Full Text of SB1204 98th General Assembly
SB1204ham001 98TH GENERAL ASSEMBLY | Rep. Camille Y. Lilly Filed: 11/1/2013
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| 1 | | AMENDMENT TO SENATE BILL 1204
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1204 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Motor Fuel Tax Law is amended by changing | 5 | | Section 8 as follows:
| 6 | | (35 ILCS 505/8) (from Ch. 120, par. 424)
| 7 | | Sec. 8. Except as provided in Section 8a, subdivision
| 8 | | (h)(1) of Section 12a, Section 13a.6, and items
13, 14, 15, and | 9 | | 16 of Section 15, all money received by the Department under
| 10 | | this Act, including payments made to the Department by
member | 11 | | jurisdictions participating in the International Fuel Tax | 12 | | Agreement,
shall be deposited in a special fund in the State | 13 | | treasury, to be known as the
"Motor Fuel Tax Fund", and shall | 14 | | be used as follows:
| 15 | | (a) 2 1/2 cents per gallon of the tax collected on special | 16 | | fuel under
paragraph (b) of Section 2 and Section 13a of this |
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| 1 | | Act shall be transferred
to the State Construction Account Fund | 2 | | in the State Treasury;
| 3 | | (b) $420,000 shall be transferred each month to the State | 4 | | Boating Act
Fund to be used by the Department of Natural | 5 | | Resources for the purposes
specified in Article X of the Boat | 6 | | Registration and Safety Act;
| 7 | | (c) $3,500,000 shall be transferred each month to the Grade | 8 | | Crossing
Protection Fund to be used as follows: not less than | 9 | | $12,000,000 each fiscal
year shall be used for the construction | 10 | | or reconstruction of rail highway grade
separation structures; | 11 | | $2,250,000 in fiscal years 2004 through 2009 and $3,000,000 in | 12 | | fiscal year 2010 and each fiscal
year
thereafter shall be | 13 | | transferred to the Transportation
Regulatory Fund and shall be | 14 | | accounted for as part of the rail carrier
portion of such funds | 15 | | and shall be used to pay the cost of administration
of the | 16 | | Illinois Commerce Commission's railroad safety program in | 17 | | connection
with its duties under subsection (3) of Section | 18 | | 18c-7401 of the Illinois
Vehicle Code, with the remainder to be | 19 | | used by the Department of Transportation
upon order of the | 20 | | Illinois Commerce Commission, to pay that part of the
cost | 21 | | apportioned by such Commission to the State to cover the | 22 | | interest
of the public in the use of highways, roads, streets, | 23 | | or
pedestrian walkways in the
county highway system, township | 24 | | and district road system, or municipal
street system as defined | 25 | | in the Illinois Highway Code, together with any projects | 26 | | authorized under the Grand Avenue Railroad Relocation |
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| 1 | | Authority Act and the Elmwood Park Grade Separation Act, as | 2 | | provided in Section 4-302.5 of the Public Utilities Act, as the | 3 | | same may
from time to time be amended, for separation of | 4 | | grades, for installation,
construction or reconstruction of | 5 | | crossing protection or reconstruction,
alteration, relocation | 6 | | including construction or improvement of any
existing highway | 7 | | necessary for access to property or improvement of any
grade | 8 | | crossing and grade crossing surface including the necessary | 9 | | highway approaches thereto of any
railroad across the highway | 10 | | or public road, or for the installation,
construction, | 11 | | reconstruction, or maintenance of a pedestrian walkway over or
| 12 | | under a railroad right-of-way, as provided for in and in
| 13 | | accordance with Section 18c-7401 of the Illinois Vehicle Code.
| 14 | | The Commission may order up to $2,000,000 per year in Grade | 15 | | Crossing Protection Fund moneys for the improvement of grade | 16 | | crossing surfaces and up to $300,000 per year for the | 17 | | maintenance and renewal of 4-quadrant gate vehicle detection | 18 | | systems located at non-high speed rail grade crossings. The | 19 | | Commission shall not order more than $2,000,000 per year in | 20 | | Grade
Crossing Protection Fund moneys for pedestrian walkways.
