Rep. William "Will" Davis
Filed: 3/6/2024
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1 | AMENDMENT TO HOUSE BILL 5601 | ||||||
2 | AMENDMENT NO. ______. Amend House Bill 5601 on page 83, | ||||||
3 | immediately below line 8, by inserting the following: | ||||||
4 | "(20 ILCS 605/605-360 rep.) | ||||||
5 | Section 10-17. The Department of Commerce and Economic | ||||||
6 | Opportunity Law of the Civil Administrative Code of Illinois | ||||||
7 | is amended by repealing Section 605-360."; and | ||||||
8 | on page 113, immediately below line 7, by inserting the | ||||||
9 | following: | ||||||
10 | "Section 10-55. The University of Illinois Act is amended | ||||||
11 | by changing Section 70 as follows: | ||||||
12 | (110 ILCS 305/70) | ||||||
13 | Sec. 70. Administrator and faculty salary and benefits; | ||||||
14 | report. The Board of Trustees shall report to the Board of |
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1 | Higher Education, on or before August July 1 of each year, the | ||||||
2 | base salary and benefits of the president of the university | ||||||
3 | and all administrators, faculty members, and instructors | ||||||
4 | employed by the university from the prior fiscal year . For the | ||||||
5 | purposes of this Section, "benefits" includes without | ||||||
6 | limitation vacation days, sick days, bonuses, annuities, and | ||||||
7 | retirement enhancements. | ||||||
8 | (Source: P.A. 96-266, eff. 1-1-10; 96-1000, eff. 7-2-10.) | ||||||
9 | Section 10-60. The Southern Illinois University Management | ||||||
10 | Act is amended by changing Section 55 as follows: | ||||||
11 | (110 ILCS 520/55) | ||||||
12 | Sec. 55. Administrator and faculty salary and benefits; | ||||||
13 | report. The Board of Trustees shall report to the Board of | ||||||
14 | Higher Education, on or before August July 1 of each year, the | ||||||
15 | base salary and benefits of the president of the university | ||||||
16 | and all administrators, faculty members, and instructors | ||||||
17 | employed by the university from the prior fiscal year . For the | ||||||
18 | purposes of this Section, "benefits" includes without | ||||||
19 | limitation vacation days, sick days, bonuses, annuities, and | ||||||
20 | retirement enhancements. | ||||||
21 | (Source: P.A. 96-266, eff. 1-1-10; 96-1000, eff. 7-2-10.) | ||||||
22 | Section 10-65. The Chicago State University Law is amended | ||||||
23 | by changing Section 5-165 as follows: |
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1 | (110 ILCS 660/5-165) | ||||||
2 | Sec. 5-165. Administrator and faculty salary and benefits; | ||||||
3 | report. The Board of Trustees shall report to the Board of | ||||||
4 | Higher Education, on or before August July 1 of each year, the | ||||||
5 | base salary and benefits of the president of the university | ||||||
6 | and all administrators, faculty members, and instructors | ||||||
7 | employed by the university from the prior fiscal year . For the | ||||||
8 | purposes of this Section, "benefits" includes without | ||||||
9 | limitation vacation days, sick days, bonuses, annuities, and | ||||||
10 | retirement enhancements. | ||||||
11 | (Source: P.A. 96-266, eff. 1-1-10; 96-1000, eff. 7-2-10.) | ||||||
12 | Section 10-70. The Eastern Illinois University Law is | ||||||
13 | amended by changing Section 10-165 as follows: | ||||||
14 | (110 ILCS 665/10-165) | ||||||
15 | Sec. 10-165. Administrator and faculty salary and | ||||||
16 | benefits; report. The Board of Trustees shall report to the | ||||||
17 | Board of Higher Education, on or before August July 1 of each | ||||||
18 | year, the base salary and benefits of the president of the | ||||||
19 | university and all administrators, faculty members, and | ||||||
20 | instructors employed by the university from the prior fiscal | ||||||
21 | year . For the purposes of this Section, "benefits" includes | ||||||
22 | without limitation vacation days, sick days, bonuses, | ||||||
23 | annuities, and retirement enhancements. |
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1 | (Source: P.A. 96-266, eff. 1-1-10; 96-1000, eff. 7-2-10.) | ||||||
2 | Section 10-75. The Governors State University Law is | ||||||
3 | amended by changing Section 15-165 as follows: | ||||||
4 | (110 ILCS 670/15-165) | ||||||
5 | Sec. 15-165. Administrator and faculty salary and | ||||||
6 | benefits; report. The Board of Trustees shall report to the | ||||||
7 | Board of Higher Education, on or before August July 1 of each | ||||||
8 | year, the base salary and benefits of the president of the | ||||||
9 | university and all administrators, faculty members, and | ||||||
10 | instructors employed by the university from the prior fiscal | ||||||
11 | year . For the purposes of this Section, "benefits" includes | ||||||
12 | without limitation vacation days, sick days, bonuses, | ||||||
13 | annuities, and retirement enhancements. | ||||||
14 | (Source: P.A. 96-266, eff. 1-1-10; 96-1000, eff. 7-2-10.) | ||||||
15 | Section 10-80. The Northeastern Illinois University Law is | ||||||
16 | amended by changing Section 25-165 as follows: | ||||||
17 | (110 ILCS 680/25-165) | ||||||
18 | Sec. 25-165. Administrator and faculty salary and | ||||||
19 | benefits; report. The Board of Trustees shall report to the | ||||||
20 | Board of Higher Education, on or before August July 1 of each | ||||||
21 | year, the base salary and benefits of the president of the | ||||||
22 | university and all administrators, faculty members, and |
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1 | instructors employed by the university from the prior fiscal | ||||||
2 | year . For the purposes of this Section, "benefits" includes | ||||||
3 | without limitation vacation days, sick days, bonuses, | ||||||
4 | annuities, and retirement enhancements. | ||||||
5 | (Source: P.A. 96-266, eff. 1-1-10; 96-1000, eff. 7-2-10.) | ||||||
6 | Section 10-85. The Northern Illinois University Law is | ||||||
7 | amended by changing Section 30-175 as follows: | ||||||
8 | (110 ILCS 685/30-175) | ||||||
9 | Sec. 30-175. Administrator and faculty salary and | ||||||
10 | benefits; report. The Board of Trustees shall report to the | ||||||
11 | Board of Higher Education, on or before August July 1 of each | ||||||
12 | year, the base salary and benefits of the president of the | ||||||
13 | university and all administrators, faculty members, and | ||||||
14 | instructors employed by the university from the prior fiscal | ||||||
15 | year . For the purposes of this Section, "benefits" includes | ||||||
16 | without limitation vacation days, sick days, bonuses, | ||||||
17 | annuities, and retirement enhancements. | ||||||
18 | (Source: P.A. 96-266, eff. 1-1-10; 96-1000, eff. 7-2-10.) | ||||||
19 | Section 10-90. The Western Illinois University Law is | ||||||
20 | amended by changing Section 35-170 as follows: | ||||||
21 | (110 ILCS 690/35-170) | ||||||
22 | Sec. 35-170. Administrator and faculty salary and |
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1 | benefits; report. The Board of Trustees shall report to the | ||||||
2 | Board of Higher Education, on or before August July 1 of each | ||||||
3 | year, the base salary and benefits of the president of the | ||||||
4 | university and all administrators, faculty members, and | ||||||
5 | instructors employed by the university from the prior fiscal | ||||||
6 | year . For the purposes of this Section, "benefits" includes | ||||||
7 | without limitation vacation days, sick days, bonuses, | ||||||
8 | annuities, and retirement enhancements. | ||||||
9 | (Source: P.A. 96-266, eff. 1-1-10; 96-1000, eff. 7-2-10.) | ||||||
10 | Article 15. | ||||||
11 | Section 15-5. The Statute on Statutes is amended by | ||||||
12 | changing Section 1.33 as follows: | ||||||
13 | (5 ILCS 70/1.33) (from Ch. 1, par. 1034) | ||||||
14 | Sec. 1.33. Whenever there is a reference in any Act to the | ||||||
15 | Capital Development Bond Act of 1972, Transportation Bond Act, | ||||||
16 | School Construction Bond Act, Anti-Pollution Bond Act or the | ||||||
17 | Illinois Coal and Energy Development Bond Act, such reference | ||||||
18 | shall be interpreted to include the General Obligation Bond | ||||||
19 | Act. | ||||||
20 | (Source: P.A. 83-1490.) | ||||||
21 | Section 15-10. The State Finance Act is amended by | ||||||
22 | changing Sections 8.3 and 8.25 as follows: |
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1 | (30 ILCS 105/8.3) | ||||||
2 | Sec. 8.3. Money in the Road Fund shall, if and when the | ||||||
3 | State of Illinois incurs any bonded indebtedness for the | ||||||
4 | construction of permanent highways, be set aside and used for | ||||||
5 | the purpose of paying and discharging annually the principal | ||||||
6 | and interest on that bonded indebtedness then due and payable, | ||||||
7 | and for no other purpose. The surplus, if any, in the Road Fund | ||||||
8 | after the payment of principal and interest on that bonded | ||||||
9 | indebtedness then annually due shall be used as follows: | ||||||
10 | first -- to pay the cost of administration of Chapters | ||||||
11 | 2 through 10 of the Illinois Vehicle Code, except the cost | ||||||
12 | of administration of Articles I and II of Chapter 3 of that | ||||||
13 | Code, and to pay the costs of the Executive Ethics | ||||||
14 | Commission for oversight and administration of the Chief | ||||||
15 | Procurement Officer appointed under paragraph (2) of | ||||||
