HB4053 96TH GENERAL ASSEMBLY

LRB096 07609 RCE 17705 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB4053

Introduced 2/27/2009, by Rep. Mike Fortner - Darlene J. Senger - Tom Cross - Linda Chapa LaVia - Fred Crespo, et al.

SYNOPSIS AS INTRODUCED:

55 ILCS 5/5-1008.7 new

Amends the Counties Code. Provides that the county boards of Cook, DuPage, Kane, Lake, McHenry, and Will Counties may impose a tax upon all rail line owners (calculated per rail car per mile) for the privilege of operating a rail line within the county and that the rate must be sufficient to complete necessary grade crossing separation work and related infrastructure improvements to improve safety for first responders and the general public. Contains other provisions. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Counties Code is amended by adding Section 5-1008.7 as follows:

(55 ILCS 5/5-1008.7 new)

Sec. 5-1008.7. County tax for railroad grade crossings. The county board of Cook, DuPage, Kane, Lake, McHenry, and Will County may each impose a tax upon all rail line owners for the privilege of operating a rail line within the county. The tax shall be at a rate determined by the Illinois Commerce Commission and approved by the county board, and shall be calculated per rail car per mile traveled in the county. The rate must be sufficient to complete necessary grade crossing separation work and related infrastructure improvements in the county in order to improve safety for first responders and the general public. Not less than 60 days prior to the imposition of the tax by the county board, the Illinois Commerce Commission must submit to the county board a 10-year plan to upgrade grade separation crossings in the county, including costs associated with those upgrades. The Illinois Commerce Commission shall request and receive data from the Department of Transportation and each county board sufficient to enable the submission of the plans.

The tax imposed pursuant to this Section shall be collected and enforced by the State Department of Revenue. The Department shall immediately pay over to the State Treasurer, ex officio, as trustee, all taxes and penalties collected under this Section to be deposited into the County Railroad Crossing Fund, which shall be an unappropriated trust fund held outside of the State treasury. On or before the 25th day of each calendar month, the Department shall prepare and certify to the Comptroller the amounts collected in each county from the tax imposed under this Section. The amount to be paid to each county, and deposited into a special fund created in the county treasury for the purposes of this Section, shall be the amount collected in each county minus 2%, which shall be paid to the Illinois Commerce Commission to cover administrative expenses. Within 10 days after receipt by the Comptroller of the disbursement certification provided in this Section, the Comptroller shall cause the orders to be drawn for the respective amounts in accordance with directions contained in the certification.

The Illinois Commerce Commission must submit an annual report to the General Assembly, the Governor, and each county board referenced in this Section. The report must contain the Commission's 10-year plan and any updates to that plan.

Section 99. Effective date. This Act takes effect upon becoming law.