Sen. Napoleon Harris, III

Filed: 3/3/2020

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2305

2    AMENDMENT NO. ______. Amend Senate Bill 2305 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Motor Fuel Tax Law is amended by changing
5Section 8 as follows:
 
6    (35 ILCS 505/8)  (from Ch. 120, par. 424)
7    Sec. 8. Except as provided in subsection (a-1) of this
8Section, Section 8a, subdivision (h)(1) of Section 12a, Section
913a.6, and items 13, 14, 15, and 16 of Section 15, all money
10received by the Department under this Act, including payments
11made to the Department by member jurisdictions participating in
12the International Fuel Tax Agreement, shall be deposited in a
13special fund in the State treasury, to be known as the "Motor
14Fuel Tax Fund", and shall 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

 

 

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1Act shall be transferred to the State Construction Account Fund
2in the State Treasury; the remainder of the tax collected on
3special fuel under paragraph (b) of Section 2 and Section 13a
4of this Act shall be deposited into the Road Fund;
5    (a-1) Beginning on July 1, 2019, an amount equal to the
6amount of tax collected under subsection (a) of Section 2 as a
7result of the increase in the tax rate under Public Act 101-32
8this amendatory Act of the 101st General Assembly shall be
9transferred each month into the Transportation Renewal Fund; .
10    (b) $420,000 shall be transferred each month to the State
11Boating Act Fund to be used by the Department of Natural
12Resources for the purposes specified in Article X of the Boat
13Registration and Safety Act;
14    (c) $3,500,000 shall be transferred each month to the Grade
15Crossing Protection Fund to be used as follows: not less than
16$12,000,000 each fiscal year shall be used for the construction
17or reconstruction of rail highway grade separation structures;
18$2,250,000 in fiscal years 2004 through 2009 and $3,000,000 in
19fiscal year 2010 and each fiscal year thereafter shall be
20transferred to the Transportation Regulatory Fund and shall be
21accounted for as part of the rail carrier portion of such funds
22and shall be used to pay the cost of administration of the
23Illinois Commerce Commission's railroad safety program in
24connection with its duties under subsection (3) of Section
2518c-7401 of the Illinois Vehicle Code, with the remainder to be
26used by the Department of Transportation upon order of the

 

 

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1Illinois Commerce Commission, to pay that part of the cost
2apportioned by such Commission to the State to cover the
3interest of the public in the use of highways, roads, streets,
4or pedestrian walkways in the county highway system, township
5and district road system, or municipal street system as defined
6in the Illinois Highway Code, as the same may from time to time
7be amended, for separation of grades, for installation,
8construction or reconstruction of crossing protection or
9reconstruction, alteration, relocation including construction
10or improvement of any existing highway necessary for access to
11property or improvement of any grade crossing and grade
12crossing surface including the necessary highway approaches
13thereto of any railroad across the highway or public road, or
14for the installation, construction, reconstruction, or
15maintenance of a pedestrian walkway over or under a railroad
16right-of-way, as provided for in and in accordance with Section
1718c-7401 of the Illinois Vehicle Code. The Commission may order
18up to $2,000,000 per year in Grade Crossing Protection Fund
19moneys for the improvement of grade crossing surfaces and up to
20$300,000 per year for the maintenance and renewal of 4-quadrant
21gate vehicle detection systems located at non-high speed rail
22grade crossings. The Commission shall not order more than
23$2,000,000 per year in Grade Crossing Protection Fund moneys
24for pedestrian walkways. In entering orders for projects for
25which payments from the Grade Crossing Protection Fund will be
26made, the Commission shall account for expenditures authorized

 

 

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1by the orders on a cash rather than an accrual basis. For
2purposes of this requirement an "accrual basis" assumes that
3the total cost of the project is expended in the fiscal year in
4which the order is entered, while a "cash basis" allocates the
5cost of the project among fiscal years as expenditures are
6actually made. To meet the requirements of this subsection, the
7Illinois Commerce Commission shall develop annual and 5-year
8project plans of rail crossing capital improvements that will
9be paid for with moneys from the Grade Crossing Protection
10Fund. The annual project plan shall identify projects for the
11succeeding fiscal year and the 5-year project plan shall
12identify projects for the 5 directly succeeding fiscal years.
13The Commission shall submit the annual and 5-year project plans
14for this Fund to the Governor, the President of the Senate, the
15Senate Minority Leader, the Speaker of the House of
16Representatives, and the Minority Leader of the House of
17Representatives on the first Wednesday in April of each year;
18    (d) of the amount remaining after allocations provided for
19in subsections (a), (a-1), (b), and (c), a sufficient amount
20shall be reserved to pay all of the following:
21        (1) the costs of the Department of Revenue in
22    administering this Act;
23        (2) the costs of the Department of Transportation in
24    performing its duties imposed by the Illinois Highway Code
25    for supervising the use of motor fuel tax funds apportioned
26    to municipalities, counties and road districts;

