HB0420 99TH GENERAL ASSEMBLY

LRB099 02770 MRW 22778 b

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.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning transportation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Rail Crossing Blocking Act.

Section 5. Definitions. As used in this Act, unless the context clearly requires otherwise, the following terms are defined as indicated:

"Essential Rail Crossing" means a railroad-highway grade crossing designated by the Illinois Commerce Commission under Section 10 of this Act.

"Physically block" means to obstruct the movement of all motor vehicle traffic from passing through a railroad-highway grade crossing, and includes blocking of a crossing by a malfunctioning railroad crossing signal and gate located on the railroad right-of-way.

"Rail carrier" means any person engaged in the transportation of property or passengers for hire by railroad, together with all employees or agents of this person or entity, and all property used, controlled, or owned by this person or entity.

Section 10. Illinois Commerce Commission rail crossing designation.

The Illinois Commerce Commission and the Department of Transportation shall conduct a study annually of railroad-highway grade crossings located within municipalities with a population of 100,000 or more inhabitants, as determined by the most recent federal census, to identify those crossings which if blocked from normal motor vehicle traffic flow for a period of time in excess of 10 minutes would pose significant public safety concerns by impeding emergency, fire, and police use of the crossings. The Commission and Department may consult with an affected municipality for purposes of the study. A municipality, with a population under 100,000, may petition the Commission and the Department to have a railroad-highway grade crossing located within the municipality included in the study. The Commission shall use the study to annually designate any railroad-highway grade crossings in those municipalities as Essential Rail Crossings and shall publish its Essential Rail Crossing designations on its Internet website. The Commission shall notify each municipality of the location of any Essential Rail Crossing designations within the municipality.

Section 15. Obstruction of Essential Rail Crossing prohibited.

(a) Except as otherwise provided in subsection (b) of this Section, a person or entity may not physically block an Essential Rail Crossing in a manner which obstructs motor vehicle traffic over the crossing for a period in excess of 10 minutes, 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. This Section does not apply to a rail carrier's train or railroad car which is continuously moving or cannot be moved by reason of circumstances over which the rail carrier has no reasonable control, is necessary for maintenance, or is otherwise allowed or required under State or federal law, rule, or regulation.

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

(c) Under no circumstances shall a moving train be stopped for the purposes of issuing a citation related to this Section. No employee acting under the rules or orders of his or her employer or its supervisory personnel may be prosecuted for a violation of this Section.

Section 20. Penalty for obstruction of grade crossing.

(a) Any person or entity violating subsection (a) or (b) of Section 15 of this Act shall be guilty of a petty offense and fined not less than $600 nor more than $1,500 plus costs, if the duration of the obstruction is in excess of 10 minutes but no longer than 15 minutes.

(b) Any person or entity violating subsection (a) or (b) of Section 15 of this Act shall be guilty of a business offense and fined:

(1) $1,500 plus costs, if the duration of the obstruction is in excess of 15 minutes but no longer than 20 minutes;

(2) $2,100 plus costs, if the duration of the obstruction is in excess of 20 minutes but no longer than 25 minutes;

(3) $2,700 plus costs, if the duration of the obstruction is in excess of 25 minutes, but no longer than 30 minutes;

(4) $3,000 plus costs, if the duration of the obstruction is in excess of 30 minutes but no longer than 35 minutes; or

(5) if the duration of the obstruction is in excess of 35 minutes, the fine shall be $3,300 plus an additional $500 for each 5 minutes of obstruction in excess of 35 minutes of obstruction, plus costs.

(c) All fines collected under this Section shall be transmitted to the State Treasurer, who shall deposit them into the Rail Crossing Blocking Fund, a special fund created in the State treasury. Moneys in the Rail Crossing Blocking Fund shall be appropriated solely to the Department of Transportation for purposes referencing the Rail Crossing Blocking Act under Section 2705-435 of the Department of Transportation Law of the Civil Administrative Code of Illinois.

Section 100. The Department of Transportation Law of the Civil Administrative Code of Illinois is amended by changing Section 2705-435 as follows:

(20 ILCS 2705/2705-435) (was 20 ILCS 2705/49.25g-1)

Sec. 2705-435. Loans, grants, or contracts to rehabilitate, improve, or construct rail facilities; State Rail Freight Loan Repayment Fund. In addition to the powers under Section 105-430, the Department shall have the power to enter into agreements to loan or grant State funds to any railroad, unit of local government, rail user, or owner or lessee of a railroad right of way to rehabilitate, improve, or construct rail facilities.

