Public Act 098-0044
 
SB1621 EnrolledLRB098 09951 HLH 40109 b

    AN ACT concerning State government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    (5 ILCS 390/Act rep.)
    Section 5. The Supported Employees Act is repealed.
 
    (20 ILCS 605/605-75 rep.)
    Section 10. The Department of Commerce and Economic
Opportunity Law of the Civil Administrative Code of Illinois is
amended by repealing Section 605-75.
 
    Section 15. The Energy Conservation and Coal Development
Act is amended by changing Section 3 as follows:
 
    (20 ILCS 1105/3)  (from Ch. 96 1/2, par. 7403)
    Sec. 3. Powers and Duties.
    (a) In addition to its other powers, the Department has the
following powers:
        (1) To administer for the State any energy programs and
    activities under federal law, regulations or guidelines,
    and to coordinate such programs and activities with other
    State agencies, units of local government, and educational
    institutions.
        (2) To represent the State in energy matters involving
    the federal government, other states, units of local
    government, and regional agencies.
        (3) To prepare energy contingency plans for
    consideration by the Governor and the General Assembly.
    Such plans shall include procedures for determining when a
    foreseeable danger exists of energy shortages, including
    shortages of petroleum, coal, nuclear power, natural gas,
    and other forms of energy, and shall specify the actions to
    be taken to minimize hardship and maintain the general
    welfare during such energy shortages.
        (4) To cooperate with State colleges and universities
    and their governing boards in energy programs and
    activities.
        (5) (Blank).
        (6) To accept, receive, expend, and administer,
    including by contracts and grants to other State agencies,
    any energy-related gifts, grants, cooperative agreement
    funds, and other funds made available to the Department by
    the federal government and other public and private
    sources.
        (7) To investigate practical problems, seek and
    utilize financial assistance, implement studies and
    conduct research relating to the production, distribution
    and use of alcohol fuels.
        (8) To serve as a clearinghouse for information on
    alcohol production technology; provide assistance,
    information and data relating to the production and use of
    alcohol; develop informational packets and brochures, and
    hold public seminars to encourage the development and
    utilization of the best available technology.
        (9) To coordinate with other State agencies in order to
    promote the maximum flow of information and to avoid
    unnecessary overlapping of alcohol fuel programs. In order
    to effectuate this goal, the Director of the Department or
    his representative shall consult with the Directors, or
    their representatives, of the Departments of Agriculture,
    Central Management Services, Transportation, and Revenue,
    the Office of the State Fire Marshal, and the Environmental
    Protection Agency.
        (10) To operate, within the Department, an Office of
    Coal Development and Marketing for the promotion and
    marketing of Illinois coal both domestically and
    internationally. The Department may use monies
    appropriated for this purpose for necessary administrative
    expenses.
        The Office of Coal Development and Marketing shall
    develop and implement an initiative to assist the coal
    industry in Illinois to increase its share of the
    international coal market.
        (11) To assist the Department of Central Management
    Services in establishing and maintaining a system to
    analyze and report energy consumption of facilities leased
    by the Department of Central Management Services.
        (12) To consult with the Departments of Natural
    Resources and Transportation and the Illinois
    Environmental Protection Agency for the purpose of
    developing methods and standards that encourage the
    utilization of coal combustion by-products as value added
    products in productive and benign applications.
        (13) To provide technical assistance and information
    to sellers and distributors of storage hot water heaters
    doing business in Illinois, pursuant to Section 1 of the
    Hot Water Heater Efficiency Act.
    (b) (Blank).
    (c) (Blank).
    (d) The Department shall develop a package of educational
materials regarding the necessity of waste reduction and
recycling to reduce dependence on landfills and to maintain
environmental quality. The materials developed shall be
suitable for instructional use in grades 3, 4 and 5. The
Department shall distribute such instructional material to all
public elementary and unit school districts no later than
November 1, of each year.
    (e) (Blank). The Department shall study the feasibility of
requiring that wood and sawdust from construction waste,
demolition projects, sawmills, or other projects or industries
where wood is used in a large amount be shredded and composted,
and that such wood be prohibited from being disposed of in a
landfill. The Department shall report the results of this study
to the General Assembly by January 1, 1991.
    (f) (Blank).
    (g) (Blank). The Department shall develop a program
designated to encourage the recycling of outdated telephone
directories and to encourage the printing of new directories on
recycled paper. The Department shall work in conjunction with
printers and distributors of telephone directories distributed
in the State to provide them with any technical assistance
available in their efforts to procure appropriate recycled
paper. The Department shall also encourage directory
distributors to pick up outdated directories as they distribute
new ones, and shall assist any distributor who is willing to do
so in finding a recycler willing to purchase the old
directories and in publicizing and promoting with citizens of
the area the distributor's collection efforts and schedules.
    (h) (Blank). The Department shall assist, cooperate with
and provide necessary staff and resources for the Interagency
Energy Conservation Committee, which shall be chaired by the
Director of the Department.
    (i) (Blank).
(Source: P.A. 92-736, eff. 7-25-02.)
 
