Full Text of SB2527 99th General Assembly
SB2527sam001 99TH GENERAL ASSEMBLY | Sen. Sue Rezin Filed: 4/5/2016
| | 09900SB2527sam001 | | LRB099 16376 AWJ 46946 a |
|
| 1 | | AMENDMENT TO SENATE BILL 2527
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2527 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Department of Transportation Law of the
| 5 | | Civil Administrative Code of Illinois is amended by changing | 6 | | Section 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 | 9 | | Department has the power to do the following:
| 10 | | (1) Advise and assist the Governor and the General Assembly | 11 | | in
formulating (i) a mass transportation policy for the State,
| 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.
|
| | | 09900SB2527sam001 | - 2 - | LRB099 16376 AWJ 46946 a |
|
| 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.
| 4 | | (3) Study mass transportation problems and provide | 5 | | technical
assistance to units of local government.
| 6 | | (4) Encourage experimentation in developing new mass
| 7 | | transportation facilities and services.
| 8 | | (5) Recommend policies, programs, and actions designed to | 9 | | improve
utilization of mass transportation services.
| 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.
| 14 | | (7) Participate fully in a statewide effort to improve | 15 | | transport
safety including, but not limited to: .
| 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 |
| | | 09900SB2527sam001 | - 3 - | LRB099 16376 AWJ 46946 a |
|
| 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. |
| | | 09900SB2527sam001 | - 4 - | LRB099 16376 AWJ 46946 a |
|
| 1 | | (8) Conduct by contract or otherwise technical studies, and
| 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.
| 6 | | (9) Make applications for, receive, and make use of
grants
| 7 | | for mass transportation.
| 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.
| 11 | | (Source: P.A. 91-239, eff. 1-1-00.)
| 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:
| 21 | | (70 ILCS 3615/2.11) (from Ch. 111 2/3, par. 702.11)
| 22 | | Sec. 2.11. Safety.
| 23 | | (a) The Service Boards may establish, enforce and |
| | | 09900SB2527sam001 | - 5 - | LRB099 16376 AWJ 46946 a |
|
| 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
| 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.
| 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'
| 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.
| 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 |
| | | 09900SB2527sam001 | - 6 - | LRB099 16376 AWJ 46946 a |
|
| 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
| 5 | | addressed in such reports, surveys, schedules, lists, data, or | 6 | | information.
| 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.
| 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.)".
|
|