By Sen. Annette Dubas

Among the issues that ranked high in your survey priority list was the prolonged blocking of public crossings. I introduced LB 676 on your behalf in 2007. LB 676 would have increased the fines charged to the railroad industry when a train blocks a public crossing for longer than ten minutes. As you know, it included rural as well as metro public crossings and raised the fine substantially. That bill generated an interim study which was held in Grand Island and Broken Bow last fall. Those hearings indicated to me that there is a level of deep frustration from citizens across the state.

LB 676 was killed in committee this week. I have introduced LB 1069 this year. This bill is aimed at imposing a criminal fine on the railroads for blocking public crossing for longer than ten minutes. LB 1069 simply imposes a stiffer penalty than current law provides on the railroads of not less than $1,000 per offense (current law calls for fines from $10.00-$100.00). This is a small step forward and an attempt to compromise and start with small bargaining chips. Yet, it is also a genuine attempt to keep this conversation flowing. Since the interim hearing, members of the railroad and emergency management personnel have met to discuss the issues and possible resolution to the situation. They plan to continue their discussions and I look forward to hearing about the forward movement in finding a resolution to this public safety issue.

In addition to LB 1069, I have co-sponsored LB 837 with Senator Russ Karpisek and Senator LeRoy Louden that will repeal a law passed in 2005 related to the railroads. The law passed in 2005 (LB 79) allowed for any public railroad crossing without gates, signals, alarm bells, or warning signals to be closed. It is appropriate to get rid of this law. I have been contacted by constituents in the area who had to testify before the City Council in one of these instances. I believe that instead of closing these unsafe crossings, they ought to be updated with proper safety equipment by the Railroad Company. The 2005 law should be repealed.

It will take a community effort to bring about change. I was so proud to be the representative of the 34th Legislative District during both interim hearings that were held in Grand Island and Broken Bow last fall on this issue. You showed up in droves. You waited patiently and you stated your issues factually. I appreciate your willingness to communicate with the Legislature about these issues and the public safety issues involved that impact your family and community.

I am looking forward to working with the Legislative body on this issue. Everywhere I go there is someone who asks me about the railroad legislation. It is important to understand that much of the railroads activity is governed by federal regulations which do not always give states a lot of room. You responded strongly to my survey regarding this issue. So, I will continue to work on making a change. It will take time, but the wheels of change will keep on turning with your continued support.

* n n

If you have questions or concerns, please do not hesitate to contact me at:

Senator Annette Dubas

State Capitol

PO Box 94604

Lincoln, NE 68509-4604

Email: adubas@leg.ne.gov

Phone: 402.471.2630

Website: www.annettedubas.com