    Section 20. The Illinois Emergency Management Agency Act is
amended by changing Section 18 as follows:
 
    (20 ILCS 3305/18)  (from Ch. 127, par. 1068)
    Sec. 18. Orders, Rules and Regulations.
    (a) The Governor shall file a copy of every rule,
regulation or order, and any amendment thereof made by the
Governor under the provisions of this Act in the office of the
Secretary of State. No rule, regulation or order, or any
amendment thereof shall be effective until 10 days after the
filing, provided, however, that upon the declaration of a
disaster by the Governor as is described in Section 7 the
provision relating to the effective date of any rule,
regulation, order or amendment issued under this Act and during
the state of disaster is abrogated, and the rule, regulation,
order or amendment shall become effective immediately upon
being filed with the Secretary of State accompanied by a
certificate stating the reason as required by the Illinois
Administrative Procedure Act.
    (b) Every emergency services and disaster agency
established pursuant to this Act and the coordinators thereof
shall execute and enforce the orders, rules and regulations as
may be made by the Governor under authority of this Act. Each
emergency services and disaster agency shall have available for
inspection at its office all orders, rules and regulations made
by the Governor, or under the Governor's authority. The
Illinois Emergency Management Agency shall furnish on the
Department's website the orders, rules and regulations to each
such emergency services and disaster agency. Upon the written
request of an emergency services or disaster agency, copies
thereof shall be mailed to the emergency services or disaster
agency.
(Source: P.A. 92-73, eff. 1-1-02.)
 
    (20 ILCS 4020/Act rep.)
    Section 25. The Prairie State 2000 Authority Act is
repealed.
 
    Section 30. The State Finance Act is amended by changing
Sections 5h and 6z-17 as follows:
 
    (30 ILCS 105/5h)
    Sec. 5h. Cash flow borrowing and general funds liquidity.
    (a) In order to meet cash flow deficits and to maintain
liquidity in the General Revenue Fund, the Healthcare Provider
Relief Fund, and the Common School Fund, on and after July 1,
2010 and through June 30, 2011, the State Treasurer and the
State Comptroller shall make transfers to the General Revenue
Fund, the Healthcare Provider Relief Fund, or the Common School
Fund, as directed by the Governor, out of special funds of the
State, to the extent allowed by federal law. No transfer may be
made from a fund under this Section that would have the effect
of reducing the available balance in the fund to an amount less
than the amount remaining unexpended and unreserved from the
total appropriation from that fund estimated to be expended for
that fiscal year. No such transfer may reduce the cumulative
balance of all of the special funds of the State to an amount
less than the total debt service payable during the 12 months
immediately following the date of the transfer on any bonded
indebtedness of the State and any certificates issued under the
Short Term Borrowing Act. Notwithstanding any other provision
of this Section, no such transfer may be made from any special
fund that is exclusively collected by or appropriated to any
other constitutional officer without the written approval of
that constitutional officer.
    (b) If moneys have been transferred to the General Revenue
Fund, the Healthcare Provider Relief Fund, or the Common School
Fund pursuant to subsection (a) of this Section, this
amendatory Act of the 96th General Assembly shall constitute
the irrevocable and continuing authority for and direction to
the State Treasurer and State Comptroller to reimburse the
funds of origin from the General Revenue Fund, the Healthcare
Provider Relief Fund, or the Common School Fund, as
appropriate, by transferring to the funds of origin, at such
times and in such amounts as directed by the Governor when
necessary to support appropriated expenditures from the funds,
an amount equal to that transferred from them plus any interest
that would have accrued thereon had the transfer not occurred,
except that any moneys transferred pursuant to subsection (a)
of this Section shall be repaid to the fund of origin within 18
months after the date on which they were borrowed.
    (c) On the first day of each quarterly period in each
fiscal year, until such time as a report indicates that all
moneys borrowed and interest pursuant to this Section have been
repaid, the Governor's Office of Management and Budget shall
provide to the President and the Minority Leader of the Senate,
the Speaker and the Minority Leader of the House of
Representatives, and the Commission on Government Forecasting
and Accountability a report on all transfers made pursuant to
this Section in the prior quarterly period. The report must be
provided in both written and electronic format. The report must
include all of the following:
        (1) The date each transfer was made.
        (2) The amount of each transfer.
        (3) In the case of a transfer from the General Revenue
    Fund, the Healthcare Provider Relief Fund, or the Common
    School Fund to a fund of origin pursuant to subsection (b)
    of this Section, the amount of interest being paid to the
    fund of origin.
        (4) The end of day balance of both the fund of origin
    and the General Revenue Fund, the Healthcare Provider
    Relief Fund, or the Common School Fund, whichever the case
    may be, on the date the transfer was made.
(Source: P.A. 96-958, eff. 7-1-10; 96-1500, eff. 1-18-11;
97-72, eff. 7-1-11 (see also P.A. 97-613 regarding effective
date of P.A. 97-72).)
 
