27 |
| Section 15. The Motor Fuel Tax Law is amended by changing | 28 |
| Section 8 as
follows:
|
|
|
|
HB4881 |
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LRB093 20917 DRH 46890 b |
|
| 1 |
| (35 ILCS 505/8) (from Ch. 120, par. 424)
| 2 |
| Sec. 8. Except as provided in Section 8a, subdivision
| 3 |
| (h)(1) of Section 12a, Section 13a.6, and items
13, 14, 15, and | 4 |
| 16 of Section 15, all money received by the Department under
| 5 |
| this Act, including payments made to the Department by
member | 6 |
| jurisdictions participating in the International Fuel Tax | 7 |
| Agreement,
shall be deposited in a special fund in the State | 8 |
| treasury, to be known as the
"Motor Fuel Tax Fund", and shall | 9 |
| be used as follows:
| 10 |
| (a) 2 1/2 cents per gallon of the tax collected on special | 11 |
| fuel under
paragraph (b) of Section 2 and Section 13a of this | 12 |
| Act shall be transferred
to the State Construction Account Fund | 13 |
| in the State Treasury;
| 14 |
| (b) $420,000 shall be transferred each month to the State | 15 |
| Boating Act
Fund to be used by the Department of Natural | 16 |
| Resources for the purposes
specified in Article X of the Boat | 17 |
| Registration and Safety Act;
| 18 |
| (c) $2,250,000 shall be transferred each month to the Grade | 19 |
| Crossing
Protection Fund to be used as follows: not less than | 20 |
| $6,000,000 each fiscal
year shall be used for the construction | 21 |
| or reconstruction of rail highway grade
separation structures; | 22 |
| $2,250,000 in fiscal year 2004
and each fiscal
year
thereafter | 23 |
| shall be transferred to the Transportation
Regulatory Fund and | 24 |
| shall be accounted for as part of the rail carrier
portion of | 25 |
| such funds and shall be used to pay the cost of administration
| 26 |
| of the Department of Transportation's
Illinois Commerce | 27 |
| Commission's
railroad safety program in connection
with its | 28 |
| duties under subsection (3) of Section 18c-7401 of the Illinois
| 29 |
| Vehicle Code, with the remainder to be used by the Department | 30 |
| of Transportation
upon order of the Department
Illinois | 31 |
| Commerce Commission, to pay that
part of the
cost apportioned | 32 |
| by the Department
such Commission to the State to
cover the | 33 |
| interest
of the public in the use of highways, roads, streets, | 34 |
| or
pedestrian walkways in the
county highway system, township | 35 |
| and district road system, or municipal
street system as defined | 36 |
| in the Illinois Highway Code, as the same may
from time to time |
|
|
|
HB4881 |
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LRB093 20917 DRH 46890 b |
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| 1 |
| be amended, for separation of grades, for installation,
| 2 |
| construction or reconstruction of crossing protection or | 3 |
| reconstruction,
alteration, relocation including construction | 4 |
| or improvement of any
existing highway necessary for access to | 5 |
| property or improvement of any
grade crossing including the | 6 |
| necessary highway approaches thereto of any
railroad across the | 7 |
| highway or public road, or for the installation,
construction, | 8 |
| reconstruction, or maintenance of a pedestrian walkway over or
| 9 |
| under a railroad right-of-way, as provided for in and in
| 10 |
| accordance with Section 18c-7401 of the Illinois Vehicle Code.
| 11 |
| The Department
Commission shall not order more than $2,000,000 | 12 |
| per year
in Grade
Crossing Protection Fund moneys for | 13 |
| pedestrian walkways.
In entering orders for projects for which | 14 |
| payments from the Grade Crossing
Protection Fund will be made, | 15 |
| the Department
Commission shall account
for expenditures
| 16 |
| authorized by the orders on a cash rather than an accrual | 17 |
| basis. For purposes
of this requirement an "accrual basis" | 18 |
| assumes that the total cost of the
project is expended in the | 19 |
| fiscal year in which the order is entered, while a
"cash basis" | 20 |
| allocates the cost of the project among fiscal years as
| 21 |
| expenditures are actually made. To meet the requirements of | 22 |
| this subsection,
the Department
Illinois Commerce Commission
| 23 |
| shall develop annual and
5-year project plans
of rail crossing | 24 |
| capital improvements that will be paid for with moneys from
the | 25 |
| Grade Crossing Protection Fund. The annual project plan shall | 26 |
| identify
projects for the succeeding fiscal year and the 5-year | 27 |
| project plan shall
identify projects for the 5 directly | 28 |
| succeeding fiscal years. The
Department
Commission
shall | 29 |
| submit the annual and 5-year project plans for this Fund to the | 30 |
| Governor,
the President of the Senate, the Senate Minority | 31 |
| Leader, the Speaker of the
House of Representatives, and the | 32 |
| Minority Leader of the House of
Representatives on
the first | 33 |
| Wednesday in April of each year;
| 34 |
| (d) of the amount remaining after allocations provided for | 35 |
| in
subsections (a), (b) and (c), a sufficient amount shall be | 36 |
| reserved to
pay all of the following:
|
|
|
|
HB4881 |
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LRB093 20917 DRH 46890 b |
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| 1 |
| (1) the costs of the Department of Revenue in | 2 |
| administering this
Act;
| 3 |
| (2) the costs of the Department of Transportation in | 4 |
| performing its
duties imposed by the Illinois Highway Code | 5 |
| for supervising the use of motor
fuel tax funds apportioned | 6 |
| to municipalities, counties and road districts;
| 7 |
| (3) refunds provided for in Section 13 of this Act and | 8 |
| under the terms
of the International Fuel Tax Agreement | 9 |
| referenced in Section 14a;
| 10 |
| (4) from October 1, 1985 until June 30, 1994, the | 11 |
| administration of the
Vehicle Emissions Inspection Law, | 12 |
| which amount shall be certified monthly by
the | 13 |
| Environmental Protection Agency to the State Comptroller | 14 |
| and shall promptly
be transferred by the State Comptroller | 15 |
| and Treasurer from the Motor Fuel Tax
Fund to the Vehicle | 16 |
| Inspection Fund, and for the period July 1, 1994 through
| 17 |
| June 30, 2000, one-twelfth of $25,000,000 each month, for | 18 |
| the period July 1, 2000 through June 30, 2003,
one-twelfth | 19 |
| of
$30,000,000
each month,
and $15,000,000 on July 1, 2003, | 20 |
| and $15,000,000 on January 1 and $15,000,000
on
July
1 of | 21 |
| each calendar year for the period January 1, 2004 through | 22 |
| June 30, 2006,
for the administration of the Vehicle | 23 |
| Emissions Inspection Law of
1995, to be transferred by the | 24 |
| State Comptroller and Treasurer from the Motor
Fuel Tax | 25 |
| Fund into the Vehicle Inspection Fund;
| 26 |
| (5) amounts ordered paid by the Court of Claims; and
| 27 |
| (6) payment of motor fuel use taxes due to member | 28 |
| jurisdictions under
the terms of the International Fuel Tax | 29 |
| Agreement. The Department shall
certify these amounts to | 30 |
| the Comptroller by the 15th day of each month; the
| 31 |
| Comptroller shall cause orders to be drawn for such | 32 |
| amounts, and the Treasurer
shall administer those amounts | 33 |
| on or before the last day of each month;
| 34 |
| (e) after allocations for the purposes set forth in | 35 |
| subsections
(a), (b), (c) and (d), the remaining amount shall | 36 |
| be apportioned as follows:
|
|
|
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HB4881 |
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LRB093 20917 DRH 46890 b |
|
| 1 |
| (1) Until January 1, 2000, 58.4%, and beginning January | 2 |
| 1, 2000, 45.6%
shall be deposited as follows:
| 3 |
| (A) 37% into the State Construction Account Fund, | 4 |
| and
| 5 |
| (B) 63% into the Road Fund, $1,250,000 of which | 6 |
| shall be reserved each
month for the Department of | 7 |
| Transportation to be used in accordance with
the | 8 |
| provisions of Sections 6-901 through 6-906 of the | 9 |
| Illinois Highway Code;
| 10 |
| (2) Until January 1, 2000, 41.6%, and beginning January | 11 |
| 1, 2000, 54.4%
shall be transferred to the Department of | 12 |
| Transportation to be
distributed as follows:
| 13 |
| (A) 49.10% to the municipalities of the State,
| 14 |
| (B) 16.74% to the counties of the State having | 15 |
| 1,000,000 or more inhabitants,
| 16 |
| (C) 18.27% to the counties of the State having less | 17 |
| than 1,000,000 inhabitants,
| 18 |
| (D) 15.89% to the road districts of the State.
| 19 |
| As soon as may be after the first day of each month the | 20 |
| Department of
Transportation shall allot to each municipality | 21 |
| its share of the amount
apportioned to the several | 22 |
| municipalities which shall be in proportion
to the population | 23 |
| of such municipalities as determined by the last
preceding | 24 |
| municipal census if conducted by the Federal Government or
| 25 |
| Federal census. If territory is annexed to any municipality | 26 |
| subsequent
to the time of the last preceding census the | 27 |
| corporate authorities of
such municipality may cause a census | 28 |
| to be taken of such annexed
territory and the population so | 29 |
| ascertained for such territory shall be
added to the population | 30 |
| of the municipality as determined by the last
preceding census | 31 |
| for the purpose of determining the allotment for that
| 32 |
| municipality. If the population of any municipality was not | 33 |
| determined
by the last Federal census preceding any | 34 |
| apportionment, the
apportionment to such municipality shall be | 35 |
| in accordance with any
census taken by such municipality. Any | 36 |
| municipal census used in
accordance with this Section shall be |
|
|
|
HB4881 |
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LRB093 20917 DRH 46890 b |
|
| 1 |
| certified to the Department of
Transportation by the clerk of | 2 |
| such municipality, and the accuracy
thereof shall be subject to | 3 |
| approval of the Department which may make
such corrections as | 4 |
| it ascertains to be necessary.
| 5 |
| As soon as may be after the first day of each month the | 6 |
| Department of
Transportation shall allot to each county its | 7 |
| share of the amount
apportioned to the several counties of the | 8 |
| State as herein provided.
Each allotment to the several | 9 |
| counties having less than 1,000,000
inhabitants shall be in | 10 |
| proportion to the amount of motor vehicle
license fees received | 11 |
| from the residents of such counties, respectively,
during the | 12 |
| preceding calendar year. The Secretary of State shall, on or
| 13 |
| before April 15 of each year, transmit to the Department of
| 14 |
| Transportation a full and complete report showing the amount of | 15 |
| motor
vehicle license fees received from the residents of each | 16 |
| county,
respectively, during the preceding calendar year. The | 17 |
| Department of
Transportation shall, each month, use for | 18 |
| allotment purposes the last
such report received from the | 19 |
| Secretary of State.
| 20 |
| As soon as may be after the first day of each month, the | 21 |
| Department
of Transportation shall allot to the several | 22 |
| counties their share of the
amount apportioned for the use of | 23 |
| road districts. The allotment shall
be apportioned among the | 24 |
| several counties in the State in the proportion
which the total | 25 |
| mileage of township or district roads in the respective
| 26 |
| counties bears to the total mileage of all township and | 27 |
| district roads
in the State. Funds allotted to the respective | 28 |
| counties for the use of
road districts therein shall be | 29 |
| allocated to the several road districts
in the county in the | 30 |
| proportion which the total mileage of such township
or district | 31 |
| roads in the respective road districts bears to the total
| 32 |
| mileage of all such township or district roads in the county. | 33 |
| After
July 1 of any year, no allocation shall be made for any | 34 |
| road district
unless it levied a tax for road and bridge | 35 |
| purposes in an amount which
will require the extension of such | 36 |
| tax against the taxable property in
any such road district at a |
|
|
|
HB4881 |
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LRB093 20917 DRH 46890 b |
|
| 1 |
| rate of not less than either .08% of the value
thereof, based | 2 |
| upon the assessment for the year immediately prior to the year
| 3 |
| in which such tax was levied and as equalized by the Department | 4 |
| of Revenue
or, in DuPage County, an amount equal to or greater | 5 |
| than $12,000 per mile of
road under the jurisdiction of the | 6 |
| road district, whichever is less. If any
road district has | 7 |
| levied a special tax for road purposes
pursuant to Sections | 8 |
| 6-601, 6-602 and 6-603 of the Illinois Highway Code, and
such | 9 |
| tax was levied in an amount which would require extension at a
| 10 |
| rate of not less than .08% of the value of the taxable property | 11 |
| thereof,
as equalized or assessed by the Department of Revenue,
| 12 |
| or, in DuPage County, an amount equal to or greater than | 13 |
| $12,000 per mile of
road under the jurisdiction of the road | 14 |
| district, whichever is less,
such levy shall, however, be | 15 |
| deemed a proper compliance with this
Section and shall qualify | 16 |
| such road district for an allotment under this
Section. If a | 17 |
| township has transferred to the road and bridge fund
money | 18 |
| which, when added to the amount of any tax levy of the road
| 19 |
| district would be the equivalent of a tax levy requiring | 20 |
| extension at a
rate of at least .08%, or, in DuPage County, an | 21 |
| amount equal to or greater
than $12,000 per mile of road under | 22 |
| the jurisdiction of the road district,
whichever is less, such | 23 |
| transfer, together with any such tax levy,
shall be deemed a | 24 |
| proper compliance with this Section and shall qualify
the road | 25 |
| district for an allotment under this Section.