| 21 | | In entering orders for projects for which payments from the | 22 | | Grade Crossing
Protection Fund will be made, the Commission | 23 | | shall account for expenditures
authorized by the orders on a | 24 | | cash rather than an accrual basis. For purposes
of this | 25 | | requirement an "accrual basis" assumes that the total cost of | 26 | | the
project is expended in the fiscal year in which the order |
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| 1 | | is entered, while a
"cash basis" allocates the cost of the | 2 | | project among fiscal years as
expenditures are actually made. | 3 | | To meet the requirements of this subsection,
the Illinois | 4 | | Commerce Commission shall develop annual and 5-year project | 5 | | plans
of rail crossing capital improvements that will be paid | 6 | | for with moneys from
the Grade Crossing Protection Fund. The | 7 | | annual project plan shall identify
projects for the succeeding | 8 | | fiscal year and the 5-year project plan shall
identify projects | 9 | | for the 5 directly succeeding fiscal years. The Commission
| 10 | | shall submit the annual and 5-year project plans for this Fund | 11 | | to the Governor,
the President of the Senate, the Senate | 12 | | Minority Leader, the Speaker of the
House of Representatives, | 13 | | and the Minority Leader of the House of
Representatives on
the | 14 | | first Wednesday in April of each year;
| 15 | | (d) of the amount remaining after allocations provided for | 16 | | in
subsections (a), (b) and (c), a sufficient amount shall be | 17 | | reserved to
pay all of the following:
| 18 | | (1) the costs of the Department of Revenue in | 19 | | administering this
Act;
| 20 | | (2) the costs of the Department of Transportation in | 21 | | performing its
duties imposed by the Illinois Highway Code | 22 | | for supervising the use of motor
fuel tax funds apportioned | 23 | | to municipalities, counties and road districts;
| 24 | | (3) refunds provided for in Section 13, refunds for | 25 | | overpayment of decal fees paid under Section 13a.4 of this | 26 | | Act, and refunds provided for under the terms
of the |
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| 1 | | International Fuel Tax Agreement referenced in Section | 2 | | 14a;
| 3 | | (4) from October 1, 1985 until June 30, 1994, the | 4 | | administration of the
Vehicle Emissions Inspection Law, | 5 | | which amount shall be certified monthly by
the | 6 | | Environmental Protection Agency to the State Comptroller | 7 | | and shall promptly
be transferred by the State Comptroller | 8 | | and Treasurer from the Motor Fuel Tax
Fund to the Vehicle | 9 | | Inspection Fund, and for the period July 1, 1994 through
| 10 | | June 30, 2000, one-twelfth of $25,000,000 each month, for | 11 | | the period July 1, 2000 through June 30, 2003,
one-twelfth | 12 | | of
$30,000,000
each month,
and $15,000,000 on July 1, 2003, | 13 | | and $15,000,000 on January 1, 2004, and $15,000,000
on
each
| 14 | | July
1 and October 1, or as soon thereafter as may be | 15 | | practical, during the period July 1, 2004 through June 30, | 16 | | 2012,
and $30,000,000 on June 1, 2013, or as soon | 17 | | thereafter as may be practical, and $15,000,000 on July 1 | 18 | | and October 1, or as soon thereafter as may be practical, | 19 | | during the period of July 1, 2013 through June 30, 2014, | 20 | | for the administration of the Vehicle Emissions Inspection | 21 | | Law of
2005, to be transferred by the State Comptroller and | 22 | | Treasurer from the Motor
Fuel Tax Fund into the Vehicle | 23 | | Inspection Fund;
| 24 | | (5) amounts ordered paid by the Court of Claims; and
| 25 | | (6) payment of motor fuel use taxes due to member | 26 | | jurisdictions under
the terms of the International Fuel Tax |
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| 1 | | Agreement. The Department shall
certify these amounts to | 2 | | the Comptroller by the 15th day of each month; the
| 3 | | Comptroller shall cause orders to be drawn for such | 4 | | amounts, and the Treasurer
shall administer those amounts | 5 | | on or before the last day of each month;
| 6 | | (e) after allocations for the purposes set forth in | 7 | | subsections
(a), (b), (c) and (d), the remaining amount shall | 8 | | be apportioned as follows:
| 9 | | (1) Until January 1, 2000, 58.4%, and beginning January | 10 | | 1, 2000, 45.6%
shall be deposited as follows:
| 11 | | (A) 37% into the State Construction Account Fund, | 12 | | and
| 13 | | (B) 63% into the Road Fund, $1,250,000 of which | 14 | | shall be reserved each
month for the Department of | 15 | | Transportation to be used in accordance with
the | 16 | | provisions of Sections 6-901 through 6-906 of the | 17 | | Illinois Highway Code;
| 18 | | (2) Until January 1, 2000, 41.6%, and beginning January | 19 | | 1, 2000, 54.4%
shall be transferred to the Department of | 20 | | Transportation to be
distributed as follows:
| 21 | | (A) 49.10% to the municipalities of the State,
| 22 | | (B) 16.74% to the counties of the State having | 23 | | 1,000,000 or more inhabitants,
| 24 | | (C) 18.27% to the counties of the State having less | 25 | | than 1,000,000 inhabitants,
| 26 | | (D) 15.89% to the road districts of the State.
