Rep. Jay C. Hoffman
Filed: 3/29/2004
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1 | AMENDMENT TO HOUSE BILL 4881
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2 | AMENDMENT NO. ______. Amend House Bill 4881 on page 16, | ||||||
3 | line 25, by replacing "Section 18c-1201.1," with "Sections | ||||||
4 | 18c-1201.1 and 18c-1201.2,"; and | ||||||
5 | on page 27, line 16, by replacing " rights of " with " rights, or | ||||||
6 | change in the collective bargaining unit, of "; and | ||||||
7 | on page 27, below line 22, by inserting the following:
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8 | "(625 ILCS 5/18c-1201.2 new) | ||||||
9 | Sec. 18c-1201.2. Joint Committee on Railroad Safety. | ||||||
10 | (a) There is created a Joint Committee on Railroad Safety, | ||||||
11 | which is authorized to conduct a review, prior to publication | ||||||
12 | of first notice of the review in the Illinois Register, of each | ||||||
13 | railroad safety rule proposed for adoption, amendment, or | ||||||
14 | repeal by the Department in accordance with the Illinois | ||||||
15 | Administrative Procedure Act. No proposed rule, amendment, or | ||||||
16 | repealer may be filed with the Secretary of State to initiate | ||||||
17 | first notice of publication unless the rule, amendment, or | ||||||
18 | repealer has been approved by an affirmative vote of 3 members | ||||||
19 | of the Committee. The Committee must also review and approve by | ||||||
20 | an affirmative vote of 3 members all emergency and peremptory | ||||||
21 | rulemakings before adoption by the Department in accordance | ||||||
22 | with the Illinois Administrative Procedure Act. The initial | ||||||
23 | transfer of existing rules of the Illinois Commerce Commission |
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1 | to the Illinois Department of Transportation does not require | ||||||
2 | the review and approval by the Committee prescribed by this | ||||||
3 | subsection (a). | ||||||
4 | (b) The Committee shall be composed of 4 members chosen by | ||||||
5 | the Governor. | ||||||
6 | The Governor shall appoint 2 members of the same political | ||||||
7 | party with
which the Governor is affiliated. | ||||||
8 | The Governor shall appoint 2 members of the political party | ||||||
9 | whose
candidate for Governor in the most recent general | ||||||
10 | election received the
second highest number of votes from a | ||||||
11 | list of nominees submitted by the first State executive | ||||||
12 | officer, in
the order indicated, affiliated with that political | ||||||
13 | party: Attorney
General, Secretary of State, Comptroller, and | ||||||
14 | Treasurer.
If none of the State executive officers listed is | ||||||
15 | affiliated with
that political party, the nominating State | ||||||
16 | officer shall be the first State
executive officer, in the | ||||||
17 | order indicated, affiliated with an
established political | ||||||
18 | party other than that of the Governor. | ||||||
19 | (c) The nominating State officer shall submit in writing to | ||||||
20 | the Governor 3 names of qualified persons for each membership | ||||||
21 | on the Committee to be appointed from the political party of | ||||||
22 | that officer. The Governor may reject any or all of the | ||||||
23 | nominees on the list and may request an additional list. The | ||||||
24 | second list shall be submitted by the nominating officer and | ||||||
25 | shall contain 3 new names of qualified persons for each | ||||||
26 | remaining appointment, except that if the Governor expressly | ||||||
27 | reserves any nominee's name from the first list, that nominee | ||||||
28 | shall not be replaced on the second list. The second list shall | ||||||
29 | be final. | ||||||
30 | (d) Whenever all the State executive officers designated in | ||||||
31 | subsection (b) are affiliated with the same political party as | ||||||
32 | that of the Governor, all 4 members of the Committee to be | ||||||
33 | appointed that year, from both designated political parties, | ||||||
34 | shall be appointed by the Governor without nominations. |
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1 | (e) The Governor shall submit in writing to the President | ||||||
2 | of the Senate the name of each person appointed to the | ||||||
3 | Committee, and shall designate the term for which the | ||||||
4 | appointment is made and the name of the member whom the | ||||||
5 | appointee is to succeed. | ||||||
6 | (f) Of the members initially appointed to the Committee | ||||||
7 | under this amendatory Act of the 93rd General Assembly, one | ||||||
8 | member affiliated with each political party shall serve a term | ||||||
9 | commencing July 1, 2005 and ending July 1, 2007, and the other | ||||||
10 | initial members shall serve terms commencing July 1, 2005 and | ||||||
11 | ending July 1, 2009.
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12 | The terms of subsequent members of the Committee shall be 4 | ||||||
13 | years commencing on July 1 of the year in which the | ||||||
14 | appointments are made. | ||||||
15 | A member shall serve until his or her successor is duly | ||||||
16 | appointed and has qualified. An appointee may not enter upon | ||||||
17 | the duties of office until all members required to be appointed | ||||||
18 | in that year have been confirmed by the Senate by record vote | ||||||
19 | under subsection (g).
