State of Illinois
91st General Assembly
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91_HB0942

 
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 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
 
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 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
 
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 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
 
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 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
 
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 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
 
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 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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