| ||||
Public Act 098-0692 | ||||
| ||||
| ||||
AN ACT concerning State government.
| ||||
Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
| ||||
Section 5. The Illinois Governmental Ethics Act is amended | ||||
by changing Section 3A-40 as follows: | ||||
(5 ILCS 420/3A-40) | ||||
Sec. 3A-40. Appointees with expired terms; temporary and | ||||
acting appointees. | ||||
(a) A person who is nominated by the Governor on or after | ||||
August 26, 2011 (the effective date of Public Act 97-582) for | ||||
any affected office to which appointment requires the advice | ||||
and consent of the Senate, who is appointed pursuant to that | ||||
advice and consent, and whose term of office expires on or | ||||
after August 26, 2011 shall not continue in office longer than | ||||
60 calendar days after the expiration of that term of office. | ||||
After that 60th day, each such office is considered vacant and | ||||
shall be filled only pursuant to the law applicable to making | ||||
appointments to that office, subject to the provisions of this
| ||||
Section. | ||||
A person who has been nominated by the Governor before | ||||
August 26, 2011 (the effective date of Public Act 97-582) for | ||||
any affected office to which appointment requires the advice | ||||
and consent of the Senate, who has been appointed pursuant to |
that advice and consent, and whose term of office has expired | ||
shall not continue in office longer than 60 calendar days after | ||
the date upon which his or her term of office has expired. | ||
After that 60 days, each such office is considered vacant and | ||
shall be filled only pursuant to the law applicable to making | ||
appointments to that office, subject to the provisions of this | ||
Section. If the term of office of a person who is subject to | ||
this paragraph expires more than 60 calendar days prior to the | ||
effective date of this amendatory Act of the 97th General | ||
Assembly, then that office is considered vacant on the | ||
effective date of this amendatory Act of the 97th General | ||
Assembly, and that vacancy shall be filled only pursuant to the | ||
law applicable to making appointments to that office. For the | ||
purposes of this subsection (a), "affected office" means (i) an | ||
office in which one receives any form of compensation, | ||
including salary or per diem, but not including expense | ||
reimbursement, or (ii) membership on the board of trustees of a | ||
public university. | ||
(b) A person who is appointed by the Governor on or after | ||
August 26, 2011 (the effective date of Public Act 97-582) to | ||
serve as a temporary appointee during a recess of the Senate , | ||
pursuant to Article V, Section 9(b) of the Illinois | ||
Constitution or any other applicable statute, to any office to | ||
which appointment requires the advice and consent of the Senate | ||
shall not continue in office after the next meeting of the | ||
Senate unless the Governor has filed a message with the |
Secretary of the Senate nominating that person to fill that | ||
office on or before that meeting date. After that meeting date, | ||
each such office is considered vacant and shall be filled only | ||
pursuant to the law applicable to making appointments to that | ||
office, subject to the provisions of this
Section. Any
| ||
temporary appointment made pursuant to subsection (b) of | ||
Section 9 of Article V
of the Illinois Constitution or any | ||
applicable statute shall be
filed with the Secretary of State | ||
and the Secretary of the
Senate. The form of the temporary | ||
appointment message shall be
established by the Senate under | ||
its rules. | ||
A person who has been appointed by the Governor before | ||
August 26, 2011 (the effective date of Public Act 97-582) to | ||
serve as a temporary appointee, pursuant to Article V, Section | ||
9(b) of the Illinois Constitution or any other applicable | ||
statute, to any office to which appointment requires the advice | ||
and consent of the Senate shall not continue in office after | ||
August 26, 2011 or the next meeting of the Senate after August | ||
26, 2011, as applicable, unless the Governor has filed a | ||
message with the Secretary of the Senate nominating that person | ||
to fill that office on or before the next meeting of the Senate | ||
after that temporary appointment was made. After that effective | ||
date or meeting date, as applicable, each such office is | ||
considered vacant and shall be filled only pursuant to the law | ||
applicable to making appointments to that office, subject to | ||
the provisions of this Section. |
For the purposes of this subsection (b), a meeting of the | ||
Senate does not include a perfunctory session day as designated | ||
by the Senate under its rules. For the purposes of this
| ||
subsection (b), the Senate is in recess on a day in which it is
| ||
not in session and does not include a perfunctory session day
| ||
as designated by the Senate under its rules. | ||
(c) A person who is designated by the Governor on or after | ||
August 26, 2011 (the effective date of Public Act 97-582) to | ||
serve as an acting appointee to any office to which appointment | ||
requires the advice and consent of the Senate shall not | ||
continue in office more than 60 calendar days unless the | ||
Governor files a message with the Secretary of the Senate | ||
nominating that person to fill that office within that 60 days. | ||
After that 60 days, each such office is considered vacant and | ||
shall be filled only pursuant to the law applicable to making | ||
appointments to that office, subject to the provisions of this
| ||
Section. The Governor shall file with the Secretary of the | ||
Senate the name of any person who the Governor designates as an | ||
acting appointee under this Section. The form of the message | ||
designating an appointee as acting shall be established by the | ||
Senate under its rules. No person who has been designated by | ||
the Governor to serve as an acting appointee to any office to | ||
which appointment requires the advice and consent of the Senate | ||
shall, except at the Senate's request, be designated again as | ||
an acting appointee for that office at the same session of that | ||
Senate, subject to the provisions of this Section. |
A person who has been designated by the Governor before | ||
August 26, 2011 (the effective date of Public Act 97-582) to | ||
serve as an acting appointee to any office to which appointment | ||
requires the advice and consent of the Senate shall not | ||
continue in office longer than 60 calendar days after August | ||
26, 2011 unless the Governor has filed a message with the | ||
Secretary of the Senate nominating that person to fill that | ||
office on or before that 60 days. After that 60 days, each such | ||
office is considered vacant and shall be filled only pursuant | ||
to the law applicable to making appointments to that office, | ||
subject to the provisions of this Section. No person who has | ||
been designated by the Governor to serve as an acting appointee | ||
to any office to which appointment requires the advice and | ||
consent of the Senate shall, except at the Senate's request, be | ||
designated again as an acting appointee for that office at the | ||
same session of that Senate, subject to the provisions of this | ||
Section. | ||
During the term of a General Assembly, the Governor may not | ||
designate a person to serve as an acting appointee to any | ||
office to which appointment requires the advice and consent of | ||
the Senate if that person's nomination to serve as the | ||
appointee for the same office was rejected by the Senate of the | ||
same General Assembly. | ||
For the purposes of this subsection (c), "acting appointee" | ||
means a person designated by the Governor to serve as an acting | ||
director or acting secretary pursuant to Section 5-605 of the |
Civil Administrative Code of Illinois. "Acting appointee" also | ||
means a person designated by the Governor pursuant to any other | ||
statute to serve as an acting holder of any office, to execute | ||
the duties and functions of any office, or both. | ||
(d) The provisions of this Section apply notwithstanding | ||
any law to the contrary. However, the provisions of this | ||
Section do not apply to appointments made under Article 1A of | ||
the Election Code or to the appointment of any person to serve | ||
as Director of the Illinois Power Agency.
| ||
(Source: P.A. 97-582, eff. 8-26-11; 97-719, eff. 6-29-12.) | ||
Section 10. The Personnel Code is amended by changing | ||
Section 9 as follows:
| ||
(20 ILCS 415/9) (from Ch. 127, par. 63b109)
| ||
Sec. 9. Director, powers and duties. The Director, as | ||
executive
head of the Department, shall direct and supervise | ||
all its
administrative and technical activities. In addition to | ||
the duties
imposed upon him elsewhere in this law, it shall be | ||
his duty:
| ||
(1) To apply and carry out this law and the rules adopted
| ||
thereunder.
| ||
(2) To attend meetings of the Commission.
| ||
(3) To establish and maintain a roster of all employees | ||
subject to
this Act, in which there shall be set forth, as to | ||
each employee, the
class, title, pay, status, and other |
pertinent data.
| ||
(4) To appoint, subject to the provisions of this Act, such
| ||
employees of the Department and such experts and special | ||
assistants as
may be necessary to carry out effectively this | ||
law.
| ||
(5) Subject to such exemptions or modifications as may be | ||
necessary
to assure the continuity of federal contributions in | ||
those agencies
supported in whole or in part by federal funds, | ||
to make appointments to
vacancies; to approve all written | ||
charges seeking discharge, demotion,
or other disciplinary | ||
measures provided in this Act and to approve
transfers of | ||
employees from one geographical area to another in the
State, | ||
in offices, positions or places of employment covered by this
| ||
Act, after consultation with the operating unit.
| ||
(6) To formulate and administer service wide policies and | ||
programs
for the improvement of employee effectiveness, | ||
including training,
safety, health, incentive recognition, | ||
counseling, welfare and employee
relations. The Department | ||
shall formulate and administer recruitment
plans and testing of | ||
potential employees for agencies having direct
contact with | ||
significant numbers of non-English speaking or otherwise
| ||
culturally distinct persons. The Department shall require each | ||
State agency
to annually assess the need for employees with | ||
appropriate bilingual
capabilities to serve the significant | ||
numbers of non-English speaking or
culturally distinct | ||
persons. The Department shall develop a uniform
procedure for |
assessing an agency's need for employees with appropriate
| ||
bilingual capabilities. Agencies shall establish occupational | ||
titles or
designate positions as "bilingual option" for persons | ||
having sufficient
linguistic ability or cultural knowledge to | ||
be able to render effective
service to such persons. The | ||
Department shall ensure that any such option
is exercised | ||
according to the agency's needs assessment and the
requirements | ||
of this Code. The Department shall make annual reports of the
| ||
needs assessment of each agency and the number of positions | ||
calling for
non-English linguistic ability to whom vacancy | ||
postings were sent, and the
number filled by each agency. Such | ||
policies and programs shall be subject
to approval by the | ||
Governor. Such policies, program reports and needs
assessment | ||
reports shall be filed with the General Assembly
by January 1 | ||
of each year and shall be available to the public.
| ||
The Department shall include within the report required | ||
above
the number of persons receiving the bilingual pay | ||
supplement established by
Section 8a.2 of this Code. The report | ||
shall provide the number of persons
receiving the bilingual pay | ||
supplement for languages other than English and for
signing. | ||
The report shall also indicate the number of persons, by the
| ||
categories of Hispanic and non-Hispanic, who are receiving the | ||
bilingual pay
supplement for language skills other than | ||
signing, in a language other than
English.
| ||
(7) To conduct negotiations affecting pay, hours of work, | ||
or other
working conditions of employees subject to this Act.
|
(8) To make continuing studies to improve the efficiency of | ||
State
services to the residents of Illinois, including but not | ||
limited to those
who are non-English speaking or culturally | ||
distinct, and to report his
findings and recommendations to the | ||
Commission and the Governor.
| ||
(9) To investigate from time to time the operation and | ||
effect of
this law and the rules made thereunder and to report | ||
his findings and
recommendations to the Commission and to the
| ||
Governor.
| ||
(10) To make an annual report regarding the work of the | ||
Department,
and such special reports as he may consider | ||
desirable, to the Commission
and to the Governor, or as the | ||
Governor or Commission may request.
| ||
(11) (Blank). To conduct research and planning regarding | ||
the total manpower
needs of all offices, including the | ||
Lieutenant Governor, Secretary of
State, State Treasurer, | ||
State Comptroller, State Superintendent of
Education, and | ||
Attorney General, and of all departments, agencies,
boards, and | ||
commissions of the executive branch, except state-supported
| ||
colleges and universities, and for that purpose to prescribe | ||
forms for
the reporting of such personnel information as the | ||
department may
request both for positions covered by this Act | ||
and for those exempt in
whole or in part.
| ||
(12) To prepare and publish a semi-annual statement showing | ||
the
number of employees exempt and non-exempt from merit | ||
selection in each
department. This report shall be in addition |
to other information on
merit selection maintained for public | ||
information under existing law.
| ||
(13) To authorize in every department or agency subject to
| ||
Jurisdiction C the use of flexible hours positions. A flexible | ||
hours
position is one that does not require an ordinary work | ||
schedule as
determined by the Department and includes but is | ||
not limited to: 1) a
part time job of 20 hours or more per week, | ||
2) a job which is shared by
2 employees or a compressed work | ||
week consisting of an ordinary number
of working hours | ||
performed on fewer than the number of days ordinarily
required | ||
to perform that job. The Department may define flexible time
to | ||
include other types of jobs that are defined above.
| ||
The Director and the director of each department or agency | ||
shall
together establish goals for flexible hours positions to | ||
be available in
every department or agency.
| ||
The Department shall give technical assistance to | ||
departments and
agencies in achieving their goals, and shall | ||
report to the Governor and
the General Assembly each year on | ||
the progress of each department and
agency.
| ||
When a goal of 10% of the positions in a department or | ||
agency being
available on a flexible hours basis has been | ||
reached, the Department
shall evaluate the effectiveness and | ||
efficiency of the program and
determine whether to expand the | ||
number of positions available for
flexible hours to 20%.
| ||
When a goal of 20% of the positions in a department or | ||
agency being
available on a flexible hours basis has been |
reached, the Department
shall evaluate the effectiveness and | ||
efficiency of the program and
determine whether to expand the | ||
number of positions available for
flexible hours.
| ||
Each department shall develop a plan for implementation of | ||
flexible
work requirements designed to reduce the need for day | ||
care of employees'
children outside the home. Each department | ||
shall submit a report of its
plan to the Department of Central | ||
Management Services and the General
Assembly. This report shall | ||
be submitted biennially by March 1, with the
first report due | ||
March 1, 1993.
| ||
(14) To perform any other lawful acts which he may consider
| ||
necessary or desirable to carry out the purposes and provisions | ||
of this
law.
| ||
The requirement for reporting to the General Assembly shall | ||
be satisfied
by filing copies of the report with the Speaker, | ||
the Minority Leader and
the Clerk of the House of | ||
Representatives and the President, the Minority
Leader and the | ||
Secretary of the Senate and the Legislative Research
Unit, as | ||
required by Section 3.1 of "An Act to revise the law in | ||
relation
to the General Assembly", approved February 25, 1874, | ||
as amended, and
filing such additional copies with the State | ||
Government Report Distribution
Center for the General Assembly | ||
as is required under paragraph (t) of
Section 7 of the State | ||
Library Act.
| ||
(Source: P.A. 86-1004; 87-552; 87-1050.)
|
(20 ILCS 605/605-345 rep.)
| ||
Section 15. The Department of Commerce and Economic | ||
Opportunity Law of the
Civil Administrative Code of Illinois is | ||
amended by repealing Section 605-345. | ||
Section 20. The Illinois Commission on Volunteerism and | ||
Community Service Act is amended by changing Sections 1, 2, 4, | ||
5.1, 6.1, and 7 and by adding Sections 4.1 and 4.2 as follows:
| ||
(20 ILCS 710/1) (from Ch. 127, par. 3801)
| ||
Sec. 1. Creation. There is created in the Department of | ||
Public Health Human Services the
Illinois Commission on | ||
Volunteerism and Community
Service.
| ||
(Source: P.A. 91-798, eff. 7-9-00.)
| ||
(20 ILCS 710/2) (from Ch. 127, par. 3802)
| ||
Sec. 2. Purpose. The purpose of the Illinois Commission on
| ||
Volunteerism and Community Service is to promote and support | ||
community
service in public and
private programs to meet the | ||
needs of Illinois residents citizens ; to stimulate new
| ||
volunteerism and community service initiatives and | ||
partnerships; and to
serve as a resource and advocate among all | ||
State agencies within the Department of Human Services for
| ||
community service agencies, volunteers, and programs which
| ||
utilize federal, State , and private volunteers.
| ||
(Source: P.A. 91-798, eff. 7-9-00.)
|
(20 ILCS 710/4) (from Ch. 127, par. 3804)
| ||
Sec. 4. Operation. The
Governor shall appoint a Director
of | ||
the Commission on Volunteerism and Community
Service who shall
| ||
serve
at the Governor's pleasure
and who shall receive such | ||
compensation
as is determined by
the Governor. The Director | ||
shall
employ such staff as is necessary to
carry out the | ||
purpose of this Act. The Commission, working
in cooperation | ||
with State agencies, individuals, local groups, and
| ||
organizations
throughout the State, may undertake programs and | ||
activities which further the
purposes of this Act , including, | ||
but not limited to, the following:
| ||
(a) providing technical assistance to programs which | ||
depend upon
volunteers;
| ||
(b) initiating community service programs to meet
| ||
previously unmet needs in Illinois;
| ||
(c) promoting and coordinating efforts to expand and | ||
improve the
statewide community service network;
| ||
(d) recognizing outstanding community service
| ||
accomplishments;
| ||
(e) disseminating information to support community | ||
service programs and to
broaden community service
| ||
involvement throughout the State;
| ||
(f) implementing federally funded grant programs in | ||
Illinois such as the
National and Community Service Trust | ||
Act , as amended by the Serve America Act; .
|
(g) taking an active role in the State's emergency | ||
management plan to coordinate volunteers for disaster | ||
preparedness and response; | ||
(h) promoting intergenerational initiatives and | ||
efforts to promote inclusion among diverse populations; | ||
and | ||
(i) fostering an environment that promotes social | ||
innovation throughout the State. | ||
The Commission may receive and expend funds, grants and
| ||
services from any source for purposes reasonable and necessary | ||
to carry out a
coordinated plan of community service
throughout | ||
the State.
| ||
(Source: P.A. 91-798, eff. 7-9-00.)
| ||
(20 ILCS 710/4.1 new) | ||
Sec. 4.1. Illinois Service Education Award Grant. The | ||
Commission may, subject to appropriation, award an Illinois | ||
Service Education Award Grant to recipients of a national | ||
service educational award established under 42 U.S.C. 12602 and | ||
awarded by the Corporation for National Community Service. The | ||
grant must be awarded only as a partial matching grant.
