(45 ILCS 111/1)

Sec. 1.

Short title.

This Act may be cited as the

Bi‑State Transit Safety Act.

(Source: P.A. 90‑273, eff. 7‑30‑97; re‑enacted by P.A. 92‑788, eff. 8‑6‑02.)

(45 ILCS 111/10)

Sec. 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 St. Clair County Transit District 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 St. Clair County Transit District within a period of time specified by the District 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 St. Clair County Transit District 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".

(Source: P.A. 92‑281, eff. 8‑7‑01; re‑enacted by P.A. 92‑788, eff. 8‑6‑02.)

(45 ILCS 111/15)

Sec. 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 St. Clair County Transit District 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.

(Source: P.A. 92‑281, eff. 8‑7‑01; re‑enacted by P.A. 92‑788, eff. 8‑6‑02.)

(45 ILCS 111/20)

Sec. 20.

Right to contract for safety consultation.

The St. Clair County Transit District may contract for safety consultation under the St. Clair County District's duties created by this Act. The St. Clair County District may assess the Bi‑State Development Agency for its expenses in administering the Act.

(Source: P.A. 92‑281, eff. 8‑7‑01; re‑enacted and renumbered by P.A. 92‑788, eff. 8‑6‑02.)

(45 ILCS 111/25)

Sec. 25.

Jurisdiction.

The jurisdiction of the St. Clair County Transit District under this Act shall be exclusive, except to the extent that its jurisdiction is preempted by federal statute, regulation, or order.

(Source: P.A. 92‑281, eff. 8‑7‑01; re‑enacted and renumbered by P.A. 92‑788, eff. 8‑6‑02.)

(45 ILCS 111/30)

Sec. 30.

(Repealed).

(Source: P.A. 92‑281, eff. 8‑7‑01. Repealed by Sec. 31, eff. 7‑1‑01.)

(45 ILCS 111/31)

Sec. 31.

(Repealed).

(Source: P.A. 90‑273, eff. 7‑30‑97. Repealed internally, eff. 7‑1‑01, and by P.A. 92‑281, eff. 8‑7‑01.)

(45 ILCS 111/5)

Sec. 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 for 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.

(Source: P.A. 90‑273, eff. 7‑30‑97; re‑enacted by P.A. 92‑788, eff. 8‑6‑02.)

(45 ILCS 111/50)

Sec. 50.

(Amendatory provisions; text omitted).

(Source: P.A. 90‑273, eff. 7‑30‑97; text omitted. Repealed by Sec. 31, eff. 7‑1‑01.)

(45 ILCS 111/55)

Sec. 55.

(Amendatory provisions; text omitted).

(Source: P.A. 90‑273, eff. 7‑30‑97; text omitted. Repealed by Sec. 31, eff. 7‑1‑01.)

(45 ILCS 111/60)

Sec. 60.

(Amendatory provisions; text omitted).

(Source: P.A. 90‑273, eff. 7‑30‑97; text omitted. Repealed by Sec. 31, eff. 7‑1‑01.)

(45 ILCS 111/65)

Sec. 65.

(Amendatory provisions; text omitted).

(Source: P.A. 90‑273, eff. 7‑30‑97; text omitted. Repealed by Sec. 31, eff. 7‑1‑01.)

(45 ILCS 111/70)

Sec. 70.

(Repealed).

(Source: P.A. 90‑273, eff. 7‑30‑97. Repealed by Sec. 31, eff. 7‑1‑01.)

(45 ILCS 111/99)

Sec. 99.

Effective date.

This Act takes effect upon becoming law.

(Source: P.A. 90‑273, eff. 7‑30‑97; re‑enacted by P.A. 92‑788, eff. 8‑6‑02.)