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90_SB1875enr
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Amends the Motor Fuel Tax Law and the Illinois Vehicle
Code. Amends the Motor Fuel Tax Law to provide that a
certain amount of money is to be used by the Department of
Transportation to pay the costs of maintenance, repair,
reconstruction, or replacement of the grade crossing surface
structure. Amends the Illinois Vehicle Code. Provides that
a public hearing to abolish a crossing shall not be required
when the public highway authority in interest vacates the
highway. Provides that in such instance, the rail carrier,
following notification to the Illinois Commerce Commission
and the highway authority, shall remove any grade crossing
warning devices and the grade crossing surface. Requires a
vertical clearance of not less than 23 feet to be provided
for highway bridges constructed over a railroad track.
Provides that a person who causes or attempts to cause the
derailment of an engine, cars, or a track vehicle is guilty
of a Class 4 felony. Makes other changes.
LRB9007774NTsbB
SB1875 Enrolled LRB9007774NTsbB
1 AN ACT concerning transportation, amending named Acts.
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 Section 8a, all money
8 received by the Department under this Act, including payments
9 made to the Department by member jurisdictions participating
10 in the International Fuel Tax Agreement, shall be deposited
11 in a special fund in the State treasury, to be known as the
12 "Motor Fuel Tax Fund", and shall be used as follows:
13 (a) 2 1/2 cents per gallon of the tax collected on
14 special fuel under paragraph (b) of Section 2 and Section 13a
15 of this Act shall be transferred to the State Construction
16 Account Fund in the State Treasury;
17 (b) $420,000 shall be transferred each month to the
18 State Boating Act Fund to be used by the Department of
19 Natural Resources for the purposes specified in Article X of
20 the Boat Registration and Safety Act;
21 (c) $1,500,000 shall be transferred each month to the
22 Grade Crossing Protection Fund to be used as follows: not
23 less than $6,000,000 each fiscal year shall be used for the
24 construction or reconstruction of rail highway grade
25 separation structures; beginning with fiscal year 1997 and
26 ending in fiscal year 1999, $1,500,000, and $750,000 in
27 fiscal year 2000 and each fiscal year thereafter shall be
28 transferred to the Transportation Regulatory Fund and shall
29 be accounted for as part of the rail carrier portion of such
30 funds and shall be used to pay the cost of administration of
31 the Illinois Commerce Commission's railroad safety program in
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1 connection with its duties under subsection (3) of Section
2 18c-7401 of the Illinois Vehicle Code, with the remainder to
3 be used by the Department of Transportation upon order of the
4 Illinois Commerce Commission, to pay that part of the cost
5 apportioned by such Commission to the State to cover the
6 interest of the State-wide public in the use of highways,
7 roads or streets in the county highway system, township and
8 district road system or municipal street system as defined in
9 the Illinois Highway Code, as the same may from time to time
10 be amended, for separation of grades, for installation,
11 construction or reconstruction of crossing protection or
12 reconstruction, alteration, relocation including construction
13 or improvement of any existing highway necessary for access
14 to property or improvement of any grade crossing including
15 the necessary highway approaches thereto of any railroad
16 across the highway or public road, as provided for in and in
17 accordance with Section 18c-7401 of the Illinois Vehicle
18 Code. In entering orders for projects for which payments
19 from the Grade Crossing Protection Fund will be made, the
20 Commission shall account for expenditures authorized by the
21 orders on a cash rather than an accrual basis. For purposes
22 of this requirement an "accrual basis" assumes that the total
23 cost of the project is expended in the fiscal year in which
24 the order is entered, while a "cash basis" allocates the cost
25 of the project among fiscal years as expenditures are
26 actually made;
27 (d) of the amount remaining after allocations provided
28 for in subsections (a), (b) and (c), a sufficient amount
29 shall be reserved to pay all of the following:
30 (1) the costs of the Department of Revenue in
