SB2527 99TH GENERAL ASSEMBLY

LRB099 16376 AWJ 40708 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB2527

Introduced 2/16/2016, by Sen. Sue Rezin

SYNOPSIS AS INTRODUCED:

20 ILCS 2705/2705-615 new
70 ILCS 3615/2.11	from Ch. 111 2/3, par. 702.11

Amends Regional Transportation Authority Act. Provides that the Illinois Department of Transportation (currently, the Regional Transportation Authority) shall develop, adopt, and implement system safety program standards and procedures meeting the requirements of the federal Moving Ahead for Progress in the 21st Century Act. Limits liability. Amends the Department of Transportation Law of the Civil Administrative Code of Illinois making conforming changes.

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Department of Transportation Law of the Civil Administrative Code of Illinois is amended by adding Section 2705-615 as follows:

(20 ILCS 2705/2705-615 new)

Sec. 2705-615. MAP-21. The Department shall develop, adopt, and implement a system safety program standard and establish procedures to comply with the Moving Ahead for Progress in the 21st Century Act ("MAP-21") as required under Section 2.11 of the Regional Transportation Authority Act.

Section 10. The Regional Transportation Authority Act is amended by changing Section 2.11 as follows:

(70 ILCS 3615/2.11) (from Ch. 111 2/3, par. 702.11)

Sec. 2.11. Safety.

(a) The Service Boards may establish, enforce and facilitate achievement and maintenance of standards of safety against accidents with respect to public transportation provided by the Service Boards or by transportation agencies pursuant to purchase of service agreements with the Service Boards. The provisions of general or special orders, rules or regulations issued by the Illinois Commerce Commission pursuant to Section 57 of "An Act concerning public utilities", approved June 29, 1921, as amended, which pertain to public transportation and public transportation facilities of railroads will continue to apply until the Service Board determines that different standards are necessary to protect such health and safety.

(b) To the extent required by the Moving Ahead for Progress in the 21st Century Act ("MAP-21"), 49 U.S.C. 5329, 49 CFR Part 659 as now or hereafter amended, the Illinois Department of Transportation Authority shall develop, and adopt, and implement a system safety program standard meeting the compliance requirements of MAP-21 for the safety of planned, under construction, or in revenue operation rail fixed guideway systems and the personal security of the systems' passengers and employees, and in accordance with MAP-21 shall establish procedures to regulate, investigate, inspect, audit, and enforce all other necessary and incidental functions related to the effectuation of this Act or Federal law pertaining to public transportation oversight for safety and security reviews, investigations, and oversight reporting. The Illinois Department of Transportation Authority shall require the local mass transit districts, the Authority, and applicable Service Boards to comply with the requirements of MAP-21 49 CFR Part 659 as now or hereafter amended. The Illinois Department of Transportation Authority may contract for the services of a qualified consultant to comply with this subsection.

(c) The security portion of the system safety program, investigation reports, surveys, schedules, lists, or data compiled, collected, or prepared by or for the Illinois Department of Transportation or the Authority under this subsection, shall not be subject to discovery or admitted into evidence in federal or State court or considered for other purposes in any civil action for damages arising from any matter mentioned or addressed in such reports, surveys, schedules, lists, data, or information.

(d) The Neither the Illinois Department of Transportation, Authority and nor its directors, officers, or employees, and a nor local mass transit district, the Authority, or any Service Board subject to this Section, or nor their its directors, officers, or employees, shall not be held liable in any civil action for any injury to any person or property for any acts or omissions or failure to act under this Section or pursuant to MAP-21 49 CFR Part 659 as now or hereafter amended.

(Source: P.A. 90-273, eff. 7-30-97.)