Full Text of SB2610 100th General Assembly
SB2610ham005 100TH GENERAL ASSEMBLY | Rep. William Davis Filed: 11/14/2018
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| 1 | | AMENDMENT TO SENATE BILL 2610
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2610, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Department of Transportation Law of the
| 6 | | Civil Administrative Code of Illinois is amended by adding | 7 | | Section 2705-615 as follows: | 8 | | (20 ILCS 2705/2705-615 new) | 9 | | Sec. 2705-615. Business enterprise program data. The | 10 | | Department of Transportation shall publish and continuously | 11 | | maintain on its website all relevant data in its possession for | 12 | | establishing regional goals for affected municipalities, | 13 | | counties, and road districts to implement business enterprise | 14 | | programs as provided in Section 8 of the Motor Fuel Tax Law, | 15 | | including: (i) the Department's most recent disparity study; | 16 | | (ii) all other studies and data collected and generated for the |
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| 1 | | Department's calculation of goals for its disadvantaged | 2 | | business enterprise program; and (iii) any lists of available | 3 | | contractors and subcontractors that participate in the | 4 | | Department's disadvantaged business enterprise program. This | 5 | | data shall be published as a public resource to affected | 6 | | municipalities, counties, and road districts but in no | 7 | | circumstance shall the Department be responsible in any way for | 8 | | the implementation of a local disadvantaged business | 9 | | enterprise program.
| 10 | | Section 10. The Motor Fuel Tax Law is amended by changing | 11 | | Section 8 as follows:
| 12 | | (35 ILCS 505/8) (from Ch. 120, par. 424)
| 13 | | Sec. 8. Except as provided in Section 8a, subdivision
| 14 | | (h)(1) of Section 12a, Section 13a.6, and items
13, 14, 15, and | 15 | | 16 of Section 15, all money received by the Department under
| 16 | | this Act, including payments made to the Department by
member | 17 | | jurisdictions participating in the International Fuel Tax | 18 | | Agreement,
shall be deposited in a special fund in the State | 19 | | treasury, to be known as the
"Motor Fuel Tax Fund", and shall | 20 | | be used as follows:
| 21 | | (a) 2 1/2 cents per gallon of the tax collected on special | 22 | | fuel under
paragraph (b) of Section 2 and Section 13a of this | 23 | | Act shall be transferred
to the State Construction Account Fund | 24 | | in the State Treasury;
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| 1 | | (b) $420,000 shall be transferred each month to the State | 2 | | Boating Act
Fund to be used by the Department of Natural | 3 | | Resources for the purposes
specified in Article X of the Boat | 4 | | Registration and Safety Act;
| 5 | | (c) $3,500,000 shall be transferred each month to the Grade | 6 | | Crossing
Protection Fund to be used as follows: not less than | 7 | | $12,000,000 each fiscal
year shall be used for the construction | 8 | | or reconstruction of rail highway grade
separation structures; | 9 | | $2,250,000 in fiscal years 2004 through 2009 and $3,000,000 in | 10 | | fiscal year 2010 and each fiscal
year
thereafter shall be | 11 | | transferred to the Transportation
Regulatory Fund and shall be | 12 | | accounted for as part of the rail carrier
portion of such funds | 13 | | and shall be used to pay the cost of administration
of the | 14 | | Illinois Commerce Commission's railroad safety program in | 15 | | connection
with its duties under subsection (3) of Section | 16 | | 18c-7401 of the Illinois
Vehicle Code, with the remainder to be | 17 | | used by the Department of Transportation
upon order of the | 18 | | Illinois Commerce Commission, to pay that part of the
cost | 19 | | apportioned by such Commission to the State to cover the | 20 | | interest
of the public in the use of highways, roads, streets, | 21 | | or
pedestrian walkways in the
county highway system, township | 22 | | and district road system, or municipal
street system as defined | 23 | | in the Illinois Highway Code, as the same may
from time to time | 24 | | be amended, for separation of grades, for installation,
| 25 | | construction or reconstruction of crossing protection or | 26 | | reconstruction,
alteration, relocation including construction |
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| 1 | | or improvement of any
existing highway necessary for access to | 2 | | property or improvement of any
grade crossing and grade | 3 | | crossing surface including the necessary highway approaches | 4 | | thereto of any
railroad across the highway or public road, or | 5 | | for the installation,
construction, reconstruction, or | 6 | | maintenance of a pedestrian walkway over or
under a railroad | 7 | | right-of-way, as provided for in and in
accordance with Section | 8 | | 18c-7401 of the Illinois Vehicle Code.
