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


Bill Title: Amends the Counties Code and Illinois Municipal Code. Provides that the Illinois Commerce Commission (currently, a court of competent jurisdiction) will determine whether the installation, maintenance, repair, or removal of a community antenna would create a dangerous condition or interrupt service. Amends the Crossing of Railroad Right-of-way Act. Adds providers of broadband service to the definition of "utility". Amends the Illinois Vehicle Code. Provides that cable operators, holders of State authorizations, and broadband service providers shall not be prevented by a railroad from entering onto railroad real estate or right of way for purposes of construction or installation of system or facilities if they have followed the procedures to enter the property as required by statute. Effective immediately.

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Engrossed) 2017-05-19 - Placed on Calendar Order of 3rd Reading May 22, 2017 [HB0535 Detail]

Download: Illinois-2017-HB0535-Engrossed.html



HB0535 EngrossedLRB100 03783 AWJ 13788 b
1 AN ACT concerning local government.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Counties Code is amended by changing Section
55-1096 as follows:
6 (55 ILCS 5/5-1096) (from Ch. 34, par. 5-1096)
7 Sec. 5-1096. Community antenna television systems;
8interference with and payment for access.
9 (a) In any instance in which a county has granted a
10franchise to any community antenna television company to
11construct, operate or maintain a cable television system within
12a designated franchise area, no property owner, condominium
13association, managing agent, lessee or other person in
14possession or control of any residential building located
15within such designated franchise area shall forbid or prevent
16any occupant, tenant or lessee of any such building from
17receiving cable television service from such franchisee, nor
18demand or accept payment from any such occupant, tenant or
19lessee in any form as a condition of permitting the
20installation of cable television facilities or the maintenance
21of cable television service in any such building or any portion
22thereof occupied or leased by such occupant, tenant or lessee,
23nor shall any such property owner, condominium association,

HB0535 Engrossed- 2 -LRB100 03783 AWJ 13788 b
1managing agent, lessee or other person discriminate in rental
2charges or otherwise against any occupant, tenant or lessee
3receiving cable service; provided, however, that the owner of
4such building may require, in exchange and as compensation for
5permitting the installation of cable television facilities
6within and upon such building, the payment of just compensation
7to be paid by the cable television franchisee which provides
8such cable television service, said sum to be determined in
9accordance with the provisions of subparagraphs (c) and (d)
10hereof, and provided further that the cable television
11franchisee installing such cable television facilities shall
12agree to indemnify the owner of such building for any damage
13caused by the installation, operation or removal of such cable
14television facilities and service.
15 No community antenna television company shall install
16cable television facilities within a residential building
17pursuant to this subparagraph (a) unless an occupant, tenant or
18lessee of such residential building requests the delivery of
19cable television services.
20 (b) In any instance in which a county has granted a
21franchise to any community antenna television company to
22construct, operate or maintain a cable television system within
23a designated franchise area, no property owner, condominium
24association, managing agent, lessee or other person in
25possession and control of any improved or unimproved real
26estate located within such designated franchise area shall

HB0535 Engrossed- 3 -LRB100 03783 AWJ 13788 b
1forbid or prevent such cable television franchisee from
2entering upon such real estate for the purpose of and in
3connection with the construction or installation of such cable
4television system and cable television facilities, nor shall
5any such property owner, condominium association, managing
6agent, lessee or other person in possession or control of such
7real estate forbid or prevent such cable television franchisee
8from constructing or installing upon, beneath or over such real
9estate, including any buildings or other structures located
10thereon, hardware, cable, equipment, materials or other cable
11television facilities utilized by such cable franchisee in the
12construction and installation of such cable television system;
13provided, however, that the owner of any such real estate may
14require, in exchange and as compensation for permitting the
15construction or installation of cable television facilities
16upon, beneath or over such real estate, the payment of just
17compensation by the cable television franchisee which provides
18such cable television service, said sum to be determined in
19accordance with the provisions of subparagraphs (c) and (d)
20hereof, and provided further that the cable television
21franchisee constructing or installing such cable television
22facilities shall agree to indemnify the owner of such real
23estate for any damage caused by the installation, operation or
24removal of such cable television facilities and service.
25 (c) In any instance in which the owner of a residential
26building or the owner of improved or unimproved real estate

HB0535 Engrossed- 4 -LRB100 03783 AWJ 13788 b
1intends to require the payment of just compensation in excess
2of $1 in exchange for permitting the installation of cable
3television facilities in and upon such building, or upon,
4beneath or over such real estate, the owner shall serve written
5notice thereof upon the cable television franchisee. Any such
6notice shall be served within 20 days of the date on which such
7owner is notified of the cable television franchisee's
8intention to construct or install cable television facilities
9in and upon such building, or upon, beneath or over such real
10estate. Unless timely notice as herein provided is given by the
11owner to the cable television franchisee, it will be
12conclusively presumed that the owner of any such building or
13real estate does not claim or intend to require a payment of
14more than $1 in exchange and as just compensation for
15permitting the installation of cable television facilities
16within and upon such building, or upon, beneath or over such
17real estate. In any instance in which a cable television
18franchisee intends to install cable television facilities as
19herein provided, written notice of such intention shall be sent
20by the cable television franchisee to the property owner or to
21such person, association or managing agent as shall have been
22appointed or otherwise designated to manage or operate the
23property. Such notice shall include the address of the
24property, the name of the cable television franchisee, and
25information as to the time within which the owner may give
26notice, demand payment as just compensation and initiate legal

HB0535 Engrossed- 5 -LRB100 03783 AWJ 13788 b
1proceedings as provided in this subparagraph (c) and
2subparagraph (d). In any instance in which a community antenna
3television company intends to install cable television
4facilities within a residential building containing 12 or more
5residential units or upon, beneath, or over real estate that is
6used as a site for 12 or more manufactured housing units, 12 or
7more mobile homes, or a combination of 12 or more manufactured
8housing units and mobile homes, the written notice shall
9further provide that the property owner may require that the
10community antenna television company submit to the owner
11written plans identifying the manner in which cable television
12facilities are to be installed, including the proposed location
13of coaxial cable. Approval of those plans by the property owner
14shall not be unreasonably withheld and the owners' consent to
15and approval of those plans shall be presumed unless, within 30
16days after receipt thereof, or in the case of a condominium
17association, 90 days after receipt thereof, the property owner
18identifies in writing the specific manner in which those plans
19deviate from generally accepted construction or safety
20standards, and unless the property owner contemporaneously
21submits an alternative construction plan providing for the
22installation of cable television facilities in an economically
23feasible manner. The community antenna television company may
24proceed with the plans originally submitted if an alternative
25plan is not submitted by the property owner within 30 days, or
26in the case of a condominium association, 90 days, or if an

