093_SB1472 LRB093 07182 MKM 07337 b 1 AN ACT concerning roads. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The State Finance Act is amended by changing 5 Section 8.3 as follows: 6 (30 ILCS 105/8.3) (from Ch. 127, par. 144.3) 7 Sec. 8.3. Money in the Road Fund shall, if and when the 8 State of Illinois incurs any bonded indebtedness for the 9 construction of permanent highways, be set aside and used for 10 the purpose of paying and discharging annually the principal 11 and interest on that bonded indebtedness then due and 12 payable, and for no other purpose. The surplus, if any, in 13 the Road Fund after the payment of principal and interest on 14 that bonded indebtedness then annually due shall be used as 15 follows: 16 first -- to pay the cost of administration of 17 Chapters 2 through 10 of the Illinois Vehicle Code, 18 except the cost of administration of Articles I and II of 19 Chapter 3 of that Code; and 20 secondly -- for expenses of the Department of 21 Transportation for construction, reconstruction, 22 improvement, repair, maintenance, operation, and 23 administration of highways in accordance with the 24 provisions of laws relating thereto, or for any purpose 25 related or incident to and connected therewith, including 26 the separation of grades of those highways with railroads 27 and with highways and including the payment of awards 28 made by the Industrial Commission under the terms of the 29 Workers' Compensation Act or Workers' Occupational 30 Diseases Act for injury or death of an employee of the 31 Division of Highways in the Department of Transportation; -2- LRB093 07182 MKM 07337 b 1 or for the acquisition of land and the erection of 2 buildings for highway purposes, including the acquisition 3 of highway right-of-way or for investigations to 4 determine the reasonably anticipated future highway 5 needs; or for making of surveys, plans, specifications 6 and estimates for and in the construction and maintenance 7 of flight strips and of highways necessary to provide 8 access to military and naval reservations, to defense 9 industries and defense-industry sites, and to the sources 10 of raw materials and for replacing existing highways and 11 highway connections shut off from general public use at 12 military and naval reservations and defense-industry 13 sites, or for the purchase of right-of-way, except that 14 the State shall be reimbursed in full for any expense 15 incurred in building the flight strips; or for the 16 operating and maintaining of highway garages; or for 17 patrolling and policing the public highways and 18 conserving the peace; or for any of those purposes or any 19 other purpose that may be provided by law. 20 Appropriations for any of those purposes are payable from 21 the Road Fund. Appropriations may also be made from the Road 22 Fund for the administrative expenses of any State agency that 23 are related to motor vehicles or arise from the use of motor 24 vehicles. 25 Beginning with fiscal year 1980 and thereafter, no Road 26 Fund monies shall be appropriated to the following 27 Departments or agencies of State government for 28 administration, grants, or operations; but this limitation is 29 not a restriction upon appropriating for those purposes any 30 Road Fund monies that are eligible for federal reimbursement; 31 1. Department of Public Health; 32 2. Department of Transportation, only with respect 33 to subsidies for one-half fare Student Transportation and 34 Reduced Fare for Elderly; -3- LRB093 07182 MKM 07337 b 1 3. Department of Central Management Services, 2 except for expenditures incurred for group insurance 3 premiums of appropriate personnel; 4 4. Judicial Systems and Agencies. 5 Beginning with fiscal year 1981 and thereafter, no Road 6 Fund monies shall be appropriated to the following 7 Departments or agencies of State government for 8 administration, grants, or operations; but this limitation is 9 not a restriction upon appropriating for those purposes any 10 Road Fund monies that are eligible for federal reimbursement: 11 1. Department of State Police, except for 12 expenditures with respect to the Division of Operations; 13 2. Department of Transportation, only with respect 14 to Intercity Rail Subsidies and Rail Freight Services. 15 Beginning with fiscal year 1982 and thereafter, no Road 16 Fund monies shall be appropriated to the following 17 Departments or agencies of State government for 18 administration, grants, or operations; but this limitation is 19 not a restriction upon appropriating for those purposes any 20 Road Fund monies that are eligible for federal reimbursement: 21 Department of Central Management Services, except for awards 22 made by the Industrial Commission under the terms of the 23 Workers' Compensation Act or Workers' Occupational Diseases 24 Act for injury or death of an employee of the Division of 25 Highways in the Department of Transportation. 26 Beginning with fiscal year 1984 and thereafter, no Road 27 Fund monies shall be appropriated to the following 28 Departments or agencies of State government for 29 administration, grants, or operations; but this limitation is 30 not a restriction upon appropriating for those purposes any 31 Road Fund monies that are eligible for federal reimbursement: 32 1. Department of State Police, except not more than 33 40% of the funds appropriated for the Division of 34 Operations; -4- LRB093 07182 MKM 07337 b 1 2. State Officers. 2 Beginning with fiscal year 1984 and thereafter, no Road 3 Fund monies shall be appropriated to any Department or agency 4 of State government for administration, grants, or operations 5 except as provided hereafter; but this limitation is not a 6 restriction upon appropriating for those purposes any Road 7 Fund monies that are eligible for federal reimbursement. It 8 shall not be lawful to circumvent the above appropriation 9 limitations by governmental reorganization or other methods. 10 Appropriations shall be made from the Road Fund only in 11 accordance with the provisions of this Section. 