Sen. John M. Sullivan
Filed: 3/30/2007
 
 

 




 

 		












09500SB1090sam001

LRB095 05979 RCE 34821 a






1

AMENDMENT TO SENATE BILL 1090




2
    AMENDMENT NO. ______. Amend Senate Bill 1090 by replacing 
3
everything after the enacting clause with the following:

 
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 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 
 


 






09500SB1090sam001
- 2 -
LRB095 05979 RCE 34821 a




1
    of administration of Articles I and
II of Chapter 3 of that 
2
    Code; and


3
        secondly -- for expenses of the Department of 
4
    Transportation for
construction, reconstruction, 
5
    improvement, repair, maintenance,
operation, and 
6
    administration of highways in accordance with the

7
    provisions of laws relating thereto, or for any purpose 
8
    related or
incident to and connected therewith, including 
9
    the separation of grades
of those highways with railroads 
10
    and with highways and including the
payment of awards made 
11
    by the Illinois Workers' Compensation  Commission under the 
12
    terms of
the Workers' Compensation Act or Workers' 
13
    Occupational Diseases Act for
injury or death of an 
14
    employee of the Division of Highways in the
Department of 
15
    Transportation; or for the acquisition of land and the

16
    erection of buildings for highway purposes, including the 
17
    acquisition of
highway right-of-way or for investigations 
18
    to determine the reasonably
anticipated future highway 
19
    needs; or for making of surveys, plans,
specifications and 
20
    estimates for and in the construction and maintenance
of 
21
    flight strips and of highways necessary to provide access 
22
    to military
and naval reservations, to defense industries 
23
    and defense-industry
sites, and to the sources of raw 
24
    materials and for replacing existing
highways and highway 
25
    connections shut off from general public use at
military 
26
    and naval reservations and defense-industry sites, or for 
 


 






09500SB1090sam001
- 3 -
LRB095 05979 RCE 34821 a




1
    the
purchase of right-of-way, except that the State shall 
2
    be reimbursed in
full for any expense incurred in building 
3
    the flight strips; or for the
operating and maintaining of 
4
    highway garages; or for patrolling and
policing the public 
5
    highways and conserving the peace; or for the operating 
6
    expenses of the Department relating to the administration 
7
    of public transportation programs; or for any of
those 
8
    purposes or any other purpose that may be provided by law.

9
    Appropriations for any of those purposes are payable from 
10
the Road
Fund.  Appropriations may also be made from the Road 
11
Fund for the
administrative expenses of any State agency that 
12
are related to motor
vehicles or arise from the use of motor 
13
vehicles.

14
    Beginning with fiscal year 1980 and thereafter, no Road 
15
Fund monies
shall be appropriated to the following Departments 
16
or agencies of State
government for administration, grants, or 
17
operations; but this
limitation is not a restriction upon 
18
appropriating for those purposes any
Road Fund monies that are 
19
eligible for federal reimbursement;


20
        1. Department of Public Health;


21
        2. Department of Transportation, only with respect to 
22
    subsidies for
one-half fare Student Transportation and 
23
    Reduced Fare for Elderly;


24
        3. Department of Central Management
Services, except 
25
    for expenditures
incurred for group insurance premiums of 
26
    appropriate personnel;


 


 






09500SB1090sam001
- 4 -
LRB095 05979 RCE 34821 a




1
        4. Judicial Systems and Agencies.

2
    Beginning with fiscal year 1981 and thereafter, no Road 
3
Fund monies
shall be appropriated to the following Departments 
4
or agencies of State
government for administration, grants, or 
5
operations; but this
limitation is not a restriction upon 
6
appropriating for those purposes any
Road Fund monies that are 
7
eligible for federal reimbursement:


8
        1. Department of State Police, except for expenditures 
9
    with
respect to the Division of Operations;


10
        2. Department of Transportation, only with respect to 
11
    Intercity Rail
Subsidies and Rail Freight Services.

