Full Text of HB0813 102nd General Assembly
HB0813eng 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Motor Fuel Tax Law is amended by changing | 5 | | Section 8 as follows:
| 6 | | (35 ILCS 505/8) (from Ch. 120, par. 424)
| 7 | | Sec. 8. Except as provided in subsection (a-1) of this | 8 | | Section, Section 8a, subdivision
(h)(1) of Section 12a, | 9 | | Section 13a.6, and items
13, 14, 15, and 16 of Section 15, all | 10 | | money received by the Department under
this Act, including | 11 | | payments made to the Department by
member jurisdictions | 12 | | participating in the International Fuel Tax Agreement,
shall | 13 | | be deposited in a special fund in the State treasury, to be | 14 | | known as the
"Motor Fuel Tax Fund", and shall be used as | 15 | | follows:
| 16 | | (a) 2 1/2 cents per gallon of the tax collected on special | 17 | | fuel under
paragraph (b) of Section 2 and Section 13a of this | 18 | | Act shall be transferred
to the State Construction Account | 19 | | Fund in the State Treasury; the remainder of the tax collected | 20 | | on special fuel under
paragraph (b) of Section 2 and Section | 21 | | 13a of this Act shall be deposited into the Road Fund;
| 22 | | (a-1) Beginning on July 1, 2019, an amount equal to the | 23 | | amount of tax collected under subsection (a) of Section 2 as a |
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| 1 | | result of the increase in the tax rate under Public Act 101-32 | 2 | | this amendatory Act of the 101st General Assembly shall be | 3 | | transferred each month into the Transportation Renewal Fund ; . | 4 | | (b) $420,000 shall be transferred each month to the State | 5 | | Boating Act
Fund to be used by the Department of Natural | 6 | | Resources for the purposes
specified in Article X of the Boat | 7 | | Registration and Safety Act;
| 8 | | (c) $3,500,000 shall be transferred each month to the | 9 | | Grade Crossing
Protection Fund to be used as follows: not less | 10 | | than $12,000,000 each fiscal
year shall be used for the | 11 | | construction or reconstruction of rail highway grade
| 12 | | separation structures; $2,250,000 in fiscal years 2004 through | 13 | | 2009 and $3,000,000 in fiscal year 2010 and each fiscal
year
| 14 | | thereafter shall be transferred to the Transportation
| 15 | | Regulatory Fund and shall be accounted for as part of the rail | 16 | | carrier
portion of such funds and shall be used to pay the cost | 17 | | of administration
of the Illinois Commerce Commission's | 18 | | railroad safety program in connection
with its duties under | 19 | | subsection (3) of Section 18c-7401 of the Illinois
Vehicle | 20 | | Code, with the remainder to be used by the Department of | 21 | | Transportation
upon order of the Illinois Commerce Commission, | 22 | | to pay that part of the
cost apportioned by such Commission to | 23 | | the State to cover the interest
of the public in the use of | 24 | | highways, roads, streets, or
pedestrian walkways in the
county | 25 | | highway system, township and district road system, or | 26 | | municipal
street system as defined in the Illinois Highway |
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| 1 | | Code, as the same may
from time to time be amended, for | 2 | | separation of grades, for installation,
construction or | 3 | | reconstruction of crossing protection or reconstruction,
| 4 | | alteration, relocation including construction or improvement | 5 | | of any
existing highway necessary for access to property or | 6 | | improvement of any
grade crossing and grade crossing surface | 7 | | including the necessary highway approaches thereto of any
| 8 | | railroad across the highway or public road, or for the | 9 | | installation,
construction, reconstruction, or maintenance of | 10 | | safety treatments to deter trespassing or a pedestrian walkway | 11 | | over or
under a railroad right-of-way, as provided for in and | 12 | | in
accordance with Section 18c-7401 of the Illinois Vehicle | 13 | | Code.
The Commission may order up to $2,000,000 per year in | 14 | | Grade Crossing Protection Fund moneys for the improvement of | 15 | | grade crossing surfaces and up to $300,000 per year for the | 16 | | maintenance and renewal of 4-quadrant gate vehicle detection | 17 | | systems located at non-high speed rail grade crossings. The | 18 | | Commission shall not order more than $2,000,000 per year in | 19 | | Grade
Crossing Protection Fund moneys for pedestrian walkways.
