093_SB1903enr

 
SB1903 Enrolled                      LRB093 08682 RCE 08912 b

 1        AN ACT concerning the State budget.

 2        Be it  enacted  by  the  People  of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4                              ARTICLE 1

 5        Section 1-1. Short title. This Act may be  cited  as  the
 6    FY2004 Budget Implementation (State Finance-Revenues) Act.

 7        Section  1-5.  Purpose.  It is the purpose of this Act to
 8    make changes relating  to  State  Finance-Revenues  that  are
 9    necessary to implement the State's FY2004 budget.

10                             ARTICLE 50

11        Section  50-5.  The  State  Finance  Act  is  amended  by
12    changing  Sections  6p-2  and  8g  and adding Sections 5.595,
13    8.42, 8h, and 8j as follows:

14        (30 ILCS 105/5.595 new)
15        Sec. 5.595.  The Emergency Public Health Fund.

16        (30 ILCS 105/6p-2) (from Ch. 127, par. 142p2)
17        Sec. 6p-2.  The Communications Revolving  Fund  shall  be
18    initially  financed  by  a transfer of funds from the General
19    Revenue Fund. Thereafter, all fees and other monies  received
20    by  the  Department of Central Management Services in payment
21    for  communications  services  rendered   pursuant   to   the
22    Department  of  Central  Management  Services  Law or sale of
23    surplus State communications equipment shall be paid into the
24    Communications Revolving Fund. Except as  otherwise  provided
25    in  this Section, the money in this fund shall be used by the
26    Department of Central Management  Services  as  reimbursement
 
SB1903 Enrolled            -2-       LRB093 08682 RCE 08912 b
 1    for  expenditures  incurred  in  relation  to  communications
 2    services.
 3        On  the effective date of this amendatory Act of the 93rd
 4    General Assembly, or as soon as practicable  thereafter,  the
 5    State  Comptroller  shall  order  transferred  and  the State
 6    Treasurer shall transfer $3,000,000 from  the  Communications
 7    Revolving Fund to the Emergency Public Health Fund to be used
 8    for   the   purposes   specified  in  Section  55.6a  of  the
 9    Environmental Protection Act.
10    (Source: P.A. 91-239, eff. 1-1-00; 92-316, eff. 8-9-01.)

11        (30 ILCS 105/8.42 new)
12        Sec. 8.42. Interfund transfers. In order to  address  the
13    fiscal  emergency  resulting  from shortfalls in revenue, the
14    following transfers are authorized from the designated  funds
15    into the General Revenue Fund:
16    ROAD FUND.......................................  $50,000,000
17    MOTOR FUEL TAX FUND.............................   $1,535,000
18    GRADE CROSSING PROTECTION FUND..................   $6,500,000
19    ILLINOIS AGRICUTURAL LOAN GUARANTEE FUND........   $2,500,000
20    ILLINOIS FARMER AND AGRIBUSINESS
21      LOAN GUARANTEE FUND...........................   $1,500,000
22    TRANSPORTATION REGULATORY FUND..................   $2,000,000
23    PARK AND CONSERVATION FUND......................   $1,000,000
24    DCFS CHILDREN'S SERVICES FUND...................   $1,000,000
25    TOBACCO SETTLEMENT RECOVERY FUND................      $50,000
26    AGGREGATE OPERATIONS REGULATORY FUND............      $10,000
27    APPRAISAL ADMINISTRATION FUND...................      $10,000
28    AUCTION REGULATION ADMINISTRATION FUND..........      $50,000
29    BANK AND TRUST COMPANY FUND.....................     $640,000
30    CHILD LABOR AND DAY AND TEMPORARY
31      LABOR ENFORCEMENT FUND........................      $15,000
32    CHILD SUPPORT ADMINISTRATIVE FUND...............     $170,000
33    COAL MINING REGULATORY FUND.....................      $80,000
 
SB1903 Enrolled            -3-       LRB093 08682 RCE 08912 b
 1    COMMUNITY WATER SUPPLY LABORATORY FUND..........     $500,000
 2    COMPTROLLER'S ADMINISTRATIVE FUND...............      $50,000
 3    CREDIT UNION FUND...............................     $500,000
 4    CRIMINAL JUSTICE INFORMATION
 5      SYSTEMS TRUST FUND............................     $300,000
 6    DESIGN PROFESSIONALS ADMINISTRATION
 7      AND INVESTIGATION FUND........................   $1,000,000
 8    DIGITAL DIVIDE ELIMINATION
 9      INFRASTRUCTURE FUND...........................   $4,000,000
10    DRAM SHOP FUND..................................     $560,000
11    DRIVERS EDUCATION FUND..........................   $2,500,000
12    EMERGENCY PLANNING AND TRAINING FUND............      $50,000
13    ENERGY EFFICIENCY TRUST FUND....................   $1,000,000
14    EXPLOSIVES REGULATORY FUND......................       $4,000
15    FINANCIAL INSTITUTION FUND......................     $300,000
16    FIREARM OWNER'S NOTIFICATION FUND...............     $110,000
17    FOOD AND DRUG SAFETY FUND.......................     $500,000
18    GENERAL PROFESSIONS DEDICATED FUND..............   $1,000,000
19    HAZARDOUS WASTE FUND............................     $500,000
20    HORSE RACING FUND...............................     $630,000
21    ILLINOIS GAMING LAW ENFORCEMENT FUND............     $200,000
22    ILLINOIS HISTORIC SITES FUND....................      $15,000
23    ILLINOIS SCHOOL ASBESTOS ABATEMENT FUND.........     $400,000
24    ILLINOIS STANDARDBRED BREEDERS FUND.............      $35,000
25    ILLINOIS STATE MEDICAL DISCIPLINARY FUND........   $1,500,000
26    ILLINOIS STATE PHARMACY DISCIPLINARY FUND.......   $1,500,000
27    ILLINOIS TAX INCREMENT FUND.....................      $20,000
28    INSURANCE FINANCIAL REGULATION FUND.............     $920,000
29    LANDFILL CLOSURE AND POST-CLOSURE FUND..........     $250,000
30    MANDATORY ARBITRATION FUND......................   $2,000,000
31    MEDICAID FRAUD AND ABUSE PREVENTION FUND........      $80,000
32    MENTAL HEALTH FUND..............................   $1,000,000
33    NEW TECHNOLOGY RECOVERY FUND....................   $1,000,000
34    NUCLEAR SAFETY EMERGENCY PREPAREDNESS FUND......     $460,000
 
SB1903 Enrolled            -4-       LRB093 08682 RCE 08912 b
 1    OPEN SPACE LANDS ACQUISITION
 2      AND DEVELOPMENT FUND..........................   $1,510,000
 3    PLUGGING AND RESTORATION FUND...................     $120,000
 4    PLUMBING LICENSURE AND PROGRAM FUND.............     $400,000
 5    PUBLIC HEALTH WATER PERMIT FUND.................      $90,000
 6    PUBLIC UTILITY FUND.............................   $2,000,000
 7    RADIATION PROTECTION FUND.......................     $240,000
 8    LOW-LEVEL RADIOACTIVE WASTE FACILITY
 9      DEVELOPMENT AND OPERATION FUND................   $1,000,000
10    REAL ESTATE AUDIT FUND..........................      $50,000
11    REAL ESTATE LICENSE ADMINISTRATION FUND.........     $750,000
12    REAL ESTATE RESEARCH AND EDUCATION FUND.........      $30,000
13    REGISTERED CERTIFIED PUBLIC ACCOUNTANTS'
14      ADMINISTRATION AND DISCIPLINARY FUND..........   $1,000,000
15    RENEWABLE ENERGY RESOURCES TRUST FUND...........   $3,000,000
16    SAVINGS AND RESIDENTIAL FINANCE
17      REGULATORY FUND...............................     $850,000
18    SECURITIES AUDIT AND ENFORCEMENT FUND...........   $2,000,000
19    STATE PARKS FUND................................     $593,000
20    STATE POLICE VEHICLE FUND.......................      $15,000
21    TAX COMPLIANCE AND ADMINISTRATION FUND..........     $150,000
22    TOURISM PROMOTION FUND..........................   $5,000,000
23    TRAFFIC AND CRIMINAL CONVICTION
24      SURCHARGE FUND................................     $250,000
25    UNDERGROUND RESOURCES CONSERVATION
26      ENFORCEMENT FUND..............................     $100,000
27    UNDERGROUND STORAGE TANK FUND...................  $12,100,000
28    ILLINOIS CAPITAL REVOLVING LOAN FUND............   $5,000,000
29    CONSERVATION 2000 FUND..........................      $15,000
30    DEATH CERTIFICATE SURCHARGE FUND................   $1,500,000
31    ENERGY ASSISTANCE CONTRIBUTION FUND.............     $750,000
32    FAIR AND EXPOSITION FUND........................     $500,000
33    HOME INSPECTOR ADMINISTRATION FUND..............     $100,000
34    ILLINOIS AFFORDABLE HOUSING TRUST FUND..........   $5,000,000
 
SB1903 Enrolled            -5-       LRB093 08682 RCE 08912 b
 1    LARGE BUSINESS ATTRACTION FUND..................     $500,000
 2    SCHOOL TECHNOLOGY REVOLVING LOAN FUND...........   $6,000,000
 3    SOLID WASTE MANAGEMENT REVOLVING LOAN FUND......   $2,000,000
 4    WIRELESS CARRIER REIMBURSEMENT FUND.............   $2,000,000
 5    EPA STATE PROJECTS TRUST FUND...................     $150,000
 6    ILLINOIS THOROUGHBRED
 7      BREEDERS FUND.................................     $160,000
 8    FIRE PREVENTION FUND............................   $2,000,000
 9    MOTOR VEHICLE THEFT
10      PREVENTION TRUST FUND.........................     $250,000
11    CAPITAL DEVELOPMENT BOARD
12      REVOLVING FUND................................     $500,000
13    AUDIT EXPENSE FUND..............................   $1,000,000
14    OFF-HIGHWAY VEHICLE
15      TRAILS FUND...................................     $100,000
16    CYCLE RIDER SAFETY
17      TRAINING FUND.................................   $1,000,000
18    GANG CRIME WITNESS PROTECTION FUND..............      $46,000
19    MISSING AND EXPLOITED CHILDREN TRUST FUND.......      $53,000
20    STATE POLICE VEHICLE FUND.......................      $86,000
21    SEX OFFENDER REGISTRATION FUND..................      $21,000
22    STATE POLICE WIRELESS SERVICE
23      EMERGENCY FUND................................   $1,200,000
24    MEDICAID FRAUD AND ABUSE PREVENTION FUND........     $270,000
25    STATE CRIME LABORATORY FUND.....................     $250,000
26    LEADS MAINTENANCE FUND..........................     $180,000
27    STATE POLICE DUI FUND...........................     $100,000
28    PETROLEUM VIOLATION FUND........................   $2,000,000
29        All  such  transfers shall be made on July 1, 2003, or as
30    soon thereafter as practical. These  transfers  may  be  made
31    notwithstanding any other provision of law to the contrary.

32        (30 ILCS 105/8g)
33        Sec. 8g. Transfers from General Revenue Fund.
 
SB1903 Enrolled            -6-       LRB093 08682 RCE 08912 b
 1        (a)  In  addition  to  any  other  transfers  that may be
 2    provided for by law, as soon as may be  practical  after  the
 3    effective  date  of  this  amendatory Act of the 91st General
 4    Assembly, the State Comptroller shall direct  and  the  State
 5    Treasurer  shall  transfer  the  sum  of $10,000,000 from the
 6    General Revenue Fund to the Motor Vehicle License Plate  Fund
 7    created by Senate Bill 1028 of the 91st General Assembly.
 8        (b)  In  addition  to  any  other  transfers  that may be
 9    provided for by law, as soon as may be  practical  after  the
10    effective  date  of  this  amendatory Act of the 91st General
11    Assembly, the State Comptroller shall direct  and  the  State
12    Treasurer  shall  transfer  the  sum  of $25,000,000 from the
13    General Revenue Fund to the Fund for Illinois' Future created
14    by Senate Bill 1066 of the 91st General Assembly.
15        (c)  In addition to  any  other  transfers  that  may  be
16    provided  for  by  law,  on  August  30 of each fiscal year's
17    license period, the Illinois Liquor Control Commission  shall
18    direct  and  the  State Comptroller and State Treasurer shall
19    transfer  from  the  General  Revenue  Fund  to   the   Youth
20    Alcoholism  and  Substance  Abuse  Prevention  Fund an amount
21    equal to the number of retail liquor licenses issued for that
22    fiscal year multiplied by $50.
23        (d)  The payments to programs required  under  subsection
24    (d)  of Section 28.1 of the Horse Racing Act of 1975 shall be
25    made, pursuant  to  appropriation,  from  the  special  funds
26    referred  to in the statutes cited in that subsection, rather
27    than directly from the General Revenue Fund.
28        Beginning January 1, 2000,  on  the  first  day  of  each
29    month,  or  as soon as may be practical thereafter, the State
30    Comptroller  shall  direct  and  the  State  Treasurer  shall
31    transfer from the General Revenue Fund to each of the special
32    funds from which  payments  are  to  be  made  under  Section
33    28.1(d)  of  the  Horse Racing Act of 1975 an amount equal to
34    1/12 of the annual amount required for  those  payments  from
 
SB1903 Enrolled            -7-       LRB093 08682 RCE 08912 b
 1    that  special  fund, which annual amount shall not exceed the
 2    annual amount for those payments from that special  fund  for
 3    the calendar year 1998.  The special funds to which transfers
 4    shall  be made under this subsection (d) include, but are not
 5    necessarily limited to, the Agricultural  Premium  Fund;  the
 6    Metropolitan  Exposition Auditorium and Office Building Fund;
 7    the Fair and Exposition Fund; the Standardbred Breeders Fund;
 8    the Thoroughbred Breeders Fund; and  the  Illinois  Veterans'
 9    Rehabilitation Fund.
10        (e)  In  addition  to  any  other  transfers  that may be
11    provided for by law, as soon as may be  practical  after  the
12    effective  date  of  this  amendatory Act of the 91st General
13    Assembly, but in no event later than June 30, 2000, the State
14    Comptroller  shall  direct  and  the  State  Treasurer  shall
15    transfer the sum of $15,000,000 from the General Revenue Fund
16    to the Fund for Illinois' Future.
17        (f)  In addition to  any  other  transfers  that  may  be
18    provided  for  by  law, as soon as may be practical after the
19    effective date of this amendatory Act  of  the  91st  General
20    Assembly, but in no event later than June 30, 2000, the State
21    Comptroller  shall  direct  and  the  State  Treasurer  shall
22    transfer the sum of $70,000,000 from the General Revenue Fund
23    to the Long-Term Care Provider Fund.
24        (f-1)  In  fiscal  year  2002,  in  addition to any other
25    transfers that may be provided for by law, at  the  direction
26    of  and  upon  notification  from  the  Governor,  the  State
27    Comptroller  shall  direct  and  the  State  Treasurer  shall
28    transfer  amounts  not exceeding a total of $160,000,000 from
29    the General Revenue Fund to the Long-Term Care Provider Fund.
30        (g)  In addition to  any  other  transfers  that  may  be
31    provided  for  by law, on July 1, 2001, or as soon thereafter
32    as may be practical, the State Comptroller shall  direct  and
33    the State Treasurer shall transfer the sum of $1,200,000 from
34    the General Revenue Fund to the Violence Prevention Fund.
 
SB1903 Enrolled            -8-       LRB093 08682 RCE 08912 b
 1        (h)  In  each  of fiscal years 2002 through 2007, but not
 2    thereafter, in addition to any other transfers  that  may  be
 3    provided  for  by law, the State Comptroller shall direct and
 4    the  State  Treasurer  shall  transfer  $5,000,000  from  the
 5    General Revenue Fund to the Tourism Promotion Fund.
 6        (i)  On or after July 1, 2001 and until May 1,  2002,  in
 7    addition  to  any other transfers that may be provided for by
 8    law, at the direction  of  and  upon  notification  from  the
 9    Governor,  the  State  Comptroller shall direct and the State
10    Treasurer shall transfer amounts not  exceeding  a  total  of
11    $80,000,000  from  the  General  Revenue  Fund to the Tobacco
12    Settlement Recovery Fund.  Any amounts so  transferred  shall
13    be  re-transferred  by  the  State  Comptroller and the State
14    Treasurer from the Tobacco Settlement Recovery  Fund  to  the
15    General   Revenue   Fund   at   the  direction  of  and  upon
16    notification from the Governor, but in any event on or before
17    June 30, 2002.
18        (i-1)  On or after July 1, 2002 and until May 1, 2003, in
19    addition to any other transfers that may be provided  for  by
20    law,  at  the  direction  of  and  upon notification from the
21    Governor, the State Comptroller shall direct  and  the  State
22    Treasurer  shall  transfer  amounts  not exceeding a total of
23    $80,000,000 from the General  Revenue  Fund  to  the  Tobacco
24    Settlement  Recovery  Fund.  Any amounts so transferred shall
25    be re-transferred by the  State  Comptroller  and  the  State
26    Treasurer  from  the  Tobacco Settlement Recovery Fund to the
27    General  Revenue  Fund  at  the   direction   of   and   upon
28    notification from the Governor, but in any event on or before
29    June 30, 2003.
30        (j)  On  or after July 1, 2001 and no later than June 30,
31    2002, in addition to any other transfers that may be provided
32    for by law, at the direction of and  upon  notification  from
33    the  Governor,  the  State  Comptroller  shall direct and the
34    State Treasurer shall transfer  amounts  not  to  exceed  the
 
SB1903 Enrolled            -9-       LRB093 08682 RCE 08912 b
 1    following sums into the Statistical Services Revolving Fund:
 2        From the General Revenue Fund...............   $8,450,000
 3        From the Public Utility Fund................    1,700,000
 4        From the Transportation Regulatory Fund.....    2,650,000
 5        From the Title III Social Security and
 6          Employment Fund...........................    3,700,000
 7        From the Professions Indirect Cost Fund.....    4,050,000
 8        From the Underground Storage Tank Fund......      550,000
 9        From the Agricultural Premium Fund..........      750,000
10        From the State Pensions Fund................      200,000
11        From the Road Fund..........................    2,000,000
12        From the Health Facilities
13          Planning Fund.............................    1,000,000
14        From the Savings and Residential Finance
15          Regulatory Fund...........................      130,800
16        From the Appraisal Administration Fund......       28,600
17        From the Pawnbroker Regulation Fund.........        3,600
18        From the Auction Regulation
19          Administration Fund.......................       35,800
20        From the Bank and Trust Company Fund........      634,800
21        From the Real Estate License
22          Administration Fund.......................      313,600
23        (k)  In  addition  to  any  other  transfers  that may be
24    provided for by law, as soon as may be  practical  after  the
25    effective  date  of  this  amendatory Act of the 92nd General
26    Assembly, the State Comptroller shall direct  and  the  State
27    Treasurer  shall  transfer  the  sum  of  $2,000,000 from the
28    General  Revenue  Fund  to  the  Teachers  Health   Insurance
29    Security Fund.
30        (k-1)  In  addition  to  any  other transfers that may be
31    provided for by law, on July 1, 2002, or as soon  as  may  be
32    practical  thereafter, the State Comptroller shall direct and
33    the State Treasurer shall transfer the sum of $2,000,000 from
34    the General Revenue Fund to  the  Teachers  Health  Insurance
 
SB1903 Enrolled            -10-      LRB093 08682 RCE 08912 b
 1    Security Fund.
 2        (k-2)  In  addition  to  any  other transfers that may be
 3    provided for by law, on July 1, 2003, or as soon  as  may  be
 4    practical  thereafter, the State Comptroller shall direct and
 5    the State Treasurer shall transfer the sum of $2,000,000 from
 6    the General Revenue Fund to  the  Teachers  Health  Insurance
 7    Security Fund.
 8        (k-3)  On  or  after  July 1, 2002 and no later than June
 9    30, 2003, in addition to any  other  transfers  that  may  be
10    provided   for   by   law,  at  the  direction  of  and  upon
11    notification from the Governor, the State  Comptroller  shall
12    direct  and the State Treasurer shall transfer amounts not to
13    exceed the  following  sums  into  the  Statistical  Services
14    Revolving Fund:
15        Appraisal Administration Fund...............     $150,000
16        General Revenue Fund........................   10,440,000
17        Savings and Residential Finance
18             Regulatory Fund........................      200,000
19        State Pensions Fund.........................      100,000
20        Bank and Trust Company Fund.................      100,000
21        Professions Indirect Cost Fund..............    3,400,000
22        Public Utility Fund.........................    2,081,200
23        Real Estate License Administration Fund.....      150,000
24        Title III Social Security and
25             Employment Fund........................    1,000,000
26        Transportation Regulatory Fund..............    3,052,100
27        Underground Storage Tank Fund...............       50,000
28        (l)  In  addition  to  any  other  transfers  that may be
29    provided for by law, on July 1, 2002, or as soon  as  may  be
30    practical  thereafter, the State Comptroller shall direct and
31    the State Treasurer shall transfer the sum of $3,000,000 from
32    the General Revenue Fund  to  the  Presidential  Library  and
33    Museum Operating Fund.
34        (m)  In  addition  to  any  other  transfers  that may be
 
