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Full Text of SB3443  98th General Assembly

SB3443enr 98TH GENERAL ASSEMBLY

  
  
  

 


 
SB3443 EnrolledLRB098 15945 HLH 55564 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Governmental Ethics Act is amended
5by changing Section 3A-40 as follows:
 
6    (5 ILCS 420/3A-40)
7    Sec. 3A-40. Appointees with expired terms; temporary and
8acting appointees.
9    (a) A person who is nominated by the Governor on or after
10August 26, 2011 (the effective date of Public Act 97-582) for
11any affected office to which appointment requires the advice
12and consent of the Senate, who is appointed pursuant to that
13advice and consent, and whose term of office expires on or
14after August 26, 2011 shall not continue in office longer than
1560 calendar days after the expiration of that term of office.
16After that 60th day, each such office is considered vacant and
17shall be filled only pursuant to the law applicable to making
18appointments to that office, subject to the provisions of this
19Section.
20    A person who has been nominated by the Governor before
21August 26, 2011 (the effective date of Public Act 97-582) for
22any affected office to which appointment requires the advice
23and consent of the Senate, who has been appointed pursuant to

 

 

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1that advice and consent, and whose term of office has expired
2shall not continue in office longer than 60 calendar days after
3the date upon which his or her term of office has expired.
4After that 60 days, each such office is considered vacant and
5shall be filled only pursuant to the law applicable to making
6appointments to that office, subject to the provisions of this
7Section. If the term of office of a person who is subject to
8this paragraph expires more than 60 calendar days prior to the
9effective date of this amendatory Act of the 97th General
10Assembly, then that office is considered vacant on the
11effective date of this amendatory Act of the 97th General
12Assembly, and that vacancy shall be filled only pursuant to the
13law applicable to making appointments to that office. For the
14purposes of this subsection (a), "affected office" means (i) an
15office in which one receives any form of compensation,
16including salary or per diem, but not including expense
17reimbursement, or (ii) membership on the board of trustees of a
18public university.
19    (b) A person who is appointed by the Governor on or after
20August 26, 2011 (the effective date of Public Act 97-582) to
21serve as a temporary appointee during a recess of the Senate,
22pursuant to Article V, Section 9(b) of the Illinois
23Constitution or any other applicable statute, to any office to
24which appointment requires the advice and consent of the Senate
25shall not continue in office after the next meeting of the
26Senate unless the Governor has filed a message with the

 

 

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1Secretary of the Senate nominating that person to fill that
2office on or before that meeting date. After that meeting date,
3each such office is considered vacant and shall be filled only
4pursuant to the law applicable to making appointments to that
5office, subject to the provisions of this Section. Any
6temporary appointment made pursuant to subsection (b) of
7Section 9 of Article V of the Illinois Constitution or any
8applicable statute shall be filed with the Secretary of State
9and the Secretary of the Senate. The form of the temporary
10appointment message shall be established by the Senate under
11its rules.
12    A person who has been appointed by the Governor before
13August 26, 2011 (the effective date of Public Act 97-582) to
14serve as a temporary appointee, pursuant to Article V, Section
159(b) of the Illinois Constitution or any other applicable
16statute, to any office to which appointment requires the advice
17and consent of the Senate shall not continue in office after
18August 26, 2011 or the next meeting of the Senate after August
1926, 2011, as applicable, unless the Governor has filed a
20message with the Secretary of the Senate nominating that person
21to fill that office on or before the next meeting of the Senate
22after that temporary appointment was made. After that effective
23date or meeting date, as applicable, each such office is
24considered vacant and shall be filled only pursuant to the law
25applicable to making appointments to that office, subject to
26the provisions of this Section.

 

 

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1    For the purposes of this subsection (b), a meeting of the
2Senate does not include a perfunctory session day as designated
3by the Senate under its rules. For the purposes of this
4subsection (b), the Senate is in recess on a day in which it is
5not in session and does not include a perfunctory session day
6as designated by the Senate under its rules.
7    (c) A person who is designated by the Governor on or after
8August 26, 2011 (the effective date of Public Act 97-582) to
9serve as an acting appointee to any office to which appointment
10requires the advice and consent of the Senate shall not
11continue in office more than 60 calendar days unless the
12Governor files a message with the Secretary of the Senate
13nominating that person to fill that office within that 60 days.
14After that 60 days, each such office is considered vacant and
15shall be filled only pursuant to the law applicable to making
16appointments to that office, subject to the provisions of this
17Section. The Governor shall file with the Secretary of the
18Senate the name of any person who the Governor designates as an
19acting appointee under this Section. The form of the message
20designating an appointee as acting shall be established by the
21Senate under its rules. No person who has been designated by
22the Governor to serve as an acting appointee to any office to
23which appointment requires the advice and consent of the Senate
24shall, except at the Senate's request, be designated again as
25an acting appointee for that office at the same session of that
26Senate, subject to the provisions of this Section.

 

 

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1    A person who has been designated by the Governor before
2August 26, 2011 (the effective date of Public Act 97-582) to
3serve as an acting appointee to any office to which appointment
4requires the advice and consent of the Senate shall not
5continue in office longer than 60 calendar days after August
626, 2011 unless the Governor has filed a message with the
7Secretary of the Senate nominating that person to fill that
8office on or before that 60 days. After that 60 days, each such
9office is considered vacant and shall be filled only pursuant
10to the law applicable to making appointments to that office,
11subject to the provisions of this Section. No person who has
12been designated by the Governor to serve as an acting appointee
13to any office to which appointment requires the advice and
14consent of the Senate shall, except at the Senate's request, be
15designated again as an acting appointee for that office at the
16same session of that Senate, subject to the provisions of this
17Section.
18    During the term of a General Assembly, the Governor may not
19designate a person to serve as an acting appointee to any
20office to which appointment requires the advice and consent of
21the Senate if that person's nomination to serve as the
22appointee for the same office was rejected by the Senate of the
23same General Assembly.
24    For the purposes of this subsection (c), "acting appointee"
25means a person designated by the Governor to serve as an acting
26director or acting secretary pursuant to Section 5-605 of the

 

 

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1Civil Administrative Code of Illinois. "Acting appointee" also
2means a person designated by the Governor pursuant to any other
3statute to serve as an acting holder of any office, to execute
4the duties and functions of any office, or both.
5    (d) The provisions of this Section apply notwithstanding
6any law to the contrary. However, the provisions of this
7Section do not apply to appointments made under Article 1A of
8the Election Code or to the appointment of any person to serve
9as Director of the Illinois Power Agency.
10(Source: P.A. 97-582, eff. 8-26-11; 97-719, eff. 6-29-12.)
 
11    Section 10. The Personnel Code is amended by changing
12Section 9 as follows:
 
13    (20 ILCS 415/9)  (from Ch. 127, par. 63b109)
14    Sec. 9. Director, powers and duties. The Director, as
15executive head of the Department, shall direct and supervise
16all its administrative and technical activities. In addition to
17the duties imposed upon him elsewhere in this law, it shall be
18his duty:
19    (1) To apply and carry out this law and the rules adopted
20thereunder.
21    (2) To attend meetings of the Commission.
22    (3) To establish and maintain a roster of all employees
23subject to this Act, in which there shall be set forth, as to
24each employee, the class, title, pay, status, and other

 

 

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1pertinent data.
2    (4) To appoint, subject to the provisions of this Act, such
3employees of the Department and such experts and special
4assistants as may be necessary to carry out effectively this
5law.
6    (5) Subject to such exemptions or modifications as may be
7necessary to assure the continuity of federal contributions in
8those agencies supported in whole or in part by federal funds,
9to make appointments to vacancies; to approve all written
10charges seeking discharge, demotion, or other disciplinary
11measures provided in this Act and to approve transfers of
12employees from one geographical area to another in the State,
13in offices, positions or places of employment covered by this
14Act, after consultation with the operating unit.
15    (6) To formulate and administer service wide policies and
16programs for the improvement of employee effectiveness,
17including training, safety, health, incentive recognition,
18counseling, welfare and employee relations. The Department
19shall formulate and administer recruitment plans and testing of
20potential employees for agencies having direct contact with
21significant numbers of non-English speaking or otherwise
22culturally distinct persons. The Department shall require each
23State agency to annually assess the need for employees with
24appropriate bilingual capabilities to serve the significant
25numbers of non-English speaking or culturally distinct
26persons. The Department shall develop a uniform procedure for

 

 

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1assessing an agency's need for employees with appropriate
2bilingual capabilities. Agencies shall establish occupational
3titles or designate positions as "bilingual option" for persons
4having sufficient linguistic ability or cultural knowledge to
5be able to render effective service to such persons. The
6Department shall ensure that any such option is exercised
7according to the agency's needs assessment and the requirements
8of this Code. The Department shall make annual reports of the
9needs assessment of each agency and the number of positions
10calling for non-English linguistic ability to whom vacancy
11postings were sent, and the number filled by each agency. Such
12policies and programs shall be subject to approval by the
13Governor. Such policies, program reports and needs assessment
14reports shall be filed with the General Assembly by January 1
15of each year and shall be available to the public.
16    The Department shall include within the report required
17above the number of persons receiving the bilingual pay
18supplement established by Section 8a.2 of this Code. The report
19shall provide the number of persons receiving the bilingual pay
20supplement for languages other than English and for signing.
21The report shall also indicate the number of persons, by the
22categories of Hispanic and non-Hispanic, who are receiving the
23bilingual pay supplement for language skills other than
24signing, in a language other than English.
25    (7) To conduct negotiations affecting pay, hours of work,
26or other working conditions of employees subject to this Act.

 

 

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1    (8) To make continuing studies to improve the efficiency of
2State services to the residents of Illinois, including but not
3limited to those who are non-English speaking or culturally
4distinct, and to report his findings and recommendations to the
5Commission and the Governor.
6    (9) To investigate from time to time the operation and
7effect of this law and the rules made thereunder and to report
8his findings and recommendations to the Commission and to the
9Governor.
10    (10) To make an annual report regarding the work of the
11Department, and such special reports as he may consider
12desirable, to the Commission and to the Governor, or as the
13Governor or Commission may request.
14    (11) (Blank). To conduct research and planning regarding
15the total manpower needs of all offices, including the
16Lieutenant Governor, Secretary of State, State Treasurer,
17State Comptroller, State Superintendent of Education, and
18Attorney General, and of all departments, agencies, boards, and
19commissions of the executive branch, except state-supported
20colleges and universities, and for that purpose to prescribe
21forms for the reporting of such personnel information as the
22department may request both for positions covered by this Act
23and for those exempt in whole or in part.
24    (12) To prepare and publish a semi-annual statement showing
25the number of employees exempt and non-exempt from merit
26selection in each department. This report shall be in addition

 

 

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1to other information on merit selection maintained for public
2information under existing law.
3    (13) To authorize in every department or agency subject to
4Jurisdiction C the use of flexible hours positions. A flexible
5hours position is one that does not require an ordinary work
6schedule as determined by the Department and includes but is
7not limited to: 1) a part time job of 20 hours or more per week,
82) a job which is shared by 2 employees or a compressed work
9week consisting of an ordinary number of working hours
10performed on fewer than the number of days ordinarily required
11to perform that job. The Department may define flexible time to
12include other types of jobs that are defined above.
13    The Director and the director of each department or agency
14shall together establish goals for flexible hours positions to
15be available in every department or agency.
16    The Department shall give technical assistance to
17departments and agencies in achieving their goals, and shall
18report to the Governor and the General Assembly each year on
19the progress of each department and agency.
20    When a goal of 10% of the positions in a department or
21agency being available on a flexible hours basis has been
22reached, the Department shall evaluate the effectiveness and
23efficiency of the program and determine whether to expand the
24number of positions available for flexible hours to 20%.
25    When a goal of 20% of the positions in a department or
26agency being available on a flexible hours basis has been

 

 

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1reached, the Department shall evaluate the effectiveness and
2efficiency of the program and determine whether to expand the
3number of positions available for flexible hours.
4    Each department shall develop a plan for implementation of
5flexible work requirements designed to reduce the need for day
6care of employees' children outside the home. Each department
7shall submit a report of its plan to the Department of Central
8Management Services and the General Assembly. This report shall
9be submitted biennially by March 1, with the first report due
10March 1, 1993.
11    (14) To perform any other lawful acts which he may consider
12necessary or desirable to carry out the purposes and provisions
13of this law.
14    The requirement for reporting to the General Assembly shall
15be satisfied by filing copies of the report with the Speaker,
16the Minority Leader and the Clerk of the House of
17Representatives and the President, the Minority Leader and the
18Secretary of the Senate and the Legislative Research Unit, as
19required by Section 3.1 of "An Act to revise the law in
20relation to the General Assembly", approved February 25, 1874,
21as amended, and filing such additional copies with the State
22Government Report Distribution Center for the General Assembly
23as is required under paragraph (t) of Section 7 of the State
24Library Act.
25(Source: P.A. 86-1004; 87-552; 87-1050.)
 

 

 

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1    (20 ILCS 605/605-345 rep.)
2    Section 15. The Department of Commerce and Economic
3Opportunity Law of the Civil Administrative Code of Illinois is
4amended by repealing Section 605-345.
 
5    Section 20. The Illinois Commission on Volunteerism and
6Community Service Act is amended by changing Sections 1, 2, 4,
75.1, 6.1, and 7 and by adding Sections 4.1 and 4.2 as follows:
 
8    (20 ILCS 710/1)  (from Ch. 127, par. 3801)
9    Sec. 1. Creation. There is created in the Department of
10Public Health Human Services the Illinois Commission on
11Volunteerism and Community Service.
12(Source: P.A. 91-798, eff. 7-9-00.)
 
13    (20 ILCS 710/2)  (from Ch. 127, par. 3802)
14    Sec. 2. Purpose. The purpose of the Illinois Commission on
15Volunteerism and Community Service is to promote and support
16community service in public and private programs to meet the
17needs of Illinois residents citizens; to stimulate new
18volunteerism and community service initiatives and
19partnerships; and to serve as a resource and advocate among all
20State agencies within the Department of Human Services for
21community service agencies, volunteers, and programs which
22utilize federal, State, and private volunteers.
23(Source: P.A. 91-798, eff. 7-9-00.)
 

 

 

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1    (20 ILCS 710/4)  (from Ch. 127, par. 3804)
2    Sec. 4. Operation. The Governor shall appoint a Director of
3the Commission on Volunteerism and Community Service who shall
4serve at the Governor's pleasure and who shall receive such
5compensation as is determined by the Governor. The Director
6shall employ such staff as is necessary to carry out the
7purpose of this Act. The Commission, working in cooperation
8with State agencies, individuals, local groups, and
9organizations throughout the State, may undertake programs and
10activities which further the purposes of this Act, including,
11but not limited to, the following:
12        (a) providing technical assistance to programs which
13    depend upon volunteers;
14        (b) initiating community service programs to meet
15    previously unmet needs in Illinois;
16        (c) promoting and coordinating efforts to expand and
17    improve the statewide community service network;
18        (d) recognizing outstanding community service
19    accomplishments;
20        (e) disseminating information to support community
21    service programs and to broaden community service
22    involvement throughout the State;
23        (f) implementing federally funded grant programs in
24    Illinois such as the National and Community Service Trust
25    Act, as amended by the Serve America Act; .

