Full Text of SB1621 98th General Assembly
SB1621ham001 98TH GENERAL ASSEMBLY | Rep. Barbara Flynn Currie Filed: 5/8/2013
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| 1 | | AMENDMENT TO SENATE BILL 1621
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1621 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "(5 ILCS 390/Act rep.)
| 5 | | Section 5. The Supported Employees Act is repealed.
| 6 | | (20 ILCS 605/605-75 rep.)
| 7 | | Section 10. The Department of Commerce and Economic | 8 | | Opportunity Law of the
Civil Administrative Code of Illinois is | 9 | | amended by repealing Section 605-75. | 10 | | Section 15. The Energy Conservation and Coal Development | 11 | | Act is amended by changing Section 3 as follows:
| 12 | | (20 ILCS 1105/3) (from Ch. 96 1/2, par. 7403)
| 13 | | Sec. 3. Powers and Duties.
| 14 | | (a) In addition to its other powers, the Department has the |
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| 1 | | following
powers:
| 2 | | (1) To administer for the State any energy programs and | 3 | | activities
under federal law, regulations or guidelines, | 4 | | and to coordinate such
programs and activities with other | 5 | | State agencies, units of local
government, and educational | 6 | | institutions.
| 7 | | (2) To represent the State in energy matters involving | 8 | | the federal
government, other states, units of local | 9 | | government, and regional
agencies.
| 10 | | (3) To prepare energy contingency plans for | 11 | | consideration by the
Governor and the General Assembly. | 12 | | Such plans shall include procedures
for determining when a | 13 | | foreseeable danger exists of energy shortages,
including | 14 | | shortages of petroleum, coal, nuclear power, natural gas, | 15 | | and
other forms of energy, and shall specify the actions to | 16 | | be taken to
minimize hardship and maintain the general | 17 | | welfare during such energy
shortages.
| 18 | | (4) To cooperate with State colleges and universities | 19 | | and their
governing boards in energy programs and | 20 | | activities.
| 21 | | (5) (Blank).
| 22 | | (6) To accept, receive, expend, and administer, | 23 | | including by
contracts and grants to other State agencies, | 24 | | any energy-related gifts,
grants, cooperative agreement | 25 | | funds, and other funds made available to
the Department by | 26 | | the federal government and other public and private
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| 1 | | sources.
| 2 | | (7) To investigate practical problems, seek and | 3 | | utilize financial
assistance, implement studies and | 4 | | conduct research relating to the
production, distribution | 5 | | and use of alcohol fuels.
| 6 | | (8) To serve as a clearinghouse for information on | 7 | | alcohol production
technology; provide assistance, | 8 | | information and data relating to the production
and use of | 9 | | alcohol; develop informational packets and brochures, and | 10 | | hold
public seminars to encourage the development and | 11 | | utilization of the best
available technology.
| 12 | | (9) To coordinate with other State agencies in order to | 13 | | promote the
maximum flow of information and to avoid | 14 | | unnecessary overlapping of alcohol
fuel programs. In order | 15 | | to effectuate this goal, the Director of the
Department or | 16 | | his representative shall consult with the Directors, or | 17 | | their
representatives, of the Departments of Agriculture, | 18 | | Central Management
Services, Transportation, and Revenue, | 19 | | the
Office of the State Fire Marshal, and the Environmental | 20 | | Protection Agency.
| 21 | | (10) To operate, within the Department, an Office of | 22 | | Coal Development
and Marketing for the promotion and | 23 | | marketing of Illinois coal both
domestically and | 24 | | internationally. The Department may use monies | 25 | | appropriated
for this purpose for necessary administrative | 26 | | expenses.
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| 1 | | The
Office of Coal Development and Marketing shall | 2 | | develop and implement an
initiative to assist the coal | 3 | | industry in Illinois to increase its share of the
| 4 | | international coal market.
| 5 | | (11) To assist the Department of Central Management | 6 | | Services in
establishing and maintaining a system to | 7 | | analyze and report energy
consumption of facilities leased | 8 | | by the Department of Central Management
Services.
| 9 | | (12) To consult with the Departments of Natural | 10 | | Resources and
Transportation and the Illinois | 11 | | Environmental
Protection Agency for the purpose of | 12 | | developing methods and standards that
encourage the | 13 | | utilization of coal combustion by-products as value added
| 14 | | products in productive and benign applications.
| 15 | | (13) To provide technical assistance and information | 16 | | to
sellers and distributors of storage hot water heaters | 17 | | doing business in
Illinois, pursuant to Section 1 of the | 18 | | Hot Water Heater Efficiency Act.
| 19 | | (b) (Blank).
| 20 | | (c) (Blank).
| 21 | | (d) The Department shall develop a package of educational | 22 | | materials
regarding the necessity of waste reduction and | 23 | | recycling to reduce
dependence on landfills and to maintain | 24 | | environmental quality. The
materials developed shall be | 25 | | suitable for instructional use in grades 3, 4
and 5. The | 26 | | Department shall distribute such instructional material to all
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| 1 | | public elementary and unit school districts no later than | 2 | | November 1, of
each year.
| 3 | | (e) (Blank). The Department shall study the feasibility of | 4 | | requiring that wood
and sawdust from construction waste, | 5 | | demolition projects, sawmills, or other
projects or industries | 6 | | where wood is used in a large amount be shredded
and composted, | 7 | | and that such wood be prohibited from being disposed of in a
| 8 | | landfill. The Department shall report the results of this study | 9 | | to the
General Assembly by January 1, 1991.
| 10 | | (f) (Blank).
| 11 | | (g) (Blank). The Department shall develop a program | 12 | | designated to encourage the
recycling of outdated telephone | 13 | | directories and to encourage the printing
of new directories on | 14 | | recycled paper. The Department shall work in
conjunction with | 15 | | printers and distributors of telephone directories
distributed | 16 | | in the State to provide them with any technical assistance
| 17 | | available in their efforts to procure appropriate recycled | 18 | | paper. The
Department shall also encourage directory | 19 | | distributors to pick up outdated
directories as they distribute | 20 | | new ones, and shall assist any distributor
who is willing to do | 21 | | so in finding a recycler willing to purchase the old
| 22 | | directories and in publicizing and promoting with citizens of | 23 | | the area
the distributor's collection efforts and schedules.
| 24 | | (h) (Blank). The Department shall assist, cooperate with | 25 | | and provide necessary
staff and resources for the Interagency | 26 | | Energy Conservation Committee,
which shall be chaired by the |
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| 1 | | Director of the Department.
| 2 | | (i) (Blank).
| 3 | | (Source: P.A. 92-736, eff. 7-25-02.)
| 4 | | Section 20. The Illinois Emergency Management Agency Act is | 5 | | amended by changing Section 18 as follows:
| 6 | | (20 ILCS 3305/18) (from Ch. 127, par. 1068)
| 7 | | Sec. 18. Orders, Rules and Regulations.
