093_SB0617

 
                                     LRB093 09753 DRH 09995 b

 1        AN ACT in relation to finance.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The State Finance Act is amended by changing
 5    Section 8.3 as follows:

 6        (30 ILCS 105/8.3) (from Ch. 127, par. 144.3)
 7        Sec. 8.3.  Money in the Road Fund shall, if and when  the
 8    State  of  Illinois  incurs  any  bonded indebtedness for the
 9    construction of permanent highways, be set aside and used for
10    the purpose of paying and discharging annually the  principal
11    and  interest  on  that  bonded  indebtedness  then  due  and
12    payable,  and  for no other purpose.  The surplus, if any, in
13    the Road Fund after the payment of principal and interest  on
14    that  bonded  indebtedness then annually due shall be used as
15    follows:
16             first --  to  pay  the  cost  of  administration  of
17        Chapters  2  through  10  of  the  Illinois Vehicle Code,
18        except the cost of administration of Articles I and II of
19        Chapter 3 of that Code; and
20             secondly  --  for  expenses  of  the  Department  of
21        Transportation    for    construction,    reconstruction,
22        improvement,   repair,   maintenance,   operation,    and
23        administration   of   highways  in  accordance  with  the
24        provisions of laws relating thereto, or for  any  purpose
25        related or incident to and connected therewith, including
26        the separation of grades of those highways with railroads
27        and  with  highways  and  including the payment of awards
28        made by the Industrial Commission under the terms of  the
29        Workers'   Compensation   Act  or  Workers'  Occupational
30        Diseases Act for injury or death of an  employee  of  the
31        Division of Highways in the Department of Transportation;
 
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 1        or  for  the  acquisition  of  land  and  the erection of
 2        buildings for highway purposes, including the acquisition
 3        of  highway  right-of-way  or   for   investigations   to
 4        determine   the  reasonably  anticipated  future  highway
 5        needs; or for making of  surveys,  plans,  specifications
 6        and estimates for and in the construction and maintenance
 7        of  flight  strips  and  of highways necessary to provide
 8        access to military and  naval  reservations,  to  defense
 9        industries and defense-industry sites, and to the sources
10        of  raw materials and for replacing existing highways and
11        highway connections shut off from general public  use  at
12        military  and  naval  reservations  and  defense-industry
13        sites,  or  for the purchase of right-of-way, except that
14        the State shall be reimbursed in  full  for  any  expense
15        incurred  in  building  the  flight  strips;  or  for the
16        operating and maintaining  of  highway  garages;  or  for
17        patrolling   and   policing   the   public  highways  and
18        conserving the peace; or for any of those purposes or any
19        other purpose that may be provided by law.
20        Appropriations for any of those purposes are payable from
21    the Road Fund.  Appropriations may also be made from the Road
22    Fund for the administrative expenses of any State agency that
23    are related to motor vehicles or arise from the use of  motor
24    vehicles.
25        Beginning  with  fiscal year 1980 and thereafter, no Road
26    Fund  monies  shall  be   appropriated   to   the   following
27    Departments    or    agencies   of   State   government   for
28    administration, grants, or operations; but this limitation is
29    not a restriction upon appropriating for those  purposes  any
30    Road Fund monies that are eligible for federal reimbursement;
31             1.  Department of Public Health;
32             2.  Department  of Transportation, only with respect
33        to subsidies for one-half fare Student Transportation and
34        Reduced Fare for Elderly;
 
