SB0508sam001 100TH GENERAL ASSEMBLY

Sen. James F. Clayborne, Jr.

Filed: 3/16/2017

10000SB0508sam001 LRB100 05217 AXK 22225 a

AMENDMENT TO SENATE BILL 508

AMENDMENT NO. ______. Amend Senate Bill 508 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the High Speed Rail Authority Act.

Section 5. Legislative finding. It is hereby declared, as a matter of legislative determination, that in order to promote the public welfare, and to facilitate rail traffic by providing convenient, safe, and modern high speed rail transportation designed for the accommodation of the needs of the traveling public through and within the State of Illinois, that it is necessary in the public interest to provide for the construction, operation, regulation and maintenance of a high speed rail system, incorporating therein the benefits of advanced engineering skill, design, experience and safety factors, to eliminate existing traffic hazards, relieve congestion of highways, integrate surface and air modes of local, metropolitan, regional and long distance services, exploit existing transportation and utility infrastructure, and decrease air pollution. It is also necessary and in the public interest to create The Illinois High Speed Rail Authority, as an instrumentality and administrative agency of the State of Illinois, and to confer upon and vest in the Authority all powers necessary or appropriate to enable the Authority to carry out the foregoing stated legislative purpose and determination.

Section 10. Definitions. The following words and terms as used in this Act have the following meanings:

(a) "Authority" means the Illinois High Speed Rail Authority.

(b) "Cost", as applied to an HSR, means the cost of construction, including bridges over or under existing highways and railroads, the cost of acquisition of all land, rights of way, property, rights, easements and interests acquired by the Authority for such construction, the cost of demolishing or removing any buildings or structures on land so acquired, including the cost of acquiring any lands to which such buildings or structures may be moved, the cost of diverting highways, interchange of highways, access to roads to private property, including the cost of lands or easements therefor, the cost of all machinery and equipment, financing charges, interest prior to and during construction, and for one or more years after completion of construction, cost of traffic estimates and of engineering and legal expenses, plans, specifications, surveys, estimates of cost and revenues, other expenses necessary or incident to determining the feasibility or practicability of constructing any such high speed railway line, administrative expenses and such other expense as may be necessary or incident to the construction of the high speed railway line, the financing of such construction and the placing of the railway in operation.

(c) "High speed rail" or "HSR" means such railway that is designed and constructed, in the best professional judgment of the engineering staff responsible, to accommodate trains to run at speeds of more than 180 miles per hour so as to accomplish the purposes of this Act.

(d) "Owner" means all individuals, copartnerships, firms, associations, corporations, trustees or legal representatives, and others having any title or interest in any property, rights or easements authorized to be acquired by this Act.

(e) "Person" means any individual, firm, association, partnership, corporation, trustee or legal representative.

Section 15. The Authority. There is hereby created an Authority to be known as The Illinois High Speed Rail Authority, which is hereby constituted an instrumentality and an administrative agency of the State of Illinois. The Authority shall consist of 11 directors; the Governor and the Secretary of the Department of Transportation, ex officio, and 9 directors appointed by the Governor with the advice and consent of the Senate, from the State at large. The directors and their successors are hereby authorized to carry out the provisions of this Act, and to exercise the powers herein conferred. Of the 9 directors appointed by the Governor, no more than 5 shall be members of the same political party. Vacancies shall be filled for the unexpired term in the same manner as original appointments. All appointments shall be in writing and filed with the Secretary of State as a public record. It is the intention of this Section that the Governor's appointments shall be made with due consideration to the location of proposed high speed railway routes so that maximum geographic representation from the areas served by the high speed railway routes may be accomplished insofar as practicable. The Authority shall have the power to contract and be contracted with, to acquire, hold and convey personal and real property or any interest therein, including rights of way, franchises, and easements; to have and use a common seal, and to alter the same at will; to make and establish resolutions, by-laws, rules, rates and regulations, and to alter or repeal the same as the Authority shall deem necessary and expedient for the construction, operation, relocation, regulation, and maintenance of a system of high speed railways within and through the State of Illinois.

Section 20. Chairperson of the Authority. Of the directors appointed by the Governor, one such director shall be appointed by the Governor as chairperson and shall hold office for 4 years from the date of his appointment, and until his or her successor shall be duly appointed and qualified, but shall be subject to removal by the Governor for incompetency, neglect of duty or malfeasance.

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

The chairperson shall receive a salary of $1,000 per annum, payable in monthly installments, together with reimbursement for necessary expenses incurred in the performance of his or her duties. The chairperson shall be eligible for reappointment.

Section 25. Directors of the Authority. Of the original directors, other than the chairperson, so appointed by the Governor, 3 shall hold office for 2 years and 3 shall hold office for 4 years, from the date of their appointment and until their respective successors shall be duly appointed and qualified, but shall be subject to removal by the Governor for incompetency, neglect of duty, or malfeasance. In case of vacancies in such offices during the recess of the Senate, the Governor shall make a temporary appointment until the next meeting of the Senate when the Governor shall nominate some person to fill such office and any person so nominated, who is confirmed by the Senate, shall hold office during the remainder of the term and until his or her successor shall be appointed and qualified. The respective term of the first directors appointed shall be designated by the Governor at the time of appointment, but their successors shall each be appointed for a term of 4 years, except that any person appointed to fill a vacancy shall serve only for the unexpired term. Directors shall be eligible for reappointment.

In making the initial appointments of the 2 additional directors provided for by this Act, the respective terms of the 2 additional directors first appointed shall be designated by the Governor at the time of appointment in a manner that the term of one additional director shall expire at the same time as the terms of 4 of the other directors and the term of the other additional director shall expire at the same time as the terms of 3 of the other directors; thereafter the terms shall be 4 years.

Each such director, other than ex officio members, shall receive an annual salary of $500, payable in monthly installments, and shall be reimbursed for necessary expenses incurred in the performance of his or her duties.

Section 30. Quorum. Immediately after the appointment and qualification of the chairperson and directors under this Act, the chairperson and directors shall enter upon their duties. The directors shall biennially select a secretary, who may or may not be a director, and if not a director, fix his or her compensation. Six directors shall constitute a quorum. No vacancy in the Board of Directors shall impair the right of a quorum of the directors to exercise all the rights and perform all the duties of the Authority.

Section 35. Bonds. The chairperson of the Board of Directors shall execute and file a bond in the penal sum of $100,000. Each other director, other than the ex officio directors, shall qualify by executing and filing a bond in the penal sum of $25,000, and the secretary, if not a member of the Authority, shall execute and file a bond in the penal sum of $15,000. All such bonds shall be payable to the People of the State of Illinois, and be conditioned upon the faithful performance of the duties imposed upon the chairperson, directors, or secretary under this Act. The bonds shall be subject to the approval of the Governor and of the Attorney General of the State of Illinois, and shall, when executed and so approved, be filed in the office of the Secretary of State. The bonds shall be with a surety company, or companies, authorized to do business in this State, and the cost of any official bonds required to be furnished hereunder shall be paid out of any fund subject to expenditure by the Authority.

The chairperson, directors, and secretary of the Authority shall be eligible to participate in all pensions, accident, health, and benefit plans established by the Authority for its employees in the same manner and form as all other employees.

Section 40. Public comments at board meetings. The Board of Directors shall set aside a portion of each meeting of the Board that is open to the public under the Open Meetings Act during which members of the public who are present at the meeting may comment on any subject.

Section 45. Authority powers. The Authority shall have the power:

(a) To acquire, own, use, hire, lease, operate and dispose of personal property, real property, any interest therein, including rights-of-way, franchises, and easements.

(b) To enter into all contracts and agreements necessary or incidental to the performance of its powers under this Act. All employment contracts let under this Act shall be in conformity with the applicable provisions of the Prevailing Wage Act.

(c) To employ and discharge, without regard to the requirements of any civil service or personnel act, such administrative, engineering, traffic, architectural, construction, and financial experts, and inspectors, and such other employees, as are necessary in the Authority's judgment to carry out the purposes of this Act; and to establish and administer standards of classification of all of such persons with respect to their compensation, duties, performance, and tenure; and to enter into contracts of employment with such persons for such periods and on such terms as the Authority deems desirable.

(d) To appoint by and with the consent of the Attorney General, assistant attorneys for such Authority. The assistant attorneys shall be under the control, direction and supervision of the Attorney General and shall serve at his or her pleasure.

(e) To retain special counsel, subject to the approval of the Attorney General, as needed from time to time, and fix their compensation; provided the special counsel shall be subject to the control, direction, and supervision of the Attorney General and shall serve at the pleasure of the Attorney General.

(f) To acquire, construct, relocate, operate, regulate, and maintain a system of high speed rail lines through and within the State of Illinois. However, the Authority does not have the power to acquire, operate, regulate, or maintain any system of high speed rail lines or portions of them (including, but not limited to, any system organized under Division 108 of Article 11 of the Illinois Municipal Code) in the event either of the following conditions exists at the time the proposed acquisition, operation, regulation, or maintenance of the system is to become effective:

(1) the principal or interest on bonds or other instruments evidencing indebtedness of the system are in default; or

(2) the principal or interest on bonds or other instruments evidencing indebtedness of the system have been in default at any time during the 5 year period prior to the proposed acquisition.

(g) To facilitate such construction, operation, and maintenance, and subject to the approval of the Office of Highway Project Implementation and the Office of Intermodal Project Implementation of the Department of Transportation, the Authority shall have the full use and advantage of the engineering staff and facilities of the Department.

Section 50. High Speed Rail Inspector General.

(a) The Governor shall, with the advice and consent of the Senate by three-fifths of the elected members concurring by record vote, appoint a High Speed Rail Inspector General for the purpose of detection, deterrence, and prevention of fraud, corruption, and mismanagement in the Authority. The High Speed Rail Inspector General shall serve a 5-year term. If, during a recess of the Senate, there is a vacancy in the office of the High Speed Rail Inspector General, the Governor shall make a temporary appointment until the next meeting of the Senate when the Governor shall make a nomination to fill that office. No person rejected for the office of the High Speed Rail Inspector General shall, except by the Senate's request, be nominated again for that office at the same session of the Senate or be appointed to that office during a recess of that Senate. The Governor may not appoint a relative, as defined by item (6) of Section 10-15 of the State Officials and Employees Ethics Act, as the High Speed Rail Inspector General. The High Speed Rail Inspector General may be removed only for cause and may be removed only by the Governor.

