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[ Senate Amendment 001 ] |
90_SB0795eng SEE INDEX Amends Acts containing references to the Hazardous Waste Research and Information Center to rename the Center as the Waste Management and Research Center. Provides that the Office of Scientific Research Analysis, in addition to the duties listed, may perform other related research functions and responsibilities as may be appropriate, instead of as provided by law; and provides that the State museum is within that Office. Amends the State Finance Act. Provides that Conservation 2000 funds may be used to establish and protect ecosystems through technical assistance and grants to public and private landowners. Amends the Surface Coal Mining Land Conservation and Reclamation Act to transfer the functions of the Interagency Committee on Surface Mining Control and Reclamation to the Office of Mines and Minerals within the Department of Natural Resources beginning July 1, 1997. Provides that the Department shall not deny a permit based on certain violations of the Act resulting from unanticipated events or conditions. In the event of a violation of the Act and a forfeiture of a bond or deposit of a surface coal mining operator, provides for the use of funds appropriated under the Abandoned Mined Lands and Water Reclamation Act to cover costs of remediation that exceed the amount of the bond or deposit. Sets forth exceptions to the Department's duty to prepare a Land Report on the petition of an interested party. Deletes certain provisions relating to public notice and opportunity to be heard on the adoption, amendment, or repeal of Department rules. Amends the Fish and Aquatic Life Code to lengthen the commercial musseling season, eliminate certain harvesting methods, and to authorize commercial musseling in the Ohio river. Amends the Wildlife Code to provide that no bow and arrow device shall be carried with the arrow in the nocked position during hours when deer hunting is unlawful, deleting provision that bow and arrow must be cased, unstrung or otherwise made inoperable by a locking device. Makes other changes. Effective immediately. LRB9000820SMdv SB795 Engrossed LRB9000820SMdv 1 AN ACT regarding natural resources. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Personnel Code is amended by changing 5 Section 4c as follows: 6 (20 ILCS 415/4c) (from Ch. 127, par. 63b104c) 7 Sec. 4c. General exemptions. The following positions in 8 State service shall be exempt from jurisdictions A, B, and C, 9 unless the jurisdictions shall be extended as provided in 10 this Act: 11 (1) All officers elected by the people. 12 (2) All positions under the Lieutenant Governor, 13 Secretary of State, State Treasurer, State Comptroller, 14 State Board of Education, Clerk of the Supreme Court, and 15 Attorney General. 16 (3) Judges, and officers and employees of the 17 courts, and notaries public. 18 (4) All officers and employees of the Illinois 19 General Assembly, all employees of legislative 20 commissions, all officers and employees of the Illinois 21 Legislative Reference Bureau, the Legislative Research 22 Unit, and the Legislative Printing Unit. 23 (5) All positions in the Illinois National Guard,24 and Illinois State Guard, paid from federal funds or 25 positions in the State Military Service filled by 26 enlistment and paid from State funds. 27 (6) All employees of the Governor at the executive 28 mansion and on his immediate personal staff. 29 (7) Directors of Departments, the Adjutant General, 30 the Assistant Adjutant General, the Director of the 31 Illinois Emergency Management Agency, members of boards SB795 Engrossed -2- LRB9000820SMdv 1 and commissions, and all other positions appointed by 2 the Governor by and with the consent of the Senate. 3 (8) The presidents, other principal administrative 4 officers, and teaching, research and extension faculties 5 of Chicago State University, Eastern Illinois University, 6 Governors State University, Illinois State University, 7 Northeastern Illinois University, Northern Illinois 8 University, Western Illinois University, the Illinois 9 Community College Board, Southern Illinois University, 10 Illinois Board of Higher Education, University of 11 Illinois, State Universities Civil Service System, 12 University Retirement System of Illinois, and the 13 administrative officers and scientific and technical 14 staff of the Illinois State Museum. 15 (9) All other employees except the presidents, 16 other principal administrative officers, and teaching, 17 research and extension faculties of the universities 18 under the jurisdiction of the Board of Regents and the 19 colleges and universities under the jurisdiction of the 20 Board of Governors of State Colleges and Universities, 21 Illinois Community College Board, Southern Illinois 22 University, Illinois Board of Higher Education, Board of 23 Governors of State Colleges and Universities, the Board 24 of Regents, University of Illinois, State Universities 25 Civil Service System, University Retirement System of 26 Illinois, so long as these are subject to the provisions 27 of the State Universities Civil Service Act. 28 (10) The State Police so long as they are subject 29 to the merit provisions of the State Police Act. 30 (11) The scientific staff of the State Scientific 31 Surveys and the Waste Management and ResearchHazardous32Waste Research and InformationCenter. 33 (12) The technical and engineering staffs of the 34 Department of Transportation, the Department of Nuclear SB795 Engrossed -3- LRB9000820SMdv 1 Safety,andofthe Illinois Commerce Commission, and the 2 technical and engineering staff providing architectural 3 and engineering services in the Department of Central 4 Management Services. 5 (13) All employees of the Illinois State Toll 6 Highway Commission. 7 (14) The Secretary of the Industrial Commission. 8 (15) All persons who are appointed or employed by 9 the Director of Insurance under authority of Section 202 10 of the Illinois Insurance Code to assist the Director of 11 Insurance in discharging his responsibilities relating to 12 the rehabilitation, liquidation, conservation, and 13 dissolution of companies that are subject to the 14 jurisdiction of the Illinois Insurance Code. 15 (16) All employees of the St. Louis Metropolitan 16 Area Airport Authority. 17 (17) All investment officers employed by the 18 Illinois State Board of Investment. 19 (18) Employees of the Illinois Young Adult 20 Conservation Corps program, administered by the Illinois 21 Department of Natural Resources, authorized grantee under 22 Title VIII of the"Comprehensive Employment and Training 23 Act of 1973", 29 USC 993. 24 (19) Seasonal employees of the Department of 25 Agriculture for the operation of the Illinois State Fair 26 and the DuQuoin State Fair, no one person receiving more 27 than 29 days of such employment in any calendar year. 28 (20) All "temporary" employees hired under the 29 Department of Natural Resources' Illinois Conservation 30 Service, a youth employment program that hires young 31 people to work in State parks for a period of one year or 32 less. 33 (21) All hearing officers of the Human Rights 34 Commission. SB795 Engrossed -4- LRB9000820SMdv 1 (22) All employees of the Illinois Mathematics and 2 Science Academy. 3 (23) All employees of the Kankakee River Valley 4 Area Airport Authority. 5 (Source: P.A. 89-4, eff. 1-1-96; 89-445, eff. 2-7-96.) 6 Section 10. The Civil Administrative Code of Illinois is 7 amended by changing Section 46.13a as follows: 8 (20 ILCS 605/46.13a) (from Ch. 127, par. 46.13a) 9 Sec. 46.13a. Environmental Regulatory Assistance Program. 10 (a) The following terms, whenever used or referred to in 11 this Section, shall have the following meanings ascribed to 12 them, except where the context clearly requires otherwise: 13 (1) "Small business stationary source" means a 14 business that is owned or operated by a person that 15 employs 100 or fewer individuals; is a small business; is 16 not a major stationary source as defined in Titles I and 17 III of the federal 1990 Clean Air Act Amendments; does 18 not emit 50 tons or more per year of any regulated 19 pollutant (as defined under the federal Clean Air Act); 20 and emits less than 75 tons per year of all regulated 21 pollutants. 22 (2) "Department" means the Illinois Department of 23 Commerce and Community Affairs. 24 (b) The Department may: 25 (1) Provide access to technical and compliance 26 information for Illinois firms, including small and 27 middle market companies, to facilitate local business 28 compliance with the federal, State and local 29 environmental regulations. 30 (2) Coordinate and enter into cooperative 31 agreements with a State ombudsman office, which shall be 32 established in accordance with the federal 1990 Clean Air SB795 Engrossed -5- LRB9000820SMdv 1 Act Amendments to provide direct oversight to the program 2 established under that Act. 3 (3) Enter into contracts, cooperative agreements, 4 and financing agreements and establish and collect 5 charges and fees necessary or incidental to the 6 performance of duties and the execution of powers under 7 this Section. 8 (4) Accept and expend, subject to appropriation, 9 gifts, grants, awards, funds, contributions, charges, 10 fees and other financial or nonfinancial aid from 11 federal, State and local governmental agencies, 12 businesses, educational agencies, not-for-profit 13 organizations, and other entities, for the purposes of 14 this Section. 15 (5) Establish, staff and administer programs and 16 services and adopt such rules and regulations as may be 17 necessary to carry out the intent of this Section and 18 Section 507, "Small Business Stationary Source Technical 19 and Environmental Compliance Assistance Program", of the 20 federal 1990 Clean Air Act Amendments. 21 (c) The Department's environmental compliance programs 22 and services for businesses may include, but need not be 23 limited to, the following: 24 (1) Communication and outreach services to or on 25 behalf of individual companies, including collection and 26 compilation of appropriate information on regulatory 27 compliance issues and control technologies, and 28 dissemination of such information through publications, 29 direct mailings, electronic communications, conferences, 30 workshops, one-on-one counseling and other means of 31 technical assistance. 32 (2) Provision of referrals and access to technical 33 assistance, pollution prevention and facility audits, and 34 otherwise serving as an information clearinghouse on SB795 Engrossed -6- LRB9000820SMdv 1 pollution prevention through the coordination of the 2 Waste Management and ResearchHazardous Waste Research3and InformationCenter, a division of the Department of 4 Natural Resources. In addition, environmental and 5 regulatory compliance issues and techniques, which may 6 include business rights and responsibilities, applicable 7 permitting and compliance requirements, compliance 8 methods and acceptable control technologies, release 9 detection, and other applicable information may be 10 provided. 11 (3) Coordination with and provision of 12 administrative and logistical support to the State 13 Compliance Advisory Panel. 