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1 | AN ACT concerning State government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Department of Transportation Law of the
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5 | Civil Administrative Code of Illinois is amended by adding | ||||||
6 | Section 2705-615 as follows: | ||||||
7 | (20 ILCS 2705/2705-615 new) | ||||||
8 | Sec. 2705-615. Business enterprise program data. The | ||||||
9 | Department of Transportation shall publish on its website all | ||||||
10 | relevant data in its possession for establishing regional goals | ||||||
11 | for affected municipalities, counties, and road districts to | ||||||
12 | implement business enterprise programs as provided in Section 8 | ||||||
13 | of the Motor Fuel Tax Law, including all studies and data | ||||||
14 | collected and generated for the Department's calculation of | ||||||
15 | goals for its disadvantaged business enterprise program and any | ||||||
16 | disparity studies and lists of available contractors and | ||||||
17 | subcontractors that participate in the Department's | ||||||
18 | disadvantaged business enterprise program. This data shall be | ||||||
19 | published as a public resource to affected municipalities, | ||||||
20 | counties, and road districts but in no circumstance shall the | ||||||
21 | Department be responsible in any way for the implementation of | ||||||
22 | a local business enterprise program.
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1 | Section 10. The Motor Fuel Tax Law is amended by changing | ||||||
2 | Section 8 as follows:
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3 | (35 ILCS 505/8) (from Ch. 120, par. 424)
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4 | Sec. 8. Except as provided in Section 8a, subdivision
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5 | (h)(1) of Section 12a, Section 13a.6, and items
13, 14, 15, and | ||||||
6 | 16 of Section 15, all money received by the Department under
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7 | this Act, including payments made to the Department by
member | ||||||
8 | jurisdictions participating in the International Fuel Tax | ||||||
9 | Agreement,
shall be deposited in a special fund in the State | ||||||
10 | treasury, to be known as the
"Motor Fuel Tax Fund", and shall | ||||||
11 | be used as follows:
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12 | (a) 2 1/2 cents per gallon of the tax collected on special | ||||||
13 | fuel under
paragraph (b) of Section 2 and Section 13a of this | ||||||
14 | Act shall be transferred
to the State Construction Account Fund | ||||||
15 | in the State Treasury;
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16 | (b) $420,000 shall be transferred each month to the State | ||||||
17 | Boating Act
Fund to be used by the Department of Natural | ||||||
18 | Resources for the purposes
specified in Article X of the Boat | ||||||
19 | Registration and Safety Act;
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20 | (c) $3,500,000 shall be transferred each month to the Grade | ||||||
21 | Crossing
Protection Fund to be used as follows: not less than | ||||||
22 | $12,000,000 each fiscal
year shall be used for the construction | ||||||
23 | or reconstruction of rail highway grade
separation structures; | ||||||
24 | $2,250,000 in fiscal years 2004 through 2009 and $3,000,000 in | ||||||
25 | fiscal year 2010 and each fiscal
year
thereafter shall be |
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1 | transferred to the Transportation
Regulatory Fund and shall be | ||||||
2 | accounted for as part of the rail carrier
portion of such funds | ||||||
3 | and shall be used to pay the cost of administration
of the | ||||||
4 | Illinois Commerce Commission's railroad safety program in | ||||||
5 | connection
with its duties under subsection (3) of Section | ||||||
6 | 18c-7401 of the Illinois
Vehicle Code, with the remainder to be | ||||||
7 | used by the Department of Transportation
upon order of the | ||||||
8 | Illinois Commerce Commission, to pay that part of the
cost | ||||||
9 | apportioned by such Commission to the State to cover the | ||||||
10 | interest
of the public in the use of highways, roads, streets, | ||||||
11 | or
pedestrian walkways in the
county highway system, township | ||||||
12 | and district road system, or municipal
street system as defined | ||||||
13 | in the Illinois Highway Code, as the same may
from time to time | ||||||
14 | be amended, for separation of grades, for installation,
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15 | construction or reconstruction of crossing protection or | ||||||
16 | reconstruction,
alteration, relocation including construction | ||||||
17 | or improvement of any
existing highway necessary for access to | ||||||
18 | property or improvement of any
grade crossing and grade | ||||||
19 | crossing surface including the necessary highway approaches | ||||||
20 | thereto of any
railroad across the highway or public road, or | ||||||
21 | for the installation,
construction, reconstruction, or | ||||||
22 | maintenance of a pedestrian walkway over or
under a railroad | ||||||
23 | right-of-way, as provided for in and in
accordance with Section | ||||||
24 | 18c-7401 of the Illinois Vehicle Code.