| 20 | | In entering orders for projects for which payments from the | 21 | | Grade Crossing
Protection Fund will be made, the Commission | 22 | | shall account for expenditures
authorized by the orders on a | 23 | | cash rather than an accrual basis. For purposes
of this | 24 | | requirement an "accrual basis" assumes that the total cost of | 25 | | the
project is expended in the fiscal year in which the order | 26 | | is entered, while a
"cash basis" allocates the cost of the |
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| 1 | | project among fiscal years as
expenditures are actually made. | 2 | | To meet the requirements of this subsection,
the Illinois | 3 | | Commerce Commission shall develop annual and 5-year project | 4 | | plans
of rail crossing capital improvements that will be paid | 5 | | for with moneys from
the Grade Crossing Protection Fund. The | 6 | | annual project plan shall identify
projects for the succeeding | 7 | | fiscal year and the 5-year project plan shall
identify | 8 | | projects for the 5 directly succeeding fiscal years. The | 9 | | Commission
shall submit the annual and 5-year project plans | 10 | | for this Fund to the Governor,
the President of the Senate, the | 11 | | Senate Minority Leader, the Speaker of the
House of | 12 | | Representatives, and the Minority Leader of the House of
| 13 | | Representatives on
the first Wednesday in April of each year;
| 14 | | (d) of the amount remaining after allocations provided for | 15 | | in
subsections (a), (a-1), (b) , and (c), a sufficient amount | 16 | | shall be reserved to
pay all of the following:
| 17 | | (1) the costs of the Department of Revenue in | 18 | | administering this
Act;
| 19 | | (2) the costs of the Department of Transportation in | 20 | | performing its
duties imposed by the Illinois Highway Code | 21 | | for supervising the use of motor
fuel tax funds | 22 | | apportioned to municipalities, counties and road | 23 | | districts;
| 24 | | (3) refunds provided for in Section 13, refunds for | 25 | | overpayment of decal fees paid under Section 13a.4 of this | 26 | | Act, and refunds provided for under the terms
of the |
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| 1 | | International Fuel Tax Agreement referenced in Section | 2 | | 14a;
| 3 | | (4) from October 1, 1985 until June 30, 1994, the | 4 | | administration of the
Vehicle Emissions Inspection Law, | 5 | | which amount shall be certified monthly by
the | 6 | | Environmental Protection Agency to the State Comptroller | 7 | | and shall promptly
be transferred by the State Comptroller | 8 | | and Treasurer from the Motor Fuel Tax
Fund to the Vehicle | 9 | | Inspection Fund, and for the period July 1, 1994 through
| 10 | | June 30, 2000, one-twelfth of $25,000,000 each month, for | 11 | | the period July 1, 2000 through June 30, 2003,
one-twelfth | 12 | | of
$30,000,000
each month,
and $15,000,000 on July 1, | 13 | | 2003, and $15,000,000 on January 1, 2004, and $15,000,000
| 14 | | on
each
July
1 and October 1, or as soon thereafter as may | 15 | | be practical, during the period July 1, 2004 through June | 16 | | 30, 2012,
and $30,000,000 on June 1, 2013, or as soon | 17 | | thereafter as may be practical, and $15,000,000 on July 1 | 18 | | and October 1, or as soon thereafter as may be practical, | 19 | | during the period of July 1, 2013 through June 30, 2015, | 20 | | for the administration of the Vehicle Emissions Inspection | 21 | | Law of
2005, to be transferred by the State Comptroller | 22 | | and Treasurer from the Motor
Fuel Tax Fund into the | 23 | | Vehicle Inspection Fund;
| 24 | | (4.5) beginning on July 1, 2019, the costs of the | 25 | | Environmental Protection Agency for the administration of | 26 | | the Vehicle Emissions Inspection Law of 2005 shall be |
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| 1 | | paid, subject to appropriation, from the Motor Fuel Tax | 2 | | Fund into the Vehicle Inspection Fund; beginning in 2019, | 3 | | no later than December 31 of each year, or as soon | 4 | | thereafter as practical, the State Comptroller shall | 5 | | direct and the State Treasurer shall transfer from the | 6 | | Vehicle Inspection Fund to the Motor Fuel Tax Fund any | 7 | | balance remaining in the Vehicle Inspection Fund in excess | 8 | | of $2,000,000; | 9 | | (5) amounts ordered paid by the Court of Claims; and
| 10 | | (6) payment of motor fuel use taxes due to member | 11 | | jurisdictions under
the terms of the International Fuel | 12 | | Tax Agreement. The Department shall
certify these amounts | 13 | | to the Comptroller by the 15th day of each month; the
| 14 | | Comptroller shall cause orders to be drawn for such | 15 | | amounts, and the Treasurer
shall administer those amounts | 16 | | on or before the last day of each month;
| 17 | | (e) after allocations for the purposes set forth in | 18 | | subsections
(a), (a-1), (b), (c) , and (d), the remaining | 19 | | amount shall be apportioned as follows:
| 20 | | (1) Until January 1, 2000, 58.4%, and beginning | 21 | | January 1, 2000, 45.6%
shall be deposited as follows:
| 22 | | (A) 37% into the State Construction Account Fund, | 23 | | and
| 24 | | (B) 63% into the Road Fund, $1,250,000 of which | 25 | | shall be reserved each
month for the Department of | 26 | | Transportation to be used in accordance with
the |
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| 1 | | provisions of Sections 6-901 through 6-906 of the | 2 | | Illinois Highway Code;
| 3 | | (2) Until January 1, 2000, 41.6%, and beginning | 4 | | January 1, 2000, 54.4%
shall be transferred to the | 5 | | Department of Transportation to be
distributed as follows:
| 6 | | (A) 49.10% to the municipalities of the State,
| 7 | | (B) 16.74% to the counties of the State having | 8 | | 1,000,000 or more inhabitants,
| 9 | | (C) 18.27% to the counties of the State having | 10 | | less than 1,000,000 inhabitants,
| 11 | | (D) 15.89% to the road districts of the State.
