Bill Amendment: IL HB3233 | 2019-2020 | 101st General Assembly

NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: VEH CD-SHARE ROAD-LARGE TRUCKS

Status: 2019-05-23 - Senate Floor Amendment No. 2 Referred to Assignments [HB3233 Detail]

Download: Illinois-2019-HB3233-Senate_Amendment_001.html

Sen. Martin A. Sandoval

Filed: 5/6/2019

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1
AMENDMENT TO HOUSE BILL 3233
2 AMENDMENT NO. ______. Amend House Bill 3233 by replacing
3everything after the enacting clause with the following:
4
"Article 1.
5 Section 1-1. Short title. This Article may be cited as the
6Illinois Works Jobs Program Act. References in this Article to
7"this Act" mean this Article.
8 Section 1-5. Findings. To ensure that all Illinois citizens
9have equal access to construction contracts and a career in the
10building trades, the Illinois Works Jobs Program seeks to align
11the economic interest of the industry with the public policy
12interest of the State by providing funding for community-based
13organizations to recruit and train a diverse workforce, require
14the employment of apprentices on public works projects to
15create new employment opportunities for the next generation of

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1tradesmen and tradeswomen, create an economic incentive for
2construction contractors to hire that prequalified workforce,
3and generate incentives for increasing disadvantaged,
4minority, women, and veteran-owned business contracting
5opportunities in the construction industry.
6 Section 1-10. Definitions. As used in this Act:
7 "Apprentice" means a participant in an apprenticeship and
8training program approved by and registered with the United
9States Department of Labor's Bureau of Apprenticeship and
10Training.
11 "Bid credit" means a virtual dollar in the Illinois Works
12Credit Bank for contractors and subcontractors to use toward
13future public works bids.
14 "Community-based organization" means a public or private
15nonprofit organization of demonstrated effectiveness that is
16representative of a community, or significant segments of a
17community, and provides educational or related services to
18individuals in the community.
19 "Contractor" means a person, corporation, partnership,
20limited liability company, or joint venture entering into a
21contract with the State or any State agency to construct a
22public work.
23 "Department" means the Department of Commerce and Economic
24Opportunity.
25 "Public work" means a State-funded construction project

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1that constitutes a public works project under the Prevailing
2Wage Act.
3 "Subcontractor" means a person, corporation, partnership,
4limited liability company, or joint venture that has contracted
5with the contractor to perform all or part of the work to
6construct a public work by a contractor.
7 Section 1-15. Illinois Works Jobs Program.
8 (a) There is created the Illinois Works Jobs Program,
9administered by the Department and subject to appropriation.
10The goal of the Illinois Works Jobs Program is to create a
11network of statewide community-based organizations that will
12recruit, prescreen, and provide preapprenticeship skills
13training to create a qualified, diverse pipeline of men and
14women who are prepared for a career in the construction
15industry. Upon completion of the Illinois Works Jobs Program
16training, the candidates will be skilled, work-ready, and
17prepared for a lifelong career in the building trades.
18 (b) There is created the Illinois Works Fund, a special
19fund in the State treasury, to be administered by the
20Department as described in subsection (c) and which may not
21interfere with any existing contracts or programs.
22 (c) The Illinois Works Fund shall be used to provide grant
23funding for community-based organizations throughout the State
24to recruit, prescreen, and provide preapprenticeship training
25to low-income and minority members of the workforce.

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1 (d) Through a request for proposals, the Department shall
2request a detailed description of the community-based
3organization's expertise in recruiting, prescreening, and
4providing preapprenticeship training to a low-income and
5minority workforce. Each response to a request for proposals
6shall include provisions for drug testing, education
7verification, and preparatory classes including workplace
8readiness skills such as resume preparation and interviewing
9techniques.
10 (e) The contracts between the successful community-based
11organizations and the State shall be executed by the Department
12and, subject to appropriation, paid with funds from the
13Illinois Works Fund. The Illinois Works Fund shall be funded by
14August 1 of each fiscal year, from the General Revenue Fund, in
15an amount not to exceed 0.5% of the funds collected in the
16previous fiscal year from the State tax on the sale of motor
17fuel.
18 (f) A community-based organization receiving funding from
19the Illinois Works Fund shall provide a one-time signing bonus,
20in an amount not to exceed $1,000, to each graduate of an
21Illinois Works Jobs Program within 30 days of the graduate's
22acceptance into an apprenticeship and training program
23approved by and registered with the United States Department of
24Labor's Bureau of Apprenticeship and Training.
25 (g) There is created an Illinois Works Task Force. The
26Illinois Works Task Force shall consist of the following

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1members:
2 (1) one member appointed by the Speaker of the House of
3 Representatives;
4 (2) one member appointed by the Minority Leader of the
5 House of Representatives;
6 (3) one member appointed by the President of the
7 Senate;
8 (4) one member appointed by the Minority Leader of the
9 Senate;
10 (5) the Director of the Department, or his or her
11 designee; and
12 (6) the following persons appointed by the Governor:
13 (A) one representative of a contractor
14 organization;
15 (B) one representative of a labor organization;
16 and
17 (C) one member of the public with expertise in
18 workforce development and recruitment processes of
19 community-based organizations.
20 (h) The members of the Illinois Works Task Force shall
21review the community-based organization's response to a
22request for proposals to aid the Department in selecting the
23right partners to help recruit, prescreen, and provide
24preapprenticeship training to create a pipeline of a more
25diversified workforce in the construction trades.
26 (i) Community-based organizations who receive funding from

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1the Illinois Works Fund shall provide an annual report to the
2Illinois Works Task Force by April 1 of each calendar year.
3 Section 1-20. Illinois Works Apprenticeship Initiative.
4 (a) Apprentices shall be utilized on all public works
5construction projects in accordance with this Section. The
6Department shall administer the Illinois Works Apprenticeship
7Initiative.
8 (1) All contractors and subcontractors constructing or
9 involved with the construction of public works shall ensure
10 that the lesser of at least 10% of the total labor hours
11 actually worked on the public work project, or 10% of the
12 estimated labor hours, are performed by apprentices.
13 (2) Contracts for public works shall include
14 provisions detailing the Illinois Works Apprenticeship
15 Initiative requirements.
16 (b) During the term of a construction contract subject to
17this Section, the Department may reduce or waive the apprentice
18labor hour goals upon determination that:
19 (1) the contractor or subcontractor has demonstrated
20 that it has utilized its best efforts to meet the
21 established percentage requirement but remains unable to
22 fulfill the goal;
23 (2) the contractor or subcontractor has demonstrated
24 that insufficient apprentices are available to meet the
25 utilization goals;

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1 (3) the reasonable and necessary requirements of the
2 contract render apprentice utilization infeasible at the
3 required levels;
4 (4) there exists a disproportionately high ratio of
5 material costs to labor hours that makes the required
6 minimum level of apprentice participation infeasible;
7 (5) apprentice labor hour goals are in conflict with
8 funding agreements in place, including federal aid
9 projects, in connection with the public work; or
10 (6) the reduction or waiver is warranted for reasons
11 deemed appropriate by the Department and not inconsistent
12 with the purpose and goals of this Section.
13 (c) No later than one year after the effective date of this
14Act, and by April 1 of every calendar year thereafter, the
15Department shall report to the Illinois Works Jobs Task Force
16the use of apprentices under the Illinois Works Apprentice
17Initiative for public work projects. The report shall include,
18to the extent it is available:
19 (1) The number of new apprentices indentured during the
20 reporting year as a result of the Illinois Works Apprentice
21 Initiative requirement, broken down by trade.
22 (2) The percentage of apprentices in training on public
23 works projects who have graduated to journey level during
24 the reporting year.
25 Section 1-25. Illinois Works Credit Bank.

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1 (a) To increase disadvantaged, minority, women, and
2veteran-owned business contracting opportunities, as well as
3diversify Illinois' construction trade workforce, there is
4created the Illinois Works Credit Bank. The Illinois Works
5Credit Bank, administered by the Department, shall provide
6economic incentives to encourage contractors and
7subcontractors to provide contracting and employment
8opportunities for historically underrepresented segments of
9the construction industry. Bid credits may be used toward
10future public work bids in order to lower the contractor's or
11subcontractor's bid amount and increase the chances of that
12contractor or subcontractor being deemed the lowest
13responsible bidder.
14 (b) The Department shall create a bid credit program that
15allows any construction contractor or subcontractor to earn bid
16credits on public work jobs, which may be used toward future
17public work bids, for hiring and retaining employees from
18minority populations, disadvantaged persons, and women.
19Contractors shall earn bid credits at a rate established by the
20Department and published on the agency's website. A contractor
21or subcontractor shall also be eligible for a one-time, $5,000
22bid credit when it hires an apprentice who has successfully
23completed the Illinois Works Jobs Program and retains that
24person for not less than 160 hours. Each contractor or
25subcontractor seeking to receive the one-time hiring bid credit
26must provide the Department with documentation of the

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1employee's successful completion of the Illinois Works Jobs
2Program, proof of employment, actual hours worked, and wages
3paid to the employee.
4 (c) The Department shall create a bid credit program to
5provide economic incentive to prime contractors for
6subcontracting to State-certified disadvantaged, minority,
7women, or veteran-owned businesses on public works
8construction jobs. "State-certified" includes certifications
9from the Illinois Unified Certification Program. Contractors
10shall earn bid credits at a rate established by the Department
11and published on the agency's website.
12 (d) Any contractor or subcontractor found to be reporting
13falsified records to the Department in order to fraudulently
14obtain bid credits shall be permanently barred from
15participating in the Illinois Works Credit Bank program. The
16Department may report such fraudulent activity to the Office of
17the Illinois Attorney General or applicable law enforcement
18authorities.
19 (e) The Department shall adopt any rules deemed necessary
20to implement the Illinois Works Credit Bank.
21
Article 2.
22 Section 2-1. Short title. This Article may be cited as the
23Transportation Funding Protection Act. References in this
24Article to "this Act" mean this Article.

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1 Section 2-10. Transportation funding.
2 (a) It is known that transportation funding is generated by
3several transportation fees outlined in Section 2 of the Motor
4Fuel Tax Act, Section 5-1035.1 of the Counties Code, Section
58-11-2.3 of the Illinois Municipal Code, and Sections 3-805,
63-806, 3-815, 3-818, 3-819, 3-821, and 6-118 of the Illinois
7Vehicle Code.
8 (b) The funds described in this Act and all other funds
9described in Section 11 of Article IX of the Illinois
10Constitution are dedicated to transportation purposes and
11shall not, by transfer, offset, or otherwise, be diverted by
12any local government, including, without limitation, any home
13rule unit of government, to any purpose other than
14transportation purposes. This Act is declarative of existing
15law.
16
Article 3.
17 Section 3-5. The Department of Transportation Law of the
18Civil Administrative Code of Illinois is amended by adding
19Section 2705-203 as follows:
20 (20 ILCS 2705/2705-203 new)
21 Sec. 2705-203. Transportation asset management plan and
22performance-based programming.

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1 (a) The General Assembly declares it to be in the public
2interest that a statewide transportation performance program
3and project prioritization process be developed and
4implemented to improve the efficiency and effectiveness of the
5State's transportation system, transportation safety,
6transportation accessibility for people and goods and
7environmental quality and to promote inclusive economic growth
8throughout the State.
9 (b) The Department of Transportation shall establish and
10implement a statewide transportation performance program for
11all transportation facilities under its jurisdiction. The
12purposes of the statewide transportation performance program
13are to:
14 (1) establish a strategic approach that uses
15 transportation system information to make investment and
16 policy decisions to achieve statewide and regional
17 performance goals;
18 (2) ensure transportation investment decisions emerge
19 from an objective and quantifiable technical analysis;
20 (3) evaluate the need and financial support necessary
21 for maintaining, expanding, and modernizing existing
22 transportation infrastructure;
23 (4) ensure that all state transportation funds
24 invested are directed to support progress toward the
25 achievement of performance targets established in asset
26 management plans and the State and regional performance

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1 targets under the National Performance Management Measures
2 Program; and
3 (5) make investment decisions transparent and
4 accessible to the public.
5 (c) The Department shall develop a risk-based, statewide
6highway system asset management plan to preserve and improve
7the conditions of highway and bridge assets and enhance the
8performance of the system while minimizing life-cycle cost. The
9asset management plan shall include, at a minimum, strategies
10leading to a program of projects that would make progress
11toward achievement of targets for asset condition and
12performance of the State highway system. The asset management
13plan shall be made publicly available on the Department's
14website.
15 (d) The Department shall develop a needs-based asset
16management plan for State-supported public transportation
17assets, including vehicles, facilities, equipment, and other
18infrastructure. The transit asset management plan shall
19include transit services using federal funding under 49 U.S.C.
205311, transit services having fewer than 100 vehicles operating
21in the peak hour in all fixed-route modes, and transit services
22having fewer than 100 vehicles in one non-fixed route, and that
23do not develop their own asset management plans. The goal of
24the transit asset management plan is to preserve and modernize
25capital transit assets that will enhance the performance of the
26system. The transit asset management plan shall establish a

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1strategic and systematic process to invest in operating,
2maintaining, and improving public transportation capital
3assets effectively through their entire life cycle. Federally
4required transit asset management plans developed by the
5Regional Transportation Authority (RTA) or service boards, as
6defined in Section 1.03 of the Regional Transportation
7Authority Act, shall become the transportation asset
8management plan for all public transportation assets owned and
9operated by the service boards. The Department's transit asset
10management plan shall be made publicly available on the
11Department's website. The RTA shall be responsible for making
12public transit asset management plans for its service area
13publicly available.
14 (e) The Department shall develop a performance-based
15project selection process to prioritize taxpayer investment in
16transportation assets that go above and beyond maintaining the
17existing system in a state of good repair and to evaluate
18projects that add capacity. The goal of the process is to
19select projects equitably through an evaluation process that
20assesses the costs and benefits of new investment. This process
21shall provide the flexibility to take into consideration the
22unique needs of communities across the State. The Department
23shall solicit input from localities, metropolitan planning
24organizations, transit authorities, transportation
25authorities, representatives of labor and private businesses,
26and other stakeholders in its development of the prioritization

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1process pursuant to this subsection.
2 The selection process shall include a defined, public means
3by which candidate projects shall be submitted, evaluated, and
4selected. The process shall include both a quantitative
5analysis of the evaluation factors and qualitative review by
6the Department. The Department may apply different weights to
7the performance measures based on regional geography or project
8type. Projects selected as part of the process shall be
9included in the State's multi-year transportation plan and the
10annual element of the multi-year plan. The policies that guide
11the performance-based project selection process shall be
12derived from State and regional long-range transportation
13plans. Starting January 1, 2020, no project shall be included
14in the multi-year transportation plan or annual element without
15being evaluated under the selection process described in this
16subsection. The Department shall certify that it is making
17progress toward condition targets anticipated in its
18transportation asset management plan before programming
19projects using the process described in this subsection. All
20plan and program development based on the project selection
21process described in this subsection shall include
22consideration of regional equity. The selection process shall
23be based on an objective and quantifiable analysis that
24considers, at a minimum, the following factors: (1) congestion
25mitigation or improved traffic operations, (2) economic
26development, (3) livability, (4) environmental impact, (5)

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1accessibility, and (6) safety.
2 (f) The prioritization process developed under subsection
3(e) shall not apply to:
4 (1) projects funded by the Congestion Mitigation and
5 Air Quality Improvement funds apportioned to the State
6 pursuant to 23 U.S.C. 104(b)(4) and State matching funds;
7 (2) projects funded by the Highway Safety Improvement
8 Program funds apportioned to the State pursuant to 23
9 U.S.C. 104(b)(3) and State matching funds;
10 (3) projects funded by the Transportation Alternatives
11 funds set-aside pursuant to 23 U.S.C. 213 and State
12 matching funds;
13 (4) projects funded by the National Highway Freight
14 Program pursuant to 23 U.S.C. 167 and State matching funds;
15 and
16 (5) funds to be allocated to urban areas based on
17 population under federal law.
18 (g) A summary of the project evaluation process, measures,
19program, and scores for all candidate projects shall be
20published on the website of the Department in a timely manner.
21 Section 3-10. The State Finance Act is amended by adding
22Sections 5.891, 5.893, and 6z-107 as follows:
23 (30 ILCS 105/5.891 new)
24 Sec. 5.891. The Illinois Works Fund.

