O'MALLEY-SHAW-RADOGNO. (DART-BROSNAHAN-CROTTY) 625 ILCS 5/18c-7401 from Ch. 95 1/2, par. 18c-7401 625 ILCS 5/18c-7402 from Ch. 95 1/2, par. 18c-7402 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. 00-01-19 S FIRST READING 00-01-19 S REFERRED TO SENATE RULES COMMITTEE RULES 00-01-26 S ASSIGNED TO COMMITTEE TRANSPORTN 00-02-02 S AMENDMENT NO. 01-TRANSPORTN S 00-02-02 S ADOPTED 00-02-02 S DO PASS AS AMENDED 006-003-000 STRN 00-02-02 S PLACED ON CALENDAR ORDER OF 2ND READING 00-02-08 00-02-08 S SECOND READING 00-02-08 S PLACED ON CALENDAR ORDER OF 3RD READING 00-02-09 00-02-22 S FILED WITH SECRETARY 00-02-22 S AMENDMENT NO. 02-O'MALLEY 00-02-22 S AMENDMENT REFERRED TO SRUL 00-02-23 S AMENDMENT NO. 02-O'MALLEY 00-02-23 S RULES REFERS TO STRN 00-02-24 S AMENDMENT NO. 02-O'MALLEY 00-02-24 S BE ADOPTED STRN/006-003-001 00-02-24 S RECALLED TO SECOND READING 00-02-24 S AMENDMENT NO. 02-O'MALLEY 00-02-24 S ADOPTED 00-02-24 S PLACED ON CALENDAR ORDER OF 3RD READING 00-02-25 00-02-25 S ADDED AS A CHIEF CO-SPONSOR SHAW 00-02-25 S ADDED AS A CHIEF CO-SPONSOR RADOGNO 00-02-25 S THIRD READING - PASSED 044-010-003 00-02-25 H ARRIVE IN HOUSE 00-02-25 H PLACED CALENDAR ORDER OF FIRST READING 00-02-29 H HOUSE SPONSOR DANIELS 00-02-29 H FIRST READING 00-02-29 H REFERRED TO HOUSE RULES COMMITTEE RULES 00-03-14 H ALTERNATE PRIMARY SPONSOR CHANGED TO BASSI 00-03-16 H ASSIGNED TO COMMITTEE JUD-CIVIL LAW 00-03-23 H ALTERNATE PRIMARY SPONSOR CHANGED TO BIGGINS 00-03-24 H RE-REFERRED TO RULES COMM/RULE 19(A) RULES HRUL 00-03-30 H ALTERNATE PRIMARY SPONSOR CHANGED TO BROSNAHAN 00-03-30 H ASSIGNED TO COMMITTEE JUD-CIVIL LAW 00-03-30 H COMMITTEE DEADLINE 00-03-30 H EXTENDED - 4/7/00 00-03-30 H COMMITTEE JUD-CIVIL LAW 00-03-30 H ALTERNATE PRIMARY SPONSOR CHANGED TO DART 00-04-05 H DO PASS/STANDARD DEBATE 006-002-002 HJUA 00-04-05 H PLACED CAL 2ND READING-STANDARD DEBATE 00-04-05 H FISCAL NOTE REQUESTED TENHOUSE 00-04-05 H CORRECTIONAL NOTE REQUESTED TENHOUSE 00-04-05 H SECOND READING-STANDARD DEBATE 00-04-05 H HELD CAL ORDER 2ND READING-STANDARD DBT 00-04-06 H FISCAL NOTE FILED 00-04-06 H FISCAL NOTE FILED 00-04-06 H HELD CAL ORDER 2ND READING-STANDARD DBT 00-04-07 H AMENDMENT NO. 01-DART 00-04-07 H AMENDMENT REFERRED TO HRUL 00-04-07 H CORRECTIONAL NOTE FILED 00-04-07 H 3RD READING 00-04-07 H DEADLINE EXTENDED 00-04-07 H - APRIL 14, 2000 00-04-07 H HELD CAL ORDER 2ND READING-STANDARD DBT 00-04-10 H AMENDMENT NO. 01-DART 00-04-10 H RECOMMENDS BE ADOPTED HRUL/004-000-000 00-04-10 H FISCAL NOTE REQUESTED AS AMENDED BY HA #1/TENHOUSE 00-04-10 H STATE MNDT FISCAL NOTE RQSTD AS AMENDED BY HA #1/TENHOUSE 00-04-10 H HOME RULE NOTE REQUESTED AS AMENDED BY HA #1/TENHOUSE 00-04-10 H JUDICIAL NOTE REQUESTED AS AMENDED BY HA #1/TENHOUSE 00-04-10 H HELD CAL ORDER 2ND READING-STANDARD DBT 00-04-11 H JUDICIAL NOTE FILED AS AMENDED BY HOUSE AMEND #1 00-04-11 H HELD CAL ORDER 2ND READING-STANDARD DBT 00-04-12 H STATE MNDT FISCAL NOTE FILED AS AMENDED BY HOUSE AMEND #1 00-04-12 H HOME RULE NOTE FILED AS AMENDED BY HOUSE AMEND #1 00-04-12 H FISCAL NOTE FILED AS AMENDED BY HOUSE AMEND #1 00-04-12 H HELD CAL ORDER 2ND READING-STANDARD DBT 00-04-13 H AMENDMENT NO. 01-DART 00-04-13 H ADOPTED 00-04-13 H PLCD CAL ORDER 3RD READING-STNDRD DEBATE 00-04-13 H ADDED AS A JOINT SPONSOR BROSNAHAN 00-04-13 H ADDED AS A JOINT SPONSOR CROTTY 00-04-13 H THIRD READING/SHORT DEBATE/LOST 012-101-004 01-01-09 S SESSION SINE DIE END OF INQUIRY Full Text Bill Summary