State of Illinois
90th General Assembly
Legislation

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[ Introduced ][ Enrolled ][ Senate Amendment 001 ]

90_SB1875eng

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          Amends the Motor Fuel Tax Law and  the  Illinois  Vehicle
      Code.   Amends  the  Motor  Fuel  Tax  Law  to provide that a
      certain amount of money is to be used by  the  Department  of
      Transportation  to  pay  the  costs  of  maintenance, repair,
      reconstruction, or replacement of the grade crossing  surface
      structure.   Amends the Illinois Vehicle Code.  Provides that
      a public hearing to abolish a crossing shall not be  required
      when  the  public  highway  authority in interest vacates the
      highway. Provides that in such instance,  the  rail  carrier,
      following  notification  to  the Illinois Commerce Commission
      and the highway authority, shall remove  any  grade  crossing
      warning  devices  and the grade crossing surface.  Requires a
      vertical clearance of not less than 23 feet  to  be  provided
      for  highway  bridges  constructed  over  a  railroad  track.
      Provides  that  a  person who causes or attempts to cause the
      derailment of an engine, cars, or a track vehicle  is  guilty
      of a Class 4 felony.  Makes other changes.
                                                    LRB9007774NTsbB
SB1875 Engrossed                              LRB9007774NTsbB
 1        AN ACT concerning transportation, amending named Acts.
 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  Section  8a,  all  money
 8    received by the Department under this Act, including payments
 9    made  to the Department by member jurisdictions participating
10    in the International Fuel Tax Agreement, shall  be  deposited
11    in  a  special fund in the State treasury, to be known as the
12    "Motor Fuel Tax Fund", and shall be used as follows:
13        (a)  2 1/2 cents per  gallon  of  the  tax  collected  on
14    special fuel under paragraph (b) of Section 2 and Section 13a
15    of  this  Act  shall be transferred to the State Construction
16    Account Fund in the State Treasury;
17        (b)  $420,000 shall be  transferred  each  month  to  the
18    State  Boating  Act  Fund  to  be  used  by the Department of
19    Natural Resources for the purposes specified in Article X  of
20    the Boat Registration and Safety Act;
21        (c)  $1,500,000  shall  be  transferred each month to the
22    Grade Crossing Protection Fund to be  used  as  follows:  not
23    less  than  $6,000,000 each fiscal year shall be used for the
24    construction  or  reconstruction  of   rail   highway   grade
25    separation  structures;  beginning  with fiscal year 1997 and
26    ending in fiscal  year  1999,  $1,500,000,  and  $750,000  in
27    fiscal  year  2000  and  each fiscal year thereafter shall be
28    transferred to the Transportation Regulatory Fund  and  shall
29    be  accounted for as part of the rail carrier portion of such
30    funds and shall be used to pay the cost of administration  of
31    the Illinois Commerce Commission's railroad safety program in
SB1875 Engrossed            -2-               LRB9007774NTsbB
 1    connection  with  its  duties under subsection (3) of Section
 2    18c-7401 of the Illinois Vehicle Code, with the remainder  to
 3    be used by the Department of Transportation upon order of the
 4    Illinois  Commerce  Commission,  to pay that part of the cost
 5    apportioned by such Commission to  the  State  to  cover  the
 6    interest  of  the  State-wide  public in the use of highways,
 7    roads or streets in the county highway system,  township  and
 8    district road system or municipal street system as defined in
 9    the  Illinois Highway Code, as the same may from time to time
10    be amended,  for  separation  of  grades,  for  installation,
11    construction  or  reconstruction  of  crossing  protection or
12    reconstruction, alteration, relocation including construction
13    or improvement of any existing highway necessary  for  access
14    to  property  or  improvement of any grade crossing including
15    the necessary highway  approaches  thereto  of  any  railroad
16    across  the highway or public road, as provided for in and in
17    accordance with Section  18c-7401  of  the  Illinois  Vehicle
18    Code.   In  entering  orders  for projects for which payments
19    from the Grade Crossing Protection Fund  will  be  made,  the
20    Commission  shall  account for expenditures authorized by the
21    orders on a cash rather than an accrual basis.  For  purposes
22    of this requirement an "accrual basis" assumes that the total
