Public Act 90-0273 of the 90th General Assembly
Public Act 90-0273
SB800 Enrolled LRB9001375KDksC
AN ACT in relation to transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Bi-State Transit Safety Act.
Section 5. Definitions. As used in this Act:
"Accident" means any event involving the revenue service
operation of a rail fixed guideway system if as a result:
(1) an individual dies;
(2) an individual suffers bodily injury and
immediately receives medical treatment away from the
scene of the accident; or
(3) a collision, derailment, or fire causes
property damage in excess of $100,000.
"APTA Guidelines" means the American Public Transit
Association's "Manual for the Development of Rail Transit
System Safety Program Plans", published on August 20, 1991.
"FTA" means the Federal Transit Administration, an agency
within the U.S. Department of Transportation.
"Hazardous condition" means a condition that may endanger
human life or property. It includes unacceptable hazardous
conditions.
"Investigation" means a process to determine the probable
cause of an accident or an unacceptable hazardous condition;
it may involve no more than a review and approval of the
transit agency's determination of the probable cause of an
accident or unacceptable hazardous condition.
"Rail fixed guideway system" means any light, heavy, or
rapid rail system, monorail, inclined plane, funicular,
trolley, or automated guideway that is:
(1) included in FTA's calculation or fixed guideway
route miles or receives funding under FTA's formula
program for urbanized areas; and
(2) not regulated by the Federal Railroad
Administration.
"Revenue service operation" means an operation outside of
a rail yard.
"System safety program plan" means a document adopted by
the transit agency detailing its safety policies, objectives,
responsibilities, and procedures.
"System safety program standard" means the standard
developed and adopted by the State oversight agency which, at
a minimum, complies with the APTA Guidelines, requires the
immediate notification of appropriate Illinois emergency
service agencies in the event of an accident in Illinois, and
which addresses personal security.
"Transit agency" means an entity operating a rail fixed
guideway system.
"Unacceptable hazardous condition" means a hazardous
condition determined to be an unacceptable hazardous
condition using the APTA Guidelines' Hazard Resolution
Matrix.
Section 10. Powers. In further effectuation of the
Bi-State Development Compact Act creating the Bi-State
Development Agency, the State of Illinois hereby authorizes
the State of Missouri to exercise the following powers:
(1) To regulate the safety of rail fixed guideway
systems and the personal security of the passengers and
employees of the Bi-State Development Agency located and
operated within the boundaries of the State of Illinois,
in a manner consistent with "Rail Fixed Guideway Systems;
State Safety Oversight", 49 CFR Part 659.
(2) To develop, adopt, and implement a system
safety program standard meeting the compliance
requirements prescribed in Sections 659.31 and 659.33 of
"Rail Fixed Guideway Systems; State Safety Oversight".
(3) To require the Bi-State Development Agency to
report accidents and unacceptable hazardous conditions to
the State of Missouri within a period of time specified
by the State of Missouri as required by Section 659.39 of
"Rail Fixed Guideway Systems; State Safety Oversight".
(4) To establish procedures to investigate
accidents and unacceptable hazardous conditions as
required by Section 659.41 of "Rail Fixed Guideway
Systems; State Safety Oversight".
(5) To direct the Bi-State Development Agency to
minimize, control, correct, or eliminate any investigated
hazardous condition within a period of time specified by
the State of Missouri as required by Section 659.43 of
"Rail Fixed Guideway Systems; State Safety Oversight".
(6) To perform all other necessary and incidental
functions related to its effectuation of this Act and as
mandated by "Rail Fixed Guideway Systems; State Safety
Oversight". The powers and obligations given to the State
of Missouri shall also include mandatory notification to
the Illinois Department of Transportation of the adoption
of standards and plans, completion of investigations,
reports, audits, and recommendations given pursuant to
this Act and copies of such standards and plans,
investigations, reports and audits and recommendations to
the Illinois Department of Transportation, upon request.
Section 15. Confidentiality of investigation reports.