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| 1 | | As soon as may be after the first day of each month the | 2 | | Department of
Transportation shall allot to each municipality | 3 | | its share of the amount
apportioned to the several | 4 | | municipalities which shall be in proportion
to the population | 5 | | of such municipalities as determined by the last
preceding | 6 | | municipal census if conducted by the Federal Government or
| 7 | | Federal census. If territory is annexed to any municipality | 8 | | subsequent
to the time of the last preceding census the | 9 | | corporate authorities of
such municipality may cause a census | 10 | | to be taken of such annexed
territory and the population so | 11 | | ascertained for such territory shall be
added to the population | 12 | | of the municipality as determined by the last
preceding census | 13 | | for the purpose of determining the allotment for that
| 14 | | municipality. If the population of any municipality was not | 15 | | determined
by the last Federal census preceding any | 16 | | apportionment, the
apportionment to such municipality shall be | 17 | | in accordance with any
census taken by such municipality. Any | 18 | | municipal census used in
accordance with this Section shall be | 19 | | certified to the Department of
Transportation by the clerk of | 20 | | such municipality, and the accuracy
thereof shall be subject to | 21 | | approval of the Department which may make
such corrections as | 22 | | it ascertains to be necessary.
| 23 | | As soon as may be after the first day of each month the | 24 | | Department of
Transportation shall allot to each county its | 25 | | share of the amount
apportioned to the several counties of the | 26 | | State as herein provided.
Each allotment to the several |
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| 1 | | counties having less than 1,000,000
inhabitants shall be in | 2 | | proportion to the amount of motor vehicle
license fees received | 3 | | from the residents of such counties, respectively,
during the | 4 | | preceding calendar year. The Secretary of State shall, on or
| 5 | | before April 15 of each year, transmit to the Department of
| 6 | | Transportation a full and complete report showing the amount of | 7 | | motor
vehicle license fees received from the residents of each | 8 | | county,
respectively, during the preceding calendar year. The | 9 | | Department of
Transportation shall, each month, use for | 10 | | allotment purposes the last
such report received from the | 11 | | Secretary of State.
