SB1621 EngrossedLRB098 09951 HLH 40109 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Department of Commerce and Economic
5Opportunity Law of the Civil Administrative Code of Illinois is
6amended by changing Section 605-345 as follows:
 
7    (20 ILCS 605/605-345)  (was 20 ILCS 605/46.67)
8    Sec. 605-345. Pollution control industry incentives.
9Subject to appropriation, the The Department shall examine
10policies and incentives that will attract industries involved
11in the design, development, and construction of pollution
12control devices and shall implement those policies and
13incentives that the Department determines will attract those
14businesses.
15(Source: P.A. 91-239, eff. 1-1-00.)
 
16    (20 ILCS 605/605-75 rep.)
17    Section 10. The Department of Commerce and Economic
18Opportunity Law of the Civil Administrative Code of Illinois is
19amended by repealing Section 605-75.
 
20    Section 15. The Energy Conservation and Coal Development
21Act is amended by changing Section 3 as follows:
 

 

 

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1    (20 ILCS 1105/3)  (from Ch. 96 1/2, par. 7403)
2    Sec. 3. Powers and Duties.
3    (a) In addition to its other powers, the Department has the
4following powers:
5        (1) To administer for the State any energy programs and
6    activities under federal law, regulations or guidelines,
7    and to coordinate such programs and activities with other
8    State agencies, units of local government, and educational
9    institutions.
10        (2) To represent the State in energy matters involving
11    the federal government, other states, units of local
12    government, and regional agencies.
13        (3) To prepare energy contingency plans for
14    consideration by the Governor and the General Assembly.
15    Such plans shall include procedures for determining when a
16    foreseeable danger exists of energy shortages, including
17    shortages of petroleum, coal, nuclear power, natural gas,
18    and other forms of energy, and shall specify the actions to
19    be taken to minimize hardship and maintain the general
20    welfare during such energy shortages.
21        (4) To cooperate with State colleges and universities
22    and their governing boards in energy programs and
23    activities.
24        (5) (Blank).
25        (6) To accept, receive, expend, and administer,

 

 

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1    including by contracts and grants to other State agencies,
2    any energy-related gifts, grants, cooperative agreement
3    funds, and other funds made available to the Department by
4    the federal government and other public and private
5    sources.
6        (7) To investigate practical problems, seek and
7    utilize financial assistance, implement studies and
8    conduct research relating to the production, distribution
9    and use of alcohol fuels.
10        (8) To serve as a clearinghouse for information on
11    alcohol production technology; provide assistance,
12    information and data relating to the production and use of
13    alcohol; develop informational packets and brochures, and
14    hold public seminars to encourage the development and
15    utilization of the best available technology.
16        (9) To coordinate with other State agencies in order to
17    promote the maximum flow of information and to avoid
18    unnecessary overlapping of alcohol fuel programs. In order
19    to effectuate this goal, the Director of the Department or
20    his representative shall consult with the Directors, or
21    their representatives, of the Departments of Agriculture,
22    Central Management Services, Transportation, and Revenue,
23    the Office of the State Fire Marshal, and the Environmental
24    Protection Agency.
25        (10) To operate, within the Department, an Office of
26    Coal Development and Marketing for the promotion and

 

 

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1    marketing of Illinois coal both domestically and
2    internationally. The Department may use monies
3    appropriated for this purpose for necessary administrative
4    expenses.
5        The Office of Coal Development and Marketing shall
6    develop and implement an initiative to assist the coal
7    industry in Illinois to increase its share of the
8    international coal market.
9        (11) To assist the Department of Central Management
10    Services in establishing and maintaining a system to
11    analyze and report energy consumption of facilities leased
12    by the Department of Central Management Services.
13        (12) To consult with the Departments of Natural
14    Resources and Transportation and the Illinois
15    Environmental Protection Agency for the purpose of
16    developing methods and standards that encourage the
17    utilization of coal combustion by-products as value added
18    products in productive and benign applications.
19        (13) To provide technical assistance and information
20    to sellers and distributors of storage hot water heaters
21    doing business in Illinois, pursuant to Section 1 of the
22    Hot Water Heater Efficiency Act.
23    (b) (Blank).
24    (c) (Blank).
25    (d) The Department shall develop a package of educational
26materials regarding the necessity of waste reduction and

 

 

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1recycling to reduce dependence on landfills and to maintain
2environmental quality. The materials developed shall be
3suitable for instructional use in grades 3, 4 and 5. The
4Department shall distribute such instructional material to all
5public elementary and unit school districts no later than
6November 1, of each year.
7    (e) (Blank). The Department shall study the feasibility of
8requiring that wood and sawdust from construction waste,
9demolition projects, sawmills, or other projects or industries
10where wood is used in a large amount be shredded and composted,
11and that such wood be prohibited from being disposed of in a
12landfill. The Department shall report the results of this study
13to the General Assembly by January 1, 1991.
14    (f) (Blank).
15    (g) (Blank). The Department shall develop a program
16designated to encourage the recycling of outdated telephone
17directories and to encourage the printing of new directories on
18recycled paper. The Department shall work in conjunction with
19printers and distributors of telephone directories distributed
20in the State to provide them with any technical assistance
21available in their efforts to procure appropriate recycled
22paper. The Department shall also encourage directory
23distributors to pick up outdated directories as they distribute
24new ones, and shall assist any distributor who is willing to do
25so in finding a recycler willing to purchase the old
26directories and in publicizing and promoting with citizens of

 

 

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1the area the distributor's collection efforts and schedules.
2    (h) (Blank). The Department shall assist, cooperate with
3and provide necessary staff and resources for the Interagency
4Energy Conservation Committee, which shall be chaired by the
5Director of the Department.
6    (i) (Blank).
7(Source: P.A. 92-736, eff. 7-25-02.)
 