31 administering this Act;
32 (2) the costs of the Department of Transportation
33 in performing its duties imposed by the Illinois Highway
34 Code for supervising the use of motor fuel tax funds
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1 apportioned to municipalities, counties and road
2 districts;
3 (3) refunds provided for in Section 13 of this Act
4 and under the terms of the International Fuel Tax
5 Agreement referenced in Section 14a;
6 (4) from October 1, 1985 until June 30, 1994, the
7 administration of the Vehicle Emissions Inspection Law,
8 which amount shall be certified monthly by the
9 Environmental Protection Agency to the State Comptroller
10 and shall promptly be transferred by the State
11 Comptroller and Treasurer from the Motor Fuel Tax Fund to
12 the Vehicle Inspection Fund, and beginning July 1, 1994,
13 and until December 31, 2000, one-twelfth of $25,000,000
14 each month for the administration of the Vehicle
15 Emissions Inspection Law of 1995, to be transferred by
16 the State Comptroller and Treasurer from the Motor Fuel
17 Tax Fund into the Vehicle Inspection Fund;
18 (5) amounts ordered paid by the Court of Claims;
19 and
20 (6) payment of motor fuel use taxes due to member
21 jurisdictions under the terms of the International Fuel
22 Tax Agreement. The Department shall certify these
23 amounts to the Comptroller by the 15th day of each month;
24 the Comptroller shall cause orders to be drawn for such
25 amounts, and the Treasurer shall administer those amounts
26 on or before the last day of each month;
27 (e) after allocations for the purposes set forth in
28 subsections (a), (b), (c) and (d), the remaining amount shall
29 be apportioned as follows:
30 (1) 58.4% shall be deposited as follows:
31 (A) 37% into the State Construction Account
32 Fund, and
33 (B) 63% into the Road Fund, $1,250,000 of
34 which shall be reserved each month for the
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1 Department of Transportation to be used in
2 accordance with the provisions of Sections 6-901
3 through 6-906 of the Illinois Highway Code;
4 (2) 41.6% shall be transferred to the Department of
5 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 As soon as may be after the first day of each month the
13 Department of Transportation shall allot to each municipality
14 its share of the amount apportioned to the several
15 municipalities which shall be in proportion to the population
16 of such municipalities as determined by the last preceding
17 municipal census if conducted by the Federal Government or
18 Federal census. If territory is annexed to any municipality
19 subsequent to the time of the last preceding census the
20 corporate authorities of such municipality may cause a census
21 to be taken of such annexed territory and the population so
22 ascertained for such territory shall be added to the
23 population of the municipality as determined by the last
24 preceding census for the purpose of determining the allotment
25 for that municipality. If the population of any municipality
26 was not determined by the last Federal census preceding any
27 apportionment, the apportionment to such municipality shall
28 be in accordance with any census taken by such municipality.
29 Any municipal census used in accordance with this Section
30 shall be certified to the Department of Transportation by the
31 clerk of such municipality, and the accuracy thereof shall be
32 subject to approval of the Department which may make such
33 corrections as it ascertains to be necessary.
34 As soon as may be after the first day of each month the
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1 Department of Transportation shall allot to each county its
2 share of the amount apportioned to the several counties of
3 the State as herein provided. Each allotment to the several
4 counties having less than 1,000,000 inhabitants shall be in
5 proportion to the amount of motor vehicle license fees
6 received from the residents of such counties, respectively,
7 during the preceding calendar year. The Secretary of State
8 shall, on or before April 15 of each year, transmit to the
9 Department of Transportation a full and complete report
10 showing the amount of motor vehicle license fees received
11 from the residents of each county, respectively, during the
12 preceding calendar year. The Department of Transportation
13 shall, each month, use for allotment purposes the last such
14 report received from the Secretary of State.
