Bill Text: IL HB4066 | 2013-2014 | 98th General Assembly | Amended

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Bill Title: Amends the Illinois Highway Code. Makes a technical change in a Section concerning use of tax moneys.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2014-12-03 - Session Sine Die [HB4066 Detail]

Download: Illinois-2013-HB4066-Amended.html

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Rep. La Shawn K. Ford

Filed: 3/26/2014

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AMENDMENT TO HOUSE BILL 4066
AMENDMENT NO. ______. Amend House Bill 4066 by replacing
everything after the enacting clause with the following:
"Section 1. Short title. This Act may be cited as the
Nelson Mandela Memorial Road Act.
Section 5. Mandela Road. Illinois Route 50, beginning at
U.S. Route 45 in Kankakee, Illinois and ending at U.S. Route 41
in Skokie, Illinois, is designated as Mandela Road in honor of
Nelson Mandela. Local units of government affected by this
designation shall erect appropriate signage, remove signs
displaying a former designation, and make whatever other
changes are necessary to give effect to this designation.
Section 10. Home rule. The naming or designation of
Illinois Route 50, beginning at U.S. Route 45 in Kankakee,
Illinois and ending at U.S. Route 41 in Skokie, Illinois, is an

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exclusive power and function of the State. A home rule unit may
not change this designation or provide alternative
designations for this roadway. This Section is a denial and
limitation of home rule powers and functions under subsection
(h) of Section 6 of Article VII of the Illinois Constitution.
Section 15. Address changes. A person who has been issued a
driver's license under the Illinois Vehicle Code or an Illinois
Identification Card under the Illinois Identification Card Act
that is valid on the effective date of this Act and lists a
former designation of Mandela Road as his or her address of
record is not required to change his or her address on the
driver's license or Illinois Identification Card until that
driver's license or Illinois Identification Card expires.
Section 905. The Local Government Facility Lease Act is
amended by changing Section 15 as follows:
(50 ILCS 615/15)
Sec. 15. Limitation on the expansion of airport property.
Chicago Midway International Airport is facility property used
for airport purposes under this Act. No runway of Chicago
Midway International Airport shall be expanded beyond the
territory bounded by 55th Street on the north, Mandela Road
Cicero Avenue on the east, 63rd Street on the south, and
Central Avenue on the west, as those avenues and streets are

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situated on the effective date of this Act.
(Source: P.A. 94-750, eff. 5-9-06.)
Section 910. The Metropolitan Pier and Exposition
Authority Act is amended by changing Section 13 as follows:
(70 ILCS 210/13) (from Ch. 85, par. 1233)
Sec. 13. (a) The Authority shall not have power to levy
taxes for any purpose, except as provided in subsections (b),
(c), (d), (e), and (f).
(b) By ordinance the Authority shall, as soon as
practicable after the effective date of this amendatory Act of
1991, impose a Metropolitan Pier and Exposition Authority
Retailers' Occupation Tax upon all persons engaged in the
business of selling tangible personal property at retail within
the territory described in this subsection at the rate of 1.0%
of the gross receipts (i) from the sale of food, alcoholic
beverages, and soft drinks sold for consumption on the premises
where sold and (ii) from the sale of food, alcoholic beverages,
and soft drinks sold for consumption off the premises where
sold by a retailer whose principal source of gross receipts is
from the sale of food, alcoholic beverages, and soft drinks
prepared for immediate consumption.
The tax imposed under this subsection and all civil
penalties that may be assessed as an incident to that tax shall
be collected and enforced by the Illinois Department of