| 8 | | (a) The Governor shall
file a copy of every rule, | 9 | | regulation or order, and any amendment thereof made
by the | 10 | | Governor under the provisions of this Act in the office of
the | 11 | | Secretary
of State. No rule, regulation or order, or any | 12 | | amendment thereof shall be
effective until 10 days after the | 13 | | filing, provided, however, that upon
the declaration of a | 14 | | disaster by the Governor as is described
in Section 7 the | 15 | | provision relating to the effective date of any rule,
| 16 | | regulation, order or amendment issued under this Act and during
| 17 | | the state of disaster is abrogated, and the rule, regulation,
| 18 | | order or amendment shall become effective immediately upon | 19 | | being filed with
the Secretary of State accompanied by a | 20 | | certificate stating the reason
as required by the Illinois | 21 | | Administrative Procedure Act.
| 22 | | (b) Every emergency services and disaster agency
| 23 | | established pursuant to this Act and the coordinators thereof | 24 | | shall execute
and enforce the orders, rules and regulations as |
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| 1 | | may be made by the Governor
under authority of this Act. Each | 2 | | emergency services and
disaster agency
shall have available
for | 3 | | inspection at its office all orders, rules and regulations made | 4 | | by the
Governor, or under the Governor's authority. The | 5 | | Illinois Emergency Management
Agency shall furnish on the | 6 | | Department's website the orders,
rules and regulations
to each | 7 | | such
emergency services and disaster agency. Upon the written | 8 | | request of an emergency services or disaster agency, copies | 9 | | thereof shall be mailed to the emergency services or disaster | 10 | | agency.
| 11 | | (Source: P.A. 92-73, eff. 1-1-02.)
| 12 | | (20 ILCS 4020/Act rep.) | 13 | | Section 25. The Prairie State 2000 Authority Act is | 14 | | repealed. | 15 | | Section 30. The State Finance Act is amended by changing | 16 | | Sections 5h and 6z-17 as follows: | 17 | | (30 ILCS 105/5h) | 18 | | Sec. 5h. Cash flow borrowing and general funds liquidity. | 19 | | (a) In order to meet cash flow deficits and to maintain | 20 | | liquidity in the General Revenue Fund, the Healthcare Provider | 21 | | Relief Fund, and the Common School Fund, on and after July 1, | 22 | | 2010 and through June 30, 2011, the State Treasurer and the | 23 | | State Comptroller shall make transfers to the General Revenue |
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| 1 | | Fund, the Healthcare Provider Relief Fund, or the Common School | 2 | | Fund, as directed by the Governor, out of special funds of the | 3 | | State, to the extent allowed by federal law. No transfer may be | 4 | | made from a fund under this Section that would have the effect | 5 | | of reducing the available balance in the fund to an amount less | 6 | | than the amount remaining unexpended and unreserved from the | 7 | | total appropriation from that fund estimated to be expended for | 8 | | that fiscal year. No such transfer may reduce the cumulative | 9 | | balance of all of the special funds of the State to an amount | 10 | | less than the total debt service payable during the 12 months | 11 | | immediately following the date of the transfer on any bonded | 12 | | indebtedness of the State and any certificates issued under the | 13 | | Short Term Borrowing Act. Notwithstanding any other provision | 14 | | of this Section, no such transfer may be made from any special | 15 | | fund that is exclusively collected by or appropriated to any | 16 | | other constitutional officer without the written approval of | 17 | | that constitutional officer. | 18 | | (b) If moneys have been transferred to the General Revenue | 19 | | Fund, the Healthcare Provider Relief Fund, or the Common School | 20 | | Fund pursuant to subsection (a) of this Section, this | 21 | | amendatory Act of the 96th General Assembly shall constitute | 22 | | the irrevocable and continuing authority for and direction to | 23 | | the State Treasurer and State Comptroller to reimburse the | 24 | | funds of origin from the General Revenue Fund, the Healthcare | 25 | | Provider Relief Fund, or the Common School Fund, as | 26 | | appropriate, by transferring to the funds of origin, at such |
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| 1 | | times and in such amounts as directed by the Governor when | 2 | | necessary to support appropriated expenditures from the funds, | 3 | | an amount equal to that transferred from them plus any interest | 4 | | that would have accrued thereon had the transfer not occurred, | 5 | | except that any moneys transferred pursuant to subsection (a) | 6 | | of this Section shall be repaid to the fund of origin within 18 | 7 | | months after the date on which they were borrowed. | 8 | | (c) On the first day of each quarterly period in each | 9 | | fiscal year, until such time as a report indicates that all | 10 | | moneys borrowed and interest pursuant to this Section have been | 11 | | repaid, the Governor's Office of Management and Budget shall | 12 | | provide to the President and the Minority Leader of the Senate, | 13 | | the Speaker and the Minority Leader of the House of | 14 | | Representatives, and the Commission on Government Forecasting | 15 | | and Accountability a report on all transfers made pursuant to | 16 | | this Section in the prior quarterly period. The report must be | 17 | | provided in both written and electronic format. The report must | 18 | | include all of the following: | 19 | | (1) The date each transfer was made. | 20 | | (2) The amount of each transfer. | 21 | | (3) In the case of a transfer from the General Revenue | 22 | | Fund, the Healthcare Provider Relief Fund, or the Common | 23 | | School Fund to a fund of origin pursuant to subsection (b) | 24 | | of this Section, the amount of interest being paid to the | 25 | | fund of origin. | 26 | | (4) The end of day balance of both the fund of origin |
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| 1 | | and the General Revenue Fund, the Healthcare Provider | 2 | | Relief Fund, or the Common School Fund, whichever the case | 3 | | may be, on the date the transfer was made.
| 4 | | (Source: P.A. 96-958, eff. 7-1-10; 96-1500, eff. 1-18-11; | 5 | | 97-72, eff. 7-1-11 (see also P.A. 97-613 regarding effective | 6 | | date of P.A. 97-72).)
