101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2981

 

Introduced , by Rep. Margo McDermed

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Illinois Highway Code. Directs various governmental bodies to prepare and submit specified reports at stated intervals. Amends the Illinois Finance Authority Act to authorize a revolving loan program and actions for the delivery of public purpose projects on behalf of units of local government. Amends the Illinois Procurement Code. Provides that the Code does not apply to certain contracts entered into on or before December 31, 2022. Amends the Illinois Income Tax Act to create a credit for railroad track maintenance. Amends the Property Tax Code. Provides that certain tax-exempt property that is leased to another party for a public purpose project shall remain exempt from taxation. Amends the Regional Transportation Authority Act. Provides that the Authority may establish a line of credit with a bank or other financial institution. Amends the Illinois Vehicle Code to remove the registration discount for electric motor vehicles. Amends the Public-Private Partnerships for Transportation Act. Provides that potential projects may not move forward if the General Assembly declares by joint resolution that the project is not in the public interest. Amends the Build Illinois Act. Repeals the Port Development Revolving Loan Program.


LRB101 11166 TAE 56404 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB2981LRB101 11166 TAE 56404 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Finance Authority Act is amended by
5changing Section 801-40 as follows:
 
6    (20 ILCS 3501/801-40)
7    Sec. 801-40. In addition to the powers otherwise authorized
8by law and in addition to the foregoing general corporate
9powers, the Authority shall also have the following additional
10specific powers to be exercised in furtherance of the purposes
11of this Act.
12    (a) The Authority shall have power (i) to accept grants,
13loans or appropriations from the federal government or the
14State, or any agency or instrumentality thereof, to be used for
15the operating expenses of the Authority, or for any purposes of
16the Authority, including the making of direct loans of such
17funds with respect to projects, and (ii) to enter into any
18agreement with the federal government or the State, or any
19agency or instrumentality thereof, in relationship to such
20grants, loans or appropriations.
21    (b) The Authority shall have power to procure and enter
22into contracts for any type of insurance and indemnity
23agreements covering loss or damage to property from any cause,

 

 

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1including loss of use and occupancy, or covering any other
2insurable risk.
3    (c) The Authority shall have the continuing power to issue
4bonds for its corporate purposes. Bonds may be issued by the
5Authority in one or more series and may provide for the payment
6of any interest deemed necessary on such bonds, of the costs of
7issuance of such bonds, of any premium on any insurance, or of
8the cost of any guarantees, letters of credit or other similar
9documents, may provide for the funding of the reserves deemed
10necessary in connection with such bonds, and may provide for
11the refunding or advance refunding of any bonds or for accounts
12deemed necessary in connection with any purpose of the
13Authority. The bonds may bear interest payable at any time or
14times and at any rate or rates, notwithstanding any other
15provision of law to the contrary, and such rate or rates may be
16established by an index or formula which may be implemented or
17established by persons appointed or retained therefor by the
18Authority, or may bear no interest or may bear interest payable
19at maturity or upon redemption prior to maturity, may bear such
20date or dates, may be payable at such time or times and at such
21place or places, may mature at any time or times not later than
2240 years from the date of issuance, may be sold at public or
23private sale at such time or times and at such price or prices,
24may be secured by such pledges, reserves, guarantees, letters
25of credit, insurance contracts or other similar credit support
26or liquidity instruments, may be executed in such manner, may

 

 

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1be subject to redemption prior to maturity, may provide for the
2registration of the bonds, and may be subject to such other
3terms and conditions all as may be provided by the resolution
4or indenture authorizing the issuance of such bonds. The holder
5or holders of any bonds issued by the Authority may bring suits
6at law or proceedings in equity to compel the performance and
7observance by any person or by the Authority or any of its
8agents or employees of any contract or covenant made with the
9holders of such bonds and to compel such person or the
10Authority and any of its agents or employees to perform any
11duties required to be performed for the benefit of the holders
12of any such bonds by the provision of the resolution
13authorizing their issuance, and to enjoin such person or the
14Authority and any of its agents or employees from taking any
15action in conflict with any such contract or covenant.
16Notwithstanding the form and tenor of any such bonds and in the
17absence of any express recital on the face thereof that it is
18non-negotiable, all such bonds shall be negotiable
19instruments. Pending the preparation and execution of any such
20bonds, temporary bonds may be issued as provided by the
21resolution. The bonds shall be sold by the Authority in such
22manner as it shall determine. The bonds may be secured as
23provided in the authorizing resolution by the receipts,
24revenues, income and other available funds of the Authority and
25by any amounts derived by the Authority from the loan agreement
26or lease agreement with respect to the project or projects; and

 

 

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1bonds may be issued as general obligations of the Authority
2payable from such revenues, funds and obligations of the
3Authority as the bond resolution shall provide, or may be
4issued as limited obligations with a claim for payment solely
5from such revenues, funds and obligations as the bond
6resolution shall provide. The Authority may grant a specific
7pledge or assignment of and lien on or security interest in
8such rights, revenues, income, or amounts and may grant a
9specific pledge or assignment of and lien on or security
10interest in any reserves, funds or accounts established in the
11resolution authorizing the issuance of bonds. Any such pledge,
12assignment, lien or security interest for the benefit of the
13holders of the Authority's bonds shall be valid and binding
14from the time the bonds are issued without any physical
15delivery or further act, and shall be valid and binding as
16against and prior to the claims of all other parties having
17claims against the Authority or any other person irrespective
18of whether the other parties have notice of the pledge,
19assignment, lien or security interest. As evidence of such
20pledge, assignment, lien and security interest, the Authority
21may execute and deliver a mortgage, trust agreement, indenture
22or security agreement or an assignment thereof. A remedy for
23any breach or default of the terms of any such agreement by the
24Authority may be by mandamus proceedings in any court of
25competent jurisdiction to compel the performance and
26compliance therewith, but the agreement may prescribe by whom

 

 

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1or on whose behalf such action may be instituted. It is
2expressly understood that the Authority may, but need not,
3acquire title to any project with respect to which it exercises
4its authority.
5    (d) With respect to the powers granted by this Act, the
6Authority may adopt rules and regulations prescribing the
7procedures by which persons may apply for assistance under this
8Act. Nothing herein shall be deemed to preclude the Authority,
9prior to the filing of any formal application, from conducting
10preliminary discussions and investigations with respect to the
11subject matter of any prospective application.
12    (e) The Authority shall have power to acquire by purchase,
13lease, gift or otherwise any property or rights therein from
14any person useful for its purposes, whether improved for the
15purposes of any prospective project, or unimproved. The
16Authority may also accept any donation of funds for its
17purposes from any such source. The Authority shall have no
18independent power of condemnation but may acquire any property
19or rights therein obtained upon condemnation by any other
20authority, governmental entity or unit of local government with
21such power.
22    (f) The Authority shall have power to develop, construct
23and improve either under its own direction, or through
24collaboration with any approved applicant, or to acquire
25through purchase or otherwise, any project, using for such
26purpose the proceeds derived from the sale of its bonds or from

 

 

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1governmental loans or grants, and to hold title in the name of
2the Authority to such projects.
3    (g) The Authority shall have power to lease pursuant to a
4lease agreement any project so developed and constructed or
5acquired to the approved tenant on such terms and conditions as
6may be appropriate to further the purposes of this Act and to
7maintain the credit of the Authority. Any such lease may
8provide for either the Authority or the approved tenant to
9assume initially, in whole or in part, the costs of
10maintenance, repair and improvements during the leasehold
11period. In no case, however, shall the total rentals from any
12project during any initial leasehold period or the total loan
13repayments to be made pursuant to any loan agreement, be less
14than an amount necessary to return over such lease or loan
15period (1) all costs incurred in connection with the
16development, construction, acquisition or improvement of the
17project and for repair, maintenance and improvements thereto
18during the period of the lease or loan; provided, however, that
19the rentals or loan repayments need not include costs met
20through the use of funds other than those obtained by the
21Authority through the issuance of its bonds or governmental
22loans; (2) a reasonable percentage additive to be agreed upon
23by the Authority and the borrower or tenant to cover a properly
24allocable portion of the Authority's general expenses,
25including, but not limited to, administrative expenses,
26salaries and general insurance, and (3) an amount sufficient to

 

 

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1pay when due all principal of, interest and premium, if any on,
2any bonds issued by the Authority with respect to the project.
3The portion of total rentals payable under clause (3) of this
4subsection (g) shall be deposited in such special accounts,
5including all sinking funds, acquisition or construction
6funds, debt service and other funds as provided by any
7resolution, mortgage or trust agreement of the Authority
8pursuant to which any bond is issued.
9    (h) The Authority has the power, upon the termination of
10any leasehold period of any project, to sell or lease for a
11further term or terms such project on such terms and conditions
12as the Authority shall deem reasonable and consistent with the
13purposes of the Act. The net proceeds from all such sales and
14the revenues or income from such leases shall be used to
15satisfy any indebtedness of the Authority with respect to such
16project and any balance may be used to pay any expenses of the
17Authority or be used for the further development, construction,
18acquisition or improvement of projects. In the event any
19project is vacated by a tenant prior to the termination of the
20initial leasehold period, the Authority shall sell or lease the
21facilities of the project on the most advantageous terms
22available. The net proceeds of any such disposition shall be
23treated in the same manner as the proceeds from sales or the
24revenues or income from leases subsequent to the termination of
25any initial leasehold period.
26    (i) The Authority shall have the power to make loans, or to

