Full Text of HB5220 94th General Assembly
HB5220 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB5220
Introduced 01/24/06, by Rep. Dave Winters SYNOPSIS AS INTRODUCED: |
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20 ILCS 2705/2705-435 |
was 20 ILCS 2705/49.25g-1 |
20 ILCS 2705/2705-440 |
was 20 ILCS 2705/49.25h |
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Amends the Department of Transportation Law of the
Civil Administrative Code of Illinois. Deletes language providing that the Department may not expend funds for the acquisition of railroad rolling stock and may not become the owner of railroad locomotives or other rolling stock. Provides that, in providing intercity railroad passenger service, the Department may enter into a lease or contract with a term of not more than 50 (rather than 7) years for use, maintenance, servicing, and repair of locomotives, rolling stock, stations, and other facilities. Effective immediately.
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A BILL FOR
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HB5220 |
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LRB094 17000 DRH 52281 b |
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| AN ACT concerning State government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Department of Transportation Law of the
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| Civil Administrative Code of Illinois is amended by changing | 6 |
| Sections 2705-435 and 2705-440 as follows:
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| (20 ILCS 2705/2705-435) (was 20 ILCS 2705/49.25g-1)
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| Sec. 2705-435. Loans, grants, or contracts to | 9 |
| rehabilitate, improve, or
construct rail facilities; State | 10 |
| Rail Freight Loan Repayment Fund. In addition to the powers | 11 |
| under Section 105-430,
the
Department shall have the power to | 12 |
| enter into agreements to loan or grant
State funds to any | 13 |
| railroad, unit of local government, rail user, or owner
or | 14 |
| lessee of a railroad right of way to rehabilitate, improve, or | 15 |
| construct
rail facilities.
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| For each project proposed for funding under this Section | 17 |
| the Department
shall, to the extent possible, give preference | 18 |
| to cost effective projects
that facilitate continuation of | 19 |
| existing rail freight service.
In the
exercise of its powers | 20 |
| under this Section, the Department shall coordinate
its program | 21 |
| with the industrial retention and attraction programs of the
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| Department of Commerce and Economic Opportunity
Community | 23 |
| Affairs . No funds provided under this
Section shall be expended | 24 |
| for the acquisition of a right of way or rolling
stock or for | 25 |
| operating subsidies. The costs of a project funded under this
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| Section shall be apportioned in accordance with the agreement | 27 |
| of the
parties for the project. Projects are eligible for a | 28 |
| loan or grant under
this Section only when the Department | 29 |
| determines that the transportation,
economic, and public | 30 |
| benefits associated with a project are
greater than the capital | 31 |
| costs of that project incurred by all parties to
the agreement | 32 |
| and that the project would not have occurred without
its
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| participation. In addition, a project to be eligible for | 2 |
| assistance under
this Section must be included in a State plan | 3 |
| for rail transportation and
local rail service prepared by the | 4 |
| Department. The Department may also
expend State funds for | 5 |
| professional engineering services to conduct
feasibility | 6 |
| studies of projects proposed for funding under this Section, to
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| estimate the costs and material requirements for those | 8 |
| projects,
to provide
for the design of those projects, | 9 |
| including plans and
specifications, and to
conduct | 10 |
| investigations to ensure compliance with the project | 11 |
| agreements.
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| The Department, acting through the Department of Central | 13 |
| Management
Services, shall also have the power to let contracts | 14 |
| for the
purchase of railroad materials and supplies. The | 15 |
| Department shall also
have the power to let contracts for the | 16 |
| rehabilitation,
improvement, or construction of rail | 17 |
| facilities. Any such contract shall
be let, after due public | 18 |
| advertisement, to the lowest responsible bidder or
bidders, | 19 |
| upon terms and conditions to be fixed by the Department. With
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| regard to rehabilitation, improvement, or construction | 21 |
| contracts, the
Department shall also require the successful | 22 |
| bidder or bidders to furnish
good and sufficient bonds to | 23 |
| ensure proper and prompt completion of the
work in accordance | 24 |
| with the provisions of the contracts.
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| In the case of an agreement under which State funds are | 26 |
| loaned under this
Section, the agreement shall provide the | 27 |
| terms and conditions of repayment.
The agreement shall provide | 28 |
| for the security that the
Department shall
determine to protect | 29 |
| the State's interest. The funds may be loaned with or
without | 30 |
| interest. Loaned funds that are repaid to the Department
shall | 31 |
| be
deposited in a special fund in the State treasury to be | 32 |
| known as the State
Rail Freight Loan Repayment Fund. In the | 33 |
| case of repaid funds deposited
in the State Rail Freight Loan
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| Repayment Fund, the Department shall, subject to | 35 |
| appropriation, have
the
reuse of those funds and the interest | 36 |
| accrued thereon, which shall also be
deposited by the State |
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| Treasurer in the Fund, as the State share
in other
eligible | 2 |
| projects under this Section. However, no expenditures from
the | 3 |
| State Rail Freight Loan Repayment Fund for those projects
shall | 4 |
| at any
time exceed the total sum of funds repaid and deposited | 5 |
| in the State Rail
Freight Loan Repayment Fund and interest | 6 |
| earned by investment by the State
Treasurer which the State | 7 |
| Treasurer shall have deposited in that Fund.
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| For the purposes of promoting efficient rail freight | 9 |
| service, the
Department may also provide technical assistance | 10 |
| to railroads, units of
local government or rail users, or | 11 |
| owners or lessees of railroad rights-of-way.