| 7 | | (30 ILCS 105/6z-17) (from Ch. 127, par. 142z-17)
| 8 | | Sec. 6z-17. Of the money paid into the State and Local | 9 | | Sales Tax Reform
Fund: (i) subject to appropriation to the | 10 | | Department of Revenue,
Municipalities having 1,000,000 or more | 11 | | inhabitants shall
receive 20% and may expend such amount to | 12 | | fund and establish a program for
developing and coordinating | 13 | | public and private resources targeted to meet
the affordable | 14 | | housing needs of low-income and very low-income households
| 15 | | within such municipality, (ii) 10% shall be transferred into | 16 | | the Regional
Transportation Authority Occupation and Use Tax | 17 | | Replacement Fund, a special
fund in the State treasury which is | 18 | | hereby created, (iii) until July 1, 2013, subject to
| 19 | | appropriation to the Department of Transportation, the The | 20 | | Madison County Mass Transit
District shall receive .6%, and | 21 | | beginning on July 1, 2013, subject to appropriation to the | 22 | | Department of Revenue, 0.6% shall be distributed each month out | 23 | | of the Fund to the Madison County Mass Transit District, (iv)
| 24 | | the following amounts, plus any cumulative deficiency in such | 25 | | transfers for
prior months, shall be transferred monthly into |
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| 1 | | the Build Illinois
Fund and credited to the Build Illinois Bond | 2 | | Account therein:
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3 | | Fiscal Year |
Amount |
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4 | | 1990 |
$2,700,000 |
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5 | | 1991 |
1,850,000 |
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6 | | 1992 |
2,750,000 |
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7 | | 1993 |
2,950,000 |
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8 | | From Fiscal Year 1994 through Fiscal Year 2025 the transfer | 9 | | shall total
$3,150,000 monthly, plus any cumulative deficiency | 10 | | in such transfers for
prior months, and (v) the remainder of | 11 | | the money paid into the State and
Local Sales Tax Reform Fund | 12 | | shall be
transferred into the Local Government Distributive | 13 | | Fund and, except for
municipalities with 1,000,000 or more | 14 | | inhabitants which shall receive no
portion of such remainder, | 15 | | shall be distributed, subject to appropriation,
in the manner | 16 | | provided by Section 2 of "An Act in relation to State revenue
| 17 | | sharing with local government entities", approved July 31, | 18 | | 1969, as now or
hereafter amended. Municipalities with more | 19 | | than 50,000 inhabitants
according to the 1980 U.S. Census and | 20 | | located within the Metro East Mass
Transit District receiving | 21 | | funds pursuant to provision (v) of this
paragraph may expend | 22 | | such amounts to fund and establish a program for
developing and | 23 | | coordinating public and private resources targeted to meet
the | 24 | | affordable housing needs of low-income and very low-income | 25 | | households
within such municipality.
| 26 | | (Source: P.A. 95-708, eff. 1-18-08.)
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| 1 | | Section 35. The Federal Stimulus Tracking Act is amended by | 2 | | changing Section 5 as follows: | 3 | | (30 ILCS 270/5) | 4 | | (Section scheduled to be repealed on January 1, 2015)
| 5 | | Sec. 5. Federal stimulus tracking. | 6 | | (a) The Governor's Office, or a designated State agency, | 7 | | shall track and report by means of a quarterly monthly report | 8 | | the State's spending of the federal stimulus moneys provided | 9 | | pursuant to the American Recovery and Reinvestment Act of 2009. | 10 | | (b) Each quarterly monthly report shall list the amount of | 11 | | the State's federal stimulus spending, by category, based on | 12 | | available federal and State data. The reports may also list any | 13 | | required matching funds required by the State to be eligible | 14 | | for federal stimulus funding. The reports may make | 15 | | recommendations (i) concerning ways for Illinois to maximize | 16 | | its share of federal stimulus spending or (ii) suggesting | 17 | | changes to Illinois law that could help to maximize its share | 18 | | of federal stimulus spending. A final report compiling data | 19 | | from the quarterly monthly reports shall be available online at | 20 | | the conclusion of the American Recovery and Reinvestment Act | 21 | | program or by December 31, 2014, whichever occurs first. | 22 | | (c) The reports shall be available on a State of Illinois | 23 | | website and filed with the Speaker and Minority Leader of the | 24 | | House and the President and Minority Leader of the Senate. |
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| 1 | | (d) The General Assembly may by resolution request that | 2 | | specific data, findings, or analyses be included in a monthly | 3 | | report. The Commission on Government Forecasting and | 4 | | Accountability shall provide the Governor's Office technical, | 5 | | analytical, and substantive assistance in preparing the | 6 | | requested data, findings, or analyses. | 7 | | (e) This Act is repealed on January 1, 2015.
| 8 | | (Source: P.A. 96-169, eff. 8-10-09.) | 9 | | Section 40. The General Obligation Bond Act is amended by | 10 | | changing Section 11 as follows:
| 11 | | (30 ILCS 330/11) (from Ch. 127, par. 661)
| 12 | | Sec. 11. Sale of Bonds. Except as otherwise provided in | 13 | | this Section,
Bonds shall be sold from time to time pursuant to
| 14 | | notice of sale and public bid or by negotiated sale
in such | 15 | | amounts and at such
times as is directed by the Governor, upon | 16 | | recommendation by the Director of
the
Governor's Office of | 17 | | Management and Budget. At least 25%, based on total principal | 18 | | amount, of all Bonds issued each fiscal year shall be sold | 19 | | pursuant to notice of sale and public bid. At all times during | 20 | | each fiscal year, no more than 75%, based on total principal | 21 | | amount, of the Bonds issued each fiscal year, shall have been | 22 | | sold by negotiated sale. Failure to satisfy the requirements in | 23 | | the preceding 2 sentences shall not affect the validity of any | 24 | | previously issued Bonds; provided that all Bonds authorized by |
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| 1 | | Public Act 96-43 and this amendatory Act of the 96th General | 2 | | Assembly shall not be included in determining compliance for | 3 | | any fiscal year with the requirements of the preceding 2 | 4 | | sentences; and further provided that refunding Bonds | 5 | | satisfying the requirements of Section 16 of this Act and sold | 6 | | during fiscal year 2009, 2010, or 2011 shall not be subject to | 7 | | the requirements in the preceding 2 sentences.
| 8 | | If
any Bonds, including refunding Bonds, are to be sold by | 9 | | negotiated
sale, the
Director of the
Governor's Office of | 10 | | Management and Budget
shall comply with the
competitive request | 11 | | for proposal process set forth in the Illinois
Procurement Code | 12 | | and all other applicable requirements of that Code.
| 13 | | If Bonds are to be sold pursuant to notice of sale and | 14 | | public bid, the
Director of the
Governor's Office of Management | 15 | | and Budget may shall , from time to time, as Bonds are to be | 16 | | sold, advertise
the sale of the Bonds in at least 2 daily | 17 | | newspapers, one of which is
published in the City of | 18 | | Springfield and one in the City of Chicago. The sale
of the | 19 | | Bonds shall also be
advertised in the volume of the Illinois | 20 | | Procurement Bulletin that is
published by the Department of | 21 | | Central Management Services , and . Each of
the advertisements | 22 | | for
proposals shall be published once at least
10 days prior to | 23 | | the date fixed
for the opening of the bids. The Director of the
| 24 | | Governor's Office of Management and Budget may
reschedule the | 25 | | date of sale upon the giving of such additional notice as the
| 26 | | Director deems adequate to inform prospective bidders of
such |
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| 1 | | change; provided, however, that all other conditions of the | 2 | | sale shall
continue as originally advertised.
| 3 | | Executed Bonds shall, upon payment therefor, be delivered | 4 | | to the purchaser,
and the proceeds of Bonds shall be paid into | 5 | | the State Treasury as directed by
Section 12 of this Act.
| 6 | | (Source: P.A. 96-18, eff. 6-26-09; 96-43, eff. 7-15-09; | 7 | | 96-1497, eff. 1-14-11.)
