Senate Sponsors: O'MALLEY-SHAW-RADOGNO. House Sponsors: DART-BROSNAHAN-CROTTY Short description: VEH CD-OBSTRUCT RR CROSSING Synopsis of Bill as introduced: Amends the Illinois Vehicle Code. Defines a "minor alteration" for purposes of the authority of the Illinois Commerce Commission to order minor alterations of any railroad crossing on a highway or public road to preserve or promote the safety or convenience of the public. Creates the offense of chronic obstruction of a grade crossing by a railroad within the Chicago switching district. Provides that the Illinois Commerce Commission may, after an investigation, make a determination that a railroad has engaged in the chronic obstruction of a grade crossing. Provides that after that designation of the railroad as chronically obstructing a grade crossing, the penalty for obstructing the grade crossing is a Class C misdemeanor for a first offense and a Class B misdemeanor for a second or subsequent offense, with a fine 3 times the amount of the fine for the previous offense. Provides that any railroad employee who is not a supervisor may not be prosecuted for chronic obstruction of a grade crossing by a railroad for any act or omission committed under rules or orders of the railroad or its supervisory personnel. Effective immediately. SENATE AMENDMENT NO. 1. Adds reference to: 625 ILCS 5/18c-1703 from Ch. 95 1/2, par. 18c-1703 Amends the Illinois Vehicle Code. Provides that a violation of the prohibition against chronic obstruction of a grade crossing is an exception to the Code provision stating that no rail carrier employee may be arrested for violation of the Illinois Commercial Transportation Law. Makes a technical change to the provision providing that any railroad employee who is not a supervisor may not be prosecuted for chronic obstruction of a railroad crossing by a railroad for any act or omission committed under rules or orders of the railroad or its supervisory personnel. SENATE AMENDMENT NO. 2. Deletes amendatory changes concerning grade crossing obstruction and provides that the Commission shall find that chronic obstruction of a grade crossing has occurred if, within a 2-week period, a railroad's trains have stopped traffic at that crossing for 20 minutes or longer 3 or more times within the Chicago switching district. Once a railroad is designated as chronically obstructing a railroad crossing, the Commission shall forward the results of the investigation to the State's Attorney, of the county where the crossing is located, for prosecution. FISCAL NOTE (Illinois Commerce Commission) ICC would incur costs in developing a program to determine whether rail carriers were creating chronic crossing obstruc- tions. Such a program could involve additional rail safety inspectors to monitor chronic crossings. However, a reason- able estimate of the total fiscal impact of a monitoring program cannot be made at this time. FISCAL NOTE (Department of Transportation) This legislation would have no fiscal impact on IDOT. CORRECTIONAL NOTE (Department of Corrections) There would be no fiscal or corrections population impact. JUDICIAL NOTE, HA #1 (Administrative Office of Ill. Courts) This legislation would not increase or decrease the number of judges needed in the State. STATE MANDATES NOTE, HA #1 (Department of Commerce and Community Affairs) This legislation does not create a State mandate under the State Mandates Act. HOME RULE NOTE, HA #1 (Department of Commerce and Community Affairs) This legislation does not contain language indicating a pre-emption of home rule powers and functions and, therefore, does not pre-empt home rule authority. FISCAL NOTE, HA #1 (Department of Transportation) Same as previous DOT fiscal note. HOUSE AMENDMENT NO. 1. Deletes language providing that a violation of the prohibition against chronic obstruction of a grade crossing is an exception to the Code provision stating that no rail carrier employee may be arrested for violation of the Illinois Commercial Transportation Law. Provides that a rail carrier employee may be arrested and prosecuted for chronic obstruction of a grade crossing within the Chicago switching district if he or she has certain managerial responsibilities. Provides that a person having those responsibilities commits the offense if a train or combination of trains has stopped traffic within the Chicago switching district for 20 minutes or longer at the same crossing 3 times within a 2 week period, and either the train or combination of trains or the construction, maintenance, or improvements that caused the delay were subject to that person's oversight. Provides that the railroad which employs the responsible person is also liable for the offense. Provides that railroads operating or engaging in construction activity within the Chicago switching district, as well as their officers and directors, have consented to prosecution under these provisions. Last action on Bill: SESSION SINE DIE Last action date: 01-01-09 Location: Senate Amendments to Bill: AMENDMENTS ADOPTED: HOUSE - 1 SENATE - 2 END OF INQUIRY Full Text Bill Status