101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2143

 

Introduced , by Rep. William Davis

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 2705/2705-615 new
35 ILCS 505/8  from Ch. 120, par. 424

    Amends the Motor Fuel Tax Law. Provides that the Department of Revenue shall prepare a list of all affected municipalities, counties, and road districts receiving more than $1,500,000 in motor fuel tax revenue in the previous year. Provides that no municipality, county, or road district that received distributions totaling more than $2,000,000 in any State fiscal year beginning on or after July 1, 2019 shall receive any funds on or after July 1 of the third fiscal year to occur after the fiscal year in which the municipality, county, or road district received distributions totaling more than $2,000,000 unless, on or before June 30 of the second fiscal year the municipality, county, or road district received distributions totaling more than $2,000,000, that municipality, county, or road district implements a disadvantaged business enterprise program setting goals for the inclusion of minority, veteran, and female-owned businesses in the procurement of all contracts. Amends the Department of Transportation Law of the Civil Administrative Code of Illinois. Provides that the Department of Transportation shall publish and maintain on its website all relevant data for establishing regional goals for affected municipalities, counties, and road districts to implement business enterprise programs. Effective immediately.


LRB101 08211 HLH 53277 b

 

 

A BILL FOR

 

HB2143LRB101 08211 HLH 53277 b

1    AN ACT concerning revenue.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Department of Transportation Law of the
5Civil Administrative Code of Illinois is amended by adding
6Section 2705-615 as follows:
 
7    (20 ILCS 2705/2705-615 new)
8    Sec. 2705-615. Business enterprise program data. The
9Department of Transportation shall publish and continuously
10maintain on its website all relevant data in its possession for
11establishing regional goals for affected municipalities,
12counties, and road districts to implement business enterprise
13programs as provided in Section 8 of the Motor Fuel Tax Law,
14including: (i) the Department's most recent disparity study;
15(ii) all other studies and data collected and generated for the
16Department's calculation of goals for its disadvantaged
17business enterprise program; and (iii) any lists of available
18contractors and subcontractors that participate in the
19Department's disadvantaged business enterprise program. This
20data shall be published as a public resource to affected
21municipalities, counties, and road districts but in no
22circumstance shall the Department be responsible in any way for
23the implementation of a local disadvantaged business

 

 

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1enterprise program.
 
2    Section 10. The Motor Fuel Tax Law is amended by changing
3Section 8 as follows:
 
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, shall be deposited in a special fund in the State
11treasury, to be known as the "Motor Fuel Tax Fund", and shall
12be used as follows:
13    (a) 2 1/2 cents per gallon of the tax collected on special
14fuel under paragraph (b) of Section 2 and Section 13a of this
15Act shall be transferred to the State Construction Account Fund
16in the State Treasury;
17    (b) $420,000 shall be transferred each month to the State
18Boating Act Fund to be used by the Department of Natural
19Resources for the purposes specified in Article X of the Boat
20Registration and Safety Act;
21    (c) $3,500,000 shall be transferred each month to the Grade
22Crossing Protection Fund to be used as follows: not less than
23$12,000,000 each fiscal year shall be used for the construction
24or reconstruction of rail highway grade separation structures;

 

 

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1$2,250,000 in fiscal years 2004 through 2009 and $3,000,000 in
2fiscal year 2010 and each fiscal year thereafter shall be
3transferred to the Transportation Regulatory Fund and shall be
4accounted for as part of the rail carrier portion of such funds
5and shall be used to pay the cost of administration of the
6Illinois Commerce Commission's railroad safety program in
7connection with its duties under subsection (3) of Section
818c-7401 of the Illinois Vehicle Code, with the remainder to be
9used by the Department of Transportation upon order of the
10Illinois Commerce Commission, to pay that part of the cost
11apportioned by such Commission to the State to cover the
12interest of the public in the use of highways, roads, streets,
13or pedestrian walkways in the county highway system, township
14and district road system, or municipal street system as defined
15in the Illinois Highway Code, as the same may from time to time
16be amended, for separation of grades, for installation,
17construction or reconstruction of crossing protection or
18reconstruction, alteration, relocation including construction
19or improvement of any existing highway necessary for access to
20property or improvement of any grade crossing and grade
21crossing surface including the necessary highway approaches
22thereto of any railroad across the highway or public road, or
23for the installation, construction, reconstruction, or
24maintenance of a pedestrian walkway over or under a railroad
25right-of-way, as provided for in and in accordance with Section
2618c-7401 of the Illinois Vehicle Code. The Commission may order

