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Illinois Senate Bill SB1608

Illinois 2025-2026 Regular Session

Illinois Senate Bill SB1608 Compare Versions

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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1608 Introduced 2/4/2025, by Sen. Rachel Ventura SYNOPSIS AS INTRODUCED: New Act30 ILCS 105/5.1030 new Creates the Cargo Transportation Fee Act. Provides that the corporate authorities of a municipality or a county may impose a fee upon interstate carriers and intrastate carriers that (i) transport by common carrier tangible personal property in the State, (ii) transport that tangible personal property for the purpose of selling that tangible personal property at retail, and (iii) receive tangible personal property directly from an intermodal facility that is located in the municipality or county that enacts the ordinance. 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 Motor Carrier Safety Inspection Fund. Amends the State Finance Act to create the Cargo Transportation Fee Fund and sets forth the uses for that Fund. LRB104 09851 HLH 19919 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1608 Introduced 2/4/2025, by Sen. Rachel Ventura SYNOPSIS AS INTRODUCED: New Act30 ILCS 105/5.1030 new New Act 30 ILCS 105/5.1030 new Creates the Cargo Transportation Fee Act. Provides that the corporate authorities of a municipality or a county may impose a fee upon interstate carriers and intrastate carriers that (i) transport by common carrier tangible personal property in the State, (ii) transport that tangible personal property for the purpose of selling that tangible personal property at retail, and (iii) receive tangible personal property directly from an intermodal facility that is located in the municipality or county that enacts the ordinance. 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 Motor Carrier Safety Inspection Fund. Amends the State Finance Act to create the Cargo Transportation Fee Fund and sets forth the uses for that Fund. LRB104 09851 HLH 19919 b LRB104 09851 HLH 19919 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1608 Introduced 2/4/2025, by Sen. Rachel Ventura SYNOPSIS AS INTRODUCED:
33 New Act30 ILCS 105/5.1030 new New Act 30 ILCS 105/5.1030 new
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66 Creates the Cargo Transportation Fee Act. Provides that the corporate authorities of a municipality or a county may impose a fee upon interstate carriers and intrastate carriers that (i) transport by common carrier tangible personal property in the State, (ii) transport that tangible personal property for the purpose of selling that tangible personal property at retail, and (iii) receive tangible personal property directly from an intermodal facility that is located in the municipality or county that enacts the ordinance. 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 Motor Carrier Safety Inspection 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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1212 1 AN ACT concerning revenue.
1313 2 Be it enacted by the People of the State of Illinois,
1414 3 represented in the General Assembly:
1515 4 Section 1. Short title. This Act may be cited as the Cargo
1616 5 Transportation Fee Act.
1717 6 Section 5. Definitions. As used in this Act:
1818 7 "Department" means the Department of Revenue.
1919 8 "Commercial motor vehicle" has the meaning given to that
2020 9 term in Section 18b-101 of the Illinois Vehicle Code.
2121 10 "Intermodal facility" means a facility that provides for
2222 11 the transfer of freight from one mode of transportation to
2323 12 another. "Intermodal facility" does not include an airport.
2424 13 "Interstate carrier" has the meaning given to that term in
2525 14 Section 18c-1104 of the Illinois Vehicle Code.
2626 15 "Intrastate carrier" has the meaning given to that term in
2727 16 Section 18c-1104 of the Illinois Vehicle Code.
