April 16, 2012 
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State Legislative Update 







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State Budget 

I  just attended the House Appropriations for General Services subject matter hearing.  Specifically, I was listening to testimony from the Governor's Office of Management & Budget, Procurement Policy Board, Executive Inspector General, Environment Protection Agency and the Gaming Board regarding their budget.

Last year, the House, the Senate and the Governor's office each had their own revenue numbers. This year both the House and Senate are working with the same revenue number as indicated in HR607. There is a $200M difference between the Governor's introduced number and HR607.

 

The Illinois Department of Transportation budget is up for a subject matter hearing in the House Appropriations for Public Safety Committee on Wednesday, April 18 at 3:30 p.m.   Their budget remains relatively flat from last year with a 9.4% cut to the General Revenue Fund.  The majority of their budget is from the Road Fund. The IDOT budget office indicated all state agencies took a 9.4% cut across the board to the General Reevnue Fund.  At this time, there are no cuts to the Road Fund.   

 

Recently, the Illinois Business Journal printed an op ed piece from both Senate Democratic and Republican leaders.   Click here to read Senator John Cullerton's op ed piece.  Click here to read Leader Radogno's op ed piece. 


COMMITTEE HEARINGS

 

Below is a listing of committees this week with bills I am monitoring in each of their respective committees.   

  

Senate Transportation Committee  

April 17 at 5:00 p.m. at Room 400 State House 

  • HB3875 - RTA Working Cash Notes sponsored by Senator Anthony Munoz.
  • HB4022 - Vehicle Code - Trauma Programs Rail sponsored by Senator Toi Hutchinson. 
  • HB4440 -  Department of Public Health - RTA Reduced Fares monthly reporting sponsored by Senator Kirk Dillard.
  • HB4444- Aeronautics Funds: Registration sponsored by Rep. Frank Mautino

 

Senate Transportation Committee  

April 17 at 5:05 p.m. in Room 400 State House

 

Subject Matter Hearing for: Procurement of Passenger Rail Equipment.

The focus of this committee is Amtrak. 

   

Senate Local Government Committee

April 18 at 9:00 a.m. in Room 409 State House    

  • HB5319 - Sanitary District - Wastewater sponsored by Senator David Koehler. 

Senate Criminal Law Committee

April 18 at 9:00 a.m. in Room 212 State House

  • HB5099 - Vehicle Code - Cell Phone Usage Near Accident Sites sponsored by Senator William Haine.   

Senate Revenue Committee 

April 18 at 2:00 p.m. in Room 40 State House

  • HB3934 - Creates the Economic Incentive Committee sponsored by Senator Susan Garrett.      
  • HB5616 - Will - Kankakee Development Authority sponsored by Senator William Haine.  

 

ILMPO MONITOR LIST

 

Below is a listing of legislation by topic on the ILMPO Monitor List.  There is an update to each bill.  A link to the legislation is highlighted in green.     

 

 

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 where it remains as of March 30.  It's companion bill is SB2549 sponsored by Senator Chris Lauzen.   

   

SB2846 - Finance - Dissolve Funds sponsored by Senator Toi Hutchinson.  The bill passed out of the Senate with a unanimous vote on March 29.  Rep. Dave Winters is the primary House Sponsor.  The bill has not been assigned to a committee at this time.

 

Synopsis:  On July 1, 2012, the State Comptroller shall direct and the State Treasurer shall transfer the remaining balances and desolve the Energy Initiatives Revolving Fund, the Minority and Female Business Enterprise Fund, and the Paper and Printing Revolving Fund into the General Revenue Fund. 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 the Senate with a unanimous vote on March 28.   The Chief House Sponsor is Rep. Frank Mautino.  The bill has not been assigned to a committee at this time.

  

Synopsis:  Regarding 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 on March 28 with a vote of 52-00-01. The Chief House Sponsor is Rep. Elaine Nekritz.   The bill is clean up language at the request of IDOT.  It has not been assigned to a committee at this time.

 

The original bill would allow the Illinois Tollway Authority to enter into public private partnerships.  However, there is an amendment forthcoming that would keep the Tollway Authority from entering into a public private partnership. 

 

Synopsis:  The bill further defines design-build agreement and short list.  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.    

