Illinois General Assembly - Full Text of HB6286
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Full Text of HB6286  99th General Assembly

HB6286ham001 99TH GENERAL ASSEMBLY

Rep. Anna Moeller

Filed: 4/4/2016

 

 


 

 


 
09900HB6286ham001LRB099 19602 MRW 46764 a

1
AMENDMENT TO HOUSE BILL 6286

2    AMENDMENT NO. ______. Amend House Bill 6286 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The State Finance Act is amended by changing
5Sections 6z-69 and 8.3 as follows:
 
6    (30 ILCS 105/6z-69)
7    Sec. 6z-69. Comprehensive Regional Planning Fund.
8    (a) As soon as possible after July 1, 2016 2007, and on
9each July 1 thereafter until July 1, 2010, the State Treasurer
10shall transfer $6,000,000 $5,000,000 from the General Revenue
11Fund to the Comprehensive Regional Planning Fund. Beginning in
122017, the amount of $6,000,000 shall annually be increased by
13the annual unadjusted percentage increase (but not less than
14zero) of the Consumer Price Index for All Urban Consumers
15published by the United States Department of Labor (United
16States city average, all items, 1982-84 = 100) as reported on

 

 

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1January 1 of that year. If for any reason the aggregate
2appropriations made available are insufficient to meet the
3total amount of transfer required by this subsection, this
4subsection shall constitute a continuing appropriation of all
5amounts necessary for these purposes. The General Assembly may
6appropriate lesser amounts by law.
7    (b) The Subject to appropriation, the Illinois Department
8of Transportation shall make lump sum distributions from the
9Comprehensive Regional Planning Fund as soon as possible after
10each July 1 to the recipients and in the amounts specified in
11subsection (c). The recipients must use the moneys for
12comprehensive regional planning purposes.
13    (c) Each year's distribution under subsection (b) shall be
14as follows: (i) 70% to the Chicago Metropolitan Agency for
15Planning (CMAP); (ii) 25% to the State's other Metropolitan
16Planning Organizations (exclusive of CMAP), each Organization
17receiving a percentage equal to the percent its area population
18represents to the total population of the areas of all the
19State's Metropolitan Planning Organizations (exclusive of
20CMAP); and (iii) 5% to the State's Rural Planning Agencies,
21each Agency receiving a percentage equal to the percent its
22area population represents to the total population of the areas
23of all the State's Rural Planning Agencies.
24    (d) (Blank). Notwithstanding any other provision of law, in
25addition to any other transfers that may be provided by law, on
26July 1, 2011, or as soon thereafter as practical, the State

 

 

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1Comptroller shall direct and the State Treasurer shall transfer
2the remaining balance from the Comprehensive Regional Planning
3Fund into the General Revenue Fund. Upon completion of the
4transfers, the Comprehensive Regional Planning Fund is
5dissolved, and any future deposits due to that Fund and any
6outstanding obligations or liabilities of that Fund pass to the
7General Revenue Fund.
8    (e) There is created the Comprehensive Regional Planning
9Fund as a special fund in the State treasury.
10(Source: P.A. 96-328, eff. 8-11-09; 97-72, eff. 7-1-11.)
 
11    (30 ILCS 105/8.3)  (from Ch. 127, par. 144.3)
12    Sec. 8.3. Money in the Road Fund shall, if and when the
13State of Illinois incurs any bonded indebtedness for the
14construction of permanent highways, be set aside and used for
15the purpose of paying and discharging annually the principal
16and interest on that bonded indebtedness then due and payable,
17and for no other purpose. The surplus, if any, in the Road Fund
18after the payment of principal and interest on that bonded
19indebtedness then annually due shall be used as follows:
20        first -- to pay the cost of administration of Chapters
21    2 through 10 of the Illinois Vehicle Code, except the cost
22    of administration of Articles I and II of Chapter 3 of that
23    Code; and
24        secondly -- for expenses of the Department of
25    Transportation for construction, reconstruction,

 

 

