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Full Text of SB3279  99th General Assembly

SB3279 99TH GENERAL ASSEMBLY

  
  

 


 
99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB3279

 

Introduced 2/19/2016, by Sen. Heather A. Steans

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Creates the Illinois Road Improvement and Driver Enhancement Act. Provides that, beginning on July 1, 2025, each owner or lessee of a motor vehicle (other than a commercial motor vehicle) that is required to be registered in this State shall pay a distance-based road user fee for metered use of the public roads in Illinois by the motor vehicle. Provides that the fee shall be based on a payment plan selected by the owner or lessee. Provides that the owner or lessee shall receive a credit for estimated motor fuel taxes paid by the owner or lessee. Creates the Illinois Road Improvement Driver Enhancement Commission for the purpose of administering the Act. Sets forth the membership, powers and duties, and terms of the Commission. Amends the Motor Fuel Tax Law. Makes changes concerning the rate of tax. Amends the Illinois Income Tax Act. Provides that the earned income tax credit shall be 20% of the federal tax credit for taxable years beginning on or after January 1, 2017 (currently, 10%). Amends the Illinois Vehicle Code. Increases certain vehicle registration fees. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning revenue.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4
ARTICLE 1. ILLINOIS ROAD IMPROVEMENT AND DRIVER ENHANCEMENT ACT

 
5    Section 1-1. Short title. This Act may be cited as the
6Illinois Road Improvement and Driver Enhancement Act.
 
7    Section 1-5. Findings. The General Assembly finds and
8declares that, in order to promote the public welfare and to
9facilitate vehicular traffic by providing convenient, safe,
10modern, and limited access highways designed to accommodate the
11needs of the traveling public through and within the State of
12Illinois, it is necessary and in the public interest to expand
13the resources to pay for operating, maintaining, and improving
14the State's transportation network by incorporating therein
15the benefits of advanced engineering skill, design,
16experience, and safety factors, to eliminate existing traffic
17hazards, and to prevent automotive injuries and fatalities, and
18to create the Illinois Road Improvement and Driver Enhancement
19Commission as an instrumentality and administrative agency of
20the State of Illinois, and to confer upon and vest in the
21Commission all powers necessary or appropriate to enable the
22Commission to carry out the foregoing stated legislative

 

 

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1purpose and determination. Public-private agreements between
2the State of Illinois and one or more private entities to
3develop, finance, create, manage, or operate the Illinois Road
4Improvement and Driver Enhancement Program have the potential
5of maximizing value and benefit to the People of the State of
6Illinois and the public at large.
 
7    Section 1-10. Definitions. As used in this Act:
8    "Commercial motor vehicle" means any motor vehicle that (i)
9is used on public highways in interstate and intrastate
10commerce to transport passengers or property and (ii) has a
11gross vehicle weight, a gross vehicle weight rating, a gross
12combination weight, or a gross combination weight rating of
1310,001 or more pounds, or (iii) is used in the transportation
14of hazardous materials in a quantity requiring placarding under
15the Illinois Hazardous Materials Transportation Act.
16"Commercial motor vehicle" does not include recreational
17vehicles or vehicles designed to transport 16 or more persons.
18    "Commission" means the Illinois Road Improvement Driver
19Enhancement Commission created under Section 1-30 of this Act.
20    "Lessee" means a person that leases a motor vehicle that is
21required to be registered in Illinois.
22    "Motor vehicle" has the meaning given that term in the
23Illinois Vehicle Code. For the purposes of this Act, the term
24"motor vehicle" does not include (i) motor vehicles designed to
25travel with fewer than 4 wheels in contact with the ground or

 

 

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1(ii) commercial motor vehicles.
2    "Open system" means an integrated system based on common
3standards and an operating system that has been made public so
4that components performing the same function can be readily
5substituted or provided by multiple providers.
6    "Person" means any natural individual, firm, partnership,
7association, joint stock company, joint adventure, public or
8private corporation, limited liability company, or a receiver,
9executor, trustee, guardian or other representative appointed
10by order of any court.
11    "Personally identifiable information" means any
12information that identifies or describes a person, including,
13but not limited to, the person's travel pattern data, distance
14based road user fee account number, address, telephone number,
15electronic mail address, driver's license or identification
16card number, registration plate number, photograph, recorded
17images, bank account information, and credit card number.
18    "Registered owner" means owner as defined in Section 1-155
19of the Illinois Vehicle Code.
20    "Vendor" means a person that has been selected to enter or
21has entered into a public-private agreement with the Commission
22on behalf of the State for the management and collection of
23I-RIDE distance-based road user fees, including storing
24mileage data, maintaining user accounts, sending invoices to
25participants, and transferring revenues to the State.
26    "Vehicle metering system" means a system used to record the

 

 

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1metered use by a motor vehicle for the purpose of complying
2with the reporting requirements under Section 1-15 of this Act.
3    "VIN summary report" means a monthly report by the
4Commission or a certified service provider that includes a
5summary of all vehicle identification numbers of subject
6vehicles and associated total metered use during the month. The
7report may not include location information.
 
8    Section 1-15. Distance-based road user fee plans.
9    (a) No later than May 1, 2025, the Secretary of State shall
10mail to each owner of a motor vehicle that is required to be
11registered in this State a form allowing that owner to choose
12one of the following distance-based road user fee plans
13developed by the Commission in consultation and cooperation
14with its vendors:
15        (1) The I-RIDE Smart Plan, reporting miles traveled on
16    public, non-tolled Illinois roads using personally
17    identifiable information using location data to calculate
18    how many miles were driven in Illinois monthly;
19        (2) The I-RIDE Convenient Plan, reporting all miles
20    traveled without the use of personally identifiable
21    information through the use of a vehicle odometer reading;
22    or
23        (3) The I-RIDE Flat Rate Plan, reporting a flat monthly
24    rate based on 30,000 miles of driving per year for
25    passenger vehicles and single unit trucks, as defined by

 

 

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1    the Illinois Vehicle Code, and 50,000 miles of driving per
2    year for buses, as defined by the Illinois Vehicle Code.
3    If the motor vehicle is subject to a lease agreement, then
4the form shall be mailed to the lessee, and the lessee shall
5make the selection.
6    (b) Any owner or lessee who does not select a plan by July
71, 2025 shall automatically be enrolled in the I-Ride Flat Rate
8Plan designated under paragraph (3) of subsection (a). An owner
9or lessee may change his or her plan at any time by notifying
10the Secretary of State of the change. Each owner or lessee that
11initially registers a motor vehicle with the Secretary of State
12on or after May 1, 2025 may select a plan at the time of
13registration.
14    (c) Registered vehicle owners using a distance-based road
15user fee system plan pursuant to paragraphs (1) or (2) of
16subsection (a) of this Section shall receive a monthly invoice
17containing the following information:
18        (1) dates of usage;
19        (2) the vehicle make, model, year, fuel economy, and
20    class as defined in the Illinois Vehicle Code in the
21    household;
22        (3) miles driven as recorded by subsection (a) of this
23    Section;
24        (4) distance-based road user fees;
25        (5) estimated motor fuel taxes paid;
26        (6) estimated motor fuel tax credits received pursuant

 

 

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1    subsection (e) of Section 1-20; and
2        (7) All other fees the Commission provides including,
3    but not limited to, convenience fees and late fees.
 
