093_HB0730eng

 
HB0730 Engrossed                     LRB093 05833 DRH 05926 b

 1        AN ACT concerning mass transit.

 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 shall also have all powers necessary  to  meet  its
10    responsibilities  and  to  carry out its purposes, including,
11    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  the
15        Public  Funds  Investment Act "An Act relating to certain
16        investments of public funds by public agencies", approved
17        July 23, 1943, as now or hereafter 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.)