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Revenue. The Department shall have full power to administer and
enforce this subsection, to collect all taxes and penalties so
collected in the manner provided in this subsection, and to
determine all rights to credit memoranda arising on account of
the erroneous payment of tax or penalty under this subsection.
In the administration of and compliance with this subsection,
the Department and persons who are subject to this subsection
shall have the same rights, remedies, privileges, immunities,
powers, and duties, shall be subject to the same conditions,
restrictions, limitations, penalties, exclusions, exemptions,
and definitions of terms, and shall employ the same modes of
procedure applicable to this Retailers' Occupation Tax as are
prescribed in Sections 1, 2 through 2-65 (in respect to all
provisions of those Sections other than the State rate of
taxes), 2c, 2h, 2i, 3 (except as to the disposition of taxes
and penalties collected), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5i,
5j, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11, 12, 13, and, until January
1, 1994, 13.5 of the Retailers' Occupation Tax Act, and, on and
after January 1, 1994, all applicable provisions of the Uniform
Penalty and Interest Act that are not inconsistent with this
Act, as fully as if provisions contained in those Sections of
the Retailers' Occupation Tax Act were set forth in this
subsection.
Persons subject to any tax imposed under the authority
granted in this subsection may reimburse themselves for their
seller's tax liability under this subsection by separately

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stating that tax as an additional charge, which charge may be
stated in combination, in a single amount, with State taxes
that sellers are required to collect under the Use Tax Act,
pursuant to bracket schedules as the Department may prescribe.
The retailer filing the return shall, at the time of filing the
return, pay to the Department the amount of tax imposed under
this subsection, less a discount of 1.75%, which is allowed to
reimburse the retailer for the expenses incurred in keeping
records, preparing and filing returns, remitting the tax, and
supplying data to the Department on request.
Whenever the Department determines that a refund should be
made under this subsection to a claimant instead of issuing a
credit memorandum, the Department shall notify the State
Comptroller, who shall cause a warrant to be drawn for the
amount specified and to the person named in the notification
from the Department. The refund shall be paid by the State
Treasurer out of the Metropolitan Pier and Exposition Authority
trust fund held by the State Treasurer as trustee for the
Authority.
Nothing in this subsection authorizes the Authority to
impose a tax upon the privilege of engaging in any business
that under the Constitution of the United States may not be
made the subject of taxation by this State.
The Department shall forthwith pay over to the State
Treasurer, ex officio, as trustee for the Authority, all taxes
and penalties collected under this subsection for deposit into

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a trust fund held outside of the State Treasury.
As soon as possible after the first day of each month,
beginning January 1, 2011, upon certification of the Department
of Revenue, the Comptroller shall order transferred, and the
Treasurer shall transfer, to the STAR Bonds Revenue Fund the
local sales tax increment, as defined in the Innovation
Development and Economy Act, collected under this subsection
during the second preceding calendar month for sales within a
STAR bond district.
After the monthly transfer to the STAR Bonds Revenue Fund,
on or before the 25th day of each calendar month, the
Department shall prepare and certify to the Comptroller the
amounts to be paid under subsection (g) of this Section, which
shall be the amounts, not including credit memoranda, collected
under this subsection during the second preceding calendar
month by the Department, less any amounts determined by the
Department to be necessary for the payment of refunds, less 2%
of such balance, which sum shall be deposited by the State
Treasurer into the Tax Compliance and Administration Fund in
the State Treasury from which it shall be appropriated to the
Department to cover the costs of the Department in
administering and enforcing the provisions of this subsection,
and less any amounts that are transferred to the STAR Bonds
Revenue Fund. Within 10 days after receipt by the Comptroller
of the certification, the Comptroller shall cause the orders to
be drawn for the remaining amounts, and the Treasurer shall

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administer those amounts as required in subsection (g).
A certificate of registration issued by the Illinois
Department of Revenue to a retailer under the Retailers'
Occupation Tax Act shall permit the registrant to engage in a
business that is taxed under the tax imposed under this
subsection, and no additional registration shall be required
under the ordinance imposing the tax or under this subsection.
A certified copy of any ordinance imposing or discontinuing
any tax under this subsection or effecting a change in the rate
of that tax shall be filed with the Department, whereupon the
Department shall proceed to administer and enforce this
subsection on behalf of the Authority as of the first day of
the third calendar month following the date of filing.
The tax authorized to be levied under this subsection may
be levied within all or any part of the following described
portions of the metropolitan area:
(1) that portion of the City of Chicago located within
the following area: Beginning at the point of intersection
of the Cook County - DuPage County line and York Road, then
North along York Road to its intersection with Touhy
Avenue, then east along Touhy Avenue to its intersection
with the Northwest Tollway, then southeast along the
Northwest Tollway to its intersection with Lee Street, then
south along Lee Street to Higgins Road, then south and east
along Higgins Road to its intersection with Mannheim Road,
then south along Mannheim Road to its intersection with