15 As soon as may be after the first day of each month, the
16 Department of Transportation shall allot to the several
17 counties their share of the amount apportioned for the use of
18 road districts. The allotment shall be apportioned among the
19 several counties in the State in the proportion which the
20 total mileage of township or district roads in the respective
21 counties bears to the total mileage of all township and
22 district roads in the State. Funds allotted to the respective
23 counties for the use of road districts therein shall be
24 allocated to the several road districts in the county in the
25 proportion which the total mileage of such township or
26 district roads in the respective road districts bears to the
27 total mileage of all such township or district roads in the
28 county. After July 1 of any year, no allocation shall be
29 made for any road district unless it levied a tax for road
30 and bridge purposes in an amount which will require the
31 extension of such tax against the taxable property in any
32 such road district at a rate of not less than either .08% of
33 the value thereof, based upon the assessment for the year
34 immediately prior to the year in which such tax was levied
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1 and as equalized by the Department of Revenue or, in DuPage
2 County, an amount equal to or greater than $12,000 per mile
3 of road under the jurisdiction of the road district,
4 whichever is less. If any road district has levied a special
5 tax for road purposes pursuant to Sections 6-601, 6-602 and
6 6-603 of the Illinois Highway Code, and such tax was levied
7 in an amount which would require extension at a rate of not
8 less than .08% of the value of the taxable property thereof,
9 as equalized or assessed by the Department of Revenue, or, in
10 DuPage County, an amount equal to or greater than $12,000 per
11 mile of road under the jurisdiction of the road district,
12 whichever is less, such levy shall, however, be deemed a
13 proper compliance with this Section and shall qualify such
14 road district for an allotment under this Section. If a
15 township has transferred to the road and bridge fund money
16 which, when added to the amount of any tax levy of the road
17 district would be the equivalent of a tax levy requiring
18 extension at a rate of at least .08%, or, in DuPage County,
19 an amount equal to or greater than $12,000 per mile of road
20 under the jurisdiction of the road district, whichever is
21 less, such transfer, together with any such tax levy, shall
22 be deemed a proper compliance with this Section and shall
23 qualify the road district for an allotment under this
24 Section.
25 In counties in which a property tax extension limitation
26 is imposed under the Property Tax Extension Limitation Law,
27 road districts may retain their entitlement to a motor fuel
28 tax allotment if, at the time the property tax extension
29 limitation was imposed, the road district was levying a road
30 and bridge tax at a rate sufficient to entitle it to a motor
31 fuel tax allotment and continues to levy the maximum
32 allowable amount after the imposition of the property tax
33 extension limitation. Any road district may in all
34 circumstances retain its entitlement to a motor fuel tax
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1 allotment if it levied a road and bridge tax in an amount
2 that will require the extension of the tax against the
3 taxable property in the road district at a rate of not less
4 than 0.08% of the assessed value of the property, based upon
5 the assessment for the year immediately preceding the year in
6 which the tax was levied and as equalized by the Department
7 of Revenue or, in DuPage County, an amount equal to or
8 greater than $12,000 per mile of road under the jurisdiction
9 of the road district, whichever is less.
10 As used in this Section the term "road district" means
11 any road district, including a county unit road district,
12 provided for by the Illinois Highway Code; and the term
13 "township or district road" means any road in the township
14 and district road system as defined in the Illinois Highway
15 Code. For the purposes of this Section, "road district" also
16 includes park districts, forest preserve districts and
17 conservation districts organized under Illinois law and
18 "township or district road" also includes such roads as are
19 maintained by park districts, forest preserve districts and
20 conservation districts. The Department of Transportation
21 shall determine the mileage of all township and district
22 roads for the purposes of making allotments and allocations
23 of motor fuel tax funds for use in road districts.
24 Payment of motor fuel tax moneys to municipalities and
25 counties shall be made as soon as possible after the
26 allotment is made. The treasurer of the municipality or
27 county may invest these funds until their use is required and
28 the interest earned by these investments shall be limited to
29 the same uses as the principal funds.
30 (Source: P.A. 89-167, eff. 1-1-96; 89-445, eff. 2-7-96;
31 89-699, eff. 1-16-97; 90-110, eff. 7-14-97; revised 8-14-97.)
