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[ House Amendment 001 ] |
92_HB3082 LRB9203817TAtmA 1 AN ACT concerning safety. 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 Sections 5.22 and 8.3 as follows: 6 (30 ILCS 105/5.22) (from Ch. 127, par. 141.22) 7 Sec. 5.22. The Crossing Safety Improvement Fund.Grade8Crossing Protection Fund.9 (Source: Laws 1919, p. 946.) 10 (30 ILCS 105/8.3) (from Ch. 127, par. 144.3) 11 Sec. 8.3. Money in the Road Fund shall, if and when the 12 State of Illinois incurs any bonded indebtedness for the 13 construction of permanent highways, be set aside and used for 14 the purpose of paying and discharging annually the principal 15 and interest on that bonded indebtedness then due and 16 payable, and for no other purpose. The surplus, if any, in 17 the Road Fund after the payment of principal and interest on 18 that bonded indebtedness then annually due shall be used as 19 follows: 20 first -- to pay the cost of administration of 21 Chapters 2 through 10 of the Illinois Vehicle Code, 22 except the cost of administration of Articles I and II of 23 Chapter 3 of that Code; and 24 secondly -- for expenses of the Department of 25 Transportation for construction, reconstruction, 26 improvement, repair, maintenance, operation, and 27 administration of highways in accordance with the 28 provisions of laws relating thereto, or for any purpose 29 related or incident to and connected therewith, including 30 the separation of grades of those highways with railroads -2- LRB9203817TAtmA 1 and with highways and including the payment of awards 2 made by the Industrial Commission under the terms of the 3 Workers' Compensation Act or Workers' Occupational 4 Diseases Act for injury or death of an employee of the 5 Division of Highways in the Department of Transportation; 6 or for the acquisition of land and the erection of 7 buildings for highway purposes, including the acquisition 8 of highway right-of-way or for investigations to 9 determine the reasonably anticipated future highway 10 needs; or for making of surveys, plans, specifications 11 and estimates for and in the construction and maintenance 12 of flight strips and of highways necessary to provide 13 access to military and naval reservations, to defense 14 industries and defense-industry sites, and to the sources 15 of raw materials and for replacing existing highways and 16 highway connections shut off from general public use at 17 military and naval reservations and defense-industry 18 sites, or for the purchase of right-of-way, except that 19 the State shall be reimbursed in full for any expense 20 incurred in building the flight strips; or for the 21 operating and maintaining of highway garages; or for 22 patrolling and policing the public highways and 23 conserving the peace; or for any of those purposes or any 24 other purpose that may be provided by law. 25 Appropriations for any of those purposes are payable from 26 the Road Fund. Appropriations may also be made from the Road 27 Fund for the administrative expenses of any State agency that 28 are related to motor vehicles or arise from the use of motor 29 vehicles. 30 Beginning with fiscal year 1980 and thereafter, no Road 31 Fund monies shall be appropriated to the following 32 Departments or agencies of State government for 33 administration, grants, or operations; but this limitation is 34 not a restriction upon appropriating for those purposes any -3- LRB9203817TAtmA 1 Road Fund monies that are eligible for federal reimbursement; 2 1. Department of Public Health; 3 2. Department of Transportation, only with respect 4 to subsidies for one-half fare Student Transportation and 5 Reduced Fare for Elderly; 6 3. Department of Central Management Services, 7 except for expenditures incurred for group insurance 8 premiums of appropriate personnel; 9 4. Judicial Systems and Agencies. 10 Beginning with fiscal year 1981 and thereafter, no Road 11 Fund monies shall be appropriated to the following 12 Departments or agencies of State government for 13 administration, grants, or operations; but this limitation is 14 not a restriction upon appropriating for those purposes any 15 Road Fund monies that are eligible for federal reimbursement: 16 1. Department of State Police, except for 17 expenditures with respect to the Division of Operations; 18 2. Department of Transportation, only with respect 19 to Intercity Rail Subsidies and Rail Freight Services. 20 Beginning with fiscal year 1982 and thereafter, no Road 21 Fund monies shall be appropriated to the following 22 Departments or agencies of State government for 23 administration, grants, or operations; but this limitation is 24 not a restriction upon appropriating for those purposes any 25 Road Fund monies that are eligible for federal reimbursement: 26 Department of Central Management Services, except for awards 27 made by the Industrial Commission under the terms of the 28 Workers' Compensation Act or Workers' Occupational Diseases 29 Act for injury or death of an employee of the Division of 30 Highways in the Department of Transportation. 31 Beginning with fiscal year 1984 and thereafter, no Road 32 Fund monies shall be appropriated to the following 33 Departments or agencies of State government for 34 administration, grants, or operations; but this limitation is -4- LRB9203817TAtmA 1 not a restriction upon appropriating for those purposes any 2 Road Fund monies that are eligible for federal reimbursement: 3 1. Department of State Police, except not more than 4 40% of the funds appropriated for the Division of 5 Operations; 6 2. State Officers. 7 Beginning with fiscal year 1984 and thereafter, no Road 8 Fund monies shall be appropriated to any Department or agency 9 of State government for administration, grants, or operations 10 except as provided hereafter; but this limitation is not a 11 restriction upon appropriating for those purposes any Road 12 Fund monies that are eligible for federal reimbursement. It 13 shall not be lawful to circumvent the above appropriation 14 limitations by governmental reorganization or other methods. 