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90_SB0800
New Act
5 ILCS 140/7 from Ch. 116, par. 207
70 ILCS 3605/9a from Ch. 111 2/3, par. 309a
70 ILCS 3605/9b from Ch. 111 2/3, par. 309b
70 ILCS 3605/27a from Ch. 111 2/3, par. 327a
70 ILCS 3615/2.11 from Ch. 111 2/3, par. 702.11
625 ILCS 5/15-308.1 new
70 ILCS 3615/4.01a rep.
Creates the Bi-State Transit Safety Act to develop and
implement a safety program in compliance with a national
state safety oversight program for rail fixed guideway
systems operating in the States of Missouri and Illinois.
Amends the Freedom of Information Act to include in the list
of information exempt from inspection and copying security
portions of system safety programs compiled by the Regional
Transportation Authority or the State of Missouri. Amends the
Metropolitan Transit Authority Act to require compliance with
Section 2.11b of the Regional Transportation Authority Act.
Amends the Regional Transportation Authority Act to require
the Authority to develop and adopt a system safety program
standard for the safety of rail fixed guideway systems in
compliance with the national state safety oversight program.
Amends the Illinois Vehicle Code. Prescribes permit
requirements and fee of $500 for moving oversize or
overweight equipment to the site of rail derailments. Repeals
Section in the Regional Transportation Authority Act
concerning the oversight board. Effective immediately.
LRB9001375KDksC
LRB9001375KDksC
1 AN ACT in relation to transportation.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5 Bi-State Transit Safety Act.
6 Section 5. Definitions. As used in this Act:
7 "Accident" means any event involving the revenue service
8 operation of a rail fixed guideway system if as a result:
9 (1) an individual dies;
10 (2) an individual suffers bodily injury and
11 immediately receives medical treatment away from the
12 scene of the accident; or
13 (3) a collision, derailment, or fire causes
14 property damage in excess of $100,000.
15 "APTA Guidelines" means the American Public Transit
16 Association's "Manual for the Development of Rail Transit
17 System Safety Program Plans", published on August 20, 1991.
18 "FTA" means the Federal Transit Administration, an agency
19 within the U.S. Department of Transportation.
20 "Hazardous condition" means a condition that may endanger
21 human life or property. It includes unacceptable hazardous
22 conditions.
23 "Investigation" means a process to determine the probable
24 cause of an accident or an unacceptable hazardous condition;
25 it may involve no more than a review and approval of the
26 transit agency's determination of the probable cause of an
27 accident or unacceptable hazardous condition.
28 "Rail fixed guideway system" means any light, heavy, or
29 rapid rail system, monorail, inclined plane, funicular,
30 trolley, or automated guideway that is:
31 (1) included in FTA's calculation or fixed guideway
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1 route miles or receives funding under FTA's formula
2 program for urbanized areas; and
3 (2) not regulated by the Federal Railroad
4 Administration.
5 "System safety program plan" means a document adopted by
6 the transit agency detailing its safety policies, objectives,
7 responsibilities, and procedures.
8 "System safety program standard" means the standard
9 developed and adopted by the State oversight agency which, at
10 a minimum, complies with the APTA Guidelines and which
11 addresses personal security.
12 "Transit agency" means an entity operating a rail fixed
13 guideway system.
14 "Unacceptable hazardous condition" means a hazardous
15 condition determined to be an unacceptable hazardous
16 condition using the APTA Guidelines' Hazard Resolution
17 Matrix.
18 Section 10. Powers. In further effectuation of the
19 Bi-State Development Compact Act creating the Bi-State
20 Development Agency, the State of Illinois hereby authorizes
21 the State of Missouri to exercise the following powers:
22 (1) To regulate the safety of rail fixed guideway
23 systems and the personal security of the passengers and
24 employees of the Bi-State Development Agency located and
25 operated within the boundaries of the State of Illinois,
26 in a manner consistent with "Rail Fixed Guideway Systems;
27 State Safety Oversight", 49 CFR Part 659.
28 (2) To develop, adopt, and implement a system
29 safety program standard meeting the compliance
30 requirements prescribed in Sections 659.31 and 659.33 of
31 "Rail Fixed Guideway Systems; State Safety Oversight".
