99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB0420

 

Introduced , by Rep. Kelly Burke

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Creates the Rail Crossing Blocking Act. Requires the Illinois Commerce Commission and the Department of Transportation to annually study railroad crossings in municipalities of 100,000 or more to identify crossings which if blocked for longer than 10 minutes would pose significant public safety concerns by impeding emergency, fire, and police. A municipality, under 100,000, may petition to have a crossing included in the study. The Commission shall use the study to designate Essential Rail Crossings. Provides a person or entity may not physically block an Essential Rail Crossing in a manner which obstructs traffic for a period longer than 10 minutes or in excess of a total of 10 minutes during a 30 minute period in a municipality in a county of more than 1,000,000, unless the blocking of the crossing is by reason of circumstances over which the person or entity has no reasonable control, is necessary for maintenance of the crossing, or is otherwise allowed or required under State or federal law, rule, or regulation. Provides exemptions and a petty offense penalty for blocking 15 minutes or less and a business offense penalty for blocking exceeding 15 minutes. Provides graduated fines and that all fines collected shall be deposited into the Rail Crossing Blocking Fund. Amends the Department of Transportation Law of the Civil Administrative Code of Illinois. Allows the Department to grant funds to any railroad, rail user, or owner or lessee of a railroad right-of-way for improvement or construction of railroad crossings, but only those not in violation of the Rail Crossing Blocking Act or those agreeing to reduce violations of the Act. Amends the State Finance Act and the Illinois Vehicle Code to make conforming changes.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the Rail
5Crossing Blocking Act.
 
6    Section 5. Definitions. As used in this Act, unless the
7context clearly requires otherwise, the following terms are
8defined as indicated:
9    "Essential Rail Crossing" means a railroad-highway grade
10crossing designated by the Illinois Commerce Commission under
11Section 10 of this Act.
12    "Physically block" means to obstruct the movement of all
13motor vehicle traffic from passing through a railroad-highway
14grade crossing, and includes blocking of a crossing by a
15malfunctioning railroad crossing signal and gate located on the
16railroad right-of-way.
17    "Rail carrier" means any person engaged in the
18transportation of property or passengers for hire by railroad,
19together with all employees or agents of this person or entity,
20and all property used, controlled, or owned by this person or
21entity.
 
22    Section 10. Illinois Commerce Commission rail crossing

 

 

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1designation.
2    The Illinois Commerce Commission and the Department of
3Transportation shall conduct a study annually of
4railroad-highway grade crossings located within municipalities
5with a population of 100,000 or more inhabitants, as determined
6by the most recent federal census, to identify those crossings
7which if blocked from normal motor vehicle traffic flow for a
8period of time in excess of 10 minutes would pose significant
9public safety concerns by impeding emergency, fire, and police
10use of the crossings. The Commission and Department may consult
11with an affected municipality for purposes of the study. A
12municipality, with a population under 100,000, may petition the
13Commission and the Department to have a railroad-highway grade
14crossing located within the municipality included in the study.
15The Commission shall use the study to annually designate any
16railroad-highway grade crossings in those municipalities as
17Essential Rail Crossings and shall publish its Essential Rail
18Crossing designations on its Internet website. The Commission
19shall notify each municipality of the location of any Essential
20Rail Crossing designations within the municipality.
 
21    Section 15. Obstruction of Essential Rail Crossing
22prohibited.
23    (a) Except as otherwise provided in subsection (b) of this
24Section, a person or entity may not physically block an
25Essential Rail Crossing in a manner which obstructs motor

 

 

