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92_HB3787 LRB9211970SMdv 1 AN ACT concerning State finance. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The State Finance Act is amended by changing 5 Section 8.3 as follows: 6 (30 ILCS 105/8.3) (from Ch. 127, par. 144.3) 7 Sec. 8.3. Money in the Road Fund shall, if and when the 8 State of Illinois incurs any bonded indebtedness for the 9 construction of permanent highways, be set aside and used for 10 the purpose of paying and discharging annually the principal 11 and interest on that bonded indebtedness then due and 12 payable, and for no other purpose. The surplus, if any, in 13 the Road Fund after the payment of principal and interest on 14 that bonded indebtedness then annually due shall be used as 15 follows: 16 first -- to pay the cost of administration of 17 Chapters 2 through 10 of the Illinois Vehicle Code, 18 except the cost of administration of Articles I and II of 19 Chapter 3 of that Code; and 20 secondly -- for expenses of the Department of 21 Transportation for construction, reconstruction, 22 improvement, repair, maintenance, operation, and 23 administration of highways in accordance with the 24 provisions of laws relating thereto, or for any purpose 25 related or incident to and connected therewith, including 26 the separation of grades of those highways with railroads 27 and with highways and including the payment of awards 28 made by the Industrial Commission under the terms of the 29 Workers' Compensation Act or Workers' Occupational 30 Diseases Act for injury or death of an employee of the 31 Division of Highways in the Department of Transportation; -2- LRB9211970SMdv 1 or for the acquisition of land and the erection of 2 buildings for highway purposes, including the acquisition 3 of highway right-of-way or for investigations to 4 determine the reasonably anticipated future highway 5 needs; or for making of surveys, plans, specifications 6 and estimates for and in the construction and maintenance 7 of flight strips and of highways necessary to provide 8 access to military and naval reservations, to defense 9 industries and defense-industry sites, and to the sources 10 of raw materials and for replacing existing highways and 11 highway connections shut off from general public use at 12 military and naval reservations and defense-industry 13 sites, or for the purchase of right-of-way, except that 14 the State shall be reimbursed in full for any expense 15 incurred in building the flight strips; or for the 16 operating and maintaining of highway garages; or for 17 patrolling and policing the public highways and 18 conserving the peace; or for any of those purposes or any 19 other purpose that may be provided by law. 20 Appropriations for any of those purposes are payable from 21 the Road Fund. Appropriations may also be made from the Road 22 Fund for the administrative expenses of any State agency that 23 are related to motor vehicles or arise from the use of motor 24 vehicles. 25 Beginning with fiscal year 1980 and thereafter, no Road 26 Fund monies shall be appropriated to the following 27 Departments or agencies of State government for 28 administration, grants, or operations; but this limitation is 29 not a restriction upon appropriating for those purposes any 30 Road Fund monies that are eligible for federal reimbursement; 31 1. Department of Public Health; 32 2. Department of Transportation, only with respect 33 to subsidies for one-half fare Student Transportation and 34 Reduced Fare for Elderly; -3- LRB9211970SMdv 1 3. Department of Central Management Services, 2 except for expenditures incurred for group insurance 3 premiums of appropriate personnel; 4 4. Judicial Systems and Agencies. 5 Beginning with fiscal year 1981 and thereafter, no Road 6 Fund monies shall be appropriated to the following 7 Departments or agencies of State government for 8 administration, grants, or operations; but this limitation is 9 not a restriction upon appropriating for those purposes any 10 Road Fund monies that are eligible for federal reimbursement: 11 1. Department of State Police, except for 12 expenditures with respect to the Division of Operations; 13 2. Department of Transportation, only with respect 14 to Intercity Rail Subsidies and Rail Freight Services. 15 Beginning with fiscal year 1982 and thereafter, no Road 16 Fund monies shall be appropriated to the following 17 Departments or agencies of State government for 18 administration, grants, or operations; but this limitation is 19 not a restriction upon appropriating for those purposes any 20 Road Fund monies that are eligible for federal reimbursement: 21 Department of Central Management Services, except for awards 22 made by the Industrial Commission under the terms of the 23 Workers' Compensation Act or Workers' Occupational Diseases 24 Act for injury or death of an employee of the Division of 25 Highways in the Department of Transportation. 26 Beginning with fiscal year 1984 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 State Police, except not more than 33 40% of the funds appropriated for the Division of 34 Operations; -4- LRB9211970SMdv 1 2. State Officers. 