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HB 4543

Illinois HouseIn House Committee

Summary

HB 4543, “RAIL CROSSING NEAR SCHOOLS”, was introduced in the House on Jan 22, 2026 by Rep. Nabeela Syed (D). It was referred to Rules, and last saw action on Mar 27, 2026: Rule 19(a) / Re-referred to Rules Committee.


Record

Text

HB 4543 has no co-sponsors and has not gone to a roll call.

hb4543/introduced.txt
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Full Text of HB4543
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HB4543 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4543
Introduced 1/30/2026, by Rep. Nabeela Syed
SYNOPSIS AS INTRODUCED:
625 ILCS 5/18c-7401 from Ch. 95 1/2, par. 18c-7401
Amends the Illinois Vehicle Code. Requires every rail carrier operating within the State to install, operate, and maintain pedestrian crossing gates at every grade crossing located within 1.5 miles of a school. Provides that the Illinois Commerce Commission shall have the authority to (i) determine the number, type, and location of the signs, signals, gates, or other protective devices and (ii) prescribe the division of the cost of the installation and subsequent maintenance of the signs, signals, gates, or other protective devices between the rail carrier or carriers, the public highway authority or other public authority in interest, and, in instances involving the use of the Grade Crossing Protection Fund, the Department of Transportation.
LRB104 15931 LNS 29166 b
A BILL FOR
HB4543 LRB104 15931 LNS 29166 b
AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Vehicle Code is amended by
changing Section 18c-7401 as follows:
(625 ILCS 5/18c-7401) (from Ch. 95 1/2, par. 18c-7401)
Sec. 18c-7401. Safety requirements for track, facilities,
and equipment.
(1) General Requirements. Each rail carrier shall,
consistent with rules, orders, and regulations of the Federal
Railroad Administration, construct, maintain, and operate all
of its equipment, track, and other property in this State in
such a manner as to pose no undue risk to its employees or the
person or property of any member of the public.
(2) Adoption of Federal Standards. The track safety
standards and accident/incident standards promulgated by the
Federal Railroad Administration shall be safety standards of
the Commission. The Commission may, in addition, adopt by
reference in its regulations other federal railroad safety
standards, whether contained in federal statutes or in
regulations adopted pursuant to such statutes.
(3) Railroad Crossings. No public road, highway, or street
shall hereafter be constructed across the track of any rail
HB4543 - 2 - LRB104 15931 LNS 29166 b
carrier at grade, nor shall the track of any rail carrier be
constructed across a public road, highway or street at grade,
without having first secured the permission of the Commission;
provided, that this Section shall not apply to the replacement
of lawfully existing roads, highways, and tracks. No public
pedestrian bridge or subway shall be constructed across the
track of any rail carrier without having first secured the
permission of the Commission. The Commission shall have the
right to refuse its permission or to grant it upon such terms
and conditions as it may prescribe. The Commission shall have
power to determine and prescribe the manner, including the
particular point of crossing, and the terms of installation,
operation, maintenance, use, and protection of each such
crossing.
The Commission shall also have power, after a hearing, to
require major alteration of or to abolish any crossing,
heretofore or hereafter established, when in its opinion, the
public safety requires such alteration or abolition, and,
except in cities, villages, and incorporated towns of
1,000,000 or more inhabitants, to vacate and close that part
of the highway on such crossing altered or abolished and cause
barricades to be erected across such highway in such manner as
to prevent the use of such crossing as a highway, when, in the
opinion of the Commission, the public convenience served by
the crossing in question is not such as to justify the further
retention thereof; or to require a separation of grades, at
HB4543 - 3 - LRB104 15931 LNS 29166 b
railroad-highway grade crossings; or to require a separation
of grades at any proposed crossing where a proposed public
highway may cross the tracks of any rail carrier or carriers;
and to prescribe, after a hearing of the parties, the terms
upon which such separations shall be made and the proportion
in which the expense of the alteration or abolition of such
crossings or the separation of such grades, having regard to
the benefits, if any, accruing to the rail carrier or any party
in interest, shall be divided between the rail carrier or
carriers affected, or between such carrier or carriers and the
State, county, municipality or other public authority in
interest. However, a public hearing by the Commission to
abolish a crossing shall not be required when the public
highway authority in interest vacates the highway. In such
instance the rail carrier, following notification to the
Commission and the highway authority, shall remove any grade
crossing warning devices and the grade crossing surface.
The Commission shall also have power by its order to
require the reconstruction, minor alteration, minor
relocation, or improvement of any crossing (including the
necessary highway approaches thereto) of any railroad across
any highway or public road, pedestrian bridge, or pedestrian
subway, whether such crossing be at grade or by overhead
