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1
    AN ACT concerning 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
Sections 8.3 and 8h 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 payable, 
12
and for no other purpose.  The
surplus, if any, in the Road Fund 
13
after the payment of principal and
interest on that bonded 
14
indebtedness 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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    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 for any of
those 
 


 






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1
    purposes or any other purpose that may be provided by law.

2
    Appropriations for any of those purposes are payable from 
3
the Road
Fund.  Appropriations may also be made from the Road 
4
Fund for the
administrative expenses of any State agency that 
5
are related to motor
vehicles or arise from the use of motor 
6
vehicles.

7
    Beginning with fiscal year 1980 and thereafter, no Road 
8
Fund monies
shall be appropriated to the following Departments 
9
or agencies of State
government for administration, grants, or 
10
operations; but this
limitation is not a restriction upon 
11
appropriating for those purposes any
Road Fund monies that are 
12
eligible for federal reimbursement;


13
        1. Department of Public Health;


14
        2. Department of Transportation, only with respect to 
15
    subsidies for
one-half fare Student Transportation and 
16
    Reduced Fare for Elderly;


17
        3. Department of Central Management
Services, except 
18
    for expenditures
incurred for group insurance premiums of 
19
    appropriate personnel;


20
        4. Judicial Systems and Agencies.

21
    Beginning with fiscal year 1981 and thereafter, no Road 
22
Fund monies
shall be appropriated to the following Departments 
23
or agencies of State
government for administration, grants, or 
24
operations; but this
limitation is not a restriction upon 
25
appropriating for those purposes any
Road Fund monies that are 
26
eligible for federal reimbursement:


 


 






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        1. Department of State Police, except for expenditures 
2
    with
respect to the Division of Operations;


3
        2. Department of Transportation, only with respect to 
4
    Intercity Rail
Subsidies and Rail Freight Services.

5
    Beginning with fiscal year 1982 and thereafter, no Road 
6
Fund monies
shall be appropriated to the following Departments 
7
or agencies of State
government for administration, grants, or 
8
operations; but this
limitation is not a restriction upon 
9
appropriating for those purposes any
Road Fund monies that are 
10
eligible for federal reimbursement:  Department
of Central 
11
Management Services, except for awards made by
the Illinois 
12
Workers' Compensation  Commission under the terms of the 
13
Workers' Compensation Act
or Workers' Occupational Diseases 
14
Act for injury or death of an employee of
the Division of 
15
Highways in the Department of Transportation.

16
    Beginning with fiscal year 1984 and thereafter, no Road 
17
Fund monies
shall be appropriated to the following Departments 
18
or agencies of State
government for administration, grants, or 
19
operations; but this
limitation is not a restriction upon 
20
appropriating for those purposes any
Road Fund monies that are 
21
eligible for federal reimbursement:


22
        1. Department of State Police, except not more than 40% 
23
    of the
funds appropriated for the Division of Operations;


24
        2. State Officers.

25
    Beginning with fiscal year 1984 and thereafter, no Road 
26
Fund monies
shall be appropriated to any Department or agency 
 


 






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of State government
for administration, grants, or operations 
2
except as provided hereafter;
but this limitation is not a 
3
restriction upon appropriating for those
purposes any Road Fund 
4
monies that are eligible for federal
reimbursement.  It shall 
5
not be lawful to circumvent the above
appropriation limitations 
6
by governmental reorganization or other
methods.  
7
Appropriations shall be made from the Road Fund only in

8
accordance with the provisions of this Section.