16 | subsection (a) of Section 10-20 of the Illinois | ||||||
17 | Procurement Code for transportation; and | ||||||
18 | secondly -- for expenses of the Department of | ||||||
19 | Transportation for construction, reconstruction, | ||||||
20 | improvement, repair, maintenance, operation, and | ||||||
21 | administration of highways in accordance with the | ||||||
22 | provisions of laws relating thereto, or for any purpose | ||||||
23 | related or incident to and connected therewith, including | ||||||
24 | the separation of grades of those highways with railroads | ||||||
25 | and with highways and including the payment of awards made |
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1 | by the Illinois Workers' Compensation Commission under the | ||||||
2 | terms of the Workers' Compensation Act or Workers' | ||||||
3 | Occupational Diseases Act for injury or death of an | ||||||
4 | employee of the Division of Highways in the Department of | ||||||
5 | Transportation; or for the acquisition of land and the | ||||||
6 | erection of buildings for highway purposes, including the | ||||||
7 | acquisition of highway right-of-way or for investigations | ||||||
8 | to determine the reasonably anticipated future highway | ||||||
9 | needs; or for making of surveys, plans, specifications and | ||||||
10 | estimates for and in the construction and maintenance of | ||||||
11 | flight strips and of highways necessary to provide access | ||||||
12 | to military and naval reservations, to defense industries | ||||||
13 | and defense-industry sites, and to the sources of raw | ||||||
14 | materials and for replacing existing highways and highway | ||||||
15 | connections shut off from general public use at military | ||||||
16 | and naval reservations and defense-industry sites, or for | ||||||
17 | the purchase of right-of-way, except that the State shall | ||||||
18 | be reimbursed in full for any expense incurred in building | ||||||
19 | the flight strips; or for the operating and maintaining of | ||||||
20 | highway garages; or for patrolling and policing the public | ||||||
21 | highways and conserving the peace; or for the operating | ||||||
22 | expenses of the Department relating to the administration | ||||||
23 | of public transportation programs; or, during fiscal year | ||||||
24 | 2023, for the purposes of a grant not to exceed $8,394,800 | ||||||
25 | to the Regional Transportation Authority on behalf of PACE | ||||||
26 | for the purpose of ADA/Para-transit expenses; or, during |
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1 | fiscal year 2024, for the purposes of a grant not to exceed | ||||||
2 | $9,108,400 to the Regional Transportation Authority on | ||||||
3 | behalf of PACE for the purpose of ADA/Para-transit | ||||||
4 | expenses; or for any of those purposes or any other | ||||||
5 | purpose that may be provided by law. | ||||||
6 | Appropriations for any of those purposes are payable from | ||||||
7 | the Road Fund. Appropriations may also be made from the Road | ||||||
8 | Fund for the administrative expenses of any State agency that | ||||||
9 | are related to motor vehicles or arise from the use of motor | ||||||
10 | vehicles. | ||||||
11 | Beginning with fiscal year 1980 and thereafter, no Road | ||||||
12 | Fund monies shall be appropriated to the following Departments | ||||||
13 | or agencies of State government for administration, grants, or | ||||||
14 | operations; but this limitation is not a restriction upon | ||||||
15 | appropriating for those purposes any Road Fund monies that are | ||||||
16 | eligible for federal reimbursement: | ||||||
17 | 1. Department of Public Health; | ||||||
18 | 2. Department of Transportation, only with respect to | ||||||
19 | subsidies for one-half fare Student Transportation and | ||||||
20 | Reduced Fare for Elderly, except fiscal year 2023 when no | ||||||
21 | more than $17,570,000 may be expended and except fiscal | ||||||
22 | year 2024 when no more than $19,063,500 may be expended; | ||||||
23 | 3. Department of Central Management Services, except | ||||||
24 | for expenditures incurred for group insurance premiums of | ||||||
25 | appropriate personnel; | ||||||
26 | 4. Judicial Systems and Agencies. |
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1 | Beginning with fiscal year 1981 and thereafter, no Road | ||||||
2 | Fund monies shall be appropriated to the following Departments | ||||||
3 | or agencies of State government for administration, grants, or | ||||||
4 | operations; but this limitation is not a restriction upon | ||||||
5 | appropriating for those purposes any Road Fund monies that are | ||||||
6 | eligible for federal reimbursement: | ||||||
7 | 1. Illinois State Police, except for expenditures with | ||||||
8 | respect to the Division of Patrol and Division of Criminal | ||||||
9 | Investigation; | ||||||
10 | 2. Department of Transportation, only with respect to | ||||||
11 | Intercity Rail Subsidies, except fiscal year 2023 when no | ||||||
12 | more than $55,000,000 may be expended and except fiscal | ||||||
13 | year 2024 when no more than $60,000,000 may be expended, | ||||||
14 | and Rail Freight Services. | ||||||
15 | Beginning with fiscal year 1982 and thereafter, no Road | ||||||
16 | Fund monies shall be appropriated to the following Departments | ||||||
17 | or agencies of State government for administration, grants, or | ||||||
18 | operations; but this limitation is not a restriction upon | ||||||
19 | appropriating for those purposes any Road Fund monies that are | ||||||
20 | eligible for federal reimbursement: Department of Central | ||||||
21 | Management Services, except for awards made by the Illinois | ||||||
22 | Workers' Compensation Commission under the terms of the | ||||||
23 | Workers' Compensation Act or Workers' Occupational Diseases | ||||||
24 | Act for injury or death of an employee of the Division of | ||||||
25 | Highways in the Department of Transportation. | ||||||
26 | Beginning with fiscal year 1984 and thereafter, no Road |
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1 | Fund monies shall be appropriated to the following Departments | ||||||
2 | or agencies of State government for administration, grants, or | ||||||
3 | operations; but this limitation is not a restriction upon | ||||||
4 | appropriating for those purposes any Road Fund monies that are | ||||||
5 | eligible for federal reimbursement: | ||||||
6 | 1. Illinois State Police, except not more than 40% of | ||||||
7 | the funds appropriated for the Division of Patrol and | ||||||
8 | Division of Criminal Investigation; | ||||||
9 | 2. State Officers. | ||||||
10 | Beginning with fiscal year 1984 and thereafter, no Road | ||||||
11 | Fund monies shall be appropriated to any Department or agency | ||||||
12 | of State government for administration, grants, or operations | ||||||
13 | except as provided hereafter; but this limitation is not a | ||||||
14 | restriction upon appropriating for those purposes any Road | ||||||
15 | Fund monies that are eligible for federal reimbursement. It | ||||||
16 | shall not be lawful to circumvent the above appropriation | ||||||
17 | limitations by governmental reorganization or other methods. | ||||||
18 | Appropriations shall be made from the Road Fund only in | ||||||
19 | accordance with the provisions of this Section. | ||||||
20 | Money in the Road Fund shall, if and when the State of | ||||||
21 | Illinois incurs any bonded indebtedness for the construction | ||||||
22 | of permanent highways, be set aside and used for the purpose of | ||||||
23 | paying and discharging during each fiscal year the principal | ||||||
24 | and interest on that bonded indebtedness as it becomes due and | ||||||
25 | payable as provided in the General Obligation Bond Act | ||||||
26 | Transportation Bond Act , and for no other purpose. The |
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1 | surplus, if any, in the Road Fund after the payment of | ||||||
2 | principal and interest on that bonded indebtedness then | ||||||
3 | annually due shall be used as follows: | ||||||
4 | first -- to pay the cost of administration of Chapters | ||||||
5 | 2 through 10 of the Illinois Vehicle Code; and | ||||||
6 | secondly -- no Road Fund monies derived from fees, | ||||||
7 | excises, or license taxes relating to registration, | ||||||
8 | operation and use of vehicles on public highways or to | ||||||
9 | fuels used for the propulsion of those vehicles, shall be | ||||||
10 | appropriated or expended other than for costs of | ||||||
11 | administering the laws imposing those fees, excises, and | ||||||
12 | license taxes, statutory refunds and adjustments allowed | ||||||
13 | thereunder, administrative costs of the Department of | ||||||
14 | Transportation, including, but not limited to, the | ||||||
15 | operating expenses of the Department relating to the | ||||||
16 | administration of public transportation programs, payment | ||||||
17 | of debts and liabilities incurred in construction and | ||||||
18 | reconstruction of public highways and bridges, acquisition | ||||||
19 | of rights-of-way for and the cost of construction, | ||||||
20 | reconstruction, maintenance, repair, and operation of | ||||||
21 | public highways and bridges under the direction and | ||||||
22 | supervision of the State, political subdivision, or | ||||||
23 | municipality collecting those monies, or during fiscal | ||||||