8    Section 25. The Illinois Emergency Management Agency Act is
9amended by changing Section 18 as follows:
 
10    (20 ILCS 3305/18)  (from Ch. 127, par. 1068)
11    Sec. 18. Orders, Rules and Regulations.
12    (a) The Governor shall file a copy of every rule,
13regulation or order, and any amendment thereof made by the
14Governor under the provisions of this Act in the office of the
15Secretary of State. No rule, regulation or order, or any
16amendment thereof shall be effective until 10 days after the
17filing, provided, however, that upon the declaration of a
18disaster by the Governor as is described in Section 7 the
19provision relating to the effective date of any rule,
20regulation, order or amendment issued under this Act and during
21the state of disaster is abrogated, and the rule, regulation,
22order or amendment shall become effective immediately upon
23being filed with the Secretary of State accompanied by a
24certificate stating the reason as required by the Illinois

 

 

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1Administrative Procedure Act.
2    (b) Every emergency services and disaster agency
3established pursuant to this Act and the coordinators thereof
4shall execute and enforce the orders, rules and regulations as
5may be made by the Governor under authority of this Act. Each
6emergency services and disaster agency shall have available for
7inspection at its office all orders, rules and regulations made
8by the Governor, or under the Governor's authority. The
9Illinois Emergency Management Agency shall furnish on the
10Department's website the orders, rules and regulations to each
11such emergency services and disaster agency. Upon the written
12request of an emergency services or disaster agency, copies
13thereof shall be mailed to the emergency services or disaster
14agency.
15(Source: P.A. 92-73, eff. 1-1-02.)
 
16    (20 ILCS 4020/Act rep.)
17    Section 27. The Prairie State 2000 Authority Act is
18repealed.
 
19    Section 30. The State Finance Act is amended by changing
20Sections 5h and 6z-17 as follows:
 
21    (30 ILCS 105/5h)
22    Sec. 5h. Cash flow borrowing and general funds liquidity.
23    (a) In order to meet cash flow deficits and to maintain

 

 

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1liquidity in the General Revenue Fund, the Healthcare Provider
2Relief Fund, and the Common School Fund, on and after July 1,
32010 and through June 30, 2011, the State Treasurer and the
4State Comptroller shall make transfers to the General Revenue
5Fund, the Healthcare Provider Relief Fund, or the Common School
6Fund, as directed by the Governor, out of special funds of the
7State, to the extent allowed by federal law. No transfer may be
8made from a fund under this Section that would have the effect
9of reducing the available balance in the fund to an amount less
10than the amount remaining unexpended and unreserved from the
11total appropriation from that fund estimated to be expended for
12that fiscal year. No such transfer may reduce the cumulative
13balance of all of the special funds of the State to an amount
14less than the total debt service payable during the 12 months
15immediately following the date of the transfer on any bonded
16indebtedness of the State and any certificates issued under the
17Short Term Borrowing Act. Notwithstanding any other provision
18of this Section, no such transfer may be made from any special
19fund that is exclusively collected by or appropriated to any
20other constitutional officer without the written approval of
21that constitutional officer.
22    (b) If moneys have been transferred to the General Revenue
23Fund, the Healthcare Provider Relief Fund, or the Common School
24Fund pursuant to subsection (a) of this Section, this
25amendatory Act of the 96th General Assembly shall constitute
26the irrevocable and continuing authority for and direction to

 

 

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1the State Treasurer and State Comptroller to reimburse the
2funds of origin from the General Revenue Fund, the Healthcare
3Provider Relief Fund, or the Common School Fund, as
4appropriate, by transferring to the funds of origin, at such
5times and in such amounts as directed by the Governor when
6necessary to support appropriated expenditures from the funds,
7an amount equal to that transferred from them plus any interest
8that would have accrued thereon had the transfer not occurred,
9except that any moneys transferred pursuant to subsection (a)
10of this Section shall be repaid to the fund of origin within 18
11months after the date on which they were borrowed.
12    (c) On the first day of each quarterly period in each
13fiscal year, until such time as a report indicates that all
14moneys borrowed and interest pursuant to this Section have been
15repaid, the Governor's Office of Management and Budget shall
16provide to the President and the Minority Leader of the Senate,
17the Speaker and the Minority Leader of the House of
18Representatives, and the Commission on Government Forecasting
19and Accountability a report on all transfers made pursuant to
20this Section in the prior quarterly period. The report must be
21provided in both written and electronic format. The report must
22include all of the following:
23        (1) The date each transfer was made.
24        (2) The amount of each transfer.
25        (3) In the case of a transfer from the General Revenue
26    Fund, the Healthcare Provider Relief Fund, or the Common

 

 

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1    School Fund to a fund of origin pursuant to subsection (b)
2    of this Section, the amount of interest being paid to the
3    fund of origin.
4        (4) The end of day balance of both the fund of origin
5    and the General Revenue Fund, the Healthcare Provider
6    Relief Fund, or the Common School Fund, whichever the case
7    may be, on the date the transfer was made.
8(Source: P.A. 96-958, eff. 7-1-10; 96-1500, eff. 1-18-11;
997-72, eff. 7-1-11 (see also P.A. 97-613 regarding effective
10date of P.A. 97-72).)
 
11    (30 ILCS 105/6z-17)  (from Ch. 127, par. 142z-17)
12    Sec. 6z-17. Of the money paid into the State and Local
13Sales Tax Reform Fund: (i) subject to appropriation to the
14Department of Revenue, Municipalities having 1,000,000 or more
15inhabitants shall receive 20% and may expend such amount to
16fund and establish a program for developing and coordinating
17public and private resources targeted to meet the affordable
18housing needs of low-income and very low-income households
19within such municipality, (ii) 10% shall be transferred into
20the Regional Transportation Authority Occupation and Use Tax
21Replacement Fund, a special fund in the State treasury which is
22hereby created, (iii) until July 1, 2013, subject to
23appropriation to the Department of Transportation, the The
24Madison County Mass Transit District shall receive .6%, and
25beginning on July 1, 2013, subject to appropriation to the

 

 

