Bill Text: IL HB2981 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Illinois Highway Code. Directs various governmental bodies to prepare and submit specified reports at stated intervals. Amends the Illinois Finance Authority Act to authorize a revolving loan program and actions for the delivery of public purpose projects on behalf of units of local government. Amends the Illinois Procurement Code. Provides that the Code does not apply to certain contracts entered into on or before December 31, 2022. Amends the Illinois Income Tax Act to create a credit for railroad track maintenance. Amends the Property Tax Code. Provides that certain tax-exempt property that is leased to another party for a public purpose project shall remain exempt from taxation. Amends the Regional Transportation Authority Act. Provides that the Authority may establish a line of credit with a bank or other financial institution. Amends the Illinois Vehicle Code to remove the registration discount for electric motor vehicles. Amends the Public-Private Partnerships for Transportation Act. Provides that potential projects may not move forward if the General Assembly declares by joint resolution that the project is not in the public interest. Amends the Build Illinois Act. Repeals the Port Development Revolving Loan Program.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2019-03-29 - Rule 19(a) / Re-referred to Rules Committee [HB2981 Detail]

Download: Illinois-2019-HB2981-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB2981 Introduced , by Rep. Margo McDermed SYNOPSIS AS INTRODUCED:
See Index
Amends the Illinois Highway Code. Directs various governmental bodies to prepare and submit specified reports at stated intervals. Amends the Illinois Finance Authority Act to authorize a revolving loan program and actions for the delivery of public purpose projects on behalf of units of local government. Amends the Illinois Procurement Code. Provides that the Code does not apply to certain contracts entered into on or before December 31, 2022. Amends the Illinois Income Tax Act to create a credit for railroad track maintenance. Amends the Property Tax Code. Provides that certain tax-exempt property that is leased to another party for a public purpose project shall remain exempt from taxation. Amends the Regional Transportation Authority Act. Provides that the Authority may establish a line of credit with a bank or other financial institution. Amends the Illinois Vehicle Code to remove the registration discount for electric motor vehicles. Amends the Public-Private Partnerships for Transportation Act. Provides that potential projects may not move forward if the General Assembly declares by joint resolution that the project is not in the public interest. Amends the Build Illinois Act. Repeals the Port Development Revolving Loan Program.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Finance Authority Act is amended by
changing Section 801-40 as follows:
(20 ILCS 3501/801-40)
Sec. 801-40. In addition to the powers otherwise authorized
by law and in addition to the foregoing general corporate
powers, the Authority shall also have the following additional
specific powers to be exercised in furtherance of the purposes
of this Act.
(a) The Authority shall have power (i) to accept grants,
loans or appropriations from the federal government or the
State, or any agency or instrumentality thereof, to be used for
the operating expenses of the Authority, or for any purposes of
the Authority, including the making of direct loans of such
funds with respect to projects, and (ii) to enter into any
agreement with the federal government or the State, or any
agency or instrumentality thereof, in relationship to such
grants, loans or appropriations.
(b) The Authority shall have power to procure and enter
into contracts for any type of insurance and indemnity
agreements covering loss or damage to property from any cause,

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including loss of use and occupancy, or covering any other
insurable risk.
(c) The Authority shall have the continuing power to issue
bonds for its corporate purposes. Bonds may be issued by the
Authority in one or more series and may provide for the payment
of any interest deemed necessary on such bonds, of the costs of
issuance of such bonds, of any premium on any insurance, or of
the cost of any guarantees, letters of credit or other similar
documents, may provide for the funding of the reserves deemed
necessary in connection with such bonds, and may provide for
the refunding or advance refunding of any bonds or for accounts
deemed necessary in connection with any purpose of the
Authority. The bonds may bear interest payable at any time or
times and at any rate or rates, notwithstanding any other
provision of law to the contrary, and such rate or rates may be
established by an index or formula which may be implemented or
established by persons appointed or retained therefor by the
Authority, or may bear no interest or may bear interest payable
at maturity or upon redemption prior to maturity, may bear such
date or dates, may be payable at such time or times and at such
place or places, may mature at any time or times not later than
40 years from the date of issuance, may be sold at public or
private sale at such time or times and at such price or prices,
may be secured by such pledges, reserves, guarantees, letters
of credit, insurance contracts or other similar credit support
or liquidity instruments, may be executed in such manner, may

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be subject to redemption prior to maturity, may provide for the
registration of the bonds, and may be subject to such other
terms and conditions all as may be provided by the resolution
or indenture authorizing the issuance of such bonds. The holder
or holders of any bonds issued by the Authority may bring suits
at law or proceedings in equity to compel the performance and
observance by any person or by the Authority or any of its
agents or employees of any contract or covenant made with the
holders of such bonds and to compel such person or the
Authority and any of its agents or employees to perform any
duties required to be performed for the benefit of the holders
of any such bonds by the provision of the resolution
authorizing their issuance, and to enjoin such person or the
Authority and any of its agents or employees from taking any
action in conflict with any such contract or covenant.
Notwithstanding the form and tenor of any such bonds and in the
absence of any express recital on the face thereof that it is
non-negotiable, all such bonds shall be negotiable
instruments. Pending the preparation and execution of any such
bonds, temporary bonds may be issued as provided by the
resolution. The bonds shall be sold by the Authority in such
manner as it shall determine. The bonds may be secured as
provided in the authorizing resolution by the receipts,
revenues, income and other available funds of the Authority and
by any amounts derived by the Authority from the loan agreement
or lease agreement with respect to the project or projects; and

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bonds may be issued as general obligations of the Authority
payable from such revenues, funds and obligations of the
Authority as the bond resolution shall provide, or may be
issued as limited obligations with a claim for payment solely
from such revenues, funds and obligations as the bond
resolution shall provide. The Authority may grant a specific
pledge or assignment of and lien on or security interest in
such rights, revenues, income, or amounts and may grant a
specific pledge or assignment of and lien on or security
interest in any reserves, funds or accounts established in the
resolution authorizing the issuance of bonds. Any such pledge,
assignment, lien or security interest for the benefit of the
holders of the Authority's bonds shall be valid and binding
from the time the bonds are issued without any physical
delivery or further act, and shall be valid and binding as
against and prior to the claims of all other parties having
claims against the Authority or any other person irrespective
of whether the other parties have notice of the pledge,
assignment, lien or security interest. As evidence of such
pledge, assignment, lien and security interest, the Authority
may execute and deliver a mortgage, trust agreement, indenture
or security agreement or an assignment thereof. A remedy for
any breach or default of the terms of any such agreement by the
Authority may be by mandamus proceedings in any court of
competent jurisdiction to compel the performance and
compliance therewith, but the agreement may prescribe by whom

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or on whose behalf such action may be instituted. It is
expressly understood that the Authority may, but need not,
acquire title to any project with respect to which it exercises
its authority.
(d) With respect to the powers granted by this Act, the
Authority may adopt rules and regulations prescribing the
procedures by which persons may apply for assistance under this
Act. Nothing herein shall be deemed to preclude the Authority,
prior to the filing of any formal application, from conducting
preliminary discussions and investigations with respect to the
subject matter of any prospective application.
(e) The Authority shall have power to acquire by purchase,
lease, gift or otherwise any property or rights therein from
any person useful for its purposes, whether improved for the
purposes of any prospective project, or unimproved. The
Authority may also accept any donation of funds for its
purposes from any such source. The Authority shall have no
independent power of condemnation but may acquire any property
or rights therein obtained upon condemnation by any other
authority, governmental entity or unit of local government with
such power.
(f) The Authority shall have power to develop, construct
and improve either under its own direction, or through
collaboration with any approved applicant, or to acquire
through purchase or otherwise, any project, using for such
purpose the proceeds derived from the sale of its bonds or from

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governmental loans or grants, and to hold title in the name of
the Authority to such projects.
(g) The Authority shall have power to lease pursuant to a
lease agreement any project so developed and constructed or
acquired to the approved tenant on such terms and conditions as
may be appropriate to further the purposes of this Act and to
maintain the credit of the Authority. Any such lease may
provide for either the Authority or the approved tenant to
assume initially, in whole or in part, the costs of
maintenance, repair and improvements during the leasehold
period. In no case, however, shall the total rentals from any
project during any initial leasehold period or the total loan
repayments to be made pursuant to any loan agreement, be less
than an amount necessary to return over such lease or loan
period (1) all costs incurred in connection with the
development, construction, acquisition or improvement of the
project and for repair, maintenance and improvements thereto
during the period of the lease or loan; provided, however, that
the rentals or loan repayments need not include costs met
through the use of funds other than those obtained by the
Authority through the issuance of its bonds or governmental
loans; (2) a reasonable percentage additive to be agreed upon
by the Authority and the borrower or tenant to cover a properly
allocable portion of the Authority's general expenses,
including, but not limited to, administrative expenses,
salaries and general insurance, and (3) an amount sufficient to

