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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: |
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(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; |
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(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 |
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(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 |
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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, |
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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 |
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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 .) |