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| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB3236 Introduced 2/1/2012, by Sen. Martin A. Sandoval SYNOPSIS AS INTRODUCED: |
| 30 ILCS 105/8.3 | from Ch. 127, par. 144.3 | 35 ILCS 505/1.30 new | | 35 ILCS 505/1.31 new | | 35 ILCS 505/2 | from Ch. 120, par. 418 | 35 ILCS 505/8 | from Ch. 120, par. 424 |
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Amends the Motor Fuel Tax Law. Provides that the rate of tax imposed on sales of motor fuel and diesel fuel within the metropolitan region shall be increased or decreased on January 1 of each calendar year beginning in 2013 by an amount equal to the percentage change (if any) in the consumer price index during the previous calendar year. Provides that the metropolitan region means all territory included within the territory of the Regional Transportation Authority. Provides that, beginning on February 1, 2013, each month the State Comptroller and the State Treasurer shall transfer from the Road Fund to the Public Transportation Fund an amount equal to the difference between the amount collected in the previous month from within the metropolitan region and the amount that would have been collected from within the metropolitan region if the tax had been imposed at the rate in effect for areas outside of the metropolitan region. Amends the State Finance Act to make conforming changes. Effective immediately.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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1 | | AN ACT concerning revenue.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The State Finance Act is amended by changing |
5 | | Section 8.3 as follows: |
6 | | (30 ILCS 105/8.3) (from Ch. 127, par. 144.3) |
7 | | Sec. 8.3. Money in the Road Fund shall, if and when the |
8 | | State of
Illinois incurs any bonded indebtedness for the |
9 | | construction of
permanent highways, be set aside and used for |
10 | | the purpose of paying and
discharging annually the principal |
11 | | and interest on that bonded
indebtedness then due and payable, |
12 | | and for no other purpose. The
surplus, if any, in the Road Fund |
13 | | after the payment of principal and
interest on that bonded |
14 | | indebtedness then annually due shall be used as
follows: |
15 | | first -- to pay the cost of administration of Chapters |
16 | | 2 through 10 of
the Illinois Vehicle Code, except the cost |
17 | | of administration of Articles I and
II of Chapter 3 of that |
18 | | Code; and |
19 | | secondly -- for expenses of the Department of |
20 | | Transportation for
construction, reconstruction, |
21 | | improvement, repair, maintenance,
operation, and |
22 | | administration of highways in accordance with the
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23 | | provisions of laws relating thereto, or for any purpose |
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1 | | related or
incident to and connected therewith, including |
2 | | the separation of grades
of those highways with railroads |
3 | | and with highways and including the
payment of awards made |
4 | | by the Illinois Workers' Compensation Commission under the |
5 | | terms of
the Workers' Compensation Act or Workers' |
6 | | Occupational Diseases Act for
injury or death of an |
7 | | employee of the Division of Highways in the
Department of |
8 | | Transportation; or for the acquisition of land and the
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9 | | erection of buildings for highway purposes, including the |
10 | | acquisition of
highway right-of-way or for investigations |
11 | | to determine the reasonably
anticipated future highway |
12 | | needs; or for making of surveys, plans,
specifications and |
13 | | estimates for and in the construction and maintenance
of |
14 | | flight strips and of highways necessary to provide access |
15 | | to military
and naval reservations, to defense industries |
16 | | and defense-industry
sites, and to the sources of raw |
17 | | materials and for replacing existing
highways and highway |
18 | | connections shut off from general public use at
military |
19 | | and naval reservations and defense-industry sites, or for |
20 | | the
purchase of right-of-way, except that the State shall |
21 | | be reimbursed in
full for any expense incurred in building |
22 | | the flight strips; or for the
operating and maintaining of |
23 | | highway garages; or for patrolling and
policing the public |
24 | | highways and conserving the peace; or for the operating |
25 | | expenses of the Department relating to the administration |
26 | | of public transportation programs; or, during fiscal year |
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1 | | 2012 only, for the purposes of a grant not to exceed |
2 | | $8,500,000 to the Regional Transportation Authority on |
3 | | behalf of PACE for the purpose of ADA/Para-transit |
4 | | expenses; or for any of
those purposes or any other purpose |
5 | | that may be provided by law. |
6 | | Appropriations for any of those purposes are payable from |
7 | | the Road
Fund. Appropriations may also be made from the Road |
8 | | Fund for the
administrative expenses of any State agency that |
9 | | are related to motor
vehicles or arise from the use of motor |
10 | | vehicles. |
11 | | Beginning with fiscal year 1980 and thereafter, no Road |
12 | | Fund monies
shall be appropriated to the following Departments |
13 | | or agencies of State
government for administration, grants, or |
14 | | operations; but this
limitation is not a restriction upon |
15 | | appropriating for those purposes any
Road Fund monies that are |
16 | | eligible for federal reimbursement; |
17 | | 1. Department of Public Health; |
18 | | 2. Department of Transportation, only with respect to |
19 | | subsidies for
one-half fare Student Transportation and |
20 | | Reduced Fare for Elderly, except during fiscal year 2012 |
21 | | only when no more than $40,000,000 may be expended; |
22 | | 3. Department of Central Management
Services, except |
23 | | for expenditures
incurred for group insurance premiums of |
