Full Text of SB3548 98th General Assembly
SB3548sam001 98TH GENERAL ASSEMBLY | Sen. Don Harmon Filed: 4/4/2014
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| 1 | | AMENDMENT TO SENATE BILL 3548
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3548 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Elmwood Park Grade Separation Authority Act | 5 | | is amended by changing Sections 5, 15, 20, 35, 50, and 100 as | 6 | | follows: | 7 | | (70 ILCS 1935/5)
| 8 | | Sec. 5. Definitions. As used in this Act: | 9 | | "Authority" means the Elmwood Park Grade Separation | 10 | | Authority.
| 11 | | "Person" includes an individual, partnership, firm, public | 12 | | or private corporation, and government or unit of government. | 13 | | "Railroad" or "Railroads" means the Northeast Illinois | 14 | | Regional Commuter Railroad Corporation, created under | 15 | | subsection (a) of Section 2.20 of the Regional Transportation | 16 | | Authority Act, Canadian Pacific Railway and other railroads |
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| 1 | | operating or owning trackage or right-of-way within the area of | 2 | | the Authority. | 3 | | "Village" means the Village of Elmwood Park.
| 4 | | (Source: P.A. 98-564, eff. 8-27-13.) | 5 | | (70 ILCS 1935/15)
| 6 | | Sec. 15. Creation; duration; termination of the Authority. | 7 | | There is created a body politic and corporate, a unit of local | 8 | | government, named the Elmwood Park Grade Separation Authority | 9 | | that embraces that portion of Leyden Township within the | 10 | | Village of Elmwood Park, Cook County, Illinois. The Authority | 11 | | shall continue in existence until the accomplishment of its | 12 | | objectives or until the Authority officials resolve that it is | 13 | | impossible or economically unfeasible to fulfill its | 14 | | objectives. Objectives of the Authority include the grade | 15 | | separation of railroad tracks from the right-of-way of Grand | 16 | | Avenue in the Village of Elmwood Park, the relocation of | 17 | | railroad tracks and roadway to facilitate the grade separation, | 18 | | and other necessary, related improvements to the right-of-way | 19 | | and at-grade crossing closure within the Village of Elmwood | 20 | | Park. The Authority shall be dissolved upon its voluntary | 21 | | termination or 6 months after the first use of the railway on | 22 | | the grade separation structure by a Railroad . Upon termination | 23 | | or dissolution of the Authority after the construction of the | 24 | | grade separation project, the Department of Transportation | 25 | | shall own and maintain the grade separation structure and the |
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| 1 | | Northeast Illinois Regional Commuter Railroad Corporation | 2 | | Canadian Pacific Railway Company shall own and maintain the | 3 | | railway along the grade separation structure.
| 4 | | (Source: P.A. 98-564, eff. 8-27-13.) | 5 | | (70 ILCS 1935/20)
| 6 | | Sec. 20. Procedural capacity; seal; office. The Authority | 7 | | may sue and be sued in its corporate name, but execution shall | 8 | | not in any case issue against any property of the Authority. | 9 | | The grade separation project Authority shall be subject to the | 10 | | jurisdiction of the Illinois Commerce Commission. It may adopt | 11 | | a common seal and change the seal at pleasure. The principal | 12 | | office of the Authority shall be in the Village of Elmwood | 13 | | Park, Illinois. | 14 | | The Authority may enter into contracts for the performance | 15 | | of its objectives, including agreements with other State | 16 | | entities and departments, as well as provide for the letting of | 17 | | construction contracts, consultant service agreements, | 18 | | professional and trade services, and other agreements | 19 | | consistent with the purposes and objectives of the Authority | 20 | | established by this Act. The Authority may accept | 21 | | jurisdictional transfer of public right-of-way for purposes of | 22 | | eliminating at-grade street and railroad crossings.
