95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB5945


 
Introduced , by Rep. Jil Tracy - Aaron Schock - David Reis
 
SYNOPSIS AS INTRODUCED:
 		







  



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








    Amends the State Finance Act. Decreases the total amount of Road
Fund appropriations to the Secretary of State for Fiscal Years 2009
through 2011. Beginning with fiscal year 2009, prohibits Road Fund
moneys from being appropriated to the Department of Central Management
Services, the Department of Employment Security, the Department of
Revenue, the Court of Claims, or any other State agency (other than the
Department of State Police and the Department of Transportation and,
until fiscal year 2011, the Secretary of State) for the purposes of the
provisions concerning appropriations from the Road Fund. Provides that
beginning with fiscal year 2011, no Road Fund moneys may be
appropriated to the Secretary of State. Provides that appropriations to
those entities for those purposes shall be made from the General
Revenue Fund. Provides that the Department of State Police may continue
to receive appropriations from the Road Fund for the highway patrol
budget only. Effective immediately.
















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FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB5945

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1
    AN ACT concerning finances. 

 
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 and Section 8h, as added by Public Act 93-32, as 
6
follows:


 



7
    (30 ILCS 105/8.3)  (from Ch. 127, par. 144.3)



8
    Sec. 8.3. Money in the Road Fund shall, if and when the 
9
State of
Illinois incurs any bonded indebtedness for the 
10
construction of
permanent highways, be set aside and used for 
11
the purpose of paying and
discharging annually the principal 
12
and interest on that bonded
indebtedness then due and payable, 
13
and for no other purpose.  The
surplus, if any, in the Road Fund 
14
after the payment of principal and
interest on that bonded 
15
indebtedness then annually due shall be used as
follows:


16
        first -- to pay the cost of administration of Chapters 
17
    2 through 10 of
the Illinois Vehicle Code, except the cost 
18
    of administration of Articles I and
II of Chapter 3 of that 
19
    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

 


 






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1
    provisions of laws relating thereto, or for any purpose 
2
    related or
incident to and connected therewith, including 
3
    the separation of grades
of those highways with railroads 
4
    and with highways and including the
payment of awards made 
5
    by the Illinois Workers' Compensation  Commission under the 
6
    terms of
the Workers' Compensation Act or Workers' 
7
    Occupational Diseases Act for
injury or death of an 
8
    employee of the Division of Highways in the
Department of 
9
    Transportation; or for the acquisition of land and the

10
    erection of buildings for highway purposes, including the 
11
    acquisition of
highway right-of-way or for investigations 
12
    to determine the reasonably
anticipated future highway 
13
    needs; or for making of surveys, plans,
specifications and 
14
    estimates for and in the construction and maintenance
of 
15
    flight strips and of highways necessary to provide access 
16
    to military
and naval reservations, to defense industries 
17
    and defense-industry
sites, and to the sources of raw 
18
    materials and for replacing existing
highways and highway 
19
    connections shut off from general public use at
military 
20
    and naval reservations and defense-industry sites, or for 
21
    the
purchase of right-of-way, except that the State shall 
22
    be reimbursed in
full for any expense incurred in building 
23
    the flight strips; or for the
operating and maintaining of 
24
    highway garages; or for patrolling and
policing the public 
25
    highways and conserving the peace; or for the operating 
26
    expenses of the Department relating to the administration 
 


 






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1
    of public transportation programs; or for any of
those 
2
    purposes or any other purpose that may be provided by law.

3
    Appropriations for any of those purposes are payable from 
4
the Road
Fund.  Appropriations may also be made from the Road 
5
Fund for the
administrative expenses of any State agency that 
6
are related to motor
vehicles or arise from the use of motor 
7
vehicles.

8
    Beginning with fiscal year 1980 and thereafter, no Road 
9
Fund monies
shall be appropriated to the following Departments 
10
or agencies of State
government for administration, grants, or 
11
operations; but this
limitation is not a restriction upon 
12
appropriating for those purposes any
Road Fund monies that are 
13
eligible for federal reimbursement;


14
        1. Department of Public Health;


15
        2. Department of Transportation, only with respect to 
16
    subsidies for
one-half fare Student Transportation and 
17
    Reduced Fare for Elderly;


18
        3. Department of Central Management
Services, except 
19
    for expenditures
incurred for group insurance premiums of 
20
    appropriate personnel;


21
        4. Judicial Systems and Agencies.