| 8 | | Section 45. The Build Illinois Bond Act is amended by | 9 | | changing Section 8 as follows:
| 10 | | (30 ILCS 425/8) (from Ch. 127, par. 2808)
| 11 | | Sec. 8. Sale of Bonds. Bonds, except as otherwise provided | 12 | | in this Section, shall be sold from time to time pursuant to
| 13 | | notice of sale and public bid or by negotiated sale in such | 14 | | amounts and at such
times as are directed by the Governor, upon | 15 | | recommendation by the Director of
the Governor's Office of | 16 | | Management and Budget. At least 25%, based on total principal | 17 | | amount, of all Bonds issued each fiscal year shall be sold | 18 | | pursuant to notice of sale and public bid. At all times during | 19 | | each fiscal year, no more than 75%, based on total principal | 20 | | amount, of the Bonds issued each fiscal year shall have been | 21 | | sold by negotiated sale. Failure to satisfy the requirements in | 22 | | the preceding 2 sentences shall not affect the validity of any | 23 | | previously issued Bonds; and further provided that refunding | 24 | | Bonds satisfying the requirements of Section 15 of this Act and |
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| 1 | | sold during fiscal year 2009, 2010, or 2011 shall not be | 2 | | subject to the requirements in the preceding 2 sentences. | 3 | | If any Bonds are to be sold pursuant to notice of sale and | 4 | | public bid, the Director of the
Governor's Office of Management | 5 | | and Budget shall comply with the
competitive request for | 6 | | proposal process set forth in the Illinois
Procurement Code and | 7 | | all other applicable requirements of that Code. | 8 | | If Bonds are to be sold pursuant to notice of sale and | 9 | | public bid, the
Director of the
Governor's Office of Management | 10 | | and Budget may shall , from time to time, as Bonds are to be | 11 | | sold, advertise
the sale of the Bonds in at least 2 daily | 12 | | newspapers, one of which is
published in the City of | 13 | | Springfield and one in the City of Chicago. The sale
of the | 14 | | Bonds shall also be
advertised in the volume of the Illinois | 15 | | Procurement Bulletin that is
published by the Department of | 16 | | Central Management Services , and . Each of
the advertisements | 17 | | for
proposals shall be published once at least 10 days prior to | 18 | | the date fixed
for the opening of the bids. The Director of the
| 19 | | Governor's Office of Management and Budget may
reschedule the | 20 | | date of sale upon the giving of such additional notice as the
| 21 | | Director deems adequate to inform prospective bidders of
the | 22 | | change; provided, however, that all other conditions of the | 23 | | sale shall
continue as originally advertised.
Executed Bonds | 24 | | shall, upon payment
therefor, be delivered to the purchaser, | 25 | | and the proceeds of Bonds shall be
paid into the State Treasury | 26 | | as
directed by Section 9 of this Act.
The
Governor or the |
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| 1 | | Director of the
Governor's Office of Management and Budget is | 2 | | hereby authorized
and directed to execute and
deliver contracts | 3 | | of sale with underwriters and to execute and deliver such
| 4 | | certificates, indentures, agreements and documents, including | 5 | | any
supplements or amendments thereto, and to take such actions | 6 | | and do such
things as shall be necessary or desirable to carry | 7 | | out the purposes of this
Act.
Any action authorized or | 8 | | permitted to be taken by the Director of the
Governor's Office | 9 | | of Management and Budget
pursuant to this Act is hereby | 10 | | authorized to be taken
by any person specifically designated by | 11 | | the Governor to take such action
in a certificate signed by the | 12 | | Governor and filed with the Secretary of State.
| 13 | | (Source: P.A. 96-18, eff. 6-26-09.)
| 14 | | (50 ILCS 330/5 rep.) | 15 | | Section 50. The Illinois Municipal Budget Law is amended by | 16 | | repealing Section 5. | 17 | | Section 55. The School Code is amended by changing Section | 18 | | 14-8.04 as follows:
| 19 | | (105 ILCS 5/14-8.04) (from Ch. 122, par. 14-8.04)
| 20 | | Sec. 14-8.04. Supported employment. The school board that | 21 | | is the
governing body of any secondary school in this State | 22 | | that provides special
education services and facilities for | 23 | | children with
disabilities shall include,
as part of preparing |
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| 1 | | the transition planning for disabled children who are
16 years | 2 | | of age or more, consideration of a supported employment | 3 | | component
with experiences in integrated community settings | 4 | | for those eligible children
with disabilities who have been | 5 | | determined at an
IEP meeting to be in
need of participation in | 6 | | the supported employment services offered pursuant
to this | 7 | | Section.
| 8 | | Supported employment services made available as part of | 9 | | transition
planning under this Section shall be designed and | 10 | | developed for school
boards by the State Board of Education, in | 11 | | consultation with programs such
as Project CHOICES (Children | 12 | | Have Opportunities In Integrated Community
Environments), | 13 | | parents and advocates of children with disabilities, and the
| 14 | | Departments of Central Management Services and Human
Services , | 15 | | and
shall be maintained and operated in such manner as to | 16 | | coordinate with
supported employee programs administered under | 17 | | the Supported Employees Act .
| 18 | | (Source: P.A. 89-397, eff. 8-20-95; 89-507, eff. 7-1-97.)
| 19 | | (105 ILCS 55/Act rep.)
| 20 | | Section 60. The School Employee Benefit Act is repealed. | 21 | | Section 65. The Illinois Banking Act is amended by changing | 22 | | Section 5 as follows:
| 23 | | (205 ILCS 5/5) (from Ch. 17, par. 311)
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| 1 | | Sec. 5. General corporate powers. A bank organized under | 2 | | this Act
or subject hereto shall be a body corporate and | 3 | | politic and shall,
without specific mention thereof in the | 4 | | charter, have all the powers
conferred by this Act and the | 5 | | following additional general corporate
powers:
| 6 | | (1) To sue and be sued, complain, and defend in its | 7 | | corporate name.
| 8 | | (2) To have a corporate seal, which may be altered at | 9 | | pleasure, and
to use the same by causing it or a facsimile | 10 | | thereof to be impressed or
affixed or in any manner reproduced, | 11 | | provided that the affixing of a
corporate
seal to an instrument | 12 | | shall not give the instrument additional force or effect,
or | 13 | | change the construction thereof, and the use of a corporate | 14 | | seal is not
mandatory.
| 15 | | (3) To make, alter, amend, and repeal bylaws, not | 16 | | inconsistent with
its charter or with law, for the | 17 | | administration of the affairs of the bank.
