Full Text of SB3443 98th General Assembly
SB3443 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 SB3443 Introduced 2/14/2014, by Sen. Dan Kotowski SYNOPSIS AS INTRODUCED: |
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Amends the State Budget Law of the Civil Administrative Code of Illinois. Removes a requirement that the Governor must distribute budget statements on all appropriated funds. Removes a requirement that the Governor's written quarterly financial reports must be prepared for each State agency and on a statewide level. Amends the Property Tax Code. Provides that certain information must be posted on the Department of Revenue's website. Repeals a provision of the Wholesale Drug Distribution Licensing Act requiring wholesale distributors to submit a bond. Amends the Liquor Control Act of 1934. Removes a provision requiring State parks to consent before alcohol may be sold at retail in buildings in the park. Repeals the High Blood Pressure Control Act. Amends the Environmental Control Act. Authorizes the transfer of moneys from the Hazardous Waste Occupational Licensing Fund to the Environmental Protection Permit and Inspection Fund. Repeals various boards and commissions. Amends the Animal Gastroenteritis Act to add members to the Swine Disease Control Committee. Provides that meetings shall only be held in the event of a disease outbreak. Repeals the Defense Contract Employment Discrimination Act. Effective immediately, except that some provisions take effect January 1, 2015.
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The State Budget Law of the Civil Administrative | 5 | | Code of Illinois is amended by changing Section 50-5 as | 6 | | follows: | 7 | | (15 ILCS 20/50-5) | 8 | | Sec. 50-5. Governor to submit State budget. | 9 | | (a) The Governor shall, as soon as
possible and not later | 10 | | than the second
Wednesday in March in 2010 (March 10, 2010), | 11 | | the third
Wednesday in February in 2011, the fourth Wednesday | 12 | | in February in 2012 (February 22, 2012), the first Wednesday in | 13 | | March in 2013 (March 6, 2013), the fourth Wednesday in March in | 14 | | 2014 (March 26, 2014), and the third Wednesday in February of | 15 | | each year thereafter, except as otherwise provided in this | 16 | | Section, submit a
State budget, embracing therein the amounts | 17 | | recommended by the Governor to be
appropriated to the | 18 | | respective departments, offices, and institutions, and
for all | 19 | | other public purposes, the estimated revenues from taxation, | 20 | | and the
estimated revenues from sources other than taxation. | 21 | | Except with respect to the capital development provisions of | 22 | | the State budget, beginning with the revenue estimates prepared | 23 | | for fiscal year 2012, revenue estimates shall be based solely |
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| 1 | | on: (i) revenue sources (including non-income resources), | 2 | | rates, and levels that exist as of the date of the submission | 3 | | of the State budget for the fiscal year and (ii) revenue | 4 | | sources (including non-income resources), rates, and levels | 5 | | that have been passed by the General Assembly as of the date of | 6 | | the submission of the State budget for the fiscal year and that | 7 | | are authorized to take effect in that fiscal year. Except with | 8 | | respect to the capital development provisions of the State | 9 | | budget, the Governor shall determine available revenue, deduct | 10 | | the cost of essential government services, including, but not | 11 | | limited to, pension payments and debt service, and assign a | 12 | | percentage of the remaining revenue to each statewide | 13 | | prioritized goal, as established in Section 50-25 of this Law, | 14 | | taking into consideration the proposed goals set forth in the | 15 | | report of the Commission established under that Section. The | 16 | | Governor shall also demonstrate how spending priorities for the | 17 | | fiscal year fulfill those statewide goals. The amounts | 18 | | recommended by the
Governor for appropriation to the respective | 19 | | departments, offices and
institutions shall be formulated | 20 | | according to each department's, office's, and institution's | 21 | | ability to effectively deliver services that meet the | 22 | | established statewide goals. The amounts relating to | 23 | | particular functions
and activities shall be further | 24 | | formulated in accordance with the object
classification | 25 | | specified in Section 13 of the State Finance Act. In addition, | 26 | | the amounts recommended by the Governor for appropriation shall |
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| 1 | | take into account each State agency's effectiveness in | 2 | | achieving its prioritized goals for the previous fiscal year, | 3 | | as set forth in Section 50-25 of this Law, giving priority to | 4 | | agencies and programs that have demonstrated a focus on the | 5 | | prevention of waste and the maximum yield from resources. | 6 | | Beginning in fiscal year 2011, the Governor shall | 7 | | distribute written quarterly financial reports on operating | 8 | | funds, which may include general, State, or federal funds and | 9 | | may include funds related to agencies that have significant | 10 | | impacts on State operations , and budget statements on all | 11 | | appropriated funds to the General Assembly and the State | 12 | | Comptroller. The reports shall be submitted no later than 45 | 13 | | days after the last day of each quarter of the fiscal year and | 14 | | shall be posted on the Governor's Office of Management and | 15 | | Budget's website on the same day. The reports shall be prepared | 16 | | and presented for each State agency and on a statewide level in | 17 | | an executive summary format that may include, for the fiscal | 18 | | year to date, individual itemizations for each significant | 19 | | revenue type as well as itemizations of expenditures and | 20 | | obligations, by agency, with an appropriate level of detail. | 21 | | The reports shall include a calculation of the actual total | 22 | | budget surplus or deficit for the fiscal year to date. The | 23 | | Governor shall also present periodic budget addresses | 24 | | throughout the fiscal year at the invitation of the General | 25 | | Assembly. | 26 | | The Governor shall not propose expenditures and the General |
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| 1 | | Assembly shall
not enact appropriations that exceed the | 2 | | resources estimated to be available,
as provided in this | 3 | | Section. Appropriations may be adjusted during the fiscal year | 4 | | by means of one or more supplemental appropriation bills if any | 5 | | State agency either fails to meet or exceeds the goals set | 6 | | forth in Section 50-25 of this Law. | 7 | | For the purposes of Article VIII, Section 2 of the 1970
| 8 | | Illinois Constitution, the State budget for the following funds | 9 | | shall be
prepared on the basis of revenue and expenditure | 10 | | measurement concepts that are
in concert with generally | 11 | | accepted accounting principles for governments: | 12 | | (1) General Revenue Fund. | 13 | | (2) Common School Fund. | 14 | | (3) Educational Assistance Fund. | 15 | | (4) Road Fund. | 16 | | (5) Motor Fuel Tax Fund. | 17 | | (6) Agricultural Premium Fund. | 18 | | These funds shall be known as the "budgeted funds". The | 19 | | revenue
estimates used in the State budget for the budgeted | 20 | | funds shall include the
estimated beginning fund balance, plus
| 21 | | revenues estimated to be received during the budgeted year, | 22 | | plus the estimated
receipts due the State as of June 30 of the | 23 | | budgeted year that are expected to
be collected during the | 24 | | lapse period following the budgeted year, minus the
receipts | 25 | | collected during the first 2 months of the budgeted year that | 26 | | became
due to the State in the year before the budgeted year. |
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| 1 | | Revenues shall also
include estimated federal reimbursements | 2 | | associated with the recognition of
Section 25 of the State | 3 | | Finance Act liabilities. For any budgeted fund
for which | 4 | | current year revenues are anticipated to exceed expenditures, | 5 | | the
surplus shall be considered to be a resource available for | 6 | | expenditure in the
budgeted fiscal year. | 7 | | Expenditure estimates for the budgeted funds included in | 8 | | the State budget
shall include the costs to be incurred by the | 9 | | State for the budgeted year,
to be paid in the next fiscal | 10 | | year, excluding costs paid in the budgeted year
which were | 11 | | carried over from the prior year, where the payment is | 12 | | authorized by
Section
25 of the State Finance Act. For any | 13 | | budgeted fund
for which expenditures are expected to exceed | 14 | | revenues in the current fiscal
year, the deficit shall be | 15 | | considered as a use of funds in the budgeted fiscal
year. | 16 | | Revenues and expenditures shall also include transfers | 17 | | between funds that are
based on revenues received or costs | 18 | | incurred during the budget year. | 19 | | Appropriations for expenditures shall also include all | 20 | | anticipated statutory continuing appropriation obligations | 21 | | that are expected to be incurred during the budgeted fiscal | 22 | | year. | 23 | | By
March 15 of each year, the
Commission on Government | 24 | | Forecasting and Accountability shall prepare
revenue and fund | 25 | | transfer estimates in accordance with the requirements of this
| 26 | | Section and report those estimates to the General Assembly and |
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| 1 | | the Governor. | 2 | | For all funds other than the budgeted funds, the proposed | 3 | | expenditures shall
not exceed funds estimated to be available | 4 | | for the fiscal year as shown in the
budget. Appropriation for a | 5 | | fiscal year shall not exceed funds estimated by
the General | 6 | | Assembly to be available during that year. | 7 | | (b) By February 24, 2010, the Governor must file a written | 8 | | report with the Secretary of the Senate and the Clerk of the | 9 | | House of Representatives containing the following: | 10 | | (1) for fiscal year 2010, the revenues for all budgeted | 11 | | funds, both actual to date and estimated for the full | 12 | | fiscal year; | 13 | | (2) for fiscal year 2010, the expenditures for all | 14 | | budgeted funds, both actual to date and estimated for the | 15 | | full fiscal year; | 16 | | (3) for fiscal year 2011, the estimated revenues for | 17 | | all budgeted funds, including without limitation the | 18 | | affordable General Revenue Fund appropriations, for the | 19 | | full fiscal year; and | 20 | | (4) for fiscal year 2011, an estimate of the | 21 | | anticipated liabilities for all budgeted funds, including | 22 | | without limitation the affordable General Revenue Fund | 23 | | appropriations, debt service on bonds issued, and the | 24 | | State's contributions to the pension systems, for the full | 25 | | fiscal year. | 26 | | Between July 1 and August 31 of each fiscal year, the |
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| 1 | | members of the General Assembly and members of the public may | 2 | | make written budget recommendations to the Governor. | 3 | | Beginning with budgets prepared for fiscal year 2013, the | 4 | | budgets submitted by the Governor and appropriations made by | 5 | | the General Assembly for all executive branch State agencies | 6 | | must adhere to a method of budgeting where each priority must | 7 | | be justified each year according to merit rather than according | 8 | | to the amount appropriated for the preceding year. | 9 | | (Source: P.A. 97-669, eff. 1-13-12; 97-813, eff. 7-13-12; 98-2, | 10 | | eff. 2-19-13; 98-626, eff. 2-5-14.) | 11 | | Section 10. The Personnel Code is amended by changing | 12 | | Section 9 as follows:
| 13 | | (20 ILCS 415/9) (from Ch. 127, par. 63b109)
| 14 | | Sec. 9. Director, powers and duties. The Director, as | 15 | | executive
head of the Department, shall direct and supervise | 16 | | all its
administrative and technical activities. In addition to | 17 | | the duties
imposed upon him elsewhere in this law, it shall be | 18 | | his duty:
| 19 | | (1) To apply and carry out this law and the rules adopted
| 20 | | thereunder.
| 21 | | (2) To attend meetings of the Commission.
| 22 | | (3) To establish and maintain a roster of all employees | 23 | | subject to
this Act, in which there shall be set forth, as to | 24 | | each employee, the
class, title, pay, status, and other |
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| 1 | | pertinent data.
| 2 | | (4) To appoint, subject to the provisions of this Act, such
| 3 | | employees of the Department and such experts and special | 4 | | assistants as
may be necessary to carry out effectively this | 5 | | law.
| 6 | | (5) Subject to such exemptions or modifications as may be | 7 | | necessary
to assure the continuity of federal contributions in | 8 | | those agencies
supported in whole or in part by federal funds, | 9 | | to make appointments to
vacancies; to approve all written | 10 | | charges seeking discharge, demotion,
or other disciplinary | 11 | | measures provided in this Act and to approve
transfers of | 12 | | employees from one geographical area to another in the
State, | 13 | | in offices, positions or places of employment covered by this
| 14 | | Act, after consultation with the operating unit.
| 15 | | (6) To formulate and administer service wide policies and | 16 | | programs
for the improvement of employee effectiveness, | 17 | | including training,
safety, health, incentive recognition, | 18 | | counseling, welfare and employee
relations. The Department | 19 | | shall formulate and administer recruitment
plans and testing of | 20 | | potential employees for agencies having direct
contact with | 21 | | significant numbers of non-English speaking or otherwise
| 22 | | culturally distinct persons. The Department shall require each | 23 | | State agency
to annually assess the need for employees with | 24 | | appropriate bilingual
capabilities to serve the significant | 25 | | numbers of non-English speaking or
culturally distinct | 26 | | persons. The Department shall develop a uniform
procedure for |
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| 1 | | assessing an agency's need for employees with appropriate
| 2 | | bilingual capabilities. Agencies shall establish occupational | 3 | | titles or
designate positions as "bilingual option" for persons | 4 | | having sufficient
linguistic ability or cultural knowledge to | 5 | | be able to render effective
service to such persons. The | 6 | | Department shall ensure that any such option
is exercised | 7 | | according to the agency's needs assessment and the
requirements | 8 | | of this Code. The Department shall make annual reports of the
| 9 | | needs assessment of each agency and the number of positions | 10 | | calling for
non-English linguistic ability to whom vacancy | 11 | | postings were sent, and the
number filled by each agency. Such | 12 | | policies and programs shall be subject
to approval by the | 13 | | Governor. Such policies, program reports and needs
assessment | 14 | | reports shall be filed with the General Assembly
by January 1 | 15 | | of each year and shall be available to the public.
| 16 | | The Department shall include within the report required | 17 | | above
the number of persons receiving the bilingual pay | 18 | | supplement established by
Section 8a.2 of this Code. The report | 19 | | shall provide the number of persons
receiving the bilingual pay | 20 | | supplement for languages other than English and for
signing. | 21 | | The report shall also indicate the number of persons, by the
| 22 | | categories of Hispanic and non-Hispanic, who are receiving the | 23 | | bilingual pay
supplement for language skills other than | 24 | | signing, in a language other than
English.
| 25 | | (7) To conduct negotiations affecting pay, hours of work, | 26 | | or other
working conditions of employees subject to this Act.
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| 1 | | (8) To make continuing studies to improve the efficiency of | 2 | | State
services to the residents of Illinois, including but not | 3 | | limited to those
who are non-English speaking or culturally | 4 | | distinct, and to report his
findings and recommendations to the | 5 | | Commission and the Governor.
| 6 | | (9) To investigate from time to time the operation and | 7 | | effect of
this law and the rules made thereunder and to report | 8 | | his findings and
recommendations to the Commission and to the
| 9 | | Governor.
| 10 | | (10) To make an annual report regarding the work of the | 11 | | Department,
and such special reports as he may consider | 12 | | desirable, to the Commission
and to the Governor, or as the | 13 | | Governor or Commission may request.
| 14 | | (11) (Blank). To conduct research and planning regarding | 15 | | the total manpower
needs of all offices, including the | 16 | | Lieutenant Governor, Secretary of
State, State Treasurer, | 17 | | State Comptroller, State Superintendent of
Education, and | 18 | | Attorney General, and of all departments, agencies,
boards, and | 19 | | commissions of the executive branch, except state-supported
| 20 | | colleges and universities, and for that purpose to prescribe | 21 | | forms for
the reporting of such personnel information as the | 22 | | department may
request both for positions covered by this Act | 23 | | and for those exempt in
whole or in part.
| 24 | | (12) To prepare and publish a semi-annual statement showing | 25 | | the
number of employees exempt and non-exempt from merit | 26 | | selection in each
department. This report shall be in addition |
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| 1 | | to other information on
merit selection maintained for public | 2 | | information under existing law.
| 3 | | (13) To authorize in every department or agency subject to
| 4 | | Jurisdiction C the use of flexible hours positions. A flexible | 5 | | hours
position is one that does not require an ordinary work | 6 | | schedule as
determined by the Department and includes but is | 7 | | not limited to: 1) a
part time job of 20 hours or more per week, | 8 | | 2) a job which is shared by
2 employees or a compressed work | 9 | | week consisting of an ordinary number
of working hours | 10 | | performed on fewer than the number of days ordinarily
required | 11 | | to perform that job. The Department may define flexible time
to | 12 | | include other types of jobs that are defined above.
| 13 | | The Director and the director of each department or agency | 14 | | shall
together establish goals for flexible hours positions to | 15 | | be available in
every department or agency.
| 16 | | The Department shall give technical assistance to | 17 | | departments and
agencies in achieving their goals, and shall | 18 | | report to the Governor and
the General Assembly each year on | 19 | | the progress of each department and
agency.
| 20 | | When a goal of 10% of the positions in a department or | 21 | | agency being
available on a flexible hours basis has been | 22 | | reached, the Department
shall evaluate the effectiveness and | 23 | | efficiency of the program and
determine whether to expand the | 24 | | number of positions available for
flexible hours to 20%.
| 25 | | When a goal of 20% of the positions in a department or | 26 | | agency being
available on a flexible hours basis has been |
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| 1 | | reached, the Department
shall evaluate the effectiveness and | 2 | | efficiency of the program and
determine whether to expand the | 3 | | number of positions available for
flexible hours.
| 4 | | Each department shall develop a plan for implementation of | 5 | | flexible
work requirements designed to reduce the need for day | 6 | | care of employees'
children outside the home. Each department | 7 | | shall submit a report of its
plan to the Department of Central | 8 | | Management Services and the General
Assembly. This report shall | 9 | | be submitted biennially by March 1, with the
first report due | 10 | | March 1, 1993.
| 11 | | (14) To perform any other lawful acts which he may consider
| 12 | | necessary or desirable to carry out the purposes and provisions | 13 | | of this
law.
| 14 | | The requirement for reporting to the General Assembly shall | 15 | | be satisfied
by filing copies of the report with the Speaker, | 16 | | the Minority Leader and
the Clerk of the House of | 17 | | Representatives and the President, the Minority
Leader and the | 18 | | Secretary of the Senate and the Legislative Research
Unit, as | 19 | | required by Section 3.1 of "An Act to revise the law in | 20 | | relation
to the General Assembly", approved February 25, 1874, | 21 | | as amended, and
filing such additional copies with the State | 22 | | Government Report Distribution
Center for the General Assembly | 23 | | as is required under paragraph (t) of
Section 7 of the State | 24 | | Library Act.
| 25 | | (Source: P.A. 86-1004; 87-552; 87-1050.)
