Bill Text: IL SB1258 | 2011-2012 | 97th General Assembly | Amended

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Bill Title: Amends the State Finance Act. Changes the name of the State Rail Freight Loan Repayment Fund to the State Rail Freight Fund. Creates the Building Our Economy Transportation Fund. Provides that money in the Road Fund shall be used for public transportation and for the payment of debts incurred in construction of public transportation facilities. Amends the Motor Fuel Tax Law. Provides that an amount of the motor fuel tax shall be deposited into the Building Our Economy Transportation Fund. Amends the Illinois Highway Code. Provides that a county board or municipality may use motor fuel tax money for construction of public transportation facilities. Effective immediately.

Spectrum: Partisan Bill (Democrat 18-0)

Status: (Introduced - Dead) 2011-05-03 - Third Reading - Lost; 018-031-002 [SB1258 Detail]

Download: Illinois-2011-SB1258-Amended.html

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Sen. Martin A. Sandoval

Filed: 3/9/2011

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AMENDMENT TO SENATE BILL 1258
AMENDMENT NO. ______. Amend Senate Bill 1258 by replacing
everything after the enacting clause with the following:
"Section 5. The State Finance Act is amended by changing
Section 8.3 as follows:
(30 ILCS 105/8.3) (from Ch. 127, par. 144.3)
Sec. 8.3. Money in the Road Fund shall, if and when the
State of Illinois incurs any bonded indebtedness for the
construction of permanent highways, be set aside and used for
the purpose of paying and discharging annually the principal
and interest on that bonded indebtedness then due and payable,
and for no other purpose. The surplus, if any, in the Road Fund
after the payment of principal and interest on that bonded
indebtedness then annually due shall be used as follows:
first -- to pay the cost of administration of Chapters
2 through 10 of the Illinois Vehicle Code, except the cost

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of administration of Articles I and II of Chapter 3 of that
Code; and
secondly -- for expenses of the Department of
Transportation for construction, reconstruction,
improvement, repair, maintenance, operation, and
administration of highways in accordance with the
provisions of laws relating thereto, or for any purpose
related or incident to and connected therewith, including
the separation of grades of those highways with railroads
and with highways and including the payment of awards made
by the Illinois Workers' Compensation Commission under the
terms of the Workers' Compensation Act or Workers'
Occupational Diseases Act for injury or death of an
employee of the Division of Highways in the Department of
Transportation; or for the acquisition of land and the
erection of buildings for highway purposes, including the
acquisition of highway right-of-way or for investigations
to determine the reasonably anticipated future highway
needs; or for making of surveys, plans, specifications and
estimates for and in the construction and maintenance of
flight strips and of highways necessary to provide access
to military and naval reservations, to defense industries
and defense-industry sites, and to the sources of raw
materials and for replacing existing highways and highway
connections shut off from general public use at military
and naval reservations and defense-industry sites, or for

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the purchase of right-of-way, except that the State shall
be reimbursed in full for any expense incurred in building
the flight strips; or for the operating and maintaining of
highway garages; or for patrolling and policing the public
highways and conserving the peace; or for the operating
expenses of the Department relating to the administration
of public transportation programs; or for any of those
purposes or any other purpose that may be provided by law;
and .
thirdly -- for expenses of the Department of
Transportation for construction, reconstruction,
improvement, repair, and maintenance of public
transportation, passenger rail, bicycle and pedestrian
facilities, and facilities that will promote and provide
access to public transportation, passenger rail, and
bicycle and pedestrian ways, in accordance with the
provisions of law relating thereto, or for any purpose
related or incident to and connected therewith; or for the
acquisition of land and the erection of buildings for these
purposes, including the acquisition of public
transportation, passenger rail, bicycle, and pedestrian
rights-of-way or for investigations to determine the
reasonably anticipated future public transportation,
passenger rail, bicycle, and pedestrian needs. The
expenses may include, but are not limited to bus lanes,
transit signal prioritization programs, bicycle lanes, and

