Illinois General Assembly - Full Text of SB1621
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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
3everything 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 The Supported Employees Act is repealed.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
8Opportunity Law of the Civil Administrative Code of Illinois is
9amended by repealing Section 605-75.
 
10    Section 15. The Energy Conservation and Coal Development
11Act 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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1following 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
22materials regarding the necessity of waste reduction and
23recycling to reduce dependence on landfills and to maintain
24environmental quality. The materials developed shall be
25suitable for instructional use in grades 3, 4 and 5. The
26Department shall distribute such instructional material to all

 

 

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1public elementary and unit school districts no later than
2November 1, of each year.
3    (e) (Blank). The Department shall study the feasibility of
4requiring that wood and sawdust from construction waste,
5demolition projects, sawmills, or other projects or industries
6where wood is used in a large amount be shredded and composted,
7and that such wood be prohibited from being disposed of in a
8landfill. The Department shall report the results of this study
9to the General Assembly by January 1, 1991.
10    (f) (Blank).
11    (g) (Blank). The Department shall develop a program
12designated to encourage the recycling of outdated telephone
13directories and to encourage the printing of new directories on
14recycled paper. The Department shall work in conjunction with
15printers and distributors of telephone directories distributed
16in the State to provide them with any technical assistance
17available in their efforts to procure appropriate recycled
18paper. The Department shall also encourage directory
19distributors to pick up outdated directories as they distribute
20new ones, and shall assist any distributor who is willing to do
21so in finding a recycler willing to purchase the old
22directories and in publicizing and promoting with citizens of
23the area the distributor's collection efforts and schedules.
24    (h) (Blank). The Department shall assist, cooperate with
25and provide necessary staff and resources for the Interagency
26Energy Conservation Committee, which shall be chaired by the

 

 

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1Director 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
5amended 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,
9regulation or order, and any amendment thereof made by the
10Governor under the provisions of this Act in the office of the
11Secretary of State. No rule, regulation or order, or any
12amendment thereof shall be effective until 10 days after the
13filing, provided, however, that upon the declaration of a
14disaster by the Governor as is described in Section 7 the
15provision relating to the effective date of any rule,
16regulation, order or amendment issued under this Act and during
17the state of disaster is abrogated, and the rule, regulation,
18order or amendment shall become effective immediately upon
19being filed with the Secretary of State accompanied by a
20certificate stating the reason as required by the Illinois
21Administrative Procedure Act.
22    (b) Every emergency services and disaster agency
23established pursuant to this Act and the coordinators thereof
24shall execute and enforce the orders, rules and regulations as

 

 

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1may be made by the Governor under authority of this Act. Each
2emergency services and disaster agency shall have available for
3inspection at its office all orders, rules and regulations made
4by the Governor, or under the Governor's authority. The
5Illinois Emergency Management Agency shall furnish on the
6Department's website the orders, rules and regulations to each
7such emergency services and disaster agency. Upon the written
8request of an emergency services or disaster agency, copies
9thereof shall be mailed to the emergency services or disaster
10agency.
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
14repealed.
 
15    Section 30. The State Finance Act is amended by changing
16Sections 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
20liquidity in the General Revenue Fund, the Healthcare Provider
21Relief Fund, and the Common School Fund, on and after July 1,
222010 and through June 30, 2011, the State Treasurer and the
23State Comptroller shall make transfers to the General Revenue

 

 

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1Fund, the Healthcare Provider Relief Fund, or the Common School
2Fund, as directed by the Governor, out of special funds of the
3State, to the extent allowed by federal law. No transfer may be
4made from a fund under this Section that would have the effect
5of reducing the available balance in the fund to an amount less
6than the amount remaining unexpended and unreserved from the
7total appropriation from that fund estimated to be expended for
8that fiscal year. No such transfer may reduce the cumulative
9balance of all of the special funds of the State to an amount
10less than the total debt service payable during the 12 months
11immediately following the date of the transfer on any bonded
12indebtedness of the State and any certificates issued under the
13Short Term Borrowing Act. Notwithstanding any other provision
14of this Section, no such transfer may be made from any special
15fund that is exclusively collected by or appropriated to any
16other constitutional officer without the written approval of
17that constitutional officer.
18    (b) If moneys have been transferred to the General Revenue
19Fund, the Healthcare Provider Relief Fund, or the Common School
20Fund pursuant to subsection (a) of this Section, this
21amendatory Act of the 96th General Assembly shall constitute
22the irrevocable and continuing authority for and direction to
23the State Treasurer and State Comptroller to reimburse the
24funds of origin from the General Revenue Fund, the Healthcare
25Provider Relief Fund, or the Common School Fund, as
26appropriate, by transferring to the funds of origin, at such

