Full Text of SB0103 101st General Assembly
SB0103sam001 101ST GENERAL ASSEMBLY | Sen. Martin A. Sandoval Filed: 3/15/2019
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| 1 | | AMENDMENT TO SENATE BILL 103
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 103 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Department of Human Services Act is amended | 5 | | by adding Section 10-48 as follows: | 6 | | (20 ILCS 1305/10-48 new) | 7 | | Sec. 10-48. Youth Training and Education in the Building | 8 | | Trades Program. | 9 | | (a) Subject to appropriations, the Department shall | 10 | | establish a Youth Training and Education in the Building Trades | 11 | | Program to award grants to community-based organizations for | 12 | | the purpose of establishing training programs for youth with an | 13 | | interest in the building trades. Under the training programs, | 14 | | each participating youth shall receive the following: | 15 | | (1) Formal training and education in the fundamentals | 16 | | and core competencies in the youth's chosen trade. Such |
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| 1 | | training and education shall be provided by a trained and | 2 | | skilled tradesman or journeyman who is a member of a trade | 3 | | union and who is paid the general prevailing rate of hourly | 4 | | wages in the locality in which the work is to be performed. | 5 | | (2) Hands-on experience to further develop the youth's | 6 | | building trade skills by participating in community | 7 | | improvement projects involving the rehabilitation of | 8 | | vacant and abandoned residential property in economically | 9 | | depressed areas of the State. | 10 | | Selected organizations shall also use the grant money to | 11 | | establish an entrepreneurship program to provide eligible | 12 | | youth with the capital and business management skills necessary | 13 | | to successfully launch their own businesses as contractors, | 14 | | subcontractors, real estate agents, or property managers or as | 15 | | entrepreneurs in the building trades. Eligibility under the | 16 | | entrepreneurship program shall be restricted to youth who | 17 | | reside in one of the economically depressed areas selected to | 18 | | receive community improvement projects in accordance with this | 19 | | subsection (a) and who have obtained the requisite skill set | 20 | | for a particular building trade after successfully completing a | 21 | | training program established in accordance with this | 22 | | subsection (a). Grants provided under this Section may also be | 23 | | used to purchase the equipment and materials needed to | 24 | | rehabilitate any vacant and abandoned residential property | 25 | | that is eligible for acquisition as described in subsection | 26 | | (b). |
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| 1 | | (b) Property eligible for acquisition and rehabilitation | 2 | | under the Youth Training and Education in the Building Trade | 3 | | Program. | 4 | | (1) A community-based organization that is selected to | 5 | | participate in the Youth Training and Education in the | 6 | | Building Trades Program may enter into an agreement with a | 7 | | financial institution to rehabilitate abandoned | 8 | | residential property in foreclosure with the express | 9 | | condition that, after the rehabilitation project is | 10 | | complete, the financial institution shall: | 11 | | (A) sell the residential property for no less than | 12 | | its fair market value; and | 13 | | (B) use any proceeds from the sale to (i) reimburse | 14 | | the community-based organization for all costs | 15 | | associated with rehabilitating the property and (ii) | 16 | | make satisfactory payment for any other claims against | 17 | | the property. Any remaining sale proceeds of the | 18 | | residential property shall be retained by the | 19 | | financial institution. | 20 | | (2)(A) A unit of local government may enact an | 21 | | ordinance that permits the acquisition and rehabilitation | 22 | | of abandoned residential property under the Youth Training | 23 | | and Education in the Building Trades Program. Under the | 24 | | ordinance, any owner of residential property that as been | 25 | | abandoned for at least 3 years shall be notified that the | 26 | | abandoned property is subject to acquisition and |
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| 1 | | rehabilitation under the Program and that if the owner does | 2 | | not respond to the notice within the time period prescribed | 3 | | by the unit of local government, the owner shall lose all | 4 | | right, title, and interest in the property. Such notice | 5 | | shall be given as follows: | 6 | | (i) by mailing a copy of the notice by certified | 7 | | mail to the owner's last known mailing address; | 8 | | (ii) by publication in a newspaper published in the | 9 | | municipality or county where the property is located; | 10 | | and | 11 | | (iii) by recording the notice with the office of | 12 | | the recorder of the county in which the property is | 13 | | located. | 14 | | (B) If the owner responds to the notice within the time | 15 | | period prescribed by the unit of local government, the | 16 | | owner shall be given the option to either bring the | 17 | | property into compliance with all applicable fire, | 18 | | housing, and building codes within 6 months or enter into | 19 | | an agreement with a community-based organization under the | 20 | | Program to rehabilitate the residential property. If the | 21 | | owner chooses to enter into an agreement with a | 22 | | community-based organization to rehabilitate the | 23 | | residential property, the agreement shall be made with the | 24 | | express condition that, after the rehabilitation project | 25 | | is complete, the owner shall: | 26 | | (i) sell the residential property for no less than |
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| 1 | | its fair market value; and | 2 | | (ii) use any proceeds from the sale to (a) | 3 | | reimburse the community-based organization for all | 4 | | costs associated with rehabilitating the property and | 5 | | (b) make satisfactory payment for any other claims | 6 | | against the property. Any remaining sale proceeds of | 7 | | the residential property shall be distributed as | 8 | | follows: | 9 | | (I) 20% shall be distributed to the owner. | 10 | | (II) 80% shall be deposited into the Youth | 11 | | Training and Education in the Building Trades Fund | 12 | | created under subsection (e). | 13 | | (c) The Department shall select from each of the following | 14 | | geographical regions of the State a community-based | 15 | | organization with experience working with the building trades: | 16 | | (1) Central Illinois. | 17 | | (2) Northeastern Illinois. | 18 | | (3) Southern (Metro-East) Illinois. | 19 | | (d) The grants shall be funded through appropriations and | 20 | | any other moneys from the Youth Training and Education in the | 21 | | Building Trades Fund created under subsection (e). The | 22 | | Department may adopt any rules necessary to implement the | 23 | | provisions of this Section. | 24 | | (e) The Youth Training and Education in the Building Trades | 25 | | Fund is created as a special fund in the State treasury. The | 26 | | Fund shall consist of any moneys deposited into the Fund as |
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| 1 | | provided in subparagraph (B) of paragraph (2) of subsection (b) | 2 | | and any moneys appropriated to the Department of Human Services | 3 | | to be deposited into the Fund as determined by the Secretary. | 4 | | Moneys in the Fund shall be expended for the Youth Training and | 5 | | Education in the Building Trades Program under subsection (a) | 6 | | and for no other purpose. All interest earned on moneys in the | 7 | | Fund shall be deposited into the Fund. | 8 | | Section 10. The Department of Transportation Law of the
| 9 | | Civil Administrative Code of Illinois is amended by adding | 10 | | Sections 2705-201 and 2705-202 as follows: | 11 | | (20 ILCS 2705/2705-201 new) | 12 | | Sec. 2705-201. Sec. 201. Statewide prioritization process | 13 | | for project selection. | 14 | | (a) The Department of Transportation shall develop and | 15 | | implement a prioritization process for projects to improve the | 16 | | efficiency and effectiveness of the State's transportation | 17 | | system, transportation safety, transportation accessibility | 18 | | for people and freight, environmental quality, and economic | 19 | | development in the State. | 20 | | (b) Subject to the limitations of subsection (c), the | 21 | | Department shall develop, in accordance with federal | 22 | | transportation requirements, and in cooperation with | 23 | | metropolitan planning organizations within the State, the | 24 | | Regional Transportation Authority, the Illinois State Toll |
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| 1 | | Highway Authority, and any other State transportation agency, a | 2 | | statewide prioritization process for the use of State funds as | 3 | | determined by the Project Selection Committee or apportioned | 4 | | under Section 104 of Title 23 of the United States Code. Such | 5 | | prioritization process shall be used for the development of | 6 | | programs for highway improvement under Section 2705-200 of this | 7 | | Act, and shall consider, at a minimum, highway, transit, rail, | 8 | | roadway, technology operational improvements, and | 9 | | transportation demand management strategies. | 10 | | (1) The prioritization process shall be based on an | 11 | | objective and quantifiable analysis that considers, at a | 12 | | minimum, the following factors relative to the cost of the | 13 | | project or strategy: congestion mitigation, economic | 14 | | development, accessibility, safety, and environmental | 15 | | quality. | 16 | | (2) Prior to the analysis in paragraph (1), candidate | 17 | | projects and strategies shall be screened by the Project | 18 | | Selection Committee to determine whether they are | 19 | | consistent with goals identified in the Department's | 20 | | master plan pursuant to Section 2705-200. | 21 | | (3) The Project Selection Committee shall weigh | 22 | | factors used in paragraph (1) for each of the State's | 23 | | highway construction districts. The Project Selection | 24 | | Committee may assign different weights to the factors, | 25 | | within each highway construction district, based on the | 26 | | unique needs and qualities of each. |
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| 1 | | (4)_The Project Selection Committee shall solicit | 2 | | input from localities, metropolitan planning | 3 | | organizations, transit authorities, other transportation | 4 | | authorities, and other stakeholders in its development of | 5 | | the prioritization process pursuant to this Section. | 6 | | Further, the Committee shall explicitly consider input | 7 | | provided by an applicable metropolitan planning | 8 | | organization or the Regional Transportation Authority when | 9 | | developing the weighing of factors pursuant to paragraph | 10 | | (3) for a metropolitan planning area with a population over | 11 | | 200,000 individuals. | 12 | | (c) The prioritization process developed under subsection | 13 | | (b) shall not apply to the following: projects determined by | 14 | | the Project Selection Committee deemed not to be appropriate | 15 | | for use under this Section; projects funded by the Congestion | 16 | | Mitigation Air Quality funds apportioned to the State under | 17 | | paragraph (4) of subsection (b) of Section 104 of Title 23 of | 18 | | the United States Code and state matching funds; projects | 19 | | funded by the Highway Safety Improvement Program funds | 20 | | apportioned to the State under paragraph (3) of subsection (b) | 21 | | of Section 104 of Title 23 of the United States Code and state | 22 | | matching funds; and projects funded by the Surface | 23 | | Transportation Block Grant Program under Section 133 of Title | 24 | | 23 of the United States Code and state matching funds. | 25 | | (d) For the purposes of this Section, "Project Selection | 26 | | Committee" means the Project Selection Committee established |
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| 1 | | under Section 2705-202. | 2 | | (20 ILCS 2705/2705-202 new) | 3 | | Sec. 2705-202. Project Selection Committee. | 4 | | (a) The Project Selection Committee is hereby created. The | 5 | | Project Selection Committee shall have a total of 17 members | 6 | | that shall consist of 13 non-legislator citizen members and 4 | 7 | | ex officio members as follows: the Secretary of Transportation, | 8 | | the Director of the Office of Highway Project Implementation, | 9 | | the Director of the Office of Intermodal Project | 10 | | Implementation, and the Director of the Office of Planning and | 11 | | Programming. | 12 | | (1) The non-legislator citizen members shall be | 13 | | appointed by the Governor with the advice and consent of | 14 | | the Senate. Appointments of non-legislator citizen members | 15 | | shall be for terms of 4 years commencing on July 1 after | 16 | | the effective date of this amendatory Act of the 101st | 17 | | General Assembly. No non-legislator citizen member shall | 18 | | be eligible to serve more than 2 consecutive 4-year terms. | 19 | | The remainder of any term to which a member is appointed to | 20 | | fill a vacancy shall not constitute a term in determining | 21 | | that member's eligibility for reappointments. | 22 | | (2) Ex officio members of the Committee shall serve | 23 | | terms that coincide with their terms of office. | 24 | | (3) Vacancies shall be filled in the same manner as | 25 | | original appointments. |
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| 1 | | (4) If a vacancy in membership under paragraph (1) | 2 | | occurs at a time when the Senate is not in session, the | 3 | | Governor shall make a temporary appointment until the next | 4 | | meeting of the Senate, when he or she shall appoint, by and | 5 | | with the advice and consent of the Senate, a person to fill | 6 | | that membership for the unexpired term. If the Senate is | 7 | | not in session when the initial appointments are made, | 8 | | those appointments shall be made as in the case of | 9 | | vacancies. | 10 | | (5) The Committee shall be deemed established on the | 11 | | date that a majority of the total number of members has | 12 | | been appointed, regardless of whether any of those initial | 13 | | members are then serving pursuant to appointment and | 14 | | confirmation or pursuant to temporary appointments that | 15 | | are made by the Governor as in the case of vacancies. | 16 | | (b) Of the members appointed to the Committee, 9 shall | 17 | | represent each of the Department's Districts. Of those 9, one | 18 | | of each shall be a resident living within each of the | 19 | | Department's Districts. The remaining 4 members shall be | 20 | | appointed from the State at large. At least 2 of those 4 | 21 | | members shall reside in urbanized areas with populations | 22 | | greater than 200,000, and shall be designated as urban at-large | 23 | | members. At least 2 of those 4 members shall reside outside | 24 | | urbanized areas with populations greater than 200,000, and | 25 | | shall be designated as rural at-large members. The at-large | 26 | | members shall be appointed to represent rural and urban |
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| 1 | | transportation needs and to be mindful of the concerns of | 2 | | seaports and seaport users, airports and airport users, | 3 | | railways and railway users, and mass transit and mass transit | 4 | | users. Each appointed member of the Committee shall be | 5 | | primarily mindful of the best interest of the State at large | 6 | | instead of the interests of the Department District from which | 7 | | chosen or of the transportation interest represented. | 8 | | (c) The Secretary shall serve as Chairman of the Committee | 9 | | and shall have voting privileges only in the event of a tie. | 10 | | The senior non-legislator citizen member shall serve as | 11 | | Vice-Chairman of the Committee and shall preside during the | 12 | | absence of the Chairman. If more than one non-legislator | 13 | | citizen member of the Committee may be considered the senior | 14 | | non-legislator citizen member, the Committee shall elect the | 15 | | Vice-Chairman from the senior non-legislator citizen members. | 16 | | The Director of the Office of Highway Project Implementation, | 17 | | the Director of the Office of Intermodal Project | 18 | | Implementation, and the Director of the Office of Planning and | 19 | | Programming shall not have voting privileges. | 20 | | (d) The Committee shall meet at least once every 3 months | 21 | | and at such other times, on the call of the Chairman or of a | 22 | | majority of the members, as may be deemed necessary to transact | 23 | | business as may properly be brought before it. Seven members | 24 | | shall constitute a quorum of the Committee for all purposes. | 25 | | For a transportation project valued in excess of $25,000,000 | 26 | | that is located wholly within a single highway district, the |
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| 1 | | Committee shall hold at least one hearing in the highway | 2 | | district where the project being considered is located to | 3 | | discuss the project prior to a meeting at which a vote on | 4 | | program funds for the project will be taken. | 5 | | It shall be the duty of the Committee to keep accurate | 6 | | minutes of all meetings of the Committee, in which shall be set | 7 | | forth all acts and proceedings of the Committee in carrying out | 8 | | the provisions of this Section. | 9 | | (e) The members of the Committee shall receive no | 10 | | compensation or reimbursement of expenses in the performance of | 11 | | their duties. | 12 | | Section 15. The Illinois Housing Development Act is amended | 13 | | by adding Section 7.32 as follows: | 14 | | (20 ILCS 3805/7.32 new) | 15 | | Sec. 7.32. Training Youth in the Building Trades Program. | 16 | | (a) Subject to appropriations, the Illinois Housing | 17 | | Development Authority shall establish a Training Youth in the | 18 | | Building Trades Program to award grants to community-based | 19 | | organizations for the purpose of establishing training | 20 | | programs for youth with an interest in the building trades. | 21 | | Under the training programs, each participating youth shall | 22 | | receive the following: | 23 | | (1) Formal training and education in the fundamentals | 24 | | and core competencies in the youth's chosen trade. The |
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| 1 | | training and education shall be provided by a trained and | 2 | | skilled tradesman or journeyman who is a member of a trade | 3 | | union and who is paid in the general prevailing rate of | 4 | | hourly wages in the locality in which the work is to be | 5 | | performed. | 6 | | (2) Hands-on experience to further develop the youth's | 7 | | building trade skills by participating in community | 8 | | improvement projects involving the rehabilitation of | 9 | | vacant and abandoned residential property in economically | 10 | | depressed areas of the State. | 11 | | Selected organizations shall also use the grant money to | 12 | | establish an entrepreneurship program to provide eligible | 13 | | youth with the capital and business management skills necessary | 14 | | to successfully launch their own businesses as contractors, | 15 | | subcontractors, real estate agents, or property managers or as | 16 | | entrepreneurs in the building trades. Eligibility under the | 17 | | entrepreneurship program shall be restricted to youth who | 18 | | reside in one of the economically depressed areas selected to | 19 | | receive community improvement projects in accordance with this | 20 | | subsection (a) and who have obtained the requisite skill set | 21 | | for a particular building trade after successfully completing a | 22 | | training program established in accordance with this | 23 | | subsection (a). Grants provided under this Section may also be | 24 | | used to purchase the equipment and materials needed to | 25 | | rehabilitate any vacant and abandoned residential property | 26 | | that is eligible for acquisition as described in subsection |
