Full Text of SB2784 103rd General Assembly
SB2784sam003 103RD GENERAL ASSEMBLY | Sen. Rachel Ventura Filed: 5/3/2024 | | 10300SB2784sam003 | | LRB103 35951 HLH 73035 a |
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| 1 | | AMENDMENT TO SENATE BILL 2784
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2784 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 | | "Intermodal facility" means a facility that provides for | 11 | | the transfer of freight from one mode of transportation to | 12 | | another. "Intermodal facility" does not include an airport. | 13 | | "Interstate carrier" has the meaning given to that term in | 14 | | Section 18c-1104 of the Illinois Vehicle Code. | 15 | | "Intrastate carrier" has the meaning given to that term in | 16 | | Section 18c-1104 of the Illinois Vehicle Code. |
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| 1 | | Section 10. Fee. On and after January 1, 2025, the | 2 | | corporate authorities of a municipality or, if the intermodal | 3 | | facility is located in an unincorporated area of a county, a | 4 | | county may enact, by ordinance, a fee upon each entity that is | 5 | | an interstate carrier or an intrastate carrier and that (i) | 6 | | transports by common carrier tangible personal property in the | 7 | | State, (ii) transports that tangible personal property for the | 8 | | purpose of selling that tangible personal property at retail, | 9 | | and (iii) receives tangible personal property directly from an | 10 | | intermodal facility that is located in the municipality or | 11 | | county that enacts the ordinance. The fee shall be imposed | 12 | | each time a commercial motor vehicle owned by a qualified | 13 | | interstate carrier or a qualified intrastate carrier receives | 14 | | tangible personal property directly from an intermodal | 15 | | facility that is located in the municipality or county that | 16 | | enacts an ordinance under this Section. If the intermodal | 17 | | facility is located in more than one municipality, more than | 18 | | one county, or in a municipality and an unincorporated area of | 19 | | a county, then only the municipality or county containing the | 20 | | majority of the intermodal facility may impose the fee under | 21 | | this Section on that intermodal facility. The fee is imposed | 22 | | in the following amounts: | 23 | | (1) $0.50 for each such commercial motor vehicle with | 24 | | a gross weight vehicle and load of 12,000 pounds or less; | 25 | | (2) $1 for each such commercial motor vehicle with a |
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| 1 | | gross weight vehicle and load of 12,001 to 16,000 pounds; | 2 | | (3) $1.50 for each such commercial motor vehicle with | 3 | | a gross weight vehicle and load of 16,001 to 20,000 | 4 | | pounds; | 5 | | (4) $2 for each such commercial motor vehicle with a | 6 | | gross weight vehicle and load of 20,001 to 24,000 pounds; | 7 | | (5) $2.50 for each such commercial motor vehicle with | 8 | | a gross weight vehicle and load of 24,001 to 28,000 | 9 | | pounds; | 10 | | (6) $3 for each such commercial motor vehicle with a | 11 | | gross weight vehicle and load of 28,001 to 32,000 pounds; | 12 | | (7) $3.50 for each such commercial motor vehicle with | 13 | | a gross weight vehicle and load of 32,001 to 36,000 | 14 | | pounds; | 15 | | (8) $4 for each such commercial motor vehicle with a | 16 | | gross weight vehicle and load of 36,001 to 40,000 pounds; | 17 | | (9) $4.50 for each such commercial motor vehicle with | 18 | | a gross weight vehicle and load of 40,001 to 45,000 | 19 | | pounds; | 20 | | (10) $5 for each such commercial motor vehicle with a | 21 | | gross weight vehicle and load of 45,001 to 54,999 pounds; | 22 | | (11) $5.50 for each such commercial motor vehicle with | 23 | | a gross weight vehicle and load of 55,000 to 59,500 | 24 | | pounds; | 25 | | (12) $6 for each such commercial motor vehicle with a | 26 | | gross weight vehicle and load of 59,501 to 64,000 pounds; |
