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90_HB3901
30 ILCS 105/8.3 from Ch. 127, par. 144.3
Amends the State Finance Act to prohibit Road Fund moneys
from being appropriated to the Secretary of State or the
Department of Central Management Services for the purposes of
the provisions concerning appropriations made from the Road
Fund. Provides that appropriations for those purposes shall,
instead, be made from the general revenue fund. Effective
July 1, 1999.
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1 AN ACT to amend the State Finance Act by changing Section
2 8.3.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The State Finance Act is amended by changing
6 Section 8.3 as follows:
7 (30 ILCS 105/8.3) (from Ch. 127, par. 144.3)
8 Sec. 8.3. Money in the road fund shall, if and when the
9 State of Illinois incurs any bonded indebtedness for the
10 construction of permanent highways, be set aside and used for
11 the purpose of paying and discharging annually the principal
12 and interest on that bonded indebtedness then due and
13 payable, and for no other purpose. The surplus, if any, in
14 the road fund after the payment of principal and interest on
15 that bonded indebtedness then annually due shall be used as
16 follows:
17 first--to pay the cost of administration of Chapters
18 2 through 10 of the Illinois Vehicle Code, except the
19 cost of administration of Articles I and II of Chapter 3
20 of that Code; and
21 secondly--for expenses of the Department of
22 Transportation for construction, reconstruction,
23 improvement, repair, maintenance, operation, and
24 administration of highways in accordance with the
25 provisions of laws relating thereto, or for any purpose
26 related or incident to and connected therewith, including
27 the separation of grades of those highways with railroads
28 and with highways and including the payment of awards
29 made by the Industrial Commission under the terms of the
30 Workers' Compensation Act or Workers' Occupational
31 Diseases Act for injury or death of an employee of the
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1 Division of Highways in the Department of Transportation;
2 or for the acquisition of land and the erection of
3 buildings for highway purposes, including the acquisition
4 of highway right-of-way or for investigations to
5 determine the reasonably anticipated future highway
6 needs; or for making of surveys, plans, specifications
7 and estimates for and in the construction and maintenance
8 of flight strips and of highways necessary to provide
9 access to military and naval reservations, to defense
10 industries and defense-industry sites, and to the sources
11 of raw materials and for replacing existing highways and
12 highway connections shut off from general public use at
13 military and naval reservations and defense-industry
14 sites, or for the purchase of right-of-way, except that
15 the State shall be reimbursed in full for any expense
16 incurred in building the flight strips; or for the
17 operating and maintaining of highway garages; or for
18 patrolling and policing the public highways and
19 conserving the peace; or for any of those purposes or any
20 other purpose that may be provided by law.
21 Appropriations for any of those purposes are payable from
22 the road fund. Appropriations may also be made from the road
23 fund for the administrative expenses of any State agency that
24 are related to motor vehicles or arise from the use of motor
25 vehicles.
26 Beginning with fiscal year 1980 and thereafter, no road
27 fund monies shall be appropriated to the following
28 Departments or agencies of State government for
29 administration, grants, or operations; but this limitation is
30 not a restriction upon appropriating for those purposes any
31 road fund monies that are eligible for federal reimbursement;
32 1. Department of Public Health;
33 2. Department of Transportation, only with respect
34 to subsidies for one-half fare Student Transportation and
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1 Reduced Fare for Elderly;
2 3. Department of Central Management Services,
3 except for expenditures incurred for group insurance
4 premiums of appropriate personnel;
5 4. Judicial Systems and Agencies.
6 Beginning with fiscal year 1981 and thereafter, no road
7 fund monies shall be appropriated to the following
8 Departments or agencies of State government for
9 administration, grants, or operations; but this limitation is
10 not a restriction upon appropriating for those purposes any
11 road fund monies that are eligible for federal reimbursement:
12 1. Department of State Police, except for
13 expenditures with respect to the Division of State
14 Troopers;
15 2. Department of Transportation, only with respect
16 to Intercity Rail Subsidies and Rail Freight Services.