 

 

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1times and in such amounts as directed by the Governor when
2necessary to support appropriated expenditures from the funds,
3an amount equal to that transferred from them plus any interest
4that would have accrued thereon had the transfer not occurred,
5except that any moneys transferred pursuant to subsection (a)
6of this Section shall be repaid to the fund of origin within 18
7months after the date on which they were borrowed.
8    (c) On the first day of each quarterly period in each
9fiscal year, until such time as a report indicates that all
10moneys borrowed and interest pursuant to this Section have been
11repaid, the Governor's Office of Management and Budget shall
12provide to the President and the Minority Leader of the Senate,
13the Speaker and the Minority Leader of the House of
14Representatives, and the Commission on Government Forecasting
15and Accountability a report on all transfers made pursuant to
16this Section in the prior quarterly period. The report must be
17provided in both written and electronic format. The report must
18include 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;
597-72, eff. 7-1-11 (see also P.A. 97-613 regarding effective
6date 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
9Sales Tax Reform Fund: (i) subject to appropriation to the
10Department of Revenue, Municipalities having 1,000,000 or more
11inhabitants shall receive 20% and may expend such amount to
12fund and establish a program for developing and coordinating
13public and private resources targeted to meet the affordable
14housing needs of low-income and very low-income households
15within such municipality, (ii) 10% shall be transferred into
16the Regional Transportation Authority Occupation and Use Tax
17Replacement Fund, a special fund in the State treasury which is
18hereby created, (iii) until July 1, 2013, subject to
19appropriation to the Department of Transportation, the The
20Madison County Mass Transit District shall receive .6%, and
21beginning on July 1, 2013, subject to appropriation to the
22Department of Revenue, 0.6% shall be distributed each month out
23of the Fund to the Madison County Mass Transit District, (iv)
24the following amounts, plus any cumulative deficiency in such
25transfers for prior months, shall be transferred monthly into

 

 

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1the Build Illinois Fund and credited to the Build Illinois Bond
2Account therein:
3Fiscal YearAmount
41990$2,700,000
519911,850,000
619922,750,000
719932,950,000
8    From Fiscal Year 1994 through Fiscal Year 2025 the transfer
9shall total $3,150,000 monthly, plus any cumulative deficiency
10in such transfers for prior months, and (v) the remainder of
11the money paid into the State and Local Sales Tax Reform Fund
12shall be transferred into the Local Government Distributive
13Fund and, except for municipalities with 1,000,000 or more
14inhabitants which shall receive no portion of such remainder,
15shall be distributed, subject to appropriation, in the manner
16provided by Section 2 of "An Act in relation to State revenue
17sharing with local government entities", approved July 31,
181969, as now or hereafter amended. Municipalities with more
19than 50,000 inhabitants according to the 1980 U.S. Census and
20located within the Metro East Mass Transit District receiving
21funds pursuant to provision (v) of this paragraph may expend
22such amounts to fund and establish a program for developing and
23coordinating public and private resources targeted to meet the
24affordable housing needs of low-income and very low-income
25households 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
2changing 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,
7shall track and report by means of a quarterly monthly report
8the State's spending of the federal stimulus moneys provided
9pursuant to the American Recovery and Reinvestment Act of 2009.
10    (b) Each quarterly monthly report shall list the amount of
11the State's federal stimulus spending, by category, based on
12available federal and State data. The reports may also list any
13required matching funds required by the State to be eligible
14for federal stimulus funding. The reports may make
15recommendations (i) concerning ways for Illinois to maximize
16its share of federal stimulus spending or (ii) suggesting
17changes to Illinois law that could help to maximize its share
18of federal stimulus spending. A final report compiling data
19from the quarterly monthly reports shall be available online at
20the conclusion of the American Recovery and Reinvestment Act
21program or by December 31, 2014, whichever occurs first.
22    (c) The reports shall be available on a State of Illinois
23website and filed with the Speaker and Minority Leader of the
24House and the President and Minority Leader of the Senate.

