Bill Status of HB 5159   95th General Assembly

Short Description:  RAILROAD POLICE-MISCONDUCT

House Sponsors
Rep. Thomas Holbrook-William B. Black-Elaine Nekritz-Eddie Washington-Jay C. Hoffman, Robert F. Flider, William Davis, Kathleen A. Ryg, Cynthia Soto, David E. Miller, Michael K. Smith, Linda Chapa LaVia, John E. Bradley, Brandon W. Phelps, Careen M Gordon, Lisa M. Dugan, Lou Lang, Patrick J Verschoore, Donald L. Moffitt, Mike Boland, Naomi D. Jakobsson and Luis Arroyo

Senate Sponsors
(Sen. William R. Haine-Debbie DeFrancesco Halvorson-John O. Jones-Michael Bond-Dale E. Risinger, David Koehler, Linda Holmes, Michael W. Frerichs, M. Maggie Crotty, Deanna Demuzio, Heather Steans, Kwame Raoul, Martin A. Sandoval, Iris Y. Martinez, Tim Bivins, William Delgado, Terry Link, Jeffrey M. Schoenberg, Don Harmon and A. J. Wilhelmi)


Last Action  View All Actions

DateChamber Action
  1/13/2009HouseSession Sine Die

Statutes Amended In Order of Appearance
610 ILCS 80/2from Ch. 114, par. 98
625 ILCS 5/18c-7503from Ch. 95 1/2, par. 18c-7503

Synopsis As Introduced
Amends the Railroad Police Act. Requires allegations of abuse of authority or misconduct by members of a railroad police force to be investigated by the Illinois State Police. Amends the Illinois Vehicle Code. Exempts elected representatives of rail employers from the restrictions concerning trespassing on railroad property. Provides that the listed persons shall be exempt from the restrictions while performing required duties in accordance with reasonable rail carrier company guidelines, engaging in safety inspections, or exercising a right under the federal Railway Labor Act (instead of only while performing required duties in accordance with reasonable rail carrier company guidelines).

House Amendment No. 1
Adds reference to:
20 ILCS 2605/2605-585 new

Amends the Department of State Police Law of the Civil Administrative Code of Illinois to provide that the Department shall exercise the powers and duties assigned to it under the Railroad Police Act. Deletes provisions regarding investigation by the Illinois State Police of allegations of abuse of authority or misconduct by members of a railroad police force. Adds language providing that an employee of a railroad may seek an independent review of a final decision of a rail carrier relating to allegations of abuse of authority or misconduct by members of a railroad police force and that the Department of State Police shall investigate those claims, review the quality of the rail carrier's internal investigation, and impose relief deemed appropriate by the Department of State Police. Also adds language providing that a party aggrieved by a final decision of the Department of State Police may appeal the decision under the Administrative Review Law, except that the appeal shall be de novo and evidence not part of the administrative record may be presented, and the findings and conclusions of the Department of State Police on questions of fact shall not be held to be prima facie true and correct.

House Amendment No. 2
Provides that neither the Governor nor any agency or agency head under the jurisdiction of the Governor has any rulemaking authority under the amendatory Act, but that the Governor may suggest rules by filing them with the General Assembly and requesting that the General Assembly authorize such rulemaking by law, enact the suggested rules into law, or take other appropriate action in the General Assembly's discretion.

 Correctional Note, House Amendment No. 1 (Dept of Corrections)
 HB 5159 (H-AM 1) has no fiscal impact on the Department.

 Correctional Note, House Amendment No. 2 (Dept of Corrections)
 HB 5159 (H-AM 2) has no fiscal impact on the Department.

 Pension Note, House Amendment No. 1 (Government Forecasting & Accountability)
 This legislation will not impact any public pension fund or retirement system in Illinois.

 Pension Note, House Amendment No. 2 (Government Forecasting & Accountability)
 This legislation will not impact any public pension fund or retirement system in Illinois.

 State Debt Impact Note, House Amendment No. 1 (Government Forecasting & Accountability)
 This legislation would not change the amount of authorization for any type of State-issued or State-supported bond, and, therefore, would not affect the level of State indebtedness.

 State Debt Impact Note, House Amendment No. 2 (Government Forecasting & Accountability)
 This legislation would not change the amount of authorization for any type of State-issued or State-supported bond, and, therefore, would not affect the level of State indebtedness.

