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1 | | AN ACT concerning State government.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Illinois Governmental Ethics Act is amended |
5 | | by changing Section 3A-40 as follows: |
6 | | (5 ILCS 420/3A-40) |
7 | | Sec. 3A-40. Appointees with expired terms; temporary and |
8 | | acting appointees. |
9 | | (a) A person who is nominated by the Governor on or after |
10 | | August 26, 2011 (the effective date of Public Act 97-582) for |
11 | | any affected office to which appointment requires the advice |
12 | | and consent of the Senate, who is appointed pursuant to that |
13 | | advice and consent, and whose term of office expires on or |
14 | | after August 26, 2011 shall not continue in office longer than |
15 | | 60 calendar days after the expiration of that term of office. |
16 | | After that 60th day, each such office is considered vacant and |
17 | | shall be filled only pursuant to the law applicable to making |
18 | | appointments to that office, subject to the provisions of this
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19 | | Section. |
20 | | A person who has been nominated by the Governor before |
21 | | August 26, 2011 (the effective date of Public Act 97-582) for |
22 | | any affected office to which appointment requires the advice |
23 | | and consent of the Senate, who has been appointed pursuant to |
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1 | | that advice and consent, and whose term of office has expired |
2 | | shall not continue in office longer than 60 calendar days after |
3 | | the date upon which his or her term of office has expired. |
4 | | After that 60 days, each such office is considered vacant and |
5 | | shall be filled only pursuant to the law applicable to making |
6 | | appointments to that office, subject to the provisions of this |
7 | | Section. If the term of office of a person who is subject to |
8 | | this paragraph expires more than 60 calendar days prior to the |
9 | | effective date of this amendatory Act of the 97th General |
10 | | Assembly, then that office is considered vacant on the |
11 | | effective date of this amendatory Act of the 97th General |
12 | | Assembly, and that vacancy shall be filled only pursuant to the |
13 | | law applicable to making appointments to that office. For the |
14 | | purposes of this subsection (a), "affected office" means (i) an |
15 | | office in which one receives any form of compensation, |
16 | | including salary or per diem, but not including expense |
17 | | reimbursement, or (ii) membership on the board of trustees of a |
18 | | public university. |
19 | | (b) A person who is appointed by the Governor on or after |
20 | | August 26, 2011 (the effective date of Public Act 97-582) to |
21 | | serve as a temporary appointee during a recess of the Senate , |
22 | | pursuant to Article V, Section 9(b) of the Illinois |
23 | | Constitution or any other applicable statute, to any office to |
24 | | which appointment requires the advice and consent of the Senate |
25 | | shall not continue in office after the next meeting of the |
26 | | Senate unless the Governor has filed a message with the |
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1 | | Secretary of the Senate nominating that person to fill that |
2 | | office on or before that meeting date. After that meeting date, |
3 | | each such office is considered vacant and shall be filled only |
4 | | pursuant to the law applicable to making appointments to that |
5 | | office, subject to the provisions of this
Section. Any
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6 | | temporary appointment made pursuant to subsection (b) of |
7 | | Section 9 of Article V
of the Illinois Constitution or any |
8 | | applicable statute shall be
filed with the Secretary of State |
9 | | and the Secretary of the
Senate. The form of the temporary |
10 | | appointment message shall be
established by the Senate under |
11 | | its rules. |
12 | | A person who has been appointed by the Governor before |
13 | | August 26, 2011 (the effective date of Public Act 97-582) to |
14 | | serve as a temporary appointee, pursuant to Article V, Section |
15 | | 9(b) of the Illinois Constitution or any other applicable |
16 | | statute, to any office to which appointment requires the advice |
17 | | and consent of the Senate shall not continue in office after |
18 | | August 26, 2011 or the next meeting of the Senate after August |
19 | | 26, 2011, as applicable, unless the Governor has filed a |
20 | | message with the Secretary of the Senate nominating that person |
21 | | to fill that office on or before the next meeting of the Senate |
22 | | after that temporary appointment was made. After that effective |
23 | | date or meeting date, as applicable, each such office is |
24 | | considered vacant and shall be filled only pursuant to the law |
25 | | applicable to making appointments to that office, subject to |
26 | | the provisions of this Section. |
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1 | | For the purposes of this subsection (b), a meeting of the |
2 | | Senate does not include a perfunctory session day as designated |
3 | | by the Senate under its rules. For the purposes of this
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4 | | subsection (b), the Senate is in recess on a day in which it is
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5 | | not in session and does not include a perfunctory session day
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6 | | as designated by the Senate under its rules. |
7 | | (c) A person who is designated by the Governor on or after |
8 | | August 26, 2011 (the effective date of Public Act 97-582) to |
9 | | serve as an acting appointee to any office to which appointment |
10 | | requires the advice and consent of the Senate shall not |
11 | | continue in office more than 60 calendar days unless the |
12 | | Governor files a message with the Secretary of the Senate |
13 | | nominating that person to fill that office within that 60 days. |
14 | | After that 60 days, each such office is considered vacant and |
15 | | shall be filled only pursuant to the law applicable to making |
16 | | appointments to that office, subject to the provisions of this
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17 | | Section. The Governor shall file with the Secretary of the |
18 | | Senate the name of any person who the Governor designates as an |
19 | | acting appointee under this Section. The form of the message |
20 | | designating an appointee as acting shall be established by the |
21 | | Senate under its rules. No person who has been designated by |
22 | | the Governor to serve as an acting appointee to any office to |
23 | | which appointment requires the advice and consent of the Senate |
24 | | shall, except at the Senate's request, be designated again as |
25 | | an acting appointee for that office at the same session of that |
26 | | Senate, subject to the provisions of this Section. |
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1 | | A person who has been designated by the Governor before |
2 | | August 26, 2011 (the effective date of Public Act 97-582) to |
3 | | serve as an acting appointee to any office to which appointment |
4 | | requires the advice and consent of the Senate shall not |
5 | | continue in office longer than 60 calendar days after August |
6 | | 26, 2011 unless the Governor has filed a message with the |
7 | | Secretary of the Senate nominating that person to fill that |
8 | | office on or before that 60 days. After that 60 days, each such |
9 | | office is considered vacant and shall be filled only pursuant |
10 | | to the law applicable to making appointments to that office, |
11 | | subject to the provisions of this Section. No person who has |
12 | | been designated by the Governor to serve as an acting appointee |
13 | | to any office to which appointment requires the advice and |
14 | | consent of the Senate shall, except at the Senate's request, be |
15 | | designated again as an acting appointee for that office at the |
16 | | same session of that Senate, subject to the provisions of this |
17 | | Section. |
18 | | During the term of a General Assembly, the Governor may not |
19 | | designate a person to serve as an acting appointee to any |
20 | | office to which appointment requires the advice and consent of |
21 | | the Senate if that person's nomination to serve as the |
22 | | appointee for the same office was rejected by the Senate of the |
23 | | same General Assembly. |
24 | | For the purposes of this subsection (c), "acting appointee" |
25 | | means a person designated by the Governor to serve as an acting |
26 | | director or acting secretary pursuant to Section 5-605 of the |
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1 | | Civil Administrative Code of Illinois. "Acting appointee" also |
2 | | means a person designated by the Governor pursuant to any other |
3 | | statute to serve as an acting holder of any office, to execute |
4 | | the duties and functions of any office, or both. |
5 | | (d) The provisions of this Section apply notwithstanding |
6 | | any law to the contrary. However, the provisions of this |
7 | | Section do not apply to appointments made under Article 1A of |
8 | | the Election Code or to the appointment of any person to serve |
9 | | as Director of the Illinois Power Agency.
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10 | | (Source: P.A. 97-582, eff. 8-26-11; 97-719, eff. 6-29-12.) |
11 | | Section 10. The Personnel Code is amended by changing |
12 | | Section 9 as follows:
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13 | | (20 ILCS 415/9) (from Ch. 127, par. 63b109)
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14 | | Sec. 9. Director, powers and duties. The Director, as |
15 | | executive
head of the Department, shall direct and supervise |
16 | | all its
administrative and technical activities. In addition to |
17 | | the duties
imposed upon him elsewhere in this law, it shall be |
18 | | his duty:
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19 | | (1) To apply and carry out this law and the rules adopted
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20 | | thereunder.
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21 | | (2) To attend meetings of the Commission.
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22 | | (3) To establish and maintain a roster of all employees |
23 | | subject to
this Act, in which there shall be set forth, as to |
24 | | each employee, the
class, title, pay, status, and other |
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1 | | pertinent data.
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2 | | (4) To appoint, subject to the provisions of this Act, such
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3 | | employees of the Department and such experts and special |
4 | | assistants as
may be necessary to carry out effectively this |
5 | | law.
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6 | | (5) Subject to such exemptions or modifications as may be |
7 | | necessary
to assure the continuity of federal contributions in |
8 | | those agencies
supported in whole or in part by federal funds, |
9 | | to make appointments to
vacancies; to approve all written |
10 | | charges seeking discharge, demotion,
or other disciplinary |
11 | | measures provided in this Act and to approve
transfers of |
12 | | employees from one geographical area to another in the
State, |
13 | | in offices, positions or places of employment covered by this
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14 | | Act, after consultation with the operating unit.
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15 | | (6) To formulate and administer service wide policies and |
16 | | programs
for the improvement of employee effectiveness, |
17 | | including training,
safety, health, incentive recognition, |
18 | | counseling, welfare and employee
relations. The Department |
19 | | shall formulate and administer recruitment
plans and testing of |
20 | | potential employees for agencies having direct
contact with |
21 | | significant numbers of non-English speaking or otherwise
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22 | | culturally distinct persons. The Department shall require each |
23 | | State agency
to annually assess the need for employees with |
24 | | appropriate bilingual
capabilities to serve the significant |
25 | | numbers of non-English speaking or
culturally distinct |
26 | | persons. The Department shall develop a uniform
procedure for |
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1 | | assessing an agency's need for employees with appropriate
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2 | | bilingual capabilities. Agencies shall establish occupational |
3 | | titles or
designate positions as "bilingual option" for persons |
4 | | having sufficient
linguistic ability or cultural knowledge to |
5 | | be able to render effective
service to such persons. The |
6 | | Department shall ensure that any such option
is exercised |
7 | | according to the agency's needs assessment and the
requirements |
8 | | of this Code. The Department shall make annual reports of the
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9 | | needs assessment of each agency and the number of positions |
10 | | calling for
non-English linguistic ability to whom vacancy |
11 | | postings were sent, and the
number filled by each agency. Such |
12 | | policies and programs shall be subject
to approval by the |
13 | | Governor. Such policies, program reports and needs
assessment |
14 | | reports shall be filed with the General Assembly
by January 1 |
15 | | of each year and shall be available to the public.
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16 | | The Department shall include within the report required |
17 | | above
the number of persons receiving the bilingual pay |
18 | | supplement established by
Section 8a.2 of this Code. The report |
19 | | shall provide the number of persons
receiving the bilingual pay |
20 | | supplement for languages other than English and for
signing. |
21 | | The report shall also indicate the number of persons, by the
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22 | | categories of Hispanic and non-Hispanic, who are receiving the |
23 | | bilingual pay
supplement for language skills other than |
24 | | signing, in a language other than
English.
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25 | | (7) To conduct negotiations affecting pay, hours of work, |
26 | | or other
working conditions of employees subject to this Act.
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1 | | (8) To make continuing studies to improve the efficiency of |
2 | | State
services to the residents of Illinois, including but not |
3 | | limited to those
who are non-English speaking or culturally |
4 | | distinct, and to report his
findings and recommendations to the |
5 | | Commission and the Governor.
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6 | | (9) To investigate from time to time the operation and |
7 | | effect of
this law and the rules made thereunder and to report |
8 | | his findings and
recommendations to the Commission and to the
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9 | | Governor.
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10 | | (10) To make an annual report regarding the work of the |
11 | | Department,
and such special reports as he may consider |
12 | | desirable, to the Commission
and to the Governor, or as the |
13 | | Governor or Commission may request.
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14 | | (11) (Blank). To conduct research and planning regarding |
15 | | the total manpower
needs of all offices, including the |
16 | | Lieutenant Governor, Secretary of
State, State Treasurer, |
17 | | State Comptroller, State Superintendent of
Education, and |
18 | | Attorney General, and of all departments, agencies,
boards, and |
19 | | commissions of the executive branch, except state-supported
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20 | | colleges and universities, and for that purpose to prescribe |
21 | | forms for
the reporting of such personnel information as the |
22 | | department may
request both for positions covered by this Act |
23 | | and for those exempt in
whole or in part.
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24 | | (12) To prepare and publish a semi-annual statement showing |
25 | | the
number of employees exempt and non-exempt from merit |
26 | | selection in each
department. This report shall be in addition |
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1 | | to other information on
merit selection maintained for public |
2 | | information under existing law.
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3 | | (13) To authorize in every department or agency subject to
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4 | | Jurisdiction C the use of flexible hours positions. A flexible |
5 | | hours
position is one that does not require an ordinary work |
6 | | schedule as
determined by the Department and includes but is |
7 | | not limited to: 1) a
part time job of 20 hours or more per week, |
8 | | 2) a job which is shared by
2 employees or a compressed work |
9 | | week consisting of an ordinary number
of working hours |
10 | | performed on fewer than the number of days ordinarily
required |
11 | | to perform that job. The Department may define flexible time
to |
12 | | include other types of jobs that are defined above.
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13 | | The Director and the director of each department or agency |
14 | | shall
together establish goals for flexible hours positions to |
15 | | be available in
every department or agency.
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16 | | The Department shall give technical assistance to |
17 | | departments and
agencies in achieving their goals, and shall |
18 | | report to the Governor and
the General Assembly each year on |
19 | | the progress of each department and
agency.
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20 | | When a goal of 10% of the positions in a department or |
21 | | agency being
available on a flexible hours basis has been |
22 | | reached, the Department
shall evaluate the effectiveness and |
23 | | efficiency of the program and
determine whether to expand the |
24 | | number of positions available for
flexible hours to 20%.
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25 | | When a goal of 20% of the positions in a department or |
26 | | agency being
available on a flexible hours basis has been |
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1 | | reached, the Department
shall evaluate the effectiveness and |
2 | | efficiency of the program and
determine whether to expand the |
3 | | number of positions available for
flexible hours.
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4 | | Each department shall develop a plan for implementation of |
5 | | flexible
work requirements designed to reduce the need for day |
6 | | care of employees'
children outside the home. Each department |
7 | | shall submit a report of its
plan to the Department of Central |
8 | | Management Services and the General
Assembly. This report shall |
9 | | be submitted biennially by March 1, with the
first report due |
10 | | March 1, 1993.
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11 | | (14) To perform any other lawful acts which he may consider
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12 | | necessary or desirable to carry out the purposes and provisions |
13 | | of this
law.
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14 | | The requirement for reporting to the General Assembly shall |
15 | | be satisfied
by filing copies of the report with the Speaker, |
16 | | the Minority Leader and
the Clerk of the House of |
17 | | Representatives and the President, the Minority
Leader and the |
18 | | Secretary of the Senate and the Legislative Research
Unit, as |
19 | | required by Section 3.1 of "An Act to revise the law in |
20 | | relation
to the General Assembly", approved February 25, 1874, |
21 | | as amended, and
filing such additional copies with the State |
22 | | Government Report Distribution
Center for the General Assembly |
23 | | as is required under paragraph (t) of
Section 7 of the State |
24 | | Library Act.
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25 | | (Source: P.A. 86-1004; 87-552; 87-1050.)
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1 | | (20 ILCS 605/605-345 rep.)
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2 | | Section 15. The Department of Commerce and Economic |
3 | | Opportunity Law of the
Civil Administrative Code of Illinois is |
4 | | amended by repealing Section 605-345. |
5 | | Section 20. The Illinois Commission on Volunteerism and |
6 | | Community Service Act is amended by changing Sections 1, 2, 4, |
7 | | 5.1, 6.1, and 7 and by adding Sections 4.1 and 4.2 as follows:
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8 | | (20 ILCS 710/1) (from Ch. 127, par. 3801)
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9 | | Sec. 1. Creation. There is created in the Department of |
10 | | Public Health Human Services the
Illinois Commission on |
11 | | Volunteerism and Community
Service.
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12 | | (Source: P.A. 91-798, eff. 7-9-00.)
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13 | | (20 ILCS 710/2) (from Ch. 127, par. 3802)
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14 | | Sec. 2. Purpose. The purpose of the Illinois Commission on
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15 | | Volunteerism and Community Service is to promote and support |
16 | | community
service in public and
private programs to meet the |
17 | | needs of Illinois residents citizens ; to stimulate new
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18 | | volunteerism and community service initiatives and |
19 | | partnerships; and to
serve as a resource and advocate among all |
20 | | State agencies within the Department of Human Services for
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21 | | community service agencies, volunteers, and programs which
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22 | | utilize federal, State , and private volunteers.
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23 | | (Source: P.A. 91-798, eff. 7-9-00.)
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1 | | (20 ILCS 710/4) (from Ch. 127, par. 3804)
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2 | | Sec. 4. Operation. The
Governor shall appoint a Director
of |
3 | | the Commission on Volunteerism and Community
Service who shall
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4 | | serve
at the Governor's pleasure
and who shall receive such |
5 | | compensation
as is determined by
the Governor. The Director |
6 | | shall
employ such staff as is necessary to
carry out the |
7 | | purpose of this Act. The Commission, working
in cooperation |
8 | | with State agencies, individuals, local groups, and
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9 | | organizations
throughout the State, may undertake programs and |
10 | | activities which further the
purposes of this Act , including, |
11 | | but not limited to, the following:
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12 | | (a) providing technical assistance to programs which |
13 | | depend upon
volunteers;
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14 | | (b) initiating community service programs to meet
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15 | | previously unmet needs in Illinois;
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16 | | (c) promoting and coordinating efforts to expand and |
17 | | improve the
statewide community service network;
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18 | | (d) recognizing outstanding community service
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19 | | accomplishments;
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20 | | (e) disseminating information to support community |
21 | | service programs and to
broaden community service
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22 | | involvement throughout the State;
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23 | | (f) implementing federally funded grant programs in |
24 | | Illinois such as the
National and Community Service Trust |
25 | | Act , as amended by the Serve America Act; .
