Sen. John M. Sullivan
Filed: 5/8/2008
 
 

 




 

 		












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AMENDMENT TO SENATE BILL 2288 




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    AMENDMENT NO. ______. Amend Senate Bill 2288 as follows:


 
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on page 1, by replacing lines 7 and 8 with the following:


 
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"Sections 5.710, 5.711, 5.712, 5.713, 5.714, 5.715, 6z-76, 
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6z-77, 6z-78, and 6z-79 and by changing Section 8.3 as 
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follows:"; and
 
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on page 1, immediately below line 19, by inserting the 
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following:
 
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    "(30 ILCS 105/5.715 new)

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    Sec. 5.715. The SOS/ISP Fund."; and
 
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on page 14, immediately below line 6, by inserting the 
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following:
 
 


 






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    "(30 ILCS 105/6z-79 new)

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    Sec. 6z-79. The SOS/ISP Fund.
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    (a) The SOS/ISP Fund is created as a special fund in the 
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State treasury. Moneys in the Fund may be used only for the 
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purposes set forth in this Section. The SOS/ISP Fund is not 
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subject to sweeps, administrative charges or charge backs, such 
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as but not limited to those authorized under Section 8h, or any 
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other fiscal or budgetary maneuver that would in any way 
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transfer any funds from the SOS/ISP Fund into any other fund of 
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the State.
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    (b) On the first day of each month, or as soon thereafter 
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as possible, beginning on July 1, 2008, the Comptroller shall 
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order and the Treasurer shall transfer from the General Revenue 
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Fund to the SOS/ISP Fund one-twelfth of $136,600,000 together 
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with the amount of any deficiency in such transfers for 
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previous months.
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    (c) Moneys in the SOS/ISP Fund shall be appropriated by the 
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General Assembly as follows: 22.3% to the Secretary of State 
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and 77.7% to the Department of State Police.
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    (d) Moneys appropriated from the SOS/ISP Fund to the 
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Secretary of State and the Department of State Police must be 
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expended by each for the same purposes and subject to the same 
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limitations as set forth in Section 8.3 of this Act for 
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appropriations from the Road Fund for fiscal year 2008. 
 



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    (30 ILCS 105/8.3)  (from Ch. 127, par. 144.3)



 


 






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    Sec. 8.3. Money in the Road Fund shall, if and when the 
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State of
Illinois incurs any bonded indebtedness for the 
3
construction of
permanent highways, be set aside and used for 
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the purpose of paying and
discharging annually the principal 
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and interest on that bonded
indebtedness then due and payable, 
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and for no other purpose.  The
surplus, if any, in the Road Fund 
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after the payment of principal and
interest on that bonded 
8
indebtedness then annually due shall be used as
follows:


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        first -- to pay the cost of administration of Chapters 
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    2 through 10 of
the Illinois Vehicle Code, except the cost 
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    of administration of Articles I and
II of Chapter 3 of that 
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    Code; and


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

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

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    erection of buildings for highway purposes, including the 
 


 






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    acquisition of
highway right-of-way or for investigations 
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    to determine the reasonably
anticipated future highway 
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    needs; or for making of surveys, plans,
specifications and 
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    estimates for and in the construction and maintenance
of 
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    flight strips and of highways necessary to provide access 
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    to military
and naval reservations, to defense industries 
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    and defense-industry
sites, and to the sources of raw 
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    materials and for replacing existing
highways and highway 
9
    connections shut off from general public use at
military 
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    and naval reservations and defense-industry sites, or for 
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    the
purchase of right-of-way, except that the State shall 
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    be reimbursed in
full for any expense incurred in building 
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    the flight strips; or for the
operating and maintaining of 
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    highway garages; or for patrolling and
policing the public 
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    highways and conserving the peace; or for the operating 
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    expenses of the Department relating to the administration 
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    of public transportation programs; or for any of
those 
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    purposes or any other purpose that may be provided by law.

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    Appropriations for any of those purposes are payable from 
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the Road
Fund.  Appropriations may also be made from the Road 
21
Fund for the
administrative expenses of any State agency that 
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are related to motor
vehicles or arise from the use of motor 
23
vehicles.

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    Beginning with fiscal year 1980 and thereafter, no Road 
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Fund monies
shall be appropriated to the following Departments 
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or agencies of State
government for administration, grants, or 
 


 






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operations; but this
limitation is not a restriction upon 
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appropriating for those purposes any
Road Fund monies that are 
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eligible for federal reimbursement;


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        1. Department of Public Health;


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


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


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        4. Judicial Systems and Agencies.

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


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


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

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    Beginning with fiscal year 1982 and thereafter, no Road 
23
Fund monies
shall be appropriated to the following Departments 
24
or agencies of State
government for administration, grants, or 
25
operations; but this
limitation is not a restriction upon 
26
appropriating for those purposes any
Road Fund monies that are 
 


 






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eligible for federal reimbursement:  Department
of Central 
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Management Services, except for awards made by
the Illinois 
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Workers' Compensation  Commission under the terms of the 
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Workers' Compensation Act
or Workers' Occupational Diseases 
5
Act for injury or death of an employee of
the Division of 
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Highways in the Department of Transportation.

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    Beginning with fiscal year 1984 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 
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appropriating for those purposes any
Road Fund monies that are 
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eligible for federal reimbursement:


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


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        2. State Officers.