15 Appropriations shall be made from the Road Fund only in 16 accordance with the provisions of this Section. 17 Money in the Road Fund shall, if and when the State of 18 Illinois incurs any bonded indebtedness for the construction 19 of permanent highways, be set aside and used for the purpose 20 of paying and discharging during each fiscal year the 21 principal and interest on that bonded indebtedness as it 22 becomes due and payable as provided in the Transportation 23 Bond Act, and for no other purpose. The surplus, if any, in 24 the Road Fund after the payment of principal and interest on 25 that bonded indebtedness then annually due shall be used as 26 follows: 27 first -- to pay the cost of administration of 28 Chapters 2 through 10 of the Illinois Vehicle Code; and 29 secondly -- no Road Fund monies derived from fees, 30 excises, or license taxes relating to registration, 31 operation and use of vehicles on public highways or to 32 fuels used for the propulsion of those vehicles, shall be 33 appropriated or expended other than for costs of 34 administering the laws imposing those fees, excises, and -5- LRB9203817TAtmA 1 license taxes, statutory refunds and adjustments allowed 2 thereunder, administrative costs of the Department of 3 Transportation, payment of debts and liabilities incurred 4 in construction and reconstruction of public highways and 5 bridges, acquisition of rights-of-way for and the cost of 6 construction, reconstruction, maintenance, repair, and 7 operation of public highways and bridges under the 8 direction and supervision of the State, political 9 subdivision, or municipality collecting those monies, and 10 the costs for patrolling and policing the public highways 11 (by State, political subdivision, or municipality 12 collecting that money) for enforcement of traffic laws. 13 The separation of grades of such highways with railroads 14 and costs associated with protection of at-grade highway 15 and railroad crossing shall also be permissible. 16 Appropriations for any of such purposes are payable from 17 the Road Fund or the Crossing Safety Improvement FundGrade18Crossing Protection Fundas provided in Section 8 of the 19 Motor Fuel Tax Law. 20 Beginning with fiscal year 1991 and thereafter, no Road 21 Fund monies shall be appropriated to the Department of State 22 Police for the purposes of this Section in excess of its 23 total fiscal year 1990 Road Fund appropriations for those 24 purposes unless otherwise provided in Section 5g of this Act. 25 It shall not be lawful to circumvent this limitation on 26 appropriations by governmental reorganization or other 27 methods unless otherwise provided in Section 5g of this Act. 28 In fiscal year 1994, no Road Fund monies shall be 29 appropriated to the Secretary of State for the purposes of 30 this Section in excess of the total fiscal year 1991 Road 31 Fund appropriations to the Secretary of State for those 32 purposes, plus $9,800,000. It shall not be lawful to 33 circumvent this limitation on appropriations by governmental 34 reorganization or other method. -6- LRB9203817TAtmA 1 Beginning with fiscal year 1995 and thereafter, no Road 2 Fund monies shall be appropriated to the Secretary of State 3 for the purposes of this Section in excess of the total 4 fiscal year 1994 Road Fund appropriations to the Secretary of 5 State for those purposes. It shall not be lawful to 6 circumvent this limitation on appropriations by governmental 7 reorganization or other methods. 8 Beginning with fiscal year 2000, total Road Fund 9 appropriations to the Secretary of State for the purposes of 10 this Section shall not exceed the amounts specified for the 11 following fiscal years: 12 Fiscal Year 2000 $80,500,000; 13 Fiscal Year 2001 $80,500,000; 14 Fiscal Year 2002 $80,500,000; 15 Fiscal Year 2003 $80,500,000; 16 Fiscal Year 2004 and 17 each year thereafter $30,500,000. 18 It shall not be lawful to circumvent this limitation on 19 appropriations by governmental reorganization or other 20 methods. 21 No new program may be initiated in fiscal year 1991 and 22 thereafter that is not consistent with the limitations 23 imposed by this Section for fiscal year 1984 and thereafter, 24 insofar as appropriation of Road Fund monies is concerned. 25 Nothing in this Section prohibits transfers from the Road 26 Fund to the State Construction Account Fund under Section 5e 27 of this Act. 28 (Source: P.A. 91-37, eff. 7-1-99; 91-760, eff. 1-1-01.) 29 (30 ILCS 105/8.8b rep.) 30 Section 6. The State Finance Act is amended by repealing 31 Section 8.8b. 32 Section 10. The Motor Fuel Tax Law is amended by -7- LRB9203817TAtmA 1 changing Section 8 as follows: 2 (35 ILCS 505/8) (from Ch. 120, par. 424) 3 Sec. 8. Except as provided in Sections 8a and 13a.6 and 4 items 13, 14, 15, and 16 of Section 15, all money received by 5 the Department under this Act, including payments made to the 6 Department by member jurisdictions participating in the 7 International Fuel Tax Agreement, shall be deposited in a 8 special fund in the State treasury, to be known as the "Motor 9 Fuel Tax Fund", and shall be used as follows: 10 (a) 2 1/2 cents per gallon of the tax collected on 11 special fuel under paragraph (b) of Section 2 and Section 13a 12 of this Act shall be transferred to the State Construction 13 Account Fund in the State Treasury; 14 (b) $420,000 shall be transferred each month to the 15 State Boating Act Fund to be used by the Department of 16 Natural Resources for the purposes specified in Article X of 17 the Boat Registration and Safety Act; 18 (c) $2,250,000 shall be transferred each month to the 19 Crossing Safety Improvement FundGrade Crossing Protection20Fundto be used as follows: not less than $6,000,000 each 21 fiscal year shall be used for the construction or 22 reconstruction of rail highway grade separation structures; 23 beginning with fiscal year 1997 and ending in fiscal year 24 2000, $1,500,000, beginning with fiscal year 2001 and ending 25 in fiscal year 