The security portion of the system safety program plan,
investigation reports, surveys, schedules, lists, or data
compiled, collected, or prepared by the Bi-State Development
Agency or the State of Missouri under this Act, 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 plan, reports, surveys, schedules, lists,
or data.
Section 20. Liability. Neither the State of Missouri
nor employees or agents thereof nor the Bi-State Development
Agency nor its commissioners, officers, or employees, shall
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 Act or "Rail Fixed Guideway Systems; State
Safety Oversight".
Section 25. Right to contract for safety consultation.
The State of Missouri may contract with the Bi-State
Development Agency for safety consultation under the State of
Missouri's duties created by this Act. The State of Missouri
may assess the Bi-State Development Agency for its expenses
in administering the Act.
Section 30. Jurisdiction. The jurisdiction of the State
of Missouri under this Act shall be exclusive, except to the
extent that its jurisdiction is preempted by federal statute,
regulation, or order.
Section 31. Repealer. This Act is repealed on July 1,
2001.
Section 50. The Freedom of Information Act is amended by
changing Section 7 as follows:
(5 ILCS 140/7) (from Ch. 116, par. 207)
Sec. 7. Exemptions.
(1) The following shall be exempt from inspection and
copying:
(a) Information specifically prohibited from
disclosure by federal or State law or rules and
regulations adopted under federal or State law.
(b) Information that, if disclosed, would
constitute a clearly unwarranted invasion of personal
privacy, unless the disclosure is consented to in writing
by the individual subjects of the information. The
disclosure of information that bears on the public duties
of public employees and officials shall not be considered
an invasion of personal privacy. Information exempted
under this subsection (b) shall include but is not
limited to:
(i) files and personal information maintained
with respect to clients, patients, residents,
students or other individuals receiving social,
medical, educational, vocational, financial,
supervisory or custodial care or services directly
or indirectly from federal agencies or public
bodies;
(ii) personnel files and personal information
maintained with respect to employees, appointees or
elected officials of any public body or applicants
for those positions;
(iii) files and personal information
maintained with respect to any applicant, registrant
or licensee by any public body cooperating with or
engaged in professional or occupational
registration, licensure or discipline;
(iv) information required of any taxpayer in
connection with the assessment or collection of any
tax unless disclosure is otherwise required by State
statute; and
(v) information revealing the identity of
persons who file complaints with or provide
information to administrative, investigative, law
enforcement or penal agencies; provided, however,
that identification of witnesses to traffic
accidents, traffic accident reports, and rescue
reports may be provided by agencies of local
government, except in a case for which a criminal
investigation is ongoing, without constituting a
clearly unwarranted per se invasion of personal
privacy under this subsection.
(c) Records compiled by any public body for
administrative enforcement proceedings and any law
enforcement or correctional agency for law enforcement
purposes or for internal matters of a public body, but
only to the extent that disclosure would:
(i) interfere with pending or actually and
reasonably contemplated law enforcement proceedings
conducted by any law enforcement or correctional
agency;
(ii) interfere with pending administrative
enforcement proceedings conducted by any public
body;
(iii) deprive a person of a fair trial or an
impartial hearing;
(iv) unavoidably disclose the identity of a
confidential source or confidential information
furnished only by the confidential source;
(v) disclose unique or specialized
investigative techniques other than those generally
used and known or disclose internal documents of
correctional agencies related to detection,
observation or investigation of incidents of crime
or misconduct;
(vi) constitute an invasion of personal
privacy under subsection (b) of this Section;
(vii) endanger the life or physical safety of
law enforcement personnel or any other person; or
(viii) obstruct an ongoing criminal
investigation.
(d) Criminal history record information maintained
by State or local criminal justice agencies, except the
following which shall be open for public inspection and
copying:
(i) chronologically maintained arrest
information, such as traditional arrest logs or
blotters;
(ii) the name of a person in the custody of a
law enforcement agency and the charges for which
that person is being held;
(iii) court records that are public;
(iv) records that are otherwise available
under State or local law; or
(v) records in which the requesting party is
the individual identified, except as provided under
part (vii) of paragraph (c) of subsection (1) of
this Section.
