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91_SB1082sam002
SRS91SB1082NCcbam01
1 AMENDMENT TO SENATE BILL 1082
2 AMENDMENT NO. . Amend Senate Bill 1082 on page 5, by
3 replacing lines 25 through 34 with the following:
4 "into a storage tank that is located at a facility that has
5 withdrawal facilities that are readily accessible to and are
6 capable of dispensing 1-K kerosene into the fuel supply tanks
7 of motor vehicles.
8 Any sales, except as provided in paragraph (e), items in
9 (1) or (2) of this Section, of 1-K kerosene that are
10 delivered into a storage tank that is located at a facility
11 that has withdrawal facilities which are readily accessible
12 to, and are capable of dispensing 1-K kerosene into the fuel
13 supply tanks of motor vehicles must be supported by
14 documentation affirming that the 1-K kerosene will not be
15 sold for use in highway vehicles. Any person, who after
16 submitting"; and
17 on page 6, by replacing lines 1 through 3 with the following:
18 "documentation, 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
21 1-K kerosene."; and
22 on page 6, by replacing lines 20 and 21 with "of this Law.";
23 and
-2- SRS91SB1082NCcbam01
1 on page 22, by replacing lines 20 and 21 with "other than a
2 licensed distribution or a, licensed supplier, or a licensed
3 bulk user, for a use other than in motor"; and
4 on page 23, line 27, by replacing "distributor" with
5 "supplier"; and
6 on page 41, by replacing lines 10 through 14 with the
7 following:
8 "No claim based upon the use of undyed diesel fuel shall
9 be allowed except for undyed diesel fuel used by a commercial
10 vehicle, as that term is defined in Section 1-111.8 of the
11 Illinois Vehicle Code, for any purpose other than operating
12 the commercial vehicle upon the public highways and
13 unlicensed commercial vehicles operating on private property.
14 Claims shall be limited to commercial"; and
15 on page 42, by replacing lines 5 through 8 with the
16 following:
17 "the operator is guilty of a petty offense and must pay a
18 minimum of $75. For each subsequent occurrence, the operator
19 must pay a minimum of $150."; and
20 on page 42, by replacing lines 19 and 20 with the following:
21 "person required to obtain a license or permit under Section
22 13a.4 or 13a.5 of this Law operator must pay a minimum of
23 $1,000 as a penalty. For each subsequent occurrence, the
24 person must pay a minimum of"; and
25 on page 49, immediately below line 11, by inserting the
26 following:
27 "Section 12. The Environmental Impact Fee Law is
28 amended by changing Section 315 as follows:
29 (415 ILCS 125/315)
30 (Section scheduled to be repealed on January 1, 2003)
-3- SRS91SB1082NCcbam01
1 Sec. 315. Fee on receivers of fuel for sale or use;
2 collection and reporting. A person that is required to pay
3 the fee imposed by this Law shall pay the fee to the
4 Department by return showing all fuel purchased, acquired, or
5 received and sold, distributed or used during the preceding
6 calendar month, including losses of fuel as the result of
7 evaporation or shrinkage due to temperature variations.
8 Losses of fuel as the result of evaporation or shrinkage due
9 to temperature variations may not exceed one percent of the
10 total gallons in storage at the beginning of the month, plus
11 the receipts of gallonage during the month, minus the
12 gallonage remaining in storage at the end of the month. Any
13 loss reported that is in excess of this amount shall be
14 subject to the fee imposed by Section 310 of this Law.
15 The return shall be prescribed by the Department and
16 shall be filed between the 1st and 20th days of each calendar
17 month. The Department may, in its discretion, combine the
18 return filed under this Law with the return filed under
19 Section 2b of the Motor Fuel Tax Law. If the return is
20 timely filed, the receiver may take a discount of 2% to
21 reimburse himself for the expenses incurred in keeping
22 records, preparing and filing returns, collecting and
23 remitting the fee, and supplying data to the Department on
24 request. However, the 2% discount applies only to the amount
25 of the fee payment that accompanies a return that is timely
26 filed in accordance with this Section.
27 (Source: P.A. 89-428, eff. 1-1-96; 89-457, eff. 5-22-96.)".