Bill Text: IL HB0220 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the Motor Fuel Tax Law. Provides that no municipality, county, or road district that received motor fuel tax distributions totaling more than $100,000 in the previous State fiscal year shall receive a future distribution of motor fuel tax moneys unless that municipality, county, or road district implements a disadvantaged business enterprise program setting goals for the inclusion of minority, disadvantaged, and female-owned businesses in the procurement of contracts. Provides that those programs must be certified by the Department of Transportation and shall (i) cover both professional services and construction procurement and (ii) be substantially similar to the Department of Transportation's disadvantaged business enterprise program for the region in which the municipality, county, or road district is located. Amends the Department of Transportation Law of the Civil Administrative Code of Illinois. Provides that the Department shall assist municipalities, counties, and road districts in implementing those programs and shall submit certain information to those municipalities, counties, and road districts.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Introduced) 2017-03-31 - Rule 19(a) / Re-referred to Rules Committee [HB0220 Detail]

Download: Illinois-2017-HB0220-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB0220

Introduced , by Rep. Jehan Gordon-Booth

SYNOPSIS AS INTRODUCED:
20 ILCS 2705/2705-615 new
35 ILCS 505/8 from Ch. 120, par. 424

Amends the Motor Fuel Tax Law. Provides that no municipality, county, or road district that received motor fuel tax distributions totaling more than $100,000 in the previous State fiscal year shall receive a future distribution of motor fuel tax moneys unless that municipality, county, or road district implements a disadvantaged business enterprise program setting goals for the inclusion of minority, disadvantaged, and female-owned businesses in the procurement of contracts. Provides that those programs must be certified by the Department of Transportation and shall (i) cover both professional services and construction procurement and (ii) be substantially similar to the Department of Transportation's disadvantaged business enterprise program for the region in which the municipality, county, or road district is located. Amends the Department of Transportation Law of the Civil Administrative Code of Illinois. Provides that the Department shall assist municipalities, counties, and road districts in implementing those programs and shall submit certain information to those municipalities, counties, and road districts.
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FISCAL NOTE ACT MAY APPLY

A BILL FOR

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1 AN ACT concerning revenue.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 10. The Department of Transportation Law of the
5Civil Administrative Code of Illinois is amended by adding
6Section 2705-615 as follows:
7 (20 ILCS 2705/2705-615 new)
8 Sec. 2705-615. Local government disadvantaged business
9enterprise programs. The Department shall assist
10municipalities, counties, and road districts in implementing
11disadvantaged business enterprise programs as provided in
12Section 8 of the Motor Fuel Tax Law and shall designate a point
13of contact person for those purposes. In addition, the
14Department shall submit to each such municipality, county, and
15road district an estimate of appropriate subcontracting goals
16for available contractors based on the Department's data for
17existing State and federal programs.
18 Section 15. The Motor Fuel Tax Law is amended by changing
19Section 8 as follows:
20 (35 ILCS 505/8) (from Ch. 120, par. 424)
21 Sec. 8. Except as provided in Section 8a, subdivision

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1(h)(1) of Section 12a, Section 13a.6, and items 13, 14, 15, and
216 of Section 15, all money received by the Department under
3this Act, including payments made to the Department by member
4jurisdictions participating in the International Fuel Tax
5Agreement, shall be deposited in a special fund in the State
6treasury, to be known as the "Motor Fuel Tax Fund", and shall
7be used as follows:
8 (a) 2 1/2 cents per gallon of the tax collected on special
9fuel under paragraph (b) of Section 2 and Section 13a of this
10Act shall be transferred to the State Construction Account Fund
11in the State Treasury;
12 (b) $420,000 shall be transferred each month to the State
13Boating Act Fund to be used by the Department of Natural
14Resources for the purposes specified in Article X of the Boat
15Registration and Safety Act;
16 (c) $3,500,000 shall be transferred each month to the Grade
17Crossing Protection Fund to be used as follows: not less than
18$12,000,000 each fiscal year shall be used for the construction
19or reconstruction of rail highway grade separation structures;
20$2,250,000 in fiscal years 2004 through 2009 and $3,000,000 in
21fiscal year 2010 and each fiscal year thereafter shall be
22transferred to the Transportation Regulatory Fund and shall be
23accounted for as part of the rail carrier portion of such funds
24and shall be used to pay the cost of administration of the
25Illinois Commerce Commission's railroad safety program in
26connection with its duties under subsection (3) of Section