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1vehicle traffic over the crossing for a period in excess of 10
2minutes, unless the blocking of the crossing is by reason of
3circumstances over which the person or entity has no reasonable
4control, is necessary for maintenance of the crossing, or is
5otherwise allowed or required under State or federal law, rule,
6or regulation. This Section does not apply to a rail carrier's
7train or railroad car which is continuously moving or cannot be
8moved by reason of circumstances over which the rail carrier
9has no reasonable control, is necessary for maintenance, or is
10otherwise allowed or required under State or federal law, rule,
11or regulation.
12    (b) In a municipality within a county with a population of
13more than 1,000,000, as determined by the most recent federal
14census, during the hours of 7:00 a.m. through 9:00 a.m. and
154:00 p.m. through 6:00 p.m. a person or entity may not
16physically block an Essential Rail Crossing in a manner which
17obstructs motor vehicle traffic over the crossing for a period
18in excess of a total of 10 minutes during a 30 minute period,
19except when the blocking is by reason of circumstances over
20which the person or entity has no reasonable control, is
21necessary for maintenance of the crossing, or is otherwise
22allowed or required under State or federal law, rule, or
23regulation. This Section does not apply to a rail carrier's
24train or railroad car which is continuously moving or where the
25train or railroad car cannot be moved by reason or
26circumstances over which the rail carrier has no reasonable

 

 

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1control, is necessary for maintenance, or is otherwise allowed
2or required by State or federal law, rule, or regulation.
3    (c) Under no circumstances shall a moving train be stopped
4for the purposes of issuing a citation related to this Section.
5No employee acting under the rules or orders of his or her
6employer or its supervisory personnel may be prosecuted for a
7violation of this Section.
 
8    Section 20. Penalty for obstruction of grade crossing.
9    (a) Any person or entity violating subsection (a) or (b) of
10Section 15 of this Act shall be guilty of a petty offense and
11fined not less than $600 nor more than $1,500 plus costs, if
12the duration of the obstruction is in excess of 10 minutes but
13no longer than 15 minutes.
14    (b) Any person or entity violating subsection (a) or (b) of
15Section 15 of this Act shall be guilty of a business offense
16and fined:
17        (1) $1,500 plus costs, if the duration of the
18    obstruction is in excess of 15 minutes but no longer than
19    20 minutes;
20        (2) $2,100 plus costs, if the duration of the
21    obstruction is in excess of 20 minutes but no longer than
22    25 minutes;
23        (3) $2,700 plus costs, if the duration of the
24    obstruction is in excess of 25 minutes, but no longer than
25    30 minutes;

 

 

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1        (4) $3,000 plus costs, if the duration of the
2    obstruction is in excess of 30 minutes but no longer than
3    35 minutes; or
4        (5) if the duration of the obstruction is in excess of
5    35 minutes, the fine shall be $3,300 plus an additional
6    $500 for each 5 minutes of obstruction in excess of 35
7    minutes of obstruction, plus costs.
8    (c) All fines collected under this Section shall be
9transmitted to the State Treasurer, who shall deposit them into
10the Rail Crossing Blocking Fund, a special fund created in the
11State treasury. Moneys in the Rail Crossing Blocking Fund shall
12be appropriated solely to the Department of Transportation for
13purposes referencing the Rail Crossing Blocking Act under
14Section 2705-435 of the Department of Transportation Law of the
15Civil Administrative Code of Illinois.
 
16    Section 100. The Department of Transportation Law of the
17Civil Administrative Code of Illinois is amended by changing
18Section 2705-435 as follows:
 
19    (20 ILCS 2705/2705-435)  (was 20 ILCS 2705/49.25g-1)
20    Sec. 2705-435. Loans, grants, or contracts to
21rehabilitate, improve, or construct rail facilities; State
22Rail Freight Loan Repayment Fund. In addition to the powers
23under Section 105-430, the Department shall have the power to
24enter into agreements to loan or grant State funds to any

 

 