24 | year 2023 for the purposes of a grant not to exceed | ||||||
25 | $8,394,800 to the Regional Transportation Authority on | ||||||
26 | behalf of PACE for the purpose of ADA/Para-transit |
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1 | expenses, or during fiscal year 2024 for the purposes of a | ||||||
2 | grant not to exceed $9,108,400 to the Regional | ||||||
3 | Transportation Authority on behalf of PACE for the purpose | ||||||
4 | of ADA/Para-transit expenses, and the costs for patrolling | ||||||
5 | and policing the public highways (by the State, political | ||||||
6 | subdivision, or municipality collecting that money) for | ||||||
7 | enforcement of traffic laws. The separation of grades of | ||||||
8 | such highways with railroads and costs associated with | ||||||
9 | protection of at-grade highway and railroad crossing shall | ||||||
10 | also be permissible. | ||||||
11 | Appropriations for any of such purposes are payable from | ||||||
12 | the Road Fund or the Grade Crossing Protection Fund as | ||||||
13 | provided in Section 8 of the Motor Fuel Tax Law. | ||||||
14 | Except as provided in this paragraph, beginning with | ||||||
15 | fiscal year 1991 and thereafter, no Road Fund monies shall be | ||||||
16 | appropriated to the Illinois State Police for the purposes of | ||||||
17 | this Section in excess of its total fiscal year 1990 Road Fund | ||||||
18 | appropriations for those purposes unless otherwise provided in | ||||||
19 | Section 5g of this Act. For fiscal years 2003, 2004, 2005, | ||||||
20 | 2006, and 2007 only, no Road Fund monies shall be appropriated | ||||||
21 | to the Department of State Police for the purposes of this | ||||||
22 | Section in excess of $97,310,000. For fiscal year 2008 only, | ||||||
23 | no Road Fund monies shall be appropriated to the Department of | ||||||
24 | State Police for the purposes of this Section in excess of | ||||||
25 | $106,100,000. For fiscal year 2009 only, no Road Fund monies | ||||||
26 | shall be appropriated to the Department of State Police for |
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1 | the purposes of this Section in excess of $114,700,000. | |||||||||
2 | Beginning in fiscal year 2010, no Road Fund road fund moneys | |||||||||
3 | shall be appropriated to the Illinois State Police. It shall | |||||||||
4 | not be lawful to circumvent this limitation on appropriations | |||||||||
5 | by governmental reorganization or other methods unless | |||||||||
6 | otherwise 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 | |||||||||
9 | this 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 | |||||||||
16 | for the purposes of this Section in excess of the total fiscal | |||||||||
17 | year 1994 Road Fund appropriations to the Secretary of State | |||||||||
18 | for 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: | |||||||||
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9 | For fiscal year 2010, no road fund moneys shall be | |||||||||||||||||||||||||||||||||
10 | appropriated to the Secretary of State. | |||||||||||||||||||||||||||||||||
11 | Beginning in fiscal year 2011, moneys in the Road Fund | |||||||||||||||||||||||||||||||||
12 | shall be appropriated to the Secretary of State for the | |||||||||||||||||||||||||||||||||
13 | exclusive purpose of paying refunds due to overpayment of fees | |||||||||||||||||||||||||||||||||
14 | related to Chapter 3 of the Illinois Vehicle Code unless | |||||||||||||||||||||||||||||||||
15 | otherwise provided for by law. | |||||||||||||||||||||||||||||||||
16 | It shall not be lawful to circumvent this limitation on | |||||||||||||||||||||||||||||||||
17 | appropriations by governmental reorganization or other | |||||||||||||||||||||||||||||||||
18 | methods. | |||||||||||||||||||||||||||||||||
19 | No new program may be initiated in fiscal year 1991 and | |||||||||||||||||||||||||||||||||
20 | thereafter that is not consistent with the limitations imposed | |||||||||||||||||||||||||||||||||
21 | by this Section for fiscal year 1984 and thereafter, insofar | |||||||||||||||||||||||||||||||||
22 | as appropriation of Road Fund monies is concerned. | |||||||||||||||||||||||||||||||||
23 | Nothing in this Section prohibits transfers from the Road | |||||||||||||||||||||||||||||||||
24 | Fund to the State Construction Account Fund under Section 5e | |||||||||||||||||||||||||||||||||
25 | of this Act; nor to the General Revenue Fund, as authorized by | |||||||||||||||||||||||||||||||||
26 | Public Act 93-25. |
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1 | The additional amounts authorized for expenditure in this | ||||||
2 | Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91 | ||||||
3 | shall be repaid to the Road Fund from the General Revenue Fund | ||||||
4 | in the next succeeding fiscal year that the General Revenue | ||||||
5 | Fund has a positive budgetary balance, as determined by | ||||||
6 | generally accepted accounting principles applicable to | ||||||
7 | government. | ||||||
8 | The additional amounts authorized for expenditure by the | ||||||
9 | Secretary of State and the Department of State Police in this | ||||||
10 | Section by Public Act 94-91 shall be repaid to the Road Fund | ||||||
11 | from the General Revenue Fund in the next succeeding fiscal | ||||||
12 | year that the General Revenue Fund has a positive budgetary | ||||||
13 | balance, as determined by generally accepted accounting | ||||||
14 | principles applicable to government. | ||||||
15 | (Source: P.A. 102-16, eff. 6-17-21; 102-538, eff. 8-20-21; | ||||||
16 | 102-699, eff. 4-19-22; 102-813, eff. 5-13-22; 103-8, eff. | ||||||
17 | 6-7-23; 103-34, eff. 1-1-24; revised 12-12-23.) | ||||||
18 | (30 ILCS 105/8.25) (from Ch. 127, par. 144.25) | ||||||
19 | Sec. 8.25. Build Illinois Fund; uses. | ||||||
20 | (A) All moneys in the Build Illinois Fund shall be | ||||||
21 | transferred, appropriated, and used only for the purposes | ||||||
22 | authorized by and subject to the limitations and conditions | ||||||
23 | prescribed by this Section. There are established the | ||||||
24 | following accounts in the Build Illinois Fund: the McCormick | ||||||
25 | Place Account, the Build Illinois Bond Account, the Build |
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1 | Illinois Purposes Account, the Park and Conservation Fund | ||||||
2 | Account, and the Tourism Advertising and Promotion Account. | ||||||
3 | Amounts deposited into the Build Illinois Fund consisting of | ||||||
4 | 1.55% before July 1, 1986, and 1.75% on and after July 1, 1986, | ||||||
5 | of moneys received by the Department of Revenue under Section | ||||||
6 | 9 of the Use Tax Act, Section 9 of the Service Use Tax Act, | ||||||
7 | Section 9 of the Service Occupation Tax Act, and Section 3 of | ||||||
8 | the Retailers' Occupation Tax Act, and all amounts deposited | ||||||
9 | therein under Section 28 of the Illinois Horse Racing Act of | ||||||
10 | 1975, Section 4.05 of the Chicago World's Fair - 1992 | ||||||
11 | Authority Act, and Sections 3 and 6 of the Hotel Operators' | ||||||
12 | Occupation Tax Act, shall be credited initially to the | ||||||
13 | McCormick Place Account and all other amounts deposited into | ||||||
14 | the Build Illinois Fund shall be credited initially to the | ||||||
15 | Build Illinois Bond Account. Of the amounts initially so | ||||||
16 | credited to the McCormick Place Account in each month, the | ||||||
17 | amount that is to be transferred in that month to the | ||||||
18 | Metropolitan Fair and Exposition Authority Improvement Bond | ||||||
19 | Fund, as provided below, shall remain credited to the | ||||||
20 | McCormick Place Account, and all amounts initially so credited | ||||||
21 | in that month in excess thereof shall next be credited to the | ||||||
22 | Build Illinois Bond Account. Of the amounts credited to the | ||||||
23 | Build Illinois Bond Account in each month, the amount that is | ||||||
24 | to be transferred in that month to the Build Illinois Bond | ||||||
25 | Retirement and Interest Fund, as provided below, shall remain | ||||||
26 | credited to the Build Illinois Bond Account, and all amounts |
| |||||||
| |||||||
1 | so credited in each month in excess thereof shall next be | ||||||
2 | credited monthly to the other accounts in the following order | ||||||
3 | of priority: first, to the Build Illinois Purposes Account, | ||||||
4 | plus any cumulative deficiency in those transfers for prior | ||||||
5 | months; second, 1/12 of $10,000,000, plus any cumulative | ||||||
6 | deficiency in those transfers for prior months, to the Park | ||||||
7 | and Conservation Fund Account; and third, to the General | ||||||
8 | Revenue Fund in the State Treasury all amounts that remain in | ||||||
9 | the Build Illinois Fund on the last day of each month and are | ||||||
10 | not credited to any account in that Fund. | ||||||
11 | Transfers from the McCormick Place Account in the Build | ||||||
12 | Illinois Fund shall be made as follows: | ||||||
13 | Beginning with fiscal year 1985 and continuing for each | ||||||
14 | fiscal year thereafter, the Metropolitan Pier and Exposition | ||||||
15 | Authority shall annually certify to the State Comptroller and | ||||||
16 | State Treasurer the amount necessary and required during the | ||||||
17 | fiscal year with respect to which the certification is made to | ||||||
18 | pay the debt service requirements (including amounts to be | ||||||
