State of Illinois
92nd General Assembly
Legislation

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[ Engrossed ][ House Amendment 001 ]


92_HB0305

 
                                              LRB9201098MWpkA

 1        AN ACT to amend the State Finance Act by changing Section
 2    8-3.

 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:

 5        Section  5.  The State Finance Act is amended by changing
 6    Section 8.3 as 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
13    payable,  and  for no other purpose.  The surplus, if any, in
14    the Road Fund after the payment of principal and interest  on
15    that  bonded  indebtedness then annually due shall be used as
16    follows:
17             first --  to  pay  the  cost  of  administration  of
18        Chapters  2  through  10  of  the  Illinois Vehicle Code,
19        except the cost of administration of Articles I and II of
20        Chapter 3 of that Code; and
21             secondly  --  for  expenses  of  the  Department  of
22        Transportation    for    construction,    reconstruction,
23        improvement,   repair,   maintenance,   operation,    and
24        administration   of   highways  in  accordance  with  the
25        provisions of laws relating thereto, or for  any  purpose
26        related or incident to and connected therewith, including
27        the separation of grades of those highways with railroads
28        and  with  highways  and  including the payment of awards
29        made by the Industrial Commission under the terms of  the
30        Workers'   Compensation   Act  or  Workers'  Occupational
31        Diseases Act for injury or death of an  employee  of  the
 
                            -2-               LRB9201098MWpkA
 1        Division of Highways in the Department of Transportation;
 2        or  for  the  acquisition  of  land  and  the erection of
 3        buildings for highway purposes, including the acquisition
 4        of  highway  right-of-way  or   for   investigations   to
 5        determine   the  reasonably  anticipated  future  highway
 6        needs; or for making of  surveys,  plans,  specifications
 7        and estimates for and in the construction and maintenance
 8        of  flight  strips  and  of highways necessary to provide
 9        access to military and  naval  reservations,  to  defense
10        industries and defense-industry sites, and to the sources
11        of  raw materials and for replacing existing highways and
12        highway connections shut off from general public  use  at
13        military  and  naval  reservations  and  defense-industry
14        sites,  or  for the purchase of right-of-way, except that
15        the State shall be reimbursed in  full  for  any  expense
16        incurred  in  building  the  flight  strips;  or  for the
17        operating and maintaining  of  highway  garages;  or  for
18        patrolling   and   policing   the   public  highways  and
19        conserving the peace; or for any of those purposes or any
20        other purpose that may be provided by law.
21        Appropriations for any of those purposes are payable from
22    the Road Fund.  Appropriations may also be made from the Road
23    Fund for the administrative expenses of any State agency that
24    are related to motor vehicles or arise from the use of  motor
25    vehicles.
26        Beginning  with  fiscal year 1980 and thereafter, no Road
27    Fund  monies  shall  be   appropriated   to   the   following
28    Departments    or    agencies   of   State   government   for
29    administration, grants, or operations; but this limitation is
30    not a restriction upon appropriating for those  purposes  any
31    Road Fund monies that are eligible for federal reimbursement;
32             1.  Department of Public Health;
33             2.  Department  of Transportation, only with respect
34        to subsidies for one-half fare Student Transportation and
 