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pedestrian walkways.
Appropriations for any of those purposes are payable from
the Road Fund. Appropriations may also be made from the Road
Fund for the administrative expenses of any State agency that
are related to motor vehicles or arise from the use of motor
vehicles.
Beginning with fiscal year 1980 and thereafter, no Road
Fund monies shall be appropriated to the following Departments
or agencies of State government for administration, grants, or
operations; but this limitation is not a restriction upon
appropriating for those purposes any Road Fund monies that are
eligible for federal reimbursement;
1. Department of Public Health;
2. Department of Transportation, only with respect to
subsidies for one-half fare Student Transportation and
Reduced Fare for Elderly;
3. Department of Central Management Services, except
for expenditures incurred for group insurance premiums of
appropriate personnel;
4. Judicial Systems and Agencies.
Beginning with fiscal year 1981 and thereafter, no Road
Fund monies shall be appropriated to the following Departments
or agencies of State government for administration, grants, or
operations; but this limitation is not a restriction upon
appropriating for those purposes any Road Fund monies that are
eligible for federal reimbursement:

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1. Department of State Police, except for expenditures
with respect to the Division of Operations;
2. Department of Transportation, only with respect to
Intercity Rail Subsidies and Rail Freight Services.
Beginning with fiscal year 1982 and thereafter, no Road
Fund monies shall be appropriated to the following Departments
or agencies of State government for administration, grants, or
operations; but this limitation is not a restriction upon
appropriating for those purposes any Road Fund monies that are
eligible for federal reimbursement: Department of Central
Management Services, except for awards made by the Illinois
Workers' Compensation Commission under the terms of the
Workers' Compensation Act or Workers' Occupational Diseases
Act for injury or death of an employee of the Division of
Highways in the Department of Transportation.
Beginning with fiscal year 1984 and thereafter, no Road
Fund monies shall be appropriated to the following Departments
or agencies of State government for administration, grants, or
operations; but this limitation is not a restriction upon
appropriating for those purposes any Road Fund monies that are
eligible for federal reimbursement:
1. Department of State Police, except not more than 40%
of the funds appropriated for the Division of Operations;
2. State Officers.
Beginning with fiscal year 1984 and thereafter, no Road
Fund monies shall be appropriated to any Department or agency

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of State government for administration, grants, or operations
except as provided hereafter; but this limitation is not a
restriction upon appropriating for those purposes any Road Fund
monies that are eligible for federal reimbursement. It shall
not be lawful to circumvent the above appropriation limitations
by governmental reorganization or other methods.
Appropriations shall be made from the Road Fund only in
accordance with the provisions of this Section.
Money in the Road Fund shall, if and when the State of
Illinois incurs any bonded indebtedness for the construction of
permanent highways, be set aside and used for the purpose of
paying and discharging during each fiscal year the principal
and interest on that bonded indebtedness as it becomes due and
payable as provided in the Transportation Bond Act, and for no
other purpose. The surplus, if any, in the Road Fund after the
payment of principal and interest on that bonded indebtedness
then annually due shall be used as follows:
first -- to pay the cost of administration of Chapters
2 through 10 of the Illinois Vehicle Code; and
secondly -- no Road Fund monies derived from fees,
excises, or license taxes relating to registration,
operation and use of vehicles on public highways or to
fuels used for the propulsion of those vehicles, shall be
appropriated or expended other than for costs of
administering the laws imposing those fees, excises, and
license taxes, statutory refunds and adjustments allowed

