March 27, 2012 
ILMPO
 
Illinois MPO Advisory Council
State Legislative Update 







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Legislative Schedule

The House and Senate have returned to Springfield for a full week of legislative action before taking a two week Easter Break.  The deadline for amendments to House bills is Tuesday, March 27 at noon.  Senate amendments had their deadline on Monday, March 26.  The deadline to move bills from 2nd Reading to 3rd Reading is Wednesday, March 28.  March 30 is the deadline for bills to move out of 3rd Reading. 

House Appropriations For Public Safety Committee

The House Appropriations for Public Safety Committee has met twice for subject matter hearings of agencies under their oversight.  This week, the Illinois Tollway Authority is scheduled to testify before the Committee. 

The Illinois Department of Transportation is not been scheduled in either the House or Senate Appropriation Committees at this time.  House Public Safety Appropriation members have asked questions regarding high salary individuals, headcount and cost saving measures taken at the agencies.   

      

In Committee This Week:  

  

HR0706- FY2013  Appropriations Committee % Allocations sponsored by Speaker Mike Madigan. The budget resolution is scheduled in the House Revenue & Finance Committee on March 27 at 4:00 p.m.  The bill establishes the percentage allocated to each House Appropriation Committee of available general revenue funds. 

 

SB2530 - Illinois Tollway Authority - Toll Increases sponsored by Senator Matt Murphy.  The bill is scheduled in the Senate Executive Committee on March 27 at 12:30 p.m.  The bill provides for the Authority to first obtain authorization by a joint resolution of the General Assembly for any toll rate increases.

 

SB3318 - Public Private - Illiana - IDOT Powers sponsored by Senator Toi Hutchinson.  The bill passed out of the Senate Transportation Committee on March 7.  A floor amendment was filed on the bill on March 7, it is scheduled in the Senate Transportation Committee on March 27 at 9:00 a.m.  

  

Synopsis:  Amends the Public Private Agreements for the Illiana Expressway Act. Removes language providing that a public private agreement includes a provision stating that, in the event the contractor finds it necessary, proper, or desirable to enter into subcontracts with one or more design build entities, then it must follow a selection process that is, to the greatest extent possible, identical to the selection process contained in the Design Build Procurement Act. The Department of Transportation may acquire property for the Illiana Expressway project using the powers granted to it in the Eminent Domain Act. Any bonds, debt, or other securities or other financing issued by or on behalf of a contractor for the purposes of a project undertaken pursuant to the Act shall not be deemed to constitute a debt of the State. Removes language providing that IDOT may not exercise the power of quick take in connection with the Illiana Expressway project.   

 

HB3859 - Muncipality/Counties - Tax Sharing sponsored by Rep. Carole Sente.  The bill is scheduled in the Revenue & Finance Committee on March 28 at 8:30 a.m.     

  

Synopsis:  Requires that retailers file with the Dept. of Revenue a return stating the amount of any retailers' occupation tax share, rebate, or refund anticipated to be received pursuant to any tax revenue sharing agreement, the governmental entity from which the rebate or refund is anticipated, whether the tax revenue sharing agreement is directly with the governmental entity or with an intermediary, and, if applicable, the identity of the intermediary through which any tax revenue sharing agreement will be administered.  

 

A county or municipality, as applicable, may enter into a tax revenue sharing agreement. Defines "tax revenue sharing agreement". Limits home rule powers. Amends the State Mandates Act to require implementation without reimbursement.    

    

BILLS WITH LEGISLATIVE ACTION  

 

Below is a listing of nearly 40 bills by topic that have progressed through the legislative cycle.  The status of the bills have been included along with a link to the legislation highlighted in green.  A synopsis has been included for a majority of the bills.  At the bottom of the list are the bills which have not made it out of the House Rules or Senate Assignments Committee.   If you have any questions, please do not hesitate to call me at 708.268.6908 or reply to this email.  

 

FINANCE AND TAX 

 

SB2514 - Road Fund - No Transfers sponsored by Senator

Pam Althoff. The bill was assigned to the Revenue Subcommittee on Special Issues on March 1.  It's companion bill is SB2549 sponsored by Senator Chris Lauzen.   

 

Synopsis:  To prevent further fund sweeps from the Motor Fuel Tax Fund, the State Construction Account, and the Road Fund.  It also would repeal authorization from the Governor to transfer moneys from the Road Fund to the State Construction Fund.  Amendment #1 was assigned to the Senate Revenue Subcommittee on Special Issues on March 1.  The Committee deadline was extended to March 30.  The amendment would delete language appropriated to the Office of Executive Inspector General.  Instead the OEIG would submit invoices to the RTA for costs incurred while serving in their capacity.    