An | ||
individual who successfully completes a required term of | ||
full-time national service in an approved national service | ||
position in this State may apply to receive an Illinois Service | ||
Education Award Grant. The Commission shall adopt rules to | ||
govern the process for applying for the grant and for |
determining the amount of the grant and any other rules | ||
necessary to implement and administer this Section. | ||
An Illinois Service Education Award Grant may be used for | ||
any of the following purposes: | ||
(1) To repay student loans associated with attending an | ||
Illinois institution of higher learning, as defined in the | ||
Higher Education Student Assistance Act. | ||
(2) To pay all or part of the cost of attendance at an | ||
Illinois institution of higher learning, as defined in the | ||
Higher Education Student Assistance Act. | ||
(3) To pay expenses incurred in participating in an | ||
approved Illinois school-to-work program. | ||
(4) Any other purpose for which the national service | ||
educational award may lawfully be used. | ||
(20 ILCS 710/4.2 new) | ||
Sec. 4.2. Receiving and expending funds. The Commission may | ||
receive and expend funds, grants, and services from any source | ||
for purposes reasonable and necessary to carry out a | ||
coordinated plan of community service throughout the State.
| ||
(20 ILCS 710/5.1)
| ||
Sec. 5.1. Commission. The Commission is established to | ||
encourage
community service and volunteer participation as a | ||
means of community and State
problem-solving; to promote and | ||
support voluntary resident citizen involvement in
government |
and private programs throughout the State; to develop a | ||
long-term,
comprehensive vision and plan of action for national | ||
volunteerism and
community service
initiatives in Illinois; | ||
and to serve as the State's liaison to national and
State | ||
organizations that support its mission.
| ||
The Commission shall consist of 15 to 25 bipartisan voting | ||
members and
up to 15
bipartisan nonvoting members. At least 25% | ||
of the members must be from
the City of Chicago.
| ||
The Governor shall appoint up to 25 voting members and up | ||
to 15
nonvoting members. Of
those initial 25 voting members, 10 | ||
shall serve for 3 years, 8 shall serve for
2 years, and 7 shall | ||
serve for one year. Voting members appointed by the
Governor | ||
shall include at least one representative of the following: an | ||
expert
in the education, training, and development needs of | ||
youth; an expert in philanthropy the chairman of the
City | ||
Colleges of a municipality having a population of more than 2 | ||
million ; a representative of
labor organizations; a | ||
representative of business; a representative of | ||
community-based the human services department of a | ||
municipality
with a population of more than 2 million; | ||
community based organizations; the
State Superintendent of | ||
Education; the Superintendent of Police of a
municipality | ||
having a population of more than 2 million; a youth between 16 | ||
and
25 years old who is a participant or supervisor in a | ||
community service program;
the President of a County Board of a | ||
county having a population of more than 3
million; an expert in |
older adult volunteerism; a representative of persons with | ||
disabilities the public health commissioner
of a municipality | ||
having a population of more than 2 million ; a representative of | ||
local government;
and a representative of a national service | ||
program. A representative of the
federal Corporation for | ||
National Service shall be appointed as a nonvoting
member.
| ||
Appointing authorities shall ensure, to the maximum extent | ||
practicable, that
the Commission is diverse with respect to | ||
race, ethnicity, age, gender,
geography, and disability. Not | ||
more than 50% of the Commission appointed by
the Governor may | ||
be from the same political party.
| ||
Subsequent voting members of the Commission shall serve | ||
3-year terms.
Commissioners must be allowed to serve until new | ||
commissioners are appointed
in order to maintain the federally | ||
required number of commissioners.
| ||
Each nonvoting member shall serve at the pleasure of the | ||
Governor.
| ||
Members of the Commission may not serve more than 3 | ||
consecutive
terms.
Vacancies shall be filled in the same manner | ||
as the original appointments and
any member so appointed shall | ||
serve during the remainder of the term for which
the vacancy | ||
occurred. The
members shall not receive any compensation but | ||
shall
be reimbursed for necessary expenses incurred in the | ||
performance of their
duties.
| ||
(Source: P.A. 91-798, eff. 7-9-00.)
|
(20 ILCS 710/6.1)
| ||
Sec. 6.1. Functions of Commission. The Commission shall | ||
meet at least
quarterly and shall advise and consult with the | ||
Department of Public Health and the Governor's Office Human
| ||
Services and the
Director on all matters relating to community | ||
service in Illinois. In
addition, the Commission shall have the | ||
following duties:
| ||
(a) prepare a 3-year State national and community
service | ||
plan, developed through an open,
public process and updated | ||
annually;
| ||
(b) prepare the financial assistance applications of the | ||
State under
the National and Community Service Trust Fund Act | ||
of 1993 , as amended by the Serve America Act ;
| ||
(c) assist in the preparation of the application by the | ||
State Board of
Education for assistance under that Act;
| ||
(d) prepare the State's application under that Act for the | ||
approval of
national service positions;
| ||
(e) assist in the provision of health care and child care | ||
benefits under
that Act;
| ||
(f) develop a State recruitment, placement, and | ||
information dissemination
system for participants in programs | ||
that receive assistance under the national
service laws;
| ||
(g) administer the State's grant program including | ||
selection, oversight, and
evaluation of grant recipients;
| ||
(h) make technical assistance available to enable | ||
applicants to plan and
implement service programs and to apply |
for assistance under the national
service laws;
| ||
(i) develop projects, training methods, curriculum | ||
materials, and other
activities related to service;
| ||
(j) coordinate its functions with any division of the | ||
federal
Corporation for National and Community Service | ||
outlined in the
National and Community Service Trust Fund Act | ||
of 1993 , as amended by the Serve America Act .
| ||
(k) publicize Commission services and promote community
| ||
involvement in the
activities of the Commission;
| ||
(l) promote increased visibility and support for | ||
volunteers of all ages,
especially youth and senior citizens,
| ||
and community
service in meeting the needs of Illinois | ||
residents citizens ; and
| ||
(m) represent the Department of Public Health and the | ||
Governor's Office Human Services on such occasions and in such | ||
manner as
the Department may provide.
| ||
(Source: P.A. 91-798, eff. 7-9-00.)
| ||
(20 ILCS 710/7)
| ||
Sec. 7. Program transfer. On the effective date of this | ||
amendatory Act of the 98th General Assembly this amendatory Act | ||
of the 91st General
Assembly , the
authority, powers, and duties | ||
in this Act of the Department of Human Services Commerce and
| ||
Community Affairs (now Department of Commerce and Economic | ||
Opportunity) are
transferred to the Department of Public Health | ||
Human Services .
|
(Source: P.A. 94-793, eff. 5-19-06.)
| ||
Section 25. The Energy Conservation and Coal Development | ||
Act is amended by changing Section 3 as follows:
| ||
(20 ILCS 1105/3) (from Ch. 96 1/2, par. 7403)
| ||
Sec. 3. Powers and Duties.
| ||
(a) In addition to its other powers, the Department has the | ||
following
powers:
| ||
(1) To administer for the State any energy programs and | ||
activities
under federal law, regulations or guidelines, | ||
and to coordinate such
programs and activities with other | ||
State agencies, units of local
government, and educational | ||
institutions.
| ||
(2) To represent the State in energy matters involving | ||
the federal
government, other states, units of local | ||
government, and regional
agencies.
| ||
(3) To prepare energy contingency plans for | ||
consideration by the
Governor and the General Assembly. | ||
Such plans shall include procedures
for determining when a | ||
foreseeable danger exists of energy shortages,
including | ||
shortages of petroleum, coal, nuclear power, natural gas, | ||
and
other forms of energy, and shall specify the actions to | ||
be taken to
minimize hardship and maintain the general | ||
welfare during such energy
shortages.
| ||
(4) To cooperate with State colleges and universities |
and their
governing boards in energy programs and | ||
activities.
| ||
(5) (Blank).
| ||
(6) To accept, receive, expend, and administer, | ||
including by
contracts and grants to other State agencies, | ||
any energy-related gifts,
grants, cooperative agreement | ||
funds, and other funds made available to
the Department by | ||
the federal government and other public and private
| ||
sources.
| ||
(7) To investigate practical problems, seek and | ||
utilize financial
assistance, implement studies and | ||
conduct research relating to the
production, distribution | ||
and use of alcohol fuels.
| ||
(8) To serve as a clearinghouse for information on | ||
alcohol production
technology; provide assistance, | ||
information and data relating to the production
and use of | ||
alcohol; develop informational packets and brochures, and | ||
hold
public seminars to encourage the development and | ||
utilization of the best
available technology.
| ||
(9) To coordinate with other State agencies in order to | ||
promote the
maximum flow of information and to avoid | ||
unnecessary overlapping of alcohol
fuel programs. In order | ||
to effectuate this goal, the Director of the
Department or | ||
his representative shall consult with the Directors, or | ||
their
representatives, of the Departments of Agriculture, | ||
Central Management
Services, Transportation, and Revenue, |
the
Office of the State Fire Marshal, and the Environmental | ||
Protection Agency.
| ||
(10) To operate, within the Department, an Office of | ||
Coal Development
and Marketing for the promotion and | ||
marketing of Illinois coal both
domestically and | ||
internationally. The Department may use monies | ||
appropriated
for this purpose for necessary administrative | ||
expenses.
| ||
The
Office of Coal Development and Marketing shall | ||
develop and implement an
initiative to assist the coal | ||
industry in Illinois to increase its share of the
| ||
international coal market.
| ||
(11) To assist the Department of Central Management | ||
Services in
establishing and maintaining a system to | ||
analyze and report energy
consumption of facilities leased | ||
by the Department of Central Management
Services.
| ||
(12) To consult with the Departments of Natural | ||
Resources and
Transportation and the Illinois | ||
Environmental
Protection Agency for the purpose of | ||
developing methods and standards that
encourage the | ||
utilization of coal combustion by-products as value added
| ||
products in productive and benign applications.
| ||
(13) To provide technical assistance and information | ||
to
sellers and distributors of storage hot water heaters | ||
doing business in
Illinois, pursuant to Section 1 of the | ||
Hot Water Heater Efficiency Act.
|
(b) (Blank).
| ||
(c) (Blank).
| ||
(d) The Department shall develop a package of educational | ||
materials
containing information regarding the necessity of | ||
waste reduction and recycling to reduce
dependence on landfills | ||
and to maintain environmental quality. The
Department shall | ||
make this information available to the public on its website | ||
and for schools to access for their development of materials . | ||
Those materials developed shall be suitable for instructional | ||
use in grades 3, 4
and 5. The Department shall distribute such | ||
instructional material to all
public elementary and unit school | ||
districts no later than November 1, of
each year.
| ||
(e) (Blank).
| ||
(f) (Blank).
| ||
(g) (Blank).
| ||
(h) (Blank).
| ||
(i) (Blank).
| ||
(Source: P.A. 98-44, eff. 6-28-13.)
| ||
(20 ILCS 2310/2310-373 rep.)
| ||
(20 ILCS 2310/2310-396 rep.)
| ||
Section 30. The Department of Public Health Powers and | ||
Duties Law of the
Civil Administrative Code of Illinois is | ||
amended by repealing Sections 2310-373 and 2310-396. | ||
Section 35. The Governor's Office of Management and Budget |
Act is amended by changing Section 7.3 as follows: | ||
(20 ILCS 3005/7.3) | ||
Sec. 7.3. Annual economic and fiscal policy report. No | ||
later than the 3rd business day in By January 1 of each year, | ||
the Governor's Office of Management and Budget shall submit an | ||
economic and fiscal policy report to the General Assembly. The | ||
report must outline the long-term economic and fiscal policy | ||
objectives of the State, the economic and fiscal policy | ||
intentions for the upcoming fiscal year, and the economic and | ||
fiscal policy intentions for the following 2 fiscal years. The | ||
report must highlight the total level of revenue, expenditure, | ||
deficit or surplus, and debt with respect to each of the | ||
reporting categories. The report must be posted on the Office's | ||
Internet website and allow members of the public to post | ||
comments concerning the report.
| ||
(Source: P.A. 96-1354, eff. 7-28-10.) | ||
Section 40. The Capital Spending Accountability Law is | ||
amended by changing Section 805 as follows: | ||
(20 ILCS 3020/805)
| ||
Sec. 805. Reports on capital spending. On the first day of | ||
each quarterly period in each fiscal year, the Governor's | ||
Office of Management and Budget shall provide to the | ||
Comptroller, the Treasurer, the President and the Minority |
Leader of the Senate, and the Speaker and the Minority Leader | ||
of the House of Representatives a report on the status of all | ||
capital projects in the State. The report may must be provided | ||
in both written and electronic format. The report must include | ||
all of the following: | ||
(1) A brief description or stated purpose of each | ||
capital project where applicable (as referred to in this | ||
Section, "project"). | ||
(2) The amount and source of funds (whether from bond | ||
funds or other revenues) appropriated for each project, | ||
organized into categories including roads, mass transit, | ||
schools, environment, civic centers and other categories | ||
as applicable (as referred to in this Section, "category or | ||
categories"), with subtotals for each category. | ||
(3) The date the appropriation bill relating to each | ||
project was signed by the Governor, organized into | ||
categories. | ||
(4) The date the written release of the Governor for | ||
each project was submitted to the Comptroller or is | ||
projected to be submitted and, if a release for any project | ||
has not been submitted within 6 months after its | ||
appropriation became law, an explanation why the project | ||
has not yet been released, all organized into categories. | ||
(5) The amount of expenditures to date by the State | ||
relating to each project and estimated amount of total | ||
State expenditures and proposed schedule of future State |
expenditures relating to each project, all organized into | ||
categories. | ||
(6) A timeline for completion of each project, | ||
including the dates, if applicable, of execution by the | ||
State of any grant agreement, any required engineering or | ||
design work or environmental approvals, and the estimated | ||
or actual dates of the start and completion of | ||
construction, all organized into categories. Any | ||
substantial variances on any project from this reported | ||
timeline must be explained in the next quarterly report. | ||
(7) A summary report of the status of all projects, | ||
including the amount of undisbursed funds intended to be | ||
held or used in the next quarter.
| ||
(Source: P.A. 96-34, eff. 7-13-09.) | ||
Section 45. The General Assembly Operations Act is amended | ||
by changing Section 2 as follows:
| ||
(25 ILCS 10/2) (from Ch. 63, par. 23.2)
| ||
Sec. 2.
The Speaker of the House and the President of the | ||
Senate, and the
Chairman and members of the Senate Committee on | ||
Committees shall be
considered as holding continuing offices | ||
until their respective successors
are elected and qualified.
| ||
In the event of death or resignation of the Speaker of the | ||
House or of
the President of the Senate after the sine die | ||
adjournment of the session
of the General Assembly at which he |
was elected, the powers held by him
shall pass respectively to | ||
the Majority Leader of the House of
Representatives or to the | ||
Assistant Majority Leader of the Senate who, for
the purposes | ||
of such powers shall be considered as holding continuing
| ||
offices until his respective successors are elected and | ||
qualified.
| ||
(Source: P.A. 78-10.)
| ||
Section 50. The General Assembly Compensation Act is | ||
amended by changing Section 4.1 as follows:
| ||
(25 ILCS 115/4.1) (from Ch. 63, par. 15.2)
| ||
Sec. 4.1.
