Rep. William Davis
Filed: 5/21/2018
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1 | AMENDMENT TO SENATE BILL 3186
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2 | AMENDMENT NO. ______. Amend Senate Bill 3186 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "ARTICLE 5. AMENDATORY PROVISIONS | ||||||
5 | Section 5-5. The State Fair Act is amended by changing | ||||||
6 | Section 6 as follows:
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7 | (20 ILCS 210/6) (from Ch. 127, par. 1706)
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8 | Sec. 6. Policies, procedures, and powers concerning the | ||||||
9 | operation of fairs.
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10 | (a) Policies. The Department shall, pursuant to the | ||||||
11 | Illinois Administrative Procedure Act, establish by rule: | ||||||
12 | (1) the policy for the operation
of the Illinois State | ||||||
13 | Fair and the DuQuoin State Fair, except those operations | ||||||
14 | regarding contests as provided for in subparagraphs (b) and | ||||||
15 | (c) of this Section, and |
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1 | (2) the
policies and procedures for the sale, barter, | ||||||
2 | or exchange of tickets and
for ticket refunds for cancelled | ||||||
3 | events.
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4 | (b) Contests. The Department shall establish and make | ||||||
5 | available, for all contestants and other interested persons, | ||||||
6 | sufficient copies of a premium book or other publication that | ||||||
7 | establishes the kinds and classes of events or exhibits for | ||||||
8 | contests at the fairs, the conditions under which contestants | ||||||
9 | shall be entered into contests, the qualification and | ||||||
10 | disqualification requirements of contests, the drug testing | ||||||
11 | requirements for contests (if applicable), the premiums to be | ||||||
12 | offered to contest winners, the manner in which certificates of | ||||||
13 | award shall be distributed and premiums paid to contest | ||||||
14 | winners, the penalty for violations of a rule, condition, | ||||||
15 | instruction, or directive, and requirements of contests, | ||||||
16 | including but not limited to the return of all premiums paid, | ||||||
17 | the forfeiture of awards, and the prohibition of participating | ||||||
18 | in future contests, and all other rules and requirements for | ||||||
19 | contests. These rules, conditions, instructions, directives, | ||||||
20 | and requirements shall be exempt from the rulemaking procedures | ||||||
21 | of the Illinois Administrative Procedure Act. All such | ||||||
22 | publications issued by the Department that relate to a contest, | ||||||
23 | event, or exhibit shall be maintained as a public record at the | ||||||
24 | Department's principal office in Springfield, Illinois, and | ||||||
25 | made available for public inspection and copying during regular | ||||||
26 | business hours.
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1 | (c) Fees. The Department shall establish and publish for | ||||||
2 | the Illinois State Fair and
the DuQuoin State Fair a schedule | ||||||
3 | of admission fees, entry fees, concession
fees, space rentals | ||||||
4 | and other fees for activities offered or provided at each
State | ||||||
5 | Fair. These schedules of fees shall be maintained as a public | ||||||
6 | record at the Department's principal office in Springfield, | ||||||
7 | Illinois, and made available for public inspection and copying | ||||||
8 | during regular business, but shall be exempt from the | ||||||
9 | rulemaking procedures of the Illinois Administrative Procedure | ||||||
10 | Act. | ||||||
11 | (d) Facilities. The Department may negotiate and enter
into | ||||||
12 | contracts for activities and use of facilities for which there | ||||||
13 | is not an
established or published schedule. The contract | ||||||
14 | criteria shall be established
by rule, pursuant to the Illinois | ||||||
15 | Administrative Procedure Act. The Department may lease any of | ||||||
16 | its facilities for activities during
the State Fair.
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17 | (e) Advertising. The Illinois State Fair in Springfield and | ||||||
18 | the DuQuoin State Fair shall
have the power and authority to | ||||||
19 | sell or exchange advertising rights in all of
its publications | ||||||
20 | and printed materials. The sale of advertising shall be
subject | ||||||
21 | to the rules promulgated by the Department, pursuant to the | ||||||
22 | Illinois Administrative Procedure Act. All income derived from
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23 | the sale of advertising at the Illinois State Fair in | ||||||
24 | Springfield shall be
deposited into the Illinois State Fair | ||||||
25 | Fund. All income derived from the sale of
advertising at the | ||||||
26 | DuQuoin State Fair shall be deposited into the Agricultural
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1 | Premium Fund.
