101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4248

 

Introduced 1/27/2020, by Rep. Robyn Gabel

 

SYNOPSIS AS INTRODUCED:
 
35 ILCS 505/8  from Ch. 120, par. 424
625 ILCS 5/18c-7401  from Ch. 95 1/2, par. 18c-7401

    Amends the Motor Fuel Tax Law. Provides that the funds transferred each month to the Grade Crossing Protection Fund may go to the maintenance of safety treatments to deter trespassing. Deletes language providing that the Illinois Commerce Commission shall not order more than $2,000,000 per year in Grade Crossing Protection Fund moneys for pedestrian walkways. Amends the Illinois Vehicle Code. Allows the Illinois Commerce Commission, after a hearing or by stipulated agreement, to authorize and order the terms of installation, operation, maintenance, and use of safety treatments requested by a public authority or rail carrier to deter trespassing on railroad property at a place other than a public crossing.


LRB101 15832 LNS 65187 b

 

 

A BILL FOR

 

HB4248LRB101 15832 LNS 65187 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Motor Fuel Tax Law is amended by changing
5Section 8 as follows:
 
6    (35 ILCS 505/8)  (from Ch. 120, par. 424)
7    Sec. 8. Except as provided in subsection (a-1) of this
8Section, Section 8a, subdivision (h)(1) of Section 12a, Section
913a.6, and items 13, 14, 15, and 16 of Section 15, all money
10received by the Department under this Act, including payments
11made to the Department by member jurisdictions participating in
12the International Fuel Tax Agreement, shall be deposited in a
13special fund in the State treasury, to be known as the "Motor
14Fuel Tax Fund", and shall be used as follows:
15    (a) 2 1/2 cents per gallon of the tax collected on special
16fuel under paragraph (b) of Section 2 and Section 13a of this
17Act shall be transferred to the State Construction Account Fund
18in the State Treasury; the remainder of the tax collected on
19special fuel under paragraph (b) of Section 2 and Section 13a
20of this Act shall be deposited into the Road Fund;
21    (a-1) Beginning on July 1, 2019, an amount equal to the
22amount of tax collected under subsection (a) of Section 2 as a
23result of the increase in the tax rate under Public Act 101-32

 

 

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1this amendatory Act of the 101st General Assembly shall be
2transferred each month into the Transportation Renewal Fund; .
3    (b) $420,000 shall be transferred each month to the State
4Boating Act Fund to be used by the Department of Natural
5Resources for the purposes specified in Article X of the Boat
6Registration and Safety Act;
7    (c) $3,500,000 shall be transferred each month to the Grade
8Crossing Protection Fund to be used as follows: not less than
9$12,000,000 each fiscal year shall be used for the construction
10or reconstruction of rail highway grade separation structures;
11$2,250,000 in fiscal years 2004 through 2009 and $3,000,000 in
12fiscal year 2010 and each fiscal year thereafter shall be
13transferred to the Transportation Regulatory Fund and shall be
14accounted for as part of the rail carrier portion of such funds
15and shall be used to pay the cost of administration of the
16Illinois Commerce Commission's railroad safety program in
17connection with its duties under subsection (3) of Section
1818c-7401 of the Illinois Vehicle Code, with the remainder to be
19used by the Department of Transportation upon order of the
20Illinois Commerce Commission, to pay that part of the cost
21apportioned by such Commission to the State to cover the
22interest of the public in the use of highways, roads, streets,
23or pedestrian walkways in the county highway system, township
24and district road system, or municipal street system as defined
25in the Illinois Highway Code, as the same may from time to time
26be amended, for separation of grades, for installation,

 

 

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1construction or reconstruction of crossing protection or
2reconstruction, alteration, relocation including construction
3or improvement of any existing highway necessary for access to
4property or improvement of any grade crossing and grade
5crossing surface including the necessary highway approaches
6thereto of any railroad across the highway or public road, or
7for the installation, construction, reconstruction, or
8maintenance of safety treatments to deter trespassing or a
9pedestrian walkway over or under a railroad right-of-way, as
10provided for in and in accordance with Section 18c-7401 of the
11Illinois Vehicle Code. The Commission may order up to
12$2,000,000 per year in Grade Crossing Protection Fund moneys
13for the improvement of grade crossing surfaces and up to
14$300,000 per year for the maintenance and renewal of 4-quadrant
15gate vehicle detection systems located at non-high speed rail
16grade crossings. The Commission shall not order more than
17$2,000,000 per year in Grade Crossing Protection Fund moneys
18for pedestrian walkways. In entering orders for projects for
19which payments from the Grade Crossing Protection Fund will be
20made, the Commission shall account for expenditures authorized
21by the orders on a cash rather than an accrual basis. For
22purposes of this requirement an "accrual basis" assumes that
23the total cost of the project is expended in the fiscal year in
24which the order is entered, while a "cash basis" allocates the
25cost of the project among fiscal years as expenditures are
26actually made. To meet the requirements of this subsection, the

