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| Public Act 100-0251 | ||||
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Counties Code is amended by changing Section | ||||
5-1096 as follows:
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(55 ILCS 5/5-1096) (from Ch. 34, par. 5-1096)
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Sec. 5-1096. Community antenna television systems; | ||||
interference with
and payment for access. | ||||
(a) In any instance in which a county has granted
a | ||||
franchise to any community antenna television company to | ||||
construct,
operate or maintain a cable television system within | ||||
a designated franchise
area, no property owner, condominium | ||||
association, managing agent, lessee or
other person in | ||||
possession or control of any residential building located
| ||||
within such designated franchise area shall forbid or prevent | ||||
any occupant,
tenant or lessee of any such building from | ||||
receiving cable television
service from such franchisee, nor | ||||
demand or accept payment from any such
occupant, tenant or | ||||
lessee in any form as a condition of permitting the
| ||||
installation of cable television facilities or the maintenance | ||||
of cable
television service in any such building or any portion | ||||
thereof occupied or
leased by such occupant, tenant or lessee, | ||||
nor shall any such property
owner, condominium association, | ||||
managing agent, lessee or other person
discriminate in rental | ||
charges or otherwise against any occupant, tenant or
lessee | ||
receiving cable service; provided, however, that the owner of | ||
such
building may require, in exchange and as compensation for | ||
permitting the
installation of cable television facilities | ||
within and upon such building,
the payment of just compensation | ||
to be paid by the cable television
franchisee which provides | ||
such cable television service, said sum to be
determined in | ||
accordance with the provisions of subparagraphs (c) and (d)
| ||
hereof, and provided further that the cable television | ||
franchisee
installing such cable television facilities shall | ||
agree to indemnify the
owner of such building for any damage | ||
caused by the installation, operation
or removal of such cable | ||
television facilities and service.
| ||
No community antenna television company shall install | ||
cable television
facilities within a residential building | ||
pursuant to this subparagraph (a)
unless an occupant, tenant or | ||
lessee of such residential building requests
the delivery of | ||
cable television services.
| ||
(b) In any instance in which a county has granted a | ||
franchise to any
community antenna television company to | ||
construct, operate or maintain a
cable television system within | ||
a designated franchise area, no property
owner, condominium | ||
association, managing agent, lessee or other person in
| ||
possession and control of any improved or unimproved real | ||
estate located
within such designated franchise area shall | ||
forbid or prevent such cable
television franchisee from | ||
entering upon such real estate for the purpose
of and in | ||
connection with the construction or installation of such cable
| ||
television system and cable television facilities, nor shall | ||
any such
property owner, condominium association, managing | ||
agent, lessee or other
person in possession or control of such | ||
real estate forbid or prevent such
cable television franchisee | ||
from constructing or installing upon, beneath
or over such real | ||
estate, including any buildings or other structures
located | ||
thereon, hardware, cable, equipment, materials or other cable
| ||
television facilities utilized by such cable franchisee in the | ||
construction
and installation of such cable television system; | ||
provided, however, that
the owner of any such real estate may | ||
require, in exchange and as
compensation for permitting the | ||
construction or installation of cable
television facilities | ||
upon, beneath or over such real estate, the payment
of just | ||
compensation by the cable television franchisee which provides | ||
such
cable television service, said sum to be determined in | ||
accordance with the
provisions of subparagraphs (c) and (d) | ||
hereof, and provided further that
the cable television | ||
franchisee constructing or installing such cable
television | ||
facilities shall agree to indemnify the owner of such real
| ||
estate for any damage caused by the installation, operation or | ||
removal of
such cable television facilities and service.
| ||
(c) In any instance in which the owner of a residential | ||
building or the
owner of improved or unimproved real estate | ||
intends to require the payment of
just compensation in excess | ||
of $1 in exchange for permitting the installation
of cable | ||
television facilities in and upon such building, or upon, | ||
beneath
or over such real estate, the owner shall serve written | ||
notice thereof upon
the cable television franchisee. Any such | ||
notice shall be served within
20 days of the date on which such | ||
owner is notified of the cable television
franchisee's | ||
intention to construct or install cable television facilities
| ||
in and upon such building, or upon, beneath or over such real | ||
estate. Unless
timely notice as herein provided is given by the | ||
owner to the cable television
franchisee, it will be | ||
conclusively presumed that the owner of any such
building or | ||
real estate does not claim or intend to require a payment of
| ||
more than $1 in exchange and as just compensation for | ||
permitting the
installation of cable television facilities | ||
within and upon such building,
or upon, beneath or over such | ||
real estate. In any instance in which a cable
television | ||
franchisee intends to install cable television facilities as
| ||
herein provided, written notice of such intention shall be sent | ||
by the
cable television franchisee to the property owner or to | ||
such person,
association or managing agent as shall have been | ||
appointed or otherwise
designated to manage or operate the | ||
property. Such notice shall include
the address of the | ||
property, the name of the cable television franchisee,
and | ||
information as to the time within which the owner may give | ||
notice,
demand payment as just compensation and initiate legal | ||
proceedings as
provided in this subparagraph (c) and | ||
subparagraph (d).
In any instance in which a community antenna | ||
television company intends to
install
cable television | ||
facilities within a residential building containing 12 or more
| ||
residential units or upon, beneath, or over real estate that is | ||
used as a site
for 12 or
more manufactured housing units,
12 or | ||
more mobile homes,
or a combination of 12 or more
manufactured | ||
housing units and mobile homes, the written notice shall | ||
further
provide that
the
property owner may require that the | ||
community antenna television company submit
to the owner | ||
written plans identifying the manner in which cable television
| ||
facilities
are to be installed, including the proposed location | ||
of coaxial cable.
Approval
of
those plans by the property owner | ||
shall not be unreasonably withheld and the
owners' consent to | ||
and approval of those plans shall be presumed unless, within
30
| ||
days after receipt thereof, or in the case of a condominium | ||
association, 90
days
after receipt thereof, the property owner | ||
identifies in writing the specific
manner in
which those plans | ||
deviate from generally accepted construction or safety
| ||
standards,
and unless the property owner contemporaneously | ||
submits an alternative
construction plan providing for the | ||
installation of cable television facilities
in an
economically | ||
feasible manner. The community antenna television company may
| ||
proceed with the plans originally submitted if an alternative | ||
plan is not
submitted by
the property owner within 30 days, or | ||
in the case of a condominium association,
90
days, or if an | ||
alternative plan submitted by the property owner fails to | ||
comply
with
generally accepted construction and safety | ||
standards or does not provide for
the installation of cable | ||
television facilities in an economically feasible
manner.
For | ||
purposes of this subsection, "mobile home" and "manufactured | ||
housing unit"
have
the same meaning as in the Illinois | ||
Manufactured Housing and Mobile Home Safety
Act.
| ||
(d) Any owner of a residential building described in | ||
subparagraph (a),
and any owner of improved or unimproved real | ||
estate described in subparagraph
(b), who shall have given | ||
timely written notice to the cable television
franchisee as | ||
provided in subparagraph (c), may assert a claim for just
| ||
compensation in excess of $1 for permitting the installation of | ||
cable
television facilities within and upon such building, or | ||
upon, beneath or
over such real estate. Within 30 days after | ||
notice has been given in
accordance with subparagraph (c), the | ||
owner shall advise the cable
television franchisee in writing | ||
of the amount claimed as just compensation.
