093_HB3894

                                     LRB093 14242 SJM 19778 b

 1        AN ACT concerning finances.

 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 and Section 8h, as added by Public Act 93-32,  as
 6    follows:

 7        (30 ILCS 105/8.3) (from Ch. 127, par. 144.3)
 8        Sec.  8.3.  Money in the Road Fund shall, if and when the
 9    State of Illinois incurs  any  bonded  indebtedness  for  the
10    construction of permanent highways, be set aside and used for
11    the  purpose of paying and discharging annually the principal
12    and  interest  on  that  bonded  indebtedness  then  due  and
13    payable, and for no other purpose.  The surplus, if  any,  in
14    the  Road Fund after the payment of principal and interest on
15    that bonded indebtedness then annually due shall be  used  as
16    follows:
17             first  --  to  pay  the  cost  of  administration of
18        Chapters 2 through  10  of  the  Illinois  Vehicle  Code,
19        except the cost of administration of Articles I and II of
20        Chapter 3 of that Code; and
21             secondly  --  for  expenses  of  the  Department  of
22        Transportation    for    construction,    reconstruction,
23        improvement,    repair,   maintenance,   operation,   and
24        administration  of  highways  in  accordance   with   the
25        provisions  of  laws relating thereto, or for any purpose
26        related or incident to and connected therewith, including
27        the separation of grades of those highways with railroads
28        and with highways and including  the  payment  of  awards
29        made  by the Industrial Commission under the terms of the
30        Workers'  Compensation  Act  or   Workers'   Occupational
31        Diseases  Act  for  injury or death of an employee of the
 
                            -2-      LRB093 14242 SJM 19778 b
 1        Division of Highways in the Department of Transportation;
 2        or for the  acquisition  of  land  and  the  erection  of
 3        buildings for highway purposes, including the acquisition
 4        of   highway   right-of-way   or  for  investigations  to
 5        determine  the  reasonably  anticipated  future   highway
 6        needs;  or  for  making of surveys, plans, specifications
 7        and estimates for and in the construction and maintenance
 8        of flight strips and of  highways  necessary  to  provide
 9        access  to  military  and  naval reservations, to defense
10        industries and defense-industry sites, and to the sources
11        of raw materials and for replacing existing highways  and
12        highway  connections  shut off from general public use at
13        military  and  naval  reservations  and  defense-industry
14        sites, or for the purchase of right-of-way,  except  that
15        the  State  shall  be  reimbursed in full for any expense
16        incurred in  building  the  flight  strips;  or  for  the
17        operating  and  maintaining  of  highway  garages; or for
18        patrolling  and  policing   the   public   highways   and
19        conserving the peace; or for any of those purposes or any
20        other purpose that may be provided by law.
21        Appropriations for any of those purposes are payable from
22    the Road Fund.  Appropriations may also be made from the Road
23    Fund for the administrative expenses of any State agency that
24    are  related to motor vehicles or arise from the use of motor
25    vehicles.
26        Beginning with fiscal year 1980 and thereafter,  no  Road
27    Fund   monies   shall   be   appropriated  to  the  following
28    Departments   or   agencies   of   State    government    for
29    administration, grants, or operations; but this limitation is
30    not  a  restriction upon appropriating for those purposes any
31    Road Fund monies that are eligible for federal reimbursement;
32             1.  Department of Public Health;
33             2.  Department of Transportation, only with  respect
34        to subsidies for one-half fare Student Transportation and
 