Payment techniques and procedures shall be | ||
according
to rules made by the Senate Committee on Assignment | ||
of Bills Operations Commission or the Rules Committee of the | ||
House,
as the case may be.
| ||
(Source: P.A. 79-806; 79-1023; 79-1454.)
| ||
Section 55. The Legislative Commission Reorganization Act | ||
of 1984 is amended by changing Sections 1-5 and 8A-15 as | ||
follows: | ||
(25 ILCS 130/1-5) (from Ch. 63, par. 1001-5) | ||
Sec. 1-5. Composition of agencies; directors.
| ||
(a) (1) Each legislative support services agency listed
in | ||
Section 1-3 is hereafter in this Section referred to as the |
Agency.
| ||
(2) (Blank).
| ||
(2.1) (Blank). | ||
(2.5) The Board of the Office of the Architect of the | ||
Capitol shall
consist of
the
Secretary and Assistant Secretary | ||
of the Senate and the Clerk and Assistant
Clerk of the House of | ||
Representatives.
When the Board has cast a tied vote concerning | ||
the design, implementation, or construction of a project within | ||
the legislative complex, as defined in Section 8A-15, the | ||
Architect of the Capitol may cast the tie-breaking vote. | ||
The Boards of the Joint Committee on Administrative Rules, | ||
the Commission on Government Forecasting and Accountability, | ||
the Legislative Audit Committee, and the Legislative Research | ||
Unit (3) The other legislative support services agencies shall | ||
each
consist of 12 members of the General Assembly, of whom 3 | ||
shall be appointed by
the President of the Senate, 3 shall be | ||
appointed by the Minority Leader of the
Senate, 3 shall be | ||
appointed by the Speaker of the House of Representatives,
and 3 | ||
shall be appointed by the Minority Leader of the House of
| ||
Representatives. All appointments shall be in writing and filed | ||
with the
Secretary of State as a public record.
| ||
Members shall serve a 2-year term, and must be appointed by
| ||
the Joint
Committee during the month of January in each | ||
odd-numbered year for terms
beginning February 1. Any vacancy | ||
in an Agency shall be filled by appointment
for the balance of | ||
the term in the same manner as the original appointment. A
|
vacancy shall exist when a member no longer holds the elected | ||
legislative
office held at the time of the appointment or at | ||
the termination of the
member's legislative service.
| ||
During the month of February of each odd-numbered year, the | ||
Joint Committee on Legislative Support Services shall select | ||
from the members of the Board of each Agency 2 co-chairpersons | ||
and such other officers as the Joint Committee deems necessary. | ||
The co-chairpersons of each Board shall serve for a 2-year | ||
term, beginning February 1 of the odd-numbered year, and the 2 | ||
co-chairpersons shall not be members of or identified with the | ||
same house or the same political party. | ||
Each Board shall meet twice annually or more often upon the | ||
call of the chair or any 9 members. A quorum of the Board shall | ||
consist of a majority of the appointed members. | ||
(b) The Board of each of the following legislative support | ||
agencies shall consist of the Secretary and Assistant Secretary | ||
of the Senate and the Clerk and Assistant Clerk of the House of | ||
Representatives: the Legislative Information System, the | ||
Legislative Printing Unit, the Legislative Reference Bureau, | ||
and the Office of the Architect of the Capitol. The | ||
co-chairpersons of the Board of the Office of the Architect of | ||
the Capitol shall be the Secretary of the Senate and the Clerk | ||
of the House of Representatives, each ex officio (Blank) .
| ||
The Chairperson of each of the other Boards shall be the | ||
member who is affiliated with the same caucus as the then | ||
serving Chairperson of the Joint Committee on Legislative |
Support Services. Each Board shall meet twice annually or more | ||
often upon the call of the chair or any 3 members. A quorum of | ||
the Board shall consist of a majority of the appointed members. | ||
When the Board of the Office of the Architect of the | ||
Capitol has cast a tied vote concerning the design, | ||
implementation, or construction of a project within the | ||
legislative complex, as defined in Section 8A-15, the Architect | ||
of the Capitol may cast the tie-breaking vote. | ||
(c) (Blank). During the month
of February of each | ||
odd-numbered year, the Joint Committee on
Legislative
Support | ||
Services shall select from the members of each agency, other | ||
than the
Office of the Architect of the Capitol, 2 co-chairmen | ||
and such
other officers as the Joint Committee deems necessary.
| ||
The
co-chairmen of each Agency shall serve for a 2-year term,
| ||
beginning February
1 of the odd-numbered year, and the 2 | ||
co-chairmen shall not be members of or
identified with the same | ||
house or the same political party. The co-chairmen
of the Board | ||
of the Office of the Architect of the Capitol shall be the
| ||
Secretary of the Senate and the Clerk of the House of | ||
Representatives, each ex
officio.
| ||
Each Agency shall meet twice annually or more often upon | ||
the call of the
chair or any 9 members (or any 3 members in the | ||
case of the Office of the
Architect of the Capitol). A quorum | ||
of the Agency shall consist of a
majority of
the appointed | ||
members.
| ||
(d) Members of each Agency shall serve without |
compensation, but shall be
reimbursed for expenses incurred in | ||
carrying out the duties of the Agency
pursuant to rules and | ||
regulations adopted by the Joint Committee on
Legislative | ||
Support Services.
| ||
(e) Beginning February 1, 1985, and every 2 years | ||
thereafter,
the Joint
Committee shall select an Executive | ||
Director who shall be the chief
executive officer and staff | ||
director of each Agency. The Executive Director
shall receive a | ||
salary as fixed by the Joint Committee and shall be authorized
| ||
to employ and fix the compensation of necessary professional, | ||
technical
and secretarial staff and prescribe their duties, | ||
sign contracts, and issue
vouchers for the payment of | ||
obligations pursuant to rules and regulations
adopted by the | ||
Joint Committee on Legislative Support Services. The
Executive | ||
Director and other employees of the Agency shall not be subject
| ||
to the Personnel Code.
| ||
The executive director of the Office of the Architect of | ||
the Capitol shall
be known as the Architect of the Capitol.
| ||
(Source: P.A. 96-959, eff. 7-1-10.) | ||
(25 ILCS 130/8A-15)
| ||
Sec. 8A-15. Master plan. | ||
(a) The term "legislative complex" means (i) the buildings | ||
and facilities
located in Springfield, Illinois, and occupied | ||
in whole or in part by the
General Assembly or any of its | ||
support service agencies, (ii) the grounds,
walkways, and |
tunnels surrounding or connected to those buildings and
| ||
facilities, and (iii) the off-street parking areas serving | ||
those buildings and
facilities.
| ||
(b) The Architect of the Capitol shall prepare and | ||
implement a long-range
master plan of development for the State | ||
Capitol Building , and the remaining
portions of the legislative | ||
complex , and the land and State buildings and facilities within | ||
the area bounded by Washington, Third, Cook, and Pasfield | ||
Streets that addresses the
improvement, construction, historic | ||
preservation, restoration, maintenance,
repair, and | ||
landscaping needs of these State buildings and facilities and | ||
the land the State Capitol Building and the remaining
portions | ||
of the
legislative complex . The Architect of the
Capitol shall | ||
submit the master plan to the Capitol Historic Preservation | ||
Board
for its review and comment. The Board must confine its | ||
review and comment to
those portions of the master plan that | ||
relate to areas of the legislative
complex other than the State | ||
Capitol Building. The Architect may incorporate
suggestions of | ||
the
Board into the master plan. The master plan must be | ||
submitted to and approved
by the Board of the Office of the | ||
Architect of the Capitol before its
implementation.
| ||
The Architect of the Capitol may change the master plan and | ||
shall submit
changes in the master plan that relate to areas of | ||
the legislative complex
other than the State Capitol Building | ||
to the Capitol Historic Preservation
Board for its
review and | ||
comment. All changes in the master plan must be submitted to |
and
approved by the Board of the Office of the Architect of the | ||
Capitol
before implementation.
| ||
(c) The Architect of the Capitol must review the master | ||
plan every 5 years
or at the direction of the Board of the | ||
Office of the Architect of the Capitol.
Changes in the master | ||
plan resulting from this review must be made in
accordance with | ||
the procedure provided in subsection (b).
| ||
(d) Notwithstanding any other law to the contrary, the | ||
Architect of the
Capitol has the sole authority to contract for | ||
all
materials and services necessary for the implementation of | ||
the master plan.
The
Architect (i) may comply with the | ||
procedures established by the Joint Committee
on Legislative | ||
Support Services under Section 1-4 or (ii) upon approval of the
| ||
Board of the Office of the Architect of the Capitol, may, but | ||
is not required
to,
comply with a portion or all of the | ||
Illinois Procurement Code when entering
into contracts under | ||
this subsection. The Architect's compliance with the
Illinois | ||
Procurement Code shall not be construed to subject the | ||
Architect or
any other entity of the legislative branch to the | ||
Illinois Procurement Code
with respect to any other contract.
| ||
The Architect may enter into agreements with other State | ||
agencies for the
provision of materials or performance of | ||
services necessary for the
implementation of the master plan.
| ||
State officers and agencies providing normal, day-to-day | ||
repair,
maintenance, or
landscaping or providing security, | ||
commissary, utility, parking, banking, tour
guide, event |
scheduling, or other operational services for buildings and
| ||
facilities within the legislative complex
immediately prior
to | ||
the effective date of this amendatory Act of the 93rd General | ||
Assembly shall
continue
to provide that normal, day-to-day | ||
repair, maintenance, or landscaping or those
services on the
| ||
same
basis, whether by contract or employees, that the repair, | ||
maintenance,
landscaping, or services were
provided | ||
immediately prior to the effective date of this amendatory Act | ||
of the
93rd
General Assembly, subject to the provisions of the | ||
master plan and as otherwise
directed by the Architect of the | ||
Capitol.
| ||
(e) The Architect of the Capitol shall monitor | ||
construction, preservation,
restoration, maintenance, repair, | ||
and landscaping work in the legislative
complex and | ||
implementation of the master plan, as well as all other | ||
activities that alter the historic integrity of the
legislative | ||
complex and the other land and State buildings and facilities | ||
in the master plan .
| ||
(Source: P.A. 93-632, eff. 2-1-04.)
| ||
(30 ILCS 105/5.250 rep.)
| ||
Section 60. The State Finance Act is amended by repealing | ||
Section 5.250. | ||
Section 65. The Adult Education Reporting Act is amended by | ||
changing Section 1 as follows:
|
(105 ILCS 410/1) (from Ch. 122, par. 1851)
| ||
Sec. 1. As used in this Act, "agency" means: the | ||
Departments of
Corrections, Public Aid, Commerce and Economic | ||
Opportunity, Human Services, and
Public Health; the Secretary | ||
of State;
the Illinois Community College Board; and the | ||
Administrative Office of the
Illinois Courts.
On and after July | ||
1, 2001, "agency" includes the State Board of
Education and | ||
does not include the Illinois Community College Board.
| ||
(Source: P.A. 94-793, eff. 5-19-06.)
| ||
Section 70. The Public Community College Act is amended by | ||
changing Section 2-10 as follows:
| ||
(110 ILCS 805/2-10) (from Ch. 122, par. 102-10)
| ||
Sec. 2-10.
The State Board shall make a thorough, | ||
comprehensive and continuous
study of the status of community | ||
college education, its problems, needs for
improvement, and | ||
projected developments and shall make a detailed report
thereof | ||
to the General Assembly not later than March 1 of each | ||
odd-numbered
year and shall submit recommendations for such | ||
legislation as it deems
necessary.
| ||
The requirement for reporting to the General Assembly shall | ||
be satisfied
by electronically filing copies of the report with | ||
the Speaker, the Minority Leader and
the Clerk of the House of | ||
Representatives and the President, the Minority
Leader and the |
Secretary of the Senate and the Legislative Research
Unit, as | ||
required
by Section 3.1 of "An Act to revise the law in | ||
relation to the General Assembly",
approved February 25, 1874, | ||
as amended, and electronically filing such additional copies
| ||
with the State Government Report Distribution Center for the | ||
General Assembly
as is required under paragraph (t) of Section | ||
7 of the State Library
Act. A copy of the report shall also be | ||
posted on the State Board's website.
| ||
(Source: P.A. 84-1438.)
| ||
(215 ILCS 5/178 rep.) | ||
Section 75. The Illinois Insurance Code is amended by | ||
repealing Section 178. | ||
(215 ILCS 5/Art. XVI rep.) | ||
(215 ILCS 5/Art. XIXB rep.) | ||
Section 80. The Illinois Insurance Code is amended by | ||
repealing Articles XVI and XIXB. | ||
(225 ILCS 120/24 rep.) | ||
Section 85. The Wholesale Drug Distribution Licensing Act | ||
is amended by repealing Section 24. | ||
Section 90. The Solid Waste Site Operator Certification Law | ||
is amended by changing Section 1011 as follows:
|
(225 ILCS 230/1011) (from Ch. 111, par. 7861)
| ||
Sec. 1011. Fees.
| ||
(a) Fees for the issuance or renewal of a Solid
Waste Site | ||
Operator Certificate shall be as follows:
| ||
(1)(A) $400 for issuance or renewal for Class A Solid | ||
Waste Site
Operators; (B) $200 for issuance or renewal for | ||
Class B Solid Waste Site
Operators; and (C) $100 for | ||
issuance or renewal for special waste endorsements.
| ||
(2) If the fee for renewal is not paid within the grace | ||
period the
above fees for renewal shall each be increased | ||
by $50.
| ||
(b) Before the effective date of this amendatory Act of the | ||
98th General Assembly, all All fees collected by the Agency | ||
under this Section shall be
deposited into the Hazardous Waste | ||
Occupational Licensing Fund. The Agency
is authorized to use | ||
monies in the Hazardous Waste Occupational Licensing Fund to | ||
perform its functions, powers,
and duties under this Section.
| ||
On and after the effective date of this amendatory Act of | ||
the 98th General Assembly, all fees collected by the Agency | ||
under this Section shall be deposited into the Environmental | ||
Protection Permit and Inspection Fund to be used in accordance | ||
with the provisions of Section 22.8 of the Environmental | ||
Protection Act. | ||
(Source: P.A. 86-1363.)
| ||
Section 95. The Illinois Athlete Agents Act is amended by |
changing Section 180 as follows: | ||
(225 ILCS 401/180)
| ||
Sec. 180. Civil penalties.
| ||
(a) In addition to any other penalty provided by law, any | ||
person who violates this Act shall forfeit and pay a civil | ||
penalty to the Department in an amount not to exceed $10,000 | ||
for each violation as determined by the Department. The civil | ||
penalty shall be assessed by the Department in accordance with | ||
the provisions of this Act.
| ||
(b) The Department has the authority and power to | ||
investigate any and all unlicensed activity.
| ||
(c) The civil penalty shall be paid within 60 days after | ||
the effective date of the order imposing the civil penalty. The | ||
order shall constitute a judgment and may be filed and | ||
execution had thereon in the same manner as any judgment from | ||
any court of record.
| ||
(d) All moneys collected under this Section shall be | ||
deposited into the General Professions Dedicated Fund.
| ||
(Source: P.A. 96-1030, eff. 1-1-11.) | ||
Section 100. The Illinois Horse Racing Act of 1975 is | ||
amended by changing Section 30 as follows:
| ||
(230 ILCS 5/30) (from Ch. 8, par. 37-30)
| ||
Sec. 30.
