94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB3487


 
Introduced 02/23/05, by Rep. Robert W. Pritchard - Roger Jenisch - Michael Tryon - David R. Leitch - Sidney H. Mathias, et al.
 
SYNOPSIS AS INTRODUCED:
 		















25 ILCS 155/5.1 new





30 ILCS 105/8.3
  from Ch. 127, par. 144.3







    Amends the Commission on Government Forecasting and Accountability Act.  Directs the Commission to annually report to the General Assembly on certain diversions from the Road Fund. Amends the State Finance Act.  Requires repayment from the General Revenue Fund to the Road Fund of 105% of certain identified diversions in the next fiscal year. Effective July 1, 2005.
















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FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB3487

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1
    AN ACT concerning State finance.

 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:


 
4
    Section 5. The Commission on Government Forecasting and 
5
Accountability Act is amended  by adding Section 5.1 as follows:
 
6
    (25 ILCS 155/5.1 new)

7
    Sec. 5.1. Report on Road Fund diversions.
8
    (a) The  Commission shall annually review and calculate the 
9
amount of all diversions from the Road Fund applicable to  the 
10
then current State fiscal year, including without limitation 
11
diversions   made pursuant to Section 5e, 8.3, 8.42, or 8h of the 
12
State Finance Act or any other provision of law.
13
      As part of its review, the Commission shall:
14
        (1) classify those diversions into the following 2 
15
    classes:   (A) diversions authorized by laws taking effect 
16
    before January 1, 2003, and (B) diversions authorized by 
17
    laws taking effect on or after January 1, 2003; and
18
        (2) identify the total amount of diversions authorized 
19
    by laws taking effect on or after January 1, 2003 that have 
20
    not yet been repaid to the Road Fund  under subsection (l) 
21
    or (m) of Section 8.3 of the State Finance Act.
22
    (b)  The Commission shall report its results to the General 
23
Assembly and the State Comptroller by April 1 of each year.

24
    (c) For the purposes of this Section, "diversions" does not 
25
include amounts appropriated or transferred from the Road Fund 
26
(1) for the purpose of paying  the principal and interest on 
27
bonded indebtedness under  the
Transportation Bond Act, (2) for 
28
the construction or maintenance of roads, highways, or bridges, 
29
or (3) for any other purpose determined by the Commission to be 
30
consistent with the original purposes of the Road Fund.


 
31
    Section 10. The State Finance Act is amended  by changing 
 


 






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1
Section 8.3 as follows:
 



2
    (30 ILCS 105/8.3)  (from Ch. 127, par. 144.3)



3
    Sec. 8.3. The Road Fund.

4
    (a) Money in the Road Fund shall, if and when the State of

5
Illinois incurs any bonded indebtedness for the construction of

6
permanent highways, be set aside and used for the purpose of 
7
paying and
discharging annually the principal and interest on 
8
that bonded
indebtedness then due and payable, and for no other 
9
purpose.  The
surplus, if any, in the Road Fund after the 
10
payment of principal and
interest on that bonded indebtedness 
11
then annually due shall be used as
follows:


12
        first -- to pay the cost of administration of Chapters 
13
    2 through 10 of
the Illinois Vehicle Code, except the cost 
14
    of administration of Articles I and
II of Chapter 3 of that 
15
    Code; and


16
        secondly -- for expenses of the Department of 
17
    Transportation for
construction, reconstruction, 
18
    improvement, repair, maintenance,
operation, and 
19
    administration of highways in accordance with the

20
    provisions of laws relating thereto, or for any purpose 
21
    related or
incident to and connected therewith, including 
22
    the separation of grades
of those highways with railroads 
23
    and with highways and including the
payment of awards made 
24
    by the Illinois Workers' Compensation  Commission under the 
25
    terms of
the Workers' Compensation Act or Workers' 
26
    Occupational Diseases Act for
injury or death of an 
27
    employee of the Division of Highways in the
Department of 
28
    Transportation; or for the acquisition of land and the

29
    erection of buildings for highway purposes, including the 
30
    acquisition of
highway right-of-way or for investigations 
31
    to determine the reasonably
anticipated future highway 
32
    needs; or for making of surveys, plans,
specifications and 
33
    estimates for and in the construction and maintenance
of 
34
    flight strips and of highways necessary to provide access 
35
    to military
and naval reservations, to defense industries 
 


 






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    and defense-industry
sites, and to the sources of raw 
2
    materials and for replacing existing
highways and highway 
3
    connections shut off from general public use at
military 
4
    and naval reservations and defense-industry sites, or for 
5
    the
purchase of right-of-way, except that the State shall 
6
    be reimbursed in
full for any expense incurred in building 
7
    the flight strips; or for the
operating and maintaining of 
8
    highway garages; or for patrolling and
policing the public 
9
    highways and conserving the peace; or for the operating 
10
    expenses of the Department relating to the administration 
11
    of public transportation programs; or for any of
those 
12
    purposes or any other purpose that may be provided by law.