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| 1 | | (b). | 2 | | (b) Property eligible for acquisition and rehabilitation | 3 | | under the Training Youth in the Building Trade Program. | 4 | | (1) A community-based organization that is selected to | 5 | | participate in the Training Youth in the Building Trades | 6 | | Program may enter into an agreement with a financial | 7 | | institution to rehabilitate abandoned residential property | 8 | | in foreclosure with the express condition that, after the | 9 | | rehabilitation project is complete, the financial | 10 | | institution shall: | 11 | | (A) sell the residential property for no less than | 12 | | its fair market value; and | 13 | | (B) use any proceeds from the sale to (i) reimburse | 14 | | the community-based organization for all costs | 15 | | associated with rehabilitating the property and (ii) | 16 | | make satisfactory payment for any other claims against | 17 | | the property. Any remaining sale proceeds of the | 18 | | residential property shall be retained by the | 19 | | financial institution. | 20 | | (2)(A) A unit of local government may enact an | 21 | | ordinance that permits the acquisition and rehabilitation | 22 | | of abandoned residential property under the Training Youth | 23 | | in the Building Trades Program. Under the ordinance, any | 24 | | owner of residential property that has been abandoned for | 25 | | at least 3 years shall be notified that the abandoned | 26 | | property is subject to acquisition and rehabilitation |
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| 1 | | under the Program and that if the owner does not respond to | 2 | | the notice within the time period prescribed by the unit of | 3 | | local government, the owner shall lose all right, title, | 4 | | and interest in the property. The notice shall be given as | 5 | | follows: | 6 | | (i) by mailing a copy of the notice by certified | 7 | | mail to the owner's last known mailing address; | 8 | | (ii) by publication in a newspaper published in the | 9 | | municipality or county where the property is located; | 10 | | and | 11 | | (iii) by recording the notice with the office of | 12 | | the recorder of the county in which the property is | 13 | | located. | 14 | | (B) If the owner responds to the notice within the time | 15 | | period prescribed by the unit of local government, the | 16 | | owner shall be given the option to either bring the | 17 | | property into compliance with all applicable fire, | 18 | | housing, and building codes within 6 months or enter into | 19 | | an agreement with a community-based organization under the | 20 | | Program to rehabilitate the residential property. If the | 21 | | owner chooses to enter into an agreement with a | 22 | | community-based organization to rehabilitation the | 23 | | residential property, such agreement shall be made with the | 24 | | express condition that, after the rehabilitation project | 25 | | is complete, the owner shall: | 26 | | (i) sell the residential property for no less than |
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| 1 | | its fair market value; and | 2 | | (ii) use any proceeds from the sale to (a) | 3 | | reimburse the community-based organization for all | 4 | | costs associated with rehabilitating the property and | 5 | | (b) make satisfactory payment for any other claims | 6 | | against the property. Any remaining sale proceeds of | 7 | | the residential property shall be distributed as | 8 | | follows: | 9 | | (I) 20% shall be distributed to the owner. | 10 | | (II) 80% shall be deposited into the Training | 11 | | Youth in the Building Trades Fund created under | 12 | | subsection (e). | 13 | | (c) The Illinois Housing Development Authority shall | 14 | | select from each of the following geographical regions of the | 15 | | State a community-based organization with experience working | 16 | | with the building trades: | 17 | | (1) Central Illinois. | 18 | | (2) Northeastern Illinois. | 19 | | (3) Southern (Metro-East) Illinois. | 20 | | (d) The grants shall be funded through appropriations and | 21 | | any other moneys from the Training Youth in the Building Trades | 22 | | Fund created under subsection (e). The Illinois Housing | 23 | | Development Authority may adopt any rules necessary to | 24 | | implement the provisions of this Section. | 25 | | (e) The Training Youth in the Building Trades Fund is | 26 | | created as a special fund in the State treasury. The Fund shall |
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| 1 | | consist of any moneys deposited into the Fund as provided in | 2 | | subparagraph (B) of paragraph (2) of subsection (b) and any | 3 | | moneys appropriated to the Department of Human Services for the | 4 | | Fund as determined by the Secretary. Moneys in the Fund shall | 5 | | be expended for the Training Youth in the Building Trades | 6 | | Program under subsection (a) and for no other purpose. All | 7 | | interest earned on moneys in the Fund shall be deposited into | 8 | | the Fund. | 9 | | Section 20. The State Finance Act is amended by adding | 10 | | Sections 5.891, 5.893, and 6z-107 as follows: | 11 | | (30 ILCS 105/5.891 new) | 12 | | Sec. 5.891. The Youth Training and Education in the | 13 | | Building Trades Fund. | 14 | | (30 ILCS 105/5.893 new) | 15 | | Sec. 5.893. The Training Youth in the Building Trades Fund. | 16 | | (30 ILCS 105/6z-107 new) | 17 | | Sec. 6z-107. The Transit Capital Projects Fund. | 18 | | (a) The Transit Capital Projects Fund is created as a | 19 | | special fund in the State treasury. | 20 | | (b) Subject to appropriation, the Department of | 21 | | Transportation shall make lump sum distributions from the | 22 | | Transit Capital Projects Fund beginning as soon as possible |
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| 1 | | after the effective date of this amendatory Act of the 101st | 2 | | General Assembly, and for each July 1 thereafter, to the | 3 | | recipients of the amounts specified in subsection (c). The | 4 | | recipients must use the moneys for capital projects or the | 5 | | payment of debt service on bonds issued for capital projects. | 6 | | (c) Each year's distribution under subsection (b) shall be | 7 | | as follows: (1) 70% to the Regional Transportation Authority; | 8 | | and (2) the remainder of the money shall be transferred to the | 9 | | Downstate Transit Improvement Fund to make competitive capital | 10 | | grants for transit agencies in Illinois other than the Regional | 11 | | Transportation Authority. | 12 | | Section 25. The Illinois Income Tax Act is amended by | 13 | | adding Section 229 as follows: | 14 | | (35 ILCS 5/229 new) | 15 | | Sec. 229. Apprenticeship education expense credit. | 16 | | (a) For tax years ending on or after December 31, 2019, a | 17 | | taxpayer who is the employer of one or more qualifying | 18 | | apprentices shall be allowed a credit against the tax imposed | 19 | | by subsections (a) and (b) of Section 201 for qualified | 20 | | education expenses incurred on behalf of a qualifying | 21 | | apprentice. The credit shall be equal to 100% of qualified | 22 | | education expenses, but in no event may the total credit amount | 23 | | awarded to a single taxpayer in a single taxable year exceed | 24 | | $3,500. In no event shall a credit under this Section reduce |
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| 1 | | the taxpayer's liability under this Act to less than zero. | 2 | | If the taxpayer is a partnership or Subchapter S | 3 | | corporation, the credit shall be allowed to the partners or | 4 | | shareholders in accordance with the determination of Income and | 5 | | distributive share of income under Sections 702 and 704 and | 6 | | Subchapter S of the Internal Revenue Code. | 7 | | (b) The taxpayer shall provide the Department such | 8 | | information as the Department may require, including, but not | 9 | | limited to: (1) the name, age, and taxpayer identification | 10 | | number of each qualifying apprentice employed by the taxpayer | 11 | | during the taxable year; (2) the amount of qualified education | 12 | | expenses incurred with respect to each qualifying apprentice; | 13 | | and (3) the name of the school at which the qualifying | 14 | | apprentice is enrolled and the qualified education expenses are | 15 | | incurred. | 16 | | (c) For purposes of this Section: | 17 | | "Employer" means an Illinois taxpayer who is the employer | 18 | | of the qualifying apprentice. | 19 | | "Qualifying apprentices" means individuals who (1) are | 20 | | residents of the State of Illinois, (2) are between the ages of | 21 | | 16 and 30 years old at the close of the school year for which a | 22 | | credit is sought, (3) during the school year for which a credit | 23 | | is sought were full-time apprentices enrolled in an | 24 | | apprenticeship program which is registered with the United | 25 | | States Department of Labor, Office of Apprenticeship, and (4) | 26 | | are employed in Illinois by the taxpayer who is the employer. |
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| 1 | | "Qualified education expense" means the amount incurred on | 2 | | behalf of a qualifying apprentice not to exceed $3,500 for | 3 | | tuition, book fees, and lab fees at the school or community | 4 | | college in which the apprentice is enrolled during the regular | 5 | | school year. | 6 | | "School" means any public or nonpublic secondary school in | 7 | | Illinois that is: (1) an institution of higher education that | 8 | | provides a program that leads to industry-recognized | 9 | | post-secondary credential or degree; (2) an entity that carries | 10 | | out programs registered under the federal National | 11 | | Apprenticeship Act; or (3) another public or private provider | 12 | | of a program of training services, which may include a joint | 13 | | labor-management organization. | 14 | | (d) This Section is exempt from the provisions of Section | 15 | | 250. | 16 | | Section 30. The Motor Fuel Tax Law is amended by changing | 17 | | Section 2 and by adding Section 2e as follows:
| 18 | | (35 ILCS 505/2) (from Ch. 120, par. 418)
| 19 | | Sec. 2.
A tax is imposed on the privilege of operating | 20 | | motor vehicles
upon the public highways and recreational-type | 21 | | watercraft upon the waters
of this State.
| 22 | | (a) Prior to August 1, 1989, the tax is imposed at the rate | 23 | | of 13 cents
per gallon on all motor fuel used in motor vehicles | 24 | | operating on the public
highways and recreational type |
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| 1 | | watercraft operating upon the waters of this
State. Beginning | 2 | | on August 1, 1989 and until January 1, 1990, the rate of the
| 3 | | tax imposed in this paragraph shall be 16 cents per gallon. | 4 | | Beginning January
1, 1990 and until July 1, 2019 , the rate of | 5 | | tax imposed in this paragraph, including the tax on compressed | 6 | | natural gas, shall be 19 cents per
gallon. Beginning on July 1, | 7 | | 2019 and until July 1, 2020, the rate of the tax imposed in | 8 | | this paragraph (a) shall be 38 cents per gallon. Beginning July | 9 | | 1, 2020, and each July 1 through June 30 thereafter, the | 10 | | Department shall determine an applicable rate equal to the | 11 | | product of: (1) The rate in effect on June 30 multiplied by
(2) | 12 | | the fuel tax index factor determined under Section 2e of this | 13 | | Law.
| 14 | | The rate shall be rounded to the nearest cent. However, | 15 | | after June 30, 2020, the new applicable rate may not exceed the | 16 | | rate in effect on June 30, 2020 plus one cent. The Department | 17 | | shall publish the rate that will take effect on July 1 of each | 18 | | year on the Department's Internet website not later than June 1 | 19 | | of that year. | 20 | | (b) The tax on the privilege of operating motor vehicles | 21 | | which use diesel
fuel, liquefied natural gas, or propane shall | 22 | | be the rate according to paragraph (a) plus an additional 5 2 | 23 | | 1/2
cents per gallon. "Diesel fuel" is defined as any product
| 24 | | intended
for use or offered for sale as a fuel for engines in | 25 | | which the fuel is injected
into the combustion chamber and | 26 | | ignited by pressure without electric spark.
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| 1 | | (c) A tax is imposed upon the privilege of engaging in the | 2 | | business of
selling motor fuel as a retailer or reseller on all | 3 | | motor fuel used in motor
vehicles operating on the public | 4 | | highways and recreational type watercraft
operating upon the | 5 | | waters of this State: (1) at the rate of 3 cents per gallon
on | 6 | | motor fuel owned or possessed by such retailer or reseller at | 7 | | 12:01 a.m. on
August 1, 1989; and (2) at the rate of 3 cents per | 8 | | gallon on motor fuel owned
or possessed by such retailer or | 9 | | reseller at 12:01 A.M. on January 1, 1990.
| 10 | | Retailers and resellers who are subject to this additional | 11 | | tax shall be
required to inventory such motor fuel and pay this | 12 | | additional tax in a
manner prescribed by the Department of | 13 | | Revenue.
| 14 | | The tax imposed in this paragraph (c) shall be in addition | 15 | | to all other
taxes imposed by the State of Illinois or any unit | 16 | | of local government in this
State.
| 17 | | (d) Except as provided in Section 2a, the collection of a | 18 | | tax based on
gallonage of gasoline used for the propulsion of | 19 | | any aircraft is prohibited
on and after October 1, 1979.
| 20 | | (e) The collection of a tax, based on gallonage of all | 21 | | products commonly or
commercially known or sold as 1-K | 22 | | kerosene, regardless of its classification
or uses, is | 23 | | prohibited (i) on and after July 1, 1992 until December 31, | 24 | | 1999,
except when the 1-K kerosene is either: (1) delivered | 25 | | into bulk storage
facilities of a bulk user, or (2) delivered | 26 | | directly into the fuel supply tanks
of motor vehicles and (ii) |
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| 1 | | on and after January 1, 2000. Beginning on January
1, 2000, the | 2 | | collection of a tax, based on gallonage of all products | 3 | | commonly
or commercially known or sold as 1-K kerosene, | 4 | | regardless of its classification
or uses, is prohibited except | 5 | | when the 1-K kerosene is delivered directly into
a storage tank | 6 | | that is located at a facility that has withdrawal facilities
| 7 | | that are readily accessible to and are capable of dispensing | 8 | | 1-K kerosene into
the fuel supply tanks of motor vehicles. For | 9 | | purposes of this subsection (e), a facility is considered to | 10 | | have withdrawal facilities that are not "readily accessible to | 11 | | and capable of dispensing 1-K kerosene into the fuel supply | 12 | | tanks of motor vehicles" only if the 1-K kerosene is delivered | 13 | | from: (i) a dispenser hose that is short enough so that it will | 14 | | not reach the fuel supply tank of a motor vehicle or (ii) a | 15 | | dispenser that is enclosed by a fence or other physical barrier | 16 | | so that a vehicle cannot pull alongside the dispenser to permit | 17 | | fueling.
| 18 | | Any person who sells or uses 1-K kerosene for use in motor | 19 | | vehicles upon
which the tax imposed by this Law has not been | 20 | | paid shall be liable for any
tax due on the sales or use of 1-K | 21 | | kerosene.
| 22 | | (Source: P.A. 100-9, eff. 7-1-17.)
| 23 | | (35 ILCS 505/2e new) | 24 | | Sec. 2e. Fuel tax index factors. | 25 | | (a) For purposes of this Section, "Consumer Price Index" |
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| 1 | | means the Consumer Price Index for all Urban Consumers, U.S. | 2 | | city average, all items, using the index base period of | 3 | | 1982-1984 equal to 100, as published by the Bureau of Labor | 4 | | Statistics of the United States Department of Labor. | 5 | | (b) The Department shall calculate an annual index factor | 6 | | to be used for the rate to take effect each July 1 beginning in | 7 | | 2020. The Department shall determine the index factor before | 8 | | May 1 of each year using the method described in subsection | 9 | | (c). | 10 | | (c) The annual fuel tax index factor to be used each year | 11 | | equals the following: | 12 | | STEP ONE: Divide the annual Consumer Price Index for | 13 | | the year preceding the determination year by the annual | 14 | | Consumer Price Index for the year immediately preceding | 15 | | that year. | 16 | | STEP TWO: Divide the annual Illinois Personal Income | 17 | | for the year preceding the determination year by the annual | 18 | | Illinois Personal Income for the year immediately | 19 | | preceding that year. | 20 | | STEP THREE: Add: | 21 | | (1) the STEP ONE result; and | 22 | | (2) the STEP TWO result. | 23 | | STEP FOUR: Divide the STEP THREE result by 2. | 24 | | Section 33. The Counties Code is amended by changing | 25 | | Section 5-1035.1 as follows:
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| 1 | | (55 ILCS 5/5-1035.1) (from Ch. 34, par. 5-1035.1)
| 2 | | Sec. 5-1035.1. County Motor Fuel Tax Law. | 3 | | (a) The county board of the
counties of DuPage, Kane Lake, | 4 | | Will, and McHenry may, by an ordinance or resolution
adopted by | 5 | | an affirmative vote of a majority of the members elected or
| 6 | | appointed to the county board, impose a tax upon all persons | 7 | | engaged in the
county in the business of selling motor fuel, as | 8 | | now or hereafter defined
in the Motor Fuel Tax Law, at retail | 9 | | for the operation of motor vehicles
upon public highways or for | 10 | | the operation of recreational watercraft upon
waterways. Kane | 11 | | County may exempt diesel fuel from the tax imposed pursuant
to | 12 | | this Section. The initial tax rate may be imposed by the county | 13 | | board at a rate not lower than 4 cents per gallon , in half-cent | 14 | | increments, at a
rate not exceeding 4 cents per gallon of motor | 15 | | fuel sold at retail within
the county for the purpose of use or | 16 | | consumption and not for the purpose of
resale , and not | 17 | | exceeding 8 cents per gallon of motor fuel sold at retail | 18 | | within the county for the purpose of use or consumption and not | 19 | | for the purpose of resale. The Department of Revenue shall | 20 | | calculate annual increases in the tax rate under this Section | 21 | | pursuant to subsection (a-5) . The proceeds from the tax shall | 22 | | be used by the county solely for
the purpose of operating, | 23 | | constructing and improving public highways and
waterways, and | 24 | | acquiring real property and right-of-ways for public
highways | 25 | | and waterways within the county imposing the tax.
