98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5373

 

Introduced , by Rep. Luis Arroyo

 

SYNOPSIS AS INTRODUCED:
 
30 ILCS 105/8.3  from Ch. 127, par. 144.3

    Amends the State Finance Act. Provides that beginning with Fiscal Year 2015, all Road Fund Monies shall be appropriated to provide 50% to Department of Transportation District 1 and 50% to be divided among the remaining Department of Transportation Districts. Effective July 1, 2014.


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A BILL FOR

 

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1    AN ACT concerning finance.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Finance Act is amended by changing
5Section 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
8State of Illinois incurs any bonded indebtedness for the
9construction of permanent highways, be set aside and used for
10the purpose of paying and discharging annually the principal
11and interest on that bonded indebtedness then due and payable,
12and for no other purpose. The surplus, if any, in the Road Fund
13after the payment of principal and interest on that bonded
14indebtedness then annually due shall be used as follows:
15        first -- to pay the cost of administration of Chapters
16    2 through 10 of the Illinois Vehicle Code, except the cost
17    of administration of Articles I and II of Chapter 3 of that
18    Code; and
19        secondly -- for expenses of the Department of
20    Transportation for construction, reconstruction,
21    improvement, repair, maintenance, operation, and
22    administration of highways in accordance with the
23    provisions of laws relating thereto, or for any purpose

 

 

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1    related or incident to and connected therewith, including
2    the separation of grades of those highways with railroads
3    and with highways and including the payment of awards made
4    by the Illinois Workers' Compensation Commission under the
5    terms of the Workers' Compensation Act or Workers'
6    Occupational Diseases Act for injury or death of an
7    employee of the Division of Highways in the Department of
8    Transportation; or for the acquisition of land and the
9    erection of buildings for highway purposes, including the
10    acquisition of highway right-of-way or for investigations
11    to determine the reasonably anticipated future highway
12    needs; or for making of surveys, plans, specifications and
13    estimates for and in the construction and maintenance of
14    flight strips and of highways necessary to provide access
15    to military and naval reservations, to defense industries
16    and defense-industry sites, and to the sources of raw
17    materials and for replacing existing highways and highway
18    connections shut off from general public use at military
19    and naval reservations and defense-industry sites, or for
20    the purchase of right-of-way, except that the State shall
21    be reimbursed in full for any expense incurred in building
22    the flight strips; or for the operating and maintaining of
23    highway garages; or for patrolling and policing the public
24    highways and conserving the peace; or for the operating
25    expenses of the Department relating to the administration
26    of public transportation programs; or, during fiscal year

 

 

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1    2012 only, for the purposes of a grant not to exceed
2    $8,500,000 to the Regional Transportation Authority on
3    behalf of PACE for the purpose of ADA/Para-transit
4    expenses; or, during fiscal year 2013 only, for the
5    purposes of a grant not to exceed $3,825,000 to the
6    Regional Transportation Authority on behalf of PACE for the
7    purpose of ADA/Para-transit expenses; or, during fiscal
8    year 2014 only, for the purposes of a grant not to exceed
9    $3,825,000 to the Regional Transportation Authority on
10    behalf of PACE for the purpose of ADA/Para-transit
11    expenses; or for any of those purposes or any other purpose
12    that may be provided by law.
13    Appropriations for any of those purposes are payable from
14the Road Fund. Appropriations may also be made from the Road
15Fund for the administrative expenses of any State agency that
16are related to motor vehicles or arise from the use of motor
17vehicles.
18    Beginning with fiscal year 1980 and thereafter, no Road
19Fund monies shall be appropriated to the following Departments
20or agencies of State government for administration, grants, or
21operations; but this limitation is not a restriction upon
22appropriating for those purposes any Road Fund monies that are
23eligible for federal reimbursement;
24        1. Department of Public Health;
25        2. Department of Transportation, only with respect to
26    subsidies for one-half fare Student Transportation and

 

 

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1    Reduced Fare for Elderly, except during fiscal year 2012
2    only when no more than $40,000,000 may be expended and
3    except during fiscal year 2013 only when no more than
4    $17,570,300 may be expended and except during fiscal year
5    2014 only when no more than $17,570,000 may be expended;
6        3. Department of Central Management Services, except
7    for expenditures incurred for group insurance premiums of
8    appropriate personnel;
9        4. Judicial Systems and Agencies.
10    Beginning with fiscal year 1981 and thereafter, no Road
11Fund monies shall be appropriated to the following Departments
12or agencies of State government for administration, grants, or
13operations; but this limitation is not a restriction upon
14appropriating for those purposes any Road Fund monies that are
15eligible for federal reimbursement:
16        1. Department of State Police, except for expenditures
17    with respect to the Division of Operations;
18        2. Department of Transportation, only with respect to
19    Intercity Rail Subsidies, except during fiscal year 2012
20    only when no more than $40,000,000 may be expended and
21    except during fiscal year 2013 only when no more than
22    $26,000,000 may be expended and except during fiscal year
23    2014 only when no more than $38,000,000 may be expended,
24    and Rail Freight Services.
25    Beginning with fiscal year 1982 and thereafter, no Road
26Fund monies shall be appropriated to the following Departments

