Full Text of SB1789 94th General Assembly
SB1789 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB1789
Introduced 2/25/2005, by Sen. Kirk W. Dillard SYNOPSIS AS INTRODUCED: |
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70 ILCS 3615/2.20 |
from Ch. 111 2/3, par. 702.20 |
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Amends the Regional Transportation Authority Act. Provides that, for purposes of fuel and energy risk management, the Authority's or a Service Board's board of directors may enter into option contracts and other types of agreements for fuel and energy. Requires a determination by the Authority's or the Service Board's board of directors that the option agreement is in the best interests of the Authority or the Service Board. Effective immediately.
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A BILL FOR
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SB1789 |
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LRB094 03430 RSP 33432 b |
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| AN ACT concerning local government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Regional Transportation Authority Act is | 5 |
| amended by changing Section 2.20 as follows:
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| (70 ILCS 3615/2.20) (from Ch. 111 2/3, par. 702.20)
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| Sec. 2.20. General Powers.
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| (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:
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| (i) To sue and be sued;
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| (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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| (iii) To make, amend and repeal by-laws, rules and | 19 |
| regulations, and
ordinances not inconsistent with this | 20 |
| Act;
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| (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 | 24 |
| powers or to provide for the use
thereof by any | 25 |
| transportation agency and to mortgage, pledge or
otherwise | 26 |
| grant security interests in any such property;
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| (v) To enter at reasonable times upon such lands, | 28 |
| waters or premises
as in the judgment of the Authority may | 29 |
| be necessary, convenient or
desirable for the purpose of | 30 |
| making surveys, soundings, borings and
examinations to | 31 |
| accomplish any purpose authorized by this Act after
having | 32 |
| given reasonable notice of such proposed entry to the |
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LRB094 03430 RSP 33432 b |
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| owners and
occupants of such lands, waters or premises, the | 2 |
| Authority being liable
only for actual damage caused by | 3 |
| such activity;
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| (vi) To make and execute all contracts and other | 5 |
| instruments
necessary or convenient to the exercise of its | 6 |
| powers;
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| (vii) To enter into contracts of group insurance for | 8 |
| the benefit of
its employees and to provide for retirement | 9 |
| or pensions or other
employee benefit arrangements for such | 10 |
| employees, and to assume
obligations for pensions or other | 11 |
| employee benefit arrangements for
employees of | 12 |
| transportation agencies, all or part of the facilities of
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| which are acquired by the Authority;
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| (viii) To provide for the insurance of any property, | 15 |
| directors,
officers, employees or operations of
the | 16 |
| Authority against any risk or hazard, and to self-insure or | 17 |
| participate
in joint self-insurance pools or entities to | 18 |
| insure against such risk or
hazard;
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| (ix) To appear before the Illinois Commerce Commission | 20 |
| in all
proceedings concerning the Authority, a Service | 21 |
| Board or any transportation
agency; and
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| (x) To pass all ordinances and make all rules and | 23 |
| regulations proper
or necessary to regulate the use, | 24 |
| operation and maintenance of its
property and facilities | 25 |
| and, by ordinance, to prescribe fines or
penalties for | 26 |
| violations thereof. No fine or penalty shall exceed $1,000
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| per offense. Any ordinance providing for any fine or | 28 |
| penalty shall be
published in a newspaper of general | 29 |
| circulation in the metropolitan
region. No such ordinance | 30 |
| shall take effect until 10 days after its
publication.
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| (xi) The Authority may enter into arbitration | 32 |
| arrangements, which
may be final and binding.