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pay when due all principal of, interest and premium, if any on,
any bonds issued by the Authority with respect to the project.
The portion of total rentals payable under clause (3) of this
subsection (g) shall be deposited in such special accounts,
including all sinking funds, acquisition or construction
funds, debt service and other funds as provided by any
resolution, mortgage or trust agreement of the Authority
pursuant to which any bond is issued.
(h) The Authority has the power, upon the termination of
any leasehold period of any project, to sell or lease for a
further term or terms such project on such terms and conditions
as the Authority shall deem reasonable and consistent with the
purposes of the Act. The net proceeds from all such sales and
the revenues or income from such leases shall be used to
satisfy any indebtedness of the Authority with respect to such
project and any balance may be used to pay any expenses of the
Authority or be used for the further development, construction,
acquisition or improvement of projects. In the event any
project is vacated by a tenant prior to the termination of the
initial leasehold period, the Authority shall sell or lease the
facilities of the project on the most advantageous terms
available. The net proceeds of any such disposition shall be
treated in the same manner as the proceeds from sales or the
revenues or income from leases subsequent to the termination of
any initial leasehold period.
(i) The Authority shall have the power to make loans, or to

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purchase loan participations in loans made, to persons to
finance a project, to enter into loan agreements or agreements
with participating lenders with respect thereto, and to accept
guarantees from persons of its loans or the resultant evidences
of obligations of the Authority.
(j) The Authority may fix, determine, charge and collect
any premiums, fees, charges, costs and expenses, including,
without limitation, any application fees, commitment fees,
program fees, financing charges or publication fees from any
person in connection with its activities under this Act.
(k) In addition to the funds established as provided
herein, the Authority shall have the power to create and
establish such reserve funds and accounts as may be necessary
or desirable to accomplish its purposes under this Act and to
deposit its available monies into the funds and accounts.
(l) At the request of the governing body of any unit of
local government, the Authority is authorized to market such
local government's revenue bond offerings by preparing bond
issues for sale, advertising for sealed bids, receiving bids at
its offices, making the award to the bidder that offers the
most favorable terms or arranging for negotiated placements or
underwritings of such securities. The Authority may, at its
discretion, offer for concurrent sale the revenue bonds of
several local governments. Sales by the Authority of revenue
bonds under this Section shall in no way imply State guarantee
of such debt issue. The Authority may require such financial

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information from participating local governments as it deems
necessary in order to carry out the purposes of this subsection
(1).
(m) The Authority may make grants to any county to which
Division 5-37 of the Counties Code is applicable to assist in
the financing of capital development, construction and
renovation of new or existing facilities for hospitals and
health care facilities under that Act. Such grants may only be
made from funds appropriated for such purposes from the Build
Illinois Bond Fund.
(n) The Authority may establish an urban development action
grant program for the purpose of assisting municipalities in
Illinois which are experiencing severe economic distress to
help stimulate economic development activities needed to aid in
economic recovery. The Authority shall determine the types of
activities and projects for which the urban development action
grants may be used, provided that such projects and activities
are broadly defined to include all reasonable projects and
activities the primary objectives of which are the development
of viable urban communities, including decent housing and a
suitable living environment, and expansion of economic
opportunity, principally for persons of low and moderate
incomes. The Authority shall enter into grant agreements from
monies appropriated for such purposes from the Build Illinois
Bond Fund. The Authority shall monitor the use of the grants,
and shall provide for audits of the funds as well as recovery

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by the Authority of any funds determined to have been spent in
violation of this subsection (n) or any rule or regulation
promulgated hereunder. The Authority shall provide technical
assistance with regard to the effective use of the urban
development action grants. The Authority shall file an annual
report to the General Assembly concerning the progress of the
grant program.
(o) The Authority may establish a Housing Partnership
Program whereby the Authority provides zero-interest loans to
municipalities for the purpose of assisting in the financing of
projects for the rehabilitation of affordable multi-family
housing for low and moderate income residents. The Authority
may provide such loans only upon a municipality's providing
evidence that it has obtained private funding for the
rehabilitation project. The Authority shall provide 3 State
dollars for every 7 dollars obtained by the municipality from
sources other than the State of Illinois. The loans shall be
made from monies appropriated for such purpose from the Build
Illinois Bond Fund. The total amount of loans available under
the Housing Partnership Program shall not exceed $30,000,000.
State loan monies under this subsection shall be used only for
the acquisition and rehabilitation of existing buildings
containing 4 or more dwelling units. The terms of any loan made
by the municipality under this subsection shall require
repayment of the loan to the municipality upon any sale or
other transfer of the project.

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(p) The Authority may award grants to universities and
research institutions, research consortiums and other
not-for-profit entities for the purposes of: remodeling or
otherwise physically altering existing laboratory or research
facilities, expansion or physical additions to existing
laboratory or research facilities, construction of new
laboratory or research facilities or acquisition of modern
equipment to support laboratory or research operations
provided that such grants (i) be used solely in support of
project and equipment acquisitions which enhance technology
transfer, and (ii) not constitute more than 60 percent of the
total project or acquisition cost.
(q) Grants may be awarded by the Authority to units of
local government for the purpose of developing the appropriate
infrastructure or defraying other costs to the local government
in support of laboratory or research facilities provided that
such grants may not exceed 40% of the cost to the unit of local
government.
(r) In addition to the powers granted to the Authority
under subsection (i), and in all cases supplemental to it, the
Authority may establish a direct loan program to make loans to,
or may purchase participations in loans made by participating
lenders to, individuals, partnerships, corporations, or other
business entities for the purpose of financing an industrial
project, as defined in Section 801-10 of this Act. For the
purposes of such program and not by way of limitation on any

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other program of the Authority, including, without limitation,
programs established under subsection (i), the Authority shall
have the power to issue bonds, notes, or other evidences of
indebtedness including commercial paper for purposes of
providing a fund of capital from which it may make such loans.
The Authority shall have the power to use any appropriations
from the State made especially for the Authority's direct loan
program, or moneys at any time held by the Authority under this
Act outside the State treasury in the custody of either the
Treasurer of the Authority or a trustee or depository appointed
by the Authority, for additional capital to make such loans or
purchase such loan participations, or for the purposes of
reserve funds or pledged funds which secure the Authority's
obligations of repayment of any bond, note or other form of
indebtedness established for the purpose of providing capital
for which it intends to make such loans or purchase such loan
participations. For the purpose of obtaining such capital, the
Authority may also enter into agreements with financial
institutions, participating lenders, and other persons for the
purpose of administering a loan participation program, selling
loans or developing a secondary market for such loans or loan
participations. Loans made under the direct loan program
specifically established under this subsection (r), including
loans under such program made by participating lenders in which
the Authority purchases a participation, may be in an amount
not to exceed $600,000 and shall be made for a portion of an

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industrial project which does not exceed 50% of the total
project. No loan may be made by the Authority unless approved
by the affirmative vote of at least 8 members of the board. The
Authority shall establish procedures and publish rules which
shall provide for the submission, review, and analysis of each
direct loan and loan participation application and which shall
preserve the ability of each board member and the Executive
Director, as applicable, to reach an individual business
judgment regarding the propriety of each direct loan or loan
participation. The collective discretion of the board to
approve or disapprove each loan shall be unencumbered. The
Authority may establish and collect such fees and charges,
determine and enforce such terms and conditions, and charge
such interest rates as it determines to be necessary and
appropriate to the successful administration of the direct loan
program, including purchasing loan participations. The
Authority may require such interests in collateral and such
guarantees as it determines are necessary to protect the
Authority's interest in the repayment of the principal and
interest of each loan and loan participation made under the
direct loan program. The restrictions established under this
subsection (r) shall not be applicable to any loan or loan
participation made under subsection (i) or to any loan or loan
participation made under any other Section of this Act.
(s) The Authority may guarantee private loans to third
parties up to a specified dollar amount in order to promote

