HB0535ham002 100TH GENERAL ASSEMBLY

Rep. Jay Hoffman

Filed: 3/28/2017

10000HB0535ham002 LRB100 03783 AWJ 24378 a

AMENDMENT TO HOUSE BILL 535

AMENDMENT NO. ______. Amend House Bill 535, AS AMENDED, with reference to page and line numbers of House Amendment No. 1, on page 8, line 4, by deleting "or cross"; and

on page 8, line 11, by replacing "maintain, cross," with "maintain,"; and

on page 8, by replacing lines 14 through 19 with the following:

"control of a railroad, the right to enter upon includes the installation, construction, operation, repair, maintenance, or removal of wire, cable, fiber, conduit, or related facilities that are at, above, or below grade and that cross the real estate or rights-of-way in a manner that runs generally perpendicular to the railroad tracks or railroad right-of-way. For the purposes of this subsection (f), and only in the case of real estate or rights-of-way in possession of or in the control of a railroad, the right to enter upon does not apply to wire, cable, fiber, conduit, or related facilities that run along, within, and generally parallel to, but do not cross, the railroad tracks or railroad right-of-way. No entry shall be made until at least"; and

on page 8, line 25, by replacing "repair, crossing," with "repair,"; and

on page 9, by replacing lines 4 through 6 with the following:

"published and publicly available American Railway Engineering and Maintenance-of-Way Association standards and the published and publicly available standards for the appropriate railroad for, such installation, maintenance, repair, or removal;"; and

on page 9, line 16, by deleting "crossing,"; and

on page 9, line 24, by replacing "repair, crossing," with "repair,"; and

on page 10, line 6, by deleting "crossing,"; and

on page 10, line 8, after "public", by inserting "or employee"; and

on page 10, line 21, by deleting "crossing,"; and

on page 11, line 7, by replacing "repair, crossing," with "repair,"; and

on page 12, line 24, by deleting "crossing,"; and

on page 21, line 25, by deleting "or cross"; and

on page 22, line 7, by replacing "maintain, cross," with "maintain,"; and

on page 22, by replacing lines 9 through 14 with the following: "possession of or in control of a railroad, the right to enter upon includes the installation, construction, operation, repair, maintenance, or removal of wire, cable, fiber, conduit, or related facilities that are at, above, or below grade and that cross the real estate or rights-of-way in a manner that runs generally perpendicular to the railroad tracks or railroad right-of-way. For the purposes of this subsection (f), and only in the case of real estate or rights-of-way in possession of or in the control of a railroad, the right to enter upon does not apply to wire, cable, fiber, conduit, or related facilities that run along, within, and generally parallel to, but do not cross, the railroad tracks or railroad right-of-way. No entry shall be made"; and

on page 22, line 21, by replacing "repair, crossing," with "repair,"; and

by replacing line 26 on page 22 through line 2 on page 23 with the following:

"published and publicly available American Railway Engineering and Maintenance-of-Way Association standards and the published and publicly available standards for the appropriate railroad for, such installation, maintenance, repair, or removal;"; and

on page 23, line 12, by deleting "crossing,"; and

on page 23, line 20, by replacing "repair, crossing," with "repair,"; and

on page 24, line 2, by deleting "crossing,"; and

on page 24, line 4, after "public", by inserting "or employee"; and

on page 24, line 13, by replacing "15 business" with "30 15 business"; and

on page 25, line 3, by replacing "repair, crossing," with "repair,"; and

on page 43, line 6, by deleting "or cross"; and

on page 43, line 14, by deleting "crossings or"; and

on page 43, line 20, by deleting "crossing or"; and

on page 43, line 24, by deleting "crossing,"; and

on page 44, line 6, by deleting "any crossing or to"; and

on page 44, immediately below line 15, by inserting the following:

"(f) Beginning on the effective date this amendatory Act of the 100th General Assembly, the Transportation Division of the Illinois Commerce Commission shall include in its annual Crossing Safety Improvement Program report a brief description of the number of cases decided by the Illinois Commerce Commission and the number of cases that remain pending before the Illinois Commerce Commission under this subsection (9) for the period covered by the report.".