| 26 |
| In counties in which a property tax extension limitation is | 27 |
| imposed
under the Property Tax Extension Limitation Law, road | 28 |
| districts may retain
their entitlement to a motor fuel tax | 29 |
| allotment if, at the time the property
tax
extension limitation | 30 |
| was imposed, the road district was levying a road and
bridge | 31 |
| tax at a rate sufficient to entitle it to a motor fuel tax | 32 |
| allotment
and continues to levy the maximum allowable amount | 33 |
| after the imposition of the
property tax extension limitation. | 34 |
| Any road district may in all circumstances
retain its | 35 |
| entitlement to a motor fuel tax allotment if it levied a road | 36 |
| and
bridge tax in an amount that will require the extension of |
|
|
|
HB4881 |
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LRB093 20917 DRH 46890 b |
|
| 1 |
| the tax against the
taxable property in the road district at a | 2 |
| rate of not less than 0.08% of the
assessed value of the | 3 |
| property, based upon the assessment for the year
immediately | 4 |
| preceding the year in which the tax was levied and as equalized | 5 |
| by
the Department of Revenue or, in DuPage County, an amount | 6 |
| equal to or greater
than $12,000 per mile of road under the | 7 |
| jurisdiction of the road district,
whichever is less.
| 8 |
| As used in this Section the term "road district" means any | 9 |
| road
district, including a county unit road district, provided | 10 |
| for by the
Illinois Highway Code; and the term "township or | 11 |
| district road"
means any road in the township and district road | 12 |
| system as defined in the
Illinois Highway Code. For the | 13 |
| purposes of this Section, "road
district" also includes park | 14 |
| districts, forest preserve districts and
conservation | 15 |
| districts organized under Illinois law and "township or
| 16 |
| district road" also includes such roads as are maintained by | 17 |
| park
districts, forest preserve districts and conservation | 18 |
| districts. The
Department of Transportation shall determine | 19 |
| the mileage of all township
and district roads for the purposes | 20 |
| of making allotments and allocations of
motor fuel tax funds | 21 |
| for use in road districts.
| 22 |
| Payment of motor fuel tax moneys to municipalities and | 23 |
| counties shall
be made as soon as possible after the allotment | 24 |
| is made. The treasurer
of the municipality or county may invest | 25 |
| these funds until their use is
required and the interest earned | 26 |
| by these investments shall be limited
to the same uses as the | 27 |
| principal funds.
| 28 |
| (Source: P.A. 92-16, eff. 6-28-01; 92-30, eff. 7-1-01; 93-32, | 29 |
| eff.
6-20-03.)
|
|
30 |
| Section 20. The Public Utilities Act is amended by changing | 31 |
| Sections 1-102
and 7-102 as
follows:
| 32 |
| (220 ILCS 5/1-102) (from Ch. 111 2/3, par. 1-102)
| 33 |
| Sec. 1-102. Findings and Intent. The General Assembly | 34 |
| finds that the
health, welfare and prosperity of all Illinois |
|
|
|
HB4881 |
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LRB093 20917 DRH 46890 b |
|
| 1 |
| citizens require the
provision of adequate, efficient, | 2 |
| reliable, environmentally safe and
least-cost public utility | 3 |
| services at prices which accurately reflect the
long-term cost | 4 |
| of such services and which are equitable to all citizens. It
is | 5 |
| therefore declared to be the policy of the State that public | 6 |
| utilities
shall continue to be regulated effectively and | 7 |
| comprehensively. It is further
declared that the goals and | 8 |
| objectives of such regulation shall be to ensure
| 9 |
| (a) Efficiency: the provision of reliable energy | 10 |
| services at the least
possible cost to the citizens of the | 11 |
| State; in such manner that:
| 12 |
| (i) physical, human and financial resources are | 13 |
| allocated efficiently;
| 14 |
| (ii) all supply and demand options are considered | 15 |
| and evaluated using
comparable terms and methods in | 16 |
| order to determine how utilities shall meet
their | 17 |
| customers' demands for public utility services at the | 18 |
| least cost;
| 19 |
| (iii) utilities are allowed a sufficient return on | 20 |
| investment so as to
enable them to attract capital in | 21 |
| financial markets at competitive rates;
| 22 |
| (iv) tariff rates for the sale of various public | 23 |
| utility services are
authorized such that they | 24 |
| accurately reflect the cost of delivering those
| 25 |
| services and allow utilities to recover the total costs | 26 |
| prudently and
reasonably incurred;
| 27 |
| (v) variation in costs by customer class and time | 28 |
| of use is taken into
consideration in authorizing rates | 29 |
| for each class.
| 30 |
| (b) Environmental Quality: the protection of the | 31 |
| environment from the
adverse external costs of public | 32 |
| utility services so that
| 33 |
| (i) environmental costs of proposed actions having | 34 |
| a significant impact
on the environment and the | 35 |
| environmental impact of the alternatives are
| 36 |
| identified, documented and considered in the |
|
|
|
HB4881 |
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LRB093 20917 DRH 46890 b |
|
| 1 |
| regulatory process;
| 2 |
| (ii) the prudently and reasonably incurred costs | 3 |
| of environmental
controls are recovered.
| 4 |
| (c) Reliability: the ability of utilities to provide | 5 |
| consumers with
public utility services under varying | 6 |
| demand conditions in such manner that
suppliers of public | 7 |
| utility services are able to provide service at varying
| 8 |
| levels of economic reliability giving appropriate | 9 |
| consideration to the
costs likely to be incurred as a | 10 |
| result of service interruptions, and to
the costs of | 11 |
| increasing or maintaining current levels of reliability
| 12 |
| consistent with commitments to consumers.
| 13 |
| (d) Equity: the fair treatment of consumers and | 14 |
| investors in order that
| 15 |
| (i) the public health, safety and welfare shall be | 16 |
| protected;
| 17 |
| (ii) the application of rates is based on public | 18 |
| understandability and
acceptance of the reasonableness | 19 |
| of the rate structure and level;
| 20 |
| (iii) the cost of supplying public utility | 21 |
| services is allocated to
those who cause the costs to | 22 |
| be incurred;
| 23 |
| (iv) if factors other than cost of service are | 24 |
| considered in regulatory
decisions, the rationale for | 25 |
| these actions is set forth;
| 26 |
| (v) regulation allows for orderly transition | 27 |
| periods to accommodate
changes in public utility | 28 |
| service markets;
| 29 |
| (vi) regulation does not result in undue or | 30 |
| sustained adverse impact on
utility earnings;
| 31 |
| (vii) the impacts of regulatory actions on all | 32 |
| sectors of the State are
carefully weighed;
| 33 |
| (viii) the rates for utility services are | 34 |
| affordable and therefore
preserve the availability of | 35 |
| such services to all citizens.
| 36 |
| It is further declared to be the policy of the State that |
|
|
|
HB4881 |
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LRB093 20917 DRH 46890 b |
|
| 1 |
| this Act shall
not apply in relation to motor carriers and rail | 2 |
| carriers as defined in the
Illinois Commercial Transportation | 3 |
| Law, or to
the
Commission in the regulation of such carriers.
| 4 |
| Nothing in this Act shall be construed to limit, restrict, | 5 |
| or mitigate in
any way the power and authority of the State's | 6 |
| Attorneys or the Attorney
General under the Consumer Fraud and | 7 |
| Deceptive Business Practices Act.
| 8 |
| (Source: P.A. 92-22, eff. 6-30-01.)
| 9 |
| (220 ILCS 5/7-102) (from Ch. 111 2/3, par. 7-102)
| 10 |
| Sec. 7-102. Transactions requiring Commission approval.
| 11 |
| (A) Unless the
consent and approval of the Commission is | 12 |
| first
obtained or unless such approval is waived by the | 13 |
| Commission or is exempted
in
accordance with the provisions of | 14 |
| this Section or of any other Section of
this Act:
| 15 |
| (a) No 2 or more public utilities may enter into | 16 |
| contracts with
each other that will enable such public | 17 |
| utilities to operate their lines
or plants in connection | 18 |
| with each other.
| 19 |
| (b) No public utility may purchase, lease, or in any | 20 |
| other manner
acquire control, direct or indirect, over the | 21 |
| franchises, licenses,
permits, plants, equipment, business | 22 |
| or other property of any other
public utility.
| 23 |
| (c) No public utility may assign, transfer, lease, | 24 |
| mortgage, sell
(by option or otherwise), or otherwise | 25 |
| dispose of or encumber the whole
or any part of its | 26 |
| franchises, licenses, permits, plant, equipment,
business, | 27 |
| or other property, but the consent and approval of
the | 28 |
| Commission (or the Department of Transportation, as its | 29 |
| successor in
railroad regulation matters) shall not be | 30 |
| required for the sale, lease,
assignment
or transfer (1) by | 31 |
| any public utility of any tangible personal property
which | 32 |
| is not necessary or useful in the performance of its duties | 33 |
| to the
public, or (2) by any railroad of any real or | 34 |
| tangible personal
property.
| 35 |
| (d) No public utility may by any means, direct or |
|
|
|
HB4881 |
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LRB093 20917 DRH 46890 b |
|
| 1 |
| indirect, merge or
consolidate its franchises, licenses, | 2 |
| permits, plants, equipment,
business or other property | 3 |
| with that of any other public utility.
| 4 |
| (e) No public utility may purchase, acquire, take or | 5 |
| receive any
stock, stock certificates, bonds, notes or | 6 |
| other evidences of
indebtedness of any other public | 7 |
| utility.
| 8 |
| (f) No public utility may in any manner, directly or | 9 |
| indirectly,
guarantee the performance of any contract or | 10 |
| other obligation of any
other person, firm or corporation | 11 |
| whatsoever.
| 12 |
| (g) No public utility may use, appropriate, or divert | 13 |
| any of its
moneys, property or other resources in or to any | 14 |
| business or enterprise
which is not, prior to such use, | 15 |
| appropriation or diversion essentially
and directly | 16 |
| connected with or a proper and necessary department or
| 17 |
| division of the business of such public utility; provided | 18 |
| that this
subsection shall not be construed as modifying | 19 |
| subsections (a) through
(e) of this Section.
| 20 |
| (h) No public utility may, directly or indirectly, | 21 |
| invest, loan or
advance, or permit to be invested, loaned | 22 |
| or advanced any of its moneys,
property or other resources | 23 |
| in, for, in behalf of or to any other
person, firm, trust, | 24 |
| group, association, company or corporation
whatsoever, | 25 |
| except that no consent or approval by the Commission is
| 26 |
| necessary for the purchase of stock in development credit | 27 |
| corporations
organized under the Illinois Development | 28 |
| Credit Corporation Act, providing that
no
such purchase may | 29 |
| be made hereunder if, as a result of such purchase,
the | 30 |
| cumulative purchase price of all such shares owned by the | 31 |
| utility
would exceed one-fiftieth of one per cent of the | 32 |
| utility's gross
operating revenue for the preceding | 33 |
| calendar year.
| 34 |
| (B) Any public utility may present to the Commission for
| 35 |
| approval
options or contracts to sell or lease real property, | 36 |
| notwithstanding
that the value of the property under option may |
|
|
|
HB4881 |
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LRB093 20917 DRH 46890 b |
|
| 1 |
| have changed between the
date of the option and the subsequent | 2 |
| date of sale or lease. If the
options or contracts are approved | 3 |
| by the Commission, subsequent sales or
leases in conformance | 4 |
| with those options or contracts may be made by the
public | 5 |
| utility without any further action by the Commission. If | 6 |
| approval
of the options or contracts is denied by the | 7 |
| Commission, the options or
contracts are void and any | 8 |
| consideration theretofore paid to the public
utility must be | 9 |
| refunded within 30 days following disapproval of the
| 10 |
| application.
| 11 |
| (C) The proceedings for obtaining the approval of the | 12 |
| Commission
provided
for in this Section shall be as follows: | 13 |
| There shall be filed with
the Commission a petition, joint or | 14 |
| otherwise, as the case may be,
signed and verified by the | 15 |
| president, any vice president, secretary,
treasurer, | 16 |
| comptroller, general manager, or chief engineer of the
| 17 |
| respective companies, or by the person or company, as the case | 18 |
| may be,
clearly setting forth the object and purposes desired, | 19 |
| and setting forth
the full and complete terms of the proposed | 20 |
| assignment, transfer, lease,
mortgage, purchase, sale, merger, | 21 |
| consolidation, contract or other
transaction, as the case may | 22 |
| be. Upon the filing of such petition, the
Commission shall, if | 23 |
| it deems necessary, fix a time and place for the
hearing | 24 |
| thereon. After such hearing, or in case no hearing is required,
| 25 |
| if the Commission is satisfied that such petition should | 26 |
| reasonably be
granted, and that the public will be convenienced | 27 |
| thereby, the
Commission shall make such order in the premises | 28 |
| as it may deem proper
and as the circumstances may require, | 29 |
| attaching such conditions as it
may deem proper, and thereupon | 30 |
| it shall be lawful to do the things
provided for in such order. | 31 |
| The Commission shall impose such conditions
as will protect the | 32 |
| interest of minority and preferred stockholders.
| 33 |
| (D) The Commission shall have power by general rules | 34 |
| applicable alike to
all public utilities, other than electric | 35 |
| and gas public utilities,
affected thereby to waive the filing | 36 |
| and necessity
for approval of the following: (a) sales of |
|
|
|
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| 1 |
| property involving a
consideration of not more than $300,000 | 2 |
| for utilities with gross revenues in
excess of $50,000,000 | 3 |
| annually and a consideration of not more than
$100,000 for all | 4 |
| other utilities; (b) leases, easements and
licenses involving a | 5 |
| consideration or rental of not more than $30,000 per
year for | 6 |
| utilities with gross revenues in excess of $50,000,000 annually | 7 |
| and
a
consideration or rental of not more than $10,000 per
year | 8 |
| for all other utilities; (c) leases of office building space | 9 |
| not
required by
the public
utility in rendering service to the | 10 |
| public; (d) the temporary leasing,
lending or interchanging of | 11 |
| equipment in the ordinary course of business
or in case of an | 12 |
| emergency; and (e) purchase-money mortgages given by a
public | 13 |
| utility in connection with the purchase of tangible personal
| 14 |
| property where the total obligation to be secured shall be | 15 |
| payable
within a period not exceeding one year. However, if the
| 16 |
| Commission,
after a hearing, finds that any public utility to | 17 |
| which such rule is
applicable is abusing or has abused
such | 18 |
| general rule and thereby is evading compliance with the | 19 |
| standard
established herein, the Commission shall have power to | 20 |
| require such
public utility to thereafter file and receive the | 21 |
| Commission's approval
upon all such transactions as described | 22 |
| in this Section, but such
general rule shall remain in full | 23 |
| force and effect as to all other
public utilities to which such | 24 |
| rule is applicable.
