Full Text of SB0508 100th General Assembly
SB0508sam001 100TH GENERAL ASSEMBLY | Sen. James F. Clayborne, Jr. Filed: 3/16/2017
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| 1 | | AMENDMENT TO SENATE BILL 508
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 508 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the High | 5 | | Speed Rail Authority Act. | 6 | | Section 5. Legislative finding. It is hereby declared, as a | 7 | | matter of legislative determination, that in order to promote | 8 | | the public welfare, and to facilitate rail traffic by providing | 9 | | convenient, safe, and modern high speed rail transportation | 10 | | designed for the accommodation of the needs of the traveling | 11 | | public through and within the State of Illinois, that it is | 12 | | necessary in the public interest to provide for the | 13 | | construction, operation, regulation and maintenance of a high | 14 | | speed rail system, incorporating therein the benefits of | 15 | | advanced engineering skill, design, experience and safety | 16 | | factors, to eliminate existing traffic hazards, relieve |
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| 1 | | congestion of highways, integrate surface and air modes of | 2 | | local, metropolitan, regional and long distance services, | 3 | | exploit existing transportation and utility infrastructure, | 4 | | and decrease air pollution. It is also necessary and in the | 5 | | public interest to create The Illinois High Speed Rail | 6 | | Authority, as an instrumentality and administrative agency of | 7 | | the State of Illinois, and to confer upon and vest in the | 8 | | Authority all powers necessary or appropriate to enable the | 9 | | Authority to carry out the foregoing stated legislative purpose | 10 | | and determination. | 11 | | Section 10. Definitions. The following words and terms as | 12 | | used in this Act have the following meanings: | 13 | | (a) "Authority" means the Illinois High Speed Rail | 14 | | Authority.
| 15 | | (b) "Cost", as applied to an HSR, means the cost of | 16 | | construction, including bridges over or under existing | 17 | | highways and railroads, the cost of acquisition of all land, | 18 | | rights of way, property, rights, easements and interests | 19 | | acquired by the Authority for such construction, the cost of | 20 | | demolishing or removing any buildings or structures on land so | 21 | | acquired, including the cost of acquiring any lands to which | 22 | | such buildings or structures may be moved, the cost of | 23 | | diverting highways, interchange of highways, access to roads to | 24 | | private property, including the cost of lands or easements | 25 | | therefor, the cost of all machinery and equipment, financing |
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| 1 | | charges, interest prior to and during construction, and for one | 2 | | or more years after completion of construction, cost of traffic | 3 | | estimates and of engineering and legal expenses, plans, | 4 | | specifications, surveys, estimates of cost and revenues, other | 5 | | expenses necessary or incident to determining the feasibility | 6 | | or practicability of constructing any such high speed railway | 7 | | line, administrative expenses and such other expense as may be | 8 | | necessary or incident to the construction of the high speed | 9 | | railway line, the financing of such construction and the | 10 | | placing of the railway in operation.
| 11 | | (c) "High speed rail" or "HSR" means such railway that is | 12 | | designed and constructed, in the best professional judgment of | 13 | | the engineering staff responsible, to accommodate trains to run | 14 | | at speeds of more than 180 miles per hour so as to accomplish | 15 | | the purposes of this Act. | 16 | | (d) "Owner" means all individuals, copartnerships, firms, | 17 | | associations, corporations, trustees or legal representatives, | 18 | | and others having any title or interest in any property, rights | 19 | | or easements authorized to be acquired by this Act.
| 20 | | (e) "Person" means any individual, firm, association, | 21 | | partnership, corporation, trustee or legal representative.
| 22 | | Section 15. The Authority. There is hereby created an | 23 | | Authority to be known as The Illinois High Speed Rail | 24 | | Authority, which is hereby constituted an instrumentality and | 25 | | an administrative agency of the State of Illinois. The |
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| 1 | | Authority shall consist of 11 directors; the Governor and the | 2 | | Secretary of the Department of Transportation, ex officio, and | 3 | | 9 directors appointed by the Governor with the advice and | 4 | | consent of the Senate, from the State at large. The directors | 5 | | and their successors are hereby authorized to carry out the | 6 | | provisions of this Act, and to exercise the powers herein | 7 | | conferred. Of the 9 directors appointed by the Governor, no | 8 | | more than 5 shall be members of the same political party. | 9 | | Vacancies shall be filled for the unexpired term in the same | 10 | | manner as original appointments. All appointments shall be in | 11 | | writing and filed with the Secretary of State as a public | 12 | | record. It is the intention of this Section that the Governor's | 13 | | appointments shall be made with due consideration to the | 14 | | location of proposed high speed railway routes so that maximum | 15 | | geographic representation from the areas served by the high | 16 | | speed railway routes may be accomplished insofar as | 17 | | practicable. The Authority shall have the power to contract and | 18 | | be contracted with, to acquire, hold and convey personal and | 19 | | real property or any interest therein, including rights of way, | 20 | | franchises, and easements; to have and use a common seal, and | 21 | | to alter the same at will; to make and establish resolutions, | 22 | | by-laws, rules, rates and regulations, and to alter or repeal | 23 | | the same as the Authority shall deem necessary and expedient | 24 | | for the construction, operation, relocation, regulation, and | 25 | | maintenance of a system of high speed railways within and | 26 | | through the State of Illinois. |
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| 1 | | Section 20. Chairperson of the Authority. Of the directors | 2 | | appointed by the Governor, one such director shall be appointed | 3 | | by the Governor as chairperson and shall hold office for 4 | 4 | | years from the date of his appointment, and until his or her | 5 | | successor shall be duly appointed and qualified, but shall be | 6 | | subject to removal by the Governor for incompetency, neglect of | 7 | | duty or malfeasance. | 8 | | The chairperson shall preside at all meetings of the Board | 9 | | of Directors of the Authority; shall exercise general | 10 | | supervision over all powers, duties, obligations, and | 11 | | functions of the Authority; and shall approve or disapprove all | 12 | | resolutions, by-laws, rules, rates, and regulations made and | 13 | | established by the Board of Directors, and if the chairperson | 14 | | shall approve thereof, he or she shall sign the same, and if he | 15 | | or she shall not approve thereof, he or she shall return to the | 16 | | Board of Directors with his or her objections in writing at the | 17 | | next regular meeting of the Board of Directors occurring after | 18 | | the passage thereof. Such veto may extend to any one or more | 19 | | items contained in such resolution, by-law, rule, rate, or | 20 | | regulation, or to its entirety; and in case the veto extends to | 21 | | a part of such resolution, by-law, rule, rate, or regulation, | 22 | | the residue shall take effect and be in force, but in case the | 23 | | chairperson shall fail to return any resolution, by-law, rule, | 24 | | rate, or regulation with his or her objections thereto by the | 25 | | time aforesaid, he or she shall be deemed to have approved the |
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| 1 | | same, and the same shall take effect accordingly. Upon the | 2 | | return of any resolution, by-law, rule, rate, or regulation by | 3 | | the chairperson, the vote by which the same was passed shall be | 4 | | reconsidered by the Board of Directors, and if upon such | 5 | | reconsideration two-thirds of all the Directors agree by yeas | 6 | | and nays to pass the same, it shall go into effect | 7 | | notwithstanding the chairperson's refusal to approve thereof. | 8 | | The chairperson shall receive a salary of $1,000 per annum, | 9 | | payable in monthly installments, together with reimbursement | 10 | | for necessary expenses incurred in the performance of his or | 11 | | her duties. The chairperson shall be eligible for | 12 | | reappointment. | 13 | | Section 25. Directors of the Authority. Of the original | 14 | | directors, other than the chairperson, so appointed by the | 15 | | Governor, 3 shall hold office for 2 years and 3 shall hold | 16 | | office for 4 years, from the date of their appointment and | 17 | | until their respective successors shall be duly appointed and | 18 | | qualified, but shall be subject to removal by the Governor for | 19 | | incompetency, neglect of duty, or malfeasance. In case of | 20 | | vacancies in such offices during the recess of the Senate, the | 21 | | Governor shall make a temporary appointment until the next | 22 | | meeting of the Senate when the Governor shall nominate some | 23 | | person to fill such office and any person so nominated, who is | 24 | | confirmed by the Senate, shall hold office during the remainder | 25 | | of the term and until his or her successor shall be appointed |
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| 1 | | and qualified. The respective term of the first directors | 2 | | appointed shall be designated by the Governor at the time of | 3 | | appointment, but their successors shall each be appointed for a | 4 | | term of 4 years, except that any person appointed to fill a | 5 | | vacancy shall serve only for the unexpired term. Directors | 6 | | shall be eligible for reappointment. | 7 | | In making the initial appointments of the 2 additional | 8 | | directors provided for by this Act, the respective terms of the | 9 | | 2 additional directors first appointed shall be designated by | 10 | | the Governor at the time of appointment in a manner that the | 11 | | term of one additional director shall expire at the same time | 12 | | as the terms of 4 of the other directors and the term of the | 13 | | other additional director shall expire at the same time as the | 14 | | terms of 3 of the other directors; thereafter the terms shall | 15 | | be 4 years. | 16 | | Each such director, other than ex officio members, shall | 17 | | receive an annual salary of $500, payable in monthly | 18 | | installments, and shall be reimbursed for necessary expenses | 19 | | incurred in the performance of his or her duties. | 20 | | Section 30. Quorum. Immediately after the appointment and | 21 | | qualification of the chairperson and directors under this Act, | 22 | | the chairperson and directors shall enter upon their duties. | 23 | | The directors shall biennially select a secretary, who may or | 24 | | may not be a director, and if not a director, fix his or her | 25 | | compensation. Six directors shall constitute a quorum. No |
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| 1 | | vacancy in the Board of Directors shall impair the right of a | 2 | | quorum of the directors to exercise all the rights and perform | 3 | | all the duties of the Authority. | 4 | | Section 35. Bonds. The chairperson of the Board of | 5 | | Directors shall execute and file a bond in the penal sum of | 6 | | $100,000. Each other director, other than the ex officio | 7 | | directors, shall qualify by executing and filing a bond in the | 8 | | penal sum of $25,000, and the secretary, if not a member of the | 9 | | Authority, shall execute and file a bond in the penal sum of | 10 | | $15,000. All such bonds shall be payable to the People of the | 11 | | State of Illinois, and be conditioned upon the faithful | 12 | | performance of the duties imposed upon the chairperson, | 13 | | directors, or secretary under this Act. The bonds shall be | 14 | | subject to the approval of the Governor and of the Attorney | 15 | | General of the State of Illinois, and shall, when executed and | 16 | | so approved, be filed in the office of the Secretary of State. | 17 | | The bonds shall be with a surety company, or companies, | 18 | | authorized to do business in this State, and the cost of any | 19 | | official bonds required to be furnished hereunder shall be paid | 20 | | out of any fund subject to expenditure by the Authority. | 21 | | The chairperson, directors, and secretary of the Authority | 22 | | shall be eligible to participate in all pensions, accident, | 23 | | health, and benefit plans established by the Authority for its | 24 | | employees in the same manner and form as all other employees. |
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| 1 | | Section 40. Public comments at board meetings. The Board of | 2 | | Directors shall set aside a portion of each meeting of the | 3 | | Board that is open to the public under the Open Meetings Act | 4 | | during which members of the public who are present at the | 5 | | meeting may comment on any subject. | 6 | | Section 45. Authority powers. The Authority shall have the | 7 | | power: | 8 | | (a) To acquire, own, use, hire, lease, operate and dispose | 9 | | of personal property, real property, any interest therein, | 10 | | including rights-of-way, franchises, and easements.
| 11 | | (b) To enter into all contracts and agreements necessary or | 12 | | incidental to the performance of its powers under this Act. All | 13 | | employment contracts let under this Act shall be in conformity | 14 | | with the applicable provisions of the Prevailing Wage Act. | 15 | | (c) To employ and discharge, without regard to the | 16 | | requirements of any civil service or personnel act, such | 17 | | administrative, engineering, traffic, architectural, | 18 | | construction, and financial experts, and inspectors, and such | 19 | | other employees, as are necessary in the Authority's judgment | 20 | | to carry out the purposes of this Act; and to establish and | 21 | | administer standards of classification of all of such persons | 22 | | with respect to their compensation, duties, performance, and | 23 | | tenure; and to enter into contracts of employment with such | 24 | | persons for such periods and on such terms as the Authority | 25 | | deems desirable.
