100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3266

 

Introduced , by Rep. Elaine Nekritz

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Creates the High Speed Rail Authority Act. Defines terms. Creates the Illinois High Speed Rail Authority and provides for the members of the Authority. Provides for the powers of the Authority, including the power to: (1) acquire property by purchase or condemnation; (2) enter into contracts; (3) maintain a system of high speed rail lines throughout the State; and (4) enter into an intergovernmental agreement or contract with a unit of government or other public or private entity. Provides that the Governor shall appoint a High Speed Rail Inspector General for the purpose of detection, deterrence, and prevention of fraud, corruption, and mismanagement in the Authority. Provides that the Authority shall hold a public hearing whenever approximate locations and widths of rights of way for future high speed railway additions are to be established or before it adopts an increase in the rates for its fares. Provides that prior to the commencement of any engineering and traffic study to determine the feasibility of constructing additional high speed railway lines in this State, the Authority shall submit to the Governor for his or her approval the route or routes proposed, with an estimate of the cost of the proposed study. Provides that the Authority shall create a local advisory committee of members from each county in which any portion of a new or additional high speed railway is proposed to be constructed. Provides how the Authority shall spend moneys received from the issuance of bonds and fares. Amends the State Finance Act. Creates the Illinois High Speed Rail Authority Fund as a special fund in the State treasury.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the High
5Speed Rail Authority Act.
 
6    Section 5. Legislative finding. It is hereby declared, as a
7matter of legislative determination, that in order to promote
8the public welfare, and to facilitate rail traffic by providing
9convenient, safe, and modern high speed rail transportation
10designed for the accommodation of the needs of the traveling
11public through and within the State of Illinois, that it is
12necessary in the public interest to provide for the
13construction, operation, regulation and maintenance of a high
14speed rail system, incorporating therein the benefits of
15advanced engineering skill, design, experience and safety
16factors, to eliminate existing traffic hazards, relieve
17congestion of highways, integrate surface and air modes of
18local, metropolitan, regional and long distance services,
19exploit existing transportation and utility infrastructure,
20and decrease air pollution. It is also necessary and in the
21public interest to create The Illinois High Speed Rail
22Authority, as an instrumentality and administrative agency of
23the State of Illinois, and to confer upon and vest in the

 

 

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1Authority all powers necessary or appropriate to enable the
2Authority to carry out the foregoing stated legislative purpose
3and determination.
 
4    Section 10. Definitions. The following words and terms as
5used in this Act have the following meanings:
6    (a) "Authority" means the Illinois High Speed Rail
7Authority.
8    (b) "Cost", as applied to an HSR, means the cost of
9construction, including bridges over or under existing
10highways and railroads, the cost of acquisition of all land,
11rights of way, property, rights, easements and interests
12acquired by the Authority for such construction, the cost of
13demolishing or removing any buildings or structures on land so
14acquired, including the cost of acquiring any lands to which
15such buildings or structures may be moved, the cost of
16diverting highways, interchange of highways, access to roads to
17private property, including the cost of lands or easements
18therefor, the cost of all machinery and equipment, financing
19charges, interest prior to and during construction, and for one
20or more years after completion of construction, cost of traffic
21estimates and of engineering and legal expenses, plans,
22specifications, surveys, estimates of cost and revenues, other
23expenses necessary or incident to determining the feasibility
24or practicability of constructing any such high speed railway
25line, administrative expenses and such other expense as may be

 

 

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1necessary or incident to the construction of the high speed
2railway line, the financing of such construction and the
3placing of the railway in operation.
4    (c) "High speed rail" or "HSR" means such railway that is
5designed and constructed, in the best professional judgment of
6the engineering staff responsible, to accommodate trains to run
7at speeds of more than 180 miles per hour so as to accomplish
8the purposes of this Act.
9    (d) "Owner" means all individuals, copartnerships, firms,
10associations, corporations, trustees or legal representatives,
11and others having any title or interest in any property, rights
12or easements authorized to be acquired by this Act.
13    (e) "Person" means any individual, firm, association,
14partnership, corporation, trustee or legal representative.
 
15    Section 15. The Authority. There is hereby created an
16Authority to be known as The Illinois High Speed Rail
17Authority, which is hereby constituted an instrumentality and
18an administrative agency of the State of Illinois. The
19Authority shall consist of 11 directors; the Governor and the
20Secretary of the Department of Transportation, ex officio, and
219 directors appointed by the Governor with the advice and
22consent of the Senate, from the State at large. The directors
23and their successors are hereby authorized to carry out the
24provisions of this Act, and to exercise the powers herein
25conferred. Of the 9 directors appointed by the Governor, no

 

 

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1more than 5 shall be members of the same political party.
2Vacancies shall be filled for the unexpired term in the same
3manner as original appointments. All appointments shall be in
4writing and filed with the Secretary of State as a public
5record. It is the intention of this Section that the Governor's
6appointments shall be made with due consideration to the
7location of proposed high speed railway routes so that maximum
8geographic representation from the areas served by the high
9speed railway routes may be accomplished insofar as
10practicable. The Authority shall have the power to contract and
11be contracted with, to acquire, hold and convey personal and
12real property or any interest therein, including rights of way,
13franchises, and easements; to have and use a common seal, and
14to alter the same at will; to make and establish resolutions,
15by-laws, rules, rates and regulations, and to alter or repeal
16the same as the Authority shall deem necessary and expedient
17for the construction, operation, relocation, regulation, and
18maintenance of a system of high speed railways within and
19through the State of Illinois.
 
20    Section 20. Chairperson of the Authority. Of the directors
21appointed by the Governor, one such director shall be appointed
22by the Governor as chairperson and shall hold office for 4
23years from the date of his appointment, and until his or her
24successor shall be duly appointed and qualified, but shall be
25subject to removal by the Governor for incompetency, neglect of

 

 

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1duty or malfeasance.
2    The chairperson shall preside at all meetings of the Board
3of Directors of the Authority; shall exercise general
4supervision over all powers, duties, obligations, and
5functions of the Authority; and shall approve or disapprove all
6resolutions, by-laws, rules, rates, and regulations made and
7established by the Board of Directors, and if the chairperson
8shall approve thereof, he or she shall sign the same, and if he
9or she shall not approve thereof, he or she shall return to the
10Board of Directors with his or her objections in writing at the
11next regular meeting of the Board of Directors occurring after
12the passage thereof. Such veto may extend to any one or more
13items contained in such resolution, by-law, rule, rate, or
14regulation, or to its entirety; and in case the veto extends to
15a part of such resolution, by-law, rule, rate, or regulation,
16the residue shall take effect and be in force, but in case the
17chairperson shall fail to return any resolution, by-law, rule,
18rate, or regulation with his or her objections thereto by the
19time aforesaid, he or she shall be deemed to have approved the
20same, and the same shall take effect accordingly. Upon the
21return of any resolution, by-law, rule, rate, or regulation by
22the chairperson, the vote by which the same was passed shall be
23reconsidered by the Board of Directors, and if upon such
24reconsideration two-thirds of all the Directors agree by yeas
25and nays to pass the same, it shall go into effect
26notwithstanding the chairperson's refusal to approve thereof.

 

 

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1    The chairperson shall receive a salary of $1,000 per annum,
2payable in monthly installments, together with reimbursement
3for necessary expenses incurred in the performance of his or
4her duties. The chairperson shall be eligible for
5reappointment.
 
6    Section 25. Directors of the Authority. Of the original
7directors, other than the chairperson, so appointed by the
8Governor, 3 shall hold office for 2 years and 3 shall hold
9office for 4 years, from the date of their appointment and
10until their respective successors shall be duly appointed and
11qualified, but shall be subject to removal by the Governor for
12incompetency, neglect of duty, or malfeasance. In case of
13vacancies in such offices during the recess of the Senate, the
14Governor shall make a temporary appointment until the next
15meeting of the Senate when the Governor shall nominate some
16person to fill such office and any person so nominated, who is
17confirmed by the Senate, shall hold office during the remainder
18of the term and until his or her successor shall be appointed
19and qualified. The respective term of the first directors
20appointed shall be designated by the Governor at the time of
21appointment, but their successors shall each be appointed for a
22term of 4 years, except that any person appointed to fill a
23vacancy shall serve only for the unexpired term. Directors
24shall be eligible for reappointment.
25    In making the initial appointments of the 2 additional

 

 

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1directors provided for by this Act, the respective terms of the
22 additional directors first appointed shall be designated by
3the Governor at the time of appointment in a manner that the
4term of one additional director shall expire at the same time
5as the terms of 4 of the other directors and the term of the
6other additional director shall expire at the same time as the
7terms of 3 of the other directors; thereafter the terms shall
8be 4 years.
9    Each such director, other than ex officio members, shall
10receive an annual salary of $500, payable in monthly
11installments, and shall be reimbursed for necessary expenses
12incurred in the performance of his or her duties.
 
13    Section 30. Quorum. Immediately after the appointment and
14qualification of the chairperson and directors under this Act,
15the chairperson and directors shall enter upon their duties.
16The directors shall biennially select a secretary, who may or
17may not be a director, and if not a director, fix his or her
18compensation. Six directors shall constitute a quorum. No
19vacancy in the Board of Directors shall impair the right of a
20quorum of the directors to exercise all the rights and perform
21all the duties of the Authority.
 
22    Section 35. Bonds. The chairperson of the Board of
23Directors shall execute and file a bond in the penal sum of
24$100,000. Each other director, other than the ex officio

 

 

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1directors, shall qualify by executing and filing a bond in the
2penal sum of $25,000, and the secretary, if not a member of the
3Authority, shall execute and file a bond in the penal sum of
4$15,000. All such bonds shall be payable to the People of the
5State of Illinois, and be conditioned upon the faithful
6performance of the duties imposed upon the chairperson,
7directors, or secretary under this Act. The bonds shall be
8subject to the approval of the Governor and of the Attorney
9General of the State of Illinois, and shall, when executed and
10so approved, be filed in the office of the Secretary of State.
11The bonds shall be with a surety company, or companies,
12authorized to do business in this State, and the cost of any
13official bonds required to be furnished hereunder shall be paid
14out of any fund subject to expenditure by the Authority.
15    The chairperson, directors, and secretary of the Authority
16shall be eligible to participate in all pensions, accident,
17health, and benefit plans established by the Authority for its
18employees in the same manner and form as all other employees.
 
19    Section 40. Public comments at board meetings. The Board of
20Directors shall set aside a portion of each meeting of the
21Board that is open to the public under the Open Meetings Act
22during which members of the public who are present at the
23meeting may comment on any subject.
 
24    Section 45. Authority powers. The Authority shall have the

 

 

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1power:
2    (a) To acquire, own, use, hire, lease, operate and dispose
3of personal property, real property, any interest therein,
4including rights-of-way, franchises, and easements.
5    (b) To enter into all contracts and agreements necessary or
6incidental to the performance of its powers under this Act. All
7employment contracts let under this Act shall be in conformity
8with the applicable provisions of the Prevailing Wage Act.
9    (c) To employ and discharge, without regard to the
10requirements of any civil service or personnel act, such
11administrative, engineering, traffic, architectural,
12construction, and financial experts, and inspectors, and such
13other employees, as are necessary in the Authority's judgment
14to carry out the purposes of this Act; and to establish and
15administer standards of classification of all of such persons
16with respect to their compensation, duties, performance, and
17tenure; and to enter into contracts of employment with such
18persons for such periods and on such terms as the Authority
19deems desirable.
20    (d) To appoint by and with the consent of the Attorney
21General, assistant attorneys for such Authority. The assistant
22attorneys shall be under the control, direction and supervision
23of the Attorney General and shall serve at his or her pleasure.
24    (e) To retain special counsel, subject to the approval of
25the Attorney General, as needed from time to time, and fix
26their compensation; provided the special counsel shall be

 

 

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1subject to the control, direction, and supervision of the
2Attorney General and shall serve at the pleasure of the
3Attorney General.
4    (f) To acquire, construct, relocate, operate, regulate,
5and maintain a system of high speed rail lines through and
6within the State of Illinois. However, the Authority does not
7have the power to acquire, operate, regulate, or maintain any
8system of high speed rail lines or portions of them (including,
9but not limited to, any system organized under Division 108 of
10Article 11 of the Illinois Municipal Code) in the event either
11of the following conditions exists at the time the proposed
12acquisition, operation, regulation, or maintenance of the
13system is to become effective:
14        (1) the principal or interest on bonds or other
15    instruments evidencing indebtedness of the system are in
16    default; or
17        (2) the principal or interest on bonds or other
18    instruments evidencing indebtedness of the system have
19    been in default at any time during the 5 year period prior
20    to the proposed acquisition.
21    (g) To facilitate such construction, operation, and
22maintenance, and subject to the approval of the Office of
23Highway Project Implementation and the Office of Intermodal
24Project Implementation of the Department of Transportation,
25the Authority shall have the full use and advantage of the
26engineering staff and facilities of the Department.
 

