SB1621 EnrolledLRB098 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    (5 ILCS 390/Act rep.)
5    Section 5. The Supported Employees Act is repealed.
 
6    (20 ILCS 605/605-75 rep.)
7    Section 10. The Department of Commerce and Economic
8Opportunity Law of the Civil Administrative Code of Illinois is
9amended by repealing Section 605-75.
 
10    Section 15. The Energy Conservation and Coal Development
11Act is amended by changing Section 3 as follows:
 
12    (20 ILCS 1105/3)  (from Ch. 96 1/2, par. 7403)
13    Sec. 3. Powers and Duties.
14    (a) In addition to its other powers, the Department has the
15following powers:
16        (1) To administer for the State any energy programs and
17    activities under federal law, regulations or guidelines,
18    and to coordinate such programs and activities with other
19    State agencies, units of local government, and educational
20    institutions.
21        (2) To represent the State in energy matters involving

 

 

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1    the federal government, other states, units of local
2    government, and regional agencies.
3        (3) To prepare energy contingency plans for
4    consideration by the Governor and the General Assembly.
5    Such plans shall include procedures for determining when a
6    foreseeable danger exists of energy shortages, including
7    shortages of petroleum, coal, nuclear power, natural gas,
8    and other forms of energy, and shall specify the actions to
9    be taken to minimize hardship and maintain the general
10    welfare during such energy shortages.
11        (4) To cooperate with State colleges and universities
12    and their governing boards in energy programs and
13    activities.
14        (5) (Blank).
15        (6) To accept, receive, expend, and administer,
16    including by contracts and grants to other State agencies,
17    any energy-related gifts, grants, cooperative agreement
18    funds, and other funds made available to the Department by
19    the federal government and other public and private
20    sources.
21        (7) To investigate practical problems, seek and
22    utilize financial assistance, implement studies and
23    conduct research relating to the production, distribution
24    and use of alcohol fuels.
25        (8) To serve as a clearinghouse for information on
26    alcohol production technology; provide assistance,

 

 

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1    information and data relating to the production and use of
2    alcohol; develop informational packets and brochures, and
3    hold public seminars to encourage the development and
4    utilization of the best available technology.
5        (9) To coordinate with other State agencies in order to
6    promote the maximum flow of information and to avoid
7    unnecessary overlapping of alcohol fuel programs. In order
8    to effectuate this goal, the Director of the Department or
9    his representative shall consult with the Directors, or
10    their representatives, of the Departments of Agriculture,
11    Central Management Services, Transportation, and Revenue,
12    the Office of the State Fire Marshal, and the Environmental
13    Protection Agency.
14        (10) To operate, within the Department, an Office of
15    Coal Development and Marketing for the promotion and
16    marketing of Illinois coal both domestically and
17    internationally. The Department may use monies
18    appropriated for this purpose for necessary administrative
19    expenses.
20        The Office of Coal Development and Marketing shall
21    develop and implement an initiative to assist the coal
22    industry in Illinois to increase its share of the
23    international coal market.
24        (11) To assist the Department of Central Management
25    Services in establishing and maintaining a system to
26    analyze and report energy consumption of facilities leased

 

 

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1    by the Department of Central Management Services.
2        (12) To consult with the Departments of Natural
3    Resources and Transportation and the Illinois
4    Environmental Protection Agency for the purpose of
5    developing methods and standards that encourage the
6    utilization of coal combustion by-products as value added
7    products in productive and benign applications.
8        (13) To provide technical assistance and information
9    to sellers and distributors of storage hot water heaters
10    doing business in Illinois, pursuant to Section 1 of the
11    Hot Water Heater Efficiency Act.
12    (b) (Blank).
13    (c) (Blank).
14    (d) The Department shall develop a package of educational
15materials regarding the necessity of waste reduction and
16recycling to reduce dependence on landfills and to maintain
17environmental quality. The materials developed shall be
18suitable for instructional use in grades 3, 4 and 5. The
19Department shall distribute such instructional material to all
20public elementary and unit school districts no later than
21November 1, of each year.
22    (e) (Blank). The Department shall study the feasibility of
23requiring that wood and sawdust from construction waste,
24demolition projects, sawmills, or other projects or industries
25where wood is used in a large amount be shredded and composted,
26and that such wood be prohibited from being disposed of in a

 

 

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1landfill. The Department shall report the results of this study
2to the General Assembly by January 1, 1991.
3    (f) (Blank).
4    (g) (Blank). The Department shall develop a program
5designated to encourage the recycling of outdated telephone
6directories and to encourage the printing of new directories on
7recycled paper. The Department shall work in conjunction with
8printers and distributors of telephone directories distributed
9in the State to provide them with any technical assistance
10available in their efforts to procure appropriate recycled
11paper. The Department shall also encourage directory
12distributors to pick up outdated directories as they distribute
13new ones, and shall assist any distributor who is willing to do
14so in finding a recycler willing to purchase the old
15directories and in publicizing and promoting with citizens of
16the area the distributor's collection efforts and schedules.
17    (h) (Blank). The Department shall assist, cooperate with
18and provide necessary staff and resources for the Interagency
19Energy Conservation Committee, which shall be chaired by the
20Director of the Department.
21    (i) (Blank).
22(Source: P.A. 92-736, eff. 7-25-02.)
 
