93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
SB2745

 

Introduced 2/5/2004, by Mattie Hunter

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 2705/2705-580 new
30 ILCS 105/5d   from Ch. 127, par. 141d
35 ILCS 505/8   from Ch. 120, par. 424

    Amends the Department of Transportation Law of the Civil Administrative Code of Illinois. Requires the Department, in cooperation with the State Board of Education and the Department of State Police, to establish and administer a Safe Routes to School Construction Program for the construction of bike paths, walking trails, pedestrian bridges, and safe routes for walking and biking to school, with construction grants being made available to local governmental agencies from proceeds of the Motor Fuel Tax Law. Amends the Motor Fuel Tax Law and the State Finance Act. Provides that the Motor Fuel Tax Law proceeds deposited into the State Construction Account Fund shall, subject to appropriation, also be used for the purposes of the Safe Routes to School Construction Program.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1     AN ACT concerning taxes.
 
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 2705-580 as follows:
 
7     (20 ILCS 2705/2705-580 new)
8     Sec. 2705-580. Safe Routes to School Construction Program.
9     (a) The Department of Transportation, in cooperation with
10 the State Board of Education and the Department of State
11 Police, shall establish and administer a Safe Routes to School
12 Construction Program for the construction of bike paths,
13 walking trails, pedestrian bridges, and safe routes for walking
14 and biking to school.
15     (b) Subject to appropriation from the State Construction
16 Account Fund, the Department of Transportation shall make
17 construction grants available to local governmental agencies
18 under the Safe Routes to School Construction Program based on
19 the results of a statewide competition that requires submission
20 of Safe Routes to School proposals for funding and that rates
21 those proposals on all of the following factors:
22         (1) Demonstrated needs of the grant applicant.
23         (2) Potential of the proposal for reducing child
24     injuries and fatalities.
25         (3) Potential of the proposal for encouraging
26     increased walking and bicycling among students.
27         (4) Identification of safety hazards.
28         (5) Identification of current and potential walking
29     and bicycling routes to school.
30         (6) Consultation and support for projects by
31     school-based associations, local traffic engineers, local
32     elected officials, law enforcement agencies, and school

 

 

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1     officials.
2     (c) On March 30, 2005 and each March 30th thereafter, the
3 Department of Transportation shall submit a report to the
4 General Assembly listing and describing the projects funded
5 under the Safe Routes to School Construction Program.
6     (d) The Department of Transportation shall study the
7 effectiveness of the Safe Routes to School Construction
8 Program, with particular emphasis on the Program's
9 effectiveness in reducing traffic accidents and its
10 contribution to improving safety and reducing the number of
11 child injuries and fatalities in the vicinity of a Safe Routes
12 to School project. The Department of Transportation shall
13 submit a report to the General Assembly on or before December
14 31, 2005 regarding the results of the study.
15     (e) The Department of Transportation, State Board of
16 Education, and Department of State Police may each separately
17 adopt any rules necessary to implement this Section.
 
18     Section 10. The State Finance Act is amended by changing
19 Section 5d as follows:
 
20     (30 ILCS 105/5d)  (from Ch. 127, par. 141d)
21     Sec. 5d. Except as provided by Section 5e of this Act, the
22 State Construction Account Fund shall be used exclusively for
23 the construction, reconstruction and maintenance of the State
24 maintained highway system, and, subject to appropriation, for
25 the purposes of the Safe Routes to School Construction Program
26 under Section 2705-580 of the Department of Transportation Law
27 of the Civil Administrative Code of Illinois. Except as
28 provided by Section 5e of this Act, none of the money deposited
29 in the State Construction Account Fund shall be used to pay the
30 cost of administering the Motor Fuel Tax Law as now or
31 hereafter amended, nor be appropriated for use by the
32 Department of Transportation to pay the cost of its operations
33 or administration, nor be used in any manner for the payment of
34 regular or contractual employees of the State, nor be

 

 

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1 transferred or allocated by the Comptroller and Treasurer or be
2 otherwise used, except for the sole purpose of construction,
3 reconstruction and maintenance of the State maintained highway
4 system, and for the purposes of the Safe Routes to School
5 Construction Program under Section 2705-580 of the Department
6 of Transportation Law of the Civil Administrative Code of
7 Illinois, as the Illinois General Assembly shall provide by
8 appropriation from this fund. Beginning with the month
9 immediately following the effective date of this amendatory Act
10 of 1985, investment income which is attributable to the
11 investment of moneys of the State Construction Account Fund
12 shall be retained in that fund for the uses specified in this
13 Section.
14 (Source: P.A. 84-431.)
 
