Illinois 2023-2024 Regular Session

Illinois Senate Bill SB2784 Compare Versions

Only one version of the bill is available at this time.

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1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2784 Introduced 1/17/2024, by Sen. Rachel Ventura SYNOPSIS AS INTRODUCED: New Act30 ILCS 105/5.1015 new Creates the Cargo Transportation Fee Act. Provides that a fee is imposed upon each entity that is an interstate carrier or an intrastate carrier and that (i) transports by common carrier tangible personal property into the State, (ii) transports that tangible personal property for the purpose of selling that tangible personal property at retail, and (iii) receives tangible personal property directly from an intermodal facility that is located in the State and is located on more than 3,500 acres. Sets forth the amount of the fee. Provides that 95% of the proceeds from the fee shall be deposited into the Cargo Transportation Fee Fund and 5% of the proceeds shall be deposited into the State Police Services Fund. Amends the State Finance Act to create the Cargo Transportation Fee Fund and sets forth the uses for that Fund. LRB103 35951 HLH 67182 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2784 Introduced 1/17/2024, by Sen. Rachel Ventura SYNOPSIS AS INTRODUCED: New Act30 ILCS 105/5.1015 new New Act 30 ILCS 105/5.1015 new Creates the Cargo Transportation Fee Act. Provides that a fee is imposed upon each entity that is an interstate carrier or an intrastate carrier and that (i) transports by common carrier tangible personal property into the State, (ii) transports that tangible personal property for the purpose of selling that tangible personal property at retail, and (iii) receives tangible personal property directly from an intermodal facility that is located in the State and is located on more than 3,500 acres. Sets forth the amount of the fee. Provides that 95% of the proceeds from the fee shall be deposited into the Cargo Transportation Fee Fund and 5% of the proceeds shall be deposited into the State Police Services Fund. Amends the State Finance Act to create the Cargo Transportation Fee Fund and sets forth the uses for that Fund. LRB103 35951 HLH 67182 b LRB103 35951 HLH 67182 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2784 Introduced 1/17/2024, by Sen. Rachel Ventura SYNOPSIS AS INTRODUCED:
3	3	New Act30 ILCS 105/5.1015 new New Act 30 ILCS 105/5.1015 new
4	4	New Act
5	5	30 ILCS 105/5.1015 new
6	6	Creates the Cargo Transportation Fee Act. Provides that a fee is imposed upon each entity that is an interstate carrier or an intrastate carrier and that (i) transports by common carrier tangible personal property into the State, (ii) transports that tangible personal property for the purpose of selling that tangible personal property at retail, and (iii) receives tangible personal property directly from an intermodal facility that is located in the State and is located on more than 3,500 acres. Sets forth the amount of the fee. Provides that 95% of the proceeds from the fee shall be deposited into the Cargo Transportation Fee Fund and 5% of the proceeds shall be deposited into the State Police Services Fund. Amends the State Finance Act to create the Cargo Transportation Fee Fund and sets forth the uses for that Fund.
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9	9	A BILL FOR
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12	12	1 AN ACT concerning revenue.
13	13	2 Be it enacted by the People of the State of Illinois,
14	14	3 represented in the General Assembly:
15	15	4 Section 1. Short title. This Act may be cited as the Cargo
16	16	5 Transportation Fee Act.
17	17	6 Section 5. Definitions. As used in this Act:
18	18	7 "Department" means the Department of Revenue.
19	19	8 "Commercial motor vehicle" has the meaning given to that
20	20	9 term in Section 18b-101 of the Illinois Vehicle Code.
21	21	10 "Intermodal facility" means a facility that provides for
22	22	11 the transfer of freight from one mode of transportation to
23	23	12 another.
24	24	13 "Interstate carrier" has the meaning given to that term in
25	25	14 Section 18c-1104 of the Illinois Vehicle Code.
26	26	15 "Intrastate carrier" has the meaning given to that term in
27	27	16 Section 18c-1104 of the Illinois Vehicle Code.
28	28	17 "Secretary" means the Secretary of State.
