Bill Text: IL SB1373 | 2017-2018 | 100th General Assembly | Engrossed


Bill Title: Amends the Department of Transportation Law of the Civil Administrative Code of Illinois. 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 Fixing America's Surface Transportation Act. Limits liability. Amends the Freedom of Information Act to make certain records of the Illinois Department of Transportation exempt from inspection and copying. Amends the Bi-State Transit Safety Act. Provides a repeal date of December 31, 2017 for that Act. Amends the Regional Transportation Authority Act. Provides that the Regional Transportation Authority shall comply with all safety requirements under specified federal law as required by the Department of Transportation. Provides that the Department of Transportation has rail transit safety oversight authority for MetroLink. Makes other changes. Effective immediately.

Spectrum: Slight Partisan Bill (Democrat 5-3)

Status: (Failed) 2019-01-09 - Session Sine Die [SB1373 Detail]

Download: Illinois-2017-SB1373-Engrossed.html



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1 AN ACT concerning transportation.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Freedom of Information Act is amended by
5changing Section 7.5 as follows:
6 (5 ILCS 140/7.5)
7 Sec. 7.5. Statutory exemptions. To the extent provided for
8by the statutes referenced below, the following shall be exempt
9from inspection and copying:
10 (a) All information determined to be confidential
11 under Section 4002 of the Technology Advancement and
12 Development Act.
13 (b) Library circulation and order records identifying
14 library users with specific materials under the Library
15 Records Confidentiality Act.
16 (c) Applications, related documents, and medical
17 records received by the Experimental Organ Transplantation
18 Procedures Board and any and all documents or other records
19 prepared by the Experimental Organ Transplantation
20 Procedures Board or its staff relating to applications it
21 has received.
22 (d) Information and records held by the Department of
23 Public Health and its authorized representatives relating

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1 to known or suspected cases of sexually transmissible
2 disease or any information the disclosure of which is
3 restricted under the Illinois Sexually Transmissible
4 Disease Control Act.
5 (e) Information the disclosure of which is exempted
6 under Section 30 of the Radon Industry Licensing Act.
7 (f) Firm performance evaluations under Section 55 of
8 the Architectural, Engineering, and Land Surveying
9 Qualifications Based Selection Act.
10 (g) Information the disclosure of which is restricted
11 and exempted under Section 50 of the Illinois Prepaid
12 Tuition Act.
13 (h) Information the disclosure of which is exempted
14 under the State Officials and Employees Ethics Act, and
15 records of any lawfully created State or local inspector
16 general's office that would be exempt if created or
17 obtained by an Executive Inspector General's office under
18 that Act.
19 (i) Information contained in a local emergency energy
20 plan submitted to a municipality in accordance with a local
21 emergency energy plan ordinance that is adopted under
22 Section 11-21.5-5 of the Illinois Municipal Code.
23 (j) Information and data concerning the distribution
24 of surcharge moneys collected and remitted by wireless
25 carriers under the Wireless Emergency Telephone Safety
26 Act.

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1 (k) Law enforcement officer identification information
2 or driver identification information compiled by a law
3 enforcement agency or the Department of Transportation
4 under Section 11-212 of the Illinois Vehicle Code.
5 (l) Records and information provided to a residential
6 health care facility resident sexual assault and death
7 review team or the Executive Council under the Abuse
8 Prevention Review Team Act.
9 (m) Information provided to the predatory lending
10 database created pursuant to Article 3 of the Residential
11 Real Property Disclosure Act, except to the extent
12 authorized under that Article.
13 (n) Defense budgets and petitions for certification of
14 compensation and expenses for court appointed trial
15 counsel as provided under Sections 10 and 15 of the Capital
16 Crimes Litigation Act. This subsection (n) shall apply
17 until the conclusion of the trial of the case, even if the
18 prosecution chooses not to pursue the death penalty prior
19 to trial or sentencing.
20 (o) Information that is prohibited from being
21 disclosed under Section 4 of the Illinois Health and
22 Hazardous Substances Registry Act.
23 (p) Security portions of system safety program plans,
24 investigation reports, surveys, schedules, lists, data, or
25 information compiled, collected, or prepared by or for the
26 Illinois Department of Transportation under Sections

