Full Text of SB2288 95th General Assembly
SB2288sam004 95TH GENERAL ASSEMBLY
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Sen. John M. Sullivan
Filed: 5/8/2008
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09500SB2288sam004 |
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LRB095 19753 RCE 48566 a |
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| AMENDMENT TO SENATE BILL 2288
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| AMENDMENT NO. ______. Amend Senate Bill 2288 as follows:
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| on page 1, by replacing lines 7 and 8 with the following:
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| "Sections 5.710, 5.711, 5.712, 5.713, 5.714, 5.715, 6z-76, | 5 |
| 6z-77, 6z-78, and 6z-79 and by changing Section 8.3 as | 6 |
| follows:"; and | 7 |
| on page 1, immediately below line 19, by inserting the | 8 |
| following: | 9 |
| "(30 ILCS 105/5.715 new)
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| Sec. 5.715. The SOS/ISP Fund. "; and | 11 |
| on page 14, immediately below line 6, by inserting the | 12 |
| following: |
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| "(30 ILCS 105/6z-79 new)
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| Sec. 6z-79. The SOS/ISP Fund. | 3 |
| (a) The SOS/ISP Fund is created as a special fund in the | 4 |
| State treasury. Moneys in the Fund may be used only for the | 5 |
| purposes set forth in this Section. The SOS/ISP Fund is not | 6 |
| subject to sweeps, administrative charges or charge backs, such | 7 |
| as but not limited to those authorized under Section 8h, or any | 8 |
| other fiscal or budgetary maneuver that would in any way | 9 |
| transfer any funds from the SOS/ISP Fund into any other fund of | 10 |
| the State. | 11 |
| (b) On the first day of each month, or as soon thereafter | 12 |
| as possible, beginning on July 1, 2008, the Comptroller shall | 13 |
| order and the Treasurer shall transfer from the General Revenue | 14 |
| Fund to the SOS/ISP Fund one-twelfth of $136,600,000 together | 15 |
| with the amount of any deficiency in such transfers for | 16 |
| previous months. | 17 |
| (c) Moneys in the SOS/ISP Fund shall be appropriated by the | 18 |
| General Assembly as follows: 22.3% to the Secretary of State | 19 |
| and 77.7% to the Department of State Police. | 20 |
| (d) Moneys appropriated from the SOS/ISP Fund to the | 21 |
| Secretary of State and the Department of State Police must be | 22 |
| expended by each for the same purposes and subject to the same | 23 |
| limitations as set forth in Section 8.3 of this Act for | 24 |
| appropriations from the Road Fund for fiscal year 2008.
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| (30 ILCS 105/8.3) (from Ch. 127, par. 144.3)
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| Sec. 8.3. Money in the Road Fund shall, if and when the | 2 |
| State of
Illinois incurs any bonded indebtedness for the | 3 |
| construction of
permanent highways, be set aside and used for | 4 |
| the purpose of paying and
discharging annually the principal | 5 |
| and interest on that bonded
indebtedness then due and payable, | 6 |
| and for no other purpose. The
surplus, if any, in the Road Fund | 7 |
| after the payment of principal and
interest on that bonded | 8 |
| indebtedness then annually due shall be used as
follows:
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| first -- to pay the cost of administration of Chapters | 10 |
| 2 through 10 of
the Illinois Vehicle Code, except the cost | 11 |
| of administration of Articles I and
II of Chapter 3 of that | 12 |
| Code; and
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| secondly -- for expenses of the Department of | 14 |
| Transportation for
construction, reconstruction, | 15 |
| improvement, repair, maintenance,
operation, and | 16 |
| administration of highways in accordance with the
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| provisions of laws relating thereto, or for any purpose | 18 |
| related or
incident to and connected therewith, including | 19 |
| the separation of grades
of those highways with railroads | 20 |
| and with highways and including the
payment of awards made | 21 |
| by the Illinois Workers' Compensation Commission under the | 22 |
| terms of
the Workers' Compensation Act or Workers' | 23 |
| Occupational Diseases Act for
injury or death of an | 24 |
| employee of the Division of Highways in the
Department of | 25 |
| Transportation; or for the acquisition of land and the
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| erection of buildings for highway purposes, including the |
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| acquisition of
highway right-of-way or for investigations | 2 |
| to determine the reasonably
anticipated future highway | 3 |
