Full Text of HB5252 95th General Assembly
HB5252 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB5252
Introduced , by Rep. Elaine Nekritz SYNOPSIS AS INTRODUCED: |
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20 ILCS 2705/2705-435 |
was 20 ILCS 2705/49.25g-1 |
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Amends the Department of Transportation Law of the Civil Administrative Code of Illinois. Authorizes and directs the Department, subject to appropriation, to provide financial assistance to aid in the completion of the CREATE rail infrastructure improvement program in the Chicago area.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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HB5252 |
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LRB095 16427 JAM 42452 b |
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| AN ACT concerning State government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Department of Transportation Law of the
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| Civil Administrative Code of Illinois is amended by changing | 6 |
| Section 2705-435 as follows:
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| (20 ILCS 2705/2705-435) (was 20 ILCS 2705/49.25g-1)
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| 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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| 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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| Department of Commerce and Economic Opportunity. No funds | 23 |
| provided under this
Section shall be expended for the |
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HB5252 |
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LRB095 16427 JAM 42452 b |
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| acquisition of a right of way or for operating subsidies. The | 2 |
| costs of a project funded under this
Section shall be | 3 |
| apportioned in accordance with the agreement of the
parties for | 4 |
| the project. Projects are eligible for a loan or grant under
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| this Section only when the Department determines that the | 6 |
| transportation,
economic, and public benefits associated with | 7 |
| a project are
greater than the capital costs of that project | 8 |
| incurred by all parties to
the agreement and that the project | 9 |
| would not have occurred without
its
participation. In addition, | 10 |
| a project to be eligible for assistance under
this Section must | 11 |
| be included in a State plan for rail transportation and
local | 12 |
| rail service prepared by the Department. The Department may | 13 |
| also
expend State funds for professional engineering services | 14 |
| to conduct
feasibility studies of projects proposed for funding | 15 |
| under this Section, to
estimate the costs and material | 16 |
| requirements for those projects,
to provide
for the design of | 17 |
| those projects, including plans and
specifications, and to
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| conduct investigations to ensure compliance with the project | 19 |
| agreements.
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| The Department is specifically authorized and directed to | 21 |
| provide financial assistance to aid in the completion of the | 22 |
| CREATE rail infrastructure improvement program in the Chicago | 23 |
| area, subject to appropriation by the General Assembly. | 24 |
| The Department, acting through the Department of Central | 25 |
| Management
Services, shall also have the power to let contracts | 26 |
| for the
purchase of railroad materials and supplies. The |
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HB5252 |
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LRB095 16427 JAM 42452 b |
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| Department shall also
have the power to let contracts for the | 2 |
| rehabilitation,
improvement, or construction of rail | 3 |
| facilities. Any such contract shall
be let, after due public | 4 |
| advertisement, to the lowest responsible bidder or
bidders, | 5 |
| upon terms and conditions to be fixed by the Department. With
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| regard to rehabilitation, improvement, or construction | 7 |
| contracts, the
Department shall also require the successful | 8 |
| bidder or bidders to furnish
good and sufficient bonds to | 9 |
| ensure proper and prompt completion of the
work in accordance | 10 |
| with the provisions of the contracts.
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| In the case of an agreement under which State funds are | 12 |
| loaned under this
Section, the agreement shall provide the | 13 |
| terms and conditions of repayment.
The agreement shall provide | 14 |
| for the security that the
Department shall
determine to protect | 15 |
| the State's interest. The funds may be loaned with or
without | 16 |
| interest. Loaned funds that are repaid to the Department
shall | 17 |
| be
deposited in a special fund in the State treasury to be | 18 |
| known as the State
Rail Freight Loan Repayment Fund. In the | 19 |
| case of repaid funds deposited
in the State Rail Freight Loan
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| Repayment Fund, the Department shall, subject to | 21 |
| appropriation, have
the
reuse of those funds and the interest | 22 |
| accrued thereon, which shall also be
deposited by the State | 23 |
| Treasurer in the Fund, as the State share
in other
eligible | 24 |
| projects under this Section. However, no expenditures from
the | 25 |
| State Rail Freight Loan Repayment Fund for those projects
shall | 26 |
| at any
time exceed the total sum of funds repaid and deposited |
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HB5252 |
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LRB095 16427 JAM 42452 b |
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| in the State Rail
Freight Loan Repayment Fund and interest | 2 |
| earned by investment by the State
Treasurer which the State | 3 |
| Treasurer shall have deposited in that Fund.
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| For the purposes of promoting efficient rail freight | 5 |
| service, the
Department may also provide technical assistance | 6 |
| to railroads, units of
local government or rail users, or | 7 |
| owners or lessees of railroad rights-of-way.
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| The Department shall take whatever actions are necessary or | 9 |
| appropriate
to protect the State's interest in the event of | 10 |
| bankruptcy, default,
foreclosure, or noncompliance with the | 11 |
| terms and conditions of financial
assistance or participation | 12 |
| provided hereunder, including the power to
sell, dispose, | 13 |
| lease, or rent, upon terms and conditions determined by the
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| Secretary to be appropriate, real or personal property that the
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| Department
may receive as a result thereof.
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| The Department is authorized to make reasonable rules and | 17 |
| regulations
consistent with law necessary to carry out the | 18 |
| provisions of this Section.
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| (Source: P.A. 94-793, eff. 5-19-06; 94-807, eff. 5-26-06.)
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