IL
Illinois House Bill HB5349

Illinois 2023-2024 Regular Session

Illinois House Bill HB5349 Compare Versions

OldNewDifferences
1-Public Act 103-0707
21 HB5349 EnrolledLRB103 37578 MXP 67704 b HB5349 Enrolled LRB103 37578 MXP 67704 b
32 HB5349 Enrolled LRB103 37578 MXP 67704 b
4-AN ACT concerning State government.
5-Be it enacted by the People of the State of Illinois,
6-represented in the General Assembly:
7-Section 5. The Department of Transportation Law of the
8-Civil Administrative Code of Illinois is amended by changing
9-Section 2705-440 as follows:
3+1 AN ACT concerning State government.
4+2 Be it enacted by the People of the State of Illinois,
5+3 represented in the General Assembly:
6+4 Section 5. The Department of Transportation Law of the
7+5 Civil Administrative Code of Illinois is amended by changing
8+6 Section 2705-440 as follows:
9+7 (20 ILCS 2705/2705-440) (was 20 ILCS 2705/49.25h)
10+8 Sec. 2705-440. Intercity Rail Service.
11+9 (a) For the purposes of providing intercity railroad
12+10 passenger service within this State and throughout the United
13+11 States, the Department is authorized to enter into agreements
14+12 with any state, state agency, units of local government or
15+13 political subdivisions, the Commuter Rail Division of the
16+14 Regional Transportation Authority (or a public corporation on
17+15 behalf of that Division), architecture or engineering firms,
18+16 the National Railroad Passenger Corporation, any carrier, or
19+17 any individual, corporation, partnership, or public or private
20+18 entity. The cost related to such services shall be borne in
21+19 such proportion as, by agreement or contract the parties may
22+20 desire.
23+21 (b) In providing any intercity railroad passenger service
24+22 as provided in this Section, the Department shall have the
25+23 following additional powers:
1026
1127
1228
1329 HB5349 Enrolled LRB103 37578 MXP 67704 b
30+
31+
32+HB5349 Enrolled- 2 -LRB103 37578 MXP 67704 b HB5349 Enrolled - 2 - LRB103 37578 MXP 67704 b
33+ HB5349 Enrolled - 2 - LRB103 37578 MXP 67704 b
34+1 (1) to enter into trackage use agreements with rail
35+2 carriers;
36+3 (1.5) to freely lease or otherwise contract for any
37+4 purpose any of the locomotives, passenger railcars, and
38+5 other rolling stock equipment or accessions to any state
39+6 or state agency, public or private entity, or quasi-public
40+7 entities;
41+8 (2) to enter into haulage agreements with rail
42+9 carriers;
43+10 (3) to lease or otherwise contract for use,
44+11 maintenance, servicing, and repair of any needed
45+12 locomotives, rolling stock, stations, or other facilities,
46+13 the lease or contract having a term not to exceed 50 years
47+14 (but any multi-year contract shall recite that the
48+15 contract is subject to termination and cancellation,
49+16 without any penalty, acceleration payment, or other
50+17 recoupment mechanism, in any fiscal year for which the
51+18 General Assembly fails to make an adequate appropriation
52+19 to cover the contract obligation);
53+20 (4) to enter into management agreements;
54+21 (5) to include in any contract indemnification of
55+22 carriers or other parties for any liability with regard to
56+23 intercity railroad passenger service;
57+24 (6) to obtain insurance for any losses or claims with
58+25 respect to the service;
59+26 (7) to promote the use of the service;
60+
61+
62+
63+
64+
65+ HB5349 Enrolled - 2 - LRB103 37578 MXP 67704 b
66+
67+
68+HB5349 Enrolled- 3 -LRB103 37578 MXP 67704 b HB5349 Enrolled - 3 - LRB103 37578 MXP 67704 b
69+ HB5349 Enrolled - 3 - LRB103 37578 MXP 67704 b
70+1 (8) to make grants to any body politic and corporate,
71+2 any unit of local government, or the Commuter Rail
72+3 Division of the Regional Transportation Authority to cover
73+4 all or any part of any capital or operating costs of the
74+5 service and to enter into agreements with respect to those
75+6 grants;
76+7 (9) to set any fares or make other regulations with
77+8 respect to the service, consistent with any contracts for
78+9 the service; and
79+10 (10) to otherwise enter into any contracts necessary
80+11 or convenient to provide rail services, operate or
81+12 maintain locomotives, passenger railcars, and other
82+13 rolling stock equipment or accessions, including the lease
83+14 or use of such locomotives, railcars, equipment, or
84+15 accessions.
85+16 (c) All service provided under this Section shall be
86+17 exempt from all regulations by the Illinois Commerce
87+18 Commission (other than for safety matters). To the extent the
88+19 service is provided by the Commuter Rail Division of the
89+20 Regional Transportation Authority (or a public corporation on
90+21 behalf of that Division), it shall be exempt from safety
91+22 regulations of the Illinois Commerce Commission to the extent
92+23 the Commuter Rail Division adopts its own safety regulations.
93+24 (d) In connection with any powers exercised under this
94+25 Section, the Department
95+26 (1) shall not have the power of eminent domain; and
96+
97+
98+
99+
100+
101+ HB5349 Enrolled - 3 - LRB103 37578 MXP 67704 b
102+
103+
104+HB5349 Enrolled- 4 -LRB103 37578 MXP 67704 b HB5349 Enrolled - 4 - LRB103 37578 MXP 67704 b
105+ HB5349 Enrolled - 4 - LRB103 37578 MXP 67704 b
106+1 (2) shall not directly operate any railroad service
107+2 with its own employees.
108+3 (e) Any contract with the Commuter Rail Division of the
109+4 Regional Transportation Authority (or a public corporation on
110+5 behalf of the Division) under this Section shall provide that
