State of Illinois
91st General Assembly

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[ Introduced ][ Engrossed ][ Senate Amendment 001 ]


HB3476 Enrolled                                LRB9110509DHsb

 1        AN ACT in relation to railroad pedestrian walkways.

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

 4        Section 5.  The Motor Fuel Tax Law is amended by changing
 5    Section 8 as follows:

 6        (35 ILCS 505/8) (from Ch. 120, par. 424)
 7        Sec.  8.  Except as provided in Sections 8a and 13a.6 and
 8    items 13, 14, 15, and 16 of Section 15, all money received by
 9    the Department under this Act, including payments made to the
10    Department  by  member  jurisdictions  participating  in  the
11    International Fuel Tax Agreement, shall  be  deposited  in  a
12    special fund in the State treasury, to be known as the "Motor
13    Fuel Tax Fund", and shall be used as follows:
14        (a)  2  1/2  cents  per  gallon  of  the tax collected on
15    special fuel under paragraph (b) of Section 2 and Section 13a
16    of this Act shall be transferred to  the  State  Construction
17    Account Fund in the State Treasury;
18        (b)  $420,000  shall  be  transferred  each  month to the
19    State Boating Act Fund  to  be  used  by  the  Department  of
20    Natural  Resources for the purposes specified in Article X of
21    the Boat Registration and Safety Act;
22        (c)  $2,250,000 shall be transferred each  month  to  the
23    Grade  Crossing  Protection  Fund  to be used as follows: not
24    less than $6,000,000 each fiscal year shall be used  for  the
25    construction   or   reconstruction   of  rail  highway  grade
26    separation structures; beginning with fiscal  year  1997  and
27    ending  in  fiscal  year  2003,  $1,500,000,  and $750,000 in
28    fiscal year 2004 and each fiscal  year  thereafter  shall  be
29    transferred  to  the Transportation Regulatory Fund and shall
30    be accounted for as part of the rail carrier portion of  such
31    funds  and shall be used to pay the cost of administration of
HB3476 Enrolled            -2-                 LRB9110509DHsb
 1    the Illinois Commerce Commission's railroad safety program in
 2    connection with its duties under subsection  (3)  of  Section
 3    18c-7401  of the Illinois Vehicle Code, with the remainder to
 4    be used by the Department of Transportation upon order of the
 5    Illinois Commerce Commission, to pay that part  of  the  cost
 6    apportioned  by  such  Commission  to  the State to cover the
 7    interest of the public in the  use  of  highways,  roads,  or
 8    streets, or pedestrian walkways in the county highway system,
 9    township and district road system, or municipal street system
10    as defined in the Illinois Highway Code, as the same may from
11    time  to  time  be  amended,  for  separation  of grades, for
12    installation,  construction  or  reconstruction  of  crossing
13    protection   or   reconstruction,   alteration,    relocation
14    including construction or improvement of any existing highway
15    necessary  for access to property or improvement of any grade
16    crossing including the necessary highway  approaches  thereto
17    of any railroad across the highway or public road, or for the
18    installation, construction, reconstruction, or maintenance of
19    a  pedestrian  walkway over or under a railroad right-of-way,
20    as provided for in and in accordance with Section 18c-7401 of
21    the Illinois Vehicle Code. The  Commission  shall  not  order
22    more  than  $2,000,000  per year in Grade Crossing Protection
23    Fund moneys for pedestrian walkways.  In entering orders  for
24    projects   for   which   payments  from  the  Grade  Crossing
25    Protection Fund will be made, the  Commission  shall  account
26    for  expenditures  authorized  by the orders on a cash rather
27    than an accrual basis.  For purposes of this  requirement  an
28    "accrual basis" assumes that the total cost of the project is
29    expended  in  the  fiscal year in which the order is entered,
30    while a "cash basis" allocates the cost of the project  among
31    fiscal  years as expenditures are actually made.  To meet the
32    requirements  of  this  subsection,  the  Illinois   Commerce
33    Commission  shall  develop annual and 5-year project plans of
34    rail crossing capital improvements that will be paid for with
HB3476 Enrolled            -3-                 LRB9110509DHsb
 1    moneys from the Grade Crossing Protection Fund.   The  annual
 2    project  plan  shall  identify  projects  for  the succeeding
 3    fiscal year  and  the  5-year  project  plan  shall  identify
 4    projects  for  the  5  directly succeeding fiscal years.  The
 5    Commission shall submit the annual and 5-year  project  plans
 6    for  this  Fund to the Governor, the President of the Senate,
