SB2571sam003 96TH GENERAL ASSEMBLY

Sen. Martin A. Sandoval

Filed: 3/1/2010

09600SB2571sam003 LRB096 17504 RLJ 37768 a

AMENDMENT TO SENATE BILL 2571

AMENDMENT NO. ______. Amend Senate Bill 2571, AS AMENDED, by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the High-Speed Rail Authority Act.

Section 5. Creation. The High-Speed Rail Authority is created as an Illinois political subdivision, municipal corporation, and unit of local government.

Section 10. Board; compensation. The Authority shall be governed by a 9-member board of directors consisting of members appointed by the Governor, with the advice and consent of the Senate, as follows: one member from the Metro East region, one member from the central Illinois region, one member from the northern Illinois region outside of the collar counties (Lake, McHenry, DuPage, Kane, and Will counties), 2 members from the collar counties, 2 members from suburban Cook County (outside of the City of Chicago), and 2 members from the City of Chicago. Each member must have experience in at least one of the following areas (i) the management of large infrastructure projects, (ii) finance, or (iii) the transportation industry. At least 3 of the members must have technical qualifications, professional standing, and demonstrated knowledge in railroad transportation. The Board members shall serve without compensation, but may be reimbursed for actual expenses incurred by them in the performance of their duties.

Section 15. Terms, vacancies, and removal.

(a) Of the initial directors, 5 shall be appointed for a 2-year term and 4 shall be appointed for a 4-year term. Thereafter, directors shall serve for a 4-year term. Directors shall hold office until their respective successors have been appointed and qualified.

(b) A vacancy in office shall occur upon a director's resignation, death, or disqualification under the laws of this State or the laws of the United States. A vacancy shall be filled by the Governor for the remainder of the term.

Section 20. Meetings; quorum.

(a) As soon as practical after the effective date of this Act, the Board shall organize for the transaction of business. The Board may organize and conduct business when a majority of the members have been appointed. The Board shall prescribe the time and place for meetings, the manner in which special meetings may be called, the notice that must be given to directors of any meeting of the Board, and the notice that must be given to the public of meetings of the Board. The Board shall promulgate the by-laws of the Authority. Five directors constitute a quorum for the transaction of business.

(b) All substantive action of the Board shall be by resolution. The concurrence of at least 5 directors is necessary for the adoption of any resolution. No action may be taken by the Board until at least a majority of the directors have been appointed and qualified.

Section 25. Chairperson; officers. A chairperson shall be selected from the Board members by a majority vote of the Board members. The chairperson shall preside at the meetings of the Board and shall be entitled to vote on all matters. The Board shall select a vice-chairperson (who shall preside in the chairperson's absence), and may provide for other officers of the Authority as deemed to be necessary. Except as otherwise provided in this Section, officers of the Authority may, but need not, be directors.

Section 27. Conflict of interest. No member of the Board or employee of the Authority may have a private financial interest in or profit from any contract, work, or business of the Authority.

Section 30. Executive director. The Board must appoint an executive director to serve as the chief administrative officer of the Authority. The executive director must be a licensed engineer with experience managing large infrastructure projects, preferably high-speed rail projects.

Section 35. Powers of the Authority.

(a) The Authority has the power:

(1) to sue and be sued;

(2) to plan, design, build, operate, maintain, and finance new electrified track, designed primarily for trains capable of traveling at speeds in excess of 150 miles per hour, for a high-speed rail network;

(3) to enter into public-private partnerships with global high-speed rail operators to design, build, operate, maintain, and finance a high-speed rail network; and

(4) to enter into intergovernmental agreements with the State, any other state, the United States government, any agency or instrumentality of the United States, any unit of local government located within the territory of the Authority, or any other unit of government to the extent allowed by Section 10 of Article VII of the Illinois Constitution and the Intergovernmental Cooperation Act for the following purposes: (i) to build tracks to connect to the State's high-speed rail network, (ii) to enter into public-private partnerships to design, build, operate, maintain, and finance extensions of the high-speed rail network outside of the State, (iii) to develop plans and to engage in ridership or revenue analysis for extensions outside of the State, or (iv) for any other purpose that advances the creation of a high-speed rail network that serves Illinois residents.

(b) The Authority does not have the power to impose taxes.