15     Section 15. The Motor Fuel Tax Law is amended by changing
16 Section 8 as follows:
 
17     (35 ILCS 505/8)  (from Ch. 120, par. 424)
18     Sec. 8. Except as provided in Section 8a, subdivision
19 (h)(1) of Section 12a, Section 13a.6, and items 13, 14, 15, and
20 16 of Section 15, all money received by the Department under
21 this Act, including payments made to the Department by member
22 jurisdictions participating in the International Fuel Tax
23 Agreement, shall be deposited in a special fund in the State
24 treasury, to be known as the "Motor Fuel Tax Fund", and shall
25 be used as follows:
26     (a) 2 1/2 cents per gallon of the tax collected on special
27 fuel under paragraph (b) of Section 2 and Section 13a of this
28 Act shall be transferred to the State Construction Account Fund
29 in the State Treasury, to be used for the construction,
30 reconstruction, and maintenance of the State maintained
31 highway system, and for the purposes of the Safe Routes to
32 School Construction Program under Section 2705-580 of the
33 Department of Transportation Law of the Civil Administrative
34 Code of Illinois;

 

 

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1     (b) $420,000 shall be transferred each month to the State
2 Boating Act Fund to be used by the Department of Natural
3 Resources for the purposes specified in Article X of the Boat
4 Registration and Safety Act;
5     (c) $2,250,000 shall be transferred each month to the Grade
6 Crossing Protection Fund to be used as follows: not less than
7 $6,000,000 each fiscal year shall be used for the construction
8 or reconstruction of rail highway grade separation structures;
9 $2,250,000 in fiscal year 2004 and each fiscal year thereafter
10 shall be transferred to the Transportation Regulatory Fund and
11 shall be accounted for as part of the rail carrier portion of
12 such funds and shall be used to pay the cost of administration
13 of the Illinois Commerce Commission's railroad safety program
14 in connection with its duties under subsection (3) of Section
15 18c-7401 of the Illinois Vehicle Code, with the remainder to be
16 used by the Department of Transportation upon order of the
17 Illinois Commerce Commission, to pay that part of the cost
18 apportioned by such Commission to the State to cover the
19 interest of the public in the use of highways, roads, streets,
20 or pedestrian walkways in the county highway system, township
21 and district road system, or municipal street system as defined
22 in the Illinois Highway Code, as the same may from time to time
23 be amended, for separation of grades, for installation,
24 construction or reconstruction of crossing protection or
25 reconstruction, alteration, relocation including construction
26 or improvement of any existing highway necessary for access to
27 property or improvement of any grade crossing including the
28 necessary highway approaches thereto of any railroad across the
29 highway or public road, or for the installation, construction,
30 reconstruction, or maintenance of a pedestrian walkway over or
31 under a railroad right-of-way, as provided for in and in
32 accordance with Section 18c-7401 of the Illinois Vehicle Code.
33 The Commission shall not order more than $2,000,000 per year in
34 Grade Crossing Protection Fund moneys for pedestrian walkways.
35 In entering orders for projects for which payments from the
36 Grade Crossing Protection Fund will be made, the Commission

 

 

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1 shall account for expenditures authorized by the orders on a
2 cash rather than an accrual basis. For purposes of this
3 requirement an "accrual basis" assumes that the total cost of
4 the project is expended in the fiscal year in which the order
5 is entered, while a "cash basis" allocates the cost of the
6 project among fiscal years as expenditures are actually made.
7 To meet the requirements of this subsection, the Illinois
8 Commerce Commission shall develop annual and 5-year project
9 plans of rail crossing capital improvements that will be paid
10 for with moneys from the Grade Crossing Protection Fund. The
11 annual project plan shall identify projects for the succeeding
12 fiscal year and the 5-year project plan shall identify projects
13 for the 5 directly succeeding fiscal years. The Commission
14 shall submit the annual and 5-year project plans for this Fund
15 to the Governor, the President of the Senate, the Senate
16 Minority Leader, the Speaker of the House of Representatives,
17 and the Minority Leader of the House of Representatives on the
18 first Wednesday in April of each year;
19     (d) of the amount remaining after allocations provided for
20 in subsections (a), (b) and (c), a sufficient amount shall be
21 reserved to pay all of the following:
22         (1) the costs of the Department of Revenue in
23     administering this Act;
24         (2) the costs of the Department of Transportation in
25     performing its duties imposed by the Illinois Highway Code
26     for supervising the use of motor fuel tax funds apportioned
27     to municipalities, counties and road districts;
28         (3) refunds provided for in Section 13 of this Act and
29     under the terms of the International Fuel Tax Agreement
30     referenced in Section 14a;
31         (4) from October 1, 1985 until June 30, 1994, the
32     administration of the Vehicle Emissions Inspection Law,
33     which amount shall be certified monthly by the
34     Environmental Protection Agency to the State Comptroller
35     and shall promptly be transferred by the State Comptroller
36     and Treasurer from the Motor Fuel Tax Fund to the Vehicle