23    cost  of  the project is expended in the fiscal year in which
24    the order is entered, while a "cash basis" allocates the cost
25    of  the  project  among  fiscal  years  as  expenditures  are
26    actually made;
27        (d)  of the amount remaining after  allocations  provided
28    for  in  subsections  (a),  (b)  and (c), a sufficient amount
29    shall be reserved to pay all of the following:
30             (1)  the costs  of  the  Department  of  Revenue  in
31        administering this Act;
32             (2)  the  costs  of the Department of Transportation
33        in performing its duties imposed by the Illinois  Highway
34        Code  for  supervising  the  use  of motor fuel tax funds
SB1875 Engrossed            -3-               LRB9007774NTsbB
 1        apportioned  to   municipalities,   counties   and   road
 2        districts;
 3             (3)  refunds  provided for in Section 13 of this Act
 4        and  under  the  terms  of  the  International  Fuel  Tax
 5        Agreement referenced in Section 14a;
 6             (4)  from October 1, 1985 until June 30,  1994,  the
 7        administration  of  the Vehicle Emissions Inspection Law,
 8        which  amount  shall  be   certified   monthly   by   the
 9        Environmental  Protection Agency to the State Comptroller
10        and  shall  promptly  be   transferred   by   the   State
11        Comptroller and Treasurer from the Motor Fuel Tax Fund to
12        the  Vehicle Inspection Fund, and beginning July 1, 1994,
13        and until December 31, 2000, one-twelfth  of  $25,000,000
14        each   month   for  the  administration  of  the  Vehicle
15        Emissions Inspection Law of 1995, to  be  transferred  by
16        the  State  Comptroller and Treasurer from the Motor Fuel
17        Tax Fund into the Vehicle Inspection Fund;
18             (5)  amounts ordered paid by the  Court  of  Claims;
19        and
20             (6)  payment  of  motor fuel use taxes due to member
21        jurisdictions under the terms of the  International  Fuel
22        Tax   Agreement.   The  Department  shall  certify  these
23        amounts to the Comptroller by the 15th day of each month;
24        the Comptroller shall cause orders to be drawn  for  such
25        amounts, and the Treasurer shall administer those amounts
26        on or before the last day of each month;
27        (e)  after  allocations  for  the  purposes  set forth in
28    subsections (a), (b), (c) and (d), the remaining amount shall
29    be apportioned as follows:
30             (1)  58.4% shall be deposited as follows:
31                  (A)  37% into the  State  Construction  Account
32             Fund, and
33                  (B)  63%  into  the  Road  Fund,  $1,250,000 of
34             which  shall  be  reserved  each   month   for   the
SB1875 Engrossed            -4-               LRB9007774NTsbB
 1             Department   of   Transportation   to   be  used  in
 2             accordance with the  provisions  of  Sections  6-901
 3             through 6-906 of the Illinois Highway Code;
 4             (2)  41.6% shall be transferred to the Department of
 5        Transportation to be distributed as follows:
 6                  (A)  49.10% to the municipalities of the State,
 7                  (B)  16.74% to the counties of the State having
 8             1,000,000 or more inhabitants,
 9                  (C)  18.27% to the counties of the State having
10             less than 1,000,000 inhabitants,
11                  (D)  15.89% to the road districts of the State.
12        As  soon  as may be after the first day of each month the
13    Department of Transportation shall allot to each municipality
14    its  share  of  the  amount  apportioned   to   the   several
15    municipalities which shall be in proportion to the population
16    of  such  municipalities  as determined by the last preceding
17    municipal census if conducted by the  Federal  Government  or
18    Federal  census.  If territory is annexed to any municipality
19    subsequent to the time  of  the  last  preceding  census  the
20    corporate authorities of such municipality may cause a census
21    to  be  taken of such annexed territory and the population so
22    ascertained  for  such  territory  shall  be  added  to   the
23    population  of  the  municipality  as  determined by the last
24    preceding census for the purpose of determining the allotment
25    for that municipality.  If the population of any municipality
26    was not determined by the last Federal census  preceding  any
27    apportionment,  the  apportionment to such municipality shall
28    be in accordance with any census taken by such  municipality.