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1 | | (g) taking an active role in the State's emergency |
2 | | management plan to coordinate volunteers for disaster |
3 | | preparedness and response; |
4 | | (h) promoting intergenerational initiatives and |
5 | | efforts to promote inclusion among diverse populations; |
6 | | and |
7 | | (i) fostering an environment that promotes social |
8 | | innovation throughout the State. |
9 | | The Commission may receive and expend funds, grants and
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10 | | services from any source for purposes reasonable and necessary |
11 | | to carry out a
coordinated plan of community service
throughout |
12 | | the State.
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13 | | (Source: P.A. 91-798, eff. 7-9-00.)
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14 | | (20 ILCS 710/4.1 new) |
15 | | Sec. 4.1. Illinois Service Education Award Grant. The |
16 | | Commission may, subject to appropriation, award an Illinois |
17 | | Service Education Award Grant to recipients of a national |
18 | | service educational award established under 42 U.S.C. 12602 and |
19 | | awarded by the Corporation for National Community Service. The |
20 | | grant must be awarded only as a partial matching grant.
An |
21 | | individual who successfully completes a required term of |
22 | | full-time national service in an approved national service |
23 | | position in this State may apply to receive an Illinois Service |
24 | | Education Award Grant. The Commission shall adopt rules to |
25 | | govern the process for applying for the grant and for |
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1 | | determining the amount of the grant and any other rules |
2 | | necessary to implement and administer this Section. |
3 | | An Illinois Service Education Award Grant may be used for |
4 | | any of the following purposes: |
5 | | (1) To repay student loans associated with attending an |
6 | | Illinois institution of higher learning, as defined in the |
7 | | Higher Education Student Assistance Act. |
8 | | (2) To pay all or part of the cost of attendance at an |
9 | | Illinois institution of higher learning, as defined in the |
10 | | Higher Education Student Assistance Act. |
11 | | (3) To pay expenses incurred in participating in an |
12 | | approved Illinois school-to-work program. |
13 | | (4) Any other purpose for which the national service |
14 | | educational award may lawfully be used. |
15 | | (20 ILCS 710/4.2 new) |
16 | | Sec. 4.2. Receiving and expending funds. The Commission may |
17 | | receive and expend funds, grants, and services from any source |
18 | | for purposes reasonable and necessary to carry out a |
19 | | coordinated plan of community service throughout the State.
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20 | | (20 ILCS 710/5.1)
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21 | | Sec. 5.1. Commission. The Commission is established to |
22 | | encourage
community service and volunteer participation as a |
23 | | means of community and State
problem-solving; to promote and |
24 | | support voluntary resident citizen involvement in
government |
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1 | | and private programs throughout the State; to develop a |
2 | | long-term,
comprehensive vision and plan of action for national |
3 | | volunteerism and
community service
initiatives in Illinois; |
4 | | and to serve as the State's liaison to national and
State |
5 | | organizations that support its mission.
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6 | | The Commission shall consist of 15 to 25 bipartisan voting |
7 | | members and
up to 15
bipartisan nonvoting members. At least 25% |
8 | | of the members must be from
the City of Chicago.
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9 | | The Governor shall appoint up to 25 voting members and up |
10 | | to 15
nonvoting members. Of
those initial 25 voting members, 10 |
11 | | shall serve for 3 years, 8 shall serve for
2 years, and 7 shall |
12 | | serve for one year. Voting members appointed by the
Governor |
13 | | shall include at least one representative of the following: an |
14 | | expert
in the education, training, and development needs of |
15 | | youth; an expert in philanthropy the chairman of the
City |
16 | | Colleges of a municipality having a population of more than 2 |
17 | | million ; a representative of
labor organizations; a |
18 | | representative of business; a representative of |
19 | | community-based the human services department of a |
20 | | municipality
with a population of more than 2 million; |
21 | | community based organizations; the
State Superintendent of |
22 | | Education; the Superintendent of Police of a
municipality |
23 | | having a population of more than 2 million; a youth between 16 |
24 | | and
25 years old who is a participant or supervisor in a |
25 | | community service program;
the President of a County Board of a |
26 | | county having a population of more than 3
million; an expert in |
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1 | | older adult volunteerism; a representative of persons with |
2 | | disabilities the public health commissioner
of a municipality |
3 | | having a population of more than 2 million ; a representative of |
4 | | local government;
and a representative of a national service |
5 | | program. A representative of the
federal Corporation for |
6 | | National Service shall be appointed as a nonvoting
member.
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7 | | Appointing authorities shall ensure, to the maximum extent |
8 | | practicable, that
the Commission is diverse with respect to |
9 | | race, ethnicity, age, gender,
geography, and disability. Not |
10 | | more than 50% of the Commission appointed by
the Governor may |
11 | | be from the same political party.
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12 | | Subsequent voting members of the Commission shall serve |
13 | | 3-year terms.
Commissioners must be allowed to serve until new |
14 | | commissioners are appointed
in order to maintain the federally |
15 | | required number of commissioners.
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16 | | Each nonvoting member shall serve at the pleasure of the |
17 | | Governor.
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18 | | Members of the Commission may not serve more than 3 |
19 | | consecutive
terms.
Vacancies shall be filled in the same manner |
20 | | as the original appointments and
any member so appointed shall |
21 | | serve during the remainder of the term for which
the vacancy |
22 | | occurred. The
members shall not receive any compensation but |
23 | | shall
be reimbursed for necessary expenses incurred in the |
24 | | performance of their
duties.
|
25 | | (Source: P.A. 91-798, eff. 7-9-00.)
|
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|
1 | | (20 ILCS 710/6.1)
|
2 | | Sec. 6.1. Functions of Commission. The Commission shall |
3 | | meet at least
quarterly and shall advise and consult with the |
4 | | Department of Public Health and the Governor's Office Human
|
5 | | Services and the
Director on all matters relating to community |
6 | | service in Illinois. In
addition, the Commission shall have the |
7 | | following duties:
|
8 | | (a) prepare a 3-year State national and community
service |
9 | | plan, developed through an open,
public process and updated |
10 | | annually;
|
11 | | (b) prepare the financial assistance applications of the |
12 | | State under
the National and Community Service Trust Fund Act |
13 | | of 1993 , as amended by the Serve America Act ;
|
14 | | (c) assist in the preparation of the application by the |
15 | | State Board of
Education for assistance under that Act;
|
16 | | (d) prepare the State's application under that Act for the |
17 | | approval of
national service positions;
|
18 | | (e) assist in the provision of health care and child care |
19 | | benefits under
that Act;
|
20 | | (f) develop a State recruitment, placement, and |
21 | | information dissemination
system for participants in programs |
22 | | that receive assistance under the national
service laws;
|
23 | | (g) administer the State's grant program including |
24 | | selection, oversight, and
evaluation of grant recipients;
|
25 | | (h) make technical assistance available to enable |
26 | | applicants to plan and
implement service programs and to apply |
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|
1 | | for assistance under the national
service laws;
|
2 | | (i) develop projects, training methods, curriculum |
3 | | materials, and other
activities related to service;
|
4 | | (j) coordinate its functions with any division of the |
5 | | federal
Corporation for National and Community Service |
6 | | outlined in the
National and Community Service Trust Fund Act |
7 | | of 1993 , as amended by the Serve America Act .
|
8 | | (k) publicize Commission services and promote community
|
9 | | involvement in the
activities of the Commission;
|
10 | | (l) promote increased visibility and support for |
11 | | volunteers of all ages,
especially youth and senior citizens,
|
12 | | and community
service in meeting the needs of Illinois |
13 | | residents citizens ; and
|
14 | | (m) represent the Department of Public Health and the |
15 | | Governor's Office Human Services on such occasions and in such |
16 | | manner as
the Department may provide.
|
17 | | (Source: P.A. 91-798, eff. 7-9-00.)
|
18 | | (20 ILCS 710/7)
|
19 | | Sec. 7. Program transfer. On the effective date of this |
20 | | amendatory Act of the 98th General Assembly this amendatory Act |
21 | | of the 91st General
Assembly , the
authority, powers, and duties |
22 | | in this Act of the Department of Human Services Commerce and
|
23 | | Community Affairs (now Department of Commerce and Economic |
24 | | Opportunity) are
transferred to the Department of Public Health |
25 | | Human Services .
|
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1 | | (Source: P.A. 94-793, eff. 5-19-06.)
|
2 | | Section 25. The Energy Conservation and Coal Development |
3 | | Act is amended by changing Section 3 as follows:
|
4 | | (20 ILCS 1105/3) (from Ch. 96 1/2, par. 7403)
|
5 | | Sec. 3. Powers and Duties.
|
6 | | (a) In addition to its other powers, the Department has the |
7 | | following
powers:
|
8 | | (1) To administer for the State any energy programs and |
9 | | activities
under federal law, regulations or guidelines, |
10 | | and to coordinate such
programs and activities with other |
11 | | State agencies, units of local
government, and educational |
12 | | institutions.
|
13 | | (2) To represent the State in energy matters involving |
14 | | the federal
government, other states, units of local |
15 | | government, and regional
agencies.
|
16 | | (3) To prepare energy contingency plans for |
17 | | consideration by the
Governor and the General Assembly. |
18 | | Such plans shall include procedures
for determining when a |
19 | | foreseeable danger exists of energy shortages,
including |
20 | | shortages of petroleum, coal, nuclear power, natural gas, |
21 | | and
other forms of energy, and shall specify the actions to |
22 | | be taken to
minimize hardship and maintain the general |
23 | | welfare during such energy
shortages.
|
24 | | (4) To cooperate with State colleges and universities |
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|
1 | | and their
governing boards in energy programs and |
2 | | activities.
|
3 | | (5) (Blank).
|
4 | | (6) To accept, receive, expend, and administer, |
5 | | including by
contracts and grants to other State agencies, |
6 | | any energy-related gifts,
grants, cooperative agreement |
7 | | funds, and other funds made available to
the Department by |
8 | | the federal government and other public and private
|
9 | | sources.
|
10 | | (7) To investigate practical problems, seek and |
11 | | utilize financial
assistance, implement studies and |
12 | | conduct research relating to the
production, distribution |
13 | | and use of alcohol fuels.
|
14 | | (8) To serve as a clearinghouse for information on |
15 | | alcohol production
technology; provide assistance, |
16 | | information and data relating to the production
and use of |
17 | | alcohol; develop informational packets and brochures, and |
18 | | hold
public seminars to encourage the development and |
19 | | utilization of the best
available technology.
|
20 | | (9) To coordinate with other State agencies in order to |
21 | | promote the
maximum flow of information and to avoid |
22 | | unnecessary overlapping of alcohol
fuel programs. In order |
23 | | to effectuate this goal, the Director of the
Department or |
24 | | his representative shall consult with the Directors, or |
25 | | their
representatives, of the Departments of Agriculture, |
26 | | Central Management
Services, Transportation, and Revenue, |
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1 | | the
Office of the State Fire Marshal, and the Environmental |
2 | | Protection Agency.
|
3 | | (10) To operate, within the Department, an Office of |
4 | | Coal Development
and Marketing for the promotion and |
5 | | marketing of Illinois coal both
domestically and |
6 | | internationally. The Department may use monies |
7 | | appropriated
for this purpose for necessary administrative |
8 | | expenses.
|
9 | | The
Office of Coal Development and Marketing shall |
10 | | develop and implement an
initiative to assist the coal |
11 | | industry in Illinois to increase its share of the
|
12 | | international coal market.
|
13 | | (11) To assist the Department of Central Management |
14 | | Services in
establishing and maintaining a system to |
15 | | analyze and report energy
consumption of facilities leased |
16 | | by the Department of Central Management
Services.
|
17 | | (12) To consult with the Departments of Natural |
18 | | Resources and
Transportation and the Illinois |
19 | | Environmental
Protection Agency for the purpose of |
20 | | developing methods and standards that
encourage the |
21 | | utilization of coal combustion by-products as value added
|
22 | | products in productive and benign applications.
|
23 | | (13) To provide technical assistance and information |
24 | | to
sellers and distributors of storage hot water heaters |
25 | | doing business in
Illinois, pursuant to Section 1 of the |
26 | | Hot Water Heater Efficiency Act.
|
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|
1 | | (b) (Blank).
|
2 | | (c) (Blank).
|
3 | | (d) The Department shall develop a package of educational |
4 | | materials
containing information regarding the necessity of |
5 | | waste reduction and recycling to reduce
dependence on landfills |
6 | | and to maintain environmental quality. The
Department shall |
7 | | make this information available to the public on its website |
8 | | and for schools to access for their development of materials . |
9 | | Those materials developed shall be suitable for instructional |
10 | | use in grades 3, 4
and 5. The Department shall distribute such |
11 | | instructional material to all
public elementary and unit school |
12 | | districts no later than November 1, of
each year.
|
13 | | (e) (Blank).
|
14 | | (f) (Blank).
|
15 | | (g) (Blank).
|
16 | | (h) (Blank).
|
17 | | (i) (Blank).
|
18 | | (Source: P.A. 98-44, eff. 6-28-13.)
|
19 | | (20 ILCS 2310/2310-373 rep.)
|
20 | | (20 ILCS 2310/2310-396 rep.)
|
21 | | Section 30. The Department of Public Health Powers and |
22 | | Duties Law of the
Civil Administrative Code of Illinois is |
23 | | amended by repealing Sections 2310-373 and 2310-396. |
24 | | Section 35. The Governor's Office of Management and Budget |
|
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|
1 | | Act is amended by changing Section 7.3 as follows: |
2 | | (20 ILCS 3005/7.3) |
3 | | Sec. 7.3. Annual economic and fiscal policy report. No |
4 | | later than the 3rd business day in By January 1 of each year, |
5 | | the Governor's Office of Management and Budget shall submit an |
6 | | economic and fiscal policy report to the General Assembly. The |
7 | | report must outline the long-term economic and fiscal policy |
8 | | objectives of the State, the economic and fiscal policy |
9 | | intentions for the upcoming fiscal year, and the economic and |
10 | | fiscal policy intentions for the following 2 fiscal years. The |
11 | | report must highlight the total level of revenue, expenditure, |
12 | | deficit or surplus, and debt with respect to each of the |
13 | | reporting categories. The report must be posted on the Office's |
14 | | Internet website and allow members of the public to post |
15 | | comments concerning the report.
|
16 | | (Source: P.A. 96-1354, eff. 7-28-10.) |
17 | | Section 40. The Capital Spending Accountability Law is |
18 | | amended by changing Section 805 as follows: |
19 | | (20 ILCS 3020/805)
|
20 | | Sec. 805. Reports on capital spending. On the first day of |
21 | | each quarterly period in each fiscal year, the Governor's |
22 | | Office of Management and Budget shall provide to the |
23 | | Comptroller, the Treasurer, the President and the Minority |
|
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1 | | Leader of the Senate, and the Speaker and the Minority Leader |
2 | | of the House of Representatives a report on the status of all |
3 | | capital projects in the State. The report may must be provided |
4 | | in both written and electronic format. The report must include |
5 | | all of the following: |
6 | | (1) A brief description or stated purpose of each |
7 | | capital project where applicable (as referred to in this |
8 | | Section, "project"). |
9 | | (2) The amount and source of funds (whether from bond |
10 | | funds or other revenues) appropriated for each project, |
11 | | organized into categories including roads, mass transit, |
12 | | schools, environment, civic centers and other categories |
13 | | as applicable (as referred to in this Section, "category or |
14 | | categories"), with subtotals for each category. |
15 | | (3) The date the appropriation bill relating to each |
16 | | project was signed by the Governor, organized into |
17 | | categories. |
18 | | (4) The date the written release of the Governor for |
19 | | each project was submitted to the Comptroller or is |
20 | | projected to be submitted and, if a release for any project |
21 | | has not been submitted within 6 months after its |
22 | | appropriation became law, an explanation why the project |
23 | | has not yet been released, all organized into categories. |
24 | | (5) The amount of expenditures to date by the State |
25 | | relating to each project and estimated amount of total |
26 | | State expenditures and proposed schedule of future State |
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1 | | expenditures relating to each project, all organized into |
2 | | categories. |
3 | | (6) A timeline for completion of each project, |
4 | | including the dates, if applicable, of execution by the |
5 | | State of any grant agreement, any required engineering or |
6 | | design work or environmental approvals, and the estimated |
7 | | or actual dates of the start and completion of |
8 | | construction, all organized into categories. Any |
9 | | substantial variances on any project from this reported |
10 | | timeline must be explained in the next quarterly report. |
11 | | (7) A summary report of the status of all projects, |
12 | | including the amount of undisbursed funds intended to be |
13 | | held or used in the next quarter.
|
14 | | (Source: P.A. 96-34, eff. 7-13-09.) |
15 | | Section 45. The General Assembly Operations Act is amended |
16 | | by changing Section 2 as follows:
|
17 | | (25 ILCS 10/2) (from Ch. 63, par. 23.2)
|
18 | | Sec. 2.
The Speaker of the House and the President of the |
19 | | Senate, and the
Chairman and members of the Senate Committee on |
20 | | Committees shall be
considered as holding continuing offices |
21 | | until their respective successors
are elected and qualified.
|
22 | | In the event of death or resignation of the Speaker of the |
23 | | House or of
the President of the Senate after the sine die |
24 | | adjournment of the session
of the General Assembly at which he |
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|
1 | | was elected, the powers held by him
shall pass respectively to |
2 | | the Majority Leader of the House of
Representatives or to the |
3 | | Assistant Majority Leader of the Senate who, for
the purposes |
4 | | of such powers shall be considered as holding continuing
|
5 | | offices until his respective successors are elected and |
6 | | qualified.
|
7 | | (Source: P.A. 78-10.)
|
8 | | Section 50. The General Assembly Compensation Act is |
9 | | amended by changing Section 4.1 as follows:
|
10 | | (25 ILCS 115/4.1) (from Ch. 63, par. 15.2)
|
11 | | Sec. 4.1.
