State of Illinois
92nd General Assembly
Legislation

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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.)".

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