Full Text of HB0535 100th General Assembly
HB0535ham001 100TH GENERAL ASSEMBLY | Rep. Jay Hoffman Filed: 3/15/2017
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| 1 | | AMENDMENT TO HOUSE BILL 535
| 2 | | AMENDMENT NO. ______. Amend House Bill 535 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Counties Code is amended by changing | 5 | | Section 5-1096 as follows:
| 6 | | (55 ILCS 5/5-1096) (from Ch. 34, par. 5-1096)
| 7 | | Sec. 5-1096. Community antenna television systems; | 8 | | interference with
and payment for access. | 9 | | (a) In any instance in which a county has granted
a | 10 | | franchise to any community antenna television company to | 11 | | construct,
operate or maintain a cable television system within | 12 | | a designated franchise
area, no property owner, condominium | 13 | | association, managing agent, lessee or
other person in | 14 | | possession or control of any residential building located
| 15 | | within such designated franchise area shall forbid or prevent | 16 | | any occupant,
tenant or lessee of any such building from |
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| 1 | | receiving cable television
service from such franchisee, nor | 2 | | demand or accept payment from any such
occupant, tenant or | 3 | | lessee in any form as a condition of permitting the
| 4 | | installation of cable television facilities or the maintenance | 5 | | of cable
television service in any such building or any portion | 6 | | thereof occupied or
leased by such occupant, tenant or lessee, | 7 | | nor shall any such property
owner, condominium association, | 8 | | managing agent, lessee or other person
discriminate in rental | 9 | | charges or otherwise against any occupant, tenant or
lessee | 10 | | receiving cable service; provided, however, that the owner of | 11 | | such
building may require, in exchange and as compensation for | 12 | | permitting the
installation of cable television facilities | 13 | | within and upon such building,
the payment of just compensation | 14 | | to be paid by the cable television
franchisee which provides | 15 | | such cable television service, said sum to be
determined in | 16 | | accordance with the provisions of subparagraphs (c) and (d)
| 17 | | hereof, and provided further that the cable television | 18 | | franchisee
installing such cable television facilities shall | 19 | | agree to indemnify the
owner of such building for any damage | 20 | | caused by the installation, operation
or removal of such cable | 21 | | television facilities and service.
| 22 | | No community antenna television company shall install | 23 | | cable television
facilities within a residential building | 24 | | pursuant to this subparagraph (a)
unless an occupant, tenant or | 25 | | lessee of such residential building requests
the delivery of | 26 | | cable television services.
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| 1 | | (b) In any instance in which a county has granted a | 2 | | franchise to any
community antenna television company to | 3 | | construct, operate or maintain a
cable television system within | 4 | | a designated franchise area, no property
owner, condominium | 5 | | association, managing agent, lessee or other person in
| 6 | | possession and control of any improved or unimproved real | 7 | | estate located
within such designated franchise area shall | 8 | | forbid or prevent such cable
television franchisee from | 9 | | entering upon such real estate for the purpose
of and in | 10 | | connection with the construction or installation of such cable
| 11 | | television system and cable television facilities, nor shall | 12 | | any such
property owner, condominium association, managing | 13 | | agent, lessee or other
person in possession or control of such | 14 | | real estate forbid or prevent such
cable television franchisee | 15 | | from constructing or installing upon, beneath
or over such real | 16 | | estate, including any buildings or other structures
located | 17 | | thereon, hardware, cable, equipment, materials or other cable
| 18 | | television facilities utilized by such cable franchisee in the | 19 | | construction
and installation of such cable television system; | 20 | | provided, however, that
the owner of any such real estate may | 21 | | require, in exchange and as
compensation for permitting the | 22 | | construction or installation of cable
television facilities | 23 | | upon, beneath or over such real estate, the payment
of just | 24 | | compensation by the cable television franchisee which provides | 25 | | such
cable television service, said sum to be determined in | 26 | | accordance with the
provisions of subparagraphs (c) and (d) |
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| 1 | | hereof, and provided further that
the cable television | 2 | | franchisee constructing or installing such cable
television | 3 | | facilities shall agree to indemnify the owner of such real
| 4 | | estate for any damage caused by the installation, operation or | 5 | | removal of
such cable television facilities and service.
| 6 | | (c) In any instance in which the owner of a residential | 7 | | building or the
owner of improved or unimproved real estate | 8 | | intends to require the payment of
just compensation in excess | 9 | | of $1 in exchange for permitting the installation
of cable | 10 | | television facilities in and upon such building, or upon, | 11 | | beneath
or over such real estate, the owner shall serve written | 12 | | notice thereof upon
the cable television franchisee. Any such | 13 | | notice shall be served within
20 days of the date on which such | 14 | | owner is notified of the cable television
franchisee's | 15 | | intention to construct or install cable television facilities
| 16 | | in and upon such building, or upon, beneath or over such real | 17 | | estate. Unless
timely notice as herein provided is given by the | 18 | | owner to the cable television
franchisee, it will be | 19 | | conclusively presumed that the owner of any such
building or | 20 | | real estate does not claim or intend to require a payment of
| 21 | | more than $1 in exchange and as just compensation for | 22 | | permitting the
installation of cable television facilities | 23 | | within and upon such building,
or upon, beneath or over such | 24 | | real estate. In any instance in which a cable
television | 25 | | franchisee intends to install cable television facilities as
| 26 | | herein provided, written notice of such intention shall be sent |
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| 1 | | by the
cable television franchisee to the property owner or to | 2 | | such person,
association or managing agent as shall have been | 3 | | appointed or otherwise
designated to manage or operate the | 4 | | property. Such notice shall include
the address of the | 5 | | property, the name of the cable television franchisee,
and | 6 | | information as to the time within which the owner may give | 7 | | notice,
demand payment as just compensation and initiate legal | 8 | | proceedings as
provided in this subparagraph (c) and | 9 | | subparagraph (d).
In any instance in which a community antenna | 10 | | television company intends to
install
cable television | 11 | | facilities within a residential building containing 12 or more
| 12 | | residential units or upon, beneath, or over real estate that is | 13 | | used as a site
for 12 or
more manufactured housing units,
12 or | 14 | | more mobile homes,
or a combination of 12 or more
manufactured | 15 | | housing units and mobile homes, the written notice shall | 16 | | further
provide that
the
property owner may require that the | 17 | | community antenna television company submit
to the owner | 18 | | written plans identifying the manner in which cable television
| 19 | | facilities
are to be installed, including the proposed location | 20 | | of coaxial cable.
Approval
of
those plans by the property owner | 21 | | shall not be unreasonably withheld and the
owners' consent to | 22 | | and approval of those plans shall be presumed unless, within
30
| 23 | | days after receipt thereof, or in the case of a condominium | 24 | | association, 90
days
after receipt thereof, the property owner | 25 | | identifies in writing the specific
manner in
which those plans | 26 | | deviate from generally accepted construction or safety
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| 1 | | standards,
and unless the property owner contemporaneously | 2 | | submits an alternative
construction plan providing for the | 3 | | installation of cable television facilities
in an
economically | 4 | | feasible manner. The community antenna television company may
| 5 | | proceed with the plans originally submitted if an alternative | 6 | | plan is not
submitted by
the property owner within 30 days, or | 7 | | in the case of a condominium association,
90
days, or if an | 8 | | alternative plan submitted by the property owner fails to | 9 | | comply
with
generally accepted construction and safety | 10 | | standards or does not provide for
the installation of cable | 11 | | television facilities in an economically feasible
manner.
For | 12 | | purposes of this subsection, "mobile home" and "manufactured | 13 | | housing unit"
have
the same meaning as in the Illinois | 14 | | Manufactured Housing and Mobile Home Safety
Act.
| 15 | | (d) Any owner of a residential building described in | 16 | | subparagraph (a),
and any owner of improved or unimproved real | 17 | | estate described in subparagraph
(b), who shall have given | 18 | | timely written notice to the cable television
franchisee as | 19 | | provided in subparagraph (c), may assert a claim for just
| 20 | | compensation in excess of $1 for permitting the installation of | 21 | | cable
television facilities within and upon such building, or | 22 | | upon, beneath or
over such real estate. Within 30 days after | 23 | | notice has been given in
accordance with subparagraph (c), the | 24 | | owner shall advise the cable
television franchisee in writing | 25 | | of the amount claimed as just compensation.
