HB4881 93RD GENERAL ASSEMBLY

LRB093 20917 DRH 46890 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4881

Introduced 02/04/04, by Jay C. Hoffman

SYNOPSIS AS INTRODUCED:

20 ILCS 2705/2705-20 new
30 ILCS 105/5.625 new
35 ILCS 505/8	from Ch. 120, par. 424
220 ILCS 5/1-102	from Ch. 111 2/3, par. 1-102
220 ILCS 5/7-102	from Ch. 111 2/3, par. 7-102
625 ILCS 5/18c-1104	from Ch. 95 1/2, par. 18c-1104
625 ILCS 5/Chapter 18C, Sub-chapter 1, Article II heading
625 ILCS 5/18c-1201	from Ch. 95 1/2, par. 18c-1201
625 ILCS 5/18c-1201.1 new
625 ILCS 5/18c-1202	from Ch. 95 1/2, par. 18c-1202
625 ILCS 5/18c-1204	from Ch. 95 1/2, par. 18c-1204
625 ILCS 5/18c-1502	from Ch. 95 1/2, par. 18c-1502
625 ILCS 5/18c-1502.05
625 ILCS 5/18c-1502.10
625 ILCS 5/18c-1505	from Ch. 95 1/2, par. 18c-1505
625 ILCS 5/18c-1601	from Ch. 95 1/2, par. 18c-1601
625 ILCS 5/18c-3304	from Ch. 95 1/2, par. 18c-3304
625 ILCS 5/18c-7101	from Ch. 95 1/2, par. 18c-7101
625 ILCS 5/18c-7201	from Ch. 95 1/2, par. 18c-7201
625 ILCS 5/18c-7401	from Ch. 95 1/2, par. 18c-7401
625 ILCS 5/18c-7402	from Ch. 95 1/2, par. 18c-7402
625 ILCS 5/18c-7402.1
625 ILCS 5/18c-7403	from Ch. 95 1/2, par. 18c-7403
625 ILCS 5/18c-7404	from Ch. 95 1/2, par. 18c-7404

Amends the Department of Transportation Law of the Civil Administrative Code of Illinois, the Motor Fuel Tax Law, the Public Utilities Act, and the Illinois Vehicle Code. Transfers from the Illinois Commerce Commission to the Department of Transportation all the Commission's functions, powers, and duties related to railroads. Provides for procedures and the exercise of authority necessary to effectuate the transfer. Provides that the Commission and the Secretary of Transportation shall adopt rules for implementing the transfer. Provides that the Secretary of Transportation shall adopt rules governing the maintenance of safe walkways for railroad workers. Deletes language requiring any freight train operating outside a railroad yard to be equipped with a radio communication system. Provides that, in accordance with federal railroad safety laws, the Department has authority to adopt rules and issue orders covering every area of railroad safety. Makes other changes. Effective July 1, 2004.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT in relation to transportation.

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

4		Section 5. The Department of Transportation Law of the
5		Civil Administrative Code of Illinois is amended by adding
6		Section 2705-20 as follows:
7		(20 ILCS 2705/2705-20 new)
8		Sec. 2705-20. Railroads.
9		(a) The Department shall exercise the functions, powers,
10		and duties relating to railroads set forth in Chapter 18C of
11		the Illinois Vehicle Code.
12		(b) Any reference to the Illinois Commerce Commission in
13		any law of this State relating to railroad regulation shall be
14		deemed to be a reference to the Department.
15		(c) The Secretary of Transportation shall adopt rules
16		governing the maintenance of safe walkways for railroad workers
17		at locations where work is regularly performed on the ground.
18		These rules shall include, at a minimum, a requirement that the
19		walkways have a reasonably uniform surface, be maintained in a
20		safe condition, and be reasonably free of obstacles, debris,
21		and other hazards.

22		Section 10. The State Finance Act is amended by adding
23		Section 5.625 as follows:
24		(30 ILCS 105/5.625 new)
25		Sec. 5.625. The Department of Transportation Railroad
26		Regulatory Fund.

27		Section 15. The Motor Fuel Tax Law is amended by changing
28		Section 8 as follows:

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

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:

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:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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.

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

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

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

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

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

1		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

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

1		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

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

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

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

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,

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

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

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.

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

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

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

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

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;

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

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

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

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

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

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

1		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.

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

1		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

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.)

Section 99. Effective date. This Act takes effect on July 1, 2004.