Bill Text: IL SB2610 | 2017-2018 | 100th General Assembly | Engrossed


Bill Title: Amends the Motor Fuel Tax Law. Provides that no municipality, county, or road district that received distributions under this subsection (e) totaling more than $1,000,000 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 business enterprise program setting goals for the inclusion of minority, veteran, and female-owned businesses in the procurement of contracts. Amends the Department of Transportation Law of the Civil Administrative Code of Illinois. Provides that the Department of Transportation shall assist municipalities, counties, and road districts in implementing those programs. Effective immediately.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Engrossed) 2018-05-31 - Rule 19(a) / Re-referred to Rules Committee [SB2610 Detail]

Download: Illinois-2017-SB2610-Engrossed.html



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1 AN ACT concerning State government.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. 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. Business enterprise program data. The
9Department of Transportation shall publish on its website all
10relevant data in its possession for establishing regional goals
11for affected municipalities, counties, and road districts to
12implement business enterprise programs as provided in Section 8
13of the Motor Fuel Tax Law, including all studies and data
14collected and generated for the Department's calculation of
15goals for its disadvantaged business enterprise program and any
16disparity studies and lists of available contractors and
17subcontractors that participate in the Department's
18disadvantaged business enterprise program. This data shall be
19published as a public resource to affected municipalities,
20counties, and road districts but in no circumstance shall the
21Department be responsible in any way for the implementation of
22a local business enterprise program.

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1 Section 10. The Motor Fuel Tax Law is amended by changing
2Section 8 as follows:
3 (35 ILCS 505/8) (from Ch. 120, par. 424)
4 Sec. 8. Except as provided in Section 8a, subdivision
5(h)(1) of Section 12a, Section 13a.6, and items 13, 14, 15, and
616 of Section 15, all money received by the Department under
7this Act, including payments made to the Department by member
8jurisdictions participating in the International Fuel Tax
9Agreement, shall be deposited in a special fund in the State
10treasury, to be known as the "Motor Fuel Tax Fund", and shall
11be used as follows:
12 (a) 2 1/2 cents per gallon of the tax collected on special
13fuel under paragraph (b) of Section 2 and Section 13a of this
14Act shall be transferred to the State Construction Account Fund
15in the State Treasury;
16 (b) $420,000 shall be transferred each month to the State
17Boating Act Fund to be used by the Department of Natural
18Resources for the purposes specified in Article X of the Boat
19Registration and Safety Act;
20 (c) $3,500,000 shall be transferred each month to the Grade
21Crossing Protection Fund to be used as follows: not less than
22$12,000,000 each fiscal year shall be used for the construction
23or reconstruction of rail highway grade separation structures;
24$2,250,000 in fiscal years 2004 through 2009 and $3,000,000 in
25fiscal year 2010 and each fiscal year thereafter shall be

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1transferred to the Transportation Regulatory Fund and shall be
2accounted for as part of the rail carrier portion of such funds
3and shall be used to pay the cost of administration of the
4Illinois Commerce Commission's railroad safety program in
5connection with its duties under subsection (3) of Section
618c-7401 of the Illinois Vehicle Code, with the remainder to be
7used by the Department of Transportation upon order of the
8Illinois Commerce Commission, to pay that part of the cost
9apportioned by such Commission to the State to cover the
10interest of the public in the use of highways, roads, streets,
11or pedestrian walkways in the county highway system, township
12and district road system, or municipal street system as defined
13in the Illinois Highway Code, as the same may from time to time
14be amended, for separation of grades, for installation,
15construction or reconstruction of crossing protection or
16reconstruction, alteration, relocation including construction
17or improvement of any existing highway necessary for access to
18property or improvement of any grade crossing and grade
19crossing surface including the necessary highway approaches
20thereto of any railroad across the highway or public road, or
21for the installation, construction, reconstruction, or
22maintenance of a pedestrian walkway over or under a railroad
23right-of-way, as provided for in and in accordance with Section
2418c-7401 of the Illinois Vehicle Code. The Commission may order
25up to $2,000,000 per year in Grade Crossing Protection Fund
26moneys for the improvement of grade crossing surfaces and up to

