Illinois General Assembly - Full Text of SB2414
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Full Text of SB2414  102nd General Assembly

SB2414 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2414

 

Introduced 2/26/2021, by Sen. Napoleon Harris, III

 

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

    Amends the Motor Fuel Tax Law. Provides that the Department of Central Management Services shall establish a model business enterprise program for the procurement of contracts by municipalities, counties, and road districts. Provides that, if a municipality, county, or road district received a motor fuel tax distribution totaling more than $1,000,000 in the previous fiscal year, then, in order to receive a distribution for the current fiscal year, that municipality, county, or road district must certify to the Department of Transportation that it has established a minority-owned, women-owned, and veteran-owned business enterprise program that meets or exceeds the requirements of the model program established by the Department of Central Management Services. Effective immediately.


LRB102 12596 HLH 17934 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2414LRB102 12596 HLH 17934 b

1    AN ACT concerning State government.
 
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

 

 

SB2414- 2 -LRB102 12596 HLH 17934 b

1result of the increase in the tax rate under Public Act 101-32
2this amendatory Act of the 101st General Assembly shall be
3transferred each month into the Transportation Renewal 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; $2,250,000 in fiscal years 2004 through
132009 and $3,000,000 in fiscal year 2010 and each fiscal year
14thereafter shall be transferred to the Transportation
15Regulatory Fund and shall be accounted for as part of the rail
16carrier portion of such funds and shall be used to pay the cost
17of administration of the Illinois Commerce Commission's
18railroad safety program in connection with its duties under
19subsection (3) of Section 18c-7401 of the Illinois Vehicle
20Code, with the remainder to be used by the Department of
21Transportation upon order of the Illinois Commerce Commission,
22to pay that part of the cost apportioned by such Commission to
23the State to cover the interest of the public in the use of
24highways, roads, streets, or pedestrian walkways in the county
25highway system, township and district road system, or
26municipal street system as defined in the Illinois Highway

 

 

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1Code, as the same may from time to time be amended, for
2separation of grades, for installation, construction or
3reconstruction of crossing protection or reconstruction,
4alteration, relocation including construction or improvement
5of any existing highway necessary for access to property or
6improvement of any grade crossing and grade crossing surface
7including the necessary highway approaches thereto of any
8railroad across the highway or public road, or for the
9installation, construction, reconstruction, or maintenance of
10a pedestrian walkway over or under a railroad right-of-way, as
11provided for in and in accordance with Section 18c-7401 of the
12Illinois Vehicle Code. The Commission may order up to
13$2,000,000 per year in Grade Crossing Protection Fund moneys
14for the improvement of grade crossing surfaces and up to
15$300,000 per year for the maintenance and renewal of
164-quadrant gate vehicle detection systems located at non-high
17speed rail grade crossings. The Commission shall not order
18more than $2,000,000 per year in Grade Crossing Protection
19Fund moneys for pedestrian walkways. In entering orders for
20projects for which payments from the Grade Crossing Protection
21Fund will be made, the Commission shall account for
22expenditures authorized by the orders on a cash rather than an
23accrual basis. For purposes of this requirement an "accrual
24basis" assumes that the total cost of the project is expended
25in the fiscal year in which the order is entered, while a "cash
26basis" allocates the cost of the project among fiscal years as

 

 

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1expenditures are actually made. To meet the requirements of
2this subsection, the Illinois Commerce Commission shall
3develop annual and 5-year project plans of rail crossing
4capital improvements that will be paid for with moneys from
5the Grade Crossing Protection Fund. The annual project plan
6shall identify projects for the succeeding fiscal year and the
75-year project plan shall identify projects for the 5 directly
8succeeding fiscal years. The Commission shall submit the
9annual and 5-year project plans for this Fund to the Governor,
10the President of the Senate, the Senate Minority Leader, the
11Speaker of the House of Representatives, and the Minority
12Leader of the House of Representatives on the first Wednesday
13in April of each year;
14    (d) of the amount remaining after allocations provided for
15in subsections (a), (a-1), (b), and (c), a sufficient amount
16shall be reserved to pay all of the following:
17        (1) the costs of the Department of Revenue in
18    administering this Act;
19        (2) the costs of the Department of Transportation in
20    performing its duties imposed by the Illinois Highway Code
21    for supervising the use of motor fuel tax funds
22    apportioned to municipalities, counties and road
23    districts;
24        (3) refunds provided for in Section 13, refunds for
25    overpayment of decal fees paid under Section 13a.4 of this
26    Act, and refunds provided for under the terms of the