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Irving Park Road, then west along Irving Park Road to its
intersection with the Cook County - DuPage County line,
then north and west along the county line to the point of
beginning; and
(2) that portion of the City of Chicago located within
the following area: Beginning at the intersection of West
55th Street with Central Avenue, then east along West 55th
Street to its intersection with Mandela Road South Cicero
Avenue, then south along Mandela Road South Cicero Avenue
to its intersection with West 63rd Street, then west along
West 63rd Street to its intersection with South Central
Avenue, then north along South Central Avenue to the point
of beginning; and
(3) that portion of the City of Chicago located within
the following area: Beginning at the point 150 feet west of
the intersection of the west line of North Ashland Avenue
and the north line of West Diversey Avenue, then north 150
feet, then east along a line 150 feet north of the north
line of West Diversey Avenue extended to the shoreline of
Lake Michigan, then following the shoreline of Lake
Michigan (including Navy Pier and all other improvements
fixed to land, docks, or piers) to the point where the
shoreline of Lake Michigan and the Adlai E. Stevenson
Expressway extended east to that shoreline intersect, then
west along the Adlai E. Stevenson Expressway to a point 150
feet west of the west line of South Ashland Avenue, then

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north along a line 150 feet west of the west line of South
and North Ashland Avenue to the point of beginning.
The tax authorized to be levied under this subsection may
also be levied on food, alcoholic beverages, and soft drinks
sold on boats and other watercraft departing from and returning
to the shoreline of Lake Michigan (including Navy Pier and all
other improvements fixed to land, docks, or piers) described in
item (3).
(c) By ordinance the Authority shall, as soon as
practicable after the effective date of this amendatory Act of
1991, impose an occupation tax upon all persons engaged in the
corporate limits of the City of Chicago in the business of
renting, leasing, or letting rooms in a hotel, as defined in
the Hotel Operators' Occupation Tax Act, at a rate of 2.5% of
the gross rental receipts from the renting, leasing, or letting
of hotel rooms within the City of Chicago, excluding, however,
from gross rental receipts the proceeds of renting, leasing, or
letting to permanent residents of a hotel, as defined in that
Act. Gross rental receipts shall not include charges that are
added on account of the liability arising from any tax imposed
by the State or any governmental agency on the occupation of
renting, leasing, or letting rooms in a hotel.
The tax imposed by the Authority under this subsection and
all civil penalties that may be assessed as an incident to that
tax shall be collected and enforced by the Illinois Department
of Revenue. The certificate of registration that is issued by

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the Department to a lessor under the Hotel Operators'
Occupation Tax Act shall permit that registrant to engage in a
business that is taxable under any ordinance enacted under this
subsection without registering separately with the Department
under that ordinance or under this subsection. The Department
shall have full power to administer and enforce this
subsection, to collect all taxes and penalties due under this
subsection, to dispose of taxes and penalties so collected in
the manner provided in this subsection, and to determine all
rights to credit memoranda arising on account of the erroneous
payment of tax or penalty under this subsection. In the
administration of and compliance with this subsection, the
Department and persons who are subject to this subsection shall
have the same rights, remedies, privileges, immunities,
powers, and duties, shall be subject to the same conditions,
restrictions, limitations, penalties, and definitions of
terms, and shall employ the same modes of procedure as are
prescribed in the Hotel Operators' Occupation Tax Act (except
where that Act is inconsistent with this subsection), as fully
as if the provisions contained in the Hotel Operators'
Occupation Tax Act were set out in this subsection.
Whenever the Department determines that a refund should be
made under this subsection to a claimant instead of issuing a
credit memorandum, the Department shall notify the State
Comptroller, who shall cause a warrant to be drawn for the
amount specified and to the person named in the notification