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| 1 | | (a-5) The Department of Revenue shall calculate the annual | 2 | | rate of tax collected under this Section using the formula | 3 | | specified under this subsection (a-5). Beginning on June 1, | 4 | | 2020 and on June 1 every year thereafter, the tax rate | 5 | | established by the county board in this Section shall be | 6 | | adjusted by the percentage change in the average of the | 7 | | Consumer Price Index for All Urban Consumers for all items | 8 | | published by the United States Department of Labor as reported | 9 | | on January 1 of each year, and rounded to the nearest tenth of | 10 | | a cent. | 11 | | (b) A tax imposed pursuant to this Section, and all civil | 12 | | penalties that may
be assessed as an incident thereof, shall be | 13 | | administered, collected and
enforced by the Illinois | 14 | | Department of Revenue in the same manner as the
tax imposed | 15 | | under the Retailers' Occupation Tax Act, as now or hereafter
| 16 | | amended, insofar as may be practicable; except that in the | 17 | | event of a
conflict with the provisions of this Section, this | 18 | | Section shall control.
The Department of Revenue shall have | 19 | | full power: to administer and enforce
this Section; to collect | 20 | | all taxes and penalties due hereunder; to dispose
of taxes and | 21 | | penalties so collected in the manner hereinafter provided; and
| 22 | | to determine all rights to credit memoranda arising on account | 23 | | of the
erroneous payment of tax or penalty hereunder.
| 24 | | (c) Whenever the Department determines that a refund shall | 25 | | be made under
this Section to a claimant instead of issuing a | 26 | | credit memorandum, the
Department shall notify the State |
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| 1 | | Comptroller, who shall cause the
order to be drawn for the | 2 | | amount specified, and to the person named,
in the notification | 3 | | from the Department. The refund shall be paid by
the State | 4 | | Treasurer out of the County Option Motor Fuel Tax Fund.
| 5 | | (d) The Department shall forthwith pay over to the State | 6 | | Treasurer,
ex-officio, as trustee, all taxes and penalties | 7 | | collected hereunder, which
shall be deposited into the County | 8 | | Option Motor Fuel Tax Fund, a special
fund in the State | 9 | | Treasury which is hereby created. On or before the 25th
day of | 10 | | each calendar month, the Department shall prepare and certify | 11 | | to the
State Comptroller the disbursement of stated sums of | 12 | | money to named
counties for which taxpayers have paid taxes or | 13 | | penalties hereunder to the
Department during the second | 14 | | preceding calendar month. The amount to be
paid to each county | 15 | | shall be the amount (not including credit memoranda)
collected | 16 | | hereunder from retailers within the county during the second
| 17 | | preceding calendar month by the Department, but not including | 18 | | an amount
equal to the amount of refunds made during the second | 19 | | preceding calendar
month by the Department on behalf of the | 20 | | county;
less
2% of the balance, which sum shall be retained by | 21 | | the State Treasurer to cover the costs incurred by the | 22 | | Department in administering and enforcing the provisions of | 23 | | this Section. The Department, at the time of each monthly | 24 | | disbursement to the counties, shall prepare and certify to the | 25 | | Comptroller the amount so retained by the State Treasurer, | 26 | | which shall be transferred into the Tax Compliance and |
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| 1 | | Administration Fund. | 2 | | (e) A county may direct, by ordinance, that all or a | 3 | | portion of the taxes and penalties collected under the County | 4 | | Option Motor Fuel Tax shall be deposited into the | 5 | | Transportation Development Partnership Trust Fund.
| 6 | | (f) Nothing in this Section shall be construed to authorize | 7 | | a county to
impose a tax upon the privilege of engaging in any | 8 | | business which under
the Constitution of the United States may | 9 | | not be made the subject of
taxation by this State.
| 10 | | (g) An ordinance or resolution imposing a tax hereunder or | 11 | | effecting a
change in the rate thereof shall be effective on | 12 | | the first day of the second
calendar month next following the | 13 | | month in which the ordinance or
resolution is adopted and a | 14 | | certified copy thereof is filed with the
Department of Revenue, | 15 | | whereupon the Department of Revenue shall proceed
to administer | 16 | | and enforce this Section on behalf of the county as of the
| 17 | | effective date of the ordinance or resolution. Upon a change in | 18 | | rate of a
tax levied hereunder, or upon the discontinuance of | 19 | | the tax, the county
board of the county shall, on or not later | 20 | | than 5 days after the effective
date of the ordinance or | 21 | | resolution discontinuing the tax or effecting a
change in rate, | 22 | | transmit to the Department of Revenue a certified copy of
the | 23 | | ordinance or resolution effecting the change or | 24 | | discontinuance.
| 25 | | (h) This Section shall be known and may be cited as the | 26 | | County Motor Fuel
Tax Law.
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| 1 | | (Source: P.A. 98-1049, eff. 8-25-14.)
| 2 | | Section 35. The Regional Transportation Authority Act is | 3 | | amended by changing Section 4.03 as follows:
| 4 | | (70 ILCS 3615/4.03) (from Ch. 111 2/3, par. 704.03)
| 5 | | Sec. 4.03. Taxes.
| 6 | | (a) In order to carry out any of the powers or
purposes of | 7 | | the Authority, the Board may by ordinance adopted with the
| 8 | | concurrence of 12
of the then Directors, impose throughout the
| 9 | | metropolitan region any or all of the taxes provided in this | 10 | | Section.
Except as otherwise provided in this Act, taxes | 11 | | imposed under this
Section and civil penalties imposed incident | 12 | | thereto shall be collected
and enforced by the State Department | 13 | | of Revenue. The Department shall
have the power to administer | 14 | | and enforce the taxes and to determine all
rights for refunds | 15 | | for erroneous payments of the taxes. Nothing in Public Act | 16 | | 95-708 is intended to invalidate any taxes currently imposed by | 17 | | the Authority. The increased vote requirements to impose a tax | 18 | | shall only apply to actions taken after January 1, 2008 (the | 19 | | effective date of Public Act 95-708).
| 20 | | (b) The Board may impose a public transportation tax upon | 21 | | all
persons engaged in the metropolitan region in the business | 22 | | of selling at
retail motor fuel for operation of motor vehicles | 23 | | upon public highways. The
tax shall be at a rate not to exceed | 24 | | 5% of the gross receipts from the sales
of motor fuel in the |
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| 1 | | course of the business. As used in this Act, the term
"motor | 2 | | fuel" shall have the same meaning as in the Motor Fuel Tax Law. | 3 | | The Board may provide for details of the tax. The provisions of
| 4 | | any tax shall conform, as closely as may be practicable, to the | 5 | | provisions
of the Municipal Retailers Occupation Tax Act, | 6 | | including without limitation,
conformity to penalties with | 7 | | respect to the tax imposed and as to the powers of
the State | 8 | | Department of Revenue to promulgate and enforce rules and | 9 | | regulations
relating to the administration and enforcement of | 10 | | the provisions of the tax
imposed, except that reference in the | 11 | | Act to any municipality shall refer to
the Authority and the | 12 | | tax shall be imposed only with regard to receipts from
sales of | 13 | | motor fuel in the metropolitan region, at rates as limited by | 14 | | this
Section.
| 15 | | (c) In connection with the tax imposed under paragraph (b) | 16 | | of
this Section the Board may impose a tax upon the privilege | 17 | | of using in
the metropolitan region motor fuel for the | 18 | | operation of a motor vehicle
upon public highways, the tax to | 19 | | be at a rate not in excess of the rate
of tax imposed under | 20 | | paragraph (b) of this Section. The Board may
provide for | 21 | | details of the tax.
| 22 | | (d) The Board may impose a motor vehicle parking tax upon | 23 | | the
privilege of parking motor vehicles at off-street parking | 24 | | facilities in
the metropolitan region at which a fee is | 25 | | charged, and may provide for
reasonable classifications in and | 26 | | exemptions to the tax, for
administration and enforcement |
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| 1 | | thereof and for civil penalties and
refunds thereunder and may | 2 | | provide criminal penalties thereunder, the
maximum penalties | 3 | | not to exceed the maximum criminal penalties provided
in the | 4 | | Retailers' Occupation Tax Act. The
Authority may collect and | 5 | | enforce the tax itself or by contract with
any unit of local | 6 | | government. The State Department of Revenue shall have
no | 7 | | responsibility for the collection and enforcement unless the
| 8 | | Department agrees with the Authority to undertake the | 9 | | collection and
enforcement. As used in this paragraph, the term | 10 | | "parking facility"
means a parking area or structure having | 11 | | parking spaces for more than 2
vehicles at which motor vehicles | 12 | | are permitted to park in return for an
hourly, daily, or other | 13 | | periodic fee, whether publicly or privately
owned, but does not | 14 | | include parking spaces on a public street, the use
of which is | 15 | | regulated by parking meters.
| 16 | | (e) The Board may impose a Regional Transportation | 17 | | Authority
Retailers' Occupation Tax upon all persons engaged in | 18 | | the business of
selling tangible personal property at retail in | 19 | | the metropolitan region.
In Cook County , the tax rate shall be | 20 | | 1.25%
of the gross receipts from sales
of tangible personal | 21 | | property taxed at the 1% rate under the Retailers' Occupation | 22 | | Tax Act, and 1%
of the
gross receipts from other taxable sales | 23 | | made in the course of that business.
In DuPage, Kane, Lake, | 24 | | McHenry, and Will counties Counties , the tax rate shall be | 25 | | 0.75%
of the gross receipts from all taxable sales made in the | 26 | | course of that
business. The tax
imposed under this Section and |
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| 1 | | all civil penalties that may be
assessed as an incident thereof | 2 | | shall be collected and enforced by the
State Department of | 3 | | Revenue. The Department shall have full power to
administer and | 4 | | enforce this Section; to collect all taxes and penalties
so | 5 | | collected in the manner hereinafter provided; and to determine | 6 | | all
rights to credit memoranda arising on account of the | 7 | | erroneous payment
of tax or penalty hereunder. In the | 8 | | administration of, and compliance
with this Section, the | 9 | | Department and persons who are subject to this
Section shall | 10 | | have the same rights, remedies, privileges, immunities,
powers | 11 | | and duties, and be subject to the same conditions, | 12 | | restrictions,
limitations, penalties, exclusions, exemptions | 13 | | and definitions of terms,
and employ the same modes of | 14 | | procedure, as are prescribed in Sections 1,
1a, 1a-1, 1c, 1d, | 15 | | 1e, 1f, 1i, 1j, 2 through 2-65 (in respect to all
provisions | 16 | | therein other than the State rate of tax), 2c, 3 (except as to
| 17 | | the disposition of taxes and penalties collected), 4, 5, 5a, | 18 | | 5b, 5c, 5d,
5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d, | 19 | | 7, 8, 9, 10, 11, 12 and
13 of the Retailers' Occupation Tax Act | 20 | | and Section 3-7 of the
Uniform Penalty and Interest Act, as | 21 | | fully as if those
provisions were set forth herein.
| 22 | | Persons subject to any tax imposed under the authority | 23 | | granted
in this Section may reimburse themselves for their | 24 | | seller's tax
liability hereunder by separately stating the tax | 25 | | as an additional
charge, which charge may be stated in | 26 | | combination in a single amount
with State taxes that sellers |
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| 1 | | are required to collect under the Use
Tax Act, under any | 2 | | bracket schedules the
Department may prescribe.
| 3 | | Whenever the Department determines that a refund should be | 4 | | made under
this Section to a claimant instead of issuing a | 5 | | credit memorandum, the
Department shall notify the State | 6 | | Comptroller, who shall cause the
warrant to be drawn for the | 7 | | amount specified, and to the person named,
in the notification | 8 | | from the Department. The refund shall be paid by
the State | 9 | | Treasurer out of the Regional Transportation Authority tax
fund | 10 | | established under paragraph (n) of this Section.
| 11 | | If a tax is imposed under this subsection (e), a tax shall | 12 | | also
be imposed under subsections (f) and (g) of this Section.
| 13 | | For the purpose of determining whether a tax authorized | 14 | | under this
Section is applicable, a retail sale by a producer | 15 | | of coal or other
mineral mined in Illinois, is a sale at retail | 16 | | at the place where the
coal or other mineral mined in Illinois | 17 | | is extracted from the earth.