29	29	18 Section 10. Fee imposed. On and after January 1, 2025, a
30	30	19 fee is imposed upon each entity that is an interstate carrier
31	31	20 or an intrastate carrier and that (i) transports by common
32	32	21 carrier tangible personal property into the State, (ii)
33	33	22 transports that tangible personal property for the purpose of
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2784 Introduced 1/17/2024, by Sen. Rachel Ventura SYNOPSIS AS INTRODUCED:
38	38	New Act30 ILCS 105/5.1015 new New Act 30 ILCS 105/5.1015 new
39	39	New Act
40	40	30 ILCS 105/5.1015 new
41	41	Creates the Cargo Transportation Fee Act. Provides that a fee is imposed upon each entity that is an interstate carrier or an intrastate carrier and that (i) transports by common carrier tangible personal property into the State, (ii) transports that tangible personal property for the purpose of selling that tangible personal property at retail, and (iii) receives tangible personal property directly from an intermodal facility that is located in the State and is located on more than 3,500 acres. Sets forth the amount of the fee. Provides that 95% of the proceeds from the fee shall be deposited into the Cargo Transportation Fee Fund and 5% of the proceeds shall be deposited into the State Police Services Fund. Amends the State Finance Act to create the Cargo Transportation Fee Fund and sets forth the uses for that Fund.
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44	44	A BILL FOR
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50	50	New Act
51	51	30 ILCS 105/5.1015 new
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70	70	1 selling that tangible personal property at retail, and (iii)
71	71	2 receives tangible personal property directly from an
72	72	3 intermodal facility that is located in the State and is
73	73	4 located on more than 3,500 acres. The fee shall be imposed each
74	74	5 time a commercial motor vehicle owned by a qualified
75	75	6 interstate carrier or a qualified intrastate carrier receives
76	76	7 tangible personal property directly from an intermodal
77	77	8 facility that is located in the State and is located on more
78	78	9 than 3,500 acres. The fee is imposed in the following amounts:
79	79	10 (1) $0.50 for each such commercial motor vehicle with
80	80	11 a gross weight vehicle and load of 12,000 pounds or less;
81	81	12 (2) $1 for each such commercial motor vehicle with a
82	82	13 gross weight vehicle and load of 12,001 to 16,000 pounds;
83	83	14 (3) $1.50 for each such commercial motor vehicle with
84	84	15 a gross weight vehicle and load of 16,001 to 20,000
85	85	16 pounds;
86	86	17 (4) $2 for each such commercial motor vehicle with a
87	87	18 gross weight vehicle and load of 20,001 to 24,000 pounds;
88	88	19 (5) $2.50 for each such commercial motor vehicle with
89	89	20 a gross weight vehicle and load of 24,001 to 28,000
90	90	21 pounds;
91	91	22 (6) $3 for each such commercial motor vehicle with a
92	92	23 gross weight vehicle and load of 28,001 to 32,000 pounds;
93	93	24 (7) $3.50 for each such commercial motor vehicle with
94	94	25 a gross weight vehicle and load of 32,001 to 36,000
95	95	26 pounds;
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106	106	1 (8) $4 for each such commercial motor vehicle with a
107	107	2 gross weight vehicle and load of 36,001 to 40,000 pounds;
108	108	3 (9) $4.50 for each such commercial motor vehicle with
109	109	4 a gross weight vehicle and load of 40,001 to 45,000
110	110	5 pounds;
111	111	6 (10) $5 for each such commercial motor vehicle with a
112	112	7 gross weight vehicle and load of 45,001 to 54,999 pounds;
113	113	8 (11) $5.50 for each such commercial motor vehicle with
114	114	9 a gross weight vehicle and load of 55,000 to 59,500
115	115	10 pounds;
116	116	11 (12) $6 for each such commercial motor vehicle with a
117	117	12 gross weight vehicle and load of 59,501 to 64,000 pounds;
118	118	13 (13) $6.50 for each such commercial motor vehicle with
119	119	14 a gross weight vehicle and load of 64,001 to 73,280
120	120	15 pounds;
121	121	16 (14) $7 for each such commercial motor vehicle with a
122	122	17 gross weight vehicle and load of 73,281 to 77,000 pounds;
123	123	18 (15) $7.50 for each such commercial motor vehicle with
124	124	19 a gross weight vehicle and load of 77,001 to 80,000
125	125	20 pounds; and
126	126	21 (16) $8 for each such commercial motor vehicle with a
127	127	22 gross weight vehicle and load of 80,001 pounds or more.
