Full Text of HB3903 103rd General Assembly
HB3903ham001 103RD GENERAL ASSEMBLY | Rep. William "Will" Davis Filed: 2/28/2023
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| 1 | | AMENDMENT TO HOUSE BILL 3903
| 2 | | AMENDMENT NO. ______. Amend House Bill 3903 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Department of Agriculture Law of the Civil | 5 | | Administrative
Code of Illinois is amended by changing Section | 6 | | 205-40 as follows:
| 7 | | (20 ILCS 205/205-40) (was 20 ILCS 205/40.31)
| 8 | | Sec. 205-40. Export consulting service and standards. The
| 9 | | Department and , upon request, the in cooperation with the
| 10 | | Department of Commerce and Economic Opportunity, shall (1) | 11 | | provide a consulting service to
those who desire to export | 12 | | farm products, commodities, and supplies
and
guide them in | 13 | | their efforts to improve trade relations; (2) cooperate
with | 14 | | agencies and instrumentalities of the federal government to | 15 | | develop
export grade standards for farm products, commodities, | 16 | | and supplies
produced in Illinois and adopt reasonable rules |
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| 1 | | and regulations to
ensure that exports of those products,
| 2 | | commodities,
and supplies comply
with those standards; (3) | 3 | | upon request and after inspection of any
such
farm product, | 4 | | commodity, or supplies, certify compliance or noncompliance
| 5 | | with those standards; (4) provide an informational program to
| 6 | | existing
and potential foreign importers of farm products, | 7 | | commodities, and
supplies; (5) qualify for U. S. Department of | 8 | | Agriculture matching
funds for overseas promotion of farm | 9 | | products, commodities, and supplies
according to the federal | 10 | | requirements regarding State expenditures that
are eligible | 11 | | for matching funds; and (6) provide a consulting service to
| 12 | | persons who desire to export processed or value-added | 13 | | agricultural
products
and assist those persons in ascertaining | 14 | | legal and regulatory
restrictions
and market preferences that | 15 | | affect the sale of value-added
agricultural products
in | 16 | | foreign markets.
| 17 | | (Source: P.A. 100-110, eff. 8-15-17.)
| 18 | | (20 ILCS 605/605-820 rep.)
| 19 | | Section 10. The Department of Commerce and Economic | 20 | | Opportunity Law of the
Civil Administrative Code of Illinois | 21 | | is amended by repealing Section 605-820. | 22 | | Section 15. The Department of Commerce and Economic | 23 | | Opportunity Law of the
Civil Administrative Code of Illinois | 24 | | is amended by changing Section 605-913 as follows: |
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| 1 | | (20 ILCS 605/605-913) | 2 | | Sec. 605-913. Clean Water Workforce Pipeline Program. | 3 | | (a) The General Assembly finds the following: | 4 | | (1) The fresh surface water and groundwater supply in | 5 | | Illinois and Lake Michigan constitute vital natural | 6 | | resources that require careful stewardship and protection | 7 | | for future generations. Access to safe and clean drinking | 8 | | water is the right of all Illinois residents. | 9 | | (2) To adequately protect these resources and provide | 10 | | safe and clean drinking water, substantial investment is | 11 | | needed to replace lead components in drinking water | 12 | | infrastructure, improve wastewater treatment, flood | 13 | | control, and stormwater management, control aquatic | 14 | | invasive species, implement green infrastructure | 15 | | solutions, and implement other infrastructure solutions to | 16 | | protect water quality. | 17 | | (3) Implementing these clean water solutions will | 18 | | require a skilled and trained workforce, and new | 19 | | investments will demand additional workers with | 20 | | specialized skills. | 21 | | (4) Water infrastructure jobs have been shown to | 22 | | provide living wages and contribute to Illinois' economy. | 23 | | (5) Significant populations of Illinois residents, | 24 | | including, but not limited to, residents of environmental | 25 | | justice communities, economically and socially |
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| 1 | | disadvantaged communities, those returning from the | 2 | | criminal justice system, foster care alumni, and in | 3 | | particular women and transgender persons, are in need of | 4 | | access to skilled living wage jobs like those in the water | 5 | | infrastructure sector. | 6 | | (6) Many of these residents are more likely to live in | 7 | | communities with aging and inadequate clean water | 8 | | infrastructure and suffer from threats to surface and | 9 | | drinking water quality. | 10 | | (7) The State can provide significant economic | 11 | | opportunities to these residents and achieve greater | 12 | | environmental and public health by investing in clean | 13 | | water infrastructure. | 14 | | (8) New training, recruitment, support, and placement | 15 | | efforts are needed to connect these residents with career | 16 | | opportunities in water infrastructure. | 17 | | (9) The State must invest in both clean water | 18 | | infrastructure and workforce development efforts in order | 19 | | to achieve these goals. | 20 | | (b) Subject to appropriation, From appropriations made | 21 | | from the Build Illinois Bond Fund, Capital Development Fund, | 22 | | or General Revenue Fund or other funds as identified by the | 23 | | Department, the Department may shall create a Clean Water | 24 | | Workforce Pipeline Program to provide grants and other | 25 | | financial assistance to prepare and support individuals for | 26 | | careers in water infrastructure. All funding provided by the |
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| 1 | | Program under this Section shall be designed to encourage and | 2 | | facilitate employment in projects funded through State capital | 3 | | investment and provide participants a skill set to allow them | 4 | | to work professionally in fields related to water | 5 | | infrastructure. | 6 | | Grants and other financial assistance may be made | 7 | | available on a competitive annual basis to organizations that | 8 | | demonstrate a capacity to recruit, support, train, and place | 9 | | individuals in water infrastructure careers, including, but | 10 | | not limited to, community organizations, educational | 11 | | institutions, workforce investment boards, community action | 12 | | agencies, and multi-craft labor organizations for new efforts | 13 | | specifically focused on engaging residents of environmental | 14 | | justice communities, economically and socially disadvantaged | 15 | | communities, those returning from the criminal justice system, | 16 | | foster care alumni, and in particular women and transgender | 17 | | persons in these populations. | 18 | | Grants and other financial assistance may shall be awarded | 19 | | on a competitive and annual basis for the following | 20 | | activities: | 21 | | (1) identification of individuals for job training in | 22 | | the water sector; | 23 | | (2) counseling, preparation, skills training, and | 24 | | other support to increase a candidate's likelihood of | 25 | | success in a job training program and career; | 26 | | (3) financial support for individuals in a water |
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| 1 | | sector job skills training program, support services, and | 2 | | transportation assistance tied to training under this | 3 | | Section; | 4 | | (4) job placement services for individuals during and | 5 | | after completion of water sector job skills training | 6 | | programs; and | 7 | | (5) financial, administrative, and management | 8 | | assistance for organizations engaged in these activities. | 9 | | (c) It shall be an annual goal of the Program to train and | 10 | | place at least 300, or 25% of the number of annual jobs created | 11 | | by State financed water infrastructure projects, whichever is | 12 | | greater, of the following persons in water sector-related | 13 | | apprenticeships annually: residents of environmental justice | 14 | | communities; residents of economically and socially | 15 | | disadvantaged communities; those returning from the criminal | 16 | | justice system; foster care alumni; and, in particular, women | 17 | | and transgender persons. In awarding and administering grants | 18 | | under this Program, the Department shall strive to provide | 19 | | assistance equitably throughout the State. | 20 | | In order to encourage the employment of individuals | 21 | | trained through the Program onto projects receiving State | 22 | | financial assistance, the Department may shall coordinate with | 23 | | the Illinois Environmental Protection Agency, the Illinois | 24 | | Finance Authority, and other State agencies that provide | 25 | | financial support for water infrastructure projects. These | 26 | | agencies may shall take steps to support attaining the |
