98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB2139

 

Introduced 2/15/2013, by Sen. Pamela J. Althoff - William E. Brady - Sue Rezin - Karen McConnaughay

 

SYNOPSIS AS INTRODUCED:
 
30 ILCS 105/8.3  from Ch. 127, par. 144.3

    Amends the State Finance Act. Provides that beginning in fiscal year 2014 the Road Fund must spend 40% of its revenue on actual construction and maintenance projects. Allows the Road Fund administrators that fall below this 40% threshold in one year to make additional expenditures in later years so that the three year average equals 40%. Directs the Comptroller to perform an audit of the Road Fund's revenue and expenditures every three years to ensure compliance with this requirement. Provides that if the Comptroller determines the Road Fund has not met its expenditure threshold, it will have its share of the Motor Fuel Sales Tax revenue reduced by 1%, and the State Construction Account Fund will receive the lost funds. Directs the Comptroller to conduct yearly, rather than thrice annual, audits upon determination of a deficiency, and provides that the Road Fund will continue losing shares of the Motor Fuel Sales Tax revenue to the State Construction Account Fund until it makes enough construction and maintenance expenditures to equal previous shortfalls. Provides that if the Road Fund has lost shares of the Motor Fuel Sales Tax revenue, it will regain them at the rate of 1% per year that it meets the 40% expenditure target. Provides that the Comptroller shall return to a three year audit schedule once the Road Fund has reacquired its lost shares of Motor Fuel Sales Tax revenue.


LRB098 10426 MLW 40631 b

 

 

A BILL FOR

 

SB2139LRB098 10426 MLW 40631 b

1    AN ACT concerning finance.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Finance Act is amended by changing
5Section 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
8State of Illinois incurs any bonded indebtedness for the
9construction of permanent highways, be set aside and used for
10the purpose of paying and discharging annually the principal
11and interest on that bonded indebtedness then due and payable,
12and for no other purpose. The surplus, if any, in the Road Fund
13after the payment of principal and interest on that bonded
14indebtedness then annually due shall be used as follows:
15        first -- to pay the cost of administration of Chapters
16    2 through 10 of the Illinois Vehicle Code, except the cost
17    of administration of Articles I and II of Chapter 3 of that
18    Code; and
19        secondly -- for expenses of the Department of
20    Transportation for construction, reconstruction,
21    improvement, repair, maintenance, operation, and
22    administration of highways in accordance with the
23    provisions of laws relating thereto, or for any purpose

 

 

SB2139- 2 -LRB098 10426 MLW 40631 b

1    related or incident to and connected therewith, including
2    the separation of grades of those highways with railroads
3    and with highways and including the payment of awards made
4    by the Illinois Workers' Compensation Commission under the
5    terms of the Workers' Compensation Act or Workers'
6    Occupational Diseases Act for injury or death of an
7    employee of the Division of Highways in the Department of
8    Transportation; or for the acquisition of land and the
9    erection of buildings for highway purposes, including the
10    acquisition of highway right-of-way or for investigations
11    to determine the reasonably anticipated future highway
12    needs; or for making of surveys, plans, specifications and
13    estimates for and in the construction and maintenance of
14    flight strips and of highways necessary to provide access
15    to military and naval reservations, to defense industries
16    and defense-industry sites, and to the sources of raw
17    materials and for replacing existing highways and highway
18    connections shut off from general public use at military
19    and naval reservations and defense-industry sites, or for
20    the purchase of right-of-way, except that the State shall
21    be reimbursed in full for any expense incurred in building
22    the flight strips; or for the operating and maintaining of
23    highway garages; or for patrolling and policing the public
24    highways and conserving the peace; or for the operating
25    expenses of the Department relating to the administration
26    of public transportation programs; or, during fiscal year

 

 