| 12 | | As soon as may be after the first day of each month, the | 13 | | Department
of Transportation shall allot to the several | 14 | | counties their share of the
amount apportioned for the use of | 15 | | road districts. The allotment shall
be apportioned among the | 16 | | several counties in the State in the proportion
which the total | 17 | | mileage of township or district roads in the respective
| 18 | | counties bears to the total mileage of all township and | 19 | | district roads
in the State. Funds allotted to the respective | 20 | | counties for the use of
road districts therein shall be | 21 | | allocated to the several road districts
in the county in the | 22 | | proportion which the total mileage of such township
or district | 23 | | roads in the respective road districts bears to the total
| 24 | | mileage of all such township or district roads in the county. | 25 | | After
July 1 of any year prior to 2011, no allocation shall be | 26 | | made for any road district
unless it levied a tax for road and |
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| 1 | | bridge purposes in an amount which
will require the extension | 2 | | of such tax against the taxable property in
any such road | 3 | | district at a rate of not less than either .08% of the value
| 4 | | thereof, based upon the assessment for the year immediately | 5 | | prior to the year
in which such tax was levied and as equalized | 6 | | by the Department of Revenue
or, in DuPage County, an amount | 7 | | equal to or greater than $12,000 per mile of
road under the | 8 | | jurisdiction of the road district, whichever is less. Beginning | 9 | | July 1, 2011 and each July 1 thereafter, an allocation shall be | 10 | | made for any road district
if it levied a tax for road and | 11 | | bridge purposes. In counties other than DuPage County, if the | 12 | | amount of the tax levy requires the extension of the tax | 13 | | against the taxable property in
the road district at a rate | 14 | | that is less than 0.08% of the value
thereof, based upon the | 15 | | assessment for the year immediately prior to the year
in which | 16 | | the tax was levied and as equalized by the Department of | 17 | | Revenue, then the amount of the allocation for that road | 18 | | district shall be a percentage of the maximum allocation equal | 19 | | to the percentage obtained by dividing the rate extended by the | 20 | | district by 0.08%. In DuPage County, if the amount of the tax | 21 | | levy requires the extension of the tax against the taxable | 22 | | property in
the road district at a rate that is less than the | 23 | | lesser of (i) 0.08% of the value
of the taxable property in the | 24 | | road district, based upon the assessment for the year | 25 | | immediately prior to the year
in which such tax was levied and | 26 | | as equalized by the Department of Revenue,
or (ii) a rate that |
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| 1 | | will yield an amount equal to $12,000 per mile of
road under | 2 | | the jurisdiction of the road district, then the amount of the | 3 | | allocation for the road district shall be a percentage of the | 4 | | maximum allocation equal to the percentage obtained by dividing | 5 | | the rate extended by the district by the lesser of (i) 0.08% or | 6 | | (ii) the rate that will yield an amount equal to $12,000 per | 7 | | mile of
road under the jurisdiction of the road district. | 8 | | Prior to 2011, if any
road district has levied a special | 9 | | tax for road purposes
pursuant to Sections 6-601, 6-602 and | 10 | | 6-603 of the Illinois Highway Code, and
such tax was levied in | 11 | | an amount which would require extension at a
rate of not less | 12 | | than .08% of the value of the taxable property thereof,
as | 13 | | equalized or assessed by the Department of Revenue,
or, in | 14 | | DuPage County, an amount equal to or greater than $12,000 per | 15 | | mile of
road under the jurisdiction of the road district, | 16 | | whichever is less,
such levy shall, however, be deemed a proper | 17 | | compliance with this
Section and shall qualify such road | 18 | | district for an allotment under this
Section. Beginning in 2011 | 19 | | and thereafter, if any
road district has levied a special tax | 20 | | for road purposes
under Sections 6-601, 6-602, and 6-603 of the | 21 | | Illinois Highway Code, and
the tax was levied in an amount that | 22 | | would require extension at a
rate of not less than 0.08% of the | 23 | | value of the taxable property of that road district,
as | 24 | | equalized or assessed by the Department of Revenue or, in | 25 | | DuPage County, an amount equal to or greater than $12,000 per | 26 | | mile of road under the jurisdiction of the road district, |
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| 1 | | whichever is less, that levy shall be deemed a proper | 2 | | compliance with this
Section and shall qualify such road | 3 | | district for a full, rather than proportionate, allotment under | 4 | | this
Section. If the levy for the special tax is less than | 5 | | 0.08% of the value of the taxable property, or, in DuPage | 6 | | County if the levy for the special tax is less than the lesser | 7 | | of (i) 0.08% or (ii) $12,000 per mile of road under the | 8 | | jurisdiction of the road district, and if the levy for the | 9 | | special tax is more than any other levy for road and bridge | 10 | | purposes, then the levy for the special tax qualifies the road | 11 | | district for a proportionate, rather than full, allotment under | 12 | | this Section. If the levy for the special tax is equal to or | 13 | | less than any other levy for road and bridge purposes, then any | 14 | | allotment under this Section shall be determined by the other | 15 | | levy for road and bridge purposes. | 16 | | Prior to 2011, if a township has transferred to the road | 17 | | and bridge fund
money which, when added to the amount of any | 18 | | tax levy of the road
district would be the equivalent of a tax | 19 | | levy requiring extension at a
rate of at least .08%, or, in | 20 | | DuPage County, an amount equal to or greater
than $12,000 per | 21 | | mile of road under the jurisdiction of the road district,
| 22 | | whichever is less, such transfer, together with any such tax | 23 | | levy,
shall be deemed a proper compliance with this Section and | 24 | | shall qualify
the road district for an allotment under this | 25 | | Section.