Payment techniques and procedures shall be |
12 | | according
to rules made by the Senate Committee on Assignment |
13 | | of Bills Operations Commission or the Rules Committee of the |
14 | | House,
as the case may be.
|
15 | | (Source: P.A. 79-806; 79-1023; 79-1454.)
|
16 | | Section 55. The Legislative Commission Reorganization Act |
17 | | of 1984 is amended by changing Sections 1-5 and 8A-15 as |
18 | | follows: |
19 | | (25 ILCS 130/1-5) (from Ch. 63, par. 1001-5) |
20 | | Sec. 1-5. Composition of agencies; directors.
|
21 | | (a) (1) Each legislative support services agency listed
in |
22 | | Section 1-3 is hereafter in this Section referred to as the |
|
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1 | | Agency.
|
2 | | (2) (Blank).
|
3 | | (2.1) (Blank). |
4 | | (2.5) The Board of the Office of the Architect of the |
5 | | Capitol shall
consist of
the
Secretary and Assistant Secretary |
6 | | of the Senate and the Clerk and Assistant
Clerk of the House of |
7 | | Representatives.
When the Board has cast a tied vote concerning |
8 | | the design, implementation, or construction of a project within |
9 | | the legislative complex, as defined in Section 8A-15, the |
10 | | Architect of the Capitol may cast the tie-breaking vote. |
11 | | The Boards of the Joint Committee on Administrative Rules, |
12 | | the Commission on Government Forecasting and Accountability, |
13 | | the Legislative Audit Committee, and the Legislative Research |
14 | | Unit (3) The other legislative support services agencies shall |
15 | | each
consist of 12 members of the General Assembly, of whom 3 |
16 | | shall be appointed by
the President of the Senate, 3 shall be |
17 | | appointed by the Minority Leader of the
Senate, 3 shall be |
18 | | appointed by the Speaker of the House of Representatives,
and 3 |
19 | | shall be appointed by the Minority Leader of the House of
|
20 | | Representatives. All appointments shall be in writing and filed |
21 | | with the
Secretary of State as a public record.
|
22 | | Members shall serve a 2-year term, and must be appointed by
|
23 | | the Joint
Committee during the month of January in each |
24 | | odd-numbered year for terms
beginning February 1. Any vacancy |
25 | | in an Agency shall be filled by appointment
for the balance of |
26 | | the term in the same manner as the original appointment. A
|
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1 | | vacancy shall exist when a member no longer holds the elected |
2 | | legislative
office held at the time of the appointment or at |
3 | | the termination of the
member's legislative service.
|
4 | | During the month of February of each odd-numbered year, the |
5 | | Joint Committee on Legislative Support Services shall select |
6 | | from the members of the Board of each Agency 2 co-chairpersons |
7 | | and such other officers as the Joint Committee deems necessary. |
8 | | The co-chairpersons of each Board shall serve for a 2-year |
9 | | term, beginning February 1 of the odd-numbered year, and the 2 |
10 | | co-chairpersons shall not be members of or identified with the |
11 | | same house or the same political party. |
12 | | Each Board shall meet twice annually or more often upon the |
13 | | call of the chair or any 9 members. A quorum of the Board shall |
14 | | consist of a majority of the appointed members. |
15 | | (b) The Board of each of the following legislative support |
16 | | agencies shall consist of the Secretary and Assistant Secretary |
17 | | of the Senate and the Clerk and Assistant Clerk of the House of |
18 | | Representatives: the Legislative Information System, the |
19 | | Legislative Printing Unit, the Legislative Reference Bureau, |
20 | | and the Office of the Architect of the Capitol. The |
21 | | co-chairpersons of the Board of the Office of the Architect of |
22 | | the Capitol shall be the Secretary of the Senate and the Clerk |
23 | | of the House of Representatives, each ex officio (Blank) .
|
24 | | The Chairperson of each of the other Boards shall be the |
25 | | member who is affiliated with the same caucus as the then |
26 | | serving Chairperson of the Joint Committee on Legislative |
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1 | | Support Services. Each Board shall meet twice annually or more |
2 | | often upon the call of the chair or any 3 members. A quorum of |
3 | | the Board shall consist of a majority of the appointed members. |
4 | | When the Board of the Office of the Architect of the |
5 | | Capitol has cast a tied vote concerning the design, |
6 | | implementation, or construction of a project within the |
7 | | legislative complex, as defined in Section 8A-15, the Architect |
8 | | of the Capitol may cast the tie-breaking vote. |
9 | | (c) (Blank). During the month
of February of each |
10 | | odd-numbered year, the Joint Committee on
Legislative
Support |
11 | | Services shall select from the members of each agency, other |
12 | | than the
Office of the Architect of the Capitol, 2 co-chairmen |
13 | | and such
other officers as the Joint Committee deems necessary.
|
14 | | The
co-chairmen of each Agency shall serve for a 2-year term,
|
15 | | beginning February
1 of the odd-numbered year, and the 2 |
16 | | co-chairmen shall not be members of or
identified with the same |
17 | | house or the same political party. The co-chairmen
of the Board |
18 | | of the Office of the Architect of the Capitol shall be the
|
19 | | Secretary of the Senate and the Clerk of the House of |
20 | | Representatives, each ex
officio.
|
21 | | Each Agency shall meet twice annually or more often upon |
22 | | the call of the
chair or any 9 members (or any 3 members in the |
23 | | case of the Office of the
Architect of the Capitol). A quorum |
24 | | of the Agency shall consist of a
majority of
the appointed |
25 | | members.
|
26 | | (d) Members of each Agency shall serve without |
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|
1 | | compensation, but shall be
reimbursed for expenses incurred in |
2 | | carrying out the duties of the Agency
pursuant to rules and |
3 | | regulations adopted by the Joint Committee on
Legislative |
4 | | Support Services.
|
5 | | (e) Beginning February 1, 1985, and every 2 years |
6 | | thereafter,
the Joint
Committee shall select an Executive |
7 | | Director who shall be the chief
executive officer and staff |
8 | | director of each Agency. The Executive Director
shall receive a |
9 | | salary as fixed by the Joint Committee and shall be authorized
|
10 | | to employ and fix the compensation of necessary professional, |
11 | | technical
and secretarial staff and prescribe their duties, |
12 | | sign contracts, and issue
vouchers for the payment of |
13 | | obligations pursuant to rules and regulations
adopted by the |
14 | | Joint Committee on Legislative Support Services. The
Executive |
15 | | Director and other employees of the Agency shall not be subject
|
16 | | to the Personnel Code.
|
17 | | The executive director of the Office of the Architect of |
18 | | the Capitol shall
be known as the Architect of the Capitol.
|
19 | | (Source: P.A. 96-959, eff. 7-1-10.) |
20 | | (25 ILCS 130/8A-15)
|
21 | | Sec. 8A-15. Master plan. |
22 | | (a) The term "legislative complex" means (i) the buildings |
23 | | and facilities
located in Springfield, Illinois, and occupied |
24 | | in whole or in part by the
General Assembly or any of its |
25 | | support service agencies, (ii) the grounds,
walkways, and |
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|
1 | | tunnels surrounding or connected to those buildings and
|
2 | | facilities, and (iii) the off-street parking areas serving |
3 | | those buildings and
facilities.
|
4 | | (b) The Architect of the Capitol shall prepare and |
5 | | implement a long-range
master plan of development for the State |
6 | | Capitol Building , and the remaining
portions of the legislative |
7 | | complex , and the land and State buildings and facilities within |
8 | | the area bounded by Washington, Third, Cook, and Pasfield |
9 | | Streets that addresses the
improvement, construction, historic |
10 | | preservation, restoration, maintenance,
repair, and |
11 | | landscaping needs of these State buildings and facilities and |
12 | | the land the State Capitol Building and the remaining
portions |
13 | | of the
legislative complex . The Architect of the
Capitol shall |
14 | | submit the master plan to the Capitol Historic Preservation |
15 | | Board
for its review and comment. The Board must confine its |
16 | | review and comment to
those portions of the master plan that |
17 | | relate to areas of the legislative
complex other than the State |
18 | | Capitol Building. The Architect may incorporate
suggestions of |
19 | | the
Board into the master plan. The master plan must be |
20 | | submitted to and approved
by the Board of the Office of the |
21 | | Architect of the Capitol before its
implementation.
|
22 | | The Architect of the Capitol may change the master plan and |
23 | | shall submit
changes in the master plan that relate to areas of |
24 | | the legislative complex
other than the State Capitol Building |
25 | | to the Capitol Historic Preservation
Board for its
review and |
26 | | comment. All changes in the master plan must be submitted to |
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1 | | and
approved by the Board of the Office of the Architect of the |
2 | | Capitol
before implementation.
|
3 | | (c) The Architect of the Capitol must review the master |
4 | | plan every 5 years
or at the direction of the Board of the |
5 | | Office of the Architect of the Capitol.
Changes in the master |
6 | | plan resulting from this review must be made in
accordance with |
7 | | the procedure provided in subsection (b).
|
8 | | (d) Notwithstanding any other law to the contrary, the |
9 | | Architect of the
Capitol has the sole authority to contract for |
10 | | all
materials and services necessary for the implementation of |
11 | | the master plan.
The
Architect (i) may comply with the |
12 | | procedures established by the Joint Committee
on Legislative |
13 | | Support Services under Section 1-4 or (ii) upon approval of the
|
14 | | Board of the Office of the Architect of the Capitol, may, but |
15 | | is not required
to,
comply with a portion or all of the |
16 | | Illinois Procurement Code when entering
into contracts under |
17 | | this subsection. The Architect's compliance with the
Illinois |
18 | | Procurement Code shall not be construed to subject the |
19 | | Architect or
any other entity of the legislative branch to the |
20 | | Illinois Procurement Code
with respect to any other contract.
|
21 | | The Architect may enter into agreements with other State |
22 | | agencies for the
provision of materials or performance of |
23 | | services necessary for the
implementation of the master plan.
|
24 | | State officers and agencies providing normal, day-to-day |
25 | | repair,
maintenance, or
landscaping or providing security, |
26 | | commissary, utility, parking, banking, tour
guide, event |
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| | SB3443 Enrolled | - 34 - | LRB098 15945 HLH 55564 b |
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1 | | scheduling, or other operational services for buildings and
|
2 | | facilities within the legislative complex
immediately prior
to |
3 | | the effective date of this amendatory Act of the 93rd General |
4 | | Assembly shall
continue
to provide that normal, day-to-day |
5 | | repair, maintenance, or landscaping or those
services on the
|
6 | | same
basis, whether by contract or employees, that the repair, |
7 | | maintenance,
landscaping, or services were
provided |
8 | | immediately prior to the effective date of this amendatory Act |
9 | | of the
93rd
General Assembly, subject to the provisions of the |
10 | | master plan and as otherwise
directed by the Architect of the |
11 | | Capitol.
|
12 | | (e) The Architect of the Capitol shall monitor |
13 | | construction, preservation,
restoration, maintenance, repair, |
14 | | and landscaping work in the legislative
complex and |
15 | | implementation of the master plan, as well as all other |
16 | | activities that alter the historic integrity of the
legislative |
17 | | complex and the other land and State buildings and facilities |
18 | | in the master plan .
|
19 | | (Source: P.A. 93-632, eff. 2-1-04.)
|
20 | | (30 ILCS 105/5.250 rep.)
|
21 | | Section 60. The State Finance Act is amended by repealing |
22 | | Section 5.250. |
23 | | Section 65. The Adult Education Reporting Act is amended by |
24 | | changing Section 1 as follows:
|
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1 | | (105 ILCS 410/1) (from Ch. 122, par. 1851)
|
2 | | Sec. 1. As used in this Act, "agency" means: the |
3 | | Departments of
Corrections, Public Aid, Commerce and Economic |
4 | | Opportunity, Human Services, and
Public Health; the Secretary |
5 | | of State;
the Illinois Community College Board; and the |
6 | | Administrative Office of the
Illinois Courts.
On and after July |
7 | | 1, 2001, "agency" includes the State Board of
Education and |
8 | | does not include the Illinois Community College Board.
|
9 | | (Source: P.A. 94-793, eff. 5-19-06.)
|
10 | | Section 70. The Public Community College Act is amended by |
11 | | changing Section 2-10 as follows:
|
12 | | (110 ILCS 805/2-10) (from Ch. 122, par. 102-10)
|
13 | | Sec. 2-10.
The State Board shall make a thorough, |
14 | | comprehensive and continuous
study of the status of community |
15 | | college education, its problems, needs for
improvement, and |
16 | | projected developments and shall make a detailed report
thereof |
17 | | to the General Assembly not later than March 1 of each |
18 | | odd-numbered
year and shall submit recommendations for such |
19 | | legislation as it deems
necessary.
|
20 | | The requirement for reporting to the General Assembly shall |
21 | | be satisfied
by electronically filing copies of the report with |
22 | | the Speaker, the Minority Leader and
the Clerk of the House of |
23 | | Representatives and the President, the Minority
Leader and the |
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1 | | Secretary of the Senate and the Legislative Research
Unit, as |
2 | | required
by Section 3.1 of "An Act to revise the law in |
3 | | relation to the General Assembly",
approved February 25, 1874, |
4 | | as amended, and electronically filing such additional copies
|
5 | | with the State Government Report Distribution Center for the |
6 | | General Assembly
as is required under paragraph (t) of Section |
7 | | 7 of the State Library
Act. A copy of the report shall also be |
8 | | posted on the State Board's website.
|
9 | | (Source: P.A. 84-1438.)
|
10 | | (215 ILCS 5/178 rep.) |
11 | | Section 75. The Illinois Insurance Code is amended by |
12 | | repealing Section 178. |
13 | | (215 ILCS 5/Art. XVI rep.) |
14 | | (215 ILCS 5/Art. XIXB rep.) |
15 | | Section 80. The Illinois Insurance Code is amended by |
16 | | repealing Articles XVI and XIXB. |
17 | | (225 ILCS 120/24 rep.) |
18 | | Section 85. The Wholesale Drug Distribution Licensing Act |
19 | | is amended by repealing Section 24. |
20 | | Section 90. The Solid Waste Site Operator Certification Law |
21 | | is amended by changing Section 1011 as follows:
|
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1 | | (225 ILCS 230/1011) (from Ch. 111, par. 7861)
|
2 | | Sec. 1011. Fees.
|
3 | | (a) Fees for the issuance or renewal of a Solid
Waste Site |
4 | | Operator Certificate shall be as follows:
|
5 | | (1)(A) $400 for issuance or renewal for Class A Solid |
6 | | Waste Site
Operators; (B) $200 for issuance or renewal for |
7 | | Class B Solid Waste Site
Operators; and (C) $100 for |
8 | | issuance or renewal for special waste endorsements.
|
9 | | (2) If the fee for renewal is not paid within the grace |
10 | | period the
above fees for renewal shall each be increased |
11 | | by $50.
|
12 | | (b) Before the effective date of this amendatory Act of the |
13 | | 98th General Assembly, all All fees collected by the Agency |
14 | | under this Section shall be
deposited into the Hazardous Waste |
15 | | Occupational Licensing Fund. The Agency
is authorized to use |
16 | | monies in the Hazardous Waste Occupational Licensing Fund to |
17 | | perform its functions, powers,
and duties under this Section.
|
18 | | On and after the effective date of this amendatory Act of |
19 | | the 98th General Assembly, all fees collected by the Agency |
20 | | under this Section shall be deposited into the Environmental |
21 | | Protection Permit and Inspection Fund to be used in accordance |
22 | | with the provisions of Section 22.8 of the Environmental |
23 | | Protection Act. |
24 | | (Source: P.A. 86-1363.)
|
25 | | Section 95. The Illinois Athlete Agents Act is amended by |
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1 | | changing Section 180 as follows: |
2 | | (225 ILCS 401/180)
|
3 | | Sec. 180. Civil penalties.
|
4 | | (a) In addition to any other penalty provided by law, any |
5 | | person who violates this Act shall forfeit and pay a civil |
6 | | penalty to the Department in an amount not to exceed $10,000 |
7 | | for each violation as determined by the Department. The civil |
8 | | penalty shall be assessed by the Department in accordance with |
9 | | the provisions of this Act.
|
10 | | (b) The Department has the authority and power to |
11 | | investigate any and all unlicensed activity.
|
12 | | (c) The civil penalty shall be paid within 60 days after |
13 | | the effective date of the order imposing the civil penalty. The |
14 | | order shall constitute a judgment and may be filed and |
15 | | execution had thereon in the same manner as any judgment from |
16 | | any court of record.
|
17 | | (d) All moneys collected under this Section shall be |
18 | | deposited into the General Professions Dedicated Fund.
|
19 | | (Source: P.A. 96-1030, eff. 1-1-11.) |
20 | | Section 100. The Illinois Horse Racing Act of 1975 is |
21 | | amended by changing Section 30 as follows:
|
22 | | (230 ILCS 5/30) (from Ch. 8, par. 37-30)
|
23 | | Sec. 30.