    (30 ILCS 105/6z-17)  (from Ch. 127, par. 142z-17)
    Sec. 6z-17. Of the money paid into the State and Local
Sales Tax Reform Fund: (i) subject to appropriation to the
Department of Revenue, Municipalities having 1,000,000 or more
inhabitants shall receive 20% and may expend such amount to
fund and establish a program for developing and coordinating
public and private resources targeted to meet the affordable
housing needs of low-income and very low-income households
within such municipality, (ii) 10% shall be transferred into
the Regional Transportation Authority Occupation and Use Tax
Replacement Fund, a special fund in the State treasury which is
hereby created, (iii) until July 1, 2013, subject to
appropriation to the Department of Transportation, the The
Madison County Mass Transit District shall receive .6%, and
beginning on July 1, 2013, subject to appropriation to the
Department of Revenue, 0.6% shall be distributed each month out
of the Fund to the Madison County Mass Transit District, (iv)
the following amounts, plus any cumulative deficiency in such
transfers for prior months, shall be transferred monthly into
the Build Illinois Fund and credited to the Build Illinois Bond
Account therein:
Fiscal YearAmount
1990$2,700,000
19911,850,000
19922,750,000
19932,950,000
    From Fiscal Year 1994 through Fiscal Year 2025 the transfer
shall total $3,150,000 monthly, plus any cumulative deficiency
in such transfers for prior months, and (v) the remainder of
the money paid into the State and Local Sales Tax Reform Fund
shall be transferred into the Local Government Distributive
Fund and, except for municipalities with 1,000,000 or more
inhabitants which shall receive no portion of such remainder,
shall be distributed, subject to appropriation, in the manner
provided by Section 2 of "An Act in relation to State revenue
sharing with local government entities", approved July 31,
1969, as now or hereafter amended. Municipalities with more
than 50,000 inhabitants according to the 1980 U.S. Census and
located within the Metro East Mass Transit District receiving
funds pursuant to provision (v) of this paragraph may expend
such amounts to fund and establish a program for developing and
coordinating public and private resources targeted to meet the
affordable housing needs of low-income and very low-income
households within such municipality.
(Source: P.A. 95-708, eff. 1-18-08.)
 
    Section 35. The Federal Stimulus Tracking Act is amended by
changing Section 5 as follows:
 
    (30 ILCS 270/5)
    (Section scheduled to be repealed on January 1, 2015)
    Sec. 5. Federal stimulus tracking.
    (a) The Governor's Office, or a designated State agency,
shall track and report by means of a quarterly monthly report
the State's spending of the federal stimulus moneys provided
pursuant to the American Recovery and Reinvestment Act of 2009.
    (b) Each quarterly monthly report shall list the amount of
the State's federal stimulus spending, by category, based on
available federal and State data. The reports may also list any
required matching funds required by the State to be eligible
for federal stimulus funding. The reports may make
recommendations (i) concerning ways for Illinois to maximize
its share of federal stimulus spending or (ii) suggesting
changes to Illinois law that could help to maximize its share
of federal stimulus spending. A final report compiling data
from the quarterly monthly reports shall be available online at
the conclusion of the American Recovery and Reinvestment Act
program or by December 31, 2014, whichever occurs first.
    (c) The reports shall be available on a State of Illinois
website and filed with the Speaker and Minority Leader of the
House and the President and Minority Leader of the Senate.
    (d) The General Assembly may by resolution request that
specific data, findings, or analyses be included in a monthly
report. The Commission on Government Forecasting and
Accountability shall provide the Governor's Office technical,
analytical, and substantive assistance in preparing the
requested data, findings, or analyses.
    (e) This Act is repealed on January 1, 2015.
(Source: P.A. 96-169, eff. 8-10-09.)
 
    Section 40. The General Obligation Bond Act is amended by
changing Section 11 as follows:
 
    (30 ILCS 330/11)  (from Ch. 127, par. 661)
    Sec. 11. Sale of Bonds. Except as otherwise provided in
this Section, Bonds shall be sold from time to time pursuant to
notice of sale and public bid or by negotiated sale in such
amounts and at such times as is directed by the Governor, upon
recommendation by the Director of the Governor's Office of
Management and Budget. At least 25%, based on total principal
amount, of all Bonds issued each fiscal year shall be sold
pursuant to notice of sale and public bid. At all times during
each fiscal year, no more than 75%, based on total principal
amount, of the Bonds issued each fiscal year, shall have been
sold by negotiated sale. Failure to satisfy the requirements in
the preceding 2 sentences shall not affect the validity of any
previously issued Bonds; provided that all Bonds authorized by
Public Act 96-43 and this amendatory Act of the 96th General
Assembly shall not be included in determining compliance for
any fiscal year with the requirements of the preceding 2
sentences; and further provided that refunding Bonds
satisfying the requirements of Section 16 of this Act and sold
during fiscal year 2009, 2010, or 2011 shall not be subject to
the requirements in the preceding 2 sentences.
    If any Bonds, including refunding Bonds, are to be sold by
negotiated sale, the Director of the Governor's Office of
Management and Budget shall comply with the competitive request
for proposal process set forth in the Illinois Procurement Code
and all other applicable requirements of that Code.
    If Bonds are to be sold pursuant to notice of sale and
public bid, the Director of the Governor's Office of Management
and Budget may shall, from time to time, as Bonds are to be
sold, advertise the sale of the Bonds in at least 2 daily
newspapers, one of which is published in the City of
Springfield and one in the City of Chicago. The sale of the
Bonds shall also be advertised in the volume of the Illinois
Procurement Bulletin that is published by the Department of
Central Management Services, and . Each of the advertisements
for proposals shall be published once at least 10 days prior to
the date fixed for the opening of the bids. The Director of the
Governor's Office of Management and Budget may reschedule the
date of sale upon the giving of such additional notice as the
Director deems adequate to inform prospective bidders of such
change; provided, however, that all other conditions of the
sale shall continue as originally advertised.
    Executed Bonds shall, upon payment therefor, be delivered
to the purchaser, and the proceeds of Bonds shall be paid into
the State Treasury as directed by Section 12 of this Act.
(Source: P.A. 96-18, eff. 6-26-09; 96-43, eff. 7-15-09;
96-1497, eff. 1-14-11.)
 