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1 (30 ILCS 105/5.893 new)
2 Sec. 5.893. The Municipal Motor Fuel Tax Fund.
3 (30 ILCS 105/6z-107 new)
4 Sec. 6z-107. The Transit Capital Projects Fund.
5 (a) The Transit Capital Projects Fund is created as a
6special fund in the State treasury.
7 (b) Beginning as soon as possible after the effective date
8of this amendatory Act of the 101st General Assembly and for
9each fiscal year thereafter, the Department of Transportation,
10subject to appropriation, shall make lump sum distributions
11from the Transit Capital Projects Fund to the recipients in the
12amounts specified in subsection (c). The recipients must use
13the moneys for capital projects or the payment of debt service
14on bonds issued for capital projects.
15 (c) Each year's distribution under subsection (b) shall be
16as follows: (1) 80% to the Regional Transportation Authority;
17and (2) the remainder of the money shall be transferred to the
18Downstate Transit Improvement Fund to make competitive capital
19grants for transit agencies in Illinois other than the Regional
20Transportation Authority.
21 Section 3-15. The Illinois Income Tax Act is amended by
22adding Section 229 as follows:

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1 (35 ILCS 5/229 new)
2 Sec. 229. Apprenticeship education expense credit.
3 (a) For tax years ending on or after December 31, 2019, a
4taxpayer who is the employer of one or more qualifying
5apprentices shall be allowed a credit against the tax imposed
6by subsections (a) and (b) of Section 201 for qualified
7education expenses incurred on behalf of a qualifying
8apprentice. The credit shall be equal to 100% of qualified
9education expenses, but in no event may the total credit amount
10awarded to a single taxpayer in a single taxable year exceed
11$3,500. In no event shall a credit under this Section reduce
12the taxpayer's liability under this Act to less than zero.
13 If the taxpayer is a partnership or Subchapter S
14corporation, the credit shall be allowed to the partners or
15shareholders in accordance with the determination of income and
16distributive share of income under Sections 702 and 704 and
17Subchapter S of the Internal Revenue Code.
18 (b) The taxpayer shall provide the Department such
19information as the Department may require, including, but not
20limited to: (1) the name, age, and taxpayer identification
21number of each qualifying apprentice employed by the taxpayer
22during the taxable year; (2) the amount of qualified education
23expenses incurred with respect to each qualifying apprentice;
24and (3) the name of the school at which the qualifying
25apprentice is enrolled and the qualified education expenses are
26incurred.

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1 (c) For purposes of this Section:
2 "Employer" means an Illinois taxpayer who is the employer
3of the qualifying apprentice.
4 "Qualifying apprentices" means individuals who: (1) are
5residents of the State of Illinois, (2) are between the ages of
616 and 30 years old at the close of the academic year for which
7a credit is sought, (3) were full-time apprentices enrolled in
8an apprenticeship program that is registered with the United
9States Department of Labor, Office of Apprenticeship during the
10academic year for which a credit is sought, and (4) are
11employed in Illinois by the taxpayer who is the employer.
12 "Qualified education expense" means the amount incurred on
13behalf of a qualifying apprentice not to exceed $3,500 for
14tuition, book fees, and lab fees at the school or community
15college in which the apprentice is enrolled during the regular
16school year.
17 "School" means any public or nonpublic secondary school in
18Illinois that is: (1) an institution of higher education that
19provides a program that leads to industry-recognized
20postsecondary credential or degree; (2) an entity that carries
21out programs registered under the federal National
22Apprenticeship Act; or (3) another public or private provider
23of a program of training services, which may include a joint
24labor-management organization.
25 (d) This Section is exempt from the provisions of Section
26250.

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1 Section 3-20. The Motor Fuel Tax Law is amended by changing
2Sections 2 and 8 and by adding Section 2e as follows:
3 (35 ILCS 505/2) (from Ch. 120, par. 418)
4 Sec. 2. A tax is imposed on the privilege of operating
5motor vehicles upon the public highways and recreational-type
6watercraft upon the waters of this State.
7 (a) Prior to August 1, 1989, the tax is imposed at the rate
8of 13 cents per gallon on all motor fuel used in motor vehicles
9operating on the public highways and recreational type
10watercraft operating upon the waters of this State. Beginning
11on August 1, 1989 and until January 1, 1990, the rate of the
12tax imposed in this paragraph shall be 16 cents per gallon.
13Beginning January 1, 1990 and until July 1, 2019, the rate of
14tax imposed in this paragraph, including the tax on compressed
15natural gas, shall be 19 cents per gallon. Beginning on July 1,
162019 and until July 1, 2020, the rate of the tax imposed in
17this paragraph (a) shall be 44 cents per gallon.
18 By June 1, 2020 and by June 1 of each year thereafter, the
19Department shall determine an annual rate increase to take
20effect on July 1 of that calendar year and continue through
21June 30 of the next calendar year. Not later than June 1 of
22each year, the Department shall publish on the Department's
23website the rate that will take effect on July 1 of that
24calendar year. The rate shall be equal to the product of the

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1rate in effect multiplied by the transportation fee index
2factor determined under Section 2e. Each new rate may not
3exceed the rate in effect on June 30 of the previous year plus
4one cent.
5 (b) The tax on the privilege of operating motor vehicles
6which use diesel fuel, liquefied natural gas, or propane shall
7be the rate according to paragraph (a) plus an additional 8 2
81/2 cents per gallon. "Diesel fuel" is defined as any product
9intended for use or offered for sale as a fuel for engines in
10which the fuel is injected into the combustion chamber and
11ignited by pressure without electric spark.
12 (c) A tax is imposed upon the privilege of engaging in the
13business of selling motor fuel as a retailer or reseller on all
14motor fuel used in motor vehicles operating on the public
15highways and recreational type watercraft operating upon the
16waters of this State: (1) at the rate of 3 cents per gallon on
17motor fuel owned or possessed by such retailer or reseller at
1812:01 a.m. on August 1, 1989; and (2) at the rate of 3 cents per
19gallon on motor fuel owned or possessed by such retailer or
20reseller at 12:01 A.M. on January 1, 1990.
21 Retailers and resellers who are subject to this additional
22tax shall be required to inventory such motor fuel and pay this
23additional tax in a manner prescribed by the Department of
24Revenue.
25 The tax imposed in this paragraph (c) shall be in addition
26to all other taxes imposed by the State of Illinois or any unit

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1of local government in this State.
2 (d) Except as provided in Section 2a, the collection of a
3tax based on gallonage of gasoline used for the propulsion of
4any aircraft is prohibited on and after October 1, 1979.
5 (e) The collection of a tax, based on gallonage of all
6products commonly or commercially known or sold as 1-K
7kerosene, regardless of its classification or uses, is
8prohibited (i) on and after July 1, 1992 until December 31,
91999, except when the 1-K kerosene is either: (1) delivered
10into bulk storage facilities of a bulk user, or (2) delivered
11directly into the fuel supply tanks of motor vehicles and (ii)
12on and after January 1, 2000. Beginning on January 1, 2000, the
13collection of a tax, based on gallonage of all products
14commonly or commercially known or sold as 1-K kerosene,
15regardless of its classification or uses, is prohibited except
16when the 1-K kerosene is delivered directly into a storage tank
17that is located at a facility that has withdrawal facilities
18that are readily accessible to and are capable of dispensing
191-K kerosene into the fuel supply tanks of motor vehicles. For
20purposes of this subsection (e), a facility is considered to
21have withdrawal facilities that are not "readily accessible to
22and capable of dispensing 1-K kerosene into the fuel supply
23tanks of motor vehicles" only if the 1-K kerosene is delivered
24from: (i) a dispenser hose that is short enough so that it will
25not reach the fuel supply tank of a motor vehicle or (ii) a
26dispenser that is enclosed by a fence or other physical barrier

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1so that a vehicle cannot pull alongside the dispenser to permit
2fueling.
3 Any person who sells or uses 1-K kerosene for use in motor
4vehicles upon which the tax imposed by this Law has not been
5paid shall be liable for any tax due on the sales or use of 1-K
6kerosene.
7(Source: P.A. 100-9, eff. 7-1-17.)
8 (35 ILCS 505/2e new)
9 Sec. 2e. Transportation fee index factors.
10 (a) For purposes of this Section, "Consumer Price Index"
11means the Consumer Price Index for all Urban Consumers, U.S.
12city average, all items, using the index base period of
131982-1984 equal to 100, as published by the Bureau of Labor
14Statistics of the United States Department of Labor.
15 (b) The Department shall calculate an annual index factor
16to be used for the rate to take effect each July 1 beginning in
172020. The Department shall determine the index factor before
18May 1 of each year using the method described in subsection
19(c).
20 (c) The annual index factor to be used each year equals the
21following:
22 STEP ONE: Divide the annual Consumer Price Index for
23 the year preceding the determination year by the annual
24 Consumer Price Index for the year immediately preceding
25 that year.

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1 STEP TWO: Divide the annual Illinois Personal Income
2 for the year preceding the determination year by the annual
3 Illinois Personal Income for the year immediately
4 preceding that year.
5 STEP THREE: Add:
6 (1) the STEP ONE result; and
7 (2) the STEP TWO result.
8 STEP FOUR: Divide the STEP THREE result by 2.
9 (35 ILCS 505/8) (from Ch. 120, par. 424)
10 Sec. 8. Except as provided in Section 8a, subdivision
11(h)(1) of Section 12a, Section 13a.6, and items 13, 14, 15, and
1216 of Section 15, all money received by the Department under
13this Act, including payments made to the Department by member
14jurisdictions participating in the International Fuel Tax
15Agreement, shall be deposited in a special fund in the State
16treasury, to be known as the "Motor Fuel Tax Fund", and shall
17be used as follows:
18 (a) 2 1/2 cents per gallon of the tax collected on special
19fuel under paragraph (b) of Section 2 and Section 13a of this
20Act shall be transferred to the State Construction Account Fund
21in the State Treasury;
22 (b) $420,000 shall be transferred each month to the State
23Boating Act Fund to be used by the Department of Natural
24Resources for the purposes specified in Article X of the Boat
25Registration and Safety Act;

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1 (c) $3,500,000 shall be transferred each month to the Grade
2Crossing Protection Fund to be used as follows: not less than
3$12,000,000 each fiscal year shall be used for the construction
4or reconstruction of rail highway grade separation structures;
5$2,250,000 in fiscal years 2004 through 2009 and $3,000,000 in
6fiscal year 2010 and each fiscal year thereafter shall be
7transferred to the Transportation Regulatory Fund and shall be
8accounted for as part of the rail carrier portion of such funds
9and shall be used to pay the cost of administration of the
10Illinois Commerce Commission's railroad safety program in
11connection with its duties under subsection (3) of Section
1218c-7401 of the Illinois Vehicle Code, with the remainder to be
13used by the Department of Transportation upon order of the
14Illinois Commerce Commission, to pay that part of the cost
15apportioned by such Commission to the State to cover the
16interest of the public in the use of highways, roads, streets,
17or pedestrian walkways in the county highway system, township
18and district road system, or municipal street system as defined
19in the Illinois Highway Code, as the same may from time to time
20be amended, for separation of grades, for installation,
21construction or reconstruction of crossing protection or
22reconstruction, alteration, relocation including construction
23or improvement of any existing highway necessary for access to
24property or improvement of any grade crossing and grade
25crossing surface including the necessary highway approaches
26thereto of any railroad across the highway or public road, or

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1for the installation, construction, reconstruction, or
2maintenance of a pedestrian walkway over or under a railroad
3right-of-way, as provided for in and in accordance with Section
418c-7401 of the Illinois Vehicle Code. The Commission may order
5up to $2,000,000 per year in Grade Crossing Protection Fund
6moneys for the improvement of grade crossing surfaces and up to
7$300,000 per year for the maintenance and renewal of 4-quadrant
8gate vehicle detection systems located at non-high speed rail
9grade crossings. The Commission shall not order more than
10$2,000,000 per year in Grade Crossing Protection Fund moneys
11for pedestrian walkways. In entering orders for projects for
12which payments from the Grade Crossing Protection Fund will be
13made, the Commission shall account for expenditures authorized
14by the orders on a cash rather than an accrual basis. For
15purposes of this requirement an "accrual basis" assumes that
16the total cost of the project is expended in the fiscal year in
17which the order is entered, while a "cash basis" allocates the
18cost of the project among fiscal years as expenditures are
19actually made. To meet the requirements of this subsection, the
20Illinois Commerce Commission shall develop annual and 5-year
21project plans of rail crossing capital improvements that will
22be paid for with moneys from the Grade Crossing Protection
23Fund. The annual project plan shall identify projects for the
24succeeding fiscal year and the 5-year project plan shall
25identify projects for the 5 directly succeeding fiscal years.
26The Commission shall submit the annual and 5-year project plans

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

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1 the period July 1, 2000 through June 30, 2003, one-twelfth
2 of $30,000,000 each month, and $15,000,000 on July 1, 2003,
3 and $15,000,000 on January 1, 2004, and $15,000,000 on each
4 July 1 and October 1, or as soon thereafter as may be
5 practical, during the period July 1, 2004 through June 30,
6 2012, and $30,000,000 on June 1, 2013, or as soon
7 thereafter as may be practical, and $15,000,000 on July 1
8 and October 1, or as soon thereafter as may be practical,
9 during the period of July 1, 2013 through June 30, 2015,
10 for the administration of the Vehicle Emissions Inspection
11 Law of 2005, to be transferred by the State Comptroller and
12 Treasurer from the Motor Fuel Tax Fund into the Vehicle
13 Inspection Fund;
14 (5) amounts ordered paid by the Court of Claims; and
15 (6) payment of motor fuel use taxes due to member
16 jurisdictions under the terms of the International Fuel Tax
17 Agreement. The Department shall certify these amounts to
18 the Comptroller by the 15th day of each month; the
19 Comptroller shall cause orders to be drawn for such
20 amounts, and the Treasurer shall administer those amounts
21 on or before the last day of each month;
22 (e) after allocations for the purposes set forth in
23subsections (a), (b), (c) and (d), the remaining amount shall
24be apportioned as follows:
25 (1) Until January 1, 2000, 58.4%, and beginning January
26 1, 2000, 45.6% shall be deposited as follows:

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1 (A) 37% into the State Construction Account Fund,
2 and
3 (B) 63% into the Road Fund, $1,250,000 of which
4 shall be reserved each month for the Department of
5 Transportation to be used in accordance with the
6 provisions of Sections 6-901 through 6-906 of the
7 Illinois Highway Code;
8 (2) Until January 1, 2000, 41.6%, and beginning January
9 1, 2000, 54.4% shall be transferred to the Department of
10 Transportation to be distributed as follows:
11 (A) 49.10% to the municipalities of the State,
12 (B) 16.74% to the counties of the State having
13 1,000,000 or more inhabitants,
14 (C) 18.27% to the counties of the State having less
15 than 1,000,000 inhabitants,
16 (D) 15.89% to the road districts of the State.
17 As soon as may be after the first day of each month the
18Department of Transportation shall allot to each municipality
19its share of the amount apportioned to the several
20municipalities which shall be in proportion to the population
21of such municipalities as determined by the last preceding
22municipal census if conducted by the Federal Government or
23Federal census. If territory is annexed to any municipality
24subsequent to the time of the last preceding census the
25corporate authorities of such municipality may cause a census
26to be taken of such annexed territory and the population so

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1ascertained for such territory shall be added to the population
2of the municipality as determined by the last preceding census
3for the purpose of determining the allotment for that
4municipality. If the population of any municipality was not
5determined by the last Federal census preceding any
6apportionment, the apportionment to such municipality shall be
7in accordance with any census taken by such municipality. Any
8municipal census used in accordance with this Section shall be
9certified to the Department of Transportation by the clerk of
10such municipality, and the accuracy thereof shall be subject to
11approval of the Department which may make such corrections as
12it ascertains to be necessary.
13 As soon as may be after the first day of each month the
14Department of Transportation shall allot to each county its
15share of the amount apportioned to the several counties of the
16State as herein provided. Each allotment to the several
17counties having less than 1,000,000 inhabitants shall be in
18proportion to the amount of motor vehicle license fees received
19from the residents of such counties, respectively, during the
20preceding calendar year. The Secretary of State shall, on or
21before April 15 of each year, transmit to the Department of
22Transportation a full and complete report showing the amount of
23motor vehicle license fees received from the residents of each
24county, respectively, during the preceding calendar year. The
25Department of Transportation shall, each month, use for
26allotment purposes the last such report received from the

