State of Illinois
91st General Assembly
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Public Act 91-0499

HB1809 Enrolled                                LRB9103885KSpr

    AN ACT to amend the Illinois  Vehicle  Code  by  changing
Section 3-818.

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section 5.  The  Illinois  Vehicle  Code  is  amended  by
changing Section 3-818 as follows:

    (625 ILCS 5/3-818) (from Ch. 95 1/2, par. 3-818)
    Sec.  3-818.   Mileage weight tax option.  Any owner of a
vehicle of the second division may elect  to  pay  a  mileage
weight  tax  for  such vehicle in lieu of the flat weight tax
set out in Section 3-815. Such election shall be  binding  to
the  end  of  the registration year. Renewal of this election
must be filed with the Secretary of State on or before July 1
of each registration period. In such event the  owner  shall,
at the time of making such election, pay the $10 registration
fee  and  the  minimum  guaranteed  mileage  weight  tax,  as
hereinafter provided, which payment shall permit the owner to
operate  that  vehicle  the  maximum  mileage  in  this State
hereinafter set forth. Any vehicle being operated on  mileage
plates  cannot be operated outside of this State. In addition
thereto, the owner of that vehicle shall pay a mileage weight
tax at the following rates for each  mile  traveled  in  this
State  in  excess  of  the maximum mileage provided under the
minimum guaranteed basis:
                 BUS, TRUCK OR TRUCK TRACTOR
                                        Maximum       Mileage
                             Minimum    Mileage    Weight Tax
                            Guaranteed Permitted  for Mileage
Gross Weight                 Mileage     Under   in excess of
Vehicle and                   Weight   Guaranteed  Guaranteed
Load                  Class    Tax        Tax         Mileage
12,000 lbs. or less    MD      $58       5,000       21 Mills
12,001 to 16,000 lbs.  MF       96       6,000       27 Mills
16,001 to 20,000 lbs.  MG      144       6,000       37 Mills
20,001 to 24,000 lbs.  MH      188       6,000       50 Mills
24,001 to 28,000 lbs.  MJ      252       7,000       50 Mills
28,001 to 32,000 lbs.  MK      308       7,000       66 Mills
32,001 to 36,000 lbs.  ML      388       7,000       79 Mills
36,001 to 40,000 lbs.  MN      492       7,000      102 Mills
40,001 to 45,000 lbs.  MP      556       7,000      111 Mills
45,001 to 54,999 lbs.  MR      682       7,000      125 Mills
55,000 to 59,500 lbs.  MS      736       7,000      142 Mills
59,501 to 64,000 lbs.  MT      788       7,000      156 Mills
64,001 to 73,280 lbs.  MV      938       7,000      180 Mills
73,281 to 77,000 lbs.  MX     1,062      7,000      206 Mills
77,001 to 80,000 lbs.  MZ     1,132      7,000      220 Mills
                           TRAILER
                                         Maximum      Mileage
                               Minimum   Mileage   Weight Tax
                            Guaranteed Permitted  for Mileage
Gross Weight                   Mileage     Under in excess of
Vehicle and                     Weight Guaranteed  Guaranteed
Load                  Class        Tax       Tax      Mileage
14,000 lbs. or less      ME        $60     5,000     25 Mills
14,001 to 20,000 lbs.    MF        108     6,000     29 Mills
20,001 to 36,000 lbs.    ML        432     7,000     82 Mills
36,001 to 40,000 lbs.    MM        600     7,000    120 Mills
    (a-1)  A  Special  Hauling  Vehicle  is  a   vehicle   or
combination  of  vehicles  of  the second division registered
under Section 3-813 transporting asphalt or concrete  in  the
plastic  state  or  a vehicle or combination of vehicles that
are subject to the gross weight limitations in subsection (b)
of Section 15-111 for which  the  owner  of  the  vehicle  or
combination  of  vehicles  has elected to pay, in addition to
the registration fee in subsection (a), $100 to the Secretary
of State for each registration  year.   The  Secretary  shall
designate this class of vehicle as a Special Hauling Vehicle.
    In preparing rate schedules on registration applications,
the  Secretary of State shall add to the above rates, the $10
registration fee. The Secretary may  decline  to  accept  any
renewal filed after July 1st.
    The  number  of axles necessary to carry the maximum load
provided shall be determined from Chapter 15 of this Code.
    Every owner of a second division motor vehicle for  which
he has elected to pay a mileage weight tax shall keep a daily
record  upon  forms  prescribed  by  the  Secretary of State,
showing the mileage covered by that vehicle  in  this  State.
Such  record  shall contain the license number of the vehicle
and the miles traveled by the vehicle in this State for  each
day  of  the  calendar  month. Such owner shall also maintain
records of fuel consumed by each such motor vehicle and  fuel
purchases  therefor. On or before the 10th day of January and
July the owner shall certify to the Secretary of  State  upon
forms  prescribed  therefor,  summaries  of his daily records
which shall show the miles traveled by the  vehicle  in  this
State   during   the   preceding  6  months  and  such  other
information as the Secretary of State may require. The  daily
record  and  fuel  records  shall  be  filed,  preserved  and
available for audit for a period of 3 years. Any owner filing
a  return hereunder shall certify that such return is a true,
correct and complete return. Any person who willfully makes a
false return hereunder is guilty  of  perjury  and  shall  be
punished  in  the  same  manner  and to the same extent as is
provided therefor.
    At the time of filing his return, each owner shall pay to
the Secretary of State the proper amount of tax at  the  rate
herein imposed.
    Every  owner  of  a  vehicle  of  the second division who
elects to pay on a mileage weight tax basis and who  operates
the  vehicle within this State, shall file with the Secretary
of State a bond in the amount of $500.  The bond shall be  in
a  form  approved by the Secretary of State and with a surety
company approved by the Illinois Department of  Insurance  to
transact  business  in  this  State  as  surety, and shall be
conditioned upon such applicant's  paying  to  the  State  of
Illinois all money becoming due by reason of the operation of
the  second division vehicle in this State, together with all
penalties and interest thereon.
    Upon notice from the Secretary that  the  registrant  has
failed  to  pay  the  excess  mileage  fees, the surety shall
immediately pay the fees  together  with  any  penalties  and
interest thereon in an amount not to exceed the limits of the
bond.
(Source:  P.A.  88-403;  89-571,  eff.  7-26-96; 89-710, eff.
2-14-97.)

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.

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