Illinois General Assembly - Full Text of HB5233
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Full Text of HB5233  102nd General Assembly

HB5233 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5233

 

Introduced 1/31/2022, by Rep. Robyn Gabel

 

SYNOPSIS AS INTRODUCED:
 
35 ILCS 505/8  from Ch. 120, par. 424

    Amends the Motor Fuel Tax Law. Provides that, for fiscal year 2022 and each fiscal year thereafter, $5,500,000 shall be transferred from the Grade Crossing Protection Fund to the Transportation Regulatory Fund (currently, $3,000,000). Effective immediately.


LRB102 23648 HLH 32830 b

 

 

A BILL FOR

 

HB5233LRB102 23648 HLH 32830 b

1    AN ACT concerning revenue.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Motor Fuel Tax Law is amended by changing
5Section 8 as follows:
 
6    (35 ILCS 505/8)  (from Ch. 120, par. 424)
7    Sec. 8. Except as provided in subsection (a-1) of this
8Section, Section 8a, subdivision (h)(1) of Section 12a,
9Section 13a.6, and items 13, 14, 15, and 16 of Section 15, all
10money received by the Department under this Act, including
11payments made to the Department by member jurisdictions
12participating in the International Fuel Tax Agreement, shall
13be deposited in a special fund in the State treasury, to be
14known as the "Motor Fuel Tax Fund", and shall be used as
15follows:
16    (a) 2 1/2 cents per gallon of the tax collected on special
17fuel under paragraph (b) of Section 2 and Section 13a of this
18Act shall be transferred to the State Construction Account
19Fund in the State Treasury; the remainder of the tax collected
20on special fuel under paragraph (b) of Section 2 and Section
2113a of this Act shall be deposited into the Road Fund;
22    (a-1) Beginning on July 1, 2019, an amount equal to the
23amount of tax collected under subsection (a) of Section 2 as a

 

 

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1result of the increase in the tax rate under Public Act 101-32
2shall be transferred each month into the Transportation
3Renewal Fund;
4    (b) $420,000 shall be transferred each month to the State
5Boating Act Fund to be used by the Department of Natural
6Resources for the purposes specified in Article X of the Boat
7Registration and Safety Act;
8    (c) $3,500,000 shall be transferred each month to the
9Grade Crossing Protection Fund to be used as follows: not less
10than $12,000,000 each fiscal year shall be used for the
11construction or reconstruction of rail highway grade
12separation structures; $5,500,000 in fiscal year 2022
13$2,250,000 in fiscal years 2004 through 2009 and $3,000,000 in
14fiscal year 2010 and each fiscal year thereafter shall be
15transferred to the Transportation Regulatory Fund and shall be
16accounted for as part of the rail carrier portion of such funds
17and shall be used to pay the cost of administration of the
18Illinois Commerce Commission's railroad safety program in
19connection with its duties under subsection (3) of Section
2018c-7401 of the Illinois Vehicle Code, with the remainder to
21be used by the Department of Transportation upon order of the
22Illinois Commerce Commission, to pay that part of the cost
23apportioned by such Commission to the State to cover the
24interest of the public in the use of highways, roads, streets,
25or pedestrian walkways in the county highway system, township
26and district road system, or municipal street system as

 

 

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1defined in the Illinois Highway Code, as the same may from time
2to time be amended, for separation of grades, for
3installation, construction or reconstruction of crossing
4protection or reconstruction, alteration, relocation including
5construction or improvement of any existing highway necessary
6for access to property or improvement of any grade crossing
7and grade crossing surface including the necessary highway
8approaches thereto of any railroad across the highway or
9public road, or for the installation, construction,
10reconstruction, or maintenance of safety treatments to deter
11trespassing or a pedestrian walkway over or under a railroad
12right-of-way, as provided for in and in accordance with
13Section 18c-7401 of the Illinois Vehicle Code. The Commission
14may order up to $2,000,000 per year in Grade Crossing
15Protection Fund moneys for the improvement of grade crossing
16surfaces and up to $300,000 per year for the maintenance and
17renewal of 4-quadrant gate vehicle detection systems located
18at non-high speed rail grade crossings. In entering orders for
19projects for which payments from the Grade Crossing Protection
20Fund will be made, the Commission shall account for
21expenditures authorized by the orders on a cash rather than an
22accrual basis. For purposes of this requirement an "accrual
23basis" assumes that the total cost of the project is expended
24in the fiscal year in which the order is entered, while a "cash
25basis" allocates the cost of the project among fiscal years as
26expenditures are actually made. To meet the requirements of

 

 