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1    improvement, repair, maintenance, operation, and
2    administration of highways in accordance with the
3    provisions of laws relating thereto, or for any purpose
4    related or incident to and connected therewith, including
5    the separation of grades of those highways with railroads
6    and with highways and including the payment of awards made
7    by the Illinois Workers' Compensation Commission under the
8    terms of the Workers' Compensation Act or Workers'
9    Occupational Diseases Act for injury or death of an
10    employee of the Division of Highways in the Department of
11    Transportation; or for the acquisition of land and the
12    erection of buildings for highway purposes, including the
13    acquisition of highway right-of-way or for investigations
14    to determine the reasonably anticipated future highway
15    needs; or for making of surveys, plans, specifications and
16    estimates for and in the construction and maintenance of
17    flight strips and of highways necessary to provide access
18    to military and naval reservations, to defense industries
19    and defense-industry sites, and to the sources of raw
20    materials and for replacing existing highways and highway
21    connections shut off from general public use at military
22    and naval reservations and defense-industry sites, or for
23    the purchase of right-of-way, except that the State shall
24    be reimbursed in full for any expense incurred in building
25    the flight strips; or for the operating and maintaining of
26    highway garages; or for patrolling and policing the public

 

 

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1    highways and conserving the peace; or for the operating
2    expenses of the Department relating to the administration
3    of public transportation programs; or, during fiscal year
4    2012 only, for the purposes of a grant not to exceed
5    $8,500,000 to the Regional Transportation Authority on
6    behalf of PACE for the purpose of ADA/Para-transit
7    expenses; or, during fiscal year 2013 only, for the
8    purposes of a grant not to exceed $3,825,000 to the
9    Regional Transportation Authority on behalf of PACE for the
10    purpose of ADA/Para-transit expenses; or, during fiscal
11    year 2014 only, for the purposes of a grant not to exceed
12    $3,825,000 to the Regional Transportation Authority on
13    behalf of PACE for the purpose of ADA/Para-transit
14    expenses; or, during fiscal year 2015 only, for the
15    purposes of a grant not to exceed $3,825,000 to the
16    Regional Transportation Authority on behalf of PACE for the
17    purpose of ADA/Para-transit expenses; or for any of those
18    purposes or any other purpose that may be provided by law.
19    Appropriations for any of those purposes are payable from
20the Road Fund. Appropriations may also be made from the Road
21Fund for the administrative expenses of any State agency that
22are related to motor vehicles or arise from the use of motor
23vehicles.
24    Beginning with fiscal year 1980 and thereafter, no Road
25Fund monies shall be appropriated to the following Departments
26or agencies of State government for administration, grants, or

 

 

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1operations; but this limitation is not a restriction upon
2appropriating for those purposes any Road Fund monies that are
3eligible for federal reimbursement;
4        1. Department of Public Health;
5        2. Department of Transportation, only with respect to
6    subsidies for one-half fare Student Transportation and
7    Reduced Fare for Elderly, except during fiscal year 2012
8    only when no more than $40,000,000 may be expended and
9    except during fiscal year 2013 only when no more than
10    $17,570,300 may be expended and except during fiscal year
11    2014 only when no more than $17,570,000 may be expended and
12    except during fiscal year 2015 only when no more than
13    $17,570,000 may be expended;
14        3. Department of Central Management Services, except
15    for expenditures incurred for group insurance premiums of
16    appropriate personnel;
17        4. Judicial Systems and Agencies.
18    Beginning with fiscal year 1981 and thereafter, no Road
19Fund monies shall be appropriated to the following Departments
20or agencies of State government for administration, grants, or
21operations; but this limitation is not a restriction upon
22appropriating for those purposes any Road Fund monies that are
23eligible for federal reimbursement:
24        1. Department of State Police, except for expenditures
25    with respect to the Division of Operations;
26        2. Department of Transportation, only with respect to

 

 

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1    Intercity Rail Subsidies, except during fiscal year 2012
2    only when no more than $40,000,000 may be expended and
3    except during fiscal year 2013 only when no more than
4    $26,000,000 may be expended and except during fiscal year
5    2014 only when no more than $38,000,000 may be expended and
6    except during fiscal year 2015 only when no more than
7    $42,000,000 may be expended, and Rail Freight Services.
8    Beginning with fiscal year 1982 and thereafter, no Road
9Fund monies shall be appropriated to the following Departments
10or agencies of State government for administration, grants, or
11operations; but this limitation is not a restriction upon
12appropriating for those purposes any Road Fund monies that are
13eligible for federal reimbursement: Department of Central
14Management Services, except for awards made by the Illinois
15Workers' Compensation Commission under the terms of the
16Workers' Compensation Act or Workers' Occupational Diseases
17Act for injury or death of an employee of the Division of
18Highways in the Department of Transportation.
19    Beginning with fiscal year 1984 and thereafter, no Road
20Fund monies shall be appropriated to the following Departments
21or agencies of State government for administration, grants, or
22operations; but this limitation is not a restriction upon
23appropriating for those purposes any Road Fund monies that are
24eligible for federal reimbursement:
25        1. Department of State Police, except not more than 40%
26    of the funds appropriated for the Division of Operations;

