Sen. Martin A. Sandoval

Filed: 3/9/2011

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1258

2    AMENDMENT NO. ______. Amend Senate Bill 1258 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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1    of administration of Articles I and II of Chapter 3 of that
2    Code; and
3        secondly -- for expenses of the Department of
4    Transportation for construction, reconstruction,
5    improvement, repair, maintenance, operation, and
6    administration of highways in accordance with the
7    provisions of laws relating thereto, or for any purpose
8    related or incident to and connected therewith, including
9    the separation of grades of those highways with railroads
10    and with highways and including the payment of awards made
11    by the Illinois Workers' Compensation Commission under the
12    terms of the Workers' Compensation Act or Workers'
13    Occupational Diseases Act for injury or death of an
14    employee of the Division of Highways in the Department of
15    Transportation; or for the acquisition of land and the
16    erection of buildings for highway purposes, including the
17    acquisition of highway right-of-way or for investigations
18    to determine the reasonably anticipated future highway
19    needs; or for making of surveys, plans, specifications and
20    estimates for and in the construction and maintenance of
21    flight strips and of highways necessary to provide access
22    to military and naval reservations, to defense industries
23    and defense-industry sites, and to the sources of raw
24    materials and for replacing existing highways and highway
25    connections shut off from general public use at military
26    and naval reservations and defense-industry sites, or for

 

 

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1    the purchase of right-of-way, except that the State shall
2    be reimbursed in full for any expense incurred in building
3    the flight strips; or for the operating and maintaining of
4    highway garages; or for patrolling and policing the public
5    highways and conserving the peace; or for the operating
6    expenses of the Department relating to the administration
7    of public transportation programs; or for any of those
8    purposes or any other purpose that may be provided by law;
9    and .
10        thirdly -- for expenses of the Department of
11    Transportation for construction, reconstruction,
12    improvement, repair, and maintenance of public
13    transportation, passenger rail, bicycle and pedestrian
14    facilities, and facilities that will promote and provide
15    access to public transportation, passenger rail, and
16    bicycle and pedestrian ways, in accordance with the
17    provisions of law relating thereto, or for any purpose
18    related or incident to and connected therewith; or for the
19    acquisition of land and the erection of buildings for these
20    purposes, including the acquisition of public
21    transportation, passenger rail, bicycle, and pedestrian
22    rights-of-way or for investigations to determine the
23    reasonably anticipated future public transportation,
24    passenger rail, bicycle, and pedestrian needs. The
25    expenses may include, but are not limited to bus lanes,
26    transit signal prioritization programs, bicycle lanes, and

 

 

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1    pedestrian walkways.
2    Appropriations for any of those purposes are payable from
3the Road Fund. Appropriations may also be made from the Road
4Fund for the administrative expenses of any State agency that
5are related to motor vehicles or arise from the use of motor
6vehicles.
7    Beginning with fiscal year 1980 and thereafter, no Road
8Fund monies shall be appropriated to the following Departments
9or agencies of State government for administration, grants, or
10operations; but this limitation is not a restriction upon
11appropriating for those purposes any Road Fund monies that are
12eligible for federal reimbursement;
13        1. Department of Public Health;
14        2. Department of Transportation, only with respect to
15    subsidies for one-half fare Student Transportation and
16    Reduced Fare for Elderly;
17        3. Department of Central Management Services, except
18    for expenditures incurred for group insurance premiums of
19    appropriate personnel;
20        4. Judicial Systems and Agencies.
21    Beginning with fiscal year 1981 and thereafter, no Road
22Fund monies shall be appropriated to the following Departments
23or agencies of State government for administration, grants, or
24operations; but this limitation is not a restriction upon
25appropriating for those purposes any Road Fund monies that are
26eligible for federal reimbursement:

 

 

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1        1. Department of State Police, except for expenditures
2    with respect to the Division of Operations;
3        2. Department of Transportation, only with respect to
4    Intercity Rail Subsidies and Rail Freight Services.
5    Beginning with fiscal year 1982 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: Department of Central
11Management Services, except for awards made by the Illinois
12Workers' Compensation Commission under the terms of the
13Workers' Compensation Act or Workers' Occupational Diseases
14Act for injury or death of an employee of the Division of
15Highways in the Department of Transportation.
16    Beginning with fiscal year 1984 and thereafter, no Road
17Fund monies shall be appropriated to the following Departments
18or agencies of State government for administration, grants, or
19operations; but this limitation is not a restriction upon
20appropriating for those purposes any Road Fund monies that are
21eligible for federal reimbursement:
22        1. Department of State Police, except not more than 40%
23    of the funds appropriated for the Division of Operations;
24        2. State Officers.
25    Beginning with fiscal year 1984 and thereafter, no Road
26Fund monies shall be appropriated to any Department or agency

 

 