 

 

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1Illinois Commerce Commission shall develop annual and 5-year
2project plans of rail crossing capital improvements that will
3be paid for with moneys from the Grade Crossing Protection
4Fund. The annual project plan shall identify projects for the
5succeeding fiscal year and the 5-year project plan shall
6identify projects for the 5 directly succeeding fiscal years.
7The Commission shall submit the annual and 5-year project plans
8for this Fund to the Governor, the President of the Senate, the
9Senate Minority Leader, the Speaker of the House of
10Representatives, and the Minority Leader of the House of
11Representatives on the first Wednesday in April of each year;
12    (d) of the amount remaining after allocations provided for
13in subsections (a), (a-1), (b), and (c), a sufficient amount
14shall be reserved to pay all of the following:
15        (1) the costs of the Department of Revenue in
16    administering this Act;
17        (2) the costs of the Department of Transportation in
18    performing its duties imposed by the Illinois Highway Code
19    for supervising the use of motor fuel tax funds apportioned
20    to municipalities, counties and road districts;
21        (3) refunds provided for in Section 13, refunds for
22    overpayment of decal fees paid under Section 13a.4 of this
23    Act, and refunds provided for under the terms of the
24    International Fuel Tax Agreement referenced in Section
25    14a;
26        (4) from October 1, 1985 until June 30, 1994, the

 

 

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1    administration of the Vehicle Emissions Inspection Law,
2    which amount shall be certified monthly by the
3    Environmental Protection Agency to the State Comptroller
4    and shall promptly be transferred by the State Comptroller
5    and Treasurer from the Motor Fuel Tax Fund to the Vehicle
6    Inspection Fund, and for the period July 1, 1994 through
7    June 30, 2000, one-twelfth of $25,000,000 each month, for
8    the period July 1, 2000 through June 30, 2003, one-twelfth
9    of $30,000,000 each month, and $15,000,000 on July 1, 2003,
10    and $15,000,000 on January 1, 2004, and $15,000,000 on each
11    July 1 and October 1, or as soon thereafter as may be
12    practical, during the period July 1, 2004 through June 30,
13    2012, and $30,000,000 on June 1, 2013, or as soon
14    thereafter as may be practical, and $15,000,000 on July 1
15    and October 1, or as soon thereafter as may be practical,
16    during the period of July 1, 2013 through June 30, 2015,
17    for the administration of the Vehicle Emissions Inspection
18    Law of 2005, to be transferred by the State Comptroller and
19    Treasurer from the Motor Fuel Tax Fund into the Vehicle
20    Inspection Fund;
21        (4.5) beginning on July 1, 2019, the costs of the
22    Environmental Protection Agency for the administration of
23    the Vehicle Emissions Inspection Law of 2005 shall be paid,
24    subject to appropriation, from the Motor Fuel Tax Fund into
25    the Vehicle Inspection Fund; beginning in 2019, no later
26    than December 31 of each year, or as soon thereafter as

 

 

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1    practical, the State Comptroller shall direct and the State
2    Treasurer shall transfer from the Vehicle Inspection Fund
3    to the Motor Fuel Tax Fund any balance remaining in the
4    Vehicle Inspection Fund in excess of $2,000,000;
5        (5) amounts ordered paid by the Court of Claims; and
6        (6) payment of motor fuel use taxes due to member
7    jurisdictions under the terms of the International Fuel Tax
8    Agreement. The Department shall certify these amounts to
9    the Comptroller by the 15th day of each month; the
10    Comptroller shall cause orders to be drawn for such
11    amounts, and the Treasurer shall administer those amounts
12    on or before the last day of each month;
13    (e) after allocations for the purposes set forth in
14subsections (a), (a-1), (b), (c), and (d), the remaining amount
15shall be apportioned as follows:
16        (1) Until January 1, 2000, 58.4%, and beginning January
17    1, 2000, 45.6% shall be deposited as follows:
18            (A) 37% into the State Construction Account Fund,
19        and
20            (B) 63% into the Road Fund, $1,250,000 of which
21        shall be reserved each month for the Department of
22        Transportation to be used in accordance with the
23        provisions of Sections 6-901 through 6-906 of the
24        Illinois Highway Code;
25        (2) Until January 1, 2000, 41.6%, and beginning January
26    1, 2000, 54.4% shall be transferred to the Department of