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1railroad, unit of local government, rail user, or owner or
2lessee of a railroad right of way to rehabilitate, improve, or
3construct rail facilities.
4    For each project proposed for funding under this Section
5the Department shall, to the extent possible, give preference
6to cost effective projects that facilitate continuation of
7existing rail freight service. In the exercise of its powers
8under this Section, the Department shall coordinate its program
9with the industrial retention and attraction programs of the
10Department of Commerce and Economic Opportunity. No funds
11provided under this Section shall be expended for the
12acquisition of a right of way or for operating subsidies. The
13costs of a project funded under this Section shall be
14apportioned in accordance with the agreement of the parties for
15the project. Projects are eligible for a loan or grant under
16this Section only when the Department determines that the
17transportation, economic, and public benefits associated with
18a project are greater than the capital costs of that project
19incurred by all parties to the agreement and that the project
20would not have occurred without its participation. In addition,
21a project to be eligible for assistance under this Section must
22be included in a State plan for rail transportation and local
23rail service prepared by the Department. The Department may
24also expend State funds for professional engineering services
25to conduct feasibility studies of projects proposed for funding
26under this Section, to estimate the costs and material

 

 

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1requirements for those projects, to provide for the design of
2those projects, including plans and specifications, and to
3conduct investigations to ensure compliance with the project
4agreements.
5    The Department, acting through the Department of Central
6Management Services, shall also have the power to let contracts
7for the purchase of railroad materials and supplies. The
8Department shall also have the power to let contracts for the
9rehabilitation, improvement, or construction of rail
10facilities. Any such contract shall be let, after due public
11advertisement, to the lowest responsible bidder or bidders,
12upon terms and conditions to be fixed by the Department. With
13regard to rehabilitation, improvement, or construction
14contracts, the Department shall also require the successful
15bidder or bidders to furnish good and sufficient bonds to
16ensure proper and prompt completion of the work in accordance
17with the provisions of the contracts.
18    In the case of an agreement under which State funds are
19loaned under this Section, the agreement shall provide the
20terms and conditions of repayment. The agreement shall provide
21for the security that the Department shall determine to protect
22the State's interest. The funds may be loaned with or without
23interest. Loaned funds that are repaid to the Department shall
24be deposited in a special fund in the State treasury to be
25known as the State Rail Freight Loan Repayment Fund. In the
26case of repaid funds deposited in the State Rail Freight Loan

 

 

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1Repayment Fund, the Department shall, subject to
2appropriation, have the reuse of those funds and the interest
3accrued thereon, which shall also be deposited by the State
4Treasurer in the Fund, as the State share in other eligible
5projects under this Section. However, no expenditures from the
6State Rail Freight Loan Repayment Fund for those projects shall
7at any time exceed the total sum of funds repaid and deposited
8in the State Rail Freight Loan Repayment Fund and interest
9earned by investment by the State Treasurer which the State
10Treasurer shall have deposited in that Fund.
11    For the purposes of promoting swift and continuous rail
12travel and service through railroad-highway grade crossings,
13the Department may enter into grant agreements with any
14railroad, rail user, or owner or lessee of a railroad
15right-of-way who has not been found in violation of the Rail
16Crossing Blocking Act, or if found in violation of the Rail
17Crossing Blocking Act agrees to reduce the number of violations
18in each year of the agreement. These additional funds shall be
19directed towards rehabilitation, improvement, or construction
20of railroad-highway grade crossings and signals, and towards
21improvements related to reducing violations of the Rail
22Crossing Blocking Act. The grants may be made from funds
23appropriated for that purpose from the Rail Crossing Blocking
24Fund.
25    For the purposes of promoting efficient rail freight
26service, the Department may also provide technical assistance

 

 

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1to railroads, units of local government or rail users, or
2owners or lessees of railroad rights-of-way.
3    The Department shall take whatever actions are necessary or
4appropriate to protect the State's interest in the event of
5bankruptcy, default, foreclosure, or noncompliance with the
6terms and conditions of financial assistance or participation
7provided hereunder, including the power to sell, dispose,
8lease, or rent, upon terms and conditions determined by the
9Secretary to be appropriate, real or personal property that the
10Department may receive as a result thereof.
11    The Department is authorized to make reasonable rules and
12regulations consistent with law necessary to carry out the
13provisions of this Section.
14(Source: P.A. 94-793, eff. 5-19-06; 94-807, eff. 5-26-06.)
 
