State of Illinois
90th General Assembly
Legislation

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90_HB2499

      30 ILCS 415/2             from Ch. 127, par. 702
      30 ILCS 415/7             from Ch. 127, par. 707
          Amends  the  Transportation  Bond  Act.   Increases   the
      overall   authorization   by   $211,000,000.   Provides  that
      $211,000,000 of Transportation Bonds, Series A, may be issued
      to cover any  federal  highway  fund  shortfall  for  federal
      fiscal  year  1998.  Provides that the General Assembly shall
      annually direct the  transfer  of  monies  from  the  General
      Revenue  Fund to the Transportation Bond, Series A Retirement
      and Interest  Fund,  in  an  amount  sufficient  to  pay  the
      principal  of  and  interest  on  the  $211,000,000  of Bonds
      authorized by this amendatory Act.  Effective immediately.
                                                     LRB9008830KDks
                                               LRB9008830KDks
 1        AN ACT to amend the Transportation Bond Act  by  changing
 2    Sections 2 and 7.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section 5.  The Transportation Bond  Act  is  amended  by
 6    changing Sections 2 and 7 as follows:
 7        (30 ILCS 415/2) (from Ch. 127, par. 702)
 8        Sec.  2.   The  State of Illinois is authorized to issue,
 9    sell and provide for the retirement of bonds of the State  of
10    Illinois  in  the  amount  of  $1,940,000,000 $1,729,000,000,
11    hereinafter called the "Bonds", for the specific  purpose  of
12    promoting  and  assuring  rapid, efficient, and safe highway,
13    air and mass transportation for the inhabitants of the  State
14    by  providing  monies,  including  the  making  of grants and
15    loans,  to  be  used  for  the   acquisition,   construction,
16    reconstruction,  extension  and  improvement of the following
17    transportation  facilities  and   equipment   and   for   the
18    acquisition  of  real property and interests in real property
19    required or expected to be required in connection  therewith,
20    and  within  the limitations set forth in Section 5.1 of this
21    Act for the specific purpose set forth in subsections Section
22    2(b) (2) and (3) of this Section Act:
23        (a) (1)  the acquisition,  construction,  reconstruction,
24    extension   and   improvement  of  State  highways,  arterial
25    highways, freeways, roads, structures separating highways and
26    railroads and bridges; and
27        (2)  the repair and reconstruction of  bridges  on  roads
28    maintained  by  counties,  municipalities,  townships or road
29    districts;
30        (b) (1)  the   acquisition,   construction,    extension,
31    reconstruction   and   improvement   of  mass  transportation
                            -2-                LRB9008830KDks
 1    facilities including  rapid  transit,  rail,  bus  and  other
 2    equipment  used  in  connection therewith by the State or any
 3    unit of local government,  special  transportation  district,
 4    municipal   corporation   or   other  corporation  or  public
 5    authority  authorized   to   provide   and   promote   public
 6    transportation  within  the  State  or  two  or  more  of the
 7    foregoing acting jointly; and
 8        (2)  for the purpose of providing immediate  relief  from
 9    existing   or  impending  inability  to  meet  principal  and
10    interest payments and thereby aiding in achieving the maximum
11    benefit  for  the  public  from  the  transportation  capital
12    improvement  program,  to  provide  funds  for  any  payments
13    required to be made for principal of and interest  on  bonds,
14    certificates, equipment trust certificates or other evidences
15    of  indebtedness issued or guaranteed prior to the passage of
16    this Act by the  State  or  any  unit  of  local  government,
17    special  transportation  district,  municipal  corporation or
18    other corporation or public authority authorized  to  provide
19    public transportation within the State, or two or more of the
20    foregoing   acting   jointly,   pursuant  to  any  indenture,
21    ordinance, resolution, agreement or contract  to  obtain  and
22    finance transportation facilities; and,
23        (3)  for  the  purpose of reimbursing the General Revenue
24    Fund for monies paid from  the  General  Revenue  Fund  after
25    passage of this Act for the purpose described in Section 2(b)
26    (2).
27        (c)  the     acquisition,     construction,    extension,
28    reconstruction,  and  improvement  of  airport  or   aviation
29    facilities  and  any  equipment used in connection therewith,
30    including reimbursement  for  certain  engineering  and  land
31    acquisition costs as provided in Section 34a of the "Illinois
32    Aeronautics  Act", approved July 24, 1945, as amended, by the
33    State or any unit of local government, special transportation
34    district,  municipal  corporation  or  other  corporation  or
                            -3-                LRB9008830KDks
 1    public authority authorized to provide public  transportation
 2    within  the  State  or  two  or  more of the foregoing acting
 3    jointly.