32 (3) To require the Bi-State Development Agency to
33 report accidents and unacceptable hazardous conditions to
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1 the State of Missouri within a period of time specified
2 by the State of Missouri as required by Section 659.39 of
3 "Rail Fixed Guideway Systems; State Safety Oversight".
4 (4) To establish procedures to investigate
5 accidents and unacceptable hazardous conditions as
6 required by Section 659.41 of "Rail Fixed Guideway
7 Systems; State Safety Oversight".
8 (5) To direct the Bi-State Development Agency to
9 minimize, control, correct, or eliminate any investigated
10 hazardous condition within a period of time specified by
11 the State of Missouri as required by Section 659.43 of
12 "Rail Fixed Guideway Systems; State Safety Oversight".
13 (6) To perform all other necessary and incidental
14 functions related to its effectuation of this Act and as
15 mandated by "Rail Fixed Guideway Systems; State Safety
16 Oversight".
17 Section 15. Confidentiality of investigation reports.
18 The security portion of the system safety program plan,
19 investigation reports, surveys, schedules, lists, or data
20 compiled, collected, or prepared by the Bi-State Development
21 Agency or the State of Missouri under this Act, shall not be
22 subject to discovery or admitted into evidence in federal or
23 State court or considered for other purposes in any civil
24 action for damages arising from any matter mentioned or
25 addressed in such plan, reports, surveys, schedules, lists,
26 or data.
27 Section 20. Liability. Neither the State of Missouri
28 nor employees or agents thereof nor the Bi-State Development
29 Agency nor its directors, officers, or employees, shall be
30 held liable in any civil action for any injury to any person
31 or property for any acts or omissions or failure to act under
32 this Act or "Rail Fixed Guideway Systems; State Safety
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1 Oversight".
2 Section 25. Right to contract for safety consultation.
3 The State of Missouri may contract with the Bi-State
4 Development Agency for safety consultation under the State of
5 Missouri's duties created by this Act. The State of Missouri
6 may assess the Bi-State Development Agency for its expenses
7 in administering the Act.
8 Section 30. Jurisdiction. The jurisdiction of the State
9 of Missouri under this Act shall be exclusive, except to the
10 extent that its jurisdiction is preempted by federal statute,
11 regulation, or order.
12 Section 50. The Freedom of Information Act is amended by
13 changing Section 7 as follows:
14 (5 ILCS 140/7) (from Ch. 116, par. 207)
15 Sec. 7. Exemptions.
16 (1) The following shall be exempt from inspection and
17 copying:
18 (a) Information specifically prohibited from
19 disclosure by federal or State law or rules and
20 regulations adopted under federal or State law.
21 (b) Information that, if disclosed, would
22 constitute a clearly unwarranted invasion of personal
23 privacy, unless the disclosure is consented to in writing
24 by the individual subjects of the information. The
25 disclosure of information that bears on the public duties
26 of public employees and officials shall not be considered
27 an invasion of personal privacy. Information exempted
28 under this subsection (b) shall include but is not
29 limited to:
30 (i) files and personal information maintained
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1 with respect to clients, patients, residents,
2 students or other individuals receiving social,
3 medical, educational, vocational, financial,
4 supervisory or custodial care or services directly
5 or indirectly from federal agencies or public
6 bodies;
7 (ii) personnel files and personal information
8 maintained with respect to employees, appointees or
9 elected officials of any public body or applicants
10 for those positions;
11 (iii) files and personal information
12 maintained with respect to any applicant, registrant
13 or licensee by any public body cooperating with or
14 engaged in professional or occupational
15 registration, licensure or discipline;
16 (iv) information required of any taxpayer in
17 connection with the assessment or collection of any
18 tax unless disclosure is otherwise required by State
19 statute; and
20 (v) information revealing the identity of
21 persons who file complaints with or provide
22 information to administrative, investigative, law
23 enforcement or penal agencies; provided, however,
24 that identification of witnesses to traffic
25 accidents, traffic accident reports, and rescue
26 reports may be provided by agencies of local
27 government, except in a case for which a criminal
28 investigation is ongoing, without constituting a
29 clearly unwarranted per se invasion of personal
30 privacy under this subsection.