 Judicial Note, House Amendment No. 1 (Admin Office of the Illinois Courts)
 This legislation would neither increase nor decrease the number of judges needed in the judicial branch.

 Judicial Note, House Amendment No. 2 (Admin Office of the Illinois Courts)
 This legislation would neither increase nor decrease the number of judges needed in the judicial branch.

 Housing Affordability Impact Note, House Amendment No. 1 (Housing Development Authority)
 This legislation will have no effect on constructing, purchasing, owning, or selling a single-family residence.

 Housing Affordability Impact Note, House Amendment No. 2 (Housing Development Authority)
 This legislation will have no effect on constructing, purchasing, owning, or selling a single-family residence.

 Fiscal Note, House Amendment No. 1 (Illinois State Police)
 There would be no fiscal impact to the Illinois State Police.

 Fiscal Note, House Amendment No. 2 (Illinois State Police)
 There would be no fiscal impact to the Illinois State Police.

 Home Rule Note, House Amendment No. 1 (Dept. of Commerce & Economic Opportunity)
 HB 5159 (H-AM 1) does not pre-empt home rule authority.

 Home Rule Note, House Amendment No. 2 (Dept. of Commerce & Economic Opportunity)
 HB 5159 (H-AM 2) does not pre-empt home rule authority.

 State Mandates Fiscal Note, House Amendment No. 1 (Dept. of Commerce & Economic Opportunity)
 HB 5159 (H-AM 1) does not create a State mandate under the State Mandates Act.

 State Mandates Fiscal Note, House Amendment No. 2 (Dept. of Commerce & Economic Opportunity)
 HB 5159 (H-AM 2) does not create a State mandate under the State Mandates Act.

House Amendment No. 4
Deletes reference to:
20 ILCS 2605/2605-585 new
625 ILCS 5/18c-7503

Replaces everything after the enacting clause. Amends the Railroad Police Act. Provides that the Illinois Law Enforcement Training Standards Board shall review the policies and guidelines of a railroad carrier concerning its railroad police force and approve them if they comply with the Act. Provides that a person adversely affected by a decision of a rail carrier's internal investigation under the Act may appeal to the Illinois State Police no later than 90 days after the decision. Provides that the State Police shall review the depth, completeness, and objectivity of the carrier's investigation and may conduct its own investigation. Provides that the State Police may uphold, overturn, or modify the decision by filing a report of its findings and recommendations with the Illinois Commerce Commission. Provides that the Commission shall have the power to conduct evidentiary hearings and issue and enforce orders, including sanctions. Provides that neither the Governor nor any agency or agency head under the jurisdiction of the Governor has any rulemaking authority under the amendatory Act, but that the Governor may suggest rules by filing them with the General Assembly and requesting that the General Assembly authorize such rulemaking by law, enact the suggested rules into law, or take other appropriate action in the General Assembly's discretion.

Senate Committee Amendment No. 1
Removes language restricting the rulemaking authority of the Governor or any agency or agency head under the jurisdiction of the Governor.

