Full Text of HB3136 100th General Assembly
HB3136ham001 100TH GENERAL ASSEMBLY | Rep. Robert W. Pritchard Filed: 3/3/2017
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| 1 | | AMENDMENT TO HOUSE BILL 3136
| 2 | | AMENDMENT NO. ______. Amend House Bill 3136 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Motor Fuel Tax Law is amended by changing | 5 | | Section 2 as follows:
| 6 | | (35 ILCS 505/2) (from Ch. 120, par. 418)
| 7 | | Sec. 2.
A tax is imposed on the privilege of operating | 8 | | motor vehicles
upon the public highways and recreational-type | 9 | | watercraft upon the waters
of this State.
| 10 | | (a) Prior to August 1, 1989, the tax is imposed at the rate | 11 | | of 13 cents
per gallon on all motor fuel used in motor vehicles | 12 | | operating on the public
highways and recreational type | 13 | | watercraft operating upon the waters of this
State. Beginning | 14 | | on August 1, 1989 and until January 1, 1990, the rate of the
| 15 | | tax imposed in this paragraph shall be 16 cents per gallon. | 16 | | Beginning January
1, 1990 and through December 31, 2017 , the |
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| 1 | | rate of tax imposed in this paragraph shall be 19 cents per
| 2 | | gallon. Beginning on January 1, 2018, the rate of tax imposed | 3 | | in this paragraph shall be 29 cents per
gallon.
| 4 | | (b) The tax on the privilege of operating motor vehicles | 5 | | which use diesel
fuel shall be the rate according to paragraph | 6 | | (a) plus an additional 2 1/2
cents per gallon. "Diesel fuel" is | 7 | | defined as any product
intended
for use or offered for sale as | 8 | | a fuel for engines in which the fuel is injected
into the | 9 | | combustion chamber and ignited by pressure without electric | 10 | | spark.
| 11 | | (c) A tax is imposed upon the privilege of engaging in the | 12 | | business of
selling motor fuel as a retailer or reseller on all | 13 | | motor fuel used in motor
vehicles operating on the public | 14 | | highways and recreational type watercraft
operating upon the | 15 | | waters of this State: (1) at the rate of 3 cents per gallon
on | 16 | | motor fuel owned or possessed by such retailer or reseller at | 17 | | 12:01 a.m. on
August 1, 1989; and (2) at the rate of 3 cents per | 18 | | gallon on motor fuel owned
or possessed by such retailer or | 19 | | reseller at 12:01 A.M. on January 1, 1990.
| 20 | | Retailers and resellers who are subject to this additional | 21 | | tax shall be
required to inventory such motor fuel and pay this | 22 | | additional tax in a
manner prescribed by the Department of | 23 | | Revenue.
| 24 | | The tax imposed in this paragraph (c) shall be in addition | 25 | | to all other
taxes imposed by the State of Illinois or any unit | 26 | | of local government in this
State.
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| 1 | | (d) Except as provided in Section 2a, the collection of a | 2 | | tax based on
gallonage of gasoline used for the propulsion of | 3 | | any aircraft is prohibited
on and after October 1, 1979.
| 4 | | (e) The collection of a tax, based on gallonage of all | 5 | | products commonly or
commercially known or sold as 1-K | 6 | | kerosene, regardless of its classification
or uses, is | 7 | | prohibited (i) on and after July 1, 1992 until December 31, | 8 | | 1999,
except when the 1-K kerosene is either: (1) delivered | 9 | | into bulk storage
facilities of a bulk user, or (2) delivered | 10 | | directly into the fuel supply tanks
of motor vehicles and (ii) | 11 | | on and after January 1, 2000. Beginning on January
1, 2000, the | 12 | | collection of a tax, based on gallonage of all products | 13 | | commonly
or commercially known or sold as 1-K kerosene, | 14 | | regardless of its classification
or uses, is prohibited except | 15 | | when the 1-K kerosene is delivered directly into
a storage tank | 16 | | that is located at a facility that has withdrawal facilities
| 17 | | that are readily accessible to and are capable of dispensing | 18 | | 1-K kerosene into
the fuel supply tanks of motor vehicles. For | 19 | | purposes of this subsection (e), a facility is considered to | 20 | | have withdrawal facilities that are not "readily accessible to | 21 | | and capable of dispensing 1-K kerosene into the fuel supply | 22 | | tanks of motor vehicles" only if the 1-K kerosene is delivered | 23 | | from: (i) a dispenser hose that is short enough so that it will | 24 | | not reach the fuel supply tank of a motor vehicle or (ii) a | 25 | | dispenser that is enclosed by a fence or other physical barrier | 26 | | so that a vehicle cannot pull alongside the dispenser to permit |
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| 1 | | fueling.
| 2 | | Any person who sells or uses 1-K kerosene for use in motor | 3 | | vehicles upon
which the tax imposed by this Law has not been | 4 | | paid shall be liable for any
tax due on the sales or use of 1-K | 5 | | kerosene.
| 6 | | (Source: P.A. 96-1384, eff. 7-29-10.)".
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