HB5441 98TH GENERAL ASSEMBLY

LRB098 18528 MGM 53665 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5441

Introduced , by Rep. Elaine Nekritz

SYNOPSIS AS INTRODUCED:

20 ILCS 3305/25 new
30 ILCS 105/5.855 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 advice 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 2014 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.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

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 advice 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 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 5.855 as follows:

(30 ILCS 105/5.855 new)

Sec. 5.855. The Homeland Security Preparedness Fund.

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:

Beginning with the 2010 registration year a $1 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 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.

Beginning with the 2014 registration year, a $2 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 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 2014 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.)

(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

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 2014 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 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.

(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

CAMPING TRAILER OR TRAVEL TRAILER

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

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.)