(b) The High Speed Rail Inspector General shall have the following qualifications:

(1) has not been convicted of any felony under the laws of this State, another state, or the United States;

(2) has earned a baccalaureate degree from an institution of higher education; and

(3) has 5 or more years of cumulative service (i) with a federal, state, or local law enforcement agency, at least 2 years of which have been in a progressive investigatory capacity; (ii) as a federal, state, or local prosecutor; (iii) as a federal or state judge with a criminal docket; (iv) as a senior manager or executive of a federal, state, or local agency; or (v) representing any combination of (i) through (iv).

(c) The term of the initial High Speed Rail Inspector General shall commence upon qualification and shall run through June 30, 2018. The initial appointments shall be made within 60 days after the effective date of this Act. After the initial term, each High Speed Rail Inspector General shall serve for 5-year terms commencing on July 1 of the year of appointment and running through June 30 of the fifth following year. A High Speed Rail Inspector General may be reappointed to one or more subsequent terms. A vacancy occurring other than at the end of a term shall be filled by the Governor only for the balance of the term of the High Speed Rail Inspector General whose office is vacant. Terms shall run regardless of whether the position is filled.

(d) The High Speed Rail Inspector General shall have jurisdiction over the Authority and all board members, officers, and employees of, and vendors, subcontractors, and others doing business with the Authority. The jurisdiction of the High Speed Rail Inspector General is to investigate allegations of fraud, waste, abuse, mismanagement, misconduct, nonfeasance, misfeasance, or malfeasance. Investigations may be based on complaints from any source, including anonymous sources, and may be self-initiated, without a complaint. An investigation may not be initiated more than 5 years after the most recent act of the alleged violation or of a series of alleged violations except where there is reasonable cause to believe that fraudulent concealment has occurred. To constitute fraudulent concealment sufficient to toll this limitations period, there must be an affirmative act or representation calculated to prevent discovery of the fact that a violation has occurred. The authority to investigate alleged violations of the State Officials and Employees Ethics Act by officers, employees, vendors, subcontractors, and others doing business with the Authority shall remain with the Office of the Governor's Executive Inspector General. The High Speed Rail Inspector General shall refer allegations of misconduct under the State Officials and Employees Ethics Act to the Office of the Governor's Executive Inspector General for investigation. Upon completion of its investigation into such allegations, the Office of the Governor's Executive Inspector General shall report the results to the High Speed Rail Inspector General, and the results of the investigation shall remain subject to any applicable confidentiality provisions in the State Officials and Employees Ethics Act. Where an investigation into a target or targets is split between allegations of misconduct under the State Officials and Employees Ethics Act, investigated by the Office of the Governor's Executive Inspector General, and allegations that are not of misconduct under the State Officials and Employees Ethics Act, investigated by the High Speed Rail Inspector General, the High Speed Rail Inspector General shall take reasonable steps, including continued consultation with the Office of the Governor's Executive Inspector General, to ensure that its investigation will not interfere with or disrupt any investigation by the Office of the Governor's Executive Inspector General or law enforcement authorities. In instances in which the High Speed Rail Inspector General continues to investigate other allegations associated with allegations that have been referred to the Office of the Governor's Executive Inspector General under this subsection (d), the High Speed Rail Inspector General shall report the results of its investigation to the Office of the Governor's Executive Inspector General.

(e)(1) If the High Speed Rail Inspector General, upon the conclusion of an investigation, determines that reasonable cause exists to believe that fraud, waste, abuse, mismanagement, misconduct, nonfeasance, misfeasance, or malfeasance has occurred, then the High Speed Rail Inspector General shall issue a summary report of the investigation. The report shall be delivered to the appropriate authority under paragraph (3) of subsection (f) of this Section, which shall have 20 days to respond to the report.

(2) The summary report of the investigation shall include the following:

(A) a description of any allegations or other information received by the High Speed Rail Inspector General pertinent to the investigation.

(B) a description of any alleged misconduct discovered in the course of the investigation.

(C) recommendations for any corrective or disciplinary action to be taken in response to any alleged misconduct described in the report, including but not limited to discharge.

(D) other information the High Speed Rail Inspector General deems relevant to the investigation or resulting recommendations.

(3) Within 60 days after issuance of a final summary report that resulted in a suspension of at least 3 days or termination of employment, the High Speed Rail Inspector General shall make the report available to the public by presenting the report to the Board of the Authority and by posting to the Authority's public website. The High Speed Rail Inspector General shall redact information in the summary report that may reveal the identity of witnesses, complainants, or informants, or if the High Speed Rail Inspector General determines it is appropriate to protect the identity of a person before the report is made public. The High Speed Rail Inspector General may also redact any information that he or she believes should not be made public, taking into consideration the factors set forth in this subsection and paragraph (1) of subsection (k) of this Section and other factors deemed relevant by the High Speed Rail Inspector General to protect the Authority and any investigations by the High Speed Rail Inspector General, other inspector general offices, or law enforcement agencies. Prior to publication, the High Speed Rail Inspector General shall permit the respondents and the appropriate authority under paragraph (3) of subsection (f) of this Section to review the report and the documents to be made public and offer suggestions for redaction or provide a response that shall be made public with the summary report; provided that the High Speed Rail Inspector General shall have the sole and final authority to decide what redactions should be made. The High Speed Rail Inspector General may make available to the public any other summary report and any such responses or a redacted version of the report and responses.

(4) When the High Speed Rail Inspector General concludes that there is insufficient evidence that a violation has occurred, the High Speed Rail Inspector General shall close the investigation. The High Speed Rail Inspector General shall provide the appropriate authority under paragraph (3) of subsection (f) of this Section with a written statement of the High Speed Rail Inspector General's decision to close the investigation. At the request of the subject of the investigation, the High Speed Rail Inspector General shall provide a written statement to the subject of the investigation of the High Speed Rail Inspector General's decision to close the investigation. Closure by the High Speed Rail Inspector General does not bar the High Speed Rail Inspector General from resuming the investigation if circumstances warrant.

(f) The High Speed Rail Inspector General shall:

(1) have access to all information and personnel necessary to perform the duties of the office;

(2) have the power to subpoena witnesses and compel the production of books and papers pertinent to an investigation authorized by this Section. A subpoena may be issued under this paragraph (2) only by the High Speed Rail Inspector General and not by members of the High Speed Rail Inspector General's staff. Any person subpoenaed by the High Speed Rail Inspector General has the same rights, under Illinois law as a person subpoenaed by a grand jury. The power to subpoena or to compel the production of books and papers, however, shall not extend to the person or documents of a labor organization or its representatives insofar as the person or documents of a labor organization relate to the function of representing an employee subject to investigation under this Section. Subject to a person's privilege against self-incrimination, any person who fails to appear in response to a subpoena, answer any question, or produce any books or papers pertinent to an investigation under this Section, except as otherwise provided in this Section, or who knowingly gives false testimony in relation to an investigation under this Section is guilty of a Class A misdemeanor;

(3) submit reports as required by this Section and applicable administrative rules. Final reports and recommendations shall be submitted to the Authority's Executive Director and the Board of Directors for investigations not involving the Board. Final reports and recommendations shall be submitted to the chairperson of the Board and to the Governor for investigations of any Board member other than the chairperson of the Board. Final reports and recommendations for investigations of the chairperson of the Board shall be submitted to the Governor;

(4) assist and coordinate with the ethics officer for the Authority;

(5) participate in or conduct, when appropriate, multi-jurisdictional investigations; provided the investigation involves the Authority in some way, including, but not limited to, joint investigations with the Office of the Governor's Executive Inspector General, or with State, local, or federal law enforcement authorities;

(6) serve as the Authority's primary liaison with law enforcement, investigatory, and prosecutorial agencies and, in that capacity, the High Speed Rail Inspector General may request any information or assistance that may be necessary for carrying out the duties and responsibilities provided by this Section from any local, state, or federal governmental agency or unit thereof;

(7) review hiring and employment files of the Authority to ensure compliance with Rutan v. Republican Party of Illinois, 497 U.S. 62 (1990), and with all applicable employment laws;

(8) establish a policy that ensures the appropriate handling and correct recording of all investigations conducted by the Office, and ensures that the policy is accessible via the Internet in order that those seeking to report suspected wrongdoing are familiar with the process and that the subjects of those allegations are treated fairly;

(9) receive and investigate complaints or information from an employee of the Authority concerning the possible existence of an activity constituting a violation of law, rules or regulations, mismanagement, abuse of authority, or substantial and specific danger to the public health and safety. Any employee of the Authority who knowingly files a false complaint or files a complaint with reckless disregard for the truth or falsity of the facts underlying the complaint may be subject to discipline; and

(10) review, coordinate, and recommend methods and procedures to increase the integrity of the Authority.

(g) Within 6 months of appointment, the initial High Speed Rail Inspector General shall propose rules, in accordance with the provisions of the Illinois Administrative Procedure Act, establishing minimum requirements for initiating, conducting, and completing investigations. The rules must establish criteria for determining, based upon the nature of the allegation, the appropriate method of investigation, which may include, but is not limited to, site visits, telephone contacts, personal interviews, or requests for written responses. The rules must establish the process, contents, and timing for final reports and recommendations by the High Speed Rail Inspector General and for a response and any remedial, disciplinary, or both, action by an individual or individuals receiving the final reports and recommendations. The rules must also clarify how the Office of the High Speed Rail Inspector General shall interact with other local, state, and federal law enforcement authorities and investigations. Such rules shall provide that investigations and inquiries by the Office of the High Speed Rail Inspector General must be conducted in compliance with the provisions of any collective bargaining agreement that applies to the affected employees of the Authority and that any recommendation for discipline or other action against any employee by the Office of the High Speed Rail Inspector General must comply with the provisions of any applicable collective bargaining agreement.

