State of Illinois
91st General Assembly
Legislation

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91_HB2915ham001

 










                                           LRB9109048MWgcam01

 1                    AMENDMENT TO HOUSE BILL 2915

 2        AMENDMENT NO.     .  Amend House Bill 2915  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section 5.  The State Finance Act is amended by changing
 5    Section 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
 8    State of Illinois incurs  any  bonded  indebtedness  for  the
 9    construction of permanent highways, be set aside and used for
10    the  purpose of paying and discharging annually the principal
11    and  interest  on  that  bonded  indebtedness  then  due  and
12    payable, and for no other purpose.  The surplus, if  any,  in
13    the  Road Fund after the payment of principal and interest on
14    that bonded indebtedness then annually due shall be  used  as
15    follows:
16             first  --  to  pay  the  cost  of  administration of
17        Chapters 2 through  10  of  the  Illinois  Vehicle  Code,
18        except the cost of administration of Articles I and II of
19        Chapter 3 of that Code; and
20             secondly  --  for  expenses  of  the  Department  of
21        Transportation    for    construction,    reconstruction,
22        improvement,    repair,   maintenance,   operation,   and
 
                            -2-            LRB9109048MWgcam01
 1        administration  of  highways  in  accordance   with   the
 2        provisions  of  laws relating thereto, or for any purpose
 3        related or incident to and connected therewith, including
 4        the separation of grades of those highways with railroads
 5        and with highways and including  the  payment  of  awards
 6        made  by the Industrial Commission under the terms of the
 7        Workers'  Compensation  Act  or   Workers'   Occupational
 8        Diseases  Act  for  injury or death of an employee of the
 9        Division of Highways in the Department of Transportation;
10        or for the  acquisition  of  land  and  the  erection  of
11        buildings for highway purposes, including the acquisition
12        of   highway   right-of-way   or  for  investigations  to
13        determine  the  reasonably  anticipated  future   highway
14        needs;  or  for  making of surveys, plans, specifications
15        and estimates for and in the construction and maintenance
16        of flight strips and of  highways  necessary  to  provide
17        access  to  military  and  naval reservations, to defense
18        industries and defense-industry sites, and to the sources
19        of raw materials and for replacing existing highways  and
20        highway  connections  shut off from general public use at
21        military  and  naval  reservations  and  defense-industry
22        sites, or for the purchase of right-of-way,  except  that
23        the  State  shall  be  reimbursed in full for any expense
24        incurred in  building  the  flight  strips;  or  for  the
25        operating  and  maintaining  of  highway  garages; or for
26        patrolling  and  policing   the   public   highways   and
27        conserving the peace; or for any of those purposes or any
28        other purpose that may be provided by law.
29        Appropriations for any of those purposes are payable from
30    the Road Fund.  Appropriations may also be made from the Road
31    Fund for the administrative expenses of any State agency that
32    are  related to motor vehicles or arise from the use of motor
33    vehicles.
34        Beginning with fiscal year 1980 and thereafter,  no  Road
 