structure or by subway, whenever the Commission finds after a
hearing or without a hearing as otherwise provided in this
paragraph that such reconstruction, alteration, relocation, or
HB4543 - 4 - LRB104 15931 LNS 29166 b
improvement is necessary to preserve or promote the safety or
convenience of the public or of the employees or passengers of
such rail carrier or carriers. By its original order or
supplemental orders in such case, the Commission may direct
such reconstruction, alteration, relocation, or improvement to
be made in such manner and upon such terms and conditions as
may be reasonable and necessary and may apportion the cost of
such reconstruction, alteration, relocation, or improvement
and the subsequent maintenance thereof, having regard to the
benefits, if any, accruing to the railroad or any party in
interest, between the rail carrier or carriers and public
utilities affected, or between such carrier or carriers and
public utilities and the State, county, municipality or other
public authority in interest. The cost to be so apportioned
shall include the cost of changes or alterations in the
equipment of public utilities affected as well as the cost of
the relocation, diversion or establishment of any public
highway, made necessary by such reconstruction, alteration,
relocation, or improvement of said crossing. A hearing shall
not be required in those instances when the Commission enters
an order confirming a written stipulation in which the
Commission, the public highway authority or other public
authority in interest, the rail carrier or carriers affected,
and in instances involving the use of the Grade Crossing
Protection Fund, the Illinois Department of Transportation,
agree on the reconstruction, alteration, relocation, or
HB4543 - 5 - LRB104 15931 LNS 29166 b
improvement and the subsequent maintenance thereof and the
division of costs of such changes of any grade crossing
(including the necessary highway approaches thereto) of any
railroad across any highway, pedestrian bridge, or pedestrian
subway.
The Commission shall also have power to enter into
stipulated agreements with a rail carrier or rail carriers or
public authorities to fund, provide, install, and maintain
safety treatments to deter trespassing on railroad property in
accordance with paragraph (1) of Section 18c-7503 at locations
approved by such rail carrier or rail carriers following a
diagnostic evaluation between the Commission and the rail
carrier or rail carriers, including any public authority in
interest or the Federal Railroad Administration, and to order
the allocation of the cost of those treatments and their
installation and maintenance from the Grade Crossing
Protection Fund. Safety treatments approved under this
paragraph by the Commission shall be deemed adequate and
appropriate.
Every rail carrier operating in the State of Illinois
shall construct and maintain every highway crossing over its
tracks within the State so that the roadway at the
intersection shall be as flush with the rails as superelevated
curves will allow, and, unless otherwise ordered by the
Commission, shall construct and maintain the approaches
thereto at a grade of not more than 5% within the right of way
HB4543 - 6 - LRB104 15931 LNS 29166 b
for a distance of not less the 6 feet on each side of the
centerline of such tracks; provided, that the grades at the
approaches may be maintained in excess of 5% only when
authorized by the Commission.
Every rail carrier operating within this State shall
remove from its right of way at all railroad-highway grade
crossings within the State, such brush, shrubbery, and trees
as is reasonably practical for a distance of not less than 500
feet in either direction from each grade crossing. The
Commission shall have power, upon its own motion, or upon
complaint, and after having made proper investigation, to
require the installation of adequate and appropriate luminous
reflective warning signs, luminous flashing signals, crossing
gates illuminated at night, or other protective devices in
order to promote and safeguard the health and safety of the
public. Luminous flashing signal or crossing gate devices
installed at grade crossings, which have been approved by the
Commission, shall be deemed adequate and appropriate. The
Commission shall have authority to determine the number, type,
and location of such signs, signals, gates, or other
protective devices which, however, shall conform as near as
may be with generally recognized national standards, and the
Commission shall have authority to prescribe the division of
the cost of the installation and subsequent maintenance of
such signs, signals, gates, or other protective devices
between the rail carrier or carriers, the public highway
HB4543 - 7 - LRB104 15931 LNS 29166 b
authority or other public authority in interest, and in
instances involving the use of the Grade Crossing Protection
Fund, the Illinois Department of Transportation. Except where
train crews provide flagging of the crossing to road users,
yield signs shall be installed at all highway intersections
with every grade crossing in this State that is not equipped
with automatic warning devices, such as luminous flashing
signals or crossing gate devices. A stop sign may be used in
lieu of the yield sign when an engineering study conducted in
cooperation with the highway authority and the Illinois
Department of Transportation has determined that a stop sign
is warranted. If the Commission has ordered the installation
of luminous flashing signal or crossing gate devices at a
grade crossing not equipped with active warning devices, the