 

 

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1        2. State Officers.
2    Beginning with fiscal year 1984 and thereafter, no Road
3Fund monies shall be appropriated to any Department or agency
4of State government for administration, grants, or operations
5except as provided hereafter; but this limitation is not a
6restriction upon appropriating for those purposes any Road Fund
7monies that are eligible for federal reimbursement. It shall
8not be lawful to circumvent the above appropriation limitations
9by governmental reorganization or other methods.
10Appropriations shall be made from the Road Fund only in
11accordance with the provisions of this Section.
12    Money in the Road Fund shall, if and when the State of
13Illinois incurs any bonded indebtedness for the construction of
14permanent highways, be set aside and used for the purpose of
15paying and discharging during each fiscal year the principal
16and interest on that bonded indebtedness as it becomes due and
17payable as provided in the Transportation Bond Act, and for no
18other purpose. The surplus, if any, in the Road Fund after the
19payment of principal and interest on that bonded indebtedness
20then annually due shall be used as follows:
21        first -- to pay the cost of administration of Chapters
22    2 through 10 of the Illinois Vehicle Code; and
23        secondly -- no Road Fund monies derived from fees,
24    excises, or license taxes relating to registration,
25    operation and use of vehicles on public highways or to
26    fuels used for the propulsion of those vehicles, shall be

 

 

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1    appropriated or expended other than for costs of
2    administering the laws imposing those fees, excises, and
3    license taxes, statutory refunds and adjustments allowed
4    thereunder, administrative costs of the Department of
5    Transportation, including, but not limited to, the
6    operating expenses of the Department relating to the
7    administration of public transportation programs, payment
8    of debts and liabilities incurred in construction and
9    reconstruction of public highways and bridges, acquisition
10    of rights-of-way for and the cost of construction,
11    reconstruction, maintenance, repair, and operation of
12    public highways and bridges under the direction and
13    supervision of the State, political subdivision, or
14    municipality collecting those monies, or during fiscal
15    year 2012 only for the purposes of a grant not to exceed
16    $8,500,000 to the Regional Transportation Authority on
17    behalf of PACE for the purpose of ADA/Para-transit
18    expenses, or during fiscal year 2013 only for the purposes
19    of a grant not to exceed $3,825,000 to the Regional
20    Transportation Authority on behalf of PACE for the purpose
21    of ADA/Para-transit expenses, or during fiscal year 2014
22    only for the purposes of a grant not to exceed $3,825,000
23    to the Regional Transportation Authority on behalf of PACE
24    for the purpose of ADA/Para-transit expenses, or during
25    fiscal year 2015 only for the purposes of a grant not to
26    exceed $3,825,000 to the Regional Transportation Authority

 

 

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1    on behalf of PACE for the purpose of ADA/Para-transit
2    expenses, and the costs for patrolling and policing the
3    public highways (by State, political subdivision, or
4    municipality collecting that money) for enforcement of
5    traffic laws. The separation of grades of such highways
6    with railroads and costs associated with protection of
7    at-grade highway and railroad crossing shall also be
8    permissible.
9    Appropriations for any of such purposes are payable from
10the Road Fund or the Grade Crossing Protection Fund as provided
11in Section 8 of the Motor Fuel Tax Law.
12    Except as provided in this paragraph, beginning with fiscal
13year 1991 and thereafter, no Road Fund monies shall be
14appropriated to the Department of State Police for the purposes
15of this Section in excess of its total fiscal year 1990 Road
16Fund appropriations for those purposes unless otherwise
17provided in Section 5g of this Act. For fiscal years 2003,
182004, 2005, 2006, and 2007 only, no Road Fund monies shall be
19appropriated to the Department of State Police for the purposes
20of this Section in excess of $97,310,000. For fiscal year 2008
21only, no Road Fund monies shall be appropriated to the
22Department of State Police for the purposes of this Section in
23excess of $106,100,000. For fiscal year 2009 only, no Road Fund
24monies shall be appropriated to the Department of State Police
25for the purposes of this Section in excess of $114,700,000.
26Beginning in fiscal year 2010, no road fund moneys shall be

