Bill Text: IL HB5647 | 2015-2016 | 99th General Assembly | Introduced

---

Bill Title: Amends the Illinois Emergency Management Agency Act. Provides that the Illinois Emergency Management Agency shall establish guidelines by rule for the expenditure of the funds in the Homeland Security Preparedness Fund with input provided by a statewide interagency organization and public safety multidisciplinary organizations established to advise the Director of the Illinois Emergency Management Agency regarding public safety preparedness. Provides that the Illinois Emergency Management Agency shall spend the moneys in the fund to enhance State and local homeland security preparedness, all risk disaster response readiness, and statewide public safety mutual aid. Amends the State Finance Act to create the Homeland Security Preparedness Fund. Amends the Illinois Vehicle Code. Provides that, beginning with the 2015 registration year, a $3 surcharge shall be collected in addition to other registration fees for motor vehicles of the first division, motorcycles, motor driven cycles, pedalcycles, and vehicles registered in the 8,000 lb. and less flat weight plate category to be deposited into the Homeland Security Preparedness Fund for the Illinois Emergency Management Agency to use as directed under the Illinois Emergency Management Agency Act. Provides that this surcharge shall not apply to registration of vehicles by units of local, State, or federal government and other specified organizations.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Introduced - Dead) 2016-03-03 - Added Chief Co-Sponsor Rep. Robert W. Pritchard [HB5647 Detail]

Download: Illinois-2015-HB5647-Introduced.html

---

99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB5647 Introduced , by Rep. Elaine Nekritz - Donald L. Moffitt SYNOPSIS AS INTRODUCED:
20 ILCS 3305/25 new
30 ILCS 105/5.875 new
625 ILCS 5/3-806 from Ch. 95 1/2, par. 3-806
625 ILCS 5/3-815 from Ch. 95 1/2, par. 3-815
Amends the Illinois Emergency Management Agency Act. Provides that the Illinois Emergency Management Agency shall establish guidelines by rule for the expenditure of the funds in the Homeland Security Preparedness Fund with input provided by a statewide interagency organization and public safety multidisciplinary organizations established to advise the Director of the Illinois Emergency Management Agency regarding public safety preparedness. Provides that the Illinois Emergency Management Agency shall spend the moneys in the fund to enhance State and local homeland security preparedness, all risk disaster response readiness, and statewide public safety mutual aid. Amends the State Finance Act to create the Homeland Security Preparedness Fund. Amends the Illinois Vehicle Code. Provides that, beginning with the 2015 registration year, a $3 surcharge shall be collected in addition to other registration fees for motor vehicles of the first division, motorcycles, motor driven cycles, pedalcycles, and vehicles registered in the 8,000 lb. and less flat weight plate category to be deposited into the Homeland Security Preparedness Fund for the Illinois Emergency Management Agency to use as directed under the Illinois Emergency Management Agency Act. Provides that this surcharge shall not apply to registration of vehicles by units of local, State, or federal government and other specified organizations.
LRB099 17762 AXK 42124 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
HB5647 LRB099 17762 AXK 42124 b
AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Emergency Management Agency Act is
amended by adding Section 25 as follows:
(20 ILCS 3305/25 new)
Sec. 25. Homeland security preparedness.
(a) There is hereby created the Homeland Security
Preparedness Fund as a special fund in the State treasury.
(b) The Illinois Emergency Management Agency shall
establish guidelines by rule for the expenditure of the funds
in the Homeland Security Preparedness Fund with input provided
by a statewide interagency organization and public safety
multidisciplinary organizations established to advise the
Director of the Illinois Emergency Management Agency regarding
public safety preparedness.
(c) Following the guidelines established under subsection
(b) of this Section, the Illinois Emergency Management Agency
shall spend the moneys in the fund to enhance State and local
homeland security preparedness, all risk disaster response
readiness, and statewide public safety mutual aid.
(d) The use of all funds shall be limited to statewide
mutual aid based systems, interoperable communications systems

