May 22, 2012 
ILMPO
 
Illinois MPO Advisory Council
State Legislative Update 







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STATE BUDGET
 
The Senate Appropriations II Committee met last night to hear three budget bills which make up the entire state budget.  The bills were presented by the Illinois Senate Democratic Caucus.  The bills heard in Committee are SB2404, SB2455 and SB2461. SB2404 covers general funds operations, including the IDOT budget and other fund spending.  SB2461 covers pension payments, medicaid debt service and group health insurance. All of these bills passed along partisan lines. I will be reviewing the IDOT budget this week.  The majority of their budget is in SB2404 and a small portion is in SB2455.

The Senate Republican Caucus indicated that the budget bills totalling $34.4B is $1.5B higher than the Governor's introduced budget. The Senate budget is also 1/2 Billion higher than the House Resolution which set the spending limit. 

During the Senate Appropriation hearing, Senator Matt Murphy stated 'there was honest disagreement in negotiations because the Senate Republican Caucus wants the State on a path to end the last income tax hike.  They believe that additional cuts should be made 'to hit projected revenues when the tax increase expires.

The House Appropriation for Public Safety has not conducted any business the past two weeks in Committee but have been meeting to address the state budget.  As reported earlier, the House Appropriations for Public Safety are looking for measures to make a cut of $138M out of their committee.  The Chair has repeatedly asked various agencies who came before the committee on any cost saving measures and the impact of having an additional cut of 5%-10% to their overall budget. 

Recently, it has been rumored that the majority of the cuts will come from the Department of Corrections budget.  I will be monitoring the budget discussion this week as well as attending a couple of hearings later in the week. 

Both the Senate and House have indicated they are closely looking at all funds and each and every fund in on the table for possible cuts.  Which brings us to a news article posted in the April 2012 Illinois Issues magazine which explains these special funds.  The article is titled "Special funds blur the budgetary process" and the article can be found here.

The Senate Democratic Press Conference can be found here.  An analysis of their budget plan can be found here.  The Senate Republican response to their analysis can be found here.  Capitol Fax posted a quote from Friday's Senate Democratic Press Conference which in essences put everything into perspective about the budget process.  The quote is below.

"There's $8 billion sitting in multiple piggy banks, 500 piggy banks, at one time. We're hoarding money in these little banks," state Sen. Donne Trotter, D-Chicago, said at a news conference Friday.

I will be sending out the regular state legislative update this afternoon with a listing of committee hearings, a committee report from last week as well as the status of legislation. 
COMMITTEE SCHEDULE
 
The House Appropriation for Public Safety Committee convened on May 15, but than immediately went into Recess to the Call of the Chair. Staff is monitoring the IDOT operating and capitol bills which were assigned to the Appropriations Committee.

Below is a listing of additional committees that staff will be attending this week.

House Tollway Oversight Committee
Wednesday, May 16 at 9:00 a.m. in C-1, Stratton Building
  • SB2530 - Tollway Increases sponsored by Senator Matt Murphy  
Senate Transportation Committee (Audio/Video)
Wednesday, May 16 at 11:00 a.m. in Room 400, Capitol
  • HB1151 Vehicle Code - Disabled Plates sponsored by Rep. Larry Walsh, Jr. Senate Amendment #1 filed by Senator Martin Sandoval.   

Senate Energy Committee (Audio/Video)

Wednesday, May 16 in Room 212, Capitol Building

  • SJR0072 - Congratulates Clean Power Coalition sponsored by Senator Martin Sandoval.    

House Judiciary I - Civil Law Committee

Thursday, May 17 at 9:30 a.m. in Room 413, Stratton Building

  • SB3216 - Public Private Partnership sponsored by Senator Heather Steans 

 

 

COMMITTEE REPORT
 
The Committee Report is for the week of May 8-10.

Passed Out of Committee
  • HB3340 Vehicle Code - Car Recycler, Remittance sponsored by Senator William Haine. 
  • HB4110 Property Tax - Airport Leasehold sponsored by Rep. Patrick Verschoore. 
Held/Postponed In Committee
  • HJR57 - Donald L. Moffit Overpass sponsored by Rep. Norine Hammond 

ILMPO MONITOR LIST     

 
House Rules Committee

The deadline to move Senate bills out of the House Rules Committee was May 4.  These bills successfully made it out of the Senate chamber with a majority vote and were placed in the House Rules Committee between March 28 - 30.  The Public Private Partnership clean up bill was on this list for the past month.  It is scheduled for a committee hearing this week.

SB2514 - Road Fund - No Transfers sponsored by Senator Pam Althoff. 

SB2846 - Finance - Dissolve Funds sponsored by Senator Toi Hutchinson.  

SB2861 - IDOT - Railroad Escrow Account sponsored by Senator Martin Sandoval.

SB2886 - River Development District  - sponsored by Senator James Clayborne.  