                            -3-               LRB9201098MWpkA
 1        Reduced Fare for Elderly;
 2             3.  Department  of  Central   Management   Services,
 3        except  for  expenditures  incurred  for  group insurance
 4        premiums of appropriate personnel;
 5             4.  Judicial Systems and Agencies.
 6        Beginning with fiscal year 1981 and thereafter,  no  Road
 7    Fund   monies   shall   be   appropriated  to  the  following
 8    Departments   or   agencies   of   State    government    for
 9    administration, grants, or operations; but this limitation is
10    not  a  restriction upon appropriating for those purposes any
11    Road Fund monies that are eligible for federal reimbursement:
12             1.  Department   of   State   Police,   except   for
13        expenditures with respect to the Division of Operations;
14             2.  Department of Transportation, only with  respect
15        to Intercity Rail Subsidies and Rail Freight Services.
16        Beginning  with  fiscal year 1982 and thereafter, no Road
17    Fund  monies  shall  be   appropriated   to   the   following
18    Departments    or    agencies   of   State   government   for
19    administration, grants, or operations; but this limitation is
20    not a restriction upon appropriating for those  purposes  any
21    Road Fund monies that are eligible for federal reimbursement:
22    Department  of Central Management Services, except for awards
23    made by the Industrial Commission  under  the  terms  of  the
24    Workers'  Compensation  Act or Workers' Occupational Diseases
25    Act for injury or death of an employee  of  the  Division  of
26    Highways in the Department of Transportation.
27        Beginning  with  fiscal year 1984 and thereafter, no Road
28    Fund  monies  shall  be   appropriated   to   the   following
29    Departments    or    agencies   of   State   government   for
30    administration, grants, or operations; but this limitation is
31    not a restriction upon appropriating for those  purposes  any
32    Road Fund monies that are eligible for federal reimbursement:
33             1.  Department of State Police, except not more than
34        40%  of  the  funds  appropriated  for  the  Division  of
 
                            -4-               LRB9201098MWpkA
 1        Operations;
 2             2.  State Officers.
 3        Beginning  with  fiscal year 1984 and thereafter, no Road
 4    Fund monies shall be appropriated to any Department or agency
 5    of State government for administration, grants, or operations
 6    except as provided hereafter; but this limitation  is  not  a
 7    restriction  upon  appropriating  for those purposes any Road
 8    Fund monies that are eligible for federal reimbursement.   It
 9    shall  not  be  lawful  to circumvent the above appropriation
10    limitations by governmental reorganization or other  methods.
11    Appropriations  shall  be  made  from  the  Road Fund only in
12    accordance with the provisions of this Section.
13        Money in the Road Fund shall, if and when  the  State  of
14    Illinois  incurs any bonded indebtedness for the construction
15    of permanent highways, be set aside and used for the  purpose
16    of  paying   and  discharging  during  each  fiscal  year the
17    principal and interest on  that  bonded  indebtedness  as  it
18    becomes  due  and  payable  as provided in the Transportation
19    Bond Act, and for no other purpose.  The surplus, if any,  in
20    the  Road Fund after the payment of principal and interest on
21    that bonded indebtedness then annually due shall be  used  as
22    follows:
23             first  --  to  pay  the  cost  of  administration of
24        Chapters 2 through 10 of the Illinois Vehicle Code; and
25             secondly -- no Road Fund monies derived  from  fees,
26        excises,  or  license  taxes  relating  to  registration,
27        operation  and  use  of vehicles on public highways or to
28        fuels used for the propulsion of those vehicles, shall be
29        appropriated  or  expended  other  than  for   costs   of
30        administering  the laws imposing those fees, excises, and
31        license taxes, statutory refunds and adjustments  allowed
32        thereunder,  administrative  costs  of  the Department of
33        Transportation, payment of debts and liabilities incurred
34        in construction and reconstruction of public highways and
 
