Rep. Jay C. Hoffman
Filed: 3/27/2007
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1 | AMENDMENT TO HOUSE BILL 2133
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2 | AMENDMENT NO. ______. Amend House Bill 2133 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Bi-State Transit Safety Act is amended by | ||||||
5 | changing Sections 10 and 15 as follows:
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6 | (45 ILCS 111/10)
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7 | Sec. 10. Powers. In further effectuation of the Bi-State | ||||||
8 | Development
Compact Act creating the Bi-State Development | ||||||
9 | Agency, the State of Illinois
hereby authorizes the St. Clair | ||||||
10 | County Transit District to exercise the
following powers:
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11 | (1) To regulate the safety and security of passengers, | ||||||
12 | employees, and property of rail fixed guideway systems and | ||||||
13 | the personal
security of the passengers and employees of | ||||||
14 | the Bi-State Development Agency
located and operated | ||||||
15 | within the boundaries of the State of Illinois, to the | ||||||
16 | extent required by
in a
manner consistent with "Rail Fixed |
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1 | Guideway Systems; State Safety Oversight",
49 CFR Part 659 , | ||||||
2 | as now or hereafter amended .
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3 | (2) To develop, adopt, and implement a system safety | ||||||
4 | program standard
meeting the compliance requirements | ||||||
5 | prescribed in Sections 659.31 and 659.33
of "Rail Fixed | ||||||
6 | Guideway Systems; State Safety Oversight" ,
49 CFR Part 659, | ||||||
7 | as now or hereafter amended .
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8 | (3) To require the Bi-State Development Agency to | ||||||
9 | comply with the system safety program standard and
report | ||||||
10 | accidents and
unacceptable hazardous conditions to the St. | ||||||
11 | Clair County Transit District
within a period of time | ||||||
12 | specified by the District as required by Section
659.39 of | ||||||
13 | "Rail Fixed Guideway Systems; State Safety Oversight" ,
49 | ||||||
14 | CFR Part 659, as now or hereafter amended .
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15 | (4) To perform all other necessary and incidental | ||||||
16 | functions related to the effectuation of this Act as | ||||||
17 | mandated by
establish procedures to investigate accidents | ||||||
18 | and unacceptable
hazardous conditions as required by | ||||||
19 | Section 659.41 of "Rail Fixed Guideway
Systems; State | ||||||
20 | Safety Oversight" ,
49 CFR Part 659, as now or hereafter | ||||||
21 | amended .
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22 | (5) Neither the District or its directors, officers, or | ||||||
23 | employees nor the Bi-State Development Agency subject to | ||||||
24 | this Section or its directors, officers, or employees shall | ||||||
25 | be held liable in any civil action for any injury to any | ||||||
26 | person or property for any acts or omission or failure to |
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1 | act under this Section or pursuant to "Rail Fixed Guideway
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2 | Systems; State Safety Oversight",
49 CFR Part 659, as now | ||||||
3 | or hereafter amended.
To direct the Bi-State Development | ||||||
4 | Agency to minimize, control,
correct, or eliminate any | ||||||
5 | investigated hazardous condition within a period of
time | ||||||
6 | specified by the St. Clair County Transit District as | ||||||
7 | required by Section
659.43 of "Rail Fixed Guideway Systems; | ||||||
8 | State Safety Oversight".
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9 | (6) To perform all other necessary and incidental | ||||||
10 | functions related to its
effectuation of this Act and as | ||||||
11 | mandated by "Rail Fixed Guideway Systems; State
Safety | ||||||
12 | Oversight".
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13 | (Source: P.A. 92-281, eff. 8-7-01; re-enacted by P.A. 92-788, | ||||||
14 | eff. 8-6-02.)
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15 | (45 ILCS 111/15)
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16 | Sec. 15. Confidentiality of investigation reports. The | ||||||
17 | system security portion
of the system safety program plan, | ||||||
18 | investigation reports, surveys, schedules,
lists, or data | ||||||
19 | compiled, collected, or prepared by the Bi-State Development
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20 | Agency or the St. Clair County Transit District under this Act, | ||||||
21 | shall not be
subject to discovery or admitted into evidence in | ||||||
22 | federal or State court or
considered for other purposes in any | ||||||
23 | civil action for damages arising from any
matter mentioned or | ||||||
24 | addressed in such plan, reports, surveys, schedules, lists,
or | ||||||
25 | data.
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1 | (Source: P.A. 92-281, eff. 8-7-01; re-enacted by P.A. 92-788, | ||||||
2 | eff. 8-6-02.)
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3 | (45 ILCS 111/5 rep.)
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4 | Section 10. The Bi-State Transit Safety Act is amended by | ||||||
5 | repealing Section 5.".
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