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| The Department shall take whatever actions are necessary or | 13 |
| appropriate
to protect the State's interest in the event of | 14 |
| bankruptcy, default,
foreclosure, or noncompliance with the | 15 |
| terms and conditions of financial
assistance or participation | 16 |
| provided hereunder, including the power to
sell, dispose, | 17 |
| lease, or rent, upon terms and conditions determined by the
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| Secretary to be appropriate, real or personal property that the
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| Department
may receive as a result thereof.
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| The Department is authorized to make reasonable rules and | 21 |
| regulations
consistent with law necessary to carry out the | 22 |
| provisions of this Section.
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| (Source: P.A. 91-239, eff. 1-1-00; revised 12-6-03.)
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| (20 ILCS 2705/2705-440) (was 20 ILCS 2705/49.25h)
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| Sec. 2705-440. Intercity Rail Service.
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| (a) For the
purposes of providing intercity railroad | 27 |
| passenger service within this State
(or as part of service to | 28 |
| cities in
adjacent
states), the Department is authorized to | 29 |
| enter
into agreements with units of local government, the | 30 |
| Commuter Rail Division of
the Regional Transportation | 31 |
| Authority (or a public corporation on behalf of
that Division),
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| architecture or
engineering firms,
the National Railroad | 33 |
| Passenger Corporation, any carrier, any adjacent state
(or | 34 |
| political subdivision,
corporation, or agency of an adjacent | 35 |
| state), or any individual, corporation,
partnership, or public |
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| or private entity. The
cost related to such services shall
be | 2 |
| borne in such proportion as, by agreement or contract the
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| parties may desire.
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| (b) In providing any intercity railroad passenger service | 5 |
| as provided in
this Section, the Department shall have the | 6 |
| following additional powers:
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| (1) to enter into trackage use agreements with rail | 8 |
| carriers;
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| (2) to enter into haulage agreements with rail | 10 |
| carriers;
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| (3) to lease or otherwise contract for use, | 12 |
| maintenance, servicing, and
repair of any needed | 13 |
| locomotives, rolling stock, stations, or other
facilities, | 14 |
| the lease or contract having a term not to exceed 50
7
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| years
(but
any
multi-year contract shall recite that the | 16 |
| contract is subject to termination
and
cancellation, | 17 |
| without any penalty, acceleration payment, or other | 18 |
| recoupment
mechanism, in any fiscal year for which the | 19 |
| General Assembly fails to make an
adequate appropriation to | 20 |
| cover the contract obligation);
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| (4) to enter into management agreements;
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| (5) to include in any contract indemnification of | 23 |
| carriers or other
parties for any liability with regard to | 24 |
| intercity railroad passenger
service;
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| (6) to obtain insurance for any losses or claims
with | 26 |
| respect to the service;
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| (7) to promote the use of the service;
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| (8) to make grants to any body politic and corporate, | 29 |
| any unit of local
government, or the Commuter Rail Division | 30 |
| of the Regional Transportation
Authority to cover all or | 31 |
| any part of any capital or operating costs of
the service | 32 |
| and to enter into agreements with respect to those grants;
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| (9) to set any fares or make other regulations with | 34 |
| respect to the
service,
consistent with any contracts for | 35 |
| the service; and
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| (10) to otherwise enter into any contracts necessary or |
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| convenient to
provide the service.
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| (c) All service provided under this Section shall be exempt | 3 |
| from all
regulations by the Illinois Commerce Commission (other | 4 |
| than for safety
matters).
To the extent the service is provided | 5 |
| by the Commuter Rail Division of the
Regional Transportation | 6 |
| Authority (or a public corporation on behalf of that
Division), | 7 |
| it shall be exempt
from safety regulations of the Illinois | 8 |
| Commerce Commission to the extent the
Commuter Rail Division | 9 |
| adopts its own safety regulations.
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| (d) In connection with any powers exercised under this | 11 |
| Section, the
Department :
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| (1) shall not have the power of eminent domain; and
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| (2) shall not itself become the owner of railroad | 14 |
| locomotives or other
rolling stock,
or
directly operate any | 15 |
| railroad service with its own employees.
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| (e) Any contract with the Commuter Rail Division of the | 17 |
| Regional
Transportation Authority (or a public corporation on | 18 |
| behalf of the Division)
under this Section shall provide that | 19 |
| all costs in excess of revenue received
by the Division | 20 |
| generated from intercity rail service provided by the Division
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| shall be fully borne by the Department, and no funds for | 22 |
| operation of commuter
rail service shall be used, directly or | 23 |
| indirectly, or for any period of time,
to subsidize the | 24 |
| intercity rail operation. If at any time the Division does
not | 25 |
| have sufficient funds available to satisfy the requirements of | 26 |
| this
Section, the Division shall forthwith terminate the | 27 |
| operation of intercity rail
service. The payments made by the | 28 |
| Department to the Division for the intercity
rail passenger | 29 |
| service shall not be made in excess of those costs or as a
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| subsidy for costs of commuter rail operations. This shall not | 31 |
| prevent the
contract from providing for efficient coordination | 32 |
| of service and facilities to
promote cost effective operations | 33 |
| of both intercity rail passenger service and
commuter rail | 34 |
| services with cost allocations as provided in this paragraph.
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| (Source: P.A. 91-239, eff. 1-1-00.)
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| Section 99. Effective date. This Act takes effect upon | 2 |
| becoming law.
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