4    Section 1-20. Distance-based road user fees.
5    (a) Except as provided in paragraph (b) of this Section,
6beginning on July 1, 2025, the owner of each motor vehicle that
7is required to be registered in this State shall pay a
8distance-based road user fee for metered use of the public
9roads in Illinois by the motor vehicle. Commercial motor
10vehicles are excluded from the provisions of this Act.
11    (b) In the case of a motor vehicle that is subject to a
12lease agreement, during the term of the lease agreement, the
13fee shall be paid by the lessee.
14    (c) The initial rates for distance-based road user fees
15shall be as follows:
16        (1) for motor vehicles for which the registered vehicle
17    owner or lessee has selected a distance-based road user fee
18    as described in paragraph (1) or (2) of subsection (a) of
19    Section 1-15 of this Act, the fee shall be calculated at
20    the rate of $0.015 per vehicle mile travelled; and
21        (2) for motor vehicles for which the registered vehicle
22    owner or lessee has selected a distance-based road user fee
23    as described in paragraph (3) of subsection (a) of Section
24    1-15 of this Act, the fee shall be $450 per year for
25    passenger vehicles and $750 per year for buses, each as

 

 

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1    defined in the Illinois Vehicle Code.
2    Beginning July 1, 2025, the Commission may, by rule, charge
3a convenience fee. That fee shall be deposited into the Road
4Improvement Commission Administration Fund, a special fund
5created in the State treasury. Moneys in the Fund shall be used
6by the Commission to cover its operational expenses.
7    (d) The Commission shall adjust the distance-based road
8user fees on the 1st of June every fifth year beginning in 2030
9using the Construction Cost Index. The Commission, in fixing
10the rate for distance-based road user fees, is authorized and
11directed to base those fees upon annual estimates to be made,
12recorded, and filed with the Commission. Those estimates shall
13include the following:
14        (1) the estimated total amount of the use of the public
15    roads;
16        (2) the estimated amount of the revenue to be derived
17    from the use of the public roads, which will, when added to
18    all other receipts and income, be sufficient to pay the
19    expense of maintaining and operating those public roads;
20    and
21        (3) the estimated administrative expenses of the
22    Commission.
23    (e) Any registered vehicle owner or lessee who selects a
24distance-based road user fee plan pursuant to paragraph (1) or
25(2) of subsection (a) of Section 1-15 of this Act shall be
26credited monthly for estimated payments made under Section 8 of

 

 

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1the Motor Fuel Tax Law for miles driven on public roads. Those
2estimates shall be based on the make, model, and year of the
3vehicle and its average fuel economy, as determined by the
4Commission by rule.
 
5    Section 1-25. Distribution of proceeds. An amount equal to
618% of net revenues received under this Act shall be deposited
7into the Public Transportation Fund. An amount equal to 2% of
8total net revenues received this Act shall be deposited into
9the Downstate Public Transportation Fund. An amount equal to 1%
10of net revenues received under this Act shall be deposited into
11the Alternate Fuels Fund. All other moneys received under this
12Act shall be deposited into the Motor Fuel Tax Fund. All
13credits issued pursuant to subsection (e) of Section 1-20 of
14this Act shall be issued from the Motor Fuel Tax Fund.
 
15    Section 1-30. Commission.
16    (a) There is hereby created the Illinois Road Improvement
17Driver Enhancement Commission. The Commission is hereby
18constituted as an instrumentality and an administrative agency
19of the State of Illinois.
20    (b) The Commission shall consist of the Governor and the
21Secretary of Transportation as ex-officio members and 20
22directors appointed 4 each by the Governor, the Senate
23President, the Senate Minority Leader, the Speaker of the House
24of Representatives, and the Minority Leader of the House of

 

 

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1Representatives. Initial appointments under this subsection
2(b) shall be made within 60 days after the effective date of
3this Act. Executive appointments to the Commission shall be
4subject to the advice and consent of the Senate. All
5appointments shall be in writing and shall be filed with the
6Secretary of State as a public record. All appointments shall
7be made with the goal that each of the 9 Department of
8Transportation regions approved by the General Assembly are
9fairly represented.
10    (c) With respect to the members initially appointed under
11this Act, each appointing authority shall select one member to
12be appointed for a one-year term; one member to be appointed
13for a 2-year term; one member to be appointed for a 3-year
14term; and one member to be appointed for a 4-year term. Their
15successors shall serve for 4-year terms. Members shall serve
16until their successors are appointed and qualified. Each
17appointed member may be removed by his or her appointing
18authority for incompetency, neglect of duty, or malfeasance.
19Members may be reappointed. Vacancies shall be filled for the
20unexpired term in the same manner as the original appointments.
21    (d) The Commission shall have the power to contract and be
22contracted with; to acquire, hold, and convey personal
23property; to have and use a common seal, and to alter the same
24at will; to make and establish resolutions, by-laws, rules,
25rates and regulations, and to alter or repeal the same as the
26Commission shall deem necessary and expedient for the funding

 

 

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1of a system of public roads subject to this Act within and
2through the State of Illinois.
3    (e) One of the members shall be appointed by the Commission
4as Chairman and shall hold office as Chairman for 2 years from
5the date of his appointment as Chairman, and until his
6successor shall be duly appointed and qualified. The Chairman
7shall be eligible for reappointment as Chairman.
8    The Chairman shall preside at all meetings of the
9Commission; shall exercise general supervision over all
10powers, duties, obligations and functions of the Commission;
11and shall approve or disapprove all resolutions and by-laws
12made and established by the Commission, and if he shall approve
13thereof, he shall sign the same, and such as he shall not
14approve he shall return to the Commission with his objections
15thereto in writing at the next regular meeting of the
16Commission occurring after the passage thereof. Such veto may
17extend to any one or more items contained in such resolution or
18by-law, or to its entirety; and in case the veto extends to a
19part of such resolution or by-law, the residue thereof shall
20take effect and be in force, but in case the Chairman shall
21fail to return any resolution or by-law with his objections
22thereto by the time aforesaid, he shall be deemed to have
23approved the same, and the same shall take effect accordingly.
24Upon the return of any resolution or by-law by the Chairman,
25the vote by which the same was passed shall be reconsidered by
26the Commission, and if, upon such reconsideration, two-thirds

 

 

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1of all the members agree by yeas and nays to pass the same, it
2shall go into effect notwithstanding the Chairman's refusal to
3approve thereof. All members of the Commission shall vote
4autonomously, however, shall take into consideration
5Department of Transportation recommendations for any
6resolution or by-law considered by the Commission. The
7Commission may, in consultation with the Department of
8Transportation, adopt rules in accordance with the Illinois
9Administrative Procedure Act, including rules fixing rates and
10fees as provided in this Act.
11    (f) The Chairman of the Commission shall receive a salary
12of $18,000 per year, payable in monthly installments. Each
13other member, other than ex-officio members, shall receive an
14annual salary of $15,000, payable in monthly installments. In
15addition, each member shall be reimbursed for necessary
16expenses incurred in the performance of his or her duties.
17    (g) Immediately after appointment and qualification,
18members shall enter upon their duties. The members shall
19biennially select a Secretary, who may or may not be a member
20of the Commission. If the Secretary is not a member, the
21Commission shall fix his or her compensation. Eleven members
22shall constitute a quorum. No vacancy in the membership of the
23Commission shall impair the right of a quorum of the members to
24exercise all the rights and perform all the duties of the
25Commission.
26    (h) The Chairman shall execute and file a bond in the penal

 

 

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1sum of $100,000. Each other member, other than the ex-officio
2members, shall qualify by executing and filing, as hereinafter
3provided, a bond in the penal sum of $25,000, and the
4Secretary, if not a member of the Commission, shall execute and
5file, as hereinafter provided, a bond in the penal sum of
6$15,000. All such bonds shall be payable to the People of the
7State of Illinois, and be conditioned upon the faithful
8performance of the duties imposed upon Chairman, member or
9Secretary under this Act. The bonds shall be subject to the
10approval of the Governor and of the Attorney General of the
11State of Illinois, and shall, when executed and so approved, be
12filed in the office of the Secretary of State. The bonds herein
13required to be furnished shall be with a surety company, or
14companies, authorized to do business in this State under the
15laws of this State, and the cost of any official bonds required
16to be furnished hereunder shall be paid out of any fund subject
17to expenditure by the Commission.
18    (i) The Commission shall set aside a portion of each
19meeting of the Commission that is open to the public pursuant
20to the provisions of the Open Meetings Act during which members
21of the public who are present at the meeting may comment on any
22subject.
 
23    Section 1-35. Powers and duties of the Commission.
24    (a) By July 1, 2025, the Commission shall, by rule,
25establish the methods for recording and reporting the number of

 

 

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1miles that motor vehicles travel on highways. In doing so, the
2Commission shall consider:
3        (1) the accuracy of the data collected;
4        (2) privacy options for persons liable for the
5    distance-based road user fee;
6        (3) the security of the technology;
7        (4) the resistance of the technology to tampering;
8        (5) the ability to audit compliance; and
9        (6) other relevant factors that the Commission deems
10    important.
11    (b) The Commission shall establish, by rule, at least one
12method of collecting and reporting the number of miles traveled
13by a subject vehicle that does not use vehicle location
14technology.
15    (c) The Commission shall, by rule, adopt standards for open
16system technology used in methods established under this
17Section. In adopting open system technology standards, the
18Commission shall form an agreement or contract between a vendor
19and the Commission, known as a public-private agreement, on
20behalf of the State, and all schedules, exhibits, and
21attachments thereto, shall be entered into pursuant to a
22competitive request for proposals process governed by the
23Illinois Procurement Code and rules adopted under that Code and
24this Act. The Commission shall provide the registered vehicle
25owners and lessees liable for the distance-based road user fee
26the opportunity to select a method from among multiple options

 

 

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1for collecting and reporting the number of miles travelled on
2the public roads.
 
