Sen. Martin A. Sandoval

Filed: 5/30/2019

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 3233

2    AMENDMENT NO. ______. Amend House Bill 3233 by replacing
3everything after the enacting clause with the following:
 
4
"Article 1.

 
5    Section 1-1. Short title. This Article may be cited as the
6Illinois Works Jobs Program Act. References in this Article to
7"this Act" mean this Article.
 
8    Section 1-5. Findings. To ensure that all Illinois citizens
9have equal access to construction contracts and careers in the
10building trades, the Illinois Works Jobs Program seeks to align
11the economic interest of the industry with the public policy
12interest of the State by providing funding for community-based
13organizations to recruit and train a diverse workforce, require
14the employment of apprentices on public works projects to
15create new employment opportunities for the next generation of

 

 

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1tradesmen and tradeswomen, create an economic incentive for
2construction contractors to hire that prequalified workforce,
3and generate incentives for increasing disadvantaged,
4minority, women, and veteran-owned business contracting
5opportunities in the construction industry.
 
6    Section 1-10. Definitions. As used in this Act:
7    "Apprentice" means a participant in an apprenticeship and
8training program approved by and registered with the United
9States Department of Labor's Bureau of Apprenticeship and
10Training.
11    "Bid credit" means a virtual dollar in the Illinois Works
12Credit Bank for contractors and subcontractors to use toward
13future public works bids.
14    "Community-based organization" means a public or private
15nonprofit organization of demonstrated effectiveness that is
16representative of a community, or significant segments of a
17community, and provides educational or related services to
18individuals in the community.
19    "Contractor" means a person, corporation, partnership,
20limited liability company, or other joint venture entering into
21a contract with the State or any State agency to construct a
22public work.
23    "Department" means the Department of Commerce and Economic
24Opportunity.
25    "Public work" means a State-funded construction project

 

 

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1that constitutes a public works project under the Prevailing
2Wage Act.
3    "Subcontractor" means a person, corporation, partnership,
4limited liability company, or other joint venture that has
5contracted with the contractor to perform all or part of the
6work to construct a public work by a contractor.
 
7    Section 1-15. Illinois Works Jobs Program.
8    (a) There is created the Illinois Works Jobs Program,
9administered by the Department and subject to appropriation.
10The goal of the Illinois Works Jobs Program is to create a
11statewide network of community-based organizations that will
12recruit, prescreen, and provide preapprenticeship skills
13training to create a qualified, diverse pipeline of men and
14women who are prepared for a career in the construction
15industry. Upon completion of the Illinois Works Jobs Program
16training, the candidates will be skilled, work-ready, and
17prepared for a lifelong career in the building trades.
18    (b) There is created the Illinois Works Fund, a special
19fund in the State treasury, to be administered by the
20Department as described in subsection (c) and which may not
21interfere with any existing contracts or programs.
22    (c) The Illinois Works Fund shall be used to provide grant
23funding for community-based organizations throughout the State
24to recruit, prescreen, and provide preapprenticeship training
25to low-income and minority members of the workforce.

 

 

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1    (d) Through a request for proposals, the Department shall
2request a detailed description of the community-based
3organization's expertise in recruiting, prescreening, and
4providing preapprenticeship training to a low-income and
5minority workforce. Each response to a request for proposals
6shall include provisions for drug testing, education
7verification, and preparatory classes including workplace
8readiness skills such as resume preparation and interviewing
9techniques.
10    (e) The contracts between the successful community-based
11organizations and the State shall be executed by the Department
12and, subject to appropriation, paid with funds from the
13Illinois Works Fund. The Illinois Works Fund shall be funded by
14August 1 of each fiscal year, from the General Revenue Fund, in
15an amount not to exceed 0.5% of the funds collected in the
16previous fiscal year from the State tax on the sale of motor
17fuel.
18    (f) A community-based organization receiving funding from
19the Illinois Works Fund shall provide a one-time signing bonus,
20in an amount not to exceed $1,000, to each graduate of an
21Illinois Works Jobs Program within 30 days of the graduate's
22acceptance into an apprenticeship and training program
23approved by and registered with the United States Department of
24Labor's Bureau of Apprenticeship and Training.
25    (g) There is created the Illinois Works Task Force. The
26Illinois Works Task Force shall consist of the following

 

 

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1members:
2        (1) one member appointed by the Speaker of the House of
3    Representatives;
4        (2) one member appointed by the Minority Leader of the
5    House of Representatives;
6        (3) one member appointed by the President of the
7    Senate;
8        (4) one member appointed by the Minority Leader of the
9    Senate;
10        (5) the Director of the Department, or his or her
11    designee; and
12        (6) the following persons appointed by the Governor:
13            (A) one representative of a contractor
14        organization;
15            (B) one representative of a labor organization;
16        and
17            (C) one member of the public with expertise in
18        workforce development and recruitment processes of
19        community-based organizations.
20    (h) The members of the Illinois Works Task Force shall
21advise the Department on the drafting of requests for proposals
22to aid the Department in finding the most effective
23community-based organizations to partner with to recruit,
24prescreen, and provide preapprenticeship training to create a
25pipeline of a more diversified workforce in the construction
26trades. The Task Force shall also meet, at least quarterly, to

 

 

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1review and evaluate the programmatic effectiveness of the
2collaborative efforts of community-based organizations and
3industries to diversify the workforce.
4    (i) Community-based organizations that receive funding
5from the Illinois Works Fund shall provide an annual report to
6the Illinois Works Task Force by April 1 of each calendar year.
 
7    Section 1-20. Illinois Works Apprenticeship Initiative.
8    (a) Apprentices shall be utilized on all public works
9construction projects in accordance with this Section. The
10Department shall administer the Illinois Works Apprenticeship
11Initiative.
12        (1) All contractors and subcontractors constructing or
13    involved with the construction of public works shall ensure
14    that the lesser of 10% of the total labor hours actually
15    worked on the public work project or 10% of the estimated
16    labor hours are performed by apprentices.
17        (2) Contracts for public works shall include
18    provisions detailing the Illinois Works Apprenticeship
19    Initiative requirements.
20    (b) During the term of a construction contract subject to
21this Section, the Department may reduce or waive the apprentice
22labor hour goals upon determination that:
23        (1) the contractor or subcontractor has demonstrated
24    that it has utilized its best efforts to meet the
25    established percentage requirement but remains unable to

 

 

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1    fulfill the goal;
2        (2) the contractor or subcontractor has demonstrated
3    that insufficient apprentices are available to meet the
4    utilization goals;
5        (3) the reasonable and necessary requirements of the
6    contract render apprentice utilization infeasible at the
7    required levels;
8        (4) there exists a disproportionately high ratio of
9    material costs to labor hours that makes the required
10    minimum level of apprentice participation infeasible;
11        (5) apprentice labor hour goals are in conflict with
12    funding agreements in place, including federal aid
13    projects, in connection with the public work; or
14        (6) the reduction or waiver is warranted for reasons
15    deemed appropriate by the Department and not inconsistent
16    with the purpose and goals of this Section.
17    (c) No later than one year after the effective date of this
18Act, and by April 1 of every calendar year thereafter, the
19Department shall report to the Illinois Works Jobs Task Force
20the use of apprentices under the Illinois Works Apprentice
21Initiative for public work projects. The report shall include,
22to the extent available:
23        (1) The number of new apprentices indentured during the
24    reporting year as a result of the Illinois Works Apprentice
25    Initiative requirement, broken down by trade.
26        (2) The percentage of apprentices in training on public

 

 

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1    works projects who have graduated to journey level during
2    the reporting year.
 
3    Section 1-25. Illinois Works Credit Bank.
4    (a) To increase disadvantaged, minority, women, and
5veteran-owned business contracting opportunities, as well as
6diversify Illinois' construction trade workforce, there is
7created the Illinois Works Credit Bank. The Illinois Works
8Credit Bank, administered by the Department, shall provide
9economic incentives to encourage contractors and
10subcontractors to provide contracting and employment
11opportunities for historically underrepresented segments of
12the construction industry. Bid credits may be used toward
13future public work bids in order to lower the contractor's or
14subcontractor's bid amount and increase the chances of that
15contractor or subcontractor being deemed the lowest
16responsible bidder.
17    (b) The Department shall create a bid credit program that
18allows any construction contractor or subcontractor to earn bid
19credits on public work jobs, which may be used toward future
20public work bids, for hiring and retaining employees from
21minority populations, disadvantaged persons, and women.
22Contractors shall earn bid credits at a rate established by the
23Department and published on the agency's website. A contractor
24or subcontractor shall also be eligible for a one-time, $5,000
25bid credit when it hires an apprentice who has successfully

 

 

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1completed the Illinois Works Jobs Program and retains that
2person for not less than 160 hours. Each contractor or
3subcontractor seeking to receive the one-time hiring bid credit
4must provide the Department with documentation of the
5employee's successful completion of the Illinois Works Jobs
6Program, proof of employment, actual hours worked, and wages
7paid to the employee.
8    (c) The Department shall create a bid credit program to
9provide economic incentive to prime contractors for
10subcontracting to State-certified disadvantaged, minority,
11women, or veteran-owned businesses on public works
12construction jobs. "State-certified" includes certifications
13from the Illinois Unified Certification Program. Contractors
14shall earn bid credits at a rate established by the Department
15and published on the Department's website.
16    (d) Any contractor or subcontractor found to be reporting
17falsified records to the Department in order to fraudulently
18obtain bid credits shall be permanently barred from
19participating in the Illinois Works Credit Bank program. The
20Department may report such fraudulent activity to the Office of
21the Illinois Attorney General or applicable law enforcement
22authorities.
23    (e) The Department shall adopt any rules deemed necessary
24to implement the Illinois Works Credit Bank.
 
25
Article 5.

 

 

 

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1    Section 5-1. Short title. This Article may be cited as the
2Transportation Funding Protection Act. References in this
3Article to "this Act" mean this Article.
 
4    Section 5-10. Transportation funding.
5    (a) It is known that transportation funding is generated by
6several transportation fees outlined in Section 2 of the Motor
7Fuel Tax Act, Section 5-1035.1 of the Counties Code, Section
88-11-2.3 of the Illinois Municipal Code, and Sections 3-805,
93-806, 3-815, 3-818, 3-819, 3-821, and 6-118 of the Illinois
10Vehicle Code.
11    (b) The funds described in this Act and all other funds
12described in Section 11 of Article IX of the Illinois
13Constitution are dedicated to transportation purposes and
14shall not, by transfer, offset, or otherwise, be diverted by
15any local government, including, without limitation, any home
16rule unit of government, to any purpose other than
17transportation purposes. This Act is declarative of existing
18law.
 
19
Article 10.

 
20    Section 10-5. The Department of Transportation Law of the
21Civil Administrative Code of Illinois is amended by adding
22Sections 2705-203 and 2705-615 as follows:
 

 

 

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1    (20 ILCS 2705/2705-203 new)
2    Sec. 2705-203. Transportation asset management plan and
3performance-based programming.
4    (a) The General Assembly declares it to be in the public
5interest that a statewide transportation performance program
6and project prioritization process be developed and
7implemented: (1) to improve the efficiency and effectiveness of
8the State's transportation system, transportation safety,
9transportation accessibility for people and goods, and
10environmental quality; and (2) to promote inclusive economic
11growth throughout the State.
12    (b) The Department of Transportation shall establish and
13implement a statewide transportation performance program for
14all transportation facilities under its jurisdiction. The
15purposes of the statewide transportation performance program
16are to:
17        (1) establish a strategic approach that uses
18    transportation system information to make investment and
19    policy decisions to achieve statewide and regional
20    performance goals;
21        (2) ensure transportation investment decisions emerge
22    from an objective and quantifiable technical analysis;
23        (3) evaluate the need and financial support necessary
24    for maintaining, expanding, and modernizing existing
25    transportation infrastructure;

 

 

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1        (4) ensure that all State transportation funds
2    invested are directed to support progress toward the
3    achievement of performance targets established in asset
4    management plans and the State and regional performance
5    targets under the federal National Performance Management
6    Measures Program; and
7        (5) make investment decisions transparent and
8    accessible to the public.
9    (c) The Department shall develop a risk-based, statewide
10highway system asset management plan to preserve and improve
11the condition of highway and bridge assets and enhance the
12performance of the system. The asset management plan shall
13include, at a minimum, strategies leading to a program of
14projects that would make progress toward achievement of targets
15for asset condition and performance of the State highway
16system. The asset management plan shall be made publicly
17available on the Department's website.
18    (d) The Department shall develop a needs-based asset
19management plan for State-supported public transportation
20assets, including vehicles, facilities, equipment, and other
21infrastructure. The transit asset management plan shall
22include transit services using federal funding under 49 U.S.C.
235311, transit services having fewer than 100 vehicles operating
24in the peak hour in all fixed route modes, and transit services
25having fewer than 100 vehicles in one non-fixed route and that
26do not develop their own asset management plans. The goal of

 

 

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1the transit asset management plan is to preserve and modernize
2capital transit assets that will enhance the performance of the
3system. The transit asset management plan shall establish a
4strategic and systematic process to invest in operating,
5maintaining, and improving public transportation capital
6assets effectively through their entire life cycle. Federally
7required transit asset management plans developed by the
8Regional Transportation Authority (RTA) or service boards, as
9defined in Section 1.03 of the Regional Transportation
10Authority Act, shall become the transportation asset
11management plan for all public transportation assets owned and
12operated by the service boards. The Department's transit asset
13management plan shall be made publicly available on the
14Department's website. The RTA shall be responsible for making
15public transit asset management plans for its service area
16publicly available.
17    (e) The Department shall develop a performance-based
18project selection process to prioritize taxpayer investment in
19transportation assets that go above and beyond maintaining the
20existing system in a state of good repair and to evaluate
21projects that add capacity. The goal of the process is to
22select projects equitably through an evaluation process that
23assesses the costs and benefits of new investment. This process
24shall provide the flexibility to take into consideration the
25unique needs of communities across the State. The Department
26shall solicit input from localities, metropolitan planning

 

 

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1organizations, transit authorities, transportation
2authorities, representatives of labor and private businesses,
3and other stakeholders in its development of the prioritization
4process pursuant to this subsection.
5    The selection process shall include a defined, public means
6by which candidate projects shall be submitted, evaluated, and
7selected. The process shall include both a quantitative
8analysis of the evaluation factors and qualitative review by
9the Department. The Department may apply different weights to
10the performance measures based on regional geography or project
11type. Projects selected as part of the process shall be
12included in the State's multi-year transportation plan and the
13annual element of the multi-year plan. Starting April 1, 2021,
14no project shall be included in the multi-year transportation
15plan or annual element without being evaluated under the
16selection process described in this Section. The policies that
17guide the performance-based project selection process shall be
18derived from State and regional long-range transportation
19plans. The Department shall certify that it is making progress
20toward condition targets anticipated in its transportation
21asset management plan before programming projects using the
22process described in this subsection. All plan and program
23development based on the project selection process described in
24this subsection shall include consideration of regional
25equity. The selection process shall be based on an objective
26and quantifiable analysis that considers, at a minimum, the

 

 

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1following factors: (1) congestion mitigation or improved
2traffic operations, (2) economic development, (3) livability,
3(4) environmental impact, (5) accessibility, and (6) safety.
4    (f) The prioritization process developed under subsection
5(e) shall not apply to:
6        (1) projects funded by the Congestion Mitigation and
7    Air Quality Improvement funds apportioned to the State
8    pursuant to 23 U.S.C. 104(b)(4) and State matching funds;
9        (2) projects funded by the Highway Safety Improvement
10    Program funds apportioned to the State pursuant to 23
11    U.S.C. 104(b)(3) and State matching funds;
12        (3) projects funded by the Transportation Alternatives
13    funds set-aside pursuant to 23 U.S.C. 133(h) and State
14    matching funds;
15        (4) projects funded by the National Highway Freight
16    Program pursuant to 23 U.S.C. 167 and State matching funds;
17    and
18        (5) funds to be allocated to urban areas based on
19    population under federal law.
20    (g) A summary of the project evaluation process, measures,
21program, and scores for all candidate projects shall be
22published on the website of the Department in a timely manner.
 
23    (20 ILCS 2705/2705-615 new)
24    Sec. 2705-615. Supplemental funding; Illinois
25Transportation Enhancement Program.

 

 

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1    (a) In addition to any other funding that may be provided
2to the Illinois Transportation Enhancement Program from
3federal, State, or other sources, including, but not limited
4to, the Transportation Alternatives Set-Aside of the Surface
5Transportation Block Grant Program, the Department shall set
6aside $50,000,000 received by the Department from the Road Fund
7for the projects in the following categories: pedestrian and
8bicycle facilities and the conversion of abandoned railroad
9corridors to trails.
10    (b) Except as provided in subsection (c), funds set aside
11under subsection (a) shall be administered according to the
12requirements of the current Guidelines Manual published by the
13Department for the Illinois Transportation Enhancement
14Program, including, but not limited to, decision-making by the
15Department and the applicable Metropolitan Planning
16Organization and proportional fund distribution according to
17population size.
18    (c) For projects funded under this Section:
19        (1) Local matching funding shall be required according
20    to a sliding scale based on community size, median income,
21    and total property tax base.
22        (2) Phase I Studies and Phase I Engineering Reports are
23    not required to be completed before application is made.
24        (3) At least 25% of funding shall be directed toward
25    projects in high-need communities, based on community
26    median income and total property tax base.

 

 

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1    (d) The Department shall adopt rules necessary to implement
2this Section.
3    (e) The Department shall adhere to a 2-year funding cycle
4for the Illinois Transportation Enhancement Program with calls
5for projects at least every other year.
6    (f) The Department shall make all funded and unfunded
7Illinois Transportation Enhancement Program applications
8publicly available upon the completion of each funding cycle,
9including how each application scored on the program criteria.
 
10    Section 10-10. The State Finance Act is amended by adding
11Sections 5.891, 5.893, 5.894, and 6z-107 as follows:
 
12    (30 ILCS 105/5.891 new)
13    Sec. 5.891. The Illinois Works Fund.
 
14    (30 ILCS 105/5.893 new)
15    Sec. 5.893. The Municipal Motor Fuel Tax Fund.
 
16    (30 ILCS 105/5.894 new)
17    Sec. 5.894. The Transit Capital Projects Fund.
 
18    (30 ILCS 105/6z-107 new)
19    Sec. 6z-107. The Transit Capital Projects Fund.
20    (a) The Transit Capital Projects Fund is created as a
21special fund in the State treasury.

 

 

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1    (b) Beginning as soon as possible after the effective date
2of this amendatory Act of the 101st General Assembly and for
3each fiscal year thereafter, the Department of Transportation,
4subject to appropriation, shall make lump sum distributions
5from the Transit Capital Projects Fund to the recipients in the
6amounts specified in subsection (c). The recipients must use
7the moneys for capital projects or the payment of debt service
8on bonds issued for capital projects.
9    (c) Each year's distribution under subsection (b) shall be
10as follows: (1) 80% to the Regional Transportation Authority;
11and (2) the remainder of the money shall be transferred to the
12Downstate Transit Improvement Fund to make competitive capital
13grants for transit agencies in Illinois other than the Regional
14Transportation Authority.
 