"Criminal history record information" means data
identifiable to an individual and consisting of
descriptions or notations of arrests, detentions,
indictments, informations, pre-trial proceedings, trials,
or other formal events in the criminal justice system or
descriptions or notations of criminal charges (including
criminal violations of local municipal ordinances) and
the nature of any disposition arising therefrom,
including sentencing, court or correctional supervision,
rehabilitation and release. The term does not apply to
statistical records and reports in which individuals are
not identified and from which their identities are not
ascertainable, or to information that is for criminal
investigative or intelligence purposes.
(e) Records that relate to or affect the security
of correctional institutions and detention facilities.
(f) Preliminary drafts, notes, recommendations,
memoranda and other records in which opinions are
expressed, or policies or actions are formulated, except
that a specific record or relevant portion of a record
shall not be exempt when the record is publicly cited and
identified by the head of the public body. The exemption
provided in this paragraph (f) extends to all those
records of officers and agencies of the General Assembly
that pertain to the preparation of legislative documents.
(g) Trade secrets and commercial or financial
information obtained from a person or business where the
trade secrets or information are proprietary, privileged
or confidential, or where disclosure of the trade secrets
or information may cause competitive harm, including all
information determined to be confidential under Section
4002 of the Technology Advancement and Development Act.
Nothing contained in this paragraph (g) shall be
construed to prevent a person or business from consenting
to disclosure.
(h) Proposals and bids for any contract, grant, or
agreement, including information which if it were
disclosed would frustrate procurement or give an
advantage to any person proposing to enter into a
contractor agreement with the body, until an award or
final selection is made. Information prepared by or for
the body in preparation of a bid solicitation shall be
exempt until an award or final selection is made.
(i) Valuable formulae, designs, drawings and
research data obtained or produced by any public body
when disclosure could reasonably be expected to produce
private gain or public loss.
(j) Test questions, scoring keys and other
examination data used to administer an academic
examination or determined the qualifications of an
applicant for a license or employment.
(k) Architects' plans and engineers' technical
submissions for projects not constructed or developed in
whole or in part with public funds and for projects
constructed or developed with public funds, to the extent
that disclosure would compromise security.
(l) Library circulation and order records
identifying library users with specific materials.
(m) Minutes of meetings of public bodies closed to
the public as provided in the Open Meetings Act until the
public body makes the minutes available to the public
under Section 2.06 of the Open Meetings Act.
(n) Communications between a public body and an
attorney or auditor representing the public body that
would not be subject to discovery in litigation, and
materials prepared or compiled by or for a public body in
anticipation of a criminal, civil or administrative
proceeding upon the request of an attorney advising the
public body, and materials prepared or compiled with
respect to internal audits of public bodies.
(o) Information received by a primary or secondary
school, college or university under its procedures for
the evaluation of faculty members by their academic
peers.
(p) Administrative or technical information
associated with automated data processing operations,
including but not limited to software, operating
protocols, computer program abstracts, file layouts,
source listings, object modules, load modules, user
guides, documentation pertaining to all logical and
physical design of computerized systems, employee
manuals, and any other information that, if disclosed,
would jeopardize the security of the system or its data
or the security of materials exempt under this Section.
(q) Documents or materials relating to collective
negotiating matters between public bodies and their
employees or representatives, except that any final
contract or agreement shall be subject to inspection and
copying.
(r) Drafts, notes, recommendations and memoranda
pertaining to the financing and marketing transactions of
the public body. The records of ownership, registration,
transfer, and exchange of municipal debt obligations, and
of persons to whom payment with respect to these
obligations is made.
(s) The records, documents and information relating
to real estate purchase negotiations until those
negotiations have been completed or otherwise terminated.
With regard to a parcel involved in a pending or actually
and reasonably contemplated eminent domain proceeding
under Article VII of the Code of Civil Procedure,
records, documents and information relating to that
parcel shall be exempt except as may be allowed under
discovery rules adopted by the Illinois Supreme Court.
The records, documents and information relating to a real
estate sale shall be exempt until a sale is consummated.
