Bill Amendment: IL HB0102 | 2019-2020 | 101st General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: LOCAL GOVERNMENT-TECH

Status: 2019-04-12 - House Floor Amendment No. 2 Rule 19(c) / Re-referred to Rules Committee [HB0102 Detail]

Download: Illinois-2019-HB0102-House_Amendment_001.html

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Rep. Michael J. Zalewski

Filed: 2/27/2019

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AMENDMENT TO HOUSE BILL 102
AMENDMENT NO. ______. Amend House Bill 102 by replacing
everything after the enacting clause with the following:
"Section 5. The Illinois Municipal Code is amended by
adding Section 8-11-2.3 as follows:
(65 ILCS 5/8-11-2.3 new)
Sec. 8-11-2.3. Motor fuel tax. Notwithstanding any other
provision of law, in addition to any other tax that may be
imposed, if a municipality adopts a responsible bid ordinance
that is approved by the Department of Transportation, then the
municipality may also impose, by ordinance, a tax on motor fuel
at a rate not to exceed $0.03 per gallon. Upon approval, the
Department of Transportation shall certify the responsible bid
ordinance to the Department of Revenue. The Department of
Revenue shall proceed to administer and enforce the motor fuel
tax as of the first day of January next following the adoption

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of the motor fuel tax ordinance. The Department of
Transportation shall adopt rules for the approval of
responsible bid ordinances. The Department of Revenue shall
adopt rules for the implementation and administration of the
motor fuel tax.
A license that is issued to a distributor or a receiver
under the Motor Fuel Tax Law shall permit that distributor or
receiver to act as a distributor or receiver, as applicable,
under this Section. The provisions of Sections 2b, 2d, 6, 6a,
12, 12a, 13, 13a.2, 13a.7, 13a.8, 15.1, and 21 of the Motor
Fuel Tax Law that are not inconsistent with this Section shall
apply as far as practicable to the subject matter of this
Section to the same extent as if those provisions were included
in this Section.
The Department shall immediately pay over to the State
Treasurer, ex officio, as trustee, all taxes and penalties
collected under this Section. Those taxes and penalties shall
be deposited into the Municipal Motor Fuel Tax Fund, a trust
fund created in the State treasury. Moneys in the Municipal
Motor Fuel Tax Fund shall be used to make payments to
municipalities and for the payment of refunds under this
Section. The amount to be paid to each municipality shall be
the amount (not including credit memoranda) collected by the
Department from the tax imposed by that municipality under this
Section during the second preceding calendar month, plus an
amount the Department determines is necessary to offset any

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amounts that were erroneously paid to a different municipality,
and not including an amount equal to the amount of refunds made
during the second preceding calendar month by the Department on
behalf of the municipality, and not including any amount that
the Department determines is necessary to offset any amounts
that were payable to a different municipality but were
erroneously paid to the municipality, less 1.5% of the
remainder, which the Department shall transfer into the Tax
Compliance and Administration Fund. The Department, at the time
of each monthly disbursement, shall prepare and certify to the
State Comptroller the amount to be transferred into the Tax
Compliance and Administration Fund under this Section. Within
10 days after receipt by the Comptroller of the disbursement
certification to the municipalities and the Tax Compliance and
Administration Fund provided for in this Section to be given to
the Comptroller by the Department, the Comptroller shall cause
the orders to be drawn for the respective amounts in accordance
with the directions contained in the certification.
Section 99. Effective date. This Act takes effect January
1, 2020.".