The Commission may order | 9 | | up to $2,000,000 per year in Grade Crossing Protection Fund | 10 | | moneys for the improvement of grade crossing surfaces and up to | 11 | | $300,000 per year for the maintenance and renewal of 4-quadrant | 12 | | gate vehicle detection systems located at non-high speed rail | 13 | | grade crossings. The Commission shall not order more than | 14 | | $2,000,000 per year in Grade
Crossing Protection Fund moneys | 15 | | for pedestrian walkways.
In entering orders for projects for | 16 | | which payments from the Grade Crossing
Protection Fund will be | 17 | | made, the Commission shall account for expenditures
authorized | 18 | | by the orders on a cash rather than an accrual basis. For | 19 | | purposes
of this requirement an "accrual basis" assumes that | 20 | | the total cost of the
project is expended in the fiscal year in | 21 | | which the order is entered, while a
"cash basis" allocates the | 22 | | cost of the project among fiscal years as
expenditures are | 23 | | actually made. To meet the requirements of this subsection,
the | 24 | | Illinois Commerce Commission shall develop annual and 5-year | 25 | | project plans
of rail crossing capital improvements that will | 26 | | be paid for with moneys from
the Grade Crossing Protection |
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| 1 | | Fund. The annual project plan shall identify
projects for the | 2 | | succeeding fiscal year and the 5-year project plan shall
| 3 | | identify projects for the 5 directly succeeding fiscal years. | 4 | | The Commission
shall submit the annual and 5-year project plans | 5 | | for this Fund to the Governor,
the President of the Senate, the | 6 | | Senate Minority Leader, the Speaker of the
House of | 7 | | Representatives, and the Minority Leader of the House of
| 8 | | Representatives on
the first Wednesday in April of each year;
| 9 | | (d) of the amount remaining after allocations provided for | 10 | | in
subsections (a), (b) and (c), a sufficient amount shall be | 11 | | reserved to
pay all of the following:
| 12 | | (1) the costs of the Department of Revenue in | 13 | | administering this
Act;
| 14 | | (2) the costs of the Department of Transportation in | 15 | | performing its
duties imposed by the Illinois Highway Code | 16 | | for supervising the use of motor
fuel tax funds apportioned | 17 | | to municipalities, counties and road districts;
| 18 | | (3) refunds provided for in Section 13, refunds for | 19 | | overpayment of decal fees paid under Section 13a.4 of this | 20 | | Act, and refunds provided for under the terms
of the | 21 | | International Fuel Tax Agreement referenced in Section | 22 | | 14a;
| 23 | | (4) from October 1, 1985 until June 30, 1994, the | 24 | | administration of the
Vehicle Emissions Inspection Law, | 25 | | which amount shall be certified monthly by
the | 26 | | Environmental Protection Agency to the State Comptroller |
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| 1 | | and shall promptly
be transferred by the State Comptroller | 2 | | and Treasurer from the Motor Fuel Tax
Fund to the Vehicle | 3 | | Inspection Fund, and for the period July 1, 1994 through
| 4 | | June 30, 2000, one-twelfth of $25,000,000 each month, for | 5 | | the period July 1, 2000 through June 30, 2003,
one-twelfth | 6 | | of
$30,000,000
each month,
and $15,000,000 on July 1, 2003, | 7 | | and $15,000,000 on January 1, 2004, and $15,000,000
on
each
| 8 | | July
1 and October 1, or as soon thereafter as may be | 9 | | practical, during the period July 1, 2004 through June 30, | 10 | | 2012,