If within
60 days | 26 | | after the receipt of the owner's claim, the cable television |
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| 1 | | franchisee
has not agreed to pay the amount claimed or some | 2 | | other amount acceptable
to the owner, the owner may bring suit | 3 | | to enforce such claim for just
compensation in any court of | 4 | | competent jurisdiction and, upon timely demand,
may require | 5 | | that the amount of just compensation be determined by a jury.
| 6 | | Any such action shall be commenced within 6 months of the | 7 | | notice given by
the cable television franchisee pursuant to | 8 | | subparagraph (c) hereof. In
any action brought to determine | 9 | | such amount, the owner may submit evidence
of a decrease in the | 10 | | fair market value of the property occasioned by the
| 11 | | installation or location of the cable on the property, that the
| 12 | | owner has a specific alternative use for the space occupied by | 13 | | cable television
facilities, the loss of which will result in a | 14 | | monetary loss to the owner,
or that installation of cable | 15 | | television facilities within and upon such
building or upon, | 16 | | beneath or over such real estate otherwise substantially
| 17 | | interferes with the use and occupancy of such building to an | 18 | | extent which
causes a decrease in the fair market value of such | 19 | | building or real estate.
| 20 | | (e) Neither the giving of a notice by the owner under | 21 | | subparagraph (c),
nor the assertion of a specific claim, nor | 22 | | the initiation of legal action
to enforce such claim, as | 23 | | provided under subparagraph (d), shall delay or
impair the | 24 | | right of the cable television franchisee to construct or | 25 | | install
cable television facilities and maintain cable | 26 | | television services within
or upon any building described in |
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| 1 | | subparagraph (a) or upon, beneath or over
real estate described | 2 | | in subparagraph (b).
| 3 | | (f) Notwithstanding the foregoing, no community antenna | 4 | | television company
shall enter upon or cross any real estate or | 5 | | rights of way in the possession or control
of any public | 6 | | utility, railroad or owner or operator of an oil, petroleum
| 7 | | product, chemical or gas pipeline to install or remove cable | 8 | | television
facilities or to provide underground maintenance or | 9 | | repair services with
respect thereto, prior to delivery to the | 10 | | public utility, railroad or pipeline
owner or operator of | 11 | | written notice of intent to enter, install, maintain , cross,
or | 12 | | remove. For the purposes of this subsection (f), and only in | 13 | | the case of real estate or rights-of-way in possession of or in | 14 | | control of a railroad, "crossing" or "cross" means the
| 15 | | construction, operation, repair, or maintenance of a wire, | 16 | | cable, fiber, conduit, or
related facilities that are at, | 17 | | above, or below grade and crosses in a manner which
runs | 18 | | generally perpendicular to the railroad tracks or railroad | 19 | | right-of-way. No entry or crossing shall be made until at least | 20 | | 30 15 business days after
receipt of such written notice. Such | 21 | | written notice, which shall be delivered
to the registered | 22 | | agent of such public utility, railroad or pipeline owner
or | 23 | | operator shall include the following information:
| 24 | | (i) The date of the proposed installation, | 25 | | maintenance, repair , crossing,
or removal and projected | 26 | | length of time required to complete such installation,
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| 1 | | maintenance, repair or removal;
| 2 | | (ii) The manner and method of , and the detailed design | 3 | | and construction plans that conform to the applicable | 4 | | American Railway Engineering and Maintenance-of-Way | 5 | | Association standards for, such installation, maintenance, | 6 | | repair , crossing, or
removal;
| 7 | | (iii) The location of the proposed entry and path of | 8 | | cable television
facilities proposed to be placed, | 9 | | repaired, maintained or removed upon the
real estate or | 10 | | right of way; and
| 11 | | (iv) The written agreement of the community antenna | 12 | | television company
to indemnify and hold harmless such | 13 | | public utility, railroad or pipeline
owner or operator from | 14 | | the costs of any damages directly or indirectly
caused by | 15 | | the installation, maintenance, repair, operation, | 16 | | crossing, or removal of
cable television facilities. Upon | 17 | | request of the public utility, railroad,
or owner or | 18 | | operator of an oil, petroleum product, chemical or gas
| 19 | | pipeline, the community antenna television company shall | 20 | | provide proof that
it has purchased and will maintain a | 21 | | policy or policies of insurance in
amounts sufficient to | 22 | | provide coverage for personal injury and property
damage | 23 | | losses caused by or resulting from the installation, | 24 | | maintenance,
repair , crossing, or removal of cable | 25 | | television facilities. The written agreement
shall provide | 26 | | that the community antenna television company shall |
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| 1 | | maintain
such policies of insurance in full force and | 2 | | effect as long as cable
television facilities remain on the | 3 | | real estate or right of way ; and . | 4 | | (v) A statement, based upon information available to | 5 | | the community antenna
television company, confirming that | 6 | | the proposed crossing, installation,
maintenance, repair, | 7 | | or removal does not create a dangerous condition or | 8 | | threaten
public safety and will not adversely impact | 9 | | railroad operations or disrupt vital
transportation | 10 | | services.
| 11 | | For purposes of this subsection (f), "community antenna | 12 | | television company" includes, in the case of real estate or | 13 | | rights-of-way in possession of or in control of a railroad, a | 14 | | holder, cable operator, or broadband service provider, as those | 15 | | terms are defined in Section 21-201 of the Public Utilities | 16 | | Act. | 17 | | Within 30 15 business days of receipt of the written prior | 18 | | notice of entry
the public utility, railroad or pipeline owner | 19 | | or operator shall investigate
and determine whether or not the | 20 | | proposed entry and installation or repair,
maintenance, | 21 | | crossing, or removal would create a dangerous condition | 22 | | threatening the
safety of the public or the safety of its | 23 | | employees or threatening to cause
an interruption of the | 24 | | furnishing of vital transportation, utility or pipeline
| 25 | | services and upon so finding shall so notify the community | 26 | | antenna television
company of such decision in writing. Initial |
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| 1 | | determination of the existence
of such a dangerous condition or | 2 | | interruption of services shall be made
by the public utility, | 3 | | railroad or pipeline owner or operator whose real
estate or | 4 | | right of way is involved. In the event that the community | 5 | | antenna
television company disagrees with such determination, | 6 | | a determination of
whether such entry and installation, | 7 | | maintenance, repair , crossing, or removal would
create such a | 8 | | dangerous condition or interrupt services shall , upon the | 9 | | application of the community antenna television company, be | 10 | | made by the Illinois Commerce Commission Transportation | 11 | | Division in accordance with the Commission's Rail Safety | 12 | | Program
a court of competent jurisdiction upon the application | 13 | | of such community
antenna television company . An initial | 14 | | written determination of a public
utility, railroad, or | 15 | | pipeline owner or operator timely made and transmitted
to the | 16 | | community antenna television company, in the absence of a | 17 | | determination
by a court of competent jurisdiction or an | 18 | | Illinois Commerce Commission Transportation Division finding | 19 | | to the contrary, bars the entry of
the community antenna | 20 | | television company upon the real estate or right of
way for any | 21 | | purpose.
| 22 | | Any public utility, railroad or pipeline owner or operator | 23 | | may assert
a written claim against any community antenna | 24 | | television company for just
compensation within 30 days after | 25 | | written notice has been given in accordance
with this | 26 | | subparagraph (f). If, within 60 days after the receipt of such
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| 1 | | claim for compensation, the community antenna television | 2 | | company has not
agreed to the amount claimed or some other | 3 | | amount acceptable to the public
utility, railroad or pipeline | 4 | | owner or operator, the public utility, railroad
or pipeline | 5 | | owner or operator may bring suit to enforce such claim for just
| 6 | | compensation in any court of competent jurisdiction and, upon | 7 | | timely demand,
may require that the amount of just compensation | 8 | | be determined by a jury.
