Illinois General Assembly - Full Text of HB3903
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Full Text of HB3903  103rd General Assembly




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1    AN ACT concerning government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Department of Agriculture Law of the Civil
5Administrative Code of Illinois is amended by changing Section
6205-40 as follows:
7    (20 ILCS 205/205-40)  (was 20 ILCS 205/40.31)
8    Sec. 205-40. Export consulting service and standards. The
9Department and, upon request, the in cooperation with the
10Department of Commerce and Economic Opportunity, shall (1)
11provide a consulting service to those who desire to export
12farm products, commodities, and supplies and guide them in
13their efforts to improve trade relations; (2) cooperate with
14agencies and instrumentalities of the federal government to
15develop export grade standards for farm products, commodities,
16and supplies produced in Illinois and adopt reasonable rules
17and regulations to ensure that exports of those products,
18commodities, and supplies comply with those standards; (3)
19upon request and after inspection of any such farm product,
20commodity, or supplies, certify compliance or noncompliance
21with those standards; (4) provide an informational program to
22existing and potential foreign importers of farm products,
23commodities, and supplies; (5) qualify for U. S. Department of



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1Agriculture matching funds for overseas promotion of farm
2products, commodities, and supplies according to the federal
3requirements regarding State expenditures that are eligible
4for matching funds; and (6) provide a consulting service to
5persons who desire to export processed or value-added
6agricultural products and assist those persons in ascertaining
7legal and regulatory restrictions and market preferences that
8affect the sale of value-added agricultural products in
9foreign markets.
10(Source: P.A. 100-110, eff. 8-15-17.)
11    (20 ILCS 605/605-820 rep.)
12    Section 10. The Department of Commerce and Economic
13Opportunity Law of the Civil Administrative Code of Illinois
14is amended by repealing Section 605-820.
15    Section 15. The Department of Commerce and Economic
16Opportunity Law of the Civil Administrative Code of Illinois
17is amended by changing Section 605-913 as follows:
18    (20 ILCS 605/605-913)
19    Sec. 605-913. Clean Water Workforce Pipeline Program.
20    (a) The General Assembly finds the following:
21        (1) The fresh surface water and groundwater supply in
22    Illinois and Lake Michigan constitute vital natural
23    resources that require careful stewardship and protection



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1    for future generations. Access to safe and clean drinking
2    water is the right of all Illinois residents.
3        (2) To adequately protect these resources and provide
4    safe and clean drinking water, substantial investment is
5    needed to replace lead components in drinking water
6    infrastructure, improve wastewater treatment, flood
7    control, and stormwater management, control aquatic
8    invasive species, implement green infrastructure
9    solutions, and implement other infrastructure solutions to
10    protect water quality.
11        (3) Implementing these clean water solutions will
12    require a skilled and trained workforce, and new
13    investments will demand additional workers with
14    specialized skills.
15        (4) Water infrastructure jobs have been shown to
16    provide living wages and contribute to Illinois' economy.
17        (5) Significant populations of Illinois residents,
18    including, but not limited to, residents of environmental
19    justice communities, economically and socially
20    disadvantaged communities, those returning from the
21    criminal justice system, foster care alumni, and in
22    particular women and transgender persons, are in need of
23    access to skilled living wage jobs like those in the water
24    infrastructure sector.
25        (6) Many of these residents are more likely to live in
26    communities with aging and inadequate clean water



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1    infrastructure and suffer from threats to surface and
2    drinking water quality.
3        (7) The State can provide significant economic
4    opportunities to these residents and achieve greater
5    environmental and public health by investing in clean
6    water infrastructure.
7        (8) New training, recruitment, support, and placement
8    efforts are needed to connect these residents with career
9    opportunities in water infrastructure.
10        (9) The State must invest in both clean water
11    infrastructure and workforce development efforts in order
12    to achieve these goals.
13    (b) Subject to appropriation, From appropriations made
14from the Build Illinois Bond Fund, Capital Development Fund,
15or General Revenue Fund or other funds as identified by the
16Department, the Department may shall create a Clean Water
17Workforce Pipeline Program to provide grants and other
18financial assistance to prepare and support individuals for
19careers in water infrastructure. All funding provided by the
20Program under this Section shall be designed to encourage and
21facilitate employment in projects funded through State capital
22investment and provide participants a skill set to allow them
23to work professionally in fields related to water
25    Grants and other financial assistance may be made
26available on a competitive annual basis to organizations that



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1demonstrate a capacity to recruit, support, train, and place
2individuals in water infrastructure careers, including, but
3not limited to, community organizations, educational
4institutions, workforce investment boards, community action
5agencies, and multi-craft labor organizations for new efforts
6specifically focused on engaging residents of environmental
7justice communities, economically and socially disadvantaged
8communities, those returning from the criminal justice system,
9foster care alumni, and in particular women and transgender
10persons in these populations.
11    Grants and other financial assistance may shall be awarded
12on a competitive and annual basis for the following
14        (1) identification of individuals for job training in
15    the water sector;
16        (2) counseling, preparation, skills training, and
17    other support to increase a candidate's likelihood of
18    success in a job training program and career;
19        (3) financial support for individuals in a water
20    sector job skills training program, support services, and
21    transportation assistance tied to training under this
22    Section;
23        (4) job placement services for individuals during and
24    after completion of water sector job skills training
25    programs; and
26        (5) financial, administrative, and management



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1    assistance for organizations engaged in these activities.
2    (c) It shall be an annual goal of the Program to train and
3place at least 300, or 25% of the number of annual jobs created
4by State financed water infrastructure projects, whichever is
5greater, of the following persons in water sector-related
6apprenticeships annually: residents of environmental justice
7communities; residents of economically and socially
8disadvantaged communities; those returning from the criminal
9justice system; foster care alumni; and, in particular, women
10and transgender persons. In awarding and administering grants
11under this Program, the Department shall strive to provide
12assistance equitably throughout the State.
13    In order to encourage the employment of individuals
14trained through the Program onto projects receiving State
15financial assistance, the Department may shall coordinate with
16the Illinois Environmental Protection Agency, the Illinois
17Finance Authority, and other State agencies that provide
18financial support for water infrastructure projects. These
19agencies may shall take steps to support attaining the
20training and placement goals set forth in this subsection,
21using a list of projects that receive State financial support.
22These agencies may propose and adopt rules to facilitate the
23attainment of this goal.
24    Using funds appropriated for the purposes of this Section,
25the Department may select through a competitive bidding
26process a Program Administrator to oversee the allocation of