31 (c) Records compiled by any public body for
32 administrative enforcement proceedings and any law
33 enforcement or correctional agency for law enforcement
34 purposes or for internal matters of a public body, but
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1 only to the extent that disclosure would:
2 (i) interfere with pending or actually and
3 reasonably contemplated law enforcement proceedings
4 conducted by any law enforcement or correctional
5 agency;
6 (ii) interfere with pending administrative
7 enforcement proceedings conducted by any public
8 body;
9 (iii) deprive a person of a fair trial or an
10 impartial hearing;
11 (iv) unavoidably disclose the identity of a
12 confidential source or confidential information
13 furnished only by the confidential source;
14 (v) disclose unique or specialized
15 investigative techniques other than those generally
16 used and known or disclose internal documents of
17 correctional agencies related to detection,
18 observation or investigation of incidents of crime
19 or misconduct;
20 (vi) constitute an invasion of personal
21 privacy under subsection (b) of this Section;
22 (vii) endanger the life or physical safety of
23 law enforcement personnel or any other person; or
24 (viii) obstruct an ongoing criminal
25 investigation.
26 (d) Criminal history record information maintained
27 by State or local criminal justice agencies, except the
28 following which shall be open for public inspection and
29 copying:
30 (i) chronologically maintained arrest
31 information, such as traditional arrest logs or
32 blotters;
33 (ii) the name of a person in the custody of a
34 law enforcement agency and the charges for which
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1 that person is being held;
2 (iii) court records that are public;
3 (iv) records that are otherwise available
4 under State or local law; or
5 (v) records in which the requesting party is
6 the individual identified, except as provided under
7 part (vii) of paragraph (c) of subsection (1) of
8 this Section.
9 "Criminal history record information" means data
10 identifiable to an individual and consisting of
11 descriptions or notations of arrests, detentions,
12 indictments, informations, pre-trial proceedings, trials,
13 or other formal events in the criminal justice system or
14 descriptions or notations of criminal charges (including
15 criminal violations of local municipal ordinances) and
16 the nature of any disposition arising therefrom,
17 including sentencing, court or correctional supervision,
18 rehabilitation and release. The term does not apply to
19 statistical records and reports in which individuals are
20 not identified and from which their identities are not
21 ascertainable, or to information that is for criminal
22 investigative or intelligence purposes.
23 (e) Records that relate to or affect the security
24 of correctional institutions and detention facilities.
25 (f) Preliminary drafts, notes, recommendations,
26 memoranda and other records in which opinions are
27 expressed, or policies or actions are formulated, except
28 that a specific record or relevant portion of a record
29 shall not be exempt when the record is publicly cited and
30 identified by the head of the public body. The exemption
31 provided in this paragraph (f) extends to all those
32 records of officers and agencies of the General Assembly
33 that pertain to the preparation of legislative documents.
34 (g) Trade secrets and commercial or financial
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1 information obtained from a person or business where the
2 trade secrets or information are proprietary, privileged
3 or confidential, or where disclosure of the trade secrets
4 or information may cause competitive harm, including all
5 information determined to be confidential under Section
6 4002 of the Technology Advancement and Development Act.
7 Nothing contained in this paragraph (g) shall be
8 construed to prevent a person or business from consenting
9 to disclosure.
10 (h) Proposals and bids for any contract, grant, or
11 agreement, including information which if it were
12 disclosed would frustrate procurement or give an
13 advantage to any person proposing to enter into a
14 contractor agreement with the body, until an award or
15 final selection is made. Information prepared by or for
16 the body in preparation of a bid solicitation shall be
17 exempt until an award or final selection is made.
18 (i) Valuable formulae, designs, drawings and
19 research data obtained or produced by any public body
20 when disclosure could reasonably be expected to produce
21 private gain or public loss.
22 (j) Test questions, scoring keys and other
23 examination data used to administer an academic
24 examination or determined the qualifications of an
25 applicant for a license or employment.
26 (k) Architects' plans and engineers' technical
27 submissions for projects not constructed or developed in
28 whole or in part with public funds and for projects
29 constructed or developed with public funds, to the extent
30 that disclosure would compromise security.