SB3214 - CTA/RTA Fuel Risk Management sponsored by Senator Susan Garrett.   

SB3414 - EPA - Emergency Rules sponsored by Senator Ira Silverstein.       

SB3504  - Cameras - Yellow Lights sponsored by Senator Dan Duffy. 

SB3505 - 3 Axle Mixers - Weight sponsored by Senator John Jones.    

SB3526 - Income Tax - Transportation sponsored by Senator Toi Hutchinson.   

 

FINANCE AND TAX  

 

HB3859 - Municipalities/Counties - Tax Sharing sponsored by Rep. Carole Sente.  House Amendment #6 was adopted on April 16.  The 7th amendment was adopted on May 11 and requires specific reports to be posted on the Department's website within 6 months after enacted into law. Requires the website to be updated on a monthly basis to include newly received reports.

 

The bill 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.  Last year a regional transit authority sued local villages on this issue.   

 

Synopsis:  The bill requires counties or municipalities to report within 7 business days to the Illinois Department of Revenue any revenue sharing or tax rebate agreements, or amendments to them.  Existing agreements will have three months after the bill's effective date to report.   

 

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 bill currently sits on 2nd Reading in the Senate. 

  

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

 

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 passed out of the Senate Criminal Law Committee on May 2.  It moved from 2nd Reading to 3rd Reading on May 10. 

 

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 passed out of the Senate on May 9.  It currently sits in the House Rules Committee.   

     

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 passed out of the House Transportation Regulation Roads & Bridges Committee Hearing on May 1.  It currently sits on 2nd Reading.   

 

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.    

     

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.  The bill passed out of both Chambers on May 10.  

  

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 passed out of  the House Transportation: Regulation, Roads & Bridges Committee on May 1.  It currently sits on 2nd Reading.    

  

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 May 11.  It passed out of the Senate Transportation Committee hearing on March 7.   

 

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 passed out of the Senate Transportation Committee on April 25.  It moved from 2nd Reading to 3rd Reading on May 15. 

 

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 is scheduled in the House Tollway Oversight Committee this week.  

  

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 passed out of both Houses on May 15.  

  

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. House Floor Amendment #1 was adopted on May 15. The amendment further clarifies that a provision concerning the authorization to increase the tax levy in specified districts does not apply to the Northwest Metra Commuter Rail District.  The bill currently sits on 3rd Reading.  

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

 

HB3875 - RTA Working Cash Notes sponsored by Rep. Marlow Colvin.  The bill passed out of the House with a vote of 65 yeas and 51 nays.  Senator Anthony Munoz is the Chief Senate Sponsor.   The bill passed out of the Senate Transportation Committee with a vote of 6 Yeas and 4 Nays on April 25.  It moved from 2nd Reading to 3rd Reading on May 8. 

  

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 May 11, 2012.  There has been no further action. 

 

HB4110- Property Tax - Airport Leasehold sponsored by Rep. Patrick Verschoore.  The bill passed out of the Senate Revenue Committee last week.  It has been placed on the Calendar for 2nd Reading. 

 

Synopsis:

Provides that if property of the Metropolitan Airport Authority of Rock Island County is leased to a fixed base operator that provides aeronautical service to the public, then not only those leasehold interests but also any improvements thereon are exempt. Exempts these leasehold interests from a provision that ordinarily governs the taxation of exempt property that is leased to a non-exempt entity.  

 

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 passed out of the Senate Transportation Committee on April 18.  It is currently on the Calendar for 2nd Reading. 

 

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.   House Floor Amendment #2 was referred to the House Environment & Energy Committee last week.   

 

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.   

 

SB3271 - Wind Energy Facilities Act sponsored by Senator Michael Frerichs.  The bill was postponed in the Senate Agriculture & Conservation Committee on March 27.  Amendments 1-3 was filed on April 26 and all amendments were referred to the Senate Assignments Committee.  No further action at this time. 

 

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 is scheduled in the House Environment & Energy Committee this week.  Committee deadline was extended to May 18.  

 

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.  

 

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 passed out of the Senate Energy Committee ton May 3.  It moved from 2nd Reading to 3rd Reading on May 10. 

 

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 unanimously passed out of the House on March 27.  The Chief Senate Sponsor is Senator David Koehler.   It passed out of the Senate Local Government Committee on April 18.  It moved from 2nd Reading to 3rd Reading on May 2.   

 

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 has been held in the Senate Assignments Committee since 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.  It passed out of the Senate Revenue Committee on April 18.  It moved from 2nd Reading to 3rd Reading on May 2.   

 

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.  

 

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.  The bill passed out of the Senate Revenue Committee on April 18.   It moved from 2nd Reading to 3rd Reading on May 2.      

 

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).  Makes other changes. 

 


Marta Elena Perales
MPO Statewide Coordinator 
Illinois MPO Advisory Council