(h) The Office of the High Speed Rail Inspector General shall be an independent office of the Authority. Within its annual budget, the Authority shall provide a clearly delineated budget for the Office of the High Speed Rail Inspector General. The budget of the Office of the High Speed Rail Inspector General shall be adequate to support an independent and effective office. Except with the consent of the High Speed Rail Inspector General, the Authority shall not reduce the budget of the Office of the High Speed Rail Inspector General by more than 10 percent (i) within any fiscal year; or (ii) over the 5-year term of each High Speed Rail Inspector General. To the extent allowed by law and the Authority's policies, the High Speed Rail Inspector General shall have sole responsibility for organizing the Office of the High Speed Rail Inspector General within the budget established by the Board of the High Speed Rail Authority, including the recruitment, supervision, and discipline of the employees of that Office. The High Speed Rail Inspector General shall report directly to the Board of Directors of the Authority with respect to the prompt and efficient operation of the Office of the High Speed Rail Inspector General.

(i)(1) No High Speed Rail Inspector General or employee of the Office of the High Speed Rail Inspector General may, during his or her term of appointment or employment:

(A) become a candidate for any elective office;

(B) hold any other elected or appointed public office except for appointments on governmental advisory boards or study commissions or as otherwise expressly authorized by law;

(C) be actively involved in the affairs of any political party or political organization; or

(D) advocate for the appointment of another person to an appointed public office or elected office or position or actively participate in any campaign for any elective office. As used in this paragraph (1), "appointed public office" means a position authorized by law that is filled by an appointing authority as provided by law and does not include employment by hiring in the ordinary course of business.

(2) No High Speed Rail Inspector General or employee of the Office of the High Speed Rail Inspector General may, for one year after the termination of his or her appointment or employment:

(A) become a candidate for any elective office;

(B) hold any elected public office; or

(C) hold any appointed State, county, or local judicial office. The requirements of this subparagraph (C) may be waived by the Executive Ethics Commission.

(j) All Board members, officers, and employees of the Authority have a duty to cooperate with the High Speed Rail Inspector General and employees of the Office of the High Speed Rail Inspector General in any investigation undertaken under this Section. Failure to cooperate includes, but is not limited to, intentional omissions and knowing false statements. Failure to cooperate with an investigation under this Section is grounds for disciplinary action, including termination of employment. Nothing in this Section limits or alters a person's existing rights or protections under State or federal law.

(k) The identity of any individual providing information or reporting any possible or alleged misconduct to the High Speed Rail Inspector General shall be kept confidential and may not be disclosed without the consent of that individual, unless the individual consents to disclosure of his or her name or disclosure of the individual's identity is otherwise required by law. The confidentiality granted by this subsection (k) does not preclude the disclosure of the identity of a person in any capacity other than as the source of an allegation. Subject to the provisions of subsection (e) of this Section, the High Speed Rail Inspector General, and employees and agents of the Office of the High Speed Rail Inspector General, shall keep confidential and shall not disclose information exempted from disclosure under the Freedom of Information Act or by this Act.

(l) If the High Speed Rail Inspector General determines that any alleged misconduct involves any person not subject to the jurisdiction of the High Speed Rail Inspector General, the High Speed Rail Inspector General shall refer the reported allegations to the appropriate Inspector General, appropriate ethics commission, or other appropriate body. If the High Speed Rail Inspector General determines that any alleged misconduct may give rise to criminal penalties, the High Speed Rail Inspector General may refer the allegations regarding that misconduct to the appropriate law enforcement agency. If a High Speed Rail Inspector General determines that any alleged misconduct resulted in the loss of public funds in an amount of $5,000 or greater, the High Speed Rail Inspector General shall refer the allegations regarding that misconduct to the Attorney General and any other appropriate law enforcement agency.

(m) The High Speed Rail Inspector General shall provide to the Governor, the Board of the Authority, and the General Assembly a summary of reports and investigations made under this Section no later than March 31 and September 30 of each year. The summaries shall detail the final disposition of the Inspector General's recommendations. The summaries shall not contain any confidential or identifying information concerning the subjects of the reports and investigations. The summaries shall also include detailed, recommended administrative actions and matters for consideration by the Governor, the Board of the Authority, and the General Assembly.

(n) Any employee of the Authority subject to investigation or inquiry by the High Speed Rail Inspector General or any agent or representative of the High Speed Rail Inspector General concerning misconduct that is criminal in nature shall have the right to be notified of the right to remain silent during the investigation or inquiry and the right to be represented in the investigation or inquiry by an attorney or a representative of a labor organization that is the exclusive collective bargaining representative of employees of the Authority. Any investigation or inquiry by the High Speed Rail Inspector General or any agent or representative of the High Speed Rail Inspector General must be conducted in accordance with the rights of the employees under State and federal law and applicable judicial decisions. Any recommendations for discipline or any action taken against any employee by the High Speed Rail Inspector General or any representative or agent of the High Speed Rail Inspector General must comply with the provisions of the collective bargaining agreement that applies to the employee.

(o) Nothing in this Section shall diminish the rights, privileges, or remedies of a State employee under any other federal or State law, rule, or regulation or under any collective bargaining agreement.

Section 55. Authority powers. The Authority shall have the power:

(a) To prepare, or cause to be prepared detailed plans, specifications, and estimates, from time to time, for the construction, relocation, repair, maintenance, and operation of high speed railway lines within and through the State of Illinois.

(b) To acquire, hold, and use real and personal property, including rights, rights-of-way, franchises, easements, and other interests in land as it may desire, or as may be necessary or convenient for its authorized purposes by purchase, gift, grant, or otherwise, and to take title thereto; to acquire in the manner that may now or hereafter be provided for by the law of eminent domain of this State, any real or personal property (including road building materials and public lands, parks, playgrounds, reservations, highways or parkways, or parts thereof, or rights therein, of any person, railroad, public service, public utility, or municipality or political subdivision) necessary or convenient for its authorized purpose. Such acquisition of real property, whether by purchase, gift, condemnation, or otherwise, wherever necessary or convenient in the discretion of the Authority, may include the extension of existing rights and easements of access, use, and crossing held by any person or persons, interests in land abutting on existing highways, and remnants or remainder property; and such acquisitions of real property may be free and clear of, and without any rights or easements of access, use and crossing in favor of any person or persons including interest in any land adjacent or contiguous to the land so acquired; provided that nothing shall be construed to authorize the taking or damaging of any private property for such purposes by the Authority, without just compensation.

(c) To accept conveyance of fee simple title to, or any lesser interest in, land, rights, or property conveyed by the Department of Transportation under Section 4-508.1 of the Illinois Highway Code.

(d) To establish presently the approximate locations and widths of rights of way for new high speed railway lines and future additions to the high speed rail system to inform the public and prevent costly and conflicting development of the land involved.

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. The hearing shall be held in or near the county or counties in which the land to be used is located and notice of the hearing shall be published in a newspaper or newspapers of general circulation in the county or counties involved. Any interested person or his or her representative may be heard. The Authority shall evaluate the testimony given at the hearing.

The Authority shall make a survey and prepare a map showing the location and approximate widths of the rights of way needed for new high speed railway lines and future additions to the high speed railway system. The map shall show existing highways in the area involved and the property lines and owners of record of all land that will be needed for the new high speed railway lines, future additions, and all other pertinent information. Approval of the map with any changes resulting from the hearing shall be indicated in the record of the hearing and a notice of the approval and a copy of the map shall be filed in the office of the recorder for all counties in which the land needed for future additions is located.

Public notice of the approval and filing shall be given in newspapers of general circulation in all counties in which the land is located and shall be served by registered mail within 60 days after the approval to all owners of record of the land needed for future additions.

The Authority may approve changes in the map from time to time. The changes shall be filed and notice given in the manner provided for an original map.

After the map is filed and notice is given to the owners of record of the land needed for new high speed railway lines and future additions, no person shall incur development costs or place improvements in, upon, or under the land involved nor rebuild, alter, or add to any existing structure without first giving 60 days' notice by registered mail to the Authority. This prohibition shall not apply to any normal or emergency repairs to existing structures. The Authority shall have 45 days after receipt of that notice to inform the owner of the Authority's intention to acquire the land involved, after which it shall have an additional 120 days to acquire the land by purchase or to initiate action to acquire the land through the exercise of the right of eminent domain. When the right of way is acquired by the Authority, no damages shall be allowed for any construction, alteration, or addition in violation of this subsection (d) unless the Authority has failed to acquire the land by purchase or has abandoned an eminent domain proceeding initiated in accordance with this subsection (d).

Any right of way needed for either new lines or additions to the HSR system may be acquired at any time by the Authority. The time of determination of the value of the property to be taken under this Section for new high speed railway lines or additions to the HSR system shall be the date of the actual taking, if the property is acquired by purchase, or the date of the filing of a complaint for condemnation, if the property is acquired through the exercise of the right of eminent domain, rather than the date when the map of the proposed right of way was filed of record.

(e) Not more than 10 years after a protected corridor is established under subsection (d) of this Section, and not later than the expiration of each 10-year period thereafter, the Authority shall hold a public hearing to discuss the viability and feasibility of the protected corridor. Following the hearing and giving due consideration to the information obtained at the hearing, the Board of Directors of the Authority shall vote to either continue or abolish the protected corridor.

(f) If the building line of a building used primarily for the purpose of educating elementary or secondary students lies within 100 feet of any high speed railway line operated by the High Speed Rail Authority, the High Speed Rail Authority shall acquire the building, together with any property owned, leased, or utilized adjacent to it and pertaining to its educational operations, from the school district that owns or operates it, for just compensation. For purposes of this subsection (f), "just compensation" means the replacement cost of the building and adjacent property so that the students educated in the building have the opportunity to be educated according to standards prevailing in the State of Illinois.

Section 60. Acquisition by purchase or by condemnation. The Authority is authorized to acquire by purchase or by condemnation, in the manner provided for the exercise of the power of eminent domain under the Eminent Domain Act, any and all lands, buildings, and grounds necessary or convenient for its authorized purpose. The Authority shall comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and the implementing regulations in 49 CFR Part 24 and is authorized to operate a relocation program and to pay relocation costs. If there is a conflict between the provisions of this Act and the provisions of the federal law or regulations, the provisions of this Act shall control, with the exception that the Authority shall use whichever law or regulation provides the highest payment limit. The Authority is authorized to exceed the maximum payment limits of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 when necessary to ensure the provision of decent, safe, or sanitary housing, or to secure a suitable relocation site. The Authority may not adopt rules to implement the federal law or regulations referenced in this Section unless those rules have received the prior approval of the Joint Committee on Administrative Rules.