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1this subsection, the Illinois Commerce Commission shall
2develop annual and 5-year project plans of rail crossing
3capital improvements that will be paid for with moneys from
4the Grade Crossing Protection Fund. The annual project plan
5shall identify projects for the succeeding fiscal year and the
65-year project plan shall identify projects for the 5 directly
7succeeding fiscal years. The Commission shall submit the
8annual and 5-year project plans for this Fund to the Governor,
9the President of the Senate, the Senate Minority Leader, the
10Speaker of the House of Representatives, and the Minority
11Leader of the House of Representatives on the first Wednesday
12in April of each year;
13    (d) of the amount remaining after allocations provided for
14in subsections (a), (a-1), (b), and (c), a sufficient amount
15shall be reserved to pay all of the following:
16        (1) the costs of the Department of Revenue in
17    administering this Act;
18        (2) the costs of the Department of Transportation in
19    performing its duties imposed by the Illinois Highway Code
20    for supervising the use of motor fuel tax funds
21    apportioned to municipalities, counties and road
22    districts;
23        (3) refunds provided for in Section 13, refunds for
24    overpayment of decal fees paid under Section 13a.4 of this
25    Act, and refunds provided for under the terms of the
26    International Fuel Tax Agreement referenced in Section

 

 

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1    14a;
2        (4) from October 1, 1985 until June 30, 1994, the
3    administration of the Vehicle Emissions Inspection Law,
4    which amount shall be certified monthly by the
5    Environmental Protection Agency to the State Comptroller
6    and shall promptly be transferred by the State Comptroller
7    and Treasurer from the Motor Fuel Tax Fund to the Vehicle
8    Inspection Fund, and for the period July 1, 1994 through
9    June 30, 2000, one-twelfth of $25,000,000 each month, for
10    the period July 1, 2000 through June 30, 2003, one-twelfth
11    of $30,000,000 each month, and $15,000,000 on July 1,
12    2003, and $15,000,000 on January 1, 2004, and $15,000,000
13    on each July 1 and October 1, or as soon thereafter as may
14    be practical, during the period July 1, 2004 through June
15    30, 2012, and $30,000,000 on June 1, 2013, or as soon
16    thereafter as may be practical, and $15,000,000 on July 1
17    and October 1, or as soon thereafter as may be practical,
18    during the period of July 1, 2013 through June 30, 2015,
19    for the administration of the Vehicle Emissions Inspection
20    Law of 2005, to be transferred by the State Comptroller
21    and Treasurer from the Motor Fuel Tax Fund into the
22    Vehicle Inspection Fund;
23        (4.5) beginning on July 1, 2019, the costs of the
24    Environmental Protection Agency for the administration of
25    the Vehicle Emissions Inspection Law of 2005 shall be
26    paid, subject to appropriation, from the Motor Fuel Tax

 

 

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1    Fund into the Vehicle Inspection Fund; beginning in 2019,
2    no later than December 31 of each year, or as soon
3    thereafter as practical, the State Comptroller shall
4    direct and the State Treasurer shall transfer from the
5    Vehicle Inspection Fund to the Motor Fuel Tax Fund any
6    balance remaining in the Vehicle Inspection Fund in excess
7    of $2,000,000;
8        (5) amounts ordered paid by the Court of Claims; and
9        (6) payment of motor fuel use taxes due to member
10    jurisdictions under the terms of the International Fuel
11    Tax Agreement. The Department shall certify these amounts
12    to the Comptroller by the 15th day of each month; the
13    Comptroller shall cause orders to be drawn for such
14    amounts, and the Treasurer shall administer those amounts
15    on or before the last day of each month;
16    (e) after allocations for the purposes set forth in
17subsections (a), (a-1), (b), (c), and (d), the remaining
18amount shall be apportioned as follows:
19        (1) Until January 1, 2000, 58.4%, and beginning
20    January 1, 2000, 45.6% shall be deposited as follows:
21            (A) 37% into the State Construction Account Fund,
22        and
23            (B) 63% into the Road Fund, $1,250,000 of which
24        shall be reserved each month for the Department of
25        Transportation to be used in accordance with the
26        provisions of Sections 6-901 through 6-906 of the

 

 