111+6 all costs in excess of revenue received by the Division
112+7 generated from intercity rail service provided by the Division
113+8 shall be fully borne by the Department, and no funds for
114+9 operation of commuter rail service shall be used, directly or
115+10 indirectly, or for any period of time, to subsidize the
116+11 intercity rail operation. If at any time the Division does not
117+12 have sufficient funds available to satisfy the requirements of
118+13 this Section, the Division shall forthwith terminate the
119+14 operation of intercity rail service. The payments made by the
120+15 Department to the Division for the intercity rail passenger
121+16 service shall not be made in excess of those costs or as a
122+17 subsidy for costs of commuter rail operations. This shall not
123+18 prevent the contract from providing for efficient coordination
124+19 of service and facilities to promote cost effective operations
125+20 of both intercity rail passenger service and commuter rail
126+21 services with cost allocations as provided in this paragraph.
127+22 (f) Whenever the Department enters into an agreement with
128+23 any carrier, state or state agency, any public or private
129+24 entity, or quasi-public entity for either the Department's
130+25 payment of such railroad required maintenance expenses
131+26 necessary for intercity passenger service or for the lease or
132+
133+
134+
135+
136+
137+ HB5349 Enrolled - 4 - LRB103 37578 MXP 67704 b
138+
139+
140+HB5349 Enrolled- 5 -LRB103 37578 MXP 67704 b HB5349 Enrolled - 5 - LRB103 37578 MXP 67704 b
141+ HB5349 Enrolled - 5 - LRB103 37578 MXP 67704 b
142+1 use of locomotives, passenger railcars, and other rolling
143+2 stock equipment or accessions, the Department may deposit such
144+3 required maintenance funds into an , use fees, or rental
145+4 payments into any escrow account. Whenever the Department
146+5 enters into an agreement with any State or State agency, any
147+6 public or private entity or quasi-public entity for the lease,
148+7 rental or use of locomotives, passenger railcars, and other
149+8 rolling stock equipment or accessions, the Department may
150+9 deposit such receipts into a separate escrow account. For
151+10 purposes of this subsection, an escrow account means any
152+11 fiduciary account established with (i) any banking corporation
153+12 which is both organized under the Illinois Banking Act and
154+13 authorized to accept and administer trusts in this State, or
155+14 (ii) any national banking association which has its principal
156+15 place of business in this State and which also is authorized to
157+16 accept and administer trusts in this State. The funds in any
158+17 required maintenance escrow account may be withdrawn by the
159+18 carrier or entity in control of the railroad being maintained,
160+19 only with the consent of the Department, pursuant to a written
161+20 maintenance agreement and pursuant to a maintenance plan that
162+21 shall be updated each year. The funds Funds in an escrow
163+22 account holding lease payments, use fees, or rental payments
164+23 may be withdrawn by the Department, only with the consent of
165+24 the Midwest Fleet Pool Board and deposited into the High-Speed
166+25 Rolling Stock Fund. to be used or expended on acquisition,
167+26 offsets, overhaul fees, or costs of locomotives, railcars,
168+
169+
170+
171+
172+
173+ HB5349 Enrolled - 5 - LRB103 37578 MXP 67704 b
174+
175+
176+HB5349 Enrolled- 6 -LRB103 37578 MXP 67704 b HB5349 Enrolled - 6 - LRB103 37578 MXP 67704 b
177+ HB5349 Enrolled - 6 - LRB103 37578 MXP 67704 b
178+1 equipment or accessions, including any future equipment
179+2 purchase, expenses, fees, or costs, or any other purpose
180+3 permitted or required by the escrow agreement or any other
181+4 agreement regarding disbursement of funds. The moneys
182+5 deposited in the escrow accounts shall be invested and
183+6 reinvested, pursuant to the direction of the Department, in
184+7 bonds and other interest bearing obligations of this State, or
185+8 in such accounts, certificates, bills, obligations, shares,
186+9 pools or other securities as are authorized for the investment
187+10 of public funds under the Public Funds Investment Act. Escrow
188+11 accounts created under this subsection shall not have terms
189+12 that exceed 20 years. At the end of the term of an escrow
190+13 account holding lease payments, use fees, or rental payments,
191+14 the remaining balance shall be deposited in the High-Speed
192+15 Rail Rolling Stock Fund, a special fund that is created in the
193+16 State Treasury. Moneys in the High-Speed Rail Rolling Stock
194+17 Fund may be used for any purpose related to locomotives,
195+18 passenger railcars, and other rolling stock equipment. The
196+19 Department shall prepare a report for presentation to the
197+20 Comptroller and the Treasurer each year that shows the amounts
198+21 deposited and withdrawn, the purposes for withdrawal, the
199+22 balance, and the amounts derived from investment.
200+23 (g) Whenever the Department enters into an agreement with
201+24 any carrier, State or State agency, any public or private
202+25 entity, or quasi-public entity for costs related to
203+26 procurement and maintenance of locomotives, passenger
204+
205+
206+
207+
208+
209+ HB5349 Enrolled - 6 - LRB103 37578 MXP 67704 b
210+
211+
212+HB5349 Enrolled- 7 -LRB103 37578 MXP 67704 b HB5349 Enrolled - 7 - LRB103 37578 MXP 67704 b
213+ HB5349 Enrolled - 7 - LRB103 37578 MXP 67704 b
214+
215+
216+
217+
218+
219+ HB5349 Enrolled - 7 - LRB103 37578 MXP 67704 b