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1 | AN ACT concerning State government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Department of Transportation Law of the
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5 | Civil Administrative Code of Illinois is amended by changing | |||||||||||||||||||||
6 | Sections 2705-435 and 2705-440 as follows:
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7 | (20 ILCS 2705/2705-435) (was 20 ILCS 2705/49.25g-1)
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8 | Sec. 2705-435. Loans, grants, or contracts to | |||||||||||||||||||||
9 | rehabilitate, improve, or
construct rail facilities; State | |||||||||||||||||||||
10 | Rail Freight Loan Repayment Fund. In addition to the powers | |||||||||||||||||||||
11 | under Section 105-430,
the
Department shall have the power to | |||||||||||||||||||||
12 | enter into agreements to loan or grant
State funds to any | |||||||||||||||||||||
13 | railroad, unit of local government, rail user, or owner
or | |||||||||||||||||||||
14 | lessee of a railroad right of way to rehabilitate, improve, or | |||||||||||||||||||||
15 | construct
rail facilities.
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16 | For each project proposed for funding under this Section | |||||||||||||||||||||
17 | the Department
shall, to the extent possible, give preference | |||||||||||||||||||||
18 | to cost effective projects
that facilitate continuation of | |||||||||||||||||||||
19 | existing rail freight service.
In the
exercise of its powers | |||||||||||||||||||||
20 | under this Section, the Department shall coordinate
its program | |||||||||||||||||||||
21 | with the industrial retention and attraction programs of the
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22 | Department of Commerce and Economic Opportunity
Community | |||||||||||||||||||||
23 | Affairs . No funds provided under this
Section shall be expended | |||||||||||||||||||||
24 | for the acquisition of a right of way or rolling
stock or for | |||||||||||||||||||||
25 | operating subsidies. The costs of a project funded under this
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26 | Section shall be apportioned in accordance with the agreement | |||||||||||||||||||||
27 | of the
parties for the project. Projects are eligible for a | |||||||||||||||||||||
28 | loan or grant under
this Section only when the Department | |||||||||||||||||||||
29 | determines that the transportation,
economic, and public | |||||||||||||||||||||
30 | benefits associated with a project are
greater than the capital | |||||||||||||||||||||
31 | costs of that project incurred by all parties to
the agreement | |||||||||||||||||||||
32 | and that the project would not have occurred without
its
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1 | participation. In addition, a project to be eligible for | ||||||
2 | assistance under
this Section must be included in a State plan | ||||||
3 | for rail transportation and
local rail service prepared by the | ||||||
4 | Department. The Department may also
expend State funds for | ||||||
5 | professional engineering services to conduct
feasibility | ||||||
6 | studies of projects proposed for funding under this Section, to
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7 | estimate the costs and material requirements for those | ||||||
8 | projects,
to provide
for the design of those projects, | ||||||
9 | including plans and
specifications, and to
conduct | ||||||
10 | investigations to ensure compliance with the project | ||||||
11 | agreements.
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12 | The Department, acting through the Department of Central | ||||||
13 | Management
Services, shall also have the power to let contracts | ||||||
14 | for the
purchase of railroad materials and supplies. The | ||||||
15 | Department shall also
have the power to let contracts for the | ||||||
16 | rehabilitation,
improvement, or construction of rail | ||||||
17 | facilities. Any such contract shall
be let, after due public | ||||||
18 | advertisement, to the lowest responsible bidder or
bidders, | ||||||
19 | upon terms and conditions to be fixed by the Department. With
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20 | regard to rehabilitation, improvement, or construction | ||||||
21 | contracts, the
Department shall also require the successful | ||||||
22 | bidder or bidders to furnish
good and sufficient bonds to | ||||||
23 | ensure proper and prompt completion of the
work in accordance | ||||||
24 | with the provisions of the contracts.
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25 | In the case of an agreement under which State funds are | ||||||
26 | loaned under this
Section, the agreement shall provide the | ||||||
27 | terms and conditions of repayment.
The agreement shall provide | ||||||
28 | for the security that the
Department shall
determine to protect | ||||||
29 | the State's interest. The funds may be loaned with or
without | ||||||
30 | interest. Loaned funds that are repaid to the Department
shall | ||||||
31 | be
deposited in a special fund in the State treasury to be | ||||||
32 | known as the State
Rail Freight Loan Repayment Fund. In the | ||||||
33 | case of repaid funds deposited
in the State Rail Freight Loan
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34 | Repayment Fund, the Department shall, subject to | ||||||
35 | appropriation, have
the
reuse of those funds and the interest | ||||||
36 | accrued thereon, which shall also be
deposited by the State |
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1 | Treasurer in the Fund, as the State share
in other
eligible | ||||||
2 | projects under this Section. However, no expenditures from
the | ||||||
3 | State Rail Freight Loan Repayment Fund for those projects
shall | ||||||
4 | at any
time exceed the total sum of funds repaid and deposited | ||||||
5 | in the State Rail
Freight Loan Repayment Fund and interest | ||||||
6 | earned by investment by the State
Treasurer which the State | ||||||
7 | Treasurer shall have deposited in that Fund.
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8 | For the purposes of promoting efficient rail freight | ||||||
9 | service, the
Department may also provide technical assistance | ||||||
10 | to railroads, units of
local government or rail users, or | ||||||
11 | owners or lessees of railroad rights-of-way.
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12 | The Department shall take whatever actions are necessary or | ||||||
13 | appropriate
to protect the State's interest in the event of | ||||||
14 | bankruptcy, default,
foreclosure, or noncompliance with the | ||||||
15 | terms and conditions of financial
assistance or participation | ||||||
16 | provided hereunder, including the power to
sell, dispose, | ||||||
17 | lease, or rent, upon terms and conditions determined by the
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18 | Secretary to be appropriate, real or personal property that the
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19 | Department
may receive as a result thereof.
