State of Illinois
91st General Assembly
Legislation

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91_HB3877

 
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 1        AN  ACT  concerning  railroad  grade  crossings, amending
 2    named Acts.

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

 5        Section 5.  The Motor Fuel Tax Law is amended by changing
 6    Section 8 as follows:

 7        (35 ILCS 505/8) (from Ch. 120, par. 424)
 8        Sec.  8.  Except as provided in Sections 8a and 13a.6 and
 9    items 13, 14, 15, and 16 of Section 15, all money received by
10    the Department under this Act, including payments made to the
11    Department  by  member  jurisdictions  participating  in  the
12    International Fuel Tax Agreement, shall  be  deposited  in  a
13    special fund in the State treasury, to be known as the "Motor
14    Fuel Tax Fund", and shall be used as follows:
15        (a)  2  1/2  cents  per  gallon  of  the tax collected on
16    special fuel under paragraph (b) of Section 2 and Section 13a
17    of this Act shall be transferred to  the  State  Construction
18    Account Fund in the State Treasury;
19        (b)  $420,000  shall  be  transferred  each  month to the
20    State Boating Act Fund  to  be  used  by  the  Department  of
21    Natural  Resources for the purposes specified in Article X of
22    the Boat Registration and Safety Act;
23        (c)  $2,250,000 shall be transferred each  month  to  the
24    Grade  Crossing  Protection  Fund  to be used as follows: not
25    less than $6,000,000 each fiscal year shall be used  for  the
26    construction   or   reconstruction   of  rail  highway  grade
27    separation structures; beginning with fiscal  year  1997  and
28    ending  in  fiscal  year  2003,  $1,500,000,  and $750,000 in
29    fiscal year 2004 and each fiscal  year  thereafter  shall  be
30    transferred  to  the Transportation Regulatory Fund and shall
31    be accounted for as part of the rail carrier portion of  such
 
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 1    funds  and shall be used to pay the cost of administration of
 2    the Illinois Commerce Commission's railroad safety program in
 3    connection with its duties under subsection  (3)  of  Section
 4    18c-7401  of the Illinois Vehicle Code, with the remainder to
 5    be used by the Department of Transportation upon order of the
 6    Illinois Commerce Commission, to pay that part  of  the  cost
 7    apportioned  by  such  Commission  to  the State to cover the
 8    interest of the public in the  use  of  highways,  roads,  or
 9    streets  in  the county highway system, township and district
10    road system or municipal street  system  as  defined  in  the
11    Illinois  Highway  Code, as the same may from time to time be
12    amended,  for  separation  of   grades,   for   installation,
13    construction  or  reconstruction  of  crossing  protection or
14    reconstruction, alteration, relocation including construction
15    or improvement of any existing highway necessary  for  access
16    to  property  or  improvement of any grade crossing including
17    the necessary highway  approaches  thereto  of  any  railroad
18    across  the  highway  or public road, to compensate a highway
19    authority in interest for the  closure  of  a  crossing  that
20    otherwise  would  qualify  for  automatic warning devices, as
21    provided for in and in accordance with  Section  18c-7401  of
22    the  Illinois  Vehicle Code.  In entering orders for projects
23    for which payments from the Grade  Crossing  Protection  Fund
24    will  be  made, the Commission shall account for expenditures
25    authorized by the orders on a cash  rather  than  an  accrual
26    basis.   For  purposes of this requirement an "accrual basis"
27    assumes that the total cost of the project is expended in the
28    fiscal year in which the order  is  entered,  while  a  "cash
29    basis"  allocates  the cost of the project among fiscal years
30    as expenditures are actually made.  To meet the  requirements
31    of  this  subsection,  the Illinois Commerce Commission shall
32    develop annual and 5-year  project  plans  of  rail  crossing
33    capital  improvements  that will be paid for with moneys from
34    the Grade Crossing Protection Fund.  The annual project  plan
 