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from the Department. The refund shall be paid by the State
Treasurer out of the Metropolitan Pier and Exposition Authority
trust fund held by the State Treasurer as trustee for the
Authority.
Persons subject to any tax imposed under the authority
granted in this subsection may reimburse themselves for their
tax liability for that tax by separately stating that tax as an
additional charge, which charge may be stated in combination,
in a single amount, with State taxes imposed under the Hotel
Operators' Occupation Tax Act, the municipal tax imposed under
Section 8-3-13 of the Illinois Municipal Code, and the tax
imposed under Section 19 of the Illinois Sports Facilities
Authority Act.
The person filing the return shall, at the time of filing
the return, pay to the Department the amount of tax, less a
discount of 2.1% or $25 per calendar year, whichever is
greater, which is allowed to reimburse the operator for the
expenses incurred in keeping records, preparing and filing
returns, remitting the tax, and supplying data to the
Department on request.
The Department shall forthwith pay over to the State
Treasurer, ex officio, as trustee for the Authority, all taxes
and penalties collected under this subsection for deposit into
a trust fund held outside the State Treasury. On or before the
25th day of each calendar month, the Department shall certify
to the Comptroller the amounts to be paid under subsection (g)

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of this Section, which shall be the amounts (not including
credit memoranda) collected under this subsection during the
second preceding calendar month by the Department, less any
amounts determined by the Department to be necessary for
payment of refunds. Within 10 days after receipt by the
Comptroller of the Department's certification, the Comptroller
shall cause the orders to be drawn for such amounts, and the
Treasurer shall administer those amounts as required in
subsection (g).
A certified copy of any ordinance imposing or discontinuing
a tax under this subsection or effecting a change in the rate
of that tax shall be filed with the Illinois Department of
Revenue, whereupon the Department shall proceed to administer
and enforce this subsection on behalf of the Authority as of
the first day of the third calendar month following the date of
filing.
(d) By ordinance the Authority shall, as soon as
practicable after the effective date of this amendatory Act of
1991, impose a tax upon all persons engaged in the business of
renting automobiles in the metropolitan area at the rate of 6%
of the gross receipts from that business, except that no tax
shall be imposed on the business of renting automobiles for use
as taxicabs or in livery service. The tax imposed under this
subsection and all civil penalties that may be assessed as an
incident to that tax shall be collected and enforced by the
Illinois Department of Revenue. The certificate of

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registration issued by the Department to a retailer under the
Retailers' Occupation Tax Act or under the Automobile Renting
Occupation and Use Tax Act shall permit that person to engage
in a business that is taxable under any ordinance enacted under
this subsection without registering separately with the
Department under that ordinance or under this subsection. The
Department shall have full power to administer and enforce this
subsection, to collect all taxes and penalties due under this
subsection, to dispose of taxes and penalties so collected in
the manner provided in this subsection, and to determine all
rights to credit memoranda arising on account of the erroneous
payment of tax or penalty under this subsection. In the
administration of and compliance with this subsection, the
Department and persons who are subject to this subsection shall
have the same rights, remedies, privileges, immunities,
powers, and duties, be subject to the same conditions,
restrictions, limitations, penalties, and definitions of
terms, and employ the same modes of procedure as are prescribed
in Sections 2 and 3 (in respect to all provisions of those
Sections other than the State rate of tax; and in respect to
the provisions of the Retailers' Occupation Tax Act referred to
in those Sections, except as to the disposition of taxes and
penalties collected, except for the provision allowing
retailers a deduction from the tax to cover certain costs, and
except that credit memoranda issued under this subsection may
not be used to discharge any State tax liability) of the

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Automobile Renting Occupation and Use Tax Act, as fully as if
provisions contained in those Sections of that Act were set
forth in this subsection.
Persons subject to any tax imposed under the authority
granted in this subsection may reimburse themselves for their
tax liability under this subsection by separately stating that
tax as an additional charge, which charge may be stated in
combination, in a single amount, with State tax that sellers
are required to collect under the Automobile Renting Occupation
and Use Tax Act, pursuant to bracket schedules as the
Department may prescribe.
Whenever the Department determines that a refund should be
made under this subsection to a claimant instead of issuing a
credit memorandum, the Department shall notify the State
Comptroller, who shall cause a warrant to be drawn for the
amount specified and to the person named in the notification
from the Department. The refund shall be paid by the State
Treasurer out of the Metropolitan Pier and Exposition Authority
trust fund held by the State Treasurer as trustee for the
Authority.
The Department shall forthwith pay over to the State
Treasurer, ex officio, as trustee, all taxes and penalties
collected under this subsection for deposit into a trust fund
held outside the State Treasury. On or before the 25th day of
each calendar month, the Department shall certify to the
Comptroller the amounts to be paid under subsection (g) of this

