99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB1375

 

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 2016, 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, 2015.


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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, during fiscal year 2015 only, for the
12    purposes of a grant not to exceed $3,825,000 to the
13    Regional Transportation Authority on behalf of PACE for the
14    purpose of ADA/Para-transit expenses; or for any of those
15    purposes or any other purpose that may be provided by law.
16    Appropriations for any of those purposes are payable from
17the Road Fund. Appropriations may also be made from the Road
18Fund for the administrative expenses of any State agency that
19are related to motor vehicles or arise from the use of motor
20vehicles.
21    Beginning with fiscal year 1980 and thereafter, no Road
22Fund monies shall be appropriated to the following Departments
23or agencies of State government for administration, grants, or
24operations; but this limitation is not a restriction upon
25appropriating for those purposes any Road Fund monies that are
26eligible for federal reimbursement;

 

 

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1        1. Department of Public Health;
2        2. Department of Transportation, only with respect to
3    subsidies for one-half fare Student Transportation and
4    Reduced Fare for Elderly, except during fiscal year 2012
5    only when no more than $40,000,000 may be expended and
6    except during fiscal year 2013 only when no more than
7    $17,570,300 may be expended and except during fiscal year
8    2014 only when no more than $17,570,000 may be expended and
9    except during fiscal year 2015 only when no more than
10    $17,570,000 may be expended;
11        3. Department of Central Management Services, except
12    for expenditures incurred for group insurance premiums of
13    appropriate personnel;
14        4. Judicial Systems and Agencies.
15    Beginning with fiscal year 1981 and thereafter, no Road
16Fund monies shall be appropriated to the following Departments
17or agencies of State government for administration, grants, or
18operations; but this limitation is not a restriction upon
19appropriating for those purposes any Road Fund monies that are
20eligible for federal reimbursement:
21        1. Department of State Police, except for expenditures
22    with respect to the Division of Operations;
23        2. Department of Transportation, only with respect to
24    Intercity Rail Subsidies, except during fiscal year 2012
25    only when no more than $40,000,000 may be expended and
26    except during fiscal year 2013 only when no more than

 

 

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1    $26,000,000 may be expended and except during fiscal year
2    2014 only when no more than $38,000,000 may be expended and
3    except during fiscal year 2015 only when no more than
4    $42,000,000 may be expended, and Rail Freight Services.
5    Beginning with fiscal year 1982 and thereafter, no Road
6Fund monies shall be appropriated to the following Departments
7or agencies of State government for administration, grants, or
8operations; but this limitation is not a restriction upon
9appropriating for those purposes any Road Fund monies that are
10eligible for federal reimbursement: Department of Central
11Management Services, except for awards made by the Illinois
12Workers' Compensation Commission under the terms of the
13Workers' Compensation Act or Workers' Occupational Diseases
14Act for injury or death of an employee of the Division of
15Highways in the Department of Transportation.
16    Beginning with fiscal year 1984 and thereafter, no Road
17Fund monies shall be appropriated to the following Departments
18or agencies of State government for administration, grants, or
19operations; but this limitation is not a restriction upon
20appropriating for those purposes any Road Fund monies that are
21eligible 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
26Fund monies shall be appropriated to any Department or agency

 

 

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1of State government for administration, grants, or operations
2except as provided hereafter; but this limitation is not a
3restriction upon appropriating for those purposes any Road Fund
4monies that are eligible for federal reimbursement. It shall
5not be lawful to circumvent the above appropriation limitations
6by governmental reorganization or other methods.
7Appropriations shall be made from the Road Fund only in
8accordance with the provisions of this Section.
9    Money in the Road Fund shall, if and when the State of
10Illinois incurs any bonded indebtedness for the construction of
11permanent highways, be set aside and used for the purpose of
12paying and discharging during each fiscal year the principal
13and interest on that bonded indebtedness as it becomes due and
14payable as provided in the Transportation Bond Act, and for no
15other purpose. The surplus, if any, in the Road Fund after the
16payment of principal and interest on that bonded indebtedness
17then 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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1    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, or during fiscal
12    year 2012 only for the purposes of a grant not to exceed
13    $8,500,000 to the Regional Transportation Authority on
14    behalf of PACE for the purpose of ADA/Para-transit
15    expenses, or during fiscal year 2013 only for the purposes
16    of a grant not to exceed $3,825,000 to the Regional
17    Transportation Authority on behalf of PACE for the purpose
18    of ADA/Para-transit expenses, or during fiscal year 2014
19    only for the purposes of a grant not to exceed $3,825,000
20    to the Regional Transportation Authority on behalf of PACE
21    for the purpose of ADA/Para-transit expenses, or during
22    fiscal year 2015 only for the purposes of a grant not to
23    exceed $3,825,000 to the Regional Transportation Authority
24    on behalf of PACE for the purpose of ADA/Para-transit
25    expenses, and the costs for patrolling and policing the
26    public highways (by State, political subdivision, or

 

 