                            -5-               LRB9201098MWpkA
 1        bridges, acquisition of rights-of-way for and the cost of
 2        construction, reconstruction,  maintenance,  repair,  and
 3        operation  of  public  highways  and  bridges  under  the
 4        direction   and   supervision  of  the  State,  political
 5        subdivision, or municipality collecting those monies, and
 6        the costs for patrolling and policing the public highways
 7        (by  State,  political   subdivision,   or   municipality
 8        collecting  that  money) for enforcement of traffic laws.
 9        The separation of grades of such highways with  railroads
10        and  costs associated with protection of at-grade highway
11        and railroad crossing shall also be permissible.
12        Appropriations for any of such purposes are payable  from
13    the  Road  Fund  or  the  Grade  Crossing  Protection Fund as
14    provided in Section 8 of the Motor Fuel Tax Law.
15        Beginning with fiscal year 1991 and thereafter,  no  Road
16    Fund  monies shall be appropriated to the Department of State
17    Police for the purposes of this  Section  in  excess  of  its
18    total  fiscal  year  1990  Road Fund appropriations for those
19    purposes unless otherwise provided in Section 5g of this Act.
20    It shall not be  lawful  to  circumvent  this  limitation  on
21    appropriations   by   governmental  reorganization  or  other
22    methods unless otherwise provided in Section 5g of this Act.
23        In fiscal  year  1994,  no  Road  Fund  monies  shall  be
24    appropriated  to  the  Secretary of State for the purposes of
25    this Section in excess of the total  fiscal  year  1991  Road
26    Fund  appropriations  to  the  Secretary  of  State for those
27    purposes,  plus  $9,800,000.   It  shall  not  be  lawful  to
28    circumvent this limitation on appropriations by  governmental
29    reorganization or other method.
30        Beginning  with  fiscal year 1995 and thereafter, no Road
31    Fund monies shall be appropriated to the Secretary  of  State
32    for  the  purposes  of  this  Section  in excess of the total
33    fiscal year 1994 Road Fund appropriations to the Secretary of
34    State  for  those  purposes.  It  shall  not  be  lawful   to
 
                            -6-               LRB9201098MWpkA
 1    circumvent  this limitation on appropriations by governmental
 2    reorganization or other methods.
 3        Beginning  with  fiscal  year  2000,  total   Road   Fund
 4    appropriations  to the Secretary of State for the purposes of
 5    this Section shall not exceed the amounts specified  for  the
 6    following fiscal years:
 7             Fiscal Year 2000                        $80,500,000;
 8             Fiscal Year 2001                        $80,500,000;
 9             Fiscal Year 2002                        $80,500,000;
10             Fiscal Year 2003           $64,400,000  $80,500,000;
11             Fiscal Year 2004           $48,300,000
12             Fiscal Year 2005           $32,200,000
13             Fiscal Year 2006           $16,100,000
14             Fiscal Year 2007 and
15               each year thereafter              $0  $30,500,000.
16        It  shall  not be lawful to circumvent this limitation on
17    appropriations  by  governmental  reorganization   or   other
18    methods.
19        No  new  program may be initiated in fiscal year 1991 and
20    thereafter  that  is  not  consistent  with  the  limitations
21    imposed by this Section for fiscal year 1984 and  thereafter,
22    insofar as appropriation of Road Fund monies is concerned.
23        Nothing in this Section prohibits transfers from the Road
24    Fund  to the State Construction Account Fund under Section 5e
25    of this Act.
26        Beginning with fiscal year 2003 and thereafter,  no  Road
27    Fund  moneys may be appropriated to the Department of Central
28    Management Services, the Department of  Employment  Security,
29    the  Department of Revenue, the Court of Claims, or any other
30    State agency (other than the Department of State  Police  and
31    the Department of Transportation and, until fiscal year 2007,
32    the  Secretary  of  State)  for the purposes of this Section.
33    Appropriations to those entities for  those  purposes  shall,
34    instead, be made from the General Revenue Fund.  It shall not
 
                            -7-               LRB9201098MWpkA
 1    be  lawful to circumvent this limitation on appropriations by
 2    governmental reorganization or  other  methods.   Nothing  in
 3    this paragraph prohibits appropriations from the Road Fund to
 4    the  Department  of  State  Police  for  the  purposes of the
 5    highway patrol budget only.
 6        Beginning with fiscal year 2007 and thereafter,  no  Road
 7    Fund moneys may be appropriated to the Secretary of State for
 8    the   purposes  of  this  Section.    Appropriations  to  the
 9    Secretary of State for those purposes shall, instead, be made
10    from the General Revenue Fund.  Is shall  not  be  lawful  to
11    circumvent  this limitation on appropriations by governmental
12    reorganization or other methods.
13    (Source: P.A. 91-37, eff. 7-1-99; 91-760, eff. 1-1-01.)

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