(a) The General Assembly declares that it is the |
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1 | | policy of
this State to encourage the breeding of thoroughbred |
2 | | horses in this
State and the ownership of such horses by |
3 | | residents of this State in
order to provide for: sufficient |
4 | | numbers of high quality thoroughbred
horses to participate in |
5 | | thoroughbred racing meetings in this State,
and to establish |
6 | | and preserve the agricultural and commercial benefits
of such |
7 | | breeding and racing industries to the State of Illinois. It is
|
8 | | the intent of the General Assembly to further this policy by |
9 | | the
provisions of this Act.
|
10 | | (b) Each organization licensee conducting a thoroughbred
|
11 | | racing meeting
pursuant to this Act shall provide at least two |
12 | | races each day limited
to Illinois conceived and foaled horses |
13 | | or Illinois foaled horses or
both. A minimum of 6 races shall |
14 | | be conducted each week limited to
Illinois conceived and foaled |
15 | | or Illinois foaled horses or both. No
horses shall be permitted |
16 | | to start in such races unless duly registered
under the rules |
17 | | of the Department of Agriculture.
|
18 | | (c) Conditions of races under subsection (b) shall be
|
19 | | commensurate
with past performance, quality, and class of |
20 | | Illinois conceived and foaled
and Illinois foaled horses
|
21 | | available. If, however, sufficient competition cannot be had |
22 | | among
horses of that class on any day, the races may, with |
23 | | consent of the
Board, be eliminated for that day and substitute |
24 | | races provided.
|
25 | | (d) There is hereby created a special fund of the State |
26 | | Treasury to
be known as the Illinois Thoroughbred Breeders |
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1 | | Fund.
|
2 | | Except as provided in subsection (g) of Section 27 of this |
3 | | Act, 8.5% of all
the monies received by the State as
privilege |
4 | | taxes on Thoroughbred racing meetings shall be paid into the |
5 | | Illinois
Thoroughbred Breeders Fund.
|
6 | | (e) The Illinois Thoroughbred Breeders Fund shall be |
7 | | administered by
the Department of Agriculture
with the advice |
8 | | and assistance of the
Advisory Board created in subsection (f) |
9 | | of this Section.
|
10 | | (f) The Illinois Thoroughbred Breeders Fund Advisory Board |
11 | | shall
consist of the Director of the Department of Agriculture, |
12 | | who shall
serve as Chairman; a member of the Illinois Racing |
13 | | Board, designated by
it; 2 representatives of the organization |
14 | | licensees
conducting thoroughbred
racing meetings, recommended |
15 | | by them; 2 representatives of the Illinois
Thoroughbred |
16 | | Breeders and Owners Foundation, recommended by it; and 2
|
17 | | representatives of the Horsemen's Benevolent Protective |
18 | | Association or any
successor organization established in |
19 | | Illinois comprised of the largest number
of owners and |
20 | | trainers,
recommended
by it, with one representative of the |
21 | | Horsemen's Benevolent and Protective
Association to come from |
22 | | its Illinois Division, and one from its Chicago
Division. |
23 | | Advisory Board members shall serve for 2 years commencing |
24 | | January 1
of
each odd numbered year. If representatives of the |
25 | | organization licensees
conducting thoroughbred racing |
26 | | meetings, the Illinois Thoroughbred Breeders and
Owners |
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1 | | Foundation, and the Horsemen's Benevolent Protection |
2 | | Association have
not been recommended by January 1, of each odd |
3 | | numbered year, the Director of
the Department of Agriculture |
4 | | shall make an appointment for the organization
failing to so |
5 | | recommend a member of the Advisory Board. Advisory Board |
6 | | members
shall receive no compensation for their services as |
7 | | members but shall be
reimbursed for all actual and necessary |
8 | | expenses and disbursements incurred in
the execution of their |
9 | | official duties.
|
10 | | (g) No monies shall be expended from the Illinois |
11 | | Thoroughbred
Breeders Fund except as appropriated by the |
12 | | General Assembly. Monies
appropriated from the Illinois |
13 | | Thoroughbred Breeders Fund shall be
expended by the Department |
14 | | of Agriculture,
with the advice and
assistance of the Illinois |
15 | | Thoroughbred Breeders Fund Advisory Board,
for the following |
16 | | purposes only:
|
17 | | (1) To provide purse supplements to owners of horses |
18 | | participating
in races limited to Illinois conceived and |
19 | | foaled and Illinois foaled
horses. Any such purse |
20 | | supplements shall not be included in and shall
be paid in |
21 | | addition to any purses, stakes, or breeders' awards offered
|
22 | | by each organization licensee as determined by agreement |
23 | | between such
organization licensee and an organization |
24 | | representing the horsemen. No
monies from the Illinois |
25 | | Thoroughbred Breeders Fund shall be used to provide
purse |
26 | | supplements for claiming races in which the minimum |
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1 | | claiming price is
less than $7,500.
|
2 | | (2) To provide stakes and awards to be paid to the |
3 | | owners of the
winning horses in certain races limited to |
4 | | Illinois conceived and foaled
and Illinois foaled horses |
5 | | designated as stakes races.
|
6 | | (2.5) To provide an award to the owner or owners of an |
7 | | Illinois
conceived and foaled or Illinois foaled horse that |
8 | | wins a
maiden special weight, an allowance, overnight |
9 | | handicap race, or
claiming race with claiming price of |
10 | | $10,000 or more providing the race
is not restricted
to |
11 | | Illinois conceived and foaled or Illinois foaled horses.
|
12 | | Awards shall
also be provided to the owner or owners of |
13 | | Illinois conceived and foaled and
Illinois foaled horses |
14 | | that place second or third in those races. To the
extent
|
15 | | that additional moneys are required to pay the minimum |
16 | | additional awards of 40%
of the purse the horse earns for |
17 | | placing first, second or third in those races
for Illinois |
18 | | foaled horses and of 60% of the purse the horse earns for |
19 | | placing
first, second or third in those races for Illinois
|
20 | | conceived and foaled horses, those moneys shall be provided |
21 | | from the purse
account at the track where earned.
|
22 | | (3) To provide stallion awards to the owner or owners |
23 | | of any
stallion that is duly registered with the Illinois |
24 | | Thoroughbred Breeders
Fund Program prior to the effective |
25 | | date of this amendatory Act of 1995 whose
duly registered |
26 | | Illinois conceived and foaled offspring wins a race |
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1 | | conducted
at an Illinois
thoroughbred racing meeting other |
2 | | than a claiming race. Such
award
shall not be paid to the |
3 | | owner or owners of an Illinois stallion that served
outside |
4 | | this State at any time during the calendar year in which |
5 | | such race was
conducted.
|
6 | | (4) To provide $75,000 annually for purses to be
|
7 | | distributed to
county fairs that provide for the running of |
8 | | races during each county
fair exclusively for the |
9 | | thoroughbreds conceived and foaled in
Illinois. The |
10 | | conditions of the races shall be developed by the county
|
11 | | fair association and reviewed by the Department with the |
12 | | advice and
assistance of
the Illinois Thoroughbred |
13 | | Breeders Fund Advisory Board. There shall be no
wagering of |
14 | | any kind on the running
of
Illinois conceived and foaled |
15 | | races at county fairs.
|
16 | | (4.1) To provide purse money for an Illinois stallion |
17 | | stakes program.
|
18 | | (5) No less than 80% of all monies appropriated from |
19 | | the Illinois
Thoroughbred Breeders Fund shall be expended |
20 | | for the purposes in (1), (2),
(2.5), (3), (4), (4.1), and |
21 | | (5) as shown above.
|
22 | | (6) To provide for educational programs regarding the |
23 | | thoroughbred
breeding industry.
|
24 | | (7) To provide for research programs concerning the |
25 | | health,
development and care of the thoroughbred horse.
|
26 | | (8) To provide for a scholarship and training program |
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1 | | for students
of equine veterinary medicine.
|
2 | | (9) To provide for dissemination of public information |
3 | | designed to
promote the breeding of thoroughbred horses in |
4 | | Illinois.
|
5 | | (10) To provide for all expenses incurred in the |
6 | | administration of
the Illinois Thoroughbred Breeders Fund.
|
7 | | (h) Whenever the Governor finds that the amount in the |
8 | | Illinois
Thoroughbred Breeders Fund is more than the total of |
9 | | the outstanding
appropriations from such fund, the Governor |
10 | | shall notify the State
Comptroller and the State Treasurer of |
11 | | such fact. The Comptroller and
the State Treasurer, upon |
12 | | receipt of such notification, shall transfer
such excess amount |
13 | | from the Illinois Thoroughbred Breeders Fund to the
General |
14 | | Revenue Fund.
|
15 | | (i) A sum equal to 12 1/2% of the first prize money of |
16 | | every purse
won by an Illinois foaled or an Illinois conceived |
17 | | and foaled horse in
races not limited to Illinois foaled horses |
18 | | or Illinois conceived and
foaled horses, or both, shall be paid |
19 | | by the organization licensee
conducting the horse race meeting. |
20 | | Such sum shall be paid from the organization
licensee's share |
21 | | of the money wagered as follows: 11 1/2% to the breeder of
the |
22 | | winning horse and 1% to the organization representing |
23 | | thoroughbred breeders
and owners whose representative serves |
24 | | on the Illinois Thoroughbred Breeders
Fund Advisory Board for |
25 | | verifying the amounts of breeders' awards earned,
assuring |
26 | | their distribution in accordance with this Act, and servicing |
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1 | | and
promoting the Illinois thoroughbred horse racing industry. |
2 | | The
organization representing thoroughbred breeders and owners |
3 | | shall cause all
expenditures of monies received under this |
4 | | subsection (i) to be audited
at least annually by a registered |
5 | | public accountant. The organization
shall file copies of each |
6 | | annual audit with the Racing Board, the Clerk of
the House of |
7 | | Representatives and the Secretary of the Senate, and shall
make |
8 | | copies of each annual audit available to the public upon |
9 | | request
and upon payment of the reasonable cost of photocopying |
10 | | the requested
number of copies. Such payments shall not reduce |
11 | | any award to the owner of the
horse or reduce the taxes payable |
12 | | under this Act. Upon completion of its
racing meet, each |
13 | | organization licensee shall deliver to the organization
|
14 | | representing thoroughbred breeders and owners whose |
15 | | representative serves on
the Illinois Thoroughbred Breeders |
16 | | Fund Advisory Board a listing of all the
Illinois foaled and |
17 | | the Illinois conceived and foaled horses which won
breeders' |
18 | | awards and the amount of such breeders' awards under this |
19 | | subsection
to verify accuracy of payments and assure proper |
20 | | distribution of breeders'
awards in accordance with the |
21 | | provisions of this Act. Such payments shall be
delivered by the |
22 | | organization licensee within 30 days of the end of each race
|
23 | | meeting.
|
24 | | (j) A sum equal to 12 1/2% of the first prize money won in |
25 | | each race
limited to Illinois foaled horses or Illinois |
26 | | conceived and foaled
horses, or both, shall be paid in the |
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1 | | following manner by the
organization licensee conducting the |
2 | | horse race meeting, from the
organization licensee's share of |
3 | | the money wagered: 11 1/2% to the breeders of
the horses in |
4 | | each such race which are the official first, second, third
and |
5 | | fourth finishers and 1% to the organization representing |
6 | | thoroughbred
breeders and owners whose representative serves |
7 | | on the Illinois Thoroughbred
Breeders Fund Advisory Board for |
8 | | verifying the amounts of breeders' awards
earned, assuring |
9 | | their proper distribution in accordance with this Act, and
|
10 | | servicing and promoting the Illinois thoroughbred horse racing |
11 | | industry. The
organization representing thoroughbred breeders |
12 | | and owners shall cause all
expenditures of monies received |
13 | | under this subsection (j) to be audited
at least annually by a |
14 | | registered public accountant. The organization
shall file |
15 | | copies of each annual audit with the Racing Board, the Clerk of
|
16 | | the House of Representatives and the Secretary of the Senate, |
17 | | and shall
make copies of each annual audit available to the |
18 | | public upon request
and upon payment of the reasonable cost of |
19 | | photocopying the requested
number of copies.
|
20 | | The 11 1/2% paid to the breeders in accordance with this |
21 | | subsection
shall be distributed as follows:
|
22 | | (1) 60% of such sum shall be paid to the breeder of the |
23 | | horse which
finishes in the official first position;
|
24 | | (2) 20% of such sum shall be paid to the breeder of the |
25 | | horse which
finishes in the official second position;
|
26 | | (3) 15% of such sum shall be paid to the breeder of the |
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1 | | horse which
finishes in the official third position; and
|
2 | | (4) 5% of such sum shall be paid to the breeder of the |
3 | | horse which
finishes in the official fourth position.
|
4 | | Such payments shall not reduce any award to the owners of a |
5 | | horse or
reduce the taxes payable under this Act. Upon |
6 | | completion of its racing meet,
each organization licensee shall |
7 | | deliver to the organization representing
thoroughbred breeders |
8 | | and owners whose representative serves on the Illinois
|
9 | | Thoroughbred Breeders Fund Advisory Board a listing of all the |
10 | | Illinois foaled
and the Illinois conceived and foaled horses |
11 | | which won breeders' awards and the
amount of such breeders' |
12 | | awards in accordance with the provisions of this Act.
Such |
13 | | payments shall be delivered by the organization licensee within |
14 | | 30 days of
the end of each race meeting.
|
15 | | (k) The term "breeder", as used herein, means the owner of |
16 | | the mare at
the time the foal is dropped. An "Illinois foaled |
17 | | horse" is a foal
dropped by a mare which enters this State on |
18 | | or before December 1, in the
year in which the horse is bred,
|
19 | | provided the mare remains continuously in this State until its |
20 | | foal is born. An
"Illinois
foaled
horse" also means a foal born |
21 | | of a mare in the same year
as the
mare enters this State on or |
22 | | before March 1,
and remains in this State at
least 30
days |
23 | | after foaling, is bred back during the season of the foaling to
|
24 | | an
Illinois Registered Stallion (unless a veterinarian |
25 | | certifies that the mare
should not be bred for health reasons), |
26 | | and is not bred to a stallion
standing in any other state |
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1 | | during the season of foaling. An "Illinois
foaled horse" also |
2 | | means a foal born in Illinois of a mare purchased at public
|
3 | | auction
subsequent to the mare entering this State prior to |
4 | | February 1 of the foaling
year providing the mare is owned |
5 | | solely by one or more Illinois residents or an
Illinois
entity |
6 | | that is entirely owned by one or more Illinois residents.
|
7 | | (l) The Department of Agriculture shall, by rule, with the |
8 | | advice
and assistance of the Illinois Thoroughbred Breeders |
9 | | Fund Advisory
Board:
|
10 | | (1) Qualify stallions for Illinois breeding; such |
11 | | stallions to stand for
service within the State of Illinois |
12 | | at the time of a foal's conception. Such
stallion must not |
13 | | stand for service at any place outside the State of |
14 | | Illinois
during the calendar year in which the foal is |
15 | | conceived.
The Department of Agriculture may assess and |
16 | | collect application fees for the
registration of |
17 | | Illinois-eligible stallions. All fees collected are to be |
18 | | paid
into the Illinois Thoroughbred Breeders Fund.
|
19 | | (2) Provide for the registration of Illinois conceived |
20 | | and foaled
horses and Illinois foaled horses. No such horse |
21 | | shall compete in
the races limited to Illinois conceived |
22 | | and foaled horses or Illinois
foaled horses or both unless |
23 | | registered with the Department of
Agriculture. The |
24 | | Department of Agriculture may prescribe such forms as
are |
25 | | necessary to determine the eligibility of such horses. The |
26 | | Department of
Agriculture may assess and collect |
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1 | | application fees for the registration of
Illinois-eligible |
2 | | foals. All fees collected are to be paid into the Illinois
|
3 | | Thoroughbred Breeders Fund. No person
shall knowingly |
4 | | prepare or cause preparation of an application for
|
5 | | registration of such foals containing false information.
|
6 | | (m) The Department of Agriculture, with the advice and |
7 | | assistance of
the Illinois Thoroughbred Breeders Fund Advisory |
8 | | Board, shall provide that certain races
limited to Illinois |
9 | | conceived and foaled and Illinois foaled horses be
stakes races |
10 | | and determine the total amount of stakes and awards to be paid
|
11 | | to the owners of the winning horses in such races.
|
12 | | In determining the stakes races and the amount of awards |
13 | | for such races,
the Department of Agriculture shall consider |
14 | | factors, including but not
limited to, the amount of money |
15 | | appropriated for the Illinois Thoroughbred
Breeders Fund |
16 | | program, organization licensees' contributions,
availability |
17 | | of stakes caliber horses as demonstrated by past performances,
|
18 | | whether the race can be coordinated into the proposed racing |
19 | | dates within
organization licensees' racing dates, opportunity |
20 | | for
colts and fillies
and various age groups to race, public |
21 | | wagering on such races, and the
previous racing schedule.
|
22 | | (n) The Board and the organizational licensee shall
notify |
23 | | the Department of the conditions and minimum purses for races
|
24 | | limited to Illinois conceived and foaled and Illinois foaled |
25 | | horses
conducted for each organizational licensee conducting a |
26 | | thoroughbred racing
meeting. The Department of Agriculture |
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1 | | with the advice and assistance of
the Illinois Thoroughbred |
2 | | Breeders Fund Advisory Board may allocate monies
for purse |
3 | | supplements for such races. In determining whether to allocate
|
4 | | money and the amount, the Department of Agriculture shall |
5 | | consider factors,
including but not limited to, the amount of |
6 | | money appropriated for the
Illinois Thoroughbred Breeders Fund |
7 | | program, the number of races that may
occur, and the |
8 | | organizational licensee's purse structure.
|
9 | | (o) (Blank). In order to improve the breeding quality of |
10 | | thoroughbred horses in the
State, the General Assembly |
11 | | recognizes that existing provisions of this Section
to |
12 | | encourage such quality breeding need to be revised and |
13 | | strengthened. As
such, a Thoroughbred Breeder's Program Task |
14 | | Force is to be appointed by the
Governor by September 1, 1999 |
15 | | to make recommendations to the General Assembly
by
no later |
16 | | than March 1, 2000.
This task force is to be composed of 2 |
17 | | representatives from the Illinois
Thoroughbred Breeders and |
18 | | Owners Foundation, 2 from the Illinois Thoroughbred
Horsemen's |
19 | | Association, 3 from Illinois race tracks operating |
20 | | thoroughbred
race meets for an average of at least 30 days in |
21 | | the past 3 years, the Director
of Agriculture, the Executive |
22 | | Director of the Racing Board, who shall serve as
Chairman.
|
23 | | (Source: P.A. 91-40, eff. 6-25-99.)
|
24 | | Section 105. The Liquor Control Act of 1934 is amended by |
25 | | changing Section 6-15 as follows:
|
|
| | SB3443 Enrolled | - 51 - | LRB098 15945 HLH 55564 b |
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|
1 | | (235 ILCS 5/6-15) (from Ch. 43, par. 130)
|
2 | | Sec. 6-15. No alcoholic liquors shall be sold or delivered |
3 | | in any
building belonging to or under the control of the State |
4 | | or any political
subdivision thereof except as provided in this |
5 | | Act. The corporate
authorities of any city, village, |
6 | | incorporated town, township, or county may provide by
|
7 | | ordinance, however, that alcoholic liquor may be sold or |
8 | | delivered in any
specifically designated building belonging to |
9 | | or under the control of the
municipality, township, or county, |
10 | | or in any building located on land under the
control of the |
11 | | municipality, township, or county; provided that such township |
12 | | or county complies with all
applicable local ordinances in any |
13 | | incorporated area of the township or county.
