Full Text of HB5349 103rd General Assembly
HB5349enr 103RD GENERAL ASSEMBLY | | | HB5349 Enrolled | | LRB103 37578 MXP 67704 b |
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| 1 | | AN ACT concerning State government. | 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly: | 4 | | Section 5. The Department of Transportation Law of the | 5 | | Civil Administrative Code of Illinois is amended by changing | 6 | | Section 2705-440 as follows: | 7 | | (20 ILCS 2705/2705-440) (was 20 ILCS 2705/49.25h) | 8 | | Sec. 2705-440. Intercity Rail Service. | 9 | | (a) For the purposes of providing intercity railroad | 10 | | passenger service within this State and throughout the United | 11 | | States, the Department is authorized to enter into agreements | 12 | | with any state, state agency, units of local government or | 13 | | political subdivisions, the Commuter Rail Division of the | 14 | | Regional Transportation Authority (or a public corporation on | 15 | | behalf of that Division), architecture or engineering firms, | 16 | | the National Railroad Passenger Corporation, any carrier, or | 17 | | any individual, corporation, partnership, or public or private | 18 | | entity. The cost related to such services shall be borne in | 19 | | such proportion as, by agreement or contract the parties may | 20 | | desire. | 21 | | (b) In providing any intercity railroad passenger service | 22 | | as provided in this Section, the Department shall have the | 23 | | following additional powers: |
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| 1 | | (1) to enter into trackage use agreements with rail | 2 | | carriers; | 3 | | (1.5) to freely lease or otherwise contract for any | 4 | | purpose any of the locomotives, passenger railcars, and | 5 | | other rolling stock equipment or accessions to any state | 6 | | or state agency, public or private entity, or quasi-public | 7 | | entities; | 8 | | (2) to enter into haulage agreements with rail | 9 | | carriers; | 10 | | (3) to lease or otherwise contract for use, | 11 | | maintenance, servicing, and repair of any needed | 12 | | locomotives, rolling stock, stations, or other facilities, | 13 | | the lease or contract having a term not to exceed 50 years | 14 | | (but any multi-year contract shall recite that the | 15 | | contract is subject to termination and cancellation, | 16 | | without any penalty, acceleration payment, or other | 17 | | recoupment mechanism, in any fiscal year for which the | 18 | | General Assembly fails to make an adequate appropriation | 19 | | to cover the contract obligation); | 20 | | (4) to enter into management agreements; | 21 | | (5) to include in any contract indemnification of | 22 | | carriers or other parties for any liability with regard to | 23 | | intercity railroad passenger service; | 24 | | (6) to obtain insurance for any losses or claims with | 25 | | respect to the service; | 26 | | (7) to promote the use of the service; |
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| 1 | | (8) to make grants to any body politic and corporate, | 2 | | any unit of local government, or the Commuter Rail | 3 | | Division of the Regional Transportation Authority to cover | 4 | | all or any part of any capital or operating costs of the | 5 | | service and to enter into agreements with respect to those | 6 | | grants; | 7 | | (9) to set any fares or make other regulations with | 8 | | respect to the service, consistent with any contracts for | 9 | | the service; and | 10 | | (10) to otherwise enter into any contracts necessary | 11 | | or convenient to provide rail services, operate or | 12 | | maintain locomotives, passenger railcars, and other | 13 | | rolling stock equipment or accessions, including the lease | 14 | | or use of such locomotives, railcars, equipment, or | 15 | | accessions. | 16 | | (c) All service provided under this Section shall be | 17 | | exempt from all regulations by the Illinois Commerce | 18 | | Commission (other than for safety matters). To the extent the | 19 | | service is provided by the Commuter Rail Division of the | 20 | | Regional Transportation Authority (or a public corporation on | 21 | | behalf of that Division), it shall be exempt from safety | 22 | | regulations of the Illinois Commerce Commission to the extent | 23 | | the Commuter Rail Division adopts its own safety regulations. | 24 | | (d) In connection with any powers exercised under this | 25 | | Section, the Department | 26 | | (1) shall not have the power of eminent domain; and |
