State of Illinois
91st General Assembly
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Public Act 91-0059

SB1086 Enrolled                               LRB9101116PTmbA

    AN ACT to amend  the  Motor  Fuel  Tax  Law  by  changing
Section 8.

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section 5.  The Motor Fuel Tax Law is amended by changing
Section 8 as follows:

    (35 ILCS 505/8) (from Ch. 120, par. 424)
    Sec. 8.  Except as provided  in  Section  8a,  all  money
received by the Department under this Act, including payments
made  to the Department by member jurisdictions participating
in the International Fuel Tax Agreement, shall  be  deposited
in  a  special fund in the State treasury, to be known as the
"Motor Fuel Tax Fund", and shall be used as follows:
    (a)  2 1/2 cents per  gallon  of  the  tax  collected  on
special fuel under paragraph (b) of Section 2 and Section 13a
of  this  Act  shall be transferred to the State Construction
Account Fund in the State Treasury;
    (b)  $420,000 shall be  transferred  each  month  to  the
State  Boating  Act  Fund  to  be  used  by the Department of
Natural Resources for the purposes specified in Article X  of
the Boat Registration and Safety Act;
    (c)  $1,500,000  shall  be  transferred each month to the
Grade Crossing Protection Fund to be  used  as  follows:  not
less  than  $6,000,000 each fiscal year shall be used for the
construction  or  reconstruction  of   rail   highway   grade
separation  structures;  beginning  with fiscal year 1997 and
ending in fiscal year 2003 1999, $1,500,000, and $750,000  in
fiscal  year  2004 2000 and each fiscal year thereafter shall
be transferred to  the  Transportation  Regulatory  Fund  and
shall be accounted for as part of the rail carrier portion of
such   funds   and   shall   be  used  to  pay  the  cost  of
administration of the Illinois Commerce Commission's railroad
safety program in connection with its duties under subsection
(3) of Section 18c-7401 of the Illinois  Vehicle  Code,  with
the  remainder to be used by the Department of Transportation
upon order of the Illinois Commerce Commission, to  pay  that
part  of the cost apportioned by such Commission to the State
to cover the interest of the public in the use  of  highways,
roads  or  streets in the county highway system, township and
district road system or municipal street system as defined in
the Illinois Highway Code, as the same may from time to  time
be  amended,  for  separation  of  grades,  for installation,
construction or  reconstruction  of  crossing  protection  or
reconstruction, alteration, relocation including construction
or  improvement  of any existing highway necessary for access
to property or improvement of any  grade  crossing  including
the  necessary  highway  approaches  thereto  of any railroad
across the highway or public road, as provided for in and  in
accordance  with  Section  18c-7401  of  the Illinois Vehicle
Code.  In entering orders for  projects  for  which  payments
from  the  Grade  Crossing  Protection Fund will be made, the
Commission shall account for expenditures authorized  by  the
orders  on a cash rather than an accrual basis.  For purposes
of this requirement an "accrual basis" assumes that the total
cost of the project is expended in the fiscal year  in  which
the order is entered, while a "cash basis" allocates the cost
of  the  project  among  fiscal  years  as  expenditures  are
actually  made.  To meet the requirements of this subsection,
the Illinois Commerce Commission  shall  develop  annual  and
5-year  project  plans  of rail crossing capital improvements
that will be paid for with moneys  from  the  Grade  Crossing
Protection  Fund.   The  annual  project  plan shall identify
projects for  the  succeeding  fiscal  year  and  the  5-year
project  plan  shall  identify  projects  for  the 5 directly
succeeding fiscal years.  The  Commission  shall  submit  the
annual  and  5-year  project  plans  for  this  Fund  to  the
Governor,  the  President  of the Senate, the Senate Minority
Leader, the Speaker of the House of Representatives, and  the
Minority  Leader of the House of Representatives on the first
Wednesday in April of each year;
    (d)  of the amount remaining after  allocations  provided
for  in  subsections  (a),  (b)  and (c), a sufficient amount
shall be reserved to pay all of the following:
         (1)  the costs  of  the  Department  of  Revenue  in
    administering this Act;
         (2)  the  costs  of the Department of Transportation
    in performing its duties imposed by the Illinois  Highway
    Code  for  supervising  the  use  of motor fuel tax funds
    apportioned  to   municipalities,   counties   and   road
    districts;
         (3)  refunds  provided for in Section 13 of this Act
    and  under  the  terms  of  the  International  Fuel  Tax
    Agreement referenced in Section 14a;