31 (l) Library circulation and order records
32 identifying library users with specific materials.
33 (m) Minutes of meetings of public bodies closed to
34 the public as provided in the Open Meetings Act until the
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1 public body makes the minutes available to the public
2 under Section 2.06 of the Open Meetings Act.
3 (n) Communications between a public body and an
4 attorney or auditor representing the public body that
5 would not be subject to discovery in litigation, and
6 materials prepared or compiled by or for a public body in
7 anticipation of a criminal, civil or administrative
8 proceeding upon the request of an attorney advising the
9 public body, and materials prepared or compiled with
10 respect to internal audits of public bodies.
11 (o) Information received by a primary or secondary
12 school, college or university under its procedures for
13 the evaluation of faculty members by their academic
14 peers.
15 (p) Administrative or technical information
16 associated with automated data processing operations,
17 including but not limited to software, operating
18 protocols, computer program abstracts, file layouts,
19 source listings, object modules, load modules, user
20 guides, documentation pertaining to all logical and
21 physical design of computerized systems, employee
22 manuals, and any other information that, if disclosed,
23 would jeopardize the security of the system or its data
24 or the security of materials exempt under this Section.
25 (q) Documents or materials relating to collective
26 negotiating matters between public bodies and their
27 employees or representatives, except that any final
28 contract or agreement shall be subject to inspection and
29 copying.
30 (r) Drafts, notes, recommendations and memoranda
31 pertaining to the financing and marketing transactions of
32 the public body. The records of ownership, registration,
33 transfer, and exchange of municipal debt obligations, and
34 of persons to whom payment with respect to these
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1 obligations is made.
2 (s) The records, documents and information relating
3 to real estate purchase negotiations until those
4 negotiations have been completed or otherwise terminated.
5 With regard to a parcel involved in a pending or actually
6 and reasonably contemplated eminent domain proceeding
7 under Article VII of the Code of Civil Procedure,
8 records, documents and information relating to that
9 parcel shall be exempt except as may be allowed under
10 discovery rules adopted by the Illinois Supreme Court.
11 The records, documents and information relating to a real
12 estate sale shall be exempt until a sale is consummated.
13 (t) Any and all proprietary information and records
14 related to the operation of an intergovernmental risk
15 management association or self-insurance pool or jointly
16 self-administered health and accident cooperative or
17 pool.
18 (u) Information concerning a university's
19 adjudication of student or employee grievance or
20 disciplinary cases, to the extent that disclosure would
21 reveal the identity of the student or employee and
22 information concerning any public body's adjudication of
23 student or employee grievances or disciplinary cases,
24 except for the final outcome of the cases.
25 (v) Course materials or research materials used by
26 faculty members.
27 (w) Information related solely to the internal
28 personnel rules and practices of a public body.
29 (x) Information contained in or related to
30 examination, operating, or condition reports prepared by,
31 on behalf of, or for the use of a public body responsible
32 for the regulation or supervision of financial
33 institutions or insurance companies, unless disclosure is
34 otherwise required by State law.
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1 (y) Information the disclosure of which is
2 restricted under Section 5-108 of the Public Utilities
3 Act.
4 (z) Manuals or instruction to staff that relate to
5 establishment or collection of liability for any State
6 tax or that relate to investigations by a public body to
7 determine violation of any criminal law.
8 (aa) Applications, related documents, and medical
9 records received by the Experimental Organ
10 Transplantation Procedures Board and any and all
11 documents or other records prepared by the Experimental
12 Organ Transplantation Procedures Board or its staff
13 relating to applications it has received.
14 (bb) Insurance or self insurance (including any
15 intergovernmental risk management association or self
16 insurance pool) claims, loss or risk management
17 information, records, data, advice or communications.
18 (cc) Information and records held by the Department
19 of Public Health and its authorized representatives
20 relating to known or suspected cases of sexually
21 transmissible disease or any information the disclosure
22 of which is restricted under the Illinois Sexually
23 Transmissible Disease Control Act.
24 (dd) Information the disclosure of which is
25 exempted under Section 7 of the Radon Mitigation Act.