SB2139- 3 -LRB098 10426 MLW 40631 b

1    2012 only, for the purposes of a grant not to exceed
2    $8,500,000 to the Regional Transportation Authority on
3    behalf of PACE for the purpose of ADA/Para-transit
4    expenses; or, during fiscal year 2013 only, for the
5    purposes of a grant not to exceed $3,825,000 to the
6    Regional Transportation Authority on behalf of PACE for the
7    purpose of ADA/Para-transit expenses; or for any of those
8    purposes or any other purpose that may be provided by law.
9    Appropriations for any of those purposes are payable from
10the Road Fund. Appropriations may also be made from the Road
11Fund for the administrative expenses of any State agency that
12are related to motor vehicles or arise from the use of motor
13vehicles.
14    Beginning with fiscal year 1980 and thereafter, no Road
15Fund monies shall be appropriated to the following Departments
16or agencies of State government for administration, grants, or
17operations; but this limitation is not a restriction upon
18appropriating for those purposes any Road Fund monies that are
19eligible for federal reimbursement;
20        1. Department of Public Health;
21        2. Department of Transportation, only with respect to
22    subsidies for one-half fare Student Transportation and
23    Reduced Fare for Elderly, except during fiscal year 2012
24    only when no more than $40,000,000 may be expended and
25    except during fiscal year 2013 only when no more than
26    $17,570,300 may be expended;

 

 

SB2139- 4 -LRB098 10426 MLW 40631 b

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
6Fund monies shall be appropriated to the following Departments
7or agencies of State government for administration, grants, or
8operations; but this limitation is not a restriction upon
9appropriating for those purposes any Road Fund monies that are
10eligible 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, except during fiscal year 2012
15    only when no more than $40,000,000 may be expended and
16    except during fiscal year 2013 only when no more than
17    $26,000,000 may be expended, and Rail Freight Services.
18    Beginning with fiscal year 1982 and thereafter, no Road
19Fund monies shall be appropriated to the following Departments
20or agencies of State government for administration, grants, or
21operations; but this limitation is not a restriction upon
22appropriating for those purposes any Road Fund monies that are
23eligible for federal reimbursement: Department of Central
24Management Services, except for awards made by the Illinois
25Workers' Compensation Commission under the terms of the
26Workers' Compensation Act or Workers' Occupational Diseases

 

 

SB2139- 5 -LRB098 10426 MLW 40631 b

1Act for injury or death of an employee of the Division of
2Highways in the Department of Transportation.
3    Beginning with fiscal year 1984 and thereafter, no Road
4Fund monies shall be appropriated to the following Departments
5or agencies of State government for administration, grants, or
6operations; but this limitation is not a restriction upon
7appropriating for those purposes any Road Fund monies that are
8eligible for federal reimbursement:
9        1. Department of State Police, except not more than 40%
10    of the funds appropriated for the Division of Operations;
11        2. State Officers.
12    Beginning with fiscal year 1984 and thereafter, no Road
13Fund monies shall be appropriated to any Department or agency
14of State government for administration, grants, or operations
15except as provided hereafter; but this limitation is not a
16restriction upon appropriating for those purposes any Road Fund
17monies that are eligible for federal reimbursement. It shall
18not be lawful to circumvent the above appropriation limitations
19by governmental reorganization or other methods.
20Appropriations shall be made from the Road Fund only in
21accordance with the provisions of this Section.
22    Money in the Road Fund shall, if and when the State of
23Illinois incurs any bonded indebtedness for the construction of
24permanent highways, be set aside and used for the purpose of
25paying and discharging during each fiscal year the principal
26and interest on that bonded indebtedness as it becomes due and

 

 

SB2139- 6 -LRB098 10426 MLW 40631 b

1payable as provided in the Transportation Bond Act, and for no
2other purpose. The surplus, if any, in the Road Fund after the
3payment of principal and interest on that bonded indebtedness
4then annually due shall be used as follows:
5        first -- to pay the cost of administration of Chapters
6    2 through 10 of the Illinois Vehicle Code; and
7        secondly -- no Road Fund monies derived from fees,
8    excises, or license taxes relating to registration,
9    operation and use of vehicles on public highways or to
10    fuels used for the propulsion of those vehicles, shall be
11    appropriated or expended other than for costs of
12    administering the laws imposing those fees, excises, and
13    license taxes, statutory refunds and adjustments allowed
14    thereunder, administrative costs of the Department of
15    Transportation, including, but not limited to, the
16    operating expenses of the Department relating to the
17    administration of public transportation programs, payment
18    of debts and liabilities incurred in construction and
19    reconstruction of public highways and bridges, acquisition
20    of rights-of-way for and the cost of construction,
21    reconstruction, maintenance, repair, and operation of
22    public highways and bridges under the direction and
23    supervision of the State, political subdivision, or
24    municipality collecting those monies, or during fiscal
25    year 2012 only for the purposes of a grant not to exceed
26    $8,500,000 to the Regional Transportation Authority on