 

 

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1    Transportation to be distributed as follows:
2            (A) 49.10% to the municipalities of the State,
3            (B) 16.74% to the counties of the State having
4        1,000,000 or more inhabitants,
5            (C) 18.27% to the counties of the State having less
6        than 1,000,000 inhabitants,
7            (D) 15.89% to the road districts of the State.
8        If a township is dissolved under Article 24 of the
9    Township Code, McHenry County shall receive any moneys that
10    would have been distributed to the township under this
11    subparagraph, except that a municipality that assumes the
12    powers and responsibilities of a road district under
13    paragraph (6) of Section 24-35 of the Township Code shall
14    receive any moneys that would have been distributed to the
15    township in a percent equal to the area of the dissolved
16    road district or portion of the dissolved road district
17    over which the municipality assumed the powers and
18    responsibilities compared to the total area of the
19    dissolved township. The moneys received under this
20    subparagraph shall be used in the geographic area of the
21    dissolved township. If a township is reconstituted as
22    provided under Section 24-45 of the Township Code, McHenry
23    County or a municipality shall no longer be distributed
24    moneys under this subparagraph.
25    As soon as may be after the first day of each month, the
26Department of Transportation shall allot to each municipality

 

 

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1its share of the amount apportioned to the several
2municipalities which shall be in proportion to the population
3of such municipalities as determined by the last preceding
4municipal census if conducted by the Federal Government or
5Federal census. If territory is annexed to any municipality
6subsequent to the time of the last preceding census the
7corporate authorities of such municipality may cause a census
8to be taken of such annexed territory and the population so
9ascertained for such territory shall be added to the population
10of the municipality as determined by the last preceding census
11for the purpose of determining the allotment for that
12municipality. If the population of any municipality was not
13determined by the last Federal census preceding any
14apportionment, the apportionment to such municipality shall be
15in accordance with any census taken by such municipality. Any
16municipal census used in accordance with this Section shall be
17certified to the Department of Transportation by the clerk of
18such municipality, and the accuracy thereof shall be subject to
19approval of the Department which may make such corrections as
20it ascertains to be necessary.
21    As soon as may be after the first day of each month, the
22Department of Transportation shall allot to each county its
23share of the amount apportioned to the several counties of the
24State as herein provided. Each allotment to the several
25counties having less than 1,000,000 inhabitants shall be in
26proportion to the amount of motor vehicle license fees received

 

 

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1from the residents of such counties, respectively, during the
2preceding calendar year. The Secretary of State shall, on or
3before April 15 of each year, transmit to the Department of
4Transportation a full and complete report showing the amount of
5motor vehicle license fees received from the residents of each
6county, respectively, during the preceding calendar year. The
7Department of Transportation shall, each month, use for
8allotment purposes the last such report received from the
9Secretary of State.
10    As soon as may be after the first day of each month, the
11Department of Transportation shall allot to the several
12counties their share of the amount apportioned for the use of
13road districts. The allotment shall be apportioned among the
14several counties in the State in the proportion which the total
15mileage of township or district roads in the respective
16counties bears to the total mileage of all township and
17district roads in the State. Funds allotted to the respective
18counties for the use of road districts therein shall be
19allocated to the several road districts in the county in the
20proportion which the total mileage of such township or district
21roads in the respective road districts bears to the total
22mileage of all such township or district roads in the county.
23After July 1 of any year prior to 2011, no allocation shall be
24made for any road district unless it levied a tax for road and
25bridge purposes in an amount which will require the extension
26of such tax against the taxable property in any such road

 

 

