Full Text of SB3095 103rd General Assembly
SB3095sam001 103RD GENERAL ASSEMBLY | Sen. Neil Anderson Filed: 3/7/2024 | | 10300SB3095sam001 | | LRB103 38310 BDA 70680 a |
|
| 1 | | AMENDMENT TO SENATE BILL 3095
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3095 by replacing | 3 | | everything after the enacting clause with the following: | 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Weather Modification Act. | 6 | | Section 5. Definitions. In this Act: | 7 | | "Weather modification" means any activity intended to | 8 | | produce artificial changes in the composition, motions, and | 9 | | resulting behavior of the atmosphere. | 10 | | "Seeding" means a type of weather modification that aims | 11 | | to change the amount or type of precipitation that falls from | 12 | | clouds. | 13 | | Section 10. Prohibition on weather modification. For the | 14 | | health, public safety, and welfare of the State, all forms of | 15 | | weather modification are prohibited in this State, including |
| | | 10300SB3095sam001 | - 2 - | LRB103 38310 BDA 70680 a |
|
| 1 | | the seeding of clouds by plane or ground, or any other form of | 2 | | weather modification. | 3 | | Section 15. Enforcement; penalties. | 4 | | (a) Whenever a violation of Section 10 occurs or is likely | 5 | | to occur, the presumption is created that immediate and | 6 | | irreparable injury, loss, or damage will result from the | 7 | | violation. If a violation of Section 10 occurs or is likely to | 8 | | occur, a State's Attorney or the Attorney General shall seek | 9 | | an injunction in a court of competent jurisdiction to prevent | 10 | | injury, loss, and damage. | 11 | | (b) Any person who knowingly engages in weather | 12 | | modification is guilty of a Class 4 felony. | 13 | | Section 900. The Property Tax Code is amended by changing | 14 | | Sections 27-5, 27-30, and 27-60 as follows: | 15 | | (35 ILCS 200/27-5) | 16 | | Sec. 27-5. Short title; definitions. This Article may be | 17 | | cited as the Special Service Area Tax Law. | 18 | | When used in this Article: | 19 | | "Services contract" means an agreement between a service | 20 | | provider agency and a municipality or county for the purpose | 21 | | of providing special services in and for a special service | 22 | | area. | 23 | | "Service provider agency" means an entity that enters into |
| | | 10300SB3095sam001 | - 3 - | LRB103 38310 BDA 70680 a |
|
| 1 | | a services contract with a municipality or county for the | 2 | | purpose of providing special services in and for a special | 3 | | service area. | 4 | | "Special Service Area" means a contiguous area within a | 5 | | municipality or county in which special governmental services | 6 | | are provided in addition to those services provided generally | 7 | | throughout the municipality or county, the cost of the special | 8 | | services to be paid from revenues collected from taxes levied | 9 | | or imposed upon property within that area. Territory shall be | 10 | | considered contiguous for purposes of this Article even though | 11 | | certain completely surrounded portions of the territory are | 12 | | excluded from the special service area. A county may create a | 13 | | special service area within a municipality or municipalities | 14 | | when the municipality or municipalities consent to the | 15 | | creation of the special service area. A municipality may | 16 | | create a special service area within a municipality and the | 17 | | unincorporated area of a county or within another municipality | 18 | | when the county or other municipality consents to the creation | 19 | | of the special service area. | 20 | | "Special service area commission" means a local board | 21 | | established by the corporate authorities of a municipality or | 22 | | county for the purpose of managing a particular special | 23 | | service area. | 24 | | "Special Services" means all forms of services pertaining | 25 | | to the government and affairs of the municipality or county, | 26 | | including but not limited to weather modification and |
| | | 10300SB3095sam001 | - 4 - | LRB103 38310 BDA 70680 a |
|
| 1 | | improvements permissible under Article 9 of the Illinois | 2 | | Municipal Code, and contracts for the supply of water as | 3 | | described in Section 11-124-1 of the Illinois Municipal Code | 4 | | which may be entered into by the municipality or by the county | 5 | | on behalf of a county service area. | 6 | | (Source: P.A. 99-930, eff. 1-20-17.) | 7 | | (35 ILCS 200/27-30) | 8 | | Sec. 27-30. Manner of notice. Prior to or within 60 days | 9 | | after the adoption of the ordinance proposing the | 10 | | establishment of a special service area the municipality or | 11 | | county shall fix a time and a place for a public hearing. The | 12 | | public hearing shall be held not less than 60 days after the | 13 | | adoption of the ordinance proposing the establishment of a | 14 | | special service area. Notice of the hearing