(a) The General Assembly declares that it is the |
policy of
this State to encourage the breeding of thoroughbred | ||
horses in this
State and the ownership of such horses by | ||
residents of this State in
order to provide for: sufficient | ||
numbers of high quality thoroughbred
horses to participate in | ||
thoroughbred racing meetings in this State,
and to establish | ||
and preserve the agricultural and commercial benefits
of such | ||
breeding and racing industries to the State of Illinois. It is
| ||
the intent of the General Assembly to further this policy by | ||
the
provisions of this Act.
| ||
(b) Each organization licensee conducting a thoroughbred
| ||
racing meeting
pursuant to this Act shall provide at least two | ||
races each day limited
to Illinois conceived and foaled horses | ||
or Illinois foaled horses or
both. A minimum of 6 races shall | ||
be conducted each week limited to
Illinois conceived and foaled | ||
or Illinois foaled horses or both. No
horses shall be permitted | ||
to start in such races unless duly registered
under the rules | ||
of the Department of Agriculture.
| ||
(c) Conditions of races under subsection (b) shall be
| ||
commensurate
with past performance, quality, and class of | ||
Illinois conceived and foaled
and Illinois foaled horses
| ||
available. If, however, sufficient competition cannot be had | ||
among
horses of that class on any day, the races may, with | ||
consent of the
Board, be eliminated for that day and substitute | ||
races provided.
| ||
(d) There is hereby created a special fund of the State | ||
Treasury to
be known as the Illinois Thoroughbred Breeders |
Fund.
| ||
Except as provided in subsection (g) of Section 27 of this | ||
Act, 8.5% of all
the monies received by the State as
privilege | ||
taxes on Thoroughbred racing meetings shall be paid into the | ||
Illinois
Thoroughbred Breeders Fund.
| ||
(e) The Illinois Thoroughbred Breeders Fund shall be | ||
administered by
the Department of Agriculture
with the advice | ||
and assistance of the
Advisory Board created in subsection (f) | ||
of this Section.
| ||
(f) The Illinois Thoroughbred Breeders Fund Advisory Board | ||
shall
consist of the Director of the Department of Agriculture, | ||
who shall
serve as Chairman; a member of the Illinois Racing | ||
Board, designated by
it; 2 representatives of the organization | ||
licensees
conducting thoroughbred
racing meetings, recommended | ||
by them; 2 representatives of the Illinois
Thoroughbred | ||
Breeders and Owners Foundation, recommended by it; and 2
| ||
representatives of the Horsemen's Benevolent Protective | ||
Association or any
successor organization established in | ||
Illinois comprised of the largest number
of owners and | ||
trainers,
recommended
by it, with one representative of the | ||
Horsemen's Benevolent and Protective
Association to come from | ||
its Illinois Division, and one from its Chicago
Division. | ||
Advisory Board members shall serve for 2 years commencing | ||
January 1
of
each odd numbered year. If representatives of the | ||
organization licensees
conducting thoroughbred racing | ||
meetings, the Illinois Thoroughbred Breeders and
Owners |
Foundation, and the Horsemen's Benevolent Protection | ||
Association have
not been recommended by January 1, of each odd | ||
numbered year, the Director of
the Department of Agriculture | ||
shall make an appointment for the organization
failing to so | ||
recommend a member of the Advisory Board. Advisory Board | ||
members
shall receive no compensation for their services as | ||
members but shall be
reimbursed for all actual and necessary | ||
expenses and disbursements incurred in
the execution of their | ||
official duties.
| ||
(g) No monies shall be expended from the Illinois | ||
Thoroughbred
Breeders Fund except as appropriated by the | ||
General Assembly. Monies
appropriated from the Illinois | ||
Thoroughbred Breeders Fund shall be
expended by the Department | ||
of Agriculture,
with the advice and
assistance of the Illinois | ||
Thoroughbred Breeders Fund Advisory Board,
for the following | ||
purposes only:
| ||
(1) To provide purse supplements to owners of horses | ||
participating
in races limited to Illinois conceived and | ||
foaled and Illinois foaled
horses. Any such purse | ||
supplements shall not be included in and shall
be paid in | ||
addition to any purses, stakes, or breeders' awards offered
| ||
by each organization licensee as determined by agreement | ||
between such
organization licensee and an organization | ||
representing the horsemen. No
monies from the Illinois | ||
Thoroughbred Breeders Fund shall be used to provide
purse | ||
supplements for claiming races in which the minimum |
claiming price is
less than $7,500.
| ||
(2) To provide stakes and awards to be paid to the | ||
owners of the
winning horses in certain races limited to | ||
Illinois conceived and foaled
and Illinois foaled horses | ||
designated as stakes races.
| ||
(2.5) To provide an award to the owner or owners of an | ||
Illinois
conceived and foaled or Illinois foaled horse that | ||
wins a
maiden special weight, an allowance, overnight | ||
handicap race, or
claiming race with claiming price of | ||
$10,000 or more providing the race
is not restricted
to | ||
Illinois conceived and foaled or Illinois foaled horses.
| ||
Awards shall
also be provided to the owner or owners of | ||
Illinois conceived and foaled and
Illinois foaled horses | ||
that place second or third in those races. To the
extent
| ||
that additional moneys are required to pay the minimum | ||
additional awards of 40%
of the purse the horse earns for | ||
placing first, second or third in those races
for Illinois | ||
foaled horses and of 60% of the purse the horse earns for | ||
placing
first, second or third in those races for Illinois
| ||
conceived and foaled horses, those moneys shall be provided | ||
from the purse
account at the track where earned.
| ||
(3) To provide stallion awards to the owner or owners | ||
of any
stallion that is duly registered with the Illinois | ||
Thoroughbred Breeders
Fund Program prior to the effective | ||
date of this amendatory Act of 1995 whose
duly registered | ||
Illinois conceived and foaled offspring wins a race |
conducted
at an Illinois
thoroughbred racing meeting other | ||
than a claiming race. Such
award
shall not be paid to the | ||
owner or owners of an Illinois stallion that served
outside | ||
this State at any time during the calendar year in which | ||
such race was
conducted.
| ||
(4) To provide $75,000 annually for purses to be
| ||
distributed to
county fairs that provide for the running of | ||
races during each county
fair exclusively for the | ||
thoroughbreds conceived and foaled in
Illinois. The | ||
conditions of the races shall be developed by the county
| ||
fair association and reviewed by the Department with the | ||
advice and
assistance of
the Illinois Thoroughbred | ||
Breeders Fund Advisory Board. There shall be no
wagering of | ||
any kind on the running
of
Illinois conceived and foaled | ||
races at county fairs.
| ||
(4.1) To provide purse money for an Illinois stallion | ||
stakes program.
| ||
(5) No less than 80% of all monies appropriated from | ||
the Illinois
Thoroughbred Breeders Fund shall be expended | ||
for the purposes in (1), (2),
(2.5), (3), (4), (4.1), and | ||
(5) as shown above.
| ||
(6) To provide for educational programs regarding the | ||
thoroughbred
breeding industry.
| ||
(7) To provide for research programs concerning the | ||
health,
development and care of the thoroughbred horse.
| ||
(8) To provide for a scholarship and training program |
for students
of equine veterinary medicine.
| ||
(9) To provide for dissemination of public information | ||
designed to
promote the breeding of thoroughbred horses in | ||
Illinois.
| ||
(10) To provide for all expenses incurred in the | ||
administration of
the Illinois Thoroughbred Breeders Fund.
| ||
(h) Whenever the Governor finds that the amount in the | ||
Illinois
Thoroughbred Breeders Fund is more than the total of | ||
the outstanding
appropriations from such fund, the Governor | ||
shall notify the State
Comptroller and the State Treasurer of | ||
such fact. The Comptroller and
the State Treasurer, upon | ||
receipt of such notification, shall transfer
such excess amount | ||
from the Illinois Thoroughbred Breeders Fund to the
General | ||
Revenue Fund.
| ||
(i) A sum equal to 12 1/2% of the first prize money of | ||
every purse
won by an Illinois foaled or an Illinois conceived | ||
and foaled horse in
races not limited to Illinois foaled horses | ||
or Illinois conceived and
foaled horses, or both, shall be paid | ||
by the organization licensee
conducting the horse race meeting. | ||
Such sum shall be paid from the organization
licensee's share | ||
of the money wagered as follows: 11 1/2% to the breeder of
the | ||
winning horse and 1% to the organization representing | ||
thoroughbred breeders
and owners whose representative serves | ||
on the Illinois Thoroughbred Breeders
Fund Advisory Board for | ||
verifying the amounts of breeders' awards earned,
assuring | ||
their distribution in accordance with this Act, and servicing |
and
promoting the Illinois thoroughbred horse racing industry. | ||
The
organization representing thoroughbred breeders and owners | ||
shall cause all
expenditures of monies received under this | ||
subsection (i) to be audited
at least annually by a registered | ||
public accountant. The organization
shall file copies of each | ||
annual audit with the Racing Board, the Clerk of
the House of | ||
Representatives and the Secretary of the Senate, and shall
make | ||
copies of each annual audit available to the public upon | ||
request
and upon payment of the reasonable cost of photocopying | ||
the requested
number of copies. Such payments shall not reduce | ||
any award to the owner of the
horse or reduce the taxes payable | ||
under this Act. Upon completion of its
racing meet, each | ||
organization licensee shall deliver to the organization
| ||
representing thoroughbred breeders and owners whose | ||
representative serves on
the Illinois Thoroughbred Breeders | ||
Fund Advisory Board a listing of all the
Illinois foaled and | ||
the Illinois conceived and foaled horses which won
breeders' | ||
awards and the amount of such breeders' awards under this | ||
subsection
to verify accuracy of payments and assure proper | ||
distribution of breeders'
awards in accordance with the | ||
provisions of this Act. Such payments shall be
delivered by the | ||
organization licensee within 30 days of the end of each race
| ||
meeting.
| ||
(j) A sum equal to 12 1/2% of the first prize money won in | ||
each race
limited to Illinois foaled horses or Illinois | ||
conceived and foaled
horses, or both, shall be paid in the |
following manner by the
organization licensee conducting the | ||
horse race meeting, from the
organization licensee's share of | ||
the money wagered: 11 1/2% to the breeders of
the horses in | ||
each such race which are the official first, second, third
and | ||
fourth finishers and 1% to the organization representing | ||
thoroughbred
breeders and owners whose representative serves | ||
on the Illinois Thoroughbred
Breeders Fund Advisory Board for | ||
verifying the amounts of breeders' awards
earned, assuring | ||
their proper distribution in accordance with this Act, and
| ||
servicing and promoting the Illinois thoroughbred horse racing | ||
industry. The
organization representing thoroughbred breeders | ||
and owners shall cause all
expenditures of monies received | ||
under this subsection (j) to be audited
at least annually by a | ||
registered public accountant. The organization
shall file | ||
copies of each annual audit with the Racing Board, the Clerk of
| ||
the House of Representatives and the Secretary of the Senate, | ||
and shall
make copies of each annual audit available to the | ||
public upon request
and upon payment of the reasonable cost of | ||
photocopying the requested
number of copies.
| ||
The 11 1/2% paid to the breeders in accordance with this | ||
subsection
shall be distributed as follows:
| ||
(1) 60% of such sum shall be paid to the breeder of the | ||
horse which
finishes in the official first position;
| ||
(2) 20% of such sum shall be paid to the breeder of the | ||
horse which
finishes in the official second position;
| ||
(3) 15% of such sum shall be paid to the breeder of the |
horse which
finishes in the official third position; and
| ||
(4) 5% of such sum shall be paid to the breeder of the | ||
horse which
finishes in the official fourth position.
| ||
Such payments shall not reduce any award to the owners of a | ||
horse or
reduce the taxes payable under this Act. Upon | ||
completion of its racing meet,
each organization licensee shall | ||
deliver to the organization representing
thoroughbred breeders | ||
and owners whose representative serves on the Illinois
| ||
Thoroughbred Breeders Fund Advisory Board a listing of all the | ||
Illinois foaled
and the Illinois conceived and foaled horses | ||
which won breeders' awards and the
amount of such breeders' | ||
awards in accordance with the provisions of this Act.
Such | ||
payments shall be delivered by the organization licensee within | ||
30 days of
the end of each race meeting.
| ||
(k) The term "breeder", as used herein, means the owner of | ||
the mare at
the time the foal is dropped. An "Illinois foaled | ||
horse" is a foal
dropped by a mare which enters this State on | ||
or before December 1, in the
year in which the horse is bred,
| ||
provided the mare remains continuously in this State until its | ||
foal is born. An
"Illinois
foaled
horse" also means a foal born | ||
of a mare in the same year
as the
mare enters this State on or | ||
before March 1,
and remains in this State at
least 30
days | ||
after foaling, is bred back during the season of the foaling to
| ||
an
Illinois Registered Stallion (unless a veterinarian | ||
certifies that the mare
should not be bred for health reasons), | ||
and is not bred to a stallion
standing in any other state |
during the season of foaling. An "Illinois
foaled horse" also | ||
means a foal born in Illinois of a mare purchased at public
| ||
auction
subsequent to the mare entering this State prior to | ||
February 1 of the foaling
year providing the mare is owned | ||
solely by one or more Illinois residents or an
Illinois
entity | ||
that is entirely owned by one or more Illinois residents.
| ||
(l) The Department of Agriculture shall, by rule, with the | ||
advice
and assistance of the Illinois Thoroughbred Breeders | ||
Fund Advisory
Board:
| ||
(1) Qualify stallions for Illinois breeding; such | ||
stallions to stand for
service within the State of Illinois | ||
at the time of a foal's conception. Such
stallion must not | ||
stand for service at any place outside the State of | ||
Illinois
during the calendar year in which the foal is | ||
conceived.
The Department of Agriculture may assess and | ||
collect application fees for the
registration of | ||
Illinois-eligible stallions. All fees collected are to be | ||
paid
into the Illinois Thoroughbred Breeders Fund.
| ||
(2) Provide for the registration of Illinois conceived | ||
and foaled
horses and Illinois foaled horses. No such horse | ||
shall compete in
the races limited to Illinois conceived | ||
and foaled horses or Illinois
foaled horses or both unless | ||
registered with the Department of
Agriculture. The | ||
Department of Agriculture may prescribe such forms as
are | ||
necessary to determine the eligibility of such horses. The | ||
Department of
Agriculture may assess and collect |
application fees for the registration of
Illinois-eligible | ||
foals. All fees collected are to be paid into the Illinois
| ||
Thoroughbred Breeders Fund. No person
shall knowingly | ||
prepare or cause preparation of an application for
| ||
registration of such foals containing false information.
| ||
(m) The Department of Agriculture, with the advice and | ||
assistance of
the Illinois Thoroughbred Breeders Fund Advisory | ||
Board, shall provide that certain races
limited to Illinois | ||
conceived and foaled and Illinois foaled horses be
stakes races | ||
and determine the total amount of stakes and awards to be paid
| ||
to the owners of the winning horses in such races.
| ||
In determining the stakes races and the amount of awards | ||
for such races,
the Department of Agriculture shall consider | ||
factors, including but not
limited to, the amount of money | ||
appropriated for the Illinois Thoroughbred
Breeders Fund | ||
program, organization licensees' contributions,
availability | ||
of stakes caliber horses as demonstrated by past performances,
| ||
whether the race can be coordinated into the proposed racing | ||
dates within
organization licensees' racing dates, opportunity | ||
for
colts and fillies
and various age groups to race, public | ||
wagering on such races, and the
previous racing schedule.
| ||
(n) The Board and the organizational licensee shall
notify | ||
the Department of the conditions and minimum purses for races
| ||
limited to Illinois conceived and foaled and Illinois foaled | ||
horses
conducted for each organizational licensee conducting a | ||
thoroughbred racing
meeting. The Department of Agriculture |
with the advice and assistance of
the Illinois Thoroughbred | ||
Breeders Fund Advisory Board may allocate monies
for purse | ||
supplements for such races. In determining whether to allocate
| ||
money and the amount, the Department of Agriculture shall | ||
consider factors,
including but not limited to, the amount of | ||
money appropriated for the
Illinois Thoroughbred Breeders Fund | ||
program, the number of races that may
occur, and the | ||
organizational licensee's purse structure.
| ||
(o) (Blank). In order to improve the breeding quality of | ||
thoroughbred horses in the
State, the General Assembly | ||
recognizes that existing provisions of this Section
to | ||
encourage such quality breeding need to be revised and | ||
strengthened. As
such, a Thoroughbred Breeder's Program Task | ||
Force is to be appointed by the
Governor by September 1, 1999 | ||
to make recommendations to the General Assembly
by
no later | ||
than March 1, 2000.