32 Section 10. The Illinois Vehicle Code is amended by
33 changing Sections 18c-7401, 18c-7502, 18c-7503 as follows:
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1 (625 ILCS 5/18c-7401) (from Ch. 95 1/2, par. 18c-7401)
2 Sec. 18c-7401. Safety Requirements for Track,
3 Facilities, and Equipment.
4 (1) General Requirements. Each rail carrier shall,
5 consistent with rules, orders, and regulations of the Federal
6 Railroad Administration, construct, maintain, and operate all
7 of its equipment, track, and other property in this State in
8 such a manner as to pose no undue risk to its employees or
9 the person or property of any member of the public.
10 (2) Adoption of Federal Standards. The track safety
11 standards and accident/incident standards promulgated by the
12 Federal Railroad Administration shall be safety standards of
13 the Commission. The Commission may, in addition, adopt by
14 reference in its regulations other federal railroad safety
15 standards, whether contained in federal statutes or in
16 regulations adopted pursuant to such statutes.
17 (3) Railroad Crossings. No public road, highway, or
18 street shall hereafter be constructed across the track of any
19 rail carrier at grade, nor shall the track of any rail
20 carrier be constructed across a public road, highway or
21 street at grade, without having first secured the permission
22 of the Commission; provided, that this Section shall not
23 apply to the replacement of lawfully existing roads, highways
24 and tracks. The Commission shall have the right to refuse
25 its permission or to grant it upon such terms and conditions
26 as it may prescribe. The Commission shall have power to
27 determine and prescribe the manner, including the particular
28 point of crossing, and the terms of installation, operation,
29 maintenance, use and protection of each such crossing.
30 The Commission shall also have power, after a hearing, to
31 require major alteration of or to abolish any crossing,
32 heretofore or hereafter established, when in its opinion, the
33 public safety requires such alteration or abolition, and,
34 except in cities, villages and incorporated towns of
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1 1,000,000 or more inhabitants, to vacate and close that part
2 of the highway on such crossing altered or abolished and
3 cause barricades to be erected across such highway in such
4 manner as to prevent the use of such crossing as a highway,
5 when, in the opinion of the Commission, the public
6 convenience served by the crossing in question is not such as
7 to justify the further retention thereof; or to require a
8 separation of grades, at such crossings; or to require a
9 separation of grades at any proposed crossing where a
10 proposed public highway may cross the tracks of any rail
11 carrier or carriers; and to prescribe, after a hearing of the
12 parties, the terms upon which such separations shall be made
13 and the proportion in which the expense of the alteration or
14 abolition of such crossings or the separation of such grades,
15 having regard to the benefits, if any, accruing to the rail
16 carrier or any party in interest, shall be divided between
17 the rail carrier or carriers affected, or between such
18 carrier or carriers and the State, county, municipality or
19 other public authority in interest. However, a public
20 hearing by the Commission to abolish a crossing shall not be
21 required when the public highway authority in interest
22 vacates the highway. In such instance the rail carrier,
23 following notification to the Commission and the highway
24 authority, shall remove any grade crossing warning devices
25 and the grade crossing surface.
26 The Commission shall also have power by its order to
27 require the reconstruction, minor alteration, minor
28 relocation or improvement of any crossing (including the
29 necessary highway approaches thereto) of any railroad across
30 any highway or public road, whether such crossing be at grade
31 or by overhead structure or by subway, whenever the
32 Commission finds after a hearing or without a hearing as
33 otherwise provided in this paragraph that such
34 reconstruction, alteration, relocation or improvement is
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1 necessary to preserve or promote the safety or convenience of
2 the public or of the employees or passengers of such rail
3 carrier or carriers. By its original order or supplemental
4 orders in such case, the Commission may direct such
5 reconstruction, alteration, relocation, or improvement to be
6 made in such manner and upon such terms and conditions as may
7 be reasonable and necessary and may apportion the cost of
8 such reconstruction, alteration, relocation or improvement
9 and the subsequent maintenance thereof, having regard to the
10 benefits, if any, accruing to the railroad or any party in
11 interest, between the rail carrier or carriers and public
12 utilities affected, or between such carrier or carriers and
13 public utilities and the State, county, municipality or other
14 public authority in interest. The cost to be so apportioned
15 shall include the cost of changes or alterations in the
16 equipment of public utilities affected as well as the cost of
17 the relocation, diversion or establishment of any public
18 highway, made necessary by such reconstruction, alteration,
19 relocation or improvement of said crossing. A hearing shall
20 not be required in those instances when the Commission enters
21 an order confirming a written stipulation in which the
22 Commission, the public highway authority in interest, the
23 rail carrier or carriers affected, and in instances involving
24 the use of the Grade Crossing Protection Fund, the Illinois
25 Department of Transportation, agree on the reconstruction,
26 alteration, relocation, or improvement and the subsequent
27 maintenance thereof and the division of costs of such changes
28 of any grade crossing (including the necessary highway
29 approaches thereto) of any railroad across any highway.