SB1903 Enrolled            -11-      LRB093 08682 RCE 08912 b
 1    provided for by law, on July 1, 2002, or as  soon  thereafter
 2    as  may  be practical, the State Comptroller shall direct and
 3    the State Treasurer shall transfer the sum of $1,200,000 from
 4    the General Revenue Fund to the Violence Prevention Fund.
 5        (n)  In addition to  any  other  transfers  that  may  be
 6    provided  for  by law, on July 1, 2003, or as soon thereafter
 7    as may be practical, the State Comptroller shall  direct  and
 8    the State Treasurer shall transfer the sum of $6,800,000 from
 9    the General Revenue Fund to the DHS Recoveries Trust Fund.
10        (o)  On or after July 1, 2003, and no later than June 30,
11    2004, in addition to any other transfers that may be provided
12    for  by  law,  at the direction of and upon notification from
13    the Governor, the State  Comptroller  shall  direct  and  the
14    State  Treasurer  shall  transfer  amounts  not to exceed the
15    following sums into the Vehicle Inspection Fund:
16        From the Underground Storage Tank Fund .....$35,000,000.
17        (p)  On or after July 1, 2003 and until May 1,  2004,  in
18    addition  to  any other transfers that may be provided for by
19    law, at the direction  of  and  upon  notification  from  the
20    Governor,  the  State  Comptroller shall direct and the State
21    Treasurer shall transfer amounts not  exceeding  a  total  of
22    $80,000,000  from  the  General  Revenue  Fund to the Tobacco
23    Settlement Recovery Fund. Any amounts so transferred shall be
24    re-transferred from the Tobacco Settlement Recovery  Fund  to
25    the  General  Revenue  Fund  at  the  direction  of  and upon
26    notification from the Governor, but in any event on or before
27    June 30, 2004.
28        (q)  In addition to  any  other  transfers  that  may  be
29    provided  for  by  law, on July 1, 2003, or as soon as may be
30    practical thereafter, the State Comptroller shall direct  and
31    the State Treasurer shall transfer the sum of $5,000,000 from
32    the  General  Revenue  Fund  to  the Illinois Military Family
33    Relief Fund.
34        (r)  In addition to  any  other  transfers  that  may  be
 
SB1903 Enrolled            -12-      LRB093 08682 RCE 08912 b
 1    provided  for  by  law, on July 1, 2003, or as soon as may be
 2    practical thereafter, the State Comptroller shall direct  and
 3    the State Treasurer shall transfer the sum of $1,922,000 from
 4    the  General  Revenue  Fund  to  the Presidential Library and
 5    Museum Operating Fund.
 6        (s)  In addition to  any  other  transfers  that  may  be
 7    provided  for  by  law,  on  or after July 1, 2003, the State
 8    Comptroller  shall  direct  and  the  State  Treasurer  shall
 9    transfer the sum of $4,800,000 from  the  Statewide  Economic
10    Development Fund to the General Revenue Fund.
11        (t)  In  addition  to  any  other  transfers  that may be
12    provided for by law, on or after  July  1,  2003,  the  State
13    Comptroller  shall  direct  and  the  State  Treasurer  shall
14    transfer the sum of $50,000,000 from the General Revenue Fund
15    to the Budget Stabilization Fund.
16    (Source:  P.A.  91-25,  eff.  6-9-99;  91-704,  eff. 5-17-00;
17    92-11, eff. 6-11-01;  92-505,  eff.  12-20-01;  92-600,  eff.
18    6-28-02.)

19        (30 ILCS 105/8h new)
20        Sec.    8h.    Transfers   to   General   Revenue   Fund.
21    Notwithstanding any other State  law  to  the  contrary,  the
22    Director  of  the  Bureau of the Budget may from time to time
23    direct the State Treasurer  and  Comptroller  to  transfer  a
24    specified  sum  from  any fund held by the State Treasurer to
25    the General Revenue Fund in order to help defray the  State's
26    operating  costs  for  the  fiscal  year.  The total transfer
27    under this Section from any fund in any fiscal year shall not
28    exceed the lesser of 8% of the revenues to be deposited  into
29    the  fund during that year or 25% of the beginning balance in
30    the fund.  No transfer may be made from  a  fund  under  this
31    Section  that would have the effect of reducing the available
32    balance in the  fund  to  an  amount  less  than  the  amount
33    remaining   unexpended   and   unreserved   from   the  total
 
SB1903 Enrolled            -13-      LRB093 08682 RCE 08912 b
 1    appropriation from that  fund  for  that  fiscal  year.  This
 2    Section  does  not  apply to any funds that are restricted by
 3    federal law to a specific use or to any funds  in  the  Motor
 4    Fuel  Tax  Fund.  Notwithstanding any other provision of this
 5    Section, the total transfer under this Section from the  Road
 6    Fund  or the State Construction Account Fund shall not exceed
 7    5% of the revenues to be deposited into the fund during  that
 8    year.
 9        In  determining  the  available  balance  in  a fund, the
10    Director of the Bureau of the Budget  may  include  receipts,
11    transfers  into  the fund, and other resources anticipated to
12    be available in the fund in that fiscal year.
13        The State Treasurer and Comptroller  shall  transfer  the
14    amounts  designated  under  this  Section  as  soon as may be
15    practicable after receiving the direction  to  transfer  from
16    the Director of the Bureau of the Budget.

17        (30 ILCS 105/8j new)
18        Sec.  8j.   Allocation  and  transfer  of fee receipts to
19    General Revenue Fund.  Notwithstanding any other law  to  the
20    contrary,   additional  amounts  generated  by  the  new  and
21    increased fees created or authorized by this  amendatory  Act
22    of  the  93rd General Assembly and by Senate Bill 774, Senate
23    Bill 841, and Senate Bill 842 of the 93rd  General  Assembly,
24    if  those  bills  become  law, shall be allocated between the
25    fund otherwise entitled to receive the fee  and  the  General
26    Revenue Fund by the Bureau of the Budget.  In determining the
27    amount  of  the  allocation  to the General Revenue Fund, the
28    Director of the Bureau of the Budget shall calculate  whether
29    the available resources in the fund are sufficient to satisfy
30    the  unexpended  and  unreserved appropriations from the fund
31    for the fiscal year.
32        In calculating the available resources  in  a  fund,  the
33    Director  of  the  Bureau of the Budget may include receipts,
 
SB1903 Enrolled            -14-      LRB093 08682 RCE 08912 b
 1    transfers into the fund, and other resources  anticipated  to
 2    be available in the fund in that fiscal year.
 3        Upon  determining  the  amount  of  an  allocation to the
 4    General Revenue Fund under this Section, the Director of  the
 5    Bureau  of  the  Budget  may  direct  the State Treasurer and
 6    Comptroller to transfer the amount of  that  allocation  from
 7    the  fund in which the fee amounts have been deposited to the
 8    General Revenue Fund; provided, however,  that  the  Director
 9    shall  not  direct the transfer of any amount that would have
10    the effect of reducing the available resources in the fund to
11    an amount less  than  the  amount  remaining  unexpended  and
12    unreserved  from  the  total appropriation from that fund for
13    that fiscal year.
14        The State Treasurer and Comptroller  shall  transfer  the
15    amounts  designated  under  this  Section  as  soon as may be
16    practicable after receiving the direction  to  transfer  from
17    the Director of the Bureau of the Budget.

18        Section  50-10. The Illinois Income Tax Act is amended by
19    changing Section 901 as follows:

20        (35 ILCS 5/901) (from Ch. 120, par. 9-901)
21        Sec. 901.  Collection Authority.
22        (a)  In general.
23        The Department shall collect the taxes  imposed  by  this
24    Act.   The  Department shall collect certified past due child
25    support amounts under Section 2505-650 of the  Department  of
26    Revenue  Law  (20 ILCS 2505/2505-650).  Except as provided in
27    subsections (c) and (e)  of  this  Section,  money  collected
28    pursuant  to  subsections  (a) and (b) of Section 201 of this
29    Act shall be paid into the General Revenue Fund in the  State
30    treasury; money collected pursuant to subsections (c) and (d)
31    of  Section  201  of this Act shall be paid into the Personal
32    Property Tax Replacement Fund, a special fund  in  the  State
 
SB1903 Enrolled            -15-      LRB093 08682 RCE 08912 b
 1    Treasury;  and  money collected under Section 2505-650 of the
 2    Department of Revenue Law (20 ILCS  2505/2505-650)  shall  be
 3    paid into the Child Support Enforcement Trust Fund, a special
 4    fund outside the State Treasury, or to the State Disbursement
 5    Unit  established  under Section 10-26 of the Illinois Public
 6    Aid Code, as directed by the Department of Public Aid.
 7        (b)  Local Governmental Distributive Fund.
 8        Beginning August 1, 1969, and continuing through June 30,
 9    1994, the  Treasurer  shall  transfer  each  month  from  the
10    General Revenue Fund to a special fund in the State treasury,
11    to  be  known as the "Local Government Distributive Fund", an
12    amount equal to 1/12 of the net revenue realized from the tax
13    imposed by subsections (a) and (b) of Section 201 of this Act
14    during the preceding  month.  Beginning  July  1,  1994,  and
15    continuing   through  June  30,  1995,  the  Treasurer  shall
16    transfer each month from the  General  Revenue  Fund  to  the
17    Local Government Distributive Fund an amount equal to 1/11 of
18    the  net revenue realized from the tax imposed by subsections
19    (a) and (b) of Section 201 of this Act during  the  preceding
20    month.   Beginning July 1, 1995, the Treasurer shall transfer
21    each month  from  the  General  Revenue  Fund  to  the  Local
22    Government  Distributive  Fund  an amount equal to the net of
23    (i) 1/10 of the net revenue realized from the tax imposed  by
24    subsections (a) and (b) of Section 201 of the Illinois Income
25    Tax Act during the preceding month (ii) minus, beginning July
26    1,  2003  and ending June 30, 2004, $6,666,666, and beginning
27    July 1, 2004, zero. Net revenue realized for a month shall be
28    defined as the revenue from the tax  imposed  by  subsections
29    (a)  and (b) of Section 201 of this Act which is deposited in
30    the General Revenue Fund, the Educational Assistance Fund and
31    the Income Tax Surcharge Local Government  Distributive  Fund
32    during  the  month  minus  the amount paid out of the General
33    Revenue Fund in State warrants  during  that  same  month  as
34    refunds  to  taxpayers for overpayment of liability under the
 
SB1903 Enrolled            -16-      LRB093 08682 RCE 08912 b
 1    tax imposed by subsections (a) and (b) of Section 201 of this
 2    Act.
 3        (c)  Deposits Into Income Tax Refund Fund.
 4             (1)  Beginning on January 1,  1989  and  thereafter,
 5        the  Department shall deposit a percentage of the amounts
 6        collected pursuant to subsections (a)  and  (b)(1),  (2),
 7        and  (3),  of  Section 201 of this Act into a fund in the
 8        State treasury known as the Income Tax Refund Fund.   The
 9        Department  shall  deposit  6% of such amounts during the
10        period beginning January 1, 1989 and ending on  June  30,
11        1989.  Beginning with State fiscal year 1990 and for each
12        fiscal year thereafter, the percentage deposited into the
13        Income  Tax Refund Fund during a fiscal year shall be the
14        Annual Percentage.  For fiscal years 1999  through  2001,
15        the  Annual  Percentage  shall  be  7.1%. For fiscal year
16        2003, the Annual Percentage shall be 8%. For fiscal  year
17        2004,  the  Annual  Percentage  shall  be 11.7%.  For all
18        other  fiscal  years,  the  Annual  Percentage  shall  be
19        calculated as a fraction, the numerator of which shall be
20        the  amount  of  refunds  approved  for  payment  by  the
21        Department during the preceding fiscal year as  a  result
22        of overpayment of tax liability under subsections (a) and
23        (b)(1),  (2), and (3) of Section 201 of this Act plus the
24        amount of such refunds remaining approved but  unpaid  at
25        the  end  of the preceding fiscal year, minus the amounts
26        transferred into the Income  Tax  Refund  Fund  from  the
27        Tobacco  Settlement Recovery Fund, and the denominator of
28        which shall  be  the  amounts  which  will  be  collected
29        pursuant  to  subsections (a) and (b)(1), (2), and (3) of
30        Section 201 of this Act during the preceding fiscal year;
31        except  that  in  State  fiscal  year  2002,  the  Annual
32        Percentage shall in no event exceed 7.6%.   The  Director
33        of  Revenue  shall  certify  the Annual Percentage to the
34        Comptroller on the last business day of the  fiscal  year
 
SB1903 Enrolled            -17-      LRB093 08682 RCE 08912 b
 1        immediately  preceding the fiscal year for which it is to
 2        be effective.
 3             (2)  Beginning on January 1,  1989  and  thereafter,
 4        the  Department shall deposit a percentage of the amounts
 5        collected pursuant to subsections (a)  and  (b)(6),  (7),
 6        and  (8),  (c)  and (d) of Section 201 of this Act into a
 7        fund in the State treasury known as the Income Tax Refund
 8        Fund.  The Department shall deposit 18% of  such  amounts
 9        during the period beginning January 1, 1989 and ending on
10        June 30, 1989.  Beginning with State fiscal year 1990 and
11        for each fiscal year thereafter, the percentage deposited
12        into  the  Income  Tax  Refund  Fund during a fiscal year
13        shall be the Annual Percentage.  For fiscal  years  1999,
14        2000,  and  2001, the Annual Percentage shall be 19%. For
15        fiscal year 2003, the Annual  Percentage  shall  be  27%.
16        For fiscal year 2004, the Annual Percentage shall be 32%.
17        For  all  other fiscal years, the Annual Percentage shall
18        be calculated as a fraction, the numerator of which shall
19        be the amount of refunds  approved  for  payment  by  the
20        Department  during  the preceding fiscal year as a result
21        of overpayment of tax liability under subsections (a) and
22        (b)(6), (7), and (8), (c) and (d) of Section 201 of  this
23        Act  plus  the  amount of such refunds remaining approved
24        but unpaid at the end of the preceding fiscal  year,  and
25        the  denominator of which shall be the amounts which will
26        be collected pursuant to subsections (a) and (b)(6), (7),
27        and (8), (c) and (d) of Section 201 of  this  Act  during
28        the  preceding  fiscal  year; except that in State fiscal
29        year 2002, the Annual Percentage shall in no event exceed
30        23%.  The Director of Revenue shall  certify  the  Annual
31        Percentage to the Comptroller on the last business day of
32        the fiscal year immediately preceding the fiscal year for
33        which it is to be effective.
34             (3)  The Comptroller shall order transferred and the
 
SB1903 Enrolled            -18-      LRB093 08682 RCE 08912 b
 1        Treasurer  shall  transfer  from  the  Tobacco Settlement
 2        Recovery  Fund  to  the  Income  Tax  Refund   Fund   (i)
 3        $35,000,000   in   January,  2001,  (ii)  $35,000,000  in
 4        January, 2002, and (iii) $35,000,000 in January, 2003.
 5        (d)  Expenditures from Income Tax Refund Fund.
 6             (1)  Beginning January 1, 1989, money in the  Income
 7        Tax  Refund  Fund  shall  be expended exclusively for the
 8        purpose of paying refunds resulting from  overpayment  of
 9        tax  liability  under Section 201 of this Act, for paying
10        rebates under Section 208.1 in the event that the amounts
11        in the Homeowners' Tax Relief Fund are  insufficient  for
12        that  purpose,  and for making transfers pursuant to this
13        subsection (d).
14             (2)  The Director shall  order  payment  of  refunds
15        resulting from overpayment of tax liability under Section
16        201  of  this Act from the Income Tax Refund Fund only to
17        the extent that amounts collected pursuant to Section 201
18        of this Act and transfers pursuant to this subsection (d)
19        and item (3) of subsection (c) have  been  deposited  and
20        retained in the Fund.
21             (3)  As  soon  as  possible  after  the  end of each
22        fiscal year, the Director shall order transferred and the
23        State Treasurer and State Comptroller shall transfer from
24        the Income Tax Refund Fund to the Personal  Property  Tax
25        Replacement  Fund an amount, certified by the Director to
26        the Comptroller,  equal  to  the  excess  of  the  amount
27        collected  pursuant to subsections (c) and (d) of Section
28        201 of this Act deposited into the Income Tax Refund Fund
29        during  the  fiscal  year  over  the  amount  of  refunds
30        resulting  from  overpayment  of  tax   liability   under
31        subsections  (c)  and (d) of Section 201 of this Act paid
32        from the Income Tax Refund Fund during the fiscal year.
33             (4)  As soon as  possible  after  the  end  of  each
34        fiscal year, the Director shall order transferred and the
 
SB1903 Enrolled            -19-      LRB093 08682 RCE 08912 b
 1        State Treasurer and State Comptroller shall transfer from
 2        the  Personal Property Tax Replacement Fund to the Income
 3        Tax Refund Fund an amount, certified by the  Director  to
 4        the  Comptroller,  equal  to  the excess of the amount of
 5        refunds resulting from overpayment of tax liability under
 6        subsections (c) and (d) of Section 201 of this  Act  paid
 7        from  the  Income  Tax Refund Fund during the fiscal year
 8        over the amount collected pursuant to subsections (c) and
 9        (d) of Section 201 of this Act deposited into the  Income
10        Tax Refund Fund during the fiscal year.
11             (4.5)  As  soon  as possible after the end of fiscal
12        year  1999  and  of  each  fiscal  year  thereafter,  the
13        Director shall order transferred and the State  Treasurer
14        and  State Comptroller shall transfer from the Income Tax
15        Refund Fund to  the  General  Revenue  Fund  any  surplus
16        remaining  in the Income Tax Refund Fund as of the end of
17        such fiscal year; excluding for fiscal years 2000,  2001,
18        and 2002 amounts attributable to transfers under item (3)
19        of  subsection (c) less refunds resulting from the earned
20        income tax credit.
21             (5)  This Act shall constitute  an  irrevocable  and
22        continuing  appropriation from the Income Tax Refund Fund
23        for the purpose of paying refunds upon the order  of  the
24        Director  in  accordance  with  the  provisions  of  this
25        Section.
26        (e)  Deposits  into the Education Assistance Fund and the
27    Income Tax Surcharge Local Government Distributive Fund.
28        On July 1, 1991, and thereafter, of the amounts collected
29    pursuant to subsections (a) and (b) of Section  201  of  this
30    Act,  minus  deposits  into  the  Income Tax Refund Fund, the
31    Department shall deposit 7.3% into the  Education  Assistance
32    Fund  in  the  State  Treasury.   Beginning July 1, 1991, and
33    continuing through January 31, 1993, of the amounts collected
34    pursuant to subsections (a) and (b) of  Section  201  of  the
 
SB1903 Enrolled            -20-      LRB093 08682 RCE 08912 b
 1    Illinois  Income  Tax Act, minus deposits into the Income Tax
 2    Refund Fund, the  Department  shall  deposit  3.0%  into  the
 3    Income  Tax  Surcharge  Local Government Distributive Fund in
 4    the  State  Treasury.   Beginning  February   1,   1993   and
 5    continuing  through  June  30, 1993, of the amounts collected
 6    pursuant to subsections (a) and (b) of  Section  201  of  the
 7    Illinois  Income  Tax Act, minus deposits into the Income Tax
 8    Refund Fund, the  Department  shall  deposit  4.4%  into  the
 9    Income  Tax  Surcharge  Local Government Distributive Fund in
10    the State Treasury.  Beginning July 1, 1993,  and  continuing
11    through  June  30,  1994,  of  the  amounts  collected  under
12    subsections  (a)  and  (b)  of Section 201 of this Act, minus
13    deposits into the Income  Tax  Refund  Fund,  the  Department
14    shall  deposit  1.475%  into  the  Income Tax Surcharge Local
15    Government Distributive Fund in the State Treasury.
16    (Source: P.A. 91-212,  eff.  7-20-99;  91-239,  eff.  1-1-00;
17    91-700,  eff.  5-11-00;  91-704,  eff.  7-1-00;  91-712, eff.
18    7-1-00; 92-11, eff. 6-11-01;  92-16,  eff.  6-28-01;  92-600,
19    eff. 6-28-02.)