| 26 | | In counties in which a property tax extension limitation is |
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| 1 | | imposed
under the Property Tax Extension Limitation Law, road | 2 | | districts may retain
their entitlement to a motor fuel tax | 3 | | allotment or, beginning in 2011, their entitlement to a full | 4 | | allotment if, at the time the property
tax
extension limitation | 5 | | was imposed, the road district was levying a road and
bridge | 6 | | tax at a rate sufficient to entitle it to a motor fuel tax | 7 | | allotment
and continues to levy the maximum allowable amount | 8 | | after the imposition of the
property tax extension limitation. | 9 | | Any road district may in all circumstances
retain its | 10 | | entitlement to a motor fuel tax allotment or, beginning in | 11 | | 2011, its entitlement to a full allotment if it levied a road | 12 | | and
bridge tax in an amount that will require the extension of | 13 | | the tax against the
taxable property in the road district at a | 14 | | rate of not less than 0.08% of the
assessed value of the | 15 | | property, based upon the assessment for the year
immediately | 16 | | preceding the year in which the tax was levied and as equalized | 17 | | by
the Department of Revenue or, in DuPage County, an amount | 18 | | equal to or greater
than $12,000 per mile of road under the | 19 | | jurisdiction of the road district,
whichever is less.
| 20 | | As used in this Section the term "road district" means any | 21 | | road
district, including a county unit road district, provided | 22 | | for by the
Illinois Highway Code; and the term "township or | 23 | | district road"
means any road in the township and district road | 24 | | system as defined in the
Illinois Highway Code. For the | 25 | | purposes of this Section, "township or
district road" also | 26 | | includes such roads as are maintained by park
districts, forest |
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| 1 | | preserve districts and conservation districts. The
Department | 2 | | of Transportation shall determine the mileage of all township
| 3 | | and district roads for the purposes of making allotments and | 4 | | allocations of
motor fuel tax funds for use in road districts.
| 5 | | Payment of motor fuel tax moneys to municipalities and | 6 | | counties shall
be made as soon as possible after the allotment | 7 | | is made. The treasurer
of the municipality or county may invest | 8 | | these funds until their use is
required and the interest earned | 9 | | by these investments shall be limited
to the same uses as the | 10 | | principal funds.
| 11 | | (Source: P.A. 97-72, eff. 7-1-11; 97-333, eff. 8-12-11; 98-24, | 12 | | eff. 6-19-13.)
| 13 | | Section 10. The Elmwood Park Grade Separation Authority Act | 14 | | is amended by changing Sections 5, 15, 35, 50, and 100 as | 15 | | follows: | 16 | | (70 ILCS 1935/5)
| 17 | | Sec. 5. Definitions. As used in this Act: | 18 | | "Authority" means the Elmwood Park Grade Separation | 19 | | Authority.
| 20 | | "Person" includes an individual, partnership, firm, public | 21 | | or private corporation, and government or unit of government. | 22 | | "Railroad" or "Railroads" means the Northeast Illinois | 23 | | Regional Commuter Railroad Corporation, created under | 24 | | subsection (a) of Section 2.20 of the Regional Transportation |
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| 1 | | Authority Act, Canadian Pacific Railway and other railroads | 2 | | operating or owning trackage or right-of-way within the area of | 3 | | the Authority. | 4 | | "Village" means the Village of Elmwood Park.