19 | paid with respect to arrangements to provide additional | ||||||
20 | security or liquidity) on all outstanding bonds and notes, | ||||||
21 | including refunding bonds (herein collectively referred to as | ||||||
22 | bonds) of issues in the aggregate amount (excluding the amount | ||||||
23 | of any refunding bonds issued by that Authority after January | ||||||
24 | 1, 1986) of not more than $312,500,000 issued after July 1, | ||||||
25 | 1984, by that Authority for the purposes specified in Sections | ||||||
26 | 10.1 and 13.1 of the Metropolitan Pier and Exposition |
| |||||||
| |||||||
1 | Authority Act. In each month of the fiscal year in which there | ||||||
2 | are bonds outstanding with respect to which the annual | ||||||
3 | certification is made, the Comptroller shall order transferred | ||||||
4 | and the Treasurer shall transfer from the McCormick Place | ||||||
5 | Account in the Build Illinois Fund to the Metropolitan Fair | ||||||
6 | and Exposition Authority Improvement Bond Fund an amount equal | ||||||
7 | to 150% of the certified amount for that fiscal year divided by | ||||||
8 | the number of months during that fiscal year in which bonds of | ||||||
9 | the Authority are outstanding, plus any cumulative deficiency | ||||||
10 | in those transfers for prior months; provided, that the | ||||||
11 | maximum amount that may be so transferred in fiscal year 1985 | ||||||
12 | shall not exceed $15,000,000 or a lesser sum as is actually | ||||||
13 | necessary and required to pay the debt service requirements | ||||||
14 | for that fiscal year after giving effect to net operating | ||||||
15 | revenues of that Authority available for that purpose as | ||||||
16 | certified by that Authority, and provided further that the | ||||||
17 | maximum amount that may be so transferred in fiscal year 1986 | ||||||
18 | shall not exceed $30,000,000 and in each fiscal year | ||||||
19 | thereafter shall not exceed $33,500,000 in any fiscal year or | ||||||
20 | a lesser sum as is actually necessary and required to pay the | ||||||
21 | debt service requirements for that fiscal year after giving | ||||||
22 | effect to net operating revenues of that Authority available | ||||||
23 | for that purpose as certified by that Authority. | ||||||
24 | When an amount equal to 100% of the aggregate amount of | ||||||
25 | principal and interest in each fiscal year with respect to | ||||||
26 | bonds issued after July 1, 1984, that by their terms are |
| |||||||
| |||||||
1 | payable from the Metropolitan Fair and Exposition Authority | ||||||
2 | Improvement Bond Fund, including under sinking fund | ||||||
3 | requirements, has been so paid and deficiencies in reserves | ||||||
4 | established from bond proceeds shall have been remedied, and | ||||||
5 | at the time that those amounts have been transferred to the | ||||||
6 | Authority as provided in Section 13.1 of the Metropolitan Pier | ||||||
7 | and Exposition Authority Act, the remaining moneys, if any, | ||||||
8 | deposited and to be deposited during each fiscal year to the | ||||||
9 | Metropolitan Fair and Exposition Authority Improvement Bond | ||||||
10 | Fund shall be transferred to the Metropolitan Fair and | ||||||
11 | Exposition Authority Completion Note Subordinate Fund. | ||||||
12 | Transfers from the Build Illinois Bond Account in the | ||||||
13 | Build Illinois Fund shall be made as follows: | ||||||
14 | Beginning with fiscal year 1986 and continuing for each | ||||||
15 | fiscal year thereafter so long as limited obligation bonds of | ||||||
16 | the State issued under the Build Illinois Bond Act remain | ||||||
17 | outstanding, the Comptroller shall order transferred and the | ||||||
18 | Treasurer shall transfer in each month, commencing in October, | ||||||
19 | 1985, on the last day of that month, from the Build Illinois | ||||||
20 | Bond Account to the Build Illinois Bond Retirement and | ||||||
21 | Interest Fund in the State Treasury the amount required to be | ||||||
22 | so transferred in that month under Section 13 of the Build | ||||||
23 | Illinois Bond Act. | ||||||
24 | As soon as may be practicable after the first day of each | ||||||
25 | month beginning after July 1, 1984, the Comptroller shall | ||||||
26 | order transferred and the Treasurer shall transfer from the |
| |||||||
| |||||||
1 | Park and Conservation Fund Account in the Build Illinois Fund | ||||||
2 | to the Park and Conservation Fund 1/12 of $10,000,000, plus | ||||||
3 | any cumulative deficiency in those transfers for prior months, | ||||||
4 | for conservation and park purposes as enumerated in Section | ||||||
5 | 805-420 of the Department of Natural Resources (Conservation) | ||||||
6 | Law (20 ILCS 805/805-420) , and to pay the debt service | ||||||
7 | requirements on all outstanding bonds of an issue in the | ||||||
8 | aggregate amount of not more than $40,000,000 issued after | ||||||
9 | January 1, 1985, by the State of Illinois for the purposes | ||||||
10 | specified in Section 3(c) of the Capital Development Bond Act | ||||||
11 | of 1972, or for the same purposes as specified in any other | ||||||
12 | State general obligation bond Act enacted after November 1, | ||||||
13 | 1984. Transfers from the Park and Conservation Fund to the | ||||||
14 | Capital Development Bond Retirement and Interest Fund to pay | ||||||
15 | those debt service requirements shall be made in accordance | ||||||
16 | with Section 8.25b of this Act. | ||||||
17 | All funds remaining in the Build Illinois Fund on the last | ||||||
18 | day of any month and not credited to any account in that Fund | ||||||
19 | shall be transferred by the State Treasurer to the General | ||||||
20 | Revenue Fund. | ||||||
21 | (B) For the purpose of this Section, "cumulative | ||||||
22 | deficiency" shall include all deficiencies in those transfers | ||||||
23 | that have occurred since July 1, 1984, as specified in | ||||||
24 | subsection (A) of this Section. | ||||||
25 | (C) (Blank). In addition to any other permitted use of | ||||||
26 | moneys in the Fund, and notwithstanding any restriction on the |
| |||||||
| |||||||
1 | use of the Fund, moneys in the Park and Conservation Fund may | ||||||
2 | be transferred to the General Revenue Fund as authorized by | ||||||
3 | Public Act 87-14. The General Assembly finds that an excess of | ||||||
4 | moneys existed in the Fund on July 30, 1991, and the Governor's | ||||||
5 | order of July 30, 1991, requesting the Comptroller and | ||||||
6 | Treasurer to transfer an amount from the Fund to the General | ||||||
7 | Revenue Fund is hereby validated. | ||||||
8 | (D) (Blank). | ||||||
9 | (Source: P.A. 102-1071, eff. 6-10-22.) | ||||||
10 | (30 ILCS 325/Act rep.) | ||||||
11 | Section 15-20. The Fiscal Agent Designation Act is | ||||||
12 | repealed. | ||||||
13 | Section 15-25. The General Obligation Bond Act is amended | ||||||
14 | by changing Sections 12 and 15 as follows: | ||||||
15 | (30 ILCS 330/12) (from Ch. 127, par. 662) | ||||||
16 | Sec. 12. Allocation of proceeds from sale of Bonds. | ||||||
17 | (a) Proceeds from the sale of Bonds, authorized by Section | ||||||
18 | 3 of this Act, shall be deposited in the separate fund known as | ||||||
19 | the Capital Development Fund , a special fund that was created | ||||||
20 | under Section 6 of the Capital Development Bond Act of 1972 | ||||||
21 | (repealed) and is continued under this amendatory Act of the | ||||||
22 | 103rd General Assembly, which may be expended as provided by | ||||||
23 | law . |
| |||||||
| |||||||
1 | (b) Proceeds from the sale of Bonds, authorized by | ||||||
2 | paragraph (a) of Section 4 of this Act, shall be deposited in | ||||||
3 | the separate fund known as the Transportation Bond, Series A | ||||||
4 | Fund , a special fund that was created under Section 4 of the | ||||||
5 | Transportation Bond Act (repealed) and is continued under this | ||||||
6 | amendatory Act of the 103rd General Assembly, which may be | ||||||
7 | expended as provided by law . | ||||||
8 | (c) Proceeds from the sale of Bonds, authorized by | ||||||
9 | paragraphs (b) and (c) of Section 4 of this Act, shall be | ||||||
10 | deposited in the separate fund known as the Transportation | ||||||
11 | Bond, Series B Fund , a special fund that was created under | ||||||
12 | Section 4 of the Transportation Bond Act (repealed) and is | ||||||
13 | continued under this amendatory Act of the 103rd General | ||||||
14 | Assembly, which may be expended as provided by law . | ||||||
15 | (c-1) Proceeds from the sale of Bonds, authorized by | ||||||
16 | paragraph (d) of Section 4 of this Act, shall be deposited into | ||||||
17 | the Transportation Bond Series D Fund, which is hereby | ||||||
18 | created. | ||||||
19 | (c-2) Proceeds from the sale of Bonds, authorized by | ||||||
20 | paragraph (e) of Section 4 of this Act, shall be deposited into | ||||||
21 | the Multi-modal Transportation Bond Fund, which is hereby | ||||||
22 | created. | ||||||
23 | (d) Proceeds from the sale of Bonds, authorized by Section | ||||||
24 | 5 of this Act, shall be deposited in the separate fund known as | ||||||
25 | the School Construction Fund. | ||||||
26 | (e) Proceeds from the sale of Bonds, authorized by Section |
| |||||||
| |||||||
1 | 6 of this Act, shall be deposited in the separate fund known as | ||||||
2 | the Anti-Pollution Fund , a special fund that was created under | ||||||
3 | Section 3 of the Anti-Pollution Bond Act (repealed) and is | ||||||