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1district at a rate of not less than either .08% of the value
2thereof, based upon the assessment for the year immediately
3prior to the year in which such tax was levied and as equalized
4by the Department of Revenue or, in DuPage County, an amount
5equal to or greater than $12,000 per mile of road under the
6jurisdiction of the road district, whichever is less. Beginning
7July 1, 2011 and each July 1 thereafter, an allocation shall be
8made for any road district if it levied a tax for road and
9bridge purposes. In counties other than DuPage County, if the
10amount of the tax levy requires the extension of the tax
11against the taxable property in the road district at a rate
12that is less than 0.08% of the value thereof, based upon the
13assessment for the year immediately prior to the year in which
14the tax was levied and as equalized by the Department of
15Revenue, then the amount of the allocation for that road
16district shall be a percentage of the maximum allocation equal
17to the percentage obtained by dividing the rate extended by the
18district by 0.08%. In DuPage County, if the amount of the tax
19levy requires the extension of the tax against the taxable
20property in the road district at a rate that is less than the
21lesser of (i) 0.08% of the value of the taxable property in the
22road district, based upon the assessment for the year
23immediately prior to the year in which such tax was levied and
24as equalized by the Department of Revenue, or (ii) a rate that
25will yield an amount equal to $12,000 per mile of road under
26the jurisdiction of the road district, then the amount of the

 

 

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1allocation for the road district shall be a percentage of the
2maximum allocation equal to the percentage obtained by dividing
3the rate extended by the district by the lesser of (i) 0.08% or
4(ii) the rate that will yield an amount equal to $12,000 per
5mile of road under the jurisdiction of the road district.
6    Prior to 2011, if any road district has levied a special
7tax for road purposes pursuant to Sections 6-601, 6-602, and
86-603 of the Illinois Highway Code, and such tax was levied in
9an amount which would require extension at a rate of not less
10than .08% of the value of the taxable property thereof, as
11equalized or assessed by the Department of Revenue, or, in
12DuPage County, an amount equal to or greater than $12,000 per
13mile of road under the jurisdiction of the road district,
14whichever is less, such levy shall, however, be deemed a proper
15compliance with this Section and shall qualify such road
16district for an allotment under this Section. Beginning in 2011
17and thereafter, if any road district has levied a special tax
18for road purposes under Sections 6-601, 6-602, and 6-603 of the
19Illinois Highway Code, and the tax was levied in an amount that
20would require extension at a rate of not less than 0.08% of the
21value of the taxable property of that road district, as
22equalized or assessed by the Department of Revenue or, in
23DuPage County, an amount equal to or greater than $12,000 per
24mile of road under the jurisdiction of the road district,
25whichever is less, that levy shall be deemed a proper
26compliance with this Section and shall qualify such road

 

 

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1district for a full, rather than proportionate, allotment under
2this Section. If the levy for the special tax is less than
30.08% of the value of the taxable property, or, in DuPage
4County if the levy for the special tax is less than the lesser
5of (i) 0.08% or (ii) $12,000 per mile of road under the
6jurisdiction of the road district, and if the levy for the
7special tax is more than any other levy for road and bridge
8purposes, then the levy for the special tax qualifies the road
9district for a proportionate, rather than full, allotment under
10this Section. If the levy for the special tax is equal to or
11less than any other levy for road and bridge purposes, then any
12allotment under this Section shall be determined by the other
13levy for road and bridge purposes.
14    Prior to 2011, if a township has transferred to the road
15and bridge fund money which, when added to the amount of any
16tax levy of the road district would be the equivalent of a tax
17levy requiring extension at a rate of at least .08%, or, in
18DuPage County, an amount equal to or greater than $12,000 per
19mile of road under the jurisdiction of the road district,
20whichever is less, such transfer, together with any such tax
21levy, shall be deemed a proper compliance with this Section and
22shall qualify the road district for an allotment under this
23Section.
24    In counties in which a property tax extension limitation is
25imposed under the Property Tax Extension Limitation Law, road
26districts may retain their entitlement to a motor fuel tax

 

 

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1allotment or, beginning in 2011, their entitlement to a full
2allotment if, at the time the property tax extension limitation
3was imposed, the road district was levying a road and bridge
4tax at a rate sufficient to entitle it to a motor fuel tax
5allotment and continues to levy the maximum allowable amount
6after the imposition of the property tax extension limitation.
7Any road district may in all circumstances retain its
8entitlement to a motor fuel tax allotment or, beginning in
92011, its entitlement to a full allotment if it levied a road
10and bridge tax in an amount that will require the extension of
11the tax against the taxable property in the road district at a
12rate of not less than 0.08% of the assessed value of the
13property, based upon the assessment for the year immediately
14preceding the year in which the tax was levied and as equalized
15by the Department of Revenue or, in DuPage County, an amount
16equal to or greater than $12,000 per mile of road under the
17jurisdiction of the road district, whichever is less.
18    As used in this Section, the term "road district" means any
19road district, including a county unit road district, provided
20for by the Illinois Highway Code; and the term "township or
21district road" means any road in the township and district road
22system as defined in the Illinois Highway Code. For the
23purposes of this Section, "township or district road" also
24includes such roads as are maintained by park districts, forest
25preserve districts and conservation districts. The Department
26of Transportation shall determine the mileage of all township