The Commission may order | ||||||
25 | up to $2,000,000 per year in Grade Crossing Protection Fund | ||||||
26 | moneys for the improvement of grade crossing surfaces and up to |
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1 | $300,000 per year for the maintenance and renewal of 4-quadrant | ||||||
2 | gate vehicle detection systems located at non-high speed rail | ||||||
3 | grade crossings. The Commission shall not order more than | ||||||
4 | $2,000,000 per year in Grade
Crossing Protection Fund moneys | ||||||
5 | for pedestrian walkways.
In entering orders for projects for | ||||||
6 | which payments from the Grade Crossing
Protection Fund will be | ||||||
7 | made, the Commission shall account for expenditures
authorized | ||||||
8 | by the orders on a cash rather than an accrual basis. For | ||||||
9 | purposes
of this requirement an "accrual basis" assumes that | ||||||
10 | the total cost of the
project is expended in the fiscal year in | ||||||
11 | which the order is entered, while a
"cash basis" allocates the | ||||||
12 | cost of the project among fiscal years as
expenditures are | ||||||
13 | actually made. To meet the requirements of this subsection,
the | ||||||
14 | Illinois Commerce Commission shall develop annual and 5-year | ||||||
15 | project plans
of rail crossing capital improvements that will | ||||||
16 | be paid for with moneys from
the Grade Crossing Protection | ||||||
17 | Fund. The annual project plan shall identify
projects for the | ||||||
18 | succeeding fiscal year and the 5-year project plan shall
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19 | identify projects for the 5 directly succeeding fiscal years. | ||||||
20 | The Commission
shall submit the annual and 5-year project plans | ||||||
21 | for this Fund to the Governor,
the President of the Senate, the | ||||||
22 | Senate Minority Leader, the Speaker of the
House of | ||||||
23 | Representatives, and the Minority Leader of the House of
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24 | Representatives on
the first Wednesday in April of each year;
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25 | (d) of the amount remaining after allocations provided for | ||||||
26 | in
subsections (a), (b) and (c), a sufficient amount shall be |
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1 | reserved to
pay all of the following:
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2 | (1) the costs of the Department of Revenue in | ||||||
3 | administering this
Act;
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4 | (2) the costs of the Department of Transportation in | ||||||
5 | performing its
duties imposed by the Illinois Highway Code | ||||||
6 | for supervising the use of motor
fuel tax funds apportioned | ||||||
7 | to municipalities, counties and road districts;
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8 | (3) refunds provided for in Section 13, refunds for | ||||||
9 | overpayment of decal fees paid under Section 13a.4 of this | ||||||
10 | Act, and refunds provided for under the terms
of the | ||||||
11 | International Fuel Tax Agreement referenced in Section | ||||||
12 | 14a;
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13 | (4) from October 1, 1985 until June 30, 1994, the | ||||||
14 | administration of the
Vehicle Emissions Inspection Law, | ||||||
15 | which amount shall be certified monthly by
the | ||||||
16 | Environmental Protection Agency to the State Comptroller | ||||||
17 | and shall promptly
be transferred by the State Comptroller | ||||||
18 | and Treasurer from the Motor Fuel Tax
Fund to the Vehicle | ||||||
19 | Inspection Fund, and for the period July 1, 1994 through
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20 | June 30, 2000, one-twelfth of $25,000,000 each month, for | ||||||
21 | the period July 1, 2000 through June 30, 2003,
one-twelfth | ||||||
22 | of
$30,000,000
each month,
and $15,000,000 on July 1, 2003, | ||||||
23 | and $15,000,000 on January 1, 2004, and $15,000,000
on
each
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24 | July
1 and October 1, or as soon thereafter as may be | ||||||
25 | practical, during the period July 1, 2004 through June 30, | ||||||
26 | 2012,
and $30,000,000 on June 1, 2013, or as soon |
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1 | thereafter as may be practical, and $15,000,000 on July 1 | ||||||
2 | and October 1, or as soon thereafter as may be practical, | ||||||
3 | during the period of July 1, 2013 through June 30, 2015, | ||||||
4 | for the administration of the Vehicle Emissions Inspection | ||||||
5 | Law of
2005, to be transferred by the State Comptroller and | ||||||
6 | Treasurer from the Motor
Fuel Tax Fund into the Vehicle | ||||||
7 | Inspection Fund;
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8 | (5) amounts ordered paid by the Court of Claims; and
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9 | (6) payment of motor fuel use taxes due to member | ||||||
10 | jurisdictions under