This task force is to be composed of 2 | ||
representatives from the Illinois
Thoroughbred Breeders and | ||
Owners Foundation, 2 from the Illinois Thoroughbred
Horsemen's | ||
Association, 3 from Illinois race tracks operating | ||
thoroughbred
race meets for an average of at least 30 days in | ||
the past 3 years, the Director
of Agriculture, the Executive | ||
Director of the Racing Board, who shall serve as
Chairman.
| ||
(Source: P.A. 91-40, eff. 6-25-99.)
| ||
Section 105. The Liquor Control Act of 1934 is amended by | ||
changing Section 6-15 as follows:
|
(235 ILCS 5/6-15) (from Ch. 43, par. 130)
| ||
Sec. 6-15. No alcoholic liquors shall be sold or delivered | ||
in any
building belonging to or under the control of the State | ||
or any political
subdivision thereof except as provided in this | ||
Act. The corporate
authorities of any city, village, | ||
incorporated town, township, or county may provide by
| ||
ordinance, however, that alcoholic liquor may be sold or | ||
delivered in any
specifically designated building belonging to | ||
or under the control of the
municipality, township, or county, | ||
or in any building located on land under the
control of the | ||
municipality, township, or county; provided that such township | ||
or county complies with all
applicable local ordinances in any | ||
incorporated area of the township or county.
Alcoholic liquor | ||
may be delivered to and sold under the authority of a special | ||
use permit on any property owned by a conservation district | ||
organized under the Conservation District Act, provided that | ||
(i) the alcoholic liquor is sold only at an event authorized by | ||
the governing board of the conservation district, (ii) the | ||
issuance of the special use permit is authorized by the local | ||
liquor control commissioner of the territory in which the | ||
property is located, and (iii) the special use permit | ||
authorizes the sale of alcoholic liquor for one day or less. | ||
Alcoholic liquors may be delivered to and sold at any airport | ||
belonging to
or under the control of a municipality of more | ||
than 25,000 inhabitants, or
in any building or on any golf |
course owned by a park district organized under
the Park | ||
District
Code, subject to the approval of the governing board | ||
of the district, or
in any building or on any golf course owned | ||
by a forest preserve district
organized under the Downstate | ||
Forest Preserve District Act, subject to the
approval of the | ||
governing board of the district, or on the grounds
within 500 | ||
feet of any building owned by a forest preserve district
| ||
organized under the Downstate Forest Preserve District Act | ||
during
times when food is dispensed for consumption within
500 | ||
feet of the building from which the food is dispensed,
subject | ||
to the
approval of the
governing board of the district, or in a | ||
building owned by a Local Mass
Transit District organized under | ||
the Local Mass Transit District Act, subject
to the approval of | ||
the governing Board of the District, or in Bicentennial
Park, | ||
or
on the premises of the City of Mendota Lake Park
located | ||
adjacent to Route 51 in Mendota, Illinois, or on the premises | ||
of
Camden Park in Milan, Illinois, or in the community center | ||
owned by the
City of Loves Park that is located at 1000 River | ||
Park Drive in Loves Park,
Illinois, or, in connection with the | ||
operation of an established food
serving facility during times | ||
when food is dispensed for consumption on the
premises, and at | ||
the following aquarium and museums located in public
parks: Art | ||
Institute of Chicago, Chicago Academy of Sciences, Chicago
| ||
Historical Society, Field Museum of Natural History, Museum of | ||
Science and
Industry, DuSable Museum of African American | ||
History, John G. Shedd
Aquarium and Adler Planetarium, or at |
Lakeview Museum of Arts and Sciences
in Peoria, or in | ||
connection with the operation of the facilities of the
Chicago | ||
Zoological Society or the Chicago Horticultural Society on land
| ||
owned by the Forest Preserve District of Cook County,
or on any | ||
land used for a golf course or for recreational purposes
owned | ||
by the Forest Preserve District of Cook County, subject to the | ||
control
of the Forest Preserve District Board of Commissioners | ||
and applicable local
law, provided that dram shop liability | ||
insurance is provided at
maximum coverage limits so as to hold | ||
the
District harmless from all financial loss, damage, and | ||
harm,
or in any building
located on land owned by the Chicago | ||
Park District if approved by the Park
District Commissioners, | ||
or on any land used for a golf course or for
recreational | ||
purposes and owned by the Illinois International Port District | ||
if
approved by the District's governing board, or at any | ||
airport, golf course,
faculty center, or
facility in which | ||
conference and convention type activities take place
belonging | ||
to or under control of any State university or public community
| ||
college district, provided that with respect to a facility for | ||
conference
and convention type activities alcoholic liquors | ||
shall be limited to the
use of the convention or conference | ||
participants or participants
in cultural, political or | ||
educational activities held in such facilities,
and provided | ||
further that the faculty or staff of the State university or
a | ||
public community college district, or members of an | ||
organization of
students, alumni, faculty or staff of the State |
university or a public
community college district are active | ||
participants in the conference
or convention, or in Memorial | ||
Stadium on the campus of the University of
Illinois at | ||
Urbana-Champaign during games in which the
Chicago Bears | ||
professional football team is playing in that stadium during | ||
the
renovation of Soldier Field, not more than one and a half | ||
hours before the
start of the game and not after the end of the | ||
third quarter of the game,
or in the Pavilion Facility on the | ||
campus of the University of Illinois at Chicago during games in | ||
which the Chicago Storm professional soccer team is playing in | ||
that facility, not more than one and a half hours before the | ||
start of the game and not after the end of the third quarter of | ||
the game, or in the Pavilion Facility on the campus of the | ||
University of Illinois at Chicago during games in which the | ||
WNBA professional women's basketball team is playing in that | ||
facility, not more than one and a half hours before the start | ||
of the game and not after the 10-minute mark of the second half | ||
of the game, or by a catering establishment which has rented | ||
facilities
from a board of trustees of a public community | ||
college district, or in a restaurant that is operated by a | ||
commercial tenant in the North Campus Parking Deck building | ||
that (1) is located at 1201 West University Avenue, Urbana, | ||
Illinois and (2) is owned by the Board of Trustees of the | ||
University of Illinois, or, if
approved by the District board, | ||
on land owned by the Metropolitan Sanitary
District of Greater | ||
Chicago and leased to others for a term of at least
20 years. |
Nothing in this Section precludes the sale or delivery of
| ||
alcoholic liquor in the form of original packaged goods in | ||
premises located
at 500 S. Racine in Chicago belonging to the | ||
University of Illinois and
used primarily as a grocery store by | ||
a commercial tenant during the term of
a lease that predates | ||
the University's acquisition of the premises; but the
| ||
University shall have no power or authority to renew, transfer, | ||
or extend
the lease with terms allowing the sale of alcoholic | ||
liquor; and the sale of
alcoholic liquor shall be subject to | ||
all local laws and regulations.
After the acquisition by | ||
Winnebago County of the property located at 404
Elm Street in | ||
Rockford, a commercial tenant who sold alcoholic liquor at
| ||
retail on a portion of the property under a valid license at | ||
the time of
the acquisition may continue to do so for so long | ||
as the tenant and the
County may agree under existing or future | ||
leases, subject to all local laws
and regulations regarding the | ||
sale of alcoholic liquor. Alcoholic liquors may be delivered to | ||
and sold at Memorial Hall, located at 211 North Main Street, | ||
Rockford, under conditions approved by Winnebago County and | ||
subject to all local laws and regulations regarding the sale of | ||
alcoholic liquor. Each
facility shall provide dram shop | ||
liability in maximum insurance coverage
limits so as to save | ||
harmless the State, municipality, State university,
airport, | ||
golf course, faculty center, facility in which conference and
| ||
convention type activities take place, park district, Forest | ||
Preserve
District, public community college district, |
aquarium, museum, or sanitary
district from all financial loss, | ||
damage or harm. Alcoholic liquors may be
sold at retail in | ||
buildings of golf courses owned by municipalities or Illinois | ||
State University in
connection with the operation of an | ||
established food serving facility
during times when food is | ||
dispensed for consumption upon the premises.
Alcoholic liquors | ||
may be delivered to and sold at retail in any building
owned by | ||
a fire protection district organized under the Fire Protection
| ||
District Act, provided that such delivery and sale is approved | ||
by the board
of trustees of the district, and provided further | ||
that such delivery and
sale is limited to fundraising events | ||
and to a maximum of 6 events per year. However, the limitation | ||
to fundraising events and to a maximum of 6 events per year | ||
does not apply to the delivery, sale, or manufacture of | ||
alcoholic liquors at the building located at 59 Main Street in | ||
Oswego, Illinois, owned by the Oswego Fire Protection District | ||
if the alcoholic liquor is sold or dispensed as approved by the | ||
Oswego Fire Protection District and the property is no longer | ||
being utilized for fire protection purposes.
| ||
Alcoholic liquors may be served or sold in buildings under | ||
the control of the Board of Trustees of the University of | ||
Illinois for events that the Board may determine are public | ||
events and not related student activities. The Board of | ||
Trustees shall issue a written policy within 6 months of the | ||
effective date of this amendatory Act of the 95th General | ||
Assembly concerning the types of events that would be eligible |
for an exemption. Thereafter, the Board of Trustees may issue | ||
revised, updated, new, or amended policies as it deems | ||
necessary and appropriate. In preparing its written policy, the | ||
Board of Trustees shall, among other factors it considers | ||
relevant and important, give consideration to the following: | ||
(i) whether the event is a student activity or student related | ||
activity; (ii) whether the physical setting of the event is | ||
conducive to control of liquor sales and distribution; (iii) | ||
the ability of the event operator to ensure that the sale or | ||
serving of alcoholic liquors and the demeanor of the | ||
participants are in accordance with State law and University | ||
policies; (iv) regarding the anticipated attendees at the | ||
event, the relative proportion of individuals under the age of | ||
21 to individuals age 21 or older; (v) the ability of the venue | ||
operator to prevent the sale or distribution of alcoholic | ||
liquors to individuals under the age of 21; (vi) whether the | ||
event prohibits participants from removing alcoholic beverages | ||
from the venue; and (vii) whether the event prohibits | ||
participants from providing their own alcoholic liquors to the | ||
venue. In addition, any policy submitted by the Board of | ||
Trustees to the Illinois Liquor Control Commission must require | ||
that any event at which alcoholic liquors are served or sold in | ||
buildings under the control of the Board of Trustees shall | ||
require the prior written approval of the Office of the | ||
Chancellor for the University campus where the event is | ||
located. The Board of Trustees shall submit its policy, and any |
subsequently revised, updated, new, or amended policies, to the | ||
Illinois Liquor Control Commission, and any University event, | ||
or location for an event, exempted under such policies shall | ||
apply for a license under the applicable Sections of this Act. | ||
Alcoholic liquors may be served or sold in buildings under
| ||
the control of the Board of Trustees of Northern Illinois | ||
University
for events that the Board may determine are public
| ||
events and not student-related activities. The Board of
| ||
Trustees shall issue a written policy within 6 months after | ||
June 28, 2011 (the
effective date of Public Act 97-45) | ||
concerning the types of events that would be eligible
for an | ||
exemption. Thereafter, the Board of Trustees may issue
revised, | ||
updated, new, or amended policies as it deems
necessary and | ||
appropriate. In preparing its written policy, the
Board of | ||
Trustees shall, in addition to other factors it considers
| ||
relevant and important, give consideration to the following:
| ||
(i) whether the event is a student activity or student-related
| ||
activity; (ii) whether the physical setting of the event is
| ||
conducive to control of liquor sales and distribution; (iii)
| ||
the ability of the event operator to ensure that the sale or
| ||
serving of alcoholic liquors and the demeanor of the
| ||
participants are in accordance with State law and University
| ||
policies; (iv) the anticipated attendees at the
event and the | ||
relative proportion of individuals under the age of
21 to | ||
individuals age 21 or older; (v) the ability of the venue
| ||
operator to prevent the sale or distribution of alcoholic
|
liquors to individuals under the age of 21; (vi) whether the
| ||
event prohibits participants from removing alcoholic beverages
| ||
from the venue; and (vii) whether the event prohibits
| ||
participants from providing their own alcoholic liquors to the
| ||
venue. | ||
Alcoholic liquors may be served or sold in buildings under | ||
the control of the Board of Trustees of Chicago State | ||
University for events that the Board may determine are public | ||
events and not student-related activities. The Board of | ||
Trustees shall issue a written policy within 6 months after | ||
August 2, 2013 ( the effective date of Public Act 98-132) this | ||
amendatory Act of the 98th General Assembly concerning the | ||
types of events that would be eligible for an exemption. | ||
Thereafter, the Board of Trustees may issue revised, updated, | ||
new, or amended policies as it deems necessary and appropriate. | ||
In preparing its written policy, the Board of Trustees shall, | ||
in addition to other factors it considers relevant and | ||
important, give consideration to the following: (i) whether the | ||
event is a student activity or student-related activity; (ii) | ||
whether the physical setting of the event is conducive to | ||
control of liquor sales and distribution; (iii) the ability of | ||
the event operator to ensure that the sale or serving of | ||
alcoholic liquors and the demeanor of the participants are in | ||
accordance with State law and University policies; (iv) the | ||
anticipated attendees at the event and the relative proportion | ||
of individuals under the age of 21 to individuals age 21 or |
older; (v) the ability of the venue operator to prevent the | ||
sale or distribution of alcoholic liquors to individuals under | ||
the age of 21; (vi) whether the event prohibits participants | ||
from removing alcoholic beverages from the venue; and (vii) | ||
whether the event prohibits participants from providing their | ||
own alcoholic liquors to the venue. | ||
Alcoholic liquors may be served or sold in buildings under
| ||
the control of the Board of Trustees of Illinois State | ||
University
for events that the Board may determine are public
| ||
events and not student-related activities. The Board of
| ||
Trustees shall issue a written policy within 6 months after the | ||
effective date of this amendatory Act of the 97th General | ||
Assembly concerning the types of events that would be eligible
| ||
for an exemption. Thereafter, the Board of Trustees may issue
| ||
revised, updated, new, or amended policies as it deems
| ||
necessary and appropriate. In preparing its written policy, the
| ||
Board of Trustees shall, in addition to other factors it | ||
considers
relevant and important, give consideration to the | ||
following:
(i) whether the event is a student activity or | ||
student-related
activity; (ii) whether the physical setting of | ||
the event is
conducive to control of liquor sales and | ||
distribution; (iii)
the ability of the event operator to ensure | ||
that the sale or
serving of alcoholic liquors and the demeanor | ||
of the
participants are in accordance with State law and | ||
University
policies; (iv) the anticipated attendees at the
| ||
event and the relative proportion of individuals under the age |
of
21 to individuals age 21 or older; (v) the ability of the | ||
venue
operator to prevent the sale or distribution of alcoholic
| ||
liquors to individuals under the age of 21; (vi) whether the
| ||
event prohibits participants from removing alcoholic beverages
| ||
from the venue; and (vii) whether the event prohibits
| ||
participants from providing their own alcoholic liquors to the
| ||
venue. | ||
Alcoholic liquor may be delivered to and sold at retail in | ||
the
Dorchester Senior Business Center owned by the Village of | ||
Dolton if the
alcoholic liquor is sold or dispensed only in | ||
connection with organized
functions for which the planned | ||
attendance is 20 or more persons, and if
the person or facility | ||
selling or dispensing the alcoholic liquor has
provided dram | ||
shop liability insurance in maximum limits so as to hold
| ||
harmless the Village of Dolton and the State from all financial | ||
loss,
damage and harm.
| ||
Alcoholic liquors may be delivered to and sold at retail in | ||
any
building used as an Illinois State Armory provided:
| ||
(i) the Adjutant General's written consent to the | ||
issuance of a
license to sell alcoholic liquor in such | ||
building is filed with the
Commission;
| ||
(ii) the alcoholic liquor is sold or dispensed only in | ||
connection
with organized functions held on special | ||
occasions;
| ||
(iii) the organized function is one for which the | ||
planned attendance
is 25 or more persons; and
|
(iv) the facility selling or dispensing the alcoholic | ||
liquors has
provided dram shop liability insurance in | ||
maximum limits so as to save
harmless the facility and the | ||
State from all financial loss, damage or harm.
| ||
Alcoholic liquors may be delivered to and sold at retail in | ||
the Chicago
Civic Center, provided that:
| ||
(i) the written consent of the Public Building | ||
Commission which
administers the Chicago Civic Center is | ||
filed with the Commission;
| ||
(ii) the alcoholic liquor is sold or dispensed only in | ||
connection with
organized functions held on special | ||
occasions;
| ||
(iii) the organized function is one for which the | ||
planned attendance is
25 or more persons;
| ||
(iv) the facility selling or dispensing the alcoholic | ||
liquors has
provided dram shop liability insurance in | ||
maximum limits so as to hold
harmless the Civic Center, the | ||
City of Chicago and the State from all
financial loss, | ||
damage or harm; and
| ||
(v) all applicable local ordinances are complied with.
| ||
Alcoholic liquors may be delivered or sold in any building | ||
belonging to
or under the control of any city, village or | ||
incorporated town where more
than 75% of the physical | ||
properties of the building is used for commercial
or | ||
recreational purposes, and the building is located upon a pier | ||
extending
into or over the waters of a navigable lake or stream |
or on the shore of a
navigable lake or stream.