29    Any  municipal  census  used  in accordance with this Section
30    shall be certified to the Department of Transportation by the
31    clerk of such municipality, and the accuracy thereof shall be
32    subject to approval of the Department  which  may  make  such
33    corrections as it ascertains to be necessary.
34        As  soon  as may be after the first day of each month the
SB1875 Engrossed            -5-               LRB9007774NTsbB
 1    Department of Transportation shall allot to each  county  its
 2    share  of  the  amount apportioned to the several counties of
 3    the State as herein provided. Each allotment to  the  several
 4    counties  having  less than 1,000,000 inhabitants shall be in
 5    proportion to  the  amount  of  motor  vehicle  license  fees
 6    received  from  the residents of such counties, respectively,
 7    during the preceding calendar year. The  Secretary  of  State
 8    shall,  on  or  before April 15 of each year, transmit to the
 9    Department of  Transportation  a  full  and  complete  report
10    showing  the  amount  of  motor vehicle license fees received
11    from the residents of each county, respectively,  during  the
12    preceding  calendar  year.  The  Department of Transportation
13    shall, each month, use for allotment purposes the  last  such
14    report received from the Secretary of State.
15        As  soon as may be after the first day of each month, the
16    Department of  Transportation  shall  allot  to  the  several
17    counties their share of the amount apportioned for the use of
18    road districts.  The allotment shall be apportioned among the
19    several  counties  in  the  State in the proportion which the
20    total mileage of township or district roads in the respective
21    counties bears to the  total  mileage  of  all  township  and
22    district roads in the State. Funds allotted to the respective
23    counties  for  the  use  of  road  districts therein shall be
24    allocated to the several road districts in the county in  the
25    proportion  which  the  total  mileage  of  such  township or
26    district roads in the respective road districts bears to  the
27    total  mileage  of all such township or district roads in the
28    county.  After July 1 of any year,  no  allocation  shall  be
29    made  for  any  road district unless it levied a tax for road
30    and bridge purposes in  an  amount  which  will  require  the
31    extension  of  such  tax  against the taxable property in any
32    such road district at a rate of not less than either .08%  of
33    the  value  thereof,  based  upon the assessment for the year
34    immediately prior to the year in which such  tax  was  levied
SB1875 Engrossed            -6-               LRB9007774NTsbB
 1    and  as  equalized by the Department of Revenue or, in DuPage
 2    County, an amount equal to or greater than $12,000  per  mile
 3    of   road  under  the  jurisdiction  of  the  road  district,
 4    whichever is less.  If any road district has levied a special
 5    tax for road purposes pursuant to Sections 6-601,  6-602  and
 6    6-603  of  the Illinois Highway Code, and such tax was levied
 7    in an amount which would require extension at a rate  of  not
 8    less  than .08% of the value of the taxable property thereof,
 9    as equalized or assessed by the Department of Revenue, or, in
10    DuPage County, an amount equal to or greater than $12,000 per
11    mile of road under the jurisdiction  of  the  road  district,
12    whichever  is  less,  such  levy  shall, however, be deemed a
13    proper compliance with this Section and  shall  qualify  such
14    road  district  for  an  allotment  under this Section.  If a
15    township has transferred to the road and  bridge  fund  money
16    which,  when  added to the amount of any tax levy of the road
17    district would be the equivalent  of  a  tax  levy  requiring
18    extension  at a rate of at least .08%,  or, in DuPage County,
19    an amount equal to or greater than $12,000 per mile  of  road
20    under  the  jurisdiction  of  the road district, whichever is
21    less, such transfer, together with any such tax  levy,  shall
22    be  deemed  a  proper  compliance with this Section and shall
23    qualify  the  road  district  for  an  allotment  under  this
24    Section.
25        In counties in which a property tax extension  limitation
26    is  imposed  under the Property Tax Extension Limitation Law,
27    road districts may retain their entitlement to a  motor  fuel
28    tax  allotment  if,  at  the  time the property tax extension
