Illinois General Assembly - Full Text of HB0813
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Full Text of HB0813  102nd General Assembly

HB0813eng 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB0813 EngrossedLRB102 04038 HEP 14054 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Motor Fuel Tax Law is amended by changing
5Section 8 as follows:
 
6    (35 ILCS 505/8)  (from Ch. 120, par. 424)
7    Sec. 8. Except as provided in subsection (a-1) of this
8Section, Section 8a, subdivision (h)(1) of Section 12a,
9Section 13a.6, and items 13, 14, 15, and 16 of Section 15, all
10money received by the Department under this Act, including
11payments made to the Department by member jurisdictions
12participating in the International Fuel Tax Agreement, shall
13be deposited in a special fund in the State treasury, to be
14known as the "Motor Fuel Tax Fund", and shall be used as
15follows:
16    (a) 2 1/2 cents per gallon of the tax collected on special
17fuel under paragraph (b) of Section 2 and Section 13a of this
18Act shall be transferred to the State Construction Account
19Fund in the State Treasury; the remainder of the tax collected
20on special fuel under paragraph (b) of Section 2 and Section
2113a of this Act shall be deposited into the Road Fund;
22    (a-1) Beginning on July 1, 2019, an amount equal to the
23amount of tax collected under subsection (a) of Section 2 as a

 

 

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1result of the increase in the tax rate under Public Act 101-32
2this amendatory Act of the 101st General Assembly shall be
3transferred each month into the Transportation Renewal Fund; .
4    (b) $420,000 shall be transferred each month to the State
5Boating Act Fund to be used by the Department of Natural
6Resources for the purposes specified in Article X of the Boat
7Registration and Safety Act;
8    (c) $3,500,000 shall be transferred each month to the
9Grade Crossing Protection Fund to be used as follows: not less
10than $12,000,000 each fiscal year shall be used for the
11construction or reconstruction of rail highway grade
12separation structures; $2,250,000 in fiscal years 2004 through
132009 and $3,000,000 in fiscal year 2010 and each fiscal year
14thereafter shall be transferred to the Transportation
15Regulatory Fund and shall be accounted for as part of the rail
16carrier portion of such funds and shall be used to pay the cost
17of administration of the Illinois Commerce Commission's
18railroad safety program in connection with its duties under
19subsection (3) of Section 18c-7401 of the Illinois Vehicle
20Code, with the remainder to be used by the Department of
21Transportation upon order of the Illinois Commerce Commission,
22to pay that part of the cost apportioned by such Commission to
23the State to cover the interest of the public in the use of
24highways, roads, streets, or pedestrian walkways in the county
25highway system, township and district road system, or
26municipal street system as defined in the Illinois Highway

 

 

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

 

 

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

 

 

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1    International Fuel Tax Agreement referenced in Section
2    14a;
3        (4) from October 1, 1985 until June 30, 1994, the
4    administration of the Vehicle Emissions Inspection Law,
5    which amount shall be certified monthly by the
6    Environmental Protection Agency to the State Comptroller
7    and shall promptly be transferred by the State Comptroller
8    and Treasurer from the Motor Fuel Tax Fund to the Vehicle
9    Inspection Fund, and for the period July 1, 1994 through
10    June 30, 2000, one-twelfth of $25,000,000 each month, for
11    the period July 1, 2000 through June 30, 2003, one-twelfth
12    of $30,000,000 each month, and $15,000,000 on July 1,
13    2003, and $15,000,000 on January 1, 2004, and $15,000,000
14    on each July 1 and October 1, or as soon thereafter as may
15    be practical, during the period July 1, 2004 through June
16    30, 2012, and $30,000,000 on June 1, 2013, or as soon
17    thereafter as may be practical, and $15,000,000 on July 1
18    and October 1, or as soon thereafter as may be practical,
19    during the period of July 1, 2013 through June 30, 2015,
20    for the administration of the Vehicle Emissions Inspection
21    Law of 2005, to be transferred by the State Comptroller
22    and Treasurer from the Motor Fuel Tax Fund into the
23    Vehicle Inspection Fund;
24        (4.5) beginning on July 1, 2019, the costs of the
25    Environmental Protection Agency for the administration of
26    the Vehicle Emissions Inspection Law of 2005 shall be

 

 