This paragraph does not apply to | 18 | | coal or other mineral when it is
delivered or shipped by the | 19 | | seller to the purchaser at a point outside
Illinois so that the | 20 | | sale is exempt under the Federal Constitution as a
sale in | 21 | | interstate or foreign commerce.
| 22 | | No tax shall be imposed or collected under this subsection | 23 | | on the sale of a motor vehicle in this State to a resident of | 24 | | another state if that motor vehicle will not be titled in this | 25 | | State.
| 26 | | Nothing in this Section shall be construed to authorize the |
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| 1 | | Regional
Transportation Authority to impose a tax upon the | 2 | | privilege of engaging
in any business that under the | 3 | | Constitution of the United States may
not be made the subject | 4 | | of taxation by this State.
| 5 | | (f) If a tax has been imposed under paragraph (e), a
| 6 | | Regional Transportation Authority Service Occupation
Tax shall
| 7 | | also be imposed upon all persons engaged, in the metropolitan | 8 | | region in
the business of making sales of service, who as an | 9 | | incident to making the sales
of service, transfer tangible | 10 | | personal property within the metropolitan region,
either in the | 11 | | form of tangible personal property or in the form of real | 12 | | estate
as an incident to a sale of service. In Cook County, the | 13 | | tax rate
shall be: (1) 1.25%
of the serviceman's cost price of | 14 | | food prepared for
immediate consumption and transferred | 15 | | incident to a sale of service subject
to the service occupation | 16 | | tax by an entity licensed under the Hospital
Licensing Act, the | 17 | | Nursing Home Care Act, the Specialized Mental Health | 18 | | Rehabilitation Act of 2013, the ID/DD Community Care Act, or | 19 | | the MC/DD Act that is located in the metropolitan
region; (2) | 20 | | 1.25%
of the selling price of tangible personal property taxed | 21 | | at the 1% rate under the Service Occupation Tax Act; and (3) 1%
| 22 | | of the selling price from other taxable sales of
tangible | 23 | | personal property transferred. In DuPage, Kane, Lake,
McHenry | 24 | | and Will counties, Counties the rate shall be 0.75%
of the | 25 | | selling price
of all tangible personal property transferred.
| 26 | | The tax imposed under this paragraph and all civil
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| 1 | | penalties that may be assessed as an incident thereof shall be | 2 | | collected
and enforced by the State Department of Revenue. The | 3 | | Department shall
have full power to administer and enforce this | 4 | | paragraph; to collect all
taxes and penalties due hereunder; to | 5 | | dispose of taxes and penalties
collected in the manner | 6 | | hereinafter provided; and to determine all
rights to credit | 7 | | memoranda arising on account of the erroneous payment
of tax or | 8 | | penalty hereunder. In the administration of and compliance
with | 9 | | this paragraph, the Department and persons who are subject to | 10 | | this
paragraph shall have the same rights, remedies, | 11 | | privileges, immunities,
powers and duties, and be subject to | 12 | | the same conditions, restrictions,
limitations, penalties, | 13 | | exclusions, exemptions and definitions of terms,
and employ the | 14 | | same modes of procedure, as are prescribed in Sections 1a-1, 2,
| 15 | | 2a, 3 through 3-50 (in respect to all provisions therein other | 16 | | than the
State rate of tax), 4 (except that the reference to | 17 | | the State shall be to
the Authority), 5, 7, 8 (except that the | 18 | | jurisdiction to which the tax
shall be a debt to the extent | 19 | | indicated in that Section 8 shall be the
Authority), 9 (except | 20 | | as to the disposition of taxes and penalties
collected, and | 21 | | except that the returned merchandise credit for this tax may
| 22 | | not be taken against any State tax), 10, 11, 12 (except the | 23 | | reference
therein to Section 2b of the Retailers' Occupation | 24 | | Tax Act), 13 (except
that any reference to the State shall mean | 25 | | the Authority), the first
paragraph of Section 15, 16, 17, 18, | 26 | | 19 and 20 of the Service
Occupation Tax Act and Section 3-7 of |
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| 1 | | the Uniform Penalty and Interest
Act, as fully as if those | 2 | | provisions were set forth herein.
| 3 | | Persons subject to any tax imposed under the authority | 4 | | granted
in this paragraph may reimburse themselves for their | 5 | | serviceman's tax
liability hereunder by separately stating the | 6 | | tax as an additional
charge, that charge may be stated in | 7 | | combination in a single amount
with State tax that servicemen | 8 | | are authorized to collect under the
Service Use Tax Act, under | 9 | | any bracket schedules the
Department may prescribe.
| 10 | | Whenever the Department determines that a refund should be | 11 | | made under
this paragraph to a claimant instead of issuing a | 12 | | credit memorandum, the
Department shall notify the State | 13 | | Comptroller, who shall cause the
warrant to be drawn for the | 14 | | amount specified, and to the person named
in the notification | 15 | | from the Department. The refund shall be paid by
the State | 16 | | Treasurer out of the Regional Transportation Authority tax
fund | 17 | | established under paragraph (n) of this Section.
| 18 | | Nothing in this paragraph shall be construed to authorize | 19 | | the
Authority to impose a tax upon the privilege of engaging in | 20 | | any business
that under the Constitution of the United States | 21 | | may not be made the
subject of taxation by the State.
| 22 | | (g) If a tax has been imposed under paragraph (e), a tax | 23 | | shall
also be imposed upon the privilege of using in the | 24 | | metropolitan region,
any item of tangible personal property | 25 | | that is purchased outside the
metropolitan region at retail | 26 | | from a retailer, and that is titled or
registered with an |
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| 1 | | agency of this State's government. In Cook County , the
tax rate | 2 | | shall be 1%
of the selling price of the tangible personal | 3 | | property,
as "selling price" is defined in the Use Tax Act. In | 4 | | DuPage, Kane, Lake,
McHenry and Will counties , the tax rate | 5 | | shall be 0.75%
of the selling price of
the tangible personal | 6 | | property, as "selling price" is defined in the
Use Tax Act. The | 7 | | tax shall be collected from persons whose Illinois
address for | 8 | | titling or registration purposes is given as being in the
| 9 | | metropolitan region. The tax shall be collected by the | 10 | | Department of
Revenue for the Regional Transportation | 11 | | Authority. The tax must be paid
to the State, or an exemption | 12 | | determination must be obtained from the
Department of Revenue, | 13 | | before the title or certificate of registration for
the | 14 | | property may be issued. The tax or proof of exemption may be
| 15 | | transmitted to the Department by way of the State agency with | 16 | | which, or the
State officer with whom, the tangible personal | 17 | | property must be titled or
registered if the Department and the | 18 | | State agency or State officer
determine that this procedure | 19 | | will expedite the processing of applications
for title or | 20 | | registration.
| 21 | | The Department shall have full power to administer and | 22 | | enforce this
paragraph; to collect all taxes, penalties , and | 23 | | interest due hereunder;
to dispose of taxes, penalties , and | 24 | | interest collected in the manner
hereinafter provided; and to | 25 | | determine all rights to credit memoranda or
refunds arising on | 26 | | account of the erroneous payment of tax, penalty , or
interest |
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| 1 | | hereunder. In the administration of and compliance with this
| 2 | | paragraph, the Department and persons who are subject to this | 3 | | paragraph
shall have the same rights, remedies, privileges, | 4 | | immunities, powers and
duties, and be subject to the same | 5 | | conditions, restrictions,
limitations, penalties, exclusions, | 6 | | exemptions and definitions of terms
and employ the same modes | 7 | | of procedure, as are prescribed in Sections 2
(except the | 8 | | definition of "retailer maintaining a place of business in this
| 9 | | State"), 3 through 3-80 (except provisions pertaining to the | 10 | | State rate
of tax, and except provisions concerning collection | 11 | | or refunding of the tax
by retailers), 4, 11, 12, 12a, 14, 15, | 12 | | 19 (except the portions pertaining
to claims by retailers and | 13 | | except the last paragraph concerning refunds),
20, 21 and 22 of | 14 | | the Use Tax Act, and are not inconsistent with this
paragraph, | 15 | | as fully as if those provisions were set forth herein.
| 16 | | Whenever the Department determines that a refund should be | 17 | | made under
this paragraph to a claimant instead of issuing a | 18 | | credit memorandum, the
Department shall notify the State | 19 | | Comptroller, who shall cause the order
to be drawn for the | 20 | | amount specified, and to the person named in the
notification | 21 | | from the Department. The refund shall be paid by the State
| 22 | | Treasurer out of the Regional Transportation Authority tax fund
| 23 | | established under paragraph (n) of this Section.
| 24 | | (h) The Authority may impose a replacement vehicle tax of | 25 | | $50 on any
passenger car as defined in Section 1-157 of the | 26 | | Illinois Vehicle Code
purchased within the metropolitan region |
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| 1 | | by or on behalf of an
insurance company to replace a passenger | 2 | | car of
an insured person in settlement of a total loss claim. | 3 | | The tax imposed
may not become effective before the first day | 4 | | of the month following the
passage of the ordinance imposing | 5 | | the tax and receipt of a certified copy
of the ordinance by the | 6 | | Department of Revenue. The Department of Revenue
shall collect | 7 | | the tax for the Authority in accordance with Sections 3-2002
| 8 | | and 3-2003 of the Illinois Vehicle Code.
| 9 | | The Department shall immediately pay over to the State | 10 | | Treasurer,
ex officio, as trustee, all taxes collected | 11 | | hereunder. | 12 | | As soon as possible after the first day of each month, | 13 | | beginning January 1, 2011, upon certification of the Department | 14 | | of Revenue, the Comptroller shall order transferred, and the | 15 | | Treasurer shall transfer, to the STAR Bonds Revenue Fund the | 16 | | local sales tax increment, as defined in the Innovation | 17 | | Development and Economy Act, collected under this Section | 18 | | during the second preceding calendar month for sales within a | 19 | | STAR bond district. | 20 | | After the monthly transfer to the STAR Bonds Revenue Fund, | 21 | | on
or before the 25th day of each calendar month, the | 22 | | Department shall
prepare and certify to the Comptroller the | 23 | | disbursement of stated sums
of money to the Authority. The | 24 | | amount to be paid to the Authority shall be
the amount | 25 | | collected hereunder during the second preceding calendar month
| 26 | | by the Department, less any amount determined by the Department |
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| 1 | | to be
necessary for the payment of refunds, and less any | 2 | | amounts that are transferred to the STAR Bonds Revenue Fund. | 3 | | Within 10 days after receipt by the
Comptroller of the | 4 | | disbursement certification to the Authority provided
for in | 5 | | this Section to be given to the Comptroller by the Department, | 6 | | the
Comptroller shall cause the orders to be drawn for that | 7 | | amount in
accordance with the directions contained in the | 8 | | certification.
| 9 | | (i) The Board may not impose any other taxes except as it | 10 | | may from
time to time be authorized by law to impose.
| 11 | | (j) A certificate of registration issued by the State | 12 | | Department of
Revenue to a retailer under the Retailers' | 13 | | Occupation Tax Act or under the
Service Occupation Tax Act | 14 | | shall permit the registrant to engage in a
business that is | 15 | | taxed under the tax imposed under paragraphs
(b), (e), (f) or | 16 | | (g) of this Section and no additional registration
shall be | 17 | | required under the tax. A certificate issued under the
Use Tax | 18 | | Act or the Service Use Tax Act shall be applicable with regard | 19 | | to
any tax imposed under paragraph (c) of this Section.
| 20 | | (k) The provisions of any tax imposed under paragraph (c) | 21 | | of
this Section shall conform as closely as may be practicable | 22 | | to the
provisions of the Use Tax Act, including
without | 23 | | limitation conformity as to penalties with respect to the tax
| 24 | | imposed and as to the powers of the State Department of Revenue | 25 | | to
promulgate and enforce rules and regulations relating to the
| 26 | | administration and enforcement of the provisions of the tax |
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| 1 | | imposed.
The taxes shall be imposed only on use within the | 2 | | metropolitan region
and at rates as provided in the paragraph.
| 3 | | (l) The Board in imposing any tax as provided in paragraphs | 4 | | (b)
and (c) of this Section, shall, after seeking the advice of | 5 | | the State
Department of Revenue, provide means for retailers, | 6 | | users or purchasers
of motor fuel for purposes other than those | 7 | | with regard to which the
taxes may be imposed as provided in | 8 | | those paragraphs to receive refunds
of taxes improperly paid, | 9 | | which provisions may be at variance with the
refund provisions | 10 | | as applicable under the Municipal Retailers
Occupation Tax Act. | 11 | | The State Department of Revenue may provide for
certificates of | 12 | | registration for users or purchasers of motor fuel for purposes
| 13 | | other than those with regard to which taxes may be imposed as | 14 | | provided in
paragraphs (b) and (c) of this Section to | 15 | | facilitate the reporting and
nontaxability of the exempt sales | 16 | | or uses.
| 17 | | (m) Any ordinance imposing or discontinuing any tax under | 18 | | this Section shall
be adopted and a certified copy thereof | 19 | | filed with the Department on or before
June 1, whereupon the | 20 | | Department of Revenue shall proceed to administer and
enforce | 21 | | this Section on behalf of the Regional Transportation Authority | 22 | | as of
September 1 next following such adoption and filing.
| 23 | | Beginning January 1, 1992, an ordinance or resolution imposing | 24 | | or
discontinuing the tax hereunder shall be adopted and a | 25 | | certified copy
thereof filed with the Department on or before | 26 | | the first day of July,
whereupon the Department shall proceed |
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| 1 | | to administer and enforce this
Section as of the first day of | 2 | | October next following such adoption and
filing. Beginning | 3 | | January 1, 1993, an ordinance or resolution imposing, | 4 | | increasing, decreasing, or
discontinuing the tax hereunder | 5 | | shall be adopted and a certified copy
thereof filed with the | 6 | | Department,
whereupon the Department shall proceed to | 7 | | administer and enforce this
Section as of the first day of the | 8 | | first month to occur not less than 60 days
following such | 9 | | adoption and filing. Any ordinance or resolution of the | 10 | | Authority imposing a tax under this Section and in effect on | 11 | | August 1, 2007 shall remain in full force and effect and shall | 12 | | be administered by the Department of Revenue under the terms | 13 | | and conditions and rates of tax established by such ordinance | 14 | | or resolution until the Department begins administering and | 15 | | enforcing an increased tax under this Section as authorized by | 16 | | Public Act 95-708. The tax rates authorized by Public Act | 17 | | 95-708 are effective only if imposed by ordinance of the | 18 | | Authority.
| 19 | | (n) Except as otherwise provided in this subsection (n), | 20 | | the State Department of Revenue shall, upon collecting any | 21 | | taxes
as provided in this Section, pay the taxes over to the | 22 | | State Treasurer
as trustee for the Authority. The taxes shall | 23 | | be held in a trust fund
outside the State Treasury. On or | 24 | | before the 25th day of each calendar
month, the State | 25 | | Department of Revenue shall prepare and certify to the
| 26 | | Comptroller of the State of Illinois and
to the Authority (i) |
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| 1 | | the
amount of taxes collected in each county County other than | 2 | | Cook County in the
metropolitan region, (ii)
the amount of | 3 | | taxes collected within the City
of Chicago,
and (iii) the | 4 | | amount collected in that portion
of Cook County outside of | 5 | | Chicago, each amount less the amount necessary for the payment
| 6 | | of refunds to taxpayers located in those areas described in | 7 | | items (i), (ii), and (iii), and less 1.5% of the remainder, | 8 | | which shall be transferred from the trust fund into the Tax | 9 | | Compliance and Administration Fund. The Department, at the time | 10 | | of each monthly disbursement to the Authority, shall prepare | 11 | | and certify to the State Comptroller the amount to be | 12 | | transferred into the Tax Compliance and Administration Fund | 13 | | under this subsection.
Within 10 days after receipt by the | 14 | | Comptroller of the certification of
the amounts, the | 15 | | Comptroller shall cause an
order to be drawn for the transfer | 16 | | of the amount certified into the Tax Compliance and | 17 | | Administration Fund and the payment of two-thirds of the | 18 | | amounts certified in item (i) of this subsection to the | 19 | | Authority and one-third of the amounts certified in item (i) of | 20 | | this subsection to the respective counties other than Cook | 21 | | County and the amount certified in items (ii) and (iii) of this | 22 | | subsection to the Authority.
| 23 | | In addition to the disbursement required by the preceding | 24 | | paragraph, an
allocation shall be made in July 1991 and each | 25 | | year thereafter to the
Regional Transportation Authority. The | 26 | | allocation shall be made in an
amount equal to the average |
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| 1 | | monthly distribution during the preceding
calendar year | 2 | | (excluding the 2 months of lowest receipts) and the
allocation | 3 | | shall include the amount of average monthly distribution from
| 4 | | the Regional Transportation Authority Occupation and Use Tax | 5 | | Replacement
Fund. The distribution made in July 1992 and each | 6 | | year thereafter under
this paragraph and the preceding | 7 | | paragraph shall be reduced by the amount
allocated and | 8 | | disbursed under this paragraph in the preceding calendar
year. | 9 | | The Department of Revenue shall prepare and certify to the
| 10 | | Comptroller for disbursement the allocations made in | 11 | | accordance with this
paragraph.
| 12 | | (o) Failure to adopt a budget ordinance or otherwise to | 13 | | comply with
Section 4.01 of this Act or to adopt a Five-year | 14 | | Capital Program or otherwise to
comply with paragraph (b) of | 15 | | Section 2.01 of this Act shall not affect
the validity of any | 16 | | tax imposed by the Authority otherwise in conformity
with law.
| 17 | | (p) (Blank). At no time shall a public transportation tax | 18 | | or motor vehicle
parking tax authorized under paragraphs (b), | 19 | | (c)and (d) of this Section
be in effect at the same time as any | 20 | | retailers' occupation, use or
service occupation tax | 21 | | authorized under paragraphs (e), (f) and (g) of
this Section is | 22 | | in effect.
| 23 | | Any taxes imposed under the authority provided in | 24 | | paragraphs (b), (c)
and (d) shall remain in effect only until | 25 | | the time as any tax
authorized by paragraphs (e), (f) or (g) of | 26 | | this Section are imposed and
becomes effective. Once any tax |
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| 1 | | authorized by paragraphs (e), (f) or (g)
is imposed the Board | 2 | | may not reimpose taxes as authorized in paragraphs
(b), (c) and | 3 | | (d) of the Section unless any tax authorized by
paragraphs (e), | 4 | | (f) or (g) of this Section becomes ineffective by means
other | 5 | | than an ordinance of the Board.
