State of Illinois
90th General Assembly
Legislation

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90_HB0968ham001

                                           LRB9003834NTsbam02
 1                     AMENDMENT TO HOUSE BILL 968
 2        AMENDMENT NO.     .  Amend House Bill 968 as follows:
 3    on page 1, by replacing lines 1 and 2 with the following:
 4        "AN ACT concerning vehicles, amending named Acts."; and
 5    on page 1, below line 4, by inserting the following:
 6        "Section 3.  The State Finance Act is amended by changing
 7    Section 8.3 as follows:
 8        (30 ILCS 105/8.3) (from Ch. 127, par. 144.3)
 9        Sec. 8.3.  Money in the road fund shall, if and when  the
10    State  of  Illinois  incurs  any  bonded indebtedness for the
11    construction of permanent highways, be set aside and used for
12    the purpose of paying and discharging annually the  principal
13    and  interest  on  that  bonded  indebtedness  then  due  and
14    payable,  and  for  no other purpose. The surplus, if any, in
15    the road fund after the payment of principal and interest  on
16    that  bonded  indebtedness then annually due shall be used as
17    follows:
18             first--to pay the cost of administration of Chapters
19        2 through 10 of the Illinois  Vehicle  Code,  except  the
20        cost  of administration of Articles I and II of Chapter 3
21        of that Code; and
                            -2-            LRB9003834NTsbam02
 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
 9        made  by the Industrial Commission under the terms of the
10        Workers'  Compensation  Act  or   Workers'   Occupational
11        Diseases  Act  for  injury or death of an employee of the
12        Division of Highways in the Department of Transportation;
13        or for the  acquisition  of  land  and  the  erection  of
14        buildings for highway purposes, including the acquisition
15        of   highway   right-of-way   or  for  investigations  to
16        determine  the  reasonably  anticipated  future   highway
17        needs;  or  for  making of surveys, plans, specifications
18        and estimates for and in the construction and maintenance
19        of flight strips and of  highways  necessary  to  provide
20        access  to  military  and  naval reservations, to defense
21        industries and defense-industry sites, and to the sources
22        of raw materials and for replacing existing highways  and
23        highway  connections  shut off from general public use at
24        military  and  naval  reservations  and  defense-industry
25        sites, or for the purchase of right-of-way,  except  that
26        the  State  shall  be  reimbursed in full for any expense
27        incurred in  building  the  flight  strips;  or  for  the
28        operating  and  maintaining  of  highway  garages; or for
29        patrolling  and  policing   the   public   highways   and
30        conserving the peace; or for any of those purposes or any
31        other purpose that may be provided by law.
32        Appropriations for any of those purposes are payable from
33    the  road fund. Appropriations may also be made from the road
34    fund for the administrative expenses of any State agency that
                            -3-            LRB9003834NTsbam02
 1    are related to motor vehicles or arise from the use of  motor
 2    vehicles.
 3        Beginning  with  fiscal year 1980 and thereafter, no road
 4    fund  monies  shall  be   appropriated   to   the   following
 5    Departments    or    agencies   of   State   government   for
 6    administration, grants, or operations; but this limitation is
 7    not a restriction upon appropriating for those  purposes  any
 8    road fund monies that are eligible for federal reimbursement;
 9             1.  Department of Public Health;
10             2.  Department  of Transportation, only with respect
11        to subsidies for one-half fare Student Transportation and
12        Reduced Fare for Elderly;
13             3.  Department  of  Central   Management   Services,
14        except  for  expenditures  incurred  for  group insurance
15        premiums of appropriate personnel;
16             4.  Judicial Systems and Agencies.
17        Beginning with fiscal year 1981 and thereafter,  no  road
18    fund   monies   shall   be   appropriated  to  the  following
19    Departments   or   agencies   of   State    government    for
20    administration, grants, or operations; but this limitation is
21    not  a  restriction upon appropriating for those purposes any
22    road fund monies that are eligible for federal reimbursement:
23             1.  Department   of   State   Police,   except   for
24        expenditures  with  respect  to  the  Division  of  State
25        Troopers;
26             2.  Department of Transportation, only with  respect
27        to Intercity Rail Subsidies and Rail Freight Services.
28        Beginning  with  fiscal year 1982 and thereafter, no road
29    fund  monies  shall  be   appropriated   to   the   following
30    Departments    or    agencies   of   State   government   for
31    administration, grants, or operations; but this limitation is
32    not a restriction upon appropriating for those  purposes  any
33    road fund monies that are eligible for federal reimbursement:
34    Department  of Central Management Services, except for awards