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| 1 | | (d) To appoint by and with the consent of the Attorney | 2 | | General, assistant attorneys for such Authority. The assistant | 3 | | attorneys shall be under the control, direction and supervision | 4 | | of the Attorney General and shall serve at his or her pleasure.
| 5 | | (e) To retain special counsel, subject to the approval of | 6 | | the Attorney General, as needed from time to time, and fix | 7 | | their compensation; provided the special counsel shall be | 8 | | subject to the control, direction, and supervision of the | 9 | | Attorney General and shall serve at the pleasure of the | 10 | | Attorney General.
| 11 | | (f) To acquire, construct, relocate, operate, regulate, | 12 | | and maintain a system of high speed rail lines through and | 13 | | within the State of Illinois. However, the Authority does not | 14 | | have the power to acquire, operate, regulate, or maintain any | 15 | | system of high speed rail lines or portions of them (including, | 16 | | but not limited to, any system organized under Division 108 of | 17 | | Article 11 of the Illinois Municipal Code) in the event either | 18 | | of the following conditions exists at the time the proposed | 19 | | acquisition, operation, regulation, or maintenance of the | 20 | | system is to become effective:
| 21 | | (1) the principal or interest on bonds or other | 22 | | instruments evidencing indebtedness of the system are in | 23 | | default; or
| 24 | | (2) the principal or interest on bonds or other | 25 | | instruments evidencing indebtedness of the system have | 26 | | been in default at any time during the 5 year period prior |
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| 1 | | to the proposed acquisition.
| 2 | | (g) To facilitate such construction, operation, and | 3 | | maintenance, and subject to the approval of the Office of | 4 | | Highway Project Implementation and the Office of Intermodal | 5 | | Project Implementation of the Department of Transportation, | 6 | | the Authority shall have the full use and advantage of the | 7 | | engineering staff and facilities of the Department.
| 8 | | Section 50. High Speed Rail Inspector General. | 9 | | (a) The Governor shall, with the advice and consent of the | 10 | | Senate by three-fifths of the elected members concurring by | 11 | | record vote, appoint a High Speed Rail Inspector General for | 12 | | the purpose of detection, deterrence, and prevention of fraud, | 13 | | corruption, and mismanagement in the Authority. The High Speed | 14 | | Rail Inspector General shall serve a 5-year term. If, during a | 15 | | recess of the Senate, there is a vacancy in the office of the | 16 | | High Speed Rail Inspector General, the Governor shall make a | 17 | | temporary appointment until the next meeting of the Senate when | 18 | | the Governor shall make a nomination to fill that office. No | 19 | | person rejected for the office of the High Speed Rail Inspector | 20 | | General shall, except by the Senate's request, be nominated | 21 | | again for that office at the same session of the Senate or be | 22 | | appointed to that office during a recess of that Senate. The | 23 | | Governor may not appoint a relative, as defined by item (6) of | 24 | | Section 10-15 of the State Officials and Employees Ethics Act, | 25 | | as the High Speed Rail Inspector General. The High Speed Rail |
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| 1 | | Inspector General may be removed only for cause and may be | 2 | | removed only by the Governor.
| 3 | | (b) The High Speed Rail Inspector General shall have the | 4 | | following qualifications:
| 5 | | (1) has not been convicted of any felony under the laws | 6 | | of this State, another state, or the United States;
| 7 | | (2) has earned a baccalaureate degree from an | 8 | | institution of higher education; and
| 9 | | (3) has 5 or more years of cumulative service (i) with | 10 | | a federal, state, or local law enforcement agency, at least | 11 | | 2 years of which have been in a progressive investigatory | 12 | | capacity; (ii) as a federal, state, or local prosecutor; | 13 | | (iii) as a federal or state judge with a criminal docket; | 14 | | (iv) as a senior manager or executive of a federal, state, | 15 | | or local agency; or (v) representing any combination of (i) | 16 | | through (iv).
| 17 | | (c) The term of the initial High Speed Rail Inspector | 18 | | General shall commence upon qualification and shall run through | 19 | | June 30, 2018. The initial appointments shall be made within 60 | 20 | | days after the effective date of this Act. After the initial | 21 | | term, each High Speed Rail Inspector General shall serve for | 22 | | 5-year terms commencing on July 1 of the year of appointment | 23 | | and running through June 30 of the fifth following year. A High | 24 | | Speed Rail Inspector General may be reappointed to one or more | 25 | | subsequent terms. A vacancy occurring other than at the end of | 26 | | a term shall be filled by the Governor only for the balance of |
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| 1 | | the term of the High Speed Rail Inspector General whose office | 2 | | is vacant. Terms shall run regardless of whether the position | 3 | | is filled.
| 4 | | (d) The High Speed Rail Inspector General shall have | 5 | | jurisdiction over the Authority and all board members, | 6 | | officers, and employees of, and vendors, subcontractors, and | 7 | | others doing business with the Authority. The jurisdiction of | 8 | | the High Speed Rail Inspector General is to investigate | 9 | | allegations of fraud, waste, abuse, mismanagement, misconduct, | 10 | | nonfeasance, misfeasance, or malfeasance. Investigations may | 11 | | be based on complaints from any source, including anonymous | 12 | | sources, and may be self-initiated, without a complaint. An | 13 | | investigation may not be initiated more than 5 years after the | 14 | | most recent act of the alleged violation or of a series of | 15 | | alleged violations except where there is reasonable cause to | 16 | | believe that fraudulent concealment has occurred. To | 17 | | constitute fraudulent concealment sufficient to toll this | 18 | | limitations period, there must be an affirmative act or | 19 | | representation calculated to prevent discovery of the fact that | 20 | | a violation has occurred. The authority to investigate alleged | 21 | | violations of the State Officials and Employees Ethics Act by | 22 | | officers, employees, vendors, subcontractors, and others doing | 23 | | business with the Authority shall remain with the Office of the | 24 | | Governor's Executive Inspector General. The High Speed Rail | 25 | | Inspector General shall refer allegations of misconduct under | 26 | | the State Officials and Employees Ethics Act to the Office of |
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| 1 | | the Governor's Executive Inspector General for investigation. | 2 | | Upon completion of its investigation into such allegations, the | 3 | | Office of the Governor's Executive Inspector General shall | 4 | | report the results to the High Speed Rail Inspector General, | 5 | | and the results of the investigation shall remain subject to | 6 | | any applicable confidentiality provisions in the State | 7 | | Officials and Employees Ethics Act. Where an investigation into | 8 | | a target or targets is split between allegations of misconduct | 9 | | under the State Officials and Employees Ethics Act, | 10 | | investigated by the Office of the Governor's Executive | 11 | | Inspector General, and allegations that are not of misconduct | 12 | | under the State Officials and Employees Ethics Act, | 13 | | investigated by the High Speed Rail Inspector General, the High | 14 | | Speed Rail Inspector General shall take reasonable steps, | 15 | | including continued consultation with the Office of the | 16 | | Governor's Executive Inspector General, to ensure that its | 17 | | investigation will not interfere with or disrupt any | 18 | | investigation by the Office of the Governor's Executive | 19 | | Inspector General or law enforcement authorities. In instances | 20 | | in which the High Speed Rail Inspector General continues to | 21 | | investigate other allegations associated with allegations that | 22 | | have been referred to the Office of the Governor's Executive | 23 | | Inspector General under this subsection (d), the High Speed | 24 | | Rail Inspector General shall report the results of its | 25 | | investigation to the Office of the Governor's Executive | 26 | | Inspector General.
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| 1 | | (e)(1) If the High Speed Rail Inspector General, upon the | 2 | | conclusion of an investigation, determines that reasonable | 3 | | cause exists to believe that fraud, waste, abuse, | 4 | | mismanagement, misconduct, nonfeasance, misfeasance, or | 5 | | malfeasance has occurred, then the High Speed Rail Inspector | 6 | | General shall issue a summary report of the investigation. The | 7 | | report shall be delivered to the appropriate authority under | 8 | | paragraph (3) of subsection (f) of this Section, which shall | 9 | | have 20 days to respond to the report.
| 10 | | (2) The summary report of the investigation shall | 11 | | include the following:
| 12 | | (A) a description of any allegations or other | 13 | | information received by the High Speed Rail Inspector | 14 | | General pertinent to the investigation.
| 15 | | (B) a description of any alleged misconduct | 16 | | discovered in the course of the investigation.
| 17 | | (C) recommendations for any corrective or | 18 | | disciplinary action to be taken in response to any | 19 | | alleged misconduct described in the report, including | 20 | | but not limited to discharge.
| 21 | | (D) other information the High Speed Rail | 22 | | Inspector General deems relevant to the investigation | 23 | | or resulting recommendations.
| 24 | | (3) Within 60 days after issuance of a final summary | 25 | | report that resulted in a suspension of at least 3 days or | 26 | | termination of employment, the High Speed Rail Inspector |
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| 1 | | General shall make the report available to the public by | 2 | | presenting the report to the Board of the Authority and by | 3 | | posting to the Authority's public website. The High Speed | 4 | | Rail Inspector General shall redact information in the | 5 | | summary report that may reveal the identity of witnesses, | 6 | | complainants, or informants, or if the High Speed Rail | 7 | | Inspector General determines it is appropriate to protect | 8 | | the identity of a person before the report is made public. | 9 | | The High Speed Rail Inspector General may also redact any | 10 | | information that he or she believes should not be made | 11 | | public, taking into consideration the factors set forth in | 12 | | this subsection and paragraph (1) of subsection (k) of this | 13 | | Section and other factors deemed relevant by the High Speed | 14 | | Rail Inspector General to protect the Authority and any | 15 | | investigations by the High Speed Rail Inspector General, | 16 | | other inspector general offices, or law enforcement | 17 | | agencies. Prior to publication, the High Speed Rail | 18 | | Inspector General shall permit the respondents and the | 19 | | appropriate authority under paragraph (3) of subsection | 20 | | (f) of this Section to review the report and the documents | 21 | | to be made public and offer suggestions for redaction or | 22 | | provide a response that shall be made public with the | 23 | | summary report; provided that the High Speed Rail Inspector | 24 | | General shall have the sole and final authority to decide | 25 | | what redactions should be made. The High Speed Rail | 26 | | Inspector General may make available to the public any |
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| 1 | | other summary report and any such responses or a redacted | 2 | | version of the report and responses.
| 3 | | (4) When the High Speed Rail Inspector General | 4 | | concludes that there is insufficient evidence that a | 5 | | violation has occurred, the High Speed Rail Inspector | 6 | | General shall close the investigation. The High Speed Rail | 7 | | Inspector General shall provide the appropriate authority | 8 | | under paragraph (3) of subsection (f) of this Section with | 9 | | a written statement of the High Speed Rail Inspector | 10 | | General's decision to close the investigation. At the | 11 | | request of the subject of the investigation, the High Speed | 12 | | Rail Inspector General shall provide a written statement to | 13 | | the subject of the investigation of the High Speed Rail | 14 | | Inspector General's decision to close the investigation. | 15 | | Closure by the High Speed Rail Inspector General does not | 16 | | bar the High Speed Rail Inspector General from resuming the | 17 | | investigation if circumstances warrant.
| 18 | | (f) The High Speed Rail Inspector General shall:
| 19 | | (1) have access to all information and personnel | 20 | | necessary to perform the duties of the office;
| 21 | | (2) have the power to subpoena witnesses and compel the | 22 | | production of books and papers pertinent to an | 23 | | investigation authorized by this Section. A subpoena may be | 24 | | issued under this paragraph (2) only by the High Speed Rail | 25 | | Inspector General and not by members of the High Speed Rail | 26 | | Inspector General's staff. Any person subpoenaed by the |
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| 1 | | High Speed Rail Inspector General has the same rights, | 2 | | under Illinois law as a person subpoenaed by a grand jury. | 3 | | The power to subpoena or to compel the production of books | 4 | | and papers, however, shall not extend to the person or | 5 | | documents of a labor organization or its representatives | 6 | | insofar as the person or documents of a labor organization | 7 | | relate to the function of representing an employee subject | 8 | | to investigation under this Section. Subject to a person's | 9 | | privilege against self-incrimination, any person who fails | 10 | | to appear in response to a subpoena, answer any question, | 11 | | or produce any books or papers pertinent to an | 12 | | investigation under this Section, except as otherwise | 13 | | provided in this Section, or who knowingly gives false | 14 | | testimony in relation to an investigation under this | 15 | | Section is guilty of a Class A misdemeanor;
| 16 | | (3) submit reports as required by this Section and | 17 | | applicable administrative rules. Final reports and | 18 | | recommendations shall be submitted to the Authority's | 19 | | Executive Director and the Board of Directors for | 20 | | investigations not involving the Board. Final reports and | 21 | | recommendations shall be submitted to the chairperson of | 22 | | the Board and to the Governor for investigations of any | 23 | | Board member other than the chairperson of the Board. Final | 24 | | reports and recommendations for investigations of the | 25 | | chairperson of the Board shall be submitted to the | 26 | | Governor; |
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| 1 | | (4) assist and coordinate with the ethics officer for | 2 | | the Authority;
| 3 | | (5) participate in or conduct, when appropriate, | 4 | | multi-jurisdictional investigations; provided the | 5 | | investigation involves the Authority in some way, | 6 | | including, but not limited to, joint investigations with | 7 | | the Office of the Governor's Executive Inspector General, | 8 | | or with State, local, or federal law enforcement | 9 | | authorities;
| 10 | | (6) serve as the Authority's primary liaison with law | 11 | | enforcement, investigatory, and prosecutorial agencies | 12 | | and, in that capacity, the High Speed Rail Inspector | 13 | | General may request any information or assistance that may | 14 | | be necessary for carrying out the duties and | 15 | | responsibilities provided by this Section from any local, | 16 | | state, or federal governmental agency or unit thereof;
| 17 | | (7) review hiring and employment files of the Authority | 18 | | to ensure compliance with Rutan v. Republican Party of | 19 | | Illinois, 497 U.S. 62 (1990), and with all applicable | 20 | | employment laws;
| 21 | | (8) establish a policy that ensures the appropriate | 22 | | handling and correct recording of all investigations | 23 | | conducted by the Office, and ensures that the policy is | 24 | | accessible via the Internet in order that those seeking to | 25 | | report suspected wrongdoing are familiar with the process | 26 | | and that the subjects of those allegations are treated |
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| 1 | | fairly;
| 2 | | (9) receive and investigate complaints or information | 3 | | from an employee of the Authority concerning the possible | 4 | | existence of an activity constituting a violation of law, | 5 | | rules or regulations, mismanagement, abuse of authority, | 6 | | or substantial and specific danger to the public health and | 7 | | safety. Any employee of the Authority who knowingly files a | 8 | | false complaint or files a complaint with reckless | 9 | | disregard for the truth or falsity of the facts underlying | 10 | | the complaint may be subject to discipline; and
| 11 | | (10) review, coordinate, and recommend methods and | 12 | | procedures to increase the integrity of the Authority.
