98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SENATE JOINT RESOLUTION CONSTITUTIONAL AMENDMENT
SC0016

 

Introduced 2/14/2013, by Sen. Gary Forby

 

SYNOPSIS AS INTRODUCED:
 
ILCON Art. XIII, Sec. 9 new
ILCON Art. XIII, Sec. 10 new
ILCON Art. XIII, Sec. 11 new

    Proposes to amend the General Provisions Article of the Illinois Constitution. Provides that certain taxes and fees levied for the Road Fund are private funds held in trust by the legislature, and are protected from fund sweeps. Effective upon being declared adopted.


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SC0016LRB098 09801 JWD 39952 e

1
SENATE JOINT RESOLUTION
2
CONSTITUTIONAL AMENDMENT

 
3    RESOLVED, BY THE SENATE OF THE NINETY-EIGHTH GENERAL
4ASSEMBLY OF THE STATE OF ILLINOIS, THE HOUSE OF REPRESENTATIVES
5CONCURRING HEREIN, that there shall be submitted to the
6electors of the State for adoption or rejection at the general
7election next occurring at least 6 months after the adoption of
8this resolution a proposition to amend Article XIII of the
9Illinois Constitution by adding Sections 9, 10, and 11 as
10follows:
 
11
ARTICLE XIII
12
GENERAL PROVISIONS

13    (ILCON Art. XIII, Sec. 9 new)
14SECTION 9. ROAD FUND
15    All funds collected by the State from any taxes or fees
16levied or imposed for the payment of bonded indebtedness for
17the construction of permanent highways, and for expenses of the
18Department of Transportation for construction, reconstruction,
19improvement, repair, maintenance, operation, and
20administration of highways shall be deposited only into the
21Road Fund, its successor Fund, or with a trustee for the
22benefit of the Road Fund.
23    Notwithstanding any other provision of this Constitution

 

 

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1to the contrary, any deposits into the Road Fund are not public
2monies, but are self-generated, private monies to be held in
3trust by the legislature in accordance with the provisions of
4law relating thereto. Such funds shall not be defined as State
5general funds or dedicated funds required for deposit in the
6State treasury.
7    No bill that has the effect, directly or indirectly, of
8diverting money from the Road Fund by way of sweeps,
9administrative charges or charge backs, or any other fiscal or
10budgetary maneuver that would transfer any amount from this
11Fund into any other Fund of the State, unless specifically
12authorized by law prior to the effective date of this
13Constitutional Amendment, shall become law.
 
14    (ILCON Art. XIII, Sec. 10 new)
15SECTION 10. STATE CONSTRUCTION ACCOUNT FUND
16    All funds collected by the State from any taxes or fees
17levied or imposed for the payment of construction,
18reconstruction and maintenance of the State maintained highway
19system shall be deposited only into the State Construction
20Account Fund, its successor Fund, or with a trustee for the
21benefit of the State Construction Account Fund.
22    Notwithstanding any other provision of this Constitution
23to the contrary, any deposits into the State Construction
24Account Fund are not public monies, but are self-generated,
25private monies to be held in trust by the legislature for the

 

 

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1payment of construction, reconstruction and maintenance of the
2State maintained highway system. Such funds shall not be
3defined as State general funds or dedicated funds required for
4deposit in the State treasury.
5    No bill that has the effect, directly or indirectly, of
6diverting money from the State Construction Account Fund by way
7of sweeps, administrative charges or charge backs, or any other
8fiscal or budgetary maneuver that would transfer any amount
9from this Fund into any other Fund of the State, unless
10specifically authorized by law prior to the effective date of
11this Constitutional Amendment, shall become law.
 
12    (ILCON Art. XIII, Sec. 11 new)
13SECTION 11. MOTOR FUEL TAX FUND
14    All funds collected by the State from any taxes or fees
15levied or imposed for the payment of transfers to the State
16Construction Fund, the State Boating Act Fund, the Grade
17Crossing Protection Fund, and any amount remaining from the
18Motor Fuel Tax Fund to be allocated as authorized by the
19legislature shall be deposited only into the Motor Fuel Tax
20Fund, its successor Fund, or with a trustee for the benefit of
21the Motor Fuel Tax Fund.
22    Notwithstanding any other provision of this Constitution
23to the contrary, any deposits into the Motor Fuel Tax Fund are
24not public monies, but are self-generated, private monies to be
25held in trust by the legislature. Such funds shall not be

 

 

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1defined as State general funds or dedicated funds required for
2deposit in the State treasury.
3    No bill that has the effect, directly or indirectly, of
4diverting money from the Motor Fuel Tax Fund by way of sweeps,
5administrative charges or charge backs, or any other fiscal or
6budgetary maneuver that would transfer any amount from this
7Fund into any other Fund of the State, unless specifically
8authorized by law prior to the effective date of this
9Constitutional Amendment, shall become law.
 
10
SCHEDULE
11    This Constitutional Amendment takes effect upon being
12declared adopted in accordance with Section 7 of the Illinois
13Constitutional Amendment Act.