shall be given by | 15 | | publication and mailing , except that notice of a public | 16 | | hearing to propose the establishment of a special service area | 17 | | for weather modification purposes may be given by publication | 18 | | only . Notice by publication shall be given by publication at | 19 | | least once not less than 15 days prior to the hearing in a | 20 | | newspaper of general circulation within the municipality or | 21 | | county. Notice by mailing shall be given by depositing the | 22 | | notice in the United States mails addressed to the person or | 23 | | persons in whose name the general taxes for the last preceding | 24 | | year were paid on each property lying within the special | 25 | | service area. A notice shall be mailed not less than 10 days |
| | | 10300SB3095sam001 | - 5 - | LRB103 38310 BDA 70680 a |
|
| 1 | | prior to the time set for the public hearing. In the event | 2 | | taxes for the last preceding year were not paid, the notice | 3 | | shall be sent to the person last listed on the tax rolls prior | 4 | | to that year as the owner of the property. | 5 | | (Source: P.A. 97-1053, eff. 1-1-13.) | 6 | | (35 ILCS 200/27-60) | 7 | | Sec. 27-60. Petition for disconnection from special | 8 | | service area. | 9 | | (a) Any territory located within the boundaries of any | 10 | | special service area organized under this Article , other than | 11 | | a special service area for weather modification, may become | 12 | | disconnected from the area in the manner provided in this | 13 | | Section. | 14 | | (b) A majority of the resident electors and a majority of | 15 | | the record owners of land in the territory sought to be | 16 | | disconnected from the area may sign a petition. The petition | 17 | | shall be addressed to the circuit court and shall contain a | 18 | | definite description of the boundaries of the territory and | 19 | | recite as a fact, that as of the date the petition is filed, | 20 | | the territory was not, is not, and is not intended by the | 21 | | corporate authority which created the special service area to | 22 | | be, either benefited or served by any work or services either | 23 | | then existing or then authorized by the special service area, | 24 | | and that the territory constitutes less than 1 1/2% of the | 25 | | special service area's total equalized assessed valuation. |
| | | 10300SB3095sam001 | - 6 - | LRB103 38310 BDA 70680 a |
|
| 1 | | (c) In addition, the corporate authorities of a | 2 | | municipality in which a special service area , other than a | 3 | | special service area for weather modification, is located may | 4 | | file a petition with the circuit court to disconnect territory | 5 | | from the special service area. The petition shall contain a | 6 | | definite description of the boundaries of the territory to be | 7 | | disconnected and recite as a fact that, as of the date the | 8 | | petition is filed, the territory was not, is not, and is not | 9 | | intended by the corporate authority that created the special | 10 | | service area to be either benefited or served by any work or | 11 | | services either then existing or then authorized by the | 12 | | special service area. | 13 | | (Source: P.A. 96-1031, eff. 7-14-10.) | 14 | | (35 ILCS 200/27-80 rep.) | 15 | | (35 ILCS 200/27-85 rep.) | 16 | | Section 905. The Property Tax Code is amended by repealing | 17 | | Sections 27-80 and 27-85. | 18 | | (55 ILCS 5/5-1100 rep.) | 19 | | Section 910. The Counties Code is amended by repealing | 20 | | Section 5-1100. | 21 | | Section 915. The University of Illinois Scientific Surveys | 22 | | Act is amended by changing Section 20 as follows: |
| | | 10300SB3095sam001 | - 7 - | LRB103 38310 BDA 70680 a |
|
| 1 | | (110 ILCS 425/20) | 2 | | Sec. 20. General powers and duties. In addition to its | 3 | | other powers and duties, the Board of Trustees shall have the | 4 | | power to provide for the management and operation of the | 5 | | Prairie Research Institute including, but not limited to, the | 6 | | following powers and duties which shall be performed by the | 7 | | Scientific Surveys: | 8 | | (1) To investigate and study the natural and cultural | 9 | | resources of the State and to prepare reports and furnish | 10 | | information fundamental to the conservation and | 11 | | development of natural and cultural resources, and, for | 12 | | that purpose, the officers and employees thereof shall | 13 | | have the authority to enter and cross all lands in this | 14 | | State, doing no damage to private property. | 15 | | (2) To collaborate with and advise departments having | 16 | | administrative powers and duties relating to the natural | 17 | | resources of the State, and to collaborate with similar | 18 | | departments in other states and with the United States | 19 | | Government. | 20 | | (3) To conduct a natural history survey of the State, | 21 | | giving preference to subjects of educational and | 22 | | economical importance. The Illinois State Biologist shall | 23 | | be an employee of the Illinois Natural History Survey. | 24 | | (4) To investigate the entomology of the State. The | 25 | | Illinois State Entomologist shall be an employee of the | 26 | | Illinois Natural History Survey. |