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1of State government for administration, grants, or operations
2except as provided hereafter; but this limitation is not a
3restriction upon appropriating for those purposes any Road Fund
4monies that are eligible for federal reimbursement. It shall
5not be lawful to circumvent the above appropriation limitations
6by governmental reorganization or other methods.
7Appropriations shall be made from the Road Fund only in
8accordance with the provisions of this Section.
9    Money in the Road Fund shall, if and when the State of
10Illinois incurs any bonded indebtedness for the construction of
11permanent highways, be set aside and used for the purpose of
12paying and discharging during each fiscal year the principal
13and interest on that bonded indebtedness as it becomes due and
14payable as provided in the Transportation Bond Act, and for no
15other purpose. The surplus, if any, in the Road Fund after the
16payment of principal and interest on that bonded indebtedness
17then annually due shall be used as follows:
18        first -- to pay the cost of administration of Chapters
19    2 through 10 of the Illinois Vehicle Code; and
20        secondly -- no Road Fund monies derived from fees,
21    excises, or license taxes relating to registration,
22    operation and use of vehicles on public highways or to
23    fuels used for the propulsion of those vehicles, shall be
24    appropriated or expended other than for costs of
25    administering the laws imposing those fees, excises, and
26    license taxes, statutory refunds and adjustments allowed

 

 

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1    thereunder, administrative costs of the Department of
2    Transportation, including, but not limited to, the
3    operating expenses of the Department relating to the
4    administration of public transportation programs, payment
5    of debts and liabilities incurred in construction and
6    reconstruction of public highways and bridges, acquisition
7    of rights-of-way for and the cost of construction,
8    reconstruction, maintenance, repair, and operation of
9    public highways and bridges under the direction and
10    supervision of the State, political subdivision, or
11    municipality collecting those monies, and the costs for
12    patrolling and policing the public highways (by State,
13    political subdivision, or municipality collecting that
14    money) for enforcement of traffic laws, and payment of
15    debts and liabilities incurred in construction and
16    reconstruction of public transportation, passenger rail,
17    bicycle and pedestrian facilities and acquisition of
18    rights-of-way for and the cost of construction,
19    reconstruction, maintenance, and repair of public
20    transportation, passenger rail, bicycle and pedestrian
21    facilities, and facilities that will promote and provide
22    access to public transportation, passenger rail, and
23    bicycle and pedestrian ways. The separation of grades of
24    such highways with railroads and costs associated with
25    protection of at-grade highway and railroad crossing shall
26    also be permissible.

 

 

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1    Appropriations for any of such purposes are payable from
2the Road Fund or the Grade Crossing Protection Fund as provided
3in Section 8 of the Motor Fuel Tax Law.
4    Except as provided in this paragraph, beginning with fiscal
5year 1991 and thereafter, no Road Fund monies shall be
6appropriated to the Department of State Police for the purposes
7of this Section in excess of its total fiscal year 1990 Road
8Fund appropriations for those purposes unless otherwise
9provided in Section 5g of this Act. For fiscal years 2003,
102004, 2005, 2006, and 2007 only, no Road Fund monies shall be
11appropriated to the Department of State Police for the purposes
12of this Section in excess of $97,310,000. For fiscal year 2008
13only, no Road Fund monies shall be appropriated to the
14Department of State Police for the purposes of this Section in
15excess of $106,100,000. For fiscal year 2009 only, no Road Fund
16monies shall be appropriated to the Department of State Police
17for the purposes of this Section in excess of $114,700,000.
18Beginning in fiscal year 2010, no road fund moneys shall be
19appropriated to the Department of State Police. It shall not be
20lawful to circumvent this limitation on appropriations by
21governmental reorganization or other methods unless otherwise
22provided in Section 5g of this Act.
23    In fiscal year 1994, no Road Fund monies shall be
24appropriated to the Secretary of State for the purposes of this
25Section in excess of the total fiscal year 1991 Road Fund
26appropriations to the Secretary of State for those purposes,

 

 

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1plus $9,800,000. It shall not be lawful to circumvent this
2limitation on appropriations by governmental reorganization or
3other method.
4    Beginning with fiscal year 1995 and thereafter, no Road
5Fund monies shall be appropriated to the Secretary of State for
6the purposes of this Section in excess of the total fiscal year
71994 Road Fund appropriations to the Secretary of State for
8those purposes. It shall not be lawful to circumvent this
9limitation on appropriations by governmental reorganization or
10other methods.
11    Beginning with fiscal year 2000, total Road Fund
12appropriations to the Secretary of State for the purposes of
13this Section shall not exceed the amounts specified for the
14following fiscal years:
15    Fiscal Year 2000$80,500,000;
16    Fiscal Year 2001$80,500,000;
17    Fiscal Year 2002$80,500,000;
18    Fiscal Year 2003$130,500,000;
19    Fiscal Year 2004$130,500,000;
20    Fiscal Year 2005$130,500,000;
21    Fiscal Year 2006 $130,500,000;
22    Fiscal Year 2007 $130,500,000;
23    Fiscal Year 2008$130,500,000;
24    Fiscal Year 2009 $130,500,000.
25    For fiscal year 2010, no road fund moneys shall be
26appropriated to the Secretary of State.

