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| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SENATE JOINT RESOLUTION
CONSTITUTIONAL AMENDMENT
SC0016 Introduced 2/14/2013, by Sen. Gary Forby SYNOPSIS AS INTRODUCED:
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| | ILCON Art. XIII, Sec. 9 new | ILCON Art. XIII, Sec. 10 new | ILCON Art. XIII, Sec. 11 new |
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Proposes to amend the General Provisions Article of the Illinois Constitution. Provides that certain taxes and fees levied for the Road Fund are private funds held in trust by the legislature, and are protected from fund sweeps. Effective upon being declared adopted.
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| 1 | | SENATE JOINT RESOLUTION
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| 2 | | CONSTITUTIONAL AMENDMENT
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| 3 | | RESOLVED, BY THE SENATE OF THE NINETY-EIGHTH GENERAL |
| 4 | | ASSEMBLY OF THE STATE OF ILLINOIS, THE HOUSE OF REPRESENTATIVES |
| 5 | | CONCURRING HEREIN, that there shall be submitted to the |
| 6 | | electors of the State for adoption or rejection at the general |
| 7 | | election next occurring at least 6 months after the adoption of |
| 8 | | this resolution a proposition to amend Article XIII of the |
| 9 | | Illinois Constitution by adding Sections 9, 10, and 11 as |
| 10 | | follows:
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| 11 | | ARTICLE XIII
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| 12 | | GENERAL PROVISIONS
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| 13 | | (ILCON Art. XIII, Sec. 9 new) |
| 14 | | SECTION 9. ROAD FUND |
| 15 | | All funds collected by the State from any taxes or fees |
| 16 | | levied or imposed for the payment of bonded indebtedness for |
| 17 | | the construction of permanent highways, and for expenses of the |
| 18 | | Department of Transportation for construction, reconstruction, |
| 19 | | improvement, repair, maintenance, operation, and |
| 20 | | administration of highways shall be deposited only into the |
| 21 | | Road Fund, its successor Fund, or with a trustee for the |
| 22 | | benefit of the Road Fund. |
| 23 | | Notwithstanding any other provision of this Constitution |
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| 1 | | to the contrary, any deposits into the Road Fund are not public |
| 2 | | monies, but are self-generated, private monies to be held in |
| 3 | | trust by the legislature in accordance with the provisions of |
| 4 | | law relating thereto. Such funds shall not be defined as State |
| 5 | | general funds or dedicated funds required for deposit in the |
| 6 | | State treasury. |
| 7 | | No bill that has the effect, directly or indirectly, of |
| 8 | | diverting money from the Road Fund by way of sweeps, |
| 9 | | administrative charges or charge backs, or any other fiscal or |
| 10 | | budgetary maneuver that would transfer any amount from this |
| 11 | | Fund into any other Fund of the State, unless specifically |
| 12 | | authorized by law prior to the effective date of this |
| 13 | | Constitutional Amendment, shall become law.
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| 14 | | (ILCON Art. XIII, Sec. 10 new) |
| 15 | | SECTION 10. STATE CONSTRUCTION ACCOUNT FUND |
| 16 | | All funds collected by the State from any taxes or fees |
| 17 | | levied or imposed for the payment of construction, |
| 18 | | reconstruction and maintenance of the State maintained highway |
| 19 | | system shall be deposited only into the State Construction |
| 20 | | Account Fund, its successor Fund, or with a trustee for the |
| 21 | | benefit of the State Construction Account Fund. |
| 22 | | Notwithstanding any other provision of this Constitution |
| 23 | | to the contrary, any deposits into the State Construction |
| 24 | | Account Fund are not public monies, but are self-generated, |
| 25 | | private monies to be held in trust by the legislature for the |
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| 1 | | payment of construction, reconstruction and maintenance of the |
| 2 | | State maintained highway system. Such funds shall not be |
| 3 | | defined as State general funds or dedicated funds required for |
| 4 | | deposit in the State treasury. |
| 5 | | No bill that has the effect, directly or indirectly, of |
| 6 | | diverting money from the State Construction Account Fund by way |
| 7 | | of sweeps, administrative charges or charge backs, or any other |
| 8 | | fiscal or budgetary maneuver that would transfer any amount |
| 9 | | from this Fund into any other Fund of the State, unless |
| 10 | | specifically authorized by law prior to the effective date of |
| 11 | | this Constitutional Amendment, shall become law.
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| 12 | | (ILCON Art. XIII, Sec. 11 new) |
| 13 | | SECTION 11. MOTOR FUEL TAX FUND |
| 14 | | All funds collected by the State from any taxes or fees |
| 15 | | levied or imposed for the payment of transfers to the State |
| 16 | | Construction Fund, the State Boating Act Fund, the Grade |
| 17 | | Crossing Protection Fund, and any amount remaining from the |
| 18 | | Motor Fuel Tax Fund to be allocated as authorized by the |
| 19 | | legislature shall be deposited only into the Motor Fuel Tax |
| 20 | | Fund, its successor Fund, or with a trustee for the benefit of |
| 21 | | the Motor Fuel Tax Fund. |
| 22 | | Notwithstanding any other provision of this Constitution |
| 23 | | to the contrary, any deposits into the Motor Fuel Tax Fund are |
| 24 | | not public monies, but are self-generated, private monies to be |
| 25 | | held in trust by the legislature. Such funds shall not be |
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| 1 | | defined as State general funds or dedicated funds required for |
| 2 | | deposit in the State treasury. |
| 3 | | No bill that has the effect, directly or indirectly, of |
| 4 | | diverting money from the Motor Fuel Tax Fund by way of sweeps, |
| 5 | | administrative charges or charge backs, or any other fiscal or |
| 6 | | budgetary maneuver that would transfer any amount from this |
| 7 | | Fund into any other Fund of the State, unless specifically |
| 8 | | authorized by law prior to the effective date of this |
| 9 | | Constitutional Amendment, shall become law.
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| 10 | | SCHEDULE
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| 11 | | This Constitutional Amendment takes effect upon being |
| 12 | | declared adopted in accordance with Section 7 of the Illinois |
| 13 | | Constitutional Amendment Act.
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