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


Sen. Michael W. Frerichs

Filed: 3/14/2013





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2    AMENDMENT NO. ______. Amend Senate Bill 1589 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Illinois Finance Authority Act is amended
5by changing 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



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1administration, by environmentally sensitive processes and
2methods, of products and materials proven by academic research
3to protect ash trees from the invasive Emerald Ash Borer, in
4order to prevent or reverse the damage and save the trees.
5    (b) The loan funds, subject to appropriation, must be paid
6out of the Emerald Ash Borer Revolving Loan Fund, a special
7fund created in the State treasury. The moneys in the Fund
8consist of any moneys transferred or appropriated into the Fund
9as well as all repayments of loans made under this program.
10Moneys in the Fund may be used only for loans to units of local
11government for the treatment of standing trees and replanting
12of trees within emerald ash borer quarantine areas established
13by the Department of Agriculture and for no other purpose. All
14interest earned on moneys in the Fund must be deposited into
15the Fund.
16    (c) A loan for the treatment of standing trees and
17replanting of trees on public lands within emerald ash borer
18quarantine areas established by the Department of Agriculture
19may not exceed $5,000,000 to any one unit of local government.
20The repayment period for the loan may not exceed 20 years. The
21unit of local government shall repay, each year, at least 5% of
22the principal amount borrowed or the remaining balance of the
23loan, whichever is less. All repayments of loans must be
24deposited into the Emerald Ash Borer Revolving Loan Fund.
25    (d) Any loan under this Section to a unit of local
26government may not exceed the moneys that the unit of local



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1government expends or dedicates for the reforestation project
2for which the loan is made.
3    (e) The Department of Agriculture may enter into agreements
4with a unit of local government under which the unit of local
5government is authorized to assist the Department in carrying
6out its duties in a quarantined area, including inspection and
7eradication of any dangerous insect or dangerous plant disease,
8and including the transportation, processing, and disposal of
9diseased material. The Department is authorized to provide
10compensation or financial assistance to the unit of local
11government for its costs.
12    (f) The Authority, with the assistance of the Department of
13Agriculture and the Department of Natural Resources, shall
14adopt rules to administer the program under this Section.
15(Source: P.A. 95-588, eff. 9-4-07; 95-876, eff. 8-21-08.)
16    Section 10. The Illinois Municipal Code is amended by
17changing Section 11-20-12 as follows:
18    (65 ILCS 5/11-20-12)  (from Ch. 24, par. 11-20-12)
19    Sec. 11-20-12. Removal of infected trees.
20    (a) The corporate authorities of each municipality may
21provide for the treatment or removal of elm trees infected with
22Dutch elm disease or ash trees infected with the emerald ash
23borer (Agrilus planipennis Fairmaire) from any parcel of
24private property within the municipality if the owners of that



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1parcel, after reasonable notice, refuse or neglect to treat or
2remove the infected trees. The municipality may collect, from
3the owners of the parcel, the reasonable removal cost.
4    (b) The municipality's removal cost under this Section is a
5lien upon the underlying parcel in accordance with Section
7    (c) For the purpose of this Section, "removal cost" means
8the total cost of the removal of the infected trees.
9"Treatment" means the administration, by environmentally
10sensitive processes and methods, of products and materials
11proven by academic research to protect elm and ash trees from
12an invasive disease in order to prevent or reverse the damage
13and save the trees.
14    (d) In the case of an abandoned residential property as
15defined in Section 11-20-15.1, the municipality may elect to
16obtain a lien for the removal cost pursuant to Section
1711-20-15.1, in which case the provisions of Section 11-20-15.1
18shall be the exclusive remedy for the removal cost.
19    The provisions of this subsection (d), other than this
20sentence, are inoperative upon certification by the Secretary
21of the Illinois Department of Financial and Professional
22Regulation, after consultation with the United States
23Department of Housing and Urban Development, that the Mortgage
24Electronic Registration System program is effectively
25registering substantially all mortgaged residential properties
26located in the State of Illinois, is available for access by



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1all municipalities located in the State of Illinois without
2charge to them, and such registration includes the telephone
3number for the mortgage servicer.
4(Source: P.A. 95-183, eff. 8-14-07; 96-462, eff. 8-14-09;
596-856, eff. 3-1-10.)
6    Section 99. Effective date. This Act takes effect upon
7becoming law.".