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| 1 | | training and placement goals set forth in this subsection, | 2 | | using a list of projects that receive State financial support. | 3 | | These agencies may propose and adopt rules to facilitate the | 4 | | attainment of this goal. | 5 | | Using funds appropriated for the purposes of this Section, | 6 | | the Department may select through a competitive bidding | 7 | | process a Program Administrator to oversee the allocation of | 8 | | funds and select organizations that receive funding. | 9 | | When the program is active, recipients Recipients of | 10 | | grants under the Program shall report annually to the | 11 | | Department on the success of their efforts and their | 12 | | contribution to reaching the goals of the Program provided in | 13 | | this subsection. When the program is active, the The | 14 | | Department shall compile this information and annually report | 15 | | to the General Assembly on the Program, including, but not | 16 | | limited to, the following information: | 17 | | (1) progress toward the goals stated in this | 18 | | subsection; | 19 | | (2) any increase in the percentage of water industry | 20 | | jobs in targeted populations; | 21 | | (3) any increase in the rate of acceptance, | 22 | | completion, or retention of water training programs among | 23 | | targeted populations; | 24 | | (4) any increase in the rate of employment, including | 25 | | hours and annual income, measured against pre-Program | 26 | | participant income; and |
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| 1 | | (5) any recommendations for future changes to optimize | 2 | | the success of the Program. | 3 | | (d) Within 90 days of the program receiving an | 4 | | appropriation, Within 90 days after January 1, 2020 (the | 5 | | effective date of Public Act 101-576), the Department may | 6 | | shall propose a draft plan to implement this Section for | 7 | | public comment. The Department may shall allow a minimum of 60 | 8 | | days for public comment on the plan, including one or more | 9 | | public hearings, if requested. The Department may shall | 10 | | finalize the plan within 180 days of January 1, 2020 (the | 11 | | effective date of Public Act 101-576). | 12 | | The Department may propose and adopt any rules necessary | 13 | | for the implementation of the Program and to ensure compliance | 14 | | with this Section. | 15 | | (e) (Blank). The Water Workforce Development Fund is | 16 | | created as a special fund in the State treasury. The Fund shall | 17 | | receive moneys appropriated for the purpose of this Section | 18 | | from the Build Illinois Bond Fund, the Capital Development | 19 | | Fund, the General Revenue Fund and any other funds. Moneys in | 20 | | the Fund shall only be used to fund the Program and to assist | 21 | | and enable implementation of clean water infrastructure | 22 | | capital investments. Notwithstanding any other law to the | 23 | | contrary, the Water Workforce Development Fund is not subject | 24 | | to sweeps, administrative charge-backs, or any other fiscal or | 25 | | budgetary maneuver that would in any way transfer any amounts | 26 | | from the Water Workforce Development Fund into any other fund |
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| 1 | | of the State. | 2 | | (f) For purpose of this Section: | 3 | | "Environmental justice community" has the meaning provided | 4 | | in subsection (b) of Section 1-50 of the Illinois Power Agency | 5 | | Act. | 6 | | "Multi-craft labor organization" means a joint | 7 | | labor-management apprenticeship program registered with and | 8 | | approved by the United States Department of Labor's Office of | 9 | | Apprenticeship or a labor organization that has an accredited | 10 | | training program through the Higher Learning Commission or the | 11 | | Illinois Community College Board. | 12 | | "Organization" means a corporation, company, partnership, | 13 | | association, society, order, labor organization, or individual | 14 | | or aggregation of individuals.
| 15 | | (Source: P.A. 101-576, eff. 1-1-20; 102-558, eff. 8-20-21.) | 16 | | (20 ILCS 615/Act rep.) | 17 | | Section 20. The Displaced Homemakers Assistance Act is | 18 | | repealed. | 19 | | (20 ILCS 630/3 rep.) | 20 | | (20 ILCS 630/5 rep.) | 21 | | Section 22. The Illinois Emergency Employment Development | 22 | | Act is amended by repealing Sections 3 and 5. | 23 | | Section 25. The Renewable Energy, Energy Efficiency, and |
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| 1 | | Coal Resources
Development Law of 1997 is amended by changing | 2 | | Section 6-6 as follows:
| 3 | | (20 ILCS 687/6-6)
| 4 | | (Section scheduled to be repealed on December 31, 2025)
| 5 | | Sec. 6-6. Energy efficiency program.
| 6 | | (a) For the year beginning January 1, 1998, and
thereafter | 7 | | as provided in this Section, each electric utility
as defined | 8 | | in Section 3-105 of the Public Utilities Act and each
| 9 | | alternative retail electric supplier as defined in Section | 10 | | 16-102 of the
Public Utilities Act supplying
electric power | 11 | | and energy to retail customers located in the
State of | 12 | | Illinois shall contribute annually
a pro rata share of
a total | 13 | | amount of $3,000,000 based upon the number of
kilowatt-hours | 14 | | sold by each such entity in the 12 months
preceding the year of | 15 | | contribution. On or before May 1 of each year, the
Illinois | 16 | | Commerce Commission shall
determine and notify the Agency
of | 17 | | the pro rata share
owed by each electric utility and each | 18 | | alternative retail electric supplier
based upon information | 19 | | supplied annually to the Illinois Commerce
Commission. On or | 20 | | before June 1 of each year, the Agency
shall
send written | 21 | | notification to each electric utility and each alternative | 22 | | retail
electric supplier of the amount of pro rata share they | 23 | | owe.
These contributions shall
be remitted to the Illinois | 24 | | Environmental Protection Agency Department of Revenue on or | 25 | | before June 30 of each
year the contribution is due on a return |
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| 1 | | prescribed and furnished by the Illinois Environmental | 2 | | Protection Agency
Department of Revenue showing such | 3 | | information as the Illinois Environmental Protection Agency | 4 | | Department of Revenue may
reasonably require. The funds | 5 | | received pursuant to this Section shall be subject to the
| 6 | | appropriation of funds by the General Assembly. The Illinois | 7 | | Environmental Protection Agency
Department of Revenue shall | 8 | | place the funds remitted under this Section
in a trust fund, | 9 | | that is hereby created in the State Treasury,
called the | 10 | | Energy Efficiency Trust Fund.
If an electric utility or | 11 | | alternative retail electric supplier does not remit
its
pro | 12 | | rata share to the Illinois Environmental Protection Agency | 13 | | Department of Revenue , the Illinois Environmental Protection | 14 | | Agency Department of Revenue
must inform the Illinois Commerce | 15 | | Commission of such failure. The Illinois
Commerce Commission | 16 | | may then revoke the certification of that electric
utility or | 17 | | alternative retail electric supplier. The Illinois Commerce
| 18 | | Commission may not renew the certification of any electric | 19 | | utility or
alternative retail electric supplier that is | 20 | | delinquent in paying its pro
rata
share. These changes made to | 21 | | this subsection (a) by this amendatory Act of the 103rd | 22 | | General Assembly apply beginning July 1, 2023.
| 23 | | (b) The Agency shall disburse the
moneys in the
Energy | 24 | | Efficiency Trust Fund to benefit residential electric | 25 | | customers
through projects which the Agency has
determined | 26 | | will
promote energy efficiency in the State of Illinois. The
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| 1 | | Department of Commerce and Economic Opportunity shall | 2 | | establish a list of
projects eligible for
grants from the | 3 | | Energy Efficiency Trust Fund including, but
not limited to, | 4 | | supporting energy efficiency efforts for low-income | 5 | | households,
replacing energy inefficient windows with
more | 6 | | efficient windows, replacing energy inefficient
appliances | 7 | | with more efficient appliances, replacing energy
inefficient | 8 | | lighting with more efficient lighting, insulating
dwellings | 9 | | and buildings, using market incentives to encourage energy
| 10 | | efficiency, and such other projects which will
increase energy | 11 | | efficiency in homes and rental properties.
| 12 | | (c) The Agency may, by administrative rule, establish
| 13 | | criteria and an
application process for this grant program.
| 14 | | (d) (Blank).
| 15 | | (e) (Blank).
| 16 | | (Source: P.A. 102-444, eff. 8-20-21.)
| 17 | | (20 ILCS 701/Act rep.) | 18 | | Section 27. The High Technology School-to-Work Act is | 19 | | repealed. | 20 | | (20 ILCS 1120/Act rep.) | 21 | | Section 30. The Energy Policy and Planning Act is | 22 | | repealed.
| 23 | | (20 ILCS 1510/65 rep.)