| 6 | | (q) Any existing rights, remedies and obligations | 7 | | (including
enforcement by the Regional Transportation | 8 | | Authority) arising under any
tax imposed under paragraph | 9 | | paragraphs (b), (c) , or (d) of this Section shall not
be | 10 | | affected by the imposition of a tax under paragraph paragraphs | 11 | | (e), (f) , or (g)
of this Section.
| 12 | | (Source: P.A. 99-180, eff. 7-29-15; 99-217, eff. 7-31-15; | 13 | | 99-642, eff. 7-28-16; 100-23, eff. 7-6-17; 100-587, eff. | 14 | | 6-4-18; 100-1171, eff. 1-4-19; revised 1-11-19.)
| 15 | | Section 40. The Illinois Vehicle Code is amended by | 16 | | changing Sections 2-119, 3-805, 3-806, 3-808, 3-815, 3-818, | 17 | | 3-819, 3-821, and 6-118 as follows:
| 18 | | (625 ILCS 5/2-119) (from Ch. 95 1/2, par. 2-119)
| 19 | | Sec. 2-119. Disposition of fees and taxes.
| 20 | | (a) All moneys received from Salvage Certificates shall be | 21 | | deposited in
the Common School Fund in the State Treasury.
| 22 | | (b) Of the money collected for each certificate of title, | 23 | | duplicate certificate of title, and corrected certificate of | 24 | | title: |
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| 1 | | (1) $2.60 shall be deposited in the Park and | 2 | | Conservation Fund; | 3 | | (2) $0.65 shall be deposited in the Illinois Fisheries | 4 | | Management Fund; | 5 | | (3) $108 $48 shall be disbursed under subsection (g) of | 6 | | this Section; | 7 | | (4) $4 shall be deposited into the Motor Vehicle | 8 | | License Plate Fund; and | 9 | | (5) $30 shall be deposited into the Capital Projects | 10 | | Fund. | 11 | | All remaining moneys collected for certificates of title, | 12 | | and all moneys collected for filing of security interests, | 13 | | shall be deposited in the General Revenue Fund. | 14 | | The $20 collected for each delinquent vehicle registration | 15 | | renewal fee shall be deposited into the General Revenue Fund. | 16 | | The moneys deposited in the Park and Conservation Fund | 17 | | under this Section shall be used for the acquisition and | 18 | | development of bike paths as provided for in Section 805-420 of | 19 | | the Department of Natural Resources (Conservation) Law of the | 20 | | Civil Administrative Code of Illinois. The moneys deposited | 21 | | into the Park and Conservation Fund under this subsection shall | 22 | | not be subject to administrative charges or chargebacks, unless | 23 | | otherwise authorized by this Code. | 24 | | If the balance in the Motor Vehicle License Plate Fund | 25 | | exceeds $40,000,000 on the last day of a calendar month, then | 26 | | during the next calendar month, the $4 that otherwise would be |
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| 1 | | deposited in that fund shall instead be deposited into the Road | 2 | | Fund.
| 3 | | (c) All moneys collected for that portion of a driver's | 4 | | license fee
designated for driver education under Section 6-118 | 5 | | shall be placed in
the Drivers Education Fund in the State | 6 | | Treasury.
| 7 | | (d) Of the moneys collected as a registration fee for each | 8 | | motorcycle, motor driven cycle, and moped, 27% shall be | 9 | | deposited in the Cycle Rider Safety Training Fund.
| 10 | | (e) (Blank).
| 11 | | (f) Of the total money collected for a commercial learner's | 12 | | permit (CLP) or
original or renewal issuance of a commercial | 13 | | driver's license (CDL)
pursuant to the Uniform Commercial | 14 | | Driver's License Act (UCDLA): (i) $6 of the
total fee for an | 15 | | original or renewal CDL, and $6 of the total CLP fee when such | 16 | | permit is issued to any person holding a
valid Illinois | 17 | | driver's license, shall be paid into the CDLIS/AAMVAnet/NMVTIS
| 18 | | Trust Fund (Commercial Driver's License Information | 19 | | System/American
Association of Motor Vehicle Administrators | 20 | | network/National Motor Vehicle Title Information Service Trust | 21 | | Fund) and shall
be used for the purposes provided in Section | 22 | | 6z-23 of the State Finance Act
and (ii) $20 of the total fee | 23 | | for an original or renewal CDL or CLP shall be paid
into the | 24 | | Motor Carrier Safety Inspection Fund, which is hereby created | 25 | | as a
special fund in the State Treasury, to be used by
the | 26 | | Department
of State Police, subject to appropriation, to hire |
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| 1 | | additional officers to
conduct motor carrier safety
| 2 | | inspections
pursuant to Chapter 18b of this Code.
| 3 | | (g) Of the moneys received by the Secretary of State as | 4 | | registration fees or taxes, certificates of title, duplicate | 5 | | certificates of title, corrected certificates of title, or as | 6 | | payment of any other fee under this Code, when those moneys are | 7 | | not otherwise distributed by this Code, 37% shall be deposited | 8 | | into the State Construction Account Fund, and 63% shall be | 9 | | deposited in the Road Fund. Moneys in the Road Fund shall be | 10 | | used for the purposes provided in Section 8.3 of the State | 11 | | Finance Act.
| 12 | | (h) (Blank).
| 13 | | (i) (Blank).
| 14 | | (j) (Blank).
| 15 | | (k) There is created in the State Treasury a special fund | 16 | | to be known as
the Secretary of State Special License Plate | 17 | | Fund. Money deposited into the
Fund shall, subject to | 18 | | appropriation, be used by the Office of the Secretary
of State | 19 | | (i) to help defray plate manufacturing and plate processing | 20 | | costs
for the issuance and, when applicable, renewal of any new | 21 | | or existing
registration plates authorized under this Code and | 22 | | (ii) for grants made by the
Secretary of State to benefit | 23 | | Illinois Veterans Home libraries.
| 24 | | (l) The Motor Vehicle Review Board Fund is created as a | 25 | | special fund in
the State Treasury. Moneys deposited into the | 26 | | Fund under paragraph (7) of
subsection (b) of Section 5-101 and |
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| 1 | | Section 5-109 shall,
subject to appropriation, be used by the | 2 | | Office of the Secretary of State to
administer the Motor | 3 | | Vehicle Review Board, including without
limitation payment of | 4 | | compensation and all necessary expenses incurred in
| 5 | | administering the Motor Vehicle Review Board under the Motor | 6 | | Vehicle Franchise
Act.
| 7 | | (m) Effective July 1, 1996, there is created in the State
| 8 | | Treasury a special fund to be known as the Family | 9 | | Responsibility Fund. Moneys
deposited into the Fund shall, | 10 | | subject to appropriation, be used by the Office
of the | 11 | | Secretary of State for the purpose of enforcing the Family | 12 | | Financial
Responsibility Law.
| 13 | | (n) The Illinois Fire Fighters' Memorial Fund is created as | 14 | | a special
fund in the State Treasury. Moneys deposited into the | 15 | | Fund shall, subject
to appropriation, be used by the Office of | 16 | | the State Fire Marshal for
construction of the Illinois Fire | 17 | | Fighters' Memorial to be located at the
State Capitol grounds | 18 | | in Springfield, Illinois. Upon the completion of the
Memorial, | 19 | | moneys in the Fund shall be used in accordance with Section | 20 | | 3-634.
| 21 | | (o) Of the money collected for each certificate of title | 22 | | for all-terrain
vehicles and off-highway motorcycles, $17 | 23 | | shall be deposited into the
Off-Highway Vehicle Trails Fund.
| 24 | | (p) For audits conducted on or after July 1, 2003 pursuant | 25 | | to Section
2-124(d) of this Code, 50% of the money collected as | 26 | | audit fees shall be
deposited
into the General Revenue Fund.
|
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| 1 | | (Source: P.A. 98-176 (See Section 10 of P.A. 98-722 and Section | 2 | | 10 of P.A. 99-414 for the effective date of changes made by | 3 | | P.A. 98-176); 98-177, eff. 1-1-14; 98-756, eff. 7-16-14; | 4 | | 99-127, eff. 1-1-16; 99-933, eff. 1-27-17.)
| 5 | | (625 ILCS 5/3-805) (from Ch. 95 1/2, par. 3-805)
| 6 | | Sec. 3-805. Electric vehicles.
The owner of a motor | 7 | | vehicle of the first division or a motor vehicle of the second | 8 | | division weighing 8,000 pounds or less propelled by an
electric | 9 | | engine and not utilizing motor fuel shall register the vehicle | 10 | | for a fee of $148 for a one-year registration period , may | 11 | | register such vehicle for
a fee not to exceed $35 for a 2-year | 12 | | registration period .
The Secretary may, in his discretion, | 13 | | prescribe that electric vehicle
registration plates be issued | 14 | | for an indefinite term, such term to correspond
to the term of | 15 | | registration plates issued generally, as provided in Section
| 16 | | 3-414.1. In no event may the registration fee for electric | 17 | | vehicles exceed
$18 per registration year.
| 18 | | (Source: P.A. 96-1135, eff. 7-21-10.)
| 19 | | (625 ILCS 5/3-806) (from Ch. 95 1/2, par. 3-806)
| 20 | | Sec. 3-806. Registration Fees; Motor Vehicles of the First
| 21 | | Division. Every owner of any other motor vehicle of the first
| 22 | | division, except as provided in Sections 3-804, 3-804.01, | 23 | | 3-804.3, 3-805, 3-806.3, 3-806.7, and 3-808,
and every second | 24 | | division vehicle weighing 8,000 pounds or less,
shall pay the |
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| 1 | | Secretary of State an annual registration fee
at the following | 2 | | rates:
|
|
3 | | SCHEDULE OF REGISTRATION FEES |
|
4 | | REQUIRED BY LAW |
|
5 | | Beginning with the 2020 2010 registration year |
|
6 | | |
Annual Fee |
|
7 | | Motor vehicles of the first division other |
| |
|
8 | | than Autocycles, Motorcycles, Motor |
| |
|
9 | | Driven Cycles and Pedalcycles |
| $148 $98 |
|
| 10 | |
| |
11 | | Autocycles | 68 |
| | 12 | | | |
|
13 | | Motorcycles, Motor Driven |
| |
|
14 | | Cycles and Pedalcycles |
38 |
|
15 | | A $1 surcharge shall be collected in addition to the above | 16 | | fees for motor vehicles of the first division, autocycles, | 17 | | motorcycles, motor driven cycles, and pedalcycles to be | 18 | | deposited into the State Police Vehicle Fund.
| 19 | | All of the proceeds of the additional fees imposed by | 20 | | Public Act 96-34 shall be deposited into the Capital Projects | 21 | | Fund. | 22 | | A $2 surcharge shall be collected in addition to the above | 23 | | fees for motor vehicles of the first division, autocycles, | 24 | | motorcycles, motor driven cycles, and pedalcycles to be | 25 | | deposited into the Park and Conservation Fund for the |
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| 1 | | Department of Natural Resources to use for conservation | 2 | | efforts. The monies deposited into the Park and Conservation | 3 | | Fund under this Section shall not be subject to administrative | 4 | | charges or chargebacks unless otherwise authorized by this Act. | 5 | | Of the additional fees imposed by this amendatory Act of | 6 | | the 101st General Assembly, $34 of the proceeds per fee | 7 | | collected shall be deposited into the Transit Capital Projects | 8 | | Fund. | 9 | | (Source: P.A. 97-412, eff. 1-1-12; 97-811, eff. 7-13-12; | 10 | | 97-1136, eff. 1-1-13; 98-463, eff. 8-16-13; 98-777, eff. | 11 | | 1-1-15 .)
| 12 | | (625 ILCS 5/3-808) (from Ch. 95 1/2, par. 3-808)
| 13 | | Sec. 3-808. Governmental and charitable vehicles; | 14 | | Registration fees.
| 15 | | (a) A registration fee of $10 per 2 year registration | 16 | | period
shall be paid by the owner in the following cases:
| 17 | | 1. Vehicles operated exclusively as a school bus for | 18 | | school purposes by
any school district or any religious or | 19 | | denominational institution, except
that such a school bus | 20 | | may be used by such a religious or denominational
| 21 | | institution for the transportation of persons to or from | 22 | | any of its official
activities.
| 23 | | 2. Vehicles operated exclusively in a high school | 24 | | driver training
program by any school district or school | 25 | | operated by a religious
institution.
|
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| 1 | | 3. Rescue squad vehicles which are owned and operated | 2 | | by a corporation or association organized
and operated not | 3 | | for profit for the purpose of conducting such rescue
| 4 | | operations.
| 5 | | 4. Vehicles, used exclusively as school buses for any | 6 | | school district,
which are neither owned nor operated by | 7 | | such district.
| 8 | | 5. Charitable vehicles.
| 9 | | (b) Annual vehicle registration plates shall be issued, at | 10 | | no charge,
to the following:
| 11 | | 1. Medical transport vehicles owned and operated by the | 12 | | State of Illinois
or by any State agency financed by funds | 13 | | appropriated by the General Assembly.
| 14 | | 2. Medical transport vehicles operated by or for any | 15 | | county, township
or municipal corporation.
| 16 | | (c) Ceremonial plates. Upon payment of a registration fee | 17 | | of $148 $98 per 2-year registration period, the Secretary of | 18 | | State shall issue
registration plates to vehicles operated | 19 | | exclusively for ceremonial purposes by
any not-for-profit | 20 | | veterans', fraternal, or civic organization. The Secretary
of | 21 | | State may prescribe that ceremonial vehicle registration | 22 | | plates be issued
for an indefinite term, that term to | 23 | | correspond to the term of registration
plates issued generally, | 24 | | as provided in Section 3-414.1.
| 25 | | All of the proceeds of the additional fees imposed by this | 26 | | amendatory Act of the 96th General Assembly shall be deposited |
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| 1 | | into the Capital Projects Fund. | 2 | | Of the additional fees imposed by this amendatory Act of | 3 | | the 101st General Assembly, $34 of the proceeds per fee | 4 | | collected shall be deposited into the Transit Capital Projects | 5 | | Fund. | 6 | | (d) In any event, any vehicle registered under this Section | 7 | | used or
operated for purposes other than those herein | 8 | | prescribed shall be
subject to revocation, and in that event, | 9 | | the owner may be required to
properly register such vehicle | 10 | | under the provisions of this Code.
| 11 | | (e) As a prerequisite to registration under this Section, | 12 | | the Secretary
of State may require the vehicle owners listed in | 13 | | subsection (a) of this
Section who are exempt from federal | 14 | | income taxation under subsection (c) of
Section 501 of the | 15 | | Internal Revenue Code of 1986, as now or
hereafter amended, to | 16 | | submit to him a determination letter, ruling or other
written | 17 | | evidence of tax exempt status issued by the Internal Revenue | 18 | | Service.