23    Section 20. The Illinois Emergency Management Agency Act is
24amended by changing Section 18 as follows:
 

 

 

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1    (20 ILCS 3305/18)  (from Ch. 127, par. 1068)
2    Sec. 18. Orders, Rules and Regulations.
3    (a) The Governor shall file a copy of every rule,
4regulation or order, and any amendment thereof made by the
5Governor under the provisions of this Act in the office of the
6Secretary of State. No rule, regulation or order, or any
7amendment thereof shall be effective until 10 days after the
8filing, provided, however, that upon the declaration of a
9disaster by the Governor as is described in Section 7 the
10provision relating to the effective date of any rule,
11regulation, order or amendment issued under this Act and during
12the state of disaster is abrogated, and the rule, regulation,
13order or amendment shall become effective immediately upon
14being filed with the Secretary of State accompanied by a
15certificate stating the reason as required by the Illinois
16Administrative Procedure Act.
17    (b) Every emergency services and disaster agency
18established pursuant to this Act and the coordinators thereof
19shall execute and enforce the orders, rules and regulations as
20may be made by the Governor under authority of this Act. Each
21emergency services and disaster agency shall have available for
22inspection at its office all orders, rules and regulations made
23by the Governor, or under the Governor's authority. The
24Illinois Emergency Management Agency shall furnish on the
25Department's website the orders, rules and regulations to each
26such emergency services and disaster agency. Upon the written

 

 

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1request of an emergency services or disaster agency, copies
2thereof shall be mailed to the emergency services or disaster
3agency.
4(Source: P.A. 92-73, eff. 1-1-02.)
 
5    (20 ILCS 4020/Act rep.)
6    Section 25. The Prairie State 2000 Authority Act is
7repealed.
 
8    Section 30. The State Finance Act is amended by changing
9Sections 5h and 6z-17 as follows:
 
10    (30 ILCS 105/5h)
11    Sec. 5h. Cash flow borrowing and general funds liquidity.
12    (a) In order to meet cash flow deficits and to maintain
13liquidity in the General Revenue Fund, the Healthcare Provider
14Relief Fund, and the Common School Fund, on and after July 1,
152010 and through June 30, 2011, the State Treasurer and the
16State Comptroller shall make transfers to the General Revenue
17Fund, the Healthcare Provider Relief Fund, or the Common School
18Fund, as directed by the Governor, out of special funds of the
19State, to the extent allowed by federal law. No transfer may be
20made from a fund under this Section that would have the effect
21of reducing the available balance in the fund to an amount less
22than the amount remaining unexpended and unreserved from the
23total appropriation from that fund estimated to be expended for

 

 

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1that fiscal year. No such transfer may reduce the cumulative
2balance of all of the special funds of the State to an amount
3less than the total debt service payable during the 12 months
4immediately following the date of the transfer on any bonded
5indebtedness of the State and any certificates issued under the
6Short Term Borrowing Act. Notwithstanding any other provision
7of this Section, no such transfer may be made from any special
8fund that is exclusively collected by or appropriated to any
9other constitutional officer without the written approval of
10that constitutional officer.
11    (b) If moneys have been transferred to the General Revenue
12Fund, the Healthcare Provider Relief Fund, or the Common School
13Fund pursuant to subsection (a) of this Section, this
14amendatory Act of the 96th General Assembly shall constitute
15the irrevocable and continuing authority for and direction to
16the State Treasurer and State Comptroller to reimburse the
17funds of origin from the General Revenue Fund, the Healthcare
18Provider Relief Fund, or the Common School Fund, as
19appropriate, by transferring to the funds of origin, at such
20times and in such amounts as directed by the Governor when
21necessary to support appropriated expenditures from the funds,
22an amount equal to that transferred from them plus any interest
23that would have accrued thereon had the transfer not occurred,
24except that any moneys transferred pursuant to subsection (a)
25of this Section shall be repaid to the fund of origin within 18
26months after the date on which they were borrowed.

 

 

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1    (c) On the first day of each quarterly period in each
2fiscal year, until such time as a report indicates that all
3moneys borrowed and interest pursuant to this Section have been
4repaid, the Governor's Office of Management and Budget shall
5provide to the President and the Minority Leader of the Senate,
6the Speaker and the Minority Leader of the House of
7Representatives, and the Commission on Government Forecasting
8and Accountability a report on all transfers made pursuant to
9this Section in the prior quarterly period. The report must be
10provided in both written and electronic format. The report must
11include all of the following:
12        (1) The date each transfer was made.
13        (2) The amount of each transfer.
14        (3) In the case of a transfer from the General Revenue
15    Fund, the Healthcare Provider Relief Fund, or the Common
16    School Fund to a fund of origin pursuant to subsection (b)
17    of this Section, the amount of interest being paid to the
18    fund of origin.
19        (4) The end of day balance of both the fund of origin
20    and the General Revenue Fund, the Healthcare Provider
21    Relief Fund, or the Common School Fund, whichever the case
22    may be, on the date the transfer was made.
23(Source: P.A. 96-958, eff. 7-1-10; 96-1500, eff. 1-18-11;
2497-72, eff. 7-1-11 (see also P.A. 97-613 regarding effective
25date of P.A. 97-72).)
 

 

 

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1    (30 ILCS 105/6z-17)  (from Ch. 127, par. 142z-17)
2    Sec. 6z-17. Of the money paid into the State and Local
3Sales Tax Reform Fund: (i) subject to appropriation to the
4Department of Revenue, Municipalities having 1,000,000 or more
5inhabitants shall receive 20% and may expend such amount to
6fund and establish a program for developing and coordinating
7public and private resources targeted to meet the affordable
8housing needs of low-income and very low-income households
9within such municipality, (ii) 10% shall be transferred into
10the Regional Transportation Authority Occupation and Use Tax
11Replacement Fund, a special fund in the State treasury which is
12hereby created, (iii) until July 1, 2013, subject to
13appropriation to the Department of Transportation, the The
14Madison County Mass Transit District shall receive .6%, and
15beginning on July 1, 2013, subject to appropriation to the
16Department of Revenue, 0.6% shall be distributed each month out
17of the Fund to the Madison County Mass Transit District, (iv)
18the following amounts, plus any cumulative deficiency in such
19transfers for prior months, shall be transferred monthly into
20the Build Illinois Fund and credited to the Build Illinois Bond
21Account therein:
22Fiscal YearAmount
231990$2,700,000
2419911,850,000
2519922,750,000
2619932,950,000

