94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB2988

 

Introduced 1/20/2006, by Sen. Dave Syverson - William E. Peterson - Dan Cronin - Peter J. Roskam - Christine Radogno

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 2705/2705-212 new
30 ILCS 105/8.3   from Ch. 127, par. 144.3

    Amends the Department of Transportation Law of the Civil Administrative Code of Illinois. Provides for the transfer of $170,000,000 from the General Revenue Fund to the Road Fund in each of Fiscal Years 2007, 2008, and 2009. Directs the Department of Transportation to use this money to make grants to certain counties for the mitigation and relief of traffic congestion and for road or other transportation projects relating to business development. Bases eligibility for grants on county population growth and, for one class of grants, on county unemployment rates. Apportions 40% of available grant funds on the basis of county population; apportions 40% of available grant funds on the basis of population growth, and apportions 20% of available grant funds equally among eligible counties with high unemployment. Directs the Department to distribute the grants to the eligible counties as quickly as may be practical. Provides that an eligible county must establish its eligibility to the satisfaction of the Department, but need not specify the grant projects or other proposed uses of the grant at the time of application for the grant or before receiving the grant money. Amends the State Finance Act to exempt the grant funds from any limitations on the use of moneys from the Road Fund. Effective July 1, 2006.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2988 LRB094 19190 EFG 54727 b

1     AN ACT concerning transportation.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Department of Transportation Law of the
5 Civil Administrative Code of Illinois is amended by adding
6 Section 2705-212 as follows:
 
7     (20 ILCS 2705/2705-212 new)
8     Sec. 2705-212. Grants to certain counties for road and
9 traffic purposes.
10     (a) On each of July 1, 2006, July 1, 2007, and July 1,
11 2008, or as soon after those dates as may be practical, the
12 State Comptroller and Treasurer shall transfer the sum of
13 $170,000,000 from the General Revenue Fund to the Road Fund, to
14 be used for the sole purpose of making grants under this
15 Section.
16     (b) For the purposes of this Section:
17         (1) The term "eligible county" means any county that
18     either:
19             (i) has a population of 250,000 or more and has
20         experienced total population growth of 1.5% or more
21         during the period 2000 through 2004, based on the
22         latest population data available from the U.S. Census
23         Bureau; or
24             (ii) has a population of less than 250,000 and has
25         experienced total population growth of 20% or more
26         during the period 2000 through 2004, based on the
27         latest population data available from the U.S. Census
28         Bureau.
29         (2) The term "high-unemployment eligible county" means
30     an eligible county having an unemployment rate for the
31     month of November, 2005 that is greater than or equal to
32     the statewide average unemployment rate for that month,

 

 

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1     based on data that is not seasonally adjusted, as
2     determined and published by the Illinois Department of
3     Employment Security.
4     (c) Subject to appropriation, in each of State fiscal years
5 2007, 2008, and 2009, the Department of Transportation shall
6 make grants to eligible counties of the amounts calculated in
7 accordance with subsections (d), (e), and (f). The Department
8 shall distribute these grants to the eligible counties as
9 quickly as may be practical. An eligible county must establish
10 its eligibility to the satisfaction of the Department, but need
11 not specify the grant projects or other proposed uses of the
12 grant at the time of application for the grant or before
13 receiving the grant money.
14     (d) The Department shall apportion 40% of the money
15 available for distribution under this Section in each fiscal
16 year among all of the eligible counties, in the same proportion
17 as the population of the county is to the total population of
18 all eligible counties, based on the latest population data for
19 the year 2004 available from the U.S. Census Bureau.
20     All grant money received under this subsection (d) must be
21 used by the recipient county for the sole purpose of relieving
22 and mitigating traffic congestion in the county.
23     (e) The Department shall apportion 40% of the money
24 available for distribution under this Section in each fiscal
25 year among all of the eligible counties, in the same proportion
26 as the total growth in population of the county during the
27 period 2000 through 2004 is to the sum of the total growth in
28 population of all eligible counties during the period 2000
29 through 2004, based on the latest population data available
30 from the U.S. Census Bureau.
31     All grant money received under this subsection (e) must be
32 used by the recipient county for the sole purpose of relieving
33 and mitigating traffic congestion in the county.
34     (f) The Department shall apportion 20% of the money
35 available for distribution under this Section in each fiscal
36 year among all of the high-unemployment eligible counties, in

