103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3692

 

Introduced 2/17/2023, by Rep. Fred Crespo

 

SYNOPSIS AS INTRODUCED:
 
30 ILCS 105/8.3  from Ch. 127, par. 144.3
30 ILCS 105/8.3a new

    Amends the State finance Act. Provides that moneys in the Road Fund may be allocated to and used by the Illinois State Police for the purposes of the Division of Patrol Operations and to fund the patrolling of Illinois public highways and expressways by the Illinois State Police. Makes conforming and other changes.


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A BILL FOR

 

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1    AN ACT concerning finance.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Finance Act is amended by changing
5Section 8.3 and by adding Section 8.3a 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
8State of Illinois incurs any bonded indebtedness for the
9construction of permanent highways, be set aside and used for
10the purpose of paying and discharging annually the principal
11and interest on that bonded indebtedness then due and payable,
12and for no other purpose. The surplus, if any, in the Road Fund
13after the payment of principal and interest on that bonded
14indebtedness then annually due shall be used as follows:
15        first -- to pay the cost of administration of Chapters
16    2 through 10 of the Illinois Vehicle Code, except the cost
17    of administration of Articles I and II of Chapter 3 of that
18    Code, and to pay the costs of the Executive Ethics
19    Commission for oversight and administration of the Chief
20    Procurement Officer appointed under paragraph (2) of
21    subsection (a) of Section 10-20 of the Illinois
22    Procurement Code for transportation; and
23        secondly -- for expenses of the Department of

 

 

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1    Transportation for construction, reconstruction,
2    improvement, repair, maintenance, operation, and
3    administration of highways in accordance with the
4    provisions of laws relating thereto, or for any purpose
5    related or incident to and connected therewith, including
6    the separation of grades of those highways with railroads
7    and with highways and including the payment of awards made
8    by the Illinois Workers' Compensation Commission under the
9    terms of the Workers' Compensation Act or Workers'
10    Occupational Diseases Act for injury or death of an
11    employee of the Division of Highways in the Department of
12    Transportation; or for the acquisition of land and the
13    erection of buildings for highway purposes, including the
14    acquisition of highway right-of-way or for investigations
15    to determine the reasonably anticipated future highway
16    needs; or for making of surveys, plans, specifications and
17    estimates for and in the construction and maintenance of
18    flight strips and of highways necessary to provide access
19    to military and naval reservations, to defense industries
20    and defense-industry sites, and to the sources of raw
21    materials and for replacing existing highways and highway
22    connections shut off from general public use at military
23    and naval reservations and defense-industry sites, or for
24    the purchase of right-of-way, except that the State shall
25    be reimbursed in full for any expense incurred in building
26    the flight strips; or for the operating and maintaining of

 

 

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1    highway garages; or for patrolling and policing the public
2    highways and conserving the peace; or for the operating
3    expenses of the Department relating to the administration
4    of public transportation programs; or, during fiscal year
5    2022, for the purposes of a grant not to exceed $8,394,800
6    to the Regional Transportation Authority on behalf of PACE
7    for the purpose of ADA/Para-transit expenses; or, during
8    fiscal year 2023, for the purposes of a grant not to exceed
9    $8,394,800 to the Regional Transportation Authority on
10    behalf of PACE for the purpose of ADA/Para-transit
11    expenses; or for any of those purposes or any other
12    purpose that may be provided by law.
13    Appropriations for any of those purposes are payable from
14the Road Fund. Appropriations may also be made from the Road
15Fund for the administrative expenses of any State agency that
16are related to motor vehicles or arise from the use of motor
17vehicles.
18    Beginning with fiscal year 1980 and thereafter, no Road
19Fund monies shall be appropriated to the following Departments
20or agencies of State government for administration, grants, or
21operations; but this limitation is not a restriction upon
22appropriating for those purposes any Road Fund monies that are
23eligible for federal reimbursement:
24        1. Department of Public Health;
25        2. Department of Transportation, only with respect to
26    subsidies for one-half fare Student Transportation and

 

 

