Illinois 2023 2023-2024 Regular Session

Illinois House Bill HB2871 Introduced / Bill

Filed 02/16/2023

                    103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2871 Introduced , by Rep. Robert "Bob" Rita SYNOPSIS AS INTRODUCED:   605 ILCS 5/9-113 from Ch. 121, par. 9-113   Amends the Illinois Highway Code. Provides that the Department of Transportation must grant a request for initial or subsequent installation or removal of automated traffic law enforcement system equipment within 60 days after the Department's receipt of the request, if the location, placement, or construction of the equipment conforms with the federal Manual on Uniform Traffic Control Devices adopted by the Department.  LRB103 25482 HEP 51831 b   A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2871 Introduced , by Rep. Robert "Bob" Rita SYNOPSIS AS INTRODUCED:  605 ILCS 5/9-113 from Ch. 121, par. 9-113 605 ILCS 5/9-113 from Ch. 121, par. 9-113 Amends the Illinois Highway Code. Provides that the Department of Transportation must grant a request for initial or subsequent installation or removal of automated traffic law enforcement system equipment within 60 days after the Department's receipt of the request, if the location, placement, or construction of the equipment conforms with the federal Manual on Uniform Traffic Control Devices adopted by the Department.  LRB103 25482 HEP 51831 b     LRB103 25482 HEP 51831 b   A BILL FOR
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2871 Introduced , by Rep. Robert "Bob" Rita SYNOPSIS AS INTRODUCED:
605 ILCS 5/9-113 from Ch. 121, par. 9-113 605 ILCS 5/9-113 from Ch. 121, par. 9-113
605 ILCS 5/9-113 from Ch. 121, par. 9-113
Amends the Illinois Highway Code. Provides that the Department of Transportation must grant a request for initial or subsequent installation or removal of automated traffic law enforcement system equipment within 60 days after the Department's receipt of the request, if the location, placement, or construction of the equipment conforms with the federal Manual on Uniform Traffic Control Devices adopted by the Department.
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    LRB103 25482 HEP 51831 b
A BILL FOR
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1  AN ACT concerning transportation.
2  Be it enacted by the People of the State of Illinois,
3  represented in the General Assembly:
4  Section 5. The Illinois Highway Code is amended by
5  changing Section 9-113 as follows:
6  (605 ILCS 5/9-113) (from Ch. 121, par. 9-113)
7  Sec. 9-113.  (a) No ditches, drains, track, rails, poles,
8  wires, pipe line or other equipment of any public utility
9  company, municipal corporation or other public or private
10  corporation, association or person shall be located, placed or
11  constructed upon, under or along any highway, or upon any
12  township or district road, without first obtaining the written
13  consent of the appropriate highway authority as hereinafter
14  provided for in this Section.
15  (b) The State and county highway authorities are
16  authorized to promulgate reasonable and necessary rules,
17  regulations, and specifications for highways for the
18  administration of this Section. In addition to rules
19  promulgated under this subsection (b), the State highway
20  authority shall and a county highway authority may adopt
21  coordination strategies and practices designed and intended to
22  establish and implement effective communication respecting
23  planned highway projects that the State or county highway

 

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2871 Introduced , by Rep. Robert "Bob" Rita SYNOPSIS AS INTRODUCED:
605 ILCS 5/9-113 from Ch. 121, par. 9-113 605 ILCS 5/9-113 from Ch. 121, par. 9-113
605 ILCS 5/9-113 from Ch. 121, par. 9-113
Amends the Illinois Highway Code. Provides that the Department of Transportation must grant a request for initial or subsequent installation or removal of automated traffic law enforcement system equipment within 60 days after the Department's receipt of the request, if the location, placement, or construction of the equipment conforms with the federal Manual on Uniform Traffic Control Devices adopted by the Department.
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    LRB103 25482 HEP 51831 b
A BILL FOR

 

 