If this Act does not | 18 | | provide specific guidance in matters of corporate
governance, | 19 | | the provisions of the Business Corporation Act of 1983 may be
| 20 | | used if so provided in the bylaws, and if the bank is a limited | 21 | | liability
company, the provisions of the Limited Liability | 22 | | Company Act shall be used.
| 23 | | (4) To elect or appoint and remove officers and agents of | 24 | | the bank
and define their duties and fix their compensation.
| 25 | | (5) To adopt and operate reasonable bonus plans, | 26 | | profit-sharing
plans, stock-bonus plans, stock-option plans, |
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| 1 | | pension plans and similar
incentive plans for its directors, | 2 | | officers and employees.
| 3 | | (5.1) To manage, operate and administer a fund for the | 4 | | investment of funds
by a public agency or agencies, including | 5 | | any unit of local government or
school district, or any person. | 6 | | The fund for a public agency shall invest in
the same type of | 7 | | investments and be subject to the same limitations provided
for | 8 | | the investment of public funds. The fund for public agencies | 9 | | shall
maintain a separate ledger showing the amount of | 10 | | investment for each public
agency in the fund. "Public funds" | 11 | | and "public agency" as used in this Section
shall have the | 12 | | meanings ascribed to them in Section 1 of the Public Funds
| 13 | | Investment Act.
| 14 | | (6) To make reasonable donations for the public welfare or | 15 | | for charitable,
scientific, religious or educational purposes.
| 16 | | (7) To borrow or incur an obligation; and to pledge its | 17 | | assets:
| 18 | | (a) to secure its borrowings, its lease of personal or | 19 | | real property or
its other nondeposit obligations;
| 20 | | (b) to enable it to act as agent for the sale of | 21 | | obligations of the
United States;
| 22 | | (c) to secure deposits of public money of the United | 23 | | States,
whenever required by the laws of the United States, | 24 | | including without
being limited to, revenues and funds the | 25 | | deposit of which is subject to
the control or regulation of | 26 | | the United States or any of its officers,
agents, or |
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| 1 | | employees and Postal Savings funds;
| 2 | | (d) to secure deposits of public money of any state or | 3 | | of any
political corporation or subdivision thereof
| 4 | | including, without being limited to, revenues and funds the | 5 | | deposit of which
is subject to the control or regulation of | 6 | | any state or of any political
corporation or subdivisions | 7 | | thereof or of any of their officers, agents, or
employees;
| 8 | | (e) to secure deposits of money whenever required by | 9 | | the National
Bankruptcy Act;
| 10 | | (f) (blank); and
| 11 | | (g) to secure trust funds commingled with the bank's | 12 | | funds, whether
deposited by the bank or an affiliate of the | 13 | | bank, pursuant to Section 2-8 of
the Corporate Fiduciary | 14 | | Act.
| 15 | | (8) To own, possess, and carry as assets all or part of the | 16 | | real
estate necessary in or with which to do its banking | 17 | | business, either
directly or indirectly through the ownership | 18 | | of all or part of the
capital stock, shares or interests in any | 19 | | corporation, association,
trust engaged in holding any part or | 20 | | parts or all of the bank
premises, engaged in such business and | 21 | | in conducting a safe
deposit business in the premises or part | 22 | | of them, or engaged in any activity
that the bank is permitted | 23 | | to conduct in a subsidiary pursuant to paragraph
(12) of this | 24 | | Section 5.
| 25 | | (9) To own, possess, and carry as assets other real estate | 26 | | to
which it may obtain title in the collection of its debts or |
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| 1 | | that was
formerly used as a part of the bank premises, but | 2 | | title to
any real estate except as herein permitted shall not | 3 | | be retained by the
bank, either directly or by or through a | 4 | | subsidiary, as permitted by
subsection (12) of this Section for | 5 | | a total period of more than 10
years
after acquiring title, | 6 | | either directly or indirectly.
| 7 | | (10) To do any act, including the acquisition of stock, | 8 | | necessary to
obtain insurance of its deposits, or part thereof, | 9 | | and any act necessary
to obtain a guaranty, in whole or in | 10 | | part, of any of its loans or
investments by the United States | 11 | | or any agency thereof, and any act
necessary to sell or | 12 | | otherwise dispose of any of its loans or
investments to the | 13 | | United States or any agency thereof, and to acquire
and hold | 14 | | membership in the Federal Reserve System.
| 15 | | (11) Notwithstanding any other provisions of this Act or | 16 | | any
other law, to do any act
and to own, possess, and carry as | 17 | | assets property of the character,
including stock, that is at | 18 | | the time authorized or permitted to
national banks by an Act of | 19 | | Congress, but subject always to the same
limitations and | 20 | | restrictions as are applicable to national banks by the
| 21 | | pertinent federal law and subject to applicable provisions of | 22 | | the
Financial Institutions Insurance Sales Law.
| 23 | | (12) To own, possess, and carry as assets stock of one or | 24 | | more
corporations that is, or are, engaged in one or more of | 25 | | the
following businesses:
| 26 | | (a) holding title to and administering assets acquired
|
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| 1 | | as a result of the collection or liquidating of loans, | 2 | | investments, or
discounts; or
| 3 | | (b) holding title to and administering personal | 4 | | property acquired by
the bank, directly or indirectly | 5 | | through a subsidiary, for the
purpose of leasing to others, | 6 | | provided the lease or leases and the
investment of the | 7 | | bank, directly or through a subsidiary, in that
personal | 8 | | property otherwise comply with Section 35.1 of this Act; or
| 9 | | (c) carrying on or administering any of the activities | 10 | | excepting the
receipt of deposits or the payment of checks | 11 | | or other orders for the
payment of money in which a bank | 12 | | may engage in carrying on its general
banking business; | 13 | | provided, however, that nothing contained in this
| 14 | | paragraph (c) shall be deemed to permit a bank organized | 15 | | under this Act or
subject hereto to do, either directly or | 16 | | indirectly through any
subsidiary, any act, including the | 17 | | making of any loan or investment, or to
own, possess, or | 18 | | carry as assets any property that if done by or owned,
| 19 | | possessed, or carried by the State bank would be in | 20 | | violation of or
prohibited by any provision of this Act.
| 21 | | The provisions of this subsection (12) shall not apply to | 22 | | and shall not
be deemed to limit the powers of a State bank | 23 | | with respect to the
ownership, possession, and carrying of | 24 | | stock that a State bank is permitted to
own, possess, or carry | 25 | | under this Act.
| 26 | | Any bank intending to establish a subsidiary under this |
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| 1 | | subsection
(12) shall give written notice to the Commissioner | 2 | | 60 days prior to the
subsidiary's commencing of business or, as | 3 | | the case may be, prior to
acquiring stock in a corporation that | 4 | | has already commenced business. After
receiving the notice, the | 5 | | Commissioner may waive or reduce the balance of the
60 day | 6 | | notice period. The
Commissioner may specify the form of the | 7 | | notice , may designate the types of subsidiaries not subject to | 8 | | this notice requirement, and may promulgate rules
and | 9 | | regulations to administer this subsection (12).
| 10 | | (13) To accept for payment at a future date not exceeding | 11 | | one year
from the date of acceptance, drafts drawn upon it by | 12 | | its customers; and
to issue, advise, or confirm letters of | 13 | | credit authorizing the holders
thereof to draw drafts upon it | 14 | | or its correspondents.
| 15 | | (14) To own and lease personal property acquired by the | 16 | | bank at the
request of a prospective lessee and upon the | 17 | | agreement of that person to
lease the personal property | 18 | | provided that the lease, the agreement
with respect thereto, | 19 | | and the amount of the investment of the bank in
the property | 20 | | comply with Section 35.1 of this Act.
