Sections 3-806 and 3-815 as follows:
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| (625 ILCS 5/3-806) (from Ch. 95 1/2, par. 3-806)
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| Sec. 3-806. Registration Fees; Motor Vehicles of the First
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| Division. Every owner of any other motor vehicle of the first
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| division, except as provided in Sections 3-804, 3-805, 3-806.3, | 5 |
| and 3-808,
and every second division vehicle weighing 8,000 | 6 |
| pounds or less,
shall pay the Secretary of State an annual | 7 |
| registration fee
at the following rates:
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9 | | SCHEDULE OF REGISTRATION FEES |
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10 | | REQUIRED BY LAW |
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11 | | Beginning with the 1986 registration year |
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Reduced Fee |
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13 | | |
Annual |
On and After |
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14 | | |
Fee |
June 15 |
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15 | | Motor vehicles of the first |
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16 | | division other than |
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17 | | Motorcycles, Motor Driven |
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18 | | Cycles and Pedalcycles |
$48 |
$24 |
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Reduced Fee |
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September 16 |
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to March 31 |
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22 | | Motorcycles, Motor Driven |
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23 | | Cycles and Pedalcycles |
30 |
15 |
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24 | | SCHEDULE OF REGISTRATION FEES |
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25 | | REQUIRED BY LAW |
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26 | | Beginning with the 2001 registration year |
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LRB095 09964 RLC 52114 a |
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Reduced Fee |
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2 | | |
Annual |
On and After |
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3 | | |
Fee |
June 15 |
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4 | | Motor vehicles of the first |
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5 | | division other than |
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6 | | Motorcycles, Motor Driven |
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7 | | Cycles and Pedalcycles |
$78 |
$39 |
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Reduced Fee |
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September 16 |
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to March 31 |
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11 | | Motorcycles, Motor Driven |
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12 | | Cycles and Pedalcycles |
38 |
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| Beginning with the 2010 registration year a $1 surcharge | 14 |
| shall be collected in addition to the above fees for motor | 15 |
| vehicles of the first division, motorcycles, motor driven | 16 |
| cycles, and pedalcycles to be deposited into the State Police | 17 |
| Vehicle Fund.
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| (Source: P.A. 91-37, eff. 7-1-99 .)
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| (625 ILCS 5/3-815) (from Ch. 95 1/2, par. 3-815)
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| Sec. 3-815. Flat weight tax; vehicles of the second | 21 |
| division.
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| (a) Except
as provided in Section 3-806.3, every owner
of a | 23 |
| vehicle of the second division registered under Section 3-813, | 24 |
| and
not registered under the mileage weight tax under Section | 25 |
| 3-818, shall
pay to the Secretary of State, for each |
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LRB095 09964 RLC 52114 a |
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| registration year, for the use
of the public highways, a flat | 2 |
| weight tax at the rates set forth in the
following table, the | 3 |
| rates including the $10 registration fee:
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| SCHEDULE OF FLAT WEIGHT TAX
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| REQUIRED BY LAW
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6 | | Gross Weight in Lbs. |
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Total Fees |
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7 | | Including Vehicle |
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each Fiscal |
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8 | | and Maximum |
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year |
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9 | | Load |
Class |
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10 | | 8,000 lbs. and less |
B |
$78 |
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11 | | 8,001 lbs. to 12,000 lbs. |
D |
138 |
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12 | | 12,001 lbs. to 16,000 lbs. |
F |
242 |
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13 | | 16,001 lbs. to 26,000 lbs. |
H |
490 |
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14 | | 26,001 lbs. to 28,000 lbs. |
J |
630 |
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15 | | 28,001 lbs. to 32,000 lbs. |
K |
842 |
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16 | | 32,001 lbs. to 36,000 lbs. |
L |
982 |
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17 | | 36,001 lbs. to 40,000 lbs. |
N |
1,202 |
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18 | | 40,001 lbs. to 45,000 lbs. |
P |
1,390 |
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19 | | 45,001 lbs. to 50,000 lbs. |
Q |
1,538 |
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20 | | 50,001 lbs. to 54,999 lbs. |
R |
1,698 |
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21 | | 55,000 lbs. to 59,500 lbs. |
S |
1,830 |
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22 | | 59,501 lbs. to 64,000 lbs. |
T |
1,970 |
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23 | | 64,001 lbs. to 73,280 lbs. |
V |
2,294 |
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24 | | 73,281 lbs. to 77,000 lbs. |
X |
2,622 |
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25 | | 77,001 lbs. to 80,000 lbs. |
Z |
2,790 |
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| Beginning with the 2010 registration year a $1 surcharge |
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LRB095 09964 RLC 52114 a |
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| shall be collected for vehicles registered in the 8,000 lbs. | 2 |
| and less flat weight plate category above to be deposited into | 3 |
| the State Police Vehicle Fund.