                            -3-      LRB093 14242 SJM 19778 b
 1        Reduced Fare for Elderly;
 2             3.  Department   of   Central  Management  Services,
 3        except for  expenditures  incurred  for  group  insurance
 4        premiums of appropriate personnel;
 5             4.  Judicial Systems and Agencies.
 6        Beginning  with  fiscal year 1981 and thereafter, no Road
 7    Fund  monies  shall  be   appropriated   to   the   following
 8    Departments    or    agencies   of   State   government   for
 9    administration, grants, or operations; but this limitation is
10    not a restriction upon appropriating for those  purposes  any
11    Road Fund monies that are eligible for federal reimbursement:
12             1.  Department   of   State   Police,   except   for
13        expenditures with respect to the Division of Operations;
14             2.  Department  of Transportation, only with respect
15        to Intercity Rail Subsidies and Rail Freight Services.
16        Beginning with fiscal year 1982 and thereafter,  no  Road
17    Fund   monies   shall   be   appropriated  to  the  following
18    Departments   or   agencies   of   State    government    for
19    administration, grants, or operations; but this limitation is
20    not  a  restriction upon appropriating for those purposes any
21    Road Fund monies that are eligible for federal reimbursement:
22    Department of Central Management Services, except for  awards
23    made  by  the  Industrial  Commission  under the terms of the
24    Workers' Compensation Act or Workers'  Occupational  Diseases
25    Act  for  injury  or  death of an employee of the Division of
26    Highways in the Department of Transportation.
27        Beginning with fiscal year 1984 and thereafter,  no  Road
28    Fund   monies   shall   be   appropriated  to  the  following
29    Departments   or   agencies   of   State    government    for
30    administration, grants, or operations; but this limitation is
31    not  a  restriction upon appropriating for those purposes any
32    Road Fund monies that are eligible for federal reimbursement:
33             1.  Department of State Police, except not more than
34        40%  of  the  funds  appropriated  for  the  Division  of
 
                            -4-      LRB093 14242 SJM 19778 b
 1        Operations;
 2             2.  State Officers.
 3        Beginning with fiscal year 1984 and thereafter,  no  Road
 4    Fund monies shall be appropriated to any Department or agency
 5    of State government for administration, grants, or operations
 6    except  as  provided  hereafter; but this limitation is not a
 7    restriction upon appropriating for those  purposes  any  Road
 8    Fund  monies that are eligible for federal reimbursement.  It
 9    shall not be lawful to  circumvent  the  above  appropriation
10    limitations  by governmental reorganization or other methods.
11    Appropriations shall be made  from  the  Road  Fund  only  in
12    accordance with the provisions of this Section.
13        Money  in  the  Road Fund shall, if and when the State of
14    Illinois incurs any bonded indebtedness for the  construction
15    of  permanent highways, be set aside and used for the purpose
16    of paying   and  discharging  during  each  fiscal  year  the
17    principal  and  interest  on  that  bonded indebtedness as it
18    becomes due and payable as  provided  in  the  Transportation
19    Bond  Act, and for no other purpose.  The surplus, if any, in
20    the Road Fund after the payment of principal and interest  on
21    that  bonded  indebtedness then annually due shall be used as
22    follows:
23             first --  to  pay  the  cost  of  administration  of
24        Chapters 2 through 10 of the Illinois Vehicle Code; and
25             secondly  --  no Road Fund monies derived from fees,
26        excises,  or  license  taxes  relating  to  registration,
27        operation and use of vehicles on public  highways  or  to
28        fuels used for the propulsion of those vehicles, shall be
29        appropriated   or   expended  other  than  for  costs  of
30        administering the laws imposing those fees, excises,  and
31        license  taxes, statutory refunds and adjustments allowed
32        thereunder, administrative costs  of  the  Department  of
33        Transportation, payment of debts and liabilities incurred
34        in construction and reconstruction of public highways and
 