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| 1 | | (20 ILCS 605/605-345 rep.)
| 2 | | (20 ILCS 605/605-425 rep.) | 3 | | Section 15. The Department of Commerce and Economic | 4 | | Opportunity Law of the
Civil Administrative Code of Illinois is | 5 | | amended by repealing Sections 605-345 and 605-425. | 6 | | Section 20. The Energy Conservation and Coal Development | 7 | | Act is amended by changing Section 3 as follows:
| 8 | | (20 ILCS 1105/3) (from Ch. 96 1/2, par. 7403)
| 9 | | Sec. 3. Powers and Duties.
| 10 | | (a) In addition to its other powers, the Department has the | 11 | | following
powers:
| 12 | | (1) To administer for the State any energy programs and | 13 | | activities
under federal law, regulations or guidelines, | 14 | | and to coordinate such
programs and activities with other | 15 | | State agencies, units of local
government, and educational | 16 | | institutions.
| 17 | | (2) To represent the State in energy matters involving | 18 | | the federal
government, other states, units of local | 19 | | government, and regional
agencies.
| 20 | | (3) To prepare energy contingency plans for | 21 | | consideration by the
Governor and the General Assembly. | 22 | | Such plans shall include procedures
for determining when a | 23 | | foreseeable danger exists of energy shortages,
including | 24 | | shortages of petroleum, coal, nuclear power, natural gas, |
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| 1 | | and
other forms of energy, and shall specify the actions to | 2 | | be taken to
minimize hardship and maintain the general | 3 | | welfare during such energy
shortages.
| 4 | | (4) To cooperate with State colleges and universities | 5 | | and their
governing boards in energy programs and | 6 | | activities.
| 7 | | (5) (Blank).
| 8 | | (6) To accept, receive, expend, and administer, | 9 | | including by
contracts and grants to other State agencies, | 10 | | any energy-related gifts,
grants, cooperative agreement | 11 | | funds, and other funds made available to
the Department by | 12 | | the federal government and other public and private
| 13 | | sources.
| 14 | | (7) To investigate practical problems, seek and | 15 | | utilize financial
assistance, implement studies and | 16 | | conduct research relating to the
production, distribution | 17 | | and use of alcohol fuels.
| 18 | | (8) To serve as a clearinghouse for information on | 19 | | alcohol production
technology; provide assistance, | 20 | | information and data relating to the production
and use of | 21 | | alcohol; develop informational packets and brochures, and | 22 | | hold
public seminars to encourage the development and | 23 | | utilization of the best
available technology.
| 24 | | (9) To coordinate with other State agencies in order to | 25 | | promote the
maximum flow of information and to avoid | 26 | | unnecessary overlapping of alcohol
fuel programs. In order |
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| 1 | | to effectuate this goal, the Director of the
Department or | 2 | | his representative shall consult with the Directors, or | 3 | | their
representatives, of the Departments of Agriculture, | 4 | | Central Management
Services, Transportation, and Revenue, | 5 | | the
Office of the State Fire Marshal, and the Environmental | 6 | | Protection Agency.
| 7 | | (10) To operate, within the Department, an Office of | 8 | | Coal Development
and Marketing for the promotion and | 9 | | marketing of Illinois coal both
domestically and | 10 | | internationally. The Department may use monies | 11 | | appropriated
for this purpose for necessary administrative | 12 | | expenses.
| 13 | | The
Office of Coal Development and Marketing shall | 14 | | develop and implement an
initiative to assist the coal | 15 | | industry in Illinois to increase its share of the
| 16 | | international coal market.
| 17 | | (11) To assist the Department of Central Management | 18 | | Services in
establishing and maintaining a system to | 19 | | analyze and report energy
consumption of facilities leased | 20 | | by the Department of Central Management
Services.
| 21 | | (12) To consult with the Departments of Natural | 22 | | Resources and
Transportation and the Illinois | 23 | | Environmental
Protection Agency for the purpose of | 24 | | developing methods and standards that
encourage the | 25 | | utilization of coal combustion by-products as value added
| 26 | | products in productive and benign applications.
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| 1 | | (13) To provide technical assistance and information | 2 | | to
sellers and distributors of storage hot water heaters | 3 | | doing business in
Illinois, pursuant to Section 1 of the | 4 | | Hot Water Heater Efficiency Act.
| 5 | | (b) (Blank).
| 6 | | (c) (Blank).
| 7 | | (d) The Department shall develop a package of educational | 8 | | materials
containing information regarding the necessity of | 9 | | waste reduction and recycling to reduce
dependence on landfills | 10 | | and to maintain environmental quality. The
Department shall | 11 | | make this information available to the public on its website | 12 | | and for schools to access for their development of materials . | 13 | | Those materials developed shall be suitable for instructional | 14 | | use in grades 3, 4
and 5. The Department shall distribute such | 15 | | instructional material to all
public elementary and unit school | 16 | | districts and make the information available on the | 17 | | Department's website no later than November 1, of
each year.
| 18 | | (e) (Blank).
| 19 | | (f) (Blank).
| 20 | | (g) (Blank).
| 21 | | (h) (Blank).
| 22 | | (i) (Blank).
| 23 | | (Source: P.A. 98-44, eff. 6-28-13.)
| 24 | | (20 ILCS 1105/8 rep.)
| 25 | | Section 25. The Energy Conservation and Coal Development |
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| 1 | | Act is amended by repealing Section 8.
| 2 | | (20 ILCS 2310/2310-373 rep.)
| 3 | | (20 ILCS 2310/2310-396 rep.)
| 4 | | Section 35. The Department of Public Health Powers and | 5 | | Duties Law of the
Civil Administrative Code of Illinois is | 6 | | amended by repealing Sections 2310-373 and 2310-396.
| 7 | | (20 ILCS 2605/2605-420 rep.)
| 8 | | Section 40. The Department of State Police Law of the
Civil | 9 | | Administrative Code of Illinois is amended by repealing Section | 10 | | 2605-420. | 11 | | Section 45. The Governor's Office of Management and Budget | 12 | | Act is amended by changing Section 7.3 as follows: | 13 | | (20 ILCS 3005/7.3) | 14 | | Sec. 7.3. Annual economic and fiscal policy report. No | 15 | | later than the 3rd business day in By January 1 of each year, | 16 | | the Governor's Office of Management and Budget shall submit an | 17 | | economic and fiscal policy report to the General Assembly. The | 18 | | report must outline the long-term economic and fiscal policy | 19 | | objectives of the State, the economic and fiscal policy | 20 | | intentions for the upcoming fiscal year, and the economic and | 21 | | fiscal policy intentions for the following 2 fiscal years. The | 22 | | report must highlight the total level of revenue, expenditure, |
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| 1 | | deficit or surplus, and debt with respect to each of the | 2 | | reporting categories. The report must be posted on the Office's | 3 | | Internet website and allow members of the public to post | 4 | | comments concerning the report.
| 5 | | (Source: P.A. 96-1354, eff. 7-28-10.) | 6 | | Section 50. The Capital Spending Accountability Law is | 7 | | amended by changing Section 805 as follows: | 8 | | (20 ILCS 3020/805)
| 9 | | Sec. 805. Reports on capital spending. Not later than 45 | 10 | | days after On the first day of each quarterly period in each | 11 | | fiscal year, the Governor's Office of Management and Budget | 12 | | shall provide to the Comptroller, the Treasurer, the President | 13 | | and the Minority Leader of the Senate, and the Speaker and the | 14 | | Minority Leader of the House of Representatives a report on the | 15 | | status of all capital projects in the State. The report may | 16 | | must be provided in both written and electronic format. The | 17 | | report must include all of the following: | 18 | | (1) A brief description or stated purpose of each | 19 | | capital project where applicable (as referred to in this | 20 | | Section, "project"). | 21 | | (2) The amount and source of funds (whether from bond | 22 | | funds or other revenues) appropriated for each project, | 23 | | organized into categories including roads, mass transit, | 24 | | schools, environment, civic centers and other categories |
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| 1 | | as applicable (as referred to in this Section, "category or | 2 | | categories"), with subtotals for each category. | 3 | | (3) The date the appropriation bill relating to each | 4 | | project was signed by the Governor, organized into | 5 | | categories. | 6 | | (4) The date the written release of the Governor for | 7 | | each project was submitted to the Comptroller or is | 8 | | projected to be submitted and, if a release for any project | 9 | | has not been submitted within 6 months after its | 10 | | appropriation became law, an explanation why the project | 11 | | has not yet been released, all organized into categories. | 12 | | (5) The amount of expenditures to date by the State | 13 | | relating to each project and estimated amount of total | 14 | | State expenditures and proposed schedule of future State | 15 | | expenditures relating to each project, all organized into | 16 | | categories. | 17 | | (6) A timeline for completion of each project, | 18 | | including the dates, if applicable, of execution by the | 19 | | State of any grant agreement, any required engineering or | 20 | | design work or environmental approvals, and the estimated | 21 | | or actual dates of the start and completion of | 22 | | construction, all organized into categories. Any | 23 | | substantial variances on any project from this reported | 24 | | timeline must be explained in the next quarterly report. | 25 | | (7) A summary report of the status of all projects, | 26 | | including the amount of undisbursed funds intended to be |
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| 1 | | held or used in the next quarter.
| 2 | | (Source: P.A. 96-34, eff. 7-13-09.)
| 3 | | (30 ILCS 105/5.250 rep.)
| 4 | | Section 55. The State Finance Act is amended by repealing | 5 | | Section 5.250. | 6 | | Section 60. The General Obligation Bond Act is amended by | 7 | | changing Section 13 as follows:
| 8 | | (30 ILCS 330/13) (from Ch. 127, par. 663)
| 9 | | Sec. 13. Appropriation of Proceeds from Sale of Bonds.
| 10 | | (a) At all times, the proceeds from the sale of Bonds | 11 | | issued pursuant
to this Act are subject to appropriation by the | 12 | | General Assembly and,
except as provided in Section 7.2, may be | 13 | | obligated or expended only
with the written approval of the | 14 | | Governor, in such amounts, at such times,
and for such purposes | 15 | | as the respective
State agencies, as defined in Section 1-7 of | 16 | | the Illinois State Auditing
Act, as amended, deem necessary or | 17 | | desirable for the specific purposes
contemplated in Sections 2 | 18 | | through 8 of this Act.
| 19 | | (b) (Blank). Proceeds from the sale of Bonds for the | 20 | | purpose of development of
coal and alternative forms of energy | 21 | | shall be expended in such amounts and
at such times as the | 22 | | Department of Commerce and Economic Opportunity, with the
| 23 | | advice and recommendation of the Illinois Coal Development |
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| 1 | | Board for coal
development projects, may deem necessary and | 2 | | desirable for the specific
purpose contemplated by Section 7 of | 3 | | this Act. In considering the approval
of projects to be funded, | 4 | | the Department of Commerce and
Economic Opportunity shall give
| 5 | | special
consideration to projects designed to remove sulfur and | 6 | | other pollutants in
the preparation and utilization of coal, | 7 | | and in the use and operation of
electric utility generating | 8 | | plants and industrial facilities which utilize
Illinois coal as | 9 | | their primary source of fuel.
| 10 | | (c) Except as directed in subsection (c-1) or (c-2), any | 11 | | monies received by any officer or employee of the state
| 12 | | representing a reimbursement of expenditures previously paid | 13 | | from general
obligation bond proceeds shall be deposited into | 14 | | the General Obligation
Bond Retirement and Interest Fund | 15 | | authorized in Section 14 of this Act.
| 16 | | (c-1) Any money received by the Department of | 17 | | Transportation as reimbursement for expenditures for high | 18 | | speed rail purposes pursuant to appropriations from the | 19 | | Transportation Bond, Series B Fund for (i) CREATE (Chicago | 20 | | Region Environmental and Transportation Efficiency), (ii) High | 21 | | Speed Rail, or (iii) AMTRAK projects authorized by the federal | 22 | | government under the provisions of the American Recovery and | 23 | | Reinvestment Act of 2009 or the Safe Accountable Flexible | 24 | | Efficient Transportation Equity Act—A Legacy for Users | 25 | | (SAFETEA-LU), or any successor federal transportation | 26 | | authorization Act, shall be deposited into the Federal High |
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| 1 | | Speed Rail Trust Fund. | 2 | | (c-2) Any money received by the Department of | 3 | | Transportation as reimbursement for expenditures for transit | 4 | | capital purposes pursuant to appropriations from the | 5 | | Transportation Bond, Series B Fund for projects authorized by | 6 | | the federal government under the provisions of the American | 7 | | Recovery and Reinvestment Act of 2009 or the Safe Accountable | 8 | | Flexible Efficient Transportation Equity Act—A Legacy for | 9 | | Users (SAFETEA-LU), or any successor federal transportation | 10 | | authorization Act, shall be deposited into the Federal Mass | 11 | | Transit Trust Fund. | 12 | | (Source: P.A. 96-1488, eff. 12-30-10.)
| 13 | | (30 ILCS 720/Act rep.)
| 14 | | Section 65. The Industrial Development Assistance Law is | 15 | | repealed.
| 16 | | (30 ILCS 750/9-4.5 rep.)
| 17 | | Section 70. The Build Illinois Act is amended by repealing | 18 | | Section 9-4.5. | 19 | | Section 75. The Property Tax Code is amended by changing | 20 | | Sections 8-35, 17-20, and 17-40 as follows:
| 21 | | (35 ILCS 200/8-35)
| 22 | | Sec. 8-35. Notification requirements; procedure on |
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| 1 | | protest.
| 2 | | (a) Assessments made by the Department.
Upon completion of | 3 | | its original assessments, the Department shall publish a
| 4 | | complete list of the assessments on its official website. in | 5 | | the State "official newspaper." Any person
feeling aggrieved by | 6 | | any such assessment may, within 10 days of the date of
| 7 | | publication of the list, apply to the Department for a review | 8 | | and correction of
that assessment. Upon review of the | 9 | | assessment, the Department shall make any
correction as it | 10 | | considers just.
| 11 | | If review of an assessment has been made and notice has | 12 | | been given of the
Department's
decision,
any party to the | 13 | | proceeding who feels aggrieved by the decision, may file an
| 14 | | application for hearing. The application shall be in writing | 15 | | and shall be
filed with the Department within 20 days after | 16 | | notice of the decision has been
given by certified mail. | 17 | | Petitions for hearing shall state concisely the
mistakes | 18 | | alleged to have been made or the new evidence to be presented.
| 19 | | No action for the judicial review of any assessment
| 20 | | decision of the Department shall be allowed unless the party | 21 | | commencing
such action has filed an application for a hearing | 22 | | and the Department
has acted upon the application.
| 23 | | The extension of taxes on an assessment shall not be | 24 | | delayed by any
proceeding under this Section. In cases where | 25 | | the assessment is revised, the taxes extended upon the | 26 | | assessment, or that part
of the taxes as may be appropriate, |
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| 1 | | shall be abated or, if already paid,
refunded.
| 2 | | (b) Exemption decisions made by the Department. Notice of | 3 | | each exemption
decision made by the Department under Section | 4 | | 15-25, 16-70, or 16-130
shall be given by certified mail to the | 5 | | applicant for exemption.
| 6 | | If an exemption decision has been made by the Department | 7 | | and notice has been
given of the Department's decision, any | 8 | | party to the proceeding who feels
aggrieved by the decision may | 9 | | file an application for hearing. The application
shall be in | 10 | | writing and shall be filed with the Department within 60 days | 11 | | after
notice of the decision has been given by certified mail. | 12 | | Petitions for hearing
shall state concisely the mistakes | 13 | | alleged to have been made or the new
evidence to be presented.
| 14 | | If a petition for hearing is filed, the Department shall | 15 | | reconsider the
exemption decision and shall grant any party to | 16 | | the proceeding a hearing. As
soon as practical after the | 17 | | reconsideration and hearing, the Department
shall issue a | 18 | | notice of decision by mailing the notice by certified mail. The
| 19 | | notice shall set forth the Department's findings of fact and | 20 | | the basis of the
decision.
| 21 | | Within 30 days after the mailing of a notice of decision, | 22 | | any party to the
proceeding may file with the Director a | 23 | | written request for rehearing in such
form as the Department | 24 | | may by rule prescribe, setting forth the grounds on
which
| 25 | | rehearing is requested. If rehearing or Departmental review is | 26 | | granted, as
soon as practical after the rehearing or |
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| 1 | | Departmental review has been held,
the Department shall issue a | 2 | | revised decision to the party or the party's legal
| 3 | | representative as a result of the rehearing. The action of the | 4 | | Department on a
petition for hearing shall become final the | 5 | | later of (i) 30 days after issuance
of a notice of decision, if | 6 | | no request for rehearing is made, or (ii) if a
timely request | 7 | | for rehearing is made, upon the issuance of the denial of the
| 8 | | request or the issuance of a notice of final decision.
| 9 | | No action for the judicial review of any exemption decision | 10 | | of the Department
shall be allowed unless the party commencing | 11 | | the action has filed an
application for a hearing and the | 12 | | Department has acted upon the application.
| 13 | | The extension of taxes on an assessment shall not be | 14 | | delayed by any
proceeding under this Section. In cases when the | 15 | | exemption is granted, in
whole or in part, the taxes extended | 16 | | upon the assessment, or that part of the
taxes as may be | 17 | | appropriate, shall be abated or, if already paid, refunded.
| 18 | | (Source: P.A. 92-658, eff. 7-16-02.)
| 19 | | (35 ILCS 200/17-20)
| 20 | | Sec. 17-20. Hearing on tentative equalization factor. The | 21 | | Department
shall, after publishing its tentative equalization | 22 | | factor and giving notice
of hearing to the public on its | 23 | | official website in a newspaper of general circulation in the | 24 | | county ,
hold a hearing on its estimate not less than 10 days | 25 | | nor more than 30 days from
the date of the publication. The |
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| 1 | | notice shall state the date and time of the
hearing, which | 2 | | shall be held in either Chicago or Springfield, the basis for
| 3 | | the estimate of the Department, and further information as the | 4 | | Department may
prescribe. The Department shall, after giving a | 5 | | hearing to all interested
parties and opportunity for | 6 | | submitting testimony and evidence in support of or
adverse to | 7 | | the estimate as the Department considers requisite, either | 8 | | confirm
or revise the estimate so as to correctly represent the | 9 | | considered judgment of
the Department respecting the estimated | 10 | | percentage to be added to or deducted
from the aggregate | 11 | | assessment of all locally assessed property in the county
| 12 | | except property assessed under Sections 10-110 through 10-140 | 13 | | or 10-170 through
10-200. Within 30 days after the conclusion | 14 | | of the hearing the Department
shall mail to the County Clerk, | 15 | | by certified mail, its determination with
respect to such | 16 | | estimated percentage to be added to or deducted from the
| 17 | | aggregate assessment.
| 18 | | (Source: P.A. 91-555, eff. 1-1-00.)
| 19 | | (35 ILCS 200/17-40)
| 20 | | Sec. 17-40. Publication of final equalization factor. The | 21 | | Department
shall publish on its official website in each county | 22 | | the percentage and equalization factor certified
to each county | 23 | | clerk under Section 17-30. If the percentage differs from the
| 24 | | percentage derived from the initial estimate certified under | 25 | | Section 17-15, a
statement as to the basis for the final |
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| 1 | | percentage shall also be published.