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 1    shall  identify  projects  for the succeeding fiscal year and
 2    the 5-year project plan shall identify  projects  for  the  5
 3    directly  succeeding  fiscal  years.   The  Commission  shall
 4    submit  the  annual and 5-year project plans for this Fund to
 5    the  Governor,  the  President  of  the  Senate,  the  Senate
 6    Minority Leader, the Speaker of the House of Representatives,
 7    and the Minority Leader of the House  of  Representatives  on
 8    the first Wednesday in April of each year;
 9        (d)  of  the  amount remaining after allocations provided
10    for in subsections (a), (b)  and  (c),  a  sufficient  amount
11    shall be reserved to pay all of the following:
12             (1)  the  costs  of  the  Department  of  Revenue in
13        administering this Act;
14             (2)  the costs of the Department  of  Transportation
15        in  performing its duties imposed by the Illinois Highway
16        Code for supervising the use  of  motor  fuel  tax  funds
17        apportioned   to   municipalities,   counties   and  road
18        districts;
19             (3)  refunds provided for in Section 13 of this  Act
20        and  under  the  terms  of  the  International  Fuel  Tax
21        Agreement referenced in Section 14a;
22             (4)  from  October  1, 1985 until June 30, 1994, the
23        administration of the Vehicle Emissions  Inspection  Law,
24        which   amount   shall   be   certified  monthly  by  the
25        Environmental Protection Agency to the State  Comptroller
26        and   shall   promptly   be   transferred  by  the  State
27        Comptroller and Treasurer from the Motor Fuel Tax Fund to
28        the Vehicle Inspection Fund, and beginning July 1,  1994,
29        and  until  December 31, 2000, one-twelfth of $25,000,000
30        each  month  for  the  administration  of   the   Vehicle
31        Emissions  Inspection  Law  of 1995, to be transferred by
32        the State Comptroller and Treasurer from the  Motor  Fuel
33        Tax Fund into the Vehicle Inspection Fund;
34             (5)  amounts  ordered  paid  by the Court of Claims;
 
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 1        and
 2             (6)  payment of motor fuel use taxes due  to  member
 3        jurisdictions  under  the terms of the International Fuel
 4        Tax  Agreement.   The  Department  shall  certify   these
 5        amounts to the Comptroller by the 15th day of each month;
 6        the  Comptroller  shall cause orders to be drawn for such
 7        amounts, and the Treasurer shall administer those amounts
 8        on or before the last day of each month;
 9        (e)  after allocations for  the  purposes  set  forth  in
10    subsections (a), (b), (c) and (d), the remaining amount shall
11    be apportioned as follows:
12             (1)  Until  January  1,  2000,  58.4%, and beginning
13        January 1, 2000, 45.6% shall be deposited as follows:
14                  (A)  37% into the  State  Construction  Account
15             Fund, and
16                  (B)  63%  into  the  Road  Fund,  $1,250,000 of
17             which  shall  be  reserved  each   month   for   the
18             Department   of   Transportation   to   be  used  in
19             accordance with the  provisions  of  Sections  6-901
20             through 6-906 of the Illinois Highway Code;
21             (2)  Until  January  1,  2000,  41.6%, and beginning
22        January 1,  2000,  54.4%  shall  be  transferred  to  the
23        Department   of   Transportation  to  be  distributed  as
24        follows:
25                  (A)  49.10% to the municipalities of the State,
26                  (B)  16.74% to the counties of the State having
27             1,000,000 or more inhabitants,
28                  (C)  18.27% to the counties of the State having
29             less than 1,000,000 inhabitants,
30                  (D)  15.89% to the road districts of the State.
31        As soon as may be after the first day of each  month  the
32    Department of Transportation shall allot to each municipality
33    its   share   of   the  amount  apportioned  to  the  several
34    municipalities which shall be in proportion to the population
 
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 1    of such municipalities as determined by  the  last  preceding
 2    municipal  census  if  conducted by the Federal Government or
 3    Federal census. If territory is annexed to  any  municipality
 4    subsequent  to  the  time  of  the  last preceding census the
 5    corporate authorities of such municipality may cause a census
 6    to be taken of such annexed territory and the  population  so
 7    ascertained   for  such  territory  shall  be  added  to  the
 8    population of the municipality  as  determined  by  the  last
 9    preceding census for the purpose of determining the allotment
10    for that municipality.  If the population of any municipality
11    was  not  determined by the last Federal census preceding any
12    apportionment, the apportionment to such  municipality  shall
13    be  in accordance with any census taken by such municipality.
14    Any municipal census used in  accordance  with  this  Section
15    shall be certified to the Department of Transportation by the
16    clerk of such municipality, and the accuracy thereof shall be
17    subject  to  approval  of  the Department which may make such
18    corrections as it ascertains to be necessary.
19        As soon as may be after the first day of each  month  the
20    Department  of  Transportation shall allot to each county its
21    share of the amount apportioned to the  several  counties  of
22    the  State  as herein provided. Each allotment to the several
23    counties having less than 1,000,000 inhabitants shall  be  in
24    proportion  to  the  amount  of  motor  vehicle  license fees
25    received from the residents of such  counties,  respectively,
26    during  the  preceding  calendar year. The Secretary of State
27    shall, on or before April 15 of each year,  transmit  to  the
28    Department  of  Transportation  a  full  and  complete report
29    showing the amount of motor  vehicle  license  fees  received
30    from  the  residents of each county, respectively, during the
31    preceding calendar year.  The  Department  of  Transportation
32    shall,  each  month, use for allotment purposes the last such
33    report received from the Secretary of State.
34        As soon as may be after the first day of each month,  the
 