24 | | appropriate personnel; |
25 | | 4. Judicial Systems and Agencies. |
26 | | Beginning with fiscal year 1981 and thereafter, no Road |
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1 | | Fund monies
shall be appropriated to the following Departments |
2 | | or agencies of State
government for administration, grants, or |
3 | | operations; but this
limitation is not a restriction upon |
4 | | appropriating for those purposes any
Road Fund monies that are |
5 | | eligible for federal reimbursement: |
6 | | 1. Department of State Police, except for expenditures |
7 | | with
respect to the Division of Operations; |
8 | | 2. Department of Transportation, only with respect to |
9 | | Intercity Rail
Subsidies, except during fiscal year 2012 |
10 | | only when no more than $40,000,000 may be expended, and |
11 | | Rail Freight Services. |
12 | | Beginning with fiscal year 1982 and thereafter, no Road |
13 | | Fund monies
shall be appropriated to the following Departments |
14 | | or agencies of State
government for administration, grants, or |
15 | | operations; but this
limitation is not a restriction upon |
16 | | appropriating for those purposes any
Road Fund monies that are |
17 | | eligible for federal reimbursement: Department
of Central |
18 | | Management Services, except for awards made by
the Illinois |
19 | | Workers' Compensation Commission under the terms of the |
20 | | Workers' Compensation Act
or Workers' Occupational Diseases |
21 | | Act for injury or death of an employee of
the Division of |
22 | | Highways in the Department of Transportation. |
23 | | Beginning with fiscal year 1984 and thereafter, no Road |
24 | | Fund monies
shall be appropriated to the following Departments |
25 | | or agencies of State
government for administration, grants, or |
26 | | operations; but this
limitation is not a restriction upon |
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1 | | appropriating for those purposes any
Road Fund monies that are |
2 | | eligible for federal reimbursement: |
3 | | 1. Department of State Police, except not more than 40% |
4 | | of the
funds appropriated for the Division of Operations; |
5 | | 2. State Officers. |
6 | | Beginning with fiscal year 1984 and thereafter, no Road |
7 | | Fund monies
shall be appropriated to any Department or agency |
8 | | of State government
for administration, grants, or operations |
9 | | except as provided hereafter;
but this limitation is not a |
10 | | restriction upon appropriating for those
purposes any Road Fund |
11 | | monies that are eligible for federal
reimbursement. It shall |
12 | | not be lawful to circumvent the above
appropriation limitations |
13 | | by governmental reorganization or other
methods. |
14 | | Appropriations shall be made from the Road Fund only in
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15 | | accordance with the provisions of this Section. |
16 | | Money in the Road Fund shall, if and when the State of |
17 | | Illinois
incurs any bonded indebtedness for the construction of |
18 | | permanent
highways, be set aside and used for the purpose of |
19 | | paying and
discharging during each fiscal year the principal |
20 | | and interest on that
bonded indebtedness as it becomes due and |
21 | | payable as provided in the
Transportation Bond Act, and for no |
22 | | other
purpose. The surplus, if any, in the Road Fund after the |
23 | | payment of
principal and interest on that bonded indebtedness |
24 | | then annually due
shall be used as follows: |
25 | | first -- to pay the cost of administration of Chapters |
26 | | 2 through 10
of the Illinois Vehicle Code; and |
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1 | | secondly -- no Road Fund monies derived from fees, |
2 | | excises, or
license taxes relating to registration, |
3 | | operation and use of vehicles on
public highways or to |
4 | | fuels used for the propulsion of those vehicles,
shall be |
5 | | appropriated or expended other than for costs of |
6 | | administering
the laws imposing those fees, excises, and |
7 | | license taxes, statutory
refunds and adjustments allowed |
8 | | thereunder, administrative costs of the
Department of |
9 | | Transportation, including, but not limited to, the |
10 | | operating expenses of the Department relating to the |
11 | | administration of public transportation programs, payment |
12 | | of debts and liabilities incurred
in construction and |
13 | | reconstruction of public highways and bridges,
acquisition |
14 | | of rights-of-way for and the cost of construction,
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15 | | reconstruction, maintenance, repair, and operation of |
16 | | public highways and
bridges under the direction and |
17 | | supervision of the State, political
subdivision, or |
18 | | municipality collecting those monies, or during fiscal |
19 | | year 2012 only for the purposes of a grant not to exceed |
20 | | $8,500,000 to the Regional Transportation Authority on |
21 | | behalf of PACE for the purpose of ADA/Para-transit |
22 | | expenses, and the costs for
patrolling and policing the |
23 | | public highways (by State, political
subdivision, or |
24 | | municipality collecting that money) for enforcement of
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25 | | traffic laws. The separation of grades of such highways |
26 | | with railroads
and costs associated with protection of |
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1 | | at-grade highway and railroad
crossing shall also be |
2 | | permissible. |
3 | | Appropriations for any of such purposes are payable from |
4 | | the Road
Fund or the Grade Crossing Protection Fund as provided |
5 | | in Section 8 of
the Motor Fuel Tax Law. |
6 | | Except as provided in this paragraph, beginning with fiscal |
7 | | year 1991 and
thereafter, no Road Fund monies
shall be |
8 | | appropriated to the Department of State Police for the purposes |
9 | | of
this Section in excess of its total fiscal year 1990 Road |
10 | | Fund
appropriations for those purposes unless otherwise |
11 | | provided in Section 5g of
this Act.
