Illinois General Assembly - Full Text of SB2610
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Full Text of SB2610  100th General Assembly

SB2610sam001 100TH GENERAL ASSEMBLY

Sen. James F. Clayborne, Jr.

Filed: 4/24/2018

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2610

2    AMENDMENT NO. ______. Amend Senate Bill 2610 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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1subcontractors that participate in the Department's
2disadvantaged business enterprise program. This data shall be
3published as a public resource to affected municipalities,
4counties, and road districts but in no circumstance shall the
5Department be responsible or liable in any way for the
6implementation of a local business enterprise program.
 
7    Section 10. The Motor Fuel Tax Law is amended by changing
8Section 8 as follows:
 
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

 

 

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1Registration and Safety Act;
2    (c) $3,500,000 shall be transferred each month to the Grade
3Crossing Protection Fund to be used as follows: not less than
4$12,000,000 each fiscal year shall be used for the construction
5or reconstruction of rail highway grade separation structures;
6$2,250,000 in fiscal years 2004 through 2009 and $3,000,000 in
7fiscal year 2010 and each fiscal year thereafter shall be
8transferred to the Transportation Regulatory Fund and shall be
9accounted for as part of the rail carrier portion of such funds
10and shall be used to pay the cost of administration of the
11Illinois Commerce Commission's railroad safety program in
12connection with its duties under subsection (3) of Section
1318c-7401 of the Illinois Vehicle Code, with the remainder to be
14used by the Department of Transportation upon order of the
15Illinois Commerce Commission, to pay that part of the cost
16apportioned by such Commission to the State to cover the
17interest of the public in the use of highways, roads, streets,
18or pedestrian walkways in the county highway system, township
19and district road system, or municipal street system as defined
20in the Illinois Highway Code, as the same may from time to time
21be amended, for separation of grades, for installation,
22construction or reconstruction of crossing protection or
23reconstruction, alteration, relocation including construction
24or improvement of any existing highway necessary for access to
25property or improvement of any grade crossing and grade
26crossing surface including the necessary highway approaches

 

 

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1thereto of any railroad across the highway or public road, or
2for the installation, construction, reconstruction, or
3maintenance of a pedestrian walkway over or under a railroad
4right-of-way, as provided for in and in accordance with Section
518c-7401 of the Illinois Vehicle Code. The Commission may order
6up to $2,000,000 per year in Grade Crossing Protection Fund
7moneys for the improvement of grade crossing surfaces and up to
8$300,000 per year for the maintenance and renewal of 4-quadrant
9gate vehicle detection systems located at non-high speed rail
10grade crossings. The Commission shall not order more than
11$2,000,000 per year in Grade Crossing Protection Fund moneys
12for pedestrian walkways. In entering orders for projects for
13which payments from the Grade Crossing Protection Fund will be
14made, the Commission shall account for expenditures authorized
15by the orders on a cash rather than an accrual basis. For
16purposes of this requirement an "accrual basis" assumes that
17the total cost of the project is expended in the fiscal year in
18which the order is entered, while a "cash basis" allocates the
19cost of the project among fiscal years as expenditures are
20actually made. To meet the requirements of this subsection, the
21Illinois Commerce Commission shall develop annual and 5-year
22project plans of rail crossing capital improvements that will
23be paid for with moneys from the Grade Crossing Protection
24Fund. The annual project plan shall identify projects for the
25succeeding fiscal year and the 5-year project plan shall
26identify projects for the 5 directly succeeding fiscal years.

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1made for any road district if it levied a tax for road and
2bridge purposes. In counties other than DuPage County, if the
3amount of the tax levy requires the extension of the tax
4against the taxable property in the road district at a rate
5that is less than 0.08% of the value thereof, based upon the
6assessment for the year immediately prior to the year in which
7the tax was levied and as equalized by the Department of
8Revenue, then the amount of the allocation for that road
9district shall be a percentage of the maximum allocation equal
10to the percentage obtained by dividing the rate extended by the
11district by 0.08%. In DuPage County, if the amount of the tax
12levy requires the extension of the tax against the taxable
13property in the road district at a rate that is less than the
14lesser of (i) 0.08% of the value of the taxable property in the
15road district, based upon the assessment for the year
16immediately prior to the year in which such tax was levied and
17as equalized by the Department of Revenue, or (ii) a rate that
18will yield an amount equal to $12,000 per mile of road under
19the jurisdiction of the road district, then the amount of the
20allocation for the road district shall be a percentage of the
21maximum allocation equal to the percentage obtained by dividing
22the rate extended by the district by the lesser of (i) 0.08% or
23(ii) the rate that will yield an amount equal to $12,000 per
24mile of road under the jurisdiction of the road district.
25    Notwithstanding any other provision of law, beginning on
26July 1, 2018, no municipality, county, or road district that

 

 

