Full Text of HB4881 93rd General Assembly
HB4881ham001 93RD GENERAL ASSEMBLY
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Rep. Jay C. Hoffman
Filed: 3/29/2004
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09300HB4881ham001 |
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LRB093 20917 DRH 49106 a |
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| AMENDMENT TO HOUSE BILL 4881
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| AMENDMENT NO. ______. Amend House Bill 4881 on page 16, | 3 |
| line 25, by replacing "Section 18c-1201.1," with "Sections | 4 |
| 18c-1201.1 and 18c-1201.2,"; and | 5 |
| on page 27, line 16, by replacing " rights of " with " rights, or | 6 |
| change in the collective bargaining unit, of "; and | 7 |
| on page 27, below line 22, by inserting the following:
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| "(625 ILCS 5/18c-1201.2 new) | 9 |
| Sec. 18c-1201.2. Joint Committee on Railroad Safety. | 10 |
| (a) There is created a Joint Committee on Railroad Safety, | 11 |
| which is authorized to conduct a review, prior to publication | 12 |
| of first notice of the review in the Illinois Register, of each | 13 |
| railroad safety rule proposed for adoption, amendment, or | 14 |
| repeal by the Department in accordance with the Illinois | 15 |
| Administrative Procedure Act. No proposed rule, amendment, or | 16 |
| repealer may be filed with the Secretary of State to initiate | 17 |
| first notice of publication unless the rule, amendment, or | 18 |
| repealer has been approved by an affirmative vote of 3 members | 19 |
| of the Committee. The Committee must also review and approve by | 20 |
| an affirmative vote of 3 members all emergency and peremptory | 21 |
| rulemakings before adoption by the Department in accordance | 22 |
| with the Illinois Administrative Procedure Act. The initial | 23 |
| transfer of existing rules of the Illinois Commerce Commission |
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LRB093 20917 DRH 49106 a |
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| to the Illinois Department of Transportation does not require | 2 |
| the review and approval by the Committee prescribed by this | 3 |
| subsection (a). | 4 |
| (b) The Committee shall be composed of 4 members chosen by | 5 |
| the Governor. | 6 |
| The Governor shall appoint 2 members of the same political | 7 |
| party with
which the Governor is affiliated. | 8 |
| The Governor shall appoint 2 members of the political party | 9 |
| whose
candidate for Governor in the most recent general | 10 |
| election received the
second highest number of votes from a | 11 |
| list of nominees submitted by the first State executive | 12 |
| officer, in
the order indicated, affiliated with that political | 13 |
| party: Attorney
General, Secretary of State, Comptroller, and | 14 |
| Treasurer.
If none of the State executive officers listed is | 15 |
| affiliated with
that political party, the nominating State | 16 |
| officer shall be the first State
executive officer, in the | 17 |
| order indicated, affiliated with an
established political | 18 |
| party other than that of the Governor. | 19 |
| (c) The nominating State officer shall submit in writing to | 20 |
| the Governor 3 names of qualified persons for each membership | 21 |
| on the Committee to be appointed from the political party of | 22 |
| that officer. The Governor may reject any or all of the | 23 |
| nominees on the list and may request an additional list. The | 24 |
| second list shall be submitted by the nominating officer and | 25 |
| shall contain 3 new names of qualified persons for each | 26 |
| remaining appointment, except that if the Governor expressly | 27 |
| reserves any nominee's name from the first list, that nominee | 28 |
| shall not be replaced on the second list. The second list shall | 29 |
| be final. | 30 |
| (d) Whenever all the State executive officers designated in | 31 |
| subsection (b) are affiliated with the same political party as | 32 |
| that of the Governor, all 4 members of the Committee to be | 33 |
| appointed that year, from both designated political parties, | 34 |
| shall be appointed by the Governor without nominations. |
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| (e) The Governor shall submit in writing to the President | 2 |
| of the Senate the name of each person appointed to the | 3 |
| Committee, and shall designate the term for which the | 4 |
| appointment is made and the name of the member whom the | 5 |
| appointee is to succeed. | 6 |
| (f) Of the members initially appointed to the Committee | 7 |
| under this amendatory Act of the 93rd General Assembly, one | 8 |
| member affiliated with each political party shall serve a term | 9 |
| commencing July 1, 2005 and ending July 1, 2007, and the other | 10 |
| initial members shall serve terms commencing July 1, 2005 and | 11 |
| ending July 1, 2009.
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| The terms of subsequent members of the Committee shall be 4 | 13 |
| years commencing on July 1 of the year in which the | 14 |
| appointments are made. | 15 |
| A member shall serve until his or her successor is duly | 16 |
| appointed and has qualified. An appointee may not enter upon | 17 |
| the duties of office until all members required to be appointed | 18 |
| in that year have been confirmed by the Senate by record vote | 19 |
| under subsection (g).