 7    the Senate Minority Leader,  the  Speaker  of  the  House  of
 8    Representatives,  and  the  Minority  Leader  of the House of
 9    Representatives on the first Wednesday in April of each year;
10        (d)  of the amount remaining after  allocations  provided
11    for  in  subsections  (a),  (b)  and (c), a sufficient amount
12    shall be reserved to pay all of the following:
13             (1)  the costs  of  the  Department  of  Revenue  in
14        administering this Act;
15             (2)  the  costs  of the Department of Transportation
16        in performing its duties imposed by the Illinois  Highway
17        Code  for  supervising  the  use  of motor fuel tax funds
18        apportioned  to   municipalities,   counties   and   road
19        districts;
20             (3)  refunds  provided for in Section 13 of this Act
21        and  under  the  terms  of  the  International  Fuel  Tax
22        Agreement referenced in Section 14a;
23             (4)  from October 1, 1985 until June 30,  1994,  the
24        administration  of  the Vehicle Emissions Inspection Law,
25        which  amount  shall  be   certified   monthly   by   the
26        Environmental  Protection Agency to the State Comptroller
27        and  shall  promptly  be   transferred   by   the   State
28        Comptroller and Treasurer from the Motor Fuel Tax Fund to
29        the  Vehicle Inspection Fund, and beginning July 1, 1994,
30        and until December 31, 2000, one-twelfth  of  $25,000,000
31        each   month   for  the  administration  of  the  Vehicle
32        Emissions Inspection Law of 1995, to  be  transferred  by
33        the  State  Comptroller and Treasurer from the Motor Fuel
34        Tax Fund into the Vehicle Inspection Fund;
HB3476 Enrolled            -4-                 LRB9110509DHsb
 1             (5)  amounts ordered paid by the  Court  of  Claims;
 2        and
 3             (6)  payment  of  motor fuel use taxes due to member
 4        jurisdictions under the terms of the  International  Fuel
 5        Tax   Agreement.   The  Department  shall  certify  these
 6        amounts to the Comptroller by the 15th day of each month;
 7        the Comptroller shall cause orders to be drawn  for  such
 8        amounts, and the Treasurer shall administer those amounts
 9        on or before the last day of each month;
10        (e)  after  allocations  for  the  purposes  set forth in
11    subsections (a), (b), (c) and (d), the remaining amount shall
12    be apportioned as follows:
13             (1)  Until January 1,  2000,  58.4%,  and  beginning
14        January 1, 2000, 45.6% shall be deposited as follows:
15                  (A)  37%  into  the  State Construction Account
16             Fund, and
17                  (B)  63% into  the  Road  Fund,  $1,250,000  of
18             which   shall   be   reserved  each  month  for  the
19             Department  of  Transportation   to   be   used   in
20             accordance  with  the  provisions  of Sections 6-901
21             through 6-906 of the Illinois Highway Code;
22             (2)  Until January 1,  2000,  41.6%,  and  beginning
23        January  1,  2000,  54.4%  shall  be  transferred  to the
24        Department  of  Transportation  to  be   distributed   as
25        follows:
26                  (A)  49.10% to the municipalities of the State,
27                  (B)  16.74% to the counties of the State having
28             1,000,000 or more inhabitants,
29                  (C)  18.27% to the counties of the State having
30             less than 1,000,000 inhabitants,
31                  (D)  15.89% to the road districts of the State.
32        As  soon  as may be after the first day of each month the
33    Department of Transportation shall allot to each municipality
34    its  share  of  the  amount  apportioned   to   the   several
HB3476 Enrolled            -5-                 LRB9110509DHsb
 1    municipalities which shall be in proportion to the population
 2    of  such  municipalities  as determined by the last preceding
 3    municipal census if conducted by the  Federal  Government  or
 4    Federal  census.  If territory is annexed to any municipality
 5    subsequent to the time  of  the  last  preceding  census  the
 6    corporate authorities of such municipality may cause a census
 7    to  be  taken of such annexed territory and the population so
 8    ascertained  for  such  territory  shall  be  added  to   the
 9    population  of  the  municipality  as  determined by the last
10    preceding census for the purpose of determining the allotment
11    for that municipality.  If the population of any municipality
12    was not determined by the last Federal census  preceding  any
13    apportionment,  the  apportionment to such municipality shall
14    be in accordance with any census taken by such  municipality.