| 21 | | (15) (a) To establish and maintain, in addition to the main
| 22 | | banking premises, branches offering any banking services | 23 | | permitted at the main
banking premises of a State bank.
| 24 | | (b) To establish and maintain, after May 31, 1997, | 25 | | branches in
another state that may conduct any activity in | 26 | | that state that is authorized or
permitted for any bank |
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| 1 | | that has a banking charter issued by that state, subject
to | 2 | | the same limitations and restrictions that are applicable | 3 | | to banks chartered
by that state.
| 4 | | (16) (Blank).
| 5 | | (17) To establish and maintain terminals, as authorized by | 6 | | the
Electronic Fund Transfer Act.
| 7 | | (18) To establish and maintain temporary service booths at | 8 | | any
International Fair held in this State which is approved by | 9 | | the United
States Department of Commerce, for the duration of | 10 | | the international fair
for the sole purpose of providing a | 11 | | convenient place for foreign trade
customers at the fair to | 12 | | exchange their home countries' currency into
United States | 13 | | currency or the converse. This power shall not be construed
as | 14 | | establishing a new place or change of location for the bank | 15 | | providing
the service booth.
| 16 | | (19) To indemnify its officers, directors, employees, and
| 17 | | agents, as authorized for corporations under Section 8.75 of | 18 | | the
Business Corporation Act of 1983.
| 19 | | (20) To own, possess, and carry as assets stock of, or be | 20 | | or become a
member of, any corporation, mutual company, | 21 | | association, trust, or other
entity formed exclusively for the | 22 | | purpose of providing directors' and
officers' liability and | 23 | | bankers' blanket bond insurance or reinsurance
to and for the | 24 | | benefit of the stockholders, members, or beneficiaries, or | 25 | | their
assets or businesses, or their officers, directors, | 26 | | employees, or agents, and
not to or for the benefit of any |
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| 1 | | other person or entity or the public
generally.
| 2 | | (21) To make debt or equity investments in corporations or | 3 | | projects,
whether for profit or not for profit, designed to | 4 | | promote the development
of the community and its welfare, | 5 | | provided that the aggregate investment in
all of these | 6 | | corporations and in all of these projects does not exceed 10% | 7 | | of
the
unimpaired capital and unimpaired surplus of the bank | 8 | | and provided that
this
limitation shall not apply to | 9 | | creditworthy loans by the bank to those
corporations or | 10 | | projects. Upon written application to the Commissioner, a
bank | 11 | | may make an investment that would, when aggregated with all | 12 | | other
such investments, exceed 10% of the unimpaired capital | 13 | | and
unimpaired
surplus of the
bank. The Commissioner may | 14 | | approve the investment if he is of the opinion
and finds that | 15 | | the proposed investment will not have a material adverse
effect | 16 | | on the safety and soundness of the bank.
| 17 | | (22) To own, possess, and carry as assets the stock of a | 18 | | corporation
engaged in the ownership or operation of a travel | 19 | | agency or to operate a
travel agency as a part of its business.
| 20 | | (23) With respect to affiliate facilities:
| 21 | | (a) to conduct at affiliate facilities for and on | 22 | | behalf of another
commonly owned bank, if so
authorized by | 23 | | the other bank, all transactions that the other bank is
| 24 | | authorized or permitted to perform; and
| 25 | | (b) to authorize a commonly owned bank to conduct for | 26 | | and on behalf of
it any of the transactions it is |
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| 1 | | authorized or permitted to perform at one or
more
affiliate | 2 | | facilities.
| 3 | | Any bank intending to conduct or to authorize a commonly | 4 | | owned bank to
conduct at an affiliate facility any of the | 5 | | transactions specified in this
paragraph (23) shall give | 6 | | written notice to the Commissioner at least 30
days before any | 7 | | such transaction is conducted at the affiliate facility.
| 8 | | (24) To act as the agent for any fire, life, or other | 9 | | insurance company
authorized by the State of Illinois, by | 10 | | soliciting and selling insurance and
collecting premiums on | 11 | | policies issued by such company; and to
receive for services so | 12 | | rendered such fees or commissions as may be agreed upon
between | 13 | | the bank and the insurance company for which it may act as
| 14 | | agent; provided, however, that no such bank shall in any case | 15 | | assume or
guarantee the payment of any premium on insurance | 16 | | policies issued through its
agency by its principal; and | 17 | | provided further, that the bank shall not
guarantee the truth | 18 | | of any statement made by an assured in filing his
application | 19 | | for insurance.
| 20 | | (25) Notwithstanding any other provisions of this Act or | 21 | | any other law,
to offer any product or service that is at the | 22 | | time authorized or permitted to
any insured savings association | 23 | | or out-of-state bank by applicable law,
provided that powers
| 24 | | conferred only by this subsection (25):
| 25 | | (a) shall always be subject to the same limitations and | 26 | | restrictions that
are applicable to the insured savings |
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| 1 | | association or out-of-state bank for
the product or service | 2 | | by
such applicable law;
| 3 | | (b) shall be subject to applicable provisions of the | 4 | | Financial
Institutions Insurance Sales Law;
| 5 | | (c) shall not include the right to own or conduct a | 6 | | real estate brokerage
business for which a license would be | 7 | | required under the laws of this State;
and
| 8 | | (d) shall not be construed to include the establishment | 9 | | or maintenance of
a branch, nor shall they be construed to | 10 | | limit the establishment or maintenance
of a branch pursuant | 11 | | to subsection (11).
| 12 | | Not less than 30 days before engaging in any activity under | 13 | | the authority
of this subsection, a bank shall provide written | 14 | | notice to the Commissioner of
its intent to engage in the | 15 | | activity. The notice shall indicate the specific
federal or | 16 | | state law, rule, regulation, or interpretation the bank intends | 17 | | to
use as authority to engage in the activity.
| 18 | | (Source: P.A. 92-483, eff.
8-23-01; 92-811, eff. 8-21-02; | 19 | | 93-561; eff.1-1-04.)
| 20 | | Section 70. The Savings Bank Act is amended by changing | 21 | | Section 8006 as follows:
| 22 | | (205 ILCS 205/8006) (from Ch. 17, par. 7308-6)
| 23 | | Sec. 8006. Merger; Secretary's certificate. The executed | 24 | | merger agreement
together with copies of the resolutions of the |
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| 1 | | members or stockholders of each
merging depository institution | 2 | | approving it, certified by the president or vice president,
and | 3 | | attested to by the secretary of the savings bank, shall be | 4 | | filed with the Secretary. The Secretary
shall then issue to the | 5 | | continuing savings bank a certificate of
merger, setting forth | 6 | | the name of each merging depository institution, the name
of | 7 | | the continuing savings bank, and the articles of incorporation | 8 | | of the
continuing savings bank. The merger takes effect upon | 9 | | the issuance of the certificate of merger recording of the
| 10 | | certificate in the same manner as the articles of incorporation | 11 | | in each county
in which the business office of any of the | 12 | | merging depository institutions was
located and in the county | 13 | | in which the business office of the continuing
savings bank is | 14 | | located. When duly recorded, the certificate shall be
| 15 | | conclusive evidence of the merger and of the correctness of the | 16 | | proceedings
therefor except against the State .
| 17 | | (Source: P.A. 97-492, eff. 1-1-12.)
| 18 | | Section 75. The Sales Finance Agency Act is amended by | 19 | | changing Section 13 as follows:
| 20 | | (205 ILCS 660/13) (from Ch. 17, par. 5231)
| 21 | | Sec. 13. Rules. The Department may make and enforce such | 22 | | reasonable
rules,
regulations, directions, orders, decisions | 23 | | and findings as the execution
and enforcement of this Act | 24 | | require, and as are not inconsistent therewith.