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1    paid, subject to appropriation, from the Motor Fuel Tax
2    Fund into the Vehicle Inspection Fund; beginning in 2019,
3    no later than December 31 of each year, or as soon
4    thereafter as practical, the State Comptroller shall
5    direct and the State Treasurer shall transfer from the
6    Vehicle Inspection Fund to the Motor Fuel Tax Fund any
7    balance remaining in the Vehicle Inspection Fund in excess
8    of $2,000,000;
9        (5) amounts ordered paid by the Court of Claims; and
10        (6) payment of motor fuel use taxes due to member
11    jurisdictions under the terms of the International Fuel
12    Tax Agreement. The Department shall certify these amounts
13    to the Comptroller by the 15th day of each month; the
14    Comptroller shall cause orders to be drawn for such
15    amounts, and the Treasurer shall administer those amounts
16    on or before the last day of each month;
17    (e) after allocations for the purposes set forth in
18subsections (a), (a-1), (b), (c), and (d), the remaining
19amount shall be apportioned as follows:
20        (1) Until January 1, 2000, 58.4%, and beginning
21    January 1, 2000, 45.6% shall be deposited as follows:
22            (A) 37% into the State Construction Account Fund,
23        and
24            (B) 63% into the Road Fund, $1,250,000 of which
25        shall be reserved each month for the Department of
26        Transportation to be used in accordance with the

 

 

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1        provisions of Sections 6-901 through 6-906 of the
2        Illinois Highway Code;
3        (2) Until January 1, 2000, 41.6%, and beginning
4    January 1, 2000, 54.4% shall be transferred to the
5    Department of Transportation to be distributed as follows:
6            (A) 49.10% to the municipalities of the State,
7            (B) 16.74% to the counties of the State having
8        1,000,000 or more inhabitants,
9            (C) 18.27% to the counties of the State having
10        less than 1,000,000 inhabitants,
11            (D) 15.89% to the road districts of the State.
12        If a township is dissolved under Article 24 of the
13    Township Code, McHenry County shall receive any moneys
14    that would have been distributed to the township under
15    this subparagraph, except that a municipality that assumes
16    the powers and responsibilities of a road district under
17    paragraph (6) of Section 24-35 of the Township Code shall
18    receive any moneys that would have been distributed to the
19    township in a percent equal to the area of the dissolved
20    road district or portion of the dissolved road district
21    over which the municipality assumed the powers and
22    responsibilities compared to the total area of the
23    dissolved township. The moneys received under this
24    subparagraph shall be used in the geographic area of the
25    dissolved township. If a township is reconstituted as
26    provided under Section 24-45 of the Township Code, McHenry

 

 

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1    County or a municipality shall no longer be distributed
2    moneys under this subparagraph.
3    As soon as may be after the first day of each month, the
4Department of Transportation shall allot to each municipality
5its share of the amount apportioned to the several
6municipalities which shall be in proportion to the population
7of such municipalities as determined by the last preceding
8municipal census if conducted by the Federal Government or
9Federal census. If territory is annexed to any municipality
10subsequent to the time of the last preceding census the
11corporate authorities of such municipality may cause a census
12to be taken of such annexed territory and the population so
13ascertained for such territory shall be added to the
14population of the municipality as determined by the last
15preceding census for the purpose of determining the allotment
16for that municipality. If the population of any municipality
17was not determined by the last Federal census preceding any
18apportionment, the apportionment to such municipality shall be
19in accordance with any census taken by such municipality. Any
20municipal census used in accordance with this Section shall be
21certified to the Department of Transportation by the clerk of
22such municipality, and the accuracy thereof shall be subject
23to approval of the Department which may make such corrections
24as it ascertains to be necessary.
25    As soon as may be after the first day of each month, the
26Department of Transportation shall allot to each county its

 

 

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1share of the amount apportioned to the several counties of the
2State as herein provided. Each allotment to the several
3counties having less than 1,000,000 inhabitants shall be in
4proportion to the amount of motor vehicle license fees
5received from the residents of such counties, respectively,
6during the preceding calendar year. The Secretary of State
7shall, on or before April 15 of each year, transmit to the
8Department of Transportation a full and complete report
9showing the amount of motor vehicle license fees received from
10the residents of each county, respectively, during the
11preceding calendar year. The Department of Transportation
12shall, each month, use for allotment purposes the last such
13report received from the Secretary of State.
14    As soon as may be after the first day of each month, the
15Department of Transportation shall allot to the several
16counties their share of the amount apportioned for the use of
17road districts. The allotment shall be apportioned among the
18several counties in the State in the proportion which the
19total mileage of township or district roads in the respective
20counties bears to the total mileage of all township and
21district roads in the State. Funds allotted to the respective
22counties for the use of road districts therein shall be
23allocated to the several road districts in the county in the
24proportion which the total mileage of such township or
25district roads in the respective road districts bears to the
26total mileage of all such township or district roads in the

