98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB1295

 

Introduced , by Rep. Al Riley

 

SYNOPSIS AS INTRODUCED:
 
70 ILCS 531/2
70 ILCS 531/3

    Amends the Illinois Urban Development Authority Act. Provides that the Illinois Urban Development Authority may use funds for transportation projects. Defines "develop" or "development", "maintain" or "maintenance", "operate" or "operation", "transportation facility", and "transportation project".


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A BILL FOR

 

HB1295LRB098 07448 OMW 37516 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Urban Development Authority Act is
5amended by changing Sections 2 and 3 as follows:
 
6    (70 ILCS 531/2)
7    Sec. 2. Findings. The General Assembly hereby determines
8and declares that:
9        (1) the economic burdens resulting from involuntary
10    unemployment fall in part upon the State in the form of
11    increased need for public assistance, reduced tax
12    revenues, and increased resources devoted to crime
13    prevention and incarceration and that the unemployed
14    worker and his or her family may migrate outside the State
15    to find work and such migration will reduce the tax
16    revenues of local governments and the State of Illinois,
17    thereby endangering their financial ability to support
18    necessary governmental services for their remaining
19    inhabitants;
20        (2) the State has a responsibility to help create a
21    favorable climate for new and improved job opportunities
22    for all of its citizens, especially in areas with high
23    economic distress, by encouraging the development of

 

 

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1    commercial and service businesses and industrial and
2    manufacturing plants and creating job opportunities;
3        (3) the State has a responsibility to increase and
4    improve post-release employment opportunities for
5    ex-offenders and reduce recidivism rates through the
6    combined resources and expertise of providers of workforce
7    development, supportive services, and private enterprises;
8        (4) a lack of decent housing contributes to urban
9    blight, crime, anti-social behavior, disease, a higher
10    need for public assistance, reduced tax revenues, and the
11    migration of workers and their families away from areas
12    that fail to offer adequate, decent, affordable housing;
13        (5) decent, affordable housing is a necessary
14    ingredient of life affording each citizen basic human
15    dignity, a sense of self worth, confidence, and a firm
16    foundation upon which to build a family and educate
17    children; and
18        (6) in order to foster civic and neighborhood pride,
19    citizens require access to educational institutions,
20    recreation, parks and open spaces, entertainment and
21    sports, a reliable transportation network, cultural
22    facilities, and theaters.
23    It is hereby declared to be the policy of the State of
24Illinois, in the interest of promoting industrial, commercial,
25residential, jobs, service, transportation, and facilities,
26thereby reducing the evils attendant upon unemployment, crime,

 

 

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1and recidivism and enhancing the public health, safety, morals,
2happiness, and general welfare of this State specifically by
3making available through the Illinois Urban Development
4Authority, funds for industrial projects, commercial projects,
5transportation projects, and housing projects to a
6municipality with a municipal poverty rate greater than 3% in
7excess of the statewide average.
8(Source: P.A. 96-234, eff. 1-1-10.)
 
9    (70 ILCS 531/3)
10    Sec. 3. Definitions. The following terms, whenever used or
11referred to in this Act, shall have the following meanings,
12except in such instances where the context may clearly indicate
13otherwise:
14    "Authority" means the Illinois Urban Development Authority
15created by this Act.
16    "Board" means the Illinois Urban Development Authority
17Board of Directors.
18    "Bonds" shall include bonds, notes, or other evidence of
19indebtedness.
20    "Commercial project" means any project, including but not
21limited to one or more buildings and other structures,
22improvements, machinery, and equipment whether or not on the
23same site or sites now existing or hereafter acquired, suitable
24for use by any retail or wholesale concern, distributorship, or
25agency, any cultural facilities of a for-profit or

 

 

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1not-for-profit type including but not limited to educational,
2theatrical, recreational and entertainment, sports facilities,
3racetracks, stadiums, convention centers, exhibition halls,
4arenas, opera houses and theaters, waterfront improvements,
5swimming pools, boat storage, moorage, docking facilities,
6restaurants, coliseums, sports training facilities, parking
7facilities, terminals, hotels and motels, gymnasiums, medical
8facilities, and port facilities.
9    "Costs incurred in connection with the development,
10construction, acquisition, or improvement of a project" means
11the cost of purchase and construction of all lands and
12improvements in connection with a project and equipment and
13other property, rights, easements, and franchises acquired
14that are deemed necessary for such construction; financing
15charges; interest costs with respect to bonds, notes, and other
16evidences of indebtedness of the Authority prior to and during
17construction and for a period of 6 months thereafter;
18engineering and legal expenses; the costs of plans,
19specifications, surveys, and estimates of costs and other
20expenses necessary or incident to determining the feasibility
21or practicability of any project, together with such other
22expenses as may be necessary or incident to the financing,
23insuring, acquisition, and construction of a specific project
24and the placing of the same in operation.
25    "Develop" or "development" means to do one or more of the
26following: plan, design, develop, lease, acquire, install,

 

 

