Full Text of HB2460 98th General Assembly
HB2460 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB2460 Introduced , by Rep. Luis Arroyo 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 beginning with Fiscal Year 2014, all Road Fund Monies shall be appropriated to provide 50% to Department of Transportation District 1 and 50% to be divided among the remaining Department of Transportation Districts. Effective July 1, 2013.
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| | 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. 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 payable, | 12 | | and for no other purpose. The
surplus, if any, in the Road Fund | 13 | | after the payment of principal and
interest on that bonded | 14 | | indebtedness then annually due shall be used as
follows: | 15 | | first -- to pay the cost of administration of Chapters | 16 | | 2 through 10 of
the Illinois Vehicle Code, except the cost | 17 | | of administration of Articles I and
II of Chapter 3 of that | 18 | | Code; and | 19 | | secondly -- for expenses of the Department of | 20 | | Transportation for
construction, reconstruction, | 21 | | improvement, repair, maintenance,
operation, and | 22 | | administration of highways in accordance with the
| 23 | | provisions of laws relating thereto, or for any purpose |
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| 1 | | related or
incident to and connected therewith, including | 2 | | the separation of grades
of those highways with railroads | 3 | | and with highways and including the
payment of awards made | 4 | | by the Illinois Workers' Compensation Commission under the | 5 | | terms of
the Workers' Compensation Act or Workers' | 6 | | Occupational Diseases Act for
injury or death of an | 7 | | employee of the Division of Highways in the
Department of | 8 | | Transportation; or for the acquisition of land and the
| 9 | | erection of buildings for highway purposes, including the | 10 | | acquisition of
highway right-of-way or for investigations | 11 | | to determine the reasonably
anticipated future highway | 12 | | needs; or for making of surveys, plans,
specifications and | 13 | | estimates for and in the construction and maintenance
of | 14 | | flight strips and of highways necessary to provide access | 15 | | to military
and naval reservations, to defense industries | 16 | | and defense-industry
sites, and to the sources of raw | 17 | | materials and for replacing existing
highways and highway | 18 | | connections shut off from general public use at
military | 19 | | and naval reservations and defense-industry sites, or for | 20 | | the
purchase of right-of-way, except that the State shall | 21 | | be reimbursed in
full for any expense incurred in building | 22 | | the flight strips; or for the
operating and maintaining of | 23 | | highway garages; or for patrolling and
policing the public | 24 | | highways and conserving the peace; or for the operating | 25 | | expenses of the Department relating to the administration | 26 | | of public transportation programs; or, during fiscal year |
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| 1 | | 2012 only, for the purposes of a grant not to exceed | 2 | | $8,500,000 to the Regional Transportation Authority on | 3 | | behalf of PACE for the purpose of ADA/Para-transit | 4 | | expenses; or, during fiscal year 2013 only, for the | 5 | | purposes of a grant not to exceed $3,825,000 to the | 6 | | Regional Transportation Authority on behalf of PACE for the | 7 | | purpose of ADA/Para-transit expenses; or for any of
those | 8 | | purposes or any other purpose that may be provided by law. | 9 | | Appropriations for any of those purposes are payable from | 10 | | the Road
Fund. Appropriations may also be made from the Road | 11 | | Fund for the
administrative expenses of any State agency that | 12 | | are related to motor
vehicles or arise from the use of motor | 13 | | vehicles. | 14 | | Beginning with fiscal year 1980 and thereafter, no Road | 15 | | Fund monies
shall be appropriated to the following Departments | 16 | | or agencies of State
government for administration, grants, or | 17 | | operations; but this
limitation is not a restriction upon | 18 | | appropriating for those purposes any
Road Fund monies that are | 19 | | eligible for federal reimbursement; | 20 | | 1. Department of Public Health; | 21 | | 2. Department of Transportation, only with respect to | 22 | | subsidies for
one-half fare Student Transportation and | 23 | | Reduced Fare for Elderly, except during fiscal year 2012 | 24 | | only when no more than $40,000,000 may be expended and | 25 | | except during fiscal year 2013 only when no more than | 26 | | $17,570,300 may be expended; |
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| 1 | | 3. Department of Central Management
Services, except | 2 | | for expenditures
incurred for group insurance premiums of | 3 | | 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 Departments | 7 | | or agencies of State
government for administration, grants, or | 8 | | operations; but this
limitation is not a restriction upon | 9 | | appropriating for those purposes any
Road Fund monies that are | 10 | | eligible for federal reimbursement: | 11 | | 1. Department of State Police, except for expenditures | 12 | | with
respect to the Division of Operations; | 13 | | 2. Department of Transportation, only with respect to | 14 | | Intercity Rail