| 12 | | If a township is dissolved under Article 24 of the | 13 | | Township Code, McHenry County shall receive any moneys | 14 | | that would have been distributed to the township under | 15 | | this subparagraph, except that a municipality that assumes | 16 | | the powers and responsibilities of a road district under | 17 | | paragraph (6) of Section 24-35 of the Township Code shall | 18 | | receive any moneys that would have been distributed to the | 19 | | township in a percent equal to the area of the dissolved | 20 | | road district or portion of the dissolved road district | 21 | | over which the municipality assumed the powers and | 22 | | responsibilities compared to the total area of the | 23 | | dissolved township. The moneys received under this | 24 | | subparagraph shall be used in the geographic area of the | 25 | | dissolved township. If a township is reconstituted as | 26 | | provided under Section 24-45 of the Township Code, McHenry |
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| 1 | | County or a municipality shall no longer be distributed | 2 | | moneys under this subparagraph. | 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 be | 19 | | in accordance with any
census taken by such municipality. Any | 20 | | municipal census used in
accordance with this Section shall be | 21 | | certified to the Department of
Transportation by the clerk of | 22 | | such municipality, and the accuracy
thereof shall be subject | 23 | | to approval of the Department which may make
such corrections | 24 | | 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 |
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| 1 | | share of the amount
apportioned to the several counties of the | 2 | | State as herein provided.
Each allotment to the several | 3 | | counties having less than 1,000,000
inhabitants shall be in | 4 | | proportion to the amount of motor vehicle
license fees | 5 | | received from the residents of such counties, respectively,
| 6 | | during the preceding calendar year. The Secretary of State | 7 | | shall, on or
before April 15 of each year, transmit to the | 8 | | Department of
Transportation a full and complete report | 9 | | showing the amount of motor
vehicle license fees received from | 10 | | the residents of each county,
respectively, during the | 11 | | preceding calendar year. The Department of
Transportation | 12 | | shall, each month, use for allotment purposes the last
such | 13 | | report received from the Secretary of State.
| 14 | | As soon as may be after the first day of each month, the | 15 | | Department
of Transportation shall allot to the several | 16 | | counties their share of the
amount apportioned for the use of | 17 | | road districts. The allotment shall
be apportioned among the | 18 | | several counties in the State in the proportion
which the | 19 | | total mileage of township or district roads in the respective
| 20 | | counties bears to the total mileage of all township and | 21 | | district roads
in the State. Funds allotted to the respective | 22 | | counties for the use of
road districts therein shall be | 23 | | allocated to the several road districts
in the county in the | 24 | | proportion which the total mileage of such township
or | 25 | | district roads in the respective road districts bears to the | 26 | | total
mileage of all such township or district roads in the |
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| 1 | | county. After
July 1 of any year prior to 2011, no allocation | 2 | | shall be made for any road district
unless it levied a tax for | 3 | | road and bridge purposes in an amount which
will require the | 4 | | extension of such tax against the taxable property in
any such | 5 | | road district at a rate of not less than either .08% of the | 6 | | value
thereof, based upon the assessment for the year | 7 | | immediately prior to the year
in which such tax was levied and | 8 | | as equalized by the Department of Revenue
or, in DuPage | 9 | | County, an amount equal to or greater than $12,000 per mile of
| 10 | | road under the jurisdiction of the road district, whichever is | 11 | | less. Beginning July 1, 2011 and each July 1 thereafter, an | 12 | | allocation shall be made for any road district
if it levied a | 13 | | tax for road and bridge purposes. In counties other than | 14 | | DuPage County, if the amount of the tax levy requires the | 15 | | extension of the tax against the taxable property in
the road | 16 | | district at a rate that is less than 0.08% of the value
| 17 | | thereof, based upon the assessment for the year immediately | 18 | | prior to the year
in which the tax was levied and as equalized | 19 | | by the Department of Revenue, then the amount of the | 20 | | allocation for that road district shall be a percentage of the | 21 | | maximum allocation equal to the percentage obtained by | 22 | | dividing the rate extended by the district by 0.08%. In DuPage | 23 | | County, if the amount of the tax levy requires the extension of | 24 | | the tax against the taxable property in
the road district at a | 25 | | rate that is less than the lesser of (i) 0.08% of the value
of | 26 | | the taxable property in the road district, based upon the |
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| 1 | | assessment for the year immediately prior to the year
in which | 2 | | such tax was levied and as equalized by the Department of | 3 | | Revenue,
or (ii) a rate that will yield an amount equal to | 4 | | $12,000 per mile of
road under the jurisdiction of the road | 5 | | district, then the amount of the allocation for the road | 6 | | district shall be a percentage of the maximum allocation equal | 7 | | to the percentage obtained by dividing the rate extended by | 8 | | the district by the lesser of (i) 0.08% or (ii) the rate that | 9 | | will yield an amount equal to $12,000 per mile of
