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| [ Introduced ] | [ House Amendment 001 ] |
92_HB0305eng HB0305 Engrossed 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 HB0305 Engrossed -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 HB0305 Engrossed -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 HB0305 Engrossed -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 HB0305 Engrossed -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 HB0305 Engrossed -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 $80,500,000; 11 Fiscal Year 2004 $64,400,000; 12 Fiscal Year 2005 $48,300,000; 13 Fiscal Year 2006 $32,200,000; 14 Fiscal Year 2007 $16,100,000; 15 Fiscal Year 2008; and 16 each year thereafter $0$30,500,000. 17 It shall not be lawful to circumvent this limitation on 18 appropriations by governmental reorganization or other 19 methods. 20 No new program may be initiated in fiscal year 1991 and 21 thereafter that is not consistent with the limitations 22 imposed by this Section for fiscal year 1984 and thereafter, 23 insofar as appropriation of Road Fund monies is concerned. 24 Nothing in this Section prohibits transfers from the Road 25 Fund to the State Construction Account Fund under Section 5e 26 of this Act. 27 Beginning with fiscal year 2004 and thereafter, no Road 28 Fund moneys may be appropriated to the Department of Central 29 Management Services, the Department of Employment Security, 30 the Department of Revenue, the Court of Claims, or any other 31 State agency (other than the Department of State Police and 32 the Department of Transportation and, until fiscal year 2008, 33 the Secretary of State) for the purposes of this Section. 34 Appropriations to those entities for those purposes shall, HB0305 Engrossed -7- LRB9201098MWpkA 1 instead, be made from the General Revenue Fund. It shall not 2 be lawful to circumvent this limitation on appropriations by 3 governmental reorganization or other methods. Nothing in 4 this paragraph prohibits appropriations from the Road Fund to 5 the Department of State Police for the purposes of the 6 highway patrol budget only. 7 Beginning with fiscal year 2008 and thereafter, no Road 8 Fund moneys may be appropriated to the Secretary of State for 9 the purposes of this Section. Appropriations to the 10 Secretary of State for those purposes shall, instead, be made 11 from the General Revenue Fund. Is shall not be lawful to 12 circumvent this limitation on appropriations by governmental 13 reorganization or other methods. 14 (Source: P.A. 91-37, eff. 7-1-99; 91-760, eff. 1-1-01.)