For fiscal years 2003,
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12 | | 2004, 2005, 2006, and 2007 only, no Road Fund monies shall
be |
13 | | appropriated to the
Department of State Police for the purposes |
14 | | of this Section in excess of
$97,310,000.
For fiscal year 2008 |
15 | | only, no Road
Fund monies shall be appropriated to the |
16 | | Department of State Police for the purposes of
this Section in |
17 | | excess of $106,100,000. For fiscal year 2009 only, no Road Fund |
18 | | monies shall be appropriated to the Department of State Police |
19 | | for the purposes of this Section in excess of $114,700,000. |
20 | | Beginning in fiscal year 2010, no road fund moneys shall be |
21 | | appropriated to the Department of State Police. It shall not be |
22 | | lawful to circumvent this limitation on
appropriations by |
23 | | governmental reorganization or other methods unless
otherwise |
24 | | provided in Section 5g of this Act. |
25 | | In fiscal year 1994, no Road Fund monies shall be |
26 | | appropriated
to the
Secretary of State for the purposes of this |
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1 | | Section in excess of the total
fiscal year 1991 Road Fund |
2 | | appropriations to the Secretary of State for
those purposes, |
3 | | plus $9,800,000. It
shall not be
lawful to circumvent
this |
4 | | limitation on appropriations by governmental reorganization or |
5 | | other
method. |
6 | | Beginning with fiscal year 1995 and thereafter, no Road |
7 | | Fund
monies
shall be appropriated to the Secretary of State for |
8 | | the purposes of this
Section in excess of the total fiscal year |
9 | | 1994 Road Fund
appropriations to
the Secretary of State for |
10 | | those purposes. It shall not be lawful to
circumvent this |
11 | | limitation on appropriations by governmental reorganization
or |
12 | | other methods. |
13 | | Beginning with fiscal year 2000, total Road Fund |
14 | | appropriations to the
Secretary of State for the purposes of |
15 | | this Section shall not exceed the
amounts specified for the |
16 | | following fiscal years: |
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17 | | Fiscal Year 2000 | $80,500,000; | |
18 | | Fiscal Year 2001 | $80,500,000; | |
19 | | Fiscal Year 2002 | $80,500,000; | |
20 | | Fiscal Year 2003 | $130,500,000; | |
21 | | Fiscal Year 2004 | $130,500,000; | |
22 | | Fiscal Year 2005 | $130,500,000;
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23 | | Fiscal Year 2006
| $130,500,000;
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24 | | Fiscal Year 2007
| $130,500,000;
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25 | | Fiscal Year 2008 | $130,500,000; | |
26 | | Fiscal Year 2009 | $130,500,000. |
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1 | | For fiscal year 2010, no road fund moneys shall be |
2 | | appropriated to the Secretary of State. |
3 | | Beginning in fiscal year 2011, moneys in the Road Fund |
4 | | shall be appropriated to the Secretary of State for the |
5 | | exclusive purpose of paying refunds due to overpayment of fees |
6 | | related to Chapter 3 of the Illinois Vehicle Code unless |
7 | | otherwise provided for by law. |
8 | | It shall not be lawful to circumvent this limitation on |
9 | | appropriations by
governmental reorganization or other |
10 | | methods. |
11 | | No new program may be initiated in fiscal year 1991 and
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12 | | thereafter that is not consistent with the limitations imposed |
13 | | by this
Section for fiscal year 1984 and thereafter, insofar as |
14 | | appropriation of
Road Fund monies is concerned. |
15 | | Nothing in this Section prohibits transfers from the Road |
16 | | Fund to the
State Construction Account Fund under Section 5e of |
17 | | this Act; nor to the
General Revenue Fund, as authorized by |
18 | | this amendatory Act of
the 93rd
General Assembly. |
19 | | Nothing in this Section prohibits transfers from the Road |
20 | | Fund to the Public Transportation Fund, as authorized under |
21 | | Section 8 of the Motor Fuel Tax Law. |
22 | | The additional amounts authorized for expenditure in this |
23 | | Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91
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24 | | shall be repaid to the Road Fund
from the General Revenue Fund |
25 | | in the next succeeding fiscal year that the
General Revenue |
26 | | Fund has a positive budgetary balance, as determined by
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1 | | generally accepted accounting principles applicable to |
2 | | government. |
3 | | The additional amounts authorized for expenditure by the |
4 | | Secretary of State
and
the Department of State Police in this |
5 | | Section by this amendatory Act of the
94th General Assembly |
6 | | shall be repaid to the Road Fund from the General Revenue Fund |
7 | | in the
next
succeeding fiscal year that the General Revenue |
8 | | Fund has a positive budgetary
balance,
as determined by |
9 | | generally accepted accounting principles applicable to
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10 | | government. |
11 | | (Source: P.A. 96-34, eff. 7-13-09; 96-959, eff. 7-1-10; 97-72, |
12 | | eff. 7-1-11.) |
13 | | Section 10. The Motor Fuel Tax Law is amended by changing |
14 | | Sections 2 and 8 and by adding Sections 1.30 and 1.31 as |
15 | | follows: |
16 | | (35 ILCS 505/1.30 new) |
17 | | Sec. 1.30. Consumer Price Index. "Consumer Price Index" |
18 | | means
the index published by the Bureau of Labor Statistics of |
19 | | the United States
Department of Labor, or any successor agency, |
20 | | that measures the average change in prices of goods and
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21 | | services purchased by all urban consumers (United States city |
22 | | average, all
items). |
23 | | (35 ILCS 505/1.31 new) |
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1 | | Sec. 1.31. Metropolitan region. "Metropolitan region" has |
2 | | the meaning ascribed to that term in the Regional |
3 | | Transportation Authority Act.
