(35 ILCS 505/8) (from Ch. 120, par. 424)
Sec. 8. Distribution of proceeds of tax. Except as provided in subsection (a-1) of this Section, Section 8a, subdivision
(h)(1) of Section 12a, Section 13a.6, and items
13, 14, 15, and 16 of Section 15, all money received by the Department under
this Act, including payments made to the Department by
member jurisdictions participating in the International Fuel Tax Agreement,
shall be deposited into a special fund in the State treasury, to be known as the
Motor Fuel Tax Fund, and shall be used as follows:
(a) 2 1/2 cents per gallon of the tax collected on special fuel under
paragraph (b) of Section 2 and Section 13a of this Act shall be transferred
to the State Construction Account Fund in the State Treasury; the remainder of the tax collected on special fuel under
paragraph (b) of Section 2 and Section 13a of this Act shall be deposited into the Road Fund;
(a-1) Beginning on July 1, 2019, an amount equal to the amount of tax collected under subsection (a) of Section 2 and Section 13a as a result of the increase in the tax rate under subsection (a) of Section 2 authorized by Public Act 101-32 shall be deposited each month into the Transportation Renewal Fund; provided, however, that the amount that represents the part (b) portion of the rate under Section 13a shall be deposited each month into the Motor Fuel Tax Fund and the Transportation Renewal Fund in the same proportion as the amount collected under subsection (a) of Section 2; (b) $420,000 shall be transferred each month to the State Boating Act
Fund to be used by the Department of Natural Resources for the purposes
specified in Article X of the Boat Registration and Safety Act;
(c) $3,500,000 shall be transferred each month to the Grade Crossing
Protection Fund to be used as follows: not less than $12,000,000 each fiscal
year shall be used for the construction or reconstruction of rail highway grade
separation structures; $5,500,000 in fiscal year 2022 and each fiscal
year
thereafter shall be transferred to the Transportation
Regulatory Fund and shall be used to pay the cost of administration
of the Illinois Commerce Commission's railroad safety program in connection
with its duties under subsection (3) of Section 18c-7401 of the Illinois
Vehicle Code, with the remainder to be used by the Department of Transportation
upon order of the Illinois Commerce Commission, to pay that part of the
cost apportioned by such Commission to the State to cover the interest
of the public in the use of highways, roads, streets, or
pedestrian walkways in the
county highway system, township and district road system, or municipal
street system as defined in the Illinois Highway Code, as the same may
from time to time be amended, for separation of grades, for installation,
construction or reconstruction of crossing protection or reconstruction,
alteration, relocation including construction or improvement of any
existing highway necessary for access to property or improvement of any
grade crossing and grade crossing surface including the necessary highway approaches thereto of any
railroad across the highway or public road, or for the installation,
construction, reconstruction, or maintenance of safety treatments to deter trespassing or a pedestrian walkway over or
under a railroad right-of-way, as provided for in and in
accordance with Section 18c-7401 of the Illinois Vehicle Code.
The Commission may order up to $2,000,000 per year in Grade Crossing Protection Fund moneys for the improvement of grade crossing surfaces and up to $300,000 per year for the maintenance and renewal of 4-quadrant gate vehicle detection systems located at non-high speed rail grade crossings.