HB5647 - 2 - LRB099 17762 AXK 42124 b
and networks, initiatives and programs designed for statewide
emergency incident planning, prevention, and response.
(e) Funds shall be distributed among the programs as
follows:
(1) for statewide law enforcement mutual aid: 33%;
(2) for fire protection mutual aid: 33%; and
(3) for other statewide preparedness projects,
programs, and efforts as determined by the Illinois
Emergency Management Agency: 34%.
The statewide preparedness projects, programs, and efforts
under paragraph (3) of subsection (e) include, but are not
limited to, state preparedness systems concerning terrorism
intelligence, protection and preventive programs, and
statewide public safety training programs, funds spent for Cook
county and the city of Chicago, and local emergency management
agencies.
(f) Moneys in the Homeland Security Preparedness Fund shall
be transferred each month to the Illinois Emergency Management
Agency for redistribution to the appropriate organizations.
Section 10. The State Finance Act is amended by adding
Section 5.875 as follows:
(30 ILCS 105/5.875 new)
Sec. 5.875. The Homeland Security Preparedness Fund.

HB5647 - 3 - LRB099 17762 AXK 42124 b
Section 15. The Illinois Vehicle Code is amended by
changing Sections 3-806 and 3-815 as follows:
(625 ILCS 5/3-806) (from Ch. 95 1/2, par. 3-806)
Sec. 3-806. Registration Fees; Motor Vehicles of the First
Division. Every owner of any other motor vehicle of the first
division, except as provided in Sections 3-804, 3-804.01,
3-804.3, 3-805, 3-806.3, 3-806.7, and 3-808, and every second
division vehicle weighing 8,000 pounds or less, shall pay the
Secretary of State an annual registration fee at the following
rates:
SCHEDULE OF REGISTRATION FEES
REQUIRED BY LAW
Beginning with the 2010 registration year
Annual Fee
Motor vehicles of the first division other
than Autocycles, Motorcycles, Motor
Driven Cycles and Pedalcycles $98
Autocycles 68
Motorcycles, Motor Driven
Cycles and Pedalcycles 38
A $1 surcharge shall be collected in addition to the above
fees for motor vehicles of the first division, autocycles,

HB5647 - 4 - LRB099 17762 AXK 42124 b
motorcycles, motor driven cycles, and pedalcycles to be
deposited into the State Police Vehicle Fund.
All of the proceeds of the additional fees imposed by
Public Act 96-34 shall be deposited into the Capital Projects
Fund.
A $2 surcharge shall be collected in addition to the above
fees for motor vehicles of the first division, autocycles,
motorcycles, motor driven cycles, and pedalcycles 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.
Beginning with the 2015 registration year, a $3 surcharge
shall be collected in addition to the above fees for motor
vehicles of the first division, motorcycles, motor driven
cycles, and pedalcycles to be deposited into the Homeland
Security Preparedness Fund for the Illinois Emergency
Management Agency to use as directed under Section 25 of the
Illinois Emergency Management Agency Act. This surcharge shall
not apply to registration of vehicles by units of local, State,
or federal government and organizations based in this State
that meet the requirements of Title 26, Section 501 (c)(3) of
the United States Code.
(Source: P.A. 97-412, eff. 1-1-12; 97-811, eff. 7-13-12;
97-1136, eff. 1-1-13; 98-463, eff. 8-16-13; 98-777, eff.

HB5647 - 5 - LRB099 17762 AXK 42124 b
1-1-15.)
(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
REQUIRED BY LAW
Gross Weight in Lbs. Total Fees
Including Vehicle each Fiscal
and Maximum Load Class year
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

HB5647 - 6 - LRB099 17762 AXK 42124 b
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
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.
Beginning with the 2015 registration year, a $3 surcharge
shall be collected in addition to the above fees for vehicles
registered in the 8,000 lb. and less flat weight plate category

HB5647 - 7 - LRB099 17762 AXK 42124 b
as described in this subsection (a) to be deposited into the
Homeland Security Preparedness Fund for the Illinois Emergency
Management Agency to use as directed under Section 25 of the
Illinois Emergency Management Agency Act. This surcharge shall
not apply to registration of vehicles by units of local, State,
or federal government and organizations based in this State
that meet the requirements of Title 26, Section 501 (c)(3) of
the United States Code.
(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
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

HB5647 - 8 - LRB099 17762 AXK 42124 b
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
Gross Weight in Lbs. Total Fees
Including Vehicle and Each
Maximum Load Calendar Year

HB5647 - 9 - LRB099 17762 AXK 42124 b
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
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

HB5647 - 10 - LRB099 17762 AXK 42124 b
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.
(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; 98-882, eff.
8-13-14.)