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4 | | (35 ILCS 505/2) (from Ch. 120, par. 418)
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5 | | Sec. 2.
A tax is imposed on the privilege of operating |
6 | | motor vehicles
upon the public highways and recreational-type |
7 | | watercraft upon the waters
of this State.
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8 | | (a) Prior to August 1, 1989, the tax is imposed at the rate |
9 | | of 13 cents
per gallon on all motor fuel used in motor vehicles |
10 | | operating on the public
highways and recreational type |
11 | | watercraft operating upon the waters of this
State. Beginning |
12 | | on August 1, 1989 and until January 1, 1990, the rate of the
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13 | | tax imposed in this paragraph shall be 16 cents per gallon. |
14 | | Beginning January
1, 1990, the rate of tax imposed in this |
15 | | paragraph shall be 19 cents per
gallon.
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16 | | (b) The tax on the privilege of operating motor vehicles |
17 | | which use diesel
fuel shall be the rate according to paragraph |
18 | | (a) plus an additional 2 1/2
cents per gallon. "Diesel fuel" is |
19 | | defined as any product
intended
for use or offered for sale as |
20 | | a fuel for engines in which the fuel is injected
into the |
21 | | combustion chamber and ignited by pressure without electric |
22 | | spark.
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23 | | (c) A tax is imposed upon the privilege of engaging in the |
24 | | business of
selling motor fuel as a retailer or reseller on all |
25 | | motor fuel used in motor
vehicles operating on the public |
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1 | | highways and recreational type watercraft
operating upon the |
2 | | waters of this State: (1) at the rate of 3 cents per gallon
on |
3 | | motor fuel owned or possessed by such retailer or reseller at |
4 | | 12:01 a.m. on
August 1, 1989; and (2) at the rate of 3 cents per |
5 | | gallon on motor fuel owned
or possessed by such retailer or |
6 | | reseller at 12:01 A.M. on January 1, 1990.
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7 | | Retailers and resellers who are subject to this additional |
8 | | tax shall be
required to inventory such motor fuel and pay this |
9 | | additional tax in a
manner prescribed by the Department of |
10 | | Revenue.
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11 | | The tax imposed in this paragraph (c) shall be in addition |
12 | | to all other
taxes imposed by the State of Illinois or any unit |
13 | | of local government in this
State.
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14 | | (c-5) The taxes imposed under this Section on sales of |
15 | | motor fuel and diesel fuel within the metropolitan region shall |
16 | | be increased or decreased on January 1 of each calendar year |
17 | | beginning in 2013 by an amount equal to the percentage change |
18 | | (if any) in the consumer price index in the previous calendar |
19 | | year. |
20 | | (d) Except as provided in Section 2a, the collection of a |
21 | | tax based on
gallonage of gasoline used for the propulsion of |
22 | | any aircraft is prohibited
on and after October 1, 1979.
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23 | | (e) The collection of a tax, based on gallonage of all |
24 | | products commonly or
commercially known or sold as 1-K |
25 | | kerosene, regardless of its classification
or uses, is |
26 | | prohibited (i) on and after July 1, 1992 until December 31, |
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1 | | 1999,
except when the 1-K kerosene is either: (1) delivered |
2 | | into bulk storage
facilities of a bulk user, or (2) delivered |
3 | | directly into the fuel supply tanks
of motor vehicles and (ii) |
4 | | on and after January 1, 2000. Beginning on January
1, 2000, the |
5 | | collection of a tax, based on gallonage of all products |
6 | | commonly
or commercially known or sold as 1-K kerosene, |
7 | | regardless of its classification
or uses, is prohibited except |
8 | | when the 1-K kerosene is delivered directly into
a storage tank |
9 | | that is located at a facility that has withdrawal facilities
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10 | | that are readily accessible to and are capable of dispensing |
11 | | 1-K kerosene into
the fuel supply tanks of motor vehicles. For |
12 | | purposes of this subsection (e), a facility is considered to |
13 | | have withdrawal facilities that are not "readily accessible to |
14 | | and capable of dispensing 1-K kerosene into the fuel supply |
15 | | tanks of motor vehicles" only if the 1-K kerosene is delivered |
16 | | from: (i) a dispenser hose that is short enough so that it will |
17 | | not reach the fuel supply tank of a motor vehicle or (ii) a |
18 | | dispenser that is enclosed by a fence or other physical barrier |
19 | | so that a vehicle cannot pull alongside the dispenser to permit |
20 | | fueling.