20        Section  50-15.  The  Retailers'  Occupation  Tax  Act is
21    amended by changing Section 2d as follows:

22        (35 ILCS 120/2d) (from Ch. 120, par. 441d)
23        Sec. 2d.  Tax prepayment  by  motor  fuel  retailer.  Any
24    person  engaged  in  the  business  of  selling motor fuel at
25    retail, as defined in the Motor Fuel Tax Law, and who is  not
26    a  licensed  distributor or supplier, as defined in the Motor
27    Fuel Tax  Law,  shall  prepay  to  his  or  her  distributor,
28    supplier,  or  other  reseller of motor fuel a portion of the
29    tax imposed by this Act  if  the  distributor,  supplier,  or
30    other  reseller  of motor fuel is registered under Section 2a
31    or Section  2c  of  this  Act.   The  prepayment  requirement
32    provided for in this Section does not apply to liquid propane
 
SB1903 Enrolled            -21-      LRB093 08682 RCE 08912 b
 1    gas.
 2        Beginning  on July 1, 2000 and through December 31, 2000,
 3    the  Retailers'  Occupation  Tax  paid  to  the  distributor,
 4    supplier, or other reseller shall be an amount equal to $0.01
 5    per gallon of the motor fuel, except gasohol  as  defined  in
 6    Section  2-10  of  this Act which shall be an amount equal to
 7    $0.01 per gallon, purchased from the  distributor,  supplier,
 8    or other reseller.
 9        Before July 1, 2000 and then beginning on January 1, 2001
10    and   through   June  30,  2003  thereafter,  the  Retailers'
11    Occupation Tax paid to the distributor,  supplier,  or  other
12    reseller  shall be an amount equal to $0.04 per gallon of the
13    motor fuel, except gasohol as defined in Section 2-10 of this
14    Act which shall be an  amount  equal  to  $0.03  per  gallon,
15    purchased from the distributor, supplier, or other reseller.
16        Beginning  July  1,  2003  and thereafter, the Retailers'
17    Occupation Tax paid to the distributor,  supplier,  or  other
18    reseller  shall be an amount equal to $0.06 per gallon of the
19    motor fuel, except gasohol as defined in Section 2-10 of this
20    Act which shall be an  amount  equal  to  $0.05  per  gallon,
21    purchased from the distributor, supplier, or other reseller.
22        Any  person engaged in the business of selling motor fuel
23    at retail shall be entitled to a credit against tax due under
24    this  Act  in  an  amount  equal  to  the  tax  paid  to  the
25    distributor, supplier, or other reseller.
26        Every distributor, supplier, or other reseller registered
27    as provided in Section 2a or Section 2c  of  this  Act  shall
28    remit  the prepaid tax on all motor fuel that is due from any
29    person engaged in the business of  selling  at  retail  motor
30    fuel  with the returns filed under Section 2f or Section 3 of
31    this Act, but the vendors  discount  provided  in  Section  3
32    shall  not  apply  to  the  amount  of  prepaid  tax  that is
33    remitted. Any distributor or supplier who fails  to  properly
34    collect  and  remit the tax shall be liable for the tax.  For
 
SB1903 Enrolled            -22-      LRB093 08682 RCE 08912 b
 1    purposes of this Section, the prepaid tax is due on  invoiced
 2    gallons  sold during a month by the 20th day of the following
 3    month.
 4    (Source: P.A. 91-872, eff. 7-1-00.)

 5        Section 50-35.  The Motor Fuel  Tax  Law  is  amended  by
 6    changing Sections 2b, 6, 6a, and 8 as follows:

 7        (35 ILCS 505/2b) (from Ch. 120, par. 418b)
 8        Sec. 2b.  In addition to the tax collection and reporting
 9    responsibilities  imposed elsewhere in this Act, a person who
10    is required to pay the tax imposed by Section 2a of this  Act
11    shall  pay  the  tax  to the Department by return showing all
12    fuel purchased, acquired or received and sold, distributed or
13    used during the preceding calendar month including losses  of
14    fuel  as  the  result  of  evaporation  or  shrinkage  due to
15    temperature variations, and such other reasonable information
16    as the Department may require. Losses of fuel as  the  result
17    of evaporation or shrinkage due to temperature variations may
18    not  exceed  1%  of  the  total  gallons  in  storage  at the
19    beginning of the month, plus the receipts of gallonage during
20    the month, minus the gallonage remaining in  storage  at  the
21    end  of  the  month.   Any loss reported that is in excess of
22    this amount shall be subject to the tax imposed by Section 2a
23    of this Law. On and after July  1,  2001,  for  each  6-month
24    period  January  through  June,  net losses of fuel (for each
25    category of fuel that is required to be reported on a return)
26    as the result of evaporation or shrinkage due to  temperature
27    variations  may not exceed 1% of the total gallons in storage
28    at the beginning  of  each  January,  plus  the  receipts  of
29    gallonage  each  January  through  June,  minus the gallonage
30    remaining in storage at the end of each June.  On  and  after
31    July  1, 2001, for each 6-month period July through December,
32    net losses of  fuel  (for  each  category  of  fuel  that  is
 
SB1903 Enrolled            -23-      LRB093 08682 RCE 08912 b
 1    required  to  be  reported  on  a  return)  as  the result of
 2    evaporation or shrinkage due to  temperature  variations  may
 3    not  exceed  1%  of  the  total  gallons  in  storage  at the
 4    beginning of each July, plus the receipts of  gallonage  each
 5    July  through  December,  minus  the  gallonage  remaining in
 6    storage at the end of each December.  Any net  loss  reported
 7    that  is in excess of this amount shall be subject to the tax
 8    imposed by Section 2a of this  Law.   For  purposes  of  this
 9    Section,  "net  loss"  means  the  number  of  gallons gained
10    through temperature variations minus the  number  of  gallons
11    lost  through  temperature variations or evaporation for each
12    of the respective 6-month periods.
13        The return shall be  prescribed  by  the  Department  and
14    shall be filed between the 1st and 20th days of each calendar
15    month.   The  Department  may, in its discretion, combine the
16    returns filed under this Section, Section 5, and  Section  5a
17    of  this  Act.  The return must be accompanied by appropriate
18    computer-generated magnetic media supporting schedule data in
19    the format required by the Department, unless, as provided by
20    rule, the Department grants an exception upon petition  of  a
21    taxpayer.   If  the  return is filed timely, the seller shall
22    take a discount  of  2%  through  June  30,  2003  and  1.75%
23    thereafter  2%  which  is allowed to reimburse the seller for
24    the expenses  incurred  in  keeping  records,  preparing  and
25    filing   returns,   collecting  and  remitting  the  tax  and
26    supplying data to the Department on request. The 2% discount,
27    however, shall be applicable only to the  amount  of  payment
28    which accompanies a return that is filed timely in accordance
29    with this Section.
30    (Source: P.A. 91-173, eff. 1-1-00; 92-30, eff. 7-1-01.)

31        (35 ILCS 505/6) (from Ch. 120, par. 422)
32        Sec.  6.  Collection  of tax; distributors. A distributor
33    who sells or distributes any motor fuel, which he is required
 
SB1903 Enrolled            -24-      LRB093 08682 RCE 08912 b
 1    by Section 5 to  report  to  the  Department  when  filing  a
 2    return, shall (except as hereinafter provided) collect at the
 3    time of such sale and distribution, the amount of tax imposed
 4    under  this  Act on all such motor fuel sold and distributed,
 5    and at the time of making a return, the distributor shall pay
 6    to the Department the amount so collected less a discount  of
 7    2%  through  June  30,  2003 and 1.75% thereafter 2% which is
 8    allowed  to  reimburse  the  distributor  for  the   expenses
 9    incurred  in  keeping  records, preparing and filing returns,
10    collecting and remitting the tax and supplying  data  to  the
11    Department  on  request, and shall also pay to the Department
12    an amount equal to the amount that would be collectible as  a
13    tax  in  the  event  of a sale thereof on all such motor fuel
14    used by said distributor during the  period  covered  by  the
15    return.  However,  no  payment  shall be made based upon dyed
16    diesel fuel used by the distributor for non-highway purposes.
17    The 2% discount shall only be applicable to the amount of tax
18    payment which accompanies a return which is filed  timely  in
19    accordance  with  Section  5  of this Act. In each subsequent
20    sale of motor fuel on which the amount of tax  imposed  under
21    this  Act has been collected as provided in this Section, the
22    amount so collected shall be added to the selling  price,  so
23    that  the amount of tax is paid ultimately by the user of the
24    motor fuel.  However, no collection or payment shall be  made
25    in  the  case  of  the  sale  or use of any motor fuel to the
26    extent to  which such sale or use  of  motor  fuel  may  not,
27    under  the constitution and statutes of the United States, be
28    made the subject of taxation by this State.  A  person  whose
29    license  to  act  as  a  distributor of fuel has been revoked
30    shall, at the time of  making  a  return,  also  pay  to  the
31    Department  an  amount  equal  to  the  amount  that would be
32    collectible as a tax in the event of a sale  thereof  on  all
33    motor  fuel,  which he is required by the second paragraph of
34    Section 5 to report to the Department in making a return, and
 
SB1903 Enrolled            -25-      LRB093 08682 RCE 08912 b
 1    which he had on hand on the date on  which  the  license  was
 2    revoked, and with respect to which no tax had been previously
 3    paid under this Act.
 4        A distributor may make tax free sales of motor fuel, with
 5    respect to which he is otherwise required to collect the tax,
 6    when  the  motor fuel is delivered from a dispensing facility
 7    that has withdrawal facilities capable  of  dispensing  motor
 8    fuel  into  the  fuel  supply tanks of motor vehicles only as
 9    specified in the following items 3, 4, and 5.  A  distributor
10    may  make tax-free sales of motor fuel, with respect to which
11    he is otherwise required to collect the tax, when  the  motor
12    fuel  is delivered from other facilities only as specified in
13    the following items 1 through 7.
14             1.  When the sale is made  to  a  person  holding  a
15        valid  unrevoked  license  as  a distributor, by making a
16        specific notation  thereof  on  invoices  or  sales  slip
17        covering each sale.
18             2.  When  the  sale  is  made  with  delivery  to  a
19        purchaser outside of this State.
20             3.  When  the sale is made to the Federal Government
21        or its instrumentalities.
22             4.  When the sale is made to a municipal corporation
23        owning and operating a local  transportation  system  for
24        public service in this State when an official certificate
25        of exemption is obtained in lieu of the tax.
26             5.  When  the  sale  is  made  to  a privately owned
27        public utility  owning  and  operating  2  axle  vehicles
28        designed   and   used   for   transporting  more  than  7
29        passengers, which vehicles are used as common carriers in
30        general transportation of passengers, are not devoted  to
31        any  specialized purpose and are operated entirely within
32        the territorial limits of a single municipality or of any
33        group of contiguous municipalities, or in a close  radius
34        thereof,  and  the operations of which are subject to the
 
SB1903 Enrolled            -26-      LRB093 08682 RCE 08912 b
 1        regulations of the Illinois Commerce Commission, when  an
 2        official  certificate of exemption is obtained in lieu of
 3        the tax.
 4             6.  When a sale of special fuel is made to a  person
 5        holding  a  valid,  unrevoked  license  as a supplier, by
 6        making a specific notation  thereof  on  the  invoice  or
 7        sales slip covering each such sale.
 8             7.  When  a  sale of special fuel is made to someone
 9        other than a licensed distributor or a licensed  supplier
10        for  a  use  other  than  in  motor vehicles, by making a
11        specific notation thereof on the invoice  or  sales  slip
12        covering   such   sale   and  obtaining  such  supporting
13        documentation as may be required by the  Department.  The
14        distributor   shall   obtain   and  keep  the  supporting
15        documentation in such form as the Department may  require
16        by rule.
17             8.  (Blank).
18        All  special  fuel  sold or used for non-highway purposes
19    must have a dye added in accordance with Section 4d  of  this
20    Law.
21        All suits or other proceedings brought for the purpose of
22    recovering  any taxes, interest or penalties due the State of
23    Illinois under this Act may be maintained in the name of  the
24    Department.
25    (Source: P.A. 91-173, eff. 1-1-00.)

26        (35 ILCS 505/6a) (from Ch. 120, par. 422a)
27        Sec.  6a. Collection of tax; suppliers. A supplier, other
28    than a licensed distributor, who  sells  or  distributes  any
29    special fuel, which he is required by Section 5a to report to
30    the  Department  when  filing  a  return,  shall  (except  as
31    hereinafter  provided)  collect  at the time of such sale and
32    distribution, the amount of tax imposed under this Act on all
33    such special fuel sold and distributed, and at  the  time  of
 
SB1903 Enrolled            -27-      LRB093 08682 RCE 08912 b
 1    making a return, the supplier shall pay to the Department the
 2    amount  so  collected  less a discount of 2% through June 30,
 3    2003 and 1.75% thereafter 2%  which is allowed  to  reimburse
 4    the  supplier  for  the expenses incurred in keeping records,
 5    preparing and filing returns, collecting  and  remitting  the
 6    tax  and  supplying  data  to the Department on request,  and
 7    shall also pay to the  Department  an  amount  equal  to  the
 8    amount  that  would be collectible as a tax in the event of a
 9    sale thereof on all such special fuel used by  said  supplier
10    during the period covered by the return.  However, no payment
11    shall  be  made  based  upon  dyed  diesel  fuel used by said
12    supplier for non-highway purposes. The 2% discount shall only
13    be applicable to the amount of tax payment which  accompanies
14    a  return  which  is  filed timely in accordance with Section
15    5(a) of this Act. In each subsequent sale of special fuel  on
16    which  the  amount  of  tax  imposed  under this Act has been
17    collected  as  provided  in  this  Section,  the  amount   so
18    collected  shall  be  added to the selling price, so that the
19    amount of tax is paid ultimately by the user of  the  special
20    fuel.  However, no collection or payment shall be made in the
21    case of the sale or use of any special fuel  to the extent to
22    which  such  sale  or  use  of  motor fuel may not, under the
23    Constitution and statutes of the United States, be  made  the
24    subject of taxation by this State.
25        A person whose license to act as supplier of special fuel
26    has  been revoked shall, at the time of making a return, also
27    pay to the Department an amount  equal  to  the  amount  that
28    would  be collectible as a tax in the event of a sale thereof
29    on all  special  fuel,  which  he  is  required  by  the  1st
30    paragraph of Section 5a to report to the Department in making
31    a return.
32        A  supplier may make tax-free sales of special fuel, with
33    respect to which he is otherwise required to collect the tax,
34    when the motor fuel is delivered from a  dispensing  facility
 
SB1903 Enrolled            -28-      LRB093 08682 RCE 08912 b
 1    that  has withdrawal facilities capable of dispensing special
 2    fuel into the fuel supply tanks of  motor  vehicles  only  as
 3    specified in the following items 1, 2, and 3.  A supplier may
 4    make tax-free sales of special fuel, with respect to which he
 5    is  otherwise  required  to collect the tax, when the special
 6    fuel is delivered from other facilities only as specified  in
 7    the following items 1 through 7.
 8             1.  When  the sale is made to the federal government
 9        or its instrumentalities.
10             2.  When the sale is made to a municipal corporation
11        owning and operating a local  transportation  system  for
12        public service in this State when an official certificate
13        of exemption is obtained in lieu of the tax.
14             3.  When  the  sale  is  made  to  a privately owned
15        public utility  owning  and  operating  2  axle  vehicles
16        designed   and   used   for   transporting  more  than  7
17        passengers, which vehicles are used as common carriers in
18        general transportation of passengers, are not devoted  to
19        any  specialized purpose and are operated entirely within
20        the territorial limits of a single municipality or of any
21        group of contiguous municipalities, or in a close  radius
22        thereof,  and  the operations of which are subject to the
23        regulations of the Illinois Commerce Commission, when  an
24        official  certificate of exemption is obtained in lieu of
25        the tax.
26             4.  When a sale of special fuel is made to a  person
27        holding  a  valid  unrevoked  license  as a supplier or a
28        distributor by making  a  specific  notation  thereof  on
29        invoice or sales slip covering each such sale.
30             5.  When  a  sale of special fuel is made to someone
31        other than a licensed distributor  or  licensed  supplier
32        for  a  use  other  than  in  motor vehicles, by making a
33        specific notation thereof on the invoice  or  sales  slip
34        covering   such   sale   and  obtaining  such  supporting
 
SB1903 Enrolled            -29-      LRB093 08682 RCE 08912 b
 1        documentation as may be required by the  Department.  The
 2        supplier   shall   obtain   and   keep   the   supporting
 3        documentation  in such form as the Department may require
 4        by rule.
 5             6.  (Blank).
 6             7.  When a sale of special fuel is made to a  person
 7        where delivery is made outside of this State.
 8        All  special  fuel  sold or used for non-highway purposes
 9    must have a dye added in accordance with Section 4d  of  this
10    Law.
11        All suits or other proceedings brought for the purpose of
12    recovering  any taxes, interest or penalties due the State of
13    Illinois under this Act may be maintained in the name of  the
14    Department.
15    (Source: P.A. 91-173, eff. 1-1-00; 92-30, eff. 7-1-01.)

