94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB0444


 
Introduced 2/16/2005, by Sen. Dale A. Righter
 
SYNOPSIS AS INTRODUCED:
 		














30 ILCS 105/8.3
  from Ch. 127, par. 144.3







    Amends the State Finance Act.  Provides that, for fiscal year 2006 and thereafter, no Road Fund moneys may be
appropriated to the Department of Central
Management Services, the Department of Employment
Security, the Department of Revenue, the Court of Claims, or any other State
agency (other than the Department of State Police and the Department of
Transportation and, until fiscal year 2008, the Secretary of State). Provides that, beginning with fiscal year 2008 and thereafter, no Road Fund moneys may be
appropriated to the Secretary of State. Provides that Road Fund moneys appropriated to the Secretary of State may not exceed $32,200,000 in FY06 and $16,100,000 in FY07 (now, $30,500,000 for FY06 and thereafter). Effective immediately. 
















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FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











SB0444

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1
    AN ACT concerning finance.

 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:


 
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 payable, 
12
and for no other purpose.  The
surplus, if any, in the Road Fund 
13
after the payment of principal and
interest on that bonded 
14
indebtedness 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 
24
    related or
incident to and connected therewith, including 
25
    the separation of grades
of those highways with railroads 
26
    and with highways and including the
payment of awards made 
27
    by the Illinois Workers' Compensation  Commission under the 
28
    terms of
the Workers' Compensation Act or Workers' 
29
    Occupational Diseases Act for
injury or death of an 
30
    employee of the Division of Highways in the
Department of 
31
    Transportation; or for the acquisition of land and the

32
    erection of buildings for highway purposes, including the 
 


 






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    acquisition of
highway right-of-way or for investigations 
2
    to determine the reasonably
anticipated future highway 
3
    needs; or for making of surveys, plans,
specifications and 
4
    estimates for and in the construction and maintenance
of 
5
    flight strips and of highways necessary to provide access 
6
    to military
and naval reservations, to defense industries 
7
    and defense-industry
sites, and to the sources of raw 
8
    materials and for replacing existing
highways and highway 
9
    connections shut off from general public use at
military 
10
    and naval reservations and defense-industry sites, or for 
11
    the
purchase of right-of-way, except that the State shall 
12
    be reimbursed in
full for any expense incurred in building 
13
    the flight strips; or for the
operating and maintaining of 
14
    highway garages; or for patrolling and
policing the public 
15
    highways and conserving the peace; or for the operating 
16
    expenses of the Department relating to the administration 
17
    of public transportation programs; or for any of
those 
18
    purposes or any other purpose that may be provided by law.

19
    Appropriations for any of those purposes are payable from 
20
the Road
Fund.  Appropriations may also be made from the Road 
21
Fund for the
administrative expenses of any State agency that 
22
are related to motor
vehicles or arise from the use of motor 
23
vehicles.

24
    For
Beginning with fiscal year 1980 and thereafter, no Road 
25
Fund monies
shall be appropriated to the following Departments 
26
or agencies of State
government for administration, grants, or 
27
operations; but this
limitation is not a restriction upon 
28
appropriating for those purposes any
Road Fund monies that are 
29
eligible for federal reimbursement;


30
        1. Department of Public Health;


31
        2. Department of Transportation, only with respect to 
32
    subsidies for
one-half fare Student Transportation and 
33
    Reduced Fare for Elderly;


34
        3. Department of Central Management
Services, except 
35
    for expenditures
incurred for group insurance premiums of 
36
    appropriate personnel;


 


 






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        4. Judicial Systems and Agencies.

2
    Beginning with fiscal year 1981 and thereafter, no Road 
3
Fund monies
shall be appropriated to the following Departments 
4
or agencies of State
government for administration, grants, or 
5
operations; but this
limitation is not a restriction upon 
6
appropriating for those purposes any
Road Fund monies that are 
7
eligible for federal reimbursement:


8
        1. Department of State Police, except for expenditures 
9
    with
respect to the Division of Operations;


10
        2. Department of Transportation, only with respect to 
11
    Intercity Rail
Subsidies and Rail Freight Services.

