Illinois 99th Regular Session Status: Passed Senate 1 D cosponsors

SB 2237 — HWY CD-TELECOMM COMPANY

Last action — Session Sine Die

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 99th Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Amends the Illinois Highway Code. Provides that upon receipt of an application, consent to use a highway may be granted to any telecommunications company issued a certificate of public convenience and necessity from the Illinois Commerce Commission. Provides requirements (same as those under current law for a public utility) for telecommunication company use of a highway right-of-way if the highway authority does not have fee ownership of the property to be used. Makes conforming changes.

Bill Text

What changed in the latest version

150 added · 159 removed

Plain-language change summary

The recent amendments to Bill SB 2237 clarify the process by which communications providers can gain permission to use highway rights-of-way. The changes specify that consent can be granted based on an application, with terms set by the highway authority to protect public interests. Additionally, it now mandates that if the highway authority does not own the property outright, the applicant must compensate property owners for any damages caused by using the highway. This transparency and protection for property owners are important to ensure fair use of public resources.

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*LRB09915719RJF40018b* SB2237 99TH GENERAL ASSEMBLY State of Illinois and 2016 SB2237 Introduced 1/13/2016, by Sen.
SB2237 Engrossed LRB099 15719 RJF 40018 b AN ACT concerning transportation.
Don Harmon SYNOPSIS AS INTRODUCED:
ILCS 5/9-113 from Ch.
121, par.
9-113 Amends the Illinois Highway Code.
Provides that upon receipt of an application, consent to use a highway may be granted to any telecommunications company issued a certificate of public convenience and necessity from the Illinois Commerce Commission.
Provides requirements (same as those under current law for a public utility) for telecommunication company use of a highway right-of-way if the highway authority does not have fee ownership of the property to be used.
Makes conforming changes.
LRB099 15719 RJF 40018 b A BILL FOR SB2237 LRB099 15719 RJF 40018 b AN ACT concerning transportation.
In addition to rules promulgated under this subsection (b), the State highway authority shall and a county highway authority may adopt coordination strategies and practices designed and intended to establish and implement effective communication respecting planned highway projects that the State or county highway authority believes may require removal, SB2237 - 2 - LRB099 15719 RJF 40018 b relocation, or modification in accordance with subsection (f) of this Section.
In addition to rules promulgated under this subsection (b), the State highway authority shall and a county highway authority may adopt coordination strategies and practices designed and intended to establish and implement effective communication respecting planned highway projects that the State or county highway authority believes may require removal, SB2237 Engrossed - 2 - LRB099 15719 RJF 40018 b relocation, or modification in accordance with subsection (f) of this Section.
SB2237 - 3 - LRB099 15719 RJF 40018 b Should a county highway authority decide not to establish coordination councils, the 90 day deadline for removal, relocation, or modification of the ditches, drains, track, rails, poles, wires, pipe line, or other equipment in subsection (f) of this Section shall be waived for those highways.
SB2237 Engrossed - 3 - LRB099 15719 RJF 40018 b Should a county highway authority decide not to establish coordination councils, the 90 day deadline for removal, relocation, or modification of the ditches, drains, track, rails, poles, wires, pipe line, or other equipment in subsection (f) of this Section shall be waived for those highways.
Where, however, the State highway authority determines prior to installation that there is no other access available for maintenance or repair purposes, use by the entity of such highway right-of-way shall be permitted for such purposes in strict accordance with the rules, regulations and specifications of the State highway authority, provided however, that except in the case of access to bridge structures, in no such case shall an entity be permitted access from the through-travel lanes, SB2237 - 4 - LRB099 15719 RJF 40018 b shoulders or ramps of the non-toll federal-aid fully access-controlled State highway to maintain or repair its accommodation;
Where, however, the State highway authority determines prior to installation that there is no other access available for maintenance or repair purposes, use by the entity of such highway right-of-way shall be permitted for such purposes in strict accordance with the rules, regulations and specifications of the State highway authority, provided however, that except in the case of access to bridge structures, in no such case shall an entity be permitted access from the through-travel lanes, SB2237 Engrossed - 4 - LRB099 15719 RJF 40018 b shoulders or ramps of the non-toll federal-aid fully access-controlled State highway to maintain or repair its accommodation;