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| 1 | | Section 40. The Illinois Guaranteed Job Opportunity Act is | 2 | | amended by repealing Section 65. | 3 | | (20 ILCS 2310/2310-76 rep.) | 4 | | Section 45. The Department of Public Health Powers and | 5 | | Duties Law of the
Civil Administrative Code of Illinois is | 6 | | amended by repealing Section 2310-76. | 7 | | (20 ILCS 2335/Act rep.) | 8 | | Section 50. The Community Health Worker Advisory Board Act | 9 | | is repealed. | 10 | | (20 ILCS 3934/Act rep.) | 11 | | Section 55. The Electronic Health Records Taskforce Act is | 12 | | repealed. | 13 | | Section 60. The Green Governments Illinois Act is amended | 14 | | by changing Section 15 as follows: | 15 | | (20 ILCS 3954/15)
| 16 | | Sec. 15. Council membership and administrative support. | 17 | | Representatives from various State agencies and State | 18 | | universities with specific fiscal, procurement, educational, | 19 | | and environmental policy expertise shall comprise the Council. | 20 | | Until the effective date of this amendatory Act of the 97th | 21 | | General Assembly, the Lieutenant Governor is the chair of the |
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| 1 | | Council. On and after the effective date of this amendatory | 2 | | Act of the 97th General Assembly, the Governor is the chair of | 3 | | the Council, and the Lieutenant Governor, or his or her | 4 | | designee, shall be a member of the council. The director or | 5 | | President, respectively, of each of the following State | 6 | | agencies and State universities, or his or her designee, is a | 7 | | member of the Council: the Department of Commerce and Economic | 8 | | Opportunity, the Environmental Protection Agency, the | 9 | | University of Illinois, the Department of Natural Resources, | 10 | | the Department of Central Management Services, the Governor's | 11 | | Office of Management and Budget, the Department of | 12 | | Agriculture, the Department of Transportation, the Department | 13 | | of Corrections, the Department of Human Services, the | 14 | | Department of Public Health, the State Board of Education, the | 15 | | Board of Higher Education, and the Capital Development Board. | 16 | | The Office of the Governor shall provide administrative | 17 | | support to the Council. A minimum of one staff position in the | 18 | | Office of the Governor shall be dedicated to the Green | 19 | | Governments Illinois program.
| 20 | | (Source: P.A. 97-573, eff. 8-25-11; 98-346, eff. 8-14-13.) | 21 | | (30 ILCS 105/5.914 rep.) | 22 | | Section 63. The State Finance Act is amended by repealing | 23 | | Section 5.914. | 24 | | Section 65. The State Finance Act is amended by changing |
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| 1 | | Sections 5k and 6z-75 as follows: | 2 | | (30 ILCS 105/5k) | 3 | | Sec. 5k. Cash flow borrowing and general funds liquidity; | 4 | | FY15. | 5 | | (a) In order to meet cash flow deficits and to maintain | 6 | | liquidity in the General Revenue Fund and the Health Insurance | 7 | | Reserve Fund, on and after July 1, 2014 and through June 30, | 8 | | 2015, the State Treasurer and the State Comptroller shall make | 9 | | transfers to the General Revenue Fund and the Health Insurance | 10 | | Reserve Fund, as directed by the Governor, out of special | 11 | | funds of the State, to the extent allowed by federal law. No | 12 | | such transfer may reduce the cumulative balance of all of the | 13 | | special funds of the State to an amount less than the total | 14 | | debt service payable during the 12 months immediately | 15 | | following the date of the transfer on any bonded indebtedness | 16 | | of the State and any certificates issued under the Short Term | 17 | | Borrowing Act. At no time shall the outstanding total | 18 | | transfers made from the special funds of the State to the | 19 | | General Revenue Fund and the Health Insurance Reserve Fund | 20 | | under this Section exceed $650,000,000; once the amount of | 21 | | $650,000,000 has been transferred from the special funds of | 22 | | the State to the General Revenue Fund and the Health Insurance | 23 | | Reserve Fund, additional transfers may be made from the | 24 | | special funds of the State to the General Revenue Fund and the | 25 | | Health Insurance Reserve Fund under this Section only to the |
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| 1 | | extent that moneys have first been re-transferred from the | 2 | | General Revenue Fund and the Health Insurance Reserve Fund to | 3 | | those special funds of the State. Notwithstanding any other | 4 | | provision of this Section, no such transfer may be made from | 5 | | any special fund that is exclusively collected by or | 6 | | appropriated to any other constitutional officer without the | 7 | | written approval of that constitutional officer. | 8 | | (b) If moneys have been transferred to the General Revenue | 9 | | Fund and the Health Insurance Reserve Fund pursuant to | 10 | | subsection (a) of this Section, this amendatory Act of the | 11 | | 98th General Assembly shall constitute the continuing | 12 | | authority for and direction to the State Treasurer and State | 13 | | Comptroller to reimburse the funds of origin from the General | 14 | | Revenue Fund by transferring to the funds of origin, at such | 15 | | times and in such amounts as directed by the Governor when | 16 | | necessary to support appropriated expenditures from the funds, | 17 | | an amount equal to that transferred from them plus any | 18 | | interest that would have accrued thereon had the transfer not | 19 | | occurred. When any of the funds from which moneys have been | 20 | | transferred pursuant to subsection (a) have insufficient cash | 21 | | from which the State Comptroller may make expenditures | 22 | | properly supported by appropriations from the fund, then the | 23 | | State Treasurer and State Comptroller shall transfer from the | 24 | | General Revenue Fund to the fund only such amount as is | 25 | | immediately necessary to satisfy outstanding expenditure | 26 | | obligations on a timely basis. |
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| 1 | | (c) On the first day of each quarterly period in each | 2 | | fiscal year, until such time as a report indicates that all | 3 | | moneys borrowed and interest pursuant to this Section have | 4 | | been repaid, the Governor's Office of Management and Budget | 5 | | shall provide to the President and the Minority Leader of the | 6 | | Senate, the Speaker and the Minority Leader of the House of | 7 | | Representatives, and the Commission on Government Forecasting | 8 | | and Accountability a report on all transfers made pursuant to | 9 | | this Section in the prior fiscal year quarterly period . The | 10 | | report must be provided in electronic format. The report must | 11 | | include all of the following: | 12 | | (1) The date each transfer was made. | 13 | | (2) The amount of each transfer. | 14 | | (3) In the case of a transfer from the General Revenue | 15 | | Fund to a fund of origin pursuant to subsection (b) of this | 16 | | Section, the amount of interest being paid to the fund of | 17 | | origin. | 18 | | (4) The end of day balance of the fund of
origin, the | 19 | | General Revenue Fund and the Health Insurance Reserve Fund | 20 | | on the date the transfer was made.