 

 

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1        (3) refunds provided for in Section 13, refunds for
2    overpayment of decal fees paid under Section 13a.4 of this
3    Act, and refunds provided for under the terms of the
4    International Fuel Tax Agreement referenced in Section
5    14a;
6        (4) from October 1, 1985 until June 30, 1994, the
7    administration of the Vehicle Emissions Inspection Law,
8    which amount shall be certified monthly by the
9    Environmental Protection Agency to the State Comptroller
10    and shall promptly be transferred by the State Comptroller
11    and Treasurer from the Motor Fuel Tax Fund to the Vehicle
12    Inspection Fund, and for the period July 1, 1994 through
13    June 30, 2000, one-twelfth of $25,000,000 each month, for
14    the period July 1, 2000 through June 30, 2003, one-twelfth
15    of $30,000,000 each month, and $15,000,000 on July 1, 2003,
16    and $15,000,000 on January 1, 2004, and $15,000,000 on each
17    July 1 and October 1, or as soon thereafter as may be
18    practical, during the period July 1, 2004 through June 30,
19    2012, and $30,000,000 on June 1, 2013, or as soon
20    thereafter as may be practical, and $15,000,000 on July 1
21    and October 1, or as soon thereafter as may be practical,
22    during the period of July 1, 2013 through June 30, 2015,
23    for the administration of the Vehicle Emissions Inspection
24    Law of 2005, to be transferred by the State Comptroller and
25    Treasurer from the Motor Fuel Tax Fund into the Vehicle
26    Inspection Fund;

 

 

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1        (4.5) beginning on July 1, 2019, the costs of the
2    Environmental Protection Agency for the administration of
3    the Vehicle Emissions Inspection Law of 2005 shall be paid,
4    subject to appropriation, from the Motor Fuel Tax Fund into
5    the Vehicle Inspection Fund; beginning in 2019, no later
6    than December 31 of each year, or as soon thereafter as
7    practical, the State Comptroller shall direct and the State
8    Treasurer shall transfer from the Vehicle Inspection Fund
9    to the Motor Fuel Tax Fund any balance remaining in the
10    Vehicle Inspection Fund in excess of $2,000,000;
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), (a-1), (b), (c), and (d), the remaining amount
21shall be 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

 

 

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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        If a township is dissolved under Article 24 of the
15    Township Code, McHenry County shall receive any moneys that
16    would have been distributed to the township under this
17    subparagraph, except that a municipality that assumes the
18    powers and responsibilities of a road district under
19    paragraph (6) of Section 24-35 of the Township Code shall
20    receive any moneys that would have been distributed to the
21    township in a percent equal to the area of the dissolved
22    road district or portion of the dissolved road district
23    over which the municipality assumed the powers and
24    responsibilities compared to the total area of the
25    dissolved township. The moneys received under this
26    subparagraph shall be used in the geographic area of the

 

 

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1    dissolved township. If a township is reconstituted as
2    provided under Section 24-45 of the Township Code, McHenry
3    County or a municipality shall no longer be distributed
4    moneys under this subparagraph.
5    As soon as may be after the first day of each month, the
6Department of Transportation shall allot to each municipality
7its share of the amount apportioned to the several
8municipalities which shall be in proportion to the population
9of such municipalities as determined by the last preceding
10municipal census if conducted by the Federal Government or
11Federal census. If territory is annexed to any municipality
12subsequent to the time of the last preceding census the
13corporate authorities of such municipality may cause a census
14to be taken of such annexed territory and the population so
15ascertained for such territory shall be added to the population
16of the municipality as determined by the last preceding census
17for the purpose of determining the allotment for that
18municipality. If the population of any municipality was not
19determined by the last Federal census preceding any
20apportionment, the apportionment to such municipality shall be
21in accordance with any census taken by such municipality. Any
22municipal census used in accordance with this Section shall be
23certified to the Department of Transportation by the clerk of
24such municipality, and the accuracy thereof shall be subject to
25approval of the Department which may make such corrections as
26it ascertains to be necessary.

