Illinois General Assembly - Full Text of SB1589
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Full Text of SB1589  98th General Assembly




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1    AN ACT concerning local government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Finance Authority Act is amended by
5changing Section 825-95 as follows:
6    (20 ILCS 3501/825-95)
7    Sec. 825-95. Emerald ash borer revolving loan program.
8    (a) The Illinois Finance Authority may shall administer an
9emerald ash borer revolving loan program. The program shall
10provide low-interest or zero-interest loans to units of local
11government for the treatment of standing trees and replanting
12of trees on public lands that are within emerald ash borer
13quarantine areas as established by the Illinois Department of
14Agriculture. The Authority shall make loans based on the
15recommendation of the Department of Agriculture. For the
16purposes of this Section, "treatment" means the
17administration, by environmentally sensitive processes and
18methods, of products and materials proven by academic research
19to protect ash trees from the invasive Emerald Ash Borer in
20order to prevent or reverse the damage and save the trees.
21    (b) The loan funds, subject to appropriation, must be paid
22out of the Emerald Ash Borer Revolving Loan Fund, a special
23fund created in the State treasury. The moneys in the Fund



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1consist of any moneys transferred or appropriated into the Fund
2as well as all repayments of loans made under this program.
3Moneys in the Fund may be used only for loans to units of local
4government for the treatment of standing trees and replanting
5of trees within emerald ash borer quarantine areas established
6by the Department of Agriculture and for no other purpose. All
7interest earned on moneys in the Fund must be deposited into
8the Fund.
9    (c) A loan for the treatment of standing trees and
10replanting of trees on public lands within emerald ash borer
11quarantine areas established by the Department of Agriculture
12may not exceed $5,000,000 to any one unit of local government.
13The repayment period for the loan may not exceed 20 years. The
14unit of local government shall repay, each year, at least 5% of
15the principal amount borrowed or the remaining balance of the
16loan, whichever is less. All repayments of loans must be
17deposited into the Emerald Ash Borer Revolving Loan Fund.
18    (d) Any loan under this Section to a unit of local
19government may not exceed the moneys that the unit of local
20government expends or dedicates for the reforestation project
21for which the loan is made.
22    (e) The Department of Agriculture may enter into agreements
23with a unit of local government under which the unit of local
24government is authorized to assist the Department in carrying
25out its duties in a quarantined area, including inspection and
26eradication of any dangerous insect or dangerous plant disease,



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1and including the transportation, processing, and disposal of
2diseased material. The Department is authorized to provide
3compensation or financial assistance to the unit of local
4government for its costs.
5    (f) The Authority, with the assistance of the Department of
6Agriculture and the Department of Natural Resources, shall
7adopt rules to administer the program under this Section.
8(Source: P.A. 95-588, eff. 9-4-07; 95-876, eff. 8-21-08.)
9    Section 10. The Illinois Municipal Code is amended by
10changing Section 11-20-12 as follows:
11    (65 ILCS 5/11-20-12)  (from Ch. 24, par. 11-20-12)
12    Sec. 11-20-12. Removal of infected trees.
13    (a) The corporate authorities of each municipality may
14provide for the treatment or removal of elm trees infected with
15Dutch elm disease or ash trees infected with the emerald ash
16borer (Agrilus planipennis Fairmaire) from any parcel of
17private property within the municipality if the owners of that
18parcel, after reasonable notice, refuse or neglect to treat or
19remove the infected trees. The municipality may collect, from
20the owners of the parcel, the reasonable removal cost.
21    (b) The municipality's removal cost under this Section is a
22lien upon the underlying parcel in accordance with Section
24    (c) For the purpose of this Section, "removal cost" means



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1the total cost of the removal of the infected trees.
2"Treatment" means the administration, by environmentally
3sensitive processes and methods, of products and materials
4proven by academic research to protect elm and ash trees from
5an invasive disease in order to prevent or reverse the damage
6and save the trees.
7    (d) In the case of an abandoned residential property as
8defined in Section 11-20-15.1, the municipality may elect to
9obtain a lien for the removal cost pursuant to Section
1011-20-15.1, in which case the provisions of Section 11-20-15.1
11shall be the exclusive remedy for the removal cost.
12    The provisions of this subsection (d), other than this
13sentence, are inoperative upon certification by the Secretary
14of the Illinois Department of Financial and Professional
15Regulation, after consultation with the United States
16Department of Housing and Urban Development, that the Mortgage
17Electronic Registration System program is effectively
18registering substantially all mortgaged residential properties
19located in the State of Illinois, is available for access by
20all municipalities located in the State of Illinois without
21charge to them, and such registration includes the telephone
22number for the mortgage servicer.
23(Source: P.A. 95-183, eff. 8-14-07; 96-462, eff. 8-14-09;
2496-856, eff. 3-1-10.)
25    Section 99. Effective date. This Act takes effect upon
26becoming law.