If within
60 days | ||
after the receipt of the owner's claim, the cable television | ||
franchisee
has not agreed to pay the amount claimed or some | ||
other amount acceptable
to the owner, the owner may bring suit | ||
to enforce such claim for just
compensation in any court of | ||
competent jurisdiction and, upon timely demand,
may require | ||
that the amount of just compensation be determined by a jury.
| ||
Any such action shall be commenced within 6 months of the | ||
notice given by
the cable television franchisee pursuant to | ||
subparagraph (c) hereof. In
any action brought to determine | ||
such amount, the owner may submit evidence
of a decrease in the | ||
fair market value of the property occasioned by the
| ||
installation or location of the cable on the property, that the
| ||
owner has a specific alternative use for the space occupied by | ||
cable television
facilities, the loss of which will result in a | ||
monetary loss to the owner,
or that installation of cable | ||
television facilities within and upon such
building or upon, | ||
beneath or over such real estate otherwise substantially
| ||
interferes with the use and occupancy of such building to an | ||
extent which
causes a decrease in the fair market value of such | ||
building or real estate.
| ||
(e) Neither the giving of a notice by the owner under | ||
subparagraph (c),
nor the assertion of a specific claim, nor | ||
the initiation of legal action
to enforce such claim, as | ||
provided under subparagraph (d), shall delay or
impair the | ||
right of the cable television franchisee to construct or | ||
install
cable television facilities and maintain cable | ||
television services within
or upon any building described in | ||
subparagraph (a) or upon, beneath or over
real estate described | ||
in subparagraph (b).
| ||
(f) Notwithstanding the foregoing, no community antenna | ||
television company
shall enter upon any real estate or rights | ||
of way in the possession or control
of any public utility, | ||
railroad or owner or operator of an oil, petroleum
product, | ||
chemical or gas pipeline to install or remove cable television
| ||
facilities or to provide underground maintenance or repair | ||
services with
respect thereto, prior to delivery to the public | ||
utility, railroad or pipeline
owner or operator of written | ||
notice of intent to enter, install, maintain,
or remove. For | ||
the purposes of this subsection (f), and only in the case of | ||
real estate or rights-of-way in possession of or in control of | ||
a railroad, the right to enter upon includes the installation, | ||
construction, operation, repair, maintenance, or removal of | ||
wire, cable, fiber, conduit, or related facilities that are at, | ||
above, or below grade and that cross the real estate or | ||
rights-of-way in a manner that runs generally perpendicular to | ||
the railroad tracks or railroad right-of-way. For the purposes | ||
of this subsection (f), and only in the case of real estate or | ||
rights-of-way in possession of or in the control of a railroad, | ||
the right to enter upon does not apply to wire, cable, fiber, | ||
conduit, or related facilities that run along, within, and | ||
generally parallel to, but do not cross, the railroad tracks or | ||
railroad right-of-way. No entry shall be made until at least 30 | ||
15 business days after
receipt of such written notice. Such | ||
written notice, which shall be delivered
to the registered | ||
agent of such public utility, railroad or pipeline owner
or | ||
operator shall include the following information:
| ||
(i) The date of the proposed installation, | ||
maintenance, repair,
or removal and projected length of | ||
time required to complete such installation,
maintenance, | ||
repair or removal;
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(ii) The manner and method of, and the detailed design | ||
and construction plans that conform to the applicable | ||
published and publicly available American Railway | ||
Engineering and Maintenance-of-Way Association standards | ||
and the published and publicly available standards for the | ||
appropriate railroad for, such installation, maintenance, | ||
repair, or
removal;
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(iii) The location of the proposed entry and path of | ||
cable television
facilities proposed to be placed, | ||
repaired, maintained or removed upon the
real estate or | ||
right of way; and
| ||
(iv) The written agreement of the community antenna | ||
television company
to indemnify and hold harmless such | ||
public utility, railroad or pipeline
owner or operator from | ||
the costs of any damages directly or indirectly
caused by | ||
the installation, maintenance, repair, operation, or | ||
removal of
cable television facilities. Upon request of the | ||
public utility, railroad,
or owner or operator of an oil, | ||
petroleum product, chemical or gas
pipeline, the community | ||
antenna television company shall provide proof that
it has | ||
purchased and will maintain a policy or policies of | ||
insurance in
amounts sufficient to provide coverage for | ||
personal injury and property
damage losses caused by or | ||
resulting from the installation, maintenance,
repair, or | ||
removal of cable television facilities. The written | ||
agreement
shall provide that the community antenna | ||
television company shall maintain
such policies of | ||
insurance in full force and effect as long as cable
| ||
television facilities remain on the real estate or right of | ||
way; and . | ||
(v) A statement, based upon information available to | ||
the community antenna
television company, confirming that | ||
the proposed installation,
maintenance, repair, or removal | ||
does not create a dangerous condition or threaten
public or | ||
employee safety and will not adversely impact railroad | ||
operations or disrupt vital
transportation services.
| ||
For purposes of this subsection (f), "community antenna | ||
television company" includes, in the case of real estate or | ||
rights-of-way in possession of or in control of a railroad, a | ||
holder, cable operator, or broadband service provider, as those | ||
terms are defined in Section 21-201 of the Public Utilities | ||
Act. | ||
Within 30 15 business days of receipt of the written prior | ||
notice of entry
the public utility, railroad or pipeline owner | ||
or operator shall investigate
and determine whether or not the | ||
proposed entry and installation or repair,
maintenance, or | ||
removal would create a dangerous condition threatening the
| ||
safety of the public or the safety of its employees or | ||
threatening to cause
an interruption of the furnishing of vital | ||
transportation, utility or pipeline
services and upon so | ||
finding shall so notify the community antenna television
| ||
company of such decision in writing. Initial determination of | ||
the existence
of such a dangerous condition or interruption of | ||
services shall be made
by the public utility, railroad or | ||
pipeline owner or operator whose real
estate or right of way is | ||
involved. In the event that the community antenna
television | ||
company disagrees with such determination, a determination of
| ||
whether such entry and installation, maintenance, repair, or | ||
removal would
create such a dangerous condition or interrupt | ||
services shall, upon the application of the community antenna | ||
television company, be made by the Illinois Commerce Commission | ||
Transportation Division in accordance with the Commission's | ||
Rail Safety Program
a court of competent jurisdiction upon the | ||
application of such community
antenna television company. An | ||
initial written determination of a public
utility, railroad, or | ||
pipeline owner or operator timely made and transmitted
to the | ||
community antenna television company, in the absence of a | ||
determination
by a court of competent jurisdiction or an | ||
Illinois Commerce Commission Transportation Division finding | ||
to the contrary, bars the entry of
the community antenna | ||
television company upon the real estate or right of
way for any | ||
purpose.
| ||
Any public utility, railroad or pipeline owner or operator | ||
may assert
a written claim against any community antenna | ||
television company for just
compensation within 30 days after | ||
written notice has been given in accordance
with this | ||
subparagraph (f). If, within 60 days after the receipt of such
| ||
claim for compensation, the community antenna television | ||
company has not
agreed to the amount claimed or some other | ||
amount acceptable to the public
utility, railroad or pipeline | ||
owner or operator, the public utility, railroad
or pipeline | ||
owner or operator may bring suit to enforce such claim for just
| ||
compensation in any court of competent jurisdiction and, upon | ||
timely demand,
may require that the amount of just compensation | ||
be determined by a jury.