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Section (not including credit memoranda) collected under this
subsection during the second preceding calendar month by the
Department, less any amount determined by the Department to be
necessary for payment of refunds. Within 10 days after receipt
by the Comptroller of the Department's certification, the
Comptroller shall cause the orders to be drawn for such
amounts, and the Treasurer shall administer those amounts as
required in subsection (g).
Nothing in this subsection authorizes the Authority to
impose a tax upon the privilege of engaging in any business
that under the Constitution of the United States may not be
made the subject of taxation by this State.
A certified copy of any ordinance imposing or discontinuing
a tax under this subsection or effecting a change in the rate
of that tax shall be filed with the Illinois Department of
Revenue, whereupon the Department shall proceed to administer
and enforce this subsection on behalf of the Authority as of
the first day of the third calendar month following the date of
filing.
(e) By ordinance the Authority shall, as soon as
practicable after the effective date of this amendatory Act of
1991, impose a tax upon the privilege of using in the
metropolitan area an automobile that is rented from a rentor
outside Illinois and is titled or registered with an agency of
this State's government at a rate of 6% of the rental price of
that automobile, except that no tax shall be imposed on the

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privilege of using automobiles rented for use as taxicabs or in
livery service. The tax shall be collected from persons whose
Illinois address for titling or registration purposes is given
as being in the metropolitan area. The tax shall be collected
by the Department of Revenue for the Authority. The tax must be
paid to the State or an exemption determination must be
obtained from the Department of Revenue before the title or
certificate of registration for the property may be issued. The
tax or proof of exemption may be transmitted to the Department
by way of the State agency with which or State officer with
whom the tangible personal property must be titled or
registered if the Department and that agency or State officer
determine that this procedure will expedite the processing of
applications for title or registration.
The Department shall have full power to administer and
enforce this subsection, to collect all taxes, penalties, and
interest due under this subsection, to dispose of taxes,
penalties, and interest so collected in the manner provided in
this subsection, and to determine all rights to credit
memoranda or refunds arising on account of the erroneous
payment of tax, penalty, or interest under this subsection. In
the administration of and compliance with this subsection, the
Department and persons who are subject to this subsection shall
have the same rights, remedies, privileges, immunities,
powers, and duties, be subject to the same conditions,
restrictions, limitations, penalties, and definitions of

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terms, and employ the same modes of procedure as are prescribed
in Sections 2 and 4 (except provisions pertaining to the State
rate of tax; and in respect to the provisions of the Use Tax
Act referred to in that Section, except provisions concerning
collection or refunding of the tax by retailers, except the
provisions of Section 19 pertaining to claims by retailers,
except the last paragraph concerning refunds, and except that
credit memoranda issued under this subsection may not be used
to discharge any State tax liability) of the Automobile Renting
Occupation and Use Tax Act, as fully as if provisions contained
in those Sections of that Act were set forth in this
subsection.
Whenever the Department determines that a refund should be
made under this subsection to a claimant instead of issuing a
credit memorandum, the Department shall notify the State
Comptroller, who shall cause a warrant to be drawn for the
amount specified and to the person named in the notification
from the Department. The refund shall be paid by the State
Treasurer out of the Metropolitan Pier and Exposition Authority
trust fund held by the State Treasurer as trustee for the
Authority.
The Department shall forthwith pay over to the State
Treasurer, ex officio, as trustee, all taxes, penalties, and
interest collected under this subsection for deposit into a
trust fund held outside the State Treasury. On or before the
25th day of each calendar month, the Department shall certify