and $30,000,000 on June 1, 2013, or as soon | 11 | | thereafter as may be practical, and $15,000,000 on July 1 | 12 | | and October 1, or as soon thereafter as may be practical, | 13 | | during the period of July 1, 2013 through June 30, 2015, | 14 | | for the administration of the Vehicle Emissions Inspection | 15 | | Law of
2005, to be transferred by the State Comptroller and | 16 | | Treasurer from the Motor
Fuel Tax Fund into the Vehicle | 17 | | Inspection Fund;
| 18 | | (5) amounts ordered paid by the Court of Claims; and
| 19 | | (6) payment of motor fuel use taxes due to member | 20 | | jurisdictions under
the terms of the International Fuel Tax | 21 | | Agreement. The Department shall
certify these amounts to | 22 | | the Comptroller by the 15th day of each month; the
| 23 | | Comptroller shall cause orders to be drawn for such | 24 | | amounts, and the Treasurer
shall administer those amounts | 25 | | on or before the last day of each month;
| 26 | | (e) after allocations for the purposes set forth in |
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| 1 | | subsections
(a), (b), (c) and (d), the remaining amount shall | 2 | | be apportioned as follows:
| 3 | | (1) Until January 1, 2000, 58.4%, and beginning January | 4 | | 1, 2000, 45.6%
shall be deposited as follows:
| 5 | | (A) 37% into the State Construction Account Fund, | 6 | | and
| 7 | | (B) 63% into the Road Fund, $1,250,000 of which | 8 | | shall be reserved each
month for the Department of | 9 | | Transportation to be used in accordance with
the | 10 | | provisions of Sections 6-901 through 6-906 of the | 11 | | Illinois Highway Code;
| 12 | | (2) Until January 1, 2000, 41.6%, and beginning January | 13 | | 1, 2000, 54.4%
shall be transferred to the Department of | 14 | | Transportation to be
distributed as follows:
| 15 | | (A) 49.10% to the municipalities of the State,
| 16 | | (B) 16.74% to the counties of the State having | 17 | | 1,000,000 or more inhabitants,
| 18 | | (C) 18.27% to the counties of the State having less | 19 | | than 1,000,000 inhabitants,
| 20 | | (D) 15.89% to the road districts of the State.
| 21 | | As soon as may be after the first day of each month the | 22 | | Department of
Transportation shall allot to each municipality | 23 | | its share of the amount
apportioned to the several | 24 | | municipalities which shall be in proportion
to the population | 25 | | of such municipalities as determined by the last
preceding | 26 | | municipal census if conducted by the Federal Government or
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| 1 | | Federal census. If territory is annexed to any municipality | 2 | | subsequent
to the time of the last preceding census the | 3 | | corporate authorities of
such municipality may cause a census | 4 | | to be taken of such annexed
territory and the population so | 5 | | ascertained for such territory shall be
added to the population | 6 | | of the municipality as determined by the last
preceding census | 7 | | for the purpose of determining the allotment for that
| 8 | | municipality. If the population of any municipality was not | 9 | | determined
by the last Federal census preceding any | 10 | | apportionment, the
apportionment to such municipality shall be | 11 | | in accordance with any
census taken by such municipality. Any | 12 | | municipal census used in
accordance with this Section shall be | 13 | | certified to the Department of
Transportation by the clerk of | 14 | | such municipality, and the accuracy
thereof shall be subject to | 15 | | approval of the Department which may make
such corrections as | 16 | | it ascertains to be necessary.
| 17 | | As soon as may be after the first day of each month the | 18 | | Department of
Transportation shall allot to each county its | 19 | | share of the amount
apportioned to the several counties of the | 20 | | State as herein provided.