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1Secretary of State.
2 As soon as may be after the first day of each month, the
3Department of Transportation shall allot to the several
4counties their share of the amount apportioned for the use of
5road districts. The allotment shall be apportioned among the
6several counties in the State in the proportion which the total
7mileage of township or district roads in the respective
8counties bears to the total mileage of all township and
9district roads in the State. Funds allotted to the respective
10counties for the use of road districts therein shall be
11allocated to the several road districts in the county in the
12proportion which the total mileage of such township or district
13roads in the respective road districts bears to the total
14mileage of all such township or district roads in the county.
15After July 1 of any year prior to 2011, no allocation shall be
16made for any road district unless it levied a tax for road and
17bridge purposes in an amount which will require the extension
18of such tax against the taxable property in any such road
19district at a rate of not less than either .08% of the value
20thereof, based upon the assessment for the year immediately
21prior to the year in which such 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. Beginning
25July 1, 2011 and each July 1 thereafter, an allocation shall be
26made for any road district if it levied a tax for road and

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1bridge purposes. In counties other than DuPage County, if the
2amount of the tax levy requires the extension of the tax
3against the taxable property in the road district at a rate
4that is less than 0.08% of the value thereof, based upon the
5assessment for the year immediately prior to the year in which
6the tax was levied and as equalized by the Department of
7Revenue, then the amount of the allocation for that road
8district shall be a percentage of the maximum allocation equal
9to the percentage obtained by dividing the rate extended by the
10district by 0.08%. In DuPage County, if the amount of the tax
11levy requires the extension of the tax against the taxable
12property in the road district at a rate that is less than the
13lesser of (i) 0.08% of the value of the taxable property in the
14road district, based upon the assessment for the year
15immediately prior to the year in which such tax was levied and
16as equalized by the Department of Revenue, or (ii) a rate that
17will yield an amount equal to $12,000 per mile of road under
18the jurisdiction of the road district, then the amount of the
19allocation for the road district shall be a percentage of the
20maximum allocation equal to the percentage obtained by dividing
21the rate extended by the district by the lesser of (i) 0.08% or
22(ii) the rate that will yield an amount equal to $12,000 per
23mile of road under the jurisdiction of the road district.
24 Prior to 2011, if any road district has levied a special
25tax for road purposes pursuant to Sections 6-601, 6-602 and
266-603 of the Illinois Highway Code, and such tax was levied in

10100HB3233sam001- 32 -LRB101 11081 TAE 60188 a
1an amount which would require extension at a rate of not less
2than .08% of the value of the taxable property thereof, 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, such levy shall, however, be deemed a proper
7compliance with this Section and shall qualify such road
8district for an allotment under this Section. Beginning in 2011
9and thereafter, if any road district has levied a special tax
10for road purposes under Sections 6-601, 6-602, and 6-603 of the
11Illinois Highway Code, and the tax was levied in an amount that
12would require extension at a rate of not less than 0.08% of the
13value of the taxable property of that road district, as
14equalized or assessed by the Department of Revenue or, in
15DuPage County, an amount equal to or greater than $12,000 per
16mile of road under the jurisdiction of the road district,
17whichever is less, that levy shall be deemed a proper
18compliance with this Section and shall qualify such road
19district for a full, rather than proportionate, allotment under
20this Section. If the levy for the special tax is less than
210.08% of the value of the taxable property, or, in DuPage
22County if the levy for the special tax is less than the lesser
23of (i) 0.08% or (ii) $12,000 per mile of road under the
24jurisdiction of the road district, and if the levy for the
25special tax is more than any other levy for road and bridge
26purposes, then the levy for the special tax qualifies the road

10100HB3233sam001- 33 -LRB101 11081 TAE 60188 a
1district for a proportionate, rather than full, allotment under
2this Section. If the levy for the special tax is equal to or
3less than any other levy for road and bridge purposes, then any
4allotment under this Section shall be determined by the other
5levy for road and bridge purposes.
6 Prior to 2011, if a township has transferred to the road
7and bridge fund money which, when added to the amount of any
8tax levy of the road district would be the equivalent of a tax
9levy requiring extension at a rate of at least .08%, or, in
10DuPage County, an amount equal to or greater than $12,000 per
11mile of road under the jurisdiction of the road district,
12whichever is less, such transfer, together with any such tax
13levy, shall be deemed a proper compliance with this Section and
14shall qualify the road district for an allotment under this
15Section.
16 In counties in which a property tax extension limitation is
17imposed under the Property Tax Extension Limitation Law, road
18districts may retain their entitlement to a motor fuel tax
19allotment or, beginning in 2011, their entitlement to a full
20allotment if, at the time the property tax extension limitation
21was imposed, the road district was levying a road and bridge
22tax at a rate sufficient to entitle it to a motor fuel tax
23allotment and continues to levy the maximum allowable amount
24after the imposition of the property tax extension limitation.
25Any road district may in all circumstances retain its
26entitlement to a motor fuel tax allotment or, beginning in

10100HB3233sam001- 34 -LRB101 11081 TAE 60188 a
12011, its entitlement to a full allotment if it levied a road
2and bridge tax in an amount that will require the extension of
3the tax against the taxable property in the road district at a
4rate of not less than 0.08% of the assessed value of the
5property, based upon the assessment for the year immediately
6preceding the year in which the tax was levied and as equalized
7by the Department of Revenue or, in DuPage County, an amount
8equal to or greater than $12,000 per mile of road under the
9jurisdiction of the road district, whichever is less.
10 As used in this Section the term "road district" means any
11road district, including a county unit road district, provided
12for by the Illinois Highway Code; and the term "township or
13district road" means any road in the township and district road
14system as defined in the Illinois Highway Code. For the
15purposes of this Section, "township or district road" also
16includes such roads as are maintained by park districts, forest
17preserve districts and conservation districts. The Department
18of Transportation shall determine the mileage of all township
19and district roads for the purposes of making allotments and
20allocations of motor fuel tax funds for use in road districts.
21 Payment of motor fuel tax moneys to municipalities and
22counties shall be made as soon as possible after the allotment
23is made. The treasurer of the municipality or county may invest
24these funds until their use is required and the interest earned
25by these investments shall be limited to the same uses as the
26principal funds.

10100HB3233sam001- 35 -LRB101 11081 TAE 60188 a
1 Any municipality or county receiving motor fuel tax funds
2from the Department of Transportation pursuant to this Law may
3adopt specifications that differ from the Department of
4Transportation's specifications for the design and
5construction of hot mix asphalt projects that utilize motor
6fuel tax funds received by the municipality or county if all
7components of specifications adopted by the municipality or
8county for projects are based upon: (1) existing Department of
9Transportation specifications; (2) full standards promulgated
10by the American Society for Testing and Materials or the
11American Association of State Highway and Transportation
12Officials; (3) Federal Highway Administration Technical
13Briefs; (4) completed transportation pooled fund studies
14sponsored by either the Federal Highway Administration or a
15State Department of Transportation and administered by the
16Federal Highway Administration; or (5) completed National
17Cooperative Highway Research Program projects.
18(Source: P.A. 97-72, eff. 7-1-11; 97-333, eff. 8-12-11; 98-24,
19eff. 6-19-13; 98-674, eff. 6-30-14.)
20 Section 3-25. The Counties Code is amended by changing
21Section 5-1035.1 as follows:
22 (55 ILCS 5/5-1035.1) (from Ch. 34, par. 5-1035.1)
23 Sec. 5-1035.1. County Motor Fuel Tax Law.
24 (a) The county board of the counties of DuPage, Kane, Lake,

10100HB3233sam001- 36 -LRB101 11081 TAE 60188 a
1Will, and McHenry may, by an ordinance or resolution adopted by
2an affirmative vote of a majority of the members elected or
3appointed to the county board, impose a tax upon all persons
4engaged in the county in the business of selling motor fuel, as
5now or hereafter defined in the Motor Fuel Tax Law, at retail
6for the operation of motor vehicles upon public highways or for
7the operation of recreational watercraft upon waterways. Kane
8County may exempt diesel fuel from the tax imposed pursuant to
9this Section. The initial tax rate may be imposed by the county
10board at a rate not lower than 4 cents per gallon , in half-cent
11increments, at a rate not exceeding 4 cents per gallon of motor
12fuel sold at retail within the county for the purpose of use or
13consumption and not for the purpose of resale, and not
14exceeding 8 cents per gallon of motor fuel sold at retail
15within the county for the purpose of use or consumption and not
16for the purpose of resale. The Department of Revenue shall
17calculate annual increases in the tax rate under this Section
18pursuant to subsection (a-5). The proceeds from the tax shall
19be used by the county solely for the purpose of operating,
20constructing and improving public highways and waterways, and
21acquiring real property and right-of-ways for public highways
22and waterways within the county imposing the tax.
23 (a-5) By June 1, 2020 and by June 1 of each year
24thereafter, the Department shall determine an annual rate
25increase to take effect on July 1 of that calendar year and
26continue through June 30 of the next calendar year. Not later

10100HB3233sam001- 37 -LRB101 11081 TAE 60188 a
1than June 1 of each year, the Department shall publish on the
2Department's website the rate that will take effect on July 1
3of that calendar year. The rate shall be equal to the product
4of the rate in effect multiplied by the transportation fee
5index factor determined under Section 2e of the Motor Fuel Tax
6Law. Each new rate may not exceed the rate in effect on June 30
7of the previous year plus one cent.
8 (b) A tax imposed pursuant to this Section, and all civil
9penalties that may be assessed as an incident thereof, shall be
10administered, collected and enforced by the Illinois
11Department of Revenue in the same manner as the tax imposed
12under the Retailers' Occupation Tax Act, as now or hereafter
13amended, insofar as may be practicable; except that in the
14event of a conflict with the provisions of this Section, this
15Section shall control. The Department of Revenue shall have
16full power: to administer and enforce this Section; to collect
17all taxes and penalties due hereunder; to dispose of taxes and
18penalties so collected in the manner hereinafter provided; and
19to determine all rights to credit memoranda arising on account
20of the erroneous payment of tax or penalty hereunder.
21 (c) Whenever the Department determines that a refund shall
22be made under this Section to a claimant instead of issuing a
23credit memorandum, the Department shall notify the State
24Comptroller, who shall cause the order to be drawn for the
25amount specified, and to the person named, in the notification
26from the Department. The refund shall be paid by the State

10100HB3233sam001- 38 -LRB101 11081 TAE 60188 a
1Treasurer out of the County Option Motor Fuel Tax Fund.
2 (d) The Department shall forthwith pay over to the State
3Treasurer, ex officio ex-officio, as trustee, all taxes and
4penalties collected hereunder, which shall be deposited into
5the County Option Motor Fuel Tax Fund, a special fund in the
6State Treasury which is hereby created. On or before the 25th
7day of each calendar month, the Department shall prepare and
8certify to the State Comptroller the disbursement of stated
9sums of money to named counties for which taxpayers have paid
10taxes or penalties hereunder to the Department during the
11second preceding calendar month. The amount to be paid to each
12county shall be the amount (not including credit memoranda)
13collected hereunder from retailers within the county during the
14second preceding calendar month by the Department, but not
15including an amount equal to the amount of refunds made during
16the second preceding calendar month by the Department on behalf
17of the county; less 2% of the balance, which sum shall be
18retained by the State Treasurer to cover the costs incurred by
19the Department in administering and enforcing the provisions of
20this Section. The Department, at the time of each monthly
21disbursement to the counties, shall prepare and certify to the
22Comptroller the amount so retained by the State Treasurer,
23which shall be transferred into the Tax Compliance and
24Administration Fund.
25 (e) A county may direct, by ordinance, that all or a
26portion of the taxes and penalties collected under the County

10100HB3233sam001- 39 -LRB101 11081 TAE 60188 a
1Option Motor Fuel Tax shall be deposited into the
2Transportation Development Partnership Trust Fund.
3 (f) Nothing in this Section shall be construed to authorize
4a county to impose a tax upon the privilege of engaging in any
5business which under the Constitution of the United States may
6not be made the subject of taxation by this State.
7 (g) An ordinance or resolution imposing a tax hereunder or
8effecting a change in the rate thereof shall be effective on
9the first day of the second calendar month next following the
10month in which the ordinance or resolution is adopted and a
11certified copy thereof is filed with the Department of Revenue,
12whereupon the Department of Revenue shall proceed to administer
13and enforce this Section on behalf of the county as of the
14effective date of the ordinance or resolution. Upon a change in
15rate of a tax levied hereunder, or upon the discontinuance of
16the tax, the county board of the county shall, on or not later
17than 5 days after the effective date of the ordinance or
18resolution discontinuing the tax or effecting a change in rate,
19transmit to the Department of Revenue a certified copy of the
20ordinance or resolution effecting the change or
21discontinuance.
22 (h) This Section shall be known and may be cited as the
23County Motor Fuel Tax Law.
24(Source: P.A. 98-1049, eff. 8-25-14.)
25 Section 3-30. The Illinois Municipal Code is amended by

10100HB3233sam001- 40 -LRB101 11081 TAE 60188 a
1adding Section 8-11-2.3 as follows:
2 (65 ILCS 5/8-11-2.3 new)
3 Sec. 8-11-2.3. Motor fuel tax. Notwithstanding any other
4provision of law, in addition to any other tax that may be
5imposed, if a municipality adopts a responsible bid ordinance
6that is approved by the Department of Transportation, then the
7municipality may also impose, by ordinance, a tax on motor fuel
8at a rate not to exceed $0.03 per gallon. To be approved by the
9Department pursuant to this Section, a responsible bid
10ordinance must, at a minimum, require that bidders present
11satisfactory evidence of compliance with the following:
12 (1) The bidder must comply with all applicable laws
13 concerning the bidder's entitlement to conduct business in
14 Illinois.
15 (2) The bidder must comply with all applicable
16 provisions of the Prevailing Wage Act.
17 (3) The bidder must comply with Subchapter VI ("Equal
18 Employment Opportunities") of Chapter 21 of Title 42 of the
19 United States Code (42 U.S.C. 2000e and following) and with
20 Federal Executive Order No. 11246 as amended by Executive
21 Order No. 11375.
22 (4) The bidder must have a valid Federal Employer
23 Identification Number or, if an individual, a valid Social
24 Security Number.
25 (5) The bidder must have a valid certificate of

10100HB3233sam001- 41 -LRB101 11081 TAE 60188 a
1 insurance showing the following coverages: general
2 liability, professional liability, product liability,
3 workers' compensation, completed operations, hazardous
4 occupation, and motor vehicles.
5 (6) The bidder and all bidder's subcontractors must
6 participate in applicable apprenticeship and training
7 programs approved by and registered with the United States
8 Department of Labor's Bureau of Apprenticeship and
9 Training.
10 (7) The bidder must certify that the bidder will
11 maintain an Illinois office as the primary place of
12 employment for persons employed in the construction
13 authorized by the contract.
14 Upon approval, the Department of Transportation shall
15certify the responsible bid ordinance to the Department of
16Revenue. The Department of Revenue shall administer and enforce
17the motor fuel tax on and after the first day of January next
18following the adoption of the motor fuel tax ordinance. The
19Department of Revenue shall adopt rules for the implementation
20and administration of the motor fuel tax.
21 A license that is issued to a distributor or a receiver
22under the Motor Fuel Tax Law shall permit that distributor or
23receiver to act as a distributor or receiver, as applicable,
24under this Section. The provisions of Sections 2b, 2d, 6, 6a,
2512, 12a, 13, 13a.2, 13a.7, 13a.8, 15.1, and 21 of the Motor
26Fuel Tax Law that are not inconsistent with this Section shall

10100HB3233sam001- 42 -LRB101 11081 TAE 60188 a
1apply as far as practicable to the subject matter of this
2Section to the same extent as if those provisions were included
3in this Section.
4 The Department shall immediately pay over to the State
5Treasurer, ex officio, as trustee, all taxes and penalties
6collected under this Section. Those taxes and penalties shall
7be deposited into the Municipal Motor Fuel Tax Fund, a trust
8fund created in the State treasury. Moneys in the Municipal
9Motor Fuel Tax Fund shall be used to make payments to
10municipalities and for the payment of refunds under this
11Section. The amount to be paid to each municipality shall be
12the amount (not including credit memoranda) collected by the
13Department from the tax imposed by that municipality under this
14Section during the second preceding calendar month, plus an
15amount the Department determines is necessary to offset amounts
16that were erroneously paid to a different municipality, and not
17including an amount equal to the amount of refunds made during
18the second preceding calendar month by the Department on behalf
19of the municipality, and not including any amount that the
20Department determines is necessary to offset any amounts that
21were payable to a different municipality but were erroneously
22paid to the municipality, less 1.5% of the remainder, which the
23Department shall transfer into the Tax Compliance and
24Administration Fund. The Department, at the time of each
25monthly disbursement, shall prepare and certify to the State
26Comptroller the amount to be transferred into the Tax

