Rep. Michael J. Zalewski

Filed: 4/9/2019

 

 


 

 


 
10100HB0102ham002LRB101 02984 TAE 59489 a

1
AMENDMENT TO HOUSE BILL 102

2    AMENDMENT NO. ______. Amend House Bill 102, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Illinois Municipal Code is amended by
6adding Section 8-11-2.3 as follows:
 
7    (65 ILCS 5/8-11-2.3 new)
8    Sec. 8-11-2.3. Motor fuel tax. Notwithstanding any other
9provision of law, in addition to any other tax that may be
10imposed, if a municipality adopts a responsible bid ordinance
11that is approved by the Department of Transportation, then the
12municipality may also impose, by ordinance, a tax on motor fuel
13at a rate not to exceed $0.03 per gallon. To be approved by the
14Department pursuant to this Section, any responsible bid
15ordinance must, at a minimum, require that bidders present
16satisfactory evidence of compliance with the following:

 

 

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1        (1) The bidder must comply with all applicable laws
2    concerning the bidder's entitlement to conduct business in
3    Illinois.
4        (2) The bidder must comply with all applicable
5    provisions of the Prevailing Wage Act.
6        (3) The bidder must comply with Subchapter VI ("Equal
7    Employment Opportunities") of Chapter 21 of Title 42 of the
8    United States Code (42 U.S.C. 2000e and following) and with
9    Federal Executive Order No. 11246 as amended by Executive
10    Order No. 11375.
11        (4) The bidder must have a valid Federal Employer
12    Identification Number or, if an individual, a valid Social
13    Security Number.
14        (5) The bidder must have a valid certificate of
15    insurance showing the following coverages: general
16    liability, professional liability, product liability,
17    workers' compensation, completed operations, hazardous
18    occupation, and automobile.
19        (6) The bidder and all bidder's subcontractors must
20    participate in applicable apprenticeship and training
21    programs approved by and registered with the United States
22    Department of Labor's Bureau of Apprenticeship and
23    Training.
24        (7) The bidder must certify that the bidder will
25    maintain an Illinois office as the primary place of
26    employment for persons employed in the construction

 

 

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1    authorized by the contract.
2    Upon approval, the Department of Transportation shall
3certify the responsible bid ordinance to the Department of
4Revenue. The Department of Revenue shall administer and enforce
5the motor fuel tax on and after the first day of January next
6following the adoption of the motor fuel tax ordinance. The
7Department of Revenue shall adopt rules for the implementation
8and administration of the motor fuel tax.
9    A license that is issued to a distributor or a receiver
10under the Motor Fuel Tax Law shall permit that distributor or
11receiver to act as a distributor or receiver, as applicable,
12under this Section. The provisions of Sections 2b, 2d, 6, 6a,
1312, 12a, 13, 13a.2, 13a.7, 13a.8, 15.1, and 21 of the Motor
14Fuel Tax Law that are not inconsistent with this Section shall
15apply as far as practicable to the subject matter of this
16Section to the same extent as if those provisions were included
17in this Section.
18    The Department shall immediately pay over to the State
19Treasurer, ex officio, as trustee, all taxes and penalties
20collected under this Section. Those taxes and penalties shall
21be deposited into the Municipal Motor Fuel Tax Fund, a trust
22fund created in the State treasury. Moneys in the Municipal
23Motor Fuel Tax Fund shall be used to make payments to
24municipalities and for the payment of refunds under this
25Section. The amount to be paid to each municipality shall be
26the amount (not including credit memoranda) collected by the

 

 

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1Department from the tax imposed by that municipality under this
2Section during the second preceding calendar month, plus an
3amount the Department determines is necessary to offset amounts
4that were erroneously paid to a different municipality, and not
5including an amount equal to the amount of refunds made during
6the second preceding calendar month by the Department on behalf
7of the municipality, and not including any amount that the
8Department determines is necessary to offset any amounts that
9were payable to a different municipality but were erroneously
10paid to the municipality, less 1.5% of the remainder, which the
11Department shall transfer into the Tax Compliance and
12Administration Fund. The Department, at the time of each
13monthly disbursement, shall prepare and certify to the State
14Comptroller the amount to be transferred into the Tax
15Compliance and Administration Fund under this Section. Within
1610 days after receipt by the Comptroller of the disbursement
17certification to the municipalities and the Tax Compliance and
18Administration Fund provided for in this Section to be given to
19the Comptroller by the Department, the Comptroller shall cause
20the orders to be drawn for the respective amounts in accordance
21with the directions contained in the certification.
 
22    Section 99. Effective date. This Act takes effect January
231, 2020.".