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| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB1254 Introduced 2/8/2011, by Sen. Martin A. Sandoval SYNOPSIS AS INTRODUCED: | | 70 ILCS 3615/2.20 | from Ch. 111 2/3, par. 702.20 |
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Amends the Regional Transportation Authority Act. Makes a technical change in
a Section concerning the general powers of the Authority.
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| | A BILL FOR |
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1 | | AN ACT concerning local government.
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2 | | Be it enacted by the People of the State of Illinois, |
3 | | represented in the General Assembly:
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4 | | Section 5. The Regional Transportation Authority Act is |
5 | | amended by changing Section 2.20 as follows:
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6 | | (70 ILCS 3615/2.20) (from Ch. 111 2/3, par. 702.20)
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7 | | Sec. 2.20. General Powers.
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8 | | (a) Except as otherwise limited by this Act,
the
the |
9 | | Authority shall
also have all powers necessary to meet its |
10 | | responsibilities and to carry
out its purposes, including, but |
11 | | not limited to, the following powers:
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12 | | (i) To sue and be sued;
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13 | | (ii) To invest any funds or any monies not required for |
14 | | 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;
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18 | | (iii) To make, amend and repeal by-laws, rules and |
19 | | regulations, and
ordinances not inconsistent with this |
20 | | Act;
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21 | | (iv) To hold, sell, sell by installment contract, lease |
22 | | as lessor,
transfer or dispose of such real or personal |
23 | | property as it deems
appropriate in the exercise of its |
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1 | | powers or to provide for the use
thereof by any |
2 | | transportation agency and to mortgage, pledge or
otherwise |
3 | | grant security interests in any such property;
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4 | | (v) To enter at reasonable times upon such lands, |
5 | | waters or premises
as in the judgment of the Authority may |
6 | | be necessary, convenient or
desirable for the purpose of |
7 | | making surveys, soundings, borings and
examinations to |
8 | | accomplish any purpose authorized by this Act after
having |
9 | | given reasonable notice of such proposed entry to the |
10 | | owners and
occupants of such lands, waters or premises, the |
11 | | Authority being liable
only for actual damage caused by |
12 | | such activity;
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13 | | (vi) To make and execute all contracts and other |
14 | | instruments
necessary or convenient to the exercise of its |
15 | | powers;
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16 | | (vii) To enter into contracts of group insurance for |
17 | | the benefit of
its employees and to provide for retirement |
18 | | or pensions or other
employee benefit arrangements for such |
19 | | employees, and to assume
obligations for pensions or other |
20 | | employee benefit arrangements for
employees of |
21 | | transportation agencies, all or part of the facilities of
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22 | | which are acquired by the Authority;
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23 | | (viii) To provide for the insurance of any property, |
24 | | directors,
officers, employees or operations of
the |
25 | | Authority against any risk or hazard, and to self-insure or |
26 | | participate
in joint self-insurance pools or entities to |
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1 | | insure against such risk or
hazard;
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2 | | (ix) To appear before the Illinois Commerce Commission |
3 | | in all
proceedings concerning the Authority, a Service |
4 | | Board or any transportation
agency; and
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5 | | (x) To pass all ordinances and make all rules and |
6 | | regulations proper
or necessary to regulate the use, |
7 | | operation and maintenance of its
property and facilities |
8 | | and, by ordinance, to prescribe fines or
penalties for |
9 | | violations thereof. No fine or penalty shall exceed $1,000
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10 | | per offense. Any ordinance providing for any fine or |
11 | | penalty shall be
published in a newspaper of general |
12 | | circulation in the metropolitan
region. No such ordinance |
13 | | shall take effect until 10 days after its
publication.
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14 | | (xi) The Authority may enter into arbitration |
15 | | arrangements, which
may be final and binding.
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16 | | (xii) The Commuter Rail
Board shall continue the separate |
17 | | public corporation, known as the
Northeast Illinois Regional |
18 | | Commuter Railroad Corporation, as a
separate operating unit to |
19 | | operate on behalf of the Commuter Rail Board
commuter
railroad |
20 | | facilities, subject at all times to the supervision and
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21 | | direction of the Commuter Rail Board and may, by ordinance,
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22 | | dissolve such
Corporation. Such Corporation shall be governed |
23 | | by a Board of Directors
which shall consist of the members of |
24 | | the Transition Board until such
time as all of the members of |
25 | | the Commuter Rail Board are appointed and
qualified and |
26 | | thereafter the members of the Commuter Rail Board. Such
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1 | | Corporation shall have all the powers given the Authority and |
2 | | the Commuter
Rail Board under Article
II of this Act (other |
3 | | than under Section 2.13) as are delegated to it by
ordinance of |
4 | | the Commuter Rail Board with regard
to such operation of
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5 | | facilities and the same exemptions, restrictions and |
6 | | limitations as are
provided by law with regard to the Authority |
7 | | shall apply to such
Corporation. Such Corporation shall be a |
8 | | transportation agency as
provided in this Act except for |
9 | | purposes of paragraph (e) of Section
3.01 of this Act.
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10 | | (xiii) The Authority shall cooperate with the
Illinois |
11 | | Commerce Commission and local law enforcement agencies in |
12 | | establishing
a two year pilot program in DuPage County to |
13 | | determine the effectiveness of an
automated
railroad grade |
14 | | crossing enforcement system.
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15 | | (b) In each case in which this Act gives the Authority the |
16 | | power to
construct or acquire real or personal property, the |
17 | | Authority shall have
the power to acquire such property by |
18 | | contract, purchase, gift, grant,
exchange for other property or |
19 | | rights in property, lease (or sublease)
or installment or |
20 | | conditional purchase contracts, which leases or
contracts may |
21 | | provide for consideration therefor to be paid in annual
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22 | | installments during a period not exceeding 40 years. Property |
23 | | may be
acquired subject to such conditions, restrictions, |
24 | | liens, or security or
other interests of other parties as the |
25 | | Authority may deem appropriate,
and in each case the Authority |
26 | | may acquire a joint, leasehold, easement,
license or other |
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1 | | partial interest in such property. Any such acquisition
may |
2 | | provide for the assumption of, or agreement to pay, perform or
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3 | | discharge outstanding or continuing duties, obligations or |
4 | | liabilities
of the seller, lessor, donor or other transferor of |
5 | | or of the trustee
with regard to such property. In connection |
6 | | with the acquisition of
public transportation equipment, |
7 | | including, but not limited to, rolling
stock, vehicles, |
8 | | locomotives, buses or rapid transit equipment, the
Authority |
9 | | may also execute agreements concerning such equipment leases,
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10 | | equipment trust certificates, conditional purchase agreements |
11 | | and such
other security agreements and may make such agreements |
12 | | and covenants as
required, in the form customarily used in such |
13 | | cases appropriate to
effect such acquisition. Obligations of |
14 | | the Authority incurred pursuant
to this Section shall not be |
15 | | considered bonds or notes within the
meaning of Section 4.04 of |
16 | | this Act.
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17 | | (c) The Authority shall assume all costs of rights, |
18 | | benefits and
protective conditions to which any employee is |
19 | | entitled under this Act
from any transportation agency in the |
20 | | event of the inability of the
transportation agency to meet its |
21 | | obligations in relation thereto due to
bankruptcy or |
22 | | insolvency, provided that the Authority shall retain the
right |
23 | | to proceed against the bankrupt or insolvent transportation |
24 | | agency
or its successors, trustees, assigns or debtors for the |
25 | | costs assumed.
The Authority may mitigate its liability under |
26 | | this paragraph (c) and
under Section 2.16 to the extent of |