Bill Text: IL SB1204 | 2013-2014 | 98th General Assembly | Amended

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Bill Title: Amends the Counties Code. Provides that in a county that maintains a countywide map through a Geographic Information System (GIS), a charge may be added to specified filing fees in order to defray the cost of providing automated access, in addition to electronic access, to the county's GIS or property records (now, records). Amends the Tuberculosis Sanitarium District Act. Provides that upon dissolution of the Suburban Cook County Tuberculosis Sanitarium District, monetary assets of the District deposited into a special fund may be used for the prevention, care, treatment, and control of tuberculosis and other communicable diseases in or associated with suburban Cook County. Amends the Animal Control Act. Provides that amounts from the Animal Control Fund may be used to aid in costs incurred for enforcement of the Act or any county or municipal ordinance relating to public health and public nuisances, in addition to animal control. Effective immediately.

Spectrum: Moderate Partisan Bill (Democrat 8-2)

Status: (Failed) 2015-01-13 - Session Sine Die [SB1204 Detail]

Download: Illinois-2013-SB1204-Amended.html

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Rep. Camille Y. Lilly

Filed: 11/1/2013

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AMENDMENT TO SENATE BILL 1204
AMENDMENT NO. ______. Amend Senate Bill 1204 by replacing
everything after the enacting clause with the following:
"Section 5. The Motor Fuel Tax Law is amended by changing
Section 8 as follows:
(35 ILCS 505/8) (from Ch. 120, par. 424)
Sec. 8. Except as provided in Section 8a, subdivision
(h)(1) of Section 12a, Section 13a.6, and items 13, 14, 15, and
16 of Section 15, all money received by the Department under
this Act, including payments made to the Department by member
jurisdictions participating in the International Fuel Tax
Agreement, shall be deposited in a special fund in the State
treasury, to be known as the "Motor Fuel Tax Fund", and shall
be used as follows:
(a) 2 1/2 cents per gallon of the tax collected on special
fuel under paragraph (b) of Section 2 and Section 13a of this

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Act shall be transferred to the State Construction Account Fund
in the State Treasury;
(b) $420,000 shall be transferred each month to the State
Boating Act Fund to be used by the Department of Natural
Resources for the purposes specified in Article X of the Boat
Registration and Safety Act;
(c) $3,500,000 shall be transferred each month to the Grade
Crossing Protection Fund to be used as follows: not less than
$12,000,000 each fiscal year shall be used for the construction
or reconstruction of rail highway grade separation structures;
$2,250,000 in fiscal years 2004 through 2009 and $3,000,000 in
fiscal year 2010 and each fiscal year thereafter shall be
transferred to the Transportation Regulatory Fund and shall be
accounted for as part of the rail carrier portion of such funds
and shall be used to pay the cost of administration of the
Illinois Commerce Commission's railroad safety program in
connection with its duties under subsection (3) of Section
18c-7401 of the Illinois Vehicle Code, with the remainder to be
used by the Department of Transportation upon order of the
Illinois Commerce Commission, to pay that part of the cost
apportioned by such Commission to the State to cover the
interest of the public in the use of highways, roads, streets,
or pedestrian walkways in the county highway system, township
and district road system, or municipal street system as defined
in the Illinois Highway Code, together with any projects
authorized under the Elmwood Park Grade Separation Act, as

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provided in Section 4-302.5 of the Public Utilities Act, as the
same may from time to time be amended, for separation of
grades, for installation, construction or reconstruction of
crossing protection or reconstruction, alteration, relocation
including construction or improvement of any existing highway
necessary for access to property or improvement of any grade
crossing and grade crossing surface including the necessary
highway approaches thereto of any railroad across the highway
or public road, or for the installation, construction,
reconstruction, or maintenance of a pedestrian walkway over or
under a railroad right-of-way, as provided for in and in
accordance with Section 18c-7401 of the Illinois Vehicle Code.
The Commission may order up to $2,000,000 per year in Grade
Crossing Protection Fund moneys for the improvement of grade
crossing surfaces and up to $300,000 per year for the
maintenance and renewal of 4-quadrant gate vehicle detection
systems located at non-high speed rail grade crossings. The
Commission shall not order more than $2,000,000 per year in
Grade Crossing Protection Fund moneys for pedestrian walkways.
In entering orders for projects for which payments from the
Grade Crossing Protection Fund will be made, the Commission
shall account for expenditures authorized by the orders on a
cash rather than an accrual basis. For purposes of this
requirement an "accrual basis" assumes that the total cost of
the project is expended in the fiscal year in which the order
is entered, while a "cash basis" allocates the cost of the