 

 

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1    Section 50. High Speed Rail Inspector General.
2    (a) The Governor shall, with the advice and consent of the
3Senate by three-fifths of the elected members concurring by
4record vote, appoint a High Speed Rail Inspector General for
5the purpose of detection, deterrence, and prevention of fraud,
6corruption, and mismanagement in the Authority. The High Speed
7Rail Inspector General shall serve a 5-year term. If, during a
8recess of the Senate, there is a vacancy in the office of the
9High Speed Rail Inspector General, the Governor shall make a
10temporary appointment until the next meeting of the Senate when
11the Governor shall make a nomination to fill that office. No
12person rejected for the office of the High Speed Rail Inspector
13General shall, except by the Senate's request, be nominated
14again for that office at the same session of the Senate or be
15appointed to that office during a recess of that Senate. The
16Governor may not appoint a relative, as defined by item (6) of
17Section 10-15 of the State Officials and Employees Ethics Act,
18as the High Speed Rail Inspector General. The High Speed Rail
19Inspector General may be removed only for cause and may be
20removed only by the Governor.
21    (b) The High Speed Rail Inspector General shall have the
22following qualifications:
23        (1) has not been convicted of any felony under the laws
24    of this State, another state, or the United States;
25        (2) has earned a baccalaureate degree from an

 

 

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1    institution of higher education; and
2        (3) has 5 or more years of cumulative service (i) with
3    a federal, state, or local law enforcement agency, at least
4    2 years of which have been in a progressive investigatory
5    capacity; (ii) as a federal, state, or local prosecutor;
6    (iii) as a federal or state judge with a criminal docket;
7    (iv) as a senior manager or executive of a federal, state,
8    or local agency; or (v) representing any combination of (i)
9    through (iv).
10    (c) The term of the initial High Speed Rail Inspector
11General shall commence upon qualification and shall run through
12June 30, 2018. The initial appointments shall be made within 60
13days after the effective date of this Act. After the initial
14term, each High Speed Rail Inspector General shall serve for
155-year terms commencing on July 1 of the year of appointment
16and running through June 30 of the fifth following year. A High
17Speed Rail Inspector General may be reappointed to one or more
18subsequent terms. A vacancy occurring other than at the end of
19a term shall be filled by the Governor only for the balance of
20the term of the High Speed Rail Inspector General whose office
21is vacant. Terms shall run regardless of whether the position
22is filled.
23    (d) The High Speed Rail Inspector General shall have
24jurisdiction over the Authority and all board members,
25officers, and employees of, and vendors, subcontractors, and
26others doing business with the Authority. The jurisdiction of

 

 

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1the High Speed Rail Inspector General is to investigate
2allegations of fraud, waste, abuse, mismanagement, misconduct,
3nonfeasance, misfeasance, or malfeasance. Investigations may
4be based on complaints from any source, including anonymous
5sources, and may be self-initiated, without a complaint. An
6investigation may not be initiated more than 5 years after the
7most recent act of the alleged violation or of a series of
8alleged violations except where there is reasonable cause to
9believe that fraudulent concealment has occurred. To
10constitute fraudulent concealment sufficient to toll this
11limitations period, there must be an affirmative act or
12representation calculated to prevent discovery of the fact that
13a violation has occurred. The authority to investigate alleged
14violations of the State Officials and Employees Ethics Act by
15officers, employees, vendors, subcontractors, and others doing
16business with the Authority shall remain with the Office of the
17Governor's Executive Inspector General. The High Speed Rail
18Inspector General shall refer allegations of misconduct under
19the State Officials and Employees Ethics Act to the Office of
20the Governor's Executive Inspector General for investigation.
21Upon completion of its investigation into such allegations, the
22Office of the Governor's Executive Inspector General shall
23report the results to the High Speed Rail Inspector General,
24and the results of the investigation shall remain subject to
25any applicable confidentiality provisions in the State
26Officials and Employees Ethics Act. Where an investigation into

 

 

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1a target or targets is split between allegations of misconduct
2under the State Officials and Employees Ethics Act,
3investigated by the Office of the Governor's Executive
4Inspector General, and allegations that are not of misconduct
5under the State Officials and Employees Ethics Act,
6investigated by the High Speed Rail Inspector General, the High
7Speed Rail Inspector General shall take reasonable steps,
8including continued consultation with the Office of the
9Governor's Executive Inspector General, to ensure that its
10investigation will not interfere with or disrupt any
11investigation by the Office of the Governor's Executive
12Inspector General or law enforcement authorities. In instances
13in which the High Speed Rail Inspector General continues to
14investigate other allegations associated with allegations that
15have been referred to the Office of the Governor's Executive
16Inspector General under this subsection (d), the High Speed
17Rail Inspector General shall report the results of its
18investigation to the Office of the Governor's Executive
19Inspector General.
20    (e)(1) If the High Speed Rail Inspector General, upon the
21conclusion of an investigation, determines that reasonable
22cause exists to believe that fraud, waste, abuse,
23mismanagement, misconduct, nonfeasance, misfeasance, or
24malfeasance has occurred, then the High Speed Rail Inspector
25General shall issue a summary report of the investigation. The
26report shall be delivered to the appropriate authority under

 

 

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1paragraph (3) of subsection (f) of this Section, which shall
2have 20 days to respond to the report.
3        (2) The summary report of the investigation shall
4    include the following:
5            (A) a description of any allegations or other
6        information received by the High Speed Rail Inspector
7        General pertinent to the investigation.
8            (B) a description of any alleged misconduct
9        discovered in the course of the investigation.
10            (C) recommendations for any corrective or
11        disciplinary action to be taken in response to any
12        alleged misconduct described in the report, including
13        but not limited to discharge.
14            (D) other information the High Speed Rail
15        Inspector General deems relevant to the investigation
16        or resulting recommendations.
17        (3) Within 60 days after issuance of a final summary
18    report that resulted in a suspension of at least 3 days or
19    termination of employment, the High Speed Rail Inspector
20    General shall make the report available to the public by
21    presenting the report to the Board of the Authority and by
22    posting to the Authority's public website. The High Speed
23    Rail Inspector General shall redact information in the
24    summary report that may reveal the identity of witnesses,
25    complainants, or informants, or if the High Speed Rail
26    Inspector General determines it is appropriate to protect

 

 

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1    the identity of a person before the report is made public.
2    The High Speed Rail Inspector General may also redact any
3    information that he or she believes should not be made
4    public, taking into consideration the factors set forth in
5    this subsection and paragraph (1) of subsection (k) of this
6    Section and other factors deemed relevant by the High Speed
7    Rail Inspector General to protect the Authority and any
8    investigations by the High Speed Rail Inspector General,
9    other inspector general offices, or law enforcement
10    agencies. Prior to publication, the High Speed Rail
11    Inspector General shall permit the respondents and the
12    appropriate authority under paragraph (3) of subsection
13    (f) of this Section to review the report and the documents
14    to be made public and offer suggestions for redaction or
15    provide a response that shall be made public with the
16    summary report; provided that the High Speed Rail Inspector
17    General shall have the sole and final authority to decide
18    what redactions should be made. The High Speed Rail
19    Inspector General may make available to the public any
20    other summary report and any such responses or a redacted
21    version of the report and responses.
22        (4) When the High Speed Rail Inspector General
23    concludes that there is insufficient evidence that a
24    violation has occurred, the High Speed Rail Inspector
25    General shall close the investigation. The High Speed Rail
26    Inspector General shall provide the appropriate authority

 

 

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1    under paragraph (3) of subsection (f) of this Section with
2    a written statement of the High Speed Rail Inspector
3    General's decision to close the investigation. At the
4    request of the subject of the investigation, the High Speed
5    Rail Inspector General shall provide a written statement to
6    the subject of the investigation of the High Speed Rail
7    Inspector General's decision to close the investigation.
8    Closure by the High Speed Rail Inspector General does not
9    bar the High Speed Rail Inspector General from resuming the
10    investigation if circumstances warrant.
11    (f) The High Speed Rail Inspector General shall:
12        (1) have access to all information and personnel
13    necessary to perform the duties of the office;
14        (2) have the power to subpoena witnesses and compel the
15    production of books and papers pertinent to an
16    investigation authorized by this Section. A subpoena may be
17    issued under this paragraph (2) only by the High Speed Rail
18    Inspector General and not by members of the High Speed Rail
19    Inspector General's staff. Any person subpoenaed by the
20    High Speed Rail Inspector General has the same rights,
21    under Illinois law as a person subpoenaed by a grand jury.
22    The power to subpoena or to compel the production of books
23    and papers, however, shall not extend to the person or
24    documents of a labor organization or its representatives
25    insofar as the person or documents of a labor organization
26    relate to the function of representing an employee subject

 

 

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1    to investigation under this Section. Subject to a person's
2    privilege against self-incrimination, any person who fails
3    to appear in response to a subpoena, answer any question,
4    or produce any books or papers pertinent to an
5    investigation under this Section, except as otherwise
6    provided in this Section, or who knowingly gives false
7    testimony in relation to an investigation under this
8    Section is guilty of a Class A misdemeanor;
9        (3) submit reports as required by this Section and
10    applicable administrative rules. Final reports and
11    recommendations shall be submitted to the Authority's
12    Executive Director and the Board of Directors for
13    investigations not involving the Board. Final reports and
14    recommendations shall be submitted to the chairperson of
15    the Board and to the Governor for investigations of any
16    Board member other than the chairperson of the Board. Final
17    reports and recommendations for investigations of the
18    chairperson of the Board shall be submitted to the
19    Governor;
20        (4) assist and coordinate with the ethics officer for
21    the Authority;
22        (5) participate in or conduct, when appropriate,
23    multi-jurisdictional investigations; provided the
24    investigation involves the Authority in some way,
25    including, but not limited to, joint investigations with
26    the Office of the Governor's Executive Inspector General,

 

 

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1    or with State, local, or federal law enforcement
2    authorities;
3        (6) serve as the Authority's primary liaison with law
4    enforcement, investigatory, and prosecutorial agencies
5    and, in that capacity, the High Speed Rail Inspector
6    General may request any information or assistance that may
7    be necessary for carrying out the duties and
8    responsibilities provided by this Section from any local,
9    state, or federal governmental agency or unit thereof;
10        (7) review hiring and employment files of the Authority
11    to ensure compliance with Rutan v. Republican Party of
12    Illinois, 497 U.S. 62 (1990), and with all applicable
13    employment laws;
14        (8) establish a policy that ensures the appropriate
15    handling and correct recording of all investigations
16    conducted by the Office, and ensures that the policy is
17    accessible via the Internet in order that those seeking to
18    report suspected wrongdoing are familiar with the process
19    and that the subjects of those allegations are treated
20    fairly;
21        (9) receive and investigate complaints or information
22    from an employee of the Authority concerning the possible
23    existence of an activity constituting a violation of law,
24    rules or regulations, mismanagement, abuse of authority,
25    or substantial and specific danger to the public health and
26    safety. Any employee of the Authority who knowingly files a