In entering orders for projects for which payments from the Grade Crossing
Protection Fund will be made, the Commission shall account for expenditures
authorized by the orders on a cash rather than an accrual basis. For purposes
of this requirement an "accrual basis" assumes that the total cost of the
project is expended in the fiscal year in which the order is entered, while a
"cash basis" allocates the cost of the project among fiscal years as
expenditures are actually made. To meet the requirements of this subsection,
the Illinois Commerce Commission shall develop annual and 5-year project plans
of rail crossing capital improvements that will be paid for with moneys from
the Grade Crossing Protection Fund. The annual project plan shall identify
projects for the succeeding fiscal year and the 5-year project plan shall
identify projects for the 5 directly succeeding fiscal years. The Commission
shall submit the annual and 5-year project plans for this Fund to the Governor,
the President of the Senate, the Senate Minority Leader, the Speaker of the
House of Representatives, and the Minority Leader of the House of
Representatives on
the first Wednesday in April of each year;
(d) of the amount remaining after allocations provided for in
subsections (a), (a-1), (b), and (c), a sufficient amount shall be reserved to
pay all of the following:
(1) the costs of the Department of Revenue in |
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(2) the costs of the Department of Transportation in
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| performing its duties imposed by the Illinois Highway Code for supervising the use of motor fuel tax funds apportioned to municipalities, counties and road districts;
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(3) refunds provided for in Section 13, refunds for
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| overpayment of decal fees paid under Section 13a.4 of this Act, and refunds provided for under the terms of the International Fuel Tax Agreement referenced in Section 14a;
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(4) from October 1, 1985 until June 30, 1994, the
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| administration of the Vehicle Emissions Inspection Law, which amount shall be certified monthly by the Environmental Protection Agency to the State Comptroller and shall promptly be transferred by the State Comptroller and Treasurer from the Motor Fuel Tax Fund to the Vehicle Inspection Fund, and for the period July 1, 1994 through June 30, 2000, one-twelfth of $25,000,000 each month, for the period July 1, 2000 through June 30, 2003, one-twelfth of $30,000,000 each month, and $15,000,000 on July 1, 2003, and $15,000,000 on January 1, 2004, and $15,000,000 on each July 1 and October 1, or as soon thereafter as may be practical, during the period July 1, 2004 through June 30, 2012, and $30,000,000 on June 1, 2013, or as soon thereafter as may be practical, and $15,000,000 on July 1 and October 1, or as soon thereafter as may be practical, during the period of July 1, 2013 through June 30, 2015, for the administration of the Vehicle Emissions Inspection Law of 2005, to be transferred by the State Comptroller and Treasurer from the Motor Fuel Tax Fund into the Vehicle Inspection Fund;
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(4.5) beginning on July 1, 2019, the costs of the
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| Environmental Protection Agency for the administration of the Vehicle Emissions Inspection Law of 2005 shall be paid, subject to appropriation, from the Motor Fuel Tax Fund into the Vehicle Inspection Fund; beginning in 2019, no later than December 31 of each year, or as soon thereafter as practical, the State Comptroller shall direct and the State Treasurer shall transfer from the Vehicle Inspection Fund to the Motor Fuel Tax Fund any balance remaining in the Vehicle Inspection Fund in excess of $2,000,000;
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(5) amounts ordered paid by the Court of Claims; and
(6) payment of motor fuel use taxes due to member
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| jurisdictions under the terms of the International Fuel Tax Agreement. The Department shall certify these amounts to the Comptroller by the 15th day of each month; the Comptroller shall cause orders to be drawn for such amounts, and the Treasurer shall administer those amounts on or before the last day of each month;
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(e) after allocations for the purposes set forth in subsections
(a), (a-1), (b), (c), and (d), the remaining amount shall be apportioned as follows:
(1) Until January 1, 2000, 58.4%, and beginning
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| January 1, 2000, 45.6% shall be deposited as follows:
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(A) 37% into the State Construction Account Fund,
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(B) 63% into the Road Fund, $1,250,000 of which
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| shall be reserved each month for the Department of Transportation to be used in accordance with the provisions of Sections 6-901 through 6-906 of the Illinois Highway Code;
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(2) Until January 1, 2000, 41.6%, and beginning
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| January 1, 2000, 54.4% shall be transferred to the Department of Transportation to be distributed as follows:
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(A) 49.10% to the municipalities of the State,
(B) 16.74% to the counties of the State having
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| 1,000,000 or more inhabitants,
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(C) 18.27% to the counties of the State having
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| less than 1,000,000 inhabitants,
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(D) 15.89% to the road districts of the State.