 

 

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1county. After July 1 of any year prior to 2011, no allocation
2shall be made for any road district unless it levied a tax for
3road and bridge purposes in an amount which will require the
4extension of such tax against the taxable property in any such
5road district at a rate of not less than either .08% of the
6value thereof, based upon the assessment for the year
7immediately prior to the year in which such tax was levied and
8as equalized by the Department of Revenue or, in DuPage
9County, an amount equal to or greater than $12,000 per mile of
10road under the jurisdiction of the road district, whichever is
11less. Beginning July 1, 2011 and each July 1 thereafter, an
12allocation shall be made for any road district if it levied a
13tax for road and bridge purposes. In counties other than
14DuPage County, if the amount of the tax levy requires the
15extension of the tax against the taxable property in the road
16district at a rate that is less than 0.08% of the value
17thereof, based upon the assessment for the year immediately
18prior to the year in which the tax was levied and as equalized
19by the Department of Revenue, then the amount of the
20allocation for that road district shall be a percentage of the
21maximum allocation equal to the percentage obtained by
22dividing the rate extended by the district by 0.08%. In DuPage
23County, if the amount of the tax levy requires the extension of
24the tax against the taxable property in the road district at a
25rate that is less than the lesser of (i) 0.08% of the value of
26the taxable property in the road district, based upon the

 

 

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1assessment for the year immediately prior to the year in which
2such tax was levied and as equalized by the Department of
3Revenue, or (ii) a rate that will yield an amount equal to
4$12,000 per mile of road under the jurisdiction of the road
5district, then the amount of the allocation for the road
6district shall be a percentage of the maximum allocation equal
7to the percentage obtained by dividing the rate extended by
8the district by the lesser of (i) 0.08% or (ii) the rate that
9will yield an amount equal to $12,000 per mile of road under
10the jurisdiction of the road district.
11    Prior to 2011, if any road district has levied a special
12tax for road purposes pursuant to Sections 6-601, 6-602, and
136-603 of the Illinois Highway Code, and such tax was levied in
14an amount which would require extension at a rate of not less
15than .08% of the value of the taxable property thereof, as
16equalized or assessed by the Department of Revenue, or, in
17DuPage County, an amount equal to or greater than $12,000 per
18mile of road under the jurisdiction of the road district,
19whichever is less, such levy shall, however, be deemed a
20proper compliance with this Section and shall qualify such
21road district for an allotment under this Section. Beginning
22in 2011 and thereafter, if any road district has levied a
23special tax for road purposes under Sections 6-601, 6-602, and
246-603 of the Illinois Highway Code, and the tax was levied in
25an amount that would require extension at a rate of not less
26than 0.08% of the value of the taxable property of that road

 

 

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1district, as equalized or assessed by the Department of
2Revenue or, in DuPage County, an amount equal to or greater
3than $12,000 per mile of road under the jurisdiction of the
4road district, whichever is less, that levy shall be deemed a
5proper compliance with this Section and shall qualify such
6road district for a full, rather than proportionate, allotment
7under this Section. If the levy for the special tax is less
8than 0.08% of the value of the taxable property, or, in DuPage
9County if the levy for the special tax is less than the lesser
10of (i) 0.08% or (ii) $12,000 per mile of road under the
11jurisdiction of the road district, and if the levy for the
12special tax is more than any other levy for road and bridge
13purposes, then the levy for the special tax qualifies the road
14district for a proportionate, rather than full, allotment
15under this Section. If the levy for the special tax is equal to
16or less than any other levy for road and bridge purposes, then
17any allotment under this Section shall be determined by the
18other levy for road and bridge purposes.
19    Prior to 2011, if a township has transferred to the road
20and bridge fund money which, when added to the amount of any
21tax levy of the road district would be the equivalent of a tax
22levy requiring extension at a rate of at least .08%, or, in
23DuPage County, an amount equal to or greater than $12,000 per
24mile of road under the jurisdiction of the road district,
25whichever is less, such transfer, together with any such tax
26levy, shall be deemed a proper compliance with this Section

 

 