Commission shall order the installation of temporary stop
signs at the highway intersection with the grade crossing
unless an engineering study has determined that a stop sign is
not appropriate. If a stop sign is not appropriate, the
Commission may order the installation of other appropriate
supplemental signing as determined by an engineering study.
The temporary signs shall remain in place until the luminous
flashing signal or crossing gate devices have been installed.
The rail carrier is responsible for the installation and
subsequent maintenance of any required signs. The permanent
signs shall be in place by July 1, 2011.
No railroad may change or modify the warning device system
HB4543 - 8 - LRB104 15931 LNS 29166 b
at a railroad-highway grade crossing, including warning
systems interconnected with highway traffic control signals,
without having first received the approval of the Commission.
The Commission shall have the further power, upon application,
upon its own motion, or upon complaint and after having made
proper investigation, to require the interconnection of grade
crossing warning devices with traffic control signals at
highway intersections located at or near railroad crossings
within the distances described by the State Manual on Uniform
Traffic Control Devices adopted pursuant to Section 11-301 of
this Code. In addition, State and local authorities may not
install, remove, modernize, or otherwise modify traffic
control signals at a highway intersection that is
interconnected or proposed to be interconnected with grade
crossing warning devices when the change affects the number,
type, or location of traffic control devices on the track
approach leg or legs of the intersection or the timing of the
railroad preemption sequence of operation until the Commission
has approved the installation, removal, modernization, or
modification. Commission approval shall be limited to
consideration of issues directly affecting the public safety
at the railroad-highway grade crossing. The electrical circuit
devices, alternate warning devices, and preemption sequences
shall conform as nearly as possible, considering the
particular characteristics of the crossing and intersection
area, to the State manual adopted by the Illinois Department
HB4543 - 9 - LRB104 15931 LNS 29166 b
of Transportation pursuant to Section 11-301 of this Code and
such federal standards as are made applicable by subsection
(2) of this Section. In order to carry out this authority, the
Commission shall have the authority to determine the number,
type, and location of traffic control devices on the track
approach leg or legs of the intersection and the timing of the
railroad preemption sequence of operation. The Commission
shall prescribe the division of costs for installation and
maintenance of all devices required by this paragraph between
the railroad or railroads and the highway authority in
interest and in instances involving the use of the Grade
Crossing Protection Fund or a State highway, the Illinois
Department of Transportation.
Any person who unlawfully or maliciously removes, throws
down, damages or defaces any sign, signal, gate, or other
protective device, located at or near any public grade
crossing, shall be guilty of a petty offense and fined not less
than $50 nor more than $200 for each offense. In addition to
fines levied under the provisions of this Section a person
adjudged guilty hereunder may also be directed to make
restitution for the costs of repair or replacement, or both,
necessitated by his misconduct.
It is the public policy of the State of Illinois to enhance
public safety by establishing safe grade crossings. In order
to implement this policy, the Illinois Commerce Commission is
directed to conduct public hearings and to adopt specific
HB4543 - 10 - LRB104 15931 LNS 29166 b
criteria by July 1, 1994, that shall be adhered to by the
Illinois Commerce Commission in determining if a grade
crossing should be opened or abolished. The following factors
shall be considered by the Illinois Commerce Commission in
developing the specific criteria for opening and abolishing
grade crossings:
(a) timetable speed of passenger trains;
(b) distance to an alternate crossing;
(c) accident history for the last 5 years;
(d) number of vehicular traffic and posted speed
limits;
(e) number of freight trains and their timetable
speeds;
(f) the type of warning device present at the grade
crossing;
(g) alignments of the roadway and railroad, and the
angle of intersection of those alignments;
(h) use of the grade crossing by trucks carrying
hazardous materials, vehicles carrying passengers for
hire, and school buses; and
(i) use of the grade crossing by emergency vehicles.
The Illinois Commerce Commission, upon petition to open or
abolish a grade crossing, shall enter an order opening or
abolishing the crossing if it meets the specific criteria
adopted by the Commission.
Except as otherwise provided in this subsection (3), in no
HB4543 - 11 - LRB104 15931 LNS 29166 b
instance shall a grade crossing be permanently closed without
public hearing first being held and notice of such hearing
being published in an area newspaper of local general
circulation.
(4) Freight Trains; Radio Communications. The Commission
shall after hearing and order require that every main line
railroad freight train operating on main tracks outside of
yard limits within this State shall be equipped with a radio
communication system. The Commission after notice and hearing
may grant exemptions from the requirements of this Section as
to secondary and branch lines.
(5) Railroad Bridges and Trestles; Walkway and Handrail.