| 25 |
| (E) The filing of, and the consent and approval of the | 26 |
| Commission for,
any
assignment, transfer, lease, mortgage, | 27 |
| purchase, sale, merger, consolidation,
contract or other | 28 |
| transaction by an electric or gas public utility with gross
| 29 |
| revenues in all jurisdictions of $250,000,000 or more annually | 30 |
| involving a sale
price or annual consideration in an amount of | 31 |
| $5,000,000 or less shall not be
required. The Commission shall | 32 |
| also have the authority, on petition by an
electric or gas | 33 |
| public utility with gross revenues in all jurisdictions of
| 34 |
| $250,000,000 or more annually, to establish by order higher | 35 |
| thresholds than the
foregoing for the requirement of approval | 36 |
| of transactions by the Commission
pursuant to this Section for |
|
|
|
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|
| 1 |
| the electric or gas public utility, but no greater
than 1% of | 2 |
| the electric or gas public utility's average total gross | 3 |
| utility
plant in service in the case of sale, assignment or | 4 |
| acquisition of property, or
2.5% of the electric or gas public | 5 |
| utility's total revenue in the case of
other sales price or | 6 |
| annual consideration, in each case based on the preceding
| 7 |
| calendar year, and subject to the power of the Commission, | 8 |
| after notice and
hearing, to further revise those thresholds at | 9 |
| a later date. In addition to
the foregoing, the Commission | 10 |
| shall have power by general rules applicable
alike to all | 11 |
| electric and gas public utilities affected thereby to waive the
| 12 |
| filing and necessity for approval of the following: (a) sales | 13 |
| of property
involving a consideration of $100,000 or less for | 14 |
| electric and gas utilities
with gross revenues in all | 15 |
| jurisdictions of less than $250,000,000 annually;
(b)
leases, | 16 |
| easements and licenses involving a consideration or rental of | 17 |
| not more
than $10,000 per year for electric and gas utilities | 18 |
| with gross revenues in all
jurisdictions of less than | 19 |
| $250,000,000 annually; (c) leases of office building
space not | 20 |
| required by the electric or gas public utility in rendering | 21 |
| service
to the public; (d) the temporary leasing, lending or | 22 |
| interchanging of equipment
in the ordinary course of business | 23 |
| or in the case of an emergency; and (e)
purchase-money | 24 |
| mortgages given by an electric or gas public utility in
| 25 |
| connection with the purchase of tangible personal property | 26 |
| where the total
obligation to be secured shall be payable | 27 |
| within a period of one year or less.
However, if the | 28 |
| Commission, after a hearing, finds that any electric or gas
| 29 |
| public utility is abusing or has abused such general rule and | 30 |
| thereby is
evading compliance with the standard established | 31 |
| herein, the Commission shall
have power to require such | 32 |
| electric or gas public utility to thereafter file
and receive | 33 |
| the Commission's approval upon all such transactions as | 34 |
| described
in this Section and not exempted pursuant to the | 35 |
| first sentence of this
paragraph or to subsection (g) of | 36 |
| Section 16-111 of this Act, but such general
rule shall remain |
|
|
|
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LRB093 20917 DRH 46890 b |
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| 1 |
| in full force and effect as to all other electric and gas
| 2 |
| public utilities.
| 3 |
| Every assignment, transfer, lease, mortgage, sale or other
| 4 |
| disposition or encumbrance of the whole or any part of the | 5 |
| franchises,
licenses, permits, plant, equipment, business or | 6 |
| other property of any
public utility, or any merger or | 7 |
| consolidation thereof, and every
contract, purchase of stock, | 8 |
| or other transaction referred to in this
Section and not | 9 |
| exempted in accordance with the provisions of the immediately
| 10 |
| preceding paragraph of this Section, made otherwise than in | 11 |
| accordance with
an order
of the
Commission authorizing the | 12 |
| same, except as provided in this Section,
shall be void. The | 13 |
| provisions of this Section shall not apply to any
transactions | 14 |
| by or with a political subdivision or municipal corporation
of | 15 |
| this State.
| 16 |
| (F) The provisions of this Section do not apply to the | 17 |
| purchase or sale
of
emission allowances created under and | 18 |
| defined in Title IV of the federal Clean
Air Act Amendments of | 19 |
| 1990 (P.L. 101-549), as amended.
| 20 |
| (Source: P.A. 90-561, eff. 12-16-97; 91-357, eff. 7-29-99.)
|
|
21 |
| Section 25. The Illinois Vehicle Code is amended by
| 22 |
| changing Sections 18c-1104, 18c-1201, 18c-1202,
18c-1204, | 23 |
| 18c-1502, 18c-1502.05, 18c-1502.10,
18c-1505, 18c-1601, | 24 |
| 18c-3304, 18c-7101,
18c-7201, 18c-7401, 18c-7402, 18c-7402.1,
| 25 |
| 18c-7403, 18c-7404, adding Section 18c-1201.1,
and changing | 26 |
| the heading of Chapter 18C,
Sub-chapter 1, Article II
as | 27 |
| follows:
| 28 |
| (625 ILCS 5/18c-1104) (from Ch. 95 1/2, par. 18c-1104)
| 29 |
| Sec. 18c-1104. Definitions. The following terms, when used | 30 |
| in this
Chapter, have the hereinafter designated meanings | 31 |
| unless their context
clearly indicates otherwise:
| 32 |
| (1) "Broker" means any person other than a motor carrier of
| 33 |
| property, that arranges, offers to arrange, or holds
itself | 34 |
| out, by solicitation, advertisement, or
otherwise, as |
|
|
|
HB4881 |
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|
| 1 |
| arranging or offering to arrange for-hire
transportation of | 2 |
| property or other service in
connection therewith by a motor | 3 |
| carrier of property
which holds or is required to hold a | 4 |
| license issued by the Commission.
| 5 |
| (2) "Carrier" means any motor carrier or rail carrier other | 6 |
| than a private
carrier.
| 7 |
| (3) "Certificate" means a certificate of public | 8 |
| convenience
and necessity issued under this Chapter to common | 9 |
| carriers
of household goods.
| 10 |
| (4) "Commission" means the Illinois Commerce Commission.
| 11 |
| (5) "Commission regulations and orders" means rules and
| 12 |
| regulations adopted and orders or decisions issued by the | 13 |
| Commission
pursuant to this Chapter; any certificate, permit,
| 14 |
| broker's license or other license or registration issued
| 15 |
| pursuant to such rules, regulations, orders and decisions; and | 16 |
| all
terms, conditions, or limitations thereof.
| 17 |
| (5.5) "Department" means the Illinois Department of | 18 |
| Transportation.
| 19 |
| (6) (Blank).
| 20 |
| (7) (Blank).
| 21 |
| (8) (Blank).
| 22 |
| (9) "Discrimination" means undue discrimination in the
| 23 |
| context of the particular mode of transportation involved.
| 24 |
| (10) "Farm crossing" means a crossing used for agricultural | 25 |
| and livestock
purposes only.
| 26 |
| (11) "For-hire" means for compensation or hire, regardless | 27 |
| of
the form of compensation and whether compensation is direct | 28 |
| or indirect.
| 29 |
| (12) "Freight forwarder" means any person other than a | 30 |
| motor
carrier, rail carrier, or common carrier by pipeline
| 31 |
| which holds itself out as a common carrier to provide
| 32 |
| transportation of property, for compensation or hire,
which, in | 33 |
| the rendition of its services:
| 34 |
| (a) Undertakes responsibility for the consolidation
| 35 |
| (where applicable), transportation, break-bulk
(where | 36 |
| applicable), and distribution of such
property from the |
|
|
|
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| 1 |
| point of receipt to the point of delivery; and
| 2 |
| (b) Utilizes, for the transportation of such property,
| 3 |
| the services of one or more motor carriers or rail | 4 |
| carriers.
| 5 |
| (13) "Hazardous material" means any substance or material | 6 |
| in
a quantity and form determined by the federal Office of
| 7 |
| Hazardous Materials and the Federal Railroad
Administration to | 8 |
| be capable of posing an unreasonable
risk to health, safety, or | 9 |
| property when transported in commerce.
| 10 |
| (13.1) "Household goods" means:
| 11 |
| (A) Personal effects and property used or to be used in | 12 |
| a dwelling when
a
part of
the equipment or supply of such | 13 |
| dwelling;
except that this subdivision (13.1) shall not be | 14 |
| construed to include property
moving from a factory or | 15 |
| store, except such property as the householder has
| 16 |
| purchased with intent to use in his or her dwelling and | 17 |
| that is transported at
the request of, and the | 18 |
| transportation charges paid to the carrier by, the
| 19 |
| householder;
| 20 |
| (B) Furniture, fixtures, equipment, and the property | 21 |
| of stores, offices,
museums,
institutions, hospitals, or | 22 |
| other establishments, when a part of the stock,
equipment, | 23 |
| or supply of such stores, offices, museums, institutions, | 24 |
| hospitals,
or other establishments; except that this | 25 |
| subdivision (13.1) shall not be
construed to
include the | 26 |
| stock-in-trade of any establishment, whether consignor or
| 27 |
| consignee, other than used furniture and used fixtures, | 28 |
| except when transported
as an incident to the moving of the | 29 |
| establishment, or a portion thereof, from
one location to | 30 |
| another; and
| 31 |
| (C) Articles, including, but not limited to, objects of | 32 |
| art, displays,
and
exhibits,
which,
because of their | 33 |
| unusual nature or value, require the specialized handling | 34 |
| and
equipment usually employed in moving household goods; | 35 |
| except that this
subdivision (13.1) shall not be construed | 36 |
| to include any article, whether
crated or
uncrated, that |
|
|
|
HB4881 |
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LRB093 20917 DRH 46890 b |
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| 1 |
| does not, because of its unusual nature or value, require | 2 |
| the
specialized handling and equipment usually employed in | 3 |
| moving household goods.
| 4 |
| (13.2) "Household goods carrier" means a motor carrier of | 5 |
| property
authorized to transport household goods.
| 6 |
| (13.3) "Household goods common carrier" means any | 7 |
| household goods carrier
engaged in transportation for the | 8 |
| general public over regular or irregular
routes. Household | 9 |
| goods common carriers may also be referred to as "common
| 10 |
| carriers of household goods".
| 11 |
| (13.4) "Household goods contract carrier"
means any | 12 |
| household goods carrier engaged in transportation under | 13 |
| contract with
a limited number of shippers (that shall not be | 14 |
| freight forwarders, shippers'
agents or brokers) that either | 15 |
| (a) assigns motor vehicles for a continuing
period of time to | 16 |
| the exclusive use of the shipper or shippers served, or (b)
| 17 |
| furnishes transportation service designed to meet the distinct | 18 |
| need of the
shipper or shippers served. Household goods | 19 |
| contract carriers may also be
referred to as "contract carriers | 20 |
| of household goods".
| 21 |
| (14) "Interstate carrier" means any person engaged in the
| 22 |
| for-hire transportation of persons or property in
interstate or | 23 |
| foreign commerce in this State, whether or
not such | 24 |
| transportation is pursuant to authority issued
to it by the | 25 |
| Interstate Commerce Commission.
| 26 |
| (15) "Intrastate carrier" means any person engaged in the
| 27 |
| for-hire transportation of persons or property in
intrastate | 28 |
| commerce in this State.
| 29 |
| (16) "Interstate commerce" means commerce between a point | 30 |
| in
the State of Illinois and a point outside the State of
| 31 |
| Illinois, or between points outside the State of
Illinois when | 32 |
| such commerce moves through Illinois, or
between points in | 33 |
| Illinois moving through another state
in a bona fide operation | 34 |
| that is either exempt from
federal regulation or moves under a | 35 |
| certificate or permit issued by
the Interstate Commerce | 36 |
| Commission authorizing interstate transportation,
whether such |
|
|
|
HB4881 |
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|
| 1 |
| commerce moves wholly by motor vehicle or
partly by motor | 2 |
| vehicle and partly by any other
regulated means of | 3 |
| transportation where the commodity
does not come to rest or | 4 |
| change its identity during the
movement, and includes commerce | 5 |
| originating or
terminating in a foreign country moving through | 6 |
| the State of Illinois.
| 7 |
| (17) "Intrastate commerce" means commerce moving wholly
| 8 |
| between points within the State of Illinois, whether
such | 9 |
| commerce moves wholly by one transportation mode or partly by
| 10 |
| one mode and partly by any other mode of transportation.
| 11 |
| (18) "License" means any certificate, permit, broker's
| 12 |
| license, or other license issued under this Chapter. For | 13 |
| purposes of Article
III of Sub-chapter 4 of this Chapter, | 14 |
| "license" does not include a "public
carrier certificate".