3    Section 1-40. Reporting periods.
4    (a) The Commission shall establish, by rule, reporting
5periods for the distance-based road user fees imposed under
6Section 1-20 of this Act.
7    (b) Reporting periods established under this Section may
8vary according to the facts and circumstances applicable to
9classes of registered owners, lessees, and subject vehicles. In
10establishing reporting periods, the Commission shall consider:
11        (1) the effort required by registered owners or lessees
12    to report metered use and to pay the distance-based road
13    user fee;
14        (2) the amount of the distance-based road user fee
15    owed;
16        (3) the cost to the registered owner or lessee of
17    reporting metered use and of paying the distance-based road
18    user fee;
19        (4) the administrative cost to the Commission; and
20        (5) any other relevant factor that the Commission deems
21    important.
 
22    Section 1-45. Administrative review.
23    (a) The Commission shall have the power to fix, assess, and
24collect civil fines, by rule, for a vehicle's operation on a

 

 

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1public highway without the required road user fee having been
2paid. The Commission may establish by rule a system of civil
3administrative adjudication to adjudicate only alleged
4instances of a vehicle's operation on a public highway without
5the required user fee having been paid. In cases in which the
6operator of the vehicle is not the registered vehicle owner,
7the establishment of ownership of the vehicle creates a
8rebuttable presumption that the vehicle was being operated by
9an agent of the registered vehicle owner. If the registered
10vehicle owner liable for a violation under this Section was not
11the operator of the vehicle at the time of the violation, the
12owner may maintain an action for indemnification against the
13operator in the circuit court. Rules establishing a system of
14civil administrative adjudication must provide for written
15notice, by first class mail or other means provided by law, to
16the address of the registered owner of the cited vehicle as
17recorded with the Secretary of State or to the lessee of the
18cited vehicle at the last address known to the lessor of the
19cited vehicle at the time of the lease, of the alleged
20violation and an opportunity to be heard on the question of the
21violation and must provide for the establishment of a toll-free
22telephone number to receive inquiries concerning alleged
23violations. The notice shall also inform the registered vehicle
24owner that failure to contest in the manner and time provided
25shall be deemed an admission of liability and that a final
26order of liability may be entered on that admission. A duly

 

 

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1authorized agent of the Commission may perform or execute the
2preparation, certification, affirmation, or mailing of the
3notice. A notice of violation, sworn or affirmed to or
4certified by a duly authorized agent of the Commission, or a
5facsimile of the notice, based upon an inspection of
6photographs, microphotographs, videotape, or other recorded
7images produced by a video or photo surveillance system, shall
8be admitted as prima facie evidence of the correctness of the
9facts contained in the notice or facsimile. Only civil fines,
10along with the corresponding outstanding toll, and costs may be
11imposed by administrative adjudication. A fine may be imposed
12under this paragraph only if a violation is established by a
13preponderance of the evidence. A decision of the Commission
14under this subsection shall be considered a final
15administrative decision for purposes of administrative review
16under the Administrative Review Law. Judicial review of all
17final orders of the Commission under this paragraph shall be
18conducted in the circuit court of the county in which the
19administrative decision was rendered in accordance with the
20Administrative Review Law.
21    (b) Any outstanding fee, fine, additional late payment
22fine, other sanction, or costs imposed, or part of any fine,
23other sanction, or costs imposed, remaining unpaid after the
24exhaustion of, or the failure to exhaust, judicial review
25procedures under the Administrative Review Law are a debt due
26and owing the Commission and may be collected in accordance

 

 

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1with applicable law. After expiration of the period in which
2judicial review under the Administrative Review Law may be
3sought, unless stayed by a court of competent jurisdiction, a
4final order of the Commission under this subsection (a) may be
5enforced in the same manner as a judgment entered by a court of
6competent jurisdiction.
7    (c) A system of civil administrative adjudication may also
8provide for a program of vehicle immobilization, tow, or
9impoundment for the purpose of facilitating enforcement of any
10final order or orders of the Authority under this subsection
11(a-5) that result in a finding or liability for 5 or more
12violations after expiration of the period in which judicial
13review under the Administrative Review Law may be sought. The
14registered vehicle owner of a vehicle immobilized, towed, or
15impounded for nonpayment of a final order of the Commission
16under this subsection (a-5) shall have the right to request a
17hearing before the Commission's civil administrative
18adjudicatory system to challenge the validity of the
19immobilization, tow, or impoundment. This hearing, however,
20shall not constitute a readjudication of the merits of
21previously adjudicated notices. Judicial review of all final
22orders of the Commission under this subsection (a) shall be
23conducted in the circuit court of the county in which the
24administrative decision was rendered in accordance with the
25Administrative Review Law.
26    (d) No commercial entity that is the lessor of a vehicle

 

 

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1under a written lease agreement shall be liable for an
2administrative notice of violation for fee evasion issued under
3this subsection (a) involving that vehicle during the period of
4the lease if the lessor provides a copy of the leasing
5agreement to the Commission within 21 days of the issue date on
6the notice of violation. The leasing agreement also must
7contain a provision or addendum informing the lessee that the
8lessee is liable for payment of all tolls and any fines for
9toll evasion. Each entity must also post a sign at the leasing
10counter notifying the lessee of that liability. The copy of the
11leasing agreement provided to the Commission must contain the
12name, address, and driver's license number of the lessee, as
13well as the check-out and return dates and times of the vehicle
14and the vehicle license plate number and vehicle make and
15model.
16    (e) As used in this Section, "lessor" includes commercial
17leasing and rental entities but does not include public
18passenger vehicle entities.
 
19    Section 1-50. Privacy.
20    (a) Except as provided in subsection (b) or (e) of this
21Section, personally identifiable information used for
22reporting metered use or for administrative services related to
23the collection of the distance-based road user fee imposed
24under this Act is confidential within the meaning of the
25Illinois Freedom of Information Act and is a public record

 

 

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1exempt from disclosure under Illinois Freedom of Information
2Act.
3    (b) The Commission, a vendor, or a contractor for a vendor
4may not disclose personally identifiable information used or
5developed for reporting metered use by a subject vehicle or for
6administrative services related to the collection of
7distance-based road user fees to any person except:
8        (1) the registered owner or lessee;
9        (2) a financial institution, for the purpose of
10    collecting distance-based road user fees owed;
11        (3) employees of the Commission;
12        (4) a vendor;
13        (5) a contractor for a vendor, but only to the extent
14    the contractor provides services directly related to the
15    vendor's agreement with the Commission;
16        (6) an entity expressly approved to receive the
17    information by the registered owner or lessee of the
18    subject vehicle; or
19        (7) a law enforcement officer pursuant to a valid court
20    order based on probable cause and issued at the request of
21    a federal, State or local law enforcement agency in an
22    authorized criminal investigation involving a person to
23    whom the requested information pertains.
24    (c) Disclosure under items (2) through (5) of subsection
25(b) is limited to personally identifiable information
26necessary to the respective recipient's function under this

 

 

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1Act.
2    (d) Not later than 30 days after completion of payment
3processing, dispute resolution for a single reporting period or
4a noncompliance investigation, whichever is latest, the
5Commission and vendors shall destroy records of the location
6and daily metered use of subject vehicles.
7    (e) Notwithstanding paragraph (a) of this Section:
8        (1) For purposes of traffic management and research,
9    the Commission and vendors may retain, aggregate, and use
10    information in the records after removing personally
11    identifiable information.
12        (2) A vendor may retain the records if the registered
13    owner or lessee consents to the retention. Consent under
14    this subparagraph does not entitle the Commission to obtain
15    or use the records or the information contained in the
16    records.
17        (3) Monthly summaries of metered use by subject
18    vehicles may be retained in VIN summary reports by the
19    Commission and vendors.
20        (4) The Commission, in any agreement with a vendor,
21    shall provide for penalties if the vendor violates this
22    Section.
 