the terms of the International Fuel Tax | ||||||
11 | Agreement. The Department shall
certify these amounts to | ||||||
12 | the Comptroller by the 15th day of each month; the
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13 | Comptroller shall cause orders to be drawn for such | ||||||
14 | amounts, and the Treasurer
shall administer those amounts | ||||||
15 | on or before the last day of each month;
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16 | (e) after allocations for the purposes set forth in | ||||||
17 | subsections
(a), (b), (c) and (d), the remaining amount shall | ||||||
18 | be apportioned as follows:
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19 | (1) Until January 1, 2000, 58.4%, and beginning January | ||||||
20 | 1, 2000, 45.6%
shall be deposited as follows:
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21 | (A) 37% into the State Construction Account Fund, | ||||||
22 | and
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23 | (B) 63% into the Road Fund, $1,250,000 of which | ||||||
24 | shall be reserved each
month for the Department of | ||||||
25 | Transportation to be used in accordance with
the | ||||||
26 | provisions of Sections 6-901 through 6-906 of the |
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1 | Illinois Highway Code;
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2 | (2) Until January 1, 2000, 41.6%, and beginning January | ||||||
3 | 1, 2000, 54.4%
shall be transferred to the Department of | ||||||
4 | Transportation to be
distributed as follows:
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5 | (A) 49.10% to the municipalities of the State,
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6 | (B) 16.74% to the counties of the State having | ||||||
7 | 1,000,000 or more inhabitants,
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8 | (C) 18.27% to the counties of the State having less | ||||||
9 | than 1,000,000 inhabitants,
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10 | (D) 15.89% to the road districts of the State.
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11 | As soon as may be after the first day of each month the | ||||||
12 | Department of
Transportation shall allot to each municipality | ||||||
13 | its share of the amount
apportioned to the several | ||||||
14 | municipalities which shall be in proportion
to the population | ||||||
15 | of such municipalities as determined by the last
preceding | ||||||
16 | municipal census if conducted by the Federal Government or
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17 | Federal census. If territory is annexed to any municipality | ||||||
18 | subsequent
to the time of the last preceding census the | ||||||
19 | corporate authorities of
such municipality may cause a census | ||||||
20 | to be taken of such annexed
territory and the population so | ||||||
21 | ascertained for such territory shall be
added to the population | ||||||
22 | of the municipality as determined by the last
preceding census | ||||||
23 | for the purpose of determining the allotment for that
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24 | municipality. If the population of any municipality was not | ||||||
25 | determined
by the last Federal census preceding any | ||||||
26 | apportionment, the
apportionment to such municipality shall be |
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1 | in accordance with any
census taken by such municipality. Any | ||||||
2 | municipal census used in
accordance with this Section shall be | ||||||
3 | certified to the Department of
Transportation by the clerk of | ||||||
4 | such municipality, and the accuracy
thereof shall be subject to | ||||||
5 | approval of the Department which may make
such corrections as | ||||||
6 | it ascertains to be necessary.
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7 | As soon as may be after the first day of each month the | ||||||
8 | Department of
Transportation shall allot to each county its | ||||||
9 | share of the amount
apportioned to the several counties of the | ||||||
10 | State as herein provided.
Each allotment to the several | ||||||
11 | counties having less than 1,000,000
inhabitants shall be in | ||||||
12 | proportion to the amount of motor vehicle
license fees received | ||||||
13 | from the residents of such counties, respectively,
during the | ||||||
14 | preceding calendar year. The Secretary of State shall, on or
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15 | before April 15 of each year, transmit to the Department of
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16 | Transportation a full and complete report showing the amount of | ||||||
17 | motor
vehicle license fees received from the residents of each | ||||||
18 | county,
respectively, during the preceding calendar year. The | ||||||
19 | Department of
Transportation shall, each month, use for | ||||||
20 | allotment purposes the last
such report received from the | ||||||
21 | Secretary of State.