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1funds and select organizations that receive funding.
2    When the program is active, recipients Recipients of
3grants under the Program shall report annually to the
4Department on the success of their efforts and their
5contribution to reaching the goals of the Program provided in
6this subsection. When the program is active, the The
7Department shall compile this information and annually report
8to the General Assembly on the Program, including, but not
9limited to, the following information:
10        (1) progress toward the goals stated in this
11    subsection;
12        (2) any increase in the percentage of water industry
13    jobs in targeted populations;
14        (3) any increase in the rate of acceptance,
15    completion, or retention of water training programs among
16    targeted populations;
17        (4) any increase in the rate of employment, including
18    hours and annual income, measured against pre-Program
19    participant income; and
20        (5) any recommendations for future changes to optimize
21    the success of the Program.
22    (d) Within 90 days of the program receiving an
23appropriation, Within 90 days after January 1, 2020 (the
24effective date of Public Act 101-576), the Department may
25shall propose a draft plan to implement this Section for
26public comment. The Department may shall allow a minimum of 60



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1days for public comment on the plan, including one or more
2public hearings, if requested. The Department may shall
3finalize the plan within 180 days of January 1, 2020 (the
4effective date of Public Act 101-576).
5    The Department may propose and adopt any rules necessary
6for the implementation of the Program and to ensure compliance
7with this Section.
8    (e) (Blank). The Water Workforce Development Fund is
9created as a special fund in the State treasury. The Fund shall
10receive moneys appropriated for the purpose of this Section
11from the Build Illinois Bond Fund, the Capital Development
12Fund, the General Revenue Fund and any other funds. Moneys in
13the Fund shall only be used to fund the Program and to assist
14and enable implementation of clean water infrastructure
15capital investments. Notwithstanding any other law to the
16contrary, the Water Workforce Development Fund is not subject
17to sweeps, administrative charge-backs, or any other fiscal or
18budgetary maneuver that would in any way transfer any amounts
19from the Water Workforce Development Fund into any other fund
20of the State.
21    (f) For purpose of this Section:
22    "Environmental justice community" has the meaning provided
23in subsection (b) of Section 1-50 of the Illinois Power Agency
25    "Multi-craft labor organization" means a joint
26labor-management apprenticeship program registered with and



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1approved by the United States Department of Labor's Office of
2Apprenticeship or a labor organization that has an accredited
3training program through the Higher Learning Commission or the
4Illinois Community College Board.
5    "Organization" means a corporation, company, partnership,
6association, society, order, labor organization, or individual
7or aggregation of individuals.
8(Source: P.A. 101-576, eff. 1-1-20; 102-558, eff. 8-20-21.)
9    (20 ILCS 615/Act rep.)
10    Section 20. The Displaced Homemakers Assistance Act is
12    (20 ILCS 630/3 rep.)
13    (20 ILCS 630/5 rep.)
14    Section 22. The Illinois Emergency Employment Development
15Act is amended by repealing Sections 3 and 5.
16    Section 25. The Renewable Energy, Energy Efficiency, and
17Coal Resources Development Law of 1997 is amended by changing
18Section 6-6 as follows:
19    (20 ILCS 687/6-6)
20    (Section scheduled to be repealed on December 31, 2025)
21    Sec. 6-6. Energy efficiency program.
22    (a) For the year beginning January 1, 1998, and thereafter



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1as provided in this Section, each electric utility as defined
2in Section 3-105 of the Public Utilities Act and each
3alternative retail electric supplier as defined in Section
416-102 of the Public Utilities Act supplying electric power
5and energy to retail customers located in the State of
6Illinois shall contribute annually a pro rata share of a total
7amount of $3,000,000 based upon the number of kilowatt-hours
8sold by each such entity in the 12 months preceding the year of
9contribution. On or before May 1 of each year, the Illinois
10Commerce Commission shall determine and notify the Agency of
11the pro rata share owed by each electric utility and each
12alternative retail electric supplier based upon information
13supplied annually to the Illinois Commerce Commission. On or
14before June 1 of each year, the Agency shall send written
15notification to each electric utility and each alternative
16retail electric supplier of the amount of pro rata share they
17owe. These contributions shall be remitted to the Illinois
18Environmental Protection Agency Department of Revenue on or
19before June 30 of each year the contribution is due on a return
20prescribed and furnished by the Illinois Environmental
21Protection Agency Department of Revenue showing such
22information as the Illinois Environmental Protection Agency
23Department of Revenue may reasonably require. The funds
24received pursuant to this Section shall be subject to the
25appropriation of funds by the General Assembly. The Illinois
26Environmental Protection Agency Department of Revenue shall



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1place the funds remitted under this Section in a trust fund,
2that is hereby created in the State Treasury, called the
3Energy Efficiency Trust Fund. If an electric utility or
4alternative retail electric supplier does not remit its pro
5rata share to the Illinois Environmental Protection Agency
6Department of Revenue, the Illinois Environmental Protection
7Agency Department of Revenue must inform the Illinois Commerce
8Commission of such failure. The Illinois Commerce Commission
9may then revoke the certification of that electric utility or
10alternative retail electric supplier. The Illinois Commerce
11Commission may not renew the certification of any electric
12utility or alternative retail electric supplier that is
13delinquent in paying its pro rata share. These changes made to
14this subsection (a) by this amendatory Act of the 103rd
15General Assembly apply beginning July 1, 2023.
16    (b) The Agency shall disburse the moneys in the Energy
17Efficiency Trust Fund to benefit residential electric
18customers through projects which the Agency has determined
19will promote energy efficiency in the State of Illinois. The
20Department of Commerce and Economic Opportunity shall
21establish a list of projects eligible for grants from the
22Energy Efficiency Trust Fund including, but not limited to,
23supporting energy efficiency efforts for low-income
24households, replacing energy inefficient windows with more
25efficient windows, replacing energy inefficient appliances
26with more efficient appliances, replacing energy inefficient



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1lighting with more efficient lighting, insulating dwellings
2and buildings, using market incentives to encourage energy
3efficiency, and such other projects which will increase energy
4efficiency in homes and rental properties.
5    (c) The Agency may, by administrative rule, establish
6criteria and an application process for this grant program.
7    (d) (Blank).
8    (e) (Blank).
9(Source: P.A. 102-444, eff. 8-20-21.)
10    (20 ILCS 701/Act rep.)
11    Section 27. The High Technology School-to-Work Act is
13    (20 ILCS 1120/Act rep.)
14    Section 30. The Energy Policy and Planning Act is
16    (20 ILCS 1510/65 rep.)
17    Section 40. The Illinois Guaranteed Job Opportunity Act is
18amended by repealing Section 65.
19    (20 ILCS 2310/2310-76 rep.)
20    Section 45. The Department of Public Health Powers and
21Duties Law of the Civil Administrative Code of Illinois is
22amended by repealing Section 2310-76.