The Department shall | 2 | | provide the statement to any member of the public upon
request.
| 3 | | (Source: P.A. 79-703; 88-455.)
| 4 | | Section 80. The Adult Education Reporting Act is amended by | 5 | | changing Section 1 as follows:
| 6 | | (105 ILCS 410/1) (from Ch. 122, par. 1851)
| 7 | | Sec. 1. As used in this Act, "agency" means: the | 8 | | Departments of
Corrections, Public Aid, Commerce and Economic | 9 | | Opportunity, Human Services, and
Public Health; the Secretary | 10 | | of State;
the Illinois Community College Board; and the | 11 | | Administrative Office of the
Illinois Courts.
On and after July | 12 | | 1, 2001, "agency" includes the State Board of
Education and | 13 | | does not include the Illinois Community College Board.
| 14 | | (Source: P.A. 94-793, eff. 5-19-06.)
| 15 | | Section 85. The Public Community College Act is amended by | 16 | | changing Section 2-10 as follows:
| 17 | | (110 ILCS 805/2-10) (from Ch. 122, par. 102-10)
| 18 | | Sec. 2-10.
The State Board shall make a thorough, | 19 | | comprehensive and continuous
study of the status of community | 20 | | college education, its problems, needs for
improvement, and | 21 | | projected developments and shall make a detailed report
thereof | 22 | | to the General Assembly not later than March 1 of each |
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| 1 | | odd-numbered
year and shall submit recommendations for such | 2 | | legislation as it deems
necessary.
| 3 | | The requirement for reporting to the General Assembly shall | 4 | | be satisfied
by electronically filing copies of the report with | 5 | | the Speaker, the Minority Leader and
the Clerk of the House of | 6 | | Representatives and the President, the Minority
Leader and the | 7 | | Secretary of the Senate and the Legislative Research
Unit, as | 8 | | required
by Section 3.1 of "An Act to revise the law in | 9 | | relation to the General Assembly",
approved February 25, 1874, | 10 | | as amended, and electronically filing such additional copies
| 11 | | with the State Government Report Distribution Center for the | 12 | | General Assembly
as is required under paragraph (t) of Section | 13 | | 7 of the State Library
Act. A copy of the report shall also be | 14 | | posted on the State Board's website.
| 15 | | (Source: P.A. 84-1438.)
| 16 | | (215 ILCS 5/178 rep.) | 17 | | Section 90. The Illinois Insurance Code is amended by | 18 | | repealing Section 178. | 19 | | (215 ILCS 5/Art. XVI rep.) | 20 | | (215 ILCS 5/Art. XIXB rep.) | 21 | | Section 95. The Illinois Insurance Code is amended by | 22 | | repealing Articles XVI and XIXB. | 23 | | (225 ILCS 120/24 rep.) |
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| 1 | | Section 100. The Wholesale Drug Distribution Licensing Act | 2 | | is amended by repealing Section 24. | 3 | | Section 105. The Solid Waste Site Operator Certification | 4 | | Law is amended by changing Section 1011 as follows:
| 5 | | (225 ILCS 230/1011) (from Ch. 111, par. 7861)
| 6 | | Sec. 1011. Fees.
| 7 | | (a) Fees for the issuance or renewal of a Solid
Waste Site | 8 | | Operator Certificate shall be as follows:
| 9 | | (1)(A) $400 for issuance or renewal for Class A Solid | 10 | | Waste Site
Operators; (B) $200 for issuance or renewal for | 11 | | Class B Solid Waste Site
Operators; and (C) $100 for | 12 | | issuance or renewal for special waste endorsements.
| 13 | | (2) If the fee for renewal is not paid within the grace | 14 | | period the
above fees for renewal shall each be increased | 15 | | by $50.
| 16 | | (b) Before the effective date of this amendatory Act of the | 17 | | 98th General Assembly, all All fees collected by the Agency | 18 | | under this Section shall be
deposited into the Hazardous Waste | 19 | | Occupational Licensing Fund. The Agency
is authorized to use | 20 | | monies in the Hazardous Waste Occupational Licensing Fund to | 21 | | perform its functions, powers,
and duties under this Section.
| 22 | | On and after the effective date of this amendatory Act of | 23 | | the 98th General Assembly, all fees collected by the Agency | 24 | | under this Section shall be deposited into the Environmental |
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| 1 | | Protection Permit and Inspection Fund to be used in accordance | 2 | | with the provisions of Section 22.8 of the Environmental | 3 | | Protection Act. | 4 | | (Source: P.A. 86-1363.)
| 5 | | Section 110. The Illinois Athlete Agents Act is amended by | 6 | | changing Section 180 as follows: | 7 | | (225 ILCS 401/180)
| 8 | | Sec. 180. Civil penalties.
| 9 | | (a) In addition to any other penalty provided by law, any | 10 | | person who violates this Act shall forfeit and pay a civil | 11 | | penalty to the Department in an amount not to exceed $10,000 | 12 | | for each violation as determined by the Department. The civil | 13 | | penalty shall be assessed by the Department in accordance with | 14 | | the provisions of this Act.
| 15 | | (b) The Department has the authority and power to | 16 | | investigate any and all unlicensed activity.
| 17 | | (c) The civil penalty shall be paid within 60 days after | 18 | | the effective date of the order imposing the civil penalty. The | 19 | | order shall constitute a judgment and may be filed and | 20 | | execution had thereon in the same manner as any judgment from | 21 | | any court of record.
| 22 | | (d) All moneys collected under this Section shall be | 23 | | deposited into the General Professions Dedicated Fund.
| 24 | | (Source: P.A. 96-1030, eff. 1-1-11.) |
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| 1 | | Section 115. The Illinois Horse Racing Act of 1975 is | 2 | | amended by changing Section 30 as follows:
| 3 | | (230 ILCS 5/30) (from Ch. 8, par. 37-30)
| 4 | | Sec. 30.
(a) The General Assembly declares that it is the | 5 | | policy of
this State to encourage the breeding of thoroughbred | 6 | | horses in this
State and the ownership of such horses by | 7 | | residents of this State in
order to provide for: sufficient | 8 | | numbers of high quality thoroughbred
horses to participate in | 9 | | thoroughbred racing meetings in this State,
and to establish | 10 | | and preserve the agricultural and commercial benefits
of such | 11 | | breeding and racing industries to the State of Illinois. It is
| 12 | | the intent of the General Assembly to further this policy by | 13 | | the
provisions of this Act.
| 14 | | (b) Each organization licensee conducting a thoroughbred
| 15 | | racing meeting
pursuant to this Act shall provide at least two | 16 | | races each day limited
to Illinois conceived and foaled horses | 17 | | or Illinois foaled horses or
both. A minimum of 6 races shall | 18 | | be conducted each week limited to
Illinois conceived and foaled | 19 | | or Illinois foaled horses or both. No
horses shall be permitted | 20 | | to start in such races unless duly registered
under the rules | 21 | | of the Department of Agriculture.
| 22 | | (c) Conditions of races under subsection (b) shall be
| 23 | | commensurate
with past performance, quality, and class of | 24 | | Illinois conceived and foaled
and Illinois foaled horses
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| 1 | | available. If, however, sufficient competition cannot be had | 2 | | among
horses of that class on any day, the races may, with | 3 | | consent of the
Board, be eliminated for that day and substitute | 4 | | races provided.
| 5 | | (d) There is hereby created a special fund of the State | 6 | | Treasury to
be known as the Illinois Thoroughbred Breeders | 7 | | Fund.
| 8 | | Except as provided in subsection (g) of Section 27 of this | 9 | | Act, 8.5% of all
the monies received by the State as
privilege | 10 | | taxes on Thoroughbred racing meetings shall be paid into the | 11 | | Illinois
Thoroughbred Breeders Fund.
| 12 | | (e) The Illinois Thoroughbred Breeders Fund shall be | 13 | | administered by
the Department of Agriculture
with the advice | 14 | | and assistance of the
Advisory Board created in subsection (f) | 15 | | of this Section.
| 16 | | (f) The Illinois Thoroughbred Breeders Fund Advisory Board | 17 | | shall
consist of the Director of the Department of Agriculture, | 18 | | who shall
serve as Chairman; a member of the Illinois Racing | 19 | | Board, designated by
it; 2 representatives of the organization | 20 | | licensees
conducting thoroughbred
racing meetings, recommended | 21 | | by them; 2 representatives of the Illinois
Thoroughbred | 22 | | Breeders and Owners Foundation, recommended by it; and 2
| 23 | | representatives of the Horsemen's Benevolent Protective | 24 | | Association or any
successor organization established in | 25 | | Illinois comprised of the largest number
of owners and | 26 | | trainers,
recommended
by it, with one representative of the |
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| 1 | | Horsemen's Benevolent and Protective
Association to come from | 2 | | its Illinois Division, and one from its Chicago
Division. | 3 | | Advisory Board members shall serve for 2 years commencing | 4 | | January 1
of
each odd numbered year. If representatives of the | 5 | | organization licensees
conducting thoroughbred racing | 6 | | meetings, the Illinois Thoroughbred Breeders and
Owners | 7 | | Foundation, and the Horsemen's Benevolent Protection | 8 | | Association have
not been recommended by January 1, of each odd | 9 | | numbered year, the Director of
the Department of Agriculture | 10 | | shall make an appointment for the organization
failing to so | 11 | | recommend a member of the Advisory Board. Advisory Board | 12 | | members
shall receive no compensation for their services as | 13 | | members but shall be
reimbursed for all actual and necessary | 14 | | expenses and disbursements incurred in
the execution of their | 15 | | official duties.
| 16 | | (g) No monies shall be expended from the Illinois | 17 | | Thoroughbred
Breeders Fund except as appropriated by the | 18 | | General Assembly. Monies
appropriated from the Illinois | 19 | | Thoroughbred Breeders Fund shall be
expended by the Department | 20 | | of Agriculture,
with the advice and
assistance of the Illinois | 21 | | Thoroughbred Breeders Fund Advisory Board,
for the following | 22 | | purposes only:
| 23 | | (1) To provide purse supplements to owners of horses | 24 | | participating
in races limited to Illinois conceived and | 25 | | foaled and Illinois foaled
horses. Any such purse | 26 | | supplements shall not be included in and shall
be paid in |
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| 1 | | addition to any purses, stakes, or breeders' awards offered
| 2 | | by each organization licensee as determined by agreement | 3 | | between such
organization licensee and an organization | 4 | | representing the horsemen. No
monies from the Illinois | 5 | | Thoroughbred Breeders Fund shall be used to provide
purse | 6 | | supplements for claiming races in which the minimum | 7 | | claiming price is
less than $7,500.
| 8 | | (2) To provide stakes and awards to be paid to the | 9 | | owners of the
winning horses in certain races limited to | 10 | | Illinois conceived and foaled
and Illinois foaled horses | 11 | | designated as stakes races.
| 12 | | (2.5) To provide an award to the owner or owners of an | 13 | | Illinois
conceived and foaled or Illinois foaled horse that | 14 | | wins a
maiden special weight, an allowance, overnight | 15 | | handicap race, or
claiming race with claiming price of | 16 | | $10,000 or more providing the race
is not restricted
to | 17 | | Illinois conceived and foaled or Illinois foaled horses.
| 18 | | Awards shall
also be provided to the owner or owners of | 19 | | Illinois conceived and foaled and
Illinois foaled horses | 20 | | that place second or third in those races. To the
extent
| 21 | | that additional moneys are required to pay the minimum | 22 | | additional awards of 40%
of the purse the horse earns for | 23 | | placing first, second or third in those races
for Illinois | 24 | | foaled horses and of 60% of the purse the horse earns for | 25 | | placing
first, second or third in those races for Illinois
| 26 | | conceived and foaled horses, those moneys shall be provided |
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| 1 | | from the purse
account at the track where earned.
| 2 | | (3) To provide stallion awards to the owner or owners | 3 | | of any
stallion that is duly registered with the Illinois | 4 | | Thoroughbred Breeders
Fund Program prior to the effective | 5 | | date of this amendatory Act of 1995 whose
duly registered | 6 | | Illinois conceived and foaled offspring wins a race | 7 | | conducted
at an Illinois
thoroughbred racing meeting other | 8 | | than a claiming race. Such
award
shall not be paid to the | 9 | | owner or owners of an Illinois stallion that served
outside | 10 | | this State at any time during the calendar year in which | 11 | | such race was
conducted.
| 12 | | (4) To provide $75,000 annually for purses to be
| 13 | | distributed to
county fairs that provide for the running of | 14 | | races during each county
fair exclusively for the | 15 | | thoroughbreds conceived and foaled in
Illinois. The | 16 | | conditions of the races shall be developed by the county
| 17 | | fair association and reviewed by the Department with the | 18 | | advice and
assistance of
the Illinois Thoroughbred | 19 | | Breeders Fund Advisory Board. There shall be no
wagering of | 20 | | any kind on the running
of
Illinois conceived and foaled | 21 | | races at county fairs.
| 22 | | (4.1) To provide purse money for an Illinois stallion | 23 | | stakes program.
| 24 | | (5) No less than 80% of all monies appropriated from | 25 | | the Illinois
Thoroughbred Breeders Fund shall be expended | 26 | | for the purposes in (1), (2),
(2.5), (3), (4), (4.1), and |
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| 1 | | (5) as shown above.
| 2 | | (6) To provide for educational programs regarding the | 3 | | thoroughbred
breeding industry.
| 4 | | (7) To provide for research programs concerning the | 5 | | health,
development and care of the thoroughbred horse.
| 6 | | (8) To provide for a scholarship and training program | 7 | | for students
of equine veterinary medicine.
| 8 | | (9) To provide for dissemination of public information | 9 | | designed to
promote the breeding of thoroughbred horses in | 10 | | Illinois.
| 11 | | (10) To provide for all expenses incurred in the | 12 | | administration of
the Illinois Thoroughbred Breeders Fund.
| 13 | | (h) Whenever the Governor finds that the amount in the | 14 | | Illinois
Thoroughbred Breeders Fund is more than the total of | 15 | | the outstanding
appropriations from such fund, the Governor | 16 | | shall notify the State
Comptroller and the State Treasurer of | 17 | | such fact. The Comptroller and
the State Treasurer, upon | 18 | | receipt of such notification, shall transfer
such excess amount | 19 | | from the Illinois Thoroughbred Breeders Fund to the
General | 20 | | Revenue Fund.
| 21 | | (i) A sum equal to 12 1/2% of the first prize money of | 22 | | every purse
won by an Illinois foaled or an Illinois conceived | 23 | | and foaled horse in
races not limited to Illinois foaled horses | 24 | | or Illinois conceived and
foaled horses, or both, shall be paid | 25 | | by the organization licensee
conducting the horse race meeting. | 26 | | Such sum shall be paid from the organization
licensee's share |
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| 1 | | of the money wagered as follows: 11 1/2% to the breeder of
the | 2 | | winning horse and 1% to the organization representing | 3 | | thoroughbred breeders
and owners whose representative serves | 4 | | on the Illinois Thoroughbred Breeders
Fund Advisory Board for | 5 | | verifying the amounts of breeders' awards earned,
assuring | 6 | | their distribution in accordance with this Act, and servicing | 7 | | and
promoting the Illinois thoroughbred horse racing industry. | 8 | | The
organization representing thoroughbred breeders and owners | 9 | | shall cause all
expenditures of monies received under this | 10 | | subsection (i) to be audited
at least annually by a registered | 11 | | public accountant. The organization
shall file copies of each | 12 | | annual audit with the Racing Board, the Clerk of
the House of | 13 | | Representatives and the Secretary of the Senate, and shall
make | 14 | | copies of each annual audit available to the public upon | 15 | | request
and upon payment of the reasonable cost of photocopying | 16 | | the requested
number of copies. Such payments shall not reduce | 17 | | any award to the owner of the
horse or reduce the taxes payable | 18 | | under this Act. Upon completion of its
racing meet, each | 19 | | organization licensee shall deliver to the organization
| 20 | | representing thoroughbred breeders and owners whose | 21 | | representative serves on
the Illinois Thoroughbred Breeders | 22 | | Fund Advisory Board a listing of all the
Illinois foaled and | 23 | | the Illinois conceived and foaled horses which won
breeders' | 24 | | awards and the amount of such breeders' awards under this | 25 | | subsection
to verify accuracy of payments and assure proper | 26 | | distribution of breeders'
awards in accordance with the |
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| 1 | | provisions of this Act. Such payments shall be
delivered by the | 2 | | organization licensee within 30 days of the end of each race
| 3 | | meeting.