 

 

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1    false complaint or files a complaint with reckless
2    disregard for the truth or falsity of the facts underlying
3    the complaint may be subject to discipline; and
4        (10) review, coordinate, and recommend methods and
5    procedures to increase the integrity of the Authority.
6    (g) Within 6 months of appointment, the initial High Speed
7Rail Inspector General shall propose rules, in accordance with
8the provisions of the Illinois Administrative Procedure Act,
9establishing minimum requirements for initiating, conducting,
10and completing investigations. The rules must establish
11criteria for determining, based upon the nature of the
12allegation, the appropriate method of investigation, which may
13include, but is not limited to, site visits, telephone
14contacts, personal interviews, or requests for written
15responses. The rules must establish the process, contents, and
16timing for final reports and recommendations by the High Speed
17Rail Inspector General and for a response and any remedial,
18disciplinary, or both, action by an individual or individuals
19receiving the final reports and recommendations. The rules must
20also clarify how the Office of the High Speed Rail Inspector
21General shall interact with other local, state, and federal law
22enforcement authorities and investigations. Such rules shall
23provide that investigations and inquiries by the Office of the
24High Speed Rail Inspector General must be conducted in
25compliance with the provisions of any collective bargaining
26agreement that applies to the affected employees of the

 

 

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1Authority and that any recommendation for discipline or other
2action against any employee by the Office of the High Speed
3Rail Inspector General must comply with the provisions of any
4applicable collective bargaining agreement.
5    (h) The Office of the High Speed Rail Inspector General
6shall be an independent office of the Authority. Within its
7annual budget, the Authority shall provide a clearly delineated
8budget for the Office of the High Speed Rail Inspector General.
9The budget of the Office of the High Speed Rail Inspector
10General shall be adequate to support an independent and
11effective office. Except with the consent of the High Speed
12Rail Inspector General, the Authority shall not reduce the
13budget of the Office of the High Speed Rail Inspector General
14by more than 10 percent (i) within any fiscal year; or (ii)
15over the 5-year term of each High Speed Rail Inspector General.
16To the extent allowed by law and the Authority's policies, the
17High Speed Rail Inspector General shall have sole
18responsibility for organizing the Office of the High Speed Rail
19Inspector General within the budget established by the Board of
20the High Speed Rail Authority, including the recruitment,
21supervision, and discipline of the employees of that Office.
22The High Speed Rail Inspector General shall report directly to
23the Board of Directors of the Authority with respect to the
24prompt and efficient operation of the Office of the High Speed
25Rail Inspector General.
26    (i)(1) No High Speed Rail Inspector General or employee of

 

 

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1the Office of the High Speed Rail Inspector General may, during
2his or her term of appointment or employment:
3            (A) become a candidate for any elective office;
4            (B) hold any other elected or appointed public
5        office except for appointments on governmental
6        advisory boards or study commissions or as otherwise
7        expressly authorized by law;
8            (C) be actively involved in the affairs of any
9        political party or political organization; or
10            (D) advocate for the appointment of another person
11        to an appointed public office or elected office or
12        position or actively participate in any campaign for
13        any elective office. As used in this paragraph (1),
14        "appointed public office" means a position authorized
15        by law that is filled by an appointing authority as
16        provided by law and does not include employment by
17        hiring in the ordinary course of business.
18        (2) No High Speed Rail Inspector General or employee of
19    the Office of the High Speed Rail Inspector General may,
20    for one year after the termination of his or her
21    appointment or employment:
22            (A) become a candidate for any elective office;
23            (B) hold any elected public office; or
24            (C) hold any appointed State, county, or local
25        judicial office. The requirements of this subparagraph
26        (C) may be waived by the Executive Ethics Commission.

 

 

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1    (j) All Board members, officers, and employees of the
2Authority have a duty to cooperate with the High Speed Rail
3Inspector General and employees of the Office of the High Speed
4Rail Inspector General in any investigation undertaken under
5this Section. Failure to cooperate includes, but is not limited
6to, intentional omissions and knowing false statements.
7Failure to cooperate with an investigation under this Section
8is grounds for disciplinary action, including termination of
9employment. Nothing in this Section limits or alters a person's
10existing rights or protections under State or federal law.
11    (k) The identity of any individual providing information or
12reporting any possible or alleged misconduct to the High Speed
13Rail Inspector General shall be kept confidential and may not
14be disclosed without the consent of that individual, unless the
15individual consents to disclosure of his or her name or
16disclosure of the individual's identity is otherwise required
17by law. The confidentiality granted by this subsection (k) does
18not preclude the disclosure of the identity of a person in any
19capacity other than as the source of an allegation. Subject to
20the provisions of subsection (e) of this Section, the High
21Speed Rail Inspector General, and employees and agents of the
22Office of the High Speed Rail Inspector General, shall keep
23confidential and shall not disclose information exempted from
24disclosure under the Freedom of Information Act or by this Act.
25    (l) If the High Speed Rail Inspector General determines
26that any alleged misconduct involves any person not subject to

 

 

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1the jurisdiction of the High Speed Rail Inspector General, the
2High Speed Rail Inspector General shall refer the reported
3allegations to the appropriate Inspector General, appropriate
4ethics commission, or other appropriate body. If the High Speed
5Rail Inspector General determines that any alleged misconduct
6may give rise to criminal penalties, the High Speed Rail
7Inspector General may refer the allegations regarding that
8misconduct to the appropriate law enforcement agency. If a High
9Speed Rail Inspector General determines that any alleged
10misconduct resulted in the loss of public funds in an amount of
11$5,000 or greater, the High Speed Rail Inspector General shall
12refer the allegations regarding that misconduct to the Attorney
13General and any other appropriate law enforcement agency.
14    (m) The High Speed Rail Inspector General shall provide to
15the Governor, the Board of the Authority, and the General
16Assembly a summary of reports and investigations made under
17this Section no later than March 31 and September 30 of each
18year. The summaries shall detail the final disposition of the
19Inspector General's recommendations. The summaries shall not
20contain any confidential or identifying information concerning
21the subjects of the reports and investigations. The summaries
22shall also include detailed, recommended administrative
23actions and matters for consideration by the Governor, the
24Board of the Authority, and the General Assembly.
25    (n) Any employee of the Authority subject to investigation
26or inquiry by the High Speed Rail Inspector General or any

 

 

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1agent or representative of the High Speed Rail Inspector
2General concerning misconduct that is criminal in nature shall
3have the right to be notified of the right to remain silent
4during the investigation or inquiry and the right to be
5represented in the investigation or inquiry by an attorney or a
6representative of a labor organization that is the exclusive
7collective bargaining representative of employees of the
8Authority. Any investigation or inquiry by the High Speed Rail
9Inspector General or any agent or representative of the High
10Speed Rail Inspector General must be conducted in accordance
11with the rights of the employees under State and federal law
12and applicable judicial decisions. Any recommendations for
13discipline or any action taken against any employee by the High
14Speed Rail Inspector General or any representative or agent of
15the High Speed Rail Inspector General must comply with the
16provisions of the collective bargaining agreement that applies
17to the employee.
18    (o) Nothing in this Section shall diminish the rights,
19privileges, or remedies of a State employee under any other
20federal or State law, rule, or regulation or under any
21collective bargaining agreement.
 
22    Section 55. Authority powers. The Authority shall have the
23power:
24    (a) To prepare, or cause to be prepared detailed plans,
25specifications, and estimates, from time to time, for the

 

 

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1construction, relocation, repair, maintenance, and operation
2of high speed railway lines within and through the State of
3Illinois.
4    (b) To acquire, hold, and use real and personal property,
5including rights, rights-of-way, franchises, easements, and
6other interests in land as it may desire, or as may be
7necessary or convenient for its authorized purposes by
8purchase, gift, grant, or otherwise, and to take title thereto;
9to acquire in the manner that may now or hereafter be provided
10for by the law of eminent domain of this State, any real or
11personal property (including road building materials and
12public lands, parks, playgrounds, reservations, highways or
13parkways, or parts thereof, or rights therein, of any person,
14railroad, public service, public utility, or municipality or
15political subdivision) necessary or convenient for its
16authorized purpose. Such acquisition of real property, whether
17by purchase, gift, condemnation, or otherwise, wherever
18necessary or convenient in the discretion of the Authority, may
19include the extension of existing rights and easements of
20access, use, and crossing held by any person or persons,
21interests in land abutting on existing highways, and remnants
22or remainder property; and such acquisitions of real property
23may be free and clear of, and without any rights or easements
24of access, use and crossing in favor of any person or persons
25including interest in any land adjacent or contiguous to the
26land so acquired; provided that nothing shall be construed to

 

 

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1authorize the taking or damaging of any private property for
2such purposes by the Authority, without just compensation.
3    (c) To accept conveyance of fee simple title to, or any
4lesser interest in, land, rights, or property conveyed by the
5Department of Transportation under Section 4-508.1 of the
6Illinois Highway Code.
7    (d) To establish presently the approximate locations and
8widths of rights of way for new high speed railway lines and
9future additions to the high speed rail system to inform the
10public and prevent costly and conflicting development of the
11land involved.
12    The Authority shall hold a public hearing whenever
13approximate locations and widths of rights of way for future
14high speed railway additions are to be established. The hearing
15shall be held in or near the county or counties in which the
16land to be used is located and notice of the hearing shall be
17published in a newspaper or newspapers of general circulation
18in the county or counties involved. Any interested person or
19his or her representative may be heard. The Authority shall
20evaluate the testimony given at the hearing.
21    The Authority shall make a survey and prepare a map showing
22the location and approximate widths of the rights of way needed
23for new high speed railway lines and future additions to the
24high speed railway system. The map shall show existing highways
25in the area involved and the property lines and owners of
26record of all land that will be needed for the new high speed

 

 

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1railway lines, future additions, and all other pertinent
2information. Approval of the map with any changes resulting
3from the hearing shall be indicated in the record of the
4hearing and a notice of the approval and a copy of the map
5shall be filed in the office of the recorder for all counties
6in which the land needed for future additions is located.
7    Public notice of the approval and filing shall be given in
8newspapers of general circulation in all counties in which the
9land is located and shall be served by registered mail within
1060 days after the approval to all owners of record of the land
11needed for future additions.
12    The Authority may approve changes in the map from time to
13time. The changes shall be filed and notice given in the manner
14provided for an original map.
15    After the map is filed and notice is given to the owners of
16record of the land needed for new high speed railway lines and
17future additions, no person shall incur development costs or
18place improvements in, upon, or under the land involved nor
19rebuild, alter, or add to any existing structure without first
20giving 60 days' notice by registered mail to the Authority.
21This prohibition shall not apply to any normal or emergency
22repairs to existing structures. The Authority shall have 45
23days after receipt of that notice to inform the owner of the
24Authority's intention to acquire the land involved, after which
25it shall have an additional 120 days to acquire the land by
26purchase or to initiate action to acquire the land through the

 

 

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1exercise of the right of eminent domain. When the right of way
2is acquired by the Authority, no damages shall be allowed for
3any construction, alteration, or addition in violation of this
4subsection (d) unless the Authority has failed to acquire the
5land by purchase or has abandoned an eminent domain proceeding
6initiated in accordance with this subsection (d).
7    Any right of way needed for either new lines or additions
8to the HSR system may be acquired at any time by the Authority.
9The time of determination of the value of the property to be
10taken under this Section for new high speed railway lines or
11additions to the HSR system shall be the date of the actual
12taking, if the property is acquired by purchase, or the date of
13the filing of a complaint for condemnation, if the property is
14acquired through the exercise of the right of eminent domain,
15rather than the date when the map of the proposed right of way
16was filed of record.
17    (e) Not more than 10 years after a protected corridor is
18established under subsection (d) of this Section, and not later
19than the expiration of each 10-year period thereafter, the
20Authority shall hold a public hearing to discuss the viability
21and feasibility of the protected corridor. Following the
22hearing and giving due consideration to the information
23obtained at the hearing, the Board of Directors of the
24Authority shall vote to either continue or abolish the
25protected corridor.
26    (f) If the building line of a building used primarily for

 

 

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1the purpose of educating elementary or secondary students lies
2within 100 feet of any high speed railway line operated by the
3High Speed Rail Authority, the High Speed Rail Authority shall
4acquire the building, together with any property owned, leased,
5or utilized adjacent to it and pertaining to its educational
6operations, from the school district that owns or operates it,
7for just compensation. For purposes of this subsection (f),
8"just compensation" means the replacement cost of the building
9and adjacent property so that the students educated in the
10building have the opportunity to be educated according to
11standards prevailing in the State of Illinois.
 