 

 

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1        (g) taking an active role in the State's emergency
2    management plan to coordinate volunteers for disaster
3    preparedness and response;
4        (h) promoting intergenerational initiatives and
5    efforts to promote inclusion among diverse populations;
6    and
7        (i) fostering an environment that promotes social
8    innovation throughout the State.
9    The Commission may receive and expend funds, grants and
10services from any source for purposes reasonable and necessary
11to carry out a coordinated plan of community service throughout
12the State.
13(Source: P.A. 91-798, eff. 7-9-00.)
 
14    (20 ILCS 710/4.1 new)
15    Sec. 4.1. Illinois Service Education Award Grant. The
16Commission may, subject to appropriation, award an Illinois
17Service Education Award Grant to recipients of a national
18service educational award established under 42 U.S.C. 12602 and
19awarded by the Corporation for National Community Service. The
20grant must be awarded only as a partial matching grant. An
21individual who successfully completes a required term of
22full-time national service in an approved national service
23position in this State may apply to receive an Illinois Service
24Education Award Grant. The Commission shall adopt rules to
25govern the process for applying for the grant and for

 

 

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1determining the amount of the grant and any other rules
2necessary to implement and administer this Section.
3    An Illinois Service Education Award Grant may be used for
4any of the following purposes:
5        (1) To repay student loans associated with attending an
6    Illinois institution of higher learning, as defined in the
7    Higher Education Student Assistance Act.
8        (2) To pay all or part of the cost of attendance at an
9    Illinois institution of higher learning, as defined in the
10    Higher Education Student Assistance Act.
11        (3) To pay expenses incurred in participating in an
12    approved Illinois school-to-work program.
13        (4) Any other purpose for which the national service
14    educational award may lawfully be used.
 
15    (20 ILCS 710/4.2 new)
16    Sec. 4.2. Receiving and expending funds. The Commission may
17receive and expend funds, grants, and services from any source
18for purposes reasonable and necessary to carry out a
19coordinated plan of community service throughout the State.
 
20    (20 ILCS 710/5.1)
21    Sec. 5.1. Commission. The Commission is established to
22encourage community service and volunteer participation as a
23means of community and State problem-solving; to promote and
24support voluntary resident citizen involvement in government

 

 

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1and private programs throughout the State; to develop a
2long-term, comprehensive vision and plan of action for national
3volunteerism and community service initiatives in Illinois;
4and to serve as the State's liaison to national and State
5organizations that support its mission.
6    The Commission shall consist of 15 to 25 bipartisan voting
7members and up to 15 bipartisan nonvoting members. At least 25%
8of the members must be from the City of Chicago.
9    The Governor shall appoint up to 25 voting members and up
10to 15 nonvoting members. Of those initial 25 voting members, 10
11shall serve for 3 years, 8 shall serve for 2 years, and 7 shall
12serve for one year. Voting members appointed by the Governor
13shall include at least one representative of the following: an
14expert in the education, training, and development needs of
15youth; an expert in philanthropy the chairman of the City
16Colleges of a municipality having a population of more than 2
17million; a representative of labor organizations; a
18representative of business; a representative of
19community-based the human services department of a
20municipality with a population of more than 2 million;
21community based organizations; the State Superintendent of
22Education; the Superintendent of Police of a municipality
23having a population of more than 2 million; a youth between 16
24and 25 years old who is a participant or supervisor in a
25community service program; the President of a County Board of a
26county having a population of more than 3 million; an expert in

 

 

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1older adult volunteerism; a representative of persons with
2disabilities the public health commissioner of a municipality
3having a population of more than 2 million; a representative of
4local government; and a representative of a national service
5program. A representative of the federal Corporation for
6National Service shall be appointed as a nonvoting member.
7    Appointing authorities shall ensure, to the maximum extent
8practicable, that the Commission is diverse with respect to
9race, ethnicity, age, gender, geography, and disability. Not
10more than 50% of the Commission appointed by the Governor may
11be from the same political party.
12    Subsequent voting members of the Commission shall serve
133-year terms. Commissioners must be allowed to serve until new
14commissioners are appointed in order to maintain the federally
15required number of commissioners.
16    Each nonvoting member shall serve at the pleasure of the
17Governor.
18    Members of the Commission may not serve more than 3
19consecutive terms. Vacancies shall be filled in the same manner
20as the original appointments and any member so appointed shall
21serve during the remainder of the term for which the vacancy
22occurred. The members shall not receive any compensation but
23shall be reimbursed for necessary expenses incurred in the
24performance of their duties.
25(Source: P.A. 91-798, eff. 7-9-00.)
 

 

 

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1    (20 ILCS 710/6.1)
2    Sec. 6.1. Functions of Commission. The Commission shall
3meet at least quarterly and shall advise and consult with the
4Department of Public Health and the Governor's Office Human
5Services and the Director on all matters relating to community
6service in Illinois. In addition, the Commission shall have the
7following duties:
8    (a) prepare a 3-year State national and community service
9plan, developed through an open, public process and updated
10annually;
11    (b) prepare the financial assistance applications of the
12State under the National and Community Service Trust Fund Act
13of 1993, as amended by the Serve America Act;
14    (c) assist in the preparation of the application by the
15State Board of Education for assistance under that Act;
16    (d) prepare the State's application under that Act for the
17approval of national service positions;
18    (e) assist in the provision of health care and child care
19benefits under that Act;
20    (f) develop a State recruitment, placement, and
21information dissemination system for participants in programs
22that receive assistance under the national service laws;
23    (g) administer the State's grant program including
24selection, oversight, and evaluation of grant recipients;
25    (h) make technical assistance available to enable
26applicants to plan and implement service programs and to apply

 

 

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1for assistance under the national service laws;
2    (i) develop projects, training methods, curriculum
3materials, and other activities related to service;
4    (j) coordinate its functions with any division of the
5federal Corporation for National and Community Service
6outlined in the National and Community Service Trust Fund Act
7of 1993, as amended by the Serve America Act.
8    (k) publicize Commission services and promote community
9involvement in the activities of the Commission;
10    (l) promote increased visibility and support for
11volunteers of all ages, especially youth and senior citizens,
12and community service in meeting the needs of Illinois
13residents citizens; and
14    (m) represent the Department of Public Health and the
15Governor's Office Human Services on such occasions and in such
16manner as the Department may provide.
17(Source: P.A. 91-798, eff. 7-9-00.)
 
18    (20 ILCS 710/7)
19    Sec. 7. Program transfer. On the effective date of this
20amendatory Act of the 98th General Assembly this amendatory Act
21of the 91st General Assembly, the authority, powers, and duties
22in this Act of the Department of Human Services Commerce and
23Community Affairs (now Department of Commerce and Economic
24Opportunity) are transferred to the Department of Public Health
25Human Services.

 

 

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1(Source: P.A. 94-793, eff. 5-19-06.)
 
2    Section 25. The Energy Conservation and Coal Development
3Act is amended by changing Section 3 as follows:
 
4    (20 ILCS 1105/3)  (from Ch. 96 1/2, par. 7403)
5    Sec. 3. Powers and Duties.
6    (a) In addition to its other powers, the Department has the
7following powers:
8        (1) To administer for the State any energy programs and
9    activities under federal law, regulations or guidelines,
10    and to coordinate such programs and activities with other
11    State agencies, units of local government, and educational
12    institutions.
13        (2) To represent the State in energy matters involving
14    the federal government, other states, units of local
15    government, and regional agencies.
16        (3) To prepare energy contingency plans for
17    consideration by the Governor and the General Assembly.
18    Such plans shall include procedures for determining when a
19    foreseeable danger exists of energy shortages, including
20    shortages of petroleum, coal, nuclear power, natural gas,
21    and other forms of energy, and shall specify the actions to
22    be taken to minimize hardship and maintain the general
23    welfare during such energy shortages.
24        (4) To cooperate with State colleges and universities

 

 

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1    and their governing boards in energy programs and
2    activities.
3        (5) (Blank).
4        (6) To accept, receive, expend, and administer,
5    including by contracts and grants to other State agencies,
6    any energy-related gifts, grants, cooperative agreement
7    funds, and other funds made available to the Department by
8    the federal government and other public and private
9    sources.
10        (7) To investigate practical problems, seek and
11    utilize financial assistance, implement studies and
12    conduct research relating to the production, distribution
13    and use of alcohol fuels.
14        (8) To serve as a clearinghouse for information on
15    alcohol production technology; provide assistance,
16    information and data relating to the production and use of
17    alcohol; develop informational packets and brochures, and
18    hold public seminars to encourage the development and
19    utilization of the best available technology.
20        (9) To coordinate with other State agencies in order to
21    promote the maximum flow of information and to avoid
22    unnecessary overlapping of alcohol fuel programs. In order
23    to effectuate this goal, the Director of the Department or
24    his representative shall consult with the Directors, or
25    their representatives, of the Departments of Agriculture,
26    Central Management Services, Transportation, and Revenue,

 

 

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1    the Office of the State Fire Marshal, and the Environmental
2    Protection Agency.
3        (10) To operate, within the Department, an Office of
4    Coal Development and Marketing for the promotion and
5    marketing of Illinois coal both domestically and
6    internationally. The Department may use monies
7    appropriated for this purpose for necessary administrative
8    expenses.
9        The Office of Coal Development and Marketing shall
10    develop and implement an initiative to assist the coal
11    industry in Illinois to increase its share of the
12    international coal market.
13        (11) To assist the Department of Central Management
14    Services in establishing and maintaining a system to
15    analyze and report energy consumption of facilities leased
16    by the Department of Central Management Services.
17        (12) To consult with the Departments of Natural
18    Resources and Transportation and the Illinois
19    Environmental Protection Agency for the purpose of
20    developing methods and standards that encourage the
21    utilization of coal combustion by-products as value added
22    products in productive and benign applications.
23        (13) To provide technical assistance and information
24    to sellers and distributors of storage hot water heaters
25    doing business in Illinois, pursuant to Section 1 of the
26    Hot Water Heater Efficiency Act.

 

 

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1    (b) (Blank).
2    (c) (Blank).
3    (d) The Department shall develop a package of educational
4materials containing information regarding the necessity of
5waste reduction and recycling to reduce dependence on landfills
6and to maintain environmental quality. The Department shall
7make this information available to the public on its website
8and for schools to access for their development of materials.
9Those materials developed shall be suitable for instructional
10use in grades 3, 4 and 5. The Department shall distribute such
11instructional material to all public elementary and unit school
12districts no later than November 1, of each year.
13    (e) (Blank).
14    (f) (Blank).
15    (g) (Blank).
16    (h) (Blank).
17    (i) (Blank).
18(Source: P.A. 98-44, eff. 6-28-13.)
 
19    (20 ILCS 2310/2310-373 rep.)
20    (20 ILCS 2310/2310-396 rep.)
21    Section 30. The Department of Public Health Powers and
22Duties Law of the Civil Administrative Code of Illinois is
23amended by repealing Sections 2310-373 and 2310-396.
 
24    Section 35. The Governor's Office of Management and Budget

 

 

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1Act is amended by changing Section 7.3 as follows:
 
2    (20 ILCS 3005/7.3)
3    Sec. 7.3. Annual economic and fiscal policy report. No
4later than the 3rd business day in By January 1 of each year,
5the Governor's Office of Management and Budget shall submit an
6economic and fiscal policy report to the General Assembly. The
7report must outline the long-term economic and fiscal policy
8objectives of the State, the economic and fiscal policy
9intentions for the upcoming fiscal year, and the economic and
10fiscal policy intentions for the following 2 fiscal years. The
11report must highlight the total level of revenue, expenditure,
12deficit or surplus, and debt with respect to each of the
13reporting categories. The report must be posted on the Office's
14Internet website and allow members of the public to post
15comments concerning the report.
16(Source: P.A. 96-1354, eff. 7-28-10.)
 
17    Section 40. The Capital Spending Accountability Law is
18amended by changing Section 805 as follows:
 
19    (20 ILCS 3020/805)
20    Sec. 805. Reports on capital spending. On the first day of
21each quarterly period in each fiscal year, the Governor's
22Office of Management and Budget shall provide to the
23Comptroller, the Treasurer, the President and the Minority

 

 

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1Leader of the Senate, and the Speaker and the Minority Leader
2of the House of Representatives a report on the status of all
3capital projects in the State. The report may must be provided
4in both written and electronic format. The report must include
5all of the following:
6        (1) A brief description or stated purpose of each
7    capital project where applicable (as referred to in this
8    Section, "project").
9        (2) The amount and source of funds (whether from bond
10    funds or other revenues) appropriated for each project,
11    organized into categories including roads, mass transit,
12    schools, environment, civic centers and other categories
13    as applicable (as referred to in this Section, "category or
14    categories"), with subtotals for each category.
15        (3) The date the appropriation bill relating to each
16    project was signed by the Governor, organized into
17    categories.
18        (4) The date the written release of the Governor for
19    each project was submitted to the Comptroller or is
20    projected to be submitted and, if a release for any project
21    has not been submitted within 6 months after its
22    appropriation became law, an explanation why the project
23    has not yet been released, all organized into categories.
24        (5) The amount of expenditures to date by the State
25    relating to each project and estimated amount of total
26    State expenditures and proposed schedule of future State

 

 

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1    expenditures relating to each project, all organized into
2    categories.
3        (6) A timeline for completion of each project,
4    including the dates, if applicable, of execution by the
5    State of any grant agreement, any required engineering or
6    design work or environmental approvals, and the estimated
7    or actual dates of the start and completion of
8    construction, all organized into categories. Any
9    substantial variances on any project from this reported
10    timeline must be explained in the next quarterly report.
11        (7) A summary report of the status of all projects,
12    including the amount of undisbursed funds intended to be
13    held or used in the next quarter.
14(Source: P.A. 96-34, eff. 7-13-09.)
 
15    Section 45. The General Assembly Operations Act is amended
16by changing Section 2 as follows:
 
17    (25 ILCS 10/2)  (from Ch. 63, par. 23.2)
18    Sec. 2. The Speaker of the House and the President of the
19Senate, and the Chairman and members of the Senate Committee on
20Committees shall be considered as holding continuing offices
21until their respective successors are elected and qualified.
22    In the event of death or resignation of the Speaker of the
23House or of the President of the Senate after the sine die
24adjournment of the session of the General Assembly at which he

 

 

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1was elected, the powers held by him shall pass respectively to
2the Majority Leader of the House of Representatives or to the
3Assistant Majority Leader of the Senate who, for the purposes
4of such powers shall be considered as holding continuing
5offices until his respective successors are elected and
6qualified.
7(Source: P.A. 78-10.)
 