10100HB3233sam001- 43 -LRB101 11081 TAE 60188 a
1Compliance and Administration Fund under this Section. Within
210 days after receipt by the Comptroller of the disbursement
3certification to the municipalities and the Tax Compliance and
4Administration Fund provided for in this Section to be given to
5the Comptroller by the Department, the Comptroller shall cause
6the orders to be drawn for the respective amounts in accordance
7with the directions contained in the certification.
8 Section 3-35. The Regional Transportation Authority Act is
9amended by changing Section 4.03 and by adding Section 2.39 as
10follows:
11 (70 ILCS 3615/2.39 new)
12 Sec. 2.39. Prioritization process for Northeastern
13Illinois transit projects.
14 (a) The Authority shall develop a transparent
15prioritization process for Northeastern Illinois transit
16projects receiving State capital funding. The prioritization
17process must consider, at a minimum: (1) access to jobs, (2)
18reliability improvement, (3) capacity needs, (4) safety, (5)
19state of good repair, (6) equity, (7) economic development, and
20(7) ridership demand. All State capital funding awards shall be
21made by the Regional Transportation Authority in accordance
22with the prioritization process. An appropriate public input
23process shall be established. The Authority shall make a report
24to the General Assembly each year describing its prioritization

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1process and its use in funding awards.
2 (b) A summary of the project evaluation process, measures,
3program, and scores for all candidate projects shall be
4published on the website of the Authority in a timely manner.
5 (70 ILCS 3615/4.03) (from Ch. 111 2/3, par. 704.03)
6 Sec. 4.03. Taxes.
7 (a) In order to carry out any of the powers or purposes of
8the Authority, the Board may by ordinance adopted with the
9concurrence of 12 of the then Directors, impose throughout the
10metropolitan region any or all of the taxes provided in this
11Section. Except as otherwise provided in this Act, taxes
12imposed under this Section and civil penalties imposed incident
13thereto shall be collected and enforced by the State Department
14of Revenue. The Department shall have the power to administer
15and enforce the taxes and to determine all rights for refunds
16for erroneous payments of the taxes. Nothing in Public Act
1795-708 is intended to invalidate any taxes currently imposed by
18the Authority. The increased vote requirements to impose a tax
19shall only apply to actions taken after January 1, 2008 (the
20effective date of Public Act 95-708).
21 (b) The Board may impose a public transportation tax upon
22all persons engaged in the metropolitan region in the business
23of selling at retail motor fuel for operation of motor vehicles
24upon public highways. The tax shall be at a rate not to exceed
255% of the gross receipts from the sales of motor fuel in the

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1course of the business. As used in this Act, the term "motor
2fuel" shall have the same meaning as in the Motor Fuel Tax Law.
3The Board may provide for details of the tax. The provisions of
4any tax shall conform, as closely as may be practicable, to the
5provisions of the Municipal Retailers Occupation Tax Act,
6including without limitation, conformity to penalties with
7respect to the tax imposed and as to the powers of the State
8Department of Revenue to promulgate and enforce rules and
9regulations relating to the administration and enforcement of
10the provisions of the tax imposed, except that reference in the
11Act to any municipality shall refer to the Authority and the
12tax shall be imposed only with regard to receipts from sales of
13motor fuel in the metropolitan region, at rates as limited by
14this Section.
15 (c) In connection with the tax imposed under paragraph (b)
16of this Section the Board may impose a tax upon the privilege
17of using in the metropolitan region motor fuel for the
18operation of a motor vehicle upon public highways, the tax to
19be at a rate not in excess of the rate of tax imposed under
20paragraph (b) of this Section. The Board may provide for
21details of the tax.
22 (d) The Board may impose a motor vehicle parking tax upon
23the privilege of parking motor vehicles at off-street parking
24facilities in the metropolitan region at which a fee is
25charged, and may provide for reasonable classifications in and
26exemptions to the tax, for administration and enforcement

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1thereof and for civil penalties and refunds thereunder and may
2provide criminal penalties thereunder, the maximum penalties
3not to exceed the maximum criminal penalties provided in the
4Retailers' Occupation Tax Act. The Authority may collect and
5enforce the tax itself or by contract with any unit of local
6government. The State Department of Revenue shall have no
7responsibility for the collection and enforcement unless the
8Department agrees with the Authority to undertake the
9collection and enforcement. As used in this paragraph, the term
10"parking facility" means a parking area or structure having
11parking spaces for more than 2 vehicles at which motor vehicles
12are permitted to park in return for an hourly, daily, or other
13periodic fee, whether publicly or privately owned, but does not
14include parking spaces on a public street, the use of which is
15regulated by parking meters.
16 (e) The Board may impose a Regional Transportation
17Authority Retailers' Occupation Tax upon all persons engaged in
18the business of selling tangible personal property at retail in
19the metropolitan region. In Cook County, the tax rate shall be
201.25% of the gross receipts from sales of tangible personal
21property taxed at the 1% rate under the Retailers' Occupation
22Tax Act, and 1% of the gross receipts from other taxable sales
23made in the course of that business. In DuPage, Kane, Lake,
24McHenry, and Will counties Counties, the tax rate shall be
250.75% of the gross receipts from all taxable sales made in the
26course of that business. The tax imposed under this Section and

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1all civil penalties that may be assessed as an incident thereof
2shall be collected and enforced by the State Department of
3Revenue. The Department shall have full power to administer and
4enforce this Section; to collect all taxes and penalties so
5collected in the manner hereinafter provided; and to determine
6all rights to credit memoranda arising on account of the
7erroneous payment of tax or penalty hereunder. In the
8administration of, and compliance with this Section, the
9Department and persons who are subject to this Section shall
10have the same rights, remedies, privileges, immunities, powers
11and duties, and be subject to the same conditions,
12restrictions, limitations, penalties, exclusions, exemptions
13and definitions of terms, and employ the same modes of
14procedure, as are prescribed in Sections 1, 1a, 1a-1, 1c, 1d,
151e, 1f, 1i, 1j, 2 through 2-65 (in respect to all provisions
16therein other than the State rate of tax), 2c, 3 (except as to
17the disposition of taxes and penalties collected), 4, 5, 5a,
185b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d,
197, 8, 9, 10, 11, 12 and 13 of the Retailers' Occupation Tax Act
20and Section 3-7 of the Uniform Penalty and Interest Act, as
21fully as if those provisions were set forth herein.
22 Persons subject to any tax imposed under the authority
23granted in this Section may reimburse themselves for their
24seller's tax liability hereunder by separately stating the tax
25as an additional charge, which charge may be stated in
26combination in a single amount with State taxes that sellers

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1are required to collect under the Use Tax Act, under any
2bracket schedules the Department may prescribe.
3 Whenever the Department determines that a refund should be
4made under this Section to a claimant instead of issuing a
5credit memorandum, the Department shall notify the State
6Comptroller, who shall cause the warrant to be drawn for the
7amount specified, and to the person named, in the notification
8from the Department. The refund shall be paid by the State
9Treasurer out of the Regional Transportation Authority tax fund
10established under paragraph (n) of this Section.
11 If a tax is imposed under this subsection (e), a tax shall
12also be imposed under subsections (f) and (g) of this Section.
13 For the purpose of determining whether a tax authorized
14under this Section is applicable, a retail sale by a producer
15of coal or other mineral mined in Illinois, is a sale at retail
16at the place where the coal or other mineral mined in Illinois
17is extracted from the earth. This paragraph does not apply to
18coal or other mineral when it is delivered or shipped by the
19seller to the purchaser at a point outside Illinois so that the
20sale is exempt under the Federal Constitution as a sale in
21interstate or foreign commerce.
22 No tax shall be imposed or collected under this subsection
23on the sale of a motor vehicle in this State to a resident of
24another state if that motor vehicle will not be titled in this
25State.
26 Nothing in this Section shall be construed to authorize the

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1Regional Transportation Authority to impose a tax upon the
2privilege of engaging in any business that under the
3Constitution of the United States may not be made the subject
4of taxation by this State.
5 (f) If a tax has been imposed under paragraph (e), a
6Regional Transportation Authority Service Occupation Tax shall
7also be imposed upon all persons engaged, in the metropolitan
8region in the business of making sales of service, who as an
9incident to making the sales of service, transfer tangible
10personal property within the metropolitan region, either in the
11form of tangible personal property or in the form of real
12estate as an incident to a sale of service. In Cook County, the
13tax rate shall be: (1) 1.25% of the serviceman's cost price of
14food prepared for immediate consumption and transferred
15incident to a sale of service subject to the service occupation
16tax by an entity licensed under the Hospital Licensing Act, the
17Nursing Home Care Act, the Specialized Mental Health
18Rehabilitation Act of 2013, the ID/DD Community Care Act, or
19the MC/DD Act that is located in the metropolitan region; (2)
201.25% of the selling price of tangible personal property taxed
21at the 1% rate under the Service Occupation Tax Act; and (3) 1%
22of the selling price from other taxable sales of tangible
23personal property transferred. In DuPage, Kane, Lake, McHenry,
24and Will counties, Counties the rate shall be 0.75% of the
25selling price of all tangible personal property transferred.
26 The tax imposed under this paragraph and all civil

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1penalties that may be assessed as an incident thereof shall be
2collected and enforced by the State Department of Revenue. The
3Department shall have full power to administer and enforce this
4paragraph; to collect all taxes and penalties due hereunder; to
5dispose of taxes and penalties collected in the manner
6hereinafter provided; and to determine all rights to credit
7memoranda arising on account of the erroneous payment of tax or
8penalty hereunder. In the administration of and compliance with
9this paragraph, the Department and persons who are subject to
10this paragraph shall have the same rights, remedies,
11privileges, immunities, powers and duties, and be subject to
12the same conditions, restrictions, limitations, penalties,
13exclusions, exemptions and definitions of terms, and employ the
14same modes of procedure, as are prescribed in Sections 1a-1, 2,
152a, 3 through 3-50 (in respect to all provisions therein other
16than the State rate of tax), 4 (except that the reference to
17the State shall be to the Authority), 5, 7, 8 (except that the
18jurisdiction to which the tax shall be a debt to the extent
19indicated in that Section 8 shall be the Authority), 9 (except
20as to the disposition of taxes and penalties collected, and
21except that the returned merchandise credit for this tax may
22not be taken against any State tax), 10, 11, 12 (except the
23reference therein to Section 2b of the Retailers' Occupation
24Tax Act), 13 (except that any reference to the State shall mean
25the Authority), the first paragraph of Section 15, 16, 17, 18,
2619 and 20 of the Service Occupation Tax Act and Section 3-7 of

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1the Uniform Penalty and Interest Act, as fully as if those
2provisions were set forth herein.
3 Persons subject to any tax imposed under the authority
4granted in this paragraph may reimburse themselves for their
5serviceman's tax liability hereunder by separately stating the
6tax as an additional charge, that charge may be stated in
7combination in a single amount with State tax that servicemen
8are authorized to collect under the Service Use Tax Act, under
9any bracket schedules the Department may prescribe.
10 Whenever the Department determines that a refund should be
11made under this paragraph to a claimant instead of issuing a
12credit memorandum, the Department shall notify the State
13Comptroller, who shall cause the warrant to be drawn for the
14amount specified, and to the person named in the notification
15from the Department. The refund shall be paid by the State
16Treasurer out of the Regional Transportation Authority tax fund
17established under paragraph (n) of this Section.
18 Nothing in this paragraph shall be construed to authorize
19the Authority to impose a tax upon the privilege of engaging in
20any business that under the Constitution of the United States
21may not be made the subject of taxation by the State.
22 (g) If a tax has been imposed under paragraph (e), a tax
23shall also be imposed upon the privilege of using in the
24metropolitan region, any item of tangible personal property
25that is purchased outside the metropolitan region at retail
26from a retailer, and that is titled or registered with an

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1agency of this State's government. In Cook County, the tax rate
2shall be 1% of the selling price of the tangible personal
3property, as "selling price" is defined in the Use Tax Act. In
4DuPage, Kane, Lake, McHenry and Will counties, the tax rate
5shall be 0.75% of the selling price of the tangible personal
6property, as "selling price" is defined in the Use Tax Act. The
7tax shall be collected from persons whose Illinois address for
8titling or registration purposes is given as being in the
9metropolitan region. The tax shall be collected by the
10Department of Revenue for the Regional Transportation
11Authority. The tax must be paid to the State, or an exemption
12determination must be obtained from the Department of Revenue,
13before the title or certificate of registration for the
14property may be issued. The tax or proof of exemption may be
15transmitted to the Department by way of the State agency with
16which, or the State officer with whom, the tangible personal
17property must be titled or registered if the Department and the
18State agency or State officer determine that this procedure
19will expedite the processing of applications for title or
20registration.
21 The Department shall have full power to administer and
22enforce this paragraph; to collect all taxes, penalties, and
23interest due hereunder; to dispose of taxes, penalties, and
24interest collected in the manner hereinafter provided; and to
25determine all rights to credit memoranda or refunds arising on
26account of the erroneous payment of tax, penalty, or interest

10100HB3233sam001- 53 -LRB101 11081 TAE 60188 a
1hereunder. In the administration of and compliance with this
2paragraph, the Department and persons who are subject to this
3paragraph shall have the same rights, remedies, privileges,
4immunities, powers and duties, and be subject to the same
5conditions, restrictions, limitations, penalties, exclusions,
6exemptions and definitions of terms and employ the same modes
7of procedure, as are prescribed in Sections 2 (except the
8definition of "retailer maintaining a place of business in this
9State"), 3 through 3-80 (except provisions pertaining to the
10State rate of tax, and except provisions concerning collection
11or refunding of the tax by retailers), 4, 11, 12, 12a, 14, 15,
1219 (except the portions pertaining to claims by retailers and
13except the last paragraph concerning refunds), 20, 21 and 22 of
14the Use Tax Act, and are not inconsistent with this paragraph,
15as fully as if those provisions were set forth herein.
16 Whenever the Department determines that a refund should be
17made under this paragraph to a claimant instead of issuing a
18credit memorandum, the Department shall notify the State
19Comptroller, who shall cause the order to be drawn for the
20amount specified, and to the person named in the notification
21from the Department. The refund shall be paid by the State
22Treasurer out of the Regional Transportation Authority tax fund
23established under paragraph (n) of this Section.
24 (h) The Authority may impose a replacement vehicle tax of
25$50 on any passenger car as defined in Section 1-157 of the
26Illinois Vehicle Code purchased within the metropolitan region

10100HB3233sam001- 54 -LRB101 11081 TAE 60188 a
1by or on behalf of an insurance company to replace a passenger
2car of an insured person in settlement of a total loss claim.
3The tax imposed may not become effective before the first day
4of the month following the passage of the ordinance imposing
5the tax and receipt of a certified copy of the ordinance by the
6Department of Revenue. The Department of Revenue shall collect
7the tax for the Authority in accordance with Sections 3-2002
8and 3-2003 of the Illinois Vehicle Code.
9 The Department shall immediately pay over to the State
10Treasurer, ex officio, as trustee, all taxes collected
11hereunder.
12 As soon as possible after the first day of each month,
13beginning January 1, 2011, upon certification of the Department
14of Revenue, the Comptroller shall order transferred, and the
15Treasurer shall transfer, to the STAR Bonds Revenue Fund the
16local sales tax increment, as defined in the Innovation
17Development and Economy Act, collected under this Section
18during the second preceding calendar month for sales within a
19STAR bond district.
20 After the monthly transfer to the STAR Bonds Revenue Fund,
21on or before the 25th day of each calendar month, the
22Department shall prepare and certify to the Comptroller the
23disbursement of stated sums of money to the Authority. The
24amount to be paid to the Authority shall be the amount
25collected hereunder during the second preceding calendar month
26by the Department, less any amount determined by the Department

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1to be necessary for the payment of refunds, and less any
2amounts that are transferred to the STAR Bonds Revenue Fund.
3Within 10 days after receipt by the Comptroller of the
4disbursement certification to the Authority provided for in
5this Section to be given to the Comptroller by the Department,
6the Comptroller shall cause the orders to be drawn for that
7amount in accordance with the directions contained in the
8certification.
9 (i) The Board may not impose any other taxes except as it
10may from time to time be authorized by law to impose.
11 (j) A certificate of registration issued by the State
12Department of Revenue to a retailer under the Retailers'
13Occupation Tax Act or under the Service Occupation Tax Act
14shall permit the registrant to engage in a business that is
15taxed under the tax imposed under paragraphs (b), (e), (f) or
16(g) of this Section and no additional registration shall be
17required under the tax. A certificate issued under the Use Tax
18Act or the Service Use Tax Act shall be applicable with regard
19to any tax imposed under paragraph (c) of this Section.
20 (k) The provisions of any tax imposed under paragraph (c)
21of this Section shall conform as closely as may be practicable
22to the provisions of the Use Tax Act, including without
23limitation conformity as to penalties with respect to the tax
24imposed and as to the powers of the State Department of Revenue
25to promulgate and enforce rules and regulations relating to the
26administration and enforcement of the provisions of the tax