Each allotment to the several | 21 | | counties having less than 1,000,000
inhabitants shall be in | 22 | | proportion to the amount of motor vehicle
license fees received | 23 | | from the residents of such counties, respectively,
during the | 24 | | preceding calendar year. The Secretary of State shall, on or
| 25 | | before April 15 of each year, transmit to the Department of
| 26 | | Transportation a full and complete report showing the amount of |
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| 1 | | motor
vehicle license fees received from the residents of each | 2 | | county,
respectively, during the preceding calendar year. The | 3 | | Department of
Transportation shall, each month, use for | 4 | | allotment purposes the last
such report received from the | 5 | | Secretary of State.
| 6 | | As soon as may be after the first day of each month, the | 7 | | Department
of Transportation shall allot to the several | 8 | | counties their share of the
amount apportioned for the use of | 9 | | road districts. The allotment shall
be apportioned among the | 10 | | several counties in the State in the proportion
which the total | 11 | | mileage of township or district roads in the respective
| 12 | | counties bears to the total mileage of all township and | 13 | | district roads
in the State. Funds allotted to the respective | 14 | | counties for the use of
road districts therein shall be | 15 | | allocated to the several road districts
in the county in the | 16 | | proportion which the total mileage of such township
or district | 17 | | roads in the respective road districts bears to the total
| 18 | | mileage of all such township or district roads in the county. | 19 | | After
July 1 of any year prior to 2011, no allocation shall be | 20 | | made for any road district
unless it levied a tax for road and | 21 | | bridge purposes in an amount which
will require the extension | 22 | | of such tax against the taxable property in
any such road | 23 | | district at a rate of not less than either .08% of the value
| 24 | | thereof, based upon the assessment for the year immediately | 25 | | prior to the year
in which such tax was levied and as equalized | 26 | | by the Department of Revenue
or, in DuPage County, an amount |
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| 1 | | equal to or greater than $12,000 per mile of
road under the | 2 | | jurisdiction of the road district, whichever is less. Beginning | 3 | | July 1, 2011 and each July 1 thereafter, an allocation shall be | 4 | | made for any road district
if it levied a tax for road and | 5 | | bridge purposes. In counties other than DuPage County, if the | 6 | | amount of the tax levy requires the extension of the tax | 7 | | against the taxable property in
the road district at a rate | 8 | | that is less than 0.08% of the value
thereof, based upon the | 9 | | assessment for the year immediately prior to the year
in which | 10 | | the tax was levied and as equalized by the Department of | 11 | | Revenue, then the amount of the allocation for that road | 12 | | district shall be a percentage of the maximum allocation equal | 13 | | to the percentage obtained by dividing the rate extended by the | 14 | | district by 0.08%. In DuPage County, if the amount of the tax | 15 | | levy requires the extension of the tax against the taxable | 16 | | property in
the road district at a rate that is less than the | 17 | | lesser of (i) 0.08% of the value
of the taxable property in the | 18 | | road district, based upon the assessment for the year | 19 | | immediately prior to the year
in which such tax was levied and | 20 | | as equalized by the Department of Revenue,
or (ii) a rate that | 21 | | will yield an amount equal to $12,000 per mile of
road under | 22 | | the jurisdiction of the road district, then the amount of the | 23 | | allocation for the road district shall be a percentage of the | 24 | | maximum allocation equal to the percentage obtained by dividing | 25 | | the rate extended by the district by the lesser of (i) 0.08% or | 26 | | (ii) the rate that will yield an amount equal to $12,000 per |
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| 1 | | mile of