15    Section 10-15. The Property Tax Code is amended by changing
16Section 15-60 as follows:
 
17    (35 ILCS 200/15-60)
18    Sec. 15-60. Taxing district property. All property
19belonging to any county or municipality used exclusively for
20the maintenance of the poor is exempt, as is all property owned
21by a taxing district that is being held for future expansion or
22development, except if leased by the taxing district to lessees
23for use for other than public purposes.
24    Also exempt are:

 

 

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1        (a) all swamp or overflowed lands belonging to any
2    county;
3        (b) all public buildings belonging to any county,
4    township, or municipality, with the ground on which the
5    buildings are erected;
6        (c) all property owned by any municipality located
7    within its incorporated limits. Any such property leased by
8    a municipality shall remain exempt, and the leasehold
9    interest of the lessee shall be assessed under Section
10    9-195 of this Act, (i) for a lease entered into on or after
11    January 1, 1994, unless the lease expressly provides that
12    this exemption shall not apply; (ii) for a lease entered
13    into on or after the effective date of Public Act 87-1280
14    and before January 1, 1994, unless the lease expressly
15    provides that this exemption shall not apply or unless
16    evidence other than the lease itself substantiates the
17    intent of the parties to the lease that this exemption
18    shall not apply; and (iii) for a lease entered into before
19    the effective date of Public Act 87-1280, if the terms of
20    the lease do not bind the lessee to pay the taxes on the
21    leased property or if, notwithstanding the terms of the
22    lease, the municipality has filed or hereafter files a
23    timely exemption petition or complaint with respect to
24    property consisting of or including the leased property for
25    an assessment year which includes part or all of the first
26    12 months of the lease period. The foregoing clause (iii)

 

 

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1    added by Public Act 87-1280 shall not operate to exempt
2    property for any assessment year as to which no timely
3    exemption petition or complaint has been filed by the
4    municipality or as to which an administrative or court
5    decision denying exemption has become final and
6    nonappealable. For each assessment year or portion thereof
7    that property is made exempt by operation of the foregoing
8    clause (iii), whether such year or portion is before or
9    after the effective date of Public Act 87-1280, the
10    leasehold interest of the lessee shall, if necessary, be
11    considered omitted property for purposes of this Act;
12        (c-5) Notwithstanding clause (i) of subsection (c), or
13    any other law to the contrary, for a municipality with a
14    population over 100,000, all property owned by the a
15    municipality, or property interests or rights held by the
16    municipality, regardless of whether such property,
17    interests, or rights are, in whole or in part, within or
18    without its corporate limits, with a population of over
19    500,000 that is used for toll road or toll bridge purposes
20    and that is leased or licensed for those purposes to
21    another entity whose property or property interests or
22    rights are is not exempt shall remain exempt, and any
23    leasehold interest in such the property, interests, or
24    rights shall not be subject to taxation under Section 9-195
25    of this Code Act;
26        (d) all property owned by any municipality located

 

 

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1    outside its incorporated limits but within the same county
2    when used as a tuberculosis sanitarium, farm colony in
3    connection with a house of correction, or nursery, garden,
4    or farm, or for the growing of shrubs, trees, flowers,
5    vegetables, and plants for use in beautifying,
6    maintaining, and operating playgrounds, parks, parkways,
7    public grounds, buildings, and institutions owned or
8    controlled by the municipality;
9        (e) all property owned by a township and operated as
10    senior citizen housing under Sections 35-50 through
11    35-50.6 of the Township Code; and
12        (f) all property owned by the Executive Board of the
13    Mutual Aid Box Alarm System (MABAS), a unit of
14    intergovernmental cooperation, that is used for the public
15    purpose of disaster preparedness and response for units of
16    local government and the State of Illinois pursuant to
17    Section 10 of Article VII of the Illinois Constitution and
18    the Intergovernmental Cooperation Act.
19    All property owned by any municipality outside of its
20corporate limits is exempt if used exclusively for municipal or
21public purposes.
22    For purposes of this Section, "municipality" means a
23municipality, as defined in Section 1-1-2 of the Illinois
24Municipal Code.
25(Source: P.A. 98-206, eff. 1-1-14.)
 

 

 

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1    Section 10-20. The Motor Fuel Tax Law is amended by
2changing Sections 2 and 8 and by adding Section 2e as follows:
 
3    (35 ILCS 505/2)  (from Ch. 120, par. 418)
4    Sec. 2. A tax is imposed on the privilege of operating
5motor vehicles upon the public highways and recreational-type
6watercraft upon the waters of this State.
7    (a) Prior to August 1, 1989, the tax is imposed at the rate
8of 13 cents per gallon on all motor fuel used in motor vehicles
9operating on the public highways and recreational type
10watercraft operating upon the waters of this State. Beginning
11on August 1, 1989 and until January 1, 1990, the rate of the
12tax imposed in this paragraph shall be 16 cents per gallon.
13Beginning January 1, 1990 and until July 1, 2019, the rate of
14tax imposed in this paragraph, including the tax on compressed
15natural gas, shall be 19 cents per gallon. Beginning on July 1,
162019 and until July 1, 2020, the rate of the tax imposed in
17this paragraph (a) shall be 38 cents per gallon.
18    By June 1, 2020 and by June 1 of each year thereafter, the
19Department shall determine an annual rate increase to take
20effect on July 1 of that calendar year and continue through
21June 30 of the next calendar year. Not later than June 1 of
22each year, the Department shall publish on the Department's
23website the rate that will take effect on July 1 of that
24calendar year. The rate shall be equal to the product of the
25rate in effect multiplied by the transportation fee index

 

 

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1factor determined under Section 2e. The rate shall be rounded
2to the nearest one-tenth of one cent. Each new rate may not
3exceed the rate in effect on June 30 of the previous year plus
4one cent.
5    (b) The tax on the privilege of operating motor vehicles
6which use diesel fuel, liquefied natural gas, or propane shall
7be the rate according to paragraph (a) plus an additional 4.5 2
81/2 cents per gallon. "Diesel fuel" is defined as any product
9intended for use or offered for sale as a fuel for engines in
10which the fuel is injected into the combustion chamber and
11ignited by pressure without electric spark.
12    (c) A tax is imposed upon the privilege of engaging in the
13business of selling motor fuel as a retailer or reseller on all
14motor fuel used in motor vehicles operating on the public
15highways and recreational type watercraft operating upon the
16waters of this State: (1) at the rate of 3 cents per gallon on
17motor fuel owned or possessed by such retailer or reseller at
1812:01 a.m. on August 1, 1989; and (2) at the rate of 3 cents per
19gallon on motor fuel owned or possessed by such retailer or
20reseller at 12:01 A.M. on January 1, 1990.
21    Retailers and resellers who are subject to this additional
22tax shall be required to inventory such motor fuel and pay this
23additional tax in a manner prescribed by the Department of
24Revenue.
25    The tax imposed in this paragraph (c) shall be in addition
26to all other taxes imposed by the State of Illinois or any unit

 

 

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1of local government in this State.
2    (d) Except as provided in Section 2a, the collection of a
3tax based on gallonage of gasoline used for the propulsion of
4any aircraft is prohibited on and after October 1, 1979.
5    (e) The collection of a tax, based on gallonage of all
6products commonly or commercially known or sold as 1-K
7kerosene, regardless of its classification or uses, is
8prohibited (i) on and after July 1, 1992 until December 31,
91999, except when the 1-K kerosene is either: (1) delivered
10into bulk storage facilities of a bulk user, or (2) delivered
11directly into the fuel supply tanks of motor vehicles and (ii)
12on and after January 1, 2000. Beginning on January 1, 2000, the
13collection of a tax, based on gallonage of all products
14commonly or commercially known or sold as 1-K kerosene,
15regardless of its classification or uses, is prohibited except
16when the 1-K kerosene is delivered directly into a storage tank
17that is located at a facility that has withdrawal facilities
18that are readily accessible to and are capable of dispensing
191-K kerosene into the fuel supply tanks of motor vehicles. For
20purposes of this subsection (e), a facility is considered to
21have withdrawal facilities that are not "readily accessible to
22and capable of dispensing 1-K kerosene into the fuel supply
23tanks of motor vehicles" only if the 1-K kerosene is delivered
24from: (i) a dispenser hose that is short enough so that it will
25not reach the fuel supply tank of a motor vehicle or (ii) a
26dispenser that is enclosed by a fence or other physical barrier

 

 

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1so that a vehicle cannot pull alongside the dispenser to permit
2fueling.
3    Any person who sells or uses 1-K kerosene for use in motor
4vehicles upon which the tax imposed by this Law has not been
5paid shall be liable for any tax due on the sales or use of 1-K
6kerosene.
7(Source: P.A. 100-9, eff. 7-1-17.)
 
8    (35 ILCS 505/2e new)
9    Sec. 2e. Transportation fee index factors.
10    (a) For purposes of this Section, "Consumer Price Index"
11means the Consumer Price Index for all Urban Consumers, U.S.
12city average, all items, using the index base period of
131982-1984 equal to 100, as published by the Bureau of Labor
14Statistics of the United States Department of Labor.
15    (b) The Department shall calculate an annual index factor
16to be used for the rate to take effect each July 1 beginning in
172020. The Department shall determine the index factor before
18May 1 of each year using the method described in subsection
19(c).
20    (c) The annual index factor to be used each year equals the
21following:
22        STEP ONE: Divide the annual Consumer Price Index for
23    the year preceding the determination year by the annual
24    Consumer Price Index for the year immediately preceding
25    that year.

 

 

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1        STEP TWO: Divide the annual Illinois Personal Income
2    for the year preceding the determination year by the annual
3    Illinois Personal Income for the year immediately
4    preceding that year.
5        STEP THREE: Add:
6            (1) the STEP ONE result; and
7            (2) the STEP TWO result.
8        STEP FOUR: Divide the STEP THREE result by 2.
 
9    (35 ILCS 505/8)  (from Ch. 120, par. 424)
10    Sec. 8. Except as provided in Section 8a, subdivision
11(h)(1) of Section 12a, Section 13a.6, and items 13, 14, 15, and
1216 of Section 15, all money received by the Department under
13this Act, including payments made to the Department by member
14jurisdictions participating in the International Fuel Tax
15Agreement, shall be deposited in a special fund in the State
16treasury, to be known as the "Motor Fuel Tax Fund", and shall
17be used as follows:
18    (a) 2 1/2 cents per gallon of the tax collected on special
19fuel under paragraph (b) of Section 2 and Section 13a of this
20Act shall be transferred to the State Construction Account Fund
21in the State Treasury;
22    (a-5) $16,250,000 shall be transferred each month to the
23Transit Capital Projects Fund to be used by transit agencies
24for the purposes specified in Section 6z-107 of the State
25Finance Act.

 

 

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1    (b) $420,000 shall be transferred each month to the State
2Boating Act Fund to be used by the Department of Natural
3Resources for the purposes specified in Article X of the Boat
4Registration and Safety Act;
5    (c) $3,500,000 shall be transferred each month to the Grade
6Crossing Protection Fund to be used as follows: not less than
7$12,000,000 each fiscal year shall be used for the construction
8or reconstruction of rail highway grade separation structures;
9$2,250,000 in fiscal years 2004 through 2009 and $3,000,000 in
10fiscal year 2010 and each fiscal year thereafter shall be
11transferred to the Transportation Regulatory Fund and shall be
12accounted for as part of the rail carrier portion of such funds
13and shall be used to pay the cost of administration of the
14Illinois Commerce Commission's railroad safety program in
15connection with its duties under subsection (3) of Section
1618c-7401 of the Illinois Vehicle Code, with the remainder to be
17used by the Department of Transportation upon order of the
18Illinois Commerce Commission, to pay that part of the cost
19apportioned by such Commission to the State to cover the
20interest of the public in the use of highways, roads, streets,
21or pedestrian walkways in the county highway system, township
22and district road system, or municipal street system as defined
23in the Illinois Highway Code, as the same may from time to time
24be amended, for separation of grades, for installation,
25construction or reconstruction of crossing protection or
26reconstruction, alteration, relocation including construction

 

 

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1or improvement of any existing highway necessary for access to
2property or improvement of any grade crossing and grade
3crossing surface including the necessary highway approaches
4thereto of any railroad across the highway or public road, or
5for the installation, construction, reconstruction, or
6maintenance of a pedestrian walkway over or under a railroad
7right-of-way, as provided for in and in accordance with Section
818c-7401 of the Illinois Vehicle Code. The Commission may order
9up to $2,000,000 per year in Grade Crossing Protection Fund
10moneys for the improvement of grade crossing surfaces and up to
11$300,000 per year for the maintenance and renewal of 4-quadrant
12gate vehicle detection systems located at non-high speed rail
13grade crossings. The Commission shall not order more than
14$2,000,000 per year in Grade Crossing Protection Fund moneys
15for pedestrian walkways. In entering orders for projects for
16which payments from the Grade Crossing Protection Fund will be
17made, the Commission shall account for expenditures authorized
18by the orders on a cash rather than an accrual basis. For
19purposes of this requirement an "accrual basis" assumes that
20the total cost of the project is expended in the fiscal year in
21which the order is entered, while a "cash basis" allocates the
22cost of the project among fiscal years as expenditures are
23actually made. To meet the requirements of this subsection, the
24Illinois Commerce Commission shall develop annual and 5-year
25project plans of rail crossing capital improvements that will
26be paid for with moneys from the Grade Crossing Protection

 

 

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1Fund. The annual project plan shall identify projects for the
2succeeding fiscal year and the 5-year project plan shall
3identify projects for the 5 directly succeeding fiscal years.
4The Commission shall submit the annual and 5-year project plans
5for this Fund to the Governor, the President of the Senate, the
6Senate Minority Leader, the Speaker of the House of
7Representatives, and the Minority Leader of the House of
8Representatives on the first Wednesday in April of each year;
9    (d) of the amount remaining after allocations provided for
10in subsections (a), (a-5), (b) and (c), a sufficient amount
11shall be reserved to pay all of the following:
12        (1) the costs of the Department of Revenue in
13    administering this Act;
14        (2) the costs of the Department of Transportation in
15    performing its duties imposed by the Illinois Highway Code
16    for supervising the use of motor fuel tax funds apportioned
17    to municipalities, counties and road districts;
18        (3) refunds provided for in Section 13, refunds for
19    overpayment of decal fees paid under Section 13a.4 of this
20    Act, and refunds provided for under the terms of the
21    International Fuel Tax Agreement referenced in Section
22    14a;
23        (4) from October 1, 1985 until June 30, 1994, the
24    administration of the Vehicle Emissions Inspection Law,
25    which amount shall be certified monthly by the
26    Environmental Protection Agency to the State Comptroller

 

 

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1    and shall promptly be transferred by the State Comptroller
2    and Treasurer from the Motor Fuel Tax Fund to the Vehicle
3    Inspection Fund, and for the period July 1, 1994 through
4    June 30, 2000, one-twelfth of $25,000,000 each month, for
5    the period July 1, 2000 through June 30, 2003, one-twelfth
6    of $30,000,000 each month, and $15,000,000 on July 1, 2003,
7    and $15,000,000 on January 1, 2004, and $15,000,000 on each
8    July 1 and October 1, or as soon thereafter as may be
9    practical, during the period July 1, 2004 through June 30,
10    2012, and $30,000,000 on June 1, 2013, or as soon
11    thereafter as may be practical, and $15,000,000 on July 1
12    and October 1, or as soon thereafter as may be practical,
13    during the period of July 1, 2013 through June 30, 2015,
14    for the administration of the Vehicle Emissions Inspection
15    Law of 2005, to be transferred by the State Comptroller and
16    Treasurer from the Motor Fuel Tax Fund into the Vehicle
17    Inspection Fund;
18        (5) amounts ordered paid by the Court of Claims; and
19        (6) payment of motor fuel use taxes due to member
20    jurisdictions under the terms of the International Fuel Tax
21    Agreement. The Department shall certify these amounts to
22    the Comptroller by the 15th day of each month; the
23    Comptroller shall cause orders to be drawn for such
24    amounts, and the Treasurer shall administer those amounts
25    on or before the last day of each month;
26    (e) after allocations for the purposes set forth in

 

 

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1subsections (a), (a-5), (b), (c) and (d), the remaining amount
2shall be apportioned as follows:
3        (1) Until January 1, 2000, 58.4%, and beginning January
4    1, 2000, 45.6% shall be deposited as follows:
5            (A) 37% into the State Construction Account Fund,
6        and
7            (B) 63% into the Road Fund, $1,250,000 of which
8        shall be reserved each month for the Department of
9        Transportation to be used in accordance with the
10        provisions of Sections 6-901 through 6-906 of the
11        Illinois Highway Code;
12        (2) Until January 1, 2000, 41.6%, and beginning January
13    1, 2000, 54.4% shall be transferred to the Department of
14    Transportation to be distributed as follows:
15            (A) 49.10% to the municipalities of the State,
16            (B) 16.74% to the counties of the State having
17        1,000,000 or more inhabitants,
18            (C) 18.27% to the counties of the State having less
19        than 1,000,000 inhabitants,
20            (D) 15.89% to the road districts of the State.
21    As soon as may be after the first day of each month the
22Department of Transportation shall allot to each municipality
23its share of the amount apportioned to the several
24municipalities which shall be in proportion to the population
25of such municipalities as determined by the last preceding
26municipal census if conducted by the Federal Government or

 

 

10100HB3233sam004- 32 -LRB101 11081 HEP 61478 a

1Federal census. If territory is annexed to any municipality
2subsequent to the time of the last preceding census the
3corporate authorities of such municipality may cause a census
4to be taken of such annexed territory and the population so
5ascertained for such territory shall be added to the population
6of the municipality as determined by the last preceding census
7for the purpose of determining the allotment for that
8municipality. If the population of any municipality was not
9determined by the last Federal census preceding any
10apportionment, the apportionment to such municipality shall be
11in accordance with any census taken by such municipality. Any
12municipal census used in accordance with this Section shall be
13certified to the Department of Transportation by the clerk of
14such municipality, and the accuracy thereof shall be subject to
15approval of the Department which may make such corrections as
16it ascertains to be necessary.
17    As soon as may be after the first day of each month the
18Department of Transportation shall allot to each county its
19share of the amount apportioned to the several counties of the
20State as herein provided. Each allotment to the several
21counties having less than 1,000,000 inhabitants shall be in
22proportion to the amount of motor vehicle license fees received
23from the residents of such counties, respectively, during the
24preceding calendar year. The Secretary of State shall, on or
25before April 15 of each year, transmit to the Department of
26Transportation a full and complete report showing the amount of

 

 

10100HB3233sam004- 33 -LRB101 11081 HEP 61478 a

1motor vehicle license fees received from the residents of each
2county, respectively, during the preceding calendar year. The
3Department of Transportation shall, each month, use for
4allotment purposes the last such report received from the
5Secretary of State.
6    As soon as may be after the first day of each month, the
7Department of Transportation shall allot to the several
8counties their share of the amount apportioned for the use of
9road districts. The allotment shall be apportioned among the
10several counties in the State in the proportion which the total
11mileage of township or district roads in the respective
12counties bears to the total mileage of all township and
13district roads in the State. Funds allotted to the respective
14counties for the use of road districts therein shall be
15allocated to the several road districts in the county in the
16proportion which the total mileage of such township or district
17roads in the respective road districts bears to the total
18mileage of all such township or district roads in the county.
19After July 1 of any year prior to 2011, no allocation shall be
20made for any road district unless it levied a tax for road and
21bridge purposes in an amount which will require the extension
22of such tax against the taxable property in any such road
23district at a rate of not less than either .08% of the value
24thereof, based upon the assessment for the year immediately
25prior to the year in which such tax was levied and as equalized
26by the Department of Revenue or, in DuPage County, an amount

 

 

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1equal to or greater than $12,000 per mile of road under the
2jurisdiction of the road district, whichever is less. Beginning
3July 1, 2011 and each July 1 thereafter, an allocation shall be
4made for any road district if it levied a tax for road and
5bridge purposes. In counties other than DuPage County, if the
6amount of the tax levy requires the extension of the tax
7against the taxable property in the road district at a rate
8that is less than 0.08% of the value thereof, based upon the
9assessment for the year immediately prior to the year in which
10the tax was levied and as equalized by the Department of
11Revenue, then the amount of the allocation for that road
12district shall be a percentage of the maximum allocation equal
13to the percentage obtained by dividing the rate extended by the
14district by 0.08%. In DuPage County, if the amount of the tax
15levy requires the extension of the tax against the taxable
16property in the road district at a rate that is less than the
17lesser of (i) 0.08% of the value of the taxable property in the
18road district, based upon the assessment for the year
19immediately prior to the year in which such tax was levied and
20as equalized by the Department of Revenue, or (ii) a rate that
21will yield an amount equal to $12,000 per mile of road under
22the jurisdiction of the road district, then the amount of the
23allocation for the road district shall be a percentage of the
24maximum allocation equal to the percentage obtained by dividing
25the rate extended by the district by the lesser of (i) 0.08% or
26(ii) the rate that will yield an amount equal to $12,000 per

 

 