| | | 10300SB3095sam001 | - 8 - | LRB103 38310 BDA 70680 a |
|
| 1 | | (5) To investigate all insects dangerous or injurious | 2 | | to agricultural or horticultural plants and crops, to | 3 | | livestock, to nursery trees and plants, to the products of | 4 | | the truck farm and vegetable garden, to shade trees and | 5 | | other ornamental vegetation of cities and villages, and to | 6 | | the products of the mills and the contents of warehouses, | 7 | | and all insects injurious or dangerous to the public | 8 | | health. | 9 | | (6) To study the geological formation of the State | 10 | | with reference to its resources of coal, ores, clays, | 11 | | building stones, cement, materials suitable for use in the | 12 | | construction of the roads, gas, oil, mineral and artesian | 13 | | water, aquifers and aquitards, and other resources and | 14 | | products. The Illinois State Geologist shall be an | 15 | | employee of the Illinois State Geological Survey. | 16 | | (7) To cooperate with United States federal agencies | 17 | | in the preparation of geological and land surface maps and | 18 | | the collection, recording, and printing of water and | 19 | | atmospheric resource data, including stream flow | 20 | | measurements; to collect facts and data concerning the | 21 | | volumes and flow of underground, surface, and atmospheric | 22 | | waters of the State; and to determine the mineral and | 23 | | chemical qualities of water from different geological | 24 | | formations and surface and atmospheric waters for the | 25 | | various sections of the State. | 26 | | (8) To act as the central data repository and research |
| | | 10300SB3095sam001 | - 9 - | LRB103 38310 BDA 70680 a |
|
| 1 | | coordinator for the State in matters related to water and | 2 | | atmospheric resources. The Illinois State Water Survey of | 3 | | the University of Illinois may monitor and evaluate all | 4 | | weather modification operations in Illinois. The Illinois | 5 | | State Climatologist and the Illinois State Hydrologist | 6 | | shall be employees of the Illinois State Water Survey. | 7 | | (9) To provide the results of the investigations and | 8 | | research in the field of natural science to the end that | 9 | | the same may be distributed to the interested public. | 10 | | (10) To perform all other duties and assume all | 11 | | obligations of the Department of Natural Resources | 12 | | pertaining to the Illinois State Water Survey, the | 13 | | Illinois State Geological Survey, the Illinois Natural | 14 | | History Survey, the Illinois Sustainable Technology | 15 | | Center, and the Illinois State Archaeological Survey. | 16 | | (11) To maintain all previously existing relationships | 17 | | between the Illinois State Water Survey, the Illinois | 18 | | State Geological Survey, the Illinois Natural History | 19 | | Survey, the Illinois Sustainable Technology Center, and | 20 | | the Illinois State Archaeological Survey and the public | 21 | | and private colleges and universities in Illinois. | 22 | | (12) To participate in federal and State geologic | 23 | | mapping programs. | 24 | | (13) To conduct educational programs to further the | 25 | | exchange of information to reduce the generation of | 26 | | hazardous wastes or to treat or dispose of such wastes so |
| | | 10300SB3095sam001 | - 10 - | LRB103 38310 BDA 70680 a |
|
| 1 | | as to make them nonhazardous. | 2 | | (14) To provide a technical information service for | 3 | | industries involved in the generation, treatment, or | 4 | | disposal of hazardous wastes. | 5 | | (15) To disseminate information regarding advances in | 6 | | hazardous waste management technology and sustainability | 7 | | practices that could both protect the environment and | 8 | | further industrial productivity. | 9 | | (16) To provide research in areas related to reduction | 10 | | of the generation of hazardous wastes; treatment, | 11 | | recycling and reuse; toxic pollution prevention; and other | 12 | | issues that the Board may suggest. The Illinois Pollution | 13 | | Prevention Scientist shall be an employee of the Illinois | 14 | | Sustainable Technology Center. | 15 | | (17) To investigate, preserve, and interpret the | 16 | | archaeological heritage of this State within the contexts | 17 | | of public needs and sustainable economic development | 18 | | through scientific research, public service, education, | 19 | | and outreach activities. The Illinois State Archaeologist | 20 | | shall be an employee of the Illinois State Archeological | 21 | | Survey. | 22 | | (Source: P.A. 98-346, eff. 8-14-13.) | 23 | | Section 999. Effective date. This Act takes effect upon | 24 | | becoming law.". |
|