Public Act 90-0691 of the 90th General Assembly
Public Act 90-0691
SB1875 Enrolled LRB9007774NTsbB
AN ACT concerning transportation, amending named Acts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Motor Fuel Tax Law is amended by changing
Section 8 as follows:
(35 ILCS 505/8) (from Ch. 120, par. 424)
Sec. 8. Except as provided in Section 8a, all money
received by the Department under this Act, including payments
made to the Department by member jurisdictions participating
in the International Fuel Tax Agreement, shall be deposited
in a special fund in the State treasury, to be known as the
"Motor Fuel Tax Fund", and shall be used as follows:
(a) 2 1/2 cents per gallon of the tax collected on
special fuel under paragraph (b) of Section 2 and Section 13a
of this Act shall be transferred to the State Construction
Account Fund in the State Treasury;
(b) $420,000 shall be transferred each month to the
State Boating Act Fund to be used by the Department of
Natural Resources for the purposes specified in Article X of
the Boat Registration and Safety Act;
(c) $1,500,000 shall be transferred each month to the
Grade Crossing Protection Fund to be used as follows: not
less than $6,000,000 each fiscal year shall be used for the
construction or reconstruction of rail highway grade
separation structures; beginning with fiscal year 1997 and
ending in fiscal year 1999, $1,500,000, and $750,000 in
fiscal year 2000 and each fiscal year thereafter shall be
transferred to the Transportation Regulatory Fund and shall
be accounted for as part of the rail carrier portion of such
funds and shall be used to pay the cost of administration of
the Illinois Commerce Commission's railroad safety program in
connection with its duties under subsection (3) of Section
18c-7401 of the Illinois Vehicle Code, with the remainder to
be used by the Department of Transportation upon order of the
Illinois Commerce Commission, to pay that part of the cost
apportioned by such Commission to the State to cover the
interest of the State-wide public in the use of highways,
roads or streets in the county highway system, township and
district road system or municipal street system as defined in
the Illinois Highway Code, as the same may from time to time
be amended, for separation of grades, for installation,
construction or reconstruction of crossing protection or
reconstruction, alteration, relocation including construction
or improvement of any existing highway necessary for access
to property or improvement of any grade crossing including
the necessary highway approaches thereto of any railroad
across the highway or public road, as provided for in and in
accordance with Section 18c-7401 of the Illinois Vehicle
Code. In entering orders for projects for which payments
from the Grade Crossing Protection Fund will be made, the
Commission shall account for expenditures authorized by the
orders on a cash rather than an accrual basis. For purposes
of this requirement an "accrual basis" assumes that the total
cost of the project is expended in the fiscal year in which
the order is entered, while a "cash basis" allocates the cost
of the project among fiscal years as expenditures are
actually made;
(d) of the amount remaining after allocations provided
for in subsections (a), (b) and (c), a sufficient amount
shall be reserved to pay all of the following:
(1) the costs of the Department of Revenue in
administering this Act;
(2) the costs of the Department of Transportation
in performing its duties imposed by the Illinois Highway
Code for supervising the use of motor fuel tax funds
apportioned to municipalities, counties and road
districts;
(3) refunds provided for in Section 13 of this Act
and under the terms of the International Fuel Tax
Agreement referenced in Section 14a;
(4) from October 1, 1985 until June 30, 1994, the
administration of the Vehicle Emissions Inspection Law,
which amount shall be certified monthly by the
Environmental Protection Agency to the State Comptroller
and shall promptly be transferred by the State
Comptroller and Treasurer from the Motor Fuel Tax Fund to
the Vehicle Inspection Fund, and beginning July 1, 1994,
and until December 31, 2000, one-twelfth of $25,000,000
each month for the administration of the Vehicle
Emissions Inspection Law of 1995, to be transferred by
the State Comptroller and Treasurer from the Motor Fuel
Tax Fund into the Vehicle Inspection Fund;
(5) amounts ordered paid by the Court of Claims;
and
(6) payment of motor fuel use taxes due to member
jurisdictions under the terms of the International Fuel
Tax Agreement. The Department shall certify these
amounts to the Comptroller by the 15th day of each month;
the Comptroller shall cause orders to be drawn for such
amounts, and the Treasurer shall administer those amounts
on or before the last day of each month;
(e) after allocations for the purposes set forth in
subsections (a), (b), (c) and (d), the remaining amount shall
be apportioned as follows:
(1) 58.4% shall be deposited as follows:
(A) 37% into the State Construction Account
Fund, and
(B) 63% into the Road Fund, $1,250,000 of
which shall be reserved each month for the
Department of Transportation to be used in
accordance with the provisions of Sections 6-901
through 6-906 of the Illinois Highway Code;
(2) 41.6% shall be transferred to the Department of
Transportation to be distributed as follows:
(A) 49.10% to the municipalities of the State,
(B) 16.74% to the counties of the State having
1,000,000 or more inhabitants,
(C) 18.27% to the counties of the State having
less than 1,000,000 inhabitants,
(D) 15.89% to the road districts of the State.