605 ILCS 5/9-113 from Ch. 121, par. 9-113



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1  authority believes may require removal, relocation, or
2  modification in accordance with subsection (f) of this
3  Section. The strategies and practices adopted shall include
4  but need not be limited to the delivery of 5 year programs,
5  annual programs, and the establishment of coordination
6  councils in the locales and with the utility participation
7  that will best facilitate and accomplish the requirements of
8  the State and county highway authority acting under subsection
9  (f) of this Section. The utility participation shall include
10  assisting the appropriate highway authority in establishing a
11  schedule for the removal, relocation, or modification of the
12  owner's facilities in accordance with subsection (f) of this
13  Section. In addition, each utility shall designate in writing
14  to the Secretary of Transportation or his or her designee an
15  agent for notice and the delivery of programs. The
16  coordination councils must be established on or before January
17  1, 2002. The 90 day deadline for removal, relocation, or
18  modification of the ditches, drains, track, rails, poles,
19  wires, pipe line, or other equipment in subsection (f) of this
20  Section shall be enforceable upon the establishment of a
21  coordination council in the district or locale where the
22  property in question is located. The coordination councils
23  organized by a county highway authority shall include the
24  county engineer, the County Board Chairman or his or her
25  designee, and with such utility participation as will best
26  facilitate and accomplish the requirements of a highway

 

 

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1  authority acting under subsection (f) of this Section. Should
2  a county highway authority decide not to establish
3  coordination councils, the 90 day deadline for removal,
4  relocation, or modification of the ditches, drains, track,
5  rails, poles, wires, pipe line, or other equipment in
6  subsection (f) of this Section shall be waived for those
7  highways.
8  (c) In the case of non-toll federal-aid fully
9  access-controlled State highways, the State highway authority
10  shall not grant consent to the location, placement or
11  construction of ditches, drains, track, rails, poles, wires,
12  pipe line or other equipment upon, under or along any such
13  non-toll federal-aid fully access-controlled State highway,
14  which:
15  (1) would require cutting the pavement structure
16  portion of such highway for installation or, except in the
17  event of an emergency, would require the use of any part of
18  such highway right-of-way for purposes of maintenance or
19  repair. Where, however, the State highway authority
20  determines prior to installation that there is no other
21  access available for maintenance or repair purposes, use
22  by the entity of such highway right-of-way shall be
23  permitted for such purposes in strict accordance with the
24  rules, regulations and specifications of the State highway
25  authority, provided however, that except in the case of
26  access to bridge structures, in no such case shall an

 

 

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1  entity be permitted access from the through-travel lanes,
2  shoulders or ramps of the non-toll federal-aid fully
3  access-controlled State highway to maintain or repair its
4  accommodation; or
5  (2) would in the judgment of the State highway
6  authority, endanger or impair any such ditches, drains,
7  track, rails, poles, wires, pipe lines or other equipment
8  already in place; or
9  (3) would, if installed longitudinally within the
10  access control lines of such highway, be above ground
11  after installation except that the State highway authority
12  may consent to any above ground installation upon, under
13  or along any bridge, interchange or grade separation
14  within the right-of-way which installation is otherwise in
15  compliance with this Section and any rules, regulations or
16  specifications issued hereunder; or
17  (4) would be inconsistent with Federal law or with
18  rules, regulations or directives of appropriate Federal
19  agencies.
20  (d) In the case of accommodations upon, under or along
21  non-toll federal-aid fully access-controlled State highways
22  the State highway authority may charge an entity reasonable
23  compensation for the right of that entity to longitudinally
24  locate, place or construct ditches, drains, track, rails,
25  poles, wires, pipe line or other equipment upon, under or
26  along such highway. Such compensation may include in-kind

 

 

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1  compensation.
2  Where the entity applying for use of a non-toll
3  federal-aid fully access-controlled State highway right-of-way
4  is a public utility company, municipal corporation or other
5  public or private corporation, association or person, such
6  compensation shall be based upon but shall not exceed a
7  reasonable estimate by the State highway authority of the fair
8  market value of an easement or leasehold for such use of the
9  highway right-of-way. Where the State highway authority
10  determines that the applied-for use of such highway
11  right-of-way is for private land uses by an individual and not
12  for commercial purposes, the State highway authority may
13  charge a lesser fee than would be charged a public utility
14  company, municipal corporation or other public or private
15  corporation or association as compensation for the use of the
16  non-toll federal-aid fully access-controlled State highway
17  right-of-way. In no case shall the written consent of the
18  State highway authority give or be construed to give any
19  entity any easement, leasehold or other property interest of
20  any kind in, upon, under, above or along the non-toll
21  federal-aid fully access-controlled State highway
22  right-of-way.
23  Where the compensation from any entity is in whole or in
24  part a fee, such fee may be reasonably set, at the election of
25  the State highway authority, in the form of a single lump sum
26  payment or a schedule of payments. All such fees charged as

 

 