HB0535 Engrossed- 6 -LRB100 03783 AWJ 13788 b
1alternative plan submitted by the property owner fails to
2comply with generally accepted construction and safety
3standards or does not provide for the installation of cable
4television facilities in an economically feasible manner. For
5purposes of this subsection, "mobile home" and "manufactured
6housing unit" have the same meaning as in the Illinois
7Manufactured Housing and Mobile Home Safety Act.
8 (d) Any owner of a residential building described in
9subparagraph (a), and any owner of improved or unimproved real
10estate described in subparagraph (b), who shall have given
11timely written notice to the cable television franchisee as
12provided in subparagraph (c), may assert a claim for just
13compensation in excess of $1 for permitting the installation of
14cable television facilities within and upon such building, or
15upon, beneath or over such real estate. Within 30 days after
16notice has been given in accordance with subparagraph (c), the
17owner shall advise the cable television franchisee in writing
18of the amount claimed as just compensation. If within 60 days
19after the receipt of the owner's claim, the cable television
20franchisee has not agreed to pay the amount claimed or some
21other amount acceptable to the owner, the owner may bring suit
22to enforce such claim for just compensation in any court of
23competent jurisdiction and, upon timely demand, may require
24that the amount of just compensation be determined by a jury.
25Any such action shall be commenced within 6 months of the
26notice given by the cable television franchisee pursuant to

HB0535 Engrossed- 7 -LRB100 03783 AWJ 13788 b
1subparagraph (c) hereof. In any action brought to determine
2such amount, the owner may submit evidence of a decrease in the
3fair market value of the property occasioned by the
4installation or location of the cable on the property, that the
5owner has a specific alternative use for the space occupied by
6cable television facilities, the loss of which will result in a
7monetary loss to the owner, or that installation of cable
8television facilities within and upon such building or upon,
9beneath or over such real estate otherwise substantially
10interferes with the use and occupancy of such building to an
11extent which causes a decrease in the fair market value of such
12building or real estate.
13 (e) Neither the giving of a notice by the owner under
14subparagraph (c), nor the assertion of a specific claim, nor
15the initiation of legal action to enforce such claim, as
16provided under subparagraph (d), shall delay or impair the
17right of the cable television franchisee to construct or
18install cable television facilities and maintain cable
19television services within or upon any building described in
20subparagraph (a) or upon, beneath or over real estate described
21in subparagraph (b).
22 (f) Notwithstanding the foregoing, no community antenna
23television company shall enter upon any real estate or rights
24of way in the possession or control of any public utility,
25railroad or owner or operator of an oil, petroleum product,
26chemical or gas pipeline to install or remove cable television

HB0535 Engrossed- 8 -LRB100 03783 AWJ 13788 b
1facilities or to provide underground maintenance or repair
2services with respect thereto, prior to delivery to the public
3utility, railroad or pipeline owner or operator of written
4notice of intent to enter, install, maintain, or remove. For
5the purposes of this subsection (f), and only in the case of
6real estate or rights-of-way in possession of or in control of
7a railroad, the right to enter upon includes the installation,
8construction, operation, repair, maintenance, or removal of
9wire, cable, fiber, conduit, or related facilities that are at,
10above, or below grade and that cross the real estate or
11rights-of-way in a manner that runs generally perpendicular to
12the railroad tracks or railroad right-of-way. For the purposes
13of this subsection (f), and only in the case of real estate or
14rights-of-way in possession of or in the control of a railroad,
15the right to enter upon does not apply to wire, cable, fiber,
16conduit, or related facilities that run along, within, and
17generally parallel to, but do not cross, the railroad tracks or
18railroad right-of-way. No entry shall be made until at least 30
1915 business days after receipt of such written notice. Such
20written notice, which shall be delivered to the registered
21agent of such public utility, railroad or pipeline owner or
22operator shall include the following information:
23 (i) The date of the proposed installation,
24 maintenance, repair, or removal and projected length of
25 time required to complete such installation, maintenance,
26 repair or removal;

HB0535 Engrossed- 9 -LRB100 03783 AWJ 13788 b
1 (ii) The manner and method of, and the detailed design
2 and construction plans that conform to the applicable
3 published and publicly available American Railway
4 Engineering and Maintenance-of-Way Association standards
5 and the published and publicly available standards for the
6 appropriate railroad for, such installation, maintenance,
7 repair, or removal;
8 (iii) The location of the proposed entry and path of
9 cable television facilities proposed to be placed,
10 repaired, maintained or removed upon the real estate or
11 right of way; and
12 (iv) The written agreement of the community antenna
13 television company to indemnify and hold harmless such
14 public utility, railroad or pipeline owner or operator from
15 the costs of any damages directly or indirectly caused by
16 the installation, maintenance, repair, operation, or
17 removal of cable television facilities. Upon request of the
18 public utility, railroad, or owner or operator of an oil,
19 petroleum product, chemical or gas pipeline, the community
20 antenna television company shall provide proof that it has
21 purchased and will maintain a policy or policies of
22 insurance in amounts sufficient to provide coverage for
23 personal injury and property damage losses caused by or
24 resulting from the installation, maintenance, repair, or
25 removal of cable television facilities. The written
26 agreement shall provide that the community antenna

HB0535 Engrossed- 10 -LRB100 03783 AWJ 13788 b
1 television company shall maintain such policies of
2 insurance in full force and effect as long as cable
3 television facilities remain on the real estate or right of
4 way; and .
5 (v) A statement, based upon information available to
6 the community antenna television company, confirming that
7 the proposed installation, maintenance, repair, or removal
8 does not create a dangerous condition or threaten public or
9 employee safety and will not adversely impact railroad
10 operations or disrupt vital transportation services.
11 For purposes of this subsection (f), "community antenna
12television company" includes, in the case of real estate or
13rights-of-way in possession of or in control of a railroad, a
14holder, cable operator, or broadband service provider, as those
15terms are defined in Section 21-201 of the Public Utilities
16Act.
17 Within 30 15 business days of receipt of the written prior
18notice of entry the public utility, railroad or pipeline owner
19or operator shall investigate and determine whether or not the
20proposed entry and installation or repair, maintenance, or
21removal would create a dangerous condition threatening the
22safety of the public or the safety of its employees or
23threatening to cause an interruption of the furnishing of vital
24transportation, utility or pipeline services and upon so
25finding shall so notify the community antenna television
26company of such decision in writing. Initial determination of

HB0535 Engrossed- 11 -LRB100 03783 AWJ 13788 b
1the existence of such a dangerous condition or interruption of
2services shall be made by the public utility, railroad or
3pipeline owner or operator whose real estate or right of way is
4involved. In the event that the community antenna television
5company disagrees with such determination, a determination of
6whether such entry and installation, maintenance, repair, or
7removal would create such a dangerous condition or interrupt
8services shall, upon the application of the community antenna
9television company, be made by the Illinois Commerce Commission
10Transportation Division in accordance with the Commission's
11Rail Safety Program a court of competent jurisdiction upon the
12application of such community antenna television company. An
13initial written determination of a public utility, railroad, or
14pipeline owner or operator timely made and transmitted to the
15community antenna television company, in the absence of a
16determination by a court of competent jurisdiction or an
17Illinois Commerce Commission Transportation Division finding
18to the contrary, bars the entry of the community antenna
19television company upon the real estate or right of way for any
20purpose.
21 Any public utility, railroad or pipeline owner or operator
22may assert a written claim against any community antenna
23television company for just compensation within 30 days after
24written notice has been given in accordance with this
25subparagraph (f). If, within 60 days after the receipt of such
26claim for compensation, the community antenna television