Any such action shall be commenced | 9 | | within 6 months of the notice provided
for in this subparagraph | 10 | | (f). In any action brought to determine such just
compensation, | 11 | | the public utility, railroad or pipeline owner or operator
may | 12 | | submit such evidence as may be relevant to the issue of just | 13 | | compensation.
Neither the assertion of a claim for compensation | 14 | | nor the initiation of
legal action to enforce such claim shall | 15 | | delay or impair the right of the
community antenna television | 16 | | company to construct or install cable television
facilities | 17 | | upon any real estate or rights of way of any public utility,
| 18 | | railroad or pipeline owner or operator.
| 19 | | To the extent that the public utility, railroad, or owner | 20 | | or operator
of an oil, petroleum product, chemical or gas | 21 | | pipeline deems it appropriate
to supervise, monitor or | 22 | | otherwise assist the community antenna television
company in | 23 | | connection with the installation, maintenance, repair , | 24 | | crossing, or removal
of cable television facilities upon such | 25 | | real estate or rights of way, the
community antenna television | 26 | | company shall reimburse the public utility,
railroad or owner |
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| 1 | | or operator of an oil, petroleum product, chemical or gas
| 2 | | pipeline for costs reasonable and actually incurred in | 3 | | connection therewith.
| 4 | | The provisions of this subparagraph (f) shall not be | 5 | | applicable to any
easements, rights of way or ways for public | 6 | | service facilities in which
public utilities, other than | 7 | | railroads, have any interest pursuant to "an
Act to revise the | 8 | | law in relation to plats" approved March 21, 1874, and
all | 9 | | ordinances enacted pursuant thereto. Such easements, rights of | 10 | | way
and ways for public service facilities are hereby declared | 11 | | to be apportionable
and upon written request by a community | 12 | | antenna television company, public
utilities shall make such | 13 | | easements, rights of way and ways for public service
facilities | 14 | | available for the construction, maintenance, repair or removal | 15 | | of
cable television facilities provided that such | 16 | | construction, maintenance,
repair or removal does not create a | 17 | | dangerous condition threatening the safety
of the public or the | 18 | | safety of such public utility employees or threatening
to cause | 19 | | an interruption of the furnishing of vital utility service. | 20 | | Initial
determination of the existence of such a dangerous | 21 | | condition or interruption
of services shall be made by the | 22 | | public utility whose easement, right of
way or way for public | 23 | | service facility is involved. In the event the community
| 24 | | antenna television company disagrees with such determination, | 25 | | a determination
of whether such construction, maintenance, | 26 | | repair or removal would create
such a dangerous condition or |
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| 1 | | threaten to interrupt vital utility services,
shall be made by | 2 | | a court of competent jurisdiction upon the application
of such | 3 | | community antenna television company.
| 4 | | If a county notifies or a county requires a developer to | 5 | | notify a public
utility
before or after issuing a permit or | 6 | | other authorization for the construction of
residential
| 7 | | buildings, then the county or developer shall, at the same | 8 | | time, similarly
notify any
community antenna television system | 9 | | franchised by or within that county.
| 10 | | In addition to such other notices as may be required by | 11 | | this subparagraph
(f), a community antenna television company | 12 | | shall not enter upon the real
estate or rights of way of any | 13 | | public utility, railroad or pipeline owner
or operator for the | 14 | | purposes of above-ground maintenance or repair of its
| 15 | | television cable facilities without giving 96 hours prior | 16 | | written notice
to the registered agent of the public utility, | 17 | | railroad or pipeline owner
or operator involved, or in the case | 18 | | of a public utility, notice may be
given through the statewide | 19 | | one-call notice system provided for by General
Order of the | 20 | | Illinois Commerce Commission or, if in Chicago, through the
| 21 | | system known as the Chicago Utility Alert Network.
| 22 | | (Source: P.A. 93-219, eff. 1-1-04.)
| 23 | | Section 10. The Illinois Municipal Code is amended by | 24 | | changing Section 11-42-11.1 as follows:
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| 1 | | (65 ILCS 5/11-42-11.1) (from Ch. 24, par. 11-42-11.1)
| 2 | | Sec. 11-42-11.1.
(a) In any instance in which a | 3 | | municipality has (i)
granted a franchise to any community | 4 | | antenna television company or (ii)
decided for the municipality | 5 | | itself to construct, operate or maintain a
cable television | 6 | | system within a designated area, no property owner,
condominium | 7 | | association, managing agent, lessee or other person in
| 8 | | possession or control of any residential building located | 9 | | within the
designated area shall forbid or prevent any | 10 | | occupant, tenant or lessee of
any such building from receiving | 11 | | cable television service from such
franchisee or municipality, | 12 | | nor demand or accept payment from any such
occupant, tenant or | 13 | | lessee in any form as a condition of permitting the
| 14 | | installation of cable television facilities or the maintenance | 15 | | of cable
television service in any such building or any portion | 16 | | thereof occupied or
leased by such occupant, tenant or lessee, | 17 | | nor shall any such property
owner, condominium association, | 18 | | managing agent, lessee or other person
discriminate in rental | 19 | | charges or otherwise against any occupant, tenant or
lessee | 20 | | receiving cable service; provided, however, that the owner of | 21 | | such
building may require, in exchange and as compensation for | 22 | | permitting the
installation of cable television facilities | 23 | | within and upon such building,
the payment of just compensation | 24 | | by the cable television franchisee which
provides such cable | 25 | | television service, said sum to be determined in
accordance | 26 | | with the provisions of subparagraphs (c) and (d) hereof, and
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| 1 | | provided further that the cable television franchisee | 2 | | installing such cable
television facilities shall agree to | 3 | | indemnify the owner of such building
for any damage caused by | 4 | | the installation, operation or removal of such
cable television | 5 | | facilities and service.
| 6 | | No community antenna television company shall install | 7 | | cable television
facilities within a residential building | 8 | | pursuant to this subparagraph (a)
unless an occupant, tenant or | 9 | | lessee of such residential building requests
the delivery of | 10 | | cable television services.
In any instance in which a request | 11 | | for service is made by more than 3
occupants, tenants or | 12 | | lessees of a residential building, the community
antenna | 13 | | television company may install cable television facilities
| 14 | | throughout the building in a manner which enables the community | 15 | | antenna
television company to provide cable television | 16 | | services to occupants,
tenants or lessees of other residential | 17 | | units without requiring the
installation of additional cable | 18 | | television facilities other than within
the residential units | 19 | | occupied by such other occupants, tenants or lessees.
| 20 | | (b) In any instance in which a municipality has (i) granted | 21 | | a franchise
to any community antenna television company or (ii) | 22 | | decided for the
municipality itself to construct, operate or | 23 | | maintain a cable television
system within a designated area, no | 24 | | property owner, condominium
association, managing agent, | 25 | | lessee or other person in possession and
control of any | 26 | | improved or unimproved real estate located within such
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| 1 | | designated area shall forbid or prevent such cable television | 2 | | franchisee or
municipality from entering upon such real estate | 3 | | for the purpose of and in
connection with the construction or | 4 | | installation of such cable television
system and cable | 5 | | television facilities, nor shall any such property owner,
| 6 | | condominium association, managing agent, lessee or other | 7 | | person in
possession or control of such real estate forbid or | 8 | | prevent such cable
television franchisee or municipality from | 9 | | constructing or installing upon,
beneath or over such real | 10 | | estate, including any buildings or other
structures located | 11 | | thereon, hardware, cable, equipment, materials or other
cable | 12 | | television facilities utilized by such cable franchisee
or | 13 | | municipality in the construction and installation of such cable
| 14 | | television system; provided, however, that the owner of any | 15 | | such real
estate may require, in exchange and as compensation | 16 | | for permitting the
construction or installation of cable | 17 | | television facilities upon, beneath
or over such real estate, | 18 | | the payment of just compensation by the cable
television | 19 | | franchisee which provides such cable television service, said
| 20 | | sum to be determined in accordance with the provisions of | 21 | | subparagraphs (c)
and (d) hereof, and provided further that the | 22 | | cable television franchisee
constructing or installing such | 23 | | cable television facilities shall agree to
indemnify the owner | 24 | | of such real estate for any damage caused by the
installation, | 25 | | operation or removal of such cable television facilities
and | 26 | | service.