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1 2705-300 and 2705-615 of the Department of Transportation
2 Law of the Civil Administrative Code of Illinois, the
3 Regional Transportation Authority under Section 2.11 of
4 the Regional Transportation Authority Act, or the St. Clair
5 County Transit District under the Bi-State Transit Safety
6 Act.
7 (q) Information prohibited from being disclosed by the
8 Personnel Records Review Act.
9 (r) Information prohibited from being disclosed by the
10 Illinois School Student Records Act.
11 (s) Information the disclosure of which is restricted
12 under Section 5-108 of the Public Utilities Act.
13 (t) All identified or deidentified health information
14 in the form of health data or medical records contained in,
15 stored in, submitted to, transferred by, or released from
16 the Illinois Health Information Exchange, and identified
17 or deidentified health information in the form of health
18 data and medical records of the Illinois Health Information
19 Exchange in the possession of the Illinois Health
20 Information Exchange Authority due to its administration
21 of the Illinois Health Information Exchange. The terms
22 "identified" and "deidentified" shall be given the same
23 meaning as in the Health Insurance Portability and
24 Accountability Act of 1996, Public Law 104-191, or any
25 subsequent amendments thereto, and any regulations
26 promulgated thereunder.

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1 (u) Records and information provided to an independent
2 team of experts under Brian's Law.
3 (v) Names and information of people who have applied
4 for or received Firearm Owner's Identification Cards under
5 the Firearm Owners Identification Card Act or applied for
6 or received a concealed carry license under the Firearm
7 Concealed Carry Act, unless otherwise authorized by the
8 Firearm Concealed Carry Act; and databases under the
9 Firearm Concealed Carry Act, records of the Concealed Carry
10 Licensing Review Board under the Firearm Concealed Carry
11 Act, and law enforcement agency objections under the
12 Firearm Concealed Carry Act.
13 (w) Personally identifiable information which is
14 exempted from disclosure under subsection (g) of Section
15 19.1 of the Toll Highway Act.
16 (x) Information which is exempted from disclosure
17 under Section 5-1014.3 of the Counties Code or Section
18 8-11-21 of the Illinois Municipal Code.
19 (y) Confidential information under the Adult
20 Protective Services Act and its predecessor enabling
21 statute, the Elder Abuse and Neglect Act, including
22 information about the identity and administrative finding
23 against any caregiver of a verified and substantiated
24 decision of abuse, neglect, or financial exploitation of an
25 eligible adult maintained in the Registry established
26 under Section 7.5 of the Adult Protective Services Act.

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1 (z) Records and information provided to a fatality
2 review team or the Illinois Fatality Review Team Advisory
3 Council under Section 15 of the Adult Protective Services
4 Act.
5 (aa) Information which is exempted from disclosure
6 under Section 2.37 of the Wildlife Code.
7 (bb) Information which is or was prohibited from
8 disclosure by the Juvenile Court Act of 1987.
9 (cc) Recordings made under the Law Enforcement
10 Officer-Worn Body Camera Act, except to the extent
11 authorized under that Act.
12 (dd) Information that is prohibited from being
13 disclosed under Section 45 of the Condominium and Common
14 Interest Community Ombudsperson Act.
15 (ee) (dd) Information that is exempted from disclosure
16 under Section 30.1 of the Pharmacy Practice Act.
17(Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756,
18eff. 7-16-14; 98-1039, eff. 8-25-14; 98-1045, eff. 8-25-14;
1999-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, eff. 1-1-16;
2099-642, eff. 7-28-16; 99-776, eff. 8-12-16; 99-863, eff.
218-19-16; revised 9-1-16.)
22 Section 10. The Department of Transportation Law of the
23Civil Administrative Code of Illinois is amended by changing
24Section 2705-300 and adding Section 2705-615 as follows:

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1 (20 ILCS 2705/2705-300) (was 20 ILCS 2705/49.18)
2 Sec. 2705-300. Powers concerning mass transportation. The
3Department has the power to do the following:
4 (1) Advise and assist the Governor and the General Assembly
5in formulating (i) a mass transportation policy for the State,
6(ii) proposals designed to help meet and resolve special
7problems of mass transportation within the State, and (iii)
8programs of assistance for the comprehensive planning,
9development, and administration of mass transportation
10facilities and services.
11 (2) Appear and participate in proceedings before any
12federal, State, or local regulatory agency involving or
13affecting mass transportation in the State.
14 (3) Study mass transportation problems and provide
15technical assistance to units of local government.
16 (4) Encourage experimentation in developing new mass
17transportation facilities and services.
18 (5) Recommend policies, programs, and actions designed to
19improve utilization of mass transportation services.
20 (6) Cooperate with mass transit districts and systems,
21local governments, and other State agencies in meeting those
22problems of air, noise, and water pollution associated with
23transportation.
24 (7) Participate fully in a statewide effort to improve
25transport safety, including, but not limited to: .
26 (A) developing, adopting, and implementing a system

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1 safety program standard meeting the compliance
2 requirements of 49 U.S.C. 5329 and 49 CFR Part 674, as now
3 or hereafter amended, for the safety of planned, under
4 construction, or in revenue operation rail fixed guideway
5 systems and the personal security of the systems'
6 passengers and employees;
7 (B) establishing procedures in accordance with 49
8 U.S.C. 5329 and 49 CFR Part 674 to regulate, investigate,
9 inspect, audit, and enforce all other necessary and
10 incidental functions related to the effectuation of 49
11 U.S.C. 5329 and 49 CFR Part 674 or other federal law
12 pertaining to public transportation oversight; and
13 (C) requiring the mass transit districts, the Regional
14 Transportation Authority, St. Clair County Transit
15 District, and applicable service boards to comply with the
16 requirements of 49 U.S.C. 5329 and 49 CFR Part 674, as now
17 or hereafter amended. The Department may contract for the
18 services of a qualified consultant to comply with this
19 subsection.
20 The security portion of the system safety program,
21investigation reports, surveys, schedules, lists, or data
22compiled, collected, or prepared by or for the Department under
23this subsection shall not be subject to discovery or admitted
24into evidence in federal or State court or considered for other
25purposes in any civil action for damages arising from any
26matter mentioned or addressed in such reports, surveys,

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1schedules, lists, data, or information.
2 Except for willful or wanton conduct, neither the
3Department nor its employees, nor the Regional Transportation
4Authority, nor the St. Clair County Transit District, nor any
5mass transit district nor service board subject to this
6Section, nor their respective directors, officers, or
7employees, shall be held liable in any civil action for any
8injury to or death of any person or loss of or damage to
9property for any act, omission, or failure to act under this
10Section, 49 U.S.C. 5329, 49 CFR Part 659, or 49 CFR Part 674,
11as now or hereafter amended.
12 (8) Conduct by contract or otherwise technical studies, and
13demonstration and development projects which shall be designed
14to test and develop methods for increasing public use of mass
15transportation and for providing mass transportation in an
16efficient, coordinated, and convenient manner.
17 (9) Make applications for, receive, and make use of grants
18for mass transportation.
19 (10) Make grants for mass transportation from the
20Transportation Fund pursuant to the standards and procedures of
21Sections 2705-305 and 2705-310.
22(Source: P.A. 91-239, eff. 1-1-00.)
23 (20 ILCS 2705/2705-615 new)
24 Sec. 2705-615. State safety oversight for rail fixed
25guideway systems. The Department shall develop, adopt, and

