IL
Illinois House Bill HB2871

Illinois 2023-2024 Regular Session

Illinois House Bill HB2871 Compare Versions

Only one version of the bill is available at this time.
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11 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
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2871 Introduced , by Rep. Robert "Bob" Rita SYNOPSIS AS INTRODUCED:
33 605 ILCS 5/9-113 from Ch. 121, par. 9-113 605 ILCS 5/9-113 from Ch. 121, par. 9-113
44 605 ILCS 5/9-113 from Ch. 121, par. 9-113
55 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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1111 1 AN ACT concerning transportation.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 5. The Illinois Highway Code is amended by
1515 5 changing Section 9-113 as follows:
1616 6 (605 ILCS 5/9-113) (from Ch. 121, par. 9-113)
1717 7 Sec. 9-113. (a) No ditches, drains, track, rails, poles,
1818 8 wires, pipe line or other equipment of any public utility
1919 9 company, municipal corporation or other public or private
2020 10 corporation, association or person shall be located, placed or
2121 11 constructed upon, under or along any highway, or upon any
2222 12 township or district road, without first obtaining the written
2323 13 consent of the appropriate highway authority as hereinafter
2424 14 provided for in this Section.
2525 15 (b) The State and county highway authorities are
2626 16 authorized to promulgate reasonable and necessary rules,
2727 17 regulations, and specifications for highways for the
2828 18 administration of this Section. In addition to rules
2929 19 promulgated under this subsection (b), the State highway
3030 20 authority shall and a county highway authority may adopt
3131 21 coordination strategies and practices designed and intended to
3232 22 establish and implement effective communication respecting
3333 23 planned highway projects that the State or county highway
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3737 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2871 Introduced , by Rep. Robert "Bob" Rita SYNOPSIS AS INTRODUCED:
3838 605 ILCS 5/9-113 from Ch. 121, par. 9-113 605 ILCS 5/9-113 from Ch. 121, par. 9-113
3939 605 ILCS 5/9-113 from Ch. 121, par. 9-113
4040 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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6868 1 authority believes may require removal, relocation, or
6969 2 modification in accordance with subsection (f) of this
7070 3 Section. The strategies and practices adopted shall include
7171 4 but need not be limited to the delivery of 5 year programs,
7272 5 annual programs, and the establishment of coordination
7373 6 councils in the locales and with the utility participation
7474 7 that will best facilitate and accomplish the requirements of
7575 8 the State and county highway authority acting under subsection
7676 9 (f) of this Section. The utility participation shall include
7777 10 assisting the appropriate highway authority in establishing a
7878 11 schedule for the removal, relocation, or modification of the
7979 12 owner's facilities in accordance with subsection (f) of this
8080 13 Section. In addition, each utility shall designate in writing
8181 14 to the Secretary of Transportation or his or her designee an
8282 15 agent for notice and the delivery of programs. The
8383 16 coordination councils must be established on or before January
8484 17 1, 2002. The 90 day deadline for removal, relocation, or
8585 18 modification of the ditches, drains, track, rails, poles,
8686 19 wires, pipe line, or other equipment in subsection (f) of this
8787 20 Section shall be enforceable upon the establishment of a
8888 21 coordination council in the district or locale where the
8989 22 property in question is located. The coordination councils
9090 23 organized by a county highway authority shall include the
9191 24 county engineer, the County Board Chairman or his or her
9292 25 designee, and with such utility participation as will best
9393 26 facilitate and accomplish the requirements of a highway
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104104 1 authority acting under subsection (f) of this Section. Should
105105 2 a county highway authority decide not to establish
106106 3 coordination councils, the 90 day deadline for removal,
107107 4 relocation, or modification of the ditches, drains, track,
108108 5 rails, poles, wires, pipe line, or other equipment in
109109 6 subsection (f) of this Section shall be waived for those
110110 7 highways.
