State of Illinois
91st General Assembly
Legislation

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91_HB0063ham003

 










                                           LRB9100535KSgcam04

 1                     AMENDMENT TO HOUSE BILL 63

 2        AMENDMENT NO.     .  Amend House Bill 63, AS AMENDED,  by
 3    replacing Sections 900, 905, and 999 with the following:

 4        "Section 900.  The State Finance Act is amended by adding
 5    Sections 5.490 and 8.36 as follows:

 6        (30 ILCS 105/5.490 new)
 7        Sec. 5.490.  The Airport Land Loan Revolving Fund.

 8        (30 ILCS 105/8.36 new)
 9        Sec.    8.36.  Airport    Land   Loan   Revolving   Fund.
10    Appropriations for loans to  units  of  local  government  or
11    public  airport authorities that currently operate an airport
12    and are in existence as of January 1, 1999 by the  Department
13    of  Transportation  pursuant  to  Section 34b of the Illinois
14    Aeronautics Act shall be payable from the Airport  Land  Loan
15    Revolving Fund.

16        Section  905.  The Illinois Aeronautics Act is amended by
17    adding Section 34b as follows:

18        (620 ILCS 5/34b new)
19        Sec. 34b.  Airport land loan revolving fund.
 
                            -2-            LRB9100535KSgcam04
 1        (a)  The Department may make  loans  to  units  of  local
 2    government   or  public  airport  authorities  who  currently
 3    operate an airport and are in existence as of January 1, 1999
 4    for the purchase of any real estate interests within a radius
 5    of one-half mile to an existing airport as may be needed  for
 6    essential  airport  purposes,  including  future  needs.  The
 7    loans are payable from the Airport Land Loan Revolving  Fund,
 8    subject  to  appropriation.   All  repayments  of  loans made
 9    pursuant to this  Section,  including  interest  thereon  and
10    penalties,  shall  be  deposited  in  the  Airport  Land Loan
11    Revolving Fund.  The Treasurer shall deposit  all  investment
12    earnings  arising  from  balances  in  the  Airport Land Loan
13    Revolving Fund in that Fund.
14        (b)  All loans  under  this  Section  shall  be  made  by
15    contract  between  the  Department  and  the  unit  of  local
16    government  or  the  public airport authority, which contract
17    shall include the following provisions:
18             (1)  The annual rate of interest shall be 2  percent
19        below  the  Prime  Rate charged by banks, as published by
20        the Federal Reserve, in effect at the time the Department
21        approves the loan, but in no  event  shall  less  than  2
22        percent be charged.
23             (2)  The  term  of  any  loan  shall not exceed five
24        years.
25             (3)  Loan  payments  shall  be  scheduled  in  equal
26        amounts for the periods determined under paragraph (4) of
27        this Section.  The loan payments shall be  calculated  so
28        that  the  loan  is  completely repaid, with interest, on
29        outstanding balances, by the end of the  term  determined
30        under  paragraph  (2) of this Section.  There shall be no
31        penalty for prepayment of the loan.
32             (4)  The period of loan payments  shall  be  annual,
33        unless by mutual agreement a period of less than one year
34        is chosen.
 
                            -3-            LRB9100535KSgcam04
 1             (5)  The   loan  shall  be  secured  with  the  land
 2        purchased, in whole  or  in  part.   The  unit  of  local
 3        government  or  public  airport  authority shall assign a
 4        first priority lien in the property to the State.
 5             (6)  If the loan payment is not made within 15  days
 6        after  the  scheduled date determined under paragraph (3)
 7        of this Section, a penalty of 10% of the payment shall be
 8        assessed.  If 30 days after the scheduled payment date no
 9        payment has been received, the loan shall  be  considered
10        in default.
11             (7)  As soon as a loan is considered in default, the
12        Department  shall  notify the unit of local government or
13        the public airport authority and attempt to enter into  a
14        renegotiation  of  the  loan payment amounts and schedule
15        determined under paragraph (3) of this  Section.   In  no
16        case  shall  the  term of the loan be extended beyond the
17        initial term  determined  under  paragraph  (2)  of  this
18        Section;  nor  shall the interest rate be lowered nor any
19        interest be forgiven.  If a renegotiation of loan payment
20        amounts and schedule  is  obtained  to  the  Department's
21        satisfaction  within  30 days of notification of default,
22        then the new  payment  schedule  shall  replace  the  one
23        determined  by paragraph (3) of this Section and shall be
24        used to measure compliance with the loan for purposes  of
25        default.  If after 30 days of notification of default the
26        Department  has  not  obtained  a  renegotiation  to  its
27        satisfaction,  the  Department  shall  declare  the  loan
28        balance  due  and  payable  immediately.   If the unit of
29        local government or the public airport  authority  cannot
30        immediately  pay  the balance of the loan, the Department
31        shall proceed to foreclose.
32        (c)  The Airport Land Loan Resolving Fund is  created  in
33    the State Treasury.
 
                            -4-            LRB9100535KSgcam04
 1        Section 999.  Effective date.  This Act takes effect upon
 2    becoming law.".

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