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1    (20 ILCS 2335/Act rep.)
2    Section 50. The Community Health Worker Advisory Board Act
3is repealed.
4    (20 ILCS 3934/Act rep.)
5    Section 55. The Electronic Health Records Taskforce Act is
7    Section 60. The Green Governments Illinois Act is amended
8by changing Section 15 as follows:
9    (20 ILCS 3954/15)
10    Sec. 15.Council membership and administrative support.
11Representatives from various State agencies and State
12universities with specific fiscal, procurement, educational,
13and environmental policy expertise shall comprise the Council.
14Until the effective date of this amendatory Act of the 97th
15General Assembly, the Lieutenant Governor is the chair of the
16Council. On and after the effective date of this amendatory
17Act of the 97th General Assembly, the Governor is the chair of
18the Council, and the Lieutenant Governor, or his or her
19designee, shall be a member of the council. The director or
20President, respectively, of each of the following State
21agencies and State universities, or his or her designee, is a
22member of the Council: the Department of Commerce and Economic



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1Opportunity, the Environmental Protection Agency, the
2University of Illinois, the Department of Natural Resources,
3the Department of Central Management Services, the Governor's
4Office of Management and Budget, the Department of
5Agriculture, the Department of Transportation, the Department
6of Corrections, the Department of Human Services, the
7Department of Public Health, the State Board of Education, the
8Board of Higher Education, and the Capital Development Board.
9    The Office of the Governor shall provide administrative
10support to the Council. A minimum of one staff position in the
11Office of the Governor shall be dedicated to the Green
12Governments Illinois program.
13(Source: P.A. 97-573, eff. 8-25-11; 98-346, eff. 8-14-13.)
14    (30 ILCS 105/5.914 rep.)
15    Section 63. The State Finance Act is amended by repealing
16Section 5.914.
17    Section 65. The State Finance Act is amended by changing
18Sections 5k and 6z-75 as follows:
19    (30 ILCS 105/5k)
20    Sec. 5k. Cash flow borrowing and general funds liquidity;
22    (a) In order to meet cash flow deficits and to maintain
23liquidity in the General Revenue Fund and the Health Insurance



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1Reserve Fund, on and after July 1, 2014 and through June 30,
22015, the State Treasurer and the State Comptroller shall make
3transfers to the General Revenue Fund and the Health Insurance
4Reserve Fund, as directed by the Governor, out of special
5funds of the State, to the extent allowed by federal law. No
6such transfer may reduce the cumulative balance of all of the
7special funds of the State to an amount less than the total
8debt service payable during the 12 months immediately
9following the date of the transfer on any bonded indebtedness
10of the State and any certificates issued under the Short Term
11Borrowing Act. At no time shall the outstanding total
12transfers made from the special funds of the State to the
13General Revenue Fund and the Health Insurance Reserve Fund
14under this Section exceed $650,000,000; once the amount of
15$650,000,000 has been transferred from the special funds of
16the State to the General Revenue Fund and the Health Insurance
17Reserve Fund, additional transfers may be made from the
18special funds of the State to the General Revenue Fund and the
19Health Insurance Reserve Fund under this Section only to the
20extent that moneys have first been re-transferred from the
21General Revenue Fund and the Health Insurance Reserve Fund to
22those special funds of the State. Notwithstanding any other
23provision of this Section, no such transfer may be made from
24any special fund that is exclusively collected by or
25appropriated to any other constitutional officer without the
26written approval of that constitutional officer.



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1    (b) If moneys have been transferred to the General Revenue
2Fund and the Health Insurance Reserve Fund pursuant to
3subsection (a) of this Section, this amendatory Act of the
498th General Assembly shall constitute the continuing
5authority for and direction to the State Treasurer and State
6Comptroller to reimburse the funds of origin from the General
7Revenue Fund by transferring to the funds of origin, at such
8times and in such amounts as directed by the Governor when
9necessary to support appropriated expenditures from the funds,
10an amount equal to that transferred from them plus any
11interest that would have accrued thereon had the transfer not
12occurred. When any of the funds from which moneys have been
13transferred pursuant to subsection (a) have insufficient cash
14from which the State Comptroller may make expenditures
15properly supported by appropriations from the fund, then the
16State Treasurer and State Comptroller shall transfer from the
17General Revenue Fund to the fund only such amount as is
18immediately necessary to satisfy outstanding expenditure
19obligations on a timely basis.
20    (c) On the first day of each quarterly period in each
21fiscal year, until such time as a report indicates that all
22moneys borrowed and interest pursuant to this Section have
23been repaid, the Governor's Office of Management and Budget
24shall provide to the President and the Minority Leader of the
25Senate, the Speaker and the Minority Leader of the House of
26Representatives, and the Commission on Government Forecasting



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1and Accountability a report on all transfers made pursuant to
2this Section in the prior fiscal year quarterly period. The
3report must be provided in electronic format. The report must
4include all of the following:
5        (1) The date each transfer was made.
6        (2) The amount of each transfer.
7        (3) In the case of a transfer from the General Revenue
8    Fund to a fund of origin pursuant to subsection (b) of this
9    Section, the amount of interest being paid to the fund of
10    origin.
11        (4) The end of day balance of the fund of origin, the
12    General Revenue Fund and the Health Insurance Reserve Fund
13    on the date the transfer was made.
14(Source: P.A. 98-682, eff. 6-30-14; 99-523, eff. 6-30-16.)
15    (30 ILCS 105/6z-75)
16    Sec. 6z-75. The Illinois Power Agency Trust Fund.
17    (a) Creation. The Illinois Power Agency Trust Fund is
18created as a special fund in the State treasury. The State
19Treasurer shall be the custodian of the Fund. Amounts in the
20Fund, both principal and interest not appropriated, shall be
21invested as provided by law.
22    (b) Funding and investment.
23        (1) The Illinois Power Agency Trust Fund may accept,
24    receive, and administer any grants, loans, or other funds
25    made available to it by any source. Any such funds



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1    received by the Fund shall not be considered income, but
2    shall be added to the principal of the Fund.
3        (2) The investments of the Fund shall be managed by
4    the Illinois State Board of Investment, for the purpose of
5    obtaining a total return on investments for the long term,
6    as provided for under Article 22A of the Illinois Pension
7    Code.
8    (c) Investment proceeds. Subject to the provisions of
9subsection (d) of this Section, the General Assembly may
10annually appropriate from the Illinois Power Agency Trust Fund
11to the Illinois Power Agency Operations Fund an amount
12calculated not to exceed 90% of the prior fiscal year's annual
13investment income earned by the Illinois Power Agency Trust
14Fund to the Illinois Power Agency. Any investment income not
15appropriated by the General Assembly in a given fiscal year
16shall be added to the principal of the Fund, and thereafter
17considered a part thereof and not subject to appropriation as
18income earned by the Fund.
19    (d) Expenditures.
20        (1) During Fiscal Year 2008 and Fiscal Year 2009, the
21    General Assembly shall not appropriate any of the
22    investment income earned by the Illinois Power Agency
23    Trust Fund to the Illinois Power Agency.
24        (2) During Fiscal Year 2010 and Fiscal Year 2011, the
25    General Assembly shall appropriate a portion of the
26    investment income earned by the Illinois Power Agency