12
    Beginning with fiscal year 1982 and thereafter, no Road 
13
Fund monies
shall be appropriated to the following Departments 
14
or agencies of State
government for administration, grants, or 
15
operations; but this
limitation is not a restriction upon 
16
appropriating for those purposes any
Road Fund monies that are 
17
eligible for federal reimbursement:  Department
of Central 
18
Management Services, except for awards made by
the Illinois 
19
Workers' Compensation  Commission under the terms of the 
20
Workers' Compensation Act
or Workers' Occupational Diseases 
21
Act for injury or death of an employee of
the Division of 
22
Highways in the Department of Transportation.

23
    Beginning with fiscal year 1984 and thereafter, no Road 
24
Fund monies
shall be appropriated to the following Departments 
25
or agencies of State
government for administration, grants, or 
26
operations; but this
limitation is not a restriction upon 
 


 






09500SB1090sam001
- 5 -
LRB095 05979 RCE 34821 a




1
appropriating for those purposes any
Road Fund monies that are 
2
eligible for federal reimbursement:


3
        1. Department of State Police, except not more than 40% 
4
    of the
funds appropriated for the Division of Operations;


5
        2. State Officers.

6
    Beginning with fiscal year 1984 and thereafter, no Road 
7
Fund monies
shall be appropriated to any Department or agency 
8
of State government
for administration, grants, or operations 
9
except as provided hereafter;
but this limitation is not a 
10
restriction upon appropriating for those
purposes any Road Fund 
11
monies that are eligible for federal
reimbursement.  It shall 
12
not be lawful to circumvent the above
appropriation limitations 
13
by governmental reorganization or other
methods.  
14
Appropriations shall be made from the Road Fund only in

15
accordance with the provisions of this Section.

16
    Money in the Road Fund shall, if and when the State of 
17
Illinois
incurs any bonded indebtedness for the construction of 
18
permanent
highways, be set aside and used for the purpose of 
19
paying  and
discharging during each fiscal year the principal 
20
and interest on that
bonded indebtedness as it becomes due and 
21
payable as provided in the
Transportation Bond Act, and for no 
22
other
purpose.  The surplus, if any, in the Road Fund after the 
23
payment of
principal and interest on that bonded indebtedness 
24
then annually due
shall be used as follows:


25
        first -- to pay the cost of administration of Chapters 
26
    2 through 10
of the Illinois Vehicle Code; and


 


 






09500SB1090sam001
- 6 -
LRB095 05979 RCE 34821 a




1
        secondly -- no Road Fund monies derived from fees, 
2
    excises, or
license taxes relating to registration, 
3
    operation and use of vehicles on
public highways or to 
4
    fuels used for the propulsion of those vehicles,
shall be 
5
    appropriated or expended other than for costs of 
6
    administering
the laws imposing those fees, excises, and 
7
    license taxes, statutory
refunds and adjustments allowed 
8
    thereunder, administrative costs of the
Department of 
9
    Transportation, including, but not limited to, the 
10
    operating expenses of the Department relating to the 
11
    administration of public transportation programs, payment 
12
    of debts and liabilities incurred
in construction and 
13
    reconstruction of public highways and bridges,
acquisition 
14
    of rights-of-way for and the cost of construction,

15
    reconstruction, maintenance, repair, and operation of 
16
    public highways and
bridges under the direction and 
17
    supervision of the State, political
subdivision, or 
18
    municipality collecting those monies, and the costs for

19
    patrolling and policing the public highways (by State, 
20
    political
subdivision, or municipality collecting that 
21
    money) for enforcement of
traffic laws.  The separation of 
22
    grades of such highways with railroads
and costs associated 
23
    with protection of at-grade highway and railroad
crossing 
24
    shall also be permissible.

25
    Appropriations for any of such purposes are payable from 
26
the Road
Fund or the Grade Crossing Protection Fund as provided 
 


 






09500SB1090sam001
- 7 -
LRB095 05979 RCE 34821 a




1
in Section 8 of
the Motor Fuel Tax Law.