 

 

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1purchase loan participations in loans made, to persons to
2finance a project, to enter into loan agreements or agreements
3with participating lenders with respect thereto, and to accept
4guarantees from persons of its loans or the resultant evidences
5of obligations of the Authority.
6    (j) The Authority may fix, determine, charge and collect
7any premiums, fees, charges, costs and expenses, including,
8without limitation, any application fees, commitment fees,
9program fees, financing charges or publication fees from any
10person in connection with its activities under this Act.
11    (k) In addition to the funds established as provided
12herein, the Authority shall have the power to create and
13establish such reserve funds and accounts as may be necessary
14or desirable to accomplish its purposes under this Act and to
15deposit its available monies into the funds and accounts.
16    (l) At the request of the governing body of any unit of
17local government, the Authority is authorized to market such
18local government's revenue bond offerings by preparing bond
19issues for sale, advertising for sealed bids, receiving bids at
20its offices, making the award to the bidder that offers the
21most favorable terms or arranging for negotiated placements or
22underwritings of such securities. The Authority may, at its
23discretion, offer for concurrent sale the revenue bonds of
24several local governments. Sales by the Authority of revenue
25bonds under this Section shall in no way imply State guarantee
26of such debt issue. The Authority may require such financial

 

 

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1information from participating local governments as it deems
2necessary in order to carry out the purposes of this subsection
3(1).
4    (m) The Authority may make grants to any county to which
5Division 5-37 of the Counties Code is applicable to assist in
6the financing of capital development, construction and
7renovation of new or existing facilities for hospitals and
8health care facilities under that Act. Such grants may only be
9made from funds appropriated for such purposes from the Build
10Illinois Bond Fund.
11    (n) The Authority may establish an urban development action
12grant program for the purpose of assisting municipalities in
13Illinois which are experiencing severe economic distress to
14help stimulate economic development activities needed to aid in
15economic recovery. The Authority shall determine the types of
16activities and projects for which the urban development action
17grants may be used, provided that such projects and activities
18are broadly defined to include all reasonable projects and
19activities the primary objectives of which are the development
20of viable urban communities, including decent housing and a
21suitable living environment, and expansion of economic
22opportunity, principally for persons of low and moderate
23incomes. The Authority shall enter into grant agreements from
24monies appropriated for such purposes from the Build Illinois
25Bond Fund. The Authority shall monitor the use of the grants,
26and shall provide for audits of the funds as well as recovery

 

 

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1by the Authority of any funds determined to have been spent in
2violation of this subsection (n) or any rule or regulation
3promulgated hereunder. The Authority shall provide technical
4assistance with regard to the effective use of the urban
5development action grants. The Authority shall file an annual
6report to the General Assembly concerning the progress of the
7grant program.
8    (o) The Authority may establish a Housing Partnership
9Program whereby the Authority provides zero-interest loans to
10municipalities for the purpose of assisting in the financing of
11projects for the rehabilitation of affordable multi-family
12housing for low and moderate income residents. The Authority
13may provide such loans only upon a municipality's providing
14evidence that it has obtained private funding for the
15rehabilitation project. The Authority shall provide 3 State
16dollars for every 7 dollars obtained by the municipality from
17sources other than the State of Illinois. The loans shall be
18made from monies appropriated for such purpose from the Build
19Illinois Bond Fund. The total amount of loans available under
20the Housing Partnership Program shall not exceed $30,000,000.
21State loan monies under this subsection shall be used only for
22the acquisition and rehabilitation of existing buildings
23containing 4 or more dwelling units. The terms of any loan made
24by the municipality under this subsection shall require
25repayment of the loan to the municipality upon any sale or
26other transfer of the project.

 

 

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1    (p) The Authority may award grants to universities and
2research institutions, research consortiums and other
3not-for-profit entities for the purposes of: remodeling or
4otherwise physically altering existing laboratory or research
5facilities, expansion or physical additions to existing
6laboratory or research facilities, construction of new
7laboratory or research facilities or acquisition of modern
8equipment to support laboratory or research operations
9provided that such grants (i) be used solely in support of
10project and equipment acquisitions which enhance technology
11transfer, and (ii) not constitute more than 60 percent of the
12total project or acquisition cost.
13    (q) Grants may be awarded by the Authority to units of
14local government for the purpose of developing the appropriate
15infrastructure or defraying other costs to the local government
16in support of laboratory or research facilities provided that
17such grants may not exceed 40% of the cost to the unit of local
18government.
19    (r) In addition to the powers granted to the Authority
20under subsection (i), and in all cases supplemental to it, the
21Authority may establish a direct loan program to make loans to,
22or may purchase participations in loans made by participating
23lenders to, individuals, partnerships, corporations, or other
24business entities for the purpose of financing an industrial
25project, as defined in Section 801-10 of this Act. For the
26purposes of such program and not by way of limitation on any

 

 

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1other program of the Authority, including, without limitation,
2programs established under subsection (i), the Authority shall
3have the power to issue bonds, notes, or other evidences of
4indebtedness including commercial paper for purposes of
5providing a fund of capital from which it may make such loans.
6The Authority shall have the power to use any appropriations
7from the State made especially for the Authority's direct loan
8program, or moneys at any time held by the Authority under this
9Act outside the State treasury in the custody of either the
10Treasurer of the Authority or a trustee or depository appointed
11by the Authority, for additional capital to make such loans or
12purchase such loan participations, or for the purposes of
13reserve funds or pledged funds which secure the Authority's
14obligations of repayment of any bond, note or other form of
15indebtedness established for the purpose of providing capital
16for which it intends to make such loans or purchase such loan
17participations. For the purpose of obtaining such capital, the
18Authority may also enter into agreements with financial
19institutions, participating lenders, and other persons for the
20purpose of administering a loan participation program, selling
21loans or developing a secondary market for such loans or loan
22participations. Loans made under the direct loan program
23specifically established under this subsection (r), including
24loans under such program made by participating lenders in which
25the Authority purchases a participation, may be in an amount
26not to exceed $600,000 and shall be made for a portion of an

 

 

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1industrial project which does not exceed 50% of the total
2project. No loan may be made by the Authority unless approved
3by the affirmative vote of at least 8 members of the board. The
4Authority shall establish procedures and publish rules which
5shall provide for the submission, review, and analysis of each
6direct loan and loan participation application and which shall
7preserve the ability of each board member and the Executive
8Director, as applicable, to reach an individual business
9judgment regarding the propriety of each direct loan or loan
10participation. The collective discretion of the board to
11approve or disapprove each loan shall be unencumbered. The
12Authority may establish and collect such fees and charges,
13determine and enforce such terms and conditions, and charge
14such interest rates as it determines to be necessary and
15appropriate to the successful administration of the direct loan
16program, including purchasing loan participations. The
17Authority may require such interests in collateral and such
18guarantees as it determines are necessary to protect the
19Authority's interest in the repayment of the principal and
20interest of each loan and loan participation made under the
21direct loan program. The restrictions established under this
22subsection (r) shall not be applicable to any loan or loan
23participation made under subsection (i) or to any loan or loan
24participation made under any other Section of this Act.
25    (s) The Authority may guarantee private loans to third
26parties up to a specified dollar amount in order to promote

 

 

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1economic development in this State.
2    (t) The Authority may adopt rules and regulations as may be
3necessary or advisable to implement the powers conferred by
4this Act.
5    (u) The Authority shall have the power to issue bonds,
6notes or other evidences of indebtedness, which may be used to
7make loans to units of local government which are authorized to
8enter into loan agreements and other documents and to issue
9bonds, notes and other evidences of indebtedness for the
10purpose of financing the protection of storm sewer outfalls,
11the construction of adequate storm sewer outfalls, and the
12provision for flood protection of sanitary sewage treatment
13plans, in counties that have established a stormwater
14management planning committee in accordance with Section
155-1062 of the Counties Code. Any such loan shall be made by the
16Authority pursuant to the provisions of Section 820-5 to 820-60
17of this Act. The unit of local government shall pay back to the
18Authority the principal amount of the loan, plus annual
19interest as determined by the Authority. The Authority shall
20have the power, subject to appropriations by the General
21Assembly, to subsidize or buy down a portion of the interest on
22such loans, up to 4% per annum.
23    (v) The Authority may accept security interests as provided
24in Sections 11-3 and 11-3.3 of the Illinois Public Aid Code.
25    (w) Moral Obligation. In the event that the Authority
26determines that monies of the Authority will not be sufficient

 

 