| 4 | | (j) A sum equal to 12 1/2% of the first prize money won in | 5 | | each race
limited to Illinois foaled horses or Illinois | 6 | | conceived and foaled
horses, or both, shall be paid in the | 7 | | following manner by the
organization licensee conducting the | 8 | | horse race meeting, from the
organization licensee's share of | 9 | | the money wagered: 11 1/2% to the breeders of
the horses in | 10 | | each such race which are the official first, second, third
and | 11 | | fourth finishers and 1% to the organization representing | 12 | | thoroughbred
breeders and owners whose representative serves | 13 | | on the Illinois Thoroughbred
Breeders Fund Advisory Board for | 14 | | verifying the amounts of breeders' awards
earned, assuring | 15 | | their proper distribution in accordance with this Act, and
| 16 | | servicing and promoting the Illinois thoroughbred horse racing | 17 | | industry. The
organization representing thoroughbred breeders | 18 | | and owners shall cause all
expenditures of monies received | 19 | | under this subsection (j) to be audited
at least annually by a | 20 | | registered public accountant. The organization
shall file | 21 | | copies of each annual audit with the Racing Board, the Clerk of
| 22 | | the House of Representatives and the Secretary of the Senate, | 23 | | and shall
make copies of each annual audit available to the | 24 | | public upon request
and upon payment of the reasonable cost of | 25 | | photocopying the requested
number of copies.
| 26 | | The 11 1/2% paid to the breeders in accordance with this |
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| 1 | | subsection
shall be distributed as follows:
| 2 | | (1) 60% of such sum shall be paid to the breeder of the | 3 | | horse which
finishes in the official first position;
| 4 | | (2) 20% of such sum shall be paid to the breeder of the | 5 | | horse which
finishes in the official second position;
| 6 | | (3) 15% of such sum shall be paid to the breeder of the | 7 | | horse which
finishes in the official third position; and
| 8 | | (4) 5% of such sum shall be paid to the breeder of the | 9 | | horse which
finishes in the official fourth position.
| 10 | | Such payments shall not reduce any award to the owners of a | 11 | | horse or
reduce the taxes payable under this Act. Upon | 12 | | completion of its racing meet,
each organization licensee shall | 13 | | deliver to the organization representing
thoroughbred breeders | 14 | | and owners whose representative serves on the Illinois
| 15 | | Thoroughbred Breeders Fund Advisory Board a listing of all the | 16 | | Illinois foaled
and the Illinois conceived and foaled horses | 17 | | which won breeders' awards and the
amount of such breeders' | 18 | | awards in accordance with the provisions of this Act.
Such | 19 | | payments shall be delivered by the organization licensee within | 20 | | 30 days of
the end of each race meeting.
| 21 | | (k) The term "breeder", as used herein, means the owner of | 22 | | the mare at
the time the foal is dropped. An "Illinois foaled | 23 | | horse" is a foal
dropped by a mare which enters this State on | 24 | | or before December 1, in the
year in which the horse is bred,
| 25 | | provided the mare remains continuously in this State until its | 26 | | foal is born. An
"Illinois
foaled
horse" also means a foal born |
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| 1 | | of a mare in the same year
as the
mare enters this State on or | 2 | | before March 1,
and remains in this State at
least 30
days | 3 | | after foaling, is bred back during the season of the foaling to
| 4 | | an
Illinois Registered Stallion (unless a veterinarian | 5 | | certifies that the mare
should not be bred for health reasons), | 6 | | and is not bred to a stallion
standing in any other state | 7 | | during the season of foaling. An "Illinois
foaled horse" also | 8 | | means a foal born in Illinois of a mare purchased at public
| 9 | | auction
subsequent to the mare entering this State prior to | 10 | | February 1 of the foaling
year providing the mare is owned | 11 | | solely by one or more Illinois residents or an
Illinois
entity | 12 | | that is entirely owned by one or more Illinois residents.
| 13 | | (l) The Department of Agriculture shall, by rule, with the | 14 | | advice
and assistance of the Illinois Thoroughbred Breeders | 15 | | Fund Advisory
Board:
| 16 | | (1) Qualify stallions for Illinois breeding; such | 17 | | stallions to stand for
service within the State of Illinois | 18 | | at the time of a foal's conception. Such
stallion must not | 19 | | stand for service at any place outside the State of | 20 | | Illinois
during the calendar year in which the foal is | 21 | | conceived.
The Department of Agriculture may assess and | 22 | | collect application fees for the
registration of | 23 | | Illinois-eligible stallions. All fees collected are to be | 24 | | paid
into the Illinois Thoroughbred Breeders Fund.
| 25 | | (2) Provide for the registration of Illinois conceived | 26 | | and foaled
horses and Illinois foaled horses. No such horse |
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| 1 | | shall compete in
the races limited to Illinois conceived | 2 | | and foaled horses or Illinois
foaled horses or both unless | 3 | | registered with the Department of
Agriculture. The | 4 | | Department of Agriculture may prescribe such forms as
are | 5 | | necessary to determine the eligibility of such horses. The | 6 | | Department of
Agriculture may assess and collect | 7 | | application fees for the registration of
Illinois-eligible | 8 | | foals. All fees collected are to be paid into the Illinois
| 9 | | Thoroughbred Breeders Fund. No person
shall knowingly | 10 | | prepare or cause preparation of an application for
| 11 | | registration of such foals containing false information.
| 12 | | (m) The Department of Agriculture, with the advice and | 13 | | assistance of
the Illinois Thoroughbred Breeders Fund Advisory | 14 | | Board, shall provide that certain races
limited to Illinois | 15 | | conceived and foaled and Illinois foaled horses be
stakes races | 16 | | and determine the total amount of stakes and awards to be paid
| 17 | | to the owners of the winning horses in such races.
| 18 | | In determining the stakes races and the amount of awards | 19 | | for such races,
the Department of Agriculture shall consider | 20 | | factors, including but not
limited to, the amount of money | 21 | | appropriated for the Illinois Thoroughbred
Breeders Fund | 22 | | program, organization licensees' contributions,
availability | 23 | | of stakes caliber horses as demonstrated by past performances,
| 24 | | whether the race can be coordinated into the proposed racing | 25 | | dates within
organization licensees' racing dates, opportunity | 26 | | for
colts and fillies
and various age groups to race, public |
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| 1 | | wagering on such races, and the
previous racing schedule.
| 2 | | (n) The Board and the organizational licensee shall
notify | 3 | | the Department of the conditions and minimum purses for races
| 4 | | limited to Illinois conceived and foaled and Illinois foaled | 5 | | horses
conducted for each organizational licensee conducting a | 6 | | thoroughbred racing
meeting. The Department of Agriculture | 7 | | with the advice and assistance of
the Illinois Thoroughbred | 8 | | Breeders Fund Advisory Board may allocate monies
for purse | 9 | | supplements for such races. In determining whether to allocate
| 10 | | money and the amount, the Department of Agriculture shall | 11 | | consider factors,
including but not limited to, the amount of | 12 | | money appropriated for the
Illinois Thoroughbred Breeders Fund | 13 | | program, the number of races that may
occur, and the | 14 | | organizational licensee's purse structure.
| 15 | | (o) (Blank). In order to improve the breeding quality of | 16 | | thoroughbred horses in the
State, the General Assembly | 17 | | recognizes that existing provisions of this Section
to | 18 | | encourage such quality breeding need to be revised and | 19 | | strengthened. As
such, a Thoroughbred Breeder's Program Task | 20 | | Force is to be appointed by the
Governor by September 1, 1999 | 21 | | to make recommendations to the General Assembly
by
no later | 22 | | than March 1, 2000.
This task force is to be composed of 2 | 23 | | representatives from the Illinois
Thoroughbred Breeders and | 24 | | Owners Foundation, 2 from the Illinois Thoroughbred
Horsemen's | 25 | | Association, 3 from Illinois race tracks operating | 26 | | thoroughbred
race meets for an average of at least 30 days in |
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| 1 | | the past 3 years, the Director
of Agriculture, the Executive | 2 | | Director of the Racing Board, who shall serve as
Chairman.
| 3 | | (Source: P.A. 91-40, eff. 6-25-99.)
| 4 | | Section 120. The Liquor Control Act of 1934 is amended by | 5 | | changing Section 6-15 as follows:
| 6 | | (235 ILCS 5/6-15) (from Ch. 43, par. 130)
| 7 | | Sec. 6-15. No alcoholic liquors shall be sold or delivered | 8 | | in any
building belonging to or under the control of the State | 9 | | or any political
subdivision thereof except as provided in this | 10 | | Act. The corporate
authorities of any city, village, | 11 | | incorporated town, township, or county may provide by
| 12 | | ordinance, however, that alcoholic liquor may be sold or | 13 | | delivered in any
specifically designated building belonging to | 14 | | or under the control of the
municipality, township, or county, | 15 | | or in any building located on land under the
control of the | 16 | | municipality, township, or county; provided that such township | 17 | | or county complies with all
applicable local ordinances in any | 18 | | incorporated area of the township or county.
Alcoholic liquor | 19 | | may be delivered to and sold under the authority of a special | 20 | | use permit on any property owned by a conservation district | 21 | | organized under the Conservation District Act, provided that | 22 | | (i) the alcoholic liquor is sold only at an event authorized by | 23 | | the governing board of the conservation district, (ii) the | 24 | | issuance of the special use permit is authorized by the local |
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| 1 | | liquor control commissioner of the territory in which the | 2 | | property is located, and (iii) the special use permit | 3 | | authorizes the sale of alcoholic liquor for one day or less. | 4 | | Alcoholic liquors may be delivered to and sold at any airport | 5 | | belonging to
or under the control of a municipality of more | 6 | | than 25,000 inhabitants, or
in any building or on any golf | 7 | | course owned by a park district organized under
the Park | 8 | | District
Code, subject to the approval of the governing board | 9 | | of the district, or
in any building or on any golf course owned | 10 | | by a forest preserve district
organized under the Downstate | 11 | | Forest Preserve District Act, subject to the
approval of the | 12 | | governing board of the district, or on the grounds
within 500 | 13 | | feet of any building owned by a forest preserve district
| 14 | | organized under the Downstate Forest Preserve District Act | 15 | | during
times when food is dispensed for consumption within
500 | 16 | | feet of the building from which the food is dispensed,
subject | 17 | | to the
approval of the
governing board of the district, or in a | 18 | | building owned by a Local Mass
Transit District organized under | 19 | | the Local Mass Transit District Act, subject
to the approval of | 20 | | the governing Board of the District, or in Bicentennial
Park, | 21 | | or
on the premises of the City of Mendota Lake Park
located | 22 | | adjacent to Route 51 in Mendota, Illinois, or on the premises | 23 | | of
Camden Park in Milan, Illinois, or in the community center | 24 | | owned by the
City of Loves Park that is located at 1000 River | 25 | | Park Drive in Loves Park,
Illinois, or, in connection with the | 26 | | operation of an established food
serving facility during times |
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| 1 | | when food is dispensed for consumption on the
premises, and at | 2 | | the following aquarium and museums located in public
parks: Art | 3 | | Institute of Chicago, Chicago Academy of Sciences, Chicago
| 4 | | Historical Society, Field Museum of Natural History, Museum of | 5 | | Science and
Industry, DuSable Museum of African American | 6 | | History, John G. Shedd
Aquarium and Adler Planetarium, or at | 7 | | Lakeview Museum of Arts and Sciences
in Peoria, or in | 8 | | connection with the operation of the facilities of the
Chicago | 9 | | Zoological Society or the Chicago Horticultural Society on land
| 10 | | owned by the Forest Preserve District of Cook County,
or on any | 11 | | land used for a golf course or for recreational purposes
owned | 12 | | by the Forest Preserve District of Cook County, subject to the | 13 | | control
of the Forest Preserve District Board of Commissioners | 14 | | and applicable local
law, provided that dram shop liability | 15 | | insurance is provided at
maximum coverage limits so as to hold | 16 | | the
District harmless from all financial loss, damage, and | 17 | | harm,
or in any building
located on land owned by the Chicago | 18 | | Park District if approved by the Park
District Commissioners, | 19 | | or on any land used for a golf course or for
recreational | 20 | | purposes and owned by the Illinois International Port District | 21 | | if
approved by the District's governing board, or at any | 22 | | airport, golf course,
faculty center, or
facility in which | 23 | | conference and convention type activities take place
belonging | 24 | | to or under control of any State university or public community
| 25 | | college district, provided that with respect to a facility for | 26 | | conference
and convention type activities alcoholic liquors |
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| 1 | | shall be limited to the
use of the convention or conference | 2 | | participants or participants
in cultural, political or | 3 | | educational activities held in such facilities,
and provided | 4 | | further that the faculty or staff of the State university or
a | 5 | | public community college district, or members of an | 6 | | organization of
students, alumni, faculty or staff of the State | 7 | | university or a public
community college district are active | 8 | | participants in the conference
or convention, or in Memorial | 9 | | Stadium on the campus of the University of
Illinois at | 10 | | Urbana-Champaign during games in which the
Chicago Bears | 11 | | professional football team is playing in that stadium during | 12 | | the
renovation of Soldier Field, not more than one and a half | 13 | | hours before the
start of the game and not after the end of the | 14 | | third quarter of the game,
or in the Pavilion Facility on the | 15 | | campus of the University of Illinois at Chicago during games in | 16 | | which the Chicago Storm professional soccer team is playing in | 17 | | that facility, not more than one and a half hours before the | 18 | | start of the game and not after the end of the third quarter of | 19 | | the game, or in the Pavilion Facility on the campus of the | 20 | | University of Illinois at Chicago during games in which the | 21 | | WNBA professional women's basketball team is playing in that | 22 | | facility, not more than one and a half hours before the start | 23 | | of the game and not after the 10-minute mark of the second half | 24 | | of the game, or by a catering establishment which has rented | 25 | | facilities
from a board of trustees of a public community | 26 | | college district, or in a restaurant that is operated by a |
| | | SB3443 | - 47 - | LRB098 15945 HLH 55564 b |
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| 1 | | commercial tenant in the North Campus Parking Deck building | 2 | | that (1) is located at 1201 West University Avenue, Urbana, | 3 | | Illinois and (2) is owned by the Board of Trustees of the | 4 | | University of Illinois, or, if
approved by the District board, | 5 | | on land owned by the Metropolitan Sanitary
District of Greater | 6 | | Chicago and leased to others for a term of at least
20 years. | 7 | | Nothing in this Section precludes the sale or delivery of
| 8 | | alcoholic liquor in the form of original packaged goods in | 9 | | premises located
at 500 S. Racine in Chicago belonging to the | 10 | | University of Illinois and
used primarily as a grocery store by | 11 | | a commercial tenant during the term of
a lease that predates | 12 | | the University's acquisition of the premises; but the
| 13 | | University shall have no power or authority to renew, transfer, | 14 | | or extend
the lease with terms allowing the sale of alcoholic | 15 | | liquor; and the sale of
alcoholic liquor shall be subject to | 16 | | all local laws and regulations.
After the acquisition by | 17 | | Winnebago County of the property located at 404
Elm Street in | 18 | | Rockford, a commercial tenant who sold alcoholic liquor at
| 19 | | retail on a portion of the property under a valid license at | 20 | | the time of
the acquisition may continue to do so for so long | 21 | | as the tenant and the
County may agree under existing or future | 22 | | leases, subject to all local laws
and regulations regarding the | 23 | | sale of alcoholic liquor. Alcoholic liquors may be delivered to | 24 | | and sold at Memorial Hall, located at 211 North Main Street, | 25 | | Rockford, under conditions approved by Winnebago County and | 26 | | subject to all local laws and regulations regarding the sale of |
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| 1 | | alcoholic liquor. Each
facility shall provide dram shop | 2 | | liability in maximum insurance coverage
limits so as to save | 3 | | harmless the State, municipality, State university,
airport, | 4 | | golf course, faculty center, facility in which conference and
| 5 | | convention type activities take place, park district, Forest | 6 | | Preserve
District, public community college district, | 7 | | aquarium, museum, or sanitary
district from all financial loss, | 8 | | damage or harm. Alcoholic liquors may be
sold at retail in | 9 | | buildings of golf courses owned by municipalities or Illinois | 10 | | State University in
connection with the operation of an | 11 | | established food serving facility
during times when food is | 12 | | dispensed for consumption upon the premises.