SB2237 - 5 - LRB099 15719 RJF 40018 b Where the entity applying for use of a non-toll federal-aid fully access-controlled State highway right-of-way is a public utility company, municipal corporation or other public or private corporation, association or person, such compensation shall be based upon but shall not exceed a reasonable estimate by the State highway authority of the fair market value of an easement or leasehold for such use of the highway right-of-way.
SB2237 Engrossed - 5 - LRB099 15719 RJF 40018 b Where the entity applying for use of a non-toll federal-aid fully access-controlled State highway right-of-way is a public utility company, municipal corporation or other public or private corporation, association or person, such compensation shall be based upon but shall not exceed a reasonable estimate by the State highway authority of the fair market value of an easement or leasehold for such use of the highway right-of-way.
All such fees charged as compensation may be reviewed and adjusted upward by the State highway authority once every 5 years provided that any such SB2237 - 6 - LRB099 15719 RJF 40018 b adjustment shall be based on changes in the fair market value of an easement or leasehold for such use of the non-toll federal-aid fully access-controlled State highway right-of-way.
All such fees charged as compensation may be reviewed and adjusted upward by the State highway authority once every 5 years provided that any such SB2237 Engrossed - 6 - LRB099 15719 RJF 40018 b adjustment shall be based on changes in the fair market value of an easement or leasehold for such use of the non-toll federal-aid fully access-controlled State highway right-of-way.
The notice shall be properly given after the completion of engineering plans, the receipt of the necessary permits issued by the appropriate State and county highway SB2237 - 7 - LRB099 15719 RJF 40018 b authority to begin work, and the establishment of sufficient rights-of-way for a given utility authorized by the State or county highway authority to remain on the highway right-of-way such that the unit of local government or other owner of any facilities receiving notice in accordance with this subsection (f) can proceed with relocating, replacing, or reconstructing the ditches, drains, track, rails, poles, wires, pipe line, or other equipment.
The notice shall be properly given after the completion of engineering plans, the receipt of the necessary permits issued by the appropriate State and county highway SB2237 Engrossed - 7 - LRB099 15719 RJF 40018 b authority to begin work, and the establishment of sufficient rights-of-way for a given utility authorized by the State or county highway authority to remain on the highway right-of-way such that the unit of local government or other owner of any facilities receiving notice in accordance with this subsection (f) can proceed with relocating, replacing, or reconstructing the ditches, drains, track, rails, poles, wires, pipe line, or other equipment.
The scope of the project shall be taken into consideration by the State or county highway authority in SB2237 - 8 - LRB099 15719 RJF 40018 b determining satisfactory arrangements.
The scope of the project shall be taken into consideration by the State or county highway authority in SB2237 Engrossed - 8 - LRB099 15719 RJF 40018 b determining satisfactory arrangements.
Waiver must not be unreasonably SB2237 - 9 - LRB099 15719 RJF 40018 b withheld.
Waiver must not be unreasonably SB2237 Engrossed - 9 - LRB099 15719 RJF 40018 b withheld.
(g) It shall be the sole responsibility of the entity, without expense to the State highway authority, to maintain and repair its ditches, drains, track, rails, poles, wires, pipe line or other equipment after it is located, placed or constructed upon, under or along any State highway and in no case shall the State highway authority thereafter be liable or responsible to the entity for any damages or liability of any kind whatsoever incurred by the entity or to the entity's ditches, drains, track, rails, poles, wires, pipe line or other SB2237 - 10 - LRB099 15719 RJF 40018 b equipment.
(g) It shall be the sole responsibility of the entity, without expense to the State highway authority, to maintain and repair its ditches, drains, track, rails, poles, wires, pipe line or other equipment after it is located, placed or constructed upon, under or along any State highway and in no case shall the State highway authority thereafter be liable or responsible to the entity for any damages or liability of any kind whatsoever incurred by the entity or to the entity's ditches, drains, track, rails, poles, wires, pipe line or other SB2237 Engrossed - 10 - LRB099 15719 RJF 40018 b equipment.
The terms and conditions required by the appropriate highway authority may include but need not be limited to participation by the party granted consent in the strategies and practices adopted under subsection (b) of this SB2237 - 11 - LRB099 15719 RJF 40018 b Section.
The terms and conditions required by the appropriate highway authority may include but need not be limited to participation by the party granted consent in the strategies and practices adopted under subsection (b) of this SB2237 Engrossed - 11 - LRB099 15719 RJF 40018 b Section.
