Full Text of HJR0094 95th General Assembly
HJ0094 95TH GENERAL ASSEMBLY
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| HOUSE JOINT RESOLUTION
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| WHEREAS, There are numerous, negative impacts on a | 3 |
| municipality when a railroad train blocks one or more railroad | 4 |
| crossings for a significant length of time; and
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| WHEREAS, An impact may be severe if emergency responders | 6 |
| are forced to wait at a crossing or take a longer alternative | 7 |
| route because of the blocked crossing; and
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| WHEREAS, Municipalities have the duty to protect and | 9 |
| enhance the health, safety, and welfare of their residents; and
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| WHEREAS, Blocked railroad crossings are a direct threat to | 11 |
| the health, safety, and welfare of the residents of a | 12 |
| municipality; and
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| WHEREAS, The federal government has failed to take action | 14 |
| on the issue of trains blocking municipal railroad crossings; | 15 |
| and
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| WHEREAS, Section 18c-7402(1)(b) of the Illinois Vehicle | 17 |
| Code makes it a violation for a train to obstruct a | 18 |
| railroad-highway grade crossing for a period in excess of 10 | 19 |
| minutes unless the train is continuously moving or cannot be | 20 |
| moved by reason of circumstances over which the railroad has no |
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| reasonable control; and
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| WHEREAS, Multiple municipalities throughout Illinois, | 3 |
| including the Village of Mundelein, have adopted ordinances | 4 |
| modeled after the State statute because of the negative impact | 5 |
| of trains blocking railroad crossings for extensive lengths of | 6 |
| time in those municipalities; and
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| WHEREAS, The Village of Mundelein, pursuant to its | 8 |
| ordinance, cited a railroad for blocking a railroad-highway | 9 |
| crossing for 157 minutes and the trial court found the railroad | 10 |
| guilty and imposed a $14,000 fine; the railroad appealed to the | 11 |
| Appellate Court which reversed the trial court's ruling; after | 12 |
| which the Village of Mundelein appealed to the Illinois Supreme | 13 |
| Court; and | 14 |
| WHEREAS, The Illinois Supreme Court recently struck down | 15 |
| the Village of Mundelein ordinance modeled after the Illinois | 16 |
| statute in the case of Village of Mundelein v. Wisconsin | 17 |
| Central Railroad; and | 18 |
| WHEREAS, The Illinois Supreme Court ruled that the Federal | 19 |
| Railroad Safety Authorization Act of 1994 preempts both | 20 |
| Illinois law and municipal ordinances; therefore, be it
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| RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE |
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| NINETY-FIFTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE | 2 |
| SENATE CONCURRING HEREIN, that the United States Congress, the | 3 |
| United States Department of Transportation, and the United | 4 |
| States Department of Homeland Security, be encouraged to | 5 |
| promptly take the necessary legislative and administrative | 6 |
| steps to rectify the safety concerns that arise when trains | 7 |
| block municipal railroad crossings for extensive lengths of | 8 |
| time; and be it further
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| RESOLVED, That the United States Congress, the United | 10 |
| States Department of Transportation, and the United States | 11 |
| Department of Homeland Security create guidelines and models | 12 |
| for municipalities to follow to ensure uniformity for both | 13 |
| municipalities and railroads; and be it further
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| RESOLVED, That a suitable copy of this resolution be | 15 |
| delivered to the United States Secretary of Transportation, the | 16 |
| United States Secretary of Homeland Security, the Speaker and | 17 |
| minority leader of the United States House of Representatives, | 18 |
| the President Pro Tempore and the minority leader of the United | 19 |
| States Senate, and each member of the Illinois congressional | 20 |
| delegation.
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