Any such action shall be commenced | ||
within 6 months of the notice provided
for in this subparagraph | ||
(f). In any action brought to determine such just
compensation, | ||
the public utility, railroad or pipeline owner or operator
may | ||
submit such evidence as may be relevant to the issue of just | ||
compensation.
Neither the assertion of a claim for compensation | ||
nor the initiation of
legal action to enforce such claim shall | ||
delay or impair the right of the
community antenna television | ||
company to construct or install cable television
facilities | ||
upon any real estate or rights of way of any public utility,
| ||
railroad or pipeline owner or operator.
| ||
To the extent that the public utility, railroad, or owner | ||
or operator
of an oil, petroleum product, chemical or gas | ||
pipeline deems it appropriate
to supervise, monitor or | ||
otherwise assist the community antenna television
company in | ||
connection with the installation, maintenance, repair, or | ||
removal
of cable television facilities upon such real estate or | ||
rights of way, the
community antenna television company shall | ||
reimburse the public utility,
railroad or owner or operator of | ||
an oil, petroleum product, chemical or gas
pipeline for costs | ||
reasonable and actually incurred in connection therewith.
| ||
The provisions of this subparagraph (f) shall not be | ||
applicable to any
easements, rights of way or ways for public | ||
service facilities in which
public utilities, other than | ||
railroads, have any interest pursuant to "an
Act to revise the | ||
law in relation to plats" approved March 21, 1874, and
all | ||
ordinances enacted pursuant thereto. Such easements, rights of | ||
way
and ways for public service facilities are hereby declared | ||
to be apportionable
and upon written request by a community | ||
antenna television company, public
utilities shall make such | ||
easements, rights of way and ways for public service
facilities | ||
available for the construction, maintenance, repair or removal | ||
of
cable television facilities provided that such | ||
construction, maintenance,
repair or removal does not create a | ||
dangerous condition threatening the safety
of the public or the | ||
safety of such public utility employees or threatening
to cause | ||
an interruption of the furnishing of vital utility service. | ||
Initial
determination of the existence of such a dangerous | ||
condition or interruption
of services shall be made by the | ||
public utility whose easement, right of
way or way for public | ||
service facility is involved. In the event the community
| ||
antenna television company disagrees with such determination, | ||
a determination
of whether such construction, maintenance, | ||
repair or removal would create
such a dangerous condition or | ||
threaten to interrupt vital utility services,
shall be made by | ||
a court of competent jurisdiction upon the application
of such | ||
community antenna television company.
| ||
If a county notifies or a county requires a developer to | ||
notify a public
utility
before or after issuing a permit or | ||
other authorization for the construction of
residential
| ||
buildings, then the county or developer shall, at the same | ||
time, similarly
notify any
community antenna television system | ||
franchised by or within that county.
| ||
In addition to such other notices as may be required by | ||
this subparagraph
(f), a community antenna television company | ||
shall not enter upon the real
estate or rights of way of any | ||
public utility, railroad or pipeline owner
or operator for the | ||
purposes of above-ground maintenance or repair of its
| ||
television cable facilities without giving 96 hours prior | ||
written notice
to the registered agent of the public utility, | ||
railroad or pipeline owner
or operator involved, or in the case | ||
of a public utility, notice may be
given through the statewide | ||
one-call notice system provided for by General
Order of the | ||
Illinois Commerce Commission or, if in Chicago, through the
| ||
system known as the Chicago Utility Alert Network.
| ||
(Source: P.A. 93-219, eff. 1-1-04.)
| ||
Section 10. The Illinois Municipal Code is amended by | ||
changing Section 11-42-11.1 as follows:
| ||
(65 ILCS 5/11-42-11.1) (from Ch. 24, par. 11-42-11.1)
| ||
Sec. 11-42-11.1.
(a) In any instance in which a | ||
municipality has (i)
granted a franchise to any community | ||
antenna television company or (ii)
decided for the municipality | ||
itself to construct, operate or maintain a
cable television | ||
system within a designated area, no property owner,
condominium | ||
association, managing agent, lessee or other person in
| ||
possession or control of any residential building located | ||
within the
designated area shall forbid or prevent any | ||
occupant, tenant or lessee of
any such building from receiving | ||
cable television service from such
franchisee or municipality, | ||
nor demand or accept payment from any such
occupant, tenant or | ||
lessee in any form as a condition of permitting the
| ||
installation of cable television facilities or the maintenance | ||
of cable
television service in any such building or any portion | ||
thereof occupied or
leased by such occupant, tenant or lessee, | ||
nor shall any such property
owner, condominium association, | ||
managing agent, lessee or other person
discriminate in rental | ||
charges or otherwise against any occupant, tenant or
lessee | ||
receiving cable service; provided, however, that the owner of | ||
such
building may require, in exchange and as compensation for | ||
permitting the
installation of cable television facilities | ||
within and upon such building,
the payment of just compensation | ||
by the cable television franchisee which
provides such cable | ||
television service, said sum to be determined in
accordance | ||
with the provisions of subparagraphs (c) and (d) hereof, and
| ||
provided further that the cable television franchisee | ||
installing such cable
television facilities shall agree to | ||
indemnify the owner of such building
for any damage caused by | ||
the installation, operation or removal of such
cable television | ||
facilities and service.
| ||
No community antenna television company shall install | ||
cable television
facilities within a residential building | ||
pursuant to this subparagraph (a)
unless an occupant, tenant or | ||
lessee of such residential building requests
the delivery of | ||
cable television services.