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thereunder, administrative costs of the Department of
Transportation, including, but not limited to, the
operating expenses of the Department relating to the
administration of public transportation programs, payment
of debts and liabilities incurred in construction and
reconstruction of public highways and bridges, acquisition
of rights-of-way for and the cost of construction,
reconstruction, maintenance, repair, and operation of
public highways and bridges under the direction and
supervision of the State, political subdivision, or
municipality collecting those monies, and the costs for
patrolling and policing the public highways (by State,
political subdivision, or municipality collecting that
money) for enforcement of traffic laws, and payment of
debts and liabilities incurred in construction and
reconstruction of public transportation, passenger rail,
bicycle and pedestrian facilities and acquisition of
rights-of-way for and the cost of construction,
reconstruction, maintenance, and repair of public
transportation, passenger rail, bicycle and pedestrian
facilities, and facilities that will promote and provide
access to public transportation, passenger rail, and
bicycle and pedestrian ways. The separation of grades of
such highways with railroads and costs associated with
protection of at-grade highway and railroad crossing shall
also be permissible.

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Appropriations for any of such purposes are payable from
the Road Fund or the Grade Crossing Protection Fund as provided
in Section 8 of the Motor Fuel Tax Law.
Except as provided in this paragraph, beginning with fiscal
year 1991 and thereafter, no Road Fund monies shall be
appropriated to the Department of State Police for the purposes
of this Section in excess of its total fiscal year 1990 Road
Fund appropriations for those purposes unless otherwise
provided in Section 5g of this Act. For fiscal years 2003,
2004, 2005, 2006, and 2007 only, no Road Fund monies shall be
appropriated to the Department of State Police for the purposes
of this Section in excess of $97,310,000. For fiscal year 2008
only, no Road Fund monies shall be appropriated to the
Department of State Police for the purposes of this Section in
excess of $106,100,000. For fiscal year 2009 only, no Road Fund
monies shall be appropriated to the Department of State Police
for the purposes of this Section in excess of $114,700,000.
Beginning in fiscal year 2010, no road fund moneys shall be
appropriated to the Department of State Police. It shall not be
lawful to circumvent this limitation on appropriations by
governmental reorganization or other methods unless otherwise
provided in Section 5g of this Act.
In fiscal year 1994, no Road Fund monies shall be
appropriated to the Secretary of State for the purposes of this
Section in excess of the total fiscal year 1991 Road Fund
appropriations to the Secretary of State for those purposes,

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plus $9,800,000. It shall not be lawful to circumvent this
limitation on appropriations by governmental reorganization or
other method.
Beginning with fiscal year 1995 and thereafter, no Road
Fund monies shall be appropriated to the Secretary of State for
the purposes of this Section in excess of the total fiscal year
1994 Road Fund appropriations to the Secretary of State for
those purposes. It shall not be lawful to circumvent this
limitation on appropriations by governmental reorganization or
other methods.
Beginning with fiscal year 2000, total Road Fund
appropriations to the Secretary of State for the purposes of
this Section shall not exceed the amounts specified for the
following fiscal years:
Fiscal Year 2000 $80,500,000;
Fiscal Year 2001 $80,500,000;
Fiscal Year 2002 $80,500,000;
Fiscal Year 2003 $130,500,000;
Fiscal Year 2004 $130,500,000;
Fiscal Year 2005 $130,500,000;
Fiscal Year 2006 $130,500,000;
Fiscal Year 2007 $130,500,000;
Fiscal Year 2008 $130,500,000;
Fiscal Year 2009 $130,500,000.
For fiscal year 2010, no road fund moneys shall be
appropriated to the Secretary of State.