 

 

SB2139- 7 -LRB098 10426 MLW 40631 b

1    behalf of PACE for the purpose of ADA/Para-transit
2    expenses, and the costs for patrolling and policing the
3    public highways (by State, political subdivision, or
4    municipality collecting that money) for enforcement of
5    traffic laws. The separation of grades of such highways
6    with railroads and costs associated with protection of
7    at-grade highway and railroad crossing shall also be
8    permissible.
9    Appropriations for any of such purposes are payable from
10the Road Fund or the Grade Crossing Protection Fund as provided
11in Section 8 of the Motor Fuel Tax Law.
12    Except as provided in this paragraph, beginning with fiscal
13year 1991 and thereafter, no Road Fund monies shall be
14appropriated to the Department of State Police for the purposes
15of this Section in excess of its total fiscal year 1990 Road
16Fund appropriations for those purposes unless otherwise
17provided in Section 5g of this Act. For fiscal years 2003,
182004, 2005, 2006, and 2007 only, no Road Fund monies shall be
19appropriated to the Department of State Police for the purposes
20of this Section in excess of $97,310,000. For fiscal year 2008
21only, no Road Fund monies shall be appropriated to the
22Department of State Police for the purposes of this Section in
23excess of $106,100,000. For fiscal year 2009 only, no Road Fund
24monies shall be appropriated to the Department of State Police
25for the purposes of this Section in excess of $114,700,000.
26Beginning in fiscal year 2010, no road fund moneys shall be

 

 

SB2139- 8 -LRB098 10426 MLW 40631 b

1appropriated to the Department of State Police. It shall not be
2lawful to circumvent this limitation on appropriations by
3governmental reorganization or other methods unless otherwise
4provided in Section 5g of this Act.
5    In fiscal year 1994, no Road Fund monies shall be
6appropriated to the Secretary of State for the purposes of this
7Section in excess of the total fiscal year 1991 Road Fund
8appropriations to the Secretary of State for those purposes,
9plus $9,800,000. It shall not be lawful to circumvent this
10limitation on appropriations by governmental reorganization or
11other method.
12    Beginning with fiscal year 1995 and thereafter, no Road
13Fund monies shall be appropriated to the Secretary of State for
14the purposes of this Section in excess of the total fiscal year
151994 Road Fund appropriations to the Secretary of State for
16those purposes. It shall not be lawful to circumvent this
17limitation on appropriations by governmental reorganization or
18other methods.
19    Beginning with fiscal year 2000, total Road Fund
20appropriations to the Secretary of State for the purposes of
21this Section shall not exceed the amounts specified for the
22following fiscal years:
23    Fiscal Year 2000$80,500,000;
24    Fiscal Year 2001$80,500,000;
25    Fiscal Year 2002$80,500,000;
26    Fiscal Year 2003$130,500,000;

 

 

SB2139- 9 -LRB098 10426 MLW 40631 b

1    Fiscal Year 2004$130,500,000;
2    Fiscal Year 2005$130,500,000;
3    Fiscal Year 2006 $130,500,000;
4    Fiscal Year 2007 $130,500,000;
5    Fiscal Year 2008$130,500,000;
6    Fiscal Year 2009 $130,500,000.
7    For fiscal year 2010, no road fund moneys shall be
8appropriated to the Secretary of State.
9    Beginning in fiscal year 2011, moneys in the Road Fund
10shall be appropriated to the Secretary of State for the
11exclusive purpose of paying refunds due to overpayment of fees
12related to Chapter 3 of the Illinois Vehicle Code unless
13otherwise provided for by law.
14    Beginning in fiscal year 2014, at least 40% of all Road
15Fund revenue shall be appropriated for construction,
16reconstruction, improvement, repair, and maintenance of
17highways and bridges in accordance with the laws of this State.
18Beginning in fiscal year 2017, and at the conclusion of every
19third fiscal year thereafter, the Comptroller shall audit the
20Road Fund to determine the amount of total revenue deposited
21into the Road Fund during the past three fiscal years. After
22determining the total revenue for the past three fiscal years,
23the Comptroller shall determine what percentage of this total
24revenue was expended for the purpose of construction,
25reconstruction, improvement, repair, and maintenance of
26highways and bridges in accordance with the laws of this State.