In accordance | ||
with a license issued under this Act, alcoholic liquor may be | ||
sold, served, or delivered in buildings and facilities under
| ||
the control
of the Department of Natural Resources during | ||
events or activities lasting no more than 7 continuous days | ||
upon the written approval of the
Director of
Natural Resources | ||
acting as the controlling government authority. The Director
of
| ||
Natural Resources may specify conditions on that approval, | ||
including but not
limited to
requirements for insurance and | ||
hours of operation.
Notwithstanding any other provision of this | ||
Act, alcoholic liquor sold by a
United States Army Corps of | ||
Engineers or Department of Natural
Resources
concessionaire | ||
who was operating on June 1, 1991 for on-premises consumption
| ||
only is not subject to the provisions of Articles IV and IX. | ||
Beer and wine
may be sold on the premises of the Joliet Park | ||
District Stadium owned by
the Joliet Park District when written | ||
consent to the issuance of a license
to sell beer and wine in | ||
such premises is filed with the local liquor
commissioner by | ||
the Joliet Park District. Beer and wine may be sold in
| ||
buildings on the grounds of State veterans' homes when written | ||
consent to
the issuance of a license to sell beer and wine in | ||
such buildings is filed
with the Commission by the Department | ||
of Veterans' Affairs, and the
facility shall provide dram shop | ||
liability in maximum insurance coverage
limits so as to save | ||
the facility harmless from all financial loss, damage
or harm. | ||
Such liquors may be delivered to and sold at any property owned |
or
held under lease by a Metropolitan Pier and Exposition | ||
Authority or
Metropolitan Exposition and Auditorium Authority.
| ||
Beer and wine may be sold and dispensed at professional | ||
sporting events
and at professional concerts and other | ||
entertainment events conducted on
premises owned by the Forest | ||
Preserve District of Kane County, subject to
the control of the | ||
District Commissioners and applicable local law,
provided that | ||
dram shop liability insurance is provided at maximum coverage
| ||
limits so as to hold the District harmless from all financial | ||
loss, damage
and harm.
| ||
Nothing in this Section shall preclude the sale or delivery | ||
of beer and
wine at a State or county fair or the sale or | ||
delivery of beer or wine at a
city fair in any otherwise lawful | ||
manner.
| ||
Alcoholic liquors may be sold at retail in buildings in | ||
State parks
under the control of the Department of Natural | ||
Resources,
provided:
| ||
a. the State park has overnight lodging facilities with | ||
some
restaurant facilities or, not having overnight | ||
lodging facilities, has
restaurant facilities which serve | ||
complete luncheon and dinner or
supper meals,
| ||
b. (blank), and consent to the issuance of a license to | ||
sell alcoholic liquors in
the buildings has been filed with | ||
the commission by the Department of
Natural Resources, and
| ||
c. the alcoholic liquors are sold by the State park | ||
lodge or
restaurant concessionaire only during the hours |
from 11 o'clock a.m. until
12 o'clock midnight. | ||
Notwithstanding any other provision of this Act,
alcoholic | ||
liquor sold by the State park or restaurant concessionaire | ||
is not
subject to the provisions of Articles IV and IX.
| ||
Alcoholic liquors may be sold at retail in buildings on | ||
properties
under the control of the Historic Sites and | ||
Preservation Division of the
Historic Preservation
Agency or | ||
the Abraham Lincoln Presidential Library and Museum provided:
| ||
a. the property has overnight lodging facilities with | ||
some restaurant
facilities or, not having overnight | ||
lodging facilities, has restaurant
facilities which serve | ||
complete luncheon and dinner or supper meals,
| ||
b. consent to the issuance of a license to sell | ||
alcoholic liquors in
the buildings has been filed with the | ||
commission by the Historic Sites and
Preservation Division
| ||
of the Historic
Preservation Agency or the Abraham Lincoln | ||
Presidential Library and Museum,
and
| ||
c. the alcoholic liquors are sold by the lodge or | ||
restaurant
concessionaire only during the hours from 11 | ||
o'clock a.m. until 12 o'clock
midnight.
| ||
The sale of alcoholic liquors pursuant to this Section does | ||
not
authorize the establishment and operation of facilities | ||
commonly called
taverns, saloons, bars, cocktail lounges, and | ||
the like except as a part
of lodge and restaurant facilities in | ||
State parks or golf courses owned
by Forest Preserve Districts | ||
with a population of less than 3,000,000 or
municipalities or |
park districts.
| ||
Alcoholic liquors may be sold at retail in the Springfield
| ||
Administration Building of the Department of Transportation | ||
and the
Illinois State Armory in Springfield; provided, that | ||
the controlling
government authority may consent to such sales | ||
only if
| ||
a. the request is from a not-for-profit organization;
| ||
b. such sales would not impede normal operations of the | ||
departments
involved;
| ||
c. the not-for-profit organization provides dram shop | ||
liability in
maximum insurance coverage limits and agrees | ||
to defend, save harmless
and indemnify the State of | ||
Illinois from all financial loss, damage or harm;
| ||
d. no such sale shall be made during normal working | ||
hours of the
State of Illinois; and
| ||
e. the consent is in writing.
| ||
Alcoholic liquors may be sold at retail in buildings in | ||
recreational
areas of river conservancy districts under the | ||
control of, or leased
from, the river conservancy districts. | ||
Such sales are subject to
reasonable local regulations as | ||
provided in Article IV; however, no such
regulations may | ||
prohibit or substantially impair the sale of alcoholic
liquors | ||
on Sundays or Holidays.
| ||
Alcoholic liquors may be provided in long term care | ||
facilities owned or
operated by a county under Division 5-21 or | ||
5-22 of the Counties Code,
when approved by the facility |
operator and not in conflict
with the regulations of the | ||
Illinois Department of Public Health, to
residents of the | ||
facility who have had their consumption of the alcoholic
| ||
liquors provided approved in writing by a physician licensed to | ||
practice
medicine in all its branches.
| ||
Alcoholic liquors may be delivered to and dispensed in | ||
State housing
assigned to employees of the Department of | ||
Corrections.
No person shall furnish or allow to be furnished | ||
any alcoholic
liquors to any prisoner confined in any jail, | ||
reformatory, prison or house
of correction except upon a | ||
physician's prescription for medicinal purposes.
| ||
Alcoholic liquors may be sold at retail or dispensed at the | ||
Willard Ice
Building in Springfield, at the State Library in | ||
Springfield, and at
Illinois State Museum facilities by (1) an
| ||
agency of the State, whether legislative, judicial or | ||
executive, provided
that such agency first obtains written | ||
permission to sell or dispense
alcoholic liquors from the | ||
controlling government authority, or by (2) a
not-for-profit | ||
organization, provided that such organization:
| ||
a. Obtains written consent from the controlling | ||
government authority;
| ||
b. Sells or dispenses the alcoholic liquors in a manner | ||
that does not
impair normal operations of State offices | ||
located in the building;
| ||
c. Sells or dispenses alcoholic liquors only in | ||
connection with an
official activity in the building;
|
d. Provides, or its catering service provides, dram | ||
shop liability
insurance in maximum coverage limits and in | ||
which the carrier agrees to
defend, save harmless and | ||
indemnify the State of Illinois from all
financial loss, | ||
damage or harm arising out of the selling or dispensing of
| ||
alcoholic liquors.
| ||
Nothing in this Act shall prevent a not-for-profit | ||
organization or agency
of the State from employing the services | ||
of a catering establishment for
the selling or dispensing of | ||
alcoholic liquors at authorized functions.
| ||
The controlling government authority for the Willard Ice | ||
Building in
Springfield shall be the Director of the Department | ||
of Revenue. The
controlling government authority for Illinois | ||
State Museum facilities shall
be the Director of the Illinois | ||
State Museum. The controlling government
authority for the | ||
State Library in Springfield shall be the Secretary of State.
| ||
Alcoholic liquors may be delivered to and sold at retail or | ||
dispensed
at any facility, property or building under the | ||
jurisdiction of the
Historic Sites and Preservation Division of | ||
the
Historic Preservation Agency
or the Abraham
Lincoln | ||
Presidential Library and Museum
where the delivery, sale or
| ||
dispensing is by (1)
an agency of the State, whether | ||
legislative, judicial or executive,
provided that such agency | ||
first obtains written permission to sell or
dispense alcoholic | ||
liquors from a controlling government authority, or by (2) an | ||
individual or organization provided that such individual or |
organization:
| ||
a. Obtains written consent from the controlling | ||
government authority;
| ||
b. Sells or dispenses the alcoholic liquors in a manner | ||
that does not
impair normal workings of State offices or | ||
operations located at the
facility, property or building;
| ||
c. Sells or dispenses alcoholic liquors only in | ||
connection with an
official activity of the individual or | ||
organization in the facility,
property or building;
| ||
d. Provides, or its catering service provides, dram | ||
shop liability
insurance in maximum coverage limits and in | ||
which the carrier agrees to
defend, save harmless and | ||
indemnify the State of Illinois from all
financial loss, | ||
damage or harm arising out of the selling or dispensing of
| ||
alcoholic liquors.
| ||
The controlling government authority for the
Historic | ||
Sites and Preservation Division of the
Historic Preservation | ||
Agency
shall be the Director of the Historic Sites and | ||
Preservation, and the
controlling
government authority for the | ||
Abraham Lincoln Presidential Library and Museum
shall be the | ||
Director of the Abraham Lincoln Presidential Library and | ||
Museum.
| ||
Alcoholic liquors may be delivered to and sold at retail or | ||
dispensed for
consumption at the Michael Bilandic Building at | ||
160 North LaSalle Street,
Chicago IL 60601, after the normal | ||
business hours of any day care or child care
facility located |
in the building, by (1) a commercial tenant or subtenant
| ||
conducting business on the premises under a lease made pursuant | ||
to Section
405-315 of the Department of Central Management | ||
Services Law (20 ILCS
405/405-315), provided that such tenant | ||
or subtenant who accepts delivery of,
sells, or dispenses | ||
alcoholic liquors shall procure and maintain dram shop
| ||
liability insurance in maximum coverage limits and in which the | ||
carrier
agrees to defend, indemnify, and save harmless the | ||
State of Illinois from
all financial loss, damage, or harm | ||
arising out of the delivery, sale, or
dispensing of alcoholic | ||
liquors, or by (2) an agency of the State, whether
legislative, | ||
judicial, or executive, provided that such agency first obtains
| ||
written permission to accept delivery of and sell or dispense | ||
alcoholic liquors
from the Director of Central Management | ||
Services, or by (3) a not-for-profit
organization, provided | ||
that such organization:
| ||
a. obtains written consent from the Department of | ||
Central Management
Services;
| ||
b. accepts delivery of and sells or dispenses the | ||
alcoholic liquors in a
manner that does not impair normal | ||
operations of State offices located in the
building;
| ||
c. accepts delivery of and sells or dispenses alcoholic | ||
liquors only in
connection with an official activity in the | ||
building; and
| ||
d. provides, or its catering service provides, dram | ||
shop liability
insurance in maximum coverage limits and in |
which the carrier agrees to
defend, save harmless, and | ||
indemnify the State of Illinois from all
financial loss, | ||
damage, or harm arising out of the selling or dispensing of
| ||
alcoholic liquors.
| ||
Nothing in this Act shall prevent a not-for-profit | ||
organization or agency
of the State from employing the services | ||
of a catering establishment for
the selling or dispensing of | ||
alcoholic liquors at functions authorized by
the Director of | ||
Central Management Services.
| ||
Alcoholic liquors may be sold at retail or dispensed at the | ||
James R.
Thompson Center in Chicago, subject to the provisions | ||
of Section 7.4 of the
State Property Control Act, and 222 South | ||
College Street in Springfield,
Illinois by (1) a commercial | ||
tenant or subtenant conducting business on the
premises under a | ||
lease or sublease made pursuant to Section 405-315 of the
| ||
Department of Central Management Services Law (20 ILCS | ||
405/405-315), provided
that such tenant or subtenant who
sells | ||
or dispenses alcoholic liquors shall procure and maintain dram | ||
shop
liability insurance in maximum coverage limits and in | ||
which the carrier
agrees to defend, indemnify and save harmless | ||
the State of Illinois from
all financial loss, damage or harm | ||
arising out of the sale or dispensing of
alcoholic liquors, or | ||
by (2) an agency of the State, whether legislative,
judicial or | ||
executive, provided that such agency first obtains written
| ||
permission to sell or dispense alcoholic liquors from the | ||
Director of
Central Management Services, or by (3) a |
not-for-profit organization,
provided that such organization:
| ||
a. Obtains written consent from the Department of | ||
Central Management
Services;
| ||
b. Sells or dispenses the alcoholic liquors in a manner | ||
that does not
impair normal operations of State offices | ||
located in the building;
| ||
c. Sells or dispenses alcoholic liquors only in | ||
connection with an
official activity in the building;
| ||
d. Provides, or its catering service provides, dram | ||
shop liability
insurance in maximum coverage limits and in | ||
which the carrier agrees to
defend, save harmless and | ||
indemnify the State of Illinois from all
financial loss, | ||
damage or harm arising out of the selling or dispensing of
| ||
alcoholic liquors.
| ||
Nothing in this Act shall prevent a not-for-profit | ||
organization or agency
of the State from employing the services | ||
of a catering establishment for
the selling or dispensing of | ||
alcoholic liquors at functions authorized by
the Director of | ||
Central Management Services.
| ||
Alcoholic liquors may be sold or delivered at any facility | ||
owned by the
Illinois Sports Facilities Authority provided that | ||
dram shop liability
insurance has been made available in a | ||
form, with such coverage and in such
amounts as the Authority | ||
reasonably determines is necessary.
| ||
Alcoholic liquors may be sold at retail or dispensed at the | ||
Rockford
State Office Building by (1) an agency of the State, |
whether legislative,
judicial or executive, provided that such | ||
agency first obtains written
permission to sell or dispense | ||
alcoholic liquors from the Department of
Central Management | ||
Services, or by (2) a not-for-profit organization,
provided | ||
that such organization:
| ||
a. Obtains written consent from the Department of | ||
Central Management
Services;
| ||
b. Sells or dispenses the alcoholic liquors in a manner | ||
that does not
impair normal operations of State offices | ||
located in the building;
| ||
c. Sells or dispenses alcoholic liquors only in | ||
connection with an
official activity in the building;
| ||
d. Provides, or its catering service provides, dram | ||
shop liability
insurance in maximum coverage limits and in | ||
which the carrier agrees to defend,
save harmless and | ||
indemnify the State of Illinois from all financial loss,
| ||
damage or harm arising out of the selling or dispensing of | ||
alcoholic liquors.
| ||
Nothing in this Act shall prevent a not-for-profit | ||
organization or agency
of the State from employing the services | ||
of a catering establishment for
the selling or dispensing of | ||
alcoholic liquors at functions authorized by
the Department of | ||
Central Management Services.
| ||
Alcoholic liquors may be sold or delivered in a building | ||
that is owned
by McLean County, situated on land owned by the | ||
county in the City of
Bloomington, and used by the McLean |
County Historical Society if the sale
or delivery is approved | ||
by an ordinance adopted by the county board, and
the | ||
municipality in which the building is located may not prohibit | ||
that
sale or delivery, notwithstanding any other provision of | ||
this Section. The
regulation of the sale and delivery of | ||
alcoholic liquor in a building that
is owned by McLean County, | ||
situated on land owned by the county, and used
by the McLean | ||
County Historical Society as provided in this paragraph is an
| ||
exclusive power and function of the State and is a denial and | ||
limitation
under Article VII, Section 6, subsection (h) of the | ||
Illinois Constitution
of the power of a home rule municipality | ||
to regulate that sale and delivery.