 

 

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1and district roads for the purposes of making allotments and
2allocations of motor fuel tax funds for use in road districts.
3    Payment of motor fuel tax moneys to municipalities and
4counties shall be made as soon as possible after the allotment
5is made. The treasurer of the municipality or county may invest
6these funds until their use is required and the interest earned
7by these investments shall be limited to the same uses as the
8principal funds.
9(Source: P.A. 101-32, eff. 6-28-19; 101-230, eff. 8-9-19;
10101-493, eff. 8-23-19; revised 9-24-19.)
 
11    Section 10. The Illinois Vehicle Code is amended by
12changing Section 18c-7401 as follows:
 
13    (625 ILCS 5/18c-7401)  (from Ch. 95 1/2, par. 18c-7401)
14    Sec. 18c-7401. Safety Requirements for Track, Facilities,
15and Equipment.
16    (1) General Requirements. Each rail carrier shall,
17consistent with rules, orders, and regulations of the Federal
18Railroad Administration, construct, maintain, and operate all
19of its equipment, track, and other property in this State in
20such a manner as to pose no undue risk to its employees or the
21person or property of any member of the public.
22    (2) Adoption of Federal Standards. The track safety
23standards and accident/incident standards promulgated by the
24Federal Railroad Administration shall be safety standards of

 

 

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1the Commission. The Commission may, in addition, adopt by
2reference in its regulations other federal railroad safety
3standards, whether contained in federal statutes or in
4regulations adopted pursuant to such statutes.
5    (3) Railroad Crossings. No public road, highway, or street
6shall hereafter be constructed across the track of any rail
7carrier at grade, nor shall the track of any rail carrier be
8constructed across a public road, highway or street at grade,
9without having first secured the permission of the Commission;
10provided, that this Section shall not apply to the replacement
11of lawfully existing roads, highways, and tracks. No public
12pedestrian bridge or subway shall be constructed across the
13track of any rail carrier without having first secured the
14permission of the Commission. The Commission shall have the
15right to refuse its permission or to grant it upon such terms
16and conditions as it may prescribe. The Commission shall have
17power to determine and prescribe the manner, including the
18particular point of crossing, and the terms of installation,
19operation, maintenance, use, and protection of each such
20crossing. To deter trespassing on railroad property at a place
21other than a public crossing, as established in subparagraph
22(i) of paragraph (a) of subsection (1) of Section 18c-7503, the
23Commission has the right to authorize safety treatments
24requested by a public authority or rail carrier and order the
25terms of installation, operation, maintenance, and use after a
26hearing or by stipulated agreement.

 

 

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1    The Commission shall also have power, after a hearing, to
2require major alteration of or to abolish any crossing,
3heretofore or hereafter established, when in its opinion, the
4public safety requires such alteration or abolition, and,
5except in cities, villages, and incorporated towns of 1,000,000
6or more inhabitants, to vacate and close that part of the
7highway on such crossing altered or abolished and cause
8barricades to be erected across such highway in such manner as
9to prevent the use of such crossing as a highway, when, in the
10opinion of the Commission, the public convenience served by the
11crossing in question is not such as to justify the further
12retention thereof; or to require a separation of grades, at
13railroad-highway grade crossings; or to require a separation of
14grades at any proposed crossing where a proposed public highway
15may cross the tracks of any rail carrier or carriers; and to
16prescribe, after a hearing of the parties, the terms upon which
17such separations shall be made and the proportion in which the
18expense of the alteration or abolition of such crossings or the
19separation of such grades, having regard to the benefits, if
20any, accruing to the rail carrier or any party in interest,
21shall be divided between the rail carrier or carriers affected,
22or between such carrier or carriers and the State, county,
23municipality or other public authority in interest. However, a
24public hearing by the Commission to abolish a crossing shall
25not be required when the public highway authority in interest
26vacates the highway. In such instance the rail carrier,

 

 