    Section 45. The Build Illinois Bond Act is amended by
changing Section 8 as follows:
 
    (30 ILCS 425/8)  (from Ch. 127, par. 2808)
    Sec. 8. Sale of Bonds. Bonds, except as otherwise provided
in this Section, shall be sold from time to time pursuant to
notice of sale and public bid or by negotiated sale in such
amounts and at such times as are directed by the Governor, upon
recommendation by the Director of the Governor's Office of
Management and Budget. At least 25%, based on total principal
amount, of all Bonds issued each fiscal year shall be sold
pursuant to notice of sale and public bid. At all times during
each fiscal year, no more than 75%, based on total principal
amount, of the Bonds issued each fiscal year shall have been
sold by negotiated sale. Failure to satisfy the requirements in
the preceding 2 sentences shall not affect the validity of any
previously issued Bonds; and further provided that refunding
Bonds satisfying the requirements of Section 15 of this Act and
sold during fiscal year 2009, 2010, or 2011 shall not be
subject to the requirements in the preceding 2 sentences.
    If any Bonds are to be sold pursuant to notice of sale and
public bid, the Director of the Governor's Office of Management
and Budget shall comply with the competitive request for
proposal process set forth in the Illinois Procurement Code and
all other applicable requirements of that Code.
    If Bonds are to be sold pursuant to notice of sale and
public bid, the Director of the Governor's Office of Management
and Budget may shall, from time to time, as Bonds are to be
sold, advertise the sale of the Bonds in at least 2 daily
newspapers, one of which is published in the City of
Springfield and one in the City of Chicago. The sale of the
Bonds shall also be advertised in the volume of the Illinois
Procurement Bulletin that is published by the Department of
Central Management Services, and . Each of the advertisements
for proposals shall be published once at least 10 days prior to
the date fixed for the opening of the bids. The Director of the
Governor's Office of Management and Budget may reschedule the
date of sale upon the giving of such additional notice as the
Director deems adequate to inform prospective bidders of the
change; provided, however, that all other conditions of the
sale shall continue as originally advertised. Executed Bonds
shall, upon payment therefor, be delivered to the purchaser,
and the proceeds of Bonds shall be paid into the State Treasury
as directed by Section 9 of this Act. The Governor or the
Director of the Governor's Office of Management and Budget is
hereby authorized and directed to execute and deliver contracts
of sale with underwriters and to execute and deliver such
certificates, indentures, agreements and documents, including
any supplements or amendments thereto, and to take such actions
and do such things as shall be necessary or desirable to carry
out the purposes of this Act. Any action authorized or
permitted to be taken by the Director of the Governor's Office
of Management and Budget pursuant to this Act is hereby
authorized to be taken by any person specifically designated by
the Governor to take such action in a certificate signed by the
Governor and filed with the Secretary of State.
(Source: P.A. 96-18, eff. 6-26-09.)
 
    (50 ILCS 330/5 rep.)
    Section 50. The Illinois Municipal Budget Law is amended by
repealing Section 5.
 
    Section 55. The School Code is amended by changing Section
14-8.04 as follows:
 
    (105 ILCS 5/14-8.04)  (from Ch. 122, par. 14-8.04)
    Sec. 14-8.04. Supported employment. The school board that
is the governing body of any secondary school in this State
that provides special education services and facilities for
children with disabilities shall include, as part of preparing
the transition planning for disabled children who are 16 years
of age or more, consideration of a supported employment
component with experiences in integrated community settings
for those eligible children with disabilities who have been
determined at an IEP meeting to be in need of participation in
the supported employment services offered pursuant to this
Section.
    Supported employment services made available as part of
transition planning under this Section shall be designed and
developed for school boards by the State Board of Education, in
consultation with programs such as Project CHOICES (Children
Have Opportunities In Integrated Community Environments),
parents and advocates of children with disabilities, and the
Departments of Central Management Services and Human Services,
and shall be maintained and operated in such manner as to
coordinate with supported employee programs administered under
the Supported Employees Act.
(Source: P.A. 89-397, eff. 8-20-95; 89-507, eff. 7-1-97.)
 
    (105 ILCS 55/Act rep.)
    Section 60. The School Employee Benefit Act is repealed.
 
    Section 65. The Illinois Banking Act is amended by changing
Section 5 as follows:
 