Alcoholic liquors | 13 | | may be delivered to and sold at retail in any building
owned by | 14 | | a fire protection district organized under the Fire Protection
| 15 | | District Act, provided that such delivery and sale is approved | 16 | | by the board
of trustees of the district, and provided further | 17 | | that such delivery and
sale is limited to fundraising events | 18 | | and to a maximum of 6 events per year. However, the limitation | 19 | | to fundraising events and to a maximum of 6 events per year | 20 | | does not apply to the delivery, sale, or manufacture of | 21 | | alcoholic liquors at the building located at 59 Main Street in | 22 | | Oswego, Illinois, owned by the Oswego Fire Protection District | 23 | | if the alcoholic liquor is sold or dispensed as approved by the | 24 | | Oswego Fire Protection District and the property is no longer | 25 | | being utilized for fire protection purposes.
| 26 | | Alcoholic liquors may be served or sold in buildings under |
| | | SB3443 | - 49 - | LRB098 15945 HLH 55564 b |
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| 1 | | the control of the Board of Trustees of the University of | 2 | | Illinois for events that the Board may determine are public | 3 | | events and not related student activities. The Board of | 4 | | Trustees shall issue a written policy within 6 months of the | 5 | | effective date of this amendatory Act of the 95th General | 6 | | Assembly concerning the types of events that would be eligible | 7 | | for an exemption. Thereafter, the Board of Trustees may issue | 8 | | revised, updated, new, or amended policies as it deems | 9 | | necessary and appropriate. In preparing its written policy, the | 10 | | Board of Trustees shall, among other factors it considers | 11 | | relevant and important, give consideration to the following: | 12 | | (i) whether the event is a student activity or student related | 13 | | activity; (ii) whether the physical setting of the event is | 14 | | conducive to control of liquor sales and distribution; (iii) | 15 | | the ability of the event operator to ensure that the sale or | 16 | | serving of alcoholic liquors and the demeanor of the | 17 | | participants are in accordance with State law and University | 18 | | policies; (iv) regarding the anticipated attendees at the | 19 | | event, the relative proportion of individuals under the age of | 20 | | 21 to individuals age 21 or older; (v) the ability of the venue | 21 | | operator to prevent the sale or distribution of alcoholic | 22 | | liquors to individuals under the age of 21; (vi) whether the | 23 | | event prohibits participants from removing alcoholic beverages | 24 | | from the venue; and (vii) whether the event prohibits | 25 | | participants from providing their own alcoholic liquors to the | 26 | | venue. In addition, any policy submitted by the Board of |
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| 1 | | Trustees to the Illinois Liquor Control Commission must require | 2 | | that any event at which alcoholic liquors are served or sold in | 3 | | buildings under the control of the Board of Trustees shall | 4 | | require the prior written approval of the Office of the | 5 | | Chancellor for the University campus where the event is | 6 | | located. The Board of Trustees shall submit its policy, and any | 7 | | subsequently revised, updated, new, or amended policies, to the | 8 | | Illinois Liquor Control Commission, and any University event, | 9 | | or location for an event, exempted under such policies shall | 10 | | apply for a license under the applicable Sections of this Act. | 11 | | Alcoholic liquors may be served or sold in buildings under
| 12 | | the control of the Board of Trustees of Northern Illinois | 13 | | University
for events that the Board may determine are public
| 14 | | events and not student-related activities. The Board of
| 15 | | Trustees shall issue a written policy within 6 months after | 16 | | June 28, 2011 (the
effective date of Public Act 97-45) | 17 | | concerning the types of events that would be eligible
for an | 18 | | exemption. Thereafter, the Board of Trustees may issue
revised, | 19 | | updated, new, or amended policies as it deems
necessary and | 20 | | appropriate. In preparing its written policy, the
Board of | 21 | | Trustees shall, in addition to other factors it considers
| 22 | | relevant and important, give consideration to the following:
| 23 | | (i) whether the event is a student activity or student-related
| 24 | | activity; (ii) whether the physical setting of the event is
| 25 | | conducive to control of liquor sales and distribution; (iii)
| 26 | | the ability of the event operator to ensure that the sale or
|
| | | SB3443 | - 51 - | LRB098 15945 HLH 55564 b |
|
| 1 | | serving of alcoholic liquors and the demeanor of the
| 2 | | participants are in accordance with State law and University
| 3 | | policies; (iv) the anticipated attendees at the
event and the | 4 | | relative proportion of individuals under the age of
21 to | 5 | | individuals age 21 or older; (v) the ability of the venue
| 6 | | operator to prevent the sale or distribution of alcoholic
| 7 | | liquors to individuals under the age of 21; (vi) whether the
| 8 | | event prohibits participants from removing alcoholic beverages
| 9 | | from the venue; and (vii) whether the event prohibits
| 10 | | participants from providing their own alcoholic liquors to the
| 11 | | venue. | 12 | | Alcoholic liquors may be served or sold in buildings under | 13 | | the control of the Board of Trustees of Chicago State | 14 | | University for events that the Board may determine are public | 15 | | events and not student-related activities. The Board of | 16 | | Trustees shall issue a written policy within 6 months after | 17 | | August 2, 2013 ( the effective date of Public Act 98-132) this | 18 | | amendatory Act of the 98th General Assembly concerning the | 19 | | types of events that would be eligible for an exemption. | 20 | | Thereafter, the Board of Trustees may issue revised, updated, | 21 | | new, or amended policies as it deems necessary and appropriate. | 22 | | In preparing its written policy, the Board of Trustees shall, | 23 | | in addition to other factors it considers relevant and | 24 | | important, give consideration to the following: (i) whether the | 25 | | event is a student activity or student-related activity; (ii) | 26 | | whether the physical setting of the event is conducive to |
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| 1 | | control of liquor sales and distribution; (iii) the ability of | 2 | | the event operator to ensure that the sale or serving of | 3 | | alcoholic liquors and the demeanor of the participants are in | 4 | | accordance with State law and University policies; (iv) the | 5 | | anticipated attendees at the event and the relative proportion | 6 | | of individuals under the age of 21 to individuals age 21 or | 7 | | older; (v) the ability of the venue operator to prevent the | 8 | | sale or distribution of alcoholic liquors to individuals under | 9 | | the age of 21; (vi) whether the event prohibits participants | 10 | | from removing alcoholic beverages from the venue; and (vii) | 11 | | whether the event prohibits participants from providing their | 12 | | own alcoholic liquors to the venue. | 13 | | Alcoholic liquors may be served or sold in buildings under
| 14 | | the control of the Board of Trustees of Illinois State | 15 | | University
for events that the Board may determine are public
| 16 | | events and not student-related activities. The Board of
| 17 | | Trustees shall issue a written policy within 6 months after the | 18 | | effective date of this amendatory Act of the 97th General | 19 | | Assembly concerning the types of events that would be eligible
| 20 | | for an exemption. Thereafter, the Board of Trustees may issue
| 21 | | revised, updated, new, or amended policies as it deems
| 22 | | necessary and appropriate. In preparing its written policy, the
| 23 | | Board of Trustees shall, in addition to other factors it | 24 | | considers
relevant and important, give consideration to the | 25 | | following:
(i) whether the event is a student activity or | 26 | | student-related
activity; (ii) whether the physical setting of |
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| 1 | | the event is
conducive to control of liquor sales and | 2 | | distribution; (iii)
the ability of the event operator to ensure | 3 | | that the sale or
serving of alcoholic liquors and the demeanor | 4 | | of the
participants are in accordance with State law and | 5 | | University
policies; (iv) the anticipated attendees at the
| 6 | | event and the relative proportion of individuals under the age | 7 | | of
21 to individuals age 21 or older; (v) the ability of the | 8 | | venue
operator to prevent the sale or distribution of alcoholic
| 9 | | liquors to individuals under the age of 21; (vi) whether the
| 10 | | event prohibits participants from removing alcoholic beverages
| 11 | | from the venue; and (vii) whether the event prohibits
| 12 | | participants from providing their own alcoholic liquors to the
| 13 | | venue. | 14 | | Alcoholic liquor may be delivered to and sold at retail in | 15 | | the
Dorchester Senior Business Center owned by the Village of | 16 | | Dolton if the
alcoholic liquor is sold or dispensed only in | 17 | | connection with organized
functions for which the planned | 18 | | attendance is 20 or more persons, and if
the person or facility | 19 | | selling or dispensing the alcoholic liquor has
provided dram | 20 | | shop liability insurance in maximum limits so as to hold
| 21 | | harmless the Village of Dolton and the State from all financial | 22 | | loss,
damage and harm.
| 23 | | Alcoholic liquors may be delivered to and sold at retail in | 24 | | any
building used as an Illinois State Armory provided:
| 25 | | (i) the Adjutant General's written consent to the | 26 | | issuance of a
license to sell alcoholic liquor in such |
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| 1 | | building is filed with the
Commission;
| 2 | | (ii) the alcoholic liquor is sold or dispensed only in | 3 | | connection
with organized functions held on special | 4 | | occasions;
| 5 | | (iii) the organized function is one for which the | 6 | | planned attendance
is 25 or more persons; and
| 7 | | (iv) the facility selling or dispensing the alcoholic | 8 | | liquors has
provided dram shop liability insurance in | 9 | | maximum limits so as to save
harmless the facility and the | 10 | | State from all financial loss, damage or harm.
| 11 | | Alcoholic liquors may be delivered to and sold at retail in | 12 | | the Chicago
Civic Center, provided that:
| 13 | | (i) the written consent of the Public Building | 14 | | Commission which
administers the Chicago Civic Center is | 15 | | filed with the Commission;
| 16 | | (ii) the alcoholic liquor is sold or dispensed only in | 17 | | connection with
organized functions held on special | 18 | | occasions;
| 19 | | (iii) the organized function is one for which the | 20 | | planned attendance is
25 or more persons;
| 21 | | (iv) the facility selling or dispensing the alcoholic | 22 | | liquors has
provided dram shop liability insurance in | 23 | | maximum limits so as to hold
harmless the Civic Center, the | 24 | | City of Chicago and the State from all
financial loss, | 25 | | damage or harm; and
| 26 | | (v) all applicable local ordinances are complied with.
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| 1 | | Alcoholic liquors may be delivered or sold in any building | 2 | | belonging to
or under the control of any city, village or | 3 | | incorporated town where more
than 75% of the physical | 4 | | properties of the building is used for commercial
or | 5 | | recreational purposes, and the building is located upon a pier | 6 | | extending
into or over the waters of a navigable lake or stream | 7 | | or on the shore of a
navigable lake or stream.
In accordance | 8 | | with a license issued under this Act, alcoholic liquor may be | 9 | | sold, served, or delivered in buildings and facilities under
| 10 | | the control
of the Department of Natural Resources during | 11 | | events or activities lasting no more than 7 continuous days | 12 | | upon the written approval of the
Director of
Natural Resources | 13 | | acting as the controlling government authority. The Director
of
| 14 | | Natural Resources may specify conditions on that approval, | 15 | | including but not
limited to
requirements for insurance and | 16 | | hours of operation.
Notwithstanding any other provision of this | 17 | | Act, alcoholic liquor sold by a
United States Army Corps of | 18 | | Engineers or Department of Natural
Resources
concessionaire | 19 | | who was operating on June 1, 1991 for on-premises consumption
| 20 | | only is not subject to the provisions of Articles IV and IX. | 21 | | Beer and wine
may be sold on the premises of the Joliet Park | 22 | | District Stadium owned by
the Joliet Park District when written | 23 | | consent to the issuance of a license
to sell beer and wine in | 24 | | such premises is filed with the local liquor
commissioner by | 25 | | the Joliet Park District. Beer and wine may be sold in
| 26 | | buildings on the grounds of State veterans' homes when written |
| | | SB3443 | - 56 - | LRB098 15945 HLH 55564 b |
|
| 1 | | consent to
the issuance of a license to sell beer and wine in | 2 | | such buildings is filed
with the Commission by the Department | 3 | | of Veterans' Affairs, and the
facility shall provide dram shop | 4 | | liability in maximum insurance coverage
limits so as to save | 5 | | the facility harmless from all financial loss, damage
or harm. | 6 | | Such liquors may be delivered to and sold at any property owned | 7 | | or
held under lease by a Metropolitan Pier and Exposition | 8 | | Authority or
Metropolitan Exposition and Auditorium Authority.
| 9 | | Beer and wine may be sold and dispensed at professional | 10 | | sporting events
and at professional concerts and other | 11 | | entertainment events conducted on
premises owned by the Forest | 12 | | Preserve District of Kane County, subject to
the control of the | 13 | | District Commissioners and applicable local law,
provided that | 14 | | dram shop liability insurance is provided at maximum coverage
| 15 | | limits so as to hold the District harmless from all financial | 16 | | loss, damage
and harm.
| 17 | | Nothing in this Section shall preclude the sale or delivery | 18 | | of beer and
wine at a State or county fair or the sale or | 19 | | delivery of beer or wine at a
city fair in any otherwise lawful | 20 | | manner.
| 21 | | Alcoholic liquors may be sold at retail in buildings in | 22 | | State parks
under the control of the Department of Natural | 23 | | Resources,
provided:
| 24 | | a. the State park has overnight lodging facilities with | 25 | | some
restaurant facilities or, not having overnight | 26 | | lodging facilities, has
restaurant facilities which serve |
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|
| 1 | | complete luncheon and dinner or
supper meals,
| 2 | | b. (blank), and consent to the issuance of a license to | 3 | | sell alcoholic liquors in
the buildings has been filed with | 4 | | the commission by the Department of
Natural Resources, and
| 5 | | c. the alcoholic liquors are sold by the State park | 6 | | lodge or
restaurant concessionaire only during the hours | 7 | | from 11 o'clock a.m. until
12 o'clock midnight. | 8 | | Notwithstanding any other provision of this Act,
alcoholic | 9 | | liquor sold by the State park or restaurant concessionaire | 10 | | is not
subject to the provisions of Articles IV and IX.
| 11 | | Alcoholic liquors may be sold at retail in buildings on | 12 | | properties
under the control of the Historic Sites and | 13 | | Preservation Division of the
Historic Preservation
Agency or | 14 | | the Abraham Lincoln Presidential Library and Museum provided:
| 15 | | a. the property has overnight lodging facilities with | 16 | | some restaurant
facilities or, not having overnight | 17 | | lodging facilities, has restaurant
facilities which serve | 18 | | complete luncheon and dinner or supper meals,
| 19 | | b. consent to the issuance of a license to sell | 20 | | alcoholic liquors in
the buildings has been filed with the | 21 | | commission by the Historic Sites and
Preservation Division
| 22 | | of the Historic
Preservation Agency or the Abraham Lincoln | 23 | | Presidential Library and Museum,
and
| 24 | | c. the alcoholic liquors are sold by the lodge or | 25 | | restaurant
concessionaire only during the hours from 11 | 26 | | o'clock a.m. until 12 o'clock
midnight.
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| | | SB3443 | - 58 - | LRB098 15945 HLH 55564 b |
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| 1 | | The sale of alcoholic liquors pursuant to this Section does | 2 | | not
authorize the establishment and operation of facilities | 3 | | commonly called
taverns, saloons, bars, cocktail lounges, and | 4 | | the like except as a part
of lodge and restaurant facilities in | 5 | | State parks or golf courses owned
by Forest Preserve Districts | 6 | | with a population of less than 3,000,000 or
municipalities or | 7 | | park districts.
| 8 | | Alcoholic liquors may be sold at retail in the Springfield
| 9 | | Administration Building of the Department of Transportation | 10 | | and the
Illinois State Armory in Springfield; provided, that | 11 | | the controlling
government authority may consent to such sales | 12 | | only if
| 13 | | a. the request is from a not-for-profit organization;
| 14 | | b. such sales would not impede normal operations of the | 15 | | departments
involved;
| 16 | | c. the not-for-profit organization provides dram shop | 17 | | liability in
maximum insurance coverage limits and agrees | 18 | | to defend, save harmless
and indemnify the State of | 19 | | Illinois from all financial loss, damage or harm;
| 20 | | d. no such sale shall be made during normal working | 21 | | hours of the
State of Illinois; and
| 22 | | e. the consent is in writing.
| 23 | | Alcoholic liquors may be sold at retail in buildings in | 24 | | recreational
areas of river conservancy districts under the | 25 | | control of, or leased
from, the river conservancy districts. | 26 | | Such sales are subject to
reasonable local regulations as |
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| 1 | | provided in Article IV; however, no such
regulations may | 2 | | prohibit or substantially impair the sale of alcoholic
liquors | 3 | | on Sundays or Holidays.
| 4 | | Alcoholic liquors may be provided in long term care | 5 | | facilities owned or
operated by a county under Division 5-21 or | 6 | | 5-22 of the Counties Code,
when approved by the facility | 7 | | operator and not in conflict
with the regulations of the | 8 | | Illinois Department of Public Health, to
residents of the | 9 | | facility who have had their consumption of the alcoholic
| 10 | | liquors provided approved in writing by a physician licensed to | 11 | | practice
medicine in all its branches.
| 12 | | Alcoholic liquors may be delivered to and dispensed in | 13 | | State housing
assigned to employees of the Department of | 14 | | Corrections.