29    limitation was imposed, the road district was levying a  road
30    and  bridge tax at a rate sufficient to entitle it to a motor
31    fuel  tax  allotment  and  continues  to  levy  the   maximum
32    allowable  amount  after  the  imposition of the property tax
33    extension  limitation.   Any  road  district   may   in   all
34    circumstances  retain  its  entitlement  to  a motor fuel tax
SB1875 Engrossed            -7-               LRB9007774NTsbB
 1    allotment if it levied a road and bridge  tax  in  an  amount
 2    that  will  require  the  extension  of  the  tax against the
 3    taxable property in the road district at a rate of  not  less
 4    than  0.08% of the assessed value of the property, based upon
 5    the assessment for the year immediately preceding the year in
 6    which the tax was levied and as equalized by  the  Department
 7    of  Revenue  or,  in  DuPage  County,  an  amount equal to or
 8    greater than $12,000 per mile of road under the  jurisdiction
 9    of the road district, whichever is less.
10        As  used  in  this Section the term "road district" means
11    any road district, including a  county  unit  road  district,
12    provided  for  by  the  Illinois  Highway  Code; and the term
13    "township or district road" means any road  in  the  township
14    and  district  road system as defined in the Illinois Highway
15    Code.  For the purposes of this Section, "road district" also
16    includes  park  districts,  forest  preserve  districts   and
17    conservation  districts  organized  under  Illinois  law  and
18    "township  or  district road" also includes such roads as are
19    maintained by park districts, forest preserve  districts  and
20    conservation  districts.   The  Department  of Transportation
21    shall determine the mileage  of  all  township  and  district
22    roads  for  the purposes of making allotments and allocations
23    of motor fuel tax funds for use in road districts.
24        Payment of motor fuel tax moneys  to  municipalities  and
25    counties  shall  be  made  as  soon  as  possible  after  the
26    allotment  is  made.   The  treasurer  of the municipality or
27    county may invest these funds until their use is required and
28    the interest earned by these investments shall be limited  to
29    the same uses as the principal funds.
30    (Source:  P.A.  89-167,  eff.  1-1-96;  89-445,  eff. 2-7-96;
31    89-699, eff. 1-16-97; 90-110, eff. 7-14-97; revised 8-14-97.)
32        Section 10.  The Illinois  Vehicle  Code  is  amended  by
33    changing Sections 18c-7401, 18c-7502, 18c-7503 as follows:
SB1875 Engrossed            -8-               LRB9007774NTsbB
 1        (625 ILCS 5/18c-7401) (from Ch. 95 1/2, par. 18c-7401)
 2        Sec.    18c-7401.    Safety   Requirements   for   Track,
 3    Facilities, and Equipment.
 4        (1)  General  Requirements.  Each  rail  carrier   shall,
 5    consistent with rules, orders, and regulations of the Federal
 6    Railroad Administration, construct, maintain, and operate all
 7    of  its equipment, track, and other property in this State in
 8    such a manner as to pose no undue risk to  its  employees  or
 9    the person or property of any member of the public.
10        (2)  Adoption  of  Federal  Standards.  The  track safety
11    standards and accident/incident standards promulgated by  the
12    Federal  Railroad Administration shall be safety standards of
13    the Commission.  The Commission may, in  addition,  adopt  by
14    reference  in  its  regulations other federal railroad safety
15    standards,  whether  contained  in  federal  statutes  or  in
16    regulations adopted pursuant to such statutes.
17        (3)  Railroad Crossings.  No  public  road,  highway,  or
18    street shall hereafter be constructed across the track of any
19    rail  carrier  at  grade,  nor  shall  the  track of any rail
20    carrier be constructed  across  a  public  road,  highway  or
21    street  at grade, without having first secured the permission
22    of the Commission; provided,  that  this  Section  shall  not
23    apply to the replacement of lawfully existing roads, highways
24    and  tracks.   The  Commission shall have the right to refuse
25    its permission or to grant it upon such terms and  conditions
26    as  it  may  prescribe.    The Commission shall have power to
27    determine and prescribe the manner, including the  particular
28    point  of crossing, and the terms of installation, operation,
29    maintenance, use and protection of each such crossing.
