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Public Act 098-0044 |
SB1621 Enrolled | LRB098 09951 HLH 40109 b |
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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(5 ILCS 390/Act rep.)
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Section 5. The Supported Employees Act is repealed.
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(20 ILCS 605/605-75 rep.)
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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:
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(20 ILCS 1105/3) (from Ch. 96 1/2, par. 7403)
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Sec. 3. Powers and Duties.
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(a) In addition to its other powers, the Department has the |
following
powers:
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(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.
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(2) To represent the State in energy matters involving |
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the federal
government, other states, units of local |
government, and regional
agencies.
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(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.
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(4) To cooperate with State colleges and universities |
and their
governing boards in energy programs and |
activities.
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(5) (Blank).
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(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
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sources.
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(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.
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(8) To serve as a clearinghouse for information on |
alcohol production
technology; provide assistance, |
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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.
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(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.
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(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.
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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
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international coal market.
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(11) To assist the Department of Central Management |
Services in
establishing and maintaining a system to |
analyze and report energy
consumption of facilities leased |
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by the Department of Central Management
Services.
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(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
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products in productive and benign applications.
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(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.
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(b) (Blank).
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(c) (Blank).
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(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
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public elementary and unit school districts no later than |
November 1, of
each year.
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(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
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landfill. The Department shall report the results of this study |
to the
General Assembly by January 1, 1991.
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(f) (Blank).
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(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
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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
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directories and in publicizing and promoting with citizens of |
the area
the distributor's collection efforts and schedules.
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(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.
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(i) (Blank).
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(Source: P.A. 92-736, eff. 7-25-02.)
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Section 20. The Illinois Emergency Management Agency Act is |
amended by changing Section 18 as follows:
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(20 ILCS 3305/18) (from Ch. 127, par. 1068)
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Sec. 18. Orders, Rules and Regulations.
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(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,
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regulation, order or amendment issued under this Act and during
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the state of disaster is abrogated, and the rule, regulation,
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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.
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(b) Every emergency services and disaster agency
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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 |
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request of an emergency services or disaster agency, copies |
thereof shall be mailed to the emergency services or disaster |
agency.
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(Source: P.A. 92-73, eff. 1-1-02.)
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(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 |
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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. |
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(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.
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(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).)
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(30 ILCS 105/6z-17) (from Ch. 127, par. 142z-17)
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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
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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
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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)
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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:
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Fiscal Year |
Amount |
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1990 |
$2,700,000 |
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1991 |
1,850,000 |
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1992 |
2,750,000 |
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1993 |
2,950,000 |
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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
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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.
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(Source: P.A. 95-708, eff. 1-18-08.)
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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)
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Sec. 5. Federal stimulus tracking. |
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(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.
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(Source: P.A. 96-169, eff. 8-10-09.) |
Section 40. The General Obligation Bond Act is amended by |
changing Section 11 as follows:
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(30 ILCS 330/11) (from Ch. 127, par. 661)
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Sec. 11. Sale of Bonds. Except as otherwise provided in |
this Section,
Bonds shall be sold from time to time pursuant to
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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.
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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.
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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
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Governor's Office of Management and Budget may
reschedule the |
date of sale upon the giving of such additional notice as the
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Director deems adequate to inform prospective bidders of
such |
change; provided, however, that all other conditions of the |
sale shall
continue as originally advertised.
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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.
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(Source: P.A. 96-18, eff. 6-26-09; 96-43, eff. 7-15-09; |
96-1497, eff. 1-14-11.)
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Section 45. The Build Illinois Bond Act is amended by |
changing Section 8 as follows:
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(30 ILCS 425/8) (from Ch. 127, par. 2808)
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Sec. 8. Sale of Bonds. Bonds, except as otherwise provided |
in this Section, shall be sold from time to time pursuant to
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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. |
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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
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Governor's Office of Management and Budget may
reschedule the |
date of sale upon the giving of such additional notice as the
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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
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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 |
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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.
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(Source: P.A. 96-18, eff. 6-26-09.)
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(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:
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(105 ILCS 5/14-8.04) (from Ch. 122, par. 14-8.04)
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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.
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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
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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 .
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(Source: P.A. 89-397, eff. 8-20-95; 89-507, eff. 7-1-97.)
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(105 ILCS 55/Act rep.)
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Section 60. The School Employee Benefit Act is repealed. |
Section 65. The Illinois Banking Act is amended by changing |
Section 5 as follows:
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(205 ILCS 5/5) (from Ch. 17, par. 311)
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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:
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(1) To sue and be sued, complain, and defend in its |
corporate name.
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(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.
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(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
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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.
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(4) To elect or appoint and remove officers and agents of |
the bank
and define their duties and fix their compensation.
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(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.
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(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 |
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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
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Investment Act.
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(6) To make reasonable donations for the public welfare or |
for charitable,
scientific, religious or educational purposes.
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(7) To borrow or incur an obligation; and to pledge its |
assets:
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(a) to secure its borrowings, its lease of personal or |
real property or
its other nondeposit obligations;
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(b) to enable it to act as agent for the sale of |
obligations of the
United States;
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(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;
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(d) to secure deposits of public money of any state or |
of any
political corporation or subdivision thereof
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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;
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(e) to secure deposits of money whenever required by |
the National
Bankruptcy Act;
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(f) (blank); and
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(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.
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(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. |