    (205 ILCS 5/5)  (from Ch. 17, par. 311)
    Sec. 5. General corporate powers. A bank organized under
this Act or subject hereto shall be a body corporate and
politic and shall, without specific mention thereof in the
charter, have all the powers conferred by this Act and the
following additional general corporate powers:
    (1) To sue and be sued, complain, and defend in its
corporate name.
    (2) To have a corporate seal, which may be altered at
pleasure, and to use the same by causing it or a facsimile
thereof to be impressed or affixed or in any manner reproduced,
provided that the affixing of a corporate seal to an instrument
shall not give the instrument additional force or effect, or
change the construction thereof, and the use of a corporate
seal is not mandatory.
    (3) To make, alter, amend, and repeal bylaws, not
inconsistent with its charter or with law, for the
administration of the affairs of the bank. If this Act does not
provide specific guidance in matters of corporate governance,
the provisions of the Business Corporation Act of 1983 may be
used if so provided in the bylaws, and if the bank is a limited
liability company, the provisions of the Limited Liability
Company Act shall be used.
    (4) To elect or appoint and remove officers and agents of
the bank and define their duties and fix their compensation.
    (5) To adopt and operate reasonable bonus plans,
profit-sharing plans, stock-bonus plans, stock-option plans,
pension plans and similar incentive plans for its directors,
officers and employees.
    (5.1) To manage, operate and administer a fund for the
investment of funds by a public agency or agencies, including
any unit of local government or school district, or any person.
The fund for a public agency shall invest in the same type of
investments and be subject to the same limitations provided for
the investment of public funds. The fund for public agencies
shall maintain a separate ledger showing the amount of
investment for each public agency in the fund. "Public funds"
and "public agency" as used in this Section shall have the
meanings ascribed to them in Section 1 of the Public Funds
Investment Act.
    (6) To make reasonable donations for the public welfare or
for charitable, scientific, religious or educational purposes.
    (7) To borrow or incur an obligation; and to pledge its
assets:
        (a) to secure its borrowings, its lease of personal or
    real property or its other nondeposit obligations;
        (b) to enable it to act as agent for the sale of
    obligations of the United States;
        (c) to secure deposits of public money of the United
    States, whenever required by the laws of the United States,
    including without being limited to, revenues and funds the
    deposit of which is subject to the control or regulation of
    the United States or any of its officers, agents, or
    employees and Postal Savings funds;
        (d) to secure deposits of public money of any state or
    of any political corporation or subdivision thereof
    including, without being limited to, revenues and funds the
    deposit of which is subject to the control or regulation of
    any state or of any political corporation or subdivisions
    thereof or of any of their officers, agents, or employees;
        (e) to secure deposits of money whenever required by
    the National Bankruptcy Act;
        (f) (blank); and
        (g) to secure trust funds commingled with the bank's
    funds, whether deposited by the bank or an affiliate of the
    bank, pursuant to Section 2-8 of the Corporate Fiduciary
    Act.
    (8) To own, possess, and carry as assets all or part of the
real estate necessary in or with which to do its banking
business, either directly or indirectly through the ownership
of all or part of the capital stock, shares or interests in any
corporation, association, trust engaged in holding any part or
parts or all of the bank premises, engaged in such business and
in conducting a safe deposit business in the premises or part
of them, or engaged in any activity that the bank is permitted
to conduct in a subsidiary pursuant to paragraph (12) of this
Section 5.
    (9) To own, possess, and carry as assets other real estate
to which it may obtain title in the collection of its debts or
that was formerly used as a part of the bank premises, but
title to any real estate except as herein permitted shall not
be retained by the bank, either directly or by or through a
subsidiary, as permitted by subsection (12) of this Section for
a total period of more than 10 years after acquiring title,
either directly or indirectly.
    (10) To do any act, including the acquisition of stock,
necessary to obtain insurance of its deposits, or part thereof,
and any act necessary to obtain a guaranty, in whole or in
part, of any of its loans or investments by the United States
or any agency thereof, and any act necessary to sell or
otherwise dispose of any of its loans or investments to the
United States or any agency thereof, and to acquire and hold
membership in the Federal Reserve System.
    (11) Notwithstanding any other provisions of this Act or
any other law, to do any act and to own, possess, and carry as
assets property of the character, including stock, that is at
the time authorized or permitted to national banks by an Act of
Congress, but subject always to the same limitations and
restrictions as are applicable to national banks by the
pertinent federal law and subject to applicable provisions of
the Financial Institutions Insurance Sales Law.
    (12) To own, possess, and carry as assets stock of one or
more corporations that is, or are, engaged in one or more of
the following businesses:
        (a) holding title to and administering assets acquired
    as a result of the collection or liquidating of loans,
    investments, or discounts; or
        (b) holding title to and administering personal
    property acquired by the bank, directly or indirectly
    through a subsidiary, for the purpose of leasing to others,
    provided the lease or leases and the investment of the
    bank, directly or through a subsidiary, in that personal
    property otherwise comply with Section 35.1 of this Act; or
        (c) carrying on or administering any of the activities
    excepting the receipt of deposits or the payment of checks
    or other orders for the payment of money in which a bank
    may engage in carrying on its general banking business;
    provided, however, that nothing contained in this
    paragraph (c) shall be deemed to permit a bank organized
    under this Act or subject hereto to do, either directly or
    indirectly through any subsidiary, any act, including the
    making of any loan or investment, or to own, possess, or
    carry as assets any property that if done by or owned,
    possessed, or carried by the State bank would be in
    violation of or prohibited by any provision of this Act.
    The provisions of this subsection (12) shall not apply to
and shall not be deemed to limit the powers of a State bank