No person shall furnish or allow to be furnished | 15 | | any alcoholic
liquors to any prisoner confined in any jail, | 16 | | reformatory, prison or house
of correction except upon a | 17 | | physician's prescription for medicinal purposes.
| 18 | | Alcoholic liquors may be sold at retail or dispensed at the | 19 | | Willard Ice
Building in Springfield, at the State Library in | 20 | | Springfield, and at
Illinois State Museum facilities by (1) an
| 21 | | agency of the State, whether legislative, judicial or | 22 | | executive, provided
that such agency first obtains written | 23 | | permission to sell or dispense
alcoholic liquors from the | 24 | | controlling government authority, or by (2) a
not-for-profit | 25 | | organization, provided that such organization:
| 26 | | a. Obtains written consent from the controlling |
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|
| 1 | | government authority;
| 2 | | b. Sells or dispenses the alcoholic liquors in a manner | 3 | | that does not
impair normal operations of State offices | 4 | | located in the building;
| 5 | | c. Sells or dispenses alcoholic liquors only in | 6 | | connection with an
official activity in the building;
| 7 | | d. Provides, or its catering service provides, dram | 8 | | shop liability
insurance in maximum coverage limits and in | 9 | | which the carrier agrees to
defend, save harmless and | 10 | | indemnify the State of Illinois from all
financial loss, | 11 | | damage or harm arising out of the selling or dispensing of
| 12 | | alcoholic liquors.
| 13 | | Nothing in this Act shall prevent a not-for-profit | 14 | | organization or agency
of the State from employing the services | 15 | | of a catering establishment for
the selling or dispensing of | 16 | | alcoholic liquors at authorized functions.
| 17 | | The controlling government authority for the Willard Ice | 18 | | Building in
Springfield shall be the Director of the Department | 19 | | of Revenue. The
controlling government authority for Illinois | 20 | | State Museum facilities shall
be the Director of the Illinois | 21 | | State Museum. The controlling government
authority for the | 22 | | State Library in Springfield shall be the Secretary of State.
| 23 | | Alcoholic liquors may be delivered to and sold at retail or | 24 | | dispensed
at any facility, property or building under the | 25 | | jurisdiction of the
Historic Sites and Preservation Division of | 26 | | the
Historic Preservation Agency
or the Abraham
Lincoln |
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|
| 1 | | Presidential Library and Museum
where the delivery, sale or
| 2 | | dispensing is by (1)
an agency of the State, whether | 3 | | legislative, judicial or executive,
provided that such agency | 4 | | first obtains written permission to sell or
dispense alcoholic | 5 | | liquors from a controlling government authority, or by (2) an | 6 | | individual or organization provided that such individual or | 7 | | organization:
| 8 | | a. Obtains written consent from the controlling | 9 | | government authority;
| 10 | | b. Sells or dispenses the alcoholic liquors in a manner | 11 | | that does not
impair normal workings of State offices or | 12 | | operations located at the
facility, property or building;
| 13 | | c. Sells or dispenses alcoholic liquors only in | 14 | | connection with an
official activity of the individual or | 15 | | organization in the facility,
property or building;
| 16 | | d. Provides, or its catering service provides, dram | 17 | | shop liability
insurance in maximum coverage limits and in | 18 | | which the carrier agrees to
defend, save harmless and | 19 | | indemnify the State of Illinois from all
financial loss, | 20 | | damage or harm arising out of the selling or dispensing of
| 21 | | alcoholic liquors.
| 22 | | The controlling government authority for the
Historic | 23 | | Sites and Preservation Division of the
Historic Preservation | 24 | | Agency
shall be the Director of the Historic Sites and | 25 | | Preservation, and the
controlling
government authority for the | 26 | | Abraham Lincoln Presidential Library and Museum
shall be the |
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| 1 | | Director of the Abraham Lincoln Presidential Library and | 2 | | Museum.
| 3 | | Alcoholic liquors may be delivered to and sold at retail or | 4 | | dispensed for
consumption at the Michael Bilandic Building at | 5 | | 160 North LaSalle Street,
Chicago IL 60601, after the normal | 6 | | business hours of any day care or child care
facility located | 7 | | in the building, by (1) a commercial tenant or subtenant
| 8 | | conducting business on the premises under a lease made pursuant | 9 | | to Section
405-315 of the Department of Central Management | 10 | | Services Law (20 ILCS
405/405-315), provided that such tenant | 11 | | or subtenant who accepts delivery of,
sells, or dispenses | 12 | | alcoholic liquors shall procure and maintain dram shop
| 13 | | liability insurance in maximum coverage limits and in which the | 14 | | carrier
agrees to defend, indemnify, and save harmless the | 15 | | State of Illinois from
all financial loss, damage, or harm | 16 | | arising out of the delivery, sale, or
dispensing of alcoholic | 17 | | liquors, or by (2) an agency of the State, whether
legislative, | 18 | | judicial, or executive, provided that such agency first obtains
| 19 | | written permission to accept delivery of and sell or dispense | 20 | | alcoholic liquors
from the Director of Central Management | 21 | | Services, or by (3) a not-for-profit
organization, provided | 22 | | that such organization:
| 23 | | a. obtains written consent from the Department of | 24 | | Central Management
Services;
| 25 | | b. accepts delivery of and sells or dispenses the | 26 | | alcoholic liquors in a
manner that does not impair normal |
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| 1 | | operations of State offices located in the
building;
| 2 | | c. accepts delivery of and sells or dispenses alcoholic | 3 | | liquors only in
connection with an official activity in the | 4 | | building; and
| 5 | | d. provides, or its catering service provides, dram | 6 | | shop liability
insurance in maximum coverage limits and in | 7 | | which the carrier agrees to
defend, save harmless, and | 8 | | indemnify the State of Illinois from all
financial loss, | 9 | | damage, or harm arising out of the selling or dispensing of
| 10 | | alcoholic liquors.
| 11 | | Nothing in this Act shall prevent a not-for-profit | 12 | | organization or agency
of the State from employing the services | 13 | | of a catering establishment for
the selling or dispensing of | 14 | | alcoholic liquors at functions authorized by
the Director of | 15 | | Central Management Services.
| 16 | | Alcoholic liquors may be sold at retail or dispensed at the | 17 | | James R.
Thompson Center in Chicago, subject to the provisions | 18 | | of Section 7.4 of the
State Property Control Act, and 222 South | 19 | | College Street in Springfield,
Illinois by (1) a commercial | 20 | | tenant or subtenant conducting business on the
premises under a | 21 | | lease or sublease made pursuant to Section 405-315 of the
| 22 | | Department of Central Management Services Law (20 ILCS | 23 | | 405/405-315), provided
that such tenant or subtenant who
sells | 24 | | or dispenses alcoholic liquors shall procure and maintain dram | 25 | | shop
liability insurance in maximum coverage limits and in | 26 | | which the carrier
agrees to defend, indemnify and save harmless |
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| 1 | | the State of Illinois from
all financial loss, damage or harm | 2 | | arising out of the sale or dispensing of
alcoholic liquors, or | 3 | | by (2) an agency of the State, whether legislative,
judicial or | 4 | | executive, provided that such agency first obtains written
| 5 | | permission to sell or dispense alcoholic liquors from the | 6 | | Director of
Central Management Services, or by (3) a | 7 | | not-for-profit organization,
provided that such organization:
| 8 | | a. Obtains written consent from the Department of | 9 | | Central Management
Services;
| 10 | | b. Sells or dispenses the alcoholic liquors in a manner | 11 | | that does not
impair normal operations of State offices | 12 | | located in the building;
| 13 | | c. Sells or dispenses alcoholic liquors only in | 14 | | connection with an
official activity in the building;
| 15 | | d. Provides, or its catering service provides, dram | 16 | | shop liability
insurance in maximum coverage limits and in | 17 | | which the carrier agrees to
defend, save harmless and | 18 | | indemnify the State of Illinois from all
financial loss, | 19 | | damage or harm arising out of the selling or dispensing of
| 20 | | alcoholic liquors.
| 21 | | Nothing in this Act shall prevent a not-for-profit | 22 | | organization or agency
of the State from employing the services | 23 | | of a catering establishment for
the selling or dispensing of | 24 | | alcoholic liquors at functions authorized by
the Director of | 25 | | Central Management Services.
| 26 | | Alcoholic liquors may be sold or delivered at any facility |
| | | SB3443 | - 65 - | LRB098 15945 HLH 55564 b |
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| 1 | | owned by the
Illinois Sports Facilities Authority provided that | 2 | | dram shop liability
insurance has been made available in a | 3 | | form, with such coverage and in such
amounts as the Authority | 4 | | reasonably determines is necessary.
| 5 | | Alcoholic liquors may be sold at retail or dispensed at the | 6 | | Rockford
State Office Building by (1) an agency of the State, | 7 | | whether legislative,
judicial or executive, provided that such | 8 | | agency first obtains written
permission to sell or dispense | 9 | | alcoholic liquors from the Department of
Central Management | 10 | | Services, or by (2) a not-for-profit organization,
provided | 11 | | that such organization:
| 12 | | a. Obtains written consent from the Department of | 13 | | Central Management
Services;
| 14 | | b. Sells or dispenses the alcoholic liquors in a manner | 15 | | that does not
impair normal operations of State offices | 16 | | located in the building;
| 17 | | c. Sells or dispenses alcoholic liquors only in | 18 | | connection with an
official activity in the building;
| 19 | | d. Provides, or its catering service provides, dram | 20 | | shop liability
insurance in maximum coverage limits and in | 21 | | which the carrier agrees to defend,
save harmless and | 22 | | indemnify the State of Illinois from all financial loss,
| 23 | | damage or harm arising out of the selling or dispensing of | 24 | | alcoholic liquors.
| 25 | | Nothing in this Act shall prevent a not-for-profit | 26 | | organization or agency
of the State from employing the services |
| | | SB3443 | - 66 - | LRB098 15945 HLH 55564 b |
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| 1 | | of a catering establishment for
the selling or dispensing of | 2 | | alcoholic liquors at functions authorized by
the Department of | 3 | | Central Management Services.
| 4 | | Alcoholic liquors may be sold or delivered in a building | 5 | | that is owned
by McLean County, situated on land owned by the | 6 | | county in the City of
Bloomington, and used by the McLean | 7 | | County Historical Society if the sale
or delivery is approved | 8 | | by an ordinance adopted by the county board, and
the | 9 | | municipality in which the building is located may not prohibit | 10 | | that
sale or delivery, notwithstanding any other provision of | 11 | | this Section. The
regulation of the sale and delivery of | 12 | | alcoholic liquor in a building that
is owned by McLean County, | 13 | | situated on land owned by the county, and used
by the McLean | 14 | | County Historical Society as provided in this paragraph is an
| 15 | | exclusive power and function of the State and is a denial and | 16 | | limitation
under Article VII, Section 6, subsection (h) of the | 17 | | Illinois Constitution
of the power of a home rule municipality | 18 | | to regulate that sale and delivery.
| 19 | | Alcoholic liquors may be sold or delivered in any building | 20 | | situated on
land held in trust for any school district | 21 | | organized under Article 34 of
the School Code, if the building | 22 | | is not used for school purposes and if the
sale or delivery is | 23 | | approved by the board of education.
| 24 | | Alcoholic liquors may be sold or delivered in buildings | 25 | | owned
by the Community Building Complex Committee of Boone | 26 | | County,
Illinois if the person or facility selling or |
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| 1 | | dispensing the
alcoholic liquor has provided dram shop | 2 | | liability insurance with coverage and
in amounts that the | 3 | | Committee reasonably determines are necessary.
| 4 | | Alcoholic liquors may be sold or delivered in the building | 5 | | located at
1200 Centerville Avenue in Belleville, Illinois and | 6 | | occupied by either the
Belleville Area Special Education | 7 | | District or the Belleville Area Special
Services
Cooperative. | 8 | | Alcoholic liquors may be delivered to and sold at the Louis | 9 | | Joliet
Renaissance Center, City Center Campus, located at 214 | 10 | | N. Ottawa Street,
Joliet, and
the Food Services/Culinary Arts | 11 | | Department facilities, Main Campus, located at
1215 Houbolt | 12 | | Road, Joliet, owned by or under the control of Joliet Junior
| 13 | | College,
Illinois Community College District No. 525.
| 14 | | Alcoholic liquors may be delivered to and sold at Triton | 15 | | College, Illinois Community College District No. 504. | 16 | | Alcoholic liquors may be delivered to and sold at the | 17 | | College of DuPage, Illinois Community College District No. 502. | 18 | | Alcoholic liquors may be delivered to and sold at the | 19 | | building located at 446 East Hickory Avenue in Apple River, | 20 | | Illinois, owned by the Apple River Fire Protection District, | 21 | | and occupied by the Apple River Community Association if the | 22 | | alcoholic liquor is sold or dispensed only in connection with | 23 | | organized functions approved by the Apple River Community | 24 | | Association for which the planned attendance is 20 or more | 25 | | persons and if the person or facility selling or dispensing the | 26 | | alcoholic liquor has provided dram shop liability insurance in |
| | | SB3443 | - 68 - | LRB098 15945 HLH 55564 b |
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| 1 | | maximum limits so as to hold harmless the Apple River Fire | 2 | | Protection District, the Village of Apple River, and the Apple | 3 | | River Community Association from all financial loss, damage, | 4 | | and harm. | 5 | | Alcoholic liquors may be delivered to and sold at the Sikia | 6 | | Restaurant, Kennedy King College Campus, located at 740 West | 7 | | 63rd Street, Chicago, and at the Food Services in the Great | 8 | | Hall/Washburne Culinary Institute Department facility, Kennedy | 9 | | King College Campus, located at 740 West 63rd Street, Chicago, | 10 | | owned by or under the control of City Colleges of Chicago, | 11 | | Illinois Community College District No. 508.
| 12 | | (Source: P.A. 97-33, eff. 6-28-11; 97-45, eff. 6-28-11; 97-51, | 13 | | eff. 6-28-11; 97-167, eff. 7-22-11; 97-250, eff. 8-4-11; | 14 | | 97-395, eff. 8-16-11; 97-813, eff. 7-13-12; 97-1166, eff. | 15 | | 3-1-13; 98-132, eff. 8-2-13; 98-201, eff. 8-9-13; revised | 16 | | 9-24-13.) | 17 | | (320 ILCS 65/20 rep.) | 18 | | Section 125. The Family Caregiver Act is amended by | 19 | | repealing Section 20.
| 20 | | (410 ILCS 3/10 rep.)
| 21 | | Section 130. The Atherosclerosis Prevention Act is amended | 22 | | by repealing Section 10.
| 23 | | (410 ILCS 425/Act rep.)
|
| | | SB3443 | - 69 - | LRB098 15945 HLH 55564 b |
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| 1 | | Section 135. The High Blood Pressure Control Act is | 2 | | repealed. | 3 | | Section 140. The Environmental Protection Act is amended by | 4 | | changing Section 22.8 as follows:
| 5 | | (415 ILCS 5/22.8) (from Ch. 111 1/2, par. 1022.8)
| 6 | | Sec. 22.8. Environmental Protection Permit and Inspection | 7 | | Fund.
| 8 | | (a) There is hereby created in the State Treasury a special | 9 | | fund to be known
as the Environmental Protection Permit and | 10 | | Inspection Fund. All fees collected
by the Agency pursuant to | 11 | | this Section, Section 9.6, 12.2, 16.1, 22.2
(j)(6)(E)(v)(IV), | 12 | | 56.4, 56.5, 56.6, and subsection (f) of Section 5 of this
Act , | 13 | | or pursuant to Section 22 of the Public Water Supply Operations | 14 | | Act or Section 1011 of the Solid Waste Site Operator | 15 | | Certification Law, as well as
and funds collected under | 16 | | subsection (b.5) of Section 42 of this Act ,
shall be deposited | 17 | | into the Fund. In addition to any monies appropriated
from the | 18 | | General Revenue Fund, monies in the Fund shall be appropriated
| 19 | | by the General Assembly to the Agency in amounts deemed | 20 | | necessary for
manifest, permit, and inspection activities and | 21 | | for performing its functions, powers, and duties under the | 22 | | Solid Waste Site Operator Certification Law processing | 23 | | requests
under Section 22.2 (j)(6)(E)(v)(IV) .
| 24 | | The General Assembly may appropriate monies in the Fund |
| | | SB3443 | - 70 - | LRB098 15945 HLH 55564 b |
|
| 1 | | deemed necessary
for Board regulatory and adjudicatory | 2 | | proceedings.
| 3 | | (a-5) As soon as practicable after the effective date of | 4 | | this amendatory Act of the 98th General Assembly, but no later | 5 | | than January 1, 2014, the State Comptroller shall direct and | 6 | | the State Treasurer shall transfer all monies in the Industrial | 7 | | Hygiene Regulatory and Enforcement Fund to the Environmental | 8 | | Protection Permit and Inspection Fund to be used in accordance | 9 | | with the terms of the Environmental Protection Permit and | 10 | | Inspection Fund. | 11 | | (a-6) As soon as practicable after the effective date of | 12 | | this amendatory Act of the 98th General Assembly, but no later | 13 | | than December 31, 2014, the State Comptroller shall order the | 14 | | transfer of, and the State Treasurer shall transfer, all moneys | 15 | | in the Hazardous Waste Occupational Licensing Fund into the | 16 | | Environmental Protection Permit and Inspection Fund to be used | 17 | | in accordance with the terms of the Environmental Protection | 18 | | Permit and Inspection Fund. | 19 | | (b) The Agency shall collect from the
owner or operator of | 20 | | any of the following types of hazardous waste disposal
sites or | 21 | | management facilities which require a RCRA permit under | 22 | | subsection
(f) of Section 21 of this Act, or a UIC permit under | 23 | | subsection (g) of Section
12 of this Act, an annual fee in the | 24 | | amount of:
| 25 | | (1) $35,000 ($70,000 beginning in 2004)
for a hazardous | 26 | | waste disposal site receiving hazardous
waste if the |
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| 1 | | hazardous waste disposal site is located off the site where
| 2 | | such waste was produced;
| 3 | | (2) $9,000 ($18,000 beginning in 2004)
for a hazardous | 4 | | waste disposal site receiving hazardous waste
if the | 5 | | hazardous waste disposal site is located on the site where | 6 | | such
waste was produced;
| 7 | | (3) $7,000 ($14,000 beginning in 2004)
for a hazardous | 8 | | waste disposal site receiving hazardous waste
if the | 9 | | hazardous waste disposal site is an underground injection | 10 | | well;
| 11 | | (4) $2,000 ($4,000 beginning in 2004)
for a hazardous | 12 | | waste management facility treating
hazardous waste by | 13 | | incineration;
| 14 | | (5) $1,000 ($2,000 beginning in 2004)
for a hazardous | 15 | | waste management facility treating hazardous
waste by a | 16 | | method, technique or process other than incineration;
| 17 | | (6) $1,000 ($2,000 beginning in 2004)
for a hazardous | 18 | | waste management facility storing hazardous
waste in a | 19 | | surface impoundment or pile;
| 20 | | (7) $250 ($500 beginning in 2004)
for a hazardous waste | 21 | | management facility storing hazardous
waste other than in a | 22 | | surface impoundment or pile; and
| 23 | | (8) Beginning in 2004, $500 for a large quantity | 24 | | hazardous waste
generator required to submit an annual or | 25 | | biennial report for hazardous waste
generation.