 

 

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1    From Fiscal Year 1994 through Fiscal Year 2025 the transfer
2shall total $3,150,000 monthly, plus any cumulative deficiency
3in such transfers for prior months, and (v) the remainder of
4the money paid into the State and Local Sales Tax Reform Fund
5shall be transferred into the Local Government Distributive
6Fund and, except for municipalities with 1,000,000 or more
7inhabitants which shall receive no portion of such remainder,
8shall be distributed, subject to appropriation, in the manner
9provided by Section 2 of "An Act in relation to State revenue
10sharing with local government entities", approved July 31,
111969, as now or hereafter amended. Municipalities with more
12than 50,000 inhabitants according to the 1980 U.S. Census and
13located within the Metro East Mass Transit District receiving
14funds pursuant to provision (v) of this paragraph may expend
15such amounts to fund and establish a program for developing and
16coordinating public and private resources targeted to meet the
17affordable housing needs of low-income and very low-income
18households within such municipality.
19(Source: P.A. 95-708, eff. 1-18-08.)
 
20    Section 35. The Federal Stimulus Tracking Act is amended by
21changing Section 5 as follows:
 
22    (30 ILCS 270/5)
23    (Section scheduled to be repealed on January 1, 2015)
24    Sec. 5. Federal stimulus tracking.

 

 

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1    (a) The Governor's Office, or a designated State agency,
2shall track and report by means of a quarterly monthly report
3the State's spending of the federal stimulus moneys provided
4pursuant to the American Recovery and Reinvestment Act of 2009.
5    (b) Each quarterly monthly report shall list the amount of
6the State's federal stimulus spending, by category, based on
7available federal and State data. The reports may also list any
8required matching funds required by the State to be eligible
9for federal stimulus funding. The reports may make
10recommendations (i) concerning ways for Illinois to maximize
11its share of federal stimulus spending or (ii) suggesting
12changes to Illinois law that could help to maximize its share
13of federal stimulus spending. A final report compiling data
14from the quarterly monthly reports shall be available online at
15the conclusion of the American Recovery and Reinvestment Act
16program or by December 31, 2014, whichever occurs first.
17    (c) The reports shall be available on a State of Illinois
18website and filed with the Speaker and Minority Leader of the
19House and the President and Minority Leader of the Senate.
20    (d) The General Assembly may by resolution request that
21specific data, findings, or analyses be included in a monthly
22report. The Commission on Government Forecasting and
23Accountability shall provide the Governor's Office technical,
24analytical, and substantive assistance in preparing the
25requested data, findings, or analyses.
26    (e) This Act is repealed on January 1, 2015.

 

 

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1(Source: P.A. 96-169, eff. 8-10-09.)
 
2    Section 40. The General Obligation Bond Act is amended by
3changing Section 11 as follows:
 
4    (30 ILCS 330/11)  (from Ch. 127, par. 661)
5    Sec. 11. Sale of Bonds. Except as otherwise provided in
6this Section, Bonds shall be sold from time to time pursuant to
7notice of sale and public bid or by negotiated sale in such
8amounts and at such times as is directed by the Governor, upon
9recommendation by the Director of the Governor's Office of
10Management and Budget. At least 25%, based on total principal
11amount, of all Bonds issued each fiscal year shall be sold
12pursuant to notice of sale and public bid. At all times during
13each fiscal year, no more than 75%, based on total principal
14amount, of the Bonds issued each fiscal year, shall have been
15sold by negotiated sale. Failure to satisfy the requirements in
16the preceding 2 sentences shall not affect the validity of any
17previously issued Bonds; provided that all Bonds authorized by
18Public Act 96-43 and this amendatory Act of the 96th General
19Assembly shall not be included in determining compliance for
20any fiscal year with the requirements of the preceding 2
21sentences; and further provided that refunding Bonds
22satisfying the requirements of Section 16 of this Act and sold
23during fiscal year 2009, 2010, or 2011 shall not be subject to
24the requirements in the preceding 2 sentences.

 

 

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1    If any Bonds, including refunding Bonds, are to be sold by
2negotiated sale, the Director of the Governor's Office of
3Management and Budget shall comply with the competitive request
4for proposal process set forth in the Illinois Procurement Code
5and all other applicable requirements of that Code.
6    If Bonds are to be sold pursuant to notice of sale and
7public bid, the Director of the Governor's Office of Management
8and Budget may shall, from time to time, as Bonds are to be
9sold, advertise the sale of the Bonds in at least 2 daily
10newspapers, one of which is published in the City of
11Springfield and one in the City of Chicago. The sale of the
12Bonds shall also be advertised in the volume of the Illinois
13Procurement Bulletin that is published by the Department of
14Central Management Services, and . Each of the advertisements
15for proposals shall be published once at least 10 days prior to
16the date fixed for the opening of the bids. The Director of the
17Governor's Office of Management and Budget may reschedule the
18date of sale upon the giving of such additional notice as the
19Director deems adequate to inform prospective bidders of such
20change; provided, however, that all other conditions of the
21sale shall continue as originally advertised.
22    Executed Bonds shall, upon payment therefor, be delivered
23to the purchaser, and the proceeds of Bonds shall be paid into
24the State Treasury as directed by Section 12 of this Act.
25(Source: P.A. 96-18, eff. 6-26-09; 96-43, eff. 7-15-09;
2696-1497, eff. 1-14-11.)
 