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20 | (g) All appointments of members to the Committee are | ||||||
21 | subject to the advice and consent of the Senate. Appointments | ||||||
22 | by the Governor under subsection (b) require the advice and | ||||||
23 | consent of a 3/5 vote of the members elected to the Senate. | ||||||
24 | Appointments by the Governor under subsection (d) require the | ||||||
25 | advice and consent of a 2/3 vote of the members elected to the | ||||||
26 | Senate. | ||||||
27 | (h) An appointment to fill each vacancy on the Committee | ||||||
28 | shall be made under subsection (b) or (d) in the same manner as | ||||||
29 | the appointment of members for new terms. Each appointment to | ||||||
30 | fill a vacancy shall be for the completion of the term of that | ||||||
31 | position. | ||||||
32 | The Governor shall make an appointment to fill each vacancy | ||||||
33 | and shall submit it to the President of the Senate within 30 | ||||||
34 | days of the occurrence of the vacancy, or within 30 days of the |
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1 | submission of a list of nominees to him or her under subsection | ||||||
2 | (c), whichever is later. A nominating State officer shall | ||||||
3 | submit to the Governor the required list of nominees to fill a | ||||||
4 | vacancy within 15 days of the occurrence of the vacancy. If the | ||||||
5 | Governor does not fill a vacancy required to be filled under | ||||||
6 | subsection (c) within the required 30 days, the nominating | ||||||
7 | State officer shall make the appointment from among the | ||||||
8 | nominees he or she previously submitted. | ||||||
9 | (i) One member of the Committee shall be elected by the | ||||||
10 | members of the Committee to be Chairman and shall serve as | ||||||
11 | Chairman of the Committee for a term ending July 1, 2007. On | ||||||
12 | July 1 of 2007 and on July 1 of each succeeding odd-numbered | ||||||
13 | year, a Chairman shall be elected by the members of the | ||||||
14 | Committee for a 2-year term ending July 1 of the next | ||||||
15 | odd-numbered year. If July 1 of any odd-numbered year does not | ||||||
16 | fall on a business day, the election shall be held on the next | ||||||
17 | business day. The Chairman elected for each 2-year term may not | ||||||
18 | be of the same political party affiliation as the prior | ||||||
19 | Chairman. Whenever a vacancy occurs in the office of Chairman, | ||||||
20 | a new Chairman of the same political party affiliation shall be | ||||||
21 | elected for the remainder of the vacating Chairman's term. | ||||||
22 | Whenever a Chairman is elected, the Committee shall elect, from | ||||||
23 | among its members, a Vice Chairman, who may not be of the same | ||||||
24 | political party affiliation as the Chairman. | ||||||
25 | Upon the confirmation of all of the members of the | ||||||
26 | Committee initially appointed under this amendatory Act of the | ||||||
27 | 93rd General Assembly, the Governor shall designate one of the | ||||||
28 | members as interim Chairman, who shall preside over the | ||||||
29 | Committee until a Chairman is elected under this subsection | ||||||
30 | (i).
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31 | (j) A member of the Committee may serve no more than 4 | ||||||
32 | years on the Committee. Committee members shall receive no | ||||||
33 | compensation, but shall be reimbursed for reasonable and | ||||||
34 | necessary expenses. |
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1 | The Senate must confirm or reject appointments within 30 | ||||||
2 | session days or 60 calendar days after they are submitted by | ||||||
3 | the Governor, whichever occurs first. Except in the case of | ||||||
4 | appointments to fill vacancies, the confirmation time period | ||||||
5 | specified in this Section does not commence until all | ||||||
6 | appointments required to be made in that year have been | ||||||
7 | submitted by the Governor.
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8 | (k) If the Department submits a rulemaking to the Committee | ||||||
9 | for approval in accordance with subsection (a), the Department | ||||||
10 | shall state the specific statutory authority or other | ||||||
11 | requirement under which the rulemaking is necessary and any | ||||||
12 | other relevant information the Committee may require. | ||||||
13 | (l) The Committee's powers and duties shall not include | ||||||
14 | projects or appropriations. "; and
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15 | on page 39, by replacing lines 15 through 25 with the | ||||||
16 | following: | ||||||
17 | "in either
direction from each grade crossing.
The Department
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18 | Commission shall have power, upon its own motion, or upon
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19 | complaint, and after having made proper investigation, to
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20 | require the installation of adequate and appropriate luminous
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21 | reflective warning signs, luminous flashing
signals, crossing
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22 | gates illuminated at night , or other protective devices
in
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23 | order to promote and safeguard the health and safety of the
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24 | public.
The installation of luminous flashing signal or | ||||||
25 | crossing gate devices at a grade crossing does not displace or | ||||||
26 | preempt a railroad's common law duty to provide any additional | ||||||
27 | warning devices which may be necessary to adequately alert | ||||||
28 | motorists or pedestrians of approaching trains. Nothing in this | ||||||
29 | Act prohibits a railroad from unilaterally initiating the | ||||||
30 | installation of luminous flashing signals or automatic | ||||||
31 | crossing gates at public grade crossings, if engineering and | ||||||
32 | construction plans are first submitted to, and approved by, the |
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1 | Department.
Luminous flashing signal or crossing gate
devices | ||||||
2 | installed at grade crossings, which have been approved
by the
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3 | Commission, shall be deemed adequate and appropriate.
The | ||||||
4 | Department
Commission shall have authority to"; and | ||||||
5 | on page 41, line 14, after the period, by inserting " The | ||||||
6 | Department may not utilize federal funding for the installation | ||||||
7 | or improvement of passive or reflectorized crossbuck signs or | ||||||
8 | other warning signs at or near any public grade crossing. The | ||||||
9 | Department may not utilize any federal funding for the | ||||||
10 | installation of luminous flashing signals at grade crossings, | ||||||
11 | unless the devices are installed in conjunction with automatic | ||||||
12 | crossing gates. "; and | ||||||
13 | on page 51, lines 15 and 16, by replacing "July 1, 2004." with | ||||||
14 | "January 1, 2005.".
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