Section 65. Eminent domain. Notwithstanding any other provision of this Act, any power granted under this Act to acquire property by condemnation or eminent domain is subject to, and shall be exercised in accordance with, the Eminent Domain Act.

Section 70. Acquisition of property.

(a) Prior to the initiation of negotiations, the Authority shall establish an amount that it believes is just compensation for the property. The amount shall not be less than the appraisal of the fair market value of the property. Promptly thereafter, the Authority shall make a written offer to the owner to acquire the property for the full amount believed to be just compensation. Along with the initial written purchase offer, the owner shall be given a written statement of the basis for the offer. For owner-occupied dwellings, upon the owner's request, the Authority shall exchange its approved appraisal with the owner's appraisal obtained from a State certified general real estate appraiser.

(b) The Authority shall make every reasonable effort to contact the owner or the owner's representative and discuss its offer to purchase the property. The owner shall be given every reasonable opportunity to consider the offer and present material that the owner believes is relevant to determining the value of the property, including an appraisal obtained by the owner from a State certified general real estate appraiser, and to suggest modifications in the proposed terms and conditions of the purchase. The Authority shall pay for the cost of the owner's appraisal for an owner-occupied dwelling.

(c) To the extent permitted by applicable law, the appraiser shall disregard any decrease or increase in the fair market value of the real property caused by the project for which the property is to be acquired, or caused by the likelihood that the property would be acquired for the project, other than that due to the physical deterioration of the property that was within the reasonable control of the owner. If comparable sales of similar properties are factored into the amount of just compensation offered by the Authority, those comparable sales must have been with respect to property located outside the protected corridor.

(d) When the Authority acquires an owner-occupied dwelling the Authority shall reimburse the property owner up to $500 for reasonable attorney's fees actually incurred by the property owner related to closing costs in conjunction with the property owner's purchase of a replacement dwelling.

Section 75. Land disclosure requirements.

(a) Disclosure required. The Authority may not enter into any agreement or understanding for the use or acquisition of land that is intended to be used or acquired for high speed railway purposes unless full disclosure of all beneficial interests in the land is made under this Section.

(b) Condemnation proceedings. If the Authority commences condemnation proceedings to acquire land that is intended to be used or acquired for high speed railway purposes, the holders of all beneficial interests in the land must make full disclosure under this Section, unless the court determines that the disclosure would cause irreparable harm to one or more holders of a beneficial interest.

(c) Beneficial interests. Each holder of any beneficial interest in the land, including without limitation beneficial interests in a land trust, must be disclosed, including both individuals and other entities. If any beneficial interest is held by an entity, other than an entity whose shares are publicly traded, and not by an individual, then all the holders of any beneficial interest in that entity must be disclosed. This requirement continues at each level of holders of beneficial interests until all beneficial interests of all individuals in all entities, other than entities whose shares are publicly traded, have been disclosed.

(d) Written statement. Disclosure must be made by a written statement filed (i) with the Authority contemporaneously with the execution of the agreement or understanding; or (ii) in the case of a condemnation proceeding, with the Authority and the court within a time period ordered by the court. Each individual and entity must be disclosed by name and address and by a description of the interest held, including the percentage interest in the land held by the individual or entity. The statement must be verified, subject to penalty of perjury, by the individual who holds the greatest percentage of beneficial interest in the land.

(e) Recordation. The Authority must file the statement of record with the recorder of each county in which any part of the land is located within 3 business days after the statement is filed with the Authority.

(f) Agreements and understandings void. Any agreement or understanding in violation of this Act is void.

(g) Penalty. A person who knowingly violates this Section is guilty of a business offense and shall be fined $10,000.

(h) Other disclosure requirements. The disclosure required under this Act is in addition to, and not in lieu of, any other disclosure required by law.

Section 80. Owner retention of certain items. The owner of property to be acquired by the Authority shall have the right to retain ownership of a dwelling's cabinets, moldings, and fixtures. If the Authority acquires the dwelling, the property owner may remove cabinets, moldings, and fixtures if stipulated in the agreement to purchase the property.

Section 85. Condemnation proceeding expenses. The owner of property to be acquired by the Authority shall be reimbursed for any reasonable expenses, including reasonable attorney, appraisal, and engineering fees, that the owner actually incurred because of a condemnation proceeding if:

(1) the final judgment of the court is that the Authority cannot acquire the property by condemnation; or

(2) the condemnation proceeding is abandoned by the Authority other than under an agreed-upon settlement.

Section 90. Comparable replacement dwelling; additional or supplemental housing payment. Whenever the cost of a comparable replacement dwelling is greater than what the Authority paid the property owner, the Authority shall provide additional or supplemental housing payments. No person shall be required to move from a dwelling unless comparable replacement housing is available to the person. The total of additional or supplemental housing payments to a property owner under this Section shall not exceed $25,000.

Section 95. Moving expenses and direct losses of personal property caused by displacement. The Authority is authorized to pay, as part of the cost of construction of any project on a high speed railway, to any person displaced by the highway project (1) actual reasonable expenses in moving himself or herself, his or her family, and his or her business, farm operation, or other personal property; (2) actual direct losses of tangible personal property as a result of moving or discontinuing a business or farm operation, but not to exceed an amount equal to the reasonable expenses that would have been required to relocate the property, as determined by the Authority; (3) actual reasonable expenses in searching for a replacement business or farm; and (4) actual reasonable expenses necessary to reestablish a displaced farm, nonprofit organization, or small business at its new site, but not to exceed $10,000.

Section 100. Expense and dislocation allowance. In lieu of the payments authorized to be paid under this Act, the Authority may pay any person displaced from a dwelling, who elects to accept the payment, an expense and dislocation allowance which shall be determined according to a schedule established by the Authority.

Section 105. Relocation payments. In lieu of the payments authorized to be paid under this Act, the Authority may pay any person who moves or discontinues his or her business or farm operation, who elects to accept the payment, a fixed relocation payment in an amount equal to the average annual net earnings of the business or the farm operation, except that the payment shall be not less than $1,000 nor more than $20,000.

Section 110. Additional payments for dwelling and rental of dwelling.

(a) In addition to the amounts authorized to be paid under this Act by the Authority, the Authority may, as a part of the cost of construction, make a payment not to exceed $25,000 to any displaced person who is displaced from a dwelling acquired for a high speed railway project actually owned and occupied by the displaced person for not less than 180 days before the initiation of negotiations for the acquisition of the property. The payment shall include the following elements:

(1) the amount, if any, which, when added to the acquisition cost of the dwelling acquired equals the reasonable cost of a comparable replacement dwelling determined in accordance with standards established by the Authority to be a decent, safe, and sanitary dwelling adequate to accommodate the displaced person, reasonably accessible to public services and places of employment, and available on the private market;

(2) the amount, if any, which will compensate the displaced person for any increased interest costs which the person is required to pay for financing the acquisition of any such comparable replacement dwelling. The amount shall be paid only if the dwelling acquired by the Authority was encumbered by a bona fide mortgage which was a valid lien on the dwelling for not less than 180 days before the initiation of negotiations for the acquisition of the dwelling; and

(3) reasonable expenses incurred by the displaced person for evidence of title, recording fees, and other closing costs incident to the purchase of the replacement dwelling, but not including prepaid expenses.

(b) The additional payment authorized under subsection (a) of this Section shall not exceed $25,000 and shall be made only to a displaced person who purchases and occupies a replacement dwelling that meets the standards established by the Authority to be decent, safe, and sanitary, not later than the end of the one year period beginning on the date on which he or she receives from the Authority final payment of all costs of the acquired dwelling, or on the date on which he or she moves from the dwelling acquired for the highway project, whichever is the later date.

(c) Any displaced person who is not eligible to receive payment under subsection (a) of this Section and who is displaced from any dwelling which was actually and lawfully occupied by the displaced person for not less than 90 days before the initiation of negotiations for acquisition of the dwelling, may be paid by the Authority either (1) an amount necessary to enable the displaced person to lease or rent, for a period not to exceed 42 months, a decent, safe, and sanitary dwelling of standards adequate to accommodate the person in areas not generally less desirable in regard to public utilities and public and commercial facilities and reasonably accessible to his or her place of employment, but not to exceed the sum of $5,250; or (2) the amount necessary to enable the person to make a down payment, including incidental expenses under item (1) of this subsection (c), on the purchase of a decent, safe, and sanitary dwelling of standards adequate to accommodate the person in areas not generally less desirable in regard to public utilities and public and commercial facilities, but not to exceed the amount payable under item (1) of this subsection (c), except that in the case of a homeowner who owned and occupied the displaced dwelling for at least 90 days but not more than 180 days immediately before the initiating of negotiations, the down payment shall not exceed the amount payable under this Act for persons who owned and occupied the property for 180 days before the initiation of negotiations.

(d) If comparable replacement sale or rental housing is not available within the limitations of this Section, the Authority may make a payment in excess of the maximum payments authorized by this Section as required to provide replacement housing.

Section 115. Reimbursement for certain expenses and mortgage penalty. In addition to the other amounts authorized to be paid under this Act, the Authority may reimburse the owner of real property acquired for a high speed railway project the reasonable and necessary expenses incurred for (1) recording fees, transfer taxes, and similar expenses incidental to conveying the real property; and (2) penalty costs for prepayment of any pre-existing recorded mortgages entered into in good faith encumbering the real property.

Section 120. Construction in relation to eminent domain. Nothing contained in this Act creates in any proceedings brought under the power of eminent domain any element of damages not in existence on the effective date of this Act.

Section 125. The Authority shall have power:

(a) To pass resolutions, make by-laws, rules, and regulations for the management, regulation, and control of its affairs, and to fix fares, and to make, enact, and enforce all needful rules and regulations in connection with the construction, operation, management, care, regulation, or protection of its property or any high speed railway lines, constructed or reconstructed hereunder.