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| 1 | | (c) In any instance in which the owner of a residential | 2 | | building or the
owner of improved or unimproved real estate | 3 | | intends to require the payment of
just compensation in excess | 4 | | of $1 in exchange for permitting the installation
of cable | 5 | | television facilities in and upon such building, or upon, | 6 | | beneath
or over such real estate, the owner shall serve written | 7 | | notice thereof upon
the cable television franchisee. Any such | 8 | | notice shall be served within
20 days of the date on which such | 9 | | owner is notified of the cable television
franchisee's | 10 | | intention to construct or install cable television facilities
| 11 | | in and upon such building, or upon, beneath or over such real | 12 | | estate. Unless
timely notice as herein provided is given by the | 13 | | owner to the cable television
franchisee, it will be | 14 | | conclusively presumed that the owner of any such
building or | 15 | | real estate does not claim or intend to require a payment of | 16 | | more
than $1 in exchange and as just compensation for | 17 | | permitting the installation
of cable television facilities | 18 | | within and upon such building, or upon, beneath
or over such | 19 | | real estate. In any instance in which a cable television
| 20 | | franchisee intends to install cable television facilities as | 21 | | herein
provided, written notice of such intention shall be sent | 22 | | by the cable
television franchisee to the property owner or to | 23 | | such person, association
or managing agent as shall have been | 24 | | appointed or otherwise designated to
manage or operate the | 25 | | property. Such notice shall include the address of
the | 26 | | property, the name of the cable television franchisee, and |
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| 1 | | information
as to the time within which the owner may give | 2 | | notice, demand payment as
just compensation and initiate legal | 3 | | proceedings as provided in this
subparagraph (c) and | 4 | | subparagraph (d). In any instance in which a community
antenna | 5 | | television company intends to install cable television | 6 | | facilities
within a residential building containing 12 or more | 7 | | residential units
or upon, beneath, or over real estate that is | 8 | | used as a site for 12 or more
manufactured housing units,
12 or | 9 | | more mobile homes,
or a combination of 12 or more
manufactured | 10 | | housing units and mobile homes, the
written notice shall | 11 | | further provide that the property owner may require
that the | 12 | | community antenna television company submit to the owner | 13 | | written
plans identifying the manner in which cable television | 14 | | facilities are to be
installed, including the proposed location | 15 | | of coaxial cable. Approval of
such plans by the property owner | 16 | | shall not be unreasonably withheld and
such owners' consent to | 17 | | and approval of such plans shall be presumed
unless, within 30 | 18 | | days after receipt thereof, or in the case of a
condominium | 19 | | association, 90 days after receipt thereof, the property owner
| 20 | | identifies in writing the specific manner in which such plans | 21 | | deviate from
generally accepted construction or safety | 22 | | standards, and unless the
property owner contemporaneously | 23 | | submits an alternative construction plan
providing for the | 24 | | installation of cable television facilities in an
economically | 25 | | feasible manner. The community antenna television company may
| 26 | | proceed with the plans originally submitted if an alternative |
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| 1 | | plan is not
submitted by the property owner within 30 days, or | 2 | | in the case of a
condominium association, 90 days, or if an | 3 | | alternative plan submitted by
the property owner fails to | 4 | | comply with generally accepted construction and
safety | 5 | | standards or does not provide for the installation of cable
| 6 | | television facilities in an economically feasible manner.
For | 7 | | purposes of this subsection, "mobile home" and "manufactured | 8 | | housing
unit" have
the same meaning as in the Illinois | 9 | | Manufactured Housing and Mobile Home Safety
Act.
| 10 | | (d) Any owner of a residential building described in | 11 | | subparagraph (a),
and any owner of improved or unimproved real | 12 | | estate described in subparagraph
(b), who shall have given | 13 | | timely written notice to the cable television
franchisee as | 14 | | provided in subparagraph (c), may assert a claim for just
| 15 | | compensation in excess of $1 for permitting the installation of | 16 | | cable
television facilities within and upon such building, or | 17 | | upon, beneath or
over such real estate. Within 30 days after | 18 | | notice has been given in
accordance with subparagraph (c), the | 19 | | owner shall advise the cable
television franchisee in writing | 20 | | of the amount claimed as just
compensation. If within 60 days | 21 | | after the receipt of the owner's claim,
the cable television | 22 | | franchisee has not agreed to pay the amount claimed or
some | 23 | | other amount acceptable to the owner, the owner may bring suit | 24 | | to
enforce such claim for just compensation in any court of | 25 | | competent
jurisdiction and, upon timely demand, may require | 26 | | that the amount of just
compensation be determined by a jury. |
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| 1 | | Any such action shall be commenced
within 6 months of the | 2 | | notice given by the cable television franchisee
pursuant to | 3 | | subparagraph (c) hereof. In any action brought to determine
| 4 | | such amount, the owner may submit evidence of a decrease in the | 5 | | fair market
value of the property occasioned by the | 6 | | installation or location of the
cable on the property, that the | 7 | | owner has a specific alternative use for
the space occupied by | 8 | | cable television facilities, the loss of which will
result in a | 9 | | monetary loss to the owner, or that installation of cable
| 10 | | television facilities within and upon such building or upon, | 11 | | beneath or
over such real estate otherwise substantially | 12 | | interferes with the use and
occupancy of such building to an | 13 | | extent which causes a decrease in the fair
market value of such | 14 | | building or real estate.
| 15 | | (e) Neither the giving of a notice by the owner under | 16 | | subparagraph
(c), nor the assertion of a specific claim, nor | 17 | | the initiation of legal
action to enforce such claim, as | 18 | | provided under subparagraph (d), shall
delay or impair the | 19 | | right of the cable television franchisee to construct
or | 20 | | install cable television facilities and maintain cable | 21 | | television
services within or upon any building described in | 22 | | subparagraph (a) or upon,
beneath or over real estate described | 23 | | in subparagraph (b).