                            -5-      LRB093 14242 SJM 19778 b
 1        bridges, acquisition of rights-of-way for and the cost of
 2        construction,  reconstruction,  maintenance,  repair, and
 3        operation  of  public  highways  and  bridges  under  the
 4        direction  and  supervision  of  the   State,   political
 5        subdivision, or municipality collecting those monies, and
 6        the costs for patrolling and policing the public highways
 7        (by   State,   political   subdivision,  or  municipality
 8        collecting that money) for enforcement of  traffic  laws.
 9        The  separation of grades of such highways with railroads
10        and costs associated with protection of at-grade  highway
11        and railroad crossing shall also be permissible.
12        Appropriations  for any of such purposes are payable from
13    the Road Fund  or  the  Grade  Crossing  Protection  Fund  as
14    provided in Section 8 of the Motor Fuel Tax Law.
15        Except  as  provided  in  this  paragraph, beginning with
16    fiscal year 1991 and thereafter, no Road Fund monies shall be
17    appropriated to  the  Department  of  State  Police  for  the
18    purposes  of  this Section in excess of its total fiscal year
19    1990 Road  Fund  appropriations  for  those  purposes  unless
20    otherwise  provided  in  Section  5g  of this Act. For fiscal
21    years 2003 and 2004  only,  no  Road  Fund  monies  shall  be
22    appropriated  to  the  Department  of  State  Police  for the
23    purposes of this Section in excess of $97,310,000.  It  shall
24    not be lawful to circumvent this limitation on appropriations
25    by   governmental  reorganization  or  other  methods  unless
26    otherwise provided in Section 5g of this Act.
27        In fiscal  year  1994,  no  Road  Fund  monies  shall  be
28    appropriated  to  the  Secretary of State for the purposes of
29    this Section in excess of the total  fiscal  year  1991  Road
30    Fund  appropriations  to  the  Secretary  of  State for those
31    purposes,  plus  $9,800,000.   It  shall  not  be  lawful  to
32    circumvent this limitation on appropriations by  governmental
33    reorganization or other method.
34        Beginning  with  fiscal year 1995 and thereafter, no Road
 
                            -6-      LRB093 14242 SJM 19778 b
 1    Fund monies shall be appropriated to the Secretary  of  State
 2    for  the  purposes  of  this  Section  in excess of the total
 3    fiscal year 1994 Road Fund appropriations to the Secretary of
 4    State  for  those  purposes.  It  shall  not  be  lawful   to
 5    circumvent  this limitation on appropriations by governmental
 6    reorganization or other methods.
 7        Beginning  with  fiscal  year  2000,  total   Road   Fund
 8    appropriations  to the Secretary of State for the purposes of
 9    this Section shall not exceed the amounts specified  for  the
10    following fiscal years:
11             Fiscal Year 2000                        $80,500,000;
12             Fiscal Year 2001                        $80,500,000;
13             Fiscal Year 2002                        $80,500,000;
14             Fiscal Year 2003                       $130,500,000;
15             Fiscal Year 2004                       $130,500,000;
16             Fiscal Year 2005 and
17               each year thereafter                 $30,500,000;.
18             Fiscal year 2006                        $20,000,000;
19             Fiscal year 2007                        $10,000,000;
20             Fiscal year 2008 and
21               each year thereafter                           $0.
22        It  shall  not be lawful to circumvent this limitation on
23    appropriations  by  governmental  reorganization   or   other
24    methods.
25        No  new  program may be initiated in fiscal year 1991 and
26    thereafter  that  is  not  consistent  with  the  limitations
27    imposed by this Section for fiscal year 1984 and  thereafter,
28    insofar as appropriation of Road Fund monies is concerned.
29        Nothing in this Section prohibits transfers from the Road
30    Fund  to the State Construction Account Fund under Section 5e
31    of this Act; nor to the General Revenue Fund,  as  authorized
32    by this amendatory Act of the 93rd General Assembly.
33        The additional amounts authorized for expenditure in this
34    Section  by  this amendatory Act of the 92nd General Assembly
 
