97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB0143

 

Introduced 1/27/2011, by Sen. Martin A. Sandoval

 

SYNOPSIS AS INTRODUCED:
 
30 ILCS 105/8.3  from Ch. 127, par. 144.3

    Amends the State Finance Act. Provides that 30% of the total amount deposited into the Road Fund shall be appropriated to the Department of Transportation to be used for projects in Cook County.


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FISCAL NOTE ACT MAY APPLY

 

 

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. In a fiscal year, 30% of the total amount
8deposited into the Road Fund shall be appropriated to the
9Illinois Department of Transportation to be used for projects
10in Cook County. The remainder of the money Money in the Road
11Fund shall, if and when the State of Illinois incurs any bonded
12indebtedness for the construction of permanent highways, be set
13aside and used for the purpose of paying and discharging
14annually the principal and interest on that bonded indebtedness
15then due and payable, and for no other purpose. The surplus, if
16any, in the Road Fund after the appropriation to the Illinois
17Department of Transportation and the payment of principal and
18interest on that bonded indebtedness then annually due shall be
19used as follows:
20        first -- to pay the cost of administration of Chapters
21    2 through 10 of the Illinois Vehicle Code, except the cost
22    of administration of Articles I and II of Chapter 3 of that
23    Code; and

 

 

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1        secondly -- for expenses of the Department of
2    Transportation for construction, reconstruction,
3    improvement, repair, maintenance, operation, and
4    administration of highways in accordance with the
5    provisions of laws relating thereto, or for any purpose
6    related or incident to and connected therewith, including
7    the separation of grades of those highways with railroads
8    and with highways and including the payment of awards made
9    by the Illinois Workers' Compensation Commission under the
10    terms of the Workers' Compensation Act or Workers'
11    Occupational Diseases Act for injury or death of an
12    employee of the Division of Highways in the Department of
13    Transportation; or for the acquisition of land and the
14    erection of buildings for highway purposes, including the
15    acquisition of highway right-of-way or for investigations
16    to determine the reasonably anticipated future highway
17    needs; or for making of surveys, plans, specifications and
18    estimates for and in the construction and maintenance of
19    flight strips and of highways necessary to provide access
20    to military and naval reservations, to defense industries
21    and defense-industry sites, and to the sources of raw
22    materials and for replacing existing highways and highway
23    connections shut off from general public use at military
24    and naval reservations and defense-industry sites, or for
25    the purchase of right-of-way, except that the State shall
26    be reimbursed in full for any expense incurred in building

 

 

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1    the flight strips; or for the operating and maintaining of
2    highway garages; or for patrolling and policing the public
3    highways and conserving the peace; or for the operating
4    expenses of the Department relating to the administration
5    of public transportation programs; or for any of those
6    purposes or any other purpose that may be provided by law.
7    Appropriations for any of those purposes are payable from
8the Road Fund. Appropriations may also be made from the Road
9Fund for the administrative expenses of any State agency that
10are related to motor vehicles or arise from the use of motor
11vehicles.
12    Beginning with fiscal year 1980 and thereafter, no Road
13Fund monies shall be appropriated to the following Departments
14or agencies of State government for administration, grants, or
15operations; but this limitation is not a restriction upon
16appropriating for those purposes any Road Fund monies that are
17eligible for federal reimbursement;
18        1. Department of Public Health;
19        2. Department of Transportation, only with respect to
20    subsidies for one-half fare Student Transportation and
21    Reduced Fare for Elderly;
22        3. Department of Central Management Services, except
23    for expenditures incurred for group insurance premiums of
24    appropriate personnel;
25        4. Judicial Systems and Agencies.
26    Beginning with fiscal year 1981 and thereafter, no Road

 

 

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1Fund monies shall be appropriated to the following Departments
2or agencies of State government for administration, grants, or
3operations; but this limitation is not a restriction upon
4appropriating for those purposes any Road Fund monies that are
5eligible for federal reimbursement:
6        1. Department of State Police, except for expenditures
7    with respect to the Division of Operations;
8        2. Department of Transportation, only with respect to
9    Intercity Rail Subsidies and Rail Freight Services.
10    Beginning with fiscal year 1982 and thereafter, no Road
11Fund monies shall be appropriated to the following Departments
12or agencies of State government for administration, grants, or
13operations; but this limitation is not a restriction upon
14appropriating for those purposes any Road Fund monies that are
15eligible for federal reimbursement: Department of Central
16Management Services, except for awards made by the Illinois
17Workers' Compensation Commission under the terms of the
18Workers' Compensation Act or Workers' Occupational Diseases
19Act for injury or death of an employee of the Division of
20Highways in the Department of Transportation.
21    Beginning with fiscal year 1984 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 State Police, except not more than 40%
2    of the funds appropriated for the Division of Operations;
3        2. State Officers.
4    Beginning with fiscal year 1984 and thereafter, no Road
5Fund monies shall be appropriated to any Department or agency
6of State government for administration, grants, or operations
7except as provided hereafter; but this limitation is not a
8restriction upon appropriating for those purposes any Road Fund
9monies that are eligible for federal reimbursement. It shall
10not be lawful to circumvent the above appropriation limitations
11by governmental reorganization or other methods.
12Appropriations shall be made from the Road Fund only in
13accordance with the provisions of this Section.
14    In a fiscal year, 30% of the total amount deposited into
15the Road Fund shall be appropriated to the Illinois Department
16of Transportation to be used for projects in Cook County. The
17remainder of the money Money in the Road Fund shall, if and
18when the State of Illinois incurs any bonded indebtedness for
19the construction of permanent highways, be set aside and used
20for the purpose of paying and discharging during each fiscal
21year the principal and interest on that bonded indebtedness as
22it becomes due and payable as provided in the Transportation
23Bond Act, and for no other purpose. The surplus, if any, in the
24Road Fund after the appropriation to the Illinois Department of
25Transportation and the payment of principal and interest on
26that bonded indebtedness then annually due shall be used as