road under | 10 | | the jurisdiction of the road district. | 11 | | Prior to 2011, if any
road district has levied a special | 12 | | tax for road purposes
pursuant to Sections 6-601, 6-602 , and | 13 | | 6-603 of the Illinois Highway Code, and
such tax was levied in | 14 | | an amount which would require extension at a
rate of not less | 15 | | than .08% of the value of the taxable property thereof,
as | 16 | | equalized or assessed by the Department of Revenue,
or, in | 17 | | DuPage County, an amount equal to or greater than $12,000 per | 18 | | mile of
road under the jurisdiction of the road district, | 19 | | whichever is less,
such levy shall, however, be deemed a | 20 | | proper compliance with this
Section and shall qualify such | 21 | | road district for an allotment under this
Section. Beginning | 22 | | in 2011 and thereafter, if any
road district has levied a | 23 | | special tax for road purposes
under Sections 6-601, 6-602, and | 24 | | 6-603 of the Illinois Highway Code, and
the tax was levied in | 25 | | an amount that would require extension at a
rate of not less | 26 | | than 0.08% of the value of the taxable property of that road |
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| 1 | | district,
as equalized or assessed by the Department of | 2 | | Revenue or, in DuPage County, an amount equal to or greater | 3 | | than $12,000 per mile of road under the jurisdiction of the | 4 | | road district, whichever is less, that levy shall be deemed a | 5 | | proper compliance with this
Section and shall qualify such | 6 | | road district for a full, rather than proportionate, allotment | 7 | | under this
Section. If the levy for the special tax is less | 8 | | than 0.08% of the value of the taxable property, or, in DuPage | 9 | | County if the levy for the special tax is less than the lesser | 10 | | of (i) 0.08% or (ii) $12,000 per mile of road under the | 11 | | jurisdiction of the road district, and if the levy for the | 12 | | special tax is more than any other levy for road and bridge | 13 | | purposes, then the levy for the special tax qualifies the road | 14 | | district for a proportionate, rather than full, allotment | 15 | | under this Section. If the levy for the special tax is equal to | 16 | | or less than any other levy for road and bridge purposes, then | 17 | | any allotment under this Section shall be determined by the | 18 | | other levy for road and bridge purposes. | 19 | | Prior to 2011, if a township has transferred to the road | 20 | | and bridge fund
money which, when added to the amount of any | 21 | | tax levy of the road
district would be the equivalent of a tax | 22 | | levy requiring extension at a
rate of at least .08%, or, in | 23 | | DuPage County, an amount equal to or greater
than $12,000 per | 24 | | mile of road under the jurisdiction of the road district,
| 25 | | whichever is less, such transfer, together with any such tax | 26 | | levy,
shall be deemed a proper compliance with this Section |
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| 1 | | and shall qualify
the road district for an allotment under | 2 | | this Section.
| 3 | | In counties in which a property tax extension limitation | 4 | | is imposed
under the Property Tax Extension Limitation Law, | 5 | | road districts may retain
their entitlement to a motor fuel | 6 | | tax allotment or, beginning in 2011, their entitlement to a | 7 | | full allotment if, at the time the property
tax
extension | 8 | | limitation was imposed, the road district was levying a road | 9 | | and
bridge tax at a rate sufficient to entitle it to a motor | 10 | | fuel tax allotment
and continues to levy the maximum allowable | 11 | | amount after the imposition of the
property tax extension | 12 | | limitation. Any road district may in all circumstances
retain | 13 | | its entitlement to a motor fuel tax allotment or, beginning in | 14 | | 2011, its entitlement to a full allotment if it levied a road | 15 | | and
bridge tax in an amount that will require the extension of | 16 | | the tax against the
taxable property in the road district at a | 17 | | rate of not less than 0.08% of the
assessed value of the | 18 | | property, based upon the assessment for the year
immediately | 19 | | preceding the year in which the tax was levied and as equalized | 20 | | by
the Department of Revenue or, in DuPage County, an amount | 21 | | equal to or greater
than $12,000 per mile of road under the | 22 | | jurisdiction of the road district,
whichever is less.
| 23 | | As used in this Section , the term "road district" means | 24 | | any road
district, including a county unit road district, | 25 | | provided for by the
Illinois Highway Code; and the term | 26 | | "township or district road"
means any road in the township and |
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| 1 | | district road system as defined in the
Illinois Highway Code. | 2 | | For the purposes of this Section, "township or
district road" | 3 | | also includes such roads as are maintained by park
districts, | 4 | | forest preserve districts and conservation districts. The
| 5 | | Department of Transportation shall determine the mileage of | 6 | | all township
and district roads for the purposes of making | 7 | | allotments and allocations of
motor fuel tax funds for use in | 8 | | road districts.
| 9 | | Payment of motor fuel tax moneys to municipalities and | 10 | | counties shall
be made as soon as possible after the allotment | 11 | | is made. The treasurer
of the municipality or county may | 12 | | invest these funds until their use is
required and the | 13 | | interest earned by these investments shall be limited
to the | 14 | | same uses as the principal funds.
| 15 | | (Source: P.A. 101-32, eff. 6-28-19; 101-230, eff. 8-9-19; | 16 | | 101-493, eff. 8-23-19; revised 9-24-19.)