2003, $2,250,000, and $750,000 in fiscal year 26 2004 and each fiscal year thereafter shall be transferred to 27 the Transportation Regulatory Fund and shall be accounted for 28 as part of the rail carrier portion of such funds and shall 29 be used to pay the cost of administration of the Illinois 30 Commerce Commission's railroad safety program in connection 31 with its duties under subsection (3) of Section 18c-7401 of 32 the Illinois Vehicle Code, with the remainder to be used by 33 the Department of Transportation upon order of the Illinois -8- LRB9203817TAtmA 1 Commerce Commission, to pay that part of the cost apportioned 2 by such Commission to the State to cover the interest of the 3 public in the use of highways, roads, streets, or pedestrian 4 walkways in the county highway system, township and district 5 road system, or municipal street system as defined in the 6 Illinois Highway Code, as the same may from time to time be 7 amended, for separation of grades, for installation, 8 construction or reconstruction of crossing protection or 9 reconstruction, alteration, relocation including construction 10 or improvement of any existing highway necessary for access 11 to property or improvement of any grade crossing including 12 the necessary highway approaches thereto of any railroad 13 across the highway or public road, for education of the 14 public regarding State laws dealing with grade crossing 15 safety or for enforcement of those laws, or for the 16 installation, construction, reconstruction, or maintenance of 17 a pedestrian walkway over or under a railroad right-of-way, 18 as provided for in and in accordance with Section 18c-7401 of 19 the Illinois Vehicle Code. The Commission shall not order 20 more than $2,000,000 per year in Crossing Safety Improvement 21 FundGrade Crossing Protection Fundmoneys for pedestrian 22 walkways, and shall not order more than $500,000 per year in 23 Crossing Safety Improvement Fund moneys for public education 24 and enforcement of State laws dealing with grade crossing 25 safety. In entering orders for projects for which payments 26 from the Crossing Safety Improvement FundGrade Crossing27Protection Fundwill be made, the Commission shall account 28 for expenditures authorized by the orders on a cash rather 29 than an accrual basis. For purposes of this requirement an 30 "accrual basis" assumes that the total cost of the project is 31 expended in the fiscal year in which the order is entered, 32 while a "cash basis" allocates the cost of the project among 33 fiscal years as expenditures are actually made. To meet the 34 requirements of this subsection, the Illinois Commerce -9- LRB9203817TAtmA 1 Commission shall develop annual and 5-year project plans of 2 rail crossing capital improvements that will be paid for with 3 moneys from the Crossing Safety Improvement FundGrade4Crossing Protection Fund. The annual project plan shall 5 identify projects for the succeeding fiscal year and the 6 5-year project plan shall identify projects for the 5 7 directly succeeding fiscal years. The Commission shall 8 submit the annual and 5-year project plans for this Fund to 9 the Governor, the President of the Senate, the Senate 10 Minority Leader, the Speaker of the House of Representatives, 11 and the Minority Leader of the House of Representatives on 12 the first Wednesday in April of each year; 13 (d) of the amount remaining after allocations provided 14 for in subsections (a), (b) and (c), a sufficient amount 15 shall be reserved to pay all of the following: 16 (1) the costs of the Department of Revenue in 17 administering this Act; 18 (2) the costs of the Department of Transportation 19 in performing its duties imposed by the Illinois Highway 20 Code for supervising the use of motor fuel tax funds 21 apportioned to municipalities, counties and road 22 districts; 23 (3) refunds provided for in Section 13 of this Act 24 and under the terms of the International Fuel Tax 25 Agreement referenced in Section 14a; 26 (4) from October 1, 1985 until June 30, 1994, the 27 administration of the Vehicle Emissions Inspection Law, 28 which amount shall be certified monthly by the 29 Environmental Protection Agency to the State Comptroller 30 and shall promptly be transferred by the State 31 Comptroller and Treasurer from the Motor Fuel Tax Fund to 32 the Vehicle Inspection Fund, and for the period July 1, 33 1994 through June 30, 2000,June 30, 2006,one-twelfth of 34 $25,000,000 each month, and for the period July 1, 2000 -10- LRB9203817TAtmA 1 through June 30, 2006, one-twelfth of $30,000,000 each 2 month, for the administration of the Vehicle Emissions 3 Inspection Law of 1995, to be transferred by the State 4 Comptroller and Treasurer from the Motor Fuel Tax Fund 5 into the Vehicle Inspection Fund; 6 (5) amounts ordered paid by the Court of Claims; 7 and 8 (6) payment of motor fuel use taxes due to member 9 jurisdictions under the terms of the International Fuel 10 Tax Agreement. The Department shall certify these 11 amounts to the Comptroller by the 15th day of each month; 12 the Comptroller shall cause orders to be drawn for such 13 amounts, and the Treasurer shall administer those amounts 14 on or before the last day of each month; 15 (e) after allocations for the purposes set forth in 16 subsections (a), (b), (c) and (d), the remaining amount shall 17 be apportioned as follows: 18 (1) Until January 1, 2000, 58.4%, and beginning 19 January 1, 2000, 45.6% shall be deposited as follows: 20 (A) 37% into the State Construction Account 21 Fund, and 22 (B) 63% into the Road Fund, $1,250,000 of 23 which shall be reserved each month for the 24 Department of Transportation to be used in 25 accordance with the provisions of Sections 6-901 26 through 6-906 of the Illinois Highway Code; 27 (2) Until January 1, 2000, 41.6%, and beginning 28 January 1, 2000, 54.4% shall be transferred to the 29 Department of Transportation to be distributed as 30 follows: 31 (A) 49.10% to the municipalities of the State, 32 (B) 16.74% to the counties of the State having 33 1,000,000 or more inhabitants, 34 (C) 18.27% to the counties of the State having -11- LRB9203817TAtmA 1 less than 1,000,000 inhabitants, 2 (D) 15.89% to the road districts of the State. 