10100HB3233sam004- 35 -LRB101 11081 HEP 61478 a

1mile of road under the jurisdiction of the road district.
2    Prior to 2011, if any road district has levied a special
3tax for road purposes pursuant to Sections 6-601, 6-602 and
46-603 of the Illinois Highway Code, and such tax was levied in
5an amount which would require extension at a rate of not less
6than .08% of the value of the taxable property thereof, as
7equalized or assessed by the Department of Revenue, or, in
8DuPage County, an amount equal to or greater than $12,000 per
9mile of road under the jurisdiction of the road district,
10whichever is less, such levy shall, however, be deemed a proper
11compliance with this Section and shall qualify such road
12district for an allotment under this Section. Beginning in 2011
13and thereafter, if any road district has levied a special tax
14for road purposes under Sections 6-601, 6-602, and 6-603 of the
15Illinois Highway Code, and the tax was levied in an amount that
16would require extension at a rate of not less than 0.08% of the
17value of the taxable property of that road district, as
18equalized or assessed by the Department of Revenue or, in
19DuPage County, an amount equal to or greater than $12,000 per
20mile of road under the jurisdiction of the road district,
21whichever is less, that levy shall be deemed a proper
22compliance with this Section and shall qualify such road
23district for a full, rather than proportionate, allotment under
24this Section. If the levy for the special tax is less than
250.08% of the value of the taxable property, or, in DuPage
26County if the levy for the special tax is less than the lesser

 

 

10100HB3233sam004- 36 -LRB101 11081 HEP 61478 a

1of (i) 0.08% or (ii) $12,000 per mile of road under the
2jurisdiction of the road district, and if the levy for the
3special tax is more than any other levy for road and bridge
4purposes, then the levy for the special tax qualifies the road
5district for a proportionate, rather than full, allotment under
6this Section. If the levy for the special tax is equal to or
7less than any other levy for road and bridge purposes, then any
8allotment under this Section shall be determined by the other
9levy for road and bridge purposes.
10    Prior to 2011, if a township has transferred to the road
11and bridge fund money which, when added to the amount of any
12tax levy of the road district would be the equivalent of a tax
13levy requiring extension at a rate of at least .08%, or, in
14DuPage County, an amount equal to or greater than $12,000 per
15mile of road under the jurisdiction of the road district,
16whichever is less, such transfer, together with any such tax
17levy, shall be deemed a proper compliance with this Section and
18shall qualify the road district for an allotment under this
19Section.
20    In counties in which a property tax extension limitation is
21imposed under the Property Tax Extension Limitation Law, road
22districts may retain their entitlement to a motor fuel tax
23allotment or, beginning in 2011, their entitlement to a full
24allotment if, at the time the property tax extension limitation
25was imposed, the road district was levying a road and bridge
26tax at a rate sufficient to entitle it to a motor fuel tax

 

 

10100HB3233sam004- 37 -LRB101 11081 HEP 61478 a

1allotment and continues to levy the maximum allowable amount
2after the imposition of the property tax extension limitation.
3Any road district may in all circumstances retain its
4entitlement to a motor fuel tax allotment or, beginning in
52011, its entitlement to a full allotment if it levied a road
6and bridge tax in an amount that will require the extension of
7the tax against the taxable property in the road district at a
8rate of not less than 0.08% of the assessed value of the
9property, based upon the assessment for the year immediately
10preceding the year in which the tax was levied and as equalized
11by the Department of Revenue or, in DuPage County, an amount
12equal to or greater than $12,000 per mile of road under the
13jurisdiction of the road district, whichever is less.
14    As used in this Section the term "road district" means any
15road district, including a county unit road district, provided
16for by the Illinois Highway Code; and the term "township or
17district road" means any road in the township and district road
18system as defined in the Illinois Highway Code. For the
19purposes of this Section, "township or district road" also
20includes such roads as are maintained by park districts, forest
21preserve districts and conservation districts. The Department
22of Transportation shall determine the mileage of all township
23and district roads for the purposes of making allotments and
24allocations of motor fuel tax funds for use in road districts.
25    Payment of motor fuel tax moneys to municipalities and
26counties shall be made as soon as possible after the allotment

 

 

10100HB3233sam004- 38 -LRB101 11081 HEP 61478 a

1is made. The treasurer of the municipality or county may invest
2these funds until their use is required and the interest earned
3by these investments shall be limited to the same uses as the
4principal funds.
5    Any municipality or county receiving motor fuel tax funds
6from the Department of Transportation pursuant to this Law may
7adopt specifications that differ from the Department of
8Transportation's specifications for the design and
9construction of hot mix asphalt projects that utilize motor
10fuel tax funds received by the municipality or county if all
11components of specifications adopted by the municipality or
12county for projects are based upon: (1) existing Department of
13Transportation specifications; (2) full standards promulgated
14by the American Society for Testing and Materials or the
15American Association of State Highway and Transportation
16Officials; (3) Federal Highway Administration Technical
17Briefs; (4) completed transportation pooled fund studies
18sponsored by either the Federal Highway Administration or a
19State Department of Transportation and administered by the
20Federal Highway Administration; or (5) completed National
21Cooperative Highway Research Program projects.
22(Source: P.A. 97-72, eff. 7-1-11; 97-333, eff. 8-12-11; 98-24,
23eff. 6-19-13; 98-674, eff. 6-30-14.)
 
24    Section 10-25. The Counties Code is amended by changing
25Section 5-1035.1 as follows:
 

 

 

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1    (55 ILCS 5/5-1035.1)  (from Ch. 34, par. 5-1035.1)
2    Sec. 5-1035.1. County Motor Fuel Tax Law.
3    (a) The county board of the counties of DuPage, Kane, Lake,
4Will, and McHenry may, by an ordinance or resolution adopted by
5an affirmative vote of a majority of the members elected or
6appointed to the county board, impose a tax upon all persons
7engaged in the county in the business of selling motor fuel, as
8now or hereafter defined in the Motor Fuel Tax Law, at retail
9for the operation of motor vehicles upon public highways or for
10the operation of recreational watercraft upon waterways. Kane
11County may exempt diesel fuel from the tax imposed pursuant to
12this Section. The initial tax rate may be imposed by the county
13board at a rate not lower than 4 cents per gallon , in half-cent
14increments, at a rate not exceeding 4 cents per gallon of motor
15fuel sold at retail within the county for the purpose of use or
16consumption and not for the purpose of resale, and not
17exceeding 8 cents per gallon of motor fuel sold at retail
18within the county for the purpose of use or consumption and not
19for the purpose of resale. The Department of Revenue shall
20calculate annual increases in the tax rate under this Section
21pursuant to subsection (a-5). The proceeds from the tax shall
22be used by the county solely for the purpose of operating,
23constructing and improving public highways and waterways, and
24acquiring real property and right-of-ways for public highways
25and waterways within the county imposing the tax.

 

 

10100HB3233sam004- 40 -LRB101 11081 HEP 61478 a

1    (a-5) By June 1, 2020 and by June 1 of each year
2thereafter, the Department shall determine an annual rate
3increase to take effect on July 1 of that calendar year and
4continue through June 30 of the next calendar year. Not later
5than June 1 of each year, the Department shall publish on the
6Department's website the rate that will take effect on July 1
7of that calendar year. The rate shall be equal to the product
8of the rate in effect multiplied by the transportation fee
9index factor determined under Section 2e of the Motor Fuel Tax
10Law. The rate shall be rounded to the nearest one-tenth of one
11cent. Each new rate may not exceed the rate in effect on June
1230 of the previous year plus one cent.
13    (b) A tax imposed pursuant to this Section, and all civil
14penalties that may be assessed as an incident thereof, shall be
15administered, collected and enforced by the Illinois
16Department of Revenue in the same manner as the tax imposed
17under the Retailers' Occupation Tax Act, as now or hereafter
18amended, insofar as may be practicable; except that in the
19event of a conflict with the provisions of this Section, this
20Section shall control. The Department of Revenue shall have
21full power: to administer and enforce this Section; to collect
22all taxes and penalties due hereunder; to dispose of taxes and
23penalties so collected in the manner hereinafter provided; and
24to determine all rights to credit memoranda arising on account
25of the erroneous payment of tax or penalty hereunder.
26    (c) Whenever the Department determines that a refund shall

 

 

10100HB3233sam004- 41 -LRB101 11081 HEP 61478 a

1be made under this Section to a claimant instead of issuing a
2credit memorandum, the Department shall notify the State
3Comptroller, who shall cause the order to be drawn for the
4amount specified, and to the person named, in the notification
5from the Department. The refund shall be paid by the State
6Treasurer out of the County Option Motor Fuel Tax Fund.
7    (d) The Department shall forthwith pay over to the State
8Treasurer, ex officio ex-officio, as trustee, all taxes and
9penalties collected hereunder, which shall be deposited into
10the County Option Motor Fuel Tax Fund, a special fund in the
11State Treasury which is hereby created. On or before the 25th
12day of each calendar month, the Department shall prepare and
13certify to the State Comptroller the disbursement of stated
14sums of money to named counties for which taxpayers have paid
15taxes or penalties hereunder to the Department during the
16second preceding calendar month. The amount to be paid to each
17county shall be the amount (not including credit memoranda)
18collected hereunder from retailers within the county during the
19second preceding calendar month by the Department, but not
20including an amount equal to the amount of refunds made during
21the second preceding calendar month by the Department on behalf
22of the county; less 2% of the balance, which sum shall be
23retained by the State Treasurer to cover the costs incurred by
24the Department in administering and enforcing the provisions of
25this Section. The Department, at the time of each monthly
26disbursement to the counties, shall prepare and certify to the

 

 

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1Comptroller the amount so retained by the State Treasurer,
2which shall be transferred into the Tax Compliance and
3Administration Fund.
4    (e) A county may direct, by ordinance, that all or a
5portion of the taxes and penalties collected under the County
6Option Motor Fuel Tax shall be deposited into the
7Transportation Development Partnership Trust Fund.
8    (f) Nothing in this Section shall be construed to authorize
9a county to impose a tax upon the privilege of engaging in any
10business which under the Constitution of the United States may
11not be made the subject of taxation by this State.
12    (g) An ordinance or resolution imposing a tax hereunder or
13effecting a change in the rate thereof shall be effective on
14the first day of the second calendar month next following the
15month in which the ordinance or resolution is adopted and a
16certified copy thereof is filed with the Department of Revenue,
17whereupon the Department of Revenue shall proceed to administer
18and enforce this Section on behalf of the county as of the
19effective date of the ordinance or resolution. Upon a change in
20rate of a tax levied hereunder, or upon the discontinuance of
21the tax, the county board of the county shall, on or not later
22than 5 days after the effective date of the ordinance or
23resolution discontinuing the tax or effecting a change in rate,
24transmit to the Department of Revenue a certified copy of the
25ordinance or resolution effecting the change or
26discontinuance.

 

 

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1    (h) This Section shall be known and may be cited as the
2County Motor Fuel Tax Law.
3(Source: P.A. 98-1049, eff. 8-25-14.)
 
4    Section 10-30. The Illinois Municipal Code is amended by
5changing Section 1-2-9.2 and by adding Section 8-11-2.3 as
6follows:
 
7    (65 ILCS 5/1-2-9.2)  (from Ch. 24, par. 1-2-9.2)
8    Sec. 1-2-9.2. Service of notice of violation of ordinance
9governing parking or standing of vehicles in cities with a
10population over 500,000. In cities with a population over
11500,000, the notice of violation of an ordinance governing the
12parking or standing of vehicles is the summons and complaint
13for purposes of the Code of Civil Procedure, as now or
14hereafter amended.
15    A police officer, parking enforcement aide, or other person
16authorized by ordinance to issue a notice of a vehicle parking
17or standing violation complaint may serve the summons and
18complaint for a vehicle parking or standing violation by any
19means permitted by subsection (b) of Section 11-208.3 of the
20Illinois Vehicle Code affixing the original or a facsimile
21thereof to an unlawfully parked or standing vehicle or by
22handing the notice to the operator of the vehicle if the
23operator is present.
24    This Section is not intended to change the law in effect

 

 

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1before the effective date of this amendatory Act of 1989, but
2is intended to clarify existing law. The service of a summons
3and complaint in accordance with this Section is legally
4sufficient regardless of whether service was made before, on,
5or after the effective date of this amendatory Act of 1989.
6(Source: P.A. 86-947.)
 
7    (65 ILCS 5/8-11-2.3 new)
8    Sec. 8-11-2.3. Motor fuel tax. Notwithstanding any other
9provision of law, in addition to any other tax that may be
10imposed, if a municipality adopts a responsible bid ordinance
11that is approved by the Department of Transportation, then the
12municipality may also impose, by ordinance, a tax on motor fuel
13at a rate not to exceed $0.03 per gallon. To be approved by the
14Department pursuant to this Section, a responsible bid
15ordinance must, at a minimum, require that bidders present
16satisfactory evidence of compliance with the following:
17        (1) The bidder must comply with all applicable laws
18    concerning the bidder's entitlement to conduct business in
19    Illinois.
20        (2) The bidder must comply with all applicable
21    provisions of the Prevailing Wage Act.
22        (3) The bidder must comply with Subchapter VI ("Equal
23    Employment Opportunities") of Chapter 21 of Title 42 of the
24    United States Code (42 U.S.C. 2000e and following) and with
25    Federal Executive Order No. 11246 as amended by Federal

 

 

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1    Executive Order No. 11375.
2        (4) The bidder must have a valid Federal Employer
3    Identification Number or, if an individual, a valid Social
4    Security Number.
5        (5) The bidder must have a valid certificate of
6    insurance showing the following coverages: general
7    liability, professional liability, product liability,
8    workers' compensation, completed operations, hazardous
9    occupation, and motor vehicles.
10        (6) The bidder and all bidder's subcontractors must
11    participate in applicable apprenticeship and training
12    programs approved by and registered with the United States
13    Department of Labor's Bureau of Apprenticeship and
14    Training.
15        (7) The bidder must certify that the bidder will
16    maintain an Illinois office as the primary place of
17    employment for persons employed in the construction
18    authorized by the contract.
19    Upon approval, the Department of Transportation shall
20certify the responsible bid ordinance to the Department of
21Revenue. The Department of Revenue shall administer and enforce
22the motor fuel tax on and after the first day of January next
23following the adoption of the motor fuel tax ordinance. The
24Department of Revenue shall adopt rules for the implementation
25and administration of the motor fuel tax.
26    A license that is issued to a distributor or a receiver

 

 

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1under the Motor Fuel Tax Law shall permit that distributor or
2receiver to act as a distributor or receiver, as applicable,
3under this Section. The provisions of Sections 2b, 2d, 6, 6a,
412, 12a, 13, 13a.2, 13a.7, 13a.8, 15.1, and 21 of the Motor
5Fuel Tax Law that are not inconsistent with this Section shall
6apply as far as practicable to the subject matter of this
7Section to the same extent as if those provisions were included
8in this Section.
9    The Department shall immediately pay over to the State
10Treasurer, ex officio, as trustee, all taxes and penalties
11collected under this Section. Those taxes and penalties shall
12be deposited into the Municipal Motor Fuel Tax Fund, a trust
13fund created in the State treasury. Moneys in the Municipal
14Motor Fuel Tax Fund shall be used to make payments to
15municipalities and for the payment of refunds under this
16Section. The amount to be paid to each municipality shall be
17the amount (not including credit memoranda) collected by the
18Department from the tax imposed by that municipality under this
19Section during the second preceding calendar month, plus an
20amount the Department determines is necessary to offset amounts
21that were erroneously paid to a different municipality, and not
22including an amount equal to the amount of refunds made during
23the second preceding calendar month by the Department on behalf
24of the municipality, and not including any amount that the
25Department determines is necessary to offset any amounts that
26were payable to a different municipality but were erroneously

 

 

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1paid to the municipality, less 1.5% of the remainder, which the
2Department shall transfer into the Tax Compliance and
3Administration Fund. The Department, at the time of each
4monthly disbursement, shall prepare and certify to the State
5Comptroller the amount to be transferred into the Tax
6Compliance and Administration Fund under this Section. Within
710 days after receipt by the Comptroller of the disbursement
8certification to the municipalities and the Tax Compliance and
9Administration Fund provided for in this Section to be given to
10the Comptroller by the Department, the Comptroller shall cause
11the orders to be drawn for the respective amounts in accordance
12with the directions contained in the certification.
 
13    Section 10-35. The Regional Transportation Authority Act
14is amended by changing Section 4.03 and by adding Section 2.39
15as follows:
 
16    (70 ILCS 3615/2.39 new)
17    Sec. 2.39. Prioritization process for Northeastern
18Illinois transit projects.
19    (a) The Authority shall develop a transparent
20prioritization process for Northeastern Illinois transit
21projects receiving State capital funding. The prioritization
22process must consider, at a minimum: (1) access to jobs, (2)
23reliability improvement, (3) capacity needs, (4) safety, (5)
24state of good repair, (6) equity, (7) economic development, and

 

 

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1(7) ridership demand. All State capital funding awards shall be
2made by the Regional Transportation Authority in accordance
3with the prioritization process. An appropriate public input
4process shall be established. The Authority shall make a report
5to the General Assembly each year describing its prioritization
6process and its use in funding awards.
7    (b) A summary of the project evaluation process, measures,
8program, and scores for all candidate projects shall be
9published on the website of the Authority in a timely manner.
10    (c) Starting April 1, 2021, no project shall be included in
11the 5-year capital program, amendments to that program, or any
12other capital program without being evaluated under the
13selection process described in this Section.
 
14    (70 ILCS 3615/4.03)  (from Ch. 111 2/3, par. 704.03)
15    Sec. 4.03. Taxes.
16    (a) In order to carry out any of the powers or purposes of
17the Authority, the Board may by ordinance adopted with the
18concurrence of 12 of the then Directors, impose throughout the
19metropolitan region any or all of the taxes provided in this
20Section. Except as otherwise provided in this Act, taxes
21imposed under this Section and civil penalties imposed incident
22thereto shall be collected and enforced by the State Department
23of Revenue. The Department shall have the power to administer
24and enforce the taxes and to determine all rights for refunds
25for erroneous payments of the taxes. Nothing in Public Act

 

 

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195-708 is intended to invalidate any taxes currently imposed by
2the Authority. The increased vote requirements to impose a tax
3shall only apply to actions taken after January 1, 2008 (the
4effective date of Public Act 95-708).
5    (b) The Board may impose a public transportation tax upon
6all persons engaged in the metropolitan region in the business
7of selling at retail motor fuel for operation of motor vehicles
8upon public highways. The tax shall be at a rate not to exceed
95% of the gross receipts from the sales of motor fuel in the
10course of the business. As used in this Act, the term "motor
11fuel" shall have the same meaning as in the Motor Fuel Tax Law.
12The Board may provide for details of the tax. The provisions of
13any tax shall conform, as closely as may be practicable, to the
14provisions of the Municipal Retailers Occupation Tax Act,
15including without limitation, conformity to penalties with
16respect to the tax imposed and as to the powers of the State
17Department of Revenue to promulgate and enforce rules and
18regulations relating to the administration and enforcement of
19the provisions of the tax imposed, except that reference in the
20Act to any municipality shall refer to the Authority and the
21tax shall be imposed only with regard to receipts from sales of
22motor fuel in the metropolitan region, at rates as limited by
23this Section.
24    (c) In connection with the tax imposed under paragraph (b)
25of this Section the Board may impose a tax upon the privilege
26of using in the metropolitan region motor fuel for the

 

 

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1operation of a motor vehicle upon public highways, the tax to
2be at a rate not in excess of the rate of tax imposed under
3paragraph (b) of this Section. The Board may provide for
4details of the tax.
5    (d) The Board may impose a motor vehicle parking tax upon
6the privilege of parking motor vehicles at off-street parking
7facilities in the metropolitan region at which a fee is
8charged, and may provide for reasonable classifications in and
9exemptions to the tax, for administration and enforcement
10thereof and for civil penalties and refunds thereunder and may
11provide criminal penalties thereunder, the maximum penalties
12not to exceed the maximum criminal penalties provided in the
13Retailers' Occupation Tax Act. The Authority may collect and
14enforce the tax itself or by contract with any unit of local
15government. The State Department of Revenue shall have no
16responsibility for the collection and enforcement unless the
17Department agrees with the Authority to undertake the
18collection and enforcement. As used in this paragraph, the term
19"parking facility" means a parking area or structure having
20parking spaces for more than 2 vehicles at which motor vehicles
21are permitted to park in return for an hourly, daily, or other
22periodic fee, whether publicly or privately owned, but does not
23include parking spaces on a public street, the use of which is
24regulated by parking meters.
25    (e) The Board may impose a Regional Transportation
26Authority Retailers' Occupation Tax upon all persons engaged in

 

 