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1for the payment of the principal of and interest on its bonds
2during the next State fiscal year, the Chairperson, as soon as
3practicable, shall certify to the Governor the amount required
4by the Authority to enable it to pay such principal of and
5interest on the bonds. The Governor shall submit the amount so
6certified to the General Assembly as soon as practicable, but
7no later than the end of the current State fiscal year. This
8subsection shall apply only to any bonds or notes as to which
9the Authority shall have determined, in the resolution
10authorizing the issuance of the bonds or notes, that this
11subsection shall apply. Whenever the Authority makes such a
12determination, that fact shall be plainly stated on the face of
13the bonds or notes and that fact shall also be reported to the
14Governor. In the event of a withdrawal of moneys from a reserve
15fund established with respect to any issue or issues of bonds
16of the Authority to pay principal or interest on those bonds,
17the Chairperson of the Authority, as soon as practicable, shall
18certify to the Governor the amount required to restore the
19reserve fund to the level required in the resolution or
20indenture securing those bonds. The Governor shall submit the
21amount so certified to the General Assembly as soon as
22practicable, but no later than the end of the current State
23fiscal year. The Authority shall obtain written approval from
24the Governor for any bonds and notes to be issued under this
25Section. In addition to any other bonds authorized to be issued
26under Sections 825-60, 825-65(e), 830-25 and 845-5, the

 

 

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1principal amount of Authority bonds outstanding issued under
2this Section 801-40(w) or under 20 ILCS 3850/1-80 or 30 ILCS
3360/2-6(c), which have been assumed by the Authority, shall not
4exceed $150,000,000. This subsection (w) shall in no way be
5applied to any bonds issued by the Authority on behalf of the
6Illinois Power Agency under Section 825-90 of this Act.
7    (x) The Authority may enter into agreements or contracts
8with any person necessary or appropriate to place the payment
9obligations of the Authority under any of its bonds in whole or
10in part on any interest rate basis, cash flow basis, or other
11basis desired by the Authority, including without limitation
12agreements or contracts commonly known as "interest rate swap
13agreements", "forward payment conversion agreements", and
14"futures", or agreements or contracts to exchange cash flows or
15a series of payments, or agreements or contracts, including
16without limitation agreements or contracts commonly known as
17"options", "puts", or "calls", to hedge payment, rate spread,
18or similar exposure; provided that any such agreement or
19contract shall not constitute an obligation for borrowed money
20and shall not be taken into account under Section 845-5 of this
21Act or any other debt limit of the Authority or the State of
22Illinois.
23    (y) The Authority shall publish summaries of projects and
24actions approved by the members of the Authority on its
25website. These summaries shall include, but not be limited to,
26information regarding the:

 

 

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1        (1) project;
2        (2) Board's action or actions;
3        (3) purpose of the project;
4        (4) Authority's program and contribution;
5        (5) volume cap;
6        (6) jobs retained;
7        (7) projected new jobs;
8        (8) construction jobs created;
9        (9) estimated sources and uses of funds;
10        (10) financing summary;
11        (11) project summary;
12        (12) business summary;
13        (13) ownership or economic disclosure statement;
14        (14) professional and financial information;
15        (15) service area; and
16        (16) legislative district.
17    The disclosure of information pursuant to this subsection
18shall comply with the Freedom of Information Act.
19    (z) The Authority may establish a program for the
20innovative delivery of public purpose projects on behalf of
21units of local government and school districts. The purposes of
22the program shall include delivering public purpose projects
23for better value over the useful life of the asset,
24accelerating the delivery of public purpose projects, and
25reducing long-term risk to units of local government and school
26districts. The Authority may enter into intergovernmental

 

 

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1agreements with units of local government and school districts
2to undertake public purpose projects on behalf of those units
3of local government or school districts. The Authority may
4retain financial, technical, legal, and other professional
5advisors in connection with the innovative delivery of public
6purpose projects. The Authority may procure and enter into
7development contracts with parties to deliver public purpose
8projects, including some or all of the responsibility to
9design, build, finance, operate, and maintain public purpose
10projects for the term specified in the applicable development
11contract. The Authority shall procure development contracts
12through an open and competitive procurement conducted pursuant
13to rules of the Authority and intended to achieve the purposes
14of this program. In support of public purpose projects, the
15Authority, units of local government, and school districts may
16enter into, with each other and with other parties
17participating in the public purpose projects, ground leases,
18leases, and other contracts, agreements, and instruments,
19including instruments to convey real property interests, and
20may grant and enter into liens, encumbrances, pledges,
21assignments, guarantees, and other security agreements and
22instruments. The Authority may use its other powers under this
23Act in support of public purpose projects undertaken pursuant
24to this subsection.
25    (aa) The Authority may establish an infrastructure
26revolving loan program for the purpose of financing and

 

 

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1assisting in the delivery of public purpose projects. The
2Authority may establish a special account or fund into or from
3which it shall deposit the proceeds of any appropriations from
4the State and any grants from the federal government or the
5State, or any agency or instrumentality thereof, or any other
6source for the program; deposit the proceeds derived from the
7sale of bonds or loans made to raise funds for the program;
8make loans in support of public purpose projects; deposit the
9proceeds received from repayment of loans; and pay expenses
10associated with implementation of the program. In addition to
11those other powers provided under this Act, the Authority has
12the continuing power to sell and refund bonds and to borrow to
13raise funds for the program and to issue bonds, notes, and
14other evidences of such indebtedness. The Authority may pledge
15the revenues and receipts of the special account or fund
16established for the program and grant such other specific
17pledge, assignment, lien, or security interest for the benefit
18of the holders of such bonds, notes, or other indebtedness. The
19Authority may enter into loan agreements by which it agrees to
20loan program funds for public purpose projects on terms and
21conditions determined by the Authority. The Authority may
22establish and collect such fees and charges, determine and
23enforce such terms and conditions, and charge such interest
24rates as it determines to be necessary and appropriate to the
25successful administration of the program. The moneys deposited
26into the special account or fund established for the program

 

 

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1may be used only in support of the program for so long as the
2program is established, subject to the applicable terms of any
3appropriation from the State and any grant from or agreement
4with the federal government or the State, or any agency or
5instrumentality thereof, or any other source. The Authority may
6use its other powers under this Act in support of public
7purpose projects undertaken pursuant to this subsection.
8(Source: P.A. 100-919, eff. 8-17-18.)
 
9    Section 10. The Illinois Procurement Code is amended by
10changing Section 1-10 as follows:
 
11    (30 ILCS 500/1-10)
12    Sec. 1-10. Application.
13    (a) This Code applies only to procurements for which
14bidders, offerors, potential contractors, or contractors were
15first solicited on or after July 1, 1998. This Code shall not
16be construed to affect or impair any contract, or any provision
17of a contract, entered into based on a solicitation prior to
18the implementation date of this Code as described in Article
1999, including but not limited to any covenant entered into with
20respect to any revenue bonds or similar instruments. All
21procurements for which contracts are solicited between the
22effective date of Articles 50 and 99 and July 1, 1998 shall be
23substantially in accordance with this Code and its intent.
24    (b) This Code shall apply regardless of the source of the

 

 

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1funds with which the contracts are paid, including federal
2assistance moneys. This Code shall not apply to:
3        (1) Contracts between the State and its political
4    subdivisions or other governments, or between State
5    governmental bodies, except as specifically provided in
6    this Code.
7        (2) Grants, except for the filing requirements of
8    Section 20-80.
9        (3) Purchase of care, except as provided in Section
10    5-30.6 of the Illinois Public Aid Code and this Section.
11        (4) Hiring of an individual as employee and not as an
12    independent contractor, whether pursuant to an employment
13    code or policy or by contract directly with that
14    individual.
15        (5) Collective bargaining contracts.
16        (6) Purchase of real estate, except that notice of this
17    type of contract with a value of more than $25,000 must be
18    published in the Procurement Bulletin within 10 calendar
19    days after the deed is recorded in the county of
20    jurisdiction. The notice shall identify the real estate
21    purchased, the names of all parties to the contract, the
22    value of the contract, and the effective date of the
23    contract.
24        (7) Contracts necessary to prepare for anticipated
25    litigation, enforcement actions, or investigations,
26    provided that the chief legal counsel to the Governor shall

 

 

HB2981- 22 -LRB101 11166 TAE 56404 b

1    give his or her prior approval when the procuring agency is
2    one subject to the jurisdiction of the Governor, and
3    provided that the chief legal counsel of any other
4    procuring entity subject to this Code shall give his or her
5    prior approval when the procuring entity is not one subject
6    to the jurisdiction of the Governor.
7        (8) (Blank).
8        (9) Procurement expenditures by the Illinois
9    Conservation Foundation when only private funds are used.
10        (10) (Blank).
11        (11) Public-private agreements entered into according
12    to the procurement requirements of Section 20 of the
13    Public-Private Partnerships for Transportation Act and
14    design-build agreements entered into according to the
15    procurement requirements of Section 25 of the
16    Public-Private Partnerships for Transportation Act.
17        (12) Contracts for legal, financial, and other
18    professional and artistic services entered into on or
19    before December 31, 2022 2018 by the Illinois Finance
20    Authority in which the State of Illinois is not obligated
21    and agreements and contracts authorized by subsection (z)
22    of Section 801-40 of the Illinois Finance Authority Act
23    entered into on or before December 31, 2022 by the Illinois
24    Finance Authority in which the State is not obligated. Such
25    contracts shall be awarded through a competitive process
26    authorized by the Board of the Illinois Finance Authority

 

 