                            -3-            LRB9109048MWgcam01
 1    Fund   monies   shall   be   appropriated  to  the  following
 2    Departments   or   agencies   of   State    government    for
 3    administration, grants, or operations; but this limitation is
 4    not  a  restriction upon appropriating for those purposes any
 5    Road Fund monies that are eligible for federal reimbursement;
 6             1.  Department of Public Health;
 7             2.  Department of Transportation, only with  respect
 8        to subsidies for one-half fare Student Transportation and
 9        Reduced Fare for Elderly;
10             3.  Department   of   Central  Management  Services,
11        except for  expenditures  incurred  for  group  insurance
12        premiums of appropriate personnel;
13             4.  Judicial Systems and Agencies.
14        Beginning  with  fiscal year 1981 and thereafter, no Road
15    Fund  monies  shall  be   appropriated   to   the   following
16    Departments    or    agencies   of   State   government   for
17    administration, grants, or operations; but this limitation is
18    not a restriction upon appropriating for those  purposes  any
19    Road Fund monies that are eligible for federal reimbursement:
20             1.  Department   of   State   Police,   except   for
21        expenditures  with  respect  to  the  Division  of  State
22        Troopers;
23             2.  Department  of Transportation, only with respect
24        to Intercity Rail Subsidies and Rail Freight Services.
25        Beginning with fiscal year 1982 and thereafter,  no  Road
26    Fund   monies   shall   be   appropriated  to  the  following
27    Departments   or   agencies   of   State    government    for
28    administration, grants, or operations; but this limitation is
29    not  a  restriction upon appropriating for those purposes any
30    Road Fund monies that are eligible for federal reimbursement:
31    Department of Central Management Services, except for  awards
32    made  by  the  Industrial  Commission  under the terms of the
33    Workers' Compensation Act or Workers'  Occupational  Diseases
34    Act  for  injury  or  death of an employee of the Division of
 
                            -4-            LRB9109048MWgcam01
 1    Highways in the Department of Transportation.
 2        Beginning with fiscal year 1984 and thereafter,  no  Road
 3    Fund   monies   shall   be   appropriated  to  the  following
 4    Departments   or   agencies   of   State    government    for
 5    administration, grants, or operations; but this limitation is
 6    not  a  restriction upon appropriating for those purposes any
 7    Road Fund monies that are eligible for federal reimbursement:
 8             1.  Department of State Police, except not more than
 9        40% of the funds appropriated for the Division  of  State
10        Troopers;
11             2.  State Officers.
12        Beginning  with  fiscal year 1984 and thereafter, no Road
13    Fund monies shall be appropriated to any Department or agency
14    of State government for administration, grants, or operations
15    except as provided hereafter; but this limitation  is  not  a
16    restriction  upon  appropriating  for those purposes any Road
17    Fund monies that are eligible for federal reimbursement.   It
18    shall  not  be  lawful  to circumvent the above appropriation
19    limitations by governmental reorganization or other  methods.
20    Appropriations  shall  be  made  from  the  Road Fund only in
21    accordance with the provisions of this Section.
22        Money in the Road Fund shall, if and when  the  State  of
23    Illinois  incurs any bonded indebtedness for the construction
24    of permanent highways, be set aside and used for the  purpose
25    of  paying   and  discharging  during  each  fiscal  year the
26    principal and interest on  that  bonded  indebtedness  as  it
27    becomes  due  and  payable  as provided in the Transportation
28    Bond Act, and for no other purpose.  The surplus, if any,  in
29    the  Road Fund after the payment of principal and interest on
30    that bonded indebtedness then annually due shall be  used  as
31    follows:
32             first  --  to  pay  the  cost  of  administration of
33        Chapters 2 through 10 of the Illinois Vehicle Code; and
34             secondly -- no Road Fund monies derived  from  fees,
 