| ||
Alcoholic liquors may be sold or delivered in any building | ||
situated on
land held in trust for any school district | ||
organized under Article 34 of
the School Code, if the building | ||
is not used for school purposes and if the
sale or delivery is | ||
approved by the board of education.
| ||
Alcoholic liquors may be sold or delivered in buildings | ||
owned
by the Community Building Complex Committee of Boone | ||
County,
Illinois if the person or facility selling or | ||
dispensing the
alcoholic liquor has provided dram shop | ||
liability insurance with coverage and
in amounts that the | ||
Committee reasonably determines are necessary.
| ||
Alcoholic liquors may be sold or delivered in the building | ||
located at
1200 Centerville Avenue in Belleville, Illinois and | ||
occupied by either the
Belleville Area Special Education |
District or the Belleville Area Special
Services
Cooperative. | ||
Alcoholic liquors may be delivered to and sold at the Louis | ||
Joliet
Renaissance Center, City Center Campus, located at 214 | ||
N. Ottawa Street,
Joliet, and
the Food Services/Culinary Arts | ||
Department facilities, Main Campus, located at
1215 Houbolt | ||
Road, Joliet, owned by or under the control of Joliet Junior
| ||
College,
Illinois Community College District No. 525.
| ||
Alcoholic liquors may be delivered to and sold at Triton | ||
College, Illinois Community College District No. 504. | ||
Alcoholic liquors may be delivered to and sold at the | ||
College of DuPage, Illinois Community College District No. 502. | ||
Alcoholic liquors may be delivered to and sold at the | ||
building located at 446 East Hickory Avenue in Apple River, | ||
Illinois, owned by the Apple River Fire Protection District, | ||
and occupied by the Apple River Community Association if the | ||
alcoholic liquor is sold or dispensed only in connection with | ||
organized functions approved by the Apple River Community | ||
Association for which the planned attendance is 20 or more | ||
persons and if the person or facility selling or dispensing the | ||
alcoholic liquor has provided dram shop liability insurance in | ||
maximum limits so as to hold harmless the Apple River Fire | ||
Protection District, the Village of Apple River, and the Apple | ||
River Community Association from all financial loss, damage, | ||
and harm. | ||
Alcoholic liquors may be delivered to and sold at the Sikia | ||
Restaurant, Kennedy King College Campus, located at 740 West |
63rd Street, Chicago, and at the Food Services in the Great | ||
Hall/Washburne Culinary Institute Department facility, Kennedy | ||
King College Campus, located at 740 West 63rd Street, Chicago, | ||
owned by or under the control of City Colleges of Chicago, | ||
Illinois Community College District No. 508.
| ||
(Source: P.A. 97-33, eff. 6-28-11; 97-45, eff. 6-28-11; 97-51, | ||
eff. 6-28-11; 97-167, eff. 7-22-11; 97-250, eff. 8-4-11; | ||
97-395, eff. 8-16-11; 97-813, eff. 7-13-12; 97-1166, eff. | ||
3-1-13; 98-132, eff. 8-2-13; 98-201, eff. 8-9-13; revised | ||
9-24-13.) | ||
(320 ILCS 65/20 rep.) | ||
Section 110. The Family Caregiver Act is amended by | ||
repealing Section 20.
| ||
(410 ILCS 3/10 rep.)
| ||
Section 115. The Atherosclerosis Prevention Act is amended | ||
by repealing Section 10.
| ||
(410 ILCS 425/Act rep.)
| ||
Section 120. The High Blood Pressure Control Act is | ||
repealed. | ||
Section 125. The Environmental Protection Act is amended by | ||
changing Section 22.8 as follows:
|
(415 ILCS 5/22.8) (from Ch. 111 1/2, par. 1022.8)
| ||
Sec. 22.8. Environmental Protection Permit and Inspection | ||
Fund.
| ||
(a) There is hereby created in the State Treasury a special | ||
fund to be known
as the Environmental Protection Permit and | ||
Inspection Fund. All fees collected
by the Agency pursuant to | ||
this Section, Section 9.6, 12.2, 16.1, 22.2
(j)(6)(E)(v)(IV), | ||
56.4, 56.5, 56.6, and subsection (f) of Section 5 of this
Act , | ||
or pursuant to Section 22 of the Public Water Supply Operations | ||
Act or Section 1011 of the Solid Waste Site Operator | ||
Certification Law, as well as
and funds collected under | ||
subsection (b.5) of Section 42 of this Act ,
shall be deposited | ||
into the Fund. In addition to any monies appropriated
from the | ||
General Revenue Fund, monies in the Fund shall be appropriated
| ||
by the General Assembly to the Agency in amounts deemed | ||
necessary for
manifest, permit, and inspection activities and | ||
for performing its functions, powers, and duties under the | ||
Solid Waste Site Operator Certification Law processing | ||
requests
under Section 22.2 (j)(6)(E)(v)(IV) .
| ||
The General Assembly may appropriate monies in the Fund | ||
deemed necessary
for Board regulatory and adjudicatory | ||
proceedings.
| ||
(a-5) As soon as practicable after the effective date of | ||
this amendatory Act of the 98th General Assembly, but no later | ||
than January 1, 2014, the State Comptroller shall direct and | ||
the State Treasurer shall transfer all monies in the Industrial |
Hygiene Regulatory and Enforcement Fund to the Environmental | ||
Protection Permit and Inspection Fund to be used in accordance | ||
with the terms of the Environmental Protection Permit and | ||
Inspection Fund. | ||
(a-6) As soon as practicable after the effective date of | ||
this amendatory Act of the 98th General Assembly, but no later | ||
than December 31, 2014, the State Comptroller shall order the | ||
transfer of, and the State Treasurer shall transfer, all moneys | ||
in the Hazardous Waste Occupational Licensing Fund into the | ||
Environmental Protection Permit and Inspection Fund to be used | ||
in accordance with the terms of the Environmental Protection | ||
Permit and Inspection Fund. | ||
(b) The Agency shall collect from the
owner or operator of | ||
any of the following types of hazardous waste disposal
sites or | ||
management facilities which require a RCRA permit under | ||
subsection
(f) of Section 21 of this Act, or a UIC permit under | ||
subsection (g) of Section
12 of this Act, an annual fee in the | ||
amount of:
| ||
(1) $35,000 ($70,000 beginning in 2004)
for a hazardous | ||
waste disposal site receiving hazardous
waste if the | ||
hazardous waste disposal site is located off the site where
| ||
such waste was produced;
| ||
(2) $9,000 ($18,000 beginning in 2004)
for a hazardous | ||
waste disposal site receiving hazardous waste
if the | ||
hazardous waste disposal site is located on the site where | ||
such
waste was produced;
|
(3) $7,000 ($14,000 beginning in 2004)
for a hazardous | ||
waste disposal site receiving hazardous waste
if the | ||
hazardous waste disposal site is an underground injection | ||
well;
| ||
(4) $2,000 ($4,000 beginning in 2004)
for a hazardous | ||
waste management facility treating
hazardous waste by | ||
incineration;
| ||
(5) $1,000 ($2,000 beginning in 2004)
for a hazardous | ||
waste management facility treating hazardous
waste by a | ||
method, technique or process other than incineration;
| ||
(6) $1,000 ($2,000 beginning in 2004)
for a hazardous | ||
waste management facility storing hazardous
waste in a | ||
surface impoundment or pile;
| ||
(7) $250 ($500 beginning in 2004)
for a hazardous waste | ||
management facility storing hazardous
waste other than in a | ||
surface impoundment or pile; and
| ||
(8) Beginning in 2004, $500 for a large quantity | ||
hazardous waste
generator required to submit an annual or | ||
biennial report for hazardous waste
generation.
| ||
(c) Where two or more operational units are located within | ||
a single
hazardous waste disposal site, the Agency shall | ||
collect from the owner or
operator of such site an annual fee | ||
equal to the highest fee imposed by
subsection (b) of this | ||
Section upon any single operational unit within the
site.
| ||
(d) The fee imposed upon a hazardous waste disposal site | ||
under this
Section shall be the exclusive permit and inspection |
fee applicable to
hazardous waste disposal at such site, | ||
provided that nothing in this
Section shall be construed to | ||
diminish or otherwise affect any fee imposed
upon the owner or | ||
operator of a hazardous waste disposal site by Section 22.2.
| ||
(e) The Agency shall establish procedures, no later than | ||
December 1,
1984, relating to the collection of the hazardous | ||
waste disposal site
fees authorized by this Section. Such | ||
procedures shall include, but not be
limited to the time and | ||
manner of payment of fees to the Agency, which
shall be | ||
quarterly, payable at the beginning of each quarter for | ||
hazardous
waste disposal site fees. Annual fees required under | ||
paragraph (7) of
subsection (b) of this Section shall accompany | ||
the annual report required
by Board regulations for the | ||
calendar year for which the report applies.
| ||
(f) For purposes of this Section, a hazardous waste | ||
disposal site
consists of one or more of the following | ||
operational units:
| ||
(1) a landfill receiving hazardous waste for disposal;
| ||
(2) a waste pile or surface impoundment, receiving | ||
hazardous waste, in
which residues which exhibit any of the | ||
characteristics of hazardous waste
pursuant to Board | ||
regulations are reasonably expected to remain after | ||
closure;
| ||
(3) a land treatment facility receiving hazardous | ||
waste; or
| ||
(4) a well injecting hazardous waste.
|
(g) The Agency shall assess a fee for each manifest | ||
provided by the
Agency. For manifests provided on or after | ||
January 1, 1989 but before July 1,
2003, the fee shall be $1 | ||
per manifest. For manifests provided on or after
July 1, 2003, | ||
the fee shall be $3 per manifest.
| ||
(Source: P.A. 98-78, eff. 7-15-13.)
| ||
Section 130. The Illinois Pesticide Act is amended by | ||
changing Sections 19.3 and 22.2 as follows:
| ||
(415 ILCS 60/19.3)
| ||
Sec. 19.3. Agrichemical Facility Response Action Program.
| ||
(a) It is the policy of the State of Illinois that an | ||
Agrichemical Facility
Response Action Program be implemented | ||
to reduce potential agrichemical pollution
and minimize | ||
environmental degradation risk potential at these sites. In | ||
this
Section, "agrichemical facility" means a site where | ||
agrichemicals are
stored or handled, or both, in preparation | ||
for end use. "Agrichemical
facility" does not include basic | ||
manufacturing or central distribution sites
utilized only for | ||
wholesale purposes. As used in this Section, "agrichemical"
| ||
means pesticides or commercial fertilizers at an agrichemical | ||
facility.
| ||
The program shall provide guidance for assessing the threat | ||
of soil
agrichemical
contaminants to groundwater and | ||
recommending which sites need to establish a
voluntary |
corrective action program.
| ||
The program shall establish appropriate site-specific soil | ||
cleanup
objectives, which shall be based on the potential for | ||
the agrichemical
contaminants to move from the soil to | ||
groundwater and the potential of the
specific soil agrichemical | ||
contaminants to cause an
exceedence of a Class I
or Class III | ||
groundwater quality standard or a health advisory level. The
| ||
Department shall use the information found and procedures | ||
developed in the
Agrichemical Facility Site Contamination | ||
Study or other appropriate physical
evidence to establish the | ||
soil agrichemical contaminant
levels of concern to
groundwater | ||
in the various hydrological settings to establish | ||
site-specific
cleanup objectives.
| ||
No remediation of a site may be recommended unless (i) the | ||
agrichemical
contamination
level in the soil exceeds the | ||
site-specific cleanup objectives
or (ii) the agrichemical | ||
contaminant level in the soil
exceeds levels where physical | ||
evidence and risk evaluation indicates
probability of the site | ||
causing an
exceedence of a groundwater quality standard.
| ||
When a remediation plan must be carried out over a number | ||
of years due to
limited financial resources of the owner or | ||
operator of the agrichemical
facility, those soil agrichemical | ||
contaminated areas that
have the greatest potential to | ||
adversely impact vulnerable Class I groundwater
aquifers and | ||
adjacent potable water wells shall
receive the highest priority | ||
rating and be remediated first.
|
(b) (Blank). The Agrichemical Facility Response Action | ||
Program Board ("the Board") is
created. The
Board members shall | ||
consist of the following:
| ||
(1) The Director or the Director's designee.
| ||
(2) One member who represents pesticide manufacturers.
| ||
(3) Two members who represent retail agrichemical | ||
dealers.
| ||
(4) One member who represents agrichemical | ||
distributors.
| ||
(5) One member who represents active farmers.
| ||
(6) One member at large.
| ||
The public members of the Board shall be appointed by the | ||
Governor for terms
of 2 years. Those persons on the Board who | ||
represent pesticide manufacturers,
agrichemical dealers, | ||
agrichemical distributors, and farmers shall be selected
from | ||
recommendations made by the associations whose membership | ||
reflects those
specific areas of interest. The members of the | ||
Board shall be appointed within
90 days after the effective | ||
date of this amendatory Act of 1995. Vacancies on
the Board | ||
shall be filled within 30 days. The Board may fill any | ||
membership
position vacant for a period exceeding 30 days.
| ||
The members of the Board shall be paid no compensation, but | ||
shall be
reimbursed
for their expenses incurred in performing | ||
their duties. If a civil
proceeding is commenced against a | ||
Board member arising out of an act or
omission occurring within | ||
the scope of the Board member's performance of his or
her |
duties under this Section, the State, as provided by rule, | ||
shall indemnify
the Board member for any damages awarded and | ||
court costs and attorney's fees
assessed as part of a final and | ||
unreversed judgement, or shall pay the
judgment, unless the | ||
court or jury finds that the conduct or inaction that gave
rise | ||
to the claim or cause of action was intentional, wilful or | ||
wanton
misconduct and was not intended to serve or benefit | ||
interests of the State.
| ||
The chairperson of the Board shall be selected by the Board | ||
from among the
public members.
| ||
(c) (Blank). The Board has the authority to do the | ||
following:
| ||
(1) Cooperate with the Department and review and | ||
approve an agrichemical
facility remediation program as | ||
outlined in the handbook or manual as set forth
in | ||
subdivision (d)(8) of this Section.
| ||
(2) Review and give final approval to each agrichemical | ||
facility
corrective
action plan.
| ||
(3) Approve any changes to an agrichemical facility's | ||
corrective action
plan that may be necessary.
| ||
(4) Upon completion of the corrective action plan, | ||
recommend to the
Department that the site-specific cleanup | ||
objectives have been met and that a
notice of closure be | ||
issued by the Department stating that no further remedial
| ||
action is required to remedy the past agrichemical
| ||
contamination.
|
(5) When a soil agrichemical contaminant assessment
| ||
confirms that remedial
action
is not required in accordance | ||
with the Agrichemical Facility Response Action
Program, | ||
recommend that a notice of closure be issued by the | ||
Department stating
that no
further remedial action is | ||
required to remedy the past agrichemical
contamination.
| ||
(6) Periodically review the Department's | ||
administration of the
Agrichemical Incident Response Trust | ||
Fund and actions taken with respect to the
Fund. The Board | ||
shall also provide advice to the Interagency Committee on
| ||
Pesticides regarding the proper handling of agrichemical | ||
incidents at
agrichemical facilities in Illinois.
| ||
(d) The Director has the authority to do the following:
| ||
(1) When requested by the owner or operator of an | ||
agrichemical
facility, may investigate the agrichemical | ||
facility site contamination.
| ||
(2) After completion of the investigation under item | ||
subdivision (d) (1) of this
subsection Section , recommend | ||
to the owner or operator of an
agrichemical facility that a
| ||
voluntary assessment be made of the soil agrichemical
| ||
contaminant when there is
evidence that the evaluation of | ||
risk indicates that
groundwater could be
adversely | ||
impacted.
| ||
(3) Review and make recommendations on any corrective | ||
action plan
submitted by the owner or operator of an | ||
agrichemical facility to the Board for
final approval .
|
(4) On approval by the Director Board , issue an order | ||
to the owner or operator of
an
agrichemical facility that | ||
has filed a voluntary corrective action plan that
the owner | ||
or operator may proceed with that plan.
| ||
(5) Provide remedial project oversight and , monitor | ||
remedial work progress ,
and
report to the Board on the | ||
status of remediation projects .
| ||
(6) Provide staff to support program the activities of | ||
the Board .
| ||
(7) (Blank). Take appropriate action on the Board's | ||
recommendations regarding
policy
needed to carry out the | ||
Board's responsibilities under this Section.