HB2981- 23 -LRB101 11166 TAE 56404 b

1    and are subject to Sections 5-30, 20-160, 50-13, 50-20,
2    50-35, and 50-37 of this Code, as well as the final
3    approval by the Board of the Illinois Finance Authority of
4    the terms of the contract.
5        (13) Contracts for services, commodities, and
6    equipment to support the delivery of timely forensic
7    science services in consultation with and subject to the
8    approval of the Chief Procurement Officer as provided in
9    subsection (d) of Section 5-4-3a of the Unified Code of
10    Corrections, except for the requirements of Sections
11    20-60, 20-65, 20-70, and 20-160 and Article 50 of this
12    Code; however, the Chief Procurement Officer may, in
13    writing with justification, waive any certification
14    required under Article 50 of this Code. For any contracts
15    for services which are currently provided by members of a
16    collective bargaining agreement, the applicable terms of
17    the collective bargaining agreement concerning
18    subcontracting shall be followed.
19        On and after January 1, 2019, this paragraph (13),
20    except for this sentence, is inoperative.
21        (14) Contracts for participation expenditures required
22    by a domestic or international trade show or exhibition of
23    an exhibitor, member, or sponsor.
24        (15) Contracts with a railroad or utility that requires
25    the State to reimburse the railroad or utilities for the
26    relocation of utilities for construction or other public

 

 

HB2981- 24 -LRB101 11166 TAE 56404 b

1    purpose. Contracts included within this paragraph (15)
2    shall include, but not be limited to, those associated
3    with: relocations, crossings, installations, and
4    maintenance. For the purposes of this paragraph (15),
5    "railroad" means any form of non-highway ground
6    transportation that runs on rails or electromagnetic
7    guideways and "utility" means: (1) public utilities as
8    defined in Section 3-105 of the Public Utilities Act, (2)
9    telecommunications carriers as defined in Section 13-202
10    of the Public Utilities Act, (3) electric cooperatives as
11    defined in Section 3.4 of the Electric Supplier Act, (4)
12    telephone or telecommunications cooperatives as defined in
13    Section 13-212 of the Public Utilities Act, (5) rural water
14    or waste water systems with 10,000 connections or less, (6)
15    a holder as defined in Section 21-201 of the Public
16    Utilities Act, and (7) municipalities owning or operating
17    utility systems consisting of public utilities as that term
18    is defined in Section 11-117-2 of the Illinois Municipal
19    Code.
20        (16) Procurement expenditures necessary for the
21    Department of Public Health to provide the delivery of
22    timely newborn screening services in accordance with the
23    Newborn Metabolic Screening Act.
24        (17) (16) Procurement expenditures necessary for the
25    Department of Agriculture, the Department of Financial and
26    Professional Regulation, the Department of Human Services,

 

 

HB2981- 25 -LRB101 11166 TAE 56404 b

1    and the Department of Public Health to implement the
2    Compassionate Use of Medical Cannabis Pilot Program and
3    Opioid Alternative Pilot Program requirements and ensure
4    access to medical cannabis for patients with debilitating
5    medical conditions in accordance with the Compassionate
6    Use of Medical Cannabis Pilot Program Act.
7    Notwithstanding any other provision of law, for contracts
8entered into on or after October 1, 2017 under an exemption
9provided in any paragraph of this subsection (b), except
10paragraph (1), (2), or (5), each State agency shall post to the
11appropriate procurement bulletin the name of the contractor, a
12description of the supply or service provided, the total amount
13of the contract, the term of the contract, and the exception to
14the Code utilized. The chief procurement officer shall submit a
15report to the Governor and General Assembly no later than
16November 1 of each year that shall include, at a minimum, an
17annual summary of the monthly information reported to the chief
18procurement officer.
19    (c) This Code does not apply to the electric power
20procurement process provided for under Section 1-75 of the
21Illinois Power Agency Act and Section 16-111.5 of the Public
22Utilities Act.
23    (d) Except for Section 20-160 and Article 50 of this Code,
24and as expressly required by Section 9.1 of the Illinois
25Lottery Law, the provisions of this Code do not apply to the
26procurement process provided for under Section 9.1 of the

 

 

HB2981- 26 -LRB101 11166 TAE 56404 b

1Illinois Lottery Law.
2    (e) This Code does not apply to the process used by the
3Capital Development Board to retain a person or entity to
4assist the Capital Development Board with its duties related to
5the determination of costs of a clean coal SNG brownfield
6facility, as defined by Section 1-10 of the Illinois Power
7Agency Act, as required in subsection (h-3) of Section 9-220 of
8the Public Utilities Act, including calculating the range of
9capital costs, the range of operating and maintenance costs, or
10the sequestration costs or monitoring the construction of clean
11coal SNG brownfield facility for the full duration of
12construction.
13    (f) (Blank).
14    (g) (Blank).
15    (h) This Code does not apply to the process to procure or
16contracts entered into in accordance with Sections 11-5.2 and
1711-5.3 of the Illinois Public Aid Code.
18    (i) Each chief procurement officer may access records
19necessary to review whether a contract, purchase, or other
20expenditure is or is not subject to the provisions of this
21Code, unless such records would be subject to attorney-client
22privilege.
23    (j) This Code does not apply to the process used by the
24Capital Development Board to retain an artist or work or works
25of art as required in Section 14 of the Capital Development
26Board Act.

 

 

HB2981- 27 -LRB101 11166 TAE 56404 b

1    (k) This Code does not apply to the process to procure
2contracts, or contracts entered into, by the State Board of
3Elections or the State Electoral Board for hearing officers
4appointed pursuant to the Election Code.
5    (l) This Code does not apply to the processes used by the
6Illinois Student Assistance Commission to procure supplies and
7services paid for from the private funds of the Illinois
8Prepaid Tuition Fund. As used in this subsection (l), "private
9funds" means funds derived from deposits paid into the Illinois
10Prepaid Tuition Trust Fund and the earnings thereon.
11(Source: P.A. 99-801, eff. 1-1-17; 100-43, eff. 8-9-17;
12100-580, eff. 3-12-18; 100-757, eff. 8-10-18; 100-1114, eff.
138-28-18; revised 10-18-18.)
 
14    (30 ILCS 750/9-11 rep.)
15    Section 15. The Build Illinois Act is amended by repealing
16Section 9-11.
 
17    Section 20. The Illinois Income Tax Act is amended by
18adding Section 229 as follows:
 
19    (35 ILCS 5/229 new)
20    Sec. 229. Railroad track maintenance credit.
21    (a) For tax years ending on or after December 31, 2019, a
22taxpayer who is an eligible taxpayer under Section 45G of the
23Internal Revenue Code is entitled to a credit against the taxes

 

 

HB2981- 28 -LRB101 11166 TAE 56404 b

1imposed under subsections (a) and (b) of Section 201 of this
2Act in an amount equal to 50% of the qualified railroad track
3maintenance expenditures. For purposes of this Section,
4"qualified railroad track maintenance expenditures" means
5qualifying expenditures defined for the federal railroad track
6maintenance credit that would be allowable under section 45G of
7the Internal Revenue Code and are conducted in this State.
8    (b) If the taxpayer is a partnership or Subchapter S
9corporation, the credit is allowed to the partners or
10shareholders in accordance with the determination of income and
11distributive share of income under Sections 702 and 704 and
12Subchapter S of the Internal Revenue Code. A transfer of this
13credit may be made by the taxpayer earning the credit within
14one year after the credit is earned in accordance with rules
15adopted by the Department. The Department shall prescribe rules
16to enforce and administer provisions of this Section. If the
17amount of the credit exceeds the tax liability for the year,
18then the excess credit may be carried forward and applied to
19the tax liability of the 5 taxable years following the excess
20credit year. The credit shall be applied to the earliest year
21for which there is a tax liability. If there are credits from
22more than one tax year that are available to offset a
23liability, the earlier credit shall be applied first. In no
24event shall a credit under this Section reduce the taxpayer's
25liability to less than zero.
 

 

 

HB2981- 29 -LRB101 11166 TAE 56404 b

1    Section 25. The Property Tax Code is amended by adding
2Section 15-57 as follows:
 
3    (35 ILCS 200/15-57 new)
4    Sec. 15-57. Public purpose project property.
5Notwithstanding anything to the contrary in this Code, all
6property owned or leased by the Illinois Finance Authority, a
7unit of local government, or a school district and that is used
8and leased, pursuant to subsection (z) of Section 801-40 of the
9Illinois Finance Authority Act, for a public purpose project to
10another party whose property is not exempt shall remain exempt,
11and any leasehold interest in the property shall not be subject
12to taxation under Section 9-195 of this Code.
 
13    Section 30. The Metropolitan Transit Authority Act is
14amended by changing Section 52 as follows:
 
15    (70 ILCS 3605/52)
16    Sec. 52. Transit services for individuals with
17disabilities. Notwithstanding any law to the contrary, no later
18than 60 days following the effective date of this amendatory
19Act of the 95th General Assembly, all fixed route public
20transportation services provided by, or under grant or purchase
21of service contract of, the Board may be offered, at the
22discretion of the Board, shall be provided without charge to
23all persons with disabilities who meet the income eligibility

 

 

HB2981- 30 -LRB101 11166 TAE 56404 b

1limitation set forth in subsection (a-5) of Section 4 of the
2Senior Citizens and Persons with Disabilities Property Tax
3Relief Act, under such procedures as shall be prescribed by the
4Board. The Department on Aging shall furnish all information
5reasonably necessary to determine eligibility, including
6updated lists of individuals who are eligible for services
7without charge under this Section.
8(Source: P.A. 99-143, eff. 7-27-15.)
 