The Secretary may accept a certified copy of the | 19 | | document issued by the
Internal Revenue Service as evidence of | 20 | | the exemption. The Secretary may
require documentation of | 21 | | eligibility under this Section to accompany an
application for | 22 | | registration.
| 23 | | (f) Special event plates. The Secretary of State may issue | 24 | | registration
plates in recognition or commemoration of special | 25 | | events which promote the
interests of Illinois citizens. These | 26 | | plates shall be valid for no more
than 60 days
prior to the |
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| 1 | | date of expiration. The Secretary shall require the applicant
| 2 | | for such plates to pay for the costs of furnishing the plates.
| 3 | | Beginning July 1, 1991, all special event plates shall be | 4 | | recorded in the
Secretary of State's files for immediate | 5 | | identification.
| 6 | | The Secretary of State, upon issuing a new series of | 7 | | special event
plates, shall notify all law enforcement | 8 | | officials of the design
and other special features of the | 9 | | special plate series.
| 10 | | All special event plates shall indicate, in the lower right | 11 | | corner, the
date of expiration in characters no less than 1/2 | 12 | | inch high.
| 13 | | (Source: P.A. 96-34, eff. 7-13-09.)
| 14 | | (625 ILCS 5/3-815) (from Ch. 95 1/2, par. 3-815)
| 15 | | Sec. 3-815. Flat weight tax; vehicles of the second | 16 | | division.
| 17 | | (a) Except
as provided in Section 3-806.3 and 3-804.3, | 18 | | every owner
of a vehicle of the second division registered | 19 | | under Section 3-813, and
not registered under the mileage | 20 | | weight tax under Section 3-818, shall
pay to the Secretary of | 21 | | State, for each registration year, for the use
of the public | 22 | | highways, a flat weight tax at the rates set forth in the
| 23 | | following table, the rates including the $10 registration fee:
| 24 | | SCHEDULE OF FLAT WEIGHT TAX
| 25 | | REQUIRED BY LAW
| |
| | | 10100SB0103sam001 | - 56 - | LRB101 04870 RJF 57981 a |
|
| 1 | | Gross Weight in Lbs. |
|
Total Fees |
|
2 | | Including Vehicle |
|
each Fiscal |
|
3 | | and Maximum Load |
Class |
year |
|
4 | | 8,000 lbs. and less |
B |
$148 $98 |
|
5 | | 8,001 lbs. to 10,000 lbs. | C | 218 118 |
|
6 | | 10,001 lbs. to 12,000 lbs. |
D |
238 138 |
|
7 | | 12,001 lbs. to 16,000 lbs. |
F |
342 242 |
|
8 | | 16,001 lbs. to 26,000 lbs. |
H |
590 490 |
|
9 | | 26,001 lbs. to 28,000 lbs. |
J |
730 630 |
|
10 | | 28,001 lbs. to 32,000 lbs. |
K |
942 842 |
|
11 | | 32,001 lbs. to 36,000 lbs. |
L |
1,082 982 |
|
12 | | 36,001 lbs. to 40,000 lbs. |
N |
1,302 1,202 |
|
13 | | 40,001 lbs. to 45,000 lbs. |
P |
1,490 1,390 |
|
14 | | 45,001 lbs. to 50,000 lbs. |
Q |
1,638 1,538 |
|
15 | | 50,001 lbs. to 54,999 lbs. |
R |
1,798 1,698 |
|
16 | | 55,000 lbs. to 59,500 lbs. |
S |
1,930 1,830 |
|
17 | | 59,501 lbs. to 64,000 lbs. |
T |
2,070 1,970 |
|
18 | | 64,001 lbs. to 73,280 lbs. |
V |
2,394 2,294 |
|
19 | | 73,281 lbs. to 77,000 lbs. |
X |
2,722 2,622 |
|
20 | | 77,001 lbs. to 80,000 lbs. |
Z |
2,890 2,790 |
|
21 | | Beginning with the 2010 registration year a $1 surcharge | 22 | | shall be collected for vehicles registered in the 8,000 lbs. | 23 | | and less flat weight plate category above to be deposited into | 24 | | the State Police Vehicle Fund.
| 25 | | Beginning with the 2014 registration year, a $2 surcharge | 26 | | shall be collected in addition to the above fees for vehicles |
| | | 10100SB0103sam001 | - 57 - | LRB101 04870 RJF 57981 a |
|
| 1 | | registered in the 8,000 lb. and less flat weight plate category | 2 | | as described in this subsection (a) to be deposited into the | 3 | | Park and Conservation Fund for the Department of Natural | 4 | | Resources to use for conservation efforts. The monies deposited | 5 | | into the Park and Conservation Fund under this Section shall | 6 | | not be subject to administrative charges or chargebacks unless | 7 | | otherwise authorized by this Act. | 8 | | All of the proceeds of the additional fees imposed by | 9 | | Public Act 96-34 this amendatory Act of the 96th General | 10 | | Assembly shall be deposited into the Capital Projects Fund. | 11 | | Of the additional fees imposed by this amendatory Act of | 12 | | the 101st General Assembly on vehicles registered in the 8,000 | 13 | | lb. and less flat weight plate category in this subsection (a), | 14 | | $34 of the proceeds per fee collected shall be deposited into | 15 | | the Transit Capital Projects Fund. | 16 | | (a-1) A Special Hauling Vehicle is a vehicle or combination | 17 | | of vehicles of
the second
division registered under Section | 18 | | 3-813 transporting asphalt or concrete in the
plastic state or | 19 | | a vehicle or combination of vehicles that are subject to the
| 20 | | gross weight limitations in subsection (a) of Section 15-111 | 21 | | for which the
owner of the
vehicle or combination of vehicles | 22 | | has elected to pay, in addition to the
registration fee in | 23 | | subsection (a), $125 to the Secretary of State
for each
| 24 | | registration year. The Secretary shall designate this class of | 25 | | vehicle as
a Special Hauling Vehicle.
| 26 | | (a-5) Beginning January 1, 2015, upon the request of the |
| | | 10100SB0103sam001 | - 58 - | LRB101 04870 RJF 57981 a |
|
| 1 | | vehicle owner, a $10 surcharge shall be collected in addition | 2 | | to the above fees for vehicles in the 12,000 lbs. and less flat | 3 | | weight plate categories as described in subsection (a) to be | 4 | | deposited into the Secretary of State Special License Plate | 5 | | Fund. The $10 surcharge is to identify vehicles in the 12,000 | 6 | | lbs. and less flat weight plate categories as a covered farm | 7 | | vehicle. The $10 surcharge is an annual, flat fee that shall be | 8 | | based on an applicant's new or existing registration year for | 9 | | each vehicle in the 12,000 lbs. and less flat weight plate | 10 | | categories. A designation as a covered farm vehicle under this | 11 | | subsection (a-5) shall not alter a vehicle's registration as a | 12 | | registration in the 12,000 lbs. or less flat weight category. | 13 | | The Secretary shall adopt any rules necessary to implement this | 14 | | subsection (a-5). | 15 | | (a-10) Beginning January 1, 2019, upon the request of the | 16 | | vehicle owner, the Secretary of State shall collect a $10 | 17 | | surcharge in addition to the fees for second division vehicles | 18 | | in the 8,000 lbs. and less flat weight plate category described | 19 | | in subsection (a) that are issued a registration plate under | 20 | | Article VI of this Chapter. The $10 surcharge shall be | 21 | | deposited into the Secretary of State Special License Plate | 22 | | Fund. The $10 surcharge is to identify a vehicle in the 8,000 | 23 | | lbs. and less flat weight plate category as a covered farm | 24 | | vehicle. The $10 surcharge is an annual, flat fee that shall be | 25 | | based on an applicant's new or existing registration year for | 26 | | each vehicle in the 8,000 lbs. and less flat weight plate |
| | | 10100SB0103sam001 | - 59 - | LRB101 04870 RJF 57981 a |
|
| 1 | | category. A designation as a covered farm vehicle under this | 2 | | subsection (a-10) shall not alter a vehicle's registration in | 3 | | the 8,000 lbs. or less flat weight category. The Secretary | 4 | | shall adopt any rules necessary to implement this subsection | 5 | | (a-10). | 6 | | (b) Except as provided in Section 3-806.3, every camping | 7 | | trailer,
motor home, mini motor home, travel trailer, truck | 8 | | camper or van camper
used primarily for recreational purposes, | 9 | | and not used commercially, nor
for hire, nor owned by a | 10 | | commercial business, may be registered for each
registration | 11 | | year upon the filing of a proper application and the payment
of | 12 | | a registration fee and highway use tax, according to the | 13 | | following table of
fees:
| 14 | | MOTOR HOME, MINI MOTOR HOME, TRUCK CAMPER OR VAN CAMPER
|
|
15 | | Gross Weight in Lbs. |
Total Fees |
|
16 | | Including Vehicle and |
Each |
|
17 | | Maximum Load |
Calendar Year |
|
18 | | 8,000 lbs and less |
$78 |
|
19 | | 8,001 Lbs. to 10,000 Lbs |
90 |
|
20 | | 10,001 Lbs. and Over |
102 |
|
21 | | CAMPING TRAILER OR TRAVEL TRAILER
|
|
22 | | Gross Weight in Lbs. |
Total Fees |
|
23 | | Including Vehicle and |
Each |
|
24 | | Maximum Load |
Calendar Year |
|
25 | | 3,000 Lbs. and Less |
$18 |
|
26 | | 3,001 Lbs. to 8,000 Lbs. |
30 |
|
|
| | | 10100SB0103sam001 | - 60 - | LRB101 04870 RJF 57981 a |
|
| 1 | | 8,001 Lbs. to 10,000 Lbs. |
38 |
|
2 | | 10,001 Lbs. and Over |
50 |
|
3 | | Every house trailer must be registered under Section 3-819.
| 4 | | (c) Farm Truck. Any truck used exclusively for the owner's | 5 | | own
agricultural, horticultural or livestock raising | 6 | | operations and
not-for-hire only, or any truck used only in the | 7 | | transportation for-hire
of seasonal, fresh, perishable fruit | 8 | | or vegetables from farm to the
point of first processing,
may | 9 | | be registered by the owner under this paragraph in lieu of
| 10 | | registration under paragraph (a), upon filing of a proper | 11 | | application
and the payment of the $10 registration fee and the | 12 | | highway use tax
herein specified as follows:
| 13 | | SCHEDULE OF FEES AND TAXES
|
|
14 | | Gross Weight in Lbs. |
|
Total Amount for |
|
15 | | Including Truck and |
|
each |
|
16 | | Maximum Load |
Class |
Fiscal Year |
|
17 | | 16,000 lbs. or less |
VF |
$250 $150 |
|
18 | | 16,001 to 20,000 lbs. |
VG |
326 226 |
|
19 | | 20,001 to 24,000 lbs. |
VH |
390 290 |
|
20 | | 24,001 to 28,000 lbs. |
VJ |
478 378 |
|
21 | | 28,001 to 32,000 lbs. |
VK |
606 506 |
|
22 | | 32,001 to 36,000 lbs. |
VL |
710 610 |
|
23 | | 36,001 to 45,000 lbs. |
VP |
910 810 |
|
24 | | 45,001 to 54,999 lbs. |
VR |
1,126 1,026 |
|
25 | | 55,000 to 64,000 lbs. |
VT |
1,302 1,202 |
|
26 | | 64,001 to 73,280 lbs. |
VV |
1,390 1,290 |
|
|
| | | 10100SB0103sam001 | - 61 - | LRB101 04870 RJF 57981 a |
|
| 1 | | 73,281 to 77,000 lbs. |
VX |
1,450 1,350 |
|
2 | | 77,001 to 80,000 lbs. |
VZ |
1,590 1,490 |
|
3 | | In the event the Secretary of State revokes a farm truck | 4 | | registration
as authorized by law, the owner shall pay the flat | 5 | | weight tax due
hereunder before operating such truck.
| 6 | | Any combination of vehicles having 5 axles, with a distance | 7 | | of 42 feet or
less between extreme axles, that are subject to | 8 | | the weight limitations in
subsection (a) of Section 15-111 for | 9 | | which the owner of the combination
of
vehicles has elected to | 10 | | pay, in addition to the registration fee in subsection
(c), | 11 | | $125 to the Secretary of State for each registration year
shall | 12 | | be designated by the Secretary as a Special Hauling Vehicle.
| 13 | | (d) The number of axles necessary to carry the maximum load | 14 | | provided
shall be determined from Chapter 15 of this Code.
| 15 | | (e) An owner may only apply for and receive 5 farm truck
| 16 | | registrations, and only 2 of those 5 vehicles shall exceed | 17 | | 59,500 gross
weight in pounds per vehicle.
| 18 | | (f) Every person convicted of violating this Section by | 19 | | failure to pay
the appropriate flat weight tax to the Secretary | 20 | | of State as set forth in
the above tables shall be punished as | 21 | | provided for in Section 3-401.
| 22 | | (Source: P.A. 100-734, eff. 1-1-19; 100-956, eff. 1-1-19; | 23 | | revised 10-15-18.)
| 24 | | (625 ILCS 5/3-818) (from Ch. 95 1/2, par. 3-818)
| 25 | | Sec. 3-818. Mileage weight tax option. |
| | | 10100SB0103sam001 | - 62 - | LRB101 04870 RJF 57981 a |
|
| 1 | | (a) Any owner of a vehicle of
the second division may elect | 2 | | to pay a mileage weight tax for such vehicle
in lieu of the | 3 | | flat weight tax set out in Section 3-815. Such election
shall | 4 | | be binding to the end of the registration year. Renewal of this
| 5 | | election must be filed with the Secretary of State on or before | 6 | | July 1
of each registration period. In such event the owner | 7 | | shall, at the time
of making such election, pay the $10 | 8 | | registration fee and the minimum
guaranteed mileage weight tax, | 9 | | as hereinafter provided, which payment
shall permit the owner | 10 | | to operate that vehicle the maximum mileage in
this State | 11 | | hereinafter set forth. Any vehicle being operated on
mileage | 12 | | plates cannot be operated outside of this State. In addition
| 13 | | thereto, the owner of that vehicle shall pay a mileage weight | 14 | | tax at the
following rates for each mile traveled in this State | 15 | | in excess of the
maximum mileage provided under the minimum | 16 | | guaranteed basis:
| 17 | | BUS, TRUCK OR TRUCK TRACTOR
|
|
18 | | |
|
|
Maximum |
Mileage |
|
19 | | |
|
Minimum |
Mileage |
Weight Tax |
|
20 | | |
|
Guaranteed |
Permitted |
for Mileage |
|
21 | | Gross Weight |
|
Mileage |
Under |
in excess of |
|
22 | | Vehicle and |
|
Weight |
Guaranteed |
Guaranteed |
|
23 | | Load |
Class |
Tax |
Tax |
Mileage |
|
24 | | 12,000 lbs. or less |
MD |
$173 $73 |
5,000 |
26 Mills |
|
25 | | 12,001 to 16,000 lbs. |
MF |
220 120 |
6,000 |
34 Mills |
|
26 | | 16,001 to 20,000 lbs. |
MG |
280 180 |
6,000 |
46 Mills |
|
|
| | | 10100SB0103sam001 | - 63 - | LRB101 04870 RJF 57981 a |
|
| 1 | | 20,001 to 24,000 lbs. |
MH |
335 235 |
6,000 |
63 Mills |
|
2 | | 24,001 to 28,000 lbs. |
MJ |
415 315 |
7,000 |
63 Mills |
|
3 | | 28,001 to 32,000 lbs. |
MK |
485 385 |
7,000 |
83 Mills |
|
4 | | 32,001 to 36,000 lbs. |
ML |
585 485 |
7,000 |
99 Mills |
|
5 | | 36,001 to 40,000 lbs. |
MN |
715 615 |
7,000 |
128 Mills |
|
6 | | 40,001 to 45,000 lbs. |
MP |
795 695 |
7,000 |
139 Mills |
|
7 | | 45,001 to 54,999 lbs. |
MR |
953 853 |
7,000 |
156 Mills |
|
8 | | 55,000 to 59,500 lbs. |
MS |
1,020 920 |
7,000 |
178 Mills |
|
9 | | 59,501 to 64,000 lbs. |
MT |
1,085 985 |
7,000 |
195 Mills |
|
10 | | 64,001 to 73,280 lbs. |
MV |
1,273 1,173 |
7,000 |
225 Mills |
|
11 | | 73,281 to 77,000 lbs. |
MX |
1,428 1,328 |
7,000 |
258 Mills |
|
12 | | 77,001 to 80,000 lbs. |
MZ |
1,515 1,415 |
7,000 |
275 Mills |
|
13 | | TRAILER
|
|
14 | | |
|
|
Maximum |
Mileage |
|
15 | | |
|
Minimum |
Mileage |
Weight Tax |
|
16 | | |
|
Guaranteed |
Permitted |
for Mileage |
|
17 | | Gross Weight |
|
Mileage |
Under |
in excess of |
|
18 | | Vehicle and |
|
Weight |
Guaranteed |
Guaranteed |
|
19 | | Load |
Class |
Tax |
Tax |
Mileage |
|
20 | | 14,000 lbs. or less |
ME |
$175 $75 |
5,000 |
31 Mills |
|
21 | | 14,001 to 20,000 lbs. |
MF |
235 135 |
6,000 |
36 Mills |
|
22 | | 20,001 to 36,000 lbs. |
ML |
640 540 |
7,000 |
103 Mills |
|
23 | | 36,001 to 40,000 lbs. |
MM |
850 750 |
7,000 |
150 Mills |
|
24 | | (a-1) A Special Hauling Vehicle is a vehicle or combination | 25 | | of vehicles of
the second
division registered under Section | 26 | | 3-813 transporting asphalt or concrete in the
plastic state or |
| | | 10100SB0103sam001 | - 64 - | LRB101 04870 RJF 57981 a |
|
| 1 | | a vehicle or combination of vehicles that are subject to the
| 2 | | gross weight limitations in subsection (a) of Section 15-111 | 3 | | for which the
owner of the
vehicle or combination of vehicles | 4 | | has elected to pay, in addition to the
registration fee in | 5 | | subsection (a), $125 to the Secretary of State
for each
| 6 | | registration year. The Secretary shall designate this class of | 7 | | vehicle as
a Special Hauling Vehicle.
| 8 | | In preparing rate schedules on registration applications, | 9 | | the Secretary
of State shall add to the above rates, the $10 | 10 | | registration fee. The
Secretary may decline to accept any | 11 | | renewal filed after July 1st.
| 12 | | The number of axles necessary to carry the maximum load | 13 | | provided
shall be determined from Chapter 15 of this Code.
| 14 | | Every owner of a second division motor vehicle for which he | 15 | | has
elected to pay a mileage weight tax shall keep a daily | 16 | | record upon forms
prescribed by the Secretary of State, showing | 17 | | the mileage covered by
that vehicle in this State. Such record | 18 | | shall contain the license number
of the vehicle and the miles | 19 | | traveled by the vehicle in this State for
each day of the | 20 | | calendar month. Such owner shall also maintain records
of fuel | 21 | | consumed by each such motor vehicle and fuel purchases | 22 | | therefor.