 

 

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1    (d) The General Assembly may by resolution request that
2specific data, findings, or analyses be included in a monthly
3report. The Commission on Government Forecasting and
4Accountability shall provide the Governor's Office technical,
5analytical, and substantive assistance in preparing the
6requested 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
10changing 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
13this Section, Bonds shall be sold from time to time pursuant to
14notice of sale and public bid or by negotiated sale in such
15amounts and at such times as is directed by the Governor, upon
16recommendation by the Director of the Governor's Office of
17Management and Budget. At least 25%, based on total principal
18amount, of all Bonds issued each fiscal year shall be sold
19pursuant to notice of sale and public bid. At all times during
20each fiscal year, no more than 75%, based on total principal
21amount, of the Bonds issued each fiscal year, shall have been
22sold by negotiated sale. Failure to satisfy the requirements in
23the preceding 2 sentences shall not affect the validity of any
24previously issued Bonds; provided that all Bonds authorized by

 

 

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1Public Act 96-43 and this amendatory Act of the 96th General
2Assembly shall not be included in determining compliance for
3any fiscal year with the requirements of the preceding 2
4sentences; and further provided that refunding Bonds
5satisfying the requirements of Section 16 of this Act and sold
6during fiscal year 2009, 2010, or 2011 shall not be subject to
7the requirements in the preceding 2 sentences.
8    If any Bonds, including refunding Bonds, are to be sold by
9negotiated sale, the Director of the Governor's Office of
10Management and Budget shall comply with the competitive request
11for proposal process set forth in the Illinois Procurement Code
12and all other applicable requirements of that Code.
13    If Bonds are to be sold pursuant to notice of sale and
14public bid, the Director of the Governor's Office of Management
15and Budget may shall, from time to time, as Bonds are to be
16sold, advertise the sale of the Bonds in at least 2 daily
17newspapers, one of which is published in the City of
18Springfield and one in the City of Chicago. The sale of the
19Bonds shall also be advertised in the volume of the Illinois
20Procurement Bulletin that is published by the Department of
21Central Management Services, and . Each of the advertisements
22for proposals shall be published once at least 10 days prior to
23the date fixed for the opening of the bids. The Director of the
24Governor's Office of Management and Budget may reschedule the
25date of sale upon the giving of such additional notice as the
26Director deems adequate to inform prospective bidders of such

 

 

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1change; provided, however, that all other conditions of the
2sale shall continue as originally advertised.
3    Executed Bonds shall, upon payment therefor, be delivered
4to the purchaser, and the proceeds of Bonds shall be paid into
5the 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;
796-1497, eff. 1-14-11.)
 
8    Section 45. The Build Illinois Bond Act is amended by
9changing 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
12in this Section, shall be sold from time to time pursuant to
13notice of sale and public bid or by negotiated sale in such
14amounts and at such times as are directed by the Governor, upon
15recommendation by the Director of the Governor's Office of
16Management and Budget. At least 25%, based on total principal
17amount, of all Bonds issued each fiscal year shall be sold
18pursuant to notice of sale and public bid. At all times during
19each fiscal year, no more than 75%, based on total principal
20amount, of the Bonds issued each fiscal year shall have been
21sold by negotiated sale. Failure to satisfy the requirements in
22the preceding 2 sentences shall not affect the validity of any
23previously issued Bonds; and further provided that refunding
24Bonds satisfying the requirements of Section 15 of this Act and

 

 

