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|[ Introduced ]||[ Engrossed ]||[ Senate Amendment 001 ]|
91_HB3476enr 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,
or8 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 suchHB3476 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 HB3476 Enrolled -14- LRB9110509DHsb 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 HB3476 Enrolled -15- LRB9110509DHsb 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 HB3476 Enrolled -16- LRB9110509DHsb 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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