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Beginning in fiscal year 2011, moneys in the Road Fund
shall be appropriated to the Secretary of State for the
exclusive purpose of paying refunds due to overpayment of fees
related to Chapter 3 of the Illinois Vehicle Code unless
otherwise provided for by law.
It shall not be lawful to circumvent this limitation on
appropriations by governmental reorganization or other
methods.
No new program may be initiated in fiscal year 1991 and
thereafter that is not consistent with the limitations imposed
by this Section for fiscal year 1984 and thereafter, insofar as
appropriation of Road Fund monies is concerned.
Nothing in this Section prohibits transfers from the Road
Fund to the State Construction Account Fund under Section 5e of
this Act; nor to the General Revenue Fund, as authorized by
this amendatory Act of the 93rd General Assembly.
The additional amounts authorized for expenditure in this
Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91
shall be repaid to the Road Fund from the General Revenue Fund
in the next succeeding fiscal year that the General Revenue
Fund has a positive budgetary balance, as determined by
generally accepted accounting principles applicable to
government.
The additional amounts authorized for expenditure by the
Secretary of State and the Department of State Police in this
Section by this amendatory Act of the 94th General Assembly

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shall be repaid to the Road Fund from the General Revenue Fund
in the next succeeding fiscal year that the General Revenue
Fund has a positive budgetary balance, as determined by
generally accepted accounting principles applicable to
government.
(Source: P.A. 95-707, eff. 1-11-08; 95-744, eff. 7-18-08;
96-34, eff. 7-13-09; 96-959, eff. 7-1-10.)
Section 10. The Illinois Highway Code is amended by
changing Sections 5-701.8 and 7-202.14 and by adding Sections
2-221 and 2-222 as follows:
(605 ILCS 5/2-221 new)
Sec. 2-221. Public transportation. "Public transportation"
means transportation of passengers by means, without
limitation, of a street railway, elevated railway or guideway,
subway, motor vehicle, motor bus, or any bus or other means of
conveyance operating as a common carrier within the regional
transportation area, including charter service therein.
(605 ILCS 5/2-222 new)
Sec. 2-222. Public transportation system. "Public
transportation system" means a combination of real and personal
property, structures, improvements, buildings, equipment,
plants, vehicle parking, or other facilities and
rights-of-way, or any combination thereof, used or useful for

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the purposes of public transportation.
(605 ILCS 5/5-701.8) (from Ch. 121, par. 5-701.8)
Sec. 5-701.8. Any county board may also turn over a portion
of the motor fuel tax funds allotted to it to: (a) a local Mass
Transit District if the county created such District pursuant
to the "Local Mass Transit District Act", approved July 21,
1959, as now or hereafter amended;
(b) a local Transit Commission if such commission is
created pursuant to Section 14-101 of The Public Utilities Act;
or
(c) the Chicago Transit Authority established pursuant to
the "Metropolitan Transit Authority Act", approved April 12,
1945, as now or hereafter amended.
Any county board may also use any motor fuel tax money
allotted to it for construction, reconstruction, improvement,
repair, and maintenance of, and payment of debts and
liabilities incurred in construction and reconstruction of, a
public transportation system or other transportation system,
or for facilities that will promote and enhance travel by
public transportation, passenger rail, ferry, aviation,
bicycle, and walking.
(Source: P.A. 85-1209.)
(605 ILCS 5/7-202.14) (from Ch. 121, par. 7-202.14)
Sec. 7-202.14. Any municipality may by ordinance of the

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corporate authorities turn over a portion of its allotment to:
(a) a local Mass Transit District if the municipality
created such a District pursuant to the "Local Mass Transit
District Act", approved July 21, 1959, as now or hereafter
amended;
(b) a local Transit Commission if the municipality
established such commission pursuant to Section 14-101 of The
Public Utilities Act; or
(c) the Chicago Transit Authority established pursuant to
the "Metropolitan Transit Authority Act", approved April 12,
1945, as now or hereafter amended.
Any municipality may, by ordinance of the corporate
authorities, use any motor fuel tax money allotted to it for
construction, reconstruction, improvement, repair, and
maintenance of, and payment of debts and liabilities incurred
in construction and reconstruction of, a public transportation
system or other transportation system, or for facilities that
will promote and enhance travel by public transportation,
passenger rail, ferry, aviation, bicycle, and walking.
(Source: P.A. 85-1209.)
Section 99. Effective date. This Act takes effect upon
becoming law.".