AL
Alabama House Bill HB122

Alabama 2022 Regular Session

Alabama House Bill HB122 Compare Versions

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11 1 HB122
2-2 216216-3
2+2 216216-2
33 3 By Representative Garrett
44 4 RFD: Transportation, Utilities and Infrastructure
55 5 First Read: 13-JAN-22
66
7-Page 0 1 ENGROSSED
7+Page 0 1 216216-2:n:01/11/2022:CMH/bm LSA2021-2477R1
88 2
99 3
10-4 A BILL
11-5 TO BE ENTITLED
12-6 AN ACT
10+4
11+5
12+6
1313 7
14-8 Relating to emergency services; to provide
15-9 legislative findings; to provide prohibitions on the blocking
16-10 of a railroad-highway grade crossing under certain conditions;
17-11 and to provide a civil penalty for a violation.
18-12 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
19-13 Section 1. (a) The Legislature finds and declares
20-14 the following:
21-15 (1) That other emergency services, including
22-16 services provided by law enforcement officers, firefighters,
23-17 and emergency medical services personnel, are a primary and
24-18 essential service to the health and well-being of the people
25-19 of the State of Alabama.
26-20 (2) That effective delivery of emergency medical
27-21 care and the fast response by law enforcement officers and
28-22 firefighters is often the difference between life and death or
29-23 permanent disability to those persons in the State of Alabama
30-24 making use of such services in an emergency.
31-25 (3) That the effective delivery of emergency
32-26 services by emergency medical services personnel and other
33-27 emergency services provided by first responders has been
34-Page 1 1 delayed by the negligent blocking of railroad-highway grade
35-2 crossings.
36-3 (4) In many counties and municipalities in the State
37-4 of Alabama, the blocking of a single railroad-highway grade
38-5 crossing can cause substantial delays in the provision of
39-6 necessary emergency services.
40-7 (b) Except for trains stopped due to mechanical
41-8 failure, derailment, or other unforeseeable event outside the
42-9 control of the rail carrier, where separation or movement is
43-10 not possible, and except for trains stopped as required by
44-11 federal law, any train that has come to a complete stop and is
45-12 blocking a railroad-highway grade crossing for two or more
46-13 continuous hours shall be cut, separated, or moved to clear
47-14 the crossing upon the approach of any authorized emergency
48-15 vehicle, as defined under Section 32-1-1.1, Code of Alabama
49-16 1975.
50-17 (c) When a train blocks a railroad-highway grade
51-18 crossing in violation of subsection (b) for two or more
52-19 continuous hours, the train shall constitute a public
53-20 nuisance. The person or entity rail carrier, as defined under
54-21 49 U.S.C. §10102, operating the train shall pay a civil
55-22 penalty of five thousand dollars ($5,000) for each hour the
56-23 train blocks the railroad-highway grade crossing; provided the
57-24 civil penalty does not exceed fifty thousand dollars ($50,000)
58-25 per day.
59-26 (d) When a train is in violation of subsection (b),
60-27 the Attorney General or governing body of a local county or
61-Page 2 1 municipality may file an emergency petition with a court of
62-2 competent jurisdiction to request the public nuisance to be
63-3 abated. The court may grant the petition and order the train
64-4 to be cut, separated, or moved to allow passage through the
65-5 railroad-highway grade crossing by an approaching authorized
66-6 emergency vehicle. The operator of rail carrier, as defined
67-7 under 49 U.S.C. §10102, operating a train in violation of this
68-8 section shall be taxed for all costs arising out of this
69-9 subsection.
70-10 (e) In a successful action brought under this
71-11 section by the Attorney General or governing body of a local
72-12 county or municipality, the court shall award reasonable
73-13 attorney fees and costs to the prevailing party.
74-14 Section 2. This act shall become effective on the
75-15 first day of the third month following its passage and
76-16 approval by the Governor, or its otherwise becoming law.
77-Page 3 1
78-2
79-House of Representatives3
80-Read for the first time and re-4
81-5 ferred to the House of Representa-
82-6 tives committee on Transportation,
83-Utilities and Infrastructure ......7 .......13-JAN-22
84- 8
85-Read for the second time and placed9
86-on the calendar 1 amendment ......10 .......23-FEB-22
87- 11
88-Read for the third time and passed12
89-as amended.........................13 .......01-MAR-22
90-Yeas 95, Nays 1, Abstains 414
91- 15
92-16 Jeff Woodard