| 15 |
| (19) "Motor carrier" means any person engaged in the
| 16 |
| transportation of property or passengers, or both, for
hire, | 17 |
| over the public roads of this State, by motor
vehicle. Motor | 18 |
| carriers engaged in the transportation
of property are referred | 19 |
| to as "motor carriers of
property"; motor carriers engaged in | 20 |
| the transportation
of passengers are referred to as "motor | 21 |
| carriers of
passengers" or "bus companies".
| 22 |
| (20) "Motor vehicle" means any vehicle, truck, | 23 |
| trucktractor,
trailer or semitrailer propelled or drawn by | 24 |
| mechanical
power and used upon the highways of the State in the
| 25 |
| transportation of property or passengers.
| 26 |
| (21) "Non-relocation towing" means the:
| 27 |
| (a) For-hire transportation of vehicles by use of | 28 |
| wrecker or towing
equipment, other than the removal of | 29 |
| trespassing vehicles from private
property subject to the | 30 |
| provisions of Chapter 18a of this Code, and other
than | 31 |
| transportation exempted by Section 18c-4102; and
| 32 |
| (b) For-hire towing of wheeled property other than | 33 |
| vehicles.
| 34 |
| (22) "Notice" means with regard to all proceedings except | 35 |
| enforcement
proceedings instituted on the motion of the | 36 |
| Commission, and except for
interstate motor carrier |
|
|
|
HB4881 |
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|
| 1 |
| registrations, public notice by publication in the
official | 2 |
| state newspaper, unless otherwise provided in this Chapter.
| 3 |
| (23) "Official state newspaper" means the newspaper
| 4 |
| designated and certified to the Commission annually by
the | 5 |
| Director of Central Management Services of the State
of | 6 |
| Illinois, or, if said Director fails to certify to
the | 7 |
| Commission the name and address of the official
newspaper | 8 |
| selected by the Director prior to expiration
of the previous | 9 |
| certification, the newspaper designated
in the most recent | 10 |
| certification.
| 11 |
| (24) "Party" means any person admitted as a party to a
| 12 |
| Commission or Department proceeding or seeking and entitled as | 13 |
| a
matter of right to admission as a party to a Commission or | 14 |
| Department
proceeding.
| 15 |
| (25) "Permit" means a permit issued under this Chapter to
| 16 |
| contract carriers of property by motor vehicle.
| 17 |
| (26) "Person" means any natural person or legal entity,
| 18 |
| whether such entity is a proprietorship, partnership,
| 19 |
| corporation, association, or other entity, and, where a
| 20 |
| provision concerns the acts or omissions of a person,
includes | 21 |
| the partners, officers, employees, and agents
of the person, as | 22 |
| well as any trustees, assignees,
receivers, or personal | 23 |
| representatives of the person.
| 24 |
| (27) "Private carrier by motor vehicle" means any person
| 25 |
| engaged in the transportation of property or passengers
by | 26 |
| motor vehicle other than for hire, whether the person
is the | 27 |
| owner, lessee or bailee of the lading or
otherwise, when the | 28 |
| transportation is for the purpose of sale, lease, or
bailment | 29 |
| and in furtherance of the person's primary business, other than
| 30 |
| transportation. "Private carriers by motor vehicle" may be
| 31 |
| referred to as "private carriers". Ownership, lease or
bailment | 32 |
| of the lading is not sufficient proof of a
private carrier | 33 |
| operation if the carrier is, in fact,
engaged in the | 34 |
| transportation of property for-hire.
| 35 |
| (27.1) "Public carrier" means a motor carrier of property, | 36 |
| other than a
household goods carrier.
|
|
|
|
HB4881 |
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LRB093 20917 DRH 46890 b |
|
| 1 |
| (27.2) "Public carrier certificate" means a certificate | 2 |
| issued to a motor
carrier to transport property, other than | 3 |
| household goods, in intrastate
commerce. The issuance of a | 4 |
| public carrier certificate shall not be subject to
the | 5 |
| provisions of Article I of Sub-chapter 2 of this Chapter.
| 6 |
| (28) "Public convenience and necessity" shall be construed | 7 |
| to have the same
meaning under this Chapter as it was construed | 8 |
| by the courts to have under the
Illinois Motor Carrier of | 9 |
| Property Law, with respect to motor carriers of
property, and | 10 |
| the Public Utilities Act with respect to motor
carriers of | 11 |
| passengers and rail carriers.
| 12 |
| (29) "Public interest" shall be construed to have the same
| 13 |
| meaning under this Chapter as it was construed by the courts
to | 14 |
| have under the Illinois Motor Carrier of Property Law.
| 15 |
| (30) "Rail carrier" means any person engaged in the
| 16 |
| transportation of property or passengers for hire by
railroad, | 17 |
| together with all employees or agents of such
person or entity, | 18 |
| and all property used, controlled, or
owned by such person or | 19 |
| entity.
| 20 |
| (31) "Railroad" means track and associated structures,
| 21 |
| including bridges, tunnels, switches, spurs, terminals
and | 22 |
| other facilities, and equipment, including engines,
freight | 23 |
| cars, passenger cars, cabooses, and other
equipment, used in | 24 |
| the transportation of property or
passengers by rail.
| 25 |
| (32) "Rail yard" means a system of parallel tracks, | 26 |
| cross-overs and
switches where cars are switched and made up | 27 |
| into trains, and where cars,
locomotives, and other rolling | 28 |
| stock are kept when not in use or awaiting
repairs. A "rail | 29 |
| yard" may also be referred to as a "yard".
| 30 |
| (33) "Rate" means every individual or joint rate, fare, | 31 |
| toll,
or charge of any carrier or carriers, any provisions | 32 |
| relating to
application thereof, and any tariff or schedule
| 33 |
| containing rates and provisions. The term "tariff"
refers to a | 34 |
| publication or document containing motor
common carrier rates | 35 |
| and provisions
or rates and provisions applicable
via rail | 36 |
| carrier under contracts established pursuant to
49 U.S. Code |
|
|
|
HB4881 |
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LRB093 20917 DRH 46890 b |
|
| 1 |
| 10713. The term "schedule" refers to a
publication or document | 2 |
| containing motor contract
carrier rates and provisions.
| 3 |
| (34) "Registration" means a registration issued to an
| 4 |
| interstate carrier.
| 5 |
| (35) "Shipper" means the consignor or consignee.
| 6 |
| (36) "Terminal area" means, in addition to the area within | 7 |
| the corporate
boundary of an incorporated city, village, | 8 |
| municipality,
or community center, the area (whether | 9 |
| incorporated
or unincorporated) within 10 air miles of the
| 10 |
| corporate limits of the base city, village, municipality, or
| 11 |
| community center, including all of any city,
village or | 12 |
| municipality which lies within such area.
| 13 |
| (37) "Transfer" means the sale, lease, consolidation, | 14 |
| merger, acquisition
or change of control, or other transfer of | 15 |
| a license, in whole or in part.
| 16 |
| (38) "Transportation" means the actual movement of | 17 |
| property or passengers
by motor vehicle (without regard to | 18 |
| ownership of vehicles or equipment used
in providing | 19 |
| transportation service) or rail together with loading,
| 20 |
| unloading, and any other accessorial or ancillary service | 21 |
| provided by the
carrier in connection with movement by motor | 22 |
| vehicle or rail,
which is performed by or on behalf of the | 23 |
| carriers, its employees or agents,
or under the authority or | 24 |
| direction of the carrier or under the apparent
authority or | 25 |
| direction and with the knowledge of the carrier. Transportation
| 26 |
| of property by motor vehicle includes driveaway or towaway | 27 |
| delivery service.
| 28 |
| (39) "Towing" means the pushing, towing, or drawing of | 29 |
| wheeled
property by means of a crane, hoist, towbar, towline, | 30 |
| or auxiliary axle.
| 31 |
| (40) "Wrecker or towing equipment" means tow trucks or | 32 |
| auxiliary axles,
when used in relation to towing accidentally | 33 |
| wrecked or disabled vehicles; and
roll-back carriers or | 34 |
| trailers, when used in relation to transporting
accidentally | 35 |
| wrecked or disabled vehicles. Wrecker or towing equipment does
| 36 |
| not include car carriers or trailers other than roll-back car |
|
|
|
HB4881 |
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LRB093 20917 DRH 46890 b |
|
| 1 |
| carriers or
trailers.
| 2 |
| (Source: P.A. 89-42, eff. 1-1-96; 89-444, eff. 1-25-96; 90-14, | 3 |
| eff.
7-1-97.)
| 4 |
| (625 ILCS 5/Chapter 18C, Sub-chapter 1, Article II heading)
| 5 |
| ARTICLE II. | 6 |
| JURISDICTION AND POWER
OF THE COMMISSION AND DEPARTMENT
| 7 |
| (625 ILCS 5/18c-1201) (from Ch. 95 1/2, par. 18c-1201)
| 8 |
| Sec. 18c-1201. Jurisdiction. The jurisdiction of the | 9 |
| Commission under
this Chapter shall extend to
for-hire | 10 |
| transportation by motor carrier and rail carrier , the | 11 |
| activities
of
brokers, and to
other activities specifically | 12 |
| enumerated herein, within the State
of Illinois, and except as | 13 |
| otherwise provided elsewhere in this Chapter
shall extend only | 14 |
| to intrastate commerce.
| 15 |
| (Source: P.A. 89-42, eff. 1-1-96.)
| 16 |
| (625 ILCS 5/18c-1201.1 new)
| 17 |
| Sec. 18c-1201.1. Transfer of functions, powers, and duties | 18 |
| relating to
railroads.
| 19 |
| (a) All functions, powers, and duties of the Illinois | 20 |
| Commerce Commission
that relate to railroads are transferred to | 21 |
| and vested in the
Department of Transportation.
Any reference | 22 |
| to the Illinois Commerce Commission in any law of this
State | 23 |
| relating to railroad regulation shall be deemed to be a | 24 |
| reference to the
Department of Transportation.
In the context | 25 |
| of the functions, powers, and duties of the Illinois Commerce
| 26 |
| Commission, a reference to "this Chapter" is deemed to be a | 27 |
| reference to the
portions of this Chapter that are under the | 28 |
| jurisdiction of the Illinois
Commerce Commission.
| 29 |
| (b) Exercise of authority necessary or appropriate to | 30 |
| perform
transferred functions and carry out transferred | 31 |
| programs. To the extent
necessary or appropriate to perform | 32 |
| functions, powers, and duties, and carry
out
programs | 33 |
| transferred by this Section, the Secretary of Transportation |
|
|
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| 1 |
| may
exercise, in relation to the functions transferred, any | 2 |
| authority or part of
any authority available by law, including | 3 |
| appropriation Acts, from which those
functions, powers, and | 4 |
| duties were transferred.
| 5 |
| (c) Legal documents and proceedings.
| 6 |
| (1) All orders, determinations, rules, regulations, | 7 |
| permits, grants,
loans, contracts, agreements, | 8 |
| certificates, licenses, and privileges that (A)
have been | 9 |
| issued, made, granted, or allowed to become effective by | 10 |
| the
Commission, any officer or employee of the Commission, | 11 |
| or any other government
official, or by a court of | 12 |
| competent jurisdiction, in the performance of any
| 13 |
| function, power, or duty that is transferred by this | 14 |
| Section and that
(B)
are in effect on the effective date of | 15 |
| the transfer, or become effective after
that date according | 16 |
| to their terms in effect on the effective date of the
| 17 |
| transfer, shall continue in effect according to their terms | 18 |
| until modified,
terminated, superseded, set aside, or | 19 |
| revoked in accordance with law, any other
authorized | 20 |
| official, a court of competent jurisdiction, or operation | 21 |
| of law.
| 22 |
| (2) This Section shall not affect any proceedings | 23 |
| pending before the
Commission on the effective date of this | 24 |
| amendatory Act of the 93rd General
Assembly, insofar as | 25 |
| those
functions are retained and transferred by this | 26 |
| Section, but those proceedings
and applications, to the | 27 |
| extent that they relate to the functions
transferred, shall | 28 |
| be continued. Orders shall be issued in those proceedings,
| 29 |
| appeals from those orders shall be taken, and payments | 30 |
| shall be made according
to those orders, as if this Section | 31 |
| had not been enacted and orders
issued in those proceedings | 32 |
| shall continue in effect until modified,
terminated,
| 33 |
| superseded, or revoked by a duly authorized official, by a | 34 |
| court of competent
jurisdiction, or by operation of law. | 35 |
| Nothing in this paragraph (2) shall be
deemed to prohibit | 36 |
| the discontinuance or modification of any of those
|
|
|
|
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| 1 |
| proceedings under the same terms and conditions and to the | 2 |
| same extent that the
proceeding could have been | 3 |
| discontinued or modified if this Section had
not been | 4 |
| enacted. The Secretary of Transportation is authorized to | 5 |
| provide for
the orderly
transfer of pending proceedings | 6 |
| from the Commission.
| 7 |
| (3)(A) This Section shall not affect suits commenced | 8 |
| before the
effective date of this amendatory Act of the | 9 |
| 93rd General Assembly.
