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90_HB0136 605 ILCS 10/23 from Ch. 121, par. 100-23 605 ILCS 10/24 from Ch. 121, par. 100-24 Amends the Toll Highway Act to require the Toll Highway Authority to make an annual budget request to the General Assembly, and provides that the Authority may make no expenditures from the State Toll Highway Authority Fund until the General Assembly makes appropriations from the Fund to the Authority. LRB9001068NTsb LRB9001068NTsb 1 AN ACT to amend the Toll Highway Act by changing Sections 2 23 and 24. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Toll Highway Act is amended by changing 6 Sections 23 and 24 as follows: 7 (605 ILCS 10/23) (from Ch. 121, par. 100-23) 8 Sec. 23. Plans; budgets, audits. The Authority shall file 9 with the Governor, the Clerk of the House of Representatives, 10 the Secretary of the Senate, and the Illinois Economic and 11 Fiscal Commission, on or prior to March 15th of each year, a 12 written statement and report covering its activities for the 13 preceding calendar year. The Authority shall prepare an 14 annual capital plan which identifies capital projects by 15 location and details the project costs in correct dollar 16 amounts. The Authority shall also prepare and file a 17 ten-year capital plan that includes a listing of all capital 18 improvement projects contemplated during the ensuing ten-year 19 period. The first ten-year capital plan shall be filed in 20 1991 and thereafter on the anniversary of each ten-year 21 period. 22 Prior to the beginning of a fiscal year, the Authority 23 shall submit a comprehensive budget request for that fiscal 24 year to the General Assembly. 25 It shall also be the duty of the Auditor General of the 26 State of Illinois, annually to audit or cause to be audited 27 the books and records of the Authority and to file a 28 certified copy of the report of such audit with the Governor 29 and with the Legislative Audit Commission, which audit 30 reports, when so filed, shall be open to the public for 31 inspection. -2- LRB9001068NTsb 1 (Source: P.A. 86-1164.) 2 (605 ILCS 10/24) (from Ch. 121, par. 100-24) 3 Sec. 24. State Toll Highway Authority Fund. Except as 4 otherwise provided in any bond resolution, the proceeds 5 derived from the sale of bonds, and all receipts and income 6 derived from tolls, licenses, gifts, donations, concessions, 7 fees, rentals, and all other revenues from whatever source 8 derived, shall, within three days after receipt thereof, be 9 paid to the Treasurer of the State of Illinois, and held by 10 him as a special fund known as the Illinois State Toll 11 Highway Authority Fund, except that the Authority may retain 12 portions of the Illinois State Toll Highway Authority Fund as 13 a locally maintained construction fund revolving account and 14 as a revenue fund revolving account, where authorized by a 15 bond resolution, and as locally maintained change funds, 16 where necessary for the operations of the Authority. The 17 State Treasurer shall be ex officio custodian of such special 18 fund, which fund shall be held, invested and disbursed for 19 the purposes provided herein upon the order of the Authority 20 and in accordance with provisions and covenants of any bond 21 resolution authorizing the issuance of bonds which have not 22 been paid or deemed paid. The interest accruing on said 23 special fund shall be computed and added to the principal 24 thereof every six months. In addition to the special audits 25 prescribed by this Act, the said fund shall also be subject 26 to audit in the same manner as is now, or may hereinafter be, 27 provided for the audit of State funds and accounts. The said 28 special fund shall be protected by a corporate surety bond, 29 executed by the Treasurer, with a surety authorized to do 30 business under the laws of the State of Illinois. The amount 31 of said bond shall be fixed by resolution of the Authority, 32 approved by the Governor, and may be increased or diminished 33 at any time. The premiums on said bond shall be payable from -3- LRB9001068NTsb 1 the funds of the Authority. The bond shall be subject to the 2 approval of the Governor and Attorney General of the State of 3 Illinois, and, when so approved, shall be filed in the office 4 of the Secretary of State. The Authority may make no 5 expenditures from the State Toll Highway Authority Fund, 6 except expenditures for the payment of principal and accrued 7 interest on bonds issued by the Authority as they become due, 8 until the General Assembly makes appropriations from the Fund 9 to the Authority. Moneys in the FundSaid special fund shall10be considered always appropriated for the purposes of11disbursements, as provided in this Act, andshall be paid out 12 and disbursed only as provided herein, and shall not, at any 13 time be appropriated or diverted to any other use or purpose. 14 (Source: P.A. 83-1258.)