16        (35 ILCS 505/8) (from Ch. 120, par. 424)
17        Sec.  8.  Except  as  provided in Section 8a, subdivision
18    (h)(1) of Section 12a, Section 13a.6, and items 13,  14,  15,
19    and  16  of  Section 15, all money received by the Department
20    under this Act, including payments made to the Department  by
21    member  jurisdictions participating in the International Fuel
22    Tax Agreement, shall be deposited in a special  fund  in  the
23    State treasury, to be known as the "Motor Fuel Tax Fund", and
24    shall be used as follows:
25        (a)  2  1/2  cents  per  gallon  of  the tax collected on
26    special fuel under paragraph (b) of Section 2 and Section 13a
27    of this Act shall be transferred to  the  State  Construction
28    Account Fund in the State Treasury;
29        (b)  $420,000  shall  be  transferred  each  month to the
30    State Boating Act Fund  to  be  used  by  the  Department  of
31    Natural  Resources for the purposes specified in Article X of
32    the Boat Registration and Safety Act;
33        (c)  $2,250,000 shall be transferred each  month  to  the
 
SB1903 Enrolled            -30-      LRB093 08682 RCE 08912 b
 1    Grade  Crossing  Protection  Fund  to be used as follows: not
 2    less than $6,000,000 each fiscal year shall be used  for  the
 3    construction   or   reconstruction   of  rail  highway  grade
 4    separation structures; beginning with fiscal  year  1997  and
 5    ending in fiscal year 2000, $1,500,000, beginning with fiscal
 6    year  2001  and  ending  in fiscal year 2003, $2,250,000, and
 7    $750,000 in fiscal year 2004 and each fiscal year  thereafter
 8    shall  be  transferred  to the Transportation Regulatory Fund
 9    and shall be accounted  for  as  part  of  the  rail  carrier
10    portion  of  such  funds and shall be used to pay the cost of
11    administration of the Illinois Commerce Commission's railroad
12    safety program in connection with its duties under subsection
13    (3) of Section 18c-7401 of the Illinois  Vehicle  Code,  with
14    the  remainder to be used by the Department of Transportation
15    upon order of the Illinois Commerce Commission, to  pay  that
16    part  of the cost apportioned by such Commission to the State
17    to cover the interest of the public in the use  of  highways,
18    roads,  streets, or pedestrian walkways in the county highway
19    system, township  and  district  road  system,  or  municipal
20    street system as defined in the Illinois Highway Code, as the
21    same  may  from  time  to  time be amended, for separation of
22    grades, for installation, construction or  reconstruction  of
23    crossing protection or reconstruction, alteration, relocation
24    including construction or improvement of any existing highway
25    necessary  for access to property or improvement of any grade
26    crossing including the necessary highway  approaches  thereto
27    of any railroad across the highway or public road, or for the
28    installation, construction, reconstruction, or maintenance of
29    a  pedestrian  walkway over or under a railroad right-of-way,
30    as provided for in and in accordance with Section 18c-7401 of
31    the Illinois Vehicle Code. The  Commission  shall  not  order
32    more  than  $2,000,000  per year in Grade Crossing Protection
33    Fund moneys for pedestrian walkways. In entering  orders  for
34    projects   for   which   payments  from  the  Grade  Crossing
 
SB1903 Enrolled            -31-      LRB093 08682 RCE 08912 b
 1    Protection Fund will be made, the  Commission  shall  account
 2    for  expenditures  authorized  by the orders on a cash rather
 3    than an accrual basis.  For purposes of this  requirement  an
 4    "accrual basis" assumes that the total cost of the project is
 5    expended  in  the  fiscal year in which the order is entered,
 6    while a "cash basis" allocates the cost of the project  among
 7    fiscal  years as expenditures are actually made.  To meet the
 8    requirements  of  this  subsection,  the  Illinois   Commerce
 9    Commission  shall  develop annual and 5-year project plans of
10    rail crossing capital improvements that will be paid for with
11    moneys from the Grade Crossing Protection Fund.   The  annual
12    project  plan  shall  identify  projects  for  the succeeding
13    fiscal year  and  the  5-year  project  plan  shall  identify
14    projects  for  the  5  directly succeeding fiscal years.  The
15    Commission shall submit the annual and 5-year  project  plans
16    for  this  Fund to the Governor, the President of the Senate,
17    the Senate Minority Leader,  the  Speaker  of  the  House  of
18    Representatives,  and  the  Minority  Leader  of the House of
19    Representatives on the first Wednesday in April of each year;
20        (d)  of the amount remaining after  allocations  provided
21    for  in  subsections  (a),  (b)  and (c), a sufficient amount
22    shall be reserved to pay all of the following:
23             (1)  the costs  of  the  Department  of  Revenue  in
24        administering this Act;
25             (2)  the  costs  of the Department of Transportation
26        in performing its duties imposed by the Illinois  Highway
27        Code  for  supervising  the  use  of motor fuel tax funds
28        apportioned  to   municipalities,   counties   and   road
29        districts;
30             (3)  refunds  provided for in Section 13 of this Act
31        and  under  the  terms  of  the  International  Fuel  Tax
32        Agreement referenced in Section 14a;
33             (4)  from October 1, 1985 until June 30,  1994,  the
34        administration  of  the Vehicle Emissions Inspection Law,
 
SB1903 Enrolled            -32-      LRB093 08682 RCE 08912 b
 1        which  amount  shall  be   certified   monthly   by   the
 2        Environmental  Protection Agency to the State Comptroller
 3        and  shall  promptly  be   transferred   by   the   State
 4        Comptroller and Treasurer from the Motor Fuel Tax Fund to
 5        the  Vehicle  Inspection Fund, and for the period July 1,
 6        1994 through June 30, 2000,  one-twelfth  of  $25,000,000
 7        each  month, and for the period July 1, 2000 through June
 8        30, 2003 2006, one-twelfth  of  $30,000,000  each  month,
 9        and  $15,000,000  on  July  1,  2003,  and $15,000,000 on
10        January 1 and $15,000,000 on July 1 of each calendar year
11        for the period January 1, 2004 through June 30, 2006, for
12        the administration of the  Vehicle  Emissions  Inspection
13        Law  of  1995, to be transferred by the State Comptroller
14        and Treasurer from the  Motor  Fuel  Tax  Fund  into  the
15        Vehicle Inspection Fund;
16             (5)  amounts  ordered  paid  by the Court of Claims;
17        and
18             (6)  payment of motor fuel use taxes due  to  member
19        jurisdictions  under  the terms of the International Fuel
20        Tax  Agreement.   The  Department  shall  certify   these
21        amounts to the Comptroller by the 15th day of each month;
22        the  Comptroller  shall cause orders to be drawn for such
23        amounts, and the Treasurer shall administer those amounts
24        on or before the last day of each month;
25        (e)  after allocations for  the  purposes  set  forth  in
26    subsections (a), (b), (c) and (d), the remaining amount shall
27    be apportioned as follows:
28             (1)  Until  January  1,  2000,  58.4%, and beginning
29        January 1, 2000, 45.6% shall be deposited as follows:
30                  (A)  37% into the  State  Construction  Account
31             Fund, and
32                  (B)  63%  into  the  Road  Fund,  $1,250,000 of
33             which  shall  be  reserved  each   month   for   the
34             Department   of   Transportation   to   be  used  in
 
SB1903 Enrolled            -33-      LRB093 08682 RCE 08912 b
 1             accordance with the  provisions  of  Sections  6-901
 2             through 6-906 of the Illinois Highway Code;
 3             (2)  Until  January  1,  2000,  41.6%, and beginning
 4        January 1,  2000,  54.4%  shall  be  transferred  to  the
 5        Department   of   Transportation  to  be  distributed  as
 6        follows:
 7                  (A)  49.10% to the municipalities of the State,
 8                  (B)  16.74% to the counties of the State having
 9             1,000,000 or more inhabitants,
10                  (C)  18.27% to the counties of the State having
11             less than 1,000,000 inhabitants,
12                  (D)  15.89% to the road districts of the State.
13        As soon as may be after the first day of each  month  the
14    Department of Transportation shall allot to each municipality
15    its   share   of   the  amount  apportioned  to  the  several
16    municipalities which shall be in proportion to the population
17    of such municipalities as determined by  the  last  preceding
18    municipal  census  if  conducted by the Federal Government or
19    Federal census. If territory is annexed to  any  municipality
20    subsequent  to  the  time  of  the  last preceding census the
21    corporate authorities of such municipality may cause a census
22    to be taken of such annexed territory and the  population  so
23    ascertained   for  such  territory  shall  be  added  to  the
24    population of the municipality  as  determined  by  the  last
25    preceding census for the purpose of determining the allotment
26    for that municipality.  If the population of any municipality
27    was  not  determined by the last Federal census preceding any
28    apportionment, the apportionment to such  municipality  shall
29    be  in accordance with any census taken by such municipality.
30    Any municipal census used in  accordance  with  this  Section
31    shall be certified to the Department of Transportation by the
32    clerk of such municipality, and the accuracy thereof shall be
33    subject  to  approval  of  the Department which may make such
34    corrections as it ascertains to be necessary.
 
SB1903 Enrolled            -34-      LRB093 08682 RCE 08912 b
 1        As soon as may be after the first day of each  month  the
 2    Department  of  Transportation shall allot to each county its
 3    share of the amount apportioned to the  several  counties  of
 4    the  State  as herein provided. Each allotment to the several
 5    counties having less than 1,000,000 inhabitants shall  be  in
 6    proportion  to  the  amount  of  motor  vehicle  license fees
 7    received from the residents of such  counties,  respectively,
 8    during  the  preceding  calendar year. The Secretary of State
 9    shall, on or before April 15 of each year,  transmit  to  the
10    Department  of  Transportation  a  full  and  complete report
11    showing the amount of motor  vehicle  license  fees  received
12    from  the  residents of each county, respectively, during the
13    preceding calendar year.  The  Department  of  Transportation
14    shall,  each  month, use for allotment purposes the last such
15    report received from the Secretary of State.
16        As soon as may be after the first day of each month,  the
17    Department  of  Transportation  shall  allot  to  the several
18    counties their share of the amount apportioned for the use of
19    road districts.  The allotment shall be apportioned among the
20    several counties in the State in  the  proportion  which  the
21    total mileage of township or district roads in the respective
22    counties  bears  to  the  total  mileage  of all township and
23    district roads in the State. Funds allotted to the respective
24    counties for the use  of  road  districts  therein  shall  be
25    allocated  to the several road districts in the county in the
26    proportion which  the  total  mileage  of  such  township  or
27    district  roads in the respective road districts bears to the
28    total mileage of all such township or district roads  in  the
29    county.   After  July  1  of any year, no allocation shall be
30    made for any road district unless it levied a  tax  for  road
31    and  bridge  purposes  in  an  amount  which will require the
32    extension of such tax against the  taxable  property  in  any
33    such  road district at a rate of not less than either .08% of
34    the value thereof, based upon the  assessment  for  the  year
 
SB1903 Enrolled            -35-      LRB093 08682 RCE 08912 b
 1    immediately  prior  to  the year in which such tax was levied
 2    and as equalized by the Department of Revenue or,  in  DuPage
 3    County,  an  amount equal to or greater than $12,000 per mile
 4    of  road  under  the  jurisdiction  of  the  road   district,
 5    whichever is less.  If any road district has levied a special
 6    tax  for  road purposes pursuant to Sections 6-601, 6-602 and
 7    6-603 of the Illinois Highway Code, and such tax  was  levied
 8    in  an  amount which would require extension at a rate of not
 9    less than .08% of the value of the taxable property  thereof,
10    as equalized or assessed by the Department of Revenue, or, in
11    DuPage County, an amount equal to or greater than $12,000 per
12    mile  of  road  under  the jurisdiction of the road district,
13    whichever is less, such levy  shall,  however,  be  deemed  a
14    proper  compliance  with  this Section and shall qualify such
15    road district for an allotment  under  this  Section.   If  a
16    township  has  transferred  to the road and bridge fund money
17    which, when added to the amount of any tax levy of  the  road
18    district  would  be  the  equivalent  of a tax levy requiring
19    extension at a rate of at least .08%,  or, in DuPage  County,
20    an  amount  equal to or greater than $12,000 per mile of road
21    under the jurisdiction of the  road  district,  whichever  is
22    less,  such  transfer, together with any such tax levy, shall
23    be deemed a proper compliance with  this  Section  and  shall
24    qualify  the  road  district  for  an  allotment  under  this
25    Section.
26        In  counties in which a property tax extension limitation
27    is imposed under the Property Tax Extension  Limitation  Law,
28    road  districts  may retain their entitlement to a motor fuel
29    tax allotment if, at the  time  the  property  tax  extension
30    limitation  was imposed, the road district was levying a road
31    and bridge tax at a rate sufficient to entitle it to a  motor
32    fuel   tax  allotment  and  continues  to  levy  the  maximum
33    allowable amount after the imposition  of  the  property  tax
34    extension   limitation.    Any   road  district  may  in  all
 
SB1903 Enrolled            -36-      LRB093 08682 RCE 08912 b
 1    circumstances retain its entitlement  to  a  motor  fuel  tax
 2    allotment  if  it  levied  a road and bridge tax in an amount
 3    that will require  the  extension  of  the  tax  against  the
 4    taxable  property  in the road district at a rate of not less
 5    than 0.08% of the assessed value of the property, based  upon
 6    the assessment for the year immediately preceding the year in
 7    which  the  tax was levied and as equalized by the Department
 8    of Revenue or, in  DuPage  County,  an  amount  equal  to  or
 9    greater  than $12,000 per mile of road under the jurisdiction
10    of the road district, whichever is less.
11        As used in this Section the term  "road  district"  means
12    any  road  district,  including  a county unit road district,
13    provided for by the  Illinois  Highway  Code;  and  the  term
14    "township  or  district  road" means any road in the township
15    and district road system as defined in the  Illinois  Highway
16    Code.  For the purposes of this Section, "road district" also
17    includes   park  districts,  forest  preserve  districts  and
18    conservation  districts  organized  under  Illinois  law  and
19    "township or district road" also includes such roads  as  are
20    maintained  by  park districts, forest preserve districts and
21    conservation districts.   The  Department  of  Transportation
22    shall  determine  the  mileage  of  all township and district
23    roads for the purposes of making allotments  and  allocations
24    of motor fuel tax funds for use in road districts.
25        Payment  of  motor  fuel tax moneys to municipalities and
26    counties  shall  be  made  as  soon  as  possible  after  the
27    allotment is made.  The  treasurer  of  the  municipality  or
28    county may invest these funds until their use is required and
29    the  interest earned by these investments shall be limited to
30    the same uses as the principal funds.
31    (Source:  P.A.  91-37,  eff.  7-1-99;  91-59,  eff.  6-30-99;
32    91-173, eff.  1-1-00;  91-357,  eff.  7-29-99;  91-704,  eff.
33    7-1-00; 91-725, eff. 6-2-00; 91-794, eff. 6-9-00; 92-16, eff.
34    6-28-01; 92-30, eff. 7-1-01.)
 
SB1903 Enrolled            -37-      LRB093 08682 RCE 08912 b
 1        Section  50-40.  The  Uniform Penalty and Interest Act is
 2    amended by changing  Sections  3-2  and  3-3  and  by  adding
 3    Section 3-4.5 as follows:

 4        (35 ILCS 735/3-2) (from Ch. 120, par. 2603-2)
 5        Sec. 3-2.  Interest.
 6        (a)  Interest  paid  by  the  Department to taxpayers and
 7    interest charged to taxpayers by the Department shall be paid
 8    at the annual rate determined by the Department. For  periods
 9    prior to January 1, 2004, that rate shall be the underpayment
10    rate  established under Section 6621 of the  Internal Revenue
11    Code. For periods after December 31, 2003,  that  rate  shall
12    be:
13             (1)  for the one-year period beginning with the date
14        of  underpayment  or  overpayment, the short-term federal
15        rate established  under  Section  6621  of  the  Internal
16        Revenue Code.
17             (2)  for  any  period  beginning  the  day after the
18        one-year  period  described  in  paragraph  (1)  of  this
19        subsection (a), the underpayment rate  established  under
20        Section 6621 of the Internal Revenue Code.
21        (b)  The  interest rate shall be adjusted on a semiannual
22    basis, on January 1 and July 1, based upon  the  underpayment
23    rate  or  short-term  federal  rate going into effect on that
24    January 1 or July  1  under  Section  6621  of  the  Internal
25    Revenue Code.
26        (c)  This  subsection (c) is applicable to returns due on
27    and before  December  31,  2000.  Interest  shall  be  simple
28    interest  calculated  on a daily basis. Interest shall accrue
29    upon tax and penalty due.  If notice and demand is  made  for
30    the payment of any amount of tax due and if the amount due is
31    paid within 30 days after the date of such notice and demand,
32    interest  under  this Section on the amount so paid shall not
33    be imposed for the period after the date of  the  notice  and
 
SB1903 Enrolled            -38-      LRB093 08682 RCE 08912 b
 1    demand.
 2        (c-5)  This subsection (c-5) is applicable to returns due
 3    on  and  after  January  1,  2001.   Interest shall be simple
 4    interest calculated on a daily basis.  Interest shall  accrue
 5    upon  tax  due.  If notice and demand is made for the payment
 6    of any amount of tax due and if the amount due is paid within
 7    30 days after the date of the  notice  and  demand,  interest
 8    under this Section on the amount so paid shall not be imposed
 9    for the period after the date of the notice and demand.
10        (d)  No  interest  shall  be paid upon any overpayment of
11    tax if the overpayment  is  refunded  or  a  credit  approved
12    within  90 days after the last date prescribed for filing the
13    original return, or within 90 days  of  the  receipt  of  the
14    processable  return,  or  within  90  days  after the date of
15    overpayment, whichever date is latest, as determined  without
16    regard  to  processing  time  by  the  Comptroller or without
17    regard to the date on which the  credit  is  applied  to  the
18    taxpayer's  account.  In  order  for an original return to be
19    processable for purposes of this Section, it must be  in  the
20    form  prescribed or approved by the Department, signed by the
21    person  authorized  by  law,  and  contain  all  information,
22    schedules, and support documents necessary to  determine  the
23    tax  due and to make allocations of tax as prescribed by law.
24    For the purposes of computing interest,  a  return  shall  be
25    deemed  to  be processable unless the Department notifies the
26    taxpayer that the return is not processable  within  90  days
27    after  the receipt of the return; however, interest shall not
28    accumulate for the period  following  this  date  of  notice.
29    Interest  on  amounts  refunded  or  credited pursuant to the
30    filing of an amended return or  claim  for  refund  shall  be
31    determined  from  the  due date of the original return or the
32    date of overpayment, whichever  is  later,  to  the  date  of
33    payment  by  the Department without regard to processing time
34    by the Comptroller or the date of credit by the Department or
 
SB1903 Enrolled            -39-      LRB093 08682 RCE 08912 b
 1    without regard to the date on which the credit is applied  to
 2    the  taxpayer's  account. If a claim for refund relates to an
 3    overpayment attributable to a net loss carryback as  provided
 4    by  Section  207  of the Illinois Income Tax Act, the date of
 5    overpayment shall be the last day  of  the  taxable  year  in
 6    which the loss was incurred.
 7        (e)  Interest  on  erroneous  refunds. Any portion of the
 8    tax imposed by an Act to which this Act is applicable or  any
 9    interest  or  penalty which has been erroneously refunded and
10    which is recoverable by the Department  shall  bear  interest
11    from  the date of payment of the refund. However, no interest
12    will be charged if the erroneous refund is for an amount less
13    than $500 and is due to a mistake of the Department.
14    (Source: P.A. 91-803, eff. 1-1-01.)

15        (35 ILCS 735/3-3) (from Ch. 120, par. 2603-3)
16        Sec. 3-3.  Penalty for failure to file or pay.
17        (a)  This subsection (a) is applicable before January  1,
18    1996.  A penalty of 5% of the tax required to be shown due on
19    a  return shall be imposed for failure to file the tax return
20    on or before the due date prescribed  for  filing  determined
21    with regard for any extension of time for filing (penalty for
22    late  filing  or  nonfiling).  If any unprocessable return is
23    corrected and filed  within  21  days  after  notice  by  the
24    Department,  the  late  filing or nonfiling penalty shall not
25    apply.  If a penalty for late filing or nonfiling is  imposed
26    in  addition to a penalty for late payment, the total penalty
27    due shall be the sum of  the  late  filing  penalty  and  the
28    applicable  late  payment penalty. Beginning on the effective
29    date of this amendatory Act of 1995, in the case of any  type
30    of  tax  return  required  to  be  filed more frequently than
31    annually, when the failure to  file  the  tax  return  on  or
32    before   the   date  prescribed  for  filing  (including  any
33    extensions) is shown to be nonfraudulent and has not occurred
 
SB1903 Enrolled            -40-      LRB093 08682 RCE 08912 b
 1    in the 2 years immediately preceding the failure to  file  on
 2    the  prescribed  due  date,  the  penalty  imposed by Section
 3    3-3(a) shall be abated.
 4        (a-5)  This subsection (a-5) is applicable to returns due
 5    on and after January 1, 1996 and on or  before  December  31,
 6    2000.  A  penalty equal to 2% of the tax required to be shown
 7    due on a return, up to a maximum amount of  $250,  determined
 8    without regard to any part of the tax that is paid on time or
 9    by  any  credit  that  was properly allowable on the date the
10    return was required to be filed, shall be imposed for failure
11    to file the tax return on or before the due  date  prescribed
12    for  filing  determined with regard for any extension of time
13    for filing. However, if any return is  not  filed  within  30
14    days  after  notice  of nonfiling mailed by the Department to
15    the  last  known  address  of  the  taxpayer   contained   in
16    Department  records,  an  additional  penalty amount shall be
17    imposed equal to the greater of $250 or 2% of the  tax  shown
18    on  the  return.   However, the additional penalty amount may
19    not exceed $5,000 and is determined  without  regard  to  any
20    part  of  the  tax that is paid on time or by any credit that
21    was properly allowable on the date the return was required to
22    be filed (penalty for late  filing  or  nonfiling).   If  any
23    unprocessable  return  is  corrected and filed within 30 days
24    after notice by the Department, the late filing or  nonfiling
25    penalty  shall  not  apply.   If a penalty for late filing or
26    nonfiling is imposed  in  addition  to  a  penalty  for  late
27    payment,  the  total penalty due shall be the sum of the late
28    filing penalty and the applicable late  payment  penalty.  In
29    the  case of any type of tax return required to be filed more
30    frequently than annually, when the failure to  file  the  tax
31    return on or before the date prescribed for filing (including
32    any  extensions)  is  shown  to  be nonfraudulent and has not
33    occurred in the 2 years immediately preceding the failure  to
34    file  on  the  prescribed  due  date,  the penalty imposed by
 