9    Section 35. The Regional Transportation Authority Act is
10amended by changing Sections 3A.16, 3B.15, and 4.04 as follows:
 
11    (70 ILCS 3615/3A.16)
12    Sec. 3A.16. Transit services for individuals with
13disabilities. Notwithstanding any law to the contrary, no later
14than 60 days following the effective date of this amendatory
15Act of the 95th General Assembly, all fixed route public
16transportation services provided by, or under grant or purchase
17of service contract of, the Suburban Bus Board may shall be
18offered, at the discretion of the Board, provided without
19charge to all persons with disabilities who meet the income
20eligibility limitation set forth in subsection (a-5) of Section
214 of the Senior Citizens and Persons with Disabilities Property
22Tax Relief Act, under such procedures as shall be prescribed by
23the Board. The Department on Aging shall furnish all
24information reasonably necessary to determine eligibility,

 

 

HB2981- 31 -LRB101 11166 TAE 56404 b

1including updated lists of individuals who are eligible for
2services without charge under this Section.
3(Source: P.A. 99-143, eff. 7-27-15.)
 
4    (70 ILCS 3615/3B.15)
5    Sec. 3B.15. Transit services for individuals with
6disabilities. Notwithstanding any law to the contrary, no later
7than 60 days following the effective date of this amendatory
8Act of the 95th General Assembly, all fixed route public
9transportation services provided by, or under grant or purchase
10of service contract of, the Commuter Rail Board may shall be
11offered, at the discretion of the Board, provided without
12charge to all persons with disabilities who meet the income
13eligibility limitation set forth in subsection (a-5) of Section
144 of the Senior Citizens and Persons with Disabilities Property
15Tax Relief Act, under such procedures as shall be prescribed by
16the Board. The Department on Aging shall furnish all
17information reasonably necessary to determine eligibility,
18including updated lists of individuals who are eligible for
19services without charge under this Section.
20(Source: P.A. 99-143, eff. 7-27-15.)
 
21    (70 ILCS 3615/4.04)  (from Ch. 111 2/3, par. 704.04)
22    Sec. 4.04. Issuance and Pledge of Bonds and Notes.
23    (a) The Authority shall have the continuing power to borrow
24money and to issue its negotiable bonds or notes as provided in

 

 

HB2981- 32 -LRB101 11166 TAE 56404 b

1this Section. Unless otherwise indicated in this Section, the
2term "notes" also includes bond anticipation notes, which are
3notes which by their terms provide for their payment from the
4proceeds of bonds thereafter to be issued. Bonds or notes of
5the Authority may be issued for any or all of the following
6purposes: to pay costs to the Authority or a Service Board of
7constructing or acquiring any public transportation facilities
8(including funds and rights relating thereto, as provided in
9Section 2.05 of this Act); to repay advances to the Authority
10or a Service Board made for such purposes; to pay other
11expenses of the Authority or a Service Board incident to or
12incurred in connection with such construction or acquisition;
13to provide funds for any transportation agency to pay principal
14of or interest or redemption premium on any bonds or notes,
15whether as such amounts become due or by earlier redemption,
16issued prior to the date of this amendatory Act by such
17transportation agency to construct or acquire public
18transportation facilities or to provide funds to purchase such
19bonds or notes; and to provide funds for any transportation
20agency to construct or acquire any public transportation
21facilities, to repay advances made for such purposes, and to
22pay other expenses incident to or incurred in connection with
23such construction or acquisition; and to provide funds for
24payment of obligations, including the funding of reserves,
25under any self-insurance plan or joint self-insurance pool or
26entity.

 

 

HB2981- 33 -LRB101 11166 TAE 56404 b

1    In addition to any other borrowing as may be authorized by
2this Section, the Authority may issue its notes, from time to
3time, in anticipation of tax receipts of the Authority or of
4other revenues or receipts of the Authority, in order to
5provide money for the Authority or the Service Boards to cover
6any cash flow deficit which the Authority or a Service Board
7anticipates incurring. Any such notes are referred to in this
8Section as "Working Cash Notes". No Working Cash Notes shall be
9issued for a term of longer than 24 months. Proceeds of Working
10Cash Notes may be used to pay day to day operating expenses of
11the Authority or the Service Boards, consisting of wages,
12salaries and fringe benefits, professional and technical
13services (including legal, audit, engineering and other
14consulting services), office rental, furniture, fixtures and
15equipment, insurance premiums, claims for self-insured amounts
16under insurance policies, public utility obligations for
17telephone, light, heat and similar items, travel expenses,
18office supplies, postage, dues, subscriptions, public hearings
19and information expenses, fuel purchases, and payments of
20grants and payments under purchase of service agreements for
21operations of transportation agencies, prior to the receipt by
22the Authority or a Service Board from time to time of funds for
23paying such expenses. In addition to any Working Cash Notes
24that the Board of the Authority may determine to issue, the
25Suburban Bus Board, the Commuter Rail Board or the Board of the
26Chicago Transit Authority may demand and direct that the

 

 

HB2981- 34 -LRB101 11166 TAE 56404 b

1Authority issue its Working Cash Notes in such amounts and
2having such maturities as the Service Board may determine.
3    Notwithstanding any other provision of this Act, any
4amounts necessary to pay principal of and interest on any
5Working Cash Notes issued at the demand and direction of a
6Service Board or any Working Cash Notes the proceeds of which
7were used for the direct benefit of a Service Board or any
8other Bonds or Notes of the Authority the proceeds of which
9were used for the direct benefit of a Service Board shall
10constitute a reduction of the amount of any other funds
11provided by the Authority to that Service Board. The Authority
12shall, after deducting any costs of issuance, tender the net
13proceeds of any Working Cash Notes issued at the demand and
14direction of a Service Board to such Service Board as soon as
15may be practicable after the proceeds are received. The
16Authority may also issue notes or bonds to pay, refund or
17redeem any of its notes and bonds, including to pay redemption
18premiums or accrued interest on such bonds or notes being
19renewed, paid or refunded, and other costs in connection
20therewith. The Authority may also utilize the proceeds of any
21such bonds or notes to pay the legal, financial, administrative
22and other expenses of such authorization, issuance, sale or
23delivery of bonds or notes or to provide or increase a debt
24service reserve fund with respect to any or all of its bonds or
25notes. The Authority may also issue and deliver its bonds or
26notes in exchange for any public transportation facilities,

 

 

HB2981- 35 -LRB101 11166 TAE 56404 b

1(including funds and rights relating thereto, as provided in
2Section 2.05 of this Act) or in exchange for outstanding bonds
3or notes of the Authority, including any accrued interest or
4redemption premium thereon, without advertising or submitting
5such notes or bonds for public bidding.
6    (b) The ordinance providing for the issuance of any such
7bonds or notes shall fix the date or dates of maturity, the
8dates on which interest is payable, any sinking fund account or
9reserve fund account provisions and all other details of such
10bonds or notes and may provide for such covenants or agreements
11necessary or desirable with regard to the issue, sale and
12security of such bonds or notes. The rate or rates of interest
13on its bonds or notes may be fixed or variable and the
14Authority shall determine or provide for the determination of
15the rate or rates of interest of its bonds or notes issued
16under this Act in an ordinance adopted by the Authority prior
17to the issuance thereof, none of which rates of interest shall
18exceed that permitted in the Bond Authorization Act. Interest
19may be payable at such times as are provided for by the Board.
20Bonds and notes issued under this Section may be issued as
21serial or term obligations, shall be of such denomination or
22denominations and form, including interest coupons to be
23attached thereto, be executed in such manner, shall be payable
24at such place or places and bear such date as the Authority
25shall fix by the ordinance authorizing such bond or note and
26shall mature at such time or times, within a period not to

 

 

HB2981- 36 -LRB101 11166 TAE 56404 b

1exceed forty years from the date of issue, and may be
2redeemable prior to maturity with or without premium, at the
3option of the Authority, upon such terms and conditions as the
4Authority shall fix by the ordinance authorizing the issuance
5of such bonds or notes. No bond anticipation note or any
6renewal thereof shall mature at any time or times exceeding 5
7years from the date of the first issuance of such note. The
8Authority may provide for the registration of bonds or notes in
9the name of the owner as to the principal alone or as to both
10principal and interest, upon such terms and conditions as the
11Authority may determine. The ordinance authorizing bonds or
12notes may provide for the exchange of such bonds or notes which
13are fully registered, as to both principal and interest, with
14bonds or notes which are registerable as to principal only. All
15bonds or notes issued under this Section by the Authority other
16than those issued in exchange for property or for bonds or
17notes of the Authority shall be sold at a price which may be at
18a premium or discount but such that the interest cost
19(excluding any redemption premium) to the Authority of the
20proceeds of an issue of such bonds or notes, computed to stated
21maturity according to standard tables of bond values, shall not
22exceed that permitted in the Bond Authorization Act. The
23Authority shall notify the Governor's Office of Management and
24Budget and the State Comptroller at least 30 days before any
25bond sale and shall file with the Governor's Office of
26Management and Budget and the State Comptroller a certified

 

 

HB2981- 37 -LRB101 11166 TAE 56404 b

1copy of any ordinance authorizing the issuance of bonds at or
2before the issuance of the bonds. After December 31, 1994, any
3such bonds or notes shall be sold to the highest and best
4bidder on sealed bids as the Authority shall deem. As such
5bonds or notes are to be sold the Authority shall advertise for
6proposals to purchase the bonds or notes which advertisement
7shall be published at least once in a daily newspaper of
8general circulation published in the metropolitan region at
9least 10 days before the time set for the submission of bids.
10The Authority shall have the right to reject any or all bids.
11Notwithstanding any other provisions of this Section, Working
12Cash Notes or bonds or notes to provide funds for
13self-insurance or a joint self-insurance pool or entity may be
14sold either upon competitive bidding or by negotiated sale
15(without any requirement of publication of intention to
16negotiate the sale of such Notes), as the Board shall determine
17by ordinance adopted with the affirmative votes of at least 9
18Directors. In case any officer whose signature appears on any
19bonds, notes or coupons authorized pursuant to this Section
20shall cease to be such officer before delivery of such bonds or
21notes, such signature shall nevertheless be valid and
22sufficient for all purposes, the same as if such officer had
23remained in office until such delivery. Neither the Directors
24of the Authority nor any person executing any bonds or notes
25thereof shall be liable personally on any such bonds or notes
26or coupons by reason of the issuance thereof.