                            -3-      LRB093 09753 DRH 09995 b
 1             3.  Department  of  Central   Management   Services,
 2        except  for  expenditures  incurred  for  group insurance
 3        premiums of appropriate personnel;
 4             4.  Judicial Systems and Agencies.
 5        Beginning with fiscal year 1981 and thereafter,  no  Road
 6    Fund   monies   shall   be   appropriated  to  the  following
 7    Departments   or   agencies   of   State    government    for
 8    administration, grants, or operations; but this limitation is
 9    not  a  restriction upon appropriating for those purposes any
10    Road Fund monies that are eligible for federal reimbursement:
11             1.  Department   of   State   Police,   except   for
12        expenditures with respect to the Division of Operations;
13             2.  Department of Transportation, only with  respect
14        to Intercity Rail Subsidies and Rail Freight Services.
15        Beginning  with  fiscal year 1982 and thereafter, no Road
16    Fund  monies  shall  be   appropriated   to   the   following
17    Departments    or    agencies   of   State   government   for
18    administration, grants, or operations; but this limitation is
19    not a restriction upon appropriating for those  purposes  any
20    Road Fund monies that are eligible for federal reimbursement:
21    Department  of Central Management Services, except for awards
22    made by the Industrial 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
27    Fund  monies  shall  be   appropriated   to   the   following
28    Departments    or    agencies   of   State   government   for
29    administration, grants, or operations; but this limitation is
30    not a restriction upon appropriating for those  purposes  any
31    Road Fund monies that are eligible for federal reimbursement:
32             1.  Department of State Police, except not more than
33        40%  of  the  funds  appropriated  for  the  Division  of
34        Operations;
 
                            -4-      LRB093 09753 DRH 09995 b
 1             2.  State Officers.
 2        Beginning  with  fiscal year 1984 and thereafter, no Road
 3    Fund monies shall be appropriated to any Department or agency
 4    of State government for administration, grants, or operations
 5    except as provided hereafter; but this limitation  is  not  a
 6    restriction  upon  appropriating  for those purposes any Road
 7    Fund monies that are eligible for federal reimbursement.   It
 8    shall  not  be  lawful  to circumvent the above appropriation
 9    limitations by governmental reorganization or other  methods.
10    Appropriations  shall  be  made  from  the  Road Fund only in
11    accordance with the provisions of this Section.
12        Money in the Road Fund shall, if and when  the  State  of
13    Illinois  incurs any bonded indebtedness for the construction
14    of permanent highways, be set aside and used for the  purpose
15    of  paying   and  discharging  during  each  fiscal  year the
16    principal and interest on  that  bonded  indebtedness  as  it
17    becomes  due  and  payable  as provided in the Transportation
18    Bond Act, and for no other purpose.  The surplus, if any,  in
19    the  Road Fund after the payment of principal and interest on
20    that bonded indebtedness then annually due shall be  used  as
21    follows:
22             first  --  to  pay  the  cost  of  administration of
23        Chapters 2 through 10 of the Illinois Vehicle Code; and
24             secondly -- no Road Fund monies derived  from  fees,
25        excises,  or  license  taxes  relating  to  registration,
26        operation  and  use  of vehicles on public highways or to
27        fuels used for the propulsion of those vehicles, shall be
28        appropriated  or  expended  other  than  for   costs   of
29        administering  the laws imposing those fees, excises, and
30        license taxes, statutory refunds and adjustments  allowed
31        thereunder,  administrative  costs  of  the Department of
32        Transportation, payment of debts and liabilities incurred
33        in construction and reconstruction of public highways and
34        bridges, acquisition of rights-of-way for and the cost of
 
                            -5-      LRB093 09753 DRH 09995 b
 1        construction, reconstruction,  maintenance,  repair,  and
 2        operation  of  public  highways  and  bridges  under  the
 3        direction   and   supervision  of  the  State,  political
 4        subdivision, or municipality collecting those monies, and
 5        the costs for patrolling and policing the public highways
 6        (by  State,  political   subdivision,   or   municipality
 7        collecting  that  money) for enforcement of traffic laws.
 8        The separation of grades of such highways with  railroads
 9        and  costs associated with protection of at-grade highway
10        and railroad crossing shall 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  Department  of  State  Police  for the
17    purposes of this Section in excess of its total  fiscal  year
18    1990  Road  Fund  appropriations  for  those  purposes unless
19    otherwise provided in Section 5g of this Act. For fiscal year
20    2003 only, no Road Fund monies shall be appropriated  to  the
21    Department  of  State Police for the purposes of this Section
22    in excess of $97,310,000. For fiscal year 2004 only, no  Road
23    Fund  moneys shall be appropriated to the Department of State
24    Police  for  the  purposes  of  this  Section  in  excess  of
25    $52,733,200. It  shall  not  be  lawful  to  circumvent  this
26    limitation  on  appropriations by governmental reorganization
27    or other methods unless otherwise provided in Section  5g  of
28    this Act.
29        In  fiscal  year  1994,  no  Road  Fund  monies  shall be
30    appropriated to the Secretary of State for  the  purposes  of
31    this  Section  in  excess  of the total fiscal year 1991 Road
32    Fund appropriations to  the  Secretary  of  State  for  those
33    purposes,  plus  $9,800,000.   It  shall  not  be  lawful  to
34    circumvent  this limitation on appropriations by governmental
 