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| 1 | | (13) $6.50 for each such commercial motor vehicle with | 2 | | a gross weight vehicle and load of 64,001 to 73,280 | 3 | | pounds; | 4 | | (14) $7 for each such commercial motor vehicle with a | 5 | | gross weight vehicle and load of 73,281 to 77,000 pounds; | 6 | | (15) $7.50 for each such commercial motor vehicle with | 7 | | a gross weight vehicle and load of 77,001 to 80,000 | 8 | | pounds; and | 9 | | (16) $8 for each such commercial motor vehicle with a | 10 | | gross weight vehicle and load of 80,001 pounds or more. | 11 | | Section 15. Returns. | 12 | | (a) Except as otherwise provided in this Section, on or | 13 | | before the 15th day of each month, each interstate or | 14 | | intrastate carrier that is liable for the payment of the fee | 15 | | under this Act shall make a return to the Department for the | 16 | | preceding calendar month stating: | 17 | | (1) the name of the interstate or intrastate carrier; | 18 | | (2) the address of the carrier's principal place of | 19 | | business; | 20 | | (3) the amount of the fee imposed under this Act; and | 21 | | (4) such other reasonable information as the | 22 | | Department may require. | 23 | | (b) Any person required to make payments under this Act | 24 | | may make the payments by electronic funds transfer. The | 25 | | Department shall adopt rules necessary to effectuate a program |
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| 1 | | of electronic funds transfer. | 2 | | (c) If the person's average monthly liability to the | 3 | | Department under this Act does not exceed $100, the Department | 4 | | may authorize the person's returns to be filed on a quarter | 5 | | annual basis, with the return for January, February, and March | 6 | | of a given year being due by April 30 of that year; with the | 7 | | return for April, May, and June of a given year being due by | 8 | | July 31 of that year; with the return for July, August, and | 9 | | September of a given year being due by October 31 of that year, | 10 | | and with the return for October, November, and December of a | 11 | | given year being due by January 31 of the following year. | 12 | | (d) If the person's average monthly liability to the | 13 | | Department under this Act does not exceed $20, the Department | 14 | | may authorize the person's returns to be filed on an annual | 15 | | basis, with the return for a given year being due by January 31 | 16 | | of the following year. | 17 | | (e) The interstate or intrastate carrier making the return | 18 | | provided for in this Section shall, at the time of making that | 19 | | return, pay to the Department the amount of the fee imposed by | 20 | | this Act. | 21 | | Section 20. Incorporation of Retailers' Occupation Tax | 22 | | Act. All of the provisions of Sections 4, 5, 5a, 5b, 5c, 5d, | 23 | | 5e, 5f, 5g, 5i, 5j, 6b, and 6c of the Retailers' Occupation Tax | 24 | | Act that are not inconsistent with this Act, and Section 3-7 of | 25 | | the Uniform Penalty and Interest Act shall apply, as far as |
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| 1 | | practicable, to the subject matter of this Act to the same | 2 | | extent as if such provisions were included in this Act. | 3 | | References in those incorporated Sections of the Retailers' | 4 | | Occupation Tax Act to retailers, to sellers, or to persons | 5 | | engaged in the business of selling tangible personal property | 6 | | mean interstate carriers or intrastate carriers for the | 7 | | purpose of this Act. | 8 | | Section 25. Distribution of proceeds. | 9 | | (a) Of the proceeds from the fee imposed by this Act, 95% | 10 | | shall be deposited into the Cargo Transportation Fee Fund, a | 11 | | special fund created in the State treasury. Moneys in the Fund | 12 | | shall be used by the Department of Transportation for road | 13 | | projects involving State and local roadways that are used as | 14 | | trucking routes and that are located within 5 miles of an | 15 | | intermodal facility that has a fee imposed under this Act. | 16 | | Moneys deposited into the Cargo Transportation Fee Fund as a | 17 | | result of a fee imposed under this Act by a particular | 18 | | municipality or county shall be used for road projects in that | 19 | | particular municipality or county. In addition, when | 20 | | distributing moneys from the Cargo Transportation Fee Fund, | 21 | | the Department of Transportation shall prioritize road | 22 | | projects based on the amount of damage to the roadway that | 23 | | needs to be corrected. | 24 | | (b) Of the proceeds from the fee imposed by this Act, 5% | 25 | | shall be deposited into the Motor Carrier Safety Inspection |
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| 1 | | Fund to be used by the Illinois State Police for motor carrier | 2 | | safety enforcement within 20 miles of an intermodal facility | 3 | | that has a fee imposed under this Act. | 4 | | Section 30. Rules. The Department shall adopt rules to | 5 | | implement and administer this Act. | 6 | | Section 900. The State Finance Act is amended by adding | 7 | | Section 5.1015 as follows: | 8 | | (30 ILCS 105/5.1015 new) | 9 | | Sec. 5.1015. The Cargo Transportation Fee Fund. ". |
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