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2 | (f) Veterans. On the day set aside as Veterans Day, | ||||||
3 | honorably discharged veterans and
members of their families | ||||||
4 | shall be admitted without admission charge upon
presentation of | ||||||
5 | identification of any of the following: honorable discharge
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6 | certificate, or photostatic copy thereof, or a paid up | ||||||
7 | membership card in
any recognized veterans organization.
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8 | (g) Government functions. The Governor, Lieutenant | ||||||
9 | Governor, Attorney General, Secretary of
State, Treasurer, | ||||||
10 | Comptroller, President and Minority Leader of the Senate,
and | ||||||
11 | Minority Leader of the House of Representatives shall be | ||||||
12 | afforded space for
official governmental functions, without | ||||||
13 | charge, during the State Fair and the
DuQuoin State Fair.
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14 | (Source: P.A. 93-1055, eff. 11-23-04.)
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15 | (20 ILCS 1305/10-6 rep.) | ||||||
16 | Section 5-10. The Department of Human Services Act is | ||||||
17 | amended by repealing Section 10-6.
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18 | (20 ILCS 2310/2310-358 rep.)
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19 | (20 ILCS 2310/2310-399 rep.) | ||||||
20 | (20 ILCS 2310/2310-403 rep.) | ||||||
21 | Section 5-15. The Department of Public Health Powers and | ||||||
22 | Duties Law of the
Civil Administrative Code of Illinois is | ||||||
23 | amended by repealing Sections 2310-358, 2310-399, and | ||||||
24 | 2310-403.
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1 | (30 ILCS 105/5.599 rep.)
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2 | (30 ILCS 105/5.639 rep.)
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3 | (30 ILCS 105/5.647 rep.)
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4 | (30 ILCS 105/5.748 rep.) | ||||||
5 | Section 5-20. The State Finance Act is amended by repealing | ||||||
6 | Sections 5.599, 5.639, 5.647, and 5.748.
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7 | (35 ILCS 5/507AA rep.)
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8 | (35 ILCS 5/507BB rep.)
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9 | (35 ILCS 5/507HH rep.)
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10 | (35 ILCS 5/507II rep.)
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11 | (35 ILCS 5/507TT rep.) | ||||||
12 | Section 5-25. The Illinois Income Tax Act is amended by | ||||||
13 | repealing Sections 507AA, 507BB, 507HH, 507II, and 507TT. | ||||||
14 | ARTICLE 10. MANDATE RELIEF | ||||||
15 | (20 ILCS 627/Act rep.) | ||||||
16 | Section 10-5. The Electric Vehicle Act is repealed. | ||||||
17 | Section 10-10. The Capital Spending Accountability Law is | ||||||
18 | amended by changing Section 805 as follows: | ||||||
19 | (20 ILCS 3020/805)
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20 | Sec. 805. Reports on capital spending. On the 45th first |
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1 | day following the end of each quarterly period in each fiscal | ||||||
2 | year, the Governor's Office of Management and Budget shall | ||||||
3 | provide to the Comptroller, the Treasurer, the President and | ||||||
4 | the Minority Leader of the Senate, and the Speaker and the | ||||||
5 | Minority Leader of the House of Representatives a report on the | ||||||
6 | status of all capital projects in the State. The report shall | ||||||
7 | may be provided in both written and electronic format. The | ||||||
8 | report must include all of the following: | ||||||
9 | (1) A brief description or stated purpose of each | ||||||
10 | capital project where applicable (as referred to in this | ||||||
11 | Section, "project"). | ||||||
12 | (2) The amount and source of funds (whether from bond | ||||||
13 | funds or other revenues) appropriated for each project, | ||||||
14 | organized into categories including roads, mass transit, | ||||||
15 | schools, environment, civic centers and other categories | ||||||
16 | as applicable (as referred to in this Section, "category or | ||||||
17 | categories"), with subtotals for each category. | ||||||
18 | (3) The date the appropriation bill relating to each | ||||||
19 | project was signed by the Governor, organized into | ||||||
20 | categories. | ||||||
21 | (4) The date the written release of the Governor for | ||||||
22 | each project was submitted to the Comptroller or is | ||||||
23 | projected to be submitted and, if a release for any project | ||||||
24 | has not been submitted within 6 months after its | ||||||
25 | appropriation became law, an explanation why the project | ||||||
26 | has not yet been released, all organized into categories. |
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1 | (5) The amount of expenditures to date by the State | ||||||
2 | relating to each project and estimated amount of total | ||||||
3 | State expenditures and proposed schedule of future State | ||||||
4 | expenditures relating to each project, all organized into | ||||||
5 | categories. | ||||||
6 | (6) A timeline for completion of each project, | ||||||
7 | including the dates, if applicable, of execution by the | ||||||
8 | State of any grant agreement, any required engineering or | ||||||
9 | design work or environmental approvals, and the estimated | ||||||
10 | or actual dates of the start and completion of | ||||||
11 | construction, all organized into categories. Any | ||||||
12 | substantial variances on any project from this reported | ||||||
13 | timeline must be explained in the next quarterly report. | ||||||
14 | (7) A summary report of the status of all projects, | ||||||
15 | including the amount of undisbursed funds intended to be | ||||||
16 | held or used in the next quarter.
