Bill Text: IL SJRCA0016 | 2013-2014 | 98th General Assembly | Introduced

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Bill Title: Proposes to amend the General Provisions Article of the Illinois Constitution. Provides that certain taxes and fees levied for the Road Fund are private funds held in trust by the legislature, and are protected from fund sweeps. Effective upon being declared adopted.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2015-01-13 - Session Sine Die [SJRCA0016 Detail]

Download: Illinois-2013-SJRCA0016-Introduced.html

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98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 SENATE JOINT RESOLUTION CONSTITUTIONAL AMENDMENT SC0016 Introduced 2/14/2013, by Sen. Gary Forby SYNOPSIS AS INTRODUCED:
ILCON Art. XIII, Sec. 9 new
ILCON Art. XIII, Sec. 10 new
ILCON Art. XIII, Sec. 11 new
Proposes to amend the General Provisions Article of the Illinois Constitution. Provides that certain taxes and fees levied for the Road Fund are private funds held in trust by the legislature, and are protected from fund sweeps. Effective upon being declared adopted.
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SC0016 LRB098 09801 JWD 39952 e
SENATE JOINT RESOLUTION
CONSTITUTIONAL AMENDMENT
RESOLVED, BY THE SENATE OF THE NINETY-EIGHTH GENERAL
ASSEMBLY OF THE STATE OF ILLINOIS, THE HOUSE OF REPRESENTATIVES
CONCURRING HEREIN, that there shall be submitted to the
electors of the State for adoption or rejection at the general
election next occurring at least 6 months after the adoption of
this resolution a proposition to amend Article XIII of the
Illinois Constitution by adding Sections 9, 10, and 11 as
follows:
ARTICLE XIII
GENERAL PROVISIONS
(ILCON Art. XIII, Sec. 9 new)
SECTION 9. ROAD FUND
All funds collected by the State from any taxes or fees
levied or imposed for the payment of bonded indebtedness for
the construction of permanent highways, and for expenses of the
Department of Transportation for construction, reconstruction,
improvement, repair, maintenance, operation, and
administration of highways shall be deposited only into the
Road Fund, its successor Fund, or with a trustee for the
benefit of the Road Fund.
Notwithstanding any other provision of this Constitution

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to the contrary, any deposits into the Road Fund are not public
monies, but are self-generated, private monies to be held in
trust by the legislature in accordance with the provisions of
law relating thereto. Such funds shall not be defined as State
general funds or dedicated funds required for deposit in the
State treasury.
No bill that has the effect, directly or indirectly, of
diverting money from the Road Fund by way of sweeps,
administrative charges or charge backs, or any other fiscal or
budgetary maneuver that would transfer any amount from this
Fund into any other Fund of the State, unless specifically
authorized by law prior to the effective date of this
Constitutional Amendment, shall become law.
(ILCON Art. XIII, Sec. 10 new)
SECTION 10. STATE CONSTRUCTION ACCOUNT FUND
All funds collected by the State from any taxes or fees
levied or imposed for the payment of construction,
reconstruction and maintenance of the State maintained highway
system shall be deposited only into the State Construction
Account Fund, its successor Fund, or with a trustee for the
benefit of the State Construction Account Fund.
Notwithstanding any other provision of this Constitution
to the contrary, any deposits into the State Construction
Account Fund are not public monies, but are self-generated,
private monies to be held in trust by the legislature for the

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payment of construction, reconstruction and maintenance of the
State maintained highway system. Such funds shall not be
defined as State general funds or dedicated funds required for
deposit in the State treasury.
No bill that has the effect, directly or indirectly, of
diverting money from the State Construction Account Fund by way
of sweeps, administrative charges or charge backs, or any other
fiscal or budgetary maneuver that would transfer any amount
from this Fund into any other Fund of the State, unless
specifically authorized by law prior to the effective date of
this Constitutional Amendment, shall become law.
(ILCON Art. XIII, Sec. 11 new)
SECTION 11. MOTOR FUEL TAX FUND
All funds collected by the State from any taxes or fees
levied or imposed for the payment of transfers to the State
Construction Fund, the State Boating Act Fund, the Grade
Crossing Protection Fund, and any amount remaining from the
Motor Fuel Tax Fund to be allocated as authorized by the
legislature shall be deposited only into the Motor Fuel Tax
Fund, its successor Fund, or with a trustee for the benefit of
the Motor Fuel Tax Fund.
Notwithstanding any other provision of this Constitution
to the contrary, any deposits into the Motor Fuel Tax Fund are
not public monies, but are self-generated, private monies to be
held in trust by the legislature. Such funds shall not be

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defined as State general funds or dedicated funds required for
deposit in the State treasury.
No bill that has the effect, directly or indirectly, of
diverting money from the Motor Fuel Tax Fund by way of sweeps,
administrative charges or charge backs, or any other fiscal or
budgetary maneuver that would transfer any amount from this
Fund into any other Fund of the State, unless specifically
authorized by law prior to the effective date of this
Constitutional Amendment, shall become law.
SCHEDULE
This Constitutional Amendment takes effect upon being
declared adopted in accordance with Section 7 of the Illinois
Constitutional Amendment Act.