SB3548 98TH GENERAL ASSEMBLY

LRB098 19727 JLK 54940 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB3548

Introduced 2/14/2014, by Sen. Don Harmon

SYNOPSIS AS INTRODUCED:

70 ILCS 1935/5
70 ILCS 1935/15
70 ILCS 1935/50
70 ILCS 1935/100

Amends the Elmwood Park Grade Separation Authority Act. Provides that the Northeast Illinois Regional Commuter Railroad Corporation (currently, the Canadian Pacific Railway Company) shall own and maintain the railway along the grade separation structure. Makes changes concerning the composition of the board. Eliminates provisions requiring the Canadian Pacific Railway to contribute toward certain costs. Defines a required term. Effective immediately.

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Elmwood Park Grade Separation Authority Act is amended by changing Sections 5, 15, 50, and 100 as follows:

(70 ILCS 1935/5)

Sec. 5. Definitions. As used in this Act:

"Authority" means the Elmwood Park Grade Separation Authority.

"Person" includes an individual, partnership, firm, public or private corporation, and government or unit of government.

"Railroad" or "Railroads" means the Northeast Illinois Regional Commuter Railroad Corporation, created under subsection (a) of Section 2.20 of the Regional Transportation Authority Act, Canadian Pacific Railway and other railroads operating or owning trackage or right-of-way within the area of the Authority.

"Village" means the Village of Elmwood Park.

(Source: P.A. 98-564, eff. 8-27-13.)

(70 ILCS 1935/15)

Sec. 15. Creation; duration; termination of the Authority.

There is created a body politic and corporate, a unit of local government, named the Elmwood Park Grade Separation Authority that embraces that portion of Leyden Township within the Village of Elmwood Park, Cook County, Illinois. The Authority shall continue in existence until the accomplishment of its objectives or until the Authority officials resolve that it is impossible or economically unfeasible to fulfill its objectives. Objectives of the Authority include the grade separation of railroad tracks from the right-of-way of Grand Avenue in the Village of Elmwood Park, the relocation of railroad tracks and roadway to facilitate the grade separation, and other necessary, related improvements to the right-of-way and at-grade crossing closure within the Village of Elmwood Park. The Authority shall be dissolved upon its voluntary termination or 6 months after the first use of the railway on the grade separation structure by a Railroad. Upon termination or dissolution of the Authority after the construction of the grade separation project, the Department of Transportation shall own and maintain the grade separation structure and the Northeast Illinois Regional Commuter Railroad Corporation Canadian Pacific Railway Company shall own and maintain the railway along the grade separation structure.

(Source: P.A. 98-564, eff. 8-27-13.)

(70 ILCS 1935/50)

Sec. 50. Board; composition; qualification; compensation and expenses. The Authority shall be governed by a 7 9-member board consisting of members appointed by the Governor with the advice and consent of the Senate. Five members shall be voting members and 2 4 members shall be non-voting members. The voting members shall consist of the following:

(1) two former public officials who served within the Township of Leyden or the Village of Elmwood Park and are recommended to the Governor by the Village President of the Village of Elmwood Park;

(2) one current employee two prior employees of the Northeast Illinois Regional Commuter Railroad Corporation Canadian Pacific Railway with management experience; and

(3) one current employee of Canadian Pacific Railway; and

(4) (3) one resident of the Township of Leyden or the Village of Elmwood Park.

The non-voting members shall consist of the following:

(1) the Village President of the Village of Elmwood Park; and

(2) one current employee of Canadian Pacific Railway with management experience;

(3) one current employee of Northeast Illinois Regional Commuter Railroad Corporation with management experience; and

(2) (4) one current employee of the Department of Transportation with management experience.

The members of the board shall serve without compensation, but may be reimbursed for actual expenses incurred by them in the performance of their duties prescribed by the Authority. However, any member of the board who serves as secretary or treasurer may receive compensation for services as that officer.

(Source: P.A. 98-564, eff. 8-27-13; revised 10-17-13.)

(70 ILCS 1935/100)

Sec. 100. Construction. Nothing in this Act shall be construed to confer upon the Authority the right, power, or duty to order or enforce the abandonment of any present property of the railroads or the use in substitution therefor of any property acquired for the railroads in the absence of a contract duly executed by the railroads and the Authority setting forth the terms and conditions upon which relocation of the right-of-way and physical facilities of the railroads is to be accomplished. No such contract shall be or become enforceable until the provisions of the contract have been approved or authorized by the Illinois Commerce Commission.

Any construction improvements to signaling or any other aspect of the grade separation project dictated by the Railroad or the Northeast Illinois Regional Commuter Railroad Corporation shall be paid for respectively by the Railroad or the Northeast Illinois Regional Commuter Railroad Corporation.

The Railroad or the Northeast Illinois Regional Commuter Railroad Corporation, or both, shall specifically pay any and all costs associated with any upgrades to the railway.

(Source: P.A. 98-564, eff. 8-27-13.)

Section 99. Effective date. This Act takes effect upon becoming law.