State of Illinois
91st General Assembly
Legislation

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[ Introduced ]

91_HB0808eng

 
HB0808 Engrossed                               LRB9103412KSpc

 1        AN ACT to amend the State Finance Act by changing Section
 2    8.3.

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

 5        Section  5.  The State Finance Act is amended by changing
 6    Section 8.3 as follows:

 7        (30 ILCS 105/8.3) (from Ch. 127, par. 144.3)
 8        Sec. 8.3.  Road Fund moneys.   Money  in  the  road  fund
 9    shall,  if  and  when the State of Illinois incurs any bonded
10    indebtedness for the construction of permanent  highways,  be
11    set  aside and used for the purpose of paying and discharging
12    annually  the  principal  and   interest   on   that   bonded
13    indebtedness  then due and payable, and for no other purpose.
14    The surplus, if any, in the road fund after  the  payment  of
15    principal  and  interest  on  that  bonded  indebtedness then
16    annually due shall be used as follows:
17             first--to pay the cost of administration of Chapters
18        2 through 10 of the Illinois  Vehicle  Code,  except  the
19        cost  of administration of Articles I and II of Chapter 3
20        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
 
HB0808 Engrossed            -2-                LRB9103412KSpc
 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
 
HB0808 Engrossed            -3-                LRB9103412KSpc
 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  State
14        Troopers;
15             2.  Department of Transportation, only with  respect
16        to Intercity Rail Subsidies and Rail Freight Services.
17        Beginning  with  fiscal year 1982 and thereafter, no road
18    fund  monies  shall  be   appropriated   to   the   following
19    Departments    or    agencies   of   State   government   for
20    administration, grants, or operations; but this limitation is
21    not a restriction upon appropriating for those  purposes  any
22    road fund monies that are eligible for federal reimbursement:
23    Department  of Central Management Services, except for awards
24    made by the Industrial Commission  under  the  terms  of  the
25    Workers'  Compensation  Act or Workers' Occupational Diseases
26    Act for injury or death of an employee  of  the  Division  of
27    Highways in the Department of Transportation.
28        Beginning  with  fiscal year 1984 and thereafter, no road
29    fund  monies  shall  be   appropriated   to   the   following
30    Departments    or    agencies   of   State   government   for
31    administration, grants, or operations; but this limitation is
32    not a restriction upon appropriating for those  purposes  any
33    road fund monies that are eligible for federal reimbursement:
34             1.  Department of State Police, except not more than
 
HB0808 Engrossed            -4-                LRB9103412KSpc
 1        40%  of  the funds appropriated for the Division of State
 2        Troopers;
 3             2.  State Officers.
 4        Beginning with fiscal year 1984 and thereafter,  no  road
 5    fund monies shall be appropriated to any Department or agency
 6    of State government for administration, grants, or operations
 7    except  as  provided  hereafter; but this limitation is not a
 8    restriction upon appropriating for those  purposes  any  road
 9    fund  monies that are eligible for federal reimbursement.  It
10    shall not be lawful to  circumvent  the  above  appropriation
11    limitations  by governmental reorganization or other methods.
12    Appropriations shall be made  from  the  road  fund  only  in
13    accordance with the provisions of this Section.
14        Money  in  the  road fund shall, if and when the State of
15    Illinois incurs any bonded indebtedness for the  construction
16    of  permanent highways, be set aside and used for the purpose
17    of paying   and  discharging  during  each  fiscal  year  the
18    principal  and  interest  on  that  bonded indebtedness as it
19    becomes due and payable as  provided  in  the  Transportation
20    Bond  Act, and for no other purpose.  The surplus, if any, in
21    the road fund after the payment of principal and interest  on
22    that  bonded  indebtedness then annually due shall be used as
23    follows:
24             first--to pay the cost of administration of Chapters
25        2 through 10 of the Illinois Vehicle Code; and
26             secondly--no road fund  monies  derived  from  fees,
27        excises,  or  license  taxes  relating  to  registration,
28        operation  and  use  of vehicles on public highways or to
29        fuels used for the propulsion of those vehicles, shall be
30        appropriated  or  expended  other  than  for   costs   of
31        administering  the laws imposing those fees, excises, and
32        license taxes, statutory refunds and adjustments  allowed
33        thereunder,  administrative  costs  of  the Department of
34        Transportation, payment of debts and liabilities incurred
 
HB0808 Engrossed            -5-                LRB9103412KSpc
 1        in construction and reconstruction of public highways and
 2        bridges, acquisition of rights-of-way for and the cost of
 3        construction, reconstruction,  maintenance,  repair,  and
 4        operation  of  public  highways  and  bridges  under  the
 5        direction   and   supervision  of  the  State,  political
 6        subdivision, or municipality collecting those monies, and
 7        the costs for patrolling and policing the public highways
 8        (by  State,  political   subdivision,   or   municipality
 9        collecting  that  money) for enforcement of traffic laws.
10        The separation of grades of such highways with  railroads
11        and  costs associated with protection of at-grade highway
12        and railroad crossing shall also be permissible.
13        Appropriations for any of such purposes are payable  from
14    the  road  fund  or  the  Grade  Crossing  Protection Fund as
15    provided in Section 8 of the Motor Fuel Tax Law.
16        Beginning with fiscal year 1991 and thereafter,  no  Road
17    Fund  monies shall be appropriated to the Department of State
18    Police for the purposes of this  Section  in  excess  of  its
19    total  fiscal  year  1990  Road Fund appropriations for those
20    purposes unless otherwise provided in Section 5g of this Act.
21    It shall not be  lawful  to  circumvent  this  limitation  on
22    appropriations   by   governmental  reorganization  or  other
23    methods unless otherwise provided in Section 5g of this Act.
24        In fiscal  year  1994,  no  Road  Fund  monies  shall  be
25    appropriated  to  the  Secretary of State for the purposes of
26    this Section in excess of the total  fiscal  year  1991  Road
27    Fund  appropriations  to  the  Secretary  of  State for those
28    purposes,  plus  $9,800,000.   It  shall  not  be  lawful  to
29    circumvent this limitation on appropriations by  governmental
30    reorganization or other method.
31        Beginning  with  fiscal year 1995 and thereafter, no Road
32    Fund monies shall be appropriated to the Secretary  of  State
33    for  the  purposes  of  this  Section  in excess of the total
34    fiscal year 1994 Road Fund appropriations to the Secretary of
 
HB0808 Engrossed            -6-                LRB9103412KSpc
 1    State  for  those  purposes.  It  shall  not  be  lawful   to
 2    circumvent  this limitation on appropriations by governmental
 3    reorganization or other methods.
 4        No new program may be initiated in fiscal year  1991  and
 5    thereafter  that  is  not  consistent  with  the  limitations
 6    imposed  by this Section for fiscal year 1984 and thereafter,
 7    insofar as appropriation of road fund monies is concerned.
 8        Nothing in this Section prohibits transfers from the Road
 9    Fund to the State Construction Account Fund under Section  5e
10    of this Act.
11    (Source: P.A. 87-774; 87-1228; 88-78.)

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