2
    Except as provided in this paragraph, beginning with fiscal 
3
year 1991 and
thereafter, no Road Fund monies
shall be 
4
appropriated to the Department of State Police for the purposes 
5
of
this Section in excess of its total fiscal year 1990 Road 
6
Fund
appropriations for those purposes unless otherwise 
7
provided in Section 5g of
this Act.
For fiscal years 2003,


8
2004, 2005, 2006, and 2007 only, no Road Fund monies shall
be 
9
appropriated to the
Department of State Police for the purposes 
10
of this Section in excess of
$97,310,000. For fiscal year 2008 
11
and thereafter, no Road Fund moneys may be appropriated to the 
12
Department of State Police for the purposes of this Section.
 It 
13
shall not be lawful to circumvent this limitation on

14
appropriations by governmental reorganization or other methods 
15
unless
otherwise provided in Section 5g of this Act.

16
    In fiscal year 1994, no Road Fund monies shall be 
17
appropriated
to the
Secretary of State for the purposes of this 
18
Section in excess of the total
fiscal year 1991 Road Fund 
19
appropriations to the Secretary of State for
those purposes, 
20
plus $9,800,000.  It
shall not be
lawful to circumvent
this 
21
limitation on appropriations by governmental reorganization or 
22
other
method.

23
    Beginning with fiscal year 1995 and thereafter, no Road 
24
Fund
monies
shall be appropriated to the Secretary of State for 
25
the purposes of this
Section in excess of the total fiscal year 
26
1994 Road Fund
appropriations to
the Secretary of State for 


 


 






09500SB1090sam001
- 8 -
LRB095 05979 RCE 34821 a




1
those purposes. It shall not be lawful to
circumvent this 
2
limitation on appropriations by governmental reorganization
or 
3
other methods.

4
    Beginning with fiscal year 2000, total Road Fund 
5
appropriations to the
Secretary of State for the purposes of 
6
this Section shall not exceed the
amounts specified for the 
7
following fiscal years:


































8        Fiscal Year 2000$80,500,000;
9        Fiscal Year 2001$80,500,000;
10        Fiscal Year 2002$80,500,000;
11        Fiscal Year 2003$130,500,000;
12        Fiscal Year 2004$130,500,000;
13        Fiscal Year 2005$130,500,000;

14        Fiscal Year 2006
$130,500,000;



15        Fiscal Year 2007
$130,500,000;



16        Fiscal Year 2008 and


17        each year thereafter $0
$30,500,000.
18
    It shall not be lawful to circumvent this limitation on 
19
appropriations by
governmental reorganization or other 
20
methods.

21
    No new program may be initiated in fiscal year 1991 and

22
thereafter that is not consistent with the limitations imposed 
23
by this
Section for fiscal year 1984 and thereafter, insofar as 
24
appropriation of
Road Fund monies is concerned.

25
    Nothing in this Section prohibits transfers from the Road 
26
Fund to the
State Construction Account Fund under Section 5e of 
 


 






09500SB1090sam001
- 9 -
LRB095 05979 RCE 34821 a




1
this Act; nor to the
General Revenue Fund, as authorized by 
2
this amendatory Act of
the 93rd
General Assembly.

3
    The additional amounts authorized for expenditure in this 
4
Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91

5
shall be repaid to the Road Fund
from the General Revenue Fund 
6
in the next succeeding fiscal year that the
General Revenue 
7
Fund has a positive budgetary balance, as determined by

8
generally accepted accounting principles applicable to 
9
government.

10
    The additional amounts authorized for expenditure by the 
11
Secretary of State
and
the Department of State Police in this 
12
Section by this amendatory Act of the
94th General Assembly 
13
shall be repaid to the Road Fund from the General Revenue Fund 
14
in the
next
succeeding fiscal year that the General Revenue 
15
Fund has a positive budgetary
balance,
as determined by 
16
generally accepted accounting principles applicable to

17
government.

18
(Source: P.A. 93-25, eff. 6-20-03; 93-721, eff. 1-1-05; 93-839, 
19
eff. 7-30-04; 94-91, eff. 7-1-05; 94-839, eff. 6-6-06.)

 

20
    Section 99. Effective date. This Act takes effect July 1, 
21
2007.".