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project among fiscal years as expenditures are actually made.
To meet the requirements of this subsection, the Illinois
Commerce Commission shall develop annual and 5-year project
plans of rail crossing capital improvements that will be paid
for with moneys from the Grade Crossing Protection Fund. The
annual project plan shall identify projects for the succeeding
fiscal year and the 5-year project plan shall identify projects
for the 5 directly succeeding fiscal years. The Commission
shall submit the annual and 5-year project plans for this Fund
to the Governor, the President of the Senate, the Senate
Minority Leader, the Speaker of the House of Representatives,
and the Minority Leader of the House of Representatives on the
first Wednesday in April of each year;
(d) of the amount remaining after allocations provided for
in subsections (a), (b) and (c), a sufficient amount shall be
reserved to pay all of the following:
(1) the costs of the Department of Revenue in
administering this Act;
(2) the costs of the Department of Transportation in
performing its duties imposed by the Illinois Highway Code
for supervising the use of motor fuel tax funds apportioned
to municipalities, counties and road districts;
(3) refunds provided for in Section 13, refunds for
overpayment of decal fees paid under Section 13a.4 of this
Act, and refunds provided for under the terms of the
International Fuel Tax Agreement referenced in Section

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14a;
(4) from October 1, 1985 until June 30, 1994, the
administration of the Vehicle Emissions Inspection Law,
which amount shall be certified monthly by the
Environmental Protection Agency to the State Comptroller
and shall promptly be transferred by the State Comptroller
and Treasurer from the Motor Fuel Tax Fund to the Vehicle
Inspection Fund, and for the period July 1, 1994 through
June 30, 2000, one-twelfth of $25,000,000 each month, for
the period July 1, 2000 through June 30, 2003, one-twelfth
of $30,000,000 each month, and $15,000,000 on July 1, 2003,
and $15,000,000 on January 1, 2004, and $15,000,000 on each
July 1 and October 1, or as soon thereafter as may be
practical, during the period July 1, 2004 through June 30,
2012, and $30,000,000 on June 1, 2013, or as soon
thereafter as may be practical, and $15,000,000 on July 1
and October 1, or as soon thereafter as may be practical,
during the period of July 1, 2013 through June 30, 2014,
for the administration of the Vehicle Emissions Inspection
Law of 2005, to be transferred by the State Comptroller and
Treasurer from the Motor Fuel Tax Fund into the Vehicle
Inspection Fund;
(5) amounts ordered paid by the Court of Claims; and
(6) payment of motor fuel use taxes due to member
jurisdictions under the terms of the International Fuel Tax
Agreement. The Department shall certify these amounts to

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the Comptroller by the 15th day of each month; the
Comptroller shall cause orders to be drawn for such
amounts, and the Treasurer shall administer those amounts
on or before the last day of each month;
(e) after allocations for the purposes set forth in
subsections (a), (b), (c) and (d), the remaining amount shall
be apportioned as follows:
(1) Until January 1, 2000, 58.4%, and beginning January
1, 2000, 45.6% shall be deposited as follows:
(A) 37% into the State Construction Account Fund,
and
(B) 63% into the Road Fund, $1,250,000 of which
shall be reserved each month for the Department of
Transportation to be used in accordance with the
provisions of Sections 6-901 through 6-906 of the
Illinois Highway Code;
(2) Until January 1, 2000, 41.6%, and beginning January
1, 2000, 54.4% shall be transferred to the Department of
Transportation to be distributed as follows:
(A) 49.10% to the municipalities of the State,
(B) 16.74% to the counties of the State having
1,000,000 or more inhabitants,
(C) 18.27% to the counties of the State having less
than 1,000,000 inhabitants,
(D) 15.89% to the road districts of the State.
As soon as may be after the first day of each month the