 

 

SB2414- 5 -LRB102 12596 HLH 17934 b

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

 

 

SB2414- 6 -LRB102 12596 HLH 17934 b

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

 

 

SB2414- 7 -LRB102 12596 HLH 17934 b

1        provisions of Sections 6-901 through 6-906 of the
2        Illinois Highway Code;
3        (2) Until January 1, 2000, 41.6%, and beginning
4    January 1, 2000, 54.4% shall be transferred to the
5    Department of Transportation to be distributed as follows:
6            (A) 49.10% to the municipalities of the State,
7            (B) 16.74% to the counties of the State having
8        1,000,000 or more inhabitants,
9            (C) 18.27% to the counties of the State having
10        less than 1,000,000 inhabitants,
11            (D) 15.89% to the road districts of the State.
12        If a township is dissolved under Article 24 of the
13    Township Code, McHenry County shall receive any moneys
14    that would have been distributed to the township under
15    this subparagraph, except that a municipality that assumes
16    the powers and responsibilities of a road district under
17    paragraph (6) of Section 24-35 of the Township Code shall
18    receive any moneys that would have been distributed to the
19    township in a percent equal to the area of the dissolved
20    road district or portion of the dissolved road district
21    over which the municipality assumed the powers and
22    responsibilities compared to the total area of the
23    dissolved township. The moneys received under this
24    subparagraph shall be used in the geographic area of the
25    dissolved township. If a township is reconstituted as
26    provided under Section 24-45 of the Township Code, McHenry

 

 

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1    County or a municipality shall no longer be distributed
2    moneys under this subparagraph.
3    As soon as may be after the first day of each month, the
4Department of Transportation shall allot to each municipality
5its share of the amount apportioned to the several
6municipalities which shall be in proportion to the population
7of such municipalities as determined by the last preceding
8municipal census if conducted by the Federal Government or
9Federal census. If territory is annexed to any municipality
10subsequent to the time of the last preceding census the
11corporate authorities of such municipality may cause a census
12to be taken of such annexed territory and the population so
13ascertained for such territory shall be added to the
14population of the municipality as determined by the last
15preceding census for the purpose of determining the allotment
16for that municipality. If the population of any municipality
17was not determined by the last Federal census preceding any
18apportionment, the apportionment to such municipality shall be
19in accordance with any census taken by such municipality. Any
20municipal census used in accordance with this Section shall be
21certified to the Department of Transportation by the clerk of
22such municipality, and the accuracy thereof shall be subject
23to approval of the Department which may make such corrections
24as it ascertains to be necessary.
25    As soon as may be after the first day of each month, the
26Department of Transportation shall allot to each county its

 

 

SB2414- 9 -LRB102 12596 HLH 17934 b

1share of the amount apportioned to the several counties of the
2State as herein provided. Each allotment to the several
3counties having less than 1,000,000 inhabitants shall be in
4proportion to the amount of motor vehicle license fees
5received from the residents of such counties, respectively,
6during the preceding calendar year. The Secretary of State
7shall, on or before April 15 of each year, transmit to the
8Department of Transportation a full and complete report
9showing the amount of motor vehicle license fees received from
10the residents of each county, respectively, during the
11preceding calendar year. The Department of Transportation
12shall, each month, use for allotment purposes the last such
13report received from the Secretary of State.
14    As soon as may be after the first day of each month, the
15Department of Transportation shall allot to the several
16counties their share of the amount apportioned for the use of
17road districts. The allotment shall be apportioned among the
18several counties in the State in the proportion which the
19total mileage of township or district roads in the respective
20counties bears to the total mileage of all township and
21district roads in the State. Funds allotted to the respective
22counties for the use of road districts therein shall be
23allocated to the several road districts in the county in the
24proportion which the total mileage of such township or
25district roads in the respective road districts bears to the
26total mileage of all such township or district roads in the