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1Department of Revenue, 0.6% shall be distributed each month out
2of the Fund to the Madison County Mass Transit District, (iv)
3the following amounts, plus any cumulative deficiency in such
4transfers for prior months, shall be transferred monthly into
5the Build Illinois Fund and credited to the Build Illinois Bond
6Account therein:
7Fiscal YearAmount
81990$2,700,000
919911,850,000
1019922,750,000
1119932,950,000
12    From Fiscal Year 1994 through Fiscal Year 2025 the transfer
13shall total $3,150,000 monthly, plus any cumulative deficiency
14in such transfers for prior months, and (v) the remainder of
15the money paid into the State and Local Sales Tax Reform Fund
16shall be transferred into the Local Government Distributive
17Fund and, except for municipalities with 1,000,000 or more
18inhabitants which shall receive no portion of such remainder,
19shall be distributed, subject to appropriation, in the manner
20provided by Section 2 of "An Act in relation to State revenue
21sharing with local government entities", approved July 31,
221969, as now or hereafter amended. Municipalities with more
23than 50,000 inhabitants according to the 1980 U.S. Census and
24located within the Metro East Mass Transit District receiving
25funds pursuant to provision (v) of this paragraph may expend
26such amounts to fund and establish a program for developing and

 

 

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1coordinating public and private resources targeted to meet the
2affordable housing needs of low-income and very low-income
3households within such municipality.
4(Source: P.A. 95-708, eff. 1-18-08.)
 
5    Section 35. The Federal Stimulus Tracking Act is amended by
6changing Section 5 as follows:
 
7    (30 ILCS 270/5)
8    (Section scheduled to be repealed on January 1, 2015)
9    Sec. 5. Federal stimulus tracking.
10    (a) The Governor's Office, or a designated State agency,
11shall track and report by means of a quarterly monthly report
12the State's spending of the federal stimulus moneys provided
13pursuant to the American Recovery and Reinvestment Act of 2009.
14    (b) Each quarterly monthly report shall list the amount of
15the State's federal stimulus spending, by category, based on
16available federal and State data. The reports may also list any
17required matching funds required by the State to be eligible
18for federal stimulus funding. The reports may make
19recommendations (i) concerning ways for Illinois to maximize
20its share of federal stimulus spending or (ii) suggesting
21changes to Illinois law that could help to maximize its share
22of federal stimulus spending. A final report compiling data
23from the quarterly monthly reports shall be available online at
24the conclusion of the American Recovery and Reinvestment Act

 

 

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1program or by December 31, 2014, whichever occurs first.
2    (c) The reports shall be available on a State of Illinois
3website and filed with the Speaker and Minority Leader of the
4House and the President and Minority Leader of the Senate.
5    (d) The General Assembly may by resolution request that
6specific data, findings, or analyses be included in a monthly
7report. The Commission on Government Forecasting and
8Accountability shall provide the Governor's Office technical,
9analytical, and substantive assistance in preparing the
10requested data, findings, or analyses.
11    (e) This Act is repealed on January 1, 2015.
12(Source: P.A. 96-169, eff. 8-10-09.)
 
13    Section 40. The General Obligation Bond Act is amended by
14changing Section 11 as follows:
 
15    (30 ILCS 330/11)  (from Ch. 127, par. 661)
16    Sec. 11. Sale of Bonds. Except as otherwise provided in
17this Section, Bonds shall be sold from time to time pursuant to
18notice of sale and public bid or by negotiated sale in such
19amounts and at such times as is directed by the Governor, upon
20recommendation by the Director of the Governor's Office of
21Management and Budget. At least 25%, based on total principal
22amount, of all Bonds issued each fiscal year shall be sold
23pursuant to notice of sale and public bid. At all times during
24each fiscal year, no more than 75%, based on total principal

 

 

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1amount, of the Bonds issued each fiscal year, shall have been
2sold by negotiated sale. Failure to satisfy the requirements in
3the preceding 2 sentences shall not affect the validity of any
4previously issued Bonds; provided that all Bonds authorized by
5Public Act 96-43 and this amendatory Act of the 96th General
6Assembly shall not be included in determining compliance for
7any fiscal year with the requirements of the preceding 2
8sentences; and further provided that refunding Bonds
9satisfying the requirements of Section 16 of this Act and sold
10during fiscal year 2009, 2010, or 2011 shall not be subject to
11the requirements in the preceding 2 sentences.
12    If any Bonds, including refunding Bonds, are to be sold by
13negotiated sale, the Director of the Governor's Office of
14Management and Budget shall comply with the competitive request
15for proposal process set forth in the Illinois Procurement Code
16and all other applicable requirements of that Code.
17    If Bonds are to be sold pursuant to notice of sale and
18public bid, the Director of the Governor's Office of Management
19and Budget may shall, from time to time, as Bonds are to be
20sold, advertise the sale of the Bonds in at least 2 daily
21newspapers, one of which is published in the City of
22Springfield and one in the City of Chicago. The sale of the
23Bonds shall also be advertised in the volume of the Illinois
24Procurement Bulletin that is published by the Department of
25Central Management Services, and . Each of the advertisements
26for proposals shall be published once at least 10 days prior to

 

 

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1the date fixed for the opening of the bids. The Director of the
2Governor's Office of Management and Budget may reschedule the
3date of sale upon the giving of such additional notice as the
4Director deems adequate to inform prospective bidders of such
5change; provided, however, that all other conditions of the
6sale shall continue as originally advertised.
7    Executed Bonds shall, upon payment therefor, be delivered
8to the purchaser, and the proceeds of Bonds shall be paid into
9the State Treasury as directed by Section 12 of this Act.
10(Source: P.A. 96-18, eff. 6-26-09; 96-43, eff. 7-15-09;
1196-1497, eff. 1-14-11.)
 