Alcoholic liquor |
14 | | may be delivered to and sold under the authority of a special |
15 | | use permit on any property owned by a conservation district |
16 | | organized under the Conservation District Act, provided that |
17 | | (i) the alcoholic liquor is sold only at an event authorized by |
18 | | the governing board of the conservation district, (ii) the |
19 | | issuance of the special use permit is authorized by the local |
20 | | liquor control commissioner of the territory in which the |
21 | | property is located, and (iii) the special use permit |
22 | | authorizes the sale of alcoholic liquor for one day or less. |
23 | | Alcoholic liquors may be delivered to and sold at any airport |
24 | | belonging to
or under the control of a municipality of more |
25 | | than 25,000 inhabitants, or
in any building or on any golf |
|
| | SB3443 Enrolled | - 52 - | LRB098 15945 HLH 55564 b |
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|
1 | | course owned by a park district organized under
the Park |
2 | | District
Code, subject to the approval of the governing board |
3 | | of the district, or
in any building or on any golf course owned |
4 | | by a forest preserve district
organized under the Downstate |
5 | | Forest Preserve District Act, subject to the
approval of the |
6 | | governing board of the district, or on the grounds
within 500 |
7 | | feet of any building owned by a forest preserve district
|
8 | | organized under the Downstate Forest Preserve District Act |
9 | | during
times when food is dispensed for consumption within
500 |
10 | | feet of the building from which the food is dispensed,
subject |
11 | | to the
approval of the
governing board of the district, or in a |
12 | | building owned by a Local Mass
Transit District organized under |
13 | | the Local Mass Transit District Act, subject
to the approval of |
14 | | the governing Board of the District, or in Bicentennial
Park, |
15 | | or
on the premises of the City of Mendota Lake Park
located |
16 | | adjacent to Route 51 in Mendota, Illinois, or on the premises |
17 | | of
Camden Park in Milan, Illinois, or in the community center |
18 | | owned by the
City of Loves Park that is located at 1000 River |
19 | | Park Drive in Loves Park,
Illinois, or, in connection with the |
20 | | operation of an established food
serving facility during times |
21 | | when food is dispensed for consumption on the
premises, and at |
22 | | the following aquarium and museums located in public
parks: Art |
23 | | Institute of Chicago, Chicago Academy of Sciences, Chicago
|
24 | | Historical Society, Field Museum of Natural History, Museum of |
25 | | Science and
Industry, DuSable Museum of African American |
26 | | History, John G. Shedd
Aquarium and Adler Planetarium, or at |
|
| | SB3443 Enrolled | - 53 - | LRB098 15945 HLH 55564 b |
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|
1 | | Lakeview Museum of Arts and Sciences
in Peoria, or in |
2 | | connection with the operation of the facilities of the
Chicago |
3 | | Zoological Society or the Chicago Horticultural Society on land
|
4 | | owned by the Forest Preserve District of Cook County,
or on any |
5 | | land used for a golf course or for recreational purposes
owned |
6 | | by the Forest Preserve District of Cook County, subject to the |
7 | | control
of the Forest Preserve District Board of Commissioners |
8 | | and applicable local
law, provided that dram shop liability |
9 | | insurance is provided at
maximum coverage limits so as to hold |
10 | | the
District harmless from all financial loss, damage, and |
11 | | harm,
or in any building
located on land owned by the Chicago |
12 | | Park District if approved by the Park
District Commissioners, |
13 | | or on any land used for a golf course or for
recreational |
14 | | purposes and owned by the Illinois International Port District |
15 | | if
approved by the District's governing board, or at any |
16 | | airport, golf course,
faculty center, or
facility in which |
17 | | conference and convention type activities take place
belonging |
18 | | to or under control of any State university or public community
|
19 | | college district, provided that with respect to a facility for |
20 | | conference
and convention type activities alcoholic liquors |
21 | | shall be limited to the
use of the convention or conference |
22 | | participants or participants
in cultural, political or |
23 | | educational activities held in such facilities,
and provided |
24 | | further that the faculty or staff of the State university or
a |
25 | | public community college district, or members of an |
26 | | organization of
students, alumni, faculty or staff of the State |
|
| | SB3443 Enrolled | - 54 - | LRB098 15945 HLH 55564 b |
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|
1 | | university or a public
community college district are active |
2 | | participants in the conference
or convention, or in Memorial |
3 | | Stadium on the campus of the University of
Illinois at |
4 | | Urbana-Champaign during games in which the
Chicago Bears |
5 | | professional football team is playing in that stadium during |
6 | | the
renovation of Soldier Field, not more than one and a half |
7 | | hours before the
start of the game and not after the end of the |
8 | | third quarter of the game,
or in the Pavilion Facility on the |
9 | | campus of the University of Illinois at Chicago during games in |
10 | | which the Chicago Storm professional soccer team is playing in |
11 | | that facility, not more than one and a half hours before the |
12 | | start of the game and not after the end of the third quarter of |
13 | | the game, or in the Pavilion Facility on the campus of the |
14 | | University of Illinois at Chicago during games in which the |
15 | | WNBA professional women's basketball team is playing in that |
16 | | facility, not more than one and a half hours before the start |
17 | | of the game and not after the 10-minute mark of the second half |
18 | | of the game, or by a catering establishment which has rented |
19 | | facilities
from a board of trustees of a public community |
20 | | college district, or in a restaurant that is operated by a |
21 | | commercial tenant in the North Campus Parking Deck building |
22 | | that (1) is located at 1201 West University Avenue, Urbana, |
23 | | Illinois and (2) is owned by the Board of Trustees of the |
24 | | University of Illinois, or, if
approved by the District board, |
25 | | on land owned by the Metropolitan Sanitary
District of Greater |
26 | | Chicago and leased to others for a term of at least
20 years. |
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| | SB3443 Enrolled | - 55 - | LRB098 15945 HLH 55564 b |
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|
1 | | Nothing in this Section precludes the sale or delivery of
|
2 | | alcoholic liquor in the form of original packaged goods in |
3 | | premises located
at 500 S. Racine in Chicago belonging to the |
4 | | University of Illinois and
used primarily as a grocery store by |
5 | | a commercial tenant during the term of
a lease that predates |
6 | | the University's acquisition of the premises; but the
|
7 | | University shall have no power or authority to renew, transfer, |
8 | | or extend
the lease with terms allowing the sale of alcoholic |
9 | | liquor; and the sale of
alcoholic liquor shall be subject to |
10 | | all local laws and regulations.
After the acquisition by |
11 | | Winnebago County of the property located at 404
Elm Street in |
12 | | Rockford, a commercial tenant who sold alcoholic liquor at
|
13 | | retail on a portion of the property under a valid license at |
14 | | the time of
the acquisition may continue to do so for so long |
15 | | as the tenant and the
County may agree under existing or future |
16 | | leases, subject to all local laws
and regulations regarding the |
17 | | sale of alcoholic liquor. Alcoholic liquors may be delivered to |
18 | | and sold at Memorial Hall, located at 211 North Main Street, |
19 | | Rockford, under conditions approved by Winnebago County and |
20 | | subject to all local laws and regulations regarding the sale of |
21 | | alcoholic liquor. Each
facility shall provide dram shop |
22 | | liability in maximum insurance coverage
limits so as to save |
23 | | harmless the State, municipality, State university,
airport, |
24 | | golf course, faculty center, facility in which conference and
|
25 | | convention type activities take place, park district, Forest |
26 | | Preserve
District, public community college district, |
|
| | SB3443 Enrolled | - 56 - | LRB098 15945 HLH 55564 b |
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|
1 | | aquarium, museum, or sanitary
district from all financial loss, |
2 | | damage or harm. Alcoholic liquors may be
sold at retail in |
3 | | buildings of golf courses owned by municipalities or Illinois |
4 | | State University in
connection with the operation of an |
5 | | established food serving facility
during times when food is |
6 | | dispensed for consumption upon the premises.
Alcoholic liquors |
7 | | may be delivered to and sold at retail in any building
owned by |
8 | | a fire protection district organized under the Fire Protection
|
9 | | District Act, provided that such delivery and sale is approved |
10 | | by the board
of trustees of the district, and provided further |
11 | | that such delivery and
sale is limited to fundraising events |
12 | | and to a maximum of 6 events per year. However, the limitation |
13 | | to fundraising events and to a maximum of 6 events per year |
14 | | does not apply to the delivery, sale, or manufacture of |
15 | | alcoholic liquors at the building located at 59 Main Street in |
16 | | Oswego, Illinois, owned by the Oswego Fire Protection District |
17 | | if the alcoholic liquor is sold or dispensed as approved by the |
18 | | Oswego Fire Protection District and the property is no longer |
19 | | being utilized for fire protection purposes.
|
20 | | Alcoholic liquors may be served or sold in buildings under |
21 | | the control of the Board of Trustees of the University of |
22 | | Illinois for events that the Board may determine are public |
23 | | events and not related student activities. The Board of |
24 | | Trustees shall issue a written policy within 6 months of the |
25 | | effective date of this amendatory Act of the 95th General |
26 | | Assembly concerning the types of events that would be eligible |
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| | SB3443 Enrolled | - 57 - | LRB098 15945 HLH 55564 b |
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|
1 | | for an exemption. Thereafter, the Board of Trustees may issue |
2 | | revised, updated, new, or amended policies as it deems |
3 | | necessary and appropriate. In preparing its written policy, the |
4 | | Board of Trustees shall, among other factors it considers |
5 | | relevant and important, give consideration to the following: |
6 | | (i) whether the event is a student activity or student related |
7 | | activity; (ii) whether the physical setting of the event is |
8 | | conducive to control of liquor sales and distribution; (iii) |
9 | | the ability of the event operator to ensure that the sale or |
10 | | serving of alcoholic liquors and the demeanor of the |
11 | | participants are in accordance with State law and University |
12 | | policies; (iv) regarding the anticipated attendees at the |
13 | | event, the relative proportion of individuals under the age of |
14 | | 21 to individuals age 21 or older; (v) the ability of the venue |
15 | | operator to prevent the sale or distribution of alcoholic |
16 | | liquors to individuals under the age of 21; (vi) whether the |
17 | | event prohibits participants from removing alcoholic beverages |
18 | | from the venue; and (vii) whether the event prohibits |
19 | | participants from providing their own alcoholic liquors to the |
20 | | venue. In addition, any policy submitted by the Board of |
21 | | Trustees to the Illinois Liquor Control Commission must require |
22 | | that any event at which alcoholic liquors are served or sold in |
23 | | buildings under the control of the Board of Trustees shall |
24 | | require the prior written approval of the Office of the |
25 | | Chancellor for the University campus where the event is |
26 | | located. The Board of Trustees shall submit its policy, and any |
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| | SB3443 Enrolled | - 58 - | LRB098 15945 HLH 55564 b |
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1 | | subsequently revised, updated, new, or amended policies, to the |
2 | | Illinois Liquor Control Commission, and any University event, |
3 | | or location for an event, exempted under such policies shall |
4 | | apply for a license under the applicable Sections of this Act. |
5 | | Alcoholic liquors may be served or sold in buildings under
|
6 | | the control of the Board of Trustees of Northern Illinois |
7 | | University
for events that the Board may determine are public
|
8 | | events and not student-related activities. The Board of
|
9 | | Trustees shall issue a written policy within 6 months after |
10 | | June 28, 2011 (the
effective date of Public Act 97-45) |
11 | | concerning the types of events that would be eligible
for an |
12 | | exemption. Thereafter, the Board of Trustees may issue
revised, |
13 | | updated, new, or amended policies as it deems
necessary and |
14 | | appropriate. In preparing its written policy, the
Board of |
15 | | Trustees shall, in addition to other factors it considers
|
16 | | relevant and important, give consideration to the following:
|
17 | | (i) whether the event is a student activity or student-related
|
18 | | activity; (ii) whether the physical setting of the event is
|
19 | | conducive to control of liquor sales and distribution; (iii)
|
20 | | the ability of the event operator to ensure that the sale or
|
21 | | serving of alcoholic liquors and the demeanor of the
|
22 | | participants are in accordance with State law and University
|
23 | | policies; (iv) the anticipated attendees at the
event and the |
24 | | relative proportion of individuals under the age of
21 to |
25 | | individuals age 21 or older; (v) the ability of the venue
|
26 | | operator to prevent the sale or distribution of alcoholic
|
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| | SB3443 Enrolled | - 59 - | LRB098 15945 HLH 55564 b |
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|
1 | | liquors to individuals under the age of 21; (vi) whether the
|
2 | | event prohibits participants from removing alcoholic beverages
|
3 | | from the venue; and (vii) whether the event prohibits
|
4 | | participants from providing their own alcoholic liquors to the
|
5 | | venue. |
6 | | Alcoholic liquors may be served or sold in buildings under |
7 | | the control of the Board of Trustees of Chicago State |
8 | | University for events that the Board may determine are public |
9 | | events and not student-related activities. The Board of |
10 | | Trustees shall issue a written policy within 6 months after |
11 | | August 2, 2013 ( the effective date of Public Act 98-132) this |
12 | | amendatory Act of the 98th General Assembly concerning the |
13 | | types of events that would be eligible for an exemption. |
14 | | Thereafter, the Board of Trustees may issue revised, updated, |
15 | | new, or amended policies as it deems necessary and appropriate. |
16 | | In preparing its written policy, the Board of Trustees shall, |
17 | | in addition to other factors it considers relevant and |
18 | | important, give consideration to the following: (i) whether the |
19 | | event is a student activity or student-related activity; (ii) |
20 | | whether the physical setting of the event is conducive to |
21 | | control of liquor sales and distribution; (iii) the ability of |
22 | | the event operator to ensure that the sale or serving of |
23 | | alcoholic liquors and the demeanor of the participants are in |
24 | | accordance with State law and University policies; (iv) the |
25 | | anticipated attendees at the event and the relative proportion |
26 | | of individuals under the age of 21 to individuals age 21 or |
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| | SB3443 Enrolled | - 60 - | LRB098 15945 HLH 55564 b |
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1 | | older; (v) the ability of the venue operator to prevent the |
2 | | sale or distribution of alcoholic liquors to individuals under |
3 | | the age of 21; (vi) whether the event prohibits participants |
4 | | from removing alcoholic beverages from the venue; and (vii) |
5 | | whether the event prohibits participants from providing their |
6 | | own alcoholic liquors to the venue. |
7 | | Alcoholic liquors may be served or sold in buildings under
|
8 | | the control of the Board of Trustees of Illinois State |
9 | | University
for events that the Board may determine are public
|
10 | | events and not student-related activities. The Board of
|
11 | | Trustees shall issue a written policy within 6 months after the |
12 | | effective date of this amendatory Act of the 97th General |
13 | | Assembly concerning the types of events that would be eligible
|
14 | | for an exemption. Thereafter, the Board of Trustees may issue
|
15 | | revised, updated, new, or amended policies as it deems
|
16 | | necessary and appropriate. In preparing its written policy, the
|
17 | | Board of Trustees shall, in addition to other factors it |
18 | | considers
relevant and important, give consideration to the |
19 | | following:
(i) whether the event is a student activity or |
20 | | student-related
activity; (ii) whether the physical setting of |
21 | | the event is
conducive to control of liquor sales and |
22 | | distribution; (iii)
the ability of the event operator to ensure |
23 | | that the sale or
serving of alcoholic liquors and the demeanor |
24 | | of the
participants are in accordance with State law and |
25 | | University
policies; (iv) the anticipated attendees at the
|
26 | | event and the relative proportion of individuals under the age |
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| | SB3443 Enrolled | - 61 - | LRB098 15945 HLH 55564 b |
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1 | | of
21 to individuals age 21 or older; (v) the ability of the |
2 | | venue
operator to prevent the sale or distribution of alcoholic
|
3 | | liquors to individuals under the age of 21; (vi) whether the
|
4 | | event prohibits participants from removing alcoholic beverages
|
5 | | from the venue; and (vii) whether the event prohibits
|
6 | | participants from providing their own alcoholic liquors to the
|
7 | | venue. |
8 | | Alcoholic liquor may be delivered to and sold at retail in |
9 | | the
Dorchester Senior Business Center owned by the Village of |
10 | | Dolton if the
alcoholic liquor is sold or dispensed only in |
11 | | connection with organized
functions for which the planned |
12 | | attendance is 20 or more persons, and if
the person or facility |
13 | | selling or dispensing the alcoholic liquor has
provided dram |
14 | | shop liability insurance in maximum limits so as to hold
|
15 | | harmless the Village of Dolton and the State from all financial |
16 | | loss,
damage and harm.
|
17 | | Alcoholic liquors may be delivered to and sold at retail in |
18 | | any
building used as an Illinois State Armory provided:
|
19 | | (i) the Adjutant General's written consent to the |
20 | | issuance of a
license to sell alcoholic liquor in such |
21 | | building is filed with the
Commission;
|
22 | | (ii) the alcoholic liquor is sold or dispensed only in |
23 | | connection
with organized functions held on special |
24 | | occasions;
|
25 | | (iii) the organized function is one for which the |
26 | | planned attendance
is 25 or more persons; and
|
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| | SB3443 Enrolled | - 62 - | LRB098 15945 HLH 55564 b |
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1 | | (iv) the facility selling or dispensing the alcoholic |
2 | | liquors has
provided dram shop liability insurance in |
3 | | maximum limits so as to save
harmless the facility and the |
4 | | State from all financial loss, damage or harm.
|
5 | | Alcoholic liquors may be delivered to and sold at retail in |
6 | | the Chicago
Civic Center, provided that:
|
7 | | (i) the written consent of the Public Building |
8 | | Commission which
administers the Chicago Civic Center is |
9 | | filed with the Commission;
|
10 | | (ii) the alcoholic liquor is sold or dispensed only in |
11 | | connection with
organized functions held on special |
12 | | occasions;
|
13 | | (iii) the organized function is one for which the |
14 | | planned attendance is
25 or more persons;
|
15 | | (iv) the facility selling or dispensing the alcoholic |
16 | | liquors has
provided dram shop liability insurance in |
17 | | maximum limits so as to hold
harmless the Civic Center, the |
18 | | City of Chicago and the State from all
financial loss, |
19 | | damage or harm; and
|
20 | | (v) all applicable local ordinances are complied with.
|
21 | | Alcoholic liquors may be delivered or sold in any building |
22 | | belonging to
or under the control of any city, village or |
23 | | incorporated town where more
than 75% of the physical |
24 | | properties of the building is used for commercial
or |
25 | | recreational purposes, and the building is located upon a pier |
26 | | extending
into or over the waters of a navigable lake or stream |
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1 | | or on the shore of a
navigable lake or stream.
