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91_HB2008sam001
SRS91HB2008PMcham01
1 AMENDMENT TO HOUSE BILL 2008
2 AMENDMENT NO. . Amend House Bill 2008 as follows:
3 on page 1, line 31, by deleting "This area is"; and
4 on page 1, by deleting line 32; and
5 on page 2, by deleting line 1; and
6 on page 2, by replacing line 2 with "The presence of the";
7 and
8 on page 2, by replacing lines 31 and 32 with the following:
9 "Section 15. Acquisition of property. The Authority
10 shall have the power to acquire by gift, purchase, or legacy
11 the fee simple title to real property located within the
12 boundaries of the Authority, including temporary and
13 permanent easements, as well as reversionary interests in the
14 streets, alleys and other public places and personal
15 property, required for its purposes, and title thereto shall
16 be taken in the corporate name of the Authority. Any such
17 property which is already devoted to a public use may
18 nevertheless be acquired, provided that no property belonging
19 to the United States of America or the State of Illinois may
20 be acquired without the consent of such governmental unit.
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1 No property devoted to a public use belonging to a
2 corporation subject to the jurisdiction of the Illinois
3 Commerce Commission may be acquired without a prior finding
4 by the Illinois Commerce Commission that the taking would not
5 result in the imposition of an undue burden on instrastate
6 commerce. All land and appurtenances thereto, acquired or
7 owned by the Authority, are to be deemed acquired or owned
8 for a public use or public purpose.
9 Section 20. Sale or exchange of property. The Authority
10 shall have the power to sell, transfer, exchange, vacate or
11 assign property acquired for the purposes of this Act as it
12 shall deem appropriate.
13 Section 25. Acceptance of grants, loans, and
14 appropriations. The Authority shall have the power to apply
15 for and accept grants, loans, advances and appropriations
16 from the Federal Government and from the State of Illinois or
17 any agency or instrumentality thereof to be used for the
18 purposes of the Authority, and to enter into any agreement in
19 relation to such grants, loans, advances and appropriations.
20 The Authority may also accept from the State, any State
21 agency, department or commission, any county or other
22 political subdivision, any municipal corporation, any
23 railroads, school authorities, or jointly therefrom, grants
24 of funds or services for any of the purposes of this Act.
25 The Authority shall be treated as a rail carrier subject to
26 the Illinois Commerce Commission's jurisdiction and eligible
27 to receive money from the Grade Crossing Protection Fund or
28 any fund of the State or other source available for purposes
29 of promoting safety and separation of at-grade railroad
30 crossings or highway improvements.
31 Section 30. Borrowing money and issuance of bonds. The
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1 Authority may incur debt and borrow money from time to time
2 and, in evidence thereof, may issue and sell bonds in such
3 amount or amounts as the Authority may determine, to provide
4 funds for carrying out the purposes of this Act, and to pay
5 all costs and expenses incident thereto, and to refund and
6 refinance, from time to time, bonds so issued and sold, as
7 often as may be deemed to be advantageous by the Authority.
8 Section 35. Taxing powers. The Authority shall not have
9 the power to levy real property taxes for any purpose
10 whatsoever."; and
11 on page 3, by deleting lines 1 through 5; and
12 on page 3, line 6, by replacing "20" with "40"; and
13 on page 3, line 15, by replacing "25" with "45"; and
14 on page 4, below line 4, by inserting the following:
15 "Section 50. Removal of members. The Governor may
16 remove from office any Authority member immediately in case
17 of incompetency, neglect of duty or malfeasance of office or
18 otherwise upon 15 days written notice to the other members.
19 Absence from any 3 consecutive regular meetings of the
20 Authority shall be deemed neglect of duty.
21 Section 55. Organization; chair and temporary Secretary.
22 As soon as possible after the appointment of the initial
23 members, the Authority shall organize for the transaction of
24 business, select a Chair and a temporary Secretary from its
25 own number, and adopt bylaws to govern its proceedings. The
26 initial Chair and successors shall be elected by the
27 Authority from time to time from among members. The
28 Authority may act through its members by entering into an
29 agreement that a member act on the Authority's behalf, in
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1 which instance the act or performance directed shall be
2 deemed to be exclusively of, for, and by the Authority and
3 not the individual act of the member or its represented
4 person.
5 Section 60. Meetings; quorum; resolutions. Regular
6 meetings of the Authority shall be held at least quarterly,
7 the time and place of those meetings to be fixed by the
8 Authority. Special meetings may be called by the Chair or by
9 any 3 members of the Authority by giving notice thereof in
10 writing, stating the time, place, and purpose of the meeting.
11 The notice shall be served by special delivery letter
12 deposited in the mails at least 48 hours before the meeting.