SB1903 Enrolled            -41-      LRB093 08682 RCE 08912 b
 1    Section 3-3(a-5) shall be abated.
 2        (a-10)  This subsection (a-10) is applicable  to  returns
 3    due  on  and  after January 1, 2001. A penalty equal to 2% of
 4    the tax required to be shown due on a return, up to a maximum
 5    amount of $250, reduced by any tax that is paid on time or by
 6    any credit that was properly allowable on the date the return
 7    was required to be filed, shall be  imposed  for  failure  to
 8    file  the tax return on or before the due date prescribed for
 9    filing determined with regard for any extension of  time  for
10    filing.  However,  if  any return is not filed within 30 days
11    after notice of nonfiling mailed by  the  Department  to  the
12    last  known  address  of the taxpayer contained in Department
13    records, an additional penalty amount shall be imposed  equal
14    to  the greater of $250 or 2% of the tax shown on the return.
15    However, the additional penalty amount may not exceed  $5,000
16    and  is determined without regard to any part of the tax that
17    is paid on time or by any credit that was properly  allowable
18    on  the date the return was required to be filed (penalty for
19    late filing or nonfiling).  If any  unprocessable  return  is
20    corrected  and  filed  within  30  days  after  notice by the
21    Department, the late filing or nonfiling  penalty  shall  not
22    apply.   If a penalty for late filing or nonfiling is imposed
23    in addition to a penalty for late payment, the total  penalty
24    due  shall  be  the  sum  of  the late filing penalty and the
25    applicable late payment penalty. In the case of any  type  of
26    tax   return  required  to  be  filed  more  frequently  than
27    annually, when the failure to  file  the  tax  return  on  or
28    before   the   date  prescribed  for  filing  (including  any
29    extensions) is shown to be nonfraudulent and has not occurred
30    in the 2 years immediately preceding the failure to  file  on
31    the  prescribed  due  date,  the  penalty  imposed by Section
32    3-3(a-10) shall be abated.
33        (b)  This subsection  is  applicable  before  January  1,
34    1998.  A penalty of 15% of the tax shown on the return or the
 
SB1903 Enrolled            -42-      LRB093 08682 RCE 08912 b
 1    tax required to be shown due on the return shall  be  imposed
 2    for failure to pay:
 3             (1)  the  tax  shown  due on the return on or before
 4        the due date prescribed  for  payment  of  that  tax,  an
 5        amount  of  underpayment  of  estimated tax, or an amount
 6        that is reported in  an  amended  return  other  than  an
 7        amended return timely filed as required by subsection (b)
 8        of  Section  506  of the Illinois Income Tax Act (penalty
 9        for late payment or nonpayment of admitted liability); or
10             (2)  the full amount of any tax required to be shown
11        due on a return and which is not shown (penalty for  late
12        payment or nonpayment of additional liability), within 30
13        days  after  a  notice  of  arithmetic  error, notice and
14        demand,  or  a  final  assessment  is   issued   by   the
15        Department.  In  the  case  of a final assessment arising
16        following a protest and hearing, the 30-day period  shall
17        not  begin  until  all proceedings in court for review of
18        the final assessment have terminated or  the  period  for
19        obtaining  a review has expired without proceedings for a
20        review having been instituted.  In the case of  a  notice
21        of  tax liability that becomes a final assessment without
22        a protest and  hearing,  the  penalty  provided  in  this
23        paragraph  (2)  shall be imposed at the expiration of the
24        period provided for the filing of a protest.
25        (b-5)  This subsection is applicable to  returns  due  on
26    and after January 1, 1998 and on or before December 31, 2000.
27    A  penalty  of  20% of the tax shown on the return or the tax
28    required to be shown due on the return shall be  imposed  for
29    failure to pay:
30             (1)  the  tax  shown  due on the return on or before
31        the due date prescribed  for  payment  of  that  tax,  an
32        amount  of  underpayment  of  estimated tax, or an amount
33        that is reported in  an  amended  return  other  than  an
34        amended return timely filed as required by subsection (b)
 
SB1903 Enrolled            -43-      LRB093 08682 RCE 08912 b
 1        of  Section  506  of the Illinois Income Tax Act (penalty
 2        for late payment or nonpayment of admitted liability); or
 3             (2)  the full amount of any tax required to be shown
 4        due on a return and which is not shown (penalty for  late
 5        payment or nonpayment of additional liability), within 30
 6        days  after  a  notice  of  arithmetic  error, notice and
 7        demand,  or  a  final  assessment  is   issued   by   the
 8        Department.  In  the  case  of a final assessment arising
 9        following a protest and hearing, the 30-day period  shall
10        not  begin  until  all proceedings in court for review of
11        the final assessment have terminated or  the  period  for
12        obtaining  a review has expired without proceedings for a
13        review having been instituted.  In the case of  a  notice
14        of  tax liability that becomes a final assessment without
15        a protest and  hearing,  the  penalty  provided  in  this
16        paragraph  (2)  shall be imposed at the expiration of the
17        period provided for the filing of a protest.
18        (b-10)  This subsection (b-10) is applicable  to  returns
19    due  on  and  after January 1, 2001 and on or before December
20    31, 2003.  A penalty shall be imposed for failure to pay:
21             (1)  the tax shown due on a return on or before  the
22        due date prescribed for payment of that tax, an amount of
23        underpayment  of  estimated  tax,  or  an  amount that is
24        reported in an  amended  return  other  than  an  amended
25        return  timely  filed  as  required  by subsection (b) of
26        Section 506 of the Illinois Income Tax Act  (penalty  for
27        late  payment  or nonpayment of admitted liability).  The
28        amount of penalty imposed under this subsection (b-10)(1)
29        shall be 2% of any amount that is paid no later  than  30
30        days  after  the  due date, 5% of any amount that is paid
31        later than 30 days after the due date and not later  than
32        90  days  after  the  due date, 10% of any amount that is
33        paid later than 90 days after the due date and not  later
34        than  180  days after the due date, and 15% of any amount
 
SB1903 Enrolled            -44-      LRB093 08682 RCE 08912 b
 1        that is paid later than 180 days after the due  date.  If
 2        notice  and  demand is made for the payment of any amount
 3        of tax due and if the amount due is paid within  30  days
 4        after the date of the notice and demand, then the penalty
 5        for  late  payment  or  nonpayment  of admitted liability
 6        under this subsection (b-10)(1) on  the  amount  so  paid
 7        shall  not  accrue  for  the period after the date of the
 8        notice and demand.
 9             (2)  the full amount of any tax required to be shown
10        due on a return and that is not shown (penalty  for  late
11        payment or nonpayment of additional liability), within 30
12        days  after  a  notice  of  arithmetic  error, notice and
13        demand,  or  a  final  assessment  is   issued   by   the
14        Department.   In  the  case of a final assessment arising
15        following a protest and hearing, the 30-day period  shall
16        not  begin  until  all proceedings in court for review of
17        the final assessment have terminated or  the  period  for
18        obtaining  a review has expired without proceedings for a
19        review having been instituted.   The  amount  of  penalty
20        imposed  under  this subsection (b-10)(2) shall be 20% of
21        any amount that is not paid within the 30-day period.  In
22        the case of a notice of  tax  liability  that  becomes  a
23        final  assessment  without  a  protest  and  hearing, the
24        penalty provided in this subsection  (b-10)(2)  shall  be
25        imposed  at the expiration of the period provided for the
26        filing of a protest.
27        (b-15)  This subsection (b-15) is applicable  to  returns
28    due on and after January 1, 2004.
29             (1)  A  penalty  shall be imposed for failure to pay
30        the tax shown due or required to be shown due on a return
31        on or before the due date prescribed for payment of  that
32        tax,  an  amount  of underpayment of estimated tax, or an
33        amount that is reported in an amended return  other  than
34        an  amended return timely filed as required by subsection
 
SB1903 Enrolled            -45-      LRB093 08682 RCE 08912 b
 1        (b) of  Section  506  of  the  Illinois  Income  Tax  Act
 2        (penalty  for  late  payment  or  nonpayment  of admitted
 3        liability). The amount  of  penalty  imposed  under  this
 4        subsection  (b-15)(1)  shall  be 2% of any amount that is
 5        paid no later than 30 days after the due date, 10% of any
 6        amount that is paid later than 30 days after the due date
 7        and not later than 90 days after the due date, 15% of any
 8        amount that is paid later than 90 days after the due date
 9        and not later than 180 days after the due date,  and  20%
10        of  any amount that is paid later than 180 days after the
11        due date. If notice and demand is made for the payment of
12        any amount of tax due and  if  the  amount  due  is  paid
13        within  30 days after the date of this notice and demand,
14        then the  penalty  for  late  payment  or  nonpayment  of
15        admitted liability under this subsection (b-15)(1) on the
16        amount  so paid shall not accrue for the period after the
17        date of the notice and demand.
18             (2)  A penalty shall be imposed for failure to  file
19        a return or to show on a timely return the full amount of
20        any  tax required to be shown due.  The amount of penalty
21        imposed under this subsection (b-15)(2) shall be:
22                  (A)  5% of any amount of  tax  (other  than  an
23             amount properly reported on an amended return timely
24             filed  as  required by subsection (b) of Section 506
25             of the Illinois Income Tax Act) that is shown  on  a
26             return or amended return filed prior to the date the
27             Department  has  initiated an audit or investigation
28             of the taxpayer;
29                  (B)  10% of any amount of tax  (other  than  an
30             amount properly reported on an amended return timely
31             filed  as  required by subsection (b) of Section 506
32             of the Illinois Income Tax Act) that is shown  on  a
33             return  or amended return filed on or after the date
34             the   Department   has   initiated   an   audit   or
 
SB1903 Enrolled            -46-      LRB093 08682 RCE 08912 b
 1             investigation of the taxpayer, but prior to the date
 2             any notice of deficiency, notice of  tax  liability,
 3             notice  of  assessment or notice of final assessment
 4             is issued by the  Department  with  respect  to  any
 5             portion of such underreported amount; or
 6                  (C)  20%  of any amount that is not reported on
 7             a return or amended return filed prior to  the  date
 8             any  notice  of deficiency, notice of tax liability,
 9             notice of assessment or notice of  final  assessment
10             is  issued  by  the  Department  with respect to any
11             portion of such underreported amount.
12        (c)  For purposes of  the  late  payment  penalties,  the
13    basis of the penalty shall be the tax shown or required to be
14    shown  on  a  return, whichever is applicable, reduced by any
15    part of the tax which is paid on time and by any credit which
16    was properly allowable on the date the return was required to
17    be filed.
18        (d)  A penalty shall be applied to the tax required to be
19    shown even if that amount is less than the tax shown  on  the
20    return.
21        (e)  This  subsection  (e)  is  applicable to returns due
22    before January 1,  2001.  If  both  a  subsection  (b)(1)  or
23    (b-5)(1)  penalty and a subsection (b)(2) or (b-5)(2) penalty
24    are assessed against the same return, the  subsection  (b)(2)
25    or  (b-5)(2)  penalty  shall  be  assessed  against  only the
26    additional tax found to be due.
27        (e-5)  This subsection (e-5) is applicable to returns due
28    on and after January 1, 2001. If both a subsection  (b-10)(1)
29    penalty  and  a  subsection  (b-10)(2)  penalty  are assessed
30    against the same return,  the  subsection  (b-10)(2)  penalty
31    shall be assessed against only the additional tax found to be
32    due.
33        (f)  If  the  taxpayer has failed to file the return, the
34    Department shall determine the correct tax according  to  its
 
SB1903 Enrolled            -47-      LRB093 08682 RCE 08912 b
 1    best  judgment  and  information, which amount shall be prima
 2    facie evidence of the correctness of the tax due.
 3        (g)  The time within which to file a  return  or  pay  an
 4    amount  of  tax  due without imposition of a penalty does not
 5    extend the time within which to file a protest to a notice of
 6    tax liability or a notice of deficiency.
 7        (h)  No return shall be determined  to  be  unprocessable
 8    because  of  the omission of any information requested on the
 9    return pursuant to Section  2505-575  of  the  Department  of
10    Revenue Law (20 ILCS 2505/2505-575).
11    (Source: P.A.  91-239,  eff.  1-1-00;  91-803,  eff.  1-1-01;
12    92-742, eff. 7-25-02.)

13        (35 ILCS 735/3-4.5 new)
14        Sec. 3-4.5.  Collection penalty.
15        (a)   If  any  liability  (including  any  liability  for
16    penalties or interest imposed  under  this  Act)  owed  by  a
17    taxpayer  with  respect to any return due on or after July 1,
18    2003, is not paid in full prior  to  the  date  specified  in
19    subsection (b) of this Section, a collection penalty shall be
20    imposed on the taxpayer. The penalty shall be deemed assessed
21    as  of  the  date specified in subsection (b) of this Section
22    and shall be considered additional State tax of the  taxpayer
23    imposed under the law under which the tax being collected was
24    imposed.
25        (b)  The  penalty  under  subsection  (a) of this Section
26    shall be imposed if full payment is not received prior to the
27    31st day after a notice and demand, a  notice  of  additional
28    tax  due  or  a  request  for payment of a final liability is
29    issued by the Department.
30        (c) The penalty imposed under this Section shall be:
31             (1) $30 in any case  in  which  the  amount  of  the
32        liability  shown  on  the  notice  and  demand, notice of
33        additional tax due, or other  request  for  payment  that
 
SB1903 Enrolled            -48-      LRB093 08682 RCE 08912 b
 1        remains unpaid as of the date specified in subsection (b)
 2        of this Section is less than $1,000; or
 3             (2)  $100  in  any  case  in which the amount of the
 4        liability shown on  the  notice  and  demand,  notice  of
 5        additional  tax  due,  or  other request for payment that
 6        remains unpaid as of the date specified in subsection (b)
 7        of this Section is $1,000 or more.

 8        Section 50-50.  The Illinois Insurance Code is amended by
 9    adding Section 416 as follows:

10        (215 ILCS 5/416 new)
11        Sec.   416.  Industrial   Commission   Operations    Fund
12    Surcharge.
13        (a)  As  of  the effective date of this amendatory Act of
14    the  93rd  General  Assembly,  every  company   licensed   or
15    authorized  by  the  Illinois  Department  of  Insurance  and
16    insuring  employers'  liabilities  arising under the Workers'
17    Compensation Act or the Workers'  Occupational  Diseases  Act
18    shall remit to the Director a surcharge based upon the annual
19    direct written premium, as reported under Section 136 of this
20    Act,  of  the company in the manner provided in this Section.
21    Such  proceeds  shall  be  deposited  into   the   Industrial
22    Commission  Operations  Fund  as  established in the Workers'
23    Compensation Act. If a company survives or was  formed  by  a
24    merger,  consolidation,  reorganization,  or reincorporation,
25    the direct written premiums of all  companies  party  to  the
26    merger,  consolidation,  reorganization,  or  reincorporation
27    shall,  for  purposes  of  determining  the amount of the fee
28    imposed  by  this  Section,  be  regarded  as  those  of  the
29    surviving or new company.
30        (b)(1)  Except as provided in subsection (b)(2)  of  this
31    Section,  beginning on July 1, 2004 and each year thereafter,
32    the Director shall charge  an  annual  Industrial  Commission
 
SB1903 Enrolled            -49-      LRB093 08682 RCE 08912 b
 1    Operations  Fund  Surcharge  from  every  company  subject to
 2    subsection (a) of this Section equal to 1.5%  of  its  direct
 3    written  premium  for insuring employers' liabilities arising
 4    under the Workers' Compensation Act or Workers'  Occupational
 5    Diseases  Act  as reported in each company's annual statement
 6    filed for the previous year as required by Section  136.  The
 7    Industrial  Commission  Operations  Fund  Surcharge  shall be
 8    collected by companies subject  to  subsection  (a)  of  this
 9    Section as a separately stated surcharge on insured employers
10    at  the  rate  of  1.5%  of direct written premium.  All sums
11    collected by the Department of Insurance under the provisions
12    of this Section shall be paid promptly after the  receipt  of
13    the  same,  accompanied by a detailed statement thereof, into
14    the  Industrial  Commission  Operations  Fund  in  the  State
15    treasury.
16        (b)(2)  Prior to July 1, 2004, the Director shall  charge
17    and collect the surcharge set forth in subparagraph (b)(1) of
18    this  Section  on  or  before  September 1, 2003, December 1,
19    2003, March 1, 2004 and June 1, 2004.  For purposes  of  this
20    subsection (b)(2), the company shall remit the amounts to the
21    Director  based  on estimated direct premium for each quarter
22    beginning on July 1, 2003, together with  a  sworn  statement
23    attesting  to  the  reasonableness  of  the estimate, and the
24    estimated amount of direct premium written forming the  bases
25    of the remittance.
26        (c)  In  addition  to  the authority specifically granted
27    under Article XXV of this Code, the Director shall have  such
28    authority  to  adopt  rules  or  establish  forms  as  may be
29    reasonably necessary for purposes of enforcing this  Section.
30    The  Director  shall  also have authority to defer, waive, or
31    abate the surcharge or any penalties imposed by this  Section
32    if  in  the  Director's  opinion  the  company's solvency and
33    ability to meet its insured obligations would be  immediately
34    threatened by payment of the surcharge due.
 
SB1903 Enrolled            -50-      LRB093 08682 RCE 08912 b
 1        (d)  When  a  company fails to pay the full amount of any
 2    annual Industrial Commission  Operations  Fund  Surcharge  of
 3    $100  or more due under this Section, there shall be added to
 4    the amount due as a penalty  the  greater  of  $1,000  or  an
 5    amount  equal  to 5% of the deficiency for each month or part
 6    of a month that the deficiency remains unpaid.
 7        (e)  The  Department  of  Insurance   may   enforce   the
 8    collection  of  any  delinquent  payment, penalty, or portion
 9    thereof by legal action or in any other manner by  which  the
10    collection of debts due the State of Illinois may be enforced
11    under the laws of this State.
12        (f)  Whenever  it  appears  to  the  satisfaction  of the
13    Director that a company has paid  pursuant  to  this  Act  an
14    Industrial  Commission Operations Fund Surcharge in an amount
15    in excess of the amount legally collectable from the company,
16    the Director shall issue a credit memorandum  for  an  amount
17    equal  to the amount of such overpayment. A credit memorandum
18    may be applied  for  the  2-year  period  from  the  date  of
19    issuance,  against  the payment of any amount due during that
20    period under  the  surcharge  imposed  by  this  Section  or,
21    subject  to  reasonable  rule  of the Department of Insurance
22    including requirement of notification, may be assigned to any
23    other company subject  to  regulation  under  this  Act.  Any
24    application of credit memoranda after the period provided for
25    in this Section is void.
26        (g)  Annually,  the  Governor may direct a transfer of up
27    to 2% of all moneys  collected  under  this  Section  to  the
28    Insurance Financial Regulation Fund.

29        Section  50-57.  The  Public  Utilities Act is amended by
30    changing Section 16-111.1 as follows:

31        (220 ILCS 5/16-111.1)
32        Sec. 16-111.1.  Illinois Clean Energy Community Trust.
 