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1    Reduced Fare for Elderly, except fiscal year 2022 when no
2    more than $17,570,000 may be expended and except fiscal
3    year 2023 when no more than $17,570,000 may be expended;
4        3. Department of Central Management Services, except
5    for expenditures incurred for group insurance premiums of
6    appropriate personnel;
7        4. Judicial Systems and Agencies.
8    Beginning with fiscal year 1981 and thereafter, no Road
9Fund monies shall be appropriated to the following Departments
10or agencies of State government for administration, grants, or
11operations; but this limitation is not a restriction upon
12appropriating for those purposes any Road Fund monies that are
13eligible for federal reimbursement:
14        1. Illinois State Police, except for expenditures with
15    respect to the Division of Patrol Operations and Division
16    of Criminal Investigation;
17        2. Department of Transportation, only with respect to
18    Intercity Rail Subsidies, except fiscal year 2022 when no
19    more than $50,000,000 may be expended and except fiscal
20    year 2023 when no more than $55,000,000 may be expended,
21    and Rail Freight Services.
22    Beginning with fiscal year 1982 and thereafter, no Road
23Fund monies shall be appropriated to the following Departments
24or agencies of State government for administration, grants, or
25operations; but this limitation is not a restriction upon
26appropriating for those purposes any Road Fund monies that are

 

 

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1eligible for federal reimbursement: Department of Central
2Management Services, except for awards made by the Illinois
3Workers' Compensation Commission under the terms of the
4Workers' Compensation Act or Workers' Occupational Diseases
5Act for injury or death of an employee of the Division of
6Highways in the Department of Transportation.
7    Beginning with fiscal year 1984 and thereafter, no Road
8Fund monies shall be appropriated to the following Departments
9or agencies of State government for administration, grants, or
10operations; but this limitation is not a restriction upon
11appropriating for those purposes any Road Fund monies that are
12eligible for federal reimbursement:
13        1. Illinois State Police, except for expenditures with
14    respect to not more than 40% of the funds appropriated for
15    the Division of Patrol Operations and Division of Criminal
16    Investigation;
17        2. State Officers.
18    Beginning with fiscal year 1984 and thereafter, no Road
19Fund monies shall be appropriated to any Department or agency
20of State government for administration, grants, or operations
21except as provided hereafter; but this limitation is not a
22restriction upon appropriating for those purposes any Road
23Fund monies that are eligible for federal reimbursement. It
24shall not be lawful to circumvent the above appropriation
25limitations by governmental reorganization or other methods.
26Appropriations shall be made from the Road Fund only in

 

 

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1accordance with the provisions of this Section.
2    Money in the Road Fund shall, if and when the State of
3Illinois incurs any bonded indebtedness for the construction
4of permanent highways, be set aside and used for the purpose of
5paying and discharging during each fiscal year the principal
6and interest on that bonded indebtedness as it becomes due and
7payable as provided in the Transportation Bond Act, and for no
8other purpose. The surplus, if any, in the Road Fund after the
9payment of principal and interest on that bonded indebtedness
10then annually due shall be used as follows:
11        first -- to pay the cost of administration of Chapters
12    2 through 10 of the Illinois Vehicle Code; and
13        secondly -- no Road Fund monies derived from fees,
14    excises, or license taxes relating to registration,
15    operation and use of vehicles on public highways or to
16    fuels used for the propulsion of those vehicles, shall be
17    appropriated or expended other than for costs of
18    administering the laws imposing those fees, excises, and
19    license taxes, statutory refunds and adjustments allowed
20    thereunder, administrative costs of the Department of
21    Transportation, including, but not limited to, the
22    operating expenses of the Department relating to the
23    administration of public transportation programs, payment
24    of debts and liabilities incurred in construction and
25    reconstruction of public highways and bridges, acquisition
26    of rights-of-way for and the cost of construction,

 

 

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1    reconstruction, maintenance, repair, and operation of
2    public highways and bridges under the direction and
3    supervision of the State, political subdivision, or
4    municipality collecting those monies, or during fiscal
5    year 2022 for the purposes of a grant not to exceed
6    $8,394,800 to the Regional Transportation Authority on
7    behalf of PACE for the purpose of ADA/Para-transit
8    expenses, or during fiscal year 2023 for the purposes of a
9    grant not to exceed $8,394,800 to the Regional
10    Transportation Authority on behalf of PACE for the purpose
11    of ADA/Para-transit expenses, and the costs for patrolling
12    and policing the public highways (by the State, political
13    subdivision, or municipality collecting that money) for
14    enforcement of traffic laws. The separation of grades of
15    such highways with railroads and costs associated with
16    protection of at-grade highway and railroad crossing shall
17    also be permissible.
18    Appropriations for any of such purposes are payable from
19the Road Fund or the Grade Crossing Protection Fund as
20provided in Section 8 of the Motor Fuel Tax Law.
21    Except as provided in this paragraph, beginning with
22fiscal year 1991 and thereafter, no Road Fund monies shall be
23appropriated to the Illinois State Police for the purposes of
24this Section in excess of its total fiscal year 1990 Road Fund
25appropriations for those purposes unless otherwise provided in
26Section 5g of this Act. For fiscal years 2003, 2004, 2005,