| 13 | | (g) Within 6 months of appointment, the initial High Speed | 14 | | Rail Inspector General shall propose rules, in accordance with | 15 | | the provisions of the Illinois Administrative Procedure Act, | 16 | | establishing minimum requirements for initiating, conducting, | 17 | | and completing investigations. The rules must establish | 18 | | criteria for determining, based upon the nature of the | 19 | | allegation, the appropriate method of investigation, which may | 20 | | include, but is not limited to, site visits, telephone | 21 | | contacts, personal interviews, or requests for written | 22 | | responses. The rules must establish the process, contents, and | 23 | | timing for final reports and recommendations by the High Speed | 24 | | Rail Inspector General and for a response and any remedial, | 25 | | disciplinary, or both, action by an individual or individuals | 26 | | receiving the final reports and recommendations. The rules must |
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| 1 | | also clarify how the Office of the High Speed Rail Inspector | 2 | | General shall interact with other local, state, and federal law | 3 | | enforcement authorities and investigations. Such rules shall | 4 | | provide that investigations and inquiries by the Office of the | 5 | | High Speed Rail Inspector General must be conducted in | 6 | | compliance with the provisions of any collective bargaining | 7 | | agreement that applies to the affected employees of the | 8 | | Authority and that any recommendation for discipline or other | 9 | | action against any employee by the Office of the High Speed | 10 | | Rail Inspector General must comply with the provisions of any | 11 | | applicable collective bargaining agreement.
| 12 | | (h) The Office of the High Speed Rail Inspector General | 13 | | shall be an independent office of the Authority. Within its | 14 | | annual budget, the Authority shall provide a clearly delineated | 15 | | budget for the Office of the High Speed Rail Inspector General. | 16 | | The budget of the Office of the High Speed Rail Inspector | 17 | | General shall be adequate to support an independent and | 18 | | effective office. Except with the consent of the High Speed | 19 | | Rail Inspector General, the Authority shall not reduce the | 20 | | budget of the Office of the High Speed Rail Inspector General | 21 | | by more than 10 percent (i) within any fiscal year; or (ii) | 22 | | over the 5-year term of each High Speed Rail Inspector General. | 23 | | To the extent allowed by law and the Authority's policies, the | 24 | | High Speed Rail Inspector General shall have sole | 25 | | responsibility for organizing the Office of the High Speed Rail | 26 | | Inspector General within the budget established by the Board of |
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| 1 | | the High Speed Rail Authority, including the recruitment, | 2 | | supervision, and discipline of the employees of that Office. | 3 | | The High Speed Rail Inspector General shall report directly to | 4 | | the Board of Directors of the Authority with respect to the | 5 | | prompt and efficient operation of the Office of the High Speed | 6 | | Rail Inspector General.
| 7 | | (i)(1) No High Speed Rail Inspector General or employee of | 8 | | the Office of the High Speed Rail Inspector General may, during | 9 | | his or her term of appointment or employment:
| 10 | | (A) become a candidate for any elective office;
| 11 | | (B) hold any other elected or appointed public | 12 | | office except for appointments on governmental | 13 | | advisory boards or study commissions or as otherwise | 14 | | expressly authorized by law;
| 15 | | (C) be actively involved in the affairs of any | 16 | | political party or political organization; or
| 17 | | (D) advocate for the appointment of another person | 18 | | to an appointed public office or elected office or | 19 | | position or actively participate in any campaign for | 20 | | any elective office. As used in this paragraph (1), | 21 | | "appointed public office" means a position authorized | 22 | | by law that is filled by an appointing authority as | 23 | | provided by law and does not include employment by | 24 | | hiring in the ordinary course of business.
| 25 | | (2) No High Speed Rail Inspector General or employee of | 26 | | the Office of the High Speed Rail Inspector General may, |
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| 1 | | for one year after the termination of his or her | 2 | | appointment or employment:
| 3 | | (A) become a candidate for any elective office;
| 4 | | (B) hold any elected public office; or
| 5 | | (C) hold any appointed State, county, or local | 6 | | judicial office. The requirements of this subparagraph | 7 | | (C) may be waived by the Executive Ethics Commission.
| 8 | | (j) All Board members, officers, and employees of the | 9 | | Authority have a duty to cooperate with the High Speed Rail | 10 | | Inspector General and employees of the Office of the High Speed | 11 | | Rail Inspector General in any investigation undertaken under | 12 | | this Section. Failure to cooperate includes, but is not limited | 13 | | to, intentional omissions and knowing false statements. | 14 | | Failure to cooperate with an investigation under this Section | 15 | | is grounds for disciplinary action, including termination of | 16 | | employment. Nothing in this Section limits or alters a person's | 17 | | existing rights or protections under State or federal law.
| 18 | | (k) The identity of any individual providing information or | 19 | | reporting any possible or alleged misconduct to the High Speed | 20 | | Rail Inspector General shall be kept confidential and may not | 21 | | be disclosed without the consent of that individual, unless the | 22 | | individual consents to disclosure of his or her name or | 23 | | disclosure of the individual's identity is otherwise required | 24 | | by law. The confidentiality granted by this subsection (k) does | 25 | | not preclude the disclosure of the identity of a person in any | 26 | | capacity other than as the source of an allegation.
Subject to |
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| 1 | | the provisions of subsection (e) of this Section, the High | 2 | | Speed Rail Inspector General, and employees and agents of the | 3 | | Office of the High Speed Rail Inspector General, shall keep | 4 | | confidential and shall not disclose information exempted from | 5 | | disclosure under the Freedom of Information Act or by this Act. | 6 | | (l) If the High Speed Rail Inspector General determines | 7 | | that any alleged misconduct involves any person not subject to | 8 | | the jurisdiction of the High Speed Rail Inspector General, the | 9 | | High Speed Rail Inspector General shall refer the reported | 10 | | allegations to the appropriate Inspector General, appropriate | 11 | | ethics commission, or other appropriate body. If the High Speed | 12 | | Rail Inspector General determines that any alleged misconduct | 13 | | may give rise to criminal penalties, the High Speed Rail | 14 | | Inspector General may refer the allegations regarding that | 15 | | misconduct to the appropriate law enforcement agency. If a High | 16 | | Speed Rail Inspector General determines that any alleged | 17 | | misconduct resulted in the loss of public funds in an amount of | 18 | | $5,000 or greater, the High Speed Rail Inspector General shall | 19 | | refer the allegations regarding that misconduct to the Attorney | 20 | | General and any other appropriate law enforcement agency.
| 21 | | (m) The High Speed Rail Inspector General shall provide to | 22 | | the Governor, the Board of the Authority, and the General | 23 | | Assembly a summary of reports and investigations made under | 24 | | this Section no later than March 31 and September 30 of each | 25 | | year. The summaries shall detail the final disposition of the | 26 | | Inspector General's recommendations. The summaries shall not |
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| 1 | | contain any confidential or identifying information concerning | 2 | | the subjects of the reports and investigations. The summaries | 3 | | shall also include detailed, recommended administrative | 4 | | actions and matters for consideration by the Governor, the | 5 | | Board of the Authority, and the General Assembly.
| 6 | | (n) Any employee of the Authority subject to investigation | 7 | | or inquiry by the High Speed Rail Inspector General or any | 8 | | agent or representative of the High Speed Rail Inspector | 9 | | General concerning misconduct that is criminal in nature shall | 10 | | have the right to be notified of the right to remain silent | 11 | | during the investigation or inquiry and the right to be | 12 | | represented in the investigation or inquiry by an attorney or a | 13 | | representative of a labor organization that is the exclusive | 14 | | collective bargaining representative of employees of the | 15 | | Authority. Any investigation or inquiry by the High Speed Rail | 16 | | Inspector General or any agent or representative of the High | 17 | | Speed Rail Inspector General must be conducted in accordance | 18 | | with the rights of the employees under State and federal law | 19 | | and applicable judicial decisions. Any recommendations for | 20 | | discipline or any action taken against any employee by the High | 21 | | Speed Rail Inspector General or any representative or agent of | 22 | | the High Speed Rail Inspector General must comply with the | 23 | | provisions of the collective bargaining agreement that applies | 24 | | to the employee.
| 25 | | (o) Nothing in this Section shall diminish the rights, | 26 | | privileges, or remedies of a State employee under any other |
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| 1 | | federal or State law, rule, or regulation or under any | 2 | | collective bargaining agreement.
| 3 | | Section 55. Authority powers. The Authority shall have the | 4 | | power: | 5 | | (a) To prepare, or cause to be prepared detailed plans, | 6 | | specifications, and estimates, from time to time, for the | 7 | | construction, relocation, repair, maintenance, and operation | 8 | | of high speed railway lines within and through the State of | 9 | | Illinois. | 10 | | (b) To acquire, hold, and use real and personal property, | 11 | | including rights, rights-of-way, franchises, easements, and | 12 | | other interests in land as it may desire, or as may be | 13 | | necessary or convenient for its authorized purposes by | 14 | | purchase, gift, grant, or otherwise, and to take title thereto; | 15 | | to acquire in the manner that may now or hereafter be provided | 16 | | for by the law of eminent domain of this State, any real or | 17 | | personal property (including road building materials and | 18 | | public lands, parks, playgrounds, reservations, highways or | 19 | | parkways, or parts thereof, or rights therein, of any person, | 20 | | railroad, public service, public utility, or municipality or | 21 | | political subdivision) necessary or convenient for its | 22 | | authorized purpose. Such acquisition of real property, whether | 23 | | by purchase, gift, condemnation, or otherwise, wherever | 24 | | necessary or convenient in the discretion of the Authority, may | 25 | | include the extension of existing rights and easements of |
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| 1 | | access, use, and crossing held by any person or persons, | 2 | | interests in land abutting on existing highways, and remnants | 3 | | or remainder property; and such acquisitions of real property | 4 | | may be free and clear of, and without any rights or easements | 5 | | of access, use and crossing in favor of any person or persons | 6 | | including interest in any land adjacent or contiguous to the | 7 | | land so acquired; provided that nothing shall be construed to | 8 | | authorize the taking or damaging of any private property for | 9 | | such purposes by the Authority, without just compensation. | 10 | | (c) To accept conveyance of fee simple title to, or any | 11 | | lesser interest in, land, rights, or property conveyed by the | 12 | | Department of Transportation under Section 4-508.1 of the | 13 | | Illinois Highway Code. | 14 | | (d) To establish presently the approximate locations and | 15 | | widths of rights of way for new high speed railway lines and | 16 | | future additions to the high speed rail system to inform the | 17 | | public and prevent costly and conflicting development of the | 18 | | land involved. | 19 | | The Authority shall hold a public hearing whenever | 20 | | approximate locations and widths of rights of way for future | 21 | | high speed railway additions are to be established. The hearing | 22 | | shall be held in or near the county or counties in which the | 23 | | land to be used is located and notice of the hearing shall be | 24 | | published in a newspaper or newspapers of general circulation | 25 | | in the county or counties involved. Any interested person or | 26 | | his or her representative may be heard. The Authority shall |
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| 1 | | evaluate the testimony given at the hearing. | 2 | | The Authority shall make a survey and prepare a map showing | 3 | | the location and approximate widths of the rights of way needed | 4 | | for new high speed railway lines and future additions to the | 5 | | high speed railway system. The map shall show existing highways | 6 | | in the area involved and the property lines and owners of | 7 | | record of all land that will be needed for the new high speed | 8 | | railway lines, future additions, and all other pertinent | 9 | | information. Approval of the map with any changes resulting | 10 | | from the hearing shall be indicated in the record of the | 11 | | hearing and a notice of the approval and a copy of the map | 12 | | shall be filed in the office of the recorder for all counties | 13 | | in which the land needed for future additions is located. | 14 | | Public notice of the approval and filing shall be given in | 15 | | newspapers of general circulation in all counties in which the | 16 | | land is located and shall be served by registered mail within | 17 | | 60 days after the approval to all owners of record of the land | 18 | | needed for future additions. | 19 | | The Authority may approve changes in the map from time to | 20 | | time. The changes shall be filed and notice given in the manner | 21 | | provided for an original map. | 22 | | After the map is filed and notice is given to the owners of | 23 | | record of the land needed for new high speed railway lines and | 24 | | future additions, no person shall incur development costs or | 25 | | place improvements in, upon, or under the land involved nor | 26 | | rebuild, alter, or add to any existing structure without first |
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| 1 | | giving 60 days' notice by registered mail to the Authority. | 2 | | This prohibition shall not apply to any normal or emergency | 3 | | repairs to existing structures. The Authority shall have 45 | 4 | | days after receipt of that notice to inform the owner of the | 5 | | Authority's intention to acquire the land involved, after which | 6 | | it shall have an additional 120 days to acquire the land by | 7 | | purchase or to initiate action to acquire the land through the | 8 | | exercise of the right of eminent domain. When the right of way | 9 | | is acquired by the Authority, no damages shall be allowed for | 10 | | any construction, alteration, or addition in violation of this | 11 | | subsection (d) unless the Authority has failed to acquire the | 12 | | land by purchase or has abandoned an eminent domain proceeding | 13 | | initiated in accordance with this subsection (d). | 14 | | Any right of way needed for either new lines or additions | 15 | | to the HSR system may be acquired at any time by the Authority. | 16 | | The time of determination of the value of the property to be | 17 | | taken under this Section for new high speed railway lines or | 18 | | additions to the HSR system shall be the date of the actual | 19 | | taking, if the property is acquired by purchase, or the date of | 20 | | the filing of a complaint for condemnation, if the property is | 21 | | acquired through the exercise of the right of eminent domain, | 22 | | rather than the date when the map of the proposed right of way | 23 | | was filed of record. | 24 | | (e) Not more than 10 years after a protected corridor is | 25 | | established under subsection (d) of this Section, and not later | 26 | | than the expiration of each 10-year period thereafter, the |
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| 1 | | Authority shall hold a public hearing to discuss the viability | 2 | | and feasibility of the protected corridor. Following the | 3 | | hearing and giving due consideration to the information | 4 | | obtained at the hearing, the Board of Directors of the | 5 | | Authority shall vote to either continue or abolish the | 6 | | protected corridor. | 7 | | (f) If the building line of a building used primarily for | 8 | | the purpose of educating elementary or secondary students lies | 9 | | within 100 feet of any high speed railway line operated by the | 10 | | High Speed Rail Authority, the High Speed Rail Authority shall | 11 | | acquire the building, together with any property owned, leased, | 12 | | or utilized adjacent to it and pertaining to its educational | 13 | | operations, from the school district that owns or operates it, | 14 | | for just compensation. For purposes of this subsection (f), | 15 | | "just compensation" means the replacement cost of the building | 16 | | and adjacent property so that the students educated in the | 17 | | building have the opportunity to be educated according to | 18 | | standards prevailing in the State of Illinois. | 19 | | Section 60. Acquisition by purchase or by condemnation. The | 20 | | Authority is authorized to acquire by purchase or by | 21 | | condemnation, in the manner provided for the exercise of the | 22 | | power of eminent domain under the Eminent Domain Act, any and | 23 | | all lands, buildings, and grounds necessary or convenient for | 24 | | its authorized purpose. The Authority shall comply with the | 25 | | Uniform Relocation Assistance and Real Property Acquisition |
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| 1 | | Policies Act of 1970, and the implementing regulations in 49 | 2 | | CFR Part 24 and is authorized to operate a relocation program | 3 | | and to pay relocation costs. If there is a conflict between the | 4 | | provisions of this Act and the provisions of the federal law or | 5 | | regulations, the provisions of this Act shall control, with the | 6 | | exception that the Authority shall use whichever law or | 7 | | regulation provides the highest payment limit. The Authority is | 8 | | authorized to exceed the maximum payment limits of the Uniform | 9 | | Relocation Assistance and Real Property Acquisition Policies | 10 | | Act of 1970 when necessary to ensure the provision of decent, | 11 | | safe, or sanitary housing, or to secure a suitable relocation | 12 | | site. The Authority may not adopt rules to implement the | 13 | | federal law or regulations referenced in this Section unless | 14 | | those rules have received the prior approval of the Joint | 15 | | Committee on Administrative Rules. | 16 | | Section 65. Eminent domain. Notwithstanding any other | 17 | | provision of this Act, any power granted under this Act to | 18 | | acquire property by condemnation or eminent domain is subject | 19 | | to, and shall be exercised in accordance with, the Eminent | 20 | | Domain Act. | 21 | | Section 70. Acquisition of property. | 22 | | (a) Prior to the initiation of negotiations, the Authority | 23 | | shall establish an amount that it believes is just compensation | 24 | | for the property. The amount shall not be less than the |
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| 1 | | appraisal of the fair market value of the property. Promptly | 2 | | thereafter, the Authority shall make a written offer to the | 3 | | owner to acquire the property for the full amount believed to | 4 | | be just compensation. Along with the initial written purchase | 5 | | offer, the owner shall be given a written statement of the | 6 | | basis for the offer. For owner-occupied dwellings, upon the | 7 | | owner's request, the Authority shall exchange its approved | 8 | | appraisal with the owner's appraisal obtained from a State | 9 | | certified general real estate appraiser.
