Illinois 2025-2026 Regular Session

Illinois Senate Bill SB1380 Compare Versions

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1-SB1380 EngrossedLRB104 08050 RTM 18096 b SB1380 Engrossed LRB104 08050 RTM 18096 b
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1+104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1380 Introduced 1/29/2025, by Sen. John F. Curran SYNOPSIS AS INTRODUCED: 55 ILCS 5/5-1192 new65 ILCS 5/11-80-25 new Amends the Counties Code and the Illinois Municipal Code. Provides that a county or a municipality may use a utility pole that is owned by the State or a unit of local government or a public right-of-way that is owned by the State or a unit of local government for public safety purposes, including, but not limited to, the placement of equipment associated with public safety. Provides that any fee charged by the owner of a utility pole for use by a county or municipality shall be at the lowest rate charged by the owner and shall not exceed the owner's costs. LRB104 08050 RTM 18096 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1380 Introduced 1/29/2025, by Sen. John F. Curran SYNOPSIS AS INTRODUCED: 55 ILCS 5/5-1192 new65 ILCS 5/11-80-25 new 55 ILCS 5/5-1192 new 65 ILCS 5/11-80-25 new Amends the Counties Code and the Illinois Municipal Code. Provides that a county or a municipality may use a utility pole that is owned by the State or a unit of local government or a public right-of-way that is owned by the State or a unit of local government for public safety purposes, including, but not limited to, the placement of equipment associated with public safety. Provides that any fee charged by the owner of a utility pole for use by a county or municipality shall be at the lowest rate charged by the owner and shall not exceed the owner's costs. LRB104 08050 RTM 18096 b LRB104 08050 RTM 18096 b A BILL FOR
2+104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1380 Introduced 1/29/2025, by Sen. John F. Curran SYNOPSIS AS INTRODUCED:
3+55 ILCS 5/5-1192 new65 ILCS 5/11-80-25 new 55 ILCS 5/5-1192 new 65 ILCS 5/11-80-25 new
4+55 ILCS 5/5-1192 new
5+65 ILCS 5/11-80-25 new
6+Amends the Counties Code and the Illinois Municipal Code. Provides that a county or a municipality may use a utility pole that is owned by the State or a unit of local government or a public right-of-way that is owned by the State or a unit of local government for public safety purposes, including, but not limited to, the placement of equipment associated with public safety. Provides that any fee charged by the owner of a utility pole for use by a county or municipality shall be at the lowest rate charged by the owner and shall not exceed the owner's costs.
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9+A BILL FOR
10+SB1380LRB104 08050 RTM 18096 b SB1380 LRB104 08050 RTM 18096 b
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312 1 AN ACT concerning local government.
413 2 Be it enacted by the People of the State of Illinois,
514 3 represented in the General Assembly:
6-4 Section 5. The Counties Code is amended by adding Section
7-5 5-1192 as follows:
15+4 Section 5. The Counties Code is amended by changing
16+5 Section 5-1192 as follows:
817 6 (55 ILCS 5/5-1192 new)
918 7 Sec. 5-1192. County use of utility pole for county public
1019 8 safety.
11-9 (a) As used in this Section:
12-10 "Communications space" has the meaning given to that term
13-11 in the National Electric Safety Code as published by the
14-12 Institute of Electrical and Electronics Engineers.
15-13 "Communication worker safety zone" has the meaning given
16-14 to that term in the National Electric Safety Code as published
17-15 by the Institute of Electrical and Electronics Engineers.
18-16 "Electric supply zone" has the meaning given to that term
19-17 in the National Electric Safety Code as published by the
20-18 Institute of Electrical and Electronics Engineers.
21-19 "Public utility" has the meaning given to that term in
22-20 Section 3-105 of the Public Utilities Act.
23-21 (b) Subject to the provisions of subsection (c), a county
24-22 may use a utility pole that is owned by the State or a unit of
25-23 local government or a public right-of-way that is owned by the
20+9 (a) A county may use a utility pole that is owned by the
21+10 State or a unit of local government or a public right-of-way
22+11 that is owned by the State or a unit of local government for
23+12 county public safety purposes, including, but not limited to,
24+13 the placement of equipment associated with public safety.
25+14 (b) Any fee charged by the owner of a utility pole or
26+15 right-of-way for use by a county under this Section shall be at
27+16 the lowest rate charged by the owner and shall not exceed the
28+17 owner's costs.
