Bill Text: IL SB1773 | 2015-2016 | 99th General Assembly | Introduced

---

Bill Title: 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. Provides that a municipality with less than 100,000 inhabitants may petition to have a crossing included in the study. Provides that the Commission shall use the study to designate Essential Rail Crossings. Provides that 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2015-02-20 - Referred to Assignments [SB1773 Detail]

Download: Illinois-2015-SB1773-Introduced.html

---

99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 SB1773 Introduced 2/20/2015, by Sen. Bill Cunningham 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.
LRB099 09109 RJF 29304 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
SB1773 LRB099 09109 RJF 29304 b
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

SB1773 - 2 - LRB099 09109 RJF 29304 b
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

SB1773 - 3 - LRB099 09109 RJF 29304 b
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

SB1773 - 4 - LRB099 09109 RJF 29304 b
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;

SB1773 - 5 - LRB099 09109 RJF 29304 b
(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

SB1773 - 6 - LRB099 09109 RJF 29304 b
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

SB1773 - 7 - LRB099 09109 RJF 29304 b
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

SB1773 - 8 - LRB099 09109 RJF 29304 b
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

SB1773 - 9 - LRB099 09109 RJF 29304 b
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

SB1773 - 10 - LRB099 09109 RJF 29304 b
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.

SB1773 - 11 - LRB099 09109 RJF 29304 b
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

SB1773 - 12 - LRB099 09109 RJF 29304 b
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

SB1773 - 13 - LRB099 09109 RJF 29304 b
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

SB1773 - 14 - LRB099 09109 RJF 29304 b
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.

SB1773 - 15 - LRB099 09109 RJF 29304 b
(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.)
SB1773 - 16 - LRB099 09109 RJF 29304 b
INDEX
Statutes amended in order of appearance