Bill Text: IL HB2943 | 2019-2020 | 101st General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Motor Fuel Tax Law. Provides that on and after July 1, 2019, the costs of the Environmental Protection Agency for the administration of the Vehicle Emissions Inspection Law of 2005 are to be paid from the Motor Fuel Tax Fund. Effective immediately.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2019-08-23 - Public Act . . . . . . . . . 101-0493 [HB2943 Detail]

Download: Illinois-2019-HB2943-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2943

Introduced , by Rep. William Davis

SYNOPSIS AS INTRODUCED:
35 ILCS 505/8 from Ch. 120, par. 424

Amends the Motor Fuel Tax Law. Provides that on and after July 1, 2019, the costs of the Environmental Protection Agency for the administration of the Vehicle Emissions Inspection Law of 2005 are to be paid from the Motor Fuel Tax Fund. Effective immediately.
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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 5. The Motor Fuel Tax Law is amended by changing
5Section 8 as follows:
6 (35 ILCS 505/8) (from Ch. 120, par. 424)
7 Sec. 8. Except as provided in Section 8a, subdivision
8(h)(1) of Section 12a, Section 13a.6, and items 13, 14, 15, and
916 of Section 15, all money received by the Department under
10this Act, including payments made to the Department by member
11jurisdictions participating in the International Fuel Tax
12Agreement, shall be deposited in a special fund in the State
13treasury, to be known as the "Motor Fuel Tax Fund", and shall
14be used as follows:
15 (a) 2 1/2 cents per gallon of the tax collected on special
16fuel under paragraph (b) of Section 2 and Section 13a of this
17Act shall be transferred to the State Construction Account Fund
18in the State Treasury;
19 (b) $420,000 shall be transferred each month to the State
20Boating Act Fund to be used by the Department of Natural
21Resources for the purposes specified in Article X of the Boat
22Registration and Safety Act;
23 (c) $3,500,000 shall be transferred each month to the Grade

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1Crossing Protection Fund to be used as follows: not less than
2$12,000,000 each fiscal year shall be used for the construction
3or reconstruction of rail highway grade separation structures;
4$2,250,000 in fiscal years 2004 through 2009 and $3,000,000 in
5fiscal year 2010 and each fiscal year thereafter shall be
6transferred to the Transportation Regulatory Fund and shall be
7accounted for as part of the rail carrier portion of such funds
8and shall be used to pay the cost of administration of the
9Illinois Commerce Commission's railroad safety program in
10connection with its duties under subsection (3) of Section
1118c-7401 of the Illinois Vehicle Code, with the remainder to be
12used by the Department of Transportation upon order of the
13Illinois Commerce Commission, to pay that part of the cost
14apportioned by such Commission to the State to cover the
15interest of the public in the use of highways, roads, streets,
16or pedestrian walkways in the county highway system, township
17and district road system, or municipal street system as defined
18in the Illinois Highway Code, as the same may from time to time
19be amended, for separation of grades, for installation,
20construction or reconstruction of crossing protection or
21reconstruction, alteration, relocation including construction
22or improvement of any existing highway necessary for access to
23property or improvement of any grade crossing and grade
24crossing surface including the necessary highway approaches
25thereto of any railroad across the highway or public road, or
26for the installation, construction, reconstruction, or

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1maintenance of a pedestrian walkway over or under a railroad
2right-of-way, as provided for in and in accordance with Section
318c-7401 of the Illinois Vehicle Code. The Commission may order
4up to $2,000,000 per year in Grade Crossing Protection Fund
5moneys for the improvement of grade crossing surfaces and up to
6$300,000 per year for the maintenance and renewal of 4-quadrant
7gate vehicle detection systems located at non-high speed rail
8grade crossings. The Commission shall not order more than
9$2,000,000 per year in Grade Crossing Protection Fund moneys
10for pedestrian walkways. In entering orders for projects for
11which payments from the Grade Crossing Protection Fund will be
12made, the Commission shall account for expenditures authorized
13by the orders on a cash rather than an accrual basis. For
14purposes of this requirement an "accrual basis" assumes that
15the total cost of the project is expended in the fiscal year in
16which the order is entered, while a "cash basis" allocates the
17cost of the project among fiscal years as expenditures are
18actually made. To meet the requirements of this subsection, the
19Illinois Commerce Commission shall develop annual and 5-year
20project plans of rail crossing capital improvements that will
21be paid for with moneys from the Grade Crossing Protection
22Fund. The annual project plan shall identify projects for the
23succeeding fiscal year and the 5-year project plan shall
24identify projects for the 5 directly succeeding fiscal years.
25The Commission shall submit the annual and 5-year project plans
26for this Fund to the Governor, the President of the Senate, the