         (4)  from October 1, 1985 until June 30,  1994,  the
    administration  of  the Vehicle Emissions Inspection Law,
    which  amount  shall  be   certified   monthly   by   the
    Environmental  Protection Agency to the State Comptroller
    and  shall  promptly  be   transferred   by   the   State
    Comptroller and Treasurer from the Motor Fuel Tax Fund to
    the  Vehicle Inspection Fund, and beginning July 1, 1994,
    and until December 31, 2000, one-twelfth  of  $25,000,000
    each   month   for  the  administration  of  the  Vehicle
    Emissions Inspection Law of 1995, to  be  transferred  by
    the  State  Comptroller and Treasurer from the Motor Fuel
    Tax Fund into the Vehicle Inspection Fund;
         (5)  amounts ordered paid by the  Court  of  Claims;
    and
         (6)  payment  of  motor fuel use taxes due to member
    jurisdictions under the terms of the  International  Fuel
    Tax   Agreement.   The  Department  shall  certify  these
    amounts to the Comptroller by the 15th day of each month;
    the Comptroller shall cause orders to be drawn  for  such
    amounts, and the Treasurer shall administer those amounts
    on or before the last day of each month;
    (e)  after  allocations  for  the  purposes  set forth in
subsections (a), (b), (c) and (d), the remaining amount shall
be apportioned as follows:
         (1)  58.4% shall be deposited as follows:
              (A)  37% into the  State  Construction  Account
         Fund, and
              (B)  63%  into  the  Road  Fund,  $1,250,000 of
         which  shall  be  reserved  each   month   for   the
         Department   of   Transportation   to   be  used  in
         accordance with the  provisions  of  Sections  6-901
         through 6-906 of the Illinois Highway Code;
         (2)  41.6% shall be transferred to the Department of
    Transportation to be distributed as follows:
              (A)  49.10% to the municipalities of the State,
              (B)  16.74% to the counties of the State having
         1,000,000 or more inhabitants,
              (C)  18.27% to the counties of the State having
         less than 1,000,000 inhabitants,
              (D)  15.89% to the road districts of the State.
    As  soon  as may be after the first day of each month the
Department of Transportation shall allot to each municipality
its  share  of  the  amount  apportioned   to   the   several
municipalities which shall be in proportion to the population
of  such  municipalities  as determined by the last preceding
municipal census if conducted by the  Federal  Government  or
Federal  census.  If territory is annexed to any municipality
subsequent to the time  of  the  last  preceding  census  the
corporate authorities of such municipality may cause a census
to  be  taken of such annexed territory and the population so
ascertained  for  such  territory  shall  be  added  to   the
population  of  the  municipality  as  determined by the last
preceding census for the purpose of determining the allotment
for that municipality.  If the population of any municipality
was not determined by the last Federal census  preceding  any
apportionment,  the  apportionment to such municipality shall
be in accordance with any census taken by such  municipality.
Any  municipal  census  used  in accordance with this Section
shall be certified to the Department of Transportation by the
clerk of such municipality, and the accuracy thereof shall be
subject to approval of the Department  which  may  make  such
corrections as it ascertains to be necessary.
    As  soon  as may be after the first day of each month the
Department of Transportation shall allot to each  county  its
share  of  the  amount apportioned to the several counties of
the State as herein provided. Each allotment to  the  several
counties  having  less than 1,000,000 inhabitants shall be in
proportion to  the  amount  of  motor  vehicle  license  fees
received  from  the residents of such counties, respectively,
during the preceding calendar year. The  Secretary  of  State
shall,  on  or  before April 15 of each year, transmit to the
Department of  Transportation  a  full  and  complete  report
showing  the  amount  of  motor vehicle license fees received
from the residents of each county, respectively,  during  the
preceding  calendar  year.  The  Department of Transportation
shall, each month, use for allotment purposes the  last  such
report received from the Secretary of State.
    As  soon as may be after the first day of each month, the
Department of  Transportation  shall  allot  to  the  several
counties their share of the amount apportioned for the use of
road districts.  The allotment shall be apportioned among the
several  counties  in  the  State in the proportion which the
total mileage of township or district roads in the respective
counties bears to the  total  mileage  of  all  township  and