| 21 | | (Source: P.A. 98-682, eff. 6-30-14; 99-523, eff. 6-30-16.) | 22 | | (30 ILCS 105/6z-75)
| 23 | | Sec. 6z-75. The Illinois Power Agency Trust Fund. | 24 | | (a) Creation. The Illinois Power Agency Trust Fund is | 25 | | created as a special fund in the State treasury. The State |
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| 1 | | Treasurer shall be the custodian of the Fund. Amounts in the | 2 | | Fund, both principal and interest not appropriated, shall be | 3 | | invested as provided by law. | 4 | | (b) Funding and investment. | 5 | | (1) The Illinois Power Agency Trust Fund may accept, | 6 | | receive, and administer any grants, loans, or other funds | 7 | | made available to it by any source. Any such funds | 8 | | received by the Fund shall not be considered income, but | 9 | | shall be added to the principal of the Fund. | 10 | | (2) The investments of the Fund shall be managed by | 11 | | the Illinois State Board of Investment, for the purpose of | 12 | | obtaining a total return on investments for the long term, | 13 | | as provided for under Article 22A of the Illinois Pension | 14 | | Code. | 15 | | (c) Investment proceeds. Subject to the provisions of | 16 | | subsection (d) of this Section, the General Assembly may | 17 | | annually appropriate from the Illinois Power Agency Trust Fund | 18 | | to the Illinois Power Agency Operations Fund an amount | 19 | | calculated not to exceed 90% of the prior fiscal year's annual | 20 | | investment income earned by the Illinois Power Agency Trust | 21 | | Fund to the Illinois Power Agency. Any investment income not | 22 | | appropriated by the General Assembly in a given fiscal year | 23 | | shall be added to the principal of the Fund, and thereafter | 24 | | considered a part thereof and not subject to appropriation as | 25 | | income earned by the Fund. | 26 | | (d) Expenditures. |
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| 1 | | (1) During Fiscal Year 2008 and Fiscal Year 2009, the | 2 | | General Assembly shall not appropriate any of the | 3 | | investment income earned by the Illinois Power Agency | 4 | | Trust Fund to the Illinois Power Agency. | 5 | | (2) During Fiscal Year 2010 and Fiscal Year 2011, the | 6 | | General Assembly shall appropriate a portion of the | 7 | | investment income earned by the Illinois Power Agency | 8 | | Trust Fund to repay to the General Revenue Fund of the | 9 | | State of Illinois those amounts, if any, appropriated from | 10 | | the General Revenue Fund for the operation of the Illinois | 11 | | Power Agency during Fiscal Year 2008 and Fiscal Year 2009, | 12 | | so that at the end of Fiscal Year 2011, the entire amount, | 13 | | if any, appropriated from the General Revenue Fund for the | 14 | | operation of the Illinois Power Agency during Fiscal Year | 15 | | 2008 and Fiscal Year 2009 will be repaid in full to the | 16 | | General Revenue Fund. | 17 | | (3) In Fiscal Year 2012 and thereafter, the General | 18 | | Assembly shall consider the need to balance its | 19 | | appropriations from the investment income earned by the | 20 | | Fund with the need to provide for the growth of the | 21 | | principal of the Illinois Power Agency Trust Fund in order | 22 | | to ensure that the Fund is able to produce sufficient | 23 | | investment income to fund the operations of the Illinois | 24 | | Power Agency in future years. | 25 | | (4) If the Illinois Power Agency shall cease | 26 | | operations, then, unless otherwise provided for by law or |
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| 1 | | appropriation, the principal and any investment income | 2 | | earned by the Fund shall be transferred into the | 3 | | Supplemental Low-Income Energy Assistance Fund. | 4 | | (e) Implementation. The provisions of this Section shall | 5 | | not be operative until the Illinois Power Agency Trust Fund | 6 | | has accumulated a principal balance of $25,000,000.
| 7 | | (Source: P.A. 102-1071, eff. 6-10-22.) | 8 | | Section 70. The Industrial Development Assistance Law is | 9 | | amended by changing Sections 4, 5, and 7 as follows:
| 10 | | (30 ILCS 720/4) (from Ch. 85, par. 894)
| 11 | | Sec. 4. Recognition of industrial development agencies. | 12 | | The Department, upon receipt of certified copies of such | 13 | | resolutions
as may be necessary to satisfy it that an | 14 | | industrial development agency has
been duly chosen to act | 15 | | within a particular county, may shall recognize such
| 16 | | industrial development agency as the sole such agency within | 17 | | such county
for the purposes of this Act.
| 18 | | (Source: P.A. 76-1961.)
| 19 | | (30 ILCS 720/5) (from Ch. 85, par. 895)
| 20 | | Sec. 5.
Applications
for and approval of grants to | 21 | | industrial development agencies. Subject to appropriation, the
| 22 | | The Department is authorized to make grants to recognized | 23 | | industrial
development agencies, to assist such agencies in |
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| 1 | | the financing of their
operational costs for the purposes of | 2 | | making studies, surveys and
investigations, the compilation of | 3 | | data and statistics and in the carrying
out of planning and | 4 | | promotional programs; but before any such grant may be
made,
| 5 | | (A) The industrial development agency shall have made | 6 | | application to the
Department for such grant, and shall have | 7 | | therein set forth the studies
proposed to be made, the | 8 | | statistics, data and surveys proposed to be
completed, and the | 9 | | program proposed to be undertaken for the purpose of
| 10 | | encouraging and stimulating industrial development in the | 11 | | county. The
application shall further state, under oath or | 12 | | affirmation, with evidence
thereof satisfactory to the | 13 | | department, the amount of funds held by or
committed or | 14 | | subscribed to the industrial development agency for
| 15 | | application to the purposes herein described and the amount of | 16 | | the grant
for which application is made; and
| 17 | | (B) The Department, after review of the application, if | 18 | | satisfied that
the program of the industrial development | 19 | | agency appears to be in accord
with the purposes of this Act, | 20 | | shall authorize the making of a matching
grant to such | 21 | | industrial development agency equal to funds of the agency
| 22 | | allocated by it to the program described in its application; | 23 | | but such State
grant shall not exceed an amount equal to | 24 | | one-twentieth of one dollar for
each inhabitant of the county | 25 | | or counties represented by such agency as
determined by the | 26 | | last preceding decennial United States Census.
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| 1 | | (Source: P.A. 76-1961.)
| 2 | | (30 ILCS 720/7) (from Ch. 85, par. 897)
| 3 | | Sec. 7. Rules and regulations of the department. In order | 4 | | to effectuate and enforce the provisions of this Act, the
| 5 | | Department may adopt is authorized to promulgate necessary | 6 | | rules and regulations and
prescribe procedures in order to | 7 | | assure compliance by industrial
development agencies in | 8 | | carrying out the purposes for which grants may be
made | 9 | | hereunder.
| 10 | | (Source: P.A. 76-1961.)
| 11 | | Section 75. The Build Illinois Act is amended by changing | 12 | | Section 9-4.2a as follows: | 13 | | (30 ILCS 750/9-4.2a) | 14 | | Sec. 9-4.2a. Rural micro-business loans.
| 15 | | (a) In order to increase the growth of small rural | 16 | | businesses, the rural micro-business loan program is created | 17 | | and shall be administered by the Department of Commerce and | 18 | | Economic Opportunity , subject to appropriation . This program | 19 | | shall help small businesses that lack sufficient collateral or | 20 | | equity access funds at competitive terms to help create or | 21 | | retain jobs, modernize equipment or facilities, and maintain | 22 | | their competitiveness. | 23 | | (b) In the making of loans for rural micro-businesses, as |
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| 1 | | defined below, the Department is authorized to employ | 2 | | different criteria in lieu of the general provisions of | 3 | | subsections (b), (d), (e), (f), (h), and (i) of Section 9-4. | 4 | | The Department shall adopt rules for the administration of | 5 | | this program. | 6 | | For purposes of this Section, "rural micro-business" means | 7 | | a business that: (i) employs 5 or fewer full-time employees, | 8 | | including the owner if the owner is an employee, and (ii) is | 9 | | based on the production, processing, or marketing of | 10 | | agricultural products, forest products, cottage and craft | 11 | | products, or tourism. | 12 | | (c) The Department may shall determine by rule the amount, | 13 | | term, interest rate, and allowable uses of loans awarded under | 14 | | this program, except that: | 15 | | (1) The loan shall not exceed $25,000 or 50% of the | 16 | | business
project costs, unless the Director of the | 17 | | Department determines that a waiver of these limits is | 18 | | required to meet the purposes of this Act. | 19 | | (2) The loan shall only be made if the Department | 20 | | determines that the number of jobs to be created or | 21 | | retained by the business is reasonable in relation to the | 22 | | loan funds requested. | 23 | | (3) The borrower shall provide a written statement of | 24 | | the funds required to establish or support the business | 25 | | and shall provide equity capital in an amount equal to 10% | 26 | | of the first $10,000 of the required funds and equity |
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| 1 | | capital, other loans, or leveraged capital, or any | 2 | | combination thereof, in an amount equal to 50% of any | 3 | | additional required funds. | 4 | | (4) The loan shall be in a principal amount and form | 5 | | and
contain terms and provisions with respect to security, | 6 | | insurance, reporting, delinquency charges, default | 7 | | remedies, and other matters that the Department determines | 8 | | are appropriate to protect the public interest and are | 9 | | consistent with the purposes of this Section. The terms | 10 | | and provisions may be less than required for similar loans | 11 | | not covered by this Section. | 12 | | (5) The Department shall award no less than 80% of the | 13 | | amount available for this program for loans to businesses | 14 | | that are located in counties with a population of 100,000 | 15 | | or less.