| needs; or for making of surveys, plans,
specifications and | 4 |
| estimates for and in the construction and maintenance
of | 5 |
| flight strips and of highways necessary to provide access | 6 |
| to military
and naval reservations, to defense industries | 7 |
| and defense-industry
sites, and to the sources of raw | 8 |
| materials and for replacing existing
highways and highway | 9 |
| connections shut off from general public use at
military | 10 |
| and naval reservations and defense-industry sites, or for | 11 |
| the
purchase of right-of-way, except that the State shall | 12 |
| be reimbursed in
full for any expense incurred in building | 13 |
| the flight strips; or for the
operating and maintaining of | 14 |
| highway garages; or for patrolling and
policing the public | 15 |
| highways and conserving the peace; or for the operating | 16 |
| expenses of the Department relating to the administration | 17 |
| of public transportation programs; or for any of
those | 18 |
| purposes or any other purpose that may be provided by law.
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| Appropriations for any of those purposes are payable from | 20 |
| the Road
Fund. Appropriations may also be made from the Road | 21 |
| Fund for the
administrative expenses of any State agency that | 22 |
| are related to motor
vehicles or arise from the use of motor | 23 |
| vehicles.
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| Beginning with fiscal year 1980 and thereafter, no Road | 25 |
| Fund monies
shall be appropriated to the following Departments | 26 |
| or agencies of State
government for administration, grants, or |
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LRB095 19753 RCE 48566 a |
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| operations; but this
limitation is not a restriction upon | 2 |
| appropriating for those purposes any
Road Fund monies that are | 3 |
| eligible for federal reimbursement;
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| 1. Department of Public Health;
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| 2. Department of Transportation, only with respect to | 6 |
| subsidies for
one-half fare Student Transportation and | 7 |
| Reduced Fare for Elderly;
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| 3. Department of Central Management
Services, except | 9 |
| for expenditures
incurred for group insurance premiums of | 10 |
| appropriate personnel;
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| 4. Judicial Systems and Agencies.
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| Beginning with fiscal year 1981 and thereafter, no Road | 13 |
| Fund monies
shall be appropriated to the following Departments | 14 |
| or agencies of State
government for administration, grants, or | 15 |
| operations; but this
limitation is not a restriction upon | 16 |
| appropriating for those purposes any
Road Fund monies that are | 17 |
| eligible for federal reimbursement:
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| 1. Department of State Police, except for expenditures | 19 |
| with
respect to the Division of Operations;
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| 2. Department of Transportation, only with respect to | 21 |
| Intercity Rail
Subsidies and Rail Freight Services.
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| Beginning with fiscal year 1982 and thereafter, no Road | 23 |
| Fund monies
shall be appropriated to the following Departments | 24 |
| or agencies of State
government for administration, grants, or | 25 |
| operations; but this
limitation is not a restriction upon | 26 |
| appropriating for those purposes any
Road Fund monies that are |
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| eligible for federal reimbursement: Department
of Central | 2 |
| Management Services, except for awards made by
the Illinois | 3 |
| Workers' Compensation Commission under the terms of the | 4 |
| Workers' Compensation Act
or Workers' Occupational Diseases | 5 |
| Act for injury or death of an employee of
the Division of | 6 |
| Highways in the Department of Transportation.
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| Beginning with fiscal year 1984 and thereafter, no Road | 8 |
| Fund monies
shall be appropriated to the following Departments | 9 |
| or agencies of State
government for administration, grants, or | 10 |
| operations; but this
limitation is not a restriction upon | 11 |
| appropriating for those purposes any
Road Fund monies that are | 12 |
| eligible for federal reimbursement:
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| 1. Department of State Police, except not more than 40% | 14 |
| of the
funds appropriated for the Division of Operations;
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| 2. State Officers.