district roads in the State. Funds allotted to the respective
counties  for  the  use  of  road  districts therein shall be
allocated to the several road districts in the county in  the
proportion  which  the  total  mileage  of  such  township or
district roads in the respective road districts bears to  the
total  mileage  of all such township or district roads in the
county.  After July 1 of any year,  no  allocation  shall  be
made  for  any  road district unless it levied a tax for road
and bridge purposes in  an  amount  which  will  require  the
extension  of  such  tax  against the taxable property in any
such road district at a rate of not less than either .08%  of
the  value  thereof,  based  upon the assessment for the year
immediately prior to the year in which such  tax  was  levied
and  as  equalized by the Department of Revenue or, in DuPage
County, an amount equal to or greater than $12,000  per  mile
of   road  under  the  jurisdiction  of  the  road  district,
whichever is less.  If any road district has levied a special
tax for road purposes pursuant to Sections 6-601,  6-602  and
6-603  of  the Illinois Highway Code, and such tax was levied
in an amount which would require extension at a rate  of  not
less  than .08% of the value of the taxable property thereof,
as equalized or assessed by the Department of Revenue, or, in
DuPage County, an amount equal to or greater than $12,000 per
mile of road under the jurisdiction  of  the  road  district,
whichever  is  less,  such  levy  shall, however, be deemed a
proper compliance with this Section and  shall  qualify  such
road  district  for  an  allotment  under this Section.  If a
township has transferred to the road and  bridge  fund  money
which,  when  added to the amount of any tax levy of the road
district would be the equivalent  of  a  tax  levy  requiring
extension  at a rate of at least .08%,  or, in DuPage County,
an amount equal to or greater than $12,000 per mile  of  road
under  the  jurisdiction  of  the road district, whichever is
less, such transfer, together with any such tax  levy,  shall
be  deemed  a  proper  compliance with this Section and shall
qualify  the  road  district  for  an  allotment  under  this
Section.
    In counties in which a property tax extension  limitation
is  imposed  under the Property Tax Extension Limitation Law,
road districts may retain their entitlement to a  motor  fuel
tax  allotment  if,  at  the  time the property tax extension
limitation was imposed, the road district was levying a  road
and  bridge tax at a rate sufficient to entitle it to a motor
fuel  tax  allotment  and  continues  to  levy  the   maximum
allowable  amount  after  the  imposition of the property tax
extension  limitation.   Any  road  district   may   in   all
circumstances  retain  its  entitlement  to  a motor fuel tax
allotment if it levied a road and bridge  tax  in  an  amount
that  will  require  the  extension  of  the  tax against the
taxable property in the road district at a rate of  not  less
than  0.08% of the assessed value of the property, based upon
the assessment for the year immediately preceding the year in
which the tax was levied and as equalized by  the  Department
of  Revenue  or,  in  DuPage  County,  an  amount equal to or
greater than $12,000 per mile of road under the  jurisdiction
of the road district, whichever is less.
    As  used  in  this Section the term "road district" means
any road district, including a  county  unit  road  district,
provided  for  by  the  Illinois  Highway  Code; and the term
"township or district road" means any road  in  the  township
and  district  road system as defined in the Illinois Highway
Code.  For the purposes of this Section, "road district" also
includes  park  districts,  forest  preserve  districts   and
conservation  districts  organized  under  Illinois  law  and
"township  or  district road" also includes such roads as are
maintained by park districts, forest preserve  districts  and
conservation  districts.   The  Department  of Transportation
shall determine the mileage  of  all  township  and  district
roads  for  the purposes of making allotments and allocations
of motor fuel tax funds for use in road districts.
    Payment of motor fuel tax moneys  to  municipalities  and
counties  shall  be  made  as  soon  as  possible  after  the
allotment  is  made.   The  treasurer  of the municipality or
county may invest these funds until their use is required and
the interest earned by these investments shall be limited  to
the same uses as the principal funds.
(Source:  P.A.  89-167,  eff.  1-1-96;  89-445,  eff. 2-7-96;
89-699, eff. 1-16-97;  90-110,  eff.  7-14-97;  90-655,  eff.
7-30-98;  90-659,  eff.  1-1-99; 90-691, eff. 1-1-99; revised
9-16-98.)

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.

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