13
    Appropriations for any of those purposes are payable from 
14
the Road
Fund.  Appropriations may also be made from the Road 
15
Fund for the
administrative expenses of any State agency that 
16
are related to motor
vehicles or arise from the use of motor 
17
vehicles.

18
    (b) Beginning with fiscal year 1980 and thereafter, no Road 
19
Fund monies
shall be appropriated to the following Departments 
20
or agencies of State
government for administration, grants, or 
21
operations; but this
limitation is not a restriction upon 
22
appropriating for those purposes any
Road Fund monies that are 
23
eligible for federal reimbursement;


24
        1. Department of Public Health;


25
        2. Department of Transportation, only with respect to 
26
    subsidies for
one-half fare Student Transportation and 
27
    Reduced Fare for Elderly;


28
        3. Department of Central Management
Services, except 
29
    for expenditures
incurred for group insurance premiums of 
30
    appropriate personnel;


31
        4. Judicial Systems and Agencies.

32
    (c) Beginning with fiscal year 1981 and thereafter, no Road 
33
Fund monies
shall be appropriated to the following Departments 
34
or agencies of State
government for administration, grants, or 
35
operations; but this
limitation is not a restriction upon 
36
appropriating for those purposes any
Road Fund monies that are 
 


 






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1
eligible for federal reimbursement:


2
        1. Department of State Police, except for expenditures 
3
    with
respect to the Division of Operations;


4
        2. Department of Transportation, only with respect to 
5
    Intercity Rail
Subsidies and Rail Freight Services.

6
    (d) Beginning with fiscal year 1982 and thereafter, no Road 
7
Fund monies
shall be appropriated to the following Departments 
8
or agencies of State
government for administration, grants, or 
9
operations; but this
limitation is not a restriction upon 
10
appropriating for those purposes any
Road Fund monies that are 
11
eligible for federal reimbursement:  Department
of Central 
12
Management Services, except for awards made by
the Illinois 
13
Workers' Compensation  Commission under the terms of the 
14
Workers' Compensation Act
or Workers' Occupational Diseases 
15
Act for injury or death of an employee of
the Division of 
16
Highways in the Department of Transportation.

17
    (e) Beginning with fiscal year 1984 and thereafter, no Road 
18
Fund monies
shall be appropriated to the following Departments 
19
or agencies of State
government for administration, grants, or 
20
operations; but this
limitation is not a restriction upon 
21
appropriating for those purposes any
Road Fund monies that are 
22
eligible for federal reimbursement:


23
        1. Department of State Police, except not more than 40% 
24
    of the
funds appropriated for the Division of Operations;


25
        2. State Officers.

26
    (f) Beginning with fiscal year 1984 and thereafter, no Road 
27
Fund monies
shall be appropriated to any Department or agency 
28
of State government
for administration, grants, or operations 
29
except as provided hereafter;
but this limitation is not a 
30
restriction upon appropriating for those
purposes any Road Fund 
31
monies that are eligible for federal
reimbursement.  It shall 
32
not be lawful to circumvent the above
appropriation limitations 
33
by governmental reorganization or other
methods.  
34
Appropriations shall be made from the Road Fund only in

35
accordance with the provisions of this Section.

36
    Money in the Road Fund shall, if and when the State of 
 


 






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Illinois
incurs any bonded indebtedness for the construction of 
2
permanent
highways, be set aside and used for the purpose of 
3
paying  and
discharging during each fiscal year the principal 
4
and interest on that
bonded indebtedness as it becomes due and 
5
payable as provided in the
Transportation Bond Act, and for no 
6
other
purpose.  The surplus, if any, in the Road Fund after the 
7
payment of
principal and interest on that bonded indebtedness 
8
then annually due
shall be used as follows:


9
        first -- to pay the cost of administration of Chapters 
10
    2 through 10
of the Illinois Vehicle Code; and


11
        secondly -- no Road Fund monies derived from fees, 
12
    excises, or
license taxes relating to registration, 
13
    operation and use of vehicles on
public highways or to 
14
    fuels used for the propulsion of those vehicles,
shall be 
15
    appropriated or expended other than for costs of 
16
    administering
the laws imposing those fees, excises, and 
17
    license taxes, statutory
refunds and adjustments allowed 
18
    thereunder, administrative costs of the
Department of 
19
    Transportation, including, but not limited to, the 
20
    operating expenses of the Department relating to the 
21
    administration of public transportation programs, payment 
22
    of debts and liabilities incurred
in construction and 
23
    reconstruction of public highways and bridges,
acquisition 
24
    of rights-of-way for and the cost of construction,

25
    reconstruction, maintenance, repair, and operation of 
26
    public highways and
bridges under the direction and 
27
    supervision of the State, political
subdivision, or 
28
    municipality collecting those monies, and the costs for

29
    patrolling and policing the public highways (by State, 
30
    political
subdivision, or municipality collecting that 
31
    money) for enforcement of
traffic laws.  The separation of 
32
    grades of such highways with railroads
and costs associated 
33
    with protection of at-grade highway and railroad
crossing 
34
    shall also be permissible.