In addition, |
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| 1 | | the Department may promulgate rules in connection with the
| 2 | | activities of licensees that are necessary and appropriate for | 3 | | the protection
of consumers in this State.
All rules and
| 4 | | regulations shall be sent electronically to printed and copies | 5 | | thereof
mailed to all licensees.
| 6 | | (Source: P.A. 90-437, eff. 1-1-98; 91-698, eff. 5-6-00.)
| 7 | | Section 80. The Consumer Installment Loan Act is amended by | 8 | | changing Section 22 as follows:
| 9 | | (205 ILCS 670/22) (from Ch. 17, par. 5428)
| 10 | | Sec. 22.
Rules and
regulations.
The Department may make and | 11 | | enforce such reasonable rules, regulations,
directions, | 12 | | orders, decisions, and findings as the execution and
| 13 | | enforcement of the provisions of this Act require, and as are | 14 | | not
inconsistent therewith.
In addition, the Department may | 15 | | promulgate rules in connection with the
activities of licensees | 16 | | that are necessary and appropriate for the protection
of | 17 | | consumers in this State.
All rules, regulations and directions | 18 | | of a general
character
shall be sent electronically to printed | 19 | | and copies thereof mailed to all licensees.
| 20 | | (Source: P.A. 90-437, eff. 1-1-98; 91-698, eff. 5-6-00.)
| 21 | | Section 85. The Illinois Chemical Safety Act is amended by | 22 | | changing Section 3 as follows:
|
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| 1 | | (430 ILCS 45/3) (from Ch. 111 1/2, par. 953)
| 2 | | Sec. 3. Definitions. For the purposes of this Act:
| 3 | | "Agency" means the Illinois Environmental Protection | 4 | | Agency.
| 5 | | "Business" means any individual, partnership, corporation, | 6 | | or association
in the State engaged in a business operation | 7 | | that has 5 or more
full-time employees, or 20 or more part-time | 8 | | employees, and that is
properly assigned or included within one | 9 | | of the following Standard
Industrial Classifications (SIC), as | 10 | | designated in the Standard Industrial
Classification Manual | 11 | | prepared by the Federal Office of Management and Budget:
| 12 | | 2295 Coated fabrics, not rubberized;
| 13 | | 2491 Wood preserving;
| 14 | | 2671 Packaging paper and plastics film, coated and | 15 | | laminated;
| 16 | | 2672 Coated and laminated paper, not elsewhere classified;
| 17 | | 2812 Alkalies and chlorine;
| 18 | | 2813 Industrial gases;
| 19 | | 2819 Industrial inorganic chemicals, not elsewhere | 20 | | classified;
| 21 | | 2821 Plastic materials, synthetic resins, and | 22 | | non-vulcanizable elastomers;
| 23 | | 2834 Pharmaceutical preparations;
| 24 | | 2842 Specialty cleaning, polishing and sanitation | 25 | | preparations;
| 26 | | 2851 Paints, varnishes, lacquers, enamels, and allied |
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| 1 | | products;
| 2 | | 2865 Cyclic (coal tar) crudes, and cyclic intermediaries, | 3 | | dyes and organic
pigments (lakes and toners);
| 4 | | 2869 Industrial organic chemicals, not elsewhere | 5 | | classified;
| 6 | | 2873 Nitrogenous fertilizer;
| 7 | | 2874 Phosphatic fertilizers;
| 8 | | 2879 Pesticides and agricultural chemicals, not elsewhere | 9 | | classified;
| 10 | | 2891 Adhesives and sealants;
| 11 | | 2892 Explosives;
| 12 | | 2911 Petroleum refining;
| 13 | | 2952 Asphalt felts and coatings;
| 14 | | 2999 Products of petroleum and coal, not elsewhere | 15 | | classified;
| 16 | | 3081 Unsupported plastics, film and sheet;
| 17 | | 3082 Unsupported plastics profile shapes;
| 18 | | 3083 Laminated plastics plate, sheet and profile shapes;
| 19 | | 3084 Plastic pipe;
| 20 | | 3085 Plastic bottles;
| 21 | | 3086 Plastic foam products;
| 22 | | 3087 Custom compounding of purchased plastic resin;
| 23 | | 3088 Plastic plumbing fixtures;
| 24 | | 3089 Plastic products, not elsewhere classified;
| 25 | | 3111 Leather tanning and finishing;
| 26 | | 3339 Primary smelting and refining of nonferrous metals, |
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| 1 | | except
copper and aluminum;
| 2 | | 3432 Plumbing fixture fittings and trim;
| 3 | | 3471 Electroplating, plating, polishing, anodizing and | 4 | | coloring;
| 5 | | 4953 Refuse systems;
| 6 | | 5085 Industrial supplies;
| 7 | | 5162 Plastic materials and basic forms and shapes;
| 8 | | 5169 Chemicals and allied products, not elsewhere | 9 | | classified;
| 10 | | 5171 Petroleum bulk stations and terminals;
| 11 | | 5172 Petroleum and petroleum products, wholesalers, except | 12 | | bulk
stations and terminals.
| 13 | | For the purposes of this Act, the SIC Code that a business | 14 | | uses for
determining its coverage under The Unemployment | 15 | | Insurance Act shall
be the SIC Code for determining the | 16 | | applicability of this Act.