30 Every rail carrier operating in the State of Illinois
31 shall construct and maintain every highway crossing over its
32 tracks within the State so that the roadway at the
33 intersection shall be as flush with the rails as
34 superelevated curves will allow, and, unless otherwise
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1 ordered by the Commission, shall construct and maintain the
2 approaches thereto at a grade of not more than 5% within the
3 right of way for a distance of not less the 6 feet on each
4 side of the centerline of such tracks; provided, that the
5 grades at the approaches may be maintained in excess of 5%
6 only when authorized by the Commission.
7 Every rail carrier operating within this State shall
8 remove from its right of way at all grade crossings within
9 the State, such brush, shrubbery, and trees as is reasonably
10 practical for a distance of not less than 500 feet in either
11 direction from each grade crossing. The Commission shall have
12 power, upon its own motion, or upon complaint, and after
13 having made proper investigation, to require the installation
14 of adequate and appropriate luminous reflective warning
15 signs, luminous flashing signals, crossing gates illuminated
16 at night, or other protective devices in order to promote and
17 safeguard the health and safety of the public. Luminous
18 flashing signal or crossing gate devices installed at grade
19 crossings, which have been approved by the Commission, shall
20 be deemed adequate and appropriate. The Commission shall have
21 authority to determine the number, type, and location of such
22 signs, signals, gates, or other protective devices which,
23 however, shall conform as near as may be with generally
24 recognized national standards, and the Commission shall have
25 authority to prescribe the division of the cost of the
26 installation and subsequent maintenance of such signs,
27 signals, gates, or other protective devices between the rail
28 carrier or carriers, the public highway authority in
29 interest, and in instances involving the use of the Grade
30 Crossing Protection Fund, the Illinois Department of
31 Transportation.
32 No railroad may change or modify the warning device
33 system at a railroad-highway grade crossing, including
34 warning systems interconnected with highway traffic control
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1 signals, without having first received the approval of the
2 Commission. The Commission shall have the further power,
3 upon application, upon its own motion, or upon complaint and
4 after having made proper investigation, to require the
5 interconnection of grade crossing warning devices with
6 traffic control signals at highway intersections located at
7 or near railroad crossings within the distances described by
8 the State Manual on Uniform Traffic Control Devices adopted
9 pursuant to Section 11-301 of this Code. In addition, State
10 and local authorities may not install, remove, modernize, or
11 otherwise modify traffic control signals at a highway
12 intersection that is interconnected or proposed to be
13 interconnected with grade crossing warning devices when the
14 change affects the number, type, or location of traffic
15 control devices on the track approach leg or legs of the
16 intersection or the timing of the railroad preemption
17 sequence of operation until the Commission has approved the
18 installation, removal, modernization, or modification.
