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92_HB0305ham001 LRB9201098MWpkam 1 AMENDMENT TO HOUSE BILL 305 2 AMENDMENT NO. . Amend House Bill 305 by replacing 3 everything after the enecting clause with the following: 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 12 payable, and for no other purpose. The surplus, if any, in 13 the Road Fund after the payment of principal and interest on 14 that bonded indebtedness then annually due shall be used as 15 follows: 16 first -- to pay the cost of administration of 17 Chapters 2 through 10 of the Illinois Vehicle Code, 18 except the cost of administration of Articles I and II of 19 Chapter 3 of that Code; and 20 secondly -- for expenses of the Department of 21 Transportation for construction, reconstruction, 22 improvement, repair, maintenance, operation, and -2- LRB9201098MWpkam 1 administration of highways in accordance with the 2 provisions of laws relating thereto, or for any purpose 3 related or incident to and connected therewith, including 4 the separation of grades of those highways with railroads 5 and with highways and including the payment of awards 6 made by the Industrial Commission under the terms of the 7 Workers' Compensation Act or Workers' Occupational 8 Diseases Act for injury or death of an employee of the 9 Division of Highways in the Department of Transportation; 10 or for the acquisition of land and the erection of 11 buildings for highway purposes, including the acquisition 12 of highway right-of-way or for investigations to 13 determine the reasonably anticipated future highway 14 needs; or for making of surveys, plans, specifications 15 and estimates for and in the construction and maintenance 16 of flight strips and of highways necessary to provide 17 access to military and naval reservations, to defense 18 industries and defense-industry sites, and to the sources 19 of raw materials and for replacing existing highways and 20 highway connections shut off from general public use at 21 military and naval reservations and defense-industry 22 sites, or for the purchase of right-of-way, except that 23 the State shall be reimbursed in full for any expense 24 incurred in building the flight strips; or for the 25 operating and maintaining of highway garages; or for 26 patrolling and policing the public highways and 27 conserving the peace; or for any of those purposes or any 28 other purpose that may be provided by law. 29 Appropriations for any of those purposes are payable from 30 the Road Fund. Appropriations may also be made from the Road 31 Fund for the administrative expenses of any State agency that 32 are related to motor vehicles or arise from the use of motor 33 vehicles. 34 Beginning with fiscal year 1980 and thereafter, no Road -3- LRB9201098MWpkam 1 Fund monies shall be appropriated to the following 2 Departments or agencies of State government for 3 administration, grants, or operations; but this limitation is 4 not a restriction upon appropriating for those purposes any 5 Road Fund monies that are eligible for federal reimbursement; 6 1. Department of Public Health; 7 2. Department of Transportation, only with respect 8 to subsidies for one-half fare Student Transportation and 9 Reduced Fare for Elderly; 10 3. Department of Central Management Services, 11 except for expenditures incurred for group insurance 12 premiums of appropriate personnel; 13 4. Judicial Systems and Agencies. 14 Beginning with fiscal year 1981 and thereafter, no Road 15 Fund monies shall be appropriated to the following 16 Departments or agencies of State government for 17 administration, grants, or operations; but this limitation is 18 not a restriction upon appropriating for those purposes any 19 Road Fund monies that are eligible for federal reimbursement: 20 1. Department of State Police, except for 21 expenditures with respect to the Division of Operations; 22 2. Department of Transportation, only with respect 23 to Intercity Rail Subsidies and Rail Freight Services. 24 Beginning with fiscal year 1982 and thereafter, no Road 25 Fund monies shall be appropriated to the following 26 Departments or agencies of State government for 27 administration, grants, or operations; but this limitation is 28 not a restriction upon appropriating for those purposes any 29 Road Fund monies that are eligible for federal reimbursement: 30 Department of Central Management Services, except for awards 31 made by the Industrial Commission under the terms of the 32 Workers' Compensation Act or Workers' Occupational Diseases 33 Act for injury or death of an employee of the Division of 34 Highways in the Department of Transportation. -4- LRB9201098MWpkam 1 Beginning with fiscal year 1984 and thereafter, no Road 2 Fund monies shall be appropriated to the following 3 Departments or agencies of State government for 4 administration, grants, or operations; but this limitation is 5 not a restriction upon appropriating for those purposes any 6 Road Fund monies that are eligible for federal reimbursement: 7 1. Department of State Police, except not more than 8 40% of the funds appropriated for the Division of 9 Operations; 10 2. State Officers. 11 Beginning with fiscal year 1984 and thereafter, no Road 12 Fund monies shall be appropriated to any Department or agency 13 of State government for administration, grants, or operations 14 except as provided hereafter; but this limitation is not a 15 restriction upon appropriating for those purposes any Road 16 Fund monies that are eligible for federal reimbursement. It 17 shall not be lawful to circumvent the above appropriation 18 limitations by governmental reorganization or other methods. 19 Appropriations shall be made from the Road Fund only in 20 accordance with the provisions of this Section. 