 

SB2846 - Finance - Dissolve Funds sponsored by Senator Toi Hutchinson.  The bill passed out of the Senate Government and Veterans Affairs Committee on February 9 with unanimous support.  The bill was placed on the Calendar Order of 2nd Reading on February 22.

Synopsis:  On July 1, 2012, the State Comptroller shall direct and the State Treasurer shall transfer the remaining balances of the Energy Initiatives Revolving Fund, the Minority and Female Business Enterprise Fund, and the Paper and Printing Revolving Fund into the General Revenue Fund. Upon completion of those transfers, those funds are dissolved. The Department may recommend (now, shall be responsible for recommending) to the Governor efficiency initiatives to reorganize, restructure, and reengineer the business processes of the State.
 

SB3526 - Income Tax - Transportation sponsored by Senator Toi Hutchinson.  The bill passed out of Committee with a unanimous vote on February 8. It was placed on Calendar Order of 2nd Reading on March 21, 2012.       

  

Synopsis:  Provides for the provisions of the Act concerning the apportionment of business income of a transportation company apply to (i) income derived by the transportation company from the movement of freight or passengers by air, land, or water, (ii) income derived by the transportation company from the movement of liquid or gaseous substances, and (iii) the provision of services related to those activities.   

 

SB3216 - Transportation - Public Private Partnerships sponsored By Senator Heather Steans.  The bill passed out of the Senate Procurement Committee with a unanimous vote on March 8.  It has been placed on Calendar for 2nd Reading.  Its companion bill is HB4502, sponsored by Rep. Elaine Nekritz.   

 

Synopsis:  The bill would allow the Illinois Tollway Authority to enter into public private partnerships.  It further defines design-build agreement and short list. Amendment #1 was filed on March 22 and it has been referred to the Senate Assignments Committee.  In discussions with the IDOT Legislative Director, the bill is a clean up bill at the request of IDOT.  It also specifically states that the Illiana Expressway Project does not fall into the Public Private Parternship Act.  The amendment creates the Public Private Partnership For Transportation Fund.  

   

RAIL

 

SR0404 - Urges Congress - Fund Amtrak sponsored by Senator John Millner.  The resolution has been placed on the Calendar Order of the Secretary's Desk for Resolutions on February 8.

 

HB4022 - Trauma Programs - Rail sponsored By Rep. Elaine Nekritz.  With a unanimous vote, the bill passed out of the Transportation: Regulation,  Roads & Bridges Committee on February 28.  It has been placed on Calendar for 3rd Reading. 

 

VEHICLE CODE CHANGES

 

SB3504 - Cameras - Yellow Lights sponsored by Senator Dan Duffy.  The bill passed out of the Senate Transportation Committee on March 7 and was placed on the Calendar for 2nd Reading. 

 

SB3505 - 3 Axle Mixers - Weight sponsored by Senator John Jones.  The bill passed out of the Senate Transportation Committee on March 7 and is currently on 3rd Reading.

 

HB3849 - Texting Ban On Bicycles sponsored By Rep. Kelly Cassidy.  The House Transportation Vehicles & Safety Committee unanimously adopted Amendment #1 on February 22.  The amendment further clarifies an electrical device and instances when it is okay for a person to use an electrical device.  It is currently held on the Calendar for Second Reading.

 

HB5099 - Accidents - No Cell Phones sponsored By Rep. Jerry Costello, II.  The bill passed out of the Transportation: Vehicles & Safety Committee Hearing with a unanimous vote on February 29. After a lengthly debate on the House Floor, the bill passed with a vote count of 62 yeahs and 38 nays.  Senator William Haine is the primary sponsor in the Senate.  


Synopsis:  The bill provides that no person may use a wireless telephone while operating a motor vehicle within 500 feet of an emergency scene except for specified purposes. Adds digital photographs and video to the definition of "electronic message" in provisions prohibiting the use of electronic communication devices while operating a motor vehicle.

House Floor Amendment #1 further defines "emergency scene" as a location where an authorized emergency vehicle as defined by the Code is present and has activated its oscillating, rotating, or flashing lights.  

 

HB5863 - Work Zones - Cell Phones sponsored by Rep. Chapin Rose.  The passed out of the House Transportation Vehicles & Safety Committee on March 7.   It remains on the Calendar for 2nd Reading.  