30        The Commission shall also have power, after a hearing, to
31    require major alteration  of  or  to  abolish  any  crossing,
32    heretofore or hereafter established, when in its opinion, the
33    public  safety  requires  such  alteration or abolition, and,
34    except  in  cities,  villages  and  incorporated   towns   of
SB1875 Engrossed            -9-               LRB9007774NTsbB
 1    1,000,000  or more inhabitants, to vacate and close that part
 2    of the highway on such  crossing  altered  or  abolished  and
 3    cause  barricades  to  be erected across such highway in such
 4    manner as to prevent the use of such crossing as  a  highway,
 5    when,   in   the   opinion  of  the  Commission,  the  public
 6    convenience served by the crossing in question is not such as
 7    to justify the further retention thereof;  or  to  require  a
 8    separation  of  grades,  at  such  crossings; or to require a
 9    separation  of  grades  at  any  proposed  crossing  where  a
10    proposed public highway may cross  the  tracks  of  any  rail
11    carrier or carriers; and to prescribe, after a hearing of the
12    parties,  the terms upon which such separations shall be made
13    and the proportion in which the expense of the alteration  or
14    abolition of such crossings or the separation of such grades,
15    having  regard  to the benefits, if any, accruing to the rail
16    carrier or any party in interest, shall  be  divided  between
17    the  rail  carrier  or  carriers  affected,  or  between such
18    carrier or carriers and the State,  county,  municipality  or
19    other  public  authority  in  interest.    However,  a public
20    hearing by the Commission to abolish a crossing shall not  be
21    required  when  the  public  highway  authority  in  interest
22    vacates  the  highway.   In  such  instance the rail carrier,
23    following notification to  the  Commission  and  the  highway
24    authority,  shall  remove  any grade crossing warning devices
25    and the grade crossing surface.
26        The Commission shall also have  power  by  its  order  to
27    require   the   reconstruction,   minor   alteration,   minor
28    relocation  or  improvement  of  any  crossing (including the
29    necessary highway approaches thereto) of any railroad  across
30    any highway or public road, whether such crossing be at grade
31    or   by   overhead  structure  or  by  subway,  whenever  the
32    Commission finds after a hearing  or  without  a  hearing  as
33    otherwise    provided    in    this   paragraph   that   such
34    reconstruction,  alteration,  relocation  or  improvement  is
SB1875 Engrossed            -10-              LRB9007774NTsbB
 1    necessary to preserve or promote the safety or convenience of
 2    the public or of the employees or  passengers  of  such  rail
 3    carrier  or  carriers.  By its original order or supplemental
 4    orders  in  such  case,  the  Commission  may   direct   such
 5    reconstruction,  alteration, relocation, or improvement to be
 6    made in such manner and upon such terms and conditions as may
 7    be reasonable and necessary and may  apportion  the  cost  of
 8    such  reconstruction,  alteration,  relocation or improvement
 9    and the subsequent maintenance thereof, having regard to  the
10    benefits,  if  any,  accruing to the railroad or any party in
11    interest, between the rail carrier  or  carriers  and  public
12    utilities  affected,  or between such carrier or carriers and
13    public utilities and the State, county, municipality or other
14    public authority in interest.  The cost to be so  apportioned
15    shall  include  the  cost  of  changes  or alterations in the
16    equipment of public utilities affected as well as the cost of
17    the relocation, diversion  or  establishment  of  any  public
18    highway,  made  necessary by such reconstruction, alteration,
19    relocation or improvement of said crossing.  A hearing  shall
20    not be required in those instances when the Commission enters
21    an  order  confirming  a  written  stipulation  in  which the
22    Commission, the public highway  authority  in  interest,  the
23    rail carrier or carriers affected, and in instances involving
24    the  use  of the Grade Crossing Protection Fund, the Illinois
25    Department of Transportation, agree  on  the  reconstruction,
26    alteration,  relocation,  or  improvement  and the subsequent
27    maintenance thereof and the division of costs of such changes
28    of  any  grade  crossing  (including  the  necessary  highway
29    approaches thereto) of any railroad across any highway.
30        Every rail carrier operating in  the  State  of  Illinois
31    shall  construct and maintain every highway crossing over its
32    tracks  within  the  State  so  that  the  roadway   at   the
33    intersection   shall   be   as   flush   with  the  rails  as
34    superelevated  curves  will  allow,  and,  unless   otherwise
SB1875 Engrossed            -11-              LRB9007774NTsbB
 1    ordered  by  the Commission, shall construct and maintain the
 2    approaches thereto at a grade of not more than 5% within  the
 3    right  of  way  for a distance of not less the 6 feet on each
 4    side of the centerline of such  tracks;  provided,  that  the
 5    grades  at  the  approaches may be maintained in excess of 5%
 6    only when authorized by the Commission.