If the property subject to the right-of-way SB2237 - 12 - LRB099 15719 RJF 40018 b is not owned by the owners of the abutting property (either because it is expressly excluded from the property conveyed to an abutting property owner or the property as conveyed ends at or is bounded by the right-of-way or road), then the petitioner shall pay any damages, as so calculated, to the person or persons who have paid real estate taxes for the property as reflected in the county tax records.
If the property subject to the right-of-way SB2237 Engrossed - 12 - LRB099 15719 RJF 40018 b is not owned by the owners of the abutting property (either because it is expressly excluded from the property conveyed to an abutting property owner or the property as conveyed ends at or is bounded by the right-of-way or road), then the petitioner shall pay any damages, as so calculated, to the person or persons who have paid real estate taxes for the property as reflected in the county tax records.
(h-2) With regard to any telecommunications company issued a certificate of public convenience and necessity from the Illinois Commerce Commission, consent to use a highway may be granted upon receipt of an application, subject to terms and conditions consistent with this Code as the highway authority deems for the best interest of the public.
(h-2) With regard to any communications provider, consent to use a highway may be granted upon receipt of an application, subject to terms and conditions consistent with this Code as the highway authority deems for the best interest of the public.
If the highway authority does not have fee ownership of the property, the petitioner shall pay to the owners of property located in the highway right-of-way all damages the owners may sustain by reason of use of the highway, with damages to be SB2237 - 13 - LRB099 15719 RJF 40018 b ascertained and paid in the manner provided by law for the exercise of the right of eminent domain.
If the highway authority does not have fee ownership of the property, the petitioner shall pay to the owners of property located in the highway right-of-way all damages the owners may sustain by reason of use of the highway, with damages to be ascertained and paid in the manner provided by law for the exercise of the right of eminent domain.
The consent shall not relieve the entity granted that consent from obtaining by purchase, condemnation, or otherwise the necessary approval of any owner of the fee over or under which the highway or road is located, except to the extent that no owner has paid real estate taxes on the property for the 2 years prior to the grant of the consent.
The consent shall not SB2237 Engrossed - 13 - LRB099 15719 RJF 40018 b relieve the entity granted that consent from obtaining by purchase, condemnation, or otherwise the necessary approval of any owner of the fee over or under which the highway or road is located, except to the extent that no owner has paid real estate taxes on the property for the 2 years prior to the grant of the consent.
Owners of property that abuts the right-of-way, but who acquired the property through a conveyance that either expressly excludes the property subject to the right-of-way or that describes the property conveyed as ending at the right-of-way or being bounded by the right-of-way or road shall not be considered owners of property located in the right-of-way, and shall not be entitled to damages by reason of the use of the highway or road for telecommunication purposes.
Owners of property that abuts the right-of-way, but who acquired the property through a conveyance that either expressly excludes the property subject to the right-of-way or that describes the property conveyed as ending at the right-of-way or being bounded by the right-of-way or road shall not be considered owners of property located in the right-of-way, and shall not be entitled to damages by reason of the use of the highway or road for services provided by a communications provider.
This provision shall not relieve the telecommunication company from the obligation to pay for any physical damage it causes to improvements lawfully located in the right-of-way.
This provision shall not relieve the communications provider from the obligation to pay for any physical damage it causes to improvements lawfully located in the right-of-way.
If the property subject to the right-of-way is not owned by the owners of the abutting property, either because it is expressly excluded from the property conveyed to an abutting property owner or the property as conveyed ends at or is bounded by the right-of-way or road, then the petitioner shall pay any damages SB2237 - 14 - LRB099 15719 RJF 40018 b to the person or persons who have paid real estate taxes for the property as reflected in the county tax records.
If the property subject to the right-of-way is not owned by the owners of the abutting property, either because it is expressly excluded from the property conveyed to an abutting property owner or the property as conveyed ends at or is bounded by the right-of-way or road, then the petitioner shall pay any damages to the person or persons who have paid real estate taxes for the property as reflected in the county SB2237 Engrossed - 14 - LRB099 15719 RJF 40018 b tax records.
For purposes of this subsection (h-2), "communications provider" means (1) any telecommunications carrier issued a certificate of public convenience and necessity or a certificate of service authority from the Illinois Commerce Commission;
(2) any "interconnected voice over Internet protocol provider" as defined in Section 13-235 of the Public Utilities Act;