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1following notification to the Commission and the highway
2authority, shall remove any grade crossing warning devices and
3the grade crossing surface.
4    The Commission shall also have power by its order to
5require the reconstruction, minor alteration, minor
6relocation, or improvement of any crossing (including the
7necessary highway approaches thereto) of any railroad across
8any highway or public road, pedestrian bridge, or pedestrian
9subway, whether such crossing be at grade or by overhead
10structure or by subway, whenever the Commission finds after a
11hearing or without a hearing as otherwise provided in this
12paragraph that such reconstruction, alteration, relocation, or
13improvement is necessary to preserve or promote the safety or
14convenience of the public or of the employees or passengers of
15such rail carrier or carriers. By its original order or
16supplemental orders in such case, the Commission may direct
17such reconstruction, alteration, relocation, or improvement to
18be made in such manner and upon such terms and conditions as
19may be reasonable and necessary and may apportion the cost of
20such reconstruction, alteration, relocation, or improvement
21and the subsequent maintenance thereof, having regard to the
22benefits, if any, accruing to the railroad or any party in
23interest, between the rail carrier or carriers and public
24utilities affected, or between such carrier or carriers and
25public utilities and the State, county, municipality or other
26public authority in interest. The cost to be so apportioned

 

 

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1shall include the cost of changes or alterations in the
2equipment of public utilities affected as well as the cost of
3the relocation, diversion or establishment of any public
4highway, made necessary by such reconstruction, alteration,
5relocation, or improvement of said crossing. A hearing shall
6not be required in those instances when the Commission enters
7an order confirming a written stipulation in which the
8Commission, the public highway authority or other public
9authority in interest, the rail carrier or carriers affected,
10and in instances involving the use of the Grade Crossing
11Protection Fund, the Illinois Department of Transportation,
12agree on the reconstruction, alteration, relocation, or
13improvement and the subsequent maintenance thereof and the
14division of costs of such changes of any grade crossing
15(including the necessary highway approaches thereto) of any
16railroad across any highway, pedestrian bridge, or pedestrian
17subway.
18    Every rail carrier operating in the State of Illinois shall
19construct and maintain every highway crossing over its tracks
20within the State so that the roadway at the intersection shall
21be as flush with the rails as superelevated curves will allow,
22and, unless otherwise ordered by the Commission, shall
23construct and maintain the approaches thereto at a grade of not
24more than 5% within the right of way for a distance of not less
25the 6 feet on each side of the centerline of such tracks;
26provided, that the grades at the approaches may be maintained

 

 

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1in excess of 5% only when authorized by the Commission.
2    Every rail carrier operating within this State shall remove
3from its right of way at all railroad-highway grade crossings
4within the State, such brush, shrubbery, and trees as is
5reasonably practical for a distance of not less than 500 feet
6in either direction from each grade crossing. The Commission
7shall have power, upon its own motion, or upon complaint, and
8after having made proper investigation, to require the
9installation of adequate and appropriate luminous reflective
10warning signs, luminous flashing signals, crossing gates
11illuminated at night, or other protective devices in order to
12promote and safeguard the health and safety of the public.
13Luminous flashing signal or crossing gate devices installed at
14grade crossings, which have been approved by the Commission,
15shall be deemed adequate and appropriate. The Commission shall
16have authority to determine the number, type, and location of
17such signs, signals, gates, or other protective devices which,
18however, shall conform as near as may be with generally
19recognized national standards, and the Commission shall have
20authority to prescribe the division of the cost of the
21installation and subsequent maintenance of such signs,
22signals, gates, or other protective devices between the rail
23carrier or carriers, the public highway authority or other
24public authority in interest, and in instances involving the
25use of the Grade Crossing Protection Fund, the Illinois
26Department of Transportation. Except where train crews provide

 

 

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1flagging of the crossing to road users, yield signs shall be
2installed at all highway intersections with every grade
3crossing in this State that is not equipped with automatic
4warning devices, such as luminous flashing signals or crossing
5gate devices. A stop sign may be used in lieu of the yield sign
6when an engineering study conducted in cooperation with the
7highway authority and the Illinois Department of
8Transportation has determined that a stop sign is warranted. If
9the Commission has ordered the installation of luminous
10flashing signal or crossing gate devices at a grade crossing
11not equipped with active warning devices, the Commission shall
12order the installation of temporary stop signs at the highway
13intersection with the grade crossing unless an engineering
14study has determined that a stop sign is not appropriate. If a
15stop sign is not appropriate, the Commission may order the
16installation of other appropriate supplemental signing as
17determined by an engineering study. The temporary signs shall
18remain in place until the luminous flashing signal or crossing
19gate devices have been installed. The rail carrier is
20responsible for the installation and subsequent maintenance of
21any required signs. The permanent signs shall be in place by
22July 1, 2011.
23    No railroad may change or modify the warning device system
24at a railroad-highway grade crossing, including warning
25systems interconnected with highway traffic control signals,
26without having first received the approval of the Commission.

