HB6705 95TH GENERAL ASSEMBLY

LRB095 22037 RLJ 52309 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB6705

Introduced , by Rep. William B. Black

SYNOPSIS AS INTRODUCED:

625 ILCS 5/16-105.1 new

Amends the Illinois Vehicle Code. Defines "regular gasoline" and "retail gasoline price". Provides that a municipality may, by ordinance, impose a $12 fuel surcharge upon any fine imposed for an offense against traffic regulations governing the movement of vehicles under the Illinois Vehicle Code if the offense is committed within the corporate limits of the municipality and the violator is arrested by the municipal police. Provides that a county may, by ordinance, impose a $12 fuel surcharge upon any fine imposed for an offense against traffic regulations governing the movement of vehicles under the Code if the offense is committed within the county and the violator is arrested by the county sheriff's department. Further provides that the arrest must be made during a week in which the retail gasoline price is $3 or more. Provides that a municipality or county must, by ordinance, create a special fund for the surcharge. Specifies that moneys in the fund must be used to operate and maintain the municipality's or county's law enforcement vehicles. Provides that the fuel surcharge does not apply to any offense committed on or after January 1, 2011. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning transportation.

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

Section 5. The Illinois Vehicle Code is amended by adding Section 16-105.1 as follows:

(625 ILCS 5/16-105.1 new)

Sec. 16-105.1. Fuel surcharge.

(a) As used in this Section:

"Regular gasoline" means gasoline having an octane rating, as defined in 16 C.F.R. Part 306, greater than or equal to 85 and less than 88.

"Retail gasoline price" means the Weekly Retail Gasoline and Diesel Price for a gallon of regular gasoline, including taxes, reported by the Energy Information Administration of the U.S. Department of Energy for Petroleum Administration for Defense District 2 (Midwest U.S.).

If the Energy Information Administration of the U.S. Department of Energy does not report a Weekly Retail Gasoline and Diesel Price for regular gasoline for Petroleum Administration for Defense District 2 (Midwest U.S.) for a particular week, the retail gasoline price for that week shall be deemed to be the most recent Weekly Retail Gasoline and Diesel Price for regular gasoline for Petroleum Administration for Defense District 2 (Midwest U.S.) reported before that week.

If the Energy Information Administration of the U.S. Department of Energy permanently discontinues its reporting of a Weekly Retail Gasoline and Diesel Price for regular gasoline for Petroleum Administration for Defense District 2 (Midwest U.S.), the Secretary of State shall adopt emergency and permanent rules establishing an alternative method for determining the retail gasoline price for regular gasoline which shall be used for purposes of this Section.

(b) A municipality may adopt an ordinance providing for (1) the imposition of a $12 fuel surcharge upon any fine imposed for an offense against traffic regulations governing the movement of vehicles under this Code if the offense is committed within the corporate limits of the municipality and the violator is arrested by the municipal police department during a week in which the retail gasoline price is $3 or more and (2) the creation of a special fund to be used solely for the operation and maintenance of the municipality's law enforcement vehicles. If a fine is imposed for an offense against traffic regulations governing the movement of vehicles under this Code that is committed within the corporate limits of a municipality after the municipality adopts such an ordinance and the retail gasoline price is $3 or more during the week in which the offense is committed, a $12 fuel surcharge shall be collected in addition to the fine and disbursed to the municipality for deposit into the special fund created under this subsection (b).

(c) A county may adopt an ordinance providing for (1) the imposition of a $12 fuel surcharge upon any fine imposed for an offense against traffic regulations governing the movement of vehicles under this Code if the offense is committed within the county and the violator is arrested by the county sheriff's department during a week in which the retail gasoline price is $3 or more and (2) the creation of a special fund to be used solely for the operation and maintenance of the county's law enforcement vehicles. If a fine is imposed for an offense against traffic regulations governing the movement of vehicles under this Code that is committed within a county, but outside the corporate limits of any municipality imposing a fuel charge under subsection (b), after the county adopts such an ordinance and the retail gasoline price is $3 or more during the week in which the offense is committed, a $12 fuel surcharge shall be collected in addition to the fine and disbursed to the county for deposit into the special fund created under this subsection (c).

(d) This Section does not apply to any offense committed on or after January 1, 2011.

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