Bill Text: IL SB3398 | 2013-2014 | 98th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Illinois Vehicle Code. Defines "covered farm vehicles" under the Illinois Motor Carrier Safety Law. Provides that when trailers registered as farm trailers are hauled by a motor vehicle of the second division that is 12,000 pounds or less that is not registered as a farm truck, that truck is subject to privileges and limitations on use as though it were registered as a farm truck. Effective immediately.

Spectrum: Bipartisan Bill

Status: (Passed) 2014-08-13 - Public Act . . . . . . . . . 98-0882 [SB3398 Detail]

Download: Illinois-2013-SB3398-Amended.html

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Sen. Toi W. Hutchinson

Filed: 4/28/2014

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AMENDMENT TO SENATE BILL 3398
AMENDMENT NO. ______. Amend Senate Bill 3398 by replacing
everything after the enacting clause with the following:
"Section 5. The Illinois Vehicle Code is amended by
changing Sections 3-815 and 18b-101 as follows:
(625 ILCS 5/3-815) (from Ch. 95 1/2, par. 3-815)
Sec. 3-815. Flat weight tax; vehicles of the second
division.
(a) Except as provided in Section 3-806.3 and 3-804.3,
every owner of a vehicle of the second division registered
under Section 3-813, and not registered under the mileage
weight tax under Section 3-818, shall pay to the Secretary of
State, for each registration year, for the use of the public
highways, a flat weight tax at the rates set forth in the
following table, the rates including the $10 registration fee:
SCHEDULE OF FLAT WEIGHT TAX

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REQUIRED BY LAW
Gross Weight in Lbs. Total Fees
Including Vehicle each Fiscal
and Maximum year
Load Class
8,000 lbs. and less B $98
8,001 lbs. to 12,000 lbs. D 138
12,001 lbs. to 16,000 lbs. F 242
16,001 lbs. to 26,000 lbs. H 490
26,001 lbs. to 28,000 lbs. J 630
28,001 lbs. to 32,000 lbs. K 842
32,001 lbs. to 36,000 lbs. L 982
36,001 lbs. to 40,000 lbs. N 1,202
40,001 lbs. to 45,000 lbs. P 1,390
45,001 lbs. to 50,000 lbs. Q 1,538
50,001 lbs. to 54,999 lbs. R 1,698
55,000 lbs. to 59,500 lbs. S 1,830
59,501 lbs. to 64,000 lbs. T 1,970
64,001 lbs. to 73,280 lbs. V 2,294
73,281 lbs. to 77,000 lbs. X 2,622
77,001 lbs. to 80,000 lbs. Z 2,790
Beginning with the 2010 registration year a $1 surcharge
shall be collected for vehicles registered in the 8,000 lbs.
and less flat weight plate category above to be deposited into
the State Police Vehicle Fund.
Beginning with the 2014 registration year, a $2 surcharge

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shall be collected in addition to the above fees for vehicles
registered in the 8,000 lb. and less flat weight plate category
as described in this subsection (a) to be deposited into the
Park and Conservation Fund for the Department of Natural
Resources to use for conservation efforts. The monies deposited
into the Park and Conservation Fund under this Section shall
not be subject to administrative charges or chargebacks unless
otherwise authorized by this Act.
All of the proceeds of the additional fees imposed by this
amendatory Act of the 96th General Assembly shall be deposited
into the Capital Projects Fund.
(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 (a) 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), $125 to the Secretary of State for each
registration year. The Secretary shall designate this class of
vehicle as a Special Hauling Vehicle.
(a-5) Beginning January 1, 2015, upon the request of the
vehicle owner, a $10 surcharge shall be collected in addition
to the above fees for vehicles in the 12,000 lbs. and less flat
weight plate categories as described in subsection (a) to be
deposited into the Secretary of State Special License Plate