 

 

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1    Section 45. The Build Illinois Bond Act is amended by
2changing Section 8 as follows:
 
3    (30 ILCS 425/8)  (from Ch. 127, par. 2808)
4    Sec. 8. Sale of Bonds. Bonds, except as otherwise provided
5in this Section, shall be sold from time to time pursuant to
6notice of sale and public bid or by negotiated sale in such
7amounts and at such times as are directed by the Governor, upon
8recommendation by the Director of the Governor's Office of
9Management and Budget. At least 25%, based on total principal
10amount, of all Bonds issued each fiscal year shall be sold
11pursuant to notice of sale and public bid. At all times during
12each fiscal year, no more than 75%, based on total principal
13amount, of the Bonds issued each fiscal year shall have been
14sold by negotiated sale. Failure to satisfy the requirements in
15the preceding 2 sentences shall not affect the validity of any
16previously issued Bonds; and further provided that refunding
17Bonds satisfying the requirements of Section 15 of this Act and
18sold during fiscal year 2009, 2010, or 2011 shall not be
19subject to the requirements in the preceding 2 sentences.
20    If any Bonds are to be sold pursuant to notice of sale and
21public bid, the Director of the Governor's Office of Management
22and Budget shall comply with the competitive request for
23proposal process set forth in the Illinois Procurement Code and
24all other applicable requirements of that Code.

 

 

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1    If Bonds are to be sold pursuant to notice of sale and
2public bid, the Director of the Governor's Office of Management
3and Budget may shall, from time to time, as Bonds are to be
4sold, advertise the sale of the Bonds in at least 2 daily
5newspapers, one of which is published in the City of
6Springfield and one in the City of Chicago. The sale of the
7Bonds shall also be advertised in the volume of the Illinois
8Procurement Bulletin that is published by the Department of
9Central Management Services, and . Each of the advertisements
10for proposals shall be published once at least 10 days prior to
11the date fixed for the opening of the bids. The Director of the
12Governor's Office of Management and Budget may reschedule the
13date of sale upon the giving of such additional notice as the
14Director deems adequate to inform prospective bidders of the
15change; provided, however, that all other conditions of the
16sale shall continue as originally advertised. Executed Bonds
17shall, upon payment therefor, be delivered to the purchaser,
18and the proceeds of Bonds shall be paid into the State Treasury
19as directed by Section 9 of this Act. The Governor or the
20Director of the Governor's Office of Management and Budget is
21hereby authorized and directed to execute and deliver contracts
22of sale with underwriters and to execute and deliver such
23certificates, indentures, agreements and documents, including
24any supplements or amendments thereto, and to take such actions
25and do such things as shall be necessary or desirable to carry
26out the purposes of this Act. Any action authorized or

 

 

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1permitted to be taken by the Director of the Governor's Office
2of Management and Budget pursuant to this Act is hereby
3authorized to be taken by any person specifically designated by
4the Governor to take such action in a certificate signed by the
5Governor and filed with the Secretary of State.
6(Source: P.A. 96-18, eff. 6-26-09.)
 
7    (50 ILCS 330/5 rep.)
8    Section 50. The Illinois Municipal Budget Law is amended by
9repealing Section 5.
 
10    Section 55. The School Code is amended by changing Section
1114-8.04 as follows:
 
12    (105 ILCS 5/14-8.04)  (from Ch. 122, par. 14-8.04)
13    Sec. 14-8.04. Supported employment. The school board that
14is the governing body of any secondary school in this State
15that provides special education services and facilities for
16children with disabilities shall include, as part of preparing
17the transition planning for disabled children who are 16 years
18of age or more, consideration of a supported employment
19component with experiences in integrated community settings
20for those eligible children with disabilities who have been
21determined at an IEP meeting to be in need of participation in
22the supported employment services offered pursuant to this
23Section.

 

 

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1    Supported employment services made available as part of
2transition planning under this Section shall be designed and
3developed for school boards by the State Board of Education, in
4consultation with programs such as Project CHOICES (Children
5Have Opportunities In Integrated Community Environments),
6parents and advocates of children with disabilities, and the
7Departments of Central Management Services and Human Services,
8and shall be maintained and operated in such manner as to
9coordinate with supported employee programs administered under
10the Supported Employees Act.
11(Source: P.A. 89-397, eff. 8-20-95; 89-507, eff. 7-1-97.)
 
12    (105 ILCS 55/Act rep.)
13    Section 60. The School Employee Benefit Act is repealed.
 
14    Section 65. The Illinois Banking Act is amended by changing
15Section 5 as follows:
 
16    (205 ILCS 5/5)  (from Ch. 17, par. 311)
17    Sec. 5. General corporate powers. A bank organized under
18this Act or subject hereto shall be a body corporate and
19politic and shall, without specific mention thereof in the
20charter, have all the powers conferred by this Act and the
21following additional general corporate powers:
22    (1) To sue and be sued, complain, and defend in its
23corporate name.

 

 

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1    (2) To have a corporate seal, which may be altered at
2pleasure, and to use the same by causing it or a facsimile
3thereof to be impressed or affixed or in any manner reproduced,
4provided that the affixing of a corporate seal to an instrument
5shall not give the instrument additional force or effect, or
6change the construction thereof, and the use of a corporate
7seal is not mandatory.
8    (3) To make, alter, amend, and repeal bylaws, not
9inconsistent with its charter or with law, for the
10administration of the affairs of the bank. If this Act does not
11provide specific guidance in matters of corporate governance,
12the provisions of the Business Corporation Act of 1983 may be
13used if so provided in the bylaws, and if the bank is a limited
14liability company, the provisions of the Limited Liability
15Company Act shall be used.
16    (4) To elect or appoint and remove officers and agents of
17the bank and define their duties and fix their compensation.
18    (5) To adopt and operate reasonable bonus plans,
19profit-sharing plans, stock-bonus plans, stock-option plans,
20pension plans and similar incentive plans for its directors,
21officers and employees.
22    (5.1) To manage, operate and administer a fund for the
23investment of funds by a public agency or agencies, including
24any unit of local government or school district, or any person.
25The fund for a public agency shall invest in the same type of
26investments and be subject to the same limitations provided for

