103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3692 Introduced , by Rep. Fred Crespo SYNOPSIS AS INTRODUCED: 30 ILCS 105/8.3 from Ch. 127, par. 144.330 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. LRB103 27646 DTM 54022 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3692 Introduced , by Rep. Fred Crespo SYNOPSIS AS INTRODUCED: 30 ILCS 105/8.3 from Ch. 127, par. 144.330 ILCS 105/8.3a new 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. LRB103 27646 DTM 54022 b LRB103 27646 DTM 54022 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3692 Introduced , by Rep. Fred Crespo SYNOPSIS AS INTRODUCED: 30 ILCS 105/8.3 from Ch. 127, par. 144.330 ILCS 105/8.3a new 30 ILCS 105/8.3 from Ch. 127, par. 144.3 30 ILCS 105/8.3a new 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. LRB103 27646 DTM 54022 b LRB103 27646 DTM 54022 b LRB103 27646 DTM 54022 b A BILL FOR HB3692LRB103 27646 DTM 54022 b HB3692 LRB103 27646 DTM 54022 b HB3692 LRB103 27646 DTM 54022 b 1 AN ACT concerning finance. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The State Finance Act is amended by changing 5 Section 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 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 payable, 12 and for no other purpose. The surplus, if any, in the Road Fund 13 after the payment of principal and interest on that bonded 14 indebtedness 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 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3692 Introduced , by Rep. Fred Crespo SYNOPSIS AS INTRODUCED: 30 ILCS 105/8.3 from Ch. 127, par. 144.330 ILCS 105/8.3a new 30 ILCS 105/8.3 from Ch. 127, par. 144.3 30 ILCS 105/8.3a new 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. LRB103 27646 DTM 54022 b LRB103 27646 DTM 54022 b LRB103 27646 DTM 54022 b A BILL FOR 30 ILCS 105/8.3 from Ch. 127, par. 144.3 30 ILCS 105/8.3a new LRB103 27646 DTM 54022 b HB3692 LRB103 27646 DTM 54022 b HB3692- 2 -LRB103 27646 DTM 54022 b HB3692 - 2 - LRB103 27646 DTM 54022 b HB3692 - 2 - LRB103 27646 DTM 54022 b 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 HB3692 - 2 - LRB103 27646 DTM 54022 b HB3692- 3 -LRB103 27646 DTM 54022 b HB3692 - 3 - LRB103 27646 DTM 54022 b HB3692 - 3 - LRB103 27646 DTM 54022 b 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 14 the Road Fund. Appropriations may also be made from the Road 15 Fund for the administrative expenses of any State agency that 16 are related to motor vehicles or arise from the use of motor 17 vehicles. 18 Beginning with fiscal year 1980 and thereafter, no Road 19 Fund monies shall be appropriated to the following Departments 20 or agencies of State government for administration, grants, or 21 operations; but this limitation is not a restriction upon 22 appropriating for those purposes any Road Fund monies that are 23 eligible 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 HB3692 - 3 - LRB103 27646 DTM 54022 b HB3692- 4 -LRB103 27646 DTM 54022 b HB3692 - 4 - LRB103 27646 DTM 54022 b HB3692 - 4 - LRB103 27646 DTM 54022 b 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 9 Fund monies shall be appropriated to the following Departments 10 or agencies of State government for administration, grants, or 11 operations; but this limitation is not a restriction upon 12 appropriating for those purposes any Road Fund monies that are 13 eligible 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 23 Fund monies shall be appropriated to the following Departments 24 or agencies of State government for administration, grants, or 25 operations; but this limitation is not a restriction upon 26 appropriating for those purposes any Road Fund monies that are HB3692 - 4 - LRB103 27646 DTM 54022 b HB3692- 5 -LRB103 27646 DTM 54022 b HB3692 - 5 - LRB103 27646 DTM 54022 b HB3692 - 5 - LRB103 27646 DTM 54022 b 1 eligible for federal reimbursement: Department of Central 2 Management Services, except for awards made by the Illinois 3 Workers' Compensation Commission under the terms of the 4 Workers' Compensation Act or Workers' Occupational Diseases 5 Act for injury or death of an employee of the Division of 6 Highways in the Department of Transportation. 7 Beginning with fiscal year 1984 and thereafter, no Road 8 Fund monies shall be appropriated to the following Departments 9 or agencies of State government for administration, grants, or 10 operations; but this limitation is not a restriction upon 11 appropriating for those purposes any Road Fund monies that are 12 eligible 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 19 Fund monies shall be appropriated to any Department or agency 20 of State government for administration, grants, or operations 21 except as provided hereafter; but this limitation is not a 22 restriction upon appropriating for those purposes any Road 23 Fund monies that are eligible for federal reimbursement. It 24 shall not be lawful to circumvent the above appropriation 25 limitations by governmental reorganization or other methods. 26 Appropriations shall be made from the Road Fund only in HB3692 - 5 - LRB103 27646 DTM 54022 b HB3692- 6 -LRB103 27646 DTM 54022 b HB3692 - 6 - LRB103 27646 DTM 54022 b HB3692 - 6 - LRB103 27646 DTM 54022 b 1 accordance with the provisions of this Section. 