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1sold during fiscal year 2009, 2010, or 2011 shall not be
2subject to the requirements in the preceding 2 sentences.
3    If any Bonds are to be sold pursuant to notice of sale and
4public bid, the Director of the Governor's Office of Management
5and Budget shall comply with the competitive request for
6proposal process set forth in the Illinois Procurement Code and
7all other applicable requirements of that Code.
8    If Bonds are to be sold pursuant to notice of sale and
9public bid, the Director of the Governor's Office of Management
10and Budget may shall, from time to time, as Bonds are to be
11sold, advertise the sale of the Bonds in at least 2 daily
12newspapers, one of which is published in the City of
13Springfield and one in the City of Chicago. The sale of the
14Bonds shall also be advertised in the volume of the Illinois
15Procurement Bulletin that is published by the Department of
16Central Management Services, and . Each of the advertisements
17for proposals shall be published once at least 10 days prior to
18the date fixed for the opening of the bids. The Director of the
19Governor's Office of Management and Budget may reschedule the
20date of sale upon the giving of such additional notice as the
21Director deems adequate to inform prospective bidders of the
22change; provided, however, that all other conditions of the
23sale shall continue as originally advertised. Executed Bonds
24shall, upon payment therefor, be delivered to the purchaser,
25and the proceeds of Bonds shall be paid into the State Treasury
26as directed by Section 9 of this Act. The Governor or the

 

 

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1Director of the Governor's Office of Management and Budget is
2hereby authorized and directed to execute and deliver contracts
3of sale with underwriters and to execute and deliver such
4certificates, indentures, agreements and documents, including
5any supplements or amendments thereto, and to take such actions
6and do such things as shall be necessary or desirable to carry
7out the purposes of this Act. Any action authorized or
8permitted to be taken by the Director of the Governor's Office
9of Management and Budget pursuant to this Act is hereby
10authorized to be taken by any person specifically designated by
11the Governor to take such action in a certificate signed by the
12Governor 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
16repealing Section 5.
 
17    Section 55. The School Code is amended by changing Section
1814-8.04 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
21is the governing body of any secondary school in this State
22that provides special education services and facilities for
23children with disabilities shall include, as part of preparing

 

 

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1the transition planning for disabled children who are 16 years
2of age or more, consideration of a supported employment
3component with experiences in integrated community settings
4for those eligible children with disabilities who have been
5determined at an IEP meeting to be in need of participation in
6the supported employment services offered pursuant to this
7Section.
8    Supported employment services made available as part of
9transition planning under this Section shall be designed and
10developed for school boards by the State Board of Education, in
11consultation with programs such as Project CHOICES (Children
12Have Opportunities In Integrated Community Environments),
13parents and advocates of children with disabilities, and the
14Departments of Central Management Services and Human Services,
15and shall be maintained and operated in such manner as to
16coordinate with supported employee programs administered under
17the 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
22Section 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
2this Act or subject hereto shall be a body corporate and
3politic and shall, without specific mention thereof in the
4charter, have all the powers conferred by this Act and the
5following additional general corporate powers:
6    (1) To sue and be sued, complain, and defend in its
7corporate name.
8    (2) To have a corporate seal, which may be altered at
9pleasure, and to use the same by causing it or a facsimile
10thereof to be impressed or affixed or in any manner reproduced,
11provided that the affixing of a corporate seal to an instrument
12shall not give the instrument additional force or effect, or
13change the construction thereof, and the use of a corporate
14seal is not mandatory.
15    (3) To make, alter, amend, and repeal bylaws, not
16inconsistent with its charter or with law, for the
17administration of the affairs of the bank. If this Act does not
18provide specific guidance in matters of corporate governance,
19the provisions of the Business Corporation Act of 1983 may be
20used if so provided in the bylaws, and if the bank is a limited
21liability company, the provisions of the Limited Liability
22Company Act shall be used.
23    (4) To elect or appoint and remove officers and agents of
24the bank and define their duties and fix their compensation.
25    (5) To adopt and operate reasonable bonus plans,
26profit-sharing plans, stock-bonus plans, stock-option plans,

 

 