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1the business of selling tangible personal property at retail in
2the metropolitan region. In Cook County, the tax rate shall be
31.25% of the gross receipts from sales of tangible personal
4property taxed at the 1% rate under the Retailers' Occupation
5Tax Act, and 1% of the gross receipts from other taxable sales
6made in the course of that business. In DuPage, Kane, Lake,
7McHenry, and Will counties Counties, the tax rate shall be
80.75% of the gross receipts from all taxable sales made in the
9course of that business. The tax imposed under this Section and
10all civil penalties that may be assessed as an incident thereof
11shall be collected and enforced by the State Department of
12Revenue. The Department shall have full power to administer and
13enforce this Section; to collect all taxes and penalties so
14collected in the manner hereinafter provided; and to determine
15all rights to credit memoranda arising on account of the
16erroneous payment of tax or penalty hereunder. In the
17administration of, and compliance with this Section, the
18Department and persons who are subject to this Section shall
19have the same rights, remedies, privileges, immunities, powers
20and duties, and be subject to the same conditions,
21restrictions, limitations, penalties, exclusions, exemptions
22and definitions of terms, and employ the same modes of
23procedure, as are prescribed in Sections 1, 1a, 1a-1, 1c, 1d,
241e, 1f, 1i, 1j, 2 through 2-65 (in respect to all provisions
25therein other than the State rate of tax), 2c, 3 (except as to
26the disposition of taxes and penalties collected), 4, 5, 5a,

 

 

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15b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d,
27, 8, 9, 10, 11, 12 and 13 of the Retailers' Occupation Tax Act
3and Section 3-7 of the Uniform Penalty and Interest Act, as
4fully as if those provisions were set forth herein.
5    Persons subject to any tax imposed under the authority
6granted in this Section may reimburse themselves for their
7seller's tax liability hereunder by separately stating the tax
8as an additional charge, which charge may be stated in
9combination in a single amount with State taxes that sellers
10are required to collect under the Use Tax Act, under any
11bracket schedules the Department may prescribe.
12    Whenever the Department determines that a refund should be
13made under this Section to a claimant instead of issuing a
14credit memorandum, the Department shall notify the State
15Comptroller, who shall cause the warrant to be drawn for the
16amount specified, and to the person named, in the notification
17from the Department. The refund shall be paid by the State
18Treasurer out of the Regional Transportation Authority tax fund
19established under paragraph (n) of this Section.
20    If a tax is imposed under this subsection (e), a tax shall
21also be imposed under subsections (f) and (g) of this Section.
22    For the purpose of determining whether a tax authorized
23under this Section is applicable, a retail sale by a producer
24of coal or other mineral mined in Illinois, is a sale at retail
25at the place where the coal or other mineral mined in Illinois
26is extracted from the earth. This paragraph does not apply to

 

 

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1coal or other mineral when it is delivered or shipped by the
2seller to the purchaser at a point outside Illinois so that the
3sale is exempt under the Federal Constitution as a sale in
4interstate or foreign commerce.
5    No tax shall be imposed or collected under this subsection
6on the sale of a motor vehicle in this State to a resident of
7another state if that motor vehicle will not be titled in this
8State.
9    Nothing in this Section shall be construed to authorize the
10Regional Transportation Authority to impose a tax upon the
11privilege of engaging in any business that under the
12Constitution of the United States may not be made the subject
13of taxation by this State.
14    (f) If a tax has been imposed under paragraph (e), a
15Regional Transportation Authority Service Occupation Tax shall
16also be imposed upon all persons engaged, in the metropolitan
17region in the business of making sales of service, who as an
18incident to making the sales of service, transfer tangible
19personal property within the metropolitan region, either in the
20form of tangible personal property or in the form of real
21estate as an incident to a sale of service. In Cook County, the
22tax rate shall be: (1) 1.25% of the serviceman's cost price of
23food prepared for immediate consumption and transferred
24incident to a sale of service subject to the service occupation
25tax by an entity licensed under the Hospital Licensing Act, the
26Nursing Home Care Act, the Specialized Mental Health

 

 

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1Rehabilitation Act of 2013, the ID/DD Community Care Act, or
2the MC/DD Act that is located in the metropolitan region; (2)
31.25% of the selling price of tangible personal property taxed
4at the 1% rate under the Service Occupation Tax Act; and (3) 1%
5of the selling price from other taxable sales of tangible
6personal property transferred. In DuPage, Kane, Lake, McHenry,
7and Will counties, Counties the rate shall be 0.75% of the
8selling price of all tangible personal property transferred.
9    The tax imposed under this paragraph and all civil
10penalties that may be assessed as an incident thereof shall be
11collected and enforced by the State Department of Revenue. The
12Department shall have full power to administer and enforce this
13paragraph; to collect all taxes and penalties due hereunder; to
14dispose of taxes and penalties collected in the manner
15hereinafter provided; and to determine all rights to credit
16memoranda arising on account of the erroneous payment of tax or
17penalty hereunder. In the administration of and compliance with
18this paragraph, the Department and persons who are subject to
19this paragraph shall have the same rights, remedies,
20privileges, immunities, powers and duties, and be subject to
21the same conditions, restrictions, limitations, penalties,
22exclusions, exemptions and definitions of terms, and employ the
23same modes of procedure, as are prescribed in Sections 1a-1, 2,
242a, 3 through 3-50 (in respect to all provisions therein other
25than the State rate of tax), 4 (except that the reference to
26the State shall be to the Authority), 5, 7, 8 (except that the

 

 

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1jurisdiction to which the tax shall be a debt to the extent
2indicated in that Section 8 shall be the Authority), 9 (except
3as to the disposition of taxes and penalties collected, and
4except that the returned merchandise credit for this tax may
5not be taken against any State tax), 10, 11, 12 (except the
6reference therein to Section 2b of the Retailers' Occupation
7Tax Act), 13 (except that any reference to the State shall mean
8the Authority), the first paragraph of Section 15, 16, 17, 18,
919 and 20 of the Service Occupation Tax Act and Section 3-7 of
10the Uniform Penalty and Interest Act, as fully as if those
11provisions were set forth herein.
12    Persons subject to any tax imposed under the authority
13granted in this paragraph may reimburse themselves for their
14serviceman's tax liability hereunder by separately stating the
15tax as an additional charge, that charge may be stated in
16combination in a single amount with State tax that servicemen
17are authorized to collect under the Service Use Tax Act, under
18any bracket schedules the Department may prescribe.
19    Whenever the Department determines that a refund should be
20made under this paragraph to a claimant instead of issuing a
21credit memorandum, the Department shall notify the State
22Comptroller, who shall cause the warrant to be drawn for the
23amount specified, and to the person named in the notification
24from the Department. The refund shall be paid by the State
25Treasurer out of the Regional Transportation Authority tax fund
26established under paragraph (n) of this Section.

 

 

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1    Nothing in this paragraph shall be construed to authorize
2the Authority to impose a tax upon the privilege of engaging in
3any business that under the Constitution of the United States
4may not be made the subject of taxation by the State.
5    (g) If a tax has been imposed under paragraph (e), a tax
6shall also be imposed upon the privilege of using in the
7metropolitan region, any item of tangible personal property
8that is purchased outside the metropolitan region at retail
9from a retailer, and that is titled or registered with an
10agency of this State's government. In Cook County, the tax rate
11shall be 1% of the selling price of the tangible personal
12property, as "selling price" is defined in the Use Tax Act. In
13DuPage, Kane, Lake, McHenry and Will counties, the tax rate
14shall be 0.75% of the selling price of the tangible personal
15property, as "selling price" is defined in the Use Tax Act. The
16tax shall be collected from persons whose Illinois address for
17titling or registration purposes is given as being in the
18metropolitan region. The tax shall be collected by the
19Department of Revenue for the Regional Transportation
20Authority. The tax must be paid to the State, or an exemption
21determination must be obtained from the Department of Revenue,
22before the title or certificate of registration for the
23property may be issued. The tax or proof of exemption may be
24transmitted to the Department by way of the State agency with
25which, or the State officer with whom, the tangible personal
26property must be titled or registered if the Department and the

 

 

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1State agency or State officer determine that this procedure
2will expedite the processing of applications for title or
3registration.
4    The Department shall have full power to administer and
5enforce this paragraph; to collect all taxes, penalties, and
6interest due hereunder; to dispose of taxes, penalties, and
7interest collected in the manner hereinafter provided; and to
8determine all rights to credit memoranda or refunds arising on
9account of the erroneous payment of tax, penalty, or interest
10hereunder. In the administration of and compliance with this
11paragraph, the Department and persons who are subject to this
12paragraph shall have the same rights, remedies, privileges,
13immunities, powers and duties, and be subject to the same
14conditions, restrictions, limitations, penalties, exclusions,
15exemptions and definitions of terms and employ the same modes
16of procedure, as are prescribed in Sections 2 (except the
17definition of "retailer maintaining a place of business in this
18State"), 3 through 3-80 (except provisions pertaining to the
19State rate of tax, and except provisions concerning collection
20or refunding of the tax by retailers), 4, 11, 12, 12a, 14, 15,
2119 (except the portions pertaining to claims by retailers and
22except the last paragraph concerning refunds), 20, 21 and 22 of
23the Use Tax Act, and are not inconsistent with this paragraph,
24as fully as if those provisions were set forth herein.
25    Whenever the Department determines that a refund should be
26made under this paragraph to a claimant instead of issuing a

 

 

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1credit memorandum, the Department shall notify the State
2Comptroller, who shall cause the order to be drawn for the
3amount specified, and to the person named in the notification
4from the Department. The refund shall be paid by the State
5Treasurer out of the Regional Transportation Authority tax fund
6established under paragraph (n) of this Section.
7    (h) The Authority may impose a replacement vehicle tax of
8$50 on any passenger car as defined in Section 1-157 of the
9Illinois Vehicle Code purchased within the metropolitan region
10by or on behalf of an insurance company to replace a passenger
11car of an insured person in settlement of a total loss claim.
12The tax imposed may not become effective before the first day
13of the month following the passage of the ordinance imposing
14the tax and receipt of a certified copy of the ordinance by the
15Department of Revenue. The Department of Revenue shall collect
16the tax for the Authority in accordance with Sections 3-2002
17and 3-2003 of the Illinois Vehicle Code.
18    The Department shall immediately pay over to the State
19Treasurer, ex officio, as trustee, all taxes collected
20hereunder.
21    As soon as possible after the first day of each month,
22beginning January 1, 2011, upon certification of the Department
23of Revenue, the Comptroller shall order transferred, and the
24Treasurer shall transfer, to the STAR Bonds Revenue Fund the
25local sales tax increment, as defined in the Innovation
26Development and Economy Act, collected under this Section

 

 

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1during the second preceding calendar month for sales within a
2STAR bond district.
3    After the monthly transfer to the STAR Bonds Revenue Fund,
4on or before the 25th day of each calendar month, the
5Department shall prepare and certify to the Comptroller the
6disbursement of stated sums of money to the Authority. The
7amount to be paid to the Authority shall be the amount
8collected hereunder during the second preceding calendar month
9by the Department, less any amount determined by the Department
10to be necessary for the payment of refunds, and less any
11amounts that are transferred to the STAR Bonds Revenue Fund.
12Within 10 days after receipt by the Comptroller of the
13disbursement certification to the Authority provided for in
14this Section to be given to the Comptroller by the Department,
15the Comptroller shall cause the orders to be drawn for that
16amount in accordance with the directions contained in the
17certification.
18    (i) The Board may not impose any other taxes except as it
19may from time to time be authorized by law to impose.
20    (j) A certificate of registration issued by the State
21Department of Revenue to a retailer under the Retailers'
22Occupation Tax Act or under the Service Occupation Tax Act
23shall permit the registrant to engage in a business that is
24taxed under the tax imposed under paragraphs (b), (e), (f) or
25(g) of this Section and no additional registration shall be
26required under the tax. A certificate issued under the Use Tax

 

 

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1Act or the Service Use Tax Act shall be applicable with regard
2to any tax imposed under paragraph (c) of this Section.
3    (k) The provisions of any tax imposed under paragraph (c)
4of this Section shall conform as closely as may be practicable
5to the provisions of the Use Tax Act, including without
6limitation conformity as to penalties with respect to the tax
7imposed and as to the powers of the State Department of Revenue
8to promulgate and enforce rules and regulations relating to the
9administration and enforcement of the provisions of the tax
10imposed. The taxes shall be imposed only on use within the
11metropolitan region and at rates as provided in the paragraph.
12    (l) The Board in imposing any tax as provided in paragraphs
13(b) and (c) of this Section, shall, after seeking the advice of
14the State Department of Revenue, provide means for retailers,
15users or purchasers of motor fuel for purposes other than those
16with regard to which the taxes may be imposed as provided in
17those paragraphs to receive refunds of taxes improperly paid,
18which provisions may be at variance with the refund provisions
19as applicable under the Municipal Retailers Occupation Tax Act.
20The State Department of Revenue may provide for certificates of
21registration for users or purchasers of motor fuel for purposes
22other than those with regard to which taxes may be imposed as
23provided in paragraphs (b) and (c) of this Section to
24facilitate the reporting and nontaxability of the exempt sales
25or uses.
26    (m) Any ordinance imposing or discontinuing any tax under

 

 

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1this Section shall be adopted and a certified copy thereof
2filed with the Department on or before June 1, whereupon the
3Department of Revenue shall proceed to administer and enforce
4this Section on behalf of the Regional Transportation Authority
5as of September 1 next following such adoption and filing.
6Beginning January 1, 1992, an ordinance or resolution imposing
7or discontinuing the tax hereunder shall be adopted and a
8certified copy thereof filed with the Department on or before
9the first day of July, whereupon the Department shall proceed
10to administer and enforce this Section as of the first day of
11October next following such adoption and filing. Beginning
12January 1, 1993, an ordinance or resolution imposing,
13increasing, decreasing, or discontinuing the tax hereunder
14shall be adopted and a certified copy thereof filed with the
15Department, whereupon the Department shall proceed to
16administer and enforce this Section as of the first day of the
17first month to occur not less than 60 days following such
18adoption and filing. Any ordinance or resolution of the
19Authority imposing a tax under this Section and in effect on
20August 1, 2007 shall remain in full force and effect and shall
21be administered by the Department of Revenue under the terms
22and conditions and rates of tax established by such ordinance
23or resolution until the Department begins administering and
24enforcing an increased tax under this Section as authorized by
25Public Act 95-708. The tax rates authorized by Public Act
2695-708 are effective only if imposed by ordinance of the

 

 

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1Authority.
2    (n) Except as otherwise provided in this subsection (n),
3the State Department of Revenue shall, upon collecting any
4taxes as provided in this Section, pay the taxes over to the
5State Treasurer as trustee for the Authority. The taxes shall
6be held in a trust fund outside the State Treasury. On or
7before the 25th day of each calendar month, the State
8Department of Revenue shall prepare and certify to the
9Comptroller of the State of Illinois and to the Authority (i)
10the amount of taxes collected in each county County other than
11Cook County in the metropolitan region, (ii) the amount of
12taxes collected within the City of Chicago, and (iii) the
13amount collected in that portion of Cook County outside of
14Chicago, each amount less the amount necessary for the payment
15of refunds to taxpayers located in those areas described in
16items (i), (ii), and (iii), and less 1.5% of the remainder,
17which shall be transferred from the trust fund into the Tax
18Compliance and Administration Fund. The Department, at the time
19of each monthly disbursement to the Authority, shall prepare
20and certify to the State Comptroller the amount to be
21transferred into the Tax Compliance and Administration Fund
22under this subsection. Within 10 days after receipt by the
23Comptroller of the certification of the amounts, the
24Comptroller shall cause an order to be drawn for the transfer
25of the amount certified into the Tax Compliance and
26Administration Fund and the payment of two-thirds of the

 

 

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1amounts certified in item (i) of this subsection to the
2Authority and one-third of the amounts certified in item (i) of
3this subsection to the respective counties other than Cook
4County and the amount certified in items (ii) and (iii) of this
5subsection to the Authority.
6    In addition to the disbursement required by the preceding
7paragraph, an allocation shall be made in July 1991 and each
8year thereafter to the Regional Transportation Authority. The
9allocation shall be made in an amount equal to the average
10monthly distribution during the preceding calendar year
11(excluding the 2 months of lowest receipts) and the allocation
12shall include the amount of average monthly distribution from
13the Regional Transportation Authority Occupation and Use Tax
14Replacement Fund. The distribution made in July 1992 and each
15year thereafter under this paragraph and the preceding
16paragraph shall be reduced by the amount allocated and
17disbursed under this paragraph in the preceding calendar year.
18The Department of Revenue shall prepare and certify to the
19Comptroller for disbursement the allocations made in
20accordance with this paragraph.
21    (o) Failure to adopt a budget ordinance or otherwise to
22comply with Section 4.01 of this Act or to adopt a Five-year
23Capital Program or otherwise to comply with paragraph (b) of
24Section 2.01 of this Act shall not affect the validity of any
25tax imposed by the Authority otherwise in conformity with law.
26    (p) (Blank). At no time shall a public transportation tax

 

 

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1or motor vehicle parking tax authorized under paragraphs (b),
2(c)and (d) of this Section be in effect at the same time as any
3retailers' occupation, use or service occupation tax
4authorized under paragraphs (e), (f) and (g) of this Section is
5in effect.
6    Any taxes imposed under the authority provided in
7paragraphs (b), (c) and (d) shall remain in effect only until
8the time as any tax authorized by paragraphs (e), (f) or (g) of
9this Section are imposed and becomes effective. Once any tax
10authorized by paragraphs (e), (f) or (g) is imposed the Board
11may not reimpose taxes as authorized in paragraphs (b), (c) and
12(d) of the Section unless any tax authorized by paragraphs (e),
13(f) or (g) of this Section becomes ineffective by means other
14than an ordinance of the Board.
15    (q) Any existing rights, remedies and obligations
16(including enforcement by the Regional Transportation
17Authority) arising under any tax imposed under paragraph
18paragraphs (b), (c), or (d) of this Section shall not be
19affected by the imposition of a tax under paragraph paragraphs
20(e), (f), or (g) of this Section.
21(Source: P.A. 99-180, eff. 7-29-15; 99-217, eff. 7-31-15;
2299-642, eff. 7-28-16; 100-23, eff. 7-6-17; 100-587, eff.
236-4-18; 100-1171, eff. 1-4-19; revised 1-11-19.)
 
24    Section 10-40. The Illinois Highway Code is amended by
25changing Sections 4-221 and 4-222 as follows:
 

 

 

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1    (605 ILCS 5/4-221)
2    Sec. 4-221. Mix designs. To the extent allowed by federal
3law, the Department specifications shall allow the use of
4recycled asphalt roofing shingles, including asphalt
5rejuvenating agents and binder performance grade modifiers, in
6mix designs used for the construction and maintenance of State
7highways. All asphalt roofing shingles used in Department
8projects shall be from recycling facilities that are approved
9by the Illinois Environmental Protection Agency and that are in
10compliance with the operational guidelines and
11asbestos-testing requirements set forth by the Agency under
12received from facilities authorized to process asphalt roofing
13shingles for recycling into asphalt pavement in accordance with
14(i) permits issued pursuant to Section 39 of the Environmental
15Protection Act or (ii) beneficial use determinations issued
16pursuant to Section 22.54 of the Environmental Protection Act.
17In creating the mix designs used for construction and
18maintenance of State highways, it shall be the goal of the
19Department, through its specifications, to maximize the
20percentage of recycled asphalt roofing shingles and binder
21replacement and to maximize the use of recycled aggregates and
22other lowest-cost constituents in the mix, including asphalt
23additive agents and binder performance grade modifiers, so long
24as there is no detrimental impact on life-cycle costs.
25(Source: P.A. 97-314, eff. 1-1-12.)
 

 

 

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1    (605 ILCS 5/4-222)
2    Sec. 4-222. Recycled asphalt roofing shingles; cost
3savings; prohibitions on use in asphalt paving.
4    (a) It shall be the goal of the Department, with regard to
5its asphalt paving projects and to the extent possible, to
6reduce the carbon footprint and reduce average costs by
7maximizing the percentage use of recycled materials or lowest
8cost alternative materials, including asphalt rejuvenating
9agents and binder performance grade modifiers, and extending
10the paving season so long as there is no detrimental impact on
11life-cycle costs. In furtherance of these goals, the Department
12shall provide to the Chairpersons of the Transportation
13Committee in each legislative chamber, within 60 days after the
14completion of each fiscal year, a written report of the
15activities initiated or abandoned in each district or region
16within the Department to meet those goals during the previous
17year. The report shall also include an analysis of the cost
18savings directly or indirectly attributed to those activities
19within each district or region. Upon review of the annual
20report, the Transportation Committees in each chamber may
21conduct hearings and provide recommendations to the Department
22regarding the performance of each district or region.
23    (b) No producer of asphalt pavement, operating pursuant to
24an air permit issued by the Illinois Environmental Protection
25Agency, shall use recycled asphalt roofing shingles in its

 

 

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1pavement product unless the shingles have been processed for
2recycling into asphalt pavement in accordance with (i) permits
3issued pursuant to Section 39 of the Environmental Protection
4Act or (ii) beneficial use determinations issued pursuant to
5Section 22.54 of the Environmental Protection Act. The
6prohibition in this subsection (b) shall apply in addition to
7any other rules, specifications, or other requirements adopted
8by the Department regarding the use of asphalt roofing shingles
9in pavement product.
10(Source: P.A. 97-314, eff. 1-1-12.)
 