If a township is dissolved under Article 24 of the
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| Township Code, McHenry County shall receive any moneys that would have been distributed to the township under this subparagraph, except that a municipality that assumes the powers and responsibilities of a road district under paragraph (6) of Section 24-35 of the Township Code shall receive any moneys that would have been distributed to the township in a percent equal to the area of the dissolved road district or portion of the dissolved road district over which the municipality assumed the powers and responsibilities compared to the total area of the dissolved township. The moneys received under this subparagraph shall be used in the geographic area of the dissolved township. If a township is reconstituted as provided under Section 24-45 of the Township Code, McHenry County or a municipality shall no longer be distributed moneys under this subparagraph.
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As soon as may be after the first day of each month, the Department of
Transportation shall allot to each municipality its share of the amount
apportioned to the several municipalities which shall be in proportion
to the population of such municipalities as determined by the last
preceding municipal census if conducted by the Federal Government or
Federal census. If territory is annexed to any municipality subsequent
to the time of the last preceding census the corporate authorities of
such municipality may cause a census to be taken of such annexed
territory and the population so ascertained for such territory shall be
added to the population of the municipality as determined by the last
preceding census for the purpose of determining the allotment for that
municipality. If the population of any municipality was not determined
by the last Federal census preceding any apportionment, the
apportionment to such municipality shall be in accordance with any
census taken by such municipality. Any municipal census used in
accordance with this Section shall be certified to the Department of
Transportation by the clerk of such municipality, and the accuracy
thereof shall be subject to approval of the Department which may make
such corrections as it ascertains to be necessary.
As soon as may be after the first day of each month, the Department of
Transportation shall allot to each county its share of the amount
apportioned to the several counties of the State as herein provided.
Each allotment to the several counties having less than 1,000,000
inhabitants shall be in proportion to the amount of motor vehicle
license fees received from the residents of such counties, respectively,
during the preceding calendar year. The Secretary of State shall, on or
before April 15 of each year, transmit to the Department of
Transportation a full and complete report showing the amount of motor
vehicle license fees received from the residents of each county,
respectively, during the preceding calendar year. The Department of
Transportation shall, each month, use for allotment purposes the last
such report received from the Secretary of State.
As soon as may be after the first day of each month, the Department
of Transportation shall allot to the several counties their share of the
amount apportioned for the use of road districts. The allotment shall
be apportioned among the several counties in the State in the proportion
which the total mileage of township or district roads in the respective
counties bears to the total mileage of all township and district roads
in the State. Funds allotted to the respective counties for the use of
road districts therein shall be allocated to the several road districts
in the county in the proportion which the total mileage of such township
or district roads in the respective road districts bears to the total
mileage of all such township or district roads in the county. After
July 1 of any year prior to 2011, no allocation shall be made for any road district
unless it levied a tax for road and bridge purposes in an amount which
will require the extension of such tax against the taxable property in
any such road district at a rate of not less than either .08% of the value
thereof, based upon the assessment for the year immediately prior to the year
in which such tax was levied and as equalized by the Department of Revenue
or, in DuPage County, an amount equal to or greater than $12,000 per mile of
road under the jurisdiction of the road district, whichever is less. Beginning July 1, 2011 and each July 1 thereafter, an allocation shall be made for any road district
if it levied a tax for road and bridge purposes. In counties other than DuPage County, if the amount of the tax levy requires the extension of the tax against the taxable property in
the road district at a rate that is less than 0.08% of the value
thereof, based upon the assessment for the year immediately prior to the year
in which the tax was levied and as equalized by the Department of Revenue, then the amount of the allocation for that road district shall be a percentage of the maximum allocation equal to the percentage obtained by dividing the rate extended by the district by 0.08%. In DuPage County, if the amount of the tax levy requires the extension of the tax against the taxable property in
the road district at a rate that is less than the lesser of (i) 0.08% of the value
of the taxable property in the road district, based upon the assessment for the year immediately prior to the year
in which such tax was levied and as equalized by the Department of Revenue,
or (ii) a rate that will yield an amount equal to $12,000 per mile of
road under the jurisdiction of the road district, then the amount of the allocation for the road district shall be a percentage of the maximum allocation equal to the percentage obtained by dividing the rate extended by the district by the lesser of (i) 0.08% or (ii) the rate that will yield an amount equal to $12,000 per mile of
road under the jurisdiction of the road district.