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 1    Department  of  Transportation  shall  allot  to  the several
 2    counties their share of the amount apportioned for the use of
 3    road districts.  The allotment shall be apportioned among the
 4    several counties in the State in  the  proportion  which  the
 5    total mileage of township or district roads in the respective
 6    counties  bears  to  the  total  mileage  of all township and
 7    district roads in the State. Funds allotted to the respective
 8    counties for the use  of  road  districts  therein  shall  be
 9    allocated  to the several road districts in the county in the
10    proportion which  the  total  mileage  of  such  township  or
11    district  roads in the respective road districts bears to the
12    total mileage of all such township or district roads  in  the
13    county.   After  July  1  of any year, no allocation shall be
14    made for any road district unless it levied a  tax  for  road
15    and  bridge  purposes  in  an  amount  which will require the
16    extension of such tax against the  taxable  property  in  any
17    such  road district at a rate of not less than either .08% of
18    the value thereof, based upon the  assessment  for  the  year
19    immediately  prior  to  the year in which such tax was levied
20    and as equalized by the Department of Revenue or,  in  DuPage
21    County,  an  amount equal to or greater than $12,000 per mile
22    of  road  under  the  jurisdiction  of  the  road   district,
23    whichever is less.  If any road district has levied a special
24    tax  for  road purposes pursuant to Sections 6-601, 6-602 and
25    6-603 of the Illinois Highway Code, and such tax  was  levied
26    in  an  amount which would require extension at a rate of not
27    less than .08% of the value of the taxable property  thereof,
28    as equalized or assessed by the Department of Revenue, or, in
29    DuPage County, an amount equal to or greater than $12,000 per
30    mile  of  road  under  the jurisdiction of the road district,
31    whichever is less, such levy  shall,  however,  be  deemed  a
32    proper  compliance  with  this Section and shall qualify such
33    road district for an allotment  under  this  Section.   If  a
34    township  has  transferred  to the road and bridge fund money
 
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 1    which, when added to the amount of any tax levy of  the  road
 2    district  would  be  the  equivalent  of a tax levy requiring
 3    extension at a rate of at least .08%,  or, in DuPage  County,
 4    an  amount  equal to or greater than $12,000 per mile of road
 5    under the jurisdiction of the  road  district,  whichever  is
 6    less,  such  transfer, together with any such tax levy, shall
 7    be deemed a proper compliance with  this  Section  and  shall
 8    qualify  the  road  district  for  an  allotment  under  this
 9    Section.
10        In  counties in which a property tax extension limitation
11    is imposed under the Property Tax Extension  Limitation  Law,
12    road  districts  may retain their entitlement to a motor fuel
13    tax allotment if, at the  time  the  property  tax  extension
14    limitation  was imposed, the road district was levying a road
15    and bridge tax at a rate sufficient to entitle it to a  motor
16    fuel   tax  allotment  and  continues  to  levy  the  maximum
17    allowable amount after the imposition  of  the  property  tax
18    extension   limitation.    Any   road  district  may  in  all
19    circumstances retain its entitlement  to  a  motor  fuel  tax
20    allotment  if  it  levied  a road and bridge tax in an amount
21    that will require  the  extension  of  the  tax  against  the
22    taxable  property  in the road district at a rate of not less
23    than 0.08% of the assessed value of the property, based  upon
24    the assessment for the year immediately preceding the year in
25    which  the  tax was levied and as equalized by the Department
26    of Revenue or, in  DuPage  County,  an  amount  equal  to  or
27    greater  than $12,000 per mile of road under the jurisdiction
28    of the road district, whichever is less.
29        As used in this Section the term  "road  district"  means
30    any  road  district,  including  a county unit road district,
31    provided for by the  Illinois  Highway  Code;  and  the  term
32    "township  or  district  road" means any road in the township
33    and district road system as defined in the  Illinois  Highway
34    Code.  For the purposes of this Section, "road district" also
 