| 17 | | Section 10. The Illinois Vehicle Code is amended by | 18 | | changing Section 18c-7401 as follows: | 19 | | (625 ILCS 5/18c-7401) (from Ch. 95 1/2, par. 18c-7401)
| 20 | | Sec. 18c-7401. Safety Requirements for Track, Facilities, | 21 | | and
Equipment.
| 22 | | (1) General Requirements. Each rail carrier shall, | 23 | | consistent with rules,
orders, and regulations of the Federal | 24 | | Railroad Administration, construct,
maintain, and operate all |
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| 1 | | of its equipment, track, and other property in this
State in | 2 | | such a manner as to pose no undue risk to its employees or the | 3 | | person
or property of any member of the public.
| 4 | | (2) Adoption of Federal Standards. The track safety | 5 | | standards and
accident/incident standards promulgated by the | 6 | | Federal Railroad Administration
shall be safety standards of | 7 | | the Commission. The Commission may, in addition,
adopt by | 8 | | reference in its regulations other federal railroad safety | 9 | | standards,
whether contained in federal statutes or in | 10 | | regulations adopted pursuant to
such statutes.
| 11 | | (3) Railroad Crossings. No public road, highway, or street | 12 | | shall hereafter
be constructed across the track of any rail | 13 | | carrier at grade, nor shall the
track of any rail carrier be | 14 | | constructed across a public road, highway or
street at grade, | 15 | | without having first secured the permission of the Commission;
| 16 | | provided, that this Section shall not apply to the replacement | 17 | | of lawfully
existing roads, highways, and tracks.
No public | 18 | | pedestrian bridge or subway shall be constructed across the | 19 | | track
of any rail carrier without having first secured the | 20 | | permission of the
Commission.
The Commission shall have the | 21 | | right to
refuse its permission or to grant it upon such terms | 22 | | and conditions as it may
prescribe.
The Commission shall have | 23 | | power to determine and prescribe the
manner, including the | 24 | | particular point of crossing, and the terms of
installation, | 25 | | operation, maintenance, use, and protection of each such | 26 | | crossing.
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| 1 | | The Commission shall also have power, after a hearing, to
| 2 | | require major alteration of or to abolish any crossing,
| 3 | | heretofore or hereafter established, when in its opinion, the
| 4 | | public safety requires such alteration or abolition, and,
| 5 | | except in cities, villages, and incorporated towns of
| 6 | | 1,000,000 or more inhabitants, to vacate and close that part
| 7 | | of the highway on such crossing altered or abolished and
cause | 8 | | barricades to be erected across such highway in such
manner as | 9 | | to prevent the use of such crossing as a highway,
when, in the | 10 | | opinion of the Commission, the public
convenience served by | 11 | | the crossing in question is not such as
to justify the further | 12 | | retention thereof; or to require a
separation of grades, at | 13 | | railroad-highway grade crossings; or to
require a
separation | 14 | | of grades at any proposed crossing where a
proposed public | 15 | | highway may cross the tracks of any rail
carrier or carriers; | 16 | | and to prescribe, after a hearing of the parties,
the terms | 17 | | upon which such separations shall be made and the
proportion | 18 | | in which the expense of the alteration or
abolition of such | 19 | | crossings or the separation of such grades, having regard
to | 20 | | the benefits, if any, accruing to the rail carrier or any party | 21 | | in
interest,
shall be divided between the rail carrier or | 22 | | carriers affected, or
between such carrier or carriers and the | 23 | | State, county, municipality
or other public authority in | 24 | | interest.
However, a public hearing by the Commission to | 25 | | abolish a crossing shall not
be required
when the public | 26 | | highway authority in interest vacates the highway. In such
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| 1 | | instance
the rail carrier, following notification to the | 2 | | Commission and the highway
authority, shall remove any grade | 3 | | crossing warning devices and the grade
crossing surface.
| 4 | | The Commission shall also have power by its order to | 5 | | require
the reconstruction, minor alteration, minor | 6 | | relocation, or
improvement of any crossing (including the | 7 | | necessary highway
approaches thereto) of any railroad across | 8 | | any highway or
public road, pedestrian bridge, or pedestrian | 9 | | subway, whether such crossing
be at grade
or by overhead
| 10 | | structure or by subway, whenever the Commission finds after a
| 11 | | hearing or without a hearing as otherwise provided in this
| 12 | | paragraph that such reconstruction, alteration, relocation, or
| 13 | | improvement is necessary to preserve or promote the safety or
| 14 | | convenience of the public or of the employees or passengers
of | 15 | | such rail carrier or carriers. By its original order or
| 16 | | supplemental orders in such case, the Commission may direct | 17 | | such
reconstruction, alteration, relocation, or improvement to | 18 | | be
made in such manner and upon such terms and conditions as | 19 | | may
be reasonable and necessary
and may apportion the cost of
| 20 | | such reconstruction, alteration, relocation, or improvement
| 21 | | and the subsequent maintenance thereof, having regard to the | 22 | | benefits, if
any, accruing
to the railroad or any party in | 23 | | interest,
between the rail
carrier or carriers and public | 24 | | utilities affected, or between such
carrier or carriers and | 25 | | public utilities and the State, county,
municipality or other | 26 | | public authority in interest. The cost
to be so apportioned |
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| 1 | | shall include the cost of changes or
alterations in the | 2 | | equipment of public utilities affected as
well as the cost of | 3 | | the relocation, diversion or
establishment of any public | 4 | | highway, made necessary by such
reconstruction, alteration, | 5 | | relocation, or improvement of said
crossing. A hearing shall | 6 | | not be required in those instances
when the Commission enters | 7 | | an order confirming a written
stipulation in which the | 8 | | Commission, the public highway
authority or other public | 9 | | authority in interest, the rail carrier or
carriers
affected, | 10 | | and in
instances involving the use of the Grade Crossing | 11 | | Protection
Fund, the Illinois Department of Transportation, | 12 | | agree on the
reconstruction, alteration, relocation, or | 13 | | improvement and
the subsequent maintenance thereof and the | 14 | | division of costs
of such changes of any grade crossing | 15 | | (including the
necessary highway approaches thereto) of any | 16 | | railroad across
any highway, pedestrian bridge, or pedestrian | 17 | | subway.
