HB5275 94TH GENERAL ASSEMBLY

LRB094 19217 DRH 54770 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB5275

Introduced 01/25/06, by Rep. Jay C. Hoffman

SYNOPSIS AS INTRODUCED:

New Act

Creates the Railroad Mobile Camps Act. Establishes standards for a mobile camp provided by a railroad company for maintenance of way employees. Requires a railroad company to provide drinking water at assembly points where at least two maintenance of way employees meet. Provides that the Illinois Commerce Commission may investigate camps, conduct hearings, and require improvements, changes, or additions to camps. Permits the State's Attorney of the county in which a violation occurs or the Attorney General to bring an action for the enforcement of this Act. Requires a county or municipality to adopt an ordinance pertaining to the licensing procedure and regulation of a mobile camp. Permits local health departments to inspect the operation of mobile camps. Requires the Commission to adopt rules to implement and administer the Act.

FISCAL NOTE ACT MAY APPLY

HOME RULE NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning transportation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Railroad Mobile Camps Act.

Section 5. Mobile camps required.

(a) As used in this Section, "mobile camp" means a temporary location where at least 2 maintenance of way employees are housed.

(b) Each railroad company within this State shall provide and adequately maintain a heated room or rooms at all terminals and headquarters in the operation of the railroad company for the use of its employees.

(c) Each room required by subsection (b) must contain adequate wash basins, shower-baths, inside toilets, and sufficient lockers for checking employees' clothing.

(d) Each railroad company shall maintain at all permanent assembly points a supply of drinking water dispensed in a sanitary manner. A permanent assembly point under this Act is a location where a minimum of 2 maintenance of way employees meet for not less than 6 months of each year.

(e) A railroad company that houses maintenance of way employees in a mobile camp shall provide and adequately maintain for the employees' use outfit cars, camp cars, or trailers with the following:

(1) Heat and air conditioning.

(2) An adequate number of wash basins, showers, and inside toilets with hot and cold running water.

(3) An adequate number of lockers for checking employees' clothing and personal belongings.

(4) An adequate supply of potable water dispensed in a sanitary manner for drinking, bathing, cooking, and cleaning cooking utensils.

(5) Floor space of at least:

(A) 60 square feet per resident for sleeping units using single beds; and

(B) 80 square feet per resident for sleeping units using double bunk beds.

(f) A railroad company that houses maintenance of way employees in a mobile camp shall:

(1) notify, not later than 2 business days after employees arrive at that location, the local health department with jurisdiction in the area in which the mobile camp is located of the existence of the mobile camp; and

(2) request and permit inspection by an authorized representative of the local health department to ensure the conditions of the camp cars are sanitary and healthful for the (i) maintenance of way employees and (ii) local community.

In addition to the provisions of this Section, the railroad company is subject to an ordinance adopted under Section 15 of this Act.

(g) A railroad company shall locate and maintain a mobile camp described in subsection (e) in a safe and healthy environment.

Section 10. Illinois Commerce Commission investigation.

(a) Whenever the Illinois Commerce Commission secures reliable information, receives a complaint, or has reason to believe that a railroad company in this State does not provide and adequately maintain the sanitary facilities provided for in Section 5 of this Act, the Commission shall make an investigation as necessary. The Commission shall conduct a hearing at which both the railroad company and the employees affected will be given a full opportunity to present evidence as to the necessity and reasonableness of the proposed changes or improvements.

(b) When the investigation required under subsection (a) is made, the Illinois Commerce Commission shall make a report containing recommendations to the manager or superintendent of the railroad company. In the report and recommendations, the Commission shall make an accurate statement of the time the examination was made, of the exact location, character, and extent of defects or omissions, if any have been found, and shall recommend reasonable changes and improvements, additions, buildings, and accommodations as are, in the opinion of the Commission, necessary to remedy the faults, neglect, requirements, or defects. The recommendations must set out specifically a reasonable time within which the improvements or changes or additions shall be made by the railroad company.

(c) The State's Attorney of the county in which a violation occurs or the Attorney General may bring an action for the enforcement of this Act and the rules adopted and orders issued under this Act, in the name of the People of the State of Illinois.

Section 15. County and municipality ordinance.

(a) The county or municipality within which the mobile camp is located shall adopt an ordinance pertaining to the licensing process and regulation of a mobile camp that is located in the county's or municipality's jurisdiction.

(b) The operation of a mobile camp is subject to inspection by the local health department.

Section 20. Rules. The Illinois Commerce Commission shall adopt rules to implement and administer this Act.