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economic development in this State.
(t) The Authority may adopt rules and regulations as may be
necessary or advisable to implement the powers conferred by
this Act.
(u) The Authority shall have the power to issue bonds,
notes or other evidences of indebtedness, which may be used to
make loans to units of local government which are authorized to
enter into loan agreements and other documents and to issue
bonds, notes and other evidences of indebtedness for the
purpose of financing the protection of storm sewer outfalls,
the construction of adequate storm sewer outfalls, and the
provision for flood protection of sanitary sewage treatment
plans, in counties that have established a stormwater
management planning committee in accordance with Section
5-1062 of the Counties Code. Any such loan shall be made by the
Authority pursuant to the provisions of Section 820-5 to 820-60
of this Act. The unit of local government shall pay back to the
Authority the principal amount of the loan, plus annual
interest as determined by the Authority. The Authority shall
have the power, subject to appropriations by the General
Assembly, to subsidize or buy down a portion of the interest on
such loans, up to 4% per annum.
(v) The Authority may accept security interests as provided
in Sections 11-3 and 11-3.3 of the Illinois Public Aid Code.
(w) Moral Obligation. In the event that the Authority
determines that monies of the Authority will not be sufficient

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for the payment of the principal of and interest on its bonds
during the next State fiscal year, the Chairperson, as soon as
practicable, shall certify to the Governor the amount required
by the Authority to enable it to pay such principal of and
interest on the bonds. The Governor shall submit the amount so
certified to the General Assembly as soon as practicable, but
no later than the end of the current State fiscal year. This
subsection shall apply only to any bonds or notes as to which
the Authority shall have determined, in the resolution
authorizing the issuance of the bonds or notes, that this
subsection shall apply. Whenever the Authority makes such a
determination, that fact shall be plainly stated on the face of
the bonds or notes and that fact shall also be reported to the
Governor. In the event of a withdrawal of moneys from a reserve
fund established with respect to any issue or issues of bonds
of the Authority to pay principal or interest on those bonds,
the Chairperson of the Authority, as soon as practicable, shall
certify to the Governor the amount required to restore the
reserve fund to the level required in the resolution or
indenture securing those bonds. The Governor shall submit the
amount so certified to the General Assembly as soon as
practicable, but no later than the end of the current State
fiscal year. The Authority shall obtain written approval from
the Governor for any bonds and notes to be issued under this
Section. In addition to any other bonds authorized to be issued
under Sections 825-60, 825-65(e), 830-25 and 845-5, the

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principal amount of Authority bonds outstanding issued under
this Section 801-40(w) or under 20 ILCS 3850/1-80 or 30 ILCS
360/2-6(c), which have been assumed by the Authority, shall not
exceed $150,000,000. This subsection (w) shall in no way be
applied to any bonds issued by the Authority on behalf of the
Illinois Power Agency under Section 825-90 of this Act.
(x) The Authority may enter into agreements or contracts
with any person necessary or appropriate to place the payment
obligations of the Authority under any of its bonds in whole or
in part on any interest rate basis, cash flow basis, or other
basis desired by the Authority, including without limitation
agreements or contracts commonly known as "interest rate swap
agreements", "forward payment conversion agreements", and
"futures", or agreements or contracts to exchange cash flows or
a series of payments, or agreements or contracts, including
without limitation agreements or contracts commonly known as
"options", "puts", or "calls", to hedge payment, rate spread,
or similar exposure; provided that any such agreement or
contract shall not constitute an obligation for borrowed money
and shall not be taken into account under Section 845-5 of this
Act or any other debt limit of the Authority or the State of
Illinois.
(y) The Authority shall publish summaries of projects and
actions approved by the members of the Authority on its
website. These summaries shall include, but not be limited to,
information regarding the:

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(1) project;
(2) Board's action or actions;
(3) purpose of the project;
(4) Authority's program and contribution;
(5) volume cap;
(6) jobs retained;
(7) projected new jobs;
(8) construction jobs created;
(9) estimated sources and uses of funds;
(10) financing summary;
(11) project summary;
(12) business summary;
(13) ownership or economic disclosure statement;
(14) professional and financial information;
(15) service area; and
(16) legislative district.
The disclosure of information pursuant to this subsection
shall comply with the Freedom of Information Act.
(z) The Authority may establish a program for the
innovative delivery of public purpose projects on behalf of
units of local government and school districts. The purposes of
the program shall include delivering public purpose projects
for better value over the useful life of the asset,
accelerating the delivery of public purpose projects, and
reducing long-term risk to units of local government and school
districts. The Authority may enter into intergovernmental

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agreements with units of local government and school districts
to undertake public purpose projects on behalf of those units
of local government or school districts. The Authority may
retain financial, technical, legal, and other professional
advisors in connection with the innovative delivery of public
purpose projects. The Authority may procure and enter into
development contracts with parties to deliver public purpose
projects, including some or all of the responsibility to
design, build, finance, operate, and maintain public purpose
projects for the term specified in the applicable development
contract. The Authority shall procure development contracts
through an open and competitive procurement conducted pursuant
to rules of the Authority and intended to achieve the purposes
of this program. In support of public purpose projects, the
Authority, units of local government, and school districts may
enter into, with each other and with other parties
participating in the public purpose projects, ground leases,
leases, and other contracts, agreements, and instruments,
including instruments to convey real property interests, and
may grant and enter into liens, encumbrances, pledges,
assignments, guarantees, and other security agreements and
instruments. The Authority may use its other powers under this
Act in support of public purpose projects undertaken pursuant
to this subsection.
(aa) The Authority may establish an infrastructure
revolving loan program for the purpose of financing and

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assisting in the delivery of public purpose projects. The
Authority may establish a special account or fund into or from
which it shall deposit the proceeds of any appropriations from
the State and any grants from the federal government or the
State, or any agency or instrumentality thereof, or any other
source for the program; deposit the proceeds derived from the
sale of bonds or loans made to raise funds for the program;
make loans in support of public purpose projects; deposit the
proceeds received from repayment of loans; and pay expenses
associated with implementation of the program. In addition to
those other powers provided under this Act, the Authority has
the continuing power to sell and refund bonds and to borrow to
raise funds for the program and to issue bonds, notes, and
other evidences of such indebtedness. The Authority may pledge
the revenues and receipts of the special account or fund
established for the program and grant such other specific
pledge, assignment, lien, or security interest for the benefit
of the holders of such bonds, notes, or other indebtedness. The
Authority may enter into loan agreements by which it agrees to
loan program funds for public purpose projects on terms and
conditions determined by the Authority. The Authority may
establish and collect such fees and charges, determine and
enforce such terms and conditions, and charge such interest
rates as it determines to be necessary and appropriate to the
successful administration of the program. The moneys deposited
into the special account or fund established for the program

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may be used only in support of the program for so long as the
program is established, subject to the applicable terms of any
appropriation from the State and any grant from or agreement
with the federal government or the State, or any agency or
instrumentality thereof, or any other source. The Authority may
use its other powers under this Act in support of public
purpose projects undertaken pursuant to this subsection.
(Source: P.A. 100-919, eff. 8-17-18.)
Section 10. The Illinois Procurement Code is amended by
changing Section 1-10 as follows:
(30 ILCS 500/1-10)
Sec. 1-10. Application.
(a) This Code applies only to procurements for which
bidders, offerors, potential contractors, or contractors were
first solicited on or after July 1, 1998. This Code shall not
be construed to affect or impair any contract, or any provision
of a contract, entered into based on a solicitation prior to
the implementation date of this Code as described in Article
99, including but not limited to any covenant entered into with
respect to any revenue bonds or similar instruments. All
procurements for which contracts are solicited between the
effective date of Articles 50 and 99 and July 1, 1998 shall be
substantially in accordance with this Code and its intent.
(b) This Code shall apply regardless of the source of the

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funds with which the contracts are paid, including federal
assistance moneys. This Code shall not apply to:
(1) Contracts between the State and its political
subdivisions or other governments, or between State
governmental bodies, except as specifically provided in
this Code.
(2) Grants, except for the filing requirements of
Section 20-80.
(3) Purchase of care, except as provided in Section
5-30.6 of the Illinois Public Aid Code and this Section.
(4) Hiring of an individual as employee and not as an
independent contractor, whether pursuant to an employment
code or policy or by contract directly with that
individual.
(5) Collective bargaining contracts.
(6) Purchase of real estate, except that notice of this
type of contract with a value of more than $25,000 must be
published in the Procurement Bulletin within 10 calendar
days after the deed is recorded in the county of
jurisdiction. The notice shall identify the real estate
purchased, the names of all parties to the contract, the
value of the contract, and the effective date of the
contract.
(7) Contracts necessary to prepare for anticipated
litigation, enforcement actions, or investigations,
provided that the chief legal counsel to the Governor shall