As soon as may be after the first day of each month the
Department of Transportation shall allot to each municipality
its share of the amount apportioned to the several
municipalities which shall be in proportion to the population
of such municipalities as determined by the last preceding
municipal census if conducted by the Federal Government or
Federal census. If territory is annexed to any municipality
subsequent to the time of the last preceding census the
corporate authorities of such municipality may cause a census
to be taken of such annexed territory and the population so
ascertained for such territory shall be added to the
population of the municipality as determined by the last
preceding census for the purpose of determining the allotment
for that municipality. If the population of any municipality
was not determined by the last Federal census preceding any
apportionment, the apportionment to such municipality shall
be in accordance with any census taken by such municipality.
Any municipal census used in accordance with this Section
shall be certified to the Department of Transportation by the
clerk of such municipality, and the accuracy thereof shall be
subject to approval of the Department which may make such
corrections as it ascertains to be necessary.
As soon as may be after the first day of each month the
Department of Transportation shall allot to each county its
share of the amount apportioned to the several counties of
the State as herein provided. Each allotment to the several
counties having less than 1,000,000 inhabitants shall be in
proportion to the amount of motor vehicle license fees
received from the residents of such counties, respectively,
during the preceding calendar year. The Secretary of State
shall, on or before April 15 of each year, transmit to the
Department of Transportation a full and complete report
showing the amount of motor vehicle license fees received
from the residents of each county, respectively, during the
preceding calendar year. The Department of Transportation
shall, each month, use for allotment purposes the last such
report received from the Secretary of State.
As soon as may be after the first day of each month, the
Department of Transportation shall allot to the several
counties their share of the amount apportioned for the use of
road districts. The allotment shall be apportioned among the
several counties in the State in the proportion which the
total mileage of township or district roads in the respective
counties bears to the total mileage of all township and
district roads in the State. Funds allotted to the respective
counties for the use of road districts therein shall be
allocated to the several road districts in the county in the
proportion which the total mileage of such township or
district roads in the respective road districts bears to the
total mileage of all such township or district roads in the
county. After July 1 of any year, no allocation shall be
made for any road district unless it levied a tax for road
and bridge purposes in an amount which will require the
extension of such tax against the taxable property in any
such road district at a rate of not less than either .08% of
the value thereof, based upon the assessment for the year
immediately prior to the year in which such tax was levied
and as equalized by the Department of Revenue or, in DuPage
County, an amount equal to or greater than $12,000 per mile
of road under the jurisdiction of the road district,
whichever is less. If any road district has levied a special
tax for road purposes pursuant to Sections 6-601, 6-602 and
6-603 of the Illinois Highway Code, and such tax was levied
in an amount which would require extension at a rate of not
less than .08% of the value of the taxable property thereof,
as equalized or assessed by the Department of Revenue, or, in
DuPage County, an amount equal to or greater than $12,000 per
mile of road under the jurisdiction of the road district,
whichever is less, such levy shall, however, be deemed a
proper compliance with this Section and shall qualify such
road district for an allotment under this Section. If a
township has transferred to the road and bridge fund money
which, when added to the amount of any tax levy of the road
district would be the equivalent of a tax levy requiring
extension at a rate of at least .08%, or, in DuPage County,
an amount equal to or greater than $12,000 per mile of road
under the jurisdiction of the road district, whichever is
less, such transfer, together with any such tax levy, shall
be deemed a proper compliance with this Section and shall
qualify the road district for an allotment under this
Section.