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118c-7401 of the Illinois Vehicle Code, with the remainder to be
2used by the Department of Transportation upon order of the
3Illinois Commerce Commission, to pay that part of the cost
4apportioned by such Commission to the State to cover the
5interest of the public in the use of highways, roads, streets,
6or pedestrian walkways in the county highway system, township
7and district road system, or municipal street system as defined
8in the Illinois Highway Code, as the same may from time to time
9be amended, for separation of grades, for installation,
10construction or reconstruction of crossing protection or
11reconstruction, alteration, relocation including construction
12or improvement of any existing highway necessary for access to
13property or improvement of any grade crossing and grade
14crossing surface including the necessary highway approaches
15thereto of any railroad across the highway or public road, or
16for the installation, construction, reconstruction, or
17maintenance of a pedestrian walkway over or under a railroad
18right-of-way, as provided for in and in accordance with Section
1918c-7401 of the Illinois Vehicle Code. The Commission may order
20up to $2,000,000 per year in Grade Crossing Protection Fund
21moneys for the improvement of grade crossing surfaces and up to
22$300,000 per year for the maintenance and renewal of 4-quadrant
23gate vehicle detection systems located at non-high speed rail
24grade crossings. The Commission shall not order more than
25$2,000,000 per year in Grade Crossing Protection Fund moneys
26for pedestrian walkways. In entering orders for projects for

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

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

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1 Treasurer from the Motor Fuel Tax Fund into the Vehicle
2 Inspection Fund;
3 (5) amounts ordered paid by the Court of Claims; and
4 (6) payment of motor fuel use taxes due to member
5 jurisdictions under the terms of the International Fuel Tax
6 Agreement. The Department shall certify these amounts to
7 the Comptroller by the 15th day of each month; the
8 Comptroller shall cause orders to be drawn for such
9 amounts, and the Treasurer shall administer those amounts
10 on or before the last day of each month;
11 (e) after allocations for the purposes set forth in
12subsections (a), (b), (c) and (d), the remaining amount shall
13be apportioned as follows:
14 (1) Until January 1, 2000, 58.4%, and beginning January
15 1, 2000, 45.6% shall be deposited as follows:
16 (A) 37% into the State Construction Account Fund,
17 and
18 (B) 63% into the Road Fund, $1,250,000 of which
19 shall be reserved each month for the Department of
20 Transportation to be used in accordance with the
21 provisions of Sections 6-901 through 6-906 of the
22 Illinois Highway Code;
23 (2) Until January 1, 2000, 41.6%, and beginning January
24 1, 2000, 54.4% shall be transferred to the Department of
25 Transportation to be distributed as follows:
26 (A) 49.10% to the municipalities of the State,

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1 (B) 16.74% to the counties of the State having
2 1,000,000 or more inhabitants,
3 (C) 18.27% to the counties of the State having less
4 than 1,000,000 inhabitants,
5 (D) 15.89% to the road districts of the State.
6 As soon as may be after the first day of each month the
7Department of Transportation shall allot to each municipality
8its share of the amount apportioned to the several
9municipalities which shall be in proportion to the population
10of such municipalities as determined by the last preceding
11municipal census if conducted by the Federal Government or
12Federal census. If territory is annexed to any municipality
13subsequent to the time of the last preceding census the
14corporate authorities of such municipality may cause a census
15to be taken of such annexed territory and the population so
16ascertained for such territory shall be added to the population
17of the municipality as determined by the last preceding census
18for the purpose of determining the allotment for that
19municipality. If the population of any municipality was not
20determined by the last Federal census preceding any
21apportionment, the apportionment to such municipality shall be
22in accordance with any census taken by such municipality. Any
23municipal census used in accordance with this Section shall be
24certified to the Department of Transportation by the clerk of
25such municipality, and the accuracy thereof shall be subject to
26approval of the Department which may make such corrections as

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

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

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1property in the road district at a rate that is less than the
2lesser of (i) 0.08% of the value of the taxable property in the
3road district, based upon the assessment for the year
4immediately prior to the year in which such tax was levied and
5as equalized by the Department of Revenue, or (ii) a rate that
6will yield an amount equal to $12,000 per mile of road under
7the jurisdiction of the road district, then the amount of the
8allocation for the road district shall be a percentage of the
9maximum allocation equal to the percentage obtained by dividing
10the rate extended by the district by the lesser of (i) 0.08% or
11(ii) the rate that will yield an amount equal to $12,000 per
12mile of road under the jurisdiction of the road district.
13 Notwithstanding any other provision of law, beginning on
14July 1, 2018, no municipality, county, or road district that
15received distributions under this subsection (e) totaling more
16than $100,000 in the previous State fiscal year shall receive
17any funds under this subsection (e) unless that municipality,
18county, or road district implements a disadvantaged business
19enterprise program setting goals for the inclusion of minority,
20disadvantaged, and female-owned businesses in the procurement
21of contracts. Those programs must be certified by the
22Department of Transportation and shall (i) cover both
23professional services and construction procurement and (ii) be
24substantially similar to the Department of Transportation's
25disadvantaged business enterprise program for the region in
26which the municipality, county, or road district is located. By

