SB3752 103RD GENERAL ASSEMBLY

LRB103 37495 HLH 67618 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3752

Introduced 2/9/2024, by Sen. Christopher Belt

SYNOPSIS AS INTRODUCED:

35 ILCS 505/2a	from Ch. 120, par. 418a
415 ILCS 125/390

Amends the Motor Fuel Tax Law. Provides that the tax imposed on receivers of motor fuel applies until January 1, 2040 (currently, January 1, 2025). Amends the Environmental Impact Fee Law. Extends the repeal of the Environmental Impact Fee Law until January 1, 2040. Effective immediately.

A BILL FOR

AN ACT concerning revenue.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Motor Fuel Tax Law is amended by changing Section 2a as follows:

(35 ILCS 505/2a) (from Ch. 120, par. 418a)

Sec. 2a. Except as hereinafter provided, on and after January 1, 1990 and before January 1, 2040 January 1, 2025, a tax of three-tenths of a cent per gallon is imposed upon the privilege of being a receiver in this State of fuel for sale or use. Beginning January 1, 2021, this tax is not imposed on sales of aviation fuel for so long as the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the State.

The tax shall be paid by the receiver in this State who first sells or uses fuel. In the case of a sale, the tax shall be stated as a separate item on the invoice.

For the purpose of the tax imposed by this Section, being a receiver of "motor fuel" as defined by Section 1.1 of this Act, and aviation fuels, home heating oil and kerosene, but excluding liquified petroleum gases, is subject to tax without regard to whether the fuel is intended to be used for operation of motor vehicles on the public highways and waters. However, no such tax shall be imposed upon the importation or receipt of aviation fuels and kerosene at airports with over 300,000 operations per year, for years prior to 1991, and over 170,000 operations per year beginning in 1991, located in a city of more than 1,000,000 inhabitants for sale to or use by holders of certificates of public convenience and necessity or foreign air carrier permits, issued by the United States Department of Transportation, and their air carrier affiliates, or upon the importation or receipt of aviation fuels and kerosene at facilities owned or leased by those certificate or permit holders and used in their activities at an airport described above. In addition, no such tax shall be imposed upon the importation or receipt of diesel fuel or liquefied natural gas sold to or used by a rail carrier registered pursuant to Section 18c-7201 of the Illinois Vehicle Code or otherwise recognized by the Illinois Commerce Commission as a rail carrier, to the extent used directly in railroad operations. In addition, no such tax shall be imposed when the sale is made with delivery to a purchaser outside this State or when the sale is made to a person holding a valid license as a receiver. In addition, no tax shall be imposed upon diesel fuel or liquefied natural gas consumed or used in the operation of ships, barges, or vessels, that are used primarily in or for the transportation of property in interstate commerce for hire on rivers bordering on this State, if the diesel fuel or liquefied natural gas is delivered by a licensed receiver to the purchaser's barge, ship, or vessel while it is afloat upon that bordering river. A specific notation thereof shall be made on the invoices or sales slips covering each sale.

(Source: P.A. 100-9, eff. 7-1-17; 101-604, eff. 12-13-19.)

Section 10. The Environmental Impact Fee Law is amended by changing Section 390 as follows:

(415 ILCS 125/390)

(Section scheduled to be repealed on January 1, 2025)

Sec. 390. Repeal. This Article is repealed on January 1, 2040 January 1, 2025.

(Source: P.A. 96-161, eff. 8-10-09.)

Section 99. Effective date. This Act takes effect upon becoming law.