Section 40. Duties of the Authority. The Authority must perform the following functions:

(1) develop a high-speed rail system that includes O'Hare Airport and coordinates with existing and planned intercity rail, commuter rail, intercity bus, aviation systems, and other transit systems;

(2) develop a 5-year, 10-year, and 20-year plan for developing a high-speed rail network that includes O'Hare Airport and coordinates with existing and planned intercity rail, commuter rail, intercity bus, aviation systems, and other transit systems;

(3) comply with all State and federal laws concerning labor and rail safety;

(4) seek the advice and consultation of potential private operators of a high-speed rail system, including without limitation Amtrak, in the planning, designing, building, operating, and maintaining of a high-speed rail system;

(5) engage in alternatives analysis to determine multiple routes connecting O'Hare Airport, downtown Chicago, and downstate Illinois during the first planning stage of the high-speed rail system;

(6) establish a Disadvantaged Business Enterprise (DBE) program;

(7) create an ethics policy for the Authority;

(8) require that the prevailing wage be paid by all contractors; and

(9) establish a Buy American policy.

Section 45. Acceptance of grants, loans, and appropriations. The Authority has the power to apply for and accept grants, loans, advances, and appropriations from the federal government, the State, any other unit of government, or any other legal entity to be used for the purposes of the Authority, and to enter into any agreement in relation to the grants, loans, advances, and appropriations.

Section 50. Existing track. The Authority has no power to regulate existing track owned by railroads, except if the Authority enters into a contract with a railroad providing the Authority access to the track or the power to regulate the track.

Section 55. Planning committee. A high-speed rail planning committee shall advise the Authority in the development, construction, and operation of a high-speed rail network. The planning committee shall consist of one representative designated by each of the following: the Illinois Department of Transportation, Illinois Commerce Commission, Chicago Transportation Authority, Regional Transportation Authority, Metra, Metrolink, City of Chicago, City of Rockford, City of Kankakee, City of Springfield, City of Bloomington, City of Normal, City of Joliet, City of Urbana, City of Champaign, City of Decatur, Metropolitan Pier and Exposition Authority, Illinois AFL-CIO, Federal Railroad Administration, Amtrak, and each Class 1 railroad carrier operating within the State. The planning committee shall meet for the first time no later than 60 days after the effective date of this Act.

Section 60. Support; procurement. The Illinois State Toll Highway Authority must provide support to the Authority, including without limitation financing expertise, engineering expertise, procurement expertise, personnel management, and any other support to assure the Authority's efficient use of transportation related resources. The following employees of the Illinois State Toll Highway Authority shall serve in the same capacity for the Authority until the Board, by ordinance, approves the hiring of its own personnel for the positions: the General Counsel, Chief of Finance, Chief of Administration, Chief of Engineering, Chief of Procurement, Chief of Information Technology, and General Manager of Investigations and Audit.

Except for the procurement of electric power, the Illinois State Toll Highway Authority shall manage the procurement process for the Authority.

Section 65. Procurement of electric power. The Illinois Power Agency must procure electric power for the High-Speed Rail Authority at the lowest possible cost.

Section 70. Borrowing money; revenue bonds.

(a) The Authority has the continuing power to borrow money and issue revenue bonds without referendum approval for the purposes of this Act and for acquiring necessary cash working funds. For the purpose of evidencing the obligation of the Authority to repay any money borrowed, the Authority may, by ordinances adopted by the Board from time to time, issue and dispose of its interest bearing revenue bonds, notes, or certificates and may also from time to time issue and dispose of its interest bearing revenue bonds, notes, or certificates to refund any bonds, notes, or certificates at maturity or by redemption provisions or at any time before maturity with the consent of the holders thereof.