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1received distributions under this subsection (e) totaling more
2than $1,000,000 in the previous State fiscal year shall receive
3any funds under this subsection (e) unless that municipality,
4county, or road district implements a business enterprise
5program setting goals for the inclusion of minority, veteran,
6and female-owned businesses in the procurement of contracts.
7Those programs shall (i) cover both professional services and
8construction procurement and (ii) be substantially similar to
9the State's business enterprise program for the region in which
10the municipality, county, or road district is located. The
11Department of Transportation shall prepare a list of all
12affected municipalities, counties, and road districts and
13shall publish the list on its website.
14    Prior to 2011, if any road district has levied a special
15tax for road purposes pursuant to Sections 6-601, 6-602 and
166-603 of the Illinois Highway Code, and such tax was levied in
17an amount which would require extension at a rate of not less
18than .08% of the value of the taxable property thereof, as
19equalized or assessed by the Department of Revenue, or, in
20DuPage County, an amount equal to or greater than $12,000 per
21mile of road under the jurisdiction of the road district,
22whichever is less, such levy shall, however, be deemed a proper
23compliance with this Section and shall qualify such road
24district for an allotment under this Section. Beginning in 2011
25and thereafter, if any road district has levied a special tax
26for road purposes under Sections 6-601, 6-602, and 6-603 of the

 

 

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1Illinois Highway Code, and the tax was levied in an amount that
2would require extension at a rate of not less than 0.08% of the
3value of the taxable property of that road district, as
4equalized or assessed by the Department of Revenue or, in
5DuPage County, an amount equal to or greater than $12,000 per
6mile of road under the jurisdiction of the road district,
7whichever is less, that levy shall be deemed a proper
8compliance with this Section and shall qualify such road
9district for a full, rather than proportionate, allotment under
10this Section. If the levy for the special tax is less than
110.08% of the value of the taxable property, or, in DuPage
12County if the levy for the special tax is less than the lesser
13of (i) 0.08% or (ii) $12,000 per mile of road under the
14jurisdiction of the road district, and if the levy for the
15special tax is more than any other levy for road and bridge
16purposes, then the levy for the special tax qualifies the road
17district for a proportionate, rather than full, allotment under
18this Section. If the levy for the special tax is equal to or
19less than any other levy for road and bridge purposes, then any
20allotment under this Section shall be determined by the other
21levy for road and bridge purposes.
22    Prior to 2011, if a township has transferred to the road
23and bridge fund money which, when added to the amount of any
24tax levy of the road district would be the equivalent of a tax
25levy requiring extension at a rate of at least .08%, or, in
26DuPage County, an amount equal to or greater than $12,000 per

 

 

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1mile of road under the jurisdiction of the road district,
2whichever is less, such transfer, together with any such tax
3levy, shall be deemed a proper compliance with this Section and
4shall qualify the road district for an allotment under this
5Section.
6    In counties in which a property tax extension limitation is
7imposed under the Property Tax Extension Limitation Law, road
8districts may retain their entitlement to a motor fuel tax
9allotment or, beginning in 2011, their entitlement to a full
10allotment if, at the time the property tax extension limitation
11was imposed, the road district was levying a road and bridge
12tax at a rate sufficient to entitle it to a motor fuel tax
13allotment and continues to levy the maximum allowable amount
14after the imposition of the property tax extension limitation.
15Any road district may in all circumstances retain its
16entitlement to a motor fuel tax allotment or, beginning in
172011, its entitlement to a full allotment if it levied a road
18and bridge tax in an amount that will require the extension of
19the tax against the taxable property in the road district at a
20rate of not less than 0.08% of the assessed value of the
21property, based upon the assessment for the year immediately
22preceding the year in which the tax was levied and as equalized
23by the Department of Revenue or, in DuPage County, an amount
24equal to or greater than $12,000 per mile of road under the
25jurisdiction of the road district, whichever is less.
26    As used in this Section the term "road district" means any

 

 

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1road district, including a county unit road district, provided
2for by the Illinois Highway Code; and the term "township or
3district road" means any road in the township and district road
4system as defined in the Illinois Highway Code. For the
5purposes of this Section, "township or district road" also
6includes such roads as are maintained by park districts, forest
7preserve districts and conservation districts. The Department
8of Transportation shall determine the mileage of all township
9and district roads for the purposes of making allotments and
10allocations of motor fuel tax funds for use in road districts.
11    Payment of motor fuel tax moneys to municipalities and
12counties shall be made as soon as possible after the allotment
13is made. The treasurer of the municipality or county may invest
14these funds until their use is required and the interest earned
15by these investments shall be limited to the same uses as the
16principal funds.
17(Source: P.A. 97-72, eff. 7-1-11; 97-333, eff. 8-12-11; 98-24,
18eff. 6-19-13; 98-674, eff. 6-30-14.)
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.".