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1    Trust Fund to repay to the General Revenue Fund of the
2    State of Illinois those amounts, if any, appropriated from
3    the General Revenue Fund for the operation of the Illinois
4    Power Agency during Fiscal Year 2008 and Fiscal Year 2009,
5    so that at the end of Fiscal Year 2011, the entire amount,
6    if any, appropriated from the General Revenue Fund for the
7    operation of the Illinois Power Agency during Fiscal Year
8    2008 and Fiscal Year 2009 will be repaid in full to the
9    General Revenue Fund.
10        (3) In Fiscal Year 2012 and thereafter, the General
11    Assembly shall consider the need to balance its
12    appropriations from the investment income earned by the
13    Fund with the need to provide for the growth of the
14    principal of the Illinois Power Agency Trust Fund in order
15    to ensure that the Fund is able to produce sufficient
16    investment income to fund the operations of the Illinois
17    Power Agency in future years.
18        (4) If the Illinois Power Agency shall cease
19    operations, then, unless otherwise provided for by law or
20    appropriation, the principal and any investment income
21    earned by the Fund shall be transferred into the
22    Supplemental Low-Income Energy Assistance Fund.
23    (e) Implementation. The provisions of this Section shall
24not be operative until the Illinois Power Agency Trust Fund
25has accumulated a principal balance of $25,000,000.
26(Source: P.A. 102-1071, eff. 6-10-22.)



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1    Section 70. The Industrial Development Assistance Law is
2amended by changing Sections 4, 5, and 7 as follows:
3    (30 ILCS 720/4)  (from Ch. 85, par. 894)
4    Sec. 4. Recognition of industrial development agencies.
5The Department, upon receipt of certified copies of such
6resolutions as may be necessary to satisfy it that an
7industrial development agency has been duly chosen to act
8within a particular county, may shall recognize such
9industrial development agency as the sole such agency within
10such county for the purposes of this Act.
11(Source: P.A. 76-1961.)
12    (30 ILCS 720/5)  (from Ch. 85, par. 895)
13    Sec. 5. Applications for and approval of grants to
14industrial development agencies. Subject to appropriation, the
15The Department is authorized to make grants to recognized
16industrial development agencies, to assist such agencies in
17the financing of their operational costs for the purposes of
18making studies, surveys and investigations, the compilation of
19data and statistics and in the carrying out of planning and
20promotional programs; but before any such grant may be made,
21    (A) The industrial development agency shall have made
22application to the Department for such grant, and shall have
23therein set forth the studies proposed to be made, the



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1statistics, data and surveys proposed to be completed, and the
2program proposed to be undertaken for the purpose of
3encouraging and stimulating industrial development in the
4county. The application shall further state, under oath or
5affirmation, with evidence thereof satisfactory to the
6department, the amount of funds held by or committed or
7subscribed to the industrial development agency for
8application to the purposes herein described and the amount of
9the grant for which application is made; and
10    (B) The Department, after review of the application, if
11satisfied that the program of the industrial development
12agency appears to be in accord with the purposes of this Act,
13shall authorize the making of a matching grant to such
14industrial development agency equal to funds of the agency
15allocated by it to the program described in its application;
16but such State grant shall not exceed an amount equal to
17one-twentieth of one dollar for each inhabitant of the county
18or counties represented by such agency as determined by the
19last preceding decennial United States Census.
20(Source: P.A. 76-1961.)
21    (30 ILCS 720/7)  (from Ch. 85, par. 897)
22    Sec. 7. Rules and regulations of the department. In order
23to effectuate and enforce the provisions of this Act, the
24Department may adopt is authorized to promulgate necessary
25rules and regulations and prescribe procedures in order to



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1assure compliance by industrial development agencies in
2carrying out the purposes for which grants may be made
4(Source: P.A. 76-1961.)
5    Section 75. The Build Illinois Act is amended by changing
6Section 9-4.2a as follows:
7    (30 ILCS 750/9-4.2a)
8    Sec. 9-4.2a. Rural micro-business loans.
9    (a) In order to increase the growth of small rural
10businesses, the rural micro-business loan program is created
11and shall be administered by the Department of Commerce and
12Economic Opportunity, subject to appropriation. This program
13shall help small businesses that lack sufficient collateral or
14equity access funds at competitive terms to help create or
15retain jobs, modernize equipment or facilities, and maintain
16their competitiveness.
17    (b) In the making of loans for rural micro-businesses, as
18defined below, the Department is authorized to employ
19different criteria in lieu of the general provisions of
20subsections (b), (d), (e), (f), (h), and (i) of Section 9-4.
21The Department shall adopt rules for the administration of
22this program.
23    For purposes of this Section, "rural micro-business" means
24a business that: (i) employs 5 or fewer full-time employees,



HB3903 Engrossed- 23 -LRB103 26454 DTM 52817 b

1including the owner if the owner is an employee, and (ii) is
2based on the production, processing, or marketing of
3agricultural products, forest products, cottage and craft
4products, or tourism.
5    (c) The Department may shall determine by rule the amount,
6term, interest rate, and allowable uses of loans awarded under
7this program, except that:
8        (1) The loan shall not exceed $25,000 or 50% of the
9    business project costs, unless the Director of the
10    Department determines that a waiver of these limits is
11    required to meet the purposes of this Act.
12        (2) The loan shall only be made if the Department
13    determines that the number of jobs to be created or
14    retained by the business is reasonable in relation to the
15    loan funds requested.
16        (3) The borrower shall provide a written statement of
17    the funds required to establish or support the business
18    and shall provide equity capital in an amount equal to 10%
19    of the first $10,000 of the required funds and equity
20    capital, other loans, or leveraged capital, or any
21    combination thereof, in an amount equal to 50% of any
22    additional required funds.
23        (4) The loan shall be in a principal amount and form
24    and contain terms and provisions with respect to security,
25    insurance, reporting, delinquency charges, default
26    remedies, and other matters that the Department determines



HB3903 Engrossed- 24 -LRB103 26454 DTM 52817 b

1    are appropriate to protect the public interest and are
2    consistent with the purposes of this Section. The terms
3    and provisions may be less than required for similar loans
4    not covered by this Section.
5        (5) The Department shall award no less than 80% of the
6    amount available for this program for loans to businesses
7    that are located in counties with a population of 100,000
8    or less.
9(Source: P.A. 94-392, eff. 8-1-05.)
10    Section 80. The State Mandates Act is amended by changing
11Section 4 as follows:
12    (30 ILCS 805/4)  (from Ch. 85, par. 2204)
13    Sec. 4. Collection and maintenance of information
14concerning state mandates.
15    (a) The Department of Commerce and Economic Opportunity,
16hereafter referred to as the Department, shall, subject to
17appropriation, be responsible for:
18        (1) Collecting and maintaining information on State
19    mandates, including information required for effective
20    implementation of the provisions of this Act.
21        (2) Reviewing local government applications for
22    reimbursement submitted under this Act in cases in which
23    the General Assembly has appropriated funds to reimburse
24    local governments for costs associated with the



