99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB2527

 

Introduced 2/16/2016, by Sen. Sue Rezin

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 2705/2705-615 new
70 ILCS 3615/2.11  from Ch. 111 2/3, par. 702.11

    Amends Regional Transportation Authority Act. Provides that the Illinois Department of Transportation (currently, the Regional Transportation Authority) shall develop, adopt, and implement system safety program standards and procedures meeting the requirements of the federal Moving Ahead for Progress in the 21st Century Act. Limits liability. Amends the Department of Transportation Law of the Civil Administrative Code of Illinois making conforming changes.


LRB099 16376 AWJ 40708 b

 

 

A BILL FOR

 

SB2527LRB099 16376 AWJ 40708 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Department of Transportation Law of the
5Civil Administrative Code of Illinois is amended by adding
6Section 2705-615 as follows:
 
7    (20 ILCS 2705/2705-615 new)
8    Sec. 2705-615. MAP-21. The Department shall develop,
9adopt, and implement a system safety program standard and
10establish procedures to comply with the Moving Ahead for
11Progress in the 21st Century Act ("MAP-21") as required under
12Section 2.11 of the Regional Transportation Authority Act.
 
13    Section 10. The Regional Transportation Authority Act is
14amended by changing Section 2.11 as follows:
 
15    (70 ILCS 3615/2.11)  (from Ch. 111 2/3, par. 702.11)
16    Sec. 2.11. Safety.
17    (a) The Service Boards may establish, enforce and
18facilitate achievement and maintenance of standards of safety
19against accidents with respect to public transportation
20provided by the Service Boards or by transportation agencies
21pursuant to purchase of service agreements with the Service

 

 

SB2527- 2 -LRB099 16376 AWJ 40708 b

1Boards. The provisions of general or special orders, rules or
2regulations issued by the Illinois Commerce Commission
3pursuant to Section 57 of "An Act concerning public utilities",
4approved June 29, 1921, as amended, which pertain to public
5transportation and public transportation facilities of
6railroads will continue to apply until the Service Board
7determines that different standards are necessary to protect
8such health and safety.
9    (b) To the extent required by the Moving Ahead for Progress
10in the 21st Century Act ("MAP-21"), 49 U.S.C. 5329, 49 CFR Part
11659 as now or hereafter amended, the Illinois Department of
12Transportation Authority shall develop, and adopt, and
13implement a system safety program standard meeting the
14compliance requirements of MAP-21 for the safety of planned,
15under construction, or in revenue operation rail fixed guideway
16systems and the personal security of the systems' passengers
17and employees, and in accordance with MAP-21 shall establish
18procedures to regulate, investigate, inspect, audit, and
19enforce all other necessary and incidental functions related to
20the effectuation of this Act or Federal law pertaining to
21public transportation oversight for safety and security
22reviews, investigations, and oversight reporting. The Illinois
23Department of Transportation Authority shall require the local
24mass transit districts, the Authority, and applicable Service
25Boards to comply with the requirements of MAP-21 49 CFR Part
26659 as now or hereafter amended. The Illinois Department of

 

 

SB2527- 3 -LRB099 16376 AWJ 40708 b

1Transportation Authority may contract for the services of a
2qualified consultant to comply with this subsection.
3    (c) The security portion of the system safety program,
4investigation reports, surveys, schedules, lists, or data
5compiled, collected, or prepared by or for the Illinois
6Department of Transportation or the Authority under this
7subsection, shall not be subject to discovery or admitted into
8evidence in federal or State court or considered for other
9purposes in any civil action for damages arising from any
10matter mentioned or addressed in such reports, surveys,
11schedules, lists, data, or information.
12    (d) The Neither the Illinois Department of Transportation,
13Authority and nor its directors, officers, or employees, and a
14nor local mass transit district, the Authority, or any Service
15Board subject to this Section, or nor their its directors,
16officers, or employees, shall not be held liable in any civil
17action for any injury to any person or property for any acts or
18omissions or failure to act under this Section or pursuant to
19MAP-21 49 CFR Part 659 as now or hereafter amended.
20(Source: P.A. 90-273, eff. 7-30-97.)