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Full Text of HB2460  98th General Assembly

HB2460 98TH GENERAL ASSEMBLY

  
  

 


 
98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB2460

 

Introduced , by Rep. Luis Arroyo

 

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

    Amends the State Finance Act. Provides that beginning with Fiscal Year 2014, all Road Fund Monies shall be appropriated to provide 50% to Department of Transportation District 1 and 50% to be divided among the remaining Department of Transportation Districts. Effective July 1, 2013.


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A BILL FOR

 

HB2460LRB098 10271 JWD 40450 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

 

 

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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

 

 

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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;

 

 

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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
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

 

 

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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

 

 

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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

 

 

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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

 

 

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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;

 

 

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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    It shall not be lawful to circumvent this limitation on
15appropriations by governmental reorganization or other
16methods.
17    No new program may be initiated in fiscal year 1991 and
18thereafter that is not consistent with the limitations imposed
19by this Section for fiscal year 1984 and thereafter, insofar as
20appropriation of Road Fund monies is concerned.
21    Nothing in this Section prohibits transfers from the Road
22Fund to the State Construction Account Fund under Section 5e of
23this Act; nor to the General Revenue Fund, as authorized by
24this amendatory Act of the 93rd General Assembly.
25    The additional amounts authorized for expenditure in this
26Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91

 

 

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1shall be repaid to the Road Fund from the General Revenue Fund
2in the next succeeding fiscal year that the General Revenue
3Fund has a positive budgetary balance, as determined by
4generally accepted accounting principles applicable to
5government.
6    The additional amounts authorized for expenditure by the
7Secretary of State and the Department of State Police in this
8Section by this amendatory Act of the 94th General Assembly
9shall be repaid to the Road Fund from the General Revenue Fund
10in the next succeeding fiscal year that the General Revenue
11Fund has a positive budgetary balance, as determined by
12generally accepted accounting principles applicable to
13government.
14    Notwithstanding any provision of law to the contrary,
15beginning with fiscal year 2014 and thereafter, all Road Fund
16monies shall be appropriated according to the following
17formula:
18        1. 50% to Department of Transportation District 1; and
19        2. 50% to Department of Transportation Districts 2
20    through 9, to be divided among those Districts at the
21    discretion of the Secretary of Transportation.
22(Source: P.A. 96-34, eff. 7-13-09; 96-959, eff. 7-1-10; 97-72,
23eff. 7-1-11; 97-732, eff. 6-30-12.)
 
24    Section 99. Effective date. This Act takes effect July 1,
252013.