HB3903 Engrossed- 25 -LRB103 26454 DTM 52817 b

1    implementation of a State mandate. In cases in which there
2    is no appropriation for reimbursement, upon a request for
3    determination of a mandate by a unit of local government,
4    or more than one unit of local government filing a single
5    request, other than a school district or a community
6    college district, the Department shall determine whether a
7    Public Act constitutes a mandate and, if so, the Statewide
8    cost of implementation.
9        (3) Hearing complaints or suggestions from local
10    governments and other affected organizations as to
11    existing or proposed State mandates.
12        (4) Reporting each year to the Governor and the
13    General Assembly regarding the administration of
14    provisions of this Act and changes proposed to this Act.
15    The Commission on Government Forecasting and
16Accountability shall conduct public hearings as needed to
17review the information collected and the recommendations made
18by the Department under this subsection (a). The Department
19shall cooperate fully with the Commission on Government
20Forecasting and Accountability, providing any information,
21supporting documentation and other assistance required by the
22Commission on Government Forecasting and Accountability to
23facilitate the conduct of the hearing.
24    (b) Within 2 years following the effective date of this
25Act, the Department shall, subject to appropriation, collect
26and tabulate relevant information as to the nature and scope



HB3903 Engrossed- 26 -LRB103 26454 DTM 52817 b

1of each existing State mandate, including but not necessarily
2limited to (i) identity of type of local government and local
3government agency or official to whom the mandate is directed;
4(ii) whether or not an identifiable local direct cost is
5necessitated by the mandate and the estimated annual amount;
6(iii) extent of State financial participation, if any, in
7meeting identifiable costs; (iv) State agency, if any, charged
8with supervising the implementation of the mandate; and (v) a
9brief description of the mandate and a citation of its origin
10in statute or regulation.
11    (c) The resulting information from subsection (b) shall be
12published in a catalog available to members of the General
13Assembly, State and local officials, and interested citizens.
14As new mandates are enacted they shall be added to the catalog,
15and each January 31 the Department shall, subject to
16appropriation, list each new mandate enacted at the preceding
17session of the General Assembly, and the estimated additional
18identifiable direct costs, if any imposed upon local
19governments. A revised version of the catalog shall, subject
20to appropriation, be published every 2 years beginning with
21the publication date of the first catalog.
22    (d) Failure of the General Assembly to appropriate
23adequate funds for reimbursement as required by this Act shall
24not relieve the Department of Commerce and Economic
25Opportunity from its obligations under this Section.
26(Source: P.A. 100-1148, eff. 12-10-18.)



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1    (70 ILCS 210/22.1 rep.)
2    Section 85. The Metropolitan Pier and Exposition Authority
3Act is amended by repealing Section 22.1.
4    Section 90. The Forensic Psychiatry Fellowship Training
5Act is amended by changing Section 5 as follows:
6    (110 ILCS 46/5)
7    Sec. 5. Creation of program. The University of Illinois
8at Chicago and Southern Illinois University shall expand their
9focuses on enrolling, training, and graduating forensic mental
10health professionals by each creating, subject to
11appropriations, a forensic psychiatry fellowship training
12program at their Colleges of Medicine.
13(Source: P.A. 95-22, eff. 8-3-07.)
14    Section 95. The Liquor Control Act of 1934 is amended by
15changing Sections 6-5 and 9-12 as follows:
16    (235 ILCS 5/6-5)  (from Ch. 43, par. 122)
17    Sec. 6-5. Except as otherwise provided in this Section, it
18is unlawful for any person having a retailer's license or any
19officer, associate, member, representative or agent of such
20licensee to accept, receive or borrow money, or anything else
21of value, or accept or receive credit (other than



HB3903 Engrossed- 28 -LRB103 26454 DTM 52817 b

1merchandising credit in the ordinary course of business for a
2period not to exceed 30 days) directly or indirectly from any
3manufacturer, importing distributor or distributor of
4alcoholic liquor, or from any person connected with or in any
5way representing, or from any member of the family of, such
6manufacturer, importing distributor, distributor or
7wholesaler, or from any stockholders in any corporation
8engaged in manufacturing, distributing or wholesaling of such
9liquor, or from any officer, manager, agent or representative
10of said manufacturer. Except as provided below, it is unlawful
11for any manufacturer or distributor or importing distributor
12to give or lend money or anything of value, or otherwise loan
13or extend credit (except such merchandising credit) directly
14or indirectly to any retail licensee or to the manager,
15representative, agent, officer or director of such licensee. A
16manufacturer, distributor or importing distributor may furnish
17free advertising, posters, signs, brochures, hand-outs, or
18other promotional devices or materials to any unit of
19government owning or operating any auditorium, exhibition
20hall, recreation facility or other similar facility holding a
21retailer's license, provided that the primary purpose of such
22promotional devices or materials is to promote public events
23being held at such facility. A unit of government owning or
24operating such a facility holding a retailer's license may
25accept such promotional devices or materials designed
26primarily to promote public events held at the facility. No



HB3903 Engrossed- 29 -LRB103 26454 DTM 52817 b

1retail licensee delinquent beyond the 30 day period specified
2in this Section shall solicit, accept or receive credit,
3purchase or acquire alcoholic liquors, directly or indirectly
4from any other licensee, and no manufacturer, distributor or
5importing distributor shall knowingly grant or extend credit,
6sell, furnish or supply alcoholic liquors to any such
7delinquent retail licensee; provided that the purchase price
8of all beer sold to a retail licensee shall be paid by the
9retail licensee in cash on or before delivery of the beer, and
10unless the purchase price payable by a retail licensee for
11beer sold to him in returnable bottles shall expressly include
12a charge for the bottles and cases, the retail licensee shall,
13on or before delivery of such beer, pay the seller in cash a
14deposit in an amount not less than the deposit required to be
15paid by the distributor to the brewer; but where the brewer
16sells direct to the retailer, the deposit shall be an amount no
17less than that required by the brewer from his own
18distributors; and provided further, that in no instance shall
19this deposit be less than 50 cents for each case of beer in
20pint or smaller bottles and 60 cents for each case of beer in
21quart or half-gallon bottles; and provided further, that the
22purchase price of all beer sold to an importing distributor or
23distributor shall be paid by such importing distributor or
24distributor in cash on or before the 15th day (Sundays and
25holidays excepted) after delivery of such beer to such
26purchaser; and unless the purchase price payable by such