 

 

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1The Commission shall have the further power, upon application,
2upon its own motion, or upon complaint and after having made
3proper investigation, to require the interconnection of grade
4crossing warning devices with traffic control signals at
5highway intersections located at or near railroad crossings
6within the distances described by the State Manual on Uniform
7Traffic Control Devices adopted pursuant to Section 11-301 of
8this Code. In addition, State and local authorities may not
9install, remove, modernize, or otherwise modify traffic
10control signals at a highway intersection that is
11interconnected or proposed to be interconnected with grade
12crossing warning devices when the change affects the number,
13type, or location of traffic control devices on the track
14approach leg or legs of the intersection or the timing of the
15railroad preemption sequence of operation until the Commission
16has approved the installation, removal, modernization, or
17modification. Commission approval shall be limited to
18consideration of issues directly affecting the public safety at
19the railroad-highway grade crossing. The electrical circuit
20devices, alternate warning devices, and preemption sequences
21shall conform as nearly as possible, considering the particular
22characteristics of the crossing and intersection area, to the
23State manual adopted by the Illinois Department of
24Transportation pursuant to Section 11-301 of this Code and such
25federal standards as are made applicable by subsection (2) of
26this Section. In order to carry out this authority, the

 

 

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1Commission shall have the authority to determine the number,
2type, and location of traffic control devices on the track
3approach leg or legs of the intersection and the timing of the
4railroad preemption sequence of operation. The Commission
5shall prescribe the division of costs for installation and
6maintenance of all devices required by this paragraph between
7the railroad or railroads and the highway authority in interest
8and in instances involving the use of the Grade Crossing
9Protection Fund or a State highway, the Illinois Department of
10Transportation.
11    Any person who unlawfully or maliciously removes, throws
12down, damages or defaces any sign, signal, gate, or other
13protective device, located at or near any public grade
14crossing, shall be guilty of a petty offense and fined not less
15than $50 nor more than $200 for each offense. In addition to
16fines levied under the provisions of this Section a person
17adjudged guilty hereunder may also be directed to make
18restitution for the costs of repair or replacement, or both,
19necessitated by his misconduct.
20    It is the public policy of the State of Illinois to enhance
21public safety by establishing safe grade crossings. In order to
22implement this policy, the Illinois Commerce Commission is
23directed to conduct public hearings and to adopt specific
24criteria by July 1, 1994, that shall be adhered to by the
25Illinois Commerce Commission in determining if a grade crossing
26should be opened or abolished. The following factors shall be

 

 

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1considered by the Illinois Commerce Commission in developing
2the specific criteria for opening and abolishing grade
3crossings:
4        (a) timetable speed of passenger trains;
5        (b) distance to an alternate crossing;
6        (c) accident history for the last 5 years;
7        (d) number of vehicular traffic and posted speed
8    limits;
9        (e) number of freight trains and their timetable
10    speeds;
11        (f) the type of warning device present at the grade
12    crossing;
13        (g) alignments of the roadway and railroad, and the
14    angle of intersection of those alignments;
15        (h) use of the grade crossing by trucks carrying
16    hazardous materials, vehicles carrying passengers for
17    hire, and school buses; and
18        (i) use of the grade crossing by emergency vehicles.
19    The Illinois Commerce Commission, upon petition to open or
20abolish a grade crossing, shall enter an order opening or
21abolishing the crossing if it meets the specific criteria
22adopted by the Commission.
23    Except as otherwise provided in this subsection (3), in no
24instance shall a grade crossing be permanently closed without
25public hearing first being held and notice of such hearing
26being published in an area newspaper of local general

 

 