15    Any  municipal  census  used  in accordance with this Section
16    shall be certified to the Department of Transportation by the
17    clerk of such municipality, and the accuracy thereof shall be
18    subject to approval of the Department  which  may  make  such
19    corrections as it ascertains to be necessary.
20        As  soon  as may be after the first day of each month the
21    Department of Transportation shall allot to each  county  its
22    share  of  the  amount apportioned to the several counties of
23    the State as herein provided. Each allotment to  the  several
24    counties  having  less than 1,000,000 inhabitants shall be in
25    proportion to  the  amount  of  motor  vehicle  license  fees
26    received  from  the residents of such counties, respectively,
27    during the preceding calendar year. The  Secretary  of  State
28    shall,  on  or  before April 15 of each year, transmit to the
29    Department of  Transportation  a  full  and  complete  report
30    showing  the  amount  of  motor vehicle license fees received
31    from the residents of each county, respectively,  during  the
32    preceding  calendar  year.  The  Department of Transportation
33    shall, each month, use for allotment purposes the  last  such
34    report received from the Secretary of State.
HB3476 Enrolled            -6-                 LRB9110509DHsb
 1        As  soon as may be after the first day of each month, the
 2    Department of  Transportation  shall  allot  to  the  several
 3    counties their share of the amount apportioned for the use of
 4    road districts.  The allotment shall be apportioned among the
 5    several  counties  in  the  State in the proportion which the
 6    total mileage of township or district roads in the respective
 7    counties bears to the  total  mileage  of  all  township  and
 8    district roads in the State. Funds allotted to the respective
 9    counties  for  the  use  of  road  districts therein shall be
10    allocated to the several road districts in the county in  the
11    proportion  which  the  total  mileage  of  such  township or
12    district roads in the respective road districts bears to  the
13    total  mileage  of all such township or district roads in the
14    county.  After July 1 of any year,  no  allocation  shall  be
15    made  for  any  road district unless it levied a tax for road
16    and bridge purposes in  an  amount  which  will  require  the
17    extension  of  such  tax  against the taxable property in any
18    such road district at a rate of not less than either .08%  of
19    the  value  thereof,  based  upon the assessment for the year
20    immediately prior to the year in which such  tax  was  levied
21    and  as  equalized by the Department of Revenue or, in DuPage
22    County, an amount equal to or greater than $12,000  per  mile
23    of   road  under  the  jurisdiction  of  the  road  district,
24    whichever is less.  If any road district has levied a special
25    tax for road purposes pursuant to Sections 6-601,  6-602  and
26    6-603  of  the Illinois Highway Code, and such tax was levied
27    in an amount which would require extension at a rate  of  not
28    less  than .08% of the value of the taxable property thereof,
29    as equalized or assessed by the Department of Revenue, or, in
30    DuPage County, an amount equal to or greater than $12,000 per
31    mile of road under the jurisdiction  of  the  road  district,
32    whichever  is  less,  such  levy  shall, however, be deemed a
33    proper compliance with this Section and  shall  qualify  such
34    road  district  for  an  allotment  under this Section.  If a
HB3476 Enrolled            -7-                 LRB9110509DHsb
 1    township has transferred to the road and  bridge  fund  money
 2    which,  when  added to the amount of any tax levy of the road
 3    district would be the equivalent  of  a  tax  levy  requiring
 4    extension  at a rate of at least .08%,  or, in DuPage County,
 5    an amount equal to or greater than $12,000 per mile  of  road
 6    under  the  jurisdiction  of  the road district, whichever is
 7    less, such transfer, together with any such tax  levy,  shall
 8    be  deemed  a  proper  compliance with this Section and shall
 9    qualify  the  road  district  for  an  allotment  under  this
10    Section.
11        In counties in which a property tax extension  limitation
12    is  imposed  under the Property Tax Extension Limitation Law,
13    road districts may retain their entitlement to a  motor  fuel
14    tax  allotment  if,  at  the  time the property tax extension
15    limitation was imposed, the road district was levying a  road
16    and  bridge tax at a rate sufficient to entitle it to a motor
17    fuel  tax  allotment  and  continues  to  levy  the   maximum
18    allowable  amount  after  the  imposition of the property tax
19    extension  limitation.   Any  road  district   may   in   all
20    circumstances  retain  its  entitlement  to  a motor fuel tax
21    allotment if it levied a road and bridge  tax  in  an  amount
22    that  will  require  the  extension  of  the  tax against the
23    taxable property in the road district at a rate of  not  less
24    than  0.08% of the assessed value of the property, based upon
25    the assessment for the year immediately preceding the year in
26    which the tax was levied and as equalized by  the  Department
27    of  Revenue  or,  in  DuPage  County,  an  amount equal to or
28    greater than $12,000 per mile of road under the  jurisdiction
29    of the road district, whichever is less.
