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91_SB1230
LRB9106433JMmb
1 AN ACT authorizing general obligation bonds for railroad
2 grade crossing projects, amending named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The General Obligation Bond Act is amended by
6 changing Sections 2, 4, and 15 as follows:
7 (30 ILCS 330/2) (from Ch. 127, par. 652)
8 Sec. 2. Authorization for Bonds. The State of Illinois
9 is authorized to issue, sell and provide for the retirement
10 of General Obligation Bonds of the State of Illinois in the
11 total amount of $10,995,296,392 $10,895,296,392 herein called
12 "Bonds".
13 Of the total amount of bonds authorized above, up to
14 $2,200,000,000 in aggregate original principal amount may be
15 issued and sold in accordance with the Baccalaureate Savings
16 Act in the form of General Obligation College Savings Bonds.
17 Of the total amount of bonds authorized above, up to
18 $300,000,000 in aggregate original principal amount may be
19 issued and sold in accordance with the Retirement Savings Act
20 in the form of General Obligation Retirement Savings Bonds.
21 The issuance and sale of Bonds pursuant to the General
22 Obligation Bond Act is an economical and efficient method of
23 financing the capital needs of the State. This Act will
24 permit the issuance of a multi-purpose General Obligation
25 Bond with uniform terms and features. This will not only
26 lower the cost of registration but also reduce the overall
27 cost of issuing debt by improving the marketability of
28 Illinois General Obligation Bonds.
29 Bonds shall be issued for the categories and specific
30 purposes expressed in Sections 2 through 8 and Section 16 of
31 this Act.
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1 (Source: P.A. 90-1, eff. 2-20-97; 90-8, eff. 12-8-97; 90-549,
2 eff. 12-8-97; 90-586, eff. 6-4-98.)
3 (30 ILCS 330/4) (from Ch. 127, par. 654)
4 Sec. 4. Transportation. The amount of $2,584,270,000
5 $2,484,270,000 is authorized for use by the Department of
6 Transportation for the specific purpose of promoting and
7 assuring rapid, efficient, and safe highway, air and mass
8 transportation for the inhabitants of the State by providing
9 monies, including the making of grants and loans, for the
10 acquisition, construction, reconstruction, extension and
11 improvement of the following transportation facilities and
12 equipment, and for the acquisition of real property and
13 interests in real property required or expected to be
14 required in connection therewith as follows:
15 (a) $1,411,000,000 for State highways, arterial
16 highways, freeways, roads, bridges, structures separating
17 highways and railroads and roads, and bridges on roads
18 maintained by counties, municipalities, townships or road
19 districts for the following specific purposes:
20 (1) $1,310,000,000 for use statewide,
21 (2) $3,641,000 for use outside the Chicago
22 urbanized area,
23 (3) $7,543,000 for use within the Chicago urbanized
24 area,
25 (4) $13,060,600 for use within the City of Chicago,
26 (5) $57,894,500 for use within the counties of
27 Cook, DuPage, Kane, Lake, McHenry and Will, and
28 (6) $18,860,900 for use outside the counties of
29 Cook, DuPage, Kane, Lake, McHenry and Will.
30 (b) $883,270,000 for mass transit facilities, as defined
31 in Section 49.19 of the Civil Administrative Code of
32 Illinois, including rapid transit, rail, bus and other
33 equipment used in connection therewith by the State or any
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1 unit of local government, special transportation district,
2 municipal corporation or other corporation or public
3 authority authorized to provide and promote public
4 transportation within the State or two or more of the
5 foregoing jointly, for the following specific purposes:
6 (1) $787,470,000 statewide,
7 (2) $83,350,000 for use within the counties of
8 Cook, DuPage, Kane, Lake, McHenry and Will,
9 (3) $12,450,000 for use outside the counties of
10 Cook, DuPage, Kane, Lake, McHenry and Will.
11 (c) $190,000,000 for airport or aviation facilities and
12 any equipment used in connection therewith, including
13 engineering and land acquisition costs, by the State or any
14 unit of local government, special transportation district,
15 municipal corporation or other corporation or public
16 authority authorized to provide public transportation within
17 the State, or two or more of the foregoing acting jointly.
