Bill Text: IL SB3214 | 2011-2012 | 97th General Assembly | Engrossed

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Bill Title: Amends the Metropolitan Transit Authority Act and the Regional Transportation Authority Act. Provides that the Regional Transportation Authority or a Service Board may enter into an option contract, forward contract, futures contract, swap, cap, or collar agreement with price floors or ceilings, or both, for fuel risk management purposes, subject to the approval of the Board of Directors of the Regional Transportation Authority.

Spectrum: Bipartisan Bill

Status: (Failed) 2013-01-08 - Session Sine Die [SB3214 Detail]

Download: Illinois-2011-SB3214-Engrossed.html

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AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Regional Transportation Authority Act is
amended by changing Section 2.20 as follows:
(70 ILCS 3615/2.20) (from Ch. 111 2/3, par. 702.20)
Sec. 2.20. General Powers.
(a) Except as otherwise limited by this Act, the Authority
shall also have all powers necessary to meet its
responsibilities and to carry out its purposes, including, but
not limited to, the following powers:
(i) To sue and be sued;
(ii) To invest any funds or any monies not required for
immediate use or disbursement, as provided in "An Act
relating to certain investments of public funds by public
agencies", approved July 23, 1943, as now or hereafter
amended;
(iii) To make, amend and repeal by-laws, rules and
regulations, and ordinances not inconsistent with this
Act;
(iv) To hold, sell, sell by installment contract, lease
as lessor, transfer or dispose of such real or personal
property as it deems appropriate in the exercise of its

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powers or to provide for the use thereof by any
transportation agency and to mortgage, pledge or otherwise
grant security interests in any such property;
(v) To enter at reasonable times upon such lands,
waters or premises as in the judgment of the Authority may
be necessary, convenient or desirable for the purpose of
making surveys, soundings, borings and examinations to
accomplish any purpose authorized by this Act after having
given reasonable notice of such proposed entry to the
owners and occupants of such lands, waters or premises, the
Authority being liable only for actual damage caused by
such activity;
(vi) To make and execute all contracts and other
instruments necessary or convenient to the exercise of its
powers;
(vii) To enter into contracts of group insurance for
the benefit of its employees and to provide for retirement
or pensions or other employee benefit arrangements for such
employees, and to assume obligations for pensions or other
employee benefit arrangements for employees of
transportation agencies, all or part of the facilities of
which are acquired by the Authority;
(viii) To provide for the insurance of any property,
directors, officers, employees or operations of the
Authority against any risk or hazard, and to self-insure or
participate in joint self-insurance pools or entities to

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insure against such risk or hazard;
(ix) To appear before the Illinois Commerce Commission
in all proceedings concerning the Authority, a Service
Board or any transportation agency; and
(x) To pass all ordinances and make all rules and
regulations proper or necessary to regulate the use,
operation and maintenance of its property and facilities
and, by ordinance, to prescribe fines or penalties for
violations thereof. No fine or penalty shall exceed $1,000
per offense. Any ordinance providing for any fine or
penalty shall be published in a newspaper of general
circulation in the metropolitan region. No such ordinance
shall take effect until 10 days after its publication.
The Authority may enter into arbitration arrangements,
which may be final and binding.
The Commuter Rail Board shall continue the separate public
corporation, known as the Northeast Illinois Regional Commuter
Railroad Corporation, as a separate operating unit to operate
on behalf of the Commuter Rail Board commuter railroad
facilities, subject at all times to the supervision and
direction of the Commuter Rail Board and may, by ordinance,
dissolve such Corporation. Such Corporation shall be governed
by a Board of Directors which shall consist of the members of
the Transition Board until such time as all of the members of
the Commuter Rail Board are appointed and qualified and
thereafter the members of the Commuter Rail Board. Such

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Corporation shall have all the powers given the Authority and
the Commuter Rail Board under Article II of this Act (other
than under Section 2.13) as are delegated to it by ordinance of
the Commuter Rail Board with regard to such operation of
facilities and the same exemptions, restrictions and
limitations as are provided by law with regard to the Authority
shall apply to such Corporation. Such Corporation shall be a
transportation agency as provided in this Act except for
purposes of paragraph (e) of Section 3.01 of this Act.
The Authority shall cooperate with the Illinois Commerce
Commission and local law enforcement agencies in establishing a
two year pilot program in DuPage County to determine the
effectiveness of an automated railroad grade crossing
enforcement system.
(b) In each case in which this Act gives the Authority the
power to construct or acquire real or personal property, the
Authority shall have the power to acquire such property by
contract, purchase, gift, grant, exchange for other property or
rights in property, lease (or sublease) or installment or
conditional purchase contracts, which leases or contracts may
provide for consideration therefor to be paid in annual
installments during a period not exceeding 40 years. Property
may be acquired subject to such conditions, restrictions,
liens, or security or other interests of other parties as the
Authority may deem appropriate, and in each case the Authority
may acquire a joint, leasehold, easement, license or other

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partial interest in such property. Any such acquisition may
provide for the assumption of, or agreement to pay, perform or
discharge outstanding or continuing duties, obligations or
liabilities of the seller, lessor, donor or other transferor of
or of the trustee with regard to such property. In connection
with the acquisition of public transportation equipment,
including, but not limited to, rolling stock, vehicles,
locomotives, buses or rapid transit equipment, the Authority
may also execute agreements concerning such equipment leases,
equipment trust certificates, conditional purchase agreements
and such other security agreements and may make such agreements
and covenants as required, in the form customarily used in such
cases appropriate to effect such acquisition. Obligations of
the Authority incurred pursuant to this Section shall not be
considered bonds or notes within the meaning of Section 4.04 of
this Act.
(c) The Authority shall assume all costs of rights,
benefits and protective conditions to which any employee is
entitled under this Act from any transportation agency in the
event of the inability of the transportation agency to meet its
obligations in relation thereto due to bankruptcy or
insolvency, provided that the Authority shall retain the right
to proceed against the bankrupt or insolvent transportation
agency or its successors, trustees, assigns or debtors for the
costs assumed. The Authority may mitigate its liability under
this paragraph (c) and under Section 2.16 to the extent of

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employment and employment benefits which it tenders.
(d) The Authority or a Service Board may, for the sole
purposes of protecting, managing, and insuring against the risk
associated with volatile fuel prices, enter into any option
contract, forward contract, futures contract, swap, cap, or
collar agreements with price floors or ceilings, or both, for
fuel risk management, but only to the extent determined by the
Board of Directors or the governing body of a Service Board to
be in the best interests of the Authority or Service Board.
(Source: P.A. 97-333, eff. 8-12-11.)