In accordance |
2 | | with a license issued under this Act, alcoholic liquor may be |
3 | | sold, served, or delivered in buildings and facilities under
|
4 | | the control
of the Department of Natural Resources during |
5 | | events or activities lasting no more than 7 continuous days |
6 | | upon the written approval of the
Director of
Natural Resources |
7 | | acting as the controlling government authority. The Director
of
|
8 | | Natural Resources may specify conditions on that approval, |
9 | | including but not
limited to
requirements for insurance and |
10 | | hours of operation.
Notwithstanding any other provision of this |
11 | | Act, alcoholic liquor sold by a
United States Army Corps of |
12 | | Engineers or Department of Natural
Resources
concessionaire |
13 | | who was operating on June 1, 1991 for on-premises consumption
|
14 | | only is not subject to the provisions of Articles IV and IX. |
15 | | Beer and wine
may be sold on the premises of the Joliet Park |
16 | | District Stadium owned by
the Joliet Park District when written |
17 | | consent to the issuance of a license
to sell beer and wine in |
18 | | such premises is filed with the local liquor
commissioner by |
19 | | the Joliet Park District. Beer and wine may be sold in
|
20 | | buildings on the grounds of State veterans' homes when written |
21 | | consent to
the issuance of a license to sell beer and wine in |
22 | | such buildings is filed
with the Commission by the Department |
23 | | of Veterans' Affairs, and the
facility shall provide dram shop |
24 | | liability in maximum insurance coverage
limits so as to save |
25 | | the facility harmless from all financial loss, damage
or harm. |
26 | | Such liquors may be delivered to and sold at any property owned |
|
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|
1 | | or
held under lease by a Metropolitan Pier and Exposition |
2 | | Authority or
Metropolitan Exposition and Auditorium Authority.
|
3 | | Beer and wine may be sold and dispensed at professional |
4 | | sporting events
and at professional concerts and other |
5 | | entertainment events conducted on
premises owned by the Forest |
6 | | Preserve District of Kane County, subject to
the control of the |
7 | | District Commissioners and applicable local law,
provided that |
8 | | dram shop liability insurance is provided at maximum coverage
|
9 | | limits so as to hold the District harmless from all financial |
10 | | loss, damage
and harm.
|
11 | | Nothing in this Section shall preclude the sale or delivery |
12 | | of beer and
wine at a State or county fair or the sale or |
13 | | delivery of beer or wine at a
city fair in any otherwise lawful |
14 | | manner.
|
15 | | Alcoholic liquors may be sold at retail in buildings in |
16 | | State parks
under the control of the Department of Natural |
17 | | Resources,
provided:
|
18 | | a. the State park has overnight lodging facilities with |
19 | | some
restaurant facilities or, not having overnight |
20 | | lodging facilities, has
restaurant facilities which serve |
21 | | complete luncheon and dinner or
supper meals,
|
22 | | b. (blank), and consent to the issuance of a license to |
23 | | sell alcoholic liquors in
the buildings has been filed with |
24 | | the commission by the Department of
Natural Resources, and
|
25 | | c. the alcoholic liquors are sold by the State park |
26 | | lodge or
restaurant concessionaire only during the hours |
|
| | SB3443 Enrolled | - 65 - | LRB098 15945 HLH 55564 b |
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|
1 | | from 11 o'clock a.m. until
12 o'clock midnight. |
2 | | Notwithstanding any other provision of this Act,
alcoholic |
3 | | liquor sold by the State park or restaurant concessionaire |
4 | | is not
subject to the provisions of Articles IV and IX.
|
5 | | Alcoholic liquors may be sold at retail in buildings on |
6 | | properties
under the control of the Historic Sites and |
7 | | Preservation Division of the
Historic Preservation
Agency or |
8 | | the Abraham Lincoln Presidential Library and Museum provided:
|
9 | | a. the property has overnight lodging facilities with |
10 | | some restaurant
facilities or, not having overnight |
11 | | lodging facilities, has restaurant
facilities which serve |
12 | | complete luncheon and dinner or supper meals,
|
13 | | b. consent to the issuance of a license to sell |
14 | | alcoholic liquors in
the buildings has been filed with the |
15 | | commission by the Historic Sites and
Preservation Division
|
16 | | of the Historic
Preservation Agency or the Abraham Lincoln |
17 | | Presidential Library and Museum,
and
|
18 | | c. the alcoholic liquors are sold by the lodge or |
19 | | restaurant
concessionaire only during the hours from 11 |
20 | | o'clock a.m. until 12 o'clock
midnight.
|
21 | | The sale of alcoholic liquors pursuant to this Section does |
22 | | not
authorize the establishment and operation of facilities |
23 | | commonly called
taverns, saloons, bars, cocktail lounges, and |
24 | | the like except as a part
of lodge and restaurant facilities in |
25 | | State parks or golf courses owned
by Forest Preserve Districts |
26 | | with a population of less than 3,000,000 or
municipalities or |
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|
1 | | park districts.
|
2 | | Alcoholic liquors may be sold at retail in the Springfield
|
3 | | Administration Building of the Department of Transportation |
4 | | and the
Illinois State Armory in Springfield; provided, that |
5 | | the controlling
government authority may consent to such sales |
6 | | only if
|
7 | | a. the request is from a not-for-profit organization;
|
8 | | b. such sales would not impede normal operations of the |
9 | | departments
involved;
|
10 | | c. the not-for-profit organization provides dram shop |
11 | | liability in
maximum insurance coverage limits and agrees |
12 | | to defend, save harmless
and indemnify the State of |
13 | | Illinois from all financial loss, damage or harm;
|
14 | | d. no such sale shall be made during normal working |
15 | | hours of the
State of Illinois; and
|
16 | | e. the consent is in writing.
|
17 | | Alcoholic liquors may be sold at retail in buildings in |
18 | | recreational
areas of river conservancy districts under the |
19 | | control of, or leased
from, the river conservancy districts. |
20 | | Such sales are subject to
reasonable local regulations as |
21 | | provided in Article IV; however, no such
regulations may |
22 | | prohibit or substantially impair the sale of alcoholic
liquors |
23 | | on Sundays or Holidays.
|
24 | | Alcoholic liquors may be provided in long term care |
25 | | facilities owned or
operated by a county under Division 5-21 or |
26 | | 5-22 of the Counties Code,
when approved by the facility |
|
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1 | | operator and not in conflict
with the regulations of the |
2 | | Illinois Department of Public Health, to
residents of the |
3 | | facility who have had their consumption of the alcoholic
|
4 | | liquors provided approved in writing by a physician licensed to |
5 | | practice
medicine in all its branches.
|
6 | | Alcoholic liquors may be delivered to and dispensed in |
7 | | State housing
assigned to employees of the Department of |
8 | | Corrections.
No person shall furnish or allow to be furnished |
9 | | any alcoholic
liquors to any prisoner confined in any jail, |
10 | | reformatory, prison or house
of correction except upon a |
11 | | physician's prescription for medicinal purposes.
|
12 | | Alcoholic liquors may be sold at retail or dispensed at the |
13 | | Willard Ice
Building in Springfield, at the State Library in |
14 | | Springfield, and at
Illinois State Museum facilities by (1) an
|
15 | | agency of the State, whether legislative, judicial or |
16 | | executive, provided
that such agency first obtains written |
17 | | permission to sell or dispense
alcoholic liquors from the |
18 | | controlling government authority, or by (2) a
not-for-profit |
19 | | organization, provided that such organization:
|
20 | | a. Obtains written consent from the controlling |
21 | | government authority;
|
22 | | b. Sells or dispenses the alcoholic liquors in a manner |
23 | | that does not
impair normal operations of State offices |
24 | | located in the building;
|
25 | | c. Sells or dispenses alcoholic liquors only in |
26 | | connection with an
official activity in the building;
|
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1 | | d. Provides, or its catering service provides, dram |
2 | | shop liability
insurance in maximum coverage limits and in |
3 | | which the carrier agrees to
defend, save harmless and |
4 | | indemnify the State of Illinois from all
financial loss, |
5 | | damage or harm arising out of the selling or dispensing of
|
6 | | alcoholic liquors.
|
7 | | Nothing in this Act shall prevent a not-for-profit |
8 | | organization or agency
of the State from employing the services |
9 | | of a catering establishment for
the selling or dispensing of |
10 | | alcoholic liquors at authorized functions.
|
11 | | The controlling government authority for the Willard Ice |
12 | | Building in
Springfield shall be the Director of the Department |
13 | | of Revenue. The
controlling government authority for Illinois |
14 | | State Museum facilities shall
be the Director of the Illinois |
15 | | State Museum. The controlling government
authority for the |
16 | | State Library in Springfield shall be the Secretary of State.
|
17 | | Alcoholic liquors may be delivered to and sold at retail or |
18 | | dispensed
at any facility, property or building under the |
19 | | jurisdiction of the
Historic Sites and Preservation Division of |
20 | | the
Historic Preservation Agency
or the Abraham
Lincoln |
21 | | Presidential Library and Museum
where the delivery, sale or
|
22 | | dispensing is by (1)
an agency of the State, whether |
23 | | legislative, judicial or executive,
provided that such agency |
24 | | first obtains written permission to sell or
dispense alcoholic |
25 | | liquors from a controlling government authority, or by (2) an |
26 | | individual or organization provided that such individual or |
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1 | | organization:
|
2 | | a. Obtains written consent from the controlling |
3 | | government authority;
|
4 | | b. Sells or dispenses the alcoholic liquors in a manner |
5 | | that does not
impair normal workings of State offices or |
6 | | operations located at the
facility, property or building;
|
7 | | c. Sells or dispenses alcoholic liquors only in |
8 | | connection with an
official activity of the individual or |
9 | | organization in the facility,
property or building;
|
10 | | d. Provides, or its catering service provides, dram |
11 | | shop liability
insurance in maximum coverage limits and in |
12 | | which the carrier agrees to
defend, save harmless and |
13 | | indemnify the State of Illinois from all
financial loss, |
14 | | damage or harm arising out of the selling or dispensing of
|
15 | | alcoholic liquors.
|
16 | | The controlling government authority for the
Historic |
17 | | Sites and Preservation Division of the
Historic Preservation |
18 | | Agency
shall be the Director of the Historic Sites and |
19 | | Preservation, and the
controlling
government authority for the |
20 | | Abraham Lincoln Presidential Library and Museum
shall be the |
21 | | Director of the Abraham Lincoln Presidential Library and |
22 | | Museum.
|
23 | | Alcoholic liquors may be delivered to and sold at retail or |
24 | | dispensed for
consumption at the Michael Bilandic Building at |
25 | | 160 North LaSalle Street,
Chicago IL 60601, after the normal |
26 | | business hours of any day care or child care
facility located |
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1 | | in the building, by (1) a commercial tenant or subtenant
|
2 | | conducting business on the premises under a lease made pursuant |
3 | | to Section
405-315 of the Department of Central Management |
4 | | Services Law (20 ILCS
405/405-315), provided that such tenant |
5 | | or subtenant who accepts delivery of,
sells, or dispenses |
6 | | alcoholic liquors shall procure and maintain dram shop
|
7 | | liability insurance in maximum coverage limits and in which the |
8 | | carrier
agrees to defend, indemnify, and save harmless the |
9 | | State of Illinois from
all financial loss, damage, or harm |
10 | | arising out of the delivery, sale, or
dispensing of alcoholic |
11 | | liquors, or by (2) an agency of the State, whether
legislative, |
12 | | judicial, or executive, provided that such agency first obtains
|
13 | | written permission to accept delivery of and sell or dispense |
14 | | alcoholic liquors
from the Director of Central Management |
15 | | Services, or by (3) a not-for-profit
organization, provided |
16 | | that such organization:
|
17 | | a. obtains written consent from the Department of |
18 | | Central Management
Services;
|
19 | | b. accepts delivery of and sells or dispenses the |
20 | | alcoholic liquors in a
manner that does not impair normal |
21 | | operations of State offices located in the
building;
|
22 | | c. accepts delivery of and sells or dispenses alcoholic |
23 | | liquors only in
connection with an official activity in the |
24 | | building; and
|
25 | | d. provides, or its catering service provides, dram |
26 | | shop liability
insurance in maximum coverage limits and in |
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|
1 | | which the carrier agrees to
defend, save harmless, and |
2 | | indemnify the State of Illinois from all
financial loss, |
3 | | damage, or harm arising out of the selling or dispensing of
|
4 | | alcoholic liquors.
|
5 | | Nothing in this Act shall prevent a not-for-profit |
6 | | organization or agency
of the State from employing the services |
7 | | of a catering establishment for
the selling or dispensing of |
8 | | alcoholic liquors at functions authorized by
the Director of |
9 | | Central Management Services.
|
10 | | Alcoholic liquors may be sold at retail or dispensed at the |
11 | | James R.
Thompson Center in Chicago, subject to the provisions |
12 | | of Section 7.4 of the
State Property Control Act, and 222 South |
13 | | College Street in Springfield,
Illinois by (1) a commercial |
14 | | tenant or subtenant conducting business on the
premises under a |
15 | | lease or sublease made pursuant to Section 405-315 of the
|
16 | | Department of Central Management Services Law (20 ILCS |
17 | | 405/405-315), provided
that such tenant or subtenant who
sells |
18 | | or dispenses alcoholic liquors shall procure and maintain dram |
19 | | shop
liability insurance in maximum coverage limits and in |
20 | | which the carrier
agrees to defend, indemnify and save harmless |
21 | | the State of Illinois from
all financial loss, damage or harm |
22 | | arising out of the sale or dispensing of
alcoholic liquors, or |
23 | | by (2) an agency of the State, whether legislative,
judicial or |
24 | | executive, provided that such agency first obtains written
|
25 | | permission to sell or dispense alcoholic liquors from the |
26 | | Director of
Central Management Services, or by (3) a |
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1 | | not-for-profit organization,
provided that such organization:
|
2 | | a. Obtains written consent from the Department of |
3 | | Central Management
Services;
|
4 | | b. Sells or dispenses the alcoholic liquors in a manner |
5 | | that does not
impair normal operations of State offices |
6 | | located in the building;
|
7 | | c. Sells or dispenses alcoholic liquors only in |
8 | | connection with an
official activity in the building;
|
9 | | d. Provides, or its catering service provides, dram |
10 | | shop liability
insurance in maximum coverage limits and in |
11 | | which the carrier agrees to
defend, save harmless and |
12 | | indemnify the State of Illinois from all
financial loss, |
13 | | damage or harm arising out of the selling or dispensing of
|
14 | | alcoholic liquors.
|
15 | | Nothing in this Act shall prevent a not-for-profit |
16 | | organization or agency
of the State from employing the services |
17 | | of a catering establishment for
the selling or dispensing of |
18 | | alcoholic liquors at functions authorized by
the Director of |
19 | | Central Management Services.
|
20 | | Alcoholic liquors may be sold or delivered at any facility |
21 | | owned by the
Illinois Sports Facilities Authority provided that |
22 | | dram shop liability
insurance has been made available in a |
23 | | form, with such coverage and in such
amounts as the Authority |
24 | | reasonably determines is necessary.
|
25 | | Alcoholic liquors may be sold at retail or dispensed at the |
26 | | Rockford
State Office Building by (1) an agency of the State, |
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|
1 | | whether legislative,
judicial or executive, provided that such |
2 | | agency first obtains written
permission to sell or dispense |
3 | | alcoholic liquors from the Department of
Central Management |
4 | | Services, or by (2) a not-for-profit organization,
provided |
5 | | that such organization:
|
6 | | a. Obtains written consent from the Department of |
7 | | Central Management
Services;
|
8 | | b. Sells or dispenses the alcoholic liquors in a manner |
9 | | that does not
impair normal operations of State offices |
10 | | located in the building;
|
11 | | c. Sells or dispenses alcoholic liquors only in |
12 | | connection with an
official activity in the building;
|
13 | | d. Provides, or its catering service provides, dram |
14 | | shop liability
insurance in maximum coverage limits and in |
15 | | which the carrier agrees to defend,
save harmless and |
16 | | indemnify the State of Illinois from all financial loss,
|
17 | | damage or harm arising out of the selling or dispensing of |
18 | | alcoholic liquors.
|
19 | | Nothing in this Act shall prevent a not-for-profit |
20 | | organization or agency
of the State from employing the services |
21 | | of a catering establishment for
the selling or dispensing of |
22 | | alcoholic liquors at functions authorized by
the Department of |
23 | | Central Management Services.
|
24 | | Alcoholic liquors may be sold or delivered in a building |
25 | | that is owned
by McLean County, situated on land owned by the |
26 | | county in the City of
Bloomington, and used by the McLean |
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1 | | County Historical Society if the sale
or delivery is approved |
2 | | by an ordinance adopted by the county board, and
the |
3 | | municipality in which the building is located may not prohibit |
4 | | that
sale or delivery, notwithstanding any other provision of |
5 | | this Section. The
regulation of the sale and delivery of |
6 | | alcoholic liquor in a building that
is owned by McLean County, |
7 | | situated on land owned by the county, and used
by the McLean |
8 | | County Historical Society as provided in this paragraph is an
|
9 | | exclusive power and function of the State and is a denial and |
10 | | limitation
under Article VII, Section 6, subsection (h) of the |
11 | | Illinois Constitution
of the power of a home rule municipality |
12 | | to regulate that sale and delivery.