 

 

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1up to $2,000,000 per year in Grade Crossing Protection Fund
2moneys for the improvement of grade crossing surfaces and up to
3$300,000 per year for the maintenance and renewal of 4-quadrant
4gate vehicle detection systems located at non-high speed rail
5grade crossings. The Commission shall not order more than
6$2,000,000 per year in Grade Crossing Protection Fund moneys
7for pedestrian walkways. In entering orders for projects for
8which payments from the Grade Crossing Protection Fund will be
9made, the Commission shall account for expenditures authorized
10by the orders on a cash rather than an accrual basis. For
11purposes of this requirement an "accrual basis" assumes that
12the total cost of the project is expended in the fiscal year in
13which the order is entered, while a "cash basis" allocates the
14cost of the project among fiscal years as expenditures are
15actually made. To meet the requirements of this subsection, the
16Illinois Commerce Commission shall develop annual and 5-year
17project plans of rail crossing capital improvements that will
18be paid for with moneys from the Grade Crossing Protection
19Fund. The annual project plan shall identify projects for the
20succeeding fiscal year and the 5-year project plan shall
21identify projects for the 5 directly succeeding fiscal years.
22The Commission shall submit the annual and 5-year project plans
23for this Fund to the Governor, the President of the Senate, the
24Senate Minority Leader, the Speaker of the House of
25Representatives, and the Minority Leader of the House of
26Representatives on the first Wednesday in April of each year;

 

 

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

 

 

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

 

 

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1        Transportation to be used in accordance with the
2        provisions of Sections 6-901 through 6-906 of the
3        Illinois Highway Code;
4        (2) Until January 1, 2000, 41.6%, and beginning January
5    1, 2000, 54.4% shall be transferred to the Department of
6    Transportation to be distributed as follows:
7            (A) 49.10% to the municipalities of the State,
8            (B) 16.74% to the counties of the State having
9        1,000,000 or more inhabitants,
10            (C) 18.27% to the counties of the State having less
11        than 1,000,000 inhabitants,
12            (D) 15.89% to the road districts of the State.
13    As soon as may be after the first day of each month the
14Department of Transportation shall allot to each municipality
15its share of the amount apportioned to the several
16municipalities which shall be in proportion to the population
17of such municipalities as determined by the last preceding
18municipal census if conducted by the Federal Government or
19Federal census. If territory is annexed to any municipality
20subsequent to the time of the last preceding census the
21corporate authorities of such municipality may cause a census
22to be taken of such annexed territory and the population so
23ascertained for such territory shall be added to the population
24of the municipality as determined by the last preceding census
25for the purpose of determining the allotment for that
26municipality. If the population of any municipality was not

 

 

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1determined by the last Federal census preceding any
2apportionment, the apportionment to such municipality shall be
3in accordance with any census taken by such municipality. Any
4municipal census used in accordance with this Section shall be
5certified to the Department of Transportation by the clerk of
6such municipality, and the accuracy thereof shall be subject to
7approval of the Department which may make such corrections as
8it ascertains to be necessary.
9    As soon as may be after the first day of each month the
10Department of Transportation shall allot to each county its
11share of the amount apportioned to the several counties of the
12State as herein provided. Each allotment to the several
13counties having less than 1,000,000 inhabitants shall be in
14proportion to the amount of motor vehicle license fees received
15from the residents of such counties, respectively, during the
16preceding calendar year. The Secretary of State shall, on or
17before April 15 of each year, transmit to the Department of
18Transportation a full and complete report showing the amount of
19motor vehicle license fees received from the residents of each
20county, respectively, during the preceding calendar year. The
21Department of Transportation shall, each month, use for
22allotment purposes the last such report received from the
23Secretary of State.
24    As soon as may be after the first day of each month, the
25Department of Transportation shall allot to the several
26counties their share of the amount apportioned for the use of

 

 