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1    municipality collecting that money) for enforcement of
2    traffic laws. The separation of grades of such highways
3    with railroads and costs associated with protection of
4    at-grade highway and railroad crossing shall also be
5    permissible.
6    Appropriations for any of such purposes are payable from
7the Road Fund or the Grade Crossing Protection Fund as provided
8in Section 8 of the Motor Fuel Tax Law.
9    Except as provided in this paragraph, beginning with fiscal
10year 1991 and thereafter, no Road Fund monies shall be
11appropriated to the Department of State Police for the purposes
12of this Section in excess of its total fiscal year 1990 Road
13Fund appropriations for those purposes unless otherwise
14provided in Section 5g of this Act. For fiscal years 2003,
152004, 2005, 2006, and 2007 only, no Road Fund monies shall be
16appropriated to the Department of State Police for the purposes
17of this Section in excess of $97,310,000. For fiscal year 2008
18only, no Road Fund monies shall be appropriated to the
19Department of State Police for the purposes of this Section in
20excess of $106,100,000. For fiscal year 2009 only, no Road Fund
21monies shall be appropriated to the Department of State Police
22for the purposes of this Section in excess of $114,700,000.
23Beginning in fiscal year 2010, no road fund moneys shall be
24appropriated to the Department of State Police. It shall not be
25lawful to circumvent this limitation on appropriations by
26governmental reorganization or other methods unless otherwise

 

 

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1provided in Section 5g of this Act.
2    In fiscal year 1994, no Road Fund monies shall be
3appropriated to the Secretary of State for the purposes of this
4Section in excess of the total fiscal year 1991 Road Fund
5appropriations to the Secretary of State for those purposes,
6plus $9,800,000. It shall not be lawful to circumvent this
7limitation on appropriations by governmental reorganization or
8other method.
9    Beginning with fiscal year 1995 and thereafter, no Road
10Fund monies shall be appropriated to the Secretary of State for
11the purposes of this Section in excess of the total fiscal year
121994 Road Fund appropriations to the Secretary of State for
13those purposes. It shall not be lawful to circumvent this
14limitation on appropriations by governmental reorganization or
15other methods.
16    Beginning with fiscal year 2000, total Road Fund
17appropriations to the Secretary of State for the purposes of
18this Section shall not exceed the amounts specified for the
19following fiscal years:
20    Fiscal Year 2000$80,500,000;
21    Fiscal Year 2001$80,500,000;
22    Fiscal Year 2002$80,500,000;
23    Fiscal Year 2003$130,500,000;
24    Fiscal Year 2004$130,500,000;
25    Fiscal Year 2005$130,500,000;
26    Fiscal Year 2006 $130,500,000;

 

 

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1    Fiscal Year 2007 $130,500,000;
2    Fiscal Year 2008$130,500,000;
3    Fiscal Year 2009 $130,500,000.
4    For fiscal year 2010, no road fund moneys shall be
5appropriated to the Secretary of State.
6    Beginning in fiscal year 2011, moneys in the Road Fund
7shall be appropriated to the Secretary of State for the
8exclusive purpose of paying refunds due to overpayment of fees
9related to Chapter 3 of the Illinois Vehicle Code unless
10otherwise provided for by law.
11    It shall not be lawful to circumvent this limitation on
12appropriations by governmental reorganization or other
13methods.
14    No new program may be initiated in fiscal year 1991 and
15thereafter that is not consistent with the limitations imposed
16by this Section for fiscal year 1984 and thereafter, insofar as
17appropriation of Road Fund monies is concerned.
18    Nothing in this Section prohibits transfers from the Road
19Fund to the State Construction Account Fund under Section 5e of
20this Act; nor to the General Revenue Fund, as authorized by
21this amendatory Act of the 93rd General Assembly.
22    The additional amounts authorized for expenditure in this
23Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91
24shall be repaid to the Road Fund from the General Revenue Fund
25in the next succeeding fiscal year that the General Revenue
26Fund has a positive budgetary balance, as determined by

 

 

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1generally accepted accounting principles applicable to
2government.
3    The additional amounts authorized for expenditure by the
4Secretary of State and the Department of State Police in this
5Section by this amendatory Act of the 94th General Assembly
6shall be repaid to the Road Fund from the General Revenue Fund
7in the next succeeding fiscal year that the General Revenue
8Fund has a positive budgetary balance, as determined by
9generally accepted accounting principles applicable to
10government.
11    Notwithstanding any provision of law to the contrary,
12beginning with fiscal year 2016 and thereafter, all Road Fund
13monies shall be appropriated according to the following
14formula:
15        1. 50% to Department of Transportation District 1; and
16        2. 50% to Department of Transportation Districts 2
17    through 9, to be divided among those Districts at the
18    discretion of the Secretary of Transportation.
19(Source: P.A. 97-72, eff. 7-1-11; 97-732, eff. 6-30-12; 98-24,
20eff. 6-19-13; 98-674, eff. 6-30-14.)
 
21    Section 99. Effective date. This Act takes effect July 1,
222015.