 7        Every rail carrier  operating  within  this  State  shall
 8    remove  from  its  right of way at all grade crossings within
 9    the State, such brush, shrubbery, and trees as is  reasonably
10    practical  for a distance of not less than 500 feet in either
11    direction from each grade crossing. The Commission shall have
12    power, upon its own motion,  or  upon  complaint,  and  after
13    having made proper investigation, to require the installation
14    of  adequate  and  appropriate  luminous  reflective  warning
15    signs,  luminous flashing signals, crossing gates illuminated
16    at night, or other protective devices in order to promote and
17    safeguard the health  and  safety  of  the  public.  Luminous
18    flashing  signal  or crossing gate devices installed at grade
19    crossings, which have been approved by the Commission,  shall
20    be deemed adequate and appropriate. The Commission shall have
21    authority to determine the number, type, and location of such
22    signs,  signals,  gates,  or  other protective devices which,
23    however, shall conform as  near  as  may  be  with  generally
24    recognized  national standards, and the Commission shall have
25    authority to prescribe  the  division  of  the  cost  of  the
26    installation   and  subsequent  maintenance  of  such  signs,
27    signals, gates, or other protective devices between the  rail
28    carrier   or   carriers,  the  public  highway  authority  in
29    interest, and in instances involving the  use  of  the  Grade
30    Crossing   Protection   Fund,   the  Illinois  Department  of
31    Transportation.
32        No railroad may  change  or  modify  the  warning  device
33    system   at  a  railroad-highway  grade  crossing,  including
34    warning systems interconnected with highway  traffic  control
SB1875 Engrossed            -12-              LRB9007774NTsbB
 1    signals,  without  having  first received the approval of the
 2    Commission.  The Commission shall  have  the  further  power,
 3    upon  application, upon its own motion, or upon complaint and
 4    after  having  made  proper  investigation,  to  require  the
 5    interconnection  of  grade  crossing  warning  devices   with
 6    traffic  control  signals at highway intersections located at
 7    or near railroad crossings within the distances described  by
 8    the  State  Manual on Uniform Traffic Control Devices adopted
 9    pursuant to Section 11-301 of this Code.  In addition,  State
10    and  local authorities may not install, remove, modernize, or
11    otherwise  modify  traffic  control  signals  at  a   highway
12    intersection   that  is  interconnected  or  proposed  to  be
13    interconnected with grade crossing warning devices  when  the
14    change  affects  the  number,  type,  or  location of traffic
15    control devices on the track approach  leg  or  legs  of  the
16    intersection   or  the  timing  of  the  railroad  preemption
17    sequence of operation until the Commission has  approved  the
18    installation,   removal,   modernization,   or  modification.
19    Commission approval shall  be  limited  to  consideration  of
20    issues   directly   affecting   the   public  safety  at  the
21    railroad-highway  grade  crossing.   The  electrical  circuit
22    devices, alternate warning devices, and preemption  sequences
23    shall   conform   as  nearly  as  possible,  considering  the
24    particular characteristics of the crossing  and  intersection
25    area,  to the State manual adopted by the Illinois Department
26    of Transportation pursuant to Section 11-301 of this Code and
27    such federal standards as are made applicable  by  subsection
28    (2)  of  this Section.  In order to carry out this authority,
29    the Commission shall have  the  authority  to  determine  the
30    number,  type, and location of traffic control devices on the
31    track approach leg or legs of the intersection and the timing
32    of  the  railroad  preemption   sequence  of  operation.  The
33    Commission  shall  prescribe  the  division  of   costs   for
34    installation  and maintenance of all devices required by this
SB1875 Engrossed            -13-              LRB9007774NTsbB
 1    paragraph between the railroad or railroads and  the  highway
 2    authority  in  interest and in instances involving the use of
 3    the Grade Crossing Protection Fund or a  State  highway,  the
 4    Illinois Department of Transportation.
 5        Any  person who unlawfully or maliciously removes, throws
 6    down, damages or defaces any  sign,  signal,  gate  or  other
 7    protective  device,  located  at  or  near  any  public grade
 8    crossing, shall be guilty of a petty offense  and  fined  not
 9    less  than  $50  nor  more  than  $200  for each offense.  In
10    addition to fines levied under the provisions of this Section
11    a person adjudged guilty hereunder may also  be  directed  to
12    make  restitution  for the costs of repair or replacement, or
13    both, necessitated by his misconduct.