(b) All bonds, notes, and certificates shall be payable solely from the revenues or income to be derived from the high-speed rail system; may bear any date or dates; may mature at any time or times not exceeding 40 years from their respective dates; may bear interest at any rate or rates payable semiannually; may be in any form; may carry any registration privileges; may be executed in any manner; may be payable at any place or places; may be made subject to redemption in any manner and upon any terms, with or without premium that is stated on the face thereof; may be authenticated in any manner; and may contain any terms and covenants as may be provided in the ordinance. The holder or holders of any bonds, notes, certificates, or interest coupons appertaining to the bonds, notes, and certificates issued by the Authority may bring civil actions to compel the performance and observance by the Authority or any of its officers, agents, or employees of any contract or covenant made by the Authority with the holders of those bonds, notes, certificates, or interest coupons and to compel the Authority and any of its officers, agents, or employees to perform any duties required to be performed for the benefit of the holders of any bonds, notes, certificates, or interest coupons by the provision in the ordinance authorizing their issuance, and to enjoin the Authority and any of its officers, agents, or employees from taking any action in conflict with any contract or covenant. Notwithstanding the form and tenor of any bonds, notes, or certificates and in the absence of any express recital on the face thereof that it is nonnegotiable, all bonds, notes, and certificates shall be negotiable instruments. Pending the preparation and execution of any bonds, notes, or certificates, temporary bonds, notes, or certificates may be issued with or without interest coupons as may be provided by ordinance.

(c) The bonds, notes, or certificates shall be sold by the Board in any manner that the Board shall determine, except that if issued to bear interest at the minimum rate permitted by the Bond Authorization Act, the bonds shall be sold for not less than par and accrued interest and except that the selling price of bonds bearing interest at a rate less than the maximum rate permitted in that Act shall be such that the interest cost to the Authority of the money received from the bond sale shall not exceed such maximum rate annually computed to absolute maturity of the bonds or certificates according to standard tables of bond values.

(d) From and after the issue of any bonds, notes, or certificates as provided in this Section, it shall be the duty of the Board to fix and establish rates, charges, and fees for the use of facilities acquired, constructed, reconstructed, extended, or improved with the proceeds derived from the sale of the bonds, notes, or certificates sufficient at all times with other revenues of the Authority, if any, to pay (i) the cost of maintaining, repairing, regulating, and operating the high-speed rail system and (ii) the bonds, notes, or certificates and interest thereon as they shall become due, all sinking fund requirements, and all other requirements provided by the ordinance authorizing the issuance of the bonds, notes, or certificates or as provided by any trust agreement executed to secure payment thereof.

To secure the payment of any or all of bonds, notes, or certificates and for the purpose of setting forth the covenants and undertaking of the Authority in connection with the issuance of those bonds, notes, or certificates and the issuance of any additional bonds, notes, or certificates payable from revenue income to be derived from the high-speed rail system, the Authority may execute and deliver a trust agreement or agreements. A lien upon any physical property of the Authority may be created by the trust agreement. A remedy for any breach or default of the terms of any trust agreement by the Authority may be by mandamus proceedings in the circuit court to compel performance and compliance with the agreement, but the trust agreement may prescribe by whom or on whose behalf the action may be instituted.

Section 75. Bonds not obligations of the State or Authority. Under no circumstances shall any bonds, notes, or certificates issued by the Authority or any other obligation of the Authority be or become an indebtedness or obligation of the State or of any other political subdivision of or municipality within the State, nor shall any bond, note, certificate, or obligation be or become an indebtedness of the Authority within the purview of any constitutional limitation or provision. It shall be plainly stated on the face of each bond, note, and certificate that it does not constitute an indebtedness or obligation but is payable solely from the revenues or income of the Authority.

Section 80. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.

Section 90. The Toll Highway Act is amended by changing Section 16.3 as follows:

(605 ILCS 10/16.3)

Sec. 16.3. Duties. Consistent with general law, the Authority shall:

(a) set goals for the award of contracts to disadvantaged businesses and attempt to meet the goals;

(b) attempt to identify disadvantaged businesses that provide or have the potential to provide supplies, materials, equipment, or services to the Authority;

(c) give disadvantaged businesses full access to the Authority's contact bidding process, inform the businesses about the process, offer the businesses assistance concerning the process, and identify and take all reasonable steps to remove barriers to the businesses' participation in the process; .

(d) provide support to the High-Speed Rail Authority as set forth in Section 60 of the High-Speed Rail Authority Act; and

(e) manage the procurement process for the High-Speed Rail Authority as set forth in Section 60 of the High-Speed Rail Authority Act.

(Source: P.A. 94-636, eff. 8-22-05.)

Section 99. Effective date. This Act takes effect upon becoming law.".