[ Search ] [ PDF text ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] |
92_HB3712sam001
SRS92HB3712AKcpam01
1 AMENDMENT TO HOUSE BILL 3712
2 AMENDMENT NO. . Amend House Bill 3712 by replacing
3 line 1 with the following:
4 "AN ACT concerning transportation."; and
5 on page 1, by replacing lines 8 and 9 with the following:
6 "Section 10. The Motor Fuel Tax Law is amended by
7 changing Section 8 as follows:
8 (35 ILCS 505/8) (from Ch. 120, par. 424)
9 Sec. 8. Except as provided in Section 8a, subdivision
10 (h)(1) of Section 12a, Section 13a.6, and items 13, 14, 15,
11 and 16 of Section 15, all money received by the Department
12 under this Act, including payments made to the Department by
13 member jurisdictions participating in the International Fuel
14 Tax Agreement, shall be deposited in a special fund in the
15 State treasury, to be known as the "Motor Fuel Tax Fund", and
16 shall be used as follows:
17 (a) 2 1/2 cents per gallon of the tax collected on
18 special fuel under paragraph (b) of Section 2 and Section 13a
19 of this Act shall be transferred to the State Construction
20 Account Fund in the State Treasury;
21 (b) $420,000 shall be transferred each month to the
-2- SRS92HB3712AKcpam01
1 State Boating Act Fund to be used by the Department of
2 Natural Resources for the purposes specified in Article X of
3 the Boat Registration and Safety Act;
4 (c) $2,250,000 shall be transferred each month to the
5 Grade Crossing Protection Fund to be used as follows: not
6 less than $6,000,000 each fiscal year shall be used for the
7 construction or reconstruction of rail highway grade
8 separation structures; beginning with fiscal year 1997 and
9 ending in fiscal year 2000, $1,500,000, and beginning with
10 fiscal year 2001 and ending in fiscal year 2003, $2,250,000,
11 and $750,000 in fiscal year 2004 and each fiscal year
12 thereafter, $2,250,000, shall be transferred to the
13 Transportation Regulatory Fund and shall be accounted for as
14 part of the rail carrier portion of such funds and shall be
15 used to pay the cost of administration of the Illinois
16 Commerce Commission's railroad safety program in connection
17 with its duties under subsection (3) of Section 18c-7401 of
18 the Illinois Vehicle Code, with the remainder to be used by
19 the Department of Transportation upon order of the Illinois
20 Commerce Commission, to pay that part of the cost apportioned
21 by such Commission to the State to cover the interest of the
22 public in the use of highways, roads, streets, or pedestrian
23 walkways in the county highway system, township and district
24 road system, or municipal street system as defined in the
25 Illinois Highway Code, as the same may from time to time be
26 amended, for separation of grades, for installation,
27 construction or reconstruction of crossing protection or
28 reconstruction, alteration, relocation including construction
29 or improvement of any existing highway necessary for access
30 to property or improvement of any grade crossing including
31 the necessary highway approaches thereto of any railroad
32 across the highway or public road, or for the installation,
33 construction, reconstruction, or maintenance of a pedestrian
34 walkway over or under a railroad right-of-way, as provided
-3- SRS92HB3712AKcpam01
1 for in and in accordance with Section 18c-7401 of the
2 Illinois Vehicle Code. The Commission shall not order more
3 than $2,000,000 per year in Grade Crossing Protection Fund
4 moneys for pedestrian walkways. In entering orders for
5 projects for which payments from the Grade Crossing
6 Protection Fund will be made, the Commission shall account
7 for expenditures authorized by the orders on a cash rather
8 than an accrual basis. For purposes of this requirement an
9 "accrual basis" assumes that the total cost of the project is
10 expended in the fiscal year in which the order is entered,
11 while a "cash basis" allocates the cost of the project among
12 fiscal years as expenditures are actually made. To meet the
13 requirements of this subsection, the Illinois Commerce
14 Commission shall develop annual and 5-year project plans of
15 rail crossing capital improvements that will be paid for with
16 moneys from the Grade Crossing Protection Fund. The annual
17 project plan shall identify projects for the succeeding
18 fiscal year and the 5-year project plan shall identify
19 projects for the 5 directly succeeding fiscal years. The
20 Commission shall submit the annual and 5-year project plans
21 for this Fund to the Governor, the President of the Senate,
22 the Senate Minority Leader, the Speaker of the House of
23 Representatives, and the Minority Leader of the House of
24 Representatives on the first Wednesday in April of each year;
25 (d) of the amount remaining after allocations provided
26 for in subsections (a), (b) and (c), a sufficient amount
27 shall be reserved to pay all of the following:
28 (1) the costs of the Department of Revenue in
29 administering this Act;
30 (2) the costs of the Department of Transportation
31 in performing its duties imposed by the Illinois Highway
32 Code for supervising the use of motor fuel tax funds
33 apportioned to municipalities, counties and road
34 districts;
-4- SRS92HB3712AKcpam01
1 (3) refunds provided for in Section 13 of this Act
2 and under the terms of the International Fuel Tax
3 Agreement referenced in Section 14a;
4 (4) from October 1, 1985 until June 30, 1994, the
5 administration of the Vehicle Emissions Inspection Law,
6 which amount shall be certified monthly by the
7 Environmental Protection Agency to the State Comptroller
8 and shall promptly be transferred by the State
9 Comptroller and Treasurer from the Motor Fuel Tax Fund to
10 the Vehicle Inspection Fund, and for the period July 1,
11 1994 through June 30, 2000, one-twelfth of $25,000,000
12 each month, and for the period July 1, 2000 through June
13 30, 2006, one-twelfth of $30,000,000 each month, for the
14 administration of the Vehicle Emissions Inspection Law of
15 1995, to be transferred by the State Comptroller and
16 Treasurer from the Motor Fuel Tax Fund into the Vehicle
17 Inspection Fund;
18 (5) amounts ordered paid by the Court of Claims;
19 and
20 (6) payment of motor fuel use taxes due to member
21 jurisdictions under the terms of the International Fuel
22 Tax Agreement. The Department shall certify these
23 amounts to the Comptroller by the 15th day of each month;
24 the Comptroller shall cause orders to be drawn for such
25 amounts, and the Treasurer shall administer those amounts
26 on or before the last day of each month;
27 (e) after allocations for the purposes set forth in
28 subsections (a), (b), (c) and (d), the remaining amount shall
29 be apportioned as follows:
30 (1) Until January 1, 2000, 58.4%, and beginning
31 January 1, 2000, 45.6% shall be deposited as follows:
32 (A) 37% into the State Construction Account
33 Fund, and
34 (B) 63% into the Road Fund, $1,250,000 of
-5- SRS92HB3712AKcpam01
1 which shall be reserved each month for the
2 Department of Transportation to be used in
3 accordance with the provisions of Sections 6-901
4 through 6-906 of the Illinois Highway Code;
5 (2) Until January 1, 2000, 41.6%, and beginning
6 January 1, 2000, 54.4% shall be transferred to the
7 Department of Transportation to be distributed as
8 follows:
9 (A) 49.10% to the municipalities of the State,
10 (B) 16.74% to the counties of the State having
11 1,000,000 or more inhabitants,
12 (C) 18.27% to the counties of the State having
13 less than 1,000,000 inhabitants,
14 (D) 15.89% to the road districts of the State.
15 As soon as may be after the first day of each month the
16 Department of Transportation shall allot to each municipality
17 its share of the amount apportioned to the several
18 municipalities which shall be in proportion to the population
19 of such municipalities as determined by the last preceding
20 municipal census if conducted by the Federal Government or
21 Federal census. If territory is annexed to any municipality
22 subsequent to the time of the last preceding census the
23 corporate authorities of such municipality may cause a census
24 to be taken of such annexed territory and the population so
25 ascertained for such territory shall be added to the
26 population of the municipality as determined by the last
27 preceding census for the purpose of determining the allotment
28 for that municipality. If the population of any municipality
29 was not determined by the last Federal census preceding any
30 apportionment, the apportionment to such municipality shall
31 be in accordance with any census taken by such municipality.
32 Any municipal census used in accordance with this Section
33 shall be certified to the Department of Transportation by the
34 clerk of such municipality, and the accuracy thereof shall be
-6- SRS92HB3712AKcpam01
1 subject to approval of the Department which may make such
2 corrections as it ascertains to be necessary.
3 As soon as may be after the first day of each month the
4 Department of Transportation shall allot to each county its
5 share of the amount apportioned to the several counties of
6 the State as herein provided. Each allotment to the several
7 counties having less than 1,000,000 inhabitants shall be in
8 proportion to the amount of motor vehicle license fees
9 received from the residents of such counties, respectively,
10 during the preceding calendar year. The Secretary of State
11 shall, on or before April 15 of each year, transmit to the
12 Department of Transportation a full and complete report
13 showing the amount of motor vehicle license fees received
14 from the residents of each county, respectively, during the
15 preceding calendar year. The Department of Transportation
16 shall, each month, use for allotment purposes the last such
17 report received from the Secretary of State.