In counties in which a property tax extension limitation
is imposed under the Property Tax Extension Limitation Law,
road districts may retain their entitlement to a motor fuel
tax allotment if, at the time the property tax extension
limitation was imposed, the road district was levying a road
and bridge tax at a rate sufficient to entitle it to a motor
fuel tax allotment and continues to levy the maximum
allowable amount after the imposition of the property tax
extension limitation. Any road district may in all
circumstances retain its entitlement to a motor fuel tax
allotment if it levied a road and bridge tax in an amount
that will require the extension of the tax against the
taxable property in the road district at a rate of not less
than 0.08% of the assessed value of the property, based upon
the assessment for the year immediately preceding the year in
which the tax was levied and as equalized by the Department
of Revenue or, in DuPage County, an amount equal to or
greater than $12,000 per mile of road under the jurisdiction
of the road district, whichever is less.
As used in this Section the term "road district" means
any road district, including a county unit road district,
provided for by the Illinois Highway Code; and the term
"township or district road" means any road in the township
and district road system as defined in the Illinois Highway
Code. For the purposes of this Section, "road district" also
includes park districts, forest preserve districts and
conservation districts organized under Illinois law and
"township or district road" also includes such roads as are
maintained by park districts, forest preserve districts and
conservation districts. The Department of Transportation
shall determine the mileage of all township and district
roads for the purposes of making allotments and allocations
of motor fuel tax funds for use in road districts.
Payment of motor fuel tax moneys to municipalities and
counties shall be made as soon as possible after the
allotment is made. The treasurer of the municipality or
county may invest these funds until their use is required and
the interest earned by these investments shall be limited to
the same uses as the principal funds.
(Source: P.A. 89-167, eff. 1-1-96; 89-445, eff. 2-7-96;
89-699, eff. 1-16-97; 90-110, eff. 7-14-97; revised 8-14-97.)
Section 10. The Illinois Vehicle Code is amended by
changing Sections 18c-7401, 18c-7502, 18c-7503 as follows:
(625 ILCS 5/18c-7401) (from Ch. 95 1/2, par. 18c-7401)
Sec. 18c-7401. Safety Requirements for Track,
Facilities, and Equipment.
(1) General Requirements. Each rail carrier shall,
consistent with rules, orders, and regulations of the Federal
Railroad Administration, construct, maintain, and operate all
of its equipment, track, and other property in this State in
such a manner as to pose no undue risk to its employees or
the person or property of any member of the public.
(2) Adoption of Federal Standards. The track safety
standards and accident/incident standards promulgated by the
Federal Railroad Administration shall be safety standards of
the Commission. The Commission may, in addition, adopt by
reference in its regulations other federal railroad safety
standards, whether contained in federal statutes or in
regulations adopted pursuant to such statutes.
(3) Railroad Crossings. No public road, highway, or
street shall hereafter be constructed across the track of any
rail carrier at grade, nor shall the track of any rail
carrier be constructed across a public road, highway or
street at grade, without having first secured the permission
of the Commission; provided, that this Section shall not
apply to the replacement of lawfully existing roads, highways
and tracks. The Commission shall have the right to refuse
its permission or to grant it upon such terms and conditions
as it may prescribe. The Commission shall have power to
determine and prescribe the manner, including the particular
point of crossing, and the terms of installation, operation,
maintenance, use and protection of each such crossing.