 

 

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1or agencies of State government for administration, grants, or
2operations; but this limitation is not a restriction upon
3appropriating for those purposes any Road Fund monies that are
4eligible for federal reimbursement: Department of Central
5Management Services, except for awards made by the Illinois
6Workers' Compensation Commission under the terms of the
7Workers' Compensation Act or Workers' Occupational Diseases
8Act for injury or death of an employee of the Division of
9Highways in the Department of Transportation.
10    Beginning with fiscal year 1984 and thereafter, no Road
11Fund monies shall be appropriated to the following Departments
12or agencies of State government for administration, grants, or
13operations; but this limitation is not a restriction upon
14appropriating for those purposes any Road Fund monies that are
15eligible for federal reimbursement:
16        1. Department of State Police, except not more than 40%
17    of the funds appropriated for the Division of Operations;
18        2. State Officers.
19    Beginning with fiscal year 1984 and thereafter, no Road
20Fund monies shall be appropriated to any Department or agency
21of State government for administration, grants, or operations
22except as provided hereafter; but this limitation is not a
23restriction upon appropriating for those purposes any Road Fund
24monies that are eligible for federal reimbursement. It shall
25not be lawful to circumvent the above appropriation limitations
26by governmental reorganization or other methods.

 

 

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1Appropriations shall be made from the Road Fund only in
2accordance with the provisions of this Section.
3    Money in the Road Fund shall, if and when the State of
4Illinois incurs any bonded indebtedness for the construction of
5permanent highways, be set aside and used for the purpose of
6paying and discharging during each fiscal year the principal
7and interest on that bonded indebtedness as it becomes due and
8payable as provided in the Transportation Bond Act, and for no
9other purpose. The surplus, if any, in the Road Fund after the
10payment of principal and interest on that bonded indebtedness
11then annually due shall be used as follows:
12        first -- to pay the cost of administration of Chapters
13    2 through 10 of the Illinois Vehicle Code; and
14        secondly -- no Road Fund monies derived from fees,
15    excises, or license taxes relating to registration,
16    operation and use of vehicles on public highways or to
17    fuels used for the propulsion of those vehicles, shall be
18    appropriated or expended other than for costs of
19    administering the laws imposing those fees, excises, and
20    license taxes, statutory refunds and adjustments allowed
21    thereunder, administrative costs of the Department of
22    Transportation, including, but not limited to, the
23    operating expenses of the Department relating to the
24    administration of public transportation programs, payment
25    of debts and liabilities incurred in construction and
26    reconstruction of public highways and bridges, acquisition

 

 

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1    of rights-of-way for and the cost of construction,
2    reconstruction, maintenance, repair, and operation of
3    public highways and bridges under the direction and
4    supervision of the State, political subdivision, or
5    municipality collecting those monies, or during fiscal
6    year 2012 only for the purposes of a grant not to exceed
7    $8,500,000 to the Regional Transportation Authority on
8    behalf of PACE for the purpose of ADA/Para-transit
9    expenses, or during fiscal year 2013 only for the purposes
10    of a grant not to exceed $3,825,000 to the Regional
11    Transportation Authority on behalf of PACE for the purpose
12    of ADA/Para-transit expenses, or during fiscal year 2014
13    only for the purposes of a grant not to exceed $3,825,000
14    to the Regional Transportation Authority on behalf of PACE
15    for the purpose of ADA/Para-transit expenses, and the costs
16    for patrolling and policing the public highways (by State,
17    political subdivision, or municipality collecting that
18    money) for enforcement of traffic laws. The separation of
19    grades of such highways with railroads and costs associated
20    with protection of at-grade highway and railroad crossing
21    shall also be permissible.
22    Appropriations for any of such purposes are payable from
23the Road Fund or the Grade Crossing Protection Fund as provided
24in Section 8 of the Motor Fuel Tax Law.
25    Except as provided in this paragraph, beginning with fiscal
26year 1991 and thereafter, no Road Fund monies shall be