30        As  used  in  this Section the term "road district" means
31    any road district, including a  county  unit  road  district,
32    provided  for  by  the  Illinois  Highway  Code; and the term
33    "township or district road" means any road  in  the  township
34    and  district  road system as defined in the Illinois Highway
HB3476 Enrolled            -8-                 LRB9110509DHsb
 1    Code.  For the purposes of this Section, "road district" also
 2    includes  park  districts,  forest  preserve  districts   and
 3    conservation  districts  organized  under  Illinois  law  and
 4    "township  or  district road" also includes such roads as are
 5    maintained by park districts, forest preserve  districts  and
 6    conservation  districts.   The  Department  of Transportation
 7    shall determine the mileage  of  all  township  and  district
 8    roads  for  the purposes of making allotments and allocations
 9    of motor fuel tax funds for use in road districts.
10        Payment of motor fuel tax moneys  to  municipalities  and
11    counties  shall  be  made  as  soon  as  possible  after  the
12    allotment  is  made.   The  treasurer  of the municipality or
13    county may invest these funds until their use is required and
14    the interest earned by these investments shall be limited  to
15    the same uses as the principal funds.
16    (Source:  P.A.  90-110,  eff.  7-14-97; 90-655, eff. 7-30-98;
17    90-659, eff. 1-1-99; 90-691, eff. 1-1-99; 91-37, eff. 7-1-99;
18    91-59,  eff.  6-30-99;  91-173,  eff.  1-1-00;  91-357,  eff.
19    7-29-99; revised 8-23-99.)

20        Section 10.  The Illinois  Vehicle  Code  is  amended  by
21    changing Section 18c-7401 as follows:

22        (625 ILCS 5/18c-7401) (from Ch. 95 1/2, par. 18c-7401)
23        Sec.    18c-7401.    Safety   Requirements   for   Track,
24    Facilities, and Equipment.
25        (1)  General  Requirements.  Each  rail  carrier   shall,
26    consistent with rules, orders, and regulations of the Federal
27    Railroad Administration, construct, maintain, and operate all
28    of  its equipment, track, and other property in this State in
29    such a manner as to pose no undue risk to  its  employees  or
30    the person or property of any member of the public.
31        (2)  Adoption  of  Federal  Standards.  The  track safety
32    standards and accident/incident standards promulgated by  the
HB3476 Enrolled            -9-                 LRB9110509DHsb
 1    Federal  Railroad Administration shall be safety standards of
 2    the Commission.  The Commission may, in  addition,  adopt  by
 3    reference  in  its  regulations other federal railroad safety
 4    standards,  whether  contained  in  federal  statutes  or  in
 5    regulations adopted pursuant to such statutes.
 6        (3)  Railroad Crossings.  No  public  road,  highway,  or
 7    street shall hereafter be constructed across the track of any
 8    rail  carrier  at  grade,  nor  shall  the  track of any rail
 9    carrier be constructed  across  a  public  road,  highway  or
10    street  at grade, without having first secured the permission
11    of the Commission; provided,  that  this  Section  shall  not
12    apply to the replacement of lawfully existing roads, highways
13    and  tracks.  No  public pedestrian bridge or subway shall be
14    constructed across the track  of  any  rail  carrier  without
15    having  first secured the permission of the Commission.   The
16    Commission shall have the right to refuse its  permission  or
17    to  grant  it  upon  such  terms  and  conditions  as  it may
18    prescribe.  The Commission shall have power to determine  and
19    prescribe  the  manner,  including  the  particular  point of
20    crossing,  and  the   terms   of   installation,   operation,
21    maintenance, use and protection of each such crossing.
