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| [ Introduced ] | [ Enrolled ] | [ Senate Amendment 001 ] |
91_HB1809eng HB1809 Engrossed LRB9103885KSpr 1 AN ACT to amend the Illinois Vehicle Code by changing 2 Section 3-818. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Illinois Vehicle Code is amended by 6 changing Section 3-818 as follows: 7 (625 ILCS 5/3-818) (from Ch. 95 1/2, par. 3-818) 8 Sec. 3-818. Mileage weight tax option. Any owner of a 9 vehicle of the second division may elect to pay a mileage 10 weight tax for such vehicle in lieu of the flat weight tax 11 set out in Section 3-815. Such election shall be binding to 12 the end of the registration year. Renewal of this election 13 must be filed with the Secretary of State on or before July 1 14 of each registration period. In such event the owner shall, 15 at the time of making such election, pay the $10 registration 16 fee and the minimum guaranteed mileage weight tax, as 17 hereinafter provided, which payment shall permit the owner to 18 operate that vehicle the maximum mileage in this State 19 hereinafter set forth. Any vehicle being operated on mileage 20 plates cannot be operated outside of this State. In addition 21 thereto, the owner of that vehicle shall pay a mileage weight 22 tax at the following rates for each mile traveled in this 23 State in excess of the maximum mileage provided under the 24 minimum guaranteed basis: 25 BUS, TRUCK OR TRUCK TRACTOR 26 Maximum Mileage 27 Minimum Mileage Weight Tax 28 Guaranteed Permitted for Mileage 29 Gross Weight Mileage Under in excess of 30 Vehicle and Weight Guaranteed Guaranteed 31 Load Class Tax Tax Mileage HB1809 Engrossed -2- LRB9103885KSpr 1 12,000 lbs. or less MD $58 5,000 21 Mills 2 12,001 to 16,000 lbs. MF 96 6,000 27 Mills 3 16,001 to 20,000 lbs. MG 144 6,000 37 Mills 4 20,001 to 24,000 lbs. MH 188 6,000 50 Mills 5 24,001 to 28,000 lbs. MJ 252 7,000 50 Mills 6 28,001 to 32,000 lbs. MK 308 7,000 66 Mills 7 32,001 to 36,000 lbs. ML 388 7,000 79 Mills 8 36,001 to 40,000 lbs. MN 492 7,000 102 Mills 9 40,001 to 45,000 lbs. MP 556 7,000 111 Mills 10 45,001 to 54,999 lbs. MR 682 7,000 125 Mills 11 55,000 to 59,500 lbs. MS 736 7,000 142 Mills 12 59,501 to 64,000 lbs. MT 788 7,000 156 Mills 13 64,001 to 73,280 lbs. MV 938 7,000 180 Mills 14 73,281 to 77,000 lbs. MX 1,062 7,000 206 Mills 15 77,001 to 80,000 lbs. MZ 1,132 7,000 220 Mills 16 TRAILER 17 Maximum Mileage 18 Minimum Mileage Weight Tax 19 Guaranteed Permitted for Mileage 20 Gross Weight Mileage Under in excess of 21 Vehicle and Weight Guaranteed Guaranteed 22 Load Class Tax Tax Mileage 23 14,000 lbs. or less ME $60 5,000 25 Mills 24 14,001 to 20,000 lbs. MF 108 6,000 29 Mills 25 20,001 to 36,000 lbs. ML 432 7,000 82 Mills 26 36,001 to 40,000 lbs. MM 600 7,000 120 Mills 27 (a-1) A Special Hauling Vehicle is a vehicle or 28 combination of vehicles of the second division registered 29 under Section 3-813 transporting asphalt or concrete in the 30 plastic state or a vehicle or combination of vehicles that 31 are subject to the gross weight limitations in subsection (b) 32 of Section 15-111 for which the owner of the vehicle or 33 combination of vehicles has elected to pay, in addition to 34 the registration fee in subsection (a), $100 to the Secretary HB1809 Engrossed -3- LRB9103885KSpr 1 of State for each registration year. The Secretary shall 2 designate this class of vehicle as a Special Hauling Vehicle. 3 In preparing rate schedules on registration applications, 4 the Secretary of State shall add to the above rates, the $10 5 registration fee. The Secretary may decline to accept any 6 renewal filed after July 1st. 7 The number of axles necessary to carry the maximum load 8 provided shall be determined from Chapter 15 of this Code. 9 Every owner of a second division motor vehicle for which 10 he has elected to pay a mileage weight tax shall keep a daily 11 record upon forms prescribed by the Secretary of State, 12 showing the mileage covered by that vehicle in this State. 13 Such record shall contain the license number of the vehicle 14 and the miles traveled by the vehicle in this State for each 15 day of the calendar month. Such owner shall also maintain 16 records of fuel consumed by each such motor vehicle and fuel 17 purchases therefor. On or before the 10th day of January and 18 July the owner shall certify to the Secretary of State upon 19 forms prescribed therefor, summaries of his daily records 20 which shall show the miles traveled by the vehicle in this 21 State during the preceding 6 months and such other 22 information as the Secretary of State may require. The daily 23 record and fuel records shall be filed, preserved and 24 available for audit for a period of 3 years. Any owner filing 25 a return hereunder shall certify that such return is a true, 26 correct and complete return. Any person who willfully makes a 27 false return hereunder is guilty of perjury and shall be 28 punished in the same manner and to the same extent as is 29 provided therefor. 30 At the time of filing his return, each owner shall pay to 31 the Secretary of State the proper amount of tax at the rate 32 herein imposed. 33 Every owner of a vehicle of the second division who 34 elects to pay on a mileage weight tax basis and who operates HB1809 Engrossed -4- LRB9103885KSpr 1 the vehicle within this State, shall file with the Secretary 2 of State a bond in the amount of $500. The bond shall be in 3 a form approved by the Secretary of State and with a surety 4 company approved by the Illinois Department of Insurance to 5 transact business in this State as surety, and shall be 6 conditioned upon such applicant's paying to the State of 7 Illinois all money becoming due by reason of the operation of 8 the second division vehicle in this State, together with all 9 penalties and interest thereon. 10 The liability of the surety under this Section shall be 11 absolute and upon notice from the Secretary that the 12 registrant has failed to pay the excess mileage fees the 13 surety shall immediately pay the fees together with any 14 penalties and interest thereon. 15 (Source: P.A. 88-403; 89-571, eff. 7-26-96; 89-710, eff. 16 2-14-97.) 17 Section 99. Effective date. This Act takes effect upon 18 becoming law.