18 (d) $100,000,000, to be deposited into the Grade
19 Crossing Protection Fund, for separation of grades, for
20 installation, construction, or reconstruction of crossing
21 protection, or for reconstruction, alteration, relocation,
22 including construction or improvement, of any existing
23 highway necessary for access to property, or for improvement
24 of any grade crossing including the necessary highway
25 approaches thereto of any railroad across the highway or
26 public road, as provided for in and in accordance with
27 Section 18c-7401 of the Illinois Vehicle Code.
28 (Source: P.A. 89-235, eff. 8-4-95; 90-1, eff. 2-20-97; 90-8,
29 eff. 12-8-97 (changed from 6-1-98 by P.A. 90-549); 90-586,
30 eff. 6-4-98.)
31 (30 ILCS 330/15) (from Ch. 127, par. 665)
32 Sec. 15. Computation of Principal and Interest-Transfer
33 from General Revenue Fund and other funds. (a) Upon each
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1 delivery of Bonds authorized to be issued under this Act, the
2 Comptroller shall compute and certify to the Treasurer the
3 total amount of principal of, interest on, and premium, if
4 any, on Bonds issued that will be payable in order to retire
5 such Bonds and the amount of principal of, interest on and
6 premium, if any, on such Bonds that will be payable on each
7 payment date according to the tenor of such Bonds during the
8 then current and each succeeding fiscal year.
9 On or before the last day of each month the State
10 Treasurer and Comptroller shall transfer from (1) the Road
11 Fund with respect to Bonds issued under paragraph (a) of
12 Section 4 of this Act or Bonds issued for the purpose of
13 refunding such bonds, (1.5) the Grade Crossing Protection
14 Fund with respect to bonds issued under subsection (d) of
15 Section 4 or bonds issued for the purpose of refunding those
16 bonds, beginning in fiscal year 2000 and concluding upon the
17 repayment of the bonds, and from (2) the general revenue
18 fund, with respect to all other Bonds issued under this Act,
19 to the General Obligation Bond Retirement and Interest Fund
20 an amount sufficient to pay the aggregate of the principal
21 of, interest on, and premium, if any, on Bonds payable, by
22 their terms on the next payment date divided by the number of
23 full calendar months between the date of such Bonds and the
24 first such payment date, and thereafter, divided by the
25 number of months between each succeeding payment date after
26 the first. Such computations and transfers shall be made for
27 each series of Bonds issued and delivered. The transfer of
28 monies herein and above directed is not required if monies in
29 the General Obligation Bond Retirement and Interest Fund are
30 more than the amount otherwise to be transferred as herein
31 above provided, and if the Governor or his authorized
32 representative notifies the State Treasurer and Comptroller
33 of such fact in writing.
34 (b) After the effective date of this Act, the balance
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1 of, and monies directed to be included in the Capital
2 Development Bond Retirement and Interest Fund, Anti-Pollution
3 Bond Retirement and Interest Fund, Transportation Bond,
4 Series A Retirement and Interest Fund, Transportation Bond,
5 Series B Retirement and Interest Fund, and Coal Development
6 Bond Retirement and Interest Fund shall be transferred to and
7 deposited in the General Obligation Bond Retirement and
8 Interest Fund. This Fund shall be used to make debt service
9 payments on the State's general obligation Bonds heretofore
10 issued which are now outstanding and payable from the Funds
11 herein listed as well as on Bonds issued under this Act.
12 (c) The unused portion of federal funds received for a
13 capital facilities project, as authorized by Section 3 of
14 this Act, for which monies from the Capital Development Fund
15 have been expended shall be deposited upon completion of the
16 project in the General Obligation Bond Retirement and
17 Interest Fund. Any federal funds received as reimbursement
18 for the completed construction of a capital facilities
19 project, as authorized by Section 3 of this Act, for which
20 monies from the Capital Development Fund have been expended
21 shall be deposited in the General Obligation Bond Retirement
22 and Interest Fund.
23 (Source: P.A. 84-952.)
