Full Text of SB2571 96th General Assembly
SB2571sam002 96TH GENERAL ASSEMBLY
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Sen. Martin A. Sandoval
Filed: 2/23/2010
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| AMENDMENT TO SENATE BILL 2571
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| AMENDMENT NO. ______. Amend Senate Bill 2571 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 1. Short title. This Act may be cited as the | 5 |
| High-Speed Rail Authority Act.
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| Section 5. Creation. The High-Speed Rail Authority is | 7 |
| created as an Illinois political subdivision, municipal | 8 |
| corporation, and unit of local government.
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| Section 10. Board; compensation. The Authority shall be | 10 |
| governed by a 9-member board of directors consisting of
members | 11 |
| appointed by the Governor, with the advice and consent of the | 12 |
| Senate, as follows:
one member from the Metro East region, one | 13 |
| member from the central Illinois region, one member from the | 14 |
| northern Illinois region outside of the collar counties (Lake, | 15 |
| McHenry, DuPage, Kane, and Will counties), 2 members from the |
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| collar counties, 2 members from suburban Cook County (outside | 2 |
| of the City of Chicago), and 2 members from the City of | 3 |
| Chicago. Each member must have experience in at least one of | 4 |
| the following areas (i) the management of large infrastructure | 5 |
| projects, (ii) finance, or (iii) the transportation industry. | 6 |
| At least 3 of the members must have technical qualifications, | 7 |
| professional standing, and demonstrated knowledge in railroad | 8 |
| transportation. The
Board members shall serve without | 9 |
| compensation, but may be
reimbursed for actual expenses | 10 |
| incurred by them in the performance of their duties. | 11 |
| Section 15. Terms, vacancies, and removal. | 12 |
| (a) Of the initial directors, 5 shall be appointed for a | 13 |
| 2-year term and 4 shall be appointed for a 4-year term. | 14 |
| Thereafter, directors shall serve for a 4-year term. Directors | 15 |
| shall hold office until their respective successors have been | 16 |
| appointed and qualified. | 17 |
| (b) A vacancy in office shall occur upon a director's | 18 |
| resignation, death, or disqualification under the laws of this | 19 |
| State or the laws of the United States.
A vacancy shall be | 20 |
| filled by the Governor for the remainder of the term. | 21 |
| Section 20. Meetings; quorum. | 22 |
| (a) As soon as practical after the effective date of this | 23 |
| Act, the Board shall organize for the transaction of business. | 24 |
| The Board may organize and conduct business when a majority of |
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| the members have been appointed. The Board shall prescribe the | 2 |
| time and place for meetings, the manner in which special | 3 |
| meetings may be called, the notice that must be given to | 4 |
| directors of any meeting of the Board, and the notice that must | 5 |
| be given to the public of meetings of the Board. The Board | 6 |
| shall promulgate the by-laws of the Authority. Five directors | 7 |
| constitute a quorum for the transaction of business. | 8 |
| (b) All substantive action of the Board shall be by | 9 |
| resolution. The concurrence of at least 5 directors is | 10 |
| necessary for the adoption of any resolution. No action may be | 11 |
| taken by the Board until at least a majority of the directors | 12 |
| have been appointed and qualified. | 13 |
| Section 25. Chairperson; officers. A chairperson shall be | 14 |
| selected from the Board members by a majority vote of the Board | 15 |
| members. The chairperson shall preside at the meetings of the | 16 |
| Board and shall be entitled to vote on all matters. The Board | 17 |
| shall select a vice-chairperson (who shall preside in the | 18 |
| chairperson's absence), and may provide for other officers of | 19 |
| the Authority as deemed to be necessary. Except as otherwise | 20 |
| provided in this Section, officers of the Authority may, but | 21 |
| need not, be directors. | 22 |
| Section 27. Conflict of interest. No member of the Board or | 23 |
| employee of the Authority may have a private financial interest | 24 |
| in or profit from any contract, work, or business of the |
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| Authority. | 2 |
| Section 30. Executive director. The Board must appoint an | 3 |
| executive director to serve as the chief administrative officer | 4 |
| of the Authority. The executive director must be a licensed | 5 |
| engineer with experience managing large infrastructure | 6 |
| projects, preferably high-speed rail projects. | 7 |
| Section 35. Powers of the Authority. The Authority has the | 8 |
| power: | 9 |
| (1) to sue and be sued; | 10 |
| (2) to plan, design, build, operate, maintain, and finance | 11 |
| new electrified track, designed primarily for trains capable of | 12 |
| traveling at speeds in excess of 150 miles per hour, for a | 13 |
| high-speed rail network; | 14 |
| (3) to enter into public-private partnerships with global | 15 |
| high-speed rail operators to design, build, operate, maintain, | 16 |
| and finance a high-speed rail network; and | 17 |
| (4) to enter into intergovernmental agreements with
the | 18 |
| State, any other state, the United States government, any | 19 |
| agency or instrumentality of the United States, any unit of | 20 |
| local government located within the territory of the Authority, | 21 |
| or any other unit of government to the extent allowed by | 22 |
| Section 10 of Article VII of the Illinois Constitution and the | 23 |
| Intergovernmental Cooperation Act for the following purposes: | 24 |
| (i) to build tracks to connect to the State's high-speed rail |
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| network, (ii) to enter into public-private partnerships to | 2 |
| design, build, operate, maintain, and finance extensions of the | 3 |
| high-speed rail network outside of the State, (iii) to develop | 4 |
| plans and to engage in ridership or revenue analysis for | 5 |
| extensions outside of the State, or (iv) for any other purpose | 6 |
| that advances the creation of a high-speed rail network that | 7 |
| serves Illinois residents.
