Sen. Sue Rezin
Filed: 4/5/2016
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1 | AMENDMENT TO SENATE BILL 2527
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2 | AMENDMENT NO. ______. Amend Senate Bill 2527 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Department of Transportation Law of the
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5 | Civil Administrative Code of Illinois is amended by changing | ||||||
6 | Section 2705-300 and adding Section 2705-615 as follows:
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7 | (20 ILCS 2705/2705-300) (was 20 ILCS 2705/49.18)
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8 | Sec. 2705-300. Powers concerning mass transportation. The | ||||||
9 | Department has the power to do the following:
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10 | (1) Advise and assist the Governor and the General Assembly | ||||||
11 | in
formulating (i) a mass transportation policy for the State,
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12 | (ii)
proposals designed to help meet and resolve special | ||||||
13 | problems of mass
transportation within the State, and (iii) | ||||||
14 | programs of
assistance for the
comprehensive planning, | ||||||
15 | development, and administration of mass
transportation | ||||||
16 | facilities and services.
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1 | (2) Appear and participate in proceedings before any | ||||||
2 | federal,
State, or local regulatory agency involving or | ||||||
3 | affecting mass
transportation in the State.
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4 | (3) Study mass transportation problems and provide | ||||||
5 | technical
assistance to units of local government.
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6 | (4) Encourage experimentation in developing new mass
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7 | transportation facilities and services.
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8 | (5) Recommend policies, programs, and actions designed to | ||||||
9 | improve
utilization of mass transportation services.
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10 | (6) Cooperate with mass transit districts and systems, | ||||||
11 | local
governments, and other State agencies in meeting those | ||||||
12 | problems of air,
noise, and water pollution associated with | ||||||
13 | transportation.
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14 | (7) Participate fully in a statewide effort to improve | ||||||
15 | transport
safety including, but not limited to: .
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16 | (a) to the extent required by the federal Moving Ahead | ||||||
17 | for Progress in the 21st Century Act ("MAP-21"), Section | ||||||
18 | 5329 of 49 U.S.C. and 49 CFR Part 659, developing, | ||||||
19 | adopting, and implementing a system safety program | ||||||
20 | standard meeting the compliance requirements of Section | ||||||
21 | 5329 of 49 U.S.C. for the safety of planned, under | ||||||
22 | construction, or in revenue operation rail fixed guideway | ||||||
23 | systems and the personal security of the systems' | ||||||
24 | passengers and employees; | ||||||
25 | (b) in accordance with MAP-21, establishing procedures | ||||||
26 | to regulate, investigative, inspect, audit, and enforce |
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1 | all other necessary and incidental functions related to the | ||||||
2 | effectuation of MAP-21, or other federal law pertaining to | ||||||
3 | public transportation oversight; and | ||||||
4 | (c) requiring the local mass transit districts, the | ||||||
5 | Regional Transportation Authority ("the Authority"), and | ||||||
6 | applicable Service Boards to comply with the requirements | ||||||
7 | of Section 5329 of 49 U.S.C. as now or hereafter amended. | ||||||
8 | The Department may contract for the services of a qualified | ||||||
9 | consultant to comply with this subsection. | ||||||
10 | (d) The security portion of the system safety program, | ||||||
11 | including, without limitation, investigation reports, | ||||||
12 | surveys, schedules, lists, or data compiled, collected, or | ||||||
13 | prepared by or for the Department under this subsection, | ||||||
14 | shall not be subject to discovery or admitted into evidence | ||||||
15 | in federal or State court or considered for other purposes | ||||||
16 | in any civil action for damages arising from any matter | ||||||
17 | mentioned or addressed in such reports, surveys, | ||||||
18 | schedules, lists, data, or information. | ||||||
19 | (e) The Department and its employees, and any local | ||||||
20 | mass transit district, the Authority, or any Service Board | ||||||
21 | subject to this Section, or their respective directors, | ||||||
22 | officers, or employees, shall not be held liable in any | ||||||
23 | civil action for any injury to or death of any person or | ||||||
24 | loss of or damage to property for any acts or omissions or | ||||||
25 | failures to act under this Section or pursuant to MAP-21 as | ||||||
26 | now or hereafter amended. |
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1 | (8) Conduct by contract or otherwise technical studies, and
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2 | demonstration and development projects which shall be designed | ||||||
3 | to test
and develop methods for increasing public use of mass | ||||||
4 | transportation and
for providing mass transportation in an | ||||||
5 | efficient, coordinated, and
convenient manner.