| 16 | | (Source: P.A. 94-392, eff. 8-1-05.) | 17 | | Section 80. The State Mandates Act is amended by changing | 18 | | Section 4 as follows: | 19 | | (30 ILCS 805/4) (from Ch. 85, par. 2204)
| 20 | | Sec. 4. Collection and maintenance of information | 21 | | concerning state
mandates.
| 22 | | (a) The Department of Commerce and Economic Opportunity, | 23 | | hereafter referred to
as the Department, shall , subject to | 24 | | appropriation, be responsible for:
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| 1 | | (1) Collecting and maintaining information on State | 2 | | mandates, including
information required for effective | 3 | | implementation of the provisions of this
Act.
| 4 | | (2) Reviewing local government applications for | 5 | | reimbursement submitted
under this Act in cases in which | 6 | | the General Assembly has appropriated funds
to reimburse | 7 | | local governments for costs associated with the | 8 | | implementation of
a State mandate. In cases in which there | 9 | | is no appropriation for
reimbursement, upon a request for | 10 | | determination of a mandate by a unit of local
government, | 11 | | or more than one unit of local government filing a single | 12 | | request,
other than a school district or a community | 13 | | college district, the Department
shall determine whether a | 14 | | Public Act constitutes a mandate and, if so, the
Statewide | 15 | | cost of implementation.
| 16 | | (3) Hearing complaints or suggestions from local | 17 | | governments and other
affected organizations as to | 18 | | existing or proposed State mandates.
| 19 | | (4) Reporting each year to the Governor and the | 20 | | General Assembly regarding
the administration of | 21 | | provisions of this Act and changes proposed to this
Act.
| 22 | | The Commission on Government Forecasting and | 23 | | Accountability shall conduct
public hearings as needed to | 24 | | review the
information collected and the
recommendations made | 25 | | by the Department under this subsection (a). The
Department | 26 | | shall cooperate fully with the Commission on Government |
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| 1 | | Forecasting and Accountability, providing any
information, | 2 | | supporting documentation and other assistance required by the | 3 | | Commission on Government Forecasting and Accountability
to | 4 | | facilitate the conduct of the
hearing.
| 5 | | (b) Within 2 years following the effective date of this | 6 | | Act,
the Department shall , subject to appropriation, collect | 7 | | and tabulate relevant information as to the
nature and scope | 8 | | of each existing State mandate, including but not
necessarily | 9 | | limited to (i) identity of type of local government and
local | 10 | | government agency or official to whom the mandate is directed;
| 11 | | (ii) whether or not an identifiable local direct cost is | 12 | | necessitated by
the mandate and the estimated annual amount; | 13 | | (iii) extent of State
financial participation, if any, in | 14 | | meeting identifiable costs;
(iv) State agency, if any, charged | 15 | | with supervising the implementation
of the mandate; and (v) a | 16 | | brief description of the mandate and a citation of
its origin | 17 | | in statute or regulation.
| 18 | | (c) The resulting information from subsection (b) shall
be | 19 | | published in a catalog
available to members of the General | 20 | | Assembly, State and local officials,
and interested citizens. | 21 | | As new mandates are enacted they shall be added
to the catalog, | 22 | | and each January 31 the Department shall , subject to | 23 | | appropriation, list each new
mandate enacted at the preceding | 24 | | session of the General Assembly, and
the estimated additional | 25 | | identifiable direct costs, if any imposed upon
local | 26 | | governments. A revised version of the catalog shall , subject |
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| 1 | | to appropriation, be published
every 2 years beginning with | 2 | | the publication date of the first catalog.
| 3 | | (d) Failure of the General Assembly to appropriate | 4 | | adequate
funds for reimbursement as required by this Act shall | 5 | | not relieve the
Department of Commerce and Economic | 6 | | Opportunity from
its obligations under this
Section.
| 7 | | (Source: P.A. 100-1148, eff. 12-10-18.)
| 8 | | (70 ILCS 210/22.1 rep.)
| 9 | | Section 85. The Metropolitan Pier and Exposition Authority | 10 | | Act is amended by repealing Section 22.1. | 11 | | Section 90. The Forensic Psychiatry Fellowship Training | 12 | | Act is amended by changing Section 5 as follows: | 13 | | (110 ILCS 46/5)
| 14 | | Sec. 5. Creation of program. The University of Illinois | 15 | | at Chicago and Southern Illinois University shall expand their | 16 | | focuses on enrolling, training, and graduating forensic mental | 17 | | health professionals by each creating , subject to | 18 | | appropriations, a forensic psychiatry fellowship training | 19 | | program at their Colleges of Medicine.
| 20 | | (Source: P.A. 95-22, eff. 8-3-07.) | 21 | | Section 95. The Liquor Control Act of 1934 is amended by | 22 | | changing Sections 6-5 and 9-12 as follows:
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| 1 | | (235 ILCS 5/6-5) (from Ch. 43, par. 122)
| 2 | | Sec. 6-5.
Except as otherwise provided in this Section, it | 3 | | is unlawful
for any person having a retailer's license or
any | 4 | | officer, associate, member, representative or agent of such | 5 | | licensee
to accept, receive or borrow money, or anything else | 6 | | of value, or accept
or receive credit (other than | 7 | | merchandising credit in the ordinary
course of business for a | 8 | | period not to exceed 30 days) directly or
indirectly from any | 9 | | manufacturer, importing distributor or distributor
of | 10 | | alcoholic liquor, or from any person connected with or in any | 11 | | way
representing, or from any member of the family of, such | 12 | | manufacturer,
importing distributor, distributor or | 13 | | wholesaler, or from any
stockholders in any corporation | 14 | | engaged in manufacturing, distributing
or wholesaling of such | 15 | | liquor, or from any officer, manager, agent or
representative | 16 | | of said manufacturer. Except as provided below, it is
unlawful | 17 | | for any manufacturer
or distributor or importing distributor | 18 | | to give or lend money or
anything of value, or otherwise loan | 19 | | or extend credit (except such
merchandising credit) directly | 20 | | or indirectly to any retail licensee or
to the manager, | 21 | | representative, agent, officer or director of such
licensee. A | 22 | | manufacturer, distributor or importing distributor may furnish
| 23 | | free advertising, posters,
signs, brochures, hand-outs, or | 24 | | other promotional devices or materials to
any unit of | 25 | | government owning or operating any auditorium, exhibition |
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| 1 | | hall,
recreation facility or other similar facility holding a | 2 | | retailer's license,
provided that the primary purpose of such | 3 | | promotional devices or materials
is to promote public events | 4 | | being held at such facility. A unit of government
owning or | 5 | | operating such a facility holding a retailer's license may | 6 | | accept
such promotional devices or materials designed | 7 | | primarily to promote public
events held at the facility. No | 8 | | retail licensee delinquent beyond the
30 day period specified | 9 | | in this Section shall
solicit, accept or receive credit, | 10 | | purchase or acquire alcoholic
liquors, directly or indirectly | 11 | | from any other licensee, and no
manufacturer, distributor or | 12 | | importing distributor shall knowingly grant
or extend credit, | 13 | | sell, furnish or supply alcoholic liquors to any such
| 14 | | delinquent retail licensee; provided that the purchase price | 15 | | of all beer
sold to a retail licensee shall be paid by the | 16 | | retail licensee in cash
on or before delivery of the beer, and | 17 | | unless the purchase price payable
by a retail licensee for | 18 | | beer sold to him in returnable bottles shall
expressly include | 19 | | a charge for the bottles and cases, the retail
licensee shall, | 20 | | on or before delivery of such beer, pay the seller in
cash a | 21 | | deposit in an amount not less than the deposit required to be
| 22 | | paid by the distributor to the brewer; but where the brewer | 23 | | sells direct
to the retailer, the deposit shall be an amount no | 24 | | less than that
required by the brewer from his own | 25 | | distributors; and provided further,
that in no instance shall | 26 | | this deposit be less than 50 cents for each
case of beer in |
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| 1 | | pint or smaller bottles and 60 cents for each case of
beer in | 2 | | quart or half-gallon bottles; and provided further, that the
| 3 | | purchase price of all beer sold to an importing distributor or
| 4 | | distributor shall be paid by such importing distributor or | 5 | | distributor
in cash on or before the 15th day (Sundays and | 6 | | holidays excepted) after
delivery of such beer to such | 7 | | purchaser; and unless the purchase price
payable by such | 8 | | importing distributor or distributor for beer sold in
| 9 | | returnable bottles and cases shall expressly include a charge | 10 | | for the
bottles and cases, such importing distributor or | 11 | | distributor shall, on
or before the 15th day (Sundays and | 12 | | holidays excepted) after delivery of
such beer to such | 13 | | purchaser, pay the seller in cash a required amount as
a | 14 | | deposit to assure the return of such bottles and cases. | 15 | | Nothing herein
contained shall prohibit any licensee from | 16 | | crediting or refunding to a
purchaser the actual amount of | 17 | | money paid for bottles, cases, kegs or
barrels returned by the | 18 | | purchaser to the seller or paid by the purchaser
as a deposit | 19 | | on bottles, cases, kegs or barrels, when such containers or
| 20 | | packages are returned to the seller. Nothing herein contained | 21 | | shall
prohibit any manufacturer, importing distributor or | 22 | | distributor from
extending usual and customary credit for | 23 | | alcoholic liquor sold to
customers or purchasers who live in | 24 | | or maintain places of business
outside of this State when such | 25 | | alcoholic liquor is actually transported
and delivered to such | 26 | | points outside of this State.