3 As soon as may be after the first day of each month the 4 Department of Transportation shall allot to each municipality 5 its share of the amount apportioned to the several 6 municipalities which shall be in proportion to the population 7 of such municipalities as determined by the last preceding 8 municipal census if conducted by the Federal Government or 9 Federal census. If territory is annexed to any municipality 10 subsequent to the time of the last preceding census the 11 corporate authorities of such municipality may cause a census 12 to be taken of such annexed territory and the population so 13 ascertained for such territory shall be added to the 14 population of the municipality as determined by the last 15 preceding census for the purpose of determining the allotment 16 for that municipality. If the population of any municipality 17 was not determined by the last Federal census preceding any 18 apportionment, the apportionment to such municipality shall 19 be in accordance with any census taken by such municipality. 20 Any municipal census used in accordance with this Section 21 shall be certified to the Department of Transportation by the 22 clerk of such municipality, and the accuracy thereof shall be 23 subject to approval of the Department which may make such 24 corrections as it ascertains to be necessary. 25 As soon as may be after the first day of each month the 26 Department of Transportation shall allot to each county its 27 share of the amount apportioned to the several counties of 28 the State as herein provided. Each allotment to the several 29 counties having less than 1,000,000 inhabitants shall be in 30 proportion to the amount of motor vehicle license fees 31 received from the residents of such counties, respectively, 32 during the preceding calendar year. The Secretary of State 33 shall, on or before April 15 of each year, transmit to the 34 Department of Transportation a full and complete report -12- LRB9203817TAtmA 1 showing the amount of motor vehicle license fees received 2 from the residents of each county, respectively, during the 3 preceding calendar year. The Department of Transportation 4 shall, each month, use for allotment purposes the last such 5 report received from the Secretary of State. 6 As soon as may be after the first day of each month, the 7 Department of Transportation shall allot to the several 8 counties their share of the amount apportioned for the use of 9 road districts. The allotment shall be apportioned among the 10 several counties in the State in the proportion which the 11 total mileage of township or district roads in the respective 12 counties bears to the total mileage of all township and 13 district roads in the State. Funds allotted to the respective 14 counties for the use of road districts therein shall be 15 allocated to the several road districts in the county in the 16 proportion which the total mileage of such township or 17 district roads in the respective road districts bears to the 18 total mileage of all such township or district roads in the 19 county. After July 1 of any year, no allocation shall be 20 made for any road district unless it levied a tax for road 21 and bridge purposes in an amount which will require the 22 extension of such tax against the taxable property in any 23 such road district at a rate of not less than either .08% of 24 the value thereof, based upon the assessment for the year 25 immediately prior to the year in which such tax was levied 26 and as equalized by the Department of Revenue or, in DuPage 27 County, an amount equal to or greater than $12,000 per mile 28 of road under the jurisdiction of the road district, 29 whichever is less. If any road district has levied a special 30 tax for road purposes pursuant to Sections 6-601, 6-602 and 31 6-603 of the Illinois Highway Code, and such tax was levied 32 in an amount which would require extension at a rate of not 33 less than .08% of the value of the taxable property thereof, 34 as equalized or assessed by the Department of Revenue, or, in -13- LRB9203817TAtmA 1 DuPage County, an amount equal to or greater than $12,000 per 2 mile of road under the jurisdiction of the road district, 3 whichever is less, such levy shall, however, be deemed a 4 proper compliance with this Section and shall qualify such 5 road district for an allotment under this Section. If a 6 township has transferred to the road and bridge fund money 7 which, when added to the amount of any tax levy of the road 8 district would be the equivalent of a tax levy requiring 9 extension at a rate of at least .08%, or, in DuPage County, 10 an amount equal to or greater than $12,000 per mile of road 11 under the jurisdiction of the road district, whichever is 12 less, such transfer, together with any such tax levy, shall 13 be deemed a proper compliance with this Section and shall 14 qualify the road district for an allotment under this 15 Section. 16 In counties in which a property tax extension limitation 17 is imposed under the Property Tax Extension Limitation Law, 18 road districts may retain their entitlement to a motor fuel 19 tax allotment if, at the time the property tax extension 20 limitation was imposed, the road district was levying a road 21 and bridge tax at a rate sufficient to entitle it to a motor 22 fuel tax allotment and continues to levy the maximum 23 allowable amount after the imposition of the property tax 24 extension limitation. Any road district may in all 25 circumstances retain its entitlement to a motor fuel tax 26 allotment if it levied a road and bridge tax in an amount 27 that will require the extension of the tax against the 28 taxable property in the road district at a rate of not less 29 than 0.08% of the assessed value of the property, based upon 30 the assessment for the year immediately preceding the year in 31 which the tax was levied and