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Department of Transportation shall allot to each municipality
its share of the amount apportioned to the several
municipalities which shall be in proportion to the population
of such municipalities as determined by the last preceding
municipal census if conducted by the Federal Government or
Federal census. If territory is annexed to any municipality
subsequent to the time of the last preceding census the
corporate authorities of such municipality may cause a census
to be taken of such annexed territory and the population so
ascertained for such territory shall be added to the population
of the municipality as determined by the last preceding census
for the purpose of determining the allotment for that
municipality. If the population of any municipality was not
determined by the last Federal census preceding any
apportionment, the apportionment to such municipality shall be
in accordance with any census taken by such municipality. Any
municipal census used in accordance with this Section shall be
certified to the Department of Transportation by the clerk of
such municipality, and the accuracy thereof shall be subject to
approval of the Department which may make such corrections as
it ascertains to be necessary.
As soon as may be after the first day of each month the
Department of Transportation shall allot to each county its
share of the amount apportioned to the several counties of the
State as herein provided. Each allotment to the several
counties having less than 1,000,000 inhabitants shall be in

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proportion to the amount of motor vehicle license fees received
from the residents of such counties, respectively, during the
preceding calendar year. The Secretary of State shall, on or
before April 15 of each year, transmit to the Department of
Transportation a full and complete report showing the amount of
motor vehicle license fees received from the residents of each
county, respectively, during the preceding calendar year. The
Department of Transportation shall, each month, use for
allotment purposes the last such report received from the
Secretary of State.
As soon as may be after the first day of each month, the
Department of Transportation shall allot to the several
counties their share of the amount apportioned for the use of
road districts. The allotment shall be apportioned among the
several counties in the State in the proportion which the total
mileage of township or district roads in the respective
counties bears to the total mileage of all township and
district roads in the State. Funds allotted to the respective
counties for the use of road districts therein shall be
allocated to the several road districts in the county in the
proportion which the total mileage of such township or district
roads in the respective road districts bears to the total
mileage of all such township or district roads in the county.
After July 1 of any year prior to 2011, no allocation shall be
made for any road district unless it levied a tax for road and
bridge purposes in an amount which will require the extension

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of such tax against the taxable property in any such road
district at a rate of not less than either .08% of the value
thereof, based upon the assessment for the year immediately
prior to the year in which such tax was levied and as equalized
by the Department of Revenue or, in DuPage County, an amount
equal to or greater than $12,000 per mile of road under the
jurisdiction of the road district, whichever is less. Beginning
July 1, 2011 and each July 1 thereafter, an allocation shall be
made for any road district if it levied a tax for road and
bridge purposes. In counties other than DuPage County, if the
amount of the tax levy requires the extension of the tax
against the taxable property in the road district at a rate
that is less than 0.08% of the value thereof, based upon the
assessment for the year immediately prior to the year in which
the tax was levied and as equalized by the Department of
Revenue, then the amount of the allocation for that road
district shall be a percentage of the maximum allocation equal
to the percentage obtained by dividing the rate extended by the
district by 0.08%. In DuPage County, if the amount of the tax
levy requires the extension of the tax against the taxable
property in the road district at a rate that is less than the
lesser of (i) 0.08% of the value of the taxable property in the
road district, based upon the assessment for the year
immediately prior to the year in which such tax was levied and
as equalized by the Department of Revenue, or (ii) a rate that
will yield an amount equal to $12,000 per mile of road under