22        The Commission shall also have power, after a hearing, to
23    require  major  alteration  of  or  to  abolish any crossing,
24    heretofore or hereafter established, when in its opinion, the
25    public safety requires such  alteration  or  abolition,  and,
26    except   in   cities,  villages  and  incorporated  towns  of
27    1,000,000 or more inhabitants, to vacate and close that  part
28    of  the  highway  on  such  crossing altered or abolished and
29    cause barricades to be erected across such  highway  in  such
30    manner  as  to prevent the use of such crossing as a highway,
31    when,  in  the  opinion  of  the   Commission,   the   public
32    convenience served by the crossing in question is not such as
33    to  justify  the  further  retention thereof; or to require a
34    separation  of  grades,  at   railroad-highway   grade   such
HB3476 Enrolled            -10-                LRB9110509DHsb
 1    crossings;  or  to  require  a  separation  of  grades at any
 2    proposed crossing where a proposed public highway  may  cross
 3    the tracks of any rail carrier or carriers; and to prescribe,
 4    after  a  hearing  of  the parties, the terms upon which such
 5    separations shall be made and the  proportion  in  which  the
 6    expense  of  the alteration or abolition of such crossings or
 7    the separation of such grades, having regard to the benefits,
 8    if any,  accruing  to  the  rail  carrier  or  any  party  in
 9    interest,  shall  be  divided  between  the  rail  carrier or
10    carriers affected, or between such carrier  or  carriers  and
11    the  State, county, municipality or other public authority in
12    interest.  However, a public hearing  by  the  Commission  to
13    abolish  a  crossing  shall  not  be required when the public
14    highway authority in interest vacates the highway.   In  such
15    instance  the  rail  carrier,  following  notification to the
16    Commission and the highway authority, shall remove any  grade
17    crossing warning devices and the grade crossing surface.
18        The  Commission  shall  also  have  power by its order to
19    require   the   reconstruction,   minor   alteration,   minor
20    relocation or improvement  of  any  crossing  (including  the
21    necessary  highway approaches thereto) of any railroad across
22    any highway or public road, pedestrian bridge, or  pedestrian
23    subway,  whether  such  crossing  be  at grade or by overhead
24    structure or by subway, whenever the Commission finds after a
25    hearing or without a hearing as otherwise  provided  in  this
26    paragraph that such reconstruction, alteration, relocation or
27    improvement is necessary to preserve or promote the safety or
28    convenience  of  the public or of the employees or passengers
29    of such rail carrier or carriers.  By its original  order  or
30    supplemental  orders  in such case, the Commission may direct
31    such reconstruction, alteration, relocation,  or  improvement
32    to  be made in such manner and upon such terms and conditions
33    as may be reasonable and necessary and may apportion the cost
34    of such reconstruction, alteration, relocation or improvement
HB3476 Enrolled            -11-                LRB9110509DHsb
 1    and the subsequent maintenance thereof, having regard to  the
 2    benefits,  if  any,  accruing to the railroad or any party in
 3    interest, between the rail carrier  or  carriers  and  public
 4    utilities  affected,  or between such carrier or carriers and
 5    public utilities and the State, county, municipality or other
 6    public authority in interest.  The cost to be so  apportioned
 7    shall  include  the  cost  of  changes  or alterations in the
 8    equipment of public utilities affected as well as the cost of
 9    the relocation, diversion  or  establishment  of  any  public
10    highway,  made  necessary by such reconstruction, alteration,
11    relocation or improvement of said crossing.  A hearing  shall
12    not be required in those instances when the Commission enters
13    an  order  confirming  a  written  stipulation  in  which the
14    Commission, the public  highway  authority  or  other  public
15    authority in interest, the rail carrier or carriers affected,
16    and  in  instances  involving  the  use of the Grade Crossing
17    Protection Fund, the Illinois Department  of  Transportation,
18    agree  on  the  reconstruction,  alteration,  relocation,  or
19    improvement  and  the  subsequent maintenance thereof and the
20    division of costs of  such  changes  of  any  grade  crossing
21    (including  the  necessary highway approaches thereto) of any
22    railroad across any highway, pedestrian bridge, or pedestrian
23    subway.
24        Every rail carrier operating in  the  State  of  Illinois
25    shall  construct and maintain every highway crossing over its
26    tracks  within  the  State  so  that  the  roadway   at   the
27    intersection   shall   be   as   flush   with  the  rails  as
28    superelevated  curves  will  allow,  and,  unless   otherwise
29    ordered  by  the Commission, shall construct and maintain the
30    approaches thereto at a grade of not more than 5% within  the
31    right  of  way  for a distance of not less the 6 feet on each
32    side of the centerline of such  tracks;  provided,  that  the
33    grades  at  the  approaches may be maintained in excess of 5%
34    only when authorized by the Commission.