HB3903 Engrossed- 30 -LRB103 26454 DTM 52817 b

1importing distributor or distributor for beer sold in
2returnable bottles and cases shall expressly include a charge
3for the bottles and cases, such importing distributor or
4distributor shall, on or before the 15th day (Sundays and
5holidays excepted) after delivery of such beer to such
6purchaser, pay the seller in cash a required amount as a
7deposit to assure the return of such bottles and cases.
8Nothing herein contained shall prohibit any licensee from
9crediting or refunding to a purchaser the actual amount of
10money paid for bottles, cases, kegs or barrels returned by the
11purchaser to the seller or paid by the purchaser as a deposit
12on bottles, cases, kegs or barrels, when such containers or
13packages are returned to the seller. Nothing herein contained
14shall prohibit any manufacturer, importing distributor or
15distributor from extending usual and customary credit for
16alcoholic liquor sold to customers or purchasers who live in
17or maintain places of business outside of this State when such
18alcoholic liquor is actually transported and delivered to such
19points outside of this State.
20    A manufacturer, distributor, or importing distributor may
21furnish free social media advertising to a retail licensee if
22the social media advertisement does not contain the retail
23price of any alcoholic liquor and the social media
24advertisement complies with any applicable rules or
25regulations issued by the Alcohol and Tobacco Tax and Trade
26Bureau of the United States Department of the Treasury. A



HB3903 Engrossed- 31 -LRB103 26454 DTM 52817 b

1manufacturer, distributor, or importing distributor may list
2the names of one or more unaffiliated retailers in the
3advertisement of alcoholic liquor through social media.
4Nothing in this Section shall prohibit a retailer from
5communicating with a manufacturer, distributor, or importing
6distributor on social media or sharing media on the social
7media of a manufacturer, distributor, or importing
8distributor. A retailer may request free social media
9advertising from a manufacturer, distributor, or importing
10distributor. Nothing in this Section shall prohibit a
11manufacturer, distributor, or importing distributor from
12sharing, reposting, or otherwise forwarding a social media
13post by a retail licensee, so long as the sharing, reposting,
14or forwarding of the social media post does not contain the
15retail price of any alcoholic liquor. No manufacturer,
16distributor, or importing distributor shall pay or reimburse a
17retailer, directly or indirectly, for any social media
18advertising services, except as specifically permitted in this
19Act. No retailer shall accept any payment or reimbursement,
20directly or indirectly, for any social media advertising
21services offered by a manufacturer, distributor, or importing
22distributor, except as specifically permitted in this Act. For
23the purposes of this Section, "social media" means a service,
24platform, or site where users communicate with one another and
25share media, such as pictures, videos, music, and blogs, with
26other users free of charge.



HB3903 Engrossed- 32 -LRB103 26454 DTM 52817 b

1    No right of action shall exist for the collection of any
2claim based upon credit extended to a distributor, importing
3distributor or retail licensee contrary to the provisions of
4this Section.
5    Every manufacturer, importing distributor and distributor
6shall submit or cause to be submitted, to the State
7Commission, in triplicate, not later than Thursday of each
8calendar week, a verified written list of the names and
9respective addresses of each retail licensee purchasing
10spirits or wine from such manufacturer, importing distributor
11or distributor who, on the first business day of that calendar
12week, was delinquent beyond the above mentioned permissible
13merchandising credit period of 30 days; or, if such is the
14fact, a verified written statement that no retail licensee
15purchasing spirits or wine was then delinquent beyond such
16permissible merchandising credit period of 30 days.
17    Every manufacturer, importing distributor and distributor
18shall submit or cause to be submitted, to the State
19Commission, in triplicate, a verified written list of the
20names and respective addresses of each previously reported
21delinquent retail licensee who has cured such delinquency by
22payment, which list shall be submitted not later than the
23close of the second full business day following the day such
24delinquency was so cured.
25    The written list of delinquent retail licensees shall be
26developed, administered, and maintained only by the State



HB3903 Engrossed- 33 -LRB103 26454 DTM 52817 b

1Commission. The State Commission shall notify each retail
2licensee that it has been placed on the delinquency list.
3Determinations of delinquency or nondelinquency shall be made
4only by the State Commission.
5    Such written verified reports required to be submitted by
6this Section shall be posted by the State Commission in each of
7its offices in places available for public inspection not
8later than the day following receipt thereof by the State
9Commission. The reports so posted shall constitute notice to
10every manufacturer, importing distributor and distributor of
11the information contained therein. Actual notice to
12manufacturers, importing distributors and distributors of the
13information contained in any such posted reports, however
14received, shall also constitute notice of such information.
15    The 30-day merchandising credit period allowed by this
16Section shall commence with the day immediately following the
17date of invoice and shall include all successive days
18including Sundays and holidays to and including the 30th
19successive day.
20    In addition to other methods allowed by law, payment by
21check or credit card during the period for which merchandising
22credit may be extended under the provisions of this Section
23shall be considered payment. All checks received in payment
24for alcoholic liquor shall be promptly deposited for
25collection. A post dated check or a check dishonored on
26presentation for payment shall not be deemed payment.



HB3903 Engrossed- 34 -LRB103 26454 DTM 52817 b

1    A credit card payment in dispute by a retailer shall not be
2deemed payment, and the debt uncured for merchandising credit
3shall be reported as delinquent. Nothing in this Section shall
4prevent a distributor, self-distributing manufacturer, or
5importing distributor from assessing a usual and customary
6transaction fee representative of the actual finance charges
7incurred for processing a credit card payment. This
8transaction fee shall be disclosed on the invoice. It shall be
9considered unlawful for a distributor, importing distributor,
10or self-distributing manufacturer to waive finance charges for
12    A retail licensee shall not be deemed to be delinquent in
13payment for any alleged sale to him of alcoholic liquor when
14there exists a bona fide dispute between such retailer and a
15manufacturer, importing distributor or distributor with
16respect to the amount of indebtedness existing because of such
17alleged sale. A retail licensee shall not be deemed to be
18delinquent under this provision and 11 Ill. Adm. Code 100.90
19until 30 days after the date on which the region in which the
20retail licensee is located enters Phase 4 of the Governor's
21Restore Illinois Plan as issued on May 5, 2020.
22    A delinquent retail licensee who engages in the retail
23liquor business at 2 or more locations shall be deemed to be
24delinquent with respect to each such location.
25    The license of any person who violates any provision of
26this Section shall be subject to suspension or revocation in



HB3903 Engrossed- 35 -LRB103 26454 DTM 52817 b

1the manner provided by this Act.
2    If any part or provision of this Article or the
3application thereof to any person or circumstances shall be
4adjudged invalid by a court of competent jurisdiction, such
5judgment shall be confined by its operation to the controversy
6in which it was mentioned and shall not affect or invalidate
7the remainder of this Article or the application thereof to
8any other person or circumstance and to this and the
9provisions of this Article are declared severable.
10(Source: P.A. 101-631, eff. 6-2-20; 102-8, eff. 6-2-21;
11102-442, eff. 1-1-22; 102-813, eff. 5-13-22.)
12    (235 ILCS 5/9-12)  (from Ch. 43, par. 175.1)
13    Sec. 9-12. Within 10 days after the filing of any petition
14under this Article, the official with whom the petition is
15filed shall prepare, in quintuplicate, the report hereinafter
16prescribed. One copy shall be kept on file in the official's
17office, and he shall, by registered mail, send two copies to
18the Secretary of State, one copy to the county clerk and one
19copy to the person who filed the petition.
20    The official shall make such report substantially in the
21following form:
22    Report of filing of petition for local option election to
23be held on .... in .... (name of precinct, etc.).
24Date of filing ....