12    Section 45. The Build Illinois Bond Act is amended by
13changing Section 8 as follows:
 
14    (30 ILCS 425/8)  (from Ch. 127, par. 2808)
15    Sec. 8. Sale of Bonds. Bonds, except as otherwise provided
16in this Section, shall be sold from time to time pursuant to
17notice of sale and public bid or by negotiated sale in such
18amounts and at such times as are directed by the Governor, upon
19recommendation by the Director of the Governor's Office of
20Management and Budget. At least 25%, based on total principal
21amount, of all Bonds issued each fiscal year shall be sold
22pursuant to notice of sale and public bid. At all times during
23each fiscal year, no more than 75%, based on total principal
24amount, of the Bonds issued each fiscal year shall have been

 

 

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1sold by negotiated sale. Failure to satisfy the requirements in
2the preceding 2 sentences shall not affect the validity of any
3previously issued Bonds; and further provided that refunding
4Bonds satisfying the requirements of Section 15 of this Act and
5sold during fiscal year 2009, 2010, or 2011 shall not be
6subject to the requirements in the preceding 2 sentences.
7    If any Bonds are to be sold pursuant to notice of sale and
8public bid, the Director of the Governor's Office of Management
9and Budget shall comply with the competitive request for
10proposal process set forth in the Illinois Procurement Code and
11all other applicable requirements of that Code.
12    If Bonds are to be sold pursuant to notice of sale and
13public bid, the Director of the Governor's Office of Management
14and Budget may shall, from time to time, as Bonds are to be
15sold, advertise the sale of the Bonds in at least 2 daily
16newspapers, one of which is published in the City of
17Springfield and one in the City of Chicago. The sale of the
18Bonds shall also be advertised in the volume of the Illinois
19Procurement Bulletin that is published by the Department of
20Central Management Services, and . Each of the advertisements
21for proposals shall be published once at least 10 days prior to
22the date fixed for the opening of the bids. The Director of the
23Governor's Office of Management and Budget may reschedule the
24date of sale upon the giving of such additional notice as the
25Director deems adequate to inform prospective bidders of the
26change; provided, however, that all other conditions of the

 

 

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1sale shall continue as originally advertised. Executed Bonds
2shall, upon payment therefor, be delivered to the purchaser,
3and the proceeds of Bonds shall be paid into the State Treasury
4as directed by Section 9 of this Act. The Governor or the
5Director of the Governor's Office of Management and Budget is
6hereby authorized and directed to execute and deliver contracts
7of sale with underwriters and to execute and deliver such
8certificates, indentures, agreements and documents, including
9any supplements or amendments thereto, and to take such actions
10and do such things as shall be necessary or desirable to carry
11out the purposes of this Act. Any action authorized or
12permitted to be taken by the Director of the Governor's Office
13of Management and Budget pursuant to this Act is hereby
14authorized to be taken by any person specifically designated by
15the Governor to take such action in a certificate signed by the
16Governor and filed with the Secretary of State.
17(Source: P.A. 96-18, eff. 6-26-09.)
 
18    Section 50. The Industrial Development Assistance Law is
19amended by changing Section 3 as follows:
 
20    (30 ILCS 720/3)  (from Ch. 85, par. 893)
21    Sec. 3. Definitions. "Department" means the Department of
22Commerce and Economic Opportunity.
23    "Governing bodies" means, as to any county, municipality or
24township, the body empowered to enact ordinances or to adopt

 

 

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1resolutions for the governance of such county, municipality or
2township.
3    "Industrial development agency" means any nonprofit
4corporation, organization, association or agency which shall
5be designated by proper resolution of the governing body of any
6county, concurred in by resolution of the governing bodies of
7municipalities or townships within said county having in the
8aggregate over 50% of the population of said county, as
9determined by the last preceding decennial United States
10Census, as the agency authorized to make application to and
11receive grants, subject to appropriation, from the Department
12of Commerce and Economic Opportunity for the purposes specified
13in this Act. Any two or more counties may, by the procedures
14provided in this Act, designate a single industrial development
15agency to represent such counties for the purposes of this Act.
16(Source: P.A. 94-793, eff. 5-19-06.)
 
17    Section 55. The Build Illinois Act is amended by changing
18Section 9-4.5 as follows:
 
19    (30 ILCS 750/9-4.5)
20    Sec. 9-4.5. Community economic development project.
21    (a) Subject to appropriation, the The Department shall
22establish a comprehensive community economic development
23project. The project shall provide technical assistance to 5
24communities for the following purposes:

 

 

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1        (1) To develop a comprehensive understanding of the
2    community.
3        (2) To plan for industrial retention and development.
4        (3) To establish an early warning network to warn of
5    potential business closings.
6        (4) To provide on-going technical assistance in areas
7    including, but not limited to, succession planning;
8    acquisition of companies by local entrepreneurs, with
9    special encouragement for minorities, women, and groups of
10    employees; job training; and technology improvement.
11    (b) Subject to appropriation, the The Department shall
12select the communities that participate in the project through
13a competitive process open to all communities in Illinois. For
14purposes of this Section, "community" includes municipalities,
15other units of local government, and neighborhoods and regions
16within municipalities or other units of local government.
17Community direction of the project and the capacity of the
18community to fulfill project goals established by the
19Department shall be prerequisites for participation. The
20Department shall issue rules establishing the competitive
21process.
22(Source: P.A. 88-191; 88-670, eff. 12-2-94.)
 
23    (50 ILCS 330/5 rep.)
24    Section 57. The Illinois Municipal Budget Law is amended by
25repealing Section 5.
 