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the jurisdiction of the road district, then the amount of the
allocation for the road district shall be a percentage of the
maximum allocation equal to the percentage obtained by dividing
the rate extended by the district by the lesser of (i) 0.08% or
(ii) the rate that will yield an amount equal to $12,000 per
mile of road under the jurisdiction of the road district.
Prior to 2011, if any road district has levied a special
tax for road purposes pursuant to Sections 6-601, 6-602 and
6-603 of the Illinois Highway Code, and such tax was levied in
an amount which would require extension at a rate of not less
than .08% of the value of the taxable property thereof, as
equalized or assessed by the Department of Revenue, or, in
DuPage County, an amount equal to or greater than $12,000 per
mile of road under the jurisdiction of the road district,
whichever is less, such levy shall, however, be deemed a proper
compliance with this Section and shall qualify such road
district for an allotment under this Section. Beginning in 2011
and thereafter, if any road district has levied a special tax
for road purposes under Sections 6-601, 6-602, and 6-603 of the
Illinois Highway Code, and the tax was levied in an amount that
would require extension at a rate of not less than 0.08% of the
value of the taxable property of that road district, as
equalized or assessed by the Department of Revenue or, in
DuPage County, an amount equal to or greater than $12,000 per
mile of road under the jurisdiction of the road district,
whichever is less, that levy shall be deemed a proper

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compliance with this Section and shall qualify such road
district for a full, rather than proportionate, allotment under
this Section. If the levy for the special tax is less than
0.08% of the value of the taxable property, or, in DuPage
County if the levy for the special tax is less than the lesser
of (i) 0.08% or (ii) $12,000 per mile of road under the
jurisdiction of the road district, and if the levy for the
special tax is more than any other levy for road and bridge
purposes, then the levy for the special tax qualifies the road
district for a proportionate, rather than full, allotment under
this Section. If the levy for the special tax is equal to or
less than any other levy for road and bridge purposes, then any
allotment under this Section shall be determined by the other
levy for road and bridge purposes.
Prior to 2011, if a township has transferred to the road
and bridge fund money which, when added to the amount of any
tax levy of the road district would be the equivalent of a tax
levy requiring extension at a rate of at least .08%, or, in
DuPage County, an amount equal to or greater than $12,000 per
mile of road under the jurisdiction of the road district,
whichever is less, such transfer, together with any such tax
levy, shall be deemed a proper compliance with this Section and
shall qualify the road district for an allotment under this
Section.
In counties in which a property tax extension limitation is
imposed under the Property Tax Extension Limitation Law, road

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districts may retain their entitlement to a motor fuel tax
allotment or, beginning in 2011, their entitlement to a full
allotment if, at the time the property tax extension limitation
was imposed, the road district was levying a road and bridge
tax at a rate sufficient to entitle it to a motor fuel tax
allotment and continues to levy the maximum allowable amount
after the imposition of the property tax extension limitation.
Any road district may in all circumstances retain its
entitlement to a motor fuel tax allotment or, beginning in
2011, its entitlement to a full allotment if it levied a road
and bridge tax in an amount that will require the extension of
the tax against the taxable property in the road district at a
rate of not less than 0.08% of the assessed value of the
property, based upon the assessment for the year immediately
preceding the year in which the tax was levied and as equalized
by the Department of Revenue or, in DuPage County, an amount
equal to or greater than $12,000 per mile of road under the
jurisdiction of the road district, whichever is less.
As used in this Section the term "road district" means any
road district, including a county unit road district, provided
for by the Illinois Highway Code; and the term "township or
district road" means any road in the township and district road
system as defined in the Illinois Highway Code. For the
purposes of this Section, "township or district road" also
includes such roads as are maintained by park districts, forest
preserve districts and conservation districts. The Department

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of Transportation shall determine the mileage of all township
and district roads for the purposes of making allotments and
allocations of motor fuel tax funds for use in road districts.
Payment of motor fuel tax moneys to municipalities and
counties shall be made as soon as possible after the allotment
is made. The treasurer of the municipality or county may invest
these funds until their use is required and the interest earned
by these investments shall be limited to the same uses as the
principal funds.
(Source: P.A. 97-72, eff. 7-1-11; 97-333, eff. 8-12-11; 98-24,
eff. 6-19-13.)
Section 10. The Elmwood Park Grade Separation Authority Act
is amended by changing Sections 5, 15, 35, 50, and 100 as
follows:
(70 ILCS 1935/5)
Sec. 5. Definitions. As used in this Act:
"Authority" means the Elmwood Park Grade Separation
Authority.
"Person" includes an individual, partnership, firm, public
or private corporation, and government or unit of government.
"Railroad" or "Railroads" means the Northeast Illinois
Regional Commuter Railroad Corporation, created under
subsection (a) of Section 2.20 of the Regional Transportation
Authority Act, Canadian Pacific Railway and other railroads