The Commission shall also have power, after a hearing, to
require major alteration of or to abolish any crossing,
heretofore or hereafter established, when in its opinion, the
public safety requires such alteration or abolition, and,
except in cities, villages and incorporated towns of
1,000,000 or more inhabitants, to vacate and close that part
of the highway on such crossing altered or abolished and
cause barricades to be erected across such highway in such
manner as to prevent the use of such crossing as a highway,
when, in the opinion of the Commission, the public
convenience served by the crossing in question is not such as
to justify the further retention thereof; or to require a
separation of grades, at such crossings; or to require a
separation of grades at any proposed crossing where a
proposed public highway may cross the tracks of any rail
carrier or carriers; and to prescribe, after a hearing of the
parties, the terms upon which such separations shall be made
and the proportion in which the expense of the alteration or
abolition of such crossings or the separation of such grades,
having regard to the benefits, if any, accruing to the rail
carrier or any party in interest, shall be divided between
the rail carrier or carriers affected, or between such
carrier or carriers and the State, county, municipality or
other public authority in interest. However, a public
hearing by the Commission to abolish a crossing shall not be
required when the public highway authority in interest
vacates the highway. In such instance the rail carrier,
following notification to the Commission and the highway
authority, shall remove any grade crossing warning devices
and the grade crossing surface.
The Commission shall also have power by its order to
require the reconstruction, minor alteration, minor
relocation or improvement of any crossing (including the
necessary highway approaches thereto) of any railroad across
any highway or public road, whether such crossing be at grade
or by overhead structure or by subway, whenever the
Commission finds after a hearing or without a hearing as
otherwise provided in this paragraph that such
reconstruction, alteration, relocation or improvement is
necessary to preserve or promote the safety or convenience of
the public or of the employees or passengers of such rail
carrier or carriers. By its original order or supplemental
orders in such case, the Commission may direct such
reconstruction, alteration, relocation, or improvement to be
made in such manner and upon such terms and conditions as may
be reasonable and necessary and may apportion the cost of
such reconstruction, alteration, relocation or improvement
and the subsequent maintenance thereof, having regard to the
benefits, if any, accruing to the railroad or any party in
interest, between the rail carrier or carriers and public
utilities affected, or between such carrier or carriers and
public utilities and the State, county, municipality or other
public authority in interest. The cost to be so apportioned
shall include the cost of changes or alterations in the
equipment of public utilities affected as well as the cost of
the relocation, diversion or establishment of any public
highway, made necessary by such reconstruction, alteration,
relocation or improvement of said crossing. A hearing shall
not be required in those instances when the Commission enters
an order confirming a written stipulation in which the
Commission, the public highway authority in interest, the
rail carrier or carriers affected, and in instances involving
the use of the Grade Crossing Protection Fund, the Illinois
Department of Transportation, agree on the reconstruction,
alteration, relocation, or improvement and the subsequent
maintenance thereof and the division of costs of such changes
of any grade crossing (including the necessary highway
approaches thereto) of any railroad across any highway.
Every rail carrier operating in the State of Illinois
shall construct and maintain every highway crossing over its
tracks within the State so that the roadway at the
intersection shall be as flush with the rails as
superelevated curves will allow, and, unless otherwise
ordered by the Commission, shall construct and maintain the
approaches thereto at a grade of not more than 5% within the
right of way for a distance of not less the 6 feet on each
side of the centerline of such tracks; provided, that the
grades at the approaches may be maintained in excess of 5%
only when authorized by the Commission.
Every rail carrier operating within this State shall
remove from its right of way at all grade crossings within
the State, such brush, shrubbery, and trees as is reasonably
practical for a distance of not less than 500 feet in either
direction from each grade crossing. The Commission shall have
power, upon its own motion, or upon complaint, and after
having made proper investigation, to require the installation
of adequate and appropriate luminous reflective warning
signs, luminous flashing signals, crossing gates illuminated
at night, or other protective devices in order to promote and
safeguard the health and safety of the public. Luminous
flashing signal or crossing gate devices installed at grade
crossings, which have been approved by the Commission, shall
be deemed adequate and appropriate. The Commission shall have
authority to determine the number, type, and location of such
signs, signals, gates, or other protective devices which,
however, shall conform as near as may be with generally
recognized national standards, and the Commission shall have
authority to prescribe the division of the cost of the
installation and subsequent maintenance of such signs,
signals, gates, or other protective devices between the rail
carrier or carriers, the public highway authority in
interest, and in instances involving the use of the Grade
Crossing Protection Fund, the Illinois Department of
Transportation.
