Full Text of SB2527 99th General Assembly
SB2527sam002 99TH GENERAL ASSEMBLY | Sen. Sue Rezin Filed: 4/15/2016
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| 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.
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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.
| 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 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
| 4 | | demonstration and development projects which shall be designed | 5 | | to test
and develop methods for increasing public use of mass | 6 | | transportation and
for providing mass transportation in an | 7 | | efficient, coordinated, and
convenient manner.
| 8 | | (9) Make applications for, receive, and make use of
grants
| 9 | | for mass transportation.
| 10 | | (10) Make grants for mass transportation from the | 11 | | Transportation
Fund pursuant to the standards and procedures of | 12 | | Sections
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, | 16 | | adopt, and implement a system safety program standard and | 17 | | establish procedures to comply with the federal Fixing | 18 | | America's Surface Transportation Act ("FAST Act") as required | 19 | | under paragraph (7) of Section 2705-300 of the Department of | 20 | | Transportation Law of the Civil Administrative Code of | 21 | | Illinois. | 22 | | Pursuant to 49 CFR 659, the St. Clair County Transit | 23 | | District and the Department shall have concurrent rail transit | 24 | | safety oversight authority for MetroLink until December 31, | 25 | | 2016. Thereafter, the Department shall have rail transit safety |
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| 1 | | oversight authority in the State of Illinois for MetroLink. | 2 | | Section 10. The Bi-State Transit Safety Act is amended by | 3 | | adding Section 100 as follows: | 4 | | (45 ILCS 111/100 new) | 5 | | Sec. 100. Repeal. This Act is repealed on December 31, | 6 | | 2016. | 7 | | Section 15. The Regional Transportation Authority Act is | 8 | | amended 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 | 12 | | facilitate
achievement and
maintenance of standards of safety | 13 | | against accidents with respect to public
transportation | 14 | | provided by the Service Boards or by transportation
agencies
| 15 | | pursuant to purchase of service agreements with the Service | 16 | | Boards. The
provisions of general or special orders, rules or | 17 | | regulations issued by the
Illinois Commerce Commission | 18 | | pursuant to Section 57 of "An Act concerning
public utilities", | 19 | | approved June 29, 1921, as amended, which pertain to
public | 20 | | transportation and public transportation facilities of | 21 | | railroads
will continue to apply until the Service Board | 22 | | determines
that different
standards are necessary to protect |
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| 1 | | such health and safety.
| 2 | | (b) (Blank). To the extent required by 49 CFR Part 659 as | 3 | | now or hereafter amended,
the Authority shall develop and adopt | 4 | | a system safety program standard for the
safety of rail fixed | 5 | | guideway systems and the personal security of the systems'
| 6 | | passengers and employees and shall establish procedures for | 7 | | safety and security
reviews, investigations, and oversight | 8 | | reporting. The Authority shall require
the applicable Service | 9 | | Boards to comply with the requirements of 49 CFR Part
659 as | 10 | | now or hereafter amended. The Authority may contract for the | 11 | | services
of a qualified consultant to comply with this | 12 | | subsection.
| 13 | | (c) The security portion of the system safety program, | 14 | | investigation
reports, surveys, schedules, lists, or data | 15 | | compiled, collected, or prepared by
or for the Department of | 16 | | Transportation or the Authority under this subsection, shall | 17 | | not be subject to discovery
or admitted into evidence in | 18 | | federal or State court or considered for other
purposes in any | 19 | | civil action for damages arising from any matter mentioned or
| 20 | | addressed in such reports, surveys, schedules, lists, data, or | 21 | | information.
| 22 | | (d) Neither the Authority nor its directors, officers, or | 23 | | employees , nor any
Service Board subject to this Section nor | 24 | | its directors, officers, or employees , nor a local mass transit | 25 | | district nor its directors, officers, or employees
shall be | 26 | | held liable in any civil action for any injury to any person or
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| 1 | | property for any acts or omissions or failure to act under this | 2 | | Section or
pursuant to the federal Fixing America's Surface | 3 | | Transportation Act 49 CFR Part 659 as now or hereafter amended.
| 4 | | (e) The Authority shall comply with all requirements of | 5 | | Section 5329 of 79 U.S.C. as required by the Department of | 6 | | Transportation under paragraph (7) of Section 2705-300 of the | 7 | | Department of Transportation Law of the Civil Administrative | 8 | | Code of Illinois. | 9 | | (Source: P.A. 90-273, eff. 7-30-97.)".
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