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| Beginning with fiscal year 1984 and thereafter, no Road | 17 |
| Fund monies
shall be appropriated to any Department or agency | 18 |
| of State government
for administration, grants, or operations | 19 |
| except as provided hereafter;
but this limitation is not a | 20 |
| restriction upon appropriating for those
purposes any Road Fund | 21 |
| monies that are eligible for federal
reimbursement. It shall | 22 |
| not be lawful to circumvent the above
appropriation limitations | 23 |
| by governmental reorganization or other
methods. | 24 |
| Appropriations shall be made from the Road Fund only in
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| accordance with the provisions of this Section.
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| Money in the Road Fund shall, if and when the State of |
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LRB095 19753 RCE 48566 a |
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| Illinois
incurs any bonded indebtedness for the construction of | 2 |
| permanent
highways, be set aside and used for the purpose of | 3 |
| paying and
discharging during each fiscal year the principal | 4 |
| and interest on that
bonded indebtedness as it becomes due and | 5 |
| payable as provided in the
Transportation Bond Act, and for no | 6 |
| other
purpose. The surplus, if any, in the Road Fund after the | 7 |
| payment of
principal and interest on that bonded indebtedness | 8 |
| then annually due
shall be used as follows:
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| first -- to pay the cost of administration of Chapters | 10 |
| 2 through 10
of the Illinois Vehicle Code; and
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| secondly -- no Road Fund monies derived from fees, | 12 |
| excises, or
license taxes relating to registration, | 13 |
| operation and use of vehicles on
public highways or to | 14 |
| fuels used for the propulsion of those vehicles,
shall be | 15 |
| appropriated or expended other than for costs of | 16 |
| administering
the laws imposing those fees, excises, and | 17 |
| license taxes, statutory
refunds and adjustments allowed | 18 |
| thereunder, administrative costs of the
Department of | 19 |
| Transportation, including, but not limited to, the | 20 |
| operating expenses of the Department relating to the | 21 |
| administration of public transportation programs, payment | 22 |
| of debts and liabilities incurred
in construction and | 23 |
| reconstruction of public highways and bridges,
acquisition | 24 |
| of rights-of-way for and the cost of construction,
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| reconstruction, maintenance, repair, and operation of | 26 |
| public highways and
bridges under the direction and |
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| supervision of the State, political
subdivision, or | 2 |
| municipality collecting those monies, and the costs for
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| patrolling and policing the public highways (by State, | 4 |
| political
subdivision, or municipality collecting that | 5 |
| money) for enforcement of
traffic laws. The separation of | 6 |
| grades of such highways with railroads
and costs associated | 7 |
| with protection of at-grade highway and railroad
crossing | 8 |
| shall also be permissible.
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| Appropriations for any of such purposes are payable from | 10 |
| the Road
Fund or the Grade Crossing Protection Fund as provided | 11 |
| in Section 8 of
the Motor Fuel Tax Law.
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| Except as provided in this paragraph, for beginning with | 13 |
| fiscal years year 1991 through 2008 and
thereafter , no Road | 14 |
| Fund monies
shall be appropriated to the Department of State | 15 |
| Police for the purposes of
this Section in excess of its total | 16 |
| fiscal year 1990 Road Fund
appropriations for those purposes | 17 |
| unless otherwise provided in Section 5g of
this Act.
For fiscal | 18 |
| years 2003,
2004, 2005, 2006, and 2007 only, no Road Fund | 19 |
| monies shall
be appropriated to the
Department of State Police | 20 |
| for the purposes of this Section in excess of
$97,310,000.