On or before the 10th day of July the owner
shall | 23 | | certify to the Secretary of State upon forms prescribed | 24 | | therefor,
summaries of his daily records which shall show the | 25 | | miles traveled by
the vehicle in this State during the | 26 | | preceding 12 months and such other
information as the Secretary |
| | | 10100SB0103sam001 | - 65 - | LRB101 04870 RJF 57981 a |
|
| 1 | | of State may require. The daily record and
fuel records shall | 2 | | be filed, preserved and available for audit for a
period of 3 | 3 | | years. Any owner filing a return hereunder shall certify
that | 4 | | such return is a true, correct and complete return. Any person | 5 | | who
willfully makes a false return hereunder is guilty of | 6 | | perjury and shall
be punished in the same manner and to the | 7 | | same extent as is provided
therefor.
| 8 | | At the time of filing his return, each owner shall pay to | 9 | | the
Secretary of State the proper amount of tax at the rate | 10 | | herein imposed.
| 11 | | Every owner of a vehicle of the second division who elects | 12 | | to pay on
a mileage weight tax basis and who operates the | 13 | | vehicle within this
State, shall file with the Secretary of | 14 | | State a bond in the amount of
$500. The bond shall be in a form | 15 | | approved by the Secretary of State and with
a surety company
| 16 | | approved by the Illinois Department of Insurance to transact
| 17 | | business in this State as surety, and shall be conditioned upon | 18 | | such
applicant's paying to the State of Illinois all money | 19 | | becoming
due by
reason of the operation of the second division | 20 | | vehicle in this State,
together with all penalties and interest | 21 | | thereon.
| 22 | | Upon notice from the Secretary that the registrant has | 23 | | failed to pay the
excess mileage fees, the surety shall | 24 | | immediately pay the fees together with
any penalties and | 25 | | interest thereon in an amount not to exceed the limits of the
| 26 | | bond.
|
| | | 10100SB0103sam001 | - 66 - | LRB101 04870 RJF 57981 a |
|
| 1 | | (b) Beginning January 1, 2016, upon the request of the
| 2 | | vehicle owner, a $10 surcharge shall be collected in addition
| 3 | | to the above fees for vehicles in the 12,000 lbs. and less | 4 | | mileage
weight plate category as described in subsection (a) to | 5 | | be
deposited into the Secretary of State Special License Plate
| 6 | | Fund. The $10 surcharge is to identify vehicles in the 12,000
| 7 | | lbs. and less mileage weight plate category as a covered farm
| 8 | | vehicle. The $10 surcharge is an annual flat fee that shall be
| 9 | | based on an applicant's new or existing registration year for
| 10 | | each vehicle in the 12,000 lbs. and less mileage weight plate
| 11 | | category. A designation as a covered farm vehicle under this
| 12 | | subsection (b) shall not alter a vehicle's registration as a
| 13 | | registration in the 12,000 lbs. or less mileage weight | 14 | | category.
The Secretary shall adopt any rules necessary to | 15 | | implement this
subsection (b). | 16 | | (Source: P.A. 99-57, eff. 7-16-15; 99-642, eff. 7-28-16.)
| 17 | | (625 ILCS 5/3-819) (from Ch. 95 1/2, par. 3-819)
| 18 | | Sec. 3-819. Trailer; Flat weight tax.
| 19 | | (a) Farm Trailer. Any farm trailer drawn by a motor vehicle | 20 | | of the
second division registered under paragraph (a) or (c) of | 21 | | Section 3-815 and
used exclusively by the owner for his own | 22 | | agricultural, horticultural or
livestock raising operations | 23 | | and not used for hire, or any farm trailer
utilized only in the | 24 | | transportation for-hire of seasonal, fresh, perishable
fruit | 25 | | or vegetables from farm to the point of first processing, and |
| | | 10100SB0103sam001 | - 67 - | LRB101 04870 RJF 57981 a |
|
| 1 | | any
trailer used with a farm tractor that is not an implement | 2 | | of husbandry may
be registered under this paragraph in lieu of | 3 | | registration under paragraph
(b) of this Section upon the | 4 | | filing of a proper application and the payment
of the $10 | 5 | | registration fee and the highway use tax herein for use of the
| 6 | | public highways of this State, at the following rates which | 7 | | include the $10
registration fee:
|
|
8 | | SCHEDULE OF FEES AND TAXES |
|
9 | | Gross Weight in Lbs. |
Class |
Total Amount |
|
10 | | Including Vehicle |
|
each |
|
11 | | and Maximum Load |
|
Fiscal Year |
|
12 | | 10,000 lbs. or less |
VDD |
$160 $60 |
|
13 | | 10,001 to 14,000 lbs. |
VDE |
206 106 |
|
14 | | 14,001 to 20,000 lbs. |
VDG |
266 166 |
|
15 | | 20,001 to 28,000 lbs. |
VDJ |
478 378 |
|
16 | | 28,001 to 36,000 lbs. |
VDL |
750 650 |
|
17 | | An owner may only apply for and receive two farm trailer
| 18 | | registrations.
| 19 | | (b) All other owners of trailers, other than apportionable | 20 | | trailers
registered under Section 3-402.1 of this Code, used | 21 | | with a motor vehicle on
the public highways, shall pay to the | 22 | | Secretary of State for each
registration year a flat weight | 23 | | tax, for the use of the public highways
of this State, at the | 24 | | following rates (which includes the registration
fee of $10 | 25 | | required by Section 3-813):
|
|
26 | | SCHEDULE OF TRAILER FLAT |
|
|
| | | 10100SB0103sam001 | - 68 - | LRB101 04870 RJF 57981 a |
|
| 1 | | WEIGHT TAX REQUIRED |
|
2 | | BY LAW |
|
3 | | Gross Weight in Lbs. |
|
Total Fees |
|
4 | | Including Vehicle and |
|
each |
|
5 | | Maximum Load |
Class |
Fiscal Year |
|
6 | | 3,000 lbs. and less |
TA |
$118 $18 |
|
7 | | 5,000 lbs. and more than 3,000 |
TB |
154 54 |
|
8 | | 8,000 lbs. and more than 5,000 |
TC |
158 58 |
|
9 | | 10,000 lbs. and more than 8,000 |
TD |
206 106 |
|
10 | | 14,000 lbs. and more than 10,000 |
TE |
270 170 |
|
11 | | 20,000 lbs. and more than 14,000 |
TG |
358 258 |
|
12 | | 32,000 lbs. and more than 20,000 |
TK |
822 722 |
|
13 | | 36,000 lbs. and more than 32,000 |
TL |
1,182 1,082 |
|
14 | | 40,000 lbs. and more than 36,000 |
TN |
1,602 1,502 |
|
15 | | (c) The number of axles necessary to carry the maximum load | 16 | | provided
shall be determined from Chapter 15 of this Code.
| 17 | | (Source: P.A. 96-328, eff. 8-11-09.)
| 18 | | (625 ILCS 5/3-821) (from Ch. 95 1/2, par. 3-821)
| 19 | | Sec. 3-821. Miscellaneous registration and title fees.
| 20 | | (a) Except as provided under subsection (h), the fee to be | 21 | | paid to the Secretary of State for the following
certificates, | 22 | | registrations or evidences of proper registration, or for
| 23 | | corrected or duplicate documents shall be in accordance with | 24 | | the following
schedule:
|
|
25 | | Certificate of Title, except for an all-terrain |
|
|
|
| | | 10100SB0103sam001 | - 69 - | LRB101 04870 RJF 57981 a |
|
| 1 | | vehicle or off-highway motorcycle |
$155 $95 |
|
2 | | Certificate of Title for an all-terrain vehicle |
|
|
3 | | or off-highway motorcycle |
$30 |
|
4 | | Certificate of Title for an all-terrain
vehicle |
|
|
5 | | or off-highway motorcycle used for production |
|
|
6 | | agriculture, or accepted by a dealer in trade | 13 | |
7 | | Certificate of Title for a low-speed vehicle | 30 |
|
8 | | Transfer of Registration or any evidence of |
|
|
9 | | proper registration
|
$25 |
|
10 | | Duplicate Registration Card for plates or other |
|
|
11 | | evidence of proper registration |
3 |
|
12 | | Duplicate Registration Sticker or Stickers, each | 20 |
|
13 | | Duplicate Certificate of Title |
155 95 |
|
14 | | Corrected Registration Card or Card for other |
|
|
15 | | evidence of proper registration |
3 |
|
16 | | Corrected Certificate of Title |
155 95 |
|
17 | | Salvage Certificate |
4 |
|
18 | | Fleet Reciprocity Permit |
15 |
|
19 | | Prorate Decal |
1 |
|
20 | | Prorate Backing Plate |
3 |
|
21 | | Special Corrected Certificate of Title | 15
| |
22 | | Expedited Title Service (to be charged in addition | 23 | | to other applicable fees) | 30 | |
24 | | Dealer Lien Release Certificate of Title | 20 |
|
25 | | A special corrected certificate of title shall be issued | 26 | | (i) to remove a co-owner's name due to the death of the |
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| 1 | | co-owner, to transfer title to a spouse if the decedent-spouse | 2 | | was the sole owner on the title, or due to a divorce; (ii) to | 3 | | change a co-owner's name due to a marriage; or (iii) due to a | 4 | | name change under Article XXI of the Code of Civil Procedure.
| 5 | | There shall be no fee paid for a Junking Certificate.
| 6 | | There shall be no fee paid for a certificate of title | 7 | | issued to a county when the vehicle is forfeited to the county | 8 | | under Article 36 of the Criminal Code of 2012. | 9 | | (a-5) The Secretary of State may revoke a certificate of | 10 | | title and registration card and issue a corrected certificate | 11 | | of title and registration card, at no fee to the vehicle owner | 12 | | or lienholder, if there is proof that the vehicle | 13 | | identification number is erroneously shown on the original | 14 | | certificate of title.
| 15 | | (a-10) The Secretary of State may issue, in connection with | 16 | | the sale of a motor vehicle, a corrected title to a motor | 17 | | vehicle dealer upon application and submittal of a lien release | 18 | | letter from the lienholder listed in the files of the | 19 | | Secretary. In the case of a title issued by another state, the | 20 | | dealer must submit proof from the state that issued the last | 21 | | title. The corrected title, which shall be known as a dealer | 22 | | lien release certificate of title, shall be issued in the name | 23 | | of the vehicle owner without the named lienholder. If the motor | 24 | | vehicle is currently titled in a state other than Illinois, the | 25 | | applicant must submit either (i) a letter from the current | 26 | | lienholder releasing the lien and stating that the lienholder |
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| 1 | | has possession of the title; or (ii) a letter from the current | 2 | | lienholder releasing the lien and a copy of the records of the | 3 | | department of motor vehicles for the state in which the vehicle | 4 | | is titled, showing that the vehicle is titled in the name of | 5 | | the applicant and that no liens are recorded other than the | 6 | | lien for which a release has been submitted. The fee for the | 7 | | dealer lien release certificate of title is $20. | 8 | | (b) The Secretary may prescribe the maximum service charge | 9 | | to be
imposed upon an applicant for renewal of a registration | 10 | | by any person
authorized by law to receive and remit or | 11 | | transmit to the Secretary such
renewal application and fees | 12 | | therewith.
| 13 | | (c) If payment is delivered to the Office of the Secretary | 14 | | of State
as payment of any fee or tax under this Code, and such | 15 | | payment is not
honored for any reason, the registrant
or other | 16 | | person tendering the payment remains liable for the payment of
| 17 | | such fee or tax. The Secretary of State may assess a service | 18 | | charge of $25
in addition to the fee or tax due and owing for | 19 | | all dishonored payments.
| 20 | | If the total amount then due and owing exceeds the sum of | 21 | | $100 and
has not been paid in full within 60 days from the date | 22 | | the dishonored payment was first delivered to the Secretary of | 23 | | State, the Secretary of State shall
assess a penalty of 25% of | 24 | | such amount remaining unpaid.
| 25 | | All amounts payable under this Section shall be computed to | 26 | | the
nearest dollar. Out of each fee collected for dishonored |
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| 1 | | payments, $5 shall be deposited in the Secretary of State | 2 | | Special Services Fund.
| 3 | | (d) The minimum fee and tax to be paid by any applicant for
| 4 | | apportionment of a fleet of vehicles under this Code shall be | 5 | | $15
if the application was filed on or before the date | 6 | | specified by the
Secretary together with fees and taxes due. If | 7 | | an application and the
fees or taxes due are filed after the | 8 | | date specified by the Secretary,
the Secretary may prescribe | 9 | | the payment of interest at the rate of 1/2
of 1% per month or | 10 | | fraction thereof after such due date and a minimum of
$8.
| 11 | | (e) Trucks, truck tractors, truck tractors with loads, and | 12 | | motor buses,
any one of which having a combined total weight in | 13 | | excess of 12,000 lbs.
shall file an application for a Fleet | 14 | | Reciprocity Permit issued by the
Secretary of State. This | 15 | | permit shall be in the possession of any driver
operating a | 16 | | vehicle on Illinois highways. Any foreign licensed vehicle of | 17 | | the
second division operating at any time in Illinois without a | 18 | | Fleet Reciprocity
Permit or other proper Illinois | 19 | | registration, shall subject the operator to the
penalties | 20 | | provided in Section 3-834 of this Code. For the purposes of | 21 | | this
Code, "Fleet Reciprocity Permit" means any second division | 22 | | motor vehicle with a
foreign license and used only in | 23 | | interstate transportation of goods. The fee
for such permit | 24 | | shall be $15 per fleet which shall include all
vehicles of the | 25 | | fleet being registered.
| 26 | | (f) For purposes of this Section, "all-terrain vehicle or |
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| 1 | | off-highway
motorcycle used for production agriculture" means | 2 | | any all-terrain vehicle or
off-highway motorcycle used in the | 3 | | raising
of or the propagation of livestock, crops for sale for | 4 | | human consumption,
crops for livestock consumption, and | 5 | | production seed stock grown for the
propagation of feed grains | 6 | | and the husbandry of animals or for the purpose
of providing a | 7 | | food product, including the husbandry of blood stock as a
main | 8 | | source of providing a food product.