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17 | (Source: P.A. 98-692, eff. 7-1-14.) | ||||||
18 | ARTICLE 15. GOVERNMENT EFFICIENCY | ||||||
19 | Section 15-5. The Illinois Act on the Aging is amended by | ||||||
20 | changing Section 4.06 as follows:
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21 | (20 ILCS 105/4.06)
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22 | Sec. 4.06. Minority Senior Citizen Program. The Department | ||||||
23 | shall develop
a program to identify the special needs and |
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1 | problems of minority senior
citizens and evaluate the adequacy | ||||||
2 | and accessibility of existing programs and
information for | ||||||
3 | minority senior citizens. The Department shall coordinate
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4 | services for minority senior citizens through the Department of | ||||||
5 | Public Health,
the Department of Healthcare and Family | ||||||
6 | Services, and the Department of Human Services.
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7 | The Department shall develop procedures to enhance and | ||||||
8 | identify availability
of services and shall promulgate | ||||||
9 | administrative rules to establish the
responsibilities of the | ||||||
10 | Department.
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11 | The Department on Aging, the Department of Public Health, | ||||||
12 | the Department of Healthcare and Family Services, and the | ||||||
13 | Department of Human Services shall
cooperate in the development | ||||||
14 | and submission of an annual report on programs and
services | ||||||
15 | provided under this Section. The joint report shall be filed | ||||||
16 | with the
Governor and the General Assembly no later than 6 | ||||||
17 | months after the close of each fiscal year on or before | ||||||
18 | September 30 of each year .
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19 | (Source: P.A. 95-331, eff. 8-21-07.)
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20 | (20 ILCS 605/605-337 rep.) | ||||||
21 | Section 15-10. The Department of Commerce and Economic | ||||||
22 | Opportunity Law of the
Civil Administrative Code of Illinois is | ||||||
23 | amended by repealing Section 605-337. | ||||||
24 | Section 15-15. The Outdoor Recreation Resources Act is |
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1 | amended by changing Section 2a as follows:
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2 | (20 ILCS 860/2a) (from Ch. 105, par. 532a)
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3 | Sec. 2a. The Department of Natural Resources Historic | ||||||
4 | Preservation Agency is authorized to have prepared
with the | ||||||
5 | Department of Commerce and Economic Opportunity and to
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6 | maintain, and keep up-to-date a comprehensive plan for the
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7 | preservation of the
historically significant properties and | ||||||
8 | interests of the State.
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9 | (Source: P.A. 94-793, eff. 5-19-06.)
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10 | (20 ILCS 1305/10-32 rep.) | ||||||
11 | Section 15-20. The Department of Human Services Act is | ||||||
12 | amended by repealing Section 10-32.
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13 | (20 ILCS 2505/2505-550 rep.)