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| 1 | | A manufacturer, distributor, or importing distributor may | 2 | | furnish free social media advertising to a retail licensee if | 3 | | the social media advertisement does not contain the retail | 4 | | price of any alcoholic liquor and the social media | 5 | | advertisement complies with any applicable rules or | 6 | | regulations issued by the Alcohol and Tobacco Tax and Trade | 7 | | Bureau of the United States Department of the Treasury. A | 8 | | manufacturer, distributor, or importing distributor may list | 9 | | the names of one or more unaffiliated retailers in the | 10 | | advertisement of alcoholic liquor through social media. | 11 | | Nothing in this Section shall prohibit a retailer from | 12 | | communicating with a manufacturer, distributor, or importing | 13 | | distributor on social media or sharing media on the social | 14 | | media of a manufacturer, distributor, or importing | 15 | | distributor. A retailer may request free social media | 16 | | advertising from a manufacturer, distributor, or importing | 17 | | distributor. Nothing in this Section shall prohibit a | 18 | | manufacturer, distributor, or importing distributor from | 19 | | sharing, reposting, or otherwise forwarding a social media | 20 | | post by a retail licensee, so long as the sharing, reposting, | 21 | | or forwarding of the social media post does not contain the | 22 | | retail price of any alcoholic liquor. No manufacturer, | 23 | | distributor, or importing distributor shall pay or reimburse a | 24 | | retailer, directly or indirectly, for any social media | 25 | | advertising services, except as specifically permitted in this | 26 | | Act. No retailer shall accept any payment or reimbursement, |
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| 1 | | directly or indirectly, for any social media advertising | 2 | | services offered by a manufacturer, distributor, or importing | 3 | | distributor, except as specifically permitted in this Act. For | 4 | | the purposes of this Section, "social media" means a service, | 5 | | platform, or site where users communicate with one another and | 6 | | share media, such as pictures, videos, music, and blogs, with | 7 | | other users free of charge. | 8 | | No right of action shall exist for the collection of any | 9 | | claim based
upon credit extended to a distributor, importing | 10 | | distributor or retail
licensee contrary to the provisions of | 11 | | this Section.
| 12 | | Every manufacturer, importing distributor and distributor | 13 | | shall
submit or cause to be submitted, to the State | 14 | | Commission, in triplicate,
not later than Thursday of each | 15 | | calendar week, a verified written list
of the names and | 16 | | respective addresses of each retail licensee purchasing
| 17 | | spirits or wine from such manufacturer, importing distributor | 18 | | or
distributor who, on the first business day of that calendar | 19 | | week, was
delinquent beyond the above mentioned permissible | 20 | | merchandising credit
period of 30 days; or, if such is the | 21 | | fact, a verified written statement
that no retail licensee | 22 | | purchasing spirits or wine was then delinquent
beyond such | 23 | | permissible merchandising credit period of 30 days.
| 24 | | Every manufacturer, importing distributor and distributor | 25 | | shall
submit or cause to be submitted, to the State | 26 | | Commission, in triplicate,
a verified written list of the |
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| 1 | | names and respective addresses of each
previously reported | 2 | | delinquent retail licensee who has cured such
delinquency by | 3 | | payment, which list shall be submitted not later than the
| 4 | | close of the second full business day following the day such | 5 | | delinquency
was so cured.
| 6 | | The written list of delinquent retail licensees shall be | 7 | | developed, administered, and maintained only by the State | 8 | | Commission. The State Commission shall notify each retail | 9 | | licensee that it has been placed on the delinquency list. | 10 | | Determinations of delinquency or nondelinquency shall be made | 11 | | only by the State Commission. | 12 | | Such written verified reports required to be submitted by | 13 | | this
Section shall be posted by the State Commission in each of | 14 | | its offices
in places available for public inspection not | 15 | | later than the day
following receipt thereof by the State | 16 | | Commission. The reports so posted shall
constitute notice to | 17 | | every manufacturer, importing distributor and
distributor of | 18 | | the information contained therein. Actual notice to
| 19 | | manufacturers, importing distributors and distributors of the
| 20 | | information contained in any such posted reports, however | 21 | | received,
shall also constitute notice of such information.
| 22 | | The 30-day merchandising credit period allowed by this | 23 | | Section shall
commence with the day immediately following the | 24 | | date of invoice and
shall include all successive days | 25 | | including Sundays and holidays to and
including the 30th | 26 | | successive day.
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| 1 | | In addition to other methods allowed by law, payment by | 2 | | check or credit card during
the period for which merchandising | 3 | | credit may be extended under the
provisions of this Section | 4 | | shall be considered payment. All checks
received in payment | 5 | | for alcoholic liquor shall be promptly deposited for
| 6 | | collection. A post dated check or a check dishonored on | 7 | | presentation for
payment shall not be deemed payment.
| 8 | | A credit card payment in dispute by a retailer shall not be | 9 | | deemed payment, and the debt uncured for merchandising credit | 10 | | shall be reported as delinquent. Nothing in this Section shall | 11 | | prevent a distributor, self-distributing manufacturer, or | 12 | | importing distributor from assessing a usual and customary | 13 | | transaction fee representative of the actual finance charges | 14 | | incurred for processing a credit card payment. This | 15 | | transaction fee shall be disclosed on the invoice. It shall be | 16 | | considered unlawful for a distributor, importing distributor, | 17 | | or self-distributing manufacturer to waive finance charges for | 18 | | retailers. | 19 | | A retail licensee shall not be deemed to be delinquent in | 20 | | payment for
any alleged sale to him of alcoholic liquor when | 21 | | there exists a bona fide
dispute between such retailer and a | 22 | | manufacturer, importing distributor
or distributor with | 23 | | respect to the amount of indebtedness existing
because of such | 24 | | alleged sale. A retail licensee shall not be deemed to be | 25 | | delinquent under this provision and 11 Ill. Adm. Code 100.90 | 26 | | until 30 days after the date on which the region in which the |
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| 1 | | retail licensee is located enters Phase 4 of the Governor's | 2 | | Restore Illinois Plan as issued on May 5, 2020. | 3 | | A delinquent retail licensee who engages in the retail | 4 | | liquor
business at 2 or more locations shall be deemed to be | 5 | | delinquent with
respect to each such location.
| 6 | | The license of any person who violates any provision of | 7 | | this Section
shall be subject to suspension or revocation in | 8 | | the manner provided by
this Act.
| 9 | | If any part or provision of this Article or the | 10 | | application thereof
to any person or circumstances shall be | 11 | | adjudged invalid by a court of
competent jurisdiction, such | 12 | | judgment shall be confined by its operation
to the controversy | 13 | | in which it was mentioned and shall not affect or
invalidate | 14 | | the remainder of this Article or the application thereof to
| 15 | | any other person or circumstance and to this and the | 16 | | provisions of this
Article are declared severable.
| 17 | | (Source: P.A. 101-631, eff. 6-2-20; 102-8, eff. 6-2-21; | 18 | | 102-442, eff. 1-1-22; 102-813, eff. 5-13-22.)
| 19 | | (235 ILCS 5/9-12) (from Ch. 43, par. 175.1)
| 20 | | Sec. 9-12.