2828 17 Section 10. Fee. On and after January 1, 2026, the
2929 18 corporate authorities of a municipality or, if the intermodal
3030 19 facility is located in an unincorporated area of a county, a
3131 20 county may enact, by ordinance, a fee upon each entity that is
3232 21 an interstate carrier or an intrastate carrier and that (i)
3333 22 transports by common carrier tangible personal property in the
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3737 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1608 Introduced 2/4/2025, by Sen. Rachel Ventura SYNOPSIS AS INTRODUCED:
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4141 Creates the Cargo Transportation Fee Act. Provides that the corporate authorities of a municipality or a county may impose a fee upon interstate carriers and intrastate carriers that (i) transport by common carrier tangible personal property in the State, (ii) transport that tangible personal property for the purpose of selling that tangible personal property at retail, and (iii) receive tangible personal property directly from an intermodal facility that is located in the municipality or county that enacts the ordinance. 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 Motor Carrier Safety Inspection 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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7070 1 State, (ii) transports that tangible personal property for the
7171 2 purpose of selling that tangible personal property at retail,
7272 3 and (iii) receives tangible personal property directly from an
7373 4 intermodal facility that is located in the municipality or
7474 5 county that enacts the ordinance. The fee shall be imposed
7575 6 each time a commercial motor vehicle owned by a qualified
7676 7 interstate carrier or a qualified intrastate carrier receives
7777 8 tangible personal property directly from an intermodal
7878 9 facility that is located in the municipality or county that
7979 10 enacts an ordinance under this Section. If the intermodal
8080 11 facility is located in more than one municipality, more than
8181 12 one county, or in a municipality and an unincorporated area of
8282 13 a county, then only the municipality or county containing the
8383 14 majority of the intermodal facility may impose the fee under
8484 15 this Section on that intermodal facility. The fee is imposed
8585 16 in the following amounts:
8686 17 (1) $0.50 for each such commercial motor vehicle with
8787 18 a gross weight vehicle and load of 12,000 pounds or less;
8888 19 (2) $1 for each such commercial motor vehicle with a
8989 20 gross weight vehicle and load of 12,001 to 16,000 pounds;
9090 21 (3) $1.50 for each such commercial motor vehicle with
9191 22 a gross weight vehicle and load of 16,001 to 20,000
9292 23 pounds;
9393 24 (4) $2 for each such commercial motor vehicle with a
9494 25 gross weight vehicle and load of 20,001 to 24,000 pounds;
9595 26 (5) $2.50 for each such commercial motor vehicle with
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106106 1 a gross weight vehicle and load of 24,001 to 28,000
107107 2 pounds;
108108 3 (6) $3 for each such commercial motor vehicle with a
109109 4 gross weight vehicle and load of 28,001 to 32,000 pounds;
110110 5 (7) $3.50 for each such commercial motor vehicle with
111111 6 a gross weight vehicle and load of 32,001 to 36,000
112112 7 pounds;
113113 8 (8) $4 for each such commercial motor vehicle with a
114114 9 gross weight vehicle and load of 36,001 to 40,000 pounds;
115115 10 (9) $4.50 for each such commercial motor vehicle with
116116 11 a gross weight vehicle and load of 40,001 to 45,000
117117 12 pounds;
118118 13 (10) $5 for each such commercial motor vehicle with a
119119 14 gross weight vehicle and load of 45,001 to 54,999 pounds;
120120 15 (11) $5.50 for each such commercial motor vehicle with
121121 16 a gross weight vehicle and load of 55,000 to 59,500
122122 17 pounds;
123123 18 (12) $6 for each such commercial motor vehicle with a
124124 19 gross weight vehicle and load of 59,501 to 64,000 pounds;
125125 20 (13) $6.50 for each such commercial motor vehicle with
126126 21 a gross weight vehicle and load of 64,001 to 73,280
127127 22 pounds;
128128 23 (14) $7 for each such commercial motor vehicle with a
129129 24 gross weight vehicle and load of 73,281 to 77,000 pounds;
130130 25 (15) $7.50 for each such commercial motor vehicle with
131131 26 a gross weight vehicle and load of 77,001 to 80,000
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142142 1 pounds; and
143143 2 (16) $8 for each such commercial motor vehicle with a
144144 3 gross weight vehicle and load of 80,001 pounds or more.
145145 4 Section 15. Returns.