 

 

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1     Inspection Fund, and for the period July 1, 1994 through
2     June 30, 2000, one-twelfth of $25,000,000 each month, for
3     the period July 1, 2000 through June 30, 2003, one-twelfth
4     of $30,000,000 each month, and $15,000,000 on July 1, 2003,
5     and $15,000,000 on January 1 and $15,000,000 on July 1 of
6     each calendar year for the period January 1, 2004 through
7     June 30, 2006, for the administration of the Vehicle
8     Emissions Inspection Law of 1995, to be transferred by the
9     State Comptroller and Treasurer from the Motor Fuel Tax
10     Fund into the Vehicle Inspection Fund;
11         (5) amounts ordered paid by the Court of Claims; and
12         (6) payment of motor fuel use taxes due to member
13     jurisdictions under the terms of the International Fuel Tax
14     Agreement. The Department shall certify these amounts to
15     the Comptroller by the 15th day of each month; the
16     Comptroller shall cause orders to be drawn for such
17     amounts, and the Treasurer shall administer those amounts
18     on or before the last day of each month;
19     (e) after allocations for the purposes set forth in
20 subsections (a), (b), (c) and (d), the remaining amount shall
21 be apportioned as follows:
22         (1) Until January 1, 2000, 58.4%, and beginning January
23     1, 2000, 45.6% shall be deposited as follows:
24             (A) 37% into the State Construction Account Fund,
25         and
26             (B) 63% into the Road Fund, $1,250,000 of which
27         shall be reserved each month for the Department of
28         Transportation to be used in accordance with the
29         provisions of Sections 6-901 through 6-906 of the
30         Illinois Highway Code;
31         (2) Until January 1, 2000, 41.6%, and beginning January
32     1, 2000, 54.4% shall be transferred to the Department of
33     Transportation to be distributed as follows:
34             (A) 49.10% to the municipalities of the State,
35             (B) 16.74% to the counties of the State having
36         1,000,000 or more inhabitants,

 

 

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1             (C) 18.27% to the counties of the State having less
2         than 1,000,000 inhabitants,
3             (D) 15.89% to the road districts of the State.
4     As soon as may be after the first day of each month the
5 Department of Transportation shall allot to each municipality
6 its share of the amount apportioned to the several
7 municipalities which shall be in proportion to the population
8 of such municipalities as determined by the last preceding
9 municipal census if conducted by the Federal Government or
10 Federal census. If territory is annexed to any municipality
11 subsequent to the time of the last preceding census the
12 corporate authorities of such municipality may cause a census
13 to be taken of such annexed territory and the population so
14 ascertained for such territory shall be added to the population
15 of the municipality as determined by the last preceding census
16 for the purpose of determining the allotment for that
17 municipality. If the population of any municipality was not
18 determined by the last Federal census preceding any
19 apportionment, the apportionment to such municipality shall be
20 in accordance with any census taken by such municipality. Any
21 municipal census used in accordance with this Section shall be
22 certified to the Department of Transportation by the clerk of
23 such municipality, and the accuracy thereof shall be subject to
24 approval of the Department which may make such corrections as
25 it ascertains to be necessary.
26     As soon as may be after the first day of each month the
27 Department of Transportation shall allot to each county its
28 share of the amount apportioned to the several counties of the
29 State as herein provided. Each allotment to the several
30 counties having less than 1,000,000 inhabitants shall be in
31 proportion to the amount of motor vehicle license fees received
32 from the residents of such counties, respectively, during the
33 preceding calendar year. The Secretary of State shall, on or
34 before April 15 of each year, transmit to the Department of
35 Transportation a full and complete report showing the amount of
36 motor vehicle license fees received from the residents of each