12    Section 60. Acquisition by purchase or by condemnation. The
13Authority is authorized to acquire by purchase or by
14condemnation, in the manner provided for the exercise of the
15power of eminent domain under the Eminent Domain Act, any and
16all lands, buildings, and grounds necessary or convenient for
17its authorized purpose. The Authority shall comply with the
18Uniform Relocation Assistance and Real Property Acquisition
19Policies Act of 1970, and the implementing regulations in 49
20CFR Part 24 and is authorized to operate a relocation program
21and to pay relocation costs. If there is a conflict between the
22provisions of this Act and the provisions of the federal law or
23regulations, the provisions of this Act shall control, with the
24exception that the Authority shall use whichever law or
25regulation provides the highest payment limit. The Authority is

 

 

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1authorized to exceed the maximum payment limits of the Uniform
2Relocation Assistance and Real Property Acquisition Policies
3Act of 1970 when necessary to ensure the provision of decent,
4safe, or sanitary housing, or to secure a suitable relocation
5site. The Authority may not adopt rules to implement the
6federal law or regulations referenced in this Section unless
7those rules have received the prior approval of the Joint
8Committee on Administrative Rules.
 
9    Section 65. Eminent domain. Notwithstanding any other
10provision of this Act, any power granted under this Act to
11acquire property by condemnation or eminent domain is subject
12to, and shall be exercised in accordance with, the Eminent
13Domain Act.
 
14    Section 70. Acquisition of property.
15    (a) Prior to the initiation of negotiations, the Authority
16shall establish an amount that it believes is just compensation
17for the property. The amount shall not be less than the
18appraisal of the fair market value of the property. Promptly
19thereafter, the Authority shall make a written offer to the
20owner to acquire the property for the full amount believed to
21be just compensation. Along with the initial written purchase
22offer, the owner shall be given a written statement of the
23basis for the offer. For owner-occupied dwellings, upon the
24owner's request, the Authority shall exchange its approved

 

 

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1appraisal with the owner's appraisal obtained from a State
2certified general real estate appraiser.
3    (b) The Authority shall make every reasonable effort to
4contact the owner or the owner's representative and discuss its
5offer to purchase the property. The owner shall be given every
6reasonable opportunity to consider the offer and present
7material that the owner believes is relevant to determining the
8value of the property, including an appraisal obtained by the
9owner from a State certified general real estate appraiser, and
10to suggest modifications in the proposed terms and conditions
11of the purchase. The Authority shall pay for the cost of the
12owner's appraisal for an owner-occupied dwelling.
13    (c) To the extent permitted by applicable law, the
14appraiser shall disregard any decrease or increase in the fair
15market value of the real property caused by the project for
16which the property is to be acquired, or caused by the
17likelihood that the property would be acquired for the project,
18other than that due to the physical deterioration of the
19property that was within the reasonable control of the owner.
20If comparable sales of similar properties are factored into the
21amount of just compensation offered by the Authority, those
22comparable sales must have been with respect to property
23located outside the protected corridor.
24    (d) When the Authority acquires an owner-occupied dwelling
25the Authority shall reimburse the property owner up to $500 for
26reasonable attorney's fees actually incurred by the property

 

 

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1owner related to closing costs in conjunction with the property
2owner's purchase of a replacement dwelling.
 
3    Section 75. Land disclosure requirements.
4    (a) Disclosure required. The Authority may not enter into
5any agreement or understanding for the use or acquisition of
6land that is intended to be used or acquired for high speed
7railway purposes unless full disclosure of all beneficial
8interests in the land is made under this Section.
9    (b) Condemnation proceedings. If the Authority commences
10condemnation proceedings to acquire land that is intended to be
11used or acquired for high speed railway purposes, the holders
12of all beneficial interests in the land must make full
13disclosure under this Section, unless the court determines that
14the disclosure would cause irreparable harm to one or more
15holders of a beneficial interest.
16    (c) Beneficial interests. Each holder of any beneficial
17interest in the land, including without limitation beneficial
18interests in a land trust, must be disclosed, including both
19individuals and other entities. If any beneficial interest is
20held by an entity, other than an entity whose shares are
21publicly traded, and not by an individual, then all the holders
22of any beneficial interest in that entity must be disclosed.
23This requirement continues at each level of holders of
24beneficial interests until all beneficial interests of all
25individuals in all entities, other than entities whose shares

 

 

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1are publicly traded, have been disclosed.
2    (d) Written statement. Disclosure must be made by a written
3statement filed (i) with the Authority contemporaneously with
4the execution of the agreement or understanding; or (ii) in the
5case of a condemnation proceeding, with the Authority and the
6court within a time period ordered by the court. Each
7individual and entity must be disclosed by name and address and
8by a description of the interest held, including the percentage
9interest in the land held by the individual or entity. The
10statement must be verified, subject to penalty of perjury, by
11the individual who holds the greatest percentage of beneficial
12interest in the land.
13    (e) Recordation. The Authority must file the statement of
14record with the recorder of each county in which any part of
15the land is located within 3 business days after the statement
16is filed with the Authority.
17    (f) Agreements and understandings void. Any agreement or
18understanding in violation of this Act is void.
19    (g) Penalty. A person who knowingly violates this Section
20is guilty of a business offense and shall be fined $10,000.
21    (h) Other disclosure requirements. The disclosure required
22under this Act is in addition to, and not in lieu of, any other
23disclosure required by law.
 
24    Section 80. Owner retention of certain items. The owner of
25property to be acquired by the Authority shall have the right

 

 

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1to retain ownership of a dwelling's cabinets, moldings, and
2fixtures. If the Authority acquires the dwelling, the property
3owner may remove cabinets, moldings, and fixtures if stipulated
4in the agreement to purchase the property.
 
5    Section 85. Condemnation proceeding expenses. The owner of
6property to be acquired by the Authority shall be reimbursed
7for any reasonable expenses, including reasonable attorney,
8appraisal, and engineering fees, that the owner actually
9incurred because of a condemnation proceeding if:
10        (1) the final judgment of the court is that the
11    Authority cannot acquire the property by condemnation; or
12        (2) the condemnation proceeding is abandoned by the
13    Authority other than under an agreed-upon settlement.
 
14    Section 90. Comparable replacement dwelling; additional or
15supplemental housing payment. Whenever the cost of a comparable
16replacement dwelling is greater than what the Authority paid
17the property owner, the Authority shall provide additional or
18supplemental housing payments. No person shall be required to
19move from a dwelling unless comparable replacement housing is
20available to the person. The total of additional or
21supplemental housing payments to a property owner under this
22Section shall not exceed $25,000.
 
23    Section 95. Moving expenses and direct losses of personal

 

 

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1property caused by displacement. The Authority is authorized to
2pay, as part of the cost of construction of any project on a
3high speed railway, to any person displaced by the highway
4project (1) actual reasonable expenses in moving himself or
5herself, his or her family, and his or her business, farm
6operation, or other personal property; (2) actual direct losses
7of tangible personal property as a result of moving or
8discontinuing a business or farm operation, but not to exceed
9an amount equal to the reasonable expenses that would have been
10required to relocate the property, as determined by the
11Authority; (3) actual reasonable expenses in searching for a
12replacement business or farm; and (4) actual reasonable
13expenses necessary to reestablish a displaced farm, nonprofit
14organization, or small business at its new site, but not to
15exceed $10,000.
 
16    Section 100. Expense and dislocation allowance. In lieu of
17the payments authorized to be paid under this Act, the
18Authority may pay any person displaced from a dwelling, who
19elects to accept the payment, an expense and dislocation
20allowance which shall be determined according to a schedule
21established by the Authority.
 
22    Section 105. Relocation payments. In lieu of the payments
23authorized to be paid under this Act, the Authority may pay any
24person who moves or discontinues his or her business or farm

 

 

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1operation, who elects to accept the payment, a fixed relocation
2payment in an amount equal to the average annual net earnings
3of the business or the farm operation, except that the payment
4shall be not less than $1,000 nor more than $20,000.
 
5    Section 110. Additional payments for dwelling and rental of
6dwelling.
7    (a) In addition to the amounts authorized to be paid under
8this Act by the Authority, the Authority may, as a part of the
9cost of construction, make a payment not to exceed $25,000 to
10any displaced person who is displaced from a dwelling acquired
11for a high speed railway project actually owned and occupied by
12the displaced person for not less than 180 days before the
13initiation of negotiations for the acquisition of the property.
14The payment shall include the following elements:
15        (1) the amount, if any, which, when added to the
16    acquisition cost of the dwelling acquired equals the
17    reasonable cost of a comparable replacement dwelling
18    determined in accordance with standards established by the
19    Authority to be a decent, safe, and sanitary dwelling
20    adequate to accommodate the displaced person, reasonably
21    accessible to public services and places of employment, and
22    available on the private market;
23        (2) the amount, if any, which will compensate the
24    displaced person for any increased interest costs which the
25    person is required to pay for financing the acquisition of

 

 

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1    any such comparable replacement dwelling. The amount shall
2    be paid only if the dwelling acquired by the Authority was
3    encumbered by a bona fide mortgage which was a valid lien
4    on the dwelling for not less than 180 days before the
5    initiation of negotiations for the acquisition of the
6    dwelling; and
7        (3) reasonable expenses incurred by the displaced
8    person for evidence of title, recording fees, and other
9    closing costs incident to the purchase of the replacement
10    dwelling, but not including prepaid expenses.
11    (b) The additional payment authorized under subsection (a)
12of this Section shall not exceed $25,000 and shall be made only
13to a displaced person who purchases and occupies a replacement
14dwelling that meets the standards established by the Authority
15to be decent, safe, and sanitary, not later than the end of the
16one year period beginning on the date on which he or she
17receives from the Authority final payment of all costs of the
18acquired dwelling, or on the date on which he or she moves from
19the dwelling acquired for the highway project, whichever is the
20later date.
21    (c) Any displaced person who is not eligible to receive
22payment under subsection (a) of this Section and who is
23displaced from any dwelling which was actually and lawfully
24occupied by the displaced person for not less than 90 days
25before the initiation of negotiations for acquisition of the
26dwelling, may be paid by the Authority either (1) an amount

 

 

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1necessary to enable the displaced person to lease or rent, for
2a period not to exceed 42 months, a decent, safe, and sanitary
3dwelling of standards adequate to accommodate the person in
4areas not generally less desirable in regard to public
5utilities and public and commercial facilities and reasonably
6accessible to his or her place of employment, but not to exceed
7the sum of $5,250; or (2) the amount necessary to enable the
8person to make a down payment, including incidental expenses
9under item (1) of this subsection (c), on the purchase of a
10decent, safe, and sanitary dwelling of standards adequate to
11accommodate the person in areas not generally less desirable in
12regard to public utilities and public and commercial
13facilities, but not to exceed the amount payable under item (1)
14of this subsection (c), except that in the case of a homeowner
15who owned and occupied the displaced dwelling for at least 90
16days but not more than 180 days immediately before the
17initiating of negotiations, the down payment shall not exceed
18the amount payable under this Act for persons who owned and
19occupied the property for 180 days before the initiation of
20negotiations.
21    (d) If comparable replacement sale or rental housing is not
22available within the limitations of this Section, the Authority
23may make a payment in excess of the maximum payments authorized
24by this Section as required to provide replacement housing.
 