11    Section 10-43. The Toll Highway Act is amended by changing
12Section 11 as follows:
 
13    (605 ILCS 10/11)  (from Ch. 121, par. 100-11)
14    Sec. 11. The Authority shall have power:
15    (a) To enter upon lands, waters and premises in the State
16for the purpose of making surveys, soundings, drillings and
17examinations as may be necessary, expedient or convenient for
18the purposes of this Act, and such entry shall not be deemed to
19be a trespass, nor shall an entry for such purpose be deemed an
20entry under any condemnation proceedings which may be then
21pending; provided, however, that the Authority shall make
22reimbursement for any actual damage resulting to such lands,
23waters and premises as the result of such activities.
24    (b) To construct, maintain and operate stations for the

 

 

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1collection of tolls or charges upon and along any toll
2highways.
3    (c) To provide for the collection of tolls and charges for
4the privilege of using the said toll highways. Before it adopts
5an increase in the rates for toll, the Authority shall hold a
6public hearing at which any person may appear, express
7opinions, suggestions, or objections, or direct inquiries
8relating to the proposed increase. Any person may submit a
9written statement to the Authority at the hearing, whether
10appearing in person or not. The hearing shall be held in the
11county in which the proposed increase of the rates is to take
12place. The Authority shall give notice of the hearing by
13advertisement on 3 successive days at least 15 days prior to
14the date of the hearing in a daily newspaper of general
15circulation within the county within which the hearing is held.
16The notice shall state the date, time, and place of the
17hearing, shall contain a description of the proposed increase,
18and shall specify how interested persons may obtain copies of
19any reports, resolutions, or certificates describing the basis
20on which the proposed change, alteration, or modification was
21calculated. After consideration of any statements filed or oral
22opinions, suggestions, objections, or inquiries made at the
23hearing, the Authority may proceed to adopt the proposed
24increase of the rates for toll. No change or alteration in or
25modification of the rates for toll shall be effective unless at
26least 30 days prior to the effective date of such rates notice

 

 

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1thereof shall be given to the public by publication in a
2newspaper of general circulation, and such notice, or notices,
3thereof shall be posted and publicly displayed at each and
4every toll station upon or along said toll highways.
5    (d) To construct, at the Authority's discretion, grade
6separations at intersections with any railroads, waterways,
7street railways, streets, thoroughfares, public roads or
8highways intersected by the said toll highways, and to change
9and adjust the lines and grades thereof so as to accommodate
10the same to the design of such grade separation and to
11construct interchange improvements. The Authority is
12authorized to provide such grade separations or interchange
13improvements at its own cost or to enter into contracts or
14agreements with reference to division of cost therefor with any
15municipality or political subdivision of the State of Illinois,
16or with the Federal Government, or any agency thereof, or with
17any corporation, individual, firm, person or association.
18Where such structures have been or will be built by the
19Authority, the local highway agency or municipality with
20jurisdiction shall enter into an agreement with the Authority
21for the ongoing maintenance of the structures..
22    (e) To contract with and grant concessions to or lease or
23license to any person, partnership, firm, association or
24corporation so desiring the use of any part of any toll
25highways, excluding the paved portion thereof, but including
26the right of way adjoining, under, or over said paved portion

 

 

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1for the placing of telephone, telegraph, electric, power lines
2and other utilities, and for the placing of pipe lines, and to
3enter into operating agreements with or to contract with and
4grant concessions to or to lease to any person, partnership,
5firm, association or corporation so desiring the use of any
6part of the toll highways, excluding the paved portion thereof,
7but including the right of way adjoining, or over said paved
8portion for motor fuel service stations and facilities,
9garages, stores and restaurants, or for any other lawful
10purpose, and to fix the terms, conditions, rents, rates and
11charges for such use.
12    By January 1, 2016, the Authority shall construct and
13maintain at least one electric vehicle charging station at any
14location where the Authority has entered into an agreement with
15any entity pursuant to this subsection (e) for the purposes of
16providing motor fuel service stations and facilities, garages,
17stores, or restaurants. The Authority shall charge a fee for
18the use of these charging stations to offset the costs of
19constructing and maintaining these charging stations. The
20Authority shall adopt rules to implement the erection, user
21fees, and maintenance of electric vehicle charging stations
22pursuant to this subsection (e).
23    The Authority shall also have power to establish reasonable
24regulations for the installation, construction, maintenance,
25repair, renewal, relocation and removal of pipes, mains,
26conduits, cables, wires, towers, poles and other equipment and

 

 

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1appliances (herein called public utilities) of any public
2utility as defined in the Public Utilities Act along, over or
3under any toll road project. Whenever the Authority shall
4determine that it is necessary that any such public utility
5facilities which now are located in, on, along, over or under
6any project or projects be relocated or removed entirely from
7any such project or projects, the public utility owning or
8operating such facilities shall relocate or remove the same in
9accordance with the order of the Authority. All costs and
10expenses of such relocation or removal, including the cost of
11installing such facilities in a new location or locations, and
12the cost of any land or lands, or interest in land, or any
13other rights required to accomplish such relocation or removal
14shall be ascertained and paid by the Authority as a part of the
15cost of any such project or projects, and further, there shall
16be no rent, fee or other charge of any kind imposed upon the
17public utility owning or operating any facilities ordered
18relocated on the properties of the said Authority and the said
19Authority shall grant to the said public utility owning or
20operating said facilities and its successors and assigns the
21right to operate the same in the new location or locations for
22as long a period and upon the same terms and conditions as it
23had the right to maintain and operate such facilities in their
24former location or locations.
25    (f) To enter into an intergovernmental agreement or
26contract with a unit of local government or other public or

 

 

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1private entity for the collection, enforcement, and
2administration of tolls, fees, revenue, and violations,
3including for a private bridge operator's collection,
4enforcement, and administration of tolls, violations, fees,
5fines, charges, and penalties in connection with a bridge
6authorized under the Toll Bridge Act.
7    The General Assembly finds that electronic toll collection
8systems in Illinois should be standardized to promote safety,
9efficiency, and traveler convenience. The Authority shall
10cooperate with other public and private entities to further the
11goal of standardized toll collection in Illinois and is
12authorized to provide toll collection and toll violation
13enforcement services to such entities when doing so is in the
14best interest of the Authority and consistent with its
15obligations under Section 23 of this Act.
16(Source: P.A. 100-71, eff. 1-1-18.)
 
17    Section 10-44. The Toll Bridge Act is amended by changing
18Section 7 as follows:
 
19    (605 ILCS 115/7)  (from Ch. 137, par. 7)
20    Sec. 7. The county board shall fix the rates of toll, and
21may from time to time, alter and change the same, including by
22establishing a toll rate schedule, setting a maximum toll rate
23that may be adjusted from time to time, or by establishing
24another toll rate structure, and in case of the neglect of the

 

 

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1owner of the bridge to keep the same in proper repair and safe
2for the crossing of persons and property, may prohibit the
3taking of toll. Except regarding toll bridges or as otherwise
4provided by law, nothing in this amendatory Act of the 101st
5General Assembly shall be construed to authorize a county,
6municipality, local government, or private operator to impose a
7toll upon any public road, street, or highway; nor shall any
8provision of this amendatory Act of the 101st General Assembly
9be construed to authorize, pursuant to an intergovernmental
10agreement or otherwise, the imposition of any toll upon any
11public road, street, or highway.
12    The General Assembly finds that electronic toll collection
13systems in Illinois should be standardized to promote safety,
14efficiency, and traveler convenience. If electronic toll
15collection is used on such bridge, the county shall cause the
16configuration of the electronic toll collection system to be
17compatible with the electronic toll collection system used by
18the Illinois State Toll Highway Authority. The municipality or
19private operator may enter into an intergovernmental agreement
20with the Illinois State Toll Highway Authority to provide for
21such compatibility or to have the Authority provide electronic
22toll collection or toll violation enforcement services. Any
23toll bridges in Winnebago County that are in operation and
24collecting tolls on the effective date of this amendatory Act
25of the 97th General Assembly are exempt from the provisions of
26the Act.

 

 

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1(Source: P.A. 97-252, eff. 8-4-11.)
 
2    Section 10-45. The Illinois Vehicle Code is amended by
3changing Sections 2-119, 3-805, 3-806, 3-815, 3-815.1, 3-818,
43-819, 3-821, 6-118, and 11-208.3 and by adding Section 3-704.3
5as follows:
 
6    (625 ILCS 5/2-119)  (from Ch. 95 1/2, par. 2-119)
7    Sec. 2-119. Disposition of fees and taxes.
8    (a) All moneys received from Salvage Certificates shall be
9deposited in the Common School Fund in the State Treasury.
10    (b) Of the money collected for each certificate of title,
11duplicate certificate of title, and corrected certificate of
12title:
13        (1) $2.60 shall be deposited in the Park and
14    Conservation Fund;
15        (2) $0.65 shall be deposited in the Illinois Fisheries
16    Management Fund;
17        (3) $108 $48 shall be disbursed under subsection (g) of
18    this Section;
19        (4) $4 shall be deposited into the Motor Vehicle
20    License Plate Fund; and
21        (5) $30 shall be deposited into the Capital Projects
22    Fund.
23    All remaining moneys collected for certificates of title,
24and all moneys collected for filing of security interests,

 

 

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1shall be deposited in the General Revenue Fund.
2    The $20 collected for each delinquent vehicle registration
3renewal fee shall be deposited into the General Revenue Fund.
4    The moneys deposited in the Park and Conservation Fund
5under this Section shall be used for the acquisition and
6development of bike paths as provided for in Section 805-420 of
7the Department of Natural Resources (Conservation) Law of the
8Civil Administrative Code of Illinois. The moneys deposited
9into the Park and Conservation Fund under this subsection shall
10not be subject to administrative charges or chargebacks, unless
11otherwise authorized by this Code.
12    If the balance in the Motor Vehicle License Plate Fund
13exceeds $40,000,000 on the last day of a calendar month, then
14during the next calendar month, the $4 that otherwise would be
15deposited in that fund shall instead be deposited into the Road
16Fund.
17    (c) All moneys collected for that portion of a driver's
18license fee designated for driver education under Section 6-118
19shall be placed in the Drivers Education Fund in the State
20Treasury.
21    (d) Of the moneys collected as a registration fee for each
22motorcycle, motor driven cycle, and moped, 27% shall be
23deposited in the Cycle Rider Safety Training Fund.
24    (e) (Blank).
25    (f) Of the total money collected for a commercial learner's
26permit (CLP) or original or renewal issuance of a commercial

 

 

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1driver's license (CDL) pursuant to the Uniform Commercial
2Driver's License Act (UCDLA): (i) $6 of the total fee for an
3original or renewal CDL, and $6 of the total CLP fee when such
4permit is issued to any person holding a valid Illinois
5driver's license, shall be paid into the CDLIS/AAMVAnet/NMVTIS
6Trust Fund (Commercial Driver's License Information
7System/American Association of Motor Vehicle Administrators
8network/National Motor Vehicle Title Information Service Trust
9Fund) and shall be used for the purposes provided in Section
106z-23 of the State Finance Act and (ii) $20 of the total fee
11for an original or renewal CDL or CLP shall be paid into the
12Motor Carrier Safety Inspection Fund, which is hereby created
13as a special fund in the State Treasury, to be used by the
14Department of State Police, subject to appropriation, to hire
15additional officers to conduct motor carrier safety
16inspections pursuant to Chapter 18b of this Code.
17    (g) Of the moneys received by the Secretary of State as
18registration fees or taxes, certificates of title, duplicate
19certificates of title, corrected certificates of title, or as
20payment of any other fee under this Code, when those moneys are
21not otherwise distributed by this Code, 37% shall be deposited
22into the State Construction Account Fund, and 63% shall be
23deposited in the Road Fund. Moneys in the Road Fund shall be
24used for the purposes provided in Section 8.3 of the State
25Finance Act.
26    (h) (Blank).

 

 

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1    (i) (Blank).
2    (j) (Blank).
3    (k) There is created in the State Treasury a special fund
4to be known as the Secretary of State Special License Plate
5Fund. Money deposited into the Fund shall, subject to
6appropriation, be used by the Office of the Secretary of State
7(i) to help defray plate manufacturing and plate processing
8costs for the issuance and, when applicable, renewal of any new
9or existing registration plates authorized under this Code and
10(ii) for grants made by the Secretary of State to benefit
11Illinois Veterans Home libraries.
12    (l) The Motor Vehicle Review Board Fund is created as a
13special fund in the State Treasury. Moneys deposited into the
14Fund under paragraph (7) of subsection (b) of Section 5-101 and
15Section 5-109 shall, subject to appropriation, be used by the
16Office of the Secretary of State to administer the Motor
17Vehicle Review Board, including without limitation payment of
18compensation and all necessary expenses incurred in
19administering the Motor Vehicle Review Board under the Motor
20Vehicle Franchise Act.
21    (m) Effective July 1, 1996, there is created in the State
22Treasury a special fund to be known as the Family
23Responsibility Fund. Moneys deposited into the Fund shall,
24subject to appropriation, be used by the Office of the
25Secretary of State for the purpose of enforcing the Family
26Financial Responsibility Law.

 

 

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1    (n) The Illinois Fire Fighters' Memorial Fund is created as
2a special fund in the State Treasury. Moneys deposited into the
3Fund shall, subject to appropriation, be used by the Office of
4the State Fire Marshal for construction of the Illinois Fire
5Fighters' Memorial to be located at the State Capitol grounds
6in Springfield, Illinois. Upon the completion of the Memorial,
7moneys in the Fund shall be used in accordance with Section
83-634.
9    (o) Of the money collected for each certificate of title
10for all-terrain vehicles and off-highway motorcycles, $17
11shall be deposited into the Off-Highway Vehicle Trails Fund.
12    (p) For audits conducted on or after July 1, 2003 pursuant
13to Section 2-124(d) of this Code, 50% of the money collected as
14audit fees shall be deposited into the General Revenue Fund.
15(Source: P.A. 98-176 (See Section 10 of P.A. 98-722 and Section
1610 of P.A. 99-414 for the effective date of changes made by
17P.A. 98-176); 98-177, eff. 1-1-14; 98-756, eff. 7-16-14;
1899-127, eff. 1-1-16; 99-933, eff. 1-27-17.)
 
19    (625 ILCS 5/3-704.3 new)
20    Sec. 3-704.3. Failure to satisfy fines or penalties for
21toll bridge violations; suspension of vehicle registration.
22    (a) Notwithstanding any law to the contrary, upon the
23Secretary's receipt of a report, as described in subsection
24(b), from a private tolling authority stating that the owner of
25a registered vehicle has failed to satisfy any fees, fines,

 

 

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1charges, or penalties resulting from a final invoice or notice
2by the private tolling authority relating directly or
3indirectly to 5 or more toll violations, the Secretary shall
4suspend the vehicle registration of the person in accordance
5with the procedures set forth in this Section.
6    (b) The report from the private tolling authority notifying
7the Secretary of unsatisfied fees, fines, charges, or penalties
8may be generated by the private tolling authority and received
9by the Secretary by automated process. The report shall contain
10the following:
11        (1) The name, last known address, and driver's license
12    number of the person who failed to satisfy the fees, fines,
13    charges, or penalties, and the registration number of any
14    vehicle known to be registered in this State to that
15    person.
16        (2) A statement that the private tolling authority sent
17    a notice of impending suspension of the person's vehicle
18    registration to the person named in the report at the
19    address recorded with the Secretary, the date on which the
20    notice was sent, and the address to which the notice was
21    sent.
22    (c) Following the Secretary's receipt of a report described
23in subsection (b), the Secretary shall notify the person whose
24name appears on the report that the person's vehicle
25registration will be suspended at the end of a specified period
26unless the Secretary is presented with a notice from the

 

 

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1private tolling authority stating that the fees, fines,
2charges, or penalties owed to the private tolling authority
3have been satisfied or that inclusion of that person's name on
4the report described in subsection (b) was in error. The
5Secretary's notice shall state in substance the information
6contained in the private tolling authority's report to the
7Secretary described in subsection (b), and shall be effective
8as specified by subsection (c) of Section 6-211.
9    (d) The private tolling authority, after making a report to
10the Secretary described in subsection (b), shall notify the
11Secretary, on a form prescribed by the Secretary or by
12automated process, whenever a person named in the report has
13satisfied the previously reported fees, fines, charges, or
14penalties or whenever the private tolling authority determines
15that the original report was in error. A copy of the
16notification shall also be given upon request and at no
17additional charge to the person named therein. Upon receipt of
18the private tolling authority's notification, the Secretary
19shall lift the suspension.
20    (e) The private tolling authority shall establish
21procedures for persons to challenge the accuracy of the report
22described in subsection (b). The procedures shall provide the
23grounds for a challenge, which may include:
24        (1) the person not having been the owner or lessee of
25    the vehicle or vehicles receiving 5 or more toll violations
26    on the date or dates the violations occurred; or

 

 

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1        (2) the person having already satisfied the fees,
2    fines, charges, or penalties for the 5 or more toll
3    violations indicated on the report described in subsection
4    (b).
5    (f) The Secretary and the Authority may adopt rules
6necessary to implement this Section.
7    (g) The Secretary, the Authority, and the private tolling
8authority shall cooperate with one another in the
9administration and implementation of this Section.
10    (h) The Secretary shall provide the Authority and the
11private tolling authority with any information the Authority or
12the private tolling authority may deem necessary for the
13purposes of this Section or for the private tolling authority's
14invoicing, collection, and administrative functions, including
15regular and timely access to driver's license, vehicle
16registration, and license plate information, and the
17Secretary's driver, title, and vehicle record databases.
18Section 2-123 does not apply to the provision of such
19information, but the Secretary shall be entitled to
20reimbursement for its costs in providing such information.
21    (i) The Authority shall provide the Secretary and the
22private tolling authority with any information the Secretary or
23the private tolling authority may deem necessary for purposes
24of this Section or for the private tolling authority's
25invoicing, collection, and administrative functions, including
26regular and timely access to toll violation records.

 

 

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1    (j) As used in this Section:
2    "Authority" means the Illinois State Toll Highway
3Authority.
4    "Private tolling authority" means the owner, lessee,
5licensee, or operator of a toll bridge authorized under the
6Toll Bridge Act.
7    "Secretary" means the Illinois Secretary of State.
 
8    (625 ILCS 5/3-805)  (from Ch. 95 1/2, par. 3-805)
9    Sec. 3-805. Electric vehicles.
10    The owner of a motor vehicle of the first division or a
11motor vehicle of the second division weighing 8,000 pounds or
12less propelled by an electric engine and not utilizing motor
13fuel shall register the vehicle for a fee of $300 for a
14one-year registration period , may register such vehicle for a
15fee not to exceed $35 for a 2-year registration period. The
16Secretary may, in his discretion, prescribe that electric
17vehicle registration plates be issued for an indefinite term,
18such term to correspond to the term of registration plates
19issued generally, as provided in Section 3-414.1. In no event
20may the registration fee for electric vehicles exceed $18 per
21registration year.
22(Source: P.A. 96-1135, eff. 7-21-10.)
 
23    (625 ILCS 5/3-806)  (from Ch. 95 1/2, par. 3-806)
24    Sec. 3-806. Registration Fees; Motor Vehicles of the First

 

 

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1Division. Every owner of any other motor vehicle of the first
2division, except as provided in Sections 3-804, 3-804.01,
33-804.3, 3-805, 3-806.3, 3-806.7, and 3-808, and every second
4division vehicle weighing 8,000 pounds or less, shall pay the
5Secretary of State an annual registration fee at the following
6rates:
 
7SCHEDULE OF REGISTRATION FEES
8REQUIRED BY LAW
9Beginning with the 2020 2010 registration year
10Annual Fee
11Motor vehicles of the first division other
12than Autocycles, Motorcycles, Motor
13Driven Cycles and Pedalcycles$148 $98
14
15Autocycles68
16
17Motorcycles, Motor Driven
18Cycles and Pedalcycles 38
19    A $1 surcharge shall be collected in addition to the above
20fees for motor vehicles of the first division, autocycles,
21motorcycles, motor driven cycles, and pedalcycles to be
22deposited into the State Police Vehicle Fund.
23    All of the proceeds of the additional fees imposed by
24Public Act 96-34 shall be deposited into the Capital Projects
25Fund.