 

 

SB2139- 10 -LRB098 10426 MLW 40631 b

1The Comptroller shall report his or her findings to the General
2Assembly, and in the event that the total expenditure on
3construction and maintenance projects over the past three
4fiscal years is less than 40% of the total revenue deposited in
5the Road Fund during that time, the percentage of revenue
6generated by the Motor Fuel Sales Tax that is divided between
7the Road Fund and the State Construction Account Fund as
8provided in subsection (e) of Section 8 of the Motor Fuel Tax
9Law shall be adjusted so that the Road Fund's share shall be
10reduced by 1% and the State Construction Account Fund's share
11shall be increased by 1%. In the fiscal year subsequent to a
12shortfall, the Road Fund shall appropriate additional
13expenditures for construction and maintenance projects equal
14to the amount by which the Road Fund missed the 40% target over
15the past three fiscal years, and the Comptroller shall perform
16an additional audit for that year to ensure the shortfall is
17remedied. If this expenditure is not made, the percentage of
18revenue generated by the Motor Fuel Sales Tax that is divided
19between the Road Fund and the State Construction Account Fund
20as provided in subsection (e) of Section 8 of the Motor Fuel
21Tax Law shall be adjusted so that the Road Fund's share shall
22be reduced by 1% and the State Construction Account Fund's
23share shall be increased by 1%. This additional expenditure and
24audit requirement, with its attendant readjustment of Motor
25Fuel Sales Tax revenue deposits, shall continue every fiscal
26year until the Road Fund has satisfied all previous shortfalls.

 

 

SB2139- 11 -LRB098 10426 MLW 40631 b

1Once the Road Fund has satisfied all previous shortfalls, the
2percentage of revenue generated by the Motor Fuel Sales Tax
3that is divided between the Road Fund and the State
4Construction Account Fund as provided in subsection (e) of
5Section 8 of the Motor Fuel Tax Law shall be adjusted so that
6the Road Fund's share shall be increased by 1% and the State
7Construction Account Fund's share shall be reduced by 1%. The
8Comptroller shall continue to perform a yearly audit of the
9Road Fund to monitor compliance with the 40% construction and
10maintenance expenditure requirement. For every year that the
11target expenditure is met the percentage of revenue generated
12by the Motor Fuel Sales Tax that is divided between the Road
13Fund and the State Construction Account Fund as provided in
14subsection (e) of Section 8 of the Motor Fuel Tax Law shall be
15adjusted so that the Road Fund's share shall be increased by
161%, up to its statutory maximum, and the State Construction
17Account Fund's share shall be reduced by 1%, down to its
18statutory minimum. Once the Road Fund's share of Motor Fuel
19Sales Tax revenue has returned to its statutory maximum, the
20Comptroller shall cease performing yearly audits of the Road
21Fund and return to performing an audit every three years as
22detailed in this paragraph.
23    It shall not be lawful to circumvent this limitation on
24appropriations by governmental reorganization or other
25methods.
26    No new program may be initiated in fiscal year 1991 and

 

 

SB2139- 12 -LRB098 10426 MLW 40631 b

1thereafter that is not consistent with the limitations imposed
2by this Section for fiscal year 1984 and thereafter, insofar as
3appropriation of Road Fund monies is concerned.
4    Nothing in this Section prohibits transfers from the Road
5Fund to the State Construction Account Fund under Section 5e of
6this Act; nor to the General Revenue Fund, as authorized by
7this amendatory Act of the 93rd General Assembly.
8    The additional amounts authorized for expenditure in this
9Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91
10shall be repaid to the Road Fund from the General Revenue Fund
11in the next succeeding fiscal year that the General Revenue
12Fund has a positive budgetary balance, as determined by
13generally accepted accounting principles applicable to
14government.
15    The additional amounts authorized for expenditure by the
16Secretary of State and the Department of State Police in this
17Section by this amendatory Act of the 94th General Assembly
18shall be repaid to the Road Fund from the General Revenue Fund
19in the next succeeding fiscal year that the General Revenue
20Fund has a positive budgetary balance, as determined by
21generally accepted accounting principles applicable to
22government.
23(Source: P.A. 96-34, eff. 7-13-09; 96-959, eff. 7-1-10; 97-72,
24eff. 7-1-11; 97-732, eff. 6-30-12.)