Full Text of SB3214 97th General Assembly
SB3214eng 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning local government.
| 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 Authority | 9 | | 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:
| 12 | | (i) To sue and be sued;
| 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;
| 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, 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;
| 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;
| 13 | | (vi) To make and execute all contracts and other | 14 | | instruments
necessary or convenient to the exercise of its | 15 | | powers;
| 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
| 22 | | which are acquired by the Authority;
| 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;
| 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
| 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
| 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.
| 14 | | The Authority may enter into arbitration arrangements, | 15 | | which
may be final and binding.
| 16 | | The Commuter Rail
Board shall continue the separate public | 17 | | corporation, known as the
Northeast Illinois Regional Commuter | 18 | | Railroad Corporation, as a
separate operating unit to operate | 19 | | on behalf of the Commuter Rail Board
commuter
railroad | 20 | | facilities, subject at all times to the supervision and
| 21 | | direction of the Commuter Rail Board and may, by ordinance,
| 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
| 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.
| 10 | | The Authority shall cooperate with the
Illinois Commerce | 11 | | Commission and local law enforcement agencies in establishing
a | 12 | | two year pilot program in DuPage County to determine the | 13 | | effectiveness of an
automated
railroad grade crossing | 14 | | enforcement system.
| 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
| 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
| 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,
| 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.
| 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 |
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| 1 | | employment and employment benefits
which it tenders.
| 2 | | (d) The Authority or a Service Board may, for the sole | 3 | | purposes of protecting, managing, and insuring against the risk | 4 | | associated with volatile fuel prices, enter into any option | 5 | | contract, forward contract, futures contract, swap, cap, or | 6 | | collar agreements with price floors or ceilings, or both, for | 7 | | fuel risk management, but only to the extent determined by the | 8 | | Board of Directors or the governing body of a Service Board to | 9 | | be in the best interests of the Authority or Service Board. | 10 | | (Source: P.A. 97-333, eff. 8-12-11.)
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