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1and shall qualify the road district for an allotment under
2this Section.
3    In counties in which a property tax extension limitation
4is imposed under the Property Tax Extension Limitation Law,
5road districts may retain their entitlement to a motor fuel
6tax allotment or, beginning in 2011, their entitlement to a
7full allotment if, at the time the property tax extension
8limitation was imposed, the road district was levying a road
9and bridge tax at a rate sufficient to entitle it to a motor
10fuel tax allotment and continues to levy the maximum allowable
11amount after the imposition of the property tax extension
12limitation. Any road district may in all circumstances retain
13its entitlement to a motor fuel tax allotment or, beginning in
142011, its entitlement to a full allotment if it levied a road
15and bridge tax in an amount that will require the extension of
16the tax against the taxable property in the road district at a
17rate of not less than 0.08% of the assessed value of the
18property, based upon the assessment for the year immediately
19preceding the year in which the tax was levied and as equalized
20by the Department of Revenue or, in DuPage County, an amount
21equal to or greater than $12,000 per mile of road under the
22jurisdiction of the road district, whichever is less.
23    As used in this Section, the term "road district" means
24any road district, including a county unit road district,
25provided for by the Illinois Highway Code; and the term
26"township or district road" means any road in the township and

 

 

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1district road system as defined in the Illinois Highway Code.
2For the purposes of this Section, "township or district road"
3also includes such roads as are maintained by park districts,
4forest preserve districts and conservation districts. The
5Department of Transportation shall determine the mileage of
6all township and district roads for the purposes of making
7allotments and allocations of motor fuel tax funds for use in
8road districts.
9    Payment of motor fuel tax moneys to municipalities and
10counties shall be made as soon as possible after the allotment
11is made. The treasurer of the municipality or county may
12invest these funds until their use is required and the
13interest earned by these investments shall be limited to the
14same uses as the principal funds.
15(Source: P.A. 101-32, eff. 6-28-19; 101-230, eff. 8-9-19;
16101-493, eff. 8-23-19; revised 9-24-19.)
 
17    Section 10. The Illinois Vehicle Code is amended by
18changing Section 18c-7401 as follows:
 
19    (625 ILCS 5/18c-7401)  (from Ch. 95 1/2, par. 18c-7401)
20    Sec. 18c-7401. Safety Requirements for Track, Facilities,
21and Equipment.
22    (1) General Requirements. Each rail carrier shall,
23consistent with rules, orders, and regulations of the Federal
24Railroad Administration, construct, maintain, and operate all

 

 

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1of its equipment, track, and other property in this State in
2such a manner as to pose no undue risk to its employees or the
3person or property of any member of the public.
4    (2) Adoption of Federal Standards. The track safety
5standards and accident/incident standards promulgated by the
6Federal Railroad Administration shall be safety standards of
7the Commission. The Commission may, in addition, adopt by
8reference in its regulations other federal railroad safety
9standards, whether contained in federal statutes or in
10regulations adopted pursuant to such statutes.
11    (3) Railroad Crossings. No public road, highway, or street
12shall hereafter be constructed across the track of any rail
13carrier at grade, nor shall the track of any rail carrier be
14constructed across a public road, highway or street at grade,
15without having first secured the permission of the Commission;
16provided, that this Section shall not apply to the replacement
17of lawfully existing roads, highways, and tracks. No public
18pedestrian bridge or subway shall be constructed across the
19track of any rail carrier without having first secured the
20permission of the Commission. The Commission shall have the
21right to refuse its permission or to grant it upon such terms
22and conditions as it may prescribe. The Commission shall have
23power to determine and prescribe the manner, including the
24particular point of crossing, and the terms of installation,
25operation, maintenance, use, and protection of each such
26crossing.

 

 

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1    The Commission shall also have power, after a hearing, to
2require major alteration of or to abolish any crossing,
3heretofore or hereafter established, when in its opinion, the
4public safety requires such alteration or abolition, and,
5except in cities, villages, and incorporated towns of
61,000,000 or more inhabitants, to vacate and close that part
7of the highway on such crossing altered or abolished and cause
8barricades to be erected across such highway in such manner as
9to prevent the use of such crossing as a highway, when, in the
10opinion of the Commission, the public convenience served by
11the crossing in question is not such as to justify the further
12retention thereof; or to require a separation of grades, at
13railroad-highway grade crossings; or to require a separation
14of grades at any proposed crossing where a proposed public
15highway may cross the tracks of any rail carrier or carriers;
16and to prescribe, after a hearing of the parties, the terms
17upon which such separations shall be made and the proportion
18in which the expense of the alteration or abolition of such
19crossings or the separation of such grades, having regard to
20the benefits, if any, accruing to the rail carrier or any party
21in interest, shall be divided between the rail carrier or
22carriers affected, or between such carrier or carriers and the
23State, county, municipality or other public authority in
24interest. However, a public hearing by the Commission to
25abolish a crossing shall not be required when the public
26highway authority in interest vacates the highway. In such