12
    Beginning with fiscal year 1982 and thereafter, no Road 
13
Fund monies
shall be appropriated to the following Departments 
14
or agencies of State
government for administration, grants, or 
15
operations; but this
limitation is not a restriction upon 
16
appropriating for those purposes any
Road Fund monies that are 
17
eligible for federal reimbursement:  Department
of Central 
18
Management Services, except for awards made by
the Illinois 
19
Workers' Compensation  Commission under the terms of the 
20
Workers' Compensation Act
or Workers' Occupational Diseases 
21
Act for injury or death of an employee of
the Division of 
22
Highways in the Department of Transportation.

23
    For
Beginning with fiscal year 1984 and thereafter, no Road 
24
Fund monies
shall be appropriated to the following Departments 
25
or agencies of State
government for administration, grants, or 
26
operations; but this
limitation is not a restriction upon 
27
appropriating for those purposes any
Road Fund monies that are 
28
eligible for federal reimbursement:


29
        1. Department of State Police, except not more than 40% 
30
    of the
funds appropriated for the Division of Operations;


31
        2. State Officers.

32
    Beginning with fiscal year 1984 and thereafter, no Road 
33
Fund monies
shall be appropriated to any Department or agency 
34
of State government
for administration, grants, or operations 
35
except as provided hereafter;
but this limitation is not a 
36
restriction upon appropriating for those
purposes any Road Fund 
 


 






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monies that are eligible for federal
reimbursement.  It shall 
2
not be lawful to circumvent the above
appropriation limitations 
3
by governmental reorganization or other
methods.  
4
Appropriations shall be made from the Road Fund only in

5
accordance with the provisions of this Section.

6
    Money in the Road Fund shall, if and when the State of 
7
Illinois
incurs any bonded indebtedness for the construction of 
8
permanent
highways, be set aside and used for the purpose of 
9
paying  and
discharging during each fiscal year the principal 
10
and interest on that
bonded indebtedness as it becomes due and 
11
payable as provided in the
Transportation Bond Act, and for no 
12
other
purpose.  The surplus, if any, in the Road Fund after the 
13
payment of
principal and interest on that bonded indebtedness 
14
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; and


17
        secondly -- no Road Fund monies derived from fees, 
18
    excises, or
license taxes relating to registration, 
19
    operation and use of vehicles on
public highways or to 
20
    fuels used for the propulsion of those vehicles,
shall be 
21
    appropriated or expended other than for costs of 
22
    administering
the laws imposing those fees, excises, and 
23
    license taxes, statutory
refunds and adjustments allowed 
24
    thereunder, administrative costs of the
Department of 
25
    Transportation, including, but not limited to, the 
26
    operating expenses of the Department relating to the 
27
    administration of public transportation programs, payment 
28
    of debts and liabilities incurred
in construction and 
29
    reconstruction of public highways and bridges,
acquisition 
30
    of rights-of-way for and the cost of construction,

31
    reconstruction, maintenance, repair, and operation of 
32
    public highways and
bridges under the direction and 
33
    supervision of the State, political
subdivision, or 
34
    municipality collecting those monies, and the costs for

35
    patrolling and policing the public highways (by State, 
36
    political
subdivision, or municipality collecting that 
 


 






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    money) for enforcement of
traffic laws.  The separation of 
2
    grades of such highways with railroads
and costs associated 
3
    with protection of at-grade highway and railroad
crossing 
4
    shall also be permissible.

5
    Appropriations for any of such purposes are payable from 
6
the Road
Fund or the Grade Crossing Protection Fund as provided 
7
in Section 8 of
the Motor Fuel Tax Law.

8
    Except as provided in this paragraph, beginning with fiscal 
9
year 1991 and
thereafter, no Road Fund monies
shall be 
10
appropriated to the Department of State Police for the purposes 
11
of
this Section in excess of its total fiscal year 1990 Road 
12
Fund
appropriations for those purposes unless otherwise 
13
provided in Section 5g of
this Act.
For fiscal years 2003,


14
2004, and 2005 only, no Road Fund monies shall
be appropriated 
15
to the
Department of State Police for the purposes of this 
16
Section in excess of
$97,310,000.
It shall not be lawful to 
17
circumvent this limitation on
appropriations by governmental 
18
reorganization or other methods unless
otherwise provided in 
19
Section 5g of this Act.

