Full Text of SB3443 98th General Assembly
SB3443ham006 98TH GENERAL ASSEMBLY | Rep. William Davis Filed: 5/29/2014
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| 1 | | AMENDMENT TO SENATE BILL 3443
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3443, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Illinois Governmental Ethics Act is amended | 6 | | by changing Section 3A-40 as follows: | 7 | | (5 ILCS 420/3A-40) | 8 | | Sec. 3A-40. Appointees with expired terms; temporary and | 9 | | acting appointees. | 10 | | (a) A person who is nominated by the Governor on or after | 11 | | August 26, 2011 (the effective date of Public Act 97-582) for | 12 | | any affected office to which appointment requires the advice | 13 | | and consent of the Senate, who is appointed pursuant to that | 14 | | advice and consent, and whose term of office expires on or | 15 | | after August 26, 2011 shall not continue in office longer than | 16 | | 60 calendar days after the expiration of that term of office. |
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| 1 | | After that 60th day, each such office is considered vacant and | 2 | | shall be filled only pursuant to the law applicable to making | 3 | | appointments to that office, subject to the provisions of this
| 4 | | Section. | 5 | | A person who has been nominated by the Governor before | 6 | | August 26, 2011 (the effective date of Public Act 97-582) for | 7 | | any affected office to which appointment requires the advice | 8 | | and consent of the Senate, who has been appointed pursuant to | 9 | | that advice and consent, and whose term of office has expired | 10 | | shall not continue in office longer than 60 calendar days after | 11 | | the date upon which his or her term of office has expired. | 12 | | After that 60 days, each such office is considered vacant and | 13 | | shall be filled only pursuant to the law applicable to making | 14 | | appointments to that office, subject to the provisions of this | 15 | | Section. If the term of office of a person who is subject to | 16 | | this paragraph expires more than 60 calendar days prior to the | 17 | | effective date of this amendatory Act of the 97th General | 18 | | Assembly, then that office is considered vacant on the | 19 | | effective date of this amendatory Act of the 97th General | 20 | | Assembly, and that vacancy shall be filled only pursuant to the | 21 | | law applicable to making appointments to that office. For the | 22 | | purposes of this subsection (a), "affected office" means (i) an | 23 | | office in which one receives any form of compensation, | 24 | | including salary or per diem, but not including expense | 25 | | reimbursement, or (ii) membership on the board of trustees of a | 26 | | public university. |
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| 1 | | (b) A person who is appointed by the Governor on or after | 2 | | August 26, 2011 (the effective date of Public Act 97-582) to | 3 | | serve as a temporary appointee during a recess of the Senate , | 4 | | pursuant to Article V, Section 9(b) of the Illinois | 5 | | Constitution or any other applicable statute, to any office to | 6 | | which appointment requires the advice and consent of the Senate | 7 | | shall not continue in office after the next meeting of the | 8 | | Senate unless the Governor has filed a message with the | 9 | | Secretary of the Senate nominating that person to fill that | 10 | | office on or before that meeting date. After that meeting date, | 11 | | each such office is considered vacant and shall be filled only | 12 | | pursuant to the law applicable to making appointments to that | 13 | | office, subject to the provisions of this
Section. Any
| 14 | | temporary appointment made pursuant to subsection (b) of | 15 | | Section 9 of Article V
of the Illinois Constitution or any | 16 | | applicable statute shall be
filed with the Secretary of State | 17 | | and the Secretary of the
Senate. The form of the temporary | 18 | | appointment message shall be
established by the Senate under | 19 | | its rules. | 20 | | A person who has been appointed by the Governor before | 21 | | August 26, 2011 (the effective date of Public Act 97-582) to | 22 | | serve as a temporary appointee, pursuant to Article V, Section | 23 | | 9(b) of the Illinois Constitution or any other applicable | 24 | | statute, to any office to which appointment requires the advice | 25 | | and consent of the Senate shall not continue in office after | 26 | | August 26, 2011 or the next meeting of the Senate after August |
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| 1 | | 26, 2011, as applicable, unless the Governor has filed a | 2 | | message with the Secretary of the Senate nominating that person | 3 | | to fill that office on or before the next meeting of the Senate | 4 | | after that temporary appointment was made. After that effective | 5 | | date or meeting date, as applicable, each such office is | 6 | | considered vacant and shall be filled only pursuant to the law | 7 | | applicable to making appointments to that office, subject to | 8 | | the provisions of this Section. | 9 | | For the purposes of this subsection (b), a meeting of the | 10 | | Senate does not include a perfunctory session day as designated | 11 | | by the Senate under its rules. For the purposes of this
| 12 | | subsection (b), the Senate is in recess on a day in which it is
| 13 | | not in session and does not include a perfunctory session day
| 14 | | as designated by the Senate under its rules. | 15 | | (c) A person who is designated by the Governor on or after | 16 | | August 26, 2011 (the effective date of Public Act 97-582) to | 17 | | serve as an acting appointee to any office to which appointment | 18 | | requires the advice and consent of the Senate shall not | 19 | | continue in office more than 60 calendar days unless the | 20 | | Governor files a message with the Secretary of the Senate | 21 | | nominating that person to fill that office within that 60 days. | 22 | | After that 60 days, each such office is considered vacant and | 23 | | shall be filled only pursuant to the law applicable to making | 24 | | appointments to that office, subject to the provisions of this
| 25 | | Section. The Governor shall file with the Secretary of the | 26 | | Senate the name of any person who the Governor designates as an |
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| 1 | | acting appointee under this Section. The form of the message | 2 | | designating an appointee as acting shall be established by the | 3 | | Senate under its rules. No person who has been designated by | 4 | | the Governor to serve as an acting appointee to any office to | 5 | | which appointment requires the advice and consent of the Senate | 6 | | shall, except at the Senate's request, be designated again as | 7 | | an acting appointee for that office at the same session of that | 8 | | Senate, subject to the provisions of this Section. | 9 | | A person who has been designated by the Governor before | 10 | | August 26, 2011 (the effective date of Public Act 97-582) to | 11 | | serve as an acting appointee to any office to which appointment | 12 | | requires the advice and consent of the Senate shall not | 13 | | continue in office longer than 60 calendar days after August | 14 | | 26, 2011 unless the Governor has filed a message with the | 15 | | Secretary of the Senate nominating that person to fill that | 16 | | office on or before that 60 days. After that 60 days, each such | 17 | | office is considered vacant and shall be filled only pursuant | 18 | | to the law applicable to making appointments to that office, | 19 | | subject to the provisions of this Section. No person who has | 20 | | been designated by the Governor to serve as an acting appointee | 21 | | to any office to which appointment requires the advice and | 22 | | consent of the Senate shall, except at the Senate's request, be | 23 | | designated again as an acting appointee for that office at the | 24 | | same session of that Senate, subject to the provisions of this | 25 | | Section. | 26 | | During the term of a General Assembly, the Governor may not |
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| 1 | | designate a person to serve as an acting appointee to any | 2 | | office to which appointment requires the advice and consent of | 3 | | the Senate if that person's nomination to serve as the | 4 | | appointee for the same office was rejected by the Senate of the | 5 | | same General Assembly. | 6 | | For the purposes of this subsection (c), "acting appointee" | 7 | | means a person designated by the Governor to serve as an acting | 8 | | director or acting secretary pursuant to Section 5-605 of the | 9 | | Civil Administrative Code of Illinois. "Acting appointee" also | 10 | | means a person designated by the Governor pursuant to any other | 11 | | statute to serve as an acting holder of any office, to execute | 12 | | the duties and functions of any office, or both. | 13 | | (d) The provisions of this Section apply notwithstanding | 14 | | any law to the contrary. However, the provisions of this | 15 | | Section do not apply to appointments made under Article 1A of | 16 | | the Election Code or to the appointment of any person to serve | 17 | | as Director of the Illinois Power Agency.
| 18 | | (Source: P.A. 97-582, eff. 8-26-11; 97-719, eff. 6-29-12.) | 19 | | Section 10. The Personnel Code is amended by changing | 20 | | Section 9 as follows:
| 21 | | (20 ILCS 415/9) (from Ch. 127, par. 63b109)
| 22 | | Sec. 9. Director, powers and duties. The Director, as | 23 | | executive
head of the Department, shall direct and supervise | 24 | | all its
administrative and technical activities. In addition to |
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| 1 | | the duties
imposed upon him elsewhere in this law, it shall be | 2 | | his duty:
| 3 | | (1) To apply and carry out this law and the rules adopted
| 4 | | thereunder.
| 5 | | (2) To attend meetings of the Commission.
| 6 | | (3) To establish and maintain a roster of all employees | 7 | | subject to
this Act, in which there shall be set forth, as to | 8 | | each employee, the
class, title, pay, status, and other | 9 | | pertinent data.
| 10 | | (4) To appoint, subject to the provisions of this Act, such
| 11 | | employees of the Department and such experts and special | 12 | | assistants as
may be necessary to carry out effectively this | 13 | | law.
| 14 | | (5) Subject to such exemptions or modifications as may be | 15 | | necessary
to assure the continuity of federal contributions in | 16 | | those agencies
supported in whole or in part by federal funds, | 17 | | to make appointments to
vacancies; to approve all written | 18 | | charges seeking discharge, demotion,
or other disciplinary | 19 | | measures provided in this Act and to approve
transfers of | 20 | | employees from one geographical area to another in the
State, | 21 | | in offices, positions or places of employment covered by this
| 22 | | Act, after consultation with the operating unit.
| 23 | | (6) To formulate and administer service wide policies and | 24 | | programs
for the improvement of employee effectiveness, | 25 | | including training,
safety, health, incentive recognition, | 26 | | counseling, welfare and employee
relations. The Department |
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| 1 | | shall formulate and administer recruitment
plans and testing of | 2 | | potential employees for agencies having direct
contact with | 3 | | significant numbers of non-English speaking or otherwise
| 4 | | culturally distinct persons. The Department shall require each | 5 | | State agency
to annually assess the need for employees with | 6 | | appropriate bilingual
capabilities to serve the significant | 7 | | numbers of non-English speaking or
culturally distinct | 8 | | persons. The Department shall develop a uniform
procedure for | 9 | | assessing an agency's need for employees with appropriate
| 10 | | bilingual capabilities. Agencies shall establish occupational | 11 | | titles or
designate positions as "bilingual option" for persons | 12 | | having sufficient
linguistic ability or cultural knowledge to | 13 | | be able to render effective
service to such persons. The | 14 | | Department shall ensure that any such option
is exercised | 15 | | according to the agency's needs assessment and the
requirements | 16 | | of this Code. The Department shall make annual reports of the
| 17 | | needs assessment of each agency and the number of positions | 18 | | calling for
non-English linguistic ability to whom vacancy | 19 | | postings were sent, and the
number filled by each agency. Such | 20 | | policies and programs shall be subject
to approval by the | 21 | | Governor. Such policies, program reports and needs
assessment | 22 | | reports shall be filed with the General Assembly
by January 1 | 23 | | of each year and shall be available to the public.
| 24 | | The Department shall include within the report required | 25 | | above
the number of persons receiving the bilingual pay | 26 | | supplement established by
Section 8a.2 of this Code. The report |
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| 1 | | shall provide the number of persons
receiving the bilingual pay | 2 | | supplement for languages other than English and for
signing. | 3 | | The report shall also indicate the number of persons, by the
| 4 | | categories of Hispanic and non-Hispanic, who are receiving the | 5 | | bilingual pay
supplement for language skills other than | 6 | | signing, in a language other than
English.
| 7 | | (7) To conduct negotiations affecting pay, hours of work, | 8 | | or other
working conditions of employees subject to this Act.
| 9 | | (8) To make continuing studies to improve the efficiency of | 10 | | State
services to the residents of Illinois, including but not | 11 | | limited to those
who are non-English speaking or culturally | 12 | | distinct, and to report his
findings and recommendations to the | 13 | | Commission and the Governor.
| 14 | | (9) To investigate from time to time the operation and | 15 | | effect of
this law and the rules made thereunder and to report | 16 | | his findings and
recommendations to the Commission and to the
| 17 | | Governor.
| 18 | | (10) To make an annual report regarding the work of the | 19 | | Department,
and such special reports as he may consider | 20 | | desirable, to the Commission
and to the Governor, or as the | 21 | | Governor or Commission may request.
| 22 | | (11) (Blank). To conduct research and planning regarding | 23 | | the total manpower
needs of all offices, including the | 24 | | Lieutenant Governor, Secretary of
State, State Treasurer, | 25 | | State Comptroller, State Superintendent of
Education, and | 26 | | Attorney General, and of all departments, agencies,
boards, and |
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| 1 | | commissions of the executive branch, except state-supported
| 2 | | colleges and universities, and for that purpose to prescribe | 3 | | forms for
the reporting of such personnel information as the | 4 | | department may
request both for positions covered by this Act | 5 | | and for those exempt in
whole or in part.
| 6 | | (12) To prepare and publish a semi-annual statement showing | 7 | | the
number of employees exempt and non-exempt from merit | 8 | | selection in each
department. This report shall be in addition | 9 | | to other information on
merit selection maintained for public | 10 | | information under existing law.
| 11 | | (13) To authorize in every department or agency subject to
| 12 | | Jurisdiction C the use of flexible hours positions. A flexible | 13 | | hours
position is one that does not require an ordinary work | 14 | | schedule as
determined by the Department and includes but is | 15 | | not limited to: 1) a
part time job of 20 hours or more per week, | 16 | | 2) a job which is shared by
2 employees or a compressed work | 17 | | week consisting of an ordinary number
of working hours | 18 | | performed on fewer than the number of days ordinarily
required | 19 | | to perform that job. The Department may define flexible time
to | 20 | | include other types of jobs that are defined above.
| 21 | | The Director and the director of each department or agency | 22 | | shall
together establish goals for flexible hours positions to | 23 | | be available in
every department or agency.
| 24 | | The Department shall give technical assistance to | 25 | | departments and
agencies in achieving their goals, and shall | 26 | | report to the Governor and
the General Assembly each year on |
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| 1 | | the progress of each department and
agency.
| 2 | | When a goal of 10% of the positions in a department or | 3 | | agency being
available on a flexible hours basis has been | 4 | | reached, the Department
shall evaluate the effectiveness and | 5 | | efficiency of the program and
determine whether to expand the | 6 | | number of positions available for
flexible hours to 20%.
| 7 | | When a goal of 20% of the positions in a department or | 8 | | agency being
available on a flexible hours basis has been | 9 | | reached, the Department
shall evaluate the effectiveness and | 10 | | efficiency of the program and
determine whether to expand the | 11 | | number of positions available for
flexible hours.
| 12 | | Each department shall develop a plan for implementation of | 13 | | flexible
work requirements designed to reduce the need for day | 14 | | care of employees'
children outside the home. Each department | 15 | | shall submit a report of its
plan to the Department of Central | 16 | | Management Services and the General
Assembly. This report shall | 17 | | be submitted biennially by March 1, with the
first report due | 18 | | March 1, 1993.
| 19 | | (14) To perform any other lawful acts which he may consider
| 20 | | necessary or desirable to carry out the purposes and provisions | 21 | | of this
law.
| 22 | | The requirement for reporting to the General Assembly shall | 23 | | be satisfied
by filing copies of the report with the Speaker, | 24 | | the Minority Leader and
the Clerk of the House of | 25 | | Representatives and the President, the Minority
Leader and the | 26 | | Secretary of the Senate and the Legislative Research
Unit, as |
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| 1 | | required by Section 3.1 of "An Act to revise the law in | 2 | | relation
to the General Assembly", approved February 25, 1874, | 3 | | as amended, and
filing such additional copies with the State | 4 | | Government Report Distribution
Center for the General Assembly | 5 | | as is required under paragraph (t) of
Section 7 of the State | 6 | | Library Act.
| 7 | | (Source: P.A. 86-1004; 87-552; 87-1050.)
| 8 | | (20 ILCS 605/605-345 rep.)
| 9 | | Section 15. The Department of Commerce and Economic | 10 | | Opportunity Law of the
Civil Administrative Code of Illinois is | 11 | | amended by repealing Section 605-345. | 12 | | Section 20. The Illinois Commission on Volunteerism and | 13 | | Community Service Act is amended by changing Sections 1, 2, 4, | 14 | | 5.1, 6.1, and 7 and by adding Sections 4.1 and 4.2 as follows:
| 15 | | (20 ILCS 710/1) (from Ch. 127, par. 3801)
| 16 | | Sec. 1. Creation. There is created in the Department of | 17 | | Public Health Human Services the
Illinois Commission on | 18 | | Volunteerism and Community
Service.
| 19 | | (Source: P.A. 91-798, eff. 7-9-00.)
| 20 | | (20 ILCS 710/2) (from Ch. 127, par. 3802)
| 21 | | Sec. 2. Purpose. The purpose of the Illinois Commission on
| 22 | | Volunteerism and Community Service is to promote and support |
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| 1 | | community
service in public and
private programs to meet the | 2 | | needs of Illinois residents citizens ; to stimulate new
| 3 | | volunteerism and community service initiatives and | 4 | | partnerships; and to
serve as a resource and advocate among all | 5 | | State agencies within the Department of Human Services for
| 6 | | community service agencies, volunteers, and programs which
| 7 | | utilize federal, State , and private volunteers.
| 8 | | (Source: P.A. 91-798, eff. 7-9-00.)
| 9 | | (20 ILCS 710/4) (from Ch. 127, par. 3804)
| 10 | | Sec. 4. Operation. The
Governor shall appoint a Director
of | 11 | | the Commission on Volunteerism and Community
Service who shall
| 12 | | serve
at the Governor's pleasure
and who shall receive such | 13 | | compensation
as is determined by
the Governor. The Director | 14 | | shall
employ such staff as is necessary to
carry out the | 15 | | purpose of this Act. The Commission, working
in cooperation | 16 | | with State agencies, individuals, local groups, and
| 17 | | organizations
throughout the State, may undertake programs and | 18 | | activities which further the
purposes of this Act , including, | 19 | | but not limited to, the following:
| 20 | | (a) providing technical assistance to programs which | 21 | | depend upon
volunteers;
| 22 | | (b) initiating community service programs to meet
| 23 | | previously unmet needs in Illinois;
| 24 | | (c) promoting and coordinating efforts to expand and | 25 | | improve the
statewide community service network;
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| 1 | | (d) recognizing outstanding community service
| 2 | | accomplishments;
| 3 | | (e) disseminating information to support community | 4 | | service programs and to
broaden community service
| 5 | | involvement throughout the State;
| 6 | | (f) implementing federally funded grant programs in | 7 | | Illinois such as the
National and Community Service Trust | 8 | | Act , as amended by the Serve America Act; .
| 9 | | (g) taking an active role in the State's emergency | 10 | | management plan to coordinate volunteers for disaster | 11 | | preparedness and response; | 12 | | (h) promoting intergenerational initiatives and | 13 | | efforts to promote inclusion among diverse populations; | 14 | | and | 15 | | (i) fostering an environment that promotes social | 16 | | innovation throughout the State. | 17 | | The Commission may receive and expend funds, grants and
| 18 | | services from any source for purposes reasonable and necessary | 19 | | to carry out a
coordinated plan of community service
throughout | 20 | | the State.
| 21 | | (Source: P.A. 91-798, eff. 7-9-00.)
| 22 | | (20 ILCS 710/4.1 new) | 23 | | Sec. 4.1. Illinois Service Education Award Grant. The | 24 | | Commission may, subject to appropriation, award an Illinois | 25 | | Service Education Award Grant to recipients of a national |
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| 1 | | service educational award established under 42 U.S.C. 12602 and | 2 | | awarded by the Corporation for National Community Service. The | 3 | | grant must be awarded only as a partial matching grant.
