HB5159ham001 95TH GENERAL ASSEMBLY

Railroad Safety Committee

Adopted in House Comm. on Mar 13, 2008

09500HB5159ham001 LRB095 18226 LCT 48126 a

AMENDMENT TO HOUSE BILL 5159

AMENDMENT NO. ______. Amend House Bill 5159 on page 1, by inserting after line 3 the following:

"Section 2. The Department of State Police Law of the Civil Administrative Code of Illinois is amended by adding Section 2605-585 as follows:

(20 ILCS 2605/2605-585 new)

Sec. 2605-585. Railroad Police Act. The Department shall exercise the powers and duties assigned to it under Section 2 of the Railroad Police Act."; and

by replacing line 26 of page 2 and lines 1 through 3 of page 3 with the following:

"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 authorized under this Section. The Department of State Police shall investigate any such claims and review the quality of the rail carrier's internal investigation, including depth, completeness, and objectivity, and impose relief deemed appropriate by the Department of State Police. A party aggrieved by a final decision of the Department of State Police may appeal the decision pursuant to the Administrative Review Law; however, 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.".