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to the State Comptroller the amounts to be paid under
subsection (g) of this Section, which shall be the amounts (not
including credit memoranda) collected under this subsection
during the second preceding calendar month by the Department,
less any amounts determined by the Department to be necessary
for payment of refunds. Within 10 days after receipt by the
State Comptroller of the Department's certification, the
Comptroller shall cause the orders to be drawn for such
amounts, and the Treasurer shall administer those amounts as
required in subsection (g).
A certified copy of any ordinance imposing or discontinuing
a tax or effecting a change in the rate of that tax shall be
filed with the Illinois Department of Revenue, whereupon the
Department shall proceed to administer and enforce this
subsection on behalf of the Authority as of the first day of
the third calendar month following the date of filing.
(f) By ordinance the Authority shall, as soon as
practicable after the effective date of this amendatory Act of
1991, impose an occupation tax on all persons, other than a
governmental agency, engaged in the business of providing
ground transportation for hire to passengers in the
metropolitan area at a rate of (i) $4 per taxi or livery
vehicle departure with passengers for hire from commercial
service airports in the metropolitan area, (ii) for each
departure with passengers for hire from a commercial service
airport in the metropolitan area in a bus or van operated by a

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person other than a person described in item (iii): $18 per bus
or van with a capacity of 1-12 passengers, $36 per bus or van
with a capacity of 13-24 passengers, and $54 per bus or van
with a capacity of over 24 passengers, and (iii) for each
departure with passengers for hire from a commercial service
airport in the metropolitan area in a bus or van operated by a
person regulated by the Interstate Commerce Commission or
Illinois Commerce Commission, operating scheduled service from
the airport, and charging fares on a per passenger basis: $2
per passenger for hire in each bus or van. The term "commercial
service airports" means those airports receiving scheduled
passenger service and enplaning more than 100,000 passengers
per year.
In the ordinance imposing the tax, the Authority may
provide for the administration and enforcement of the tax and
the collection of the tax from persons subject to the tax as
the Authority determines to be necessary or practicable for the
effective administration of the tax. The Authority may enter
into agreements as it deems appropriate with any governmental
agency providing for that agency to act as the Authority's
agent to collect the tax.
In the ordinance imposing the tax, the Authority may
designate a method or methods for persons subject to the tax to
reimburse themselves for the tax liability arising under the
ordinance (i) by separately stating the full amount of the tax
liability as an additional charge to passengers departing the

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airports, (ii) by separately stating one-half of the tax
liability as an additional charge to both passengers departing
from and to passengers arriving at the airports, or (iii) by
some other method determined by the Authority.
All taxes, penalties, and interest collected under any
ordinance adopted under this subsection, less any amounts
determined to be necessary for the payment of refunds and less
the taxes, penalties, and interest attributable to any increase
in the rate of tax authorized by Public Act 96-898, shall be
paid forthwith to the State Treasurer, ex officio, for deposit
into a trust fund held outside the State Treasury and shall be
administered by the State Treasurer as provided in subsection
(g) of this Section. All taxes, penalties, and interest
attributable to any increase in the rate of tax authorized by
Public Act 96-898 shall be paid by the State Treasurer as
follows: 25% for deposit into the Convention Center Support
Fund, to be used by the Village of Rosemont for the repair,
maintenance, and improvement of the Donald E. Stephens
Convention Center and for debt service on debt instruments
issued for those purposes by the village and 75% to the
Authority to be used for grants to an organization meeting the
qualifications set out in Section 5.6 of this Act, provided the
Metropolitan Pier and Exposition Authority has entered into a
marketing agreement with such an organization.
(g) Amounts deposited from the proceeds of taxes imposed by
the Authority under subsections (b), (c), (d), (e), and (f) of