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 1    includes   park  districts,  forest  preserve  districts  and
 2    conservation  districts  organized  under  Illinois  law  and
 3    "township or district road" also includes such roads  as  are
 4    maintained  by  park districts, forest preserve districts and
 5    conservation districts.   The  Department  of  Transportation
 6    shall  determine  the  mileage  of  all township and district
 7    roads for the purposes of making allotments  and  allocations
 8    of motor fuel tax funds for use in road districts.
 9        Payment  of  motor  fuel tax moneys to municipalities and
10    counties  shall  be  made  as  soon  as  possible  after  the
11    allotment is made.  The  treasurer  of  the  municipality  or
12    county may invest these funds until their use is required and
13    the  interest earned by these investments shall be limited to
14    the same uses as the principal funds.
15    (Source: P.A. 90-110, eff.  7-14-97;  90-655,  eff.  7-30-98;
16    90-659, eff. 1-1-99; 90-691, eff. 1-1-99; 91-37, eff. 7-1-99;
17    91-59,  eff.  6-30-99;  91-173,  eff.  1-1-00;  91-357,  eff.
18    7-29-99; revised 8-23-99.)

19        Section  10.   The  Illinois  Vehicle  Code is amended by
20    changing Section 18c-7401 as follows:

21        (625 ILCS 5/18c-7401) (from Ch. 95 1/2, par. 18c-7401)
22        Sec.   18c-7401.    Safety   Requirements   for    Track,
23    Facilities, and Equipment.
24        (1)  General   Requirements.  Each  rail  carrier  shall,
25    consistent with rules, orders, and regulations of the Federal
26    Railroad Administration, construct, maintain, and operate all
27    of its equipment, track, and other property in this State  in
28    such  a  manner  as to pose no undue risk to its employees or
29    the person or property of any member of the public.
30        (2)  Adoption of  Federal  Standards.  The  track  safety
31    standards  and accident/incident standards promulgated by the
32    Federal Railroad Administration shall be safety standards  of
 
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 1    the  Commission.   The  Commission may, in addition, adopt by
 2    reference in its regulations other  federal  railroad  safety
 3    standards,  whether  contained  in  federal  statutes  or  in
 4    regulations adopted pursuant to such statutes.
 5        (3)  Railroad  Crossings.  No  public  road,  highway, or
 6    street shall hereafter be constructed across the track of any
 7    rail carrier at grade,  nor  shall  the  track  of  any  rail
 8    carrier  be  constructed  across  a  public  road, highway or
 9    street at grade, without having first secured the  permission
10    of  the  Commission;  provided,  that  this Section shall not
11    apply to the replacement of lawfully existing roads, highways
12    and tracks.  The Commission shall permit the construction  of
13    a  public road, highway, or street across the track of a rail
14    carrier (i) if, in its opinion, the public safety and  public
15    convenience  justify  the  grade  crossing  and  (ii)  upon a
16    determination that a grade  separation  structure  is  not  a
17    viable  alternative  due  to  lack  of funding or engineering
18    constraints or both.  The Commission shall have the right  to
19    refuse  its  permission  or  to  grant it upon such terms and
20    conditions as it may prescribe.  The  Commission  shall  have
21    power  to  determine  and prescribe the manner, including the
22    particular point of crossing, and the terms of  installation,
23    operation,  maintenance,  use  and  protection  of  each such
24    crossing.
25        The Commission shall also have power, after a hearing, to
26    require major alteration  of  or  to  abolish  any  crossing,
27    heretofore or hereafter established, when in its opinion, the
28    public  safety  requires  such  alteration or abolition, and,
29    except  in  cities,  villages  and  incorporated   towns   of
30    1,000,000  or more inhabitants, to vacate and close that part
31    of the highway on such  crossing  altered  or  abolished  and
32    cause  barricades  to  be erected across such highway in such
33    manner as to prevent the use of such crossing as  a  highway,
34    when,   in   the   opinion  of  the  Commission,  the  public
 