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1Senate Minority Leader, the Speaker of the House of
2Representatives, and the Minority Leader of the House of
3Representatives on the first Wednesday in April of each year;
4 (d) of the amount remaining after allocations provided for
5in subsections (a), (b) and (c), a sufficient amount shall be
6reserved to pay all of the following:
7 (1) the costs of the Department of Revenue in
8 administering this Act;
9 (2) the costs of the Department of Transportation in
10 performing its duties imposed by the Illinois Highway Code
11 for supervising the use of motor fuel tax funds apportioned
12 to municipalities, counties and road districts;
13 (3) refunds provided for in Section 13, refunds for
14 overpayment of decal fees paid under Section 13a.4 of this
15 Act, and refunds provided for under the terms of the
16 International Fuel Tax Agreement referenced in Section
17 14a;
18 (4) from October 1, 1985 until June 30, 1994, the
19 administration of the Vehicle Emissions Inspection Law,
20 which amount shall be certified monthly by the
21 Environmental Protection Agency to the State Comptroller
22 and shall promptly be transferred by the State Comptroller
23 and Treasurer from the Motor Fuel Tax Fund to the Vehicle
24 Inspection Fund, and for the period July 1, 1994 through
25 June 30, 2000, one-twelfth of $25,000,000 each month, for
26 the period July 1, 2000 through June 30, 2003, one-twelfth

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1 of $30,000,000 each month, and $15,000,000 on July 1, 2003,
2 and $15,000,000 on January 1, 2004, and $15,000,000 on each
3 July 1 and October 1, or as soon thereafter as may be
4 practical, during the period July 1, 2004 through June 30,
5 2012, and $30,000,000 on June 1, 2013, or as soon
6 thereafter as may be practical, and $15,000,000 on July 1
7 and October 1, or as soon thereafter as may be practical,
8 during the period of July 1, 2013 through June 30, 2015,
9 for the administration of the Vehicle Emissions Inspection
10 Law of 2005, to be transferred by the State Comptroller and
11 Treasurer from the Motor Fuel Tax Fund into the Vehicle
12 Inspection Fund;
13 (4.5) beginning July 1, 2019, the costs of the
14 Environmental Protection Agency for the administration of
15 the Vehicle Emissions Inspection Law of 2005, to be paid
16 subject to appropriation from the Motor Fuel Tax Fund into
17 the Vehicle Inspection Fund;
18 (5) amounts ordered paid by the Court of Claims; and
19 (6) payment of motor fuel use taxes due to member
20 jurisdictions under the terms of the International Fuel Tax
21 Agreement. The Department shall certify these amounts to
22 the Comptroller by the 15th day of each month; the
23 Comptroller shall cause orders to be drawn for such
24 amounts, and the Treasurer shall administer those amounts
25 on or before the last day of each month;
26 (e) after allocations for the purposes set forth in

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1subsections (a), (b), (c) and (d), the remaining amount shall
2be apportioned as follows:
3 (1) Until January 1, 2000, 58.4%, and beginning January
4 1, 2000, 45.6% shall be deposited as follows:
5 (A) 37% into the State Construction Account Fund,
6 and
7 (B) 63% into the Road Fund, $1,250,000 of which
8 shall be reserved each month for the Department of
9 Transportation to be used in accordance with the
10 provisions of Sections 6-901 through 6-906 of the
11 Illinois Highway Code;
12 (2) Until January 1, 2000, 41.6%, and beginning January
13 1, 2000, 54.4% shall be transferred to the Department of
14 Transportation to be distributed as follows:
15 (A) 49.10% to the municipalities of the State,
16 (B) 16.74% to the counties of the State having
17 1,000,000 or more inhabitants,
18 (C) 18.27% to the counties of the State having less
19 than 1,000,000 inhabitants,
20 (D) 15.89% to the road districts of the State.
21 As soon as may be after the first day of each month the
22Department of Transportation shall allot to each municipality
23its share of the amount apportioned to the several
24municipalities which shall be in proportion to the population
25of such municipalities as determined by the last preceding
26municipal census if conducted by the Federal Government or

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

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1motor vehicle license fees received from the residents of each
2county, respectively, during the preceding calendar year. The
3Department of Transportation shall, each month, use for
4allotment purposes the last such report received from the
5Secretary of State.
6 As soon as may be after the first day of each month, the
7Department of Transportation shall allot to the several
8counties their share of the amount apportioned for the use of
9road districts. The allotment shall be apportioned among the
10several counties in the State in the proportion which the total
11mileage of township or district roads in the respective
12counties bears to the total mileage of all township and
13district roads in the State. Funds allotted to the respective
14counties for the use of road districts therein shall be
15allocated to the several road districts in the county in the
16proportion which the total mileage of such township or district
17roads in the respective road districts bears to the total
18mileage of all such township or district roads in the county.
19After July 1 of any year prior to 2011, no allocation shall be
20made for any road district unless it levied a tax for road and
21bridge purposes in an amount which will require the extension
22of such tax against the taxable property in any such road
23district at a rate of not less than either .08% of the value
24thereof, based upon the assessment for the year immediately
25prior to the year in which such tax was levied and as equalized
26by the Department of Revenue or, in DuPage County, an amount