 

 

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1    Section 60. The Illinois Banking Act is amended by changing
2Section 5 as follows:
 
3    (205 ILCS 5/5)  (from Ch. 17, par. 311)
4    Sec. 5. General corporate powers. A bank organized under
5this Act or subject hereto shall be a body corporate and
6politic and shall, without specific mention thereof in the
7charter, have all the powers conferred by this Act and the
8following additional general corporate powers:
9    (1) To sue and be sued, complain, and defend in its
10corporate name.
11    (2) To have a corporate seal, which may be altered at
12pleasure, and to use the same by causing it or a facsimile
13thereof to be impressed or affixed or in any manner reproduced,
14provided that the affixing of a corporate seal to an instrument
15shall not give the instrument additional force or effect, or
16change the construction thereof, and the use of a corporate
17seal is not mandatory.
18    (3) To make, alter, amend, and repeal bylaws, not
19inconsistent with its charter or with law, for the
20administration of the affairs of the bank. If this Act does not
21provide specific guidance in matters of corporate governance,
22the provisions of the Business Corporation Act of 1983 may be
23used if so provided in the bylaws, and if the bank is a limited
24liability company, the provisions of the Limited Liability

 

 

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1Company Act shall be used.
2    (4) To elect or appoint and remove officers and agents of
3the bank and define their duties and fix their compensation.
4    (5) To adopt and operate reasonable bonus plans,
5profit-sharing plans, stock-bonus plans, stock-option plans,
6pension plans and similar incentive plans for its directors,
7officers and employees.
8    (5.1) To manage, operate and administer a fund for the
9investment of funds by a public agency or agencies, including
10any unit of local government or school district, or any person.
11The fund for a public agency shall invest in the same type of
12investments and be subject to the same limitations provided for
13the investment of public funds. The fund for public agencies
14shall maintain a separate ledger showing the amount of
15investment for each public agency in the fund. "Public funds"
16and "public agency" as used in this Section shall have the
17meanings ascribed to them in Section 1 of the Public Funds
18Investment Act.
19    (6) To make reasonable donations for the public welfare or
20for charitable, scientific, religious or educational purposes.
21    (7) To borrow or incur an obligation; and to pledge its
22assets:
23        (a) to secure its borrowings, its lease of personal or
24    real property or its other nondeposit obligations;
25        (b) to enable it to act as agent for the sale of
26    obligations of the United States;

 

 

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1        (c) to secure deposits of public money of the United
2    States, whenever required by the laws of the United States,
3    including without being limited to, revenues and funds the
4    deposit of which is subject to the control or regulation of
5    the United States or any of its officers, agents, or
6    employees and Postal Savings funds;
7        (d) to secure deposits of public money of any state or
8    of any political corporation or subdivision thereof
9    including, without being limited to, revenues and funds the
10    deposit of which is subject to the control or regulation of
11    any state or of any political corporation or subdivisions
12    thereof or of any of their officers, agents, or employees;
13        (e) to secure deposits of money whenever required by
14    the National Bankruptcy Act;
15        (f) (blank); and
16        (g) to secure trust funds commingled with the bank's
17    funds, whether deposited by the bank or an affiliate of the
18    bank, pursuant to Section 2-8 of the Corporate Fiduciary
19    Act.
20    (8) To own, possess, and carry as assets all or part of the
21real estate necessary in or with which to do its banking
22business, either directly or indirectly through the ownership
23of all or part of the capital stock, shares or interests in any
24corporation, association, trust engaged in holding any part or
25parts or all of the bank premises, engaged in such business and
26in conducting a safe deposit business in the premises or part

 

 

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1of them, or engaged in any activity that the bank is permitted
2to conduct in a subsidiary pursuant to paragraph (12) of this
3Section 5.
4    (9) To own, possess, and carry as assets other real estate
5to which it may obtain title in the collection of its debts or
6that was formerly used as a part of the bank premises, but
7title to any real estate except as herein permitted shall not
8be retained by the bank, either directly or by or through a
9subsidiary, as permitted by subsection (12) of this Section for
10a total period of more than 10 years after acquiring title,
11either directly or indirectly.
12    (10) To do any act, including the acquisition of stock,
13necessary to obtain insurance of its deposits, or part thereof,
14and any act necessary to obtain a guaranty, in whole or in
15part, of any of its loans or investments by the United States
16or any agency thereof, and any act necessary to sell or
17otherwise dispose of any of its loans or investments to the
18United States or any agency thereof, and to acquire and hold
19membership in the Federal Reserve System.
20    (11) Notwithstanding any other provisions of this Act or
21any other law, to do any act and to own, possess, and carry as
22assets property of the character, including stock, that is at
23the time authorized or permitted to national banks by an Act of
24Congress, but subject always to the same limitations and
25restrictions as are applicable to national banks by the
26pertinent federal law and subject to applicable provisions of

 

 

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1the Financial Institutions Insurance Sales Law.
2    (12) To own, possess, and carry as assets stock of one or
3more corporations that is, or are, engaged in one or more of
4the following businesses:
5        (a) holding title to and administering assets acquired
6    as a result of the collection or liquidating of loans,
7    investments, or discounts; or
8        (b) holding title to and administering personal
9    property acquired by the bank, directly or indirectly
10    through a subsidiary, for the purpose of leasing to others,
11    provided the lease or leases and the investment of the
12    bank, directly or through a subsidiary, in that personal
13    property otherwise comply with Section 35.1 of this Act; or
14        (c) carrying on or administering any of the activities
15    excepting the receipt of deposits or the payment of checks
16    or other orders for the payment of money in which a bank
17    may engage in carrying on its general banking business;
18    provided, however, that nothing contained in this
19    paragraph (c) shall be deemed to permit a bank organized
20    under this Act or subject hereto to do, either directly or
21    indirectly through any subsidiary, any act, including the
22    making of any loan or investment, or to own, possess, or
23    carry as assets any property that if done by or owned,
24    possessed, or carried by the State bank would be in
25    violation of or prohibited by any provision of this Act.
26    The provisions of this subsection (12) shall not apply to

 

 

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1and shall not be deemed to limit the powers of a State bank
2with respect to the ownership, possession, and carrying of
3stock that a State bank is permitted to own, possess, or carry
4under this Act.
5    Any bank intending to establish a subsidiary under this
6subsection (12) shall give written notice to the Commissioner
760 days prior to the subsidiary's commencing of business or, as
8the case may be, prior to acquiring stock in a corporation that
9has already commenced business. After receiving the notice, the
10Commissioner may waive or reduce the balance of the 60 day
11notice period. The Commissioner may specify the form of the
12notice, may designate the types of subsidiaries not subject to
13this notice requirement, and may promulgate rules and
14regulations to administer this subsection (12).
15    (13) To accept for payment at a future date not exceeding
16one year from the date of acceptance, drafts drawn upon it by
17its customers; and to issue, advise, or confirm letters of
18credit authorizing the holders thereof to draw drafts upon it
19or its correspondents.
20    (14) To own and lease personal property acquired by the
21bank at the request of a prospective lessee and upon the
22agreement of that person to lease the personal property
23provided that the lease, the agreement with respect thereto,
24and the amount of the investment of the bank in the property
25comply with Section 35.1 of this Act.
26    (15) (a) To establish and maintain, in addition to the main