(b) To fix, assess, and collect civil fines for any passenger utilizing a train on a high speed railway without the required fare having been paid. The Authority may establish by rule a system of civil administrative adjudication to adjudicate only alleged instances of a passenger utilizing a train on a high speed railway without the required fare having been paid, as detected by the Authority's on-board personnel.

(c) To prescribe rules and regulations applicable to traffic on railways under the jurisdiction of the Authority, concerning:

(1) types of rolling stock permitted to use such railways or parts thereof, and classification of such rolling stock;

(2) communication and signaling protocols for train movement, in accordance with the rules and regulations currently enacted at the federal level; and

(3) control of the access, entrance, and exit of vehicles and persons to and from the train stations along the HSR lines;

(d) The Authority, in fixing the rate for fares for the privilege of using high speed railways, is authorized and directed, in fixing the rates, to base the same upon annual estimates to be made, recorded, and filed with the Authority. The estimates shall include the following: (1) the estimated total amount of the use of the high speed railways; and (2) the estimated amount of the revenue to be derived therefrom, which, when added to all other receipts and income, will be sufficient to pay the expense of maintaining and operating high speed railways, including the administrative expenses of the Authority, and to discharge all obligations of the Authority as they become due and payable.

(e) To accept from any municipality or political subdivision any lands, easements, or rights in land needed for the operation, construction, relocation, or maintenance of any high speed railways, with or without payment, and in its discretion, to reimburse any municipality or political subdivision out of its funds for any cost or expense incurred in the acquisition of land, easements, or rights in land, in connection with the construction and relocation of high speed railways, widening and extending roads, streets, or avenues in connection therewith, or for the construction of any roads or streets forming extension to and connections with or between any high speed railways, or for the cost or expense of widening, grading, surfacing, or improving any existing streets or roads or the construction of any streets and roads forming extensions of or connections with any high speed railways constructed, relocated, operated, maintained, or regulated by the Authority. Where property owned by a municipality or political subdivision is necessary to the construction of an approved high speed railway, if the Authority cannot reach an agreement with such municipality or political subdivision and if the use to which the property is being put in the hands of the municipality or political subdivision is not essential to the existence or the administration of such municipality or political subdivision, the Authority may acquire the property by condemnation.

Section 130. The Authority shall have power:

(a) To enter upon lands, waters, and premises in this State for the purpose of making surveys, soundings, drillings, and examinations as may be necessary, expedient, or convenient for the purposes of this Act, and such entry shall not be deemed to be a trespass, nor shall an entry for such purpose be deemed an entry under any condemnation proceedings which may be then pending; provided that the Authority shall make reimbursement for any actual damage resulting to such lands, waters and premises as the result of such activities.

(b) To construct, maintain, and operate train stations for the collection of fares or charges upon and along any high speed rail lines.

(c) To provide for the collection of fares and charges for the privilege of using the high speed rail lines. Before it adopts an increase in the rates for fare, the Authority shall hold a public hearing at which any person may appear, express opinions, suggestions, or objections, or direct inquiries relating to the proposed increase. Any person may submit a written statement to the Authority at the hearing, whether appearing in person or not. The hearing shall be held in the county in which the proposed increase of the rates is to take place. The Authority shall give notice of the hearing by advertisement on 3 successive days at least 15 days prior to the date of the hearing in a daily newspaper of general circulation within the county within which the hearing is held. The notice shall state the date, time, and place of the hearing, shall contain a description of the proposed increase, and shall specify how interested persons may obtain copies of any reports, resolutions, or certificates describing the basis on which the proposed change, alteration, or modification was calculated. After consideration of any statements filed or oral opinions, suggestions, objections, or inquiries made at the hearing, the Authority may proceed to adopt the proposed increase of the rates for train fare. No change or alteration in or modification of the rates for train fare shall be effective unless at least 30 days prior to the effective date of the rates, notice shall be given to the public by publication in a newspaper of general circulation, and the notice or notices shall be posted and publicly displayed at each and every train station upon or along the high speed railway lines.

(d) To construct, at the Authority's discretion, grade separations at intersections with any railroads, waterways, street railways, streets, thoroughfares, public roads, or highways intersected by the high speed railway lines, and to change and adjust the lines and grades so as to accommodate the same to the design of such grade separation and to construct interchange improvements. The Authority is authorized to provide such grade separations or interchange improvements at its own cost or to enter into contracts or agreements with reference to division of cost therefor with any municipality or political subdivision of the State of Illinois, or with the Federal Government, or any agency thereof, or with any corporation, individual, firm, person, or association. Where such structures have been built by the Authority and a local highway agency did not enter into an agreement to the contrary, the Authority shall maintain the entire structure, including the road surface, at the Authority's expense.

(e) To contract with and grant concessions to or lease or license to any person, partnership, firm, association, or corporation so desiring the use of any part of any high speed railway lines, excluding the tracked portions, but including the right of way adjoining under or over the paved portions for the placing of telephone, telegraph, electric, power lines and other utilities, and for the placing of pipe lines, and to enter into operating agreements with or to contract with and grant concessions to or to lease to any person, partnership, firm, association or, corporation so desiring the use of any part of the high speed railways, excluding the paved portions, but including the right of way adjoining, or over the paved portions for motor fuel service stations and facilities, garages, stores, and restaurants, or for any other lawful purpose, and to fix the terms, conditions, rents, rates, and charges for that use.

The Authority shall also have power to establish reasonable regulations for the installation, construction, maintenance, repair, renewal, relocation, and removal of pipes, mains, conduits, cables, wires, towers, poles, and other equipment and appliances (herein called public utilities) of any public utility as defined in the Public Utilities Act along, over, or under any high speed railway project. Whenever the Authority shall determine that it is necessary that any such public utility facilities which now are located in, on, along, over, or under any project or projects be relocated or removed entirely from any such project or projects, the public utility owning or operating such facilities shall relocate or remove the same in accordance with the order of the Authority. All costs and expenses of such relocation or removal, including the cost of installing such facilities in a new location or locations, and the cost of any land or lands, or interest in land, or any other rights required to accomplish such relocation or removal shall be ascertained and paid by the Authority as a part of the cost of any such project or projects, and further, there shall be no rent, fee, or other charge of any kind imposed upon the public utility owning or operating any facilities ordered relocated on the properties of the Authority and the Authority shall grant to the public utility owning or operating the facilities and its successors and assigns the right to operate the same in the new location or locations for as long a period and upon the same terms and conditions as it had the right to maintain and operate such facilities in their former location or locations.

(f) To enter into an intergovernmental agreement or contract with a unit of local government or other public or private entity for the collection, enforcement, and administration of fares, fees, revenue, and violations.

Section 135. Public-private partnerships. The Authority may exercise all powers granted to it under the Public-Private Partnerships for Transportation Act.

Section 140. Signs. The Authority shall erect and maintain at connecting roads to each wayside maintenance facility and to each passenger station located along any high speed railway line suitable signs showing the name of the train station or the wayside facility in either direction along each such connecting road. The size and designations on such signs and the distance from intersections where they shall be erected shall conform to the Illinois Manual on Uniform Traffic Control Devices for Streets and Highways.

Section 145. Grants. The Authority is authorized, without limitation to the foregoing powers, to accept grants from and enter into contracts, leases, or other transactions with the Federal Government, or any agency thereof, necessary or expedient to carry out the provisions of this Act.

Section 150. Proposal; advisory committee.

(a) The Authority shall, prior to the commencement of any engineering and traffic study or studies to determine the feasibility of constructing additional high speed railway lines within the State of Illinois, submit to the Governor for his or her approval, the route, or routes, proposed for new and additional high speed railway lines together with an estimate of the cost of the proposed study or studies. If the Governor approves the proposed study or studies and the estimated cost, or fails to disapprove the proposed study or studies and the estimate of cost, within 30 days after its receipt, the Authority may proceed with the study or studies.

(b) 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. The committee members shall be designated by township and municipal governing bodies in proportion to the percentage of corridor property situated within the unincorporated area of a township and incorporated municipalities located in the same township. No less than 50% of the members of this committee shall be representatives of organized citizen groups directly affected by the proposed corridor. All meetings shall be held in compliance with the Open Meetings Act. The committee shall consider and advise the Authority with respect to the impact on property owners, land use, and other impacts of the proposed high speed railway. The committee shall be dissolved when one year has elapsed since the opening of the high speed railway for which the committee was created.

Section 155. Preliminary plans. The Authority shall, prior to the issuance of any bonds under this Act, except refunding bonds, prepare and submit to the Governor for his approval preliminary plans showing the proposed location of the route or routes of the particular high speed railway for which the bonds are to be issued, which shall designate the approximate point of the commencement and the termination of the route or routes and shall also designate the municipalities to be afforded reasonable connections, and to be served by the route or routes. The Authority shall at the same time submit to the Governor for his or her approval preliminary estimates of the cost of the construction of the high speed railway, shown on the preliminary plans. If the Governor shall approve the preliminary plans and the estimate of the cost, the Authority may proceed with the issuance of the bonds. Prior to the issuance of bonds for or the commencement of construction of any new high speed railway, however, that particular high speed railway shall be authorized by joint resolution of the General Assembly.

Section 160. Public hearing. Prior to submission of preliminary plans to the Governor, the Authority shall hold a public hearing at which any person may appear, express opinions, suggestions, or objections, or direct inquiries relating to the proposed high speed railway to the Directors. Any person may submit a written statement to the Authority at the hearing, whether appearing in person or not. The hearing shall be held in a county through which the proposed high speed railway is to be constructed and shall be attended by at least 5 Directors. The Authority shall give notice of the hearing by advertisement on 3 successive days at least 15 days prior to the date of the hearing in a daily newspaper published in and of general circulation in each county through which the proposed high speed railway is to be constructed or, if there be no such newspaper, then in a daily newspaper of general circulation in the county. The notice shall state the date, time, and place of the hearing, the route of the proposed high speed railway, the municipalities to be afforded immediate access, and the estimated cost of the proposed high speed railway. The proceedings at the hearing shall be transcribed and the transcript shall be made available at reasonable hours for public inspection and a copy, together with a copy of all written statements submitted at the hearing, shall be submitted to the Governor with the Authority's preliminary plans.

Section 165. Contracts.