| 18 | | The Commission shall also have power to enter into | 19 | | stipulated agreements with a rail carrier or rail carriers or | 20 | | public authorities to fund, provide, install, and maintain | 21 | | safety treatments to deter trespassing on railroad property in | 22 | | accordance with paragraph (1) of Section 18c-7503 at locations | 23 | | approved by such rail carrier or rail carriers following a | 24 | | diagnostic evaluation between the Commission and the rail | 25 | | carrier or rail carriers, including any public authority in | 26 | | interest or the Federal Railroad Administration, and to order |
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| 1 | | the allocation of the cost of those treatments and their | 2 | | installation and maintenance from the Grade Crossing | 3 | | Protection Fund. Safety treatments approved under this | 4 | | paragraph by the Commission shall be deemed adequate and | 5 | | appropriate. | 6 | | Every rail carrier operating in the State of Illinois | 7 | | shall
construct and maintain every highway crossing over its | 8 | | tracks
within the State so that the roadway at the | 9 | | intersection
shall be as flush with the rails as superelevated | 10 | | curves will
allow, and, unless otherwise ordered by the | 11 | | Commission, shall
construct and maintain the approaches | 12 | | thereto at a grade of
not more than 5% within the right of way | 13 | | for a distance of
not less the 6 feet on each side of the | 14 | | centerline of such
tracks; provided, that the grades at the | 15 | | approaches may be
maintained in excess of 5% only when | 16 | | authorized by the
Commission.
| 17 | | Every rail carrier operating within this State shall | 18 | | remove
from its right of way at all railroad-highway grade | 19 | | crossings within the
State, such brush, shrubbery, and trees | 20 | | as is reasonably
practical for a distance of not less than 500 | 21 | | feet in either
direction from each grade crossing.
The | 22 | | Commission shall have power, upon its own motion, or upon
| 23 | | complaint, and after having made proper investigation, to
| 24 | | require the installation of adequate and appropriate luminous
| 25 | | reflective warning signs, luminous flashing
signals, crossing
| 26 | | gates illuminated at night, or other protective devices
in
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| 1 | | order to promote and safeguard the health and safety of the
| 2 | | public.
Luminous flashing signal or crossing gate
devices | 3 | | installed at grade crossings, which have been approved
by the | 4 | | Commission, shall be deemed adequate and appropriate.
The | 5 | | Commission shall have authority to determine the number,
type, | 6 | | and location of such signs, signals, gates, or other
| 7 | | protective devices which, however, shall conform as near as
| 8 | | may be with generally recognized national standards, and the
| 9 | | Commission shall have authority to prescribe the division of
| 10 | | the cost of the installation and subsequent maintenance of
| 11 | | such signs, signals, gates, or other protective
devices | 12 | | between the rail carrier or carriers, the public highway
| 13 | | authority or other public authority in
interest, and in | 14 | | instances involving the use of the Grade
Crossing Protection | 15 | | Fund, the Illinois Department of
Transportation.
Except where | 16 | | train crews provide flagging of the crossing to road users, | 17 | | yield signs shall be installed at all highway intersections | 18 | | with every grade crossing in this State that is not equipped | 19 | | with automatic warning devices, such as luminous flashing | 20 | | signals or crossing gate devices. A stop sign may be used in | 21 | | lieu of the yield sign when an engineering study conducted in | 22 | | cooperation with the highway authority and the Illinois | 23 | | Department of Transportation has determined that a stop sign | 24 | | is warranted. If the Commission has ordered the installation | 25 | | of luminous flashing signal or
crossing gate devices at a | 26 | | grade crossing not equipped with active warning devices, the |
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| 1 | | Commission shall order the
installation of temporary stop | 2 | | signs at the highway intersection with the grade
crossing | 3 | | unless an engineering study has determined that a stop sign is | 4 | | not appropriate. If a stop sign is not appropriate, the | 5 | | Commission may order the installation of other appropriate | 6 | | supplemental signing as determined by an engineering study. | 7 | | The temporary signs shall remain in place until the luminous
| 8 | | flashing signal or crossing gate devices have been installed.
| 9 | | The rail carrier is responsible for the installation and | 10 | | subsequent
maintenance of any required signs.