For | 21 |
| fiscal year 2008 only, no Road
Fund monies shall be | 22 |
| appropriated to the Department of State Police for the purposes | 23 |
| of
this Section in excess of $106,100,000. For fiscal year 2009 | 24 |
| and thereafter, no Road Fund moneys shall be appropriated to | 25 |
| the Department of State Police for the purposes of this | 26 |
| Section. It shall not be lawful to circumvent this limitation |
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| on
appropriations by governmental reorganization or other | 2 |
| methods unless
otherwise provided in Section 5g of this Act.
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| In fiscal year 1994, no Road Fund monies shall be | 4 |
| appropriated
to the
Secretary of State for the purposes of this | 5 |
| Section in excess of the total
fiscal year 1991 Road Fund | 6 |
| appropriations to the Secretary of State for
those purposes, | 7 |
| plus $9,800,000. It
shall not be
lawful to circumvent
this | 8 |
| limitation on appropriations by governmental reorganization or | 9 |
| other
method.
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| For Beginning with fiscal years year 1995 through 1999 and | 11 |
| thereafter , no Road Fund
monies
shall be appropriated to the | 12 |
| Secretary of State for the purposes of this
Section in excess | 13 |
| of the total fiscal year 1994 Road Fund
appropriations to
the | 14 |
| Secretary of State for those purposes. It shall not be lawful | 15 |
| to
circumvent this limitation on appropriations by | 16 |
| governmental reorganization
or other methods.
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| Beginning with fiscal year 2000, total Road Fund | 18 |
| appropriations to the
Secretary of State for the purposes of | 19 |
| this Section shall not exceed the
amounts specified for the | 20 |
| following fiscal years:
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21 | | Fiscal Year 2000 | $80,500,000; |
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22 | | Fiscal Year 2001 | $80,500,000; |
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23 | | Fiscal Year 2002 | $80,500,000; |
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24 | | Fiscal Year 2003 | $130,500,000; |
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25 | | Fiscal Year 2004 | $130,500,000 |
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26 | | Fiscal Year 2005 | $130,500,000; |
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| 1 | | Fiscal Year 2006 | $130,500,000; |
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2 | | Fiscal Year 2007 | $130,500,000 |
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3 | | Fiscal Year 2008 | $130,500,000 |
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4 | | Fiscal Year 2009 | 5 | | and each | |
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6 | | year thereafter | $0 $30,500,000 . |
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| It shall not be lawful to circumvent this limitation on | 8 |
| appropriations by
governmental reorganization or other | 9 |
| methods.
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| No new program may be initiated in fiscal year 1991 and
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| thereafter that is not consistent with the limitations imposed | 12 |
| by this
Section for fiscal year 1984 and thereafter, insofar as | 13 |
| appropriation of
Road Fund monies is concerned.
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| Nothing in this Section prohibits transfers from the Road | 15 |
| Fund to the
State Construction Account Fund under Section 5e of | 16 |
| this Act; nor to the
General Revenue Fund, as authorized by | 17 |
| this amendatory Act of
the 93rd
General Assembly.
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| The additional amounts authorized for expenditure in this | 19 |
| Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91
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| shall be repaid to the Road Fund
from the General Revenue Fund | 21 |
| in the next succeeding fiscal year that the
General Revenue | 22 |
| Fund has a positive budgetary balance, as determined by
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| generally accepted accounting principles applicable to | 24 |
| government.
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| The additional amounts authorized for expenditure by the | 26 |
| Secretary of State
and
the Department of State Police in this |
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LRB095 19753 RCE 48566 a |
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| Section by this amendatory Act of the
94th General Assembly | 2 |
| shall be repaid to the Road Fund from the General Revenue Fund | 3 |
| in the
next
succeeding fiscal year that the General Revenue | 4 |
| Fund has a positive budgetary
balance,
as determined by | 5 |
| generally accepted accounting principles applicable to
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| government.
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| (Source: P.A. 94-91, eff. 7-1-05; 94-839, eff. 6-6-06; 95-707, | 8 |
| eff. 1-11-08.)".
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