                            -5-            LRB9109048MWgcam01
 1        excises,  or  license  taxes  relating  to  registration,
 2        operation  and  use  of vehicles on public highways or to
 3        fuels used for the propulsion of those vehicles, shall be
 4        appropriated  or  expended  other  than  for   costs   of
 5        administering  the laws imposing those fees, excises, and
 6        license taxes, statutory refunds and adjustments  allowed
 7        thereunder,  administrative  costs  of  the Department of
 8        Transportation, payment of debts and liabilities incurred
 9        in construction and reconstruction of public highways and
10        bridges, acquisition of rights-of-way for and the cost of
11        construction, reconstruction,  maintenance,  repair,  and
12        operation  of  public  highways  and  bridges  under  the
13        direction   and   supervision  of  the  State,  political
14        subdivision, or municipality collecting those monies, and
15        the costs for patrolling and policing the public highways
16        (by  State,  political   subdivision,   or   municipality
17        collecting  that  money) for enforcement of traffic laws.
18        The separation of grades of such highways with  railroads
19        and  costs associated with protection of at-grade highway
20        and railroad crossing shall also be permissible.
21        Appropriations for any of such purposes are payable  from
22    the  Road  Fund  or  the  Grade  Crossing  Protection Fund as
23    provided in Section 8 of the Motor Fuel Tax Law.
24        Beginning with fiscal year 1991 and thereafter,  no  Road
25    Fund  monies shall be appropriated to the Department of State
26    Police for the purposes of this  Section  in  excess  of  its
27    total  fiscal  year  1990  Road Fund appropriations for those
28    purposes unless otherwise provided in Section 5g of this Act.
29    It shall not be  lawful  to  circumvent  this  limitation  on
30    appropriations   by   governmental  reorganization  or  other
31    methods unless otherwise provided in Section 5g of this Act.
32        In fiscal  year  1994,  no  Road  Fund  monies  shall  be
33    appropriated  to  the  Secretary of State for the purposes of
34    this Section in excess of the total  fiscal  year  1991  Road
 
                            -6-            LRB9109048MWgcam01
 1    Fund  appropriations  to  the  Secretary  of  State for those
 2    purposes,  plus  $9,800,000.   It  shall  not  be  lawful  to
 3    circumvent this limitation on appropriations by  governmental
 4    reorganization or other method.
 5        Beginning  with  fiscal year 1995 and thereafter, no Road
 6    Fund monies shall be appropriated to the Secretary  of  State
 7    for  the  purposes  of  this  Section  in excess of the total
 8    fiscal year 1994 Road Fund appropriations to the Secretary of
 9    State  for  those  purposes.  It  shall  not  be  lawful   to
10    circumvent  this limitation on appropriations by governmental
11    reorganization or other methods.
12        In fiscal years 2000 and 2001 Beginning with fiscal  year
13    2000,  total  Road  Fund  appropriations  to the Secretary of
14    State for the purposes  of  this  Section  shall  not  exceed
15    $80,500,000 in each fiscal year the amounts specified for the
16    following fiscal years:
17             Fiscal Year 2000           $80,500,000;
18             Fiscal Year 2001           $80,500,000;
19             Fiscal Year 2002           $80,500,000;
20             Fiscal Year 2003           $80,500,000;
21             Fiscal Year 2004 and
22               each year thereafter     $30,500,000.
23        It  shall  not be lawful to circumvent this limitation on
24    appropriations  by  governmental  reorganization   or   other
25    methods.
26        No  new  program may be initiated in fiscal year 1991 and
27    thereafter  that  is  not  consistent  with  the  limitations
28    imposed by this Section for fiscal year 1984 and  thereafter,
29    insofar as appropriation of Road Fund monies is concerned.
30        Nothing in this Section prohibits transfers from the Road
31    Fund  to the State Construction Account Fund under Section 5e
32    of this Act.
33        Beginning with fiscal year 2002 and thereafter,  no  Road
34    Fund  moneys  may  be appropriated to the Secretary of State,
 
                            -7-            LRB9109048MWgcam01
 1    the Department of Central Management Services, the Department
 2    of Employment Security, the Department of Revenue, the  Court
 3    of  Claims,  or  any  other  State  agency  (other  than  the
 4    Department   of   State   Police   and   the   Department  of
 5    Transportation)   for   the   purposes   of   this   Section.
 6    Appropriations to those entities for  those  purposes  shall,
 7    instead, be made from the General Revenue Fund.  It shall not
 8    be  lawful to circumvent this limitation on appropriations by
 9    governmental reorganization or  other  methods.   Nothing  in
10    this paragraph prohibits appropriations from the Road Fund to
11    the  Department  of  State  Police  for  the  purposes of the
12    highway patrol budget only.
13    (Source: P.A. 91-37, eff. 7-1-99.)

14        Section 99.  Effective date.  This Act takes effect  July
15    1, 2000.".

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