HB3903 Engrossed- 36 -LRB103 26454 DTM 52817 b

1By whom filed ....
2Number of signers ....
3Proposal(s) to be voted upon ....
.... (Official)

5    Immediately upon completion of the canvass of any local
6option election, the official shall prepare, in quadruplicate,
7a report of the election result as hereinafter prescribed, and
8shall keep one copy on file in his office , and, within 10 days
9after the canvass, shall, by registered mail, send two copies
10to the Secretary of State and one copy to the county clerk. The
11report shall be substantially as follows:
12    Report of local option election held on .... in .... (name
13of precinct, etc.) upon the following proposal(s) ....
Number voting "YES" ....
Number voting "NO" ....
.... (Official)

17    The official shall sign each copy of every report required
18by this Section.
19    The Secretary of State and the county clerk shall keep on
20file in their offices, available for inspection, any report
21received by him pursuant to this Section.
22(Source: P.A. 91-357, eff. 7-29-99.)



HB3903 Engrossed- 37 -LRB103 26454 DTM 52817 b

1    Section 100. The Atherosclerosis Prevention Act is amended
2by changing Section 15 as follows:
3    (410 ILCS 3/15)
4    Sec. 15. Duties. The Department of Public Health, with the
5advice of the Atherosclerosis Advisory Committee, shall do all
6of the following:
7        (1) Develop standards for determining eligibility for
8    support of research, education, and prevention activities.
9        (2) Assist in the development and expansion of
10    programs for research in the causes and cures of
11    atherosclerosis, including medical procedures and
12    techniques that have a lifesaving effect in the care and
13    treatment of persons suffering from the disease.
14        (3) Assist in expanding resources for research and
15    medical care in the cardiovascular disease field.
16        (4) Establish or cause to be established, through its
17    own resources or by contract or otherwise, with other
18    agencies or institutions, facilities and systems for early
19    detection of persons with heart disease or conditions that
20    might lead to heart disease and for referral to those
21    persons' physicians or other appropriate resources for
22    care.
23        (5) Institute and carry on educational programs among
24    physicians, hospitals, public health departments, and the
25    public concerning atherosclerosis, including the



HB3903 Engrossed- 38 -LRB103 26454 DTM 52817 b

1    dissemination of information and the conducting of
2    educational programs concerning the prevention of
3    atherosclerosis and the methods for the care and treatment
4    of persons suffering from the disease.
5(Source: P.A. 91-343, eff. 1-1-00.)
6    Section 105. The Environmental Protection Act is amended
7by changing Section 55.6 as follows:
8    (415 ILCS 5/55.6)  (from Ch. 111 1/2, par. 1055.6)
9    Sec. 55.6. Used Tire Management Fund.
10    (a) There is hereby created in the State Treasury a
11special fund to be known as the Used Tire Management Fund.
12There shall be deposited into the Fund all monies received as
13(1) recovered costs or proceeds from the sale of used tires
14under Section 55.3 of this Act, (2) repayment of loans from the
15Used Tire Management Fund, or (3) penalties or punitive
16damages for violations of this Title, except as provided by
17subdivision (b)(4) or (b)(4-5) of Section 42.
18    (b) Beginning January 1, 1992, in addition to any other
19fees required by law, the owner or operator of each site
20required to be registered or permitted under subsection (d) or
21(d-5) of Section 55 shall pay to the Agency an annual fee of
22$100. Fees collected under this subsection shall be deposited
23into the Environmental Protection Permit and Inspection Fund.
24    (c) Pursuant to appropriation, moneys up to an amount of



HB3903 Engrossed- 39 -LRB103 26454 DTM 52817 b

1$4 million per fiscal year from the Used Tire Management Fund
2shall be allocated as follows:
3        (1) 38% shall be available to the Agency for the
4    following purposes, provided that priority shall be given
5    to item (i):
6            (i) To undertake preventive, corrective or removal
7        action as authorized by and in accordance with Section
8        55.3, and to recover costs in accordance with Section
9        55.3.
10            (ii) For the performance of inspection and
11        enforcement activities for used and waste tire sites.
12            (iii) (Blank).
13            (iv) To provide financial assistance to units of
14        local government for the performance of inspecting,
15        investigating and enforcement activities pursuant to
16        subsection (r) of Section 4 at used and waste tire
17        sites.
18            (v) To provide financial assistance for used and
19        waste tire collection projects sponsored by local
20        government or not-for-profit corporations.
21            (vi) For the costs of fee collection and
22        administration relating to used and waste tires, and
23        to accomplish such other purposes as are authorized by
24        this Act and regulations thereunder.
25            (vii) To provide financial assistance to units of
26        local government and private industry for the purposes



HB3903 Engrossed- 40 -LRB103 26454 DTM 52817 b

1        of:
2                (A) assisting in the establishment of
3            facilities and programs to collect, process, and
4            utilize used and waste tires and tire-derived
5            materials;
6                (B) demonstrating the feasibility of
7            innovative technologies as a means of collecting,
8            storing, processing, and utilizing used and waste
9            tires and tire-derived materials; and
10                (C) applying demonstrated technologies as a
11            means of collecting, storing, processing, and
12            utilizing used and waste tires and tire-derived
13            materials.
14        (2) (Blank).
15        (2.1) For the fiscal year beginning July 1, 2004 and
16    for all fiscal years thereafter, 23% shall be deposited
17    into the General Revenue Fund. Prior to the fiscal year
18    beginning July 1, 2023, such Such transfers are at the
19    direction of the Department of Revenue, and shall be made
20    within 30 days after the end of each quarter. Beginning
21    with the fiscal year beginning July 1, 2023, such
22    transfers are at the direction of the Agency and shall be
23    made within 30 days after the end of each quarter.
24        (3) 25% shall be available to the Illinois Department
25    of Public Health for the following purposes:
26            (A) To investigate threats or potential threats to



HB3903 Engrossed- 41 -LRB103 26454 DTM 52817 b

1        the public health related to mosquitoes and other
2        vectors of disease associated with the improper
3        storage, handling and disposal of tires, improper
4        waste disposal, or natural conditions.
5            (B) To conduct surveillance and monitoring
6        activities for mosquitoes and other arthropod vectors
7        of disease, and surveillance of animals which provide
8        a reservoir for disease-producing organisms.
9            (C) To conduct training activities to promote
10        vector control programs and integrated pest management
11        as defined in the Vector Control Act.
12            (D) To respond to inquiries, investigate
13        complaints, conduct evaluations and provide technical
14        consultation to help reduce or eliminate public health
15        hazards and nuisance conditions associated with
16        mosquitoes and other vectors.
17            (E) To provide financial assistance to units of
18        local government for training, investigation and
19        response to public nuisances associated with
20        mosquitoes and other vectors of disease.
21        (4) 2% shall be available to the Department of
22    Agriculture for its activities under the Illinois
23    Pesticide Act relating to used and waste tires.
24        (5) 2% shall be available to the Pollution Control
25    Board for administration of its activities relating to
26    used and waste tires.