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1  compensation may be reviewed and adjusted upward by the State
2  highway authority once every 5 years provided that any such
3  adjustment shall be based on changes in the fair market value
4  of an easement or leasehold for such use of the non-toll
5  federal-aid fully access-controlled State highway
6  right-of-way. All such fees received as compensation by the
7  State highway authority shall be deposited in the Road Fund.
8  (e) Any entity applying for consent shall submit such
9  information in such form and detail to the appropriate highway
10  authority as to allow the authority to evaluate the entity's
11  application. In the case of accommodations upon, under or
12  along non-toll federal-aid fully access-controlled State
13  highways the entity applying for such consent shall reimburse
14  the State highway authority for all of the authority's
15  reasonable expenses in evaluating that entity's application,
16  including but not limited to engineering and legal fees.
17  (f) Any ditches, drains, track, rails, poles, wires, pipe
18  line, or other equipment located, placed, or constructed upon,
19  under, or along a highway with the consent of the State or
20  county highway authority under this Section shall, upon
21  written notice by the State or county highway authority be
22  removed, relocated, or modified by the owner, the owner's
23  agents, contractors, or employees at no expense to the State
24  or county highway authority when and as deemed necessary by
25  the State or county highway authority for highway or highway
26  safety purposes. The notice shall be properly given after the

 

 

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1  completion of engineering plans, the receipt of the necessary
2  permits issued by the appropriate State and county highway
3  authority to begin work, and the establishment of sufficient
4  rights-of-way for a given utility authorized by the State or
5  county highway authority to remain on the highway right-of-way
6  such that the unit of local government or other owner of any
7  facilities receiving notice in accordance with this subsection
8  (f) can proceed with relocating, replacing, or reconstructing
9  the ditches, drains, track, rails, poles, wires, pipe line, or
10  other equipment. If a permit application to relocate on a
11  public right-of-way is not filed within 15 days of the receipt
12  of final engineering plans, the notice precondition of a
13  permit to begin work is waived. However, under no
14  circumstances shall this notice provision be construed to
15  require the State or any government department or agency to
16  purchase additional rights-of-way to accommodate utilities.
17  If, within 90 days after receipt of such written notice, the
18  ditches, drains, track, rails, poles, wires, pipe line, or
19  other equipment have not been removed, relocated, or modified
20  to the reasonable satisfaction of the State or county highway
21  authority, or if arrangements are not made satisfactory to the
22  State or county highway authority for such removal,
23  relocation, or modification, the State or county highway
24  authority may remove, relocate, or modify such ditches,
25  drains, track, rails, poles, wires, pipe line, or other
26  equipment and bill the owner thereof for the total cost of such

 

 

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1  removal, relocation, or modification. The scope of the project
2  shall be taken into consideration by the State or county
3  highway authority in determining satisfactory arrangements.
4  The State or county highway authority shall determine the
5  terms of payment of those costs provided that all costs billed
6  by the State or county highway authority shall not be made
7  payable over more than a 5 year period from the date of
8  billing. The State and county highway authority shall have the
9  power to extend the time of payment in cases of demonstrated
10  financial hardship by a unit of local government or other
11  public owner of any facilities removed, relocated, or modified
12  from the highway right-of-way in accordance with this
13  subsection (f). This paragraph shall not be construed to
14  prohibit the State or county highway authority from paying any
15  part of the cost of removal, relocation, or modification where
16  such payment is otherwise provided for by State or federal
17  statute or regulation. At any time within 90 days after
18  written notice was given, the owner of the drains, track,
19  rails, poles, wires, pipe line, or other equipment may request
20  the district engineer or, if appropriate, the county engineer
21  for a waiver of the 90 day deadline. The appropriate district
22  or county engineer shall make a decision concerning waiver
23  within 10 days of receipt of the request and may waive the 90
24  day deadline if he or she makes a written finding as to the
25  reasons for waiving the deadline. Reasons for waiving the
26  deadline shall be limited to acts of God, war, the scope of the

 

 