22
    Beginning with fiscal year 1981 and thereafter, no Road 
23
Fund monies
shall be appropriated to the following Departments 
24
or agencies of State
government for administration, grants, or 
25
operations; but this
limitation is not a restriction upon 
26
appropriating for those purposes any
Road Fund monies that are 
 


 






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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
    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
    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
    Beginning with fiscal year 1984 and thereafter, no Road 
 


 






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1
Fund monies
shall be appropriated to any Department or agency 
2
of State government
for administration, grants, or operations 
3
except as provided hereafter;
but this limitation is not a 
4
restriction upon appropriating for those
purposes any Road Fund 
5
monies that are eligible for federal
reimbursement.  It shall 
6
not be lawful to circumvent the above
appropriation limitations 
7
by governmental reorganization or other
methods.  
8
Appropriations shall be made from the Road Fund only in

9
accordance with the provisions of this Section.

10
    Money in the Road Fund shall, if and when the State of 
11
Illinois
incurs any bonded indebtedness for the construction of 
12
permanent
highways, be set aside and used for the purpose of 
13
paying  and
discharging during each fiscal year the principal 
14
and interest on that
bonded indebtedness as it becomes due and 
15
payable as provided in the
Transportation Bond Act, and for no 
16
other
purpose.  The surplus, if any, in the Road Fund after the 
17
payment of
principal and interest on that bonded indebtedness 
18
then annually due
shall be used as follows:


19
        first -- to pay the cost of administration of Chapters 
20
    2 through 10
of the Illinois Vehicle Code; and


21
        secondly -- no Road Fund monies derived from fees, 
22
    excises, or
license taxes relating to registration, 
23
    operation and use of vehicles on
public highways or to 
24
    fuels used for the propulsion of those vehicles,
shall be 
25
    appropriated or expended other than for costs of 
26
    administering
the laws imposing those fees, excises, and 
 


 






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1
    license taxes, statutory
refunds and adjustments allowed 
2
    thereunder, administrative costs of the
Department of 
3
    Transportation, including, but not limited to, the 
4
    operating expenses of the Department relating to the 
5
    administration of public transportation programs, payment 
6
    of debts and liabilities incurred
in construction and 
7
    reconstruction of public highways and bridges,
acquisition 
8
    of rights-of-way for and the cost of construction,

9
    reconstruction, maintenance, repair, and operation of 
10
    public highways and
bridges under the direction and 
11
    supervision of the State, political
subdivision, or 
12
    municipality collecting those monies, and the costs for

13
    patrolling and policing the public highways (by State, 
14
    political
subdivision, or municipality collecting that 
15
    money) for enforcement of
traffic laws.  The separation of 
16
    grades of such highways with railroads
and costs associated 
17
    with protection of at-grade highway and railroad
crossing 
18
    shall also be permissible.

19
    Appropriations for any of such purposes are payable from 
20
the Road
Fund or the Grade Crossing Protection Fund as provided 
21
in Section 8 of
the Motor Fuel Tax Law.

22
    Except as provided in this paragraph, beginning with fiscal 
23
year 1991 and
thereafter, no Road Fund monies
shall be 
24
appropriated to the Department of State Police for the purposes 
25
of
this Section in excess of its total fiscal year 1990 Road 
26
Fund
appropriations for those purposes unless otherwise 
 


 






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1
provided in Section 5g of
this Act.
For fiscal years 2003,


2
2004, 2005, 2006, and 2007 only, no Road Fund monies shall
be 
3
appropriated to the
Department of State Police for the purposes 
4
of this Section in excess of
$97,310,000.
 For fiscal year 2008 
5
only, no Road
Fund monies shall be appropriated to the 
6
Department of State Police for the purposes of
this Section in 
7
excess of $106,100,000. It shall not be lawful to circumvent 
8
this limitation on
appropriations by governmental 
9
reorganization or other methods unless
otherwise provided in 
10
Section 5g of this Act.

11
    In fiscal year 1994, no Road Fund monies shall be 
12
appropriated
to the
Secretary of State for the purposes of this 
13
Section in excess of the total
fiscal year 1991 Road Fund 
14
appropriations to the Secretary of State for
those purposes, 
15
plus $9,800,000.  It
shall not be
lawful to circumvent
this 
16
limitation on appropriations by governmental reorganization or 
17
other
method.