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give his or her prior approval when the procuring agency is
one subject to the jurisdiction of the Governor, and
provided that the chief legal counsel of any other
procuring entity subject to this Code shall give his or her
prior approval when the procuring entity is not one subject
to the jurisdiction of the Governor.
(8) (Blank).
(9) Procurement expenditures by the Illinois
Conservation Foundation when only private funds are used.
(10) (Blank).
(11) Public-private agreements entered into according
to the procurement requirements of Section 20 of the
Public-Private Partnerships for Transportation Act and
design-build agreements entered into according to the
procurement requirements of Section 25 of the
Public-Private Partnerships for Transportation Act.
(12) Contracts for legal, financial, and other
professional and artistic services entered into on or
before December 31, 2022 2018 by the Illinois Finance
Authority in which the State of Illinois is not obligated
and agreements and contracts authorized by subsection (z)
of Section 801-40 of the Illinois Finance Authority Act
entered into on or before December 31, 2022 by the Illinois
Finance Authority in which the State is not obligated. Such
contracts shall be awarded through a competitive process
authorized by the Board of the Illinois Finance Authority

HB2981 - 23 - LRB101 11166 TAE 56404 b
and are subject to Sections 5-30, 20-160, 50-13, 50-20,
50-35, and 50-37 of this Code, as well as the final
approval by the Board of the Illinois Finance Authority of
the terms of the contract.
(13) Contracts for services, commodities, and
equipment to support the delivery of timely forensic
science services in consultation with and subject to the
approval of the Chief Procurement Officer as provided in
subsection (d) of Section 5-4-3a of the Unified Code of
Corrections, except for the requirements of Sections
20-60, 20-65, 20-70, and 20-160 and Article 50 of this
Code; however, the Chief Procurement Officer may, in
writing with justification, waive any certification
required under Article 50 of this Code. For any contracts
for services which are currently provided by members of a
collective bargaining agreement, the applicable terms of
the collective bargaining agreement concerning
subcontracting shall be followed.
On and after January 1, 2019, this paragraph (13),
except for this sentence, is inoperative.
(14) Contracts for participation expenditures required
by a domestic or international trade show or exhibition of
an exhibitor, member, or sponsor.
(15) Contracts with a railroad or utility that requires
the State to reimburse the railroad or utilities for the
relocation of utilities for construction or other public

HB2981 - 24 - LRB101 11166 TAE 56404 b
purpose. Contracts included within this paragraph (15)
shall include, but not be limited to, those associated
with: relocations, crossings, installations, and
maintenance. For the purposes of this paragraph (15),
"railroad" means any form of non-highway ground
transportation that runs on rails or electromagnetic
guideways and "utility" means: (1) public utilities as
defined in Section 3-105 of the Public Utilities Act, (2)
telecommunications carriers as defined in Section 13-202
of the Public Utilities Act, (3) electric cooperatives as
defined in Section 3.4 of the Electric Supplier Act, (4)
telephone or telecommunications cooperatives as defined in
Section 13-212 of the Public Utilities Act, (5) rural water
or waste water systems with 10,000 connections or less, (6)
a holder as defined in Section 21-201 of the Public
Utilities Act, and (7) municipalities owning or operating
utility systems consisting of public utilities as that term
is defined in Section 11-117-2 of the Illinois Municipal
Code.
(16) Procurement expenditures necessary for the
Department of Public Health to provide the delivery of
timely newborn screening services in accordance with the
Newborn Metabolic Screening Act.
(17) (16) Procurement expenditures necessary for the
Department of Agriculture, the Department of Financial and
Professional Regulation, the Department of Human Services,

HB2981 - 25 - LRB101 11166 TAE 56404 b
and the Department of Public Health to implement the
Compassionate Use of Medical Cannabis Pilot Program and
Opioid Alternative Pilot Program requirements and ensure
access to medical cannabis for patients with debilitating
medical conditions in accordance with the Compassionate
Use of Medical Cannabis Pilot Program Act.
Notwithstanding any other provision of law, for contracts
entered into on or after October 1, 2017 under an exemption
provided in any paragraph of this subsection (b), except
paragraph (1), (2), or (5), each State agency shall post to the
appropriate procurement bulletin the name of the contractor, a
description of the supply or service provided, the total amount
of the contract, the term of the contract, and the exception to
the Code utilized. The chief procurement officer shall submit a
report to the Governor and General Assembly no later than
November 1 of each year that shall include, at a minimum, an
annual summary of the monthly information reported to the chief
procurement officer.
(c) This Code does not apply to the electric power
procurement process provided for under Section 1-75 of the
Illinois Power Agency Act and Section 16-111.5 of the Public
Utilities Act.
(d) Except for Section 20-160 and Article 50 of this Code,
and as expressly required by Section 9.1 of the Illinois
Lottery Law, the provisions of this Code do not apply to the
procurement process provided for under Section 9.1 of the

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Illinois Lottery Law.
(e) This Code does not apply to the process used by the
Capital Development Board to retain a person or entity to
assist the Capital Development Board with its duties related to
the determination of costs of a clean coal SNG brownfield
facility, as defined by Section 1-10 of the Illinois Power
Agency Act, as required in subsection (h-3) of Section 9-220 of
the Public Utilities Act, including calculating the range of
capital costs, the range of operating and maintenance costs, or
the sequestration costs or monitoring the construction of clean
coal SNG brownfield facility for the full duration of
construction.
(f) (Blank).
(g) (Blank).
(h) This Code does not apply to the process to procure or
contracts entered into in accordance with Sections 11-5.2 and
11-5.3 of the Illinois Public Aid Code.
(i) Each chief procurement officer may access records
necessary to review whether a contract, purchase, or other
expenditure is or is not subject to the provisions of this
Code, unless such records would be subject to attorney-client
privilege.
(j) This Code does not apply to the process used by the
Capital Development Board to retain an artist or work or works
of art as required in Section 14 of the Capital Development
Board Act.

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(k) This Code does not apply to the process to procure
contracts, or contracts entered into, by the State Board of
Elections or the State Electoral Board for hearing officers
appointed pursuant to the Election Code.
(l) This Code does not apply to the processes used by the
Illinois Student Assistance Commission to procure supplies and
services paid for from the private funds of the Illinois
Prepaid Tuition Fund. As used in this subsection (l), "private
funds" means funds derived from deposits paid into the Illinois
Prepaid Tuition Trust Fund and the earnings thereon.
(Source: P.A. 99-801, eff. 1-1-17; 100-43, eff. 8-9-17;
100-580, eff. 3-12-18; 100-757, eff. 8-10-18; 100-1114, eff.
8-28-18; revised 10-18-18.)
(30 ILCS 750/9-11 rep.)
Section 15. The Build Illinois Act is amended by repealing
Section 9-11.
Section 20. The Illinois Income Tax Act is amended by
adding Section 229 as follows:
(35 ILCS 5/229 new)
Sec. 229. Railroad track maintenance credit.
(a) For tax years ending on or after December 31, 2019, a
taxpayer who is an eligible taxpayer under Section 45G of the
Internal Revenue Code is entitled to a credit against the taxes

HB2981 - 28 - LRB101 11166 TAE 56404 b
imposed under subsections (a) and (b) of Section 201 of this
Act in an amount equal to 50% of the qualified railroad track
maintenance expenditures. For purposes of this Section,
"qualified railroad track maintenance expenditures" means
qualifying expenditures defined for the federal railroad track
maintenance credit that would be allowable under section 45G of
the Internal Revenue Code and are conducted in this State.
(b) If the taxpayer is a partnership or Subchapter S
corporation, the credit is allowed to the partners or
shareholders in accordance with the determination of income and
distributive share of income under Sections 702 and 704 and
Subchapter S of the Internal Revenue Code. A transfer of this
credit may be made by the taxpayer earning the credit within
one year after the credit is earned in accordance with rules
adopted by the Department. The Department shall prescribe rules
to enforce and administer provisions of this Section. If the
amount of the credit exceeds the tax liability for the year,
then the excess credit may be carried forward and applied to
the tax liability of the 5 taxable years following the excess
credit year. The credit shall be applied to the earliest year
for which there is a tax liability. If there are credits from
more than one tax year that are available to offset a
liability, the earlier credit shall be applied first. In no
event shall a credit under this Section reduce the taxpayer's
liability to less than zero.