2 Beginning with fiscal year 1984 and thereafter, no Road 3 Fund monies shall be appropriated to any Department or agency 4 of State government for administration, grants, or operations 5 except as provided hereafter; but this limitation is not a 6 restriction upon appropriating for those purposes any Road 7 Fund monies that are eligible for federal reimbursement. It 8 shall not be lawful to circumvent the above appropriation 9 limitations by governmental reorganization or other methods. 10 Appropriations shall be made from the Road Fund only in 11 accordance with the provisions of this Section. 12 Money in the Road Fund shall, if and when the State of 13 Illinois incurs any bonded indebtedness for the construction 14 of permanent highways, be set aside and used for the purpose 15 of paying and discharging during each fiscal year the 16 principal and interest on that bonded indebtedness as it 17 becomes due and payable as provided in the Transportation 18 Bond Act, and for no other purpose. The surplus, if any, in 19 the Road Fund after the payment of principal and interest on 20 that bonded indebtedness then annually due shall be used as 21 follows: 22 first -- to pay the cost of administration of 23 Chapters 2 through 10 of the Illinois Vehicle Code; and 24 secondly -- no Road Fund monies derived from fees, 25 excises, or license taxes relating to registration, 26 operation and use of vehicles on public highways or to 27 fuels used for the propulsion of those vehicles, shall be 28 appropriated or expended other than for costs of 29 administering the laws imposing those fees, excises, and 30 license taxes, statutory refunds and adjustments allowed 31 thereunder, administrative costs of the Department of 32 Transportation, payment of debts and liabilities incurred 33 in construction and reconstruction of public highways and 34 bridges, acquisition of rights-of-way for and the cost of -5- LRB9211970SMdv 1 construction, reconstruction, maintenance, repair, and 2 operation of public highways and bridges under the 3 direction and supervision of the State, political 4 subdivision, or municipality collecting those monies, and 5 the costs for patrolling and policing the public highways 6 (by State, political subdivision, or municipality 7 collecting that money) for enforcement of traffic laws. 8 The separation of grades of such highways with railroads 9 and costs associated with protection of at-grade highway 10 and railroad crossing shall also be permissible. 11 Appropriations for any of such purposes are payable from 12 the Road Fund or the Grade Crossing Protection Fund as 13 provided in Section 8 of the Motor Fuel Tax Law. 14 Beginning with fiscal year 1991 and thereafter, no Road 15 Fund monies shall be appropriated to the Department of State 16 Police for the purposes of this Section in excess of its 17 total fiscal year 1990 Road Fund appropriations for those 18 purposes unless otherwise provided in Section 5g of this Act. 19 It shall not be lawful to circumvent this limitation on 20 appropriations by governmental reorganization or other 21 methods unless otherwise provided in Section 5g of this Act. 22 In fiscal year 1994, no Road Fund monies shall be 23 appropriated to the Secretary of State for the purposes of 24 this Section in excess of the total fiscal year 1991 Road 25 Fund appropriations to the Secretary of State for those 26 purposes, plus $9,800,000. It shall not be lawful to 27 circumvent this limitation on appropriations by governmental 28 reorganization or other method. 29 Beginning with fiscal year 1995 and thereafter, no Road 30 Fund monies shall be appropriated to the Secretary of State 31 for the purposes of this Section in excess of the total 32 fiscal year 1994 Road Fund appropriations to the Secretary of 33 State for those purposes. It shall not be lawful to 34 circumvent this limitation on appropriations by governmental -6- LRB9211970SMdv 1 reorganization or other methods. 2 Beginning with fiscal year 2000, total Road Fund 3 appropriations to the Secretary of State for the purposes of 4 this Section shall not exceed the amounts specified for the 5 following fiscal years: 6 Fiscal Year 2000 $80,500,000; 7 Fiscal Year 2001 $80,500,000; 8 Fiscal Year 2002 $80,500,000; 9 Fiscal Year 2003 $60,375,000 $80,500,000; 10 Fiscal Year 2004 $40,250,000; 11 Fiscal Year 2005 $20,125,000; 12 Fiscal Year 2006 and 13 each year thereafter $0$30,500,000. 14 It shall not be lawful to circumvent this limitation on 15 appropriations by governmental reorganization or other 16 methods. 17 No new program may be initiated in fiscal year 1991 and 18 thereafter that is not consistent with the limitations 19 imposed by this Section for fiscal year 1984 and thereafter, 20 insofar as appropriation of Road Fund monies is concerned. 21 Nothing in this Section prohibits transfers from the Road 22 Fund to the State Construction Account Fund under Section 5e 23 of this Act. 24 (Source: P.A. 91-37, eff. 7-1-99; 91-760, eff. 1-1-01.) 25 Section 99. Effective date. This Act takes effect upon 26 becoming law.