14 (d) There is hereby created a special fund in the State 15 Treasury to be known as the Small Business Environmental 16 Assistance Fund. Monies received under subdivision (b)(4) of 17 this Section shall be deposited into the Fund. 18 Monies in the Small Business Environmental Assistance 19 Fund may be used, subject to appropriation, only for the 20 purposes authorized by this Section. 21 (Source: P.A. 89-445, eff. 2-7-96.) 22 Section 15. The Business Assistance and Regulatory Reform 23 Act is amended by changing Section 15 as follows: 24 (20 ILCS 608/15) 25 Sec. 15. Providing information and expediting permit 26 reviews. 27 (a) The office shall provide an information system using 28 a toll-free business assistance number. The number shall be 29 advertised throughout the State. If requested, the caller 30 will be sent a basic business kit, describing the basic 31 requirements and procedures for doing business in Illinois. 32 If requested, the caller shall be directed to one or more of SB795 Engrossed -7- LRB9000820SMdv 1 the additional services provided by the office. In addition, 2 the office shall have branches located throughout the State 3 to assist persons who prefer not (or who are unable) to use 4 the call system. All persons providing advice to callers on 5 behalf of the office and all persons responsible for directly 6 providing services to persons visiting the office or one of 7 its branches shall be persons with small business experience 8 in an administrative or managerial capacity. 9 (b) The office shall develop and implement a 10 computerized master application procedure to expedite the 11 identification and processing of permits for business 12 undertakings, projects and activities. 13 (1) The application shall be made on a form 14 prescribed by the office, designed primarily for the 15 convenience of applicants confronting requirements of 16 multiple permits from one or more State agencies. The 17 office shall assist any person requesting assistance in 18 completing the application. 19 (2) Upon receipt of a completed master application, 20 the office shall notify each State agency having a 21 possible interest in the proposed business activity. 22 Each agency so notified shall respond within 15 days and 23 advise the office whether one or more permits under its 24 jurisdiction may be required for the activity. The 25 response will also include the fees to be charged. The 26 requirements of this subdivision (b)(2) shall not apply 27 if the master application contained false, misleading or 28 deceptive information, or failed to include pertinent 29 information, the lack of which could reasonably lead a 30 State agency to misjudge the applicability of permits 31 under its jurisdiction, or if new permit requirements or 32 related standards subsequently became effective for which 33 a State agency had no discretion in establishing the 34 effective date. For purposes of this Act, "State agency" SB795 Engrossed -8- LRB9000820SMdv 1 means a department or agency of State government under 2 the jurisdiction and control of the Office of the 3 Governor. 4 (3) After the 15 day notice and response period, 5 the office shall promptly provide the applicant with the 6 necessary application forms and related information for 7 all permits specified by the interested State agencies. 8 Applications may be directly filed with the agencies or 9 with the office, together with the requisite fees. The 10 office may at the request of the applicant conduct a 11 pre-application conference with representatives of the 12 interested State agencies and agencies having 13 responsibilities for business promotion. 14 (c) Any applicant for permits required for a business 15 activity may confer with the office to obtain assistance in 16 the prompt and efficient processing and review of 17 applications. The office may designate an employee of the 18 office to act as a permit assistance manager to: 19 (1) facilitate contacts for the applicant with 20 responsible agencies; 21 (2) arrange conferences to clarify the requirements 22 of interested agencies; 23 (3) consider with State agencies the feasibility of 24 consolidating hearings and data required of the 25 applicant; 26 (4) assist the applicant in resolution of 27 outstanding issues identified by State agencies; and 28 (5) coordinate federal, State and local regulatory 29 procedures and permit review actions to the extent 30 possible. 31 (d) The office shall publish a directory of State 32 business permits and State programs to assist small 33 businesses. 34 (e) The office shall designate "economically distressed SB795 Engrossed -9- LRB9000820SMdv 1 areas", being State enterprise zones that have been 2 designated enterprise zones under the Illinois Enterprise 3 Zone Act because of their high unemployment rate, high 4 poverty rate, or low income. The office shall provide on-site 5 permit assistance in those areas and may require any 6 interested State agency to designate an employee who shall 7 coordinate the handling of permits in that area. Interested 8 State agencies shall, to the maximum extent feasible, 9 establish procedures to expedite applications in economically 10 distressed areas. The office shall attempt to establish 11 agreements with the local governments having jurisdiction in 12 these areas, to allow the office to provide assistance to 13 applicants for permits required by these local governments. 14 (f) The office shall designate permit assistance 15 managers to assist in obtaining the prompt and efficient 16 processing and review of applications for permits required by 17 businesses performing infrastructure projects. Interested 18 State agencies shall, to the maximum extent feasible, 19 establish procedures to expedite applications for 20 infrastructure projects. Applications for permits for 21 infrastructure projects shall be approved or disapproved 22 within 45 days of submission, unless law or regulations 23 specify a different period. If the interested agency is 24 unable to act within that period, the agency shall provide a 25 written notification to the office specifying reasons for its 26 inability to act and the date by which approval or 27 disapproval shall be determined. The office may require any 28 interested State agency to designate an employee who will 29 coordinate the handling of permits in that area. 30 (g) In addition to its responsibilities in connection 31 with permit assistance, the office shall provide general 32 regulatory information by directing businesses to appropriate 33 officers in State agencies to supply the information 34 requested. SB795 Engrossed -10- LRB9000820SMdv 1 (h) The office shall help businesses to locate and apply 2 to training programs available to train current employees in 3 particular skills, techniques or areas of knowledge relevant 4 to the employees' present or anticipated job duties. In 5 pursuit of this objective, the office shall provide 6 businesses with pertinent information about training programs 7 offered by State agencies, units of local government, public 8 universities and colleges, community colleges, and school 9 districts in Illinois. 10 (i) The office shall help businesses to locate and apply 11 to State programs offering to businesses grants, loans, loan 12 or bond guarantees, investment partnerships, technology or 13 productivity consultation, or other forms of business 14 assistance. 15 (j) To the extent authorized by federal law, the office 16 shall assist businesses in ascertaining and complying with 17 the requirements of the federal Americans with Disabilities 18 Act. 19 (k) The office shall provide confidential on-site 20 assistance in identifying problems and solutions in 21 compliance with requirements of the federal Occupational 22 Safety and Health Administration and other State and federal 23 environmental regulations. The office shall work through and 24 contract with the Waste Management and ResearchHazardous25Waste Research and InformationCenter to provide confidential 26 on-site consultation audits that (i) assist regulatory 27 compliance and (ii) identify pollution prevention 28 opportunities. 29 (l) The office shall provide information on existing 30 loan and business assistance programs provided by the State. 31 (m) Each State agency having jurisdiction to approve or 32 deny a permit shall have the continuing power heretofore or 33 hereafter vested in it to make such determinations. The 34 provisions of this Act shall not lessen or reduce such powers SB795 Engrossed -11- LRB9000820SMdv 1 and shall modify the procedures followed in carrying out such 2 powers only to the extent provided in this Act. 3 (n) (1) Each State agency shall fully cooperate with the 4 office in providing information, documentation, personnel or 5 facilities requested by the office. 6 (2) Each State agency having jurisdiction of any permit 7 to which the master application procedure is applicable shall 8 designate an employee to act as permit liaison office with 9 the office in carrying out the provisions of this Act. 10 (o) (1) The office has authority, but is not required, 11 to keep and analyze appropriate statistical data regarding 12 the number of permits issued by State agencies, the amount of 13 time necessary for the permits to be issued, the cost of 14 obtaining such permits, the types of projects for which 15 specific permits are issued, a geographic distribution of 16 permits, and other pertinent data the office deems 17 appropriate. 18 The office shall make such data and any analysis of the 19 data available to the public. 20 (2) The office has authority, but is not required, to 21 conduct or cause to be conducted a thorough review of any 22 agency's permit requirements and the need by the State to 23 require such permits. The office shall draw on the review, 24 on its direct experience, and on its statistical analyses to 25 prepare recommendations regarding how to: 26 (i) eliminate unnecessary or antiquated permit 27 requirements; 28 (ii) consolidate duplicative or overlapping permit 29 requirements; 30 (iii) simplify overly complex or lengthy 31 application procedures; 32 (iv) expedite time-consuming agency review and 33 approval procedures; or 34 (v) otherwise improve the permitting processes in SB795 Engrossed -12- LRB9000820SMdv 1 the State. 2 The office shall submit copies of all recommendations 3 within 5 days of issuance to the affected agency, the 4 Governor, the General Assembly, and the Joint Committee on 5 Administrative Rules. 6 (p) The office has authority to review State forms on 7 its own initiative or upon the request of another State 8 agency to ascertain the burden, if any, of complying with 9 those forms. If the office determines that a form is unduly 10 burdensome to business, it may recommend to the agency 11 issuing the form either that the form be eliminated or that 12 specific changes be made in the form. 13 (q) Not later than March 1 of each year, beginning March 14 1, 1995, the office shall submit an annual report of its 15 activities during the preceding year to the Governor and 16 General Assembly. The report shall describe the activities 17 of the office during the preceding year and shall contain 18 statistical information on the permit assistance activities 19 of the office. 20 (Source: P.A. 88-404.) 21 Section 20. The Department of Natural Resources Act is 22 amended by changing Sections 15-5 and 20-5 as follows: 23 (20 ILCS 801/15-5) 24 Sec. 15-5. Office of Scientific Research and Analysis. 