(t) Any and all proprietary information and records
related to the operation of an intergovernmental risk
management association or self-insurance pool or jointly
self-administered health and accident cooperative or
pool.
(u) Information concerning a university's
adjudication of student or employee grievance or
disciplinary cases, to the extent that disclosure would
reveal the identity of the student or employee and
information concerning any public body's adjudication of
student or employee grievances or disciplinary cases,
except for the final outcome of the cases.
(v) Course materials or research materials used by
faculty members.
(w) Information related solely to the internal
personnel rules and practices of a public body.
(x) Information contained in or related to
examination, operating, or condition reports prepared by,
on behalf of, or for the use of a public body responsible
for the regulation or supervision of financial
institutions or insurance companies, unless disclosure is
otherwise required by State law.
(y) Information the disclosure of which is
restricted under Section 5-108 of the Public Utilities
Act.
(z) Manuals or instruction to staff that relate to
establishment or collection of liability for any State
tax or that relate to investigations by a public body to
determine violation of any criminal law.
(aa) Applications, related documents, and medical
records received by the Experimental Organ
Transplantation Procedures Board and any and all
documents or other records prepared by the Experimental
Organ Transplantation Procedures Board or its staff
relating to applications it has received.
(bb) Insurance or self insurance (including any
intergovernmental risk management association or self
insurance pool) claims, loss or risk management
information, records, data, advice or communications.
(cc) Information and records held by the Department
of Public Health and its authorized representatives
relating to known or suspected cases of sexually
transmissible disease or any information the disclosure
of which is restricted under the Illinois Sexually
Transmissible Disease Control Act.
(dd) Information the disclosure of which is
exempted under Section 7 of the Radon Mitigation Act.
(ee) Firm performance evaluations under Section 55
of the Architectural, Engineering, and Land Surveying
Qualifications Based Selection Act.
(ff) Security portions of system safety program
plans, investigation reports, surveys, schedules, lists,
data, or information compiled, collected, or prepared by
or for the Regional Transportation Authority under
Section 2.11 of the Regional Transportation Authority Act
or the State of Missouri under the Bi-State Transit
Safety Act.
(2) This Section does not authorize withholding of
information or limit the availability of records to the
public, except as stated in this Section or otherwise
provided in this Act.
(Source: P.A. 87-241; 87-673; 87-895; 88-444.)
Section 55. The Metropolitan Transit Authority Act is
amended by changing Sections 9a, 9b, and 27a as follows:
(70 ILCS 3605/9a) (from Ch. 111 2/3, par. 309a)
Sec. 9a. In addition to all its other powers, the
Authority shall, in all its dealings with the Regional
Transportation Authority established by the "Regional
Transportation Authority Act", enacted by the 78th General
Assembly, have the following powers:
(a) to cooperate with the Regional Transportation
Authority in the exercise by the Regional Transportation
Authority of all the powers granted it by such Act;
(b) to receive funds from the Regional Transportation
Authority pursuant to Sections 2.02, 4.01, 4.02, 4.09 and
4.10 of the "Regional Transportation Authority Act", all as
provided in the "Regional Transportation Authority Act";
(c) to receive financial grants from the Regional
Transportation Authority or a Service Board, as defined in
the "Regional Transportation Authority Act", upon such terms
and conditions as shall be set forth in a grant contract
between either the Authority and the Regional Transportation
Authority or the Authority and another Service Board, which
contract or agreement may be for such number of years or
duration as the parties may agree, all as provided in the
"Regional Transportation Authority Act";
(d) to acquire from the Regional Transportation
Authority any Public Transportation Facility, as defined in
the "Regional Transportation Authority Act", by purchase
contract, gift, grant, exchange for other property or rights
in property, lease (or sublease) or installment or
conditional purchase contracts, which contracts or leases may
provide for consideration to be paid in annual installments
during a period not exceeding 40 years; such property may be
acquired subject to such conditions, restrictions, liens or
security or other interests of other parties as the Authority
may deem appropriate and in each case the Authority may
acquire or dispose of a joint, leasehold, easement, license
or other partial interest in such property;
(e) to sell, sell by installment contract, lease (or
sublease) as lessor, or transfer to, or grant to or provide
for the use by the Regional Transportation Authority any
Public Transportation Facility, as defined in the "Regional
Transportation Authority Act", upon such terms and for such
consideration, or for no consideration, as the Authority may
deem proper;
(f) to cooperate with the Regional Transportation
Authority for the protection of employees of the Authority
and users of public transportation facilities against crime
and unsafe conditions and also to protect such facilities;
such cooperation may include, without limitation, agreements
for the coordination or merger of police or security forces;
(g) to file such budgets, financial plans and reports
with and transfer such records, papers or documents to the
Regional Transportation Authority as may be agreed upon with,
or required by the Regional Transportation Authority, all as
provided in the "Regional Transportation Authority Act".