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1construct, reconstruct, rehabilitate, extend, or expand.
2    "Financial aid" means the expenditure of Authority funds or
3funds provided by the Authority through the issuance of its
4revenue bonds, notes, or other evidences of indebtedness for
5the development, construction, acquisition, or improvement of
6a project.
7    "Governmental agency" means any federal, State or local
8governmental body, and any agency or instrumentality thereof,
9corporate or otherwise.
10    "Governor" means the Governor of the State of Illinois.
11    "Housing project" or "residential project" includes a
12specific work or improvement undertaken to provide dwelling
13accommodations, including the acquisition, construction,
14leasing, or rehabilitation of lands, buildings, and community
15facilities and in connection therewith to provide nonhousing
16facilities which are an integral part of a planned large-scale
17project or new community.
18    "Industrial project" means (1) a capital project,
19including one or more buildings and other structures,
20improvements, machinery, and equipment whether or not on the
21same site or sites now existing or hereafter acquired, suitable
22for use by any manufacturing, industrial, research,
23transportation, or commercial enterprise including but not
24limited to use as a factory, mill, processing plant, assembly
25plant, packaging plant, fabricating plant, office building,
26industrial distribution center, warehouse, repair, overhaul or

 

 

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1service facility, freight terminal, research facility, test
2facility, railroad facility, solid waste and wastewater
3treatment and disposal sites and other pollution control
4facilities, resource or waste reduction, recovery, treatment
5and disposal facilities, and including also the sites thereof
6and other rights in land therefor whether improved or
7unimproved, site preparation and landscaping and all
8appurtenances and facilities incidental thereto such as
9utilities, access roads, railroad sidings, truck docking and
10similar facilities, parking facilities, dockage, wharfage,
11railroad roadbed, track, trestle, depot, terminal, switching,
12and signaling equipment or related equipment and other
13improvements necessary or convenient thereto; or (2) any land,
14buildings, machinery or equipment comprising an addition to or
15renovation, rehabilitation or improvement of any existing
16capital project.
17    "Lease agreement" means an agreement whereby a project
18acquired by the Authority by purchase, gift, or lease is leased
19to any person or corporation that will use or cause the project
20to be used as a project as defined in this Act upon terms
21providing for lease rental payments at least sufficient to pay
22when due all principal of and interest and premium, if any, on
23any bonds, notes or other evidences of indebtedness of the
24Authority issued with respect to such project, providing for
25the maintenance, insurance, and operation of the project on
26terms satisfactory to the Authority, and providing for

 

 

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1disposition of the project upon termination of the lease term,
2including purchase options or abandonment of the premises, with
3such other terms as may be deemed desirable by the Authority.
4The Authority may, directly or indirectly, lease or otherwise
5transfer property the Authority owns to another and such leased
6property shall remain tax exempt.
7    "Loan agreement" means any agreement pursuant to which the
8Authority agrees to loan the proceeds of its bonds, notes, or
9other evidences of indebtedness issued with respect to a
10project to any person or corporation that will use or cause the
11project to be used as a project as defined in this Act upon
12terms providing for loan repayment installments at least
13sufficient to pay when due all principal and interest and
14premium, if any, on any bonds, notes, or other evidences of
15indebtedness of the Authority issued with respect to the
16project, providing for maintenance, insurance, and operation
17of the project on terms satisfactory to the Authority and
18providing for other matters as may be deemed advisable by the
19Authority.
20    "Maintain" or "maintenance" includes ordinary maintenance,
21repair, rehabilitation, capital maintenance, maintenance
22replacement, and any other categories of maintenance that may
23be designated by the local, regional, or State transportation
24agency.
25    "Municipal poverty rate" is the percentage of total
26population of the municipality having income levels below the

 

 

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1poverty level as determined by the Authority based upon the
2most recent data released by the United States Census Bureau
3before the beginning of such calendar year.
4    "Occupational license" means a license issued by the
5Illinois Gaming Board to a person or entity to perform an
6occupation which the Illinois Gaming Board has identified as
7requiring a license to engage in riverboat, dockside, or
8land-based gambling in Illinois.
9    "Operate" or "operation" means to do one or more of the
10following: maintain, improve, equip, modify, or otherwise
11operate.
12    "Person" means any natural person, firm, partnership,
13corporation, both domestic and foreign, company, association,
14or joint stock association and includes any trustee, receiver,
15assignee, or personal representative thereof.
16    "Project" means an industrial, housing, residential,
17commercial, transportation, or service project, or any
18combination thereof, provided that all uses shall fall within
19one of those categories. Any project, of any nature whatsoever,
20shall automatically include all site improvements and new
21construction involving sidewalks, sewers, solid waste and
22wastewater treatment and disposal sites and other pollution
23control facilities, resource or waste reduction, recovery,
24treatment and disposal facilities, parks, open spaces,
25wildlife sanctuaries, streets, highways, and runways.
26    "Revenue bond" means any bond issued by the Authority under

 

 

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1the supervision of the Illinois Finance Authority, the
2principal and interest of which are payable solely from
3revenues or income derived from any project or activity of the
4Authority.
5    "Transportation facility" means any new or existing road,
6highway, toll highway, bridge, tunnel, intermodal facility,
7intercity or high-speed passenger rail, or other
8transportation facility or infrastructure, excluding airports.
9The term "transportation facility" may refer to one or more
10transportation facilities that are proposed to be developed or
11operated as part of a single transportation project.
12    "Transportation project" means any or the combination of
13the development, financing, or operation with respect to all or
14a portion of any transportation facility under the jurisdiction
15of the local, regional, or State transportation agency.
16(Source: P.A. 96-234, eff. 1-1-10.)