14        It is the public policy  of  the  State  of  Illinois  to
15    enhance  public  safety by establishing safe grade crossings.
16    In order to implement  this  policy,  the  Illinois  Commerce
17    Commission  is  directed  to  conduct  public hearings and to
18    adopt specific criteria  by  July  1,  1994,  that  shall  be
19    adhered to by the Illinois Commerce Commission in determining
20    if  a  grade  crossing  should  be  opened or abolished.  The
21    following  factors  shall  be  considered  by  the   Illinois
22    Commerce  Commission  in developing the specific criteria for
23    opening and abolishing grade crossings:
24             (a)  timetable speed of passenger trains;
25             (b)  distance to an alternate crossing;
26             (c)  accident history for the last 5 years;
27             (d)  number of vehicular traffic  and  posted  speed
28        limits;
29             (e)  number  of  freight  trains and their timetable
30        speeds;
31             (f)  the type of warning device present at the grade
32        crossing;
33             (g)  alignments of the roadway and railroad, and the
34        angle of intersection of those alignments;
SB1875 Engrossed            -14-              LRB9007774NTsbB
 1             (h)  use of the grade crossing  by  trucks  carrying
 2        hazardous  materials,  vehicles  carrying  passengers for
 3        hire, and school buses; and
 4             (i)  use  of  the  grade   crossing   by   emergency
 5        vehicles.
 6        The  Illinois  Commerce Commission, upon petition to open
 7    or abolish a grade crossing, shall enter an order opening  or
 8    abolishing  the  crossing  if  it meets the specific criteria
 9    adopted by the Commission.
10        Except as otherwise provided in this subsection  (3),  in
11    no  instance  shall  a  grade  crossing be permanently closed
12    without public hearing first being held and  notice  of  such
13    hearing being published in an area newspaper of local general
14    circulation.
15        (4)  Freight   Trains   -   Radio   Communications.   The
16    Commission  shall  after hearing and order require that every
17    main line railroad freight train  operating  on  main  tracks
18    outside  of  yard  limits within this State shall be equipped
19    with a radio  communication  system.   The  Commission  after
20    notice and hearing may grant exemptions from the requirements
21    of this Section as to secondary and branch lines.
22        (5)  Railroad   Bridges   and   Trestles  -  Walkway  and
23    Handrail. In cases in which the Commission finds the same  to
24    be  practical and necessary for safety of railroad employees,
25    bridges and trestles, over and upon which railroad trains are
26    operated, shall  include  as  a  part  thereof,  a  safe  and
27    suitable walkway and handrail on one side only of such bridge
28    or  trestle,  and such handrail shall be located at the outer
29    edge of the walkway and shall provide a clearance of not less
30    than 8 feet, 6 inches, from the center line  of  the  nearest
31    track, measured at right angles thereto.
32        (6)  Packages   Containing  Articles  for  First  Aid  to
33    Injured on Trains. All rail carriers shall provide a  package
34    containing the articles prescribed by the Commission, on each
SB1875 Engrossed            -15-              LRB9007774NTsbB
 1    train  or engine, for first aid to persons who may be injured
 2    in the course of the operation of such trains.
 3        (7)  Abandoned Bridges, Crossings, and Other Rail  Plant.
 4    The   Commission  shall  have  authority,  after  notice  and
 5    hearing, to order:
 6             (a)  The removal of any  abandoned  railroad  tracks
 7        from roads, streets or other thoroughfares in this State;
 8        and
 9             (b)  The  removal  of  abandoned  overhead  railroad
10        structures crossing highways, waterways, or railroads.
11        The  Commission  may equitably apportion the cost of such
12    actions  between  the  rail  carrier  or   carriers,   public
13    utilities,  and  the  State,  county, municipality, township,
14    road district, or other public authority in interest.