4 | continued under this amendatory Act of the 103rd General | ||||||
5 | Assembly, which may be expended as provided by law . | ||||||
6 | (f) Proceeds from the sale of Bonds, authorized by Section | ||||||
7 | 7 of this Act, shall be deposited in the separate fund known as | ||||||
8 | the Coal Development Fund , a special fund that was created | ||||||
9 | under Section 10 of the Illinois Coal and Energy Development | ||||||
10 | Bond Act (repealed) and is continued under this amendatory Act | ||||||
11 | of the 103rd General Assembly, which may be expended as | ||||||
12 | provided by law . | ||||||
13 | (f-2) Proceeds from the sale of Bonds, authorized by | ||||||
14 | Section 7.2 of this Act, shall be deposited as set forth in | ||||||
15 | Section 7.2. | ||||||
16 | (f-5) Proceeds from the sale of Bonds, authorized by | ||||||
17 | Section 7.5 of this Act, shall be deposited as set forth in | ||||||
18 | Section 7.5. | ||||||
19 | (f-7) Proceeds from the sale of Bonds, authorized by | ||||||
20 | Section 7.6 of this Act, shall be deposited as set forth in | ||||||
21 | Section 7.6. | ||||||
22 | (f-8) Proceeds from the sale of Bonds, authorized by | ||||||
23 | Section 7.7 of this Act, shall be deposited as set forth in | ||||||
24 | Section 7.7. | ||||||
25 | (g) Proceeds from the sale of Bonds, authorized by Section | ||||||
26 | 8 of this Act, shall be deposited in the Capital Development |
| |||||||
| |||||||
1 | Fund. | ||||||
2 | (h) Subsequent to the issuance of any Bonds for the | ||||||
3 | purposes described in Sections 2 through 8 of this Act, the | ||||||
4 | Governor and the Director of the Governor's Office of | ||||||
5 | Management and Budget may provide for the reallocation of | ||||||
6 | unspent proceeds of such Bonds to any other purposes | ||||||
7 | authorized under said Sections of this Act, subject to the | ||||||
8 | limitations on aggregate principal amounts contained therein. | ||||||
9 | Upon any such reallocation, such unspent proceeds shall be | ||||||
10 | transferred to the appropriate funds as determined by | ||||||
11 | reference to paragraphs (a) through (g) of this Section. | ||||||
12 | (Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18; | ||||||
13 | 101-30, eff. 6-28-19.) | ||||||
14 | (30 ILCS 330/15) (from Ch. 127, par. 665) | ||||||
15 | Sec. 15. Computation of principal and interest; transfers. | ||||||
16 | (a) Upon each delivery of Bonds authorized to be issued | ||||||
17 | under this Act, the Comptroller shall compute and certify to | ||||||
18 | the Treasurer the total amount of principal of, interest on, | ||||||
19 | and premium, if any, on Bonds issued that will be payable in | ||||||
20 | order to retire such Bonds, the amount of principal of, | ||||||
21 | interest on and premium, if any, on such Bonds that will be | ||||||
22 | payable on each payment date according to the tenor of such | ||||||
23 | Bonds during the then current and each succeeding fiscal year, | ||||||
24 | and the amount of sinking fund payments needed to be deposited | ||||||
25 | in connection with Qualified School Construction Bonds |
| |||||||
| |||||||
1 | authorized by subsection (e) of Section 9. With respect to the | ||||||
2 | interest payable on variable rate bonds, such certifications | ||||||
3 | shall be calculated at the maximum rate of interest that may be | ||||||
4 | payable during the fiscal year, after taking into account any | ||||||
5 | credits permitted in the related indenture or other instrument | ||||||
6 | against the amount of such interest required to be | ||||||
7 | appropriated for such period pursuant to subsection (c) of | ||||||
8 | Section 14 of this Act. With respect to the interest payable, | ||||||
9 | such certifications shall include the amounts certified by the | ||||||
10 | Director of the Governor's Office of Management and Budget | ||||||
11 | under subsection (b) of Section 9 of this Act. | ||||||
12 | On or before the last day of each month the State Treasurer | ||||||
13 | and Comptroller shall transfer from (1) the Road Fund with | ||||||
14 | respect to Bonds issued under paragraphs (a) and (e) of | ||||||
15 | Section 4 of this Act, or Bonds issued under authorization in | ||||||
16 | Public Act 98-781, or Bonds issued for the purpose of | ||||||
17 | refunding such bonds, and from (2) the General Revenue Fund, | ||||||
18 | with respect to all other Bonds issued under this Act, to the | ||||||
19 | General Obligation Bond Retirement and Interest Fund an amount | ||||||
20 | sufficient to pay the aggregate of the principal of, interest | ||||||
21 | on, and premium, if any, on Bonds payable, by their terms on | ||||||
22 | the next payment date divided by the number of full calendar | ||||||
23 | months between the date of such Bonds and the first such | ||||||
24 | payment date, and thereafter, divided by the number of months | ||||||
25 | between each succeeding payment date after the first. Such | ||||||
26 | computations and transfers shall be made for each series of |
| |||||||
| |||||||
1 | Bonds issued and delivered. Interest payable on variable rate | ||||||
2 | bonds shall be calculated at the maximum rate of interest that | ||||||
3 | may be payable for the relevant period, after taking into | ||||||
4 | account any credits permitted in the related indenture or | ||||||
5 | other instrument against the amount of such interest required | ||||||
6 | to be appropriated for such period pursuant to subsection (c) | ||||||
7 | of Section 14 of this Act. Computations of interest shall | ||||||
8 | include the amounts certified by the Director of the | ||||||
9 | Governor's Office of Management and Budget under subsection | ||||||
10 | (b) of Section 9 of this Act. Interest for which moneys have | ||||||
11 | already been deposited into the capitalized interest account | ||||||
12 | within the General Obligation Bond Retirement and Interest | ||||||
13 | Fund shall not be included in the calculation of the amounts to | ||||||
14 | be transferred under this subsection. Notwithstanding any | ||||||
15 | other provision in this Section, the transfer provisions | ||||||
16 | provided in this paragraph shall not apply to transfers made | ||||||
17 | in fiscal year 2010 or fiscal year 2011 with respect to Bonds | ||||||
18 | issued in fiscal year 2010 or fiscal year 2011 pursuant to | ||||||
19 | Section 7.2 of this Act. In the case of transfers made in | ||||||
20 | fiscal year 2010 or fiscal year 2011 with respect to the Bonds | ||||||
21 | issued in fiscal year 2010 or fiscal year 2011 pursuant to | ||||||
22 | Section 7.2 of this Act, on or before the 15th day of the month | ||||||
23 | prior to the required debt service payment, the State | ||||||
24 | Treasurer and Comptroller shall transfer from the General | ||||||
25 | Revenue Fund to the General Obligation Bond Retirement and | ||||||
26 | Interest Fund an amount sufficient to pay the aggregate of the |
| |||||||
| |||||||
1 | principal of, interest on, and premium, if any, on the Bonds | ||||||
2 | payable in that next month. | ||||||
3 | The transfer of monies herein and above directed is not | ||||||
4 | required if monies in the General Obligation Bond Retirement | ||||||
5 | and Interest Fund are more than the amount otherwise to be | ||||||
6 | transferred as herein above provided, and if the Governor or | ||||||
7 | his authorized representative notifies the State Treasurer and | ||||||
8 | Comptroller of such fact in writing. | ||||||
9 | (b) The After the effective date of this Act, the balance | ||||||
10 | of, and monies directed to be included in the Capital | ||||||
11 | Development Bond Retirement and Interest Fund, Anti-Pollution | ||||||
12 | Bond Retirement and Interest Fund, Transportation Bond, Series | ||||||
13 | A Retirement and Interest Fund, Transportation Bond, Series B | ||||||
14 | Retirement and Interest Fund, and Coal Development Bond | ||||||
15 | Retirement and Interest Fund shall be transferred to and | ||||||
16 | deposited in the General Obligation Bond Retirement and | ||||||
17 | Interest Fund . This Fund shall be used to make debt service | ||||||
18 | payments on the State's general obligation Bonds heretofore | ||||||
19 | issued which are now outstanding and payable from the Funds | ||||||
20 | herein listed as well as on Bonds issued under this Act. | ||||||
21 | (c) The unused portion of federal funds received for or as | ||||||
22 | reimbursement for a capital facilities project, as authorized | ||||||
23 | by Section 3 of this Act, for which monies from the Capital | ||||||
24 | Development Fund have been expended shall remain in the | ||||||
25 | Capital Development Board Contributory Trust Fund and shall be | ||||||
26 | used for capital projects and for no other purpose, subject to |
| |||||||
| |||||||
1 | appropriation and as directed by the Capital Development | ||||||
2 | Board. Any federal funds received as reimbursement for the | ||||||
3 | completed construction of a capital facilities project, as | ||||||
4 | authorized by Section 3 of this Act, for which monies from the | ||||||
5 | Capital Development Fund have been expended may be used for | ||||||
6 | any expense or project necessary for implementation of the | ||||||
7 | Quincy Veterans' Home Rehabilitation and Rebuilding Act for a | ||||||
8 | period of 5 years from July 17, 2018 (the effective date of | ||||||
9 | Public Act 100-610). | ||||||
10 | (Source: P.A. 101-30, eff. 6-28-19; 102-699, eff. 4-19-22.) | ||||||