25 The Department of Natural Resources shall have within it an 26 Office of Scientific Research and Analysis. The Office shall 27 contain within it a Natural History Survey division, a State 28 Water Survey division, a State Geological Survey division, a 29 Waste Management and ResearchHazardous Waste Research and30InformationCenter division, and such other related research 31 functions and responsibilities as may be appropriateprovided32by law. The Board of Natural Resources and Conservation is SB795 Engrossed -13- LRB9000820SMdv 1 retained as the governing board for the Scientific Surveys 2 and Waste Management and ResearchHazardous Waste Research3and InformationCenter. 4 (Source: P.A. 89-50, eff. 7-1-95; 89-445, eff. 2-7-96.) 5 (20 ILCS 801/20-5) 6 Sec. 20-5. State Museum. The Department of Natural 7 Resources shall have within it a division consisting of the 8 Illinois State Museum, which shall be within the Office of 9 Scientific Research and Analysis. The Board of the Illinois 10 State Museum is retained as the governing board for the State 11 Museum. 12 (Source: P.A. 89-50, eff. 7-1-95; 89-445, eff. 2-7-96.) 13 Section 25. The Civil Administrative Code of Illinois is 14 amended by changing Section 63a and by adding Sections 63b1.2 15 and 63b2.9 as follows: 16 (20 ILCS 805/63a) (from Ch. 127, par. 63a) 17 Sec. 63a. The Department of Natural Resources has the 18 powers enumerated in Sections 63a1 through 63b2.963b2.8. 19 (Source: P.A. 88-657, eff. 1-1-95; 89-445, eff. 2-7-96.) 20 (20 ILCS 805/63b1.2 new) 21 Sec. 63b1.2. Indirect cost reimbursements. Indirect 22 cost reimbursements applied for by the Department of Natural 23 Resources may be allocated as State matching funds. Any 24 indirect cost reimbursement applied for and received by the 25 Department shall be deposited to the same fund as the direct 26 cost and may be expended, subject to appropriation, for 27 support of programs administered by the Department of Natural 28 Resources. 29 (20 ILCS 805/63b2.9 new) SB795 Engrossed -14- LRB9000820SMdv 1 Sec. 63b2.9. Grants and contracts. To accept, receive, 2 expend, and administer, including by grant, agreement, or 3 contract, those funds that are made available to the 4 Department from the federal government and other public and 5 private sources in the exercise of its statutory powers and 6 duties. 7 The Department may make grants to other State agencies, 8 universities, not-for-profit organizations and local 9 governments, pursuant to an appropriation in the exercise of 10 its statutory powers and duties. 11 Section 30. The Energy Conservation and Coal Development 12 Act is amended by changing Section 16 as follows: 13 (20 ILCS 1105/16) (from Ch. 96 1/2, par. 7415) 14 Sec. 16. Battery Task Force. 15 (a) Within the Department is created a Battery Task 16 Force to be comprised of (i) the Director of the Department 17 who shall serve as chair of the Task Force; (ii) the Director 18 of the Environmental Protection Agency; (iii) the Director 19 of the Waste Management and ResearchHazardous Waste Research20and InformationCenter; and (iv) 15 persons who shall be 21 appointed by the Director of the Department, including 2 22 persons representing an environmental organization, 2 persons 23 representing the battery cell industry, 2 persons 24 representing the rechargeable powered tool/device industry, 3 25 representatives from local government with residential 26 recycling programs (including one from a municipality with 27 more than a million people), one person representing the 28 retail industry, one person representing a consumer group, 2 29 persons representing the waste management industry, one 30 person representing a recycling firm, and one person 31 representing a citizens' group active in local solid waste 32 issues. SB795 Engrossed -15- LRB9000820SMdv 1 (b) The Task Force shall prepare a report of its 2 findings and recommendations and shall present the report to 3 the Governor and the General Assembly on or before April 1, 4 1993. Among other things, the Task Force shall evaluate: 5 (1) collection, storage, and processing systems for 6 the recycling and proper management of common household 7 batteries and rechargeable battery products generated by 8 consumers, businesses, institutions, and governmental 9 units; 10 (2) public education programs that promote waste 11 reduction, reuse, and recycling strategies for household 12 batteries; 13 (3) disposal bans on specific household batteries 14 or rechargeable battery products; 15 (4) management options for rechargeable tools and 16 appliances; 17 (5) technical and financial assistance programs for 18 local governments; 19 (6) guidelines and regulations for the storage, 20 transportation, and disposal of household batteries; 21 (7) labeling requirements for household batteries 22 and battery packaging; 23 (8) metal content limits and sale restrictions for 24 carbon-zinc, nickel-cadmium, and button batteries; 25 (9) market development options for materials 26 recovered from household batteries; 27 (10) industry waste reduction developments, 28 including substitution of longer-life, rechargeable and 29 recyclable batteries, substitution of alternative 30 products which do not require batteries, increased use of 31 power-source adapters, and use of replaceable batteries 32 in battery-powered appliances; and 33 (11) the feasibility of reverse distribution of 34 batteries. SB795 Engrossed -16- LRB9000820SMdv 1 The Task Force shall review, evaluate, and compare 2 existing battery management and collection systems and 3 studies including those used from other states, the European 4 Community, and other major industrial nations. The Task Force 5 shall consult with manufacturers and the public to determine 6 the most cost effective and efficient means for battery 7 management. 8 (Source: P.A. 87-1250; 88-45.) 9 Section 35. The Hazardous Waste Technology Exchange 10 Service Act is amended by changing Sections 3, 4, 5, and 6 as 11 follows: 12 (20 ILCS 1130/3) (from Ch. 111 1/2, par. 6803) 13 Sec. 3. For the purposes of this Act, unless the context 14 otherwise requires: 15 (a) "Board" means the Board of Natural Resources and 16 Conservation of the Department of Natural Resources. 17 (b) "Center" means the Waste Management and Research 18Hazardous Waste Research and InformationCenter of the 19 Department of Natural Resources. 20 (c) "Department" means the Department of Natural 21 Resources. 22 (Source: P.A. 89-445, eff. 2-7-96.) 23 (20 ILCS 1130/4) (from Ch. 111 1/2, par. 6804) 24 Sec. 4. Waste Management and Research Center. As soon as 25 may be practicable after the effective date of this Act, the 26 Department shall establish a Hazardous Waste Research and 27 Information Center. On and after the effective date of this 28 amendatory Act of 1997, that Center shall be known as the 29 Waste Management and Research Center. 30 (Source: P.A. 86-652.) SB795 Engrossed -17- LRB9000820SMdv 1 (20 ILCS 1130/5) (from Ch. 111 1/2, par. 6805) 2 Sec. 5. Duties of Center; Industrial Advisory Committee. 3 (a) The Waste Management and ResearchHazardous Waste4Research and InformationCenter shall: 5 (1) Conduct educational programs to further the 6 exchange of information to reduce the generation of 7 hazardous wastes or to treat or dispose of such wastes so 8 as to make them nonhazardous. 9 (2) Provide a technical information service for 10 industries involved in the generation, treatment, or 11 disposal of hazardous wastes. 12 (3) Disseminate information regarding advances in 13 hazardous waste management technology which could both 14 protect the environment and further industrial 15 productivity. 16 (4) Provide research in areas related to reduction 17 of the generation of hazardous wastes; treatment, 18 recycling and reuse; and other issues which the Board may 19 suggest. 20 (5) Provide other services as deemed necessary or 21 desirable by the Board. 22 (6) Submit a biennial report to the General 23 Assembly on Center activities. 24 (b) The Director of the Department shall be responsible 25 for the administration of the Center. 26 (c) The Department shall have the authority to accept, 27 receive and administer on behalf of the Center any grants, 28 gifts or other funds made available for purposes of this Act. 29 (d) The Board shall (1) provide policy guidelines and 30 goals for the Center; (2) approve the Center's budget; (3) 31 approve any reports; and (4) otherwise direct the Center in 32 accordance with its statutory powers and duties contained in 33 Section 6 of "An Act in relation to natural resources, 34 research, data collection and environmental studies", SB795 Engrossed -18- LRB9000820SMdv 1 approved July 14, 1978, as amended. 2 (e) The Director shall appoint an Industrial Advisory 3 Committee which shall be composed of representatives of 4 industries which are involved in the generation, treatment or 5 disposal of hazardous waste, or representatives of 6 organizations of such industries. To the extent possible, 7 the Director shall choose members representing large and 8 small industries from all geographical areas of the State. 9 Members of the Industrial Advisory Committee shall receive no 10 compensation but may be reimbursed for reasonable expenses 11 incurred in carrying out their duties. 12 The Industrial Advisory Committee shall advise the 13 Department on programs, services and activities necessary to 14 assist large and small businesses in economically reducing, 15 through source reduction, treatment and recycling, the amount 16 and toxicity of hazardous waste to be disposed of on or in 17 the land. 18 (Source: P.A. 86-652.) 19 (20 ILCS 1130/6) (from Ch. 111 1/2, par. 6806) 20 Sec. 6. Appropriations. For the purpose of maintaining 21 the Waste Management and ResearchHazardous Waste Research22and InformationCenter, paying the expenses and providing the 23 facilities and structures incident thereto, appropriations 24 shall be made to the Department, payable from the Hazardous 25 Waste Research Fund and other funds in the State Treasury. 26 (Source: P.A. 86-652.) 27 Section 40. The State Finance Act is amended by changing 28 Section 6z-32 as follows: 29 (30 ILCS 105/6z-32) 30 Sec. 6z-32. Conservation 2000. 31 (a) The Conservation 2000 Fund and the Conservation 2000 SB795 Engrossed -19- LRB9000820SMdv 1 Projects Fund are created as special funds in the State 2 Treasury. These funds shall be used to establish a 3 comprehensive program to protect Illinois' natural resources 4 through cooperative partnerships between State government and 5 public and private landowners. Moneys in these Funds may be 6 used, subject to appropriation, by the Environmental 7 Protection Agency and the Departments of Agriculture, 8Conservation, Energy andNatural Resources, and 9 Transportation for purposes relating to natural resource 10 protection, recreation, tourism, and compatible agricultural 11 and economic development activities. Without limiting these 12 general purposes, moneys in these Funds may be used, subject 13 to appropriation, for the following specific purposes: 14 (1) To foster sustainable agriculture practices and 15 control soil erosion and sedimentation, including grants 16 to Soil and Water Conservation Districts for conservation 17 practice cost-share grants and for personnel, 18 educational, and administrative expenses. 