9
    Money in the Road Fund shall, if and when the State of 
10
Illinois
incurs any bonded indebtedness for the construction of 
11
permanent
highways, be set aside and used for the purpose of 
12
paying  and
discharging during each fiscal year the principal 
13
and interest on that
bonded indebtedness as it becomes due and 
14
payable as provided in the
Transportation Bond Act, and for no 
15
other
purpose.  The surplus, if any, in the Road Fund after the 
16
payment of
principal and interest on that bonded indebtedness 
17
then annually due
shall be used as follows:


18
        first -- to pay the cost of administration of Chapters 
19
    2 through 10
of the Illinois Vehicle Code; and


20
        secondly -- no Road Fund monies derived from fees, 
21
    excises, or
license taxes relating to registration, 
22
    operation and use of vehicles on
public highways or to 
23
    fuels used for the propulsion of those vehicles,
shall be 
24
    appropriated or expended other than for costs of 
25
    administering
the laws imposing those fees, excises, and 
26
    license taxes, statutory
refunds and adjustments allowed 
 


 






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    thereunder, administrative costs of the
Department of 
2
    Transportation, including, but not limited to, the 
3
    operating expenses of the Department relating to the 
4
    administration of public transportation programs, payment 
5
    of debts and liabilities incurred
in construction and 
6
    reconstruction of public highways and bridges,
acquisition 
7
    of rights-of-way for and the cost of construction,

8
    reconstruction, maintenance, repair, and operation of 
9
    public highways and
bridges under the direction and 
10
    supervision of the State, political
subdivision, or 
11
    municipality collecting those monies, and the costs for

12
    patrolling and policing the public highways (by State, 
13
    political
subdivision, or municipality collecting that 
14
    money) for enforcement of
traffic laws.  The separation of 
15
    grades of such highways with railroads
and costs associated 
16
    with protection of at-grade highway and railroad
crossing 
17
    shall also be permissible.

18
    Appropriations for any of such purposes are payable from 
19
the Road
Fund or the Grade Crossing Protection Fund as provided 
20
in Section 8 of
the Motor Fuel Tax Law.

21
    Except as provided in this paragraph, beginning with fiscal 
22
year 1991 and
thereafter, no Road Fund monies
shall be 
23
appropriated to the Department of State Police for the purposes 
24
of
this Section in excess of its total fiscal year 1990 Road 
25
Fund
appropriations for those purposes unless otherwise 
26
provided in Section 5g of
this Act.
For fiscal years 2003,


 


 






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2004, 2005, 2006, and 2007 only, no Road Fund monies shall
be 
2
appropriated to the
Department of State Police for the purposes 
3
of this Section in excess of
$97,310,000.
 It shall not be 
4
lawful to circumvent this limitation on
appropriations by 
5
governmental reorganization or other methods unless
otherwise 
6
provided in Section 5g of this Act.

7
    In fiscal year 1994, no Road Fund monies shall be 
8
appropriated
to the
Secretary of State for the purposes of this 
9
Section in excess of the total
fiscal year 1991 Road Fund 
10
appropriations to the Secretary of State for
those purposes, 
11
plus $9,800,000.  It
shall not be
lawful to circumvent
this 
12
limitation on appropriations by governmental reorganization or 
13
other
method.

14
    Beginning with fiscal year 1995 and thereafter, no Road 
15
Fund
monies
shall be appropriated to the Secretary of State for 
16
the purposes of this
Section in excess of the total fiscal year 
17
1994 Road Fund
appropriations to
the Secretary of State for 
18
those purposes. It shall not be lawful to
circumvent this 
19
limitation on appropriations by governmental reorganization
or 
20
other methods.

21
    Beginning with fiscal year 2000, total Road Fund 
22
appropriations to the
Secretary of State for the purposes of 
23
this Section shall not exceed the
amounts specified for the 
24
following fiscal years:
















25        Fiscal Year 2000$80,500,000;
26        Fiscal Year 2001$80,500,000;


 


 






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1        Fiscal Year 2002$80,500,000;
2        Fiscal Year 2003$130,500,000;
3        Fiscal Year 2004$130,500,000;
4        Fiscal Year 2005$130,500,000;

5        Fiscal Year 2006
$130,500,000;



6        Fiscal Year 2007
$130,500,000;



7        Fiscal Year 2008 and


8        each year thereafter
$30,500,000.
9
    It shall not be lawful to circumvent this limitation on 
10
appropriations by
governmental reorganization or other 
11
methods.