Within 10 days after the filing of any petition | 21 | | under this
Article, the official with whom the petition is | 22 | | filed shall prepare , in
quintuplicate, the report hereinafter | 23 | | prescribed. One copy shall be kept
on file in the official's | 24 | | office, and he shall, by registered mail, send
two copies to | 25 | | the Secretary of State, one copy to the county clerk and
one |
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| 1 | | copy to the person who filed the petition.
| 2 | | The official shall make such report substantially in the | 3 | | following form:
| 4 | | Report of filing of petition for local option election to | 5 | | be held on
.... in .... (name of precinct, etc.).
| 6 | | Date of filing ....
| 7 | | By whom filed ....
| 8 | | Number of signers ....
| 9 | | Proposal(s) to be voted upon ....
| 10 | | .... (Official)
| 11 | | Immediately upon completion of the canvass of any local | 12 | | option
election, the official shall prepare , in quadruplicate, | 13 | | a report of the
election result as hereinafter prescribed , and | 14 | | shall keep one copy on
file in his office , and, within 10 days | 15 | | after the canvass, shall, by
registered mail, send two copies | 16 | | to the Secretary of State and one copy
to the county clerk. The | 17 | | report shall be substantially as follows:
| 18 | | Report of local option election held on .... in .... (name | 19 | | of
precinct, etc.) upon the following proposal(s) ....
| 20 | | Number voting "YES" ....
| 21 | | Number voting "NO" ....
| 22 | | .... (Official)
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| 1 | | The official shall sign each copy of every report required | 2 | | by this
Section.
| 3 | | The Secretary of State and the county clerk shall keep on | 4 | | file in
their offices, available for inspection, any report | 5 | | received by him
pursuant to this Section.
| 6 | | (Source: P.A. 91-357, eff. 7-29-99.)
| 7 | | Section 100. The Atherosclerosis Prevention Act is amended | 8 | | by changing Section 15 as follows:
| 9 | | (410 ILCS 3/15)
| 10 | | Sec. 15. Duties. The Department of Public Health , with the | 11 | | advice of the
Atherosclerosis Advisory Committee, shall do all | 12 | | of the following:
| 13 | | (1) Develop standards for determining eligibility for | 14 | | support of research,
education, and prevention activities.
| 15 | | (2) Assist in the development and expansion of | 16 | | programs for research in
the causes and cures of | 17 | | atherosclerosis, including medical procedures and
| 18 | | techniques that have a lifesaving effect in the care and | 19 | | treatment of persons
suffering from the disease.
| 20 | | (3) Assist in expanding resources for research and | 21 | | medical care in the
cardiovascular disease field.
| 22 | | (4) Establish or cause to be established, through its | 23 | | own resources or by
contract or otherwise, with other | 24 | | agencies or institutions, facilities and
systems for early |
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| 1 | | detection of persons with heart disease or conditions that
| 2 | | might lead to heart disease and for referral to those | 3 | | persons' physicians or
other appropriate resources for | 4 | | care.
| 5 | | (5) Institute and carry on educational programs among | 6 | | physicians,
hospitals,
public health departments, and the | 7 | | public concerning atherosclerosis, including
the | 8 | | dissemination of information and the conducting of | 9 | | educational programs
concerning the prevention of | 10 | | atherosclerosis and the methods for the care and
treatment | 11 | | of persons suffering from the disease.
| 12 | | (Source: P.A. 91-343, eff. 1-1-00.)
| 13 | | Section 105. The Environmental Protection Act is amended | 14 | | by changing Section 55.6 as follows:
| 15 | | (415 ILCS 5/55.6) (from Ch. 111 1/2, par. 1055.6)
| 16 | | Sec. 55.6. Used Tire Management Fund.
| 17 | | (a) There is hereby created in the State Treasury a | 18 | | special
fund to be known as the Used Tire Management Fund. | 19 | | There shall be
deposited into the Fund all monies received as | 20 | | (1) recovered costs or
proceeds from the sale of used tires | 21 | | under Section 55.3 of this Act, (2)
repayment of loans from the | 22 | | Used Tire Management Fund, or (3) penalties or
punitive | 23 | | damages for violations of this Title, except as provided by
| 24 | | subdivision (b)(4) or (b)(4-5) of Section 42.
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| 1 | | (b) Beginning January 1, 1992, in addition to any other | 2 | | fees required by
law, the owner or operator of each site | 3 | | required to be registered or permitted under
subsection (d) or | 4 | | (d-5) of Section 55 shall pay to the Agency an annual fee of | 5 | | $100.
Fees collected under this subsection shall be deposited | 6 | | into the Environmental
Protection Permit and Inspection Fund.
| 7 | | (c) Pursuant to appropriation, moneys up to an amount of | 8 | | $4 million per
fiscal year from the Used Tire Management Fund | 9 | | shall be allocated as follows:
| 10 | | (1) 38% shall be available to the Agency for the | 11 | | following
purposes, provided that priority shall be given | 12 | | to item (i):
| 13 | | (i) To undertake preventive, corrective or removal | 14 | | action as
authorized by and in accordance with Section | 15 | | 55.3, and
to recover costs in accordance with Section | 16 | | 55.3.
| 17 | | (ii) For the performance of inspection and | 18 | | enforcement activities for
used and waste tire sites.
| 19 | | (iii) (Blank).
| 20 | | (iv) To provide financial assistance to units of | 21 | | local government
for the performance of inspecting, | 22 | | investigating and enforcement activities
pursuant to | 23 | | subsection (r) of Section 4 at used and waste tire | 24 | | sites.
| 25 | | (v) To provide financial assistance for used and | 26 | | waste tire collection
projects sponsored by local |
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| 1 | | government or not-for-profit corporations.
| 2 | | (vi) For the costs of fee collection and | 3 | | administration relating to
used and waste tires, and | 4 | | to accomplish such other purposes as are
authorized by | 5 | | this Act and regulations thereunder.
| 6 | | (vii) To provide financial assistance to units of | 7 | | local government and private industry for the purposes | 8 | | of: | 9 | | (A) assisting in the establishment of | 10 | | facilities and programs to collect, process, and | 11 | | utilize used and waste tires and tire-derived | 12 | | materials; | 13 | | (B) demonstrating the feasibility of | 14 | | innovative technologies as a means of collecting, | 15 | | storing, processing, and utilizing used and waste | 16 | | tires and tire-derived materials; and | 17 | | (C) applying demonstrated technologies as a | 18 | | means of collecting, storing, processing, and | 19 | | utilizing used and waste tires and tire-derived | 20 | | materials. | 21 | | (2) (Blank).
| 22 | | (2.1) For the fiscal year beginning July 1, 2004 and | 23 | | for all fiscal years thereafter, 23% shall be deposited | 24 | | into the General Revenue Fund. Prior to the fiscal year | 25 | | beginning July 1, 2023, such Such transfers are at the | 26 | | direction of the Department of Revenue, and shall be made |
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| 1 | | within 30 days after the end of each quarter. Beginning | 2 | | with the fiscal year beginning July 1, 2023, such | 3 | | transfers are at the direction of the Agency and shall be | 4 | | made within 30 days after the end of each quarter.
| 5 | | (3) 25% shall be available to the Illinois Department | 6 | | of
Public Health for the following purposes:
| 7 | | (A) To investigate threats or potential threats to | 8 | | the public health
related to mosquitoes and other | 9 | | vectors of disease associated with the
improper | 10 | | storage, handling and disposal of tires, improper | 11 | | waste disposal,
or natural conditions.