HB0535 Engrossed- 12 -LRB100 03783 AWJ 13788 b
1company has not agreed to the amount claimed or some other
2amount acceptable to the public utility, railroad or pipeline
3owner or operator, the public utility, railroad or pipeline
4owner or operator may bring suit to enforce such claim for just
5compensation in any court of competent jurisdiction and, upon
6timely demand, may require that the amount of just compensation
7be determined by a jury. Any such action shall be commenced
8within 6 months of the notice provided for in this subparagraph
9(f). In any action brought to determine such just compensation,
10the public utility, railroad or pipeline owner or operator may
11submit such evidence as may be relevant to the issue of just
12compensation. Neither the assertion of a claim for compensation
13nor the initiation of legal action to enforce such claim shall
14delay or impair the right of the community antenna television
15company to construct or install cable television facilities
16upon any real estate or rights of way of any public utility,
17railroad or pipeline owner or operator.
18 To the extent that the public utility, railroad, or owner
19or operator of an oil, petroleum product, chemical or gas
20pipeline deems it appropriate to supervise, monitor or
21otherwise assist the community antenna television company in
22connection with the installation, maintenance, repair, or
23removal of cable television facilities upon such real estate or
24rights of way, the community antenna television company shall
25reimburse the public utility, railroad or owner or operator of
26an oil, petroleum product, chemical or gas pipeline for costs

HB0535 Engrossed- 13 -LRB100 03783 AWJ 13788 b
1reasonable and actually incurred in connection therewith.
2 The provisions of this subparagraph (f) shall not be
3applicable to any easements, rights of way or ways for public
4service facilities in which public utilities, other than
5railroads, have any interest pursuant to "an Act to revise the
6law in relation to plats" approved March 21, 1874, and all
7ordinances enacted pursuant thereto. Such easements, rights of
8way and ways for public service facilities are hereby declared
9to be apportionable and upon written request by a community
10antenna television company, public utilities shall make such
11easements, rights of way and ways for public service facilities
12available for the construction, maintenance, repair or removal
13of cable television facilities provided that such
14construction, maintenance, repair or removal does not create a
15dangerous condition threatening the safety of the public or the
16safety of such public utility employees or threatening to cause
17an interruption of the furnishing of vital utility service.
18Initial determination of the existence of such a dangerous
19condition or interruption of services shall be made by the
20public utility whose easement, right of way or way for public
21service facility is involved. In the event the community
22antenna television company disagrees with such determination,
23a determination of whether such construction, maintenance,
24repair or removal would create such a dangerous condition or
25threaten to interrupt vital utility services, shall be made by
26a court of competent jurisdiction upon the application of such

HB0535 Engrossed- 14 -LRB100 03783 AWJ 13788 b
1community antenna television company.
2 If a county notifies or a county requires a developer to
3notify a public utility before or after issuing a permit or
4other authorization for the construction of residential
5buildings, then the county or developer shall, at the same
6time, similarly notify any community antenna television system
7franchised by or within that county.
8 In addition to such other notices as may be required by
9this subparagraph (f), a community antenna television company
10shall not enter upon the real estate or rights of way of any
11public utility, railroad or pipeline owner or operator for the
12purposes of above-ground maintenance or repair of its
13television cable facilities without giving 96 hours prior
14written notice to the registered agent of the public utility,
15railroad or pipeline owner or operator involved, or in the case
16of a public utility, notice may be given through the statewide
17one-call notice system provided for by General Order of the
18Illinois Commerce Commission or, if in Chicago, through the
19system known as the Chicago Utility Alert Network.
20(Source: P.A. 93-219, eff. 1-1-04.)
21 Section 10. The Illinois Municipal Code is amended by
22changing Section 11-42-11.1 as follows:
23 (65 ILCS 5/11-42-11.1) (from Ch. 24, par. 11-42-11.1)
24 Sec. 11-42-11.1. (a) In any instance in which a

HB0535 Engrossed- 15 -LRB100 03783 AWJ 13788 b
1municipality has (i) granted a franchise to any community
2antenna television company or (ii) decided for the municipality
3itself to construct, operate or maintain a cable television
4system within a designated area, no property owner, condominium
5association, managing agent, lessee or other person in
6possession or control of any residential building located
7within the designated area shall forbid or prevent any
8occupant, tenant or lessee of any such building from receiving
9cable television service from such franchisee or municipality,
10nor demand or accept payment from any such occupant, tenant or
11lessee in any form as a condition of permitting the
12installation of cable television facilities or the maintenance
13of cable television service in any such building or any portion
14thereof occupied or leased by such occupant, tenant or lessee,
15nor shall any such property owner, condominium association,
16managing agent, lessee or other person discriminate in rental
17charges or otherwise against any occupant, tenant or lessee
18receiving cable service; provided, however, that the owner of
19such building may require, in exchange and as compensation for
20permitting the installation of cable television facilities
21within and upon such building, the payment of just compensation
22by the cable television franchisee which provides such cable
23television service, said sum to be determined in accordance
24with the provisions of subparagraphs (c) and (d) hereof, and
25provided further that the cable television franchisee
26installing such cable television facilities shall agree to

HB0535 Engrossed- 16 -LRB100 03783 AWJ 13788 b
1indemnify the owner of such building for any damage caused by
2the installation, operation or removal of such cable television
3facilities and service.
4 No community antenna television company shall install
5cable television facilities within a residential building
6pursuant to this subparagraph (a) unless an occupant, tenant or
7lessee of such residential building requests the delivery of
8cable television services. In any instance in which a request
9for service is made by more than 3 occupants, tenants or
10lessees of a residential building, the community antenna
11television company may install cable television facilities
12throughout the building in a manner which enables the community
13antenna television company to provide cable television
14services to occupants, tenants or lessees of other residential
15units without requiring the installation of additional cable
16television facilities other than within the residential units
17occupied by such other occupants, tenants or lessees.
18 (b) In any instance in which a municipality has (i) granted
19a franchise to any community antenna television company or (ii)
20decided for the municipality itself to construct, operate or
21maintain a cable television system within a designated area, no
22property owner, condominium association, managing agent,
23lessee or other person in possession and control of any
24improved or unimproved real estate located within such
25designated area shall forbid or prevent such cable television
26franchisee or municipality from entering upon such real estate

HB0535 Engrossed- 17 -LRB100 03783 AWJ 13788 b
1for the purpose of and in connection with the construction or
2installation of such cable television system and cable
3television facilities, nor shall any such property owner,
4condominium association, managing agent, lessee or other
5person in possession or control of such real estate forbid or
6prevent such cable television franchisee or municipality from
7constructing or installing upon, beneath or over such real
8estate, including any buildings or other structures located
9thereon, hardware, cable, equipment, materials or other cable
10television facilities utilized by such cable franchisee or
11municipality in the construction and installation of such cable
12television system; provided, however, that the owner of any
13such real estate may require, in exchange and as compensation
14for permitting the construction or installation of cable
15television facilities upon, beneath or over such real estate,
16the payment of just compensation by the cable television
17franchisee which provides such cable television service, said
18sum to be determined in accordance with the provisions of
19subparagraphs (c) and (d) hereof, and provided further that the
20cable television franchisee constructing or installing such
21cable television facilities shall agree to indemnify the owner
22of such real estate for any damage caused by the installation,
23operation or removal of such cable television facilities and
24service.
25 (c) In any instance in which the owner of a residential
26building or the owner of improved or unimproved real estate