 

 

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1    banking premises, branches offering any banking services
2    permitted at the main banking premises of a State bank.
3        (b) To establish and maintain, after May 31, 1997,
4    branches in another state that may conduct any activity in
5    that state that is authorized or permitted for any bank
6    that has a banking charter issued by that state, subject to
7    the same limitations and restrictions that are applicable
8    to banks chartered by that state.
9    (16) (Blank).
10    (17) To establish and maintain terminals, as authorized by
11the Electronic Fund Transfer Act.
12    (18) To establish and maintain temporary service booths at
13any International Fair held in this State which is approved by
14the United States Department of Commerce, for the duration of
15the international fair for the sole purpose of providing a
16convenient place for foreign trade customers at the fair to
17exchange their home countries' currency into United States
18currency or the converse. This power shall not be construed as
19establishing a new place or change of location for the bank
20providing the service booth.
21    (19) To indemnify its officers, directors, employees, and
22agents, as authorized for corporations under Section 8.75 of
23the Business Corporation Act of 1983.
24    (20) To own, possess, and carry as assets stock of, or be
25or become a member of, any corporation, mutual company,
26association, trust, or other entity formed exclusively for the

 

 

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1purpose of providing directors' and officers' liability and
2bankers' blanket bond insurance or reinsurance to and for the
3benefit of the stockholders, members, or beneficiaries, or
4their assets or businesses, or their officers, directors,
5employees, or agents, and not to or for the benefit of any
6other person or entity or the public generally.
7    (21) To make debt or equity investments in corporations or
8projects, whether for profit or not for profit, designed to
9promote the development of the community and its welfare,
10provided that the aggregate investment in all of these
11corporations and in all of these projects does not exceed 10%
12of the unimpaired capital and unimpaired surplus of the bank
13and provided that this limitation shall not apply to
14creditworthy loans by the bank to those corporations or
15projects. Upon written application to the Commissioner, a bank
16may make an investment that would, when aggregated with all
17other such investments, exceed 10% of the unimpaired capital
18and unimpaired surplus of the bank. The Commissioner may
19approve the investment if he is of the opinion and finds that
20the proposed investment will not have a material adverse effect
21on the safety and soundness of the bank.
22    (22) To own, possess, and carry as assets the stock of a
23corporation engaged in the ownership or operation of a travel
24agency or to operate a travel agency as a part of its business.
25    (23) With respect to affiliate facilities:
26        (a) to conduct at affiliate facilities for and on

 

 

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1    behalf of another commonly owned bank, if so authorized by
2    the other bank, all transactions that the other bank is
3    authorized or permitted to perform; and
4        (b) to authorize a commonly owned bank to conduct for
5    and on behalf of it any of the transactions it is
6    authorized or permitted to perform at one or more affiliate
7    facilities.
8    Any bank intending to conduct or to authorize a commonly
9owned bank to conduct at an affiliate facility any of the
10transactions specified in this paragraph (23) shall give
11written notice to the Commissioner at least 30 days before any
12such transaction is conducted at the affiliate facility.
13    (24) To act as the agent for any fire, life, or other
14insurance company authorized by the State of Illinois, by
15soliciting and selling insurance and collecting premiums on
16policies issued by such company; and to receive for services so
17rendered such fees or commissions as may be agreed upon between
18the bank and the insurance company for which it may act as
19agent; provided, however, that no such bank shall in any case
20assume or guarantee the payment of any premium on insurance
21policies issued through its agency by its principal; and
22provided further, that the bank shall not guarantee the truth
23of any statement made by an assured in filing his application
24for insurance.
25    (25) Notwithstanding any other provisions of this Act or
26any other law, to offer any product or service that is at the

 

 

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1time authorized or permitted to any insured savings association
2or out-of-state bank by applicable law, provided that powers
3conferred only by this subsection (25):
4        (a) shall always be subject to the same limitations and
5    restrictions that are applicable to the insured savings
6    association or out-of-state bank for the product or service
7    by such applicable law;
8        (b) shall be subject to applicable provisions of the
9    Financial Institutions Insurance Sales Law;
10        (c) shall not include the right to own or conduct a
11    real estate brokerage business for which a license would be
12    required under the laws of this State; and
13        (d) shall not be construed to include the establishment
14    or maintenance of a branch, nor shall they be construed to
15    limit the establishment or maintenance of a branch pursuant
16    to subsection (11).
17    Not less than 30 days before engaging in any activity under
18the authority of this subsection, a bank shall provide written
19notice to the Commissioner of its intent to engage in the
20activity. The notice shall indicate the specific federal or
21state law, rule, regulation, or interpretation the bank intends
22to use as authority to engage in the activity.
23(Source: P.A. 92-483, eff. 8-23-01; 92-811, eff. 8-21-02;
2493-561; eff.1-1-04.)
 
25    Section 65. The Savings Bank Act is amended by changing

 

 

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1Section 8006 as follows:
 
2    (205 ILCS 205/8006)  (from Ch. 17, par. 7308-6)
3    Sec. 8006. Merger; Secretary's certificate. The executed
4merger agreement together with copies of the resolutions of the
5members or stockholders of each merging depository institution
6approving it, certified by the president or vice president, and
7attested to by the secretary of the savings bank, shall be
8filed with the Secretary. The Secretary shall then issue to the
9continuing savings bank a certificate of merger, setting forth
10the name of each merging depository institution, the name of
11the continuing savings bank, and the articles of incorporation
12of the continuing savings bank. The merger takes effect upon
13the issuance of the certificate of merger recording of the
14certificate in the same manner as the articles of incorporation
15in each county in which the business office of any of the
16merging depository institutions was located and in the county
17in which the business office of the continuing savings bank is
18located. When duly recorded, the certificate shall be
19conclusive evidence of the merger and of the correctness of the
20proceedings therefor except against the State.
21(Source: P.A. 97-492, eff. 1-1-12.)
 
