SB2489sam003 94TH GENERAL ASSEMBLY

Sen. George P. Shadid

Filed: 2/27/2006

09400SB2489sam003 LRB094 18755 LCT 56615 a

AMENDMENT TO SENATE BILL 2489

AMENDMENT NO. ______. Amend Senate Bill 2489, AS AMENDED, in Section 5, Sec. 18c-7503, by replacing subsection (2.5) with the following:

"(2.5) Terminal security. The owner of a terminal is expressly authorized, within the terminal property, to construct and operate berms, commercially constructed electric fences, and monitoring equipment as security measures for reducing the economic impact of theft, enhancing homeland security, and improving the protection of the general public welfare. The terminal owner shall properly operate and maintain these security measures. Any electric fence installed pursuant to this subsection shall: (i) be marked with appropriate signs; (ii) be entirely surrounded at a distance of at least 36 inches by properly maintained non-electric perimeter fences at least 8 feet tall; (iii) operate at a level of current that is not lethal to a human being upon contact; (iv) be covered at all times by an insurance policy maintained by the operator of the terminal for liability from claims arising out of the operation of the fence in an amount not less than $10,000,000 per occurrence; and (v) be regularly monitored and inspected by a qualified electrician. The use of any of these security measures in accordance with this subsection is not a violation of this Sub-chapter."; and

in Section 5, Sec. 18c-7503, subsection (3), in the next-to-last paragraph, by replacing "facility, or other freight facility" with the following:

"facility where at least one mode of transportation serviced by the facility is a railroad, or other railroad freight facility".