Full Text of HB2496 98th General Assembly
HB2496ham003 98TH GENERAL ASSEMBLY | Rep. John E. Bradley Filed: 4/12/2013
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| 1 | | AMENDMENT TO HOUSE BILL 2496
| 2 | | AMENDMENT NO. ______. Amend House Bill 2496, AS AMENDED, | 3 | | immediately above the enacting clause, by inserting the | 4 | | following:
| 5 | | "WHEREAS, The State of Illinois has a strategic interest in | 6 | | the operations of the Illinois International Port District and | 7 | | its Board, whose function is to develop the District's port and | 8 | | harbor facilities, issue construction permits, regulate the | 9 | | District's facilities and waterways, establish and operate | 10 | | foreign trade zones, and govern and administer all the District | 11 | | area within Chicago's corporate limits; and | 12 | | WHEREAS, The Illinois International Port District is a very | 13 | | significant driver of freight movement and economic activity | 14 | | throughout the State of Illinois, including the downstate | 15 | | waterways and especially the Mississippi River and the Illinois | 16 | | River; and |
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| 1 | | WHEREAS, In 2010, cargo shipments at the Port of Chicago | 2 | | directly or indirectly supported 6,930 jobs and generated | 3 | | $425,000,000 in revenue for Illinois firms, according to the | 4 | | Washington D.C.-based American Great Lakes Ports Association; | 5 | | and | 6 | | WHEREAS, The Port of Chicago links rail and trucking lines | 7 | | with barges and ships supplying the Great Lakes and nearby | 8 | | rivers and handles an estimated 26,000,000 cargo tons annually | 9 | | throughout its 1,500 acre complex on the far south side, | 10 | | according to a recent estimate by a consortium of Great Lakes | 11 | | shipping interests; and | 12 | | WHEREAS, In 1978, the Capital Development Board provided | 13 | | funds to the Illinois International Port District as authorized | 14 | | by Section 13 of the Capital Development Board Act, which | 15 | | provides for repayment by the Illinois International Port | 16 | | District using a flexible formula based on specified levels of | 17 | | revenues and profits; and | 18 | | WHEREAS, In the over 30 years since that payment from the | 19 | | Capital Development Board, the Illinois International Port | 20 | | District has never been required to make a single payment to | 21 | | the Capital Development Board because it has never reached the | 22 | | levels of revenues and profits that would require such payment; |
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| 1 | | and | 2 | | WHEREAS, The Capital Development Board annually certifies | 3 | | to the Illinois International Port District that it owes no | 4 | | payment for the year to the Capital Development Board; and | 5 | | WHEREAS, It is virtually impossible that the Illinois | 6 | | International Port District will ever reach the level of | 7 | | revenues and profits that would require it to make a payment to | 8 | | the Capital Development Board; and | 9 | | WHEREAS, In its financial statements for each year since at | 10 | | least 2005, the Capital Development Board has "reserved" the | 11 | | entire amount lent to the Illinois International Port District, | 12 | | indicating that it does not expect any payments under the loan, | 13 | | and that non-payment of the loan would not require any future | 14 | | or present cash outlay by the Capital Development Board or the | 15 | | State; and | 16 | | WHEREAS, For the reasons discussed above, the existence of | 17 | | this debt is of no value whatsoever to the State and serves | 18 | | only to limit the investment in the Port of Chicago and the | 19 | | amount of economic activity throughout Illinois water and rail | 20 | | lines; and | 21 | | WHEREAS, Official forgiveness of the obligation from the |
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| 1 | | Illinois International Port District to the Capital | 2 | | Development Board would benefit the entire State of Illinois by | 3 | | allowing greater investment in the State's waterways and | 4 | | freight facilities; therefore"; and | 5 | | by inserting Section 7 in its proper numeric sequence as | 6 | | following: | 7 | | "Section 7. The Capital Development Board Act is amended by | 8 | | changing Section 13 as follows:
| 9 | | (20 ILCS 3105/13) (from Ch. 127, par. 783)
| 10 | | Sec. 13.
The Board may provide cargo handling facilities | 11 | | and facilities
designed for the movement of cargo to or from | 12 | | cargo handling facilities for
the use of regional port | 13 | | districts. Pursuant to appropriations setting forth
specific | 14 | | projects and regional port districts, the Board shall contract
| 15 | | with the regional port district named in the Act making the
| 16 | | appropriation for cargo handling facilities. Such contract | 17 | | shall provide
that the regional port district shall remit to | 18 | | the State of Illinois an
amount equal to not more than 20%
of | 19 | | the gross receipts attributable to those facilities, and not | 20 | | less than
20% of the profit attributable to those facilities, | 21 | | whether
collected by the regional port district or through an | 22 | | operator or other
intermediary, until the full amount | 23 | | appropriated and expended by the
State of Illinois has been |
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| 1 | | remitted to the State. The exact amount of,
the manner of, the | 2 | | method of and the time for such remittances shall be
agreed | 3 | | upon by the particular port district and the Board
acting | 4 | | through its Executive Director, and such agreement may, from | 5 | | time to
time, be amended by the parties so as to alter or | 6 | | modify the amount of,
manner of, method of and time for the | 7 | | remittance, including, but not
limited to, the temporary | 8 | | forgiveness, suspension or delay of the
remittances not to | 9 | | exceed 24 months for any single suspension or delay. The
| 10 | | payback is subordinate solely to any outstanding public bond | 11 | | agreements
existing at the time of the contract and solely for | 12 | | the period of time of
the running of those bond agreements. For | 13 | | any contract entered into under this Section, if, for a period | 14 | | of 25 years, a regional port district has not been required to | 15 | | remit any amount because the regional port district has failed | 16 | | to achieve the required level of profit, then the regional port | 17 | | district shall not be required to remit any amount under the | 18 | | contract.
| 19 | | This Section shall apply to all regional port district
| 20 | | facilities to be constructed by the Board, including projects | 21 | | for which
appropriations or reappropriations have been made | 22 | | prior to June 30,
1976, and to all contracts existing prior to | 23 | | the effective date of this
amendatory Act of 1985 as well as | 24 | | contracts entered into on or after such date.
| 25 | | (Source: P.A. 84-781.)".
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