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1implement a system safety program standard and establish
2procedures to comply with 49 U.S.C. 5329 and 49 CFR Part 674 as
3required under paragraph (7) of Section 2705-300 of the
4Department of Transportation Law of the Civil Administrative
5Code of Illinois.
6 Section 15. The Metropolitan Transit Authority Act is
7amended by changing Section 9b and by adding Section 9c as
8follows:
9 (70 ILCS 3605/9b) (from Ch. 111 2/3, par. 309b)
10 Sec. 9b. The Authority shall comply with the requirements
11imposed upon a Service Board in Sections 4.09(d) and 4.11 of
12the Regional Transportation Authority Act and with the
13requirements of subsection (b) of Section 2.11 of the Regional
14Transportation Authority Act. The Authority shall present
15evidence that it has complied with Section 27a of this Act to
16the Regional Transportation Authority.
17(Source: P.A. 90-273, eff. 7-30-97.)
18 (70 ILCS 3605/9c new)
19 Sec. 9c. State safety oversight for rail fixed guideway
20systems. The Authority shall comply with the requirements of 49
21U.S.C. 5329 as required by the Department of Transportation
22under paragraph (7) of Section 2705-300 of the Department of
23Transportation Law of the Civil Administrative Code of

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1Illinois.
2 Section 20. The Regional Transportation Authority Act is
3amended by changing Section 2.11 as follows:
4 (70 ILCS 3615/2.11) (from Ch. 111 2/3, par. 702.11)
5 Sec. 2.11. Safety.
6 (a) The Service Boards may establish, enforce and
7facilitate achievement and maintenance of standards of safety
8against accidents with respect to public transportation
9provided by the Service Boards or by transportation agencies
10pursuant to purchase of service agreements with the Service
11Boards. The provisions of general or special orders, rules or
12regulations issued by the Illinois Commerce Commission
13pursuant to Section 57 of "An Act concerning public utilities",
14approved June 29, 1921, as amended, which pertain to public
15transportation and public transportation facilities of
16railroads will continue to apply until the Service Board
17determines that different standards are necessary to protect
18such health and safety.
19 (b) (Blank). To the extent required by 49 CFR Part 659 as
20now or hereafter amended, the Authority shall develop and adopt
21a system safety program standard for the safety of rail fixed
22guideway systems and the personal security of the systems'
23passengers and employees and shall establish procedures for
24safety and security reviews, investigations, and oversight

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1reporting. The Authority shall require the applicable Service
2Boards to comply with the requirements of 49 CFR Part 659 as
3now or hereafter amended. The Authority may contract for the
4services of a qualified consultant to comply with this
5subsection.
6 (c) The security portion of the system safety program,
7investigation reports, surveys, schedules, lists, or data
8compiled, collected, or prepared by or for the Department of
9Transportation or the Authority under this subsection, shall
10not be subject to discovery or admitted into evidence in
11federal or State court or considered for other purposes in any
12civil action for damages arising from any matter mentioned or
13addressed in such reports, surveys, schedules, lists, data, or
14information.
15 (d) Neither the Authority nor its directors, officers, or
16employees, nor any Service Board subject to this Section nor
17its directors, officers, or employees, nor a mass transit
18district nor its directors, officers, or employees shall be
19held liable in any civil action for any injury to any person or
20property for any acts or omissions or failure to act under this
21Section or pursuant to 49 CFR Part 659, as now or hereafter
22amended.
23 (e) The Authority shall comply with all requirements of 49
24U.S.C. 5329 as required by the Department of Transportation
25under paragraph (7) of Section 2705-300 of the Department of
26Transportation Law of the Civil Administrative Code of

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1Illinois.
2(Source: P.A. 90-273, eff. 7-30-97.)
3 (45 ILCS 111/Act rep.)
4 Section 25. The Bi-State Transit Safety Act is repealed.
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