 

 

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1 equal portions.
2     All grant money received under this subsection (f) must be
3 used by the recipient county for one or both of the following
4 purposes: (i) relieving and mitigating traffic congestion in
5 the county, and (ii) road or other transportation projects
6 relating to business development.
7     (g) The Department may adopt emergency rules as necessary
8 to ensure the prompt implementation of this Section.
 
9     Section 10. The State Finance Act is amended by changing
10 Section 8.3 as follows:
 
11     (30 ILCS 105/8.3)  (from Ch. 127, par. 144.3)
12     Sec. 8.3. Money in the Road Fund shall, if and when the
13 State of Illinois incurs any bonded indebtedness for the
14 construction of permanent highways, be set aside and used for
15 the purpose of paying and discharging annually the principal
16 and interest on that bonded indebtedness then due and payable,
17 and for no other purpose. The surplus, if any, in the Road Fund
18 after the payment of principal and interest on that bonded
19 indebtedness then annually due shall be used as follows:
20         first -- to pay the cost of administration of Chapters
21     2 through 10 of the Illinois Vehicle Code, except the cost
22     of administration of Articles I and II of Chapter 3 of that
23     Code; and
24         secondly -- for expenses of the Department of
25     Transportation for construction, reconstruction,
26     improvement, repair, maintenance, operation, and
27     administration of highways in accordance with the
28     provisions of laws relating thereto, or for any purpose
29     related or incident to and connected therewith, including
30     the separation of grades of those highways with railroads
31     and with highways and including the payment of awards made
32     by the Illinois Workers' Compensation Commission under the
33     terms of the Workers' Compensation Act or Workers'
34     Occupational Diseases Act for injury or death of an

 

 

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1     employee of the Division of Highways in the Department of
2     Transportation; or for the acquisition of land and the
3     erection of buildings for highway purposes, including the
4     acquisition of highway right-of-way or for investigations
5     to determine the reasonably anticipated future highway
6     needs; or for making of surveys, plans, specifications and
7     estimates for and in the construction and maintenance of
8     flight strips and of highways necessary to provide access
9     to military and naval reservations, to defense industries
10     and defense-industry sites, and to the sources of raw
11     materials and for replacing existing highways and highway
12     connections shut off from general public use at military
13     and naval reservations and defense-industry sites, or for
14     the purchase of right-of-way, except that the State shall
15     be reimbursed in full for any expense incurred in building
16     the flight strips; or for the operating and maintaining of
17     highway garages; or for patrolling and policing the public
18     highways and conserving the peace; or for the operating
19     expenses of the Department relating to the administration
20     of public transportation programs; or for any of those
21     purposes or any other purpose that may be provided by law.
22     Appropriations for any of those purposes are payable from
23 the Road Fund. Appropriations may also be made from the Road
24 Fund for the administrative expenses of any State agency that
25 are related to motor vehicles or arise from the use of motor
26 vehicles.
27     Beginning with fiscal year 1980 and thereafter, no Road
28 Fund monies shall be appropriated to the following Departments
29 or agencies of State government for administration, grants, or
30 operations; but this limitation is not a restriction upon
31 appropriating for those purposes any Road Fund monies that are
32 eligible for federal reimbursement;
33         1. Department of Public Health;
34         2. Department of Transportation, only with respect to
35     subsidies for one-half fare Student Transportation and
36     Reduced Fare for Elderly;

 

 

