Railroad Safety Committee
Adopted in House Comm. on Mar 13, 2008
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1 | AMENDMENT TO HOUSE BILL 5159
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2 | AMENDMENT NO. ______. Amend House Bill 5159 on page 1, by | ||||||
3 | inserting after line 3 the following:
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4 | "Section 2. The Department of State Police Law of the
Civil | ||||||
5 | Administrative Code of Illinois is amended by adding Section | ||||||
6 | 2605-585 as follows: | ||||||
7 | (20 ILCS 2605/2605-585 new)
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8 | Sec. 2605-585. Railroad Police Act. The Department shall | ||||||
9 | exercise the powers and duties assigned to it under Section 2 | ||||||
10 | of the Railroad Police Act. "; and
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11 | by replacing line 26 of page 2 and lines 1 through 3 of page 3 | ||||||
12 | with the following:
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13 | " An employee of a railroad may seek an independent review | ||||||
14 | of a final decision of a rail carrier relating to allegations | ||||||
15 | of abuse of authority or misconduct by members of a railroad |
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1 | police force authorized under this Section. The Department of | ||||||
2 | State Police shall investigate any such claims and review the | ||||||
3 | quality of the rail carrier's internal investigation, | ||||||
4 | including depth, completeness, and objectivity, and impose | ||||||
5 | relief deemed appropriate by the Department of State Police.
A | ||||||
6 | party aggrieved by a final decision of the Department of State | ||||||
7 | Police may appeal the decision pursuant to the Administrative | ||||||
8 | Review Law; however, the appeal shall be de novo and evidence | ||||||
9 | not part of the administrative record may be presented, and the | ||||||
10 | findings and conclusions of the Department of State Police on | ||||||
11 | questions of fact shall not be held to be prima facie true and | ||||||
12 | correct. ".
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