Subsidies, except during fiscal year 2012 | 15 | | only when no more than $40,000,000 may be expended and | 16 | | except during fiscal year 2013 only when no more than | 17 | | $26,000,000 may be expended, and Rail Freight Services. | 18 | | Beginning with fiscal year 1982 and thereafter, no Road | 19 | | Fund monies
shall be appropriated to the following Departments | 20 | | or agencies of State
government for administration, grants, or | 21 | | operations; but this
limitation is not a restriction upon | 22 | | appropriating for those purposes any
Road Fund monies that are | 23 | | eligible for federal reimbursement: Department
of Central | 24 | | Management Services, except for awards made by
the Illinois | 25 | | Workers' Compensation Commission under the terms of the | 26 | | Workers' Compensation Act
or Workers' Occupational Diseases |
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| 1 | | Act for injury or death of an employee of
the Division of | 2 | | Highways in the Department of Transportation. | 3 | | Beginning with fiscal year 1984 and thereafter, no Road | 4 | | Fund monies
shall be appropriated to the following Departments | 5 | | or agencies of State
government for administration, grants, or | 6 | | operations; but this
limitation is not a restriction upon | 7 | | appropriating for those purposes any
Road Fund monies that are | 8 | | eligible for federal reimbursement: | 9 | | 1. Department of State Police, except not more than 40% | 10 | | of the
funds appropriated for the Division of Operations; | 11 | | 2. State Officers. | 12 | | Beginning with fiscal year 1984 and thereafter, no Road | 13 | | Fund monies
shall be appropriated to any Department or agency | 14 | | of State government
for administration, grants, or operations | 15 | | except as provided hereafter;
but this limitation is not a | 16 | | restriction upon appropriating for those
purposes any Road Fund | 17 | | monies that are eligible for federal
reimbursement. It shall | 18 | | not be lawful to circumvent the above
appropriation limitations | 19 | | by governmental reorganization or other
methods. | 20 | | Appropriations shall be made from the Road Fund only in
| 21 | | accordance with the provisions of this Section. | 22 | | Money in the Road Fund shall, if and when the State of | 23 | | Illinois
incurs any bonded indebtedness for the construction of | 24 | | permanent
highways, be set aside and used for the purpose of | 25 | | paying and
discharging during each fiscal year the principal | 26 | | and interest on that
bonded indebtedness as it becomes due and |
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| 1 | | payable as provided in the
Transportation Bond Act, and for no | 2 | | other
purpose. The surplus, if any, in the Road Fund after the | 3 | | payment of
principal and interest on that bonded indebtedness | 4 | | then annually due
shall be used as follows: | 5 | | first -- to pay the cost of administration of Chapters | 6 | | 2 through 10
of the Illinois Vehicle Code; and | 7 | | secondly -- no Road Fund monies derived from fees, | 8 | | excises, or
license taxes relating to registration, | 9 | | operation and use of vehicles on
public highways or to | 10 | | fuels used for the propulsion of those vehicles,
shall be | 11 | | appropriated or expended other than for costs of | 12 | | administering
the laws imposing those fees, excises, and | 13 | | license taxes, statutory
refunds and adjustments allowed | 14 | | thereunder, administrative costs of the
Department of | 15 | | Transportation, including, but not limited to, the | 16 | | operating expenses of the Department relating to the | 17 | | administration of public transportation programs, payment | 18 | | of debts and liabilities incurred
in construction and | 19 | | reconstruction of public highways and bridges,
acquisition | 20 | | of rights-of-way for and the cost of construction,
| 21 | | reconstruction, maintenance, repair, and operation of | 22 | | public highways and
bridges under the direction and | 23 | | supervision of the State, political
subdivision, or | 24 | | municipality collecting those monies, or during fiscal | 25 | | year 2012 only for the purposes of a grant not to exceed | 26 | | $8,500,000 to the Regional Transportation Authority on |
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| 1 | | behalf of PACE for the purpose of ADA/Para-transit | 2 | | expenses, and the costs for
patrolling and policing the | 3 | | public highways (by State, political
subdivision, or | 4 | | municipality collecting that money) for enforcement of
| 5 | | traffic laws. The separation of grades of such highways | 6 | | with railroads
and costs associated with protection of | 7 | | at-grade highway and railroad
crossing shall also be | 8 | | permissible. | 9 | | 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. | 12 | | Except as provided in this paragraph, beginning with fiscal | 13 | | year 1991 and
thereafter, no Road Fund monies
shall be | 14 | | appropriated to the Department of State Police for the purposes | 15 | | of
this Section in excess of its total fiscal year 1990 Road | 16 | | Fund
appropriations for those purposes unless otherwise | 17 | | provided in Section 5g of
this Act.
For fiscal years 2003,
| 18 | | 2004, 2005, 2006, and 2007 only, no Road Fund monies shall
be | 19 | | appropriated to the
Department of State Police for the purposes | 20 | | of this Section in excess of
$97,310,000.