19 (2) To establish and protect a system of ecosystems 20 in public and private ownership through conservation 21 easements, incentives to public and private landowners, 22 including technical assistance and grants, and land 23 acquisition provided these mechanisms are all voluntary 24 on the part of the landowner and do not involve the use 25 of eminent domain. 26 (3) To develop a systematic and long-term program 27 to effectively measure and monitor natural resources and 28 ecological conditions through investments in technology 29 and involvement of scientific experts. 30 (4) To initiate strategies to enhance, use, and 31 maintain Illinois' inland lakes through education, 32 technical assistance, research, and financial incentives. 33 (5) To conduct an extensive review of existing 34 Illinois water laws. SB795 Engrossed -20- LRB9000820SMdv 1 (b) The State Comptroller and State Treasurer shall 2 automatically transfer on the last day of each month, 3 beginning on September 30, 1995 and ending on June 30, 2001, 4 from the General Revenue Fund to the Conservation 2000 Fund, 5 an amount equal to 1/10 of the amount set forth below in 6 fiscal year 1996 and an amount equal to 1/12 of the amount 7 set forth below in each of the other specified fiscal years: 8 Fiscal Year Amount 9 1996 $ 3,500,000 10 1997 $ 9,000,000 11 1998 $10,000,000 12 1999 $11,000,000 13 2000 $12,500,000 14 2001 $14,000,000 15 (c) There shall be deposited into the Conservation 2000 16 Projects Fund such bond proceeds and other moneys as may, 17 from time to time, be provided by law. 18 (Source: P.A. 89-49, eff. 6-29-95; 89-626, 8-9-96; revised 19 12-10-96.) 20 Section 45. The Illinois Pension Code is amended by 21 changing Section 15-106 as follows: 22 (40 ILCS 5/15-106) (from Ch. 108 1/2, par. 15-106) 23 Sec. 15-106. Employer. "Employer": The University of 24 Illinois, Southern Illinois University, Chicago State 25 University, Eastern Illinois University, Governors State 26 University, Illinois State University, Northeastern Illinois 27 University, Northern Illinois University, Western Illinois 28 University, the State Board of Higher Education, the Illinois 29 Mathematics and Science Academy, the State Geological Survey 30 Division of the Department of Natural Resources, the State 31 Natural History Survey Division of the Department of Natural 32 Resources, the State Water Survey Division of the Department SB795 Engrossed -21- LRB9000820SMdv 1 of Natural Resources, the Waste Management and Research 2Hazardous Waste Research and InformationCenter of the 3 Department of Natural Resources, the University Civil Service 4 Merit Board, the Board of Trustees of the State Universities 5 Retirement System, the Illinois Community College Board, 6 State Community College of East St. Louis, community college 7 boards, any association of community college boards organized 8 under Section 3-55 of the Public Community College Act, and, 9 only during the period for which employer contributions 10 required under Section 15-155 are paid, the following 11 organizations: the alumni associations, the foundations and 12 the athletic associations which are affiliated with the 13 universities and colleges included in this Section as 14 employers. A department as defined in Section 14-103.04 is an 15 employer for any person appointed by the Governor under the 16 Civil Administrative Code of Illinoisthe Statewho is a 17 participating employee as defined in Section 15-109. 18 (Source: P.A. 89-4, eff. 1-1-96; 89-445, eff. 2-7-96.) 19 Section 50. The Civil Administrative Code of Illinois is 20 amended by changing Section 62 as follows: 21 (110 ILCS 355/62) (from Ch. 127, par. 62) 22 Sec. 62. Retention of duties by University of Illinois. 23 Unless otherwise provided by law, the functions and duties 24 formerly exercised by the State entomologist, the State 25 laboratory of natural history, the State water survey and the 26 State geological survey and vested in the Illinois Department 27 of Natural Resources, and the functions and duties of the 28 Waste Management and ResearchHazardous Waste Research and29InformationCenter and its Hazardous Materials Laboratory as 30 authorized by the Hazardous Waste Technology Exchange Service 31 Act, approved September 16, 1984, as now or hereafter 32 amended, shall continue to be exercised at the University of SB795 Engrossed -22- LRB9000820SMdv 1 Illinois in buildings and places provided by the trustees 2 thereof. 3 (Source: P.A. 89-445, eff. 2-7-96.) 4 Section 55. The Surface Coal Mining Land Conservation and 5 Reclamation Act is amended by changing Sections 1.03, 1.04, 6 1.05, 2.08, 6.07, 6.08, 7.03, 7.04, and 9.01 as follows: 7 (225 ILCS 720/1.03) (from Ch. 96 1/2, par. 7901.03) 8 Sec. 1.03. Definitions. 9 (a) Whenever used or referred to in this Act, unless a 10 different meaning clearly appears from the context; 11 (1) "Affected land" means: 12 (A) in the context of surface mining 13 operations, the areas described in Section 14 1.03(a)(24)(B), and 15 (B) in the context of underground mining 16 operations, surface areas on which such operations 17 occur or where such activities disturb the natural 18 land surface. 19 (2) "Approximate original contour" means that 20 surface configuration achieved by backfilling and grading 21 of the mined area so that the reclaimed area, including 22 any terracing or access roads, closely resembles the 23 general surface configuration of the land prior to mining 24 and blends into and compliments the drainage pattern of 25 the surrounding terrain, with all highwalls and spoil 26 piles eliminated. 27 (3) "Article" means an article of this Act. 28 (4) "Department" means the Department of Natural 29 Resources, or such department, bureau, or commission as 30 may lawfully succeed to the powers and duties of such 31 Department. 32 (5) "Director" means the Director of the Department SB795 Engrossed -23- LRB9000820SMdv 1 or such officer, bureau or commission as may lawfully 2 succeed to the powers and duties of such Director. 3 (6) "Federal Act" means the Federal Surface Mining 4 Control and Reclamation Act of 1977 (Public Law 95-87). 5 (7) "Imminent danger to the health and safety of 6 the public" means the existence of any condition or 7 practice, or any violation of a permit or other 8 requirement of this Act in a mining and reclamation 9 operation, which condition, practice, or violation could 10 reasonably be expected to cause substantial physical harm 11 to persons outside the permit area before such condition, 12 practice, or violation can be abated. A reasonable 13 expectation of death or serious injury before abatement 14 exists if a rational person, subjected to the same 15 conditions or practices giving rise to the peril, would 16 not expose himself to the danger during the time 17 necessary for abatement. 18 (8) (Blank). 19 (9) "Interagency Committee" means the Interagency 20 Committee on Surface Mining Control and Reclamation 21 created by Section 1.05. 22 (9-a) "Lands eligible for remining" means those 23 lands that would otherwise be eligible for expenditures 24 under the Abandoned Mined Lands and Water Reclamation 25 Act. 26 (10) "Mining and reclamation operations" means 27 mining operations and all activities necessary and 28 incident to the reclamation of such operations. 29 (11) "Mining operations" means both surface mining 30 operations and underground mining operations. 31 (12) "Operator" means any person engaged in coal 32 mining, and includes political subdivisions, units of 33 local government and instrumentalities of the State of 34 Illinois, and public utilities. SB795 Engrossed -24- LRB9000820SMdv 1 (13) "Permit" means a permit or a revised permit to 2 conduct mining operations and reclamation issued by the 3 Department under this Act. 4 (14) "Permit applicant" or "applicant" means a 5 person applying for a permit. 6 (15) "Permit application" or "application" means an 7 application for a permit under this Act. 8 (16) "Permit area" means the land described in the 9 permit. 10 (17) "Permittee" means a person holding a permit. 11 (18) "Permit term" means the period during which 12 the permittee may engage in mining operations under a 13 permit. 14 (19) "Person" means an individual, partnership, 15 copartnership, firm, joint venture, company, corporation, 16 association, joint stock company, trust, estate, 17 political subdivision, or any other public or private 18 legal entity, or their legal representative, agent or 19 assigns. 20 (20) "Reclamation" means conditioning areas 21 affected by mining operations to achieve the purposes of 22 this Act. 23 (21) "Reclamation plan" means a plan described in 24 Section 2.03. 25 (22) "Regulations" means regulations promulgated 26 under the Federal Act. 27 (23) "Section" means a section of this Act. 28 (24) "Surface mining operations" means (A) 29 activities conducted on the surface of lands in 30 connection with a surface coal mine or surface 31 operations. Such activities include excavation for the 32 purpose of obtaining coal including such common methods 33 as contour, strip, auger, mountaintop removal, box cut, 34 open pit, and area mining, coal recovery from coal waste SB795 Engrossed -25- LRB9000820SMdv 1 disposal areas, the uses of explosives and blasting, and 2 in situ distillation or retorting, leaching or other 3 chemical or physical processing, and the cleaning, 4 concentrating, or other processing or preparation, 5 loading of coal at or near the mine site; and (B) the 6 areas on which such activities occur or where such 7 activities disturb the natural land surface. Such areas 8 include any adjacent land the use of which is incidental 9 to any such activities, all lands affected by the 10 construction of new roads or the improvement or use of 11 existing roads to gain access to the site of such 12 activities and for haulage, and excavations, workings, 13 impoundments, dams, refuse banks, dumps, stockpiles, 14 overburden piles, spoil banks, culm banks, tailings, 15 holes or depressions, repair areas, storage areas, 16 processing areas, shipping areas and other areas upon 17 which are sited structures, facilities, or other property 18 or materials on the surface, resulting from or incident 19 to such activities. 20 (25) "Toxic conditions" and "toxic materials" mean 21 any conditions and materials that will not support higher 22 forms of plant or animal life in any place in connection 23 with or as a result of the completion of mining 24 operations. 25 (26) "Underground mining operations" means the 26 underground excavation of coal and (A) surface operations 27 incident to the underground extraction of coal, such as 28 construction, use, maintenance, and reclamation of roads, 29 above-ground repair areas, storage areas, processing 30 areas, shipping areas, areas on which are sited support 31 facilities including hoist and ventilation ducts, areas 32 used for the storage and disposal of waste, and areas on 33 which materials incident to underground mining operations 34 are placed, and (B) underground operations incident to SB795 Engrossed -26- LRB9000820SMdv 1 underground excavation of coal, such as underground 2 construction, operation, and reclamation of shafts, 3 adits, underground support facilities, in situ 4 processing, and underground mining, hauling, storage, or 5 blasting. 