State of Illinois
90th General Assembly
Legislation

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90_HB3787

      605 ILCS 10/23            from Ch. 121, par. 100-23
      605 ILCS 10/24            from Ch. 121, par. 100-24
          Amends the Toll Highway Act to require the  Toll  Highway
      Authority  to  make  an  annual budget request to the General
      Assembly,  and  provides  that  the  Authority  may  make  no
      expenditures from the State Toll Highway Authority Fund until
      the General Assembly makes appropriations from  the  Fund  to
      the Authority.
                                                     LRB9011589NTsb
                                               LRB9011589NTsb
 1        AN ACT to amend the Toll Highway Act by changing Sections
 2    23 and 24.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section 5.  The Toll Highway Act is amended  by  changing
 6    Sections 23 and 24 as follows:
 7        (605 ILCS 10/23) (from Ch. 121, par. 100-23)
 8        Sec. 23. Plans; budgets, audits. The Authority shall file
 9    with the Governor, the Clerk of the House of Representatives,
10    the  Secretary  of  the Senate, and the Illinois Economic and
11    Fiscal Commission, on or prior to March 15th of each year,  a
12    written  statement and report covering its activities for the
13    preceding calendar  year.  The  Authority  shall  prepare  an
14    annual  capital  plan  which  identifies  capital projects by
15    location and details the  project  costs  in  correct  dollar
16    amounts.   The  Authority  shall  also  prepare  and  file  a
17    ten-year  capital plan that includes a listing of all capital
18    improvement projects contemplated during the ensuing ten-year
19    period.  The first ten-year capital plan shall  be  filed  in
20    1991  and  thereafter  on  the  anniversary  of each ten-year
21    period.
22        Prior to the beginning of a fiscal  year,  the  Authority
23    shall  submit  a comprehensive budget request for that fiscal
24    year to the General Assembly.
25        It shall also be the duty of the Auditor General  of  the
26    State  of  Illinois, annually to audit or cause to be audited
27    the books  and  records  of  the  Authority  and  to  file  a
28    certified  copy of the report of such audit with the Governor
29    and  with  the  Legislative  Audit  Commission,  which  audit
30    reports, when so filed, shall  be  open  to  the  public  for
31    inspection.
                            -2-                LRB9011589NTsb
 1    (Source: P.A. 86-1164.)
 2        (605 ILCS 10/24) (from Ch. 121, par. 100-24)
 3        Sec.  24.   State Toll Highway Authority Fund.  Except as
 4    otherwise provided  in  any  bond  resolution,  the  proceeds
 5    derived  from  the sale of bonds, and all receipts and income
 6    derived from tolls, licenses, gifts, donations,  concessions,
 7    fees,  rentals,  and  all other revenues from whatever source
 8    derived, shall, within three days after receipt  thereof,  be
 9    paid  to  the Treasurer of the State of Illinois, and held by
10    him as a special  fund  known  as  the  Illinois  State  Toll
11    Highway  Authority Fund, except that the Authority may retain
12    portions of the Illinois State Toll Highway Authority Fund as
13    a locally maintained construction fund revolving account  and
14    as  a  revenue  fund revolving account, where authorized by a
15    bond resolution, and  as  locally  maintained  change  funds,
16    where  necessary  for  the  operations  of the Authority. The
17    State Treasurer shall be ex officio custodian of such special
18    fund, which fund shall be held, invested  and  disbursed  for
19    the  purposes provided herein upon the order of the Authority
20    and in accordance with provisions and covenants of  any  bond
21    resolution  authorizing  the issuance of bonds which have not
22    been paid or deemed paid.   The  interest  accruing  on  said
23    special  fund  shall  be  computed and added to the principal
24    thereof every six months. In addition to the  special  audits
25    prescribed  by  this Act, the said fund shall also be subject
26    to audit in the same manner as is now, or may hereinafter be,
27    provided for the audit of State funds and accounts. The  said
28    special  fund  shall be protected by a corporate surety bond,
29    executed by the Treasurer, with a  surety  authorized  to  do
30    business  under the laws of the State of Illinois. The amount
31    of said bond shall be fixed by resolution of  the  Authority,
32    approved  by the Governor, and may be increased or diminished
33    at any time. The premiums on said bond shall be payable  from
                            -3-                LRB9011589NTsb
 1    the  funds of the Authority. The bond shall be subject to the
 2    approval of the Governor and Attorney General of the State of
 3    Illinois, and, when so approved, shall be filed in the office
 4    of  the  Secretary  of  State.  The  Authority  may  make  no
 5    expenditures from the  State  Toll  Highway  Authority  Fund,
 6    except  expenditures for the payment of principal and accrued
 7    interest on bonds issued by the Authority as they become due,
 8    until the General Assembly makes appropriations from the Fund
 9    to the Authority.  Moneys in the Fund Said special fund shall
10    be  considered  always  appropriated  for  the  purposes   of
11    disbursements, as provided in this Act, and shall be paid out
12    and  disbursed only as provided herein, and shall not, at any
13    time be appropriated or diverted to any other use or purpose.
14    (Source: P.A. 83-1258.)

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