Illinois General Assembly - Bill Status for HB5159

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).

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.

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.

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.

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