11 | (30 ILCS 395/Act rep.) | ||||||
12 | Section 15-30. The Educational Institution Bond | ||||||
13 | Authorization Act is repealed. | ||||||
14 | (30 ILCS 400/Act rep.) | ||||||
15 | Section 15-35. The Mental Health Institution Bond Act is | ||||||
16 | repealed. | ||||||
17 | (30 ILCS 405/Act rep.) | ||||||
18 | Section 15-40. The Anti-Pollution Bond Act is repealed. | ||||||
19 | (30 ILCS 410/Act rep.) | ||||||
20 | Section 15-45. The Anti-Pollution Bond Fund Transfer Act | ||||||
21 | is repealed. |
| |||||||
| |||||||
1 | (30 ILCS 415/Act rep.) | ||||||
2 | Section 15-50. The Transportation Bond Act is repealed. | ||||||
3 | (30 ILCS 420/Act rep.) | ||||||
4 | Section 15-55. The Capital Development Bond Act of 1972 is | ||||||
5 | repealed. | ||||||
6 | Section 15-60. The Public Community College Act is amended | ||||||
7 | by changing Sections 5-1, 5-9, and 5-12 as follows: | ||||||
8 | (110 ILCS 805/5-1) (from Ch. 122, par. 105-1) | ||||||
9 | Sec. 5-1. Application; State funds. | ||||||
10 | (a) This Article does not apply to community college | ||||||
11 | energy conservation measures and guaranteed energy saving | ||||||
12 | contracts undertaken, implemented, or entered into under | ||||||
13 | Article V-A. | ||||||
14 | (b) Upon compliance with the provisions of this Article, | ||||||
15 | any community college may receive and expend funds for | ||||||
16 | building purposes under the direction of the State Board | ||||||
17 | pursuant to the provisions of the General Obligation Bond Act, | ||||||
18 | the Capital Development Bond Act of 1972 (now repealed), and | ||||||
19 | the Capital Development Board Act. | ||||||
20 | (Source: P.A. 88-173.) | ||||||
21 | (110 ILCS 805/5-9) (from Ch. 122, par. 105-9) | ||||||
22 | Sec. 5-9. The community college district may finance 25% |
| |||||||
| |||||||
1 | or more of the project by issuing bonds in the manner provided | ||||||
2 | in Article IIIA. The community college board is authorized to | ||||||
3 | transfer to the Capital Development Board to supplement the | ||||||
4 | financing by the Capital Development Board responsive to the | ||||||
5 | General Obligation Bond Act, " Capital Development Bond Act of | ||||||
6 | 1972 (now repealed) ", as now or hereafter amended , and the | ||||||
7 | " Capital Development Board Act ", as now or hereafter amended, | ||||||
8 | such monies as are necessary to finance at least 25% of the | ||||||
9 | project. In addition any community college district may | ||||||
10 | designate for building purposes any property it may own, | ||||||
11 | either real or personal, situated within the geographical | ||||||
12 | boundaries of such community college district, as part of its | ||||||
13 | contribution necessary to finance at least 25% of the project. | ||||||
14 | The obligation of property and money may be made for any | ||||||
15 | project authorized by law to be undertaken by the Capital | ||||||
16 | Development Board responsive to a declaration of such project | ||||||
17 | being in the public interest by the General Assembly for any of | ||||||
18 | the purposes approved by the State Board. | ||||||
19 | (Source: P.A. 81-1509.) | ||||||
20 | (110 ILCS 805/5-12) (from Ch. 122, par. 105-12) | ||||||
21 | Sec. 5-12. In the event the Capital Development Board | ||||||
22 | determines that a facility previously provided for a community | ||||||
23 | college under this Article was defectively designed or | ||||||
24 | constructed, the cost of any necessary corrective work shall | ||||||
25 | be fully funded by monies appropriated pursuant to the General |
| |||||||
| |||||||
1 | Obligation Bond Act Capital Development Bond Act of 1972, as | ||||||
2 | now or hereafter amended . In such an instance, the community | ||||||
3 | college shall not be required to provide any portion of the | ||||||
4 | cost of the corrective work. | ||||||
5 | Should a community college district recover damages | ||||||
6 | against any party responsible for the defective design or | ||||||
7 | construction of a community college facility, the community | ||||||
8 | college district shall reimburse the State of Illinois for any | ||||||
9 | funds provided by the State to correct building defects. | ||||||
10 | No provision of this Section shall preclude or delay | ||||||
11 | litigation by a community college district to recover damages | ||||||
12 | for such defective design or construction from the party or | ||||||
13 | parties responsible for same. | ||||||
14 | (Source: P.A. 81-994.) | ||||||
15 | Section 15-65. The Environmental Protection Act is amended | ||||||
16 | by changing Section 4 as follows: | ||||||
17 | (415 ILCS 5/4) (from Ch. 111 1/2, par. 1004) | ||||||
18 | Sec. 4. Environmental Protection Agency; establishment; | ||||||
19 | duties. | ||||||
20 | (a) There is established in the Executive Branch of the | ||||||
21 | State Government an agency to be known as the Environmental | ||||||
22 | Protection Agency. This Agency shall be under the supervision | ||||||
23 | and direction of a Director who shall be appointed by the | ||||||
24 | Governor with the advice and consent of the Senate. The term of |
| |||||||
| |||||||
1 | office of the Director shall expire on the third Monday of | ||||||
2 | January in odd numbered years, provided that he or she shall | ||||||
3 | hold office until a successor is appointed and has qualified. | ||||||
4 | For terms beginning after January 18, 2019 (the effective date | ||||||
5 | of Public Act 100-1179) and before January 16, 2023, the | ||||||
6 | Director's annual salary shall be an amount equal to 15% more | ||||||
7 | than the Director's annual salary as of December 31, 2018. The | ||||||
8 | calculation of the 2018 salary base for this adjustment shall | ||||||
9 | not include any cost of living adjustments, as authorized by | ||||||
10 | Senate Joint Resolution 192 of the 86th General Assembly, for | ||||||
11 | the period beginning July 1, 2009 to June 30, 2019. Beginning | ||||||
12 | July 1, 2019 and each July 1 thereafter, the Director shall | ||||||
13 | receive an increase in salary based on a cost of living | ||||||
14 | adjustment as authorized by Senate Joint Resolution 192 of the | ||||||
15 | 86th General Assembly. Notwithstanding any other provision of | ||||||
16 | law, for terms beginning on or after January 16, 2023, the | ||||||
17 | Director shall receive an annual salary of $180,000 or as set | ||||||
18 | by the Governor, whichever is higher. On July 1, 2023, and on | ||||||
19 | each July 1 thereafter, the Director shall receive an increase | ||||||
20 | in salary based on a cost of living adjustment as authorized by | ||||||
21 | Senate Joint Resolution 192 of the 86th General Assembly. The | ||||||
22 | Director, in accord with the Personnel Code, shall employ and | ||||||
23 | direct such personnel, and shall provide for such laboratory | ||||||
24 | and other facilities, as may be necessary to carry out the | ||||||
25 | purposes of this Act. In addition, the Director may by | ||||||
26 | agreement secure such services as he or she may deem necessary |
| |||||||
| |||||||
1 | from any other department, agency, or unit of the State | ||||||
2 | Government, and may employ and compensate such consultants and | ||||||
3 | technical assistants as may be required. | ||||||
4 | (b) The Agency shall have the duty to collect and | ||||||
5 | disseminate such information, acquire such technical data, and | ||||||
6 | conduct such experiments as may be required to carry out the | ||||||
7 | purposes of this Act, including ascertainment of the quantity | ||||||
8 | and nature of discharges from any contaminant source and data | ||||||
9 | on those sources, and to operate and arrange for the operation | ||||||
10 | of devices for the monitoring of environmental quality. | ||||||
11 | (c) The Agency shall have authority to conduct a program | ||||||
12 | of continuing surveillance and of regular or periodic | ||||||
13 | inspection of actual or potential contaminant or noise | ||||||
14 | sources, of public water supplies, and of refuse disposal | ||||||
15 | sites. | ||||||
16 | (d) In accordance with constitutional limitations, the | ||||||
17 | Agency shall have authority to enter at all reasonable times | ||||||
18 | upon any private or public property for the purpose of: | ||||||
19 | (1) Inspecting and investigating to ascertain possible | ||||||
20 | violations of this Act, any rule or regulation adopted | ||||||
21 | under this Act, any permit or term or condition of a | ||||||
22 | permit, or any Board order; or | ||||||
23 | (2) In accordance with the provisions of this Act, | ||||||
24 | taking whatever preventive or corrective action, including | ||||||
25 | but not limited to removal or remedial action, that is | ||||||
26 | necessary or appropriate whenever there is a release or a |
| |||||||
| |||||||
1 | substantial threat of a release of (A) a hazardous | ||||||
2 | substance or pesticide or (B) petroleum from an | ||||||
3 | underground storage tank. | ||||||
4 | (e) The Agency shall have the duty to investigate | ||||||
5 | violations of this Act, any rule or regulation adopted under | ||||||
6 | this Act, any permit or term or condition of a permit, or any | ||||||
7 | Board order; to issue administrative citations as provided in | ||||||
8 | Section 31.1 of this Act; and to take such summary enforcement | ||||||
9 | action as is provided for by Section 34 of this Act. | ||||||
