HB2133ham001 95TH GENERAL ASSEMBLY

Rep. Jay C. Hoffman

Filed: 3/27/2007

09500HB2133ham001 LRB095 01089 BDD 34602 a

AMENDMENT TO HOUSE BILL 2133

AMENDMENT NO. ______. Amend House Bill 2133 by replacing everything after the enacting clause with the following:

"Section 5. The Bi-State Transit Safety Act is amended by changing Sections 10 and 15 as follows:

(45 ILCS 111/10)

Sec. 10. Powers. In further effectuation of the Bi-State Development Compact Act creating the Bi-State Development Agency, the State of Illinois hereby authorizes the St. Clair County Transit District to exercise the following powers:

(1) To regulate the safety and security of passengers, employees, and property of rail fixed guideway systems and the personal security of the passengers and employees of the Bi-State Development Agency located and operated within the boundaries of the State of Illinois, to the extent required by in a manner consistent with "Rail Fixed Guideway Systems; State Safety Oversight", 49 CFR Part 659, as now or hereafter amended.

(2) To develop, adopt, and implement a system safety program standard meeting the compliance requirements prescribed in Sections 659.31 and 659.33 of "Rail Fixed Guideway Systems; State Safety Oversight", 49 CFR Part 659, as now or hereafter amended.

(3) To require the Bi-State Development Agency to comply with the system safety program standard and report accidents and unacceptable hazardous conditions to the St. Clair County Transit District within a period of time specified by the District as required by Section 659.39 of "Rail Fixed Guideway Systems; State Safety Oversight", 49 CFR Part 659, as now or hereafter amended.

(4) To perform all other necessary and incidental functions related to the effectuation of this Act as mandated by establish procedures to investigate accidents and unacceptable hazardous conditions as required by Section 659.41 of "Rail Fixed Guideway Systems; State Safety Oversight", 49 CFR Part 659, as now or hereafter amended.

(5) Neither the District or its directors, officers, or employees nor the Bi-State Development Agency subject to this Section or its directors, officers, or employees shall be held liable in any civil action for any injury to any person or property for any acts or omission or failure to act under this Section or pursuant to "Rail Fixed Guideway Systems; State Safety Oversight", 49 CFR Part 659, as now or hereafter amended. To direct the Bi-State Development Agency to minimize, control, correct, or eliminate any investigated hazardous condition within a period of time specified by the St. Clair County Transit District as required by Section 659.43 of "Rail Fixed Guideway Systems; State Safety Oversight".

(6) To perform all other necessary and incidental functions related to its effectuation of this Act and as mandated by "Rail Fixed Guideway Systems; State Safety Oversight".

(Source: P.A. 92-281, eff. 8-7-01; re-enacted by P.A. 92-788, eff. 8-6-02.)

(45 ILCS 111/15)

Sec. 15. Confidentiality of investigation reports. The system security portion of the system safety program plan, investigation reports, surveys, schedules, lists, or data compiled, collected, or prepared by the Bi-State Development Agency or the St. Clair County Transit District under this Act, shall not be subject to discovery or admitted into evidence in federal or State court or considered for other purposes in any civil action for damages arising from any matter mentioned or addressed in such plan, reports, surveys, schedules, lists, or data.

(Source: P.A. 92-281, eff. 8-7-01; re-enacted by P.A. 92-788, eff. 8-6-02.)

(45 ILCS 111/5 rep.)

Section 10. The Bi-State Transit Safety Act is amended by repealing Section 5.".