18 As soon as may be after the first day of each month, the
19 Department of Transportation shall allot to the several
20 counties their share of the amount apportioned for the use of
21 road districts. The allotment shall be apportioned among the
22 several counties in the State in the proportion which the
23 total mileage of township or district roads in the respective
24 counties bears to the total mileage of all township and
25 district roads in the State. Funds allotted to the respective
26 counties for the use of road districts therein shall be
27 allocated to the several road districts in the county in the
28 proportion which the total mileage of such township or
29 district roads in the respective road districts bears to the
30 total mileage of all such township or district roads in the
31 county. After July 1 of any year, no allocation shall be
32 made for any road district unless it levied a tax for road
33 and bridge purposes in an amount which will require the
34 extension of such tax against the taxable property in any
-7- SRS92HB3712AKcpam01
1 such road district at a rate of not less than either .08% of
2 the value thereof, based upon the assessment for the year
3 immediately prior to the year in which such tax was levied
4 and as equalized by the Department of Revenue or, in DuPage
5 County, an amount equal to or greater than $12,000 per mile
6 of road under the jurisdiction of the road district,
7 whichever is less. If any road district has levied a special
8 tax for road purposes pursuant to Sections 6-601, 6-602 and
9 6-603 of the Illinois Highway Code, and such tax was levied
10 in an amount which would require extension at a rate of not
11 less than .08% of the value of the taxable property thereof,
12 as equalized or assessed by the Department of Revenue, or, in
13 DuPage County, an amount equal to or greater than $12,000 per
14 mile of road under the jurisdiction of the road district,
15 whichever is less, such levy shall, however, be deemed a
16 proper compliance with this Section and shall qualify such
17 road district for an allotment under this Section. If a
18 township has transferred to the road and bridge fund money
19 which, when added to the amount of any tax levy of the road
20 district would be the equivalent of a tax levy requiring
21 extension at a rate of at least .08%, or, in DuPage County,
22 an amount equal to or greater than $12,000 per mile of road
23 under the jurisdiction of the road district, whichever is
24 less, such transfer, together with any such tax levy, shall
25 be deemed a proper compliance with this Section and shall
26 qualify the road district for an allotment under this
27 Section.
28 In counties in which a property tax extension limitation
29 is imposed under the Property Tax Extension Limitation Law,
30 road districts may retain their entitlement to a motor fuel
31 tax allotment if, at the time the property tax extension
32 limitation was imposed, the road district was levying a road
33 and bridge tax at a rate sufficient to entitle it to a motor
34 fuel tax allotment and continues to levy the maximum
-8- SRS92HB3712AKcpam01
1 allowable amount after the imposition of the property tax
2 extension limitation. Any road district may in all
3 circumstances retain its entitlement to a motor fuel tax
4 allotment if it levied a road and bridge tax in an amount
5 that will require the extension of the tax against the
6 taxable property in the road district at a rate of not less
7 than 0.08% of the assessed value of the property, based upon
8 the assessment for the year immediately preceding the year in
9 which the tax was levied and as equalized by the Department
10 of Revenue or, in DuPage County, an amount equal to or
11 greater than $12,000 per mile of road under the jurisdiction
12 of the road district, whichever is less.
13 As used in this Section the term "road district" means
14 any road district, including a county unit road district,
15 provided for by the Illinois Highway Code; and the term
16 "township or district road" means any road in the township
17 and district road system as defined in the Illinois Highway
18 Code. For the purposes of this Section, "road district" also
19 includes park districts, forest preserve districts and
20 conservation districts organized under Illinois law and
21 "township or district road" also includes such roads as are
22 maintained by park districts, forest preserve districts and
23 conservation districts. The Department of Transportation
24 shall determine the mileage of all township and district
25 roads for the purposes of making allotments and allocations
26 of motor fuel tax funds for use in road districts.
27 Payment of motor fuel tax moneys to municipalities and
28 counties shall be made as soon as possible after the
29 allotment is made. The treasurer of the municipality or
30 county may invest these funds until their use is required and
31 the interest earned by these investments shall be limited to
32 the same uses as the principal funds.
33 (Source: P.A. 91-37, eff. 7-1-99; 91-59, eff. 6-30-99;
34 91-173, eff. 1-1-00; 91-357, eff. 7-29-99; 91-704, eff.
-9- SRS92HB3712AKcpam01
1 7-1-00; 91-725, eff. 6-2-00; 91-794, eff. 6-9-00; 92-16, eff.
2 6-28-01; 92-30, eff. 7-1-01.)
3 Section 15. The Illinois Vehicle Code is amended by
4 adding Section 3-653 and changing Section 18c-1503 as
5 follows:"; and
6 on page 2, below line 14, by inserting the following:
7 "(625 ILCS 5/18c-1503) (from Ch. 95 1/2, par. 18c-1503)
8 Sec. 18c-1503. Legislative Intent. It is the intent of
9 the Legislature that the exercise of powers under Sections
10 18c-1501 and 18c-1502 of this Chapter shall not diminish
11 revenues to the Commission, and that any surplus or deficit
12 of revenues in the Transportation Regulatory Fund, together
13 with any projected changes in the cost of administering and
14 enforcing this Chapter, should be considered in establishing
15 or adjusting fees and taxes in succeeding years. The
16 Commission shall administer fees and taxes under this Chapter
17 in such a manner as to insure that any surplus generated or
18 accumulated in the Transportation Regulatory Fund does not
19 exceed the surplus accumulated in the Motor Vehicle Fund
20 during fiscal year 1984, and shall adjust the level of such
21 fees and taxes to insure compliance with this provision.
22 (Source: P.A. 84-796.)".