111111 8 (c) In the case of non-toll federal-aid fully
112112 9 access-controlled State highways, the State highway authority
113113 10 shall not grant consent to the location, placement or
114114 11 construction of ditches, drains, track, rails, poles, wires,
115115 12 pipe line or other equipment upon, under or along any such
116116 13 non-toll federal-aid fully access-controlled State highway,
117117 14 which:
118118 15 (1) would require cutting the pavement structure
119119 16 portion of such highway for installation or, except in the
120120 17 event of an emergency, would require the use of any part of
121121 18 such highway right-of-way for purposes of maintenance or
122122 19 repair. Where, however, the State highway authority
123123 20 determines prior to installation that there is no other
124124 21 access available for maintenance or repair purposes, use
125125 22 by the entity of such highway right-of-way shall be
126126 23 permitted for such purposes in strict accordance with the
127127 24 rules, regulations and specifications of the State highway
128128 25 authority, provided however, that except in the case of
129129 26 access to bridge structures, in no such case shall an
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140140 1 entity be permitted access from the through-travel lanes,
141141 2 shoulders or ramps of the non-toll federal-aid fully
142142 3 access-controlled State highway to maintain or repair its
143143 4 accommodation; or
144144 5 (2) would in the judgment of the State highway
145145 6 authority, endanger or impair any such ditches, drains,
146146 7 track, rails, poles, wires, pipe lines or other equipment
147147 8 already in place; or
148148 9 (3) would, if installed longitudinally within the
149149 10 access control lines of such highway, be above ground
150150 11 after installation except that the State highway authority
151151 12 may consent to any above ground installation upon, under
152152 13 or along any bridge, interchange or grade separation
153153 14 within the right-of-way which installation is otherwise in
154154 15 compliance with this Section and any rules, regulations or
155155 16 specifications issued hereunder; or
156156 17 (4) would be inconsistent with Federal law or with
157157 18 rules, regulations or directives of appropriate Federal
158158 19 agencies.
159159 20 (d) In the case of accommodations upon, under or along
160160 21 non-toll federal-aid fully access-controlled State highways
161161 22 the State highway authority may charge an entity reasonable
162162 23 compensation for the right of that entity to longitudinally
163163 24 locate, place or construct ditches, drains, track, rails,
164164 25 poles, wires, pipe line or other equipment upon, under or
165165 26 along such highway. Such compensation may include in-kind
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176176 1 compensation.
177177 2 Where the entity applying for use of a non-toll
178178 3 federal-aid fully access-controlled State highway right-of-way
179179 4 is a public utility company, municipal corporation or other
180180 5 public or private corporation, association or person, such
181181 6 compensation shall be based upon but shall not exceed a
182182 7 reasonable estimate by the State highway authority of the fair
183183 8 market value of an easement or leasehold for such use of the
184184 9 highway right-of-way. Where the State highway authority
185185 10 determines that the applied-for use of such highway
186186 11 right-of-way is for private land uses by an individual and not
187187 12 for commercial purposes, the State highway authority may
188188 13 charge a lesser fee than would be charged a public utility
189189 14 company, municipal corporation or other public or private
190190 15 corporation or association as compensation for the use of the
191191 16 non-toll federal-aid fully access-controlled State highway
192192 17 right-of-way. In no case shall the written consent of the
193193 18 State highway authority give or be construed to give any
194194 19 entity any easement, leasehold or other property interest of
195195 20 any kind in, upon, under, above or along the non-toll
196196 21 federal-aid fully access-controlled State highway
197197 22 right-of-way.
198198 23 Where the compensation from any entity is in whole or in
199199 24 part a fee, such fee may be reasonably set, at the election of
200200 25 the State highway authority, in the form of a single lump sum
201201 26 payment or a schedule of payments. All such fees charged as
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212212 1 compensation may be reviewed and adjusted upward by the State
213213 2 highway authority once every 5 years provided that any such
214214 3 adjustment shall be based on changes in the fair market value
215215 4 of an easement or leasehold for such use of the non-toll
216216 5 federal-aid fully access-controlled State highway
217217 6 right-of-way. All such fees received as compensation by the
218218 7 State highway authority shall be deposited in the Road Fund.
219219 8 (e) Any entity applying for consent shall submit such
220220 9 information in such form and detail to the appropriate highway
221221 10 authority as to allow the authority to evaluate the entity's
222222 11 application. In the case of accommodations upon, under or
223223 12 along non-toll federal-aid fully access-controlled State
224224 13 highways the entity applying for such consent shall reimburse
225225 14 the State highway authority for all of the authority's
226226 15 reasonable expenses in evaluating that entity's application,
227227 16 including but not limited to engineering and legal fees.