 

HB3859 - Municipalities/Counties - Tax Sharing sponsored by Rep. Carole Sente.  Amendment #2 was adopted in the House Revenue & Finance Committee on March 28.  House Amendment #6 was filed on April 13 and it passed out of the House Rules Committee on April 16.  

 

This bill is a compromise with the RTA.  It doesn't address whether governments can have a sales tax rebate but only they were required to file them with the Illinois Department of Revenue.  

  

Synopsis:  Requires counties or municipalities that enter into revenue sharing or tax rebate agreements, or amend them, to electronically report within seven business days to the Illinois Department of Revenue; the name of the business, its location, the terms and duration of the agreement, and any entities not direct parties to the agreement who receive a portion of the revenue sharing or rebate.  Those with prior agreements will have three months after the bill's effective date to report them. 

   

RAIL

 

HB4022 - Trauma Programs - Rail sponsored By Rep. Elaine Nekritz.  With a unanimous vote, the bill passed out of the Senate on March 23.  The Chief Senate Sponsor is Senator Toi Hutchinson.  It is scheduled in the Senate Transportation Committee on Tuesday, April 17. 

  

Synopsis:  Provides that a Section concerning accident counseling shall apply to Class I and Class II (instead of only Class I) rail carriers. Provides that each Class I and Class II rail carrier must review and update its accident counseling or trauma program filing on an annual basis. Provides that programs may be filed either by mail or electronically via an email address designated by the Illinois Commerce Commission.  

 

VEHICLE CODE CHANGES

 

SB3504 - Cameras - Yellow Lights sponsored by Senator Dan Duffy.  The bill passed out of the Senate with a vote of 43-05-01.  The Chief House Sponsor is Rep. Ed Sullivan, Jr.     

 

Synopsis:  Provides that a minimal yellow light change interval at an intersection where an automated system is operating shall be established in accordance with nationally recognized engineering standards, plus one additional second. A court or hearing officer may consider in defense of a violation evidence that the minimal yellow light change interval does not conform with the requirements.  

 

SB3505 - 3 Axle Mixers - Weight sponsored by Senator John Jones.  The bill passed out of the Senate with a unanimous vote on March 28.  The Chief House Sponsor is  Rep. Renee Kosel. 

 

Synopsis:  Provides that a 3-axle truck registered as a Special Hauling Vehicle, used exclusively for the transportation of non-hazardous solid waste, manufactured before or in the model year of 2014, first registered in Illinois before January 1, 2015, is not subject to the bridge formula and may, when laden, transmit upon the road surface, except when on part of the National System of Interstate and Defense Highways, the following maximum weights: 22,000 pounds on a single axle; 40,000 pounds on a tandem axle; 54,000 pounds gross weight on a 3-axle vehicle.  

 

HB5099 - Accidents - No Cell Phones sponsored By Rep. Jerry Costello, II.  The bill  passed with a vote count of 62 yeahs and 38 nays in the House.  The Chief Senate Sponsor is Senator William Haine.  It is scheduled in the Senate Criminal Law Committee on Wednesday, April 18. 

 

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.  
 

  

ILLINOIS DEPARTMENT OF TRANSPORTATION

 

SB2491 - IDOT - Disadvantaged Company Aid sponsored by Senator Mattie Hunter.  Amendment #3 was adopted in the Senate Executive Committee with a vote of 09-05-00.  The bill currently sits on the Calendar for 3rd Reading in the Senate. 

  

Synopsis:  Contains changes concerning the disbursement and management of funds related to the revolving loan program; provides that investment income which is attributable to the investment of moneys in the Working Capital Revolving Loan Fund shall be retained in the Working Capital Revolving Loan Fund.   The Department's authority to execute additional loans or request transfers expires on June 1, 2022 and contains provisions concerning the winding down of the program; and provides that no transfer to the Working Capital Revolving Loan Fund may be requested or ordered if the available balance in the Working Capital Revolving Loan Fund is equal to or greater than $6,000,000.  

 

SB2822 - IDOT Land Conveyance sponsored by Senator Darin LaHood.  The bill passed unanimously out of the Senate on March 29.  The Chief House Sponsor is Rep. Daniel Beiser.  It was placed on the Calendar for 1st Reading on April 11.  