For fiscal year 2008 | 21 | | only, no Road
Fund monies shall be appropriated to the | 22 | | Department of State Police for the purposes of
this Section in | 23 | | excess of $106,100,000. For fiscal year 2009 only, no Road Fund | 24 | | monies shall be appropriated to the Department of State Police | 25 | | for the purposes of this Section in excess of $114,700,000. | 26 | | Beginning in fiscal year 2010, no road fund moneys shall be |
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| 1 | | appropriated to the Department of State Police. It shall not be | 2 | | lawful to circumvent this limitation on
appropriations by | 3 | | governmental reorganization or other methods unless
otherwise | 4 | | provided in Section 5g of this Act. | 5 | | In fiscal year 1994, no Road Fund monies shall be | 6 | | appropriated
to the
Secretary of State for the purposes of this | 7 | | Section in excess of the total
fiscal year 1991 Road Fund | 8 | | appropriations to the Secretary of State for
those purposes, | 9 | | plus $9,800,000. It
shall not be
lawful to circumvent
this | 10 | | limitation on appropriations by governmental reorganization or | 11 | | other
method. | 12 | | Beginning with fiscal year 1995 and thereafter, no Road | 13 | | Fund
monies
shall be appropriated to the Secretary of State for | 14 | | the purposes of this
Section in excess of the total fiscal year | 15 | | 1994 Road Fund
appropriations to
the Secretary of State for | 16 | | those purposes. It shall not be lawful to
circumvent this | 17 | | limitation on appropriations by governmental reorganization
or | 18 | | other methods. | 19 | | Beginning with fiscal year 2000, total Road Fund | 20 | | appropriations to the
Secretary of State for the purposes of | 21 | | this Section shall not exceed the
amounts specified for the | 22 | | following fiscal years: | |
23 | | Fiscal Year 2000 | $80,500,000; | |
24 | | Fiscal Year 2001 | $80,500,000; | |
25 | | Fiscal Year 2002 | $80,500,000; | |
26 | | Fiscal Year 2003 | $130,500,000; | |
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| 1 | | Fiscal Year 2004 | $130,500,000; | |
2 | | Fiscal Year 2005 | $130,500,000;
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3 | | Fiscal Year 2006
| $130,500,000;
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4 | | Fiscal Year 2007
| $130,500,000;
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5 | | Fiscal Year 2008 | $130,500,000; | |
6 | | Fiscal Year 2009 | $130,500,000. |
| 7 | | For fiscal year 2010, no road fund moneys shall be | 8 | | appropriated to the Secretary of State. | 9 | | Beginning in fiscal year 2011, moneys in the Road Fund | 10 | | shall be appropriated to the Secretary of State for the | 11 | | exclusive purpose of paying refunds due to overpayment of fees | 12 | | related to Chapter 3 of the Illinois Vehicle Code unless | 13 | | otherwise provided for by law. | 14 | | It shall not be lawful to circumvent this limitation on | 15 | | appropriations by
governmental reorganization or other | 16 | | methods. | 17 | | No new program may be initiated in fiscal year 1991 and
| 18 | | thereafter that is not consistent with the limitations imposed | 19 | | by this
Section for fiscal year 1984 and thereafter, insofar as | 20 | | appropriation of
Road Fund monies is concerned. | 21 | | Nothing in this Section prohibits transfers from the Road | 22 | | Fund to the
State Construction Account Fund under Section 5e of | 23 | | this Act; nor to the
General Revenue Fund, as authorized by | 24 | | this amendatory Act of
the 93rd
General Assembly. | 25 | | The additional amounts authorized for expenditure in this | 26 | | Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91
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| 1 | | shall be repaid to the Road Fund
from the General Revenue Fund | 2 | | in the next succeeding fiscal year that the
General Revenue | 3 | | Fund has a positive budgetary balance, as determined by
| 4 | | generally accepted accounting principles applicable to | 5 | | government. | 6 | | The additional amounts authorized for expenditure by the | 7 | | Secretary of State
and
the Department of State Police in this | 8 | | Section by this amendatory Act of the
94th General Assembly | 9 | | shall be repaid to the Road Fund from the General Revenue Fund | 10 | | in the
next
succeeding fiscal year that the General Revenue | 11 | | Fund has a positive budgetary
balance,
as determined by | 12 | | generally accepted accounting principles applicable to
| 13 | | government. | 14 | | Notwithstanding any provision of law to the contrary, | 15 | | beginning with fiscal year 2014 and thereafter, all Road Fund | 16 | | monies shall be appropriated according to the following | 17 | | formula: | 18 | | 1. 50% to Department of Transportation District 1; and | 19 | | 2. 50% to Department of Transportation Districts 2 | 20 | | through 9, to be divided among those Districts at the | 21 | | discretion of the Secretary of Transportation. | 22 | | (Source: P.A. 96-34, eff. 7-13-09; 96-959, eff. 7-1-10; 97-72, | 23 | | eff. 7-1-11; 97-732, eff. 6-30-12.)
| 24 | | Section 99. Effective date. This Act takes effect July 1, | 25 | | 2013.
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