HB2981 - 29 - LRB101 11166 TAE 56404 b
Section 25. The Property Tax Code is amended by adding
Section 15-57 as follows:
(35 ILCS 200/15-57 new)
Sec. 15-57. Public purpose project property.
Notwithstanding anything to the contrary in this Code, all
property owned or leased by the Illinois Finance Authority, a
unit of local government, or a school district and that is used
and leased, pursuant to subsection (z) of Section 801-40 of the
Illinois Finance Authority Act, for a public purpose project to
another party whose property is not exempt shall remain exempt,
and any leasehold interest in the property shall not be subject
to taxation under Section 9-195 of this Code.
Section 30. The Metropolitan Transit Authority Act is
amended by changing Section 52 as follows:
(70 ILCS 3605/52)
Sec. 52. Transit services for individuals with
disabilities. Notwithstanding any law to the contrary, no later
than 60 days following the effective date of this amendatory
Act of the 95th General Assembly, all fixed route public
transportation services provided by, or under grant or purchase
of service contract of, the Board may be offered, at the
discretion of the Board, shall be provided without charge to
all persons with disabilities who meet the income eligibility

HB2981 - 30 - LRB101 11166 TAE 56404 b
limitation set forth in subsection (a-5) of Section 4 of the
Senior Citizens and Persons with Disabilities Property Tax
Relief Act, under such procedures as shall be prescribed by the
Board. The Department on Aging shall furnish all information
reasonably necessary to determine eligibility, including
updated lists of individuals who are eligible for services
without charge under this Section.
(Source: P.A. 99-143, eff. 7-27-15.)
Section 35. The Regional Transportation Authority Act is
amended by changing Sections 3A.16, 3B.15, and 4.04 as follows:
(70 ILCS 3615/3A.16)
Sec. 3A.16. Transit services for individuals with
disabilities. Notwithstanding any law to the contrary, no later
than 60 days following the effective date of this amendatory
Act of the 95th General Assembly, all fixed route public
transportation services provided by, or under grant or purchase
of service contract of, the Suburban Bus Board may shall be
offered, at the discretion of the Board, provided without
charge to all persons with disabilities who meet the income
eligibility limitation set forth in subsection (a-5) of Section
4 of the Senior Citizens and Persons with Disabilities Property
Tax Relief Act, under such procedures as shall be prescribed by
the Board. The Department on Aging shall furnish all
information reasonably necessary to determine eligibility,

HB2981 - 31 - LRB101 11166 TAE 56404 b
including updated lists of individuals who are eligible for
services without charge under this Section.
(Source: P.A. 99-143, eff. 7-27-15.)
(70 ILCS 3615/3B.15)
Sec. 3B.15. Transit services for individuals with
disabilities. Notwithstanding any law to the contrary, no later
than 60 days following the effective date of this amendatory
Act of the 95th General Assembly, all fixed route public
transportation services provided by, or under grant or purchase
of service contract of, the Commuter Rail Board may shall be
offered, at the discretion of the Board, provided without
charge to all persons with disabilities who meet the income
eligibility limitation set forth in subsection (a-5) of Section
4 of the Senior Citizens and Persons with Disabilities Property
Tax Relief Act, under such procedures as shall be prescribed by
the Board. The Department on Aging shall furnish all
information reasonably necessary to determine eligibility,
including updated lists of individuals who are eligible for
services without charge under this Section.
(Source: P.A. 99-143, eff. 7-27-15.)
(70 ILCS 3615/4.04) (from Ch. 111 2/3, par. 704.04)
Sec. 4.04. Issuance and Pledge of Bonds and Notes.
(a) The Authority shall have the continuing power to borrow
money and to issue its negotiable bonds or notes as provided in

HB2981 - 32 - LRB101 11166 TAE 56404 b
this Section. Unless otherwise indicated in this Section, the
term "notes" also includes bond anticipation notes, which are
notes which by their terms provide for their payment from the
proceeds of bonds thereafter to be issued. Bonds or notes of
the Authority may be issued for any or all of the following
purposes: to pay costs to the Authority or a Service Board of
constructing or acquiring any public transportation facilities
(including funds and rights relating thereto, as provided in
Section 2.05 of this Act); to repay advances to the Authority
or a Service Board made for such purposes; to pay other
expenses of the Authority or a Service Board incident to or
incurred in connection with such construction or acquisition;
to provide funds for any transportation agency to pay principal
of or interest or redemption premium on any bonds or notes,
whether as such amounts become due or by earlier redemption,
issued prior to the date of this amendatory Act by such
transportation agency to construct or acquire public
transportation facilities or to provide funds to purchase such
bonds or notes; and to provide funds for any transportation
agency to construct or acquire any public transportation
facilities, to repay advances made for such purposes, and to
pay other expenses incident to or incurred in connection with
such construction or acquisition; and to provide funds for
payment of obligations, including the funding of reserves,
under any self-insurance plan or joint self-insurance pool or
entity.

HB2981 - 33 - LRB101 11166 TAE 56404 b
In addition to any other borrowing as may be authorized by
this Section, the Authority may issue its notes, from time to
time, in anticipation of tax receipts of the Authority or of
other revenues or receipts of the Authority, in order to
provide money for the Authority or the Service Boards to cover
any cash flow deficit which the Authority or a Service Board
anticipates incurring. Any such notes are referred to in this
Section as "Working Cash Notes". No Working Cash Notes shall be
issued for a term of longer than 24 months. Proceeds of Working
Cash Notes may be used to pay day to day operating expenses of
the Authority or the Service Boards, consisting of wages,
salaries and fringe benefits, professional and technical
services (including legal, audit, engineering and other
consulting services), office rental, furniture, fixtures and
equipment, insurance premiums, claims for self-insured amounts
under insurance policies, public utility obligations for
telephone, light, heat and similar items, travel expenses,
office supplies, postage, dues, subscriptions, public hearings
and information expenses, fuel purchases, and payments of
grants and payments under purchase of service agreements for
operations of transportation agencies, prior to the receipt by
the Authority or a Service Board from time to time of funds for
paying such expenses. In addition to any Working Cash Notes
that the Board of the Authority may determine to issue, the
Suburban Bus Board, the Commuter Rail Board or the Board of the
Chicago Transit Authority may demand and direct that the

HB2981 - 34 - LRB101 11166 TAE 56404 b
Authority issue its Working Cash Notes in such amounts and
having such maturities as the Service Board may determine.
Notwithstanding any other provision of this Act, any
amounts necessary to pay principal of and interest on any
Working Cash Notes issued at the demand and direction of a
Service Board or any Working Cash Notes the proceeds of which
were used for the direct benefit of a Service Board or any
other Bonds or Notes of the Authority the proceeds of which
were used for the direct benefit of a Service Board shall
constitute a reduction of the amount of any other funds
provided by the Authority to that Service Board. The Authority
shall, after deducting any costs of issuance, tender the net
proceeds of any Working Cash Notes issued at the demand and
direction of a Service Board to such Service Board as soon as
may be practicable after the proceeds are received. The
Authority may also issue notes or bonds to pay, refund or
redeem any of its notes and bonds, including to pay redemption
premiums or accrued interest on such bonds or notes being
renewed, paid or refunded, and other costs in connection
therewith. The Authority may also utilize the proceeds of any
such bonds or notes to pay the legal, financial, administrative
and other expenses of such authorization, issuance, sale or
delivery of bonds or notes or to provide or increase a debt
service reserve fund with respect to any or all of its bonds or
notes. The Authority may also issue and deliver its bonds or
notes in exchange for any public transportation facilities,

HB2981 - 35 - LRB101 11166 TAE 56404 b
(including funds and rights relating thereto, as provided in
Section 2.05 of this Act) or in exchange for outstanding bonds
or notes of the Authority, including any accrued interest or
redemption premium thereon, without advertising or submitting
such notes or bonds for public bidding.
(b) The ordinance providing for the issuance of any such
bonds or notes shall fix the date or dates of maturity, the
dates on which interest is payable, any sinking fund account or
reserve fund account provisions and all other details of such
bonds or notes and may provide for such covenants or agreements
necessary or desirable with regard to the issue, sale and
security of such bonds or notes. The rate or rates of interest
on its bonds or notes may be fixed or variable and the
Authority shall determine or provide for the determination of
the rate or rates of interest of its bonds or notes issued
under this Act in an ordinance adopted by the Authority prior
to the issuance thereof, none of which rates of interest shall
exceed that permitted in the Bond Authorization Act. Interest
may be payable at such times as are provided for by the Board.
Bonds and notes issued under this Section may be issued as
serial or term obligations, shall be of such denomination or
denominations and form, including interest coupons to be
attached thereto, be executed in such manner, shall be payable
at such place or places and bear such date as the Authority
shall fix by the ordinance authorizing such bond or note and
shall mature at such time or times, within a period not to