146146 5 (a) Except as otherwise provided in this Section, on or
147147 6 before the 15th day of each month, each interstate or
148148 7 intrastate carrier that is liable for the payment of the fee
149149 8 under this Act shall make a return to the Department for the
150150 9 preceding calendar month stating:
151151 10 (1) the name of the interstate or intrastate carrier;
152152 11 (2) the address of the carrier's principal place of
153153 12 business;
154154 13 (3) the amount of the fee imposed under this Act; and
155155 14 (4) such other reasonable information as the
156156 15 Department may require.
157157 16 (b) Any person required to make payments under this Act
158158 17 may make the payments by electronic funds transfer. The
159159 18 Department shall adopt rules necessary to effectuate a program
160160 19 of electronic funds transfer.
161161 20 (c) If the person's average monthly liability to the
162162 21 Department under this Act does not exceed $100, the Department
163163 22 may authorize the person's returns to be filed on a quarter
164164 23 annual basis, with the return for January, February, and March
165165 24 of a given year being due by April 30 of that year; with the
166166 25 return for April, May, and June of a given year being due by
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177177 1 July 31 of that year; with the return for July, August, and
178178 2 September of a given year being due by October 31 of that year,
179179 3 and with the return for October, November, and December of a
180180 4 given year being due by January 31 of the following year.
181181 5 (d) If the person's average monthly liability to the
182182 6 Department under this Act does not exceed $20, the Department
183183 7 may authorize the person's returns to be filed on an annual
184184 8 basis, with the return for a given year being due by January 31
185185 9 of the following year.
186186 10 (e) The interstate or intrastate carrier making the return
187187 11 provided for in this Section shall, at the time of making that
188188 12 return, pay to the Department the amount of the fee imposed by
189189 13 this Act.
190190 14 Section 20. Incorporation of Retailers' Occupation Tax
191191 15 Act. All of the provisions of Sections 4, 5, 5a, 5b, 5c, 5d,
192192 16 5e, 5f, 5g, 5i, 5j, 6b, and 6c of the Retailers' Occupation Tax
193193 17 Act that are not inconsistent with this Act, and Section 3-7 of
194194 18 the Uniform Penalty and Interest Act shall apply, as far as
195195 19 practicable, to the subject matter of this Act to the same
196196 20 extent as if such provisions were included in this Act.
197197 21 References in those incorporated Sections of the Retailers'
198198 22 Occupation Tax Act to retailers, to sellers, or to persons
199199 23 engaged in the business of selling tangible personal property
200200 24 mean interstate carriers or intrastate carriers for the
201201 25 purpose of this Act.
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212212 1 Section 25. Distribution of proceeds.
213213 2 (a) Of the proceeds from the fee imposed by this Act, 95%
214214 3 shall be deposited into the Cargo Transportation Fee Fund, a
215215 4 special fund created in the State treasury. Moneys in the Fund
216216 5 shall be used by the Department of Transportation for road
217217 6 projects involving State and local roadways that are used as
218218 7 trucking routes and that are located within 5 miles of an
219219 8 intermodal facility that has a fee imposed under this Act.
220220 9 Moneys deposited into the Cargo Transportation Fee Fund as a
221221 10 result of a fee imposed under this Act by a particular
222222 11 municipality or county shall be used for road projects in that
223223 12 particular municipality or county. In addition, when
224224 13 distributing moneys from the Cargo Transportation Fee Fund,
225225 14 the Department of Transportation shall prioritize road
226226 15 projects based on the amount of damage to the roadway that
227227 16 needs to be corrected.
228228 17 (b) Of the proceeds from the fee imposed by this Act, 5%
229229 18 shall be deposited into the Motor Carrier Safety Inspection
230230 19 Fund to be used by the Illinois State Police for motor carrier
231231 20 safety enforcement within 20 miles of an intermodal facility
232232 21 that has a fee imposed under this Act.
233233 22 Section 30. Rules. The Department shall adopt rules to
234234 23 implement and administer this Act.
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245245 1 Section 35. The State Finance Act is amended by adding
246246 2 Section 5.1030 as follows:
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