Full Text of HB5220 94th General Assembly
HB5220enr 94TH GENERAL ASSEMBLY
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HB5220 Enrolled |
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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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