| 24 | | (f) Notwithstanding the foregoing, no community antenna | 25 | | television
company or municipality shall enter upon or cross | 26 | | any real estate or rights of way
in the possession or control |
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| 1 | | of any public utility, railroad or owner or
operator of an oil, | 2 | | petroleum product, chemical or gas pipeline to install
or | 3 | | remove cable television facilities or to provide underground | 4 | | maintenance
or repair services with respect thereto, prior to | 5 | | delivery to the public
utility, railroad or pipeline owner or | 6 | | operator of written notice of intent
to enter, install, | 7 | | maintain , cross, or remove. For the purposes of this subsection | 8 | | (f), and only in the case of real estate or rights-of-way in | 9 | | possession of or in control of a railroad, "crossing" or | 10 | | "cross" means the
construction, operation, repair, or | 11 | | maintenance of a wire, cable, fiber, conduit, or
related | 12 | | facilities that are at, above or below grade and crosses in a | 13 | | manner that
runs generally perpendicular to the railroad tracks | 14 | | or railroad right-of-way. No entry or crossing shall be made | 15 | | until at
least 30 15 business days after receipt of such | 16 | | written notice. Such written
notice, which shall be delivered | 17 | | to the registered agent of such public
utility, railroad or | 18 | | pipeline owner or operator shall include the following
| 19 | | information:
| 20 | | (i) The date of the proposed installation, | 21 | | maintenance, repair , crossing, or
removal and projected | 22 | | length of time required to complete such
installation, | 23 | | maintenance, repair or removal;
| 24 | | (ii) The manner and method of , and the detailed design | 25 | | and construction plans that conform to the applicable | 26 | | American Railway Engineering and Maintenance-of-Way |
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| 1 | | Association standards for, such installation, maintenance,
| 2 | | repair , crossing, or removal;
| 3 | | (iii) The location of the proposed entry and path of | 4 | | cable television
facilities proposed to be placed, | 5 | | repaired, maintained or removed upon the
real estate or | 6 | | right of way; and
| 7 | | (iv) The written agreement of the community antenna | 8 | | television company
to indemnify and hold harmless such | 9 | | public utility, railroad or pipeline
owner or operator from | 10 | | the costs of any damages directly or indirectly
caused by | 11 | | the installation, maintenance, repair, operation, | 12 | | crossing, or removal of
cable television facilities. Upon | 13 | | request of the public utility, railroad,
or owner or | 14 | | operator of an oil, petroleum product, chemical or gas
| 15 | | pipeline, the community antenna television company shall | 16 | | provide proof that
it has purchased and will maintain a | 17 | | policy or policies of insurance in
amounts sufficient to | 18 | | provide coverage for personal injury and property
damage | 19 | | losses caused by or resulting from the installation, | 20 | | maintenance,
repair , crossing, or removal of cable | 21 | | television facilities. The written agreement
shall provide | 22 | | that the community antenna television company shall | 23 | | maintain
such policies of insurance in full force and | 24 | | effect as long as cable
television facilities remain on the | 25 | | real estate or right of way ; and . | 26 | | (v) A statement, based upon information available to |
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| 1 | | the community antenna
television company, confirming that | 2 | | the proposed crossing, installation,
maintenance, repair, | 3 | | or removal does not create a dangerous condition or | 4 | | threaten
public safety and will not adversely impact | 5 | | railroad operations or disrupt vital
transportation | 6 | | services. | 7 | | For purposes of this subsection (f), and only in the case | 8 | | of real estate or rights-of-way in possession of or in control | 9 | | of a railroad, "community antenna television company" includes | 10 | | a holder, cable operator, or broadband service provider, as | 11 | | those terms are defined in Section 21-201 of the Public | 12 | | Utilities Act.
| 13 | | Within 15 business days of receipt of the written prior | 14 | | notice of entry
the public utility, railroad or pipeline owner | 15 | | or operator shall investigate
and determine whether or not the | 16 | | proposed entry and installation or repair,
maintenance, or | 17 | | removal would create a dangerous condition threatening the
| 18 | | safety of the public or the safety of its employees or | 19 | | threatening to cause
an interruption of the furnishing of vital | 20 | | transportation, utility or pipeline
services and upon so | 21 | | finding shall so notify the community antenna television
| 22 | | company or municipality of such decision in writing. Initial | 23 | | determination
of the existence of such a dangerous condition or | 24 | | interruption of services
shall be made by the public utility, | 25 | | railroad or pipeline owner or operator
whose real estate or | 26 | | right of way is involved. In the event that the
community |
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| 1 | | antenna television company or municipality disagrees with such
| 2 | | determination, a determination of whether such entry and | 3 | | installation,
maintenance, repair , crossing, or removal would | 4 | | create such a dangerous condition or
interrupt services shall , | 5 | | upon application of the community antenna television company, | 6 | | be made by the Illinois Commerce Commission Transportation | 7 | | Division in accordance with the Commission's Rail Safety | 8 | | Program a court of competent jurisdiction upon
the application | 9 | | of such community antenna television company or
municipality . | 10 | | An initial written determination of a public utility,
railroad, | 11 | | or pipeline owner or operator timely made and transmitted to | 12 | | the
community antenna television company or municipality, in | 13 | | the absence of a
determination by the Illinois Commerce | 14 | | Commission Transportation Division, in accordance with the | 15 | | Commission's Rail Safety Program, or a court of competent | 16 | | jurisdiction finding to the contrary,
bars the entry of the | 17 | | community antenna television company or municipality
upon the | 18 | | real estate or right of way for any purpose.
| 19 | | Any public utility, railroad or pipeline owner or operator | 20 | | may assert
a written claim against any community antenna | 21 | | television company for just
compensation within 30 days after | 22 | | written notice has been given in accordance
with this | 23 | | subparagraph (f). If, within 60 days after the receipt of such
| 24 | | claim for compensation, the community antenna television | 25 | | company has not
agreed to the amount claimed or some other | 26 | | amount acceptable to the public
utility, railroad or pipeline |
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| 1 | | owner or operator, the public utility, railroad
or pipeline | 2 | | owner or operator may bring suit to enforce such claim for just
| 3 | | compensation in any court of competent jurisdiction and, upon | 4 | | timely demand,
may require that the amount of just compensation | 5 | | be determined by a jury.
Any such action shall be commenced | 6 | | within 6 months of the notice provided
for in this subparagraph | 7 | | (f). In any action brought to determine such just
compensation, | 8 | | the public utility, railroad or pipeline owner or operator
may | 9 | | submit such evidence as may be relevant to the issue of just | 10 | | compensation.
Neither the assertion of a claim for compensation | 11 | | nor the initiation of
legal action to enforce such claim shall | 12 | | delay or impair the right of the
community antenna television | 13 | | company to construct or install cable television
facilities | 14 | | upon any real estate or rights of way of any public utility,
| 15 | | railroad or pipeline owner or operator.
| 16 | | To the extent that the public utility, railroad, or owner | 17 | | or operator
of an oil, petroleum product, chemical or gas | 18 | | pipeline deems it appropriate
to supervise, monitor or | 19 | | otherwise assist the community antenna television
company in | 20 | | connection with the installation, maintenance, repair or | 21 | | removal
of cable television facilities upon such real estate or | 22 | | rights of way, the
community antenna television company shall | 23 | | reimburse the public utility,
railroad or owner or operator of | 24 | | an oil, petroleum product, chemical or gas
pipeline for costs | 25 | | reasonable and actually incurred in connection therewith.
| 26 | | The provisions of this subparagraph (f) shall not be |
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| 1 | | applicable to any
easements, rights of way or ways for public | 2 | | service facilities in which
public utilities, other than | 3 | | railroads, have any interest pursuant to "An
Act to revise the | 4 | | law in relation to plats", approved March 21, 1874,
as amended, | 5 | | and all ordinances enacted pursuant thereto. Such easements,
| 6 | | rights of way and ways for public service facilities are hereby | 7 | | declared to
be apportionable and upon written request by a | 8 | | community antenna television
company, public utilities shall | 9 | | make such easements, rights of way and ways
for public service | 10 | | facilities available for the construction, maintenance,
repair | 11 | | or removal of cable television facilities provided that such
| 12 | | construction, maintenance, repair or removal does not create a | 13 | | dangerous
condition threatening the safety of the public or the | 14 | | safety of such public
utility employees or threatening to cause | 15 | | an interruption of the furnishing
of vital utility service. | 16 | | Initial determination of the existence of such a
dangerous | 17 | | condition or interruption of services shall be made by the | 18 | | public
utility whose easement, right of way or way for public | 19 | | service facility is
involved. In the event the community | 20 | | antenna television company or
municipality disagrees with such | 21 | | determination, a determination of whether
such construction, | 22 | | maintenance, repair or removal would create such a
dangerous | 23 | | condition or threaten to interrupt vital utility services, | 24 | | shall
be made by a court of competent jurisdiction upon the | 25 | | application of such
community antenna television company.
| 26 | | If a municipality notifies or a municipality requires a |
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| 1 | | developer to
notify
a public
utility before or after issuing a | 2 | | permit or other authorization for the
construction of
| 3 | | residential buildings, then the municipality or developer | 4 | | shall, at the same
time, similarly
notify any community antenna | 5 | | television system franchised by or within that
municipality.
| 6 | | In addition to such other notices as may be required by | 7 | | this subparagraph
(f), a community antenna television company | 8 | | or municipality shall not
enter upon the real estate or rights | 9 | | of way of any public utility, railroad
or pipeline owner or | 10 | | operator for the purposes of above-ground maintenance
or repair | 11 | | of its television cable facilities without giving 96 hours | 12 | | prior
written notice to the registered agent of the public | 13 | | utility, railroad or
pipeline owner or operator involved, or in | 14 | | the case of a public utility,
notice may be given through the | 15 | | statewide one-call notice system provided
for by General Order | 16 | | of the Illinois Commerce Commission or, if in Chicago,
through | 17 | | the system known as the Chicago Utility Alert Network.