26 (ee) Firm performance evaluations under Section 55
27 of the Architectural, Engineering, and Land Surveying
28 Qualifications Based Selection Act.
29 (ff) Security portions of system safety program
30 plans, investigation reports, surveys, schedules, lists,
31 data, or information compiled, collected, or prepared by
32 or for the Regional Transportation Authority under
33 Section 2.11 of the Regional Transportation Authority Act
34 or the State of Missouri under the Bi-State Transit
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1 Safety Act.
2 (2) This Section does not authorize withholding of
3 information or limit the availability of records to the
4 public, except as stated in this Section or otherwise
5 provided in this Act.
6 (Source: P.A. 87-241; 87-673; 87-895; 88-444.)
7 Section 55. The Metropolitan Transit Authority Act is
8 amended by changing Sections 9a, 9b, and 27a as follows:
9 (70 ILCS 3605/9a) (from Ch. 111 2/3, par. 309a)
10 Sec. 9a. In addition to all its other powers, the
11 Authority shall, in all its dealings with the Regional
12 Transportation Authority established by the "Regional
13 Transportation Authority Act", enacted by the 78th General
14 Assembly, have the following powers:
15 (a) to cooperate with the Regional Transportation
16 Authority in the exercise by the Regional Transportation
17 Authority of all the powers granted it by such Act;
18 (b) to receive funds from the Regional Transportation
19 Authority pursuant to Sections 2.02, 4.01, 4.02, 4.09 and
20 4.10 of the "Regional Transportation Authority Act", all as
21 provided in the "Regional Transportation Authority Act";
22 (c) to receive financial grants from the Regional
23 Transportation Authority or a Service Board, as defined in
24 the "Regional Transportation Authority Act", upon such terms
25 and conditions as shall be set forth in a grant contract
26 between either the Authority and the Regional Transportation
27 Authority or the Authority and another Service Board, which
28 contract or agreement may be for such number of years or
29 duration as the parties may agree, all as provided in the
30 "Regional Transportation Authority Act";
31 (d) to acquire from the Regional Transportation
32 Authority any Public Transportation Facility, as defined in
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1 the "Regional Transportation Authority Act", by purchase
2 contract, gift, grant, exchange for other property or rights
3 in property, lease (or sublease) or installment or
4 conditional purchase contracts, which contracts or leases may
5 provide for consideration to be paid in annual installments
6 during a period not exceeding 40 years; such property may be
7 acquired subject to such conditions, restrictions, liens or
8 security or other interests of other parties as the Authority
9 may deem appropriate and in each case the Authority may
10 acquire or dispose of a joint, leasehold, easement, license
11 or other partial interest in such property;
12 (e) to sell, sell by installment contract, lease (or
13 sublease) as lessor, or transfer to, or grant to or provide
14 for the use by the Regional Transportation Authority any
15 Public Transportation Facility, as defined in the "Regional
16 Transportation Authority Act", upon such terms and for such
17 consideration, or for no consideration, as the Authority may
18 deem proper;
19 (f) to cooperate with the Regional Transportation
20 Authority for the protection of employees of the Authority
21 and users of public transportation facilities against crime
22 and unsafe conditions and also to protect such facilities;
23 such cooperation may include, without limitation, agreements
24 for the coordination or merger of police or security forces;
25 (g) to file such budgets, financial plans and reports
26 with and transfer such records, papers or documents to the
27 Regional Transportation Authority as may be agreed upon with,
28 or required by the Regional Transportation Authority, all as
29 provided in the "Regional Transportation Authority Act".
30 (Source: P.A. 83-1362.)
31 (70 ILCS 3605/9b) (from Ch. 111 2/3, par. 309b)
32 Sec. 9b. The Authority shall comply with the requirements
33 imposed upon a Service Board in Sections 4.09(d) and 4.11 of
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1 the Regional Transportation Authority Act and with the
2 requirements of subsection (b) of Section 2.11 of the
3 Regional Transportation Authority Act. The Authority shall
4 present evidence that it has complied with Section 27a of
5 this Act to the Regional Transportation Authority Oversight
6 Board created by Section 4.01a of the Regional Transportation
7 Authority Act, as amended.
8 (Source: P.A. 86-463.)
