100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB0086
 
Introduced 1/18/2017, by Sen. Martin A. Sandoval
 
SYNOPSIS AS INTRODUCED:



      
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, 2018.



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FISCAL NOTE ACT MAY APPLY
 
 
A BILL FOR
 


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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 
10State.

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, 
202018.