29+18 Section 10. The Illinois Municipal Code is amended by
30+19 adding Section 11-80-25 as follows:
31+20 (65 ILCS 5/11-80-25 new)
32+21 Sec. 11-80-25. Municipal use of utility pole for municipal
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34-1 State or a unit of local government for county public safety
35-2 purposes, including, but not limited to, the placement of
36-3 equipment associated with public safety. The equipment may not
37-4 be located within or interfere with part of an electric
38-5 distribution or transmission system within the communication
39-6 worker safety zone of the pole or the electric supply zone of
40-7 the pole. The use of the equipment must comply with the
41-8 applicable codes and local code provisions or regulations that
42-9 concern public safety.
43-10 (c) A State agency may, by rule, or a unit of local
44-11 government may, by ordinance or resolution, create a
45-12 permitting process to allow a utility pole or a public
46-13 right-of-way that it owns to be used by a county for public
47-14 safety purposes.
48-15 (d) Any fee charged by the owner of a utility pole or
49-16 right-of-way for use by a county under this Section shall be at
50-17 the lowest rate charged by the owner and shall not exceed the
51-18 owner's costs.
52-19 (e) Nothing in this Section authorizes a county to use
53-20 property or infrastructure that is owned by a public utility.
54-21 Section 10. The Illinois Municipal Code is amended by
55-22 adding Section 11-80-25 as follows:
56-23 (65 ILCS 5/11-80-25 new)
57-24 Sec. 11-80-25. Municipal use of utility pole for municipal
36+104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1380 Introduced 1/29/2025, by Sen. John F. Curran SYNOPSIS AS INTRODUCED:
37+55 ILCS 5/5-1192 new65 ILCS 5/11-80-25 new 55 ILCS 5/5-1192 new 65 ILCS 5/11-80-25 new
38+55 ILCS 5/5-1192 new
39+65 ILCS 5/11-80-25 new
40+Amends the Counties Code and the Illinois Municipal Code. Provides that a county or a municipality may use a utility pole that is owned by the State or a unit of local government or a public right-of-way that is owned by the State or a unit of local government for public safety purposes, including, but not limited to, the placement of equipment associated with public safety. Provides that any fee charged by the owner of a utility pole for use by a county or municipality shall be at the lowest rate charged by the owner and shall not exceed the owner's costs.
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43+A BILL FOR
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50+65 ILCS 5/11-80-25 new
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68-1 public safety.
69-2 (a) As used in this Section:
70-3 "Communications space" has the meaning given to that term
71-4 in the National Electric Safety Code as published by the
72-5 Institute of Electrical and Electronics Engineers.
73-6 "Communication worker safety zone" has the meaning given
74-7 to that term in the National Electric Safety Code as published
75-8 by the Institute of Electrical and Electronics Engineers.
76-9 "Electric supply zone" has the meaning given to that term
77-10 in the National Electric Safety Code as published by the
78-11 Institute of Electrical and Electronics Engineers.
79-12 "Public utility" has the meaning given to that term in
80-13 Section 3-105 of the Public Utilities Act.
81-14 (b) Subject to the provisions of subsection (c), a
82-15 municipality may use a utility pole that is owned by the State
83-16 or a unit of local government or a public right-of-way that is
84-17 owned by the State or a unit of local government for municipal
85-18 public safety purposes, including, but not limited to, the
86-19 placement of equipment associated with public safety. The
87-20 equipment may not be located within or interfere with part of
88-21 an electric distribution or transmission system within the
89-22 communication worker safety zone of the pole or the electric
90-23 supply zone of the pole. The use of the equipment must comply
91-24 with the applicable codes and local code provisions or
92-25 regulations that concern public safety.
93-26 (c) A State agency may, by rule, or a unit of local
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104-1 government may, by ordinance or resolution, create a
105-2 permitting process to allow a utility pole or a public
106-3 right-of-way that it owns to be used by a municipality for
107-4 public safety purposes.
108-5 (d) Any fee charged by the owner of a utility pole or
109-6 right-of-way for use by a municipality under this Section
110-7 shall be at the lowest rate charged by the owner and shall not
111-8 exceed the owner's costs.
112-9 (e) Nothing in this Section authorizes a municipality to
113-10 use property or infrastructure that is owned by a public
114-11 utility.
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