An | 4 | | individual who successfully completes a required term of | 5 | | full-time national service in an approved national service | 6 | | position in this State may apply to receive an Illinois Service | 7 | | Education Award Grant. The Commission shall adopt rules to | 8 | | govern the process for applying for the grant and for | 9 | | determining the amount of the grant and any other rules | 10 | | necessary to implement and administer this Section. | 11 | | An Illinois Service Education Award Grant may be used for | 12 | | any of the following purposes: | 13 | | (1) To repay student loans associated with attending an | 14 | | Illinois institution of higher learning, as defined in the | 15 | | Higher Education Student Assistance Act. | 16 | | (2) To pay all or part of the cost of attendance at an | 17 | | Illinois institution of higher learning, as defined in the | 18 | | Higher Education Student Assistance Act. | 19 | | (3) To pay expenses incurred in participating in an | 20 | | approved Illinois school-to-work program. | 21 | | (4) Any other purpose for which the national service | 22 | | educational award may lawfully be used. | 23 | | (20 ILCS 710/4.2 new) | 24 | | Sec. 4.2. Receiving and expending funds. The Commission may | 25 | | receive and expend funds, grants, and services from any source |
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| 1 | | for purposes reasonable and necessary to carry out a | 2 | | coordinated plan of community service throughout the State.
| 3 | | (20 ILCS 710/5.1)
| 4 | | Sec. 5.1. Commission. The Commission is established to | 5 | | encourage
community service and volunteer participation as a | 6 | | means of community and State
problem-solving; to promote and | 7 | | support voluntary resident citizen involvement in
government | 8 | | and private programs throughout the State; to develop a | 9 | | long-term,
comprehensive vision and plan of action for national | 10 | | volunteerism and
community service
initiatives in Illinois; | 11 | | and to serve as the State's liaison to national and
State | 12 | | organizations that support its mission.
| 13 | | The Commission shall consist of 15 to 25 bipartisan voting | 14 | | members and
up to 15
bipartisan nonvoting members. At least 25% | 15 | | of the members must be from
the City of Chicago.
| 16 | | The Governor shall appoint up to 25 voting members and up | 17 | | to 15
nonvoting members. Of
those initial 25 voting members, 10 | 18 | | shall serve for 3 years, 8 shall serve for
2 years, and 7 shall | 19 | | serve for one year. Voting members appointed by the
Governor | 20 | | shall include at least one representative of the following: an | 21 | | expert
in the education, training, and development needs of | 22 | | youth; an expert in philanthropy the chairman of the
City | 23 | | Colleges of a municipality having a population of more than 2 | 24 | | million ; a representative of
labor organizations; a | 25 | | representative of business; a representative of |
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| 1 | | community-based the human services department of a | 2 | | municipality
with a population of more than 2 million; | 3 | | community based organizations; the
State Superintendent of | 4 | | Education; the Superintendent of Police of a
municipality | 5 | | having a population of more than 2 million; a youth between 16 | 6 | | and
25 years old who is a participant or supervisor in a | 7 | | community service program;
the President of a County Board of a | 8 | | county having a population of more than 3
million; an expert in | 9 | | older adult volunteerism; a representative of persons with | 10 | | disabilities the public health commissioner
of a municipality | 11 | | having a population of more than 2 million ; a representative of | 12 | | local government;
and a representative of a national service | 13 | | program. A representative of the
federal Corporation for | 14 | | National Service shall be appointed as a nonvoting
member.
| 15 | | Appointing authorities shall ensure, to the maximum extent | 16 | | practicable, that
the Commission is diverse with respect to | 17 | | race, ethnicity, age, gender,
geography, and disability. Not | 18 | | more than 50% of the Commission appointed by
the Governor may | 19 | | be from the same political party.
| 20 | | Subsequent voting members of the Commission shall serve | 21 | | 3-year terms.
Commissioners must be allowed to serve until new | 22 | | commissioners are appointed
in order to maintain the federally | 23 | | required number of commissioners.
| 24 | | Each nonvoting member shall serve at the pleasure of the | 25 | | Governor.
| 26 | | Members of the Commission may not serve more than 3 |
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| 1 | | consecutive
terms.
Vacancies shall be filled in the same manner | 2 | | as the original appointments and
any member so appointed shall | 3 | | serve during the remainder of the term for which
the vacancy | 4 | | occurred. The
members shall not receive any compensation but | 5 | | shall
be reimbursed for necessary expenses incurred in the | 6 | | performance of their
duties.
| 7 | | (Source: P.A. 91-798, eff. 7-9-00.)
| 8 | | (20 ILCS 710/6.1)
| 9 | | Sec. 6.1. Functions of Commission. The Commission shall | 10 | | meet at least
quarterly and shall advise and consult with the | 11 | | Department of Public Health and the Governor's Office Human
| 12 | | Services and the
Director on all matters relating to community | 13 | | service in Illinois. In
addition, the Commission shall have the | 14 | | following duties:
| 15 | | (a) prepare a 3-year State national and community
service | 16 | | plan, developed through an open,
public process and updated | 17 | | annually;
| 18 | | (b) prepare the financial assistance applications of the | 19 | | State under
the National and Community Service Trust Fund Act | 20 | | of 1993 , as amended by the Serve America Act ;
| 21 | | (c) assist in the preparation of the application by the | 22 | | State Board of
Education for assistance under that Act;
| 23 | | (d) prepare the State's application under that Act for the | 24 | | approval of
national service positions;
| 25 | | (e) assist in the provision of health care and child care |
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| 1 | | benefits under
that Act;
| 2 | | (f) develop a State recruitment, placement, and | 3 | | information dissemination
system for participants in programs | 4 | | that receive assistance under the national
service laws;
| 5 | | (g) administer the State's grant program including | 6 | | selection, oversight, and
evaluation of grant recipients;
| 7 | | (h) make technical assistance available to enable | 8 | | applicants to plan and
implement service programs and to apply | 9 | | for assistance under the national
service laws;
| 10 | | (i) develop projects, training methods, curriculum | 11 | | materials, and other
activities related to service;
| 12 | | (j) coordinate its functions with any division of the | 13 | | federal
Corporation for National and Community Service | 14 | | outlined in the
National and Community Service Trust Fund Act | 15 | | of 1993 , as amended by the Serve America Act .
| 16 | | (k) publicize Commission services and promote community
| 17 | | involvement in the
activities of the Commission;
| 18 | | (l) promote increased visibility and support for | 19 | | volunteers of all ages,
especially youth and senior citizens,
| 20 | | and community
service in meeting the needs of Illinois | 21 | | residents citizens ; and
| 22 | | (m) represent the Department of Public Health and the | 23 | | Governor's Office Human Services on such occasions and in such | 24 | | manner as
the Department may provide.
| 25 | | (Source: P.A. 91-798, eff. 7-9-00.)
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| 1 | | (20 ILCS 710/7)
| 2 | | Sec. 7. Program transfer. On the effective date of this | 3 | | amendatory Act of the 98th General Assembly this amendatory Act | 4 | | of the 91st General
Assembly , the
authority, powers, and duties | 5 | | in this Act of the Department of Human Services Commerce and
| 6 | | Community Affairs (now Department of Commerce and Economic | 7 | | Opportunity) are
transferred to the Department of Public Health | 8 | | Human Services .
| 9 | | (Source: P.A. 94-793, eff. 5-19-06.)
| 10 | | Section 25. The Energy Conservation and Coal Development | 11 | | Act is amended by changing Section 3 as follows:
| 12 | | (20 ILCS 1105/3) (from Ch. 96 1/2, par. 7403)
| 13 | | Sec. 3. Powers and Duties.
| 14 | | (a) In addition to its other powers, the Department has the | 15 | | following
powers:
| 16 | | (1) To administer for the State any energy programs and | 17 | | activities
under federal law, regulations or guidelines, | 18 | | and to coordinate such
programs and activities with other | 19 | | State agencies, units of local
government, and educational | 20 | | institutions.
| 21 | | (2) To represent the State in energy matters involving | 22 | | the federal
government, other states, units of local | 23 | | government, and regional
agencies.
| 24 | | (3) To prepare energy contingency plans for |
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| 1 | | consideration by the
Governor and the General Assembly. | 2 | | Such plans shall include procedures
for determining when a | 3 | | foreseeable danger exists of energy shortages,
including | 4 | | shortages of petroleum, coal, nuclear power, natural gas, | 5 | | and
other forms of energy, and shall specify the actions to | 6 | | be taken to
minimize hardship and maintain the general | 7 | | welfare during such energy
shortages.
| 8 | | (4) To cooperate with State colleges and universities | 9 | | and their
governing boards in energy programs and | 10 | | activities.
| 11 | | (5) (Blank).
| 12 | | (6) To accept, receive, expend, and administer, | 13 | | including by
contracts and grants to other State agencies, | 14 | | any energy-related gifts,
grants, cooperative agreement | 15 | | funds, and other funds made available to
the Department by | 16 | | the federal government and other public and private
| 17 | | sources.
| 18 | | (7) To investigate practical problems, seek and | 19 | | utilize financial
assistance, implement studies and | 20 | | conduct research relating to the
production, distribution | 21 | | and use of alcohol fuels.
| 22 | | (8) To serve as a clearinghouse for information on | 23 | | alcohol production
technology; provide assistance, | 24 | | information and data relating to the production
and use of | 25 | | alcohol; develop informational packets and brochures, and | 26 | | hold
public seminars to encourage the development and |
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| 1 | | utilization of the best
available technology.
| 2 | | (9) To coordinate with other State agencies in order to | 3 | | promote the
maximum flow of information and to avoid | 4 | | unnecessary overlapping of alcohol
fuel programs. In order | 5 | | to effectuate this goal, the Director of the
Department or | 6 | | his representative shall consult with the Directors, or | 7 | | their
representatives, of the Departments of Agriculture, | 8 | | Central Management
Services, Transportation, and Revenue, | 9 | | the
Office of the State Fire Marshal, and the Environmental | 10 | | Protection Agency.
| 11 | | (10) To operate, within the Department, an Office of | 12 | | Coal Development
and Marketing for the promotion and | 13 | | marketing of Illinois coal both
domestically and | 14 | | internationally. The Department may use monies | 15 | | appropriated
for this purpose for necessary administrative | 16 | | expenses.
| 17 | | The
Office of Coal Development and Marketing shall | 18 | | develop and implement an
initiative to assist the coal | 19 | | industry in Illinois to increase its share of the
| 20 | | international coal market.
| 21 | | (11) To assist the Department of Central Management | 22 | | Services in
establishing and maintaining a system to | 23 | | analyze and report energy
consumption of facilities leased | 24 | | by the Department of Central Management
Services.
| 25 | | (12) To consult with the Departments of Natural | 26 | | Resources and
Transportation and the Illinois |
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| 1 | | Environmental
Protection Agency for the purpose of | 2 | | developing methods and standards that
encourage the | 3 | | utilization of coal combustion by-products as value added
| 4 | | products in productive and benign applications.
| 5 | | (13) To provide technical assistance and information | 6 | | to
sellers and distributors of storage hot water heaters | 7 | | doing business in
Illinois, pursuant to Section 1 of the | 8 | | Hot Water Heater Efficiency Act.
| 9 | | (b) (Blank).
| 10 | | (c) (Blank).
| 11 | | (d) The Department shall develop a package of educational | 12 | | materials
containing information regarding the necessity of | 13 | | waste reduction and recycling to reduce
dependence on landfills | 14 | | and to maintain environmental quality. The
Department shall | 15 | | make this information available to the public on its website | 16 | | and for schools to access for their development of materials . | 17 | | Those materials developed shall be suitable for instructional | 18 | | use in grades 3, 4
and 5. The Department shall distribute such | 19 | | instructional material to all
public elementary and unit school | 20 | | districts no later than November 1, of
each year.
| 21 | | (e) (Blank).
| 22 | | (f) (Blank).
| 23 | | (g) (Blank).
| 24 | | (h) (Blank).
| 25 | | (i) (Blank).
| 26 | | (Source: P.A. 98-44, eff. 6-28-13.)
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| 1 | | (20 ILCS 2310/2310-373 rep.)
| 2 | | (20 ILCS 2310/2310-396 rep.)
| 3 | | Section 30. The Department of Public Health Powers and | 4 | | Duties Law of the
Civil Administrative Code of Illinois is | 5 | | amended by repealing Sections 2310-373 and 2310-396. | 6 | | Section 35. The Governor's Office of Management and Budget | 7 | | Act is amended by changing Section 7.3 as follows: | 8 | | (20 ILCS 3005/7.3) | 9 | | Sec. 7.3. Annual economic and fiscal policy report. No | 10 | | later than the 3rd business day in By January 1 of each year, | 11 | | the Governor's Office of Management and Budget shall submit an | 12 | | economic and fiscal policy report to the General Assembly. The | 13 | | report must outline the long-term economic and fiscal policy | 14 | | objectives of the State, the economic and fiscal policy | 15 | | intentions for the upcoming fiscal year, and the economic and | 16 | | fiscal policy intentions for the following 2 fiscal years. The | 17 | | report must highlight the total level of revenue, expenditure, | 18 | | deficit or surplus, and debt with respect to each of the | 19 | | reporting categories. The report must be posted on the Office's | 20 | | Internet website and allow members of the public to post | 21 | | comments concerning the report.
| 22 | | (Source: P.A. 96-1354, eff. 7-28-10.) |
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| 1 | | Section 40. The Capital Spending Accountability Law is | 2 | | amended by changing Section 805 as follows: | 3 | | (20 ILCS 3020/805)
| 4 | | Sec. 805. Reports on capital spending. On the first day of | 5 | | each quarterly period in each fiscal year, the Governor's | 6 | | Office of Management and Budget shall provide to the | 7 | | Comptroller, the Treasurer, the President and the Minority | 8 | | Leader of the Senate, and the Speaker and the Minority Leader | 9 | | of the House of Representatives a report on the status of all | 10 | | capital projects in the State. The report may must be provided | 11 | | in both written and electronic format. The report must include | 12 | | all of the following: | 13 | | (1) A brief description or stated purpose of each | 14 | | capital project where applicable (as referred to in this | 15 | | Section, "project"). | 16 | | (2) The amount and source of funds (whether from bond | 17 | | funds or other revenues) appropriated for each project, | 18 | | organized into categories including roads, mass transit, | 19 | | schools, environment, civic centers and other categories | 20 | | as applicable (as referred to in this Section, "category or | 21 | | categories"), with subtotals for each category. | 22 | | (3) The date the appropriation bill relating to each | 23 | | project was signed by the Governor, organized into | 24 | | categories. | 25 | | (4) The date the written release of the Governor for |
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| 1 | | each project was submitted to the Comptroller or is | 2 | | projected to be submitted and, if a release for any project | 3 | | has not been submitted within 6 months after its | 4 | | appropriation became law, an explanation why the project | 5 | | has not yet been released, all organized into categories. | 6 | | (5) The amount of expenditures to date by the State | 7 | | relating to each project and estimated amount of total | 8 | | State expenditures and proposed schedule of future State | 9 | | expenditures relating to each project, all organized into | 10 | | categories. | 11 | | (6) A timeline for completion of each project, | 12 | | including the dates, if applicable, of execution by the | 13 | | State of any grant agreement, any required engineering or | 14 | | design work or environmental approvals, and the estimated | 15 | | or actual dates of the start and completion of | 16 | | construction, all organized into categories. Any | 17 | | substantial variances on any project from this reported | 18 | | timeline must be explained in the next quarterly report. | 19 | | (7) A summary report of the status of all projects, | 20 | | including the amount of undisbursed funds intended to be | 21 | | held or used in the next quarter.
| 22 | | (Source: P.A. 96-34, eff. 7-13-09.) | 23 | | Section 45. The General Assembly Operations Act is amended | 24 | | by changing Section 2 as follows:
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| 1 | | (25 ILCS 10/2) (from Ch. 63, par. 23.2)
| 2 | | Sec. 2.