25    Section 115. Reimbursement for certain expenses and

 

 

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1mortgage penalty. In addition to the other amounts authorized
2to be paid under this Act, the Authority may reimburse the
3owner of real property acquired for a high speed railway
4project the reasonable and necessary expenses incurred for (1)
5recording fees, transfer taxes, and similar expenses
6incidental to conveying the real property; and (2) penalty
7costs for prepayment of any pre-existing recorded mortgages
8entered into in good faith encumbering the real property.
 
9    Section 120. Construction in relation to eminent domain.
10Nothing contained in this Act creates in any proceedings
11brought under the power of eminent domain any element of
12damages not in existence on the effective date of this Act.
 
13    Section 125. The Authority shall have power:
14    (a) To pass resolutions, make by-laws, rules, and
15regulations for the management, regulation, and control of its
16affairs, and to fix fares, and to make, enact, and enforce all
17needful rules and regulations in connection with the
18construction, operation, management, care, regulation, or
19protection of its property or any high speed railway lines,
20constructed or reconstructed hereunder.
21    (b) To fix, assess, and collect civil fines for any
22passenger utilizing a train on a high speed railway without the
23required fare having been paid. The Authority may establish by
24rule a system of civil administrative adjudication to

 

 

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1adjudicate only alleged instances of a passenger utilizing a
2train on a high speed railway without the required fare having
3been paid, as detected by the Authority's on-board personnel.
4    (c) To prescribe rules and regulations applicable to
5traffic on railways under the jurisdiction of the Authority,
6concerning:
7        (1) types of rolling stock permitted to use such
8    railways or parts thereof, and classification of such
9    rolling stock;
10        (2) communication and signaling protocols for train
11    movement, in accordance with the rules and regulations
12    currently enacted at the federal level; and
13        (3) control of the access, entrance, and exit of
14    vehicles and persons to and from the train stations along
15    the HSR lines;
16    (d) The Authority, in fixing the rate for fares for the
17privilege of using high speed railways, is authorized and
18directed, in fixing the rates, to base the same upon annual
19estimates to be made, recorded, and filed with the Authority.
20The estimates shall include the following: (1) the estimated
21total amount of the use of the high speed railways; and (2) the
22estimated amount of the revenue to be derived therefrom, which,
23when added to all other receipts and income, will be sufficient
24to pay the expense of maintaining and operating high speed
25railways, including the administrative expenses of the
26Authority, and to discharge all obligations of the Authority as

 

 

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1they become due and payable.
2    (e) To accept from any municipality or political
3subdivision any lands, easements, or rights in land needed for
4the operation, construction, relocation, or maintenance of any
5high speed railways, with or without payment, and in its
6discretion, to reimburse any municipality or political
7subdivision out of its funds for any cost or expense incurred
8in the acquisition of land, easements, or rights in land, in
9connection with the construction and relocation of high speed
10railways, widening and extending roads, streets, or avenues in
11connection therewith, or for the construction of any roads or
12streets forming extension to and connections with or between
13any high speed railways, or for the cost or expense of
14widening, grading, surfacing, or improving any existing
15streets or roads or the construction of any streets and roads
16forming extensions of or connections with any high speed
17railways constructed, relocated, operated, maintained, or
18regulated by the Authority. Where property owned by a
19municipality or political subdivision is necessary to the
20construction of an approved high speed railway, if the
21Authority cannot reach an agreement with such municipality or
22political subdivision and if the use to which the property is
23being put in the hands of the municipality or political
24subdivision is not essential to the existence or the
25administration of such municipality or political subdivision,
26the Authority may acquire the property by condemnation.
 

 

 

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1    Section 130. The Authority shall have power:
2    (a) To enter upon lands, waters, and premises in this State
3for the purpose of making surveys, soundings, drillings, and
4examinations as may be necessary, expedient, or convenient for
5the purposes of this Act, and such entry shall not be deemed to
6be a trespass, nor shall an entry for such purpose be deemed an
7entry under any condemnation proceedings which may be then
8pending; provided that the Authority shall make reimbursement
9for any actual damage resulting to such lands, waters and
10premises as the result of such activities.
11    (b) To construct, maintain, and operate train stations for
12the collection of fares or charges upon and along any high
13speed rail lines.
14    (c) To provide for the collection of fares and charges for
15the privilege of using the high speed rail lines. Before it
16adopts an increase in the rates for fare, the Authority shall
17hold a public hearing at which any person may appear, express
18opinions, suggestions, or objections, or direct inquiries
19relating to the proposed increase. Any person may submit a
20written statement to the Authority at the hearing, whether
21appearing in person or not. The hearing shall be held in the
22county in which the proposed increase of the rates is to take
23place. The Authority shall give notice of the hearing by
24advertisement on 3 successive days at least 15 days prior to
25the date of the hearing in a daily newspaper of general

 

 

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1circulation within the county within which the hearing is held.
2The notice shall state the date, time, and place of the
3hearing, shall contain a description of the proposed increase,
4and shall specify how interested persons may obtain copies of
5any reports, resolutions, or certificates describing the basis
6on which the proposed change, alteration, or modification was
7calculated. After consideration of any statements filed or oral
8opinions, suggestions, objections, or inquiries made at the
9hearing, the Authority may proceed to adopt the proposed
10increase of the rates for train fare. No change or alteration
11in or modification of the rates for train fare shall be
12effective unless at least 30 days prior to the effective date
13of the rates, notice shall be given to the public by
14publication in a newspaper of general circulation, and the
15notice or notices shall be posted and publicly displayed at
16each and every train station upon or along the high speed
17railway lines.
18    (d) To construct, at the Authority's discretion, grade
19separations at intersections with any railroads, waterways,
20street railways, streets, thoroughfares, public roads, or
21highways intersected by the high speed railway lines, and to
22change and adjust the lines and grades so as to accommodate the
23same to the design of such grade separation and to construct
24interchange improvements. The Authority is authorized to
25provide such grade separations or interchange improvements at
26its own cost or to enter into contracts or agreements with

 

 

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1reference to division of cost therefor with any municipality or
2political subdivision of the State of Illinois, or with the
3Federal Government, or any agency thereof, or with any
4corporation, individual, firm, person, or association. Where
5such structures have been built by the Authority and a local
6highway agency did not enter into an agreement to the contrary,
7the Authority shall maintain the entire structure, including
8the road surface, at the Authority's expense.
9    (e) To contract with and grant concessions to or lease or
10license to any person, partnership, firm, association, or
11corporation so desiring the use of any part of any high speed
12railway lines, excluding the tracked portions, but including
13the right of way adjoining under or over the paved portions for
14the placing of telephone, telegraph, electric, power lines and
15other utilities, and for the placing of pipe lines, and to
16enter into operating agreements with or to contract with and
17grant concessions to or to lease to any person, partnership,
18firm, association or, corporation so desiring the use of any
19part of the high speed railways, excluding the paved portions,
20but including the right of way adjoining, or over the paved
21portions for motor fuel service stations and facilities,
22garages, stores, and restaurants, or for any other lawful
23purpose, and to fix the terms, conditions, rents, rates, and
24charges for that use.
25    The Authority shall also have power to establish reasonable
26regulations for the installation, construction, maintenance,

 

 

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1repair, renewal, relocation, and removal of pipes, mains,
2conduits, cables, wires, towers, poles, and other equipment and
3appliances (herein called public utilities) of any public
4utility as defined in the Public Utilities Act along, over, or
5under any high speed railway project. Whenever the Authority
6shall determine that it is necessary that any such public
7utility facilities which now are located in, on, along, over,
8or under any project or projects be relocated or removed
9entirely from any such project or projects, the public utility
10owning or operating such facilities shall relocate or remove
11the same in accordance with the order of the Authority. All
12costs and expenses of such relocation or removal, including the
13cost of installing such facilities in a new location or
14locations, and the cost of any land or lands, or interest in
15land, or any other rights required to accomplish such
16relocation or removal shall be ascertained and paid by the
17Authority as a part of the cost of any such project or
18projects, and further, there shall be no rent, fee, or other
19charge of any kind imposed upon the public utility owning or
20operating any facilities ordered relocated on the properties of
21the Authority and the Authority shall grant to the public
22utility owning or operating the facilities and its successors
23and assigns the right to operate the same in the new location
24or locations for as long a period and upon the same terms and
25conditions as it had the right to maintain and operate such
26facilities in their former location or locations.

 

 

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1    (f) To enter into an intergovernmental agreement or
2contract with a unit of local government or other public or
3private entity for the collection, enforcement, and
4administration of fares, fees, revenue, and violations.
 
5    Section 135. Public-private partnerships. The Authority
6may exercise all powers granted to it under the Public-Private
7Partnerships for Transportation Act.
 
8    Section 140. Signs. The Authority shall erect and maintain
9at connecting roads to each wayside maintenance facility and to
10each passenger station located along any high speed railway
11line suitable signs showing the name of the train station or
12the wayside facility in either direction along each such
13connecting road. The size and designations on such signs and
14the distance from intersections where they shall be erected
15shall conform to the Illinois Manual on Uniform Traffic Control
16Devices for Streets and Highways.
 
17    Section 145. Grants. The Authority is authorized, without
18limitation to the foregoing powers, to accept grants from and
19enter into contracts, leases, or other transactions with the
20Federal Government, or any agency thereof, necessary or
21expedient to carry out the provisions of this Act.
 
22    Section 150. Proposal; advisory committee.

 

 

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1    (a) The Authority shall, prior to the commencement of any
2engineering and traffic study or studies to determine the
3feasibility of constructing additional high speed railway
4lines within the State of Illinois, submit to the Governor for
5his or her approval, the route, or routes, proposed for new and
6additional high speed railway lines together with an estimate
7of the cost of the proposed study or studies. If the Governor
8approves the proposed study or studies and the estimated cost,
9or fails to disapprove the proposed study or studies and the
10estimate of cost, within 30 days after its receipt, the
11Authority may proceed with the study or studies.
12    (b) The Authority shall create a local advisory committee
13of members from each county in which any portion of a new or
14additional high speed railway is proposed to be constructed.
15The committee members shall be designated by township and
16municipal governing bodies in proportion to the percentage of
17corridor property situated within the unincorporated area of a
18township and incorporated municipalities located in the same
19township. No less than 50% of the members of this committee
20shall be representatives of organized citizen groups directly
21affected by the proposed corridor. All meetings shall be held
22in compliance with the Open Meetings Act. The committee shall
23consider and advise the Authority with respect to the impact on
24property owners, land use, and other impacts of the proposed
25high speed railway. The committee shall be dissolved when one
26year has elapsed since the opening of the high speed railway

 

 

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1for which the committee was created.
 
2    Section 155. Preliminary plans. The Authority shall, prior
3to the issuance of any bonds under this Act, except refunding
4bonds, prepare and submit to the Governor for his approval
5preliminary plans showing the proposed location of the route or
6routes of the particular high speed railway for which the bonds
7are to be issued, which shall designate the approximate point
8of the commencement and the termination of the route or routes
9and shall also designate the municipalities to be afforded
10reasonable connections, and to be served by the route or
11routes. The Authority shall at the same time submit to the
12Governor for his or her approval preliminary estimates of the
13cost of the construction of the high speed railway, shown on
14the preliminary plans. If the Governor shall approve the
15preliminary plans and the estimate of the cost, the Authority
16may proceed with the issuance of the bonds. Prior to the
17issuance of bonds for or the commencement of construction of
18any new high speed railway, however, that particular high speed
19railway shall be authorized by joint resolution of the General
20Assembly.
 
