Bill Text: IL SB3548 | 2013-2014 | 98th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: 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.

Spectrum: Moderate Partisan Bill (Democrat 5-1)

Status: (Failed) 2015-01-13 - Session Sine Die [SB3548 Detail]

Download: Illinois-2013-SB3548-Introduced.html

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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.
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A BILL FOR
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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 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

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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

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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,

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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

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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.