Full Text of SB1311 95th General Assembly
SB1311 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB1311
Introduced 2/9/2007, by Sen. Antonio Munoz SYNOPSIS AS INTRODUCED: |
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20 ILCS 2705/2705-435 |
was 20 ILCS 2705/49.25g-1 |
30 ILCS 105/8h |
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Amends the Department of Transportation Law of the
Civil Administrative Code of Illinois. Provides that, in each State fiscal year, the Department must use the first $2,500,000 available for use by the Department for loans and grants for railroad facilities to make grants to railroads that are registered rail carriers, other than Class 1 railroads as designated by the Federal Railroad Administration. Amends the State Finance Act to exempt the State Rail Freight Loan Repayment Fund from a provision of the Act that allows the Governor to transfer funds from certain special funds into the General Revenue Fund. Effective July 1, 2007.
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A BILL FOR
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SB1311 |
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LRB095 04388 HLH 24433 b |
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| AN ACT concerning State government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Department of Transportation Law of the
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| Civil Administrative Code of Illinois is amended by changing | 6 |
| Section 2705-435 as follows:
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| (20 ILCS 2705/2705-435) (was 20 ILCS 2705/49.25g-1)
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| Sec. 2705-435. Loans, grants, or contracts to | 9 |
| rehabilitate, improve, or
construct rail facilities; State | 10 |
| Rail Freight Loan Repayment Fund. In addition to the powers | 11 |
| under Section 105-430,
the
Department shall have the power to | 12 |
| enter into agreements to loan or grant
State funds to any | 13 |
| railroad, unit of local government, rail user, or owner
or | 14 |
| lessee of a railroad right of way to rehabilitate, improve, or | 15 |
| construct
rail facilities. For each State fiscal year beginning | 16 |
| on or after the effective date of this amendatory Act of the | 17 |
| 95th General Assembly, the first $2,500,000 of funds available | 18 |
| for use by the Department under this Section must be used to | 19 |
| make grants to railroads that are registered rail carriers, | 20 |
| other than Class 1 railroads as designated by the Federal | 21 |
| Railroad Administration.
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| For each project proposed for funding under this Section | 23 |
| the Department
shall, to the extent possible, give preference |
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LRB095 04388 HLH 24433 b |
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| to cost effective projects
that facilitate continuation of | 2 |
| existing rail freight service.
In the
exercise of its powers | 3 |
| under this Section, the Department shall coordinate
its program | 4 |
| with the industrial retention and attraction programs of the
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| Department of Commerce and Economic Opportunity. No funds | 6 |
| provided under this
Section shall be expended for the | 7 |
| acquisition of a right of way or for operating subsidies. The | 8 |
| costs of a project funded under this
Section shall be | 9 |
| apportioned in accordance with the agreement of the
parties for | 10 |
| the project. Projects are eligible for a loan or grant under
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| this Section only when the Department determines that the | 12 |
| transportation,
economic, and public benefits associated with | 13 |
| a project are
greater than the capital costs of that project | 14 |
| incurred by all parties to
the agreement and that the project | 15 |
| would not have occurred without
its
participation. In addition, | 16 |
| a project to be eligible for assistance under
this Section must | 17 |
| be included in a State plan for rail transportation and
local | 18 |
| rail service prepared by the Department. The Department may | 19 |
| also
expend State funds for professional engineering services | 20 |
| to conduct
feasibility studies of projects proposed for funding | 21 |
| under this Section, to
estimate the costs and material | 22 |
| requirements for those projects,
to provide
for the design of | 23 |
| those projects, including plans and
specifications, and to
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| conduct investigations to ensure compliance with the project | 25 |
| agreements.
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| The Department, acting through the Department of Central |
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| Management
Services, shall also have the power to let contracts | 2 |
| for the
purchase of railroad materials and supplies. The | 3 |
| Department shall also
have the power to let contracts for the | 4 |
| rehabilitation,
improvement, or construction of rail | 5 |
| facilities. Any such contract shall
be let, after due public | 6 |
| advertisement, to the lowest responsible bidder or
bidders, | 7 |
| upon terms and conditions to be fixed by the Department. With
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| regard to rehabilitation, improvement, or construction | 9 |
| contracts, the
Department shall also require the successful | 10 |
| bidder or bidders to furnish
good and sufficient bonds to | 11 |
| ensure proper and prompt completion of the
work in accordance | 12 |
| with the provisions of the contracts.