Actions 
DateChamber Action
  2/14/2008HouseFiled with the Clerk by Rep. Jay C. Hoffman
  2/14/2008HouseFirst Reading
  2/14/2008HouseReferred to Rules Committee
  2/26/2008HouseAdded Chief Co-Sponsor Rep. Donald L. Moffitt
  2/26/2008HouseAdded Chief Co-Sponsor Rep. William B. Black
  2/26/2008HouseAdded Chief Co-Sponsor Rep. Elaine Nekritz
  2/26/2008HouseAdded Chief Co-Sponsor Rep. Thomas Holbrook
  2/26/2008HouseAdded Co-Sponsor Rep. Robert F. Flider
  3/3/2008HouseAssigned to Railroad Safety Committee
  3/4/2008HouseAdded Co-Sponsor Rep. William Davis
  3/13/2008HouseChief Sponsor Changed to Rep. Thomas Holbrook
  3/13/2008HouseRemove Chief Co-Sponsor Rep. Thomas Holbrook
  3/13/2008HouseHouse Amendment No. 1 Filed with Clerk by Railroad Safety Committee
  3/13/2008HouseHouse Amendment No. 2 Filed with Clerk by Railroad Safety Committee
  3/13/2008HouseHouse Amendment No. 1 Adopted in Railroad Safety Committee; by Voice Vote
  3/13/2008HouseHouse Amendment No. 2 Adopted in Railroad Safety Committee; by Voice Vote
  3/13/2008HouseDo Pass as Amended / Short Debate Railroad Safety Committee; 008-000-000
  3/13/2008HousePlaced on Calendar 2nd Reading - Short Debate
  4/3/2008HouseAdded Chief Co-Sponsor Rep. Jay C. Hoffman
  4/3/2008HouseAdded Co-Sponsor Rep. Kathleen A. Ryg
  4/7/2008HouseAdded Co-Sponsor Rep. Eddie Washington
  4/7/2008HouseAdded Co-Sponsor Rep. Cynthia Soto
  4/7/2008HouseAdded Co-Sponsor Rep. David E. Miller
  4/8/2008HouseAdded Co-Sponsor Rep. JoAnn D. Osmond
  4/9/2008HouseAdded Co-Sponsor Rep. Michael K. Smith
  4/9/2008HouseAdded Co-Sponsor Rep. Linda Chapa LaVia
  4/10/2008HouseAdded Co-Sponsor Rep. John E. Bradley
  4/10/2008HouseAdded Co-Sponsor Rep. Brandon W. Phelps
  4/10/2008HouseHouse Amendment No. 1 Correctional Note Filed as Amended
  4/10/2008HouseHouse Amendment No. 2 Correctional Note Filed as Amended
  4/10/2008HouseAdded Co-Sponsor Rep. Careen M Gordon
  4/14/2008HouseHouse Amendment No. 1 Pension Note Filed as Amended
  4/14/2008HouseHouse Amendment No. 2 Pension Note Filed as Amended
  4/14/2008HouseHouse Amendment No. 1 State Debt Impact Note Filed as Amended
  4/14/2008HouseHouse Amendment No. 2 State Debt Impact Note Filed as Amended
  4/14/2008HouseHouse Amendment No. 1 Judicial Note Filed as Amended
  4/14/2008HouseHouse Amendment No. 2 Judicial Note Filed as Amended
  4/14/2008HouseHouse Amendment No. 3 Filed with Clerk by Rep. Thomas Holbrook
  4/14/2008HouseHouse Amendment No. 3 Referred to Rules Committee
  4/14/2008HouseHouse Amendment No. 1 Housing Affordability Impact Note Filed as Amended
  4/14/2008HouseHouse Amendment No. 2 Housing Affordability Impact Note Filed as Amended
  4/15/2008HouseHouse Amendment No. 1 Fiscal Note Filed as Amended
  4/15/2008HouseHouse Amendment No. 2 Fiscal Note Filed as Amended
  4/15/2008HouseAdded Co-Sponsor Rep. Lisa M. Dugan
  4/15/2008HouseRemoved Co-Sponsor Rep. JoAnn D. Osmond
  4/16/2008HouseHouse Amendment No. 3 Rules Refers to Railroad Safety Committee
  4/16/2008HouseAdded Co-Sponsor Rep. Lou Lang
  4/16/2008HouseAdded Co-Sponsor Rep. Patrick J Verschoore
  4/16/2008HouseHouse Amendment No. 3 Recommends Be Adopted Railroad Safety Committee; 006-001-001
  4/17/2008HouseRemove Chief Co-Sponsor Rep. Jay C. Hoffman
  4/17/2008HouseAdded Chief Co-Sponsor Rep. Eddie Washington
  4/17/2008HouseRemoved Co-Sponsor Rep. Eddie Washington
  4/18/2008HouseFinal Action Deadline Extended-9(b) May 9, 2008
  4/25/2008HouseHouse Amendment No. 1 Home Rule Note Filed as Amended
  4/25/2008HouseHouse Amendment No. 2 Home Rule Note Filed as Amended
  4/25/2008HouseHouse Amendment No. 1 State Mandates Fiscal Note Filed as Amended
  4/25/2008HouseHouse Amendment No. 2 State Mandates Fiscal Note Filed as Amended
  4/29/2008HouseRemove Chief Co-Sponsor Rep. Donald L. Moffitt
