Bill Text: IL SB3200 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the Regional Transportation Authority Act. Makes a technical change in a Section concerning the general powers of the Commuter Rail Board.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2019-01-09 - Session Sine Die [SB3200 Detail]

Download: Illinois-2017-SB3200-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB3200

Introduced 2/15/2018, by Sen. Martin A. Sandoval

SYNOPSIS AS INTRODUCED:
70 ILCS 3615/3B.09 from Ch. 111 2/3, par. 703B.09

Amends the Regional Transportation Authority Act. Makes a technical change in a Section concerning the general powers of the Commuter Rail Board.
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A BILL FOR

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1 AN ACT concerning local government.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Regional Transportation Authority Act is
5amended by changing Section 3B.09 as follows:
6 (70 ILCS 3615/3B.09) (from Ch. 111 2/3, par. 703B.09)
7 Sec. 3B.09. General Powers. In addition to any powers
8elsewhere provided to the the Commuter Rail Board, it shall
9have all of the powers specified in Section 2.20 of this Act
10except for the powers specified in Section 2.20(a)(v). The
11Board shall also have the power:
12 (a) to cooperate with the Regional Transportation
13Authority in the exercise by the Regional Transportation
14Authority of all the powers granted it by such Act;
15 (b) to receive funds from the Regional Transportation
16Authority pursuant to Sections 2.02, 4.01, 4.02, 4.09 and 4.10
17of the "Regional Transportation Authority Act", all as provided
18in the "Regional Transportation Authority Act";
19 (c) to receive financial grants from the Regional
20Transportation Authority or a Service Board, as defined in the
21"Regional Transportation Authority Act", upon such terms and
22conditions as shall be set forth in a grant contract between
23either the Division and the Regional Transportation Authority

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1or the Division and another Service Board, which contract or
2agreement may be for such number of years or duration as the
3parties may agree, all as provided in the "Regional
4Transportation Authority Act"; and
5 (d) to borrow money for the purpose of acquiring,
6constructing, reconstructing, extending, or improving any
7Public Transportation Facilities (as defined in Section 1.03 of
8the Regional Transportation Authority Act) operated by or to be
9operated by or on behalf of the Commuter Rail Division. For the
10purpose of evidencing the obligation of the Commuter Rail Board
11to repay any money borrowed as provided in this subsection, the
12Commuter Rail Board may issue revenue bonds from time to time
13pursuant to ordinance adopted by the Commuter Rail Board,
14subject to the approval of the Regional Transportation
15Authority of each such issuance by the affirmative vote of 12
16of its then Directors; provided that the Commuter Rail Board
17may not issue bonds for the purpose of financing the
18acquisition, construction, or improvement of a corporate
19headquarters building. All such bonds shall be payable solely
20from the revenues or income or any other funds that the
21Commuter Rail Board may receive, provided that the Commuter
22Rail Board may not pledge as security for such bonds the
23moneys, if any, that the Commuter Rail Board receives from the
24Regional Transportation Authority pursuant to Section
254.03.3(f) of the Regional Transportation Authority Act. The
26bonds shall bear interest at a rate not to exceed the maximum

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1rate authorized by the Bond Authorization Act and shall mature
2at such time or times not exceeding 25 years from their
3respective dates. Bonds issued pursuant to this paragraph must
4be issued with scheduled principal or mandatory redemption
5payments in equal amounts in each fiscal year over the term of
6the bonds, with the first principal or mandatory redemption
7payment scheduled within the fiscal year in which bonds are
8issued or within the next succeeding fiscal year. At least 25%,
9based on total principal amount, of all bonds authorized
10pursuant to this Section shall be sold pursuant to notice of
11sale and public bid. No more than 75%, based on total principal
12amount, of all bonds authorized pursuant to this Section shall
13be sold by negotiated sale. The maximum principal amount of the
14bonds that may be issued and outstanding at any time may not
15exceed $1,000,000,000. The bonds shall have all the qualities
16of negotiable instruments under the laws of this State. To
17secure the payment of any or all of such bonds and for the
18purpose of setting forth the covenants and undertakings of the
19Commuter Rail Board in connection with the issuance thereof and
20the issuance of any additional bonds payable from such revenue
21or income as well as the use and application of the revenue or
22income received by the Commuter Rail Board, the Commuter Rail
23Board may execute and deliver a trust agreement or agreements;
24provided that no lien upon any physical property of the
25Commuter Rail Board shall be created thereby. A remedy for any
26breach or default of the terms of any such trust agreement by

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1the Commuter Rail Board may be by mandamus proceedings in any
2court of competent jurisdiction to compel performance and
3compliance therewith, but the trust agreement may prescribe by
4whom or on whose behalf such action may be instituted. Under no
5circumstances shall any bonds issued by the Commuter Rail Board
6or any other obligation of the Commuter Rail Board in
7connection with the issuance of such bonds be or become an
8indebtedness or obligation of the State of Illinois, the
9Regional Transportation Authority, or any other political
10subdivision of or municipality within the State, nor shall any
11such bonds or obligations be or become an indebtedness of the
12Commuter Rail Board within the purview of any constitutional
13limitation or provision, and it shall be plainly stated on the
14face of each bond that it does not constitute such an
15indebtedness or obligation but is payable solely from the
16revenues or income as aforesaid.
17(Source: P.A. 95-708, eff. 1-18-08.)
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