SB1903 Enrolled            -51-      LRB093 08682 RCE 08912 b
 1        (a)  An electric utility which has  sold  or  transferred
 2    generating  facilities  in  a transaction to which subsection
 3    (k) of Section 16-111 applies is authorized to  establish  an
 4    Illinois  clean  energy community trust or foundation for the
 5    purposes of providing financial  support  and  assistance  to
 6    entities,  public  or  private,  within the State of Illinois
 7    including, but not limited  to,  units  of  State  and  local
 8    government,   educational   institutions,  corporations,  and
 9    charitable,   educational,   environmental   and    community
10    organizations,  for  programs  and  projects that benefit the
11    public by improving energy efficiency,  developing  renewable
12    energy  resources,  supporting  other energy related projects
13    that  improve  the   State's   environmental   quality,   and
14    supporting  projects  and  programs  intended  to preserve or
15    enhance the natural habitats and wildlife areas of the State.
16    Provided, however, that the trust or foundation  funds  shall
17    not  be  used for the remediation of environmentally impaired
18    property.   The  trust  or  foundation  may  also  assist  in
19    identifying   other   energy    and    environmental    grant
20    opportunities.
21        (b)  Such  trust  or  foundation  shall  be governed by a
22    declaration of trust or articles of incorporation and  bylaws
23    which shall, at a minimum, provide that:
24             (1)  There  shall  be 6 voting trustees of the trust
25        or foundation, one of whom  shall  be  appointed  by  the
26        Governor, one of whom shall be appointed by the President
27        of the Illinois Senate, one of whom shall be appointed by
28        the  Minority  Leader of the Illinois Senate, one of whom
29        shall be appointed by the Speaker of the  Illinois  House
30        of Representatives, one of whom shall be appointed by the
31        Minority Leader of the Illinois House of Representatives,
32        and  one  of  whom  shall  be  appointed  by the electric
33        utility establishing the trust  or  foundation,  provided
34        that the voting trustee appointed by the utility shall be
 
SB1903 Enrolled            -52-      LRB093 08682 RCE 08912 b
 1        a  representative  of  a  recognized environmental action
 2        group  selected  by  the  utility.   The  Governor  shall
 3        designate one of  the  6  voting  trustees  to  serve  as
 4        chairman  of  the trust or foundation, who shall serve as
 5        chairman of the trust or foundation at  the  pleasure  of
 6        the  Governor.  In  addition, there shall be 4 non-voting
 7        trustees, one of whom shall be appointed by the  Director
 8        of  the Department of Commerce and Community Affairs, one
 9        of whom  shall  be  appointed  by  the  Director  of  the
10        Illinois  Environmental  Protection  Agency,  one of whom
11        shall be appointed by the Director of the  Department  of
12        Natural  Resources, and one of whom shall be appointed by
13        the  electric   utility   establishing   the   trust   or
14        foundation,   provided   that   the   non-voting  trustee
15        appointed by the utility shall bring financial  expertise
16        to  the  trust  or  foundation and shall have appropriate
17        credentials therefor.
18             (2)  All voting trustees and the non-voting  trustee
19        with   financial   expertise   shall   be   entitled   to
20        compensation  for  their  services as trustees, provided,
21        however, that no member of the General  Assembly  and  no
22        employee  of  the electric utility establishing the trust
23        or foundation serving as a voting trustee  shall  receive
24        any  compensation  for  his or her services as a trustee,
25        and  provided  further  that  the  compensation  to   the
26        chairman  of  the trust shall not exceed $25,000 annually
27        and the compensation  to  any  other  trustee  shall  not
28        exceed  $20,000 annually.  All trustees shall be entitled
29        to reimbursement  for  reasonable  expenses  incurred  on
30        behalf of the trust in the performance of their duties as
31        trustees.  All such compensation and reimbursements shall
32        be paid out of the trust.
33             (3)  Trustees  shall  be  appointed  within  30 days
34        after the creation of the trust or foundation  and  shall
 
SB1903 Enrolled            -53-      LRB093 08682 RCE 08912 b
 1        serve  for  a term of 5 years commencing upon the date of
 2        their respective  appointments,  until  their  respective
 3        successors are appointed and qualified.
 4             (4)  A  vacancy  in  the  office of trustee shall be
 5        filled by the person holding the office  responsible  for
 6        appointing the trustee whose death or resignation creates
 7        the  vacancy,  and  a trustee appointed to fill a vacancy
 8        shall serve the remainder of  the  term  of  the  trustee
 9        whose resignation or death created the vacancy.
10             (5)  The   trust   or   foundation   shall  have  an
11        indefinite term, and shall terminate at such time  as  no
12        trust assets remain.
13             (6)  The  trust or foundation shall be funded in the
14        minimum amount of $250,000,000, with the  allocation  and
15        disbursement  of funds for the various purposes for which
16        the trust or foundation is established to  be  determined
17        by  the  trustees  in  accordance with the declaration of
18        trust  or  the  articles  of  incorporation  and  bylaws;
19        provided, however, that this amount may be reduced by  up
20        to $25,000,000 if, at the time the trust or foundation is
21        funded,  a  corresponding  amount  is  contributed by the
22        electric utility establishing the trust or foundation  to
23        the Board of Trustees of Southern Illinois University for
24        the  purpose  of  funding programs or projects related to
25        clean coal and provided further that $25,000,000  of  the
26        amount  contributed  to  the trust or foundation shall be
27        available to fund programs or projects related  to  clean
28        coal.
29             (7)  The  trust or foundation shall be authorized to
30        employ an executive  director  and  other  employees,  to
31        enter  into  leases,  contracts  and other obligations on
32        behalf of the trust or foundation, and to incur  expenses
33        that  the  trustees deem necessary or appropriate for the
34        fulfillment of  the  purposes  for  which  the  trust  or
 
SB1903 Enrolled            -54-      LRB093 08682 RCE 08912 b
 1        foundation   is   established,  provided,  however,  that
 2        salaries and administrative expenses incurred  on  behalf
 3        of  the  trust or foundation shall not exceed $500,000 in
 4        the first fiscal year after the trust  or  foundation  is
 5        established  and  shall  not  exceed  $1,000,000  in each
 6        subsequent fiscal year.
 7             (8)  The trustees may create  and  appoint  advisory
 8        boards   or   committees   to   assist   them   with  the
 9        administration of the trust or foundation, and to  advise
10        and   make   recommendations   to   them   regarding  the
11        contribution and disbursement of the trust or  foundation
12        funds.
13        (c)(1)  In addition to the allocation and disbursement of
14        funds  for  the  purposes  set forth in subsection (a) of
15        this Section, the trustees of  the  trust  or  foundation
16        shall  annually  contribute funds in amounts set forth in
17        subparagraph (2)  of  this  subsection  to  the  Citizens
18        Utility  Board created by the Citizens Utility Board Act;
19        provided, however, that any  such  funds  shall  be  used
20        solely for the representation of the interests of utility
21        consumers  before  the  Illinois Commerce Commission, the
22        Federal Energy Regulatory  Commission,  and  the  Federal
23        Communications   Commission  and  for  the  provision  of
24        consumer education on utility service and prices  and  on
25        benefits  and  methods  of energy conservation. Provided,
26        however, that no part of such  funds  shall  be  used  to
27        support   (i)  any  lobbying  activity,  (ii)  activities
28        related  to  fundraising,  (iii)  advertising  or   other
29        marketing efforts regarding a particular utility, or (iv)
30        solicitation of support for, or advocacy of, a particular
31        position  regarding  any  specific utility or a utility's
32        docketed proceeding.
33             (2)  In the calendar year  in  which  the  trust  or
34        foundation is first funded, the trustees shall contribute
 
SB1903 Enrolled            -55-      LRB093 08682 RCE 08912 b
 1        $1,000,000  to  the Citizens Utility Board within 60 days
 2        after such trust or foundation is established;  provided,
 3        however,  that  such  contribution  shall  be  made after
 4        December 31, 1999.  In  each  of  the  6  calendar  years
 5        subsequent  to  the  first  contribution, if the trust or
 6        foundation is in existence, the trustees shall contribute
 7        to the Citizens Utility Board  an  amount  equal  to  the
 8        total  expenditures  by  such  organization  in the prior
 9        calendar year, as set forth in the report  filed  by  the
10        Citizens Utility Board with the chairman of such trust or
11        foundation  as  required  by  subparagraph  (3)  of  this
12        subsection.   Such subsequent contributions shall be made
13        within 30 days of  submission  by  the  Citizens  Utility
14        Board  of  such  report  to  the Chairman of the trust or
15        foundation, but in no event shall any annual contribution
16        by the trustees to  the  Citizens  Utility  Board  exceed
17        $1,000,000.   Following  such  7-year period, an Illinois
18        statutory consumer protection  agency  may  petition  the
19        trust   or   foundation   for   contributions   to   fund
20        expenditures of the type identified in paragraph (1), but
21        in  no  event  shall annual contributions by the trust or
22        foundation for such expenditures exceed $1,000,000.
23             (3)  The Citizens Utility Board shall file a  report
24        with  the  chairman  of such trust or foundation for each
25        year in which it expends  any  funds  received  from  the
26        trust  or  foundation  setting  forth  the  amount of any
27        expenditures (regardless of the source of funds for  such
28        expenditures)   for:   (i)   the  representation  of  the
29        interests  of  utility  consumers  before  the   Illinois
30        Commerce   Commission,   the  Federal  Energy  Regulatory
31        Commission, and the  Federal  Communications  Commission,
32        and  (ii)  the provision of consumer education on utility
33        service and prices and on benefits and methods of  energy
34        conservation.    Such  report  shall separately state the
 
SB1903 Enrolled            -56-      LRB093 08682 RCE 08912 b
 1        total  amount  of  expenditures  for  the   purposes   or
 2        activities  identified  by  items  (i)  and  (ii) of this
 3        paragraph, the name and address of the external recipient
 4        of any such expenditure, if applicable, and the  specific
 5        purposes  or  activities  (including internal purposes or
 6        activities) for which each  expenditure  was  made.   Any
 7        report  required  by  this subsection shall be filed with
 8        the chairman of such trust or foundation  no  later  than
 9        March  31  of the year immediately following the year for
10        which the report is required.
11        (d) In addition to any other allocation and  disbursement
12    of  funds  in  this  Section,  the  trustees  of the trust or
13    foundation shall contribute an amount up to $125,000,000  (1)
14    for  deposit  into the General Obligation Bond Retirement and
15    Interest Fund held in the State treasury  to  assist  in  the
16    repayment on general obligation bonds issued under subsection
17    (d)  of Section 7 of the General Obligation Bond Act, and (2)
18    for  deposit  into  funds  administered  by   agencies   with
19    responsibility  for  environmental  activities  to  assist in
20    payment for environmental programs. The amount required to be
21    contributed  shall  be  provided  to  the   trustees   in   a
22    certification  letter  from the Director of the Bureau of the
23    Budget that shall be provided no later than August  1,  2003.
24    The  payment  from the trustees shall be paid to the State no
25    later than December 31st following the receipt of the letter.
26    (Source: P.A. 91-50, eff. 6-30-99; 91-781, eff. 6-9-00.)

27        Section 50-61.  The Liquor Control Act of 1934 is amended
28    by changing Section 12-4 as follows:

29        (235 ILCS 5/12-4)
30        Sec. 12-4. Grape and Wine Resources Fund.  Beginning July
31    1, 1999 and ending June 30, 2003 2004, on the  first  day  of
32    each  State  fiscal  year,  or  as  soon thereafter as may be
 
SB1903 Enrolled            -57-      LRB093 08682 RCE 08912 b
 1    practical, the State Comptroller shall transfer  the  sum  of
 2    $500,000  from the General Revenue Fund to the Grape and Wine
 3    Resources Fund, which is hereby continued as a  special  fund
 4    in the State Treasury.  By January 1, 2004, the Department of
 5    Commerce and Community Affairs shall review the activities of
 6    the  Council  and  report  to  the  General  Assembly and the
 7    Governor its recommendation of whether  or  not  the  funding
 8    under this Section should be continued.
 9        The  Grape  and Wine Resources Fund shall be administered
10    by the Department of Commerce and  Community  Affairs,  which
11    shall  serve as the lead administrative agency for allocation
12    and  auditing  of  funds  as  well  as   monitoring   program
13    implementation.  The Department shall make an annual grant of
14    moneys  from  the Fund to the Council, which shall be used to
15    pay for the Council's operations and expenses.  These  moneys
16    shall  be  used  by  the  Council  to  achieve  the Council's
17    objectives and  shall  not  be  used  for  any  political  or
18    legislative  purpose.  Money remaining in the Fund at the end
19    of the fiscal year shall remain in the Fund  for  use  during
20    the  following year and shall not be transferred to any other
21    State fund.
22    (Source: P.A. 91-472, eff. 8-10-99.)

23        Section  50-62.   The  Environmental  Protection  Act  is
24    amended by changing Sections 55 and 55.8 and  adding  Section
25    55.6a as follows:

26        (415 ILCS 5/55) (from Ch. 111 1/2, par. 1055)
27        Sec. 55. Prohibited activities.
28        (a)  No person shall:
29             (1)  Cause  or allow the open dumping of any used or
30        waste tire.
31             (2)  Cause or allow the open burning of any used  or
32        waste tire.
 
SB1903 Enrolled            -58-      LRB093 08682 RCE 08912 b
 1             (3)  Except  at  a  tire storage site which contains
 2        more than 50 used tires, cause or allow  the  storage  of
 3        any  used  tire  unless the tire is altered, reprocessed,
 4        converted,   covered,   or   otherwise   prevented   from
 5        accumulating water.
 6             (4)  Cause or allow the operation of a tire  storage
 7        site except in compliance with Board regulations.
 8             (5)  Abandon,  dump  or dispose of any used or waste
 9        tire on private or public property, except in a  sanitary
10        landfill  approved  by the Agency pursuant to regulations
11        adopted by the Board.
12             (6)  Fail to submit required reports,  tire  removal
13        agreements, or Board regulations.
14        (b)  (Blank.)
15        (b-1)  Beginning   January   1,  1995,  no  person  shall
16    knowingly mix any used or waste tire, either  whole  or  cut,
17    with  municipal waste, and no owner or operator of a sanitary
18    landfill shall accept  any  used  or  waste  tire  for  final
19    disposal;  except  that  used  or waste tires, when separated
20    from other waste,  may  be  accepted  if:  (1)  the  sanitary
21    landfill  provides  and  maintains  a  means  for  shredding,
22    slitting,  or  chopping whole tires and so treats whole tires
23    and, if approved by the Agency in a permit issued under  this
24    Act, uses the used or waste tires for alternative uses, which
25    may include on-site practices such as lining of roadways with
26    tire  scraps,  alternative  daily cover, or use in a leachate
27    collection system  or  (2)  the  sanitary  landfill,  by  its
28    notification  to   the Illinois Industrial Materials Exchange
29    Service, makes  available  the  used  or  waste  tire  to  an
30    appropriate  facility for reuse, reprocessing, or converting,
31    including use as an alternate energy  fuel.   If,  within  30
32    days  after notification to the Illinois Industrial Materials
33    Exchange Service of  the  availability  of  waste  tires,  no
34    specific  request  for the used or waste tires is received by
 
SB1903 Enrolled            -59-      LRB093 08682 RCE 08912 b
 1    the sanitary landfill, and the sanitary  landfill  determines
 2    it  has no alternative use for those used or waste tires, the
 3    sanitary landfill may dispose of slit, chopped,  or  shredded
 4    used  or  waste tires in the sanitary landfill.  In the event
 5    the  physical  condition  of  a  used  or  waste  tire  makes
 6    shredding, slitting, chopping, reuse, reprocessing, or  other
 7    alternative  use  of  the  used  or waste tire impractical or
 8    infeasible, then the sanitary landfill,  after  authorization
 9    by  the  Agency,  may  accept  the  used  or  waste  tire for
10    disposal.
11        Sanitary   landfills   and    facilities    for    reuse,
12    reprocessing,  or  converting,  including  use as alternative
13    fuel, shall (i)  notify  the  Illinois  Industrial  Materials
14    Exchange  Service  of the availability of and demand for used
15    or waste tires  and  (ii)  consult  with  the  Department  of
16    Commerce  and  Community  Affairs  regarding  the  status  of
17    marketing of waste tires to facilities for reuse.
18        (c)  On  or  before January 1, 1990, Any person who sells
19    new or used tires at retail or operates a tire  storage  site
20    or  a  tire disposal site which contains more than 50 used or
21    waste tires shall give notice of such activity to the Agency.
22    Any person engaging in such activity for the first time after
23    January 1, 1990, shall give notice to the  Agency  within  30
24    days  after  the  date  of commencement of the activity.  The
25    form of such notice shall be  specified  by  the  Agency  and
26    shall be limited to information regarding the following:
27             (1)  the name and address of the owner and operator;
28             (2)  the   name,   address   and   location  of  the
29        operation;
30             (3)  the type of operations involving used and waste
31        tires (storage, disposal, conversion or processing); and
32             (4)  the number of used and waste tires  present  at
33        the location.
34        (d)  Beginning  January 1, 1992, no person shall cause or
 
SB1903 Enrolled            -60-      LRB093 08682 RCE 08912 b
 1    allow the operation of:
 2             (1)  a tire storage site which contains more than 50
 3        used tires, unless the owner or operator, by  January  1,
 4        1992   (or   the  January  1  following  commencement  of
 5        operation, whichever is later) and January 1 of each year
 6        thereafter, (i) registers the site with the Agency,  (ii)
 7        certifies  to  the Agency that the site complies with any
 8        applicable standards adopted by  the  Board  pursuant  to
 9        Section  55.2,  (iii) reports to the Agency the number of
10        tires accumulated, the status of vector controls, and the
11        actions taken to handle and process the tires,  and  (iv)
12        pays  the  fee  required  under subsection (b) of Section
13        55.6; or
14             (2)  a tire  disposal  site,  unless  the  owner  or
15        operator  (i) has received approval from the Agency after
16        filing a tire removal agreement pursuant to Section 55.4,
17        or  (ii)  has  entered  into  a  written   agreement   to
18        participate  in a consensual removal action under Section
19        55.3.
20        The Agency shall provide written  forms  for  the  annual
21    registration and certification required under this subsection
22    (d).
23        (e)  No   person   shall  cause  or  allow  the  storage,
24    disposal, treatment or processing of any used or  waste  tire
25    in  violation  of  any  regulation or standard adopted by the
26    Board.
27        (f)  No person shall arrange for  the  transportation  of
28    used  or  waste tires away from the site of generation with a
29    person known to openly dump such tires.
30        (g)  No person shall engage in any operation as a used or
31    waste  tire  transporter  except  in  compliance  with  Board
32    regulations.
33        (h)  No person shall cause or allow the combustion of any
34    used or waste tire in an enclosed device unless a permit  has
 
SB1903 Enrolled            -61-      LRB093 08682 RCE 08912 b
 1    been   issued  by  the  Agency  authorizing  such  combustion
 2    pursuant to regulations adopted by the Board for the  control
 3    of  air  pollution  and  consistent  with  the  provisions of
 4    Section 9.4 of this Act.
 5        (i)  No person shall cause or allow the use of pesticides
 6    to treat tires except as prescribed by Board regulations.
 7        (j)  No person shall fail to comply with the terms  of  a
 8    tire  removal  agreement  approved  by the Agency pursuant to
 9    Section 55.4.
10    (Source: P.A. 92-574, eff. 6-26-02.)

11        (415 ILCS 5/55.6a new)
12        Sec. 55.6a.  Emergency Public Health Fund.
13        (a)  Beginning on July 1, 2003, moneys in  the  Emergency
14    Public  Health  Fund,  subject  to  appropriation,  shall  be
15    allocated annually as follows: (i) $200,000 to the Department
16    of  Natural  Resources  for the purposes described in Section
17    55.6(c)(6)  and  (ii)  subject  to  subsection  (b)  of  this
18    Section, all remaining amounts to the  Department  of  Public
19    Health   to  be  used  to  make  vector  control  grants  and
20    surveillance grants to the Cook County Department  of  Public
21    Health  (for  areas  of  the  County  excluding  the  City of
22    Chicago), to the City of Chicago health  department,  and  to
23    other certified local health departments.  These grants shall
24    be  used  for  expenses  related to West Nile Virus and other
25    vector-borne diseases.  The amount of  each  grant  shall  be
26    based  on  population  and  need  as supported by information
27    submitted to  the  Department  of  Public  Health.   For  the
28    purposes  of  this  Section,  need shall be determined by the
29    Department based primarily upon  surveillance  data  and  the
30    number  of  positive human cases of West Nile Virus and other
31    vector-borne diseases occurring during the preceding year and
32    current year in the county or municipality seeking the grant.
33        (b)  Beginning on July 31, 2003, on the last day of  each
 
SB1903 Enrolled            -62-      LRB093 08682 RCE 08912 b
 1    month,  the State Comptroller shall order transferred and the
 2    State Treasurer shall transfer fees collected in the previous
 3    month pursuant to item (1.5) of  subsection  (a)  of  Section
 4    55.8   from   the   Emergency   Public  Health  Fund  to  the
 5    Communications  Revolving  Fund.    These   transfers   shall
 6    continue  until  the  cumulative  total  of  the transfers is
 7    $3,000,000.