as equalized by the Department 32 of Revenue or, in DuPage County, an amount equal to or 33 greater than $12,000 per mile of road under the jurisdiction 34 of the road district, whichever is less. -14- LRB9203817TAtmA 1 As used in this Section the term "road district" means 2 any road district, including a county unit road district, 3 provided for by the Illinois Highway Code; and the term 4 "township or district road" means any road in the township 5 and district road system as defined in the Illinois Highway 6 Code. For the purposes of this Section, "road district" also 7 includes park districts, forest preserve districts and 8 conservation districts organized under Illinois law and 9 "township or district road" also includes such roads as are 10 maintained by park districts, forest preserve districts and 11 conservation districts. The Department of Transportation 12 shall determine the mileage of all township and district 13 roads for the purposes of making allotments and allocations 14 of motor fuel tax funds for use in road districts. 15 Payment of motor fuel tax moneys to municipalities and 16 counties shall be made as soon as possible after the 17 allotment is made. The treasurer of the municipality or 18 county may invest these funds until their use is required and 19 the interest earned by these investments shall be limited to 20 the same uses as the principal funds. 21 (Source: P.A. 90-110, eff. 7-14-97; 90-655, eff. 7-30-98; 22 90-659, eff. 1-1-99; 90-691, eff. 1-1-99; 91-37, eff. 7-1-99; 23 91-59, eff. 6-30-99; 91-173, eff. 1-1-00; 91-357, eff. 24 7-29-99; 91-704, eff. 7-1-00; 91-725, eff. 6-2-00; 91-794, 25 eff. 6-9-00; revised 6-28-00.) 26 Section 15. The Grand Avenue Railroad Relocation 27 Authority Act is amended by changing Section 35 as follows: 28 (70 ILCS 1915/35) 29 Sec. 35. Acceptance of grants, loans, and 30 appropriations. The Authority shall have the power to apply 31 for and accept grants, loans, advances and appropriations 32 from the Federal Government and from the State of Illinois or -15- LRB9203817TAtmA 1 any agency or instrumentality thereof to be used for the 2 purposes of the Authority, and to enter into any agreement in 3 relation to such grants, loans, advances and appropriations. 4 The Authority may also accept from the State, any State 5 agency, department or commission, any county or other 6 political subdivision, any municipal corporation, any 7 Railroads, school authorities, or jointly therefrom, grants 8 of funds or services for any of the purposes of this Act. 9 The Authority shall be treated as a rail carrier subject to 10 the Illinois Commerce Commission's jurisdiction and eligible 11 to receive money from the Crossing Safety Improvement Fund 12Grade Crossing Protection Fundor any fund of the State or 13 other source available for purposes of promoting safety and 14 separation of at-grade railroad crossings or highway 15 improvements. 16 (Source: P.A. 89-134, eff. 7-14-95.) 17 Section 20. The 25th Avenue Railroad Relocation and 18 Development Authority Act is amended by changing Section 25 19 as follows: 20 (70 ILCS 1920/25) 21 Sec. 25. Acceptance of grants, loans, and 22 appropriations. The Authority shall have the power to apply 23 for and accept grants, loans, advances and appropriations 24 from the Federal Government and from the State of Illinois or 25 any agency or instrumentality thereof to be used for the 26 purposes of the Authority, and to enter into any agreement in 27 relation to such grants, loans, advances and appropriations. 28 The Authority may also accept from the State, any State 29 agency, department or commission, any county or other 30 political subdivision, any municipal corporation, any 31 railroads, school authorities, or jointly therefrom, grants 32 of funds or services for any of the purposes of this Act. -16- LRB9203817TAtmA 1 The Authority shall be treated as a rail carrier subject to 2 the Illinois Commerce Commission's jurisdiction and eligible 3 to receive money from the Crossing Safety Improvement Fund 4Grade Crossing Protection Fundor any fund of the State or 5 other source available for purposes of promoting safety and 6 separation of at-grade railroad crossings or highway 7 improvements. 8 (Source: P.A. 91-562, eff. 8-14-99.) 9 Section 25. The Illinois Vehicle Code is amended by 10 changing Section 11-1201.1 and 18c-7401 as follows: 11 (625 ILCS 5/11-1201.1) 12 Sec. 11-1201.1. Automated Railroad Crossing Enforcement 13 System. 14 (a) For the purposes of this Section, an automated 15 railroad grade crossing enforcement system is a system 16 operated by a law enforcement agency that records a driver's 17 response to automatic, electrical or mechanical signal 18 devices and crossing gates. The system shall be designed to 19 obtain a clear photograph or other recorded image of the 20 vehicle, vehicle operator and the vehicle registration plate 21 of a vehicle in violation of Section 11-1201. The photograph 22 or other recorded image shall also display the time, date and 23 location of the violation. 24 (b) TheCommencing on January 1, 1996, theIllinois 25 Commerce Commission and the Commuter Rail Board of the 26 Regional Transportation Authority shall, in cooperation with 27 local law enforcement agencies, establish atwo yearpilot 28 program within a county with a population of between 750,000 29 and 1,000,000 using an automated railroad grade crossing 30 enforcement system. The Commission shall determine the 3 31 railroad grade crossings within that county that pose the 32 greatest threat to human life based upon the number of -17- LRB9203817TAtmA 1 accidents and fatalities at the crossings during the past 5 2 years and with approval of the local law enforcement agency 3 equip the crossings with an automated railroad grade crossing 4 enforcement system. The pilot program shall continue until 5 terminated by Order of the Commission. 