 

 

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1follows:
2        first -- to pay the cost of administration of Chapters
3    2 through 10 of the Illinois Vehicle Code; and
4        secondly -- no Road Fund monies derived from fees,
5    excises, or license taxes relating to registration,
6    operation and use of vehicles on public highways or to
7    fuels used for the propulsion of those vehicles, shall be
8    appropriated or expended other than for costs of
9    administering the laws imposing those fees, excises, and
10    license taxes, statutory refunds and adjustments allowed
11    thereunder, administrative costs of the Department of
12    Transportation, including, but not limited to, the
13    operating expenses of the Department relating to the
14    administration of public transportation programs, payment
15    of debts and liabilities incurred in construction and
16    reconstruction of public highways and bridges, acquisition
17    of rights-of-way for and the cost of construction,
18    reconstruction, maintenance, repair, and operation of
19    public highways and bridges under the direction and
20    supervision of the State, political subdivision, or
21    municipality collecting those monies, and the costs for
22    patrolling and policing the public highways (by State,
23    political subdivision, or municipality collecting that
24    money) for enforcement of traffic laws. The separation of
25    grades of such highways with railroads and costs associated
26    with protection of at-grade highway and railroad crossing

 

 

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1    shall also be permissible.
2    Appropriations for any of such purposes are payable from
3the Road Fund or the Grade Crossing Protection Fund as provided
4in Section 8 of the Motor Fuel Tax Law.
5    Except as provided in this paragraph, beginning with fiscal
6year 1991 and thereafter, no Road Fund monies shall be
7appropriated to the Department of State Police for the purposes
8of this Section in excess of its total fiscal year 1990 Road
9Fund appropriations for those purposes unless otherwise
10provided in Section 5g of this Act. For fiscal years 2003,
112004, 2005, 2006, and 2007 only, no Road Fund monies shall be
12appropriated to the Department of State Police for the purposes
13of this Section in excess of $97,310,000. For fiscal year 2008
14only, no Road Fund monies shall be appropriated to the
15Department of State Police for the purposes of this Section in
16excess of $106,100,000. For fiscal year 2009 only, no Road Fund
17monies shall be appropriated to the Department of State Police
18for the purposes of this Section in excess of $114,700,000.
19Beginning in fiscal year 2010, no road fund moneys shall be
20appropriated to the Department of State Police. It shall not be
21lawful to circumvent this limitation on appropriations by
22governmental reorganization or other methods unless otherwise
23provided in Section 5g of this Act.
24    In fiscal year 1994, no Road Fund monies shall be
25appropriated to the Secretary of State for the purposes of this
26Section in excess of the total fiscal year 1991 Road Fund

 

 

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1appropriations to the Secretary of State for those purposes,
2plus $9,800,000. It shall not be lawful to circumvent this
3limitation on appropriations by governmental reorganization or
4other method.
5    Beginning with fiscal year 1995 and thereafter, no Road
6Fund monies shall be appropriated to the Secretary of State for
7the purposes of this Section in excess of the total fiscal year
81994 Road Fund appropriations to the Secretary of State for
9those purposes. It shall not be lawful to circumvent this
10limitation on appropriations by governmental reorganization or
11other methods.
12    Beginning with fiscal year 2000, total Road Fund
13appropriations to the Secretary of State for the purposes of
14this Section shall not exceed the amounts specified for the
15following fiscal years:
16    Fiscal Year 2000$80,500,000;
17    Fiscal Year 2001$80,500,000;
18    Fiscal Year 2002$80,500,000;
19    Fiscal Year 2003$130,500,000;
20    Fiscal Year 2004$130,500,000;
21    Fiscal Year 2005$130,500,000;
22    Fiscal Year 2006 $130,500,000;
23    Fiscal Year 2007 $130,500,000;
24    Fiscal Year 2008$130,500,000;
25    Fiscal Year 2009 $130,500,000.
26    For fiscal year 2010, no road fund moneys shall be

 

 

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

 

 

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1Section by this amendatory Act of the 94th General Assembly
2shall be repaid to the Road Fund from the General Revenue Fund
3in the next succeeding fiscal year that the General Revenue
4Fund has a positive budgetary balance, as determined by
5generally accepted accounting principles applicable to
6government.
7(Source: P.A. 95-707, eff. 1-11-08; 95-744, eff. 7-18-08;
896-34, eff. 7-13-09; 96-959, eff. 7-1-10.)