| 5 | | (Source: P.A. 98-564, eff. 8-27-13.) | 6 | | (70 ILCS 1935/15)
| 7 | | Sec. 15. Creation; duration; termination of the Authority. | 8 | | There is created a body politic and corporate, a unit of local | 9 | | government, named the Elmwood Park Grade Separation Authority | 10 | | that embraces that portion of Leyden Township within the | 11 | | Village of Elmwood Park, Cook County, Illinois. The Authority | 12 | | shall continue in existence until the accomplishment of its | 13 | | objectives or until the Authority officials resolve that it is | 14 | | impossible or economically unfeasible to fulfill its | 15 | | objectives. Objectives of the Authority include the grade | 16 | | separation of railroad tracks from the right-of-way of Grand | 17 | | Avenue in the Village of Elmwood Park, the relocation of | 18 | | railroad tracks and roadway to facilitate the grade separation, | 19 | | and other necessary, related improvements to the right-of-way | 20 | | and at-grade crossing closure within the Village of Elmwood | 21 | | Park. The Authority shall be dissolved upon its voluntary | 22 | | termination or 6 months after the first use of the railway on | 23 | | the grade separation structure by a Railroad . Upon termination | 24 | | or dissolution of the Authority after the construction of the | 25 | | grade separation project, the Department of Transportation |
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| 1 | | shall own and maintain the grade separation structure and the | 2 | | Northeast Illinois Regional Commuter Railroad Corporation | 3 | | Canadian Pacific Railway Company shall own and maintain the | 4 | | railway along the grade separation structure.
| 5 | | (Source: P.A. 98-564, eff. 8-27-13.) | 6 | | (70 ILCS 1935/35)
| 7 | | Sec. 35. Acceptance of grants, loans, and appropriations. | 8 | | The Authority has the power to apply for and accept grants, | 9 | | loans, advances, and appropriations from the federal | 10 | | government and from the State of Illinois, or any agency or | 11 | | instrumentality thereof, to be used for the purposes of the | 12 | | Authority, and to enter into any agreement in relation to such | 13 | | grants, loans, advances, and appropriations. The Authority may | 14 | | also accept from the State, or any State agency, department, or | 15 | | commission, any county or other political subdivision, any | 16 | | municipal corporation, any Railroads, school authorities, or | 17 | | jointly therefrom, grants of funds or services for any of the | 18 | | purposes of this Act. The Authority shall be treated as a rail | 19 | | carrier subject to the Illinois Commerce Commission's | 20 | | jurisdiction and eligible to receive money from the Grade | 21 | | Crossing Protection Fund, any fund of the State, or other | 22 | | source available for purposes of promoting safety and | 23 | | separation of at-grade railroad crossings or highway | 24 | | improvements. | 25 | | The Illinois Commerce Commission Crossing Safety |
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| 1 | | Improvement Program FY 2014-2018 Plan shall be revised to | 2 | | include this Authority's grade separation project as one of the | 3 | | bridge projects contemplated for FY 2015 through FY 2018, and | 4 | | funds from the Grade Crossing Protection Fund shall be | 5 | | allocated in the FY 2015 through FY 2018 Plan for said grade | 6 | | separation project. No Order of the Illinois Commerce | 7 | | Commission shall be effective or binding on the Authority to | 8 | | construct the grade separation project unless the federal | 9 | | government, the State of Illinois, or any agency or | 10 | | instrumentality thereof has granted or appropriated sufficient | 11 | | funds for the construction of the grade separation project and | 12 | | the Authority is in receipt of those funds . Notwithstanding, | 13 | | the Illinois Commerce Commission shall not withhold approval of | 14 | | the construction of the Authority's grade separation project or | 15 | | the issuance of any Orders that authorize the construction of | 16 | | the Authority's grade separation project.
| 17 | | (Source: P.A. 98-564, eff. 8-27-13.) | 18 | | (70 ILCS 1935/50)
| 19 | | Sec. 50. Board; composition; qualification; compensation | 20 | | and expenses. The Authority shall be governed by a 7 9 -member | 21 | | board consisting of members appointed by the Governor with the | 22 | | advice and consent of the Senate. Five members shall be voting | 23 | | members and 2 4 members shall be non-voting members. The voting | 24 | | members shall consist of the following: | 25 | | (1) two former public officials who served within the |
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| 1 | | Township of Leyden or the Village of Elmwood Park and are | 2 | | recommended to the Governor by the Village President of the | 3 | | Village of Elmwood Park; | 4 | | (2) one current employee two prior employees of the | 5 | | Northeast Illinois Regional Commuter Railroad Corporation | 6 | | Canadian Pacific Railway with management experience; and | 7 | | (3) one current employee of Canadian Pacific Railway; | 8 | | and | 9 | | (4) (3) one resident of the Township of Leyden or the | 10 | | Village of Elmwood Park. | 11 | | The non-voting members shall consist of the following: | 12 | | (1) the Village President of the Village of Elmwood | 13 | | Park; and | 14 | | (2) one current employee of Canadian Pacific Railway | 15 | | with management experience; | 16 | | (3) one current employee of Northeast Illinois | 17 | | Regional Commuter Railroad Corporation with management | 18 | | experience; and | 19 | | (2) (4) one current employee of the Department of | 20 | | Transportation with management experience. | 21 | | The members of the board shall serve without compensation, | 22 | | but may be reimbursed for actual expenses incurred by them in | 23 | | the performance of their duties prescribed by the Authority. | 24 | | However, any member of the board who serves as secretary or | 25 | | treasurer may receive compensation for services as that | 26 | | officer.
