Full Text of SB0143 97th General Assembly
SB0143 97TH GENERAL ASSEMBLY |
| | 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 |
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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,
| 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. In a fiscal year, 30% of the total amount | 8 | | deposited into the Road Fund shall be appropriated to the | 9 | | Illinois Department of Transportation to be used for projects | 10 | | in Cook County. The remainder of the money Money in the Road | 11 | | Fund shall, if and when the State of
Illinois incurs any bonded | 12 | | indebtedness for the construction of
permanent highways, be set | 13 | | aside and used for the purpose of paying and
discharging | 14 | | annually the principal and interest on that bonded
indebtedness | 15 | | then due and payable, and for no other purpose. The
surplus, if | 16 | | any, in the Road Fund after the appropriation to the Illinois | 17 | | Department of Transportation and the payment of principal and
| 18 | | interest on that bonded indebtedness then annually due shall be | 19 | | used 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 | 8 | | the Road
Fund. Appropriations may also be made from the Road | 9 | | Fund for the
administrative expenses of any State agency that | 10 | | are related to motor
vehicles or arise from the use of motor | 11 | | vehicles. | 12 | | Beginning with fiscal year 1980 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; | 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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| 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. 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 | 11 | | Fund monies
shall be appropriated to the following Departments | 12 | | or agencies of State
government for administration, grants, or | 13 | | operations; but this
limitation is not a restriction upon | 14 | | appropriating for those purposes any
Road Fund monies that are | 15 | | eligible for federal reimbursement: Department
of Central | 16 | | Management Services, except for awards made by
the Illinois | 17 | | Workers' Compensation Commission under the terms of the | 18 | | Workers' Compensation Act
or Workers' Occupational Diseases | 19 | | Act for injury or death of an employee of
the Division of | 20 | | Highways in the Department of Transportation. | 21 | | Beginning with fiscal year 1984 and thereafter, no Road | 22 | | Fund monies
shall be appropriated to the following Departments | 23 | | or agencies of State
government for administration, grants, or | 24 | | operations; but this
limitation is not a restriction upon | 25 | | appropriating for those purposes any
Road Fund monies that are | 26 | | eligible 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 | 5 | | Fund monies
shall be appropriated to any Department or agency | 6 | | of State government
for administration, grants, or operations | 7 | | except as provided hereafter;
but this limitation is not a | 8 | | restriction upon appropriating for those
purposes any Road Fund | 9 | | monies that are eligible for federal
reimbursement. It shall | 10 | | not be lawful to circumvent the above
appropriation limitations | 11 | | by governmental reorganization or other
methods. | 12 | | Appropriations shall be made from the Road Fund only in
| 13 | | accordance with the provisions of this Section. | 14 | | In a fiscal year, 30% of the total amount deposited into | 15 | | the Road Fund shall be appropriated to the Illinois Department | 16 | | of Transportation to be used for projects in Cook County. The | 17 | | remainder of the money Money in the Road Fund shall, if and | 18 | | when the State of Illinois
incurs any bonded indebtedness for | 19 | | the construction of permanent
highways, be set aside and used | 20 | | for the purpose of paying and
discharging during each fiscal | 21 | | year the principal and interest on that
bonded indebtedness as | 22 | | it becomes due and payable as provided in the
Transportation | 23 | | Bond Act, and for no other
purpose. The surplus, if any, in the | 24 | | Road Fund after the appropriation to the Illinois Department of | 25 | | Transportation and the payment of
principal and interest on | 26 | | that bonded indebtedness then annually due
shall be used as |
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| 1 | | follows: | 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 | 3 | | the Road
Fund or the Grade Crossing Protection Fund as provided | 4 | | in Section 8 of
the Motor Fuel Tax Law. | 5 | | Except as provided in this paragraph, beginning with fiscal | 6 | | year 1991 and
thereafter, no Road Fund monies
shall be | 7 | | appropriated to the Department of State Police for the purposes | 8 | | of
this Section in excess of its total fiscal year 1990 Road | 9 | | Fund
appropriations for those purposes unless otherwise | 10 | | provided in Section 5g of
this Act.
For fiscal years 2003,
| 11 | | 2004, 2005, 2006, and 2007 only, no Road Fund monies shall
be | 12 | | appropriated to the
Department of State Police for the purposes | 13 | | of this Section in excess of
$97,310,000.
For fiscal year 2008 | 14 | | only, no Road
Fund monies shall be appropriated to the | 15 | | Department of State Police for the purposes of
this Section in | 16 | | excess of $106,100,000. For fiscal year 2009 only, no Road Fund | 17 | | monies shall be appropriated to the Department of State Police | 18 | | for the purposes of this Section in excess of $114,700,000. | 19 | | Beginning in fiscal year 2010, no road fund moneys shall be | 20 | | appropriated to the Department of State Police. It shall not be | 21 | | lawful to circumvent this limitation on
appropriations by | 22 | | governmental reorganization or other methods unless
otherwise | 23 | | provided in Section 5g of this Act. | 24 | | In fiscal year 1994, no Road Fund monies shall be | 25 | | appropriated
to the
Secretary of State for the purposes of this | 26 | | Section in excess of the total
fiscal year 1991 Road Fund |
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| 1 | | appropriations to the Secretary of State for
those purposes, | 2 | | plus $9,800,000. It
shall not be
lawful to circumvent
this | 3 | | limitation on appropriations by governmental reorganization or | 4 | | other
method. | 5 | | Beginning with fiscal year 1995 and thereafter, no Road | 6 | | Fund
monies
shall be appropriated to the Secretary of State for | 7 | | the purposes of this
Section in excess of the total fiscal year | 8 | | 1994 Road Fund
appropriations to
the Secretary of State for | 9 | | those purposes. It shall not be lawful to
circumvent this | 10 | | limitation on appropriations by governmental reorganization
or | 11 | | other methods. | 12 | | Beginning with fiscal year 2000, total Road Fund | 13 | | appropriations to the
Secretary of State for the purposes of | 14 | | this Section shall not exceed the
amounts specified for the | 15 | | following 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;
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22 | | Fiscal Year 2006
| $130,500,000;
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23 | | Fiscal Year 2007
| $130,500,000;
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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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| 1 | | appropriated to the Secretary of State. | 2 | | Beginning in fiscal year 2011, moneys in the Road Fund | 3 | | shall be appropriated to the Secretary of State for the | 4 | | exclusive purpose of paying refunds due to overpayment of fees | 5 | | related to Chapter 3 of the Illinois Vehicle Code unless | 6 | | otherwise provided for by law. | 7 | | It shall not be lawful to circumvent this limitation on | 8 | | appropriations by
governmental reorganization or other | 9 | | methods. | 10 | | No new program may be initiated in fiscal year 1991 and
| 11 | | 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. | 14 | | 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. | 18 | | The additional amounts authorized for expenditure in this | 19 | | Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91
| 20 | | 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
| 23 | | generally accepted accounting principles applicable to | 24 | | government. | 25 | | The additional amounts authorized for expenditure by the | 26 | | Secretary of State
and
the Department of State Police in this |
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| 1 | | 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
| 6 | | government. | 7 | | (Source: P.A. 95-707, eff. 1-11-08; 95-744, eff. 7-18-08; | 8 | | 96-34, eff. 7-13-09; 96-959, eff. 7-1-10.)
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