The Speaker of the House and the President of the | 3 | | Senate, and the
Chairman and members of the Senate Committee on | 4 | | Committees shall be
considered as holding continuing offices | 5 | | until their respective successors
are elected and qualified.
| 6 | | In the event of death or resignation of the Speaker of the | 7 | | House or of
the President of the Senate after the sine die | 8 | | adjournment of the session
of the General Assembly at which he | 9 | | was elected, the powers held by him
shall pass respectively to | 10 | | the Majority Leader of the House of
Representatives or to the | 11 | | Assistant Majority Leader of the Senate who, for
the purposes | 12 | | of such powers shall be considered as holding continuing
| 13 | | offices until his respective successors are elected and | 14 | | qualified.
| 15 | | (Source: P.A. 78-10.)
| 16 | | Section 50. The General Assembly Compensation Act is | 17 | | amended by changing Section 4.1 as follows:
| 18 | | (25 ILCS 115/4.1) (from Ch. 63, par. 15.2)
| 19 | | Sec. 4.1.
Payment techniques and procedures shall be | 20 | | according
to rules made by the Senate Committee on Assignment | 21 | | of Bills Operations Commission or the Rules Committee of the | 22 | | House,
as the case may be.
| 23 | | (Source: P.A. 79-806; 79-1023; 79-1454.)
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| 1 | | Section 55. The Legislative Commission Reorganization Act | 2 | | of 1984 is amended by changing Sections 1-5 and 8A-15 as | 3 | | follows: | 4 | | (25 ILCS 130/1-5) (from Ch. 63, par. 1001-5) | 5 | | Sec. 1-5. Composition of agencies; directors.
| 6 | | (a) (1) Each legislative support services agency listed
in | 7 | | Section 1-3 is hereafter in this Section referred to as the | 8 | | Agency.
| 9 | | (2) (Blank).
| 10 | | (2.1) (Blank). | 11 | | (2.5) The Board of the Office of the Architect of the | 12 | | Capitol shall
consist of
the
Secretary and Assistant Secretary | 13 | | of the Senate and the Clerk and Assistant
Clerk of the House of | 14 | | Representatives.
When the Board has cast a tied vote concerning | 15 | | the design, implementation, or construction of a project within | 16 | | the legislative complex, as defined in Section 8A-15, the | 17 | | Architect of the Capitol may cast the tie-breaking vote. | 18 | | The Boards of the Joint Committee on Administrative Rules, | 19 | | the Commission on Government Forecasting and Accountability, | 20 | | the Legislative Audit Committee, and the Legislative Research | 21 | | Unit (3) The other legislative support services agencies shall | 22 | | each
consist of 12 members of the General Assembly, of whom 3 | 23 | | shall be appointed by
the President of the Senate, 3 shall be | 24 | | appointed by the Minority Leader of the
Senate, 3 shall be | 25 | | appointed by the Speaker of the House of Representatives,
and 3 |
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| 1 | | shall be appointed by the Minority Leader of the House of
| 2 | | Representatives. All appointments shall be in writing and filed | 3 | | with the
Secretary of State as a public record.
| 4 | | Members shall serve a 2-year term, and must be appointed by
| 5 | | the Joint
Committee during the month of January in each | 6 | | odd-numbered year for terms
beginning February 1. Any vacancy | 7 | | in an Agency shall be filled by appointment
for the balance of | 8 | | the term in the same manner as the original appointment. A
| 9 | | vacancy shall exist when a member no longer holds the elected | 10 | | legislative
office held at the time of the appointment or at | 11 | | the termination of the
member's legislative service.
| 12 | | During the month of February of each odd-numbered year, the | 13 | | Joint Committee on Legislative Support Services shall select | 14 | | from the members of the Board of each Agency 2 co-chairpersons | 15 | | and such other officers as the Joint Committee deems necessary. | 16 | | The co-chairpersons of each Board shall serve for a 2-year | 17 | | term, beginning February 1 of the odd-numbered year, and the 2 | 18 | | co-chairpersons shall not be members of or identified with the | 19 | | same house or the same political party. | 20 | | Each Board shall meet twice annually or more often upon the | 21 | | call of the chair or any 9 members. A quorum of the Board shall | 22 | | consist of a majority of the appointed members. | 23 | | (b) The Board of each of the following legislative support | 24 | | agencies shall consist of the Secretary and Assistant Secretary | 25 | | of the Senate and the Clerk and Assistant Clerk of the House of | 26 | | Representatives: the Legislative Information System, the |
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| 1 | | Legislative Printing Unit, the Legislative Reference Bureau, | 2 | | and the Office of the Architect of the Capitol. The | 3 | | co-chairpersons of the Board of the Office of the Architect of | 4 | | the Capitol shall be the Secretary of the Senate and the Clerk | 5 | | of the House of Representatives, each ex officio. (Blank) .
| 6 | | The Chairperson of each of the other Boards shall be the | 7 | | member who is affiliated with the same caucus as the then | 8 | | serving Chairperson of the Joint Committee on Legislative | 9 | | Support Services. Each Board shall meet twice annually or more | 10 | | often upon the call of the chair or any 3 members. A quorum of | 11 | | the Board shall consist of a majority of the appointed members. | 12 | | When the Board of the Office of the Architect of the | 13 | | Capitol has cast a tied vote concerning the design, | 14 | | implementation, or construction of a project within the | 15 | | legislative complex, as defined in Section 8A-15, the Architect | 16 | | of the Capitol may cast the tie-breaking vote. | 17 | | (c) (Blank). During the month
of February of each | 18 | | odd-numbered year, the Joint Committee on
Legislative
Support | 19 | | Services shall select from the members of each agency, other | 20 | | than the
Office of the Architect of the Capitol, 2 co-chairmen | 21 | | and such
other officers as the Joint Committee deems necessary.
| 22 | | The
co-chairmen of each Agency shall serve for a 2-year term,
| 23 | | beginning February
1 of the odd-numbered year, and the 2 | 24 | | co-chairmen shall not be members of or
identified with the same | 25 | | house or the same political party. The co-chairmen
of the Board | 26 | | of the Office of the Architect of the Capitol shall be the
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| 1 | | Secretary of the Senate and the Clerk of the House of | 2 | | Representatives, each ex
officio.
| 3 | | Each Agency shall meet twice annually or more often upon | 4 | | the call of the
chair or any 9 members (or any 3 members in the | 5 | | case of the Office of the
Architect of the Capitol). A quorum | 6 | | of the Agency shall consist of a
majority of
the appointed | 7 | | members.
| 8 | | (d) Members of each Agency shall serve without | 9 | | compensation, but shall be
reimbursed for expenses incurred in | 10 | | carrying out the duties of the Agency
pursuant to rules and | 11 | | regulations adopted by the Joint Committee on
Legislative | 12 | | Support Services.
| 13 | | (e) Beginning February 1, 1985, and every 2 years | 14 | | thereafter,
the Joint
Committee shall select an Executive | 15 | | Director who shall be the chief
executive officer and staff | 16 | | director of each Agency. The Executive Director
shall receive a | 17 | | salary as fixed by the Joint Committee and shall be authorized
| 18 | | to employ and fix the compensation of necessary professional, | 19 | | technical
and secretarial staff and prescribe their duties, | 20 | | sign contracts, and issue
vouchers for the payment of | 21 | | obligations pursuant to rules and regulations
adopted by the | 22 | | Joint Committee on Legislative Support Services. The
Executive | 23 | | Director and other employees of the Agency shall not be subject
| 24 | | to the Personnel Code.
| 25 | | The executive director of the Office of the Architect of | 26 | | the Capitol shall
be known as the Architect of the Capitol.
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| 1 | | (Source: P.A. 96-959, eff. 7-1-10.) | 2 | | (25 ILCS 130/8A-15)
| 3 | | Sec. 8A-15. Master plan. | 4 | | (a) The term "legislative complex" means (i) the buildings | 5 | | and facilities
located in Springfield, Illinois, and occupied | 6 | | in whole or in part by the
General Assembly or any of its | 7 | | support service agencies, (ii) the grounds,
walkways, and | 8 | | tunnels surrounding or connected to those buildings and
| 9 | | facilities, and (iii) the off-street parking areas serving | 10 | | those buildings and
facilities.
| 11 | | (b) The Architect of the Capitol shall prepare and | 12 | | implement a long-range
master plan of development for the State | 13 | | Capitol Building , and the remaining
portions of the legislative | 14 | | complex , and the land and State buildings and facilities within | 15 | | the area bounded by Washington, Third, Cook, and Pasfield | 16 | | Streets that addresses the
improvement, construction, historic | 17 | | preservation, restoration, maintenance,
repair, and | 18 | | landscaping needs of these State buildings and facilities and | 19 | | the land the State Capitol Building and the remaining
portions | 20 | | of the
legislative complex . The Architect of the
Capitol shall | 21 | | submit the master plan to the Capitol Historic Preservation | 22 | | Board
for its review and comment. The Board must confine its | 23 | | review and comment to
those portions of the master plan that | 24 | | relate to areas of the legislative
complex other than the State | 25 | | Capitol Building. The Architect may incorporate
suggestions of |
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| 1 | | the
Board into the master plan. The master plan must be | 2 | | submitted to and approved
by the Board of the Office of the | 3 | | Architect of the Capitol before its
implementation.
| 4 | | The Architect of the Capitol may change the master plan and | 5 | | shall submit
changes in the master plan that relate to areas of | 6 | | the legislative complex
other than the State Capitol Building | 7 | | to the Capitol Historic Preservation
Board for its
review and | 8 | | comment. All changes in the master plan must be submitted to | 9 | | and
approved by the Board of the Office of the Architect of the | 10 | | Capitol
before implementation.
| 11 | | (c) The Architect of the Capitol must review the master | 12 | | plan every 5 years
or at the direction of the Board of the | 13 | | Office of the Architect of the Capitol.
Changes in the master | 14 | | plan resulting from this review must be made in
accordance with | 15 | | the procedure provided in subsection (b).
| 16 | | (d) Notwithstanding any other law to the contrary, the | 17 | | Architect of the
Capitol has the sole authority to contract for | 18 | | all
materials and services necessary for the implementation of | 19 | | the master plan.
The
Architect (i) may comply with the | 20 | | procedures established by the Joint Committee
on Legislative | 21 | | Support Services under Section 1-4 or (ii) upon approval of the
| 22 | | Board of the Office of the Architect of the Capitol, may, but | 23 | | is not required
to,
comply with a portion or all of the | 24 | | Illinois Procurement Code when entering
into contracts under | 25 | | this subsection. The Architect's compliance with the
Illinois | 26 | | Procurement Code shall not be construed to subject the |
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| 1 | | Architect or
any other entity of the legislative branch to the | 2 | | Illinois Procurement Code
with respect to any other contract.
| 3 | | The Architect may enter into agreements with other State | 4 | | agencies for the
provision of materials or performance of | 5 | | services necessary for the
implementation of the master plan.
| 6 | | State officers and agencies providing normal, day-to-day | 7 | | repair,
maintenance, or
landscaping or providing security, | 8 | | commissary, utility, parking, banking, tour
guide, event | 9 | | scheduling, or other operational services for buildings and
| 10 | | facilities within the legislative complex
immediately prior
to | 11 | | the effective date of this amendatory Act of the 93rd General | 12 | | Assembly shall
continue
to provide that normal, day-to-day | 13 | | repair, maintenance, or landscaping or those
services on the
| 14 | | same
basis, whether by contract or employees, that the repair, | 15 | | maintenance,
landscaping, or services were
provided | 16 | | immediately prior to the effective date of this amendatory Act | 17 | | of the
93rd
General Assembly, subject to the provisions of the | 18 | | master plan and as otherwise
directed by the Architect of the | 19 | | Capitol.
| 20 | | (e) The Architect of the Capitol shall monitor | 21 | | construction, preservation,
restoration, maintenance, repair, | 22 | | and landscaping work in the legislative
complex and | 23 | | implementation of the master plan, as well as all other | 24 | | activities that alter the historic integrity of the
legislative | 25 | | complex and the other land and State buildings and facilities | 26 | | in the master plan .
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| 1 | | (Source: P.A. 93-632, eff. 2-1-04.)
| 2 | | (30 ILCS 105/5.250 rep.)
| 3 | | Section 60. The State Finance Act is amended by repealing | 4 | | Section 5.250. | 5 | | Section 65. The Adult Education Reporting Act is amended by | 6 | | changing Section 1 as follows:
| 7 | | (105 ILCS 410/1) (from Ch. 122, par. 1851)
| 8 | | Sec. 1. As used in this Act, "agency" means: the | 9 | | Departments of
Corrections, Public Aid, Commerce and Economic | 10 | | Opportunity, Human Services, and
Public Health; the Secretary | 11 | | of State;
the Illinois Community College Board; and the | 12 | | Administrative Office of the
Illinois Courts.
On and after July | 13 | | 1, 2001, "agency" includes the State Board of
Education and | 14 | | does not include the Illinois Community College Board.
| 15 | | (Source: P.A. 94-793, eff. 5-19-06.)
| 16 | | Section 70. The Public Community College Act is amended by | 17 | | changing Section 2-10 as follows:
| 18 | | (110 ILCS 805/2-10) (from Ch. 122, par. 102-10)
| 19 | | Sec. 2-10.
The State Board shall make a thorough, | 20 | | comprehensive and continuous
study of the status of community | 21 | | college education, its problems, needs for
improvement, and |
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| 1 | | projected developments and shall make a detailed report
thereof | 2 | | to the General Assembly not later than March 1 of each | 3 | | odd-numbered
year and shall submit recommendations for such | 4 | | legislation as it deems
necessary.
| 5 | | The requirement for reporting to the General Assembly shall | 6 | | be satisfied
by electronically filing copies of the report with | 7 | | the Speaker, the Minority Leader and
the Clerk of the House of | 8 | | Representatives and the President, the Minority
Leader and the | 9 | | Secretary of the Senate and the Legislative Research
Unit, as | 10 | | required
by Section 3.1 of "An Act to revise the law in | 11 | | relation to the General Assembly",
approved February 25, 1874, | 12 | | as amended, and electronically filing such additional copies
| 13 | | with the State Government Report Distribution Center for the | 14 | | General Assembly
as is required under paragraph (t) of Section | 15 | | 7 of the State Library
Act. A copy of the report shall also be | 16 | | posted on the State Board's website.
| 17 | | (Source: P.A. 84-1438.)
| 18 | | (215 ILCS 5/178 rep.) | 19 | | Section 75. The Illinois Insurance Code is amended by | 20 | | repealing Section 178. | 21 | | (215 ILCS 5/Art. XVI rep.) | 22 | | (215 ILCS 5/Art. XIXB rep.) | 23 | | Section 80. The Illinois Insurance Code is amended by | 24 | | repealing Articles XVI and XIXB. |
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| 1 | | (225 ILCS 120/24 rep.) | 2 | | Section 85. The Wholesale Drug Distribution Licensing Act | 3 | | is amended by repealing Section 24. | 4 | | Section 90. The Solid Waste Site Operator Certification Law | 5 | | is amended by changing Section 1011 as follows:
| 6 | | (225 ILCS 230/1011) (from Ch. 111, par. 7861)
| 7 | | Sec. 1011. Fees.
| 8 | | (a) Fees for the issuance or renewal of a Solid
Waste Site | 9 | | Operator Certificate shall be as follows:
| 10 | | (1)(A) $400 for issuance or renewal for Class A Solid | 11 | | Waste Site
Operators; (B) $200 for issuance or renewal for | 12 | | Class B Solid Waste Site
Operators; and (C) $100 for | 13 | | issuance or renewal for special waste endorsements.
| 14 | | (2) If the fee for renewal is not paid within the grace | 15 | | period the
above fees for renewal shall each be increased | 16 | | by $50.
| 17 | | (b) Before the effective date of this amendatory Act of the | 18 | | 98th General Assembly, all All fees collected by the Agency | 19 | | under this Section shall be
deposited into the Hazardous Waste | 20 | | Occupational Licensing Fund. The Agency
is authorized to use | 21 | | monies in the Hazardous Waste Occupational Licensing Fund to | 22 | | perform its functions, powers,
and duties under this Section.
| 23 | | On and after the effective date of this amendatory Act of |
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| 1 | | the 98th General Assembly, all fees collected by the Agency | 2 | | under this Section shall be deposited into the Environmental | 3 | | Protection Permit and Inspection Fund to be used in accordance | 4 | | with the provisions of Section 22.8 of the Environmental | 5 | | Protection Act. | 6 | | (Source: P.A. 86-1363.)
| 7 | | Section 95. The Illinois Athlete Agents Act is amended by | 8 | | changing Section 180 as follows: | 9 | | (225 ILCS 401/180)
| 10 | | Sec. 180. Civil penalties.
| 11 | | (a) In addition to any other penalty provided by law, any | 12 | | person who violates this Act shall forfeit and pay a civil | 13 | | penalty to the Department in an amount not to exceed $10,000 | 14 | | for each violation as determined by the Department. The civil | 15 | | penalty shall be assessed by the Department in accordance with | 16 | | the provisions of this Act.
| 17 | | (b) The Department has the authority and power to | 18 | | investigate any and all unlicensed activity.
| 19 | | (c) The civil penalty shall be paid within 60 days after | 20 | | the effective date of the order imposing the civil penalty. The | 21 | | order shall constitute a judgment and may be filed and | 22 | | execution had thereon in the same manner as any judgment from | 23 | | any court of record.
| 24 | | (d) All moneys collected under this Section shall be |
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| 1 | | deposited into the General Professions Dedicated Fund.
| 2 | | (Source: P.A. 96-1030, eff. 1-1-11.) | 3 | | Section 100. The Illinois Horse Racing Act of 1975 is | 4 | | amended by changing Section 30 as follows:
| 5 | | (230 ILCS 5/30) (from Ch. 8, par. 37-30)
| 6 | | Sec. 30.