In any instance in which a request | ||
for service is made by more than 3
occupants, tenants or | ||
lessees of a residential building, the community
antenna | ||
television company may install cable television facilities
| ||
throughout the building in a manner which enables the community | ||
antenna
television company to provide cable television | ||
services to occupants,
tenants or lessees of other residential | ||
units without requiring the
installation of additional cable | ||
television facilities other than within
the residential units | ||
occupied by such other occupants, tenants or lessees.
| ||
(b) In any instance in which a municipality has (i) granted | ||
a franchise
to any community antenna television company or (ii) | ||
decided for the
municipality itself to construct, operate or | ||
maintain a cable television
system within a designated area, no | ||
property owner, condominium
association, managing agent, | ||
lessee or other person in possession and
control of any | ||
improved or unimproved real estate located within such
| ||
designated area shall forbid or prevent such cable television | ||
franchisee or
municipality from entering upon such real estate | ||
for the purpose of and in
connection with the construction or | ||
installation of such cable television
system and cable | ||
television facilities, nor shall any such property owner,
| ||
condominium association, managing agent, lessee or other | ||
person in
possession or control of such real estate forbid or | ||
prevent such cable
television franchisee or municipality from | ||
constructing or installing upon,
beneath or over such real | ||
estate, including any buildings or other
structures located | ||
thereon, hardware, cable, equipment, materials or other
cable | ||
television facilities utilized by such cable franchisee
or | ||
municipality in the construction and installation of such cable
| ||
television system; provided, however, that the owner of any | ||
such real
estate may require, in exchange and as compensation | ||
for permitting the
construction or installation of cable | ||
television facilities upon, beneath
or over such real estate, | ||
the payment of just compensation by the cable
television | ||
franchisee which provides such cable television service, said
| ||
sum to be determined in accordance with the provisions of | ||
subparagraphs (c)
and (d) hereof, and provided further that the | ||
cable television franchisee
constructing or installing such | ||
cable television facilities shall agree to
indemnify the owner | ||
of such real estate for any damage caused by the
installation, | ||
operation or removal of such cable television facilities
and | ||
service.
| ||
(c) In any instance in which the owner of a residential | ||
building or the
owner of improved or unimproved real estate | ||
intends to require the payment of
just compensation in excess | ||
of $1 in exchange for permitting the installation
of cable | ||
television facilities in and upon such building, or upon, | ||
beneath
or over such real estate, the owner shall serve written | ||
notice thereof upon
the cable television franchisee. Any such | ||
notice shall be served within
20 days of the date on which such | ||
owner is notified of the cable television
franchisee's | ||
intention to construct or install cable television facilities
| ||
in and upon such building, or upon, beneath or over such real | ||
estate. Unless
timely notice as herein provided is given by the | ||
owner to the cable television
franchisee, it will be | ||
conclusively presumed that the owner of any such
building or | ||
real estate does not claim or intend to require a payment of | ||
more
than $1 in exchange and as just compensation for | ||
permitting the installation
of cable television facilities | ||
within and upon such building, or upon, beneath
or over such | ||
real estate. In any instance in which a cable television
| ||
franchisee intends to install cable television facilities as | ||
herein
provided, written notice of such intention shall be sent | ||
by the cable
television franchisee to the property owner or to | ||
such person, association
or managing agent as shall have been | ||
appointed or otherwise designated to
manage or operate the | ||
property. Such notice shall include the address of
the | ||
property, the name of the cable television franchisee, and | ||
information
as to the time within which the owner may give | ||
notice, demand payment as
just compensation and initiate legal | ||
proceedings as provided in this
subparagraph (c) and | ||
subparagraph (d). In any instance in which a community
antenna | ||
television company intends to install cable television | ||
facilities
within a residential building containing 12 or more | ||
residential units
or upon, beneath, or over real estate that is | ||
used as a site for 12 or more
manufactured housing units,
12 or | ||
more mobile homes,
or a combination of 12 or more
manufactured | ||
housing units and mobile homes, the
written notice shall | ||
further provide that the property owner may require
that the | ||
community antenna television company submit to the owner | ||
written
plans identifying the manner in which cable television | ||
facilities are to be
installed, including the proposed location | ||
of coaxial cable. Approval of
such plans by the property owner | ||
shall not be unreasonably withheld and
such owners' consent to | ||
and approval of such plans shall be presumed
unless, within 30 | ||
days after receipt thereof, or in the case of a
condominium | ||
association, 90 days after receipt thereof, the property owner
| ||
identifies in writing the specific manner in which such plans | ||
deviate from
generally accepted construction or safety | ||
standards, and unless the
property owner contemporaneously | ||
submits an alternative construction plan
providing for the | ||
installation of cable television facilities in an
economically | ||
feasible manner. The community antenna television company may
| ||
proceed with the plans originally submitted if an alternative | ||
plan is not
submitted by the property owner within 30 days, or | ||
in the case of a
condominium association, 90 days, or if an | ||
alternative plan submitted by
the property owner fails to | ||
comply with generally accepted construction and
safety | ||
standards or does not provide for the installation of cable
| ||
television facilities in an economically feasible manner.
For | ||
purposes of this subsection, "mobile home" and "manufactured | ||
housing
unit" have
the same meaning as in the Illinois | ||
Manufactured Housing and Mobile Home Safety
Act.
| ||
(d) Any owner of a residential building described in | ||
subparagraph (a),
and any owner of improved or unimproved real | ||
estate described in subparagraph
(b), who shall have given | ||
timely written notice to the cable television
franchisee as | ||
provided in subparagraph (c), may assert a claim for just
| ||
compensation in excess of $1 for permitting the installation of | ||
cable
television facilities within and upon such building, or | ||
upon, beneath or
over such real estate. Within 30 days after | ||
notice has been given in
accordance with subparagraph (c), the | ||
owner shall advise the cable
television franchisee in writing | ||
of the amount claimed as just
compensation. If within 60 days | ||
after the receipt of the owner's claim,
the cable television | ||
franchisee has not agreed to pay the amount claimed or
some | ||
other amount acceptable to the owner, the owner may bring suit | ||
to
enforce such claim for just compensation in any court of | ||
competent
jurisdiction and, upon timely demand, may require | ||
that the amount of just
compensation be determined by a jury. | ||
Any such action shall be commenced
within 6 months of the | ||
notice given by the cable television franchisee
pursuant to | ||
subparagraph (c) hereof. In any action brought to determine
| ||
such amount, the owner may submit evidence of a decrease in the | ||
fair market
value of the property occasioned by the | ||
installation or location of the
cable on the property, that the | ||
owner has a specific alternative use for
the space occupied by | ||
cable television facilities, the loss of which will
result in a | ||
monetary loss to the owner, or that installation of cable
| ||
television facilities within and upon such building or upon, | ||
beneath or
over such real estate otherwise substantially | ||
interferes with the use and
occupancy of such building to an | ||
extent which causes a decrease in the fair
market value of such | ||
building or real estate.
| ||
(e) Neither the giving of a notice by the owner under | ||
subparagraph
(c), nor the assertion of a specific claim, nor | ||
the initiation of legal
action to enforce such claim, as | ||
provided under subparagraph (d), shall
delay or impair the | ||
right of the cable television franchisee to construct
or | ||
install cable television facilities and maintain cable | ||
television
services within or upon any building described in | ||
subparagraph (a) or upon,
beneath or over real estate described | ||
in subparagraph (b).