No railroad may change or modify the warning device
system at a railroad-highway grade crossing, including
warning systems interconnected with highway traffic control
signals, without having first received the approval of the
Commission. The Commission shall have the further power,
upon application, upon its own motion, or upon complaint and
after having made proper investigation, to require the
interconnection of grade crossing warning devices with
traffic control signals at highway intersections located at
or near railroad crossings within the distances described by
the State Manual on Uniform Traffic Control Devices adopted
pursuant to Section 11-301 of this Code. In addition, State
and local authorities may not install, remove, modernize, or
otherwise modify traffic control signals at a highway
intersection that is interconnected or proposed to be
interconnected with grade crossing warning devices when the
change affects the number, type, or location of traffic
control devices on the track approach leg or legs of the
intersection or the timing of the railroad preemption
sequence of operation until the Commission has approved the
installation, removal, modernization, or modification.
Commission approval shall be limited to consideration of
issues directly affecting the public safety at the
railroad-highway grade crossing. The electrical circuit
devices, alternate warning devices, and preemption sequences
shall conform as nearly as possible, considering the
particular characteristics of the crossing and intersection
area, to the State manual adopted by the Illinois Department
of Transportation pursuant to Section 11-301 of this Code and
such federal standards as are made applicable by subsection
(2) of this Section. In order to carry out this authority,
the Commission shall have the authority to determine the
number, type, and location of traffic control devices on the
track approach leg or legs of the intersection and the timing
of the railroad preemption sequence of operation. The
Commission shall prescribe the division of costs for
installation and maintenance of all devices required by this
paragraph between the railroad or railroads and the highway
authority in interest and in instances involving the use of
the Grade Crossing Protection Fund or a State highway, the
Illinois Department of Transportation.
Any person who unlawfully or maliciously removes, throws
down, damages or defaces any sign, signal, gate or other
protective device, located at or near any public grade
crossing, shall be guilty of a petty offense and fined not
less than $50 nor more than $200 for each offense. In
addition to fines levied under the provisions of this Section
a person adjudged guilty hereunder may also be directed to
make restitution for the costs of repair or replacement, or
both, necessitated by his misconduct.
It is the public policy of the State of Illinois to
enhance public safety by establishing safe grade crossings.
In order to implement this policy, the Illinois Commerce
Commission is directed to conduct public hearings and to
adopt specific criteria by July 1, 1994, that shall be
adhered to by the Illinois Commerce Commission in determining
if a grade crossing should be opened or abolished. The
following factors shall be considered by the Illinois
Commerce Commission in developing the specific criteria for
opening and abolishing grade crossings:
(a) timetable speed of passenger trains;
(b) distance to an alternate crossing;
(c) accident history for the last 5 years;
(d) number of vehicular traffic and posted speed
limits;
(e) number of freight trains and their timetable
speeds;
(f) the type of warning device present at the grade
crossing;
(g) alignments of the roadway and railroad, and the
angle of intersection of those alignments;
(h) use of the grade crossing by trucks carrying
hazardous materials, vehicles carrying passengers for
hire, and school buses; and
(i) use of the grade crossing by emergency
vehicles.
The Illinois Commerce Commission, upon petition to open
or abolish a grade crossing, shall enter an order opening or
abolishing the crossing if it meets the specific criteria
adopted by the Commission.
Except as otherwise provided in this subsection (3), in
no instance shall a grade crossing be permanently closed
without public hearing first being held and notice of such
hearing being published in an area newspaper of local general
circulation.
(4) Freight Trains - Radio Communications. The
Commission shall after hearing and order require that every
main line railroad freight train operating on main tracks
outside of yard limits within this State shall be equipped
with a radio communication system. The Commission after
notice and hearing may grant exemptions from the requirements
of this Section as to secondary and branch lines.
(5) Railroad Bridges and Trestles - Walkway and
Handrail. In cases in which the Commission finds the same to
be practical and necessary for safety of railroad employees,
bridges and trestles, over and upon which railroad trains are
operated, shall include as a part thereof, a safe and
suitable walkway and handrail on one side only of such bridge
or trestle, and such handrail shall be located at the outer
edge of the walkway and shall provide a clearance of not less
than 8 feet, 6 inches, from the center line of the nearest
track, measured at right angles thereto.