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14 | Section 15-25. The Department of Revenue Law of the
Civil | ||||||
15 | Administrative Code of Illinois is amended by repealing Section | ||||||
16 | 2505-550. | ||||||
17 | (20 ILCS 2605/2605-580 rep.) | ||||||
18 | Section 15-30. The Department of State Police Law of the
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19 | Civil Administrative Code of Illinois is amended by repealing | ||||||
20 | Section 2605-580. | ||||||
21 | Section 15-35. The State Finance Act is amended by changing |
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1 | Section 5k as follows: | ||||||
2 | (30 ILCS 105/5k) | ||||||
3 | Sec. 5k. Cash flow borrowing and general funds liquidity; | ||||||
4 | FY15. | ||||||
5 | (a) In order to meet cash flow deficits and to maintain | ||||||
6 | liquidity in the General Revenue Fund and the Health Insurance | ||||||
7 | Reserve Fund, on and after July 1, 2014 and through June 30, | ||||||
8 | 2015, the State Treasurer and the State Comptroller shall make | ||||||
9 | transfers to the General Revenue Fund and the Health Insurance | ||||||
10 | Reserve Fund, as directed by the Governor, out of special funds | ||||||
11 | of the State, to the extent allowed by federal law. No such | ||||||
12 | transfer may reduce the cumulative balance of all of the | ||||||
13 | special funds of the State to an amount less than the total | ||||||
14 | debt service payable during the 12 months immediately following | ||||||
15 | the date of the transfer on any bonded indebtedness of the | ||||||
16 | State and any certificates issued under the Short Term | ||||||
17 | Borrowing Act. At no time shall the outstanding total transfers | ||||||
18 | made from the special funds of the State to the General Revenue | ||||||
19 | Fund and the Health Insurance Reserve Fund under this Section | ||||||
20 | exceed $650,000,000; once the amount of $650,000,000 has been | ||||||
21 | transferred from the special funds of the State to the General | ||||||
22 | Revenue Fund and the Health Insurance Reserve Fund, additional | ||||||
23 | transfers may be made from the special funds of the State to | ||||||
24 | the General Revenue Fund and the Health Insurance Reserve Fund | ||||||
25 | under this Section only to the extent that moneys have first |
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1 | been re-transferred from the General Revenue Fund and the | ||||||
2 | Health Insurance Reserve Fund to those special funds of the | ||||||
3 | State. Notwithstanding any other provision of this Section, no | ||||||
4 | such transfer may be made from any special fund that is | ||||||
5 | exclusively collected by or appropriated to any other | ||||||
6 | constitutional officer without the written approval of that | ||||||
7 | constitutional officer. | ||||||
8 | (b) If moneys have been transferred to the General Revenue | ||||||
9 | Fund and the Health Insurance Reserve Fund pursuant to | ||||||
10 | subsection (a) of this Section, this amendatory Act of the 98th | ||||||
11 | General Assembly shall constitute the continuing authority for | ||||||
12 | and direction to the State Treasurer and State Comptroller to | ||||||
13 | reimburse the funds of origin from the General Revenue Fund by | ||||||
14 | transferring to the funds of origin, at such times and in such | ||||||
15 | amounts as directed by the Governor when necessary to support | ||||||
16 | appropriated expenditures from the funds, an amount equal to | ||||||
17 | that transferred from them plus any interest that would have | ||||||
18 | accrued thereon had the transfer not occurred. When any of the | ||||||
19 | funds from which moneys have been transferred pursuant to | ||||||
20 | subsection (a) have insufficient cash from which the State | ||||||
21 | Comptroller may make expenditures properly supported by | ||||||
22 | appropriations from the fund, then the State Treasurer and | ||||||
23 | State Comptroller shall transfer from the General Revenue Fund | ||||||
24 | to the fund only such amount as is immediately necessary to | ||||||
25 | satisfy outstanding expenditure obligations on a timely basis. | ||||||
26 | (c) (Blank). On the first day of each quarterly period in |
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1 | each fiscal year, until such time as a report indicates that | ||||||
2 | all moneys borrowed and interest pursuant to this Section have | ||||||
3 | been repaid, the Governor's Office of Management and Budget | ||||||
4 | shall provide to the President and the Minority Leader of the | ||||||
5 | Senate, the Speaker and the Minority Leader of the House of | ||||||
6 | Representatives, and the Commission on Government Forecasting | ||||||
7 | and Accountability a report on all transfers made pursuant to | ||||||
8 | this Section in the prior quarterly period. The report must be | ||||||
9 | provided in electronic format. The report must include all of | ||||||
10 | the following: | ||||||
11 | (1) The date each transfer was made. | ||||||
12 | (2) The amount of each transfer. | ||||||
13 | (3) In the case of a transfer from the General Revenue | ||||||
14 | Fund to a fund of origin pursuant to subsection (b) of this | ||||||
15 | Section, the amount of interest being paid to the fund of | ||||||
16 | origin. | ||||||
17 | (4) The end of day balance of the fund of
origin, the | ||||||
18 | General Revenue Fund and the Health Insurance Reserve Fund | ||||||
19 | on the date the transfer was made.