| 12 | | (B) To conduct surveillance and monitoring | 13 | | activities for
mosquitoes and other arthropod vectors | 14 | | of disease, and surveillance of
animals which provide | 15 | | a reservoir for disease-producing organisms.
| 16 | | (C) To conduct training activities to promote | 17 | | vector control programs
and integrated pest management | 18 | | as defined in the Vector Control Act.
| 19 | | (D) To respond to inquiries, investigate | 20 | | complaints, conduct evaluations
and provide technical | 21 | | consultation to help reduce or eliminate public
health | 22 | | hazards and nuisance conditions associated with | 23 | | mosquitoes and other
vectors.
| 24 | | (E) To provide financial assistance to units of | 25 | | local government for
training, investigation and | 26 | | response to public nuisances associated with
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| 1 | | mosquitoes and other vectors of disease.
| 2 | | (4) 2% shall be available to the Department of | 3 | | Agriculture for its
activities under the Illinois | 4 | | Pesticide Act relating to used and waste tires.
| 5 | | (5) 2% shall be available to the Pollution Control | 6 | | Board for
administration of its activities relating to | 7 | | used and waste tires.
| 8 | | (6) 10% shall be available to the University of | 9 | | Illinois for
the Prairie Research Institute to perform | 10 | | research to study the biology,
distribution, population | 11 | | ecology, and biosystematics of tire-breeding
arthropods, | 12 | | especially mosquitoes, and the diseases they spread.
| 13 | | (d) By January 1, 1998, and biennially thereafter, each | 14 | | State
agency receiving an appropriation from the Used Tire | 15 | | Management Fund shall
report to the Governor and the General | 16 | | Assembly on its activities relating to
the Fund.
| 17 | | (e) Any monies appropriated from the Used Tire Management | 18 | | Fund, but not
obligated, shall revert to the Fund.
| 19 | | (f) In administering the provisions of subdivisions (1), | 20 | | (2) and (3) of
subsection (c) of this Section, the Agency, the | 21 | | Department of Commerce and
Economic Opportunity, and the | 22 | | Illinois
Department of Public Health shall ensure that | 23 | | appropriate funding
assistance is provided to any municipality | 24 | | with a population over 1,000,000
or to any sanitary district | 25 | | which serves a population over 1,000,000.
| 26 | | (g) Pursuant to appropriation, monies in excess of $4 |
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| 1 | | million per fiscal
year from the Used Tire Management Fund | 2 | | shall be used as follows:
| 3 | | (1) 55% shall be available to the Agency for the | 4 | | following purposes, provided that priority shall be given | 5 | | to subparagraph (A): | 6 | | (A) To undertake preventive,
corrective or renewed | 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 | | (B) To provide financial assistance to units of | 11 | | local government and private industry for the purposes | 12 | | of: | 13 | | (i) assisting in the establishment of | 14 | | facilities and programs to collect, process, and | 15 | | utilize used and waste tires and tire-derived | 16 | | materials; | 17 | | (ii) demonstrating the feasibility of | 18 | | innovative technologies as a means of collecting, | 19 | | storing, processing, and utilizing used and waste | 20 | | tires and tire-derived materials; and | 21 | | (iii) applying demonstrated technologies as a | 22 | | means of collecting, storing, processing, and | 23 | | utilizing used and waste tires and tire-derived | 24 | | materials. | 25 | | (C) To provide grants to public universities for | 26 | | vector-related research, disease-related research, and |
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| 1 | | for related laboratory-based equipment and field-based | 2 | | equipment. | 3 | | (2) (Blank).
| 4 | | (3) For the fiscal year beginning July 1, 2004 and for | 5 | | all fiscal years thereafter, 45% shall be deposited into | 6 | | the General Revenue Fund. Prior to the fiscal year | 7 | | beginning July 1, 2023, such Such transfers are at the | 8 | | direction of the Department of Revenue, and shall be made | 9 | | within 30 days after the end of each quarter. Beginning | 10 | | with the fiscal year beginning July 1, 2023, such | 11 | | transfers are at the direction of the Agency and shall be | 12 | | made within 30 days after the end of each quarter.
| 13 | | (Source: P.A. 100-103, eff. 8-11-17; 100-327, eff. 8-24-17; | 14 | | 100-587, eff. 6-4-18; 100-621, eff. 7-20-18; 100-863, eff. | 15 | | 8-14-18; 101-10, eff. 6-5-19; 101-636, eff. 6-10-20.)
| 16 | | (615 ILCS 60/Act rep.) | 17 | | Section 110. The Des Plaines and Illinois Rivers Act is | 18 | | repealed. | 19 | | Section 115. The Minimum Wage Law is amended by changing | 20 | | Section 10 as follows:
| 21 | | (820 ILCS 105/10) (from Ch. 48, par. 1010)
| 22 | | Sec. 10.
(a) The Director shall make and revise | 23 | | administrative regulations,
including definitions of terms, as |
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| 1 | | he deems appropriate to carry out the
purposes of this Act, to | 2 | | prevent the circumvention or evasion thereof, and
to safeguard | 3 | | the minimum wage established by the Act. Regulations governing
| 4 | | employment of learners may be issued only after notice and | 5 | | opportunity for
public hearing, as provided in subsection (c) | 6 | | of this Section.
| 7 | | (b) In order to prevent curtailment of opportunities for | 8 | | employment,
avoid undue hardship, and safeguard the minimum | 9 | | wage rate under this Act,
the Director may also issue | 10 | | regulations providing for the employment of
workers with | 11 | | disabilities at wages lower than the wage rate applicable | 12 | | under this
Act, under permits and for such periods of time as | 13 | | specified therein; and
providing for the employment of | 14 | | learners at wages lower than the wage rate
applicable under | 15 | | this Act. However, such regulation shall not permit lower
| 16 | | wages for persons with disabilities on any basis that is | 17 | | unrelated to such person's
ability resulting from his | 18 | | disability, and such regulation may be issued only
after | 19 | | notice and opportunity for public hearing as provided in | 20 | | subsection
(c) of this Section.
| 21 | | (c) Prior to the adoption, amendment or repeal of any rule | 22 | | or regulation
by the Director under this Act, except | 23 | | regulations which concern only the
internal management of the | 24 | | Department of Labor and do not affect any public
right | 25 | | provided by this Act, the Director shall give proper notice to
| 26 | | persons in any industry or occupation that may be affected by |
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| 1 | | the proposed
rule or regulation, and hold a public hearing on | 2 | | his proposed action at
which any such affected person, or his | 3 | | duly authorized representative, may
attend and testify or | 4 | | present other evidence for or against such proposed
rule or | 5 | | regulation. Rules and regulations adopted under this Section | 6 | | shall
be filed with the Secretary of State in compliance with | 7 | | "An Act concerning
administrative rules", as now or hereafter | 8 | | amended. Such adopted and filed
rules and regulations shall | 9 | | become effective 10 days after copies thereof
have been mailed | 10 | | by the Department to persons in industries affected
thereby at | 11 | | their last known address.
| 12 | | (d) The commencement of proceedings by any person | 13 | | aggrieved by an
administrative regulation issued under this | 14 | | Act does not, unless
specifically ordered by the Court, | 15 | | operate as a stay of that administrative
regulation against | 16 | | other persons. The Court shall not grant any stay of an
| 17 | | administrative regulation unless the person complaining of | 18 | | such regulation
files in the Court an undertaking with a | 19 | | surety or sureties satisfactory to
the Court for the payment | 20 | | to the employees affected by the regulation, in
the event such | 21 | | regulation is affirmed, of the amount by which the
| 22 | | compensation such employees are entitled to receive under the | 23 | | regulation
exceeds the compensation they actually receive | 24 | | while such stay is in
effect. | 25 | | (e) The Department may adopt emergency rules in
accordance | 26 | | with Section 5-45 of the Illinois Administrative
Procedure Act |
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| 1 | | to implement the changes made by this amendatory Act of the | 2 | | 101st General Assembly.
| 3 | | (Source: P.A. 101-1, eff. 2-19-19.)
| 4 | | Section 999. Effective date. This Act takes effect upon | 5 | | becoming law.".
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