12
    No new program may be initiated in fiscal year 1991 and

13
thereafter that is not consistent with the limitations imposed 
14
by this
Section for fiscal year 1984 and thereafter, insofar as 
15
appropriation of
Road Fund monies is concerned.

16
    Nothing in this Section prohibits transfers from the Road 
17
Fund to the
State Construction Account Fund under Section 5e of 
18
this Act; nor to the
General Revenue Fund, as authorized by 
19
this amendatory Act of
the 93rd
General Assembly.

20
    The additional amounts authorized for expenditure in this 
21
Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91

22
shall be repaid to the Road Fund
from the General Revenue Fund 
23
in the next succeeding fiscal year that the
General Revenue 
24
Fund has a positive budgetary balance, as determined by

25
generally accepted accounting principles applicable to 
26
government.

 


 






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1
    Beginning with fiscal year 2008 and thereafter, no Road 
2
Fund moneys may be
appropriated to the Department of Central

3
Management Services, the Department of Employment
Security, 
4
the Department of Revenue, the Court of Claims, or any other 
5
State
agency (other than the Department of State Police and the 
6
Department of
Transportation and the Secretary of State) for 
7
the
purposes of this Section.
Appropriations to those
entities 
8
for those purposes shall,
instead, be made from the General 
9
Revenue Fund.  It shall not be lawful to
circumvent this 
10
limitation on appropriations by governmental reorganization or

11
other methods.  Nothing in this paragraph prohibits 
12
appropriations from the
Road Fund to the Department of State 
13
Police for the purposes of the
highway patrol budget only.

14
    The additional amounts authorized for expenditure by the 
15
Secretary of State
and
the Department of State Police in this 
16
Section by this amendatory Act of the
94th General Assembly 
17
shall be repaid to the Road Fund from the General Revenue Fund 
18
in the
next
succeeding fiscal year that the General Revenue 
19
Fund has a positive budgetary
balance,
as determined by 
20
generally accepted accounting principles applicable to

21
government.

22
(Source: P.A. 93-25, eff. 6-20-03; 93-721, eff. 1-1-05; 93-839, 
23
eff. 7-30-04; 94-91, eff. 7-1-05; 94-839, eff. 6-6-06.)

 
24
    (30 ILCS 105/8h)


25
    Sec. 8h. Transfers to General Revenue Fund.  
 


 






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1
    (a) Except as otherwise provided in this Section and 
2
Section 8n of this Act, and (c), (d), or (e),
notwithstanding 
3
any other
State law to the contrary, the Governor


may, through 
4
June 30, 2007, from time to time direct the State Treasurer and 
5
Comptroller to transfer
a specified sum from any fund held by 
6
the State Treasurer to the General
Revenue Fund in order to 
7
help defray the State's operating costs for the
fiscal year.  
8
The total transfer under this Section from any fund in any

9
fiscal year shall not exceed the lesser of (i) 8% of the 
10
revenues to be deposited
into the fund during that fiscal year 
11
or (ii) an amount that leaves a remaining fund balance of 25% 
12
of the July 1 fund balance of that fiscal year. In fiscal year 
13
2005 only, prior to calculating the July 1, 2004 final 
14
balances, the Governor may calculate and direct the State 
15
Treasurer with the Comptroller to transfer additional amounts 
16
determined by applying the formula authorized in Public Act 
17
93-839 to the funds balances on July 1, 2003.
No transfer may 
18
be made from a fund under this Section that would have the

19
effect of reducing the available balance in the fund to an 
20
amount less than
the amount remaining unexpended and unreserved 
21
from the total appropriation
from that fund estimated to be 
22
expended for that fiscal year.  This Section does not apply to 
23
any
funds that are restricted by federal law to a specific use, 
24
to any funds in
the Motor Fuel Tax Fund, the Intercity 
25
Passenger Rail Fund, the Hospital Provider Fund, the Medicaid 
26
Provider Relief Fund, the Teacher Health Insurance Security 
 


 