128	128	23 Section 15. Returns.
129	129	24 (a) Except as otherwise provided in this Section, on or
130	130	25 before the 15th day of each month, each interstate or
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141	141	1 intrastate carrier that is liable for the payment of the fee
142	142	2 under this Act shall make a return to the Department for the
143	143	3 preceding calendar month stating:
144	144	4 (1) the name of the interstate or intrastate carrier;
145	145	5 (2) the address of the carrier's principal place of
146	146	6 business;
147	147	7 (3) the amount of the fee imposed under this Act; and
148	148	8 (4) such other reasonable information as the
149	149	9 Department may require.
150	150	10 (b) Any person required to make payments under this Act
151	151	11 may make the payments by electronic funds transfer. The
152	152	12 Department shall adopt rules necessary to effectuate a program
153	153	13 of electronic funds transfer.
154	154	14 (c) If the person's average monthly liability to the
155	155	15 Department under this Act does not exceed $100, the Department
156	156	16 may authorize the person's returns to be filed on a quarter
157	157	17 annual basis, with the return for January, February, and March
158	158	18 of a given year being due by April 30 of that year; with the
159	159	19 return for April, May, and June of a given year being due by
160	160	20 July 31 of that year; with the return for July, August, and
161	161	21 September of a given year being due by October 31 of that year,
162	162	22 and with the return for October, November, and December of a
163	163	23 given year being due by January 31 of the following year.
164	164	24 (d) If the person's average monthly liability to the
165	165	25 Department under this Act does not exceed $20, the Department
166	166	26 may authorize the person's returns to be filed on an annual
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177	177	1 basis, with the return for a given year being due by January 31
178	178	2 of the following year.
179	179	3 (e) The interstate or intrastate carrier making the return
180	180	4 provided for in this Section shall, at the time of making that
181	181	5 return, pay to the Department the amount of the fee imposed by
182	182	6 this Act.
183	183	7 Section 20. Incorporation of Retailers' Occupation Tax
184	184	8 Act. All of the provisions of Sections 4, 5, 5a, 5b, 5c, 5d,
185	185	9 5e, 5f, 5g, 5i, 5j, 6b, and 6c of the Retailers' Occupation Tax
186	186	10 Act that are not inconsistent with this Act, and Section 3-7 of
187	187	11 the Uniform Penalty and Interest Act shall apply, as far as
188	188	12 practicable, to the subject matter of this Act to the same
189	189	13 extent as if such provisions were included in this Act.
190	190	14 References in those incorporated Sections of the Retailers'
191	191	15 Occupation Tax Act to retailers, to sellers, or to persons
192	192	16 engaged in the business of selling tangible personal property
193	193	17 mean interstate carriers or intrastate carriers for the
194	194	18 purpose of this Act.
195	195	19 Section 25. Distribution of proceeds. Ninety-five percent
196	196	20 of the proceeds from the fee imposed by this Act shall be
197	197	21 deposited into the Cargo Transportation Fee Fund, a special
198	198	22 fund created in the State treasury. Moneys in the Fund shall be
199	199	23 used by the Secretary for road projects in areas of the State
200	200	24 with heightened levels of traffic as a result of the
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211	211	1 transportation of tangible personal property in counties that
212	212	2 contain, in whole or in part, an intermodal facility located
213	213	3 on more than 3,500 acres. Five percent of the proceeds from the
214	214	4 fee imposed by this Act shall be deposited into the State
215	215	5 Police Services Fund to be used by the Illinois State Police to
216	216	6 enforce weight systems located within 20 miles of an
217	217	7 intermodal facility located on more than 3,500 acres.
218	218	8 Section 30. Rules. The Department shall adopt rules to
219	219	9 implement and administer this Act.
220	220	10 Section 900. The State Finance Act is amended by adding
221	221	11 Section 5.1015 as follows:
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