 

 

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1    A $2 surcharge shall be collected in addition to the above
2fees for motor vehicles of the first division, autocycles,
3motorcycles, motor driven cycles, and pedalcycles to be
4deposited into the Park and Conservation Fund for the
5Department of Natural Resources to use for conservation
6efforts. The monies deposited into the Park and Conservation
7Fund under this Section shall not be subject to administrative
8charges or chargebacks unless otherwise authorized by this Act.
9    Of the additional fees imposed by this amendatory Act of
10the 101st General Assembly, $34 of the proceeds per fee
11collected shall be deposited into the Transit Capital Projects
12Fund.
13(Source: P.A. 97-412, eff. 1-1-12; 97-811, eff. 7-13-12;
1497-1136, eff. 1-1-13; 98-463, eff. 8-16-13; 98-777, eff.
151-1-15.)
 
16    (625 ILCS 5/3-815)  (from Ch. 95 1/2, par. 3-815)
17    Sec. 3-815. Flat weight tax; vehicles of the second
18division.
19    (a) Except as provided in Section 3-806.3 and 3-804.3,
20every owner of a vehicle of the second division registered
21under Section 3-813, and not registered under the mileage
22weight tax under Section 3-818, shall pay to the Secretary of
23State, for each registration year, for the use of the public
24highways, a flat weight tax at the rates set forth in the
25following table, the rates including the $10 registration fee:

 

 

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1
SCHEDULE OF FLAT WEIGHT TAX
2
REQUIRED BY LAW
3Gross Weight in Lbs.Total Fees
4Including Vehicle each Fiscal
5and Maximum LoadClass year
68,000 lbs. and lessB$148 $98
78,001 lbs. to 10,000 lbs. C 218 118
810,001 lbs. to 12,000 lbs.D238 138
912,001 lbs. to 16,000 lbs.F342 242
1016,001 lbs. to 26,000 lbs.H590 490
1126,001 lbs. to 28,000 lbs.J730 630
1228,001 lbs. to 32,000 lbs.K942 842
1332,001 lbs. to 36,000 lbs.L1,082 982
1436,001 lbs. to 40,000 lbs.N1,302 1,202
1540,001 lbs. to 45,000 lbs.P1,490 1,390
1645,001 lbs. to 50,000 lbs.Q1,638 1,538
1750,001 lbs. to 54,999 lbs.R1,798 1,698
1855,000 lbs. to 59,500 lbs.S1,930 1,830
1959,501 lbs. to 64,000 lbs.T2,070 1,970
2064,001 lbs. to 73,280 lbs.V2,394 2,294
2173,281 lbs. to 77,000 lbs.X2,722 2,622
2277,001 lbs. to 80,000 lbs.Z2,890 2,790
23    Beginning with the 2010 registration year a $1 surcharge
24shall be collected for vehicles registered in the 8,000 lbs.
25and less flat weight plate category above to be deposited into
26the State Police Vehicle Fund.

 

 

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1    Beginning with the 2014 registration year, a $2 surcharge
2shall be collected in addition to the above fees for vehicles
3registered in the 8,000 lb. and less flat weight plate category
4as described in this subsection (a) to be deposited into the
5Park and Conservation Fund for the Department of Natural
6Resources to use for conservation efforts. The monies deposited
7into the Park and Conservation Fund under this Section shall
8not be subject to administrative charges or chargebacks unless
9otherwise authorized by this Act.
10    All of the proceeds of the additional fees imposed by
11Public Act 96-34 this amendatory Act of the 96th General
12Assembly shall be deposited into the Capital Projects Fund.
13    Of the additional taxes imposed by this amendatory Act of
14the 101st General Assembly under this subsection on vehicles
15registered in the 8,000 pounds and less flat weight category,
16$34 of the proceeds per tax collected shall be deposited into
17the Transit Capital Projects Fund.
18    (a-1) A Special Hauling Vehicle is a vehicle or combination
19of vehicles of the second division registered under Section
203-813 transporting asphalt or concrete in the plastic state or
21a vehicle or combination of vehicles that are subject to the
22gross weight limitations in subsection (a) of Section 15-111
23for which the owner of the vehicle or combination of vehicles
24has elected to pay, in addition to the registration fee in
25subsection (a), $125 to the Secretary of State for each
26registration year. The Secretary shall designate this class of

 

 

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1vehicle as a Special Hauling Vehicle.
2    (a-5) Beginning January 1, 2015, upon the request of the
3vehicle owner, a $10 surcharge shall be collected in addition
4to the above fees for vehicles in the 12,000 lbs. and less flat
5weight plate categories as described in subsection (a) to be
6deposited into the Secretary of State Special License Plate
7Fund. The $10 surcharge is to identify vehicles in the 12,000
8lbs. and less flat weight plate categories as a covered farm
9vehicle. The $10 surcharge is an annual, flat fee that shall be
10based on an applicant's new or existing registration year for
11each vehicle in the 12,000 lbs. and less flat weight plate
12categories. A designation as a covered farm vehicle under this
13subsection (a-5) shall not alter a vehicle's registration as a
14registration in the 12,000 lbs. or less flat weight category.
15The Secretary shall adopt any rules necessary to implement this
16subsection (a-5).
17    (a-10) Beginning January 1, 2019, upon the request of the
18vehicle owner, the Secretary of State shall collect a $10
19surcharge in addition to the fees for second division vehicles
20in the 8,000 lbs. and less flat weight plate category described
21in subsection (a) that are issued a registration plate under
22Article VI of this Chapter. The $10 surcharge shall be
23deposited into the Secretary of State Special License Plate
24Fund. The $10 surcharge is to identify a vehicle in the 8,000
25lbs. and less flat weight plate category as a covered farm
26vehicle. The $10 surcharge is an annual, flat fee that shall be

 

 

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1based on an applicant's new or existing registration year for
2each vehicle in the 8,000 lbs. and less flat weight plate
3category. A designation as a covered farm vehicle under this
4subsection (a-10) shall not alter a vehicle's registration in
5the 8,000 lbs. or less flat weight category. The Secretary
6shall adopt any rules necessary to implement this subsection
7(a-10).
8    (b) Except as provided in Section 3-806.3, every camping
9trailer, motor home, mini motor home, travel trailer, truck
10camper or van camper used primarily for recreational purposes,
11and not used commercially, nor for hire, nor owned by a
12commercial business, may be registered for each registration
13year upon the filing of a proper application and the payment of
14a registration fee and highway use tax, according to the
15following table of fees:
16
MOTOR HOME, MINI MOTOR HOME, TRUCK CAMPER OR VAN CAMPER
17Gross Weight in Lbs.Total Fees
18Including Vehicle andEach
19Maximum LoadCalendar Year
208,000 lbs and less$78
218,001 Lbs. to 10,000 Lbs90
2210,001 Lbs. and Over102
23
CAMPING TRAILER OR TRAVEL TRAILER
24Gross Weight in Lbs.Total Fees
25Including Vehicle andEach
26Maximum LoadCalendar Year

 

 

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13,000 Lbs. and Less$18
23,001 Lbs. to 8,000 Lbs.30
38,001 Lbs. to 10,000 Lbs.38
410,001 Lbs. and Over50
5    Every house trailer must be registered under Section 3-819.
6    (c) Farm Truck. Any truck used exclusively for the owner's
7own agricultural, horticultural or livestock raising
8operations and not-for-hire only, or any truck used only in the
9transportation for-hire of seasonal, fresh, perishable fruit
10or vegetables from farm to the point of first processing, may
11be registered by the owner under this paragraph in lieu of
12registration under paragraph (a), upon filing of a proper
13application and the payment of the $10 registration fee and the
14highway use tax herein specified as follows:
15
SCHEDULE OF FEES AND TAXES
16Gross Weight in Lbs.Total Amount for
17Including Truck andeach
18Maximum LoadClassFiscal Year
1916,000 lbs. or lessVF$250 $150
2016,001 to 20,000 lbs.VG326 226
2120,001 to 24,000 lbs.VH390 290
2224,001 to 28,000 lbs.VJ478 378
2328,001 to 32,000 lbs.VK606 506
2432,001 to 36,000 lbs.VL710 610
2536,001 to 45,000 lbs.VP910 810
2645,001 to 54,999 lbs.VR1,126 1,026

 

 

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155,000 to 64,000 lbs.VT1,302 1,202
264,001 to 73,280 lbs.VV1,390 1,290
373,281 to 77,000 lbs.VX1,450 1,350
477,001 to 80,000 lbs.VZ1,590 1,490
5    In the event the Secretary of State revokes a farm truck
6registration as authorized by law, the owner shall pay the flat
7weight tax due hereunder before operating such truck.
8    Any combination of vehicles having 5 axles, with a distance
9of 42 feet or less between extreme axles, that are subject to
10the weight limitations in subsection (a) of Section 15-111 for
11which the owner of the combination of vehicles has elected to
12pay, in addition to the registration fee in subsection (c),
13$125 to the Secretary of State for each registration year shall
14be designated by the Secretary as a Special Hauling Vehicle.
15    (d) The number of axles necessary to carry the maximum load
16provided shall be determined from Chapter 15 of this Code.
17    (e) An owner may only apply for and receive 5 farm truck
18registrations, and only 2 of those 5 vehicles shall exceed
1959,500 gross weight in pounds per vehicle.
20    (f) Every person convicted of violating this Section by
21failure to pay the appropriate flat weight tax to the Secretary
22of State as set forth in the above tables shall be punished as
23provided for in Section 3-401.
24(Source: P.A. 100-734, eff. 1-1-19; 100-956, eff. 1-1-19;
25revised 10-15-18.)
 

 

 

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1    (625 ILCS 5/3-815.1)
2    Sec. 3-815.1. Commercial distribution fee. Beginning July
31, 2003, in addition to any tax or fee imposed under this Code:
4        (a) Vehicles of the second division with a gross
5    vehicle weight that exceeds 8,000 pounds and that incur any
6    tax or fee under subsection (a) of Section 3-815 of this
7    Code or subsection (a) of Section 3-818 of this Code, as
8    applicable, shall pay to the Secretary of State a
9    commercial distribution fee, for each registration year,
10    for the use of the public highways, State infrastructure,
11    and State services, in an amount equal to: (i) for a
12    registration year beginning on or after July 1, 2003 and
13    before July 1, 2005, 36% of the taxes and fees incurred
14    under subsection (a) of Section 3-815 of this Code, or
15    subsection (a) of Section 3-818 of this Code, as
16    applicable, rounded up to the nearest whole dollar; (ii)
17    for a registration year beginning on or after July 1, 2005
18    and before July 1, 2006, 21.5% of the taxes and fees
19    incurred under subsection (a) of Section 3-815 of this
20    Code, or subsection (a) of Section 3-818 of this Code, as
21    applicable, rounded up to the nearest whole dollar; and
22    (iii) for a registration year beginning on or after July 1,
23    2006 and before July 1, 2020, 14.35% of the taxes and fees
24    incurred under subsection (a) of Section 3-815 of this
25    Code, or subsection (a) of Section 3-818 of this Code, as
26    applicable, rounded up to the nearest whole dollar.

 

 

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1        (b) Until June 30, 2004, vehicles of the second
2    division with a gross vehicle weight of 8,000 pounds or
3    less and that incur any tax or fee under subsection (a) of
4    Section 3-815 of this Code or subsection (a) of Section
5    3-818 of this Code, as applicable, and have claimed the
6    rolling stock exemption under the Retailers' Occupation
7    Tax Act, Use Tax Act, Service Occupation Tax Act, or
8    Service Use Tax Act shall pay to the Illinois Department of
9    Revenue (or the Secretary of State under an
10    intergovernmental agreement) a commercial distribution
11    fee, for each registration year, for the use of the public
12    highways, State infrastructure, and State services, in an
13    amount equal to 36% of the taxes and fees incurred under
14    subsection (a) of Section 3-815 of this Code or subsection
15    (a) of Section 3-818 of this Code, as applicable, rounded
16    up to the nearest whole dollar.
17    The fees paid under this Section shall be deposited by the
18Secretary of State into the General Revenue Fund.
19    This Section is repealed on July 1, 2020.
20(Source: P.A. 93-23, eff. 6-20-03; 93-1033, eff. 9-3-04.)
 
21    (625 ILCS 5/3-818)  (from Ch. 95 1/2, par. 3-818)
22    Sec. 3-818. Mileage weight tax option.
23    (a) Any owner of a vehicle of the second division may elect
24to pay a mileage weight tax for such vehicle in lieu of the
25flat weight tax set out in Section 3-815. Such election shall

 

 

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1be binding to the end of the registration year. Renewal of this
2election must be filed with the Secretary of State on or before
3July 1 of each registration period. In such event the owner
4shall, at the time of making such election, pay the $10
5registration fee and the minimum guaranteed mileage weight tax,
6as hereinafter provided, which payment shall permit the owner
7to operate that vehicle the maximum mileage in this State
8hereinafter set forth. Any vehicle being operated on mileage
9plates cannot be operated outside of this State. In addition
10thereto, the owner of that vehicle shall pay a mileage weight
11tax at the following rates for each mile traveled in this State
12in excess of the maximum mileage provided under the minimum
13guaranteed basis:
14
BUS, TRUCK OR TRUCK TRACTOR
15MaximumMileage
16MinimumMileageWeight Tax
17GuaranteedPermittedfor Mileage
18Gross WeightMileageUnderin excess of
19Vehicle andWeightGuaranteedGuaranteed
20LoadClassTaxTaxMileage
2112,000 lbs. or lessMD$173 $735,00026 Mills
2212,001 to 16,000 lbs.MF220 1206,00034 Mills
2316,001 to 20,000 lbs.MG280 1806,00046 Mills
2420,001 to 24,000 lbs.MH335 2356,00063 Mills
2524,001 to 28,000 lbs.MJ415 3157,00063 Mills
2628,001 to 32,000 lbs.MK485 3857,00083 Mills

 

 

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132,001 to 36,000 lbs.ML585 4857,00099 Mills
236,001 to 40,000 lbs.MN715 6157,000128 Mills
340,001 to 45,000 lbs.MP795 6957,000139 Mills
445,001 to 54,999 lbs.MR953 8537,000156 Mills
555,000 to 59,500 lbs.MS1,020 9207,000178 Mills
659,501 to 64,000 lbs.MT1,085 9857,000195 Mills
764,001 to 73,280 lbs.MV1,273 1,1737,000225 Mills
873,281 to 77,000 lbs.MX1,428 1,3287,000258 Mills
977,001 to 80,000 lbs.MZ1,515 1,4157,000275 Mills
10
TRAILER
11MaximumMileage
12MinimumMileageWeight Tax
13GuaranteedPermittedfor Mileage
14Gross WeightMileageUnderin excess of
15Vehicle andWeightGuaranteedGuaranteed
16LoadClassTaxTaxMileage
1714,000 lbs. or lessME$175 $755,00031 Mills
1814,001 to 20,000 lbs.MF235 1356,00036 Mills
1920,001 to 36,000 lbs.ML640 5407,000103 Mills
2036,001 to 40,000 lbs.MM850 7507,000150 Mills
21    (a-1) A Special Hauling Vehicle is a vehicle or combination
22of vehicles of the second division registered under Section
233-813 transporting asphalt or concrete in the plastic state or
24a vehicle or combination of vehicles that are subject to the
25gross weight limitations in subsection (a) of Section 15-111
26for which the owner of the vehicle or combination of vehicles

 

 

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1has elected to pay, in addition to the registration fee in
2subsection (a), $125 to the Secretary of State for each
3registration year. The Secretary shall designate this class of
4vehicle as a Special Hauling Vehicle.
5    In preparing rate schedules on registration applications,
6the Secretary of State shall add to the above rates, the $10
7registration fee. The Secretary may decline to accept any
8renewal filed after July 1st.
9    The number of axles necessary to carry the maximum load
10provided shall be determined from Chapter 15 of this Code.
11    Every owner of a second division motor vehicle for which he
12has elected to pay a mileage weight tax shall keep a daily
13record upon forms prescribed by the Secretary of State, showing
14the mileage covered by that vehicle in this State. Such record
15shall contain the license number of the vehicle and the miles
16traveled by the vehicle in this State for each day of the
17calendar month. Such owner shall also maintain records of fuel
18consumed by each such motor vehicle and fuel purchases
19therefor. On or before the 10th day of July the owner shall
20certify to the Secretary of State upon forms prescribed
21therefor, summaries of his daily records which shall show the
22miles traveled by the vehicle in this State during the
23preceding 12 months and such other information as the Secretary
24of State may require. The daily record and fuel records shall
25be filed, preserved and available for audit for a period of 3
26years. Any owner filing a return hereunder shall certify that

 

 

10100HB3233sam004- 96 -LRB101 11081 HEP 61478 a

1such return is a true, correct and complete return. Any person
2who willfully makes a false return hereunder is guilty of
3perjury and shall be punished in the same manner and to the
4same extent as is provided therefor.
5    At the time of filing his return, each owner shall pay to
6the Secretary of State the proper amount of tax at the rate
7herein imposed.
8    Every owner of a vehicle of the second division who elects
9to pay on a mileage weight tax basis and who operates the
10vehicle within this State, shall file with the Secretary of
11State a bond in the amount of $500. The bond shall be in a form
12approved by the Secretary of State and with a surety company
13approved by the Illinois Department of Insurance to transact
14business in this State as surety, and shall be conditioned upon
15such applicant's paying to the State of Illinois all money
16becoming due by reason of the operation of the second division
17vehicle in this State, together with all penalties and interest
18thereon.
19    Upon notice from the Secretary that the registrant has
20failed to pay the excess mileage fees, the surety shall
21immediately pay the fees together with any penalties and
22interest thereon in an amount not to exceed the limits of the
23bond.
24    (b) Beginning January 1, 2016, upon the request of the
25vehicle owner, a $10 surcharge shall be collected in addition
26to the above fees for vehicles in the 12,000 lbs. and less

 

 

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1mileage weight plate category as described in subsection (a) to
2be deposited into the Secretary of State Special License Plate
3Fund. The $10 surcharge is to identify vehicles in the 12,000
4lbs. and less mileage weight plate category as a covered farm
5vehicle. The $10 surcharge is an annual flat fee that shall be
6based on an applicant's new or existing registration year for
7each vehicle in the 12,000 lbs. and less mileage weight plate
8category. A designation as a covered farm vehicle under this
9subsection (b) shall not alter a vehicle's registration as a
10registration in the 12,000 lbs. or less mileage weight
11category. The Secretary shall adopt any rules necessary to
12implement this subsection (b).
13(Source: P.A. 99-57, eff. 7-16-15; 99-642, eff. 7-28-16.)
 
14    (625 ILCS 5/3-819)  (from Ch. 95 1/2, par. 3-819)
15    Sec. 3-819. Trailer; Flat weight tax.
16    (a) Farm Trailer. Any farm trailer drawn by a motor vehicle
17of the second division registered under paragraph (a) or (c) of
18Section 3-815 and used exclusively by the owner for his own
19agricultural, horticultural or livestock raising operations
20and not used for hire, or any farm trailer utilized only in the
21transportation for-hire of seasonal, fresh, perishable fruit
22or vegetables from farm to the point of first processing, and
23any trailer used with a farm tractor that is not an implement
24of husbandry may be registered under this paragraph in lieu of
25registration under paragraph (b) of this Section upon the

 

 

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1filing of a proper application and the payment of the $10
2registration fee and the highway use tax herein for use of the
3public highways of this State, at the following rates which
4include the $10 registration fee:
5SCHEDULE OF FEES AND TAXES
6Gross Weight in Lbs.ClassTotal Amount
7Including Vehicleeach
8and Maximum LoadFiscal Year
910,000 lbs. or lessVDD $160 $60
1010,001 to 14,000 lbs.VDE206 106
1114,001 to 20,000 lbs.VDG266 166
1220,001 to 28,000 lbs.VDJ478 378
1328,001 to 36,000 lbs.VDL750 650
14    An owner may only apply for and receive two farm trailer
15registrations.
16    (b) All other owners of trailers, other than apportionable
17trailers registered under Section 3-402.1 of this Code, used
18with a motor vehicle on the public highways, shall pay to the
19Secretary of State for each registration year a flat weight
20tax, for the use of the public highways of this State, at the
21following rates (which includes the registration fee of $10
22required by Section 3-813):
23SCHEDULE OF TRAILER FLAT
24WEIGHT TAX REQUIRED
25BY LAW
26Gross Weight in Lbs.Total Fees

 

 

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1Including Vehicle andeach
2Maximum LoadClassFiscal Year
33,000 lbs. and lessTA$118 $18
45,000 lbs. and more than 3,000TB154 54
58,000 lbs. and more than 5,000TC158 58
610,000 lbs. and more than 8,000TD206 106
714,000 lbs. and more than 10,000TE270 170
820,000 lbs. and more than 14,000TG358 258
932,000 lbs. and more than 20,000TK822 722
1036,000 lbs. and more than 32,000TL1,182 1,082
1140,000 lbs. and more than 36,000TN1,602 1,502
12    (c) The number of axles necessary to carry the maximum load
13provided shall be determined from Chapter 15 of this Code.
14(Source: P.A. 96-328, eff. 8-11-09.)
 