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1         3. Department of Central Management Services, except
2     for expenditures incurred for group insurance premiums of
3     appropriate personnel;
4         4. Judicial Systems and Agencies.
5     Beginning with fiscal year 1981 and thereafter, no Road
6 Fund monies shall be appropriated to the following Departments
7 or agencies of State government for administration, grants, or
8 operations; but this limitation is not a restriction upon
9 appropriating for those purposes any Road Fund monies that are
10 eligible for federal reimbursement:
11         1. Department of State Police, except for expenditures
12     with respect to the Division of Operations;
13         2. Department of Transportation, only with respect to
14     Intercity Rail Subsidies and Rail Freight Services.
15     Beginning with fiscal year 1982 and thereafter, no Road
16 Fund monies shall be appropriated to the following Departments
17 or agencies of State government for administration, grants, or
18 operations; but this limitation is not a restriction upon
19 appropriating for those purposes any Road Fund monies that are
20 eligible for federal reimbursement: Department of Central
21 Management Services, except for awards made by the Illinois
22 Workers' Compensation Commission under the terms of the
23 Workers' Compensation Act or Workers' Occupational Diseases
24 Act for injury or death of an employee of the Division of
25 Highways in the Department of Transportation.
26     Beginning with fiscal year 1984 and thereafter, no Road
27 Fund monies shall be appropriated to the following Departments
28 or agencies of State government for administration, grants, or
29 operations; but this limitation is not a restriction upon
30 appropriating for those purposes any Road Fund monies that are
31 eligible for federal reimbursement:
32         1. Department of State Police, except not more than 40%
33     of the funds appropriated for the Division of Operations;
34         2. State Officers.
35     Beginning with fiscal year 1984 and thereafter, no Road
36 Fund monies shall be appropriated to any Department or agency

 

 

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1 of State government for administration, grants, or operations
2 except as provided hereafter; but this limitation is not a
3 restriction upon appropriating for those purposes any Road Fund
4 monies that are eligible for federal reimbursement. It shall
5 not be lawful to circumvent the above appropriation limitations
6 by governmental reorganization or other methods.
7 Appropriations shall be made from the Road Fund only in
8 accordance with the provisions of this Section.
9     Money in the Road Fund shall, if and when the State of
10 Illinois incurs any bonded indebtedness for the construction of
11 permanent highways, be set aside and used for the purpose of
12 paying and discharging during each fiscal year the principal
13 and interest on that bonded indebtedness as it becomes due and
14 payable as provided in the Transportation Bond Act, and for no
15 other purpose. The surplus, if any, in the Road Fund after the
16 payment of principal and interest on that bonded indebtedness
17 then annually due shall be used as follows:
18         first -- to pay the cost of administration of Chapters
19     2 through 10 of the Illinois Vehicle Code; and
20         secondly -- no Road Fund monies derived from fees,
21     excises, or license taxes relating to registration,
22     operation and use of vehicles on public highways or to
23     fuels used for the propulsion of those vehicles, shall be
24     appropriated or expended other than for costs of
25     administering the laws imposing those fees, excises, and
26     license taxes, statutory refunds and adjustments allowed
27     thereunder, administrative costs of the Department of
28     Transportation, including, but not limited to, the
29     operating expenses of the Department relating to the
30     administration of public transportation programs, payment
31     of debts and liabilities incurred in construction and
32     reconstruction of public highways and bridges, acquisition
33     of rights-of-way for and the cost of construction,
34     reconstruction, maintenance, repair, and operation of
35     public highways and bridges under the direction and
36     supervision of the State, political subdivision, or

 

 