| ||
(f) Notwithstanding the foregoing, no community antenna | ||
television
company or municipality shall enter upon any real | ||
estate or rights of way
in the possession or control of any | ||
public utility, railroad or owner or
operator of an oil, | ||
petroleum product, chemical or gas pipeline to install
or | ||
remove cable television facilities or to provide underground | ||
maintenance
or repair services with respect thereto, prior to | ||
delivery to the public
utility, railroad or pipeline owner or | ||
operator of written notice of intent
to enter, install, | ||
maintain, or remove. For the purposes of this subsection (f), | ||
and only in the case of real estate or rights-of-way in | ||
possession of or in control of a railroad, the right to enter | ||
upon includes the installation, construction, operation, | ||
repair, maintenance, or removal of wire, cable, fiber, conduit, | ||
or related facilities that are at, above, or below grade and | ||
that cross the real estate or rights-of-way in a manner that | ||
runs generally perpendicular to the railroad tracks or railroad | ||
right-of-way. For the purposes of this subsection (f), and only | ||
in the case of real estate or rights-of-way in possession of or | ||
in the control of a railroad, the right to enter upon does not | ||
apply to wire, cable, fiber, conduit, or related facilities | ||
that run along, within, and generally parallel to, but do not | ||
cross, the railroad tracks or railroad right-of-way. No entry | ||
shall be made until at
least 30 15 business days after receipt | ||
of such written notice. Such written
notice, which shall be | ||
delivered to the registered agent of such public
utility, | ||
railroad or pipeline owner or operator shall include the | ||
following
information:
| ||
(i) The date of the proposed installation, | ||
maintenance, repair, or
removal and projected length of | ||
time required to complete such
installation, maintenance, | ||
repair or removal;
| ||
(ii) The manner and method of, and the detailed design | ||
and construction plans that conform to the applicable | ||
published and publicly available American Railway | ||
Engineering and Maintenance-of-Way Association standards | ||
and the published and publicly available standards for the | ||
appropriate railroad for, such installation, maintenance,
| ||
repair, or removal;
| ||
(iii) The location of the proposed entry and path of | ||
cable television
facilities proposed to be placed, | ||
repaired, maintained or removed upon the
real estate or | ||
right of way; and
| ||
(iv) The written agreement of the community antenna | ||
television company
to indemnify and hold harmless such | ||
public utility, railroad or pipeline
owner or operator from | ||
the costs of any damages directly or indirectly
caused by | ||
the installation, maintenance, repair, operation, or | ||
removal of
cable television facilities. Upon request of the | ||
public utility, railroad,
or owner or operator of an oil, | ||
petroleum product, chemical or gas
pipeline, the community | ||
antenna television company shall provide proof that
it has | ||
purchased and will maintain a policy or policies of | ||
insurance in
amounts sufficient to provide coverage for | ||
personal injury and property
damage losses caused by or | ||
resulting from the installation, maintenance,
repair, or | ||
removal of cable television facilities. The written | ||
agreement
shall provide that the community antenna | ||
television company shall maintain
such policies of | ||
insurance in full force and effect as long as cable
| ||
television facilities remain on the real estate or right of | ||
way; and . | ||
(v) A statement, based upon information available to | ||
the community antenna
television company, confirming that | ||
the proposed installation,
maintenance, repair, or removal | ||
does not create a dangerous condition or threaten
public or | ||
employee safety and will not adversely impact railroad | ||
operations or disrupt vital
transportation services. | ||
For purposes of this subsection (f), and only in the case | ||
of real estate or rights-of-way in possession of or in control | ||
of a railroad, "community antenna television company" includes | ||
a holder, cable operator, or broadband service provider, as | ||
those terms are defined in Section 21-201 of the Public | ||
Utilities Act.
| ||
Within 30 15 business days of receipt of the written prior | ||
notice of entry
the public utility, railroad or pipeline owner | ||
or operator shall investigate
and determine whether or not the | ||
proposed entry and installation or repair,
maintenance, or | ||
removal would create a dangerous condition threatening the
| ||
safety of the public or the safety of its employees or | ||
threatening to cause
an interruption of the furnishing of vital | ||
transportation, utility or pipeline
services and upon so | ||
finding shall so notify the community antenna television
| ||
company or municipality of such decision in writing. Initial | ||
determination
of the existence of such a dangerous condition or | ||
interruption of services
shall be made by the public utility, | ||
railroad or pipeline owner or operator
whose real estate or | ||
right of way is involved. In the event that the
community | ||
antenna television company or municipality disagrees with such
| ||
determination, a determination of whether such entry and | ||
installation,
maintenance, repair, or removal would create | ||
such a dangerous condition or
interrupt services shall, upon | ||
application of the community antenna television company, be | ||
made by the Illinois Commerce Commission Transportation | ||
Division in accordance with the Commission's Rail Safety | ||
Program a court of competent jurisdiction upon
the application | ||
of such community antenna television company or
municipality. | ||
An initial written determination of a public utility,
railroad, | ||
or pipeline owner or operator timely made and transmitted to | ||
the
community antenna television company or municipality, in | ||
the absence of a
determination by the Illinois Commerce | ||
Commission Transportation Division, in accordance with the | ||
Commission's Rail Safety Program, or a court of competent | ||
jurisdiction finding to the contrary,
bars the entry of the | ||
community antenna television company or municipality
upon the | ||
real estate or right of way for any purpose.
| ||
Any public utility, railroad or pipeline owner or operator | ||
may assert
a written claim against any community antenna | ||
television company for just
compensation within 30 days after | ||
written notice has been given in accordance
with this | ||
subparagraph (f). If, within 60 days after the receipt of such
| ||
claim for compensation, the community antenna television | ||
company has not
agreed to the amount claimed or some other | ||
amount acceptable to the public
utility, railroad or pipeline | ||
owner or operator, the public utility, railroad
or pipeline | ||
owner or operator may bring suit to enforce such claim for just
| ||
compensation in any court of competent jurisdiction and, upon | ||
timely demand,
may require that the amount of just compensation | ||
be determined by a jury.
Any such action shall be commenced | ||
within 6 months of the notice provided
for in this subparagraph | ||
(f). In any action brought to determine such just
compensation, | ||
the public utility, railroad or pipeline owner or operator
may | ||
submit such evidence as may be relevant to the issue of just | ||
compensation.
Neither the assertion of a claim for compensation | ||
nor the initiation of
legal action to enforce such claim shall | ||
delay or impair the right of the
community antenna television | ||
company to construct or install cable television
facilities | ||
upon any real estate or rights of way of any public utility,
| ||
railroad or pipeline owner or operator.
| ||
To the extent that the public utility, railroad, or owner | ||
or operator
of an oil, petroleum product, chemical or gas | ||
pipeline deems it appropriate
to supervise, monitor or | ||
otherwise assist the community antenna television
company in | ||
connection with the installation, maintenance, repair or | ||
removal
of cable television facilities upon such real estate or | ||
rights of way, the
community antenna television company shall | ||
reimburse the public utility,
railroad or owner or operator of | ||
an oil, petroleum product, chemical or gas
pipeline for costs | ||
reasonable and actually incurred in connection therewith.