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operating or owning trackage or right-of-way within the area of
the Authority.
"Village" means the Village of Elmwood Park.
(Source: P.A. 98-564, eff. 8-27-13.)
(70 ILCS 1935/15)
Sec. 15. Creation; duration; termination of the Authority.
There is created a body politic and corporate, a unit of local
government, named the Elmwood Park Grade Separation Authority
that embraces that portion of Leyden Township within the
Village of Elmwood Park, Cook County, Illinois. The Authority
shall continue in existence until the accomplishment of its
objectives or until the Authority officials resolve that it is
impossible or economically unfeasible to fulfill its
objectives. Objectives of the Authority include the grade
separation of railroad tracks from the right-of-way of Grand
Avenue in the Village of Elmwood Park, the relocation of
railroad tracks and roadway to facilitate the grade separation,
and other necessary, related improvements to the right-of-way
and at-grade crossing closure within the Village of Elmwood
Park. The Authority shall be dissolved upon its voluntary
termination or 6 months after the first use of the railway on
the grade separation structure by a Railroad. Upon termination
or dissolution of the Authority after the construction of the
grade separation project, the Department of Transportation
shall own and maintain the grade separation structure and the

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Northeast Illinois Regional Commuter Railroad Corporation
Canadian Pacific Railway Company shall own and maintain the
railway along the grade separation structure.
(Source: P.A. 98-564, eff. 8-27-13.)
(70 ILCS 1935/35)
Sec. 35. Acceptance of grants, loans, and appropriations.
The Authority has the power to apply for and accept grants,
loans, advances, and appropriations from the federal
government and from the State of Illinois, or any agency or
instrumentality thereof, to be used for the purposes of the
Authority, and to enter into any agreement in relation to such
grants, loans, advances, and appropriations. The Authority may
also accept from the State, or any State agency, department, or
commission, any county or other political subdivision, any
municipal corporation, any Railroads, school authorities, or
jointly therefrom, grants of funds or services for any of the
purposes of this Act. The Authority shall be treated as a rail
carrier subject to the Illinois Commerce Commission's
jurisdiction and eligible to receive money from the Grade
Crossing Protection Fund, any fund of the State, or other
source available for purposes of promoting safety and
separation of at-grade railroad crossings or highway
improvements.
The Illinois Commerce Commission Crossing Safety
Improvement Program FY 2014-2018 Plan shall be revised to

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include this Authority's grade separation project as one of the
bridge projects contemplated for FY 2015 through FY 2018, and
funds from the Grade Crossing Protection Fund shall be
allocated in the FY 2015 through FY 2018 Plan for said grade
separation project. No Order of the Illinois Commerce
Commission shall be effective or binding on the Authority to
construct the grade separation project unless the federal
government, the State of Illinois, or any agency or
instrumentality thereof has granted or appropriated sufficient
funds for the construction of the grade separation project and
the Authority is in receipt of those funds. Notwithstanding,
the Illinois Commerce Commission shall not withhold approval of
the construction of the Authority's grade separation project or
the issuance of any Orders that authorize the construction of
the Authority's grade separation project.
(Source: P.A. 98-564, eff. 8-27-13.)
(70 ILCS 1935/50)
Sec. 50. Board; composition; qualification; compensation
and expenses. The Authority shall be governed by a 7 9-member
board consisting of members appointed by the Governor with the
advice and consent of the Senate. Five members shall be voting
members and 2 4 members shall be non-voting members. The voting
members shall consist of the following:
(1) two former public officials who served within the
Township of Leyden or the Village of Elmwood Park and are