24 Section 10. The Motor Fuel Tax Law is amended by
25 changing Section 8 as follows:
26 (35 ILCS 505/8) (from Ch. 120, par. 424)
27 Sec. 8. Except as provided in Section 8a, all money
28 received by the Department under this Act, including payments
29 made to the Department by member jurisdictions participating
30 in the International Fuel Tax Agreement, shall be deposited
31 in a special fund in the State treasury, to be known as the
32 "Motor Fuel Tax Fund", and shall be used as follows:
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1 (a) 2 1/2 cents per gallon of the tax collected on
2 special fuel under paragraph (b) of Section 2 and Section 13a
3 of this Act shall be transferred to the State Construction
4 Account Fund in the State Treasury;
5 (b) $420,000 shall be transferred each month to the
6 State Boating Act Fund to be used by the Department of
7 Natural Resources for the purposes specified in Article X of
8 the Boat Registration and Safety Act;
9 (c) $1,500,000 shall be transferred each month to the
10 Grade Crossing Protection Fund to be used as follows: not
11 less than $6,000,000 each fiscal year shall be used for the
12 construction or reconstruction of rail highway grade
13 separation structures; beginning with fiscal year 1997 and
14 ending in fiscal year 1999, $1,500,000, and $750,000 in
15 fiscal year 2000 and each fiscal year thereafter shall be
16 transferred to the Transportation Regulatory Fund and shall
17 be accounted for as part of the rail carrier portion of such
18 funds and shall be used to pay the cost of administration of
19 the Illinois Commerce Commission's railroad safety program in
20 connection with its duties under subsection (3) of Section
21 18c-7401 of the Illinois Vehicle Code; beginning in fiscal
22 year 2000, an amount up to $8,000,000 each fiscal year
23 necessary for the repayment of bonds issued under subsection
24 (d) of Section 4 of the General Obligation Bond Act, or bonds
25 issued for the refunding of those bonds, as provided in
26 Section 15 of the General Obligation Bond Act, with the
27 remainder to be used by the Department of Transportation upon
28 order of the Illinois Commerce Commission, to pay that part
29 of the cost apportioned by such Commission to the State to
30 cover the interest of the public in the use of highways,
31 roads or streets in the county highway system, township and
32 district road system or municipal street system as defined in
33 the Illinois Highway Code, as the same may from time to time
34 be amended, for separation of grades, for installation,
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1 construction or reconstruction of crossing protection or
2 reconstruction, alteration, relocation including construction
3 or improvement of any existing highway necessary for access
4 to property or improvement of any grade crossing including
5 the necessary highway approaches thereto of any railroad
6 across the highway or public road, as provided for in and in
7 accordance with Section 18c-7401 of the Illinois Vehicle
8 Code. In entering orders for projects for which payments
9 from the Grade Crossing Protection Fund will be made, the
10 Commission shall account for expenditures authorized by the
11 orders on a cash rather than an accrual basis. For purposes
12 of this requirement an "accrual basis" assumes that the total
13 cost of the project is expended in the fiscal year in which
14 the order is entered, while a "cash basis" allocates the cost
15 of the project among fiscal years as expenditures are
16 actually made. To meet the requirements of this subsection,
17 the Illinois Commerce Commission shall develop annual and
18 5-year project plans of rail crossing capital improvements
19 that will be paid for with moneys from the Grade Crossing
20 Protection Fund. The annual project plan shall identify
21 projects for the succeeding fiscal year and the 5-year
22 project plan shall identify projects for the 5 directly
23 succeeding fiscal years. The Commission shall submit the
24 annual and 5-year project plans for this Fund to the
25 Governor, the President of the Senate, the Senate Minority
26 Leader, the Speaker of the House of Representatives, and the
27 Minority Leader of the House of Representatives on the first
28 Wednesday in April of each year;
29 (d) of the amount remaining after allocations provided
30 for in subsections (a), (b) and (c), a sufficient amount
31 shall be reserved to pay all of the following:
32 (1) the costs of the Department of Revenue in
33 administering this Act;
34 (2) the costs of the Department of Transportation