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Fund, the Reviewing Court Alternative Dispute Resolution Fund, 
2
the Voters' Guide Fund, the Foreign Language Interpreter Fund, 
3
the Lawyers' Assistance Program Fund, the Supreme Court Federal 
4
Projects Fund, the Supreme Court Special State Projects Fund, 
5
the Supplemental Low-Income Energy Assistance Fund, the Good 
6
Samaritan Energy Trust Fund, the Low-Level Radioactive Waste 
7
Facility Development and Operation Fund, the Horse Racing 
8
Equity Trust Fund, or the Hospital Basic Services Preservation 
9
Fund, or to any
funds to which subsection (f) of Section 20-40 
10
of the Nursing and Advanced Practice Nursing Act applies. No 
11
transfers may be made under this Section from the Pet 
12
Population Control Fund.   Notwithstanding any
other provision 
13
of this Section, for fiscal year 2004,
the total transfer under 
14
this Section from the Road Fund or the State
Construction 
15
Account Fund shall not exceed the lesser of (i) 5% of the 
16
revenues to be deposited
into the fund during that fiscal year 
17
or (ii) 25% of the beginning balance in the fund.
For fiscal 
18
year 2005 through fiscal year 2007, no amounts may be 
19
transferred under this Section from the Road Fund, the State 
20
Construction Account Fund, the Criminal Justice Information 
21
Systems Trust Fund, the Wireless Service Emergency Fund, or the 
22
Mandatory Arbitration Fund. No transfers may be made under this 
23
Section from the Road Fund or the State
Construction Account 
24
Fund on or after the effective date of this amendatory Act
of 
25
the
95th General Assembly.

26
    In determining the available balance in a fund, the 
 


 






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1
Governor


may include receipts, transfers into the fund, and 
2
other
resources anticipated to be available in the fund in that 
3
fiscal year.


4
    The State Treasurer and Comptroller shall transfer the 
5
amounts designated
under this Section as soon as may be 
6
practicable after receiving the direction
to transfer from the 
7
Governor.


8
    (a-5) Transfers directed to be made under this Section on 
9
or before February 28, 2006 that are still pending on May 19, 
10
2006 (the effective date of Public Act 94-774)
this amendatory 
11
Act of the 94th General Assembly shall be redirected as 
12
provided in Section 8n of this Act.

13
    (b) This Section does not apply to: (i) the Ticket For The 
14
Cure Fund; (ii) any fund established under the Community Senior 
15
Services and Resources Act; or (iii) on or after January 1, 
16
2006 (the effective date of Public Act 94-511), the Child Labor 
17
and Day and Temporary Labor Enforcement Fund.
18
    (c) This Section does not apply to the Demutualization 
19
Trust Fund established under the Uniform Disposition of 
20
Unclaimed Property Act.

21
    (d) This Section does not apply to moneys set aside in the 
22
Illinois State Podiatric Disciplinary Fund for podiatric 
23
scholarships and residency programs under the Podiatric 
24
Scholarship and Residency Act.
25
    (e) Subsection (a) does not apply to, and no transfer may 
26
be made under this Section from, the Pension Stabilization 
 


 






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1
Fund.

2
(Source: P.A. 93-32, eff. 6-20-03; 93-659, eff. 2-3-04; 93-674, 
3
eff. 6-10-04; 93-714, eff. 7-12-04; 93-801, eff. 7-22-04; 
4
93-839, eff. 7-30-04; 93-1054, eff. 11-18-04; 93-1067, eff. 
5
1-15-05; 94-91, eff. 7-1-05; 94-120, eff. 7-6-05; 94-511, eff. 
6
1-1-06; 94-535, eff. 8-10-05; 94-639, eff. 8-22-05; 94-645, 
7
eff. 8-22-05; 94-648, eff. 1-1-06; 94-686, eff. 11-2-05; 
8
94-691, eff. 11-2-05; 94-726, eff. 1-20-06; 94-773, eff. 
9
5-18-06; 94-774, eff. 5-19-06; 94-804, eff. 5-26-06; 94-839, 
10
eff. 6-6-06; revised 6-19-06.)

 

11
    Section 99. Effective date. This Act takes effect upon 
12
becoming law.