 

 

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1 county, respectively, during the preceding calendar year. The
2 Department of Transportation shall, each month, use for
3 allotment purposes the last such report received from the
4 Secretary of State.
5     As soon as may be after the first day of each month, the
6 Department of Transportation shall allot to the several
7 counties their share of the amount apportioned for the use of
8 road districts. The allotment shall be apportioned among the
9 several counties in the State in the proportion which the total
10 mileage of township or district roads in the respective
11 counties bears to the total mileage of all township and
12 district roads in the State. Funds allotted to the respective
13 counties for the use of road districts therein shall be
14 allocated to the several road districts in the county in the
15 proportion which the total mileage of such township or district
16 roads in the respective road districts bears to the total
17 mileage of all such township or district roads in the county.
18 After July 1 of any year, no allocation shall be made for any
19 road district unless it levied a tax for road and bridge
20 purposes in an amount which will require the extension of such
21 tax against the taxable property in any such road district at a
22 rate of not less than either .08% of the value thereof, based
23 upon the assessment for the year immediately prior to the year
24 in which such tax was levied and as equalized by the Department
25 of Revenue or, in DuPage County, an amount equal to or greater
26 than $12,000 per mile of road under the jurisdiction of the
27 road district, whichever is less. If any road district has
28 levied a special tax for road purposes pursuant to Sections
29 6-601, 6-602 and 6-603 of the Illinois Highway Code, and such
30 tax was levied in an amount which would require extension at a
31 rate of not less than .08% of the value of the taxable property
32 thereof, as equalized or assessed by the Department of Revenue,
33 or, in DuPage County, an amount equal to or greater than
34 $12,000 per mile of road under the jurisdiction of the road
35 district, whichever is less, such levy shall, however, be
36 deemed a proper compliance with this Section and shall qualify

 

 

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1 such road district for an allotment under this Section. If a
2 township has transferred to the road and bridge fund money
3 which, when added to the amount of any tax levy of the road
4 district would be the equivalent of a tax levy requiring
5 extension at a rate of at least .08%, or, in DuPage County, an
6 amount equal to or greater than $12,000 per mile of road under
7 the jurisdiction of the road district, whichever is less, such
8 transfer, together with any such tax levy, shall be deemed a
9 proper compliance with this Section and shall qualify the road
10 district for an allotment under this Section.
11     In counties in which a property tax extension limitation is
12 imposed under the Property Tax Extension Limitation Law, road
13 districts may retain their entitlement to a motor fuel tax
14 allotment if, at the time the property tax extension limitation
15 was imposed, the road district was levying a road and bridge
16 tax at a rate sufficient to entitle it to a motor fuel tax
17 allotment and continues to levy the maximum allowable amount
18 after the imposition of the property tax extension limitation.
19 Any road district may in all circumstances retain its
20 entitlement to a motor fuel tax allotment if it levied a road
21 and bridge tax in an amount that will require the extension of
22 the tax against the taxable property in the road district at a
23 rate of not less than 0.08% of the assessed value of the
24 property, based upon the assessment for the year immediately
25 preceding the year in which the tax was levied and as equalized
26 by the Department of Revenue or, in DuPage County, an amount
27 equal to or greater than $12,000 per mile of road under the
28 jurisdiction of the road district, whichever is less.
29     As used in this Section the term "road district" means any
30 road district, including a county unit road district, provided
31 for by the Illinois Highway Code; and the term "township or
32 district road" means any road in the township and district road
33 system as defined in the Illinois Highway Code. For the
34 purposes of this Section, "road district" also includes park
35 districts, forest preserve districts and conservation
36 districts organized under Illinois law and "township or

 

 

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1 district road" also includes such roads as are maintained by
2 park districts, forest preserve districts and conservation
3 districts. The Department of Transportation shall determine
4 the mileage of all township and district roads for the purposes
5 of making allotments and allocations of motor fuel tax funds
6 for use in road districts.
7     Payment of motor fuel tax moneys to municipalities and
8 counties shall be made as soon as possible after the allotment
9 is made. The treasurer of the municipality or county may invest
10 these funds until their use is required and the interest earned
11 by these investments shall be limited to the same uses as the
12 principal funds.
13 (Source: P.A. 92-16, eff. 6-28-01; 92-30, eff. 7-1-01; 93-32,
14 eff. 6-20-03.)