HB4661ham001 96TH GENERAL ASSEMBLY

Mass Transit Committee

Filed: 2/25/2010

09600HB4661ham001 LRB096 15113 RLJ 37255 a

AMENDMENT TO HOUSE BILL 4661

AMENDMENT NO. ______. Amend House Bill 4661 by replacing everything after the enacting clause with the following:

"Section 5. The Metropolitan Transit Authority Act is amended by adding Section 54 as follows:

(70 ILCS 3605/54 new)

Sec. 54. Automated external defibrillator. Subject to appropriation by the General Assembly for the costs of installation and associated ongoing maintenance and training, the Board must ensure that all staffed rail stations used for public transportation have at least one automated external defibrillator no later than 2 years after the effective date of this amendatory Act of the 96th General Assembly. For the purposes of this Section, "automated external defibrillator" has the meaning ascribed to that term in Section 10 of the Automated External Defibrillator Act.

Section 10. The Regional Transportation Authority Act is amended by adding Sections 3B.17 and 5.03 as follows:

(70 ILCS 3615/3B.17 new)

Sec. 3B.17. Automated external defibrillator. Subject to appropriation by the General Assembly for the costs of installation and associated ongoing maintenance and training, the Commuter Rail Board must ensure that all trains used for public transportation have at least one automated external defibrillator no later than 2 years after the effective date of this amendatory Act of the 96th General Assembly. For the purposes of this Section, "automated external defibrillator" has the meaning ascribed to that term in Section 10 of the Automated External Defibrillator Act.

(70 ILCS 3615/5.03) (from Ch. 111 2/3, par. 705.03)

Sec. 5.03. Limitation on Actions.

The Authority shall not be liable in any civil action for any injury to any person or property for any acts or omissions of any transportation agency or unit of local government, as a result of the Authority making grants to or having a purchase of service agreement with such agency or unit of local government. Nothing in this Act, however, limits the power of the Authority in its purchase of service agreements to pay the cost of any such injuries.

No civil action shall be commenced in any court against the Authority by any person on account of any wrongful death or for any injury to any person unless it is commenced within one year from the date that the cause of action accrued; provided, however, that the foregoing shall not limit a transportation agency in bringing a civil action to enforce its rights under a purchase of service agreement with the Authority. This amendatory Act of 1995 applies only to causes of action accruing on or after January 1, 1996.

Notwithstanding any of the provisions of the Automated External Defibrillator Act or the Good Samaritan Act, the following entities and their employees, agents, officers, affiliates, representatives, divisions, or directors shall not be liable for any civil damages in connection with or involving an automated external defibrillator:

(1) the Authority,

(2) any Service Board, or

(3) any transportation agency that provides public transportation subject to a purchase of service agreement pursuant to Section 2.02.

(Source: P.A. 89-109, eff. 1-1-96.)

Section 15. The Automated External Defibrillator Act is amended by adding Section 35 as follows:

(410 ILCS 4/35 new)

Sec. 35. Exclusion. This Act is subject to Section 5.03 of the Regional Transportation Authority Act.

Section 20. The Good Samaritan Act is amended by adding Section 77 as follows:

(745 ILCS 49/77 new)

Sec. 77. Exclusion. This Act is subject to Section 5.03 of the Regional Transportation Authority Act.

Section 99. Effective date. This Act takes effect upon becoming law.".