In all such suits,
proceedings shall | 10 |
| be had, appeals taken, and judgments rendered in
the same | 11 |
| manner and with the same effect as if this Section had not
| 12 |
| been enacted.
| 13 |
| (B) Any suit by or against the Commission begun before | 14 |
| the effective
date of this amendatory Act of the 93rd | 15 |
| General Assembly shall be continued,
insofar as it involves | 16 |
| a
function retained and transferred under this Section
to | 17 |
| the
Secretary substituted for the Commission.
| 18 |
| (C) If the court in a suit described in subparagraph | 19 |
| (A)
remands a case to the
Secretary of Transportation,
| 20 |
| subsequent proceedings related to that case shall proceed | 21 |
| in accordance
with applicable law and the rules in effect | 22 |
| at the time of the
subsequent proceedings.
| 23 |
| (D) No suit, action, or other proceeding commenced by | 24 |
| or against any
officer in his or her official capacity as | 25 |
| an officer of the Commission shall
abate by reason of the | 26 |
| enactment of this amendatory Act of the 93rd General
| 27 |
| Assembly. No cause of action
by or against the Commission, | 28 |
| or by or against any officer of the
Commission in his or | 29 |
| her official capacity, shall abate by reason of
the | 30 |
| enactment of this amendatory Act of the 93rd General | 31 |
| Assembly.
| 32 |
| (E) Except as otherwise provided by law, an officer or | 33 |
| employee of
the Department of Transportation may, for | 34 |
| purposes of performing a
function transferred by this | 35 |
| Section, exercise all authority under
any other provision | 36 |
| of law that was available with respect to the
performance |
|
|
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| of that function to the official responsible for the
| 2 |
| performance of the function immediately before the | 3 |
| effective date of the
transfer of the function under this | 4 |
| Section.
| 5 |
| (d) Transfer of assets and personnel.
The personnel, | 6 |
| positions, property, assets, contracts, liabilities, and
| 7 |
| records employed, used, held, available, or to be made | 8 |
| available in connection
with a function, power, or duty | 9 |
| transferred to the Department of Transportation
by this Section | 10 |
| shall be transferred to the Department for use in
connection | 11 |
| with the functions, powers, and duties transferred, and | 12 |
| unexpended
balances of appropriations, allocations, and other | 13 |
| funds of the Commission
shall
also be transferred to the | 14 |
| Department. The transfer of personnel shall be
without | 15 |
| reduction in classification, compensation, or collective | 16 |
| bargaining
rights of any person transferred.
| 17 |
| (e) Rulemaking. The Secretary of
Transportation
shall | 18 |
| adopt rules necessary for implementing this Section and | 19 |
| exercising the
functions, powers, and duties transferred to the | 20 |
| Department under this Section.
Rules for
administrative | 21 |
| hearings shall be adopted in accordance with Article 10 of the
| 22 |
| Illinois Administrative Procedure Act.
| 23 |
| (625 ILCS 5/18c-1202) (from Ch. 95 1/2, par. 18c-1202)
| 24 |
| Sec. 18c-1202. Enumeration of Powers.
Except as provided | 25 |
| in Section
18c-1201.1, the
Commission shall have the power
to:
| 26 |
| (1) Administer and enforce provisions of this Chapter;
| 27 |
| (2) Regulate the entry, exit, and services of carriers; as | 28 |
| to public
carriers, this power is limited to matters relating | 29 |
| to insurance and safety
standards;
| 30 |
| (3) Regulate rates and practices of household goods | 31 |
| carriers, rail
carriers, passenger carriers, and common | 32 |
| carriers by pipeline;
| 33 |
| (4) Establish and maintain systems of accounting as well as
| 34 |
| reporting and record-keeping requirements for household goods | 35 |
| carriers,
rail carriers, passenger carriers, and common |
|
|
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| 1 |
| carriers by pipeline;
| 2 |
| (5) Establish and maintain systems for the classification | 3 |
| of
carriers, commodities and services;
| 4 |
| (6) Regulate practices, terms and conditions relating to | 5 |
| the
leasing of equipment and to the interchange of equipment
| 6 |
| among carriers; as to public carriers, this power is limited to | 7 |
| matters
relating to insurance and safety standards;
| 8 |
| (7) Protect the public safety through insurance and safety
| 9 |
| standards;
| 10 |
| (8) Regulate brokers in accordance with provisions of this | 11 |
| Chapter;
| 12 |
| (9) Adopt appropriate regulations setting forth the
| 13 |
| standards and procedures by which it will administer and
| 14 |
| enforce this Chapter, with such regulations being uniform
for | 15 |
| all modes of transportation or different for the
different | 16 |
| modes as will, in the opinion of the
Commission, best | 17 |
| effectuate the purposes of this Chapter;
| 18 |
| (10) Conduct hearings and investigations, on its own motion
| 19 |
| or the motion of a person;
| 20 |
| (11) Adjudicate disputes, hear complaints or other | 21 |
| petitions
for relief, and settle such matters by stipulation or
| 22 |
| agreement;
| 23 |
| (12) Create special procedures for the receipt and handling
| 24 |
| of consumer complaints;
| 25 |
| (13) Issue certificates describing the extent to which a
| 26 |
| person is exempt under the provisions of this Chapter;
| 27 |
| (14) Construe this Chapter, Commission regulations and | 28 |
| orders,
except that the rule of ejusdem generis shall not be | 29 |
| applicable in the
construction or interpretation of any | 30 |
| license, certificate or permit
originally issued under the | 31 |
| Illinois Motor Carrier of Property Law and now
governed by | 32 |
| subchapter 4 of this Chapter or issued
under subchapter 4 of | 33 |
| this Chapter prior to July 1, 1989;
| 34 |
| (15) Employ such persons as are needed to administer and
| 35 |
| enforce this Chapter, in such capacities as they are needed,
| 36 |
| whether as hearings examiners, special examiners,
enforcement |
|
|
|
HB4881 |
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| officers, investigators, or otherwise;
| 2 |
| (16) Create advisory committees made up of representatives | 3 |
| of
the various transportation modes, shippers, receivers,
or | 4 |
| other members of the public;
| 5 |
| (17) Initiate and participate in proceedings in the federal | 6 |
| or State
courts, and in proceedings before federal or other | 7 |
| State agencies, to the
extent necessary to effectuate the | 8 |
| purposes of this Chapter, provided that
participation in | 9 |
| specific proceedings is directed, in writing, by the
| 10 |
| Commission;
| 11 |
| (18) Direct any telecommunications carrier to disconnect | 12 |
| the telephone
number published in any commercial listing of any | 13 |
| household goods carrier that
does not have a valid license | 14 |
| issued by the Commission.
| 15 |
| (Source: P.A. 89-444, eff. 1-25-96.)
| 16 |
| (625 ILCS 5/18c-1204) (from Ch. 95 1/2, par. 18c-1204)
| 17 |
| Sec. 18c-1204. Transportation Division.
| 18 |
| (1) Establishment. There shall be established within the | 19 |
| staff of the
Commission a Transportation Division in which | 20 |
| primary staff responsibility for
the administration and | 21 |
| enforcement of this Chapter and Chapter 18a shall be
vested. | 22 |
| The Transportation Division shall be headed by a division | 23 |
| manager
responsible to the executive director.
| 24 |
| (2) Structure. The Transportation Division shall consist | 25 |
| of 3
4
programs
and 2 offices. The 3
4 programs shall be | 26 |
| Compliance, Review and
Examination,
and Docketing and | 27 |
| Processing , and Rail Safety . Each program shall be
headed by
a | 28 |
| program director and responsible to the division manager, | 29 |
| except that in
the Compliance Program the 3 staff supervisors | 30 |
| shall each be responsible to
the division manager. The 2 | 31 |
| offices shall be the Office of Transportation
Counsel and the | 32 |
| Office of the Division Manager. The Office of
Transportation | 33 |
| Counsel shall be headed by a Chief Counsel responsible to
the | 34 |
| Division Manager. The Division Manager shall coordinate the | 35 |
| activities
and responsibilities of the Office of |
|
|
|
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| 1 |
| Transportation Counsel with the
executive director and the | 2 |
| personal assistant serving as staff counsel to
the executive | 3 |
| director in the office of the executive director, and with
the | 4 |
| Commission.
| 5 |
| (a) The Compliance Program.
| 6 |
| (i) The Compliance Program shall consist of a | 7 |
| police staff, a rate
auditing staff, and a civil | 8 |
| penalties staff. These staffs shall be headed by a
| 9 |
| Chief of Police, a Supervisor of Tariffs and Audits, | 10 |
| and a Supervisor of Civil
Penalties, respectively.
| 11 |
| (ii) The police staff shall be divided into | 12 |
| districts with a field
office in each district. Each | 13 |
| district shall be headed by a working supervisor
| 14 |
| responsible to the Chief of Police. All staff | 15 |
| responsibility for enforcement
of this Chapter, except | 16 |
| with regard to rail safety, shall be vested in the
| 17 |
| Compliance Program.
| 18 |
| (b) The Review and Examination Program.
| 19 |
| (i) Staff responsibility for review of all | 20 |
| nonhearing matters under this
Chapter and Chapter 18a | 21 |
| and examination of all matters assigned for hearing
| 22 |
| under this Chapter and Chapter 18a shall be vested in | 23 |
| the Review and
Examination Program, except as | 24 |
| otherwise provided in Section 18c-1204b.
| 25 |
| (ii) Hearing examiners in the program shall have | 26 |
| responsibility for
developing a full, complete and | 27 |
| impartial record on all issues to be
decided in a | 28 |
| proceeding; recommending disposition of the issues or | 29 |
| making
an initial decision on them, as provided in this | 30 |
| Chapter; and setting forth
in writing the basis for | 31 |
| their recommendations or initial decisions.
The | 32 |
| program director shall be the chief hearing examiner | 33 |
| for matters under
this Chapter and Chapter 18a with | 34 |
| responsibility to insure consistency of
| 35 |
| recommendations and initial decisions.
| 36 |
| (c) The Processing and Docketing Program. All staff |
|
|
|
HB4881 |
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LRB093 20917 DRH 46890 b |
|
| 1 |
| responsibility for
docketing and processing filings, | 2 |
| accounting of receipts and expenditures,
issuing, file | 3 |
| maintenance and other processing functions under this | 4 |
| Chapter
and Chapter 18a shall be vested in the Processing | 5 |
| Program.
| 6 |
| (d) The Rail Safety Program. Staff responsibility for | 7 |
| administration and
enforcement of the rail safety | 8 |
| provisions of this Chapter shall be vested
in the | 9 |
| Department of Transportation
Rail Safety Program .
| 10 |
| (e) The Office of Transportation Counsel.
| 11 |
| (i) All Commission staff responsibility for | 12 |
| provision of legal services
in connection with any | 13 |
| matter under this Chapter, excepting any matter under
| 14 |
| subchapters 7 and 8 of this Chapter, or in connection | 15 |
| with any matter under
Chapter 18a shall, except with | 16 |
| regard to functions vested in the review and
| 17 |
| examination program under paragraph (b) of this | 18 |
| subsection, be vested
exclusively in the Office of | 19 |
| Transportation Counsel.
| 20 |
| (ii) The Office of Transportation Counsel shall, | 21 |
| when directed through
the division manager to do so, | 22 |
| represent the Commission or Commission staff
in | 23 |
| administrative or judicial proceedings and render | 24 |
| staff advisory
opinions to the executive director and | 25 |
| the Commission.
| 26 |
| (f) Levels of Administration. No additional levels of | 27 |
| administration,
supervision or authority shall be | 28 |
| superimposed, or remain superimposed,
between levels | 29 |
| prescribed under this Section, and no organizational units
| 30 |
| may be created within the Transportation Division except as | 31 |
| prescribed
under this Section.
| 32 |
| (3) Additional Functions. Staff functions relating to | 33 |
| rulemaking,
policy recommendations and advisory committees | 34 |
| under this Chapter and
Chapter 18a shall be vested in the | 35 |
| Transportation Division.
| 36 |
| The Department of Transportation
staff shall prepare and |
|
|
|
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LRB093 20917 DRH 46890 b |
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| 1 |
| distribute
to the General Assembly, in
April of each year, a | 2 |
| report on railway accidents in Illinois which involve
hazardous | 3 |
| materials. The report shall include the location, substance
| 4 |
| involved, amounts involved, and the suspected reason for each | 5 |
| accident. The
report shall also reveal the rail line and point | 6 |
| of origin of the hazardous
material involved in each accident.
| 7 |
| (Source: P.A. 88-415.)
| 8 |
| (625 ILCS 5/18c-1502) (from Ch. 95 1/2, par. 18c-1502)
| 9 |
| Sec. 18c-1502. Gross Receipts Taxes For Motor Carriers of
| 10 |
| Passengers and Rail Carriers.
Each motor carrier of passengers | 11 |
| and rail carrier shall pay to the
Commission,
in accordance | 12 |
| with
Sections 2-202, 3-120 and 3-121 of "The Public Utilities | 13 |
| Act", as
amended, a gross receipts tax in the amount provided | 14 |
| herein.
| 15 |
| The amount of the tax for motor carriers of passengers | 16 |
| shall be prescribed by
the Commission by rulemaking in
| 17 |
| accordance with provisions of The Illinois Administrative | 18 |
| Procedure Act,
and shall not exceed 0.1% of the carrier's gross | 19 |
| Illinois intrastate
revenues for each calendar year.
| 20 |
| The amount of the tax for rail carriers shall be 0.15% of | 21 |
| the
carrier's
gross Illinois intrastate revenues for each | 22 |
| calendar year , and the tax shall
be deposited into the | 23 |
| Department of Transportation Railroad Regulatory Fund, a
| 24 |
| special fund that is created in the State treasury and shall be | 25 |
| used by the
Department to carry out its powers, functions, and | 26 |
| duties under this Chapter .
| 27 |
| (Source: P.A. 89-42, eff. 1-1-96; 89-699, eff. 1-16-97.)
| 28 |
| (625 ILCS 5/18c-1502.05)
| 29 |
| Sec. 18c-1502.05. Route Mileage Fee for Rail Carriers. | 30 |
| Beginning with
calendar year 2004, every rail carrier shall pay | 31 |
| to the Department
Commission
for each
calendar year a route | 32 |
| mileage fee of $45 for each route mile of
railroad right
of way | 33 |
| owned by the rail carrier in Illinois. The fee shall be based | 34 |
| on the
number of route miles as of January 1 of the year for |
|
|
|
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|
| 1 |
| which the fee is due, and
the payment of the route mileage fee | 2 |
| shall be due by February 1 of each
calendar year.
| 3 |
| (Source: P.A. 93-32, eff. 7-1-03.)
| 4 |
| (625 ILCS 5/18c-1502.10)
| 5 |
| Sec. 18c-1502.10. Railroad-Highway Grade Crossing and | 6 |
| Grade Separation
Fee. Beginning with calendar year 2004, every | 7 |
| rail carrier shall
pay to the Department
Commission for each | 8 |
| calendar year a fee of $28
for each
location at
which the rail | 9 |
| carrier's track crosses a public road, highway, or street,
| 10 |
| whether the crossing be at grade, by overhead structure, or by | 11 |
| subway. The fee
shall be based on the number of the crossings | 12 |
| as of January 1 of each calendar
year, and the fee shall be due | 13 |
| by February 1 of each calendar year.
| 14 |
| (Source: P.A. 93-32, eff. 7-1-03.)
| 15 |
| (625 ILCS 5/18c-1505) (from Ch. 95 1/2, par. 18c-1505)
| 16 |
| Sec. 18c-1505. Proration of Fees.