| ||
The provisions of this subparagraph (f) shall not be | ||
applicable to any
easements, rights of way or ways for public | ||
service facilities in which
public utilities, other than | ||
railroads, have any interest pursuant to "An
Act to revise the | ||
law in relation to plats", approved March 21, 1874,
as amended, | ||
and all ordinances enacted pursuant thereto. Such easements,
| ||
rights of way and ways for public service facilities are hereby | ||
declared to
be apportionable and upon written request by a | ||
community antenna television
company, public utilities shall | ||
make such easements, rights of way and ways
for public service | ||
facilities available for the construction, maintenance,
repair | ||
or removal of cable television facilities provided that such
| ||
construction, maintenance, repair or removal does not create a | ||
dangerous
condition threatening the safety of the public or the | ||
safety of such public
utility employees or threatening to cause | ||
an interruption of the furnishing
of vital utility service. | ||
Initial determination of the existence of such a
dangerous | ||
condition or interruption of services shall be made by the | ||
public
utility whose easement, right of way or way for public | ||
service facility is
involved. In the event the community | ||
antenna television company or
municipality disagrees with such | ||
determination, a determination of whether
such construction, | ||
maintenance, repair or removal would create such a
dangerous | ||
condition or threaten to interrupt vital utility services, | ||
shall
be made by a court of competent jurisdiction upon the | ||
application of such
community antenna television company.
| ||
If a municipality notifies or a municipality requires a | ||
developer to
notify
a public
utility before or after issuing a | ||
permit or other authorization for the
construction of
| ||
residential buildings, then the municipality or developer | ||
shall, at the same
time, similarly
notify any community antenna | ||
television system franchised by or within that
municipality.
| ||
In addition to such other notices as may be required by | ||
this subparagraph
(f), a community antenna television company | ||
or municipality shall not
enter upon the real estate or rights | ||
of way of any public utility, railroad
or pipeline owner or | ||
operator for the purposes of above-ground maintenance
or repair | ||
of its television cable facilities without giving 96 hours | ||
prior
written notice to the registered agent of the public | ||
utility, railroad or
pipeline owner or operator involved, or in | ||
the case of a public utility,
notice may be given through the | ||
statewide one-call notice system provided
for by General Order | ||
of the Illinois Commerce Commission or, if in Chicago,
through | ||
the system known as the Chicago Utility Alert Network.
| ||
(Source: P.A. 93-219, eff. 1-1-04.)
| ||
Section 15. The Crossing of Railroad
Right-of-way Act is | ||
amended by changing Section 5 as follows: | ||
(220 ILCS 70/5)
| ||
Sec. 5. Definitions. As used in this Act, unless the | ||
context otherwise
requires:
| ||
"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
following:
| ||
(1) The cost of inspecting and monitoring the crossing | ||
site.
| ||
(2) Administrative and engineering costs for review of | ||
specifications and
for
entering a crossing on the | ||
railroad's books, maps, and property records and
other
| ||
reasonable administrative and engineering costs incurred | ||
as a result of the
crossing.
| ||
(3) Document and preparation fees associated with a | ||
crossing, and any
engineering specifications related to | ||
the crossing.
| ||
(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 | ||
pipe, supporting
poles
and guys, manhole, or other material or | ||
equipment, that is used by a utility to
furnish any of the | ||
following:
| ||
(1) Communications, video, or information services.
| ||
(2) Electricity.
| ||
(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
operated
by a land management company and | ||
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 | ||
following:
| ||
(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
Act, (2) | ||
telecommunications carriers as defined in Section 13-202 of the | ||
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, (7) | ||
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, and (9) a provider | ||
of broadband service as that term is defined in Section 21-201 | ||
of the Public Utilities Act.
| ||
(Source: P.A. 99-525, eff. 6-30-16.) | ||
Section 20. The Illinois Vehicle Code is amended by | ||
changing Section 18c-7401 as follows: | ||
(625 ILCS 5/18c-7401) (from Ch. 95 1/2, par. 18c-7401)
| ||
Sec. 18c-7401. Safety Requirements for Track, Facilities, | ||
and
Equipment.
| ||
(1) General Requirements. Each rail carrier shall, | ||
consistent with rules,
orders, and regulations of the Federal | ||
Railroad Administration, construct,
maintain, and operate all | ||
of its equipment, track, and other property in this
State in | ||
such a manner as to pose no undue risk to its employees or the | ||
person
or property of any member of the public.
| ||
(2) Adoption of Federal Standards. The track safety | ||
standards and
accident/incident standards promulgated by the | ||
Federal Railroad Administration
shall be safety standards of | ||
the Commission. The Commission may, in addition,
adopt by | ||
reference in its regulations other federal railroad safety | ||
standards,
whether contained in federal statutes or in | ||
regulations adopted pursuant to
such statutes.
| ||
(3) Railroad Crossings. No public road, highway, or street | ||
shall hereafter
be constructed across the track of any rail | ||
carrier at grade, nor shall the
track of any rail carrier be | ||
constructed across a public road, highway or
street at grade, | ||
without having first secured the permission of the Commission;
| ||
provided, that this Section shall not apply to the replacement | ||
of lawfully
existing roads, highways and tracks.
No public | ||
pedestrian bridge or subway shall be constructed across the | ||
track
of any rail carrier without having first secured the | ||
permission of the
Commission.
The Commission shall have the | ||
right to
refuse its permission or to grant it upon such terms | ||
and conditions as it may
prescribe.
The Commission shall have | ||
power to determine and prescribe the
manner, including the | ||
particular point of crossing, and the terms of
installation, | ||
operation, maintenance, use and protection of each such | ||
crossing.
| ||
The Commission shall also have power, after a hearing, to
| ||
require major alteration of or to abolish any crossing,
| ||
heretofore or hereafter established, when in its opinion, the
| ||
public safety requires such alteration or abolition, and,
| ||
except in cities, villages and incorporated towns of
1,000,000 | ||
or more inhabitants, to vacate and close that part
of the | ||
highway on such crossing altered or abolished and
cause | ||
barricades to be erected across such highway in such
manner as | ||
to prevent the use of such crossing as a highway,
when, in the | ||
opinion of the Commission, the public
convenience served by the | ||
crossing in question is not such as
to justify the further | ||
retention thereof; or to require a
separation of grades, at | ||
railroad-highway grade crossings; or to
require a
separation of | ||
grades at any proposed crossing where a
proposed public highway | ||
may cross the tracks of any rail
carrier or carriers; and to | ||
prescribe, after a hearing of the parties,
the terms upon which | ||
such separations shall be made and the
proportion in which the | ||
expense of the alteration or
abolition of such crossings or the | ||
separation of such grades, having regard
to the benefits, if | ||
any, accruing to the rail carrier or any party in
interest,
| ||
shall be divided between the rail carrier or carriers affected, | ||
or
between such carrier or carriers and the State, county, | ||
municipality
or other public authority in interest.