 

 

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1    As soon as may be after the first day of each month, the
2Department of Transportation shall allot to each county its
3share of the amount apportioned to the several counties of the
4State as herein provided. Each allotment to the several
5counties having less than 1,000,000 inhabitants shall be in
6proportion to the amount of motor vehicle license fees received
7from the residents of such counties, respectively, during the
8preceding calendar year. The Secretary of State shall, on or
9before April 15 of each year, transmit to the Department of
10Transportation a full and complete report showing the amount of
11motor vehicle license fees received from the residents of each
12county, respectively, during the preceding calendar year. The
13Department of Transportation shall, each month, use for
14allotment purposes the last such report received from the
15Secretary of State.
16    As soon as may be after the first day of each month, the
17Department of Transportation shall allot to the several
18counties their share of the amount apportioned for the use of
19road districts. The allotment shall be apportioned among the
20several counties in the State in the proportion which the total
21mileage of township or district roads in the respective
22counties bears to the total mileage of all township and
23district roads in the State. Funds allotted to the respective
24counties for the use of road districts therein shall be
25allocated to the several road districts in the county in the
26proportion which the total mileage of such township or district

 

 

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

 

 

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1lesser of (i) 0.08% of the value of the taxable property in the
2road district, based upon the assessment for the year
3immediately prior to the year in which such tax was levied and
4as equalized by the Department of Revenue, or (ii) a rate that
5will yield an amount equal to $12,000 per mile of road under
6the jurisdiction of the road district, then the amount of the
7allocation for the road district shall be a percentage of the
8maximum allocation equal to the percentage obtained by dividing
9the rate extended by the district by the lesser of (i) 0.08% or
10(ii) the rate that will yield an amount equal to $12,000 per
11mile of road under the jurisdiction of the road district.
12    Each municipality with more than 50,000 inhabitants and
13each county with more than 100,000 inhabitants shall establish
14a business enterprise program for the procurement of contracts.
15Notwithstanding any other provision of law, in order to receive
16a distribution under this Section for a fiscal year beginning
17on or after July 1, 2023, an affected municipality or county
18must certify to the Department of Transportation that it has
19established a minority-owned, women-owned, and veteran-owned
20business enterprise program. The municipality or county shall
21accept vendor certifications for minority-owned, women-owned
22or veteran-owned businesses from the State of Illinois, the
23County of Cook, the City of Chicago, the Chicago Minority
24Supplier Development Council, and the Women's Business
25Development Center. The Department of Transportation, the
26Illinois Toll Highway Authority, and the Department of Central

 

 

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1Management Services shall publish all data on their studies
2related to their business enterprise programs to assist the
3affected counties and municipalities and shall include in the
4completion of all future surveys of minority-owned,
5women-owned, and veteran-owned businesses whether those
6businesses are available to work for any or all of the affected
7municipalities or counties. Affected counties and
8municipalities may use Transportation Renewal Fund moneys and
9motor fuel tax moneys to conduct disparity studies. Affected
10counties and municipalities may jointly conduct disparity
11studies in cooperation with agencies and councils of government
12as they deem appropriate.
13    Prior to 2011, if any road district has levied a special
14tax for road purposes pursuant to Sections 6-601, 6-602, and
156-603 of the Illinois Highway Code, and such tax was levied in
16an amount which would require extension at a rate of not less
17than .08% of the value of the taxable property thereof, as
18equalized or assessed by the Department of Revenue, or, in
19DuPage County, an amount equal to or greater than $12,000 per
20mile of road under the jurisdiction of the road district,
21whichever is less, such levy shall, however, be deemed a proper
22compliance with this Section and shall qualify such road
23district for an allotment under this Section. Beginning in 2011
24and thereafter, if any road district has levied a special tax
25for road purposes under Sections 6-601, 6-602, and 6-603 of the
26Illinois Highway Code, and the tax was levied in an amount that

 

 

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1would require extension at a rate of not less than 0.08% of the
2value of the taxable property of that road district, as
3equalized or assessed by the Department of Revenue or, in
4DuPage County, an amount equal to or greater than $12,000 per
5mile of road under the jurisdiction of the road district,
6whichever is less, that levy shall be deemed a proper
7compliance with this Section and shall qualify such road
8district for a full, rather than proportionate, allotment under
9this Section. If the levy for the special tax is less than
100.08% of the value of the taxable property, or, in DuPage
11County if the levy for the special tax is less than the lesser
12of (i) 0.08% or (ii) $12,000 per mile of road under the
13jurisdiction of the road district, and if the levy for the
14special tax is more than any other levy for road and bridge
15purposes, then the levy for the special tax qualifies the road
16district for a proportionate, rather than full, allotment under
17this Section. If the levy for the special tax is equal to or
18less than any other levy for road and bridge purposes, then any
19allotment under this Section shall be determined by the other
20levy for road and bridge purposes.
21    Prior to 2011, if a township has transferred to the road
22and bridge fund money which, when added to the amount of any
23tax levy of the road district would be the equivalent of a tax
24levy requiring extension at a rate of at least .08%, or, in
25DuPage County, an amount equal to or greater than $12,000 per
26mile of road under the jurisdiction of the road district,