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1        Illinois Highway Code;
2        (2) Until January 1, 2000, 41.6%, and beginning
3    January 1, 2000, 54.4% shall be transferred to the
4    Department of Transportation to be distributed as follows:
5            (A) 49.10% to the municipalities of the State,
6            (B) 16.74% to the counties of the State having
7        1,000,000 or more inhabitants,
8            (C) 18.27% to the counties of the State having
9        less than 1,000,000 inhabitants,
10            (D) 15.89% to the road districts of the State.
11        If a township is dissolved under Article 24 of the
12    Township Code, McHenry County shall receive any moneys
13    that would have been distributed to the township under
14    this subparagraph, except that a municipality that assumes
15    the powers and responsibilities of a road district under
16    paragraph (6) of Section 24-35 of the Township Code shall
17    receive any moneys that would have been distributed to the
18    township in a percent equal to the area of the dissolved
19    road district or portion of the dissolved road district
20    over which the municipality assumed the powers and
21    responsibilities compared to the total area of the
22    dissolved township. The moneys received under this
23    subparagraph shall be used in the geographic area of the
24    dissolved township. If a township is reconstituted as
25    provided under Section 24-45 of the Township Code, McHenry
26    County or a municipality shall no longer be distributed

 

 

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1    moneys under this subparagraph.
2    As soon as may be after the first day of each month, the
3Department of Transportation shall allot to each municipality
4its share of the amount apportioned to the several
5municipalities which shall be in proportion to the population
6of such municipalities as determined by the last preceding
7municipal census if conducted by the Federal Government or
8Federal census. If territory is annexed to any municipality
9subsequent to the time of the last preceding census the
10corporate authorities of such municipality may cause a census
11to be taken of such annexed territory and the population so
12ascertained for such territory shall be added to the
13population of the municipality as determined by the last
14preceding census for the purpose of determining the allotment
15for that municipality. If the population of any municipality
16was not determined by the last Federal census preceding any
17apportionment, the apportionment to such municipality shall be
18in accordance with any census taken by such municipality. Any
19municipal census used in accordance with this Section shall be
20certified to the Department of Transportation by the clerk of
21such municipality, and the accuracy thereof shall be subject
22to approval of the Department which may make such corrections
23as it ascertains to be necessary.
24    As soon as may be after the first day of each month, the
25Department of Transportation shall allot to each county its
26share of the amount apportioned to the several counties of the

 

 

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1State as herein provided. Each allotment to the several
2counties having less than 1,000,000 inhabitants shall be in
3proportion to the amount of motor vehicle license fees
4received from the residents of such counties, respectively,
5during the preceding calendar year. The Secretary of State
6shall, on or before April 15 of each year, transmit to the
7Department of Transportation a full and complete report
8showing the amount of motor vehicle license fees received from
9the residents of each county, respectively, during the
10preceding calendar year. The Department of Transportation
11shall, each month, use for allotment purposes the last such
12report received from the Secretary of State.
13    As soon as may be after the first day of each month, the
14Department of Transportation shall allot to the several
15counties their share of the amount apportioned for the use of
16road districts. The allotment shall be apportioned among the
17several counties in the State in the proportion which the
18total mileage of township or district roads in the respective
19counties bears to the total mileage of all township and
20district roads in the State. Funds allotted to the respective
21counties for the use of road districts therein shall be
22allocated to the several road districts in the county in the
23proportion which the total mileage of such township or
24district roads in the respective road districts bears to the
25total mileage of all such township or district roads in the
26county. After July 1 of any year prior to 2011, no allocation

 

 

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1shall be made for any road district unless it levied a tax for
2road and bridge purposes in an amount which will require the
3extension of such tax against the taxable property in any such
4road district at a rate of not less than either .08% of the
5value thereof, based upon the assessment for the year
6immediately prior to the year in which such tax was levied and
7as equalized by the Department of Revenue or, in DuPage
8County, an amount equal to or greater than $12,000 per mile of
9road under the jurisdiction of the road district, whichever is
10less. Beginning July 1, 2011 and each July 1 thereafter, an
11allocation shall be made for any road district if it levied a
12tax for road and bridge purposes. In counties other than
13DuPage County, if the amount of the tax levy requires the
14extension of the tax against the taxable property in the road
15district at a rate that is less than 0.08% of the value
16thereof, based upon the assessment for the year immediately
17prior to the year in which the tax was levied and as equalized
18by the Department of Revenue, then the amount of the
19allocation for that road district shall be a percentage of the
20maximum allocation equal to the percentage obtained by
21dividing the rate extended by the district by 0.08%. In DuPage
22County, if the amount of the tax levy requires the extension of
23the tax against the taxable property in the road district at a
24rate that is less than the lesser of (i) 0.08% of the value of
25the taxable property in the road district, based upon the
26assessment for the year immediately prior to the year in which

 

 