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| 1 | | (2) shall not directly operate any railroad service | 2 | | with its own employees. | 3 | | (e) Any contract with the Commuter Rail Division of the | 4 | | Regional Transportation Authority (or a public corporation on | 5 | | behalf of the Division) under this Section shall provide that | 6 | | all costs in excess of revenue received by the Division | 7 | | generated from intercity rail service provided by the Division | 8 | | shall be fully borne by the Department, and no funds for | 9 | | operation of commuter rail service shall be used, directly or | 10 | | indirectly, or for any period of time, to subsidize the | 11 | | intercity rail operation. If at any time the Division does not | 12 | | have sufficient funds available to satisfy the requirements of | 13 | | this Section, the Division shall forthwith terminate the | 14 | | operation of intercity rail service. The payments made by the | 15 | | Department to the Division for the intercity rail passenger | 16 | | service shall not be made in excess of those costs or as a | 17 | | subsidy for costs of commuter rail operations. This shall not | 18 | | prevent the contract from providing for efficient coordination | 19 | | of service and facilities to promote cost effective operations | 20 | | of both intercity rail passenger service and commuter rail | 21 | | services with cost allocations as provided in this paragraph. | 22 | | (f) Whenever the Department enters into an agreement with | 23 | | any carrier , state or state agency, any public or private | 24 | | entity, or quasi-public entity for either the Department's | 25 | | payment of such railroad required maintenance expenses | 26 | | necessary for intercity passenger service or for the lease or |
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| 1 | | use of locomotives, passenger railcars, and other rolling | 2 | | stock equipment or accessions , the Department may deposit such | 3 | | required maintenance funds into an , use fees, or rental | 4 | | payments into any escrow account. Whenever the Department | 5 | | enters into an agreement with any State or State agency, any | 6 | | public or private entity or quasi-public entity for the lease, | 7 | | rental or use of locomotives, passenger railcars, and other | 8 | | rolling stock equipment or accessions, the Department may | 9 | | deposit such receipts into a separate escrow account. For | 10 | | purposes of this subsection, an escrow account means any | 11 | | fiduciary account established with (i) any banking corporation | 12 | | which is both organized under the Illinois Banking Act and | 13 | | authorized to accept and administer trusts in this State, or | 14 | | (ii) any national banking association which has its principal | 15 | | place of business in this State and which also is authorized to | 16 | | accept and administer trusts in this State. The funds in any | 17 | | required maintenance escrow account may be withdrawn by the | 18 | | carrier or entity in control of the railroad being maintained, | 19 | | only with the consent of the Department, pursuant to a written | 20 | | maintenance agreement and pursuant to a maintenance plan that | 21 | | shall be updated each year. The funds Funds in an escrow | 22 | | account holding lease payments , use fees, or rental payments | 23 | | may be withdrawn by the Department , only with the consent of | 24 | | the Midwest Fleet Pool Board and deposited into the High-Speed | 25 | | Rolling Stock Fund. to be used or expended on acquisition, | 26 | | offsets, overhaul fees, or costs of locomotives, railcars, |
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| 1 | | equipment or accessions, including any future equipment | 2 | | purchase, expenses, fees, or costs, or any other purpose | 3 | | permitted or required by the escrow agreement or any other | 4 | | agreement regarding disbursement of funds. The moneys | 5 | | deposited in the escrow accounts shall be invested and | 6 | | reinvested, pursuant to the direction of the Department, in | 7 | | bonds and other interest bearing obligations of this State, or | 8 | | in such accounts, certificates, bills, obligations, shares, | 9 | | pools or other securities as are authorized for the investment | 10 | | of public funds under the Public Funds Investment Act. Escrow | 11 | | accounts created under this subsection shall not have terms | 12 | | that exceed 20 years. At the end of the term of an escrow | 13 | | account holding lease payments, use fees, or rental payments , | 14 | | the remaining balance shall be deposited in the High-Speed | 15 | | Rail Rolling Stock Fund, a special fund that is created in the | 16 | | State Treasury. Moneys in the High-Speed Rail Rolling Stock | 17 | | Fund may be used for any purpose related to locomotives, | 18 | | passenger railcars, and other rolling stock equipment. The | 19 | | Department shall prepare a report for presentation to the | 20 | | Comptroller and the Treasurer each year that shows the amounts | 21 | | deposited and withdrawn, the purposes for withdrawal, the | 22 | | balance, and the amounts derived from investment. | 23 | | (g) Whenever the Department enters into an agreement with | 24 | | any carrier, State or State agency, any public or private | 25 | | entity, or quasi-public entity for costs related to | 26 | | procurement and maintenance of locomotives, passenger |
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| 1 | | railcars, and other rolling stock equipment or accessions, the | 2 | | Department shall deposit such receipts into the High-Speed | 3 | | Rail Rolling Stock Fund. Additionally, the Department may make | 4 | | payments into the High-Speed Rail Rolling Stock Fund for the | 5 | | State's share of the costs related to locomotives, passenger | 6 | | railcars, and other rolling stock equipment. | 7 | | (Source: P.A. 100-773, eff. 1-1-19 .) |
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