17 Beginning with fiscal year 1982 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 Department of Central Management Services, except for awards
24 made by the Industrial Commission under the terms of the
25 Workers' Compensation Act or Workers' Occupational Diseases
26 Act for injury or death of an employee of the Division of
27 Highways in the Department of Transportation.
28 Beginning with fiscal year 1984 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 1. Department of State Police, except not more than
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1 40% of the funds appropriated for the Division of State
2 Troopers;
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
9 fund monies that are eligible for federal reimbursement. It
10 shall not be lawful to circumvent the above appropriation
11 limitations 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 Money in the road fund shall, if and when the State of
15 Illinois incurs any bonded indebtedness for the construction
16 of permanent highways, be set aside and used for the purpose
17 of paying and discharging during each fiscal year the
18 principal and interest on that bonded indebtedness as it
19 becomes due and payable as provided in the Transportation
20 Bond Act, and for no other purpose. The surplus, if any, in
21 the road fund after the payment of principal and interest on
22 that bonded indebtedness then annually due shall be used as
23 follows:
24 first--to pay the cost of administration of Chapters
25 2 through 10 of the Illinois Vehicle Code; and
26 secondly--no road fund monies derived from fees,
27 excises, or license taxes relating to registration,
28 operation and use of vehicles on public highways or to
29 fuels used for the propulsion of those vehicles, shall be
30 appropriated or expended other than for costs of
31 administering the laws imposing those fees, excises, and
32 license taxes, statutory refunds and adjustments allowed
33 thereunder, administrative costs of the Department of
34 Transportation, payment of debts and liabilities incurred
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1 in construction and reconstruction of public highways and
2 bridges, acquisition of rights-of-way for and the cost of
3 construction, reconstruction, maintenance, repair, and
4 operation of public highways and bridges under the
5 direction and supervision of the State, political
6 subdivision, or municipality collecting those monies, and
7 the costs for patrolling and policing the public highways
8 (by State, political subdivision, or municipality
9 collecting that money) for enforcement of traffic laws.
10 The separation of grades of such highways with railroads
11 and costs associated with protection of at-grade highway
12 and railroad crossing shall also be permissible.
13 Appropriations for any of such purposes are payable from
14 the road fund or the Grade Crossing Protection Fund as
15 provided in Section 8 of the Motor Fuel Tax Law.
16 Beginning with fiscal year 1991 and thereafter, no Road
17 Fund monies shall be appropriated to the Department of State
18 Police for the purposes of this Section in excess of its
19 total fiscal year 1990 Road Fund appropriations for those
20 purposes unless otherwise provided in Section 5g of this Act.
21 It shall not be lawful to circumvent this limitation on
22 appropriations by governmental reorganization or other
23 methods unless otherwise 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
26 this Section in excess of the total fiscal year 1991 Road
27 Fund appropriations to the Secretary of State for those
28 purposes, plus $9,800,000. It shall not be lawful to
29 circumvent this limitation on appropriations by governmental
30 reorganization or other method.
31 Beginning with fiscal year 1995 and thereafter, no Road
32 Fund monies shall be appropriated to the Secretary of State
33 for the purposes of this Section in excess of the total
34 fiscal year 1994 Road Fund appropriations to the Secretary of
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1 State for those purposes. It shall not be lawful to
2 circumvent this limitation on appropriations by governmental
3 reorganization or other methods.
4 No new program may be initiated in fiscal year 1991 and
5 thereafter that is not consistent with the limitations
6 imposed by this Section for fiscal year 1984 and thereafter,
7 insofar as appropriation of road fund monies is concerned.
8 Nothing in this Section prohibits transfers from the Road
9 Fund to the State Construction Account Fund under Section 5e
10 of this Act.
11 Beginning with fiscal year 2000 and thereafter, no Road
12 Fund moneys shall be appropriated to the Secretary of State
13 or to the Department of Central Management Services for the
14 purposes of this Section. Appropriations for those purposes
15 shall, instead, be made from the general revenue fund. It
16 shall not be lawful to circumvent this limitation on
17 appropriations by governmental reorganization or other
18 methods.
19 (Source: P.A. 87-774; 87-1228; 88-78.)
20 Section 99. Effective date. This Act takes effect July
21 1, 1999.