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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.)