95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB5678


 
Introduced , by Rep. Brent Hassert
 
SYNOPSIS AS INTRODUCED:
 		













70 ILCS 2205/19.5 new






70 ILCS 2305/16.5 new






70 ILCS 2405/13.5 new






70 ILCS 2605/37 new






70 ILCS 2805/24a new






70 ILCS 2905/2-11 new






70 ILCS 3020/25 new










    Amends the Sanitary District Act of 1907, the North Shore Sanitary District Act, the Sanitary District Act of 1917, the Metropolitan Water Reclamation District Act, the Sanitary District Act of 1936, the Metro-East Sanitary District Act of 1974, and the Eastern Will Sanitary District Act. Unless otherwise agreed by the parties, requires a sanitary district that locates its facilities within the railroad right-of-way for a crossing, other than a crossing along the public roads of this State pursuant to the Telephone Line Right of Way Act, to pay the railroad a one-time standard crossing fee of $750 for each crossing. Provides that the standard crossing fee is in lieu of any license or any other fees or charges to reimburse the railroad for its direct expenses incurred as a result of the crossing. Requires the district to also reimburse the railroad for any actual flagging expenses associated with the crossing in addition to the standard crossing fee. Effective immediately.
















LRB095 17327 HLH 43396 b

















FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB5678

LRB095 17327 HLH 43396 b






1
    AN ACT concerning local government.

 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:


 
4
    Section 5. The Sanitary District Act of 1907 is amended  by 
5
adding Section 19.5 as follows:
 
6
    (70 ILCS 2205/19.5  new)
7
    Sec. 19.5. Standard crossing fee. Unless otherwise agreed 
8
by the parties, a
sanitary district that locates its facilities 
9
within the railroad right-of-way for a
crossing, other than a

10
crossing along the public roads of the State pursuant to the 
11
Telephone Line
Right of Way
Act, shall pay the railroad a 
12
one-time standard crossing fee of $750 for each
crossing.
The 
13
standard crossing fee is in lieu of any license or any other 
14
fees or
charges to
reimburse the railroad for the direct 
15
expenses incurred by the railroad as a
result of the
crossing. 
16
The district shall also reimburse the railroad for any actual

17
flagging
expenses associated with a crossing in addition to the 
18
standard crossing fee.
 
19
    Section 10. The North Shore Sanitary District Act is 
20
amended  by adding Section 16.5 as follows:
 
21
    (70 ILCS 2305/16.5  new)
 


 






HB5678
- 2 -
LRB095 17327 HLH 43396 b




1
    Sec. 16.5. Standard crossing fee. Unless otherwise agreed 
2
by the parties, a
sanitary district that locates its facilities 
3
within the railroad right-of-way for a
crossing, other than a

4
crossing along the public roads of the State pursuant to the 
5
Telephone Line
Right of Way
Act, shall pay the railroad a 
6
one-time standard crossing fee of $750 for each
crossing.
The 
7
standard crossing fee is in lieu of any license or any other 
8
fees or
charges to
reimburse the railroad for the direct 
9
expenses incurred by the railroad as a
result of the
crossing. 
10
The district shall also reimburse the railroad for any actual

11
flagging
expenses associated with a crossing in addition to the 
12
standard crossing fee.
 
13
    Section 15. The Sanitary District Act of 1917 is amended  by 
14
adding Section 13.5 as follows:
 
15
    (70 ILCS 2405/13.5  new)
16
    Sec. 13.5. Standard crossing fee. Unless otherwise agreed 
17
by the parties, a
sanitary district that locates its facilities 
18
within the railroad right-of-way for a
crossing, other than a

19
crossing along the public roads of the State pursuant to the 
20
Telephone Line
Right of Way
Act, shall pay the railroad a 
21
one-time standard crossing fee of $750 for each
crossing.
The 
22
standard crossing fee is in lieu of any license or any other 
23
fees or
charges to
reimburse the railroad for the direct 
24
expenses incurred by the railroad as a
result of the
crossing. 
 