(6) Packages Containing Articles for First Aid to
Injured on Trains. All rail carriers shall provide a package
containing the articles prescribed by the Commission, on each
train or engine, for first aid to persons who may be injured
in the course of the operation of such trains.
(7) Abandoned Bridges, Crossings, and Other Rail Plant.
The Commission shall have authority, after notice and
hearing, to order:
(a) The removal of any abandoned railroad tracks
from roads, streets or other thoroughfares in this State;
and
(b) The removal of abandoned overhead railroad
structures crossing highways, waterways, or railroads.
The Commission may equitably apportion the cost of such
actions between the rail carrier or carriers, public
utilities, and the State, county, municipality, township,
road district, or other public authority in interest.
(8) Railroad-Highway Bridge Clearance. A vertical
clearance of not less than 23 feet above the top of rail
shall be provided for all new or reconstructed highway
bridges constructed over a railroad track. The Commission
may permit a lesser clearance if it determines that the 23
foot clearance standard cannot be justified based on
engineering, operational, and economic conditions.
(Source: P.A. 88-296; 89-699, eff. 1-16-97.)
(625 ILCS 5/18c-7502) (from Ch. 95 1/2, par. 18c-7502)
Sec. 18c-7502. Malicious Removal of or Damage to Rail
Property. Any person found to have removed, taken, stolen,
changed, added to, taken from, or in any manner interfered
with any of the parts or attachments of any locomotive or
car, or any plant or property used in or in connection with
the operation of any locomotive or car in this State, or any
person who causes or attempts to cause the derailment of an
engine, cars, or a track vehicle used on railroad tracks,
shall be guilty of a Class 4 felony. If any such action is
malicious and is the cause of wrecking any train, locomotive,
or car in this State whereby the life of any person is lost,
the person found guilty thereof shall be liable for first
degree murder as in other cases.
(Source: P.A. 85-293.)
(625 ILCS 5/18c-7503) (from Ch. 95 1/2, par. 18c-7503)
Sec. 18c-7503. Trespass on Railroad Rights of Way and
Yards. (1) Trespass on Rights of Way and Yards Prohibited.
(a) General Prohibition. Except as otherwise provided in
paragraph (b) of this subsection, no person may walk, ride,
drive or be upon or along the right of way or rail yard of a
rail carrier within the State, at a place other than a public
crossing.
(b) Exceptions. This subsection shall not apply to:
(i) passengers on trains or employees of a rail carrier;
(ii) an authorized representative of rail carrier
employees, while performing required duties in accordance
with reasonable rail carrier company guidelines;
(iii) a person going upon the right of way or into the
rail yard to save human life or to protect property;
(iv) a person being on the station grounds or in the
depot of the rail carrier for the purpose of transacting
business;
(v) a person, his family, or his employees or agents
going across a farm crossing, as defined in this Chapter, for
the purpose of crossing from one part to another part of a
farm he owns or leases, where the farm lies on both sides of
the right of way;
(vi) a person having written permission from the rail
carrier to go upon the right of way or into the rail yard;
and
(vii) representatives of state and federal governmental
agencies in performance of their official duties.
(2) Penalties. Violation of this Section shall subject
the violator to a fine line of not more than $500.
(3) Definition. For purposes of this Section, a "right
of way" means the track or roadbed owned or leased by a rail
carrier which is located on either side of its tracks and
which is readily recognizable to a reasonable person as being
rail carrier property or is reasonably identified as such by
fencing or appropriate signs.
(Source: P.A. 84-796; revised 12-18-97.)
INDEX
Statutes amended in order of appearance
35 ILCS 505/8 from Ch. 120, par. 424
625 ILCS 5/18c-7401 from Ch. 95 1/2, par. 18c-7401
625 ILCS 5/18c-7502 from Ch. 95 1/2, par. 18c-7502
625 ILCS 5/18c-7503 from Ch. 95 1/2, par. 18c-7503
625 ILCS 5/18c-7504 from Ch. 95 1/2, par. 18c-7504