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| (xii) The Commuter Rail
Board shall continue the | 34 |
| separate public corporation, known as the
Northeast | 35 |
| Illinois Regional Commuter Railroad Corporation, as a
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| separate operating unit to operate on behalf of the |
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| Commuter Rail Board
commuter
railroad facilities, subject | 2 |
| at all times to the supervision and
direction of the | 3 |
| Commuter Rail Board and may, by ordinance,
dissolve such
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| Corporation. Such Corporation shall be governed by a Board | 5 |
| of Directors
which shall consist of the members of the | 6 |
| Transition Board until such
time as all of the members of | 7 |
| the Commuter Rail Board are appointed and
qualified and | 8 |
| thereafter the members of the Commuter Rail Board. Such
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| Corporation shall have all the powers given the Authority | 10 |
| and the Commuter
Rail Board under Article
II of this Act | 11 |
| (other than under Section 2.13) as are delegated to it by
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| ordinance of the Commuter Rail Board with regard
to such | 13 |
| operation of
facilities and the same exemptions, | 14 |
| restrictions and limitations as are
provided by law with | 15 |
| regard to the Authority shall apply to such
Corporation. | 16 |
| Such Corporation shall be a transportation agency as
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| provided in this Act except for purposes of paragraph (e) | 18 |
| of Section
3.01 of this Act.
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| (xiii) The Authority shall cooperate with the
Illinois | 20 |
| Commerce Commission and local law enforcement agencies in | 21 |
| establishing
a two year pilot program in DuPage County to | 22 |
| determine the effectiveness of an
automated
railroad grade | 23 |
| crossing enforcement system.
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| (b) In each case in which this Act gives the Authority the | 25 |
| power to
construct or acquire real or personal property, the | 26 |
| Authority shall have
the power to acquire such property by | 27 |
| contract, purchase, gift, grant,
exchange for other property or | 28 |
| rights in property, lease (or sublease)
or installment or | 29 |
| conditional purchase contracts, which leases or
contracts may | 30 |
| provide for consideration therefor to be paid in annual
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| installments during a period not exceeding 40 years. Property | 32 |
| may be
acquired subject to such conditions, restrictions, | 33 |
| liens, or security or
other interests of other parties as the | 34 |
| Authority may deem appropriate,
and in each case the Authority | 35 |
| may acquire a joint, leasehold, easement,
license or other | 36 |
| partial interest in such property. Any such acquisition
may |
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| provide for the assumption of, or agreement to pay, perform or
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| discharge outstanding or continuing duties, obligations or | 3 |
| liabilities
of the seller, lessor, donor or other transferor of | 4 |
| or of the trustee
with regard to such property. In connection | 5 |
| with the acquisition of
public transportation equipment, | 6 |
| including, but not limited to, rolling
stock, vehicles, | 7 |
| locomotives, buses or rapid transit equipment, the
Authority | 8 |
| may also execute agreements concerning such equipment leases,
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| equipment trust certificates, conditional purchase agreements | 10 |
| and such
other security agreements and may make such agreements | 11 |
| and covenants as
required, in the form customarily used in such | 12 |
| cases appropriate to
effect such acquisition. Obligations of | 13 |
| the Authority incurred pursuant
to this Section shall not be | 14 |
| considered bonds or notes within the
meaning of Section 4.04 of | 15 |
| this Act.
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| (c) The Authority shall assume all costs of rights, | 17 |
| benefits and
protective conditions to which any employee is | 18 |
| entitled under this Act
from any transportation agency in the | 19 |
| event of the inability of the
transportation agency to meet its | 20 |
| obligations in relation thereto due to
bankruptcy or | 21 |
| insolvency, provided that the Authority shall retain the
right | 22 |
| to proceed against the bankrupt or insolvent transportation | 23 |
| agency
or its successors, trustees, assigns or debtors for the | 24 |
| costs assumed.
The Authority may mitigate its liability under | 25 |
| this paragraph (c) and
under Section 2.16 to the extent of | 26 |
| employment and employment benefits
which it tenders.
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| (d) The Authority or a Service Board may, for the purpose | 28 |
| of protecting, managing, and insuring against the risk | 29 |
| associated with volatile fuel and energy prices, enter into any | 30 |
| option contract, forward contract, futures contract, or swap | 31 |
| agreements with price floors, ceilings, collars, or any | 32 |
| combination or variation of such agreements, for fuel or energy | 33 |
| risk management, or both, but only to the extent determined by | 34 |
| the Authority's or the Service Board's respective board of | 35 |
| directors to be in its best interests.
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| (Source: P.A. 89-454, eff. 5-17-96.)
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| Section 99. Effective date. This Act takes effect upon | 2 |
| becoming law.
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