road under the jurisdiction of the road district. | 2 | | The Department shall prepare a continuous list (which may | 3 | | include a link to information already maintained on the | 4 | | Department's website) of all affected municipalities, | 5 | | counties, and road districts receiving more than $1,500,000 in | 6 | | motor fuel tax revenue in the previous fiscal year; the | 7 | | Department shall publish and continuously maintain the list on | 8 | | its website. Notwithstanding any other provision of law, no | 9 | | municipality, county, or road district that received | 10 | | distributions under this subsection (e) totaling more than | 11 | | $2,000,000 in any State fiscal year beginning on or after July | 12 | | 1, 2018 shall receive any funds under this subsection (e) on or | 13 | | after July 1 of the third fiscal year to occur after the fiscal | 14 | | year in which the municipality, county, or road district | 15 | | received distributions totaling more than $2,000,000 unless, | 16 | | on or before June 30 of the second fiscal year after the | 17 | | municipality, county, or road district received distributions | 18 | | totaling more than $2,000,000, that municipality, county, or | 19 | | road district implements a disadvantaged business enterprise | 20 | | program setting goals for the inclusion of
minority, veteran, | 21 | | and female-owned businesses in the procurement of all | 22 | | contracts, including, but not limited to, contracts funded | 23 | | using motor fuel tax revenue. Those programs shall (i) cover | 24 | | both professional services and construction procurement and | 25 | | (ii) be substantially similar to the State's disadvantaged | 26 | | business enterprise program for the region in which the |
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| 1 | | municipality, county, or road district is located, as | 2 | | established in the Department's most recent disparity study. | 3 | | The Department of Transportation shall prepare a list of all | 4 | | affected municipalities, counties, and road districts and | 5 | | shall publish the list on its website. Any municipality, | 6 | | county, or road district that is subject to this paragraph may | 7 | | adopt processes requiring disadvantaged business enterprises | 8 | | and non-disadvantaged business enterprises to provide | 9 | | additional documentation and assurances that the enterprise is | 10 | | qualified to complete the necessary work of the contract. No | 11 | | such municipality, county, or road district may adopt separate | 12 | | standards for disadvantaged business enterprises and | 13 | | non-disadvantaged business enterprises. Any additional | 14 | | processes must conform with 49 C.F.R. 26. This amendatory Act | 15 | | of the 100th General Assembly does not apply to any | 16 | | municipality, county, or road district that has established a | 17 | | disadvantaged business enterprise program prior to the | 18 | | effective date of this amendatory Act of the 100th General | 19 | | Assembly, as required by regulations adopted by the United | 20 | | States Department of Transportation at 49 C.F.R. 26. | 21 | | With respect to municipalities, counties, and road | 22 | | districts that are subject to the disadvantaged business | 23 | | enterprise program requirements of the preceding paragraph, | 24 | | when a disadvantaged business enterprise bid price is more than | 25 | | 5% above the non-disadvantaged business enterprise bid price, | 26 | | the municipality, county, or road district may grant a goal |
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| 1 | | modification if it determines that good faith efforts have been | 2 | | met on the part of the prime contractor in accordance with 49 | 3 | | C.F.R. 26. | 4 | | Prior to 2011, if any
road district has levied a special | 5 | | tax for road purposes
pursuant to Sections 6-601, 6-602 and | 6 | | 6-603 of the Illinois Highway Code, and
such tax was levied in | 7 | | an amount which would require extension at a
rate of not less | 8 | | than .08% of the value of the taxable property thereof,
as | 9 | | equalized or assessed by the Department of Revenue,
or, in | 10 | | DuPage County, an amount equal to or greater than $12,000 per | 11 | | mile of
road under the jurisdiction of the road district, | 12 | | whichever is less,
such levy shall, however, be deemed a proper | 13 | | compliance with this
Section and shall qualify such road | 14 | | district for an allotment under this
Section. Beginning in 2011 | 15 | | and thereafter, if any
road district has levied a special tax | 16 | | for road purposes
under Sections 6-601, 6-602, and 6-603 of the | 17 | | Illinois Highway Code, and
the tax was levied in an amount that | 18 | | would require extension at a
rate of not less than 0.08% of the | 19 | | value of the taxable property of that road district,
as | 20 | | equalized or assessed by the Department of Revenue or, in | 21 | | DuPage County, an amount equal to or greater than $12,000 per | 22 | | mile of road under the jurisdiction of the road district, | 23 | | whichever is less, that levy shall be deemed a proper | 24 | | compliance with this