with respect to the ownership, possession, and carrying of
stock that a State bank is permitted to own, possess, or carry
under this Act.
    Any bank intending to establish a subsidiary under this
subsection (12) shall give written notice to the Commissioner
60 days prior to the subsidiary's commencing of business or, as
the case may be, prior to acquiring stock in a corporation that
has already commenced business. After receiving the notice, the
Commissioner may waive or reduce the balance of the 60 day
notice period. The Commissioner may specify the form of the
notice, may designate the types of subsidiaries not subject to
this notice requirement, and may promulgate rules and
regulations to administer this subsection (12).
    (13) To accept for payment at a future date not exceeding
one year from the date of acceptance, drafts drawn upon it by
its customers; and to issue, advise, or confirm letters of
credit authorizing the holders thereof to draw drafts upon it
or its correspondents.
    (14) To own and lease personal property acquired by the
bank at the request of a prospective lessee and upon the
agreement of that person to lease the personal property
provided that the lease, the agreement with respect thereto,
and the amount of the investment of the bank in the property
comply with Section 35.1 of this Act.
    (15) (a) To establish and maintain, in addition to the main
    banking premises, branches offering any banking services
    permitted at the main banking premises of a State bank.
        (b) To establish and maintain, after May 31, 1997,
    branches in another state that may conduct any activity in
    that state that is authorized or permitted for any bank
    that has a banking charter issued by that state, subject to
    the same limitations and restrictions that are applicable
    to banks chartered by that state.
    (16) (Blank).
    (17) To establish and maintain terminals, as authorized by
the Electronic Fund Transfer Act.
    (18) To establish and maintain temporary service booths at
any International Fair held in this State which is approved by
the United States Department of Commerce, for the duration of
the international fair for the sole purpose of providing a
convenient place for foreign trade customers at the fair to
exchange their home countries' currency into United States
currency or the converse. This power shall not be construed as
establishing a new place or change of location for the bank
providing the service booth.
    (19) To indemnify its officers, directors, employees, and
agents, as authorized for corporations under Section 8.75 of
the Business Corporation Act of 1983.
    (20) To own, possess, and carry as assets stock of, or be
or become a member of, any corporation, mutual company,
association, trust, or other entity formed exclusively for the
purpose of providing directors' and officers' liability and
bankers' blanket bond insurance or reinsurance to and for the
benefit of the stockholders, members, or beneficiaries, or
their assets or businesses, or their officers, directors,
employees, or agents, and not to or for the benefit of any
other person or entity or the public generally.
    (21) To make debt or equity investments in corporations or
projects, whether for profit or not for profit, designed to
promote the development of the community and its welfare,
provided that the aggregate investment in all of these
corporations and in all of these projects does not exceed 10%
of the unimpaired capital and unimpaired surplus of the bank
and provided that this limitation shall not apply to
creditworthy loans by the bank to those corporations or
projects. Upon written application to the Commissioner, a bank
may make an investment that would, when aggregated with all
other such investments, exceed 10% of the unimpaired capital
and unimpaired surplus of the bank. The Commissioner may
approve the investment if he is of the opinion and finds that
the proposed investment will not have a material adverse effect
on the safety and soundness of the bank.
    (22) To own, possess, and carry as assets the stock of a
corporation engaged in the ownership or operation of a travel
agency or to operate a travel agency as a part of its business.
    (23) With respect to affiliate facilities:
        (a) to conduct at affiliate facilities for and on
    behalf of another commonly owned bank, if so authorized by
    the other bank, all transactions that the other bank is
    authorized or permitted to perform; and
        (b) to authorize a commonly owned bank to conduct for
    and on behalf of it any of the transactions it is
    authorized or permitted to perform at one or more affiliate
    facilities.
    Any bank intending to conduct or to authorize a commonly
owned bank to conduct at an affiliate facility any of the
transactions specified in this paragraph (23) shall give
written notice to the Commissioner at least 30 days before any
such transaction is conducted at the affiliate facility.
    (24) To act as the agent for any fire, life, or other
insurance company authorized by the State of Illinois, by
soliciting and selling insurance and collecting premiums on
policies issued by such company; and to receive for services so
rendered such fees or commissions as may be agreed upon between
the bank and the insurance company for which it may act as
agent; provided, however, that no such bank shall in any case
assume or guarantee the payment of any premium on insurance
policies issued through its agency by its principal; and
provided further, that the bank shall not guarantee the truth
of any statement made by an assured in filing his application
for insurance.
    (25) Notwithstanding any other provisions of this Act or
any other law, to offer any product or service that is at the
time authorized or permitted to any insured savings association
or out-of-state bank by applicable law, provided that powers
conferred only by this subsection (25):
        (a) shall always be subject to the same limitations and
    restrictions that are applicable to the insured savings
    association or out-of-state bank for the product or service
    by such applicable law;
        (b) shall be subject to applicable provisions of the
    Financial Institutions Insurance Sales Law;
        (c) shall not include the right to own or conduct a
    real estate brokerage business for which a license would be
    required under the laws of this State; and
        (d) shall not be construed to include the establishment
    or maintenance of a branch, nor shall they be construed to
    limit the establishment or maintenance of a branch pursuant
    to subsection (11).
    Not less than 30 days before engaging in any activity under
the authority of this subsection, a bank shall provide written
notice to the Commissioner of its intent to engage in the
activity. The notice shall indicate the specific federal or
state law, rule, regulation, or interpretation the bank intends
to use as authority to engage in the activity.
(Source: P.A. 92-483, eff. 8-23-01; 92-811, eff. 8-21-02;
93-561; eff.1-1-04.)
 