 

 

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1appropriated to the Department of State Police for the purposes
2of this Section in excess of its total fiscal year 1990 Road
3Fund appropriations for those purposes unless otherwise
4provided in Section 5g of this Act. For fiscal years 2003,
52004, 2005, 2006, and 2007 only, no Road Fund monies shall be
6appropriated to the Department of State Police for the purposes
7of this Section in excess of $97,310,000. For fiscal year 2008
8only, no Road Fund monies shall be appropriated to the
9Department of State Police for the purposes of this Section in
10excess of $106,100,000. For fiscal year 2009 only, no Road Fund
11monies shall be appropriated to the Department of State Police
12for the purposes of this Section in excess of $114,700,000.
13Beginning in fiscal year 2010, no road fund moneys shall be
14appropriated to the Department of State Police. It shall not be
15lawful to circumvent this limitation on appropriations by
16governmental reorganization or other methods unless otherwise
17provided in Section 5g of this Act.
18    In fiscal year 1994, no Road Fund monies shall be
19appropriated to the Secretary of State for the purposes of this
20Section in excess of the total fiscal year 1991 Road Fund
21appropriations to the Secretary of State for those purposes,
22plus $9,800,000. It shall not be lawful to circumvent this
23limitation on appropriations by governmental reorganization or
24other method.
25    Beginning with fiscal year 1995 and thereafter, no Road
26Fund monies shall be appropriated to the Secretary of State for

 

 

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1the purposes of this Section in excess of the total fiscal year
21994 Road Fund appropriations to the Secretary of State for
3those purposes. It shall not be lawful to circumvent this
4limitation on appropriations by governmental reorganization or
5other methods.
6    Beginning with fiscal year 2000, total Road Fund
7appropriations to the Secretary of State for the purposes of
8this Section shall not exceed the amounts specified for the
9following fiscal years:
10    Fiscal Year 2000$80,500,000;
11    Fiscal Year 2001$80,500,000;
12    Fiscal Year 2002$80,500,000;
13    Fiscal Year 2003$130,500,000;
14    Fiscal Year 2004$130,500,000;
15    Fiscal Year 2005$130,500,000;
16    Fiscal Year 2006 $130,500,000;
17    Fiscal Year 2007 $130,500,000;
18    Fiscal Year 2008$130,500,000;
19    Fiscal Year 2009 $130,500,000.
20    For fiscal year 2010, no road fund moneys shall be
21appropriated to the Secretary of State.
22    Beginning in fiscal year 2011, moneys in the Road Fund
23shall be appropriated to the Secretary of State for the
24exclusive purpose of paying refunds due to overpayment of fees
25related to Chapter 3 of the Illinois Vehicle Code unless
26otherwise provided for by law.

 

 

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1    It shall not be lawful to circumvent this limitation on
2appropriations by governmental reorganization or other
3methods.
4    No new program may be initiated in fiscal year 1991 and
5thereafter that is not consistent with the limitations imposed
6by this Section for fiscal year 1984 and thereafter, insofar as
7appropriation of Road Fund monies is concerned.
8    Nothing in this Section prohibits transfers from the Road
9Fund to the State Construction Account Fund under Section 5e of
10this Act; nor to the General Revenue Fund, as authorized by
11this amendatory Act of the 93rd General Assembly.
12    The additional amounts authorized for expenditure in this
13Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91
14shall be repaid to the Road Fund from the General Revenue Fund
15in the next succeeding fiscal year that the General Revenue
16Fund has a positive budgetary balance, as determined by
17generally accepted accounting principles applicable to
18government.
19    The additional amounts authorized for expenditure by the
20Secretary of State and the Department of State Police in this
21Section by this amendatory Act of the 94th General Assembly
22shall be repaid to the Road Fund from the General Revenue Fund
23in the next succeeding fiscal year that the General Revenue
24Fund has a positive budgetary balance, as determined by
25generally accepted accounting principles applicable to
26government.

 

 

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1    Notwithstanding any provision of law to the contrary,
2beginning with fiscal year 2015 and thereafter, all Road Fund
3monies shall be appropriated according to the following
4formula:
5        1. 50% to Department of Transportation District 1; and
6        2. 50% to Department of Transportation Districts 2
7    through 9, to be divided among those Districts at the
8    discretion of the Secretary of Transportation.
9(Source: P.A. 97-72, eff. 7-1-11; 97-732, eff. 6-30-12; 98-24,
10eff. 6-19-13.)
 
11    Section 99. Effective date. This Act takes effect July 1,
122014.