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1$300,000 per year for the maintenance and renewal of 4-quadrant
2gate vehicle detection systems located at non-high speed rail
3grade crossings. The Commission shall not order more than
4$2,000,000 per year in Grade Crossing Protection Fund moneys
5for pedestrian walkways. In entering orders for projects for
6which payments from the Grade Crossing Protection Fund will be
7made, the Commission shall account for expenditures authorized
8by the orders on a cash rather than an accrual basis. For
9purposes of this requirement an "accrual basis" assumes that
10the total cost of the project is expended in the fiscal year in
11which the order is entered, while a "cash basis" allocates the
12cost of the project among fiscal years as expenditures are
13actually made. To meet the requirements of this subsection, the
14Illinois Commerce Commission shall develop annual and 5-year
15project plans of rail crossing capital improvements that will
16be paid for with moneys from the Grade Crossing Protection
17Fund. The annual project plan shall identify projects for the
18succeeding fiscal year and the 5-year project plan shall
19identify projects for the 5 directly succeeding fiscal years.
20The Commission shall submit the annual and 5-year project plans
21for this Fund to the Governor, the President of the Senate, the
22Senate Minority Leader, the Speaker of the House of
23Representatives, and the Minority Leader of the House of
24Representatives on the first Wednesday in April of each year;
25 (d) of the amount remaining after allocations provided for
26in subsections (a), (b) and (c), a sufficient amount shall be

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

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1 thereafter as may be practical, and $15,000,000 on July 1
2 and October 1, or as soon thereafter as may be practical,
3 during the period of July 1, 2013 through June 30, 2015,
4 for the administration of the Vehicle Emissions Inspection
5 Law of 2005, to be transferred by the State Comptroller and
6 Treasurer from the Motor Fuel Tax Fund into the Vehicle
7 Inspection Fund;
8 (5) amounts ordered paid by the Court of Claims; and
9 (6) payment of motor fuel use taxes due to member
10 jurisdictions under the terms of the International Fuel Tax
11 Agreement. The Department shall certify these amounts to
12 the Comptroller by the 15th day of each month; the
13 Comptroller shall cause orders to be drawn for such
14 amounts, and the Treasurer shall administer those amounts
15 on or before the last day of each month;
16 (e) after allocations for the purposes set forth in
17subsections (a), (b), (c) and (d), the remaining amount shall
18be apportioned as follows:
19 (1) Until January 1, 2000, 58.4%, and beginning January
20 1, 2000, 45.6% shall be deposited as follows:
21 (A) 37% into the State Construction Account Fund,
22 and
23 (B) 63% into the Road Fund, $1,250,000 of which
24 shall be reserved each month for the Department of
25 Transportation to be used in accordance with the
26 provisions of Sections 6-901 through 6-906 of the

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1 Illinois Highway Code;
2 (2) Until January 1, 2000, 41.6%, and beginning January
3 1, 2000, 54.4% shall be transferred to the Department of
4 Transportation to be distributed as follows:
5 (A) 49.10% to the municipalities of the State,
6 (B) 16.74% to the counties of the State having
7 1,000,000 or more inhabitants,
8 (C) 18.27% to the counties of the State having less
9 than 1,000,000 inhabitants,
10 (D) 15.89% to the road districts of the State.
11 As soon as may be after the first day of each month the
12Department of Transportation shall allot to each municipality
13its share of the amount apportioned to the several
14municipalities which shall be in proportion to the population
15of such municipalities as determined by the last preceding
16municipal census if conducted by the Federal Government or
17Federal census. If territory is annexed to any municipality
18subsequent to the time of the last preceding census the
19corporate authorities of such municipality may cause a census
20to be taken of such annexed territory and the population so
21ascertained for such territory shall be added to the population
22of the municipality as determined by the last preceding census
23for the purpose of determining the allotment for that
24municipality. If the population of any municipality was not
25determined by the last Federal census preceding any
26apportionment, the apportionment to such municipality shall be

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1in accordance with any census taken by such municipality. Any
2municipal census used in accordance with this Section shall be
3certified to the Department of Transportation by the clerk of
4such municipality, and the accuracy thereof shall be subject to
5approval of the Department which may make such corrections as
6it ascertains to be necessary.
7 As soon as may be after the first day of each month the
8Department of Transportation shall allot to each county its
9share of the amount apportioned to the several counties of the
10State as herein provided. Each allotment to the several
11counties having less than 1,000,000 inhabitants shall be in
12proportion to the amount of motor vehicle license fees received
13from the residents of such counties, respectively, during the
14preceding calendar year. The Secretary of State shall, on or
15before April 15 of each year, transmit to the Department of
16Transportation a full and complete report showing the amount of
17motor vehicle license fees received from the residents of each
18county, respectively, during the preceding calendar year. The
19Department of Transportation shall, each month, use for
20allotment purposes the last such report received from the
21Secretary of State.
22 As soon as may be after the first day of each month, the
23Department of Transportation shall allot to the several
24counties their share of the amount apportioned for the use of
25road districts. The allotment shall be apportioned among the
26several counties in the State in the proportion which the total