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 1    convenience served by the crossing in question is not such as
 2    to justify the further retention thereof;  or  to  require  a
 3    separation  of  grades,  at  such  crossings; or to require a
 4    separation  of  grades  at  any  proposed  crossing  where  a
 5    proposed public highway may cross  the  tracks  of  any  rail
 6    carrier or carriers; and to prescribe, after a hearing of the
 7    parties,  the terms upon which such separations shall be made
 8    and the proportion in which the expense of the alteration  or
 9    abolition of such crossings or the separation of such grades,
10    having  regard  to the benefits, if any, accruing to the rail
11    carrier or any party in interest, shall  be  divided  between
12    the  rail  carrier  or  carriers  affected,  or  between such
13    carrier or carriers and the State,  county,  municipality  or
14    other  public  authority  in  interest.    However,  a public
15    hearing by the Commission to abolish a crossing shall not  be
16    required  when  the  public  highway  authority  in  interest
17    vacates  the  highway.   In  such  instance the rail carrier,
18    following notification to  the  Commission  and  the  highway
19    authority,  shall  remove  any grade crossing warning devices
20    and the grade crossing surface.  The Commission shall attempt
21    to  reduce  the  number  of  public   grade   crossings,   as
22    recommended by the Federal Railroad Administration.
23        The  Commission  shall  also  have  power by its order to
24    require   the   reconstruction,   minor   alteration,   minor
25    relocation or improvement  of  any  crossing  (including  the
26    necessary  highway approaches thereto) of any railroad across
27    any highway or public road, whether such crossing be at grade
28    or  by  overhead  structure  or  by  subway,   whenever   the
29    Commission  finds  after  a  hearing  or without a hearing as
30    otherwise   provided   in   this    paragraph    that    such
31    reconstruction,  alteration,  relocation  or  improvement  is
32    necessary to preserve or promote the safety or convenience of
33    the  public  or  of  the employees or passengers of such rail
34    carrier or carriers.  By its original order  or  supplemental
 
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 1    orders   in   such  case,  the  Commission  may  direct  such
 2    reconstruction, alteration, relocation, or improvement to  be
 3    made in such manner and upon such terms and conditions as may
 4    be  reasonable  and  necessary  and may apportion the cost of
 5    such reconstruction, alteration,  relocation  or  improvement
 6    and  the subsequent maintenance thereof, having regard to the
 7    benefits, if any, accruing to the railroad or  any  party  in
 8    interest,  between  the  rail  carrier or carriers and public
 9    utilities affected, or between such carrier or  carriers  and
10    public utilities and the State, county, municipality or other
11    public  authority in interest.  The cost to be so apportioned
12    shall include the cost  of  changes  or  alterations  in  the
13    equipment of public utilities affected as well as the cost of
14    the  relocation,  diversion  or  establishment  of any public
15    highway, made necessary by such  reconstruction,  alteration,
16    relocation  or improvement of said crossing.  A hearing shall
17    not be required in those instances when the Commission enters
18    an order  confirming  a  written  stipulation  in  which  the
19    Commission,  the  public  highway  authority in interest, the
20    rail carrier or carriers affected, and in instances involving
21    the use of the Grade Crossing Protection Fund,  the  Illinois
22    Department  of  Transportation,  agree on the reconstruction,
23    alteration, relocation, or  improvement  and  the  subsequent
24    maintenance thereof and the division of costs of such changes
25    of  any  grade  crossing  (including  the  necessary  highway
26    approaches thereto) of any railroad across any highway.
27        Every  rail  carrier  operating  in the State of Illinois
28    shall construct and maintain every highway crossing over  its
29    tracks   within   the  State  so  that  the  roadway  at  the
30    intersection  shall  be  as   flush   with   the   rails   as
31    superelevated   curves  will  allow,  and,  unless  otherwise
32    ordered by the Commission, shall construct and  maintain  the
33    approaches  thereto at a grade of not more than 5% within the
34    right of way for a distance of not less the 6  feet  on  each
 