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22 | As soon as may be after the first day of each month, the | ||||||
23 | Department
of Transportation shall allot to the several | ||||||
24 | counties their share of the
amount apportioned for the use of | ||||||
25 | road districts. The allotment shall
be apportioned among the | ||||||
26 | several counties in the State in the proportion
which the total |
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1 | mileage of township or district roads in the respective
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2 | counties bears to the total mileage of all township and | ||||||
3 | district roads
in the State. Funds allotted to the respective | ||||||
4 | counties for the use of
road districts therein shall be | ||||||
5 | allocated to the several road districts
in the county in the | ||||||
6 | proportion which the total mileage of such township
or district | ||||||
7 | roads in the respective road districts bears to the total
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8 | mileage of all such township or district roads in the county. | ||||||
9 | After
July 1 of any year prior to 2011, no allocation shall be | ||||||
10 | made for any road district
unless it levied a tax for road and | ||||||
11 | bridge purposes in an amount which
will require the extension | ||||||
12 | of such tax against the taxable property in
any such road | ||||||
13 | district at a rate of not less than either .08% of the value
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14 | thereof, based upon the assessment for the year immediately | ||||||
15 | prior to the year
in which such tax was levied and as equalized | ||||||
16 | by the Department of Revenue
or, in DuPage County, an amount | ||||||
17 | equal to or greater than $12,000 per mile of
road under the | ||||||
18 | jurisdiction of the road district, whichever is less. Beginning | ||||||
19 | July 1, 2011 and each July 1 thereafter, an allocation shall be | ||||||
20 | made for any road district
if it levied a tax for road and | ||||||
21 | bridge purposes. In counties other than DuPage County, if the | ||||||
22 | amount of the tax levy requires the extension of the tax | ||||||
23 | against the taxable property in
the road district at a rate | ||||||
24 | that is less than 0.08% of the value
thereof, based upon the | ||||||
25 | assessment for the year immediately prior to the year
in which | ||||||
26 | the tax was levied and as equalized by the Department of |
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1 | Revenue, then the amount of the allocation for that road | ||||||
2 | district shall be a percentage of the maximum allocation equal | ||||||
3 | to the percentage obtained by dividing the rate extended by the | ||||||
4 | district by 0.08%. In DuPage County, if the amount of the tax | ||||||
5 | levy requires the extension of the tax against the taxable | ||||||
6 | property in
the road district at a rate that is less than the | ||||||
7 | lesser of (i) 0.08% of the value
of the taxable property in the | ||||||
8 | road district, based upon the assessment for the year | ||||||
9 | immediately prior to the year
in which such tax was levied and | ||||||
10 | as equalized by the Department of Revenue,
or (ii) a rate that | ||||||
11 | will yield an amount equal to $12,000 per mile of
road under | ||||||
12 | the jurisdiction of the road district, then the amount of the | ||||||
13 | allocation for the road district shall be a percentage of the | ||||||
14 | maximum allocation equal to the percentage obtained by dividing | ||||||
15 | the rate extended by the district by the lesser of (i) 0.08% or | ||||||
16 | (ii) the rate that will yield an amount equal to $12,000 per | ||||||
17 | mile of
road under the jurisdiction of the road district. | ||||||
18 | Notwithstanding any other provision of law, beginning on | ||||||
19 | July 1, 2018, no municipality, county, or road district that | ||||||
20 | received distributions under this subsection (e) totaling more | ||||||
21 | than $1,000,000 in the previous State fiscal year shall receive | ||||||
22 | any funds under this subsection (e) unless that municipality, | ||||||
23 | county, or road district implements a business enterprise | ||||||
24 | program setting goals for the inclusion of
minority, veteran, | ||||||
25 | and female-owned businesses in the procurement of contracts. | ||||||
26 | Those programs shall (i) cover both professional services and |
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1 | construction procurement and (ii) be substantially similar to | ||||||
2 | the State's business enterprise program for the region in which | ||||||
3 | the municipality, county, or road district is located. The | ||||||
4 | Department of Transportation shall prepare a list of all | ||||||
5 | affected municipalities, counties, and road districts and | ||||||
6 | shall publish the list on its website. | ||||||
7 | Prior to 2011, if any
road district has levied a special | ||||||
8 | tax for road purposes
pursuant to Sections 6-601, 6-602 and | ||||||
9 | 6-603 of the Illinois Highway Code, and
such tax was levied in | ||||||
10 | an amount which would require extension at a
rate of not less | ||||||
11 | than .08% of the value of the taxable property thereof,
as | ||||||
12 | equalized or assessed by the Department of Revenue,
or, in | ||||||
13 | DuPage County, an amount equal to or greater than $12,000 per | ||||||
14 | mile of
road under the jurisdiction of the road district, | ||||||
15 | whichever is less,
such levy shall, however, be deemed a proper | ||||||
16 | compliance with this
Section and shall qualify such road | ||||||