HB3476 Enrolled            -12-                LRB9110509DHsb
 1        Every rail carrier  operating  within  this  State  shall
 2    remove  from  its  right of way at all railroad-highway grade
 3    crossings within the State, such brush, shrubbery, and  trees
 4    as  is  reasonably  practical for a distance of not less than
 5    500 feet in either direction from each  grade  crossing.  The
 6    Commission  shall  have  power,  upon its own motion, or upon
 7    complaint, and after having  made  proper  investigation,  to
 8    require the installation of adequate and appropriate luminous
 9    reflective warning signs, luminous flashing signals, crossing
10    gates  illuminated  at  night, or other protective devices in
11    order to promote and safeguard the health and safety  of  the
12    public.  Luminous  flashing  signal  or crossing gate devices
13    installed at grade crossings, which have been approved by the
14    Commission, shall be deemed  adequate  and  appropriate.  The
15    Commission  shall  have  authority  to  determine the number,
16    type, and location of such signs, signals,  gates,  or  other
17    protective  devices  which, however, shall conform as near as
18    may be with generally recognized national standards, and  the
19    Commission  shall have authority to prescribe the division of
20    the cost of the installation and  subsequent  maintenance  of
21    such  signs,  signals,  gates,  or  other  protective devices
22    between the rail carrier  or  carriers,  the  public  highway
23    authority  or  other  public  authority  in  interest, and in
24    instances involving the use of the Grade Crossing  Protection
25    Fund, the Illinois Department of Transportation.
26        No  railroad  may  change  or  modify  the warning device
27    system  at  a  railroad-highway  grade  crossing,   including
28    warning  systems  interconnected with highway traffic control
29    signals, without having first received the  approval  of  the
30    Commission.   The  Commission  shall  have the further power,
31    upon application, upon its own motion, or upon complaint  and
32    after  having  made  proper  investigation,  to  require  the
33    interconnection   of  grade  crossing  warning  devices  with
34    traffic control signals at highway intersections  located  at
HB3476 Enrolled            -13-                LRB9110509DHsb
 1    or  near railroad crossings within the distances described by
 2    the State Manual on Uniform Traffic Control  Devices  adopted
 3    pursuant  to Section 11-301 of this Code.  In addition, State
 4    and local authorities may not install, remove, modernize,  or
 5    otherwise   modify  traffic  control  signals  at  a  highway
 6    intersection  that  is  interconnected  or  proposed  to   be
 7    interconnected  with  grade crossing warning devices when the
 8    change affects the  number,  type,  or  location  of  traffic
 9    control  devices  on  the  track  approach leg or legs of the
10    intersection  or  the  timing  of  the  railroad   preemption
11    sequence  of  operation until the Commission has approved the
12    installation,  removal,   modernization,   or   modification.
13    Commission  approval  shall  be  limited  to consideration of
14    issues  directly  affecting  the   public   safety   at   the
15    railroad-highway  grade  crossing.   The  electrical  circuit
16    devices,  alternate warning devices, and preemption sequences
17    shall  conform  as  nearly  as  possible,   considering   the
18    particular  characteristics  of the crossing and intersection
19    area, to the State manual adopted by the Illinois  Department
20    of Transportation pursuant to Section 11-301 of this Code and
21    such  federal  standards as are made applicable by subsection
22    (2) of this Section.  In order to carry out  this  authority,
23    the  Commission  shall  have  the  authority to determine the
24    number, type, and location of traffic control devices on  the
25    track approach leg or legs of the intersection and the timing
26    of  the  railroad  preemption   sequence  of  operation.  The
27    Commission   shall   prescribe  the  division  of  costs  for
28    installation and maintenance of all devices required by  this
29    paragraph  between  the railroad or railroads and the highway
30    authority in interest and in instances involving the  use  of
31    the  Grade  Crossing  Protection Fund or a State highway, the
32    Illinois Department of Transportation.
33        Any person who unlawfully or maliciously removes,  throws
34    down,  damages  or  defaces  any  sign, signal, gate or other
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 1    protective device,  located  at  or  near  any  public  grade
 2    crossing,  shall  be  guilty of a petty offense and fined not
 3    less than $50 nor  more  than  $200  for  each  offense.   In
 4    addition to fines levied under the provisions of this Section
 5    a  person  adjudged  guilty hereunder may also be directed to
 6    make restitution for the costs of repair or  replacement,  or
 7    both, necessitated by his misconduct.