10100HB3233sam001- 56 -LRB101 11081 TAE 60188 a
1imposed. The taxes shall be imposed only on use within the
2metropolitan region and at rates as provided in the paragraph.
3 (l) The Board in imposing any tax as provided in paragraphs
4(b) and (c) of this Section, shall, after seeking the advice of
5the State Department of Revenue, provide means for retailers,
6users or purchasers of motor fuel for purposes other than those
7with regard to which the taxes may be imposed as provided in
8those paragraphs to receive refunds of taxes improperly paid,
9which provisions may be at variance with the refund provisions
10as applicable under the Municipal Retailers Occupation Tax Act.
11The State Department of Revenue may provide for certificates of
12registration for users or purchasers of motor fuel for purposes
13other than those with regard to which taxes may be imposed as
14provided in paragraphs (b) and (c) of this Section to
15facilitate the reporting and nontaxability of the exempt sales
16or uses.
17 (m) Any ordinance imposing or discontinuing any tax under
18this Section shall be adopted and a certified copy thereof
19filed with the Department on or before June 1, whereupon the
20Department of Revenue shall proceed to administer and enforce
21this Section on behalf of the Regional Transportation Authority
22as of September 1 next following such adoption and filing.
23Beginning January 1, 1992, an ordinance or resolution imposing
24or discontinuing the tax hereunder shall be adopted and a
25certified copy thereof filed with the Department on or before
26the first day of July, whereupon the Department shall proceed

10100HB3233sam001- 57 -LRB101 11081 TAE 60188 a
1to administer and enforce this Section as of the first day of
2October next following such adoption and filing. Beginning
3January 1, 1993, an ordinance or resolution imposing,
4increasing, decreasing, or discontinuing the tax hereunder
5shall be adopted and a certified copy thereof filed with the
6Department, whereupon the Department shall proceed to
7administer and enforce this Section as of the first day of the
8first month to occur not less than 60 days following such
9adoption and filing. Any ordinance or resolution of the
10Authority imposing a tax under this Section and in effect on
11August 1, 2007 shall remain in full force and effect and shall
12be administered by the Department of Revenue under the terms
13and conditions and rates of tax established by such ordinance
14or resolution until the Department begins administering and
15enforcing an increased tax under this Section as authorized by
16Public Act 95-708. The tax rates authorized by Public Act
1795-708 are effective only if imposed by ordinance of the
18Authority.
19 (n) Except as otherwise provided in this subsection (n),
20the State Department of Revenue shall, upon collecting any
21taxes as provided in this Section, pay the taxes over to the
22State Treasurer as trustee for the Authority. The taxes shall
23be held in a trust fund outside the State Treasury. On or
24before the 25th day of each calendar month, the State
25Department of Revenue shall prepare and certify to the
26Comptroller of the State of Illinois and to the Authority (i)

10100HB3233sam001- 58 -LRB101 11081 TAE 60188 a
1the amount of taxes collected in each county County other than
2Cook County in the metropolitan region, (ii) the amount of
3taxes collected within the City of Chicago, and (iii) the
4amount collected in that portion of Cook County outside of
5Chicago, each amount less the amount necessary for the payment
6of refunds to taxpayers located in those areas described in
7items (i), (ii), and (iii), and less 1.5% of the remainder,
8which shall be transferred from the trust fund into the Tax
9Compliance and Administration Fund. The Department, at the time
10of each monthly disbursement to the Authority, shall prepare
11and certify to the State Comptroller the amount to be
12transferred into the Tax Compliance and Administration Fund
13under this subsection. Within 10 days after receipt by the
14Comptroller of the certification of the amounts, the
15Comptroller shall cause an order to be drawn for the transfer
16of the amount certified into the Tax Compliance and
17Administration Fund and the payment of two-thirds of the
18amounts certified in item (i) of this subsection to the
19Authority and one-third of the amounts certified in item (i) of
20this subsection to the respective counties other than Cook
21County and the amount certified in items (ii) and (iii) of this
22subsection to the Authority.
23 In addition to the disbursement required by the preceding
24paragraph, an allocation shall be made in July 1991 and each
25year thereafter to the Regional Transportation Authority. The
26allocation shall be made in an amount equal to the average

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1monthly distribution during the preceding calendar year
2(excluding the 2 months of lowest receipts) and the allocation
3shall include the amount of average monthly distribution from
4the Regional Transportation Authority Occupation and Use Tax
5Replacement Fund. The distribution made in July 1992 and each
6year thereafter under this paragraph and the preceding
7paragraph shall be reduced by the amount allocated and
8disbursed under this paragraph in the preceding calendar year.
9The Department of Revenue shall prepare and certify to the
10Comptroller for disbursement the allocations made in
11accordance with this paragraph.
12 (o) Failure to adopt a budget ordinance or otherwise to
13comply with Section 4.01 of this Act or to adopt a Five-year
14Capital Program or otherwise to comply with paragraph (b) of
15Section 2.01 of this Act shall not affect the validity of any
16tax imposed by the Authority otherwise in conformity with law.
17 (p) (Blank). At no time shall a public transportation tax
18or motor vehicle parking tax authorized under paragraphs (b),
19(c)and (d) of this Section be in effect at the same time as any
20retailers' occupation, use or service occupation tax
21authorized under paragraphs (e), (f) and (g) of this Section is
22in effect.
23 Any taxes imposed under the authority provided in
24paragraphs (b), (c) and (d) shall remain in effect only until
25the time as any tax authorized by paragraphs (e), (f) or (g) of
26this Section are imposed and becomes effective. Once any tax

10100HB3233sam001- 60 -LRB101 11081 TAE 60188 a
1authorized by paragraphs (e), (f) or (g) is imposed the Board
2may not reimpose taxes as authorized in paragraphs (b), (c) and
3(d) of the Section unless any tax authorized by paragraphs (e),
4(f) or (g) of this Section becomes ineffective by means other
5than an ordinance of the Board.
6 (q) Any existing rights, remedies and obligations
7(including enforcement by the Regional Transportation
8Authority) arising under any tax imposed under paragraph
9paragraphs (b), (c), or (d) of this Section shall not be
10affected by the imposition of a tax under paragraph paragraphs
11(e), (f), or (g) of this Section.
12(Source: P.A. 99-180, eff. 7-29-15; 99-217, eff. 7-31-15;
1399-642, eff. 7-28-16; 100-23, eff. 7-6-17; 100-587, eff.
146-4-18; 100-1171, eff. 1-4-19; revised 1-11-19.)
15 Section 3-40. The Illinois Highway Code is amended by
16changing Sections 4-221 and 4-222 as follows:
17 (605 ILCS 5/4-221)
18 Sec. 4-221. Mix designs. To the extent allowed by federal
19law, the Department specifications shall allow the use of
20recycled asphalt roofing shingles, including asphalt
21rejuvenating agents and binder performance grade modifiers, in
22mix designs used for the construction and maintenance of State
23highways. All asphalt roofing shingles used in Department
24projects shall be from recycling facilities that are approved

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1by the Illinois Environmental Protection Agency and that are in
2compliance with the operational guidelines and
3asbestos-testing requirements set forth by the Agency under
4received from facilities authorized to process asphalt roofing
5shingles for recycling into asphalt pavement in accordance with
6(i) permits issued pursuant to Section 39 of the Environmental
7Protection Act or (ii) beneficial use determinations issued
8pursuant to Section 22.54 of the Environmental Protection Act.
9In creating the mix designs used for construction and
10maintenance of State highways, it shall be the goal of the
11Department, through its specifications, to maximize the
12percentage of recycled asphalt roofing shingles and binder
13replacement and to maximize the use of recycled aggregates and
14other lowest-cost constituents in the mix, including asphalt
15rejuvenating agents and binder performance grade modifiers, so
16long as there is no detrimental impact on life-cycle costs.
17(Source: P.A. 97-314, eff. 1-1-12.)
18 (605 ILCS 5/4-222)
19 Sec. 4-222. Recycled asphalt roofing shingles; cost
20savings; prohibitions on use in asphalt paving.
21 (a) It shall be the goal of the Department, with regard to
22its asphalt paving projects and to the extent possible, to
23reduce the carbon footprint and reduce average costs by
24maximizing the percentage use of recycled materials or lowest
25cost alternative materials, including asphalt rejuvenating

10100HB3233sam001- 62 -LRB101 11081 TAE 60188 a
1agents and binder performance grade modifiers, and extending
2the paving season so long as there is no detrimental impact on
3life-cycle costs. In furtherance of these goals, the Department
4shall provide to the Chairpersons of the Transportation
5Committee in each legislative chamber, within 60 days after the
6completion of each fiscal year, a written report of the
7activities initiated or abandoned in each district or region
8within the Department to meet those goals during the previous
9year. The report shall also include an analysis of the cost
10savings directly or indirectly attributed to those activities
11within each district or region. Upon review of the annual
12report, the Transportation Committees in each chamber may
13conduct hearings and provide recommendations to the Department
14regarding the performance of each district or region.
15 (b) No producer of asphalt pavement, operating pursuant to
16an air permit issued by the Illinois Environmental Protection
17Agency, shall use recycled asphalt roofing shingles in its
18pavement product unless the shingles have been processed for
19recycling into asphalt pavement in accordance with (i) permits
20issued pursuant to Section 39 of the Environmental Protection
21Act or (ii) beneficial use determinations issued pursuant to
22Section 22.54 of the Environmental Protection Act. The
23prohibition in this subsection (b) shall apply in addition to
24any other rules, specifications, or other requirements adopted
25by the Department regarding the use of asphalt roofing shingles
26in pavement product.

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1(Source: P.A. 97-314, eff. 1-1-12.)
2 Section 3-45. The Illinois Vehicle Code is amended by
3changing Sections 2-119, 3-402.1, 3-805, 3-806, 3-815, 3-818,
43-819, 3-821, 6-118, and 20-101 as follows:
5 (625 ILCS 5/2-119) (from Ch. 95 1/2, par. 2-119)
6 Sec. 2-119. Disposition of fees and taxes.
7 (a) All moneys received from Salvage Certificates shall be
8deposited in the Common School Fund in the State Treasury.
9 (b) Of the money collected for each certificate of title,
10duplicate certificate of title, and corrected certificate of
11title:
12 (1) $2.60 shall be deposited in the Park and
13 Conservation Fund;
14 (2) $0.65 shall be deposited in the Illinois Fisheries
15 Management Fund;
16 (3) $108 $48 shall be disbursed under subsection (g) of
17 this Section;
18 (4) $4 shall be deposited into the Motor Vehicle
19 License Plate Fund; and
20 (5) $30 shall be deposited into the Capital Projects
21 Fund.
22 All remaining moneys collected for certificates of title,
23and all moneys collected for filing of security interests,
24shall be deposited in the General Revenue Fund.

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1 The $20 collected for each delinquent vehicle registration
2renewal fee shall be deposited into the General Revenue Fund.
3 The moneys deposited in the Park and Conservation Fund
4under this Section shall be used for the acquisition and
5development of bike paths as provided for in Section 805-420 of
6the Department of Natural Resources (Conservation) Law of the
7Civil Administrative Code of Illinois. The moneys deposited
8into the Park and Conservation Fund under this subsection shall
9not be subject to administrative charges or chargebacks, unless
10otherwise authorized by this Code.
11 If the balance in the Motor Vehicle License Plate Fund
12exceeds $40,000,000 on the last day of a calendar month, then
13during the next calendar month, the $4 that otherwise would be
14deposited in that fund shall instead be deposited into the Road
15Fund.
16 (c) All moneys collected for that portion of a driver's
17license fee designated for driver education under Section 6-118
18shall be placed in the Drivers Education Fund in the State
19Treasury.
20 (d) Of the moneys collected as a registration fee for each
21motorcycle, motor driven cycle, and moped, 27% shall be
22deposited in the Cycle Rider Safety Training Fund.
23 (e) (Blank).
24 (f) Of the total money collected for a commercial learner's
25permit (CLP) or original or renewal issuance of a commercial
26driver's license (CDL) pursuant to the Uniform Commercial

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1Driver's License Act (UCDLA): (i) $6 of the total fee for an
2original or renewal CDL, and $6 of the total CLP fee when such
3permit is issued to any person holding a valid Illinois
4driver's license, shall be paid into the CDLIS/AAMVAnet/NMVTIS
5Trust Fund (Commercial Driver's License Information
6System/American Association of Motor Vehicle Administrators
7network/National Motor Vehicle Title Information Service Trust
8Fund) and shall be used for the purposes provided in Section
96z-23 of the State Finance Act and (ii) $20 of the total fee
10for an original or renewal CDL or CLP shall be paid into the
11Motor Carrier Safety Inspection Fund, which is hereby created
12as a special fund in the State Treasury, to be used by the
13Department of State Police, subject to appropriation, to hire
14additional officers to conduct motor carrier safety
15inspections pursuant to Chapter 18b of this Code.
16 (g) Of the moneys received by the Secretary of State as
17registration fees or taxes, certificates of title, duplicate
18certificates of title, corrected certificates of title, or as
19payment of any other fee under this Code, when those moneys are
20not otherwise distributed by this Code, 37% shall be deposited
21into the State Construction Account Fund, and 63% shall be
22deposited in the Road Fund. Moneys in the Road Fund shall be
23used for the purposes provided in Section 8.3 of the State
24Finance Act.
25 (h) (Blank).
26 (i) (Blank).

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1 (j) (Blank).
2 (k) There is created in the State Treasury a special fund
3to be known as the Secretary of State Special License Plate
4Fund. Money deposited into the Fund shall, subject to
5appropriation, be used by the Office of the Secretary of State
6(i) to help defray plate manufacturing and plate processing
7costs for the issuance and, when applicable, renewal of any new
8or existing registration plates authorized under this Code and
9(ii) for grants made by the Secretary of State to benefit
10Illinois Veterans Home libraries.
11 (l) The Motor Vehicle Review Board Fund is created as a
12special fund in the State Treasury. Moneys deposited into the
13Fund under paragraph (7) of subsection (b) of Section 5-101 and
14Section 5-109 shall, subject to appropriation, be used by the
15Office of the Secretary of State to administer the Motor
16Vehicle Review Board, including without limitation payment of
17compensation and all necessary expenses incurred in
18administering the Motor Vehicle Review Board under the Motor
19Vehicle Franchise Act.
20 (m) Effective July 1, 1996, there is created in the State
21Treasury a special fund to be known as the Family
22Responsibility Fund. Moneys deposited into the Fund shall,
23subject to appropriation, be used by the Office of the
24Secretary of State for the purpose of enforcing the Family
25Financial Responsibility Law.
26 (n) The Illinois Fire Fighters' Memorial Fund is created as

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1a special fund in the State Treasury. Moneys deposited into the
2Fund shall, subject to appropriation, be used by the Office of
3the State Fire Marshal for construction of the Illinois Fire
4Fighters' Memorial to be located at the State Capitol grounds
5in Springfield, Illinois. Upon the completion of the Memorial,
6moneys in the Fund shall be used in accordance with Section
73-634.
8 (o) Of the money collected for each certificate of title
9for all-terrain vehicles and off-highway motorcycles, $17
10shall be deposited into the Off-Highway Vehicle Trails Fund.
11 (p) For audits conducted on or after July 1, 2003 pursuant
12to Section 2-124(d) of this Code, 50% of the money collected as
13audit fees shall be deposited into the General Revenue Fund.
14(Source: P.A. 98-176 (See Section 10 of P.A. 98-722 and Section
1510 of P.A. 99-414 for the effective date of changes made by
16P.A. 98-176); 98-177, eff. 1-1-14; 98-756, eff. 7-16-14;
1799-127, eff. 1-1-16; 99-933, eff. 1-27-17.)
18 (625 ILCS 5/3-402.1) (from Ch. 95 1/2, par. 3-402.1)
19 Sec. 3-402.1. Proportional Registration. Any owner or
20rental owner engaged in operating a fleet of apportionable
21vehicles in this state and one or more other states may, in
22lieu of registration of such vehicles under the general
23provisions of sections 3-402, 3-815, 3-815.1, and 3-819,
24register and license such fleet for operations in this state by
25filing an application statement, signed under penalties of