(a) All contracts let for the construction of any work authorized to be done under the provisions of the Act, where the amount is in excess of a small purchase amount, as defined in Section 20-20 of the Illinois Procurement Code, shall be let to the lowest responsible bidder, or bidders, on open, competitive bidding after public advertisement made at least 15 days prior to the opening of bids, in the Illinois Procurement Bulletin, in such manner and at such intervals as may be prescribed by the Authority, except for contracts for the completion of a terminated or defaulted contract. The successful bidders for the work shall enter into contracts furnished and prescribed by the Authority. The contracts shall contain a provision that the successful bidder shall indemnify and save harmless the State of Illinois for any accidental injuries or damages arising out of negligence in the performance of the contract, and shall execute and give bonds, payable to the Authority, with a corporate surety authorized to do business under the laws of the State of Illinois, equal to at least 50% of the contract price, one conditioned upon faithful performance of the contract and the other for the payment of all labor furnished and materials supplied in the prosecution of the contracted work.

(b) All contracts for services or supplies required from time to time by the Authority in the maintenance and operation of any high speed railway under this Act or all direct contracts for supplies to be used in the construction of any high speed railway to be awarded under this Section, rather than as a part of a contract under this Section, when the amount of any such supplies or services is in excess of a small purchase amount, as defined in Section 20-20 of the Illinois Procurement Code, shall be let to the lowest responsible bidder or bidders, on open, competitive bidding after public advertisement made at least 5 days prior to the opening of bids, in the Illinois Procurement Bulletin, in the manner and on one or more occasions as may be prescribed by the Authority, except that bidding shall not be required:

1. if the goods or services to be procured are economically procurable from only one source, such as contracts for telephone service, electric energy and other public utility services, housekeeping services, books, pamphlets and periodicals, and specially designed business equipment and software;

2. if the services required are for professional, technical, or artistic skills;

3. if the services required are for advertising, promotional, and public relations services;

4. in emergencies if an affidavit of the person or persons authorizing the expenditure is filed with the Authority and the Auditor General within 10 days after such authorization setting forth the conditions and circumstances requiring the emergency purchase, the amount expended, and the name of the vendor or contractor involved; however, if only an estimate is available within the 10 days allowed for filing the affidavit, the actual cost shall be reported immediately after it is determined;

5. in case of expenditures for personal services;

6. for contracts for equipment and spare parts for the maintenance and operation of any high speed railway, whenever the Authority shall, by resolution, declare and find that a particular make and type of equipment is required for efficient maintenance and operation and proper servicing, for uniformity in and integration with the spare parts program and inventory control, or for other reasons peculiar to the problems of the high speed railway or its previously acquired equipment; however, competition and competitive bids shall be obtained by the Authority with respect to such specified equipment or spare parts, insofar as possible, and when effective, pursuant to public advertisement as hereinbefore provided.

7. for contracts for insurance, fidelity, and surety bonds; and

8. for contracts or agreements for the completion of a terminated or defaulted contract or agreement.

(c) The solicitation for bids shall be in conformance with accepted business practices and the method of solicitation shall be set out in detail in the rules and regulations of the Authority.

(d) Proposals received under public advertisement shall be publicly opened at the day and hour and at the place specified in the solicitation for such bids.

(e) Successful bidders for services and supplies shall enter into contracts furnished and prescribed by the Authority.

(f) All purchases, contracts, or other obligations or expenditures of funds by the Authority shall be in accordance with rules and regulations governing the Authority's procurement practice and procedures and the Authority shall promulgate and publish such practices and procedures in sufficient number for distribution to persons interested in bidding on purchases or contracts to be let by the Authority. The rules and regulations shall be kept on file with the Secretary of the Authority at all times and shall be available for inspection by members of the public at all reasonable times and hours. The rules and regulations shall be filed and become effective in connection with the Illinois Administrative Procedure Act.

(g) Any contract entered into for purchase or expenditure of funds of the Authority made in violation of this Act or the Authority's rules and regulations is void and of no effect.

(h) Warrant. All sellers to the Authority shall attach a statement to the delivery invoice attesting that the standards set forth in the contracts have been met. The statement shall be substantially in the following form:

"The Seller,.... hereby certifies that the goods, merchandise and wares shipped in accordance with the attached delivery invoice have met all the required standards set forth in the purchasing contract. ....(Seller)."

(i) Whoever violates the provisions of this Section, or the rules and regulations adopted in pursuance of it, is guilty of a Class A misdemeanor.

Section 170. Financial benefit prohibited.

(a) A director, employee, or agent of the Authority may not receive a financial benefit from a contract let by the Authority during his or her term of service with the Authority and for a period of one year following the termination of his or her term of service as a director of the Authority or as an employee or agent of the Authority.

(b) A member of the immediate family or household of a director, employee, or agent of the Authority may not receive a financial benefit from a contract let by the Authority during the immediate family or household member's term of service with the Authority and for a period of one year following the termination of the immediate family or household member's term of service as a director of the Authority or as an employee or agent of the Authority.

(c) A director, employee, or agent of the Authority may not use material non-public information for personal financial gain nor may he or she disclose that information to any other person for that person's personal financial gain when that information was obtained as a result of his or her directorship, employment, or agency with the Authority.

(d) A member of the immediate family or household of a director, employee, or agent of the Authority may not use material non-public information for personal financial gain nor may he or she disclose that information to any other person for that person's personal financial gain when that information was obtained as a result of his or her immediate family or household member's directorship, employment, or agency with the Authority.

(e) For purposes of this Section, "immediate family or household member" means the spouse, child, parent, brother, sister, grandparent, or grandchild, whether of the whole blood or half blood or by adoption, or a person who shares a common dwelling with a director of the Authority or with an employee or agent of the Authority.

Section 175. Disadvantaged businesses.Consistent with general law, the Authority shall:

(a) set goals for the award of contracts to disadvantaged businesses and attempt to meet the goals;

(b) attempt to identify disadvantaged businesses that provide or have the potential to provide supplies, materials, equipment, or services to the Authority;

(c) give disadvantaged businesses full access to the Authority's contract bidding process, inform the businesses about the process, offer the businesses assistance concerning the process, and identify and take all reasonable steps to remove barriers to the businesses' participation in the process.

Section 180. Bonds.

(a) The Authority may from time to time issue bonds for any lawful purpose, including, without limitation, the costs of issuance of and all bonds or other obligations of the Authority issued pursuant to this Act shall be and are hereby declared to be negotiable for all purposes notwithstanding their payment from a limited source and without regard to any other law or laws.

(b) The bonds of every issue shall be payable solely out of revenues of the Authority, accumulated reserves or sinking funds, bond proceeds, proceeds of refunding bonds, or investment earnings as the Authority shall specify in a bond resolution.

(c) The bonds may be issued as serial bonds or as term bonds, or the Authority, in its discretion, may issue bonds of both types. The bonds shall be authorized by a bond resolution of the Authority, may be issued in one or more series and shall bear such date or dates, mature at such time or times not exceeding 25 years from their respective date or dates of issue, bear interest at such rate or rates, fixed or variable, without regard to any limit contained in any other statute or law of the State of Illinois, be payable as to principal and interest at such time or times, be in such denominations, be in such form, either coupon or fully registered, carry such registration and conversion privileges, be payable in lawful money of the United States of America at such places, be subject to such terms of redemption and may contain such other terms and provisions, as such bond resolution or resolutions may provide. The bonds shall be executed by the manual or facsimile signatures of the chairperson and the secretary. In case any of the officers whose signature appears on the bonds or coupons, if any, shall cease to be an officer before the delivery of the bonds, such signature shall nevertheless be valid and sufficient for all purposes, as if he or she had remained in office until the delivery of the bonds. The bonds shall be sold in a manner as the Authority shall determine. The proceeds from the sale of bonds shall be paid to the Treasurer of the State of Illinois as ex officio custodian. Pending preparation of the definitive bonds, the Authority may issue interim receipts or certificates which shall be exchanged for the definitive bonds.

(d) Any bond resolution or trust indenture entered into pursuant to a bond resolution may contain provisions, which shall be a part of the contract with the holders of the bonds to be authorized, as to: (i) pledging or creating a lien upon all or part of the revenues of the Authority or any reserves, sinking funds, bond proceeds, or investment earnings; (ii) the setting aside of reserves or sinking funds and the regulation, investment, and disposition thereof; (iii) the use and maintenance requirements for the high speed railways; (iv) the purposes to which or the investments in which the proceeds of sale of any series or issue of bonds then or thereafter to be issued may be applied; (v) the issuance of additional bonds, the terms upon which additional bonds may be issued and secured, the purposes for such additional bonds, and the terms upon which additional bonds may rank on a parity with, or be subordinate or superior to, other bonds; (vi) the refunding of outstanding bonds; (vii) the procedure, if any, by which the terms of any contract with bondholders may be amended or abrogated, the amount of bonds the holders of which must consent to, and the manner in which such consent may be given; (viii) defining the acts or omissions to act which shall constitute a default in the duties of the Authority to holders of its obligations and providing the rights and remedies of the holders in the event of a default; and (ix) any other matters relating to the bonds which the Authority deems desirable.

(e) Neither the directors of the Authority nor any person executing the bonds shall be liable personally on the bonds or be subject to any personal liability or accountability by reason of the issuance thereof.

(f) The Authority shall have power out of any funds available to purchase its bonds. The Authority may hold, pledge, cancel, or resell the bonds subject to and in accordance with agreements with bondholders.

(g) In the discretion of the Authority, any bonds issued under the provisions of this Act may be secured by a trust indenture by and between the Authority and a trustee or trustees, which may be any trust company or bank in the State of Illinois having the powers of a trust company and possessing capital and surplus of not less than $50,000,000. The bond resolution or trust indenture providing for the issuance of bonds so secured shall pledge such revenues of the Authority, sinking funds, bond proceeds, or investment earnings as may be specified, may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including particularly such provisions as have been specifically authorized to be included in any bond resolution or trust indenture of the Authority, and may restrict the individual right of action by bondholders. In addition to the foregoing, any bond resolution or trust indenture may contain other provisions as the Authority may deem reasonable and proper for the security of the bondholders, including, but not limited to, the purchase of bond insurance and the arrangement of letters of credit, lines of credit, or other credit or liquidity enhancement facilities; except, however, there shall be no pledge of the high speed railway line or any part thereof. All expenses incurred in carrying out the provisions of any bond resolution or trust indenture may be treated as a part of the cost of the operation of the high speed railway lines.