| 10 | | (b) The Authority shall make every reasonable effort to | 11 | | contact the owner or the owner's representative and discuss its | 12 | | offer to purchase the property. The owner shall be given every | 13 | | reasonable opportunity to consider the offer and present | 14 | | material that the owner believes is relevant to determining the | 15 | | value of the property, including an appraisal obtained by the | 16 | | owner from a State certified general real estate appraiser, and | 17 | | to suggest modifications in the proposed terms and conditions | 18 | | of the purchase. The Authority shall pay for the cost of the | 19 | | owner's appraisal for an owner-occupied dwelling.
| 20 | | (c) To the extent permitted by applicable law, the | 21 | | appraiser shall disregard any decrease or increase in the fair | 22 | | market value of the real property caused by the project for | 23 | | which the property is to be acquired, or caused by the | 24 | | likelihood that the property would be acquired for the project, | 25 | | other than that due to the physical deterioration of the | 26 | | property that was within the reasonable control of the owner. |
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| 1 | | If comparable sales of similar properties are factored into the | 2 | | amount of just compensation offered by the Authority, those | 3 | | comparable sales must have been with respect to property | 4 | | located outside the protected corridor.
| 5 | | (d) When the Authority acquires an owner-occupied dwelling | 6 | | the Authority shall reimburse the property owner up to $500 for | 7 | | reasonable attorney's fees actually incurred by the property | 8 | | owner related to closing costs in conjunction with the property | 9 | | owner's purchase of a replacement dwelling.
| 10 | | Section 75. Land disclosure requirements. | 11 | | (a) Disclosure required. The Authority may not enter into | 12 | | any agreement or understanding for the use or acquisition of | 13 | | land that is intended to be used or acquired for high speed | 14 | | railway purposes unless full disclosure of all beneficial | 15 | | interests in the land is made under this Section.
| 16 | | (b) Condemnation proceedings. If the Authority commences | 17 | | condemnation proceedings to acquire land that is intended to be | 18 | | used or acquired for high speed railway purposes, the holders | 19 | | of all beneficial interests in the land must make full | 20 | | disclosure under this Section, unless the court determines that | 21 | | the disclosure would cause irreparable harm to one or more | 22 | | holders of a beneficial interest.
| 23 | | (c) Beneficial interests. Each holder of any beneficial | 24 | | interest in the land, including without limitation beneficial | 25 | | interests in a land trust, must be disclosed, including both |
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| 1 | | individuals and other entities. If any beneficial interest is | 2 | | held by an entity, other than an entity whose shares are | 3 | | publicly traded, and not by an individual, then all the holders | 4 | | of any beneficial interest in that entity must be disclosed. | 5 | | This requirement continues at each level of holders of | 6 | | beneficial interests until all beneficial interests of all | 7 | | individuals in all entities, other than entities whose shares | 8 | | are publicly traded, have been disclosed.
| 9 | | (d) Written statement. Disclosure must be made by a written | 10 | | statement filed (i) with the Authority contemporaneously with | 11 | | the execution of the agreement or understanding; or (ii) in the | 12 | | case of a condemnation proceeding, with the Authority and the | 13 | | court within a time period ordered by the court. Each | 14 | | individual and entity must be disclosed by name and address and | 15 | | by a description of the interest held, including the percentage | 16 | | interest in the land held by the individual or entity. The | 17 | | statement must be verified, subject to penalty of perjury, by | 18 | | the individual who holds the greatest percentage of beneficial | 19 | | interest in the land.
| 20 | | (e) Recordation. The Authority must file the statement of | 21 | | record with the recorder of each county in which any part of | 22 | | the land is located within 3 business days after the statement | 23 | | is filed with the Authority.
| 24 | | (f) Agreements and understandings void. Any agreement or | 25 | | understanding in violation of this Act is void.
| 26 | | (g) Penalty. A person who knowingly violates this Section |
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| 1 | | is guilty of a business offense and shall be fined $10,000.
| 2 | | (h) Other disclosure requirements. The disclosure required | 3 | | under this Act is in addition to, and not in lieu of, any other | 4 | | disclosure required by law.
| 5 | | Section 80. Owner retention of certain items. The owner of | 6 | | property to be acquired by the Authority shall have the right | 7 | | to retain ownership of a dwelling's cabinets, moldings, and | 8 | | fixtures. If the Authority acquires the dwelling, the property | 9 | | owner may remove cabinets, moldings, and fixtures if stipulated | 10 | | in the agreement to purchase the property. | 11 | | Section 85. Condemnation proceeding expenses. The owner of | 12 | | property to be acquired by the Authority shall be reimbursed | 13 | | for any reasonable expenses, including reasonable attorney, | 14 | | appraisal, and engineering fees, that the owner actually | 15 | | incurred because of a condemnation proceeding if: | 16 | | (1) the final judgment of the court is that the | 17 | | Authority cannot acquire the property by condemnation; or | 18 | | (2) the condemnation proceeding is abandoned by the | 19 | | Authority other than under an agreed-upon settlement. | 20 | | Section 90. Comparable replacement dwelling; additional or | 21 | | supplemental housing payment. Whenever the cost of a comparable | 22 | | replacement dwelling is greater than what the Authority paid | 23 | | the property owner, the Authority shall provide additional or |
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| 1 | | supplemental housing payments. No person shall be required to | 2 | | move from a dwelling unless comparable replacement housing is | 3 | | available to the person. The total of additional or | 4 | | supplemental housing payments to a property owner under this | 5 | | Section shall not exceed $25,000. | 6 | | Section 95. Moving expenses and direct losses of personal | 7 | | property caused by displacement. The Authority is authorized to | 8 | | pay, as part of the cost of construction of any project on a | 9 | | high speed railway, to any person displaced by the highway | 10 | | project (1) actual reasonable expenses in moving himself or | 11 | | herself, his or her family, and his or her business, farm | 12 | | operation, or other personal property; (2) actual direct losses | 13 | | of tangible personal property as a result of moving or | 14 | | discontinuing a business or farm operation, but not to exceed | 15 | | an amount equal to the reasonable expenses that would have been | 16 | | required to relocate the property, as determined by the | 17 | | Authority; (3) actual reasonable expenses in searching for a | 18 | | replacement business or farm; and (4) actual reasonable | 19 | | expenses necessary to reestablish a displaced farm, nonprofit | 20 | | organization, or small business at its new site, but not to | 21 | | exceed $10,000. | 22 | | Section 100. Expense and dislocation allowance. In lieu of | 23 | | the payments authorized to be paid under this Act, the | 24 | | Authority may pay any person displaced from a dwelling, who |
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| 1 | | elects to accept the payment, an expense and dislocation | 2 | | allowance which shall be determined according to a schedule | 3 | | established by the Authority. | 4 | | Section 105. Relocation payments. In lieu of the payments | 5 | | authorized to be paid under this Act, the Authority may pay any | 6 | | person who moves or discontinues his or her business or farm | 7 | | operation, who elects to accept the payment, a fixed relocation | 8 | | payment in an amount equal to the average annual net earnings | 9 | | of the business or the farm operation, except that the payment | 10 | | shall be not less than $1,000 nor more than $20,000. | 11 | | Section 110. Additional payments for dwelling and rental of | 12 | | dwelling. | 13 | | (a) In addition to the amounts authorized to be paid under | 14 | | this Act by the Authority, the Authority may, as a part of the | 15 | | cost of construction, make a payment not to exceed $25,000 to | 16 | | any displaced person who is displaced from a dwelling acquired | 17 | | for a high speed railway project actually owned and occupied by | 18 | | the displaced person for not less than 180 days before the | 19 | | initiation of negotiations for the acquisition of the property. | 20 | | The payment shall include the following elements: | 21 | | (1) the amount, if any, which, when added to the | 22 | | acquisition cost of the dwelling acquired equals the | 23 | | reasonable cost of a comparable replacement dwelling | 24 | | determined in accordance with standards established by the |
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| 1 | | Authority to be a decent, safe, and sanitary dwelling | 2 | | adequate to accommodate the displaced person, reasonably | 3 | | accessible to public services and places of employment, and | 4 | | available on the private market;
| 5 | | (2) the amount, if any, which will compensate the | 6 | | displaced person for any increased interest costs which the | 7 | | person is required to pay for financing the acquisition of | 8 | | any such comparable replacement dwelling. The amount shall | 9 | | be paid only if the dwelling acquired by the Authority was | 10 | | encumbered by a bona fide mortgage which was a valid lien | 11 | | on the dwelling for not less than 180 days before the | 12 | | initiation of negotiations for the acquisition of the | 13 | | dwelling; and
| 14 | | (3) reasonable expenses incurred by the displaced | 15 | | person for evidence of title, recording fees, and other | 16 | | closing costs incident to the purchase of the replacement | 17 | | dwelling, but not including prepaid expenses.
| 18 | | (b) The additional payment authorized under subsection (a) | 19 | | of this Section shall not exceed $25,000 and shall be made only | 20 | | to a displaced person who purchases and occupies a replacement | 21 | | dwelling that meets the standards established by the Authority | 22 | | to be decent, safe, and sanitary, not later than the end of the | 23 | | one year period beginning on the date on which he or she | 24 | | receives from the Authority final payment of all costs of the | 25 | | acquired dwelling, or on the date on which he or she moves from | 26 | | the dwelling acquired for the highway project, whichever is the |
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| 1 | | later date.
| 2 | | (c) Any displaced person who is not eligible to receive | 3 | | payment under subsection (a) of this Section and who is | 4 | | displaced from any dwelling which was actually and lawfully | 5 | | occupied by the displaced person for not less than 90 days | 6 | | before the initiation of negotiations for acquisition of the | 7 | | dwelling, may be paid by the Authority either (1) an amount | 8 | | necessary to enable the displaced person to lease or rent, for | 9 | | a period not to exceed 42 months, a decent, safe, and sanitary | 10 | | dwelling of standards adequate to accommodate the person in | 11 | | areas not generally less desirable in regard to public | 12 | | utilities and public and commercial facilities and reasonably | 13 | | accessible to his or her place of employment, but not to exceed | 14 | | the sum of $5,250; or (2) the amount necessary to enable the | 15 | | person to make a down payment, including incidental expenses | 16 | | under item (1) of this subsection (c), on the purchase of a | 17 | | decent, safe, and sanitary dwelling of standards adequate to | 18 | | accommodate the person in areas not generally less desirable in | 19 | | regard to public utilities and public and commercial | 20 | | facilities, but not to exceed the amount payable under item (1) | 21 | | of this subsection (c), except that in the case of a homeowner | 22 | | who owned and occupied the displaced dwelling for at least 90 | 23 | | days but not more than 180 days immediately before the | 24 | | initiating of negotiations, the down payment shall not exceed | 25 | | the amount payable under this Act for persons who owned and | 26 | | occupied the property for 180 days before the initiation of |
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| 1 | | negotiations.
| 2 | | (d) If comparable replacement sale or rental housing is not | 3 | | available within the limitations of this Section, the Authority | 4 | | may make a payment in excess of the maximum payments authorized | 5 | | by this Section as required to provide replacement housing.