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1road districts. The allotment shall be apportioned among the
2several counties in the State in the proportion which the total
3mileage of township or district roads in the respective
4counties bears to the total mileage of all township and
5district roads in the State. Funds allotted to the respective
6counties for the use of road districts therein shall be
7allocated to the several road districts in the county in the
8proportion which the total mileage of such township or district
9roads in the respective road districts bears to the total
10mileage of all such township or district roads in the county.
11After July 1 of any year prior to 2011, no allocation shall be
12made for any road district unless it levied a tax for road and
13bridge purposes in an amount which will require the extension
14of such tax against the taxable property in any such road
15district at a rate of not less than either .08% of the value
16thereof, based upon the assessment for the year immediately
17prior to the year in which such tax was levied and as equalized
18by the Department of Revenue or, in DuPage County, an amount
19equal to or greater than $12,000 per mile of road under the
20jurisdiction of the road district, whichever is less. Beginning
21July 1, 2011 and each July 1 thereafter, an allocation shall be
22made for any road district if it levied a tax for road and
23bridge purposes. In counties other than DuPage County, if the
24amount of the tax levy requires the extension of the tax
25against the taxable property in the road district at a rate
26that is less than 0.08% of the value thereof, based upon the

 

 

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1assessment for the year immediately prior to the year in which
2the tax was levied and as equalized by the Department of
3Revenue, then the amount of the allocation for that road
4district shall be a percentage of the maximum allocation equal
5to the percentage obtained by dividing the rate extended by the
6district by 0.08%. In DuPage County, if the amount of the tax
7levy requires the extension of the tax against the taxable
8property in the road district at a rate that is less than the
9lesser of (i) 0.08% of the value of the taxable property in the
10road district, based upon the assessment for the year
11immediately prior to the year in which such tax was levied and
12as equalized by the Department of Revenue, or (ii) a rate that
13will yield an amount equal to $12,000 per mile of road under
14the jurisdiction of the road district, then the amount of the
15allocation for the road district shall be a percentage of the
16maximum allocation equal to the percentage obtained by dividing
17the rate extended by the district by the lesser of (i) 0.08% or
18(ii) the rate that will yield an amount equal to $12,000 per
19mile of road under the jurisdiction of the road district.
20    The Department shall prepare a continuous list (which may
21include a link to information already maintained on the
22Department's website) of all affected municipalities,
23counties, and road districts receiving more than $1,500,000 in
24motor fuel tax revenue in the previous fiscal year; the
25Department shall publish and continuously maintain the list on
26its website. Notwithstanding any other provision of law, no

 

 

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1municipality, county, or road district that received
2distributions under this subsection (e) totaling more than
3$2,000,000 in any State fiscal year beginning on or after July
41, 2019 shall receive any funds under this subsection (e) on or
5after July 1 of the third fiscal year to occur after the fiscal
6year in which the municipality, county, or road district
7received distributions totaling more than $2,000,000 unless,
8on or before June 30 of the second fiscal year after the
9municipality, county, or road district received distributions
10totaling more than $2,000,000, that municipality, county, or
11road district implements a disadvantaged business enterprise
12program setting goals for the inclusion of minority, veteran,
13and female-owned businesses in the procurement of all
14contracts, including, but not limited to, contracts funded
15using motor fuel tax revenue. Those programs shall (i) cover
16both professional services and construction procurement and
17(ii) be substantially similar to the State's disadvantaged
18business enterprise program for the region in which the
19municipality, county, or road district is located, as
20established in the Department's most recent disparity study.
21The Department of Transportation shall prepare a list of all
22affected municipalities, counties, and road districts and
23shall publish the list on its website. Any municipality,
24county, or road district that is subject to this paragraph may
25adopt processes requiring disadvantaged business enterprises
26and non-disadvantaged business enterprises to provide

 

 

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1additional documentation and assurances that the enterprise is
2qualified to complete the necessary work of the contract. No
3such municipality, county, or road district may adopt separate
4standards for disadvantaged business enterprises and
5non-disadvantaged business enterprises. Any additional
6processes must conform with 49 C.F.R. 26. This amendatory Act
7of the 101st General Assembly does not apply to any
8municipality, county, or road district that has established a
9disadvantaged business enterprise program prior to the
10effective date of this amendatory Act of the 101st General
11Assembly, as required by regulations adopted by the United
12States Department of Transportation at 49 C.F.R. 26.
13    With respect to municipalities, counties, and road
14districts that are subject to the disadvantaged business
15enterprise program requirements of the preceding paragraph,
16when a disadvantaged business enterprise bid price is more than
175% above the non-disadvantaged business enterprise bid price,
18the municipality, county, or road district may grant a goal
19modification if it determines that good faith efforts have been
20met on the part of the prime contractor in accordance with 49
21C.F.R. 26.
22    Prior to 2011, if any road district has levied a special
23tax for road purposes pursuant to Sections 6-601, 6-602 and
246-603 of the Illinois Highway Code, and such tax was levied in
25an amount which would require extension at a rate of not less
26than .08% of the value of the taxable property thereof, as