 8        It  is  the  public  policy  of  the State of Illinois to
 9    enhance public safety by establishing safe  grade  crossings.
10    In  order  to  implement  this  policy, the Illinois Commerce
11    Commission is directed to  conduct  public  hearings  and  to
12    adopt  specific  criteria  by  July  1,  1994,  that shall be
13    adhered to by the Illinois Commerce Commission in determining
14    if a grade crossing  should  be  opened  or  abolished.   The
15    following   factors  shall  be  considered  by  the  Illinois
16    Commerce Commission in developing the specific  criteria  for
17    opening and abolishing grade crossings:
18             (a)  timetable speed of passenger trains;
19             (b)  distance to an alternate crossing;
20             (c)  accident history for the last 5 years;
21             (d)  number  of  vehicular  traffic and posted speed
22        limits;
23             (e)  number of freight trains  and  their  timetable
24        speeds;
25             (f)  the type of warning device present at the grade
26        crossing;
27             (g)  alignments of the roadway and railroad, and the
28        angle of intersection of those alignments;
29             (h)  use  of  the  grade crossing by trucks carrying
30        hazardous materials,  vehicles  carrying  passengers  for
31        hire, and school buses; and
32             (i)  use   of   the   grade  crossing  by  emergency
33        vehicles.
34        The Illinois Commerce Commission, upon petition  to  open
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 1    or  abolish a grade crossing, shall enter an order opening or
 2    abolishing the crossing if it  meets  the  specific  criteria
 3    adopted by the Commission.
 4        Except  as  otherwise provided in this subsection (3), in
 5    no instance shall a  grade  crossing  be  permanently  closed
 6    without  public  hearing  first being held and notice of such
 7    hearing being published in an area newspaper of local general
 8    circulation.
 9        (4)  Freight   Trains   -   Radio   Communications.   The
10    Commission shall after hearing and order require  that  every
11    main  line  railroad  freight  train operating on main tracks
12    outside of yard limits within this State  shall  be  equipped
13    with  a  radio  communication  system.   The Commission after
14    notice and hearing may grant exemptions from the requirements
15    of this Section as to secondary and branch lines.
16        (5)  Railroad  Bridges  and  Trestles   -   Walkway   and
17    Handrail.  In cases in which the Commission finds the same to
18    be practical and necessary for safety of railroad  employees,
19    bridges and trestles, over and upon which railroad trains are
20    operated,  shall  include  as  a  part  thereof,  a  safe and
21    suitable walkway and handrail on one side only of such bridge
22    or trestle, and such handrail shall be located at  the  outer
23    edge of the walkway and shall provide a clearance of not less
24    than  8  feet,  6 inches, from the center line of the nearest
25    track, measured at right angles thereto.
26        (6)  Packages  Containing  Articles  for  First  Aid   to
27    Injured  on Trains. All rail carriers shall provide a package
28    containing the articles prescribed by the Commission, on each
29    train or engine, for first aid to persons who may be  injured
30    in the course of the operation of such trains.
31        (7)  Abandoned  Bridges, Crossings, and Other Rail Plant.
32    The  Commission  shall  have  authority,  after  notice   and
33    hearing, to order:
34             (a)  The  removal  of  any abandoned railroad tracks
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 1        from roads, streets or other thoroughfares in this State;
 2        and
 3             (b)  The  removal  of  abandoned  overhead  railroad
 4        structures crossing highways, waterways, or railroads.
 5        The Commission may equitably apportion the cost  of  such
 6    actions   between   the  rail  carrier  or  carriers,  public
 7    utilities, and the  State,  county,  municipality,  township,
 8    road district, or other public authority in interest.
 9        (8)  Railroad-Highway   Bridge   Clearance.   A  vertical
10    clearance of not less than 23 feet  above  the  top  of  rail
11    shall  be  provided  for  all  new  or  reconstructed highway
12    bridges constructed over a railroad  track.   The  Commission
13    may  permit  a  lesser clearance if it determines that the 23
14    foot  clearance  standard  cannot  be  justified   based   on
15    engineering, operational, and economic conditions.
16    (Source: P.A. 89-699, eff. 1-16-97; 90-691, eff. 1-1-99.)

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

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