Illinois Compiled Statutes
ILCS Listing
Public
Acts Search
Guide
Disclaimer
Information maintained by the Legislative
Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process.
Recent laws may not yet be included in the ILCS database, but they are found on this site as Public
Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the
Guide.
Because the statute database is maintained primarily for legislative drafting purposes,
statutory changes are sometimes included in the statute database before they take effect.
If the source note at the end of a Section of the statutes includes a Public Act that has
not yet taken effect, the version of the law that is currently in effect may have already
been removed from the database and you should refer to that Public Act to see the changes
made to the current law.
30 ILCS 105/8.3 (30 ILCS 105/8.3) (from Ch. 127, par. 144.3) (Text of Section from P.A. 103-8) 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 to pay the costs of the Executive Ethics Commission for oversight and administration of the Chief Procurement Officer appointed under paragraph (2) of subsection (a) of Section 10-20 of the Illinois Procurement Code for transportation; 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, during fiscal year 2023, for the purposes of a grant not to exceed $8,394,800 to the Regional Transportation Authority on behalf of PACE for the purpose of ADA/Para-transit expenses; or, during fiscal year 2024, for the purposes of a grant not to exceed $9,108,400 to the Regional Transportation Authority on behalf of PACE for the purpose of ADA/Para-transit expenses; 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, except fiscal year 2023 when no more than $17,570,000 may be expended and except fiscal year 2024 when no more than $19,063,500 may be expended;
|
| 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. Illinois State Police, except for expenditures
| | with respect to the Division of Patrol Operations and Division of Criminal Investigation;
|
| 2. Department of Transportation, only with respect to
| | Intercity Rail Subsidies, except fiscal year 2023 when no more than $55,000,000 may be expended and except fiscal year 2024 when no more than $60,000,000 may be expended, 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. Illinois State Police, except not more than 40% of
| | the funds appropriated for the Division of Patrol Operations and Division of Criminal Investigation;
|
| 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, or during fiscal year 2023 for the purposes of a grant not to exceed $8,394,800 to the Regional Transportation Authority on behalf of PACE for the purpose of ADA/Para-transit expenses, or during fiscal year 2024 for the purposes of a grant not to exceed $9,108,400 to the Regional Transportation Authority on behalf of PACE for the purpose of ADA/Para-transit expenses, and the costs for patrolling and policing the public highways (by the 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 Illinois 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, 2006, and 2007 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.
For fiscal year 2008 only, no Road
Fund monies shall be appropriated to the Department of State Police for the purposes of
this Section in excess of $106,100,000. For fiscal year 2009 only, no Road Fund monies shall be appropriated to the Department of State Police for the purposes of this Section in excess of $114,700,000. Beginning in fiscal year 2010, no road fund moneys shall be appropriated to the Illinois State Police. 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:
| Fiscal Year 2000 | $80,500,000; | Fiscal Year 2001 | $80,500,000; | Fiscal Year 2002 | $80,500,000; | Fiscal Year 2003 | $130,500,000; | Fiscal Year 2004 | $130,500,000; | Fiscal Year 2005 | $130,500,000;
| Fiscal Year 2006
| $130,500,000;
| Fiscal Year 2007
| $130,500,000;
| Fiscal Year 2008 | $130,500,000; | Fiscal Year 2009 | $130,500,000. |
| For fiscal year 2010, no road fund moneys shall be appropriated to the Secretary of State.
Beginning in fiscal year 2011, moneys in the Road Fund shall be appropriated to the Secretary of State for the exclusive purpose of paying refunds due to overpayment of fees related to Chapter 3 of the Illinois Vehicle Code unless otherwise provided for by law.
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 Public Act 93-25.
The additional amounts authorized for expenditure in this Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91
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 Public Act 94-91 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.
(Source: P.A. 102-16, eff. 6-17-21; 102-538, eff. 8-20-21; 102-699, eff. 4-19-22; 102-813, eff. 5-13-22; 103-8, eff. 6-7-23.)
(Text of Section from P.A. 103-34)
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 to pay the costs of the Executive Ethics Commission for oversight and administration of the Chief Procurement Officer appointed under paragraph (2) of subsection (a) of Section 10-20 of the Illinois Procurement Code for transportation; 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, during fiscal year 2022, for the purposes of a grant not to exceed $8,394,800 to the Regional Transportation Authority on behalf of PACE for the purpose of ADA/Para-transit expenses; or, during fiscal year 2023, for the purposes of a grant not to exceed $8,394,800 to the Regional Transportation Authority on behalf of PACE for the purpose of ADA/Para-transit expenses; 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, except fiscal year 2022 when no more than $17,570,000 may be expended and except fiscal year 2023 when no more than $17,570,000 may be expended;
|
| 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. Illinois State Police, except for expenditures
| | with respect to the Division of Patrol and Division of Criminal Investigation;
|
| 2. Department of Transportation, only with respect to
| | Intercity Rail Subsidies, except fiscal year 2022 when no more than $50,000,000 may be expended and except fiscal year 2023 when no more than $55,000,000 may be expended, 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. Illinois State Police, except not more than 40% of
| | the funds appropriated for the Division of Patrol and Division of Criminal Investigation;
|
| 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, or during fiscal year 2022 for the purposes of a grant not to exceed $8,394,800 to the Regional Transportation Authority on behalf of PACE for the purpose of ADA/Para-transit expenses, or during fiscal year 2023 for the purposes of a grant not to exceed $8,394,800 to the Regional Transportation Authority on behalf of PACE for the purpose of ADA/Para-transit expenses, and the costs for patrolling and policing the public highways (by the 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 Illinois 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, 2006, and 2007 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.
For fiscal year 2008 only, no Road
Fund monies shall be appropriated to the Department of State Police for the purposes of
this Section in excess of $106,100,000. For fiscal year 2009 only, no Road Fund monies shall be appropriated to the Department of State Police for the purposes of this Section in excess of $114,700,000. Beginning in fiscal year 2010, no road fund moneys shall be appropriated to the Illinois State Police. 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:
| Fiscal Year 2000 | $80,500,000; | Fiscal Year 2001 | $80,500,000; | Fiscal Year 2002 | $80,500,000; | Fiscal Year 2003 | $130,500,000; | Fiscal Year 2004 | $130,500,000; | Fiscal Year 2005 | $130,500,000;
| Fiscal Year 2006
| $130,500,000;
| Fiscal Year 2007
| $130,500,000;
| Fiscal Year 2008 | $130,500,000; | Fiscal Year 2009 | $130,500,000. |
| For fiscal year 2010, no road fund moneys shall be appropriated to the Secretary of State.
Beginning in fiscal year 2011, moneys in the Road Fund shall be appropriated to the Secretary of State for the exclusive purpose of paying refunds due to overpayment of fees related to Chapter 3 of the Illinois Vehicle Code unless otherwise provided for by law.
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 Public Act 93-25.
The additional amounts authorized for expenditure in this Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91
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 Public Act 94-91 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.
(Source: P.A. 102-16, eff. 6-17-21; 102-538, eff. 8-20-21; 102-699, eff. 4-19-22; 102-813, eff. 5-13-22; 103-34, eff. 1-1-24.)
|
|