6 (27) "Unwarranted failure to comply" means the 7 failure of a permittee to prevent the occurrence of or to 8 abate any violation of his permit or any requirement of 9 this Act due to indifference, lack of diligence, or lack 10 of reasonable care. 11 The Department shall by rule define other terms used in 12 this Act if necessary or desirable to achieve the purposes of 13 this Act. 14 (Source: P.A. 89-445, eff. 2-7-96.) 15 (225 ILCS 720/1.04) (from Ch. 96 1/2, par. 7901.04) 16 Sec. 1.04. Advisory Council on Reclamation. 17 (a) There is created the Surface Mining Advisory Council 18 to consist of 9 members, plus the Director or his or her 19 designee. Members of the Advisory Council shall be appointed 20 by the Governor, with the advice and consent of the Senate. 21 The members appointed to the Council shall represent the 22 following interests: conservation, agriculture, surface coal 23 mining industry, local government, environmental protection, 24 the colleges and universities, underground coal mining 25 industry, labor, and the general public. The members shall 26 be knowledgeable concerning the nature of problems of mining 27 operations and reclamation. The Council shall select from 28 its members a chairperson and such other officers as it deems 29 necessary. The term of membership on the Advisory Council 30 shall be 3 years, except that the Governor may make initial 31 appointments or fill vacancies for lesser terms so that at 32 least 3 memberships expire annually. Members may be 33 reappointed. Vacancies occurring on the Advisory Council SB795 Engrossed -27- LRB9000820SMdv 1 shall be filled, as nearly as possible, with a person 2 representing the interest of his or her predecessor on the 3 Advisory Council. Members of the Council shall be reimbursed 4 for ordinary and necessary expenses incurred in the 5 performance of the Council's duties. Members of the Council 6 shall, in addition, receive $100 a day for each day spent in 7 the performance of their duties as Advisory Council members. 8 (b) The Advisory Council shall meet at least 3 times in 9 each calendar year on a date specified at least one week in 10 advance of the meeting. A meeting may be called by the 11 Director or on the request of a majority of Advisory Council 12 members. 13 (c) The Council shall act solely as an advisory body to 14 the Director and to the Land Reclamation Division of the 15 Office of Mines and Minerals within the Department. The 16 recommendations of the Council shall have no binding effect 17 on the Director or on the Division of Land Reclamation. The 18 advice, findings and recommendations of the Advisory Council 19 shall be made public in a semi-annual report published by the 20 Department. 21 (d) The Department shall present proposed rules related 22 to this Act, and proposed changes in such rules, to the 23 Advisory Council for its comments before putting such rules 24 or changes into effect, except for circumstances of emergency 25 or other circumstances enumerated in subsection 5(b), (d) and 26 (e) of The Illinois Administrative Procedure Act. 27 (e) The Council shall review the Federal Act and the 28 development and implementation of an approved permanent State 29 program thereunder. The Council shall make its review and 30 written recommendations to the Director. The Council may 31 seek comment from affected persons and the public prior to 32 making its recommendations. 33 (f) If as a result of any final action by the Congress 34 of the United States, any agency of the United States, or any SB795 Engrossed -28- LRB9000820SMdv 1 court, any provision of the Federal Act or the Regulations is 2 amended, modified, construed, or rendered inapplicable to 3 mining and reclamation operations in this State, the Director 4 shall forthwith call a meeting of the Council. The Council 5 shall review such final action and its effect in this State. 6 The Council shall recommend changes in this Act and the rules 7 adopted under this Act which would cause application of this 8 Act to reflect such final action. Pending formal amendment 9 of this Act for reason stated in this subsection, the 10 Director may administer this Act by emergency regulations in 11 accordance with the purposes of this Act and in a manner 12 consistent with any such final action of Congress, a federal 13 agency or a court. 14 (Source: P.A. 81-1015.) 15 (225 ILCS 720/1.05) (from Ch. 96 1/2, par. 7901.05) 16 Sec. 1.05. Interagency Committee. There is created the 17 Interagency Committee on Surface Mining Control and 18 Reclamation, which shall consist of the Director (or Division 19 Head) of each of the following State agencies: (a) the 20 Department of Agriculture, (b) the Environmental Protection 21 Agency, (c) the Department of Commerce and Community Affairs, 22 and (d) any other State Agency designated by the Director as 23 having a programmatic role in the review or regulation of 24 mining operations and reclamation whose comments are expected 25 by the Director to be relevant and of material benefit to the 26 process of reviewing permit applications under this Act. The 27 Interagency Committee on Surface Mining Control and 28 Reclamation shall be abolished on June 30, 1997. Beginning 29 July 1, 1997, all programmatic functions formerly performed 30 by the Interagency Committee on Surface Mining Control and 31 Reclamation shall be performed by the Office of Mines and 32 Minerals within the Department of Natural Resources, except 33 as otherwise provided by Section 9.04 of this Act. SB795 Engrossed -29- LRB9000820SMdv 1 (Source: P.A. 89-445, eff. 2-7-96.) 2 (225 ILCS 720/2.08) (from Ch. 96 1/2, par. 7902.08) 3 Sec. 2.08. Standards for approval of permits and 4 revisions. 5 (a) On the basis of a complete application, or a 6 revision thereof, and after completion of the procedures 7 required by Section 2.04, the Department shall grant, require 8 modification of, or deny the application. The applicant 9 shall have the burden of establishing that its application 10 complies with all the requirements of this Act. 11 (b) No permit or revised permit shall be issued unless 12 the application affirmatively demonstrates, and the 13 Department finds that (1) the application is accurate and 14 complete and that all the requirements of this Act have been 15 complied with; (2) the applicant has demonstrated that 16 reclamation as required by this Act can be accomplished under 17 this reclamation plan and that completion of the reclamation 18 plan will in fact comply with every applicable performance 19 standard of this Act; (3) the assessment of the probable 20 cumulative impact of all anticipated mining in the area on 21 the hydrologic balance specified by the Department by rule 22 has been made by the Department and the proposed mining 23 operation has been designed to prevent material damage to 24 hydrologic balance outside the permit area; and (4) the area 25 proposed to be mined is not included within an area 26 designated unsuitable for surface coal mining under Article 27 VII and is not within an area under study for such 28 designation in an administrative proceeding commenced under 29 Article VII. Except for operations subject to exemption by 30 Section 510(d)(2) of the Federal Act (PL95-87), a permit or 31 revised permit for mining operations on prime farmland may be 32 issued only if the Department also finds in writing that the 33 operator has the technological capability to restore such SB795 Engrossed -30- LRB9000820SMdv 1 mined area, within a reasonable time, to equivalent or higher 2 levels of yield as non-mined prime farmland in the 3 surrounding area under equivalent levels of management and 4 can meet the soil reconstruction standards in Section 3.07. 5 Such findings shall be made in accordance with standards and 6 procedures adopted by the Department by rule. The Department 7 shall make the findings required by this subsection in 8 writing on the basis of the information set forth in the 9 application, or from information otherwise available which is 10 described in the Department's findings and made available to 11 the applicant and the public. 12 (c) A permit or revised permit may be issued only after 13 the Department considers in writing any comments filed by 14 members of the Interagency Committee and County Boards. When 15 a complete application is received by the Department, a copy 16 of it shall be provided to each member of the Interagency 17 Committee. Members of the Interagency Committee shall review 18 and comment on protection of the hydrologic system, water 19 pollution control, the reclamation plan, soil handling 20 techniques, dams and impoundments and postmining land use. 21 Comments on the application shall be in writing and shall be 22 filed with the Department within 45 days. Each member's 23 comments shall be based on factual, legal and technical 24 considerations with respect to which his agency has 25 authority, and which shall be set forth in writing. A 26 member who does not comment within 45 days shall be deemed to 27 have waived his right to comment under this subsection. The 28 Department shall file comments received from Interagency 29 Committee members at the same locations at which the permit 30 application is available for public inspection in accordance 31 with Section 2.04. 32 (d) If information available to the Department indicates 33 that any mining operation owned or controlled by the 34 applicant is currently in violation of this Act or other laws SB795 Engrossed -31- LRB9000820SMdv 1 pertaining to air or water environmental protection, the 2 permit shall not be issued until the applicant submits proof 3 that such violation has been corrected or is in the process 4 of being corrected to the satisfaction of the Department, or 5 of the department or agency which has jurisdiction over such 6 violation. No permit shall be issued to an applicant after a 7 finding by the Department, after opportunity for hearing, 8 that the applicant, or the operator specified in the 9 application, controls or has controlled mining operations 10 with a demonstrated pattern of wilful violations of the 11 Federal Act or this Act of such nature and duration and with 12 such resulting irreparable damage to the environment as to 13 indicate an intent not to comply with the provisions of the 14 Federal Act or this Act. 15 (e) After the effective date of this amendatory Act of 16 1997, the prohibition of subsection (d) shall not apply to a 17 permit application due to any violation resulting from an 18 unanticipated event or condition at a surface coal mining 19 operation on lands eligible for remining under a permit held 20 by the person making such application. 21 As used in this subsection: 22 (1) "unanticipated event or condition" means an 23 event or condition encountered in a remining operation 24 that was not contemplated in the applicable surface coal 25 mining and reclamation permit; and 26 (2) "violation" has the same meaning as such term 27 has under subsection (d). 28 (Source: P.A. 81-1015.) 29 (225 ILCS 720/6.07) (from Ch. 96 1/2, par. 7906.07) 30 Sec. 6.07. Forfeiture. 31 (a) The Attorney General, on request of the Department, 32 shall institute proceedings to have the bond of the operator 33 forfeited for violation by the operator of any of the SB795 Engrossed -32- LRB9000820SMdv 1 provisions of this Act or for noncompliance with any lawful 2 rule or regulation promulgated by the Department thereunder. 