09800SB1621ham001- 20 -LRB098 09951 HLH 45564 a

1pension plans and similar incentive plans for its directors,
2officers and employees.
3    (5.1) To manage, operate and administer a fund for the
4investment of funds by a public agency or agencies, including
5any unit of local government or school district, or any person.
6The fund for a public agency shall invest in the same type of
7investments and be subject to the same limitations provided for
8the investment of public funds. The fund for public agencies
9shall maintain a separate ledger showing the amount of
10investment for each public agency in the fund. "Public funds"
11and "public agency" as used in this Section shall have the
12meanings ascribed to them in Section 1 of the Public Funds
13Investment Act.
14    (6) To make reasonable donations for the public welfare or
15for charitable, scientific, religious or educational purposes.
16    (7) To borrow or incur an obligation; and to pledge its
17assets:
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
16real estate necessary in or with which to do its banking
17business, either directly or indirectly through the ownership
18of all or part of the capital stock, shares or interests in any
19corporation, association, trust engaged in holding any part or
20parts or all of the bank premises, engaged in such business and
21in conducting a safe deposit business in the premises or part
22of them, or engaged in any activity that the bank is permitted
23to conduct in a subsidiary pursuant to paragraph (12) of this
24Section 5.
25    (9) To own, possess, and carry as assets other real estate
26to which it may obtain title in the collection of its debts or

 

 

09800SB1621ham001- 22 -LRB098 09951 HLH 45564 a

1that was formerly used as a part of the bank premises, but
2title to any real estate except as herein permitted shall not
3be retained by the bank, either directly or by or through a
4subsidiary, as permitted by subsection (12) of this Section for
5a total period of more than 10 years after acquiring title,
6either directly or indirectly.
7    (10) To do any act, including the acquisition of stock,
8necessary to obtain insurance of its deposits, or part thereof,
9and any act necessary to obtain a guaranty, in whole or in
10part, of any of its loans or investments by the United States
11or any agency thereof, and any act necessary to sell or
12otherwise dispose of any of its loans or investments to the
13United States or any agency thereof, and to acquire and hold
14membership in the Federal Reserve System.
15    (11) Notwithstanding any other provisions of this Act or
16any other law, to do any act and to own, possess, and carry as
17assets property of the character, including stock, that is at
18the time authorized or permitted to national banks by an Act of
19Congress, but subject always to the same limitations and
20restrictions as are applicable to national banks by the
21pertinent federal law and subject to applicable provisions of
22the Financial Institutions Insurance Sales Law.
23    (12) To own, possess, and carry as assets stock of one or
24more corporations that is, or are, engaged in one or more of
25the following businesses:
26        (a) holding title to and administering assets acquired

 

 

09800SB1621ham001- 23 -LRB098 09951 HLH 45564 a

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
22and shall not be deemed to limit the powers of a State bank
23with respect to the ownership, possession, and carrying of
24stock that a State bank is permitted to own, possess, or carry
25under this Act.
26    Any bank intending to establish a subsidiary under this

 

 

09800SB1621ham001- 24 -LRB098 09951 HLH 45564 a

1subsection (12) shall give written notice to the Commissioner
260 days prior to the subsidiary's commencing of business or, as
3the case may be, prior to acquiring stock in a corporation that
4has already commenced business. After receiving the notice, the
5Commissioner may waive or reduce the balance of the 60 day
6notice period. The Commissioner may specify the form of the
7notice, may designate the types of subsidiaries not subject to
8this notice requirement, and may promulgate rules and
9regulations to administer this subsection (12).
10    (13) To accept for payment at a future date not exceeding
11one year from the date of acceptance, drafts drawn upon it by
12its customers; and to issue, advise, or confirm letters of
13credit authorizing the holders thereof to draw drafts upon it
14or its correspondents.
15    (14) To own and lease personal property acquired by the
16bank at the request of a prospective lessee and upon the
17agreement of that person to lease the personal property
18provided that the lease, the agreement with respect thereto,
19and the amount of the investment of the bank in the property
20comply 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

 

 