| 23 | | (Source: P.A. 98-564, eff. 8-27-13.) | 24 | | (70 ILCS 1935/35)
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| 1 | | Sec. 35. Acceptance of grants, loans, and appropriations. | 2 | | The Authority has the power to apply for and accept grants, | 3 | | loans, advances, and appropriations from the federal | 4 | | government and from the State of Illinois, or any agency or | 5 | | instrumentality thereof, to be used for the purposes of the | 6 | | Authority, and to enter into any agreement in relation to such | 7 | | grants, loans, advances, and appropriations. The Authority may | 8 | | also accept from the State, or any State agency, department, or | 9 | | commission, any county or other political subdivision, any | 10 | | municipal corporation, any Railroads, school authorities, or | 11 | | jointly therefrom, grants of funds or services for any of the | 12 | | purposes of this Act. The Authority shall be treated as a rail | 13 | | carrier , with only the grade separation project being subject | 14 | | to the Illinois Commerce Commission's jurisdiction , and | 15 | | eligible to receive money from the Grade Crossing Protection | 16 | | Fund, any fund of the State, or other source available for | 17 | | purposes of promoting safety and separation of at-grade | 18 | | railroad crossings or highway improvements. | 19 | | The Illinois Commerce Commission Crossing Safety | 20 | | Improvement Program FY 2014-2018 Plan shall be revised to | 21 | | include this Authority's grade separation project as one of the | 22 | | bridge projects contemplated for FY 2015 through FY 2018, and | 23 | | funds from the Grade Crossing Protection Fund shall be | 24 | | allocated in the FY 2015 through FY 2018 Plan for said grade | 25 | | separation project. No Order of the Illinois Commerce | 26 | | Commission shall be effective or binding on the Authority to |
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| 1 | | construct the grade separation project unless the federal | 2 | | government, the State of Illinois, or any agency or | 3 | | instrumentality thereof has granted or appropriated sufficient | 4 | | funds for the construction of the grade separation project and | 5 | | the Authority is in receipt of those funds. Notwithstanding, | 6 | | the Illinois Commerce Commission shall not withhold approval of | 7 | | the construction of the Authority's grade separation project or | 8 | | the issuance of any Orders that authorize the construction of | 9 | | the Authority's grade separation project.
| 10 | | Notwithstanding any provision of law to the contrary, the | 11 | | Illinois Commerce Commission's jurisdiction under this Act | 12 | | includes the authority to use funds from the Grade Crossing | 13 | | Protection Fund to reimburse the Elmwood Park Grade Separation | 14 | | Authority, in an amount not to exceed $12,000,000, for the | 15 | | construction of a grade separation to replace the existing | 16 | | Grand Avenue highway-rail grade crossing of tracks owned by the | 17 | | Northeast Illinois Regional Commuter Railroad Corporation, | 18 | | without regard to whether all or part of the crossing is within | 19 | | the jurisdiction of the Department of Transportation, the | 20 | | Regional Transportation Authority or any subdivision or unit | 21 | | thereof, or any other State agency or unit of local government. | 22 | | The Elmwood Park Grade Separation Authority shall conduct a | 23 | | preliminary engineering study for the construction of a grade | 24 | | separation to replace the existing Grand Avenue highway-rail | 25 | | grade crossing, which shall result in the preparation of | 26 | | preliminary engineering plans and an estimate of cost. The |
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| 1 | | Elmwood Park Grade Separation Authority shall also prepare a | 2 | | funding plan for the grade separation project. The Elmwood Park | 3 | | Grade Separation Authority shall submit a copy of the | 4 | | preliminary engineering study, estimate of cost, and funding | 5 | | plan for the construction of a grade separation to replace the | 6 | | existing Grand Avenue highway-rail grade crossing to the | 7 | | Illinois Commerce Commission for its review. | 8 | | Following receipt of the preliminary engineering study, | 9 | | estimate of cost, and funding plan for the Grand Avenue grade | 10 | | separation project, the Illinois Commerce Commission shall | 11 | | consider that