8    Section 50. The General Assembly Compensation Act is
9amended by changing Section 4.1 as follows:
 
10    (25 ILCS 115/4.1)  (from Ch. 63, par. 15.2)
11    Sec. 4.1. Payment techniques and procedures shall be
12according to rules made by the Senate Committee on Assignment
13of Bills Operations Commission or the Rules Committee of the
14House, as the case may be.
15(Source: P.A. 79-806; 79-1023; 79-1454.)
 
16    Section 55. The Legislative Commission Reorganization Act
17of 1984 is amended by changing Sections 1-5 and 8A-15 as
18follows:
 
19    (25 ILCS 130/1-5)  (from Ch. 63, par. 1001-5)
20    Sec. 1-5. Composition of agencies; directors.
21    (a)(1) Each legislative support services agency listed in
22Section 1-3 is hereafter in this Section referred to as the

 

 

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1Agency.
2    (2) (Blank).
3    (2.1) (Blank).
4    (2.5) The Board of the Office of the Architect of the
5Capitol shall consist of the Secretary and Assistant Secretary
6of the Senate and the Clerk and Assistant Clerk of the House of
7Representatives. When the Board has cast a tied vote concerning
8the design, implementation, or construction of a project within
9the legislative complex, as defined in Section 8A-15, the
10Architect of the Capitol may cast the tie-breaking vote.
11    The Boards of the Joint Committee on Administrative Rules,
12the Commission on Government Forecasting and Accountability,
13the Legislative Audit Committee, and the Legislative Research
14Unit (3) The other legislative support services agencies shall
15each consist of 12 members of the General Assembly, of whom 3
16shall be appointed by the President of the Senate, 3 shall be
17appointed by the Minority Leader of the Senate, 3 shall be
18appointed by the Speaker of the House of Representatives, and 3
19shall be appointed by the Minority Leader of the House of
20Representatives. All appointments shall be in writing and filed
21with the Secretary of State as a public record.
22    Members shall serve a 2-year term, and must be appointed by
23the Joint Committee during the month of January in each
24odd-numbered year for terms beginning February 1. Any vacancy
25in an Agency shall be filled by appointment for the balance of
26the term in the same manner as the original appointment. A

 

 

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1vacancy shall exist when a member no longer holds the elected
2legislative office held at the time of the appointment or at
3the termination of the member's legislative service.
4    During the month of February of each odd-numbered year, the
5Joint Committee on Legislative Support Services shall select
6from the members of the Board of each Agency 2 co-chairpersons
7and such other officers as the Joint Committee deems necessary.
8The co-chairpersons of each Board shall serve for a 2-year
9term, beginning February 1 of the odd-numbered year, and the 2
10co-chairpersons shall not be members of or identified with the
11same house or the same political party.
12    Each Board shall meet twice annually or more often upon the
13call of the chair or any 9 members. A quorum of the Board shall
14consist of a majority of the appointed members.
15    (b) The Board of each of the following legislative support
16agencies shall consist of the Secretary and Assistant Secretary
17of the Senate and the Clerk and Assistant Clerk of the House of
18Representatives: the Legislative Information System, the
19Legislative Printing Unit, the Legislative Reference Bureau,
20and the Office of the Architect of the Capitol. The
21co-chairpersons of the Board of the Office of the Architect of
22the Capitol shall be the Secretary of the Senate and the Clerk
23of the House of Representatives, each ex officio (Blank).
24    The Chairperson of each of the other Boards shall be the
25member who is affiliated with the same caucus as the then
26serving Chairperson of the Joint Committee on Legislative

 

 

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1Support Services. Each Board shall meet twice annually or more
2often upon the call of the chair or any 3 members. A quorum of
3the Board shall consist of a majority of the appointed members.
4    When the Board of the Office of the Architect of the
5Capitol has cast a tied vote concerning the design,
6implementation, or construction of a project within the
7legislative complex, as defined in Section 8A-15, the Architect
8of the Capitol may cast the tie-breaking vote.
9    (c) (Blank). During the month of February of each
10odd-numbered year, the Joint Committee on Legislative Support
11Services shall select from the members of each agency, other
12than the Office of the Architect of the Capitol, 2 co-chairmen
13and such other officers as the Joint Committee deems necessary.
14The co-chairmen of each Agency shall serve for a 2-year term,
15beginning February 1 of the odd-numbered year, and the 2
16co-chairmen shall not be members of or identified with the same
17house or the same political party. The co-chairmen of the Board
18of the Office of the Architect of the Capitol shall be the
19Secretary of the Senate and the Clerk of the House of
20Representatives, each ex officio.
21    Each Agency shall meet twice annually or more often upon
22the call of the chair or any 9 members (or any 3 members in the
23case of the Office of the Architect of the Capitol). A quorum
24of the Agency shall consist of a majority of the appointed
25members.
26    (d) Members of each Agency shall serve without

 

 

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1compensation, but shall be reimbursed for expenses incurred in
2carrying out the duties of the Agency pursuant to rules and
3regulations adopted by the Joint Committee on Legislative
4Support Services.
5    (e) Beginning February 1, 1985, and every 2 years
6thereafter, the Joint Committee shall select an Executive
7Director who shall be the chief executive officer and staff
8director of each Agency. The Executive Director shall receive a
9salary as fixed by the Joint Committee and shall be authorized
10to employ and fix the compensation of necessary professional,
11technical and secretarial staff and prescribe their duties,
12sign contracts, and issue vouchers for the payment of
13obligations pursuant to rules and regulations adopted by the
14Joint Committee on Legislative Support Services. The Executive
15Director and other employees of the Agency shall not be subject
16to the Personnel Code.
17    The executive director of the Office of the Architect of
18the Capitol shall be known as the Architect of the Capitol.
19(Source: P.A. 96-959, eff. 7-1-10.)
 
20    (25 ILCS 130/8A-15)
21    Sec. 8A-15. Master plan.
22    (a) The term "legislative complex" means (i) the buildings
23and facilities located in Springfield, Illinois, and occupied
24in whole or in part by the General Assembly or any of its
25support service agencies, (ii) the grounds, walkways, and

 

 

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1tunnels surrounding or connected to those buildings and
2facilities, and (iii) the off-street parking areas serving
3those buildings and facilities.
4    (b) The Architect of the Capitol shall prepare and
5implement a long-range master plan of development for the State
6Capitol Building, and the remaining portions of the legislative
7complex, and the land and State buildings and facilities within
8the area bounded by Washington, Third, Cook, and Pasfield
9Streets that addresses the improvement, construction, historic
10preservation, restoration, maintenance, repair, and
11landscaping needs of these State buildings and facilities and
12the land the State Capitol Building and the remaining portions
13of the legislative complex. The Architect of the Capitol shall
14submit the master plan to the Capitol Historic Preservation
15Board for its review and comment. The Board must confine its
16review and comment to those portions of the master plan that
17relate to areas of the legislative complex other than the State
18Capitol Building. The Architect may incorporate suggestions of
19the Board into the master plan. The master plan must be
20submitted to and approved by the Board of the Office of the
21Architect of the Capitol before its implementation.
22    The Architect of the Capitol may change the master plan and
23shall submit changes in the master plan that relate to areas of
24the legislative complex other than the State Capitol Building
25to the Capitol Historic Preservation Board for its review and
26comment. All changes in the master plan must be submitted to

 

 

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1and approved by the Board of the Office of the Architect of the
2Capitol before implementation.
3    (c) The Architect of the Capitol must review the master
4plan every 5 years or at the direction of the Board of the
5Office of the Architect of the Capitol. Changes in the master
6plan resulting from this review must be made in accordance with
7the procedure provided in subsection (b).
8    (d) Notwithstanding any other law to the contrary, the
9Architect of the Capitol has the sole authority to contract for
10all materials and services necessary for the implementation of
11the master plan. The Architect (i) may comply with the
12procedures established by the Joint Committee on Legislative
13Support Services under Section 1-4 or (ii) upon approval of the
14Board of the Office of the Architect of the Capitol, may, but
15is not required to, comply with a portion or all of the
16Illinois Procurement Code when entering into contracts under
17this subsection. The Architect's compliance with the Illinois
18Procurement Code shall not be construed to subject the
19Architect or any other entity of the legislative branch to the
20Illinois Procurement Code with respect to any other contract.
21    The Architect may enter into agreements with other State
22agencies for the provision of materials or performance of
23services necessary for the implementation of the master plan.
24    State officers and agencies providing normal, day-to-day
25repair, maintenance, or landscaping or providing security,
26commissary, utility, parking, banking, tour guide, event

 

 

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1scheduling, or other operational services for buildings and
2facilities within the legislative complex immediately prior to
3the effective date of this amendatory Act of the 93rd General
4Assembly shall continue to provide that normal, day-to-day
5repair, maintenance, or landscaping or those services on the
6same basis, whether by contract or employees, that the repair,
7maintenance, landscaping, or services were provided
8immediately prior to the effective date of this amendatory Act
9of the 93rd General Assembly, subject to the provisions of the
10master plan and as otherwise directed by the Architect of the
11Capitol.
12    (e) The Architect of the Capitol shall monitor
13construction, preservation, restoration, maintenance, repair,
14and landscaping work in the legislative complex and
15implementation of the master plan, as well as all other
16activities that alter the historic integrity of the legislative
17complex and the other land and State buildings and facilities
18in the master plan.
19(Source: P.A. 93-632, eff. 2-1-04.)
 
20    (30 ILCS 105/5.250 rep.)
21    Section 60. The State Finance Act is amended by repealing
22Section 5.250.
 
23    Section 65. The Adult Education Reporting Act is amended by
24changing Section 1 as follows:
 

 

 

SB3443 Enrolled- 35 -LRB098 15945 HLH 55564 b

1    (105 ILCS 410/1)  (from Ch. 122, par. 1851)
2    Sec. 1. As used in this Act, "agency" means: the
3Departments of Corrections, Public Aid, Commerce and Economic
4Opportunity, Human Services, and Public Health; the Secretary
5of State; the Illinois Community College Board; and the
6Administrative Office of the Illinois Courts. On and after July
71, 2001, "agency" includes the State Board of Education and
8does not include the Illinois Community College Board.
9(Source: P.A. 94-793, eff. 5-19-06.)
 
10    Section 70. The Public Community College Act is amended by
11changing Section 2-10 as follows:
 
12    (110 ILCS 805/2-10)  (from Ch. 122, par. 102-10)
13    Sec. 2-10. The State Board shall make a thorough,
14comprehensive and continuous study of the status of community
15college education, its problems, needs for improvement, and
16projected developments and shall make a detailed report thereof
17to the General Assembly not later than March 1 of each
18odd-numbered year and shall submit recommendations for such
19legislation as it deems necessary.
20    The requirement for reporting to the General Assembly shall
21be satisfied by electronically filing copies of the report with
22the Speaker, the Minority Leader and the Clerk of the House of
23Representatives and the President, the Minority Leader and the

 

 

SB3443 Enrolled- 36 -LRB098 15945 HLH 55564 b

1Secretary of the Senate and the Legislative Research Unit, as
2required by Section 3.1 of "An Act to revise the law in
3relation to the General Assembly", approved February 25, 1874,
4as amended, and electronically filing such additional copies
5with the State Government Report Distribution Center for the
6General Assembly as is required under paragraph (t) of Section
77 of the State Library Act. A copy of the report shall also be
8posted on the State Board's website.
9(Source: P.A. 84-1438.)
 
10    (215 ILCS 5/178 rep.)
11    Section 75. The Illinois Insurance Code is amended by
12repealing Section 178.
 
13    (215 ILCS 5/Art. XVI rep.)
14    (215 ILCS 5/Art. XIXB rep.)
15    Section 80. The Illinois Insurance Code is amended by
16repealing Articles XVI and XIXB.
 
17    (225 ILCS 120/24 rep.)
18    Section 85. The Wholesale Drug Distribution Licensing Act
19is amended by repealing Section 24.
 
20    Section 90. The Solid Waste Site Operator Certification Law
21is amended by changing Section 1011 as follows:
 

 

 

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1    (225 ILCS 230/1011)  (from Ch. 111, par. 7861)
2    Sec. 1011. Fees.
3    (a) Fees for the issuance or renewal of a Solid Waste Site
4Operator Certificate shall be as follows:
5        (1)(A) $400 for issuance or renewal for Class A Solid
6    Waste Site Operators; (B) $200 for issuance or renewal for
7    Class B Solid Waste Site Operators; and (C) $100 for
8    issuance or renewal for special waste endorsements.
9        (2) If the fee for renewal is not paid within the grace
10    period the above fees for renewal shall each be increased
11    by $50.
12    (b) Before the effective date of this amendatory Act of the
1398th General Assembly, all All fees collected by the Agency
14under this Section shall be deposited into the Hazardous Waste
15Occupational Licensing Fund. The Agency is authorized to use
16monies in the Hazardous Waste Occupational Licensing Fund to
17perform its functions, powers, and duties under this Section.
18    On and after the effective date of this amendatory Act of
19the 98th General Assembly, all fees collected by the Agency
20under this Section shall be deposited into the Environmental
21Protection Permit and Inspection Fund to be used in accordance
22with the provisions of Section 22.8 of the Environmental
23Protection Act.
24(Source: P.A. 86-1363.)
 
25    Section 95. The Illinois Athlete Agents Act is amended by

 

 

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1changing Section 180 as follows:
 
2    (225 ILCS 401/180)
3    Sec. 180. Civil penalties.
4    (a) In addition to any other penalty provided by law, any
5person who violates this Act shall forfeit and pay a civil
6penalty to the Department in an amount not to exceed $10,000
7for each violation as determined by the Department. The civil
8penalty shall be assessed by the Department in accordance with
9the provisions of this Act.
10    (b) The Department has the authority and power to
11investigate any and all unlicensed activity.
12    (c) The civil penalty shall be paid within 60 days after
13the effective date of the order imposing the civil penalty. The
14order shall constitute a judgment and may be filed and
15execution had thereon in the same manner as any judgment from
16any court of record.
17    (d) All moneys collected under this Section shall be
18deposited into the General Professions Dedicated Fund.
19(Source: P.A. 96-1030, eff. 1-1-11.)
 