For each project proposed for funding under this Section the Department shall, to the extent possible, give preference to cost effective projects that facilitate continuation of existing rail freight service. In the exercise of its powers under this Section, the Department shall coordinate its program with the industrial retention and attraction programs of the Department of Commerce and Economic Opportunity. No funds provided under this Section shall be expended for the acquisition of a right of way or for operating subsidies. The costs of a project funded under this Section shall be apportioned in accordance with the agreement of the parties for the project. Projects are eligible for a loan or grant under this Section only when the Department determines that the transportation, economic, and public benefits associated with a project are greater than the capital costs of that project incurred by all parties to the agreement and that the project would not have occurred without its participation. In addition, a project to be eligible for assistance under this Section must be included in a State plan for rail transportation and local rail service prepared by the Department. The Department may also expend State funds for professional engineering services to conduct feasibility studies of projects proposed for funding under this Section, to estimate the costs and material requirements for those projects, to provide for the design of those projects, including plans and specifications, and to conduct investigations to ensure compliance with the project agreements.

The Department, acting through the Department of Central Management Services, shall also have the power to let contracts for the purchase of railroad materials and supplies. The Department shall also have the power to let contracts for the rehabilitation, improvement, or construction of rail facilities. Any such contract shall be let, after due public advertisement, to the lowest responsible bidder or bidders, upon terms and conditions to be fixed by the Department. With regard to rehabilitation, improvement, or construction contracts, the Department shall also require the successful bidder or bidders to furnish good and sufficient bonds to ensure proper and prompt completion of the work in accordance with the provisions of the contracts.

In the case of an agreement under which State funds are loaned under this Section, the agreement shall provide the terms and conditions of repayment. The agreement shall provide for the security that the Department shall determine to protect the State's interest. The funds may be loaned with or without interest. Loaned funds that are repaid to the Department shall be deposited in a special fund in the State treasury to be known as the State Rail Freight Loan Repayment Fund. In the case of repaid funds deposited in the State Rail Freight Loan Repayment Fund, the Department shall, subject to appropriation, have the reuse of those funds and the interest accrued thereon, which shall also be deposited by the State Treasurer in the Fund, as the State share in other eligible projects under this Section. However, no expenditures from the State Rail Freight Loan Repayment Fund for those projects shall at any time exceed the total sum of funds repaid and deposited in the State Rail Freight Loan Repayment Fund and interest earned by investment by the State Treasurer which the State Treasurer shall have deposited in that Fund.

For the purposes of promoting swift and continuous rail travel and service through railroad-highway grade crossings, the Department may enter into grant agreements with any railroad, rail user, or owner or lessee of a railroad right-of-way who has not been found in violation of the Rail Crossing Blocking Act, or if found in violation of the Rail Crossing Blocking Act agrees to reduce the number of violations in each year of the agreement. These additional funds shall be directed towards rehabilitation, improvement, or construction of railroad-highway grade crossings and signals, and towards improvements related to reducing violations of the Rail Crossing Blocking Act. The grants may be made from funds appropriated for that purpose from the Rail Crossing Blocking Fund.

For the purposes of promoting efficient rail freight service, the Department may also provide technical assistance to railroads, units of local government or rail users, or owners or lessees of railroad rights-of-way.

The Department shall take whatever actions are necessary or appropriate to protect the State's interest in the event of bankruptcy, default, foreclosure, or noncompliance with the terms and conditions of financial assistance or participation provided hereunder, including the power to sell, dispose, lease, or rent, upon terms and conditions determined by the Secretary to be appropriate, real or personal property that the Department may receive as a result thereof.

The Department is authorized to make reasonable rules and regulations consistent with law necessary to carry out the provisions of this Section.

(Source: P.A. 94-793, eff. 5-19-06; 94-807, eff. 5-26-06.)

Section 105. The State Finance Act is amended by adding Section 5.866 as follows:

(30 ILCS 105/5.866 new)

Sec. 5.866. The Rail Crossing Blocking Fund.

Section 110. The Illinois Vehicle Code is amended by changing Section 18c-7402 as follows:

(625 ILCS 5/18c-7402) (from Ch. 95 1/2, par. 18c-7402)

Sec. 18c-7402. Safety Requirements for Railroad Operations.

(1) Obstruction of Crossings.

(a) Obstruction of Emergency Vehicles. Every railroad shall be operated in such a manner as to minimize obstruction of emergency vehicles at crossings. Where such obstruction occurs and the train crew is aware of the obstruction, the train crew shall immediately take any action, consistent with safe operating procedure, necessary to remove the obstruction. In the Chicago and St. Louis switching districts, every railroad dispatcher or other person responsible for the movement of railroad equipment in a specific area who receives notification that railroad equipment is obstructing the movement of an emergency vehicle at any crossing within such area shall immediately notify the train crew through use of existing communication facilities. Upon notification, the train crew shall take immediate action in accordance with this paragraph.

(b) (Blank). Obstruction of Highway at Grade Crossing Prohibited. It is unlawful for a rail carrier to permit any train, railroad car or engine to obstruct public travel at a railroad-highway grade crossing for a period in excess of 10 minutes, except where such train or railroad car is continuously moving or cannot be moved by reason of circumstances over which the rail carrier has no reasonable control.