(a) The General Assembly declares that it is the | 7 | | policy of
this State to encourage the breeding of thoroughbred | 8 | | horses in this
State and the ownership of such horses by | 9 | | residents of this State in
order to provide for: sufficient | 10 | | numbers of high quality thoroughbred
horses to participate in | 11 | | thoroughbred racing meetings in this State,
and to establish | 12 | | and preserve the agricultural and commercial benefits
of such | 13 | | breeding and racing industries to the State of Illinois. It is
| 14 | | the intent of the General Assembly to further this policy by | 15 | | the
provisions of this Act.
| 16 | | (b) Each organization licensee conducting a thoroughbred
| 17 | | racing meeting
pursuant to this Act shall provide at least two | 18 | | races each day limited
to Illinois conceived and foaled horses | 19 | | or Illinois foaled horses or
both. A minimum of 6 races shall | 20 | | be conducted each week limited to
Illinois conceived and foaled | 21 | | or Illinois foaled horses or both. No
horses shall be permitted | 22 | | to start in such races unless duly registered
under the rules | 23 | | of the Department of Agriculture.
| 24 | | (c) Conditions of races under subsection (b) shall be
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| 1 | | commensurate
with past performance, quality, and class of | 2 | | Illinois conceived and foaled
and Illinois foaled horses
| 3 | | available. If, however, sufficient competition cannot be had | 4 | | among
horses of that class on any day, the races may, with | 5 | | consent of the
Board, be eliminated for that day and substitute | 6 | | races provided.
| 7 | | (d) There is hereby created a special fund of the State | 8 | | Treasury to
be known as the Illinois Thoroughbred Breeders | 9 | | Fund.
| 10 | | Except as provided in subsection (g) of Section 27 of this | 11 | | Act, 8.5% of all
the monies received by the State as
privilege | 12 | | taxes on Thoroughbred racing meetings shall be paid into the | 13 | | Illinois
Thoroughbred Breeders Fund.
| 14 | | (e) The Illinois Thoroughbred Breeders Fund shall be | 15 | | administered by
the Department of Agriculture
with the advice | 16 | | and assistance of the
Advisory Board created in subsection (f) | 17 | | of this Section.
| 18 | | (f) The Illinois Thoroughbred Breeders Fund Advisory Board | 19 | | shall
consist of the Director of the Department of Agriculture, | 20 | | who shall
serve as Chairman; a member of the Illinois Racing | 21 | | Board, designated by
it; 2 representatives of the organization | 22 | | licensees
conducting thoroughbred
racing meetings, recommended | 23 | | by them; 2 representatives of the Illinois
Thoroughbred | 24 | | Breeders and Owners Foundation, recommended by it; and 2
| 25 | | representatives of the Horsemen's Benevolent Protective | 26 | | Association or any
successor organization established in |
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| 1 | | Illinois comprised of the largest number
of owners and | 2 | | trainers,
recommended
by it, with one representative of the | 3 | | Horsemen's Benevolent and Protective
Association to come from | 4 | | its Illinois Division, and one from its Chicago
Division. | 5 | | Advisory Board members shall serve for 2 years commencing | 6 | | January 1
of
each odd numbered year. If representatives of the | 7 | | organization licensees
conducting thoroughbred racing | 8 | | meetings, the Illinois Thoroughbred Breeders and
Owners | 9 | | Foundation, and the Horsemen's Benevolent Protection | 10 | | Association have
not been recommended by January 1, of each odd | 11 | | numbered year, the Director of
the Department of Agriculture | 12 | | shall make an appointment for the organization
failing to so | 13 | | recommend a member of the Advisory Board. Advisory Board | 14 | | members
shall receive no compensation for their services as | 15 | | members but shall be
reimbursed for all actual and necessary | 16 | | expenses and disbursements incurred in
the execution of their | 17 | | official duties.
| 18 | | (g) No monies shall be expended from the Illinois | 19 | | Thoroughbred
Breeders Fund except as appropriated by the | 20 | | General Assembly. Monies
appropriated from the Illinois | 21 | | Thoroughbred Breeders Fund shall be
expended by the Department | 22 | | of Agriculture,
with the advice and
assistance of the Illinois | 23 | | Thoroughbred Breeders Fund Advisory Board,
for the following | 24 | | purposes only:
| 25 | | (1) To provide purse supplements to owners of horses | 26 | | participating
in races limited to Illinois conceived and |
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| 1 | | foaled and Illinois foaled
horses. Any such purse | 2 | | supplements shall not be included in and shall
be paid in | 3 | | addition to any purses, stakes, or breeders' awards offered
| 4 | | by each organization licensee as determined by agreement | 5 | | between such
organization licensee and an organization | 6 | | representing the horsemen. No
monies from the Illinois | 7 | | Thoroughbred Breeders Fund shall be used to provide
purse | 8 | | supplements for claiming races in which the minimum | 9 | | claiming price is
less than $7,500.
| 10 | | (2) To provide stakes and awards to be paid to the | 11 | | owners of the
winning horses in certain races limited to | 12 | | Illinois conceived and foaled
and Illinois foaled horses | 13 | | designated as stakes races.
| 14 | | (2.5) To provide an award to the owner or owners of an | 15 | | Illinois
conceived and foaled or Illinois foaled horse that | 16 | | wins a
maiden special weight, an allowance, overnight | 17 | | handicap race, or
claiming race with claiming price of | 18 | | $10,000 or more providing the race
is not restricted
to | 19 | | Illinois conceived and foaled or Illinois foaled horses.
| 20 | | Awards shall
also be provided to the owner or owners of | 21 | | Illinois conceived and foaled and
Illinois foaled horses | 22 | | that place second or third in those races. To the
extent
| 23 | | that additional moneys are required to pay the minimum | 24 | | additional awards of 40%
of the purse the horse earns for | 25 | | placing first, second or third in those races
for Illinois | 26 | | foaled horses and of 60% of the purse the horse earns for |
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| 1 | | placing
first, second or third in those races for Illinois
| 2 | | conceived and foaled horses, those moneys shall be provided | 3 | | from the purse
account at the track where earned.
| 4 | | (3) To provide stallion awards to the owner or owners | 5 | | of any
stallion that is duly registered with the Illinois | 6 | | Thoroughbred Breeders
Fund Program prior to the effective | 7 | | date of this amendatory Act of 1995 whose
duly registered | 8 | | Illinois conceived and foaled offspring wins a race | 9 | | conducted
at an Illinois
thoroughbred racing meeting other | 10 | | than a claiming race. Such
award
shall not be paid to the | 11 | | owner or owners of an Illinois stallion that served
outside | 12 | | this State at any time during the calendar year in which | 13 | | such race was
conducted.
| 14 | | (4) To provide $75,000 annually for purses to be
| 15 | | distributed to
county fairs that provide for the running of | 16 | | races during each county
fair exclusively for the | 17 | | thoroughbreds conceived and foaled in
Illinois. The | 18 | | conditions of the races shall be developed by the county
| 19 | | fair association and reviewed by the Department with the | 20 | | advice and
assistance of
the Illinois Thoroughbred | 21 | | Breeders Fund Advisory Board. There shall be no
wagering of | 22 | | any kind on the running
of
Illinois conceived and foaled | 23 | | races at county fairs.
| 24 | | (4.1) To provide purse money for an Illinois stallion | 25 | | stakes program.
| 26 | | (5) No less than 80% of all monies appropriated from |
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| 1 | | the Illinois
Thoroughbred Breeders Fund shall be expended | 2 | | for the purposes in (1), (2),
(2.5), (3), (4), (4.1), and | 3 | | (5) as shown above.
| 4 | | (6) To provide for educational programs regarding the | 5 | | thoroughbred
breeding industry.
| 6 | | (7) To provide for research programs concerning the | 7 | | health,
development and care of the thoroughbred horse.
| 8 | | (8) To provide for a scholarship and training program | 9 | | for students
of equine veterinary medicine.
| 10 | | (9) To provide for dissemination of public information | 11 | | designed to
promote the breeding of thoroughbred horses in | 12 | | Illinois.
| 13 | | (10) To provide for all expenses incurred in the | 14 | | administration of
the Illinois Thoroughbred Breeders Fund.
| 15 | | (h) Whenever the Governor finds that the amount in the | 16 | | Illinois
Thoroughbred Breeders Fund is more than the total of | 17 | | the outstanding
appropriations from such fund, the Governor | 18 | | shall notify the State
Comptroller and the State Treasurer of | 19 | | such fact. The Comptroller and
the State Treasurer, upon | 20 | | receipt of such notification, shall transfer
such excess amount | 21 | | from the Illinois Thoroughbred Breeders Fund to the
General | 22 | | Revenue Fund.
| 23 | | (i) A sum equal to 12 1/2% of the first prize money of | 24 | | every purse
won by an Illinois foaled or an Illinois conceived | 25 | | and foaled horse in
races not limited to Illinois foaled horses | 26 | | or Illinois conceived and
foaled horses, or both, shall be paid |
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| 1 | | by the organization licensee
conducting the horse race meeting. | 2 | | Such sum shall be paid from the organization
licensee's share | 3 | | of the money wagered as follows: 11 1/2% to the breeder of
the | 4 | | winning horse and 1% to the organization representing | 5 | | thoroughbred breeders
and owners whose representative serves | 6 | | on the Illinois Thoroughbred Breeders
Fund Advisory Board for | 7 | | verifying the amounts of breeders' awards earned,
assuring | 8 | | their distribution in accordance with this Act, and servicing | 9 | | and
promoting the Illinois thoroughbred horse racing industry. | 10 | | The
organization representing thoroughbred breeders and owners | 11 | | shall cause all
expenditures of monies received under this | 12 | | subsection (i) to be audited
at least annually by a registered | 13 | | public accountant. The organization
shall file copies of each | 14 | | annual audit with the Racing Board, the Clerk of
the House of | 15 | | Representatives and the Secretary of the Senate, and shall
make | 16 | | copies of each annual audit available to the public upon | 17 | | request
and upon payment of the reasonable cost of photocopying | 18 | | the requested
number of copies. Such payments shall not reduce | 19 | | any award to the owner of the
horse or reduce the taxes payable | 20 | | under this Act. Upon completion of its
racing meet, each | 21 | | organization licensee shall deliver to the organization
| 22 | | representing thoroughbred breeders and owners whose | 23 | | representative serves on
the Illinois Thoroughbred Breeders | 24 | | Fund Advisory Board a listing of all the
Illinois foaled and | 25 | | the Illinois conceived and foaled horses which won
breeders' | 26 | | awards and the amount of such breeders' awards under this |
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| 1 | | subsection
to verify accuracy of payments and assure proper | 2 | | distribution of breeders'
awards in accordance with the | 3 | | provisions of this Act. Such payments shall be
delivered by the | 4 | | organization licensee within 30 days of the end of each race
| 5 | | meeting.
| 6 | | (j) A sum equal to 12 1/2% of the first prize money won in | 7 | | each race
limited to Illinois foaled horses or Illinois | 8 | | conceived and foaled
horses, or both, shall be paid in the | 9 | | following manner by the
organization licensee conducting the | 10 | | horse race meeting, from the
organization licensee's share of | 11 | | the money wagered: 11 1/2% to the breeders of
the horses in | 12 | | each such race which are the official first, second, third
and | 13 | | fourth finishers and 1% to the organization representing | 14 | | thoroughbred
breeders and owners whose representative serves | 15 | | on the Illinois Thoroughbred
Breeders Fund Advisory Board for | 16 | | verifying the amounts of breeders' awards
earned, assuring | 17 | | their proper distribution in accordance with this Act, and
| 18 | | servicing and promoting the Illinois thoroughbred horse racing | 19 | | industry. The
organization representing thoroughbred breeders | 20 | | and owners shall cause all
expenditures of monies received | 21 | | under this subsection (j) to be audited
at least annually by a | 22 | | registered public accountant. The organization
shall file | 23 | | copies of each annual audit with the Racing Board, the Clerk of
| 24 | | the House of Representatives and the Secretary of the Senate, | 25 | | and shall
make copies of each annual audit available to the | 26 | | public upon request
and upon payment of the reasonable cost of |
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| 1 | | photocopying the requested
number of copies.
| 2 | | The 11 1/2% paid to the breeders in accordance with this | 3 | | subsection
shall be distributed as follows:
| 4 | | (1) 60% of such sum shall be paid to the breeder of the | 5 | | horse which
finishes in the official first position;
| 6 | | (2) 20% of such sum shall be paid to the breeder of the | 7 | | horse which
finishes in the official second position;
| 8 | | (3) 15% of such sum shall be paid to the breeder of the | 9 | | horse which
finishes in the official third position; and
| 10 | | (4) 5% of such sum shall be paid to the breeder of the | 11 | | horse which
finishes in the official fourth position.
| 12 | | Such payments shall not reduce any award to the owners of a | 13 | | horse or
reduce the taxes payable under this Act. Upon | 14 | | completion of its racing meet,
each organization licensee shall | 15 | | deliver to the organization representing
thoroughbred breeders | 16 | | and owners whose representative serves on the Illinois
| 17 | | Thoroughbred Breeders Fund Advisory Board a listing of all the | 18 | | Illinois foaled
and the Illinois conceived and foaled horses | 19 | | which won breeders' awards and the
amount of such breeders' | 20 | | awards in accordance with the provisions of this Act.
Such | 21 | | payments shall be delivered by the organization licensee within | 22 | | 30 days of
the end of each race meeting.
| 23 | | (k) The term "breeder", as used herein, means the owner of | 24 | | the mare at
the time the foal is dropped. An "Illinois foaled | 25 | | horse" is a foal
dropped by a mare which enters this State on | 26 | | or before December 1, in the
year in which the horse is bred,
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| 1 | | provided the mare remains continuously in this State until its | 2 | | foal is born. An
"Illinois
foaled
horse" also means a foal born | 3 | | of a mare in the same year
as the
mare enters this State on or | 4 | | before March 1,
and remains in this State at
least 30
days | 5 | | after foaling, is bred back during the season of the foaling to
| 6 | | an
Illinois Registered Stallion (unless a veterinarian | 7 | | certifies that the mare
should not be bred for health reasons), | 8 | | and is not bred to a stallion
standing in any other state | 9 | | during the season of foaling. An "Illinois
foaled horse" also | 10 | | means a foal born in Illinois of a mare purchased at public
| 11 | | auction
subsequent to the mare entering this State prior to | 12 | | February 1 of the foaling
year providing the mare is owned | 13 | | solely by one or more Illinois residents or an
Illinois
entity | 14 | | that is entirely owned by one or more Illinois residents.
| 15 | | (l) The Department of Agriculture shall, by rule, with the | 16 | | advice
and assistance of the Illinois Thoroughbred Breeders | 17 | | Fund Advisory
Board:
| 18 | | (1) Qualify stallions for Illinois breeding; such | 19 | | stallions to stand for
service within the State of Illinois | 20 | | at the time of a foal's conception. Such
stallion must not | 21 | | stand for service at any place outside the State of | 22 | | Illinois
during the calendar year in which the foal is | 23 | | conceived.
The Department of Agriculture may assess and | 24 | | collect application fees for the
registration of | 25 | | Illinois-eligible stallions. All fees collected are to be | 26 | | paid
into the Illinois Thoroughbred Breeders Fund.
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| 1 | | (2) Provide for the registration of Illinois conceived | 2 | | and foaled
horses and Illinois foaled horses. No such horse | 3 | | shall compete in
the races limited to Illinois conceived | 4 | | and foaled horses or Illinois
foaled horses or both unless | 5 | | registered with the Department of
Agriculture. The | 6 | | Department of Agriculture may prescribe such forms as
are | 7 | | necessary to determine the eligibility of such horses. The | 8 | | Department of
Agriculture may assess and collect | 9 | | application fees for the registration of
Illinois-eligible | 10 | | foals. All fees collected are to be paid into the Illinois
| 11 | | Thoroughbred Breeders Fund. No person
shall knowingly | 12 | | prepare or cause preparation of an application for
| 13 | | registration of such foals containing false information.
| 14 | | (m) The Department of Agriculture, with the advice and | 15 | | assistance of
the Illinois Thoroughbred Breeders Fund Advisory | 16 | | Board, shall provide that certain races
limited to Illinois | 17 | | conceived and foaled and Illinois foaled horses be
stakes races | 18 | | and determine the total amount of stakes and awards to be paid
| 19 | | to the owners of the winning horses in such races.
| 20 | | In determining the stakes races and the amount of awards | 21 | | for such races,
the Department of Agriculture shall consider | 22 | | factors, including but not
limited to, the amount of money | 23 | | appropriated for the Illinois Thoroughbred
Breeders Fund | 24 | | program, organization licensees' contributions,
availability | 25 | | of stakes caliber horses as demonstrated by past performances,
| 26 | | whether the race can be coordinated into the proposed racing |
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| 1 | | dates within
organization licensees' racing dates, opportunity | 2 | | for
colts and fillies
and various age groups to race, public | 3 | | wagering on such races, and the
previous racing schedule.
| 4 | | (n) The Board and the organizational licensee shall
notify | 5 | | the Department of the conditions and minimum purses for races
| 6 | | limited to Illinois conceived and foaled and Illinois foaled | 7 | | horses
conducted for each organizational licensee conducting a | 8 | | thoroughbred racing
meeting. The Department of Agriculture | 9 | | with the advice and assistance of
the Illinois Thoroughbred | 10 | | Breeders Fund Advisory Board may allocate monies
for purse | 11 | | supplements for such races. In determining whether to allocate
| 12 | | money and the amount, the Department of Agriculture shall | 13 | | consider factors,
including but not limited to, the amount of | 14 | | money appropriated for the
Illinois Thoroughbred Breeders Fund | 15 | | program, the number of races that may
occur, and the | 16 | | organizational licensee's purse structure.
| 17 | | (o) (Blank). In order to improve the breeding quality of | 18 | | thoroughbred horses in the
State, the General Assembly | 19 | | recognizes that existing provisions of this Section
to | 20 | | encourage such quality breeding need to be revised and | 21 | | strengthened. As
such, a Thoroughbred Breeder's Program Task | 22 | | Force is to be appointed by the
Governor by September 1, 1999 | 23 | | to make recommendations to the General Assembly
by
no later | 24 | | than March 1, 2000.