 

 

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

 

 

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1shall include the cost of changes or alterations in the
2equipment of public utilities affected as well as the cost of
3the relocation, diversion or establishment of any public
4highway, made necessary by such reconstruction, alteration,
5relocation, or improvement of said crossing. A hearing shall
6not be required in those instances when the Commission enters
7an order confirming a written stipulation in which the
8Commission, the public highway authority or other public
9authority in interest, the rail carrier or carriers affected,
10and in instances involving the use of the Grade Crossing
11Protection Fund, the Illinois Department of Transportation,
12agree on the reconstruction, alteration, relocation, or
13improvement and the subsequent maintenance thereof and the
14division of costs of such changes of any grade crossing
15(including the necessary highway approaches thereto) of any
16railroad across any highway, pedestrian bridge, or pedestrian
17subway.
18    The Commission shall also have power to enter into
19stipulated agreements with a rail carrier or rail carriers or
20public authorities to fund, provide, install, and maintain
21safety treatments to deter trespassing on railroad property in
22accordance with paragraph (1) of Section 18c-7503 at locations
23approved by such rail carrier or rail carriers following a
24diagnostic evaluation between the Commission and the rail
25carrier or rail carriers, including any public authority in
26interest or the Federal Railroad Administration, and to order

 

 

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1the allocation of the cost of those treatments and their
2installation and maintenance from the Grade Crossing
3Protection Fund. Safety treatments approved under this
4paragraph by the Commission shall be deemed adequate and
5appropriate.
6    Every rail carrier operating in the State of Illinois
7shall construct and maintain every highway crossing over its
8tracks within the State so that the roadway at the
9intersection shall be as flush with the rails as superelevated
10curves will allow, and, unless otherwise ordered by the
11Commission, shall construct and maintain the approaches
12thereto at a grade of not more than 5% within the right of way
13for a distance of not less the 6 feet on each side of the
14centerline of such tracks; provided, that the grades at the
15approaches may be maintained in excess of 5% only when
16authorized by the Commission.
17    Every rail carrier operating within this State shall
18remove from its right of way at all railroad-highway grade
19crossings within the State, such brush, shrubbery, and trees
20as is reasonably practical for a distance of not less than 500
21feet in either direction from each grade crossing. The
22Commission shall have power, upon its own motion, or upon
23complaint, and after having made proper investigation, to
24require the installation of adequate and appropriate luminous
25reflective warning signs, luminous flashing signals, crossing
26gates illuminated at night, or other protective devices in

 

 

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1order to promote and safeguard the health and safety of the
2public. Luminous flashing signal or crossing gate devices
3installed at grade crossings, which have been approved by the
4Commission, shall be deemed adequate and appropriate. The
5Commission shall have authority to determine the number, type,
6and location of such signs, signals, gates, or other
7protective devices which, however, shall conform as near as
8may be with generally recognized national standards, and the
9Commission shall have authority to prescribe the division of
10the cost of the installation and subsequent maintenance of
11such signs, signals, gates, or other protective devices
12between the rail carrier or carriers, the public highway
13authority or other public authority in interest, and in
14instances involving the use of the Grade Crossing Protection
15Fund, the Illinois Department of Transportation. Except where
16train crews provide flagging of the crossing to road users,
17yield signs shall be installed at all highway intersections
18with every grade crossing in this State that is not equipped
19with automatic warning devices, such as luminous flashing
20signals or crossing gate devices. A stop sign may be used in
21lieu of the yield sign when an engineering study conducted in
22cooperation with the highway authority and the Illinois
23Department of Transportation has determined that a stop sign
24is warranted. If the Commission has ordered the installation
25of luminous flashing signal or crossing gate devices at a
26grade crossing not equipped with active warning devices, the

 

 