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

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1mile of road under the jurisdiction of the road district.
2 Prior to 2011, if any road district has levied a special
3tax for road purposes pursuant to Sections 6-601, 6-602 and
46-603 of the Illinois Highway Code, and such tax was levied in
5an amount which would require extension at a rate of not less
6than .08% of the value of the taxable property thereof, as
7equalized or assessed by the Department of Revenue, or, in
8DuPage County, an amount equal to or greater than $12,000 per
9mile of road under the jurisdiction of the road district,
10whichever is less, such levy shall, however, be deemed a proper
11compliance with this Section and shall qualify such road
12district for an allotment under this Section. Beginning in 2011
13and thereafter, if any road district has levied a special tax
14for road purposes under Sections 6-601, 6-602, and 6-603 of the
15Illinois Highway Code, and the tax was levied in an amount that
16would require extension at a rate of not less than 0.08% of the
17value of the taxable property of that road district, as
18equalized or assessed by the Department of Revenue or, in
19DuPage County, an amount equal to or greater than $12,000 per
20mile of road under the jurisdiction of the road district,
21whichever is less, that levy shall be deemed a proper
22compliance with this Section and shall qualify such road
23district for a full, rather than proportionate, allotment under
24this Section. If the levy for the special tax is less than
250.08% of the value of the taxable property, or, in DuPage
26County if the levy for the special tax is less than the lesser

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1of (i) 0.08% or (ii) $12,000 per mile of road under the
2jurisdiction of the road district, and if the levy for the
3special tax is more than any other levy for road and bridge
4purposes, then the levy for the special tax qualifies the road
5district for a proportionate, rather than full, allotment under
6this Section. If the levy for the special tax is equal to or
7less than any other levy for road and bridge purposes, then any
8allotment under this Section shall be determined by the other
9levy for road and bridge purposes.
10 Prior to 2011, if a township has transferred to the road
11and bridge fund money which, when added to the amount of any
12tax levy of the road district would be the equivalent of a tax
13levy requiring extension at a rate of at least .08%, or, in
14DuPage County, an amount equal to or greater than $12,000 per
15mile of road under the jurisdiction of the road district,
16whichever is less, such transfer, together with any such tax
17levy, shall be deemed a proper compliance with this Section and
18shall qualify the road district for an allotment under this
19Section.
20 In counties in which a property tax extension limitation is
21imposed under the Property Tax Extension Limitation Law, road
22districts may retain their entitlement to a motor fuel tax
23allotment or, beginning in 2011, their entitlement to a full
24allotment if, at the time the property tax extension limitation
25was imposed, the road district was levying a road and bridge
26tax at a rate sufficient to entitle it to a motor fuel tax

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1allotment and continues to levy the maximum allowable amount
2after the imposition of the property tax extension limitation.
3Any road district may in all circumstances retain its
4entitlement to a motor fuel tax allotment or, beginning in
52011, its entitlement to a full allotment if it levied a road
6and bridge tax in an amount that will require the extension of
7the tax against the taxable property in the road district at a
8rate of not less than 0.08% of the assessed value of the
9property, based upon the assessment for the year immediately
10preceding the year in which the 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.
14 As used in this Section the term "road district" means any
15road district, including a county unit road district, provided
16for by the Illinois Highway Code; and the term "township or
17district road" means any road in the township and district road
18system as defined in the Illinois Highway Code. For the
19purposes of this Section, "township or district road" also
20includes such roads as are maintained by park districts, forest
21preserve districts and conservation districts. The Department
22of Transportation shall determine the mileage of all township
23and district roads for the purposes of making allotments and
24allocations of motor fuel tax funds for use in road districts.
25 Payment of motor fuel tax moneys to municipalities and
26counties shall be made as soon as possible after the allotment

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1is made. The treasurer of the municipality or county may invest
2these funds until their use is required and the interest earned
3by these investments shall be limited to the same uses as the
4principal funds.
5(Source: P.A. 97-72, eff. 7-1-11; 97-333, eff. 8-12-11; 98-24,
6eff. 6-19-13; 98-674, eff. 6-30-14.)
7 Section 99. Effective date. This Act takes effect upon
8becoming law.
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