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Fund. The $10 surcharge is to identify vehicles in the 12,000
lbs. and less flat weight plate categories as a covered farm
vehicle. The $10 surcharge is an annual, flat fee that shall be
based on an applicant's new or existing registration year for
each vehicle in the 12,000 lbs. and less flat weight plate
categories. A designation as a covered farm vehicle under this
subsection (a-5) shall not alter a vehicle's registration as a
registration in the 12,000 lbs. or less flat weight category.
The Secretary shall adopt any rules necessary to implement this
subsection (a-5).
(b) Except as provided in Section 3-806.3, every camping
trailer, motor home, mini motor home, travel trailer, truck
camper or van camper used primarily for recreational purposes,
and not used commercially, nor for hire, nor owned by a
commercial business, may be registered for each registration
year upon the filing of a proper application and the payment of
a registration fee and highway use tax, according to the
following table of fees:
MOTOR HOME, MINI MOTOR HOME, TRUCK CAMPER OR VAN CAMPER
Gross Weight in Lbs. Total Fees
Including Vehicle and Each
Maximum Load Calendar Year
8,000 lbs and less $78
8,001 Lbs. to 10,000 Lbs 90
10,001 Lbs. and Over 102
CAMPING TRAILER OR TRAVEL TRAILER

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Gross Weight in Lbs. Total Fees
Including Vehicle and Each
Maximum Load Calendar Year
3,000 Lbs. and Less $18
3,001 Lbs. to 8,000 Lbs. 30
8,001 Lbs. to 10,000 Lbs. 38
10,001 Lbs. and Over 50
Every house trailer must be registered under Section 3-819.
(c) Farm Truck. Any truck used exclusively for the owner's
own agricultural, horticultural or livestock raising
operations and not-for-hire only, or any truck used only in the
transportation for-hire of seasonal, fresh, perishable fruit
or vegetables from farm to the point of first processing, may
be registered by the owner under this paragraph in lieu of
registration under paragraph (a), upon filing of a proper
application and the payment of the $10 registration fee and the
highway use tax herein specified as follows:
SCHEDULE OF FEES AND TAXES
Gross Weight in Lbs. Total Amount for
Including Truck and each
Maximum Load Class Fiscal Year
16,000 lbs. or less VF $150
16,001 to 20,000 lbs. VG 226
20,001 to 24,000 lbs. VH 290
24,001 to 28,000 lbs. VJ 378
28,001 to 32,000 lbs. VK 506

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32,001 to 36,000 lbs. VL 610
36,001 to 45,000 lbs. VP 810
45,001 to 54,999 lbs. VR 1,026
55,000 to 64,000 lbs. VT 1,202
64,001 to 73,280 lbs. VV 1,290
73,281 to 77,000 lbs. VX 1,350
77,001 to 80,000 lbs. VZ 1,490
In the event the Secretary of State revokes a farm truck
registration as authorized by law, the owner shall pay the flat
weight tax due hereunder before operating such truck.
Any combination of vehicles having 5 axles, with a distance
of 42 feet or less between extreme axles, that are subject to
the weight limitations in subsection (a) of Section 15-111 for
which the owner of the combination of vehicles has elected to
pay, in addition to the registration fee in subsection (c),
$125 to the Secretary of State for each registration year shall
be designated by the Secretary as a Special Hauling Vehicle.
(d) The number of axles necessary to carry the maximum load
provided shall be determined from Chapter 15 of this Code.
(e) An owner may only apply for and receive 5 farm truck
registrations, and only 2 of those 5 vehicles shall exceed
59,500 gross weight in pounds per vehicle.
(f) Every person convicted of violating this Section by
failure to pay the appropriate flat weight tax to the Secretary
of State as set forth in the above tables shall be punished as
provided for in Section 3-401.

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(Source: P.A. 97-201, eff. 1-1-12; 97-811, eff. 7-13-12;
97-1136, eff. 1-1-13; 98-463, eff. 8-16-13.)
(625 ILCS 5/18b-101) (from Ch. 95 1/2, par. 18b-101)
Sec. 18b-101. Definitions. Unless the context otherwise
clearly requires, as used in this Chapter:
"Agricultural commodities" means any agricultural
commodity, non-processed food, feed, fiber, or livestock,
including insects.
"Agricultural operations" means the operation of a motor
vehicle or combination of vehicles transporting agricultural
commodities or farm supplies for agricultural purposes.
"Air mile" means a nautical mile, which is equivalent to
6,076 feet or 1,852 meters. Accordingly, 100 air miles are
equivalent to 115.08 statute miles or 185.2 kilometers.
"Commercial motor vehicle" means any self propelled or
towed vehicle used on public highways in interstate and
intrastate commerce to transport passengers or property when
the vehicle has a gross vehicle weight, a gross vehicle weight
rating, a gross combination weight, or a gross combination
weight rating of 10,001 or more pounds; or the vehicle is used
or designed to transport more than 15 passengers, including the
driver; or the vehicle is designed to carry 15 or fewer
passengers and is operated by a contract carrier transporting
employees in the course of their employment on a highway of
this State; or the vehicle is used or designed to transport