This task force is to be composed of 2 | 25 | | representatives from the Illinois
Thoroughbred Breeders and | 26 | | Owners Foundation, 2 from the Illinois Thoroughbred
Horsemen's |
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| 1 | | Association, 3 from Illinois race tracks operating | 2 | | thoroughbred
race meets for an average of at least 30 days in | 3 | | the past 3 years, the Director
of Agriculture, the Executive | 4 | | Director of the Racing Board, who shall serve as
Chairman.
| 5 | | (Source: P.A. 91-40, eff. 6-25-99.)
| 6 | | Section 105. The Liquor Control Act of 1934 is amended by | 7 | | changing Section 6-15 as follows:
| 8 | | (235 ILCS 5/6-15) (from Ch. 43, par. 130)
| 9 | | Sec. 6-15. No alcoholic liquors shall be sold or delivered | 10 | | in any
building belonging to or under the control of the State | 11 | | or any political
subdivision thereof except as provided in this | 12 | | Act. The corporate
authorities of any city, village, | 13 | | incorporated town, township, or county may provide by
| 14 | | ordinance, however, that alcoholic liquor may be sold or | 15 | | delivered in any
specifically designated building belonging to | 16 | | or under the control of the
municipality, township, or county, | 17 | | or in any building located on land under the
control of the | 18 | | municipality, township, or county; provided that such township | 19 | | or county complies with all
applicable local ordinances in any | 20 | | incorporated area of the township or county.
Alcoholic liquor | 21 | | may be delivered to and sold under the authority of a special | 22 | | use permit on any property owned by a conservation district | 23 | | organized under the Conservation District Act, provided that | 24 | | (i) the alcoholic liquor is sold only at an event authorized by |
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| 1 | | the governing board of the conservation district, (ii) the | 2 | | issuance of the special use permit is authorized by the local | 3 | | liquor control commissioner of the territory in which the | 4 | | property is located, and (iii) the special use permit | 5 | | authorizes the sale of alcoholic liquor for one day or less. | 6 | | Alcoholic liquors may be delivered to and sold at any airport | 7 | | belonging to
or under the control of a municipality of more | 8 | | than 25,000 inhabitants, or
in any building or on any golf | 9 | | course owned by a park district organized under
the Park | 10 | | District
Code, subject to the approval of the governing board | 11 | | of the district, or
in any building or on any golf course owned | 12 | | by a forest preserve district
organized under the Downstate | 13 | | Forest Preserve District Act, subject to the
approval of the | 14 | | governing board of the district, or on the grounds
within 500 | 15 | | feet of any building owned by a forest preserve district
| 16 | | organized under the Downstate Forest Preserve District Act | 17 | | during
times when food is dispensed for consumption within
500 | 18 | | feet of the building from which the food is dispensed,
subject | 19 | | to the
approval of the
governing board of the district, or in a | 20 | | building owned by a Local Mass
Transit District organized under | 21 | | the Local Mass Transit District Act, subject
to the approval of | 22 | | the governing Board of the District, or in Bicentennial
Park, | 23 | | or
on the premises of the City of Mendota Lake Park
located | 24 | | adjacent to Route 51 in Mendota, Illinois, or on the premises | 25 | | of
Camden Park in Milan, Illinois, or in the community center | 26 | | owned by the
City of Loves Park that is located at 1000 River |
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| 1 | | Park Drive in Loves Park,
Illinois, or, in connection with the | 2 | | operation of an established food
serving facility during times | 3 | | when food is dispensed for consumption on the
premises, and at | 4 | | the following aquarium and museums located in public
parks: Art | 5 | | Institute of Chicago, Chicago Academy of Sciences, Chicago
| 6 | | Historical Society, Field Museum of Natural History, Museum of | 7 | | Science and
Industry, DuSable Museum of African American | 8 | | History, John G. Shedd
Aquarium and Adler Planetarium, or at | 9 | | Lakeview Museum of Arts and Sciences
in Peoria, or in | 10 | | connection with the operation of the facilities of the
Chicago | 11 | | Zoological Society or the Chicago Horticultural Society on land
| 12 | | owned by the Forest Preserve District of Cook County,
or on any | 13 | | land used for a golf course or for recreational purposes
owned | 14 | | by the Forest Preserve District of Cook County, subject to the | 15 | | control
of the Forest Preserve District Board of Commissioners | 16 | | and applicable local
law, provided that dram shop liability | 17 | | insurance is provided at
maximum coverage limits so as to hold | 18 | | the
District harmless from all financial loss, damage, and | 19 | | harm,
or in any building
located on land owned by the Chicago | 20 | | Park District if approved by the Park
District Commissioners, | 21 | | or on any land used for a golf course or for
recreational | 22 | | purposes and owned by the Illinois International Port District | 23 | | if
approved by the District's governing board, or at any | 24 | | airport, golf course,
faculty center, or
facility in which | 25 | | conference and convention type activities take place
belonging | 26 | | to or under control of any State university or public community
|
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| 1 | | college district, provided that with respect to a facility for | 2 | | conference
and convention type activities alcoholic liquors | 3 | | shall be limited to the
use of the convention or conference | 4 | | participants or participants
in cultural, political or | 5 | | educational activities held in such facilities,
and provided | 6 | | further that the faculty or staff of the State university or
a | 7 | | public community college district, or members of an | 8 | | organization of
students, alumni, faculty or staff of the State | 9 | | university or a public
community college district are active | 10 | | participants in the conference
or convention, or in Memorial | 11 | | Stadium on the campus of the University of
Illinois at | 12 | | Urbana-Champaign during games in which the
Chicago Bears | 13 | | professional football team is playing in that stadium during | 14 | | the
renovation of Soldier Field, not more than one and a half | 15 | | hours before the
start of the game and not after the end of the | 16 | | third quarter of the game,
or in the Pavilion Facility on the | 17 | | campus of the University of Illinois at Chicago during games in | 18 | | which the Chicago Storm professional soccer team is playing in | 19 | | that facility, not more than one and a half hours before the | 20 | | start of the game and not after the end of the third quarter of | 21 | | the game, or in the Pavilion Facility on the campus of the | 22 | | University of Illinois at Chicago during games in which the | 23 | | WNBA professional women's basketball team is playing in that | 24 | | facility, not more than one and a half hours before the start | 25 | | of the game and not after the 10-minute mark of the second half | 26 | | of the game, or by a catering establishment which has rented |
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| 1 | | facilities
from a board of trustees of a public community | 2 | | college district, or in a restaurant that is operated by a | 3 | | commercial tenant in the North Campus Parking Deck building | 4 | | that (1) is located at 1201 West University Avenue, Urbana, | 5 | | Illinois and (2) is owned by the Board of Trustees of the | 6 | | University of Illinois, or, if
approved by the District board, | 7 | | on land owned by the Metropolitan Sanitary
District of Greater | 8 | | Chicago and leased to others for a term of at least
20 years. | 9 | | Nothing in this Section precludes the sale or delivery of
| 10 | | alcoholic liquor in the form of original packaged goods in | 11 | | premises located
at 500 S. Racine in Chicago belonging to the | 12 | | University of Illinois and
used primarily as a grocery store by | 13 | | a commercial tenant during the term of
a lease that predates | 14 | | the University's acquisition of the premises; but the
| 15 | | University shall have no power or authority to renew, transfer, | 16 | | or extend
the lease with terms allowing the sale of alcoholic | 17 | | liquor; and the sale of
alcoholic liquor shall be subject to | 18 | | all local laws and regulations.
After the acquisition by | 19 | | Winnebago County of the property located at 404
Elm Street in | 20 | | Rockford, a commercial tenant who sold alcoholic liquor at
| 21 | | retail on a portion of the property under a valid license at | 22 | | the time of
the acquisition may continue to do so for so long | 23 | | as the tenant and the
County may agree under existing or future | 24 | | leases, subject to all local laws
and regulations regarding the | 25 | | sale of alcoholic liquor. Alcoholic liquors may be delivered to | 26 | | and sold at Memorial Hall, located at 211 North Main Street, |
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| 1 | | Rockford, under conditions approved by Winnebago County and | 2 | | subject to all local laws and regulations regarding the sale of | 3 | | alcoholic liquor. Each
facility shall provide dram shop | 4 | | liability in maximum insurance coverage
limits so as to save | 5 | | harmless the State, municipality, State university,
airport, | 6 | | golf course, faculty center, facility in which conference and
| 7 | | convention type activities take place, park district, Forest | 8 | | Preserve
District, public community college district, | 9 | | aquarium, museum, or sanitary
district from all financial loss, | 10 | | damage or harm. Alcoholic liquors may be
sold at retail in | 11 | | buildings of golf courses owned by municipalities or Illinois | 12 | | State University in
connection with the operation of an | 13 | | established food serving facility
during times when food is | 14 | | dispensed for consumption upon the premises.
Alcoholic liquors | 15 | | may be delivered to and sold at retail in any building
owned by | 16 | | a fire protection district organized under the Fire Protection
| 17 | | District Act, provided that such delivery and sale is approved | 18 | | by the board
of trustees of the district, and provided further | 19 | | that such delivery and
sale is limited to fundraising events | 20 | | and to a maximum of 6 events per year. However, the limitation | 21 | | to fundraising events and to a maximum of 6 events per year | 22 | | does not apply to the delivery, sale, or manufacture of | 23 | | alcoholic liquors at the building located at 59 Main Street in | 24 | | Oswego, Illinois, owned by the Oswego Fire Protection District | 25 | | if the alcoholic liquor is sold or dispensed as approved by the | 26 | | Oswego Fire Protection District and the property is no longer |
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| 1 | | being utilized for fire protection purposes.
| 2 | | Alcoholic liquors may be served or sold in buildings under | 3 | | the control of the Board of Trustees of the University of | 4 | | Illinois for events that the Board may determine are public | 5 | | events and not related student activities. The Board of | 6 | | Trustees shall issue a written policy within 6 months of the | 7 | | effective date of this amendatory Act of the 95th General | 8 | | Assembly concerning the types of events that would be eligible | 9 | | for an exemption. Thereafter, the Board of Trustees may issue | 10 | | revised, updated, new, or amended policies as it deems | 11 | | necessary and appropriate. In preparing its written policy, the | 12 | | Board of Trustees shall, among other factors it considers | 13 | | relevant and important, give consideration to the following: | 14 | | (i) whether the event is a student activity or student related | 15 | | activity; (ii) whether the physical setting of the event is | 16 | | conducive to control of liquor sales and distribution; (iii) | 17 | | the ability of the event operator to ensure that the sale or | 18 | | serving of alcoholic liquors and the demeanor of the | 19 | | participants are in accordance with State law and University | 20 | | policies; (iv) regarding the anticipated attendees at the | 21 | | event, the relative proportion of individuals under the age of | 22 | | 21 to individuals age 21 or older; (v) the ability of the venue | 23 | | operator to prevent the sale or distribution of alcoholic | 24 | | liquors to individuals under the age of 21; (vi) whether the | 25 | | event prohibits participants from removing alcoholic beverages | 26 | | from the venue; and (vii) whether the event prohibits |
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| 1 | | participants from providing their own alcoholic liquors to the | 2 | | venue. In addition, any policy submitted by the Board of | 3 | | Trustees to the Illinois Liquor Control Commission must require | 4 | | that any event at which alcoholic liquors are served or sold in | 5 | | buildings under the control of the Board of Trustees shall | 6 | | require the prior written approval of the Office of the | 7 | | Chancellor for the University campus where the event is | 8 | | located. The Board of Trustees shall submit its policy, and any | 9 | | subsequently revised, updated, new, or amended policies, to the | 10 | | Illinois Liquor Control Commission, and any University event, | 11 | | or location for an event, exempted under such policies shall | 12 | | apply for a license under the applicable Sections of this Act. | 13 | | Alcoholic liquors may be served or sold in buildings under
| 14 | | the control of the Board of Trustees of Northern Illinois | 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 | 18 | | June 28, 2011 (the
effective date of Public Act 97-45) | 19 | | concerning the types of events that would be eligible
for an | 20 | | exemption. Thereafter, the Board of Trustees may issue
revised, | 21 | | updated, new, or amended policies as it deems
necessary and | 22 | | appropriate. In preparing its written policy, the
Board of | 23 | | Trustees shall, in addition to other factors it considers
| 24 | | relevant and important, give consideration to the following:
| 25 | | (i) whether the event is a student activity or student-related
| 26 | | activity; (ii) whether the physical setting of the event is
|
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| 1 | | conducive to control of liquor sales and distribution; (iii)
| 2 | | the ability of the event operator to ensure that the sale or
| 3 | | serving of alcoholic liquors and the demeanor of the
| 4 | | participants are in accordance with State law and University
| 5 | | policies; (iv) the anticipated attendees at the
event and the | 6 | | relative proportion of individuals under the age of
21 to | 7 | | individuals age 21 or older; (v) the ability of the venue
| 8 | | 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 liquors may be served or sold in buildings under | 15 | | the control of the Board of Trustees of Chicago State | 16 | | University for events that the Board may determine are public | 17 | | events and not student-related activities. The Board of | 18 | | Trustees shall issue a written policy within 6 months after | 19 | | August 2, 2013 ( the effective date of Public Act 98-132) this | 20 | | amendatory Act of the 98th General Assembly concerning the | 21 | | types of events that would be eligible for an exemption. | 22 | | Thereafter, the Board of Trustees may issue revised, updated, | 23 | | new, or amended policies as it deems necessary and appropriate. | 24 | | In preparing its written policy, the Board of Trustees shall, | 25 | | in addition to other factors it considers relevant and | 26 | | important, give consideration to the following: (i) whether the |
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| 1 | | event is a student activity or student-related activity; (ii) | 2 | | whether the physical setting of the event is conducive to | 3 | | control of liquor sales and distribution; (iii) the ability of | 4 | | the event operator to ensure that the sale or serving of | 5 | | alcoholic liquors and the demeanor of the participants are in | 6 | | accordance with State law and University policies; (iv) the | 7 | | anticipated attendees at the event and the relative proportion | 8 | | of individuals under the age of 21 to individuals age 21 or | 9 | | older; (v) the ability of the venue operator to prevent the | 10 | | sale or distribution of alcoholic liquors to individuals under | 11 | | the age of 21; (vi) whether the event prohibits participants | 12 | | from removing alcoholic beverages from the venue; and (vii) | 13 | | whether the event prohibits participants from providing their | 14 | | own alcoholic liquors to the venue. | 15 | | Alcoholic liquors may be served or sold in buildings under
| 16 | | the control of the Board of Trustees of Illinois State | 17 | | University
for events that the Board may determine are public
| 18 | | events and not student-related activities. The Board of
| 19 | | Trustees shall issue a written policy within 6 months after the | 20 | | effective date of this amendatory Act of the 97th General | 21 | | Assembly concerning the types of events that would be eligible
| 22 | | for an exemption. Thereafter, the Board of Trustees may issue
| 23 | | revised, updated, new, or amended policies as it deems
| 24 | | necessary and appropriate. In preparing its written policy, the
| 25 | | Board of Trustees shall, in addition to other factors it | 26 | | considers
relevant and important, give consideration to the |
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| 1 | | following:
(i) whether the event is a student activity or | 2 | | student-related
activity; (ii) whether the physical setting of | 3 | | the event is
conducive to control of liquor sales and | 4 | | distribution; (iii)
the ability of the event operator to ensure | 5 | | that the sale or
serving of alcoholic liquors and the demeanor | 6 | | of the
participants are in accordance with State law and | 7 | | University
policies; (iv) the anticipated attendees at the
| 8 | | event and the relative proportion of individuals under the age | 9 | | of
21 to individuals age 21 or older; (v) the ability of the | 10 | | venue
operator to prevent the sale or distribution of alcoholic
| 11 | | liquors to individuals under the age of 21; (vi) whether the
| 12 | | event prohibits participants from removing alcoholic beverages
| 13 | | from the venue; and (vii) whether the event prohibits
| 14 | | participants from providing their own alcoholic liquors to the
| 15 | | venue. | 16 | | Alcoholic liquor may be delivered to and sold at retail in | 17 | | the
Dorchester Senior Business Center owned by the Village of | 18 | | Dolton if the
alcoholic liquor is sold or dispensed only in | 19 | | connection with organized
functions for which the planned | 20 | | attendance is 20 or more persons, and if
the person or facility | 21 | | selling or dispensing the alcoholic liquor has
provided dram | 22 | | shop liability insurance in maximum limits so as to hold
| 23 | | harmless the Village of Dolton and the State from all financial | 24 | | loss,
damage and harm.
| 25 | | Alcoholic liquors may be delivered to and sold at retail in | 26 | | any
building used as an Illinois State Armory provided:
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| 1 | | (i) the Adjutant General's written consent to the | 2 | | issuance of a
license to sell alcoholic liquor in such | 3 | | building is filed with the
Commission;
| 4 | | (ii) the alcoholic liquor is sold or dispensed only in | 5 | | connection
with organized functions held on special | 6 | | occasions;
| 7 | | (iii) the organized function is one for which the | 8 | | planned attendance
is 25 or more persons; and
| 9 | | (iv) the facility selling or dispensing the alcoholic | 10 | | liquors has
provided dram shop liability insurance in | 11 | | maximum limits so as to save
harmless the facility and the | 12 | | State from all financial loss, damage or harm.
| 13 | | Alcoholic liquors may be delivered to and sold at retail in | 14 | | the Chicago
Civic Center, provided that:
| 15 | | (i) the written consent of the Public Building | 16 | | Commission which
administers the Chicago Civic Center is | 17 | | filed with the Commission;
| 18 | | (ii) the alcoholic liquor is sold or dispensed only in | 19 | | connection with
organized functions held on special | 20 | | occasions;
| 21 | | (iii) the organized function is one for which the | 22 | | planned attendance is
25 or more persons;
| 23 | | (iv) the facility selling or dispensing the alcoholic | 24 | | liquors has
provided dram shop liability insurance in | 25 | | maximum limits so as to hold
harmless the Civic Center, the | 26 | | City of Chicago and the State from all
financial loss, |
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| 1 | | damage or harm; and
| 2 | | (v) all applicable local ordinances are complied with.
| 3 | | Alcoholic liquors may be delivered or sold in any building | 4 | | belonging to
or under the control of any city, village or | 5 | | incorporated town where more
than 75% of the physical | 6 | | properties of the building is used for commercial
or | 7 | | recreational purposes, and the building is located upon a pier | 8 | | extending
into or over the waters of a navigable lake or stream | 9 | | or on the shore of a
navigable lake or stream.
