Full Text of HB0102 101st General Assembly
HB0102ham002 101ST GENERAL ASSEMBLY | Rep. Michael J. Zalewski Filed: 4/9/2019
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| 1 | | AMENDMENT TO HOUSE BILL 102
| 2 | | AMENDMENT NO. ______. Amend House Bill 102, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Illinois Municipal Code is amended by | 6 | | adding Section 8-11-2.3 as follows: | 7 | | (65 ILCS 5/8-11-2.3 new) | 8 | | Sec. 8-11-2.3. Motor fuel tax. Notwithstanding any other | 9 | | provision of law, in addition to any other tax that may be | 10 | | imposed, if a municipality adopts a responsible bid ordinance | 11 | | that is approved by the Department of Transportation, then the | 12 | | municipality may also impose, by ordinance, a tax on motor fuel | 13 | | at a rate not to exceed $0.03 per gallon. To be approved by the | 14 | | Department pursuant to this Section, any responsible bid | 15 | | ordinance must, at a minimum, require that bidders present | 16 | | satisfactory evidence of compliance with the following: |
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| 1 | | (1) The bidder must comply with all applicable laws | 2 | | concerning the bidder's entitlement to conduct business in | 3 | | Illinois. | 4 | | (2) The bidder must comply with all applicable | 5 | | provisions of the Prevailing Wage Act. | 6 | | (3) The bidder must comply with Subchapter VI ("Equal | 7 | | Employment Opportunities") of Chapter 21 of Title 42 of the | 8 | | United States Code (42 U.S.C. 2000e and following) and with | 9 | | Federal Executive Order No. 11246 as amended by Executive | 10 | | Order No. 11375. | 11 | | (4) The bidder must have a valid Federal Employer | 12 | | Identification Number or, if an individual, a valid Social | 13 | | Security Number. | 14 | | (5) The bidder must have a valid certificate of | 15 | | insurance showing the following coverages: general | 16 | | liability, professional liability, product liability, | 17 | | workers' compensation, completed operations, hazardous | 18 | | occupation, and automobile. | 19 | | (6) The bidder and all bidder's subcontractors must | 20 | | participate in applicable apprenticeship and training | 21 | | programs approved by and registered with the United States | 22 | | Department of Labor's Bureau of Apprenticeship and | 23 | | Training. | 24 | | (7) The bidder must certify that the bidder will | 25 | | maintain an Illinois office as the primary place of | 26 | | employment for persons employed in the construction |
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| 1 | | authorized by the contract. | 2 | | Upon approval, the Department of Transportation shall | 3 | | certify the responsible bid ordinance to the Department of | 4 | | Revenue. The Department of Revenue shall administer and enforce | 5 | | the motor fuel tax on and after the first day of January next | 6 | | following the adoption of the motor fuel tax ordinance. The | 7 | | Department of Revenue shall adopt rules for the implementation | 8 | | and administration of the motor fuel tax. | 9 | | A license that is issued to a distributor or a receiver | 10 | | under the Motor Fuel Tax Law shall permit that distributor or | 11 | | receiver to act as a distributor or receiver, as applicable, | 12 | | under this Section. The provisions of Sections 2b, 2d, 6, 6a, | 13 | | 12, 12a, 13, 13a.2, 13a.7, 13a.8, 15.1, and 21 of the Motor | 14 | | Fuel Tax Law that are not inconsistent with this Section shall | 15 | | apply as far as practicable to the subject matter of this | 16 | | Section to the same extent as if those provisions were included | 17 | | in this Section. | 18 | | The Department shall immediately pay over to the State | 19 | | Treasurer, ex officio, as trustee, all taxes and penalties | 20 | | collected under this Section. Those taxes and penalties shall | 21 | | be deposited into the Municipal Motor Fuel Tax Fund, a trust | 22 | | fund created in the State treasury. Moneys in the Municipal | 23 | | Motor Fuel Tax Fund shall be used to make payments to | 24 | | municipalities and for the payment of refunds under this | 25 | | Section. The amount to be paid to each municipality shall be | 26 | | the amount (not including credit memoranda) collected by the |
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| 1 | | Department from the tax imposed by that municipality under this | 2 | | Section during the second preceding calendar month, plus an | 3 | | amount the Department determines is necessary to offset amounts | 4 | | that were erroneously paid to a different municipality, and not | 5 | | including an amount equal to the amount of refunds made during | 6 | | the second preceding calendar month by the Department on behalf | 7 | | of the municipality, and not including any amount that the | 8 | | Department determines is necessary to offset any amounts that | 9 | | were payable to a different municipality but were erroneously | 10 | | paid to the municipality, less 1.5% of the remainder, which the | 11 | | Department shall transfer into the Tax Compliance and | 12 | | Administration Fund. The Department, at the time of each | 13 | | monthly disbursement, shall prepare and certify to the State | 14 | | Comptroller the amount to be transferred into the Tax | 15 | | Compliance and Administration Fund under this Section. Within | 16 | | 10 days after receipt by the Comptroller of the disbursement | 17 | | certification to the municipalities and the Tax Compliance and | 18 | | Administration Fund provided for in this Section to be given to | 19 | | the Comptroller by the Department, the Comptroller shall cause | 20 | | the orders to be drawn for the respective amounts in accordance | 21 | | with the directions contained in the certification.
| 22 | | Section 99. Effective date. This Act takes effect January | 23 | | 1, 2020.".
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