In cases in which the Commission finds the same to be practical
and necessary for safety of railroad employees, bridges and
trestles, over and upon which railroad trains are operated,
shall include as a part thereof, a safe and suitable walkway
and handrail on one side only of such bridge or trestle, and
such handrail shall be located at the outer edge of the walkway
and shall provide a clearance of not less than 8 feet, 6
inches, from the center line of the nearest track, measured at
right angles thereto.
(6) Packages Containing Articles for First Aid to Injured
on Trains.
(a) All rail carriers shall provide a first aid kit
that contains, at a minimum, those articles prescribed by
the Commission, on each train or engine, for first aid to
HB4543 - 12 - LRB104 15931 LNS 29166 b
persons who may be injured in the course of the operation
of such trains.
(b) A vehicle, excluding a taxi cab used in an
emergency situation, operated by a contract carrier
transporting railroad employees in the course of their
employment shall be equipped with a readily available
first aid kit that contains, as a minimum, the same
articles that are required on each train or engine.
(7) Abandoned Bridges, Crossings, and Other Rail Plant.
The Commission shall have authority, after notice and hearing,
to order:
(a) the removal of any abandoned railroad tracks from
roads, streets or other thoroughfares in this State; and
(b) the removal of abandoned overhead railroad
structures crossing highways, waterways, or railroads.
The Commission may equitably apportion the cost of such
actions between the rail carrier or carriers, public
utilities, and the State, county, municipality, township, road
district, or other public authority in interest.
(8) Railroad-Highway Bridge Clearance. A vertical
clearance of not less than 23 feet above the top of rail shall
be provided for all new or reconstructed highway bridges
constructed over a railroad track. The Commission may permit a
lesser clearance if it determines that the 23-foot clearance
standard cannot be justified based on engineering,
operational, and economic conditions.
HB4543 - 13 - LRB104 15931 LNS 29166 b
(9) Right of Access To Railroad Property.
(a) A community antenna television company franchised
by a municipality or county pursuant to the Illinois
Municipal Code or the Counties Code, respectively, shall
not enter upon any real estate or rights-of-way in the
possession or control of a railroad subject to the
jurisdiction of the Illinois Commerce Commission unless
the community antenna television company first complies
with the applicable provisions of subparagraph (f) of
Section 11-42-11.1 of the Illinois Municipal Code or
subparagraph (f) of Section 5-1096 of the Counties Code.
(b) Notwithstanding any provision of law to the
contrary, this subsection (9) applies to all entries of
railroad rights-of-way involving a railroad subject to the
jurisdiction of the Illinois Commerce Commission by a
community antenna television company and shall govern in
the event of any conflict with any other provision of law.
(c) This subsection (9) applies to any entry upon any
real estate or right-of-way in the possession or control
of a railroad subject to the jurisdiction of the Illinois
Commerce Commission for the purpose of or in connection
with the construction, or installation of a community
antenna television company's system or facilities
commenced or renewed on or after August 22, 2017 (the
effective date of Public Act 100-251).
(d) Nothing in Public Act 100-251 shall be construed
HB4543 - 14 - LRB104 15931 LNS 29166 b
to prevent a railroad from negotiating other terms and
conditions or the resolution of any dispute in relation to
an entry upon or right of access as set forth in this
subsection (9).
(e) For purposes of this subsection (9):
"Broadband service", "cable operator", and "holder"
have the meanings given to those terms under Section
21-201 of the Public Utilities Act.
"Community antenna television company" includes, in
the case of real estate or rights-of-way in possession of
or in control of a railroad, a holder, cable operator, or
broadband service provider.
(f) Beginning on August 22, 2017 (the effective date
of Public Act 100-251), the Transportation Division of the
Illinois Commerce Commission shall include in its annual
Crossing Safety Improvement Program report a brief
description of the number of cases decided by the Illinois
Commerce Commission and the number of cases that remain
pending before the Illinois Commerce Commission under this
subsection (9) for the period covered by the report.
(10) Railroad Crossings Near Schools. Every rail carrier
operating within this State shall, in addition to the other
requirements of this Article, install, operate, and maintain
pedestrian crossing gates at every grade crossing located
within 1.5 miles of a school. The Illinois Commerce Commission
shall have the authority to determine the number, type, and
HB4543 - 15 - LRB104 15931 LNS 29166 b
location of the signs, signals, gates, or other protective
devices, which shall conform as much as possible with
generally recognized national standards. The Illinois Commerce
Commission shall have the authority to prescribe the division
of the cost of the installation and subsequent maintenance of
the signs, signals, gates, or other protective devices between
the rail carrier or carriers, the public highway authority or
other public authority in interest, and, in instances
involving the use of the Grade Crossing Protection Fund, the
Department of Transportation.
(Source: P.A. 101-81, eff. 7-12-19; 102-16, eff. 6-17-21.)