HB2981 - 36 - LRB101 11166 TAE 56404 b
exceed forty years from the date of issue, and may be
redeemable prior to maturity with or without premium, at the
option of the Authority, upon such terms and conditions as the
Authority shall fix by the ordinance authorizing the issuance
of such bonds or notes. No bond anticipation note or any
renewal thereof shall mature at any time or times exceeding 5
years from the date of the first issuance of such note. The
Authority may provide for the registration of bonds or notes in
the name of the owner as to the principal alone or as to both
principal and interest, upon such terms and conditions as the
Authority may determine. The ordinance authorizing bonds or
notes may provide for the exchange of such bonds or notes which
are fully registered, as to both principal and interest, with
bonds or notes which are registerable as to principal only. All
bonds or notes issued under this Section by the Authority other
than those issued in exchange for property or for bonds or
notes of the Authority shall be sold at a price which may be at
a premium or discount but such that the interest cost
(excluding any redemption premium) to the Authority of the
proceeds of an issue of such bonds or notes, computed to stated
maturity according to standard tables of bond values, shall not
exceed that permitted in the Bond Authorization Act. The
Authority shall notify the Governor's Office of Management and
Budget and the State Comptroller at least 30 days before any
bond sale and shall file with the Governor's Office of
Management and Budget and the State Comptroller a certified

HB2981 - 37 - LRB101 11166 TAE 56404 b
copy of any ordinance authorizing the issuance of bonds at or
before the issuance of the bonds. After December 31, 1994, any
such bonds or notes shall be sold to the highest and best
bidder on sealed bids as the Authority shall deem. As such
bonds or notes are to be sold the Authority shall advertise for
proposals to purchase the bonds or notes which advertisement
shall be published at least once in a daily newspaper of
general circulation published in the metropolitan region at
least 10 days before the time set for the submission of bids.
The Authority shall have the right to reject any or all bids.
Notwithstanding any other provisions of this Section, Working
Cash Notes or bonds or notes to provide funds for
self-insurance or a joint self-insurance pool or entity may be
sold either upon competitive bidding or by negotiated sale
(without any requirement of publication of intention to
negotiate the sale of such Notes), as the Board shall determine
by ordinance adopted with the affirmative votes of at least 9
Directors. In case any officer whose signature appears on any
bonds, notes or coupons authorized pursuant to this Section
shall cease to be such officer before delivery of such bonds or
notes, such signature shall nevertheless be valid and
sufficient for all purposes, the same as if such officer had
remained in office until such delivery. Neither the Directors
of the Authority nor any person executing any bonds or notes
thereof shall be liable personally on any such bonds or notes
or coupons by reason of the issuance thereof.

HB2981 - 38 - LRB101 11166 TAE 56404 b
(c) All bonds or notes of the Authority issued pursuant to
this Section shall be general obligations of the Authority to
which shall be pledged the full faith and credit of the
Authority, as provided in this Section. Such bonds or notes
shall be secured as provided in the authorizing ordinance,
which may, notwithstanding any other provision of this Act,
include in addition to any other security, a specific pledge or
assignment of and lien on or security interest in any or all
tax receipts of the Authority and on any or all other revenues
or moneys of the Authority from whatever source, which may by
law be utilized for debt service purposes and a specific pledge
or assignment of and lien on or security interest in any funds
or accounts established or provided for by the ordinance of the
Authority authorizing the issuance of such bonds or notes. Any
such pledge, assignment, lien or security interest for the
benefit of holders of bonds or notes of the Authority shall be
valid and binding from the time the bonds or notes are issued
without any physical delivery or further act and shall be valid
and binding as against and prior to the claims of all other
parties having claims of any kind against the Authority or any
other person irrespective of whether such other parties have
notice of such pledge, assignment, lien or security interest.
The obligations of the Authority incurred pursuant to this
Section shall be superior to and have priority over any other
obligations of the Authority.
The Authority may provide in the ordinance authorizing the

HB2981 - 39 - LRB101 11166 TAE 56404 b
issuance of any bonds or notes issued pursuant to this Section
for the creation of, deposits in, and regulation and
disposition of sinking fund or reserve accounts relating to
such bonds or notes. The ordinance authorizing the issuance of
any bonds or notes pursuant to this Section may contain
provisions as part of the contract with the holders of the
bonds or notes, for the creation of a separate fund to provide
for the payment of principal and interest on such bonds or
notes and for the deposit in such fund from any or all the tax
receipts of the Authority and from any or all such other moneys
or revenues of the Authority from whatever source which may by
law be utilized for debt service purposes, all as provided in
such ordinance, of amounts to meet the debt service
requirements on such bonds or notes, including principal and
interest, and any sinking fund or reserve fund account
requirements as may be provided by such ordinance, and all
expenses incident to or in connection with such fund and
accounts or the payment of such bonds or notes. Such ordinance
may also provide limitations on the issuance of additional
bonds or notes of the Authority. No such bonds or notes of the
Authority shall constitute a debt of the State of Illinois.
Nothing in this Act shall be construed to enable the Authority
to impose any ad valorem tax on property.
(d) The ordinance of the Authority authorizing the issuance
of any bonds or notes may provide additional security for such
bonds or notes by providing for appointment of a corporate

HB2981 - 40 - LRB101 11166 TAE 56404 b
trustee (which may be any trust company or bank having the
powers of a trust company within the state) with respect to
such bonds or notes. The ordinance shall prescribe the rights,
duties and powers of the trustee to be exercised for the
benefit of the Authority and the protection of the holders of
such bonds or notes. The ordinance may provide for the trustee
to hold in trust, invest and use amounts in funds and accounts
created as provided by the ordinance with respect to the bonds
or notes. The ordinance may provide for the assignment and
direct payment to the trustee of any or all amounts produced
from the sources provided in Section 4.03 and Section 4.09 of
this Act and provided in Section 6z-17 of "An Act in relation
to State finance", approved June 10, 1919, as amended. Upon
receipt of notice of any such assignment, the Department of
Revenue and the Comptroller of the State of Illinois shall
thereafter, notwithstanding the provisions of Section 4.03 and
Section 4.09 of this Act and Section 6z-17 of "An Act in
relation to State finance", approved June 10, 1919, as amended,
provide for such assigned amounts to be paid directly to the
trustee instead of the Authority, all in accordance with the
terms of the ordinance making the assignment. The ordinance
shall provide that amounts so paid to the trustee which are not
required to be deposited, held or invested in funds and
accounts created by the ordinance with respect to bonds or
notes or used for paying bonds or notes to be paid by the
trustee to the Authority.

HB2981 - 41 - LRB101 11166 TAE 56404 b
(e) Any bonds or notes of the Authority issued pursuant to
this Section shall constitute a contract between the Authority
and the holders from time to time of such bonds or notes. In
issuing any bond or note, the Authority may include in the
ordinance authorizing such issue a covenant as part of the
contract with the holders of the bonds or notes, that as long
as such obligations are outstanding, it shall make such
deposits, as provided in paragraph (c) of this Section. It may
also so covenant that it shall impose and continue to impose
taxes, as provided in Section 4.03 of this Act and in addition
thereto as subsequently authorized by law, sufficient to make
such deposits and pay the principal and interest and to meet
other debt service requirements of such bonds or notes as they
become due. A certified copy of the ordinance authorizing the
issuance of any such obligations shall be filed at or prior to
the issuance of such obligations with the Comptroller of the
State of Illinois and the Illinois Department of Revenue.
(f) The State of Illinois pledges to and agrees with the
holders of the bonds and notes of the Authority issued pursuant
to this Section that the State will not limit or alter the
rights and powers vested in the Authority by this Act so as to
impair the terms of any contract made by the Authority with
such holders or in any way impair the rights and remedies of
such holders until such bonds and notes, together with interest
thereon, with interest on any unpaid installments of interest,
and all costs and expenses in connection with any action or

HB2981 - 42 - LRB101 11166 TAE 56404 b
proceedings by or on behalf of such holders, are fully met and
discharged. In addition, the State pledges to and agrees with
the holders of the bonds and notes of the Authority issued
pursuant to this Section that the State will not limit or alter
the basis on which State funds are to be paid to the Authority
as provided in this Act, or the use of such funds, so as to
impair the terms of any such contract. The Authority is
authorized to include these pledges and agreements of the State
in any contract with the holders of bonds or notes issued
pursuant to this Section.
(g)(1) Except as provided in subdivisions (g)(2) and (g)(3)
of Section 4.04 of this Act, the Authority shall not at any
time issue, sell, or deliver any bonds or notes (other than
Working Cash Notes and lines of credit) pursuant to this
Section 4.04 which will cause it to have issued and outstanding
at any time in excess of $800,000,000 of such bonds and notes
(other than Working Cash Notes and lines of credit). The
Authority shall not issue, sell, or deliver any Working Cash
Notes or establish a line of credit pursuant to this Section
that will cause it to have issued and outstanding at any time
in excess of $100,000,000. However, the Authority may issue,
sell, and deliver additional Working Cash Notes or establish a
line of credit before July 1, 2020 2018 that are over and above
and in addition to the $100,000,000 authorization such that the
outstanding amount of these additional Working Cash Notes and
lines of credit do does not exceed at any time $300,000,000.