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1perjury, with the Secretary of State which shall be in such
2form and contain such information as the Secretary of State
3shall require, declaring the total mileage operated in all
4states by such fleet, the total mileage operated in this state
5by such fleet during the preceding year, and describing and
6identifying each apportionable vehicle to be operated in this
7state during the ensuing year. If mileage data is not available
8for the preceding year, the Secretary of State may accept the
9latest 12-month period available. "Preceding year" means the
10period of 12 consecutive months immediately prior to July 1st
11of the year immediately preceding the registration or license
12year for which proportional registration is sought.
13 Such owner shall determine the proportion of in-state miles
14to total fleet miles. Such percentage figure shall be such
15owner's apportionment factor. In determining the total fee
16payment, such owner shall first compute the license fee or fees
17for each vehicle within the fleet which would otherwise be
18required, and then multiply the said amount by the Illinois
19apportionment factor adding the fees for each vehicle to arrive
20at a total amount for the fleet. Apportionable trailers and
21semitrailers will be registered in accordance with the
22provisions of Section 3-813 of this Code.
23 Upon receipt of the appropriate fees from such owner as
24computed under the provisions of this section, the Secretary of
25State shall, when this state is the base jurisdiction, issue to
26such owner number plates or other distinctive tags or such

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1evidence of registration as the Secretary of State shall deem
2appropriate to identify each vehicle in the fleet as a part of
3a proportionally registered interstate fleet.
4 Vehicles registered under the provision of this section
5shall be considered fully licensed and properly registered in
6Illinois for any type of movement or operation. The
7proportional registration and licensing provisions of this
8section shall apply to vehicles added to fleets and operated in
9this state during the registration year, applying the same
10apportionment factor to such fees as would be payable for the
11remainder of the registration year.
12 Apportionment factors for apportionable vehicles not
13operated in this state during the preceding year shall be
14determined by the Secretary of State on the basis of a full
15statement of the proposed methods of operation and in
16conformity with an estimated mileage chart as calculated by the
17Secretary of State. An established fleet adding states at the
18time of renewal shall estimate mileage for the added states in
19conformity with a mileage chart developed by the Secretary of
20State.
21(Source: P.A. 93-23, eff. 6-20-03.)
22 (625 ILCS 5/3-805) (from Ch. 95 1/2, par. 3-805)
23 Sec. 3-805. Electric vehicles.
24 (a) The owner of a motor vehicle of the first division or a
25motor vehicle of the second division weighing 8,000 pounds or

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1less propelled by an electric engine and not utilizing motor
2fuel shall register the vehicle for a fee of $1,000 for a
3one-year registration period , may register such vehicle for a
4fee not to exceed $35 for a 2-year registration period. The
5Secretary may, in his discretion, prescribe that electric
6vehicle registration plates be issued for an indefinite term,
7such term to correspond to the term of registration plates
8issued generally, as provided in Section 3-414.1. In no event
9may the registration fee for electric vehicles exceed $18 per
10registration year.
11 (b) By June 1, 2020 and by June 1 of each year thereafter,
12the Department of Revenue shall determine an annual
13registration fee increase for motor vehicles under this Section
14to take effect on July 1 of that calendar year and continue
15through June 30 of the next calendar year. Not later than June
161 of each year, that Department shall publish on its website
17the fee that will take effect on July 1 of that calendar year.
18The fee shall be equal to the product of the fee in effect
19multiplied by the transportation fee index factor determined
20under Section 2e of the Motor Fuel Tax Law. Each new fee shall
21be rounded to the nearest dollar and may not exceed 102.5% of
22the fee in effect on June 30 of the previous year.
23(Source: P.A. 96-1135, eff. 7-21-10.)
24 (625 ILCS 5/3-806) (from Ch. 95 1/2, par. 3-806)
25 Sec. 3-806. Registration Fees; Motor Vehicles of the First

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1Division. Every owner of any other motor vehicle of the first
2division, except as provided in Sections 3-804, 3-804.01,
33-804.3, 3-805, 3-806.3, 3-806.7, and 3-808, and every second
4division vehicle weighing 8,000 pounds or less, shall pay the
5Secretary of State an annual registration fee at the following
6rates:
7SCHEDULE OF REGISTRATION FEES
8REQUIRED BY LAW
9Beginning with the 2020 2010 registration year
10Annual Fee
11Motor vehicles of the first division other
12than Autocycles, Motorcycles, Motor
13Driven Cycles and Pedalcycles$148 $98
14
15Autocycles68
16
17Motorcycles, Motor Driven
18Cycles and Pedalcycles 38
19 A $1 surcharge shall be collected in addition to the above
20fees for motor vehicles of the first division, autocycles,
21motorcycles, motor driven cycles, and pedalcycles to be
22deposited into the State Police Vehicle Fund.
23 All of the proceeds of the additional fees imposed by
24Public Act 96-34 shall be deposited into the Capital Projects
25Fund.

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1 A $2 surcharge shall be collected in addition to the above
2fees for motor vehicles of the first division, autocycles,
3motorcycles, motor driven cycles, and pedalcycles to be
4deposited into the Park and Conservation Fund for the
5Department of Natural Resources to use for conservation
6efforts. The monies deposited into the Park and Conservation
7Fund under this Section shall not be subject to administrative
8charges or chargebacks unless otherwise authorized by this Act.
9 Of the additional fees imposed by this amendatory Act of
10the 101st General Assembly, $34 of the proceeds per fee
11collected shall be deposited into the Transit Capital Projects
12Fund.
13 For a motor vehicle of the first division other than an
14autocycle, motorcycle, motor driven cycle, or pedalcycle, by
15June 1, 2020 and by June 1 of each year thereafter, the
16Department of Revenue shall determine an annual registration
17fee increase to take effect on July 1 of that calendar year and
18continue through June 30 of the next calendar year. Not later
19than June 1 of each year, that Department shall publish on its
20website the fee that will take effect on July 1 of that
21calendar year. The fee shall be equal to the product of the fee
22in effect multiplied by the transportation fee index factor
23determined under Section 2e of the Motor Fuel Tax Law. Each new
24fee shall be rounded to the nearest dollar and may not exceed
25102.5% of the fee in effect on June 30 of the previous year.
26(Source: P.A. 97-412, eff. 1-1-12; 97-811, eff. 7-13-12;

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197-1136, eff. 1-1-13; 98-463, eff. 8-16-13; 98-777, eff.
21-1-15.)
3 (625 ILCS 5/3-815) (from Ch. 95 1/2, par. 3-815)
4 Sec. 3-815. Flat weight tax; vehicles of the second
5division.
6 (a) Except as provided in Section 3-806.3 and 3-804.3,
7every owner of a vehicle of the second division registered
8under Section 3-813, and not registered under the mileage
9weight tax under Section 3-818, shall pay to the Secretary of
10State, for each registration year, for the use of the public
11highways, a flat weight tax at the rates set forth in the
12following table, the rates including the $10 registration fee:
13
SCHEDULE OF FLAT WEIGHT TAX
14
REQUIRED BY LAW
15Gross Weight in Lbs.Total Fees
16Including Vehicle each Fiscal
17and Maximum LoadClass year
188,000 lbs. and lessB$148 $98
198,001 lbs. to 10,000 lbs. C 218 118
2010,001 lbs. to 12,000 lbs.D238 138
2112,001 lbs. to 16,000 lbs.F342 242
2216,001 lbs. to 26,000 lbs.H590 490
2326,001 lbs. to 28,000 lbs.J730 630
2428,001 lbs. to 32,000 lbs.K942 842
2532,001 lbs. to 36,000 lbs.L1,082 982

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136,001 lbs. to 40,000 lbs.N1,302 1,202
240,001 lbs. to 45,000 lbs.P1,490 1,390
345,001 lbs. to 50,000 lbs.Q1,638 1,538
450,001 lbs. to 54,999 lbs.R1,798 1,698
555,000 lbs. to 59,500 lbs.S1,930 1,830
659,501 lbs. to 64,000 lbs.T2,070 1,970
764,001 lbs. to 73,280 lbs.V2,394 2,294
873,281 lbs. to 77,000 lbs.X2,722 2,622
977,001 lbs. to 80,000 lbs.Z2,890 2,790
10 Beginning with the 2010 registration year a $1 surcharge
11shall be collected for vehicles registered in the 8,000 lbs.
12and less flat weight plate category above to be deposited into
13the State Police Vehicle Fund.
14 Beginning with the 2014 registration year, a $2 surcharge
15shall be collected in addition to the above fees for vehicles
16registered in the 8,000 lb. and less flat weight plate category
17as described in this subsection (a) to be deposited into the
18Park and Conservation Fund for the Department of Natural
19Resources to use for conservation efforts. The monies deposited
20into the Park and Conservation Fund under this Section shall
21not be subject to administrative charges or chargebacks unless
22otherwise authorized by this Act.
23 All of the proceeds of the additional fees imposed by
24Public Act 96-34 this amendatory Act of the 96th General
25Assembly shall be deposited into the Capital Projects Fund.
26 Of the additional taxes imposed by this amendatory Act of

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1the 101st General Assembly under this subsection, $34 of the
2proceeds per tax collected shall be deposited into the Transit
3Capital Projects Fund.
4 For vehicles subject to the flat weight tax collected under
5this subsection, by June 1, 2020 and by June 1 of each year
6thereafter, the Department of Revenue shall determine an annual
7registration rate increase to take effect on July 1 of that
8calendar year and continue through June 30 of the next calendar
9year. Not later than June 1 of each year, that Department shall
10publish on its website the rate that will take effect on July 1
11of that calendar year. The rate shall be equal to the product
12of the rate in effect multiplied by the transportation fee
13index factor determined under Section 2e of the Motor Fuel Tax
14Law. Each new rate shall be rounded to the nearest dollar and
15may not exceed 102.5% of the fee in effect on June 30 of the
16previous year.
17 (a-1) A Special Hauling Vehicle is a vehicle or combination
18of vehicles of the second division registered under Section
193-813 transporting asphalt or concrete in the plastic state or
20a vehicle or combination of vehicles that are subject to the
21gross weight limitations in subsection (a) of Section 15-111
22for which the owner of the vehicle or combination of vehicles
23has elected to pay, in addition to the registration fee in
24subsection (a), $125 to the Secretary of State for each
25registration year. The Secretary shall designate this class of
26vehicle as a Special Hauling Vehicle.

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1 (a-5) Beginning January 1, 2015, upon the request of the
2vehicle owner, a $10 surcharge shall be collected in addition
3to the above fees for vehicles in the 12,000 lbs. and less flat
4weight plate categories as described in subsection (a) to be
5deposited into the Secretary of State Special License Plate
6Fund. The $10 surcharge is to identify vehicles in the 12,000
7lbs. and less flat weight plate categories as a covered farm
8vehicle. The $10 surcharge is an annual, flat fee that shall be
9based on an applicant's new or existing registration year for
10each vehicle in the 12,000 lbs. and less flat weight plate
11categories. A designation as a covered farm vehicle under this
12subsection (a-5) shall not alter a vehicle's registration as a
13registration in the 12,000 lbs. or less flat weight category.
14The Secretary shall adopt any rules necessary to implement this
15subsection (a-5).
16 (a-10) Beginning January 1, 2019, upon the request of the
17vehicle owner, the Secretary of State shall collect a $10
18surcharge in addition to the fees for second division vehicles
19in the 8,000 lbs. and less flat weight plate category described
20in subsection (a) that are issued a registration plate under
21Article VI of this Chapter. The $10 surcharge shall be
22deposited into the Secretary of State Special License Plate
23Fund. The $10 surcharge is to identify a vehicle in the 8,000
24lbs. and less flat weight plate category as a covered farm
25vehicle. The $10 surcharge is an annual, flat fee that shall be
26based on an applicant's new or existing registration year for

10100HB3233sam001- 77 -LRB101 11081 TAE 60188 a
1each vehicle in the 8,000 lbs. and less flat weight plate
2category. A designation as a covered farm vehicle under this
3subsection (a-10) shall not alter a vehicle's registration in
4the 8,000 lbs. or less flat weight category. The Secretary
5shall adopt any rules necessary to implement this subsection
6(a-10).
7 (b) Except as provided in Section 3-806.3, every camping
8trailer, motor home, mini motor home, travel trailer, truck
9camper or van camper used primarily for recreational purposes,
10and not used commercially, nor for hire, nor owned by a
11commercial business, may be registered for each registration
12year upon the filing of a proper application and the payment of
13a registration fee and highway use tax, according to the
14following table of fees:
15
MOTOR HOME, MINI MOTOR HOME, TRUCK CAMPER OR VAN CAMPER
16Gross Weight in Lbs.Total Fees
17Including Vehicle andEach
18Maximum LoadCalendar Year
198,000 lbs and less$78
208,001 Lbs. to 10,000 Lbs90
2110,001 Lbs. and Over102
22
CAMPING TRAILER OR TRAVEL TRAILER
23Gross Weight in Lbs.Total Fees
24Including Vehicle andEach
25Maximum LoadCalendar Year
263,000 Lbs. and Less$18

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13,001 Lbs. to 8,000 Lbs.30
28,001 Lbs. to 10,000 Lbs.38
310,001 Lbs. and Over50
4 Every house trailer must be registered under Section 3-819.
5 (c) Farm Truck. Any truck used exclusively for the owner's
6own agricultural, horticultural or livestock raising
7operations and not-for-hire only, or any truck used only in the
8transportation for-hire of seasonal, fresh, perishable fruit
9or vegetables from farm to the point of first processing, may
10be registered by the owner under this paragraph in lieu of
11registration under paragraph (a), upon filing of a proper
12application and the payment of the $10 registration fee and the
13highway use tax herein specified as follows:
14
SCHEDULE OF FEES AND TAXES
15Gross Weight in Lbs.Total Amount for
16Including Truck andeach
17Maximum LoadClassFiscal Year
1816,000 lbs. or lessVF$250 $150
1916,001 to 20,000 lbs.VG326 226
2020,001 to 24,000 lbs.VH390 290
2124,001 to 28,000 lbs.VJ478 378
2228,001 to 32,000 lbs.VK606 506
2332,001 to 36,000 lbs.VL710 610
2436,001 to 45,000 lbs.VP910 810
2545,001 to 54,999 lbs.VR1,126 1,026
2655,000 to 64,000 lbs.VT1,302 1,202

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164,001 to 73,280 lbs.VV1,390 1,290
273,281 to 77,000 lbs.VX1,450 1,350
377,001 to 80,000 lbs.VZ1,590 1,490
4 For vehicles subject to the tax collected under this
5subsection, by June 1, 2020 and by June 1 of each year
6thereafter, the Department of Revenue shall determine an annual
7registration rate increase to take effect on July 1 of that
8calendar year and continue through June 30 of the next calendar
9year. Not later than June 1 of each year, that Department shall
10publish on its website the rate that will take effect on July 1
11of that calendar year. The rate shall be equal to the product
12of the rate in effect multiplied by the transportation fee
13index factor determined under Section 2e of the Motor Fuel Tax
14Law. Each new rate shall be rounded to the nearest dollar and
15may not exceed 102.5% of the fee in effect on June 30 of the
16previous year.
17 In the event the Secretary of State revokes a farm truck
18registration as authorized by law, the owner shall pay the flat
19weight tax due hereunder before operating such truck.
20 Any combination of vehicles having 5 axles, with a distance
21of 42 feet or less between extreme axles, that are subject to
22the weight limitations in subsection (a) of Section 15-111 for
23which the owner of the combination of vehicles has elected to
24pay, in addition to the registration fee in subsection (c),
25$125 to the Secretary of State for each registration year shall
26be designated by the Secretary as a Special Hauling Vehicle.