3 Before making such request of the Attorney General, the 4 Department shall notify the operator in writing of the 5 alleged violation or non-compliance and shall afford the 6 operator the right to appear before the Department at a 7 hearing to be held not less than 30 days after the receipt of 8 such notice by the operator. At the hearing the operator may 9 present for the consideration of the Department statements, 10 documents and other information with respect to the alleged 11 violation. After the conclusion of the hearing, the 12 Department shall either withdraw the notice of violation or 13 shall request the Attorney General to institute proceedings 14 to have the bond of the operator forfeited as to the land 15 involved. 16 (b) The Department shall prescribe by rule the events 17 and conditions on the basis of which it may request the 18 Attorney General to institute bond forfeiture proceedings. 19 Such rules shall be no less stringent than the Regulations. 20 (c) In the event that the Department requests the 21 Attorney General to institute proceedings to have the bond 22 forfeited, the Department shall send written notification to 23 the permittee and, if applicable, the surety on the bond, 24 stating the reasons for its decision and the amount to be 25 forfeited. 26 (d) The amount of forfeiture shall be based on the 27 actual cost of the necessary work by a third party to remedy 28 the violation, except that the amount shall not exceed the 29 amount of the bond or deposit for the area in which the 30 violation occurred. 31 (e) Any operator against whom forfeiture proceedings 32 have been required shall not be issued a permit for further 33 mining in Illinois unless he provides additional assurances 34 satisfactory to the Department that such proceedings will not SB795 Engrossed -33- LRB9000820SMdv 1 again become necessary. 2 (f) In the event the bond or deposit for a surface coal 3 mining operation on lands eligible for remining is forfeited, 4 funds appropriated for expenditure under the Abandoned Mined 5 Lands and Water Reclamation Act may be used if the amount of 6 the bond or deposit is not sufficient to provide for adequate 7 reclamation or abatement. 8 (Source: P.A. 81-1015.) 9 (225 ILCS 720/6.08) (from Ch. 96 1/2, par. 7906.08) 10 Sec. 6.08. Release of bonds. 11 (a) A permittee may file a request with the Department 12 for the release of all or part of a performance bond or 13 deposit. Within 30 days after an application for such release 14 has been filed with the Department, the operator shall submit 15 a copy of a public notice placed at least once a week for 4 16 successive weeks in a newspaper of general circulation in the 17 locality of the mining operation. Such public notice shall 18 be considered part of the bond release application and shall 19 contain a notification of the precise location of the land 20 affected, the number of acres, the permit and the date it was 21 approved, the amount of the bond filed and the portion sought 22 to be released, the type and approximate dates of reclamation 23 work performed, and a description of the results achieved as 24 they relate to the operator's approved reclamation. In 25 addition, as part of any bond release application, the 26 applicant shall submit copies of letters which he has sent to 27 adjoining property owners, local governmental bodies, county 28 boards, planning agencies, and sewage and water treatment 29 authorities, or water companies in the locality in which the 30 mining and reclamation operations took place, notifying them 31 of his intention to seek release from the bond. 32 (b) Within 30 days after receipt of the notification and 33 request, the Department shall conduct an inspection and SB795 Engrossed -34- LRB9000820SMdv 1 evaluation of the reclamation work involved. Such evaluation 2 shall consider, among other things, the degree of difficulty 3 to complete any remaining reclamation, whether pollution of 4 surface and subsurface water is occurring, the probability of 5 continuance or future occurrence of such pollution, and the 6 estimated cost of abating such pollution. 7 (c) Any person with a valid legal interest which might 8 be adversely affected by release of the bond or deposit, or 9 the responsible officer or head of any Federal, State, or 10 local governmental agency which has jurisdiction by law or 11 special expertise with respect to any environmental, social, 12 or economic impact involved in the operation, or is 13 authorized to develop and enforce environmental standards 14 with respect to such operations, may file written objections 15 to the proposed release with the Department within 30 days 16 after the last publication of the notice provided in 17 subsection (a) of this Section. If written objections are 18 filed, and a hearing is requested, the Department shall 19 inform all interested parties of the time and place of the 20 hearing, and shall hold a public hearing in the locality of 21 the mining operation proposed for bond or deposit release 22 within 30 days after the request for such hearing. At the 23 option of an objector, hearings shall be held at the State 24 capital. The Department shall advertise the date, time and 25 location of such public hearings in a newspaper of general 26 circulation in the locality for 2 consecutive weeks. 27 (d) The Department may release in whole or in part said 28 bond or deposit if the Department is satisfied the 29 reclamation covered by the bond or deposit or portion thereof 30 has been accomplished as required by this Act according to 31 the following schedule: 32 (1) When the operator completes the backfilling, 33 regrading, and drainage control of a bonded area in 34 accordance with an approved reclamation plan, a maximum of 60 SB795 Engrossed -35- LRB9000820SMdv 1 per cent of the bond or collateral for the applicable permit 2 area may be released. 3 (2) After revegetation has been established on the 4 regraded mined lands in accordance with the approved 5 reclamation plan, an additional amount of the bond or deposit 6 may be released. When determining the amount of bond or 7 deposit to be released after successful revegetation has been 8 established, the Department shall retain that amount of bond 9 or deposit for the revegetated area which would be sufficient 10 for a third party to pay the cost of reestablishing 11 revegetation and for the period specified for operator 12 responsibility. No part of the bond or deposit shall be 13 released under this paragraph so long as the lands to which 14 the release would be applicable are contributing suspended 15 solids to streamflow or runoff outside the permit area in 16 excess of the requirements set by this Act or until soil 17 productivity for prime farmlands has returned to equivalent 18 levels of yield as nonmined land of the same soil type in the 19 surrounding area under equivalent management practices. 20 (3) When the operator has successfully completed all 21 mining and reclamation activities, the remaining portion of 22 the bond may be released, but not before the expiration of 23 the period specified for operator responsibility. 24 (4) No bond shall be fully released until all 25 reclamation requirements of the permit and this Act are fully 26 met. 27 (e) The Department shall notify the permittee in writing 28 of its decision to release or not to release all or part of 29 the performance bond or deposit (1) within 60 days after the 30 filing of the request, if no public hearing is held under 31 subsection (c) of this Section, or (2) if a public hearing 32 has been held under subsection (c) of this Section, within 30 33 days thereafter. 34 (f) If the Department disapproves the application for SB795 Engrossed -36- LRB9000820SMdv 1 release of the bond or deposit or portion thereof, the 2 Department shall state in writing the reasons for disapproval 3 and shall recommend corrective actions necessary to secure 4 said release. An opportunity for a public hearing shall be 5 provided. 6 (g) If the Department approves the application, it shall 7 notify the municipality and county in which the mining 8 operation is located by certified mail at least 30 days prior 9 to the release of all or a portion of the bond or deposit. 10 (h) The Department may by rule provide procedures for 11 the administration of this Section, including procedures for 12 hearings and informal conferences. 13 (i) Surface coal mining operations on lands eligible for 14 remining shall not affect the eligibility of those lands for 15 reclamation and restoration under the Abandoned Mined Lands 16 and Water Reclamation Act after the release of the bond or 17 deposit for any such operation under this Section. 18 (Source: P.A. 81-1509.) 19 (225 ILCS 720/7.03) (from Ch. 96 1/2, par. 7907.03) 20 Sec. 7.03. Procedure for designation. 21 (a) Any person having an interest which is or may be 22 adversely affected shall have the right to petition the 23 Department to have an area designated as unsuitable for all 24 or certain types of mining operations, or to have such a 25 designation terminated. Such a petition shall contain 26 allegations of facts with supporting evidence which would 27 tend to establish the allegations. 28 (b) Immediately after a petition under this Section is 29 received, the Department shall prepare a land report in 30 accordance with Section 7.04, unless the petition is rejected 31 by the Department as incomplete, frivolous, or submitted by a 32 person lacking an interest which is or may be adversely 33 affected by surface coal mining operations. SB795 Engrossed -37- LRB9000820SMdv 1 (c) Within 10 months after receipt of the petition, the 2 Department shall hold a public hearing in the locality of the 3 affected area, after appropriate notice and publication of 4 the date, time, and location of such hearing. Such notice 5 and publication shall state that a Land Report is available 6 for public inspection and the locations at which it may be 7 inspected. Such a hearing shall be held not less than 30 8 days after the Land Report has been prepared by the 9 Department in accordance with Section 7.04. After petition 10 is filed under this Section and before the hearing, any 11 person may intervene by filing allegations of facts with 12 supporting evidence which would tend to establish the 13 allegations. 14 (d) Within 60 days after such hearing, the Department 15 shall issue and furnish to the petitioner and all other 16 parties to the hearing, a written decision regarding the 17 petition, and the reasons therefor. 18 (e) In the event that all the petitioners stipulate 19 agreement prior to the requested hearing, and withdraw their 20 request, such hearing need not be held. 21 (f) The Department may by rule adopt additional 22 procedures for designation of lands under this Article. The 23 Department shall adopt rules to prevent the filing of 24 repetitive or frivolous petitions with respect to particular 25 lands, and prescribing procedures for expediting decisions on 26 repetitive or frivolous petitions. 27 (Source: P.A. 89-445, eff. 2-7-96.) 28 (225 ILCS 720/7.04) (from Ch. 96 1/2, par. 7907.04) 29 Sec. 7.04. Land Report. 