2 Money in the Road Fund shall, if and when the State of 3 Illinois incurs any bonded indebtedness for the construction 4 of permanent highways, be set aside and used for the purpose of 5 paying and discharging during each fiscal year the principal 6 and interest on that bonded indebtedness as it becomes due and 7 payable as provided in the Transportation Bond Act, and for no 8 other purpose. The surplus, if any, in the Road Fund after the 9 payment of principal and interest on that bonded indebtedness 10 then 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, HB3692 - 6 - LRB103 27646 DTM 54022 b HB3692- 7 -LRB103 27646 DTM 54022 b HB3692 - 7 - LRB103 27646 DTM 54022 b HB3692 - 7 - LRB103 27646 DTM 54022 b 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 19 the Road Fund or the Grade Crossing Protection Fund as 20 provided in Section 8 of the Motor Fuel Tax Law. 21 Except as provided in this paragraph, beginning with 22 fiscal year 1991 and thereafter, no Road Fund monies shall be 23 appropriated to the Illinois State Police for the purposes of 24 this Section in excess of its total fiscal year 1990 Road Fund 25 appropriations for those purposes unless otherwise provided in 26 Section 5g of this Act. For fiscal years 2003, 2004, 2005, HB3692 - 7 - LRB103 27646 DTM 54022 b HB3692- 8 -LRB103 27646 DTM 54022 b HB3692 - 8 - LRB103 27646 DTM 54022 b HB3692 - 8 - LRB103 27646 DTM 54022 b 1 2006, and 2007 only, no Road Fund monies shall be appropriated 2 to the Illinois Department of State Police for the purposes of 3 this Section in excess of $97,310,000. For fiscal year 2008 4 only, no Road Fund monies shall be appropriated to the 5 Illinois Department of State Police for the purposes of this 6 Section in excess of $106,100,000. For fiscal year 2009 only, 7 no Road Fund monies shall be appropriated to the Department of 8 State Police for the purposes of this Section in excess of 9 $114,700,000. Beginning in fiscal year 2010, no road fund 10 moneys shall be appropriated to the Illinois State Police. It 11 shall not be lawful to circumvent this limitation on 12 appropriations by governmental reorganization or other methods 13 unless otherwise provided in Section 5g of this Act. 14 In fiscal year 1994, no Road Fund monies shall be 15 appropriated to the Secretary of State for the purposes of 16 this Section in excess of the total fiscal year 1991 Road Fund 17 appropriations to the Secretary of State for those purposes, 18 plus $9,800,000. It shall not be lawful to circumvent this 19 limitation on appropriations by governmental reorganization or 20 other method. 21 Beginning with fiscal year 1995 and thereafter, no Road 22 Fund monies shall be appropriated to the Secretary of State 23 for the purposes of this Section in excess of the total fiscal 24 year 1994 Road Fund appropriations to the Secretary of State 25 for those purposes. It shall not be lawful to circumvent this 26 limitation on appropriations by governmental reorganization or HB3692 - 8 - LRB103 27646 DTM 54022 b HB3692- 9 -LRB103 27646 DTM 54022 b HB3692 - 9 - LRB103 27646 DTM 54022 b HB3692 - 9 - LRB103 27646 DTM 54022 b 1 other methods. 2 Beginning with fiscal year 2000, total Road Fund 3 appropriations to the Secretary of State for the purposes of 4 this Section shall not exceed the amounts specified for the 5 following 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. 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. 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 17 appropriated to the Secretary of State. 18 Beginning in fiscal year 2011, moneys in the Road Fund 19 shall be appropriated to the Secretary of State for the 20 exclusive purpose of paying refunds due to overpayment of fees 21 related to Chapter 3 of the Illinois Vehicle Code unless 22 otherwise provided for by law. 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 HB3692 - 9 - LRB103 27646 DTM 54022 b 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. HB3692- 10 -LRB103 27646 DTM 54022 b HB3692 - 10 - LRB103 27646 DTM 54022 b HB3692 - 10 - LRB103 27646 DTM 54022 b 1 thereafter that is not consistent with the limitations imposed 2 by this Section for fiscal year 1984 and thereafter, insofar 3 as appropriation of Road Fund monies is concerned. 4 Nothing in this Section prohibits transfers from the Road 5 Fund to the State Construction Account Fund under Section 5e 6 of this Act; nor to the General Revenue Fund, as authorized by 7 Public Act 93-25. 8 The additional amounts authorized for expenditure in this 9 Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91 10 shall be repaid to the Road Fund from the General Revenue Fund 11 in the next succeeding fiscal year that the General Revenue 12 Fund has a positive budgetary balance, as determined by 13 generally accepted accounting principles applicable to 14 government. 15 The additional amounts authorized for expenditure by the 16 Secretary of State and the Illinois Department of State Police 17 in this Section by Public Act 94-91 shall be repaid to the Road 18 Fund from the General Revenue Fund in the next succeeding 19 fiscal year that the General Revenue Fund has a positive 20 budgetary balance, as determined by generally accepted 21 accounting principles applicable to government. 22 (Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20; 23 102-16, eff. 6-17-21; 102-538, eff. 8-20-21; 102-699, eff. 24 4-19-22; 102-813, eff. 5-13-22.) 25 (30 ILCS 105/8.3a new) HB3692 - 10 - LRB103 27646 DTM 54022 b HB3692- 11 -LRB103 27646 DTM 54022 b HB3692 - 11 - LRB103 27646 DTM 54022 b HB3692 - 11 - LRB103 27646 DTM 54022 b 1 Sec. 8.3a. State Police patrol funding. Notwithstanding 2 any provision of law to the contrary, moneys in the Road Fund 3 may be allocated to and used by the Illinois State Police for 4 the purposes of the Division of Patrol Operations and to fund 5 the patrolling of Illinois public highways and expressways by 6 the Illinois State Police. HB3692 - 11 - LRB103 27646 DTM 54022 b