HB2981 - 43 - LRB101 11166 TAE 56404 b
Bonds or notes which are being paid or retired by such
issuance, sale, or delivery of bonds or notes, and bonds or
notes for which sufficient funds have been deposited with the
paying agency of such bonds or notes to provide for payment of
principal and interest thereon or to provide for the redemption
thereof, all pursuant to the ordinance authorizing the issuance
of such bonds or notes, shall not be considered to be
outstanding for the purposes of this subsection.
(2) In addition to the authority provided by paragraphs (1)
and (3), the Authority is authorized to issue, sell and deliver
bonds or notes for Strategic Capital Improvement Projects
approved pursuant to Section 4.13 as follows:
$100,000,000 is authorized to be issued on or after
January 1, 1990;
an additional $100,000,000 is authorized to be issued
on or after January 1, 1991;
an additional $100,000,000 is authorized to be issued
on or after January 1, 1992;
an additional $100,000,000 is authorized to be issued
on or after January 1, 1993;
an additional $100,000,000 is authorized to be issued
on or after January 1, 1994; and
the aggregate total authorization of bonds and notes
for Strategic Capital Improvement Projects as of January 1,
1994, shall be $500,000,000.
The Authority is also authorized to issue, sell, and

HB2981 - 44 - LRB101 11166 TAE 56404 b
deliver bonds or notes in such amounts as are necessary to
provide for the refunding or advance refunding of bonds or
notes issued for Strategic Capital Improvement Projects under
this subdivision (g)(2), provided that no such refunding bond
or note shall mature later than the final maturity date of the
series of bonds or notes being refunded, and provided further
that the debt service requirements for such refunding bonds or
notes in the current or any future fiscal year shall not exceed
the debt service requirements for that year on the refunded
bonds or notes.
(3) In addition to the authority provided by paragraphs (1)
and (2), the Authority is authorized to issue, sell, and
deliver bonds or notes for Strategic Capital Improvement
Projects approved pursuant to Section 4.13 as follows:
$260,000,000 is authorized to be issued on or after
January 1, 2000;
an additional $260,000,000 is authorized to be issued
on or after January 1, 2001;
an additional $260,000,000 is authorized to be issued
on or after January 1, 2002;
an additional $260,000,000 is authorized to be issued
on or after January 1, 2003;
an additional $260,000,000 is authorized to be issued
on or after January 1, 2004; and
the aggregate total authorization of bonds and notes
for Strategic Capital Improvement Projects pursuant to

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this paragraph (3) as of January 1, 2004 shall be
$1,300,000,000.
The Authority is also authorized to issue, sell, and
deliver bonds or notes in such amounts as are necessary to
provide for the refunding or advance refunding of bonds or
notes issued for Strategic Capital Improvement projects under
this subdivision (g)(3), provided that no such refunding bond
or note shall mature later than the final maturity date of the
series of bonds or notes being refunded, and provided further
that the debt service requirements for such refunding bonds or
notes in the current or any future fiscal year shall not exceed
the debt service requirements for that year on the refunded
bonds or notes.
(h) The Authority, subject to the terms of any agreements
with noteholders or bond holders as may then exist, shall have
power, out of any funds available therefor, to purchase notes
or bonds of the Authority, which shall thereupon be cancelled.
(i) In addition to any other authority granted by law, the
State Treasurer may, with the approval of the Governor, invest
or reinvest, at a price not to exceed par, any State money in
the State Treasury which is not needed for current expenditures
due or about to become due in Working Cash Notes.
(j)(1) The Authority may establish a line of credit with a
bank or other financial institution (as may be evidenced by the
issuance of notes or other obligations), secured by and payable
from all tax receipts of the Authority and any or all other

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revenues or moneys of the Authority, in an amount not to exceed
the limitations set forth in subsection (g)(1). Money so
borrowed shall be used to provide money for the Authority or
the Service Boards to cover any cash flow deficit which the
Authority or a Service Board anticipates incurring, and shall
be repaid within 24 months.
(2) Before establishing a line of credit under this
Section, the Authority shall authorize the line of credit by
ordinance. The ordinance shall set forth facts demonstrating
the need for the line of credit, state the amount to be
borrowed, establish a maximum interest rate limit not to exceed
the maximum rate authorized by the Bond Authorization Act, and
provide a date by which the borrowed funds shall be repaid. The
ordinance shall authorize and direct the relevant officials to
make arrangements to set apart and hold, as applicable, the
moneys that will be used to repay the borrowing. In addition,
the ordinance may authorize the relevant officials to make
partial repayments on the line of credit as the moneys become
available and may contain any other terms, restrictions, or
limitations desirable or necessary to give effect to this
subsection (j).
(3) The Authority shall notify the Governor's Office of
Management and Budget and the State Comptroller at least 30
days before establishing a line of credit and shall file with
the Governor's Office of Management and Budget and the State
Comptroller a certified copy of any ordinance authorizing the

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establishment of a line of credit at or before establishing the
line of credit.
(4) Money borrowed under a line of credit pursuant to this
subsection (j) shall be general obligations of the Authority to
which shall be pledged the full faith and credit of the
Authority.
(Source: P.A. 98-392, eff. 8-16-13; 99-238, eff. 8-3-15.)
Section 40. The Public Utilities Act is amended by adding
Section 9-211.5 as follows:
(220 ILCS 5/9-211.5 new)
Sec. 9-211.5. Recovery of water and wastewater service
revenue requirements. A public utility that provides both water
and wastewater service may request in a general rate proceeding
that the Commission allocate a portion of the public utility's
water service revenue requirement for recovery through
wastewater base rates or allocate a portion of the public
utility's wastewater revenue requirement for recovery through
water base rates, and, if requested, the Commission may approve
the allocation if it can be shown to be in the public interest.
Section 45. The Illinois Highway Code is amended by adding
Sections 4-304, 4-305, 5-111, 5-112, 6-140, 6-145, 7-302, and
7-303 as follows:

HB2981 - 48 - LRB101 11166 TAE 56404 b
(605 ILCS 5/4-304 new)
Sec. 4-304. Transportation efficiency report. Every 2
years, the Illinois Department of Transportation shall compile
and deliver a report on efficiencies implemented in the
previous fiscal years in planning and project management and
delivery, along with an explanation of the efficiencies
employed to achieve the savings and the methodology used in the
calculations. The level of savings achieved must equal, in
comparison with the total State transportation construction
budget for those years, a minimum of 5% in each fiscal year.
The report must identify the projects that have been advanced
or completed due to the implementation of efficiency measures.
The report shall be delivered to the General Assembly every
even-numbered year by April 1, beginning April 1, 2020.
(605 ILCS 5/4-305 new)
Sec. 4-305. Transportation asset list. The Secretary of
Transportation shall compile a list of assets that contains
information on transportation assets within this State,
including the age of each asset, the annual maintenance
schedule, the year of last major reconstruction, and any future
construction related to improving or enhancing the assets.
The Illinois Department of Transportation, Illinois State
Toll Highway Authority, county, municipal, and township road
districts shall use this information to better align, plan,
design, and coordinate construction and repair of

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transportation assets within this State.
The report shall be delivered to the General Assembly by
April 1 of every year, beginning with April 1, 2020.
(605 ILCS 5/5-111 new)
Sec. 5-111. County efficiencies report. Every 2 years, each
county shall compile and make public a report on efficiencies
implemented in the previous fiscal years in planning and
project management and delivery, along with an explanation of
the efficiencies employed to achieve the savings and the
methodology used in the calculations. The level of savings
achieved must equal, in comparison with the total government
transportation construction budget for those years, a minimum
of 5% over those fiscal years. The report must identify the
projects that have been advanced or completed due to the
implementation of efficiency measures.
(605 ILCS 5/5-112 new)
Sec. 5-112. Transportation asset report. Every 2 years,
each county shall compile and submit to the Department a list
of transportation assets that includes age of each asset, the
annual maintenance schedule, the year of last major
reconstruction, and any future construction related to
improving or enhancing the asset.
This list shall be made publicly accessible by April 1 of
every even-numbered year, beginning with April 1, 2020.