10 | (f) The Agency shall appear before the Board in any | ||||||
11 | hearing upon a petition for variance or time-limited water | ||||||
12 | quality standard, the denial of a permit, or the validity or | ||||||
13 | effect of a rule or regulation of the Board, and shall have the | ||||||
14 | authority to appear before the Board in any hearing under the | ||||||
15 | Act. | ||||||
16 | (g) The Agency shall have the duty to administer, in | ||||||
17 | accord with Title X of this Act, such permit and certification | ||||||
18 | systems as may be established by this Act or by regulations | ||||||
19 | adopted thereunder. The Agency may enter into written | ||||||
20 | delegation agreements with any department, agency, or unit of | ||||||
21 | State or local government under which all or portions of this | ||||||
22 | duty may be delegated for public water supply storage and | ||||||
23 | transport systems, sewage collection and transport systems, | ||||||
24 | air pollution control sources with uncontrolled emissions of | ||||||
25 | 100 tons per year or less and application of algicides to | ||||||
26 | waters of the State. Such delegation agreements will require |
| |||||||
| |||||||
1 | that the work to be performed thereunder will be in accordance | ||||||
2 | with Agency criteria, subject to Agency review, and shall | ||||||
3 | include such financial and program auditing by the Agency as | ||||||
4 | may be required. | ||||||
5 | (h) The Agency shall have authority to require the | ||||||
6 | submission of complete plans and specifications from any | ||||||
7 | applicant for a permit required by this Act or by regulations | ||||||
8 | thereunder, and to require the submission of such reports | ||||||
9 | regarding actual or potential violations of this Act, any rule | ||||||
10 | or regulation adopted under this Act, any permit or term or | ||||||
11 | condition of a permit, or any Board order, as may be necessary | ||||||
12 | for the purposes of this Act. | ||||||
13 | (i) The Agency shall have authority to make | ||||||
14 | recommendations to the Board for the adoption of regulations | ||||||
15 | under Title VII of the Act. | ||||||
16 | (j) The Agency shall have the duty to represent the State | ||||||
17 | of Illinois in any and all matters pertaining to plans, | ||||||
18 | procedures, or negotiations for interstate compacts or other | ||||||
19 | governmental arrangements relating to environmental | ||||||
20 | protection. | ||||||
21 | (k) The Agency shall have the authority to accept, | ||||||
22 | receive, and administer on behalf of the State any grants, | ||||||
23 | gifts, loans, indirect cost reimbursements, or other funds | ||||||
24 | made available to the State from any source for purposes of | ||||||
25 | this Act or for air or water pollution control, public water | ||||||
26 | supply, solid waste disposal, noise abatement, or other |
| |||||||
| |||||||
1 | environmental protection activities, surveys, or programs. Any | ||||||
2 | federal funds received by the Agency pursuant to this | ||||||
3 | subsection shall be deposited in a trust fund with the State | ||||||
4 | Treasurer and held and disbursed by him in accordance with | ||||||
5 | Treasurer as Custodian of Funds Act, provided that such monies | ||||||
6 | shall be used only for the purposes for which they are | ||||||
7 | contributed and any balance remaining shall be returned to the | ||||||
8 | contributor. | ||||||
9 | The Agency is authorized to promulgate such regulations | ||||||
10 | and enter into such contracts as it may deem necessary for | ||||||
11 | carrying out the provisions of this subsection. | ||||||
12 | (l) The Agency is hereby designated as water pollution | ||||||
13 | agency for the state for all purposes of the Federal Water | ||||||
14 | Pollution Control Act, as amended; as implementing agency for | ||||||
15 | the State for all purposes of the Safe Drinking Water Act, | ||||||
16 | Public Law 93-523, as now or hereafter amended, except Section | ||||||
17 | 1425 of that Act; as air pollution agency for the state for all | ||||||
18 | purposes of the Clean Air Act of 1970, Public Law 91-604, | ||||||
19 | approved December 31, 1970, as amended; and as solid waste | ||||||
20 | agency for the state for all purposes of the Solid Waste | ||||||
21 | Disposal Act, Public Law 89-272, approved October 20, 1965, | ||||||
22 | and amended by the Resource Recovery Act of 1970, Public Law | ||||||
23 | 91-512, approved October 26, 1970, as amended, and amended by | ||||||
24 | the Resource Conservation and Recovery Act of 1976, (P.L. | ||||||
25 | 94-580) approved October 21, 1976, as amended; as noise | ||||||
26 | control agency for the state for all purposes of the Noise |
| |||||||
| |||||||
1 | Control Act of 1972, Public Law 92-574, approved October 27, | ||||||
2 | 1972, as amended; and as implementing agency for the State for | ||||||
3 | all purposes of the Comprehensive Environmental Response, | ||||||
4 | Compensation, and Liability Act of 1980 (P.L. 96-510), as | ||||||
5 | amended; and otherwise as pollution control agency for the | ||||||
6 | State pursuant to federal laws integrated with the foregoing | ||||||
7 | laws, for financing purposes or otherwise. The Agency is | ||||||
8 | hereby authorized to take all action necessary or appropriate | ||||||
9 | to secure to the State the benefits of such federal Acts, | ||||||
10 | provided that the Agency shall transmit to the United States | ||||||
11 | without change any standards adopted by the Pollution Control | ||||||
12 | Board pursuant to Section 5(c) of this Act. This subsection | ||||||
13 | (l) of Section 4 shall not be construed to bar or prohibit the | ||||||
14 | Environmental Protection Trust Fund Commission from accepting, | ||||||
15 | receiving, and administering on behalf of the State any | ||||||
16 | grants, gifts, loans or other funds for which the Commission | ||||||
17 | is eligible pursuant to the Environmental Protection Trust | ||||||
18 | Fund Act. The Agency is hereby designated as the State agency | ||||||
19 | for all purposes of administering the requirements of Section | ||||||
20 | 313 of the federal Emergency Planning and Community | ||||||
21 | Right-to-Know Act of 1986. | ||||||
22 | Any municipality, sanitary district, or other political | ||||||
23 | subdivision, or any Agency of the State or interstate Agency, | ||||||
24 | which makes application for loans or grants under such federal | ||||||
25 | Acts shall notify the Agency of such application; the Agency | ||||||
26 | may participate in proceedings under such federal Acts. |
| |||||||
| |||||||
1 | (m) The Agency shall have authority, consistent with | ||||||
2 | Section 5(c) and other provisions of this Act, and for | ||||||
3 | purposes of Section 303(e) of the Federal Water Pollution | ||||||
4 | Control Act, as now or hereafter amended, to engage in | ||||||
5 | planning processes and activities and to develop plans in | ||||||
6 | cooperation with units of local government, state agencies and | ||||||
7 | officers, and other appropriate persons in connection with the | ||||||
8 | jurisdiction or duties of each such unit, agency, officer or | ||||||
9 | person. Public hearings shall be held on the planning process, | ||||||
10 | at which any person shall be permitted to appear and be heard, | ||||||
11 | pursuant to procedural regulations promulgated by the Agency. | ||||||
12 | (n) In accordance with the powers conferred upon the | ||||||
13 | Agency by Sections 10(g), 13(b), 19, 22(d) and 25 of this Act, | ||||||
14 | the Agency shall have authority to establish and enforce | ||||||
15 | minimum standards for the operation of laboratories relating | ||||||
16 | to analyses and laboratory tests for air pollution, water | ||||||
17 | pollution, noise emissions, contaminant discharges onto land | ||||||
18 | and sanitary, chemical, and mineral quality of water | ||||||
19 | distributed by a public water supply. The Agency may enter | ||||||
20 | into formal working agreements with other departments or | ||||||
21 | agencies of state government under which all or portions of | ||||||
22 | this authority may be delegated to the cooperating department | ||||||
23 | or agency. | ||||||
24 | (o) The Agency shall have the authority to issue | ||||||
25 | certificates of competency to persons and laboratories meeting | ||||||
26 | the minimum standards established by the Agency in accordance |
| |||||||
| |||||||
1 | with Section 4(n) of this Act and to promulgate and enforce | ||||||
2 | regulations relevant to the issuance and use of such | ||||||
3 | certificates. The Agency may enter into formal working | ||||||
4 | agreements with other departments or agencies of state | ||||||
5 | government under which all or portions of this authority may | ||||||
6 | be delegated to the cooperating department or agency. | ||||||
7 | (p) Except as provided in Section 17.7, the Agency shall | ||||||
8 | have the duty to analyze samples as required from each public | ||||||
9 | water supply to determine compliance with the contaminant | ||||||
10 | levels specified by the Pollution Control Board. The maximum | ||||||
11 | number of samples which the Agency shall be required to | ||||||
12 | analyze for microbiological quality shall be 6 per month, but | ||||||
13 | the Agency may, at its option, analyze a larger number each | ||||||
14 | month for any supply. Results of sample analyses for | ||||||