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1 in performing its duties imposed by the Illinois Highway
2 Code for supervising the use of motor fuel tax funds
3 apportioned to municipalities, counties and road
4 districts;
5 (3) refunds provided for in Section 13 of this Act
6 and under the terms of the International Fuel Tax
7 Agreement referenced in Section 14a;
8 (4) from October 1, 1985 until June 30, 1994, the
9 administration of the Vehicle Emissions Inspection Law,
10 which amount shall be certified monthly by the
11 Environmental Protection Agency to the State Comptroller
12 and shall promptly be transferred by the State
13 Comptroller and Treasurer from the Motor Fuel Tax Fund to
14 the Vehicle Inspection Fund, and beginning July 1, 1994,
15 and until December 31, 2000, one-twelfth of $25,000,000
16 each month for the administration of the Vehicle
17 Emissions Inspection Law of 1995, to be transferred by
18 the State Comptroller and Treasurer from the Motor Fuel
19 Tax Fund into the Vehicle Inspection Fund;
20 (5) amounts ordered paid by the Court of Claims;
21 and
22 (6) payment of motor fuel use taxes due to member
23 jurisdictions under the terms of the International Fuel
24 Tax Agreement. The Department shall certify these
25 amounts to the Comptroller by the 15th day of each month;
26 the Comptroller shall cause orders to be drawn for such
27 amounts, and the Treasurer shall administer those amounts
28 on or before the last day of each month;
29 (e) after allocations for the purposes set forth in
30 subsections (a), (b), (c) and (d), the remaining amount shall
31 be apportioned as follows:
32 (1) 58.4% shall be deposited as follows:
33 (A) 37% into the State Construction Account
34 Fund, and
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1 (B) 63% into the Road Fund, $1,250,000 of
2 which shall be reserved each month for the
3 Department of Transportation to be used in
4 accordance with the provisions of Sections 6-901
5 through 6-906 of the Illinois Highway Code;
6 (2) 41.6% shall be transferred to the Department of
7 Transportation to be distributed as follows:
8 (A) 49.10% to the municipalities of the State,
9 (B) 16.74% to the counties of the State having
10 1,000,000 or more inhabitants,
11 (C) 18.27% to the counties of the State having
12 less than 1,000,000 inhabitants,
13 (D) 15.89% to the road districts of the State.
14 As soon as may be after the first day of each month the
15 Department of Transportation shall allot to each municipality
16 its share of the amount apportioned to the several
17 municipalities which shall be in proportion to the population
18 of such municipalities as determined by the last preceding
19 municipal census if conducted by the Federal Government or
20 Federal census. If territory is annexed to any municipality
21 subsequent to the time of the last preceding census the
22 corporate authorities of such municipality may cause a census
23 to be taken of such annexed territory and the population so
24 ascertained for such territory shall be added to the
25 population of the municipality as determined by the last
26 preceding census for the purpose of determining the allotment
27 for that municipality. If the population of any municipality
28 was not determined by the last Federal census preceding any
29 apportionment, the apportionment to such municipality shall
30 be in accordance with any census taken by such municipality.
31 Any municipal census used in accordance with this Section
32 shall be certified to the Department of Transportation by the
33 clerk of such municipality, and the accuracy thereof shall be
34 subject to approval of the Department which may make such
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1 corrections as it ascertains to be necessary.
2 As soon as may be after the first day of each month the
3 Department of Transportation shall allot to each county its
4 share of the amount apportioned to the several counties of
5 the State as herein provided. Each allotment to the several
6 counties having less than 1,000,000 inhabitants shall be in
7 proportion to the amount of motor vehicle license fees
8 received from the residents of such counties, respectively,
9 during the preceding calendar year. The Secretary of State
10 shall, on or before April 15 of each year, transmit to the
11 Department of Transportation a full and complete report
12 showing the amount of motor vehicle license fees received
13 from the residents of each county, respectively, during the
14 preceding calendar year. The Department of Transportation
15 shall, each month, use for allotment purposes the last such
16 report received from the Secretary of State.