HB0535 Engrossed- 18 -LRB100 03783 AWJ 13788 b
1intends to require the payment of just compensation in excess
2of $1 in exchange for permitting the installation of cable
3television facilities in and upon such building, or upon,
4beneath or over such real estate, the owner shall serve written
5notice thereof upon the cable television franchisee. Any such
6notice shall be served within 20 days of the date on which such
7owner is notified of the cable television franchisee's
8intention to construct or install cable television facilities
9in and upon such building, or upon, beneath or over such real
10estate. Unless timely notice as herein provided is given by the
11owner to the cable television franchisee, it will be
12conclusively presumed that the owner of any such building or
13real estate does not claim or intend to require a payment of
14more than $1 in exchange and as just compensation for
15permitting the installation of cable television facilities
16within and upon such building, or upon, beneath or over such
17real estate. In any instance in which a cable television
18franchisee intends to install cable television facilities as
19herein provided, written notice of such intention shall be sent
20by the cable television franchisee to the property owner or to
21such person, association or managing agent as shall have been
22appointed or otherwise designated to manage or operate the
23property. Such notice shall include the address of the
24property, the name of the cable television franchisee, and
25information as to the time within which the owner may give
26notice, demand payment as just compensation and initiate legal

HB0535 Engrossed- 19 -LRB100 03783 AWJ 13788 b
1proceedings as provided in this subparagraph (c) and
2subparagraph (d). In any instance in which a community antenna
3television company intends to install cable television
4facilities within a residential building containing 12 or more
5residential units or upon, beneath, or over real estate that is
6used as a site for 12 or more manufactured housing units, 12 or
7more mobile homes, or a combination of 12 or more manufactured
8housing units and mobile homes, the written notice shall
9further provide that the property owner may require that the
10community antenna television company submit to the owner
11written plans identifying the manner in which cable television
12facilities are to be installed, including the proposed location
13of coaxial cable. Approval of such plans by the property owner
14shall not be unreasonably withheld and such owners' consent to
15and approval of such plans shall be presumed unless, within 30
16days after receipt thereof, or in the case of a condominium
17association, 90 days after receipt thereof, the property owner
18identifies in writing the specific manner in which such plans
19deviate from generally accepted construction or safety
20standards, and unless the property owner contemporaneously
21submits an alternative construction plan providing for the
22installation of cable television facilities in an economically
23feasible manner. The community antenna television company may
24proceed with the plans originally submitted if an alternative
25plan is not submitted by the property owner within 30 days, or
26in the case of a condominium association, 90 days, or if an

HB0535 Engrossed- 20 -LRB100 03783 AWJ 13788 b
1alternative plan submitted by the property owner fails to
2comply with generally accepted construction and safety
3standards or does not provide for the installation of cable
4television facilities in an economically feasible manner. For
5purposes of this subsection, "mobile home" and "manufactured
6housing unit" have the same meaning as in the Illinois
7Manufactured Housing and Mobile Home Safety Act.
8 (d) Any owner of a residential building described in
9subparagraph (a), and any owner of improved or unimproved real
10estate described in subparagraph (b), who shall have given
11timely written notice to the cable television franchisee as
12provided in subparagraph (c), may assert a claim for just
13compensation in excess of $1 for permitting the installation of
14cable television facilities within and upon such building, or
15upon, beneath or over such real estate. Within 30 days after
16notice has been given in accordance with subparagraph (c), the
17owner shall advise the cable television franchisee in writing
18of the amount claimed as just compensation. If within 60 days
19after the receipt of the owner's claim, the cable television
20franchisee has not agreed to pay the amount claimed or some
21other amount acceptable to the owner, the owner may bring suit
22to enforce such claim for just compensation in any court of
23competent jurisdiction and, upon timely demand, may require
24that the amount of just compensation be determined by a jury.
25Any such action shall be commenced within 6 months of the
26notice given by the cable television franchisee pursuant to

HB0535 Engrossed- 21 -LRB100 03783 AWJ 13788 b
1subparagraph (c) hereof. In any action brought to determine
2such amount, the owner may submit evidence of a decrease in the
3fair market value of the property occasioned by the
4installation or location of the cable on the property, that the
5owner has a specific alternative use for the space occupied by
6cable television facilities, the loss of which will result in a
7monetary loss to the owner, or that installation of cable
8television facilities within and upon such building or upon,
9beneath or over such real estate otherwise substantially
10interferes with the use and occupancy of such building to an
11extent which causes a decrease in the fair market value of such
12building or real estate.
13 (e) Neither the giving of a notice by the owner under
14subparagraph (c), nor the assertion of a specific claim, nor
15the initiation of legal action to enforce such claim, as
16provided under subparagraph (d), shall delay or impair the
17right of the cable television franchisee to construct or
18install cable television facilities and maintain cable
19television services within or upon any building described in
20subparagraph (a) or upon, beneath or over real estate described
21in subparagraph (b).
22 (f) Notwithstanding the foregoing, no community antenna
23television company or municipality shall enter upon any real
24estate or rights of way in the possession or control of any
25public utility, railroad or owner or operator of an oil,
26petroleum product, chemical or gas pipeline to install or

HB0535 Engrossed- 22 -LRB100 03783 AWJ 13788 b
1remove cable television facilities or to provide underground
2maintenance or repair services with respect thereto, prior to
3delivery to the public utility, railroad or pipeline owner or
4operator of written notice of intent to enter, install,
5maintain, or remove. For the purposes of this subsection (f),
6and only in the case of real estate or rights-of-way in
7possession of or in control of a railroad, the right to enter
8upon includes the installation, construction, operation,
9repair, maintenance, or removal of wire, cable, fiber, conduit,
10or related facilities that are at, above, or below grade and
11that cross the real estate or rights-of-way in a manner that
12runs generally perpendicular to the railroad tracks or railroad
13right-of-way. For the purposes of this subsection (f), and only
14in the case of real estate or rights-of-way in possession of or
15in the control of a railroad, the right to enter upon does not
16apply to wire, cable, fiber, conduit, or related facilities
17that run along, within, and generally parallel to, but do not
18cross, the railroad tracks or railroad right-of-way. No entry
19shall be made until at least 30 15 business days after receipt
20of such written notice. Such written notice, which shall be
21delivered to the registered agent of such public utility,
22railroad or pipeline owner or operator shall include the
23following information:
24 (i) The date of the proposed installation,
25 maintenance, repair, or removal and projected length of
26 time required to complete such installation, maintenance,