23    Section 1-55. Refunds.
24    (a) The Commission shall provide a refund to a registered
25owner or lessee that has overpaid the distance-based road user

 

 

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1fee imposed under this Act.
2    (b) Claims for refund must be made to the Commission, duly
3verified by the claimant (or by the claimant's legal
4representative if the claimant has died or become a person
5under legal disability), upon forms prescribed by the
6Commission. The claim must state such relevant facts as the
7Commission may reasonably require. Claims for reimbursement of
8overpayment must be filed not later than 2 years after the date
9on which the fees were paid by the claimant. If it is
10determined that the Commission should reimburse a claimant for
11overpayment of decal fees, the Commission shall first apply the
12amount of such refund against any tax or penalty or interest
13due by the claimant under Section 1-20 of this Act.
14    (c) The Commission may make such investigation of the
15correctness of the facts stated in the claims as it deems
16necessary. When the Commission has approved any such claim, it
17shall pay the refund to the claimant (or to the claimant's
18legal representative, as such if the claimant has died or
19become a person under legal disability) out of any moneys
20appropriated to it for that purpose.
21    (d) Any credit or refund that is allowed under this Section
22shall bear interest at the rate and in the manner specified in
23the Uniform Penalty and Interest Act.
24    (e) In any case in which there has been an erroneous refund
25of tax or fees payable under this Section, a notice of tax
26liability may be issued at any time within 3 years from the

 

 

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1making of that refund, or within 5 years from the making of
2that refund if it appears that any part of the refund was
3induced by fraud or the misrepresentation of material fact. The
4amount of any proposed assessment set forth by the Commission
5shall be limited to the amount of the erroneous refund.
6    (f) Any person aggrieved by any action of the Commission
7under this Section may protest the action by making a written
8request for a hearing within 60 days of the original action. If
9the hearing is not requested in writing within 60 days, the
10original action is final.
 
11    Section 1-60. Tampering.
12    (a) A person commits the offense of tampering with a
13vehicle metering system if the person:
14        (1) With the intent to defraud, operates a motor
15    vehicle that is subject to the per-mile road user fee
16    knowing that the vehicle metering system is disconnected or
17    nonfunctional.
18        (2) Replaces, disconnects or resets the vehicle
19    metering system of a motor vehicle that is subject to the
20    per-mile road user fee with the intent of reducing the
21    metered use recorded by the vehicle metering system.
22    This Section does not apply to a person who is servicing,
23repairing or replacing a vehicle metering system.
24    (b) Tampering with a vehicle metering system is a Class A
25misdemeanor offense.
 

 

 

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1    Section 1-65. Attorney General as legal advisor. The
2Attorney General of the State of Illinois shall be ex-officio
3attorney for the Commission and he or she shall be its legal
4adviser and legal representative. In addition to the specific
5duties imposed upon the Attorney General, under the provisions
6of this Act, it shall be his or her further duty to act as
7attorney for the Commission in all of its transactions, to
8represent the Commission in all of its litigation, and to
9examine and approve all contracts and leases entered into by
10the Commission, as to their form and constitutionality prior to
11their execution and delivery.
 
12    Section 1-70. Financial benefit prohibited.
13    (a) A commissioner, employee, or agent of the Commission
14may not receive a financial benefit from a contract let by the
15Commission during his or her term of service with the
16Commission and for a period of one year following the
17termination of his or her term of service as a member of the
18Commission or as an employee or agent of the Commission.
19    (b) A member of the immediate family or household of a
20commissioner, employee, or agent of the Commission may not
21receive a financial benefit from a contract let by the
22Commission during the immediate family or household member's
23term of service with the Commission and for a period of one
24year following the termination of the immediate family or

 

 

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1household member's term of service as a member of the
2Commission or as an employee or agent of the Commission.
3    (c) A member, employee, or agent of the Commission may not
4use material non-public information for personal financial
5gain nor may he or she disclose that information to any other
6person for that person's personal financial gain when that
7information was obtained as a result of his or her
8directorship, employment, or agency with the Commission.
9    (d) A member of the immediate family or household of a
10commissioner, employee, or agent of the Commission may not use
11material non-public information for personal financial gain
12nor may he or she disclose that information to any other person
13for that person's personal financial gain when that information
14was obtained as a result of his or her immediate family or
15household member's directorship, employment, or agency with
16the Commission.
17    (e) For purposes of this Section, "immediate family or
18household member" means the spouse, child, parent, brother,
19sister, grandparent, or grandchild, whether of the whole blood
20or half blood or by adoption, or a person who shares a common
21dwelling with a member of the Commission or with an employee or
22agent of the Commission.
 
23    Section 1-75. Conflict of interest. No member or officer of
24the Commission shall be interested, directly or indirectly, in
25any contract, agreement, lease, work or business of the

 

 

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1Commission, or in the sale of any article whenever the expense,
2price or consideration of the contract, agreement, lease, work,
3business or sale is paid by the Commission. No commissioner or
4officer of the Commission shall be interested, directly or
5indirectly, in the purchase, sale or lease of any property
6which (1) belongs to the Commission, (2) is sold, leased or any
7interest therein is acquired by the Commission, or (3) is sold
8by virtue of legal process at the suit of the Commission.
 
9    Section 1-80. Commission misfeasance. Every commissioner,
10chairman, or officer of the Commission who is guilty of a
11palpable omission of duty, or who is guilty of willful and
12corrupt oppression, malfeasance, or misfeasance in office in
13discharge of the duties of his office shall be liable to
14indictment in any court of competent jurisdiction and shall be
15guilty of a Class A misdemeanor. Any conviction hereunder shall
16constitute grounds for removal as provided in this Act.
 
17    Section 1-85. Powers liberally construed. The powers
18conferred by this Act shall be liberally construed in order to
19accomplish their purposes and shall be in addition and
20supplemental to the powers conferred by any other law. If any
21other law or rule is inconsistent with this Act, this Act is
22controlling as to any public private agreement entered into
23under this Act.
 

 

 

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1    Section 1-90. Full and complete authority. This Act
2contains full and complete authority for agreements and leases
3with private entities to carry out the activities described in
4this Act. Except as otherwise required by law, no procedure,
5proceedings, publications, notices, consents, approvals,
6orders, or acts by the Commission or any other State or local
7agency or official are required to enter into an agreement or
8lease.
 
9    Section 1-97. Severability. The provisions of this Act are
10severable under Section 1.31 of the Statute on Statutes.
 
11
ARTICLE 5. AMENDATORY PROVISIONS

 
12    Section 5-5. The State Finance Act is amended by adding
13Section 5.875 as follows:
 
14    (30 ILCS 105/5.875 new)
15    Sec. 5.875. The Road Improvement Commission Administration
16Fund.
 
17    Section 5-10. The Illinois Income Tax Act is amended by
18changing Section 212 as follows:
 
19    (35 ILCS 5/212)
20    Sec. 212. Earned income tax credit.

 

 

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1    (a) With respect to the federal earned income tax credit
2allowed for the taxable year under Section 32 of the federal
3Internal Revenue Code, 26 U.S.C. 32, each individual taxpayer
4is entitled to a credit against the tax imposed by subsections
5(a) and (b) of Section 201 in an amount equal to (i) 5% of the
6federal tax credit for each taxable year beginning on or after
7January 1, 2000 and ending prior to December 31, 2012, (ii)
87.5% of the federal tax credit for each taxable year beginning
9on or after January 1, 2012 and ending prior to December 31,
102013, and (iii) 10% of the federal tax credit for each taxable
11year beginning on or after January 1, 2013 and beginning prior
12to January 1, 2017, and (iv) 20% of the federal tax credit for
13each taxable year beginning on or after January 1, 2017.
14    For a non-resident or part-year resident, the amount of the
15credit under this Section shall be in proportion to the amount
16of income attributable to this State.
17    (b) For taxable years beginning before January 1, 2003, in
18no event shall a credit under this Section reduce the
19taxpayer's liability to less than zero. For each taxable year
20beginning on or after January 1, 2003, if the amount of the
21credit exceeds the income tax liability for the applicable tax
22year, then the excess credit shall be refunded to the taxpayer.
23The amount of a refund shall not be included in the taxpayer's
24income or resources for the purposes of determining eligibility
25or benefit level in any means-tested benefit program
26administered by a governmental entity unless required by

 

 

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1federal law.
2    (c) This Section is exempt from the provisions of Section
3250.
4(Source: P.A. 97-652, eff. 6-1-12.)
 