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1April 1, 2018, and by April 1 of each year thereafter, each
2such municipality, county, or road district shall submit a copy
3of its disadvantaged business enterprise program to the
4Department of Transportation for certification. The Department
5of Transportation's certification shall remain in effect from
6July 1 of that calendar year through June 30 of the next
7calendar year. The Department of Transportation may adopt rules
8concerning the certification of disadvantaged business
9enterprise programs.
10 Prior to 2011, if any road district has levied a special
11tax for road purposes pursuant to Sections 6-601, 6-602 and
126-603 of the Illinois Highway Code, and such tax was levied in
13an amount which would require extension at a rate of not less
14than .08% of the value of the taxable property thereof, as
15equalized or assessed by the Department of Revenue, or, in
16DuPage County, an amount equal to or greater than $12,000 per
17mile of road under the jurisdiction of the road district,
18whichever is less, such levy shall, however, be deemed a proper
19compliance with this Section and shall qualify such road
20district for an allotment under this Section. Beginning in 2011
21and thereafter, if any road district has levied a special tax
22for road purposes under Sections 6-601, 6-602, and 6-603 of the
23Illinois Highway Code, and the tax was levied in an amount that
24would require extension at a rate of not less than 0.08% of the
25value of the taxable property of that road district, as
26equalized or assessed by the Department of Revenue or, in

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1DuPage County, an amount equal to or greater than $12,000 per
2mile of road under the jurisdiction of the road district,
3whichever is less, that levy shall be deemed a proper
4compliance with this Section and shall qualify such road
5district for a full, rather than proportionate, allotment under
6this Section. If the levy for the special tax is less than
70.08% of the value of the taxable property, or, in DuPage
8County if the levy for the special tax is less than the lesser
9of (i) 0.08% or (ii) $12,000 per mile of road under the
10jurisdiction of the road district, and if the levy for the
11special tax is more than any other levy for road and bridge
12purposes, then the levy for the special tax qualifies the road
13district for a proportionate, rather than full, allotment under
14this Section. If the levy for the special tax is equal to or
15less than any other levy for road and bridge purposes, then any
16allotment under this Section shall be determined by the other
17levy for road and bridge purposes.
18 Prior to 2011, if a township has transferred to the road
19and bridge fund money which, when added to the amount of any
20tax levy of the road district would be the equivalent of a tax
21levy requiring extension at a rate of at least .08%, or, in
22DuPage County, an amount equal to or greater than $12,000 per
23mile of road under the jurisdiction of the road district,
24whichever is less, such transfer, together with any such tax
25levy, shall be deemed a proper compliance with this Section and
26shall qualify the road district for an allotment under this

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1Section.
2 In counties in which a property tax extension limitation is
3imposed under the Property Tax Extension Limitation Law, road
4districts may retain their entitlement to a motor fuel tax
5allotment or, beginning in 2011, their entitlement to a full
6allotment if, at the time the property tax extension limitation
7was imposed, the road district was levying a road and bridge
8tax at a rate sufficient to entitle it to a motor fuel tax
9allotment and continues to levy the maximum allowable amount
10after the imposition of the property tax extension limitation.
11Any road district may in all circumstances retain its
12entitlement to a motor fuel tax allotment or, beginning in
132011, its entitlement to a full allotment if it levied a road
14and bridge tax in an amount that will require the extension of
15the tax against the taxable property in the road district at a
16rate of not less than 0.08% of the assessed value of the
17property, based upon the assessment for the year immediately
18preceding the year in which the tax was levied and as equalized
19by the Department of Revenue or, in DuPage County, an amount
20equal to or greater than $12,000 per mile of road under the
21jurisdiction of the road district, whichever is less.
22 As used in this Section the term "road district" means any
23road district, including a county unit road district, provided
24for by the Illinois Highway Code; and the term "township or
25district road" means any road in the township and district road
26system as defined in the Illinois Highway Code. For the

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1purposes of this Section, "township or district road" also
2includes such roads as are maintained by park districts, forest
3preserve districts and conservation districts. The Department
4of Transportation shall determine the mileage of all township
5and district roads for the purposes of making allotments and
6allocations of motor fuel tax funds for use in road districts.
7 Payment of motor fuel tax moneys to municipalities and
8counties shall be made as soon as possible after the allotment
9is made. The treasurer of the municipality or county may invest
10these funds until their use is required and the interest earned
11by these investments shall be limited to the same uses as the
12principal funds.
13(Source: P.A. 97-72, eff. 7-1-11; 97-333, eff. 8-12-11; 98-24,
14eff. 6-19-13; 98-674, eff. 6-30-14.)
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