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1     municipality collecting those monies, and the costs for
2     patrolling and policing the public highways (by State,
3     political subdivision, or municipality collecting that
4     money) for enforcement of traffic laws. The separation of
5     grades of such highways with railroads and costs associated
6     with protection of at-grade highway and railroad crossing
7     shall also be permissible.
8     Appropriations for any of such purposes are payable from
9 the Road Fund or the Grade Crossing Protection Fund as provided
10 in Section 8 of the Motor Fuel Tax Law.
11     Except as provided in this paragraph, beginning with fiscal
12 year 1991 and thereafter, no Road Fund monies shall be
13 appropriated to the Department of State Police for the purposes
14 of this Section in excess of its total fiscal year 1990 Road
15 Fund appropriations for those purposes unless otherwise
16 provided in Section 5g of this Act. For fiscal years 2003,
17 2004, 2005, and 2006 only, no Road Fund monies shall be
18 appropriated to the Department of State Police for the purposes
19 of this Section in excess of $97,310,000. It shall not be
20 lawful to circumvent this limitation on appropriations by
21 governmental reorganization or other methods unless otherwise
22 provided in Section 5g of this Act.
23     In fiscal year 1994, no Road Fund monies shall be
24 appropriated to the Secretary of State for the purposes of this
25 Section in excess of the total fiscal year 1991 Road Fund
26 appropriations to the Secretary of State for those purposes,
27 plus $9,800,000. It shall not be lawful to circumvent this
28 limitation on appropriations by governmental reorganization or
29 other method.
30     Beginning with fiscal year 1995 and thereafter, no Road
31 Fund monies shall be appropriated to the Secretary of State for
32 the purposes of this Section in excess of the total fiscal year
33 1994 Road Fund appropriations to the Secretary of State for
34 those purposes. It shall not be lawful to circumvent this
35 limitation on appropriations by governmental reorganization or
36 other methods.

 

 

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1     Beginning with fiscal year 2000, total Road Fund
2 appropriations to the Secretary of State for the purposes of
3 this Section shall not exceed the amounts specified for the
4 following fiscal years:
5        Fiscal Year 2000$80,500,000;
6        Fiscal Year 2001$80,500,000;
7        Fiscal Year 2002$80,500,000;
8        Fiscal Year 2003$130,500,000;
9        Fiscal Year 2004$130,500,000;
10        Fiscal Year 2005$130,500,000;
11        Fiscal Year 2006 $130,500,000;
12        Fiscal Year 2007 and$30,500,000.
13        each year thereafter
14     It shall not be lawful to circumvent this limitation on
15 appropriations by governmental reorganization or other
16 methods.
17     No new program may be initiated in fiscal year 1991 and
18 thereafter that is not consistent with the limitations imposed
19 by this Section for fiscal year 1984 and thereafter, insofar as
20 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 of
23 this Act; nor to the General Revenue Fund, as authorized by
24 this amendatory Act of the 93rd General Assembly.
25     The additional amounts authorized for expenditure in this
26 Section by Public Acts 92-0600, 93-0025, and 93-0839 shall be
27 repaid to the Road Fund from the General Revenue Fund in the
28 next succeeding fiscal year that the General Revenue Fund has a
29 positive budgetary balance, as determined by generally
30 accepted accounting principles applicable to government.
31     The additional amounts authorized for expenditure by the
32 Secretary of State and the Department of State Police in this
33 Section by this amendatory Act of the 94th General Assembly and
34 the 93rd General Assembly shall be repaid to the Road Fund from
35 the General Revenue Fund in the next succeeding fiscal year
36 that the General Revenue Fund has a positive budgetary balance,

 

 

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1 as determined by generally accepted accounting principles
2 applicable to government.
3     Notwithstanding the other provisions of this Section and
4 any other provision of law, the money transferred into the Road
5 Fund under Section 2705-212 of the Department of Transportation
6 Law of the Civil Administrative Code of Illinois shall be
7 appropriated to the Department of Transportation and expended
8 by that Department for the sole purpose of making the grants
9 referred to in that Section, and shall not be subject to any
10 other limitations on the use of moneys from the Road Fund.
11 (Source: P.A. 93-25, eff. 6-20-03; 93-721, eff. 1-1-05; 93-839,
12 eff. 7-30-04; 94-91, eff. 7-1-05.)
 
13     Section 99. Effective date. This Act takes effect upon
14 becoming law.