5    Section 5-15. The Motor Fuel Tax Law is amended by changing
6Sections 2 and 8 as follows:
 
7    (35 ILCS 505/2)  (from Ch. 120, par. 418)
8    Sec. 2. A tax is imposed on the privilege of operating
9motor vehicles upon the public highways and recreational-type
10watercraft upon the waters of this State.
11    (a) Prior to August 1, 1989, the tax is imposed at the rate
12of 13 cents per gallon on all motor fuel used in motor vehicles
13operating on the public highways and recreational type
14watercraft operating upon the waters of this State. Beginning
15on August 1, 1989 and until January 1, 1990, the rate of the
16tax imposed in this paragraph shall be 16 cents per gallon.
17Beginning January 1, 1990 and until January 1, 2017, the rate
18of tax imposed in this paragraph shall be 19 cents per gallon.
19Beginning January 1, 2017, the rate of tax imposed in this
20paragraph shall be 49 cents per gallon and shall be adjusted
21annually each January 1 by a rate equal to the percentage
22change in the Consumer Price Index for All Urban Consumers, as
23issued by the United States Department of Labor, during the
24previous calendar year.

 

 

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1    (b) The tax on the privilege of operating motor vehicles
2which use diesel fuel shall be the rate according to paragraph
3(a) plus an additional 2 1/2 cents per gallon. "Diesel fuel" is
4defined as any product intended for use or offered for sale as
5a fuel for engines in which the fuel is injected into the
6combustion chamber and ignited by pressure without electric
7spark.
8    (c) A tax is imposed upon the privilege of engaging in the
9business of selling motor fuel as a retailer or reseller on all
10motor fuel used in motor vehicles operating on the public
11highways and recreational type watercraft operating upon the
12waters of this State: (1) at the rate of 3 cents per gallon on
13motor fuel owned or possessed by such retailer or reseller at
1412:01 a.m. on August 1, 1989; and (2) at the rate of 3 cents per
15gallon on motor fuel owned or possessed by such retailer or
16reseller at 12:01 A.M. on January 1, 1990.
17    Retailers and resellers who are subject to this additional
18tax shall be required to inventory such motor fuel and pay this
19additional tax in a manner prescribed by the Department of
20Revenue.
21    The tax imposed in this paragraph (c) shall be in addition
22to all other taxes imposed by the State of Illinois or any unit
23of local government in this State.
24    (d) Except as provided in Section 2a, the collection of a
25tax based on gallonage of gasoline used for the propulsion of
26any aircraft is prohibited on and after October 1, 1979.

 

 

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1    (e) The collection of a tax, based on gallonage of all
2products commonly or commercially known or sold as 1-K
3kerosene, regardless of its classification or uses, is
4prohibited (i) on and after July 1, 1992 until December 31,
51999, except when the 1-K kerosene is either: (1) delivered
6into bulk storage facilities of a bulk user, or (2) delivered
7directly into the fuel supply tanks of motor vehicles and (ii)
8on and after January 1, 2000. Beginning on January 1, 2000, the
9collection of a tax, based on gallonage of all products
10commonly or commercially known or sold as 1-K kerosene,
11regardless of its classification or uses, is prohibited except
12when the 1-K kerosene is delivered directly into a storage tank
13that is located at a facility that has withdrawal facilities
14that are readily accessible to and are capable of dispensing
151-K kerosene into the fuel supply tanks of motor vehicles. For
16purposes of this subsection (e), a facility is considered to
17have withdrawal facilities that are not "readily accessible to
18and capable of dispensing 1-K kerosene into the fuel supply
19tanks of motor vehicles" only if the 1-K kerosene is delivered
20from: (i) a dispenser hose that is short enough so that it will
21not reach the fuel supply tank of a motor vehicle or (ii) a
22dispenser that is enclosed by a fence or other physical barrier
23so that a vehicle cannot pull alongside the dispenser to permit
24fueling.
25    Any person who sells or uses 1-K kerosene for use in motor
26vehicles upon which the tax imposed by this Law has not been

 

 

SB3279- 31 -LRB099 18584 HLH 45453 b

1paid shall be liable for any tax due on the sales or use of 1-K
2kerosene.
3(Source: P.A. 96-1384, eff. 7-29-10.)
 
4    (35 ILCS 505/8)  (from Ch. 120, par. 424)
5    Sec. 8. Except as provided in Section 8a, subdivision
6(h)(1) of Section 12a, Section 13a.6, and items 13, 14, 15, and
716 of Section 15, all money received by the Department under
8this Act, including payments made to the Department by member
9jurisdictions participating in the International Fuel Tax
10Agreement, and moneys required to be deposited into the Motor
11Fuel Tax Fund under the Illinois Road Improvement and Driver
12Enhancement Act, shall be deposited in a special fund in the
13State treasury, to be known as the "Motor Fuel Tax Fund", and
14shall be used as follows:
15    (a) 2 1/2 cents per gallon of the tax collected on special
16fuel under paragraph (b) of Section 2 and Section 13a of this
17Act shall be transferred to the State Construction Account Fund
18in the State Treasury;
19    (b) $420,000 shall be transferred each month to the State
20Boating Act Fund to be used by the Department of Natural
21Resources for the purposes specified in Article X of the Boat
22Registration and Safety Act;
23    (c) $3,500,000 shall be transferred each month to the Grade
24Crossing Protection Fund to be used as follows: not less than
25$12,000,000 each fiscal year shall be used for the construction

 

 

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1or reconstruction of rail highway grade separation structures;
2$2,250,000 in fiscal years 2004 through 2009 and $3,000,000 in
3fiscal year 2010 and each fiscal year thereafter shall be
4transferred to the Transportation Regulatory Fund and shall be
5accounted for as part of the rail carrier portion of such funds
6and shall be used to pay the cost of administration of the
7Illinois Commerce Commission's railroad safety program in
8connection with its duties under subsection (3) of Section
918c-7401 of the Illinois Vehicle Code, with the remainder to be
10used by the Department of Transportation upon order of the
11Illinois Commerce Commission, to pay that part of the cost
12apportioned by such Commission to the State to cover the
13interest of the public in the use of highways, roads, streets,
14or pedestrian walkways in the county highway system, township
15and district road system, or municipal street system as defined
16in the Illinois Highway Code, as the same may from time to time
17be amended, for separation of grades, for installation,
18construction or reconstruction of crossing protection or
19reconstruction, alteration, relocation including construction
20or improvement of any existing highway necessary for access to
21property or improvement of any grade crossing and grade
22crossing surface including the necessary highway approaches
23thereto of any railroad across the highway or public road, or
24for the installation, construction, reconstruction, or
25maintenance of a pedestrian walkway over or under a railroad
26right-of-way, as provided for in and in accordance with Section

 

 

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118c-7401 of the Illinois Vehicle Code. The Commission may order
2up to $2,000,000 per year in Grade Crossing Protection Fund
3moneys for the improvement of grade crossing surfaces and up to
4$300,000 per year for the maintenance and renewal of 4-quadrant
5gate vehicle detection systems located at non-high speed rail
6grade crossings. The Commission shall not order more than
7$2,000,000 per year in Grade Crossing Protection Fund moneys
8for pedestrian walkways. In entering orders for projects for
9which payments from the Grade Crossing Protection Fund will be
10made, the Commission shall account for expenditures authorized
11by the orders on a cash rather than an accrual basis. For
12purposes of this requirement an "accrual basis" assumes that
13the total cost of the project is expended in the fiscal year in
14which the order is entered, while a "cash basis" allocates the
15cost of the project among fiscal years as expenditures are
16actually made. To meet the requirements of this subsection, the
17Illinois Commerce Commission shall develop annual and 5-year
18project plans of rail crossing capital improvements that will
19be paid for with moneys from the Grade Crossing Protection
20Fund. The annual project plan shall identify projects for the
21succeeding fiscal year and the 5-year project plan shall
22identify projects for the 5 directly succeeding fiscal years.
23The Commission shall submit the annual and 5-year project plans
24for this Fund to the Governor, the President of the Senate, the
25Senate Minority Leader, the Speaker of the House of
26Representatives, and the Minority Leader of the House of

 

 

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1Representatives on the first Wednesday in April of each year;
2    (d) of the amount remaining after allocations provided for
3in subsections (a), (b) and (c), a sufficient amount shall be
4reserved to pay all of the following:
5        (1) the costs of the Department of Revenue in
6    administering this Act;
7        (2) the costs of the Department of Transportation in
8    performing its duties imposed by the Illinois Highway Code
9    for supervising the use of motor fuel tax funds apportioned
10    to municipalities, counties and road districts;
11        (3) refunds provided for in Section 13, refunds for
12    overpayment of decal fees paid under Section 13a.4 of this
13    Act, and refunds provided for under the terms of the
14    International Fuel Tax Agreement referenced in Section
15    14a;
16        (4) from October 1, 1985 until June 30, 1994, the
17    administration of the Vehicle Emissions Inspection Law,
18    which amount shall be certified monthly by the
19    Environmental Protection Agency to the State Comptroller
20    and shall promptly be transferred by the State Comptroller
21    and Treasurer from the Motor Fuel Tax Fund to the Vehicle
22    Inspection Fund, and for the period July 1, 1994 through
23    June 30, 2000, one-twelfth of $25,000,000 each month, for
24    the period July 1, 2000 through June 30, 2003, one-twelfth
25    of $30,000,000 each month, and $15,000,000 on July 1, 2003,
26    and $15,000,000 on January 1, 2004, and $15,000,000 on each