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21 | | Any person who sells or uses 1-K kerosene for use in motor |
22 | | vehicles upon
which the tax imposed by this Law has not been |
23 | | paid shall be liable for any
tax due on the sales or use of 1-K |
24 | | kerosene.
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25 | | (Source: P.A. 96-1384, eff. 7-29-10.)
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1 | | (35 ILCS 505/8) (from Ch. 120, par. 424)
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2 | | Sec. 8. Except as provided in Section 8a, subdivision
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3 | | (h)(1) of Section 12a, Section 13a.6, and items
13, 14, 15, and |
4 | | 16 of Section 15, all money received by the Department under
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5 | | this Act, including payments made to the Department by
member |
6 | | jurisdictions participating in the International Fuel Tax |
7 | | Agreement,
shall be deposited in a special fund in the State |
8 | | treasury, to be known as the
"Motor Fuel Tax Fund", and shall |
9 | | be used as follows:
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10 | | (a) 2 1/2 cents per gallon of the tax collected on special |
11 | | fuel under
paragraph (b) of Section 2 and Section 13a of this |
12 | | Act shall be transferred
to the State Construction Account Fund |
13 | | in the State Treasury;
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14 | | (b) $420,000 shall be transferred each month to the State |
15 | | Boating Act
Fund to be used by the Department of Natural |
16 | | Resources for the purposes
specified in Article X of the Boat |
17 | | Registration and Safety Act;
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18 | | (c) $3,500,000 shall be transferred each month to the Grade |
19 | | Crossing
Protection Fund to be used as follows: not less than |
20 | | $12,000,000 each fiscal
year shall be used for the construction |
21 | | or reconstruction of rail highway grade
separation structures; |
22 | | $2,250,000 in fiscal years 2004 through 2009 and $3,000,000 in |
23 | | fiscal year 2010 and each fiscal
year
thereafter shall be |
24 | | transferred to the Transportation
Regulatory Fund and shall be |
25 | | accounted for as part of the rail carrier
portion of such funds |
26 | | and shall be used to pay the cost of administration
of the |
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1 | | Illinois Commerce Commission's railroad safety program in |
2 | | connection
with its duties under subsection (3) of Section |
3 | | 18c-7401 of the Illinois
Vehicle Code, with the remainder to be |
4 | | used by the Department of Transportation
upon order of the |
5 | | Illinois Commerce Commission, to pay that part of the
cost |
6 | | apportioned by such Commission to the State to cover the |
7 | | interest
of the public in the use of highways, roads, streets, |
8 | | or
pedestrian walkways in the
county highway system, township |
9 | | and district road system, or municipal
street system as defined |
10 | | in the Illinois Highway Code, as the same may
from time to time |
11 | | be amended, for separation of grades, for installation,
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12 | | construction or reconstruction of crossing protection or |
13 | | reconstruction,
alteration, relocation including construction |
14 | | or improvement of any
existing highway necessary for access to |
15 | | property or improvement of any
grade crossing and grade |
16 | | crossing surface including the necessary highway approaches |
17 | | thereto of any
railroad across the highway or public road, or |
18 | | for the installation,
construction, reconstruction, or |
19 | | maintenance of a pedestrian walkway over or
under a railroad |
20 | | right-of-way, as provided for in and in
accordance with Section |
21 | | 18c-7401 of the Illinois Vehicle Code.
The Commission may order |
22 | | up to $2,000,000 per year in Grade Crossing Protection Fund |
23 | | moneys for the improvement of grade crossing surfaces and up to |
24 | | $300,000 per year for the maintenance and renewal of 4-quadrant |
25 | | gate vehicle detection systems located at non-high speed rail |
26 | | grade crossings. The Commission shall not order more than |
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1 | | $2,000,000 per year in Grade
Crossing Protection Fund moneys |
2 | | for pedestrian walkways.
