Bill Amendment: IL HB0535 | 2017-2018 | 100th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: ICC AND RAILROAD RIGHTS-OF-WAY

Status: 2017-08-22 - Public Act . . . . . . . . . 100-0251 [HB0535 Detail]

Download: Illinois-2017-HB0535-House_Amendment_002.html

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Rep. Jay Hoffman

Filed: 3/28/2017

10000HB0535ham002 LRB100 03783 AWJ 24378 a
AMENDMENT TO HOUSE BILL 535
AMENDMENT NO. ______. Amend House Bill 535, AS AMENDED,
with reference to page and line numbers of House Amendment No.
1, on page 8, line 4, by deleting "or cross"; and
on page 8, line 11, by replacing "maintain, cross," with
"maintain,"; and
on page 8, by replacing lines 14 through 19 with the following:
"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

10000HB0535ham002 - 2 - LRB100 03783 AWJ 24378 a
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"; and
on page 8, line 25, by replacing "repair, crossing," with
"repair,"; and
on page 9, by replacing lines 4 through 6 with the following:
"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;"; and
on page 9, line 16, by deleting "crossing,"; and
on page 9, line 24, by replacing "repair, crossing," with
"repair,"; and
on page 10, line 6, by deleting "crossing,"; and
on page 10, line 8, after "public", by inserting "or employee";
and
on page 10, line 21, by deleting "crossing,"; and

10000HB0535ham002 - 3 - LRB100 03783 AWJ 24378 a
on page 11, line 7, by replacing "repair, crossing," with
"repair,"; and
on page 12, line 24, by deleting "crossing,"; and
on page 21, line 25, by deleting "or cross"; and
on page 22, line 7, by replacing "maintain, cross," with
"maintain,"; and
on page 22, by replacing lines 9 through 14 with the following:
"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"; and

10000HB0535ham002 - 4 - LRB100 03783 AWJ 24378 a
on page 22, line 21, by replacing "repair, crossing," with
"repair,"; and
by replacing line 26 on page 22 through line 2 on page 23 with
the following:
"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;"; and
on page 23, line 12, by deleting "crossing,"; and
on page 23, line 20, by replacing "repair, crossing," with
"repair,"; and
on page 24, line 2, by deleting "crossing,"; and
on page 24, line 4, after "public", by inserting "or employee";
and
on page 24, line 13, by replacing "15 business" with "30 15
business"; and
on page 25, line 3, by replacing "repair, crossing," with
"repair,"; and

10000HB0535ham002 - 5 - LRB100 03783 AWJ 24378 a
on page 43, line 6, by deleting "or cross"; and
on page 43, line 14, by deleting "crossings or"; and
on page 43, line 20, by deleting "crossing or"; and
on page 43, line 24, by deleting "crossing,"; and
on page 44, line 6, by deleting "any crossing or to"; and
on page 44, immediately below line 15, by inserting the
following:
"(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.".