 

 

SB3279- 35 -LRB099 18584 HLH 45453 b

1    July 1 and October 1, or as soon thereafter as may be
2    practical, during the period July 1, 2004 through June 30,
3    2012, and $30,000,000 on June 1, 2013, or as soon
4    thereafter as may be practical, and $15,000,000 on July 1
5    and October 1, or as soon thereafter as may be practical,
6    during the period of July 1, 2013 through June 30, 2015,
7    for the administration of the Vehicle Emissions Inspection
8    Law of 2005, to be transferred by the State Comptroller and
9    Treasurer from the Motor Fuel Tax Fund into the Vehicle
10    Inspection Fund;
11        (5) amounts ordered paid by the Court of Claims; and
12        (6) payment of motor fuel use taxes due to member
13    jurisdictions under the terms of the International Fuel Tax
14    Agreement. The Department shall certify these amounts to
15    the Comptroller by the 15th day of each month; the
16    Comptroller shall cause orders to be drawn for such
17    amounts, and the Treasurer shall administer those amounts
18    on or before the last day of each month;
19    (e) after allocations for the purposes set forth in
20subsections (a), (b), (c) and (d), the remaining amount shall
21be apportioned as follows:
22        (1) Until January 1, 2000, 58.4%, and beginning January
23    1, 2000, 45.6% shall be deposited as follows:
24            (A) 37% into the State Construction Account Fund,
25        and
26            (B) 63% into the Road Fund, $1,250,000 of which

 

 

SB3279- 36 -LRB099 18584 HLH 45453 b

1        shall be reserved each month for the Department of
2        Transportation to be used in accordance with the
3        provisions of Sections 6-901 through 6-906 of the
4        Illinois Highway Code;
5        (2) Until January 1, 2000, 41.6%, and beginning January
6    1, 2000, 54.4% shall be transferred to the Department of
7    Transportation to be distributed as follows:
8            (A) 49.10% to the municipalities of the State,
9            (B) 16.74% to the counties of the State having
10        1,000,000 or more inhabitants,
11            (C) 18.27% to the counties of the State having less
12        than 1,000,000 inhabitants,
13            (D) 15.89% to the road districts of the State.
14    As soon as may be after the first day of each month the
15Department of Transportation shall allot to each municipality
16its share of the amount apportioned to the several
17municipalities which shall be in proportion to the population
18of such municipalities as determined by the last preceding
19municipal census if conducted by the Federal Government or
20Federal census. If territory is annexed to any municipality
21subsequent to the time of the last preceding census the
22corporate authorities of such municipality may cause a census
23to be taken of such annexed territory and the population so
24ascertained for such territory shall be added to the population
25of the municipality as determined by the last preceding census
26for the purpose of determining the allotment for that

 

 

SB3279- 37 -LRB099 18584 HLH 45453 b

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

 

 

SB3279- 38 -LRB099 18584 HLH 45453 b

1counties their share of the amount apportioned for the use of
2road districts. The allotment shall be apportioned among the
3several counties in the State in the proportion which the total
4mileage of township or district roads in the respective
5counties bears to the total mileage of all township and
6district roads in the State. Funds allotted to the respective
7counties for the use of road districts therein shall be
8allocated to the several road districts in the county in the
9proportion which the total mileage of such township or district
10roads in the respective road districts bears to the total
11mileage of all such township or district roads in the county.
12After July 1 of any year prior to 2011, no allocation shall be
13made for any road district unless it levied a tax for road and
14bridge purposes in an amount which will require the extension
15of such tax against the taxable property in any such road
16district at a rate of not less than either .08% of the value
17thereof, based upon the assessment for the year immediately
18prior to the year in which such tax was levied and as equalized
19by the Department of Revenue or, in DuPage County, an amount
20equal to or greater than $12,000 per mile of road under the
21jurisdiction of the road district, whichever is less. Beginning
22July 1, 2011 and each July 1 thereafter, an allocation shall be
23made for any road district if it levied a tax for road and
24bridge purposes. In counties other than DuPage County, if the
25amount of the tax levy requires the extension of the tax
26against the taxable property in the road district at a rate

 

 

SB3279- 39 -LRB099 18584 HLH 45453 b

1that is less than 0.08% of the value thereof, based upon the
2assessment for the year immediately prior to the year in which
3the tax was levied and as equalized by the Department of
4Revenue, then the amount of the allocation for that road
5district shall be a percentage of the maximum allocation equal
6to the percentage obtained by dividing the rate extended by the
7district by 0.08%. In DuPage County, if the amount of the tax
8levy requires the extension of the tax against the taxable
9property in the road district at a rate that is less than the
10lesser of (i) 0.08% of the value of the taxable property in the
11road district, based upon the assessment for the year
12immediately prior to the year in which such tax was levied and
13as equalized by the Department of Revenue, or (ii) a rate that
14will yield an amount equal to $12,000 per mile of road under
15the jurisdiction of the road district, then the amount of the
16allocation for the road district shall be a percentage of the
17maximum allocation equal to the percentage obtained by dividing
18the rate extended by the district by the lesser of (i) 0.08% or
19(ii) the rate that will yield an amount equal to $12,000 per
20mile of road under the jurisdiction of the road district.
21    Prior to 2011, if any road district has levied a special
22tax for road purposes pursuant to Sections 6-601, 6-602 and
236-603 of the Illinois Highway Code, and such tax was levied in
24an amount which would require extension at a rate of not less
25than .08% of the value of the taxable property thereof, as
26equalized or assessed by the Department of Revenue, or, in

 

 

SB3279- 40 -LRB099 18584 HLH 45453 b

1DuPage County, an amount equal to or greater than $12,000 per
2mile of road under the jurisdiction of the road district,
3whichever is less, such levy shall, however, be deemed a proper
4compliance with this Section and shall qualify such road
5district for an allotment under this Section. Beginning in 2011
6and thereafter, if any road district has levied a special tax
7for road purposes under Sections 6-601, 6-602, and 6-603 of the
8Illinois Highway Code, and the tax was levied in an amount that
9would require extension at a rate of not less than 0.08% of the
10value of the taxable property of that road district, as
11equalized or assessed by the Department of Revenue or, in
12DuPage County, an amount equal to or greater than $12,000 per
13mile of road under the jurisdiction of the road district,
14whichever is less, that levy shall be deemed a proper
15compliance with this Section and shall qualify such road
16district for a full, rather than proportionate, allotment under
17this Section. If the levy for the special tax is less than
180.08% of the value of the taxable property, or, in DuPage
19County if the levy for the special tax is less than the lesser
20of (i) 0.08% or (ii) $12,000 per mile of road under the
21jurisdiction of the road district, and if the levy for the
22special tax is more than any other levy for road and bridge
23purposes, then the levy for the special tax qualifies the road
24district for a proportionate, rather than full, allotment under
25this Section. If the levy for the special tax is equal to or
26less than any other levy for road and bridge purposes, then any

 

 

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1allotment under this Section shall be determined by the other
2levy for road and bridge purposes.
3    Prior to 2011, if a township has transferred to the road
4and bridge fund money which, when added to the amount of any
5tax levy of the road district would be the equivalent of a tax
6levy requiring extension at a rate of at least .08%, or, in
7DuPage County, an amount equal to or greater than $12,000 per
8mile of road under the jurisdiction of the road district,
9whichever is less, such transfer, together with any such tax
10levy, shall be deemed a proper compliance with this Section and
11shall qualify the road district for an allotment under this
12Section.
13    In counties in which a property tax extension limitation is
14imposed under the Property Tax Extension Limitation Law, road
15districts may retain their entitlement to a motor fuel tax
16allotment or, beginning in 2011, their entitlement to a full
17allotment if, at the time the property tax extension limitation
18was imposed, the road district was levying a road and bridge
19tax at a rate sufficient to entitle it to a motor fuel tax
20allotment and continues to levy the maximum allowable amount
21after the imposition of the property tax extension limitation.
22Any road district may in all circumstances retain its
23entitlement to a motor fuel tax allotment or, beginning in
242011, its entitlement to a full allotment if it levied a road
25and bridge tax in an amount that will require the extension of
26the tax against the taxable property in the road district at a