"All-terrain vehicle or | 9 | | off-highway motorcycle used in production agriculture"
also | 10 | | means any all-terrain vehicle or off-highway motorcycle used in | 11 | | animal
husbandry, floriculture, aquaculture, horticulture, and | 12 | | viticulture.
| 13 | | (g) All of the proceeds of the additional fees imposed by | 14 | | Public Act 96-34 shall be deposited into the Capital Projects | 15 | | Fund. | 16 | | (h) The fee for a duplicate registration sticker or | 17 | | stickers shall be the amount required under subsection (a) or | 18 | | the vehicle's annual registration fee amount, whichever is | 19 | | less. | 20 | | (Source: P.A. 99-260, eff. 1-1-16; 99-607, eff. 7-22-16; | 21 | | 100-956, eff. 1-1-19 .)
| 22 | | (625 ILCS 5/6-118)
| 23 | | Sec. 6-118. Fees. | 24 | | (a) The fees fee for licenses and permits under this
| 25 | | Article are is as follows: |
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| 1 | | Original driver's license ..........................$60 $30 | 2 | | Original or renewal driver's license | 3 | | issued to 18, 19 and 20 year olds ................. 10 5 | 4 | | All driver's licenses for persons | 5 | | age 69 through age 80 ............................. 10 5 | 6 | | All driver's licenses for persons | 7 | | age 81 through age 86 .............................. 2 | 8 | | All driver's licenses for persons | 9 | | age 87 or older .....................................0 | 10 | | Renewal driver's license (except for | 11 | | applicants ages 18, 19 and 20 or | 12 | | age 69 and older) ................................60 30 | 13 | | Original instruction permit issued to | 14 | | persons (except those age 69 and older) | 15 | | who do not hold or have not previously | 16 | | held an Illinois instruction permit or | 17 | | driver's license .................................. 20 | 18 | | Instruction permit issued to any person | 19 | | holding an Illinois driver's license | 20 | | who wishes a change in classifications, | 21 | | other than at the time of renewal .................. 5 | 22 | | Any instruction permit issued to a person | 23 | | age 69 and older ................................... 5 | 24 | | Instruction permit issued to any person, | 25 | | under age 69, not currently holding a | 26 | | valid Illinois driver's license or |
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| 1 | | instruction permit but who has | 2 | | previously been issued either document | 3 | | in Illinois ....................................... 10 | 4 | | Restricted driving permit .............................. 8 | 5 | | Monitoring device driving permit ...................... 8 | 6 | | Duplicate or corrected driver's license | 7 | | or permit .......................................... 5 | 8 | | Duplicate or corrected restricted | 9 | | driving permit ..................................... 5 | 10 | | Duplicate or corrected monitoring | 11 | | device driving permit .................................. 5 | 12 | | Duplicate driver's license or permit issued to | 13 | | an active-duty member of the | 14 | | United States Armed Forces, | 15 | | the member's spouse, or | 16 | | the dependent children living | 17 | | with the member ................................... 0 | 18 | | Original or renewal M or L endorsement ................. 5 | 19 | | SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE | 20 | | The fees for commercial driver licenses and permits | 21 | | under Article V
shall be as follows: | 22 | | Commercial driver's license: | 23 | | $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund | 24 | | (Commercial Driver's License Information | 25 | | System/American Association of Motor Vehicle | 26 | | Administrators network/National Motor Vehicle |
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| 1 | | Title Information Service Trust Fund); | 2 | | $20 for the Motor Carrier Safety Inspection Fund; | 3 | | $10 for the driver's license; | 4 | | and $24 for the CDL: ............................. $60 | 5 | | Renewal commercial driver's license: | 6 | | $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund; | 7 | | $20 for the Motor Carrier Safety Inspection Fund; | 8 | | $10 for the driver's license; and | 9 | | $24 for the CDL: ................................. $60 | 10 | | Commercial learner's permit | 11 | | issued to any person holding a valid | 12 | | Illinois driver's license for the | 13 | | purpose of changing to a | 14 | | CDL classification: $6 for the | 15 | | CDLIS/AAMVAnet/NMVTIS Trust Fund; | 16 | | $20 for the Motor Carrier | 17 | | Safety Inspection Fund; and | 18 | | $24 for the CDL classification ................... $50 | 19 | | Commercial learner's permit | 20 | | issued to any person holding a valid | 21 | | Illinois CDL for the purpose of | 22 | | making a change in a classification, | 23 | | endorsement or restriction ........................ $5 | 24 | | CDL duplicate or corrected license .................... $5 | 25 | | In order to ensure the proper implementation of the Uniform | 26 | | Commercial
Driver License Act, Article V of this Chapter, the |
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| 1 | | Secretary of State is
empowered to prorate pro-rate the $24 fee | 2 | | for the commercial driver's license
proportionate to the | 3 | | expiration date of the applicant's Illinois driver's
license. | 4 | | The fee for any duplicate license or permit shall be waived | 5 | | for any
person who presents the Secretary of State's office | 6 | | with a
police report showing that his license or permit was | 7 | | stolen. | 8 | | The fee for any duplicate license or permit shall be waived | 9 | | for any
person age 60 or older whose driver's license or permit | 10 | | has been lost or stolen. | 11 | | No additional fee shall be charged for a driver's license, | 12 | | or for a
commercial driver's license, when issued
to the holder | 13 | | of an instruction permit for the same classification or
type of | 14 | | license who becomes eligible for such
license. | 15 | | The fee for a restricted driving permit under this | 16 | | subsection (a) shall be imposed annually until the expiration | 17 | | of the permit. | 18 | | (a-5) The fee for a driver's record or data contained | 19 | | therein is $12. | 20 | | (b) Any person whose license or privilege to operate a | 21 | | motor vehicle
in this State has been suspended or revoked under | 22 | | Section 3-707, any
provision of
Chapter 6, Chapter 11, or | 23 | | Section 7-205, 7-303, or 7-702 of the Family
Financial
| 24 | | Responsibility Law of this Code, shall in addition to any other
| 25 | | fees required by this Code, pay a reinstatement fee as follows: | 26 | | Suspension under Section 3-707 .....................
$100
|
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| 1 | | Suspension under Section 11-1431 ....................$100 | 2 | | Summary suspension under Section 11-501.1 ...........$250
| 3 | | Suspension under Section 11-501.9 ...................$250 | 4 | | Summary revocation under Section 11-501.1 ............$500 | 5 | | Other suspension ......................................$70 | 6 | | Revocation ...........................................$500 | 7 | | However, any person whose license or privilege to operate a | 8 | | motor vehicle
in this State has been suspended or revoked for a | 9 | | second or subsequent time
for a violation of Section 11-501, | 10 | | 11-501.1, or 11-501.9
of this Code or a similar provision of a | 11 | | local ordinance
or a similar out-of-state offense
or Section | 12 | | 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012
| 13 | | and each suspension or revocation was for a violation of | 14 | | Section 11-501,
11-501.1, or 11-501.9 of this Code or a similar | 15 | | provision of a local ordinance
or a similar out-of-state | 16 | | offense
or Section
9-3 of the Criminal Code of 1961 or the | 17 | | Criminal Code of 2012
shall pay, in addition to any other
fees | 18 | | required by this Code, a
reinstatement
fee as follows: | 19 | | Summary suspension under Section 11-501.1 ............$500 | 20 | | Suspension under Section 11-501.9 ...................$500 | 21 | | Summary revocation under Section 11-501.1 ............$500 | 22 | | Revocation ...........................................$500 | 23 | | (c) All fees collected under the provisions of this Chapter | 24 | | 6 shall be disbursed under subsection (g) of Section 2-119 of | 25 | | this Code,
except as follows: | 26 | | 1. The following amounts shall be paid into the Drivers |
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| 1 | | Education Fund: | 2 | | (A) $16 of the $20
fee for an original driver's | 3 | | instruction permit; | 4 | | (B) $5 of the $30 fee for an original driver's | 5 | | license; | 6 | | (C) $5 of the $30 fee for a 4 year renewal driver's | 7 | | license;
| 8 | | (D) $4 of the $8 fee for a restricted driving | 9 | | permit; and | 10 | | (E) $4 of the $8 fee for a monitoring device | 11 | | driving permit. | 12 | | 2. $30 of the $250 fee for reinstatement of a
license
| 13 | | summarily suspended under Section 11-501.1 or suspended | 14 | | under Section 11-501.9 shall be deposited into the
Drunk | 15 | | and Drugged Driving Prevention Fund.
However, for a person | 16 | | whose license or privilege to operate a motor vehicle
in | 17 | | this State has been suspended or revoked for a second or | 18 | | subsequent time for
a violation of Section 11-501, | 19 | | 11-501.1, or 11-501.9 of this Code or Section 9-3 of the
| 20 | | Criminal Code of 1961 or the Criminal Code of 2012,
$190 of | 21 | | the $500 fee for reinstatement of a license summarily
| 22 | | suspended under
Section 11-501.1 or suspended under | 23 | | Section 11-501.9,
and $190 of the $500 fee for | 24 | | reinstatement of a revoked license
shall be deposited into | 25 | | the Drunk and Drugged Driving Prevention Fund. $190 of the | 26 | | $500 fee for reinstatement of a license summarily revoked |
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| 1 | | pursuant to Section 11-501.1 shall be deposited into the | 2 | | Drunk and Drugged Driving Prevention Fund. | 3 | | 3. $6 of the original or renewal fee for a commercial | 4 | | driver's
license and $6 of the commercial learner's permit | 5 | | fee when the
permit is issued to any person holding a valid | 6 | | Illinois driver's license,
shall be paid into the | 7 | | CDLIS/AAMVAnet/NMVTIS Trust Fund. | 8 | | 4. $30 of the $70 fee for reinstatement of a license | 9 | | suspended
under the
Family
Financial Responsibility Law | 10 | | shall be paid into the Family Responsibility
Fund. | 11 | | 5. The $5 fee for each original or renewal M or L | 12 | | endorsement shall be
deposited into the Cycle Rider Safety | 13 | | Training Fund. | 14 | | 6. $20 of any original or renewal fee for a commercial | 15 | | driver's
license or commercial learner's permit shall be | 16 | | paid into the Motor
Carrier Safety Inspection Fund. | 17 | | 7. The following amounts shall be paid into the General | 18 | | Revenue Fund: | 19 | | (A) $190 of the $250 reinstatement fee for a | 20 | | summary suspension under
Section 11-501.1 or a | 21 | | suspension under Section 11-501.9; | 22 | | (B) $40 of the $70 reinstatement fee for any other | 23 | | suspension provided
in subsection (b) of this Section; | 24 | | and | 25 | | (C) $440 of the $500 reinstatement fee for a first | 26 | | offense revocation
and $310 of the $500 reinstatement |
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| 1 | | fee for a second or subsequent revocation. | 2 | | 8. Fees collected under paragraph (4) of subsection (d) | 3 | | and subsection (h) of Section 6-205 of this Code; | 4 | | subparagraph (C) of paragraph 3 of subsection (c) of | 5 | | Section 6-206 of this Code; and paragraph (4) of subsection | 6 | | (a) of Section 6-206.1 of this Code, shall be paid into the | 7 | | funds set forth in those Sections. | 8 | | (d) All of the proceeds of the additional fees imposed by | 9 | | this amendatory Act of the 96th General Assembly shall be | 10 | | deposited into the Capital Projects Fund. | 11 | | (e) The additional fees imposed by this amendatory Act of | 12 | | the 96th General Assembly shall become effective 90 days after | 13 | | becoming law. | 14 | | (f) As used in this Section, "active-duty member of the | 15 | | United States Armed Forces" means a member of the Armed | 16 | | Services or Reserve Forces of the United States or a member of | 17 | | the Illinois National Guard who is called to active duty | 18 | | pursuant to an executive order of the President of the United | 19 | | States, an act of the Congress of the United States, or an | 20 | | order of the Governor. | 21 | | (g) The additional fees imposed under this Section by this | 22 | | amendatory Act of the 101st General Assembly shall become | 23 | | effective July 1, 2019. | 24 | | (Source: P.A. 99-127, eff. 1-1-16; 99-438, eff. 1-1-16; 99-642, | 25 | | eff. 7-28-16; 99-933, eff. 1-27-17; 100-590, eff. 6-8-18; | 26 | | 100-803, eff. 1-1-19; revised 10-24-18.) |
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| 1 | | Section 45. The Criminal Code of 2012 is amended by adding | 2 | | Section 49-7 as follows: | 3 | | (720 ILCS 5/49-7 new) | 4 | | Sec. 49-7. Violation of civil rights. | 5 | | (a) As used in this Section: | 6 | | "Age", "disability", "military status", "national origin", | 7 | | "order of protection status", "pregnancy", "religion", "sex", | 8 | | "sexual orientation", "unfavorable military discharge", and | 9 | | "unlawful discrimination" have the meanings ascribed to them in | 10 | | Section 1-103 of the Illinois Human Rights Act. | 11 | | "Employer", "employee", "employment agency", and "labor | 12 | | organization" have the meanings ascribed to them in Section | 13 | | 2-101 of the Illinois Human Rights Act. | 14 | | "Operator", "place of public accommodation", and "public | 15 | | official" have the meanings ascribed to them in Section 5-101 | 16 | | of the Illinois Human Rights Act. | 17 | | "Public works" has the meaning ascribed to it in Section 2 | 18 | | of the Prevailing Wage Act. | 19 | | (b) A person commits a violation of civil rights or when he | 20 | | or she knowingly: | 21 | | (1) denies to another the full and equal enjoyment of | 22 | | the facilities and services of a place of public | 23 | | accommodation because of unlawful discrimination; | 24 | | (2) as operator of a place of public accommodation, |
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| 1 | | directly or indirectly, publishes, circulates, displays, | 2 | | mails, or emails a written or electronic communication, | 3 | | except a private communication sent in response to a | 4 | | specific inquiry, which he or she knows is to the effect | 5 | | that a facility of the place of public accommodation will | 6 | | be denied to a person because of unlawful discrimination or | 7 | | that the patronage of a person is unwelcome, objectionable, | 8 | | or unacceptable for the purpose of unlawful | 9 | | discrimination; | 10 | | (3) as a public official, refuses to employ, or | 11 | | discriminates in the employment of, another for a public | 12 | | contract or public works project because of unlawful | 13 | | discrimination; | 14 | | (4) as a public official, denies or refuses to a person | 15 | | the full and equal enjoyment of the accommodations, | 16 | | advantages, facilities, or privileges of his or her office | 17 | | or services, or of property under his or her care because | 18 | | of unlawful discrimination. | 19 | | (5) for an employer, because of unlawful | 20 | | discrimination, to refuse to hire, to segregate, or | 21 | | otherwise to discriminate against that person with respect | 22 | | to: hiring, selection, and training for apprenticeship in a | 23 | | trade or craft, tenure, terms, or conditions of employment; | 24 | | (6) for an employment agency to fail or refuse to | 25 | | classify property, accept applications, and register for | 26 | | employment referral or apprenticeship referral, refer for |
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| 1 | | employment, refer for apprenticeship, or otherwise to | 2 | | discriminate against an individual because of unlawful | 3 | | discrimination, or to accept from a person a job order, | 4 | | requisition, or request for referral of applicants for | 5 | | employment for apprenticeship that makes, or has the effect | 6 | | of making, unlawful discrimination a condition of | 7 | | referral, except for a bona fide occupational | 8 | | qualification; | 9 | | (7) for a labor organization because of unlawful | 10 | | discrimination of a person to discriminate against that | 11 | | person, or to limit, segregate, or classify its membership | 12 | | with respect to that person, or to limit that person's | 13 | | employment opportunities, that person's selection and | 14 | | training for apprenticeship in a trade or craft, or | 15 | | otherwise to take, or fail to take, an action that affects | 16 | | adversely the person's status as an employee or as an | 17 | | applicant for employment or as an apprentice, or as an | 18 | | applicant for an apprenticeship, or that person's wages, | 19 | | tenure, hours of employment, or apprenticeship conditions; | 20 | | (8) for an employer, employment agency, or labor | 21 | | organization to discriminate against a person because he or | 22 | | she, reasonably and in good faith, has opposed a practice | 23 | | forbidden in this Section, or because he or she, reasonably | 24 | | and in good faith, has made a charge, testified or assisted | 25 | | in an investigation, proceeding, or hearing under the | 26 | | Illinois Human Rights Act; |
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| 1 | | (9) for an employer, employment agency, or labor | 2 | | organization to inquire on a written application whether a | 3 | | job applicant has ever been arrested; or | 4 | | (10) for a person to compel or coerce another person to | 5 | | engage in an act declared by this Section to be unlawful | 6 | | discrimination. | 7 | | (c) Nothing in this Section prohibits a person who is | 8 | | aggrieved by a violation of this Section to petition the | 9 | | Department of Human Rights or for the Department of Human | 10 | | Rights to seek remedies under the Illinois Human Rights Act on | 11 | | behalf of a person claiming unlawful discrimination. | 12 | | (d) Nothing in this Section shall be construed to impose | 13 | | criminal liability for actions that are exempt from civil | 14 | | liability under the Illinois Human Rights Act. | 15 | | (e) Violation of the civil rights as provided under this | 16 | | Section is a Class B misdemeanor. ".
| 17 | | Section 99. Effective date. This Act takes effect upon | 18 | | becoming law.".
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