The Commission and | 17 |
| Department may prorate fees and levies provided in this
Chapter
| 18 |
| throughout the calendar year.
| 19 |
| (Source: P.A. 84-796.)
| 20 |
| (625 ILCS 5/18c-1601) (from Ch. 95 1/2, par. 18c-1601)
| 21 |
| Sec. 18c-1601. Deposit of Monies into the Transportation | 22 |
| Regulatory
Fund.
| 23 |
| (1) Deposit of Fees, Taxes, and Monies Other Than Criminal | 24 |
| Fines.
Except as otherwise provided in this Section, all fees, | 25 |
| penalties (other
than criminal penalties) or monies
collected | 26 |
| in settlement of enforcement proceedings, taxes,
and other | 27 |
| monies collected under this Chapter or which are transferred,
| 28 |
| appropriated or reimbursed to the Commission for the purpose of
| 29 |
| administering and enforcing this Chapter, shall be promptly
| 30 |
| paid into a special fund in the State treasury known as the | 31 |
| Transportation
Regulatory Fund.
| 32 |
| (1.1) All monies collected under this Chapter relating to | 33 |
| the regulation
of
railroads and monies that are transferred, |
|
|
|
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|
| 1 |
| appropriated, or reimbursed to the
Department
for the purpose | 2 |
| of carrying out its functions, powers, and duties relating to
| 3 |
| railroads under
this Chapter shall be promptly paid into the | 4 |
| Department of Transportation
Railroad
Regulatory Fund created | 5 |
| in Section 18c-1502.
| 6 |
| (2) Accounting for Monies Received. The Commission shall | 7 |
| account
separately for the receipt of monies from the following | 8 |
| classes:
| 9 |
| (a) motor carriers of property (other than carriers | 10 |
| engaged in
nonrelocation towing);
| 11 |
| (b) (blank)
rail carriers ; and
| 12 |
| (c) other monies.
| 13 |
| The Commission may account separately with regard
to groups | 14 |
| of persons within the foregoing classes.
| 15 |
| (3) Deposit of criminal fines. Criminal fines collected | 16 |
| under this
Chapter from motor carriers of property or persons | 17 |
| or entities found to
have aided or abetted motor carriers of | 18 |
| property or passengers in violation
of this Chapter shall be | 19 |
| disposed of in accordance with Section 16-105 of
this Code. | 20 |
| Other criminal fines collected under this Chapter shall be
| 21 |
| deposited into the Transportation Regulatory Fund in | 22 |
| accordance with
subsection (1) of this Section.
| 23 |
| (4) (Blank).
| 24 |
| (Source: P.A. 90-372, eff. 7-1-98.)
| 25 |
| (625 ILCS 5/18c-3304) (from Ch. 95 1/2, par. 18c-3304)
| 26 |
| Sec. 18c-3304. Records and accounts.
Each household goods | 27 |
| carrier, rail carrier, common carrier by pipeline, and
| 28 |
| passenger carrier shall:
| 29 |
| (1) Keep written accounts and records of its revenues, | 30 |
| expenses,
contracts, and other activities subject to | 31 |
| regulation under
this Chapter in accordance with regulations | 32 |
| prescribed by the
Commission or the Department of | 33 |
| Transportation, as appropriate ;
| 34 |
| (2) Maintain, for a period of 3 years, copies of all
| 35 |
| accounts and records required by Commission or Department
|
|
|
|
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|
| 1 |
| regulations; and
| 2 |
| (3) Make such accounts and records available for | 3 |
| inspection, on
request, by any authorized employee of the | 4 |
| Commission or Department .
| 5 |
| Accounts and records kept pursuant to this Section shall be | 6 |
| kept
at an office in the State of Illinois unless the | 7 |
| Commission or Department
shall
have authorized maintenance at a | 8 |
| location outside of the State.
| 9 |
| (Source: P.A. 89-444, eff. 1-25-96.)
| 10 |
| (625 ILCS 5/18c-7101) (from Ch. 95 1/2, par. 18c-7101)
| 11 |
| Sec. 18c-7101. Jurisdiction Over Rail Carriers. The | 12 |
| jurisdiction of the
Department
Commission under this | 13 |
| Sub-chapter shall be exclusive and
shall extend to
all | 14 |
| intrastate and interstate rail carrier operations within this | 15 |
| State,
except to the extent that its jurisdiction is preempted | 16 |
| by valid provisions
of the Staggers Rail Act of 1980 or other | 17 |
| valid federal statute, regulation, or
order. In accordance with | 18 |
| federal railroad safety laws, the Department
has authority to | 19 |
| adopt rules and issue
orders covering every area of railroad | 20 |
| safety.
| 21 |
| (Source: P.A. 85-406.)
| 22 |
| (625 ILCS 5/18c-7201) (from Ch. 95 1/2, par. 18c-7201)
| 23 |
| Sec. 18c-7201. Registration as a Rail Carrier.
(1) General | 24 |
| Provisions.
Except as provided in subsection (2) of this | 25 |
| Section, no
person shall operate as a rail carrier, and no | 26 |
| person shall
begin or continue construction of any track or | 27 |
| other
facilities, other than the repair or replacement of | 28 |
| existing
plant, for use in operations as a rail carrier unless | 29 |
| such
person has registered with the Department
Commission as a | 30 |
| rail carrier.
| 31 |
| (2) Exceptions.
Each rail carrier operating within the | 32 |
| State of Illinois on
the effective date of this Chapter shall | 33 |
| automatically be deemed,
as of that date, to have registered as | 34 |
| a rail carrier for
purposes of this Section. Such constructive |
|
|
|
HB4881 |
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LRB093 20917 DRH 46890 b |
|
| 1 |
| registration
shall expire on the 180th day after the effective | 2 |
| date of this amendatory Act
of 1985.
| 3 |
| (Source: P.A. 84-796.)
| 4 |
| (625 ILCS 5/18c-7401) (from Ch. 95 1/2, par. 18c-7401) | 5 |
| Sec. 18c-7401. Safety Requirements for Track, Facilities, | 6 |
| and
Equipment.
| 7 |
| (1) General Requirements. Each rail carrier shall, | 8 |
| consistent with rules,
orders, and regulations of the Federal | 9 |
| Railroad Administration, construct,
maintain, and operate all | 10 |
| of its equipment, track, and other property in this
State in | 11 |
| such a manner as to pose no undue risk to its employees or the | 12 |
| person
or property of any member of the public.
| 13 |
| (2) Adoption of Federal Standards. The track safety | 14 |
| standards and
accident/incident standards promulgated by the | 15 |
| Federal Railroad Administration
shall be safety standards of | 16 |
| the Department
Commission . The Department
Commission may, in | 17 |
| addition,
adopt by reference in its regulations other federal | 18 |
| railroad safety standards,
whether contained in federal | 19 |
| statutes or in regulations adopted pursuant to
such statutes.
| 20 |
| (3) Railroad Crossings. No public road, highway, or street | 21 |
| shall hereafter
be constructed across the track of any rail | 22 |
| carrier at grade, nor shall the
track of any rail carrier be | 23 |
| constructed across a public road, highway or
street at grade, | 24 |
| without having first secured the permission of the Department
| 25 |
| Commission ;
provided, that this Section shall not apply to the | 26 |
| replacement of lawfully
existing roads, highways and tracks.
No | 27 |
| public pedestrian bridge or subway shall be constructed across | 28 |
| the track
of any rail carrier without having first secured the | 29 |
| permission of the
Department
Commission .
The Department
| 30 |
| Commission shall have the right to
refuse its permission or to | 31 |
| grant it upon such terms and conditions as it may
prescribe.
| 32 |
| The Department
Commission shall have power to determine and | 33 |
| prescribe the
manner, including the particular point of | 34 |
| crossing, and the terms of
installation, operation, | 35 |
| maintenance, use and protection of each such crossing.
|
|
|
|
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|
| 1 |
| The Department
Commission shall also have power, after a | 2 |
| hearing, to
require major alteration of or to abolish any | 3 |
| crossing,
heretofore or hereafter established, when in its | 4 |
| opinion, the
public safety requires such alteration or | 5 |
| abolition, and,
except in cities, villages and incorporated | 6 |
| towns of
1,000,000 or more inhabitants, to vacate and close | 7 |
| that part
of the highway on such crossing altered or abolished | 8 |
| and
cause barricades to be erected across such highway in such
| 9 |
| manner as to prevent the use of such crossing as a highway,
| 10 |
| when, in the opinion of the Department
Commission , the public
| 11 |
| convenience served by the crossing in question is not such as
| 12 |
| to justify the further retention thereof; or to require a
| 13 |
| separation of grades, at railroad-highway grade crossings; or | 14 |
| to
require a
separation of grades at any proposed crossing | 15 |
| where a
proposed public highway may cross the tracks of any | 16 |
| rail
carrier or carriers; and to prescribe, after a hearing of | 17 |
| the parties,
the terms upon which such separations shall be | 18 |
| made and the
proportion in which the expense of the alteration | 19 |
| or
abolition of such crossings or the separation of such | 20 |
| grades, having regard
to the benefits, if any, accruing to the | 21 |
| rail carrier or any party in
interest,
shall be divided between | 22 |
| the rail carrier or carriers affected, or
between such carrier | 23 |
| or carriers and the State, county, municipality
or other public | 24 |
| authority in interest.
However, a public hearing by the | 25 |
| Department
Commission to abolish a crossing shall not
be | 26 |
| required
when the public highway authority in interest vacates | 27 |
| the highway. In such
instance
the rail carrier, following | 28 |
| notification to the Department
Commission and the highway
| 29 |
| authority, shall remove any grade crossing warning devices and | 30 |
| the grade
crossing surface.
| 31 |
| The Department
Commission shall also have power by its | 32 |
| order to require
the reconstruction, minor alteration, minor | 33 |
| relocation or
improvement of any crossing (including the | 34 |
| necessary highway
approaches thereto) of any railroad across | 35 |
| any highway or
public road, pedestrian bridge, or pedestrian | 36 |
| subway, whether such crossing
be at grade
or by overhead
|
|
|
|
HB4881 |
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LRB093 20917 DRH 46890 b |
|
| 1 |
| structure or by subway, whenever the Department
Commission
| 2 |
| finds after a
hearing or without a hearing as otherwise | 3 |
| provided in this
paragraph that such reconstruction, | 4 |
| alteration, relocation or
improvement is necessary to preserve | 5 |
| or promote the safety or
convenience of the public or of the | 6 |
| employees or passengers
of such rail carrier or carriers. By | 7 |
| its original order or
supplemental orders in such case, the | 8 |
| Department
Commission may direct such
reconstruction, | 9 |
| alteration, relocation, or improvement to be
made in such | 10 |
| manner and upon such terms and conditions as may
be reasonable | 11 |
| and necessary
and may apportion the cost of
such | 12 |
| reconstruction, alteration, relocation or improvement
and the | 13 |
| subsequent maintenance thereof, having regard to the benefits, | 14 |
| if
any, accruing
to the railroad or any party in interest,
| 15 |
| between the rail
carrier or carriers and public utilities | 16 |
| affected, or between such
carrier or carriers and public | 17 |
| utilities and the State, county,
municipality or other public | 18 |
| authority in interest. The cost
to be so apportioned shall | 19 |
| include the cost of changes or
alterations in the equipment of | 20 |
| public utilities affected as
well as the cost of the | 21 |
| relocation, diversion or
establishment of any public highway, | 22 |
| made necessary by such
reconstruction, alteration, relocation | 23 |
| or improvement of said
crossing. A hearing shall not be | 24 |
| required in those instances
when the Department
Commission
| 25 |
| enters an order confirming a written
stipulation in which the | 26 |
| Department
Commission , the public highway
authority or other | 27 |
| public authority in interest, and the rail carrier or
carriers
| 28 |
| affected , and in
instances involving the use of the Grade | 29 |
| Crossing Protection
Fund, the Illinois Department of | 30 |
| Transportation, agree on the
reconstruction, alteration, | 31 |
| relocation, or improvement and
the subsequent maintenance | 32 |
| thereof and the division of costs
of such changes of any grade | 33 |
| crossing (including the
necessary highway approaches thereto) | 34 |
| of any railroad across
any highway, pedestrian bridge, or | 35 |
| pedestrian subway.
| 36 |
| Every rail carrier operating in the State of Illinois shall
|
|
|
|
HB4881 |
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LRB093 20917 DRH 46890 b |
|
| 1 |
| construct and maintain every highway crossing over its tracks
| 2 |
| within the State so that the roadway at the intersection
shall | 3 |
| be as flush with the rails as superelevated curves will
allow, | 4 |
| and, unless otherwise ordered by the Department
Commission , | 5 |
| shall
construct and maintain the approaches thereto at a grade | 6 |
| of
not more than 5% within the right of way for a distance of
| 7 |
| not less the 6 feet on each side of the centerline of such
| 8 |
| tracks; provided, that the grades at the approaches may be
| 9 |
| maintained in excess of 5% only when authorized by the
| 10 |
| Department
Commission .
| 11 |
| Every rail carrier operating within this State shall remove
| 12 |
| from its right of way at all railroad-highway grade crossings | 13 |
| within the
State, such brush, shrubbery, and trees as is | 14 |
| reasonably
practical for a distance of not less than 500 feet | 15 |
| in either
direction from each grade crossing.