| 18 | | (Source: P.A. 93-219, eff. 1-1-04 .)
| 19 | | Section 15. The Crossing of Railroad
Right-of-way Act is | 20 | | amended by changing Section 5 as follows: | 21 | | (220 ILCS 70/5)
| 22 | | Sec. 5. Definitions. As used in this Act, unless the | 23 | | context otherwise
requires:
| 24 | | "Crossing" means the construction, operation, repair, or |
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| 1 | | maintenance of a
facility over, under, or across a railroad | 2 | | right-of-way by a utility when the right-of-way is owned by a | 3 | | land management company and not a registered rail carrier.
| 4 | | "Direct expenses" includes, but is not limited to, any or | 5 | | all of the
following:
| 6 | | (1) The cost of inspecting and monitoring the crossing | 7 | | site.
| 8 | | (2) Administrative and engineering costs for review of | 9 | | specifications and
for
entering a crossing on the | 10 | | railroad's books, maps, and property records and
other
| 11 | | reasonable administrative and engineering costs incurred | 12 | | as a result of the
crossing.
| 13 | | (3) Document and preparation fees associated with a | 14 | | crossing, and any
engineering specifications related to | 15 | | the crossing.
| 16 | | (4) Damages assessed in connection with the rights | 17 | | granted to a utility with respect to a crossing.
| 18 | | "Facility" means any cable, conduit, wire, pipe, casing | 19 | | pipe, supporting
poles
and guys, manhole, or other material or | 20 | | equipment, that is used by a utility to
furnish any of the | 21 | | following:
| 22 | | (1) Communications, video, or information services.
| 23 | | (2) Electricity.
| 24 | | (3) Gas by piped system.
| 25 | | (4) Sanitary and storm sewer service.
| 26 | | (5) Water by piped system.
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| 1 | | "Land management company" means an entity that is the | 2 | | owner, manager, or agent of a railroad right-of-way and is not | 3 | | a registered rail carrier.
| 4 | | "Railroad right-of-way" means one or more of the following:
| 5 | | (1) A right-of-way or other interest in real estate | 6 | | that is owned or
operated
by a land management company and | 7 | | not a registered rail carrier.
| 8 | | (2) Any other interest in a former railroad | 9 | | right-of-way that has been
acquired or is operated by a | 10 | | land management company or similar entity.
| 11 | | "Special circumstances" means either or both of the | 12 | | following:
| 13 | | (1) The characteristics of a segment of a railroad | 14 | | right-of-way not found in a typical segment of a railroad | 15 | | right-of-way that enhance the value or increase the damages | 16 | | or the engineering or construction expenses for the land | 17 | | management company associated with a proposed crossing, or | 18 | | to the current or reasonably anticipated use by a land | 19 | | management company of the railroad right-of-way, | 20 | | necessitating additional terms and conditions or | 21 | | compensation associated with a crossing.
| 22 | | (2) Variances from the standard specifications | 23 | | requested by the land management company. | 24 | | "Special circumstances" may include, but is not limited to, | 25 | | the railroad right-of-way segment's relationship to other | 26 | | property, location in urban or other developed areas, the |
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| 1 | | existence of unique topography or natural resources, or other | 2 | | characteristics or dangers inherent in the particular crossing | 3 | | or segment of the railroad right-of-way.
| 4 | | "Utility" shall include (1) public utilities as defined in | 5 | | Section 3-105 of the Public Utilities
Act, (2) | 6 | | telecommunications carriers as defined in Section 13-202 of the | 7 | | Public Utilities Act, (3) electric cooperatives as defined in | 8 | | Section 3.4 of the Electric Supplier Act, (4) telephone or | 9 | | telecommunications cooperatives as defined in Section 13-212 | 10 | | of the Public Utilities Act, (5) rural water or waste water | 11 | | systems with 10,000 connections or less, (6) a holder as | 12 | | defined in Section 21-201 of the Public Utilities Act, (7) | 13 | | municipalities owning or operating utility systems consisting | 14 | | of public utilities as that term is defined in Section 11-117-2 | 15 | | of the Illinois Municipal Code, and (8) a cable operator that | 16 | | is issued a cable television franchise by the municipality or | 17 | | county pursuant to Section 11-42-11 of the Illinois Municipal | 18 | | Code or Section 5-1095 of the Counties Code , and (9) a provider | 19 | | of broadband service as that term is defined in Section 21-201 | 20 | | of the Public Utilities Act .
| 21 | | (Source: P.A. 99-525, eff. 6-30-16.) | 22 | | Section 20. The Illinois Vehicle Code is amended by | 23 | | changing Section 18c-7401 as follows: | 24 | | (625 ILCS 5/18c-7401) (from Ch. 95 1/2, par. 18c-7401)
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| 1 | | Sec. 18c-7401. Safety Requirements for Track, Facilities, | 2 | | and
Equipment.
| 3 | | (1) General Requirements. Each rail carrier shall, | 4 | | consistent with rules,
orders, and regulations of the Federal | 5 | | Railroad Administration, construct,
maintain, and operate all | 6 | | of its equipment, track, and other property in this
State in | 7 | | such a manner as to pose no undue risk to its employees or the | 8 | | person
or property of any member of the public.
| 9 | | (2) Adoption of Federal Standards. The track safety | 10 | | standards and
accident/incident standards promulgated by the | 11 | | Federal Railroad Administration
shall be safety standards of | 12 | | the Commission. The Commission may, in addition,
adopt by | 13 | | reference in its regulations other federal railroad safety | 14 | | standards,
whether contained in federal statutes or in | 15 | | regulations adopted pursuant to
such statutes.
| 16 | | (3) Railroad Crossings. No public road, highway, or street | 17 | | shall hereafter
be constructed across the track of any rail | 18 | | carrier at grade, nor shall the
track of any rail carrier be | 19 | | constructed across a public road, highway or
street at grade, | 20 | | without having first secured the permission of the Commission;
| 21 | | provided, that this Section shall not apply to the replacement | 22 | | of lawfully
existing roads, highways and tracks.
No public | 23 | | pedestrian bridge or subway shall be constructed across the | 24 | | track
of any rail carrier without having first secured the | 25 | | permission of the
Commission.
The Commission shall have the | 26 | | right to
refuse its permission or to grant it upon such terms |
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| 1 | | and conditions as it may
prescribe.
The Commission shall have | 2 | | power to determine and prescribe the
manner, including the | 3 | | particular point of crossing, and the terms of
installation, | 4 | | operation, maintenance, use and protection of each such | 5 | | crossing.
| 6 | | The Commission shall also have power, after a hearing, to
| 7 | | require major alteration of or to abolish any crossing,
| 8 | | heretofore or hereafter established, when in its opinion, the
| 9 | | public safety requires such alteration or abolition, and,
| 10 | | except in cities, villages and incorporated towns of
1,000,000 | 11 | | or more inhabitants, to vacate and close that part
of the | 12 | | highway on such crossing altered or abolished and
cause | 13 | | barricades to be erected across such highway in such
manner as | 14 | | to prevent the use of such crossing as a highway,
when, in the | 15 | | opinion of the Commission, the public
convenience served by the | 16 | | crossing in question is not such as
to justify the further | 17 | | retention thereof; or to require a
separation of grades, at | 18 | | railroad-highway grade crossings; or to
require a
separation of | 19 | | grades at any proposed crossing where a
proposed public highway | 20 | | may cross the tracks of any rail
carrier or carriers; and to | 21 | | prescribe, after a hearing of the parties,
the terms upon which | 22 | | such separations shall be made and the
proportion in which the | 23 | | expense of the alteration or
abolition of such crossings or the | 24 | | separation of such grades, having regard
to the benefits, if | 25 | | any, accruing to the rail carrier or any party in
interest,
| 26 | | shall be divided between the rail carrier or carriers affected, |
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| 1 | | or
between such carrier or carriers and the State, county, | 2 | | municipality
or other public authority in interest.