 

 

HB2981- 38 -LRB101 11166 TAE 56404 b

1    (c) All bonds or notes of the Authority issued pursuant to
2this Section shall be general obligations of the Authority to
3which shall be pledged the full faith and credit of the
4Authority, as provided in this Section. Such bonds or notes
5shall be secured as provided in the authorizing ordinance,
6which may, notwithstanding any other provision of this Act,
7include in addition to any other security, a specific pledge or
8assignment of and lien on or security interest in any or all
9tax receipts of the Authority and on any or all other revenues
10or moneys of the Authority from whatever source, which may by
11law be utilized for debt service purposes and a specific pledge
12or assignment of and lien on or security interest in any funds
13or accounts established or provided for by the ordinance of the
14Authority authorizing the issuance of such bonds or notes. Any
15such pledge, assignment, lien or security interest for the
16benefit of holders of bonds or notes of the Authority shall be
17valid and binding from the time the bonds or notes are issued
18without any physical delivery or further act and shall be valid
19and binding as against and prior to the claims of all other
20parties having claims of any kind against the Authority or any
21other person irrespective of whether such other parties have
22notice of such pledge, assignment, lien or security interest.
23The obligations of the Authority incurred pursuant to this
24Section shall be superior to and have priority over any other
25obligations of the Authority.
26    The Authority may provide in the ordinance authorizing the

 

 

HB2981- 39 -LRB101 11166 TAE 56404 b

1issuance of any bonds or notes issued pursuant to this Section
2for the creation of, deposits in, and regulation and
3disposition of sinking fund or reserve accounts relating to
4such bonds or notes. The ordinance authorizing the issuance of
5any bonds or notes pursuant to this Section may contain
6provisions as part of the contract with the holders of the
7bonds or notes, for the creation of a separate fund to provide
8for the payment of principal and interest on such bonds or
9notes and for the deposit in such fund from any or all the tax
10receipts of the Authority and from any or all such other moneys
11or revenues of the Authority from whatever source which may by
12law be utilized for debt service purposes, all as provided in
13such ordinance, of amounts to meet the debt service
14requirements on such bonds or notes, including principal and
15interest, and any sinking fund or reserve fund account
16requirements as may be provided by such ordinance, and all
17expenses incident to or in connection with such fund and
18accounts or the payment of such bonds or notes. Such ordinance
19may also provide limitations on the issuance of additional
20bonds or notes of the Authority. No such bonds or notes of the
21Authority shall constitute a debt of the State of Illinois.
22Nothing in this Act shall be construed to enable the Authority
23to impose any ad valorem tax on property.
24    (d) The ordinance of the Authority authorizing the issuance
25of any bonds or notes may provide additional security for such
26bonds or notes by providing for appointment of a corporate

 

 

HB2981- 40 -LRB101 11166 TAE 56404 b

1trustee (which may be any trust company or bank having the
2powers of a trust company within the state) with respect to
3such bonds or notes. The ordinance shall prescribe the rights,
4duties and powers of the trustee to be exercised for the
5benefit of the Authority and the protection of the holders of
6such bonds or notes. The ordinance may provide for the trustee
7to hold in trust, invest and use amounts in funds and accounts
8created as provided by the ordinance with respect to the bonds
9or notes. The ordinance may provide for the assignment and
10direct payment to the trustee of any or all amounts produced
11from the sources provided in Section 4.03 and Section 4.09 of
12this Act and provided in Section 6z-17 of "An Act in relation
13to State finance", approved June 10, 1919, as amended. Upon
14receipt of notice of any such assignment, the Department of
15Revenue and the Comptroller of the State of Illinois shall
16thereafter, notwithstanding the provisions of Section 4.03 and
17Section 4.09 of this Act and Section 6z-17 of "An Act in
18relation to State finance", approved June 10, 1919, as amended,
19provide for such assigned amounts to be paid directly to the
20trustee instead of the Authority, all in accordance with the
21terms of the ordinance making the assignment. The ordinance
22shall provide that amounts so paid to the trustee which are not
23required to be deposited, held or invested in funds and
24accounts created by the ordinance with respect to bonds or
25notes or used for paying bonds or notes to be paid by the
26trustee to the Authority.

 

 

HB2981- 41 -LRB101 11166 TAE 56404 b

1    (e) Any bonds or notes of the Authority issued pursuant to
2this Section shall constitute a contract between the Authority
3and the holders from time to time of such bonds or notes. In
4issuing any bond or note, the Authority may include in the
5ordinance authorizing such issue a covenant as part of the
6contract with the holders of the bonds or notes, that as long
7as such obligations are outstanding, it shall make such
8deposits, as provided in paragraph (c) of this Section. It may
9also so covenant that it shall impose and continue to impose
10taxes, as provided in Section 4.03 of this Act and in addition
11thereto as subsequently authorized by law, sufficient to make
12such deposits and pay the principal and interest and to meet
13other debt service requirements of such bonds or notes as they
14become due. A certified copy of the ordinance authorizing the
15issuance of any such obligations shall be filed at or prior to
16the issuance of such obligations with the Comptroller of the
17State of Illinois and the Illinois Department of Revenue.
18    (f) The State of Illinois pledges to and agrees with the
19holders of the bonds and notes of the Authority issued pursuant
20to this Section that the State will not limit or alter the
21rights and powers vested in the Authority by this Act so as to
22impair the terms of any contract made by the Authority with
23such holders or in any way impair the rights and remedies of
24such holders until such bonds and notes, together with interest
25thereon, with interest on any unpaid installments of interest,
26and all costs and expenses in connection with any action or

 

 

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1proceedings by or on behalf of such holders, are fully met and
2discharged. In addition, the State pledges to and agrees with
3the holders of the bonds and notes of the Authority issued
4pursuant to this Section that the State will not limit or alter
5the basis on which State funds are to be paid to the Authority
6as provided in this Act, or the use of such funds, so as to
7impair the terms of any such contract. The Authority is
8authorized to include these pledges and agreements of the State
9in any contract with the holders of bonds or notes issued
10pursuant to this Section.
11    (g)(1) Except as provided in subdivisions (g)(2) and (g)(3)
12of Section 4.04 of this Act, the Authority shall not at any
13time issue, sell, or deliver any bonds or notes (other than
14Working Cash Notes and lines of credit) pursuant to this
15Section 4.04 which will cause it to have issued and outstanding
16at any time in excess of $800,000,000 of such bonds and notes
17(other than Working Cash Notes and lines of credit). The
18Authority shall not issue, sell, or deliver any Working Cash
19Notes or establish a line of credit pursuant to this Section
20that will cause it to have issued and outstanding at any time
21in excess of $100,000,000. However, the Authority may issue,
22sell, and deliver additional Working Cash Notes or establish a
23line of credit before July 1, 2020 2018 that are over and above
24and in addition to the $100,000,000 authorization such that the
25outstanding amount of these additional Working Cash Notes and
26lines of credit do does not exceed at any time $300,000,000.