19 Commission approval shall be limited to consideration of
20 issues directly affecting the public safety at the
21 railroad-highway grade crossing. The electrical circuit
22 devices, alternate warning devices, and preemption sequences
23 shall conform as nearly as possible, considering the
24 particular characteristics of the crossing and intersection
25 area, to the State manual adopted by the Illinois Department
26 of Transportation pursuant to Section 11-301 of this Code and
27 such federal standards as are made applicable by subsection
28 (2) of this Section. In order to carry out this authority,
29 the Commission shall have the authority to determine the
30 number, type, and location of traffic control devices on the
31 track approach leg or legs of the intersection and the timing
32 of the railroad preemption sequence of operation. The
33 Commission shall prescribe the division of costs for
34 installation and maintenance of all devices required by this
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1 paragraph between the railroad or railroads and the highway
2 authority in interest and in instances involving the use of
3 the Grade Crossing Protection Fund or a State highway, the
4 Illinois Department of Transportation.
5 Any person who unlawfully or maliciously removes, throws
6 down, damages or defaces any sign, signal, gate or other
7 protective device, located at or near any public grade
8 crossing, shall be guilty of a petty offense and fined not
9 less than $50 nor more than $200 for each offense. In
10 addition to fines levied under the provisions of this Section
11 a person adjudged guilty hereunder may also be directed to
12 make restitution for the costs of repair or replacement, or
13 both, necessitated by his misconduct.
14 It is the public policy of the State of Illinois to
15 enhance public safety by establishing safe grade crossings.
16 In order to implement this policy, the Illinois Commerce
17 Commission is directed to conduct public hearings and to
18 adopt specific criteria by July 1, 1994, that shall be
19 adhered to by the Illinois Commerce Commission in determining
20 if a grade crossing should be opened or abolished. The
21 following factors shall be considered by the Illinois
22 Commerce Commission in developing the specific criteria for
23 opening and abolishing grade crossings:
24 (a) timetable speed of passenger trains;
25 (b) distance to an alternate crossing;
26 (c) accident history for the last 5 years;
27 (d) number of vehicular traffic and posted speed
28 limits;
29 (e) number of freight trains and their timetable
30 speeds;
31 (f) the type of warning device present at the grade
32 crossing;
33 (g) alignments of the roadway and railroad, and the
34 angle of intersection of those alignments;
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1 (h) use of the grade crossing by trucks carrying
2 hazardous materials, vehicles carrying passengers for
3 hire, and school buses; and
4 (i) use of the grade crossing by emergency
5 vehicles.
6 The Illinois Commerce Commission, upon petition to open
7 or abolish a grade crossing, shall enter an order opening or
8 abolishing the crossing if it meets the specific criteria
9 adopted by the Commission.
10 Except as otherwise provided in this subsection (3), in
11 no instance shall a grade crossing be permanently closed
12 without public hearing first being held and notice of such
13 hearing being published in an area newspaper of local general
14 circulation.
15 (4) Freight Trains - Radio Communications. The
16 Commission shall after hearing and order require that every
17 main line railroad freight train operating on main tracks
18 outside of yard limits within this State shall be equipped
19 with a radio communication system. The Commission after
20 notice and hearing may grant exemptions from the requirements
21 of this Section as to secondary and branch lines.
22 (5) Railroad Bridges and Trestles - Walkway and
23 Handrail. In cases in which the Commission finds the same to
24 be practical and necessary for safety of railroad employees,
25 bridges and trestles, over and upon which railroad trains are
26 operated, shall include as a part thereof, a safe and
27 suitable walkway and handrail on one side only of such bridge
28 or trestle, and such handrail shall be located at the outer
29 edge of the walkway and shall provide a clearance of not less
30 than 8 feet, 6 inches, from the center line of the nearest
31 track, measured at right angles thereto.
32 (6) Packages Containing Articles for First Aid to
33 Injured on Trains. All rail carriers shall provide a package
34 containing the articles prescribed by the Commission, on each
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1 train or engine, for first aid to persons who may be injured
2 in the course of the operation of such trains.
3 (7) Abandoned Bridges, Crossings, and Other Rail Plant.
4 The Commission shall have authority, after notice and
5 hearing, to order:
6 (a) The removal of any abandoned railroad tracks
7 from roads, streets or other thoroughfares in this State;
8 and
9 (b) The removal of abandoned overhead railroad
10 structures crossing highways, waterways, or railroads.
