Full Text of SB2527 99th General Assembly
SB2527eng 99TH GENERAL ASSEMBLY |
| | SB2527 Engrossed | | LRB099 16376 AWJ 40708 b |
|
| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 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.
| 17 | | (2) Appear and participate in proceedings before any | 18 | | federal,
State, or local regulatory agency involving or | 19 | | affecting mass
transportation in the State.
| 20 | | (3) Study mass transportation problems and provide | 21 | | technical
assistance to units of local government.
| 22 | | (4) Encourage experimentation in developing new mass
| 23 | | transportation facilities and services.
|
| | | SB2527 Engrossed | - 2 - | LRB099 16376 AWJ 40708 b |
|
| 1 | | (5) Recommend policies, programs, and actions designed to | 2 | | improve
utilization of mass transportation services.
| 3 | | (6) Cooperate with mass transit districts and systems, | 4 | | local
governments, and other State agencies in meeting those | 5 | | problems of air,
noise, and water pollution associated with | 6 | | transportation.
| 7 | | (7) Participate fully in a statewide effort to improve | 8 | | transport
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 |
| | | SB2527 Engrossed | - 3 - | LRB099 16376 AWJ 40708 b |
|
| 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
| 24 | | demonstration and development projects which shall be designed | 25 | | to test
and develop methods for increasing public use of mass | 26 | | transportation and
for providing mass transportation in an |
| | | SB2527 Engrossed | - 4 - | LRB099 16376 AWJ 40708 b |
|
| 1 | | efficient, coordinated, and
convenient manner.
| 2 | | (9) Make applications for, receive, and make use of
grants
| 3 | | for mass transportation.
| 4 | | (10) Make grants for mass transportation from the | 5 | | Transportation
Fund pursuant to the standards and procedures of | 6 | | Sections
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, | 10 | | adopt, and implement a system safety program standard and | 11 | | establish procedures to comply with the federal Fixing | 12 | | America's Surface Transportation Act ("FAST Act") as required | 13 | | under paragraph (7) of Section 2705-300 of the Department of | 14 | | Transportation Law of the Civil Administrative Code of | 15 | | Illinois. | 16 | | Pursuant to 49 CFR 659, the St. Clair County Transit | 17 | | District and the Department shall have concurrent rail transit | 18 | | safety oversight authority for MetroLink until December 31, | 19 | | 2016. Thereafter, the Department shall have rail transit safety | 20 | | oversight authority in the State of Illinois for MetroLink. | 21 | | Section 10. The Bi-State Transit Safety Act is amended by | 22 | | adding Section 100 as follows: | 23 | | (45 ILCS 111/100 new) |
| | | SB2527 Engrossed | - 5 - | LRB099 16376 AWJ 40708 b |
|
| 1 | | Sec. 100. Repeal. This Act is repealed on December 31, | 2 | | 2016. | 3 | | Section 15. The Regional Transportation Authority Act is | 4 | | amended 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 | 8 | | facilitate
achievement and
maintenance of standards of safety | 9 | | against accidents with respect to public
transportation | 10 | | provided by the Service Boards or by transportation
agencies
| 11 | | pursuant to purchase of service agreements with the Service | 12 | | Boards. The
provisions of general or special orders, rules or | 13 | | regulations issued by the
Illinois Commerce Commission | 14 | | pursuant to Section 57 of "An Act concerning
public utilities", | 15 | | approved June 29, 1921, as amended, which pertain to
public | 16 | | transportation and public transportation facilities of | 17 | | railroads
will continue to apply until the Service Board | 18 | | determines
that different
standards are necessary to protect | 19 | | such health and safety.
| 20 | | (b) (Blank). To the extent required by 49 CFR Part 659 as | 21 | | now or hereafter amended,
the Authority shall develop and adopt | 22 | | a system safety program standard for the
safety of rail fixed | 23 | | guideway systems and the personal security of the systems'
| 24 | | passengers and employees and shall establish procedures for |
| | | SB2527 Engrossed | - 6 - | LRB099 16376 AWJ 40708 b |
|
| 1 | | safety and security
reviews, investigations, and oversight | 2 | | reporting. The Authority shall require
the applicable Service | 3 | | Boards to comply with the requirements of 49 CFR Part
659 as | 4 | | now or hereafter amended. The Authority may contract for the | 5 | | services
of a qualified consultant to comply with this | 6 | | subsection.
| 7 | | (c) The security portion of the system safety program, | 8 | | investigation
reports, surveys, schedules, lists, or data | 9 | | compiled, collected, or prepared by
or for the Department of | 10 | | Transportation or the Authority under this subsection, shall | 11 | | not be subject to discovery
or admitted into evidence in | 12 | | federal or State court or considered for other
purposes in any | 13 | | civil action for damages arising from any matter mentioned or
| 14 | | addressed in such reports, surveys, schedules, lists, data, or | 15 | | information.
| 16 | | (d) Neither the Authority nor its directors, officers, or | 17 | | employees , nor any
Service Board subject to this Section nor | 18 | | its directors, officers, or employees , nor a local mass transit | 19 | | district nor its directors, officers, or employees
shall be | 20 | | held liable in any civil action for any injury to any person or
| 21 | | property for any acts or omissions or failure to act under this | 22 | | Section or
pursuant to the federal Fixing America's Surface | 23 | | Transportation Act 49 CFR Part 659 as now or hereafter amended.
| 24 | | (e) The Authority shall comply with all requirements of | 25 | | Section 5329 of 79 U.S.C. as required by the Department of | 26 | | Transportation under paragraph (7) of Section 2705-300 of the |
| | | SB2527 Engrossed | - 7 - | LRB099 16376 AWJ 40708 b |
|
| 1 | | Department of Transportation Law of the Civil Administrative | 2 | | Code of Illinois. | 3 | | (Source: P.A. 90-273, eff. 7-30-97.)
|
|