18
    Beginning with fiscal year 1995 and thereafter, no Road 
19
Fund
monies
shall be appropriated to the Secretary of State for 
20
the purposes of this
Section in excess of the total fiscal year 
21
1994 Road Fund
appropriations to
the Secretary of State for 
22
those purposes. It shall not be lawful to
circumvent this 
23
limitation on appropriations by governmental reorganization
or 
24
other methods.

25
    Beginning with fiscal year 2000, total Road Fund 
26
appropriations to the
Secretary of State for the purposes of 


 


 






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1
this Section shall not exceed the
amounts specified for the 
2
following fiscal years:





































3        Fiscal Year 2000$80,500,000;
4        Fiscal Year 2001$80,500,000;
5        Fiscal Year 2002$80,500,000;
6        Fiscal Year 2003$130,500,000;
7        Fiscal Year 2004$130,500,000;
8        Fiscal Year 2005$130,500,000;

9        Fiscal Year 2006
$130,500,000;



10        Fiscal Year 2007
$130,500,000;



11        Fiscal Year 2008$130,500,000; 


12        Fiscal Year 2009 $20,000,000;


13        and each year thereafter$30,500,000.


14        Fiscal year 2010$20,000,000;


15        Fiscal year 2011


16        and each year thereafter$0.
17
    It shall not be lawful to circumvent this limitation on 
18
appropriations by
governmental reorganization or other 
19
methods.

20
    No new program may be initiated in fiscal year 1991 and

21
thereafter that is not consistent with the limitations imposed 
22
by this
Section for fiscal year 1984 and thereafter, insofar as 
23
appropriation of
Road Fund monies is concerned.

24
    Nothing in this Section prohibits transfers from the Road 
25
Fund to the
State Construction Account Fund under Section 5e of 
26
this Act; nor to the
General Revenue Fund, as authorized by 
 


 






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1
this amendatory Act of
the 93rd
General Assembly.

2
    The additional amounts authorized for expenditure in this 
3
Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91

4
shall be repaid to the Road Fund
from the General Revenue Fund 
5
in the next succeeding fiscal year that the
General Revenue 
6
Fund has a positive budgetary balance, as determined by

7
generally accepted accounting principles applicable to 
8
government.

9
    The additional amounts authorized for expenditure by the 
10
Secretary of State
and
the Department of State Police in this 
11
Section by this amendatory Act of the
94th General Assembly 
12
shall be repaid to the Road Fund from the General Revenue Fund 
13
in the
next
succeeding fiscal year that the General Revenue 
14
Fund has a positive budgetary
balance,
as determined by 
15
generally accepted accounting principles applicable to

16
government.

17
    Beginning with fiscal year 2009 and thereafter, no Road 
18
Fund moneys may be
appropriated to the Department of Central

19
Management Services, the Department of Employment
Security, 
20
the Department of Revenue, the Court of Claims, or any other 
21
State
agency (other than the Department of State Police and the 
22
Department of
Transportation and, until fiscal year 2011, the 
23
Secretary of State) for the
purposes of this Section.

24
Appropriations to those
entities for those purposes shall,

25
instead, be made from the General Revenue Fund.  It shall not be 
26
lawful to
circumvent this limitation on appropriations by 
 


 






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1
governmental reorganization or
other methods.  Nothing in this 
2
paragraph prohibits appropriations from the
Road Fund to the 
3
Department of State Police for the purposes of the
highway 
4
patrol budget only. 
5
    Beginning with fiscal year 2011 and thereafter, no Road 
6
Fund moneys may be
appropriated to the Secretary of State for 
7
the purposes of this Section.
Appropriations to the Secretary 
8
of State for those purposes shall, instead, be
made from the 
9
General Revenue Fund.  Is shall not be lawful to circumvent this

10
limitation on appropriations by governmental reorganization or 
11
other methods. 
12
(Source: P.A. 94-91, eff. 7-1-05; 94-839, eff. 6-6-06; 95-707, 
13
eff. 1-11-08.)


 
14
    Section 99. Effective date. This Act takes effect upon 
15
becoming law.