09800SB1621ham001- 25 -LRB098 09951 HLH 45564 a

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
6the Electronic Fund Transfer Act.
7    (18) To establish and maintain temporary service booths at
8any International Fair held in this State which is approved by
9the United States Department of Commerce, for the duration of
10the international fair for the sole purpose of providing a
11convenient place for foreign trade customers at the fair to
12exchange their home countries' currency into United States
13currency or the converse. This power shall not be construed as
14establishing a new place or change of location for the bank
15providing the service booth.
16    (19) To indemnify its officers, directors, employees, and
17agents, as authorized for corporations under Section 8.75 of
18the Business Corporation Act of 1983.
19    (20) To own, possess, and carry as assets stock of, or be
20or become a member of, any corporation, mutual company,
21association, trust, or other entity formed exclusively for the
22purpose of providing directors' and officers' liability and
23bankers' blanket bond insurance or reinsurance to and for the
24benefit of the stockholders, members, or beneficiaries, or
25their assets or businesses, or their officers, directors,
26employees, or agents, and not to or for the benefit of any

 

 

09800SB1621ham001- 26 -LRB098 09951 HLH 45564 a

1other person or entity or the public generally.
2    (21) To make debt or equity investments in corporations or
3projects, whether for profit or not for profit, designed to
4promote the development of the community and its welfare,
5provided that the aggregate investment in all of these
6corporations and in all of these projects does not exceed 10%
7of the unimpaired capital and unimpaired surplus of the bank
8and provided that this limitation shall not apply to
9creditworthy loans by the bank to those corporations or
10projects. Upon written application to the Commissioner, a bank
11may make an investment that would, when aggregated with all
12other such investments, exceed 10% of the unimpaired capital
13and unimpaired surplus of the bank. The Commissioner may
14approve the investment if he is of the opinion and finds that
15the proposed investment will not have a material adverse effect
16on the safety and soundness of the bank.
17    (22) To own, possess, and carry as assets the stock of a
18corporation engaged in the ownership or operation of a travel
19agency 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

 

 

09800SB1621ham001- 27 -LRB098 09951 HLH 45564 a

1    authorized or permitted to perform at one or more affiliate
2    facilities.
3    Any bank intending to conduct or to authorize a commonly
4owned bank to conduct at an affiliate facility any of the
5transactions specified in this paragraph (23) shall give
6written notice to the Commissioner at least 30 days before any
7such transaction is conducted at the affiliate facility.
8    (24) To act as the agent for any fire, life, or other
9insurance company authorized by the State of Illinois, by
10soliciting and selling insurance and collecting premiums on
11policies issued by such company; and to receive for services so
12rendered such fees or commissions as may be agreed upon between
13the bank and the insurance company for which it may act as
14agent; provided, however, that no such bank shall in any case
15assume or guarantee the payment of any premium on insurance
16policies issued through its agency by its principal; and
17provided further, that the bank shall not guarantee the truth
18of any statement made by an assured in filing his application
19for insurance.
20    (25) Notwithstanding any other provisions of this Act or
21any other law, to offer any product or service that is at the
22time authorized or permitted to any insured savings association
23or out-of-state bank by applicable law, provided that powers
24conferred 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

 

 

09800SB1621ham001- 28 -LRB098 09951 HLH 45564 a

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
13the authority of this subsection, a bank shall provide written
14notice to the Commissioner of its intent to engage in the
15activity. The notice shall indicate the specific federal or
16state law, rule, regulation, or interpretation the bank intends
17to use as authority to engage in the activity.
18(Source: P.A. 92-483, eff. 8-23-01; 92-811, eff. 8-21-02;
1993-561; eff.1-1-04.)
 
20    Section 70. The Savings Bank Act is amended by changing
21Section 8006 as follows:
 
22    (205 ILCS 205/8006)  (from Ch. 17, par. 7308-6)
23    Sec. 8006. Merger; Secretary's certificate. The executed
24merger agreement together with copies of the resolutions of the

 

 

09800SB1621ham001- 29 -LRB098 09951 HLH 45564 a

1members or stockholders of each merging depository institution
2approving it, certified by the president or vice president, and
3attested to by the secretary of the savings bank, shall be
4filed with the Secretary. The Secretary shall then issue to the
5continuing savings bank a certificate of merger, setting forth
6the name of each merging depository institution, the name of
7the continuing savings bank, and the articles of incorporation
8of the continuing savings bank. The merger takes effect upon
9the issuance of the certificate of merger recording of the
10certificate in the same manner as the articles of incorporation
11in each county in which the business office of any of the
12merging depository institutions was located and in the county
13in which the business office of the continuing savings bank is
14located. When duly recorded, the certificate shall be
15conclusive evidence of the merger and of the correctness of the
16proceedings 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
19changing 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
22reasonable rules, regulations, directions, orders, decisions
23and findings as the execution and enforcement of this Act
24require, and as are not inconsistent therewith. In addition,