 

 

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12006, and 2007 only, no Road Fund monies shall be appropriated
2to the Illinois Department of State Police for the purposes of
3this Section in excess of $97,310,000. For fiscal year 2008
4only, no Road Fund monies shall be appropriated to the
5Illinois Department of State Police for the purposes of this
6Section in excess of $106,100,000. For fiscal year 2009 only,
7no Road Fund monies shall be appropriated to the Department of
8State Police for the purposes of this Section in excess of
9$114,700,000. Beginning in fiscal year 2010, no road fund
10moneys shall be appropriated to the Illinois State Police. It
11shall not be lawful to circumvent this limitation on
12appropriations by governmental reorganization or other methods
13unless otherwise provided in Section 5g of this Act.
14    In fiscal year 1994, no Road Fund monies shall be
15appropriated to the Secretary of State for the purposes of
16this Section in excess of the total fiscal year 1991 Road Fund
17appropriations to the Secretary of State for those purposes,
18plus $9,800,000. It shall not be lawful to circumvent this
19limitation on appropriations by governmental reorganization or
20other method.
21    Beginning with fiscal year 1995 and thereafter, no Road
22Fund monies shall be appropriated to the Secretary of State
23for the purposes of this Section in excess of the total fiscal
24year 1994 Road Fund appropriations to the Secretary of State
25for those purposes. It shall not be lawful to circumvent this
26limitation on appropriations by governmental reorganization or

 

 

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1other methods.
2    Beginning with fiscal year 2000, total Road Fund
3appropriations to the Secretary of State for the purposes of
4this Section shall not exceed the amounts specified for the
5following fiscal years:
6    Fiscal Year 2000$80,500,000;
7    Fiscal Year 2001$80,500,000;
8    Fiscal Year 2002$80,500,000;
9    Fiscal Year 2003$130,500,000;
10    Fiscal Year 2004$130,500,000;
11    Fiscal Year 2005$130,500,000;
12    Fiscal Year 2006 $130,500,000;
13    Fiscal Year 2007 $130,500,000;
14    Fiscal Year 2008$130,500,000;
15    Fiscal Year 2009 $130,500,000.
16    For fiscal year 2010, no road fund moneys shall be
17appropriated to the Secretary of State.
18    Beginning in fiscal year 2011, moneys in the Road Fund
19shall be appropriated to the Secretary of State for the
20exclusive purpose of paying refunds due to overpayment of fees
21related to Chapter 3 of the Illinois Vehicle Code unless
22otherwise provided for by law.
23    It shall not be lawful to circumvent this limitation on
24appropriations by governmental reorganization or other
25methods.
26    No new program may be initiated in fiscal year 1991 and

 

 

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1thereafter that is not consistent with the limitations imposed
2by this Section for fiscal year 1984 and thereafter, insofar
3as appropriation of Road Fund monies is concerned.
4    Nothing in this Section prohibits transfers from the Road
5Fund to the State Construction Account Fund under Section 5e
6of this Act; nor to the General Revenue Fund, as authorized by
7Public Act 93-25.
8    The additional amounts authorized for expenditure in this
9Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91
10shall be repaid to the Road Fund from the General Revenue Fund
11in the next succeeding fiscal year that the General Revenue
12Fund has a positive budgetary balance, as determined by
13generally accepted accounting principles applicable to
14government.
15    The additional amounts authorized for expenditure by the
16Secretary of State and the Illinois Department of State Police
17in this Section by Public Act 94-91 shall be repaid to the Road
18Fund from the General Revenue Fund in the next succeeding
19fiscal year that the General Revenue Fund has a positive
20budgetary balance, as determined by generally accepted
21accounting principles applicable to government.
22(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20;
23102-16, eff. 6-17-21; 102-538, eff. 8-20-21; 102-699, eff.
244-19-22; 102-813, eff. 5-13-22.)
 
25    (30 ILCS 105/8.3a new)

 

 

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1    Sec. 8.3a. State Police patrol funding. Notwithstanding
2any provision of law to the contrary, moneys in the Road Fund
3may be allocated to and used by the Illinois State Police for
4the purposes of the Division of Patrol Operations and to fund
5the patrolling of Illinois public highways and expressways by
6the Illinois State Police.