228228 17 (f) Any ditches, drains, track, rails, poles, wires, pipe
229229 18 line, or other equipment located, placed, or constructed upon,
230230 19 under, or along a highway with the consent of the State or
231231 20 county highway authority under this Section shall, upon
232232 21 written notice by the State or county highway authority be
233233 22 removed, relocated, or modified by the owner, the owner's
234234 23 agents, contractors, or employees at no expense to the State
235235 24 or county highway authority when and as deemed necessary by
236236 25 the State or county highway authority for highway or highway
237237 26 safety purposes. The notice shall be properly given after the
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248248 1 completion of engineering plans, the receipt of the necessary
249249 2 permits issued by the appropriate State and county highway
250250 3 authority to begin work, and the establishment of sufficient
251251 4 rights-of-way for a given utility authorized by the State or
252252 5 county highway authority to remain on the highway right-of-way
253253 6 such that the unit of local government or other owner of any
254254 7 facilities receiving notice in accordance with this subsection
255255 8 (f) can proceed with relocating, replacing, or reconstructing
256256 9 the ditches, drains, track, rails, poles, wires, pipe line, or
257257 10 other equipment. If a permit application to relocate on a
258258 11 public right-of-way is not filed within 15 days of the receipt
259259 12 of final engineering plans, the notice precondition of a
260260 13 permit to begin work is waived. However, under no
261261 14 circumstances shall this notice provision be construed to
262262 15 require the State or any government department or agency to
263263 16 purchase additional rights-of-way to accommodate utilities.
264264 17 If, within 90 days after receipt of such written notice, the
265265 18 ditches, drains, track, rails, poles, wires, pipe line, or
266266 19 other equipment have not been removed, relocated, or modified
267267 20 to the reasonable satisfaction of the State or county highway
268268 21 authority, or if arrangements are not made satisfactory to the
269269 22 State or county highway authority for such removal,
270270 23 relocation, or modification, the State or county highway
271271 24 authority may remove, relocate, or modify such ditches,
272272 25 drains, track, rails, poles, wires, pipe line, or other
273273 26 equipment and bill the owner thereof for the total cost of such
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284284 1 removal, relocation, or modification. The scope of the project
285285 2 shall be taken into consideration by the State or county
286286 3 highway authority in determining satisfactory arrangements.
287287 4 The State or county highway authority shall determine the
288288 5 terms of payment of those costs provided that all costs billed
289289 6 by the State or county highway authority shall not be made
290290 7 payable over more than a 5 year period from the date of
291291 8 billing. The State and county highway authority shall have the
292292 9 power to extend the time of payment in cases of demonstrated
293293 10 financial hardship by a unit of local government or other
294294 11 public owner of any facilities removed, relocated, or modified
295295 12 from the highway right-of-way in accordance with this
296296 13 subsection (f). This paragraph shall not be construed to
297297 14 prohibit the State or county highway authority from paying any
298298 15 part of the cost of removal, relocation, or modification where
299299 16 such payment is otherwise provided for by State or federal
300300 17 statute or regulation. At any time within 90 days after
301301 18 written notice was given, the owner of the drains, track,
302302 19 rails, poles, wires, pipe line, or other equipment may request
303303 20 the district engineer or, if appropriate, the county engineer
304304 21 for a waiver of the 90 day deadline. The appropriate district
305305 22 or county engineer shall make a decision concerning waiver
306306 23 within 10 days of receipt of the request and may waive the 90
307307 24 day deadline if he or she makes a written finding as to the
308308 25 reasons for waiving the deadline. Reasons for waiving the
309309 26 deadline shall be limited to acts of God, war, the scope of the
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320320 1 project, the State failing to follow the proper notice
321321 2 procedure, and any other cause beyond reasonable control of
322322 3 the owner of the facilities. Waiver must not be unreasonably
323323 4 withheld. If 90 days after written notice was given, the
324324 5 ditches, drains, track, rails, poles, wires, pipe line, or
325325 6 other equipment have not been removed, relocated, or modified
326326 7 to the satisfaction of the State or county highway authority,
327327 8 no waiver of deadline has been requested or issued by the
328328 9 appropriate district or county engineer, and no satisfactory
329329 10 arrangement has been made with the appropriate State or county
330330 11 highway authority, the State or county highway authority or
331331 12 the general contractor of the building project may file a
332332 13 complaint in the circuit court for an emergency order to
333333 14 direct and compel the owner to remove, relocate, or modify the
334334 15 drains, track, rails, poles, wires, pipe line, or other
335335 16 equipment to the satisfaction of the appropriate highway
336336 17 authority. The complaint for an order shall be brought in the
337337 18 circuit in which the subject matter of the complaint is
338338 19 situated or, if the subject matter of the complaint is
339339 20 situated in more than one circuit, in any one of those
340340 21 circuits.
341341 22 (g) It shall be the sole responsibility of the entity,
342342 23 without expense to the State highway authority, to maintain
343343 24 and repair its ditches, drains, track, rails, poles, wires,
344344 25 pipe line or other equipment after it is located, placed or
345345 26 constructed upon, under or along any State highway and in no
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356356 1 case shall the State highway authority thereafter be liable or
357357 2 responsible to the entity for any damages or liability of any
358358 3 kind whatsoever incurred by the entity or to the entity's
359359 4 ditches, drains, track, rails, poles, wires, pipe line or
360360 5 other equipment.