17 As soon as may be after the first day of each month, the
18 Department of Transportation shall allot to the several
19 counties their share of the amount apportioned for the use of
20 road districts. The allotment shall be apportioned among the
21 several counties in the State in the proportion which the
22 total mileage of township or district roads in the respective
23 counties bears to the total mileage of all township and
24 district roads in the State. Funds allotted to the respective
25 counties for the use of road districts therein shall be
26 allocated to the several road districts in the county in the
27 proportion which the total mileage of such township or
28 district roads in the respective road districts bears to the
29 total mileage of all such township or district roads in the
30 county. After July 1 of any year, no allocation shall be
31 made for any road district unless it levied a tax for road
32 and bridge purposes in an amount which will require the
33 extension of such tax against the taxable property in any
34 such road district at a rate of not less than either .08% of
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1 the value thereof, based upon the assessment for the year
2 immediately prior to the year in which such tax was levied
3 and as equalized by the Department of Revenue or, in DuPage
4 County, an amount equal to or greater than $12,000 per mile
5 of road under the jurisdiction of the road district,
6 whichever is less. If any road district has levied a special
7 tax for road purposes pursuant to Sections 6-601, 6-602 and
8 6-603 of the Illinois Highway Code, and such tax was levied
9 in an amount which would require extension at a rate of not
10 less than .08% of the value of the taxable property thereof,
11 as equalized or assessed by the Department of Revenue, or, in
12 DuPage County, an amount equal to or greater than $12,000 per
13 mile of road under the jurisdiction of the road district,
14 whichever is less, such levy shall, however, be deemed a
15 proper compliance with this Section and shall qualify such
16 road district for an allotment under this Section. If a
17 township has transferred to the road and bridge fund money
18 which, when added to the amount of any tax levy of the road
19 district would be the equivalent of a tax levy requiring
20 extension at a rate of at least .08%, or, in DuPage County,
21 an amount equal to or greater than $12,000 per mile of road
22 under the jurisdiction of the road district, whichever is
23 less, such transfer, together with any such tax levy, shall
24 be deemed a proper compliance with this Section and shall
25 qualify the road district for an allotment under this
26 Section.
27 In counties in which a property tax extension limitation
28 is imposed under the Property Tax Extension Limitation Law,
29 road districts may retain their entitlement to a motor fuel
30 tax allotment if, at the time the property tax extension
31 limitation was imposed, the road district was levying a road
32 and bridge tax at a rate sufficient to entitle it to a motor
33 fuel tax allotment and continues to levy the maximum
34 allowable amount after the imposition of the property tax
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1 extension limitation. Any road district may in all
2 circumstances retain its entitlement to a motor fuel tax
3 allotment if it levied a road and bridge tax in an amount
4 that will require the extension of the tax against the
5 taxable property in the road district at a rate of not less
6 than 0.08% of the assessed value of the property, based upon
7 the assessment for the year immediately preceding the year in
8 which the tax was levied and as equalized by the Department
9 of Revenue or, in DuPage County, an amount equal to or
10 greater than $12,000 per mile of road under the jurisdiction
11 of the road district, whichever is less.
12 As used in this Section the term "road district" means
13 any road district, including a county unit road district,
14 provided for by the Illinois Highway Code; and the term
15 "township or district road" means any road in the township
16 and district road system as defined in the Illinois Highway
17 Code. For the purposes of this Section, "road district" also
18 includes park districts, forest preserve districts and
19 conservation districts organized under Illinois law and
20 "township or district road" also includes such roads as are
21 maintained by park districts, forest preserve districts and
22 conservation districts. The Department of Transportation
23 shall determine the mileage of all township and district
24 roads for the purposes of making allotments and allocations
25 of motor fuel tax funds for use in road districts.
26 Payment of motor fuel tax moneys to municipalities and
27 counties shall be made as soon as possible after the
28 allotment is made. The treasurer of the municipality or
29 county may invest these funds until their use is required and
30 the interest earned by these investments shall be limited to
31 the same uses as the principal funds.
32 (Source: P.A. 89-167, eff. 1-1-96; 89-445, eff. 2-7-96;
33 89-699, eff. 1-16-97; 90-110, eff. 7-14-97; 90-655, eff.
34 7-30-98; 90-659, eff. 1-1-99; 90-691, eff. 1-1-99; revised
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1 9-16-98.)
2 Section 99. Effective date. This Act takes effect upon
3 becoming law.