17 | district for an allotment under this
Section. Beginning in 2011 | ||||||
18 | and thereafter, if any
road district has levied a special tax | ||||||
19 | for road purposes
under Sections 6-601, 6-602, and 6-603 of the | ||||||
20 | Illinois Highway Code, and
the tax was levied in an amount that | ||||||
21 | would require extension at a
rate of not less than 0.08% of the | ||||||
22 | value of the taxable property of that road district,
as | ||||||
23 | equalized or assessed by the Department of Revenue or, in | ||||||
24 | DuPage County, an amount equal to or greater than $12,000 per | ||||||
25 | mile of road under the jurisdiction of the road district, | ||||||
26 | whichever is less, that levy shall be deemed a proper |
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1 | compliance with this
Section and shall qualify such road | ||||||
2 | district for a full, rather than proportionate, allotment under | ||||||
3 | this
Section. If the levy for the special tax is less than | ||||||
4 | 0.08% of the value of the taxable property, or, in DuPage | ||||||
5 | County if the levy for the special tax is less than the lesser | ||||||
6 | of (i) 0.08% or (ii) $12,000 per mile of road under the | ||||||
7 | jurisdiction of the road district, and if the levy for the | ||||||
8 | special tax is more than any other levy for road and bridge | ||||||
9 | purposes, then the levy for the special tax qualifies the road | ||||||
10 | district for a proportionate, rather than full, allotment under | ||||||
11 | this Section. If the levy for the special tax is equal to or | ||||||
12 | less than any other levy for road and bridge purposes, then any | ||||||
13 | allotment under this Section shall be determined by the other | ||||||
14 | levy for road and bridge purposes. | ||||||
15 | Prior to 2011, if a township has transferred to the road | ||||||
16 | and bridge fund
money which, when added to the amount of any | ||||||
17 | tax levy of the road
district would be the equivalent of a tax | ||||||
18 | levy requiring extension at a
rate of at least .08%, or, in | ||||||
19 | DuPage County, an amount equal to or greater
than $12,000 per | ||||||
20 | mile of road under the jurisdiction of the road district,
| ||||||
21 | whichever is less, such transfer, together with any such tax | ||||||
22 | levy,
shall be deemed a proper compliance with this Section and | ||||||
23 | shall qualify
the road district for an allotment under this | ||||||
24 | Section.
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25 | In counties in which a property tax extension limitation is | ||||||
26 | imposed
under the Property Tax Extension Limitation Law, road |
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1 | districts may retain
their entitlement to a motor fuel tax | ||||||
2 | allotment or, beginning in 2011, their entitlement to a full | ||||||
3 | allotment if, at the time the property
tax
extension limitation | ||||||
4 | was imposed, the road district was levying a road and
bridge | ||||||
5 | tax at a rate sufficient to entitle it to a motor fuel tax | ||||||
6 | allotment
and continues to levy the maximum allowable amount | ||||||
7 | after the imposition of the
property tax extension limitation. | ||||||
8 | Any road district may in all circumstances
retain its | ||||||
9 | entitlement to a motor fuel tax allotment or, beginning in | ||||||
10 | 2011, its entitlement to a full allotment if it levied a road | ||||||
11 | and
bridge tax in an amount that will require the extension of | ||||||
12 | the tax against the
taxable property in the road district at a | ||||||
13 | rate of not less than 0.08% of the
assessed value of the | ||||||
14 | property, based upon the assessment for the year
immediately | ||||||
15 | preceding the year in which the tax was levied and as equalized | ||||||
16 | by
the Department of Revenue or, in DuPage County, an amount | ||||||
17 | equal to or greater
than $12,000 per mile of road under the | ||||||
18 | jurisdiction of the road district,
whichever is less.
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19 | As used in this Section the term "road district" means any | ||||||
20 | road
district, including a county unit road district, provided | ||||||
21 | for by the
Illinois Highway Code; and the term "township or | ||||||
22 | district road"
means any road in the township and district road | ||||||
23 | system as defined in the
Illinois Highway Code. For the | ||||||
24 | purposes of this Section, "township or
district road" also | ||||||
25 | includes such roads as are maintained by park
districts, forest | ||||||
26 | preserve districts and conservation districts. The
Department |
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1 | of Transportation shall determine the mileage of all township
| ||||||
2 | and district roads for the purposes of making allotments and | ||||||
3 | allocations of
motor fuel tax funds for use in road districts.
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4 | Payment of motor fuel tax moneys to municipalities and | ||||||
5 | counties shall
be made as soon as possible after the allotment | ||||||
6 | is made. The treasurer
of the municipality or county may invest | ||||||
7 | these funds until their use is
required and the interest earned | ||||||
8 | by these investments shall be limited
to the same uses as the | ||||||
9 | principal funds.
| ||||||
10 | (Source: P.A. 97-72, eff. 7-1-11; 97-333, eff. 8-12-11; 98-24, | ||||||
11 | eff. 6-19-13; 98-674, eff. 6-30-14.)
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12 | Section 99. Effective date. This Act takes effect upon | ||||||
13 | becoming law.
|