Section and shall qualify such road | 25 | | district for a full, rather than proportionate, allotment under | 26 | | this
Section. If the levy for the special tax is less than |
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| 1 | | 0.08% of the value of the taxable property, or, in DuPage | 2 | | County if the levy for the special tax is less than the lesser | 3 | | of (i) 0.08% or (ii) $12,000 per mile of road under the | 4 | | jurisdiction of the road district, and if the levy for the | 5 | | special tax is more than any other levy for road and bridge | 6 | | purposes, then the levy for the special tax qualifies the road | 7 | | district for a proportionate, rather than full, allotment under | 8 | | this Section. If the levy for the special tax is equal to or | 9 | | less than any other levy for road and bridge purposes, then any | 10 | | allotment under this Section shall be determined by the other | 11 | | levy for road and bridge purposes. | 12 | | Prior to 2011, if a township has transferred to the road | 13 | | and bridge fund
money which, when added to the amount of any | 14 | | tax levy of the road
district would be the equivalent of a tax | 15 | | levy requiring extension at a
rate of at least .08%, or, in | 16 | | DuPage County, an amount equal to or greater
than $12,000 per | 17 | | mile of road under the jurisdiction of the road district,
| 18 | | whichever is less, such transfer, together with any such tax | 19 | | levy,
shall be deemed a proper compliance with this Section and | 20 | | shall qualify
the road district for an allotment under this | 21 | | Section.
| 22 | | In counties in which a property tax extension limitation is | 23 | | imposed
under the Property Tax Extension Limitation Law, road | 24 | | districts may retain
their entitlement to a motor fuel tax | 25 | | allotment or, beginning in 2011, their entitlement to a full | 26 | | allotment if, at the time the property
tax
extension limitation |
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| 1 | | was imposed, the road district was levying a road and
bridge | 2 | | tax at a rate sufficient to entitle it to a motor fuel tax | 3 | | allotment
and continues to levy the maximum allowable amount | 4 | | after the imposition of the
property tax extension limitation. | 5 | | Any road district may in all circumstances
retain its | 6 | | entitlement to a motor fuel tax allotment or, beginning in | 7 | | 2011, its entitlement to a full allotment if it levied a road | 8 | | and
bridge tax in an amount that will require the extension of | 9 | | the tax against the
taxable property in the road district at a | 10 | | rate of not less than 0.08% of the
assessed value of the | 11 | | property, based upon the assessment for the year
immediately | 12 | | preceding the year in which the tax was levied and as equalized | 13 | | by
the Department of Revenue or, in DuPage County, an amount | 14 | | equal to or greater
than $12,000 per mile of road under the | 15 | | jurisdiction of the road district,
whichever is less.
| 16 | | As used in this Section the term "road district" means any | 17 | | road
district, including a county unit road district, provided | 18 | | for by the
Illinois Highway Code; and the term "township or | 19 | | district road"
means any road in the township and district road | 20 | | system as defined in the
Illinois Highway Code. For the | 21 | | purposes of this Section, "township or
district road" also | 22 | | includes such roads as are maintained by park
districts, forest | 23 | | preserve districts and conservation districts. The
Department | 24 | | of Transportation shall determine the mileage of all township
| 25 | | and district roads for the purposes of making allotments and | 26 | | allocations of
motor fuel tax funds for use in road districts.
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| 1 | | Payment of motor fuel tax moneys to municipalities and | 2 | | counties shall
be made as soon as possible after the allotment | 3 | | is made. The treasurer
of the municipality or county may invest | 4 | | these funds until their use is
required and the interest earned | 5 | | by these investments shall be limited
to the same uses as the | 6 | | principal funds.
| 7 | | (Source: P.A. 97-72, eff. 7-1-11; 97-333, eff. 8-12-11; 98-24, | 8 | | eff. 6-19-13; 98-674, eff. 6-30-14.)
| 9 | | Section 97. Severability. The provisions of this Act are | 10 | | severable under Section 1.31 of the Statute on Statutes.
| 11 | | Section 99. Effective date. This Act takes effect upon | 12 | | becoming law.".
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