                            -4-            LRB9003834NTsbam02
 1    made by the Industrial Commission  under  the  terms  of  the
 2    Workers'  Compensation  Act or Workers' Occupational Diseases
 3    Act for injury or death of an employee  of  the  Division  of
 4    Highways in the Department of Transportation.
 5        Beginning  with  fiscal year 1984 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 not more than
12        40%  of  the funds appropriated for the Division of State
13        Troopers;
14             2.  State Officers.
15        Beginning with fiscal year 1984 and thereafter,  no  road
16    fund monies shall be appropriated to any Department or agency
17    of State government for administration, grants, or operations
18    except  as  provided  hereafter; but this limitation is not a
19    restriction upon appropriating for those  purposes  any  road
20    fund  monies that are eligible for federal reimbursement.  It
21    shall not be lawful to  circumvent  the  above  appropriation
22    limitations  by governmental reorganization or other methods.
23    Appropriations shall be made  from  the  road  fund  only  in
24    accordance with the provisions of this Section.
25        Money  in  the  road fund shall, if and when the State of
26    Illinois incurs any bonded indebtedness for the  construction
27    of  permanent highways, be set aside and used for the purpose
28    of paying   and  discharging  during  each  fiscal  year  the
29    principal  and  interest  on  that  bonded indebtedness as it
30    becomes due and payable as  provided  in  the  Transportation
31    Bond  Act, and for no other purpose.  The surplus, if any, in
32    the road fund after the payment of principal and interest  on
33    that  bonded  indebtedness then annually due shall be used as
34    follows:
                            -5-            LRB9003834NTsbam02
 1             first--to pay the cost of administration of Chapters
 2        2 through 10 of the Illinois Vehicle Code; and
 3             secondly--no road fund  monies  derived  from  fees,
 4        excises,  or  license  taxes  relating  to  registration,
 5        operation  and  use  of vehicles on public highways or to
 6        fuels used for the propulsion of those vehicles, shall be
 7        appropriated  or  expended  other  than  for   costs   of
 8        administering  the laws imposing those fees, excises, and
 9        license taxes, statutory refunds and adjustments  allowed
10        thereunder,  administrative  costs  of  the Department of
11        Transportation, payment of debts and liabilities incurred
12        in construction and reconstruction of public highways and
13        bridges, acquisition of rights-of-way for and the cost of
14        construction, reconstruction,  maintenance,  repair,  and
15        operation  of  public  highways  and  bridges  under  the
16        direction   and   supervision  of  the  State,  political
17        subdivision, or municipality collecting those monies, and
18        the costs for patrolling and policing the public highways
19        (by  State,  political   subdivision,   or   municipality
20        collecting  that  money) for enforcement of traffic laws.
21        The separation of grades of such highways with  railroads
22        and  costs associated with protection of at-grade highway
23        and railroad crossing shall also be permissible.
24        Appropriations for any of such purposes are payable  from
25    the  road  fund  or  the  Grade  Crossing  Protection Fund as
26    provided in Section 8 of the Motor Fuel Tax Law.
27        Beginning with fiscal year 1991 and thereafter,  no  Road
28    Fund  monies shall be appropriated to the Department of State
29    Police for the purposes of this  Section  in  excess  of  its
30    total  fiscal  year  1990  Road Fund appropriations for those
31    purposes unless otherwise provided in Section 5g of this Act.
32    It shall not be  lawful  to  circumvent  this  limitation  on
33    appropriations   by   governmental  reorganization  or  other
34    methods unless otherwise provided in Section 5g of this Act.
                            -6-            LRB9003834NTsbam02
 1        In fiscal  year  1994,  no  Road  Fund  monies  shall  be
 2    appropriated  to  the  Secretary of State for the purposes of
 3    this Section in excess of the total  fiscal  year  1991  Road
 4    Fund  appropriations  to  the  Secretary  of  State for those
 5    purposes,  plus  $9,800,000.   It  shall  not  be  lawful  to
 6    circumvent this limitation on appropriations by  governmental
 7    reorganization or other method.
 8        Beginning  with  fiscal  year 1995 and thereafter, except
 9    for road fund moneys appropriated to the Secretary  of  State
10    for required replating issuance of motor vehicle registration
11    plates,  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.
17        No  new  program may be initiated in fiscal year 1991 and
18    thereafter  that  is  not  consistent  with  the  limitations
19    imposed by this Section for fiscal year 1984 and  thereafter,
20    insofar as 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
23    of this Act.
24    (Source: P.A. 87-774; 87-1228; 88-78.)"; and
25    on page 3, line 27, by replacing  "The"  with  "Beginning  in
26    1999, the".

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