Illinois General Assembly - Full Text of HB0387
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Full Text of HB0387  99th General Assembly



State of Illinois
2015 and 2016


Introduced , by Rep. Robert F. Martwick


625 ILCS 5/3-402.1  from Ch. 95 1/2, par. 3-402.1
625 ILCS 5/20-101  from Ch. 95 1/2, par. 20-101
625 ILCS 5/3-815.1 rep.

    Amends the Illinois Vehicle Code. Repeals a provision providing for the collection of an annual commercial distribution fee on vehicles of the second division weighing more than 8,000 pounds. Makes conforming changes. Effective July 1, 2016.

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HB0387LRB099 06316 RJF 26385 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 changing
5Sections 3-402.1 and 20-101 as follows:
6    (625 ILCS 5/3-402.1)  (from Ch. 95 1/2, par. 3-402.1)
7    Sec. 3-402.1. Proportional Registration. Any owner or
8rental owner engaged in operating a fleet of apportionable
9vehicles in this state and one or more other states may, in
10lieu of registration of such vehicles under the general
11provisions of sections 3-402, 3-815, 3-815.1, and 3-819,
12register and license such fleet for operations in this state by
13filing an application statement, signed under penalties of
14perjury, with the Secretary of State which shall be in such
15form and contain such information as the Secretary of State
16shall require, declaring the total mileage operated in all
17states by such fleet, the total mileage operated in this state
18by such fleet during the preceding year, and describing and
19identifying each apportionable vehicle to be operated in this
20state during the ensuing year. If mileage data is not available
21for the preceding year, the Secretary of State may accept the
22latest 12-month period available. "Preceding year" means the
23period of 12 consecutive months immediately prior to July 1st



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1of the year immediately preceding the registration or license
2year for which proportional registration is sought.
3    Such owner shall determine the proportion of in-state miles
4to total fleet miles. Such percentage figure shall be such
5owner's apportionment factor. In determining the total fee
6payment, such owner shall first compute the license fee or fees
7for each vehicle within the fleet which would otherwise be
8required, and then multiply the said amount by the Illinois
9apportionment factor adding the fees for each vehicle to arrive
10at a total amount for the fleet. Apportionable trailers and
11semitrailers will be registered in accordance with the
12provisions of Section 3-813 of this Code.
13    Upon receipt of the appropriate fees from such owner as
14computed under the provisions of this section, the Secretary of
15State shall, when this state is the base jurisdiction, issue to
16such owner number plates or other distinctive tags or such
17evidence of registration as the Secretary of State shall deem
18appropriate to identify each vehicle in the fleet as a part of
19a proportionally registered interstate fleet.
20    Vehicles registered under the provision of this section
21shall be considered fully licensed and properly registered in
22Illinois for any type of movement or operation. The
23proportional registration and licensing provisions of this
24section shall apply to vehicles added to fleets and operated in
25this state during the registration year, applying the same
26apportionment factor to such fees as would be payable for the



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1remainder of the registration year.
2    Apportionment factors for apportionable vehicles not
3operated in this state during the preceding year shall be
4determined by the Secretary of State on the basis of a full
5statement of the proposed methods of operation and in
6conformity with an estimated mileage chart as calculated by the
7Secretary of State. An established fleet adding states at the
8time of renewal shall estimate mileage for the added states in
9conformity with a mileage chart developed by the Secretary of
11(Source: P.A. 93-23, eff. 6-20-03.)
12    (625 ILCS 5/20-101)  (from Ch. 95 1/2, par. 20-101)
13    Sec. 20-101. Moneys derived from registration, operation
14and use of automobiles and from fuel taxes - Use. From and
15after the effective date of this Act, except as provided in
16Section 3-815.1 of this Code, no public moneys derived from
17fees, excises or license taxes relating to registration,
18operation and use of vehicles on public highways or to fuels
19used for the propulsion of such vehicles, shall be appropriated
20or expended other than for costs of administering the laws
21imposing such fees, excises and license taxes, statutory
22refunds and adjustments allowed thereunder, administrative
23costs of the Department of Transportation, payment of debts and
24liabilities incurred in construction and reconstruction of
25public highways and bridges, acquisition of rights-of-way for,



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1and the cost of construction, reconstruction, maintenance,
2repair and operation of public highways and bridges under the
3direction and supervision of the State, political subdivision
4or municipality collecting such moneys, and the costs for
5patrolling and policing the public highways (by the State,
6political subdivision or municipality collecting such money)
7for enforcement of traffic laws; provided, that such moneys may
8be used for the retirement of and interest on bonds heretofore
9issued for purposes other than the construction of public
10highways or bridges but not to a greater extent, nor a greater
11length of time, than is provided in acts heretofore adopted and
12now in force. Further the separation of grades of such highways
13with railroads and costs associated with protection of at-grade
14highway and railroad crossings shall also be permissible.
15(Source: P.A. 93-23, eff. 6-20-03.)
16    (625 ILCS 5/3-815.1 rep.)
17    Section 10. The Illinois Vehicle Code is amended by
18repealing Section 3-815.1.
19    Section 99. Effective date. This Act takes effect July 1,