21    Section 160. Public hearing. Prior to submission of
22preliminary plans to the Governor, the Authority shall hold a
23public hearing at which any person may appear, express
24opinions, suggestions, or objections, or direct inquiries

 

 

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1relating to the proposed high speed railway to the Directors.
2Any person may submit a written statement to the Authority at
3the hearing, whether appearing in person or not. The hearing
4shall be held in a county through which the proposed high speed
5railway is to be constructed and shall be attended by at least
65 Directors. The Authority shall give notice of the hearing by
7advertisement on 3 successive days at least 15 days prior to
8the date of the hearing in a daily newspaper published in and
9of general circulation in each county through which the
10proposed high speed railway is to be constructed or, if there
11be no such newspaper, then in a daily newspaper of general
12circulation in the county. The notice shall state the date,
13time, and place of the hearing, the route of the proposed high
14speed railway, the municipalities to be afforded immediate
15access, and the estimated cost of the proposed high speed
16railway. The proceedings at the hearing shall be transcribed
17and the transcript shall be made available at reasonable hours
18for public inspection and a copy, together with a copy of all
19written statements submitted at the hearing, shall be submitted
20to the Governor with the Authority's preliminary plans.
 
21    Section 165. Contracts.
22    (a) All contracts let for the construction of any work
23authorized to be done under the provisions of the Act, where
24the amount is in excess of a small purchase amount, as defined
25in Section 20-20 of the Illinois Procurement Code, shall be let

 

 

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1to the lowest responsible bidder, or bidders, on open,
2competitive bidding after public advertisement made at least 15
3days prior to the opening of bids, in the Illinois Procurement
4Bulletin, in such manner and at such intervals as may be
5prescribed by the Authority, except for contracts for the
6completion of a terminated or defaulted contract. The
7successful bidders for the work shall enter into contracts
8furnished and prescribed by the Authority. The contracts shall
9contain a provision that the successful bidder shall indemnify
10and save harmless the State of Illinois for any accidental
11injuries or damages arising out of negligence in the
12performance of the contract, and shall execute and give bonds,
13payable to the Authority, with a corporate surety authorized to
14do business under the laws of the State of Illinois, equal to
15at least 50% of the contract price, one conditioned upon
16faithful performance of the contract and the other for the
17payment of all labor furnished and materials supplied in the
18prosecution of the contracted work.
19    (b) All contracts for services or supplies required from
20time to time by the Authority in the maintenance and operation
21of any high speed railway under this Act or all direct
22contracts for supplies to be used in the construction of any
23high speed railway to be awarded under this Section, rather
24than as a part of a contract under this Section, when the
25amount of any such supplies or services is in excess of a small
26purchase amount, as defined in Section 20-20 of the Illinois

 

 

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1Procurement Code, shall be let to the lowest responsible bidder
2or bidders, on open, competitive bidding after public
3advertisement made at least 5 days prior to the opening of
4bids, in the Illinois Procurement Bulletin, in the manner and
5on one or more occasions as may be prescribed by the Authority,
6except that bidding shall not be required:
7        1. if the goods or services to be procured are
8    economically procurable from only one source, such as
9    contracts for telephone service, electric energy and other
10    public utility services, housekeeping services, books,
11    pamphlets and periodicals, and specially designed business
12    equipment and software;
13        2. if the services required are for professional,
14    technical, or artistic skills;
15        3. if the services required are for advertising,
16    promotional, and public relations services;
17        4. in emergencies if an affidavit of the person or
18    persons authorizing the expenditure is filed with the
19    Authority and the Auditor General within 10 days after such
20    authorization setting forth the conditions and
21    circumstances requiring the emergency purchase, the amount
22    expended, and the name of the vendor or contractor
23    involved; however, if only an estimate is available within
24    the 10 days allowed for filing the affidavit, the actual
25    cost shall be reported immediately after it is determined;
26        5. in case of expenditures for personal services;

 

 

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1        6. for contracts for equipment and spare parts for the
2    maintenance and operation of any high speed railway,
3    whenever the Authority shall, by resolution, declare and
4    find that a particular make and type of equipment is
5    required for efficient maintenance and operation and
6    proper servicing, for uniformity in and integration with
7    the spare parts program and inventory control, or for other
8    reasons peculiar to the problems of the high speed railway
9    or its previously acquired equipment; however, competition
10    and competitive bids shall be obtained by the Authority
11    with respect to such specified equipment or spare parts,
12    insofar as possible, and when effective, pursuant to public
13    advertisement as hereinbefore provided.
14        7. for contracts for insurance, fidelity, and surety
15    bonds; and
16        8. for contracts or agreements for the completion of a
17    terminated or defaulted contract or agreement.
18    (c) The solicitation for bids shall be in conformance with
19accepted business practices and the method of solicitation
20shall be set out in detail in the rules and regulations of the
21Authority.
22    (d) Proposals received under public advertisement shall be
23publicly opened at the day and hour and at the place specified
24in the solicitation for such bids.
25    (e) Successful bidders for services and supplies shall
26enter into contracts furnished and prescribed by the Authority.

 

 

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1    (f) All purchases, contracts, or other obligations or
2expenditures of funds by the Authority shall be in accordance
3with rules and regulations governing the Authority's
4procurement practice and procedures and the Authority shall
5promulgate and publish such practices and procedures in
6sufficient number for distribution to persons interested in
7bidding on purchases or contracts to be let by the Authority.
8The rules and regulations shall be kept on file with the
9Secretary of the Authority at all times and shall be available
10for inspection by members of the public at all reasonable times
11and hours. The rules and regulations shall be filed and become
12effective in connection with the Illinois Administrative
13Procedure Act.
14    (g) Any contract entered into for purchase or expenditure
15of funds of the Authority made in violation of this Act or the
16Authority's rules and regulations is void and of no effect.
17    (h) Warrant. All sellers to the Authority shall attach a
18statement to the delivery invoice attesting that the standards
19set forth in the contracts have been met. The statement shall
20be substantially in the following form:
21    "The Seller,.... hereby certifies that the goods,
22merchandise and wares shipped in accordance with the attached
23delivery invoice have met all the required standards set forth
24in the purchasing contract. ....(Seller)."
25    (i) Whoever violates the provisions of this Section, or the
26rules and regulations adopted in pursuance of it, is guilty of

 

 

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1a Class A misdemeanor.
 
2    Section 170. Financial benefit prohibited.
3    (a) A director, employee, or agent of the Authority may not
4receive a financial benefit from a contract let by the
5Authority during his or her term of service with the Authority
6and for a period of one year following the termination of his
7or her term of service as a director of the Authority or as an
8employee or agent of the Authority.
9    (b) A member of the immediate family or household of a
10director, employee, or agent of the Authority may not receive a
11financial benefit from a contract let by the Authority during
12the immediate family or household member's term of service with
13the Authority and for a period of one year following the
14termination of the immediate family or household member's term
15of service as a director of the Authority or as an employee or
16agent of the Authority.
17    (c) A director, employee, or agent of the Authority may not
18use material non-public information for personal financial
19gain nor may he or she disclose that information to any other
20person for that person's personal financial gain when that
21information was obtained as a result of his or her
22directorship, employment, or agency with the Authority.
23    (d) A member of the immediate family or household of a
24director, employee, or agent of the Authority may not use
25material non-public information for personal financial gain

 

 

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1nor may he or she disclose that information to any other person
2for that person's personal financial gain when that information
3was obtained as a result of his or her immediate family or
4household member's directorship, employment, or agency with
5the Authority.
6    (e) For purposes of this Section, "immediate family or
7household member" means the spouse, child, parent, brother,
8sister, grandparent, or grandchild, whether of the whole blood
9or half blood or by adoption, or a person who shares a common
10dwelling with a director of the Authority or with an employee
11or agent of the Authority.
 
12    Section 175. Disadvantaged businesses.Consistent with
13general law, the Authority shall:
14    (a) set goals for the award of contracts to disadvantaged
15businesses and attempt to meet the goals;
16    (b) attempt to identify disadvantaged businesses that
17provide or have the potential to provide supplies, materials,
18equipment, or services to the Authority;
19    (c) give disadvantaged businesses full access to the
20Authority's contract bidding process, inform the businesses
21about the process, offer the businesses assistance concerning
22the process, and identify and take all reasonable steps to
23remove barriers to the businesses' participation in the
24process.
 

 

 

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1    Section 180. Bonds.
2    (a) The Authority may from time to time issue bonds for any
3lawful purpose, including, without limitation, the costs of
4issuance of and all bonds or other obligations of the Authority
5issued pursuant to this Act shall be and are hereby declared to
6be negotiable for all purposes notwithstanding their payment
7from a limited source and without regard to any other law or
8laws.
9    (b) The bonds of every issue shall be payable solely out of
10revenues of the Authority, accumulated reserves or sinking
11funds, bond proceeds, proceeds of refunding bonds, or
12investment earnings as the Authority shall specify in a bond
13resolution.
14    (c) The bonds may be issued as serial bonds or as term
15bonds, or the Authority, in its discretion, may issue bonds of
16both types. The bonds shall be authorized by a bond resolution
17of the Authority, may be issued in one or more series and shall
18bear such date or dates, mature at such time or times not
19exceeding 25 years from their respective date or dates of
20issue, bear interest at such rate or rates, fixed or variable,
21without regard to any limit contained in any other statute or
22law of the State of Illinois, be payable as to principal and
23interest at such time or times, be in such denominations, be in
24such form, either coupon or fully registered, carry such
25registration and conversion privileges, be payable in lawful
26money of the United States of America at such places, be

 

 

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1subject to such terms of redemption and may contain such other
2terms and provisions, as such bond resolution or resolutions
3may provide. The bonds shall be executed by the manual or
4facsimile signatures of the chairperson and the secretary. In
5case any of the officers whose signature appears on the bonds
6or coupons, if any, shall cease to be an officer before the
7delivery of the bonds, such signature shall nevertheless be
8valid and sufficient for all purposes, as if he or she had
9remained in office until the delivery of the bonds. The bonds
10shall be sold in a manner as the Authority shall determine. The
11proceeds from the sale of bonds shall be paid to the Treasurer
12of the State of Illinois as ex officio custodian. Pending
13preparation of the definitive bonds, the Authority may issue
14interim receipts or certificates which shall be exchanged for
15the definitive bonds.
16    (d) Any bond resolution or trust indenture entered into
17pursuant to a bond resolution may contain provisions, which
18shall be a part of the contract with the holders of the bonds
19to be authorized, as to: (i) pledging or creating a lien upon
20all or part of the revenues of the Authority or any reserves,
21sinking funds, bond proceeds, or investment earnings; (ii) the
22setting aside of reserves or sinking funds and the regulation,
23investment, and disposition thereof; (iii) the use and
24maintenance requirements for the high speed railways; (iv) the
25purposes to which or the investments in which the proceeds of
26sale of any series or issue of bonds then or thereafter to be

 

 

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1issued may be applied; (v) the issuance of additional bonds,
2the terms upon which additional bonds may be issued and
3secured, the purposes for such additional bonds, and the terms
4upon which additional bonds may rank on a parity with, or be
5subordinate or superior to, other bonds; (vi) the refunding of
6outstanding bonds; (vii) the procedure, if any, by which the
7terms of any contract with bondholders may be amended or
8abrogated, the amount of bonds the holders of which must
9consent to, and the manner in which such consent may be given;
10(viii) defining the acts or omissions to act which shall
11constitute a default in the duties of the Authority to holders
12of its obligations and providing the rights and remedies of the
13holders in the event of a default; and (ix) any other matters
14relating to the bonds which the Authority deems desirable.
15    (e) Neither the directors of the Authority nor any person
16executing the bonds shall be liable personally on the bonds or
17be subject to any personal liability or accountability by
18reason of the issuance thereof.
19    (f) The Authority shall have power out of any funds
20available to purchase its bonds. The Authority may hold,
21pledge, cancel, or resell the bonds subject to and in
22accordance with agreements with bondholders.
23    (g) In the discretion of the Authority, any bonds issued
24under the provisions of this Act may be secured by a trust
25indenture by and between the Authority and a trustee or
26trustees, which may be any trust company or bank in the State