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| (a-1) A Special Hauling Vehicle is a vehicle or combination | 5 |
| of vehicles of
the second
division registered under Section | 6 |
| 3-813 transporting asphalt or concrete in the
plastic state or | 7 |
| a vehicle or combination of vehicles that are subject to the
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| gross weight limitations in subsection (b) of Section 15-111 | 9 |
| for which the
owner of the
vehicle or combination of vehicles | 10 |
| has elected to pay, in addition to the
registration fee in | 11 |
| subsection (a), $125 to the Secretary of State
for each
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| registration year. The Secretary shall designate this class of | 13 |
| vehicle as
a Special Hauling Vehicle.
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| (b) Except as provided in Section 3-806.3, every camping | 15 |
| trailer,
motor home, mini motor home, travel trailer, truck | 16 |
| camper or van camper
used primarily for recreational purposes, | 17 |
| and not used commercially, nor
for hire, nor owned by a | 18 |
| commercial business, may be registered for each
registration | 19 |
| year upon the filing of a proper application and the payment
of | 20 |
| a registration fee and highway use tax, according to the | 21 |
| following table of
fees:
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| MOTOR HOME, MINI MOTOR HOME, TRUCK CAMPER OR VAN CAMPER
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23 | | Gross Weight in Lbs. |
Total Fees |
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24 | | Including Vehicle and |
Each |
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25 | | Maximum Load |
Calendar Year |
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26 | | 8,000 lbs and less |
$78 |
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| 1 | | 8,001 Lbs. to 10,000 Lbs |
90 |
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2 | | 10,001 Lbs. and Over |
102 |
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3 |
| CAMPING TRAILER OR TRAVEL TRAILER
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4 | | Gross Weight in Lbs. |
Total Fees |
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5 | | Including Vehicle and |
Each |
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6 | | Maximum Load |
Calendar Year |
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7 | | 3,000 Lbs. and Less |
$18 |
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8 | | 3,001 Lbs. to 8,000 Lbs. |
30 |
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9 | | 8,001 Lbs. to 10,000 Lbs. |
38 |
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10 | | 10,001 Lbs. and Over |
50 |
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| Every house trailer must be registered under Section 3-819.
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| (c) Farm Truck. Any truck used exclusively for the owner's | 13 |
| own
agricultural, horticultural or livestock raising | 14 |
| operations and
not-for-hire only, or any truck used only in the | 15 |
| transportation for-hire
of seasonal, fresh, perishable fruit | 16 |
| or vegetables from farm to the
point of first processing,
may | 17 |
| be registered by the owner under this paragraph in lieu of
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| registration under paragraph (a), upon filing of a proper | 19 |
| application
and the payment of the $10 registration fee and the | 20 |
| highway use tax
herein specified as follows:
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| SCHEDULE OF FEES AND TAXES
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22 | | Gross Weight in Lbs. |
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Total Amount for |
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23 | | Including Truck and |
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each |
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24 | | Maximum Load |
Class |
Fiscal Year |
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25 | | 16,000 lbs. or less |
VF |
$150 |
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26 | | 16,001 to 20,000 lbs. |
VG |
226 |
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| 1 | | 20,001 to 24,000 lbs. |
VH |
290 |
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2 | | 24,001 to 28,000 lbs. |
VJ |
378 |
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3 | | 28,001 to 32,000 lbs. |
VK |
506 |
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4 | | 32,001 to 36,000 lbs. |
VL |
610 |
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5 | | 36,001 to 45,000 lbs. |
VP |
810 |
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6 | | 45,001 to 54,999 lbs. |
VR |
1,026 |
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7 | | 55,000 to 64,000 lbs. |
VT |
1,202 |
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8 | | 64,001 to 73,280 lbs. |
VV |
1,290 |
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9 | | 73,281 to 77,000 lbs. |
VX |
1,350 |
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10 | | 77,001 to 80,000 lbs. |
VZ |
1,490 |
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| In the event the Secretary of State revokes a farm truck | 12 |
| registration
as authorized by law, the owner shall pay the flat | 13 |
| weight tax due
hereunder before operating such truck.
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| Any combination of vehicles having 5 axles, with a distance | 15 |
| of 42 feet or
less between extreme axles, that are subject to | 16 |
| the weight limitations in
subsection (a) and (b) of Section | 17 |
| 15-111 for which the owner of the combination
of
vehicles has | 18 |
| elected to pay, in addition to the registration fee in | 19 |
| subsection
(c), $125 to the Secretary of State for each | 20 |
| registration year
shall be designated by the Secretary as a | 21 |
| Special Hauling Vehicle.
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| (d) The number of axles necessary to carry the maximum load | 23 |
| provided
shall be determined from Chapter 15 of this Code.
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| (e) An owner may only apply for and receive 5 farm truck
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| registrations, and only 2 of those 5 vehicles shall exceed | 26 |
| 59,500 gross
weight in pounds per vehicle.
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| (f) Every person convicted of violating this Section by | 2 |
| failure to pay
the appropriate flat weight tax to the Secretary | 3 |
| of State as set forth in
the above tables shall be punished as | 4 |
| provided for in Section 3-401.
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| (Source: P.A. 91-37, eff. 7-1-99 .)
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| Section 99. Effective date. This Act takes effect upon | 7 |
| becoming law.".
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