HB2804 101ST GENERAL ASSEMBLY

LRB101 08813 HLH 53902 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2804

Introduced , by Rep. Emanuel Chris Welch

SYNOPSIS AS INTRODUCED:

65 ILCS 5/8-11-15

from Ch. 24, par. 8-11-15

Amends the Illinois Municipal Code. Provides that a municipality may, by ordinance, impose a tax on motor fuel in one cent per gallon increments, but not to exceed $0.05 per gallon total (currently, a municipality of over 100,000 inhabitants may impose such a tax, but only upon referendum approval and only at the rate of one cent per gallon). Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning local government.

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

Section 5. The Illinois Municipal Code is amended by changing Section 8-11-15 as follows:

(65 ILCS 5/8-11-15) (from Ch. 24, par. 8-11-15)

Sec. 8-11-15. Motor fuel tax.

(a) The corporate authorities of a municipality of over 100,000 inhabitants may, by ordinance upon approval of the electors of the municipality pursuant to subsection (b), impose a tax of one cent per gallon on motor fuel sold at retail within such municipality. The tax shall be imposed in one cent per gallon increments, but not to exceed $0.05 per gallon total. A tax imposed pursuant to this Section shall be paid in addition to any other taxes on such motor fuel.

(b) (Blank). The corporate authorities of the municipality may by resolution call for the submission to the electors of the municipality of the question of whether the municipality shall impose such tax. Such question shall be certified by the municipal clerk to the election authority in accordance with Section 28-5 of The Election Code. The question shall be in substantially the following form: ------------------------------------------------------------- Shall the city (village or incorporated town) of ....... YES impose a tax of one cent per ----------------------------- gallon on motor fuel sold at NO retail within its boundaries? ------------------------------

If a majority of the electors in the municipality voting upon the question vote in the affirmative, such tax shall be imposed.

(c) The purchaser of the motor fuel shall be liable for payment of a tax imposed pursuant to this Section. This Section shall not be construed to impose a tax on the occupation of persons engaged in the sale of motor fuel.

If a municipality imposes a tax on motor fuel pursuant to this Section, it shall be the duty of any person engaged in the retail sale of motor fuel within such municipality to collect such tax from the purchaser at the same time he collects the purchase price of the motor fuel and to pay over such tax to the municipality as prescribed by the ordinance of the municipality imposing such tax.

(d) For purposes of this Section, "motor fuel" shall have the same meaning as provided in the "Motor Fuel Tax Law".

(Source: P.A. 84-1099.)

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