 

 

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1of Illinois having the powers of a trust company and possessing
2capital and surplus of not less than $50,000,000. The bond
3resolution or trust indenture providing for the issuance of
4bonds so secured shall pledge such revenues of the Authority,
5sinking funds, bond proceeds, or investment earnings as may be
6specified, may contain such provisions for protecting and
7enforcing the rights and remedies of the bondholders as may be
8reasonable and proper and not in violation of law, including
9particularly such provisions as have been specifically
10authorized to be included in any bond resolution or trust
11indenture of the Authority, and may restrict the individual
12right of action by bondholders. In addition to the foregoing,
13any bond resolution or trust indenture may contain other
14provisions as the Authority may deem reasonable and proper for
15the security of the bondholders, including, but not limited to,
16the purchase of bond insurance and the arrangement of letters
17of credit, lines of credit, or other credit or liquidity
18enhancement facilities; except, however, there shall be no
19pledge of the high speed railway line or any part thereof. All
20expenses incurred in carrying out the provisions of any bond
21resolution or trust indenture may be treated as a part of the
22cost of the operation of the high speed railway lines.
23    (h) Bonds issued under the authority of this Act do not,
24and shall state upon the face of each bond that they do not,
25represent or constitute a debt of the Authority or of the State
26of Illinois within the meaning of any constitutional or

 

 

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1statutory limitation or a pledge of the faith and credit of the
2Authority or the State of Illinois, or grant to the owners or
3holders thereof any right to have the Authority or the General
4Assembly levy any taxes or appropriate any funds for the
5payment of the principal or interest. The bonds shall be
6payable and shall state that they are payable solely from the
7revenues and the sources authorized under this Act and pledged
8for their payment in accordance with the bond resolution or
9trust indenture.
10    Nothing in this Act shall be construed to authorize the
11Authority or any department, board, commission, or other agency
12to create an obligation of the State of Illinois within the
13meaning of the Constitution or Statutes of Illinois. Any
14resolution or trust indenture authorizing the issuance of the
15bonds may include provision for the issuance of additional
16bonds. All resolutions of the Authority to carry the adopted
17bond resolutions into effect, to provide for the sale and
18delivery of the bonds, for letting of contracts for the
19construction of high speed railways, and the acquisition of
20real and personal property deemed by the Authority necessary or
21convenient for the construction of high speed railways, shall
22not require the approval of the Governor or of any other
23department, division, commission, bureau, board, or other
24agency of the State.
 
25    Section 185. Expenses. The sums of money appropriated by

 

 

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1the General Assembly for the payment of ordinary and contingent
2expenses of the Authority or the payment of compensation of the
3members of the Authority expended as a part of the cost of a
4high speed railway financed by revenue bonds issued and sold by
5the Authority under this Act shall be repaid to the State
6Treasury out of the proceeds of the sale of such bonds, for
7deposit in the fund from which the sums were appropriated. Any
8sums remaining unpaid because expended for preliminary
9investigation of high speed railway routes not constructed
10shall be repaid by the Authority out of the proceeds of the
11sale of any of the bonds issued to finance additional high
12speed railways or extensions of existing high speed railways.
 
13    Section 190. Fares. The Authority shall fix and revise from
14time to time, fares, charges, or rates for the privilege of
15using each of the high speed railways constructed under this
16Act. The fares shall be fixed and adjusted at rates calculated
17to provide the lowest reasonable fare rates that will provide
18funds sufficient with other revenues of the Authority to pay
19(1) the cost of the construction of a high speed railway
20authorized by joint resolution of the General Assembly and the
21reconstruction, major repairs, or improvements of high speed
22railways; (2) the cost of maintaining, repairing, regulating,
23and operating the high speed railways, including only the
24necessary expenses of the Authority; and (3) the principal of
25all bonds, bond interest, and all sinking fund requirements and

 

 

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1other requirements provided by resolutions authorizing the
2issuance of the bonds as they shall become due. In fixing the
3fare rates under this Act, the Authority shall take into
4account the effect of the provisions of this Section permitting
5the use of the high speed railway system without payment of the
6covenants of the Authority contained in the resolutions and
7trust indentures authorizing the issuance of bonds of the
8Authority. No provision permitting the use of the high speed
9railway system without payment of fares after the effective
10date of this Act shall be applied in a manner that impairs the
11rights of bondholders pursuant to any resolution or trust
12indentures authorizing the issuance of bonds of the Authority.
13The use and disposition of any sinking or reserve fund shall be
14subject to such regulation as may be provided in the resolution
15or trust indenture authorizing the issuance of the bonds.
16Subject to the provisions of any resolution or trust indenture
17authorizing the issuance of bonds, any moneys in any sinking
18fund in excess of an amount equal to one year's interest on the
19bonds then outstanding secured by the sinking fund may be
20applied to the purchase or redemption of bonds. All bonds so
21redeemed or purchased shall be cancelled and shall not again be
22issued.
 
23    Section 195. Refunding bonds.
24    (a) The Authority is hereby authorized, by resolution, to
25provide for the issuance, from time to time, of refunding or

 

 

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1advance refunding bonds for the purpose of refunding any bonds
2then outstanding at maturity or on any redemption date, whether
3an entire issue or series, or one or more issues or series, or
4any portions or parts of any issue or series, which shall have
5been issued by the Authority.
6    (b) The proceeds of any such refunding bonds may be used
7for any one or more of the following purposes:
8        (1) to pay the principal amount of any outstanding
9    bonds to be retired at maturity or redeemed prior to
10    maturity;
11        (2) to pay the total amount of any redemption premium
12    incident to redemption of such outstanding bonds to be
13    refunded;
14        (3) to pay the total amount of any interest accrued or
15    to accrue to the date or dates of redemption or maturity of
16    such outstanding bonds to be refunded;
17        (4) to pay any and all costs or expenses incident to
18    such refunding;
19        (5) to make deposits into an irrevocable trust in
20    accordance with subsection (f) of this Section. Refunding
21    bonds may be issued in amounts sufficient to accomplish any
22    one or more of the foregoing purposes, taking into
23    consideration the income earned on bond proceeds prior to
24    the application or without taking the income into
25    consideration.
26    (c) The issuance of refunding bonds, the maturities and

 

 

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1other details, the rights of the holders and the rights,
2duties, and obligations of the Authority in respect of the same
3shall be governed by the provisions of this Act, insofar as the
4same may be applicable, and may in harmony be adjusted and
5modified to conform to the facts and circumstances prevailing
6in each instance of issuance of such refunding bonds. The
7Authority need not comply with the requirements of any other
8law applicable to the issuance of bonds other than as set forth
9in this Act.
10    (d) With reference to the investment of the proceeds of any
11refunding bonds, the Authority shall not authorize or
12anticipate investment earnings exceeding such as are
13authorized or permitted under prevailing federal laws,
14regulations, and administrative rulings and interpretations
15relating to arbitrage bonds.
16    (e) The proceeds of any refunding bonds (together with any
17other funds available for application to refunding purposes, if
18so provided or permitted by resolution authorizing the issuance
19of refunding bonds, or in a trust indenture securing the same)
20may be placed in trust to be applied to the purchase,
21retirement at maturity, or redemption of the bonds to be
22refunded on dates as may be determined by the Authority.
23Pending the application, the proceeds of the refunding bonds
24and other available funds, if any, may be invested in direct
25obligations of, or obligations the principal of which and any
26interest on which are unconditionally guaranteed by, the United

 

 

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1States of America which shall mature, or which shall be subject
2to redemption by the holder at its option, not later than the
3respective date or dates when the proceeds and other available
4funds, if any, will be required for the refunding purpose
5intended or authorized.
6    (f) Upon: (1) the deposit of the proceeds of the refunding
7bonds (together with any other funds available for application
8to refunding purposes, if so provided or permitted by
9resolution authorizing the issuance of such refunding bonds, or
10in a trust indenture securing the same) in an irrevocable trust
11under a trust agreement with a trustee requiring the trustee to
12satisfy the obligations of the Authority to timely pay at
13maturity or upon prior redemption the outstanding bonds for
14which the proceeds of the refunding bonds and other funds, if
15any, are deposited, in an amount sufficient to satisfy the
16obligations of the Authority to timely pay at maturity or upon
17prior redemption such outstanding bonds; (2) the deposit in the
18irrevocable trust of direct obligations of, or obligations the
19principal and interest of which are unconditionally guaranteed
20by, the United States of America in an amount sufficient,
21without regard to investment earnings, to satisfy the
22obligations of the Authority to timely pay at maturity or upon
23prior redemption the outstanding bonds; or (3) the deposit in
24the irrevocable trust of obligations referred to in (2) above
25in an amount sufficient so that, taking into account investment
26earnings, upon maturity (or upon optional redemption by the

 

 

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1trustee) of the obligations amounts will be produced on a
2timely basis sufficient to satisfy the obligations of the
3Authority to timely pay at maturity or upon prior redemption of
4the outstanding bonds, the outstanding bonds shall be deemed
5paid and no longer be deemed to be outstanding for purposes of
6the resolution or trust indenture and all rights and
7obligations under any prior resolution or trust indenture shall
8be deemed discharged notwithstanding any provision of any
9outstanding bonds or any resolution or trust indenture
10authorizing the issuance of outstanding bonds; however, the
11holders of the outstanding bonds shall have an irrevocable and
12unconditional right to payment in full of all principal of and
13premium, if any, and interest on the outstanding bonds, at
14maturity or upon prior redemption, from the amounts on deposit
15in the trust. The trustee shall be any trust company or bank in
16the State of Illinois having the power of a trust company
17possessing capital and surplus of not less than $100,000,000.
18    (g) It is hereby found and determined that the contractual
19rights of the bondholders under any such prior resolution or
20trust indenture will not be impaired by a refunding this
21Section in that, the payment of such outstanding bonds having
22been provided for as set forth herein, the bondholders' rights
23and security as to payment of the principal of, premium, if
24any, and interest on such outstanding bonds will have been
25enhanced, and the bondholders shall suffer no financial loss.
 

 

 

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1    Section 200. Payment of bonds. When all bonds including
2refunding bonds and all interest thereon have been paid, or a
3sufficient amount for the payment of all bonds and interest due
4or accrued thereon has been set aside in trust for the benefit
5of the bondholders and shall continue to be held for that
6purpose, and when all money appropriated by the General
7Assembly has been repaid under this Act, the high speed
8railways and any connecting tunnels, bridges, approaches, or
9other appurtenances to such high speed railways shall become a
10part of the system of the State highways of the State of
11Illinois.
12    When all the obligations and all bonds including refunding
13bonds of the Authority have been paid, the Authority shall be
14dissolved and all funds of the Authority not required for the
15payment of bonds, interest, machinery, equipment, property or
16other obligations of the Authority shall be paid to the State
17Treasurer.
 
18    Section 205. Taxation. All property belonging to the
19Authority, and the high speed railways, shall be exempt from
20taxation. However, property that has been or shall be leased by
21the Authority to a private individual, association, or
22corporation for a use which is not exempted from taxation under
23Article 15 of the Property Tax Code is subject to taxation as
24provided in Section 9-195 of the Property Tax Code, regardless
25of any provision in such a lease to the contrary.
 