11 The Commission may equitably apportion the cost of such
12 actions between the rail carrier or carriers, public
13 utilities, and the State, county, municipality, township,
14 road district, or other public authority in interest.
15 (8) Railroad-Highway Bridge Clearance. A vertical
16 clearance of not less than 23 feet above the top of rail
17 shall be provided for all new or reconstructed highway
18 bridges constructed over a railroad track. The Commission
19 may permit a lesser clearance if it determines that the 23
20 foot clearance standard cannot be justified based on
21 engineering, operational, and economic conditions.
22 (Source: P.A. 88-296; 89-699, eff. 1-16-97.)
23 (625 ILCS 5/18c-7502) (from Ch. 95 1/2, par. 18c-7502)
24 Sec. 18c-7502. Malicious Removal of or Damage to Rail
25 Property. Any person found to have removed, taken, stolen,
26 changed, added to, taken from, or in any manner interfered
27 with any of the parts or attachments of any locomotive or
28 car, or any plant or property used in or in connection with
29 the operation of any locomotive or car in this State, or any
30 person who causes or attempts to cause the derailment of an
31 engine, cars, or a track vehicle used on railroad tracks,
32 shall be guilty of a Class 4 felony. If any such action is
33 malicious and is the cause of wrecking any train, locomotive,
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1 or car in this State whereby the life of any person is lost,
2 the person found guilty thereof shall be liable for first
3 degree murder as in other cases.
4 (Source: P.A. 85-293.)
5 (625 ILCS 5/18c-7503) (from Ch. 95 1/2, par. 18c-7503)
6 Sec. 18c-7503. Trespass on Railroad Rights of Way and
7 Yards. (1) Trespass on Rights of Way and Yards Prohibited.
8 (a) General Prohibition. Except as otherwise provided in
9 paragraph (b) of this subsection, no person may walk, ride,
10 drive or be upon or along the right of way or rail yard of a
11 rail carrier within the State, at a place other than a public
12 crossing.
13 (b) Exceptions. This subsection shall not apply to:
14 (i) passengers on trains or employees of a rail carrier;
15 (ii) an authorized representative of rail carrier
16 employees, while performing required duties in accordance
17 with reasonable rail carrier company guidelines;
18 (iii) a person going upon the right of way or into the
19 rail yard to save human life or to protect property;
20 (iv) a person being on the station grounds or in the
21 depot of the rail carrier for the purpose of transacting
22 business;
23 (v) a person, his family, or his employees or agents
24 going across a farm crossing, as defined in this Chapter, for
25 the purpose of crossing from one part to another part of a
26 farm he owns or leases, where the farm lies on both sides of
27 the right of way;
28 (vi) a person having written permission from the rail
29 carrier to go upon the right of way or into the rail yard;
30 and
31 (vii) representatives of state and federal governmental
32 agencies in performance of their official duties.
33 (2) Penalties. Violation of this Section shall subject
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1 the violator to a fine line of not more than $500.
2 (3) Definition. For purposes of this Section, a "right
3 of way" means the track or roadbed owned or leased by a rail
4 carrier which is located on either side of its tracks and
5 which is readily recognizable to a reasonable person as being
6 rail carrier property or is reasonably identified as such by
7 fencing or appropriate signs.
8 (Source: P.A. 84-796; revised 12-18-97.)
SB1875 Enrolled -18- LRB9007774NTsbB
1 INDEX
2 Statutes amended in order of appearance
3 35 ILCS 505/8 from Ch. 120, par. 424
4 625 ILCS 5/18c-7401 from Ch. 95 1/2, par. 18c-7401
5 625 ILCS 5/18c-7502 from Ch. 95 1/2, par. 18c-7502
6 625 ILCS 5/18c-7503 from Ch. 95 1/2, par. 18c-7503
7 625 ILCS 5/18c-7504 from Ch. 95 1/2, par. 18c-7504