  

Synopsis:  Provides that the special speed limit while traveling through a highway construction or maintenance speed zone applies only when workers are present in the construction or maintenance speed zone. The prohibition against use of a wireless telephone in a construction or maintenance speed zone applies only when workers are present. Exempts persons who are stopped on a highway in a construction or maintenance speed zone due to traffic congestion from the prohibitions against using a wireless telephone or electronic communication device.  

  

ILLINOIS DEPARTMENT OF TRANSPORTATION

 

SB2491 - IDOT - Disadvantaged Company Aid sponsored by Senator Mattie Hunter.  The bill passed out of the Senate Executive Committee with a vote of 9-6 on March 8.  It has been placed on the Calendar for 2nd Reading.   

 

SB2822 - IDOT Land Conveyance sponsored by Senator Darin LaHood.  The bill passed out of the Senate Transportation on February 28. It has been placed on the Calendar for 2nd Reading. 

 

SB2861 - IDOT - Railroad Escrow Account sponsored by Senator Martin Sandoval.  The bill passed out of the Senate Transportation Committee on February 7.  It is has been placed on the Calendar Order of 2nd Reading. 

 

SB3387 - IDOT Pavement Preservation sponsored by Senator Martin Sandoval.  The bill passed out of the Senate Transportation Committee hearing on March 7.  It has been placed on the Calendar for 2nd Reading. 

 

HB5180 - Projects: Public Hearing sponsored By Rep. Sid Mathias.  The bill passed out of the Transportation: Regulation, Roads & Bridges Committee hearing on March 6. It passed the House with a unanimous vote on March 22. 

 

Synopsis:  Provides that IDOT shall develop and publish a policy for the notification of members of the public prior to the commencement of construction projects which impact their communities. The policy shall include procedures 1.) for ensuring that the public is informed of construction projects, excluding emergency projects, which are estimated to require the closure of a street or lane of traffic for a period longer than 5 consecutive business days and 2.) for the notification of local public officials of affected communities and shall provide the local public officials the opportunity to request a meeting with IDOT prior to the initiation of the closure. The policy shall be completed and published on the Department's internet website by January 1, 2013. 

 

MASS TRANSIT/RTA REGION

 

HB4440 - Department of Public Health - RTA Reduced Fare Program - sponsored by Rep. Michael Zalewski.  The bill passed out of the Mass Transit Committee with unanimous support on February 22.  It also passed out of the House with unanimous support. The bill has been assigned to the Senate Assignments Committee.   

  

Synopsis:  The bill requires the Dept. of Public Health to review the list of riders that receive free or reduced fares on a monthly basis and report any discrepancies of those who are deceased to the RTA.  

 

SB2937 - Northwest Metra District sponsored by Senator Pamela Althoff.  The bill passed out of the Senate Transportation Committee on February 24 and the Senate on March 22 with a vote of 30 Yeas and 19 Nays.  Rep. Mike Tryon is the primary House sponsor. 

 

Synopsis:  Creates the Northwest Metra Commuter Rail District to include all municipalities located within McHenry County. 

 

SB3214- CTA/RTA Fuel Risk Management sponsored by Senator Susan Garrett.  The bill passed out of the Senate Transportation Committee hearing on February 29.  It has been placed on the Calendar for 3rd Reading on March 8. 

 

Synopsis:  The bill provides that the RTA or a Service Board may enter into an option contract, forward contract, futures contract, swap, cap or collar agreements with the price floors or ceilings, or both for fuel risk management purposes, subject to the approval of their respective boards.

 

HB3875 - RTA working cash notes sponsored by Rep. Marlow Colvin.  The bill passed out of the House Mass Transit Committee with unanimous support. It passed out of the House with a vote of 65 yeas and 51 nays.  Senator Anthony Munoz is the primary Senate sponsor.   

  

Synopsis:  The bill extends the time period that the RTA may issue, sell, and deliver specific additional working cash notes from July 1, 2012 to July 1, 2014.  

 

AIRPORTS

 

SB2527 - Airports - Intermodal Transport sponsored by Senator Martin Sandoval.  After being postponed for several weeks, a second amendment was adopted on March 7 in the Senate Transportation Committee.  It currently sits on the Calendar for 2nd Reading.    

 

Synopsis:  The bill would provide an airport authority the power to invest in, plan, market, and otherwise support intermodal transportation. Sets forth powers concerning construction, shuttle services, financial support, and marketing. Defines "intermodal transportation".

Senate Committee Amendment #1 prohibits an airport authority from applying for federal funding for intercity bus or train projects without first contacting the Illinois Department of Transportation (rather than without the written approval of the Governor). 