However, a | ||
public hearing by the Commission to abolish a crossing shall | ||
not
be required
when the public highway authority in interest | ||
vacates the highway. In such
instance
the rail carrier, | ||
following notification to the Commission and the highway
| ||
authority, shall remove any grade crossing warning devices and | ||
the grade
crossing surface.
| ||
The Commission shall also have power by its order to | ||
require
the reconstruction, minor alteration, minor relocation | ||
or
improvement of any crossing (including the necessary highway
| ||
approaches thereto) of any railroad across any highway or
| ||
public road, pedestrian bridge, or pedestrian subway, whether | ||
such crossing
be at grade
or by overhead
structure or by | ||
subway, whenever the Commission finds after a
hearing or | ||
without a hearing as otherwise provided in this
paragraph that | ||
such reconstruction, alteration, relocation or
improvement is | ||
necessary to preserve or promote the safety or
convenience of | ||
the public or of the employees or passengers
of such rail | ||
carrier or carriers. By its original order or
supplemental | ||
orders in such case, the Commission may direct such
| ||
reconstruction, alteration, relocation, or improvement to be
| ||
made in such manner and upon such terms and conditions as may
| ||
be reasonable and necessary
and may apportion the cost of
such | ||
reconstruction, alteration, relocation or improvement
and the | ||
subsequent maintenance thereof, having regard to the benefits, | ||
if
any, accruing
to the railroad or any party in interest,
| ||
between the rail
carrier or carriers and public utilities | ||
affected, or between such
carrier or carriers and public | ||
utilities and the State, county,
municipality or other public | ||
authority in interest. The cost
to be so apportioned shall | ||
include the cost of changes or
alterations in the equipment of | ||
public utilities affected as
well as the cost of the | ||
relocation, diversion or
establishment of any public highway, | ||
made necessary by such
reconstruction, alteration, relocation | ||
or improvement of said
crossing. A hearing shall not be | ||
required in those instances
when the Commission enters an order | ||
confirming a written
stipulation in which the Commission, the | ||
public highway
authority or other public authority in interest, | ||
the rail carrier or
carriers
affected, and in
instances | ||
involving the use of the Grade Crossing Protection
Fund, the | ||
Illinois Department of Transportation, agree on the
| ||
reconstruction, alteration, relocation, or improvement and
the | ||
subsequent maintenance thereof and the division of costs
of | ||
such changes of any grade crossing (including the
necessary | ||
highway approaches thereto) of any railroad across
any highway, | ||
pedestrian bridge, or pedestrian subway.
| ||
Every rail carrier operating in the State of Illinois shall
| ||
construct and maintain every highway crossing over its tracks
| ||
within the State so that the roadway at the intersection
shall | ||
be as flush with the rails as superelevated curves will
allow, | ||
and, unless otherwise ordered by the Commission, shall
| ||
construct and maintain the approaches thereto at a grade of
not | ||
more than 5% within the right of way for a distance of
not less | ||
the 6 feet on each side of the centerline of such
tracks; | ||
provided, that the grades at the approaches may be
maintained | ||
in excess of 5% only when authorized by the
Commission.
| ||
Every rail carrier operating within this State shall remove
| ||
from its right of way at all railroad-highway grade crossings | ||
within the
State, such brush, shrubbery, and trees as is | ||
reasonably
practical for a distance of not less than 500 feet | ||
in either
direction from each grade crossing.
The Commission | ||
shall have power, upon its own motion, or upon
complaint, and | ||
after having made proper investigation, to
require the | ||
installation of adequate and appropriate luminous
reflective | ||
warning signs, luminous flashing
signals, crossing
gates | ||
illuminated at night, or other protective devices
in
order to | ||
promote and safeguard the health and safety of the
public.
| ||
Luminous flashing signal or crossing gate
devices installed at | ||
grade crossings, which have been approved
by the Commission, | ||
shall be deemed adequate and appropriate.
The Commission shall | ||
have authority to determine the number,
type, and location of | ||
such signs, signals, gates, or other
protective devices which, | ||
however, shall conform as near as
may be with generally | ||
recognized national standards, and the
Commission shall have | ||
authority to prescribe the division of
the cost of the | ||
installation and subsequent maintenance of
such signs, | ||
signals, gates, or other protective
devices between the rail | ||
carrier or carriers, the public highway
authority or other | ||
public authority in
interest, and in instances involving the | ||
use of the Grade
Crossing Protection Fund, the Illinois | ||
Department of
Transportation.
Except where train crews provide | ||
flagging of the crossing to road users, yield signs shall be | ||
installed at all highway intersections with every grade | ||
crossing in this State that is not equipped with automatic | ||
warning devices, such as luminous flashing signals or crossing | ||
gate devices. A stop sign may be used in lieu of the yield sign | ||
when an engineering study conducted in cooperation with the | ||
highway authority and the Illinois Department of | ||
Transportation has determined that a stop sign is warranted. If | ||
the Commission has ordered the installation of luminous | ||
flashing signal or
crossing gate devices at a grade crossing | ||
not equipped with active warning devices, the Commission shall | ||
order the
installation of temporary stop signs at the highway | ||
intersection with the grade
crossing unless an engineering | ||
study has determined that a stop sign is not appropriate. If a | ||
stop sign is not appropriate, the Commission may order the | ||
installation of other appropriate supplemental signing as | ||
determined by an engineering study. The temporary signs shall | ||
remain in place until the luminous
flashing signal or crossing | ||
gate devices have been installed.
The rail carrier is | ||
responsible for the installation and subsequent
maintenance of | ||
any required signs.
The permanent signs shall be in place by | ||
July 1, 2011.
| ||
No railroad may change or modify the warning device system | ||
at a
railroad-highway grade crossing, including warning | ||
systems interconnected with
highway traffic control signals, | ||
without having first received the approval of
the Commission. | ||
The Commission shall have the further power, upon application,
| ||
upon its own motion, or upon
complaint and after having made | ||
proper investigation, to require
the interconnection of grade | ||
crossing warning devices with traffic control
signals at | ||
highway intersections located at or near railroad crossings | ||
within
the distances described by the State Manual on Uniform | ||
Traffic Control Devices
adopted pursuant to Section 11-301 of | ||
this Code. In addition, State and local
authorities may not | ||
install, remove, modernize, or otherwise modify traffic
| ||
control signals at a highway intersection that is | ||
interconnected or proposed to
be interconnected with grade | ||
crossing warning devices when the change affects
the number, | ||
type, or location of traffic control devices on the track | ||
approach
leg or legs of the intersection or the timing of the | ||
railroad preemption
sequence of operation until the Commission | ||
has approved the installation,
removal, modernization, or | ||
modification.
Commission approval shall be limited to | ||
consideration of
issues directly affecting the public safety at | ||
the railroad-highway grade
crossing. The electrical circuit | ||
devices, alternate warning devices, and
preemption sequences | ||
shall conform as nearly as possible, considering the
particular | ||
characteristics of the crossing and
intersection area, to the | ||
State manual adopted by the Illinois Department of
| ||
Transportation pursuant to Section 11-301 of this Code and such | ||
federal
standards as are made applicable by subsection (2) of | ||
this Section. In order
to carry out this authority, the | ||
Commission shall have the authority to
determine the number, | ||
type, and location of traffic control devices on the
track | ||
approach leg or legs of the intersection and the timing of the | ||
railroad
preemption sequence of operation.