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1  project, the State failing to follow the proper notice
2  procedure, and any other cause beyond reasonable control of
3  the owner of the facilities. Waiver must not be unreasonably
4  withheld. If 90 days after written notice was given, the
5  ditches, drains, track, rails, poles, wires, pipe line, or
6  other equipment have not been removed, relocated, or modified
7  to the satisfaction of the State or county highway authority,
8  no waiver of deadline has been requested or issued by the
9  appropriate district or county engineer, and no satisfactory
10  arrangement has been made with the appropriate State or county
11  highway authority, the State or county highway authority or
12  the general contractor of the building project may file a
13  complaint in the circuit court for an emergency order to
14  direct and compel the owner to remove, relocate, or modify the
15  drains, track, rails, poles, wires, pipe line, or other
16  equipment to the satisfaction of the appropriate highway
17  authority. The complaint for an order shall be brought in the
18  circuit in which the subject matter of the complaint is
19  situated or, if the subject matter of the complaint is
20  situated in more than one circuit, in any one of those
21  circuits.
22  (g) It shall be the sole responsibility of the entity,
23  without expense to the State highway authority, to maintain
24  and repair its ditches, drains, track, rails, poles, wires,
25  pipe line or other equipment after it is located, placed or
26  constructed upon, under or along any State highway and in no

 

 

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1  case shall the State highway authority thereafter be liable or
2  responsible to the entity for any damages or liability of any
3  kind whatsoever incurred by the entity or to the entity's
4  ditches, drains, track, rails, poles, wires, pipe line or
5  other equipment.
6  (h) Except as provided in subsection (h-1), upon receipt
7  of an application therefor, consent to so use a highway may be
8  granted subject to such terms and conditions not inconsistent
9  with this Code as the highway authority deems for the best
10  interest of the public. The terms and conditions required by
11  the appropriate highway authority may include but need not be
12  limited to participation by the party granted consent in the
13  strategies and practices adopted under subsection (b) of this
14  Section. The petitioner shall pay to the owners of property
15  abutting upon the affected highways established as though by
16  common law plat all damages the owners may sustain by reason of
17  such use of the highway, such damages to be ascertained and
18  paid in the manner provided by law for the exercise of the
19  right of eminent domain.
20  (h-1) With regard to any public utility, as defined in
21  Section 3-105 of the Public Utilities Act, engaged in public
22  water or public sanitary sewer service that comes under the
23  jurisdiction of the Illinois Commerce Commission, upon receipt
24  of an application therefor, consent to so use a highway may be
25  granted subject to such terms and conditions not inconsistent
26  with this Code as the highway authority deems for the best

 

 

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1  interest of the public. The terms and conditions required by
2  the appropriate highway authority may include but need not be
3  limited to participation by the party granted consent in the
4  strategies and practices adopted under subsection (b) of this
5  Section. If the highway authority does not have fee ownership
6  of the property, the petitioner shall pay to the owners of
7  property located in the highway right-of-way all damages the
8  owners may sustain by reason of such use of the highway, such
9  damages to be ascertained and paid in the manner provided by
10  law for the exercise of the right of eminent domain. The
11  consent shall not otherwise relieve the entity granted that
12  consent from obtaining by purchase, condemnation, or otherwise
13  the necessary approval of any owner of the fee over or under
14  which the highway or road is located, except to the extent that
15  no such owner has paid real estate taxes on the property for
16  the 2 years prior to the grant of the consent. Owners of
17  property that abuts the right-of-way but who acquired the
18  property through a conveyance that either expressly excludes
19  the property subject to the right-of-way or that describes the
20  property conveyed as ending at the right-of-way or being
21  bounded by the right-of-way or road shall not be considered
22  owners of property located in the right-of-way and shall not
23  be entitled to damages by reason of the use of the highway or
24  road for utility purposes, except that this provision shall
25  not relieve the public utility from the obligation to pay for
26  any physical damage it causes to improvements lawfully located

 

 

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1  in the right-of-way. Owners of abutting property whose
2  descriptions include the right-of-way but are made subject to
3  the right-of-way shall be entitled to compensation for use of
4  the right-of-way. If the property subject to the right-of-way
5  is not owned by the owners of the abutting property (either
6  because it is expressly excluded from the property conveyed to
7  an abutting property owner or the property as conveyed ends at
8  or is bounded by the right-of-way or road), then the
9  petitioner shall pay any damages, as so calculated, to the
10  person or persons who have paid real estate taxes for the
11  property as reflected in the county tax records. If no person
12  has paid real estate taxes, then the public interest permits
13  the installation of the facilities without payment of any
14  damages. This provision of this amendatory Act of the 93rd
15  General Assembly is intended to clarify, by codification,
16  existing law and is not intended to change the law.
17  (i) Such consent shall be granted by the Department in the
18  case of a State highway; by the county board or its designated
19  county superintendent of highways in the case of a county
20  highway; by either the highway commissioner or the county
21  superintendent of highways in the case of a township or
22  district road, provided that if consent is granted by the
23  highway commissioner, the petition shall be filed with the
24  commissioner at least 30 days prior to the proposed date of the
25  beginning of construction, and that if written consent is not
26  given by the commissioner within 30 days after receipt of the