project as one of the bridge projects included in | 12 | | the Illinois Commerce Commission's Crossing Safety Improvement | 13 | | Program during the earliest 5-year programming cycle, and funds | 14 | | from the Grade Crossing Protection Fund shall be programmed for | 15 | | that grade separation project. | 16 | | No funds from the Grade Crossing Protection Fund programmed | 17 | | for the Grand Avenue grade separation project shall be provided | 18 | | unless authorized by the Illinois Commerce Commission. Funds | 19 | | from the Grade Crossing Protection Fund programmed for the | 20 | | Grand Avenue grade separation project may not exceed | 21 | | $12,000,000, and shall only be provided to the Elmwood Park | 22 | | Grade Separation Authority as reimbursement for expenses | 23 | | already incurred. | 24 | | (Source: P.A. 98-564, eff. 8-27-13.) | 25 | | (70 ILCS 1935/50)
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| 1 | | Sec. 50. Board; composition; qualification; compensation | 2 | | and expenses. The Authority shall be governed by a 7 9 -member | 3 | | board consisting of members appointed by the Governor with the | 4 | | advice and consent of the Senate. Five members shall be voting | 5 | | members and 2 4 members shall be non-voting members. The voting | 6 | | members shall consist of the following: | 7 | | (1) two former public officials who served within the | 8 | | Township of Leyden or the Village of Elmwood Park and are | 9 | | recommended to the Governor by the Village President of the | 10 | | Village of Elmwood Park; | 11 | | (2) one current employee two prior employees of the | 12 | | Northeast Illinois Regional Commuter Railroad Corporation | 13 | | Canadian Pacific Railway with management experience; and | 14 | | (3) one current employee of Canadian Pacific Railway; | 15 | | and | 16 | | (4) (3) one resident of the Township of Leyden or the | 17 | | Village of Elmwood Park. | 18 | | The non-voting members shall consist of the following: | 19 | | (1) the Village President of the Village of Elmwood | 20 | | Park; and | 21 | | (2) one current employee of Canadian Pacific Railway | 22 | | with management experience; | 23 | | (3) one current employee of Northeast Illinois | 24 | | Regional Commuter Railroad Corporation with management | 25 | | experience; and | 26 | | (2) (4) one current employee of the Department of |
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| 1 | | Transportation with management experience. | 2 | | The members of the board shall serve without compensation, | 3 | | but may be reimbursed for actual expenses incurred by them in | 4 | | the performance of their duties prescribed by the Authority. | 5 | | However, any member of the board who serves as secretary or | 6 | | treasurer may receive compensation for services as that | 7 | | officer.
| 8 | | (Source: P.A. 98-564, eff. 8-27-13; revised 10-17-13.) | 9 | | (70 ILCS 1935/100)
| 10 | | Sec. 100. Construction. Nothing in this Act shall be | 11 | | construed to confer upon the Authority the right, power, or | 12 | | duty to order or enforce the abandonment of any present | 13 | | property of the railroads or the use in substitution therefor | 14 | | of any property acquired for the railroads in the absence of a | 15 | | contract duly executed by the railroads and the Authority | 16 | | setting forth the terms and conditions upon which relocation of | 17 | | the right-of-way and physical facilities of the railroads is to | 18 | | be accomplished. No such contract shall be or become | 19 | | enforceable until the provisions of the contract have been | 20 | | approved or authorized by the Illinois Commerce Commission. | 21 | | Any construction improvements to signaling or any other | 22 | | aspect of the grade separation project dictated by the Railroad | 23 | | or the Northeast Illinois Regional Commuter Railroad | 24 | | Corporation shall be paid for respectively by the Railroad or | 25 | | the Northeast Illinois Regional Commuter Railroad Corporation. |
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| 1 | | The Railroad or the Northeast Illinois Regional Commuter | 2 | | Railroad Corporation , or both, shall specifically pay any and | 3 | | all costs associated with any upgrades to the railway.
| 4 | | (Source: P.A. 98-564, eff. 8-27-13.)
| 5 | | Section 99. Effective date. This Act takes effect upon | 6 | | becoming law.".
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