                            -7-      LRB093 14242 SJM 19778 b
 1    shall be repaid to the Road Fund  from  the  General  Revenue
 2    Fund  in  the  next  succeeding  fiscal year that the General
 3    Revenue Fund has a positive budgetary balance, as  determined
 4    by  generally  accepted  accounting  principles applicable to
 5    government.
 6        The additional amounts authorized for expenditure by  the
 7    Secretary of State and the Department of State Police in this
 8    Section  by  this amendatory Act of the 93rd General Assembly
 9    shall be repaid to the Road Fund  from  the  General  Revenue
10    Fund  in  the  next  succeeding  fiscal year that the General
11    Revenue Fund has a positive budgetary balance, as  determined
12    by  generally  accepted  accounting  principles applicable to
13    government.
14        Beginning with fiscal year 2005 and thereafter,  no  Road
15    Fund  moneys may be appropriated to the Department of Central
16    Management Services, the Department of  Employment  Security,
17    the  Department of Revenue, the Court of Claims, or any other
18    State agency (other than the Department of State  Police  and
19    the Department of Transportation and, until fiscal year 2008,
20    the  Secretary  of  State)  for the purposes of this Section.
21    Appropriations to those entities for  those  purposes  shall,
22    instead, be made from the General Revenue Fund.  It shall not
23    be  lawful to circumvent this limitation on appropriations by
24    governmental reorganization or  other  methods.   Nothing  in
25    this paragraph prohibits appropriations from the Road Fund to
26    the  Department  of  State  Police  for  the  purposes of the
27    highway patrol budget only.
28        Beginning with fiscal year 2008 and thereafter,  no  Road
29    Fund moneys may be appropriated to the Secretary of State for
30    the   purposes  of  this  Section.    Appropriations  to  the
31    Secretary of State for those purposes shall, instead, be made
32    from the General Revenue Fund.  Is shall  not  be  lawful  to
33    circumvent  this limitation on appropriations by governmental
34    reorganization or other methods.
 
                            -8-      LRB093 14242 SJM 19778 b
 1    (Source: P.A. 92-600, eff. 6-28-02; 93-25, eff. 6-20-03.)

 2        (30 ILCS 105/8h)
 3        Sec.   8h.   Transfers   to   General    Revenue    Fund.
 4    Notwithstanding  any  other  State  law  to the contrary, the
 5    Director of the Governor's Office of  Management  and  Budget
 6    Bureau  of  the Budget may from time to time direct the State
 7    Treasurer and Comptroller to transfer a  specified  sum  from
 8    any  fund  held by the State Treasurer to the General Revenue
 9    Fund in order to help defray the State's operating costs  for
10    the  fiscal year.  The total transfer under this Section from
11    any fund in any fiscal year shall not exceed the lesser of 8%
12    of the revenues to be deposited into  the  fund  during  that
13    year  or  25%  of  the  beginning  balance  in  the fund.  No
14    transfer may be made from a  fund  under  this  Section  that
15    would  have  the  effect of reducing the available balance in
16    the  fund  to  an  amount  less  than  the  amount  remaining
17    unexpended and unreserved from the total  appropriation  from
18    that  fund for that fiscal year.  This Section does not apply
19    to any funds that are restricted by federal law to a specific
20    use or to any funds in the Motor Fuel Tax Fund. No  transfers
21    may  be  made  under  this  Section from the Road Fund or the
22    State Construction Account Fund on  or  after  the  effective
23    date  of  this  amendatory  Act of the 93rd General Assembly.
24    Notwithstanding any other  provision  of  this  Section,  the
25    total  transfer  under this Section from the Road Fund or the
26    State Construction Account Fund shall not exceed  5%  of  the
27    revenues to be deposited into the fund during that year.
28        In  determining  the  available  balance  in  a fund, the
29    Director of the Governor's Office of  Management  and  Budget
30    Bureau of the Budget may include receipts, transfers into the
31    fund,  and other resources anticipated to be available in the
32    fund in that fiscal year.
33        The State Treasurer and Comptroller  shall  transfer  the
 
                            -9-      LRB093 14242 SJM 19778 b
 1    amounts  designated  under  this  Section  as  soon as may be
 2    practicable after receiving the direction  to  transfer  from
 3    the  Director  of  the  Governor's  Office  of Management and
 4    Budget Bureau of the Budget.
 5    (Source: P.A. 93-32, eff. 6-20-03; revised 8-21-03.)

 6        Section 99.  Effective date.  This Act takes effect  upon
 7    becoming law.