35
    Appropriations for any of such purposes are payable from 
36
the Road
Fund or the Grade Crossing Protection Fund as provided 
 


 






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1
in Section 8 of
the Motor Fuel Tax Law.

2
    (g) Except as provided in this paragraph, beginning with 
3
fiscal year 1991 and
thereafter, no Road Fund monies
shall be 
4
appropriated to the Department of State Police for the purposes 
5
of
this Section in excess of its total fiscal year 1990 Road 
6
Fund
appropriations for those purposes unless otherwise 
7
provided in Section 5g of
this Act.
For fiscal years 2003,


8
2004, and 2005 only, no Road Fund monies shall
be appropriated 
9
to the
Department of State Police for the purposes of this 
10
Section in excess of
$97,310,000.
It shall not be lawful to 
11
circumvent this limitation on
appropriations by governmental 
12
reorganization or other methods unless
otherwise provided in 
13
Section 5g of this Act.

14
    (h) In fiscal year 1994, no Road Fund monies shall be 
15
appropriated
to the
Secretary of State for the purposes of this 
16
Section in excess of the total
fiscal year 1991 Road Fund 
17
appropriations to the Secretary of State for
those purposes, 
18
plus $9,800,000.  It
shall not be
lawful to circumvent
this 
19
limitation on appropriations by governmental reorganization or 
20
other
method.

21
    (i) Beginning with fiscal year 1995 and thereafter, no Road 
22
Fund
monies
shall be appropriated to the Secretary of State for 
23
the purposes of this
Section in excess of the total fiscal year 
24
1994 Road Fund
appropriations to
the Secretary of State for 
25
those purposes. It shall not be lawful to
circumvent this 
26
limitation on appropriations by governmental reorganization
or 
27
other methods.

28
    (j) Beginning with fiscal year 2000, total Road Fund 
29
appropriations to the
Secretary of State for the purposes of 
30
this Section shall not exceed the
amounts specified for the 
31
following fiscal years:





























32        Fiscal Year 2000$80,500,000;
33        Fiscal Year 2001$80,500,000;
34        Fiscal Year 2002$80,500,000;
35        Fiscal Year 2003$130,500,000;
36        Fiscal Year 2004$130,500,000;


 


 






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1        Fiscal Year 2005$130,500,000;

2        Fiscal Year 2006 and$30,500,000.


3        each year thereafter
4
    It shall not be lawful to circumvent this limitation on 
5
appropriations by
governmental reorganization or other 
6
methods.

7
    (k) No new program may be initiated in fiscal year 1991 and

8
thereafter that is not consistent with the limitations imposed 
9
by this
Section for fiscal year 1984 and thereafter, insofar as 
10
appropriation of
Road Fund monies is concerned.

11
     Nothing in this Section prohibits transfers from the Road 
12
Fund to the
State Construction Account Fund under Section 5e of 
13
this Act; nor to the
General Revenue Fund, as authorized by 
14
this amendatory Act of
the 93rd
General Assembly.

15
    (l) The additional amounts authorized for expenditure in 
16
this Section by Public Acts 92-0600 and 93-0025 shall be repaid 
17
to the Road Fund
from the General Revenue Fund in the next 
18
succeeding fiscal year that the
General Revenue Fund has a 
19
positive budgetary balance, as determined by
generally 
20
accepted accounting principles applicable to government.

21
    The additional amounts authorized for expenditure by the 
22
Secretary of State
and
the Department of State Police in this 
23
Section by this amendatory Act of the
93rd General
Assembly 
24
shall be repaid to the Road Fund from the General Revenue Fund 
25
in the
next
succeeding fiscal year that the General Revenue 
26
Fund has a positive budgetary
balance,
as determined by 
27
generally accepted accounting principles applicable to

28
government.

29
    (m) All diversions from the Road Fund that are authorized 
30
by laws taking effect on or after January 1, 2003 shall be  
31
repaid to the Road Fund from the General Revenue Fund.
32
    Beginning July 1, 2006, as soon as may be practical in each 
33
fiscal year, the State Comptroller and Treasurer shall transfer 
34
from the General Revenue Fund into the Road Fund amounts 
35
totalling (1) 100% of the amount identified by the Commission 
36
on Government Forecasting and Accountability in its report 
 


 






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1
under Section 5.1 of the Commission on Government Forecasting 
2
and Accountability Act for the previous    fiscal year as the 
3
amount of diversions authorized by laws taking effect on or 
4
after January 1, 2003 that have not yet been repaid, plus (2) 
5
an additional amount equal to 5% of the amount specified in 
6
item  (1), representing imputed earnings on the amounts 
7
diverted.

8
(Source: P.A. 92-600, eff. 6-28-02; 93-25, eff. 6-20-03; 
9
93-721, eff. 1-1-05; 93-839, eff. 7-30-04; revised 10-25-04.)

 

10
    Section 99. Effective date. This Act takes effect July 1, 
11
2005.