9 (70 ILCS 3605/27a) (from Ch. 111 2/3, par. 327a)
10 Sec. 27a. In addition to annually expending moneys equal
11 to moneys expended by the Authority in the fiscal year ending
12 December 31, 1988 for the protection against crime of its
13 properties, employees and consumers of its public
14 transportation services, the Authority also shall annually
15 expend for the protection against crime of its employees and
16 consumers, an amount that is equal to not less than 15
17 percent of all direct grants it receives from the State of
18 Illinois as reimbursement for providing reduced fares for
19 mass transportation services to students, handicapped persons
20 and the elderly. The Authority shall provide to the Regional
21 Transportation Authority Oversight Board established pursuant
22 to Section 4.01a of the Regional Transportation Authority
23 Act, as amended, such information as is required by the
24 Regional Transportation Authority Oversight Board in
25 determining whether the Authority has expended moneys in
26 compliance with the provisions of this Section and with
27 respect to any studies and hearings that the Oversight Board
28 may conduct on the matter of the protection of employees of
29 the Chicago Transit Authority and consumers of public
30 transportation services provided by the Chicago Transit
31 Authority against crime. The provisions of this Section shall
32 apply in any fiscal year of the Authority only after all debt
33 service requirements are met for that fiscal year.
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1 (Source: P.A. 86-463.)
2 Section 60. The Regional Transportation Authority Act is
3 amended 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
7 facilitate achievement and maintenance of standards of safety
8 against accidents with respect to public transportation
9 provided by the Service Boards or by transportation agencies
10 pursuant to purchase of service agreements with the Service
11 Boards. The provisions of general or special orders, rules or
12 regulations issued by the Illinois Commerce Commission
13 pursuant to Section 57 of "An Act concerning public
14 utilities", approved June 29, 1921, as amended, which pertain
15 to public transportation and public transportation facilities
16 of railroads will continue to apply until the Service Board
17 determines that different standards are necessary to protect
18 such health and safety.
19 (b) To the extent required by 49 CFR Part 659 as now or
20 hereafter amended, the Authority shall develop and adopt a
21 system safety program standard for the safety of rail fixed
22 guideway systems and the personal security of the systems'
23 passengers and employees and shall establish procedures for
24 safety and security reviews, investigations, and oversight
25 reporting. The Authority shall require the applicable Service
26 Boards to comply with the requirements of 49 CFR Part 659 as
27 now or hereafter amended. The Authority may contract for the
28 services of a qualified consultant to comply with this
29 subsection.
30 (c) The security portion of the system safety program,
31 investigation reports, surveys, schedules, lists, or data
32 compiled, collected, or prepared by or for the Authority
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1 under this subsection, shall not be subject to discovery or
2 admitted into evidence in federal or State court or
3 considered for other purposes in any civil action for damages
4 arising from any matter mentioned or addressed in such
5 reports, surveys, schedules, lists, data, or information.
6 (d) Neither the Authority nor its directors, officers,
7 or employees nor any Service Board subject to this Section
8 nor its directors, officers, or employees shall be held
9 liable in any civil action for any injury to any person or
10 property for any acts or omissions or failure to act under
11 this Section or pursuant to 49 CFR Part 659 as now or
12 hereafter amended.
13 (Source: P.A. 83-886.)
14 Section 65. The Illinois Vehicle Code is amended by
15 adding Section 15-308.1 as follows:
16 (625 ILCS 5/15-308.1 new)
17 Sec. 15-308.1. Fees for moving oversize or overweight
18 equipment to the site of rail derailments. Fees for permits
19 to move oversize or overweight equipment to the sites of
20 train derailments in emergencies shall include all equipment
21 otherwise eligible to obtain single trip permits under normal
22 situations. The permit shall be valid for a period of one
23 year and can be used at any time for movement to the site of
24 a train derailment during an emergency. The amount of the
25 fee shall be $500.
26 (70 ILCS 3615/4.01a rep.)
27 Section 70. The Regional Transportation Authority Act is
28 amended by repealing Section 4.01a.
29 Section 99. Effective date. This Act takes effect upon
30 becoming law.