The Department
| 16 |
| Commission shall have power, upon its own motion, or upon
| 17 |
| complaint, and after having made proper investigation, to
| 18 |
| require the installation of adequate and appropriate luminous
| 19 |
| reflective warning signs, luminous flashing
signals, crossing
| 20 |
| gates illuminated at night, or other protective devices
in
| 21 |
| order to promote and safeguard the health and safety of the
| 22 |
| public.
Luminous flashing signal or crossing gate
devices | 23 |
| installed at grade crossings, which have been approved
by the | 24 |
| Department
Commission , shall be deemed adequate and | 25 |
| appropriate.
The Department
Commission shall have authority to | 26 |
| determine the number,
type, and location of such signs, | 27 |
| signals, gates, or other
protective devices which, however, | 28 |
| shall conform as near as
may be with generally recognized | 29 |
| national standards, and the
Department
Commission shall have | 30 |
| authority to prescribe the division of
the cost of the | 31 |
| installation and subsequent maintenance of
such signs, | 32 |
| signals, gates, or other protective
devices between the rail | 33 |
| carrier or carriers, the public highway
authority or other | 34 |
| public authority in
interest, and in instances involving the | 35 |
| use of the Grade
Crossing Protection Fund, the Illinois | 36 |
| Department of
Transportation.
If the Department
Commission has |
|
|
|
HB4881 |
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LRB093 20917 DRH 46890 b |
|
| 1 |
| ordered the installation of luminous flashing signal or
| 2 |
| crossing gate devices at a grade crossing, the Department
| 3 |
| Commission shall order the
installation of temporary stop signs | 4 |
| at the highway intersection with the grade
crossing. The | 5 |
| temporary stop signs shall remain in place until the luminous
| 6 |
| flashing signal or crossing gate devices have been installed.
| 7 |
| The rail carrier is responsible for the cost of the | 8 |
| installation and subsequent
maintenance of any required | 9 |
| temporary stop signs.
| 10 |
| No railroad may change or modify the warning device system | 11 |
| at a
railroad-highway grade crossing, including warning | 12 |
| systems interconnected with
highway traffic control signals, | 13 |
| without having first received the approval of
the Department
| 14 |
| Commission . The Department
Commission shall have the further | 15 |
| power, upon application,
upon its own motion, or upon
complaint | 16 |
| and after having made proper investigation, to require
the | 17 |
| interconnection of grade crossing warning devices with traffic | 18 |
| control
signals at highway intersections located at or near | 19 |
| railroad crossings within
the distances described by the State | 20 |
| Manual on Uniform Traffic Control Devices
adopted pursuant to | 21 |
| Section 11-301 of this Code. In addition, State and local
| 22 |
| authorities may not install, remove, modernize, or otherwise | 23 |
| modify traffic
control signals at a highway intersection that | 24 |
| is interconnected or proposed to
be interconnected with grade | 25 |
| crossing warning devices when the change affects
the number, | 26 |
| type, or location of traffic control devices on the track | 27 |
| approach
leg or legs of the intersection or the timing of the | 28 |
| railroad preemption
sequence of operation until the Department
| 29 |
| Commission has approved the installation,
removal, | 30 |
| modernization, or modification.
Department
Commission approval | 31 |
| shall be limited to consideration of
issues directly affecting | 32 |
| the public safety at the railroad-highway grade
crossing. The | 33 |
| electrical circuit devices, alternate warning devices, and
| 34 |
| preemption sequences shall conform as nearly as possible, | 35 |
| considering the
particular characteristics of the crossing and
| 36 |
| intersection area, to the State manual adopted by the Illinois |
|
|
|
HB4881 |
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LRB093 20917 DRH 46890 b |
|
| 1 |
| Department of
Transportation pursuant to Section 11-301 of this | 2 |
| Code and such federal
standards as are made applicable by | 3 |
| subsection (2) of this Section. In order
to carry out this | 4 |
| authority, the Department
Commission shall have the authority | 5 |
| to
determine the number, type, and location of traffic control | 6 |
| devices on the
track approach leg or legs of the intersection | 7 |
| and the timing of the railroad
preemption sequence of | 8 |
| operation.
The Department
Commission shall prescribe the | 9 |
| division of costs for installation and
maintenance of all | 10 |
| devices required by this paragraph between the railroad or
| 11 |
| railroads and the highway authority in interest and in | 12 |
| instances involving the
use of the Grade Crossing Protection | 13 |
| Fund or a State highway, the Illinois
Department of | 14 |
| Transportation.
| 15 |
| Any person who unlawfully or maliciously removes, throws
| 16 |
| down, damages or defaces any sign, signal, gate or other
| 17 |
| protective device, located at or near any public grade
| 18 |
| crossing, shall be guilty of a petty offense and fined not
less | 19 |
| than $50 nor more than $200 for each offense. In
addition to | 20 |
| fines levied under the provisions of this
Section a person | 21 |
| adjudged guilty hereunder may also be
directed to make | 22 |
| restitution for the costs of repair or
replacement, or both, | 23 |
| necessitated by his misconduct.
| 24 |
| It is the public policy of the State of Illinois to enhance | 25 |
| public safety
by establishing safe grade crossings. In order to | 26 |
| implement this policy, the
Illinois Commerce Commission is | 27 |
| directed to conduct public hearings and to
adopt specific | 28 |
| criteria by July 1, 1994, that shall be adhered to by the
| 29 |
| Illinois Commerce Commission (or the Department as its | 30 |
| successor) in determining if a grade crossing should be
opened | 31 |
| or abolished. The following factors shall be considered by the
| 32 |
| Illinois Commerce Commission in developing the specific | 33 |
| criteria for opening
and abolishing grade crossings:
| 34 |
| (a) timetable speed of passenger trains;
| 35 |
| (b) distance to an alternate crossing;
| 36 |
| (c) accident history for the last 5 years;
|
|
|
|
HB4881 |
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LRB093 20917 DRH 46890 b |
|
| 1 |
| (d) number of vehicular traffic and posted speed | 2 |
| limits;
| 3 |
| (e) number of freight trains and their timetable | 4 |
| speeds;
| 5 |
| (f) the type of warning device present at the grade | 6 |
| crossing;
| 7 |
| (g) alignments of the roadway and railroad, and the | 8 |
| angle of intersection
of those alignments;
| 9 |
| (h) use of the grade crossing by trucks carrying | 10 |
| hazardous materials,
vehicles carrying passengers for | 11 |
| hire, and school buses; and
| 12 |
| (i) use of the grade crossing by emergency vehicles.
| 13 |
| The Illinois Commerce Commission (or the Department as its | 14 |
| successor) , upon petition to open or abolish a grade
crossing, | 15 |
| shall enter an order opening or abolishing the crossing if it | 16 |
| meets
the specific criteria adopted by the Department
| 17 |
| Commission .
| 18 |
| Except as otherwise provided in this subsection (3), in no | 19 |
| instance shall
a grade crossing be permanently closed
without | 20 |
| public hearing first being held and notice of such
hearing | 21 |
| being published in an area newspaper of local general
| 22 |
| circulation.
| 23 |
| (4) (Blank).
Freight Trains - Radio Communications.
The | 24 |
| Commission shall after hearing and order require that
every | 25 |
| main line railroad freight train operating on main
tracks | 26 |
| outside of yard limits within this State shall be
equipped with | 27 |
| a radio communication system. The Commission
after notice and | 28 |
| hearing may grant exemptions from the
requirements of this | 29 |
| Section as to secondary and branch
lines.
| 30 |
| (5) Railroad Bridges and Trestles - Walkway and Handrail.
| 31 |
| In cases in which the Department
Commission finds the same to | 32 |
| be
practical and necessary for safety of railroad employees,
| 33 |
| bridges and trestles, over and upon which railroad trains are
| 34 |
| operated, shall include as a part thereof, a safe and
suitable | 35 |
| walkway and handrail on one side only of such bridge
or | 36 |
| trestle, and such handrail shall be located at the outer
edge |
|
|
|
HB4881 |
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LRB093 20917 DRH 46890 b |
|
| 1 |
| of the walkway and shall provide a clearance of not less
than 8 | 2 |
| feet, 6 inches, from the center line of the nearest
track, | 3 |
| measured at right angles thereto.
| 4 |
| (6) Packages Containing Articles for First Aid to Injured | 5 |
| on Trains.
All rail carriers shall provide a package containing | 6 |
| the
articles prescribed by the Department
Commission , on each | 7 |
| train or
engine, for first aid to persons who may be injured in | 8 |
| the
course of the operation of such trains.
| 9 |
| (7) Abandoned Bridges, Crossings, and Other Rail Plant.
The | 10 |
| Department
Commission shall have authority, after notice and | 11 |
| hearing, to order:
| 12 |
| (a) The removal of any abandoned railroad tracks from | 13 |
| roads,
streets or other thoroughfares in this State; and
| 14 |
| (b) The removal of abandoned overhead railroad | 15 |
| structures
crossing highways, waterways, or railroads.
| 16 |
| The Department
Commission may equitably apportion the cost | 17 |
| of such
actions between the rail carrier or carriers, public | 18 |
| utilities, and
the State, county, municipality, township, road | 19 |
| district, or
other public authority in interest.
| 20 |
| (8) Railroad-Highway Bridge Clearance. A vertical | 21 |
| clearance of not less
than 23 feet
above the top of rail shall | 22 |
| be provided for all new or reconstructed highway
bridges | 23 |
| constructed over a railroad track. The Department
Commission
| 24 |
| may permit a lesser
clearance if it determines
that the 23 foot | 25 |
| clearance standard cannot be justified based on
engineering, | 26 |
| operational, and economic conditions.
| 27 |
| (Source: P.A. 93-604, eff. 11-21-03.)
| 28 |
| (625 ILCS 5/18c-7402) (from Ch. 95 1/2, par. 18c-7402)
| 29 |
| Sec. 18c-7402. Safety Requirements for Railroad | 30 |
| Operations.
| 31 |
| (1) Obstruction of Crossings.
| 32 |
| (a) Obstruction of Emergency Vehicles.
Every railroad | 33 |
| shall be operated in such a manner as to
minimize | 34 |
| obstruction of emergency vehicles at crossings.
Where such | 35 |
| obstruction occurs and the train crew is
aware of the |
|
|
|
HB4881 |
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LRB093 20917 DRH 46890 b |
|
| 1 |
| obstruction, the train crew shall
immediately take any | 2 |
| action, consistent with safe
operating procedure, | 3 |
| necessary to remove the
obstruction. In the Chicago and St. | 4 |
| Louis switching
districts, every railroad dispatcher or | 5 |
| other person
responsible for the movement of railroad | 6 |
| equipment in a
specific area who receives notification that | 7 |
| railroad
equipment is obstructing the movement of an | 8 |
| emergency
vehicle at any crossing within such area shall
| 9 |
| immediately notify the train crew through use of
existing | 10 |
| communication facilities. Upon notification,
the train | 11 |
| crew shall take immediate action in accordance
with this | 12 |
| paragraph.
| 13 |
| (b) Obstruction of Highway at Grade Crossing | 14 |
| Prohibited.
It is unlawful for a rail carrier to permit any | 15 |
| train,
railroad car or engine to obstruct public travel at | 16 |
| a
railroad-highway grade crossing for a period in excess
of | 17 |
| 10 minutes, except where such train or railroad car
is | 18 |
| continuously moving or cannot be moved by reason of
| 19 |
| circumstances over which the rail carrier has no
reasonable | 20 |
| control.
| 21 |
| In a county with a population of greater than 1,000,000, as | 22 |
| determined by
the most recent federal census, during the
hours | 23 |
| of 7:00 a.m. through 9:00 a.m. and 4:00 p.m. through 6:00 p.m. | 24 |
| it is
unlawful for a rail carrier to permit any single train or | 25 |
| railroad car to
obstruct
public travel at a railroad-highway | 26 |
| grade crossing in excess of a total of 10
minutes during a 30 | 27 |
| minute period, except where the train or railroad
car
cannot be | 28 |
| moved by reason or circumstances over which the rail carrier | 29 |
| has no
reasonable control. Under no circumstances will a moving | 30 |
| train be stopped for
the purposes of
issuing a citation related | 31 |
| to this Section.
| 32 |
| However, no employee acting under the rules or orders of | 33 |
| the rail carrier or
its supervisory personnel may be prosecuted | 34 |
| for a violation of this
subsection (b).
| 35 |
| (c) Punishment for Obstruction of Grade Crossing.