 4        $1,537,000,000 $1,326,000,000 of the Bonds will  be  used
 5    for  State highway acquisition, construction, reconstruction,
 6    extension and improvement as specifically  described  herein,
 7    including  covering any federal highway fund shortfall during
 8    federal   fiscal   year   98,    hereinafter    called    the
 9    "Transportation  Bonds,  Series A". $363,000,000 of the Bonds
10    will  be  used   for   the   mass   transportation   purposes
11    specifically  described  herein  and $40,000,000 of the Bonds
12    will be used for the aviation purposes specifically described
13    herein, such $403,000,000 of Bonds  collectively  hereinafter
14    called the "Transportation Bonds, Series B".
15        The   $75,000,000   authorized  for  mass  transportation
16    purposes by this amendatory Act of 1973 shall be used for the
17    acquisition of mass transportation equipment  including  rail
18    and bus, and other equipment used in connection therewith for
19    the  area  comprising  the  counties  of  DuPage, Kane, Lake,
20    McHenry and Will, and that portion  of  the  County  of  Cook
21    outside  the  City  of Chicago, as determined by the Regional
22    Transportation  Authority  established   pursuant   to   "The
23    Regional  Transportation  Authority Act", enacted by the 78th
24    General Assembly. The proceeds of  the  sale  of  such  bonds
25    shall  be  expended  only  to,  or with the approval of, such
26    Authority. Nothing in this paragraph prohibits that Authority
27    from using or approving the use of such proceeds for purposes
28    of acquisition  of  mass  transportation  equipment  for  use
29    between such area and other areas.
30        Of  the Bonds authorized to be used for highway purposes,
31    the proceeds of $14,965,100 of such bonds shall  be  used  by
32    the  Department  of  Transportation  for  the  purpose of the
33    repair and reconstruction of unsafe and  substandard  bridges
34    on  roads  maintained  by counties, municipalities, townships
                            -4-                LRB9008830KDks
 1    and road districts under the Illinois Highway  Code  and  the
 2    proceeds  of  $12,000,000  of such bonds shall be used by the
 3    Department  of  Transportation  for  the  same  purposes   as
 4    provided  in  Sections  6-902  through  6-905 of the Illinois
 5    Highway Code.
 6        Of the Bonds authorized to be sold for highway  purposes,
 7    the  proceeds  of  $36,939,400 of the Bonds shall be used for
 8    such purposes within the City of  Chicago,  the  proceeds  of
 9    $42,457,000  of  the Bonds shall be used for such purposes in
10    the Chicago urbanized area, the proceeds  of  $46,359,000  of
11    the bonds shall be used for such purposes outside the Chicago
12    urbanized  area,  the  proceeds  of $142,105,500 of the Bonds
13    shall be used for such purposes within the Counties of  Cook,
14    DuPage,  Kane,  Lake,  McHenry  and  Will,  the  proceeds  of
15    $181,139,100  of  the  Bonds  shall be used for such purposes
16    within the Counties of the  State  outside  the  Counties  of
17    Cook, DuPage, Kane, Lake, McHenry and Will.
18        Of  the  $106,000,000  of Bonds authorized to be sold for
19    mass transportation purposes by this amendatory Act of  1979,
20    $98,000,000  of  the  Bonds  shall  be used for such purposes
21    within the Counties of Cook, DuPage, Kane, Lake, McHenry  and
22    Will  and  the  proceeds  of $8,000,000 of the Bonds shall be
23    used for such purposes  within  the  Counties  of  the  State
24    outside the Counties of Cook, DuPage, Kane, Lake, McHenry and
25    Will.
26        Of  the  $211,000,000  of Bonds authorized to be sold for
27    highway purposes by this amendatory Act of 1998, all  of  the
28    proceeds  shall  be  used  to  cover any federal highway fund
29    shortfall during federal fiscal year 1998.
30    (Source: P.A. 86-453.)
