| ||||
| Public Act 097-1080 | ||||
| ||||
| ||||
AN ACT concerning transportation.
| ||||
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
(or as part of service to | ||||
cities in
adjacent
states), the Department is authorized to | ||||
enter
into agreements with units of local government, 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, any adjacent state
(or | ||||
political subdivision,
corporation, or agency of an adjacent | ||||
state), 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;
| ||
(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 the service.
| ||
(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 is required to enter into an | ||
agreement with any carrier for the payment of railroad | ||
maintenance expenses necessary for intercity passenger | ||
service, the Department may deposit funds in an escrow account. | ||
For purposes of this subsection, an escrow account means a | ||
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 the | ||
escrow account may be withdrawn by the carrier 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 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, the remaining balance shall be deposited in the State | ||
Treasury. 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. | ||
(Source: P.A. 94-807, eff. 5-26-06.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
| ||