HJ0094 95TH GENERAL ASSEMBLY

HJ0094 LRB095 18952 AJO 45114 r

HOUSE JOINT RESOLUTION

WHEREAS, There are numerous, negative impacts on a municipality when a railroad train blocks one or more railroad crossings for a significant length of time; and

WHEREAS, An impact may be severe if emergency responders are forced to wait at a crossing or take a longer alternative route because of the blocked crossing; and

WHEREAS, Municipalities have the duty to protect and enhance the health, safety, and welfare of their residents; and

WHEREAS, Blocked railroad crossings are a direct threat to the health, safety, and welfare of the residents of a municipality; and

WHEREAS, The federal government has failed to take action on the issue of trains blocking municipal railroad crossings; and

WHEREAS, Section 18c-7402(1)(b) of the Illinois Vehicle Code makes it a violation for a train to obstruct a railroad-highway grade crossing for a period in excess of 10 minutes unless the train is continuously moving or cannot be moved by reason of circumstances over which the railroad has no reasonable control; and

WHEREAS, Multiple municipalities throughout Illinois, including the Village of Mundelein, have adopted ordinances modeled after the State statute because of the negative impact of trains blocking railroad crossings for extensive lengths of time in those municipalities; and

WHEREAS, The Village of Mundelein, pursuant to its ordinance, cited a railroad for blocking a railroad-highway crossing for 157 minutes and the trial court found the railroad guilty and imposed a $14,000 fine; the railroad appealed to the Appellate Court which reversed the trial court's ruling; after which the Village of Mundelein appealed to the Illinois Supreme Court; and

WHEREAS, The Illinois Supreme Court recently struck down the Village of Mundelein ordinance modeled after the Illinois statute in the case of Village of Mundelein v. Wisconsin Central Railroad; and

WHEREAS, The Illinois Supreme Court ruled that the Federal Railroad Safety Authorization Act of 1994 preempts both Illinois law and municipal ordinances; therefore, be it

RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIFTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that the United States Congress, the United States Department of Transportation, and the United States Department of Homeland Security, be encouraged to promptly take the necessary legislative and administrative steps to rectify the safety concerns that arise when trains block municipal railroad crossings for extensive lengths of time; and be it further

RESOLVED, That the United States Congress, the United States Department of Transportation, and the United States Department of Homeland Security create guidelines and models for municipalities to follow to ensure uniformity for both municipalities and railroads; and be it further

RESOLVED, That a suitable copy of this resolution be delivered to the United States Secretary of Transportation, the United States Secretary of Homeland Security, the Speaker and minority leader of the United States House of Representatives, the President Pro Tempore and the minority leader of the United States Senate, and each member of the Illinois congressional delegation.