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| (g) All appointments of members to the Committee are | 21 |
| subject to the advice and consent of the Senate. Appointments | 22 |
| by the Governor under subsection (b) require the advice and | 23 |
| consent of a 3/5 vote of the members elected to the Senate. | 24 |
| Appointments by the Governor under subsection (d) require the | 25 |
| advice and consent of a 2/3 vote of the members elected to the | 26 |
| Senate. | 27 |
| (h) An appointment to fill each vacancy on the Committee | 28 |
| shall be made under subsection (b) or (d) in the same manner as | 29 |
| the appointment of members for new terms. Each appointment to | 30 |
| fill a vacancy shall be for the completion of the term of that | 31 |
| position. | 32 |
| The Governor shall make an appointment to fill each vacancy | 33 |
| and shall submit it to the President of the Senate within 30 | 34 |
| days of the occurrence of the vacancy, or within 30 days of the |
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| submission of a list of nominees to him or her under subsection | 2 |
| (c), whichever is later. A nominating State officer shall | 3 |
| submit to the Governor the required list of nominees to fill a | 4 |
| vacancy within 15 days of the occurrence of the vacancy. If the | 5 |
| Governor does not fill a vacancy required to be filled under | 6 |
| subsection (c) within the required 30 days, the nominating | 7 |
| State officer shall make the appointment from among the | 8 |
| nominees he or she previously submitted. | 9 |
| (i) One member of the Committee shall be elected by the | 10 |
| members of the Committee to be Chairman and shall serve as | 11 |
| Chairman of the Committee for a term ending July 1, 2007. On | 12 |
| July 1 of 2007 and on July 1 of each succeeding odd-numbered | 13 |
| year, a Chairman shall be elected by the members of the | 14 |
| Committee for a 2-year term ending July 1 of the next | 15 |
| odd-numbered year. If July 1 of any odd-numbered year does not | 16 |
| fall on a business day, the election shall be held on the next | 17 |
| business day. The Chairman elected for each 2-year term may not | 18 |
| be of the same political party affiliation as the prior | 19 |
| Chairman. Whenever a vacancy occurs in the office of Chairman, | 20 |
| a new Chairman of the same political party affiliation shall be | 21 |
| elected for the remainder of the vacating Chairman's term. | 22 |
| Whenever a Chairman is elected, the Committee shall elect, from | 23 |
| among its members, a Vice Chairman, who may not be of the same | 24 |
| political party affiliation as the Chairman. | 25 |
| Upon the confirmation of all of the members of the | 26 |
| Committee initially appointed under this amendatory Act of the | 27 |
| 93rd General Assembly, the Governor shall designate one of the | 28 |
| members as interim Chairman, who shall preside over the | 29 |
| Committee until a Chairman is elected under this subsection | 30 |
| (i).
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| (j) A member of the Committee may serve no more than 4 | 32 |
| years on the Committee. Committee members shall receive no | 33 |
| compensation, but shall be reimbursed for reasonable and | 34 |
| necessary expenses. |
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| The Senate must confirm or reject appointments within 30 | 2 |
| session days or 60 calendar days after they are submitted by | 3 |
| the Governor, whichever occurs first. Except in the case of | 4 |
| appointments to fill vacancies, the confirmation time period | 5 |
| specified in this Section does not commence until all | 6 |
| appointments required to be made in that year have been | 7 |
| submitted by the Governor.
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| (k) If the Department submits a rulemaking to the Committee | 9 |
| for approval in accordance with subsection (a), the Department | 10 |
| shall state the specific statutory authority or other | 11 |
| requirement under which the rulemaking is necessary and any | 12 |
| other relevant information the Committee may require. | 13 |
| (l) The Committee's powers and duties shall not include | 14 |
| projects or appropriations. "; and
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| on page 39, by replacing lines 15 through 25 with the | 16 |
| following: | 17 |
| "in either
direction from each grade crossing.
The Department
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| Commission shall have power, upon its own motion, or upon
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| complaint, and after having made proper investigation, to
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| require the installation of adequate and appropriate luminous
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| reflective warning signs, luminous flashing
signals, crossing
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| gates illuminated at night , or other protective devices
in
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| order to promote and safeguard the health and safety of the
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| public.
The installation of luminous flashing signal or | 25 |
| crossing gate devices at a grade crossing does not displace or | 26 |
| preempt a railroad's common law duty to provide any additional | 27 |
| warning devices which may be necessary to adequately alert | 28 |
| motorists or pedestrians of approaching trains. Nothing in this | 29 |
| Act prohibits a railroad from unilaterally initiating the | 30 |
| installation of luminous flashing signals or automatic | 31 |
| crossing gates at public grade crossings, if engineering and | 32 |
| construction plans are first submitted to, and approved by, the |
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| Department.
Luminous flashing signal or crossing gate
devices | 2 |
| installed at grade crossings, which have been approved
by the
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| Commission, shall be deemed adequate and appropriate.
The | 4 |
| Department
Commission shall have authority to"; and | 5 |
| on page 41, line 14, after the period, by inserting " The | 6 |
| Department may not utilize federal funding for the installation | 7 |
| or improvement of passive or reflectorized crossbuck signs or | 8 |
| other warning signs at or near any public grade crossing. The | 9 |
| Department may not utilize any federal funding for the | 10 |
| installation of luminous flashing signals at grade crossings, | 11 |
| unless the devices are installed in conjunction with automatic | 12 |
| crossing gates. "; and | 13 |
| on page 51, lines 15 and 16, by replacing "July 1, 2004." with | 14 |
| "January 1, 2005.".
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