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| Section 40. Duties of the Authority. The Authority must | 9 |
| perform the following functions: | 10 |
| (1) develop a high-speed rail system that includes O'Hare | 11 |
| Airport; | 12 |
| (2) develop a 5-year, 10-year, and 20-year plan for | 13 |
| developing a high-speed rail network; | 14 |
| (3) comply with all State and federal laws concerning labor | 15 |
| and rail safety; | 16 |
| (4) seek the advice and consultation of potential private | 17 |
| operators of a high-speed rail system, including without | 18 |
| limitation Amtrak, in the planning, designing, building, | 19 |
| operating, and maintaining of a high-speed rail system; | 20 |
| (5) engage in alternatives analysis to determine multiple | 21 |
| routes connecting O'Hare Airport, downtown Chicago, and | 22 |
| downstate Illinois during the first planning stage of the | 23 |
| high-speed rail system; | 24 |
| (6) establish a Disadvantaged Business Enterprise (DBE) | 25 |
| program; and |
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| (7) create an ethics policy for the Authority. | 2 |
| Section 45. Acceptance of grants, loans, and | 3 |
| appropriations. The Authority
has the power to apply for and | 4 |
| accept grants, loans, advances, and
appropriations from the | 5 |
| federal government, the State, any other unit of government, or | 6 |
| any other legal entity to be used for the purposes of the
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| Authority, and to enter into any agreement in relation to the | 8 |
| grants, loans,
advances, and appropriations.
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| Section 50. Existing track. The Authority has no power to | 10 |
| regulate existing track owned by railroads, except if the | 11 |
| Authority enters into a contract with a railroad providing the | 12 |
| Authority access to the track or the power to regulate the | 13 |
| track.
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| Section 55. Planning committee. A high-speed rail planning | 15 |
| committee shall advise the Authority in the development, | 16 |
| construction, and operation of a high-speed rail network. The | 17 |
| planning committee shall consist of one representative | 18 |
| designated by each of the following: the Illinois Department of | 19 |
| Transportation, Illinois Commerce Commission, Chicago | 20 |
| Transportation Authority, Regional Transportation Authority, | 21 |
| Metrolink, City of Chicago, City of Rockford, City of Kankakee, | 22 |
| City of Springfield, City of Bloomington, City of Normal, City | 23 |
| of Joliet, City of Urbana, City of Champaign, Metropolitan Pier |
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| and Exposition Authority, Illinois AFL-CIO, Federal Railroad | 2 |
| Administration, Amtrak, and each Class 1 railroad carrier | 3 |
| operating within the State. The planning committee shall meet | 4 |
| for the first time no later than 60 days after the effective | 5 |
| date of this Act. | 6 |
| Section 60. Support; procurement. The Illinois State Toll | 7 |
| Highway Authority must provide support to the Authority, | 8 |
| including without limitation financing expertise, engineering | 9 |
| expertise, procurement expertise, personnel management, and | 10 |
| any other support to assure the Authority's efficient use of | 11 |
| transportation related resources. | 12 |
| Except for the procurement of electric power, the Illinois | 13 |
| State Toll Highway Authority shall manage the procurement | 14 |
| process for the Authority.
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| Section 65. Procurement of electric power. The Illinois | 16 |
| Power Agency must procure electric power for the High-Speed | 17 |
| Rail Authority at the lowest possible cost. | 18 |
| Section 90. The Toll Highway Act is amended by changing | 19 |
| Section 16.3 as follows: | 20 |
| (605 ILCS 10/16.3)
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| Sec. 16.3. Duties. Consistent with general law, the | 22 |
| Authority shall: |
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| (a) set goals for the award of contracts to | 2 |
| disadvantaged businesses and attempt to meet the goals; | 3 |
| (b) attempt to identify disadvantaged businesses that | 4 |
| provide or have the potential to provide supplies, | 5 |
| materials, equipment, or services to the Authority; | 6 |
| (c) give disadvantaged businesses full access to the | 7 |
| Authority's contact bidding process, inform the businesses | 8 |
| about the process, offer the businesses assistance | 9 |
| concerning the process, and identify and take all | 10 |
| reasonable steps to remove barriers to the businesses' | 11 |
| participation in the process ; . | 12 |
| (d) provide support to the High-Speed Rail Authority | 13 |
| including without limitation financing expertise, | 14 |
| engineering expertise, procurement expertise, personnel | 15 |
| management, and any other support to assure the High-Speed | 16 |
| Rail Authority's efficient use of transportation related | 17 |
| resources; and | 18 |
| (e) manage the procurement process for the High-Speed | 19 |
| Rail Authority, except for the procurement of electric | 20 |
| power.
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| (Source: P.A. 94-636, eff. 8-22-05.) | 22 |
| Section 97. Severability. The provisions of this Act are | 23 |
| severable under Section 1.31 of the Statute on Statutes. | 24 |
| Section 99. Effective date. This Act takes effect upon |
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| becoming law.".
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