 






HB5678
- 3 -
LRB095 17327 HLH 43396 b




1
The district shall also reimburse the railroad for any actual

2
flagging
expenses associated with a crossing in addition to the 
3
standard crossing fee.
 
4
    Section 20. The Metropolitan Water Reclamation District 
5
Act is amended  by adding Section 37 as follows:
 
6
    (70 ILCS 2605/37  new)
7
    Sec. 37. Standard crossing fee. Unless otherwise agreed by 
8
the parties, a
sanitary district that locates its facilities 
9
within the railroad right-of-way for a
crossing, other than a

10
crossing along the public roads of the State pursuant to the 
11
Telephone Line
Right of Way
Act, shall pay the railroad a 
12
one-time standard crossing fee of $750 for each
crossing.
The 
13
standard crossing fee is in lieu of any license or any other 
14
fees or
charges to
reimburse the railroad for the direct 
15
expenses incurred by the railroad as a
result of the
crossing. 
16
The district shall also reimburse the railroad for any actual

17
flagging
expenses associated with a crossing in addition to the 
18
standard crossing fee.
 
19
    Section 25. The Sanitary District Act of 1936 is amended  by 
20
adding Section 24a as follows:
 
21
    (70 ILCS 2805/24a  new)
22
    Sec. 24a. Standard crossing fee. Unless otherwise agreed by 
 


 






HB5678
- 4 -
LRB095 17327 HLH 43396 b




1
the parties, a
sanitary district that locates its facilities 
2
within the railroad right-of-way for a
crossing, other than a

3
crossing along the public roads of the State pursuant to the 
4
Telephone Line
Right of Way
Act, shall pay the railroad a 
5
one-time standard crossing fee of $750 for each
crossing.
The 
6
standard crossing fee is in lieu of any license or any other 
7
fees or
charges to
reimburse the railroad for the direct 
8
expenses incurred by the railroad as a
result of the
crossing. 
9
The district shall also reimburse the railroad for any actual

10
flagging
expenses associated with a crossing in addition to the 
11
standard crossing fee.
 
12
    Section 30. The Metro-East Sanitary District Act of 1974 is 
13
amended  by adding Section 2-11 as follows:
 
14
    (70 ILCS 2905/2-11  new)
15
    Sec. 2-11. Standard crossing fee. Unless otherwise agreed 
16
by the parties, a
sanitary district that locates its facilities 
17
within the railroad right-of-way for a
crossing, other than a

18
crossing along the public roads of the State pursuant to the 
19
Telephone Line
Right of Way
Act, shall pay the railroad a 
20
one-time standard crossing fee of $750 for each
crossing.
The 
21
standard crossing fee is in lieu of any license or any other 
22
fees or
charges to
reimburse the railroad for the direct 
23
expenses incurred by the railroad as a
result of the
crossing. 
24
The district shall also reimburse the railroad for any actual

 


 






HB5678
- 5 -
LRB095 17327 HLH 43396 b




1
flagging
expenses associated with a crossing in addition to the 
2
standard crossing fee.
 
3
    Section 35. The Eastern Will Sanitary District Act is 
4
amended  by adding Section 25 as follows:
 
5
    (70 ILCS 3020/25  new)
6
    Sec. 25. Standard crossing fee. Unless otherwise agreed by 
7
the parties, a
sanitary district that locates its facilities 
8
within the railroad right-of-way for a
crossing, other than a

9
crossing along the public roads of the State pursuant to the 
10
Telephone Line
Right of Way
Act, shall pay the railroad a 
11
one-time standard crossing fee of $750 for each
crossing.
The 
12
standard crossing fee is in lieu of any license or any other 
13
fees or
charges to
reimburse the railroad for the direct 
14
expenses incurred by the railroad as a
result of the
crossing. 
15
The district shall also reimburse the railroad for any actual

16
flagging
expenses associated with a crossing in addition to the 
17
standard crossing fee.
 

18
    Section 99. Effective date. This Act takes effect upon 
19
becoming law.