|
13 | | Alcoholic liquors may be sold or delivered in any building |
14 | | situated on
land held in trust for any school district |
15 | | organized under Article 34 of
the School Code, if the building |
16 | | is not used for school purposes and if the
sale or delivery is |
17 | | approved by the board of education.
|
18 | | Alcoholic liquors may be sold or delivered in buildings |
19 | | owned
by the Community Building Complex Committee of Boone |
20 | | County,
Illinois if the person or facility selling or |
21 | | dispensing the
alcoholic liquor has provided dram shop |
22 | | liability insurance with coverage and
in amounts that the |
23 | | Committee reasonably determines are necessary.
|
24 | | Alcoholic liquors may be sold or delivered in the building |
25 | | located at
1200 Centerville Avenue in Belleville, Illinois and |
26 | | occupied by either the
Belleville Area Special Education |
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1 | | District or the Belleville Area Special
Services
Cooperative. |
2 | | Alcoholic liquors may be delivered to and sold at the Louis |
3 | | Joliet
Renaissance Center, City Center Campus, located at 214 |
4 | | N. Ottawa Street,
Joliet, and
the Food Services/Culinary Arts |
5 | | Department facilities, Main Campus, located at
1215 Houbolt |
6 | | Road, Joliet, owned by or under the control of Joliet Junior
|
7 | | College,
Illinois Community College District No. 525.
|
8 | | Alcoholic liquors may be delivered to and sold at Triton |
9 | | College, Illinois Community College District No. 504. |
10 | | Alcoholic liquors may be delivered to and sold at the |
11 | | College of DuPage, Illinois Community College District No. 502. |
12 | | Alcoholic liquors may be delivered to and sold at the |
13 | | building located at 446 East Hickory Avenue in Apple River, |
14 | | Illinois, owned by the Apple River Fire Protection District, |
15 | | and occupied by the Apple River Community Association if the |
16 | | alcoholic liquor is sold or dispensed only in connection with |
17 | | organized functions approved by the Apple River Community |
18 | | Association for which the planned attendance is 20 or more |
19 | | persons and if the person or facility selling or dispensing the |
20 | | alcoholic liquor has provided dram shop liability insurance in |
21 | | maximum limits so as to hold harmless the Apple River Fire |
22 | | Protection District, the Village of Apple River, and the Apple |
23 | | River Community Association from all financial loss, damage, |
24 | | and harm. |
25 | | Alcoholic liquors may be delivered to and sold at the Sikia |
26 | | Restaurant, Kennedy King College Campus, located at 740 West |
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1 | | 63rd Street, Chicago, and at the Food Services in the Great |
2 | | Hall/Washburne Culinary Institute Department facility, Kennedy |
3 | | King College Campus, located at 740 West 63rd Street, Chicago, |
4 | | owned by or under the control of City Colleges of Chicago, |
5 | | Illinois Community College District No. 508.
|
6 | | (Source: P.A. 97-33, eff. 6-28-11; 97-45, eff. 6-28-11; 97-51, |
7 | | eff. 6-28-11; 97-167, eff. 7-22-11; 97-250, eff. 8-4-11; |
8 | | 97-395, eff. 8-16-11; 97-813, eff. 7-13-12; 97-1166, eff. |
9 | | 3-1-13; 98-132, eff. 8-2-13; 98-201, eff. 8-9-13; revised |
10 | | 9-24-13.) |
11 | | (320 ILCS 65/20 rep.) |
12 | | Section 110. The Family Caregiver Act is amended by |
13 | | repealing Section 20.
|
14 | | (410 ILCS 3/10 rep.)
|
15 | | Section 115. The Atherosclerosis Prevention Act is amended |
16 | | by repealing Section 10.
|
17 | | (410 ILCS 425/Act rep.)
|
18 | | Section 120. The High Blood Pressure Control Act is |
19 | | repealed. |
20 | | Section 125. The Environmental Protection Act is amended by |
21 | | changing Section 22.8 as follows:
|
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1 | | (415 ILCS 5/22.8) (from Ch. 111 1/2, par. 1022.8)
|
2 | | Sec. 22.8. Environmental Protection Permit and Inspection |
3 | | Fund.
|
4 | | (a) There is hereby created in the State Treasury a special |
5 | | fund to be known
as the Environmental Protection Permit and |
6 | | Inspection Fund. All fees collected
by the Agency pursuant to |
7 | | this Section, Section 9.6, 12.2, 16.1, 22.2
(j)(6)(E)(v)(IV), |
8 | | 56.4, 56.5, 56.6, and subsection (f) of Section 5 of this
Act , |
9 | | or pursuant to Section 22 of the Public Water Supply Operations |
10 | | Act or Section 1011 of the Solid Waste Site Operator |
11 | | Certification Law, as well as
and funds collected under |
12 | | subsection (b.5) of Section 42 of this Act ,
shall be deposited |
13 | | into the Fund. In addition to any monies appropriated
from the |
14 | | General Revenue Fund, monies in the Fund shall be appropriated
|
15 | | by the General Assembly to the Agency in amounts deemed |
16 | | necessary for
manifest, permit, and inspection activities and |
17 | | for performing its functions, powers, and duties under the |
18 | | Solid Waste Site Operator Certification Law processing |
19 | | requests
under Section 22.2 (j)(6)(E)(v)(IV) .
|
20 | | The General Assembly may appropriate monies in the Fund |
21 | | deemed necessary
for Board regulatory and adjudicatory |
22 | | proceedings.
|
23 | | (a-5) As soon as practicable after the effective date of |
24 | | this amendatory Act of the 98th General Assembly, but no later |
25 | | than January 1, 2014, the State Comptroller shall direct and |
26 | | the State Treasurer shall transfer all monies in the Industrial |
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1 | | Hygiene Regulatory and Enforcement Fund to the Environmental |
2 | | Protection Permit and Inspection Fund to be used in accordance |
3 | | with the terms of the Environmental Protection Permit and |
4 | | Inspection Fund. |
5 | | (a-6) As soon as practicable after the effective date of |
6 | | this amendatory Act of the 98th General Assembly, but no later |
7 | | than December 31, 2014, the State Comptroller shall order the |
8 | | transfer of, and the State Treasurer shall transfer, all moneys |
9 | | in the Hazardous Waste Occupational Licensing Fund into the |
10 | | Environmental Protection Permit and Inspection Fund to be used |
11 | | in accordance with the terms of the Environmental Protection |
12 | | Permit and Inspection Fund. |
13 | | (b) The Agency shall collect from the
owner or operator of |
14 | | any of the following types of hazardous waste disposal
sites or |
15 | | management facilities which require a RCRA permit under |
16 | | subsection
(f) of Section 21 of this Act, or a UIC permit under |
17 | | subsection (g) of Section
12 of this Act, an annual fee in the |
18 | | amount of:
|
19 | | (1) $35,000 ($70,000 beginning in 2004)
for a hazardous |
20 | | waste disposal site receiving hazardous
waste if the |
21 | | hazardous waste disposal site is located off the site where
|
22 | | such waste was produced;
|
23 | | (2) $9,000 ($18,000 beginning in 2004)
for a hazardous |
24 | | waste disposal site receiving hazardous waste
if the |
25 | | hazardous waste disposal site is located on the site where |
26 | | such
waste was produced;
|
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1 | | (3) $7,000 ($14,000 beginning in 2004)
for a hazardous |
2 | | waste disposal site receiving hazardous waste
if the |
3 | | hazardous waste disposal site is an underground injection |
4 | | well;
|
5 | | (4) $2,000 ($4,000 beginning in 2004)
for a hazardous |
6 | | waste management facility treating
hazardous waste by |
7 | | incineration;
|
8 | | (5) $1,000 ($2,000 beginning in 2004)
for a hazardous |
9 | | waste management facility treating hazardous
waste by a |
10 | | method, technique or process other than incineration;
|
11 | | (6) $1,000 ($2,000 beginning in 2004)
for a hazardous |
12 | | waste management facility storing hazardous
waste in a |
13 | | surface impoundment or pile;
|
14 | | (7) $250 ($500 beginning in 2004)
for a hazardous waste |
15 | | management facility storing hazardous
waste other than in a |
16 | | surface impoundment or pile; and
|
17 | | (8) Beginning in 2004, $500 for a large quantity |
18 | | hazardous waste
generator required to submit an annual or |
19 | | biennial report for hazardous waste
generation.
|
20 | | (c) Where two or more operational units are located within |
21 | | a single
hazardous waste disposal site, the Agency shall |
22 | | collect from the owner or
operator of such site an annual fee |
23 | | equal to the highest fee imposed by
subsection (b) of this |
24 | | Section upon any single operational unit within the
site.
|
25 | | (d) The fee imposed upon a hazardous waste disposal site |
26 | | under this
Section shall be the exclusive permit and inspection |
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1 | | fee applicable to
hazardous waste disposal at such site, |
2 | | provided that nothing in this
Section shall be construed to |
3 | | diminish or otherwise affect any fee imposed
upon the owner or |
4 | | operator of a hazardous waste disposal site by Section 22.2.
|
5 | | (e) The Agency shall establish procedures, no later than |
6 | | December 1,
1984, relating to the collection of the hazardous |
7 | | waste disposal site
fees authorized by this Section. Such |
8 | | procedures shall include, but not be
limited to the time and |
9 | | manner of payment of fees to the Agency, which
shall be |
10 | | quarterly, payable at the beginning of each quarter for |
11 | | hazardous
waste disposal site fees. Annual fees required under |
12 | | paragraph (7) of
subsection (b) of this Section shall accompany |
13 | | the annual report required
by Board regulations for the |
14 | | calendar year for which the report applies.
|
15 | | (f) For purposes of this Section, a hazardous waste |
16 | | disposal site
consists of one or more of the following |
17 | | operational units:
|
18 | | (1) a landfill receiving hazardous waste for disposal;
|
19 | | (2) a waste pile or surface impoundment, receiving |
20 | | hazardous waste, in
which residues which exhibit any of the |
21 | | characteristics of hazardous waste
pursuant to Board |
22 | | regulations are reasonably expected to remain after |
23 | | closure;
|
24 | | (3) a land treatment facility receiving hazardous |
25 | | waste; or
|
26 | | (4) a well injecting hazardous waste.
|
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1 | | (g) The Agency shall assess a fee for each manifest |
2 | | provided by the
Agency. For manifests provided on or after |
3 | | January 1, 1989 but before July 1,
2003, the fee shall be $1 |
4 | | per manifest. For manifests provided on or after
July 1, 2003, |
5 | | the fee shall be $3 per manifest.
|
6 | | (Source: P.A. 98-78, eff. 7-15-13.)
|
7 | | Section 130. The Illinois Pesticide Act is amended by |
8 | | changing Sections 19.3 and 22.2 as follows:
|
9 | | (415 ILCS 60/19.3)
|
10 | | Sec. 19.3. Agrichemical Facility Response Action Program.
|
11 | | (a) It is the policy of the State of Illinois that an |
12 | | Agrichemical Facility
Response Action Program be implemented |
13 | | to reduce potential agrichemical pollution
and minimize |
14 | | environmental degradation risk potential at these sites. In |
15 | | this
Section, "agrichemical facility" means a site where |
16 | | agrichemicals are
stored or handled, or both, in preparation |
17 | | for end use. "Agrichemical
facility" does not include basic |
18 | | manufacturing or central distribution sites
utilized only for |
19 | | wholesale purposes. As used in this Section, "agrichemical"
|
20 | | means pesticides or commercial fertilizers at an agrichemical |
21 | | facility.
|
22 | | The program shall provide guidance for assessing the threat |
23 | | of soil
agrichemical
contaminants to groundwater and |
24 | | recommending which sites need to establish a
voluntary |
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1 | | corrective action program.
|
2 | | The program shall establish appropriate site-specific soil |
3 | | cleanup
objectives, which shall be based on the potential for |
4 | | the agrichemical
contaminants to move from the soil to |
5 | | groundwater and the potential of the
specific soil agrichemical |
6 | | contaminants to cause an
exceedence of a Class I
or Class III |
7 | | groundwater quality standard or a health advisory level. The
|
8 | | Department shall use the information found and procedures |
9 | | developed in the
Agrichemical Facility Site Contamination |
10 | | Study or other appropriate physical
evidence to establish the |
11 | | soil agrichemical contaminant
levels of concern to
groundwater |
12 | | in the various hydrological settings to establish |
13 | | site-specific
cleanup objectives.
|
14 | | No remediation of a site may be recommended unless (i) the |
15 | | agrichemical
contamination
level in the soil exceeds the |
16 | | site-specific cleanup objectives
or (ii) the agrichemical |
17 | | contaminant level in the soil
exceeds levels where physical |
18 | | evidence and risk evaluation indicates
probability of the site |
19 | | causing an
exceedence of a groundwater quality standard.
|
20 | | When a remediation plan must be carried out over a number |
21 | | of years due to
limited financial resources of the owner or |
22 | | operator of the agrichemical
facility, those soil agrichemical |
23 | | contaminated areas that
have the greatest potential to |
24 | | adversely impact vulnerable Class I groundwater
aquifers and |
25 | | adjacent potable water wells shall
receive the highest priority |
26 | | rating and be remediated first.
|
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1 | | (b) (Blank). The Agrichemical Facility Response Action |
2 | | Program Board ("the Board") is
created. The
Board members shall |
3 | | consist of the following:
|
4 | | (1) The Director or the Director's designee.
|
5 | | (2) One member who represents pesticide manufacturers.
|
6 | | (3) Two members who represent retail agrichemical |
7 | | dealers.
|
8 | | (4) One member who represents agrichemical |
9 | | distributors.
|
10 | | (5) One member who represents active farmers.
|
11 | | (6) One member at large.
|
12 | | The public members of the Board shall be appointed by the |
13 | | Governor for terms
of 2 years. Those persons on the Board who |
14 | | represent pesticide manufacturers,
agrichemical dealers, |
15 | | agrichemical distributors, and farmers shall be selected
from |
16 | | recommendations made by the associations whose membership |
17 | | reflects those
specific areas of interest. The members of the |
18 | | Board shall be appointed within
90 days after the effective |
19 | | date of this amendatory Act of 1995. Vacancies on
the Board |
20 | | shall be filled within 30 days. The Board may fill any |
21 | | membership
position vacant for a period exceeding 30 days.
|
22 | | The members of the Board shall be paid no compensation, but |
23 | | shall be
reimbursed
for their expenses incurred in performing |
24 | | their duties. If a civil
proceeding is commenced against a |
25 | | Board member arising out of an act or
omission occurring within |
26 | | the scope of the Board member's performance of his or
her |
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1 | | duties under this Section, the State, as provided by rule, |
2 | | shall indemnify
the Board member for any damages awarded and |
3 | | court costs and attorney's fees
assessed as part of a final and |
4 | | unreversed judgement, or shall pay the
judgment, unless the |
5 | | court or jury finds that the conduct or inaction that gave
rise |
6 | | to the claim or cause of action was intentional, wilful or |
7 | | wanton
misconduct and was not intended to serve or benefit |
8 | | interests of the State.
|
9 | | The chairperson of the Board shall be selected by the Board |
10 | | from among the
public members.
|
11 | | (c) (Blank). The Board has the authority to do the |
12 | | following:
|
13 | | (1) Cooperate with the Department and review and |
14 | | approve an agrichemical
facility remediation program as |
15 | | outlined in the handbook or manual as set forth
in |
16 | | subdivision (d)(8) of this Section.
|
17 | | (2) Review and give final approval to each agrichemical |
18 | | facility
corrective
action plan.
|
19 | | (3) Approve any changes to an agrichemical facility's |
20 | | corrective action
plan that may be necessary.
|
21 | | (4) Upon completion of the corrective action plan, |
22 | | recommend to the
Department that the site-specific cleanup |
23 | | objectives have been met and that a
notice of closure be |
24 | | issued by the Department stating that no further remedial
|
25 | | action is required to remedy the past agrichemical
|
26 | | contamination.
|
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1 | | (5) When a soil agrichemical contaminant assessment
|
2 | | confirms that remedial
action
is not required in accordance |
3 | | with the Agrichemical Facility Response Action
Program, |
4 | | recommend that a notice of closure be issued by the |
5 | | Department stating
that no
further remedial action is |
6 | | required to remedy the past agrichemical
contamination.
|
7 | | (6) Periodically review the Department's |
8 | | administration of the
Agrichemical Incident Response Trust |
9 | | Fund and actions taken with respect to the
Fund. The Board |
10 | | shall also provide advice to the Interagency Committee on
|
11 | | Pesticides regarding the proper handling of agrichemical |
12 | | incidents at
agrichemical facilities in Illinois.
|
13 | | (d) The Director has the authority to do the following:
|
14 | | (1) When requested by the owner or operator of an |
15 | | agrichemical
facility, may investigate the agrichemical |
16 | | facility site contamination.
|
17 | | (2) After completion of the investigation under item |
18 | | subdivision (d) (1) of this
subsection Section , recommend |
19 | | to the owner or operator of an
agrichemical facility that a
|
20 | | voluntary assessment be made of the soil agrichemical
|
21 | | contaminant when there is
evidence that the evaluation of |
22 | | risk indicates that
groundwater could be
adversely |
23 | | impacted.
|
24 | | (3) Review and make recommendations on any corrective |
25 | | action plan
submitted by the owner or operator of an |
26 | | agrichemical facility to the Board for
final approval .
|
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1 | | (4) On approval by the Director Board , issue an order |
2 | | to the owner or operator of
an
agrichemical facility that |
3 | | has filed a voluntary corrective action plan that
the owner |
4 | | or operator may proceed with that plan.
|
5 | | (5) Provide remedial project oversight and , monitor |
6 | | remedial work progress ,
and
report to the Board on the |
7 | | status of remediation projects .