In accordance | 10 | | with a license issued under this Act, alcoholic liquor may be | 11 | | sold, served, or delivered in buildings and facilities under
| 12 | | the control
of the Department of Natural Resources during | 13 | | events or activities lasting no more than 7 continuous days | 14 | | upon the written approval of the
Director of
Natural Resources | 15 | | acting as the controlling government authority. The Director
of
| 16 | | Natural Resources may specify conditions on that approval, | 17 | | including but not
limited to
requirements for insurance and | 18 | | hours of operation.
Notwithstanding any other provision of this | 19 | | Act, alcoholic liquor sold by a
United States Army Corps of | 20 | | Engineers or Department of Natural
Resources
concessionaire | 21 | | who was operating on June 1, 1991 for on-premises consumption
| 22 | | only is not subject to the provisions of Articles IV and IX. | 23 | | Beer and wine
may be sold on the premises of the Joliet Park | 24 | | District Stadium owned by
the Joliet Park District when written | 25 | | consent to the issuance of a license
to sell beer and wine in | 26 | | such premises is filed with the local liquor
commissioner by |
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| 1 | | the Joliet Park District. Beer and wine may be sold in
| 2 | | buildings on the grounds of State veterans' homes when written | 3 | | consent to
the issuance of a license to sell beer and wine in | 4 | | such buildings is filed
with the Commission by the Department | 5 | | of Veterans' Affairs, and the
facility shall provide dram shop | 6 | | liability in maximum insurance coverage
limits so as to save | 7 | | the facility harmless from all financial loss, damage
or harm. | 8 | | Such liquors may be delivered to and sold at any property owned | 9 | | or
held under lease by a Metropolitan Pier and Exposition | 10 | | Authority or
Metropolitan Exposition and Auditorium Authority.
| 11 | | Beer and wine may be sold and dispensed at professional | 12 | | sporting events
and at professional concerts and other | 13 | | entertainment events conducted on
premises owned by the Forest | 14 | | Preserve District of Kane County, subject to
the control of the | 15 | | District Commissioners and applicable local law,
provided that | 16 | | dram shop liability insurance is provided at maximum coverage
| 17 | | limits so as to hold the District harmless from all financial | 18 | | loss, damage
and harm.
| 19 | | Nothing in this Section shall preclude the sale or delivery | 20 | | of beer and
wine at a State or county fair or the sale or | 21 | | delivery of beer or wine at a
city fair in any otherwise lawful | 22 | | manner.
| 23 | | Alcoholic liquors may be sold at retail in buildings in | 24 | | State parks
under the control of the Department of Natural | 25 | | Resources,
provided:
| 26 | | a. the State park has overnight lodging facilities with |
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| 1 | | some
restaurant facilities or, not having overnight | 2 | | lodging facilities, has
restaurant facilities which serve | 3 | | complete luncheon and dinner or
supper meals,
| 4 | | b. (blank), and consent to the issuance of a license to | 5 | | sell alcoholic liquors in
the buildings has been filed with | 6 | | the commission by the Department of
Natural Resources, and
| 7 | | c. the alcoholic liquors are sold by the State park | 8 | | lodge or
restaurant concessionaire only during the hours | 9 | | from 11 o'clock a.m. until
12 o'clock midnight. | 10 | | Notwithstanding any other provision of this Act,
alcoholic | 11 | | liquor sold by the State park or restaurant concessionaire | 12 | | is not
subject to the provisions of Articles IV and IX.
| 13 | | Alcoholic liquors may be sold at retail in buildings on | 14 | | properties
under the control of the Historic Sites and | 15 | | Preservation Division of the
Historic Preservation
Agency or | 16 | | the Abraham Lincoln Presidential Library and Museum provided:
| 17 | | a. the property has overnight lodging facilities with | 18 | | some restaurant
facilities or, not having overnight | 19 | | lodging facilities, has restaurant
facilities which serve | 20 | | complete luncheon and dinner or supper meals,
| 21 | | b. consent to the issuance of a license to sell | 22 | | alcoholic liquors in
the buildings has been filed with the | 23 | | commission by the Historic Sites and
Preservation Division
| 24 | | of the Historic
Preservation Agency or the Abraham Lincoln | 25 | | Presidential Library and Museum,
and
| 26 | | c. the alcoholic liquors are sold by the lodge or |
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| 1 | | restaurant
concessionaire only during the hours from 11 | 2 | | o'clock a.m. until 12 o'clock
midnight.
| 3 | | The sale of alcoholic liquors pursuant to this Section does | 4 | | not
authorize the establishment and operation of facilities | 5 | | commonly called
taverns, saloons, bars, cocktail lounges, and | 6 | | the like except as a part
of lodge and restaurant facilities in | 7 | | State parks or golf courses owned
by Forest Preserve Districts | 8 | | with a population of less than 3,000,000 or
municipalities or | 9 | | park districts.
| 10 | | Alcoholic liquors may be sold at retail in the Springfield
| 11 | | Administration Building of the Department of Transportation | 12 | | and the
Illinois State Armory in Springfield; provided, that | 13 | | the controlling
government authority may consent to such sales | 14 | | only if
| 15 | | a. the request is from a not-for-profit organization;
| 16 | | b. such sales would not impede normal operations of the | 17 | | departments
involved;
| 18 | | c. the not-for-profit organization provides dram shop | 19 | | liability in
maximum insurance coverage limits and agrees | 20 | | to defend, save harmless
and indemnify the State of | 21 | | Illinois from all financial loss, damage or harm;
| 22 | | d. no such sale shall be made during normal working | 23 | | hours of the
State of Illinois; and
| 24 | | e. the consent is in writing.
| 25 | | Alcoholic liquors may be sold at retail in buildings in | 26 | | recreational
areas of river conservancy districts under the |
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| 1 | | control of, or leased
from, the river conservancy districts. | 2 | | Such sales are subject to
reasonable local regulations as | 3 | | provided in Article IV; however, no such
regulations may | 4 | | prohibit or substantially impair the sale of alcoholic
liquors | 5 | | on Sundays or Holidays.
| 6 | | Alcoholic liquors may be provided in long term care | 7 | | facilities owned or
operated by a county under Division 5-21 or | 8 | | 5-22 of the Counties Code,
when approved by the facility | 9 | | operator and not in conflict
with the regulations of the | 10 | | Illinois Department of Public Health, to
residents of the | 11 | | facility who have had their consumption of the alcoholic
| 12 | | liquors provided approved in writing by a physician licensed to | 13 | | practice
medicine in all its branches.
| 14 | | Alcoholic liquors may be delivered to and dispensed in | 15 | | State housing
assigned to employees of the Department of | 16 | | Corrections.
No person shall furnish or allow to be furnished | 17 | | any alcoholic
liquors to any prisoner confined in any jail, | 18 | | reformatory, prison or house
of correction except upon a | 19 | | physician's prescription for medicinal purposes.
| 20 | | Alcoholic liquors may be sold at retail or dispensed at the | 21 | | Willard Ice
Building in Springfield, at the State Library in | 22 | | Springfield, and at
Illinois State Museum facilities by (1) an
| 23 | | agency of the State, whether legislative, judicial or | 24 | | executive, provided
that such agency first obtains written | 25 | | permission to sell or dispense
alcoholic liquors from the | 26 | | controlling government authority, or by (2) a
not-for-profit |
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| 1 | | organization, provided that such organization:
| 2 | | a. Obtains written consent from the controlling | 3 | | government authority;
| 4 | | b. Sells or dispenses the alcoholic liquors in a manner | 5 | | that does not
impair normal operations of State offices | 6 | | located in the building;
| 7 | | c. Sells or dispenses alcoholic liquors only in | 8 | | connection with an
official activity in the building;
| 9 | | d. Provides, or its catering service provides, dram | 10 | | shop liability
insurance in maximum coverage limits and in | 11 | | which the carrier agrees to
defend, save harmless and | 12 | | indemnify the State of Illinois from all
financial loss, | 13 | | damage or harm arising out of the selling or dispensing of
| 14 | | alcoholic liquors.
| 15 | | Nothing in this Act shall prevent a not-for-profit | 16 | | organization or agency
of the State from employing the services | 17 | | of a catering establishment for
the selling or dispensing of | 18 | | alcoholic liquors at authorized functions.
| 19 | | The controlling government authority for the Willard Ice | 20 | | Building in
Springfield shall be the Director of the Department | 21 | | of Revenue. The
controlling government authority for Illinois | 22 | | State Museum facilities shall
be the Director of the Illinois | 23 | | State Museum. The controlling government
authority for the | 24 | | State Library in Springfield shall be the Secretary of State.
| 25 | | Alcoholic liquors may be delivered to and sold at retail or | 26 | | dispensed
at any facility, property or building under the |
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| 1 | | jurisdiction of the
Historic Sites and Preservation Division of | 2 | | the
Historic Preservation Agency
or the Abraham
Lincoln | 3 | | Presidential Library and Museum
where the delivery, sale or
| 4 | | dispensing is by (1)
an agency of the State, whether | 5 | | legislative, judicial or executive,
provided that such agency | 6 | | first obtains written permission to sell or
dispense alcoholic | 7 | | liquors from a controlling government authority, or by (2) an | 8 | | individual or organization provided that such individual or | 9 | | organization:
| 10 | | a. Obtains written consent from the controlling | 11 | | government authority;
| 12 | | b. Sells or dispenses the alcoholic liquors in a manner | 13 | | that does not
impair normal workings of State offices or | 14 | | operations located at the
facility, property or building;
| 15 | | c. Sells or dispenses alcoholic liquors only in | 16 | | connection with an
official activity of the individual or | 17 | | organization in the facility,
property or building;
| 18 | | d. Provides, or its catering service provides, dram | 19 | | shop liability
insurance in maximum coverage limits and in | 20 | | which the carrier agrees to
defend, save harmless and | 21 | | indemnify the State of Illinois from all
financial loss, | 22 | | damage or harm arising out of the selling or dispensing of
| 23 | | alcoholic liquors.
| 24 | | The controlling government authority for the
Historic | 25 | | Sites and Preservation Division of the
Historic Preservation | 26 | | Agency
shall be the Director of the Historic Sites and |
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| 1 | | Preservation, and the
controlling
government authority for the | 2 | | Abraham Lincoln Presidential Library and Museum
shall be the | 3 | | Director of the Abraham Lincoln Presidential Library and | 4 | | Museum.
| 5 | | Alcoholic liquors may be delivered to and sold at retail or | 6 | | dispensed for
consumption at the Michael Bilandic Building at | 7 | | 160 North LaSalle Street,
Chicago IL 60601, after the normal | 8 | | business hours of any day care or child care
facility located | 9 | | in the building, by (1) a commercial tenant or subtenant
| 10 | | conducting business on the premises under a lease made pursuant | 11 | | to Section
405-315 of the Department of Central Management | 12 | | Services Law (20 ILCS
405/405-315), provided that such tenant | 13 | | or subtenant who accepts delivery of,
sells, or dispenses | 14 | | alcoholic liquors shall procure and maintain dram shop
| 15 | | liability insurance in maximum coverage limits and in which the | 16 | | carrier
agrees to defend, indemnify, and save harmless the | 17 | | State of Illinois from
all financial loss, damage, or harm | 18 | | arising out of the delivery, sale, or
dispensing of alcoholic | 19 | | liquors, or by (2) an agency of the State, whether
legislative, | 20 | | judicial, or executive, provided that such agency first obtains
| 21 | | written permission to accept delivery of and sell or dispense | 22 | | alcoholic liquors
from the Director of Central Management | 23 | | Services, or by (3) a not-for-profit
organization, provided | 24 | | that such organization:
| 25 | | a. obtains written consent from the Department of | 26 | | Central Management
Services;
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| 1 | | b. accepts delivery of and sells or dispenses the | 2 | | alcoholic liquors in a
manner that does not impair normal | 3 | | operations of State offices located in the
building;
| 4 | | c. accepts delivery of and sells or dispenses alcoholic | 5 | | liquors only in
connection with an official activity in the | 6 | | building; and
| 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 functions authorized by
the Director of | 17 | | Central Management Services.
| 18 | | Alcoholic liquors may be sold at retail or dispensed at the | 19 | | James R.
Thompson Center in Chicago, subject to the provisions | 20 | | of Section 7.4 of the
State Property Control Act, and 222 South | 21 | | College Street in Springfield,
Illinois by (1) a commercial | 22 | | tenant or subtenant conducting business on the
premises under a | 23 | | lease or sublease made pursuant to Section 405-315 of the
| 24 | | Department of Central Management Services Law (20 ILCS | 25 | | 405/405-315), provided
that such tenant or subtenant who
sells | 26 | | or dispenses alcoholic liquors shall procure and maintain dram |
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| 1 | | shop
liability insurance in maximum coverage limits and in | 2 | | which the carrier
agrees to defend, indemnify and save harmless | 3 | | the State of Illinois from
all financial loss, damage or harm | 4 | | arising out of the sale or dispensing of
alcoholic liquors, or | 5 | | by (2) an agency of the State, whether legislative,
judicial or | 6 | | executive, provided that such agency first obtains written
| 7 | | permission to sell or dispense alcoholic liquors from the | 8 | | Director of
Central Management Services, or by (3) a | 9 | | not-for-profit organization,
provided that such organization:
| 10 | | a. Obtains written consent from the Department of | 11 | | Central Management
Services;
| 12 | | b. Sells or dispenses the alcoholic liquors in a manner | 13 | | that does not
impair normal operations of State offices | 14 | | located in the building;
| 15 | | c. Sells or dispenses alcoholic liquors only in | 16 | | connection with an
official activity in the building;
| 17 | | d. Provides, or its catering service provides, dram | 18 | | shop liability
insurance in maximum coverage limits and in | 19 | | which the carrier agrees to
defend, save harmless and | 20 | | indemnify the State of Illinois from all
financial loss, | 21 | | damage or harm arising out of the selling or dispensing of
| 22 | | alcoholic liquors.
| 23 | | Nothing in this Act shall prevent a not-for-profit | 24 | | organization or agency
of the State from employing the services | 25 | | of a catering establishment for
the selling or dispensing of | 26 | | alcoholic liquors at functions authorized by
the Director of |
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| 1 | | Central Management Services.
| 2 | | Alcoholic liquors may be sold or delivered at any facility | 3 | | owned by the
Illinois Sports Facilities Authority provided that | 4 | | dram shop liability
insurance has been made available in a | 5 | | form, with such coverage and in such
amounts as the Authority | 6 | | reasonably determines is necessary.
| 7 | | Alcoholic liquors may be sold at retail or dispensed at the | 8 | | Rockford
State Office Building by (1) an agency of the State, | 9 | | whether legislative,
judicial or executive, provided that such | 10 | | agency first obtains written
permission to sell or dispense | 11 | | alcoholic liquors from the Department of
Central Management | 12 | | Services, or by (2) a not-for-profit organization,
provided | 13 | | that such organization:
| 14 | | a. Obtains written consent from the Department of | 15 | | Central Management
Services;
| 16 | | b. Sells or dispenses the alcoholic liquors in a manner | 17 | | that does not
impair normal operations of State offices | 18 | | located in the building;
| 19 | | c. Sells or dispenses alcoholic liquors only in | 20 | | connection with an
official activity in the building;
| 21 | | d. Provides, or its catering service provides, dram | 22 | | shop liability
insurance in maximum coverage limits and in | 23 | | which the carrier agrees to defend,
save harmless and | 24 | | indemnify the State of Illinois from all financial loss,
| 25 | | damage or harm arising out of the selling or dispensing of | 26 | | alcoholic liquors.