20    Section 100. The Illinois Horse Racing Act of 1975 is
21amended by changing Section 30 as follows:
 
22    (230 ILCS 5/30)  (from Ch. 8, par. 37-30)
23    Sec. 30. (a) The General Assembly declares that it is the

 

 

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1policy of this State to encourage the breeding of thoroughbred
2horses in this State and the ownership of such horses by
3residents of this State in order to provide for: sufficient
4numbers of high quality thoroughbred horses to participate in
5thoroughbred racing meetings in this State, and to establish
6and preserve the agricultural and commercial benefits of such
7breeding and racing industries to the State of Illinois. It is
8the intent of the General Assembly to further this policy by
9the provisions of this Act.
10    (b) Each organization licensee conducting a thoroughbred
11racing meeting pursuant to this Act shall provide at least two
12races each day limited to Illinois conceived and foaled horses
13or Illinois foaled horses or both. A minimum of 6 races shall
14be conducted each week limited to Illinois conceived and foaled
15or Illinois foaled horses or both. No horses shall be permitted
16to start in such races unless duly registered under the rules
17of the Department of Agriculture.
18    (c) Conditions of races under subsection (b) shall be
19commensurate with past performance, quality, and class of
20Illinois conceived and foaled and Illinois foaled horses
21available. If, however, sufficient competition cannot be had
22among horses of that class on any day, the races may, with
23consent of the Board, be eliminated for that day and substitute
24races provided.
25    (d) There is hereby created a special fund of the State
26Treasury to be known as the Illinois Thoroughbred Breeders

 

 

SB3443 Enrolled- 40 -LRB098 15945 HLH 55564 b

1Fund.
2    Except as provided in subsection (g) of Section 27 of this
3Act, 8.5% of all the monies received by the State as privilege
4taxes on Thoroughbred racing meetings shall be paid into the
5Illinois Thoroughbred Breeders Fund.
6    (e) The Illinois Thoroughbred Breeders Fund shall be
7administered by the Department of Agriculture with the advice
8and assistance of the Advisory Board created in subsection (f)
9of this Section.
10    (f) The Illinois Thoroughbred Breeders Fund Advisory Board
11shall consist of the Director of the Department of Agriculture,
12who shall serve as Chairman; a member of the Illinois Racing
13Board, designated by it; 2 representatives of the organization
14licensees conducting thoroughbred racing meetings, recommended
15by them; 2 representatives of the Illinois Thoroughbred
16Breeders and Owners Foundation, recommended by it; and 2
17representatives of the Horsemen's Benevolent Protective
18Association or any successor organization established in
19Illinois comprised of the largest number of owners and
20trainers, recommended by it, with one representative of the
21Horsemen's Benevolent and Protective Association to come from
22its Illinois Division, and one from its Chicago Division.
23Advisory Board members shall serve for 2 years commencing
24January 1 of each odd numbered year. If representatives of the
25organization licensees conducting thoroughbred racing
26meetings, the Illinois Thoroughbred Breeders and Owners

 

 

SB3443 Enrolled- 41 -LRB098 15945 HLH 55564 b

1Foundation, and the Horsemen's Benevolent Protection
2Association have not been recommended by January 1, of each odd
3numbered year, the Director of the Department of Agriculture
4shall make an appointment for the organization failing to so
5recommend a member of the Advisory Board. Advisory Board
6members shall receive no compensation for their services as
7members but shall be reimbursed for all actual and necessary
8expenses and disbursements incurred in the execution of their
9official duties.
10    (g) No monies shall be expended from the Illinois
11Thoroughbred Breeders Fund except as appropriated by the
12General Assembly. Monies appropriated from the Illinois
13Thoroughbred Breeders Fund shall be expended by the Department
14of Agriculture, with the advice and assistance of the Illinois
15Thoroughbred Breeders Fund Advisory Board, for the following
16purposes only:
17        (1) To provide purse supplements to owners of horses
18    participating in races limited to Illinois conceived and
19    foaled and Illinois foaled horses. Any such purse
20    supplements shall not be included in and shall be paid in
21    addition to any purses, stakes, or breeders' awards offered
22    by each organization licensee as determined by agreement
23    between such organization licensee and an organization
24    representing the horsemen. No monies from the Illinois
25    Thoroughbred Breeders Fund shall be used to provide purse
26    supplements for claiming races in which the minimum

 

 

SB3443 Enrolled- 42 -LRB098 15945 HLH 55564 b

1    claiming price is less than $7,500.
2        (2) To provide stakes and awards to be paid to the
3    owners of the winning horses in certain races limited to
4    Illinois conceived and foaled and Illinois foaled horses
5    designated as stakes races.
6        (2.5) To provide an award to the owner or owners of an
7    Illinois conceived and foaled or Illinois foaled horse that
8    wins a maiden special weight, an allowance, overnight
9    handicap race, or claiming race with claiming price of
10    $10,000 or more providing the race is not restricted to
11    Illinois conceived and foaled or Illinois foaled horses.
12    Awards shall also be provided to the owner or owners of
13    Illinois conceived and foaled and Illinois foaled horses
14    that place second or third in those races. To the extent
15    that additional moneys are required to pay the minimum
16    additional awards of 40% of the purse the horse earns for
17    placing first, second or third in those races for Illinois
18    foaled horses and of 60% of the purse the horse earns for
19    placing first, second or third in those races for Illinois
20    conceived and foaled horses, those moneys shall be provided
21    from the purse account at the track where earned.
22        (3) To provide stallion awards to the owner or owners
23    of any stallion that is duly registered with the Illinois
24    Thoroughbred Breeders Fund Program prior to the effective
25    date of this amendatory Act of 1995 whose duly registered
26    Illinois conceived and foaled offspring wins a race

 

 

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1    conducted at an Illinois thoroughbred racing meeting other
2    than a claiming race. Such award shall not be paid to the
3    owner or owners of an Illinois stallion that served outside
4    this State at any time during the calendar year in which
5    such race was conducted.
6        (4) To provide $75,000 annually for purses to be
7    distributed to county fairs that provide for the running of
8    races during each county fair exclusively for the
9    thoroughbreds conceived and foaled in Illinois. The
10    conditions of the races shall be developed by the county
11    fair association and reviewed by the Department with the
12    advice and assistance of the Illinois Thoroughbred
13    Breeders Fund Advisory Board. There shall be no wagering of
14    any kind on the running of Illinois conceived and foaled
15    races at county fairs.
16        (4.1) To provide purse money for an Illinois stallion
17    stakes program.
18        (5) No less than 80% of all monies appropriated from
19    the Illinois Thoroughbred Breeders Fund shall be expended
20    for the purposes in (1), (2), (2.5), (3), (4), (4.1), and
21    (5) as shown above.
22        (6) To provide for educational programs regarding the
23    thoroughbred breeding industry.
24        (7) To provide for research programs concerning the
25    health, development and care of the thoroughbred horse.
26        (8) To provide for a scholarship and training program

 

 

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1    for students of equine veterinary medicine.
2        (9) To provide for dissemination of public information
3    designed to promote the breeding of thoroughbred horses in
4    Illinois.
5        (10) To provide for all expenses incurred in the
6    administration of the Illinois Thoroughbred Breeders Fund.
7    (h) Whenever the Governor finds that the amount in the
8Illinois Thoroughbred Breeders Fund is more than the total of
9the outstanding appropriations from such fund, the Governor
10shall notify the State Comptroller and the State Treasurer of
11such fact. The Comptroller and the State Treasurer, upon
12receipt of such notification, shall transfer such excess amount
13from the Illinois Thoroughbred Breeders Fund to the General
14Revenue Fund.
15    (i) A sum equal to 12 1/2% of the first prize money of
16every purse won by an Illinois foaled or an Illinois conceived
17and foaled horse in races not limited to Illinois foaled horses
18or Illinois conceived and foaled horses, or both, shall be paid
19by the organization licensee conducting the horse race meeting.
20Such sum shall be paid from the organization licensee's share
21of the money wagered as follows: 11 1/2% to the breeder of the
22winning horse and 1% to the organization representing
23thoroughbred breeders and owners whose representative serves
24on the Illinois Thoroughbred Breeders Fund Advisory Board for
25verifying the amounts of breeders' awards earned, assuring
26their distribution in accordance with this Act, and servicing

 

 

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1and promoting the Illinois thoroughbred horse racing industry.
2The organization representing thoroughbred breeders and owners
3shall cause all expenditures of monies received under this
4subsection (i) to be audited at least annually by a registered
5public accountant. The organization shall file copies of each
6annual audit with the Racing Board, the Clerk of the House of
7Representatives and the Secretary of the Senate, and shall make
8copies of each annual audit available to the public upon
9request and upon payment of the reasonable cost of photocopying
10the requested number of copies. Such payments shall not reduce
11any award to the owner of the horse or reduce the taxes payable
12under this Act. Upon completion of its racing meet, each
13organization licensee shall deliver to the organization
14representing thoroughbred breeders and owners whose
15representative serves on the Illinois Thoroughbred Breeders
16Fund Advisory Board a listing of all the Illinois foaled and
17the Illinois conceived and foaled horses which won breeders'
18awards and the amount of such breeders' awards under this
19subsection to verify accuracy of payments and assure proper
20distribution of breeders' awards in accordance with the
21provisions of this Act. Such payments shall be delivered by the
22organization licensee within 30 days of the end of each race
23meeting.
24    (j) A sum equal to 12 1/2% of the first prize money won in
25each race limited to Illinois foaled horses or Illinois
26conceived and foaled horses, or both, shall be paid in the

 

 

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1following manner by the organization licensee conducting the
2horse race meeting, from the organization licensee's share of
3the money wagered: 11 1/2% to the breeders of the horses in
4each such race which are the official first, second, third and
5fourth finishers and 1% to the organization representing
6thoroughbred breeders and owners whose representative serves
7on the Illinois Thoroughbred Breeders Fund Advisory Board for
8verifying the amounts of breeders' awards earned, assuring
9their proper distribution in accordance with this Act, and
10servicing and promoting the Illinois thoroughbred horse racing
11industry. The organization representing thoroughbred breeders
12and owners shall cause all expenditures of monies received
13under this subsection (j) to be audited at least annually by a
14registered public accountant. The organization shall file
15copies of each annual audit with the Racing Board, the Clerk of
16the House of Representatives and the Secretary of the Senate,
17and shall make copies of each annual audit available to the
18public upon request and upon payment of the reasonable cost of
19photocopying the requested number of copies.
20    The 11 1/2% paid to the breeders in accordance with this
21subsection shall be distributed as follows:
22        (1) 60% of such sum shall be paid to the breeder of the
23    horse which finishes in the official first position;
24        (2) 20% of such sum shall be paid to the breeder of the
25    horse which finishes in the official second position;
26        (3) 15% of such sum shall be paid to the breeder of the

 

 

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1    horse which finishes in the official third position; and
2        (4) 5% of such sum shall be paid to the breeder of the
3    horse which finishes in the official fourth position.
4    Such payments shall not reduce any award to the owners of a
5horse or reduce the taxes payable under this Act. Upon
6completion of its racing meet, each organization licensee shall
7deliver to the organization representing thoroughbred breeders
8and owners whose representative serves on the Illinois
9Thoroughbred Breeders Fund Advisory Board a listing of all the
10Illinois foaled and the Illinois conceived and foaled horses
11which won breeders' awards and the amount of such breeders'
12awards in accordance with the provisions of this Act. Such
13payments shall be delivered by the organization licensee within
1430 days of the end of each race meeting.
15    (k) The term "breeder", as used herein, means the owner of
16the mare at the time the foal is dropped. An "Illinois foaled
17horse" is a foal dropped by a mare which enters this State on
18or before December 1, in the year in which the horse is bred,
19provided the mare remains continuously in this State until its
20foal is born. An "Illinois foaled horse" also means a foal born
21of a mare in the same year as the mare enters this State on or
22before March 1, and remains in this State at least 30 days
23after foaling, is bred back during the season of the foaling to
24an Illinois Registered Stallion (unless a veterinarian
25certifies that the mare should not be bred for health reasons),
26and is not bred to a stallion standing in any other state

 

 

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1during the season of foaling. An "Illinois foaled horse" also
2means a foal born in Illinois of a mare purchased at public
3auction subsequent to the mare entering this State prior to
4February 1 of the foaling year providing the mare is owned
5solely by one or more Illinois residents or an Illinois entity
6that is entirely owned by one or more Illinois residents.
7    (l) The Department of Agriculture shall, by rule, with the
8advice and assistance of the Illinois Thoroughbred Breeders
9Fund Advisory Board:
10        (1) Qualify stallions for Illinois breeding; such
11    stallions to stand for service within the State of Illinois
12    at the time of a foal's conception. Such stallion must not
13    stand for service at any place outside the State of
14    Illinois during the calendar year in which the foal is
15    conceived. The Department of Agriculture may assess and
16    collect application fees for the registration of
17    Illinois-eligible stallions. All fees collected are to be
18    paid into the Illinois Thoroughbred Breeders Fund.
19        (2) Provide for the registration of Illinois conceived
20    and foaled horses and Illinois foaled horses. No such horse
21    shall compete in the races limited to Illinois conceived
22    and foaled horses or Illinois foaled horses or both unless
23    registered with the Department of Agriculture. The
24    Department of Agriculture may prescribe such forms as are
25    necessary to determine the eligibility of such horses. The
26    Department of Agriculture may assess and collect

 

 

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1    application fees for the registration of Illinois-eligible
2    foals. All fees collected are to be paid into the Illinois
3    Thoroughbred Breeders Fund. No person shall knowingly
4    prepare or cause preparation of an application for
5    registration of such foals containing false information.
6    (m) The Department of Agriculture, with the advice and
7assistance of the Illinois Thoroughbred Breeders Fund Advisory
8Board, shall provide that certain races limited to Illinois
9conceived and foaled and Illinois foaled horses be stakes races
10and determine the total amount of stakes and awards to be paid
11to the owners of the winning horses in such races.
12    In determining the stakes races and the amount of awards
13for such races, the Department of Agriculture shall consider
14factors, including but not limited to, the amount of money
15appropriated for the Illinois Thoroughbred Breeders Fund
16program, organization licensees' contributions, availability
17of stakes caliber horses as demonstrated by past performances,
18whether the race can be coordinated into the proposed racing
19dates within organization licensees' racing dates, opportunity
20for colts and fillies and various age groups to race, public
21wagering on such races, and the previous racing schedule.
22    (n) The Board and the organizational licensee shall notify
23the Department of the conditions and minimum purses for races
24limited to Illinois conceived and foaled and Illinois foaled
25horses conducted for each organizational licensee conducting a
26thoroughbred racing meeting. The Department of Agriculture

 

 

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1with the advice and assistance of the Illinois Thoroughbred
2Breeders Fund Advisory Board may allocate monies for purse
3supplements for such races. In determining whether to allocate
4money and the amount, the Department of Agriculture shall
5consider factors, including but not limited to, the amount of
6money appropriated for the Illinois Thoroughbred Breeders Fund
7program, the number of races that may occur, and the
8organizational licensee's purse structure.
9    (o) (Blank). In order to improve the breeding quality of
10thoroughbred horses in the State, the General Assembly
11recognizes that existing provisions of this Section to
12encourage such quality breeding need to be revised and
13strengthened. As such, a Thoroughbred Breeder's Program Task
14Force is to be appointed by the Governor by September 1, 1999
15to make recommendations to the General Assembly by no later
16than March 1, 2000. This task force is to be composed of 2
17representatives from the Illinois Thoroughbred Breeders and
18Owners Foundation, 2 from the Illinois Thoroughbred Horsemen's
19Association, 3 from Illinois race tracks operating
20thoroughbred race meets for an average of at least 30 days in
21the past 3 years, the Director of Agriculture, the Executive
22Director of the Racing Board, who shall serve as Chairman.
23(Source: P.A. 91-40, eff. 6-25-99.)
 