22    Section 70. The Sales Finance Agency Act is amended by
23changing Section 13 as follows:
 

 

 

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1    (205 ILCS 660/13)  (from Ch. 17, par. 5231)
2    Sec. 13. Rules. The Department may make and enforce such
3reasonable rules, regulations, directions, orders, decisions
4and findings as the execution and enforcement of this Act
5require, and as are not inconsistent therewith. In addition,
6the Department may promulgate rules in connection with the
7activities of licensees that are necessary and appropriate for
8the protection of consumers in this State. All rules and
9regulations shall be sent electronically to printed and copies
10thereof mailed to all licensees.
11(Source: P.A. 90-437, eff. 1-1-98; 91-698, eff. 5-6-00.)
 
12    Section 75. The Consumer Installment Loan Act is amended by
13changing Section 22 as follows:
 
14    (205 ILCS 670/22)  (from Ch. 17, par. 5428)
15    Sec. 22. Rules and regulations. The Department may make and
16enforce such reasonable rules, regulations, directions,
17orders, decisions, and findings as the execution and
18enforcement of the provisions of this Act require, and as are
19not inconsistent therewith. In addition, the Department may
20promulgate rules in connection with the activities of licensees
21that are necessary and appropriate for the protection of
22consumers in this State. All rules, regulations and directions
23of a general character shall be sent electronically to printed
24and copies thereof mailed to all licensees.

 

 

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1(Source: P.A. 90-437, eff. 1-1-98; 91-698, eff. 5-6-00.)
 
2    Section 80. The Illinois Chemical Safety Act is amended by
3changing Section 3 as follows:
 
4    (430 ILCS 45/3)  (from Ch. 111 1/2, par. 953)
5    Sec. 3. Definitions. For the purposes of this Act:
6    "Agency" means the Illinois Environmental Protection
7Agency.
8    "Business" means any individual, partnership, corporation,
9or association in the State engaged in a business operation
10that has 5 or more full-time employees, or 20 or more part-time
11employees, and that is properly assigned or included within one
12of the following Standard Industrial Classifications (SIC), as
13designated in the Standard Industrial Classification Manual
14prepared by the Federal Office of Management and Budget:
15    2295 Coated fabrics, not rubberized;
16    2491 Wood preserving;
17    2671 Packaging paper and plastics film, coated and
18laminated;
19    2672 Coated and laminated paper, not elsewhere classified;
20    2812 Alkalies and chlorine;
21    2813 Industrial gases;
22    2819 Industrial inorganic chemicals, not elsewhere
23classified;
24    2821 Plastic materials, synthetic resins, and

 

 

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1non-vulcanizable elastomers;
2    2834 Pharmaceutical preparations;
3    2842 Specialty cleaning, polishing and sanitation
4preparations;
5    2851 Paints, varnishes, lacquers, enamels, and allied
6products;
7    2865 Cyclic (coal tar) crudes, and cyclic intermediaries,
8dyes and organic pigments (lakes and toners);
9    2869 Industrial organic chemicals, not elsewhere
10classified;
11    2873 Nitrogenous fertilizer;
12    2874 Phosphatic fertilizers;
13    2879 Pesticides and agricultural chemicals, not elsewhere
14classified;
15    2891 Adhesives and sealants;
16    2892 Explosives;
17    2911 Petroleum refining;
18    2952 Asphalt felts and coatings;
19    2999 Products of petroleum and coal, not elsewhere
20classified;
21    3081 Unsupported plastics, film and sheet;
22    3082 Unsupported plastics profile shapes;
23    3083 Laminated plastics plate, sheet and profile shapes;
24    3084 Plastic pipe;
25    3085 Plastic bottles;
26    3086 Plastic foam products;

 

 

SB1621 Engrossed- 34 -LRB098 09951 HLH 40109 b

1    3087 Custom compounding of purchased plastic resin;
2    3088 Plastic plumbing fixtures;
3    3089 Plastic products, not elsewhere classified;
4    3111 Leather tanning and finishing;
5    3339 Primary smelting and refining of nonferrous metals,
6except copper and aluminum;
7    3432 Plumbing fixture fittings and trim;
8    3471 Electroplating, plating, polishing, anodizing and
9coloring;
10    4953 Refuse systems;
11    5085 Industrial supplies;
12    5162 Plastic materials and basic forms and shapes;
13    5169 Chemicals and allied products, not elsewhere
14classified;
15    5171 Petroleum bulk stations and terminals;
16    5172 Petroleum and petroleum products, wholesalers, except
17bulk stations and terminals.
18    For the purposes of this Act, the SIC Code that a business
19uses for determining its coverage under The Unemployment
20Insurance Act shall be the SIC Code for determining the
21applicability of this Act. On an annual basis, the Department
22of Employment Security shall provide the IEMA with a list of
23those regulated facilities covered by the above mentioned SIC
24codes.
25    "Business" also means any facility not covered by the above
26SIC codes that is subject to the provisions of Section 302 of

 

 