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20 | The Department is authorized to make reasonable rules and | ||||||
21 | regulations
consistent with law necessary to carry out the | ||||||
22 | provisions of this Section.
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23 | (Source: P.A. 91-239, eff. 1-1-00; revised 12-6-03.)
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24 | (20 ILCS 2705/2705-440) (was 20 ILCS 2705/49.25h)
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25 | Sec. 2705-440. Intercity Rail Service.
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26 | (a) For the
purposes of providing intercity railroad | ||||||
27 | passenger service within this State
(or as part of service to | ||||||
28 | cities in
adjacent
states), the Department is authorized to | ||||||
29 | enter
into agreements with units of local government, the | ||||||
30 | Commuter Rail Division of
the Regional Transportation | ||||||
31 | Authority (or a public corporation on behalf of
that Division),
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32 | architecture or
engineering firms,
the National Railroad | ||||||
33 | Passenger Corporation, any carrier, any adjacent state
(or | ||||||
34 | political subdivision,
corporation, or agency of an adjacent | ||||||
35 | state), or any individual, corporation,
partnership, or public |
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1 | or private entity. The
cost related to such services shall
be | ||||||
2 | borne in such proportion as, by agreement or contract the
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3 | parties may desire.
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4 | (b) In providing any intercity railroad passenger service | ||||||
5 | as provided in
this Section, the Department shall have the | ||||||
6 | following additional powers:
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7 | (1) to enter into trackage use agreements with rail | ||||||
8 | carriers;
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9 | (2) to enter into haulage agreements with rail | ||||||
10 | carriers;
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11 | (3) to lease or otherwise contract for use, | ||||||
12 | maintenance, servicing, and
repair of any needed | ||||||
13 | locomotives, rolling stock, stations, or other
facilities, | ||||||
14 | the lease or contract having a term not to exceed 50
7
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15 | years
(but
any
multi-year contract shall recite that the | ||||||
16 | contract is subject to termination
and
cancellation, | ||||||
17 | without any penalty, acceleration payment, or other | ||||||
18 | recoupment
mechanism, in any fiscal year for which the | ||||||
19 | General Assembly fails to make an
adequate appropriation to | ||||||
20 | cover the contract obligation);
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21 | (4) to enter into management agreements;
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22 | (5) to include in any contract indemnification of | ||||||
23 | carriers or other
parties for any liability with regard to | ||||||
24 | intercity railroad passenger
service;
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25 | (6) to obtain insurance for any losses or claims
with | ||||||
26 | respect to the service;
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27 | (7) to promote the use of the service;
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28 | (8) to make grants to any body politic and corporate, | ||||||
29 | any unit of local
government, or the Commuter Rail Division | ||||||
30 | of the Regional Transportation
Authority to cover all or | ||||||
31 | any part of any capital or operating costs of
the service | ||||||
32 | and to enter into agreements with respect to those grants;
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33 | (9) to set any fares or make other regulations with | ||||||
34 | respect to the
service,
consistent with any contracts for | ||||||
35 | the service; and
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36 | (10) to otherwise enter into any contracts necessary or |
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1 | convenient to
provide the service.
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2 | (c) All service provided under this Section shall be exempt | ||||||
3 | from all
regulations by the Illinois Commerce Commission (other | ||||||
4 | than for safety
matters).
To the extent the service is provided | ||||||
5 | by the Commuter Rail Division of the
Regional Transportation | ||||||
6 | Authority (or a public corporation on behalf of that
Division), | ||||||
7 | it shall be exempt
from safety regulations of the Illinois | ||||||
8 | Commerce Commission to the extent the
Commuter Rail Division | ||||||
9 | adopts its own safety regulations.
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10 | (d) In connection with any powers exercised under this | ||||||
11 | Section, the
Department :
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12 | (1) shall not have the power of eminent domain; and
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13 | (2) shall not itself become the owner of railroad | ||||||
14 | locomotives or other
rolling stock,
or
directly operate any | ||||||
15 | railroad service with its own employees.
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16 | (e) Any contract with the Commuter Rail Division of the | ||||||
17 | Regional
Transportation Authority (or a public corporation on | ||||||
18 | behalf of the Division)
under this Section shall provide that | ||||||
19 | all costs in excess of revenue received
by the Division | ||||||
20 | generated from intercity rail service provided by the Division
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21 | shall be fully borne by the Department, and no funds for | ||||||
22 | operation of commuter
rail service shall be used, directly or | ||||||
23 | indirectly, or for any period of time,
to subsidize the | ||||||
24 | intercity rail operation. If at any time the Division does
not | ||||||
25 | have sufficient funds available to satisfy the requirements of | ||||||
26 | this
Section, the Division shall forthwith terminate the | ||||||
27 | operation of intercity rail
service. The payments made by the | ||||||
28 | Department to the Division for the intercity
rail passenger | ||||||
29 | service shall not be made in excess of those costs or as a
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30 | subsidy for costs of commuter rail operations. This shall not | ||||||
31 | prevent the
contract from providing for efficient coordination | ||||||
32 | of service and facilities to
promote cost effective operations | ||||||
33 | of both intercity rail passenger service and
commuter rail | ||||||
34 | services with cost allocations as provided in this paragraph.
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35 | (Source: P.A. 91-239, eff. 1-1-00.)
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1 | Section 99. Effective date. This Act takes effect upon | ||||||
2 | becoming law.
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