                            -6-      LRB093 09753 DRH 09995 b
 1    reorganization or other method.
 2        Beginning with fiscal year 1995 and thereafter,  no  Road
 3    Fund  monies  shall be appropriated to the Secretary of State
 4    for the purposes of this  Section  in  excess  of  the  total
 5    fiscal year 1994 Road Fund appropriations to the Secretary of
 6    State   for  those  purposes.  It  shall  not  be  lawful  to
 7    circumvent this limitation on appropriations by  governmental
 8    reorganization or other methods.
 9        Beginning   with   fiscal  year  2000,  total  Road  Fund
10    appropriations to the Secretary of State for the purposes  of
11    this  Section  shall not exceed the amounts specified for the
12    following fiscal years:
13             Fiscal Year 2000                        $80,500,000;
14             Fiscal Year 2001                        $80,500,000;
15             Fiscal Year 2002                        $80,500,000;
16             Fiscal Year 2003                        $130,500,000;
17             Fiscal Year 2004                        $80,500,000;
18             Fiscal Year 2005                        $64,400,000;
19             Fiscal Year 2006                        $48,300,000;
20             Fiscal Year 2007                        $32,200,000;
21             Fiscal Year 2008                        $16,100,000;
22             Ficsal Year 2009                        $10,000,000;
23             Fiscal Year 2010 2004 and
24               each year thereafter                  $0 $30,500,000.
25        It shall not be lawful to circumvent this  limitation  on
26    appropriations   by   governmental  reorganization  or  other
27    methods.
28        No new program may be initiated in fiscal year  1991  and
29    thereafter  that  is  not  consistent  with  the  limitations
30    imposed  by this Section for fiscal year 1984 and thereafter,
31    insofar as appropriation of Road Fund monies is concerned.
32        Nothing in this Section prohibits transfers from the Road
33    Fund to the State Construction Account Fund under Section  5e
34    of this Act.
 
                            -7-      LRB093 09753 DRH 09995 b
 1        The additional amounts authorized for expenditure in this
 2    Section  by  this 2mendatory Act of the 92nd General Assembly
 3    shall be repaid to the Road Fund  from  the  General  Revenue
 4    Fund  in  the  next  succeeding  fiscal year that the General
 5    Revenue Fund has a positive budgetary balance, as  determined
 6    by  generally  accepted  accounting  principles applicable to
 7    government.
 8        Beginning with fiscal year 2005 and thereafter,  no  Road
 9    Fund  moneys may be appropriated to the Department of Central
10    Management Services, the Department of  Employment  Security,
11    the  Department of Revenue, the Court of Claims, or any other
12    State agency (other than the Department of State  Police  and
13    the Department of Transportation and, until fiscal year 2010,
14    the  Secretary  of  State)  for the purposes of this Section.
15    Appropriations to those entities for  those  purposes  shall,
16    instead, be made from the General Revenue Fund.  It shall not
17    be  lawful to circumvent this limitation on appropriations by
18    governmental reorganization or  other  methods.   Nothing  in
19    this paragraph prohibits appropriations from the Road Fund to
20    the  Department  of  State  Police  for  the  purposes of the
21    highway patrol budget only.
22        Beginning with fiscal year 2010 and thereafter,  no  Road
23    Fund moneys may be appropriated to the Secretary of State for
24    the   purposes  of  this  Section.    Appropriations  to  the
25    Secretary of State for those purposes shall, instead, be made
26    from the General Revenue Fund.  Is shall  not  be  lawful  to
27    circumvent  this limitation on appropriations by governmental
28    reorganization or other methods.
29    (Source: P.A.  91-37,  eff.  7-1-99;  91-760,  eff.   1-1-01;
30    92-600, eff. 6-28-02.)

31        Section  99.  Effective date.  This Act takes effect July
32    1, 2003.