HB3667eng 95TH GENERAL ASSEMBLY

HB3667 Engrossed LRB095 06986 BDD 27105 b

AN ACT concerning transportation.

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

Section 5. The Illinois Vehicle Code is amended by changing Section 3-815.1 as follows:

(625 ILCS 5/3-815.1)

Sec. 3-815.1. Commercial distribution fee. Beginning July 1, 2003, in addition to any tax or fee imposed under this Code:

(a) Owners of vehicles Vehicles of the second division with a gross vehicle weight that exceeds 8,000 pounds and that incur any tax or fee under subsection (a) of Section 3-815 of this Code or subsection (a) of Section 3-818 of this Code, as applicable, shall pay to the Secretary of State a commercial distribution fee, for each registration year, for the use of the public highways, State infrastructure, and State services, in an amount equal to: (i) for a registration year beginning on or after July 1, 2003 and before July 1, 2005, 36% of the taxes and fees incurred under subsection (a) of Section 3-815 of this Code, or subsection (a) of Section 3-818 of this Code, as applicable, rounded up to the nearest whole dollar; (ii) for a registration year beginning on or after July 1, 2005 and before July 1, 2006, 21.5% of the taxes and fees incurred under subsection (a) of Section 3-815 of this Code, or subsection (a) of Section 3-818 of this Code, as applicable, rounded up to the nearest whole dollar; and (iii) for a registration year beginning on or after July 1, 2006, 14.35% of the taxes and fees incurred under subsection (a) of Section 3-815 of this Code, or subsection (a) of Section 3-818 of this Code, as applicable, rounded up to the nearest whole dollar.

(b) Until June 30, 2004, owners of vehicles of the second division with a gross vehicle weight of 8,000 pounds or less and that incur any tax or fee under subsection (a) of Section 3-815 of this Code or subsection (a) of Section 3-818 of this Code, as applicable, and have claimed the rolling stock exemption under the Retailers' Occupation Tax Act, Use Tax Act, Service Occupation Tax Act, or Service Use Tax Act shall pay to the Illinois Department of Revenue (or the Secretary of State under an intergovernmental agreement) a commercial distribution fee, for each registration year, for the use of the public highways, State infrastructure, and State services, in an amount equal to 36% of the taxes and fees incurred under subsection (a) of Section 3-815 of this Code or subsection (a) of Section 3-818 of this Code, as applicable, rounded up to the nearest whole dollar.

The fees paid under this Section shall be deposited by the Secretary of State into the General Revenue Fund.

Beginning January 1, 2008 and through December 31, 2013, for each registration year, the owner of a vehicle for which biodiesel has been purchased during the previous registration year is entitled to a reduction of the fees imposed under this Section for that vehicle. The amount of the reduction is:

(1) 50% of the fees imposed if the owner purchased $10,000 or more worth of biodiesel for the vehicle during the previous registration year;

(2) 25% of the fees imposed if the owner purchased $5,000 or more but less than $10,000 worth of biodiesel for the vehicle during the previous registration year; or

(3) 15% of the fees imposed if the owner purchased $2,500 or more but less than $5,000 worth of biodiesel for the vehicle during the previous registration year. For the purpose of this paragraph, "biodiesel" has the meaning set forth under Section 10 of the Illinois Renewable Fuels Development Program Act. The Secretary of State must adopt rules to administer this paragraph, including, without limitation, rules concerning application procedures and the documentation and other proof of biodiesel purchases.

(Source: P.A. 93-23, eff. 6-20-03; 93-1033, eff. 9-3-04.)

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