In entering orders for projects for |
3 | | which payments from the Grade Crossing
Protection Fund will be |
4 | | made, the Commission shall account for expenditures
authorized |
5 | | by the orders on a cash rather than an accrual basis. For |
6 | | purposes
of this requirement an "accrual basis" assumes that |
7 | | the total cost of the
project is expended in the fiscal year in |
8 | | which the order is entered, while a
"cash basis" allocates the |
9 | | cost of the project among fiscal years as
expenditures are |
10 | | actually made. To meet the requirements of this subsection,
the |
11 | | Illinois Commerce Commission shall develop annual and 5-year |
12 | | project plans
of rail crossing capital improvements that will |
13 | | be paid for with moneys from
the Grade Crossing Protection |
14 | | Fund. The annual project plan shall identify
projects for the |
15 | | succeeding fiscal year and the 5-year project plan shall
|
16 | | identify projects for the 5 directly succeeding fiscal years. |
17 | | The Commission
shall submit the annual and 5-year project plans |
18 | | for this Fund to the Governor,
the President of the Senate, the |
19 | | Senate Minority Leader, the Speaker of the
House of |
20 | | Representatives, and the Minority Leader of the House of
|
21 | | Representatives on
the first Wednesday in April of each year;
|
22 | | (d) of the amount remaining after allocations provided for |
23 | | in
subsections (a), (b) and (c), a sufficient amount shall be |
24 | | reserved to
pay all of the following:
|
25 | | (1) the costs of the Department of Revenue in |
26 | | administering this
Act;
|
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1 | | (2) the costs of the Department of Transportation in |
2 | | performing its
duties imposed by the Illinois Highway Code |
3 | | for supervising the use of motor
fuel tax funds apportioned |
4 | | to municipalities, counties and road districts;
|
5 | | (3) refunds provided for in Section 13, refunds for |
6 | | overpayment of decal fees paid under Section 13a.4 of this |
7 | | Act, and refunds provided for under the terms
of the |
8 | | International Fuel Tax Agreement referenced in Section |
9 | | 14a;
|
10 | | (4) from October 1, 1985 until June 30, 1994, the |
11 | | administration of the
Vehicle Emissions Inspection Law, |
12 | | which amount shall be certified monthly by
the |
13 | | Environmental Protection Agency to the State Comptroller |
14 | | and shall promptly
be transferred by the State Comptroller |
15 | | and Treasurer from the Motor Fuel Tax
Fund to the Vehicle |
16 | | Inspection Fund, and for the period July 1, 1994 through
|
17 | | June 30, 2000, one-twelfth of $25,000,000 each month, for |
18 | | the period July 1, 2000 through June 30, 2003,
one-twelfth |
19 | | of
$30,000,000
each month,
and $15,000,000 on July 1, 2003, |
20 | | and $15,000,000 on January 1, 2004, and $15,000,000
on
each
|
21 | | July
1 and October 1, or as soon thereafter as may be |
22 | | practical, during the period July 1, 2004 through June 30, |
23 | | 2012,
for the administration of the Vehicle Emissions |
24 | | Inspection Law of
2005, to be transferred by the State |
25 | | Comptroller and Treasurer from the Motor
Fuel Tax Fund into |
26 | | the Vehicle Inspection Fund;
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1 | | (5) amounts ordered paid by the Court of Claims; and
|
2 | | (6) payment of motor fuel use taxes due to member |
3 | | jurisdictions under
the terms of the International Fuel Tax |
4 | | Agreement. The Department shall
certify these amounts to |
5 | | the Comptroller by the 15th day of each month; the
|
6 | | Comptroller shall cause orders to be drawn for such |
7 | | amounts, and the Treasurer
shall administer those amounts |
8 | | on or before the last day of each month;
|
9 | | (e) after allocations for the purposes set forth in |
10 | | subsections
(a), (b), (c) and (d), the remaining amount shall |
11 | | be apportioned as follows:
|
12 | | (1) Until January 1, 2000, 58.4%, and beginning January |
13 | | 1, 2000, 45.6%
shall be deposited as follows:
|
14 | | (A) 37% into the State Construction Account Fund, |
15 | | and
|
16 | | (B) 63% into the Road Fund, $1,250,000 of which |
17 | | shall be reserved each
month for the Department of |
18 | | Transportation to be used in accordance with
the |
19 | | provisions of Sections 6-901 through 6-906 of the |
20 | | Illinois Highway Code;
|
21 | | (2) Until January 1, 2000, 41.6%, and beginning January |
22 | | 1, 2000, 54.4%
shall be transferred to the Department of |
23 | | Transportation to be
distributed as follows:
|
24 | | (A) 49.10% to the municipalities of the State,
|
25 | | (B) 16.74% to the counties of the State having |
26 | | 1,000,000 or more inhabitants,
|
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1 | | (C) 18.27% to the counties of the State having less |
2 | | than 1,000,000 inhabitants,
|
3 | | (D) 15.89% to the road districts of the State.
|
4 | | As soon as may be after the first day of each month the |
5 | | Department of
Transportation shall allot to each municipality |
6 | | its share of the amount
apportioned to the several |
7 | | municipalities which shall be in proportion
to the population |
8 | | of such municipalities as determined by the last
preceding |
9 | | municipal census if conducted by the Federal Government or
|
10 | | Federal census. If territory is annexed to any municipality |
11 | | subsequent
to the time of the last preceding census the |
12 | | corporate authorities of
such municipality may cause a census |
13 | | to be taken of such annexed
territory and the population so |
14 | | ascertained for such territory shall be
added to the population |
15 | | of the municipality as determined by the last
preceding census |
16 | | for the purpose of determining the allotment for that
|
17 | | municipality. If the population of any municipality was not |
18 | | determined
by the last Federal census preceding any |
19 | | apportionment, the
apportionment to such municipality shall be |
20 | | in accordance with any
census taken by such municipality. Any |
21 | | municipal census used in
accordance with this Section shall be |
22 | | certified to the Department of
Transportation by the clerk of |
23 | | such municipality, and the accuracy
thereof shall be subject to |
24 | | approval of the Department which may make
such corrections as |
25 | | it ascertains to be necessary.
|
26 | | As soon as may be after the first day of each month the |
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1 | | Department of
Transportation shall allot to each county its |
2 | | share of the amount
apportioned to the several counties of the |
3 | | State as herein provided.
