State of Illinois
91st General Assembly
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Public Act 91-0725

HB3476 Enrolled                                LRB9110509DHsb

    AN ACT in relation to railroad pedestrian walkways.

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

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

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

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

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

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

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