  4/29/2008HouseAdded Co-Sponsor Rep. Donald L. Moffitt
  4/29/2008HouseAdded Chief Co-Sponsor Rep. Jay C. Hoffman
  4/30/2008HouseHouse Amendment No. 4 Filed with Clerk by Rep. Thomas Holbrook
  4/30/2008HouseHouse Amendment No. 4 Referred to Rules Committee
  5/1/2008HouseAdded Co-Sponsor Rep. Mike Boland
  5/5/2008HouseHouse Amendment No. 4 Rules Refers to Railroad Safety Committee
  5/7/2008HouseHouse Amendment No. 4 Recommends Be Adopted Railroad Safety Committee; 008-001-000
  5/7/2008HouseSecond Reading - Short Debate
  5/7/2008HouseHouse Amendment No. 3 Withdrawn by Rep. Thomas Holbrook
  5/7/2008HouseHouse Amendment No. 4 Adopted by Voice Vote
  5/7/2008HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/8/2008HouseAdded Co-Sponsor Rep. Naomi D. Jakobsson
  5/8/2008HouseThird Reading - Short Debate - Passed 091-017-000
  5/8/2008SenateArrive in Senate
  5/8/2008SenatePlaced on Calendar Order of First Reading
  5/8/2008SenateChief Senate Sponsor Sen. William R. Haine
  5/8/2008SenateFirst Reading
  5/8/2008SenateReferred to Rules
  5/13/2008SenateAdded as Alternate Chief Co-Sponsor Sen. Debbie DeFrancesco Halvorson
  5/13/2008SenateAdded as Alternate Chief Co-Sponsor Sen. John O. Jones
  5/13/2008SenateAdded as Alternate Chief Co-Sponsor Sen. Michael Bond
  5/15/2008SenateAssigned to Transportation
  5/15/2008SenateRule 2-10 Committee Deadline Established As May 22, 2008; Substantive House Bills Out of Committee
  5/15/2008SenateAdded as Alternate Chief Co-Sponsor Sen. Dale E. Risinger
  5/20/2008SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. William R. Haine
  5/20/2008SenateSenate Committee Amendment No. 1 Referred to Rules
  5/20/2008SenateAdded as Alternate Co-Sponsor Sen. David Koehler
  5/20/2008SenateSenate Committee Amendment No. 1 Rules Refers to Transportation
  5/21/2008SenateSenate Committee Amendment No. 1 Adopted
  5/21/2008SenateDo Pass as Amended Transportation; 007-003-000
  5/21/2008SenatePlaced on Calendar Order of 2nd Reading May 22, 2008
  5/21/2008SenateAdded as Alternate Co-Sponsor Sen. Linda Holmes
  5/21/2008SenateAdded as Alternate Co-Sponsor Sen. Michael W. Frerichs
  5/22/2008SenateAdded as Alternate Co-Sponsor Sen. M. Maggie Crotty
  5/22/2008SenateAdded as Alternate Co-Sponsor Sen. Deanna Demuzio
  5/22/2008SenateAdded as Alternate Co-Sponsor Sen. Heather Steans
  5/22/2008SenateSecond Reading
  5/22/2008SenatePlaced on Calendar Order of 3rd Reading May 23, 2008
  5/22/2008SenateAdded as Alternate Co-Sponsor Sen. Kwame Raoul
  5/23/2008SenateAdded as Alternate Co-Sponsor Sen. Martin A. Sandoval
  5/23/2008SenateAdded as Alternate Co-Sponsor Sen. Iris Y. Martinez
  5/23/2008SenateAdded as Alternate Co-Sponsor Sen. Tim Bivins
  5/23/2008SenateAdded as Alternate Co-Sponsor Sen. William Delgado
  5/23/2008SenateAdded as Alternate Co-Sponsor Sen. Terry Link
  5/23/2008SenateRule 2-10 Third Reading Deadline Established As May 31, 2008
  5/27/2008SenateAdded as Alternate Co-Sponsor Sen. Jeffrey M. Schoenberg
  5/27/2008SenateAdded as Alternate Co-Sponsor Sen. Don Harmon
  5/27/2008SenateAdded as Alternate Co-Sponsor Sen. A. J. Wilhelmi
  5/27/2008SenateThird Reading - Passed; 035-017-000
  5/27/2008HouseArrived in House
  5/27/2008HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1
  5/28/2008HouseSenate Committee Amendment No. 1 Motion Filed Concur Rep. Thomas Holbrook; MOTION #1
  5/28/2008HouseSenate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee; MOTION #1
  5/30/2008HouseAdded Co-Sponsor Rep. Luis Arroyo
  5/31/2008HouseSenate Committee Amendment No. 1 Motion Filed Non-Concur Rep. Thomas Holbrook; MOTION #2
  7/1/2008HouseRule 19(b) / Re-referred to Rules Committee
  1/13/2009HouseSession Sine Die

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