SB2527 EngrossedLRB099 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 changing
6Section 2705-300 and adding Section 2705-615 as follows:
 
7    (20 ILCS 2705/2705-300)  (was 20 ILCS 2705/49.18)
8    Sec. 2705-300. Powers concerning mass transportation. The
9Department has the power to do the following:
10    (1) Advise and assist the Governor and the General Assembly
11in formulating (i) a mass transportation policy for the State,
12(ii) proposals designed to help meet and resolve special
13problems of mass transportation within the State, and (iii)
14programs of assistance for the comprehensive planning,
15development, and administration of mass transportation
16facilities and services.
17    (2) Appear and participate in proceedings before any
18federal, State, or local regulatory agency involving or
19affecting mass transportation in the State.
20    (3) Study mass transportation problems and provide
21technical assistance to units of local government.
22    (4) Encourage experimentation in developing new mass
23transportation facilities and services.

 

 

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1    (5) Recommend policies, programs, and actions designed to
2improve utilization of mass transportation services.
3    (6) Cooperate with mass transit districts and systems,
4local governments, and other State agencies in meeting those
5problems of air, noise, and water pollution associated with
6transportation.
7    (7) Participate fully in a statewide effort to improve
8transport safety including, but not limited to: .
9        (a) to the extent required by Fixing America's Surface
10    Transportation Act ("FAST Act"), Section 5329 of 49 U.S.C.
11    and 49 CFR Part 674, developing, adopting, and implementing
12    a system safety program standard meeting the compliance
13    requirements of Section 5329 of 49 U.S.C. for the safety of
14    planned, under construction, or in revenue operation rail
15    fixed guideway systems and the personal security of the
16    systems' passengers and employees;
17        (b) in accordance with the FAST Act, establishing
18    procedures to regulate, investigate, inspect, audit, and
19    enforce all other necessary and incidental functions
20    related to the effectuation of the FAST Act, or other
21    federal law pertaining to public transportation oversight;
22    and
23        (c) requiring the local mass transit districts, the
24    Regional Transportation Authority, St. Clair County
25    Transit District, and applicable Service Boards to comply
26    with the requirements of Section 5329 of 49 U.S.C. as now

 

 

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1    or hereafter amended. The Department may contract for the
2    services of a qualified consultant to comply with this
3    subsection.
4        (d) The security portion of the system safety program,
5    including, without limitation, investigation reports,
6    surveys, schedules, lists, or data compiled, collected, or
7    prepared by or for the Department under this subsection,
8    shall not be subject to discovery or admitted into evidence
9    in federal or State court or considered for other purposes
10    in any civil action for damages arising from any matter
11    mentioned or addressed in such reports, surveys,
12    schedules, lists, data, or information.
13        (e) Except for willful or wanton conduct, the
14    Department and its employees, and any local mass transit
15    district, the Regional Transportation Authority, St. Clair
16    County Transit District, or any Service Board subject to
17    this Section, or their respective directors, officers, or
18    employees, shall not be held liable in any civil action for
19    any injury to or death of any person or loss of or damage
20    to property for any acts or omissions or failures to act
21    under this Section or pursuant to the FAST Act as now or
22    hereafter amended.
23    (8) Conduct by contract or otherwise technical studies, and
24demonstration and development projects which shall be designed
25to test and develop methods for increasing public use of mass
26transportation and for providing mass transportation in an

 

 

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1efficient, coordinated, and convenient manner.
2    (9) Make applications for, receive, and make use of grants
3for mass transportation.
4    (10) Make grants for mass transportation from the
5Transportation Fund pursuant to the standards and procedures of
6Sections 2705-305 and 2705-310.
7(Source: P.A. 91-239, eff. 1-1-00.)
 
8    (20 ILCS 2705/2705-615 new)
9    Sec. 2705-615. FAST Act. The Department shall develop,
10adopt, and implement a system safety program standard and
11establish procedures to comply with the federal Fixing
12America's Surface Transportation Act ("FAST Act") as required
13under paragraph (7) of Section 2705-300 of the Department of
14Transportation Law of the Civil Administrative Code of
15Illinois.
16    Pursuant to 49 CFR 659, the St. Clair County Transit
17District and the Department shall have concurrent rail transit
18safety oversight authority for MetroLink until December 31,
192016. Thereafter, the Department shall have rail transit safety
20oversight authority in the State of Illinois for MetroLink.
 
21    Section 10. The Bi-State Transit Safety Act is amended by
22adding Section 100 as follows:
 
23    (45 ILCS 111/100 new)

 

 

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1    Sec. 100. Repeal. This Act is repealed on December 31,
22016.
 
3    Section 15. The Regional Transportation Authority Act is
4amended by changing Section 2.11 as follows:
 
5    (70 ILCS 3615/2.11)  (from Ch. 111 2/3, par. 702.11)
6    Sec. 2.11. Safety.
7    (a) The Service Boards may establish, enforce and
8facilitate achievement and maintenance of standards of safety
9against accidents with respect to public transportation
10provided by the Service Boards or by transportation agencies
11pursuant to purchase of service agreements with the Service
12Boards. The provisions of general or special orders, rules or
13regulations issued by the Illinois Commerce Commission
14pursuant to Section 57 of "An Act concerning public utilities",
15approved June 29, 1921, as amended, which pertain to public
16transportation and public transportation facilities of
17railroads will continue to apply until the Service Board
18determines that different standards are necessary to protect
19such health and safety.
20    (b) (Blank). To the extent required by 49 CFR Part 659 as
21now or hereafter amended, the Authority shall develop and adopt
22a system safety program standard for the safety of rail fixed
23guideway systems and the personal security of the systems'
24passengers and employees and shall establish procedures for

 

 

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1safety and security reviews, investigations, and oversight
2reporting. The Authority shall require the applicable Service
3Boards to comply with the requirements of 49 CFR Part 659 as
4now or hereafter amended. The Authority may contract for the
5services of a qualified consultant to comply with this
6subsection.
7    (c) The security portion of the system safety program,
8investigation reports, surveys, schedules, lists, or data
9compiled, collected, or prepared by or for the Department of
10Transportation or the Authority under this subsection, shall
11not be subject to discovery or admitted into evidence in
12federal or State court or considered for other purposes in any
13civil action for damages arising from any matter mentioned or
14addressed in such reports, surveys, schedules, lists, data, or
15information.
16    (d) Neither the Authority nor its directors, officers, or
17employees, nor any Service Board subject to this Section nor
18its directors, officers, or employees, nor a local mass transit
19district nor its directors, officers, or employees shall be
20held liable in any civil action for any injury to any person or
21property for any acts or omissions or failure to act under this
22Section or pursuant to the federal Fixing America's Surface
23Transportation Act 49 CFR Part 659 as now or hereafter amended.
24    (e) The Authority shall comply with all requirements of
25Section 5329 of 79 U.S.C. as required by the Department of
26Transportation under paragraph (7) of Section 2705-300 of the

 

 

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1Department of Transportation Law of the Civil Administrative
2Code of Illinois.
3(Source: P.A. 90-273, eff. 7-30-97.)