Prior to 2011, if any
road district has levied a special tax for road purposes
pursuant to Sections 6-601, 6-602, and 6-603 of the Illinois Highway Code, and
such tax was levied in an amount which would require extension at a
rate of not less than .08% of the value of the taxable property thereof,
as equalized or assessed by the Department of Revenue,
or, in DuPage County, an amount equal to or greater than $12,000 per mile of
road under the jurisdiction of the road district, whichever is less,
such levy shall, however, be deemed a proper compliance with this
Section and shall qualify such road district for an allotment under this
Section. Beginning in 2011 and thereafter, if any
road district has levied a special tax for road purposes
under Sections 6-601, 6-602, and 6-603 of the Illinois Highway Code, and
the tax was levied in an amount that would require extension at a
rate of not less than 0.08% of the value of the taxable property of that road district,
as equalized or assessed by the Department of Revenue or, in DuPage County, an amount equal to or greater than $12,000 per mile of road under the jurisdiction of the road district, whichever is less, that levy shall be deemed a proper compliance with this
Section and shall qualify such road district for a full, rather than proportionate, allotment under this
Section. If the levy for the special tax is less than 0.08% of the value of the taxable property, or, in DuPage County if the levy for the special tax is less than the lesser of (i) 0.08% or (ii) $12,000 per mile of road under the jurisdiction of the road district, and if the levy for the special tax is more than any other levy for road and bridge purposes, then the levy for the special tax qualifies the road district for a proportionate, rather than full, allotment under this Section. If the levy for the special tax is equal to or less than any other levy for road and bridge purposes, then any allotment under this Section shall be determined by the other levy for road and bridge purposes.
Prior to 2011, if a township has transferred to the road and bridge fund
money which, when added to the amount of any tax levy of the road
district would be the equivalent of a tax levy requiring extension at a
rate of at least .08%, or, in DuPage County, an amount equal to or greater
than $12,000 per mile of road under the jurisdiction of the road district,
whichever is less, such transfer, together with any such tax levy,
shall be deemed a proper compliance with this Section and shall qualify
the road district for an allotment under this Section.
In counties in which a property tax extension limitation is imposed
under the Property Tax Extension Limitation Law, road districts may retain
their entitlement to a motor fuel tax allotment or, beginning in 2011, their entitlement to a full allotment if, at the time the property
tax
extension limitation was imposed, the road district was levying a road and
bridge tax at a rate sufficient to entitle it to a motor fuel tax allotment
and continues to levy the maximum allowable amount after the imposition of the
property tax extension limitation. Any road district may in all circumstances
retain its entitlement to a motor fuel tax allotment or, beginning in 2011, its entitlement to a full allotment if it levied a road and
bridge tax in an amount that will require the extension of the tax against the
taxable property in the road district at a rate of not less than 0.08% of the
assessed value of the property, based upon the assessment for the year
immediately preceding the year in which the tax was levied and as equalized by
the Department of Revenue or, in DuPage County, an amount equal to or greater
than $12,000 per mile of road under the jurisdiction of the road district,
whichever is less.
As used in this Section, the term "road district" means any road
district, including a county unit road district, provided for by the
Illinois Highway Code; and the term "township or district road"
means any road in the township and district road system as defined in the
Illinois Highway Code. For the purposes of this Section, "township or
district road" also includes such roads as are maintained by park
districts, forest preserve districts and conservation districts. The
Department of Transportation shall determine the mileage of all township
and district roads for the purposes of making allotments and allocations of
motor fuel tax funds for use in road districts.
Payment of motor fuel tax moneys to municipalities and counties shall
be made as soon as possible after the allotment is made. The treasurer
of the municipality or county may invest these funds until their use is
required and the interest earned by these investments shall be limited
to the same uses as the principal funds.
(Source: P.A. 102-16, eff. 6-17-21; 102-558, eff. 8-20-21; 102-699, eff. 4-19-22; 103-8, eff. 6-7-23.)
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