|
8 | | (6) Provide staff to support program the activities of |
9 | | the Board .
|
10 | | (7) (Blank). Take appropriate action on the Board's |
11 | | recommendations regarding
policy
needed to carry out the |
12 | | Board's responsibilities under this Section.
|
13 | | (8) Incorporate In cooperation with the Board, |
14 | | incorporate the following into a
handbook or manual: the |
15 | | procedures for site assessment; pesticide constituents
of |
16 | | concern and associated parameters; guidance on remediation |
17 | | techniques, land
application, and corrective action plans; |
18 | | and other information or instructions
that the Department |
19 | | may find necessary.
|
20 | | (9) Coordinate preventive response actions at |
21 | | agrichemical facilities
pursuant to the
Groundwater |
22 | | Quality Standards adopted pursuant to Section 8 of the |
23 | | Illinois
Groundwater Protection Act to mitigate resource |
24 | | groundwater impairment.
|
25 | | Upon completion of the corrective action plan and upon |
26 | | recommendation of
the Board , the Department shall issue a |
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1 | | notice of closure stating that
site-specific cleanup |
2 | | objectives have been met and no further remedial action
is |
3 | | required to remedy the past agrichemical contamination.
|
4 | | When a soil agrichemical contaminant assessment confirms
|
5 | | that remedial action
is not required in accordance with the |
6 | | Agrichemical Facility Response Action
Program and upon the |
7 | | recommendation of the Board , a notice of closure shall be
|
8 | | issued by the Department stating that no
further remedial |
9 | | action is required to remedy the past agrichemical
|
10 | | contamination.
|
11 | | (e) Upon receipt of notification of an agrichemical
|
12 | | contaminant in
groundwater pursuant to the Groundwater Quality |
13 | | Standards, the Department shall
evaluate the severity of the |
14 | | agrichemical contamination and
shall submit to the
|
15 | | Environmental Protection Agency an informational notice |
16 | | characterizing it as
follows:
|
17 | | (1) An agrichemical contaminant in Class I or Class III
|
18 | | groundwater has
exceeded
the levels of a standard adopted |
19 | | pursuant to the Illinois Groundwater
Protection Act or a |
20 | | health advisory established by the Illinois Environmental
|
21 | | Protection Agency or the United States Environmental |
22 | | Protection Agency; or
|
23 | | (2) An agrichemical has been detected at a level that
|
24 | | requires
preventive notification pursuant to a standard |
25 | | adopted pursuant to the Illinois
Groundwater Protection |
26 | | Act.
|
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1 | | (f) When agrichemical contamination is characterized as in
|
2 | | subsection subdivision (e)(1) of this Section, a facility may |
3 | | elect to participate in the
Agrichemical Facility
Response |
4 | | Action Program. In these instances, the scope of the corrective
|
5 | | action plans developed, approved, and completed under this |
6 | | program shall be
limited to the soil agrichemical
contamination |
7 | | present at the site unless implementation of the plan is
|
8 | | coordinated with the Illinois Environmental Protection Agency |
9 | | as follows:
|
10 | | (1) Upon receipt of notice of intent to include |
11 | | groundwater in an action
by a facility, the Department |
12 | | shall also
notify the Illinois Environmental Protection |
13 | | Agency.
|
14 | | (2) Upon receipt of the corrective action plan, the |
15 | | Department shall
coordinate a joint review of the plan with |
16 | | the Illinois Environmental
Protection Agency.
|
17 | | (3) The Illinois Environmental Protection Agency may |
18 | | provide a written
endorsement of the corrective action |
19 | | plan.
|
20 | | (4) The Illinois Environmental Protection Agency may |
21 | | approve a
groundwater
management zone for a period
of 5 |
22 | | years after the implementation of the corrective action |
23 | | plan to allow for
groundwater impairment mitigation |
24 | | results.
|
25 | | (5) (Blank). The Department, in cooperation with the |
26 | | Illinois Environmental
Protection Agency, shall recommend |
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1 | | a proposed corrective action plan to the
Board for final |
2 | | approval to proceed with remediation. The recommendation |
3 | | shall
be based on the joint review conducted under |
4 | | subdivision (f)(2) of this
Section and the status of any |
5 | | endorsement issued under subdivision (f)(3) of
this |
6 | | Section.
|
7 | | (6) The Department, in cooperation with the Illinois |
8 | | Environmental
Protection Agency, shall provide remedial |
9 | | project oversight, monitor remedial
work progress , and |
10 | | report to the Board on the status of the remediation
|
11 | | project .
|
12 | | (7) The Department shall, upon completion of the |
13 | | corrective action plan
and recommendation of the Board , |
14 | | issue a notice of closure stating that no
further remedial |
15 | | action is required to remedy the past agrichemical
|
16 | | contamination.
|
17 | | (g) When an owner or operator of an agrichemical facility |
18 | | initiates a soil
contamination assessment on the owner's or |
19 | | operator's own volition and
independent of any requirement |
20 | | under this Section 19.3, information
contained in that |
21 | | assessment may be held as confidential information by the
owner |
22 | | or operator of the facility.
|
23 | | (h) Except as otherwise provided by Department rule, on and |
24 | | after the effective date of this amendatory Act of the 98th |
25 | | General Assembly, any Agrichemical Facility Response Action |
26 | | Program requirement that may be satisfied by an industrial |
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1 | | hygienist licensed pursuant to the Industrial Hygienists |
2 | | Licensure Act repealed in this amendatory Act may be satisfied |
3 | | by a Certified Industrial Hygienist certified by the American |
4 | | Board of Industrial Hygiene. |
5 | | (Source: P.A. 98-78, eff. 7-15-13.)
|
6 | | (415 ILCS 60/22.2) (from Ch. 5, par. 822.2)
|
7 | | Sec. 22.2.
(a) There is hereby created a trust fund in
the |
8 | | State Treasury to be known as
the Agrichemical Incident |
9 | | Response Trust Fund. Any funds received by
the Director of |
10 | | Agriculture from the mandates of Section 13.1 shall be
|
11 | | deposited with the Treasurer as ex-officio custodian and held |
12 | | separate and
apart from any public money of this State, with |
13 | | accruing interest on
the trust funds deposited into the trust |
14 | | fund. Disbursement from the fund
for purposes as set forth in |
15 | | this Section shall be by voucher ordered by
the Director and |
16 | | paid by a warrant drawn by the State Comptroller and
|
17 | | countersigned by the State Treasurer. The Director shall order
|
18 | | disbursements from the Agrichemical Incident Response Trust |
19 | | Fund only for
payment of the expenses authorized by this Act. |
20 | | Monies in this trust fund
shall not be subject
to appropriation |
21 | | by the General Assembly but shall be subject to audit by
the |
22 | | Auditor General. Should the program be terminated, all |
23 | | unobligated
funds in the trust fund shall be transferred to a |
24 | | trust fund to be used for
purposes as originally intended or be |
25 | | transferred to the Pesticide Control
Fund. Interest earned on |
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1 | | the Fund shall
be deposited in the Fund. Monies in the Fund may |
2 | | be used
by the Department of Agriculture for the following |
3 | | purposes:
|
4 | | (1) for payment of costs of response action incurred by |
5 | | owners or
operators of agrichemical facilities as provided |
6 | | in Section 22.3 of this Act;
|
7 | | (2) for the Department to take emergency action in |
8 | | response to a
release of agricultural pesticides from an |
9 | | agrichemical facility that has
created an imminent threat |
10 | | to public health or the environment;
|
11 | | (3) for the costs of administering its activities |
12 | | relative to the Fund
as delineated in subsections (b) and |
13 | | (c) of this Section; and
|
14 | | (4) for the Department to:
|
15 | | (A) (blank); and reimburse members of the |
16 | | Agrichemical Facility Response Action
Program Board |
17 | | for their expenses incurred in performing their duties |
18 | | as defined
under Section 19.3 of this Act; and
|
19 | | (B) administer provide staff to support the |
20 | | activities of the Agrichemical Facility
Response |
21 | | Action Program Board .
|
22 | | The total annual expenditures from the Fund for these |
23 | | purposes under this
paragraph (4) shall not be more than |
24 | | $120,000, and no expenditure from the Fund
for these |
25 | | purposes shall be made when the Fund balance becomes less |
26 | | than
$750,000.
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1 | | (b) The action undertaken shall be such as may be necessary |
2 | | or
appropriate to protect human health or the environment.
|
3 | | (c) The Director of Agriculture is authorized to enter into |
4 | | contracts
and agreements as may be necessary to carry out the |
5 | | Department's duties
under this Section.
|
6 | | (d) Neither the State, the Director, nor any State employee |
7 | | shall be
liable for any damages or injury arising out of or |
8 | | resulting from any
action taken under this Section.
|
9 | | (e) (Blank). On a quarterly basis, the Department shall |
10 | | advise and consult with
the Agrichemical Facility Response |
11 | | Action Program Board as to the Department's
administration of |
12 | | the Fund.
|
13 | | (Source: P.A. 89-94, eff. 7-6-95.)
|
14 | | Section 135. The Hazardous Material Emergency Response |
15 | | Reimbursement Act is amended by changing Sections 3, 4, and 5 |
16 | | as follows:
|
17 | | (430 ILCS 55/3) (from Ch. 127 1/2, par. 1003)
|
18 | | Sec. 3. Definitions. As used in this Act:
|
19 | | (a) "Emergency action" means any action taken at or near |
20 | | the scene of a
hazardous materials emergency incident to |
21 | | prevent or minimize harm to human
health, to property, or to |
22 | | the environments from the unintentional release
of a hazardous |
23 | | material.
|
24 | | (b) "Emergency response agency" means a unit of local
|
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1 | | government, volunteer fire protection organization, or the |
2 | | American Red Cross that provides:
|
3 | | (1) firefighting services;
|
4 | | (2) emergency rescue services;
|
5 | | (3) emergency medical services;
|
6 | | (4) hazardous materials response teams;
|
7 | | (5) civil defense;
|
8 | | (6) technical rescue teams; or
|
9 | | (7) mass care or assistance to displaced persons.
|
10 | | (c) "Responsible party" means a person who:
|
11 | | (1) owns or has custody of hazardous material that is |
12 | | involved in an
incident requiring emergency action by an |
13 | | emergency response agency; or
|
14 | | (2) owns or has custody of bulk or non-bulk packaging |
15 | | or a transport
vehicle that contains hazardous material |
16 | | that is involved in an incident
requiring emergency action |
17 | | by an emergency response agency; and
|
18 | | (3) who causes or substantially contributed to the |
19 | | cause of the incident.
|
20 | | (d) "Person" means an individual, a corporation, a |
21 | | partnership, an
unincorporated association, or any unit of |
22 | | federal, State or local government.
|
23 | | (e) "Annual budget" means the cost to operate an emergency |
24 | | response
agency excluding personnel costs, which include |
25 | | salary, benefits and
training expenses; and costs to acquire |
26 | | capital equipment including
buildings, vehicles and other such |
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1 | | major capital cost items.
|
2 | | (f) "Hazardous material" means a substance or material in a |
3 | | quantity and
form determined by the United States Department of |
4 | | Transportation to be
capable of posing an unreasonable risk to |
5 | | health and safety or property
when transported in commerce.
|
6 | | (g) "Fund" means the Fire Prevention Fund "Panel" means |
7 | | administrative panel .
|
8 | | (Source: P.A. 93-159, eff. 1-1-04; 94-96, eff. 1-1-06.)
|
9 | | (430 ILCS 55/4) (from Ch. 127 1/2, par. 1004)
|
10 | | Sec. 4. Establishment. The Emergency Response |
11 | | Reimbursement Fund in
the State Treasury, hereinafter called |
12 | | the Fund, is
hereby created. Appropriations shall be made from |
13 | | the general revenue fund
to the Fund. Monies in the Fund shall |
14 | | be used as provided in this Act.
|
15 | | The Emergency Response Reimbursement Fund is dissolved as |
16 | | of the effective date of this amendatory Act of the 98th |
17 | | General Assembly. Any moneys remaining in the fund shall be |
18 | | transferred to the Fire Prevention Fund. |
19 | | (Source: P.A. 86-972.)
|
20 | | (430 ILCS 55/5) (from Ch. 127 1/2, par. 1005)
|
21 | | Sec. 5. Reimbursement to agencies.
|
22 | | (a) It shall be the duty of the responsible party to |
23 | | reimburse, within 60 days after the receipt of a bill for the |
24 | | hazardous material emergency incident, the emergency response |
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1 | | agencies responding to
a hazardous material emergency |
2 | | incident, and any private contractor
responding to the incident |
3 | | at the request of an emergency response agency,
for the costs |
4 | | incurred in the course of providing emergency action.
|
5 | | (b) In the event that the emergency response agencies are |
6 | | not reimbursed
by a responsible party as required under |
7 | | subsection (a), monies in the Fund , subject to appropriation, |
8 | | shall be used to reimburse the emergency response agencies
|
9 | | providing emergency action at or near the scene of a hazardous |
10 | | materials
emergency incident subject to the following |
11 | | limitations:
|
12 | | (1) Cost recovery from the Fund is limited to |
13 | | replacement of expended
materials including, but not |
14 | | limited to, specialized firefighting
foam, damaged hose or |
15 | | other reasonable and necessary supplies.
|
16 | | (2) The applicable cost of supplies must exceed 2% of |
17 | | the
emergency response agency's annual budget.
|
18 | | (3) A minimum of $500 must have been expended.
|
19 | | (4) A maximum of $10,000 may be requested per incident.
|
20 | | (5) The response was made to an incident involving |
21 | | hazardous materials
facilities such as rolling stock which |
22 | | are not in a terminal and which are
not included on the |
23 | | property tax roles for the jurisdiction where the
incident |
24 | | occurred.
|
25 | | (c) Application for reimbursement from the Fund shall be
|
26 | | made to the State Fire Marshal or his designee. The State Fire |
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1 | | Marshal
shall, through rulemaking, promulgate a standard form |
2 | | for such application.
The State Fire Marshal shall adopt rules |
3 | | for the administration of
this Act.
|
4 | | (d) Claims against the Fund shall be reviewed by the |
5 | | Illinois Fire Advisory Commission at its normally scheduled |
6 | | meetings, as the claims are received. The Commission shall be |
7 | | responsible for: |
8 | | (1) reviewing claims made against the Fund and |
9 | | determining reasonable and necessary expenses to be |
10 | | reimbursed for an emergency response agency: |
11 | | (2) affirming that the emergency response agency has |
12 | | made a reasonable effort to recover expended costs from |
13 | | involved parties; and |
14 | | (3) advising the State Fire Marshal as to those claims |
15 | | against the Fund which merit reimbursement. |
16 | | (e) The State Fire Marshal shall either accept or reject |
17 | | the Commission's recommendations as to a claim's eligibility. |
18 | | The eligibility decision of the State Fire Marshal shall be a |
19 | | final administrative decision, and may be reviewed as provided |
20 | | under the Administrative Review Law. |
21 | | (Source: P.A. 93-989, eff. 1-1-05.)
|
22 | | (430 ILCS 55/7 rep.)
|
23 | | Section 140. The Hazardous Material Emergency Response |
24 | | Reimbursement Act is amended by repealing Section 7.
|
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1 | | (510 ILCS 15/1 rep.)
|
2 | | Section 145. The Animal Gastroenteritis Act is amended by |
3 | | repealing Section 1. |
4 | | Section 150. The Illinois Pseudorabies Control Act is |
5 | | amended by changing Section 5.1 as follows:
|
6 | | (510 ILCS 90/5.1) (from Ch. 8, par. 805.1)
|
7 | | Sec. 5.1. Pseudorabies Advisory Committee. Upon the |
8 | | detection of pseudorabies within the State, the The Director of |
9 | | Agriculture
is authorized to establish
within the Department an |
10 | | advisory committee to be known as the Pseudorabies
Advisory |
11 | | Committee. The Committee Such committee shall consist of, but |
12 | | not be limited
to, representatives of swine producers, general |
13 | | swine organizations within
the State, licensed veterinarians, |
14 | | general farm organizations, auction
markets, the packing |
15 | | industry and the University of Illinois. Members of the |
16 | | Committee shall only be appointed and meet during the timeframe |
17 | | of the detection. The Director
shall, from time to time, |
18 | | consult with the Pseudorabies Advisory Committee
on changes in |
19 | | the pseudorabies control program.
|
20 | | The Director shall appoint a Technical Committee from the |
21 | | membership of
the Pseudorabies Advisory Committee, which shall |
22 | | be comprised of a
veterinarian, a swine extension specialist, |
23 | | and a pork producer. This
committee shall serve as resource |
24 | | persons for the technical aspects of the
herd plans and may |
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1 | | advise the Department on procedures to be followed,
timetables |
2 | | for accomplishing the elimination of infection, assist in
|
3 | | obtaining cooperation from swine herd owners, and recommend |
4 | | adjustments in
the approved herd plan as necessary.
|
5 | | These Committee members shall be entitled to reimbursement |
6 | | of
all necessary and actual expenses incurred in the |
7 | | performance of their duties.
|
8 | | (Source: P.A. 89-154, eff. 7-19-95.)
|
9 | | (525 ILCS 25/10 rep.) |
10 | | Section 155. The Illinois Lake Management Program Act is |
11 | | amended by repealing Section 10.
|
12 | | (815 ILCS 325/6 rep.) |
13 | | Section 160. The Recyclable Metal Purchase Registration |
14 | | Law is amended by repealing Section 6. |
15 | | Section 995. Illinois Compiled Statutes reassignment. |
16 | | The Legislative Reference Bureau shall reassign the |
17 | | following Act to the specified location in the Illinois |
18 | | Compiled Statutes and file appropriate documents with the Index |
19 | | Division of the Office of the Secretary of State in accordance |
20 | | with subsection (c) of Section 5.04 of the Legislative |
21 | | Reference Bureau Act: |
22 | | Illinois Commission on Volunteerism and Community |
23 | | Service Act, reassigned from 20 ILCS 710/ to 20 ILCS 2330/.
|