13 A majority of the members of the Authority shall constitute a
14 quorum for the transaction of business. All action of the
15 Authority shall be by resolution and, except as otherwise
16 provided in this Act, the affirmative vote of at least a
17 majority shall be necessary for the adoption of any
18 resolution. The Chair shall be entitled to vote on any and
19 all matters coming before the Authority.
20 Section 65. Secretary and Treasurer; oaths; bond of
21 Treasurer. The Authority may appoint a Secretary and a
22 Treasurer, who need not be members of the Authority, to hold
23 office during the pleasure of the Authority, and fix their
24 duties and compensation. Before entering upon the duties of
25 their respective offices, they shall take and subscribe to
26 the constitutional oath of office, and the Treasurer shall
27 execute a bond with corporate sureties to be approved by the
28 Authority. The bond shall be payable to the Authority in
29 whatever penal sum may be directed by the Authority
30 conditioned upon the faithful performance of the duties of
31 the office and the payment of all money received by the
32 Treasurer according to law and the orders of the Authority.
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1 The Authority may, at any time, require a new bond for the
2 Treasurer in such penal sum as may then be determined by the
3 Authority.
4 Section 70. Deposit and withdrawal of funds; signatures.
5 All funds deposited by the Treasurer in any bank or savings
6 and loan association shall be placed in the name of the
7 Authority and shall be withdrawn or paid out only by check or
8 draft upon the bank or savings and loan association, signed
9 by the Treasurer and countersigned by the Chair of the
10 Authority. Subject to prior approval of the designations by
11 a majority of the Authority, the Chair may designate any
12 other member or any officer of the Authority to affix the
13 signature of the Treasurer to any Authority check or draft
14 for payment of salaries or wages and for payment of any other
15 obligation of not more than $2,500.
16 No bank or savings and loan association shall receive
17 public funds as permitted by this Section unless it has
18 complied with the requirements established under Section 6 of
19 the Public Funds Investment Act.
20 Section 75. Delivery of check after executing officer
21 ceases to hold office. If any officer whose signature appears
22 upon any check or draft issued pursuant to this Act ceases to
23 hold office before the delivery of the check or draft to the
24 payee, the officer's signature nevertheless shall be valid
25 and sufficient for all purposes with the same effect as if
26 the officer had remained in office until delivery of the
27 check or draft.
28 Section 80. Rules. The Authority may make all rules and
29 regulations proper or necessary and to carry into effect the
30 powers granted to it. The rules and regulations shall be
31 consistent with the guidelines, objectives, and project scope
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1 as set out by the Illinois Commerce Commission.
2 Section 85. Fiscal year. The Authority shall designate
3 its fiscal year.
4 Section 90. Reports and financial statements. Within 60
5 days after the end of its fiscal year, the Authority shall
6 cause to be prepared by a certified public accountant a
7 complete and detailed report and financial statement of the
8 operations and assets and liabilities as relate to the 25th
9 Avenue railroad grade separation project. A reasonably
10 sufficient number of copies of the report shall be prepared
11 for distribution to persons interested, upon request, and a
12 copy of the report shall be filed with the Illinois Commerce
13 Commission and with the county clerk of Cook County.
14 Section 95. Construction. Nothing in this Act shall be
15 construed to confer upon the Authority the right, power, or
16 duty to order or enforce the abandonment of any present
17 property of the railroads or the use in substitution therefor
18 of any property acquired for the railroads in the absence of
19 a contract duly executed by the railroads and the Authority
20 setting forth the terms and conditions upon which relocation
21 of the right of way and physical facilities of the railroads
22 is to be accomplished. No such contract shall be or become
23 enforceable until the provisions of the contract have been
24 approved or authorized by the Illinois Commerce Commission.
25 Section 100. Existing contracts, obligations, and
26 liabilities. No contract, obligation, or liability whatever
27 of the railroads to pay any money into the State treasury,
28 nor any lien of the State upon or right to tax property of
29 the railroads, shall be released, suspended, modified,
30 altered, remitted, or in any manner diminished or impaired by
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1 the contract with the Authority, and any such charter
2 provisions applicable to the property on which the railroads
3 are now located shall be deemed in full force and effect with
4 respect to any property on which the railroads are relocated
5 in substitution therefor pursuant to the provisions of this
6 Act or any such contract with the Authority pursuant thereto.
7 Notwithstanding, upon order of the Illinois Commerce
8 Commission, the Authority shall succeed to and assume the
9 performance and actions of the represented persons under the
10 terms of the order and amending orders previously entered
11 relative to the 25th Avenue railroad grade separation project
12 and consistent with the objectives of the Authority.
13 Section 105. Severability. The provisions of this Act
14 are severable under Section 1.31 of the Statute on
15 Statutes."; and
16 on page 4, line 5, by replacing "99" with "999".