 8        (415 ILCS 5/55.8) (from Ch. 111 1/2, par. 1055.8)
 9        Sec. 55.8.  Tire retailers.
10        (a)  Beginning July 1, 1992, any person  selling  new  or
11    used tires at retail or offering new or used tires for retail
12    sale in this State shall:
13             (1)  collect  from  retail customers a fee of $2 one
14        dollar per new and used tire sold and delivered  in  this
15        State  to  be  paid  to  the  Department  of  Revenue and
16        deposited into the Used  Tire  Management  Fund,  less  a
17        collection  allowance of 10 cents per tire to be retained
18        by the retail seller and a  collection  allowance  of  10
19        cents  per  tire  to  be  retained  by  the Department of
20        Revenue and paid into the General Revenue Fund;
21             (1.5)  beginning  on  July  1,  2003,  collect  from
22        retail customers an additional 50 cents per new  or  used
23        tire  sold  and  delivered  in  this  State.   The  money
24        collected  from  this  fee  shall  be  deposited into the
25        Emergency Public Health Fund.  This fee shall  no  longer
26        be collected beginning on January 1, 2008.
27             (2)  accept for recycling used tires from customers,
28        at  the  point  of  transfer,  in a quantity equal to the
29        number of new tires purchased; and
30             (3)  post in a conspicuous place a written notice at
31        least  8.5  by  11  inches  in  size  that  includes  the
32        universal recycling symbol and the following  statements:
33        "DO NOT put used tires in the trash."; "Recycle your used
 
SB1903 Enrolled            -63-      LRB093 08682 RCE 08912 b
 1        tires.";  and "State law requires us to accept used tires
 2        for recycling, in exchange for new tires purchased.".
 3        (b)  A person who accepts used tires for recycling  under
 4    subsection  (a)  shall  not allow the tires to accumulate for
 5    periods of more than 90 days.
 6        (c)  The requirements of subsection (a) of  this  Section
 7    do not apply to mail order sales nor shall the retail sale of
 8    a  motor  vehicle be considered  to  be  the  sale of   tires
 9    at retail or offering of tires for retail  sale.  Instead  of
10    filing  returns,  retailers  of tires may remit the tire user
11    fee of $1.00 per tire to their  suppliers  of  tires  if  the
12    supplier  of  tires  is  a  registered  retailer of tires and
13    agrees or otherwise arranges to collect and  remit  the  tire
14    fee  to  the  Department of Revenue, notwithstanding the fact
15    that the sale of the tire is a sale for resale and not a sale
16    at  retail.  A  tire  supplier  who  enters  into   such   an
17    arrangement  with a tire retailer shall be liable for the tax
18    on all tires sold to the tire retailer and must  (i)  provide
19    the tire retailer with a receipt that separately reflects the
20    tire  tax collected from the retailer on each transaction and
21    (ii) accept used tires  for  recycling  from  the  retailer's
22    customers.   The  tire  supplier  shall  be  entitled  to the
23    collection allowance of 10 cents per tire.
24        The retailer of the tires must maintain in its books  and
25    records  evidence  that  the  appropriate fee was paid to the
26    tire supplier and that the tire supplier has agreed to  remit
27    the  fee  to  the Department of Revenue for each tire sold by
28    the retailer.  Otherwise, the tire retailer shall be directly
29    liable for the  fee  on  all  tires  sold  at  retail.   Tire
30    retailers  paying the fee to their suppliers are not entitled
31    to the collection allowance of 10 cents per tire.
32        (d)  The requirements of subsection (a) of  this  Section
33    shall  apply  exclusively  to  tires  to be used for vehicles
34    defined in  Section  1-217  of  the  Illinois  Vehicle  Code,
 
SB1903 Enrolled            -64-      LRB093 08682 RCE 08912 b
 1    aircraft  tires,  special mobile equipment, and implements of
 2    husbandry.
 3        (e)  The requirements of paragraph (1) of subsection  (a)
 4    do  not  apply to the sale of reprocessed tires. For purposes
 5    of this Section, "reprocessed tire" means a  used  tire  that
 6    has  been  recapped, retreaded, or regrooved and that has not
 7    been placed on a vehicle wheel rim.
 8    (Source: P.A. 90-14, eff. 7-1-97.)

 9        Section 50-63.  The   Environmental  Impact  Fee  Law  is
10    amended by changing Section 315 as follows:

11        (415 ILCS 125/315)
12        (Section scheduled to be repealed on January 1, 2013)
13        Sec.  315.   Fee  on  receivers  of fuel for sale or use;
14    collection and reporting.  A person that is required  to  pay
15    the  fee  imposed  by  this  Law  shall  pay  the  fee to the
16    Department by return showing all fuel purchased, acquired, or
17    received and sold, distributed or used during  the  preceding
18    calendar  month,  including  losses  of fuel as the result of
19    evaporation or shrinkage due to temperature  variations,  and
20    such  other  reasonable  information  as  the  Department may
21    require.  Losses of fuel as  the  result  of  evaporation  or
22    shrinkage  due to temperature variations may not exceed 1% of
23    the total gallons in storage at the beginning of  the  month,
24    plus  the  receipts  of gallonage during the month, minus the
25    gallonage remaining in storage at the end of the month.   Any
26    loss  reported  that  is  in  excess  of this amount shall be
27    subject to the fee imposed by Section 310 of this Law. On and
28    after July 1, 2001, for each 6-month period  January  through
29    June,  net  losses of fuel (for each category of fuel that is
30    required to be  reported  on  a  return)  as  the  result  of
31    evaporation  or  shrinkage  due to temperature variations may
32    not exceed  1%  of  the  total  gallons  in  storage  at  the
 
SB1903 Enrolled            -65-      LRB093 08682 RCE 08912 b
 1    beginning  of  each  January,  plus the receipts of gallonage
 2    each January through June, minus the gallonage  remaining  in
 3    storage  at the end of each June.  On and after July 1, 2001,
 4    for each 6-month period July through December, net losses  of
 5    fuel  (for  each  category  of  fuel  that  is required to be
 6    reported on  a  return)  as  the  result  of  evaporation  or
 7    shrinkage  due to temperature variations may not exceed 1% of
 8    the total gallons in storage at the beginning of  each  July,
 9    plus  the  receipts  of gallonage each July through December,
10    minus the gallonage remaining in storage at the end  of  each
11    December.   Any  net  loss reported that is in excess of this
12    amount shall be subject to the fee imposed by Section 310  of
13    this Law.  For purposes of this Section, "net loss" means the
14    number of gallons gained through temperature variations minus
15    the  number of gallons lost through temperature variations or
16    evaporation for each of the respective 6-month periods.
17        The return shall be  prescribed  by  the  Department  and
18    shall be filed between the 1st and 20th days of each calendar
19    month.   The  Department  may, in its discretion, combine the
20    return filed under this  Law  with  the  return  filed  under
21    Section  2b  of  the  Motor  Fuel  Tax Law.  If the return is
22    timely filed, the receiver may take a discount of 2%  through
23    June  30,  2003  and 1.75% thereafter 2% to reimburse himself
24    for the expenses incurred in keeping records,  preparing  and
25    filing   returns,  collecting  and  remitting  the  fee,  and
26    supplying data to the Department on request.  However, the 2%
27    discount applies only to the amount of the fee  payment  that
28    accompanies  a return that is timely filed in accordance with
29    this Section.
30    (Source: P.A. 91-173, eff. 1-1-00; 92-30, eff. 7-1-01.)

31        Section  50-75.  The  Unified  Code  of  Corrections   is
32    amended by changing Section 5-9-1 as follows:
 
SB1903 Enrolled            -66-      LRB093 08682 RCE 08912 b
 1        (730 ILCS 5/5-9-1) (from Ch. 38, par. 1005-9-1)
 2        Sec. 5-9-1.  Authorized fines.
 3        (a)  An  offender  may  be  sentenced to pay a fine which
 4    shall not exceed for each offense:
 5             (1)  for a felony, $25,000 or the  amount  specified
 6        in  the  offense,  whichever  is  greater,  or  where the
 7        offender  is  a  corporation,  $50,000  or   the   amount
 8        specified in the offense, whichever is greater;
 9             (2)  for a Class A misdemeanor, $2,500 or the amount
10        specified in the offense, whichever is greater;
11             (3)  for a Class B or Class C misdemeanor, $1,500;
12             (4)  for  a  petty  offense,  $1,000  or  the amount
13        specified in the offense, whichever is less;
14             (5)  for a business offense, the amount specified in
15        the statute defining that offense.
16        (b)  A fine may be imposed in addition to a  sentence  of
17    conditional  discharge,  probation, periodic imprisonment, or
18    imprisonment.
19        (c)  There shall  be  added  to  every  fine  imposed  in
20    sentencing  for  a  criminal  or  traffic  offense, except an
21    offense relating to parking or registration, or offense by  a
22    pedestrian,  an  additional  penalty  of  $5 for each $40, or
23    fraction thereof, of fine imposed. The additional penalty  of
24    $5 for each $40, or fraction thereof, of fine imposed, if not
25    otherwise assessed, shall also be added to every fine imposed
26    upon  a  plea  of guilty, stipulation of facts or findings of
27    guilty, resulting in a judgment of conviction,  or  order  of
28    supervision  in  criminal,  traffic,  local ordinance, county
29    ordinance,   and   conservation   cases   (except    parking,
30    registration,  or  pedestrian violations), or upon a sentence
31    of probation without entry of judgment under  Section  10  of
32    the  Cannabis  Control  Act  or Section 410 of the Controlled
33    Substances Act.
34        Such additional amounts shall be assessed  by  the  court
 
SB1903 Enrolled            -67-      LRB093 08682 RCE 08912 b
 1    imposing the fine and shall be collected by the Circuit Clerk
 2    in  addition  to  the  fine  and costs in the case. Each such
 3    additional penalty shall be remitted  by  the  Circuit  Clerk
 4    within  one  month  after receipt to the State Treasurer. The
 5    State Treasurer shall deposit $1 for each  $40,  or  fraction
 6    thereof,  of  fine  imposed  into the LEADS Maintenance Fund.
 7    The remaining surcharge amount shall be  deposited  into  the
 8    Traffic  and  Criminal  Conviction Surcharge Fund, unless the
 9    fine, costs or additional amounts are subject to disbursement
10    by the circuit clerk under Section  27.5  of  the  Clerks  of
11    Courts  Act.  Such additional penalty shall not be considered
12    a part of the fine for purposes of any reduction in the  fine
13    for  time  served  either  before  or after sentencing.   Not
14    later than March 1 of  each  year  the  Circuit  Clerk  shall
15    submit  a report of the amount of funds remitted to the State
16    Treasurer under this  subsection  (c)  during  the  preceding
17    calendar  year. Except as otherwise provided by Supreme Court
18    Rules, if a court in imposing  a  fine  against  an  offender
19    levies  a  gross  amount for fine, costs, fees and penalties,
20    the amount of the  additional  penalty  provided  for  herein
21    shall  be  computed  on  the amount remaining after deducting
22    from the gross amount levied all fees of the  Circuit  Clerk,
23    the  State's  Attorney and the Sheriff.  After deducting from
24    the gross amount  levied  the  fees  and  additional  penalty
25    provided  for  herein,  less  any  other additional penalties
26    provided by law,  the  clerk  shall  remit  the  net  balance
27    remaining to the entity authorized by law to receive the fine
28    imposed  in  the case.  For purposes of this Section "fees of
29    the Circuit Clerk" shall  include,  if  applicable,  the  fee
30    provided  for under Section 27.3a of the Clerks of Courts Act
31    and the fee, if applicable, payable to the  county  in  which
32    the  violation  occurred  pursuant  to  Section 5-1101 of the
33    Counties Code.
34        (c-5)  In addition to the  fines  imposed  by  subsection
 
SB1903 Enrolled            -68-      LRB093 08682 RCE 08912 b
 1    (c),   any   person   convicted  or  receiving  an  order  of
 2    supervision for driving under the  influence  of  alcohol  or
 3    drugs  shall  pay  an  additional $100 fee to the clerk. This
 4    additional fee, less 2 1/2% that  shall  be  used  to  defray
 5    administrative costs incurred by the clerk, shall be remitted
 6    by  the  clerk  to the Treasurer within 60 days after receipt
 7    for deposit into the Trauma Center Fund.  This additional fee
 8    of $100 shall not be  considered  a  part  of  the  fine  for
 9    purposes  of any reduction in the fine for time served either
10    before or after sentencing. Not later than March  1  of  each
11    year the Circuit Clerk shall submit a report of the amount of
12    funds  remitted  to the State Treasurer under this subsection
13    (c-5) during the preceding calendar year.
14        The Circuit Clerk may accept payment of fines  and  costs
15    by  credit  card from an offender who has been convicted of a
16    traffic offense, petty offense or misdemeanor and may  charge
17    the  service  fee permitted where fines and costs are paid by
18    credit card provided for in Section 27.3b of  the  Clerks  of
19    Courts Act.
20        (c-7)  In  addition  to  the  fines imposed by subsection
21    (c),  any  person  convicted  or  receiving   an   order   of
22    supervision  for  driving  under  the influence of alcohol or
23    drugs shall pay an additional $5  fee  to  the  clerk.   This
24    additional  fee,  less  2  1/2%  that shall be used to defray
25    administrative costs incurred by the clerk, shall be remitted
26    by the clerk to the Treasurer within 60  days  after  receipt
27    for  deposit  into  the  Spinal  Cord  Injury  Paralysis Cure
28    Research Trust Fund.  This additional fee of $5 shall not  be
29    considered  a  part of the fine for purposes of any reduction
30    in  the  fine  for  time  served  either  before   or   after
31    sentencing.  Not  later than March 1 of each year the Circuit
32    Clerk shall submit a report of the amount of  funds  remitted
33    to the State Treasurer under this subsection (c-7) during the
34    preceding calendar year.
 
SB1903 Enrolled            -69-      LRB093 08682 RCE 08912 b
 1        (c-9)  There  shall  be  added  to  every fine imposed in
 2    sentencing for a  criminal  or  traffic  offense,  except  an
 3    offense  relating to parking or registration, or offense by a
 4    pedestrian,  an  additional  penalty  of  $4   imposed.   The
 5    additional  penalty  of  $4 shall also be added to every fine
 6    imposed upon a  plea  of  guilty,  stipulation  of  facts  or
 7    findings of guilty, resulting in a judgment of conviction, or
 8    order  of  supervision in criminal, traffic, local ordinance,
 9    county ordinance,  or  conservation  cases  (except  parking,
10    registration,  or  pedestrian violations), or upon a sentence
11    of probation without entry of judgment under  Section  10  of
12    the  Cannabis  Control  Act  or Section 410 of the Controlled
13    Substances Act.  Such  additional  penalty  of  $4  shall  be
14    assessed  by  the  court  imposing  the  fine  and  shall  be
15    collected by the circuit clerk in addition to any other fine,
16    costs,  fees, and penalties in the case. Each such additional
17    penalty of $4 shall be remitted to the State Treasurer by the
18    circuit clerk within  one  month  after  receipt.  The  State
19    Treasurer shall deposit the additional penalty of $4 into the
20    Traffic   and   Criminal   Conviction   Surcharge  Fund.  The
21    additional penalty of $4 shall be in addition  to  any  other
22    fine,  costs,  fees,  and  penalties  and shall not reduce or
23    affect the distribution of any other fine, costs,  fees,  and
24    penalties.
25        (d)  In determining the amount and method of payment of a
26    fine,  except  for  those fines established for violations of
27    Chapter 15 of the Illinois  Vehicle  Code,  the  court  shall
28    consider:
29             (1)  the  financial  resources and future ability of
30        the offender to pay the fine; and
31             (2)  whether the fine will prevent the offender from
32        making court ordered restitution  or  reparation  to  the
33        victim of the offense; and
34             (3)  in  a  case  where  the  accused is a dissolved
 
SB1903 Enrolled            -70-      LRB093 08682 RCE 08912 b
 1        corporation  and  the  court  has  appointed  counsel  to
 2        represent the corporation, the costs incurred  either  by
 3        the county or the State for such representation.
 4        (e)  The court may order the fine to be paid forthwith or
 5    within a specified period of time or in installments.
 6        (f)  All  fines,  costs  and  additional  amounts imposed
 7    under this Section for any violation of Chapters 3, 4, 6, and
 8    11 of the Illinois Vehicle Code, or a similar provision of  a
 9    local  ordinance,  and  any  violation of the Child Passenger
10    Protection Act, or a similar provision of a local  ordinance,
11    shall  be  collected  and  disbursed  by the circuit clerk as
12    provided under Section 27.5 of the Clerks of Courts Act.
13    (Source: P.A. 92-431, eff. 1-1-02.)

14        Section 50-80.  The Workers' Compensation Act is  amended
15    by adding Section 4d as follows:

16        (820 ILCS 305/4d new)
17        Sec. 4d.  Industrial Commission Operations Fund Fee.
18        (a)  As  of  the effective date of this amendatory Act of
19    the 93rd General Assembly, each  employer  that  self-insures
20    its   liabilities   arising   under   this  Act  or  Workers'
21    Occupational Diseases Act shall pay a  fee  measured  by  the
22    annual actual wages paid in this State of such an employer in
23    the  manner  provided in this Section. Such proceeds shall be
24    deposited in the Industrial Commission Operations Fund. If an
25    employer survives or was formed by a  merger,  consolidation,
26    reorganization,  or reincorporation, the actual wages paid in
27    this  State  of  all   employers   party   to   the   merger,
28    consolidation,  reorganization, or reincorporation shall, for
29    purposes of determining the amount of the fee imposed by this
30    Section, be  regarded  as  those  of  the  surviving  or  new
31    employer.
32        (b)  Beginning  on  the effective date of this amendatory
 
SB1903 Enrolled            -71-      LRB093 08682 RCE 08912 b
 1    Act of the 93rd General Assembly and on July 1 of  each  year
 2    thereafter,  the  Chairman shall charge and collect an annual
 3    Industrial Commission Operations Fund Fee from every employer
 4    subject to subsection (a) of this Section equal to 0.045%  of
 5    its  annual  actual  wages  paid in this State as reported in
 6    each employer's annual self-insurance renewal filed  for  the
 7    previous  year  as  required  by  Section  4  of this Act and
 8    Section 4 of the Workers' Occupational Diseases Act. All sums
 9    collected by the Commission  under  the  provisions  of  this
10    Section shall be paid promptly after the receipt of the same,
11    accompanied   by  a  detailed  statement  thereof,  into  the
12    Industrial Commission Operations Fund.
13        (c) In addition to  the  authority  specifically  granted
14    under  Section  16, the Chairman shall have such authority to
15    adopt rules or establish forms as may be reasonably necessary
16    for purposes of enforcing this Section. The Commission  shall
17    have  authority  to  defer,  waive,  or  abate the fee or any
18    penalties imposed by this  Section  if  in  the  Commission's
19    opinion  the  employer's  solvency  and  ability  to meet its
20    obligations to pay workers' compensation  benefits  would  be
21    immediately threatened by payment of the fee due.
22        (d)  When an employer fails to pay the full amount of any
23    annual Industrial Commission Operations Fund Fee of  $100  or
24    more  due  under  this  Section,  there shall be added to the
25    amount due as a penalty the greater of $1,000  or  an  amount
26    equal  to  5%  of  the deficiency for each month or part of a
27    month that the deficiency remains unpaid.
28        (e) The Commission may  enforce  the  collection  of  any
29    delinquent  payment,  penalty  or  portion  thereof  by legal
30    action or in any other manner  by  which  the  collection  of
31    debts  due  the  State  of Illinois may be enforced under the
32    laws of this State.
33        (f) Whenever  it  appears  to  the  satisfaction  of  the
34    Chairman  that  an  employer has paid pursuant to this Act an
 
SB1903 Enrolled            -72-      LRB093 08682 RCE 08912 b
 1    Industrial Commission Operations Fund Fee  in  an  amount  in
 2    excess  of  the amount legally collectable from the employer,
 3    the Chairman shall issue a credit memorandum  for  an  amount
 4    equal  to the amount of such overpayment. A credit memorandum
 5    may be applied  for  the  2-year  period  from  the  date  of
 6    issuance  against  the  payment of any amount due during that
 7    period under the fee imposed by this Section or,  subject  to
 8    reasonable  rule  of  the Commission including requirement of
 9    notification, may be assigned to any other  employer  subject
10    to  regulation  under  this  Act.  Any  application of credit
11    memoranda after the period provided for in  this  Section  is
12    void.