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1such tax was levied and as equalized by the Department of
2Revenue, or (ii) a rate that will yield an amount equal to
3$12,000 per mile of road under the jurisdiction of the road
4district, then the amount of the allocation for the road
5district shall be a percentage of the maximum allocation equal
6to the percentage obtained by dividing the rate extended by
7the district by the lesser of (i) 0.08% or (ii) the rate that
8will yield an amount equal to $12,000 per mile of road under
9the jurisdiction of the road district.
10    Prior to 2011, if any road district has levied a special
11tax for road purposes pursuant to Sections 6-601, 6-602, and
126-603 of the Illinois Highway Code, and such tax was levied in
13an amount which would require extension at a rate of not less
14than .08% of the value of the taxable property thereof, as
15equalized or assessed by the Department of Revenue, or, in
16DuPage County, an amount equal to or greater than $12,000 per
17mile of road under the jurisdiction of the road district,
18whichever is less, such levy shall, however, be deemed a
19proper compliance with this Section and shall qualify such
20road district for an allotment under this Section. Beginning
21in 2011 and thereafter, if any road district has levied a
22special tax for road purposes under Sections 6-601, 6-602, and
236-603 of the Illinois Highway Code, and the tax was levied in
24an amount that would require extension at a rate of not less
25than 0.08% of the value of the taxable property of that road
26district, as equalized or assessed by the Department of

 

 

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1Revenue or, in DuPage County, an amount equal to or greater
2than $12,000 per mile of road under the jurisdiction of the
3road district, whichever is less, that levy shall be deemed a
4proper compliance with this Section and shall qualify such
5road district for a full, rather than proportionate, allotment
6under this Section. If the levy for the special tax is less
7than 0.08% of the value of the taxable property, or, in DuPage
8County if the levy for the special tax is less than the lesser
9of (i) 0.08% or (ii) $12,000 per mile of road under the
10jurisdiction of the road district, and if the levy for the
11special tax is more than any other levy for road and bridge
12purposes, then the levy for the special tax qualifies the road
13district for a proportionate, rather than full, allotment
14under this Section. If the levy for the special tax is equal to
15or less than any other levy for road and bridge purposes, then
16any allotment under this Section shall be determined by the
17other levy for road and bridge purposes.
18    Prior to 2011, if a township has transferred to the road
19and bridge fund money which, when added to the amount of any
20tax levy of the road district would be the equivalent of a tax
21levy requiring extension at a rate of at least .08%, or, in
22DuPage County, an amount equal to or greater than $12,000 per
23mile of road under the jurisdiction of the road district,
24whichever is less, such transfer, together with any such tax
25levy, shall be deemed a proper compliance with this Section
26and shall qualify the road district for an allotment under

 

 

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1this Section.
2    In counties in which a property tax extension limitation
3is imposed under the Property Tax Extension Limitation Law,
4road districts may retain their entitlement to a motor fuel
5tax allotment or, beginning in 2011, their entitlement to a
6full allotment if, at the time the property tax extension
7limitation was imposed, the road district was levying a road
8and bridge tax at a rate sufficient to entitle it to a motor
9fuel tax allotment and continues to levy the maximum allowable
10amount after the imposition of the property tax extension
11limitation. Any road district may in all circumstances retain
12its entitlement to a motor fuel tax allotment or, beginning in
132011, its entitlement to a full allotment if it levied a road
14and bridge tax in an amount that will require the extension of
15the tax against the taxable property in the road district at a
16rate of not less than 0.08% of the assessed value of the
17property, based upon the assessment for the year immediately
18preceding the year in which the tax was levied and as equalized
19by the Department of Revenue or, in DuPage County, an amount
20equal to or greater than $12,000 per mile of road under the
21jurisdiction of the road district, whichever is less.
22    As used in this Section, the term "road district" means
23any road district, including a county unit road district,
24provided for by the Illinois Highway Code; and the term
25"township or district road" means any road in the township and
26district road system as defined in the Illinois Highway Code.

 

 

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1For the purposes of this Section, "township or district road"
2also includes such roads as are maintained by park districts,
3forest preserve districts and conservation districts. The
4Department of Transportation shall determine the mileage of
5all township and district roads for the purposes of making
6allotments and allocations of motor fuel tax funds for use in
7road districts.
8    Payment of motor fuel tax moneys to municipalities and
9counties shall be made as soon as possible after the allotment
10is made. The treasurer of the municipality or county may
11invest these funds until their use is required and the
12interest earned by these investments shall be limited to the
13same uses as the principal funds.
14(Source: P.A. 101-32, eff. 6-28-19; 101-230, eff. 8-9-19;
15101-493, eff. 8-23-19; 102-16, eff. 6-17-21; 102-558, eff.
168-20-21.)
 
17    Section 99. Effective date. This Act takes effect upon
18becoming law.