20
    In fiscal year 1994, no Road Fund monies shall be 
21
appropriated
to the
Secretary of State for the purposes of this 
22
Section in excess of the total
fiscal year 1991 Road Fund 
23
appropriations to the Secretary of State for
those purposes, 
24
plus $9,800,000.  It
shall not be
lawful to circumvent
this 
25
limitation on appropriations by governmental reorganization or 
26
other
method.

27
    Beginning with fiscal year 1995 and thereafter, no Road 
28
Fund
monies
shall be appropriated to the Secretary of State for 
29
the purposes of this
Section in excess of the total fiscal year 
30
1994 Road Fund
appropriations to
the Secretary of State for 
31
those purposes. It shall not be lawful to
circumvent this 
32
limitation on appropriations by governmental reorganization
or 
33
other methods.

34
    Beginning with fiscal year 2000, total Road Fund 
35
appropriations to the
Secretary of State for the purposes of 
36
this Section shall not exceed the
amounts specified for the 


 


 






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following fiscal years:





































2        Fiscal Year 2000$80,500,000;
3        Fiscal Year 2001$80,500,000;
4        Fiscal Year 2002$80,500,000;
5        Fiscal Year 2003$130,500,000;
6        Fiscal Year 2004$130,500,000;
7        Fiscal Year 2005$130,500,000;



8        Fiscal Year 2006
$32,200,000;



9        Fiscal Year 2007
$16,100,000;



10        Fiscal Year 2008 and thereafter
$0.

11        Fiscal Year 2006 and$30,500,000.


12        each year thereafter
13
    It shall not be lawful to circumvent this limitation on 
14
appropriations by
governmental reorganization or other 
15
methods.

16
    No new program may be initiated in fiscal year 1991 and

17
thereafter that is not consistent with the limitations imposed 
18
by this
Section for fiscal year 1984 and thereafter, insofar as 
19
appropriation of
Road Fund monies is concerned.

20
    Nothing in this Section prohibits transfers from the Road 
21
Fund to the
State Construction Account Fund under Section 5e of 
22
this Act; nor to the
General Revenue Fund, as authorized by 
23
this amendatory Act of
the 93rd
General Assembly.

24
    The additional amounts authorized for expenditure in this 
25
Section by Public Acts 92-0600 and 93-0025 shall be repaid to 
26
the Road Fund
from the General Revenue Fund in the next 
27
succeeding fiscal year that the
General Revenue Fund has a 
28
positive budgetary balance, as determined by
generally 
29
accepted accounting principles applicable to government.

30
    The additional amounts authorized for expenditure by the 
31
Secretary of State
and
the Department of State Police in this 
32
Section by this amendatory Act of the
93rd General
Assembly 
33
shall be repaid to the Road Fund from the General Revenue Fund 
34
in the
next
succeeding fiscal year that the General Revenue 
35
Fund has a positive budgetary
balance,
as determined by 
36
generally accepted accounting principles applicable to

 


 






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1
government.

2
    For fiscal year 2006 and thereafter, no Road Fund moneys 
3
may be
appropriated to the Department of Central
Management 
4
Services, the Department of Employment
Security, the 
5
Department of Revenue, the Court of Claims, or any other State

6
agency (other than the Department of State Police and the 
7
Department of
Transportation and, until fiscal year 2008, the 
8
Secretary of State) for the
purposes of this Section.

9
Appropriations to those
entities for those purposes shall,

10
instead, be made from the General Revenue Fund.  It shall not be 
11
lawful to
circumvent this limitation on appropriations by 
12
governmental reorganization or
other methods.  Nothing in this 
13
paragraph prohibits appropriations from the
Road Fund to the 
14
Department of State Police for the purposes of the
highway 
15
patrol budget only.

16
    For fiscal year 2008 and thereafter, no Road Fund moneys 
17
may be
appropriated to the Secretary of State for the purposes 
18
of this Section.
Appropriations to the Secretary of State for 
19
those purposes shall, instead, be
made from the General Revenue 
20
Fund.  Is shall not be lawful to circumvent this
limitation on 
21
appropriations by governmental reorganization or other 
22
methods.

23
(Source: P.A. 92-600, eff. 6-28-02; 93-25, eff. 6-20-03; 
24
93-721, eff. 1-1-05; 93-839, eff. 7-30-04; revised 10-25-04.)


 
25
    Section 99. Effective date. This Act takes effect upon 
26
becoming law.