12 Money in the Road Fund shall, if and when the State of 13 Illinois incurs any bonded indebtedness for the construction 14 of permanent highways, be set aside and used for the purpose 15 of paying and discharging during each fiscal year the 16 principal and interest on that bonded indebtedness as it 17 becomes due and payable as provided in the Transportation 18 Bond Act, and for no other purpose. The surplus, if any, in 19 the Road Fund after the payment of principal and interest on 20 that bonded indebtedness then annually due shall be used as 21 follows: 22 first -- to pay the cost of administration of 23 Chapters 2 through 10 of the Illinois Vehicle Code; and 24 secondly -- no Road Fund monies derived from fees, 25 excises, or license taxes relating to registration, 26 operation and use of vehicles on public highways or to 27 fuels used for the propulsion of those vehicles, shall be 28 appropriated or expended other than for costs of 29 administering the laws imposing those fees, excises, and 30 license taxes, statutory refunds and adjustments allowed 31 thereunder, administrative costs of the Department of 32 Transportation, payment of debts and liabilities incurred 33 in construction and reconstruction of public highways and 34 bridges, acquisition of rights-of-way for and the cost of -5- LRB093 07182 MKM 07337 b 1 construction, reconstruction, maintenance, repair, and 2 operation of public highways and bridges under the 3 direction and supervision of the State, political 4 subdivision, or municipality collecting those monies, and 5 the costs for patrolling and policing the public highways 6 (by State, political subdivision, or municipality 7 collecting that money) for enforcement of traffic laws. 8 The separation of grades of such highways with railroads 9 and costs associated with protection of at-grade highway 10 and railroad crossing shall also be permissible. 11 Appropriations for any of such purposes are payable from 12 the Road Fund or the Grade Crossing Protection Fund as 13 provided in Section 8 of the Motor Fuel Tax Law. 14 Except as provided in this paragraph, beginning with 15 fiscal year 1991 and thereafter, no Road Fund monies shall be 16 appropriated to the Department of State Police for the 17 purposes of this Section in excess of its total fiscal year 18 1990 Road Fund appropriations for those purposes unless 19 otherwise provided in Section 5g of this Act. For fiscal year 20 2003 only, no Road Fund monies shall be appropriated to the 21 Department of State Police for the purposes of this Section 22 in excess of $97,310,000. It shall not be lawful to 23 circumvent this limitation on appropriations by governmental 24 reorganization or other methods unless otherwise provided in 25 Section 5g of this Act. 26 In fiscal year 1994, no Road Fund monies shall be 27 appropriated to the Secretary of State for the purposes of 28 this Section in excess of the total fiscal year 1991 Road 29 Fund appropriations to the Secretary of State for those 30 purposes, plus $9,800,000. It shall not be lawful to 31 circumvent this limitation on appropriations by governmental 32 reorganization or other method. 33 Beginning with fiscal year 1995 and thereafter, no Road 34 Fund monies shall be appropriated to the Secretary of State -6- LRB093 07182 MKM 07337 b 1 for the purposes of this Section in excess of the total 2 fiscal year 1994 Road Fund appropriations to the Secretary of 3 State for those purposes. It shall not be lawful to 4 circumvent this limitation on appropriations by governmental 5 reorganization or other methods. 6 Beginning with fiscal year 2000, total Road Fund 7 appropriations to the Secretary of State for the purposes of 8 this Section shall not exceed the amounts specified for the 9 following fiscal years: 10 Fiscal Year 2000 $80,500,000; 11 Fiscal Year 2001 $80,500,000; 12 Fiscal Year 2002 $80,500,000; 13 Fiscal Year 2003 $130,500,000 ; 14 Fiscal Year 2004 $64,400,000; 15 Fiscal Year 2005 $48,300,000; 16 Fiscal Year 2006 $32,200,000; 17 Fiscal Year 2007 $16,100,000; 18 Fiscal Year 2008; and 19 each year thereafter $0 $30,500,000. 20 It shall not be lawful to circumvent this limitation on 21 appropriations by governmental reorganization or other 22 methods. 23 No new program may be initiated in fiscal year 1991 and 24 thereafter that is not consistent with the limitations 25 imposed by this Section for fiscal year 1984 and thereafter, 26 insofar as appropriation of Road Fund monies is concerned. 27 Nothing in this Section prohibits transfers from the Road 28 Fund to the State Construction Account Fund under Section 5e 29 of this Act. 30 Beginning with fiscal year 2005 and thereafter, no Road 31 Fund moneys may be appropriated to the Department of Central 32 Management Services, the Department of Employment Security, 33 the Department of Revenue, the Court of Claims, or any other 34 State agency (other than the Department of State Police and -7- LRB093 07182 MKM 07337 b 1 the Department of Transportation and, until fiscal year 2008, 2 the Secretary of State) for the purposes of this Section. 3 Appropriations to those entities for those purposes shall, 4 instead, be made from the General Revenue Fund. It shall not 5 be lawful to circumvent this limitation on appropriations by 6 governmental reorganization or other methods. Nothing in 7 this paragraph prohibits appropriations from the Road Fund to 8 the Department of State Police for the purposes of the 9 highway patrol budget only or the Court of Claims for any 10 claims made against any activities that are funded by the 11 Road Fund. 12 Beginning with fiscal year 2008 and thereafter, no Road 13 Fund moneys may be appropriated to the Secretary of State for 14 the purposes of this Section. Appropriations to the 15 Secretary of State for those purposes shall, instead, be made 16 from the General Revenue Fund. Is shall not be lawful to 17 circumvent this limitation on appropriations by governmental 18 reorganization or other methods. 19 The additional amounts authorized for expenditure in this 20 Section by this amendatory Act of the 92nd General Assembly 21 shall be repaid to the Road Fund from the General Revenue 22 Fund in the next succeeding fiscal year that the General 23 Revenue Fund has a positive budgetary balance, as determined 24 by generally accepted accounting principles applicable to 25 government. 26 (Source: P.A. 91-37, eff. 7-1-99; 91-760, eff. 1-1-01; 27 92-600, eff. 6-28-02.)