However, a | 3 | | public hearing by the Commission to abolish a crossing shall | 4 | | not
be required
when the public highway authority in interest | 5 | | vacates the highway. In such
instance
the rail carrier, | 6 | | following notification to the Commission and the highway
| 7 | | authority, shall remove any grade crossing warning devices and | 8 | | the grade
crossing surface.
| 9 | | The Commission shall also have power by its order to | 10 | | require
the reconstruction, minor alteration, minor relocation | 11 | | or
improvement of any crossing (including the necessary highway
| 12 | | approaches thereto) of any railroad across any highway or
| 13 | | public road, pedestrian bridge, or pedestrian subway, whether | 14 | | such crossing
be at grade
or by overhead
structure or by | 15 | | subway, whenever the Commission finds after a
hearing or | 16 | | without a hearing as otherwise provided in this
paragraph that | 17 | | such reconstruction, alteration, relocation or
improvement is | 18 | | necessary to preserve or promote the safety or
convenience of | 19 | | the public or of the employees or passengers
of such rail | 20 | | carrier or carriers. By its original order or
supplemental | 21 | | orders in such case, the Commission may direct such
| 22 | | reconstruction, alteration, relocation, or improvement to be
| 23 | | made in such manner and upon such terms and conditions as may
| 24 | | be reasonable and necessary
and may apportion the cost of
such | 25 | | reconstruction, alteration, relocation or improvement
and the | 26 | | subsequent maintenance thereof, having regard to the benefits, |
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| 1 | | if
any, accruing
to the railroad or any party in interest,
| 2 | | between the rail
carrier or carriers and public utilities | 3 | | affected, or between such
carrier or carriers and public | 4 | | utilities and the State, county,
municipality or other public | 5 | | authority in interest. The cost
to be so apportioned shall | 6 | | include the cost of changes or
alterations in the equipment of | 7 | | public utilities affected as
well as the cost of the | 8 | | relocation, diversion or
establishment of any public highway, | 9 | | made necessary by such
reconstruction, alteration, relocation | 10 | | or improvement of said
crossing. A hearing shall not be | 11 | | required in those instances
when the Commission enters an order | 12 | | confirming a written
stipulation in which the Commission, the | 13 | | public highway
authority or other public authority in interest, | 14 | | the rail carrier or
carriers
affected, and in
instances | 15 | | involving the use of the Grade Crossing Protection
Fund, the | 16 | | Illinois Department of Transportation, agree on the
| 17 | | reconstruction, alteration, relocation, or improvement and
the | 18 | | subsequent maintenance thereof and the division of costs
of | 19 | | such changes of any grade crossing (including the
necessary | 20 | | highway approaches thereto) of any railroad across
any highway, | 21 | | pedestrian bridge, or pedestrian subway.
| 22 | | Every rail carrier operating in the State of Illinois shall
| 23 | | construct and maintain every highway crossing over its tracks
| 24 | | within the State so that the roadway at the intersection
shall | 25 | | be as flush with the rails as superelevated curves will
allow, | 26 | | and, unless otherwise ordered by the Commission, shall
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| 1 | | construct and maintain the approaches thereto at a grade of
not | 2 | | more than 5% within the right of way for a distance of
not less | 3 | | the 6 feet on each side of the centerline of such
tracks; | 4 | | provided, that the grades at the approaches may be
maintained | 5 | | in excess of 5% only when authorized by the
Commission.
| 6 | | Every rail carrier operating within this State shall remove
| 7 | | from its right of way at all railroad-highway grade crossings | 8 | | within the
State, such brush, shrubbery, and trees as is | 9 | | reasonably
practical for a distance of not less than 500 feet | 10 | | in either
direction from each grade crossing.
The Commission | 11 | | shall have power, upon its own motion, or upon
complaint, and | 12 | | after having made proper investigation, to
require the | 13 | | installation of adequate and appropriate luminous
reflective | 14 | | warning signs, luminous flashing
signals, crossing
gates | 15 | | illuminated at night, or other protective devices
in
order to | 16 | | promote and safeguard the health and safety of the
public.
| 17 | | Luminous flashing signal or crossing gate
devices installed at | 18 | | grade crossings, which have been approved
by the Commission, | 19 | | shall be deemed adequate and appropriate.
The Commission shall | 20 | | have authority to determine the number,
type, and location of | 21 | | such signs, signals, gates, or other
protective devices which, | 22 | | however, shall conform as near as
may be with generally | 23 | | recognized national standards, and the
Commission shall have | 24 | | authority to prescribe the division of
the cost of the | 25 | | installation and subsequent maintenance of
such signs, | 26 | | signals, gates, or other protective
devices between the rail |
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| 1 | | carrier or carriers, the public highway
authority or other | 2 | | public authority in
interest, and in instances involving the | 3 | | use of the Grade
Crossing Protection Fund, the Illinois | 4 | | Department of
Transportation.
Except where train crews provide | 5 | | flagging of the crossing to road users, yield signs shall be | 6 | | installed at all highway intersections with every grade | 7 | | crossing in this State that is not equipped with automatic | 8 | | warning devices, such as luminous flashing signals or crossing | 9 | | gate devices. A stop sign may be used in lieu of the yield sign | 10 | | when an engineering study conducted in cooperation with the | 11 | | highway authority and the Illinois Department of | 12 | | Transportation has determined that a stop sign is warranted. If | 13 | | the Commission has ordered the installation of luminous | 14 | | flashing signal or
crossing gate devices at a grade crossing | 15 | | not equipped with active warning devices, the Commission shall | 16 | | order the
installation of temporary stop signs at the highway | 17 | | intersection with the grade
crossing unless an engineering | 18 | | study has determined that a stop sign is not appropriate. If a | 19 | | stop sign is not appropriate, the Commission may order the | 20 | | installation of other appropriate supplemental signing as | 21 | | determined by an engineering study. The temporary signs shall | 22 | | remain in place until the luminous
flashing signal or crossing | 23 | | gate devices have been installed.
The rail carrier is | 24 | | responsible for the installation and subsequent
maintenance of | 25 | | any required signs.
The permanent signs shall be in place by | 26 | | July 1, 2011.
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| 1 | | No railroad may change or modify the warning device system | 2 | | at a
railroad-highway grade crossing, including warning | 3 | | systems interconnected with
highway traffic control signals, | 4 | | without having first received the approval of
the Commission. | 5 | | The Commission shall have the further power, upon application,
| 6 | | upon its own motion, or upon
complaint and after having made | 7 | | proper investigation, to require
the interconnection of grade | 8 | | crossing warning devices with traffic control
signals at | 9 | | highway intersections located at or near railroad crossings | 10 | | within
the distances described by the State Manual on Uniform | 11 | | Traffic Control Devices
adopted pursuant to Section 11-301 of | 12 | | this Code. In addition, State and local
authorities may not | 13 | | install, remove, modernize, or otherwise modify traffic
| 14 | | control signals at a highway intersection that is | 15 | | interconnected or proposed to
be interconnected with grade | 16 | | crossing warning devices when the change affects
the number, | 17 | | type, or location of traffic control devices on the track | 18 | | approach
leg or legs of the intersection or the timing of the | 19 | | railroad preemption
sequence of operation until the Commission | 20 | | has approved the installation,
removal, modernization, or | 21 | | modification.
Commission approval shall be limited to | 22 | | consideration of
issues directly affecting the public safety at | 23 | | the railroad-highway grade
crossing. The electrical circuit | 24 | | devices, alternate warning devices, and
preemption sequences | 25 | | shall conform as nearly as possible, considering the
particular | 26 | | characteristics of the crossing and
intersection area, to the |
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| 1 | | State manual adopted by the Illinois Department of
| 2 | | Transportation pursuant to Section 11-301 of this Code and such | 3 | | federal
standards as are made applicable by subsection (2) of | 4 | | this Section. In order
to carry out this authority, the | 5 | | Commission shall have the authority to
determine the number, | 6 | | type, and location of traffic control devices on the
track | 7 | | approach leg or legs of the intersection and the timing of the | 8 | | railroad
preemption sequence of operation.