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recommended to the Governor by the Village President of the
Village of Elmwood Park;
(2) one current employee two prior employees of the
Northeast Illinois Regional Commuter Railroad Corporation
Canadian Pacific Railway with management experience; and
(3) one current employee of Canadian Pacific Railway;
and
(4) (3) one resident of the Township of Leyden or the
Village of Elmwood Park.
The non-voting members shall consist of the following:
(1) the Village President of the Village of Elmwood
Park; and
(2) one current employee of Canadian Pacific Railway
with management experience;
(3) one current employee of Northeast Illinois
Regional Commuter Railroad Corporation with management
experience; and
(2) (4) one current employee of the Department of
Transportation with management experience.
The members of the board shall serve without compensation,
but may be reimbursed for actual expenses incurred by them in
the performance of their duties prescribed by the Authority.
However, any member of the board who serves as secretary or
treasurer may receive compensation for services as that
officer.
(Source: P.A. 98-564, eff. 8-27-13; revised 10-17-13.)

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(70 ILCS 1935/100)
Sec. 100. Construction. Nothing in this Act shall be
construed to confer upon the Authority the right, power, or
duty to order or enforce the abandonment of any present
property of the railroads or the use in substitution therefor
of any property acquired for the railroads in the absence of a
contract duly executed by the railroads and the Authority
setting forth the terms and conditions upon which relocation of
the right-of-way and physical facilities of the railroads is to
be accomplished. No such contract shall be or become
enforceable until the provisions of the contract have been
approved or authorized by the Illinois Commerce Commission.
Any construction improvements to signaling or any other
aspect of the grade separation project dictated by the Railroad
or the Northeast Illinois Regional Commuter Railroad
Corporation shall be paid for respectively by the Railroad or
the Northeast Illinois Regional Commuter Railroad Corporation.
The Railroad or the Northeast Illinois Regional Commuter
Railroad Corporation, or both, shall specifically pay any and
all costs associated with any upgrades to the railway.
(Source: P.A. 98-564, eff. 8-27-13.)
Section 15. The Public Utilities Act is amended by adding
Section 4-302.5 as follows:

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(220 ILCS 5/4-302.5 new)
Sec. 4-302.5. Elmwood Park Grade Separation Authority.
Notwithstanding any provision of law to the contrary, the
Commission shall have the jurisdiction provided in Section 35
of the Elmwood Park Grade Separation Authority Act. The
jurisdiction provided under that Act includes the authority to
use funds from the Grade Crossing Protection Fund to reimburse
the Elmwood Park Grade Separation Authority, in an amount not
to exceed $12,000,000, for the construction of a grade
separation to replace the existing Grand Avenue highway-rail
grade crossing of tracks owned by the Northeast Illinois
Regional Commuter Railroad Corporation, without regard to
whether all or part of the crossing is within the jurisdiction
of the Illinois Department of Transportation, the Regional
Transportation Authority or any subdivision or unit thereof, or
any other State agency or unit of local government.
The Elmwood Park Grade Separation Authority shall conduct a
preliminary engineering study for the construction of a grade
separation to replace the existing Grand Avenue highway-rail
grade crossing, which shall result in the preparation of
preliminary engineering plans and an estimate of cost. The
Elmwood Park Grade Separation Authority shall also prepare a
funding plan for the grade separation project. The Elmwood Park
Grade Separation Authority shall submit a copy of the
preliminary engineering study and funding plan for the
construction of a grade separation to replace the existing

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Grand Avenue highway-rail grade crossing to the Commission for
its review.
Following receipt of the preliminary engineering study and
funding plan for the Grand Avenue grade separation project, the
Commission shall include that project as one of the bridge
projects included in the Commission's Crossing Safety
Improvement Program during the earliest 5-year programming
cycle, and funds from the Grade Crossing Protection Fund shall
be programmed for that grade separation project.
No funds from the Grade Crossing Protection Fund programmed
for the Grand Avenue grade separation project shall be provided
unless authorized by the Commission. Funds from the Grade
Crossing Protection Fund programmed for the Grand Avenue grade
separation project shall not exceed $12,000,000 and shall only
be provided to the Elmwood Park Grade Separation Authority as
reimbursement for expenses already incurred.
Section 99. Effective date. This Act takes effect upon
becoming law.".