Any | 36 |
| rail carrier violating paragraph (b) of this
subsection |
|
|
|
HB4881 |
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LRB093 20917 DRH 46890 b |
|
| 1 |
| shall be guilty of a petty offense and fined
not less than | 2 |
| $200 nor more than $500 if the duration of
the obstruction | 3 |
| is in excess of 10 minutes but no longer
than 15 minutes. | 4 |
| If the duration of the obstruction
exceeds 15 minutes the | 5 |
| violation shall be a business
offense and the following | 6 |
| fines shall be imposed: if
the duration of the obstruction | 7 |
| is in excess of 15
minutes but no longer than 20 minutes, | 8 |
| the fine shall be
$500; if the duration of the obstruction | 9 |
| is in excess of
20 minutes but no longer than 25 minutes, | 10 |
| the fine shall
be $700; if the duration of the obstruction | 11 |
| is in excess
of 25 minutes, but no longer than 30 minutes, | 12 |
| the fine
shall be $900; if the duration of the obstruction | 13 |
| is in
excess of 30 minutes but no longer than 35 minutes, | 14 |
| the
fine shall be $1,000; if the duration of the | 15 |
| obstruction
is in excess of 35 minutes, the fine shall be | 16 |
| $1,000
plus an additional $500 for each 5 minutes of
| 17 |
| obstruction in excess of 25 minutes of obstruction.
| 18 |
| (2) Other Operational Requirements.
| 19 |
| (a) Bell and Whistle-Crossings.
Every rail carrier | 20 |
| shall cause a bell, and a whistle or
horn to be placed and | 21 |
| kept on each locomotive, and shall
cause the same to be | 22 |
| rung or sounded by the engineer or
fireman, at the distance | 23 |
| of a least 1,320 feet, from the
place where the railroad | 24 |
| crosses or intersects any
public highway, and shall be kept | 25 |
| ringing or sounding
until the highway is reached; provided | 26 |
| that at crossings
where the Department
Commission shall by | 27 |
| order direct, only after a
hearing has been
held to | 28 |
| determine the public is reasonably and sufficiently | 29 |
| protected, the rail
carrier may be excused from giving | 30 |
| warning provided by
this paragraph.
| 31 |
| (a-5) The requirements of paragraph (a) of this
| 32 |
| subsection (2) regarding ringing a bell and sounding a
| 33 |
| whistle or horn do not apply at a railroad crossing that
| 34 |
| has a permanently installed automated audible warning
| 35 |
| device authorized by the Department
Commission under | 36 |
| Section
18c-7402.1 that sounds automatically when an |
|
|
|
HB4881 |
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LRB093 20917 DRH 46890 b |
|
| 1 |
| approaching
train is at least 1,320 feet from the crossing | 2 |
| and that
keeps sounding until the lead locomotive has | 3 |
| crossed the
highway. The engineer or fireman may ring the | 4 |
| bell or
sound the whistle or horn at a railroad crossing | 5 |
| that has a
permanently installed audible warning device.
| 6 |
| (b) Speed Limits.
Each rail carrier shall operate its | 7 |
| trains in compliance
with speed limits set by the | 8 |
| Department
Commission . The Department
Commission
may set | 9 |
| train speed limits only where such limits are
necessitated | 10 |
| by extraordinary circumstances effecting
the public | 11 |
| safety, and shall maintain such train speed
limits in | 12 |
| effect only for such time as the extraordinary
| 13 |
| circumstances prevail.
| 14 |
| The Commission and the Department of Transportation | 15 |
| shall conduct a study
of the relation between train speeds | 16 |
| and railroad-highway grade crossing
safety. The Commission | 17 |
| shall report the findings of the study to the General
| 18 |
| Assembly no later than January 5, 1997.
| 19 |
| (c) Special Speed Limit; Pilot Project. The Commission | 20 |
| and the
Board of the Commuter Rail Division of the Regional | 21 |
| Transportation Authority
shall conduct a pilot project in | 22 |
| the Village of
Fox River Grove, the site of the
fatal | 23 |
| school bus accident at a railroad crossing
on October 25, | 24 |
| 1995, in order to improve railroad crossing safety. For | 25 |
| this
project, the Commission is directed to set the maximum | 26 |
| train speed limit for
Regional Transportation Authority | 27 |
| trains at 50 miles per hour at intersections
on
that | 28 |
| portion of
the intrastate rail line located in the Village | 29 |
| of Fox River Grove.
If the Regional Transportation | 30 |
| Authority deliberately fails to comply with this
maximum | 31 |
| speed
limit, then any entity, governmental or otherwise, | 32 |
| that provides capital or
operational funds to the Regional | 33 |
| Transportation
Authority shall appropriately reduce or | 34 |
| eliminate that funding.
The Commission shall report
to the | 35 |
| Governor and the General Assembly on the results of this | 36 |
| pilot
project in January
1999, January 2000, and January |
|
|
|
HB4881 |
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LRB093 20917 DRH 46890 b |
|
| 1 |
| 2001. The Commission shall also submit a final
report on | 2 |
| the pilot project to the Governor and the General Assembly | 3 |
| in January
2001. The provisions of this
subsection (c), | 4 |
| other than this sentence, are inoperative after February 1,
| 5 |
| 2001.
| 6 |
| (3) Report and Investigation of Rail Accidents.
| 7 |
| (a) Reports.
Every rail carrier shall report to the | 8 |
| Department
Commission , by
the speediest means possible, | 9 |
| whether telephone,
telegraph, or otherwise, every | 10 |
| accident/incident as defined by the Federal
Railroad | 11 |
| Administration
accident involving its
equipment, track, or | 12 |
| other property which resulted in
loss of life to any | 13 |
| person. In addition, such carriers
shall file a written | 14 |
| report with the Department
Commission .
Reports submitted | 15 |
| under this paragraph shall be strictly
confidential, shall | 16 |
| be specifically prohibited from
disclosure, and shall not | 17 |
| be admissible in any
administrative or judicial proceeding | 18 |
| relating to the
accidents reported.
| 19 |
| (b) Investigations.
The Department
Commission may | 20 |
| investigate all railroad accidents
reported to it or of | 21 |
| which it acquires knowledge
independent of reports made by | 22 |
| rail carriers, and shall
have the power, consistent with | 23 |
| standards and
procedures established under the Federal | 24 |
| Railroad Safety Act, as amended, to
enter such
temporary | 25 |
| orders as will minimize the risk of future accidents | 26 |
| pending notice,
hearing, and final action by the Department
| 27 |
| Commission .
| 28 |
| (Source: P.A. 91-675, eff. 6-1-00; 92-284, eff. 8-9-01.)
| 29 |
| (625 ILCS 5/18c-7402.1)
| 30 |
| Sec. 18c-7402.1. Pilot projects; automated
audible warning | 31 |
| devices.
| 32 |
| (a) The General Assembly finds and declares that, for
the | 33 |
| communities of the State that are traversed by
railroads, there | 34 |
| is a growing need to mitigate train horn
noise without | 35 |
| compromising the safety of the public.
Therefore, after |
|
|
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| applications are filed and approved by the
Department
| 2 |
| Commission , the Department
Commission shall
authorize pilot | 3 |
| projects
in the counties of Cook, DuPage, Lake, and Will to | 4 |
| test the
utility and safety of stationary automated audible | 5 |
| warning
devices as an alternative to trains having to sound | 6 |
| their
horns as they approach highway-rail crossings.
| 7 |
| (b) In light of the pending proposed ruling by the
Federal | 8 |
| Railroad Administration on the use of locomotive
horns at all | 9 |
| highway-rail crossings across the nation, it
is in the best | 10 |
| interest of the State for the
Department
Commission to expedite | 11 |
| the pilot projects in order to
contribute data to the federal | 12 |
| rulemaking process regarding
the possible inclusion of | 13 |
| stationary automated warning
devices in the counties of Cook, | 14 |
| DuPage, Lake, and Will as
a safety measure option to the | 15 |
| proposed federal rule.
| 16 |
| (c) The Department
Commission shall adopt rules for | 17 |
| implementing
the pilot projects in the counties of Cook, | 18 |
| DuPage, Lake,
and Will.
| 19 |
| (Source: P.A. 92-284, eff. 8-9-01.)
| 20 |
| (625 ILCS 5/18c-7403) (from Ch. 95 1/2, par. 18c-7403)
| 21 |
| Sec. 18c-7403. Enforcement and Waiver of Safety | 22 |
| Requirements.
| 23 |
| (1) Enforcement.
Except with regard to grade crossing | 24 |
| obstructions under
Section 18c-7402 of this Chapter and | 25 |
| trespass on railroad rights of way and
yards under Section | 26 |
| 18c-7503 of this Chapter, jurisdiction to initiate
actions to | 27 |
| enforce provisions of this Chapter is vested
exclusively in the | 28 |
| Department
Commission . Where a valid federal
statute, | 29 |
| regulation, or order sets forth procedures or
sanctions for | 30 |
| violation of safety standards, and such
procedures or sanctions | 31 |
| are preemptive of state law, the
Department
Commission shall | 32 |
| exercise its enforcement jurisdiction under
this Article in | 33 |
| accordance therewith. Otherwise, the
provisions of this | 34 |
| Chapter regarding enforcement procedures and
sanctions shall | 35 |
| apply.
|
|
|
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| 1 |
| (2) Waiver.
The Department
Commission may waive any of the | 2 |
| safety requirements
under
this Article if continued adherence | 3 |
| to the requirement or requirements is
not required for the | 4 |
| safety of railroad employees or the
public.
| 5 |
| (Source: P.A. 90-257, eff. 7-30-97.)
| 6 |
| (625 ILCS 5/18c-7404) (from Ch. 95 1/2, par. 18c-7404)
| 7 |
| Sec. 18c-7404. Transportation of Hazardous Materials by | 8 |
| Rail Carriers.
(1) Department
Commission to Regulate Hazardous | 9 |
| Materials
Transportation by Rail Carrier.
| 10 |
| (a) Powers of the Department
Commission . The Department
| 11 |
| Commission is authorized to regulate the
transportation of | 12 |
| hazardous materials by rail carrier by:
| 13 |
| (i) Adopting by reference the hazardous materials
| 14 |
| regulations of the Office of Hazardous Materials | 15 |
| Transportation and
the Federal Railroad Administration of the | 16 |
| United
States Department of Transportation, as amended;
| 17 |
| (ii) Conducting investigations, issuing subpoenas, taking | 18 |
| depositions,
requiring the production of relevant documents, | 19 |
| records and property, and
conducting hearings in aid of such | 20 |
| investigations;
| 21 |
| (iii) Conducting a continuing review of all aspects of
| 22 |
| hazardous materials transportation by rail carrier
to | 23 |
| determine and recommend actions necessary to
insure safe | 24 |
| transportation of such materials;
| 25 |
| (iv) Undertaking, directly or indirectly, research,
| 26 |
| development, demonstration and training activities;
| 27 |
| (v) Cooperating with other State agencies and enter into
| 28 |
| interagency agreements; and
| 29 |
| (vi) Entering upon, inspecting and examining the records | 30 |
| and
properties relating to the transportation of hazardous | 31 |
| materials by rail,
including all portions of any facility used | 32 |
| in the loading, unloading, and
actual movement of such | 33 |
| materials, or in the storage of such materials
incidental to | 34 |
| actual movement by rail;
| 35 |
| (vii) Stopping and inspecting trains, at reasonable times |
|
|
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| and
locations and in a reasonable manner, or taking any
other | 2 |
| action necessary to administer or enforce the
provisions of | 3 |
| this Section.
| 4 |
| (b) Scope of Section. The provisions of this Section apply | 5 |
| generally to
the transportation of hazardous materials by rail | 6 |
| carrier within the State
of Illinois, but do not apply to:
| 7 |
| (i) Natural gas pipelines;
| 8 |
| (ii) Transportation of firearms or ammunition for
personal | 9 |
| use or in commerce; or
| 10 |
| (iii) Transportation exempted by the Department
Commission
| 11 |
| where the
exemption granted by the Department
Commission is:
| 12 |
| (A) Coextensive with an exemption granted by the
Office of | 13 |
| Hazardous Materials and the Federal
Railroad Administration; | 14 |
| or
| 15 |
| (B) Otherwise exempt under statutes or regulations
| 16 |
| governing similar transportation in interstate commerce.
| 17 |
| (c) Rail Carriers to Comply with Department
Commission
| 18 |
| Regulations.
No person shall transport hazardous materials by | 19 |
| rail
carrier except in compliance with this Section,
Department
| 20 |
| Commission regulations and orders.
| 21 |
| (2) Enforcement.
| 22 |
| (a) Criminal Penalties. Any person who willfully violates | 23 |
| the provisions
of this Section, Department
Commission
| 24 |
| regulations or orders shall have
committed a
class 3 felony and | 25 |
| be subject to criminal penalties in an amount not to
exceed | 26 |
| $25,000.
| 27 |
| (b) Civil Penalties. Any person who knowingly violates the | 28 |
| provisions of
this Section, Department
Commission regulations | 29 |
| or orders shall also be
subject to
civil penalties in an amount | 30 |
| not to exceed $10,000.
| 31 |
| (c) Injunctive Relief. The Department
Commission may | 32 |
| petition any
circuit court
with venue and jurisdiction to | 33 |
| enforce this Chapter to enjoin actions which
it has reason to | 34 |
| believe may pose an imminent hazard, and to issue such
other | 35 |
| orders as will eliminate or ameliorate the imminent hazard. As | 36 |
| used
in this Section, "imminent hazard" means a substantial |
|
|
|
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LRB093 20917 DRH 46890 b |
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| 1 |
| likelihood that
death, serious illness, or severe personal | 2 |
| injury will occur prior to the
time during which an | 3 |
| administrative proceeding to abate the danger could
normally be | 4 |
| completed.
| 5 |
| (3) Department
Commission to Adopt Regulations. The | 6 |
| Department
Commission may adopt
regulations governing the | 7 |
| transportation of hazardous materials by rail carrier
where:
| 8 |
| (a) The risk created by such transportation is susceptible | 9 |
| to
control by regulation;
| 10 |
| (b) State regulation would be more effective in controlling
| 11 |
| the risk than federal regulation; and
| 12 |
| (c) The regulations adopted by the Department
Commission
| 13 |
| are not
inconsistent with federal regulations.
| 14 |
| (Source: P.A. 85-815.)
|
|