 

 

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1rate of not less than 0.08% of the assessed value of the
2property, based upon the assessment for the year immediately
3preceding the year in which the tax was levied and as equalized
4by the Department of Revenue or, in DuPage County, an amount
5equal to or greater than $12,000 per mile of road under the
6jurisdiction of the road district, whichever is less.
7    As used in this Section the term "road district" means any
8road district, including a county unit road district, provided
9for by the Illinois Highway Code; and the term "township or
10district road" means any road in the township and district road
11system as defined in the Illinois Highway Code. For the
12purposes of this Section, "township or district road" also
13includes such roads as are maintained by park districts, forest
14preserve districts and conservation districts. The Department
15of Transportation shall determine the mileage of all township
16and district roads for the purposes of making allotments and
17allocations of motor fuel tax funds for use in road districts.
18    Payment of motor fuel tax moneys to municipalities and
19counties shall be made as soon as possible after the allotment
20is made. The treasurer of the municipality or county may invest
21these funds until their use is required and the interest earned
22by these investments shall be limited to the same uses as the
23principal funds.
24(Source: P.A. 97-72, eff. 7-1-11; 97-333, eff. 8-12-11; 98-24,
25eff. 6-19-13; 98-674, eff. 6-30-14.)
 

 

 

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1    Section 5-20. The Illinois Vehicle Code is amended by
2changing Sections 3-804, 3-804.01, 3-804.02, 3-804.3, 3-805,
33-806, and 3-813 as follows:
 
4    (625 ILCS 5/3-804)  (from Ch. 95 1/2, par. 3-804)
5    Sec. 3-804. Antique vehicles.
6    (a) The owner of an antique vehicle may register such
7vehicle for a fee not to exceed (i) $13 for a 2-year antique
8plate if the first registration year of the 2-year period
9begins prior to January 1, 2017 and (ii) $19 for a 2-year
10antique plate if the first registration year of the 2-year
11period begins on or after January 1, 2017 and prior to January
121, 2018. The application for registration must be accompanied
13by an affirmation of the owner that such vehicle will be driven
14on the highway only for the purpose of going to and returning
15from an antique auto show or an exhibition, or for servicing or
16demonstration and also affirming that the mechanical
17condition, physical condition, brakes, lights, glass and
18appearance of such vehicle is the same or as safe as originally
19equipped. The Secretary may, in his discretion prescribe that
20antique vehicle plates be issued for a definite or an
21indefinite term, such term to correspond to the term of
22registration plates issued generally, as provided in Section
233-414.1. In no event may the registration fee for antique
24vehicles exceed (i) $6 per registration year for registration
25years beginning prior to January 1, 2017 and (ii) $9 for

 

 

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1registration years beginning on or after January 1, 2017 and
2prior to January 1, 2018. For registration years beginning on
3or after January 1, 2018, each of the maximum vehicle fees
4under this subsection (a) shall be increased annually by the
5percentage increase, if any, in the Consumer Price Index for
6All Urban Consumers, as issued by the United States Department
7of Labor, during the previous 12-month period. Any person
8requesting antique plates under this Section may also apply to
9have vanity or personalized plates as provided under Section
103-405.1.
11    (b) Any person who is the registered owner of an antique
12vehicle may display a historical license plate from or
13representing the model year of the vehicle, furnished by such
14person, in lieu of the current and valid Illinois antique
15vehicle plates issued thereto, provided that valid and current
16Illinois antique vehicle plates and registration card issued to
17such antique vehicle are simultaneously carried within such
18vehicle and are available for inspection.
19(Source: P.A. 91-37, eff. 7-1-99.)
 
20    (625 ILCS 5/3-804.01)
21    Sec. 3-804.01. Expanded-use antique vehicles.
22    (a) The owner of a motor vehicle that is more than 25 years
23of age or a bona fide replica thereof may register the vehicle
24as an expanded-use antique vehicle. In addition to the
25appropriate registration and renewal fees, the fee for

 

 

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1expanded-use antique vehicle registration and renewal shall be
2(i) $45 per year for registration years beginning prior to
3January 1, 2017 and (ii) $67 per year for registration years
4beginning on or after January 1, 2017 and prior to January 1,
52018. For registration years beginning on or after January 1,
62018, the vehicle fee under this subsection (a) shall be
7increased annually by the percentage increase, if any, in the
8Consumer Price Index for All Urban Consumers, as issued by the
9United States Department of Labor, during the previous 12-month
10period. The application for registration must be accompanied by
11an affirmation of the owner that:
12        (1) from January 1 through March 31 and from November 1
13    through December 31, the vehicle will be driven on the
14    highways only for the purpose of going to and returning
15    from an antique auto show or an exhibition, or for
16    servicing or demonstration; and
17        (2) the mechanical condition, physical condition,
18    brakes, lights, glass, and appearance of such vehicle is
19    the same or as safe as originally equipped.
20    From April 1 through October 31, a vehicle registered as an
21expanded-use antique vehicle may be driven on the highways
22without being subject to the restrictions set forth in
23subdivision (1). The Secretary may prescribe, in the
24Secretary's discretion, that expanded-use antique vehicle
25plates be issued for a definite or an indefinite term, such
26term to correspond to the term of registration plates issued

 

 

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1generally, as provided in Section 3-414.1. Any person
2requesting expanded-use antique vehicle plates under this
3Section may also apply to have vanity or personalized plates as
4provided under Section 3-405.1.
5    (b) Any person who is the registered owner of an
6expanded-use antique vehicle may display a historical license
7plate from or representing the model year of the vehicle,
8furnished by such person, in lieu of the current and valid
9Illinois expanded-use antique vehicle plates issued thereto,
10provided that the valid and current Illinois expanded-use
11antique vehicle plates and registration card issued to the
12expanded-use antique vehicle are simultaneously carried within
13the vehicle and are available for inspection.
14    (c) The Secretary may credit a pro-rated portion of a fee
15previously paid for an antique vehicle registration under
16Section 3-804 to an owner who applies to have that vehicle
17registered as an expanded-use antique vehicle instead of an
18antique vehicle.
19(Source: P.A. 97-412, eff. 1-1-12.)
 
20    (625 ILCS 5/3-804.02)  (from Ch. 95 1/2, par. 3-804.02)
21    Sec. 3-804.02. Commuter Vans. The owner of a commuter van
22may register such van for an annual fee not to exceed (i) $63
23for registration years beginning prior to January 1, 2017 and
24(ii) $94 for registration years beginning on or after January
251, 2017 and prior to January 1, 2018. For registration years

 

 

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1beginning on or after January 1, 2018, the vehicle fee under
2this Section shall be increased annually by the percentage
3increase, if any, in the Consumer Price Index for All Urban
4Consumers, as issued by the United States Department of Labor,
5during the previous 12-month period. The Secretary may
6prescribe that commuter van plates be issued for an indefinite
7term, such term to correspond to the term of registration
8plates issued generally. In no event may the registration fee
9for commuter vans exceed the maximum registration fee set forth
10in this Section for any $63 per registration year.
11(Source: P.A. 90-89, eff. 1-1-98; 91-37, eff. 7-1-99.)
 