24    Section 105. The Liquor Control Act of 1934 is amended by
25changing Section 6-15 as follows:
 

 

 

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1    (235 ILCS 5/6-15)  (from Ch. 43, par. 130)
2    Sec. 6-15. No alcoholic liquors shall be sold or delivered
3in any building belonging to or under the control of the State
4or any political subdivision thereof except as provided in this
5Act. The corporate authorities of any city, village,
6incorporated town, township, or county may provide by
7ordinance, however, that alcoholic liquor may be sold or
8delivered in any specifically designated building belonging to
9or under the control of the municipality, township, or county,
10or in any building located on land under the control of the
11municipality, township, or county; provided that such township
12or county complies with all applicable local ordinances in any
13incorporated area of the township or county. Alcoholic liquor
14may be delivered to and sold under the authority of a special
15use permit on any property owned by a conservation district
16organized under the Conservation District Act, provided that
17(i) the alcoholic liquor is sold only at an event authorized by
18the governing board of the conservation district, (ii) the
19issuance of the special use permit is authorized by the local
20liquor control commissioner of the territory in which the
21property is located, and (iii) the special use permit
22authorizes the sale of alcoholic liquor for one day or less.
23Alcoholic liquors may be delivered to and sold at any airport
24belonging to or under the control of a municipality of more
25than 25,000 inhabitants, or in any building or on any golf

 

 

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1course owned by a park district organized under the Park
2District Code, subject to the approval of the governing board
3of the district, or in any building or on any golf course owned
4by a forest preserve district organized under the Downstate
5Forest Preserve District Act, subject to the approval of the
6governing board of the district, or on the grounds within 500
7feet of any building owned by a forest preserve district
8organized under the Downstate Forest Preserve District Act
9during times when food is dispensed for consumption within 500
10feet of the building from which the food is dispensed, subject
11to the approval of the governing board of the district, or in a
12building owned by a Local Mass Transit District organized under
13the Local Mass Transit District Act, subject to the approval of
14the governing Board of the District, or in Bicentennial Park,
15or on the premises of the City of Mendota Lake Park located
16adjacent to Route 51 in Mendota, Illinois, or on the premises
17of Camden Park in Milan, Illinois, or in the community center
18owned by the City of Loves Park that is located at 1000 River
19Park Drive in Loves Park, Illinois, or, in connection with the
20operation of an established food serving facility during times
21when food is dispensed for consumption on the premises, and at
22the following aquarium and museums located in public parks: Art
23Institute of Chicago, Chicago Academy of Sciences, Chicago
24Historical Society, Field Museum of Natural History, Museum of
25Science and Industry, DuSable Museum of African American
26History, John G. Shedd Aquarium and Adler Planetarium, or at

 

 

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1Lakeview Museum of Arts and Sciences in Peoria, or in
2connection with the operation of the facilities of the Chicago
3Zoological Society or the Chicago Horticultural Society on land
4owned by the Forest Preserve District of Cook County, or on any
5land used for a golf course or for recreational purposes owned
6by the Forest Preserve District of Cook County, subject to the
7control of the Forest Preserve District Board of Commissioners
8and applicable local law, provided that dram shop liability
9insurance is provided at maximum coverage limits so as to hold
10the District harmless from all financial loss, damage, and
11harm, or in any building located on land owned by the Chicago
12Park District if approved by the Park District Commissioners,
13or on any land used for a golf course or for recreational
14purposes and owned by the Illinois International Port District
15if approved by the District's governing board, or at any
16airport, golf course, faculty center, or facility in which
17conference and convention type activities take place belonging
18to or under control of any State university or public community
19college district, provided that with respect to a facility for
20conference and convention type activities alcoholic liquors
21shall be limited to the use of the convention or conference
22participants or participants in cultural, political or
23educational activities held in such facilities, and provided
24further that the faculty or staff of the State university or a
25public community college district, or members of an
26organization of students, alumni, faculty or staff of the State

 

 

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1university or a public community college district are active
2participants in the conference or convention, or in Memorial
3Stadium on the campus of the University of Illinois at
4Urbana-Champaign during games in which the Chicago Bears
5professional football team is playing in that stadium during
6the renovation of Soldier Field, not more than one and a half
7hours before the start of the game and not after the end of the
8third quarter of the game, or in the Pavilion Facility on the
9campus of the University of Illinois at Chicago during games in
10which the Chicago Storm professional soccer team is playing in
11that facility, not more than one and a half hours before the
12start of the game and not after the end of the third quarter of
13the game, or in the Pavilion Facility on the campus of the
14University of Illinois at Chicago during games in which the
15WNBA professional women's basketball team is playing in that
16facility, not more than one and a half hours before the start
17of the game and not after the 10-minute mark of the second half
18of the game, or by a catering establishment which has rented
19facilities from a board of trustees of a public community
20college district, or in a restaurant that is operated by a
21commercial tenant in the North Campus Parking Deck building
22that (1) is located at 1201 West University Avenue, Urbana,
23Illinois and (2) is owned by the Board of Trustees of the
24University of Illinois, or, if approved by the District board,
25on land owned by the Metropolitan Sanitary District of Greater
26Chicago and leased to others for a term of at least 20 years.

 

 

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1Nothing in this Section precludes the sale or delivery of
2alcoholic liquor in the form of original packaged goods in
3premises located at 500 S. Racine in Chicago belonging to the
4University of Illinois and used primarily as a grocery store by
5a commercial tenant during the term of a lease that predates
6the University's acquisition of the premises; but the
7University shall have no power or authority to renew, transfer,
8or extend the lease with terms allowing the sale of alcoholic
9liquor; and the sale of alcoholic liquor shall be subject to
10all local laws and regulations. After the acquisition by
11Winnebago County of the property located at 404 Elm Street in
12Rockford, a commercial tenant who sold alcoholic liquor at
13retail on a portion of the property under a valid license at
14the time of the acquisition may continue to do so for so long
15as the tenant and the County may agree under existing or future
16leases, subject to all local laws and regulations regarding the
17sale of alcoholic liquor. Alcoholic liquors may be delivered to
18and sold at Memorial Hall, located at 211 North Main Street,
19Rockford, under conditions approved by Winnebago County and
20subject to all local laws and regulations regarding the sale of
21alcoholic liquor. Each facility shall provide dram shop
22liability in maximum insurance coverage limits so as to save
23harmless the State, municipality, State university, airport,
24golf course, faculty center, facility in which conference and
25convention type activities take place, park district, Forest
26Preserve District, public community college district,

 

 

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1aquarium, museum, or sanitary district from all financial loss,
2damage or harm. Alcoholic liquors may be sold at retail in
3buildings of golf courses owned by municipalities or Illinois
4State University in connection with the operation of an
5established food serving facility during times when food is
6dispensed for consumption upon the premises. Alcoholic liquors
7may be delivered to and sold at retail in any building owned by
8a fire protection district organized under the Fire Protection
9District Act, provided that such delivery and sale is approved
10by the board of trustees of the district, and provided further
11that such delivery and sale is limited to fundraising events
12and to a maximum of 6 events per year. However, the limitation
13to fundraising events and to a maximum of 6 events per year
14does not apply to the delivery, sale, or manufacture of
15alcoholic liquors at the building located at 59 Main Street in
16Oswego, Illinois, owned by the Oswego Fire Protection District
17if the alcoholic liquor is sold or dispensed as approved by the
18Oswego Fire Protection District and the property is no longer
19being utilized for fire protection purposes.
20    Alcoholic liquors may be served or sold in buildings under
21the control of the Board of Trustees of the University of
22Illinois for events that the Board may determine are public
23events and not related student activities. The Board of
24Trustees shall issue a written policy within 6 months of the
25effective date of this amendatory Act of the 95th General
26Assembly concerning the types of events that would be eligible

 

 

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1for an exemption. Thereafter, the Board of Trustees may issue
2revised, updated, new, or amended policies as it deems
3necessary and appropriate. In preparing its written policy, the
4Board of Trustees shall, among other factors it considers
5relevant and important, give consideration to the following:
6(i) whether the event is a student activity or student related
7activity; (ii) whether the physical setting of the event is
8conducive to control of liquor sales and distribution; (iii)
9the ability of the event operator to ensure that the sale or
10serving of alcoholic liquors and the demeanor of the
11participants are in accordance with State law and University
12policies; (iv) regarding the anticipated attendees at the
13event, the relative proportion of individuals under the age of
1421 to individuals age 21 or older; (v) the ability of the venue
15operator to prevent the sale or distribution of alcoholic
16liquors to individuals under the age of 21; (vi) whether the
17event prohibits participants from removing alcoholic beverages
18from the venue; and (vii) whether the event prohibits
19participants from providing their own alcoholic liquors to the
20venue. In addition, any policy submitted by the Board of
21Trustees to the Illinois Liquor Control Commission must require
22that any event at which alcoholic liquors are served or sold in
23buildings under the control of the Board of Trustees shall
24require the prior written approval of the Office of the
25Chancellor for the University campus where the event is
26located. The Board of Trustees shall submit its policy, and any

 

 

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1subsequently revised, updated, new, or amended policies, to the
2Illinois Liquor Control Commission, and any University event,
3or location for an event, exempted under such policies shall
4apply for a license under the applicable Sections of this Act.
5    Alcoholic liquors may be served or sold in buildings under
6the control of the Board of Trustees of Northern Illinois
7University for events that the Board may determine are public
8events and not student-related activities. The Board of
9Trustees shall issue a written policy within 6 months after
10June 28, 2011 (the effective date of Public Act 97-45)
11concerning the types of events that would be eligible for an
12exemption. Thereafter, the Board of Trustees may issue revised,
13updated, new, or amended policies as it deems necessary and
14appropriate. In preparing its written policy, the Board of
15Trustees shall, in addition to other factors it considers
16relevant and important, give consideration to the following:
17(i) whether the event is a student activity or student-related
18activity; (ii) whether the physical setting of the event is
19conducive to control of liquor sales and distribution; (iii)
20the ability of the event operator to ensure that the sale or
21serving of alcoholic liquors and the demeanor of the
22participants are in accordance with State law and University
23policies; (iv) the anticipated attendees at the event and the
24relative proportion of individuals under the age of 21 to
25individuals age 21 or older; (v) the ability of the venue
26operator to prevent the sale or distribution of alcoholic

 

 

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1liquors to individuals under the age of 21; (vi) whether the
2event prohibits participants from removing alcoholic beverages
3from the venue; and (vii) whether the event prohibits
4participants from providing their own alcoholic liquors to the
5venue.
6    Alcoholic liquors may be served or sold in buildings under
7the control of the Board of Trustees of Chicago State
8University for events that the Board may determine are public
9events and not student-related activities. The Board of
10Trustees shall issue a written policy within 6 months after
11August 2, 2013 (the effective date of Public Act 98-132) this
12amendatory Act of the 98th General Assembly concerning the
13types of events that would be eligible for an exemption.
14Thereafter, the Board of Trustees may issue revised, updated,
15new, or amended policies as it deems necessary and appropriate.
16In preparing its written policy, the Board of Trustees shall,
17in addition to other factors it considers relevant and
18important, give consideration to the following: (i) whether the
19event is a student activity or student-related activity; (ii)
20whether the physical setting of the event is conducive to
21control of liquor sales and distribution; (iii) the ability of
22the event operator to ensure that the sale or serving of
23alcoholic liquors and the demeanor of the participants are in
24accordance with State law and University policies; (iv) the
25anticipated attendees at the event and the relative proportion
26of individuals under the age of 21 to individuals age 21 or

 

 

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1older; (v) the ability of the venue operator to prevent the
2sale or distribution of alcoholic liquors to individuals under
3the age of 21; (vi) whether the event prohibits participants
4from removing alcoholic beverages from the venue; and (vii)
5whether the event prohibits participants from providing their
6own alcoholic liquors to the venue.
7    Alcoholic liquors may be served or sold in buildings under
8the control of the Board of Trustees of Illinois State
9University for events that the Board may determine are public
10events and not student-related activities. The Board of
11Trustees shall issue a written policy within 6 months after the
12effective date of this amendatory Act of the 97th General
13Assembly concerning the types of events that would be eligible
14for an exemption. Thereafter, the Board of Trustees may issue
15revised, updated, new, or amended policies as it deems
16necessary and appropriate. In preparing its written policy, the
17Board of Trustees shall, in addition to other factors it
18considers relevant and important, give consideration to the
19following: (i) whether the event is a student activity or
20student-related activity; (ii) whether the physical setting of
21the event is conducive to control of liquor sales and
22distribution; (iii) the ability of the event operator to ensure
23that the sale or serving of alcoholic liquors and the demeanor
24of the participants are in accordance with State law and
25University policies; (iv) the anticipated attendees at the
26event and the relative proportion of individuals under the age

 

 

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1of 21 to individuals age 21 or older; (v) the ability of the
2venue operator to prevent the sale or distribution of alcoholic
3liquors to individuals under the age of 21; (vi) whether the
4event prohibits participants from removing alcoholic beverages
5from the venue; and (vii) whether the event prohibits
6participants from providing their own alcoholic liquors to the
7venue.
8    Alcoholic liquor may be delivered to and sold at retail in
9the Dorchester Senior Business Center owned by the Village of
10Dolton if the alcoholic liquor is sold or dispensed only in
11connection with organized functions for which the planned
12attendance is 20 or more persons, and if the person or facility
13selling or dispensing the alcoholic liquor has provided dram
14shop liability insurance in maximum limits so as to hold
15harmless the Village of Dolton and the State from all financial
16loss, damage and harm.
17    Alcoholic liquors may be delivered to and sold at retail in
18any building used as an Illinois State Armory provided:
19        (i) the Adjutant General's written consent to the
20    issuance of a license to sell alcoholic liquor in such
21    building is filed with the Commission;
22        (ii) the alcoholic liquor is sold or dispensed only in
23    connection with organized functions held on special
24    occasions;
25        (iii) the organized function is one for which the
26    planned attendance is 25 or more persons; and

 

 

