Full Text of HB5206 100th General Assembly
HB5206enr 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Department of Transportation Law of the
| 5 | | Civil Administrative Code of Illinois is amended by changing | 6 | | Section 2705-440 as follows:
| 7 | | (20 ILCS 2705/2705-440) (was 20 ILCS 2705/49.25h)
| 8 | | Sec. 2705-440. Intercity Rail Service.
| 9 | | (a) For the
purposes of providing intercity railroad | 10 | | passenger service within this State and throughout the United | 11 | | States
(or as part of service to cities in
adjacent
states) , | 12 | | the Department is authorized to enter
into agreements with any | 13 | | state, state agency, units of local government or political | 14 | | subdivisions , the Commuter Rail Division of
the Regional | 15 | | Transportation Authority (or a public corporation on behalf of
| 16 | | that Division),
architecture or
engineering firms,
the | 17 | | National Railroad Passenger Corporation, any carrier, any | 18 | | adjacent state
(or political subdivision,
corporation, or | 19 | | agency of an adjacent state), or any individual, corporation,
| 20 | | partnership, or public or private entity. The
cost related to | 21 | | such services shall
be borne in such proportion as, by | 22 | | agreement or contract the
parties may desire.
| 23 | | (b) In providing any intercity railroad passenger service |
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| 1 | | as provided in
this Section, the Department shall have the | 2 | | following additional powers:
| 3 | | (1) to enter into trackage use agreements with rail | 4 | | carriers;
| 5 | | (1.5) to freely lease or otherwise contract for any | 6 | | purpose any of the locomotives, passenger railcars, and | 7 | | other rolling stock equipment or accessions to any state or | 8 | | state agency, public or private entity, or quasi-public | 9 | | entities;
| 10 | | (2) to enter into haulage agreements with rail | 11 | | carriers;
| 12 | | (3) to lease or otherwise contract for use, | 13 | | maintenance, servicing, and
repair of any needed | 14 | | locomotives, rolling stock, stations, or other
facilities, | 15 | | the lease or contract having a term not to exceed 50
years
| 16 | | (but
any
multi-year contract shall recite that the contract | 17 | | is subject to termination
and
cancellation, without any | 18 | | penalty, acceleration payment, or other recoupment
| 19 | | mechanism, in any fiscal year for which the General | 20 | | Assembly fails to make an
adequate appropriation to cover | 21 | | the contract obligation);
| 22 | | (4) to enter into management agreements;
| 23 | | (5) to include in any contract indemnification of | 24 | | carriers or other
parties for any liability with regard to | 25 | | intercity railroad passenger
service;
| 26 | | (6) to obtain insurance for any losses or claims
with |
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| 1 | | respect to the service;
| 2 | | (7) to promote the use of the service;
| 3 | | (8) to make grants to any body politic and corporate, | 4 | | any unit of local
government, or the Commuter Rail Division | 5 | | of the Regional Transportation
Authority to cover all or | 6 | | any part of any capital or operating costs of
the service | 7 | | and to enter into agreements with respect to those grants;
| 8 | | (9) to set any fares or make other regulations with | 9 | | respect to the
service,
consistent with any contracts for | 10 | | the service; and
| 11 | | (10) to otherwise enter into any contracts necessary or | 12 | | convenient to
provide rail services, operate or maintain | 13 | | locomotives, passenger railcars, and other rolling stock | 14 | | equipment or accessions, including the lease or use of such | 15 | | locomotives, railcars, equipment, or accessions the | 16 | | service .
| 17 | | (c) All service provided under this Section shall be exempt | 18 | | from all
regulations by the Illinois Commerce Commission (other | 19 | | than for safety
matters).