 

 

SB2414- 10 -LRB102 12596 HLH 17934 b

1county. After July 1 of any year prior to 2011, no allocation
2shall be made for any road district unless it levied a tax for
3road and bridge purposes in an amount which will require the
4extension of such tax against the taxable property in any such
5road district at a rate of not less than either .08% of the
6value thereof, based upon the assessment for the year
7immediately prior to the year in which such tax was levied and
8as equalized by the Department of Revenue or, in DuPage
9County, an amount equal to or greater than $12,000 per mile of
10road under the jurisdiction of the road district, whichever is
11less. Beginning July 1, 2011 and each July 1 thereafter, an
12allocation shall be made for any road district if it levied a
13tax for road and bridge purposes. In counties other than
14DuPage County, if the amount of the tax levy requires the
15extension of the tax against the taxable property in the road
16district at a rate that is less than 0.08% of the value
17thereof, based upon the assessment for the year immediately
18prior to the year in which the tax was levied and as equalized
19by the Department of Revenue, then the amount of the
20allocation for that road district shall be a percentage of the
21maximum allocation equal to the percentage obtained by
22dividing the rate extended by the district by 0.08%. In DuPage
23County, if the amount of the tax levy requires the extension of
24the tax against the taxable property in the road district at a
25rate that is less than the lesser of (i) 0.08% of the value of
26the taxable property in the road district, based upon the

 

 

SB2414- 11 -LRB102 12596 HLH 17934 b

1assessment for the year immediately prior to the year in which
2such tax was levied and as equalized by the Department of
3Revenue, or (ii) a rate that will yield an amount equal to
4$12,000 per mile of road under the jurisdiction of the road
5district, then the amount of the allocation for the road
6district shall be a percentage of the maximum allocation equal
7to the percentage obtained by dividing the rate extended by
8the district by the lesser of (i) 0.08% or (ii) the rate that
9will yield an amount equal to $12,000 per mile of road under
10the jurisdiction of the road district.
11    The Department of Central Management Services shall
12establish a model business enterprise program for the
13procurement of contracts by municipalities, counties, and road
14districts. The program shall take into account the size,
15geographic location, and general procurement needs of the
16various municipalities, counties, and road districts of the
17State. Notwithstanding any other provision of law, for each
18fiscal year beginning on or after July 1, 2022, if a
19municipality, county, or road district received a distribution
20under this Section totaling more than $1,000,000 in the
21previous fiscal year, then, in order to receive a distribution
22for the current fiscal year, that municipality, county, or
23road district must certify to the Department of Transportation
24that it has established a minority-owned, women-owned, and
25veteran-owned business enterprise program that meets or
26exceeds the requirements of the model program established by

 

 

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1the Department of Central Management Services under this
2Section. The municipality, county, or road district shall
3accept vendor certification from the State of Illinois, the
4County of Cook, and the City of Chicago for minority-owned,
5women-owned or veteran-owned businesses. The Department of
6Transportation shall prepare a list of all affected
7municipalities, counties, and road districts that received a
8distribution of more than $1,000,000 in the last fiscal year
9and shall publish the list on its website. The Department of
10Central Management Services shall prepare and conduct all
11necessary studies, including an availability analysis and a
12disparity study for all affected municipalities, counties, and
13road districts, and shall use all existing studies as much as
14possible. The Department of Central Management Services shall
15maximize economies of scale in these studies where local
16governments draw from the same pool of vendors. If the study
17does not support the establishment of a business enterprise
18program for any local municipality, county, or road district,
19the requirements of this Section shall not apply to that local
20municipality, county, or road district. The Department of
21Transportation and the Illinois Toll Highway Authority shall
22provide all data on their studies related to their business
23enterprise programs to the Department of Central Management
24Services to assist the Department of Central Management
25Services in the completion of the study.
26    Prior to 2011, if any road district has levied a special

 

 