 

 

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1the investment of public funds. The fund for public agencies
2shall maintain a separate ledger showing the amount of
3investment for each public agency in the fund. "Public funds"
4and "public agency" as used in this Section shall have the
5meanings ascribed to them in Section 1 of the Public Funds
6Investment Act.
7    (6) To make reasonable donations for the public welfare or
8for charitable, scientific, religious or educational purposes.
9    (7) To borrow or incur an obligation; and to pledge its
10assets:
11        (a) to secure its borrowings, its lease of personal or
12    real property or its other nondeposit obligations;
13        (b) to enable it to act as agent for the sale of
14    obligations of the United States;
15        (c) to secure deposits of public money of the United
16    States, whenever required by the laws of the United States,
17    including without being limited to, revenues and funds the
18    deposit of which is subject to the control or regulation of
19    the United States or any of its officers, agents, or
20    employees and Postal Savings funds;
21        (d) to secure deposits of public money of any state or
22    of any political corporation or subdivision thereof
23    including, without being limited to, revenues and funds the
24    deposit of which is subject to the control or regulation of
25    any state or of any political corporation or subdivisions
26    thereof or of any of their officers, agents, or employees;

 

 

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1        (e) to secure deposits of money whenever required by
2    the National Bankruptcy Act;
3        (f) (blank); and
4        (g) to secure trust funds commingled with the bank's
5    funds, whether deposited by the bank or an affiliate of the
6    bank, pursuant to Section 2-8 of the Corporate Fiduciary
7    Act.
8    (8) To own, possess, and carry as assets all or part of the
9real estate necessary in or with which to do its banking
10business, either directly or indirectly through the ownership
11of all or part of the capital stock, shares or interests in any
12corporation, association, trust engaged in holding any part or
13parts or all of the bank premises, engaged in such business and
14in conducting a safe deposit business in the premises or part
15of them, or engaged in any activity that the bank is permitted
16to conduct in a subsidiary pursuant to paragraph (12) of this
17Section 5.
18    (9) To own, possess, and carry as assets other real estate
19to which it may obtain title in the collection of its debts or
20that was formerly used as a part of the bank premises, but
21title to any real estate except as herein permitted shall not
22be retained by the bank, either directly or by or through a
23subsidiary, as permitted by subsection (12) of this Section for
24a total period of more than 10 years after acquiring title,
25either directly or indirectly.
26    (10) To do any act, including the acquisition of stock,

 

 

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1necessary to obtain insurance of its deposits, or part thereof,
2and any act necessary to obtain a guaranty, in whole or in
3part, of any of its loans or investments by the United States
4or any agency thereof, and any act necessary to sell or
5otherwise dispose of any of its loans or investments to the
6United States or any agency thereof, and to acquire and hold
7membership in the Federal Reserve System.
8    (11) Notwithstanding any other provisions of this Act or
9any other law, to do any act and to own, possess, and carry as
10assets property of the character, including stock, that is at
11the time authorized or permitted to national banks by an Act of
12Congress, but subject always to the same limitations and
13restrictions as are applicable to national banks by the
14pertinent federal law and subject to applicable provisions of
15the Financial Institutions Insurance Sales Law.
16    (12) To own, possess, and carry as assets stock of one or
17more corporations that is, or are, engaged in one or more of
18the following businesses:
19        (a) holding title to and administering assets acquired
20    as a result of the collection or liquidating of loans,
21    investments, or discounts; or
22        (b) holding title to and administering personal
23    property acquired by the bank, directly or indirectly
24    through a subsidiary, for the purpose of leasing to others,
25    provided the lease or leases and the investment of the
26    bank, directly or through a subsidiary, in that personal

 

 

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1    property otherwise comply with Section 35.1 of this Act; or
2        (c) carrying on or administering any of the activities
3    excepting the receipt of deposits or the payment of checks
4    or other orders for the payment of money in which a bank
5    may engage in carrying on its general banking business;
6    provided, however, that nothing contained in this
7    paragraph (c) shall be deemed to permit a bank organized
8    under this Act or subject hereto to do, either directly or
9    indirectly through any subsidiary, any act, including the
10    making of any loan or investment, or to own, possess, or
11    carry as assets any property that if done by or owned,
12    possessed, or carried by the State bank would be in
13    violation of or prohibited by any provision of this Act.
14    The provisions of this subsection (12) shall not apply to
15and shall not be deemed to limit the powers of a State bank
16with respect to the ownership, possession, and carrying of
17stock that a State bank is permitted to own, possess, or carry
18under this Act.
19    Any bank intending to establish a subsidiary under this
20subsection (12) shall give written notice to the Commissioner
2160 days prior to the subsidiary's commencing of business or, as
22the case may be, prior to acquiring stock in a corporation that
23has already commenced business. After receiving the notice, the
24Commissioner may waive or reduce the balance of the 60 day
25notice period. The Commissioner may specify the form of the
26notice, may designate the types of subsidiaries not subject to

 

 

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1this notice requirement, and may promulgate rules and
2regulations to administer this subsection (12).
3    (13) To accept for payment at a future date not exceeding
4one year from the date of acceptance, drafts drawn upon it by
5its customers; and to issue, advise, or confirm letters of
6credit authorizing the holders thereof to draw drafts upon it
7or its correspondents.
8    (14) To own and lease personal property acquired by the
9bank at the request of a prospective lessee and upon the
10agreement of that person to lease the personal property
11provided that the lease, the agreement with respect thereto,
12and the amount of the investment of the bank in the property
13comply with Section 35.1 of this Act.
14    (15) (a) To establish and maintain, in addition to the main
15    banking premises, branches offering any banking services
16    permitted at the main banking premises of a State bank.
17        (b) To establish and maintain, after May 31, 1997,
18    branches in another state that may conduct any activity in
19    that state that is authorized or permitted for any bank
20    that has a banking charter issued by that state, subject to
21    the same limitations and restrictions that are applicable
22    to banks chartered by that state.
23    (16) (Blank).
24    (17) To establish and maintain terminals, as authorized by
25the Electronic Fund Transfer Act.
26    (18) To establish and maintain temporary service booths at