 

 

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1equalized or assessed by the Department of Revenue, or, in
2DuPage County, an amount equal to or greater than $12,000 per
3mile of road under the jurisdiction of the road district,
4whichever is less, such levy shall, however, be deemed a proper
5compliance with this Section and shall qualify such road
6district for an allotment under this Section. Beginning in 2011
7and thereafter, if any road district has levied a special tax
8for road purposes under Sections 6-601, 6-602, and 6-603 of the
9Illinois Highway Code, and the tax was levied in an amount that
10would require extension at a rate of not less than 0.08% of the
11value of the taxable property of that road district, as
12equalized or assessed by the Department of Revenue or, in
13DuPage County, an amount equal to or greater than $12,000 per
14mile of road under the jurisdiction of the road district,
15whichever is less, that levy shall be deemed a proper
16compliance with this Section and shall qualify such road
17district for a full, rather than proportionate, allotment under
18this Section. If the levy for the special tax is less than
190.08% of the value of the taxable property, or, in DuPage
20County if the levy for the special tax is less than the lesser
21of (i) 0.08% or (ii) $12,000 per mile of road under the
22jurisdiction of the road district, and if the levy for the
23special tax is more than any other levy for road and bridge
24purposes, then the levy for the special tax qualifies the road
25district for a proportionate, rather than full, allotment under
26this Section. If the levy for the special tax is equal to or

 

 

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1less than any other levy for road and bridge purposes, then any
2allotment under this Section shall be determined by the other
3levy for road and bridge purposes.
4    Prior to 2011, if a township has transferred to the road
5and bridge fund money which, when added to the amount of any
6tax levy of the road district would be the equivalent of a tax
7levy requiring extension at a rate of at least .08%, or, in
8DuPage County, an amount equal to or greater than $12,000 per
9mile of road under the jurisdiction of the road district,
10whichever is less, such transfer, together with any such tax
11levy, shall be deemed a proper compliance with this Section and
12shall qualify the road district for an allotment under this
13Section.
14    In counties in which a property tax extension limitation is
15imposed under the Property Tax Extension Limitation Law, road
16districts may retain their entitlement to a motor fuel tax
17allotment or, beginning in 2011, their entitlement to a full
18allotment if, at the time the property tax extension limitation
19was imposed, the road district was levying a road and bridge
20tax at a rate sufficient to entitle it to a motor fuel tax
21allotment and continues to levy the maximum allowable amount
22after the imposition of the property tax extension limitation.
23Any road district may in all circumstances retain its
24entitlement to a motor fuel tax allotment or, beginning in
252011, its entitlement to a full allotment if it levied a road
26and bridge tax in an amount that will require the extension of

 

 

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1the tax against the taxable property in the road district at a
2rate of not less than 0.08% of the assessed value of the
3property, based upon the assessment for the year immediately
4preceding the year in which the tax was levied and as equalized
5by the Department of Revenue or, in DuPage County, an amount
6equal to or greater than $12,000 per mile of road under the
7jurisdiction of the road district, whichever is less.
8    As used in this Section the term "road district" means any
9road district, including a county unit road district, provided
10for by the Illinois Highway Code; and the term "township or
11district road" means any road in the township and district road
12system as defined in the Illinois Highway Code. For the
13purposes of this Section, "township or district road" also
14includes such roads as are maintained by park districts, forest
15preserve districts and conservation districts. The Department
16of Transportation shall determine the mileage of all township
17and district roads for the purposes of making allotments and
18allocations of motor fuel tax funds for use in road districts.
19    Payment of motor fuel tax moneys to municipalities and
20counties shall be made as soon as possible after the allotment
21is made. The treasurer of the municipality or county may invest
22these funds until their use is required and the interest earned
23by these investments shall be limited to the same uses as the
24principal funds.
25(Source: P.A. 97-72, eff. 7-1-11; 97-333, eff. 8-12-11; 98-24,
26eff. 6-19-13; 98-674, eff. 6-30-14.)
 

 

 

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1    Section 97. Severability. The provisions of this Act are
2severable under Section 1.31 of the Statute on Statutes.
 
3    Section 99. Effective date. This Act takes effect upon
4becoming law.