Rep. Jay Hoffman
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AMENDMENT TO SENATE BILL 2241
AMENDMENT NO. ______. Amend Senate Bill 2241 by replacing
everything after the enacting clause with the following:
LAND MANAGEMENT RIGHT-OF-WAY ACT
This Act may be cited as the
Management Right-of-way Act.
References in this Article to
"this Act" mean this Article.
Any business entity
shall be granted access to build facilities to cross a railroad
right-of-way owned by a land management company and not a
registered rail carrier for the purpose of conveyance of grain,
aggregate, construction materials, and other commodities over,
under, or across that right-of-way. A business entity whose
facilities cross a right-of-way shall pay the land management
company operating the right-of-way a one time standard crossing
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fee of $1,500 for each crossing plus the cost associated with
modifications to existing insurance contracts of the land
management company. The standard crossing fee shall be in lieu
of any license, permit, application, or any other fee or
charges to reimburse the land management company for the direct
expense incurred by the land management company as a result of
the crossing. The business entity shall also reimburse the land
management company or rail carrier for any actual flagging
expenses associated with the crossing in addition to the
standard crossing fee.
The Crossing of Railroad
Right-of-way Act is
amended by changing Sections 5 and 15 as follows:
(220 ILCS 70/5)
As used in this Act, unless the
"Crossing" means the construction, operation, repair, or
maintenance of a
facility over, under, or across a railroad
right-of-way by a utility when the right-of-way is owned by a
land management company and not a registered rail carrier.
"Direct expenses" includes, but is not limited to, any or
all of the
(1) The cost of inspecting and monitoring the crossing
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(2) Administrative and engineering costs for review of
entering a crossing on the
railroad's books, maps, and property records and
reasonable administrative and engineering costs incurred
as a result of the
(3) Document and preparation fees associated with a
crossing, and any
engineering specifications related to
(4) Damages assessed in connection with the rights
granted to a utility with respect to a crossing.
"Facility" means any cable, conduit, wire, pipe, casing
and guys, manhole, or other material or
equipment, that is used by a utility to
furnish any of the
(1) Communications, video, or information services.
(3) Gas by piped system.
(4) Sanitary and storm sewer service.
(5) Water by piped system.
"Land management company" means an entity that is the
owner, manager, or agent of a railroad right-of-way and is not
a registered rail carrier.
"Railroad right-of-way" means one or more of the following:
(1) A right-of-way or other interest in real estate
that is owned or
by a land management company and
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not a registered rail carrier.
(2) Any other interest in a former railroad
right-of-way that has been
acquired or is operated by a
land management company or similar entity.
"Special circumstances" means either or both of the
(1) The characteristics of a segment of a railroad
right-of-way not found in a typical segment of a railroad
right-of-way that enhance the value or increase the damages
or the engineering or construction expenses for the land
management company associated with a proposed crossing, or
to the current or reasonably anticipated use by a land
management company of the railroad right-of-way,
necessitating additional terms and conditions or
compensation associated with a crossing.
(2) Variances from the standard specifications
requested by the land management company.
"Special circumstances" may include, but is not limited to,
the railroad right-of-way segment's relationship to other
property, location in urban or other developed areas, the
existence of unique topography or natural resources, or other
characteristics or dangers inherent in the particular crossing
or segment of the railroad right-of-way.
"Utility" shall include (1) public utilities as defined in
Section 3-105 of the Public Utilities
telecommunications carriers as defined in Section 13-202 of the
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Public Utilities Act, (3) electric cooperatives as defined in
Section 3.4 of the Electric Supplier Act, (4) telephone or
telecommunications cooperatives as defined in Section 13-212
of the Public Utilities Act, (5) rural water or waste water
systems with 10,000 connections or less, (6) a holder as
defined in Section 21-201 of the Public Utilities Act,
municipalities owning or operating utility systems consisting
of public utilities as that term is defined in Section 11-117-2
of the Illinois Municipal Code
, and (8) a cable operator that
is issued a cable television franchise by the municipality or
county pursuant to Section 11-42-11 of the Illinois Municipal
Code or Section 5-1095 of the Counties Code
(Source: P.A. 96-595, eff. 8-18-09.)
(220 ILCS 70/15)
Unless otherwise agreed by the
parties and subject to Section 20, a
utility that locates its
facilities within the railroad right-of-way for a
other than a
crossing along the public roads of the State
pursuant to the Telephone Line
Right of Way
Act, shall pay the
land management company a one-time standard crossing fee of
$1,500 for each
crossing plus the costs associated with
modifications to existing insurance contracts of the utility
and the land management company.
The standard crossing fee
shall be in lieu of any license, permit, application, or any
other fees or
reimburse the land management company
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for the direct expenses incurred by the land management company
result of the
crossing. The utility shall also reimburse
the land management company
or rail carrier
for any actual
expenses associated with a crossing in addition to the
standard crossing fee.
(Source: P.A. 96-595, eff. 8-18-09.)
ARTICLE 99. EFFECTIVE DATE
This Act takes effect upon