 

 

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1any International Fair held in this State which is approved by
2the United States Department of Commerce, for the duration of
3the international fair for the sole purpose of providing a
4convenient place for foreign trade customers at the fair to
5exchange their home countries' currency into United States
6currency or the converse. This power shall not be construed as
7establishing a new place or change of location for the bank
8providing the service booth.
9    (19) To indemnify its officers, directors, employees, and
10agents, as authorized for corporations under Section 8.75 of
11the Business Corporation Act of 1983.
12    (20) To own, possess, and carry as assets stock of, or be
13or become a member of, any corporation, mutual company,
14association, trust, or other entity formed exclusively for the
15purpose of providing directors' and officers' liability and
16bankers' blanket bond insurance or reinsurance to and for the
17benefit of the stockholders, members, or beneficiaries, or
18their assets or businesses, or their officers, directors,
19employees, or agents, and not to or for the benefit of any
20other person or entity or the public generally.
21    (21) To make debt or equity investments in corporations or
22projects, whether for profit or not for profit, designed to
23promote the development of the community and its welfare,
24provided that the aggregate investment in all of these
25corporations and in all of these projects does not exceed 10%
26of the unimpaired capital and unimpaired surplus of the bank

 

 

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1and provided that this limitation shall not apply to
2creditworthy loans by the bank to those corporations or
3projects. Upon written application to the Commissioner, a bank
4may make an investment that would, when aggregated with all
5other such investments, exceed 10% of the unimpaired capital
6and unimpaired surplus of the bank. The Commissioner may
7approve the investment if he is of the opinion and finds that
8the proposed investment will not have a material adverse effect
9on the safety and soundness of the bank.
10    (22) To own, possess, and carry as assets the stock of a
11corporation engaged in the ownership or operation of a travel
12agency or to operate a travel agency as a part of its business.
13    (23) With respect to affiliate facilities:
14        (a) to conduct at affiliate facilities for and on
15    behalf of another commonly owned bank, if so authorized by
16    the other bank, all transactions that the other bank is
17    authorized or permitted to perform; and
18        (b) to authorize a commonly owned bank to conduct for
19    and on behalf of it any of the transactions it is
20    authorized or permitted to perform at one or more affiliate
21    facilities.
22    Any bank intending to conduct or to authorize a commonly
23owned bank to conduct at an affiliate facility any of the
24transactions specified in this paragraph (23) shall give
25written notice to the Commissioner at least 30 days before any
26such transaction is conducted at the affiliate facility.

 

 

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1    (24) To act as the agent for any fire, life, or other
2insurance company authorized by the State of Illinois, by
3soliciting and selling insurance and collecting premiums on
4policies issued by such company; and to receive for services so
5rendered such fees or commissions as may be agreed upon between
6the bank and the insurance company for which it may act as
7agent; provided, however, that no such bank shall in any case
8assume or guarantee the payment of any premium on insurance
9policies issued through its agency by its principal; and
10provided further, that the bank shall not guarantee the truth
11of any statement made by an assured in filing his application
12for insurance.
13    (25) Notwithstanding any other provisions of this Act or
14any other law, to offer any product or service that is at the
15time authorized or permitted to any insured savings association
16or out-of-state bank by applicable law, provided that powers
17conferred only by this subsection (25):
18        (a) shall always be subject to the same limitations and
19    restrictions that are applicable to the insured savings
20    association or out-of-state bank for the product or service
21    by such applicable law;
22        (b) shall be subject to applicable provisions of the
23    Financial Institutions Insurance Sales Law;
24        (c) shall not include the right to own or conduct a
25    real estate brokerage business for which a license would be
26    required under the laws of this State; and

 

 

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1        (d) shall not be construed to include the establishment
2    or maintenance of a branch, nor shall they be construed to
3    limit the establishment or maintenance of a branch pursuant
4    to subsection (11).
5    Not less than 30 days before engaging in any activity under
6the authority of this subsection, a bank shall provide written
7notice to the Commissioner of its intent to engage in the
8activity. The notice shall indicate the specific federal or
9state law, rule, regulation, or interpretation the bank intends
10to use as authority to engage in the activity.
11(Source: P.A. 92-483, eff. 8-23-01; 92-811, eff. 8-21-02;
1293-561; eff.1-1-04.)
 
13    Section 70. The Savings Bank Act is amended by changing
14Section 8006 as follows:
 
15    (205 ILCS 205/8006)  (from Ch. 17, par. 7308-6)
16    Sec. 8006. Merger; Secretary's certificate. The executed
17merger agreement together with copies of the resolutions of the
18members or stockholders of each merging depository institution
19approving it, certified by the president or vice president, and
20attested to by the secretary of the savings bank, shall be
21filed with the Secretary. The Secretary shall then issue to the
22continuing savings bank a certificate of merger, setting forth
23the name of each merging depository institution, the name of
24the continuing savings bank, and the articles of incorporation

 

 

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1of the continuing savings bank. The merger takes effect upon
2the issuance of the certificate of merger recording of the
3certificate in the same manner as the articles of incorporation
4in each county in which the business office of any of the
5merging depository institutions was located and in the county
6in which the business office of the continuing savings bank is
7located. When duly recorded, the certificate shall be
8conclusive evidence of the merger and of the correctness of the
9proceedings therefor except against the State.
10(Source: P.A. 97-492, eff. 1-1-12.)
 