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1        (iv) the facility selling or dispensing the alcoholic
2    liquors has provided dram shop liability insurance in
3    maximum limits so as to save harmless the facility and the
4    State from all financial loss, damage or harm.
5    Alcoholic liquors may be delivered to and sold at retail in
6the Chicago Civic Center, provided that:
7        (i) the written consent of the Public Building
8    Commission which administers the Chicago Civic Center is
9    filed with the Commission;
10        (ii) the alcoholic liquor is sold or dispensed only in
11    connection with organized functions held on special
12    occasions;
13        (iii) the organized function is one for which the
14    planned attendance is 25 or more persons;
15        (iv) the facility selling or dispensing the alcoholic
16    liquors has provided dram shop liability insurance in
17    maximum limits so as to hold harmless the Civic Center, the
18    City of Chicago and the State from all financial loss,
19    damage or harm; and
20        (v) all applicable local ordinances are complied with.
21    Alcoholic liquors may be delivered or sold in any building
22belonging to or under the control of any city, village or
23incorporated town where more than 75% of the physical
24properties of the building is used for commercial or
25recreational purposes, and the building is located upon a pier
26extending into or over the waters of a navigable lake or stream

 

 

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1or on the shore of a navigable lake or stream. In accordance
2with a license issued under this Act, alcoholic liquor may be
3sold, served, or delivered in buildings and facilities under
4the control of the Department of Natural Resources during
5events or activities lasting no more than 7 continuous days
6upon the written approval of the Director of Natural Resources
7acting as the controlling government authority. The Director of
8Natural Resources may specify conditions on that approval,
9including but not limited to requirements for insurance and
10hours of operation. Notwithstanding any other provision of this
11Act, alcoholic liquor sold by a United States Army Corps of
12Engineers or Department of Natural Resources concessionaire
13who was operating on June 1, 1991 for on-premises consumption
14only is not subject to the provisions of Articles IV and IX.
15Beer and wine may be sold on the premises of the Joliet Park
16District Stadium owned by the Joliet Park District when written
17consent to the issuance of a license to sell beer and wine in
18such premises is filed with the local liquor commissioner by
19the Joliet Park District. Beer and wine may be sold in
20buildings on the grounds of State veterans' homes when written
21consent to the issuance of a license to sell beer and wine in
22such buildings is filed with the Commission by the Department
23of Veterans' Affairs, and the facility shall provide dram shop
24liability in maximum insurance coverage limits so as to save
25the facility harmless from all financial loss, damage or harm.
26Such liquors may be delivered to and sold at any property owned

 

 

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1or held under lease by a Metropolitan Pier and Exposition
2Authority or Metropolitan Exposition and Auditorium Authority.
3    Beer and wine may be sold and dispensed at professional
4sporting events and at professional concerts and other
5entertainment events conducted on premises owned by the Forest
6Preserve District of Kane County, subject to the control of the
7District Commissioners and applicable local law, provided that
8dram shop liability insurance is provided at maximum coverage
9limits so as to hold the District harmless from all financial
10loss, damage and harm.
11    Nothing in this Section shall preclude the sale or delivery
12of beer and wine at a State or county fair or the sale or
13delivery of beer or wine at a city fair in any otherwise lawful
14manner.
15    Alcoholic liquors may be sold at retail in buildings in
16State parks under the control of the Department of Natural
17Resources, provided:
18        a. the State park has overnight lodging facilities with
19    some restaurant facilities or, not having overnight
20    lodging facilities, has restaurant facilities which serve
21    complete luncheon and dinner or supper meals,
22        b. (blank), and consent to the issuance of a license to
23    sell alcoholic liquors in the buildings has been filed with
24    the commission by the Department of Natural Resources, and
25        c. the alcoholic liquors are sold by the State park
26    lodge or restaurant concessionaire only during the hours

 

 

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1    from 11 o'clock a.m. until 12 o'clock midnight.
2    Notwithstanding any other provision of this Act, alcoholic
3    liquor sold by the State park or restaurant concessionaire
4    is not subject to the provisions of Articles IV and IX.
5    Alcoholic liquors may be sold at retail in buildings on
6properties under the control of the Historic Sites and
7Preservation Division of the Historic Preservation Agency or
8the Abraham Lincoln Presidential Library and Museum provided:
9        a. the property has overnight lodging facilities with
10    some restaurant facilities or, not having overnight
11    lodging facilities, has restaurant facilities which serve
12    complete luncheon and dinner or supper meals,
13        b. consent to the issuance of a license to sell
14    alcoholic liquors in the buildings has been filed with the
15    commission by the Historic Sites and Preservation Division
16    of the Historic Preservation Agency or the Abraham Lincoln
17    Presidential Library and Museum, and
18        c. the alcoholic liquors are sold by the lodge or
19    restaurant concessionaire only during the hours from 11
20    o'clock a.m. until 12 o'clock midnight.
21    The sale of alcoholic liquors pursuant to this Section does
22not authorize the establishment and operation of facilities
23commonly called taverns, saloons, bars, cocktail lounges, and
24the like except as a part of lodge and restaurant facilities in
25State parks or golf courses owned by Forest Preserve Districts
26with a population of less than 3,000,000 or municipalities or

 

 

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1park districts.
2    Alcoholic liquors may be sold at retail in the Springfield
3Administration Building of the Department of Transportation
4and the Illinois State Armory in Springfield; provided, that
5the controlling government authority may consent to such sales
6only if
7        a. the request is from a not-for-profit organization;
8        b. such sales would not impede normal operations of the
9    departments involved;
10        c. the not-for-profit organization provides dram shop
11    liability in maximum insurance coverage limits and agrees
12    to defend, save harmless and indemnify the State of
13    Illinois from all financial loss, damage or harm;
14        d. no such sale shall be made during normal working
15    hours of the State of Illinois; and
16        e. the consent is in writing.
17    Alcoholic liquors may be sold at retail in buildings in
18recreational areas of river conservancy districts under the
19control of, or leased from, the river conservancy districts.
20Such sales are subject to reasonable local regulations as
21provided in Article IV; however, no such regulations may
22prohibit or substantially impair the sale of alcoholic liquors
23on Sundays or Holidays.
24    Alcoholic liquors may be provided in long term care
25facilities owned or operated by a county under Division 5-21 or
265-22 of the Counties Code, when approved by the facility

 

 

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1operator and not in conflict with the regulations of the
2Illinois Department of Public Health, to residents of the
3facility who have had their consumption of the alcoholic
4liquors provided approved in writing by a physician licensed to
5practice medicine in all its branches.
6    Alcoholic liquors may be delivered to and dispensed in
7State housing assigned to employees of the Department of
8Corrections. No person shall furnish or allow to be furnished
9any alcoholic liquors to any prisoner confined in any jail,
10reformatory, prison or house of correction except upon a
11physician's prescription for medicinal purposes.
12    Alcoholic liquors may be sold at retail or dispensed at the
13Willard Ice Building in Springfield, at the State Library in
14Springfield, and at Illinois State Museum facilities by (1) an
15agency of the State, whether legislative, judicial or
16executive, provided that such agency first obtains written
17permission to sell or dispense alcoholic liquors from the
18controlling government authority, or by (2) a not-for-profit
19organization, provided that such organization:
20        a. Obtains written consent from the controlling
21    government authority;
22        b. Sells or dispenses the alcoholic liquors in a manner
23    that does not impair normal operations of State offices
24    located in the building;
25        c. Sells or dispenses alcoholic liquors only in
26    connection with an official activity in the building;

 

 

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1        d. Provides, or its catering service provides, dram
2    shop liability insurance in maximum coverage limits and in
3    which the carrier agrees to defend, save harmless and
4    indemnify the State of Illinois from all financial loss,
5    damage or harm arising out of the selling or dispensing of
6    alcoholic liquors.
7    Nothing in this Act shall prevent a not-for-profit
8organization or agency of the State from employing the services
9of a catering establishment for the selling or dispensing of
10alcoholic liquors at authorized functions.
11    The controlling government authority for the Willard Ice
12Building in Springfield shall be the Director of the Department
13of Revenue. The controlling government authority for Illinois
14State Museum facilities shall be the Director of the Illinois
15State Museum. The controlling government authority for the
16State Library in Springfield shall be the Secretary of State.
17    Alcoholic liquors may be delivered to and sold at retail or
18dispensed at any facility, property or building under the
19jurisdiction of the Historic Sites and Preservation Division of
20the Historic Preservation Agency or the Abraham Lincoln
21Presidential Library and Museum where the delivery, sale or
22dispensing is by (1) an agency of the State, whether
23legislative, judicial or executive, provided that such agency
24first obtains written permission to sell or dispense alcoholic
25liquors from a controlling government authority, or by (2) an
26individual or organization provided that such individual or

 

 

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1organization:
2        a. Obtains written consent from the controlling
3    government authority;
4        b. Sells or dispenses the alcoholic liquors in a manner
5    that does not impair normal workings of State offices or
6    operations located at the facility, property or building;
7        c. Sells or dispenses alcoholic liquors only in
8    connection with an official activity of the individual or
9    organization in the facility, property or building;
10        d. Provides, or its catering service provides, dram
11    shop liability insurance in maximum coverage limits and in
12    which the carrier agrees to defend, save harmless and
13    indemnify the State of Illinois from all financial loss,
14    damage or harm arising out of the selling or dispensing of
15    alcoholic liquors.
16    The controlling government authority for the Historic
17Sites and Preservation Division of the Historic Preservation
18Agency shall be the Director of the Historic Sites and
19Preservation, and the controlling government authority for the
20Abraham Lincoln Presidential Library and Museum shall be the
21Director of the Abraham Lincoln Presidential Library and
22Museum.
23    Alcoholic liquors may be delivered to and sold at retail or
24dispensed for consumption at the Michael Bilandic Building at
25160 North LaSalle Street, Chicago IL 60601, after the normal
26business hours of any day care or child care facility located

 

 

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1in the building, by (1) a commercial tenant or subtenant
2conducting business on the premises under a lease made pursuant
3to Section 405-315 of the Department of Central Management
4Services Law (20 ILCS 405/405-315), provided that such tenant
5or subtenant who accepts delivery of, sells, or dispenses
6alcoholic liquors shall procure and maintain dram shop
7liability insurance in maximum coverage limits and in which the
8carrier agrees to defend, indemnify, and save harmless the
9State of Illinois from all financial loss, damage, or harm
10arising out of the delivery, sale, or dispensing of alcoholic
11liquors, or by (2) an agency of the State, whether legislative,
12judicial, or executive, provided that such agency first obtains
13written permission to accept delivery of and sell or dispense
14alcoholic liquors from the Director of Central Management
15Services, or by (3) a not-for-profit organization, provided
16that such organization:
17        a. obtains written consent from the Department of
18    Central Management Services;
19        b. accepts delivery of and sells or dispenses the
20    alcoholic liquors in a manner that does not impair normal
21    operations of State offices located in the building;
22        c. accepts delivery of and sells or dispenses alcoholic
23    liquors only in connection with an official activity in the
24    building; and
25        d. provides, or its catering service provides, dram
26    shop liability insurance in maximum coverage limits and in

 

 

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1    which the carrier agrees to defend, save harmless, and
2    indemnify the State of Illinois from all financial loss,
3    damage, or harm arising out of the selling or dispensing of
4    alcoholic liquors.
5    Nothing in this Act shall prevent a not-for-profit
6organization or agency of the State from employing the services
7of a catering establishment for the selling or dispensing of
8alcoholic liquors at functions authorized by the Director of
9Central Management Services.
10    Alcoholic liquors may be sold at retail or dispensed at the
11James R. Thompson Center in Chicago, subject to the provisions
12of Section 7.4 of the State Property Control Act, and 222 South
13College Street in Springfield, Illinois by (1) a commercial
14tenant or subtenant conducting business on the premises under a
15lease or sublease made pursuant to Section 405-315 of the
16Department of Central Management Services Law (20 ILCS
17405/405-315), provided that such tenant or subtenant who sells
18or dispenses alcoholic liquors shall procure and maintain dram
19shop liability insurance in maximum coverage limits and in
20which the carrier agrees to defend, indemnify and save harmless
21the State of Illinois from all financial loss, damage or harm
22arising out of the sale or dispensing of alcoholic liquors, or
23by (2) an agency of the State, whether legislative, judicial or
24executive, provided that such agency first obtains written
25permission to sell or dispense alcoholic liquors from the
26Director of Central Management Services, or by (3) a

 

 

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1not-for-profit organization, provided that such organization:
2        a. Obtains written consent from the Department of
3    Central Management Services;
4        b. Sells or dispenses the alcoholic liquors in a manner
5    that does not impair normal operations of State offices
6    located in the building;
7        c. Sells or dispenses alcoholic liquors only in
8    connection with an official activity in the building;
9        d. Provides, or its catering service provides, dram
10    shop liability insurance in maximum coverage limits and in
11    which the carrier agrees to defend, save harmless and
12    indemnify the State of Illinois from all financial loss,
13    damage or harm arising out of the selling or dispensing of
14    alcoholic liquors.
15    Nothing in this Act shall prevent a not-for-profit
16organization or agency of the State from employing the services
17of a catering establishment for the selling or dispensing of
18alcoholic liquors at functions authorized by the Director of
19Central Management Services.
20    Alcoholic liquors may be sold or delivered at any facility
21owned by the Illinois Sports Facilities Authority provided that
22dram shop liability insurance has been made available in a
23form, with such coverage and in such amounts as the Authority
24reasonably determines is necessary.
25    Alcoholic liquors may be sold at retail or dispensed at the
26Rockford State Office Building by (1) an agency of the State,

 

 

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1whether legislative, judicial or executive, provided that such
2agency first obtains written permission to sell or dispense
3alcoholic liquors from the Department of Central Management
4Services, or by (2) a not-for-profit organization, provided
5that such organization:
6        a. Obtains written consent from the Department of
7    Central Management Services;
8        b. Sells or dispenses the alcoholic liquors in a manner
9    that does not impair normal operations of State offices
10    located in the building;
11        c. Sells or dispenses alcoholic liquors only in
12    connection with an official activity in the building;
13        d. Provides, or its catering service provides, dram
14    shop liability insurance in maximum coverage limits and in
15    which the carrier agrees to defend, save harmless and
16    indemnify the State of Illinois from all financial loss,
17    damage or harm arising out of the selling or dispensing of
18    alcoholic liquors.
19    Nothing in this Act shall prevent a not-for-profit
20organization or agency of the State from employing the services
21of a catering establishment for the selling or dispensing of
22alcoholic liquors at functions authorized by the Department of
23Central Management Services.
24    Alcoholic liquors may be sold or delivered in a building
25that is owned by McLean County, situated on land owned by the
26county in the City of Bloomington, and used by the McLean

 

 

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1County Historical Society if the sale or delivery is approved
2by an ordinance adopted by the county board, and the
3municipality in which the building is located may not prohibit
4that sale or delivery, notwithstanding any other provision of
5this Section. The regulation of the sale and delivery of
6alcoholic liquor in a building that is owned by McLean County,
7situated on land owned by the county, and used by the McLean
8County Historical Society as provided in this paragraph is an
9exclusive power and function of the State and is a denial and
10limitation under Article VII, Section 6, subsection (h) of the
11Illinois Constitution of the power of a home rule municipality
12to regulate that sale and delivery.
13    Alcoholic liquors may be sold or delivered in any building
14situated on land held in trust for any school district
15organized under Article 34 of the School Code, if the building
16is not used for school purposes and if the sale or delivery is
17approved by the board of education.
18    Alcoholic liquors may be sold or delivered in buildings
19owned by the Community Building Complex Committee of Boone
20County, Illinois if the person or facility selling or
21dispensing the alcoholic liquor has provided dram shop
22liability insurance with coverage and in amounts that the
23Committee reasonably determines are necessary.
24    Alcoholic liquors may be sold or delivered in the building
25located at 1200 Centerville Avenue in Belleville, Illinois and
26occupied by either the Belleville Area Special Education