HB3903 Engrossed- 42 -LRB103 26454 DTM 52817 b

1        (6) 10% shall be available to the University of
2    Illinois for the Prairie Research Institute to perform
3    research to study the biology, distribution, population
4    ecology, and biosystematics of tire-breeding arthropods,
5    especially mosquitoes, and the diseases they spread.
6    (d) By January 1, 1998, and biennially thereafter, each
7State agency receiving an appropriation from the Used Tire
8Management Fund shall report to the Governor and the General
9Assembly on its activities relating to the Fund.
10    (e) Any monies appropriated from the Used Tire Management
11Fund, but not obligated, shall revert to the Fund.
12    (f) In administering the provisions of subdivisions (1),
13(2) and (3) of subsection (c) of this Section, the Agency, the
14Department of Commerce and Economic Opportunity, and the
15Illinois Department of Public Health shall ensure that
16appropriate funding assistance is provided to any municipality
17with a population over 1,000,000 or to any sanitary district
18which serves a population over 1,000,000.
19    (g) Pursuant to appropriation, monies in excess of $4
20million per fiscal year from the Used Tire Management Fund
21shall be used as follows:
22        (1) 55% shall be available to the Agency for the
23    following purposes, provided that priority shall be given
24    to subparagraph (A):
25            (A) To undertake preventive, corrective or renewed
26        action as authorized by and in accordance with Section



HB3903 Engrossed- 43 -LRB103 26454 DTM 52817 b

1        55.3 and to recover costs in accordance with Section
2        55.3.
3            (B) To provide financial assistance to units of
4        local government and private industry for the purposes
5        of:
6                (i) assisting in the establishment of
7            facilities and programs to collect, process, and
8            utilize used and waste tires and tire-derived
9            materials;
10                (ii) demonstrating the feasibility of
11            innovative technologies as a means of collecting,
12            storing, processing, and utilizing used and waste
13            tires and tire-derived materials; and
14                (iii) applying demonstrated technologies as a
15            means of collecting, storing, processing, and
16            utilizing used and waste tires and tire-derived
17            materials.
18            (C) To provide grants to public universities for
19        vector-related research, disease-related research, and
20        for related laboratory-based equipment and field-based
21        equipment.
22        (2) (Blank).
23        (3) For the fiscal year beginning July 1, 2004 and for
24    all fiscal years thereafter, 45% shall be deposited into
25    the General Revenue Fund. Prior to the fiscal year
26    beginning July 1, 2023, such Such transfers are at the



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1    direction of the Department of Revenue, and shall be made
2    within 30 days after the end of each quarter. Beginning
3    with the fiscal year beginning July 1, 2023, such
4    transfers are at the direction of the Agency and shall be
5    made within 30 days after the end of each quarter.
6(Source: P.A. 100-103, eff. 8-11-17; 100-327, eff. 8-24-17;
7100-587, eff. 6-4-18; 100-621, eff. 7-20-18; 100-863, eff.
88-14-18; 101-10, eff. 6-5-19; 101-636, eff. 6-10-20.)
9    (615 ILCS 60/Act rep.)
10    Section 110. The Des Plaines and Illinois Rivers Act is
12    Section 115. The Minimum Wage Law is amended by changing
13Section 10 as follows:
14    (820 ILCS 105/10)  (from Ch. 48, par. 1010)
15    Sec. 10. (a) The Director shall make and revise
16administrative regulations, including definitions of terms, as
17he deems appropriate to carry out the purposes of this Act, to
18prevent the circumvention or evasion thereof, and to safeguard
19the minimum wage established by the Act. Regulations governing
20employment of learners may be issued only after notice and
21opportunity for public hearing, as provided in subsection (c)
22of this Section.
23    (b) In order to prevent curtailment of opportunities for



HB3903 Engrossed- 45 -LRB103 26454 DTM 52817 b

1employment, avoid undue hardship, and safeguard the minimum
2wage rate under this Act, the Director may also issue
3regulations providing for the employment of workers with
4disabilities at wages lower than the wage rate applicable
5under this Act, under permits and for such periods of time as
6specified therein; and providing for the employment of
7learners at wages lower than the wage rate applicable under
8this Act. However, such regulation shall not permit lower
9wages for persons with disabilities on any basis that is
10unrelated to such person's ability resulting from his
11disability, and such regulation may be issued only after
12notice and opportunity for public hearing as provided in
13subsection (c) of this Section.
14    (c) Prior to the adoption, amendment or repeal of any rule
15or regulation by the Director under this Act, except
16regulations which concern only the internal management of the
17Department of Labor and do not affect any public right
18provided by this Act, the Director shall give proper notice to
19persons in any industry or occupation that may be affected by
20the proposed rule or regulation, and hold a public hearing on
21his proposed action at which any such affected person, or his
22duly authorized representative, may attend and testify or
23present other evidence for or against such proposed rule or
24regulation. Rules and regulations adopted under this Section
25shall be filed with the Secretary of State in compliance with
26"An Act concerning administrative rules", as now or hereafter



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1amended. Such adopted and filed rules and regulations shall
2become effective 10 days after copies thereof have been mailed
3by the Department to persons in industries affected thereby at
4their last known address.
5    (d) The commencement of proceedings by any person
6aggrieved by an administrative regulation issued under this
7Act does not, unless specifically ordered by the Court,
8operate as a stay of that administrative regulation against
9other persons. The Court shall not grant any stay of an
10administrative regulation unless the person complaining of
11such regulation files in the Court an undertaking with a
12surety or sureties satisfactory to the Court for the payment
13to the employees affected by the regulation, in the event such
14regulation is affirmed, of the amount by which the
15compensation such employees are entitled to receive under the
16regulation exceeds the compensation they actually receive
17while such stay is in effect.
18    (e) The Department may adopt emergency rules in accordance
19with Section 5-45 of the Illinois Administrative Procedure Act
20to implement the changes made by this amendatory Act of the
21101st General Assembly.
22(Source: P.A. 101-1, eff. 2-19-19.)
23    Section 999. Effective date. This Act takes effect upon
24becoming law.