| ||
(8) Incorporate In cooperation with the Board, | ||
incorporate the following into a
handbook or manual: the | ||
procedures for site assessment; pesticide constituents
of | ||
concern and associated parameters; guidance on remediation | ||
techniques, land
application, and corrective action plans; | ||
and other information or instructions
that the Department | ||
may find necessary.
| ||
(9) Coordinate preventive response actions at | ||
agrichemical facilities
pursuant to the
Groundwater | ||
Quality Standards adopted pursuant to Section 8 of the | ||
Illinois
Groundwater Protection Act to mitigate resource | ||
groundwater impairment.
| ||
Upon completion of the corrective action plan and upon | ||
recommendation of
the Board , the Department shall issue a |
notice of closure stating that
site-specific cleanup | ||
objectives have been met and no further remedial action
is | ||
required to remedy the past agrichemical contamination.
| ||
When a soil agrichemical contaminant assessment confirms
| ||
that remedial action
is not required in accordance with the | ||
Agrichemical Facility Response Action
Program and upon the | ||
recommendation of the Board , a notice of closure shall be
| ||
issued by the Department stating that no
further remedial | ||
action is required to remedy the past agrichemical
| ||
contamination.
| ||
(e) Upon receipt of notification of an agrichemical
| ||
contaminant in
groundwater pursuant to the Groundwater Quality | ||
Standards, the Department shall
evaluate the severity of the | ||
agrichemical contamination and
shall submit to the
| ||
Environmental Protection Agency an informational notice | ||
characterizing it as
follows:
| ||
(1) An agrichemical contaminant in Class I or Class III
| ||
groundwater has
exceeded
the levels of a standard adopted | ||
pursuant to the Illinois Groundwater
Protection Act or a | ||
health advisory established by the Illinois Environmental
| ||
Protection Agency or the United States Environmental | ||
Protection Agency; or
| ||
(2) An agrichemical has been detected at a level that
| ||
requires
preventive notification pursuant to a standard | ||
adopted pursuant to the Illinois
Groundwater Protection | ||
Act.
|
(f) When agrichemical contamination is characterized as in
| ||
subsection subdivision (e)(1) of this Section, a facility may | ||
elect to participate in the
Agrichemical Facility
Response | ||
Action Program. In these instances, the scope of the corrective
| ||
action plans developed, approved, and completed under this | ||
program shall be
limited to the soil agrichemical
contamination | ||
present at the site unless implementation of the plan is
| ||
coordinated with the Illinois Environmental Protection Agency | ||
as follows:
| ||
(1) Upon receipt of notice of intent to include | ||
groundwater in an action
by a facility, the Department | ||
shall also
notify the Illinois Environmental Protection | ||
Agency.
| ||
(2) Upon receipt of the corrective action plan, the | ||
Department shall
coordinate a joint review of the plan with | ||
the Illinois Environmental
Protection Agency.
| ||
(3) The Illinois Environmental Protection Agency may | ||
provide a written
endorsement of the corrective action | ||
plan.
| ||
(4) The Illinois Environmental Protection Agency may | ||
approve a
groundwater
management zone for a period
of 5 | ||
years after the implementation of the corrective action | ||
plan to allow for
groundwater impairment mitigation | ||
results.
| ||
(5) (Blank). The Department, in cooperation with the | ||
Illinois Environmental
Protection Agency, shall recommend |
a proposed corrective action plan to the
Board for final | ||
approval to proceed with remediation. The recommendation | ||
shall
be based on the joint review conducted under | ||
subdivision (f)(2) of this
Section and the status of any | ||
endorsement issued under subdivision (f)(3) of
this | ||
Section.
| ||
(6) The Department, in cooperation with the Illinois | ||
Environmental
Protection Agency, shall provide remedial | ||
project oversight, monitor remedial
work progress , and | ||
report to the Board on the status of the remediation
| ||
project .
| ||
(7) The Department shall, upon completion of the | ||
corrective action plan
and recommendation of the Board , | ||
issue a notice of closure stating that no
further remedial | ||
action is required to remedy the past agrichemical
| ||
contamination.
| ||
(g) When an owner or operator of an agrichemical facility | ||
initiates a soil
contamination assessment on the owner's or | ||
operator's own volition and
independent of any requirement | ||
under this Section 19.3, information
contained in that | ||
assessment may be held as confidential information by the
owner | ||
or operator of the facility.
| ||
(h) Except as otherwise provided by Department rule, on and | ||
after the effective date of this amendatory Act of the 98th | ||
General Assembly, any Agrichemical Facility Response Action | ||
Program requirement that may be satisfied by an industrial |
hygienist licensed pursuant to the Industrial Hygienists | ||
Licensure Act repealed in this amendatory Act may be satisfied | ||
by a Certified Industrial Hygienist certified by the American | ||
Board of Industrial Hygiene. | ||
(Source: P.A. 98-78, eff. 7-15-13.)
| ||
(415 ILCS 60/22.2) (from Ch. 5, par. 822.2)
| ||
Sec. 22.2.
(a) There is hereby created a trust fund in
the | ||
State Treasury to be known as
the Agrichemical Incident | ||
Response Trust Fund. Any funds received by
the Director of | ||
Agriculture from the mandates of Section 13.1 shall be
| ||
deposited with the Treasurer as ex-officio custodian and held | ||
separate and
apart from any public money of this State, with | ||
accruing interest on
the trust funds deposited into the trust | ||
fund. Disbursement from the fund
for purposes as set forth in | ||
this Section shall be by voucher ordered by
the Director and | ||
paid by a warrant drawn by the State Comptroller and
| ||
countersigned by the State Treasurer. The Director shall order
| ||
disbursements from the Agrichemical Incident Response Trust | ||
Fund only for
payment of the expenses authorized by this Act. | ||
Monies in this trust fund
shall not be subject
to appropriation | ||
by the General Assembly but shall be subject to audit by
the | ||
Auditor General. Should the program be terminated, all | ||
unobligated
funds in the trust fund shall be transferred to a | ||
trust fund to be used for
purposes as originally intended or be | ||
transferred to the Pesticide Control
Fund. Interest earned on |
the Fund shall
be deposited in the Fund. Monies in the Fund may | ||
be used
by the Department of Agriculture for the following | ||
purposes:
| ||
(1) for payment of costs of response action incurred by | ||
owners or
operators of agrichemical facilities as provided | ||
in Section 22.3 of this Act;
| ||
(2) for the Department to take emergency action in | ||
response to a
release of agricultural pesticides from an | ||
agrichemical facility that has
created an imminent threat | ||
to public health or the environment;
| ||
(3) for the costs of administering its activities | ||
relative to the Fund
as delineated in subsections (b) and | ||
(c) of this Section; and
| ||
(4) for the Department to:
| ||
(A) (blank); and reimburse members of the | ||
Agrichemical Facility Response Action
Program Board | ||
for their expenses incurred in performing their duties | ||
as defined
under Section 19.3 of this Act; and
| ||
(B) administer provide staff to support the | ||
activities of the Agrichemical Facility
Response | ||
Action Program Board .
| ||
The total annual expenditures from the Fund for these | ||
purposes under this
paragraph (4) shall not be more than | ||
$120,000, and no expenditure from the Fund
for these | ||
purposes shall be made when the Fund balance becomes less | ||
than
$750,000.
|
(b) The action undertaken shall be such as may be necessary | ||
or
appropriate to protect human health or the environment.
| ||
(c) The Director of Agriculture is authorized to enter into | ||
contracts
and agreements as may be necessary to carry out the | ||
Department's duties
under this Section.
| ||
(d) Neither the State, the Director, nor any State employee | ||
shall be
liable for any damages or injury arising out of or | ||
resulting from any
action taken under this Section.
| ||
(e) (Blank). On a quarterly basis, the Department shall | ||
advise and consult with
the Agrichemical Facility Response | ||
Action Program Board as to the Department's
administration of | ||
the Fund.
| ||
(Source: P.A. 89-94, eff. 7-6-95.)
| ||
Section 135. The Hazardous Material Emergency Response | ||
Reimbursement Act is amended by changing Sections 3, 4, and 5 | ||
as follows:
| ||
(430 ILCS 55/3) (from Ch. 127 1/2, par. 1003)
| ||
Sec. 3. Definitions. As used in this Act:
| ||
(a) "Emergency action" means any action taken at or near | ||
the scene of a
hazardous materials emergency incident to | ||
prevent or minimize harm to human
health, to property, or to | ||
the environments from the unintentional release
of a hazardous | ||
material.
| ||
(b) "Emergency response agency" means a unit of local
|
government, volunteer fire protection organization, or the | ||
American Red Cross that provides:
| ||
(1) firefighting services;
| ||
(2) emergency rescue services;
| ||
(3) emergency medical services;
| ||
(4) hazardous materials response teams;
| ||
(5) civil defense;
| ||
(6) technical rescue teams; or
| ||
(7) mass care or assistance to displaced persons.
| ||
(c) "Responsible party" means a person who:
| ||
(1) owns or has custody of hazardous material that is | ||
involved in an
incident requiring emergency action by an | ||
emergency response agency; or
| ||
(2) owns or has custody of bulk or non-bulk packaging | ||
or a transport
vehicle that contains hazardous material | ||
that is involved in an incident
requiring emergency action | ||
by an emergency response agency; and
| ||
(3) who causes or substantially contributed to the | ||
cause of the incident.
| ||
(d) "Person" means an individual, a corporation, a | ||
partnership, an
unincorporated association, or any unit of | ||
federal, State or local government.
| ||
(e) "Annual budget" means the cost to operate an emergency | ||
response
agency excluding personnel costs, which include | ||
salary, benefits and
training expenses; and costs to acquire | ||
capital equipment including
buildings, vehicles and other such |
major capital cost items.
| ||
(f) "Hazardous material" means a substance or material in a | ||
quantity and
form determined by the United States Department of | ||
Transportation to be
capable of posing an unreasonable risk to | ||
health and safety or property
when transported in commerce.
| ||
(g) "Fund" means the Fire Prevention Fund "Panel" means | ||
administrative panel .
| ||
(Source: P.A. 93-159, eff. 1-1-04; 94-96, eff. 1-1-06.)
| ||
(430 ILCS 55/4) (from Ch. 127 1/2, par. 1004)
| ||
Sec. 4. Establishment. The Emergency Response | ||
Reimbursement Fund in
the State Treasury, hereinafter called | ||
the Fund, is
hereby created. Appropriations shall be made from | ||
the general revenue fund
to the Fund. Monies in the Fund shall | ||
be used as provided in this Act.
| ||
The Emergency Response Reimbursement Fund is dissolved as | ||
of the effective date of this amendatory Act of the 98th | ||
General Assembly. Any moneys remaining in the fund shall be | ||
transferred to the Fire Prevention Fund. | ||
(Source: P.A. 86-972.)
| ||
(430 ILCS 55/5) (from Ch. 127 1/2, par. 1005)
| ||
Sec. 5. Reimbursement to agencies.
| ||
(a) It shall be the duty of the responsible party to | ||
reimburse, within 60 days after the receipt of a bill for the | ||
hazardous material emergency incident, the emergency response |
agencies responding to
a hazardous material emergency | ||
incident, and any private contractor
responding to the incident | ||
at the request of an emergency response agency,
for the costs | ||
incurred in the course of providing emergency action.
| ||
(b) In the event that the emergency response agencies are | ||
not reimbursed
by a responsible party as required under | ||
subsection (a), monies in the Fund , subject to appropriation, | ||
shall be used to reimburse the emergency response agencies
| ||
providing emergency action at or near the scene of a hazardous | ||
materials
emergency incident subject to the following | ||
limitations:
| ||
(1) Cost recovery from the Fund is limited to | ||
replacement of expended
materials including, but not | ||
limited to, specialized firefighting
foam, damaged hose or | ||
other reasonable and necessary supplies.
| ||
(2) The applicable cost of supplies must exceed 2% of | ||
the
emergency response agency's annual budget.
| ||
(3) A minimum of $500 must have been expended.
| ||
(4) A maximum of $10,000 may be requested per incident.
| ||
(5) The response was made to an incident involving | ||
hazardous materials
facilities such as rolling stock which | ||
are not in a terminal and which are
not included on the | ||
property tax roles for the jurisdiction where the
incident | ||
occurred.
| ||
(c) Application for reimbursement from the Fund shall be
| ||
made to the State Fire Marshal or his designee. The State Fire |
Marshal
shall, through rulemaking, promulgate a standard form | ||
for such application.
The State Fire Marshal shall adopt rules | ||
for the administration of
this Act.
| ||
(d) Claims against the Fund shall be reviewed by the | ||
Illinois Fire Advisory Commission at its normally scheduled | ||
meetings, as the claims are received. The Commission shall be | ||
responsible for: | ||
(1) reviewing claims made against the Fund and | ||
determining reasonable and necessary expenses to be | ||
reimbursed for an emergency response agency: | ||
(2) affirming that the emergency response agency has | ||
made a reasonable effort to recover expended costs from | ||
involved parties; and | ||
(3) advising the State Fire Marshal as to those claims | ||
against the Fund which merit reimbursement. | ||
(e) The State Fire Marshal shall either accept or reject | ||
the Commission's recommendations as to a claim's eligibility. | ||
The eligibility decision of the State Fire Marshal shall be a | ||
final administrative decision, and may be reviewed as provided | ||
under the Administrative Review Law. | ||
(Source: P.A. 93-989, eff. 1-1-05.)
| ||
(430 ILCS 55/7 rep.)
| ||
Section 140. The Hazardous Material Emergency Response | ||
Reimbursement Act is amended by repealing Section 7.
|
(510 ILCS 15/1 rep.)
| ||
Section 145. The Animal Gastroenteritis Act is amended by | ||
repealing Section 1. | ||
Section 150. The Illinois Pseudorabies Control Act is | ||
amended by changing Section 5.1 as follows:
| ||
(510 ILCS 90/5.1) (from Ch. 8, par. 805.1)
| ||
Sec. 5.1. Pseudorabies Advisory Committee. Upon the | ||
detection of pseudorabies within the State, the The Director of | ||
Agriculture
is authorized to establish
within the Department an | ||
advisory committee to be known as the Pseudorabies
Advisory | ||
Committee. The Committee Such committee shall consist of, but | ||
not be limited
to, representatives of swine producers, general | ||
swine organizations within
the State, licensed veterinarians, | ||
general farm organizations, auction
markets, the packing | ||
industry and the University of Illinois. Members of the | ||
Committee shall only be appointed and meet during the timeframe | ||
of the detection. The Director
shall, from time to time, | ||
consult with the Pseudorabies Advisory Committee
on changes in | ||
the pseudorabies control program.
| ||
The Director shall appoint a Technical Committee from the | ||
membership of
the Pseudorabies Advisory Committee, which shall | ||
be comprised of a
veterinarian, a swine extension specialist, | ||
and a pork producer. This
committee shall serve as resource | ||
persons for the technical aspects of the
herd plans and may |
advise the Department on procedures to be followed,
timetables | ||
for accomplishing the elimination of infection, assist in
| ||
obtaining cooperation from swine herd owners, and recommend | ||
adjustments in
the approved herd plan as necessary.
| ||
These Committee members shall be entitled to reimbursement | ||
of
all necessary and actual expenses incurred in the | ||
performance of their duties.
| ||
(Source: P.A. 89-154, eff. 7-19-95.)
| ||
(525 ILCS 25/10 rep.) | ||
Section 155. The Illinois Lake Management Program Act is | ||
amended by repealing Section 10.
| ||
(815 ILCS 325/6 rep.) | ||
Section 160. The Recyclable Metal Purchase Registration | ||
Law is amended by repealing Section 6. | ||
Section 995. Illinois Compiled Statutes reassignment. | ||
The Legislative Reference Bureau shall reassign the | ||
following Act to the specified location in the Illinois | ||
Compiled Statutes and file appropriate documents with the Index | ||
Division of the Office of the Secretary of State in accordance | ||
with subsection (c) of Section 5.04 of the Legislative | ||
Reference Bureau Act: | ||
Illinois Commission on Volunteerism and Community | ||
Service Act, reassigned from 20 ILCS 710/ to 20 ILCS 2330/.
|
Section 999. Effective date. This Act takes effect upon | ||
becoming law, except that Section 60 takes effect January 1, | ||
2015.
|