| 26 | | (c) Where two or more operational units are located within |
| | | SB3443 | - 72 - | LRB098 15945 HLH 55564 b |
|
| 1 | | a single
hazardous waste disposal site, the Agency shall | 2 | | collect from the owner or
operator of such site an annual fee | 3 | | equal to the highest fee imposed by
subsection (b) of this | 4 | | Section upon any single operational unit within the
site.
| 5 | | (d) The fee imposed upon a hazardous waste disposal site | 6 | | under this
Section shall be the exclusive permit and inspection | 7 | | fee applicable to
hazardous waste disposal at such site, | 8 | | provided that nothing in this
Section shall be construed to | 9 | | diminish or otherwise affect any fee imposed
upon the owner or | 10 | | operator of a hazardous waste disposal site by Section 22.2.
| 11 | | (e) The Agency shall establish procedures, no later than | 12 | | December 1,
1984, relating to the collection of the hazardous | 13 | | waste disposal site
fees authorized by this Section. Such | 14 | | procedures shall include, but not be
limited to the time and | 15 | | manner of payment of fees to the Agency, which
shall be | 16 | | quarterly, payable at the beginning of each quarter for | 17 | | hazardous
waste disposal site fees. Annual fees required under | 18 | | paragraph (7) of
subsection (b) of this Section shall accompany | 19 | | the annual report required
by Board regulations for the | 20 | | calendar year for which the report applies.
| 21 | | (f) For purposes of this Section, a hazardous waste | 22 | | disposal site
consists of one or more of the following | 23 | | operational units:
| 24 | | (1) a landfill receiving hazardous waste for disposal;
| 25 | | (2) a waste pile or surface impoundment, receiving | 26 | | hazardous waste, in
which residues which exhibit any of the |
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| 1 | | characteristics of hazardous waste
pursuant to Board | 2 | | regulations are reasonably expected to remain after | 3 | | closure;
| 4 | | (3) a land treatment facility receiving hazardous | 5 | | waste; or
| 6 | | (4) a well injecting hazardous waste.
| 7 | | (g) The Agency shall assess a fee for each manifest | 8 | | provided by the
Agency. For manifests provided on or after | 9 | | January 1, 1989 but before July 1,
2003, the fee shall be $1 | 10 | | per manifest. For manifests provided on or after
July 1, 2003, | 11 | | the fee shall be $3 per manifest.
| 12 | | (Source: P.A. 98-78, eff. 7-15-13.)
| 13 | | Section 145. The Illinois Pesticide Act is amended by | 14 | | changing Sections 19.3 and 22.2 as follows:
| 15 | | (415 ILCS 60/19.3)
| 16 | | Sec. 19.3. Agrichemical Facility Response Action Program.
| 17 | | (a) It is the policy of the State of Illinois that an | 18 | | Agrichemical Facility
Response Action Program be implemented | 19 | | to reduce potential agrichemical pollution
and minimize | 20 | | environmental degradation risk potential at these sites. In | 21 | | this
Section, "agrichemical facility" means a site where | 22 | | agrichemicals are
stored or handled, or both, in preparation | 23 | | for end use. "Agrichemical
facility" does not include basic | 24 | | manufacturing or central distribution sites
utilized only for |
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| 1 | | wholesale purposes. As used in this Section, "agrichemical"
| 2 | | means pesticides or commercial fertilizers at an agrichemical | 3 | | facility.
| 4 | | The program shall provide guidance for assessing the threat | 5 | | of soil
agrichemical
contaminants to groundwater and | 6 | | recommending which sites need to establish a
voluntary | 7 | | corrective action program.
| 8 | | The program shall establish appropriate site-specific soil | 9 | | cleanup
objectives, which shall be based on the potential for | 10 | | the agrichemical
contaminants to move from the soil to | 11 | | groundwater and the potential of the
specific soil agrichemical | 12 | | contaminants to cause an
exceedence of a Class I
or Class III | 13 | | groundwater quality standard or a health advisory level. The
| 14 | | Department shall use the information found and procedures | 15 | | developed in the
Agrichemical Facility Site Contamination | 16 | | Study or other appropriate physical
evidence to establish the | 17 | | soil agrichemical contaminant
levels of concern to
groundwater | 18 | | in the various hydrological settings to establish | 19 | | site-specific
cleanup objectives.
| 20 | | No remediation of a site may be recommended unless (i) the | 21 | | agrichemical
contamination
level in the soil exceeds the | 22 | | site-specific cleanup objectives
or (ii) the agrichemical | 23 | | contaminant level in the soil
exceeds levels where physical | 24 | | evidence and risk evaluation indicates
probability of the site | 25 | | causing an
exceedence of a groundwater quality standard.
| 26 | | When a remediation plan must be carried out over a number |
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| 1 | | of years due to
limited financial resources of the owner or | 2 | | operator of the agrichemical
facility, those soil agrichemical | 3 | | contaminated areas that
have the greatest potential to | 4 | | adversely impact vulnerable Class I groundwater
aquifers and | 5 | | adjacent potable water wells shall
receive the highest priority | 6 | | rating and be remediated first.
| 7 | | (b) (Blank). The Agrichemical Facility Response Action | 8 | | Program Board ("the Board") is
created. The
Board members shall | 9 | | consist of the following:
| 10 | | (1) The Director or the Director's designee.
| 11 | | (2) One member who represents pesticide manufacturers.
| 12 | | (3) Two members who represent retail agrichemical | 13 | | dealers.
| 14 | | (4) One member who represents agrichemical | 15 | | distributors.
| 16 | | (5) One member who represents active farmers.
| 17 | | (6) One member at large.
| 18 | | The public members of the Board shall be appointed by the | 19 | | Governor for terms
of 2 years. Those persons on the Board who | 20 | | represent pesticide manufacturers,
agrichemical dealers, | 21 | | agrichemical distributors, and farmers shall be selected
from | 22 | | recommendations made by the associations whose membership | 23 | | reflects those
specific areas of interest. The members of the | 24 | | Board shall be appointed within
90 days after the effective | 25 | | date of this amendatory Act of 1995. Vacancies on
the Board | 26 | | shall be filled within 30 days. The Board may fill any |
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| 1 | | membership
position vacant for a period exceeding 30 days.
| 2 | | The members of the Board shall be paid no compensation, but | 3 | | shall be
reimbursed
for their expenses incurred in performing | 4 | | their duties. If a civil
proceeding is commenced against a | 5 | | Board member arising out of an act or
omission occurring within | 6 | | the scope of the Board member's performance of his or
her | 7 | | duties under this Section, the State, as provided by rule, | 8 | | shall indemnify
the Board member for any damages awarded and | 9 | | court costs and attorney's fees
assessed as part of a final and | 10 | | unreversed judgement, or shall pay the
judgment, unless the | 11 | | court or jury finds that the conduct or inaction that gave
rise | 12 | | to the claim or cause of action was intentional, wilful or | 13 | | wanton
misconduct and was not intended to serve or benefit | 14 | | interests of the State.
| 15 | | The chairperson of the Board shall be selected by the Board | 16 | | from among the
public members.
| 17 | | (c) (Blank). The Board has the authority to do the | 18 | | following:
| 19 | | (1) Cooperate with the Department and review and | 20 | | approve an agrichemical
facility remediation program as | 21 | | outlined in the handbook or manual as set forth
in | 22 | | subdivision (d)(8) of this Section.
| 23 | | (2) Review and give final approval to each agrichemical | 24 | | facility
corrective
action plan.
| 25 | | (3) Approve any changes to an agrichemical facility's | 26 | | corrective action
plan that may be necessary.
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| 1 | | (4) Upon completion of the corrective action plan, | 2 | | recommend to the
Department that the site-specific cleanup | 3 | | objectives have been met and that a
notice of closure be | 4 | | issued by the Department stating that no further remedial
| 5 | | action is required to remedy the past agrichemical
| 6 | | contamination.
| 7 | | (5) When a soil agrichemical contaminant assessment
| 8 | | confirms that remedial
action
is not required in accordance | 9 | | with the Agrichemical Facility Response Action
Program, | 10 | | recommend that a notice of closure be issued by the | 11 | | Department stating
that no
further remedial action is | 12 | | required to remedy the past agrichemical
contamination.
| 13 | | (6) Periodically review the Department's | 14 | | administration of the
Agrichemical Incident Response Trust | 15 | | Fund and actions taken with respect to the
Fund. The Board | 16 | | shall also provide advice to the Interagency Committee on
| 17 | | Pesticides regarding the proper handling of agrichemical | 18 | | incidents at
agrichemical facilities in Illinois.
| 19 | | (d) The Director has the authority to do the following:
| 20 | | (1) When requested by the owner or operator of an | 21 | | agrichemical
facility, may investigate the agrichemical | 22 | | facility site contamination.
| 23 | | (2) After completion of the investigation under item | 24 | | subdivision (d) (1) of this
subsection Section , recommend | 25 | | to the owner or operator of an
agrichemical facility that a
| 26 | | voluntary assessment be made of the soil agrichemical
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| 1 | | contaminant when there is
evidence that the evaluation of | 2 | | risk indicates that
groundwater could be
adversely | 3 | | impacted.
| 4 | | (3) Review and make recommendations on any corrective | 5 | | action plan
submitted by the owner or operator of an | 6 | | agrichemical facility to the Board for
final approval .
| 7 | | (4) On approval by the Director Board , issue an order | 8 | | to the owner or operator of
an
agrichemical facility that | 9 | | has filed a voluntary corrective action plan that
the owner | 10 | | or operator may proceed with that plan.
| 11 | | (5) Provide remedial project oversight and , monitor | 12 | | remedial work progress ,
and
report to the Board on the | 13 | | status of remediation projects .
| 14 | | (6) Provide staff to support program the activities of | 15 | | the Board .
| 16 | | (7) (Blank). Take appropriate action on the Board's | 17 | | recommendations regarding
policy
needed to carry out the | 18 | | Board's responsibilities under this Section .
| 19 | | (8) Incorporate In cooperation with the Board, | 20 | | incorporate the following into a
handbook or manual: the | 21 | | procedures for site assessment; pesticide constituents
of | 22 | | concern and associated parameters; guidance on remediation | 23 | | techniques, land
application, and corrective action plans; | 24 | | and other information or instructions
that the Department | 25 | | may find necessary.
| 26 | | (9) Coordinate preventive response actions at |
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| 1 | | agrichemical facilities
pursuant to the
Groundwater | 2 | | Quality Standards adopted pursuant to Section 8 of the | 3 | | Illinois
Groundwater Protection Act to mitigate resource | 4 | | groundwater impairment.
| 5 | | Upon completion of the corrective action plan and upon | 6 | | recommendation of
the Board , the Department shall issue a | 7 | | notice of closure stating that
site-specific cleanup | 8 | | objectives have been met and no further remedial action
is | 9 | | required to remedy the past agrichemical contamination.
| 10 | | When a soil agrichemical contaminant assessment confirms
| 11 | | that remedial action
is not required in accordance with the | 12 | | Agrichemical Facility Response Action
Program and upon the | 13 | | recommendation of the Board , a notice of closure shall be
| 14 | | issued by the Department stating that no
further remedial | 15 | | action is required to remedy the past agrichemical
| 16 | | contamination.
| 17 | | (e) Upon receipt of notification of an agrichemical
| 18 | | contaminant in
groundwater pursuant to the Groundwater Quality | 19 | | Standards, the Department shall
evaluate the severity of the | 20 | | agrichemical contamination and
shall submit to the
| 21 | | Environmental Protection Agency an informational notice | 22 | | characterizing it as
follows:
| 23 | | (1) An agrichemical contaminant in Class I or Class III
| 24 | | groundwater has
exceeded
the levels of a standard adopted | 25 | | pursuant to the Illinois Groundwater
Protection Act or a | 26 | | health advisory established by the Illinois Environmental
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| 1 | | Protection Agency or the United States Environmental | 2 | | Protection Agency; or
| 3 | | (2) An agrichemical has been detected at a level that
| 4 | | requires
preventive notification pursuant to a standard | 5 | | adopted pursuant to the Illinois
Groundwater Protection | 6 | | Act.
| 7 | | (f) When agrichemical contamination is characterized as in
| 8 | | subsection subdivision (e)(1) of this Section, a facility may | 9 | | elect to participate in the
Agrichemical Facility
Response | 10 | | Action Program. In these instances, the scope of the corrective
| 11 | | action plans developed, approved, and completed under this | 12 | | program shall be
limited to the soil agrichemical
contamination | 13 | | present at the site unless implementation of the plan is
| 14 | | coordinated with the Illinois Environmental Protection Agency | 15 | | as follows:
| 16 | | (1) Upon receipt of notice of intent to include | 17 | | groundwater in an action
by a facility, the Department | 18 | | shall also
notify the Illinois Environmental Protection | 19 | | Agency.
| 20 | | (2) Upon receipt of the corrective action plan, the | 21 | | Department shall
coordinate a joint review of the plan with | 22 | | the Illinois Environmental
Protection Agency.
| 23 | | (3) The Illinois Environmental Protection Agency may | 24 | | provide a written
endorsement of the corrective action | 25 | | plan.
| 26 | | (4) The Illinois Environmental Protection Agency may |
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| 1 | | approve a
groundwater
management zone for a period
of 5 | 2 | | years after the implementation of the corrective action | 3 | | plan to allow for
groundwater impairment mitigation | 4 | | results.
| 5 | | (5) (Blank). The Department, in cooperation with the | 6 | | Illinois Environmental
Protection Agency, shall recommend | 7 | | a proposed corrective action plan to the
Board for final | 8 | | approval to proceed with remediation. The recommendation | 9 | | shall
be based on the joint review conducted under | 10 | | subdivision (f)(2) of this
Section and the status of any | 11 | | endorsement issued under subdivision (f)(3) of
this | 12 | | Section.
| 13 | | (6) The Department, in cooperation with the Illinois | 14 | | Environmental
Protection Agency, shall provide remedial | 15 | | project oversight, monitor remedial
work progress , and | 16 | | report to the Board on the status of the remediation
| 17 | | project .
| 18 | | (7) The Department shall, upon completion of the | 19 | | corrective action plan
and recommendation of the Board , | 20 | | issue a notice of closure stating that no
further remedial | 21 | | action is required to remedy the past agrichemical
| 22 | | contamination.
| 23 | | (g) When an owner or operator of an agrichemical facility | 24 | | initiates a soil
contamination assessment on the owner's or | 25 | | operator's own volition and
independent of any requirement | 26 | | under this Section 19.3, information
contained in that |
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| 1 | | assessment may be held as confidential information by the
owner | 2 | | or operator of the facility.
| 3 | | (h) Except as otherwise provided by Department rule, on and | 4 | | after the effective date of this amendatory Act of the 98th | 5 | | General Assembly, any Agrichemical Facility Response Action | 6 | | Program requirement that may be satisfied by an industrial | 7 | | hygienist licensed pursuant to the Industrial Hygienists | 8 | | Licensure Act repealed in this amendatory Act may be satisfied | 9 | | by a Certified Industrial Hygienist certified by the American | 10 | | Board of Industrial Hygiene. | 11 | | (Source: P.A. 98-78, eff. 7-15-13.)
| 12 | | (415 ILCS 60/22.2) (from Ch. 5, par. 822.2)
| 13 | | Sec. 22.2.