 

 

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1    Beginning in fiscal year 2011, moneys in the Road Fund
2shall be appropriated to the Secretary of State for the
3exclusive purpose of paying refunds due to overpayment of fees
4related to Chapter 3 of the Illinois Vehicle Code unless
5otherwise provided for by law.
6    It shall not be lawful to circumvent this limitation on
7appropriations by governmental reorganization or other
8methods.
9    No new program may be initiated in fiscal year 1991 and
10thereafter that is not consistent with the limitations imposed
11by this Section for fiscal year 1984 and thereafter, insofar as
12appropriation of Road Fund monies is concerned.
13    Nothing in this Section prohibits transfers from the Road
14Fund to the State Construction Account Fund under Section 5e of
15this Act; nor to the General Revenue Fund, as authorized by
16this amendatory Act of the 93rd General Assembly.
17    The additional amounts authorized for expenditure in this
18Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91
19shall be repaid to the Road Fund from the General Revenue Fund
20in the next succeeding fiscal year that the General Revenue
21Fund has a positive budgetary balance, as determined by
22generally accepted accounting principles applicable to
23government.
24    The additional amounts authorized for expenditure by the
25Secretary of State and the Department of State Police in this
26Section by this amendatory Act of the 94th General Assembly

 

 

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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(Source: P.A. 95-707, eff. 1-11-08; 95-744, eff. 7-18-08;
796-34, eff. 7-13-09; 96-959, eff. 7-1-10.)
 
8    Section 10. The Illinois Highway Code is amended by
9changing Sections 5-701.8 and 7-202.14 and by adding Sections
102-221 and 2-222 as follows:
 
11    (605 ILCS 5/2-221 new)
12    Sec. 2-221. Public transportation. "Public transportation"
13means transportation of passengers by means, without
14limitation, of a street railway, elevated railway or guideway,
15subway, motor vehicle, motor bus, or any bus or other means of
16conveyance operating as a common carrier within the regional
17transportation area, including charter service therein.
 
18    (605 ILCS 5/2-222 new)
19    Sec. 2-222. Public transportation system. "Public
20transportation system" means a combination of real and personal
21property, structures, improvements, buildings, equipment,
22plants, vehicle parking, or other facilities and
23rights-of-way, or any combination thereof, used or useful for

 

 

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1the purposes of public transportation.
 
2    (605 ILCS 5/5-701.8)  (from Ch. 121, par. 5-701.8)
3    Sec. 5-701.8. Any county board may also turn over a portion
4of the motor fuel tax funds allotted to it to: (a) a local Mass
5Transit District if the county created such District pursuant
6to the "Local Mass Transit District Act", approved July 21,
71959, as now or hereafter amended;
8    (b) a local Transit Commission if such commission is
9created pursuant to Section 14-101 of The Public Utilities Act;
10or
11    (c) the Chicago Transit Authority established pursuant to
12the "Metropolitan Transit Authority Act", approved April 12,
131945, as now or hereafter amended.
14    Any county board may also use any motor fuel tax money
15allotted to it for construction, reconstruction, improvement,
16repair, and maintenance of, and payment of debts and
17liabilities incurred in construction and reconstruction of, a
18public transportation system or other transportation system,
19or for facilities that will promote and enhance travel by
20public transportation, passenger rail, ferry, aviation,
21bicycle, and walking.
22(Source: P.A. 85-1209.)
 
23    (605 ILCS 5/7-202.14)  (from Ch. 121, par. 7-202.14)
24    Sec. 7-202.14. Any municipality may by ordinance of the

 

 

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1corporate authorities turn over a portion of its allotment to:
2    (a) a local Mass Transit District if the municipality
3created such a District pursuant to the "Local Mass Transit
4District Act", approved July 21, 1959, as now or hereafter
5amended;
6    (b) a local Transit Commission if the municipality
7established such commission pursuant to Section 14-101 of The
8Public Utilities Act; or
9    (c) the Chicago Transit Authority established pursuant to
10the "Metropolitan Transit Authority Act", approved April 12,
111945, as now or hereafter amended.
12    Any municipality may, by ordinance of the corporate
13authorities, use any motor fuel tax money allotted to it for
14construction, reconstruction, improvement, repair, and
15maintenance of, and payment of debts and liabilities incurred
16in construction and reconstruction of, a public transportation
17system or other transportation system, or for facilities that
18will promote and enhance travel by public transportation,
19passenger rail, ferry, aviation, bicycle, and walking.
20(Source: P.A. 85-1209.)
 
21    Section 99. Effective date. This Act takes effect upon
22becoming law.".