361361 6 (h) Except as provided in subsection (h-1), upon receipt
362362 7 of an application therefor, consent to so use a highway may be
363363 8 granted subject to such terms and conditions not inconsistent
364364 9 with this Code as the highway authority deems for the best
365365 10 interest of the public. The terms and conditions required by
366366 11 the appropriate highway authority may include but need not be
367367 12 limited to participation by the party granted consent in the
368368 13 strategies and practices adopted under subsection (b) of this
369369 14 Section. The petitioner shall pay to the owners of property
370370 15 abutting upon the affected highways established as though by
371371 16 common law plat all damages the owners may sustain by reason of
372372 17 such use of the highway, such damages to be ascertained and
373373 18 paid in the manner provided by law for the exercise of the
374374 19 right of eminent domain.
375375 20 (h-1) With regard to any public utility, as defined in
376376 21 Section 3-105 of the Public Utilities Act, engaged in public
377377 22 water or public sanitary sewer service that comes under the
378378 23 jurisdiction of the Illinois Commerce Commission, upon receipt
379379 24 of an application therefor, consent to so use a highway may be
380380 25 granted subject to such terms and conditions not inconsistent
381381 26 with this Code as the highway authority deems for the best
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392392 1 interest of the public. The terms and conditions required by
393393 2 the appropriate highway authority may include but need not be
394394 3 limited to participation by the party granted consent in the
395395 4 strategies and practices adopted under subsection (b) of this
396396 5 Section. If the highway authority does not have fee ownership
397397 6 of the property, the petitioner shall pay to the owners of
398398 7 property located in the highway right-of-way all damages the
399399 8 owners may sustain by reason of such use of the highway, such
400400 9 damages to be ascertained and paid in the manner provided by
401401 10 law for the exercise of the right of eminent domain. The
402402 11 consent shall not otherwise relieve the entity granted that
403403 12 consent from obtaining by purchase, condemnation, or otherwise
404404 13 the necessary approval of any owner of the fee over or under
405405 14 which the highway or road is located, except to the extent that
406406 15 no such owner has paid real estate taxes on the property for
407407 16 the 2 years prior to the grant of the consent. Owners of
408408 17 property that abuts the right-of-way but who acquired the
409409 18 property through a conveyance that either expressly excludes
410410 19 the property subject to the right-of-way or that describes the
411411 20 property conveyed as ending at the right-of-way or being
412412 21 bounded by the right-of-way or road shall not be considered
413413 22 owners of property located in the right-of-way and shall not
414414 23 be entitled to damages by reason of the use of the highway or
415415 24 road for utility purposes, except that this provision shall
416416 25 not relieve the public utility from the obligation to pay for
417417 26 any physical damage it causes to improvements lawfully located
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428428 1 in the right-of-way. Owners of abutting property whose
429429 2 descriptions include the right-of-way but are made subject to
430430 3 the right-of-way shall be entitled to compensation for use of
431431 4 the right-of-way. If the property subject to the right-of-way
432432 5 is not owned by the owners of the abutting property (either
433433 6 because it is expressly excluded from the property conveyed to
434434 7 an abutting property owner or the property as conveyed ends at
435435 8 or is bounded by the right-of-way or road), then the
436436 9 petitioner shall pay any damages, as so calculated, to the
437437 10 person or persons who have paid real estate taxes for the
438438 11 property as reflected in the county tax records. If no person
439439 12 has paid real estate taxes, then the public interest permits
440440 13 the installation of the facilities without payment of any
441441 14 damages. This provision of this amendatory Act of the 93rd
442442 15 General Assembly is intended to clarify, by codification,
443443 16 existing law and is not intended to change the law.
444444 17 (i) Such consent shall be granted by the Department in the
445445 18 case of a State highway; by the county board or its designated
446446 19 county superintendent of highways in the case of a county
447447 20 highway; by either the highway commissioner or the county
448448 21 superintendent of highways in the case of a township or
449449 22 district road, provided that if consent is granted by the
450450 23 highway commissioner, the petition shall be filed with the
451451 24 commissioner at least 30 days prior to the proposed date of the
452452 25 beginning of construction, and that if written consent is not
453453 26 given by the commissioner within 30 days after receipt of the
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464464 1 petition, the applicant may make written application to the
465465 2 county superintendent of highways for consent to the
466466 3 construction. In the case of township roads, the county
467467 4 superintendent of highways may either grant consent for the
468468 5 construction or deny the application. The county
469469 6 superintendent of highways shall provide written confirmation,
470470 7 citing the basis of the decision, to both the highway
471471 8 commissioner and the applicant. This Section does not vitiate,
472472 9 extend or otherwise affect any consent granted in accordance
473473 10 with law prior to the effective date of this Code to so use any
474474 11 highway.