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1circulation.
2    (4) Freight Trains; Radio Communications. The Commission
3shall after hearing and order require that every main line
4railroad freight train operating on main tracks outside of yard
5limits within this State shall be equipped with a radio
6communication system. The Commission after notice and hearing
7may grant exemptions from the requirements of this Section as
8to secondary and branch lines.
9    (5) Railroad Bridges and Trestles; Walkway and Handrail. In
10cases in which the Commission finds the same to be practical
11and necessary for safety of railroad employees, bridges and
12trestles, over and upon which railroad trains are operated,
13shall include as a part thereof, a safe and suitable walkway
14and handrail on one side only of such bridge or trestle, and
15such handrail shall be located at the outer edge of the walkway
16and shall provide a clearance of not less than 8 feet, 6
17inches, from the center line of the nearest track, measured at
18right angles thereto.
19    (6) Packages Containing Articles for First Aid to Injured
20on Trains.
21        (a) All rail carriers shall provide a first aid kit
22    that contains, at a minimum, those articles prescribed by
23    the Commission, on each train or engine, for first aid to
24    persons who may be injured in the course of the operation
25    of such trains.
26        (b) A vehicle, excluding a taxi cab used in an

 

 

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1    emergency situation, operated by a contract carrier
2    transporting railroad employees in the course of their
3    employment shall be equipped with a readily available first
4    aid kit that contains, as a minimum, the same articles that
5    are required on each train or engine.
6    (7) Abandoned Bridges, Crossings, and Other Rail Plant. The
7Commission shall have authority, after notice and hearing, to
8order:
9        (a) the removal of any abandoned railroad tracks from
10    roads, streets or other thoroughfares in this State; and
11        (b) the removal of abandoned overhead railroad
12    structures crossing highways, waterways, or railroads.
13    The Commission may equitably apportion the cost of such
14actions between the rail carrier or carriers, public utilities,
15and the State, county, municipality, township, road district,
16or other public authority in interest.
17    (8) Railroad-Highway Bridge Clearance. A vertical
18clearance of not less than 23 feet above the top of rail shall
19be provided for all new or reconstructed highway bridges
20constructed over a railroad track. The Commission may permit a
21lesser clearance if it determines that the 23-foot clearance
22standard cannot be justified based on engineering,
23operational, and economic conditions.
24    (9) Right of Access To Railroad Property.
25        (a) A community antenna television company franchised
26    by a municipality or county pursuant to the Illinois

 

 

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1    Municipal Code or the Counties Code, respectively, shall
2    not enter upon any real estate or rights-of-way in the
3    possession or control of a railroad subject to the
4    jurisdiction of the Illinois Commerce Commission unless
5    the community antenna television company first complies
6    with the applicable provisions of subparagraph (f) of
7    Section 11-42-11.1 of the Illinois Municipal Code or
8    subparagraph (f) of Section 5-1096 of the Counties Code.
9        (b) Notwithstanding any provision of law to the
10    contrary, this subsection (9) applies to all entries of
11    railroad rights-of-way involving a railroad subject to the
12    jurisdiction of the Illinois Commerce Commission by a
13    community antenna television company and shall govern in
14    the event of any conflict with any other provision of law.
15        (c) This subsection (9) applies to any entry upon any
16    real estate or right-of-way in the possession or control of
17    a railroad subject to the jurisdiction of the Illinois
18    Commerce Commission for the purpose of or in connection
19    with the construction, or installation of a community
20    antenna television company's system or facilities
21    commenced or renewed on or after August 22, 2017 (the
22    effective date of Public Act 100-251).
23        (d) Nothing in Public Act 100-251 shall be construed to
24    prevent a railroad from negotiating other terms and
25    conditions or the resolution of any dispute in relation to
26    an entry upon or right of access as set forth in this

 

 

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1    subsection (9).
2        (e) For purposes of this subsection (9):
3        "Broadband service", "cable operator", and "holder"
4    have the meanings given to those terms under Section 21-201
5    of the Public Utilities Act.
6        "Community antenna television company" includes, in
7    the case of real estate or rights-of-way in possession of
8    or in control of a railroad, a holder, cable operator, or
9    broadband service provider.
10        (f) Beginning on August 22, 2017 (the effective date of
11    Public Act 100-251), the Transportation Division of the
12    Illinois Commerce Commission shall include in its annual
13    Crossing Safety Improvement Program report a brief
14    description of the number of cases decided by the Illinois
15    Commerce Commission and the number of cases that remain
16    pending before the Illinois Commerce Commission under this
17    subsection (9) for the period covered by the report.
18(Source: P.A. 100-251, eff. 8-22-17; 101-81, eff. 7-12-19.)