6 (c) For each violation of Section 11-1201 recorded by an 7 automatic railroad grade crossing system, the local law 8 enforcement agency having jurisdiction shall issue a written 9 Uniform Traffic Citation of the violation to the registered 10 owner of the vehicle. The Uniform Traffic Citation shall be 11 delivered to the registered owner, by mail, within 30 days of 12 the violation. The Uniform Traffic Citation shall include 13 the name and address of vehicle owner, the vehicle 14 registration number, the offense charged, the time, date, and 15 location of the violation, the first available court date and 16 that the basis of the citation is the photograph or other 17 recorded image from the automated railroad grade crossing 18 enforcement system. 19 (d) The Uniform Traffic Citation issued to the violator 20 shall be accompanied by a written document which explains the 21 violator's rights and obligations and how the violator can 22 elect to proceed by either paying the fine or challenging the 23 issuance of the Uniform Traffic Citation. 24 (e) Any photograph or other recorded image evidencing a 25 violation of Section 11-1201 shall be admissible in any 26 proceeding resulting from the issuance of the Uniform Traffic 27 Citation. Photographs or recorded images made by an 28 automatic railroad grade crossing enforcement system shall be 29 confidential, and shall be made available only to the 30 defendant, governmental and law enforcement agencies for the 31 purposes of adjudicating a violation of Section 11-1201 of 32 the Illinois Vehicle Code. 33 (f) Rail crossings equipped with an automatic railroad 34 grade crossing enforcement system shall be posted with a sign -18- LRB9203817TAtmA 1 visible to approaching traffic stating that the railroad 2 grade crossing is being monitored, that citations will be 3 issued, and the amount of the fine for violation. 4 (g) The cost of the installation and maintenance of each 5 automatic railroad grade crossing enforcement system shall be 6 paid from the Crossing Safety Improvement FundGrade Crossing7Protection Fundif the rail line is not owned by Commuter 8 Rail Board of the Regional Transportation Authority. If the 9 rail line is owned by the Commuter Rail Board of the Regional 10 Transportation Authority, the costs of the installation and 11 maintenance shall be paid from the Regional Transportation 12 Authority's portion of the Public Transportation Fund. 13 (h) The Illinois Commerce Commission shall issue a 14 report to the General Assembly every 2 years and at the 15 conclusion of thetwo yearpilot program on the effectiveness 16 of the automatic railroad grade crossing enforcement system. 17 (Source: P.A. 89-454, eff. 5-17-96; 90-14, eff. 7-1-97.) 18 (625 ILCS 5/18c-7401) (from Ch. 95 1/2, par. 18c-7401) 19 Sec. 18c-7401. Safety Requirements for Track, 20 Facilities, and Equipment. 21 (1) General Requirements. Each rail carrier shall, 22 consistent with rules, orders, and regulations of the Federal 23 Railroad Administration, construct, maintain, and operate all 24 of its equipment, track, and other property in this State in 25 such a manner as to pose no undue risk to its employees or 26 the person or property of any member of the public. 27 (2) Adoption of Federal Standards. The track safety 28 standards and accident/incident standards promulgated by the 29 Federal Railroad Administration shall be safety standards of 30 the Commission. The Commission may, in addition, adopt by 31 reference in its regulations other federal railroad safety 32 standards, whether contained in federal statutes or in 33 regulations adopted pursuant to such statutes. -19- LRB9203817TAtmA 1 (3) Railroad Crossings. No public road, highway, or 2 street shall hereafter be constructed across the track of any 3 rail carrier at grade, nor shall the track of any rail 4 carrier be constructed across a public road, highway or 5 street at grade, without having first secured the permission 6 of the Commission; provided, that this Section shall not 7 apply to the replacement of lawfully existing roads, highways 8 and tracks. No public pedestrian bridge or subway shall be 9 constructed across the track of any rail carrier without 10 having first secured the permission of the Commission. The 11 Commission shall have the right to refuse its permission or 12 to grant it upon such terms and conditions as it may 13 prescribe. The Commission shall have power to determine and 14 prescribe the manner, including the particular point of 15 crossing, and the terms of installation, operation, 16 maintenance, use and protection of each such crossing. 17 The Commission shall also have power, after a hearing, to 18 require major alteration of or to abolish any crossing, 19 heretofore or hereafter established, when in its opinion, the 20 public safety requires such alteration or abolition, and, 21 except in cities, villages and incorporated towns of 22 1,000,000 or more inhabitants, to vacate and close that part 23 of the highway on such crossing altered or abolished and 24 cause barricades to be erected across such highway in such 25 manner as to prevent the use of such crossing as a highway, 26 when, in the opinion of the Commission, the public 27 convenience served by the crossing in question is not such as 28 to justify the further retention thereof; or to require a 29 separation of grades, at railroad-highway grade crossings; or 30 to require a separation of grades at any proposed crossing 31 where a proposed public highway may cross the tracks of any 32 rail carrier or carriers; and to prescribe, after a hearing 33 of the parties, the terms upon which such separations shall 34 be made and the proportion in which the expense of the -20- LRB9203817TAtmA 1 alteration or abolition of such crossings or the separation 2 of such grades, having regard to the benefits, if any, 3 accruing to the rail carrier or any party in interest, shall 4 be divided between the rail carrier or carriers affected, or 5 between such carrier or carriers and the State, county, 6 municipality or other public authority in interest. However, 7 a public hearing by the Commission to abolish a crossing 8 shall not be required when the public highway authority in 9 interest vacates the highway. In such instance the rail 10 carrier, following notification to the Commission and the 11 highway authority, shall remove any grade crossing warning 12 devices and the grade crossing surface. 