(a) There is hereby created a trust fund in
the | 14 | | State Treasury to be known as
the Agrichemical Incident | 15 | | Response Trust Fund. Any funds received by
the Director of | 16 | | Agriculture from the mandates of Section 13.1 shall be
| 17 | | deposited with the Treasurer as ex-officio custodian and held | 18 | | separate and
apart from any public money of this State, with | 19 | | accruing interest on
the trust funds deposited into the trust | 20 | | fund. Disbursement from the fund
for purposes as set forth in | 21 | | this Section shall be by voucher ordered by
the Director and | 22 | | paid by a warrant drawn by the State Comptroller and
| 23 | | countersigned by the State Treasurer. The Director shall order
| 24 | | disbursements from the Agrichemical Incident Response Trust | 25 | | Fund only for
payment of the expenses authorized by this Act. |
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| 1 | | Monies in this trust fund
shall not be subject
to appropriation | 2 | | by the General Assembly but shall be subject to audit by
the | 3 | | Auditor General. Should the program be terminated, all | 4 | | unobligated
funds in the trust fund shall be transferred to a | 5 | | trust fund to be used for
purposes as originally intended or be | 6 | | transferred to the Pesticide Control
Fund. Interest earned on | 7 | | the Fund shall
be deposited in the Fund. Monies in the Fund may | 8 | | be used
by the Department of Agriculture for the following | 9 | | purposes:
| 10 | | (1) for payment of costs of response action incurred by | 11 | | owners or
operators of agrichemical facilities as provided | 12 | | in Section 22.3 of this Act;
| 13 | | (2) for the Department to take emergency action in | 14 | | response to a
release of agricultural pesticides from an | 15 | | agrichemical facility that has
created an imminent threat | 16 | | to public health or the environment;
| 17 | | (3) for the costs of administering its activities | 18 | | relative to the Fund
as delineated in subsections (b) and | 19 | | (c) of this Section; and
| 20 | | (4) for the Department to:
| 21 | | (A) (blank); and reimburse members of the | 22 | | Agrichemical Facility Response Action
Program Board | 23 | | for their expenses incurred in performing their duties | 24 | | as defined
under Section 19.3 of this Act; and
| 25 | | (B) administer provide staff to support the | 26 | | activities of the Agrichemical Facility
Response |
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| 1 | | Action Program Board .
| 2 | | The total annual expenditures from the Fund for these | 3 | | purposes under this
paragraph (4) shall not be more than | 4 | | $120,000, and no expenditure from the Fund
for these | 5 | | purposes shall be made when the Fund balance becomes less | 6 | | than
$750,000.
| 7 | | (b) The action undertaken shall be such as may be necessary | 8 | | or
appropriate to protect human health or the environment.
| 9 | | (c) The Director of Agriculture is authorized to enter into | 10 | | contracts
and agreements as may be necessary to carry out the | 11 | | Department's duties
under this Section.
| 12 | | (d) Neither the State, the Director, nor any State employee | 13 | | shall be
liable for any damages or injury arising out of or | 14 | | resulting from any
action taken under this Section.
| 15 | | (e) (Blank). On a quarterly basis, the Department shall | 16 | | advise and consult with
the Agrichemical Facility Response | 17 | | Action Program Board as to the Department's
administration of | 18 | | the Fund.
| 19 | | (Source: P.A. 89-94, eff. 7-6-95.)
| 20 | | Section 150. The Hazardous Material Emergency Response | 21 | | Reimbursement Act is amended by changing Sections 3, 4, and 5 | 22 | | as follows:
| 23 | | (430 ILCS 55/3) (from Ch. 127 1/2, par. 1003)
| 24 | | Sec. 3. Definitions. As used in this Act:
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| 1 | | (a) "Emergency action" means any action taken at or near | 2 | | the scene of a
hazardous materials emergency incident to | 3 | | prevent or minimize harm to human
health, to property, or to | 4 | | the environments from the unintentional release
of a hazardous | 5 | | material.
| 6 | | (b) "Emergency response agency" means a unit of local
| 7 | | government, volunteer fire protection organization, or the | 8 | | American Red Cross that provides:
| 9 | | (1) firefighting services;
| 10 | | (2) emergency rescue services;
| 11 | | (3) emergency medical services;
| 12 | | (4) hazardous materials response teams;
| 13 | | (5) civil defense;
| 14 | | (6) technical rescue teams; or
| 15 | | (7) mass care or assistance to displaced persons.
| 16 | | (c) "Responsible party" means a person who:
| 17 | | (1) owns or has custody of hazardous material that is | 18 | | involved in an
incident requiring emergency action by an | 19 | | emergency response agency; or
| 20 | | (2) owns or has custody of bulk or non-bulk packaging | 21 | | or a transport
vehicle that contains hazardous material | 22 | | that is involved in an incident
requiring emergency action | 23 | | by an emergency response agency; and
| 24 | | (3) who causes or substantially contributed to the | 25 | | cause of the incident.
| 26 | | (d) "Person" means an individual, a corporation, a |
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| 1 | | partnership, an
unincorporated association, or any unit of | 2 | | federal, State or local government.
| 3 | | (e) "Annual budget" means the cost to operate an emergency | 4 | | response
agency excluding personnel costs, which include | 5 | | salary, benefits and
training expenses; and costs to acquire | 6 | | capital equipment including
buildings, vehicles and other such | 7 | | major capital cost items.
| 8 | | (f) "Hazardous material" means a substance or material in a | 9 | | quantity and
form determined by the United States Department of | 10 | | Transportation to be
capable of posing an unreasonable risk to | 11 | | health and safety or property
when transported in commerce.
| 12 | | (g) "Fund" means the Fire Prevention Fund "Panel" means | 13 | | administrative panel .
| 14 | | (Source: P.A. 93-159, eff. 1-1-04; 94-96, eff. 1-1-06.)
| 15 | | (430 ILCS 55/4) (from Ch. 127 1/2, par. 1004)
| 16 | | Sec. 4. Establishment. The Emergency Response | 17 | | Reimbursement Fund in
the State Treasury, hereinafter called | 18 | | the Fund, is
hereby created. Appropriations shall be made from | 19 | | the general revenue fund
to the Fund. Monies in the Fund shall | 20 | | be used as provided in this Act.
| 21 | | The Emergency Response Reimbursement Fund is dissolved as | 22 | | of the effective date of this amendatory Act of the 98th | 23 | | General Assembly. Any moneys remaining in the fund shall be | 24 | | transferred to the Fire Prevention Fund. | 25 | | (Source: P.A. 86-972.)
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| 1 | | (430 ILCS 55/5) (from Ch. 127 1/2, par. 1005)
| 2 | | Sec. 5. Reimbursement to agencies.
| 3 | | (a) It shall be the duty of the responsible party to | 4 | | reimburse, within 60 days after the receipt of a bill for the | 5 | | hazardous material emergency incident, the emergency response | 6 | | agencies responding to
a hazardous material emergency | 7 | | incident, and any private contractor
responding to the incident | 8 | | at the request of an emergency response agency,
for the costs | 9 | | incurred in the course of providing emergency action.
| 10 | | (b) In the event that the emergency response agencies are | 11 | | not reimbursed
by a responsible party as required under | 12 | | subsection (a), monies in the Fund , subject to appropriation, | 13 | | shall be used to reimburse the emergency response agencies
| 14 | | providing emergency action at or near the scene of a hazardous | 15 | | materials
emergency incident subject to the following | 16 | | limitations:
| 17 | | (1) Cost recovery from the Fund is limited to | 18 | | replacement of expended
materials including, but not | 19 | | limited to, specialized firefighting
foam, damaged hose or | 20 | | other reasonable and necessary supplies.
| 21 | | (2) The applicable cost of supplies must exceed 2% of | 22 | | the
emergency response agency's annual budget.
| 23 | | (3) A minimum of $500 must have been expended.
| 24 | | (4) A maximum of $10,000 may be requested per incident.
| 25 | | (5) The response was made to an incident involving |
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| 1 | | hazardous materials
facilities such as rolling stock which | 2 | | are not in a terminal and which are
not included on the | 3 | | property tax roles for the jurisdiction where the
incident | 4 | | occurred.
| 5 | | (c) Application for reimbursement from the Fund shall be
| 6 | | made to the State Fire Marshal or his designee. The State Fire | 7 | | Marshal
shall, through rulemaking, promulgate a standard form | 8 | | for such application.
The State Fire Marshal shall adopt rules | 9 | | for the administration of
this Act.
| 10 | | (d) Claims against the Fund shall be reviewed by the | 11 | | Illinois Fire Advisory Commission at its normally scheduled | 12 | | meetings, as the claims are received. The Commission shall be | 13 | | responsible for: | 14 | | (1) reviewing claims made against the Fund and | 15 | | determining reasonable and necessary expenses to be | 16 | | reimbursed for an emergency response agency: | 17 | | (2) affirming that the emergency response agency has | 18 | | made a reasonable effort to recover expended costs from | 19 | | involved parties; and | 20 | | (3) advising the State Fire Marshal as to those claims | 21 | | against the Fund which merit reimbursement. | 22 | | (e) The State Fire Marshal shall either accept or reject | 23 | | the Commission's recommendations as to a claim's eligibility. | 24 | | The eligibility decision of the State Fire Marshal shall be a | 25 | | final administrative decision, and may be reviewed as provided | 26 | | under the Administrative Review Law. |
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| 1 | | (Source: P.A. 93-989, eff. 1-1-05.)
| 2 | | (430 ILCS 55/7 rep.)
| 3 | | Section 155. The Hazardous Material Emergency Response | 4 | | Reimbursement Act is amended by repealing Section 7.
| 5 | | (510 ILCS 15/1 rep.)
| 6 | | Section 160. The Animal Gastroenteritis Act is amended by | 7 | | repealing Section 1. | 8 | | Section 165. The Animal Gastroenteritis Act is amended by | 9 | | changing Section 2 as follows:
| 10 | | (510 ILCS 15/2) (from Ch. 8, par. 204)
| 11 | | Sec. 2.
The Director of Agriculture is authorized to | 12 | | establish within the
Department an Advisory Committee to be | 13 | | known as the Swine Disease Control
Committee. Such committee | 14 | | shall consist of 5 producers of swine, 2
representatives of | 15 | | general farm organizations in the State, one
representative of | 16 | | general swine organizations in the State,
one or more licensed | 17 | | practicing veterinarians,
the State Veterinarian, the Director | 18 | | of the Department of Agriculture's Galesburg Animal Disease | 19 | | Laboratory, the administrator of animal disease programs
the | 20 | | Dean of the College of Veterinary Medicine and the
Dean of the | 21 | | College of Agricultural, Consumer and Environmental Sciences | 22 | | Agriculture of the University of Illinois, the Dean of the |
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| 1 | | College of Agricultural Sciences of Southern Illinois | 2 | | University, the Dean of the School of Agriculture of Western | 3 | | Illinois University, the Chair of the Department of Agriculture | 4 | | of Illinois State University, the
Director of Public Health and | 5 | | the Chairman of the Senate Agriculture and ,
Conservation and | 6 | | Energy Committee of the Senate and the Chairman of the
House | 7 | | Committee on Agriculture
and Conservation Committee of the | 8 | | House . In the appointment of such committee, the Director shall
| 9 | | consult with representative persons and recognized | 10 | | organizations in the
respective fields concerning such | 11 | | appointments of producers and members of
general farm | 12 | | organizations.
| 13 | | The Director is authorized to establish within the | 14 | | Department an
advisory committee to be known as the Cattle | 15 | | Disease Control Research Committee.
Such committee shall | 16 | | consist of 2 representatives of general farm
organizations in | 17 | | the State, one representative of general cattle
organizations | 18 | | in the State, the Dean of the College of Veterinary Medicine
| 19 | | and the Dean of the College of Agricultural, Consumer and | 20 | | Environmental Sciences Agriculture of the University of | 21 | | Illinois,
the Dean of the College of Agricultural Sciences of | 22 | | Southern Illinois University, the Dean of the School of | 23 | | Agriculture of Western Illinois University, the Chair of the | 24 | | Department of Agriculture of Illinois State University, the | 25 | | administrator of animal disease programs and
the Director of | 26 | | Public Health, the Chairman of the Senate Agriculture and ,
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| 1 | | Conservation and Energy Committee
of the Senate and the | 2 | | Chairman of the House Agriculture and Conservation Committee on | 3 | | Agriculture of the
House . Eight additional members | 4 | | representing the following agricultural
interests: feeder | 5 | | cattle, purebred beef cattle, dairy cattle and one or
more | 6 | | licensed practicing veterinarians , the State Veterinarian and | 7 | | the Director of the Department of Agriculture's Galesburg | 8 | | Animal Disease Laboratory . In the appointment of such
| 9 | | committee, the Director shall consult with representative | 10 | | persons and
recognized organizations in the respective fields, | 11 | | producers and members of
general farm organizations.
| 12 | | Meetings shall only occur in the event of a disease | 13 | | outbreak or other significant disease situation. The meetings | 14 | | will be scheduled at the call of From time to time the Director | 15 | | shall consult with the Swine Disease
Control Committee and the | 16 | | Cattle Disease Research Committee to address disease | 17 | | prevention, management, and control in the case of a disease | 18 | | outbreak. The Committees shall receive no compensation but | 19 | | shall be reimbursed for expenses necessarily incurred in the | 20 | | performance of their duties concerning
research projects to be | 21 | | undertaken, the priority of such projects, the
results of such | 22 | | research and the manner in which the results of such
research | 23 | | can be made available to best serve the livestock industry of | 24 | | the
State .
| 25 | | The Director may also consult with such committees | 26 | | concerning problems
arising in the administration of "An Act |
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| 1 | | authorizing and providing for a
cooperative program between | 2 | | United States, state and local agencies, public
and private | 3 | | agencies and organizations and individuals for the control of
| 4 | | starlings, rodents and other injurious predatory animal and | 5 | | bird pests and
making an appropriation therefor", approved | 6 | | August 26, 1963.
| 7 | | (Source: P.A. 85-323.)
| 8 | | Section 170. The Illinois Pseudorabies Control Act is | 9 | | amended by changing Section 5.1 as follows:
| 10 | | (510 ILCS 90/5.1) (from Ch. 8, par. 805.1)
| 11 | | Sec. 5.1. Pseudorabies Advisory Committee. Upon the | 12 | | detection of pseudorabies within the State, the The Director of | 13 | | Agriculture
is authorized to establish
within the Department an | 14 | | advisory committee to be known as the Pseudorabies
Advisory | 15 | | Committee. The Committee Such committee shall consist of, but | 16 | | not be limited
to, representatives of swine producers, general | 17 | | swine organizations within
the State, licensed veterinarians, | 18 | | general farm organizations, auction
markets, the packing | 19 | | industry and the University of Illinois. Members of the | 20 | | Committee shall only be appointed and meet during the timeframe | 21 | | of the detection. The Director
shall, from time to time, | 22 | | consult with the Pseudorabies Advisory Committee
on changes in | 23 | | the pseudorabies control program.
| 24 | | The Director shall appoint a Technical Committee from the |
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| 1 | | membership of
the Pseudorabies Advisory Committee, which shall | 2 | | be comprised of a
veterinarian, a swine extension specialist, | 3 | | and a pork producer. This
committee shall serve as resource | 4 | | persons for the technical aspects of the
herd plans and may | 5 | | advise the Department on procedures to be followed,
timetables | 6 | | for accomplishing the elimination of infection, assist in
| 7 | | obtaining cooperation from swine herd owners, and recommend | 8 | | adjustments in
the approved herd plan as necessary.
| 9 | | These Committee members shall be entitled to reimbursement | 10 | | of
all necessary and actual expenses incurred in the | 11 | | performance of their duties.
| 12 | | (Source: P.A. 89-154, eff. 7-19-95.)
| 13 | | (525 ILCS 25/10 rep.) | 14 | | Section 175. The Illinois Lake Management Program Act is | 15 | | amended by repealing Section 10.
| 16 | | (775 ILCS 20/Act rep.) | 17 | | Section 180. The Defense Contract Employment | 18 | | Discrimination Act is repealed. | 19 | | (815 ILCS 325/6 rep.) | 20 | | Section 185. The Recyclable Metal Purchase Registration | 21 | | Law is amended by repealing Section 6.
| 22 | | Section 999. Effective date. This Act takes effect upon | 23 | | becoming law, except that Section 55 takes effect on January 1, |
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| 1 | | 2015.
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INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 15 ILCS 20/50-5 | | | 4 | | 20 ILCS 415/9 | from Ch. 127, par. 63b109 | | 5 | | 20 ILCS 605/605-345 rep. | | | 6 | | 20 ILCS 605/605-425 rep. | | | 7 | | 20 ILCS 1105/3 | from Ch. 96 1/2, par. 7403 | | 8 | | 20 ILCS 1105/8 rep. | | | 9 | | 20 ILCS 2310/2310-373 rep. | | | 10 | | 20 ILCS 2310/2310-396 rep. | | | 11 | | 20 ILCS 2605/2605-420 rep. | | | 12 | | 20 ILCS 3005/7.3 | | | 13 | | 20 ILCS 3020/805 | | | 14 | | 30 ILCS 105/5.250 rep. | | | 15 | | 30 ILCS 330/13 | from Ch. 127, par. 663 | | 16 | | 30 ILCS 720/Act rep. | | | 17 | | 30 ILCS 750/9-4.5 rep. | | | 18 | | 35 ILCS 200/8-35 | | | 19 | | 35 ILCS 200/17-20 | | | 20 | | 35 ILCS 200/17-40 | | | 21 | | 105 ILCS 410/1 | from Ch. 122, par. 1851 | | 22 | | 110 ILCS 805/2-10 | from Ch. 122, par. 102-10 | | 23 | | 215 ILCS 5/178 rep. | | | 24 | | 215 ILCS 5/Art. XVI rep. | | | 25 | | 215 ILCS 5/Art. XIXB rep. | | |
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| 1 | | 225 ILCS 120/24 rep. | | | 2 | | 225 ILCS 230/1011 | from Ch. 111, par. 7861 | | 3 | | 225 ILCS 401/180 | | | 4 | | 230 ILCS 5/30 | from Ch. 8, par. 37-30 | | 5 | | 235 ILCS 5/6-15 | from Ch. 43, par. 130 | | 6 | | 320 ILCS 65/20 rep. | | | 7 | | 410 ILCS 3/10 rep. | | | 8 | | 410 ILCS 425/Act rep. | | | 9 | | 415 ILCS 5/22.8 | from Ch. 111 1/2, par. 1022.8 | | 10 | | 415 ILCS 60/19.3 | | | 11 | | 415 ILCS 60/22.2 | from Ch. 5, par. 822.2 | | 12 | | 430 ILCS 55/3 | from Ch. 127 1/2, par. 1003 | | 13 | | 430 ILCS 55/4 | from Ch. 127 1/2, par. 1004 | | 14 | | 430 ILCS 55/5 | from Ch. 127 1/2, par. 1005 | | 15 | | 430 ILCS 55/7 rep. | | | 16 | | 510 ILCS 15/1 rep. | | | 17 | | 510 ILCS 15/2 | from Ch. 8, par. 204 | | 18 | | 510 ILCS 90/5.1 | from Ch. 8, par. 805.1 | | 19 | | 525 ILCS 25/10 rep. | | | 20 | | 775 ILCS 20/Act rep. | | | 21 | | 815 ILCS 325/6 rep. | |
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