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    Beginning with fiscal year 1984 and thereafter, no Road 
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Fund monies
shall be appropriated to any Department or agency 
18
of State government
for administration, grants, or operations 
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except as provided hereafter;
but this limitation is not a 
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restriction upon appropriating for those
purposes any Road Fund 
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monies that are eligible for federal
reimbursement.  It shall 
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not be lawful to circumvent the above
appropriation limitations 
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by governmental reorganization or other
methods.  
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Appropriations shall be made from the Road Fund only in

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accordance with the provisions of this Section.

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    Money in the Road Fund shall, if and when the State of 
 


 






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Illinois
incurs any bonded indebtedness for the construction of 
2
permanent
highways, be set aside and used for the purpose of 
3
paying  and
discharging during each fiscal year the principal 
4
and interest on that
bonded indebtedness as it becomes due and 
5
payable as provided in the
Transportation Bond Act, and for no 
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other
purpose.  The surplus, if any, in the Road Fund after the 
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payment of
principal and interest on that bonded indebtedness 
8
then annually due
shall be used as follows:


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


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

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    reconstruction, maintenance, repair, and operation of 
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    public highways and
bridges under the direction and 
 


 






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    supervision of the State, political
subdivision, or 
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    municipality collecting those monies, and the costs for

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    patrolling and policing the public highways (by State, 
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    political
subdivision, or municipality collecting that 
5
    money) for enforcement of
traffic laws.  The separation of 
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    grades of such highways with railroads
and costs associated 
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    with protection of at-grade highway and railroad
crossing 
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    shall also be permissible.

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

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    Except as provided in this paragraph, for beginning with 
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fiscal years year 1991 through 2008 and
thereafter, no Road 
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Fund monies
shall be appropriated to the Department of State 
15
Police for the purposes of
this Section in excess of its total 
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fiscal year 1990 Road Fund
appropriations for those purposes 
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unless otherwise provided in Section 5g of
this Act.
For fiscal 
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years 2003,

2004, 2005, 2006, and 2007 only, no Road Fund 
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monies shall
be appropriated to the
Department of State Police 
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for the purposes of this Section in excess of
$97,310,000.
 For 
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fiscal year 2008 only, no Road
Fund monies shall be 
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appropriated to the Department of State Police for the purposes 
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of
this Section in excess of $106,100,000. For fiscal year 2009 
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and thereafter, no Road Fund moneys shall be appropriated to 
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the Department of State Police for the purposes of this 
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Section. It shall not be lawful to circumvent this limitation 
 


 






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

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    In fiscal year 1994, no Road Fund monies shall be 
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appropriated
to the
Secretary of State for the purposes of this 
5
Section in excess of the total
fiscal year 1991 Road Fund 
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appropriations to the Secretary of State for
those purposes, 
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plus $9,800,000.  It
shall not be
lawful to circumvent
this 
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limitation on appropriations by governmental reorganization or 
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other
method.

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    For Beginning with fiscal years year 1995 through 1999 and 
11
thereafter, no Road Fund
monies
shall be appropriated to the 
12
Secretary of State for the purposes of this
Section in excess 
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of the total fiscal year 1994 Road Fund
appropriations to
the 
14
Secretary of State for those purposes. It shall not be lawful 
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to
circumvent this limitation on appropriations by 
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governmental reorganization
or other methods.

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    Beginning with fiscal year 2000, total Road Fund 
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appropriations to the
Secretary of State for the purposes of 
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this Section shall not exceed the
amounts specified for the 
20
following fiscal years:

21        Fiscal Year 2000$80,500,000;


22        Fiscal Year 2001$80,500,000;


23        Fiscal Year 2002$80,500,000;


24        Fiscal Year 2003$130,500,000;


25        Fiscal Year 2004$130,500,000


26        Fiscal Year 2005$130,500,000;




 


 






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1        Fiscal Year 2006$130,500,000;


2        Fiscal Year 2007$130,500,000


3        Fiscal Year 2008$130,500,000


4        Fiscal Year 2009
5        and each 


6        year thereafter$0 $30,500,000.
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    It shall not be lawful to circumvent this limitation on 
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appropriations by
governmental reorganization or other 
9
methods.

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    No new program may be initiated in fiscal year 1991 and

11
thereafter that is not consistent with the limitations imposed 
12
by this
Section for fiscal year 1984 and thereafter, insofar as 
13
appropriation of
Road Fund monies is concerned.

14
    Nothing in this Section prohibits transfers from the Road 
15
Fund to the
State Construction Account Fund under Section 5e of 
16
this Act; nor to the
General Revenue Fund, as authorized by 
17
this amendatory Act of
the 93rd
General Assembly.

18
    The additional amounts authorized for expenditure in this 
19
Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91

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shall be repaid to the Road Fund
from the General Revenue Fund 
21
in the next succeeding fiscal year that the
General Revenue 
22
Fund has a positive budgetary balance, as determined by

23
generally accepted accounting principles applicable to 
24
government.

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    The additional amounts authorized for expenditure by the 
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Secretary of State
and
the Department of State Police in this 
 


 






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Section by this amendatory Act of the
94th General Assembly 
2
shall be repaid to the Road Fund from the General Revenue Fund 
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in the
next
succeeding fiscal year that the General Revenue 
4
Fund has a positive budgetary
balance,
as determined by 
5
generally accepted accounting principles applicable to

6
government.

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(Source: P.A. 94-91, eff. 7-1-05; 94-839, eff. 6-6-06; 95-707, 
8
eff. 1-11-08.)".