| 6 | | Section 115. Reimbursement for certain expenses and | 7 | | mortgage penalty. In addition to the other amounts authorized | 8 | | to be paid under this Act, the Authority may reimburse the | 9 | | owner of real property acquired for a high speed railway | 10 | | project the reasonable and necessary expenses incurred for (1) | 11 | | recording fees, transfer taxes, and similar expenses | 12 | | incidental to conveying the real property; and (2) penalty | 13 | | costs for prepayment of any pre-existing recorded mortgages | 14 | | entered into in good faith encumbering the real property. | 15 | | Section 120. Construction in relation to eminent domain. | 16 | | Nothing contained in this Act creates in any proceedings | 17 | | brought under the power of eminent domain any element of | 18 | | damages not in existence on the effective date of this Act. | 19 | | Section 125. The Authority shall have power: | 20 | | (a) To pass resolutions, make by-laws, rules, and | 21 | | regulations for the management, regulation, and control of its | 22 | | affairs, and to fix fares, and to make, enact, and enforce all | 23 | | needful rules and regulations in connection with the |
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| 1 | | construction, operation, management, care, regulation, or | 2 | | protection of its property or any high speed railway lines, | 3 | | constructed or reconstructed hereunder. | 4 | | (b) To fix, assess, and collect civil fines for any | 5 | | passenger utilizing a train on a high speed railway without the | 6 | | required fare having been paid. The Authority may establish by | 7 | | rule a system of civil administrative adjudication to | 8 | | adjudicate only alleged instances of a passenger utilizing a | 9 | | train on a high speed railway without the required fare having | 10 | | been paid, as detected by the Authority's on-board personnel.
| 11 | | (c) To prescribe rules and regulations applicable to | 12 | | traffic on railways under the jurisdiction of the Authority, | 13 | | concerning:
| 14 | | (1) types of rolling stock permitted to use such | 15 | | railways or parts thereof, and classification of such | 16 | | rolling stock;
| 17 | | (2) communication and signaling protocols for train | 18 | | movement, in accordance with the rules and regulations | 19 | | currently enacted at the federal level; and
| 20 | | (3) control of the access, entrance, and exit of | 21 | | vehicles and persons to and from the train stations along | 22 | | the HSR lines;
| 23 | | (d) The Authority, in fixing the rate for fares for the | 24 | | privilege of using high speed railways, is authorized and | 25 | | directed, in fixing the rates, to base the same upon annual | 26 | | estimates to be made, recorded, and filed with the Authority. |
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| 1 | | The estimates shall include the following: (1) the estimated | 2 | | total amount of the use of the high speed railways; and (2) the | 3 | | estimated amount of the revenue to be derived therefrom, which, | 4 | | when added to all other receipts and income, will be sufficient | 5 | | to pay the expense of maintaining and operating high speed | 6 | | railways, including the administrative expenses of the | 7 | | Authority, and to discharge all obligations of the Authority as | 8 | | they become due and payable.
| 9 | | (e) To accept from any municipality or political | 10 | | subdivision any lands, easements, or rights in land needed for | 11 | | the operation, construction, relocation, or maintenance of any | 12 | | high speed railways, with or without payment, and in its | 13 | | discretion, to reimburse any municipality or political | 14 | | subdivision out of its funds for any cost or expense incurred | 15 | | in the acquisition of land, easements, or rights in land, in | 16 | | connection with the construction and relocation of high speed | 17 | | railways, widening and extending roads, streets, or avenues in | 18 | | connection therewith, or for the construction of any roads or | 19 | | streets forming extension to and connections with or between | 20 | | any high speed railways, or for the cost or expense of | 21 | | widening, grading, surfacing, or improving any existing | 22 | | streets or roads or the construction of any streets and roads | 23 | | forming extensions of or connections with any high speed | 24 | | railways constructed, relocated, operated, maintained, or | 25 | | regulated by the Authority. Where property owned by a | 26 | | municipality or political subdivision is necessary to the |
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| 1 | | construction of an approved high speed railway, if the | 2 | | Authority cannot reach an agreement with such municipality or | 3 | | political subdivision and if the use to which the property is | 4 | | being put in the hands of the municipality or political | 5 | | subdivision is not essential to the existence or the | 6 | | administration of such municipality or political subdivision, | 7 | | the Authority may acquire the property by condemnation.
| 8 | | Section 130. The Authority shall have power: | 9 | | (a) To enter upon lands, waters, and premises in this State | 10 | | for the purpose of making surveys, soundings, drillings, and | 11 | | examinations as may be necessary, expedient, or convenient for | 12 | | the purposes of this Act, and such entry shall not be deemed to | 13 | | be a trespass, nor shall an entry for such purpose be deemed an | 14 | | entry under any condemnation proceedings which may be then | 15 | | pending; provided that the Authority shall make reimbursement | 16 | | for any actual damage resulting to such lands, waters and | 17 | | premises as the result of such activities.
| 18 | | (b) To construct, maintain, and operate train stations for | 19 | | the collection of fares or charges upon and along any high | 20 | | speed rail lines.
| 21 | | (c) To provide for the collection of fares and charges for | 22 | | the privilege of using the high speed rail lines. Before it | 23 | | adopts an increase in the rates for fare, the Authority shall | 24 | | hold a public hearing at which any person may appear, express | 25 | | opinions, suggestions, or objections, or direct inquiries |
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| 1 | | relating to the proposed increase. Any person may submit a | 2 | | written statement to the Authority at the hearing, whether | 3 | | appearing in person or not. The hearing shall be held in the | 4 | | county in which the proposed increase of the rates is to take | 5 | | place. The Authority shall give notice of the hearing by | 6 | | advertisement on 3 successive days at least 15 days prior to | 7 | | the date of the hearing in a daily newspaper of general | 8 | | circulation within the county within which the hearing is held. | 9 | | The notice shall state the date, time, and place of the | 10 | | hearing, shall contain a description of the proposed increase, | 11 | | and shall specify how interested persons may obtain copies of | 12 | | any reports, resolutions, or certificates describing the basis | 13 | | on which the proposed change, alteration, or modification was | 14 | | calculated. After consideration of any statements filed or oral | 15 | | opinions, suggestions, objections, or inquiries made at the | 16 | | hearing, the Authority may proceed to adopt the proposed | 17 | | increase of the rates for train fare. No change or alteration | 18 | | in or modification of the rates for train fare shall be | 19 | | effective unless at least 30 days prior to the effective date | 20 | | of the rates, notice shall be given to the public by | 21 | | publication in a newspaper of general circulation, and the | 22 | | notice or notices shall be posted and publicly displayed at | 23 | | each and every train station upon or along the high speed | 24 | | railway lines.
| 25 | | (d) To construct, at the Authority's discretion, grade | 26 | | separations at intersections with any railroads, waterways, |
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| 1 | | street railways, streets, thoroughfares, public roads, or | 2 | | highways intersected by the high speed railway lines, and to | 3 | | change and adjust the lines and grades so as to accommodate the | 4 | | same to the design of such grade separation and to construct | 5 | | interchange improvements. The Authority is authorized to | 6 | | provide such grade separations or interchange improvements at | 7 | | its own cost or to enter into contracts or agreements with | 8 | | reference to division of cost therefor with any municipality or | 9 | | political subdivision of the State of Illinois, or with the | 10 | | Federal Government, or any agency thereof, or with any | 11 | | corporation, individual, firm, person, or association. Where | 12 | | such structures have been built by the Authority and a local | 13 | | highway agency did not enter into an agreement to the contrary, | 14 | | the Authority shall maintain the entire structure, including | 15 | | the road surface, at the Authority's expense.
| 16 | | (e) To contract with and grant concessions to or lease or | 17 | | license to any person, partnership, firm, association, or | 18 | | corporation so desiring the use of any part of any high speed | 19 | | railway lines, excluding the tracked portions, but including | 20 | | the right of way adjoining under or over the paved portions for | 21 | | the placing of telephone, telegraph, electric, power lines and | 22 | | other utilities, and for the placing of pipe lines, and to | 23 | | enter into operating agreements with or to contract with and | 24 | | grant concessions to or to lease to any person, partnership, | 25 | | firm, association or, corporation so desiring the use of any | 26 | | part of the high speed railways, excluding the paved portions, |
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| 1 | | but including the right of way adjoining, or over the paved | 2 | | portions for motor fuel service stations and facilities, | 3 | | garages, stores, and restaurants, or for any other lawful | 4 | | purpose, and to fix the terms, conditions, rents, rates, and | 5 | | charges for that use.
| 6 | | The Authority shall also have power to establish reasonable | 7 | | regulations for the installation, construction, maintenance, | 8 | | repair, renewal, relocation, and removal of pipes, mains, | 9 | | conduits, cables, wires, towers, poles, and other equipment and | 10 | | appliances (herein called public utilities) of any public | 11 | | utility as defined in the Public Utilities Act along, over, or | 12 | | under any high speed railway project. Whenever the Authority | 13 | | shall determine that it is necessary that any such public | 14 | | utility facilities which now are located in, on, along, over, | 15 | | or under any project or projects be relocated or removed | 16 | | entirely from any such project or projects, the public utility | 17 | | owning or operating such facilities shall relocate or remove | 18 | | the same in accordance with the order of the Authority. All | 19 | | costs and expenses of such relocation or removal, including the | 20 | | cost of installing such facilities in a new location or | 21 | | locations, and the cost of any land or lands, or interest in | 22 | | land, or any other rights required to accomplish such | 23 | | relocation or removal shall be ascertained and paid by the | 24 | | Authority as a part of the cost of any such project or | 25 | | projects, and further, there shall be no rent, fee, or other | 26 | | charge of any kind imposed upon the public utility owning or |
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| 1 | | operating any facilities ordered relocated on the properties of | 2 | | the Authority and the Authority shall grant to the public | 3 | | utility owning or operating the facilities and its successors | 4 | | and assigns the right to operate the same in the new location | 5 | | or locations for as long a period and upon the same terms and | 6 | | conditions as it had the right to maintain and operate such | 7 | | facilities in their former location or locations.
| 8 | | (f) To enter into an intergovernmental agreement or | 9 | | contract with a unit of local government or other public or | 10 | | private entity for the collection, enforcement, and | 11 | | administration of fares, fees, revenue, and violations.
| 12 | | Section 135. Public-private partnerships. The Authority | 13 | | may exercise all powers granted to it under the Public-Private | 14 | | Partnerships for Transportation Act. | 15 | | Section 140. Signs. The Authority shall erect and maintain | 16 | | at connecting roads to each wayside maintenance facility and to | 17 | | each passenger station located along any high speed railway | 18 | | line suitable signs showing the name of the train station or | 19 | | the wayside facility in either direction along each such | 20 | | connecting road. The size and designations on such signs and | 21 | | the distance from intersections where they shall be erected | 22 | | shall conform to the Illinois Manual on Uniform Traffic Control | 23 | | Devices for Streets and Highways. |
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| 1 | | Section 145. Grants. The Authority is authorized, without | 2 | | limitation to the foregoing powers, to accept grants from and | 3 | | enter into contracts, leases, or other transactions with the | 4 | | Federal Government, or any agency thereof, necessary or | 5 | | expedient to carry out the provisions of this Act. | 6 | | Section 150. Proposal; advisory committee. | 7 | | (a) The Authority shall, prior to the commencement of any | 8 | | engineering and traffic study or studies to determine the | 9 | | feasibility of constructing additional high speed railway | 10 | | lines within the State of Illinois, submit to the Governor for | 11 | | his or her approval, the route, or routes, proposed for new and | 12 | | additional high speed railway lines together with an estimate | 13 | | of the cost of the proposed study or studies. If the Governor | 14 | | approves the proposed study or studies and the estimated cost, | 15 | | or fails to disapprove the proposed study or studies and the | 16 | | estimate of cost, within 30 days after its receipt, the | 17 | | Authority may proceed with the study or studies.
| 18 | | (b) The Authority shall create a local advisory committee | 19 | | of members from each county in which any portion of a new or | 20 | | additional high speed railway is proposed to be constructed. | 21 | | The committee members shall be designated by township and | 22 | | municipal governing bodies in proportion to the percentage of | 23 | | corridor property situated within the unincorporated area of a | 24 | | township and incorporated municipalities located in the same | 25 | | township. No less than 50% of the members of this committee |
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| 1 | | shall be representatives of organized citizen groups directly | 2 | | affected by the proposed corridor. All meetings shall be held | 3 | | in compliance with the Open Meetings Act. The committee shall | 4 | | consider and advise the Authority with respect to the impact on | 5 | | property owners, land use, and other impacts of the proposed | 6 | | high speed railway. The committee shall be dissolved when one | 7 | | year has elapsed since the opening of the high speed railway | 8 | | for which the committee was created. | 9 | | Section 155. Preliminary plans. The Authority shall, prior | 10 | | to the issuance of any bonds under this Act, except refunding | 11 | | bonds, prepare and submit to the Governor for his approval | 12 | | preliminary plans showing the proposed location of the route or | 13 | | routes of the particular high speed railway for which the bonds | 14 | | are to be issued, which shall designate the approximate point | 15 | | of the commencement and the termination of the route or routes | 16 | | and shall also designate the municipalities to be afforded | 17 | | reasonable connections, and to be served by the route or | 18 | | routes. The Authority shall at the same time submit to the | 19 | | Governor for his or her approval preliminary estimates of the | 20 | | cost of the construction of the high speed railway, shown on | 21 | | the preliminary plans. If the Governor shall approve the | 22 | | preliminary plans and the estimate of the cost, the Authority | 23 | | may proceed with the issuance of the bonds. Prior to the | 24 | | issuance of bonds for or the commencement of construction of | 25 | | any new high speed railway, however, that particular high speed |
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| 1 | | railway shall be authorized by joint resolution of the General | 2 | | Assembly.