31        (30 ILCS 415/7) (from Ch. 127, par. 707)
32        Sec. 7.
33        The Governor  shall  include  an  appropriation  in  each
                            -5-                LRB9008830KDks
 1    annual  State  budget  of  monies  in such amount as shall be
 2    necessary and sufficient, for  the  period  covered  by  such
 3    budget, to pay the interest, as it shall accrue, on all Bonds
 4    issued  under  this  Act  and  also  to pay and discharge the
 5    principal of such of the Bonds as shall fall due during  such
 6    period.  To  provide  for  the  manner  of  repayment  of the
 7    Transportation Bonds, Series A, a separate fund in the  State
 8    Treasury called the "Transportation Bond, Series A Retirement
 9    and  Interest  Fund"  is hereby created. The General Assembly
10    shall annually make appropriations  for  monies  to  pay  the
11    principal of and interest on the Transportation Bonds, Series
12    A  from  the  Transportation  Bond,  Series  A Retirement and
13    Interest Fund and shall direct the transfer from time to time
14    of monies from the Road  Fund  to  the  Transportation  Bond,
15    Series  A Retirement and Interest Fund, an amount which shall
16    be sufficient to pay the principal of  and  interest  on  the
17    Transportation Bonds, Series A as the same become due, except
18    that  with  respect  to the issuance of $211,000,000 of Bonds
19    authorized by this amendatory Act of 1998  for  the  purposes
20    prescribed  in  subsection  (c) of Section 2 of this Act, the
21    General Assembly shall annually direct the transfer of monies
22    from the General Revenue Fund  to  the  Transportation  Bond,
23    Series A Retirement and Interest Fund in an amount sufficient
24    to pay the principal of and interest on those Bonds. If there
25    are  insufficient funds in the Road Fund to pay the principal
26    of and interest on the Transportation Bonds, Series A, as the
27    same become  due,  the  General  Assembly  shall  direct  the
28    transfer from time to time of monies from the General Revenue
29    Fund  to  the  Transportation  Bond,  Series A Retirement and
30    Interest Fund to  the  extent  such  transfer  of  monies  is
31    necessary  to  pay  the  principal  of  and  interest on such
32    Transportation Bonds, Series A which could  not  be  paid  by
33    monies  transferred  from  the  Road Fund. To provide for the
34    manner of repayment of the Transportation Bonds, Series  B  a
                            -6-                LRB9008830KDks
 1    separate    fund   in   the   State   Treasury   called   the
 2    "Transportation Bond, Series B Retirement and Interest  Fund"
 3    is   hereby   created.   The   General  Assembly  shall  make
 4    appropriations  for  monies  to  pay  the  principal  of  and
 5    interest on the  Transportation  Bonds,  Series  B  from  the
 6    Transportation  Bond,  Series  B Retirement and Interest Fund
 7    and shall direct the transfer from time  to  time  of  monies
 8    from  the  General  Revenue  Fund to the Transportation Bond,
 9    Series B Retirement and Interest Fund, an amount which  shall
10    be  sufficient  to  pay  the principal of and interest on the
11    Transportation Bonds, Series B as the same become due.
12        If for any reason the  General  Assembly  fails  to  make
13    appropriations  for  or  transfers to the said Transportation
14    Bond,  Series  A  Retirement  and  Interest  Fund   and   the
15    Transportation  Bond,  Series B Retirement and Interest Fund,
16    as the case may be, of amounts sufficient for  the  State  to
17    pay  the  principal  of and interest on the Bonds as the same
18    become due, this Act  shall  constitute  an  irrevocable  and
19    continuing  appropriation  of  all amounts necessary for that
20    purpose, and the irrevocable and continuing authority for and
21    direction to the Auditor of Public Accounts,  or  Comptroller
22    as  his  successor, and to the Treasurer of the State to make
23    the necessary transfers out of  and  disbursements  from  the
24    revenues and funds of the State for that purpose.
25        All  Bonds  issued  in  accordance with the provisions of
26    this Act shall be direct, general obligations of the State of
27    Illinois and shall so state on the face thereof, and the full
28    faith and credit of the State of Illinois are hereby  pledged
29    for  the punctual payment of the interest thereon as the same
30    shall  become  due  and  for  the  punctual  payment  of  the
31    principal thereof at maturity, and  the  provisions  of  this
32    Section  shall  be irrepealable until all such Bonds are paid
33    in full as to both principal and interest.
34    (Source: P.A. 77-150.)
                            -7-                LRB9008830KDks
 1        Section 99.  Effective date.  This Act takes effect  upon
 2    becoming law.

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