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| 1 | | Nothing in this Act shall prevent a not-for-profit | 2 | | organization or agency
of the State from employing the services | 3 | | of a catering establishment for
the selling or dispensing of | 4 | | alcoholic liquors at functions authorized by
the Department of | 5 | | Central Management Services.
| 6 | | Alcoholic liquors may be sold or delivered in a building | 7 | | that is owned
by McLean County, situated on land owned by the | 8 | | county in the City of
Bloomington, and used by the McLean | 9 | | County Historical Society if the sale
or delivery is approved | 10 | | by an ordinance adopted by the county board, and
the | 11 | | municipality in which the building is located may not prohibit | 12 | | that
sale or delivery, notwithstanding any other provision of | 13 | | this Section. The
regulation of the sale and delivery of | 14 | | alcoholic liquor in a building that
is owned by McLean County, | 15 | | situated on land owned by the county, and used
by the McLean | 16 | | County Historical Society as provided in this paragraph is an
| 17 | | exclusive power and function of the State and is a denial and | 18 | | limitation
under Article VII, Section 6, subsection (h) of the | 19 | | Illinois Constitution
of the power of a home rule municipality | 20 | | to regulate that sale and delivery.
| 21 | | Alcoholic liquors may be sold or delivered in any building | 22 | | situated on
land held in trust for any school district | 23 | | organized under Article 34 of
the School Code, if the building | 24 | | is not used for school purposes and if the
sale or delivery is | 25 | | approved by the board of education.
| 26 | | Alcoholic liquors may be sold or delivered in buildings |
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| 1 | | owned
by the Community Building Complex Committee of Boone | 2 | | County,
Illinois if the person or facility selling or | 3 | | dispensing the
alcoholic liquor has provided dram shop | 4 | | liability insurance with coverage and
in amounts that the | 5 | | Committee reasonably determines are necessary.
| 6 | | Alcoholic liquors may be sold or delivered in the building | 7 | | located at
1200 Centerville Avenue in Belleville, Illinois and | 8 | | occupied by either the
Belleville Area Special Education | 9 | | District or the Belleville Area Special
Services
Cooperative. | 10 | | Alcoholic liquors may be delivered to and sold at the Louis | 11 | | Joliet
Renaissance Center, City Center Campus, located at 214 | 12 | | N. Ottawa Street,
Joliet, and
the Food Services/Culinary Arts | 13 | | Department facilities, Main Campus, located at
1215 Houbolt | 14 | | Road, Joliet, owned by or under the control of Joliet Junior
| 15 | | College,
Illinois Community College District No. 525.
| 16 | | Alcoholic liquors may be delivered to and sold at Triton | 17 | | College, Illinois Community College District No. 504. | 18 | | Alcoholic liquors may be delivered to and sold at the | 19 | | College of DuPage, Illinois Community College District No. 502. | 20 | | Alcoholic liquors may be delivered to and sold at the | 21 | | building located at 446 East Hickory Avenue in Apple River, | 22 | | Illinois, owned by the Apple River Fire Protection District, | 23 | | and occupied by the Apple River Community Association if the | 24 | | alcoholic liquor is sold or dispensed only in connection with | 25 | | organized functions approved by the Apple River Community | 26 | | Association for which the planned attendance is 20 or more |
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| 1 | | persons and if the person or facility selling or dispensing the | 2 | | alcoholic liquor has provided dram shop liability insurance in | 3 | | maximum limits so as to hold harmless the Apple River Fire | 4 | | Protection District, the Village of Apple River, and the Apple | 5 | | River Community Association from all financial loss, damage, | 6 | | and harm. | 7 | | Alcoholic liquors may be delivered to and sold at the Sikia | 8 | | Restaurant, Kennedy King College Campus, located at 740 West | 9 | | 63rd Street, Chicago, and at the Food Services in the Great | 10 | | Hall/Washburne Culinary Institute Department facility, Kennedy | 11 | | King College Campus, located at 740 West 63rd Street, Chicago, | 12 | | owned by or under the control of City Colleges of Chicago, | 13 | | Illinois Community College District No. 508.
| 14 | | (Source: P.A. 97-33, eff. 6-28-11; 97-45, eff. 6-28-11; 97-51, | 15 | | eff. 6-28-11; 97-167, eff. 7-22-11; 97-250, eff. 8-4-11; | 16 | | 97-395, eff. 8-16-11; 97-813, eff. 7-13-12; 97-1166, eff. | 17 | | 3-1-13; 98-132, eff. 8-2-13; 98-201, eff. 8-9-13; revised | 18 | | 9-24-13.) | 19 | | (320 ILCS 65/20 rep.) | 20 | | Section 110. The Family Caregiver Act is amended by | 21 | | repealing Section 20.
| 22 | | (410 ILCS 3/10 rep.)
| 23 | | Section 115. The Atherosclerosis Prevention Act is amended | 24 | | by repealing Section 10.
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| 1 | | (410 ILCS 425/Act rep.)
| 2 | | Section 120. The High Blood Pressure Control Act is | 3 | | repealed. | 4 | | Section 125. The Environmental Protection Act is amended by | 5 | | changing Section 22.8 as follows:
| 6 | | (415 ILCS 5/22.8) (from Ch. 111 1/2, par. 1022.8)
| 7 | | Sec. 22.8. Environmental Protection Permit and Inspection | 8 | | Fund.
| 9 | | (a) There is hereby created in the State Treasury a special | 10 | | fund to be known
as the Environmental Protection Permit and | 11 | | Inspection Fund. All fees collected
by the Agency pursuant to | 12 | | this Section, Section 9.6, 12.2, 16.1, 22.2
(j)(6)(E)(v)(IV), | 13 | | 56.4, 56.5, 56.6, and subsection (f) of Section 5 of this
Act , | 14 | | or pursuant to Section 22 of the Public Water Supply Operations | 15 | | Act or Section 1011 of the Solid Waste Site Operator | 16 | | Certification Law, as well as
and funds collected under | 17 | | subsection (b.5) of Section 42 of this Act ,
shall be deposited | 18 | | into the Fund. In addition to any monies appropriated
from the | 19 | | General Revenue Fund, monies in the Fund shall be appropriated
| 20 | | by the General Assembly to the Agency in amounts deemed | 21 | | necessary for
manifest, permit, and inspection activities and | 22 | | for performing its functions, powers, and duties under the | 23 | | Solid Waste Site Operator Certification Law processing |
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| 1 | | requests
under Section 22.2 (j)(6)(E)(v)(IV) .
| 2 | | The General Assembly may appropriate monies in the Fund | 3 | | deemed necessary
for Board regulatory and adjudicatory | 4 | | proceedings.
| 5 | | (a-5) As soon as practicable after the effective date of | 6 | | this amendatory Act of the 98th General Assembly, but no later | 7 | | than January 1, 2014, the State Comptroller shall direct and | 8 | | the State Treasurer shall transfer all monies in the Industrial | 9 | | Hygiene Regulatory and Enforcement Fund to the Environmental | 10 | | Protection Permit and Inspection Fund to be used in accordance | 11 | | with the terms of the Environmental Protection Permit and | 12 | | Inspection Fund. | 13 | | (a-6) As soon as practicable after the effective date of | 14 | | this amendatory Act of the 98th General Assembly, but no later | 15 | | than December 31, 2014, the State Comptroller shall order the | 16 | | transfer of, and the State Treasurer shall transfer, all moneys | 17 | | in the Hazardous Waste Occupational Licensing Fund into the | 18 | | Environmental Protection Permit and Inspection Fund to be used | 19 | | in accordance with the terms of the Environmental Protection | 20 | | Permit and Inspection Fund. | 21 | | (b) The Agency shall collect from the
owner or operator of | 22 | | any of the following types of hazardous waste disposal
sites or | 23 | | management facilities which require a RCRA permit under | 24 | | subsection
(f) of Section 21 of this Act, or a UIC permit under | 25 | | subsection (g) of Section
12 of this Act, an annual fee in the | 26 | | amount of:
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| 1 | | (1) $35,000 ($70,000 beginning in 2004)
for a hazardous | 2 | | waste disposal site receiving hazardous
waste if the | 3 | | hazardous waste disposal site is located off the site where
| 4 | | such waste was produced;
| 5 | | (2) $9,000 ($18,000 beginning in 2004)
for a hazardous | 6 | | waste disposal site receiving hazardous waste
if the | 7 | | hazardous waste disposal site is located on the site where | 8 | | such
waste was produced;
| 9 | | (3) $7,000 ($14,000 beginning in 2004)
for a hazardous | 10 | | waste disposal site receiving hazardous waste
if the | 11 | | hazardous waste disposal site is an underground injection | 12 | | well;
| 13 | | (4) $2,000 ($4,000 beginning in 2004)
for a hazardous | 14 | | waste management facility treating
hazardous waste by | 15 | | incineration;
| 16 | | (5) $1,000 ($2,000 beginning in 2004)
for a hazardous | 17 | | waste management facility treating hazardous
waste by a | 18 | | method, technique or process other than incineration;
| 19 | | (6) $1,000 ($2,000 beginning in 2004)
for a hazardous | 20 | | waste management facility storing hazardous
waste in a | 21 | | surface impoundment or pile;
| 22 | | (7) $250 ($500 beginning in 2004)
for a hazardous waste | 23 | | management facility storing hazardous
waste other than in a | 24 | | surface impoundment or pile; and
| 25 | | (8) Beginning in 2004, $500 for a large quantity | 26 | | hazardous waste
generator required to submit an annual or |
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| 1 | | biennial report for hazardous waste
generation.
| 2 | | (c) Where two or more operational units are located within | 3 | | a single
hazardous waste disposal site, the Agency shall | 4 | | collect from the owner or
operator of such site an annual fee | 5 | | equal to the highest fee imposed by
subsection (b) of this | 6 | | Section upon any single operational unit within the
site.
| 7 | | (d) The fee imposed upon a hazardous waste disposal site | 8 | | under this
Section shall be the exclusive permit and inspection | 9 | | fee applicable to
hazardous waste disposal at such site, | 10 | | provided that nothing in this
Section shall be construed to | 11 | | diminish or otherwise affect any fee imposed
upon the owner or | 12 | | operator of a hazardous waste disposal site by Section 22.2.
| 13 | | (e) The Agency shall establish procedures, no later than | 14 | | December 1,
1984, relating to the collection of the hazardous | 15 | | waste disposal site
fees authorized by this Section. Such | 16 | | procedures shall include, but not be
limited to the time and | 17 | | manner of payment of fees to the Agency, which
shall be | 18 | | quarterly, payable at the beginning of each quarter for | 19 | | hazardous
waste disposal site fees. Annual fees required under | 20 | | paragraph (7) of
subsection (b) of this Section shall accompany | 21 | | the annual report required
by Board regulations for the | 22 | | calendar year for which the report applies.
| 23 | | (f) For purposes of this Section, a hazardous waste | 24 | | disposal site
consists of one or more of the following | 25 | | operational units:
| 26 | | (1) a landfill receiving hazardous waste for disposal;
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| 1 | | (2) a waste pile or surface impoundment, receiving | 2 | | hazardous waste, in
which residues which exhibit any of the | 3 | | characteristics of hazardous waste
pursuant to Board | 4 | | regulations are reasonably expected to remain after | 5 | | closure;
| 6 | | (3) a land treatment facility receiving hazardous | 7 | | waste; or
| 8 | | (4) a well injecting hazardous waste.
| 9 | | (g) The Agency shall assess a fee for each manifest | 10 | | provided by the
Agency. For manifests provided on or after | 11 | | January 1, 1989 but before July 1,
2003, the fee shall be $1 | 12 | | per manifest. For manifests provided on or after
July 1, 2003, | 13 | | the fee shall be $3 per manifest.
| 14 | | (Source: P.A. 98-78, eff. 7-15-13.)
| 15 | | Section 130. The Illinois Pesticide Act is amended by | 16 | | changing Sections 19.3 and 22.2 as follows:
| 17 | | (415 ILCS 60/19.3)
| 18 | | Sec. 19.3. Agrichemical Facility Response Action Program.
| 19 | | (a) It is the policy of the State of Illinois that an | 20 | | Agrichemical Facility
Response Action Program be implemented | 21 | | to reduce potential agrichemical pollution
and minimize | 22 | | environmental degradation risk potential at these sites. In | 23 | | this
Section, "agrichemical facility" means a site where | 24 | | agrichemicals are
stored or handled, or both, in preparation |
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| 1 | | for end use. "Agrichemical
facility" does not include basic | 2 | | manufacturing or central distribution sites
utilized only for | 3 | | wholesale purposes. As used in this Section, "agrichemical"
| 4 | | means pesticides or commercial fertilizers at an agrichemical | 5 | | facility.
| 6 | | The program shall provide guidance for assessing the threat | 7 | | of soil
agrichemical
contaminants to groundwater and | 8 | | recommending which sites need to establish a
voluntary | 9 | | corrective action program.
| 10 | | The program shall establish appropriate site-specific soil | 11 | | cleanup
objectives, which shall be based on the potential for | 12 | | the agrichemical
contaminants to move from the soil to | 13 | | groundwater and the potential of the
specific soil agrichemical | 14 | | contaminants to cause an
exceedence of a Class I
or Class III | 15 | | groundwater quality standard or a health advisory level. The
| 16 | | Department shall use the information found and procedures | 17 | | developed in the
Agrichemical Facility Site Contamination | 18 | | Study or other appropriate physical
evidence to establish the | 19 | | soil agrichemical contaminant
levels of concern to
groundwater | 20 | | in the various hydrological settings to establish | 21 | | site-specific
cleanup objectives.
| 22 | | No remediation of a site may be recommended unless (i) the | 23 | | agrichemical
contamination
level in the soil exceeds the | 24 | | site-specific cleanup objectives
or (ii) the agrichemical | 25 | | contaminant level in the soil
exceeds levels where physical | 26 | | evidence and risk evaluation indicates
probability of the site |
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| 1 | | causing an
exceedence of a groundwater quality standard.
| 2 | | When a remediation plan must be carried out over a number | 3 | | of years due to
limited financial resources of the owner or | 4 | | operator of the agrichemical
facility, those soil agrichemical | 5 | | contaminated areas that
have the greatest potential to | 6 | | adversely impact vulnerable Class I groundwater
aquifers and | 7 | | adjacent potable water wells shall
receive the highest priority | 8 | | rating and be remediated first.
| 9 | | (b) (Blank). The Agrichemical Facility Response Action | 10 | | Program Board ("the Board") is
created. The
Board members shall | 11 | | consist of the following:
| 12 | | (1) The Director or the Director's designee.
| 13 | | (2) One member who represents pesticide manufacturers.
| 14 | | (3) Two members who represent retail agrichemical | 15 | | dealers.
| 16 | | (4) One member who represents agrichemical | 17 | | distributors.
| 18 | | (5) One member who represents active farmers.
| 19 | | (6) One member at large.
| 20 | | The public members of the Board shall be appointed by the | 21 | | Governor for terms
of 2 years. Those persons on the Board who | 22 | | represent pesticide manufacturers,
agrichemical dealers, | 23 | | agrichemical distributors, and farmers shall be selected
from | 24 | | recommendations made by the associations whose membership | 25 | | reflects those
specific areas of interest. The members of the | 26 | | Board shall be appointed within
90 days after the effective |
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| 1 | | date of this amendatory Act of 1995. Vacancies on
the Board | 2 | | shall be filled within 30 days. The Board may fill any | 3 | | membership
position vacant for a period exceeding 30 days.
| 4 | | The members of the Board shall be paid no compensation, but | 5 | | shall be
reimbursed
for their expenses incurred in performing | 6 | | their duties. If a civil
proceeding is commenced against a | 7 | | Board member arising out of an act or
omission occurring within | 8 | | the scope of the Board member's performance of his or
her | 9 | | duties under this Section, the State, as provided by rule, | 10 | | shall indemnify
the Board member for any damages awarded and | 11 | | court costs and attorney's fees
assessed as part of a final and | 12 | | unreversed judgement, or shall pay the
judgment, unless the | 13 | | court or jury finds that the conduct or inaction that gave
rise | 14 | | to the claim or cause of action was intentional, wilful or | 15 | | wanton
misconduct and was not intended to serve or benefit | 16 | | interests of the State.
| 17 | | The chairperson of the Board shall be selected by the Board | 18 | | from among the
public members.
| 19 | | (c) (Blank). The Board has the authority to do the | 20 | | following:
| 21 | | (1) Cooperate with the Department and review and | 22 | | approve an agrichemical
facility remediation program as | 23 | | outlined in the handbook or manual as set forth
in | 24 | | subdivision (d)(8) of this Section.
| 25 | | (2) Review and give final approval to each agrichemical | 26 | | facility
corrective
action plan.