 

Synopsis:  Authorizes IDOT to convey described parcels in Bond, Kendall, Sangamon, Tazewell, Vermillion, and Woodford Counties.  Amendment #1 which was adopted authorizes IDOT to convey a designated parcel.  The technical amendment adds a parcel designation to a legal description.    

  

SB2861 - IDOT - Railroad Escrow Account sponsored by Senator Martin Sandoval.  The bill passed out of the Senate with a vote of 33-18-00.  The Chief House Sponsor is Rep. Daniel Burke.     

 

Synopsis:  Whenever IDOT is required to enter into an agreement with any carrier for the payment of railroad maintenance expenses necessary for intercity passenger service, IDOT may deposit funds in an escrow account. Contains provisions governing the use and withdrawal of escrow account funds, fund term limits, and reporting requirements.    

  

SB3047 - Road Districts -  sponsored by Senator Dale Righter.  The bill unanimously passed out of the Senate on March 28.  The Chief House Sponsor is Rep. Daniel Reis.  It was assigned to the House Cities & Villages Committee on April 16.  It is not scheduled for a Committee hearing at this time.  

  

Synopsis:   Any municipality that is part of a road district in a county not under township organization (instead of any municipality with a population of more than 15,000 and part of 2 or more road districts in a county not under township organization) may compel the county board to organize the municipality into a separate road district.    

 

SB3318 - Public Private - Illiana - IDOT Powers sponsored by Senator Toi Hutchinson.  The bill passed out of the Senate with a vote of 44 Yeas and 8 Nays on March 28.  The Chief House Sponsor is Rep. Anthony DeLuca. The bill was assigned to House Transportation: Regulation, Roads & Bridges Committee on April 16.  It is not scheduled for a committee hearing at this time.  

  

Synopsis:  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.

 

IDOT 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.    

 

SB3387 - IDOT Pavement Preservation sponsored by Senator Martin Sandoval.  The deadline to pass it out of 3rd Reading was extended to April 26, 2012.  It passed out of the Senate Transportation Committee hearing on March 7.  The deadline for Third Reading was extended to April 26, 2012.       

 

HB5180 - Projects: Public Hearing sponsored By Rep. Sid Mathias.  The bill passed out of the House with a unanimous vote on March 22. The Chief Senate Sponsor is Senator Jeffery Schoenberg. The bill was assigned to the Senate Transportation Committee on April 11.  It is not scheduled for a committee hearing at this time. 

 

Synopsis:  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 IDOT's website by January 1, 2013.   

 

ILLINOIS TOLLWAY AUTHORITY    

 

 SB2530 - Illinois Tollway Authority - Toll Increases sponsored by Senator Matt Murphy.  The bill passed out of the Senate with a vote of 54 Yeas and 2 Nays on March 29.  The Chief House Sponsor is Rep. Michael Connelly.  The bill was assigned to the Illinois Tollway Oversight Committee on April 16.  It has not been scheduled for a hearing at this time.

  

Synopsis:   The bill provides for the Authority to first obtain authorization by a joint resolution of the General Assembly for any toll rate increases.

 

MASS TRANSIT/RTA REGION

 

HB4440 - Department of Public Health - RTA Reduced Fare Program - sponsored by Rep. Michael Zalewski.   The Senate Chief Sponsor is Senator Kirk Dillard.  It passed out of the House with unanimous support on March 6.  The bill is scheduled in the Senate Transportation Committee on April 17.

  

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 on March 22 with a vote of 30 Yeas and 19 Nays.  Rep. Mike Tryon is the Chief House sponsor. The bill has not been assigned to a Committee at this time.

  

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 unanimously passed out of the Senate on March 28.  The Chief House Sponsor is Rep. Michael Tryon.   It has not been assigned to a House Committee at this time.

 

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 passed out of the House with a vote of 65 yeas and 51 nays.  Senator Anthony Munoz is the Chief Senate sponsor.   The bill is scheduled in the Senate Transportation Committee on April 17.

  

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.  The deadline for 3rd Reading has been extended until April 26, 2012.


HB4444 - Aeronautics Funds - Registration sponsored By Rep. Frank Mautino.  It unanimously passed out of the House on March 28.  The Chief Senate Sponsor is Senator Martin Sandoval.   The bill is scheduled in the Senate Transportation Committee on April 17.