(h) Bonds issued under the authority of this Act do not, and shall state upon the face of each bond that they do not, represent or constitute a debt of the Authority or of the State of Illinois within the meaning of any constitutional or statutory limitation or a pledge of the faith and credit of the Authority or the State of Illinois, or grant to the owners or holders thereof any right to have the Authority or the General Assembly levy any taxes or appropriate any funds for the payment of the principal or interest. The bonds shall be payable and shall state that they are payable solely from the revenues and the sources authorized under this Act and pledged for their payment in accordance with the bond resolution or trust indenture.

Nothing in this Act shall be construed to authorize the Authority or any department, board, commission, or other agency to create an obligation of the State of Illinois within the meaning of the Constitution or Statutes of Illinois. Any resolution or trust indenture authorizing the issuance of the bonds may include provision for the issuance of additional bonds. All resolutions of the Authority to carry the adopted bond resolutions into effect, to provide for the sale and delivery of the bonds, for letting of contracts for the construction of high speed railways, and the acquisition of real and personal property deemed by the Authority necessary or convenient for the construction of high speed railways, shall not require the approval of the Governor or of any other department, division, commission, bureau, board, or other agency of the State.

Section 185. Expenses. The sums of money appropriated by the General Assembly for the payment of ordinary and contingent expenses of the Authority or the payment of compensation of the members of the Authority expended as a part of the cost of a high speed railway financed by revenue bonds issued and sold by the Authority under this Act shall be repaid to the State Treasury out of the proceeds of the sale of such bonds, for deposit in the fund from which the sums were appropriated. Any sums remaining unpaid because expended for preliminary investigation of high speed railway routes not constructed shall be repaid by the Authority out of the proceeds of the sale of any of the bonds issued to finance additional high speed railways or extensions of existing high speed railways.

Section 190. Fares. The Authority shall fix and revise from time to time, fares, charges, or rates for the privilege of using each of the high speed railways constructed under this Act. The fares shall be fixed and adjusted at rates calculated to provide the lowest reasonable fare rates that will provide funds sufficient with other revenues of the Authority to pay (1) the cost of the construction of a high speed railway authorized by joint resolution of the General Assembly and the reconstruction, major repairs, or improvements of high speed railways; (2) the cost of maintaining, repairing, regulating, and operating the high speed railways, including only the necessary expenses of the Authority; and (3) the principal of all bonds, bond interest, and all sinking fund requirements and other requirements provided by resolutions authorizing the issuance of the bonds as they shall become due. In fixing the fare rates under this Act, the Authority shall take into account the effect of the provisions of this Section permitting the use of the high speed railway system without payment of the covenants of the Authority contained in the resolutions and trust indentures authorizing the issuance of bonds of the Authority. No provision permitting the use of the high speed railway system without payment of fares after the effective date of this Act shall be applied in a manner that impairs the rights of bondholders pursuant to any resolution or trust indentures authorizing the issuance of bonds of the Authority. The use and disposition of any sinking or reserve fund shall be subject to such regulation as may be provided in the resolution or trust indenture authorizing the issuance of the bonds. Subject to the provisions of any resolution or trust indenture authorizing the issuance of bonds, any moneys in any sinking fund in excess of an amount equal to one year's interest on the bonds then outstanding secured by the sinking fund may be applied to the purchase or redemption of bonds. All bonds so redeemed or purchased shall be cancelled and shall not again be issued.

Section 195. Refunding bonds.

(a) The Authority is hereby authorized, by resolution, to provide for the issuance, from time to time, of refunding or advance refunding bonds for the purpose of refunding any bonds then outstanding at maturity or on any redemption date, whether an entire issue or series, or one or more issues or series, or any portions or parts of any issue or series, which shall have been issued by the Authority.

(b) The proceeds of any such refunding bonds may be used for any one or more of the following purposes:

(1) to pay the principal amount of any outstanding bonds to be retired at maturity or redeemed prior to maturity;

(2) to pay the total amount of any redemption premium incident to redemption of such outstanding bonds to be refunded;

(3) to pay the total amount of any interest accrued or to accrue to the date or dates of redemption or maturity of such outstanding bonds to be refunded;

(4) to pay any and all costs or expenses incident to such refunding;

(5) to make deposits into an irrevocable trust in accordance with subsection (f) of this Section. Refunding bonds may be issued in amounts sufficient to accomplish any one or more of the foregoing purposes, taking into consideration the income earned on bond proceeds prior to the application or without taking the income into consideration.

(c) The issuance of refunding bonds, the maturities and other details, the rights of the holders and the rights, duties, and obligations of the Authority in respect of the same shall be governed by the provisions of this Act, insofar as the same may be applicable, and may in harmony be adjusted and modified to conform to the facts and circumstances prevailing in each instance of issuance of such refunding bonds. The Authority need not comply with the requirements of any other law applicable to the issuance of bonds other than as set forth in this Act.

(d) With reference to the investment of the proceeds of any refunding bonds, the Authority shall not authorize or anticipate investment earnings exceeding such as are authorized or permitted under prevailing federal laws, regulations, and administrative rulings and interpretations relating to arbitrage bonds.

(e) The proceeds of any refunding bonds (together with any other funds available for application to refunding purposes, if so provided or permitted by resolution authorizing the issuance of refunding bonds, or in a trust indenture securing the same) may be placed in trust to be applied to the purchase, retirement at maturity, or redemption of the bonds to be refunded on dates as may be determined by the Authority. Pending the application, the proceeds of the refunding bonds and other available funds, if any, may be invested in direct obligations of, or obligations the principal of which and any interest on which are unconditionally guaranteed by, the United States of America which shall mature, or which shall be subject to redemption by the holder at its option, not later than the respective date or dates when the proceeds and other available funds, if any, will be required for the refunding purpose intended or authorized.

(f) Upon: (1) the deposit of the proceeds of the refunding bonds (together with any other funds available for application to refunding purposes, if so provided or permitted by resolution authorizing the issuance of such refunding bonds, or in a trust indenture securing the same) in an irrevocable trust under a trust agreement with a trustee requiring the trustee to satisfy the obligations of the Authority to timely pay at maturity or upon prior redemption the outstanding bonds for which the proceeds of the refunding bonds and other funds, if any, are deposited, in an amount sufficient to satisfy the obligations of the Authority to timely pay at maturity or upon prior redemption such outstanding bonds; (2) the deposit in the irrevocable trust of direct obligations of, or obligations the principal and interest of which are unconditionally guaranteed by, the United States of America in an amount sufficient, without regard to investment earnings, to satisfy the obligations of the Authority to timely pay at maturity or upon prior redemption the outstanding bonds; or (3) the deposit in the irrevocable trust of obligations referred to in (2) above in an amount sufficient so that, taking into account investment earnings, upon maturity (or upon optional redemption by the trustee) of the obligations amounts will be produced on a timely basis sufficient to satisfy the obligations of the Authority to timely pay at maturity or upon prior redemption of the outstanding bonds, the outstanding bonds shall be deemed paid and no longer be deemed to be outstanding for purposes of the resolution or trust indenture and all rights and obligations under any prior resolution or trust indenture shall be deemed discharged notwithstanding any provision of any outstanding bonds or any resolution or trust indenture authorizing the issuance of outstanding bonds; however, the holders of the outstanding bonds shall have an irrevocable and unconditional right to payment in full of all principal of and premium, if any, and interest on the outstanding bonds, at maturity or upon prior redemption, from the amounts on deposit in the trust. The trustee shall be any trust company or bank in the State of Illinois having the power of a trust company possessing capital and surplus of not less than $100,000,000.

(g) It is hereby found and determined that the contractual rights of the bondholders under any such prior resolution or trust indenture will not be impaired by a refunding this Section in that, the payment of such outstanding bonds having been provided for as set forth herein, the bondholders' rights and security as to payment of the principal of, premium, if any, and interest on such outstanding bonds will have been enhanced, and the bondholders shall suffer no financial loss.

Section 200. Payment of bonds. When all bonds including refunding bonds and all interest thereon have been paid, or a sufficient amount for the payment of all bonds and interest due or accrued thereon has been set aside in trust for the benefit of the bondholders and shall continue to be held for that purpose, and when all money appropriated by the General Assembly has been repaid under this Act, the high speed railways and any connecting tunnels, bridges, approaches, or other appurtenances to such high speed railways shall become a part of the system of the State highways of the State of Illinois.

When all the obligations and all bonds including refunding bonds of the Authority have been paid, the Authority shall be dissolved and all funds of the Authority not required for the payment of bonds, interest, machinery, equipment, property or other obligations of the Authority shall be paid to the State Treasurer.

Section 205. Taxation. All property belonging to the Authority, and the high speed railways, shall be exempt from taxation. However, property that has been or shall be leased by the Authority to a private individual, association, or corporation for a use which is not exempted from taxation under Article 15 of the Property Tax Code is subject to taxation as provided in Section 9-195 of the Property Tax Code, regardless of any provision in such a lease to the contrary.

Section 210. Legislative declaration; Authority budget.

(a) It is hereby declared, as a matter of legislative determination, that it is in the best interest of the State of Illinois, the public, and the holders of Authority bonds that Authority funds be expended only on goods and services that protect and enhance the efficiency, safety, and environmental quality of the high speed railway system.

(b) The Authority shall spend moneys received from the issuance of bonds and as fares or otherwise in the operation of the high speed railway system only on the following:

(1) operations and maintenance expenditures that are reasonable and necessary to keep the high speed railway system in a state of good repair in accordance with contemporary highway safety and maintenance standards;

(2) principal and interest payments and payment of other obligations the Authority has incurred in connection with bonds issued under this Act;

(3) renewal and replacement expenditures necessary and sufficient to protect and preserve the long-term structural integrity of the high speed railway system; and

(4) system improvement expenditures necessary and sufficient to improve and expand the high speed railway system, subject to the requirements of this Act.