15    Section 105. The State Finance Act is amended by adding
16Section 5.866 as follows:
 
17    (30 ILCS 105/5.866 new)
18    Sec. 5.866. The Rail Crossing Blocking Fund.
 
19    Section 110. The Illinois Vehicle Code is amended by
20changing Section 18c-7402 as follows:
 
21    (625 ILCS 5/18c-7402)  (from Ch. 95 1/2, par. 18c-7402)
22    Sec. 18c-7402. Safety Requirements for Railroad

 

 

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1Operations.
2    (1) Obstruction of Crossings.
3        (a) Obstruction of Emergency Vehicles. Every railroad
4    shall be operated in such a manner as to minimize
5    obstruction of emergency vehicles at crossings. Where such
6    obstruction occurs and the train crew is aware of the
7    obstruction, the train crew shall immediately take any
8    action, consistent with safe operating procedure,
9    necessary to remove the obstruction. In the Chicago and St.
10    Louis switching districts, every railroad dispatcher or
11    other person responsible for the movement of railroad
12    equipment in a specific area who receives notification that
13    railroad equipment is obstructing the movement of an
14    emergency vehicle at any crossing within such area shall
15    immediately notify the train crew through use of existing
16    communication facilities. Upon notification, the train
17    crew shall take immediate action in accordance with this
18    paragraph.
19        (b) (Blank). Obstruction of Highway at Grade Crossing
20    Prohibited. It is unlawful for a rail carrier to permit any
21    train, railroad car or engine to obstruct public travel at
22    a railroad-highway grade crossing for a period in excess of
23    10 minutes, except where such train or railroad car is
24    continuously moving or cannot be moved by reason of
25    circumstances over which the rail carrier has no reasonable
26    control.

 

 

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1    In a county with a population of greater than 1,000,000, as
2determined by the most recent federal census, during the hours
3of 7:00 a.m. through 9:00 a.m. and 4:00 p.m. through 6:00 p.m.
4it is unlawful for a rail carrier to permit any single train or
5railroad car to obstruct public travel at a railroad-highway
6grade crossing in excess of a total of 10 minutes during a 30
7minute period, except where the train or railroad car cannot be
8moved by reason or circumstances over which the rail carrier
9has no reasonable control. Under no circumstances will a moving
10train be stopped for the purposes of issuing a citation related
11to this Section.
12    However, no employee acting under the rules or orders of
13the rail carrier or its supervisory personnel may be prosecuted
14for a violation of this subsection (b).
15        (c) (Blank). Punishment for Obstruction of Grade
16    Crossing. Any rail carrier violating paragraph (b) of this
17    subsection shall be guilty of a petty offense and fined not
18    less than $200 nor more than $500 if the duration of the
19    obstruction is in excess of 10 minutes but no longer than
20    15 minutes. If the duration of the obstruction exceeds 15
21    minutes the violation shall be a business offense and the
22    following fines shall be imposed: if the duration of the
23    obstruction is in excess of 15 minutes but no longer than
24    20 minutes, the fine shall be $500; if the duration of the
25    obstruction is in excess of 20 minutes but no longer than
26    25 minutes, the fine shall be $700; if the duration of the

 

 

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1    obstruction is in excess of 25 minutes, but no longer than
2    30 minutes, the fine shall be $900; if the duration of the
3    obstruction is in excess of 30 minutes but no longer than
4    35 minutes, the fine shall be $1,000; if the duration of
5    the obstruction is in excess of 35 minutes, the fine shall
6    be $1,000 plus an additional $500 for each 5 minutes of
7    obstruction in excess of 25 minutes of obstruction.
8    (2) Other Operational Requirements.
9        (a) Bell and Whistle-Crossings. Every rail carrier
10    shall cause a bell, and a whistle or horn to be placed and
11    kept on each locomotive, and shall cause the same to be
12    rung or sounded by the engineer or fireman, at the distance
13    of a least 1,320 feet, from the place where the railroad
14    crosses or intersects any public highway, and shall be kept
15    ringing or sounding until the highway is reached; provided
16    that at crossings where the Commission shall by order
17    direct, only after a hearing has been held to determine the
18    public is reasonably and sufficiently protected, the rail
19    carrier may be excused from giving warning provided by this
20    paragraph.
21        (a-5) The requirements of paragraph (a) of this
22    subsection (2) regarding ringing a bell and sounding a
23    whistle or horn do not apply at a railroad crossing that
24    has a permanently installed automated audible warning
25    device authorized by the Commission under Section
26    18c-7402.1 that sounds automatically when an approaching