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| 1 | | (Source: P.A. 98-564, eff. 8-27-13; revised 10-17-13.) | 2 | | (70 ILCS 1935/100)
| 3 | | Sec. 100. Construction. Nothing in this Act shall be | 4 | | construed to confer upon the Authority the right, power, or | 5 | | duty to order or enforce the abandonment of any present | 6 | | property of the railroads or the use in substitution therefor | 7 | | of any property acquired for the railroads in the absence of a | 8 | | contract duly executed by the railroads and the Authority | 9 | | setting forth the terms and conditions upon which relocation of | 10 | | the right-of-way and physical facilities of the railroads is to | 11 | | be accomplished. No such contract shall be or become | 12 | | enforceable until the provisions of the contract have been | 13 | | approved or authorized by the Illinois Commerce Commission. | 14 | | Any construction improvements to signaling or any other | 15 | | aspect of the grade separation project dictated by the Railroad | 16 | | or the Northeast Illinois Regional Commuter Railroad | 17 | | Corporation shall be paid for respectively by the Railroad or | 18 | | the Northeast Illinois Regional Commuter Railroad Corporation. | 19 | | The Railroad or the Northeast Illinois Regional Commuter | 20 | | Railroad Corporation , or both, shall specifically pay any and | 21 | | all costs associated with any upgrades to the railway.
| 22 | | (Source: P.A. 98-564, eff. 8-27-13.) | 23 | | Section 15. The Public Utilities Act is amended by adding | 24 | | Section 4-302.5 as follows: |
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| 1 | | (220 ILCS 5/4-302.5 new) | 2 | | Sec. 4-302.5. Notwithstanding any provision of law to the | 3 | | contrary, the Commission shall have the jurisdiction provided | 4 | | in Section 35 of the Grand Avenue Railroad Relocation Authority | 5 | | Act and in Section 35 of the Elmwood Park Grade Separation | 6 | | Authority Act. The jurisdiction provided under those Acts | 7 | | includes the authority to use funds from the Grade Crossing | 8 | | Protection Fund to reimburse the Grand Avenue Railroad | 9 | | Relocation Authority or the Elmwood Park Grade Separation | 10 | | Authority, in an amount not to exceed $12 million, for the | 11 | | construction of a grade separation to replace the existing | 12 | | Grand Avenue highway-rail grade crossing of tracks owned by the | 13 | | Northeast Illinois Regional Commuter Railroad Corporation, | 14 | | without regard to whether all or part of the crossing is within | 15 | | the jurisdiction of the Illinois Department of Transportation, | 16 | | the Regional Transportation Authority or any subdivision or | 17 | | unit thereof, or any other State agency or unit of local | 18 | | government. | 19 | | The Commission's Crossing Safety Improvement Program FY | 20 | | 2014-2018 Plan shall be revised to include the Elmwood Park | 21 | | Grade Separation Authority's grade separation project as one of | 22 | | the bridge projects contemplated for FY 2015 through FY 2018, | 23 | | and funds from the Grade Crossing Protection Fund shall be | 24 | | allocated in the FY 2015 through FY 2018 Plan for said grade | 25 | | separation project, as provided under Section 35 of the Elmwood |
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| 1 | | Park Grade Separation Authority Act.
| 2 | | Section 99. Effective date. This Act takes effect upon | 3 | | becoming law.".
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