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1 (d) The number of axles necessary to carry the maximum load
2provided shall be determined from Chapter 15 of this Code.
3 (e) An owner may only apply for and receive 5 farm truck
4registrations, and only 2 of those 5 vehicles shall exceed
559,500 gross weight in pounds per vehicle.
6 (f) Every person convicted of violating this Section by
7failure to pay the appropriate flat weight tax to the Secretary
8of State as set forth in the above tables shall be punished as
9provided for in Section 3-401.
10(Source: P.A. 100-734, eff. 1-1-19; 100-956, eff. 1-1-19;
11revised 10-15-18.)
12 (625 ILCS 5/3-818) (from Ch. 95 1/2, par. 3-818)
13 Sec. 3-818. Mileage weight tax option.
14 (a) Any owner of a vehicle of the second division may elect
15to pay a mileage weight tax for such vehicle in lieu of the
16flat weight tax set out in Section 3-815. Such election shall
17be binding to the end of the registration year. Renewal of this
18election must be filed with the Secretary of State on or before
19July 1 of each registration period. In such event the owner
20shall, at the time of making such election, pay the $10
21registration fee and the minimum guaranteed mileage weight tax,
22as hereinafter provided, which payment shall permit the owner
23to operate that vehicle the maximum mileage in this State
24hereinafter set forth. Any vehicle being operated on mileage
25plates cannot be operated outside of this State. In addition

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1thereto, the owner of that vehicle shall pay a mileage weight
2tax at the following rates for each mile traveled in this State
3in excess of the maximum mileage provided under the minimum
4guaranteed basis:
5
BUS, TRUCK OR TRUCK TRACTOR
6MaximumMileage
7MinimumMileageWeight Tax
8GuaranteedPermittedfor Mileage
9Gross WeightMileageUnderin excess of
10Vehicle andWeightGuaranteedGuaranteed
11LoadClassTaxTaxMileage
1212,000 lbs. or lessMD$173 $735,00026 Mills
1312,001 to 16,000 lbs.MF220 1206,00034 Mills
1416,001 to 20,000 lbs.MG280 1806,00046 Mills
1520,001 to 24,000 lbs.MH335 2356,00063 Mills
1624,001 to 28,000 lbs.MJ415 3157,00063 Mills
1728,001 to 32,000 lbs.MK485 3857,00083 Mills
1832,001 to 36,000 lbs.ML585 4857,00099 Mills
1936,001 to 40,000 lbs.MN715 6157,000128 Mills
2040,001 to 45,000 lbs.MP795 6957,000139 Mills
2145,001 to 54,999 lbs.MR953 8537,000156 Mills
2255,000 to 59,500 lbs.MS1,020 9207,000178 Mills
2359,501 to 64,000 lbs.MT1,085 9857,000195 Mills
2464,001 to 73,280 lbs.MV1,273 1,1737,000225 Mills
2573,281 to 77,000 lbs.MX1,428 1,3287,000258 Mills
2677,001 to 80,000 lbs.MZ1,515 1,4157,000275 Mills

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1
TRAILER
2MaximumMileage
3MinimumMileageWeight Tax
4GuaranteedPermittedfor Mileage
5Gross WeightMileageUnderin excess of
6Vehicle andWeightGuaranteedGuaranteed
7LoadClassTaxTaxMileage
814,000 lbs. or lessME$175 $755,00031 Mills
914,001 to 20,000 lbs.MF235 1356,00036 Mills
1020,001 to 36,000 lbs.ML640 5407,000103 Mills
1136,001 to 40,000 lbs.MM850 7507,000150 Mills
12 For vehicles subject to the tax collected under this
13subsection, by June 1, 2020 and by June 1 of each year
14thereafter, the Department of Revenue shall determine an annual
15registration rate increase to take effect on July 1 of that
16calendar year and continue through June 30 of the next calendar
17year. Not later than June 1 of each year, that Department shall
18publish on its website the rate that will take effect on July 1
19of that calendar year. The rate shall be equal to the product
20of the rate in effect multiplied by the transportation fee
21index factor determined under Section 2e of the Motor Fuel Tax
22Law. Each new rate shall be rounded to the nearest dollar and
23may not exceed 102.5% of the fee in effect on June 30 of the
24previous year.
25 (a-1) A Special Hauling Vehicle is a vehicle or combination
26of vehicles of the second division registered under Section

10100HB3233sam001- 83 -LRB101 11081 TAE 60188 a
13-813 transporting asphalt or concrete in the plastic state or
2a vehicle or combination of vehicles that are subject to the
3gross weight limitations in subsection (a) of Section 15-111
4for which the owner of the vehicle or combination of vehicles
5has elected to pay, in addition to the registration fee in
6subsection (a), $125 to the Secretary of State for each
7registration year. The Secretary shall designate this class of
8vehicle as a Special Hauling Vehicle.
9 In preparing rate schedules on registration applications,
10the Secretary of State shall add to the above rates, the $10
11registration fee. The Secretary may decline to accept any
12renewal filed after July 1st.
13 The number of axles necessary to carry the maximum load
14provided shall be determined from Chapter 15 of this Code.
15 Every owner of a second division motor vehicle for which he
16has elected to pay a mileage weight tax shall keep a daily
17record upon forms prescribed by the Secretary of State, showing
18the mileage covered by that vehicle in this State. Such record
19shall contain the license number of the vehicle and the miles
20traveled by the vehicle in this State for each day of the
21calendar month. Such owner shall also maintain records of fuel
22consumed by each such motor vehicle and fuel purchases
23therefor. On or before the 10th day of July the owner shall
24certify to the Secretary of State upon forms prescribed
25therefor, summaries of his daily records which shall show the
26miles traveled by the vehicle in this State during the

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1preceding 12 months and such other information as the Secretary
2of State may require. The daily record and fuel records shall
3be filed, preserved and available for audit for a period of 3
4years. Any owner filing a return hereunder shall certify that
5such return is a true, correct and complete return. Any person
6who willfully makes a false return hereunder is guilty of
7perjury and shall be punished in the same manner and to the
8same extent as is provided therefor.
9 At the time of filing his return, each owner shall pay to
10the Secretary of State the proper amount of tax at the rate
11herein imposed.
12 Every owner of a vehicle of the second division who elects
13to pay on a mileage weight tax basis and who operates the
14vehicle within this State, shall file with the Secretary of
15State a bond in the amount of $500. The bond shall be in a form
16approved by the Secretary of State and with a surety company
17approved by the Illinois Department of Insurance to transact
18business in this State as surety, and shall be conditioned upon
19such applicant's paying to the State of Illinois all money
20becoming due by reason of the operation of the second division
21vehicle in this State, together with all penalties and interest
22thereon.
23 Upon notice from the Secretary that the registrant has
24failed to pay the excess mileage fees, the surety shall
25immediately pay the fees together with any penalties and
26interest thereon in an amount not to exceed the limits of the

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1bond.
2 (b) Beginning January 1, 2016, upon the request of the
3vehicle owner, a $10 surcharge shall be collected in addition
4to the above fees for vehicles in the 12,000 lbs. and less
5mileage weight plate category as described in subsection (a) to
6be deposited into the Secretary of State Special License Plate
7Fund. The $10 surcharge is to identify vehicles in the 12,000
8lbs. and less mileage weight plate category as a covered farm
9vehicle. The $10 surcharge is an annual flat fee that shall be
10based on an applicant's new or existing registration year for
11each vehicle in the 12,000 lbs. and less mileage weight plate
12category. A designation as a covered farm vehicle under this
13subsection (b) shall not alter a vehicle's registration as a
14registration in the 12,000 lbs. or less mileage weight
15category. The Secretary shall adopt any rules necessary to
16implement this subsection (b).
17(Source: P.A. 99-57, eff. 7-16-15; 99-642, eff. 7-28-16.)
18 (625 ILCS 5/3-819) (from Ch. 95 1/2, par. 3-819)
19 Sec. 3-819. Trailer; Flat weight tax.
20 (a) Farm Trailer. Any farm trailer drawn by a motor vehicle
21of the second division registered under paragraph (a) or (c) of
22Section 3-815 and used exclusively by the owner for his own
23agricultural, horticultural or livestock raising operations
24and not used for hire, or any farm trailer utilized only in the
25transportation for-hire of seasonal, fresh, perishable fruit

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1or vegetables from farm to the point of first processing, and
2any trailer used with a farm tractor that is not an implement
3of husbandry may be registered under this paragraph in lieu of
4registration under paragraph (b) of this Section upon the
5filing of a proper application and the payment of the $10
6registration fee and the highway use tax herein for use of the
7public highways of this State, at the following rates which
8include the $10 registration fee:
9SCHEDULE OF FEES AND TAXES
10Gross Weight in Lbs.ClassTotal Amount
11Including Vehicleeach
12and Maximum LoadFiscal Year
1310,000 lbs. or lessVDD $160 $60
1410,001 to 14,000 lbs.VDE206 106
1514,001 to 20,000 lbs.VDG266 166
1620,001 to 28,000 lbs.VDJ478 378
1728,001 to 36,000 lbs.VDL750 650
18 An owner may only apply for and receive two farm trailer
19registrations.
20 For vehicles subject to the tax collected under this
21subsection, by June 1, 2020 and by June 1 of each year
22thereafter, the Department of Revenue shall determine an annual
23registration rate increase to take effect on July 1 of that
24calendar year and continue through June 30 of the next calendar
25year. Not later than June 1 of each year, that Department shall
26publish on its website the rate that will take effect on July 1

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1of that calendar year. The rate shall be equal to the product
2of the rate in effect multiplied by the transportation fee
3index factor determined under Section 2e of the Motor Fuel Tax
4Law. Each new rate shall be rounded to the nearest dollar and
5may not exceed 102.5% of the fee in effect on June 30 of the
6previous year.
7 (b) All other owners of trailers, other than apportionable
8trailers registered under Section 3-402.1 of this Code, used
9with a motor vehicle on the public highways, shall pay to the
10Secretary of State for each registration year a flat weight
11tax, for the use of the public highways of this State, at the
12following rates (which includes the registration fee of $10
13required by Section 3-813):
14SCHEDULE OF TRAILER FLAT
15WEIGHT TAX REQUIRED
16BY LAW
17Gross Weight in Lbs.Total Fees
18Including Vehicle andeach
19Maximum LoadClassFiscal Year
203,000 lbs. and lessTA$118 $18
215,000 lbs. and more than 3,000TB154 54
228,000 lbs. and more than 5,000TC158 58
2310,000 lbs. and more than 8,000TD206 106
2414,000 lbs. and more than 10,000TE270 170
2520,000 lbs. and more than 14,000TG358 258
2632,000 lbs. and more than 20,000TK822 722

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136,000 lbs. and more than 32,000TL1,182 1,082
240,000 lbs. and more than 36,000TN1,602 1,502
3 For vehicles subject to the tax collected under this
4subsection, by June 1, 2020 and by June 1 of each year
5thereafter, the Department of Revenue shall determine an annual
6registration rate increase to take effect on July 1 of that
7calendar year and continue through June 30 of the next calendar
8year. Not later than June 1 of each year, that Department shall
9publish on its website the rate that will take effect on July 1
10of that calendar year. The rate shall be equal to the product
11of the rate in effect multiplied by the transportation fee
12index factor determined under Section 2e of the Motor Fuel Tax
13Law. Each new rate shall be rounded to the nearest dollar and
14may not exceed 102.5% of the fee in effect on June 30 of the
15previous year.
16 (c) The number of axles necessary to carry the maximum load
17provided shall be determined from Chapter 15 of this Code.
18(Source: P.A. 96-328, eff. 8-11-09.)
19 (625 ILCS 5/3-821) (from Ch. 95 1/2, par. 3-821)
20 Sec. 3-821. Miscellaneous registration and title fees.
21 (a) Except as provided under subsection (h), the fee to be
22paid to the Secretary of State for the following certificates,
23registrations or evidences of proper registration, or for
24corrected or duplicate documents shall be in accordance with
25the following schedule:

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1 Certificate of Title, except for an all-terrain
2vehicle or off-highway motorcycle$155 $95
3 Certificate of Title for an all-terrain vehicle
4or off-highway motorcycle$30
5 Certificate of Title for an all-terrain vehicle
6or off-highway motorcycle used for production
7agriculture, or accepted by a dealer in trade13
8 Certificate of Title for a low-speed vehicle30
9 Transfer of Registration or any evidence of
10proper registration $25
11 Duplicate Registration Card for plates or other
12evidence of proper registration3
13 Duplicate Registration Sticker or Stickers, each20
14 Duplicate Certificate of Title155 95
15 Corrected Registration Card or Card for other
16evidence of proper registration3
17 Corrected Certificate of Title155 95
18 Salvage Certificate4
19 Fleet Reciprocity Permit15
20 Prorate Decal1
21 Prorate Backing Plate3
22 Special Corrected Certificate of Title15
23 Expedited Title Service (to be charged in addition
24to other applicable fees)30
25 Dealer Lien Release Certificate of Title20
26 A special corrected certificate of title shall be issued

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1(i) to remove a co-owner's name due to the death of the
2co-owner, to transfer title to a spouse if the decedent-spouse
3was the sole owner on the title, or due to a divorce; (ii) to
4change a co-owner's name due to a marriage; or (iii) due to a
5name change under Article XXI of the Code of Civil Procedure.
6 There shall be no fee paid for a Junking Certificate.
7 There shall be no fee paid for a certificate of title
8issued to a county when the vehicle is forfeited to the county
9under Article 36 of the Criminal Code of 2012.
10 (a-5) The Secretary of State may revoke a certificate of
11title and registration card and issue a corrected certificate
12of title and registration card, at no fee to the vehicle owner
13or lienholder, if there is proof that the vehicle
14identification number is erroneously shown on the original
15certificate of title.
16 (a-10) The Secretary of State may issue, in connection with
17the sale of a motor vehicle, a corrected title to a motor
18vehicle dealer upon application and submittal of a lien release
19letter from the lienholder listed in the files of the
20Secretary. In the case of a title issued by another state, the
21dealer must submit proof from the state that issued the last
22title. The corrected title, which shall be known as a dealer
23lien release certificate of title, shall be issued in the name
24of the vehicle owner without the named lienholder. If the motor
25vehicle is currently titled in a state other than Illinois, the
26applicant must submit either (i) a letter from the current

10100HB3233sam001- 91 -LRB101 11081 TAE 60188 a
1lienholder releasing the lien and stating that the lienholder
2has possession of the title; or (ii) a letter from the current
3lienholder releasing the lien and a copy of the records of the
4department of motor vehicles for the state in which the vehicle
5is titled, showing that the vehicle is titled in the name of
6the applicant and that no liens are recorded other than the
7lien for which a release has been submitted. The fee for the
8dealer lien release certificate of title is $20.
9 (b) The Secretary may prescribe the maximum service charge
10to be imposed upon an applicant for renewal of a registration
11by any person authorized by law to receive and remit or
12transmit to the Secretary such renewal application and fees
13therewith.
14 (c) If payment is delivered to the Office of the Secretary
15of State as payment of any fee or tax under this Code, and such
16payment is not honored for any reason, the registrant or other
17person tendering the payment remains liable for the payment of
18such fee or tax. The Secretary of State may assess a service
19charge of $25 in addition to the fee or tax due and owing for
20all dishonored payments.
21 If the total amount then due and owing exceeds the sum of
22$100 and has not been paid in full within 60 days from the date
23the dishonored payment was first delivered to the Secretary of
24State, the Secretary of State shall assess a penalty of 25% of
25such amount remaining unpaid.
26 All amounts payable under this Section shall be computed to

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1the nearest dollar. Out of each fee collected for dishonored
2payments, $5 shall be deposited in the Secretary of State
3Special Services Fund.
4 (d) The minimum fee and tax to be paid by any applicant for
5apportionment of a fleet of vehicles under this Code shall be
6$15 if the application was filed on or before the date
7specified by the Secretary together with fees and taxes due. If
8an application and the fees or taxes due are filed after the
9date specified by the Secretary, the Secretary may prescribe
10the payment of interest at the rate of 1/2 of 1% per month or
11fraction thereof after such due date and a minimum of $8.
12 (e) Trucks, truck tractors, truck tractors with loads, and
13motor buses, any one of which having a combined total weight in
14excess of 12,000 lbs. shall file an application for a Fleet
15Reciprocity Permit issued by the Secretary of State. This
16permit shall be in the possession of any driver operating a
17vehicle on Illinois highways. Any foreign licensed vehicle of
18the second division operating at any time in Illinois without a
19Fleet Reciprocity Permit or other proper Illinois
20registration, shall subject the operator to the penalties
21provided in Section 3-834 of this Code. For the purposes of
22this Code, "Fleet Reciprocity Permit" means any second division
23motor vehicle with a foreign license and used only in
24interstate transportation of goods. The fee for such permit
25shall be $15 per fleet which shall include all vehicles of the
26fleet being registered.