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between 9 and 15 passengers, including the driver, for direct
compensation; or the vehicle is used in the transportation of
hazardous materials in a quantity requiring placarding under
the Illinois Hazardous Materials Transportation Act. This
definition shall not include farm machinery, fertilizer
spreaders, and other special agricultural movement equipment
described in Section 3-809 nor implements of husbandry as
defined in Section 1-130. ;
"Covered farm vehicle", for purposes of this Chapter and
rule-making under this Chapter, means a straight truck or
articulated vehicle, excluding vehicles transporting hazardous
materials of a type or quantity that requires the vehicle to be
placarded in accordance with the Illinois Hazardous Materials
Transportation Act, registered in this State or another state
and equipped with a special license plate or other designation
by the state in which the vehicle is registered identifying the
vehicle as a covered farm vehicle for law enforcement personnel
and:
(1) is operated by a farm or ranch owner or operator,
or an employee or family member of the farm or ranch owner
or operator; and
(2) is being used to transport the following to or from
a farm or ranch:
(A) agricultural commodities;
(B) livestock; or
(C) machinery or supplies; and

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(3) if registered in this State, is:
(A) registered as a farm truck under subsection (c)
of Section 3-815 of this Code; or
(B) operated in combination as an articulated
vehicle when the truck in the combination is registered
for 12,000 lbs. or less as a covered farm vehicle under
subsections (a) and (a-5) of Section 3-815 of this Code
or subsection (a) of Section 3-818 of this Code and
contains in the cab of the motor vehicle a registration
designating the vehicle as a covered farm vehicle under
subsection (a) of Section 3-815 of this Code and the
trailer in the combination is registered as a farm
trailer under subsection (a) of Section 3-819 of this
Code and displays a farm registration license plate; or
(C) a truck registered for 12,000 lbs. or less as a
covered farm vehicle under subsections (a) and (a-5) of
Section 3-815 of this Code or subsection (a) of Section
3-818 of this Code containing in the cab of the motor
vehicle a registration designating the vehicle as a
covered farm vehicle under subsection (a) of Section
3-815 of this Code that is towing an implement of
husbandry as part of a farming operation; and
(4) is not used in for-hire motor carrier operations;
except that this paragraph (4) does not apply to the
transport of a landlord's portion of crops by a tenant
under a crop share farm lease agreement; and

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(5) has a gross vehicle weight rating (GVWR), a gross
combination weight rating (GCWR), or a gross vehicle weight
or gross vehicle combination weight, whichever is greater,
that is:
(A) 26,001 lbs. or less, for vehicles operating in
interstate commerce; or
(B) greater than 26,001 lbs., operating in
interstate commerce and registered in this State; or
(C) greater than 26,001 lbs. and traveling
interstate within 150 air miles of the farm or ranch
for which the vehicle is being operated, regardless of
whether it is registered in this State; or
(D) greater than 10,000 lbs. and traveling
intrastate.
"Direct compensation" means payment made to the motor
carrier by the passengers or a person acting on behalf of the
passengers for the transportation services provided, and not
included in a total package charge or other assessment for
highway transportation services. ;
"Farm supplies for agricultural purposes" means products
directly related to the growing or harvesting of agricultural
commodities and livestock feed at any time of the year. ;
"Livestock" means cattle, sheep, goats, swine, poultry
(including egg-producing poultry), fish used for food, and
other animals designated by the Secretary of the United States
Department of Transportation (at his or her sole discretion)

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that are part of a foundation herd (including producing dairy
cattle) or offspring. ;
"Officer" means Illinois State Police Officer. ;
"Person" means any natural person or individual,
governmental body, firm, association, partnership,
copartnership, joint venture, company, corporation, joint
stock company, trust, estate or any other legal entity or their
legal representative, agent or assigns.
(Source: P.A. 97-795, eff. 1-1-13.)
Section 99. Effective date. This Act takes effect upon
becoming law.".