 

 

09800SB1621ham001- 30 -LRB098 09951 HLH 45564 a

1the Department may promulgate rules in connection with the
2activities of licensees that are necessary and appropriate for
3the protection of consumers in this State. All rules and
4regulations shall be sent electronically to printed and copies
5thereof 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
8changing 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
11enforce such reasonable rules, regulations, directions,
12orders, decisions, and findings as the execution and
13enforcement of the provisions of this Act require, and as are
14not inconsistent therewith. In addition, the Department may
15promulgate rules in connection with the activities of licensees
16that are necessary and appropriate for the protection of
17consumers in this State. All rules, regulations and directions
18of a general character shall be sent electronically to printed
19and 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
22changing Section 3 as follows:
 

 

 

09800SB1621ham001- 31 -LRB098 09951 HLH 45564 a

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
4Agency.
5    "Business" means any individual, partnership, corporation,
6or association in the State engaged in a business operation
7that has 5 or more full-time employees, or 20 or more part-time
8employees, and that is properly assigned or included within one
9of the following Standard Industrial Classifications (SIC), as
10designated in the Standard Industrial Classification Manual
11prepared 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
15laminated;
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
20classified;
21    2821 Plastic materials, synthetic resins, and
22non-vulcanizable elastomers;
23    2834 Pharmaceutical preparations;
24    2842 Specialty cleaning, polishing and sanitation
25preparations;
26    2851 Paints, varnishes, lacquers, enamels, and allied

 

 

09800SB1621ham001- 32 -LRB098 09951 HLH 45564 a

1products;
2    2865 Cyclic (coal tar) crudes, and cyclic intermediaries,
3dyes and organic pigments (lakes and toners);
4    2869 Industrial organic chemicals, not elsewhere
5classified;
6    2873 Nitrogenous fertilizer;
7    2874 Phosphatic fertilizers;
8    2879 Pesticides and agricultural chemicals, not elsewhere
9classified;
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
15classified;
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,

 

 

09800SB1621ham001- 33 -LRB098 09951 HLH 45564 a

1except copper and aluminum;
2    3432 Plumbing fixture fittings and trim;
3    3471 Electroplating, plating, polishing, anodizing and
4coloring;
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
9classified;
10    5171 Petroleum bulk stations and terminals;
11    5172 Petroleum and petroleum products, wholesalers, except
12bulk stations and terminals.
13    For the purposes of this Act, the SIC Code that a business
14uses for determining its coverage under The Unemployment
15Insurance Act shall be the SIC Code for determining the
16applicability of this Act. On an annual basis, the Department
17of Employment Security shall provide the IEMA with a list of
18those regulated facilities covered by the above mentioned SIC
19codes.
20    "Business" also means any facility not covered by the above
21SIC codes that is subject to the provisions of Section 302 of
22the federal Emergency Planning and Community Right-to-Know Act
23of 1986 and that is found by the Agency to use, store, or
24manufacture a chemical substance in a quantity that poses a
25threat to the environment or public health. Such a
26determination shall be based on an on-site inspection conducted

 

 

09800SB1621ham001- 34 -LRB098 09951 HLH 45564 a

1by the Agency and certified to the IEMA. The Agency shall also
2conduct inspections at the request of IEMA or upon a written
3request setting forth a justification to the IEMA from the
4chairman of the local emergency planning committee upon
5recommendation of the committee. The IEMA shall transmit a copy
6of the request to the Agency. The Agency may, in the event of a
7reportable release that occurs at any facility operated or
8owned by a business not covered by the above SIC codes, conduct
9inspections if the site hazard appears to warrant such action.
10The above notwithstanding, any farm operation shall not be
11considered 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
14requirements promulgated at Part 1910.119 of Title 29 of the
15Code of Federal Regulations are applicable or which has
16completed and submitted the plan required by Part 68 of Title
1740 of the Code of Federal Regulations, provided that such
18business conducts and documents in writing an assessment for
19any instance where the Agency provides notice that a
20significant release of a chemical substance has occurred at a
21facility. Such assessment shall explain the nature, cause and
22known effects of the release, any mitigating actions taken, and
23preventive measures that can be employed to avoid a future
24release. Such assessment shall be available at the facility for
25review within 30 days after the Agency notifies the facility
26that a significant release has occurred. The Agency may provide