13 The Commission shall also have power by its order to 14 require the reconstruction, minor alteration, minor 15 relocation or improvement of any crossing (including the 16 necessary highway approaches thereto) of any railroad across 17 any highway or public road, pedestrian bridge, or pedestrian 18 subway, whether such crossing be at grade or by overhead 19 structure or by subway, whenever the Commission finds after a 20 hearing or without a hearing as otherwise provided in this 21 paragraph that such reconstruction, alteration, relocation or 22 improvement is necessary to preserve or promote the safety or 23 convenience of the public or of the employees or passengers 24 of such rail carrier or carriers. By its original order or 25 supplemental orders in such case, the Commission may direct 26 such reconstruction, alteration, relocation, or improvement 27 to be made in such manner and upon such terms and conditions 28 as may be reasonable and necessary and may apportion the cost 29 of such reconstruction, alteration, relocation or improvement 30 and the subsequent maintenance thereof, having regard to the 31 benefits, if any, accruing to the railroad or any party in 32 interest, between the rail carrier or carriers and public 33 utilities affected, or between such carrier or carriers and 34 public utilities and the State, county, municipality or other -21- LRB9203817TAtmA 1 public authority in interest. The cost to be so apportioned 2 shall include the cost of changes or alterations in the 3 equipment of public utilities affected as well as the cost of 4 the relocation, diversion or establishment of any public 5 highway, made necessary by such reconstruction, alteration, 6 relocation or improvement of said crossing. A hearing shall 7 not be required in those instances when the Commission enters 8 an order confirming a written stipulation in which the 9 Commission, the public highway authority or other public 10 authority in interest, the rail carrier or carriers affected, 11 and in instances involving the use of the Crossing Safety 12 Improvement FundGrade Crossing Protection Fund, the Illinois 13 Department of Transportation, agree on the reconstruction, 14 alteration, relocation, or improvement and the subsequent 15 maintenance thereof and the division of costs of such changes 16 of any grade crossing (including the necessary highway 17 approaches thereto) of any railroad across any highway, 18 pedestrian bridge, or pedestrian subway. 19 Every rail carrier operating in the State of Illinois 20 shall construct and maintain every highway crossing over its 21 tracks within the State so that the roadway at the 22 intersection shall be as flush with the rails as 23 superelevated curves will allow, and, unless otherwise 24 ordered by the Commission, shall construct and maintain the 25 approaches thereto at a grade of not more than 5% within the 26 right of way for a distance of not less the 6 feet on each 27 side of the centerline of such tracks; provided, that the 28 grades at the approaches may be maintained in excess of 5% 29 only when authorized by the Commission. 30 Every rail carrier operating within this State shall 31 remove from its right of way at all railroad-highway grade 32 crossings within the State, such brush, shrubbery, and trees 33 as is reasonably practical for a distance of not less than 34 500 feet in either direction from each grade crossing. The -22- LRB9203817TAtmA 1 Commission shall have power, upon its own motion, or upon 2 complaint, and after having made proper investigation, to 3 require the installation of adequate and appropriate luminous 4 reflective warning signs, luminous flashing signals, crossing 5 gates illuminated at night, or other protective devices in 6 order to promote and safeguard the health and safety of the 7 public. Luminous flashing signal or crossing gate devices 8 installed at grade crossings, which have been approved by the 9 Commission, shall be deemed adequate and appropriate. The 10 Commission shall have authority to determine the number, 11 type, and location of such signs, signals, gates, or other 12 protective devices which, however, shall conform as near as 13 may be with generally recognized national standards, and the 14 Commission shall have authority to prescribe the division of 15 the cost of the installation and subsequent maintenance of 16 such signs, signals, gates, or other protective devices 17 between the rail carrier or carriers, the public highway 18 authority or other public authority in interest, and in 19 instances involving the use of the Crossing Safety 20 Improvement FundGrade Crossing Protection Fund, the Illinois 21 Department of Transportation. 22 No railroad may change or modify the warning device 23 system at a railroad-highway grade crossing, including 24 warning systems interconnected with highway traffic control 25 signals, without having first received the approval of the 26 Commission. The Commission shall have the further power, 27 upon application, upon its own motion, or upon complaint and 28 after having made proper investigation, to require the 29 interconnection of grade crossing warning devices with 30 traffic control signals at highway intersections located at 31 or near railroad crossings within the distances described by 32 the State Manual on Uniform Traffic Control Devices adopted 33 pursuant to Section 11-301 of this Code. In addition, State 34 and local authorities may not install, remove, modernize, or -23- LRB9203817TAtmA 1 otherwise modify traffic control signals at a highway 2 intersection that is interconnected or proposed to be 3 interconnected with grade crossing warning devices when the 4 change affects the number, type, or location of traffic 5 control devices on the track approach leg or legs of the 6 intersection or the timing of the railroad preemption 7 sequence of operation until the Commission has approved the 8 installation, removal, modernization, or modification. 