State of Illinois
2017 and 2018


Introduced 2/9/2017, by Sen. Karen McConnaughay


5 ILCS 140/7.5
20 ILCS 2705/2705-300  was 20 ILCS 2705/49.18
20 ILCS 2705/2705-615 new
45 ILCS 111/100 new
70 ILCS 3605/9b  from Ch. 111 2/3, par. 309b
70 ILCS 3615/2.11  from Ch. 111 2/3, par. 702.11

    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.

LRB100 07408 AWJ 18373 b






SB1373LRB100 07408 AWJ 18373 b

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



SB1373- 2 -LRB100 07408 AWJ 18373 b

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.



SB1373- 3 -LRB100 07408 AWJ 18373 b

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



SB1373- 4 -LRB100 07408 AWJ 18373 b

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.



SB1373- 5 -LRB100 07408 AWJ 18373 b

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.



SB1373- 6 -LRB100 07408 AWJ 18373 b

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:



SB1373- 7 -LRB100 07408 AWJ 18373 b

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
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



SB1373- 8 -LRB100 07408 AWJ 18373 b

1    safety program standard meeting the compliance
2    requirements of the Fixing America's Surface
3    Transportation Act (FAST Act), 49 U.S.C. 5329, and 49 CFR
4    Part 674, as now or hereafter amended, for the safety of
5    planned, under construction, or in revenue operation rail
6    fixed guideway systems and the personal security of the
7    systems' passengers and employees;
8        (B) establishing procedures in accordance with the
9    FAST Act, to regulate, investigate, inspect, audit, and
10    enforce all other necessary and incidental functions
11    related to the effectuation of the FAST Act or other
12    federal law pertaining to public transportation oversight;
13    and
14        (C) requiring the local mass transit districts, the
15    Regional Transportation Authority, St. Clair County
16    Transit District, and applicable service boards to comply
17    with the requirements of 49 U.S.C. 5329 and 49 CFR Part
18    674, as now or hereafter amended. The Department may
19    contract for the services of a qualified consultant to
20    comply with this subsection.
21    The security portion of the system safety program,
22including, without limitation, investigation reports, surveys,
23schedules, lists, or data compiled, collected, or prepared by
24or for the Department under this subsection, shall not be
25subject to discovery or admitted into evidence in federal or
26State court or considered for other purposes in any civil



SB1373- 9 -LRB100 07408 AWJ 18373 b

1action for damages arising from any matter mentioned or
2addressed in such reports, surveys, schedules, lists, data, or
4    The Department or its employees, or any local mass transit
5district, the Regional Transportation Authority, St. Clair
6County Transit District, or any service board subject to this
7Section, or their respective directors, officers, or
8employees, are not liable in any civil action for any injury to
9or death of any person or loss of or damage to property for any
10act, omission, or failure to act under this Section, the Fast
11Act, 49 U.S.C. 5329, 49 CFR Part 659, or 49 CFR Part 674, as now
12or hereafter amended.
13    (8) Conduct by contract or otherwise technical studies, and
14demonstration and development projects which shall be designed
15to test and develop methods for increasing public use of mass
16transportation and for providing mass transportation in an
17efficient, coordinated, and convenient manner.
18    (9) Make applications for, receive, and make use of grants
19for mass transportation.
20    (10) Make grants for mass transportation from the
21Transportation Fund pursuant to the standards and procedures of
22Sections 2705-305 and 2705-310.
23(Source: P.A. 91-239, eff. 1-1-00.)
24    (20 ILCS 2705/2705-615 new)
25    Sec. 2705-615. Fixing America's Surface Transportation



SB1373- 10 -LRB100 07408 AWJ 18373 b

1Act. The Department shall develop, adopt, and implement a
2system safety program standard and establish procedures to
3comply with the federal Fixing America's Surface
4Transportation Act as required under paragraph (7) of Section
52705-300 of the Department of Transportation Law of the Civil
6Administrative Code of Illinois.
7    Pursuant to 49 CFR 659, the Department has rail transit
8safety oversight authority in this State for MetroLink.
9    Section 15. The Bi-State Transit Safety Act is amended by
10adding Section 100 as follows:
11    (45 ILCS 111/100 new)
12    Sec. 100. Repeal. This Act is repealed on December 31,
14    Section 20. The Metropolitan Transit Authority Act is
15amended by changing Section 9b as follows:
16    (70 ILCS 3605/9b)  (from Ch. 111 2/3, par. 309b)
17    Sec. 9b. The Authority shall comply with the requirements
18imposed upon a Service Board in Sections 4.09(d) and 4.11 of
19the Regional Transportation Authority Act and with the
20requirements of subsection (b) of Section 2.11 of the Regional
21Transportation Authority Act. The Authority shall present
22evidence that it has complied with Section 27a of this Act to



SB1373- 11 -LRB100 07408 AWJ 18373 b

1the Regional Transportation Authority.
2(Source: P.A. 90-273, eff. 7-30-97.)
3    Section 25. The Regional Transportation Authority Act is
4amended 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
8facilitate achievement and maintenance of standards of safety
9against accidents with respect to public transportation
10provided by the Service Boards or by transportation agencies
11pursuant to purchase of service agreements with the Service
12Boards. The provisions of general or special orders, rules or
13regulations issued by the Illinois Commerce Commission
14pursuant to Section 57 of "An Act concerning public utilities",
15approved June 29, 1921, as amended, which pertain to public
16transportation and public transportation facilities of
17railroads will continue to apply until the Service Board
18determines that different standards are necessary to protect
19such health and safety.
20    (b) (Blank). To the extent required by 49 CFR Part 659 as
21now or hereafter amended, the Authority shall develop and adopt
22a system safety program standard for the safety of rail fixed
23guideway systems and the personal security of the systems'
24passengers and employees and shall establish procedures for



SB1373- 12 -LRB100 07408 AWJ 18373 b

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



SB1373- 13 -LRB100 07408 AWJ 18373 b

1under paragraph (7) of Section 2705-300 of the Department of
2Transportation Law of the Civil Administrative Code of
4(Source: P.A. 90-273, eff. 7-30-97.)
5    Section 99. Effective date. This Act takes effect upon
6becoming law.