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6 | (9) Make applications for, receive, and make use of
grants
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7 | for mass transportation.
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8 | (10) Make grants for mass transportation from the | ||||||
9 | Transportation
Fund pursuant to the standards and procedures of | ||||||
10 | Sections
2705-305 and 2705-310.
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11 | (Source: P.A. 91-239, eff. 1-1-00.)
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12 | (20 ILCS 2705/2705-615 new) | ||||||
13 | Sec. 2705-615. MAP-21. The Department shall develop, | ||||||
14 | adopt, and implement a system safety program standard and | ||||||
15 | establish procedures to comply with the federal Moving Ahead | ||||||
16 | for Progress in the 21st Century Act ("MAP-21") as required | ||||||
17 | under paragraph (7) of Section 2705-300 of the Department of | ||||||
18 | Transportation Law. | ||||||
19 | Section 10. The Regional Transportation Authority Act is | ||||||
20 | amended by changing Section 2.11 as follows:
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21 | (70 ILCS 3615/2.11) (from Ch. 111 2/3, par. 702.11)
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22 | Sec. 2.11. Safety.
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23 | (a) The Service Boards may establish, enforce and |
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1 | facilitate
achievement and
maintenance of standards of safety | ||||||
2 | against accidents with respect to public
transportation | ||||||
3 | provided by the Service Boards or by transportation
agencies
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4 | pursuant to purchase of service agreements with the Service | ||||||
5 | Boards. The
provisions of general or special orders, rules or | ||||||
6 | regulations issued by the
Illinois Commerce Commission | ||||||
7 | pursuant to Section 57 of "An Act concerning
public utilities", | ||||||
8 | approved June 29, 1921, as amended, which pertain to
public | ||||||
9 | transportation and public transportation facilities of | ||||||
10 | railroads
will continue to apply until the Service Board | ||||||
11 | determines
that different
standards are necessary to protect | ||||||
12 | such health and safety.
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13 | (b) (Blank). To the extent required by 49 CFR Part 659 as | ||||||
14 | now or hereafter amended,
the Authority shall develop and adopt | ||||||
15 | a system safety program standard for the
safety of rail fixed | ||||||
16 | guideway systems and the personal security of the systems'
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17 | passengers and employees and shall establish procedures for | ||||||
18 | safety and security
reviews, investigations, and oversight | ||||||
19 | reporting. The Authority shall require
the applicable Service | ||||||
20 | Boards to comply with the requirements of 49 CFR Part
659 as | ||||||
21 | now or hereafter amended. The Authority may contract for the | ||||||
22 | services
of a qualified consultant to comply with this | ||||||
23 | subsection.
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24 | (c) The security portion of the system safety program, | ||||||
25 | investigation
reports, surveys, schedules, lists, or data | ||||||
26 | compiled, collected, or prepared by
or for the Department of |
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1 | Transportation or the Authority under this subsection, shall | ||||||
2 | not be subject to discovery
or admitted into evidence in | ||||||
3 | federal or State court or considered for other
purposes in any | ||||||
4 | civil action for damages arising from any matter mentioned or
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5 | addressed in such reports, surveys, schedules, lists, data, or | ||||||
6 | information.
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7 | (d) Neither the Authority nor its directors, officers, or | ||||||
8 | employees ; nor a local mass transit district or any
Service | ||||||
9 | Board subject to this Section nor their its directors, | ||||||
10 | officers, or employees
shall be held liable in any civil action | ||||||
11 | for any injury to any person or
property for any acts or | ||||||
12 | omissions or failure to act under this Section or
pursuant to | ||||||
13 | the federal Moving Ahead for Progress in the 21st Century Act | ||||||
14 | ("MAP-21") 49 CFR Part 659 as now or hereafter amended.
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15 | (e) The Authority shall comply with all requirements of | ||||||
16 | Section 5329 of 79 U.S.C. as required by the Department of | ||||||
17 | Transportation under paragraph (7) of Section 2705-300 of the | ||||||
18 | Department of Transportation Law. | ||||||
19 | (Source: P.A. 90-273, eff. 7-30-97.)".
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