                            -12-               LRB9110507DHsb
 1    side  of  the  centerline  of such tracks; provided, that the
 2    grades at the approaches may be maintained in  excess  of  5%
 3    only when authorized by the Commission.
 4        Every  rail  carrier  operating  within  this State shall
 5    remove from its right of way at all  grade  crossings  within
 6    the  State, such brush, shrubbery, and trees as is reasonably
 7    practical for a distance of not less than 500 feet in  either
 8    direction from each grade crossing. The Commission shall have
 9    power,  upon  its  own  motion,  or upon complaint, and after
10    having made proper investigation, to require the installation
11    of  adequate  and  appropriate  luminous  reflective  warning
12    signs, luminous flashing signals, crossing gates  illuminated
13    at night, or other protective devices in order to promote and
14    safeguard  the  health  and  safety  of  the public. Luminous
15    flashing signal or crossing gate devices installed  at  grade
16    crossings,  which have been approved by the Commission, shall
17    be deemed adequate and appropriate. The Commission shall have
18    authority to determine the number, type, and location of such
19    signs, signals, gates, or  other  protective  devices  which,
20    however,  shall  conform  as  near  as  may be with generally
21    recognized national standards, and the Commission shall  have
22    authority  to  prescribe  the  division  of  the  cost of the
23    installation  and  subsequent  maintenance  of  such   signs,
24    signals,  gates, or other protective devices between the rail
25    carrier  or  carriers,  the  public  highway   authority   in
26    interest,  and  in  instances  involving the use of the Grade
27    Crossing  Protection  Fund,  the   Illinois   Department   of
28    Transportation.
29        No  railroad  may  change  or  modify  the warning device
30    system  at  a  railroad-highway  grade  crossing,   including
31    warning  systems  interconnected with highway traffic control
32    signals, without having first received the  approval  of  the
33    Commission.   The  Commission  shall  have the further power,
34    upon application, upon its own motion, or upon complaint  and
 
                            -13-               LRB9110507DHsb
 1    after  having  made  proper  investigation,  to  require  the
 2    interconnection   of  grade  crossing  warning  devices  with
 3    traffic control signals at highway intersections  located  at
 4    or  near railroad crossings within the distances described by
 5    the State Manual on Uniform Traffic Control  Devices  adopted
 6    pursuant  to Section 11-301 of this Code.  In addition, State
 7    and local authorities may not install, remove, modernize,  or
 8    otherwise   modify  traffic  control  signals  at  a  highway
 9    intersection  that  is  interconnected  or  proposed  to   be
10    interconnected  with  grade crossing warning devices when the
11    change affects the  number,  type,  or  location  of  traffic
12    control  devices  on  the  track  approach leg or legs of the
13    intersection  or  the  timing  of  the  railroad   preemption
14    sequence  of  operation until the Commission has approved the
15    installation,  removal,   modernization,   or   modification.
16    Commission  approval  shall  be  limited  to consideration of
17    issues  directly  affecting  the   public   safety   at   the
18    railroad-highway  grade  crossing.   The  electrical  circuit
19    devices,  alternate warning devices, and preemption sequences
20    shall  conform  as  nearly  as  possible,   considering   the
21    particular  characteristics  of the crossing and intersection
22    area, to the State manual adopted by the Illinois  Department
23    of Transportation pursuant to Section 11-301 of this Code and
24    such  federal  standards as are made applicable by subsection
25    (2) of this Section.  In order to carry out  this  authority,
26    the  Commission  shall  have  the  authority to determine the
27    number, type, and location of traffic control devices on  the
28    track approach leg or legs of the intersection and the timing
29    of  the  railroad  preemption   sequence  of  operation.  The
30    Commission   shall   prescribe  the  division  of  costs  for
31    installation and maintenance of all devices required by  this
32    paragraph  between  the railroad or railroads and the highway
33    authority in interest and in instances involving the  use  of
34    the  Grade  Crossing  Protection Fund or a State highway, the
 