30 (a) The Department shall prepare a Land Report with 31 respect to each petition filed with the Department under 32 Section 7.03. Each Land Report shall evaluate whether mining 33 operations on the land which is the subject of the petition SB795 Engrossed -38- LRB9000820SMdv 1 would have any or all of the effects described in subsection 2 (b) of Section 7.02. Each Land Report shall also contain a 3 detailed statement on (1) the potential coal resources of the 4 area, (2) the demand for coal resources, and (3) the impact 5 of a designation of such lands as unsuitable for mining on 6 the environment, the economy, and the supply of coal. The 7 Land Report shall state objectively the information which the 8 Department has, but shall not contain a recommendation with 9 respect to whether the petition should be granted or denied. 10 Each Land Report shall be completed not later than eight 11 months after receipt of the petition filed under Section 12 7.03. 13 (b) Each Land Report shall be made available to the 14 public by the Department at least 30 days before the 15 Department holds a public hearing under Section 7.03. 16 (Source: P.A. 89-445, eff. 2-7-96.) 17 (225 ILCS 720/9.01) (from Ch. 96 1/2, par. 7909.01) 18 Sec. 9.01. Rules. 19 (a) The Department may propose, adopt and promulgate 20 reasonable rules in conformity with this Act. When it 21 proposes or adopts rules the Department shall consider the 22 terrain, the climate and other conditions of this State. 23 Rules shall reflect the distinct differences between surface 24 mining operations and underground mining operations. 25 (b) Any person may file a written petition with the 26 Department proposing the adoption, amendment or repeal of any 27 rule under this Act. Within 90 days after a receipt of a 28 petition, the Department shall initiate a rule-making 29 proceeding under this Section with respect to such proposal, 30 or deny such petition, setting forth in writing the reasons 31 for such denial. 32(c) Prior to the adoption, amendment, or repeal of any33rule, the Department shall give at least 45 days notice ofSB795 Engrossed -39- LRB9000820SMdv 1its intended action. This notice period shall commence on the2first day the notice appears in the Illinois Register. The3notice shall include (1) a text of the proposed rule, or the4old and new materials of a proposed amendment, or the text of5the provision to be repealed; (2) the specific statutory6citation on which the proposed rule, the proposed amendment7to a rule or the proposed repeal of a rule is based and is8authorized; (3) a description of the subjects and issues9involved; and (4) the time, place and manner in which10interested persons may present their views and comments on11the intended action. The notice shall be mailed to all12persons who have filed a request with the Department for13advance notice of rule-making proceedings.14(d) All interested persons who submit a request within1530 days after notice of the proposed change is published in16the Illinois Register shall be afforded a reasonable17opportunity to submit data, views, arguments or comments,18either orally or in writing or both. The right to19cross-examine any witnesses shall be given to any interested20parties, if such right is requested. The Department shall21consider fully all written and oral submissions respecting22the proposed rule.23(e) No rule may be adopted unless substantial evidence24in support of such rule is submitted. When a rule is adopted,25the Department shall issue a concise statement of the26principal reasons for or against its adoption, and its27reasons for overruling the considerations urged against its28adoption.29(f) No rule is valid unless adopted in compliance with30this Section.31(g) The Department shall file in the office of the32Secretary of State and in the Department's principal office a33certified copy of each rule and modification or repeal of any34rule adopted by it.SB795 Engrossed -40- LRB9000820SMdv 1 (c)(h) Each adopted rule is effective 30 days after2filing, unless a later date is specified in the rule.No rule 3 adopted shall be retroactive. Any operator shall have the 4 right to proceed with operations under this Act until such 5 rules are adopted and no such rules shall be made applicable 6 to any operations prior to the effective date thereof. 7 (d)(i)In addition to the provisions of this Section, 8 and to the extent consistent with this Section, the 9 provisions of the Illinois Administrative Procedure Act apply 10 to the adoption of rules under this Act. 11 (Source: P.A. 81-1015.) 12 Section 60. The Toxic Pollution Prevention Act is amended 13 by changing Sections 3 and 5 as follows: 14 (415 ILCS 85/3) (from Ch. 111 1/2, par. 7953) 15 Sec. 3. Definitions. As used in this Act: 16 "Agency" means the Illinois Environmental Protection 17 Agency. 18 "Center" means the Waste Management and Research 19Hazardous Waste Research and InformationCenter. 20 "Person" means any individual, partnership, 21 co-partnership, firm, company, corporation, association, 22 joint stock company, trust, political subdivision, State 23 agency, or any other legal entity, or its legal 24 representative, agent or assigns. 25 "Release" means emission to the air, discharge to surface 26 waters or off-site wastewater treatment facilities, or 27 on-site release to the land, including but not limited to 28 landfills, surface impoundments and injection wells. 29 "Toxic substance" means any substance listed by the 30 Agency pursuant to Section 4 of this Act. 31 "Toxic pollution prevention" means in-plant practices 32 that reduce, avoid or eliminate: (i) the use of toxic SB795 Engrossed -41- LRB9000820SMdv 1 substances, (ii) the generation of toxic constituents in 2 wastes, (iii) the disposal or release of toxic substances 3 into the environment, or (iv) the development or manufacture 4 of products with toxic constituents, through the application 5 of any of the following techniques: 6 (1) input substitution, which refers to replacing a 7 toxic substance or raw material used in a production 8 process with a nontoxic or less toxic substance; 9 (2) product reformulation, which refers to 10 substituting for an existing end product an end product 11 which is nontoxic or less toxic upon use, release or 12 disposal; 13 (3) production process redesign or modification, 14 which refers to developing and using production processes 15 of a different design than those currently used; 16 (4) production process modernization, which refers 17 to upgrading or replacing existing production process 18 equipment or methods with other equipment or methods 19 based on the same production process; 20 (5) improved operation and maintenance of existing 21 production process equipment and methods, which refers to 22 modifying or adding to existing equipment or methods, 23 including but not limited to such techniques as improved 24 housekeeping practices, system adjustments, product and 25 process inspections, and production process control 26 equipment or methods; 27 (6) recycling, reuse or extended use of toxic 28 substances by using equipment or methods which become an 29 integral part of the production process, including but 30 not limited to filtration and other closed loop methods. 31 However, "toxic pollution prevention" shall not include 32 or in any way be inferred to promote or require incineration, 33 transfer from one medium of release to another, off-site or 34 out of process waste recycling, or end of pipe treatment of SB795 Engrossed -42- LRB9000820SMdv 1 toxic substances. 2 "Trade secret" means any information concerning 3 production processes employed or substances manufactured, 4 processed or otherwise used within a facility which the 5 Agency determines to satisfy the criteria established under 6 Section 3.48 of the Environmental Protection Act, and to 7 which specific trade secret status has been granted by the 8 Agency. 9 (Source: P.A. 86-914.) 10 (415 ILCS 85/5) (from Ch. 111 1/2, par. 7955) 11 Sec. 5. Toxic Pollution Prevention Assistance Program. 12 There is hereby established a Toxic Pollution Prevention 13 Assistance Program at the Waste Management and Research 14Hazardous Waste Research and InformationCenter. The Center 15 may establish cooperative programs with public and private 16 colleges and universities designed to augment the 17 implementation of this Section. The Center may establish 18 fees, tuition, or other financial charges for participation 19 in the Assistance Program. These monies shall be deposited in 20 the Toxic Pollution Prevention Fund established in Section 7 21 of this Act. Through the Assistance Program, the Center: 22 (1) Shall provide general information about and 23 actively publicize the advantages of and developments in 24 toxic pollution prevention. 25 (2) May establish courses, seminars, conferences 26 and other events, and reports, updates, guides and other 27 publications and other means of providing technical 28 information for industries, local governments and 29 citizens concerning toxic pollution prevention 30 strategies, and may, as appropriate, work in cooperation 31 with the Agency. 32 (3) Shall engage in research on toxic pollution 33 prevention methods. Such research shall include SB795 Engrossed -43- LRB9000820SMdv 1 assessments of the impact of adopting toxic pollution 2 prevention methods on the environment, the public health, 3 and worker exposure, and assessments of the impact on 4 profitability and employment within affected industries. 5 (4) Shall provide on-site technical consulting, to 6 the extent practicable, to help facilities to identify 7 opportunities for toxic pollution prevention, and to 8 develop toxic pollution prevention plans. To be eligible 9 for such consulting, the owner or operator of a facility 10 must agree to allow information regarding the results of 11 such consulting to be shared with the public, provided 12 that the identity of the facility shall be made available 13 only with its consent, and trade secret information shall 14 remain protected. 15 (5) May sponsor pilot projects in cooperation with 16 the Agency, or an institute of higher education to 17 develop and demonstrate innovative technologies and 18 methods for toxic pollution prevention. The results of 19 all such projects shall be available for use by the 20 public, but trade secret information shall remain 21 protected. 22 (6) May award grants for activities that further 23 the purposes of this Act, including but not limited to 24 the following: 25 (A) grants to not-for-profit organizations to 26 establish free or low-cost technical assistance or 27 educational programs to supplement the toxic 28 pollution prevention activities of the Center; 29 (B) grants to assist trade associations, 30 business organizations, labor organizations and 31 educational institutions in developing training 32 materials to foster toxic pollution prevention; and 33 (C) grants to assist industry, business 34 organizations, labor organizations, education SB795 Engrossed -44- LRB9000820SMdv 1 institutions and industrial hygienists to identify, 2 evaluate and implement toxic pollution prevention 3 measures and alternatives through audits, plans and 4 programs. 5 The Center may establish criteria and terms for such 6 grants, including a requirement that a grantee provide 7 matching funds. Grant money awarded under this Section 8 may not be spent for capital improvements or equipment. 