91st General Assembly
Summary of SB1393
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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 
                                                                               



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