Sen. Rachel Ventura

Filed: 5/3/2024

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2784

2    AMENDMENT NO. ______. Amend Senate Bill 2784 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. Short title. This Act may be cited as the Cargo
5Transportation Fee Act.
 
6    Section 5. Definitions. As used in this Act:
7    "Department" means the Department of Revenue.
8    "Commercial motor vehicle" has the meaning given to that
9term in Section 18b-101 of the Illinois Vehicle Code.
10    "Intermodal facility" means a facility that provides for
11the transfer of freight from one mode of transportation to
12another. "Intermodal facility" does not include an airport.
13    "Interstate carrier" has the meaning given to that term in
14Section 18c-1104 of the Illinois Vehicle Code.
15    "Intrastate carrier" has the meaning given to that term in
16Section 18c-1104 of the Illinois Vehicle Code.
 

 

 

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1    Section 10. Fee. On and after January 1, 2025, the
2corporate authorities of a municipality or, if the intermodal
3facility is located in an unincorporated area of a county, a
4county may enact, by ordinance, a fee upon each entity that is
5an interstate carrier or an intrastate carrier and that (i)
6transports by common carrier tangible personal property in the
7State, (ii) transports that tangible personal property for the
8purpose of selling that tangible personal property at retail,
9and (iii) receives tangible personal property directly from an
10intermodal facility that is located in the municipality or
11county that enacts the ordinance. The fee shall be imposed
12each time a commercial motor vehicle owned by a qualified
13interstate carrier or a qualified intrastate carrier receives
14tangible personal property directly from an intermodal
15facility that is located in the municipality or county that
16enacts an ordinance under this Section. If the intermodal
17facility is located in more than one municipality, more than
18one county, or in a municipality and an unincorporated area of
19a county, then only the municipality or county containing the
20majority of the intermodal facility may impose the fee under
21this Section on that intermodal facility. The fee is imposed
22in the following amounts:
23        (1) $0.50 for each such commercial motor vehicle with
24    a gross weight vehicle and load of 12,000 pounds or less;
25        (2) $1 for each such commercial motor vehicle with a

 

 

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1    gross weight vehicle and load of 12,001 to 16,000 pounds;
2        (3) $1.50 for each such commercial motor vehicle with
3    a gross weight vehicle and load of 16,001 to 20,000
4    pounds;
5        (4) $2 for each such commercial motor vehicle with a
6    gross weight vehicle and load of 20,001 to 24,000 pounds;
7        (5) $2.50 for each such commercial motor vehicle with
8    a gross weight vehicle and load of 24,001 to 28,000
9    pounds;
10        (6) $3 for each such commercial motor vehicle with a
11    gross weight vehicle and load of 28,001 to 32,000 pounds;
12        (7) $3.50 for each such commercial motor vehicle with
13    a gross weight vehicle and load of 32,001 to 36,000
14    pounds;
15        (8) $4 for each such commercial motor vehicle with a
16    gross weight vehicle and load of 36,001 to 40,000 pounds;
17        (9) $4.50 for each such commercial motor vehicle with
18    a gross weight vehicle and load of 40,001 to 45,000
19    pounds;
20        (10) $5 for each such commercial motor vehicle with a
21    gross weight vehicle and load of 45,001 to 54,999 pounds;
22        (11) $5.50 for each such commercial motor vehicle with
23    a gross weight vehicle and load of 55,000 to 59,500
24    pounds;
25        (12) $6 for each such commercial motor vehicle with a
26    gross weight vehicle and load of 59,501 to 64,000 pounds;

 

 

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1        (13) $6.50 for each such commercial motor vehicle with
2    a gross weight vehicle and load of 64,001 to 73,280
3    pounds;
4        (14) $7 for each such commercial motor vehicle with a
5    gross weight vehicle and load of 73,281 to 77,000 pounds;
6        (15) $7.50 for each such commercial motor vehicle with
7    a gross weight vehicle and load of 77,001 to 80,000
8    pounds; and
9        (16) $8 for each such commercial motor vehicle with a
10    gross weight vehicle and load of 80,001 pounds or more.
 
11    Section 15. Returns.
12    (a) Except as otherwise provided in this Section, on or
13before the 15th day of each month, each interstate or
14intrastate carrier that is liable for the payment of the fee
15under this Act shall make a return to the Department for the
16preceding calendar month stating:
17        (1) the name of the interstate or intrastate carrier;
18        (2) the address of the carrier's principal place of
19    business;
20        (3) the amount of the fee imposed under this Act; and
21        (4) such other reasonable information as the
22    Department may require.
23    (b) Any person required to make payments under this Act
24may make the payments by electronic funds transfer. The
25Department shall adopt rules necessary to effectuate a program

 

 

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1of electronic funds transfer.
2    (c) If the person's average monthly liability to the
3Department under this Act does not exceed $100, the Department
4may authorize the person's returns to be filed on a quarter
5annual basis, with the return for January, February, and March
6of a given year being due by April 30 of that year; with the
7return for April, May, and June of a given year being due by
8July 31 of that year; with the return for July, August, and
9September of a given year being due by October 31 of that year,
10and with the return for October, November, and December of a
11given year being due by January 31 of the following year.
12    (d) If the person's average monthly liability to the
13Department under this Act does not exceed $20, the Department
14may authorize the person's returns to be filed on an annual
15basis, with the return for a given year being due by January 31
16of the following year.
17    (e) The interstate or intrastate carrier making the return
18provided for in this Section shall, at the time of making that
19return, pay to the Department the amount of the fee imposed by
20this Act.
 
21    Section 20. Incorporation of Retailers' Occupation Tax
22Act. All of the provisions of Sections 4, 5, 5a, 5b, 5c, 5d,
235e, 5f, 5g, 5i, 5j, 6b, and 6c of the Retailers' Occupation Tax
24Act that are not inconsistent with this Act, and Section 3-7 of
25the Uniform Penalty and Interest Act shall apply, as far as

 

 

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1practicable, to the subject matter of this Act to the same
2extent as if such provisions were included in this Act.
3References in those incorporated Sections of the Retailers'
4Occupation Tax Act to retailers, to sellers, or to persons
5engaged in the business of selling tangible personal property
6mean interstate carriers or intrastate carriers for the
7purpose of this Act.
 
8    Section 25. Distribution of proceeds.
9    (a) Of the proceeds from the fee imposed by this Act, 95%
10shall be deposited into the Cargo Transportation Fee Fund, a
11special fund created in the State treasury. Moneys in the Fund
12shall be used by the Department of Transportation for road
13projects involving State and local roadways that are used as
14trucking routes and that are located within 5 miles of an
15intermodal facility that has a fee imposed under this Act.
16Moneys deposited into the Cargo Transportation Fee Fund as a
17result of a fee imposed under this Act by a particular
18municipality or county shall be used for road projects in that
19particular municipality or county. In addition, when
20distributing moneys from the Cargo Transportation Fee Fund,
21the Department of Transportation shall prioritize road
22projects based on the amount of damage to the roadway that
23needs to be corrected.
24    (b) Of the proceeds from the fee imposed by this Act, 5%
25shall be deposited into the Motor Carrier Safety Inspection

 

 

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1Fund to be used by the Illinois State Police for motor carrier
2safety enforcement within 20 miles of an intermodal facility
3that has a fee imposed under this Act.
 
4    Section 30. Rules. The Department shall adopt rules to
5implement and administer this Act.
 
6    Section 900. The State Finance Act is amended by adding
7Section 5.1015 as follows:
 
8    (30 ILCS 105/5.1015 new)
9    Sec. 5.1015. The Cargo Transportation Fee Fund.".