Railroad Safety Committee
Adopted in House Comm. on Mar 13, 2008
 
 

 




 

 		












09500HB5159ham001

LRB095 18226 LCT 48126 a






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AMENDMENT TO HOUSE BILL 5159




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    AMENDMENT NO. ______. Amend House Bill 5159 on page 1, by 
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inserting after line 3 the following:


 
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    "Section 2. The Department of State Police Law of the
Civil 
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Administrative Code of Illinois is amended  by adding Section 
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2605-585 as follows:
 
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    (20 ILCS 2605/2605-585 new)

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    Sec. 2605-585. Railroad Police Act. The Department shall 
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exercise the powers and duties assigned to it under Section 2 
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of the Railroad Police Act."; and

 

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by replacing line 26 of page 2 and lines 1 through 3 of page 3 
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with the following:


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    "An employee of a railroad may seek an independent review 
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of a final decision of a rail carrier relating to allegations 
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of abuse of authority or misconduct by members of a railroad 
 


 






09500HB5159ham001
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police force authorized under this Section.  The Department of 
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State Police shall investigate any such claims and review the 
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quality of the rail carrier's internal investigation, 
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including depth, completeness, and objectivity, and impose 
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relief deemed appropriate by the Department of State Police.
A 
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party aggrieved by a final decision of the Department of State 
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Police may appeal the decision pursuant to the Administrative 
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Review Law; however, the appeal shall be de novo and evidence 
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not part of the administrative record may be presented, and the 
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findings and conclusions of the Department of State Police on 
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questions of fact shall not be held to be  prima facie true and 
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correct.".