The Commission | ||
shall prescribe the division of costs for installation and
| ||
maintenance of all devices required by this paragraph between | ||
the railroad or
railroads and the highway authority in interest | ||
and in instances involving the
use of the Grade Crossing | ||
Protection Fund or a State highway, the Illinois
Department of | ||
Transportation.
| ||
Any person who unlawfully or maliciously removes, throws
| ||
down, damages or defaces any sign, signal, gate or other
| ||
protective device, located at or near any public grade
| ||
crossing, shall be guilty of a petty offense and fined not
less | ||
than $50 nor more than $200 for each offense. In
addition to | ||
fines levied under the provisions of this
Section a person | ||
adjudged guilty hereunder may also be
directed to make | ||
restitution for the costs of repair or
replacement, or both, | ||
necessitated by his misconduct.
| ||
It is the public policy of the State of Illinois to enhance | ||
public safety
by establishing safe grade crossings. In order to | ||
implement this policy, the
Illinois Commerce Commission is | ||
directed to conduct public hearings and to
adopt specific | ||
criteria by July 1, 1994, that shall be adhered to by the
| ||
Illinois Commerce Commission in determining if a grade crossing | ||
should be
opened or abolished. The following factors shall be | ||
considered by the
Illinois Commerce Commission in developing | ||
the specific criteria for opening
and abolishing grade | ||
crossings:
| ||
(a) timetable speed of passenger trains;
| ||
(b) distance to an alternate crossing;
| ||
(c) accident history for the last 5 years;
| ||
(d) number of vehicular traffic and posted speed | ||
limits;
| ||
(e) number of freight trains and their timetable | ||
speeds;
| ||
(f) the type of warning device present at the grade | ||
crossing;
| ||
(g) alignments of the roadway and railroad, and the | ||
angle of intersection
of those alignments;
| ||
(h) use of the grade crossing by trucks carrying | ||
hazardous materials,
vehicles carrying passengers for | ||
hire, and school buses; and
| ||
(i) use of the grade crossing by emergency vehicles.
| ||
The Illinois Commerce Commission, upon petition to open or | ||
abolish a grade
crossing, shall enter an order opening or | ||
abolishing the crossing if it meets
the specific criteria | ||
adopted by the Commission.
| ||
Except as otherwise provided in this subsection (3), in no | ||
instance shall
a grade crossing be permanently closed
without | ||
public hearing first being held and notice of such
hearing | ||
being published in an area newspaper of local general
| ||
circulation.
| ||
(4) Freight Trains - Radio Communications.
The Commission | ||
shall after hearing and order require that
every main line | ||
railroad freight train operating on main
tracks outside of yard | ||
limits within this State shall be
equipped with a radio | ||
communication system. The Commission
after notice and hearing | ||
may grant exemptions from the
requirements of this Section as | ||
to secondary and branch
lines.
| ||
(5) Railroad Bridges and Trestles - Walkway and Handrail.
| ||
In cases in which the Commission finds the same to be
practical | ||
and necessary for safety of railroad employees,
bridges and | ||
trestles, over and upon which railroad trains are
operated, | ||
shall include as a part thereof, a safe and
suitable walkway | ||
and handrail on one side only of such bridge
or trestle, and | ||
such handrail shall be located at the outer
edge of the walkway | ||
and shall provide a clearance of not less
than 8 feet, 6 | ||
inches, from the center line of the nearest
track, measured at | ||
right angles thereto.
| ||
(6) Packages Containing Articles for First Aid to Injured | ||
on Trains.
| ||
(a) All rail carriers shall provide a first aid kit | ||
that contains, at a minimum, those
articles prescribed by | ||
the Commission, on each train or
engine, for first aid to | ||
persons who may be injured in the
course of the operation | ||
of such trains.
| ||
(b) A vehicle, excluding a taxi cab used in an | ||
emergency situation, operated by a contract carrier | ||
transporting railroad employees in the course of their | ||
employment shall be equipped with a readily available first | ||
aid kit that contains, as a minimum, the same articles that | ||
are required on each train or engine. | ||
(7) Abandoned Bridges, Crossings, and Other Rail Plant.
The | ||
Commission shall have authority, after notice and hearing, to | ||
order:
| ||
(a) The removal of any abandoned railroad tracks from | ||
roads,
streets or other thoroughfares in this State; and
| ||
(b) The removal of abandoned overhead railroad | ||
structures
crossing highways, waterways, or railroads.
| ||
The Commission may equitably apportion the cost of such
| ||
actions between the rail carrier or carriers, public utilities, | ||
and
the State, county, municipality, township, road district, | ||
or
other public authority in interest.
| ||
(8) Railroad-Highway Bridge Clearance. A vertical | ||
clearance of not less
than 23 feet
above the top of rail shall | ||
be provided for all new or reconstructed highway
bridges | ||
constructed over a railroad track. The Commission may permit a | ||
lesser
clearance if it determines
that the 23 foot clearance | ||
standard cannot be justified based on
engineering, | ||
operational, and economic conditions.
| ||
(9) Right of Access To Railroad Property. | ||
(a) A community antenna television company franchised | ||
by a municipality or county pursuant to the Illinois | ||
Municipal
Code or the Counties Code, respectively, shall | ||
not enter upon any real estate or
rights-of-way in the | ||
possession or control of a railroad
subject to the | ||
jurisdiction of the Illinois Commerce
Commission unless | ||
the community antenna television
company first complies | ||
with the applicable provisions of
subparagraph (f) of | ||
Section 11-42-11.1 of the Illinois
Municipal Code or | ||
subparagraph (f) of Section 5-1096 of the Counties Code. | ||
(b) Notwithstanding any provision of law to the | ||
contrary, this subsection (9) applies to all entries of | ||
railroad rights-of-way involving a railroad subject to the | ||
jurisdiction of the Illinois Commerce Commission by a | ||
community antenna television company and shall govern in | ||
the event of any conflict with any other provision of law. | ||
(c) This subsection (9) applies to any entry upon any | ||
real estate or right-of-way in the possession or control of | ||
a railroad subject to the jurisdiction of the Illinois | ||
Commerce Commission for the purpose of or in connection | ||
with the construction, or installation of a community | ||
antenna television company's system or facilities | ||
commenced or renewed on or after the effective date of this | ||
amendatory Act of the 100th General Assembly. | ||
(d) Nothing in this amendatory Act of the 100th General | ||
Assembly shall be construed to prevent a railroad from | ||
negotiating other terms and conditions or the resolution of | ||
any dispute in relation to an entry upon or right of access | ||
as set forth in this subsection (9). | ||
(e) For purposes of this subsection (9): | ||
"Broadband service", "cable operator", and "holder" | ||
have the meanings given to those terms under Section 21-201 | ||
of the Public Utilities Act. | ||
"Community antenna television company" includes, in | ||
the case of real estate or rights-of-way in possession of | ||
or in control of a railroad, a holder, cable operator, or | ||
broadband service provider. | ||
(f) Beginning on the effective date this amendatory Act | ||
of the 100th General Assembly, the Transportation Division | ||
of the Illinois Commerce Commission shall include in its | ||
annual Crossing Safety Improvement Program report a brief | ||
description of the number of cases decided by the Illinois | ||
Commerce Commission and the number of cases that remain | ||
pending before the Illinois Commerce Commission under this | ||
subsection (9) for the period covered by the report. | ||
(Source: P.A. 96-470, eff. 8-14-09; 97-374, eff. 1-1-12.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
| ||