(3) any company providing "broadband service" as defined in subsection (c) of Section 21-201 of the Public Utilities Act;
(4) any "cable operator" as defined in subsection (d) of Section 21-201 of the Public Utilities Act;
or (5) any "holder" as defined in subsection (k) of Section 21-201 of the Public Utilities Act.
by either the highway commissioner or the county superintendent of highways in the case of a township or district road, provided that if consent is granted by the highway commissioner, the petition shall be filed with the commissioner at least 30 days prior to the proposed date of the beginning of construction, and that if written consent is not given by the commissioner within 30 days after receipt of the petition, the applicant may make written application to the county superintendent of highways for consent to the construction.
by either the highway commissioner or the county superintendent of highways in the case of a township or district road, provided that if consent is granted by the highway commissioner, the petition shall be filed with the commissioner at least 30 days prior to the proposed date of the beginning of construction, and that if written consent is not given by the commissioner within 30 days after receipt of the petition, the applicant may make written application to the SB2237 Engrossed - 15 - LRB099 15719 RJF 40018 b county superintendent of highways for consent to the construction.
(j) Nothing in this Section shall limit the right of a highway authority to permit the location, placement or construction or any ditches, drains, track, rails, poles, wires, pipe line or other equipment upon, under or along any highway or road as a part of its highway or road facilities or which the highway authority determines is necessary to service SB2237 - 15 - LRB099 15719 RJF 40018 b facilities required for operating the highway or road, including rest areas and weigh stations.
(j) Nothing in this Section shall limit the right of a highway authority to permit the location, placement or construction or any ditches, drains, track, rails, poles, wires, pipe line or other equipment upon, under or along any highway or road as a part of its highway or road facilities or which the highway authority determines is necessary to service facilities required for operating the highway or road, including rest areas and weigh stations.
Such consent shall not be binding on any owner of the fee over or under which the highway or road is located and shall not otherwise relieve the entity granted that consent from obtaining by purchase, condemnation or otherwise the necessary approval of any owner of the fee over or under which the highway or road is located.
Such consent shall not be binding on any owner of the fee over or under which the highway or road is located and shall not otherwise relieve the entity granted that consent SB2237 Engrossed - 16 - LRB099 15719 RJF 40018 b from obtaining by purchase, condemnation or otherwise the necessary approval of any owner of the fee over or under which the highway or road is located.
(l-1) With regard to any public utility, as defined in Section 3-105 of the Public Utilities Act, engaged in public water or public sanitary sewer service that comes under the SB2237 - 16 - LRB099 15719 RJF 40018 b jurisdiction of the Illinois Commerce Commission, the consent to be granted pursuant to this Section by the appropriate highway authority shall be effective only to the extent of the property interest of the State or government unit served by that highway authority.
(l-1) With regard to any public utility, as defined in Section 3-105 of the Public Utilities Act, engaged in public water or public sanitary sewer service that comes under the jurisdiction of the Illinois Commerce Commission, the consent to be granted pursuant to this Section by the appropriate highway authority shall be effective only to the extent of the property interest of the State or government unit served by that highway authority.
The consent shall not otherwise relieve the entity granted that consent from obtaining by purchase, condemnation or otherwise the necessary approval of any owner of the fee over or under which the highway or road is located, except to the extent that no such owner has paid real estate taxes on the property for the 2 years prior to the grant of the consent.
The consent shall not otherwise relieve the entity granted that consent from obtaining by purchase, condemnation or otherwise the necessary approval of any owner of the fee over or under which the highway or road is located, except to the extent that no such owner has paid real estate taxes on the SB2237 Engrossed - 17 - LRB099 15719 RJF 40018 b property for the 2 years prior to the grant of the consent.
This paragraph shall not be construed as a limitation on the use for highway or road purposes of the land or other property interests acquired by the public for highway or road purposes, SB2237 - 17 - LRB099 15719 RJF 40018 b including the space under or above such right-of-way.
This paragraph shall not be construed as a limitation on the use for highway or road purposes of the land or other property interests acquired by the public for highway or road purposes, including the space under or above such right-of-way.
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Action History