 

 

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1    Section 210. Legislative declaration; Authority budget.
2    (a) It is hereby declared, as a matter of legislative
3determination, that it is in the best interest of the State of
4Illinois, the public, and the holders of Authority bonds that
5Authority funds be expended only on goods and services that
6protect and enhance the efficiency, safety, and environmental
7quality of the high speed railway system.
8    (b) The Authority shall spend moneys received from the
9issuance of bonds and as fares or otherwise in the operation of
10the high speed railway system only on the following:
11        (1) operations and maintenance expenditures that are
12    reasonable and necessary to keep the high speed railway
13    system in a state of good repair in accordance with
14    contemporary highway safety and maintenance standards;
15        (2) principal and interest payments and payment of
16    other obligations the Authority has incurred in connection
17    with bonds issued under this Act;
18        (3) renewal and replacement expenditures necessary and
19    sufficient to protect and preserve the long-term
20    structural integrity of the high speed railway system; and
21        (4) system improvement expenditures necessary and
22    sufficient to improve and expand the high speed railway
23    system, subject to the requirements of this Act.
24    (c) Any moneys remaining after the expenditures listed in
25subsection (b) of this Section may be spent only for reasonable

 

 

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1and necessary Authority purposes that will enhance the safety,
2efficiency, and environmental quality of the high speed railway
3system in a cost-effective manner. Authority funds may not be
4spent for purposes not reasonably related to high speed railway
5operations and improvements or in a manner that is not
6cost-effective.
7    (d) The Authority must at all times maintain a reserve for
8maintenance and operating expenses that is no more than 130% of
9the operating expenses it has budgeted for its current fiscal
10year, unless the requirements of any bond resolution or trust
11indenture then securing obligations of the Authority mandate a
12greater amount.
13    (e) The Authority shall file with the Governor, the Clerk
14of the House of Representatives, the Secretary of the Senate,
15and the Commission on Government Forecasting and
16Accountability, on or prior to March 15th of each year, a
17written statement and report covering its activities for the
18preceding calendar year. The Authority shall present, to the
19committees of the House of Representatives designated by the
20Speaker of the House and to the committees of the Senate
21designated by the President of the Senate, an annual report
22outlining its planned revenues and expenditures. The Authority
23shall prepare an annual capital plan which identifies capital
24projects by location and details the project costs in correct
25dollar amounts. The Authority shall also prepare and file a
26ten-year capital plan that includes a listing of all capital

 

 

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1improvement projects contemplated during the ensuing ten-year
2period. The first ten-year capital plan shall be filed in
3within one year after the enactment of this Act and thereafter
4on the anniversary of each ten-year period.
5    (f) It shall be the duty of the Auditor General of the
6State of Illinois to annually to audit or cause to be audited
7the books and records of the Authority and to file a certified
8copy of the report of such audit with the Governor and with the
9Legislative Audit Commission, which shall be open to the public
10for inspection.
11    (g) The Authority shall hold a public hearing on its
12proposed annual budget, not less than 15 days before its
13directors meet to consider adoption of the annual budget, at
14which any person may appear, express opinions, suggestions, or
15objections, or direct inquiries relating to the proposed
16budget. The Authority must give notice of the hearing at least
1715 days prior to the hearing stating the time, place, and
18purpose of the hearing in a daily newspaper of general
19circulation throughout the Authority's service area and by
20posting the meeting notice and a copy of the proposed budget on
21the Authority's website. The proceedings at the hearing shall
22be transcribed. The transcript shall be made available at
23reasonable hours for public inspection, and a copy of the
24transcript, together with a copy of all written statements
25submitted at the hearing, shall be submitted to the directors
26before the vote on adoption of the proposed annual budget.

 

 

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1    (h) The Authority shall post on its website copies of its
2annual report and its budget for the current year, along with
3any other financial information necessary to adequately inform
4the public of the Authority's financial condition and capital
5plan.
6    (i) The requirements set forth in subsections (b) through
7(g) of this Section may not be construed or applied in a manner
8that impairs the rights of bondholders under any bond
9resolution or trust indenture entered into in accordance with a
10bond resolution authorized by the Authority's directors, nor
11may those requirements be construed as a limitation on the
12Authority's powers as set forth elsewhere in this Act.
 
13    Section 215. Illinois High Speed Rail Authority Fund.
14Except as otherwise provided in any bond resolution, the
15proceeds derived from the sale of bonds, and all receipts and
16income derived from fares, licenses, gifts, donations,
17concessions, fees, rentals, and all other revenues from
18whatever source derived, shall, within 3 days after receipt
19thereof, be paid to the Treasurer of the State of Illinois, and
20held by the Treasurer as a special fund known as the Illinois
21High Speed Rail Authority Fund, except that the Authority may
22retain portions of the Illinois High Speed Rail Authority Fund
23as a locally maintained construction fund revolving account and
24as a revenue fund revolving account, where authorized by a bond
25resolution, and as locally maintained change funds, where

 

 

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1necessary for the operations of the Authority. The State
2Treasurer shall be ex officio custodian of such special fund,
3which fund shall be held, invested and disbursed for the
4purposes provided herein upon the order of the Authority and in
5accordance with provisions and covenants of any bond resolution
6authorizing the issuance of bonds which have not been paid or
7deemed paid. The interest accruing on the special fund shall be
8computed and added to the principal every 6 months. In addition
9to the special audits prescribed by this Act, the Fund shall
10also be subject to audit in the same manner as is now or may be
11provided for the audit of State funds and accounts. The Fund
12shall be protected by a corporate surety bond, executed by the
13Treasurer, with a surety authorized to do business under the
14laws of the State of Illinois. The amount of bond shall be
15fixed by resolution of the Authority, approved by the Governor,
16and may be increased or diminished at any time. The premiums on
17the bond shall be payable from the funds of the Authority. The
18bond shall be subject to the approval of the Governor and
19Attorney General of the State of Illinois, and, when so
20approved, shall be filed in the office of the Secretary of
21State. The Fund shall be considered always appropriated for the
22purposes of disbursements, as provided in this Act, and shall
23be paid out and disbursed only as provided herein, and shall
24not, at any time be appropriated or diverted to any other use
25or purpose.
 

 

 

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1    Section 220. Payments. After the issuance of revenue bonds
2to finance the construction of high speed railways, and
3repayment from the proceeds of the bonds of any amount
4repayable to the State Treasury under this Act, the expenses of
5the Authority, and the compensation of the members, and all
6other costs of the high speed railways and its administration
7and operation shall be paid from the proceeds of such bond
8issues or from the moneys received by the Authority as fares or
9otherwise in the operation of the high speed railways.
 
10    Section 225. Power to levy taxes. The Authority shall have
11no power to levy taxes, or to pledge any of its property, other
12than income from whatever source derived for the payments of
13any of its debts or obligations.
 
14    Section 230. Violations. Any person who violates any
15resolution, rule, or regulation, adopted or promulgated by the
16Authority this Act, shall be guilty of a petty offense.
 
17    Section 235. Waste. It is unlawful for any person to
18deposit within the right-of-way limits of the high speed
19railways trash, glass, weeds, garbage, or other offensive
20matter; and any person so offending shall be guilty of a petty
21offense and shall be fined not more than $500.00. However, this
22Section shall not apply to proper deposits of harmless
23materials made in good faith and in a proper manner to repair

 

 

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1the high speed railways.
 
2    Section 240. Payment of fares. Any person who shall use any
3spurious or counterfeit tickets, coupons, or tokens in payment
4of any fare required to be paid by the Authority under this
5Act, or who shall attempt to use the high speed railway service
6without payment of the fares prescribed by the Authority, shall
7be deemed guilty of a petty offense and shall be fined not less
8than $5 nor more than $100 for each such offense.
 
9    Section 245. Interest in contracts. No director or officer
10of the Authority shall be interested, directly or indirectly,
11in any contract, agreement, lease, work, or business of the
12Authority, or in the sale of any article whenever the expense,
13price, or consideration of the contract, agreement, lease,
14work, business or sale is paid by the Authority. No director or
15officer of the Authority shall be interested, directly or
16indirectly, in the purchase, sale or lease of any property
17which (1) belongs to the Authority; (2) is sold, leased or
18acquired by the Authority; or (3) is sold by virtue of legal
19process at the suit of the Authority.
 
20    Section 250. Malconduct. Every chairperson, director, or
21officer of the Authority who is guilty of a palpable omission
22of duty, or who is guilty of willful and corrupt oppression,
23malconduct, or misfeasance in office in discharge of the duties

 

 

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1of office shall be liable to indictment in any court of
2competent jurisdiction and shall be guilty of a Class A
3misdemeanor. Any conviction under this Section shall
4constitute grounds for removal under this Act.
 
5    Section 255. Investments. Counties, cities, villages,
6incorporated towns, and other municipal corporations,
7political subdivisions and public bodies, and public officers
8of any thereof, all banks, bankers, trust companies, savings
9banks and institutions, building and loan associations,
10savings and loan associations, investment companies, insurance
11associations and all executors, administrators, guardians,
12trustees and other fiduciaries may legally invest any sinking
13funds, moneys, or other funds belonging to them or within their
14control in any bonds or refunding bonds issued by the
15Authority. It is the purpose of this Section to authorize the
16investment in bonds, or refunding bonds, of all sinking,
17insurance, retirement, compensation, pension, and trust funds,
18whether owned or controlled by private or public persons or
19officers; except, however, that nothing contained in this
20Section may be construed as relieving any officer, person,
21firm, or corporation from any duty of exercising reasonable
22care in selecting securities.
 
23    Section 260. Suits. The State of Illinois hereby consents
24to suits against the Authority solely as in this Section as

 

 

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1follows:
2        (a) The holder or holders of any bonds or coupons
3    issued by the Authority may bring civil actions to compel
4    the observance by the Authority or by any of its officers,
5    agents, or employees of any contract or covenant made by
6    the Authority with the holders of such bonds or coupons,
7    and to compel the Authority and any of its officers, agents
8    or employees, to perform any duties required to be
9    performed for the benefit of the holders of the bonds or
10    coupons by the provisions of the resolution authorizing
11    their issuance, or by this Act, or to enjoin the Authority
12    and any of its officers, agents or employees from taking
13    any action in conflict with such contract or covenant.
14        (b) Any person or persons may bring a civil action to
15    recover damages for injury to his or her person or property
16    caused by any act of the Authority or by any act of any of
17    its officers, agents, or employees done under its
18    direction.
 
19    Section 265. Review. All determinations made by the
20Authority in the exercise of its discretionary powers, with the
21approval of the Governor if such approval is expressly required
22by the provisions of this Act, including without limitation,
23the location and terminal points of any high speed railway or
24section to be constructed by it, the materials to be used in
25its construction, the plans and specifications, the fares to be

 

 

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1charged, and the letting of contracts for the construction of
2high speed railways, or the sale of bonds, shall be conclusive
3and shall not be subject to review by the courts or by any
4administrative agency of the State.
 
5    Section 270. Expenses.
6    (a) The sum of $100,000,000 is hereby appropriated from the
7Road Fund to The Illinois High Speed Rail Authority for the
8purpose of paying the ordinary and contingent expenses of the
9Authority necessary to finance engineering and traffic studies
10to determine the feasibility of constructing new high speed
11railways within the State of Illinois, to determine routes to
12prepare and develop appropriate business plans with the purpose
13to finance construction of the new high speed railways through
14Public-Private Partnership delivery methods, and for the
15purpose of compensating all persons who must be employed for
16such purposes.
17    (b) Compensation of employees devoting their entire time in
18coordinating the necessary information and in determining the
19feasibility of constructing additional high speed railways
20within the State of Illinois shall be paid from the amount
21appropriated, and in the case of any employee who is devoting
22part time to the coordination and procuring of the necessary
23material for a determination as to whether or not additional
24high speed railways shall be constructed within the State of
25Illinois shall be paid from the amount appropriated, to the

 

 

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1extent of the time devoted to such work, it being the intent
2and purpose that each employee account for the time so spent to
3be paid from this appropriation, to the end that no charges or
4expenses of any kind shall be made to any of the funds or
5accounts created by virtue of the issuing of bonds under this
6Act, except those necessary to the maintenance,
7administration, and operation of existing high speed railway
8constructed under the provisions of this Act.
9    (c) The amount appropriated in this Section shall be repaid
10by the Authority under this Act.
 
11    Section 275. The State Finance Act is amended by adding
12Section 5.878 as follows:
 
13    (30 ILCS 105/5.878 new)
14    Sec. 5.878. The Illinois High Speed Rail Authority Fund.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    New Act
4    30 ILCS 105/5.878 new