Bill Text: IL HR0751 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Expresses support for a strong intercity passenger rail network and supports the passage of U.S. S.2922, the proposed "Rail Passenger Fairness Act", providing Amtrak the ability to enforce its preference rights by bringing a civil action before a federal district court.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HR0751 Detail]

Download: Illinois-2019-HR0751-Introduced.html

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HOUSE RESOLUTION
WHEREAS, The U.S. Congress created Amtrak under the Rail
Passenger Service Act of 1970 (Public Law 91–158), and Amtrak
began serving customers on May 1, 1971, taking over the
operation of most intercity passenger trains in exchange for
access to the national rail network; and
WHEREAS, Congress passed the Amtrak Improvement Act of 1973
(Public Law 93–146), which gives intercity and commuter rail
passenger transportation preference over freight
transportation in using a rail line, junction, or crossing, a
right codified as section 24308(c) of title 49, United States
Code; and
WHEREAS, U.S.C. Sec. 24308(c) of Title 49 states, "Except
in an emergency, intercity and commuter rail passenger
transportation provided by or for Amtrak has preference over
freight transportation in using a rail line, junction, or
crossing unless the [Surface Transportation] Board orders
otherwise under this subsection. A rail carrier affected by
this subsection may apply to the Board for relief. If the
Board, after an opportunity for a hearing under section 553 of
title 5, decides that preference for intercity and commuter
rail passenger transportation materially will lessen the
quality of freight transportation provided to shippers, the

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Board shall establish the rights of the carrier and Amtrak on
reasonable terms"; and
WHEREAS, Many host railroads have ignored the law by
refusing to give passenger rail the priority to which it is
statutorily entitled, resulting in poor and declining on-time
performance by Amtrak on most host railroads; according to
Amtrak during fiscal year 2019 alone, this caused 6.5 million
customers on state-supported and long-distance trains to
arrive at their destination late; and
WHEREAS, Amtrak's Office of Inspector General, in a 2019
report, showed poor on-time performance wastes taxpayer
dollars to the extent that a mere five percent improvement on
all Amtrak routes would result in $12.1 million in cost savings
to Amtrak in the first year; if on-time performance on
long-distance routes reached 75 percent for a year, Amtrak
would realize an estimated $41.9 million in operating cost
savings along with a one-time savings of $336 million due to a
reduction in equipment replacement needs; and
WHEREAS, On-time passenger rail performance on host
railroads has historically been driven by the existence of an
effective means to enforce Amtrak's preference rights as shown
historically by:
(1) Enactment of the Passenger Rail Investment and

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Improvement Act (PRIIA) of 2008 (division B of Public Law
110–432), which included provisions for the enforcement of
these preference rights:
(a) Two months afterward, the on-time performance
of long-distance trains improved from 56 percent to 77
percent and Class I freight train interference delays
across all routes declined by 40 percent; and
(b) One year after enactment of PRIIA, freight
train interference delays had declined by 54 percent, and
the on-time performance of long-distance trains reached 85
percent; and
(2) Removal in 2014 of some of those provisions after
being ruled unconstitutional by a Washington, D.C.,
Circuit Court: long-distance train on-time performance
declined from 72 percent to 50 percent, and freight train
interference delays increased 59 percent; and
WHEREAS, As a result of violations of Amtrak's right to
preference, Amtrak has been consistently unable on host
railroad networks to meet its Congressionally-mandated mission
and goals and does not have an effective mechanism to enforce
its statutory preference right in order to fulfill its mission
and goals; and
WHEREAS, Only the United States Attorney General can bring
a civil action for equitable relief in a district court of the

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United States to enforce Amtrak's preference rights but has
done so just once in Amtrak's entire history, against the
Southern Pacific Transportation Company in 1979; therefore, be
it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE ONE
HUNDRED FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that
we support a strong intercity passenger rail network and
support the passage of U.S. S.2922, the proposed "Rail
Passenger Fairness Act", providing Amtrak the ability to
enforce its preference rights by bringing a civil action before
a federal district court (the so-called "private right of
action"); and be it further
RESOLVED, That we urge the Illinois Congressional
Delegation to support S.2922; and be it further
RESOLVED, That suitable copies of this resolution be
delivered to each member of the Illinois Congressional
Delegation.