 

 

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1  petition, the applicant may make written application to the
2  county superintendent of highways for consent to the
3  construction. In the case of township roads, the county
4  superintendent of highways may either grant consent for the
5  construction or deny the application. The county
6  superintendent of highways shall provide written confirmation,
7  citing the basis of the decision, to both the highway
8  commissioner and the applicant. This Section does not vitiate,
9  extend or otherwise affect any consent granted in accordance
10  with law prior to the effective date of this Code to so use any
11  highway.
12  (j) Nothing in this Section shall limit the right of a
13  highway authority to permit the location, placement or
14  construction or any ditches, drains, track, rails, poles,
15  wires, pipe line or other equipment upon, under or along any
16  highway or road as a part of its highway or road facilities or
17  which the highway authority determines is necessary to service
18  facilities required for operating the highway or road,
19  including rest areas and weigh stations.
20  (k) Paragraphs (c) and (d) of this Section shall not apply
21  to any accommodation located, placed or constructed with the
22  consent of the State highway authority upon, under or along
23  any non-toll federal-aid fully access-controlled State highway
24  prior to July 1, 1984, provided that accommodation was
25  otherwise in compliance with the rules, regulations and
26  specifications of the State highway authority.

 

 

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1  (l) Except as provided in subsection (l-1), the consent to
2  be granted pursuant to this Section by the appropriate highway
3  authority shall be effective only to the extent of the
4  property interest of the State or government unit served by
5  that highway authority. Such consent shall not be binding on
6  any owner of the fee over or under which the highway or road is
7  located and shall not otherwise relieve the entity granted
8  that consent from obtaining by purchase, condemnation or
9  otherwise the necessary approval of any owner of the fee over
10  or under which the highway or road is located. This paragraph
11  shall not be construed as a limitation on the use for highway
12  or road purposes of the land or other property interests
13  acquired by the public for highway or road purposes, including
14  the space under or above such right-of-way.
15  (l-1) With regard to any public utility, as defined in
16  Section 3-105 of the Public Utilities Act, engaged in public
17  water or public sanitary sewer service that comes under the
18  jurisdiction of the Illinois Commerce Commission, the consent
19  to be granted pursuant to this Section by the appropriate
20  highway authority shall be effective only to the extent of the
21  property interest of the State or government unit served by
22  that highway authority. Such consent shall not be binding on
23  any owner of the fee over or under which the highway or road is
24  located but shall be binding on any abutting property owner
25  whose property boundary ends at the right-of-way of the
26  highway or road. For purposes of the preceding sentence,

 

 

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1  property that includes a portion of a highway or road but is
2  subject to the highway or road shall not be considered to end
3  at the highway or road. The consent shall not otherwise
4  relieve the entity granted that consent from obtaining by
5  purchase, condemnation or otherwise the necessary approval of
6  any owner of the fee over or under which the highway or road is
7  located, except to the extent that no such owner has paid real
8  estate taxes on the property for the 2 years prior to the grant
9  of the consent. This provision is not intended to absolve a
10  utility from obtaining consent from a lawful owner of the
11  roadway or highway property (i.e. a person whose deed of
12  conveyance lawfully includes the property, whether or not made
13  subject to the highway or road) but who does not pay taxes by
14  reason of Division 6 of Article 10 of the Property Tax Code.
15  This paragraph shall not be construed as a limitation on the
16  use for highway or road purposes of the land or other property
17  interests acquired by the public for highway or road purposes,
18  including the space under or above such right-of-way.
19  (l-5) The Department of Transportation must grant a
20  request for initial or subsequent installation or removal of
21  automated traffic law enforcement system equipment pursuant to
22  Section 11-208.6 of the Illinois Vehicle Code within 60 days
23  after the Department's receipt of the request, if the
24  location, placement, or construction of the equipment conforms
25  with the federal Manual on Uniform Traffic Control Devices
26  adopted by the Department.

 

 

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1  (m) The provisions of this Section apply to all permits
2  issued by the Department of Transportation and the appropriate
3  State or county highway authority.
4  (Source: P.A. 102-449, eff. 1-1-22.)

 

 

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