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1 (f) For purposes of this Section, "all-terrain vehicle or
2off-highway motorcycle used for production agriculture" means
3any all-terrain vehicle or off-highway motorcycle used in the
4raising of or the propagation of livestock, crops for sale for
5human consumption, crops for livestock consumption, and
6production seed stock grown for the propagation of feed grains
7and the husbandry of animals or for the purpose of providing a
8food product, including the husbandry of blood stock as a main
9source of providing a food product. "All-terrain vehicle or
10off-highway motorcycle used in production agriculture" also
11means any all-terrain vehicle or off-highway motorcycle used in
12animal husbandry, floriculture, aquaculture, horticulture, and
13viticulture.
14 (g) All of the proceeds of the additional fees imposed by
15Public Act 96-34 shall be deposited into the Capital Projects
16Fund.
17 (h) The fee for a duplicate registration sticker or
18stickers shall be the amount required under subsection (a) or
19the vehicle's annual registration fee amount, whichever is
20less.
21(Source: P.A. 99-260, eff. 1-1-16; 99-607, eff. 7-22-16;
22100-956, eff. 1-1-19.)
23 (625 ILCS 5/6-118)
24 Sec. 6-118. Fees.
25 (a) The fees fee for licenses and permits under this

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1Article are is as follows:
2 Original driver's license..........................$60 $30
3 Original or renewal driver's license
4 issued to 18, 19 and 20 year olds................. 10 5
5 All driver's licenses for persons
6 age 69 through age 80............................. 10 5
7 All driver's licenses for persons
8 age 81 through age 86.............................. 2
9 All driver's licenses for persons
10 age 87 or older.....................................0
11 Renewal driver's license (except for
12 applicants ages 18, 19 and 20 or
13 age 69 and older)................................60 30
14 Original instruction permit issued to
15 persons (except those age 69 and older)
16 who do not hold or have not previously
17 held an Illinois instruction permit or
18 driver's license.................................. 20
19 Instruction permit issued to any person
20 holding an Illinois driver's license
21 who wishes a change in classifications,
22 other than at the time of renewal.................. 5
23 Any instruction permit issued to a person
24 age 69 and older................................... 5
25 Instruction permit issued to any person,
26 under age 69, not currently holding a

10100HB3233sam001- 95 -LRB101 11081 TAE 60188 a
1 valid Illinois driver's license or
2 instruction permit but who has
3 previously been issued either document
4 in Illinois....................................... 10
5 Restricted driving permit.............................. 8
6 Monitoring device driving permit...................... 8
7 Duplicate or corrected driver's license
8 or permit.......................................... 5
9 Duplicate or corrected restricted
10 driving permit..................................... 5
11 Duplicate or corrected monitoring
12 device driving permit.................................. 5
13 Duplicate driver's license or permit issued to
14 an active-duty member of the
15 United States Armed Forces,
16 the member's spouse, or
17 the dependent children living
18 with the member................................... 0
19 Original or renewal M or L endorsement................. 5
20SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE
21 The fees for commercial driver licenses and permits
22 under Article V shall be as follows:
23 Commercial driver's license:
24 $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund
25 (Commercial Driver's License Information
26 System/American Association of Motor Vehicle

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1 Administrators network/National Motor Vehicle
2 Title Information Service Trust Fund);
3 $20 for the Motor Carrier Safety Inspection Fund;
4 $10 for the driver's license;
5 and $24 for the CDL:............................. $60
6 Renewal commercial driver's license:
7 $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund;
8 $20 for the Motor Carrier Safety Inspection Fund;
9 $10 for the driver's license; and
10 $24 for the CDL:................................. $60
11 Commercial learner's permit
12 issued to any person holding a valid
13 Illinois driver's license for the
14 purpose of changing to a
15 CDL classification: $6 for the
16 CDLIS/AAMVAnet/NMVTIS Trust Fund;
17 $20 for the Motor Carrier
18 Safety Inspection Fund; and
19 $24 for the CDL classification................... $50
20 Commercial learner's permit
21 issued to any person holding a valid
22 Illinois CDL for the purpose of
23 making a change in a classification,
24 endorsement or restriction........................ $5
25 CDL duplicate or corrected license.................... $5
26 In order to ensure the proper implementation of the Uniform

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1Commercial Driver License Act, Article V of this Chapter, the
2Secretary of State is empowered to prorate pro-rate the $24 fee
3for the commercial driver's license proportionate to the
4expiration date of the applicant's Illinois driver's license.
5 The fee for any duplicate license or permit shall be waived
6for any person who presents the Secretary of State's office
7with a police report showing that his license or permit was
8stolen.
9 The fee for any duplicate license or permit shall be waived
10for any person age 60 or older whose driver's license or permit
11has been lost or stolen.
12 No additional fee shall be charged for a driver's license,
13or for a commercial driver's license, when issued to the holder
14of an instruction permit for the same classification or type of
15license who becomes eligible for such license.
16 The fee for a restricted driving permit under this
17subsection (a) shall be imposed annually until the expiration
18of the permit.
19 (a-5) The fee for a driver's record or data contained
20therein is $12.
21 (b) Any person whose license or privilege to operate a
22motor vehicle in this State has been suspended or revoked under
23Section 3-707, any provision of Chapter 6, Chapter 11, or
24Section 7-205, 7-303, or 7-702 of the Family Financial
25Responsibility Law of this Code, shall in addition to any other
26fees required by this Code, pay a reinstatement fee as follows:

10100HB3233sam001- 98 -LRB101 11081 TAE 60188 a
1 Suspension under Section 3-707..................... $100
2 Suspension under Section 11-1431....................$100
3 Summary suspension under Section 11-501.1...........$250
4 Suspension under Section 11-501.9...................$250
5 Summary revocation under Section 11-501.1............$500
6 Other suspension......................................$70
7 Revocation...........................................$500
8 However, any person whose license or privilege to operate a
9motor vehicle in this State has been suspended or revoked for a
10second or subsequent time for a violation of Section 11-501,
1111-501.1, or 11-501.9 of this Code or a similar provision of a
12local ordinance or a similar out-of-state offense or Section
139-3 of the Criminal Code of 1961 or the Criminal Code of 2012
14and each suspension or revocation was for a violation of
15Section 11-501, 11-501.1, or 11-501.9 of this Code or a similar
16provision of a local ordinance or a similar out-of-state
17offense or Section 9-3 of the Criminal Code of 1961 or the
18Criminal Code of 2012 shall pay, in addition to any other fees
19required by this Code, a reinstatement fee as follows:
20 Summary suspension under Section 11-501.1............$500
21 Suspension under Section 11-501.9...................$500
22 Summary revocation under Section 11-501.1............$500
23 Revocation...........................................$500
24 (c) All fees collected under the provisions of this Chapter
256 shall be disbursed under subsection (g) of Section 2-119 of
26this Code, except as follows:

10100HB3233sam001- 99 -LRB101 11081 TAE 60188 a
1 1. The following amounts shall be paid into the Drivers
2 Education Fund:
3 (A) $16 of the $20 fee for an original driver's
4 instruction permit;
5 (B) $5 of the $30 fee for an original driver's
6 license;
7 (C) $5 of the $30 fee for a 4 year renewal driver's
8 license;
9 (D) $4 of the $8 fee for a restricted driving
10 permit; and
11 (E) $4 of the $8 fee for a monitoring device
12 driving permit.
13 2. $30 of the $250 fee for reinstatement of a license
14 summarily suspended under Section 11-501.1 or suspended
15 under Section 11-501.9 shall be deposited into the Drunk
16 and Drugged Driving Prevention Fund. However, for a person
17 whose license or privilege to operate a motor vehicle in
18 this State has been suspended or revoked for a second or
19 subsequent time for a violation of Section 11-501,
20 11-501.1, or 11-501.9 of this Code or Section 9-3 of the
21 Criminal Code of 1961 or the Criminal Code of 2012, $190 of
22 the $500 fee for reinstatement of a license summarily
23 suspended under Section 11-501.1 or suspended under
24 Section 11-501.9, and $190 of the $500 fee for
25 reinstatement of a revoked license shall be deposited into
26 the Drunk and Drugged Driving Prevention Fund. $190 of the

10100HB3233sam001- 100 -LRB101 11081 TAE 60188 a
1 $500 fee for reinstatement of a license summarily revoked
2 pursuant to Section 11-501.1 shall be deposited into the
3 Drunk and Drugged Driving Prevention Fund.
4 3. $6 of the original or renewal fee for a commercial
5 driver's license and $6 of the commercial learner's permit
6 fee when the permit is issued to any person holding a valid
7 Illinois driver's license, shall be paid into the
8 CDLIS/AAMVAnet/NMVTIS Trust Fund.
9 4. $30 of the $70 fee for reinstatement of a license
10 suspended under the Family Financial Responsibility Law
11 shall be paid into the Family Responsibility Fund.
12 5. The $5 fee for each original or renewal M or L
13 endorsement shall be deposited into the Cycle Rider Safety
14 Training Fund.
15 6. $20 of any original or renewal fee for a commercial
16 driver's license or commercial learner's permit shall be
17 paid into the Motor Carrier Safety Inspection Fund.
18 7. The following amounts shall be paid into the General
19 Revenue Fund:
20 (A) $190 of the $250 reinstatement fee for a
21 summary suspension under Section 11-501.1 or a
22 suspension under Section 11-501.9;
23 (B) $40 of the $70 reinstatement fee for any other
24 suspension provided in subsection (b) of this Section;
25 and
26 (C) $440 of the $500 reinstatement fee for a first

10100HB3233sam001- 101 -LRB101 11081 TAE 60188 a
1 offense revocation and $310 of the $500 reinstatement
2 fee for a second or subsequent revocation.
3 8. Fees collected under paragraph (4) of subsection (d)
4 and subsection (h) of Section 6-205 of this Code;
5 subparagraph (C) of paragraph 3 of subsection (c) of
6 Section 6-206 of this Code; and paragraph (4) of subsection
7 (a) of Section 6-206.1 of this Code, shall be paid into the
8 funds set forth in those Sections.
9 (d) All of the proceeds of the additional fees imposed by
10this amendatory Act of the 96th General Assembly shall be
11deposited into the Capital Projects Fund.
12 (e) The additional fees imposed by this amendatory Act of
13the 96th General Assembly shall become effective 90 days after
14becoming law.
15 (f) As used in this Section, "active-duty member of the
16United States Armed Forces" means a member of the Armed
17Services or Reserve Forces of the United States or a member of
18the Illinois National Guard who is called to active duty
19pursuant to an executive order of the President of the United
20States, an act of the Congress of the United States, or an
21order of the Governor.
22 (g) The additional fees imposed under this Section by this
23amendatory Act of the 101st General Assembly take effect July
241, 2019.
25(Source: P.A. 99-127, eff. 1-1-16; 99-438, eff. 1-1-16; 99-642,
26eff. 7-28-16; 99-933, eff. 1-27-17; 100-590, eff. 6-8-18;

10100HB3233sam001- 102 -LRB101 11081 TAE 60188 a
1100-803, eff. 1-1-19; revised 10-24-18.)
2 (625 ILCS 5/20-101) (from Ch. 95 1/2, par. 20-101)
3 Sec. 20-101. Moneys derived from registration, operation
4and use of automobiles and from fuel taxes - Use. From and
5after the effective date of this Act, except as provided in
6Section 3-815.1 of this Code, no public moneys derived from
7fees, excises or license taxes relating to registration,
8operation and use of vehicles on public highways or to fuels
9used for the propulsion of such vehicles, shall be appropriated
10or expended other than for costs of administering the laws
11imposing such fees, excises and license taxes, statutory
12refunds and adjustments allowed thereunder, administrative
13costs of the Department of Transportation, payment of debts and
14liabilities incurred in construction and reconstruction of
15public highways and bridges, acquisition of rights-of-way for,
16and the cost of construction, reconstruction, maintenance,
17repair and operation of public highways and bridges under the
18direction and supervision of the State, political subdivision
19or municipality collecting such moneys, and the costs for
20patrolling and policing the public highways (by the State,
21political subdivision or municipality collecting such money)
22for enforcement of traffic laws; provided, that such moneys may
23be used for the retirement of and interest on bonds heretofore
24issued for purposes other than the construction of public
25highways or bridges but not to a greater extent, nor a greater

10100HB3233sam001- 103 -LRB101 11081 TAE 60188 a
1length of time, than is provided in acts heretofore adopted and
2now in force. Further the separation of grades of such highways
3with railroads and costs associated with protection of at-grade
4highway and railroad crossings shall also be permissible.
5(Source: P.A. 93-23, eff. 6-20-03.)
6 Section 3-50. The Criminal Code of 2012 is amended by
7adding Section 49-7 as follows:
8 (720 ILCS 5/49-7 new)
9 Sec. 49-7. Violation of civil rights.
10 (a) As used in this Section:
11 "Age", "disability", "military status", "national origin",
12"order of protection status", "pregnancy", "religion", "sex",
13"sexual orientation", "unfavorable military discharge", and
14"unlawful discrimination" have the meanings ascribed to them in
15Section 1-103 of the Illinois Human Rights Act.
16 "Employer", "employee", "employment agency", and "labor
17organization" have the meanings ascribed to them in Section
182-101 of the Illinois Human Rights Act.
19 "Operator", "place of public accommodation", and "public
20official" have the meanings ascribed to them in Section 5-101
21of the Illinois Human Rights Act.
22 "Public works" has the meaning ascribed to it in Section 2
23of the Prevailing Wage Act.
24 (b) A person commits violation of civil rights or when he

10100HB3233sam001- 104 -LRB101 11081 TAE 60188 a
1or she knowingly:
2 (1) denies to another the full and equal enjoyment of
3 the facilities and services of a place of public
4 accommodation because of unlawful discrimination;
5 (2) as the operator of a place of public accommodation,
6 directly or indirectly, publishes, circulates, displays,
7 mails, or emails a written or electronic communication,
8 except a private communication sent in response to a
9 specific inquiry, that he or she knows is to the effect
10 that a facility of the place of public accommodation will
11 be denied to a person because of unlawful discrimination or
12 that the patronage of a person is unwelcome, objectionable,
13 or unacceptable for the purpose of unlawful
14 discrimination;
15 (3) as a public official, refuses to employ, or
16 discriminates in the employment of, another for a public
17 contract or public works project because of unlawful
18 discrimination;
19 (4) as a public official, denies or refuses to a person
20 the full and equal enjoyment of the accommodations,
21 advantages, facilities, or privileges of his or her office
22 or services, or of property under his or her care because
23 of unlawful discrimination.
24 (5) as an employer, because of unlawful
25 discrimination, to refuse to hire, to segregate, or
26 otherwise to discriminate against that person with respect

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1 to: hiring, selection, and training for apprenticeship in a
2 trade or craft, tenure, terms, or conditions of employment;
3 (6) as an employment agency, fails or refuses to
4 classify property, accept applications, and register for
5 employment referral or apprenticeship referral, refer for
6 employment, refer for apprenticeship, or otherwise to
7 discriminate against an individual because of unlawful
8 discrimination, or accepts from a person a job order,
9 requisition, or request for referral of applicants for
10 employment or apprenticeship that makes, or has the effect
11 of making, unlawful discrimination a condition of
12 referral, except for a bona fide occupational
13 qualification;
14 (7) as a labor organization because of unlawful
15 discrimination, discriminates against that person, or
16 limits, segregates, or classifies its membership with
17 respect to that person, or limits that person's employment
18 opportunities, that person's selection and training for
19 apprenticeship in a trade or craft, or otherwise takes, or
20 fails to take, an action that affects adversely the
21 person's status as an employee or as an applicant for
22 employment or as an apprentice, or as an applicant for an
23 apprenticeship, or that person's wages, tenure, hours of
24 employment, or apprenticeship conditions;
25 (8) as an employer, employment agency, or labor
26 organization, discriminates against a person because he or

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1 she, reasonably and in good faith, has opposed a practice
2 forbidden in this Section, or because he or she, reasonably
3 and in good faith, has made a charge, testified, or
4 assisted in an investigation, proceeding, or hearing under
5 the Illinois Human Rights Act;
6 (9) as an employer, employment agency, or labor
7 organization, inquires on a written application whether a
8 job applicant has ever been arrested; or
9 (10) compels or coerces another person to engage in an
10 act declared by this Section to be unlawful discrimination.
11 (c) Nothing in this Section prohibits a person who is
12aggrieved by a violation of this Section to petition the
13Department of Human Rights for relief or for the Department of
14Human Rights to seek remedies under the Illinois Human Rights
15Act on behalf of a person claiming unlawful discrimination.
16 (d) Nothing in this Section shall be construed to impose
17criminal liability for actions that are exempt from civil
18liability under the Illinois Human Rights Act.
19 (e) A person who violates this Section is guilty of a Class
20B misdemeanor.
21 (625 ILCS 5/3-815.1 rep.)
22 Section 3-55. The Illinois Vehicle Code is amended by
23repealing Section 3-815.1.
24 Section 99. Effective date. This Act takes effect upon

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1becoming law.".
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