Rep. Thomas Holbrook
Filed: 4/30/2008
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1 | AMENDMENT TO HOUSE BILL 5159
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2 | AMENDMENT NO. ______. Amend House Bill 5159, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Railroad Police Act is amended by changing | ||||||
6 | Section 2 as follows:
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7 | (610 ILCS 80/2) (from Ch. 114, par. 98)
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8 | Sec. 2. Conductors of all railroad trains, and the captain | ||||||
9 | or master of any
boat carrying passengers within the | ||||||
10 | jurisdiction of this state, is vested
with police powers while | ||||||
11 | on duty on their respective trains and boats, and
may wear an | ||||||
12 | appropriate badge indicative of such authority.
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13 | In the policing of its properties any registered rail | ||||||
14 | carrier, as defined in Section 18c-7201 of the Illinois Vehicle | ||||||
15 | Code, may provide for the
appointment and maintenance of such | ||||||
16 | police force as it may find necessary
and practicable to aid |
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1 | and supplement the police forces of any municipality
in the | ||||||
2 | protection of its property and the protection of the persons | ||||||
3 | and
property of its passengers and employees, or otherwise in | ||||||
4 | furtherance of
the purposes for which such railroad was | ||||||
5 | organized. While engaged in the
conduct of their employment, | ||||||
6 | the members of such railroad police force have
and may exercise | ||||||
7 | like police powers as those conferred upon any peace officer | ||||||
8 | employed by a law enforcement agency of this State.
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9 | Any registered rail carrier that appoints and maintains a | ||||||
10 | police force shall comply with the following requirements: | ||||||
11 | (1) Establish an internal policy that includes | ||||||
12 | procedures to ensure objective oversight in addressing | ||||||
13 | allegations of abuse of authority or other misconduct on | ||||||
14 | the part of its police officers. | ||||||
15 | (2) Adopt appropriate policies and guidelines for | ||||||
16 | employee investigations by police officers. These policies | ||||||
17 | and guidelines shall provide for initiating employee | ||||||
18 | investigations only under the following conditions: | ||||||
19 | (A) There is reason to believe criminal misconduct | ||||||
20 | has occurred. | ||||||
21 | (B) In response to an employee accident. | ||||||
22 | (C) There is reason to believe that the interview | ||||||
23 | of an employee could result in workplace violence. | ||||||
24 | (D) There is a legitimate concern for the personal | ||||||
25 | safety of one or more employees. | ||||||
26 | These policies and guidelines shall provide for the |
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1 | right of an employee to request a representative to be | ||||||
2 | present during any interview concerning a non-criminal | ||||||
3 | matter. | ||||||
4 | (3) File copies of the policies and guidelines adopted | ||||||
5 | under paragraphs (1) and (2) with the Illinois Law | ||||||
6 | Enforcement Training Standards Board, which shall make | ||||||
7 | them available for public inspection. The Board shall | ||||||
8 | review the policies and guidelines, and approve them if | ||||||
9 | they comply with the Act. | ||||||
10 | (4) Appeal of a rail carrier's decision.
A person | ||||||
11 | adversely affected or aggrieved by a decision of a rail | ||||||
12 | carrier's internal investigation under this Act may appeal | ||||||
13 | the decision to the Illinois State Police. The appeal shall | ||||||
14 | be filed no later than 90 days after the issuance of the | ||||||
15 | decision. The State Police shall review the depth, | ||||||
16 | completeness, and objectivity of the rail carrier's | ||||||
17 | investigation, and may conduct its own investigation of the | ||||||
18 | complaint. The State Police may uphold, overturn, or modify | ||||||
19 | the rail carrier's decision by filing a report of its | ||||||
20 | findings and recommendations with the Illinois Commerce | ||||||
21 | Commission. Consistent with authority under Chapter 18C of | ||||||
22 | the Illinois Vehicle Code and the Commission rules of | ||||||
23 | practice, the Commission shall have the power to conduct | ||||||
24 | evidentiary hearings, make findings, and issue and enforce | ||||||
25 | orders, including sanctions under Section 18c-1704 of the | ||||||
26 | Illinois Vehicle Code. |
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1 | Notwithstanding any other rulemaking authority that may | ||||||
2 | exist, neither the Governor nor any agency or agency head under | ||||||
3 | the jurisdiction of the Governor has any authority to make or | ||||||
4 | promulgate rules to implement or enforce this amendatory Act of | ||||||
5 | the 95th General Assembly. If, however, the Governor believes | ||||||
6 | that rules are necessary to implement or enforce the provisions | ||||||
7 | of this amendatory Act of the 95th General Assembly, the | ||||||
8 | Governor may suggest rules to the General Assembly by filing | ||||||
9 | them with the Clerk of the House and Secretary of the Senate | ||||||
10 | and by requesting that the General Assembly authorize such | ||||||
11 | rulemaking by law, enact those suggested rules into law, or | ||||||
12 | take any other appropriate action in the General Assembly's | ||||||
13 | discretion. Nothing contained in this amendatory Act of the | ||||||
14 | 95th General Assembly shall be interpreted to grant rulemaking | ||||||
15 | authority under any other Illinois statute where such authority | ||||||
16 | is not otherwise explicitly given. For the purposes of this | ||||||
17 | amendatory Act of the 95th General Assembly, "rules" is given | ||||||
18 | the meaning contained in Section 1-70 of the Illinois | ||||||
19 | Administrative Procedure Act, and "agency" and "agency head" | ||||||
20 | are given the meanings contained in Sections 1-20 and 1-25 of | ||||||
21 | the Illinois Administrative Procedure Act to the extent that | ||||||
22 | such definitions apply to agencies or agency heads under the | ||||||
23 | jurisdiction of the Governor. | ||||||
24 | (Source: P.A. 94-846, eff. 1-1-07.)".
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