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| In the case of an agreement under which State funds are | 14 |
| loaned under this
Section, the agreement shall provide the | 15 |
| terms and conditions of repayment.
The agreement shall provide | 16 |
| for the security that the
Department shall
determine to protect | 17 |
| the State's interest. The funds may be loaned with or
without | 18 |
| interest. Loaned funds that are repaid to the Department
shall | 19 |
| be
deposited in a special fund in the State treasury to be | 20 |
| known as the State
Rail Freight Loan Repayment Fund. In the | 21 |
| case of repaid funds deposited
in the State Rail Freight Loan
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| Repayment Fund, the Department shall, subject to | 23 |
| appropriation, have
the
reuse of those funds and the interest | 24 |
| accrued thereon, which shall also be
deposited by the State | 25 |
| Treasurer in the Fund, as the State share
in other
eligible | 26 |
| projects under this Section. However, no expenditures from
the |
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| State Rail Freight Loan Repayment Fund for those projects
shall | 2 |
| at any
time exceed the total sum of funds repaid and deposited | 3 |
| in the State Rail
Freight Loan Repayment Fund and interest | 4 |
| earned by investment by the State
Treasurer which the State | 5 |
| Treasurer shall have deposited in that Fund.
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| For the purposes of promoting efficient rail freight | 7 |
| service, the
Department may also provide technical assistance | 8 |
| to railroads, units of
local government or rail users, or | 9 |
| owners or lessees of railroad rights-of-way.
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| The Department shall take whatever actions are necessary or | 11 |
| appropriate
to protect the State's interest in the event of | 12 |
| bankruptcy, default,
foreclosure, or noncompliance with the | 13 |
| terms and conditions of financial
assistance or participation | 14 |
| provided hereunder, including the power to
sell, dispose, | 15 |
| lease, or rent, upon terms and conditions determined by the
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| Secretary to be appropriate, real or personal property that the
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| Department
may receive as a result thereof.
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| The Department is authorized to make reasonable rules and | 19 |
| regulations
consistent with law necessary to carry out the | 20 |
| provisions of this Section.
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| (Source: P.A. 94-793, eff. 5-19-06; 94-807, eff. 5-26-06.)
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| Section 10. The State Finance Act is amended by changing | 23 |
| Section 8h as follows: | 24 |
| (30 ILCS 105/8h)
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| Sec. 8h. Transfers to General Revenue Fund. | 2 |
| (a) Except as otherwise provided in this Section and | 3 |
| Section 8n of this Act, and (c), (d), or (e),
notwithstanding | 4 |
| any other
State law to the contrary, the Governor
may, through | 5 |
| June 30, 2007, from time to time direct the State Treasurer and | 6 |
| Comptroller to transfer
a specified sum from any fund held by | 7 |
| the State Treasurer to the General
Revenue Fund in order to | 8 |
| help defray the State's operating costs for the
fiscal year. | 9 |
| The total transfer under this Section from any fund in any
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| fiscal year shall not exceed the lesser of (i) 8% of the | 11 |
| revenues to be deposited
into the fund during that fiscal year | 12 |
| or (ii) an amount that leaves a remaining fund balance of 25% | 13 |
| of the July 1 fund balance of that fiscal year. In fiscal year | 14 |
| 2005 only, prior to calculating the July 1, 2004 final | 15 |
| balances, the Governor may calculate and direct the State | 16 |
| Treasurer with the Comptroller to transfer additional amounts | 17 |
| determined by applying the formula authorized in Public Act | 18 |
| 93-839 to the funds balances on July 1, 2003.
