Illinois General Assembly - Full Text of HB5050
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of HB5050  102nd General Assembly

HB5050 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5050

 

Introduced 1/27/2022, 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.


LRB102 25452 RJF 34738 b

 

 

A BILL FOR

 

HB5050LRB102 25452 RJF 34738 b

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

 

 

HB5050- 2 -LRB102 25452 RJF 34738 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

 

 

HB5050- 3 -LRB102 25452 RJF 34738 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    2021 only, 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 2022 only, for the
9    purposes of a grant not to exceed $8,394,800 to the
10    Regional Transportation Authority on behalf of PACE for
11    the purpose of ADA/Para-transit expenses; or for any of
12    those purposes or any other purpose that may be provided
13    by law.
14    Appropriations for any of those purposes are payable from
15the Road Fund. Appropriations may also be made from the Road
16Fund for the administrative expenses of any State agency that
17are related to motor vehicles or arise from the use of motor
18vehicles.
19    Beginning with fiscal year 1980 and thereafter, no Road
20Fund monies shall be appropriated to the following Departments
21or agencies of State government for administration, grants, or
22operations; but this limitation is not a restriction upon
23appropriating for those purposes any Road Fund monies that are
24eligible for federal reimbursement:
25        1. Department of Public Health;
26        2. Department of Transportation, only with respect to

 

 

HB5050- 4 -LRB102 25452 RJF 34738 b

1    subsidies for one-half fare Student Transportation and
2    Reduced Fare for Elderly, except fiscal year 2021 only
3    when no more than $17,570,000 may be expended and except
4    fiscal year 2022 only when no more than $17,570,000 may be
5    expended;
6        3. Department of Central Management Services, except
7    for expenditures incurred for group insurance premiums of
8    appropriate personnel;
9        4. Judicial Systems and Agencies.
10    Beginning with fiscal year 1981 and thereafter, no Road
11Fund monies shall be appropriated to the following Departments
12or agencies of State government for administration, grants, or
13operations; but this limitation is not a restriction upon
14appropriating for those purposes any Road Fund monies that are
15eligible for federal reimbursement:
16        1. Illinois State Police, except for expenditures with
17    respect to the Division of Patrol Operations and Division
18    of Criminal Investigation;
19        2. Department of Transportation, only with respect to
20    Intercity Rail Subsidies, except fiscal year 2021 only
21    when no more than $50,000,000 may be expended and except
22    fiscal year 2022 only when no more than $50,000,000 may be
23    expended, and Rail Freight Services.
24    Beginning with fiscal year 1982 and thereafter, no Road
25Fund monies shall be appropriated to the following Departments
26or agencies of State government for administration, grants, or

 

 

HB5050- 5 -LRB102 25452 RJF 34738 b

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

 

 

HB5050- 6 -LRB102 25452 RJF 34738 b

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

 

 

HB5050- 7 -LRB102 25452 RJF 34738 b

1    reconstruction of public highways and bridges, acquisition
2    of rights-of-way for and the cost of construction,
3    reconstruction, maintenance, repair, and operation of
4    public highways and bridges under the direction and
5    supervision of the State, political subdivision, or
6    municipality collecting those monies, or during fiscal
7    year 2021 only for the purposes of a grant not to exceed
8    $8,394,800 to the Regional Transportation Authority on
9    behalf of PACE for the purpose of ADA/Para-transit
10    expenses, or during fiscal year 2022 only for the purposes
11    of a grant not to exceed $8,394,800 to the Regional
12    Transportation Authority on behalf of PACE for the purpose
13    of ADA/Para-transit expenses, and the costs for patrolling
14    and policing the public highways (by the State, political
15    subdivision, or municipality collecting that money) for
16    enforcement of traffic laws. The separation of grades of
17    such highways with railroads and costs associated with
18    protection of at-grade highway and railroad crossing shall
19    also be permissible.
20    Appropriations for any of such purposes are payable from
21the Road Fund or the Grade Crossing Protection Fund as
22provided in Section 8 of the Motor Fuel Tax Law.
23    Except as provided in this paragraph, beginning with
24fiscal year 1991 and thereafter, no Road Fund monies shall be
25appropriated to the Illinois State Police for the purposes of
26this Section in excess of its total fiscal year 1990 Road Fund

 

 

HB5050- 8 -LRB102 25452 RJF 34738 b

1appropriations for those purposes unless otherwise provided in
2Section 5g of this Act. For fiscal years 2003, 2004, 2005,
32006, and 2007 only, no Road Fund monies shall be appropriated
4to the Illinois Department of State Police for the purposes of
5this Section in excess of $97,310,000. For fiscal year 2008
6only, no Road Fund monies shall be appropriated to the
7Department of State Police for the purposes of this Section in
8excess of $106,100,000. For fiscal year 2009 only, no Road
9Fund monies shall be appropriated to the Illinois Department
10of State Police for the purposes of this Section in excess of
11$114,700,000. Beginning in fiscal year 2010, no road fund
12moneys shall be appropriated to the Illinois State Police. It
13shall not be lawful to circumvent this limitation on
14appropriations by governmental reorganization or other methods
15unless otherwise provided in Section 5g of this Act.
16    In fiscal year 1994, no Road Fund monies shall be
17appropriated to the Secretary of State for the purposes of
18this Section in excess of the total fiscal year 1991 Road Fund
19appropriations to the Secretary of State for those purposes,
20plus $9,800,000. It shall not be lawful to circumvent this
21limitation on appropriations by governmental reorganization or
22other method.
23    Beginning with fiscal year 1995 and thereafter, no Road
24Fund monies shall be appropriated to the Secretary of State
25for the purposes of this Section in excess of the total fiscal
26year 1994 Road Fund appropriations to the Secretary of State

 

 

HB5050- 9 -LRB102 25452 RJF 34738 b

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

 

 

HB5050- 10 -LRB102 25452 RJF 34738 b

1methods.
2    No new program may be initiated in fiscal year 1991 and
3thereafter that is not consistent with the limitations imposed
4by this Section for fiscal year 1984 and thereafter, insofar
5as appropriation of Road Fund monies is concerned.
6    Nothing in this Section prohibits transfers from the Road
7Fund to the State Construction Account Fund under Section 5e
8of this Act; nor to the General Revenue Fund, as authorized by
9Public Act 93-25.
10    The additional amounts authorized for expenditure in this
11Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91
12shall be repaid to the Road Fund from the General Revenue Fund
13in the next succeeding fiscal year that the General Revenue
14Fund has a positive budgetary balance, as determined by
15generally accepted accounting principles applicable to
16government.
17    The additional amounts authorized for expenditure by the
18Secretary of State and the Illinois Department of State Police
19in this Section by Public Act 94-91 shall be repaid to the Road
20Fund from the General Revenue Fund in the next succeeding
21fiscal year that the General Revenue Fund has a positive
22budgetary balance, as determined by generally accepted
23accounting principles applicable to government.
24(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20;
25102-16, eff. 6-17-21; 102-538, eff. 8-20-21; revised
2610-15-21.)
 

 

 

HB5050- 11 -LRB102 25452 RJF 34738 b

1    (30 ILCS 105/8.3a new)
2    Sec. 8.3a. State Police patrol funding. Notwithstanding
3any provision of law to the contrary, moneys in the Road Fund
4may be allocated to and used by the Illinois State Police for
5the purposes of the Division of Patrol Operations and to fund
6the patrolling of Illinois public highways and expressways by
7the Illinois State Police.