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1 | | AN ACT concerning local government.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Illinois Finance Authority Act is amended by |
5 | | changing Section 825-95 as follows: |
6 | | (20 ILCS 3501/825-95)
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7 | | Sec. 825-95. Emerald ash borer revolving loan program. |
8 | | (a) The Illinois Finance Authority may shall administer an |
9 | | emerald ash borer revolving loan program. The program shall |
10 | | provide low-interest or zero-interest loans to units of local |
11 | | government for the treatment of standing trees and replanting |
12 | | of trees on public lands that are within emerald ash borer |
13 | | quarantine areas as established by the Illinois Department of |
14 | | Agriculture. The Authority shall make loans based on the |
15 | | recommendation of the Department of Agriculture.
For the |
16 | | purposes of this Section, "treatment" means the |
17 | | administration, by environmentally sensitive processes and |
18 | | methods, of products and materials proven by academic research |
19 | | to protect ash trees from the invasive Emerald Ash Borer in |
20 | | order to prevent or reverse the damage and save the trees. |
21 | | (b) The loan funds, subject to appropriation, must be paid |
22 | | out of the Emerald Ash Borer Revolving Loan Fund, a special |
23 | | fund created in the State treasury. The moneys in the Fund |
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1 | | consist of any moneys transferred or appropriated into the Fund |
2 | | as well as all repayments of loans made under this program. |
3 | | Moneys in the Fund may be used only for loans to units of local |
4 | | government for the treatment of standing trees and replanting |
5 | | of trees within emerald ash borer quarantine areas established |
6 | | by the Department of Agriculture and for no other purpose. All |
7 | | interest earned on moneys in the Fund must be deposited into |
8 | | the Fund.
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9 | | (c) A loan for the treatment of standing trees and |
10 | | replanting of trees on public lands within emerald ash borer |
11 | | quarantine areas established by the Department of Agriculture |
12 | | may not exceed $5,000,000 to any one unit of local government. |
13 | | The repayment period for the loan may not exceed 20 years. The |
14 | | unit of local government shall repay, each year, at least 5% of |
15 | | the principal amount borrowed or the remaining balance of the |
16 | | loan, whichever is less. All repayments of loans must be |
17 | | deposited into the Emerald Ash Borer Revolving Loan Fund.
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18 | | (d) Any loan under this Section to a unit of local |
19 | | government may not exceed the moneys that the unit of local |
20 | | government expends or dedicates for the reforestation project |
21 | | for which the loan is made.
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22 | | (e) The Department of Agriculture may enter into agreements |
23 | | with a unit of local government under which the unit of local |
24 | | government is authorized to assist the Department in carrying |
25 | | out its duties in a quarantined area, including inspection and |
26 | | eradication of any dangerous insect or dangerous plant disease, |
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1 | | and including the transportation, processing, and disposal of |
2 | | diseased material. The Department is authorized to provide |
3 | | compensation or financial assistance to the unit of local |
4 | | government for its costs.
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5 | | (f) The Authority, with the assistance of the Department of |
6 | | Agriculture and the Department of Natural Resources, shall |
7 | | adopt rules to administer the program under this Section.
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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 |
10 | | changing Section 11-20-12 as follows:
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11 | | (65 ILCS 5/11-20-12) (from Ch. 24, par. 11-20-12)
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12 | | Sec. 11-20-12. Removal of infected trees. |
13 | | (a) The corporate authorities of each municipality may |
14 | | provide for the treatment or
removal of elm trees infected with |
15 | | Dutch elm disease or ash trees infected with the emerald ash |
16 | | borer (Agrilus planipennis Fairmaire) from any parcel of |
17 | | private property within the municipality if the owners of that |
18 | | parcel, after reasonable notice, refuse or neglect to treat or |
19 | | remove the infected trees. The municipality may collect, from |
20 | | the owners of the parcel, the reasonable removal cost. |
21 | | (b) The municipality's removal cost under this Section is a |
22 | | lien upon the underlying parcel in accordance with Section |
23 | | 11-20-15. |
24 | | (c) For the purpose of this Section, "removal cost" means |
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1 | | the total cost of the removal of the infected trees. |
2 | | "Treatment" means the administration, by environmentally |
3 | | sensitive processes and methods, of products and materials |
4 | | proven by academic research to protect elm and ash trees from |
5 | | an invasive disease in order to prevent or reverse the damage |
6 | | and save the trees.
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7 | | (d) In the case of an abandoned residential property as |
8 | | defined in Section 11-20-15.1, the municipality may elect to |
9 | | obtain a lien for the removal cost pursuant to Section |
10 | | 11-20-15.1, in which case the provisions of Section 11-20-15.1 |
11 | | shall be the exclusive remedy for the removal cost. |
12 | | The provisions of this subsection (d), other than this |
13 | | sentence, are inoperative upon certification by the Secretary |
14 | | of the Illinois Department of Financial and Professional |
15 | | Regulation, after consultation with the United States |
16 | | Department of Housing and Urban Development, that the Mortgage |
17 | | Electronic Registration System program is effectively |
18 | | registering substantially all mortgaged residential properties |
19 | | located in the State of Illinois, is available for access by |
20 | | all municipalities located in the State of Illinois without |
21 | | charge to them, and such registration includes the telephone |
22 | | number for the mortgage servicer. |
23 | | (Source: P.A. 95-183, eff. 8-14-07; 96-462, eff. 8-14-09; |
24 | | 96-856, eff. 3-1-10.)
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25 | | Section 99. Effective date. This Act takes effect upon |
26 | | becoming law.
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