Each allotment to the several |
4 | | counties having less than 1,000,000
inhabitants shall be in |
5 | | proportion to the amount of motor vehicle
license fees received |
6 | | from the residents of such counties, respectively,
during the |
7 | | preceding calendar year. The Secretary of State shall, on or
|
8 | | before April 15 of each year, transmit to the Department of
|
9 | | Transportation a full and complete report showing the amount of |
10 | | motor
vehicle license fees received from the residents of each |
11 | | county,
respectively, during the preceding calendar year. The |
12 | | Department of
Transportation shall, each month, use for |
13 | | allotment purposes the last
such report received from the |
14 | | Secretary of State.
|
15 | | As soon as may be after the first day of each month, the |
16 | | Department
of Transportation shall allot to the several |
17 | | counties their share of the
amount apportioned for the use of |
18 | | road districts. The allotment shall
be apportioned among the |
19 | | several counties in the State in the proportion
which the total |
20 | | mileage of township or district roads in the respective
|
21 | | counties bears to the total mileage of all township and |
22 | | district roads
in the State. Funds allotted to the respective |
23 | | counties for the use of
road districts therein shall be |
24 | | allocated to the several road districts
in the county in the |
25 | | proportion which the total mileage of such township
or district |
26 | | roads in the respective road districts bears to the total
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1 | | mileage of all such township or district roads in the county. |
2 | | After
July 1 of any year prior to 2011, no allocation shall be |
3 | | made for any road district
unless it levied a tax for road and |
4 | | bridge purposes in an amount which
will require the extension |
5 | | of such tax against the taxable property in
any such road |
6 | | district at a rate of not less than either .08% of the value
|
7 | | thereof, based upon the assessment for the year immediately |
8 | | prior to the year
in which such tax was levied and as equalized |
9 | | by the Department of Revenue
or, in DuPage County, an amount |
10 | | equal to or greater than $12,000 per mile of
road under the |
11 | | jurisdiction of the road district, whichever is less. Beginning |
12 | | July 1, 2011 and each July 1 thereafter, an allocation shall be |
13 | | made for any road district
if it levied a tax for road and |
14 | | bridge purposes. In counties other than DuPage County, if the |
15 | | amount of the tax levy requires the extension of the tax |
16 | | against the taxable property in
the road district at a rate |
17 | | that is less than 0.08% of the value
thereof, based upon the |
18 | | assessment for the year immediately prior to the year
in which |
19 | | the tax was levied and as equalized by the Department of |
20 | | Revenue, then the amount of the allocation for that road |
21 | | district shall be a percentage of the maximum allocation equal |
22 | | to the percentage obtained by dividing the rate extended by the |
23 | | district by 0.08%. In DuPage County, if the amount of the tax |
24 | | levy requires the extension of the tax against the taxable |
25 | | property in
the road district at a rate that is less than the |
26 | | lesser of (i) 0.08% of the value
of the taxable property in the |
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1 | | road district, based upon the assessment for the year |
2 | | immediately prior to the year
in which such tax was levied and |
3 | | as equalized by the Department of Revenue,
or (ii) a rate that |
4 | | will yield an amount equal to $12,000 per mile of
road under |
5 | | the jurisdiction of the road district, then the amount of the |
6 | | allocation for the road district shall be a percentage of the |
7 | | maximum allocation equal to the percentage obtained by dividing |
8 | | the rate extended by the district by the lesser of (i) 0.08% or |
9 | | (ii) the rate that will yield an amount equal to $12,000 per |
10 | | mile of
road under the jurisdiction of the road district. |
11 | | Prior to 2011, if any
road district has levied a special |
12 | | tax for road purposes
pursuant to Sections 6-601, 6-602 and |
13 | | 6-603 of the Illinois Highway Code, and
such tax was levied in |
14 | | an amount which would require extension at a
rate of not less |
15 | | than .08% of the value of the taxable property thereof,
as |
16 | | equalized or assessed by the Department of Revenue,
or, in |
17 | | DuPage County, an amount equal to or greater than $12,000 per |
18 | | mile of
road under the jurisdiction of the road district, |
19 | | whichever is less,
such levy shall, however, be deemed a proper |
20 | | compliance with this
Section and shall qualify such road |
21 | | district for an allotment under this
Section. Beginning in 2011 |
22 | | and thereafter, if any
road district has levied a special tax |
23 | | for road purposes
under Sections 6-601, 6-602, and 6-603 of the |
24 | | Illinois Highway Code, and
the tax was levied in an amount that |
25 | | would require extension at a
rate of not less than 0.08% of the |
26 | | value of the taxable property of that road district,
as |
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1 | | equalized or assessed by the Department of Revenue or, in |
2 | | DuPage County, an amount equal to or greater than $12,000 per |
3 | | mile of road under the jurisdiction of the road district, |
4 | | whichever is less, that levy shall be deemed a proper |
5 | | compliance with this
Section and shall qualify such road |
6 | | district for a full, rather than proportionate, allotment under |
7 | | this
Section. If the levy for the special tax is less than |
8 | | 0.08% of the value of the taxable property, or, in DuPage |
9 | | County if the levy for the special tax is less than the lesser |
10 | | of (i) 0.08% or (ii) $12,000 per mile of road under the |
11 | | jurisdiction of the road district, and if the levy for the |
12 | | special tax is more than any other levy for road and bridge |
13 | | purposes, then the levy for the special tax qualifies the road |
14 | | district for a proportionate, rather than full, allotment under |
15 | | this Section. If the levy for the special tax is equal to or |
16 | | less than any other levy for road and bridge purposes, then any |
17 | | allotment under this Section shall be determined by the other |
18 | | levy for road and bridge purposes. |
19 | | Prior to 2011, if a township has transferred to the road |
20 | | and bridge fund
money which, when added to the amount of any |
21 | | tax levy of the road
district would be the equivalent of a tax |
22 | | levy requiring extension at a
rate of at least .08%, or, in |
23 | | DuPage County, an amount equal to or greater
than $12,000 per |
24 | | mile of road under the jurisdiction of the road district,
|
25 | | whichever is less, such transfer, together with any such tax |
26 | | levy,
shall be deemed a proper compliance with this Section and |
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1 | | shall qualify
the road district for an allotment under this |
2 | | Section.