 

HB4444 - Aeronautics Funds - Registration sponsored By Rep. Frank Mautino.  The bill passed out of the Transportation: Regulation, Roads & Bridges Committee on March 6 with a vote of (8-6).  It has been placed on the Calendar for 3rd Reading. 

 

ENVIRONMENT/ENERGY

 

SB3271 - Wind Energy Facilities Act sponsored by Senator Michael Frerichs.  The bill has been held in the Senate Agriculture & Conservation Committee.  An extension date of March 30 has been provided on the bill.    

 

The bill creates the Wind Energy Facilities Construction, Deconstruction, and Siting Act. Every commercial wind energy operator that is the owner of a commercial wind energy facility located on land owned by another person or entity shall enter into an agricultural impact mitigation agreement with the Illinois Department of Agriculture to preserve the integrity of any agricultural land that is impacted by commercial wind energy facility construction. A county or municipality shall or approve or disapprove the request for siting approval of a facility.  They may also require setback standards that are not to exceed certain specifications. Effective July 1, 2012.  

 

SB3282 - EPA - Expedited Review - Invoice sponsored by Senator James Clayborne.  After being postponed in the Senate Environment Committee for several weeks, it passed unanimously out of Committee on March 7.  It has been placed on the Calendar for 3rd Reading.  

 

SB3414 - EPA - Emergency Rules sponsored by Senator Ira Silverstein.  The bill passed out of Senate Environment Committee on February 29.  It has been placed on Calendar for 2nd Reading.  

 

Synopsis:  Specifies that economic harm or hardship alone may serve as the basis for the Illinois Pollution Control Board to adopt emergency rules under the Illinois Administrative Procedure Act.

 

HB5814 - Wind Farms - Renewable Energy sponsored by Rep. Joe Sosnowski.  The bill received overwhelming support in the House.  Senator Pam Althoff is the primary Senate sponsor. 

 

Synopsis:  In provisions concerning powers over certain businesses, provides that for renewable energy systems other than those used exclusively by an end user, a municipality may prohibit any renewable energy system device from locating less than 1,000 feet from a residential area, provided that the regulation is not inconsistent with another municipality's zoning regulation.   

 

WATER/WASTE WATER

 

HB5319 - Sanitary District - Wastewater sponsored By Rep. Dave Winters.  The bill passed out of the Senate Environment & Energy Committee on March 7.  It has been placed on Calendar for 2nd Reading. 

 

URBAN

 

HB4335 - Urban Problems - Tech sponsored by Speaker Mike Madigan.  The bill passed out of the Senate Executive Committee with a unanimous vote.  It has been placed on the Calendar for 2nd Reading.   

 

HB4336 - Urban Problems - Tech sponsored by Speaker Mike Madigan.  The bill passed out of the Senate Executive Committee with a unanimous vote on March 8.  It has been placed on the Calendar for 2nd Reading.

 

ECONOMIC DEVELOPMENT

 

SB3382 - Economic Development Notice sponsored by Senator Michael Noland.  The bill passed out of the Senate Revenue Committee with a vote of 7 yeahs, 0 nays and 3 present.  It has been placed on the Calendar for 2nd Reading for March 21. 

 

HB3934 - EDGE - Economic Incentive Committee sponsored By Rep. Jack Franks.  The bill passed out of the House with unanimous support on March 23.  Senator Susan Garrett is the primary Senate sponsor. 

  

Synopsis:  Creates the Economic Incentive Committee within DCEO for the purpose of approving Agreements entered into under the Economic Development for a Growing Economy Tax Credit Act.  Members of the Committee are to be appointed by the Governor.  EDGE agreements are to be denied or approved within 5 days after the agreement is submitted to the Committee.  Makes other necessary changes to implement the law.  

 

HB4018 - Municipal Code - Register Businesses sponsored By Rep. Anthony Deluca.  The bill passed out of the House Cities & Villages Committee with a vote of (8-6).  It has been placed on the Calendar for 3rd Reading.   

 

HB5616 - Will - Kankakee Development Authority sponsored By Rep. Frank Mautino.  The bill passed out of the House Revenue & Finance Committee with unanimous support on March 8.  It has been placed on the Calendar for 2nd Reading. 

House Rules/Senate Assignments

Below is a compilation of bills which sit in the House Rules or Senate Assignments Committee that were introduced this year.  They will remain on the ILMPO watch list.   