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this Section and amounts deposited under Section 19 of the
Illinois Sports Facilities Authority Act shall be held in a
trust fund outside the State Treasury and shall be administered
by the Treasurer as follows:
(1) An amount necessary for the payment of refunds with
respect to those taxes shall be retained in the trust fund
and used for those payments.
(2) On July 20 and on the 20th of each month
thereafter, provided that the amount requested in the
annual certificate of the Chairman of the Authority filed
under Section 8.25f of the State Finance Act has been
appropriated for payment to the Authority, 1/8 of the local
tax transfer amount, together with any cumulative
deficiencies in the amounts transferred into the McCormick
Place Expansion Project Fund under this subparagraph (2)
during the fiscal year for which the certificate has been
filed, shall be transferred from the trust fund into the
McCormick Place Expansion Project Fund in the State
treasury until 100% of the local tax transfer amount has
been so transferred. "Local tax transfer amount" shall mean
the amount requested in the annual certificate, minus the
reduction amount. "Reduction amount" shall mean $41.7
million in fiscal year 2011, $36.7 million in fiscal year
2012, $36.7 million in fiscal year 2013, $36.7 million in
fiscal year 2014, and $31.7 million in each fiscal year
thereafter until 2032, provided that the reduction amount

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shall be reduced by (i) the amount certified by the
Authority to the State Comptroller and State Treasurer
under Section 8.25 of the State Finance Act, as amended,
with respect to that fiscal year and (ii) in any fiscal
year in which the amounts deposited in the trust fund under
this Section exceed $318.3 million, exclusive of amounts
set aside for refunds and for the reserve account, one
dollar for each dollar of the deposits in the trust fund
above $318.3 million with respect to that year, exclusive
of amounts set aside for refunds and for the reserve
account.
(3) On July 20, 2010, the Comptroller shall certify to
the Governor, the Treasurer, and the Chairman of the
Authority the 2010 deficiency amount, which means the
cumulative amount of transfers that were due from the trust
fund to the McCormick Place Expansion Project Fund in
fiscal years 2008, 2009, and 2010 under Section 13(g) of
this Act, as it existed prior to May 27, 2010 (the
effective date of Public Act 96-898), but not made. On July
20, 2011 and on July 20 of each year through July 20, 2014,
the Treasurer shall calculate for the previous fiscal year
the surplus revenues in the trust fund and pay that amount
to the Authority. On July 20, 2015 and on July 20 of each
year thereafter, as long as bonds and notes issued under
Section 13.2 or bonds and notes issued to refund those
bonds and notes are outstanding, the Treasurer shall

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calculate for the previous fiscal year the surplus revenues
in the trust fund and pay one-half of that amount to the
State Treasurer for deposit into the General Revenue Fund
until the 2010 deficiency amount has been paid and shall
pay the balance of the surplus revenues to the Authority.
"Surplus revenues" means the amounts remaining in the trust
fund on June 30 of the previous fiscal year (A) after the
State Treasurer has set aside in the trust fund (i) amounts
retained for refunds under subparagraph (1) and (ii) any
amounts necessary to meet the reserve account amount and
(B) after the State Treasurer has transferred from the
trust fund to the General Revenue Fund 100% of any
post-2010 deficiency amount. "Reserve account amount"
means $15 million in fiscal year 2011 and $30 million in
each fiscal year thereafter. The reserve account amount
shall be set aside in the trust fund and used as a reserve
to be transferred to the McCormick Place Expansion Project
Fund in the event the proceeds of taxes imposed under this
Section 13 are not sufficient to fund the transfer required
in subparagraph (2). "Post-2010 deficiency amount" means
any deficiency in transfers from the trust fund to the
McCormick Place Expansion Project Fund with respect to
fiscal years 2011 and thereafter. It is the intention of
this subparagraph (3) that no surplus revenues shall be
paid to the Authority with respect to any year in which a
post-2010 deficiency amount has not been satisfied by the

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Authority.
Moneys received by the Authority as surplus revenues may be
used (i) for the purposes of paying debt service on the bonds
and notes issued by the Authority, including early redemption
of those bonds or notes, (ii) for the purposes of repair,
replacement, and improvement of the grounds, buildings, and
facilities of the Authority, and (iii) for the corporate
purposes of the Authority in fiscal years 2011 through 2015 in
an amount not to exceed $20,000,000 annually or $80,000,000
total, which amount shall be reduced $0.75 for each dollar of
the receipts of the Authority in that year from any contract
entered into with respect to naming rights at McCormick Place
under Section 5(m) of this Act. When bonds and notes issued
under Section 13.2, or bonds or notes issued to refund those
bonds and notes, are no longer outstanding, the balance in the
trust fund shall be paid to the Authority.
(h) The ordinances imposing the taxes authorized by this
Section shall be repealed when bonds and notes issued under
Section 13.2 or bonds and notes issued to refund those bonds
and notes are no longer outstanding.
(Source: P.A. 97-333, eff. 8-12-11; 98-463, eff. 8-16-13.)
Section 915. The Metropolitan Water Reclamation District
Act is amended by changing Section 17 as follows:
(70 ILCS 2605/17) (from Ch. 42, par. 337)