 

 

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1whichever is less, such transfer, together with any such tax
2levy, shall be deemed a proper compliance with this Section and
3shall qualify the road district for an allotment under this
4Section.
5    In counties in which a property tax extension limitation is
6imposed under the Property Tax Extension Limitation Law, road
7districts may retain their entitlement to a motor fuel tax
8allotment or, beginning in 2011, their entitlement to a full
9allotment if, at the time the property tax extension limitation
10was imposed, the road district was levying a road and bridge
11tax at a rate sufficient to entitle it to a motor fuel tax
12allotment and continues to levy the maximum allowable amount
13after the imposition of the property tax extension limitation.
14Any road district may in all circumstances retain its
15entitlement to a motor fuel tax allotment or, beginning in
162011, its entitlement to a full allotment if it levied a road
17and bridge tax in an amount that will require the extension of
18the tax against the taxable property in the road district at a
19rate of not less than 0.08% of the assessed value of the
20property, based upon the assessment for the year immediately
21preceding the year in which the tax was levied and as equalized
22by the Department of Revenue or, in DuPage County, an amount
23equal to or greater than $12,000 per mile of road under the
24jurisdiction of the road district, whichever is less.
25    As used in this Section, the term "road district" means any
26road district, including a county unit road district, provided

 

 

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1for by the Illinois Highway Code; and the term "township or
2district road" means any road in the township and district road
3system as defined in the Illinois Highway Code. For the
4purposes of this Section, "township or district road" also
5includes such roads as are maintained by park districts, forest
6preserve districts and conservation districts. The Department
7of Transportation shall determine the mileage of all township
8and district roads for the purposes of making allotments and
9allocations of motor fuel tax funds for use in road districts.
10    Payment of motor fuel tax moneys to municipalities and
11counties shall be made as soon as possible after the allotment
12is made. The treasurer of the municipality or county may invest
13these funds until their use is required and the interest earned
14by these investments shall be limited to the same uses as the
15principal funds.
16(Source: P.A. 101-32, eff. 6-28-19; 101-230, eff. 8-9-19;
17101-493, eff. 8-23-19; revised 9-24-19.)
 
18    Section 10. The Local Government Professional Services
19Selection Act is amended by changing Sections 5 and 8 as
20follows:
 
21    (50 ILCS 510/5)  (from Ch. 85, par. 6405)
22    Sec. 5. Evaluation Procedure. A political subdivision
23shall, unless it has a satisfactory relationship for services
24with one or more firms and the cost of services for the project

 

 

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1is estimated to be less than $1,000,000, evaluate the firms
2submitting letters of interest, taking into account
3qualifications, ability of professional personnel, past record
4and experience, performance data on file, willingness to meet
5time requirements, location, workload of the firm, and such
6other qualifications-based factors as the political
7subdivision may determine in writing are applicable. The
8political subdivision may conduct discussions with and require
9public presentations by firms deemed to be the most qualified
10regarding their qualifications, approach to the project, and
11ability to furnish the required services. In no case shall a
12political subdivision, prior to selecting a firm for
13negotiation under Section 7, seek formal or informal submission
14of verbal or written estimates of costs or proposals in terms
15of dollars, hours required, percentage of construction cost, or
16any other measure of compensation.
17(Source: P.A. 94-1097, eff. 2-2-07.)
 
18    (50 ILCS 510/8)  (from Ch. 85, par. 6408)
19    Sec. 8. Waiver of competition. A political subdivision may
20waive the requirements of Sections 4, 5, and 6 if: (1) it
21determines, by resolution, that an emergency situation exists
22and a firm must be selected in an expeditious manner; (2) , or
23the cost of architectural, engineering, and land surveying
24services for the project is expected to be less than $50,000;
25or (3) the political subdivision contracts with a firm with

 

 

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1which the political subdivision has a satisfactory
2relationship and the cost of services for the project is
3estimated to be less than $1,000,000. $40,000. This amount
4shall be increased annually by a percentage equal to the annual
5unadjusted percentage increase, if any, as determined by the
6consumer price index-u.
7    For purposes of this Section, "consumer price index-u"
8means the index published by the Bureau of Labor Statistics of
9the United States Department of Labor that measures the average
10change in prices of goods and services purchased by all urban
11consumers, United States city average, all items, 1982-84=100.
12(Source: P.A. 100-968, eff. 1-1-19.)
 
13    Section 99. Effective date. This Act takes effect upon
14becoming law.".