In a county with a population of greater than 1,000,000, as determined by the most recent federal census, during the hours of 7:00 a.m. through 9:00 a.m. and 4:00 p.m. through 6:00 p.m. it is unlawful for a rail carrier to permit any single train or railroad car to obstruct public travel at a railroad-highway grade crossing in excess of a total of 10 minutes during a 30 minute period, except where the train or railroad car cannot be moved by reason or circumstances over which the rail carrier has no reasonable control. Under no circumstances will a moving train be stopped for the purposes of issuing a citation related to this Section.

However, no employee acting under the rules or orders of the rail carrier or its supervisory personnel may be prosecuted for a violation of this subsection (b).

(c) (Blank). Punishment for Obstruction of Grade Crossing. Any rail carrier violating paragraph (b) of this subsection shall be guilty of a petty offense and fined not less than $200 nor more than $500 if the duration of the obstruction is in excess of 10 minutes but no longer than 15 minutes. If the duration of the obstruction exceeds 15 minutes the violation shall be a business offense and the following fines shall be imposed: if the duration of the obstruction is in excess of 15 minutes but no longer than 20 minutes, the fine shall be $500; if the duration of the obstruction is in excess of 20 minutes but no longer than 25 minutes, the fine shall be $700; if the duration of the obstruction is in excess of 25 minutes, but no longer than 30 minutes, the fine shall be $900; if the duration of the obstruction is in excess of 30 minutes but no longer than 35 minutes, the fine shall be $1,000; if the duration of the obstruction is in excess of 35 minutes, the fine shall be $1,000 plus an additional $500 for each 5 minutes of obstruction in excess of 25 minutes of obstruction.

(2) Other Operational Requirements.

(a) Bell and Whistle-Crossings. Every rail carrier shall cause a bell, and a whistle or horn to be placed and kept on each locomotive, and shall cause the same to be rung or sounded by the engineer or fireman, at the distance of a least 1,320 feet, from the place where the railroad crosses or intersects any public highway, and shall be kept ringing or sounding until the highway is reached; provided that at crossings where the Commission shall by order direct, only after a hearing has been held to determine the public is reasonably and sufficiently protected, the rail carrier may be excused from giving warning provided by this paragraph.

(a-5) The requirements of paragraph (a) of this subsection (2) regarding ringing a bell and sounding a whistle or horn do not apply at a railroad crossing that has a permanently installed automated audible warning device authorized by the Commission under Section 18c-7402.1 that sounds automatically when an approaching train is at least 1,320 feet from the crossing and that keeps sounding until the lead locomotive has crossed the highway. The engineer or fireman may ring the bell or sound the whistle or horn at a railroad crossing that has a permanently installed audible warning device.

(b) Speed Limits. Each rail carrier shall operate its trains in compliance with speed limits set by the Commission. The Commission may set train speed limits only where such limits are necessitated by extraordinary circumstances effecting the public safety, and shall maintain such train speed limits in effect only for such time as the extraordinary circumstances prevail.

The Commission and the Department of Transportation shall conduct a study of the relation between train speeds and railroad-highway grade crossing safety. The Commission shall report the findings of the study to the General Assembly no later than January 5, 1997.

(c) Special Speed Limit; Pilot Project. The Commission and the Board of the Commuter Rail Division of the Regional Transportation Authority shall conduct a pilot project in the Village of Fox River Grove, the site of the fatal school bus accident at a railroad crossing on October 25, 1995, in order to improve railroad crossing safety. For this project, the Commission is directed to set the maximum train speed limit for Regional Transportation Authority trains at 50 miles per hour at intersections on that portion of the intrastate rail line located in the Village of Fox River Grove. If the Regional Transportation Authority deliberately fails to comply with this maximum speed limit, then any entity, governmental or otherwise, that provides capital or operational funds to the Regional Transportation Authority shall appropriately reduce or eliminate that funding. The Commission shall report to the Governor and the General Assembly on the results of this pilot project in January 1999, January 2000, and January 2001. The Commission shall also submit a final report on the pilot project to the Governor and the General Assembly in January 2001. The provisions of this subsection (c), other than this sentence, are inoperative after February 1, 2001.

(3) Report and Investigation of Rail Accidents.

(a) Reports. Every rail carrier shall report to the Commission, by the speediest means possible, whether telephone, telegraph, or otherwise, every accident involving its equipment, track, or other property which resulted in loss of life to any person. In addition, such carriers shall file a written report with the Commission. Reports submitted under this paragraph shall be strictly confidential, shall be specifically prohibited from disclosure, and shall not be admissible in any administrative or judicial proceeding relating to the accidents reported.

(b) Investigations. The Commission may investigate all railroad accidents reported to it or of which it acquires knowledge independent of reports made by rail carriers, and shall have the power, consistent with standards and procedures established under the Federal Railroad Safety Act, as amended, to enter such temporary orders as will minimize the risk of future accidents pending notice, hearing, and final action by the Commission.

(Source: P.A. 91-675, eff. 6-1-00; 92-284, eff. 8-9-01.)