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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 2001Beginning with fiscal year132000, 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 yearthe amounts specified for the16following fiscal years:17Fiscal Year 2000 $80,500,000;18Fiscal Year 2001 $80,500,000;19Fiscal Year 2002 $80,500,000;20Fiscal Year 2003 $80,500,000;21Fiscal Year 2004 and22each 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.".