 

 

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1District or the Belleville Area Special Services Cooperative.
2    Alcoholic liquors may be delivered to and sold at the Louis
3Joliet Renaissance Center, City Center Campus, located at 214
4N. Ottawa Street, Joliet, and the Food Services/Culinary Arts
5Department facilities, Main Campus, located at 1215 Houbolt
6Road, Joliet, owned by or under the control of Joliet Junior
7College, Illinois Community College District No. 525.
8    Alcoholic liquors may be delivered to and sold at Triton
9College, Illinois Community College District No. 504.
10    Alcoholic liquors may be delivered to and sold at the
11College of DuPage, Illinois Community College District No. 502.
12    Alcoholic liquors may be delivered to and sold at the
13building located at 446 East Hickory Avenue in Apple River,
14Illinois, owned by the Apple River Fire Protection District,
15and occupied by the Apple River Community Association if the
16alcoholic liquor is sold or dispensed only in connection with
17organized functions approved by the Apple River Community
18Association for which the planned attendance is 20 or more
19persons and if the person or facility selling or dispensing the
20alcoholic liquor has provided dram shop liability insurance in
21maximum limits so as to hold harmless the Apple River Fire
22Protection District, the Village of Apple River, and the Apple
23River Community Association from all financial loss, damage,
24and harm.
25    Alcoholic liquors may be delivered to and sold at the Sikia
26Restaurant, Kennedy King College Campus, located at 740 West

 

 

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163rd Street, Chicago, and at the Food Services in the Great
2Hall/Washburne Culinary Institute Department facility, Kennedy
3King College Campus, located at 740 West 63rd Street, Chicago,
4owned by or under the control of City Colleges of Chicago,
5Illinois Community College District No. 508.
6(Source: P.A. 97-33, eff. 6-28-11; 97-45, eff. 6-28-11; 97-51,
7eff. 6-28-11; 97-167, eff. 7-22-11; 97-250, eff. 8-4-11;
897-395, eff. 8-16-11; 97-813, eff. 7-13-12; 97-1166, eff.
93-1-13; 98-132, eff. 8-2-13; 98-201, eff. 8-9-13; revised
109-24-13.)
 
11    (320 ILCS 65/20 rep.)
12    Section 110. The Family Caregiver Act is amended by
13repealing Section 20.
 
14    (410 ILCS 3/10 rep.)
15    Section 115. The Atherosclerosis Prevention Act is amended
16by repealing Section 10.
 
17    (410 ILCS 425/Act rep.)
18    Section 120. The High Blood Pressure Control Act is
19repealed.
 
20    Section 125. The Environmental Protection Act is amended by
21changing Section 22.8 as follows:
 

 

 

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1    (415 ILCS 5/22.8)  (from Ch. 111 1/2, par. 1022.8)
2    Sec. 22.8. Environmental Protection Permit and Inspection
3Fund.
4    (a) There is hereby created in the State Treasury a special
5fund to be known as the Environmental Protection Permit and
6Inspection Fund. All fees collected by the Agency pursuant to
7this Section, Section 9.6, 12.2, 16.1, 22.2 (j)(6)(E)(v)(IV),
856.4, 56.5, 56.6, and subsection (f) of Section 5 of this Act,
9or pursuant to Section 22 of the Public Water Supply Operations
10Act or Section 1011 of the Solid Waste Site Operator
11Certification Law, as well as and funds collected under
12subsection (b.5) of Section 42 of this Act, shall be deposited
13into the Fund. In addition to any monies appropriated from the
14General Revenue Fund, monies in the Fund shall be appropriated
15by the General Assembly to the Agency in amounts deemed
16necessary for manifest, permit, and inspection activities and
17for performing its functions, powers, and duties under the
18Solid Waste Site Operator Certification Law processing
19requests under Section 22.2 (j)(6)(E)(v)(IV).
20    The General Assembly may appropriate monies in the Fund
21deemed necessary for Board regulatory and adjudicatory
22proceedings.
23    (a-5) As soon as practicable after the effective date of
24this amendatory Act of the 98th General Assembly, but no later
25than January 1, 2014, the State Comptroller shall direct and
26the State Treasurer shall transfer all monies in the Industrial

 

 

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1Hygiene Regulatory and Enforcement Fund to the Environmental
2Protection Permit and Inspection Fund to be used in accordance
3with the terms of the Environmental Protection Permit and
4Inspection Fund.
5    (a-6) As soon as practicable after the effective date of
6this amendatory Act of the 98th General Assembly, but no later
7than December 31, 2014, the State Comptroller shall order the
8transfer of, and the State Treasurer shall transfer, all moneys
9in the Hazardous Waste Occupational Licensing Fund into the
10Environmental Protection Permit and Inspection Fund to be used
11in accordance with the terms of the Environmental Protection
12Permit and Inspection Fund.
13    (b) The Agency shall collect from the owner or operator of
14any of the following types of hazardous waste disposal sites or
15management facilities which require a RCRA permit under
16subsection (f) of Section 21 of this Act, or a UIC permit under
17subsection (g) of Section 12 of this Act, an annual fee in the
18amount of:
19        (1) $35,000 ($70,000 beginning in 2004) for a hazardous
20    waste disposal site receiving hazardous waste if the
21    hazardous waste disposal site is located off the site where
22    such waste was produced;
23        (2) $9,000 ($18,000 beginning in 2004) for a hazardous
24    waste disposal site receiving hazardous waste if the
25    hazardous waste disposal site is located on the site where
26    such waste was produced;

 

 

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1        (3) $7,000 ($14,000 beginning in 2004) for a hazardous
2    waste disposal site receiving hazardous waste if the
3    hazardous waste disposal site is an underground injection
4    well;
5        (4) $2,000 ($4,000 beginning in 2004) for a hazardous
6    waste management facility treating hazardous waste by
7    incineration;
8        (5) $1,000 ($2,000 beginning in 2004) for a hazardous
9    waste management facility treating hazardous waste by a
10    method, technique or process other than incineration;
11        (6) $1,000 ($2,000 beginning in 2004) for a hazardous
12    waste management facility storing hazardous waste in a
13    surface impoundment or pile;
14        (7) $250 ($500 beginning in 2004) for a hazardous waste
15    management facility storing hazardous waste other than in a
16    surface impoundment or pile; and
17        (8) Beginning in 2004, $500 for a large quantity
18    hazardous waste generator required to submit an annual or
19    biennial report for hazardous waste generation.
20    (c) Where two or more operational units are located within
21a single hazardous waste disposal site, the Agency shall
22collect from the owner or operator of such site an annual fee
23equal to the highest fee imposed by subsection (b) of this
24Section upon any single operational unit within the site.
25    (d) The fee imposed upon a hazardous waste disposal site
26under this Section shall be the exclusive permit and inspection

 

 

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1fee applicable to hazardous waste disposal at such site,
2provided that nothing in this Section shall be construed to
3diminish or otherwise affect any fee imposed upon the owner or
4operator of a hazardous waste disposal site by Section 22.2.
5    (e) The Agency shall establish procedures, no later than
6December 1, 1984, relating to the collection of the hazardous
7waste disposal site fees authorized by this Section. Such
8procedures shall include, but not be limited to the time and
9manner of payment of fees to the Agency, which shall be
10quarterly, payable at the beginning of each quarter for
11hazardous waste disposal site fees. Annual fees required under
12paragraph (7) of subsection (b) of this Section shall accompany
13the annual report required by Board regulations for the
14calendar year for which the report applies.
15    (f) For purposes of this Section, a hazardous waste
16disposal site consists of one or more of the following
17operational units:
18        (1) a landfill receiving hazardous waste for disposal;
19        (2) a waste pile or surface impoundment, receiving
20    hazardous waste, in which residues which exhibit any of the
21    characteristics of hazardous waste pursuant to Board
22    regulations are reasonably expected to remain after
23    closure;
24        (3) a land treatment facility receiving hazardous
25    waste; or
26        (4) a well injecting hazardous waste.

 

 

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1    (g) The Agency shall assess a fee for each manifest
2provided by the Agency. For manifests provided on or after
3January 1, 1989 but before July 1, 2003, the fee shall be $1
4per manifest. For manifests provided on or after July 1, 2003,
5the fee shall be $3 per manifest.
6(Source: P.A. 98-78, eff. 7-15-13.)
 
7    Section 130. The Illinois Pesticide Act is amended by
8changing Sections 19.3 and 22.2 as follows:
 
9    (415 ILCS 60/19.3)
10    Sec. 19.3. Agrichemical Facility Response Action Program.
11    (a) It is the policy of the State of Illinois that an
12Agrichemical Facility Response Action Program be implemented
13to reduce potential agrichemical pollution and minimize
14environmental degradation risk potential at these sites. In
15this Section, "agrichemical facility" means a site where
16agrichemicals are stored or handled, or both, in preparation
17for end use. "Agrichemical facility" does not include basic
18manufacturing or central distribution sites utilized only for
19wholesale purposes. As used in this Section, "agrichemical"
20means pesticides or commercial fertilizers at an agrichemical
21facility.
22    The program shall provide guidance for assessing the threat
23of soil agrichemical contaminants to groundwater and
24recommending which sites need to establish a voluntary

 

 

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1corrective action program.
2    The program shall establish appropriate site-specific soil
3cleanup objectives, which shall be based on the potential for
4the agrichemical contaminants to move from the soil to
5groundwater and the potential of the specific soil agrichemical
6contaminants to cause an exceedence of a Class I or Class III
7groundwater quality standard or a health advisory level. The
8Department shall use the information found and procedures
9developed in the Agrichemical Facility Site Contamination
10Study or other appropriate physical evidence to establish the
11soil agrichemical contaminant levels of concern to groundwater
12in the various hydrological settings to establish
13site-specific cleanup objectives.
14    No remediation of a site may be recommended unless (i) the
15agrichemical contamination level in the soil exceeds the
16site-specific cleanup objectives or (ii) the agrichemical
17contaminant level in the soil exceeds levels where physical
18evidence and risk evaluation indicates probability of the site
19causing an exceedence of a groundwater quality standard.
20    When a remediation plan must be carried out over a number
21of years due to limited financial resources of the owner or
22operator of the agrichemical facility, those soil agrichemical
23contaminated areas that have the greatest potential to
24adversely impact vulnerable Class I groundwater aquifers and
25adjacent potable water wells shall receive the highest priority
26rating and be remediated first.

 

 

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1    (b) (Blank). The Agrichemical Facility Response Action
2Program Board ("the Board") is created. The Board members shall
3consist of the following:
4        (1) The Director or the Director's designee.
5        (2) One member who represents pesticide manufacturers.
6        (3) Two members who represent retail agrichemical
7    dealers.
8        (4) One member who represents agrichemical
9    distributors.
10        (5) One member who represents active farmers.
11        (6) One member at large.
12    The public members of the Board shall be appointed by the
13Governor for terms of 2 years. Those persons on the Board who
14represent pesticide manufacturers, agrichemical dealers,
15agrichemical distributors, and farmers shall be selected from
16recommendations made by the associations whose membership
17reflects those specific areas of interest. The members of the
18Board shall be appointed within 90 days after the effective
19date of this amendatory Act of 1995. Vacancies on the Board
20shall be filled within 30 days. The Board may fill any
21membership position vacant for a period exceeding 30 days.
22    The members of the Board shall be paid no compensation, but
23shall be reimbursed for their expenses incurred in performing
24their duties. If a civil proceeding is commenced against a
25Board member arising out of an act or omission occurring within
26the scope of the Board member's performance of his or her

 

 

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1duties under this Section, the State, as provided by rule,
2shall indemnify the Board member for any damages awarded and
3court costs and attorney's fees assessed as part of a final and
4unreversed judgement, or shall pay the judgment, unless the
5court or jury finds that the conduct or inaction that gave rise
6to the claim or cause of action was intentional, wilful or
7wanton misconduct and was not intended to serve or benefit
8interests of the State.
9    The chairperson of the Board shall be selected by the Board
10from among the public members.
11    (c) (Blank). The Board has the authority to do the
12following:
13        (1) Cooperate with the Department and review and
14    approve an agrichemical facility remediation program as
15    outlined in the handbook or manual as set forth in
16    subdivision (d)(8) of this Section.
17        (2) Review and give final approval to each agrichemical
18    facility corrective action plan.
19        (3) Approve any changes to an agrichemical facility's
20    corrective action plan that may be necessary.
21        (4) Upon completion of the corrective action plan,
22    recommend to the Department that the site-specific cleanup
23    objectives have been met and that a notice of closure be
24    issued by the Department stating that no further remedial
25    action is required to remedy the past agrichemical
26    contamination.

 

 

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1        (5) When a soil agrichemical contaminant assessment
2    confirms that remedial action is not required in accordance
3    with the Agrichemical Facility Response Action Program,
4    recommend that a notice of closure be issued by the
5    Department stating that no further remedial action is
6    required to remedy the past agrichemical contamination.
7        (6) Periodically review the Department's
8    administration of the Agrichemical Incident Response Trust
9    Fund and actions taken with respect to the Fund. The Board
10    shall also provide advice to the Interagency Committee on
11    Pesticides regarding the proper handling of agrichemical
12    incidents at agrichemical facilities in Illinois.
13    (d) The Director has the authority to do the following:
14        (1) When requested by the owner or operator of an
15    agrichemical facility, may investigate the agrichemical
16    facility site contamination.
17        (2) After completion of the investigation under item
18    subdivision (d)(1) of this subsection Section, recommend
19    to the owner or operator of an agrichemical facility that a
20    voluntary assessment be made of the soil agrichemical
21    contaminant when there is evidence that the evaluation of
22    risk indicates that groundwater could be adversely
23    impacted.
24        (3) Review and make recommendations on any corrective
25    action plan submitted by the owner or operator of an
26    agrichemical facility to the Board for final approval.