The permanent | 11 | | signs shall be in place by July 1, 2011.
| 12 | | No railroad may change or modify the warning device system | 13 | | at a
railroad-highway grade crossing, including warning | 14 | | systems interconnected with
highway traffic control signals, | 15 | | without having first received the approval of
the Commission. | 16 | | The Commission shall have the further power, upon application,
| 17 | | upon its own motion, or upon
complaint and after having made | 18 | | proper investigation, to require
the interconnection of grade | 19 | | crossing warning devices with traffic control
signals at | 20 | | highway intersections located at or near railroad crossings | 21 | | within
the distances described by the State Manual on Uniform | 22 | | Traffic Control Devices
adopted pursuant to Section 11-301 of | 23 | | this Code. In addition, State and local
authorities may not | 24 | | install, remove, modernize, or otherwise modify traffic
| 25 | | control signals at a highway intersection that is | 26 | | interconnected or proposed to
be interconnected with grade |
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| 1 | | crossing warning devices when the change affects
the number, | 2 | | type, or location of traffic control devices on the track | 3 | | approach
leg or legs of the intersection or the timing of the | 4 | | railroad preemption
sequence of operation until the Commission | 5 | | has approved the installation,
removal, modernization, or | 6 | | modification.
Commission approval shall be limited to | 7 | | consideration of
issues directly affecting the public safety | 8 | | at the railroad-highway grade
crossing. The electrical circuit | 9 | | devices, alternate warning devices, and
preemption sequences | 10 | | shall conform as nearly as possible, considering the
| 11 | | particular characteristics of the crossing and
intersection | 12 | | area, to the State manual adopted by the Illinois Department | 13 | | of
Transportation pursuant to Section 11-301 of this Code and | 14 | | such federal
standards as are made applicable by subsection | 15 | | (2) of this Section. In order
to carry out this authority, the | 16 | | Commission shall have the authority to
determine the number, | 17 | | type, and location of traffic control devices on the
track | 18 | | approach leg or legs of the intersection and the timing of the | 19 | | railroad
preemption sequence of operation.
The Commission | 20 | | shall prescribe the division of costs for installation and
| 21 | | maintenance of all devices required by this paragraph between | 22 | | the railroad or
railroads and the highway authority in | 23 | | interest and in instances involving the
use of the Grade | 24 | | Crossing Protection Fund or a State highway, the Illinois
| 25 | | Department of Transportation.
| 26 | | Any person who unlawfully or maliciously removes, throws
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| 1 | | down, damages or defaces any sign, signal, gate, or other
| 2 | | protective device, located at or near any public grade
| 3 | | crossing, shall be guilty of a petty offense and fined not
less | 4 | | than $50 nor more than $200 for each offense. In
addition to | 5 | | fines levied under the provisions of this
Section a person | 6 | | adjudged guilty hereunder may also be
directed to make | 7 | | restitution for the costs of repair or
replacement, or both, | 8 | | necessitated by his misconduct.
| 9 | | It is the public policy of the State of Illinois to enhance | 10 | | public safety
by establishing safe grade crossings. In order | 11 | | to implement this policy, the
Illinois Commerce Commission is | 12 | | directed to conduct public hearings and to
adopt specific | 13 | | criteria by July 1, 1994, that shall be adhered to by the
| 14 | | Illinois Commerce Commission in determining if a grade | 15 | | crossing should be
opened or abolished. The following factors | 16 | | shall be considered by the
Illinois Commerce Commission in | 17 | | developing the specific criteria for opening
and abolishing | 18 | | grade crossings:
| 19 | | (a) timetable speed of passenger trains;
| 20 | | (b) distance to an alternate crossing;
| 21 | | (c) accident history for the last 5 years;
| 22 | | (d) number of vehicular traffic and posted speed | 23 | | limits;
| 24 | | (e) number of freight trains and their timetable | 25 | | speeds;
| 26 | | (f) the type of warning device present at the grade |
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| 1 | | crossing;
| 2 | | (g) alignments of the roadway and railroad, and the | 3 | | angle of intersection
of those alignments;
| 4 | | (h) use of the grade crossing by trucks carrying | 5 | | hazardous materials,
vehicles carrying passengers for | 6 | | hire, and school buses; and
| 7 | | (i) use of the grade crossing by emergency vehicles.
| 8 | | The Illinois Commerce Commission, upon petition to open or | 9 | | abolish a grade
crossing, shall enter an order opening or | 10 | | abolishing the crossing if it meets
the specific criteria | 11 | | adopted by the Commission.
| 12 | | Except as otherwise provided in this subsection (3), in no | 13 | | instance shall
a grade crossing be permanently closed
without | 14 | | public hearing first being held and notice of such
hearing | 15 | | being published in an area newspaper of local general
| 16 | | circulation.
| 17 | | (4) Freight Trains; Radio Communications.
