HB 4294 — CNTY CD-COUNTY MOTOR FUEL TAX

*LRB09515266BDD41251b* HB4294 95THEngrossed GENERALLRB095 ASSEMBLY15266 StateBDD of41251 Illinoisb andAN 2008ACT HB4294concerning bylocal Rep.government.

Patricia Reid Lindner SYNOPSIS AS INTRODUCED:

ILCS 5/5-1035.1 from Ch.

34, par.

5-1035.1 Amends the Counties Code.

Authorizes the counties of Will, Kendall, Boone, Lake, DeKalb, and Grundy to impose a county motor fuel tax.

Requires referendum approval before the tax may be imposed.

Sets forth requirements for the referendum and for the imposition and collection of the tax.

Makes technical changes.

LRB095 15266 BDD 41251 b FISCAL NOTE ACT MAY APPLY A BILL FOR HB4294 LRB095 15266 BDD 41251 b AN ACT concerning local government.

(b) The county boards of the counties of Will, Kendall, Boone, Lake, DeKalb, and Grundy may impose a tax upon all persons engaged in the county in the business of selling motor HB4294 Engrossed - 2 - LRB095 15266 BDD 41251 b fuel, as defined in subsection (a), at retail for the operation of motor vehicles upon public highways or for the operation of recreational watercraft upon waterways.

If a majority of the electors voting on the question vote HB4294 Engrossed - 3 - LRB095 15266 BDD 41251 b in the affirmative, then the county may, thereafter, impose the tax by an ordinance or resolution adopted by an affirmative vote of a majority of the members elected or appointed to the county board.

Whenever the Department determines that a refund shall be made under this Section to a claimant instead of issuing a credit memorandum, the Department shall notify the State HB4294 Engrossed - 4 - LRB095 15266 BDD 41251 b Comptroller, who shall cause the order to be drawn for the amount specified, and to the person named, in the notification from the Department.

less the amount expended during the second preceding month by the Department pursuant to appropriation from the County Option Motor Fuel Tax Fund for the administration and enforcement of this Section, which appropriation shall not exceed $200,000 for fiscal year 1990 and, for each year thereafter, shall not exceed 2% of the amount deposited into the County Option Motor Fuel Tax Fund during the preceding HB4294 Engrossed - 5 - LRB095 15266 BDD 41251 b fiscal year.

(g) ThisNotwithstanding Sectionany shallother berulemaking knownauthority andthat may beexist, citedneither asthe Governor nor any agency or agency head under the Countyjurisdiction Motorof Fuelthe TaxGovernor Law.has any authority to make or promulgate rules to implement or enforce the provisions of this amendatory Act of the 95th General Assembly.

If, however, the Governor believes that rules are necessary to HB4294 Engrossed - 6 - LRB095 15266 BDD 41251 b implement or enforce the provisions of this amendatory Act of the 95th General Assembly, the Governor may suggest rules to the General Assembly by filing them with the Clerk of the House and the Secretary of the Senate and by requesting that the General Assembly authorize such rulemaking by law, enact those suggested rules into law, or take any other appropriate action in the General Assembly’s discretion.

Nothing contained in this amendatory Act of the 95th General Assembly shall be interpreted to grant rulemaking authority under any other Illinois statute where such authority is not otherwise explicitly given.

For the purposes of this subsection, "rules" is given the meaning contained in Section 1-70 of the Illinois Administrative Procedure Act, and "agency" and "agency head" are given the meanings contained in Sections 1-20 and 1-25 of the Illinois Administrative Procedure Act to the extent that such definitions apply to agencies or agency heads under the jurisdiction of the Governor.

(h) This Section shall be known and may be cited as the County Motor Fuel Tax Law.