Sen. Sue Rezin

Filed: 4/15/2016

 

 


 

 


 
09900SB2527sam002LRB099 16376 AWJ 47723 a

1
AMENDMENT TO SENATE BILL 2527

2    AMENDMENT NO. ______. Amend Senate Bill 2527 by replacing
3everything after the enacting clause with the following:
 
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.

 

 

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1    (2) Appear and participate in proceedings before any
2federal, State, or local regulatory agency involving or
3affecting mass transportation in the State.
4    (3) Study mass transportation problems and provide
5technical assistance to units of local government.
6    (4) Encourage experimentation in developing new mass
7transportation facilities and services.
8    (5) Recommend policies, programs, and actions designed to
9improve utilization of mass transportation services.
10    (6) Cooperate with mass transit districts and systems,
11local governments, and other State agencies in meeting those
12problems of air, noise, and water pollution associated with
13transportation.
14    (7) Participate fully in a statewide effort to improve
15transport safety including, but not limited to: .
16        (a) to the extent required by Fixing America's Surface
17    Transportation Act ("FAST Act"), Section 5329 of 49 U.S.C.
18    and 49 CFR Part 674, developing, adopting, and implementing
19    a system safety program standard meeting the compliance
20    requirements of Section 5329 of 49 U.S.C. for the safety of
21    planned, under construction, or in revenue operation rail
22    fixed guideway systems and the personal security of the
23    systems' passengers and employees;
24        (b) in accordance with the FAST Act, establishing
25    procedures to regulate, investigative, inspect, audit, and
26    enforce all other necessary and incidental functions

 

 

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1    related to the effectuation of the FAST Act, or other
2    federal law pertaining to public transportation oversight;
3    and
4        (c) requiring the local mass transit districts, the
5    Regional Transportation Authority, St. Clair County
6    Transit District, and applicable Service Boards to comply
7    with the requirements of Section 5329 of 49 U.S.C. as now
8    or hereafter amended. The Department may contract for the
9    services of a qualified consultant to comply with this
10    subsection.
11        (d) The security portion of the system safety program,
12    including, without limitation, investigation reports,
13    surveys, schedules, lists, or data compiled, collected, or
14    prepared by or for the Department under this subsection,
15    shall not be subject to discovery or admitted into evidence
16    in federal or State court or considered for other purposes
17    in any civil action for damages arising from any matter
18    mentioned or addressed in such reports, surveys,
19    schedules, lists, data, or information.
20        (e) The Department and its employees, and any local
21    mass transit district, the Regional Transportation
22    Authority, St. Clair County Transit District, or any
23    Service Board subject to this Section, or their respective
24    directors, officers, or employees, shall not be held liable
25    in any civil action for any injury to or death of any
26    person or loss of or damage to property for any acts or

 

 

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1    omissions or failures to act under this Section or pursuant
2    to the FAST Act as now or hereafter amended.
3    (8) Conduct by contract or otherwise technical studies, and
4demonstration and development projects which shall be designed
5to test and develop methods for increasing public use of mass
6transportation and for providing mass transportation in an
7efficient, coordinated, and convenient manner.
8    (9) Make applications for, receive, and make use of grants
9for mass transportation.
10    (10) Make grants for mass transportation from the
11Transportation Fund pursuant to the standards and procedures of
12Sections 2705-305 and 2705-310.
13(Source: P.A. 91-239, eff. 1-1-00.)
 
14    (20 ILCS 2705/2705-615 new)
15    Sec. 2705-615. FAST Act. The Department shall develop,
16adopt, and implement a system safety program standard and
17establish procedures to comply with the federal Fixing
18America's Surface Transportation Act ("FAST Act") as required
19under paragraph (7) of Section 2705-300 of the Department of
20Transportation Law of the Civil Administrative Code of
21Illinois.
22    Pursuant to 49 CFR 659, the St. Clair County Transit
23District and the Department shall have concurrent rail transit
24safety oversight authority for MetroLink until December 31,
252016. Thereafter, the Department shall have rail transit safety

 

 

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1oversight authority in the State of Illinois for MetroLink.
 
2    Section 10. The Bi-State Transit Safety Act is amended by
3adding Section 100 as follows:
 
4    (45 ILCS 111/100 new)
5    Sec. 100. Repeal. This Act is repealed on December 31,
62016.
 
7    Section 15. The Regional Transportation Authority Act is
8amended by changing Section 2.11 as follows:
 
9    (70 ILCS 3615/2.11)  (from Ch. 111 2/3, par. 702.11)
10    Sec. 2.11. Safety.
11    (a) The Service Boards may establish, enforce and
12facilitate achievement and maintenance of standards of safety
13against accidents with respect to public transportation
14provided by the Service Boards or by transportation agencies
15pursuant to purchase of service agreements with the Service
16Boards. The provisions of general or special orders, rules or
17regulations issued by the Illinois Commerce Commission
18pursuant to Section 57 of "An Act concerning public utilities",
19approved June 29, 1921, as amended, which pertain to public
20transportation and public transportation facilities of
21railroads will continue to apply until the Service Board
22determines that different standards are necessary to protect

 

 

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1such health and safety.
2    (b) (Blank). To the extent required by 49 CFR Part 659 as
3now or hereafter amended, the Authority shall develop and adopt
4a system safety program standard for the safety of rail fixed
5guideway systems and the personal security of the systems'
6passengers and employees and shall establish procedures for
7safety and security reviews, investigations, and oversight
8reporting. The Authority shall require the applicable Service
9Boards to comply with the requirements of 49 CFR Part 659 as
10now or hereafter amended. The Authority may contract for the
11services of a qualified consultant to comply with this
12subsection.
13    (c) The security portion of the system safety program,
14investigation reports, surveys, schedules, lists, or data
15compiled, collected, or prepared by or for the Department of
16Transportation or the Authority under this subsection, shall
17not be subject to discovery or admitted into evidence in
18federal or State court or considered for other purposes in any
19civil action for damages arising from any matter mentioned or
20addressed in such reports, surveys, schedules, lists, data, or
21information.
22    (d) Neither the Authority nor its directors, officers, or
23employees, nor any Service Board subject to this Section nor
24its directors, officers, or employees, nor a local mass transit
25district nor its directors, officers, or employees shall be
26held liable in any civil action for any injury to any person or

 

 

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1property for any acts or omissions or failure to act under this
2Section or pursuant to the federal Fixing America's Surface
3Transportation Act 49 CFR Part 659 as now or hereafter amended.
4    (e) The Authority shall comply with all requirements of
5Section 5329 of 79 U.S.C. as required by the Department of
6Transportation under paragraph (7) of Section 2705-300 of the
7Department of Transportation Law of the Civil Administrative
8Code of Illinois.
9(Source: P.A. 90-273, eff. 7-30-97.)".