  

FINANCE AND TAX 

  • SB3285 - Gas Tax Sunset -  Senator James Clayborne    
  • HB3836 - Use/Occupational tax-fuel on state borders of Kentucky, Iowa and Missouri -  Rep. Richard Morthland    
  • HB3933 - TIF - Public Hearing -  Rep. Sandy Cole   
  • HB4011 - Local Government Distributive Fund Deposit - Rep. Anthony DeLuca   
  • HB4064 - Procurement - Flex Fuel Vehicles - Rep. Roger Eddy 
  • HB5320 - Capital Development Board - Capital Revolving Fund - Rep. Barbara Currie    
  • HB5724 - Gas Tax Sunset - Rep. Karen Yarbrough

RAIL  

  • HB4078 - Tollway Authority - Road Construction -  Rep. Dave Winters      
  • HB5152-  Vehicle Code - RR Crossings- Rep. Patrick Verschoore     
  • HB5237 - RR Crossings - Vehicle On Tracks - Rep. Michael Mcauliffe   
  • HB5738 - Railroad - Utility Encroachment -  Rep. Brandon Phelps   

 

VEHICLE CODE CHANGES

  • SB2579 - Kingpin - Rear Axle Limit  - Senator John Sullivan     
  • SB3501 - Speed Limits - 70MPH - Senator Darin LaHood    
  • HB3970 - Electronic Communication Devices -  Rep. Karen May    
  • HB4009 - Work Zones - Cell Use Ban -  Rep. Karen May    
  • HB4997 - Rural Roads - Non Highway Vehicles -  Rep. John Bradley    

 

ILLINOIS DEPARTMENT OF TRANSPORTATION   

  • SB2552 - Motor Fuel Tax - Cemeteries - Senator Darin LaHood    
  • SB3548 - Illinois Public Safety Agency Network - Senator Tim Bivins  
  • HB4579 - Intermodal Transportation -  Rep. Donald Moffitt    

MASS TRANSIT/RTA REGION

  • SB2572 - RTA/MTA Capital Projects - Senator Susan Garrett     
  • SB3236 - Motor Fuel Rate - Metro Region -Senator Martin Sandoval    
  • HB4509 - RTA Public Bidding - Rep. Robert Rita             

ILLINOIS TOLLWAY HIGHWAY AUTHORITY/ROADS

  • HB4691 - Ambulance Exemption -  Rep. Sandra Pihos    
  • HB5226 - Toll Funds Allotment - Rep. Thaddeus Jones    
  • SB3509 - Counties - Prohibit Coal Tar - Senator Pamela Althoff      

AIRPORTS

  • HB4140 - Aeronautics Funds - Registration -  Rep. Frank Mautino      

ENVIRONMENT/ENERGY

  • SB3251 - EPA Rules - Statement of Reasons -  Senator Mike Jacobs.   
  • SB3364 - Oil Independence Commission -  Senator Toi Hutchinson.   
  • HB5643 - Renewable Energy Production -  Rep. Chad Hays.    
  • HB5660 - Power Agency - Clean Coal -  Rep. Dave Winters.    
  • HB5856 - E85 Market Expansion Program -  Rep. Donald Moffitt. 
  • HB5857 - Alternate Fuels - IDOR List -  Rep. Donald Moffitt.    
  • HB5895 - DCEO - Ethanol Encouragement -  Rep. Donald Moffitt. 
  • HB5896 - Flex Fuel Installation -  Rep. Roger Eddy.    
  • HB5897 - Eminent Domain - Local Government Greenways - Rep. Thomas Morrison.      

WATER/WASTE WATER

  • HB5126 - Rural Waterway Authority - Rep. Jim Watson.    
  • HB5317- Asian Carp Management -  Rep. Dave Winters.       
  • HB5900 - County - Stormwater Management -  Rep. Mike Fortner.      

ECONOMIC DEVELOPMENT

  • HB3919 -  Job Renewal Zones -  Rep. Adam Brown. 
  • HB3922- Enterprise Zone - Extend 20 Years -  Rep. Adam Brown. 
  • HB4069 - River Edge - Add Zone -  Rep. Patrick Verschoore. 
  • HB4082- ROTA - River Edge Exempt -  Rep. Jehan Gordon. 
  • HB4491 - EDGE - Transportation -  Rep. Jim Sacia.  
  • HB5239 - Economic Development Corporation -  Rep. Sandy Cole.
  • HB5031 - Urban Problems - Tech -  Rep. Ken Dunkin.
  • HB5331 - Business Enterprise - Task Force -  Rep. Fred Crespo.   
  • HB5802 - Enterprise Zones - New Zones -  Rep. Paul Evans. 
  • HB5858 - Enterprise Zone - Certification -  Rep. Chapin Rose. 

Marta Elena Perales
MPO Statewide Coordinator 
Illinois MPO Advisory Council