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

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

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1construction procurement and (ii) be substantially similar to
2the State's business enterprise program for the region in which
3the municipality, county, or road district is located. The
4Department of Transportation shall prepare a list of all
5affected municipalities, counties, and road districts and
6shall publish the list on its website.
7 Prior to 2011, if any road district has levied a special
8tax for road purposes pursuant to Sections 6-601, 6-602 and
96-603 of the Illinois Highway Code, and such tax was levied in
10an amount which would require extension at a rate of not less
11than .08% of the value of the taxable property thereof, as
12equalized or assessed by the Department of Revenue, or, in
13DuPage County, an amount equal to or greater than $12,000 per
14mile of road under the jurisdiction of the road district,
15whichever is less, such levy shall, however, be deemed a proper
16compliance with this Section and shall qualify such road
17district for an allotment under this Section. Beginning in 2011
18and thereafter, if any road district has levied a special tax
19for road purposes under Sections 6-601, 6-602, and 6-603 of the
20Illinois Highway Code, and the tax was levied in an amount that
21would require extension at a rate of not less than 0.08% of the
22value of the taxable property of that road district, as
23equalized or assessed by the Department of Revenue or, in
24DuPage County, an amount equal to or greater than $12,000 per
25mile of road under the jurisdiction of the road district,
26whichever is less, that levy shall be deemed a proper

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1compliance with this Section and shall qualify such road
2district for a full, rather than proportionate, allotment under
3this Section. If the levy for the special tax is less than
40.08% of the value of the taxable property, or, in DuPage
5County if the levy for the special tax is less than the lesser
6of (i) 0.08% or (ii) $12,000 per mile of road under the
7jurisdiction of the road district, and if the levy for the
8special tax is more than any other levy for road and bridge
9purposes, then the levy for the special tax qualifies the road
10district for a proportionate, rather than full, allotment under
11this Section. If the levy for the special tax is equal to or
12less than any other levy for road and bridge purposes, then any
13allotment under this Section shall be determined by the other
14levy for road and bridge purposes.
15 Prior to 2011, if a township has transferred to the road
16and bridge fund money which, when added to the amount of any
17tax levy of the road district would be the equivalent of a tax
18levy requiring extension at a rate of at least .08%, 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, such transfer, together with any such tax
22levy, shall be deemed a proper compliance with this Section and
23shall qualify the road district for an allotment under this
24Section.
25 In counties in which a property tax extension limitation is
26imposed under the Property Tax Extension Limitation Law, road

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1districts may retain their entitlement to a motor fuel tax
2allotment or, beginning in 2011, their entitlement to a full
3allotment if, at the time the property tax extension limitation
4was imposed, the road district was levying a road and bridge
5tax at a rate sufficient to entitle it to a motor fuel tax
6allotment and continues to levy the maximum allowable amount
7after the imposition of the property tax extension limitation.
8Any road district may in all circumstances retain its
9entitlement to a motor fuel tax allotment or, beginning in
102011, its entitlement to a full allotment if it levied a road
11and bridge tax in an amount that will require the extension of
12the tax against the taxable property in the road district at a
13rate of not less than 0.08% of the assessed value of the
14property, based upon the assessment for the year immediately
15preceding the year in which the tax was levied and as equalized
16by the Department of Revenue or, in DuPage County, an amount
17equal to or greater than $12,000 per mile of road under the
18jurisdiction of the road district, whichever is less.
19 As used in this Section the term "road district" means any
20road district, including a county unit road district, provided
21for by the Illinois Highway Code; and the term "township or
22district road" means any road in the township and district road
23system as defined in the Illinois Highway Code. For the
24purposes of this Section, "township or district road" also
25includes such roads as are maintained by park districts, forest
26preserve districts and conservation districts. The Department

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1of Transportation shall determine the mileage of all township
2and district roads for the purposes of making allotments and
3allocations of motor fuel tax funds for use in road districts.
4 Payment of motor fuel tax moneys to municipalities and
5counties shall be made as soon as possible after the allotment
6is made. The treasurer of the municipality or county may invest
7these funds until their use is required and the interest earned
8by these investments shall be limited to the same uses as the
9principal funds.
10(Source: P.A. 97-72, eff. 7-1-11; 97-333, eff. 8-12-11; 98-24,
11eff. 6-19-13; 98-674, eff. 6-30-14.)
12 Section 99. Effective date. This Act takes effect upon
13becoming law.
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