SB1621 Engrossed- 35 -LRB098 09951 HLH 40109 b

1the federal Emergency Planning and Community Right-to-Know Act
2of 1986 and that is found by the Agency to use, store, or
3manufacture a chemical substance in a quantity that poses a
4threat to the environment or public health. Such a
5determination shall be based on an on-site inspection conducted
6by the Agency and certified to the IEMA. The Agency shall also
7conduct inspections at the request of IEMA or upon a written
8request setting forth a justification to the IEMA from the
9chairman of the local emergency planning committee upon
10recommendation of the committee. The IEMA shall transmit a copy
11of the request to the Agency. The Agency may, in the event of a
12reportable release that occurs at any facility operated or
13owned by a business not covered by the above SIC codes, conduct
14inspections if the site hazard appears to warrant such action.
15The above notwithstanding, any farm operation shall not be
16considered as a facility subject to this definition.
17    Notwithstanding the above, for purposes of this Act,
18"business" does not mean any facility for which the
19requirements promulgated at Part 1910.119 of Title 29 of the
20Code of Federal Regulations are applicable or which has
21completed and submitted the plan required by Part 68 of Title
2240 of the Code of Federal Regulations, provided that such
23business conducts and documents in writing an assessment for
24any instance where the Agency provides notice that a
25significant release of a chemical substance has occurred at a
26facility. Such assessment shall explain the nature, cause and

 

 

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1known effects of the release, any mitigating actions taken, and
2preventive measures that can be employed to avoid a future
3release. Such assessment shall be available at the facility for
4review within 30 days after the Agency notifies the facility
5that a significant release has occurred. The Agency may provide
6written comments to the business following an on-site review of
7an assessment.
8    "Chemical name" means the scientific designation of a
9chemical in accordance with the nomenclature system developed
10by the International Union of Pure and Applied Chemistry
11(IUPAC) or the American Chemical Society's Chemical Abstracts
12Service (CAS) rules of nomenclature, or a name that will
13clearly identify the chemical for hazard evaluation purposes.
14    "Chemical substance" means any "extremely hazardous
15substance" listed in Appendix A of 40 C.F.R. Part 355 that is
16present at a facility in an amount in excess of its threshold
17planning quantity, any "hazardous substance" listed in 40
18C.F.R. Section 302.4 that is present at a facility in an amount
19in excess of its reportable quantity or in excess of its
20threshold planning quantity if it is also an "extremely
21hazardous substance", and any petroleum including crude oil or
22any fraction thereof that is present at a facility in an amount
23exceeding 100 pounds unless it is specifically listed as a
24"hazardous substance" or an "extremely hazardous substance".
25"Chemical substance" does not mean any substance to the extent
26it is used for personal, family, or household purposes or to

 

 

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1the extent it is present in the same form and concentration as
2a product packaged for distribution to and use by the general
3public.
4    "IEMA" means the Illinois Emergency Management Agency.
5    "Facility" means the buildings and all real property
6contiguous thereto, and the equipment at a single location used
7for the conduct of business.
8    "Local emergency planning committee" means the committee
9that is appointed for an emergency planning district under the
10provisions of Section 301 of the federal Emergency Planning and
11Community Right-to-Know Act of 1986.
12    "Release" means any sudden spilling, leaking, pumping,
13pouring, emitting, escaping, emptying, discharging, injecting,
14leaching, dumping, or disposing into the environment beyond the
15boundaries of a facility, but excludes the following:
16        (a) Any release that results in exposure to persons
17    solely within a workplace, with respect to a claim that
18    such persons may assert against their employer.
19        (b) Emissions from the engine exhaust of a motor
20    vehicle, rolling stock, aircraft, vessel, or pipeline
21    pumping station engine.
22        (c) Release of source, byproduct, or special nuclear
23    material from a nuclear incident, as those terms are
24    defined in the Atomic Energy Act of 1954, if the release is
25    subject to requirements with respect to financial
26    protection established by the Nuclear Regulatory

 

 

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1    Commission under Section 170 of the Atomic Energy Act of
2    1954.
3        (d) The normal application of fertilizer.
4    "Significant release" means any release which is so
5designated in writing by the Agency or the IEMA based upon an
6inspection at the site of an emergency incident, or any release
7which results in any evacuation, hospitalization, or
8fatalities of the public.
9(Source: P.A. 97-333, eff. 8-12-11.)
 
10    (625 ILCS 5/15-115 rep.)
11    Section 85. The Illinois Vehicle Code is amended by
12repealing Section 15-115.
 
13    Section 90. The Payday Loan Reform Act is amended by
14changing Section 4-30 as follows:
 
15    (815 ILCS 122/4-30)
16    Sec. 4-30. Rulemaking; industry review.
17    (a) The Department may make and enforce such reasonable
18rules, regulations, directions, orders, decisions, and
19findings as the execution and enforcement of the provisions of
20this Act require, and as are not inconsistent therewith. All
21rules, regulations, and directions of a general character shall
22be sent electronically to printed and copies thereof mailed to
23all licensees.

 

 

SB1621 Engrossed- 39 -LRB098 09951 HLH 40109 b

1    (b) Within 6 months after the effective date of this Act,
2the Department shall promulgate reasonable rules regarding the
3issuance of payday loans by banks, savings banks, savings and
4loan associations, credit unions, and insurance companies.
5These rules shall be consistent with this Act and shall be
6limited in scope to the actual products and services offered by
7lenders governed by this Act.
8    (c) After the effective date of this Act, the Department
9shall, over a 3-year period, conduct a study of the payday loan
10industry to determine the impact and effectiveness of this Act.
11The Department shall report its findings to the General
12Assembly within 3 months of the third anniversary of the
13effective date of this Act. The study shall determine the
14effect of this Act on the protection of consumers in this State
15and on the fair and reasonable regulation of the payday loan
16industry. The study shall include, but shall not be limited to,
17an analysis of the ability of the industry to use private
18reporting tools that:
19        (1) ensure substantial compliance with this Act,
20    including real time reporting of outstanding payday loans;
21    and
22        (2) provide data to the Department in an appropriate
23    form and with appropriate content to allow the Department
24    to adequately monitor the industry.
25    The report of the Department shall, if necessary, identify
26and recommend specific amendments to this Act to further

 

 

SB1621 Engrossed- 40 -LRB098 09951 HLH 40109 b

1protect consumers and to guarantee fair and reasonable
2regulation of the payday loan industry.
3(Source: P.A. 94-13, eff. 12-6-05.)
 
4    Section 999. Effective date. This Act takes effect upon
5becoming law.