HB0535 Engrossed- 23 -LRB100 03783 AWJ 13788 b
1 repair or removal;
2 (ii) The manner and method of, and the detailed design
3 and construction plans that conform to the applicable
4 published and publicly available American Railway
5 Engineering and Maintenance-of-Way Association standards
6 and the published and publicly available standards for the
7 appropriate railroad for, such installation, maintenance,
8 repair, or removal;
9 (iii) The location of the proposed entry and path of
10 cable television facilities proposed to be placed,
11 repaired, maintained or removed upon the real estate or
12 right of way; and
13 (iv) The written agreement of the community antenna
14 television company to indemnify and hold harmless such
15 public utility, railroad or pipeline owner or operator from
16 the costs of any damages directly or indirectly caused by
17 the installation, maintenance, repair, operation, or
18 removal of cable television facilities. Upon request of the
19 public utility, railroad, or owner or operator of an oil,
20 petroleum product, chemical or gas pipeline, the community
21 antenna television company shall provide proof that it has
22 purchased and will maintain a policy or policies of
23 insurance in amounts sufficient to provide coverage for
24 personal injury and property damage losses caused by or
25 resulting from the installation, maintenance, repair, or
26 removal of cable television facilities. The written

HB0535 Engrossed- 24 -LRB100 03783 AWJ 13788 b
1 agreement shall provide that the community antenna
2 television company shall maintain such policies of
3 insurance in full force and effect as long as cable
4 television facilities remain on the real estate or right of
5 way; and .
6 (v) A statement, based upon information available to
7 the community antenna television company, confirming that
8 the proposed installation, maintenance, repair, or removal
9 does not create a dangerous condition or threaten public or
10 employee safety and will not adversely impact railroad
11 operations or disrupt vital transportation services.
12 For purposes of this subsection (f), and only in the case
13of real estate or rights-of-way in possession of or in control
14of a railroad, "community antenna television company" includes
15a holder, cable operator, or broadband service provider, as
16those terms are defined in Section 21-201 of the Public
17Utilities Act.
18 Within 30 15 business days of receipt of the written prior
19notice of entry the public utility, railroad or pipeline owner
20or operator shall investigate and determine whether or not the
21proposed entry and installation or repair, maintenance, or
22removal would create a dangerous condition threatening the
23safety of the public or the safety of its employees or
24threatening to cause an interruption of the furnishing of vital
25transportation, utility or pipeline services and upon so
26finding shall so notify the community antenna television

HB0535 Engrossed- 25 -LRB100 03783 AWJ 13788 b
1company or municipality of such decision in writing. Initial
2determination of the existence of such a dangerous condition or
3interruption of services shall be made by the public utility,
4railroad or pipeline owner or operator whose real estate or
5right of way is involved. In the event that the community
6antenna television company or municipality disagrees with such
7determination, a determination of whether such entry and
8installation, maintenance, repair, or removal would create
9such a dangerous condition or interrupt services shall, upon
10application of the community antenna television company, be
11made by the Illinois Commerce Commission Transportation
12Division in accordance with the Commission's Rail Safety
13Program a court of competent jurisdiction upon the application
14of such community antenna television company or municipality.
15An initial written determination of a public utility, railroad,
16or pipeline owner or operator timely made and transmitted to
17the community antenna television company or municipality, in
18the absence of a determination by the Illinois Commerce
19Commission Transportation Division, in accordance with the
20Commission's Rail Safety Program, or a court of competent
21jurisdiction finding to the contrary, bars the entry of the
22community antenna television company or municipality upon the
23real estate or right of way for any purpose.
24 Any public utility, railroad or pipeline owner or operator
25may assert a written claim against any community antenna
26television company for just compensation within 30 days after

HB0535 Engrossed- 26 -LRB100 03783 AWJ 13788 b
1written notice has been given in accordance with this
2subparagraph (f). If, within 60 days after the receipt of such
3claim for compensation, the community antenna television
4company has not agreed to the amount claimed or some other
5amount acceptable to the public utility, railroad or pipeline
6owner or operator, the public utility, railroad or pipeline
7owner or operator may bring suit to enforce such claim for just
8compensation in any court of competent jurisdiction and, upon
9timely demand, may require that the amount of just compensation
10be determined by a jury. Any such action shall be commenced
11within 6 months of the notice provided for in this subparagraph
12(f). In any action brought to determine such just compensation,
13the public utility, railroad or pipeline owner or operator may
14submit such evidence as may be relevant to the issue of just
15compensation. Neither the assertion of a claim for compensation
16nor the initiation of legal action to enforce such claim shall
17delay or impair the right of the community antenna television
18company to construct or install cable television facilities
19upon any real estate or rights of way of any public utility,
20railroad or pipeline owner or operator.
21 To the extent that the public utility, railroad, or owner
22or operator of an oil, petroleum product, chemical or gas
23pipeline deems it appropriate to supervise, monitor or
24otherwise assist the community antenna television company in
25connection with the installation, maintenance, repair or
26removal of cable television facilities upon such real estate or

HB0535 Engrossed- 27 -LRB100 03783 AWJ 13788 b
1rights of way, the community antenna television company shall
2reimburse the public utility, railroad or owner or operator of
3an oil, petroleum product, chemical or gas pipeline for costs
4reasonable and actually incurred in connection therewith.
5 The provisions of this subparagraph (f) shall not be
6applicable to any easements, rights of way or ways for public
7service facilities in which public utilities, other than
8railroads, have any interest pursuant to "An Act to revise the
9law in relation to plats", approved March 21, 1874, as amended,
10and all ordinances enacted pursuant thereto. Such easements,
11rights of way and ways for public service facilities are hereby
12declared to be apportionable and upon written request by a
13community antenna television company, public utilities shall
14make such easements, rights of way and ways for public service
15facilities available for the construction, maintenance, repair
16or removal of cable television facilities provided that such
17construction, maintenance, repair or removal does not create a
18dangerous condition threatening the safety of the public or the
19safety of such public utility employees or threatening to cause
20an interruption of the furnishing of vital utility service.
21Initial determination of the existence of such a dangerous
22condition or interruption of services shall be made by the
23public utility whose easement, right of way or way for public
24service facility is involved. In the event the community
25antenna television company or municipality disagrees with such
26determination, a determination of whether such construction,

HB0535 Engrossed- 28 -LRB100 03783 AWJ 13788 b
1maintenance, repair or removal would create such a dangerous
2condition or threaten to interrupt vital utility services,
3shall be made by a court of competent jurisdiction upon the
4application of such community antenna television company.
5 If a municipality notifies or a municipality requires a
6developer to notify a public utility before or after issuing a
7permit or other authorization for the construction of
8residential buildings, then the municipality or developer
9shall, at the same time, similarly notify any community antenna
10television system franchised by or within that municipality.
11 In addition to such other notices as may be required by
12this subparagraph (f), a community antenna television company
13or municipality shall not enter upon the real estate or rights
14of way of any public utility, railroad or pipeline owner or
15operator for the purposes of above-ground maintenance or repair
16of its television cable facilities without giving 96 hours
17prior written notice to the registered agent of the public
18utility, railroad or pipeline owner or operator involved, or in
19the case of a public utility, notice may be given through the
20statewide one-call notice system provided for by General Order
21of the Illinois Commerce Commission or, if in Chicago, through
22the system known as the Chicago Utility Alert Network.
23(Source: P.A. 93-219, eff. 1-1-04.)
24 Section 15. The Crossing of Railroad Right-of-way Act is
25amended by changing Section 5 as follows:

HB0535 Engrossed- 29 -LRB100 03783 AWJ 13788 b
1 (220 ILCS 70/5)
2 Sec. 5. Definitions. As used in this Act, unless the
3context otherwise requires:
4 "Crossing" means the construction, operation, repair, or
5maintenance of a facility over, under, or across a railroad
6right-of-way by a utility when the right-of-way is owned by a
7land management company and not a registered rail carrier.
8 "Direct expenses" includes, but is not limited to, any or
9all of the following:
10 (1) The cost of inspecting and monitoring the crossing
11 site.
12 (2) Administrative and engineering costs for review of
13 specifications and for entering a crossing on the
14 railroad's books, maps, and property records and other
15 reasonable administrative and engineering costs incurred
16 as a result of the crossing.
17 (3) Document and preparation fees associated with a
18 crossing, and any engineering specifications related to
19 the crossing.
20 (4) Damages assessed in connection with the rights
21 granted to a utility with respect to a crossing.
22 "Facility" means any cable, conduit, wire, pipe, casing
23pipe, supporting poles and guys, manhole, or other material or
24equipment, that is used by a utility to furnish any of the
25following:

HB0535 Engrossed- 30 -LRB100 03783 AWJ 13788 b
1 (1) Communications, video, or information services.
2 (2) Electricity.
3 (3) Gas by piped system.
4 (4) Sanitary and storm sewer service.
5 (5) Water by piped system.
6 "Land management company" means an entity that is the
7owner, manager, or agent of a railroad right-of-way and is not
8a registered rail carrier.
9 "Railroad right-of-way" means one or more of the following:
10 (1) A right-of-way or other interest in real estate
11 that is owned or operated by a land management company and
12 not a registered rail carrier.
13 (2) Any other interest in a former railroad
14 right-of-way that has been acquired or is operated by a
15 land management company or similar entity.
16 "Special circumstances" means either or both of the
17following:
18 (1) The characteristics of a segment of a railroad
19 right-of-way not found in a typical segment of a railroad
20 right-of-way that enhance the value or increase the damages
21 or the engineering or construction expenses for the land
22 management company associated with a proposed crossing, or
23 to the current or reasonably anticipated use by a land
24 management company of the railroad right-of-way,
25 necessitating additional terms and conditions or
26 compensation associated with a crossing.

HB0535 Engrossed- 31 -LRB100 03783 AWJ 13788 b
1 (2) Variances from the standard specifications
2 requested by the land management company.
3 "Special circumstances" may include, but is not limited to,
4the railroad right-of-way segment's relationship to other
5property, location in urban or other developed areas, the
6existence of unique topography or natural resources, or other
7characteristics or dangers inherent in the particular crossing
8or segment of the railroad right-of-way.
9 "Utility" shall include (1) public utilities as defined in
10Section 3-105 of the Public Utilities Act, (2)
11telecommunications carriers as defined in Section 13-202 of the
12Public Utilities Act, (3) electric cooperatives as defined in
13Section 3.4 of the Electric Supplier Act, (4) telephone or
14telecommunications cooperatives as defined in Section 13-212
15of the Public Utilities Act, (5) rural water or waste water
16systems with 10,000 connections or less, (6) a holder as
17defined in Section 21-201 of the Public Utilities Act, (7)
18municipalities owning or operating utility systems consisting
19of public utilities as that term is defined in Section 11-117-2
20of the Illinois Municipal Code, and (8) a cable operator that
21is issued a cable television franchise by the municipality or
22county pursuant to Section 11-42-11 of the Illinois Municipal
23Code or Section 5-1095 of the Counties Code, and (9) a provider
24of broadband service as that term is defined in Section 21-201
25of the Public Utilities Act.
26(Source: P.A. 99-525, eff. 6-30-16.)

HB0535 Engrossed- 32 -LRB100 03783 AWJ 13788 b
1 Section 20. The Illinois Vehicle Code is amended by
2changing Section 18c-7401 as follows:
3 (625 ILCS 5/18c-7401) (from Ch. 95 1/2, par. 18c-7401)
4 Sec. 18c-7401. Safety Requirements for Track, Facilities,
5and Equipment.
6 (1) General Requirements. Each rail carrier shall,
7consistent with rules, orders, and regulations of the Federal
8Railroad Administration, construct, maintain, and operate all
9of its equipment, track, and other property in this State in
10such a manner as to pose no undue risk to its employees or the
11person or property of any member of the public.
12 (2) Adoption of Federal Standards. The track safety
13standards and accident/incident standards promulgated by the
14Federal Railroad Administration shall be safety standards of
15the Commission. The Commission may, in addition, adopt by
16reference in its regulations other federal railroad safety
17standards, whether contained in federal statutes or in
18regulations adopted pursuant to such statutes.
19 (3) Railroad Crossings. No public road, highway, or street
20shall hereafter be constructed across the track of any rail
21carrier at grade, nor shall the track of any rail carrier be
22constructed across a public road, highway or street at grade,
23without having first secured the permission of the Commission;
24provided, that this Section shall not apply to the replacement

HB0535 Engrossed- 33 -LRB100 03783 AWJ 13788 b
1of lawfully existing roads, highways and tracks. No public
2pedestrian bridge or subway shall be constructed across the
3track of any rail carrier without having first secured the
4permission of the Commission. The Commission shall have the
5right to refuse its permission or to grant it upon such terms
6and conditions as it may prescribe. The Commission shall have
7power to determine and prescribe the manner, including the
8particular point of crossing, and the terms of installation,
9operation, maintenance, use and protection of each such
10crossing.
11 The Commission shall also have power, after a hearing, to
12require major alteration of or to abolish any crossing,
13heretofore or hereafter established, when in its opinion, the
14public safety requires such alteration or abolition, and,
15except in cities, villages and incorporated towns of 1,000,000
16or more inhabitants, to vacate and close that part of the
17highway on such crossing altered or abolished and cause
18barricades to be erected across such highway in such manner as
19to prevent the use of such crossing as a highway, when, in the
20opinion of the Commission, the public convenience served by the
21crossing in question is not such as to justify the further
22retention thereof; or to require a separation of grades, at
23railroad-highway grade crossings; or to require a separation of
24grades at any proposed crossing where a proposed public highway
25may cross the tracks of any rail carrier or carriers; and to
26prescribe, after a hearing of the parties, the terms upon which

