SB2988 94TH GENERAL ASSEMBLY

LRB094 19190 EFG 54727 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB2988

Introduced 1/20/2006, by Sen. Dave Syverson - William E. Peterson - Dan Cronin - Peter J. Roskam - Christine Radogno

SYNOPSIS AS INTRODUCED:

20 ILCS 2705/2705-212 new
30 ILCS 105/8.3	from Ch. 127, par. 144.3

Amends the Department of Transportation Law of the Civil Administrative Code of Illinois. Provides for the transfer of $170,000,000 from the General Revenue Fund to the Road Fund in each of Fiscal Years 2007, 2008, and 2009. Directs the Department of Transportation to use this money to make grants to certain counties for the mitigation and relief of traffic congestion and for road or other transportation projects relating to business development. Bases eligibility for grants on county population growth and, for one class of grants, on county unemployment rates. Apportions 40% of available grant funds on the basis of county population; apportions 40% of available grant funds on the basis of population growth, and apportions 20% of available grant funds equally among eligible counties with high unemployment. Directs the Department to distribute the grants to the eligible counties as quickly as may be practical. Provides that an eligible county must establish its eligibility to the satisfaction of the Department, but need not specify the grant projects or other proposed uses of the grant at the time of application for the grant or before receiving the grant money. Amends the State Finance Act to exempt the grant funds from any limitations on the use of moneys from the Road Fund. Effective July 1, 2006.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning transportation.

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

Section 5. The Department of Transportation Law of the Civil Administrative Code of Illinois is amended by adding Section 2705-212 as follows:

(20 ILCS 2705/2705-212 new)

Sec. 2705-212. Grants to certain counties for road and traffic purposes.

(a) On each of July 1, 2006, July 1, 2007, and July 1, 2008, or as soon after those dates as may be practical, the State Comptroller and Treasurer shall transfer the sum of $170,000,000 from the General Revenue Fund to the Road Fund, to be used for the sole purpose of making grants under this Section.

(b) For the purposes of this Section:

(1) The term "eligible county" means any county that either:

(i) has a population of 250,000 or more and has experienced total population growth of 1.5% or more during the period 2000 through 2004, based on the latest population data available from the U.S. Census Bureau; or

(ii) has a population of less than 250,000 and has experienced total population growth of 20% or more during the period 2000 through 2004, based on the latest population data available from the U.S. Census Bureau.

(2) The term "high-unemployment eligible county" means an eligible county having an unemployment rate for the month of November, 2005 that is greater than or equal to the statewide average unemployment rate for that month, based on data that is not seasonally adjusted, as determined and published by the Illinois Department of Employment Security.

(c) Subject to appropriation, in each of State fiscal years 2007, 2008, and 2009, the Department of Transportation shall make grants to eligible counties of the amounts calculated in accordance with subsections (d), (e), and (f). The Department shall distribute these grants to the eligible counties as quickly as may be practical. An eligible county must establish its eligibility to the satisfaction of the Department, but need not specify the grant projects or other proposed uses of the grant at the time of application for the grant or before receiving the grant money.

(d) The Department shall apportion 40% of the money available for distribution under this Section in each fiscal year among all of the eligible counties, in the same proportion as the population of the county is to the total population of all eligible counties, based on the latest population data for the year 2004 available from the U.S. Census Bureau.

All grant money received under this subsection (d) must be used by the recipient county for the sole purpose of relieving and mitigating traffic congestion in the county.

(e) The Department shall apportion 40% of the money available for distribution under this Section in each fiscal year among all of the eligible counties, in the same proportion as the total growth in population of the county during the period 2000 through 2004 is to the sum of the total growth in population of all eligible counties during the period 2000 through 2004, based on the latest population data available from the U.S. Census Bureau.

All grant money received under this subsection (e) must be used by the recipient county for the sole purpose of relieving and mitigating traffic congestion in the county.

(f) The Department shall apportion 20% of the money available for distribution under this Section in each fiscal year among all of the high-unemployment eligible counties, in equal portions.

All grant money received under this subsection (f) must be used by the recipient county for one or both of the following purposes: (i) relieving and mitigating traffic congestion in the county, and (ii) road or other transportation projects relating to business development.

(g) The Department may adopt emergency rules as necessary to ensure the prompt implementation of this Section.