 

 

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1    train is at least 1,320 feet from the crossing and that
2    keeps sounding until the lead locomotive has crossed the
3    highway. The engineer or fireman may ring the bell or sound
4    the whistle or horn at a railroad crossing that has a
5    permanently installed audible warning device.
6        (b) Speed Limits. Each rail carrier shall operate its
7    trains in compliance with speed limits set by the
8    Commission. The Commission may set train speed limits only
9    where such limits are necessitated by extraordinary
10    circumstances effecting the public safety, and shall
11    maintain such train speed limits in effect only for such
12    time as the extraordinary circumstances prevail.
13        The Commission and the Department of Transportation
14    shall conduct a study of the relation between train speeds
15    and railroad-highway grade crossing safety. The Commission
16    shall report the findings of the study to the General
17    Assembly no later than January 5, 1997.
18        (c) Special Speed Limit; Pilot Project. The Commission
19    and the Board of the Commuter Rail Division of the Regional
20    Transportation Authority shall conduct a pilot project in
21    the Village of Fox River Grove, the site of the fatal
22    school bus accident at a railroad crossing on October 25,
23    1995, in order to improve railroad crossing safety. For
24    this project, the Commission is directed to set the maximum
25    train speed limit for Regional Transportation Authority
26    trains at 50 miles per hour at intersections on that

 

 

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1    portion of the intrastate rail line located in the Village
2    of Fox River Grove. If the Regional Transportation
3    Authority deliberately fails to comply with this maximum
4    speed limit, then any entity, governmental or otherwise,
5    that provides capital or operational funds to the Regional
6    Transportation Authority shall appropriately reduce or
7    eliminate that funding. The Commission shall report to the
8    Governor and the General Assembly on the results of this
9    pilot project in January 1999, January 2000, and January
10    2001. The Commission shall also submit a final report on
11    the pilot project to the Governor and the General Assembly
12    in January 2001. The provisions of this subsection (c),
13    other than this sentence, are inoperative after February 1,
14    2001.
15    (3) Report and Investigation of Rail Accidents.
16        (a) Reports. Every rail carrier shall report to the
17    Commission, by the speediest means possible, whether
18    telephone, telegraph, or otherwise, every accident
19    involving its equipment, track, or other property which
20    resulted in loss of life to any person. In addition, such
21    carriers shall file a written report with the Commission.
22    Reports submitted under this paragraph shall be strictly
23    confidential, shall be specifically prohibited from
24    disclosure, and shall not be admissible in any
25    administrative or judicial proceeding relating to the
26    accidents reported.

 

 

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1        (b) Investigations. The Commission may investigate all
2    railroad accidents reported to it or of which it acquires
3    knowledge independent of reports made by rail carriers, and
4    shall have the power, consistent with standards and
5    procedures established under the Federal Railroad Safety
6    Act, as amended, to enter such temporary orders as will
7    minimize the risk of future accidents pending notice,
8    hearing, and final action by the Commission.
9(Source: P.A. 91-675, eff. 6-1-00; 92-284, eff. 8-9-01.)

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    New Act
4    20 ILCS 2705/2705-435was 20 ILCS 2705/49.25g-1
5    30 ILCS 105/5.866 new
6    625 ILCS 5/18c-7402from Ch. 95 1/2, par. 18c-7402