To the extent the service is provided | 20 | | by the Commuter Rail Division of the
Regional Transportation | 21 | | Authority (or a public corporation on behalf of that
Division), | 22 | | it shall be exempt
from safety regulations of the Illinois | 23 | | Commerce Commission to the extent the
Commuter Rail Division | 24 | | adopts its own safety regulations.
| 25 | | (d) In connection with any powers exercised under this | 26 | | Section, the
Department
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| 1 | | (1) shall not have the power of eminent domain; and
| 2 | | (2) shall not
directly operate any railroad service | 3 | | with its own employees.
| 4 | | (e) Any contract with the Commuter Rail Division of the | 5 | | Regional
Transportation Authority (or a public corporation on | 6 | | behalf of the Division)
under this Section shall provide that | 7 | | all costs in excess of revenue received
by the Division | 8 | | generated from intercity rail service provided by the Division
| 9 | | shall be fully borne by the Department, and no funds for | 10 | | operation of commuter
rail service shall be used, directly or | 11 | | indirectly, or for any period of time,
to subsidize the | 12 | | intercity rail operation. If at any time the Division does
not | 13 | | have sufficient funds available to satisfy the requirements of | 14 | | this
Section, the Division shall forthwith terminate the | 15 | | operation of intercity rail
service. The payments made by the | 16 | | Department to the Division for the intercity
rail passenger | 17 | | service shall not be made in excess of those costs or as a
| 18 | | subsidy for costs of commuter rail operations. This shall not | 19 | | prevent the
contract from providing for efficient coordination | 20 | | of service and facilities to
promote cost effective operations | 21 | | of both intercity rail passenger service and
commuter rail | 22 | | services with cost allocations as provided in this paragraph.
| 23 | | (f) Whenever the Department enters is required to enter | 24 | | into an agreement with any carrier , state or state agency, any | 25 | | public or private entity, or quasi-public entity for either | 26 | | the Department's payment of such railroad required maintenance |
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| 1 | | expenses necessary for intercity passenger service or for the | 2 | | lease or use of locomotives, passenger railcars, and other | 3 | | rolling stock equipment or accessions , the Department may | 4 | | deposit such required maintenance funds , use fees, or rental | 5 | | payments into any in an escrow account. For purposes of this | 6 | | subsection, an escrow account means any a fiduciary account | 7 | | established with (i) any banking corporation which is both | 8 | | organized under the Illinois Banking Act and authorized to | 9 | | accept and administer trusts in this State, or (ii) any | 10 | | national banking association which has its principal place of | 11 | | business in this State and which also is authorized to accept | 12 | | and administer trusts in this State. The funds in any required | 13 | | maintenance the escrow account may be withdrawn by the carrier | 14 | | or entity in control of the railroad being maintained , only | 15 | | with the consent of the Department, pursuant to a written | 16 | | maintenance agreement and pursuant to a maintenance plan that | 17 | | shall be updated each year. Funds in an escrow account holding | 18 | | lease, use fees, or rental payments may be withdrawn by the | 19 | | Department to be used or expended on acquisition, offsets, | 20 | | overhaul fees, or costs of locomotives, railcars, equipment or | 21 | | accessions, including any future equipment purchase, expenses, | 22 | | fees, or costs, or any other purpose permitted or required by | 23 | | the escrow agreement or any other agreement regarding | 24 | | disbursement of funds. The moneys deposited in the escrow | 25 | | accounts shall be invested and reinvested, pursuant to the | 26 | | direction of the Department, in bonds and other interest |
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| 1 | | bearing obligations of this State, or in such accounts, | 2 | | certificates, bills, obligations, shares, pools or other | 3 | | securities as are authorized for the investment of public funds | 4 | | under the Public Funds Investment Act. Escrow accounts created | 5 | | under this subsection shall not have terms that exceed 20 | 6 | | years. At the end of the term of an escrow account, the | 7 | | remaining balance shall be deposited in the High-Speed Rail | 8 | | Rolling Stock Fund, a special fund that is created in the State | 9 | | Treasury. Moneys in the High-Speed Rail Rolling Stock Fund may | 10 | | be used for any purpose related to locomotives, passenger | 11 | | railcars, and other rolling stock equipment. The Department | 12 | | shall prepare a report for presentation to the Comptroller and | 13 | | the Treasurer each year that shows the amounts deposited and | 14 | | withdrawn, the purposes for withdrawal, the balance, and the | 15 | | amounts derived from investment. | 16 | | (Source: P.A. 97-1080, eff. 8-24-12.)
| 17 | | Section 10. The State Finance Act is amended by adding | 18 | | Section 5.886 as follows: | 19 | | (30 ILCS 105/5.886 new) | 20 | | Sec. 5.886. The High-Speed Rail Rolling Stock Fund.
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