                            -14-               LRB9110507DHsb
 1    Illinois Department of Transportation.
 2        Any person who unlawfully or maliciously removes,  throws
 3    down,  damages  or  defaces  any  sign, signal, gate or other
 4    protective device,  located  at  or  near  any  public  grade
 5    crossing,  shall  be  guilty of a petty offense and fined not
 6    less than $50 nor  more  than  $200  for  each  offense.   In
 7    addition to fines levied under the provisions of this Section
 8    a  person  adjudged  guilty hereunder may also be directed to
 9    make restitution for the costs of repair or  replacement,  or
10    both, necessitated by his misconduct.
11        It  is  the  public  policy  of  the State of Illinois to
12    enhance public safety by establishing safe  grade  crossings.
13    In  order  to  implement  this  policy, the Illinois Commerce
14    Commission is directed to  conduct  public  hearings  and  to
15    adopt  specific  criteria  by  July  1,  1994,  that shall be
16    adhered to by the Illinois Commerce Commission in determining
17    if a grade crossing  should  be  opened  or  abolished.   The
18    following   factors  shall  be  considered  by  the  Illinois
19    Commerce Commission in developing the specific  criteria  for
20    opening and abolishing grade crossings:
21             (a)  timetable speed of passenger trains;
22             (b)  distance to an alternate crossing;
23             (c)  accident history for the last 5 years;
24             (d)  number  of  vehicular  traffic and posted speed
25        limits;
26             (e)  number of freight trains  and  their  timetable
27        speeds;
28             (f)  the type of warning device present at the grade
29        crossing;
30             (g)  alignments of the roadway and railroad, and the
31        angle of intersection of those alignments;
32             (h)  use  of  the  grade crossing by trucks carrying
33        hazardous materials,  vehicles  carrying  passengers  for
34        hire, and school buses; and
 
                            -15-               LRB9110507DHsb
 1             (i)  use   of   the   grade  crossing  by  emergency
 2        vehicles.
 3        The Illinois Commerce Commission, upon petition  to  open
 4    or  abolish a grade crossing, shall enter an order opening or
 5    abolishing the crossing if it  meets  the  specific  criteria
 6    adopted by the Commission.
 7        Except  as  otherwise provided in this subsection (3), in
 8    no instance shall a  grade  crossing  be  permanently  closed
 9    without  public  hearing  first being held and notice of such
10    hearing being published in an area newspaper of local general
11    circulation.
12        (4)  Freight   Trains   -   Radio   Communications.   The
13    Commission shall after hearing and order require  that  every
14    main  line  railroad  freight  train operating on main tracks
15    outside of yard limits within this State  shall  be  equipped
16    with  a  radio  communication  system.   The Commission after
17    notice and hearing may grant exemptions from the requirements
18    of this Section as to secondary and branch lines.
19        (5)  Railroad  Bridges  and  Trestles   -   Walkway   and
20    Handrail.  In cases in which the Commission finds the same to
21    be practical and necessary for safety of railroad  employees,
22    bridges and trestles, over and upon which railroad trains are
23    operated,  shall  include  as  a  part  thereof,  a  safe and
24    suitable walkway and handrail on one side only of such bridge
25    or trestle, and such handrail shall be located at  the  outer
26    edge of the walkway and shall provide a clearance of not less
27    than  8  feet,  6 inches, from the center line of the nearest
28    track, measured at right angles thereto.
29        (6)  Packages  Containing  Articles  for  First  Aid   to
30    Injured  on Trains. All rail carriers shall provide a package
31    containing the articles prescribed by the Commission, on each
32    train or engine, for first aid to persons who may be  injured
33    in the course of the operation of such trains.
34        (7)  Abandoned  Bridges, Crossings, and Other Rail Plant.
 
                            -16-               LRB9110507DHsb
 1    The  Commission  shall  have  authority,  after  notice   and
 2    hearing, to order:
 3             (a)  The  removal  of  any abandoned railroad tracks
 4        from roads, streets or other thoroughfares in this State;
 5        and
 6             (b)  The  removal  of  abandoned  overhead  railroad
 7        structures crossing highways, waterways, or railroads.
 8        The Commission may equitably apportion the cost  of  such
 9    actions   between   the  rail  carrier  or  carriers,  public
10    utilities, and the  State,  county,  municipality,  township,
11    road district, or other public authority in interest.
12        (8)  Railroad-Highway   Bridge   Clearance.   A  vertical
13    clearance of not less than 23 feet  above  the  top  of  rail
14    shall  be  provided  for  all  new  or  reconstructed highway
15    bridges constructed over a railroad  track.   The  Commission
16    may  permit  a  lesser clearance if it determines that the 23
17    foot  clearance  standard  cannot  be  justified   based   on
18    engineering, operational, and economic conditions.
19    (Source: P.A. 89-699, eff. 1-16-97; 90-691, eff. 1-1-99.)

20        Section  99.  Effective date.  This Act takes effect upon
21    becoming law.

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