9 Commission approval shall be limited to consideration of 10 issues directly affecting the public safety at the 11 railroad-highway grade crossing. The electrical circuit 12 devices, alternate warning devices, and preemption sequences 13 shall conform as nearly as possible, considering the 14 particular characteristics of the crossing and intersection 15 area, to the State manual adopted by the Illinois Department 16 of Transportation pursuant to Section 11-301 of this Code and 17 such federal standards as are made applicable by subsection 18 (2) of this Section. In order to carry out this authority, 19 the Commission shall have the authority to determine the 20 number, type, and location of traffic control devices on the 21 track approach leg or legs of the intersection and the timing 22 of the railroad preemption sequence of operation. The 23 Commission shall prescribe the division of costs for 24 installation and maintenance of all devices required by this 25 paragraph between the railroad or railroads and the highway 26 authority in interest and in instances involving the use of 27 the Crossing Safety Improvement FundGrade Crossing28Protection Fundor a State highway, the Illinois Department 29 of Transportation. 30 Any person who unlawfully or maliciously removes, throws 31 down, damages or defaces any sign, signal, gate or other 32 protective device, located at or near any public grade 33 crossing, shall be guilty of a petty offense and fined not 34 less than $50 nor more than $200 for each offense. In -24- LRB9203817TAtmA 1 addition to fines levied under the provisions of this Section 2 a person adjudged guilty hereunder may also be directed to 3 make restitution for the costs of repair or replacement, or 4 both, necessitated by his misconduct. 5 It is the public policy of the State of Illinois to 6 enhance public safety by establishing safe grade crossings. 7 In order to implement this policy, the Illinois Commerce 8 Commission is directed to conduct public hearings and to 9 adopt specific criteria by July 1, 1994, that shall be 10 adhered to by the Illinois Commerce Commission in determining 11 if a grade crossing should be opened or abolished. The 12 following factors shall be considered by the Illinois 13 Commerce Commission in developing the specific criteria for 14 opening and abolishing grade crossings: 15 (a) timetable speed of passenger trains; 16 (b) distance to an alternate crossing; 17 (c) accident history for the last 5 years; 18 (d) number of vehicular traffic and posted speed 19 limits; 20 (e) number of freight trains and their timetable 21 speeds; 22 (f) the type of warning device present at the grade 23 crossing; 24 (g) alignments of the roadway and railroad, and the 25 angle of intersection of those alignments; 26 (h) use of the grade crossing by trucks carrying 27 hazardous materials, vehicles carrying passengers for 28 hire, and school buses; and 29 (i) use of the grade crossing by emergency 30 vehicles. 31 The Illinois Commerce Commission, upon petition to open 32 or abolish a grade crossing, shall enter an order opening or 33 abolishing the crossing if it meets the specific criteria 34 adopted by the Commission. -25- LRB9203817TAtmA 1 Except as otherwise provided in this subsection (3), in 2 no instance shall a grade crossing be permanently closed 3 without public hearing first being held and notice of such 4 hearing being published in an area newspaper of local general 5 circulation. 6 (4) Freight Trains - Radio Communications. The 7 Commission shall after hearing and order require that every 8 main line railroad freight train operating on main tracks 9 outside of yard limits within this State shall be equipped 10 with a radio communication system. The Commission after 11 notice and hearing may grant exemptions from the requirements 12 of this Section as to secondary and branch lines. 13 (5) Railroad Bridges and Trestles - Walkway and 14 Handrail. In cases in which the Commission finds the same to 15 be practical and necessary for safety of railroad employees, 16 bridges and trestles, over and upon which railroad trains are 17 operated, shall include as a part thereof, a safe and 18 suitable walkway and handrail on one side only of such bridge 19 or trestle, and such handrail shall be located at the outer 20 edge of the walkway and shall provide a clearance of not less 21 than 8 feet, 6 inches, from the center line of the nearest 22 track, measured at right angles thereto. 23 (6) Packages Containing Articles for First Aid to 24 Injured on Trains. All rail carriers shall provide a package 25 containing the articles prescribed by the Commission, on each 26 train or engine, for first aid to persons who may be injured 27 in the course of the operation of such trains. 28 (7) Abandoned Bridges, Crossings, and Other Rail Plant. 29 The Commission shall have authority, after notice and 30 hearing, to order: 31 (a) The removal of any abandoned railroad tracks 32 from roads, streets or other thoroughfares in this State; 33 and 34 (b) The removal of abandoned overhead railroad -26- LRB9203817TAtmA 1 structures crossing highways, waterways, or railroads. 2 The Commission may equitably apportion the cost of such 3 actions between the rail carrier or carriers, public 4 utilities, and the State, county, municipality, township, 5 road district, or other public authority in interest. 6 (8) Railroad-Highway Bridge Clearance. A vertical 7 clearance of not less than 23 feet above the top of rail 8 shall be provided for all new or reconstructed highway 9 bridges constructed over a railroad track. The Commission 10 may permit a lesser clearance if it determines that the 23 11 foot clearance standard cannot be justified based on 12 engineering, operational, and economic conditions. 13 (Source: P.A. 90-691, eff. 1-1-99; 91-725, eff. 6-2-00.) 14 Section 99. Effective date. This Act takes effect upon 15 becoming law.