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Sec. 17. When it shall be necessary in making any
improvements which any district is authorized by this Act to
make, to enter upon any public property or property held for
public use, such district shall have the power so to do and may
acquire the necessary right of way over public property or such
property held for public use in the same manner as is above
provided for acquiring private property, and may enter upon,
use, widen, deepen and improve any navigable or other waters,
waterways, canal or lake; and the channel or bed of any river,
water course or stream used by such district as an outlet for
drainage, may be changed in order to straighten the same, if
the capacity of the channel is maintained unimpaired: Provided,
the public use thereof shall not be unnecessarily interrupted
or interfered with. Provided, further, that before any work
shall be started, plans for such proposed change or
straightening of streams shall first be submitted to the
Department of Natural Resources of the State for approval and a
permit obtained therefor under the seal of the Director of the
Department. Provided, further, that the district shall have the
power to acquire by purchase or contract, but not by
condemnation, existing sanitary facilities, including, but not
limited to, drains, ditches, outlets, sewers and sewage
treatment plants owned by any sanitary district, city, village,
incorporated town or other municipal corporation, township or
county.
Every such district may build suitable bridges with

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suitable approaches thereto, with roadways and sidewalks
thereon for public travel across its main drainage channel on
the line of Crawford Avenue, sometimes called Fortieth Avenue,
in the City of Chicago, as extended across the main channel;
and also on the line of California Avenue in the City of
Chicago as extended across the main drainage channel; also on
the line of Mandela Road Cicero Avenue, sometimes called
Forty-eight Avenue, in the City of Chicago, as extended across
the main drainage channel; and on the line of Harlem Avenue,
sometimes called Seventy-second Avenue, as extended across the
main drainage channel, all in the county of Cook; Provided,
that such bridges shall be without center piers and shall
otherwise conform to the requirements of the Federal government
with regard to the width of the channel, clearance and other
regulations designed to prevent interference with commerce. In
building such bridges and approaches thereto, such district
shall have the power to go beyond the limits of its own
property, to build viaducts over or subways under public or
private property or the right-of-way of any railroad, and to
acquire by purchase, condemnation or otherwise, the necessary
land, and to do all other things necessary to make access to
any such bridge more convenient and practicable. Said bridges
with approaches, roadways and sidewalks thereon shall be
thereafter maintained in good order for public travel by any
such district as a corporate expense, and no compensation shall
be demanded or required to be paid any such district for its

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land necessarily taken to form part of a street or highway to
afford access to any such bridge or as compensation for such
bridges and their appurtenances as aforesaid: Provided,
however, that if any such bridges with approaches, viaducts,
subways, roadways and sidewalks thereon shall lie wholly within
the territorial limits of any one municipality, then any such
bridges with approaches, viaducts, subways, roadways,
sidewalks and appurtenances shall on completion be turned over
to the corporate authorities of any such municipality free of
cost, and shall thereupon become the property of such
municipality, and be maintained in good order for public travel
by such municipality: And, provided, further, however, that if
any land of such district or other land acquired by purchase,
condemnation or otherwise is necessarily taken to form a part
of a street or roadway leading to any such bridge, which land
lies wholly within such municipality, or if such district shall
enter into a contract with any such municipality for the
dedication of the right of way for a street across or over any
lands of such district adjoining such main channel for an
approach, or roadway leading to any such bridge lying wholly
within any such municipality, then such street shall become a
part of the public highways of such municipality, and such
municipality shall thereafter maintain such street and all
parts and portions thereof and shall place any and all
improvements that such municipality may deem necessary in such
street without any cost or charge of any kind to the district.

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(Source: P.A. 89-445, eff. 2-7-96.)".