The Commission | 18 | | shall after hearing and order require that
every main line | 19 | | railroad freight train operating on main
tracks outside of | 20 | | yard limits within this State shall be
equipped with a radio | 21 | | communication system. The Commission
after notice and hearing | 22 | | may grant exemptions from the
requirements of this Section as | 23 | | to secondary and branch
lines.
| 24 | | (5) Railroad Bridges and Trestles; Walkway and Handrail.
| 25 | | In cases in which the Commission finds the same to be
practical | 26 | | and necessary for safety of railroad employees,
bridges and |
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| 1 | | trestles, over and upon which railroad trains are
operated, | 2 | | shall include as a part thereof, a safe and
suitable walkway | 3 | | and handrail on one side only of such bridge
or trestle, and | 4 | | such handrail shall be located at the outer
edge of the walkway | 5 | | and shall provide a clearance of not less
than 8 feet, 6 | 6 | | inches, from the center line of the nearest
track, measured at | 7 | | right angles thereto.
| 8 | | (6) Packages Containing Articles for First Aid to Injured | 9 | | on Trains.
| 10 | | (a) All rail carriers shall provide a first aid kit | 11 | | that contains, at a minimum, those
articles prescribed by | 12 | | the Commission, on each train or
engine, for first aid to | 13 | | persons who may be injured in the
course of the operation | 14 | | of such trains.
| 15 | | (b) A vehicle, excluding a taxi cab used in an | 16 | | emergency situation, operated by a contract carrier | 17 | | transporting railroad employees in the course of their | 18 | | employment shall be equipped with a readily available | 19 | | first aid kit that contains, as a minimum, the same | 20 | | articles that are required on each train or engine. | 21 | | (7) Abandoned Bridges, Crossings, and Other Rail Plant.
| 22 | | The Commission shall have authority, after notice and hearing, | 23 | | to order:
| 24 | | (a) the removal of any abandoned railroad tracks from | 25 | | roads,
streets or other thoroughfares in this State; and
| 26 | | (b) the removal of abandoned overhead railroad |
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| 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, road | 5 | | 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 shall | 8 | | be provided for all new or reconstructed highway
bridges | 9 | | constructed over a railroad track. The Commission may permit a | 10 | | lesser
clearance if it determines
that the 23-foot clearance | 11 | | standard cannot be justified based on
engineering, | 12 | | operational, and economic conditions.
| 13 | | (9) Right of Access To Railroad Property. | 14 | | (a) A community antenna television company franchised | 15 | | by a municipality or county pursuant to the Illinois | 16 | | Municipal
Code or the Counties Code, respectively, shall | 17 | | not enter upon any real estate or
rights-of-way in the | 18 | | possession or control of a railroad
subject to the | 19 | | jurisdiction of the Illinois Commerce
Commission unless | 20 | | the community antenna television
company first complies | 21 | | with the applicable provisions of
subparagraph (f) of | 22 | | Section 11-42-11.1 of the Illinois
Municipal Code or | 23 | | subparagraph (f) of Section 5-1096 of the Counties Code. | 24 | | (b) Notwithstanding any provision of law to the | 25 | | contrary, this subsection (9) applies to all entries of | 26 | | railroad rights-of-way involving a railroad subject to the |
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| 1 | | jurisdiction of the Illinois Commerce Commission by a | 2 | | community antenna television company and shall govern in | 3 | | the event of any conflict with any other provision of law. | 4 | | (c) This subsection (9) applies to any entry upon any | 5 | | real estate or right-of-way in the possession or control | 6 | | of a railroad subject to the jurisdiction of the Illinois | 7 | | Commerce Commission for the purpose of or in connection | 8 | | with the construction, or installation of a community | 9 | | antenna television company's system or facilities | 10 | | commenced or renewed on or after August 22, 2017 (the | 11 | | effective date of Public Act 100-251). | 12 | | (d) Nothing in Public Act 100-251 shall be construed | 13 | | to prevent a railroad from negotiating other terms and | 14 | | conditions or the resolution of any dispute in relation to | 15 | | an entry upon or right of access as set forth in this | 16 | | subsection (9). | 17 | | (e) For purposes of this subsection (9): | 18 | | "Broadband service", "cable operator", and "holder" | 19 | | have the meanings given to those terms under Section | 20 | | 21-201 of the Public Utilities Act. | 21 | | "Community antenna television company" includes, in | 22 | | the case of real estate or rights-of-way in possession of | 23 | | or in control of a railroad, a holder, cable operator, or | 24 | | broadband service provider. | 25 | | (f) Beginning on August 22, 2017 (the effective date | 26 | | of Public Act 100-251), the Transportation Division of the |
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| 1 | | Illinois Commerce Commission shall include in its annual | 2 | | Crossing Safety Improvement Program report a brief | 3 | | description of the number of cases decided by the Illinois | 4 | | Commerce Commission and the number of cases that remain | 5 | | pending before the Illinois Commerce Commission under this | 6 | | subsection (9) for the period covered by the report. | 7 | | (Source: P.A. 100-251, eff. 8-22-17; 101-81, eff. 7-12-19.)
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