Amends the Illinois Vehicle Code. Requires every rail carrier operating within the State to install, operate, and maintain pedestrian crossing gates at every grade crossing located within 1.5 miles of a school. Provides that the Illinois Commerce Commission shall have the authority to (i) determine the number, type, and location of the signs, signals, gates, or other protective devices and (ii) prescribe the division of the cost of the installation and subsequent maintenance of the signs, signals, gates, or other protective devices between the rail carrier or carriers, the public highway authority or other public authority in interest, and, in instances involving the use of the Grade Crossing Protection Fund, the Department of Transportation.

Sponsors

Rep. Nabeela Syed (D) sponsors HB 4543 alone.

Committees

HB 4543 went before 2 committees: Rules and Transportation: Vehicles & Safety.

Rules
Rules
Referred to · Jan 30, 2026 · 5,290 Bills
Transportation: Vehicles & Safety
Transportation: Vehicles & Safety
Referred to · Mar 18, 2026

History

HB 4543 has taken 5 actions since Jan 22, 2026, the latest on Mar 27, 2026.

ChamberAction
Mar 27, 2026
House
Rule 19(a) / Re-referred to Rules Committee
Mar 18, 2026
House
Assigned to Transportation: Vehicles & Safety
Jan 30, 2026
House
First Reading
Jan 30, 2026
House
Referred to Rules Committee
Jan 22, 2026
House
Filed with the Clerk by Rep. Nabeela Syed

Votes

HB 4543 has not gone to a roll call.


Source: ilga.gov · legiscan.com