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| 1 | | (3) Approve any changes to an agrichemical facility's | 2 | | corrective action
plan that may be necessary.
| 3 | | (4) Upon completion of the corrective action plan, | 4 | | recommend to the
Department that the site-specific cleanup | 5 | | objectives have been met and that a
notice of closure be | 6 | | issued by the Department stating that no further remedial
| 7 | | action is required to remedy the past agrichemical
| 8 | | contamination.
| 9 | | (5) When a soil agrichemical contaminant assessment
| 10 | | confirms that remedial
action
is not required in accordance | 11 | | with the Agrichemical Facility Response Action
Program, | 12 | | recommend that a notice of closure be issued by the | 13 | | Department stating
that no
further remedial action is | 14 | | required to remedy the past agrichemical
contamination.
| 15 | | (6) Periodically review the Department's | 16 | | administration of the
Agrichemical Incident Response Trust | 17 | | Fund and actions taken with respect to the
Fund. The Board | 18 | | shall also provide advice to the Interagency Committee on
| 19 | | Pesticides regarding the proper handling of agrichemical | 20 | | incidents at
agrichemical facilities in Illinois.
| 21 | | (d) The Director has the authority to do the following:
| 22 | | (1) When requested by the owner or operator of an | 23 | | agrichemical
facility, may investigate the agrichemical | 24 | | facility site contamination.
| 25 | | (2) After completion of the investigation under item | 26 | | subdivision (d) (1) of this
subsection Section , recommend |
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| 1 | | to the owner or operator of an
agrichemical facility that a
| 2 | | voluntary assessment be made of the soil agrichemical
| 3 | | contaminant when there is
evidence that the evaluation of | 4 | | risk indicates that
groundwater could be
adversely | 5 | | impacted.
| 6 | | (3) Review and make recommendations on any corrective | 7 | | action plan
submitted by the owner or operator of an | 8 | | agrichemical facility to the Board for
final approval .
| 9 | | (4) On approval by the Director Board , issue an order | 10 | | to the owner or operator of
an
agrichemical facility that | 11 | | has filed a voluntary corrective action plan that
the owner | 12 | | or operator may proceed with that plan.
| 13 | | (5) Provide remedial project oversight and , monitor | 14 | | remedial work progress ,
and
report to the Board on the | 15 | | status of remediation projects .
| 16 | | (6) Provide staff to support program the activities of | 17 | | the Board .
| 18 | | (7) (Blank). Take appropriate action on the Board's | 19 | | recommendations regarding
policy
needed to carry out the | 20 | | Board's responsibilities under this Section.
| 21 | | (8) Incorporate In cooperation with the Board, | 22 | | incorporate the following into a
handbook or manual: the | 23 | | procedures for site assessment; pesticide constituents
of | 24 | | concern and associated parameters; guidance on remediation | 25 | | techniques, land
application, and corrective action plans; | 26 | | and other information or instructions
that the Department |
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| 1 | | may find necessary.
| 2 | | (9) Coordinate preventive response actions at | 3 | | agrichemical facilities
pursuant to the
Groundwater | 4 | | Quality Standards adopted pursuant to Section 8 of the | 5 | | Illinois
Groundwater Protection Act to mitigate resource | 6 | | groundwater impairment.
| 7 | | Upon completion of the corrective action plan and upon | 8 | | recommendation of
the Board , the Department shall issue a | 9 | | notice of closure stating that
site-specific cleanup | 10 | | objectives have been met and no further remedial action
is | 11 | | required to remedy the past agrichemical contamination.
| 12 | | When a soil agrichemical contaminant assessment confirms
| 13 | | that remedial action
is not required in accordance with the | 14 | | Agrichemical Facility Response Action
Program and upon the | 15 | | recommendation of the Board , a notice of closure shall be
| 16 | | issued by the Department stating that no
further remedial | 17 | | action is required to remedy the past agrichemical
| 18 | | contamination.
| 19 | | (e) Upon receipt of notification of an agrichemical
| 20 | | contaminant in
groundwater pursuant to the Groundwater Quality | 21 | | Standards, the Department shall
evaluate the severity of the | 22 | | agrichemical contamination and
shall submit to the
| 23 | | Environmental Protection Agency an informational notice | 24 | | characterizing it as
follows:
| 25 | | (1) An agrichemical contaminant in Class I or Class III
| 26 | | groundwater has
exceeded
the levels of a standard adopted |
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| 1 | | pursuant to the Illinois Groundwater
Protection Act or a | 2 | | health advisory established by the Illinois Environmental
| 3 | | Protection Agency or the United States Environmental | 4 | | Protection Agency; or
| 5 | | (2) An agrichemical has been detected at a level that
| 6 | | requires
preventive notification pursuant to a standard | 7 | | adopted pursuant to the Illinois
Groundwater Protection | 8 | | Act.
| 9 | | (f) When agrichemical contamination is characterized as in
| 10 | | subsection subdivision (e)(1) of this Section, a facility may | 11 | | elect to participate in the
Agrichemical Facility
Response | 12 | | Action Program. In these instances, the scope of the corrective
| 13 | | action plans developed, approved, and completed under this | 14 | | program shall be
limited to the soil agrichemical
contamination | 15 | | present at the site unless implementation of the plan is
| 16 | | coordinated with the Illinois Environmental Protection Agency | 17 | | as follows:
| 18 | | (1) Upon receipt of notice of intent to include | 19 | | groundwater in an action
by a facility, the Department | 20 | | shall also
notify the Illinois Environmental Protection | 21 | | Agency.
| 22 | | (2) Upon receipt of the corrective action plan, the | 23 | | Department shall
coordinate a joint review of the plan with | 24 | | the Illinois Environmental
Protection Agency.
| 25 | | (3) The Illinois Environmental Protection Agency may | 26 | | provide a written
endorsement of the corrective action |
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| 1 | | plan.
| 2 | | (4) The Illinois Environmental Protection Agency may | 3 | | approve a
groundwater
management zone for a period
of 5 | 4 | | years after the implementation of the corrective action | 5 | | plan to allow for
groundwater impairment mitigation | 6 | | results.
| 7 | | (5) (Blank). The Department, in cooperation with the | 8 | | Illinois Environmental
Protection Agency, shall recommend | 9 | | a proposed corrective action plan to the
Board for final | 10 | | approval to proceed with remediation. The recommendation | 11 | | shall
be based on the joint review conducted under | 12 | | subdivision (f)(2) of this
Section and the status of any | 13 | | endorsement issued under subdivision (f)(3) of
this | 14 | | Section.
| 15 | | (6) The Department, in cooperation with the Illinois | 16 | | Environmental
Protection Agency, shall provide remedial | 17 | | project oversight, monitor remedial
work progress , and | 18 | | report to the Board on the status of the remediation
| 19 | | project .
| 20 | | (7) The Department shall, upon completion of the | 21 | | corrective action plan
and recommendation of the Board , | 22 | | issue a notice of closure stating that no
further remedial | 23 | | action is required to remedy the past agrichemical
| 24 | | contamination.
| 25 | | (g) When an owner or operator of an agrichemical facility | 26 | | initiates a soil
contamination assessment on the owner's or |
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| 1 | | operator's own volition and
independent of any requirement | 2 | | under this Section 19.3, information
contained in that | 3 | | assessment may be held as confidential information by the
owner | 4 | | or operator of the facility.
| 5 | | (h) Except as otherwise provided by Department rule, on and | 6 | | after the effective date of this amendatory Act of the 98th | 7 | | General Assembly, any Agrichemical Facility Response Action | 8 | | Program requirement that may be satisfied by an industrial | 9 | | hygienist licensed pursuant to the Industrial Hygienists | 10 | | Licensure Act repealed in this amendatory Act may be satisfied | 11 | | by a Certified Industrial Hygienist certified by the American | 12 | | Board of Industrial Hygiene. | 13 | | (Source: P.A. 98-78, eff. 7-15-13.)
| 14 | | (415 ILCS 60/22.2) (from Ch. 5, par. 822.2)
| 15 | | Sec. 22.2.
(a) There is hereby created a trust fund in
the | 16 | | State Treasury to be known as
the Agrichemical Incident | 17 | | Response Trust Fund. Any funds received by
the Director of | 18 | | Agriculture from the mandates of Section 13.1 shall be
| 19 | | deposited with the Treasurer as ex-officio custodian and held | 20 | | separate and
apart from any public money of this State, with | 21 | | accruing interest on
the trust funds deposited into the trust | 22 | | fund. Disbursement from the fund
for purposes as set forth in | 23 | | this Section shall be by voucher ordered by
the Director and | 24 | | paid by a warrant drawn by the State Comptroller and
| 25 | | countersigned by the State Treasurer. The Director shall order
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| 1 | | disbursements from the Agrichemical Incident Response Trust | 2 | | Fund only for
payment of the expenses authorized by this Act. | 3 | | Monies in this trust fund
shall not be subject
to appropriation | 4 | | by the General Assembly but shall be subject to audit by
the | 5 | | Auditor General. Should the program be terminated, all | 6 | | unobligated
funds in the trust fund shall be transferred to a | 7 | | trust fund to be used for
purposes as originally intended or be | 8 | | transferred to the Pesticide Control
Fund. Interest earned on | 9 | | the Fund shall
be deposited in the Fund. Monies in the Fund may | 10 | | be used
by the Department of Agriculture for the following | 11 | | purposes:
| 12 | | (1) for payment of costs of response action incurred by | 13 | | owners or
operators of agrichemical facilities as provided | 14 | | in Section 22.3 of this Act;
| 15 | | (2) for the Department to take emergency action in | 16 | | response to a
release of agricultural pesticides from an | 17 | | agrichemical facility that has
created an imminent threat | 18 | | to public health or the environment;
| 19 | | (3) for the costs of administering its activities | 20 | | relative to the Fund
as delineated in subsections (b) and | 21 | | (c) of this Section; and
| 22 | | (4) for the Department to:
| 23 | | (A) (blank); and reimburse members of the | 24 | | Agrichemical Facility Response Action
Program Board | 25 | | for their expenses incurred in performing their duties | 26 | | as defined
under Section 19.3 of this Act; and
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| 1 | | (B) administer provide staff to support the | 2 | | activities of the Agrichemical Facility
Response | 3 | | Action Program Board .
| 4 | | The total annual expenditures from the Fund for these | 5 | | purposes under this
paragraph (4) shall not be more than | 6 | | $120,000, and no expenditure from the Fund
for these | 7 | | purposes shall be made when the Fund balance becomes less | 8 | | than
$750,000.
| 9 | | (b) The action undertaken shall be such as may be necessary | 10 | | or
appropriate to protect human health or the environment.
| 11 | | (c) The Director of Agriculture is authorized to enter into | 12 | | contracts
and agreements as may be necessary to carry out the | 13 | | Department's duties
under this Section.
| 14 | | (d) Neither the State, the Director, nor any State employee | 15 | | shall be
liable for any damages or injury arising out of or | 16 | | resulting from any
action taken under this Section.
| 17 | | (e) (Blank). On a quarterly basis, the Department shall | 18 | | advise and consult with
the Agrichemical Facility Response | 19 | | Action Program Board as to the Department's
administration of | 20 | | the Fund.
| 21 | | (Source: P.A. 89-94, eff. 7-6-95.)
| 22 | | Section 135. The Hazardous Material Emergency Response | 23 | | Reimbursement Act is amended by changing Sections 3, 4, and 5 | 24 | | as follows:
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| 1 | | (430 ILCS 55/3) (from Ch. 127 1/2, par. 1003)
| 2 | | Sec. 3. Definitions. As used in this Act:
| 3 | | (a) "Emergency action" means any action taken at or near | 4 | | the scene of a
hazardous materials emergency incident to | 5 | | prevent or minimize harm to human
health, to property, or to | 6 | | the environments from the unintentional release
of a hazardous | 7 | | material.
| 8 | | (b) "Emergency response agency" means a unit of local
| 9 | | government, volunteer fire protection organization, or the | 10 | | American Red Cross that provides:
| 11 | | (1) firefighting services;
| 12 | | (2) emergency rescue services;
| 13 | | (3) emergency medical services;
| 14 | | (4) hazardous materials response teams;
| 15 | | (5) civil defense;
| 16 | | (6) technical rescue teams; or
| 17 | | (7) mass care or assistance to displaced persons.
| 18 | | (c) "Responsible party" means a person who:
| 19 | | (1) owns or has custody of hazardous material that is | 20 | | involved in an
incident requiring emergency action by an | 21 | | emergency response agency; or
| 22 | | (2) owns or has custody of bulk or non-bulk packaging | 23 | | or a transport
vehicle that contains hazardous material | 24 | | that is involved in an incident
requiring emergency action | 25 | | by an emergency response agency; and
| 26 | | (3) who causes or substantially contributed to the |
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| 1 | | cause of the incident.
| 2 | | (d) "Person" means an individual, a corporation, a | 3 | | partnership, an
unincorporated association, or any unit of | 4 | | federal, State or local government.
| 5 | | (e) "Annual budget" means the cost to operate an emergency | 6 | | response
agency excluding personnel costs, which include | 7 | | salary, benefits and
training expenses; and costs to acquire | 8 | | capital equipment including
buildings, vehicles and other such | 9 | | major capital cost items.
| 10 | | (f) "Hazardous material" means a substance or material in a | 11 | | quantity and
form determined by the United States Department of | 12 | | Transportation to be
capable of posing an unreasonable risk to | 13 | | health and safety or property
when transported in commerce.
| 14 | | (g) "Fund" means the Fire Prevention Fund "Panel" means | 15 | | administrative panel .
| 16 | | (Source: P.A. 93-159, eff. 1-1-04; 94-96, eff. 1-1-06.)
| 17 | | (430 ILCS 55/4) (from Ch. 127 1/2, par. 1004)
| 18 | | Sec. 4. Establishment. The Emergency Response | 19 | | Reimbursement Fund in
the State Treasury, hereinafter called | 20 | | the Fund, is
hereby created. Appropriations shall be made from | 21 | | the general revenue fund
to the Fund. Monies in the Fund shall | 22 | | be used as provided in this Act.
| 23 | | The Emergency Response Reimbursement Fund is dissolved as | 24 | | of the effective date of this amendatory Act of the 98th | 25 | | General Assembly. Any moneys remaining in the fund shall be |
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| 1 | | transferred to the Fire Prevention Fund. | 2 | | (Source: P.A. 86-972.)
| 3 | | (430 ILCS 55/5) (from Ch. 127 1/2, par. 1005)
| 4 | | Sec. 5. Reimbursement to agencies.
| 5 | | (a) It shall be the duty of the responsible party to | 6 | | reimburse, within 60 days after the receipt of a bill for the | 7 | | hazardous material emergency incident, the emergency response | 8 | | agencies responding to
a hazardous material emergency | 9 | | incident, and any private contractor
responding to the incident | 10 | | at the request of an emergency response agency,
for the costs | 11 | | incurred in the course of providing emergency action.
| 12 | | (b) In the event that the emergency response agencies are | 13 | | not reimbursed
by a responsible party as required under | 14 | | subsection (a), monies in the Fund , subject to appropriation, | 15 | | shall be used to reimburse the emergency response agencies
| 16 | | providing emergency action at or near the scene of a hazardous | 17 | | materials
emergency incident subject to the following | 18 | | limitations:
| 19 | | (1) Cost recovery from the Fund is limited to | 20 | | replacement of expended
materials including, but not | 21 | | limited to, specialized firefighting
foam, damaged hose or | 22 | | other reasonable and necessary supplies.
| 23 | | (2) The applicable cost of supplies must exceed 2% of | 24 | | the
emergency response agency's annual budget.
| 25 | | (3) A minimum of $500 must have been expended.
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| 1 | | (4) A maximum of $10,000 may be requested per incident.
| 2 | | (5) The response was made to an incident involving | 3 | | hazardous materials
facilities such as rolling stock which | 4 | | are not in a terminal and which are
not included on the | 5 | | property tax roles for the jurisdiction where the
incident | 6 | | occurred.
| 7 | | (c) Application for reimbursement from the Fund shall be
| 8 | | made to the State Fire Marshal or his designee. The State Fire | 9 | | Marshal
shall, through rulemaking, promulgate a standard form | 10 | | for such application.
The State Fire Marshal shall adopt rules | 11 | | for the administration of
this Act.
| 12 | | (d) Claims against the Fund shall be reviewed by the | 13 | | Illinois Fire Advisory Commission at its normally scheduled | 14 | | meetings, as the claims are received. The Commission shall be | 15 | | responsible for: | 16 | | (1) reviewing claims made against the Fund and | 17 | | determining reasonable and necessary expenses to be | 18 | | reimbursed for an emergency response agency: | 19 | | (2) affirming that the emergency response agency has | 20 | | made a reasonable effort to recover expended costs from | 21 | | involved parties; and | 22 | | (3) advising the State Fire Marshal as to those claims | 23 | | against the Fund which merit reimbursement. | 24 | | (e) The State Fire Marshal shall either accept or reject | 25 | | the Commission's recommendations as to a claim's eligibility. | 26 | | The eligibility decision of the State Fire Marshal shall be a |
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| 1 | | final administrative decision, and may be reviewed as provided | 2 | | under the Administrative Review Law. | 3 | | (Source: P.A. 93-989, eff. 1-1-05.)
| 4 | | (430 ILCS 55/7 rep.)
| 5 | | Section 140. The Hazardous Material Emergency Response | 6 | | Reimbursement Act is amended by repealing Section 7.
| 7 | | (510 ILCS 15/1 rep.)
| 8 | | Section 145. The Animal Gastroenteritis Act is amended by | 9 | | repealing Section 1. | 10 | | Section 150. The Illinois Pseudorabies Control Act is | 11 | | amended by changing Section 5.1 as follows:
| 12 | | (510 ILCS 90/5.1) (from Ch. 8, par. 805.1)
| 13 | | Sec. 5.1. Pseudorabies Advisory Committee. Upon the | 14 | | detection of pseudorabies within the State, the The Director of | 15 | | Agriculture
is authorized to establish
within the Department an | 16 | | advisory committee to be known as the Pseudorabies
Advisory | 17 | | Committee. The Committee Such committee shall consist of, but | 18 | | not be limited
to, representatives of swine producers, general | 19 | | swine organizations within
the State, licensed veterinarians, | 20 | | general farm organizations, auction
markets, the packing | 21 | | industry and the University of Illinois. Members of the | 22 | | Committee shall only be appointed and meet during the timeframe |
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| 1 | | of the detection. The Director
shall, from time to time, | 2 | | consult with the Pseudorabies Advisory Committee
on changes in | 3 | | the pseudorabies control program.
| 4 | | The Director shall appoint a Technical Committee from the | 5 | | membership of
the Pseudorabies Advisory Committee, which shall | 6 | | be comprised of a
veterinarian, a swine extension specialist, | 7 | | and a pork producer. This
committee shall serve as resource | 8 | | persons for the technical aspects of the
herd plans and may | 9 | | advise the Department on procedures to be followed,
timetables | 10 | | for accomplishing the elimination of infection, assist in
| 11 | | obtaining cooperation from swine herd owners, and recommend | 12 | | adjustments in
the approved herd plan as necessary.
| 13 | | These Committee members shall be entitled to reimbursement | 14 | | of
all necessary and actual expenses incurred in the | 15 | | performance of their duties.
| 16 | | (Source: P.A. 89-154, eff. 7-19-95.)
| 17 | | (525 ILCS 25/10 rep.) | 18 | | Section 155. The Illinois Lake Management Program Act is | 19 | | amended by repealing Section 10.
| 20 | | (815 ILCS 325/6 rep.) | 21 | | Section 160. The Recyclable Metal Purchase Registration | 22 | | Law is amended by repealing Section 6. | 23 | | Section 995. Illinois Compiled Statutes reassignment. |
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| 1 | | The Legislative Reference Bureau shall reassign the | 2 | | following Act to the specified location in the Illinois | 3 | | Compiled Statutes and file appropriate documents with the Index | 4 | | Division of the Office of the Secretary of State in accordance | 5 | | with subsection (c) of Section 5.04 of the Legislative | 6 | | Reference Bureau Act: | 7 | | Illinois Commission on Volunteerism and Community | 8 | | Service Act, reassigned from 20 ILCS 710/ to 20 ILCS 2330/.
| 9 | | Section 999. Effective date. This Act takes effect upon | 10 | | becoming law, except that Section 60 takes effect January 1, | 11 | | 2015.".
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