 

 

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1Bonds or notes which are being paid or retired by such
2issuance, sale, or delivery of bonds or notes, and bonds or
3notes for which sufficient funds have been deposited with the
4paying agency of such bonds or notes to provide for payment of
5principal and interest thereon or to provide for the redemption
6thereof, all pursuant to the ordinance authorizing the issuance
7of such bonds or notes, shall not be considered to be
8outstanding for the purposes of this subsection.
9    (2) In addition to the authority provided by paragraphs (1)
10and (3), the Authority is authorized to issue, sell and deliver
11bonds or notes for Strategic Capital Improvement Projects
12approved pursuant to Section 4.13 as follows:
13        $100,000,000 is authorized to be issued on or after
14    January 1, 1990;
15        an additional $100,000,000 is authorized to be issued
16    on or after January 1, 1991;
17        an additional $100,000,000 is authorized to be issued
18    on or after January 1, 1992;
19        an additional $100,000,000 is authorized to be issued
20    on or after January 1, 1993;
21        an additional $100,000,000 is authorized to be issued
22    on or after January 1, 1994; and
23        the aggregate total authorization of bonds and notes
24    for Strategic Capital Improvement Projects as of January 1,
25    1994, shall be $500,000,000.
26    The Authority is also authorized to issue, sell, and

 

 

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1deliver bonds or notes in such amounts as are necessary to
2provide for the refunding or advance refunding of bonds or
3notes issued for Strategic Capital Improvement Projects under
4this subdivision (g)(2), provided that no such refunding bond
5or note shall mature later than the final maturity date of the
6series of bonds or notes being refunded, and provided further
7that the debt service requirements for such refunding bonds or
8notes in the current or any future fiscal year shall not exceed
9the debt service requirements for that year on the refunded
10bonds or notes.
11    (3) In addition to the authority provided by paragraphs (1)
12and (2), the Authority is authorized to issue, sell, and
13deliver bonds or notes for Strategic Capital Improvement
14Projects approved pursuant to Section 4.13 as follows:
15        $260,000,000 is authorized to be issued on or after
16    January 1, 2000;
17        an additional $260,000,000 is authorized to be issued
18    on or after January 1, 2001;
19        an additional $260,000,000 is authorized to be issued
20    on or after January 1, 2002;
21        an additional $260,000,000 is authorized to be issued
22    on or after January 1, 2003;
23        an additional $260,000,000 is authorized to be issued
24    on or after January 1, 2004; and
25        the aggregate total authorization of bonds and notes
26    for Strategic Capital Improvement Projects pursuant to

 

 

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1    this paragraph (3) as of January 1, 2004 shall be
2    $1,300,000,000.
3    The Authority is also authorized to issue, sell, and
4deliver bonds or notes in such amounts as are necessary to
5provide for the refunding or advance refunding of bonds or
6notes issued for Strategic Capital Improvement projects under
7this subdivision (g)(3), provided that no such refunding bond
8or note shall mature later than the final maturity date of the
9series of bonds or notes being refunded, and provided further
10that the debt service requirements for such refunding bonds or
11notes in the current or any future fiscal year shall not exceed
12the debt service requirements for that year on the refunded
13bonds or notes.
14    (h) The Authority, subject to the terms of any agreements
15with noteholders or bond holders as may then exist, shall have
16power, out of any funds available therefor, to purchase notes
17or bonds of the Authority, which shall thereupon be cancelled.
18    (i) In addition to any other authority granted by law, the
19State Treasurer may, with the approval of the Governor, invest
20or reinvest, at a price not to exceed par, any State money in
21the State Treasury which is not needed for current expenditures
22due or about to become due in Working Cash Notes.
23    (j)(1) The Authority may establish a line of credit with a
24bank or other financial institution (as may be evidenced by the
25issuance of notes or other obligations), secured by and payable
26from all tax receipts of the Authority and any or all other

 

 

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1revenues or moneys of the Authority, in an amount not to exceed
2the limitations set forth in subsection (g)(1). Money so
3borrowed shall be used to provide money for the Authority or
4the Service Boards to cover any cash flow deficit which the
5Authority or a Service Board anticipates incurring, and shall
6be repaid within 24 months.
7    (2) Before establishing a line of credit under this
8Section, the Authority shall authorize the line of credit by
9ordinance. The ordinance shall set forth facts demonstrating
10the need for the line of credit, state the amount to be
11borrowed, establish a maximum interest rate limit not to exceed
12the maximum rate authorized by the Bond Authorization Act, and
13provide a date by which the borrowed funds shall be repaid. The
14ordinance shall authorize and direct the relevant officials to
15make arrangements to set apart and hold, as applicable, the
16moneys that will be used to repay the borrowing. In addition,
17the ordinance may authorize the relevant officials to make
18partial repayments on the line of credit as the moneys become
19available and may contain any other terms, restrictions, or
20limitations desirable or necessary to give effect to this
21subsection (j).
22    (3) The Authority shall notify the Governor's Office of
23Management and Budget and the State Comptroller at least 30
24days before establishing a line of credit and shall file with
25the Governor's Office of Management and Budget and the State
26Comptroller a certified copy of any ordinance authorizing the

 

 

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1establishment of a line of credit at or before establishing the
2line of credit.
3    (4) Money borrowed under a line of credit pursuant to this
4subsection (j) shall be general obligations of the Authority to
5which shall be pledged the full faith and credit of the
6Authority.
7(Source: P.A. 98-392, eff. 8-16-13; 99-238, eff. 8-3-15.)
 
8    Section 40. The Public Utilities Act is amended by adding
9Section 9-211.5 as follows:
 
10    (220 ILCS 5/9-211.5 new)
11    Sec. 9-211.5. Recovery of water and wastewater service
12revenue requirements. A public utility that provides both water
13and wastewater service may request in a general rate proceeding
14that the Commission allocate a portion of the public utility's
15water service revenue requirement for recovery through
16wastewater base rates or allocate a portion of the public
17utility's wastewater revenue requirement for recovery through
18water base rates, and, if requested, the Commission may approve
19the allocation if it can be shown to be in the public interest.
 
20    Section 45. The Illinois Highway Code is amended by adding
21Sections 4-304, 4-305, 5-111, 5-112, 6-140, 6-145, 7-302, and
227-303 as follows:
 

 

 

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1    (605 ILCS 5/4-304 new)
2    Sec. 4-304. Transportation efficiency report. Every 2
3years, the Illinois Department of Transportation shall compile
4and deliver a report on efficiencies implemented in the
5previous fiscal years in planning and project management and
6delivery, along with an explanation of the efficiencies
7employed to achieve the savings and the methodology used in the
8calculations. The level of savings achieved must equal, in
9comparison with the total State transportation construction
10budget for those years, a minimum of 5% in each fiscal year.
11The report must identify the projects that have been advanced
12or completed due to the implementation of efficiency measures.
13    The report shall be delivered to the General Assembly every
14even-numbered year by April 1, beginning April 1, 2020.
 
15    (605 ILCS 5/4-305 new)
16    Sec. 4-305. Transportation asset list. The Secretary of
17Transportation shall compile a list of assets that contains
18information on transportation assets within this State,
19including the age of each asset, the annual maintenance
20schedule, the year of last major reconstruction, and any future
21construction related to improving or enhancing the assets.
22    The Illinois Department of Transportation, Illinois State
23Toll Highway Authority, county, municipal, and township road
24districts shall use this information to better align, plan,
25design, and coordinate construction and repair of

 

 

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1transportation assets within this State.
2    The report shall be delivered to the General Assembly by
3April 1 of every year, beginning with April 1, 2020.
 
4    (605 ILCS 5/5-111 new)
5    Sec. 5-111. County efficiencies report. Every 2 years, each
6county shall compile and make public a report on efficiencies
7implemented in the previous fiscal years in planning and
8project management and delivery, along with an explanation of
9the efficiencies employed to achieve the savings and the
10methodology used in the calculations. The level of savings
11achieved must equal, in comparison with the total government
12transportation construction budget for those years, a minimum
13of 5% over those fiscal years. The report must identify the
14projects that have been advanced or completed due to the
15implementation of efficiency measures.
 
16    (605 ILCS 5/5-112 new)
17    Sec. 5-112. Transportation asset report. Every 2 years,
18each county shall compile and submit to the Department a list
19of transportation assets that includes age of each asset, the
20annual maintenance schedule, the year of last major
21reconstruction, and any future construction related to
22improving or enhancing the asset.
23    This list shall be made publicly accessible by April 1 of
24every even-numbered year, beginning with April 1, 2020.
 

 

 

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1    (605 ILCS 5/6-140 new)
2    Sec. 6-140. Townships efficiencies report. Each township
3shall compile and make public a report every 4 years on
4efficiencies implemented in the previous fiscal years in
5planning and project management and delivery, along with an
6explanation of the efficiencies employed to achieve the savings
7and the methodology used in the calculations. The level of
8savings achieved must equal, in comparison with the total
9government transportation construction budget for those years,
10a minimum of 5% over those fiscal years. The report must
11identify the projects that have been advanced or completed due
12to the implementation of efficiency measures.
13    A township is exempt from this requirement if it has
14abolished the road district of that township.
15    This report shall be made publicly accessible by April 1 of
16every fourth year, beginning April 1, 2020.
 
17    (605 ILCS 5/6-145 new)
18    Sec. 6-145. Townships transportation assets list. Every 2
19years, each township shall compile and submit to the Department
20a list of transportation assets that includes the age of the
21assets, annual maintenance schedule, year of last major
22reconstruction, and any future construction related to
23improving or enhancing the assets.
24    A township is exempt from this requirement if it has

 

 

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1abolished the road district of that township.
2    This list shall be made publicly accessible by April 1 of
3every even-numbered year, beginning April 1, 2020.
 
4    (605 ILCS 5/7-302 new)
5    Sec. 7-302. Municipalities efficiencies report. Each
6municipality shall compile and make public a report every 4
7years on efficiencies implemented in the previous fiscal years
8in planning and project management and delivery, along with an
9explanation of the efficiencies employed to achieve the savings
10and the methodology used in the calculations. The level of
11savings achieved must equal, in comparison with the total
12government transportation construction budget for those years,
13a minimum of 5% over those fiscal years. The report must
14identify the projects that have been advanced or completed due
15to the implementation of efficiency measures.
16    A municipality is exempt from this requirement if it has
17abolished the road district of that municipality.
18    This report shall be made publicly accessible by April 1 of
19every fourth year, beginning April 1, 2020.
 