12    (625 ILCS 5/3-804.3)
13    Sec. 3-804.3. Former military vehicles.
14    (a) The owner of a former military vehicle may register the
15vehicle for a fee not to exceed:
16        (1) $100 for a vehicle with a gross vehicle weight
17    rating of 26,000 pounds or less (i) $100 for registration
18    years beginning prior to January 1, 2017 and (ii) $150 for
19    registration years beginning on or after January 1, 2017
20    and prior to January 1, 2018;
21        (2) $150 for a vehicle with a gross vehicle weight
22    rating of 26,001 to 45,000 pounds (i) $150 for registration
23    years beginning prior to January 1, 2017 and (ii) $225 for
24    registration years beginning on or after January 1, 2017
25    and prior to January 1, 2018;

 

 

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1        (3) $500 for a vehicle with a gross vehicle weight
2    rating of 45,001 to 65,000 pounds (i) $500 for registration
3    years beginning prior to January 1, 2017 and (ii) $750 for
4    registration years beginning on or after January 1, 2017
5    and prior to January 1, 2018;
6        (4) $1,000 for a vehicle with a gross vehicle weight
7    rating of over 65,000 pounds (i) $1,000 for registration
8    years beginning prior to January 1, 2017 and (ii) $1,500
9    for registration years beginning on or after January 1,
10    2017 and prior to January 1, 2018; or
11        (5) $25 for a trailer with a weight of 3,000 pounds or
12    less (i) $25 for registration years beginning prior to
13    January 1, 2017 and (ii) $37 for registration years
14    beginning on or after January 1, 2017 and prior to January
15    1, 2018; or
16        (6) $75 for a trailer with a weight of over 3,000
17    pounds (i) $75 for registration years beginning prior to
18    January 1, 2017 and (ii) $112 for registration years
19    beginning on or after January 1, 2017 and prior to January
20    1, 2018.
21    For registration years beginning on or after January 1,
222018, the vehicle fees under this subsection (a) shall be
23increased annually by the percentage increase, if any, in the
24Consumer Price Index for All Urban Consumers, as issued by the
25United States Department of Labor, during the previous 12-month
26period.

 

 

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1    (b) The Secretary may prescribe, in the Secretary's
2discretion, that former military vehicle plates be issued for a
3definite or an indefinite term, such term to correspond to the
4term of registration plates issued generally, as provided in
5Section 3-414.1. Any person requesting former military vehicle
6plates under this Section may also apply to have vanity or
7personalized plates as provided under Section 3-405.1.
8    (c) A vehicle registered as a former military vehicle is
9not subject to Section 3-815 and 3-818 of this Code.
10    (d) A vehicle may not be registered under this Section
11unless a title for the vehicle has been issued by the Secretary
12and the vehicle is eligible for registration without regard to
13its status as a military vehicle.
14(Source: P.A. 97-811, eff. 7-13-12.)
 
15    (625 ILCS 5/3-805)  (from Ch. 95 1/2, par. 3-805)
16    Sec. 3-805. Electric vehicles. The owner of a motor
17vehicle of the first division or a motor vehicle of the second
18division weighing 8,000 pounds or less propelled by an electric
19engine and not utilizing motor fuel, may register such vehicle
20for a 2-year registration period for a fee not to exceed (i)
21$35 if the first registration year of the 2-year period begins
22prior to January 1, 2017 and (ii) $52 if the first registration
23year of the 2-year period begins on or after January 1, 2017
24and prior to January 1, 2018 for a 2-year registration period.
25The Secretary may, in his discretion, prescribe that electric

 

 

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1vehicle registration plates be issued for an indefinite term,
2such term to correspond to the term of registration plates
3issued generally, as provided in Section 3-414.1. In no event
4may the registration fee for electric vehicles exceed (i) $18
5per registration year for registration years beginning prior to
6January 1, 2017 and (ii) $27 per registration year registration
7years beginning on or after January 1, 2017 and prior to
8January 1, 2018. For registration years beginning on or after
9January 1, 2018, each of the maximum vehicle fees under this
10Section shall be increased annually by the percentage increase,
11if any, in the Consumer Price Index for All Urban Consumers, as
12issued by the United States Department of Labor, during the
13previous 12-month period.
14(Source: P.A. 96-1135, eff. 7-21-10.)
 
15    (625 ILCS 5/3-806)  (from Ch. 95 1/2, par. 3-806)
16    Sec. 3-806. Registration Fees; Motor Vehicles of the First
17Division.
18    (a) Every owner of any other motor vehicle of the first
19division, except as provided in Sections 3-804, 3-804.01,
203-804.3, 3-805, 3-806.3, 3-806.7, and 3-808, and every second
21division vehicle weighing 8,000 pounds or less, shall pay the
22Secretary of State an annual registration fee at the rates set
23forth in subsection (b). following rates:
24    (b) For the 2010 registration year through the 2016
25registration year, the registration fees shall be the fees set

 

 

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1forth in the following table.
 
2SCHEDULE OF REGISTRATION FEES
3REQUIRED BY LAW
4Beginning with the 2010 registration year
5Annual Fee
6Motor vehicles of the first division other
7than Autocycles, Motorcycles, Motor
8Driven Cycles and Pedalcycles$98
9
10Autocycles68
11
12Motorcycles, Motor Driven
13Cycles and Pedalcycles 38
14    For the 2017 registration year, the registration fees shall
15be as follows:
16        (1) For motor vehicles of the first division other than
17    Autocycles, Motorcycles, Motor Driven Cycles and
18    Pedalcycles..............................................$147
19        (2) For autocycles...............................$102
20        (3) For Motorcycles, Motor Driven Cycles, and
21    Pedalcycles..............................................$67.
22    For the 2018 registration year and each registration year
23thereafter, the registration fees set forth in paragraphs (1),
24(2), and (3) shall be increased by the percentage increase, if
25any, in the Consumer Price Index for All Urban Consumers, as

 

 

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1issued by the United States Department of Labor, during the
2previous 12-month period.
3    (c) A $1 surcharge shall be collected in addition to the
4above fees for motor vehicles of the first division,
5autocycles, motorcycles, motor driven cycles, and pedalcycles
6to be deposited into the State Police Vehicle Fund.
7    (d) All of the proceeds of the additional fees imposed by
8Public Act 96-34 shall be deposited into the Capital Projects
9Fund.
10    (e) A $2 surcharge shall be collected in addition to the
11above fees for motor vehicles of the first division,
12autocycles, motorcycles, motor driven cycles, and pedalcycles
13to be deposited into the Park and Conservation Fund for the
14Department of Natural Resources to use for conservation
15efforts. The monies deposited into the Park and Conservation
16Fund under this Section shall not be subject to administrative
17charges or chargebacks unless otherwise authorized by this Act.
18(Source: P.A. 97-412, eff. 1-1-12; 97-811, eff. 7-13-12;
1997-1136, eff. 1-1-13; 98-463, eff. 8-16-13; 98-777, eff.
201-1-15.)
 
21    (625 ILCS 5/3-813)  (from Ch. 95 1/2, par. 3-813)
22    Sec. 3-813. Vehicles of second division - Registration fee.
23Except as otherwise provided in this Code, all owners of
24vehicles of the second division which are designed, equipped or
25used for carrying freight, goods, wares, merchandise, or for

 

 

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1use as living quarters; and all owners of vehicles of the first
2division which have been remodelled and are being used for such
3purposes; and all owners of motor vehicles operated as truck
4tractors to the weights of which are added to the gross weights
5of semitrailers with their maximum loads when drawn by such
6truck tractors; and all owners of vehicles of the second
7division which are used for carrying more than 10 persons,
8shall pay to the Secretary of State for each registration year,
9for the use of the public highways of this State, a
10registration fee of $10 for each such vehicle, which shall be
11collected as part of the flat weight tax assessed under Section
123-815 of this Code. For registration years beginning prior to
13January 1, 2017, the registration fee shall be $10 for each
14such vehicle. For registration years beginning on and after
15January 1, 2017 and prior to January 1, 2018, the registration
16fee shall be $15 for each such vehicle. For registration years
17beginning on or after January 1, 2018, the fee under this
18Section shall be increased annually by the percentage increase,
19if any, in the Consumer Price Index for All Urban Consumers, as
20issued by the United States Department of Labor, during the
21previous 12-month period A self-propelled vehicle operated as a
22truck tractor and one semitrailer or a combination of a truck
23tractor and semitrailer drawing a trailer or a semitrailer
24converted to a trailer through use of an auxiliary axle or any
25combination of apportioned vehicles shall be considered as one
26vehicle in computing the flat weight taxes under Section 3-815.

 

 

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1(Source: P.A. 99-127, eff. 1-1-16.)
 
2    Section 999. Effective date. This Act takes effect upon
3becoming law.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    New Act
4    30 ILCS 105/5.875 new
5    35 ILCS 5/212
6    35 ILCS 505/2from Ch. 120, par. 418
7    35 ILCS 505/8from Ch. 120, par. 424
8    625 ILCS 5/3-804from Ch. 95 1/2, par. 3-804
9    625 ILCS 5/3-804.01
10    625 ILCS 5/3-804.02from Ch. 95 1/2, par. 3-804.02
11    625 ILCS 5/3-804.3
12    625 ILCS 5/3-805from Ch. 95 1/2, par. 3-805
13    625 ILCS 5/3-806from Ch. 95 1/2, par. 3-806
14    625 ILCS 5/3-813from Ch. 95 1/2, par. 3-813