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20 | (Source: P.A. 98-682, eff. 6-30-14; 99-523, eff. 6-30-16.) | ||||||
21 | Section 15-40. The Military Family Interstate Compact | ||||||
22 | Implementation Statute Drafting Advisory Committee Act is | ||||||
23 | amended by changing Section 5 as follows: | ||||||
24 | (45 ILCS 175/5)
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1 | Sec. 5. Committee; created; mandate. The Military Family | ||||||
2 | Interstate Compact Implementation Statute Drafting Advisory | ||||||
3 | Committee is created as an interagency advisory committee to | ||||||
4 | develop a comprehensive statute to implement the Interstate | ||||||
5 | Compact on Educational Opportunity for Military Children, a | ||||||
6 | document developed by the National Military Family | ||||||
7 | Association. The Lieutenant Governor is the chair of the | ||||||
8 | Committee, which shall be composed of the following individuals | ||||||
9 | or agency designees: | ||||||
10 | (1) The Lieutenant Governor.
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11 | (2) The Illinois State Board of Education. | ||||||
12 | (3) (Blank). The Department of Commerce and Economic | ||||||
13 | Opportunity. | ||||||
14 | (4) The Department of Healthcare and Family Services.
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15 | (5) The Housing Development Authority.
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16 | (6) The Department of Veterans' Affairs.
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17 | (7) The Department of Military Affairs.
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18 | (8) The Department of Employment Security.
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19 | (9) Any other interested stakeholder, at the | ||||||
20 | discretion of the chair.
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21 | The Committee shall meet at a time and place designated by | ||||||
22 | the chair, but in no case shall the Committee meet less often | ||||||
23 | than once each month, until it has fulfilled all the | ||||||
24 | obligations delineated in this Act. | ||||||
25 | All meetings of the Committee are subject to the provisions | ||||||
26 | of the Open Meetings Act. |
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1 | All proceedings of the Committee and documents produced by | ||||||
2 | the Committee are subject to the provisions of the Freedom of | ||||||
3 | Information Act. | ||||||
4 | The Committee shall draft and submit to the General | ||||||
5 | Assembly a model implementation statute and a report outlining | ||||||
6 | all the issues raised by the implementation by no later than | ||||||
7 | December 31, 2008 or within 90 days after the effective date of | ||||||
8 | this Act, whichever is later. | ||||||
9 | The Office of the Lieutenant Governor shall provide staff | ||||||
10 | and administrative support to the Committee.
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11 | (Source: P.A. 95-736, eff. 7-16-08.)
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12 | (110 ILCS 805/2-20 rep.)
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13 | (110 ILCS 805/2-25 rep.) | ||||||
14 | Section 15-45. The Public Community College Act is amended | ||||||
15 | by repealing Sections 2-20 and 2-25. | ||||||
16 | ARTICLE 99. EXEMPTIONS; SEVERABILITY; EFFECTIVE DATE | ||||||
17 | Section 99-90. The State Mandates Act is amended by adding | ||||||
18 | Section 8.42 as follows: | ||||||
19 | (30 ILCS 805/8.42 new) | ||||||
20 | Sec. 8.42. Exempt mandate. Notwithstanding Sections 6 and 8 | ||||||
21 | of this Act, no reimbursement by the State is required for the | ||||||
22 | implementation of any mandate created by this amendatory Act of |
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1 | the 100th General Assembly. | ||||||
2 | Section 99-96. No revival or extension. This Act does not | ||||||
3 | revive or extend any Section or Act otherwise repealed. | ||||||
4 | Section 99-97. Severability. The provisions of this Act are | ||||||
5 | severable under Section 1.31 of the Statute on Statutes.
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6 | Section 99-99. Effective date. This Act takes effect upon | ||||||
7 | becoming law.".
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