Full Text of SB1767 103rd General Assembly
SB1767sam001 103RD GENERAL ASSEMBLY | Sen. Rachel Ventura Filed: 3/3/2023
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| 1 | | AMENDMENT TO SENATE BILL 1767
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1767 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the Cargo | 5 | | Transportation Fee Act. | 6 | | Section 5. Definitions. As used in this Act: | 7 | | "Department" means the Department of Revenue. | 8 | | "Commercial motor vehicle" has the meaning given to that | 9 | | term in Section 18b-101 of the Illinois Vehicle Code. | 10 | | "Interstate carrier" has the meaning given to that term in | 11 | | Section 18c-1104 of the Illinois Vehicle Code. | 12 | | "Interstate commerce" has the meaning given to that term | 13 | | in Section 18c-1104 of the Illinois Vehicle Code. | 14 | | "Secretary" means the Secretary of State. | 15 | | Section 10. Fee imposed. On and after January 1, 2024, a |
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| 1 | | fee is imposed upon each interstate carrier that (i) | 2 | | transports by common carrier tangible personal property into | 3 | | the State from a point outside of the State, (ii) transports | 4 | | that tangible personal property for the purpose of selling | 5 | | that tangible personal property at retail outside of the | 6 | | State, and (iii) receives tangible personal property directly | 7 | | from an inland port located on more than 3,500 acres. The fee | 8 | | shall be imposed each time a commercial motor vehicle owned by | 9 | | a qualified interstate carrier receives tangible personal | 10 | | property directly from an inland port located on more than | 11 | | 3,500 acres. The fee is imposed in the following amounts: | 12 | | (1) $0.50 for each such commercial motor vehicle with | 13 | | a gross weight vehicle and load of 12,000 lbs. or less; | 14 | | (2) $1 for each such commercial motor vehicle with a | 15 | | gross weight vehicle and load of 12,001 to 16,000 lbs.; | 16 | | (3) $1.50 for each such commercial motor vehicle with | 17 | | a gross weight vehicle and load of 16,001 to 20,000 lbs.; | 18 | | (4) $2 for each such commercial motor vehicle with a | 19 | | gross weight vehicle and load of 20,001 to 24,000 lbs.; | 20 | | (5) $2.50 for each such commercial motor vehicle with | 21 | | a gross weight vehicle and load of 24,001 to 28,000 lbs.; | 22 | | (6) $3 for each such commercial motor vehicle with a | 23 | | gross weight vehicle and load of 28,001 to 32,000 lbs.; | 24 | | (7) $3.50 for each such commercial motor vehicle with | 25 | | a gross weight vehicle and load of 32,001 to 36,000 lbs.; | 26 | | (8) $4 for each such commercial motor vehicle with a |
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| 1 | | gross weight vehicle and load of 36,001 to 40,000 lbs.; | 2 | | (9) $4.50 for each such commercial motor vehicle with | 3 | | a gross weight vehicle and load of 40,001 to 45,000 lbs.; | 4 | | (10) $5 for each such commercial motor vehicle with a | 5 | | gross weight vehicle and load of 45,001 to 54,999 lbs.; | 6 | | (11) $5.50 for each such commercial motor vehicle with | 7 | | a gross weight vehicle and load of 55,000 to 59,500 lbs.; | 8 | | (12) $6 for each such commercial motor vehicle with a | 9 | | gross weight vehicle and load of 59,501 to 64,000 lbs.; | 10 | | (13) $6.50 for each such commercial motor vehicle with | 11 | | a gross weight vehicle and load of 64,001 to 73,280 lbs.; | 12 | | (14) $7 for each such commercial motor vehicle with a | 13 | | gross weight vehicle and load of 73,281 to 77,000 lbs.; | 14 | | (15) $7.50 for each such commercial motor vehicle with | 15 | | a gross weight vehicle and load of 77,001 to 80,000 lbs.; | 16 | | and | 17 | | (16) $8 for each such commercial motor vehicle with a | 18 | | gross weight vehicle and load of 80,001 lbs. or more. | 19 | | Section 15. Returns. | 20 | | (a) Except as otherwise provided in this Section, on or | 21 | | before the 15th day of each month, each interstate carrier | 22 | | that is liable for the payment of the fee under this Act shall | 23 | | make a return to the Department for the preceding calendar | 24 | | month stating: | 25 | | (1) the name of the interstate carrier; |
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| 1 | | (2) the address of the carrier's principal place of | 2 | | business; | 3 | | (3) the amount of the fee imposed under this Act; and | 4 | | (4) such other reasonable information as the
| 5 | | Department may require. | 6 | | (b) Any person required to make payments under this Act | 7 | | may make the payments by electronic funds transfer. The | 8 | | Department shall adopt rules necessary to effectuate a program | 9 | | of electronic funds transfer. | 10 | | (c) If the person's average monthly liability to the | 11 | | Department under this Act does not exceed $100, the Department | 12 | | may authorize his returns to be filed on a quarter annual | 13 | | basis, with the return for January, February, and March of a | 14 | | given year being due by April 30 of that year; with the return | 15 | | for April, May, and June of a given year being due by July 31 | 16 | | of that year; with the return for July, August, and September | 17 | | of a given year being due by October 31 of that year, and with | 18 | | the return for October, November, and December of a given year | 19 | | being due by January 31 of the following year. | 20 | | (d) If the persons's average monthly liability to the | 21 | | Department under this Act does not exceed $20, the Department | 22 | | may authorize his returns to be filed on an annual basis, with | 23 | | the return for a given year being due by January 31 of the | 24 | | following year. | 25 | | (e) The interstate carrier making the return provided for | 26 | | in this Section shall, at the time of making that return, pay |
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| 1 | | to the Department the amount of the fee imposed by this Act. | 2 | | Section 20. Incorporation of Retailers' Occupation Tax | 3 | | Act. All of the provisions of Sections 4, 5, 5a, 5b, 5c, 5d, | 4 | | 5e, 5f, 5g, 5i, 5j, 6b, and 6c of the Retailers' Occupation Tax | 5 | | Act that are not inconsistent with this Act, and Section 3-7 of | 6 | | the Uniform Penalty and Interest Act shall apply, as far as | 7 | | practicable, to the subject matter of this Act to the same | 8 | | extent as if such provisions were included in this Act. | 9 | | References in those incorporated Sections of the Retailers' | 10 | | Occupation Tax Act to retailers, to sellers, or to persons | 11 | | engaged in the business of selling tangible personal property | 12 | | mean interstate carriers for the purpose of this Act. | 13 | | Section 25. Distribution of proceeds. The proceeds from | 14 | | the fee imposed by this Act shall be deposited into the Cargo | 15 | | Transportation Fee Fund, a special fund created in the State | 16 | | treasury. Moneys in the Fund shall be used by the Secretary for | 17 | | road projects in areas of the State with heightened levels of | 18 | | traffic as a result of the transportation of tangible personal | 19 | | property located in counties that contain, in whole or in | 20 | | part, an inland port located on more than 3,500 acres. | 21 | | Section 30. Rules. The Department shall adopt rules to | 22 | | implement and administer this Act. |
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| 1 | | Section 900. The State Finance Act is amended by adding | 2 | | Section 5.990 as follows: | 3 | | (30 ILCS 105/5.990 new) | 4 | | Sec. 5.990. The Cargo Transportation Fee Fund. ".
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