    Section 70. The Savings Bank Act is amended by changing
Section 8006 as follows:
 
    (205 ILCS 205/8006)  (from Ch. 17, par. 7308-6)
    Sec. 8006. Merger; Secretary's certificate. The executed
merger agreement together with copies of the resolutions of the
members or stockholders of each merging depository institution
approving it, certified by the president or vice president, and
attested to by the secretary of the savings bank, shall be
filed with the Secretary. The Secretary shall then issue to the
continuing savings bank a certificate of merger, setting forth
the name of each merging depository institution, the name of
the continuing savings bank, and the articles of incorporation
of the continuing savings bank. The merger takes effect upon
the issuance of the certificate of merger recording of the
certificate in the same manner as the articles of incorporation
in each county in which the business office of any of the
merging depository institutions was located and in the county
in which the business office of the continuing savings bank is
located. When duly recorded, the certificate shall be
conclusive evidence of the merger and of the correctness of the
proceedings therefor except against the State.
(Source: P.A. 97-492, eff. 1-1-12.)
 
    Section 75. The Sales Finance Agency Act is amended by
changing Section 13 as follows:
 
    (205 ILCS 660/13)  (from Ch. 17, par. 5231)
    Sec. 13. Rules. The Department may make and enforce such
reasonable rules, regulations, directions, orders, decisions
and findings as the execution and enforcement of this Act
require, and as are not inconsistent therewith. In addition,
the Department may promulgate rules in connection with the
activities of licensees that are necessary and appropriate for
the protection of consumers in this State. All rules and
regulations shall be sent electronically to printed and copies
thereof mailed to all licensees.
(Source: P.A. 90-437, eff. 1-1-98; 91-698, eff. 5-6-00.)
 
    Section 80. The Consumer Installment Loan Act is amended by
changing Section 22 as follows:
 
    (205 ILCS 670/22)  (from Ch. 17, par. 5428)
    Sec. 22. Rules and regulations. The Department may make and
enforce such reasonable rules, regulations, directions,
orders, decisions, and findings as the execution and
enforcement of the provisions of this Act require, and as are
not inconsistent therewith. In addition, the Department may
promulgate rules in connection with the activities of licensees
that are necessary and appropriate for the protection of
consumers in this State. All rules, regulations and directions
of a general character shall be sent electronically to printed
and copies thereof mailed to all licensees.
(Source: P.A. 90-437, eff. 1-1-98; 91-698, eff. 5-6-00.)
 
    Section 85. The Illinois Chemical Safety Act is amended by
changing Section 3 as follows:
 
    (430 ILCS 45/3)  (from Ch. 111 1/2, par. 953)
    Sec. 3. Definitions. For the purposes of this Act:
    "Agency" means the Illinois Environmental Protection
Agency.
    "Business" means any individual, partnership, corporation,
or association in the State engaged in a business operation
that has 5 or more full-time employees, or 20 or more part-time
employees, and that is properly assigned or included within one
of the following Standard Industrial Classifications (SIC), as
designated in the Standard Industrial Classification Manual
prepared by the Federal Office of Management and Budget:
    2295 Coated fabrics, not rubberized;
    2491 Wood preserving;
    2671 Packaging paper and plastics film, coated and
laminated;
    2672 Coated and laminated paper, not elsewhere classified;
    2812 Alkalies and chlorine;
    2813 Industrial gases;
    2819 Industrial inorganic chemicals, not elsewhere
classified;
    2821 Plastic materials, synthetic resins, and
non-vulcanizable elastomers;
    2834 Pharmaceutical preparations;
    2842 Specialty cleaning, polishing and sanitation
preparations;
    2851 Paints, varnishes, lacquers, enamels, and allied
products;
    2865 Cyclic (coal tar) crudes, and cyclic intermediaries,
dyes and organic pigments (lakes and toners);
    2869 Industrial organic chemicals, not elsewhere
classified;
    2873 Nitrogenous fertilizer;
    2874 Phosphatic fertilizers;
    2879 Pesticides and agricultural chemicals, not elsewhere
classified;
    2891 Adhesives and sealants;
    2892 Explosives;
    2911 Petroleum refining;
    2952 Asphalt felts and coatings;
    2999 Products of petroleum and coal, not elsewhere
classified;
    3081 Unsupported plastics, film and sheet;
    3082 Unsupported plastics profile shapes;
    3083 Laminated plastics plate, sheet and profile shapes;
    3084 Plastic pipe;
    3085 Plastic bottles;
    3086 Plastic foam products;
    3087 Custom compounding of purchased plastic resin;
    3088 Plastic plumbing fixtures;
    3089 Plastic products, not elsewhere classified;
    3111 Leather tanning and finishing;
    3339 Primary smelting and refining of nonferrous metals,
except copper and aluminum;
    3432 Plumbing fixture fittings and trim;
    3471 Electroplating, plating, polishing, anodizing and
coloring;
    4953 Refuse systems;
    5085 Industrial supplies;
    5162 Plastic materials and basic forms and shapes;
    5169 Chemicals and allied products, not elsewhere
classified;
    5171 Petroleum bulk stations and terminals;
    5172 Petroleum and petroleum products, wholesalers, except
bulk stations and terminals.
    For the purposes of this Act, the SIC Code that a business
uses for determining its coverage under The Unemployment
Insurance Act shall be the SIC Code for determining the
applicability of this Act. On an annual basis, the Department
of Employment Security shall provide the IEMA with a list of
those regulated facilities covered by the above mentioned SIC
codes.
    "Business" also means any facility not covered by the above
SIC codes that is subject to the provisions of Section 302 of
the federal Emergency Planning and Community Right-to-Know Act
of 1986 and that is found by the Agency to use, store, or
manufacture a chemical substance in a quantity that poses a
threat to the environment or public health. Such a
determination shall be based on an on-site inspection conducted
by the Agency and certified to the IEMA. The Agency shall also
conduct inspections at the request of IEMA or upon a written
request setting forth a justification to the IEMA from the
chairman of the local emergency planning committee upon
recommendation of the committee. The IEMA shall transmit a copy
of the request to the Agency. The Agency may, in the event of a
reportable release that occurs at any facility operated or
owned by a business not covered by the above SIC codes, conduct
inspections if the site hazard appears to warrant such action.
The above notwithstanding, any farm operation shall not be
considered as a facility subject to this definition.
    Notwithstanding the above, for purposes of this Act,
"business" does not mean any facility for which the
requirements promulgated at Part 1910.119 of Title 29 of the
Code of Federal Regulations are applicable or which has
completed and submitted the plan required by Part 68 of Title
40 of the Code of Federal Regulations, provided that such
business conducts and documents in writing an assessment for
any instance where the Agency provides notice that a
significant release of a chemical substance has occurred at a
facility. Such assessment shall explain the nature, cause and
known effects of the release, any mitigating actions taken, and
preventive measures that can be employed to avoid a future
release. Such assessment shall be available at the facility for
review within 30 days after the Agency notifies the facility
that a significant release has occurred. The Agency may provide
written comments to the business following an on-site review of
an assessment.
    "Chemical name" means the scientific designation of a
chemical in accordance with the nomenclature system developed
by the International Union of Pure and Applied Chemistry
(IUPAC) or the American Chemical Society's Chemical Abstracts
Service (CAS) rules of nomenclature, or a name that will
clearly identify the chemical for hazard evaluation purposes.
    "Chemical substance" means any "extremely hazardous
substance" listed in Appendix A of 40 C.F.R. Part 355 that is
present at a facility in an amount in excess of its threshold
planning quantity, any "hazardous substance" listed in 40
C.F.R. Section 302.4 that is present at a facility in an amount
in excess of its reportable quantity or in excess of its
threshold planning quantity if it is also an "extremely
hazardous substance", and any petroleum including crude oil or
any fraction thereof that is present at a facility in an amount
exceeding 100 pounds unless it is specifically listed as a
"hazardous substance" or an "extremely hazardous substance".
"Chemical substance" does not mean any substance to the extent
it is used for personal, family, or household purposes or to
the extent it is present in the same form and concentration as
a product packaged for distribution to and use by the general
public.
    "IEMA" means the Illinois Emergency Management Agency.
    "Facility" means the buildings and all real property
contiguous thereto, and the equipment at a single location used
for the conduct of business.
    "Local emergency planning committee" means the committee
that is appointed for an emergency planning district under the
provisions of Section 301 of the federal Emergency Planning and
Community Right-to-Know Act of 1986.
    "Release" means any sudden spilling, leaking, pumping,
pouring, emitting, escaping, emptying, discharging, injecting,
leaching, dumping, or disposing into the environment beyond the
boundaries of a facility, but excludes the following:
        (a) Any release that results in exposure to persons
    solely within a workplace, with respect to a claim that
    such persons may assert against their employer.
        (b) Emissions from the engine exhaust of a motor
    vehicle, rolling stock, aircraft, vessel, or pipeline
    pumping station engine.
        (c) Release of source, byproduct, or special nuclear
    material from a nuclear incident, as those terms are
    defined in the Atomic Energy Act of 1954, if the release is
    subject to requirements with respect to financial
    protection established by the Nuclear Regulatory
    Commission under Section 170 of the Atomic Energy Act of
    1954.
        (d) The normal application of fertilizer.
    "Significant release" means any release which is so
designated in writing by the Agency or the IEMA based upon an
inspection at the site of an emergency incident, or any release
which results in any evacuation, hospitalization, or
fatalities of the public.
(Source: P.A. 97-333, eff. 8-12-11.)
 