| 3 | | Section 160. Public hearing. Prior to submission of | 4 | | preliminary plans to the Governor, the Authority shall hold a | 5 | | public hearing at which any person may appear, express | 6 | | opinions, suggestions, or objections, or direct inquiries | 7 | | relating to the proposed high speed railway to the Directors. | 8 | | Any person may submit a written statement to the Authority at | 9 | | the hearing, whether appearing in person or not. The hearing | 10 | | shall be held in a county through which the proposed high speed | 11 | | railway is to be constructed and shall be attended by at least | 12 | | 5 Directors. The Authority shall give notice of the hearing by | 13 | | advertisement on 3 successive days at least 15 days prior to | 14 | | the date of the hearing in a daily newspaper published in and | 15 | | of general circulation in each county through which the | 16 | | proposed high speed railway is to be constructed or, if there | 17 | | be no such newspaper, then in a daily newspaper of general | 18 | | circulation in the county. The notice shall state the date, | 19 | | time, and place of the hearing, the route of the proposed high | 20 | | speed railway, the municipalities to be afforded immediate | 21 | | access, and the estimated cost of the proposed high speed | 22 | | railway. The proceedings at the hearing shall be transcribed | 23 | | and the transcript shall be made available at reasonable hours | 24 | | for public inspection and a copy, together with a copy of all | 25 | | written statements submitted at the hearing, shall be submitted |
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| 1 | | to the Governor with the Authority's preliminary plans. | 2 | | Section 165. Contracts. | 3 | | (a) All contracts let for the construction of any work | 4 | | authorized to be done under the provisions of the Act, where | 5 | | the amount is in excess of a small purchase amount, as defined | 6 | | in Section 20-20 of the Illinois Procurement Code, shall be let | 7 | | to the lowest responsible bidder, or bidders, on open, | 8 | | competitive bidding after public advertisement made at least 15 | 9 | | days prior to the opening of bids, in the Illinois Procurement | 10 | | Bulletin, in such manner and at such intervals as may be | 11 | | prescribed by the Authority, except for contracts for the | 12 | | completion of a terminated or defaulted contract. The | 13 | | successful bidders for the work shall enter into contracts | 14 | | furnished and prescribed by the Authority. The contracts shall | 15 | | contain a provision that the successful bidder shall indemnify | 16 | | and save harmless the State of Illinois for any accidental | 17 | | injuries or damages arising out of negligence in the | 18 | | performance of the contract, and shall execute and give bonds, | 19 | | payable to the Authority, with a corporate surety authorized to | 20 | | do business under the laws of the State of Illinois, equal to | 21 | | at least 50% of the contract price, one conditioned upon | 22 | | faithful performance of the contract and the other for the | 23 | | payment of all labor furnished and materials supplied in the | 24 | | prosecution of the contracted work. | 25 | | (b) All contracts for services or supplies required from |
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| 1 | | time to time by the Authority in the maintenance and operation | 2 | | of any high speed railway under this Act or all direct | 3 | | contracts for supplies to be used in the construction of any | 4 | | high speed railway to be awarded under this Section, rather | 5 | | than as a part of a contract under this Section, when the | 6 | | amount of any such supplies or services is in excess of a small | 7 | | purchase amount, as defined in Section 20-20 of the Illinois | 8 | | Procurement Code, shall be let to the lowest responsible bidder | 9 | | or bidders, on open, competitive bidding after public | 10 | | advertisement made at least 5 days prior to the opening of | 11 | | bids, in the Illinois Procurement Bulletin, in the manner and | 12 | | on one or more occasions as may be prescribed by the Authority, | 13 | | except that bidding shall not be required: | 14 | | 1. if the goods or services to be procured are | 15 | | economically procurable from only one source, such as | 16 | | contracts for telephone service, electric energy and other | 17 | | public utility services, housekeeping services, books, | 18 | | pamphlets and periodicals, and specially designed business | 19 | | equipment and software;
| 20 | | 2. if the services required are for professional, | 21 | | technical, or artistic skills;
| 22 | | 3. if the services required are for advertising, | 23 | | promotional, and public relations services;
| 24 | | 4. in emergencies if an affidavit of the person or | 25 | | persons authorizing the expenditure is filed with the | 26 | | Authority and the Auditor General within 10 days after such |
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| 1 | | authorization setting forth the conditions and | 2 | | circumstances requiring the emergency purchase, the amount | 3 | | expended, and the name of the vendor or contractor | 4 | | involved; however, if only an estimate is available within | 5 | | the 10 days allowed for filing the affidavit, the actual | 6 | | cost shall be reported immediately after it is determined;
| 7 | | 5. in case of expenditures for personal services; | 8 | | 6. for contracts for equipment and spare parts for the | 9 | | maintenance and operation of any high speed railway, | 10 | | whenever the Authority shall, by resolution, declare and | 11 | | find that a particular make and type of equipment is | 12 | | required for efficient maintenance and operation and | 13 | | proper servicing, for uniformity in and integration with | 14 | | the spare parts program and inventory control, or for other | 15 | | reasons peculiar to the problems of the high speed railway | 16 | | or its previously acquired equipment; however, competition | 17 | | and competitive bids shall be obtained by the Authority | 18 | | with respect to such specified equipment or spare parts, | 19 | | insofar as possible, and when effective, pursuant to public | 20 | | advertisement as hereinbefore provided.
| 21 | | 7. for contracts for insurance, fidelity, and surety | 22 | | bonds; and
| 23 | | 8. for contracts or agreements for the completion of a | 24 | | terminated or defaulted contract or agreement.
| 25 | | (c) The solicitation for bids shall be in conformance with | 26 | | accepted business practices and the method of solicitation |
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| 1 | | shall be set out in detail in the rules and regulations of the | 2 | | Authority.
| 3 | | (d) Proposals received under public advertisement shall be | 4 | | publicly opened at the day and hour and at the place specified | 5 | | in the solicitation for such bids.
| 6 | | (e) Successful bidders for services and supplies shall | 7 | | enter into contracts furnished and prescribed by the Authority.
| 8 | | (f) All purchases, contracts, or other obligations or | 9 | | expenditures of funds by the Authority shall be in accordance | 10 | | with rules and regulations governing the Authority's | 11 | | procurement practice and procedures and the Authority shall | 12 | | promulgate and publish such practices and procedures in | 13 | | sufficient number for distribution to persons interested in | 14 | | bidding on purchases or contracts to be let by the Authority. | 15 | | The rules and regulations shall be kept on file with the | 16 | | Secretary of the Authority at all times and shall be available | 17 | | for inspection by members of the public at all reasonable times | 18 | | and hours.
The rules and regulations shall be filed and become | 19 | | effective in connection with the Illinois Administrative | 20 | | Procedure Act. | 21 | | (g) Any contract entered into for purchase or expenditure | 22 | | of funds of the Authority made in violation of this Act or the | 23 | | Authority's rules and regulations is void and of no effect.
| 24 | | (h) Warrant. All sellers to the Authority shall attach a | 25 | | statement to the delivery invoice attesting that the standards | 26 | | set forth in the contracts have been met. The statement shall |
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| 1 | | be substantially in the following form:
| 2 | | "The Seller,.... hereby certifies that the goods, | 3 | | merchandise and wares shipped in accordance with the attached | 4 | | delivery invoice have met all the required standards set forth | 5 | | in the purchasing contract.
....(Seller)."
| 6 | | (i) Whoever violates the provisions of this Section, or the | 7 | | rules and regulations adopted in pursuance of it, is guilty of | 8 | | a Class A misdemeanor.
| 9 | | Section 170. Financial benefit prohibited. | 10 | | (a) A director, employee, or agent of the Authority may not | 11 | | receive a financial benefit from a contract let by the | 12 | | Authority during his or her term of service with the Authority | 13 | | and for a period of one year following the termination of his | 14 | | or her term of service as a director of the Authority or as an | 15 | | employee or agent of the Authority.
| 16 | | (b) A member of the immediate family or household of a | 17 | | director, employee, or agent of the Authority may not receive a | 18 | | financial benefit from a contract let by the Authority during | 19 | | the immediate family or household member's term of service with | 20 | | the Authority and for a period of one year following the | 21 | | termination of the immediate family or household member's term | 22 | | of service as a director of the Authority or as an employee or | 23 | | agent of the Authority.
| 24 | | (c) A director, employee, or agent of the Authority may not | 25 | | use material non-public information for personal financial |
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| 1 | | gain nor may he or she disclose that information to any other | 2 | | person for that person's personal financial gain when that | 3 | | information was obtained as a result of his or her | 4 | | directorship, employment, or agency with the Authority.
| 5 | | (d) A member of the immediate family or household of a | 6 | | director, employee, or agent of the Authority may not use | 7 | | material non-public information for personal financial gain | 8 | | nor may he or she disclose that information to any other person | 9 | | for that person's personal financial gain when that information | 10 | | was obtained as a result of his or her immediate family or | 11 | | household member's directorship, employment, or agency with | 12 | | the Authority.
| 13 | | (e) For purposes of this Section, "immediate family or | 14 | | household member" means the spouse, child, parent, brother, | 15 | | sister, grandparent, or grandchild, whether of the whole blood | 16 | | or half blood or by adoption, or a person who shares a common | 17 | | dwelling with a director of the Authority or with an employee | 18 | | or agent of the Authority.
| 19 | | Section 175. Disadvantaged businesses. Consistent with | 20 | | general law, the Authority shall: | 21 | | (a) set goals for the award of contracts to disadvantaged | 22 | | businesses and attempt to meet the goals;
| 23 | | (b) attempt to identify disadvantaged businesses that | 24 | | provide or have the potential to provide supplies, materials, | 25 | | equipment, or services to the Authority;
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| 1 | | (c) give disadvantaged businesses full access to the | 2 | | Authority's contract bidding process, inform the businesses | 3 | | about the process, offer the businesses assistance concerning | 4 | | the process, and identify and take all reasonable steps to | 5 | | remove barriers to the businesses' participation in the | 6 | | process.
| 7 | | Section 180. Bonds. | 8 | | (a) The Authority may from time to time issue bonds for any | 9 | | lawful purpose, including, without limitation, the costs of | 10 | | issuance of and all bonds or other obligations of the Authority | 11 | | issued pursuant to this Act shall be and are hereby declared to | 12 | | be negotiable for all purposes notwithstanding their payment | 13 | | from a limited source and without regard to any other law or | 14 | | laws.
| 15 | | (b) The bonds of every issue shall be payable solely out of | 16 | | revenues of the Authority, accumulated reserves or sinking | 17 | | funds, bond proceeds, proceeds of refunding bonds, or | 18 | | investment earnings as the Authority shall specify in a bond | 19 | | resolution.
| 20 | | (c) The bonds may be issued as serial bonds or as term | 21 | | bonds, or the Authority, in its discretion, may issue bonds of | 22 | | both types. The bonds shall be authorized by a bond resolution | 23 | | of the Authority, may be issued in one or more series and shall | 24 | | bear such date or dates, mature at such time or times not | 25 | | exceeding 25 years from their respective date or dates of |
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| 1 | | issue, bear interest at such rate or rates, fixed or variable, | 2 | | without regard to any limit contained in any other statute or | 3 | | law of the State of Illinois, be payable as to principal and | 4 | | interest at such time or times, be in such denominations, be in | 5 | | such form, either coupon or fully registered, carry such | 6 | | registration and conversion privileges, be payable in lawful | 7 | | money of the United States of America at such places, be | 8 | | subject to such terms of redemption and may contain such other | 9 | | terms and provisions, as such bond resolution or resolutions | 10 | | may provide. The bonds shall be executed by the manual or | 11 | | facsimile signatures of the chairperson and the secretary. In | 12 | | case any of the officers whose signature appears on the bonds | 13 | | or coupons, if any, shall cease to be an officer before the | 14 | | delivery of the bonds, such signature shall nevertheless be | 15 | | valid and sufficient for all purposes, as if he or she had | 16 | | remained in office until the delivery of the bonds. The bonds | 17 | | shall be sold in a manner as the Authority shall determine. The | 18 | | proceeds from the sale of bonds shall be paid to the Treasurer | 19 | | of the State of Illinois as ex officio custodian. Pending | 20 | | preparation of the definitive bonds, the Authority may issue | 21 | | interim receipts or certificates which shall be exchanged for | 22 | | the definitive bonds.
| 23 | | (d) Any bond resolution or trust indenture entered into | 24 | | pursuant to a bond resolution may contain provisions, which | 25 | | shall be a part of the contract with the holders of the bonds | 26 | | to be authorized, as to: (i) pledging or creating a lien upon |
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| 1 | | all or part of the revenues of the Authority or any reserves, | 2 | | sinking funds, bond proceeds, or investment earnings; (ii) the | 3 | | setting aside of reserves or sinking funds and the regulation, | 4 | | investment, and disposition thereof; (iii) the use and | 5 | | maintenance requirements for the high speed railways; (iv) the | 6 | | purposes to which or the investments in which the proceeds of | 7 | | sale of any series or issue of bonds then or thereafter to be | 8 | | issued may be applied; (v) the issuance of additional bonds, | 9 | | the terms upon which additional bonds may be issued and | 10 | | secured, the purposes for such additional bonds, and the terms | 11 | | upon which additional bonds may rank on a parity with, or be | 12 | | subordinate or superior to, other bonds; (vi) the refunding of | 13 | | outstanding bonds; (vii) the procedure, if any, by which the | 14 | | terms of any contract with bondholders may be amended or | 15 | | abrogated, the amount of bonds the holders of which must | 16 | | consent to, and the manner in which such consent may be given; | 17 | | (viii) defining the acts or omissions to act which shall | 18 | | constitute a default in the duties of the Authority to holders | 19 | | of its obligations and providing the rights and remedies of the | 20 | | holders in the event of a default; and (ix) any other matters | 21 | | relating to the bonds which the Authority deems desirable.
| 22 | | (e) Neither the directors of the Authority nor any person | 23 | | executing the bonds shall be liable personally on the bonds or | 24 | | be subject to any personal liability or accountability by | 25 | | reason of the issuance thereof.
| 26 | | (f) The Authority shall have power out of any funds |
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| 1 | | available to purchase its bonds. The Authority may hold, | 2 | | pledge, cancel, or resell the bonds subject to and in | 3 | | accordance with agreements with bondholders.
| 4 | | (g) In the discretion of the Authority, any bonds issued | 5 | | under the provisions of this Act may be secured by a trust | 6 | | indenture by and between the Authority and a trustee or | 7 | | trustees, which may be any trust company or bank in the State | 8 | | of Illinois having the powers of a trust company and possessing | 9 | | capital and surplus of not less than $50,000,000. The bond | 10 | | resolution or trust indenture providing for the issuance of | 11 | | bonds so secured shall pledge such revenues of the Authority, | 12 | | sinking funds, bond proceeds, or investment earnings as may be | 13 | | specified, may contain such provisions for protecting and | 14 | | enforcing the rights and remedies of the bondholders as may be | 15 | | reasonable and proper and not in violation of law, including | 16 | | particularly such provisions as have been specifically | 17 | | authorized to be included in any bond resolution or trust | 18 | | indenture of the Authority, and may restrict the individual | 19 | | right of action by bondholders. In addition to the foregoing, | 20 | | any bond resolution or trust indenture may contain other | 21 | | provisions as the Authority may deem reasonable and proper for | 22 | | the security of the bondholders, including, but not limited to, | 23 | | the purchase of bond insurance and the arrangement of letters | 24 | | of credit, lines of credit, or other credit or liquidity | 25 | | enhancement facilities; except, however, there shall be no | 26 | | pledge of the high speed railway line or any part thereof. All |
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| 1 | | expenses incurred in carrying out the provisions of any bond | 2 | | resolution or trust indenture may be treated as a part of the | 3 | | cost of the operation of the high speed railway lines.
| 4 | | (h) Bonds issued under the authority of this Act do not, | 5 | | and shall state upon the face of each bond that they do not, | 6 | | represent or constitute a debt of the Authority or of the State | 7 | | of Illinois within the meaning of any constitutional or | 8 | | statutory limitation or a pledge of the faith and credit of the | 9 | | Authority or the State of Illinois, or grant to the owners or | 10 | | holders thereof any right to have the Authority or the General | 11 | | Assembly levy any taxes or appropriate any funds for the | 12 | | payment of the principal or interest. The bonds shall be | 13 | | payable and shall state that they are payable solely from the | 14 | | revenues and the sources authorized under this Act and pledged | 15 | | for their payment in accordance with the bond resolution or | 16 | | trust indenture.
| 17 | | Nothing in this Act shall be construed to authorize the | 18 | | Authority or any department, board, commission, or other agency | 19 | | to create an obligation of the State of Illinois within the | 20 | | meaning of the Constitution or Statutes of Illinois.