The Commission | 9 | | shall prescribe the division of costs for installation and
| 10 | | maintenance of all devices required by this paragraph between | 11 | | the railroad or
railroads and the highway authority in interest | 12 | | and in instances involving the
use of the Grade Crossing | 13 | | Protection Fund or a State highway, the Illinois
Department of | 14 | | Transportation.
| 15 | | Any person who unlawfully or maliciously removes, throws
| 16 | | down, damages or defaces any sign, signal, gate or other
| 17 | | protective device, located at or near any public grade
| 18 | | crossing, shall be guilty of a petty offense and fined not
less | 19 | | than $50 nor more than $200 for each offense. In
addition to | 20 | | fines levied under the provisions of this
Section a person | 21 | | adjudged guilty hereunder may also be
directed to make | 22 | | restitution for the costs of repair or
replacement, or both, | 23 | | necessitated by his misconduct.
| 24 | | It is the public policy of the State of Illinois to enhance | 25 | | public safety
by establishing safe grade crossings. In order to | 26 | | implement this policy, the
Illinois Commerce Commission is |
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| 1 | | directed to conduct public hearings and to
adopt specific | 2 | | criteria by July 1, 1994, that shall be adhered to by the
| 3 | | Illinois Commerce Commission in determining if a grade crossing | 4 | | should be
opened or abolished. The following factors shall be | 5 | | considered by the
Illinois Commerce Commission in developing | 6 | | the specific criteria for opening
and abolishing grade | 7 | | crossings:
| 8 | | (a) timetable speed of passenger trains;
| 9 | | (b) distance to an alternate crossing;
| 10 | | (c) accident history for the last 5 years;
| 11 | | (d) number of vehicular traffic and posted speed | 12 | | limits;
| 13 | | (e) number of freight trains and their timetable | 14 | | speeds;
| 15 | | (f) the type of warning device present at the grade | 16 | | crossing;
| 17 | | (g) alignments of the roadway and railroad, and the | 18 | | angle of intersection
of those alignments;
| 19 | | (h) use of the grade crossing by trucks carrying | 20 | | hazardous materials,
vehicles carrying passengers for | 21 | | hire, and school buses; and
| 22 | | (i) use of the grade crossing by emergency vehicles.
| 23 | | The Illinois Commerce Commission, upon petition to open or | 24 | | abolish a grade
crossing, shall enter an order opening or | 25 | | abolishing the crossing if it meets
the specific criteria | 26 | | adopted by the Commission.
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| 1 | | Except as otherwise provided in this subsection (3), in no | 2 | | instance shall
a grade crossing be permanently closed
without | 3 | | public hearing first being held and notice of such
hearing | 4 | | being published in an area newspaper of local general
| 5 | | circulation.
| 6 | | (4) Freight Trains - Radio Communications.
The Commission | 7 | | shall after hearing and order require that
every main line | 8 | | railroad freight train operating on main
tracks outside of yard | 9 | | limits within this State shall be
equipped with a radio | 10 | | communication system. The Commission
after notice and hearing | 11 | | may grant exemptions from the
requirements of this Section as | 12 | | to secondary and branch
lines.
| 13 | | (5) Railroad Bridges and Trestles - Walkway and Handrail.
| 14 | | In cases in which the Commission finds the same to be
practical | 15 | | and necessary for safety of railroad employees,
bridges and | 16 | | trestles, over and upon which railroad trains are
operated, | 17 | | shall include as a part thereof, a safe and
suitable walkway | 18 | | and handrail on one side only of such bridge
or trestle, and | 19 | | such handrail shall be located at the outer
edge of the walkway | 20 | | and shall provide a clearance of not less
than 8 feet, 6 | 21 | | inches, from the center line of the nearest
track, measured at | 22 | | right angles thereto.
| 23 | | (6) Packages Containing Articles for First Aid to Injured | 24 | | on Trains.
| 25 | | (a) All rail carriers shall provide a first aid kit | 26 | | that contains, at a minimum, those
articles prescribed by |
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| 1 | | the Commission, on each train or
engine, for first aid to | 2 | | persons who may be injured in the
course of the operation | 3 | | of such trains.
| 4 | | (b) A vehicle, excluding a taxi cab used in an | 5 | | emergency situation, operated by a contract carrier | 6 | | transporting railroad employees in the course of their | 7 | | employment shall be equipped with a readily available first | 8 | | aid kit that contains, as a minimum, the same articles that | 9 | | are required on each train or engine. | 10 | | (7) Abandoned Bridges, Crossings, and Other Rail Plant.
The | 11 | | Commission shall have authority, after notice and hearing, to | 12 | | order:
| 13 | | (a) The removal of any abandoned railroad tracks from | 14 | | roads,
streets or other thoroughfares in this State; and
| 15 | | (b) The removal of abandoned overhead railroad | 16 | | structures
crossing highways, waterways, or railroads.
| 17 | | The Commission may equitably apportion the cost of such
| 18 | | actions between the rail carrier or carriers, public utilities, | 19 | | and
the State, county, municipality, township, road district, | 20 | | or
other public authority in interest.
| 21 | | (8) Railroad-Highway Bridge Clearance. A vertical | 22 | | clearance of not less
than 23 feet
above the top of rail shall | 23 | | be provided for all new or reconstructed highway
bridges | 24 | | constructed over a railroad track. The Commission may permit a | 25 | | lesser
clearance if it determines
that the 23 foot clearance | 26 | | standard cannot be justified based on
engineering, |
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| 1 | | operational, and economic conditions.
| 2 | | (9) Right of Access To Railroad Property. | 3 | | (a) A community antenna television company franchised | 4 | | by a municipality or county pursuant to the Illinois | 5 | | Municipal
Code or the Counties Code, respectively, shall | 6 | | not enter upon or cross any real estate or
rights-of-way in | 7 | | the possession or control of a railroad
subject to the | 8 | | jurisdiction of the Illinois Commerce
Commission unless | 9 | | the community antenna television
company first complies | 10 | | with the applicable provisions of
subparagraph (f) of | 11 | | Section 11-42-11.1 of the Illinois
Municipal Code or | 12 | | subparagraph (f) of Section 5-1096 of the Counties Code. | 13 | | (b) Notwithstanding any provision of law to the | 14 | | contrary, this subsection (9) applies to all crossings or | 15 | | entries of railroad rights-of-way involving a railroad | 16 | | subject to the jurisdiction of the Illinois Commerce | 17 | | Commission by a community antenna television company and | 18 | | shall govern in the event of any conflict with any other | 19 | | provision of law. | 20 | | (c) This subsection (9) applies to any crossing or | 21 | | entry upon any real estate or right-of-way in the | 22 | | possession or control of a railroad subject to the | 23 | | jurisdiction of the Illinois Commerce Commission for the | 24 | | purpose of or in connection with the crossing, | 25 | | construction, or installation of a community antenna | 26 | | television company's system or facilities commenced or |
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| 1 | | renewed on or after the effective date of this amendatory | 2 | | Act of the 100th General Assembly. | 3 | | (d) Nothing in this amendatory Act of the 100th General | 4 | | Assembly shall be construed to prevent a railroad from | 5 | | negotiating other terms and conditions or the resolution of | 6 | | any dispute in relation to any crossing or to an entry upon | 7 | | or right of access as set forth in this subsection (9). | 8 | | (e) For purposes of this subsection (9): | 9 | | "Broadband service", "cable operator", and "holder" | 10 | | have the meanings given to those terms under Section 21-201 | 11 | | of the Public Utilities Act. | 12 | | "Community antenna television company" includes, in | 13 | | the case of real estate or rights-of-way in possession of | 14 | | or in control of a railroad, a holder, cable operator, or | 15 | | broadband service provider. | 16 | | (Source: P.A. 96-470, eff. 8-14-09; 97-374, eff. 1-1-12.)
| 17 | | Section 99. Effective date. This Act takes effect upon | 18 | | becoming law.".
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