20    (605 ILCS 5/7-303 new)
21    Sec. 7-303. Assets list; municipalities. Every 2 years,
22each municipality shall compile and submit to the Department a
23list of transportation assets that includes the age of the
24assets, annual maintenance schedule, year of last major

 

 

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1reconstruction, and any future construction related to
2improving or enhancing the assets.
3    A municipality is exempt from this requirement if it has
4abolished the road district of that municipality.
5    This list shall be made publicly accessible by April 1 of
6every odd-numbered year, beginning April 1, 2020.
 
7    Section 50. The Toll Highway Act is amended by adding
8Sections 23.1 and 23.2 as follows:
 
9    (605 ILCS 10/23.1 new)
10    Sec. 23.1. Authority efficiencies report. Every 2 years,
11the Authority shall compile and deliver a report on
12efficiencies implemented in the previous fiscal years in
13planning and project management and delivery, along with an
14explanation of the efficiencies employed to achieve the savings
15and the methodology used in the calculations. The level of
16savings achieved must equal, in comparison with the total State
17transportation construction budget for those years, a minimum
18of 5% in each fiscal year. The report must identify the
19projects that have been advanced or completed due to the
20implementation of efficiency measures.
21    The report shall be delivered to the General Assembly by
22April 1 of every odd-numbered year, beginning April 1, 2019.
 
23    (605 ILCS 10/23.2 new)

 

 

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1    Sec. 23.2. Authority transportation assets list. Every 2
2years, the Authority shall compile and deliver a list of
3transportation assets that includes the age of the assets,
4annual maintenance schedule, year of last major
5reconstruction, and any future construction related to
6improving or enhancing the assets.
7    The list shall be delivered to the General Assembly by
8April 1 of every odd-numbered year, beginning April 1, 2019.
 
9    Section 55. The Illinois Vehicle Code is amended by
10changing Section 3-805 as follows:
 
11    (625 ILCS 5/3-805)  (from Ch. 95 1/2, par. 3-805)
12    Sec. 3-805. Electric vehicles. The owner of a motor
13vehicle of the first division or a motor vehicle of the second
14division weighing 8,000 pounds or less propelled by an electric
15engine and not utilizing motor fuel, may register such vehicle
16for the registration period and fee for non-electric motor
17vehicles under Section 3-806 a fee not to exceed $35 for a
182-year registration period. The Secretary may, in his
19discretion, prescribe that electric vehicle registration
20plates be issued for an indefinite term, such term to
21correspond to the term of registration plates issued generally,
22as provided in Section 3-414.1. In no event may the
23registration fee for electric vehicles exceed $18 per
24registration year.

 

 

HB2981- 54 -LRB101 11166 TAE 56404 b

1(Source: P.A. 96-1135, eff. 7-21-10.)
 
2    Section 60. The Public-Private Partnerships for
3Transportation Act is amended by changing Section 15 as
4follows:
 
5    (630 ILCS 5/15)
6    Sec. 15. Formation of public-private agreements; project
7planning.
8    (a) Each transportation agency may exercise the powers
9granted by this Act to do some or all to develop, finance, and
10operate any part of one or more transportation projects through
11public-private agreements with one or more private entities,
12except for transportation projects for the Illiana Expressway
13as defined in the Public Private Agreements for the Illiana
14Expressway Act. The net proceeds, if any, arising out of a
15transportation project or public-private agreement undertaken
16by the Department pursuant to this Act shall be deposited into
17the Public-Private Partnerships for Transportation Fund. The
18net proceeds arising out of a transportation project or
19public-private agreement undertaken by the Authority pursuant
20to this Act shall be deposited into the Illinois State Toll
21Highway Authority Fund and shall be used only as authorized by
22Section 23 of the Toll Highway Act.
23    (b) The Authority shall not enter into a public-private
24agreement involving a lease or other transfer of any toll

 

 

HB2981- 55 -LRB101 11166 TAE 56404 b

1highway, or portions thereof, under the Authority's
2jurisdiction which were open to vehicular traffic on the
3effective date of this Act. The Authority shall not enter into
4a public-private agreement for the purpose of making roadway
5improvements, including but not limited to reconstruction,
6adding lanes, and adding ramps, to any toll highway, or
7portions thereof, under the Authority's jurisdiction which
8were open to vehicular traffic on the effective date of this
9Act. The Authority shall not use any revenue generated by any
10toll highway, or portions thereof, under the Authority's
11jurisdiction which were open to vehicular traffic on the
12effective date of this Act to enter into or provide funding for
13a public-private agreement. The Authority shall not use any
14asset, or the proceeds from the sale or lease of any such
15asset, which was owned by the Authority on the effective date
16of this Act to enter into or provide funding for a
17public-private agreement. The Authority may enter into a
18public-private partnership to develop, finance, and operate
19new toll highways authorized by the Governor and the General
20Assembly pursuant to Section 14.1 of the Toll Highway Act,
21non-highway transportation projects on the toll highway system
22such as commuter rail or high-speed rail lines, and intelligent
23transportation infrastructure that will enhance the safety,
24efficiency, and environmental quality of the toll highway
25system. The Authority may operate or provide operational
26services such as toll collection on highways which are

 

 

HB2981- 56 -LRB101 11166 TAE 56404 b

1developed or financed, or both, through a public-private
2agreement entered into by another public entity, under an
3agreement with the public entity or contractor responsible for
4the transportation project.
5    (c) A contractor has:
6        (1) all powers allowed by law generally to a private
7    entity having the same form of organization as the
8    contractor; and
9        (2) the power to develop, finance, and operate the
10    transportation facility and to impose user fees in
11    connection with the use of the transportation facility,
12    subject to the terms of the public-private agreement.
13    No tolls or user fees may be imposed by the contractor
14except as set forth in a public-private agreement.
15    (d) Each year, at least 30 days prior to the beginning of
16the transportation agency's fiscal year, and at other times the
17transportation agency deems necessary, the Department and the
18Authority shall submit for review to the General Assembly a
19description of potential projects that the transportation
20agency is considering undertaking under this Act. Any
21submission from the Authority shall indicate which of its
22potential projects, if any, will involve the proposer operating
23the transportation facility for a period of one year or more.
24Prior to the issuance of any request for qualifications or
25request for proposals with respect to any potential project
26undertaken by the Department or the Authority pursuant to

 

 

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1Section 20 of this Act, the project may not move forward if the
2General Assembly declares by joint resolution that the project
3is not in the public interest commencement of a procurement
4process for that particular potential project shall be
5authorized by joint resolution of the General Assembly.
6    (e) Each year, at least 30 days prior to the beginning of
7the transportation agency's fiscal year, the transportation
8agency shall submit a description of potential projects that
9the transportation agency is considering undertaking under
10this Act to each county, municipality, and metropolitan
11planning organization, with respect to each project located
12within its boundaries.
13    (f) Any project undertaken under this Act shall be subject
14to all applicable planning requirements otherwise required by
15law, including land use planning, regional planning,
16transportation planning, and environmental compliance
17requirements.
18    (g) Any new transportation facility developed as a project
19under this Act must be consistent with the regional plan then
20in existence of any metropolitan planning organization in whose
21boundaries the project is located.
22    (h) The transportation agency shall hold one or more public
23hearings within 30 days of each of its submittals to the
24General Assembly under subsection (d) of this Section. These
25public hearings shall address potential projects that the
26transportation agency submitted to the General Assembly for

 

 

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1review under subsection (d). The transportation agency shall
2publish a notice of the hearing or hearings at least 7 days
3before a hearing takes place, and shall include the following
4in the notice: (i) the date, time, and place of the hearing and
5the address of the transportation agency; (ii) a brief
6description of the potential projects that the transportation
7agency is considering undertaking; and (iii) a statement that
8the public may comment on the potential projects.
9(Source: P.A. 97-502, eff. 8-23-11; 97-858, eff. 7-27-12.)

 

 

HB2981- 59 -LRB101 11166 TAE 56404 b

1 INDEX
2 Statutes amended in order of appearance
3    20 ILCS 3501/801-40
4    30 ILCS 500/1-10
5    30 ILCS 750/9-11 rep.
6    35 ILCS 5/229 new
7    35 ILCS 200/15-57 new
8    70 ILCS 3605/52
9    70 ILCS 3615/3A.16
10    70 ILCS 3615/3B.15
11    70 ILCS 3615/4.04from Ch. 111 2/3, par. 704.04
12    220 ILCS 5/9-211.5 new
13    605 ILCS 5/4-304 new
14    605 ILCS 5/4-305 new
15    605 ILCS 5/5-111 new
16    605 ILCS 5/5-112 new
17    605 ILCS 5/6-140 new
18    605 ILCS 5/6-145 new
19    605 ILCS 5/7-302 new
20    605 ILCS 5/7-303 new
21    605 ILCS 10/23.1 new
22    605 ILCS 10/23.2 new
23    625 ILCS 5/3-805from Ch. 95 1/2, par. 3-805
24    630 ILCS 5/15