Any | 21 | | resolution or trust indenture authorizing the issuance of the | 22 | | bonds may include provision for the issuance of additional | 23 | | bonds. All resolutions of the Authority to carry the adopted | 24 | | bond resolutions into effect, to provide for the sale and | 25 | | delivery of the bonds, for letting of contracts for the | 26 | | construction of high speed railways, and the acquisition of |
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| 1 | | real and personal property deemed by the Authority necessary or | 2 | | convenient for the construction of high speed railways, shall | 3 | | not require the approval of the Governor or of any other | 4 | | department, division, commission, bureau, board, or other | 5 | | agency of the State. | 6 | | Section 185. Expenses. The sums of money appropriated by | 7 | | the General Assembly for the payment of ordinary and contingent | 8 | | expenses of the Authority or the payment of compensation of the | 9 | | members of the Authority expended as a part of the cost of a | 10 | | high speed railway financed by revenue bonds issued and sold by | 11 | | the Authority under this Act shall be repaid to the State | 12 | | Treasury out of the proceeds of the sale of such bonds, for | 13 | | deposit in the fund from which the sums were appropriated. Any | 14 | | sums remaining unpaid because expended for preliminary | 15 | | investigation of high speed railway routes not constructed | 16 | | shall be repaid by the Authority out of the proceeds of the | 17 | | sale of any of the bonds issued to finance additional high | 18 | | speed railways or extensions of existing high speed railways. | 19 | | Section 190. Fares. The Authority shall fix and revise from | 20 | | time to time, fares, charges, or rates for the privilege of | 21 | | using each of the high speed railways constructed under this | 22 | | Act. The fares shall be fixed and adjusted at rates calculated | 23 | | to provide the lowest reasonable fare rates that will provide | 24 | | funds sufficient with other revenues of the Authority to pay |
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| 1 | | (1) the cost of the construction of a high speed railway | 2 | | authorized by joint resolution of the General Assembly and the | 3 | | reconstruction, major repairs, or improvements of high speed | 4 | | railways; (2) the cost of maintaining, repairing, regulating, | 5 | | and operating the high speed railways, including only the | 6 | | necessary expenses of the Authority; and (3) the principal of | 7 | | all bonds, bond interest, and all sinking fund requirements and | 8 | | other requirements provided by resolutions authorizing the | 9 | | issuance of the bonds as they shall become due. In fixing the | 10 | | fare rates under this Act, the Authority shall take into | 11 | | account the effect of the provisions of this Section permitting | 12 | | the use of the high speed railway system without payment of the | 13 | | covenants of the Authority contained in the resolutions and | 14 | | trust indentures authorizing the issuance of bonds of the | 15 | | Authority. No provision permitting the use of the high speed | 16 | | railway system without payment of fares after the effective | 17 | | date of this Act shall be applied in a manner that impairs the | 18 | | rights of bondholders pursuant to any resolution or trust | 19 | | indentures authorizing the issuance of bonds of the Authority. | 20 | | The use and disposition of any sinking or reserve fund shall be | 21 | | subject to such regulation as may be provided in the resolution | 22 | | or trust indenture authorizing the issuance of the bonds. | 23 | | Subject to the provisions of any resolution or trust indenture | 24 | | authorizing the issuance of bonds, any moneys in any sinking | 25 | | fund in excess of an amount equal to one year's interest on the | 26 | | bonds then outstanding secured by the sinking fund may be |
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| 1 | | applied to the purchase or redemption of bonds. All bonds so | 2 | | redeemed or purchased shall be cancelled and shall not again be | 3 | | issued. | 4 | | Section 195. Refunding bonds. | 5 | | (a) The Authority is hereby authorized, by resolution, to | 6 | | provide for the issuance, from time to time, of refunding or | 7 | | advance refunding bonds for the purpose of refunding any bonds | 8 | | then outstanding at maturity or on any redemption date, whether | 9 | | an entire issue or series, or one or more issues or series, or | 10 | | any portions or parts of any issue or series, which shall have | 11 | | been issued by the Authority.
| 12 | | (b) The proceeds of any such refunding bonds may be used | 13 | | for any one or more of the following purposes:
| 14 | | (1) to pay the principal amount of any outstanding | 15 | | bonds to be retired at maturity or redeemed prior to | 16 | | maturity;
| 17 | | (2) to pay the total amount of any redemption premium | 18 | | incident to redemption of such outstanding bonds to be | 19 | | refunded;
| 20 | | (3) to pay the total amount of any interest accrued or | 21 | | to accrue to the date or dates of redemption or maturity of | 22 | | such outstanding bonds to be refunded;
| 23 | | (4) to pay any and all costs or expenses incident to | 24 | | such refunding;
| 25 | | (5) to make deposits into an irrevocable trust in |
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| 1 | | accordance with subsection (f) of this Section. Refunding | 2 | | bonds may be issued in amounts sufficient to accomplish any | 3 | | one or more of the foregoing purposes, taking into | 4 | | consideration the income earned on bond proceeds prior to | 5 | | the application or without taking the income into | 6 | | consideration.
| 7 | | (c) The issuance of refunding bonds, the maturities and | 8 | | other details, the rights of the holders and the rights, | 9 | | duties, and obligations of the Authority in respect of the same | 10 | | shall be governed by the provisions of this Act, insofar as the | 11 | | same may be applicable, and may in harmony be adjusted and | 12 | | modified to conform to the facts and circumstances prevailing | 13 | | in each instance of issuance of such refunding bonds. The | 14 | | Authority need not comply with the requirements of any other | 15 | | law applicable to the issuance of bonds other than as set forth | 16 | | in this Act. | 17 | | (d) With reference to the investment of the proceeds of any | 18 | | refunding bonds, the Authority shall not authorize or | 19 | | anticipate investment earnings exceeding such as are | 20 | | authorized or permitted under prevailing federal laws, | 21 | | regulations, and administrative rulings and interpretations | 22 | | relating to arbitrage bonds.
| 23 | | (e) The proceeds of any refunding bonds (together with any | 24 | | other funds available for application to refunding purposes, if | 25 | | so provided or permitted by resolution authorizing the issuance | 26 | | of refunding bonds, or in a trust indenture securing the same) |
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| 1 | | may be placed in trust to be applied to the purchase, | 2 | | retirement at maturity, or redemption of the bonds to be | 3 | | refunded on dates as may be determined by the Authority. | 4 | | Pending the application, the proceeds of the refunding bonds | 5 | | and other available funds, if any, may be invested in direct | 6 | | obligations of, or obligations the principal of which and any | 7 | | interest on which are unconditionally guaranteed by, the United | 8 | | States of America which shall mature, or which shall be subject | 9 | | to redemption by the holder at its option, not later than the | 10 | | respective date or dates when the proceeds and other available | 11 | | funds, if any, will be required for the refunding purpose | 12 | | intended or authorized.
| 13 | | (f) Upon: (1) the deposit of the proceeds of the refunding | 14 | | bonds (together with any other funds available for application | 15 | | to refunding purposes, if so provided or permitted by | 16 | | resolution authorizing the issuance of such refunding bonds, or | 17 | | in a trust indenture securing the same) in an irrevocable trust | 18 | | under a trust agreement with a trustee requiring the trustee to | 19 | | satisfy the obligations of the Authority to timely pay at | 20 | | maturity or upon prior redemption the outstanding bonds for | 21 | | which the proceeds of the refunding bonds and other funds, if | 22 | | any, are deposited, in an amount sufficient to satisfy the | 23 | | obligations of the Authority to timely pay at maturity or upon | 24 | | prior redemption such outstanding bonds; (2) the deposit in the | 25 | | irrevocable trust of direct obligations of, or obligations the | 26 | | principal and interest of which are unconditionally guaranteed |
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| 1 | | by, the United States of America in an amount sufficient, | 2 | | without regard to investment earnings, to satisfy the | 3 | | obligations of the Authority to timely pay at maturity or upon | 4 | | prior redemption the outstanding bonds; or (3) the deposit in | 5 | | the irrevocable trust of obligations referred to in (2) above | 6 | | in an amount sufficient so that, taking into account investment | 7 | | earnings, upon maturity (or upon optional redemption by the | 8 | | trustee) of the obligations amounts will be produced on a | 9 | | timely basis sufficient to satisfy the obligations of the | 10 | | Authority to timely pay at maturity or upon prior redemption of | 11 | | the outstanding bonds, the outstanding bonds shall be deemed | 12 | | paid and no longer be deemed to be outstanding for purposes of | 13 | | the resolution or trust indenture and all rights and | 14 | | obligations under any prior resolution or trust indenture shall | 15 | | be deemed discharged notwithstanding any provision of any | 16 | | outstanding bonds or any resolution or trust indenture | 17 | | authorizing the issuance of outstanding bonds; however, the | 18 | | holders of the outstanding bonds shall have an irrevocable and | 19 | | unconditional right to payment in full of all principal of and | 20 | | premium, if any, and interest on the outstanding bonds, at | 21 | | maturity or upon prior redemption, from the amounts on deposit | 22 | | in the trust. The trustee shall be any trust company or bank in | 23 | | the State of Illinois having the power of a trust company | 24 | | possessing capital and surplus of not less than $100,000,000.
| 25 | | (g) It is hereby found and determined that the contractual | 26 | | rights of the bondholders under any such prior resolution or |
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| 1 | | trust indenture will not be impaired by a refunding this | 2 | | Section in that, the payment of such outstanding bonds having | 3 | | been provided for as set forth herein, the bondholders' rights | 4 | | and security as to payment of the principal of, premium, if | 5 | | any, and interest on such outstanding bonds will have been | 6 | | enhanced, and the bondholders shall suffer no financial loss. | 7 | | Section 200. Payment of bonds. When all bonds including | 8 | | refunding bonds and all interest thereon have been paid, or a | 9 | | sufficient amount for the payment of all bonds and interest due | 10 | | or accrued thereon has been set aside in trust for the benefit | 11 | | of the bondholders and shall continue to be held for that | 12 | | purpose, and when all money appropriated by the General | 13 | | Assembly has been repaid under this Act, the high speed | 14 | | railways and any connecting tunnels, bridges, approaches, or | 15 | | other appurtenances to such high speed railways shall become a | 16 | | part of the system of the State highways of the State of | 17 | | Illinois. | 18 | | When all the obligations and all bonds including refunding | 19 | | bonds of the Authority have been paid, the Authority shall be | 20 | | dissolved and all funds of the Authority not required for the | 21 | | payment of bonds, interest, machinery, equipment, property or | 22 | | other obligations of the Authority shall be paid to the State | 23 | | Treasurer. | 24 | | Section 205. Taxation. All property belonging to the |
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| 1 | | Authority, and the high speed railways, shall be exempt from | 2 | | taxation. However, property that has been or shall be leased by | 3 | | the Authority to a private individual, association, or | 4 | | corporation for a use which is not exempted from taxation under | 5 | | Article 15 of the Property Tax Code is subject to taxation as | 6 | | provided in Section 9-195 of the Property Tax Code, regardless | 7 | | of any provision in such a lease to the contrary. | 8 | | Section 210. Legislative declaration; Authority budget. | 9 | | (a) It is hereby declared, as a matter of legislative | 10 | | determination, that it is in the best interest of the State of | 11 | | Illinois, the public, and the holders of Authority bonds that | 12 | | Authority funds be expended only on goods and services that | 13 | | protect and enhance the efficiency, safety, and environmental | 14 | | quality of the high speed railway system.
| 15 | | (b) The Authority shall spend moneys received from the | 16 | | issuance of bonds and as fares or otherwise in the operation of | 17 | | the high speed railway system only on the following:
| 18 | | (1) operations and maintenance expenditures that are | 19 | | reasonable and necessary to keep the high speed railway | 20 | | system in a state of good repair in accordance with | 21 | | contemporary highway safety and maintenance standards;
| 22 | | (2) principal and interest payments and payment of | 23 | | other obligations the Authority has incurred in connection | 24 | | with bonds issued under this Act;
| 25 | | (3) renewal and replacement expenditures necessary and |
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| 1 | | sufficient to protect and preserve the long-term | 2 | | structural integrity of the high speed railway system; and | 3 | | (4) system improvement expenditures necessary and | 4 | | sufficient to improve and expand the high speed railway | 5 | | system, subject to the requirements of this Act.