15    (625 ILCS 5/3-821)  (from Ch. 95 1/2, par. 3-821)
16    Sec. 3-821. Miscellaneous registration and title fees.
17    (a) Except as provided under subsection (h), the fee to be
18paid to the Secretary of State for the following certificates,
19registrations or evidences of proper registration, or for
20corrected or duplicate documents shall be in accordance with
21the following schedule:
22    Certificate of Title, except for an all-terrain
23vehicle or off-highway motorcycle$155 $95
24    Certificate of Title for an all-terrain vehicle
25or off-highway motorcycle$30

 

 

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1    Certificate of Title for an all-terrain vehicle
2or off-highway motorcycle used for production
3agriculture, or accepted by a dealer in trade13
4    Certificate of Title for a low-speed vehicle30
5    Transfer of Registration or any evidence of
6proper registration $25
7    Duplicate Registration Card for plates or other
8evidence of proper registration3
9    Duplicate Registration Sticker or Stickers, each20
10    Duplicate Certificate of Title155 95
11    Corrected Registration Card or Card for other
12evidence of proper registration3
13    Corrected Certificate of Title155 95
14    Salvage Certificate4
15    Fleet Reciprocity Permit15
16    Prorate Decal1
17    Prorate Backing Plate3
18    Special Corrected Certificate of Title15
19    Expedited Title Service (to be charged in addition
20to other applicable fees)30
21    Dealer Lien Release Certificate of Title20
22    A special corrected certificate of title shall be issued
23(i) to remove a co-owner's name due to the death of the
24co-owner, to transfer title to a spouse if the decedent-spouse
25was the sole owner on the title, or due to a divorce; (ii) to
26change a co-owner's name due to a marriage; or (iii) due to a

 

 

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1name change under Article XXI of the Code of Civil Procedure.
2    There shall be no fee paid for a Junking Certificate.
3    There shall be no fee paid for a certificate of title
4issued to a county when the vehicle is forfeited to the county
5under Article 36 of the Criminal Code of 2012.
6    (a-5) The Secretary of State may revoke a certificate of
7title and registration card and issue a corrected certificate
8of title and registration card, at no fee to the vehicle owner
9or lienholder, if there is proof that the vehicle
10identification number is erroneously shown on the original
11certificate of title.
12    (a-10) The Secretary of State may issue, in connection with
13the sale of a motor vehicle, a corrected title to a motor
14vehicle dealer upon application and submittal of a lien release
15letter from the lienholder listed in the files of the
16Secretary. In the case of a title issued by another state, the
17dealer must submit proof from the state that issued the last
18title. The corrected title, which shall be known as a dealer
19lien release certificate of title, shall be issued in the name
20of the vehicle owner without the named lienholder. If the motor
21vehicle is currently titled in a state other than Illinois, the
22applicant must submit either (i) a letter from the current
23lienholder releasing the lien and stating that the lienholder
24has possession of the title; or (ii) a letter from the current
25lienholder releasing the lien and a copy of the records of the
26department of motor vehicles for the state in which the vehicle

 

 

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1is titled, showing that the vehicle is titled in the name of
2the applicant and that no liens are recorded other than the
3lien for which a release has been submitted. The fee for the
4dealer lien release certificate of title is $20.
5    (b) The Secretary may prescribe the maximum service charge
6to be imposed upon an applicant for renewal of a registration
7by any person authorized by law to receive and remit or
8transmit to the Secretary such renewal application and fees
9therewith.
10    (c) If payment is delivered to the Office of the Secretary
11of State as payment of any fee or tax under this Code, and such
12payment is not honored for any reason, the registrant or other
13person tendering the payment remains liable for the payment of
14such fee or tax. The Secretary of State may assess a service
15charge of $25 in addition to the fee or tax due and owing for
16all dishonored payments.
17    If the total amount then due and owing exceeds the sum of
18$100 and has not been paid in full within 60 days from the date
19the dishonored payment was first delivered to the Secretary of
20State, the Secretary of State shall assess a penalty of 25% of
21such amount remaining unpaid.
22    All amounts payable under this Section shall be computed to
23the nearest dollar. Out of each fee collected for dishonored
24payments, $5 shall be deposited in the Secretary of State
25Special Services Fund.
26    (d) The minimum fee and tax to be paid by any applicant for

 

 

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1apportionment of a fleet of vehicles under this Code shall be
2$15 if the application was filed on or before the date
3specified by the Secretary together with fees and taxes due. If
4an application and the fees or taxes due are filed after the
5date specified by the Secretary, the Secretary may prescribe
6the payment of interest at the rate of 1/2 of 1% per month or
7fraction thereof after such due date and a minimum of $8.
8    (e) Trucks, truck tractors, truck tractors with loads, and
9motor buses, any one of which having a combined total weight in
10excess of 12,000 lbs. shall file an application for a Fleet
11Reciprocity Permit issued by the Secretary of State. This
12permit shall be in the possession of any driver operating a
13vehicle on Illinois highways. Any foreign licensed vehicle of
14the second division operating at any time in Illinois without a
15Fleet Reciprocity Permit or other proper Illinois
16registration, shall subject the operator to the penalties
17provided in Section 3-834 of this Code. For the purposes of
18this Code, "Fleet Reciprocity Permit" means any second division
19motor vehicle with a foreign license and used only in
20interstate transportation of goods. The fee for such permit
21shall be $15 per fleet which shall include all vehicles of the
22fleet being registered.
23    (f) For purposes of this Section, "all-terrain vehicle or
24off-highway motorcycle used for production agriculture" means
25any all-terrain vehicle or off-highway motorcycle used in the
26raising of or the propagation of livestock, crops for sale for

 

 

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1human consumption, crops for livestock consumption, and
2production seed stock grown for the propagation of feed grains
3and the husbandry of animals or for the purpose of providing a
4food product, including the husbandry of blood stock as a main
5source of providing a food product. "All-terrain vehicle or
6off-highway motorcycle used in production agriculture" also
7means any all-terrain vehicle or off-highway motorcycle used in
8animal husbandry, floriculture, aquaculture, horticulture, and
9viticulture.
10    (g) All of the proceeds of the additional fees imposed by
11Public Act 96-34 shall be deposited into the Capital Projects
12Fund.
13    (h) The fee for a duplicate registration sticker or
14stickers shall be the amount required under subsection (a) or
15the vehicle's annual registration fee amount, whichever is
16less.
17(Source: P.A. 99-260, eff. 1-1-16; 99-607, eff. 7-22-16;
18100-956, eff. 1-1-19.)
 
19    (625 ILCS 5/6-118)
20    Sec. 6-118. Fees.
21    (a) The fees fee for licenses and permits under this
22Article are is as follows:
23    Original driver's license..........................$60 $30
24    Original or renewal driver's license
25        issued to 18, 19 and 20 year olds................. 10 5

 

 

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1    All driver's licenses for persons
2        age 69 through age 80............................. 10 5
3    All driver's licenses for persons
4        age 81 through age 86.............................. 2
5    All driver's licenses for persons
6        age 87 or older.....................................0
7    Renewal driver's license (except for
8        applicants ages 18, 19 and 20 or
9        age 69 and older)................................60 30
10    Original instruction permit issued to
11        persons (except those age 69 and older)
12        who do not hold or have not previously
13        held an Illinois instruction permit or
14        driver's license.................................. 20
15    Instruction permit issued to any person
16        holding an Illinois driver's license
17        who wishes a change in classifications,
18        other than at the time of renewal.................. 5
19    Any instruction permit issued to a person
20        age 69 and older................................... 5
21    Instruction permit issued to any person,
22        under age 69, not currently holding a
23        valid Illinois driver's license or
24        instruction permit but who has
25        previously been issued either document
26        in Illinois....................................... 10

 

 

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1    Restricted driving permit.............................. 8
2    Monitoring device driving permit...................... 8
3    Duplicate or corrected driver's license
4        or permit.......................................... 5
5    Duplicate or corrected restricted
6        driving permit..................................... 5
7    Duplicate or corrected monitoring
8    device driving permit.................................. 5
9    Duplicate driver's license or permit issued to
10        an active-duty member of the
11        United States Armed Forces,
12        the member's spouse, or
13        the dependent children living
14        with the member................................... 0
15    Original or renewal M or L endorsement................. 5
16SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE
17        The fees for commercial driver licenses and permits
18    under Article V shall be as follows:
19    Commercial driver's license:
20        $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund
21        (Commercial Driver's License Information
22        System/American Association of Motor Vehicle
23        Administrators network/National Motor Vehicle
24        Title Information Service Trust Fund);
25        $20 for the Motor Carrier Safety Inspection Fund;
26        $10 for the driver's license;

 

 

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1        and $24 for the CDL:............................. $60
2    Renewal commercial driver's license:
3        $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund;
4        $20 for the Motor Carrier Safety Inspection Fund;
5        $10 for the driver's license; and
6        $24 for the CDL:................................. $60
7    Commercial learner's permit
8        issued to any person holding a valid
9        Illinois driver's license for the
10        purpose of changing to a
11        CDL classification: $6 for the
12        CDLIS/AAMVAnet/NMVTIS Trust Fund;
13        $20 for the Motor Carrier
14        Safety Inspection Fund; and
15        $24 for the CDL classification................... $50
16    Commercial learner's permit
17        issued to any person holding a valid
18        Illinois CDL for the purpose of
19        making a change in a classification,
20        endorsement or restriction........................ $5
21    CDL duplicate or corrected license.................... $5
22    In order to ensure the proper implementation of the Uniform
23Commercial Driver License Act, Article V of this Chapter, the
24Secretary of State is empowered to prorate pro-rate the $24 fee
25for the commercial driver's license proportionate to the
26expiration date of the applicant's Illinois driver's license.

 

 

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1    The fee for any duplicate license or permit shall be waived
2for any person who presents the Secretary of State's office
3with a police report showing that his license or permit was
4stolen.
5    The fee for any duplicate license or permit shall be waived
6for any person age 60 or older whose driver's license or permit
7has been lost or stolen.
8    No additional fee shall be charged for a driver's license,
9or for a commercial driver's license, when issued to the holder
10of an instruction permit for the same classification or type of
11license who becomes eligible for such license.
12    The fee for a restricted driving permit under this
13subsection (a) shall be imposed annually until the expiration
14of the permit.
15    (a-5) The fee for a driver's record or data contained
16therein is $12.
17    (b) Any person whose license or privilege to operate a
18motor vehicle in this State has been suspended or revoked under
19Section 3-707, any provision of Chapter 6, Chapter 11, or
20Section 7-205, 7-303, or 7-702 of the Family Financial
21Responsibility Law of this Code, shall in addition to any other
22fees required by this Code, pay a reinstatement fee as follows:
23    Suspension under Section 3-707..................... $100
24    Suspension under Section 11-1431....................$100
25    Summary suspension under Section 11-501.1...........$250
26    Suspension under Section 11-501.9...................$250

 

 

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1    Summary revocation under Section 11-501.1............$500
2    Other suspension......................................$70
3    Revocation...........................................$500
4    However, any person whose license or privilege to operate a
5motor vehicle in this State has been suspended or revoked for a
6second or subsequent time for a violation of Section 11-501,
711-501.1, or 11-501.9 of this Code or a similar provision of a
8local ordinance or a similar out-of-state offense or Section
99-3 of the Criminal Code of 1961 or the Criminal Code of 2012
10and each suspension or revocation was for a violation of
11Section 11-501, 11-501.1, or 11-501.9 of this Code or a similar
12provision of a local ordinance or a similar out-of-state
13offense or Section 9-3 of the Criminal Code of 1961 or the
14Criminal Code of 2012 shall pay, in addition to any other fees
15required by this Code, a reinstatement fee as follows:
16    Summary suspension under Section 11-501.1............$500
17    Suspension under Section 11-501.9...................$500
18    Summary revocation under Section 11-501.1............$500
19    Revocation...........................................$500
20    (c) All fees collected under the provisions of this Chapter
216 shall be disbursed under subsection (g) of Section 2-119 of
22this Code, except as follows:
23        1. The following amounts shall be paid into the Drivers
24    Education Fund:
25            (A) $16 of the $20 fee for an original driver's
26        instruction permit;

 

 

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1            (B) $5 of the $30 fee for an original driver's
2        license;
3            (C) $5 of the $30 fee for a 4 year renewal driver's
4        license;
5            (D) $4 of the $8 fee for a restricted driving
6        permit; and
7            (E) $4 of the $8 fee for a monitoring device
8        driving permit.
9        2. $30 of the $250 fee for reinstatement of a license
10    summarily suspended under Section 11-501.1 or suspended
11    under Section 11-501.9 shall be deposited into the Drunk
12    and Drugged Driving Prevention Fund. However, for a person
13    whose license or privilege to operate a motor vehicle in
14    this State has been suspended or revoked for a second or
15    subsequent time for a violation of Section 11-501,
16    11-501.1, or 11-501.9 of this Code or Section 9-3 of the
17    Criminal Code of 1961 or the Criminal Code of 2012, $190 of
18    the $500 fee for reinstatement of a license summarily
19    suspended under Section 11-501.1 or suspended under
20    Section 11-501.9, and $190 of the $500 fee for
21    reinstatement of a revoked license shall be deposited into
22    the Drunk and Drugged Driving Prevention Fund. $190 of the
23    $500 fee for reinstatement of a license summarily revoked
24    pursuant to Section 11-501.1 shall be deposited into the
25    Drunk and Drugged Driving Prevention Fund.
26        3. $6 of the original or renewal fee for a commercial

 

 

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1    driver's license and $6 of the commercial learner's permit
2    fee when the permit is issued to any person holding a valid
3    Illinois driver's license, shall be paid into the
4    CDLIS/AAMVAnet/NMVTIS Trust Fund.
5        4. $30 of the $70 fee for reinstatement of a license
6    suspended under the Family Financial Responsibility Law
7    shall be paid into the Family Responsibility Fund.
8        5. The $5 fee for each original or renewal M or L
9    endorsement shall be deposited into the Cycle Rider Safety
10    Training Fund.
11        6. $20 of any original or renewal fee for a commercial
12    driver's license or commercial learner's permit shall be
13    paid into the Motor Carrier Safety Inspection Fund.
14        7. The following amounts shall be paid into the General
15    Revenue Fund:
16            (A) $190 of the $250 reinstatement fee for a
17        summary suspension under Section 11-501.1 or a
18        suspension under Section 11-501.9;
19            (B) $40 of the $70 reinstatement fee for any other
20        suspension provided in subsection (b) of this Section;
21        and
22            (C) $440 of the $500 reinstatement fee for a first
23        offense revocation and $310 of the $500 reinstatement
24        fee for a second or subsequent revocation.
25        8. Fees collected under paragraph (4) of subsection (d)
26    and subsection (h) of Section 6-205 of this Code;

 

 

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1    subparagraph (C) of paragraph 3 of subsection (c) of
2    Section 6-206 of this Code; and paragraph (4) of subsection
3    (a) of Section 6-206.1 of this Code, shall be paid into the
4    funds set forth in those Sections.
5    (d) All of the proceeds of the additional fees imposed by
6this amendatory Act of the 96th General Assembly shall be
7deposited into the Capital Projects Fund.
8    (e) The additional fees imposed by this amendatory Act of
9the 96th General Assembly shall become effective 90 days after
10becoming law.
11    (f) As used in this Section, "active-duty member of the
12United States Armed Forces" means a member of the Armed
13Services or Reserve Forces of the United States or a member of
14the Illinois National Guard who is called to active duty
15pursuant to an executive order of the President of the United
16States, an act of the Congress of the United States, or an
17order of the Governor.
18    (g) The additional fees imposed under this Section by this
19amendatory Act of the 101st General Assembly take effect July
201, 2019.
21(Source: P.A. 99-127, eff. 1-1-16; 99-438, eff. 1-1-16; 99-642,
22eff. 7-28-16; 99-933, eff. 1-27-17; 100-590, eff. 6-8-18;
23100-803, eff. 1-1-19; revised 10-24-18.)
 
24    (625 ILCS 5/11-208.3)  (from Ch. 95 1/2, par. 11-208.3)
25    Sec. 11-208.3. Administrative adjudication of violations

 

 

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1of traffic regulations concerning the standing, parking, or
2condition of vehicles, automated traffic law violations, and
3automated speed enforcement system violations.
4    (a) Any municipality or county may provide by ordinance for
5a system of administrative adjudication of vehicular standing
6and parking violations and vehicle compliance violations as
7described in this subsection, automated traffic law violations
8as defined in Section 11-208.6, 11-208.9, or 11-1201.1, and
9automated speed enforcement system violations as defined in
10Section 11-208.8. The administrative system shall have as its
11purpose the fair and efficient enforcement of municipal or
12county regulations through the administrative adjudication of
13automated speed enforcement system or automated traffic law
14violations and violations of municipal or county ordinances
15regulating the standing and parking of vehicles, the condition
16and use of vehicle equipment, and the display of municipal or
17county wheel tax licenses within the municipality's or county's
18borders. The administrative system shall only have authority to
19adjudicate civil offenses carrying fines not in excess of $500
20or requiring the completion of a traffic education program, or
21both, that occur after the effective date of the ordinance
22adopting such a system under this Section. For purposes of this
23Section, "compliance violation" means a violation of a
24municipal or county regulation governing the condition or use
25of equipment on a vehicle or governing the display of a
26municipal or county wheel tax license.

