Illinois General Assembly - Full Text of HB1291

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB1291

Introduced 1/28/2025, by Rep. Dave Vella

SYNOPSIS AS INTRODUCED:

New Act

Creates the Electric Vehicle Motor Fuel Tax Replacement Fee Act. Provides that, for State fiscal years beginning on or after July 1, 2025, each person that is an owner of an electric vehicle registered with the Secretary of State as of July 1 of that fiscal year shall pay an annual fee for each electric vehicle owned by that person. Sets forth the amount of the fee. Requires the Secretary of State and the Department of Transportation to certify certain information to the Department of Revenue for the purpose of calculating the amount of the fee. Effective immediately.

A BILL FOR

AN ACT concerning revenue.

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

Section 1. Short title. This Act may be cited as the Electric Vehicle Motor Fuel Tax Replacement Fee Act.

Section 5. Definitions. As used in this Act:

"Electric vehicle" has the meaning given to that term in Section 3-805 of the Illinois Vehicle Code.

"Motor vehicle" means (i) a motor vehicle of the first division or (ii) a motor vehicle of the second division weighing 8,000 pounds or less. "Motor vehicle" does not include an autocycle, motorcycle, motor driven cycle, or pedalcycle.

"Person" means any individual, corporation, partnership, firm, organization, or association.

Section 10. Fee imposed. Notwithstanding any other provision of law, for State fiscal years beginning on or after July 1, 2025, each person that is an owner of an electric vehicle registered with the Secretary of State as of July 1 of that fiscal year shall pay an annual fee for each electric vehicle owned by that person. The amount of the fee shall be the amount generated by multiplying the amount certified by the Department of Transportation under Section 15 by the electric vehicle percentage certified by the Secretary of State under Section 20 and then dividing that number by the total number of registered electric vehicles in the State, as certified by the Secretary of State under Section 20.

Section 15. Infrastructure amount. On or before the first day of each State fiscal year that begins on or after July 1, 2025, the Department of Transportation shall certify to the Department of Revenue the total amount that the Department of Transportation has budgeted for that State fiscal year for infrastructure improvements and maintenance of roads, highways, and bridges.

Section 20. Secretary of State; electric vehicle information. On or before August 1 of each State fiscal year that begins on or after July 1, 2025, the Secretary of State shall certify to the Department of Revenue (i) the percentage of all motor vehicles registered with the State on July 1 of the fiscal year that are electric vehicles and (ii) the total number of electric vehicles that are registered with the State on July 1 of the fiscal year. The Secretary of State shall also provide to the Department of Revenue the registration address associated with each electric vehicle that is subject to the fee under this Act.

Section 25. Publication of the fee amount. The Department of Revenue shall publish the amount of the fee imposed under this Act on its website no later than September 1 of each fiscal year.

Section 30. Payment; proceeds deposited into Road Fund. The Department of Revenue shall, on or before October 1 of each year, notify each person who is liable for payment of the fee under this Act of that person's obligation to pay the fee. Payment shall be made, in the form and manner required by the Department by rule, no later than November 15 of the applicable State fiscal year.

The proceeds collected from the fee imposed under this Act shall be deposited into the Road Fund.

Section 35. Incorporation of provisions. The provisions of Sections 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i and 5j, 6, 6a, 6b, 6c (except to the extent that the time limitations for requesting an administrative hearing, the minimum notice requirement for hearings, and the provisions regarding penalties and interest are inconsistent with this Act), 8, 9, 10 and 12 of the Retailers' Occupation Tax Act which are not inconsistent with this Act, and Section 3-7 of the Uniform Penalty and Interest Act, shall apply as far as practicable to the subject matter of this Act to the same extent as if those provisions were included in this Act.

Section 40. Rules. This Department of Revenue, in consultation with the Secretary of State and the Department of Transportation, shall adopt rules for the administration and enforcement of this Act.

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