15        (8)  Railroad-Highway  Bridge  Clearance.    A   vertical
16    clearance  of  not  less  than  23 feet above the top of rail
17    shall be  provided  for  all  new  or  reconstructed  highway
18    bridges  constructed  over  a railroad track.  The Commission
19    may permit a lesser clearance if it determines  that  the  23
20    foot   clearance   standard  cannot  be  justified  based  on
21    engineering, operational, and economic conditions.
22    (Source: P.A. 88-296; 89-699, eff. 1-16-97.)
23        (625 ILCS 5/18c-7502) (from Ch. 95 1/2, par. 18c-7502)
24        Sec. 18c-7502.  Malicious Removal of or  Damage  to  Rail
25    Property.  Any  person  found to have removed, taken, stolen,
26    changed, added to, taken from, or in  any  manner  interfered
27    with  any  of  the  parts or attachments of any locomotive or
28    car, or any plant or property used in or in  connection  with
29    the  operation of any locomotive or car in this State, or any
30    person who causes or attempts to cause the derailment  of  an
31    engine,  cars,  or  a  track vehicle used on railroad tracks,
32    shall be guilty of a Class 4 felony.  If any such  action  is
33    malicious and is the cause of wrecking any train, locomotive,
SB1875 Engrossed            -16-              LRB9007774NTsbB
 1    or  car in this State whereby the life of any person is lost,
 2    the person found guilty thereof shall  be  liable  for  first
 3    degree murder as in other cases.
 4    (Source: P.A. 85-293.)
 5        (625 ILCS 5/18c-7503) (from Ch. 95 1/2, par. 18c-7503)
 6        Sec.  18c-7503.   Trespass  on Railroad Rights of Way and
 7    Yards. (1) Trespass on Rights of Way and Yards Prohibited.
 8        (a)  General Prohibition. Except as otherwise provided in
 9    paragraph (b) of this subsection, no person may  walk,  ride,
10    drive  or be upon or along the right of way or rail yard of a
11    rail carrier within the State, at a place other than a public
12    crossing.
13        (b)  Exceptions. This subsection shall not apply to:
14        (i)  passengers on trains or employees of a rail carrier;
15        (ii)  an  authorized  representative  of   rail   carrier
16    employees,  while  performing  required  duties in accordance
17    with reasonable rail carrier company guidelines;
18        (iii)  a person going upon the right of way or  into  the
19    rail yard to save human life or to protect property;
20        (iv)  a  person  being  on  the station grounds or in the
21    depot of the rail carrier  for  the  purpose  of  transacting
22    business;
23        (v)  a  person,  his  family,  or his employees or agents
24    going across a farm crossing, as defined in this Chapter, for
25    the purpose of crossing from one part to another  part  of  a
26    farm  he owns or leases, where the farm lies on both sides of
27    the right of way;
28        (vi)  a person having written permission  from  the  rail
29    carrier  to  go  upon the right of way or into the rail yard;
30    and
31        (vii)  representatives of state and federal  governmental
32    agencies in performance of their official duties.
33        (2)  Penalties.  Violation  of this Section shall subject
SB1875 Engrossed            -17-              LRB9007774NTsbB
 1    the violator to a fine line of not more than $500.
 2        (3)  Definition.  For purposes of this Section, a  "right
 3    of  way" means the track or roadbed owned or leased by a rail
 4    carrier which is located on either side  of  its  tracks  and
 5    which is readily recognizable to a reasonable person as being
 6    rail  carrier property or is reasonably identified as such by
 7    fencing or appropriate signs.
 8    (Source: P.A. 84-796; revised 12-18-97.)
SB1875 Engrossed            -18-              LRB9007774NTsbB
 1                                INDEX
 2               Statutes amended in order of appearance
 3    35 ILCS 505/8             from Ch. 120, par. 424
 4    625 ILCS 5/18c-7401       from Ch. 95 1/2, par. 18c-7401
 5    625 ILCS 5/18c-7502       from Ch. 95 1/2, par. 18c-7502
 6    625 ILCS 5/18c-7503       from Ch. 95 1/2, par. 18c-7503
 7    625 ILCS 5/18c-7504       from Ch. 95 1/2, par. 18c-7504

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