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Full Text of HB3136  100th General Assembly

HB3136ham001 100TH GENERAL ASSEMBLY

Rep. Robert W. Pritchard

Filed: 3/3/2017

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 3136

2    AMENDMENT NO. ______. Amend House Bill 3136 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Motor Fuel Tax Law is amended by changing
5Section 2 as follows:
 
6    (35 ILCS 505/2)  (from Ch. 120, par. 418)
7    Sec. 2. A tax is imposed on the privilege of operating
8motor vehicles upon the public highways and recreational-type
9watercraft upon the waters of this State.
10    (a) Prior to August 1, 1989, the tax is imposed at the rate
11of 13 cents per gallon on all motor fuel used in motor vehicles
12operating on the public highways and recreational type
13watercraft operating upon the waters of this State. Beginning
14on August 1, 1989 and until January 1, 1990, the rate of the
15tax imposed in this paragraph shall be 16 cents per gallon.
16Beginning January 1, 1990 and through December 31, 2017, the

 

 

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1rate of tax imposed in this paragraph shall be 19 cents per
2gallon. Beginning on January 1, 2018, the rate of tax imposed
3in this paragraph shall be 29 cents per gallon.
4    (b) The tax on the privilege of operating motor vehicles
5which use diesel fuel shall be the rate according to paragraph
6(a) plus an additional 2 1/2 cents per gallon. "Diesel fuel" is
7defined as any product intended for use or offered for sale as
8a fuel for engines in which the fuel is injected into the
9combustion chamber and ignited by pressure without electric
10spark.
11    (c) A tax is imposed upon the privilege of engaging in the
12business of selling motor fuel as a retailer or reseller on all
13motor fuel used in motor vehicles operating on the public
14highways and recreational type watercraft operating upon the
15waters of this State: (1) at the rate of 3 cents per gallon on
16motor fuel owned or possessed by such retailer or reseller at
1712:01 a.m. on August 1, 1989; and (2) at the rate of 3 cents per
18gallon on motor fuel owned or possessed by such retailer or
19reseller at 12:01 A.M. on January 1, 1990.
20    Retailers and resellers who are subject to this additional
21tax shall be required to inventory such motor fuel and pay this
22additional tax in a manner prescribed by the Department of
23Revenue.
24    The tax imposed in this paragraph (c) shall be in addition
25to all other taxes imposed by the State of Illinois or any unit
26of local government in this State.

 

 

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1    (d) Except as provided in Section 2a, the collection of a
2tax based on gallonage of gasoline used for the propulsion of
3any aircraft is prohibited on and after October 1, 1979.
4    (e) The collection of a tax, based on gallonage of all
5products commonly or commercially known or sold as 1-K
6kerosene, regardless of its classification or uses, is
7prohibited (i) on and after July 1, 1992 until December 31,
81999, except when the 1-K kerosene is either: (1) delivered
9into bulk storage facilities of a bulk user, or (2) delivered
10directly into the fuel supply tanks of motor vehicles and (ii)
11on and after January 1, 2000. Beginning on January 1, 2000, the
12collection of a tax, based on gallonage of all products
13commonly or commercially known or sold as 1-K kerosene,
14regardless of its classification or uses, is prohibited except
15when the 1-K kerosene is delivered directly into a storage tank
16that is located at a facility that has withdrawal facilities
17that are readily accessible to and are capable of dispensing
181-K kerosene into the fuel supply tanks of motor vehicles. For
19purposes of this subsection (e), a facility is considered to
20have withdrawal facilities that are not "readily accessible to
21and capable of dispensing 1-K kerosene into the fuel supply
22tanks of motor vehicles" only if the 1-K kerosene is delivered
23from: (i) a dispenser hose that is short enough so that it will
24not reach the fuel supply tank of a motor vehicle or (ii) a
25dispenser that is enclosed by a fence or other physical barrier
26so that a vehicle cannot pull alongside the dispenser to permit

 

 

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1fueling.
2    Any person who sells or uses 1-K kerosene for use in motor
3vehicles upon which the tax imposed by this Law has not been
4paid shall be liable for any tax due on the sales or use of 1-K
5kerosene.
6(Source: P.A. 96-1384, eff. 7-29-10.)".