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(605 ILCS 5/6-140 new)
Sec. 6-140. Townships efficiencies report. Each township
shall compile and make public a report every 4 years on
efficiencies implemented in the previous fiscal years in
planning and project management and delivery, along with an
explanation of the efficiencies employed to achieve the savings
and the methodology used in the calculations. The level of
savings achieved must equal, in comparison with the total
government transportation construction budget for those years,
a minimum of 5% over those fiscal years. The report must
identify the projects that have been advanced or completed due
to the implementation of efficiency measures.
A township is exempt from this requirement if it has
abolished the road district of that township.
This report shall be made publicly accessible by April 1 of
every fourth year, beginning April 1, 2020.
(605 ILCS 5/6-145 new)
Sec. 6-145. Townships transportation assets list. Every 2
years, each township shall compile and submit to the Department
a list of transportation assets that includes the age of the
assets, annual maintenance schedule, year of last major
reconstruction, and any future construction related to
improving or enhancing the assets.
A township is exempt from this requirement if it has

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abolished the road district of that township.
This list shall be made publicly accessible by April 1 of
every even-numbered year, beginning April 1, 2020.
(605 ILCS 5/7-302 new)
Sec. 7-302. Municipalities efficiencies report. Each
municipality shall compile and make public a report every 4
years on efficiencies implemented in the previous fiscal years
in planning and project management and delivery, along with an
explanation of the efficiencies employed to achieve the savings
and the methodology used in the calculations. The level of
savings achieved must equal, in comparison with the total
government transportation construction budget for those years,
a minimum of 5% over those fiscal years. The report must
identify the projects that have been advanced or completed due
to the implementation of efficiency measures.
A municipality is exempt from this requirement if it has
abolished the road district of that municipality.
This report shall be made publicly accessible by April 1 of
every fourth year, beginning April 1, 2020.
(605 ILCS 5/7-303 new)
Sec. 7-303. Assets list; municipalities. Every 2 years,
each municipality shall compile and submit to the Department a
list of transportation assets that includes the age of the
assets, annual maintenance schedule, year of last major

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reconstruction, and any future construction related to
improving or enhancing the assets.
A municipality is exempt from this requirement if it has
abolished the road district of that municipality.
This list shall be made publicly accessible by April 1 of
every odd-numbered year, beginning April 1, 2020.
Section 50. The Toll Highway Act is amended by adding
Sections 23.1 and 23.2 as follows:
(605 ILCS 10/23.1 new)
Sec. 23.1. Authority efficiencies report. Every 2 years,
the Authority shall compile and deliver a report on
efficiencies implemented in the previous fiscal years in
planning and project management and delivery, along with an
explanation of the efficiencies employed to achieve the savings
and the methodology used in the calculations. The level of
savings achieved must equal, in comparison with the total State
transportation construction budget for those years, a minimum
of 5% in each fiscal year. The report must identify the
projects that have been advanced or completed due to the
implementation of efficiency measures.
The report shall be delivered to the General Assembly by
April 1 of every odd-numbered year, beginning April 1, 2019.
(605 ILCS 10/23.2 new)

HB2981 - 53 - LRB101 11166 TAE 56404 b
Sec. 23.2. Authority transportation assets list. Every 2
years, the Authority shall compile and deliver a list of
transportation assets that includes the age of the assets,
annual maintenance schedule, year of last major
reconstruction, and any future construction related to
improving or enhancing the assets.
The list shall be delivered to the General Assembly by
April 1 of every odd-numbered year, beginning April 1, 2019.
Section 55. The Illinois Vehicle Code is amended by
changing Section 3-805 as follows:
(625 ILCS 5/3-805) (from Ch. 95 1/2, par. 3-805)
Sec. 3-805. Electric vehicles. The owner of a motor
vehicle of the first division or a motor vehicle of the second
division weighing 8,000 pounds or less propelled by an electric
engine and not utilizing motor fuel, may register such vehicle
for the registration period and fee for non-electric motor
vehicles under Section 3-806 a fee not to exceed $35 for a
2-year registration period. The Secretary may, in his
discretion, prescribe that electric vehicle registration
plates be issued for an indefinite term, such term to
correspond to the term of registration plates issued generally,
as provided in Section 3-414.1. In no event may the
registration fee for electric vehicles exceed $18 per
registration year.

HB2981 - 54 - LRB101 11166 TAE 56404 b
(Source: P.A. 96-1135, eff. 7-21-10.)
Section 60. The Public-Private Partnerships for
Transportation Act is amended by changing Section 15 as
follows:
(630 ILCS 5/15)
Sec. 15. Formation of public-private agreements; project
planning.
(a) Each transportation agency may exercise the powers
granted by this Act to do some or all to develop, finance, and
operate any part of one or more transportation projects through
public-private agreements with one or more private entities,
except for transportation projects for the Illiana Expressway
as defined in the Public Private Agreements for the Illiana
Expressway Act. The net proceeds, if any, arising out of a
transportation project or public-private agreement undertaken
by the Department pursuant to this Act shall be deposited into
the Public-Private Partnerships for Transportation Fund. The
net proceeds arising out of a transportation project or
public-private agreement undertaken by the Authority pursuant
to this Act shall be deposited into the Illinois State Toll
Highway Authority Fund and shall be used only as authorized by
Section 23 of the Toll Highway Act.
(b) The Authority shall not enter into a public-private
agreement involving a lease or other transfer of any toll

HB2981 - 55 - LRB101 11166 TAE 56404 b
highway, or portions thereof, under the Authority's
jurisdiction which were open to vehicular traffic on the
effective date of this Act. The Authority shall not enter into
a public-private agreement for the purpose of making roadway
improvements, including but not limited to reconstruction,
adding lanes, and adding ramps, to any toll highway, or
portions thereof, under the Authority's jurisdiction which
were open to vehicular traffic on the effective date of this
Act. The Authority shall not use any revenue generated by any
toll highway, or portions thereof, under the Authority's
jurisdiction which were open to vehicular traffic on the
effective date of this Act to enter into or provide funding for
a public-private agreement. The Authority shall not use any
asset, or the proceeds from the sale or lease of any such
asset, which was owned by the Authority on the effective date
of this Act to enter into or provide funding for a
public-private agreement. The Authority may enter into a
public-private partnership to develop, finance, and operate
new toll highways authorized by the Governor and the General
Assembly pursuant to Section 14.1 of the Toll Highway Act,
non-highway transportation projects on the toll highway system
such as commuter rail or high-speed rail lines, and intelligent
transportation infrastructure that will enhance the safety,
efficiency, and environmental quality of the toll highway
system. The Authority may operate or provide operational
services such as toll collection on highways which are

HB2981 - 56 - LRB101 11166 TAE 56404 b
developed or financed, or both, through a public-private
agreement entered into by another public entity, under an
agreement with the public entity or contractor responsible for
the transportation project.
(c) A contractor has:
(1) all powers allowed by law generally to a private
entity having the same form of organization as the
contractor; and
(2) the power to develop, finance, and operate the
transportation facility and to impose user fees in
connection with the use of the transportation facility,
subject to the terms of the public-private agreement.
No tolls or user fees may be imposed by the contractor
except as set forth in a public-private agreement.
(d) Each year, at least 30 days prior to the beginning of
the transportation agency's fiscal year, and at other times the
transportation agency deems necessary, the Department and the
Authority shall submit for review to the General Assembly a
description of potential projects that the transportation
agency is considering undertaking under this Act. Any
submission from the Authority shall indicate which of its
potential projects, if any, will involve the proposer operating
the transportation facility for a period of one year or more.
Prior to the issuance of any request for qualifications or
request for proposals with respect to any potential project
undertaken by the Department or the Authority pursuant to

HB2981 - 57 - LRB101 11166 TAE 56404 b
Section 20 of this Act, the project may not move forward if the
General Assembly declares by joint resolution that the project
is not in the public interest commencement of a procurement
process for that particular potential project shall be
authorized by joint resolution of the General Assembly.
(e) Each year, at least 30 days prior to the beginning of
the transportation agency's fiscal year, the transportation
agency shall submit a description of potential projects that
the transportation agency is considering undertaking under
this Act to each county, municipality, and metropolitan
planning organization, with respect to each project located
within its boundaries.
(f) Any project undertaken under this Act shall be subject
to all applicable planning requirements otherwise required by
law, including land use planning, regional planning,
transportation planning, and environmental compliance
requirements.
(g) Any new transportation facility developed as a project
under this Act must be consistent with the regional plan then
in existence of any metropolitan planning organization in whose
boundaries the project is located.
(h) The transportation agency shall hold one or more public
hearings within 30 days of each of its submittals to the
General Assembly under subsection (d) of this Section. These
public hearings shall address potential projects that the
transportation agency submitted to the General Assembly for

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review under subsection (d). The transportation agency shall
publish a notice of the hearing or hearings at least 7 days
before a hearing takes place, and shall include the following
in the notice: (i) the date, time, and place of the hearing and
the address of the transportation agency; (ii) a brief
description of the potential projects that the transportation
agency is considering undertaking; and (iii) a statement that
the public may comment on the potential projects.
(Source: P.A. 97-502, eff. 8-23-11; 97-858, eff. 7-27-12.)
HB2981 - 59 - LRB101 11166 TAE 56404 b
INDEX
Statutes amended in order of appearance