    (625 ILCS 5/15-115 rep.)
    Section 90. The Illinois Vehicle Code is amended by
repealing Section 15-115.
 
    Section 95. The Payday Loan Reform Act is amended by
changing Section 4-30 as follows:
 
    (815 ILCS 122/4-30)
    Sec. 4-30. Rulemaking; industry review.
    (a) The Department may make and enforce such reasonable
rules, regulations, directions, orders, decisions, and
findings as the execution and enforcement of the provisions of
this Act require, and as are not inconsistent therewith. All
rules, regulations, and directions of a general character shall
be sent electronically to printed and copies thereof mailed to
all licensees.
    (b) Within 6 months after the effective date of this Act,
the Department shall promulgate reasonable rules regarding the
issuance of payday loans by banks, savings banks, savings and
loan associations, credit unions, and insurance companies.
These rules shall be consistent with this Act and shall be
limited in scope to the actual products and services offered by
lenders governed by this Act.
    (c) After the effective date of this Act, the Department
shall, over a 3-year period, conduct a study of the payday loan
industry to determine the impact and effectiveness of this Act.
The Department shall report its findings to the General
Assembly within 3 months of the third anniversary of the
effective date of this Act. The study shall determine the
effect of this Act on the protection of consumers in this State
and on the fair and reasonable regulation of the payday loan
industry. The study shall include, but shall not be limited to,
an analysis of the ability of the industry to use private
reporting tools that:
        (1) ensure substantial compliance with this Act,
    including real time reporting of outstanding payday loans;
    and
        (2) provide data to the Department in an appropriate
    form and with appropriate content to allow the Department
    to adequately monitor the industry.
    The report of the Department shall, if necessary, identify
and recommend specific amendments to this Act to further
protect consumers and to guarantee fair and reasonable
regulation of the payday loan industry.
(Source: P.A. 94-13, eff. 12-6-05.)
 
    Section 999. Effective date. This Act takes effect upon
becoming law.