HB0535 Engrossed- 34 -LRB100 03783 AWJ 13788 b
1such separations shall be made and the proportion in which the
2expense of the alteration or abolition of such crossings or the
3separation of such grades, having regard to the benefits, if
4any, accruing to the rail carrier or any party in interest,
5shall be divided between the rail carrier or carriers affected,
6or between such carrier or carriers and the State, county,
7municipality or other public authority in interest. However, a
8public hearing by the Commission to abolish a crossing shall
9not be required when the public highway authority in interest
10vacates the highway. In such instance the rail carrier,
11following notification to the Commission and the highway
12authority, shall remove any grade crossing warning devices and
13the grade crossing surface.
14 The Commission shall also have power by its order to
15require the reconstruction, minor alteration, minor relocation
16or improvement of any crossing (including the necessary highway
17approaches thereto) of any railroad across any highway or
18public road, pedestrian bridge, or pedestrian subway, whether
19such crossing be at grade or by overhead structure or by
20subway, whenever the Commission finds after a hearing or
21without a hearing as otherwise provided in this paragraph that
22such reconstruction, alteration, relocation or improvement is
23necessary to preserve or promote the safety or convenience of
24the public or of the employees or passengers of such rail
25carrier or carriers. By its original order or supplemental
26orders in such case, the Commission may direct such

HB0535 Engrossed- 35 -LRB100 03783 AWJ 13788 b
1reconstruction, alteration, relocation, or improvement to be
2made in such manner and upon such terms and conditions as may
3be reasonable and necessary and may apportion the cost of such
4reconstruction, alteration, relocation or improvement and the
5subsequent maintenance thereof, having regard to the benefits,
6if any, accruing to the railroad or any party in interest,
7between the rail carrier or carriers and public utilities
8affected, or between such carrier or carriers and public
9utilities and the State, county, municipality or other public
10authority in interest. The cost to be so apportioned shall
11include the cost of changes or alterations in the equipment of
12public utilities affected as well as the cost of the
13relocation, diversion or establishment of any public highway,
14made necessary by such reconstruction, alteration, relocation
15or improvement of said crossing. A hearing shall not be
16required in those instances when the Commission enters an order
17confirming a written stipulation in which the Commission, the
18public highway authority or other public authority in interest,
19the rail carrier or carriers affected, and in instances
20involving the use of the Grade Crossing Protection Fund, the
21Illinois Department of Transportation, agree on the
22reconstruction, alteration, relocation, or improvement and the
23subsequent maintenance thereof and the division of costs of
24such changes of any grade crossing (including the necessary
25highway approaches thereto) of any railroad across any highway,
26pedestrian bridge, or pedestrian subway.

HB0535 Engrossed- 36 -LRB100 03783 AWJ 13788 b
1 Every rail carrier operating in the State of Illinois shall
2construct and maintain every highway crossing over its tracks
3within the State so that the roadway at the intersection shall
4be as flush with the rails as superelevated curves will allow,
5and, unless otherwise ordered by the Commission, shall
6construct and maintain the approaches thereto at a grade of not
7more than 5% within the right of way for a distance of not less
8the 6 feet on each side of the centerline of such tracks;
9provided, that the grades at the approaches may be maintained
10in excess of 5% only when authorized by the Commission.
11 Every rail carrier operating within this State shall remove
12from its right of way at all railroad-highway grade crossings
13within the State, such brush, shrubbery, and trees as is
14reasonably practical for a distance of not less than 500 feet
15in either direction from each grade crossing. The Commission
16shall have power, upon its own motion, or upon complaint, and
17after having made proper investigation, to require the
18installation of adequate and appropriate luminous reflective
19warning signs, luminous flashing signals, crossing gates
20illuminated at night, or other protective devices in order to
21promote and safeguard the health and safety of the public.
22Luminous flashing signal or crossing gate devices installed at
23grade crossings, which have been approved by the Commission,
24shall be deemed adequate and appropriate. The Commission shall
25have authority to determine the number, type, and location of
26such signs, signals, gates, or other protective devices which,

HB0535 Engrossed- 37 -LRB100 03783 AWJ 13788 b
1however, shall conform as near as may be with generally
2recognized national standards, and the Commission shall have
3authority to prescribe the division of the cost of the
4installation and subsequent maintenance of such signs,
5signals, gates, or other protective devices between the rail
6carrier or carriers, the public highway authority or other
7public authority in interest, and in instances involving the
8use of the Grade Crossing Protection Fund, the Illinois
9Department of Transportation. Except where train crews provide
10flagging of the crossing to road users, yield signs shall be
11installed at all highway intersections with every grade
12crossing in this State that is not equipped with automatic
13warning devices, such as luminous flashing signals or crossing
14gate devices. A stop sign may be used in lieu of the yield sign
15when an engineering study conducted in cooperation with the
16highway authority and the Illinois Department of
17Transportation has determined that a stop sign is warranted. If
18the Commission has ordered the installation of luminous
19flashing signal or crossing gate devices at a grade crossing
20not equipped with active warning devices, the Commission shall
21order the installation of temporary stop signs at the highway
22intersection with the grade crossing unless an engineering
23study has determined that a stop sign is not appropriate. If a
24stop sign is not appropriate, the Commission may order the
25installation of other appropriate supplemental signing as
26determined by an engineering study. The temporary signs shall

HB0535 Engrossed- 38 -LRB100 03783 AWJ 13788 b
1remain in place until the luminous flashing signal or crossing
2gate devices have been installed. The rail carrier is
3responsible for the installation and subsequent maintenance of
4any required signs. The permanent signs shall be in place by
5July 1, 2011.
6 No railroad may change or modify the warning device system
7at a railroad-highway grade crossing, including warning
8systems interconnected with highway traffic control signals,
9without having first received the approval of the Commission.
10The Commission shall have the further power, upon application,
11upon its own motion, or upon complaint and after having made
12proper investigation, to require the interconnection of grade
13crossing warning devices with traffic control signals at
14highway intersections located at or near railroad crossings
15within the distances described by the State Manual on Uniform
16Traffic Control Devices adopted pursuant to Section 11-301 of
17this Code. In addition, State and local authorities may not
18install, remove, modernize, or otherwise modify traffic
19control signals at a highway intersection that is
20interconnected or proposed to be interconnected with grade
21crossing warning devices when the change affects the number,
22type, or location of traffic control devices on the track
23approach leg or legs of the intersection or the timing of the
24railroad preemption sequence of operation until the Commission
25has approved the installation, removal, modernization, or
26modification. Commission approval shall be limited to

HB0535 Engrossed- 39 -LRB100 03783 AWJ 13788 b
1consideration of issues directly affecting the public safety at
2the railroad-highway grade crossing. The electrical circuit
3devices, alternate warning devices, and preemption sequences
4shall conform as nearly as possible, considering the particular
5characteristics of the crossing and intersection area, to the
6State manual adopted by the Illinois Department of
7Transportation pursuant to Section 11-301 of this Code and such
8federal standards as are made applicable by subsection (2) of
9this Section. In order to carry out this authority, the
10Commission shall have the authority to determine the number,
11type, and location of traffic control devices on the track
12approach leg or legs of the intersection and the timing of the
13railroad preemption sequence of operation. The Commission
14shall prescribe the division of costs for installation and
15maintenance of all devices required by this paragraph between
16the railroad or railroads and the highway authority in interest
17and in instances involving the use of the Grade Crossing
18Protection Fund or a State highway, the Illinois Department of
19Transportation.
20 Any person who unlawfully or maliciously removes, throws
21down, damages or defaces any sign, signal, gate or other
22protective device, located at or near any public grade
23crossing, shall be guilty of a petty offense and fined not less
24than $50 nor more than $200 for each offense. In addition to
25fines levied under the provisions of this Section a person
26adjudged guilty hereunder may also be directed to make