11    Section 75. The Sales Finance Agency Act is amended by
12changing Section 13 as follows:
 
13    (205 ILCS 660/13)  (from Ch. 17, par. 5231)
14    Sec. 13. Rules. The Department may make and enforce such
15reasonable rules, regulations, directions, orders, decisions
16and findings as the execution and enforcement of this Act
17require, and as are not inconsistent therewith. In addition,
18the Department may promulgate rules in connection with the
19activities of licensees that are necessary and appropriate for
20the protection of consumers in this State. All rules and
21regulations shall be sent electronically to printed and copies
22thereof mailed to all licensees.
23(Source: P.A. 90-437, eff. 1-1-98; 91-698, eff. 5-6-00.)
 

 

 

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1    Section 80. The Consumer Installment Loan Act is amended by
2changing Section 22 as follows:
 
3    (205 ILCS 670/22)  (from Ch. 17, par. 5428)
4    Sec. 22. Rules and regulations. The Department may make and
5enforce such reasonable rules, regulations, directions,
6orders, decisions, and findings as the execution and
7enforcement of the provisions of this Act require, and as are
8not inconsistent therewith. In addition, the Department may
9promulgate rules in connection with the activities of licensees
10that are necessary and appropriate for the protection of
11consumers in this State. All rules, regulations and directions
12of a general character shall be sent electronically to printed
13and copies thereof mailed to all licensees.
14(Source: P.A. 90-437, eff. 1-1-98; 91-698, eff. 5-6-00.)
 
15    Section 85. The Illinois Chemical Safety Act is amended by
16changing Section 3 as follows:
 
17    (430 ILCS 45/3)  (from Ch. 111 1/2, par. 953)
18    Sec. 3. Definitions. For the purposes of this Act:
19    "Agency" means the Illinois Environmental Protection
20Agency.
21    "Business" means any individual, partnership, corporation,
22or association in the State engaged in a business operation
23that has 5 or more full-time employees, or 20 or more part-time

 

 

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1employees, and that is properly assigned or included within one
2of the following Standard Industrial Classifications (SIC), as
3designated in the Standard Industrial Classification Manual
4prepared by the Federal Office of Management and Budget:
5    2295 Coated fabrics, not rubberized;
6    2491 Wood preserving;
7    2671 Packaging paper and plastics film, coated and
8laminated;
9    2672 Coated and laminated paper, not elsewhere classified;
10    2812 Alkalies and chlorine;
11    2813 Industrial gases;
12    2819 Industrial inorganic chemicals, not elsewhere
13classified;
14    2821 Plastic materials, synthetic resins, and
15non-vulcanizable elastomers;
16    2834 Pharmaceutical preparations;
17    2842 Specialty cleaning, polishing and sanitation
18preparations;
19    2851 Paints, varnishes, lacquers, enamels, and allied
20products;
21    2865 Cyclic (coal tar) crudes, and cyclic intermediaries,
22dyes and organic pigments (lakes and toners);
23    2869 Industrial organic chemicals, not elsewhere
24classified;
25    2873 Nitrogenous fertilizer;
26    2874 Phosphatic fertilizers;

 

 

SB1621 Enrolled- 32 -LRB098 09951 HLH 40109 b

1    2879 Pesticides and agricultural chemicals, not elsewhere
2classified;
3    2891 Adhesives and sealants;
4    2892 Explosives;
5    2911 Petroleum refining;
6    2952 Asphalt felts and coatings;
7    2999 Products of petroleum and coal, not elsewhere
8classified;
9    3081 Unsupported plastics, film and sheet;
10    3082 Unsupported plastics profile shapes;
11    3083 Laminated plastics plate, sheet and profile shapes;
12    3084 Plastic pipe;
13    3085 Plastic bottles;
14    3086 Plastic foam products;
15    3087 Custom compounding of purchased plastic resin;
16    3088 Plastic plumbing fixtures;
17    3089 Plastic products, not elsewhere classified;
18    3111 Leather tanning and finishing;
19    3339 Primary smelting and refining of nonferrous metals,
20except copper and aluminum;
21    3432 Plumbing fixture fittings and trim;
22    3471 Electroplating, plating, polishing, anodizing and
23coloring;
24    4953 Refuse systems;
25    5085 Industrial supplies;
26    5162 Plastic materials and basic forms and shapes;

 

 

SB1621 Enrolled- 33 -LRB098 09951 HLH 40109 b

1    5169 Chemicals and allied products, not elsewhere
2classified;
3    5171 Petroleum bulk stations and terminals;
4    5172 Petroleum and petroleum products, wholesalers, except
5bulk stations and terminals.
6    For the purposes of this Act, the SIC Code that a business
7uses for determining its coverage under The Unemployment
8Insurance Act shall be the SIC Code for determining the
9applicability of this Act. On an annual basis, the Department
10of Employment Security shall provide the IEMA with a list of
11those regulated facilities covered by the above mentioned SIC
12codes.
13    "Business" also means any facility not covered by the above
14SIC codes that is subject to the provisions of Section 302 of
15the federal Emergency Planning and Community Right-to-Know Act
16of 1986 and that is found by the Agency to use, store, or
17manufacture a chemical substance in a quantity that poses a
18threat to the environment or public health. Such a
19determination shall be based on an on-site inspection conducted
20by the Agency and certified to the IEMA. The Agency shall also
21conduct inspections at the request of IEMA or upon a written
22request setting forth a justification to the IEMA from the
23chairman of the local emergency planning committee upon
24recommendation of the committee. The IEMA shall transmit a copy
25of the request to the Agency. The Agency may, in the event of a
26reportable release that occurs at any facility operated or

 

 