No transfer may | 19 |
| be made from a fund under this Section that would have the
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| effect of reducing the available balance in the fund to an | 21 |
| amount less than
the amount remaining unexpended and unreserved | 22 |
| from the total appropriation
from that fund estimated to be | 23 |
| expended for that fiscal year. This Section does not apply to | 24 |
| any
funds that are restricted by federal law to a specific use, | 25 |
| to any funds in
the Motor Fuel Tax Fund, the Intercity | 26 |
| Passenger Rail Fund, the Hospital Provider Fund, the Medicaid |
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| Provider Relief Fund, the Teacher Health Insurance Security | 2 |
| Fund, the Reviewing Court Alternative Dispute Resolution Fund, | 3 |
| the Voters' Guide Fund, the Foreign Language Interpreter Fund, | 4 |
| the Lawyers' Assistance Program Fund, the Supreme Court Federal | 5 |
| Projects Fund, the Supreme Court Special State Projects Fund, | 6 |
| the Supplemental Low-Income Energy Assistance Fund, the Good | 7 |
| Samaritan Energy Trust Fund, the Low-Level Radioactive Waste | 8 |
| Facility Development and Operation Fund, the Horse Racing | 9 |
| Equity Trust Fund, or the Hospital Basic Services Preservation | 10 |
| Fund, or to any
funds to which subsection (f) of Section 20-40 | 11 |
| of the Nursing and Advanced Practice Nursing Act applies. No | 12 |
| transfers may be made under this Section from the Pet | 13 |
| Population Control Fund. Notwithstanding any
other provision | 14 |
| of this Section, for fiscal year 2004,
the total transfer under | 15 |
| this Section from the Road Fund or the State
Construction | 16 |
| Account Fund shall not exceed the lesser of (i) 5% of the | 17 |
| revenues to be deposited
into the fund during that fiscal year | 18 |
| or (ii) 25% of the beginning balance in the fund.
For fiscal | 19 |
| year 2005 through fiscal year 2007, no amounts may be | 20 |
| transferred under this Section from the Road Fund, the State | 21 |
| Construction Account Fund, the Criminal Justice Information | 22 |
| Systems Trust Fund, the Wireless Service Emergency Fund, or the | 23 |
| Mandatory Arbitration Fund.
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| In determining the available balance in a fund, the | 25 |
| Governor
may include receipts, transfers into the fund, and | 26 |
| other
resources anticipated to be available in the fund in that |
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| fiscal year.
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| The State Treasurer and Comptroller shall transfer the | 3 |
| amounts designated
under this Section as soon as may be | 4 |
| practicable after receiving the direction
to transfer from the | 5 |
| Governor.
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| (a-5) Transfers directed to be made under this Section on | 7 |
| or before February 28, 2006 that are still pending on May 19, | 8 |
| 2006 ( the effective date of Public Act 94-774)
this amendatory | 9 |
| Act of the 94th General Assembly shall be redirected as | 10 |
| provided in Section 8n of this Act.
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| (b) This Section does not apply to: (i) the Ticket For The | 12 |
| Cure Fund; (ii) any fund established under the Community Senior | 13 |
| Services and Resources Act; or (iii) on or after January 1, | 14 |
| 2006 (the effective date of Public Act 94-511), the Child Labor | 15 |
| and Day and Temporary Labor Enforcement Fund. | 16 |
| (c) This Section does not apply to the Demutualization | 17 |
| Trust Fund established under the Uniform Disposition of | 18 |
| Unclaimed Property Act.
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| (d) This Section does not apply to moneys set aside in the | 20 |
| Illinois State Podiatric Disciplinary Fund for podiatric | 21 |
| scholarships and residency programs under the Podiatric | 22 |
| Scholarship and Residency Act. | 23 |
| (e) Subsection (a) does not apply to, and no transfer may | 24 |
| be made under this Section from, the Pension Stabilization | 25 |
| Fund.
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| (f) This Section does not apply to the State Rail Freight |
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| Loan Repayment Fund.
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| (Source: P.A. 93-32, eff. 6-20-03; 93-659, eff. 2-3-04; 93-674, | 3 |
| eff. 6-10-04; 93-714, eff. 7-12-04; 93-801, eff. 7-22-04; | 4 |
| 93-839, eff. 7-30-04; 93-1054, eff. 11-18-04; 93-1067, eff. | 5 |
| 1-15-05; 94-91, eff. 7-1-05; 94-120, eff. 7-6-05; 94-511, eff. | 6 |
| 1-1-06; 94-535, eff. 8-10-05; 94-639, eff. 8-22-05; 94-645, | 7 |
| eff. 8-22-05; 94-648, eff. 1-1-06; 94-686, eff. 11-2-05; | 8 |
| 94-691, eff. 11-2-05; 94-726, eff. 1-20-06; 94-773, eff. | 9 |
| 5-18-06; 94-774, eff. 5-19-06; 94-804, eff. 5-26-06; 94-839, | 10 |
| eff. 6-6-06; revised 6-19-06.)
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| Section 99. Effective date. This Act takes effect July 1, | 12 |
| 2007.
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