 

ENVIRONMENT/ENERGY  

 

 

SB2867 - EPA Clean Up - sponsored by Senator William Haine.  The bill passed out of the Senate with a vote of 40 Yeas and 15 Nays on March 28.  The Chief House Sponsor is Rep. Dave Winters.   The bill has not been assigned to a Committee at this time.

 

Synopsis: This bill is primarily a technical measure, that makes changes to the Environmental Protection Agency Act to correct mistakes in other enacted legislation. Codifies a laboratory fee schedule that is currently charged being used by the EPA.  (Illinois Senate GOP website)

 

SB3271 - Wind Energy Facilities Act sponsored by Senator Michael Frerichs.  The bill was postponed in the Senate Agriculture & Conservation Committee on March 27.  Amendment #3 was filed on March 30 and the deadline for 3rd Reading was extended until April 26.

 

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.  

 

SB3282 - EPA - Expedited Review - Invoice sponsored by Senator James Clayborne.  The bill passed unanimously out of the Senate on March 28.  The Chief House Sponsor is Rep. Daniel Beiser.   The bill was assigned to the House Environment & Energy Committee on April 16.  It is not scheduled for a hearing at this time. 

 

Synopsis:  The bill requires the Environmental Protection Agency to provide each applicant who has sought expedited permit review with an invoice setting forth the total fee paid for the expedited review, as well as the number of overtime hours that were expended by Agency staff to conduct the expedited review.  

 

SB3414 - EPA - Emergency Rules sponsored by Senator Ira Silverstein.  The bill passed out of the Senate with overwhelming support on March 28.  The Chief House Sponsor is Rep. Daniel Beiser. It has not been assigned to a committee at this time.

 

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 passed with overwhelming support in the House on March 23.  The Senate Chief Sponsor is Senator Pam Althoff.   It has not been assigned to a committee at this time.

 

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

 

SB2886 - River Development District  - sponsored by Senator James Clayborne.  The bill unanimously passed out of the Senate on March 28.  The Chief House Sponsor is Rep. Charles Jefferson.  It has not been assigned to a committee at this time.

Synopsis:  Allows a taxpayer to sell, assign, convey, or otherwise transfer tax credits allowed and earned in conjunction with the River Edge Redevelopment Zone Act. 

 

HB5319 - Sanitary District - Wastewater sponsored By Rep. Dave Winters.  The bill unanimously passed out of the House on March 27.  The Chief Senate Sponsor is Senator David Koehler.   It is scheduled in the Senate Local Government Committee on April 18.

 

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.  Amendment #1 was held in the Senate Assignments Committee on March 27.   

 

HB3934 - EDGE - Economic Incentive Committee sponsored By Rep. Jack Franks.  The bill unanimously passed out of the House Committee on March 23.  The Chief Senate Sponsor is Senator Susan Garrett.  Senate Amendment #1 has been held in the Senate Revenue Committee since March 27. 

  

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 sponsor will hold this piece of legislation on 2nd Reading after it failed to receive enough votes to pass to 3rd Reading on March 29.   The bil was referred to the House Rules Committee on March 30.  It is unlikely the sponsor will call the bill again this session. 

 

HB5616 - Will - Kankakee Development Authority sponsored By Rep. Frank Mautino.  The bill passed out of the House with a vote of 62-47-00.  The Chief Senate Sponsor is Senator William Haine.  It is scheduled in the Senate Revenue Committee on April 18.

 

Synopsis:   Provides that the Will-Kankakee Regional Development Authority may issue bonds, notes, or other evidences of indebtedness in an aggregate amount outstanding not to exceed $250M (now, $100M). Certain provisions concerning the State's moral obligation for the bonds of the Authority shall not apply to bonds issued by the Authority on or after the effective date of the amendatory Act. The notes and bonds issued by the Authority and the income from these notes and bonds may be free from all taxation by the State or its political subdivisions, except for estate, transfer, and inheritance taxes. The exemption from taxation shall apply to the income on any notes or bonds of the Authority only if the Authority in its sole judgment determines that the exemption enhances the marketability of the bonds or notes or reduces the interest rates that would otherwise be borne by the bonds or notes.  

 


Marta Elena Perales
MPO Statewide Coordinator 
Illinois MPO Advisory Council