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1owned by a business not covered by the above SIC codes, conduct
2inspections if the site hazard appears to warrant such action.
3The above notwithstanding, any farm operation shall not be
4considered as a facility subject to this definition.
5    Notwithstanding the above, for purposes of this Act,
6"business" does not mean any facility for which the
7requirements promulgated at Part 1910.119 of Title 29 of the
8Code of Federal Regulations are applicable or which has
9completed and submitted the plan required by Part 68 of Title
1040 of the Code of Federal Regulations, provided that such
11business conducts and documents in writing an assessment for
12any instance where the Agency provides notice that a
13significant release of a chemical substance has occurred at a
14facility. Such assessment shall explain the nature, cause and
15known effects of the release, any mitigating actions taken, and
16preventive measures that can be employed to avoid a future
17release. Such assessment shall be available at the facility for
18review within 30 days after the Agency notifies the facility
19that a significant release has occurred. The Agency may provide
20written comments to the business following an on-site review of
21an assessment.
22    "Chemical name" means the scientific designation of a
23chemical in accordance with the nomenclature system developed
24by the International Union of Pure and Applied Chemistry
25(IUPAC) or the American Chemical Society's Chemical Abstracts
26Service (CAS) rules of nomenclature, or a name that will

 

 

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1clearly identify the chemical for hazard evaluation purposes.
2    "Chemical substance" means any "extremely hazardous
3substance" listed in Appendix A of 40 C.F.R. Part 355 that is
4present at a facility in an amount in excess of its threshold
5planning quantity, any "hazardous substance" listed in 40
6C.F.R. Section 302.4 that is present at a facility in an amount
7in excess of its reportable quantity or in excess of its
8threshold planning quantity if it is also an "extremely
9hazardous substance", and any petroleum including crude oil or
10any fraction thereof that is present at a facility in an amount
11exceeding 100 pounds unless it is specifically listed as a
12"hazardous substance" or an "extremely hazardous substance".
13"Chemical substance" does not mean any substance to the extent
14it is used for personal, family, or household purposes or to
15the extent it is present in the same form and concentration as
16a product packaged for distribution to and use by the general
17public.
18    "IEMA" means the Illinois Emergency Management Agency.
19    "Facility" means the buildings and all real property
20contiguous thereto, and the equipment at a single location used
21for the conduct of business.
22    "Local emergency planning committee" means the committee
23that is appointed for an emergency planning district under the
24provisions of Section 301 of the federal Emergency Planning and
25Community Right-to-Know Act of 1986.
26    "Release" means any sudden spilling, leaking, pumping,

 

 

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1pouring, emitting, escaping, emptying, discharging, injecting,
2leaching, dumping, or disposing into the environment beyond the
3boundaries of a facility, but excludes the following:
4        (a) Any release that results in exposure to persons
5    solely within a workplace, with respect to a claim that
6    such persons may assert against their employer.
7        (b) Emissions from the engine exhaust of a motor
8    vehicle, rolling stock, aircraft, vessel, or pipeline
9    pumping station engine.
10        (c) Release of source, byproduct, or special nuclear
11    material from a nuclear incident, as those terms are
12    defined in the Atomic Energy Act of 1954, if the release is
13    subject to requirements with respect to financial
14    protection established by the Nuclear Regulatory
15    Commission under Section 170 of the Atomic Energy Act of
16    1954.
17        (d) The normal application of fertilizer.
18    "Significant release" means any release which is so
19designated in writing by the Agency or the IEMA based upon an
20inspection at the site of an emergency incident, or any release
21which results in any evacuation, hospitalization, or
22fatalities of the public.
23(Source: P.A. 97-333, eff. 8-12-11.)
 
24    (625 ILCS 5/15-115 rep.)
25    Section 90. The Illinois Vehicle Code is amended by

 

 

SB1621 Enrolled- 37 -LRB098 09951 HLH 40109 b

1repealing Section 15-115.
 
2    Section 95. The Payday Loan Reform Act is amended by
3changing Section 4-30 as follows:
 
4    (815 ILCS 122/4-30)
5    Sec. 4-30. Rulemaking; industry review.
6    (a) The Department may make and enforce such reasonable
7rules, regulations, directions, orders, decisions, and
8findings as the execution and enforcement of the provisions of
9this Act require, and as are not inconsistent therewith. All
10rules, regulations, and directions of a general character shall
11be sent electronically to printed and copies thereof mailed to
12all licensees.
13    (b) Within 6 months after the effective date of this Act,
14the Department shall promulgate reasonable rules regarding the
15issuance of payday loans by banks, savings banks, savings and
16loan associations, credit unions, and insurance companies.
17These rules shall be consistent with this Act and shall be
18limited in scope to the actual products and services offered by
19lenders governed by this Act.
20    (c) After the effective date of this Act, the Department
21shall, over a 3-year period, conduct a study of the payday loan
22industry to determine the impact and effectiveness of this Act.
23The Department shall report its findings to the General
24Assembly within 3 months of the third anniversary of the

 

 

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1effective date of this Act. The study shall determine the
2effect of this Act on the protection of consumers in this State
3and on the fair and reasonable regulation of the payday loan
4industry. The study shall include, but shall not be limited to,
5an analysis of the ability of the industry to use private
6reporting tools that:
7        (1) ensure substantial compliance with this Act,
8    including real time reporting of outstanding payday loans;
9    and
10        (2) provide data to the Department in an appropriate
11    form and with appropriate content to allow the Department
12    to adequately monitor the industry.
13    The report of the Department shall, if necessary, identify
14and recommend specific amendments to this Act to further
15protect consumers and to guarantee fair and reasonable
16regulation of the payday loan industry.
17(Source: P.A. 94-13, eff. 12-6-05.)
 
18    Section 999. Effective date. This Act takes effect upon
19becoming law.