 

 

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1    (b) Any ordinance establishing a system of administrative
2adjudication under this Section shall provide for:
3        (1) A traffic compliance administrator authorized to
4    adopt, distribute and process parking, compliance, and
5    automated speed enforcement system or automated traffic
6    law violation notices and other notices required by this
7    Section, collect money paid as fines and penalties for
8    violation of parking and compliance ordinances and
9    automated speed enforcement system or automated traffic
10    law violations, and operate an administrative adjudication
11    system. The traffic compliance administrator also may make
12    a certified report to the Secretary of State under Section
13    6-306.5.
14        (2) A parking, standing, compliance, automated speed
15    enforcement system, or automated traffic law violation
16    notice that shall specify or include the date, time, and
17    place of violation of a parking, standing, compliance,
18    automated speed enforcement system, or automated traffic
19    law regulation; the particular regulation violated; any
20    requirement to complete a traffic education program; the
21    fine and any penalty that may be assessed for late payment
22    or failure to complete a required traffic education
23    program, or both, when so provided by ordinance; the
24    vehicle make or a photograph of the vehicle; the and state
25    registration number of the vehicle; and the identification
26    number of the person issuing the notice. With regard to

 

 

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1    automated speed enforcement system or automated traffic
2    law violations, vehicle make shall be specified on the
3    automated speed enforcement system or automated traffic
4    law violation notice if the notice does not include a
5    photograph of the vehicle and the make is available and
6    readily discernible. With regard to municipalities or
7    counties with a population of 1 million or more, it shall
8    be grounds for dismissal of a parking violation if the
9    state registration number or vehicle make specified is
10    incorrect. The violation notice shall state that the
11    completion of any required traffic education program, the
12    payment of any indicated fine, and the payment of any
13    applicable penalty for late payment or failure to complete
14    a required traffic education program, or both, shall
15    operate as a final disposition of the violation. The notice
16    also shall contain information as to the availability of a
17    hearing in which the violation may be contested on its
18    merits. The violation notice shall specify the time and
19    manner in which a hearing may be had.
20        (3) Service of a the parking, standing, or compliance
21    violation notice by: (i) affixing the original or a
22    facsimile of the notice to an unlawfully parked or standing
23    vehicle; or (ii) by handing the notice to the operator of a
24    vehicle if he or she is present; or (iii) mailing the
25    notice to the address of the registered owner or lessee of
26    the cited vehicle as recorded with the Secretary of State

 

 

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1    or the lessor of the motor vehicle within 30 days after the
2    Secretary of State or the lessor of the motor vehicle
3    notifies the municipality or county of the identity of the
4    owner or lessee of the vehicle, but not later than 90 days
5    after date of the violation, except that in the case of a
6    lessee of a motor vehicle, service of a parking, standing,
7    or compliance violation notice may occur no later than 210
8    days after the violation; and service of an automated speed
9    enforcement system or automated traffic law violation
10    notice by mail to the address of the registered owner or
11    lessee of the cited vehicle as recorded with the Secretary
12    of State or the lessor of the motor vehicle within 30 days
13    after the Secretary of State or the lessor of the motor
14    vehicle notifies the municipality or county of the identity
15    of the owner or lessee of the vehicle, but not later than
16    90 days after the violation, except that in the case of a
17    lessee of a motor vehicle, service of an automated traffic
18    law violation notice may occur no later than 210 days after
19    the violation. A person authorized by ordinance to issue
20    and serve parking, standing, and compliance violation
21    notices shall certify as to the correctness of the facts
22    entered on the violation notice by signing his or her name
23    to the notice at the time of service or in the case of a
24    notice produced by a computerized device, by signing a
25    single certificate to be kept by the traffic compliance
26    administrator attesting to the correctness of all notices

 

 

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1    produced by the device while it was under his or her
2    control. In the case of an automated traffic law violation,
3    the ordinance shall require a determination by a technician
4    employed or contracted by the municipality or county that,
5    based on inspection of recorded images, the motor vehicle
6    was being operated in violation of Section 11-208.6,
7    11-208.9, or 11-1201.1 or a local ordinance. If the
8    technician determines that the vehicle entered the
9    intersection as part of a funeral procession or in order to
10    yield the right-of-way to an emergency vehicle, a citation
11    shall not be issued. In municipalities with a population of
12    less than 1,000,000 inhabitants and counties with a
13    population of less than 3,000,000 inhabitants, the
14    automated traffic law ordinance shall require that all
15    determinations by a technician that a motor vehicle was
16    being operated in violation of Section 11-208.6, 11-208.9,
17    or 11-1201.1 or a local ordinance must be reviewed and
18    approved by a law enforcement officer or retired law
19    enforcement officer of the municipality or county issuing
20    the violation. In municipalities with a population of
21    1,000,000 or more inhabitants and counties with a
22    population of 3,000,000 or more inhabitants, the automated
23    traffic law ordinance shall require that all
24    determinations by a technician that a motor vehicle was
25    being operated in violation of Section 11-208.6, 11-208.9,
26    or 11-1201.1 or a local ordinance must be reviewed and

 

 

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1    approved by a law enforcement officer or retired law
2    enforcement officer of the municipality or county issuing
3    the violation or by an additional fully-trained reviewing
4    technician who is not employed by the contractor who
5    employs the technician who made the initial determination.
6    In the case of an automated speed enforcement system
7    violation, the ordinance shall require a determination by a
8    technician employed by the municipality, based upon an
9    inspection of recorded images, video or other
10    documentation, including documentation of the speed limit
11    and automated speed enforcement signage, and documentation
12    of the inspection, calibration, and certification of the
13    speed equipment, that the vehicle was being operated in
14    violation of Article VI of Chapter 11 of this Code or a
15    similar local ordinance. If the technician determines that
16    the vehicle speed was not determined by a calibrated,
17    certified speed equipment device based upon the speed
18    equipment documentation, or if the vehicle was an emergency
19    vehicle, a citation may not be issued. The automated speed
20    enforcement ordinance shall require that all
21    determinations by a technician that a violation occurred be
22    reviewed and approved by a law enforcement officer or
23    retired law enforcement officer of the municipality
24    issuing the violation or by an additional fully trained
25    reviewing technician who is not employed by the contractor
26    who employs the technician who made the initial

 

 

10100HB3233sam004- 119 -LRB101 11081 HEP 61478 a

1    determination. Routine and independent calibration of the
2    speeds produced by automated speed enforcement systems and
3    equipment shall be conducted annually by a qualified
4    technician. Speeds produced by an automated speed
5    enforcement system shall be compared with speeds produced
6    by lidar or other independent equipment. Radar or lidar
7    equipment shall undergo an internal validation test no less
8    frequently than once each week. Qualified technicians
9    shall test loop based equipment no less frequently than
10    once a year. Radar equipment shall be checked for accuracy
11    by a qualified technician when the unit is serviced, when
12    unusual or suspect readings persist, or when deemed
13    necessary by a reviewing technician. Radar equipment shall
14    be checked with the internal frequency generator and the
15    internal circuit test whenever the radar is turned on.
16    Technicians must be alert for any unusual or suspect
17    readings, and if unusual or suspect readings of a radar
18    unit persist, that unit shall immediately be removed from
19    service and not returned to service until it has been
20    checked by a qualified technician and determined to be
21    functioning properly. Documentation of the annual
22    calibration results, including the equipment tested, test
23    date, technician performing the test, and test results,
24    shall be maintained and available for use in the
25    determination of an automated speed enforcement system
26    violation and issuance of a citation. The technician

 

 

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1    performing the calibration and testing of the automated
2    speed enforcement equipment shall be trained and certified
3    in the use of equipment for speed enforcement purposes.
4    Training on the speed enforcement equipment may be
5    conducted by law enforcement, civilian, or manufacturer's
6    personnel and if applicable may be equivalent to the
7    equipment use and operations training included in the Speed
8    Measuring Device Operator Program developed by the
9    National Highway Traffic Safety Administration (NHTSA).
10    The vendor or technician who performs the work shall keep
11    accurate records on each piece of equipment the technician
12    calibrates and tests. As used in this paragraph,
13    "fully-trained reviewing technician" means a person who
14    has received at least 40 hours of supervised training in
15    subjects which shall include image inspection and
16    interpretation, the elements necessary to prove a
17    violation, license plate identification, and traffic
18    safety and management. In all municipalities and counties,
19    the automated speed enforcement system or automated
20    traffic law ordinance shall require that no additional fee
21    shall be charged to the alleged violator for exercising his
22    or her right to an administrative hearing, and persons
23    shall be given at least 25 days following an administrative
24    hearing to pay any civil penalty imposed by a finding that
25    Section 11-208.6, 11-208.8, 11-208.9, or 11-1201.1 or a
26    similar local ordinance has been violated. The original or

 

 

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1    a facsimile of the violation notice or, in the case of a
2    notice produced by a computerized device, a printed record
3    generated by the device showing the facts entered on the
4    notice, shall be retained by the traffic compliance
5    administrator, and shall be a record kept in the ordinary
6    course of business. A parking, standing, compliance,
7    automated speed enforcement system, or automated traffic
8    law violation notice issued, signed and served in
9    accordance with this Section, a copy of the notice, or the
10    computer generated record shall be prima facie correct and
11    shall be prima facie evidence of the correctness of the
12    facts shown on the notice. The notice, copy, or computer
13    generated record shall be admissible in any subsequent
14    administrative or legal proceedings.
15        (4) An opportunity for a hearing for the registered
16    owner of the vehicle cited in the parking, standing,
17    compliance, automated speed enforcement system, or
18    automated traffic law violation notice in which the owner
19    may contest the merits of the alleged violation, and during
20    which formal or technical rules of evidence shall not
21    apply; provided, however, that under Section 11-1306 of
22    this Code the lessee of a vehicle cited in the violation
23    notice likewise shall be provided an opportunity for a
24    hearing of the same kind afforded the registered owner. The
25    hearings shall be recorded, and the person conducting the
26    hearing on behalf of the traffic compliance administrator

 

 

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1    shall be empowered to administer oaths and to secure by
2    subpoena both the attendance and testimony of witnesses and
3    the production of relevant books and papers. Persons
4    appearing at a hearing under this Section may be
5    represented by counsel at their expense. The ordinance may
6    also provide for internal administrative review following
7    the decision of the hearing officer.
8        (5) Service of additional notices, sent by first class
9    United States mail, postage prepaid, to the address of the
10    registered owner of the cited vehicle as recorded with the
11    Secretary of State or, if any notice to that address is
12    returned as undeliverable, to the last known address
13    recorded in a United States Post Office approved database,
14    or, under Section 11-1306 or subsection (p) of Section
15    11-208.6 or 11-208.9, or subsection (p) of Section 11-208.8
16    of this Code, to the lessee of the cited vehicle at the
17    last address known to the lessor of the cited vehicle at
18    the time of lease or, if any notice to that address is
19    returned as undeliverable, to the last known address
20    recorded in a United States Post Office approved database.
21    The service shall be deemed complete as of the date of
22    deposit in the United States mail. The notices shall be in
23    the following sequence and shall include but not be limited
24    to the information specified herein:
25            (i) A second notice of parking, standing, or
26        compliance violation if the first notice of the

 

 

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1        violation was issued by affixing the original or a
2        facsimile of the notice to the unlawfully parked
3        vehicle or by handing the notice to the operator. This
4        notice shall specify or include the date and location
5        of the violation cited in the parking, standing, or
6        compliance violation notice, the particular regulation
7        violated, the vehicle make or a photograph of the
8        vehicle, the and state registration number of the
9        vehicle, any requirement to complete a traffic
10        education program, the fine and any penalty that may be
11        assessed for late payment or failure to complete a
12        traffic education program, or both, when so provided by
13        ordinance, the availability of a hearing in which the
14        violation may be contested on its merits, and the time
15        and manner in which the hearing may be had. The notice
16        of violation shall also state that failure to complete
17        a required traffic education program, to pay the
18        indicated fine and any applicable penalty, or to appear
19        at a hearing on the merits in the time and manner
20        specified, will result in a final determination of
21        violation liability for the cited violation in the
22        amount of the fine or penalty indicated, and that, upon
23        the occurrence of a final determination of violation
24        liability for the failure, and the exhaustion of, or
25        failure to exhaust, available administrative or
26        judicial procedures for review, any incomplete traffic

 

 

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1        education program or any unpaid fine or penalty, or
2        both, will constitute a debt due and owing the
3        municipality or county.
4            (ii) A notice of final determination of parking,
5        standing, compliance, automated speed enforcement
6        system, or automated traffic law violation liability.
7        This notice shall be sent following a final
8        determination of parking, standing, compliance,
9        automated speed enforcement system, or automated
10        traffic law violation liability and the conclusion of
11        judicial review procedures taken under this Section.
12        The notice shall state that the incomplete traffic
13        education program or the unpaid fine or penalty, or
14        both, is a debt due and owing the municipality or
15        county. The notice shall contain warnings that failure
16        to complete any required traffic education program or
17        to pay any fine or penalty due and owing the
18        municipality or county, or both, within the time
19        specified may result in the municipality's or county's
20        filing of a petition in the Circuit Court to have the
21        incomplete traffic education program or unpaid fine or
22        penalty, or both, rendered a judgment as provided by
23        this Section, or may result in suspension of the
24        person's drivers license for failure to complete a
25        traffic education program or to pay fines or penalties,
26        or both, for 10 or more parking violations under

 

 

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1        Section 6-306.5, or a combination of 5 or more
2        automated traffic law violations under Section
3        11-208.6 or 11-208.9 or automated speed enforcement
4        system violations under Section 11-208.8.
5        (6) A notice of impending drivers license suspension.
6    This notice shall be sent to the person liable for failure
7    to complete a required traffic education program or to pay
8    any fine or penalty that remains due and owing, or both, on
9    10 or more parking violations or combination of 5 or more
10    unpaid automated speed enforcement system or automated
11    traffic law violations. The notice shall state that failure
12    to complete a required traffic education program or to pay
13    the fine or penalty owing, or both, within 45 days of the
14    notice's date will result in the municipality or county
15    notifying the Secretary of State that the person is
16    eligible for initiation of suspension proceedings under
17    Section 6-306.5 of this Code. The notice shall also state
18    that the person may obtain a photostatic copy of an
19    original ticket imposing a fine or penalty by sending a
20    self addressed, stamped envelope to the municipality or
21    county along with a request for the photostatic copy. The
22    notice of impending drivers license suspension shall be
23    sent by first class United States mail, postage prepaid, to
24    the address recorded with the Secretary of State or, if any
25    notice to that address is returned as undeliverable, to the
26    last known address recorded in a United States Post Office

 

 

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1    approved database.
2        (7) Final determinations of violation liability. A
3    final determination of violation liability shall occur
4    following failure to complete the required traffic
5    education program or to pay the fine or penalty, or both,
6    after a hearing officer's determination of violation
7    liability and the exhaustion of or failure to exhaust any
8    administrative review procedures provided by ordinance.
9    Where a person fails to appear at a hearing to contest the
10    alleged violation in the time and manner specified in a
11    prior mailed notice, the hearing officer's determination
12    of violation liability shall become final: (A) upon denial
13    of a timely petition to set aside that determination, or
14    (B) upon expiration of the period for filing the petition
15    without a filing having been made.
16        (8) A petition to set aside a determination of parking,
17    standing, compliance, automated speed enforcement system,
18    or automated traffic law violation liability that may be
19    filed by a person owing an unpaid fine or penalty. A
20    petition to set aside a determination of liability may also
21    be filed by a person required to complete a traffic
22    education program. The petition shall be filed with and
23    ruled upon by the traffic compliance administrator in the
24    manner and within the time specified by ordinance. The
25    grounds for the petition may be limited to: (A) the person
26    not having been the owner or lessee of the cited vehicle on

 

 

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1    the date the violation notice was issued, (B) the person
2    having already completed the required traffic education
3    program or paid the fine or penalty, or both, for the
4    violation in question, and (C) excusable failure to appear
5    at or request a new date for a hearing. With regard to
6    municipalities or counties with a population of 1 million
7    or more, it shall be grounds for dismissal of a parking
8    violation if the state registration number, or vehicle
9    make, only if specified in the violation notice, is
10    incorrect. After the determination of parking, standing,
11    compliance, automated speed enforcement system, or
12    automated traffic law violation liability has been set
13    aside upon a showing of just cause, the registered owner
14    shall be provided with a hearing on the merits for that
15    violation.
16        (9) Procedures for non-residents. Procedures by which
17    persons who are not residents of the municipality or county
18    may contest the merits of the alleged violation without
19    attending a hearing.
20        (10) A schedule of civil fines for violations of
21    vehicular standing, parking, compliance, automated speed
22    enforcement system, or automated traffic law regulations
23    enacted by ordinance pursuant to this Section, and a
24    schedule of penalties for late payment of the fines or
25    failure to complete required traffic education programs,
26    provided, however, that the total amount of the fine and

 

 

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1    penalty for any one violation shall not exceed $250, except
2    as provided in subsection (c) of Section 11-1301.3 of this
3    Code.
4        (11) Other provisions as are necessary and proper to
5    carry into effect the powers granted and purposes stated in
6    this Section.
7    (c) Any municipality or county establishing vehicular
8standing, parking, compliance, automated speed enforcement
9system, or automated traffic law regulations under this Section
10may also provide by ordinance for a program of vehicle
11immobilization for the purpose of facilitating enforcement of
12those regulations. The program of vehicle immobilization shall
13provide for immobilizing any eligible vehicle upon the public
14way by presence of a restraint in a manner to prevent operation
15of the vehicle. Any ordinance establishing a program of vehicle
16immobilization under this Section shall provide:
17        (1) Criteria for the designation of vehicles eligible
18    for immobilization. A vehicle shall be eligible for
19    immobilization when the registered owner of the vehicle has
20    accumulated the number of incomplete traffic education
21    programs or unpaid final determinations of parking,
22    standing, compliance, automated speed enforcement system,
23    or automated traffic law violation liability, or both, as
24    determined by ordinance.
25        (2) A notice of impending vehicle immobilization and a
26    right to a hearing to challenge the validity of the notice

 

 

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1    by disproving liability for the incomplete traffic
2    education programs or unpaid final determinations of
3    parking, standing, compliance, automated speed enforcement
4    system, or automated traffic law violation liability, or
5    both, listed on the notice.
6        (3) The right to a prompt hearing after a vehicle has
7    been immobilized or subsequently towed without the
8    completion of the required traffic education program or
9    payment of the outstanding fines and penalties on parking,
10    standing, compliance, automated speed enforcement system,
11    or automated traffic law violations, or both, for which
12    final determinations have been issued. An order issued
13    after the hearing is a final administrative decision within
14    the meaning of Section 3-101 of the Code of Civil
15    Procedure.
16        (4) A post immobilization and post-towing notice
17    advising the registered owner of the vehicle of the right
18    to a hearing to challenge the validity of the impoundment.
19    (d) Judicial review of final determinations of parking,
20standing, compliance, automated speed enforcement system, or
21automated traffic law violations and final administrative
22decisions issued after hearings regarding vehicle
23immobilization and impoundment made under this Section shall be
24subject to the provisions of the Administrative Review Law.
25    (e) Any fine, penalty, incomplete traffic education
26program, or part of any fine or any penalty remaining unpaid

 

 

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1after the exhaustion of, or the failure to exhaust,
2administrative remedies created under this Section and the
3conclusion of any judicial review procedures shall be a debt
4due and owing the municipality or county and, as such, may be
5collected in accordance with applicable law. Completion of any
6required traffic education program and payment in full of any
7fine or penalty resulting from a standing, parking, compliance,
8automated speed enforcement system, or automated traffic law
9violation shall constitute a final disposition of that
10violation.
11    (f) After the expiration of the period within which
12judicial review may be sought for a final determination of
13parking, standing, compliance, automated speed enforcement
14system, or automated traffic law violation, the municipality or
15county may commence a proceeding in the Circuit Court for
16purposes of obtaining a judgment on the final determination of
17violation. Nothing in this Section shall prevent a municipality
18or county from consolidating multiple final determinations of
19parking, standing, compliance, automated speed enforcement
20system, or automated traffic law violations against a person in
21a proceeding. Upon commencement of the action, the municipality
22or county shall file a certified copy or record of the final
23determination of parking, standing, compliance, automated
24speed enforcement system, or automated traffic law violation,
25which shall be accompanied by a certification that recites
26facts sufficient to show that the final determination of

 

 

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1violation was issued in accordance with this Section and the
2applicable municipal or county ordinance. Service of the
3summons and a copy of the petition may be by any method
4provided by Section 2-203 of the Code of Civil Procedure or by
5certified mail, return receipt requested, provided that the
6total amount of fines and penalties for final determinations of
7parking, standing, compliance, automated speed enforcement
8system, or automated traffic law violations does not exceed
9$2500. If the court is satisfied that the final determination
10of parking, standing, compliance, automated speed enforcement
11system, or automated traffic law violation was entered in
12accordance with the requirements of this Section and the
13applicable municipal or county ordinance, and that the
14registered owner or the lessee, as the case may be, had an
15opportunity for an administrative hearing and for judicial
16review as provided in this Section, the court shall render
17judgment in favor of the municipality or county and against the
18registered owner or the lessee for the amount indicated in the
19final determination of parking, standing, compliance,
20automated speed enforcement system, or automated traffic law
21violation, plus costs. The judgment shall have the same effect
22and may be enforced in the same manner as other judgments for
23the recovery of money.
24    (g) The fee for participating in a traffic education
25program under this Section shall not exceed $25.
26    A low-income individual required to complete a traffic

 

 

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1education program under this Section who provides proof of
2eligibility for the federal earned income tax credit under
3Section 32 of the Internal Revenue Code or the Illinois earned
4income tax credit under Section 212 of the Illinois Income Tax
5Act shall not be required to pay any fee for participating in a
6required traffic education program.
7(Source: P.A. 97-29, eff. 1-1-12; 97-333, eff. 8-12-11; 97-672,
8eff. 7-1-12; 98-556, eff. 1-1-14; 98-1028, eff. 8-22-14.)
 
9
Article 99.

 
10    Section 99-97. Severability. The provisions of this Act are
11severable under Section 1.31 of the Statute on Statutes.
 
12    Section 99-99. Effective date. This Act takes effect
13January 1, 2020, except that the changes to Section 2 of the
14Motor Fuel Tax Law, Section 6-118 of the Illinois Vehicle Code,
15and this Section take effect upon becoming law.".