|
3 | | In counties in which a property tax extension limitation is |
4 | | imposed
under the Property Tax Extension Limitation Law, road |
5 | | districts may retain
their entitlement to a motor fuel tax |
6 | | allotment or, beginning in 2011, their entitlement to a full |
7 | | allotment if, at the time the property
tax
extension limitation |
8 | | was imposed, the road district was levying a road and
bridge |
9 | | tax at a rate sufficient to entitle it to a motor fuel tax |
10 | | allotment
and continues to levy the maximum allowable amount |
11 | | after the imposition of the
property tax extension limitation. |
12 | | Any road district may in all circumstances
retain its |
13 | | entitlement to a motor fuel tax allotment or, beginning in |
14 | | 2011, its entitlement to a full allotment if it levied a road |
15 | | and
bridge tax in an amount that will require the extension of |
16 | | the tax against the
taxable property in the road district at a |
17 | | rate of not less than 0.08% of the
assessed value of the |
18 | | property, based upon the assessment for the year
immediately |
19 | | preceding the year in which the tax was levied and as equalized |
20 | | by
the Department of Revenue or, in DuPage County, an amount |
21 | | equal to or greater
than $12,000 per mile of road under the |
22 | | jurisdiction of the road district,
whichever is less.
|
23 | | As used in this Section the term "road district" means any |
24 | | road
district, including a county unit road district, provided |
25 | | for by the
Illinois Highway Code; and the term "township or |
26 | | district road"
means any road in the township and district road |
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1 | | system as defined in the
Illinois Highway Code. For the |
2 | | purposes of this Section, "township or
district road" also |
3 | | includes such roads as are maintained by park
districts, forest |
4 | | preserve districts and conservation districts. The
Department |
5 | | of Transportation shall determine the mileage of all township
|
6 | | and district roads for the purposes of making allotments and |
7 | | allocations of
motor fuel tax funds for use in road districts.
|
8 | | Payment of motor fuel tax moneys to municipalities and |
9 | | counties shall
be made as soon as possible after the allotment |
10 | | is made. The treasurer
of the municipality or county may invest |
11 | | these funds until their use is
required and the interest earned |
12 | | by these investments shall be limited
to the same uses as the |
13 | | principal funds.
|
14 | | Beginning February 1, 2013, as soon as possible after the |
15 | | first day of each month, if, during the previous month, the |
16 | | rate of tax imposed within the metropolitan region under |
17 | | Section 2 exceeds the rate of tax imposed under that Section in |
18 | | areas outside of the metropolitan region, then the Department |
19 | | of Revenue shall certify to the State Comptroller and the State |
20 | | Treasurer the amount of the difference between the tax |
21 | | collected in the metropolitan region under Section 2 in the |
22 | | previous month and the amount of tax that would have been |
23 | | collected in the metropolitan region during the previous month |
24 | | if the tax had been imposed at the rates specified in |
25 | | subsections (a), (b), and (c) of Section 2, as applicable. Upon |
26 | | receipt of the certification, the State Comptroller shall order |
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1 | | transferred and the State Treasurer shall transfer from the |
2 | | Road Fund to the Public Transportation Fund the amount |
3 | | certified plus any cumulative deficiencies in such transfers |
4 | | from previous months. If any federal agency or any court of |
5 | | competent jurisdiction makes a final determination that those |
6 | | transfers from the Road Fund to the Public Transportation Fund |
7 | | would render the State ineligible for the receipt of federal |
8 | | funds, then no such transfers shall be made on or after the |
9 | | first day of the first month to occur not less than 30 days |
10 | | after the final determination is made. |
11 | | (Source: P.A. 96-34, eff. 7-13-09; 96-45, eff. 7-15-09; 96-959, |
12 | | eff. 7-1-10; 96-1000, eff. 7-2-10; 96-1024, eff. 7-12-10; |
13 | | 96-1384, eff. 7-29-10; 97-72, eff. 7-1-11; 97-333, eff. |
14 | | 8-12-11.)
|
15 | | Section 97. Severability. The provisions of this Act are |
16 | | severable under Section 1.31 of the Statute on Statutes. |
17 | | Section 99. Effective date. This Act takes effect upon |
18 | | becoming law.
|