093_SB1580
SRS093 00073 ARK 00073 b
1 AN ACT concerning transportation.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Regional Transportation Authority Act is
5 amended by changing Section 2.20 as follows:
6 (70 ILCS 3615/2.20) (from Ch. 111 2/3, par. 702.20)
7 Sec. 2.20. General Powers.
8 (a) Except as otherwise limited by this Act, the
9 Authority does shall also have all powers necessary to meet
10 its responsibilities and to carry out its purposes,
11 including, but not limited to, the following powers:
12 (i) To sue and be sued;
13 (ii) To invest any funds or any monies not required
14 for immediate use or disbursement, as provided in "An Act
15 relating to certain investments of public funds by public
16 agencies", approved July 23, 1943, as now or hereafter
17 amended;
18 (iii) To make, amend and repeal by-laws, rules and
19 regulations, and ordinances not inconsistent with this
20 Act;
21 (iv) To hold, sell, sell by installment contract,
22 lease as lessor, transfer or dispose of such real or
23 personal property as it deems appropriate in the exercise
24 of its powers or to provide for the use thereof by any
25 transportation agency and to mortgage, pledge or
26 otherwise grant security interests in any such property;
27 (v) To enter at reasonable times upon such lands,
28 waters or premises as in the judgment of the Authority
29 may be necessary, convenient or desirable for the purpose
30 of making surveys, soundings, borings and examinations to
31 accomplish any purpose authorized by this Act after
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1 having given reasonable notice of such proposed entry to
2 the owners and occupants of such lands, waters or
3 premises, the Authority being liable only for actual
4 damage caused by such activity;
5 (vi) To make and execute all contracts and other
6 instruments necessary or convenient to the exercise of
7 its powers;
8 (vii) To enter into contracts of group insurance
9 for the benefit of its employees and to provide for
10 retirement or pensions or other employee benefit
11 arrangements for such employees, and to assume
12 obligations for pensions or other employee benefit
13 arrangements for employees of transportation agencies,
14 all or part of the facilities of which are acquired by
15 the Authority;
16 (viii) To provide for the insurance of any
17 property, directors, officers, employees or operations of
18 the Authority against any risk or hazard, and to
19 self-insure or participate in joint self-insurance pools
20 or entities to insure against such risk or hazard;
21 (ix) To appear before the Illinois Commerce
22 Commission in all proceedings concerning the Authority, a
23 Service Board or any transportation agency; and
24 (x) To pass all ordinances and make all rules and
25 regulations proper or necessary to regulate the use,
26 operation and maintenance of its property and facilities
27 and, by ordinance, to prescribe fines or penalties for
28 violations thereof. No fine or penalty shall exceed
29 $1,000 per offense. Any ordinance providing for any fine
30 or penalty shall be published in a newspaper of general
31 circulation in the metropolitan region. No such ordinance
32 shall take effect until 10 days after its publication.
33 (xi) The Authority may enter into arbitration
34 arrangements, which may be final and binding.
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1 (xii) The Commuter Rail Board shall continue the
2 separate public corporation, known as the Northeast
3 Illinois Regional Commuter Railroad Corporation, as a
4 separate operating unit to operate on behalf of the
5 Commuter Rail Board commuter railroad facilities, subject
6 at all times to the supervision and direction of the
7 Commuter Rail Board and may, by ordinance, dissolve such
8 Corporation. Such Corporation shall be governed by a
9 Board of Directors which shall consist of the members of
10 the Transition Board until such time as all of the
11 members of the Commuter Rail Board are appointed and
12 qualified and thereafter the members of the Commuter Rail
13 Board. Such Corporation shall have all the powers given
14 the Authority and the Commuter Rail Board under Article
15 II of this Act (other than under Section 2.13) as are
16 delegated to it by ordinance of the Commuter Rail Board
17 with regard to such operation of facilities and the same
18 exemptions, restrictions and limitations as are provided
19 by law with regard to the Authority shall apply to such
20 Corporation. Such Corporation shall be a transportation
21 agency as provided in this Act except for purposes of
22 paragraph (e) of Section 3.01 of this Act.
23 (xiii) The Authority shall cooperate with the
24 Illinois Commerce Commission and local law enforcement
25 agencies in establishing a two year pilot program in
26 DuPage County to determine the effectiveness of an
27 automated railroad grade crossing enforcement system.
28 (b) In each case in which this Act gives the Authority
29 the power to construct or acquire real or personal property,
30 the Authority shall have the power to acquire such property
31 by contract, purchase, gift, grant, exchange for other
32 property or rights in property, lease (or sublease) or
33 installment or conditional purchase contracts, which leases
34 or contracts may provide for consideration therefor to be
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1 paid in annual installments during a period not exceeding 40
2 years. Property may be acquired subject to such conditions,
3 restrictions, liens, or security or other interests of other
4 parties as the Authority may deem appropriate, and in each
5 case the Authority may acquire a joint, leasehold, easement,
6 license or other partial interest in such property. Any such
7 acquisition may provide for the assumption of, or agreement
8 to pay, perform or discharge outstanding or continuing
9 duties, obligations or liabilities of the seller, lessor,
10 donor or other transferor of or of the trustee with regard to
11 such property. In connection with the acquisition of public
12 transportation equipment, including, but not limited to,
13 rolling stock, vehicles, locomotives, buses or rapid transit
14 equipment, the Authority may also execute agreements
15 concerning such equipment leases, equipment trust
16 certificates, conditional purchase agreements and such other
17 security agreements and may make such agreements and
18 covenants as required, in the form customarily used in such
19 cases appropriate to effect such acquisition. Obligations of
20 the Authority incurred pursuant to this Section shall not be
21 considered bonds or notes within the meaning of Section 4.04
22 of this Act.
23 (c) The Authority shall assume all costs of rights,
24 benefits and protective conditions to which any employee is
25 entitled under this Act from any transportation agency in the
26 event of the inability of the transportation agency to meet
27 its obligations in relation thereto due to bankruptcy or
28 insolvency, provided that the Authority shall retain the
29 right to proceed against the bankrupt or insolvent
30 transportation agency or its successors, trustees, assigns or
31 debtors for the costs assumed. The Authority may mitigate its
32 liability under this paragraph (c) and under Section 2.16 to
33 the extent of employment and employment benefits which it
34 tenders.
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1 (Source: P.A. 89-454, eff. 5-17-96.)