475475 12 (j) Nothing in this Section shall limit the right of a
476476 13 highway authority to permit the location, placement or
477477 14 construction or any ditches, drains, track, rails, poles,
478478 15 wires, pipe line or other equipment upon, under or along any
479479 16 highway or road as a part of its highway or road facilities or
480480 17 which the highway authority determines is necessary to service
481481 18 facilities required for operating the highway or road,
482482 19 including rest areas and weigh stations.
483483 20 (k) Paragraphs (c) and (d) of this Section shall not apply
484484 21 to any accommodation located, placed or constructed with the
485485 22 consent of the State highway authority upon, under or along
486486 23 any non-toll federal-aid fully access-controlled State highway
487487 24 prior to July 1, 1984, provided that accommodation was
488488 25 otherwise in compliance with the rules, regulations and
489489 26 specifications of the State highway authority.
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500500 1 (l) Except as provided in subsection (l-1), the consent to
501501 2 be granted pursuant to this Section by the appropriate highway
502502 3 authority shall be effective only to the extent of the
503503 4 property interest of the State or government unit served by
504504 5 that highway authority. Such consent shall not be binding on
505505 6 any owner of the fee over or under which the highway or road is
506506 7 located and shall not otherwise relieve the entity granted
507507 8 that consent from obtaining by purchase, condemnation or
508508 9 otherwise the necessary approval of any owner of the fee over
509509 10 or under which the highway or road is located. This paragraph
510510 11 shall not be construed as a limitation on the use for highway
511511 12 or road purposes of the land or other property interests
512512 13 acquired by the public for highway or road purposes, including
513513 14 the space under or above such right-of-way.
514514 15 (l-1) With regard to any public utility, as defined in
515515 16 Section 3-105 of the Public Utilities Act, engaged in public
516516 17 water or public sanitary sewer service that comes under the
517517 18 jurisdiction of the Illinois Commerce Commission, the consent
518518 19 to be granted pursuant to this Section by the appropriate
519519 20 highway authority shall be effective only to the extent of the
520520 21 property interest of the State or government unit served by
521521 22 that highway authority. Such consent shall not be binding on
522522 23 any owner of the fee over or under which the highway or road is
523523 24 located but shall be binding on any abutting property owner
524524 25 whose property boundary ends at the right-of-way of the
525525 26 highway or road. For purposes of the preceding sentence,
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536536 1 property that includes a portion of a highway or road but is
537537 2 subject to the highway or road shall not be considered to end
538538 3 at the highway or road. The consent shall not otherwise
539539 4 relieve the entity granted that consent from obtaining by
540540 5 purchase, condemnation or otherwise the necessary approval of
541541 6 any owner of the fee over or under which the highway or road is
542542 7 located, except to the extent that no such owner has paid real
543543 8 estate taxes on the property for the 2 years prior to the grant
544544 9 of the consent. This provision is not intended to absolve a
545545 10 utility from obtaining consent from a lawful owner of the
546546 11 roadway or highway property (i.e. a person whose deed of
547547 12 conveyance lawfully includes the property, whether or not made
548548 13 subject to the highway or road) but who does not pay taxes by
549549 14 reason of Division 6 of Article 10 of the Property Tax Code.
550550 15 This paragraph shall not be construed as a limitation on the
551551 16 use for highway or road purposes of the land or other property
552552 17 interests acquired by the public for highway or road purposes,
553553 18 including the space under or above such right-of-way.
554554 19 (l-5) The Department of Transportation must grant a
555555 20 request for initial or subsequent installation or removal of
556556 21 automated traffic law enforcement system equipment pursuant to
557557 22 Section 11-208.6 of the Illinois Vehicle Code within 60 days
558558 23 after the Department's receipt of the request, if the
559559 24 location, placement, or construction of the equipment conforms
560560 25 with the federal Manual on Uniform Traffic Control Devices
561561 26 adopted by the Department.
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572572 1 (m) The provisions of this Section apply to all permits
573573 2 issued by the Department of Transportation and the appropriate
574574 3 State or county highway authority.
575575 4 (Source: P.A. 102-449, eff. 1-1-22.)
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