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1Commission shall order the installation of temporary stop
2signs at the highway intersection with the grade crossing
3unless an engineering study has determined that a stop sign is
4not appropriate. If a stop sign is not appropriate, the
5Commission may order the installation of other appropriate
6supplemental signing as determined by an engineering study.
7The temporary signs shall remain in place until the luminous
8flashing signal or crossing gate devices have been installed.
9The rail carrier is responsible for the installation and
10subsequent maintenance of any required signs. The permanent
11signs shall be in place by July 1, 2011.
12    No railroad may change or modify the warning device system
13at a railroad-highway grade crossing, including warning
14systems interconnected with highway traffic control signals,
15without having first received the approval of the Commission.
16The Commission shall have the further power, upon application,
17upon its own motion, or upon complaint and after having made
18proper investigation, to require the interconnection of grade
19crossing warning devices with traffic control signals at
20highway intersections located at or near railroad crossings
21within the distances described by the State Manual on Uniform
22Traffic Control Devices adopted pursuant to Section 11-301 of
23this Code. In addition, State and local authorities may not
24install, remove, modernize, or otherwise modify traffic
25control signals at a highway intersection that is
26interconnected or proposed to be interconnected with grade

 

 

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1crossing warning devices when the change affects the number,
2type, or location of traffic control devices on the track
3approach leg or legs of the intersection or the timing of the
4railroad preemption sequence of operation until the Commission
5has approved the installation, removal, modernization, or
6modification. Commission approval shall be limited to
7consideration of issues directly affecting the public safety
8at the railroad-highway grade crossing. The electrical circuit
9devices, alternate warning devices, and preemption sequences
10shall conform as nearly as possible, considering the
11particular characteristics of the crossing and intersection
12area, to the State manual adopted by the Illinois Department
13of Transportation pursuant to Section 11-301 of this Code and
14such federal standards as are made applicable by subsection
15(2) of this Section. In order to carry out this authority, the
16Commission shall have the authority to determine the number,
17type, and location of traffic control devices on the track
18approach leg or legs of the intersection and the timing of the
19railroad preemption sequence of operation. The Commission
20shall prescribe the division of costs for installation and
21maintenance of all devices required by this paragraph between
22the railroad or railroads and the highway authority in
23interest and in instances involving the use of the Grade
24Crossing Protection Fund or a State highway, the Illinois
25Department of Transportation.
26    Any person who unlawfully or maliciously removes, throws

 

 

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1down, damages or defaces any sign, signal, gate, or other
2protective device, located at or near any public grade
3crossing, shall be guilty of a petty offense and fined not less
4than $50 nor more than $200 for each offense. In addition to
5fines levied under the provisions of this Section a person
6adjudged guilty hereunder may also be directed to make
7restitution for the costs of repair or replacement, or both,
8necessitated by his misconduct.
9    It is the public policy of the State of Illinois to enhance
10public safety by establishing safe grade crossings. In order
11to implement this policy, the Illinois Commerce Commission is
12directed to conduct public hearings and to adopt specific
13criteria by July 1, 1994, that shall be adhered to by the
14Illinois Commerce Commission in determining if a grade
15crossing should be opened or abolished. The following factors
16shall be considered by the Illinois Commerce Commission in
17developing the specific criteria for opening and abolishing
18grade crossings:
19        (a) timetable speed of passenger trains;
20        (b) distance to an alternate crossing;
21        (c) accident history for the last 5 years;
22        (d) number of vehicular traffic and posted speed
23    limits;
24        (e) number of freight trains and their timetable
25    speeds;
26        (f) the type of warning device present at the grade

 

 

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1    crossing;
2        (g) alignments of the roadway and railroad, and the
3    angle of intersection of those alignments;
4        (h) use of the grade crossing by trucks carrying
5    hazardous materials, vehicles carrying passengers for
6    hire, and school buses; and
7        (i) use of the grade crossing by emergency vehicles.
8    The Illinois Commerce Commission, upon petition to open or
9abolish a grade crossing, shall enter an order opening or
10abolishing the crossing if it meets the specific criteria
11adopted by the Commission.
12    Except as otherwise provided in this subsection (3), in no
13instance shall a grade crossing be permanently closed without
14public hearing first being held and notice of such hearing
15being published in an area newspaper of local general
16circulation.
17    (4) Freight Trains; Radio Communications. The Commission
18shall after hearing and order require that every main line
19railroad freight train operating on main tracks outside of
20yard limits within this State shall be equipped with a radio
21communication system. The Commission after notice and hearing
22may grant exemptions from the requirements of this Section as
23to secondary and branch lines.
24    (5) Railroad Bridges and Trestles; Walkway and Handrail.
25In cases in which the Commission finds the same to be practical
26and necessary for safety of railroad employees, bridges and