9 In determining whether to award a grant, the 10 Director shall consider at least the following: 11 (i) the potential of the project to prevent 12 pollution; 13 (ii) the likelihood that the project will 14 develop techniques or processes that will minimize 15 the transfer of pollution from one environmental 16 medium to another; 17 (iii) the extent to which information to be 18 developed through the project will be applicable to 19 other persons in the State; and 20 (iv) the willingness of the grant applicant to 21 assist the Center in disseminating information about 22 the pollution prevention methods to be developed 23 through the project. 24 (7) Shall establish and operate a State information 25 clearinghouse that assembles, catalogues and disseminates 26 information about toxic pollution prevention and 27 available consultant services. Such clearinghouse shall 28 include a computer database containing information on 29 managerial, technical and operational approaches to 30 achieving toxic pollution prevention. The computer 31 database must be maintained on a system designed to 32 enable businesses, governmental agencies and the general 33 public readily to obtain information specific to 34 production technologies, materials, operations and SB795 Engrossed -45- LRB9000820SMdv 1 products. A business shall not be required to submit to 2 the clearinghouse any information that is a trade secret. 3 (8) May contract with an established institution of 4 higher education to assist the Center in carrying out the 5 provisions of this Section. The assistance provided by 6 such an institution may include, but need not be limited 7 to: 8 (A) engineering field internships to assist 9 industries in identifying toxic pollution prevention 10 opportunities; 11 (B) development of a toxic pollution 12 prevention curriculum for students and faculty; and 13 (C) applied toxic pollution prevention and 14 recycling research. 15 (9) Shall emphasize assistance to businesses that 16 have inadequate technical and financial resources to 17 obtain information and to assess and implement toxic 18 pollution prevention methods. 19 (10) Shall publish a biannual report on its toxic 20 pollution prevention activities, achievements, identified 21 problems and future goals. 22 (Source: P.A. 86-914; 86-1363.) 23 Section 65. The Illinois Pollution Prevention Act is 24 amended by changing Section 10 as follows: 25 (415 ILCS 115/10) 26 Sec. 10. Definitions. As used in this Act: 27 "Agency" means the Illinois Environmental Protection 28 Agency. 29 "Center" means the Waste Management and Research 30Hazardous Waste Research and InformationCenter. 31 "Person" means any individual, partnership, 32 co-partnership, firm, company, corporation, association, SB795 Engrossed -46- LRB9000820SMdv 1 joint stock company, trust, political subdivision, State 2 agency, or any other legal entity, or its legal 3 representative, agent or assigns. 4 "Release" means emission to the air, discharge to surface 5 waters or off-site wastewater treatment facilities, or 6 on-site release to the land, including but not limited to 7 landfills, surface impoundments and injection wells. 8 "Toxic or hazardous materials" means (i) any materials 9 that are reported to the Agency as released in Illinois under 10 Section 313 of the federal Emergency Planning and Community 11 Right to Know Act of 1986; and (ii) those wastes that are 12 reported as hazardous wastes by hazardous waste generators in 13 Illinois. 14 (Source: P.A. 87-1213.) 15 Section 67. The Firearm Owners Identification Card Act 16 is amended by changing Section 3a as follows: 17 (430 ILCS 65/3a) (from Ch. 38, par. 83-3a) 18 Sec. 3a. (a) Any resident of Illinois who has obtained a 19 firearm owner's identification card pursuant to this Act and 20 who is not otherwise prohibited from obtaining, possessing or 21 using a firearm may purchase or obtain a rifle or shotgun or 22 ammunition for a rifle or shotgun in Iowa, Missouri, Indiana, 23 Wisconsin or Kentucky. 24 (b) Any resident of Iowa, Missouri, Indiana, Wisconsin 25 or Kentucky or a non-resident with a valid non-resident 26 hunting license, who is 18 years of age or older and who is 27 not prohibited by the laws of Illinois, the state of his 28 domicile, or the United States from obtaining, possessing or 29 using a firearm, may purchase or obtain a rifle, shotgun or 30 ammunition for a rifle or shotgun in Illinois. 31 (c) Any transaction under this Section is subject to the 32 provisions of the Gun Control Act of 1968 (18 U.S.C. 922 SB795 Engrossed -47- LRB9000820SMdv 1 (b)(3)). 2 (Source: P.A. 84-442; 84-819.) 3 Section 70. The Fish and Aquatic Life Code is amended by 4 changing Section 15-35 as follows: 5 (515 ILCS 5/15-35) (from Ch. 56, par. 15-35) 6 Sec. 15-35. Mussels; open season. Mussels may be taken 7 only during the period of April 115to September 30, both 8 inclusive, and then only from sunrise to sunset and only by 9 means of crowfoot bars or hand picking, with or without the 10 aid of air breathing apparatus; except that in the Illinois11River and Mississippi River, including adjoining back water12lakes, mussels may be taken during the season by the13additional means of hand rakes, hand forks, or hand dredges. 14 Mussels may be taken from the Mississippi, Ohio, Wabash, and 15 Illinois rivers. Mussel fishing is permitted in other waters 16 only upon written authorization from the Department. 17 (Source: P.A. 87-833.) 18 Section 75. The Wildlife Code is amended by changing 19 Section 2.26 as follows: 20 (520 ILCS 5/2.26) (from Ch. 61, par. 2.26) 21 Sec. 2.26. Any person attempting to take deer shall 22 first obtain a "Deer Hunting Permit" in accordance with 23 prescribed regulations set forth in an Administrative Rule. 24 Deer Hunting Permits shall be issued by the Department. The 25 fee for a Deer Hunting Permit to take deer with either bow 26 and arrow or gun shall not exceed $15.00 for residents of the 27 State. The Department may by administrative rule provide for 28 non-resident deer hunting permits for which the fee will not 29 exceed $100 except as provided below for non-resident 30 landowners. Permits shall be issued without charge to: SB795 Engrossed -48- LRB9000820SMdv 1 (a) Illinois landowners residing in Illinois who 2 own at least 40 acres of Illinois land and wish to hunt 3 their land only, 4 (b) resident tenants of at least 40 acres of 5 commercial agricultural land where they will hunt, and 6 (c) shareholders of a corporation which owns at 7 least 40 acres of land in a county in Illinois who wish 8 to hunt on the corporation's land only. One permit shall 9 be issued without charge to one shareholder for each 40 10 acres of land owned by the corporation in a county; 11 however, the number of permits issued without charge to 12 shareholders of any corporation in any county shall not 13 exceed 15. 14 Bona fide landowners or tenants who do not wish to hunt 15 only on the land they own, rent or lease or shareholders who 16 do not wish to hunt only on the land owned by the corporation 17 shall be charged the same fee as the applicant who is not a 18 landowner, tenant or shareholder. Nonresidents of Illinois 19 who own at least 40 acres of land and wish to hunt on their 20 land only shall be charged a fee set by administrative rule. 21 The method for obtaining these permits shall be prescribed by 22 administrative rule. 23 The deer hunting permit issued without fee shall be valid 24 on all farm lands which the person to whom it is issued owns, 25 leases or rents, except that in the case of a permit issued 26 to a shareholder, the permit shall be valid on all lands 27 owned by the corporation in the county. 28 The standards and specifications for use of guns and bow 29 and arrow for deer hunting shall be established by 30 administrative rule. 31 No person may have in his possession any other firearm or 32 sidearm when taking deer by the use of either a shotgun, bow 33 and arrow or muzzle loading rifle. 34 Persons having a firearm deer hunting permit shall be SB795 Engrossed -49- LRB9000820SMdv 1 permitted to take deer only during the period from 1/2 hour 2 before sunrise to sunset, and only during those days for 3 which an open season is established for the taking of deer by 4 use of shotgun or muzzle loading rifle. 5 Persons having an archery deer hunting permit shall be 6 permitted to take deer only during the period from 1/2 hour 7 before sunrise to 1/2 hour after sunset, and only during 8 those days for which an open season is established for the 9 taking of deer by use of bow and arrow. 10 It shall be unlawful for any person to take deer by use 11 of dogs, horses, automobiles, aircraft or other vehicles, or 12 by the use of salt or bait of any kind. An area is 13 considered as baited during the presence of and for 10 14 consecutive days following the removal of bait. 15 It shall be unlawful to possess or transport any wild 16 deer which has been injured or killed in any manner upon a 17 public highway or public right-of-way of this State unless 18 exempted by administrative rule. 19 Persons hunting deer must have gun unloaded and noorbow 20 and arrowcased, unstrung or otherwise made inoperable by a21lockingdevice shall be carried with the arrow in the nocked 22 position during hours when deer hunting is unlawful. 23 It shall be unlawful for any person, having taken the 24 legal limit of deer by gun, to further participate with gun 25 in any deer hunting party. 26 It shall be unlawful for any person, having taken the 27 legal limit of deer by bow and arrow, to further participate 28 with bow and arrow in any deer hunting party. 29 The Department may prohibit upland game hunting during 30 the gun deer season by administrative rule. 31 It shall be legal for handicapped persons, as defined in 32 Section 2.33, to utilize a crossbow device, as defined in 33 Department rules, to take deer. 34 Any person who violates any of the provisions of this SB795 Engrossed -50- LRB9000820SMdv 1 Section, including administrative rules, shall be guilty of a 2 Class B misdemeanor. 3 (Source: P.A. 87-1015; 87-1243; 87-1268; 88-45; 88-416; 4 88-670, eff. 12-2-94.) 5 Section 99. Effective date. This Act takes effect upon 6 becoming law. SB795 Engrossed -51- LRB9000820SMdv 1 INDEX 2 Statutes amended in order of appearance 3 SEE INDEX 4 20 ILCS 415/4c from Ch. 127, par. 63b104c 5 20 ILCS 605/46.13a from Ch. 127, par. 46.13a 6 20 ILCS 608/15 7 20 ILCS 801/15-5 8 20 ILCS 801/20-5 9 20 ILCS 805/63a from Ch. 127, par. 63a 10 20 ILCS 805/63b1.2 new 11 20 ILCS 805/63b2.9 new 12 20 ILCS 1105/16 from Ch. 96 1/2, par. 7415 13 20 ILCS 1130/3 from Ch. 111 1/2, par. 6803 14 20 ILCS 1130/4 from Ch. 111 1/2, par. 6804 15 20 ILCS 1130/5 from Ch. 111 1/2, par. 6805 16 20 ILCS 1130/6 from Ch. 111 1/2, par. 6806 17 30 ILCS 105/6z-32 18 40 ILCS 5/15-106 from Ch. 108 1/2, par. 15-106 19 110 ILCS 355/62 from Ch. 127, par. 62 20 225 ILCS 720/1.03 from Ch. 96 1/2, par. 7901.03 21 225 ILCS 720/1.04 from Ch. 96 1/2, par. 7901.04 22 225 ILCS 720/1.05 from Ch. 96 1/2, par. 7901.05 23 225 ILCS 720/2.08 from Ch. 96 1/2, par. 7902.08 24 225 ILCS 720/6.07 from Ch. 96 1/2, par. 7906.07 25 225 ILCS 720/6.08 from Ch. 96 1/2, par. 7906.08 26 225 ILCS 720/7.03 from Ch. 96 1/2, par. 7907.03 27 225 ILCS 720/7.04 from Ch. 96 1/2, par. 7907.04 28 225 ILCS 720/9.01 from Ch. 96 1/2, par. 7909.01 29 415 ILCS 85/3 from Ch. 111 1/2, par. 7953 30 415 ILCS 85/5 from Ch. 111 1/2, par. 7955 31 415 ILCS 115/10 32 515 ILCS 5/15-35 from Ch. 56, par. 15-35 33 520 ILCS 5/2.26 from Ch. 61, par. 2.26