93-17 Clerk
94-18
14+8 SYNOPSIS: This bill would provide that, except for
15+9 trains stopped due to mechanical failure where
16+10 separation or movement is not possible, and except
17+11 for trains stopped as required by federal law, any
18+12 train that has come to a complete stop and is
19+13 blocking a railroad-highway grade crossing shall be
20+14 cut, separated, or moved to clear the crossing upon
21+15 the approach of any authorized emergency vehicle.
22+16 This bill would deem the operator of a train
23+17 that blocks a railroad-highway grade crossing for
24+18 two or more continuous hours to be a public
25+19 nuisance and would levy a civil penalty of $5,000
26+20 for each additional hour the train blocks the
27+21 railroad-highway grade crossing. The civil penalty
28+22 would be limited to $50,000 per day.
29+23 This bill would also authorize a law
30+24 enforcement officer to order the cutting, movement,
31+25 or separation of a train that blocks a crossing in
32+26 violation of this section, and would tax all costs
33+27 to the operator of the train.
34+Page 1 1
35+2 A BILL
36+3 TO BE ENTITLED
37+4 AN ACT
38+5
39+6 Relating to emergency services; to provide
40+7 legislative findings; to provide prohibitions on the blocking
41+8 of a railroad-highway grade crossing under certain conditions;
42+9 and to provide a civil penalty for a violation.
43+10 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
44+11 Section 1. (a) The Legislature finds and declares
45+12 the following:
46+13 (1) That other emergency services, including
47+14 services provided by law enforcement officers, firefighters,
48+15 and emergency medical services personnel, are a primary and
49+16 essential service to the health and well-being of the people
50+17 of the State of Alabama.
51+18 (2) That effective delivery of emergency medical
52+19 care and the fast response by law enforcement officers and
53+20 firefighters is often the difference between life and death or
54+21 permanent disability to those persons in the State of Alabama
55+22 making use of such services in an emergency.
56+23 (3) That the effective delivery of emergency
57+24 services by emergency medical services personnel and other
58+25 emergency services provided by first responders has been
59+26 delayed by the negligent blocking of railroad-highway grade
60+27 crossings.
61+Page 2 1 (4) In many counties and municipalities in the State
62+2 of Alabama, the blocking of a single railroad-highway grade
63+3 crossing can cause substantial delays in the provision of
64+4 necessary emergency services.
65+5 (b) Except for trains stopped due to mechanical
66+6 failure, where separation or movement is not possible, and
67+7 except for trains stopped as required by federal law, any
68+8 train that has come to a complete stop and is blocking a
69+9 railroad-highway grade crossing for two or more continuous
70+10 hours shall be cut, separated, or moved to clear the crossing
71+11 upon the approach of any authorized emergency vehicle, as
72+12 defined under Section 32-1-1.1, Code of Alabama 1975.
73+13 (c) When a train blocks a railroad-highway grade
74+14 crossing in violation of subsection (b) for two or more
75+15 continuous hours, the train shall constitute a public
76+16 nuisance. The person or entity operating the train shall pay a
77+17 civil penalty of five thousand dollars ($5,000) for each hour
78+18 the train blocks the railroad-highway grade crossing; provided
79+19 the civil penalty does not exceed fifty thousand dollars
80+20 ($50,000) per day.
81+21 (d) When a train is in violation of subsection (b),
82+22 the Attorney General or governing body of a local county or
83+23 municipality may file an emergency petition with a court of
84+24 competent jurisdiction to request the public nuisance to be
85+25 abated. The court may grant the petition and order the train
86+26 to be cut, separated, or moved to allow passage through the
87+27 railroad-highway grade crossing by an approaching authorized
88+Page 3 1 emergency vehicle. The operator of a train in violation of
89+2 this section shall be taxed for all costs arising out of this
90+3 subsection.
91+4 (e) In a successful action brought under this
92+5 section by the Attorney General or governing body of a local
93+6 county or municipality, the court shall award reasonable
94+7 attorney fees and costs to the prevailing party.
95+8 Section 2. This act shall become effective on the
96+9 first day of the third month following its passage and
97+10 approval by the Governor, or its otherwise becoming law.
9598 Page 4