21 Money in the Road Fund shall, if and when the State of 22 Illinois incurs any bonded indebtedness for the construction 23 of permanent highways, be set aside and used for the purpose 24 of paying and discharging during each fiscal year the 25 principal and interest on that bonded indebtedness as it 26 becomes due and payable as provided in the Transportation 27 Bond Act, and for no other purpose. The surplus, if any, in 28 the Road Fund after the payment of principal and interest on 29 that bonded indebtedness then annually due shall be used as 30 follows: 31 first -- to pay the cost of administration of 32 Chapters 2 through 10 of the Illinois Vehicle Code; and 33 secondly -- no Road Fund monies derived from fees, 34 excises, or license taxes relating to registration, -5- LRB9201098MWpkam 1 operation and use of vehicles on public highways or to 2 fuels used for the propulsion of those vehicles, shall be 3 appropriated or expended other than for costs of 4 administering the laws imposing those fees, excises, and 5 license taxes, statutory refunds and adjustments allowed 6 thereunder, administrative costs of the Department of 7 Transportation, payment of debts and liabilities incurred 8 in construction and reconstruction of public highways and 9 bridges, acquisition of rights-of-way for and the cost of 10 construction, reconstruction, maintenance, repair, and 11 operation of public highways and bridges under the 12 direction and supervision of the State, political 13 subdivision, or municipality collecting those monies, and 14 the costs for patrolling and policing the public highways 15 (by State, political subdivision, or municipality 16 collecting that money) for enforcement of traffic laws. 17 The separation of grades of such highways with railroads 18 and costs associated with protection of at-grade highway 19 and railroad crossing shall also be permissible. 20 Appropriations for any of such purposes are payable from 21 the Road Fund or the Grade Crossing Protection Fund as 22 provided in Section 8 of the Motor Fuel Tax Law. 23 Beginning with fiscal year 1991 and thereafter, no Road 24 Fund monies shall be appropriated to the Department of State 25 Police for the purposes of this Section in excess of its 26 total fiscal year 1990 Road Fund appropriations for those 27 purposes unless otherwise provided in Section 5g of this Act. 28 It shall not be lawful to circumvent this limitation on 29 appropriations by governmental reorganization or other 30 methods unless otherwise provided in Section 5g of this Act. 31 In fiscal year 1994, no Road Fund monies shall be 32 appropriated to the Secretary of State for the purposes of 33 this Section in excess of the total fiscal year 1991 Road 34 Fund appropriations to the Secretary of State for those -6- LRB9201098MWpkam 1 purposes, plus $9,800,000. It shall not be lawful to 2 circumvent this limitation on appropriations by governmental 3 reorganization or other method. 4 Beginning with fiscal year 1995 and thereafter, no Road 5 Fund monies shall be appropriated to the Secretary of State 6 for the purposes of this Section in excess of the total 7 fiscal year 1994 Road Fund appropriations to the Secretary of 8 State for those purposes. It shall not be lawful to 9 circumvent this limitation on appropriations by governmental 10 reorganization or other methods. 11 Beginning with fiscal year 2000, total Road Fund 12 appropriations to the Secretary of State for the purposes of 13 this Section shall not exceed the amounts specified for the 14 following fiscal years: 15 Fiscal Year 2000 $80,500,000; 16 Fiscal Year 2001 $80,500,000; 17 Fiscal Year 2002 $80,500,000; 18 Fiscal Year 2003 $80,500,000; 19 Fiscal Year 2004 $64,400,000; 20 Fiscal Year 2005 $48,300,000; 21 Fiscal Year 2006 $32,200,000; 22 Fiscal Year 2007 $16,100,000; 23 Fiscal Year 2008; and 24 each year thereafter $0$30,500,000. 25 It shall not be lawful to circumvent this limitation on 26 appropriations by governmental reorganization or other 27 methods. 28 No new program may be initiated in fiscal year 1991 and 29 thereafter that is not consistent with the limitations 30 imposed by this Section for fiscal year 1984 and thereafter, 31 insofar as appropriation of Road Fund monies is concerned. 32 Nothing in this Section prohibits transfers from the Road 33 Fund to the State Construction Account Fund under Section 5e 34 of this Act. -7- LRB9201098MWpkam 1 Beginning with fiscal year 2004 and thereafter, no Road 2 Fund moneys may be appropriated to the Department of Central 3 Management Services, the Department of Employment Security, 4 the Department of Revenue, the Court of Claims, or any other 5 State agency (other than the Department of State Police and 6 the Department of Transportation and, until fiscal year 2008, 7 the Secretary of State) for the purposes of this Section. 8 Appropriations to those entities for those purposes shall, 9 instead, be made from the General Revenue Fund. It shall not 10 be lawful to circumvent this limitation on appropriations by 11 governmental reorganization or other methods. Nothing in 12 this paragraph prohibits appropriations from the Road Fund to 13 the Department of State Police for the purposes of the 14 highway patrol budget only. 15 Beginning with fiscal year 2008 and thereafter, no Road 16 Fund moneys may be appropriated to the Secretary of State for 17 the purposes of this Section. Appropriations to the 18 Secretary of State for those purposes shall, instead, be made 19 from the General Revenue Fund. Is shall not be lawful to 20 circumvent this limitation on appropriations by governmental 21 reorganization or other methods. 22 (Source: P.A. 91-37, eff. 7-1-99; 91-760, eff. 1-1-01.)".