Bill Status of HB 535   100th General Assembly

Short Description:  ICC AND RAILROAD RIGHTS-OF-WAY

House Sponsors
Rep. Jay Hoffman

Senate Sponsors
(Sen. Martin A. Sandoval, Mattie Hunter and Sue Rezin-Patricia Van Pelt)


Last Action  View All Actions

DateChamber Action
  8/22/2017HousePublic Act . . . . . . . . . 100-0251

Statutes Amended In Order of Appearance
55 ILCS 5/5-1096from Ch. 34, par. 5-1096
65 ILCS 5/11-42-11.1from Ch. 24, par. 11-42-11.1
220 ILCS 70/5
625 ILCS 5/18c-7401from Ch. 95 1/2, par. 18c-7401

Synopsis As Introduced
Amends the Counties Code and Illinois Municipal Code. Provides that the Illinois Commerce Commission (currently, a court of competent jurisdiction) will determine whether the installation, maintenance, repair, or removal of a community antenna would create a dangerous condition or interrupt service. Amends the Crossing of Railroad Right-of-way Act. Adds providers of broadband service to the definition of "utility". Amends the Illinois Vehicle Code. Provides that cable operators, holders of State authorizations, and broadband service providers shall not be prevented by a railroad from entering onto railroad real estate or right of way for purposes of construction or installation of system or facilities if they have followed the procedures to enter the property as required by statute. Effective immediately.

House Committee Amendment No. 1
Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes: Provides that a community antenna television company shall not cross (currently, just shall not enter upon) any real estate or rights-of-way in the possession or control of specified entities without prior written notice of intent to enter, install, maintain, cross, or remove. Defines "crossing" or "cross". Provides that the written notice shall also include: (i) detailed design and construction plans for installation, maintenance, repair, crossing, or removal; and (ii) a statement, based upon information available to the community antenna television company, confirming that the proposed installation, maintenance, repair, crossing, or removal does not create a dangerous condition or threaten public safety and will not adversely impact railroad operations or disrupt vital transportation services. Provides that within 30 days (currently, 15 business days) of receipt of a written prior notice of entry, the public utility, railroad, or pipeline owner or operator shall investigate and determine whether or not the proposed entry would create a dangerous condition. Provides that, upon application of the community antenna company, the Illinois Commerce Commission Transportation Division (rather than just the Illinois Commerce Commission) shall determine in accordance with the Commission's Rail Safety Program whether the proposed installation, maintenance, repair, crossing, or removal creates a dangerous condition. Removes provisions preventing a railroad form prohibiting a cable operator, holder of State authorization, or broadband service providers from entering onto railroad real estate or right-of-way for purposes of construction or installation of system or facilities under specified circumstances. Provides that a community antenna television company franchised by a municipality or county (rather than a community antenna television company, holder of state authorization, cable operation, or provider of broadband service) shall not enter upon or cross any real estate or rights-of-way in the possession or control of any railroad under specified circumstances. Defines "community antenna television company." Effective immediately.

House Floor Amendment No. 2
Provides that the right to enter (rather than "crossing" or "cross") upon any real estate or rights-of-way includes the installation, construction, operation, repair, maintenance, or removal of wire, cable, fiber, conduit, or related facilities that are at, above, or below grade and that cross the real estate or rights-of-way in a manner that runs generally perpendicular to the railroad tracks or railroad right-of-way. Provides that, in the case of real estate or rights-of-way in possession of or in the control of a railroad, the right to enter upon does not apply to wire, cable, fiber, conduit, or related facilities that run along, within, and generally parallel to, but do not cross, the railroad tracks or railroad right-of-way. Changes the written notice requirements to conform to published and publicly available standards and to include threats to employee safety. Provides that beginning on the effective date the amendatory Act, the Transportation Division of the Illinois Commerce Commission shall include in its annual Crossing Safety Improvement Program report a brief description of the number of cases decided by the Illinois Commerce Commission and the number of cases that remain pending before the Illinois Commerce Commission for the period covered by the report. Effective immediately.

Actions 
DateChamber Action
  1/24/2017HouseFiled with the Clerk by Rep. Jay Hoffman
  1/24/2017HouseFirst Reading
  1/24/2017HouseReferred to Rules Committee
  2/2/2017HouseAssigned to Public Utilities Committee
  3/15/2017HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Jay Hoffman
  3/15/2017HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  3/21/2017HouseHouse Committee Amendment No. 1 Rules Refers to Public Utilities Committee
  3/21/2017HouseHouse Committee Amendment No. 1 Adopted in Public Utilities Committee; by Voice Vote
  3/21/2017HouseDo Pass as Amended / Short Debate Public Utilities Committee; 015-000-000
  3/22/2017HousePlaced on Calendar 2nd Reading - Short Debate
  3/28/2017HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Jay Hoffman
  3/28/2017HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  3/29/2017HouseHouse Floor Amendment No. 2 Rules Refers to Public Utilities Committee
  4/5/2017HouseHouse Floor Amendment No. 2 Recommends Be Adopted Public Utilities Committee; 017-000-000
  4/7/2017HouseSecond Reading - Short Debate
  4/7/2017HouseHouse Floor Amendment No. 2 Adopted
  4/7/2017HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/24/2017HouseThird Reading - Short Debate - Passed 112-000-001
  4/25/2017SenateArrive in Senate
  4/25/2017SenatePlaced on Calendar Order of First Reading
  4/25/2017SenateChief Senate Sponsor Sen. Martin A. Sandoval
  4/25/2017SenateFirst Reading
  4/25/2017SenateReferred to Assignments
  5/2/2017SenateAssigned to Energy and Public Utilities
  5/3/2017SenateAdded as Alternate Co-Sponsor Sen. Mattie Hunter
  5/4/2017SenateAdded as Alternate Co-Sponsor Sen. Sue Rezin
  5/10/2017SenateAdded as Alternate Chief Co-Sponsor Sen. Patricia Van Pelt
  5/11/2017SenatePostponed - Energy and Public Utilities
  5/12/2017SenateRule 2-10 Committee Deadline Established As May 19, 2017
  5/18/2017SenateDo Pass Energy and Public Utilities; 007-000-000
  5/18/2017SenatePlaced on Calendar Order of 2nd Reading May 19, 2017
  5/19/2017SenateSecond Reading
  5/19/2017SenatePlaced on Calendar Order of 3rd Reading May 22, 2017
  5/26/2017SenateRule 2-10 Third Reading Deadline Established As May 31, 2017
  5/29/2017SenateThird Reading - Passed; 055-000-000
  5/29/2017HousePassed Both Houses
  6/27/2017HouseSent to the Governor
  8/22/2017HouseGovernor Approved
  8/22/2017HouseEffective Date August 22, 2017
  8/22/2017HousePublic Act . . . . . . . . . 100-0251

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