Section 10. The State Finance Act is amended by changing Section 8.3 as follows:

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

Sec. 8.3. Money in the Road Fund shall, if and when the State of Illinois incurs any bonded indebtedness for the construction of permanent highways, be set aside and used for the purpose of paying and discharging annually the principal and interest on that bonded indebtedness then due and payable, and for no other purpose. The surplus, if any, in the Road Fund after the payment of principal and interest on that bonded indebtedness then annually due shall be used as follows:

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

secondly -- for expenses of the Department of Transportation for construction, reconstruction, improvement, repair, maintenance, operation, and administration of highways in accordance with the provisions of laws relating thereto, or for any purpose related or incident to and connected therewith, including the separation of grades of those highways with railroads and with highways and including the payment of awards made by the Illinois Workers' Compensation Commission under the terms of the Workers' Compensation Act or Workers' Occupational Diseases Act for injury or death of an employee of the Division of Highways in the Department of Transportation; or for the acquisition of land and the erection of buildings for highway purposes, including the acquisition of highway right-of-way or for investigations to determine the reasonably anticipated future highway needs; or for making of surveys, plans, specifications and estimates for and in the construction and maintenance of flight strips and of highways necessary to provide access to military and naval reservations, to defense industries and defense-industry sites, and to the sources of raw materials and for replacing existing highways and highway connections shut off from general public use at military and naval reservations and defense-industry sites, or for the purchase of right-of-way, except that the State shall be reimbursed in full for any expense incurred in building the flight strips; or for the operating and maintaining of highway garages; or for patrolling and policing the public highways and conserving the peace; or for the operating expenses of the Department relating to the administration of public transportation programs; or for any of those purposes or any other purpose that may be provided by law.

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

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

1. Department of Public Health;

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

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

4. Judicial Systems and Agencies.

Beginning with fiscal year 1981 and thereafter, no Road Fund monies shall be appropriated to the following Departments or agencies of State government for administration, grants, or operations; but this limitation is not a restriction upon appropriating for those purposes any Road Fund monies that are eligible for federal reimbursement:

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

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

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

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

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

2. State Officers.

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

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

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

secondly -- no Road Fund monies derived from fees, excises, or license taxes relating to registration, operation and use of vehicles on public highways or to fuels used for the propulsion of those vehicles, shall be appropriated or expended other than for costs of administering the laws imposing those fees, excises, and license taxes, statutory refunds and adjustments allowed thereunder, administrative costs of the Department of Transportation, including, but not limited to, the operating expenses of the Department relating to the administration of public transportation programs, payment of debts and liabilities incurred in construction and reconstruction of public highways and bridges, acquisition of rights-of-way for and the cost of construction, reconstruction, maintenance, repair, and operation of public highways and bridges under the direction and supervision of the State, political subdivision, or municipality collecting those monies, and the costs for patrolling and policing the public highways (by State, political subdivision, or municipality collecting that money) for enforcement of traffic laws. The separation of grades of such highways with railroads and costs associated with protection of at-grade highway and railroad crossing shall also be permissible.

Appropriations for any of such purposes are payable from the Road Fund or the Grade Crossing Protection Fund as provided in Section 8 of the Motor Fuel Tax Law.

Except as provided in this paragraph, beginning with fiscal year 1991 and thereafter, no Road Fund monies shall be appropriated to the Department of State Police for the purposes of this Section in excess of its total fiscal year 1990 Road Fund appropriations for those purposes unless otherwise provided in Section 5g of this Act. For fiscal years 2003, 2004, 2005, and 2006 only, no Road Fund monies shall be appropriated to the Department of State Police for the purposes of this Section in excess of $97,310,000. It shall not be lawful to circumvent this limitation on appropriations by governmental reorganization or other methods unless otherwise provided in Section 5g of this Act.

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

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

Beginning with fiscal year 2000, total Road Fund appropriations to the Secretary of State for the purposes of this Section shall not exceed the amounts specified for the following fiscal years:

It shall not be lawful to circumvent this limitation on appropriations by governmental reorganization or other methods.

No new program may be initiated in fiscal year 1991 and thereafter that is not consistent with the limitations imposed by this Section for fiscal year 1984 and thereafter, insofar as appropriation of Road Fund monies is concerned.

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

The additional amounts authorized for expenditure in this Section by Public Acts 92-0600, 93-0025, and 93-0839 shall be repaid to the Road Fund from the General Revenue Fund in the next succeeding fiscal year that the General Revenue Fund has a positive budgetary balance, as determined by generally accepted accounting principles applicable to government.

The additional amounts authorized for expenditure by the Secretary of State and the Department of State Police in this Section by this amendatory Act of the 94th General Assembly and the 93rd General Assembly shall be repaid to the Road Fund from the General Revenue Fund in the next succeeding fiscal year that the General Revenue Fund has a positive budgetary balance, as determined by generally accepted accounting principles applicable to government.

Notwithstanding the other provisions of this Section and any other provision of law, the money transferred into the Road Fund under Section 2705-212 of the Department of Transportation Law of the Civil Administrative Code of Illinois shall be appropriated to the Department of Transportation and expended by that Department for the sole purpose of making the grants referred to in that Section, and shall not be subject to any other limitations on the use of moneys from the Road Fund.

(Source: P.A. 93-25, eff. 6-20-03; 93-721, eff. 1-1-05; 93-839, eff. 7-30-04; 94-91, eff. 7-1-05.)

Section 99. Effective date. This Act takes effect upon becoming law.