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Public Act 103-0707 Public Act 0707 103RD GENERAL ASSEMBLY | Public Act 103-0707 | HB5349 Enrolled | LRB103 37578 MXP 67704 b |
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| AN ACT concerning State government. | Be it enacted by the People of the State of Illinois, | represented in the General Assembly: | Section 5. The Department of Transportation Law of the | Civil Administrative Code of Illinois is amended by changing | Section 2705-440 as follows: | (20 ILCS 2705/2705-440) (was 20 ILCS 2705/49.25h) | Sec. 2705-440. Intercity Rail Service. | (a) For the purposes of providing intercity railroad | passenger service within this State and throughout the United | States, the Department is authorized to enter into agreements | with any state, state agency, units of local government or | political subdivisions, the Commuter Rail Division of the | Regional Transportation Authority (or a public corporation on | behalf of that Division), architecture or engineering firms, | the National Railroad Passenger Corporation, any carrier, or | any individual, corporation, partnership, or public or private | entity. The cost related to such services shall be borne in | such proportion as, by agreement or contract the parties may | desire. | (b) In providing any intercity railroad passenger service | as provided in this Section, the Department shall have the | following additional powers: |
| (1) to enter into trackage use agreements with rail | carriers; | (1.5) to freely lease or otherwise contract for any | purpose any of the locomotives, passenger railcars, and | other rolling stock equipment or accessions to any state | or state agency, public or private entity, or quasi-public | entities; | (2) to enter into haulage agreements with rail | carriers; | (3) to lease or otherwise contract for use, | maintenance, servicing, and repair of any needed | locomotives, rolling stock, stations, or other facilities, | the lease or contract having a term not to exceed 50 years | (but any multi-year contract shall recite that the | contract is subject to termination and cancellation, | without any penalty, acceleration payment, or other | recoupment mechanism, in any fiscal year for which the | General Assembly fails to make an adequate appropriation | to cover the contract obligation); | (4) to enter into management agreements; | (5) to include in any contract indemnification of | carriers or other parties for any liability with regard to | intercity railroad passenger service; | (6) to obtain insurance for any losses or claims with | respect to the service; | (7) to promote the use of the service; |
| (8) to make grants to any body politic and corporate, | any unit of local government, or the Commuter Rail | Division of the Regional Transportation Authority to cover | all or any part of any capital or operating costs of the | service and to enter into agreements with respect to those | grants; | (9) to set any fares or make other regulations with | respect to the service, consistent with any contracts for | the service; and | (10) to otherwise enter into any contracts necessary | or convenient to provide rail services, operate or | maintain locomotives, passenger railcars, and other | rolling stock equipment or accessions, including the lease | or use of such locomotives, railcars, equipment, or | accessions. | (c) All service provided under this Section shall be | exempt from all regulations by the Illinois Commerce | Commission (other than for safety matters). To the extent the | service is provided by the Commuter Rail Division of the | Regional Transportation Authority (or a public corporation on | behalf of that Division), it shall be exempt from safety | regulations of the Illinois Commerce Commission to the extent | the Commuter Rail Division adopts its own safety regulations. | (d) In connection with any powers exercised under this | Section, the Department | (1) shall not have the power of eminent domain; and |
| (2) shall not directly operate any railroad service | with its own employees. | (e) Any contract with the Commuter Rail Division of the | Regional Transportation Authority (or a public corporation on | behalf of the Division) under this Section shall provide that | all costs in excess of revenue received by the Division | generated from intercity rail service provided by the Division | shall be fully borne by the Department, and no funds for | operation of commuter rail service shall be used, directly or | indirectly, or for any period of time, to subsidize the | intercity rail operation. If at any time the Division does not | have sufficient funds available to satisfy the requirements of | this Section, the Division shall forthwith terminate the | operation of intercity rail service. The payments made by the | Department to the Division for the intercity rail passenger | service shall not be made in excess of those costs or as a | subsidy for costs of commuter rail operations. This shall not | prevent the contract from providing for efficient coordination | of service and facilities to promote cost effective operations | of both intercity rail passenger service and commuter rail | services with cost allocations as provided in this paragraph. | (f) Whenever the Department enters into an agreement with | any carrier , state or state agency, any public or private | entity, or quasi-public entity for either the Department's | payment of such railroad required maintenance expenses | necessary for intercity passenger service or for the lease or |
| use of locomotives, passenger railcars, and other rolling | stock equipment or accessions , the Department may deposit such | required maintenance funds into an , use fees, or rental | payments into any escrow account. Whenever the Department | enters into an agreement with any State or State agency, any | public or private entity or quasi-public entity for the lease, | rental or use of locomotives, passenger railcars, and other | rolling stock equipment or accessions, the Department may | deposit such receipts into a separate escrow account. For | purposes of this subsection, an escrow account means any | fiduciary account established with (i) any banking corporation | which is both organized under the Illinois Banking Act and | authorized to accept and administer trusts in this State, or | (ii) any national banking association which has its principal | place of business in this State and which also is authorized to | accept and administer trusts in this State. The funds in any | required maintenance escrow account may be withdrawn by the | carrier or entity in control of the railroad being maintained, | only with the consent of the Department, pursuant to a written | maintenance agreement and pursuant to a maintenance plan that | shall be updated each year. The funds Funds in an escrow | account holding lease payments , use fees, or rental payments | may be withdrawn by the Department , only with the consent of | the Midwest Fleet Pool Board and deposited into the High-Speed | Rolling Stock Fund. to be used or expended on acquisition, | offsets, overhaul fees, or costs of locomotives, railcars, |
| equipment or accessions, including any future equipment | purchase, expenses, fees, or costs, or any other purpose | permitted or required by the escrow agreement or any other | agreement regarding disbursement of funds. The moneys | deposited in the escrow accounts shall be invested and | reinvested, pursuant to the direction of the Department, in | bonds and other interest bearing obligations of this State, or | in such accounts, certificates, bills, obligations, shares, | pools or other securities as are authorized for the investment | of public funds under the Public Funds Investment Act. Escrow | accounts created under this subsection shall not have terms | that exceed 20 years. At the end of the term of an escrow | account holding lease payments, use fees, or rental payments , | the remaining balance shall be deposited in the High-Speed | Rail Rolling Stock Fund, a special fund that is created in the | State Treasury. Moneys in the High-Speed Rail Rolling Stock | Fund may be used for any purpose related to locomotives, | passenger railcars, and other rolling stock equipment. The | Department shall prepare a report for presentation to the | Comptroller and the Treasurer each year that shows the amounts | deposited and withdrawn, the purposes for withdrawal, the | balance, and the amounts derived from investment. | (g) Whenever the Department enters into an agreement with | any carrier, State or State agency, any public or private | entity, or quasi-public entity for costs related to | procurement and maintenance of locomotives, passenger |
| railcars, and other rolling stock equipment or accessions, the | Department shall deposit such receipts into the High-Speed | Rail Rolling Stock Fund. Additionally, the Department may make | payments into the High-Speed Rail Rolling Stock Fund for the | State's share of the costs related to locomotives, passenger | railcars, and other rolling stock equipment. | (Source: P.A. 100-773, eff. 1-1-19 .) |
Effective Date: 1/1/2025
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