| 6 | | (c) Any moneys remaining after the expenditures listed in | 7 | | subsection (b) of this Section may be spent only for reasonable | 8 | | and necessary Authority purposes that will enhance the safety, | 9 | | efficiency, and environmental quality of the high speed railway | 10 | | system in a cost-effective manner. Authority funds may not be | 11 | | spent for purposes not reasonably related to high speed railway | 12 | | operations and improvements or in a manner that is not | 13 | | cost-effective.
| 14 | | (d) The Authority must at all times maintain a reserve for | 15 | | maintenance and operating expenses that is no more than 130% of | 16 | | the operating expenses it has budgeted for its current fiscal | 17 | | year, unless the requirements of any bond resolution or trust | 18 | | indenture then securing obligations of the Authority mandate a | 19 | | greater amount.
| 20 | | (e) The Authority shall file with the Governor, the Clerk | 21 | | of the House of Representatives, the Secretary of the Senate, | 22 | | and the Commission on Government Forecasting and | 23 | | Accountability, on or prior to March 15th of each year, a | 24 | | written statement and report covering its activities for the | 25 | | preceding calendar year. The Authority shall present, to the | 26 | | committees of the House of Representatives designated by the |
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| 1 | | Speaker of the House and to the committees of the Senate | 2 | | designated by the President of the Senate, an annual report | 3 | | outlining its planned revenues and expenditures. The Authority | 4 | | shall prepare an annual capital plan which identifies capital | 5 | | projects by location and details the project costs in correct | 6 | | dollar amounts. The Authority shall also prepare and file a | 7 | | ten-year capital plan that includes a listing of all capital | 8 | | improvement projects contemplated during the ensuing ten-year | 9 | | period. The first ten-year capital plan shall be filed in | 10 | | within one year after the enactment of this Act and thereafter | 11 | | on the anniversary of each ten-year period.
| 12 | | (f) It shall be the duty of the Auditor General of the | 13 | | State of Illinois to annually to audit or cause to be audited | 14 | | the books and records of the Authority and to file a certified | 15 | | copy of the report of such audit with the Governor and with the | 16 | | Legislative Audit Commission, which shall be open to the public | 17 | | for inspection.
| 18 | | (g) The Authority shall hold a public hearing on its | 19 | | proposed annual budget, not less than 15 days before its | 20 | | directors meet to consider adoption of the annual budget, at | 21 | | which any person may appear, express opinions, suggestions, or | 22 | | objections, or direct inquiries relating to the proposed | 23 | | budget. The Authority must give notice of the hearing at least | 24 | | 15 days prior to the hearing stating the time, place, and | 25 | | purpose of the hearing in a daily newspaper of general | 26 | | circulation throughout the Authority's service area and by |
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| 1 | | posting the meeting notice and a copy of the proposed budget on | 2 | | the Authority's website. The proceedings at the hearing shall | 3 | | be transcribed. The transcript shall be made available at | 4 | | reasonable hours for public inspection, and a copy of the | 5 | | transcript, together with a copy of all written statements | 6 | | submitted at the hearing, shall be submitted to the directors | 7 | | before the vote on adoption of the proposed annual budget.
| 8 | | (h) The Authority shall post on its website copies of its | 9 | | annual report and its budget for the current year, along with | 10 | | any other financial information necessary to adequately inform | 11 | | the public of the Authority's financial condition and capital | 12 | | plan.
| 13 | | (i) The requirements set forth in subsections (b) through | 14 | | (g) of this Section may not be construed or applied in a manner | 15 | | that impairs the rights of bondholders under any bond | 16 | | resolution or trust indenture entered into in accordance with a | 17 | | bond resolution authorized by the Authority's directors, nor | 18 | | may those requirements be construed as a limitation on the | 19 | | Authority's powers as set forth elsewhere in this Act.
| 20 | | Section 215. Illinois High Speed Rail Authority Fund. | 21 | | Except as otherwise provided in any bond resolution, the | 22 | | proceeds derived from the sale of bonds, and all receipts and | 23 | | income derived from fares, licenses, gifts, donations, | 24 | | concessions, fees, rentals, and all other revenues from | 25 | | whatever source derived, shall, within 3 days after receipt |
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| 1 | | thereof, be paid to the Treasurer of the State of Illinois, and | 2 | | held by the Treasurer as a special fund known as the Illinois | 3 | | High Speed Rail Authority Fund, except that the Authority may | 4 | | retain portions of the Illinois High Speed Rail Authority Fund | 5 | | as a locally maintained construction fund revolving account and | 6 | | as a revenue fund revolving account, where authorized by a bond | 7 | | resolution, and as locally maintained change funds, where | 8 | | necessary for the operations of the Authority. The State | 9 | | Treasurer shall be ex officio custodian of such special fund, | 10 | | which fund shall be held, invested and disbursed for the | 11 | | purposes provided herein upon the order of the Authority and in | 12 | | accordance with provisions and covenants of any bond resolution | 13 | | authorizing the issuance of bonds which have not been paid or | 14 | | deemed paid. The interest accruing on the special fund shall be | 15 | | computed and added to the principal every 6 months. In addition | 16 | | to the special audits prescribed by this Act, the Fund shall | 17 | | also be subject to audit in the same manner as is now or may be | 18 | | provided for the audit of State funds and accounts. The Fund | 19 | | shall be protected by a corporate surety bond, executed by the | 20 | | Treasurer, with a surety authorized to do business under the | 21 | | laws of the State of Illinois. The amount of bond shall be | 22 | | fixed by resolution of the Authority, approved by the Governor, | 23 | | and may be increased or diminished at any time. The premiums on | 24 | | the bond shall be payable from the funds of the Authority. The | 25 | | bond shall be subject to the approval of the Governor and | 26 | | Attorney General of the State of Illinois, and, when so |
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| 1 | | approved, shall be filed in the office of the Secretary of | 2 | | State. The Fund shall be considered always appropriated for the | 3 | | purposes of disbursements, as provided in this Act, and shall | 4 | | be paid out and disbursed only as provided herein, and shall | 5 | | not, at any time be appropriated or diverted to any other use | 6 | | or purpose. | 7 | | Section 220. Payments. After the issuance of revenue bonds | 8 | | to finance the construction of high speed railways, and | 9 | | repayment from the proceeds of the bonds of any amount | 10 | | repayable to the State Treasury under this Act, the expenses of | 11 | | the Authority, and the compensation of the members, and all | 12 | | other costs of the high speed railways and its administration | 13 | | and operation shall be paid from the proceeds of such bond | 14 | | issues or from the moneys received by the Authority as fares or | 15 | | otherwise in the operation of the high speed railways. | 16 | | Section 225. Power to levy taxes. The Authority shall have | 17 | | no power to levy taxes, or to pledge any of its property, other | 18 | | than income from whatever source derived for the payments of | 19 | | any of its debts or obligations. | 20 | | Section 230. Violations. Any person who violates any | 21 | | resolution, rule, or regulation, adopted or promulgated by the | 22 | | Authority this Act, shall be guilty of a petty offense. |
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| 1 | | Section 235. Waste. It is unlawful for any person to | 2 | | deposit within the right-of-way limits of the high speed | 3 | | railways trash, glass, weeds, garbage, or other offensive | 4 | | matter; and any person so offending shall be guilty of a petty | 5 | | offense and shall be fined not more than $500.00. However, this | 6 | | Section shall not apply to proper deposits of harmless | 7 | | materials made in good faith and in a proper manner to repair | 8 | | the high speed railways. | 9 | | Section 240. Payment of fares. Any person who shall use any | 10 | | spurious or counterfeit tickets, coupons, or tokens in payment | 11 | | of any fare required to be paid by the Authority under this | 12 | | Act, or who shall attempt to use the high speed railway service | 13 | | without payment of the fares prescribed by the Authority, shall | 14 | | be deemed guilty of a petty offense and shall be fined not less | 15 | | than $5 nor more than $100 for each such offense. | 16 | | Section 245. Interest in contracts. No director or officer | 17 | | of the Authority shall be interested, directly or indirectly, | 18 | | in any contract, agreement, lease, work, or business of the | 19 | | Authority, or in the sale of any article whenever the expense, | 20 | | price, or consideration of the contract, agreement, lease, | 21 | | work, business or sale is paid by the Authority. No director or | 22 | | officer of the Authority shall be interested, directly or | 23 | | indirectly, in the purchase, sale or lease of any property | 24 | | which (1) belongs to the Authority; (2) is sold, leased or |
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| 1 | | acquired by the Authority; or (3) is sold by virtue of legal | 2 | | process at the suit of the Authority. | 3 | | Section 250. Malconduct. Every chairperson, director, or | 4 | | officer of the Authority who is guilty of a palpable omission | 5 | | of duty, or who is guilty of willful and corrupt oppression, | 6 | | malconduct, or misfeasance in office in discharge of the duties | 7 | | of office shall be liable to indictment in any court of | 8 | | competent jurisdiction and shall be guilty of a Class A | 9 | | misdemeanor. Any conviction under this Section shall | 10 | | constitute grounds for removal under this Act. | 11 | | Section 255. Investments. Counties, cities, villages, | 12 | | incorporated towns, and other municipal corporations, | 13 | | political subdivisions and public bodies, and public officers | 14 | | of any thereof, all banks, bankers, trust companies, savings | 15 | | banks and institutions, building and loan associations, | 16 | | savings and loan associations, investment companies, insurance | 17 | | associations and all executors, administrators, guardians, | 18 | | trustees and other fiduciaries may legally invest any sinking | 19 | | funds, moneys, or other funds belonging to them or within their | 20 | | control in any bonds or refunding bonds issued by the | 21 | | Authority. It is the purpose of this Section to authorize the | 22 | | investment in bonds, or refunding bonds, of all sinking, | 23 | | insurance, retirement, compensation, pension, and trust funds, | 24 | | whether owned or controlled by private or public persons or |
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| 1 | | officers; except, however, that nothing contained in this | 2 | | Section may be construed as relieving any officer, person, | 3 | | firm, or corporation from any duty of exercising reasonable | 4 | | care in selecting securities. | 5 | | Section 260. Suits. The State of Illinois hereby consents | 6 | | to suits against the Authority solely as in this Section as | 7 | | follows: | 8 | | (a) The holder or holders of any bonds or coupons | 9 | | issued by the Authority may bring civil actions to compel | 10 | | the observance by the Authority or by any of its officers, | 11 | | agents, or employees of any contract or covenant made by | 12 | | the Authority with the holders of such bonds or coupons, | 13 | | and to compel the Authority and any of its officers, agents | 14 | | or employees, to perform any duties required to be | 15 | | performed for the benefit of the holders of the bonds or | 16 | | coupons by the provisions of the resolution authorizing | 17 | | their issuance, or by this Act, or to enjoin the Authority | 18 | | and any of its officers, agents or employees from taking | 19 | | any action in conflict with such contract or covenant.
| 20 | | (b) Any person or persons may bring a civil action to | 21 | | recover damages for injury to his or her person or property | 22 | | caused by any act of the Authority or by any act of any of | 23 | | its officers, agents, or employees done under its | 24 | | direction.
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| 1 | | Section 265. Review. All determinations made by the | 2 | | Authority in the exercise of its discretionary powers, with the | 3 | | approval of the Governor if such approval is expressly required | 4 | | by the provisions of this Act, including without limitation, | 5 | | the location and terminal points of any high speed railway or | 6 | | section to be constructed by it, the materials to be used in | 7 | | its construction, the plans and specifications, the fares to be | 8 | | charged, and the letting of contracts for the construction of | 9 | | high speed railways, or the sale of bonds, shall be conclusive | 10 | | and shall not be subject to review by the courts or by any | 11 | | administrative agency of the State. | 12 | | Section 270. Expenses. | 13 | | (a) The sum of $100,000,000 is hereby appropriated from the | 14 | | Road Fund to The Illinois High Speed Rail Authority for the | 15 | | purpose of paying the ordinary and contingent expenses of the | 16 | | Authority necessary to finance engineering and traffic studies | 17 | | to determine the feasibility of constructing new high speed | 18 | | railways within the State of Illinois, to determine routes to | 19 | | prepare and develop appropriate business plans with the purpose | 20 | | to finance construction of the new high speed railways through | 21 | | Public-Private Partnership delivery methods, and for the | 22 | | purpose of compensating all persons who must be employed for | 23 | | such purposes.
| 24 | | (b) Compensation of employees devoting their entire time in | 25 | | coordinating the necessary information and in determining the |
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| 1 | | feasibility of constructing additional high speed railways | 2 | | within the State of Illinois shall be paid from the amount | 3 | | appropriated, and in the case of any employee who is devoting | 4 | | part time to the coordination and procuring of the necessary | 5 | | material for a determination as to whether or not additional | 6 | | high speed railways shall be constructed within the State of | 7 | | Illinois shall be paid from the amount appropriated, to the | 8 | | extent of the time devoted to such work, it being the intent | 9 | | and purpose that each employee account for the time so spent to | 10 | | be paid from this appropriation, to the end that no charges or | 11 | | expenses of any kind shall be made to any of the funds or | 12 | | accounts created by virtue of the issuing of bonds under this | 13 | | Act, except those necessary to the maintenance, | 14 | | administration, and operation of existing high speed railway | 15 | | constructed under the provisions of this Act.
| 16 | | (c) The amount appropriated in this Section shall be repaid | 17 | | by the Authority under this Act.
| 18 | | Section 275. The State Finance Act is amended by adding | 19 | | Section 5.878 as follows: | 20 | | (30 ILCS 105/5.878 new) | 21 | | Sec. 5.878. The Illinois High Speed Rail Authority Fund.
| 22 | | Section 999. Severability. The provisions of this Act are | 23 | | severable under Section 1.31 of the Statute on Statutes.".
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