 

 

09800SB1621ham001- 35 -LRB098 09951 HLH 45564 a

1written comments to the business following an on-site review of
2an assessment.
3    "Chemical name" means the scientific designation of a
4chemical in accordance with the nomenclature system developed
5by the International Union of Pure and Applied Chemistry
6(IUPAC) or the American Chemical Society's Chemical Abstracts
7Service (CAS) rules of nomenclature, or a name that will
8clearly identify the chemical for hazard evaluation purposes.
9    "Chemical substance" means any "extremely hazardous
10substance" listed in Appendix A of 40 C.F.R. Part 355 that is
11present at a facility in an amount in excess of its threshold
12planning quantity, any "hazardous substance" listed in 40
13C.F.R. Section 302.4 that is present at a facility in an amount
14in excess of its reportable quantity or in excess of its
15threshold planning quantity if it is also an "extremely
16hazardous substance", and any petroleum including crude oil or
17any fraction thereof that is present at a facility in an amount
18exceeding 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
21it is used for personal, family, or household purposes or to
22the extent it is present in the same form and concentration as
23a product packaged for distribution to and use by the general
24public.
25    "IEMA" means the Illinois Emergency Management Agency.
26    "Facility" means the buildings and all real property

 

 

09800SB1621ham001- 36 -LRB098 09951 HLH 45564 a

1contiguous thereto, and the equipment at a single location used
2for the conduct of business.
3    "Local emergency planning committee" means the committee
4that is appointed for an emergency planning district under the
5provisions of Section 301 of the federal Emergency Planning and
6Community Right-to-Know Act of 1986.
7    "Release" means any sudden spilling, leaking, pumping,
8pouring, emitting, escaping, emptying, discharging, injecting,
9leaching, dumping, or disposing into the environment beyond the
10boundaries 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
26designated in writing by the Agency or the IEMA based upon an

 

 

09800SB1621ham001- 37 -LRB098 09951 HLH 45564 a

1inspection at the site of an emergency incident, or any release
2which results in any evacuation, hospitalization, or
3fatalities 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
7repealing Section 15-115.
 
8    Section 95. The Payday Loan Reform Act is amended by
9changing 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
13rules, regulations, directions, orders, decisions, and
14findings as the execution and enforcement of the provisions of
15this Act require, and as are not inconsistent therewith. All
16rules, regulations, and directions of a general character shall
17be sent electronically to printed and copies thereof mailed to
18all licensees.
19    (b) Within 6 months after the effective date of this Act,
20the Department shall promulgate reasonable rules regarding the
21issuance of payday loans by banks, savings banks, savings and
22loan associations, credit unions, and insurance companies.
23These rules shall be consistent with this Act and shall be

 

 

09800SB1621ham001- 38 -LRB098 09951 HLH 45564 a

1limited in scope to the actual products and services offered by
2lenders governed by this Act.
3    (c) After the effective date of this Act, the Department
4shall, over a 3-year period, conduct a study of the payday loan
5industry to determine the impact and effectiveness of this Act.
6The Department shall report its findings to the General
7Assembly within 3 months of the third anniversary of the
8effective date of this Act. The study shall determine the
9effect of this Act on the protection of consumers in this State
10and on the fair and reasonable regulation of the payday loan
11industry. The study shall include, but shall not be limited to,
12an analysis of the ability of the industry to use private
13reporting 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
21and recommend specific amendments to this Act to further
22protect consumers and to guarantee fair and reasonable
23regulation 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

 

 

09800SB1621ham001- 39 -LRB098 09951 HLH 45564 a

1becoming law.".