On an annual basis, the Department | 17 | | of Employment Security shall provide
the IEMA with a list of | 18 | | those regulated facilities covered by the
above mentioned SIC | 19 | | codes.
| 20 | | "Business" also means any facility not covered by the above | 21 | | SIC codes
that is subject to the provisions of Section 302 of | 22 | | the federal Emergency
Planning and Community Right-to-Know Act | 23 | | of 1986 and that is found by the
Agency to use, store, or | 24 | | manufacture a chemical substance in a quantity that
poses a | 25 | | threat to the environment or public health. Such a | 26 | | determination
shall be based on an on-site inspection conducted |
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| 1 | | by the Agency and
certified to the IEMA. The Agency shall also | 2 | | conduct
inspections at the
request of IEMA or upon a written | 3 | | request setting forth a justification to
the IEMA from the | 4 | | chairman of the local emergency planning committee upon
| 5 | | recommendation of the committee. The IEMA shall transmit a copy | 6 | | of the
request to the Agency. The Agency may, in the event of a | 7 | | reportable
release that occurs at any facility operated or | 8 | | owned by a business not
covered by the above SIC codes, conduct | 9 | | inspections if the site hazard
appears to warrant such action. | 10 | | The above notwithstanding, any farm
operation shall not be | 11 | | considered as a facility subject to this definition.
| 12 | | Notwithstanding the above, for purposes of this Act, | 13 | | "business" does not
mean any facility for which the | 14 | | requirements promulgated at Part 1910.119 of
Title 29 of the | 15 | | Code of Federal Regulations are applicable or which has
| 16 | | completed and submitted the plan required by Part 68 of Title | 17 | | 40 of the Code
of Federal Regulations, provided that such | 18 | | business conducts and
documents in writing an assessment for | 19 | | any instance where the Agency provides
notice that a | 20 | | significant release of a chemical substance has occurred at a
| 21 | | facility. Such assessment shall explain the nature, cause and | 22 | | known effects
of the release, any mitigating actions taken, and | 23 | | preventive measures that can
be employed to avoid a future | 24 | | release. Such assessment shall be available at
the facility for | 25 | | review within 30 days after the Agency notifies the facility
| 26 | | that a significant release has occurred. The Agency may provide |
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| 1 | | written
comments to the business following an on-site review of | 2 | | an assessment.
| 3 | | "Chemical name" means the scientific designation of a | 4 | | chemical in
accordance with the nomenclature system developed | 5 | | by the International
Union of Pure and Applied Chemistry | 6 | | (IUPAC) or the American Chemical
Society's Chemical Abstracts | 7 | | Service (CAS) rules of nomenclature, or a name
that will | 8 | | clearly identify the chemical for hazard evaluation purposes.
| 9 | | "Chemical substance" means any "extremely hazardous
| 10 | | substance" listed in Appendix A of 40 C.F.R. Part 355 that is | 11 | | present at
a facility in an amount in excess of its threshold
| 12 | | planning quantity, any "hazardous substance" listed in 40
| 13 | | C.F.R. Section 302.4 that is present at a facility in an amount | 14 | | in excess of
its
reportable quantity or in excess of its | 15 | | threshold planning quantity if it is
also an "extremely | 16 | | hazardous substance",
and any petroleum including crude
oil
or | 17 | | any fraction thereof
that is present at a facility in an
amount | 18 | | exceeding 100 pounds unless it is specifically listed as a | 19 | | "hazardous
substance" or an "extremely hazardous substance". | 20 | | "Chemical substance" does
not mean any substance to the extent | 21 | | it is used for personal, family, or
household purposes or to | 22 | | the extent it is present in the same form and
concentration as | 23 | | a product packaged for distribution to and use by the general
| 24 | | public.
| 25 | | "IEMA" means the Illinois Emergency Management Agency.
| 26 | | "Facility" means the buildings and all real property |
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| 1 | | contiguous thereto,
and the equipment at a single
location used | 2 | | for the conduct of business.
| 3 | | "Local emergency planning committee" means the committee | 4 | | that is
appointed for an emergency planning district under the | 5 | | provisions of
Section 301 of the federal Emergency Planning and | 6 | | Community Right-to-Know
Act of 1986.
| 7 | | "Release" means any sudden spilling, leaking, pumping, | 8 | | pouring, emitting,
escaping, emptying, discharging, injecting, | 9 | | leaching, dumping, or disposing
into the environment beyond the | 10 | | boundaries of a facility, but excludes
the following:
| 11 | | (a) Any release that results in exposure to persons | 12 | | solely
within a workplace,
with respect to a claim that | 13 | | such persons may assert against their
employer.
| 14 | | (b) Emissions from the engine exhaust of a motor | 15 | | vehicle, rolling
stock, aircraft, vessel, or pipeline | 16 | | pumping station engine.
| 17 | | (c) Release of
source, byproduct, or special nuclear | 18 | | material from a nuclear incident, as
those terms are | 19 | | defined in the Atomic Energy Act of 1954, if the release
is | 20 | | subject to requirements with respect to financial | 21 | | protection established
by the Nuclear Regulatory | 22 | | Commission under Section 170 of the Atomic
Energy Act of | 23 | | 1954.
| 24 | | (d) The normal application of fertilizer.
| 25 | | "Significant release" means any release which is so | 26 | | designated in writing
by the Agency or the IEMA based upon an |
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| 1 | | inspection at the site of an
emergency incident, or any release | 2 | | which results in any evacuation,
hospitalization, or | 3 | | fatalities of the public.
| 4 | | (Source: P.A. 97-333, eff. 8-12-11.)
| 5 | | (625 ILCS 5/15-115 rep.)
| 6 | | Section 90. The Illinois Vehicle Code is amended by | 7 | | repealing Section 15-115. | 8 | | Section 95. The Payday Loan Reform Act is amended by | 9 | | changing Section 4-30 as follows: | 10 | | (815 ILCS 122/4-30)
| 11 | | Sec. 4-30. Rulemaking; industry review. | 12 | | (a) The Department may make and enforce such reasonable | 13 | | rules, regulations, directions, orders, decisions, and | 14 | | findings as the execution and enforcement of the provisions of | 15 | | this Act require, and as are not inconsistent therewith. All | 16 | | rules, regulations, and directions of a general character shall | 17 | | be sent electronically to printed and copies thereof mailed to | 18 | | all licensees. | 19 | | (b) Within 6 months after the effective date of this Act, | 20 | | the Department shall promulgate reasonable rules regarding the | 21 | | issuance of payday loans by banks, savings banks, savings and | 22 | | loan associations, credit unions, and insurance companies. | 23 | | These rules shall be consistent with this Act and shall be |
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| 1 | | limited in scope to the actual products and services offered by | 2 | | lenders governed by this Act. | 3 | | (c) After the effective date of this Act, the Department | 4 | | shall, over a 3-year period, conduct a study of the payday loan | 5 | | industry
to determine the impact and effectiveness of this Act. | 6 | | The Department
shall report its findings to the General | 7 | | Assembly within 3 months of the
third anniversary of the | 8 | | effective date of this Act. The study shall
determine the | 9 | | effect of this Act on the protection of consumers in this
State | 10 | | and on the fair and reasonable regulation of the payday loan | 11 | | industry. The
study shall include, but shall not be limited to, | 12 | | an analysis of the ability
of the industry to use private | 13 | | reporting tools that: | 14 | | (1) ensure substantial compliance with this Act, | 15 | | including real time reporting of outstanding payday loans; | 16 | | and | 17 | | (2) provide data to the Department in an appropriate | 18 | | form and with appropriate content to allow the Department | 19 | | to adequately monitor the industry. | 20 | | The report of the Department shall, if necessary, identify | 21 | | and recommend specific amendments to this Act to further | 22 | | protect consumers and to guarantee fair and reasonable | 23 | | regulation of the payday loan industry.
| 24 | | (Source: P.A. 94-13, eff. 12-6-05.)
| 25 | | Section 999. Effective date. This Act takes effect upon |
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| 1 | | becoming law.".
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