 

 

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1trestles, over and upon which railroad trains are operated,
2shall include as a part thereof, a safe and suitable walkway
3and handrail on one side only of such bridge or trestle, and
4such handrail shall be located at the outer edge of the walkway
5and shall provide a clearance of not less than 8 feet, 6
6inches, from the center line of the nearest track, measured at
7right angles thereto.
8    (6) Packages Containing Articles for First Aid to Injured
9on Trains.
10        (a) All rail carriers shall provide a first aid kit
11    that contains, at a minimum, those articles prescribed by
12    the Commission, on each train or engine, for first aid to
13    persons who may be injured in the course of the operation
14    of such trains.
15        (b) A vehicle, excluding a taxi cab used in an
16    emergency situation, operated by a contract carrier
17    transporting railroad employees in the course of their
18    employment shall be equipped with a readily available
19    first aid kit that contains, as a minimum, the same
20    articles that are required on each train or engine.
21    (7) Abandoned Bridges, Crossings, and Other Rail Plant.
22The Commission shall have authority, after notice and hearing,
23to order:
24        (a) the removal of any abandoned railroad tracks from
25    roads, streets or other thoroughfares in this State; and
26        (b) the removal of abandoned overhead railroad

 

 

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1    structures crossing highways, waterways, or railroads.
2    The Commission may equitably apportion the cost of such
3actions between the rail carrier or carriers, public
4utilities, and the State, county, municipality, township, road
5district, or other public authority in interest.
6    (8) Railroad-Highway Bridge Clearance. A vertical
7clearance of not less than 23 feet above the top of rail shall
8be provided for all new or reconstructed highway bridges
9constructed over a railroad track. The Commission may permit a
10lesser clearance if it determines that the 23-foot clearance
11standard cannot be justified based on engineering,
12operational, and economic conditions.
13    (9) Right of Access To Railroad Property.
14        (a) A community antenna television company franchised
15    by a municipality or county pursuant to the Illinois
16    Municipal Code or the Counties Code, respectively, shall
17    not enter upon any real estate or rights-of-way in the
18    possession or control of a railroad subject to the
19    jurisdiction of the Illinois Commerce Commission unless
20    the community antenna television company first complies
21    with the applicable provisions of subparagraph (f) of
22    Section 11-42-11.1 of the Illinois Municipal Code or
23    subparagraph (f) of Section 5-1096 of the Counties Code.
24        (b) Notwithstanding any provision of law to the
25    contrary, this subsection (9) applies to all entries of
26    railroad rights-of-way involving a railroad subject to the

 

 

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1    jurisdiction of the Illinois Commerce Commission by a
2    community antenna television company and shall govern in
3    the event of any conflict with any other provision of law.
4        (c) This subsection (9) applies to any entry upon any
5    real estate or right-of-way in the possession or control
6    of a railroad subject to the jurisdiction of the Illinois
7    Commerce Commission for the purpose of or in connection
8    with the construction, or installation of a community
9    antenna television company's system or facilities
10    commenced or renewed on or after August 22, 2017 (the
11    effective date of Public Act 100-251).
12        (d) Nothing in Public Act 100-251 shall be construed
13    to prevent a railroad from negotiating other terms and
14    conditions or the resolution of any dispute in relation to
15    an entry upon or right of access as set forth in this
16    subsection (9).
17        (e) For purposes of this subsection (9):
18        "Broadband service", "cable operator", and "holder"
19    have the meanings given to those terms under Section
20    21-201 of the Public Utilities Act.
21        "Community antenna television company" includes, in
22    the case of real estate or rights-of-way in possession of
23    or in control of a railroad, a holder, cable operator, or
24    broadband service provider.
25        (f) Beginning on August 22, 2017 (the effective date
26    of Public Act 100-251), the Transportation Division of the

 

 

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1    Illinois Commerce Commission shall include in its annual
2    Crossing Safety Improvement Program report a brief
3    description of the number of cases decided by the Illinois
4    Commerce Commission and the number of cases that remain
5    pending before the Illinois Commerce Commission under this
6    subsection (9) for the period covered by the report.
7(Source: P.A. 100-251, eff. 8-22-17; 101-81, eff. 7-12-19.)