15 | additional required bacteriological testing, turbidity, | ||||||
16 | residual chlorine and radionuclides are to be provided to the | ||||||
17 | Agency in accordance with Section 19. Owners of water supplies | ||||||
18 | may enter into agreements with the Agency to provide for | ||||||
19 | reduced Agency participation in sample analyses. | ||||||
20 | (q) The Agency shall have the authority to provide notice | ||||||
21 | to any person who may be liable pursuant to Section 22.2(f) of | ||||||
22 | this Act for a release or a substantial threat of a release of | ||||||
23 | a hazardous substance or pesticide. Such notice shall include | ||||||
24 | the identified response action and an opportunity for such | ||||||
25 | person to perform the response action. | ||||||
26 | (r) The Agency may enter into written delegation |
| |||||||
| |||||||
1 | agreements with any unit of local government under which it | ||||||
2 | may delegate all or portions of its inspecting, investigating | ||||||
3 | and enforcement functions. Such delegation agreements shall | ||||||
4 | require that work performed thereunder be in accordance with | ||||||
5 | Agency criteria and subject to Agency review. Notwithstanding | ||||||
6 | any other provision of law to the contrary, no unit of local | ||||||
7 | government shall be liable for any injury resulting from the | ||||||
8 | exercise of its authority pursuant to such a delegation | ||||||
9 | agreement unless the injury is proximately caused by the | ||||||
10 | willful and wanton negligence of an agent or employee of the | ||||||
11 | unit of local government, and any policy of insurance coverage | ||||||
12 | issued to a unit of local government may provide for the denial | ||||||
13 | of liability and the nonpayment of claims based upon injuries | ||||||
14 | for which the unit of local government is not liable pursuant | ||||||
15 | to this subsection (r). | ||||||
16 | (s) The Agency shall have authority to take whatever | ||||||
17 | preventive or corrective action is necessary or appropriate, | ||||||
18 | including but not limited to expenditure of monies | ||||||
19 | appropriated from the Build Illinois Bond Fund for removal or | ||||||
20 | remedial action, whenever any hazardous substance or pesticide | ||||||
21 | is released or there is a substantial threat of such a release | ||||||
22 | into the environment. The State, the Director, and any State | ||||||
23 | employee shall be indemnified for any damages or injury | ||||||
24 | arising out of or resulting from any action taken under this | ||||||
25 | subsection. The Director of the Agency is authorized to enter | ||||||
26 | into such contracts and agreements as are necessary to carry |
| |||||||
| |||||||
1 | out the Agency's duties under this subsection. | ||||||
2 | (t) The Agency shall have authority to distribute grants, | ||||||
3 | subject to appropriation by the General Assembly, to units of | ||||||
4 | local government for financing and construction of wastewater | ||||||
5 | facilities in both incorporated and unincorporated areas. With | ||||||
6 | respect to all monies appropriated from the Build Illinois | ||||||
7 | Bond Fund for wastewater facility grants, the Agency shall | ||||||
8 | make distributions in conformity with the rules and | ||||||
9 | regulations established pursuant to the Anti-Pollution Bond | ||||||
10 | Act (now repealed) or the General Obligation Bond Act , as now | ||||||
11 | or hereafter amended . | ||||||
12 | (u) Pursuant to the Illinois Administrative Procedure Act, | ||||||
13 | the Agency shall have the authority to adopt such rules as are | ||||||
14 | necessary or appropriate for the Agency to implement Section | ||||||
15 | 31.1 of this Act. | ||||||
16 | (v) (Blank.) | ||||||
17 | (w) Neither the State, nor the Director, nor the Board, | ||||||
18 | nor any State employee shall be liable for any damages or | ||||||
19 | injury arising out of or resulting from any action taken under | ||||||
20 | subsection (s). | ||||||
21 | (x)(1) The Agency shall have authority to distribute | ||||||
22 | grants, subject to appropriation by the General Assembly, to | ||||||
23 | units of local government for financing and construction of | ||||||
24 | public water supply facilities. With respect to all monies | ||||||
25 | appropriated from the Build Illinois Bond Fund for public | ||||||
26 | water supply grants, such grants shall be made in accordance |
| |||||||
| |||||||
1 | with rules promulgated by the Agency. Such rules shall include | ||||||
2 | a requirement for a local match of 30% of the total project | ||||||
3 | cost for projects funded through such grants. | ||||||
4 | (2) The Agency shall not terminate a grant to a unit of | ||||||
5 | local government for the financing and construction of public | ||||||
6 | water supply facilities unless and until the Agency adopts | ||||||
7 | rules that set forth precise and complete standards, pursuant | ||||||
8 | to Section 5-20 of the Illinois Administrative Procedure Act, | ||||||
9 | for the termination of such grants. The Agency shall not make | ||||||
10 | determinations on whether specific grant conditions are | ||||||
11 | necessary to ensure the integrity of a project or on whether | ||||||
12 | subagreements shall be awarded, with respect to grants for the | ||||||
13 | financing and construction of public water supply facilities, | ||||||
14 | unless and until the Agency adopts rules that set forth | ||||||
15 | precise and complete standards, pursuant to Section 5-20 of | ||||||
16 | the Illinois Administrative Procedure Act, for making such | ||||||
17 | determinations. The Agency shall not issue a stop-work order | ||||||
18 | in relation to such grants unless and until the Agency adopts | ||||||
19 | precise and complete standards, pursuant to Section 5-20 of | ||||||
20 | the Illinois Administrative Procedure Act, for determining | ||||||
21 | whether to issue a stop-work order. | ||||||
22 | (y) The Agency shall have authority to release any person | ||||||
23 | from further responsibility for preventive or corrective | ||||||
24 | action under this Act following successful completion of | ||||||
25 | preventive or corrective action undertaken by such person upon | ||||||
26 | written request by the person. |
| |||||||
| |||||||
1 | (z) To the extent permitted by any applicable federal law | ||||||
2 | or regulation, for all work performed for State construction | ||||||
3 | projects which are funded in whole or in part by a capital | ||||||
4 | infrastructure bill enacted by the 96th General Assembly by | ||||||
5 | sums appropriated to the Environmental Protection Agency, at | ||||||
6 | least 50% of the total labor hours must be performed by actual | ||||||
7 | residents of the State of Illinois. For purposes of this | ||||||
8 | subsection, "actual residents of the State of Illinois" means | ||||||
9 | persons domiciled in the State of Illinois. The Department of | ||||||
10 | Labor shall promulgate rules providing for the enforcement of | ||||||
11 | this subsection. | ||||||
12 | (aa) The Agency may adopt rules requiring the electronic | ||||||
13 | submission of any information required to be submitted to the | ||||||
14 | Agency pursuant to any State or federal law or regulation or | ||||||
15 | any court or Board order. Any rules adopted under this | ||||||
16 | subsection (aa) must include, but are not limited to, | ||||||
17 | identification of the information to be submitted | ||||||
18 | electronically. | ||||||
19 | (Source: P.A. 102-1071, eff. 6-10-22; 102-1115, eff. 1-9-23.) | ||||||
20 | Section 15-70. The Illinois Highway Code is amended by | ||||||
21 | changing Section 3-107 as follows: | ||||||
22 | (605 ILCS 5/3-107) (from Ch. 121, par. 3-107) | ||||||
23 | Sec. 3-107. Whenever in the judgment of the Department it | ||||||
24 | is necessary as an incident to the construction of a project on |
| |||||||
| |||||||
1 | the National System of Interstate and Defense Highways, | ||||||
2 | including extensions thereof within urban areas, or any State | ||||||
3 | highway constructed under the provisions of Section 2 of the | ||||||
4 | " Transportation Bond Act (now repealed) or Section 4 of the | ||||||
5 | General Obligation Bond Act ", approved July 2, 1971, as now or | ||||||
6 | hereafter amended , to relocate utility facilities, wherever | ||||||
7 | located and whenever constructed, the cost of such relocation | ||||||
8 | may be deemed to be one of the costs of constructing such | ||||||
9 | project and the Department may, on behalf of the State, pay | ||||||
10 | such costs. For the purposes of this Section, the term | ||||||
11 | "utility" includes publicly, municipally, privately, and | ||||||
12 | cooperatively owned utilities; the term "cost of such | ||||||
13 | relocation" includes the entire amount paid by such utility | ||||||
14 | properly attributable to such relocation after deducting | ||||||
15 | therefrom any increase in the value of the new facility and any | ||||||
16 | salvage value derived from the old facility; and the term | ||||||
17 | "National System of Interstate and Defense Highways" includes | ||||||
18 | any highway which now is or shall hereafter be a part of the | ||||||
19 | National System of Interstate and Defense Highways, as | ||||||
20 | provided in the Federal Aid Highway Act of 1956, and any acts | ||||||
21 | supplemental thereto or amendatory thereof. | ||||||
22 | (Source: P.A. 77-2752 .)". |