SB2414- 13 -LRB102 12596 HLH 17934 b

1tax for road purposes pursuant to Sections 6-601, 6-602, and
26-603 of the Illinois Highway Code, and such tax was levied in
3an amount which would require extension at a rate of not less
4than .08% of the value of the taxable property thereof, as
5equalized or assessed by the Department of Revenue, or, in
6DuPage County, an amount equal to or greater than $12,000 per
7mile of road under the jurisdiction of the road district,
8whichever is less, such levy shall, however, be deemed a
9proper compliance with this Section and shall qualify such
10road district for an allotment under this Section. Beginning
11in 2011 and thereafter, if any road district has levied a
12special tax for road purposes under Sections 6-601, 6-602, and
136-603 of the Illinois Highway Code, and the tax was levied in
14an amount that would require extension at a rate of not less
15than 0.08% of the value of the taxable property of that road
16district, as equalized or assessed by the Department of
17Revenue or, in DuPage County, an amount equal to or greater
18than $12,000 per mile of road under the jurisdiction of the
19road district, whichever is less, that levy shall be deemed a
20proper compliance with this Section and shall qualify such
21road district for a full, rather than proportionate, allotment
22under this Section. If the levy for the special tax is less
23than 0.08% of the value of the taxable property, or, in DuPage
24County if the levy for the special tax is less than the lesser
25of (i) 0.08% or (ii) $12,000 per mile of road under the
26jurisdiction of the road district, and if the levy for the

 

 

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1special tax is more than any other levy for road and bridge
2purposes, then the levy for the special tax qualifies the road
3district for a proportionate, rather than full, allotment
4under this Section. If the levy for the special tax is equal to
5or less than any other levy for road and bridge purposes, then
6any allotment under this Section shall be determined by the
7other levy for road and bridge purposes.
8    Prior to 2011, if a township has transferred to the road
9and bridge fund money which, when added to the amount of any
10tax levy of the road district would be the equivalent of a tax
11levy requiring extension at a rate of at least .08%, or, in
12DuPage County, an amount equal to or greater than $12,000 per
13mile of road under the jurisdiction of the road district,
14whichever is less, such transfer, together with any such tax
15levy, shall be deemed a proper compliance with this Section
16and shall qualify the road district for an allotment under
17this Section.
18    In counties in which a property tax extension limitation
19is imposed under the Property Tax Extension Limitation Law,
20road districts may retain their entitlement to a motor fuel
21tax allotment or, beginning in 2011, their entitlement to a
22full allotment if, at the time the property tax extension
23limitation was imposed, the road district was levying a road
24and bridge tax at a rate sufficient to entitle it to a motor
25fuel tax allotment and continues to levy the maximum allowable
26amount after the imposition of the property tax extension

 

 

SB2414- 15 -LRB102 12596 HLH 17934 b

1limitation. Any road district may in all circumstances retain
2its entitlement to a motor fuel tax allotment or, beginning in
32011, its entitlement to a full allotment if it levied a road
4and bridge tax in an amount that will require the extension of
5the tax against the taxable property in the road district at a
6rate of not less than 0.08% of the assessed value of the
7property, based upon the assessment for the year immediately
8preceding the year in which the tax was levied and as equalized
9by the Department of Revenue or, in DuPage County, an amount
10equal to or greater than $12,000 per mile of road under the
11jurisdiction of the road district, whichever is less.
12    As used in this Section, the term "road district" means
13any road district, including a county unit road district,
14provided for by the Illinois Highway Code; and the term
15"township or district road" means any road in the township and
16district road system as defined in the Illinois Highway Code.
17For the purposes of this Section, "township or district road"
18also includes such roads as are maintained by park districts,
19forest preserve districts and conservation districts. The
20Department of Transportation shall determine the mileage of
21all township and district roads for the purposes of making
22allotments and allocations of motor fuel tax funds for use in
23road districts.
24    Payment of motor fuel tax moneys to municipalities and
25counties shall be made as soon as possible after the allotment
26is made. The treasurer of the municipality or county may

 

 

SB2414- 16 -LRB102 12596 HLH 17934 b

1invest these funds until their use is required and the
2interest earned by these investments shall be limited to the
3same uses as the principal funds.
4(Source: P.A. 101-32, eff. 6-28-19; 101-230, eff. 8-9-19;
5101-493, eff. 8-23-19; revised 9-24-19.)
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.