(Source: P.A. 83-1362.)
(70 ILCS 3605/9b) (from Ch. 111 2/3, par. 309b)
Sec. 9b. The Authority shall comply with the requirements
imposed upon a Service Board in Sections 4.09(d) and 4.11 of
the Regional Transportation Authority Act and with the
requirements of subsection (b) of Section 2.11 of the
Regional Transportation Authority Act. The Authority shall
present evidence that it has complied with Section 27a of
this Act to the Regional Transportation Authority Oversight
Board created by Section 4.01a of the Regional Transportation
Authority Act, as amended.
(Source: P.A. 86-463.)
(70 ILCS 3605/27a) (from Ch. 111 2/3, par. 327a)
Sec. 27a. In addition to annually expending moneys equal
to moneys expended by the Authority in the fiscal year ending
December 31, 1988 for the protection against crime of its
properties, employees and consumers of its public
transportation services, the Authority also shall annually
expend for the protection against crime of its employees and
consumers, an amount that is equal to not less than 15
percent of all direct grants it receives from the State of
Illinois as reimbursement for providing reduced fares for
mass transportation services to students, handicapped persons
and the elderly. The Authority shall provide to the Regional
Transportation Authority Oversight Board established pursuant
to Section 4.01a of the Regional Transportation Authority
Act, as amended, such information as is required by the
Regional Transportation Authority Oversight Board in
determining whether the Authority has expended moneys in
compliance with the provisions of this Section and with
respect to any studies and hearings that the Oversight Board
may conduct on the matter of the protection of employees of
the Chicago Transit Authority and consumers of public
transportation services provided by the Chicago Transit
Authority against crime. The provisions of this Section shall
apply in any fiscal year of the Authority only after all debt
service requirements are met for that fiscal year.
(Source: P.A. 86-463.)
Section 60. 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 49 CFR Part 659 as now or
hereafter amended, the Authority shall develop and adopt a
system safety program standard for the safety of rail fixed
guideway systems and the personal security of the systems'
passengers and employees and shall establish procedures for
safety and security reviews, investigations, and oversight
reporting. The Authority shall require the applicable Service
Boards to comply with the requirements of 49 CFR Part 659 as
now or hereafter amended. The 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 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) Neither the Authority nor its directors, officers,
or employees nor any Service Board subject to this Section
nor its directors, officers, or employees shall 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 49 CFR Part 659 as now or
hereafter amended.
(Source: P.A. 83-886.)
Section 65. The Illinois Vehicle Code is amended by
adding Section 15-308.1 as follows:
(625 ILCS 5/15-308.1 new)
Sec. 15-308.1. Fees for moving oversize or overweight
equipment to the site of rail derailments. Fees for permits
to move oversize or overweight equipment to the sites of
train derailments shall include all equipment otherwise
eligible to obtain single trip permits under normal
situations. The permit shall be valid for a period of one
year and can be used at any time for movement to the site of
a train derailment during an emergency. The amount of the
fee shall be $500.
(70 ILCS 3615/4.01a rep.)
Section 70. The Regional Transportation Authority Act is
amended by repealing Section 4.01a.
Section 99. Effective date. This Act takes effect upon
becoming law.