(c) Any moneys remaining after the expenditures listed in subsection (b) of this Section may be spent only for reasonable and necessary Authority purposes that will enhance the safety, efficiency, and environmental quality of the high speed railway system in a cost-effective manner. Authority funds may not be spent for purposes not reasonably related to high speed railway operations and improvements or in a manner that is not cost-effective.

(d) The Authority must at all times maintain a reserve for maintenance and operating expenses that is no more than 130% of the operating expenses it has budgeted for its current fiscal year, unless the requirements of any bond resolution or trust indenture then securing obligations of the Authority mandate a greater amount.

(e) The Authority shall file with the Governor, the Clerk of the House of Representatives, the Secretary of the Senate, and the Commission on Government Forecasting and Accountability, on or prior to March 15th of each year, a written statement and report covering its activities for the preceding calendar year. The Authority shall present, to the committees of the House of Representatives designated by the Speaker of the House and to the committees of the Senate designated by the President of the Senate, an annual report outlining its planned revenues and expenditures. The Authority shall prepare an annual capital plan which identifies capital projects by location and details the project costs in correct dollar amounts. The Authority shall also prepare and file a ten-year capital plan that includes a listing of all capital improvement projects contemplated during the ensuing ten-year period. The first ten-year capital plan shall be filed in within one year after the enactment of this Act and thereafter on the anniversary of each ten-year period.

(f) It shall be the duty of the Auditor General of the State of Illinois to annually to audit or cause to be audited the books and records of the Authority and to file a certified copy of the report of such audit with the Governor and with the Legislative Audit Commission, which shall be open to the public for inspection.

(g) The Authority shall hold a public hearing on its proposed annual budget, not less than 15 days before its directors meet to consider adoption of the annual budget, at which any person may appear, express opinions, suggestions, or objections, or direct inquiries relating to the proposed budget. The Authority must give notice of the hearing at least 15 days prior to the hearing stating the time, place, and purpose of the hearing in a daily newspaper of general circulation throughout the Authority's service area and by posting the meeting notice and a copy of the proposed budget on the Authority's website. The proceedings at the hearing shall be transcribed. The transcript shall be made available at reasonable hours for public inspection, and a copy of the transcript, together with a copy of all written statements submitted at the hearing, shall be submitted to the directors before the vote on adoption of the proposed annual budget.

(h) The Authority shall post on its website copies of its annual report and its budget for the current year, along with any other financial information necessary to adequately inform the public of the Authority's financial condition and capital plan.

(i) The requirements set forth in subsections (b) through (g) of this Section may not be construed or applied in a manner that impairs the rights of bondholders under any bond resolution or trust indenture entered into in accordance with a bond resolution authorized by the Authority's directors, nor may those requirements be construed as a limitation on the Authority's powers as set forth elsewhere in this Act.

Section 215. Illinois High Speed Rail Authority Fund. Except as otherwise provided in any bond resolution, the proceeds derived from the sale of bonds, and all receipts and income derived from fares, licenses, gifts, donations, concessions, fees, rentals, and all other revenues from whatever source derived, shall, within 3 days after receipt thereof, be paid to the Treasurer of the State of Illinois, and held by the Treasurer as a special fund known as the Illinois High Speed Rail Authority Fund, except that the Authority may retain portions of the Illinois High Speed Rail Authority Fund as a locally maintained construction fund revolving account and as a revenue fund revolving account, where authorized by a bond resolution, and as locally maintained change funds, where necessary for the operations of the Authority. The State Treasurer shall be ex officio custodian of such special fund, which fund shall be held, invested and disbursed for the purposes provided herein upon the order of the Authority and in accordance with provisions and covenants of any bond resolution authorizing the issuance of bonds which have not been paid or deemed paid. The interest accruing on the special fund shall be computed and added to the principal every 6 months. In addition to the special audits prescribed by this Act, the Fund shall also be subject to audit in the same manner as is now or may be provided for the audit of State funds and accounts. The Fund shall be protected by a corporate surety bond, executed by the Treasurer, with a surety authorized to do business under the laws of the State of Illinois. The amount of bond shall be fixed by resolution of the Authority, approved by the Governor, and may be increased or diminished at any time. The premiums on the bond shall be payable from the funds of the Authority. The bond shall be subject to the approval of the Governor and Attorney General of the State of Illinois, and, when so approved, shall be filed in the office of the Secretary of State. The Fund shall be considered always appropriated for the purposes of disbursements, as provided in this Act, and shall be paid out and disbursed only as provided herein, and shall not, at any time be appropriated or diverted to any other use or purpose.

Section 220. Payments. After the issuance of revenue bonds to finance the construction of high speed railways, and repayment from the proceeds of the bonds of any amount repayable to the State Treasury under this Act, the expenses of the Authority, and the compensation of the members, and all other costs of the high speed railways and its administration and operation shall be paid from the proceeds of such bond issues or from the moneys received by the Authority as fares or otherwise in the operation of the high speed railways.

Section 225. Power to levy taxes. The Authority shall have no power to levy taxes, or to pledge any of its property, other than income from whatever source derived for the payments of any of its debts or obligations.

Section 230. Violations. Any person who violates any resolution, rule, or regulation, adopted or promulgated by the Authority this Act, shall be guilty of a petty offense.

Section 235. Waste. It is unlawful for any person to deposit within the right-of-way limits of the high speed railways trash, glass, weeds, garbage, or other offensive matter; and any person so offending shall be guilty of a petty offense and shall be fined not more than $500.00. However, this Section shall not apply to proper deposits of harmless materials made in good faith and in a proper manner to repair the high speed railways.

Section 240. Payment of fares. Any person who shall use any spurious or counterfeit tickets, coupons, or tokens in payment of any fare required to be paid by the Authority under this Act, or who shall attempt to use the high speed railway service without payment of the fares prescribed by the Authority, shall be deemed guilty of a petty offense and shall be fined not less than $5 nor more than $100 for each such offense.

Section 245. Interest in contracts. No director or officer of the Authority shall be interested, directly or indirectly, in any contract, agreement, lease, work, or business of the Authority, or in the sale of any article whenever the expense, price, or consideration of the contract, agreement, lease, work, business or sale is paid by the Authority. No director or officer of the Authority shall be interested, directly or indirectly, in the purchase, sale or lease of any property which (1) belongs to the Authority; (2) is sold, leased or acquired by the Authority; or (3) is sold by virtue of legal process at the suit of the Authority.

Section 250. Malconduct. Every chairperson, director, or officer of the Authority who is guilty of a palpable omission of duty, or who is guilty of willful and corrupt oppression, malconduct, or misfeasance in office in discharge of the duties of office shall be liable to indictment in any court of competent jurisdiction and shall be guilty of a Class A misdemeanor. Any conviction under this Section shall constitute grounds for removal under this Act.

Section 255. Investments. Counties, cities, villages, incorporated towns, and other municipal corporations, political subdivisions and public bodies, and public officers of any thereof, all banks, bankers, trust companies, savings banks and institutions, building and loan associations, savings and loan associations, investment companies, insurance associations and all executors, administrators, guardians, trustees and other fiduciaries may legally invest any sinking funds, moneys, or other funds belonging to them or within their control in any bonds or refunding bonds issued by the Authority. It is the purpose of this Section to authorize the investment in bonds, or refunding bonds, of all sinking, insurance, retirement, compensation, pension, and trust funds, whether owned or controlled by private or public persons or officers; except, however, that nothing contained in this Section may be construed as relieving any officer, person, firm, or corporation from any duty of exercising reasonable care in selecting securities.

Section 260. Suits. The State of Illinois hereby consents to suits against the Authority solely as in this Section as follows:

(a) The holder or holders of any bonds or coupons issued by the Authority may bring civil actions to compel the observance by the Authority or by any of its officers, agents, or employees of any contract or covenant made by the Authority with the holders of such bonds or coupons, and to compel the Authority and any of its officers, agents or employees, to perform any duties required to be performed for the benefit of the holders of the bonds or coupons by the provisions of the resolution authorizing their issuance, or by this Act, or to enjoin the Authority and any of its officers, agents or employees from taking any action in conflict with such contract or covenant.

(b) Any person or persons may bring a civil action to recover damages for injury to his or her person or property caused by any act of the Authority or by any act of any of its officers, agents, or employees done under its direction.

Section 265. Review. All determinations made by the Authority in the exercise of its discretionary powers, with the approval of the Governor if such approval is expressly required by the provisions of this Act, including without limitation, the location and terminal points of any high speed railway or section to be constructed by it, the materials to be used in its construction, the plans and specifications, the fares to be charged, and the letting of contracts for the construction of high speed railways, or the sale of bonds, shall be conclusive and shall not be subject to review by the courts or by any administrative agency of the State.

Section 270. Expenses.

(a) The sum of $100,000,000 is hereby appropriated from the Road Fund to The Illinois High Speed Rail Authority for the purpose of paying the ordinary and contingent expenses of the Authority necessary to finance engineering and traffic studies to determine the feasibility of constructing new high speed railways within the State of Illinois, to determine routes to prepare and develop appropriate business plans with the purpose to finance construction of the new high speed railways through Public-Private Partnership delivery methods, and for the purpose of compensating all persons who must be employed for such purposes.

(b) Compensation of employees devoting their entire time in coordinating the necessary information and in determining the feasibility of constructing additional high speed railways within the State of Illinois shall be paid from the amount appropriated, and in the case of any employee who is devoting part time to the coordination and procuring of the necessary material for a determination as to whether or not additional high speed railways shall be constructed within the State of Illinois shall be paid from the amount appropriated, to the extent of the time devoted to such work, it being the intent and purpose that each employee account for the time so spent to be paid from this appropriation, to the end that no charges or expenses of any kind shall be made to any of the funds or accounts created by virtue of the issuing of bonds under this Act, except those necessary to the maintenance, administration, and operation of existing high speed railway constructed under the provisions of this Act.

(c) The amount appropriated in this Section shall be repaid by the Authority under this Act.

Section 275. The State Finance Act is amended by adding Section 5.878 as follows:

(30 ILCS 105/5.878 new)

Sec. 5.878. The Illinois High Speed Rail Authority Fund.

Section 999. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.".