 

 

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1        (4) On approval by the Director Board, issue an order
2    to the owner or operator of an agrichemical facility that
3    has filed a voluntary corrective action plan that the owner
4    or operator may proceed with that plan.
5        (5) Provide remedial project oversight and , monitor
6    remedial work progress, and report to the Board on the
7    status of remediation projects.
8        (6) Provide staff to support program the activities of
9    the Board.
10        (7) (Blank). Take appropriate action on the Board's
11    recommendations regarding policy needed to carry out the
12    Board's responsibilities under this Section.
13        (8) Incorporate In cooperation with the Board,
14    incorporate the following into a handbook or manual: the
15    procedures for site assessment; pesticide constituents of
16    concern and associated parameters; guidance on remediation
17    techniques, land application, and corrective action plans;
18    and other information or instructions that the Department
19    may find necessary.
20        (9) Coordinate preventive response actions at
21    agrichemical facilities pursuant to the Groundwater
22    Quality Standards adopted pursuant to Section 8 of the
23    Illinois Groundwater Protection Act to mitigate resource
24    groundwater impairment.
25    Upon completion of the corrective action plan and upon
26recommendation of the Board, the Department shall issue a

 

 

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1notice of closure stating that site-specific cleanup
2objectives have been met and no further remedial action is
3required to remedy the past agrichemical contamination.
4    When a soil agrichemical contaminant assessment confirms
5that remedial action is not required in accordance with the
6Agrichemical Facility Response Action Program and upon the
7recommendation of the Board, a notice of closure shall be
8issued by the Department stating that no further remedial
9action is required to remedy the past agrichemical
10contamination.
11    (e) Upon receipt of notification of an agrichemical
12contaminant in groundwater pursuant to the Groundwater Quality
13Standards, the Department shall evaluate the severity of the
14agrichemical contamination and shall submit to the
15Environmental Protection Agency an informational notice
16characterizing it as follows:
17        (1) An agrichemical contaminant in Class I or Class III
18    groundwater has exceeded the levels of a standard adopted
19    pursuant to the Illinois Groundwater Protection Act or a
20    health advisory established by the Illinois Environmental
21    Protection Agency or the United States Environmental
22    Protection Agency; or
23        (2) An agrichemical has been detected at a level that
24    requires preventive notification pursuant to a standard
25    adopted pursuant to the Illinois Groundwater Protection
26    Act.

 

 

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1    (f) When agrichemical contamination is characterized as in
2subsection subdivision (e)(1) of this Section, a facility may
3elect to participate in the Agrichemical Facility Response
4Action Program. In these instances, the scope of the corrective
5action plans developed, approved, and completed under this
6program shall be limited to the soil agrichemical contamination
7present at the site unless implementation of the plan is
8coordinated with the Illinois Environmental Protection Agency
9as follows:
10        (1) Upon receipt of notice of intent to include
11    groundwater in an action by a facility, the Department
12    shall also notify the Illinois Environmental Protection
13    Agency.
14        (2) Upon receipt of the corrective action plan, the
15    Department shall coordinate a joint review of the plan with
16    the Illinois Environmental Protection Agency.
17        (3) The Illinois Environmental Protection Agency may
18    provide a written endorsement of the corrective action
19    plan.
20        (4) The Illinois Environmental Protection Agency may
21    approve a groundwater management zone for a period of 5
22    years after the implementation of the corrective action
23    plan to allow for groundwater impairment mitigation
24    results.
25        (5) (Blank). The Department, in cooperation with the
26    Illinois Environmental Protection Agency, shall recommend

 

 

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1    a proposed corrective action plan to the Board for final
2    approval to proceed with remediation. The recommendation
3    shall be based on the joint review conducted under
4    subdivision (f)(2) of this Section and the status of any
5    endorsement issued under subdivision (f)(3) of this
6    Section.
7        (6) The Department, in cooperation with the Illinois
8    Environmental Protection Agency, shall provide remedial
9    project oversight, monitor remedial work progress, and
10    report to the Board on the status of the remediation
11    project.
12        (7) The Department shall, upon completion of the
13    corrective action plan and recommendation of the Board,
14    issue a notice of closure stating that no further remedial
15    action is required to remedy the past agrichemical
16    contamination.
17    (g) When an owner or operator of an agrichemical facility
18initiates a soil contamination assessment on the owner's or
19operator's own volition and independent of any requirement
20under this Section 19.3, information contained in that
21assessment may be held as confidential information by the owner
22or operator of the facility.
23    (h) Except as otherwise provided by Department rule, on and
24after the effective date of this amendatory Act of the 98th
25General Assembly, any Agrichemical Facility Response Action
26Program requirement that may be satisfied by an industrial

 

 

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1hygienist licensed pursuant to the Industrial Hygienists
2Licensure Act repealed in this amendatory Act may be satisfied
3by a Certified Industrial Hygienist certified by the American
4Board of Industrial Hygiene.
5(Source: P.A. 98-78, eff. 7-15-13.)
 
6    (415 ILCS 60/22.2)  (from Ch. 5, par. 822.2)
7    Sec. 22.2. (a) There is hereby created a trust fund in the
8State Treasury to be known as the Agrichemical Incident
9Response Trust Fund. Any funds received by the Director of
10Agriculture from the mandates of Section 13.1 shall be
11deposited with the Treasurer as ex-officio custodian and held
12separate and apart from any public money of this State, with
13accruing interest on the trust funds deposited into the trust
14fund. Disbursement from the fund for purposes as set forth in
15this Section shall be by voucher ordered by the Director and
16paid by a warrant drawn by the State Comptroller and
17countersigned by the State Treasurer. The Director shall order
18disbursements from the Agrichemical Incident Response Trust
19Fund only for payment of the expenses authorized by this Act.
20Monies in this trust fund shall not be subject to appropriation
21by the General Assembly but shall be subject to audit by the
22Auditor General. Should the program be terminated, all
23unobligated funds in the trust fund shall be transferred to a
24trust fund to be used for purposes as originally intended or be
25transferred to the Pesticide Control Fund. Interest earned on

 

 

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1the Fund shall be deposited in the Fund. Monies in the Fund may
2be used by the Department of Agriculture for the following
3purposes:
4        (1) for payment of costs of response action incurred by
5    owners or operators of agrichemical facilities as provided
6    in Section 22.3 of this Act;
7        (2) for the Department to take emergency action in
8    response to a release of agricultural pesticides from an
9    agrichemical facility that has created an imminent threat
10    to public health or the environment;
11        (3) for the costs of administering its activities
12    relative to the Fund as delineated in subsections (b) and
13    (c) of this Section; and
14        (4) for the Department to:
15            (A) (blank); and reimburse members of the
16        Agrichemical Facility Response Action Program Board
17        for their expenses incurred in performing their duties
18        as defined under Section 19.3 of this Act; and
19            (B) administer provide staff to support the
20        activities of the Agrichemical Facility Response
21        Action Program Board.
22        The total annual expenditures from the Fund for these
23    purposes under this paragraph (4) shall not be more than
24    $120,000, and no expenditure from the Fund for these
25    purposes shall be made when the Fund balance becomes less
26    than $750,000.

 

 

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1    (b) The action undertaken shall be such as may be necessary
2or appropriate to protect human health or the environment.
3    (c) The Director of Agriculture is authorized to enter into
4contracts and agreements as may be necessary to carry out the
5Department's duties under this Section.
6    (d) Neither the State, the Director, nor any State employee
7shall be liable for any damages or injury arising out of or
8resulting from any action taken under this Section.
9    (e) (Blank). On a quarterly basis, the Department shall
10advise and consult with the Agrichemical Facility Response
11Action Program Board as to the Department's administration of
12the Fund.
13(Source: P.A. 89-94, eff. 7-6-95.)
 
14    Section 135. The Hazardous Material Emergency Response
15Reimbursement Act is amended by changing Sections 3, 4, and 5
16as follows:
 
17    (430 ILCS 55/3)  (from Ch. 127 1/2, par. 1003)
18    Sec. 3. Definitions. As used in this Act:
19    (a) "Emergency action" means any action taken at or near
20the scene of a hazardous materials emergency incident to
21prevent or minimize harm to human health, to property, or to
22the environments from the unintentional release of a hazardous
23material.
24    (b) "Emergency response agency" means a unit of local

 

 

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1government, volunteer fire protection organization, or the
2American Red Cross that provides:
3        (1) firefighting services;
4        (2) emergency rescue services;
5        (3) emergency medical services;
6        (4) hazardous materials response teams;
7        (5) civil defense;
8        (6) technical rescue teams; or
9        (7) mass care or assistance to displaced persons.
10    (c) "Responsible party" means a person who:
11        (1) owns or has custody of hazardous material that is
12    involved in an incident requiring emergency action by an
13    emergency response agency; or
14        (2) owns or has custody of bulk or non-bulk packaging
15    or a transport vehicle that contains hazardous material
16    that is involved in an incident requiring emergency action
17    by an emergency response agency; and
18        (3) who causes or substantially contributed to the
19    cause of the incident.
20    (d) "Person" means an individual, a corporation, a
21partnership, an unincorporated association, or any unit of
22federal, State or local government.
23    (e) "Annual budget" means the cost to operate an emergency
24response agency excluding personnel costs, which include
25salary, benefits and training expenses; and costs to acquire
26capital equipment including buildings, vehicles and other such

 

 

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1major capital cost items.
2    (f) "Hazardous material" means a substance or material in a
3quantity and form determined by the United States Department of
4Transportation to be capable of posing an unreasonable risk to
5health and safety or property when transported in commerce.
6    (g) "Fund" means the Fire Prevention Fund "Panel" means
7administrative panel.
8(Source: P.A. 93-159, eff. 1-1-04; 94-96, eff. 1-1-06.)
 
9    (430 ILCS 55/4)  (from Ch. 127 1/2, par. 1004)
10    Sec. 4. Establishment. The Emergency Response
11Reimbursement Fund in the State Treasury, hereinafter called
12the Fund, is hereby created. Appropriations shall be made from
13the general revenue fund to the Fund. Monies in the Fund shall
14be used as provided in this Act.
15    The Emergency Response Reimbursement Fund is dissolved as
16of the effective date of this amendatory Act of the 98th
17General Assembly. Any moneys remaining in the fund shall be
18transferred to the Fire Prevention Fund.
19(Source: P.A. 86-972.)
 
20    (430 ILCS 55/5)  (from Ch. 127 1/2, par. 1005)
21    Sec. 5. Reimbursement to agencies.
22    (a) It shall be the duty of the responsible party to
23reimburse, within 60 days after the receipt of a bill for the
24hazardous material emergency incident, the emergency response

 

 

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1agencies responding to a hazardous material emergency
2incident, and any private contractor responding to the incident
3at the request of an emergency response agency, for the costs
4incurred in the course of providing emergency action.
5    (b) In the event that the emergency response agencies are
6not reimbursed by a responsible party as required under
7subsection (a), monies in the Fund, subject to appropriation,
8shall be used to reimburse the emergency response agencies
9providing emergency action at or near the scene of a hazardous
10materials emergency incident subject to the following
11limitations:
12        (1) Cost recovery from the Fund is limited to
13    replacement of expended materials including, but not
14    limited to, specialized firefighting foam, damaged hose or
15    other reasonable and necessary supplies.
16        (2) The applicable cost of supplies must exceed 2% of
17    the emergency response agency's annual budget.
18        (3) A minimum of $500 must have been expended.
19        (4) A maximum of $10,000 may be requested per incident.
20        (5) The response was made to an incident involving
21    hazardous materials facilities such as rolling stock which
22    are not in a terminal and which are not included on the
23    property tax roles for the jurisdiction where the incident
24    occurred.
25    (c) Application for reimbursement from the Fund shall be
26made to the State Fire Marshal or his designee. The State Fire

 

 

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1Marshal shall, through rulemaking, promulgate a standard form
2for such application. The State Fire Marshal shall adopt rules
3for the administration of this Act.
4    (d) Claims against the Fund shall be reviewed by the
5Illinois Fire Advisory Commission at its normally scheduled
6meetings, as the claims are received. The Commission shall be
7responsible for:
8        (1) reviewing claims made against the Fund and
9    determining reasonable and necessary expenses to be
10    reimbursed for an emergency response agency:
11        (2) affirming that the emergency response agency has
12    made a reasonable effort to recover expended costs from
13    involved parties; and
14        (3) advising the State Fire Marshal as to those claims
15    against the Fund which merit reimbursement.
16    (e) The State Fire Marshal shall either accept or reject
17the Commission's recommendations as to a claim's eligibility.
18The eligibility decision of the State Fire Marshal shall be a
19final administrative decision, and may be reviewed as provided
20under the Administrative Review Law.
21(Source: P.A. 93-989, eff. 1-1-05.)
 
22    (430 ILCS 55/7 rep.)
23    Section 140. The Hazardous Material Emergency Response
24Reimbursement Act is amended by repealing Section 7.
 

 

 

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1    (510 ILCS 15/1 rep.)
2    Section 145. The Animal Gastroenteritis Act is amended by
3repealing Section 1.
 
4    Section 150. The Illinois Pseudorabies Control Act is
5amended by changing Section 5.1 as follows:
 
6    (510 ILCS 90/5.1)  (from Ch. 8, par. 805.1)
7    Sec. 5.1. Pseudorabies Advisory Committee. Upon the
8detection of pseudorabies within the State, the The Director of
9Agriculture is authorized to establish within the Department an
10advisory committee to be known as the Pseudorabies Advisory
11Committee. The Committee Such committee shall consist of, but
12not be limited to, representatives of swine producers, general
13swine organizations within the State, licensed veterinarians,
14general farm organizations, auction markets, the packing
15industry and the University of Illinois. Members of the
16Committee shall only be appointed and meet during the timeframe
17of the detection. The Director shall, from time to time,
18consult with the Pseudorabies Advisory Committee on changes in
19the pseudorabies control program.
20    The Director shall appoint a Technical Committee from the
21membership of the Pseudorabies Advisory Committee, which shall
22be comprised of a veterinarian, a swine extension specialist,
23and a pork producer. This committee shall serve as resource
24persons for the technical aspects of the herd plans and may

 

 

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1advise the Department on procedures to be followed, timetables
2for accomplishing the elimination of infection, assist in
3obtaining cooperation from swine herd owners, and recommend
4adjustments in the approved herd plan as necessary.
5    These Committee members shall be entitled to reimbursement
6of all necessary and actual expenses incurred in the
7performance of their duties.
8(Source: P.A. 89-154, eff. 7-19-95.)
 
9    (525 ILCS 25/10 rep.)
10    Section 155. The Illinois Lake Management Program Act is
11amended by repealing Section 10.
 
12    (815 ILCS 325/6 rep.)
13    Section 160. The Recyclable Metal Purchase Registration
14Law is amended by repealing Section 6.
 
15    Section 995. Illinois Compiled Statutes reassignment.
16    The Legislative Reference Bureau shall reassign the
17following Act to the specified location in the Illinois
18Compiled Statutes and file appropriate documents with the Index
19Division of the Office of the Secretary of State in accordance
20with subsection (c) of Section 5.04 of the Legislative
21Reference Bureau Act:
22        Illinois Commission on Volunteerism and Community
23    Service Act, reassigned from 20 ILCS 710/ to 20 ILCS 2330/.
 

 

 

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1    Section 999. Effective date. This Act takes effect upon
2becoming law, except that Section 60 takes effect January 1,
32015.