 

 

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1appropriated to the Department of State Police. It shall not be
2lawful to circumvent this limitation on appropriations by
3governmental reorganization or other methods unless otherwise
4provided in Section 5g of this Act.
5    In fiscal year 1994, no Road Fund monies shall be
6appropriated to the Secretary of State for the purposes of this
7Section in excess of the total fiscal year 1991 Road Fund
8appropriations to the Secretary of State for those purposes,
9plus $9,800,000. It shall not be lawful to circumvent this
10limitation on appropriations by governmental reorganization or
11other method.
12    Beginning with fiscal year 1995 and thereafter, no Road
13Fund monies shall be appropriated to the Secretary of State for
14the purposes of this Section in excess of the total fiscal year
151994 Road Fund appropriations to the Secretary of State for
16those purposes. It shall not be lawful to circumvent this
17limitation on appropriations by governmental reorganization or
18other methods.
19    Beginning with fiscal year 2000, total Road Fund
20appropriations to the Secretary of State for the purposes of
21this Section shall not exceed the amounts specified for the
22following fiscal years:
23    Fiscal Year 2000$80,500,000;
24    Fiscal Year 2001$80,500,000;
25    Fiscal Year 2002$80,500,000;
26    Fiscal Year 2003$130,500,000;

 

 

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1    Fiscal Year 2004$130,500,000;
2    Fiscal Year 2005$130,500,000;
3    Fiscal Year 2006 $130,500,000;
4    Fiscal Year 2007 $130,500,000;
5    Fiscal Year 2008$130,500,000;
6    Fiscal Year 2009 $130,500,000.
7    For fiscal year 2010, no road fund moneys shall be
8appropriated to the Secretary of State.
9    Beginning in fiscal year 2011, moneys in the Road Fund
10shall be appropriated to the Secretary of State for the
11exclusive purpose of paying refunds due to overpayment of fees
12related to Chapter 3 of the Illinois Vehicle Code unless
13otherwise provided for by law.
14    Notwithstanding any other provision of law to the contrary,
15beginning in fiscal year 2017 and thereafter, money in the Road
16Fund shall be appropriated to the Department of Transportation
17on a continuing annual basis in each fiscal year in the amounts
18made available by the United States Department of
19Transportation Federal Highway Administration and Federal
20Transit Administration under apportionment notice, federal
21appropriation, and authorization legislation, as provided
22under the federal Fixing America's Surface Transportation Act
23and any other federal transportation authorizations to be
24distributed to the Chicago Metropolitan Agency for Planning and
25the State's other Metropolitan Planning Organizations for
26metropolitan planning activities as provided by the United

 

 

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1States Department of Transportation under the authority of 23
2U.S.C. 134 and 23 U.S.C. 135.
3    It shall not be lawful to circumvent this limitation on
4appropriations by governmental reorganization or other
5methods.
6    No new program may be initiated in fiscal year 1991 and
7thereafter that is not consistent with the limitations imposed
8by this Section for fiscal year 1984 and thereafter, insofar as
9appropriation of Road Fund monies is concerned.
10    Nothing in this Section prohibits transfers from the Road
11Fund to the State Construction Account Fund under Section 5e of
12this Act; nor to the General Revenue Fund, as authorized by
13this amendatory Act of the 93rd General Assembly.
14    The additional amounts authorized for expenditure in this
15Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91
16shall be repaid to the Road Fund from the General Revenue Fund
17in the next succeeding fiscal year that the General Revenue
18Fund has a positive budgetary balance, as determined by
19generally accepted accounting principles applicable to
20government.
21    The additional amounts authorized for expenditure by the
22Secretary of State and the Department of State Police in this
23Section by this amendatory Act of the 94th General Assembly
24shall be repaid to the Road Fund from the General Revenue Fund
25in the next succeeding fiscal year that the General Revenue
26Fund has a positive budgetary balance, as determined by

 

 

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1generally accepted accounting principles applicable to
2government.
3(Source: P.A. 97-72, eff. 7-1-11; 97-732, eff. 6-30-12; 98-24,
4eff. 6-19-13; 98-674, eff. 6-30-14.)
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.".