HB0535 Engrossed- 40 -LRB100 03783 AWJ 13788 b
1restitution for the costs of repair or replacement, or both,
2necessitated by his misconduct.
3 It is the public policy of the State of Illinois to enhance
4public safety by establishing safe grade crossings. In order to
5implement this policy, the Illinois Commerce Commission is
6directed to conduct public hearings and to adopt specific
7criteria by July 1, 1994, that shall be adhered to by the
8Illinois Commerce Commission in determining if a grade crossing
9should be opened or abolished. The following factors shall be
10considered by the Illinois Commerce Commission in developing
11the specific criteria for opening and abolishing grade
12crossings:
13 (a) timetable speed of passenger trains;
14 (b) distance to an alternate crossing;
15 (c) accident history for the last 5 years;
16 (d) number of vehicular traffic and posted speed
17 limits;
18 (e) number of freight trains and their timetable
19 speeds;
20 (f) the type of warning device present at the grade
21 crossing;
22 (g) alignments of the roadway and railroad, and the
23 angle of intersection of those alignments;
24 (h) use of the grade crossing by trucks carrying
25 hazardous materials, vehicles carrying passengers for
26 hire, and school buses; and

HB0535 Engrossed- 41 -LRB100 03783 AWJ 13788 b
1 (i) use of the grade crossing by emergency vehicles.
2 The Illinois Commerce Commission, upon petition to open or
3abolish a grade crossing, shall enter an order opening or
4abolishing the crossing if it meets the specific criteria
5adopted by the Commission.
6 Except as otherwise provided in this subsection (3), in no
7instance shall a grade crossing be permanently closed without
8public hearing first being held and notice of such hearing
9being published in an area newspaper of local general
10circulation.
11 (4) Freight Trains - Radio Communications. The Commission
12shall after hearing and order require that every main line
13railroad freight train operating on main tracks outside of yard
14limits within this State shall be equipped with a radio
15communication system. The Commission after notice and hearing
16may grant exemptions from the requirements of this Section as
17to secondary and branch lines.
18 (5) Railroad Bridges and Trestles - Walkway and Handrail.
19In cases in which the Commission finds the same to be practical
20and necessary for safety of railroad employees, bridges and
21trestles, over and upon which railroad trains are operated,
22shall include as a part thereof, a safe and suitable walkway
23and handrail on one side only of such bridge or trestle, and
24such handrail shall be located at the outer edge of the walkway
25and shall provide a clearance of not less than 8 feet, 6
26inches, from the center line of the nearest track, measured at

HB0535 Engrossed- 42 -LRB100 03783 AWJ 13788 b
1right angles thereto.
2 (6) Packages Containing Articles for First Aid to Injured
3on Trains.
4 (a) All rail carriers shall provide a first aid kit
5 that contains, at a minimum, those articles prescribed by
6 the Commission, on each train or engine, for first aid to
7 persons who may be injured in the course of the operation
8 of such trains.
9 (b) A vehicle, excluding a taxi cab used in an
10 emergency situation, operated by a contract carrier
11 transporting railroad employees in the course of their
12 employment shall be equipped with a readily available first
13 aid kit that contains, as a minimum, the same articles that
14 are required on each train or engine.
15 (7) Abandoned Bridges, Crossings, and Other Rail Plant. The
16Commission shall have authority, after notice and hearing, to
17order:
18 (a) The removal of any abandoned railroad tracks from
19 roads, streets or other thoroughfares in this State; and
20 (b) The removal of abandoned overhead railroad
21 structures crossing highways, waterways, or railroads.
22 The Commission may equitably apportion the cost of such
23actions between the rail carrier or carriers, public utilities,
24and the State, county, municipality, township, road district,
25or other public authority in interest.
26 (8) Railroad-Highway Bridge Clearance. A vertical

HB0535 Engrossed- 43 -LRB100 03783 AWJ 13788 b
1clearance of not less than 23 feet above the top of rail shall
2be provided for all new or reconstructed highway bridges
3constructed over a railroad track. The Commission may permit a
4lesser clearance if it determines that the 23 foot clearance
5standard cannot be justified based on engineering,
6operational, and economic conditions.
7 (9) Right of Access To Railroad Property.
8 (a) A community antenna television company franchised
9 by a municipality or county pursuant to the Illinois
10 Municipal Code or the Counties Code, respectively, shall
11 not enter upon any real estate or rights-of-way in the
12 possession or control of a railroad subject to the
13 jurisdiction of the Illinois Commerce Commission unless
14 the community antenna television company first complies
15 with the applicable provisions of subparagraph (f) of
16 Section 11-42-11.1 of the Illinois Municipal Code or
17 subparagraph (f) of Section 5-1096 of the Counties Code.
18 (b) Notwithstanding any provision of law to the
19 contrary, this subsection (9) applies to all entries of
20 railroad rights-of-way involving a railroad subject to the
21 jurisdiction of the Illinois Commerce Commission by a
22 community antenna television company and shall govern in
23 the event of any conflict with any other provision of law.
24 (c) This subsection (9) applies to any entry upon any
25 real estate or right-of-way in the possession or control of
26 a railroad subject to the jurisdiction of the Illinois

HB0535 Engrossed- 44 -LRB100 03783 AWJ 13788 b
1 Commerce Commission for the purpose of or in connection
2 with the construction, or installation of a community
3 antenna television company's system or facilities
4 commenced or renewed on or after the effective date of this
5 amendatory Act of the 100th General Assembly.
6 (d) Nothing in this amendatory Act of the 100th General
7 Assembly shall be construed to prevent a railroad from
8 negotiating other terms and conditions or the resolution of
9 any dispute in relation to an entry upon or right of access
10 as set forth in this subsection (9).
11 (e) For purposes of this subsection (9):
12 "Broadband service", "cable operator", and "holder"
13 have the meanings given to those terms under Section 21-201
14 of the Public Utilities Act.
15 "Community antenna television company" includes, in
16 the case of real estate or rights-of-way in possession of
17 or in control of a railroad, a holder, cable operator, or
18 broadband service provider.
19 (f) Beginning on the effective date this amendatory Act
20 of the 100th General Assembly, the Transportation Division
21 of the Illinois Commerce Commission shall include in its
22 annual Crossing Safety Improvement Program report a brief
23 description of the number of cases decided by the Illinois
24 Commerce Commission and the number of cases that remain
25 pending before the Illinois Commerce Commission under this
26 subsection (9) for the period covered by the report.

HB0535 Engrossed- 45 -LRB100 03783 AWJ 13788 b
1(Source: P.A. 96-470, eff. 8-14-09; 97-374, eff. 1-1-12.)
2 Section 99. Effective date. This Act takes effect upon
3becoming law.
feedback