  1. Session Sine Die

  2. Rule 19(a) / Re-referred to Rules Committee

  3. Final Action Deadline Extended-9(b) June 30, 2016

  4. Final Action Deadline Extended-9(b) May 31, 2016

  5. Added Alternate Co-Sponsor Rep. Cynthia Soto

  6. Final Action Deadline Extended-9(b) May 27, 2016

  7. Assigned to Public Utilities Committee

  8. Referred to Rules Committee

  9. First Reading

  10. Chief House Sponsor Rep. Elaine Nekritz

  11. Arrived in House

  12. Senate Floor Amendment No. 2 Tabled Pursuant to Rule 5-4(a)

  13. Third Reading - Passed; 035-018-000

  14. Senate Floor Amendment No. 2 Pursuant to Senate Rule 3-8(b-1), this Amendment will remain in the Committee of Assignments

  15. Rule 2-10 Committee/3rd Reading Deadline Established As May 13, 2016

  16. Senate Floor Amendment No. 2 Referred to Assignments

  17. Senate Floor Amendment No. 2 Filed with Secretary by Sen. William E. Brady

  18. Placed on Calendar Order of 3rd Reading April 20, 2016

  19. Second Reading

  20. Placed on Calendar Order of 2nd Reading April 12, 2016

  21. Do Pass as Amended Energy and Public Utilities; 015-003-000

  22. Senate Committee Amendment No. 1 Adopted

  23. Senate Committee Amendment No. 1 Assignments Refers to Energy and Public Utilities

  24. Sponsor Removed Sen. Matt Murphy

  25. Senate Committee Amendment No. 1 Referred to Assignments

  26. Senate Committee Amendment No. 1 Filed with Secretary by Sen. Don Harmon

  27. Postponed - Energy and Public Utilities

  28. Added as Chief Co-Sponsor Sen. Matt Murphy

  29. Assigned to Energy and Public Utilities

  30. Referred to Assignments

  31. First Reading

  32. Filed with Secretary by Sen. Don Harmon

Sponsors

  • Don Harmon · Cosponsor
  • Cynthia Soto · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 2 co-sponsors · 181 not signed on · 7 voted No

Sponsors (0)

None.

Co-sponsors (2)

Not signed on (181)

181 members have not signed on to this bill.

Show all 181 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 35 Yea · 18 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 221106
Republican 1500
Democrat 12200
Total 351806
% of votes cast 59%31%0%10%
How each member voted (59)
Member Party Vote
Sandoval — Yea
Steans — Yea
Luechtefeld — Nay
Althoff — Yea
Martinez — Not Voting
Barickman — Nay
Bertino-Tarrant — Not Voting
Biss — Yea
Bivins — Nay
Bush — Not Voting
McCarter — Yea
Hutchinson — Not Voting
McGuire — Yea
Landek — Yea
Brady — Yea
Link — Yea
Cullerton, T. — Yea
Cullerton — Yea
Manar — Yea
McCann — Nay
Bennett — Nay
McConnaughay — Nay
Mulroe — Yea
Sullivan — Nay
Muñoz — Yea
Harris — Not Voting
Oberweis — Not Voting
Radogno — Yea
Silverstein — Nay
Trotter — Yea
Clayborne — Yea
Connelly — Yea
Forby — Nay
Haine — Nay
Noland — Yea
Nybo — Yea
Raoul — Yea
Righter — Nay
Van Pelt — Yea
Bill Cunningham Democrat Nay
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Julie A. Morrison Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Nay
Mattie Hunter Democrat Yea
Michael E. Hastings Democrat Yea
Steve Stadelman Democrat Yea
Chapin Rose Republican Nay
Dan McConchie Republican Nay
Dave Syverson Republican Yea
Neil Anderson Republican Nay
Sue Rezin Republican Nay
Travis Weaver Republican Nay

Official roll call →

Subjects

transportation technology
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 2237 do?
Amends the Illinois Highway Code. Provides that upon receipt of an application, consent to use a highway may be granted to any telecommunications company issued a certificate of public convenience and necessity from the Illinois Commerce Commission. Provides requirements (same as those under current law for a public utility) for telecommunication company use of a highway right-of-way if the highway authority does not have fee ownership of the property to be used. Makes conforming changes.
Who sponsors SB 2237?
SB 2237 is sponsored by Don Harmon (Democrat) and Cynthia Soto.
What is the current status of SB 2237?
This bill died with 99th Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 2237?
Track SB 2237 free on One Click Politics — get push/email alerts when it moves.

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