13                             ARTICLE 75

14        Section  75-1.   The Secretary of State Act is amended by
15    changing Section 5.5 as follows:

16        (15 ILCS 305/5.5)
17        Sec. 5.5.  Secretary of State fees. There shall  be  paid
18    to the Secretary of State the following fees:
19        For certificate or apostille, with seal: $2.
20        For each certificate, without seal: $1.
21        For  each  commission  to  any  officer  or  other person
22    (except military commissions), with seal: $2.
23        For copies of  exemplifications  of  records,  or  for  a
24    certified copy of any document, instrument, or paper when not
25    otherwise provided by law, and it does not exceed legal size:
26    $0.50  per  page  or  any  portion  of a page; and $2 for the
27    certificate, with seal affixed.
28        For copies of exemplifications of records or a  certified
29    copy   of  any  document,  instrument,  or  paper,  when  not
30    otherwise provided for by law, that exceeds  legal  size:  $1
31    per   page  or  any  portion  of  a  page;  and  $2  for  the
 
SB1903 Enrolled            -73-      LRB093 08682 RCE 08912 b
 1    certificate, with seal affixed.
 2        For copies of bills or other papers: $0.50  per  page  or
 3    any  portion of a page; and $2 for the certificate, with seal
 4    affixed, except that there shall be no charge for  making  or
 5    certifying  copies  that  are  furnished  to any governmental
 6    agency for official use.
 7        For recording a duplicate of  an  affidavit  showing  the
 8    appointment  of  trustees  of a religious corporation: $0.50;
 9    and $2 for the certificate of recording, with seal affixed.
10        For filing and recording an application  under  the  Soil
11    Conservation   Districts   Law   and  making  and  issuing  a
12    certificate for the application, under seal: $10.
13        For recording any other document,  instrument,  or  paper
14    required  or  permitted  to be recorded with the Secretary of
15    State,  which  recording  shall  be  done  by  any   approved
16    photographic  or  photostatic  process,  if  the  page  to be
17    recorded does not exceed legal size and the fees and  charges
18    therefor  are  not  otherwise fixed by law: $0.50 per page or
19    any portion  of  a  page;  and  $2  for  the  certificate  of
20    recording, with seal affixed.
21        For  recording  any  other document, instrument, or paper
22    required or permitted to be recorded with  the  Secretary  of
23    State,   which  recording  shall  be  done  by  any  approved
24    photographic or  photostatic  process,  if  the  page  to  be
25    recorded exceeds legal size and the fees and charges therefor
26    are not otherwise fixed by law: $1 per page or any portion of
27    a  page;  and $2 for the certificate of recording attached to
28    the original, with seal affixed.
29        For each  duplicate  certified  copy  of  a  school  land
30    patent: $3.
31        For each photostatic copy of a township plat: $2.
32        For  each  page  of a photostatic copy of surveyors field
33    notes: $2.
34        For each page of a  photostatic  copy  of  a  state  land
 
SB1903 Enrolled            -74-      LRB093 08682 RCE 08912 b
 1    patent, including certification: $4.
 2        For  each  page  of  a  photostatic  copy of a swamp land
 3    grant: $2.
 4        For  each  page  of  photostatic  copies  of  all   other
 5    instruments or documents relating to land records: $2.
 6        For  each  check,  money order, or bank draft returned by
 7    the Secretary of State when it has not been honored: $25 $2.
 8        For any research request  received  after  the  effective
 9    date  of  the changes made to this Section by this amendatory
10    Act of the  93rd  General  Assembly  by  an  out-of-State  or
11    non-Illinois  resident:  $10,  prepaid and nonrefundable, for
12    which  the  requester  will  receive  up  to   2   unofficial
13    noncertified copies of the records requested.  The fees under
14    this  paragraph  shall  be deposited into the General Revenue
15    Fund.
16        The Illinois  State  Archives  is  authorized  to  charge
17    reasonable  fees  to  reimburse  the  cost  of production and
18    distribution of copies of finding aids to the records that it
19    holds or copies of published versions or  editions  of  those
20    records  in  printed,  microfilm, or electronic formats.  The
21    fees under this paragraph shall be deposited into the General
22    Revenue Fund.
23        As used in this Section, "legal size" means  a  sheet  of
24    paper  that is 8.5 inches wide and 14 inches long, or written
25    or printed matter on a sheet of paper that  does  not  exceed
26    that width and length, or either of them.
27    (Source: P.A. 89-233, eff. 1-1-96.)

28        Section  75-2.   The  Capital  Development  Board  Act is
29    amended by changing Section 9.02a as follows:

30        (20 ILCS 3105/9.02a) (from Ch. 127, par. 779.02a)
31        (This Section is scheduled to be  repealed  on  June  30,
32    2004)
 
SB1903 Enrolled            -75-      LRB093 08682 RCE 08912 b
 1        Sec.  9.02a.  To charge contract administration fees used
 2    to administer and process the terms of contracts  awarded  by
 3    this State.  Contract administration fees shall not exceed 3%
 4    1.5%  of  the contract amount.  This Section is repealed June
 5    30, 2004.
 6    (Source: P.A. 91-795, eff. 6-9-00.)

 7        Section 75-2.5.  The Lobbyist Registration Act is amended
 8    by changing Section 5 as follows:

 9        (25 ILCS 170/5) (from Ch. 63, par. 175)
10        Sec.  5.  Lobbyist  registration  and  disclosure.  Every
11    person required to register under Section 3  shall  each  and
12    every  year,  or  before  any such service is performed which
13    requires the person to register, file in the  Office  of  the
14    Secretary   of  State  a  written  statement  containing  the
15    following information:
16             (a)  The name and address of the registrant.
17             (b)  The name and address of the person  or  persons
18        employing   or   retaining  registrant  to  perform  such
19        services or on whose behalf the registrant appears.
20             (c)  A   brief   description   of   the   executive,
21        legislative, or administrative  action  in  reference  to
22        which such service is to be rendered.
23             (d)  A picture of the registrant.
24        Persons required to register under this Act prior to July
25    1,  2003,  shall remit a single, annual and nonrefundable $50
26    registration fee.  All fees collected for registrations prior
27    to July  1,  2003,  shall  be  deposited  into  the  Lobbyist
28    Registration   Administration  Fund  for  administration  and
29    enforcement of this Act. Beginning July 1, 2003, all  persons
30    other  than entities qualified under Section 501(c)(3) of the
31    Internal Revenue Code required to  register  under  this  Act
32    shall   remit   a  single,  annual,  and  nonrefundable  $300
 
SB1903 Enrolled            -76-      LRB093 08682 RCE 08912 b
 1    registration fee. Entities required to  register  under  this
 2    Act  which  are  qualified  under  Section  501(c)(3)  of the
 3    Internal Revenue Code  shall  remit  a  single,  annual,  and
 4    nonrefundable  $100  registration  fee.  The increases in the
 5    fees from $50 to $100 and from $50 to $300 by this amendatory
 6    Act of the 93rd General Assembly are in addition to any other
 7    fee increase enacted by the 93rd or  any  subsequent  General
 8    Assembly.      Of   each   registration   fee  collected  for
 9    registrations on or after July 1, 2003, any additional amount
10    collected as a result of any other fee  increase  enacted  by
11    the   93rd  or  any  subsequent  General  Assembly  shall  be
12    deposited into the Lobbyist Registration Administration  Fund
13    for  the  purposes provided by law for that fee increase, the
14    next $100 shall be deposited into the  Lobbyist  Registration
15    Administration  Fund  for  administration  and enforcement of
16    this Act, and any balance shall be deposited into the General
17    Revenue Fund.
18    (Source: P.A. 88-187.)

19        Section 75-3.  The State Finance Act is amended by adding
20    Section 5.596  and  changing  Sections  6z-34  and  6z-48  as
21    follows:
22        (30 ILCS 105/5.596 new)
23        Sec. 5.596.  The Illinois Clean Water Fund.

24        (30 ILCS 105/6z-34)
25        Sec.  6z-34.  Secretary  of  State Special Services Fund.
26    There is created in the State Treasury a special fund  to  be
27    known  as  the  Secretary  of  State  Special  Services Fund.
28    Moneys deposited into the Fund may, subject to appropriation,
29    be used by the Secretary of State  for  any  or  all  of  the
30    following purposes:
31             (1)  For    general    automation   efforts   within
32        operations of the Office of Secretary of State.
 
SB1903 Enrolled            -77-      LRB093 08682 RCE 08912 b
 1             (2)  For technology applications in  any  form  that
 2        will  enhance  the operational capabilities of the Office
 3        of Secretary of State.
 4             (3)  To provide funds for any type of library grants
 5        authorized and administered by the Secretary of State  as
 6        State Librarian.
 7        These  funds are in addition to any other funds otherwise
 8    authorized to the Office of Secretary of State  for  like  or
 9    similar purposes.
10        On  August  15,  1997, all fiscal year 1997 receipts that
11    exceed the amount of $15,000,000 shall  be  transferred  from
12    this  Fund  to  the  Statistical  Services Revolving Fund; on
13    August 15, 1998 and each year thereafter  through  2000,  all
14    receipts  from  the  fiscal  year ending on the previous June
15    30th  that  exceed  the  amount  of  $17,000,000   shall   be
16    transferred  from  this  Fund  to  the  Statistical  Services
17    Revolving  Fund;  and  on  August  15,  2001  and  each  year
18    thereafter  through  2002,  all receipts from the fiscal year
19    ending on the previous June 30th that exceed  the  amount  of
20    $19,000,000  shall  be  transferred  from  this  Fund  to the
21    Statistical Services Revolving Fund; and on August  15,  2003
22    and  each  year thereafter, all receipts from the fiscal year
23    ending on the previous June 30th that exceed  the  amount  of
24    $33,000,000  shall  be  transferred  from  this  Fund  to the
25    Statistical Services Revolving Fund.
26    (Source: P.A. 92-32, eff. 7-1-01.)

27        (30 ILCS 105/6z-48)
28        Sec. 6z-48.  Motor Vehicle License Plate Fund.
29        (a)  The Motor  Vehicle  License  Plate  Fund  is  hereby
30    created  as  a  special fund in the State Treasury.  The Fund
31    shall consist of the deposits provided for in  Section  2-119
32    of  the  Illinois Vehicle Code and any moneys appropriated to
33    the Fund.
 
SB1903 Enrolled            -78-      LRB093 08682 RCE 08912 b
 1        (b)  The Motor Vehicle License Plate Fund shall be  used,
 2    subject to appropriation, for the costs incident to providing
 3    new or replacement license plates for motor vehicles.
 4        (c)  Any  balance  remaining in the Motor Vehicle License
 5    Plate Fund at the close of  business  on  December  31,  2004
 6    shall  be  transferred  into  the  Road  Fund,  and the Motor
 7    Vehicle License Plate Fund is abolished  when  that  transfer
 8    has been made.
 9    (Source: P.A. 91-37, eff. 7-1-99.)

10        Section  75-4.   The  Coin-Operated  Amusement Device and
11    Redemption Machine Tax Act is amended by changing Sections 1,
12    2, 3, 4b, and 6 as follows:

13        (35 ILCS 510/1) (from Ch. 120, par. 481b.1)
14        Sec. 1.  There is imposed, on the privilege of  operating
15    every coin-in-the-slot-operated amusement device, including a
16    device  operated  or  operable by insertion of coins, tokens,
17    chips or similar objects, in this State which returns to  the
18    player thereof no money or property or right to receive money
19    or  property, and on the privilege of operating in this State
20    a redemption machine  as  defined  in  Section  28-2  of  the
21    Criminal  Code  of 1961, an annual a privilege tax of $30 $15
22    for each device for which a license was issued for  a  period
23    beginning  on  or  after  August  1  of any year and prior to
24    August February 1 of the succeeding year. A privilege tax  of
25    $8 is imposed on the privilege of operating such a device for
26    which a license was issued for a period beginning on or after
27    February 1 of any year and ending July 31 of that year.
28    (Source: P.A. 86-905; 86-957; 87-855.)

29        (35 ILCS 510/2) (from Ch. 120, par. 481b.2)
30        Sec.  2. (a) Any person, firm, limited liability company,
31    or corporation which displays any device described in Section
 
SB1903 Enrolled            -79-      LRB093 08682 RCE 08912 b
 1    1, to be played or operated by the public at any place  owned
 2    or  leased  by  any  such  person,  firm,  limited  liability
 3    company,  or  corporation,  shall  before  he  displays  such
 4    device,  file  in  the  Office of the Department of Revenue a
 5    form containing information regarding an  application  for  a
 6    license  for such device properly sworn to, setting forth his
 7    name and address, with a brief description of the  device  to
 8    be  displayed  and  the  premises  where  such device will be
 9    located, together  with  such  other  relevant  data  as  the
10    Department  of Revenue may require. Such form application for
11    a license shall be  accompanied  by  the  required  privilege
12    license tax for each device. Such privilege license tax shall
13    be paid to the Department of Revenue of the State of Illinois
14    and  all  monies  received by the Department of Revenue under
15    this Act shall be paid into the General Revenue Fund  in  the
16    State  Treasury.  The  Department of Revenue shall supply and
17    deliver to the person, firm, limited  liability  company,  or
18    corporation which displays any device described in Section 1,
19    charges  prepaid  and  without additional cost, one privilege
20    tax decal license tag for each such device on which  the  tax
21    has  been  paid  an application is made, stating the year for
22    which issued. Such privilege  tax  decal  license  tag  shall
23    thereupon be securely affixed to such device.
24        (b)  If  an  amount of tax, penalty, or interest has been
25    paid in error to the Department,  the  taxpayer  may  file  a
26    claim  for  credit  or  refund with the Department.  If it is
27    determined that the Department must issue a credit or  refund
28    under  this Act, the Department may first apply the amount of
29    the credit or refund due against any amount of tax,  penalty,
30    or  interest due under this Act from the taxpayer entitled to
31    the  credit  or  refund.    If  proceedings  are  pending  to
32    determine if any tax, penalty, or interest is due under  this
33    Act  from  the taxpayer, the Department may withhold issuance
34    of the credit or refund  pending  the  final  disposition  of
 
SB1903 Enrolled            -80-      LRB093 08682 RCE 08912 b
 1    those proceedings and may apply that credit or refund against
 2    any amount determined to be due to the Department as a result
 3    of  those proceedings.  The balance, if any, of the credit or
 4    refund shall be paid to the taxpayer.
 5        If no tax, penalty, or interest is due and no proceedings
 6    are pending to determine whether the taxpayer is indebted  to
 7    the  Department  for  tax,  penalty,  or interest, the credit
 8    memorandum or refund shall be issued to the taxpayer; or, the
 9    credit memorandum may be assigned by the taxpayer, subject to
10    reasonable rules of the Department, to any other  person  who
11    is  subject  to  this  Act,  and  the  amount  of  the credit
12    memorandum by the Department against  any  tax,  penalty,  or
13    interest  due  or  to  become  due  under  this  Act from the
14    assignee.
15        For any  claim  for  credit  or  refund  filed  with  the
16    Department  on  or  after  each July 1, no amount erroneously
17    paid more than 3 years before that July 1, shall be  credited
18    or refunded.
19        A  claim  for  credit  or refund shall be filed on a form
20    provided by the Department.  As soon as practicable after any
21    claim for credit or refund is  filed,  the  Department  shall
22    determine  the  amount  of  credit  or  refund  to  which the
23    claimant is entitled and shall notify the  claimant  of  that
24    determination.
25        A  claim  for  credit  or  refund shall be filed with the
26    Department on the date it  is  received  by  the  Department.
27    Upon  receipt  of  any claim for credit or refund filed under
28    this Section, an  officer  or  employee  of  the  Department,
29    authorized  by the Director of Revenue to acknowledge receipt
30    of such claims on behalf of the Department, shall deliver  or
31    mail  to the claimant or his duly authorized agent, a written
32    receipt, acknowledging that the claim has been filed with the
33    Department, describing the  claim  in  sufficient  detail  to
34    identify  it,  and  stating  the  date on which the claim was
 
SB1903 Enrolled            -81-      LRB093 08682 RCE 08912 b
 1    received by the Department.  The  written  receipt  shall  be
 2    prima  facie  evidence that the Department received the claim
 3    described in the receipt and shall be prima facie evidence of
 4    the date when such claim was received by the Department.   In
 5    the  absence  of  a  written  receipt,  the  records  of  the
 6    Department  as  to  whether a claim was received, or when the
 7    claim was received by the Department, shall be deemed  to  be
 8    prima  facie  correct in the event of any dispute between the
 9    claimant, or his legal representative, and the Department  on
10    these issues.
11        Any  credit  or refund that is allowed under this Article
12    shall bear interest at the rate and in the  manner  specified
13    in the Uniform Penalty and Interest Act.
14        If   the  Department  determines  that  the  claimant  is
15    entitled to a refund, the refund shall be made only  from  an
16    appropriation  to  the  Department  for that purpose.  If the
17    amount appropriated is insufficient to pay claimants electing
18    to  receive  a  cash  refund,  the  Department  by  rule   or
19    regulation  shall first provide for the payment of refunds in
20    hardship cases as defined by the Department.
21    (Source: P.A. 88-194; 88-480; 88-670, eff. 12-2-94.)

22        (35 ILCS 510/3) (from Ch. 120, par. 481b.3)
23        Sec. 3.  (1) All privilege  tax  decals  licenses  herein
24    provided for shall be transferable from one device to another
25    device. Any such transfer from one device to another shall be
26    reported  to the Department of Revenue on forms prescribed by
27    such Department.  All privilege tax  decals  licenses  issued
28    hereunder shall expire on July 31 following issuance.
29        (2)  (Blank).
30    (Source: P.A. 91-357, eff. 7-29-99.)

31        (35 ILCS 510/4b) (from Ch. 120, par. 481b.4b)
32        Sec.  4b.  The Department of Revenue is hereby authorized
 
SB1903 Enrolled            -82-      LRB093 08682 RCE 08912 b
 1    to implement a  program  whereby  the  privilege  tax  decals
 2    licenses required by and the taxes imposed by this Act may be
 3    distributed  and  collected  on  behalf  of the Department by
 4    State or national banks and by State or federal  savings  and
 5    loan  associations.   The  Department  shall  promulgate such
 6    rules and regulations as  are  reasonable  and  necessary  to
 7    establish  the system of collection of taxes and distribution
 8    of privilege tax decals licenses authorized by this  Section.
 9    Such rules and regulations shall provide for the licensing of
10    such  financial institutions, specification of information to
11    be disclosed in an application therefor and the imposition of
12    a license fee not in excess of $100 annually.
13    (Source: P.A. 85-1423.)

14        (35 ILCS 510/6) (from Ch. 120, par. 481b.6)
15        Sec. 6. The Department of Revenue is hereby empowered and
16    authorized in the name of the People of the State of Illinois
17    in a suit or suits in any court of competent jurisdiction  to
18    enforce  the  collection  of any unpaid license tax, fines or
19    penalties provided for in this Act.
20    (Source: Laws 1953, p. 956.)

21        (35 ILCS 510/9 rep.)
22        Section 75-4.1.  The Coin-Operated Amusement  Device  and
23    Redemption Machine Tax Act is amended by repealing Section 9.

24        Section  75-5.   The  Illinois Pension Code is amended by
25    changing Section 1A-112 as follows:

26        (40 ILCS 5/1A-112)
27        Sec. 1A-112. Fees.
28        (a)  Every pension fund  that  is  required  to  file  an
29    annual  statement  under  Section  1A-109  shall  pay  to the
30    Department an annual  compliance  fee.   In  the  case  of  a
 
SB1903 Enrolled            -83-      LRB093 08682 RCE 08912 b
 1    pension  fund  under  Article 3 or 4 of this Code, the annual
 2    compliance fee shall be 0.02% 0.007% (2 0.7 basis points)  of
 3    the total assets of the pension fund, as reported in the most
 4    current  annual  statement  of  the  fund,  but not more than
 5    $8,000 $6,000.  In the case of all other  pension  funds  and
 6    retirement systems, the annual compliance fee shall be $8,000
 7    $6,000.
 8        (b)  The  annual  compliance  fee shall be due on June 30
 9    for the following State fiscal  year,  except  that  the  fee
10    payable  in 1997 for fiscal year 1998 shall be due no earlier
11    than 30 days following the effective date of this  amendatory
12    Act of 1997.
13        (c)  Any  information  obtained  by  the Division that is
14    available to the public under the Freedom of Information  Act
15    and  is  either compiled in published form or maintained on a
16    computer processible  medium  shall  be  furnished  upon  the
17    written  request  of  any  applicant  and  the  payment  of a
18    reasonable  information  services  fee  established  by   the
19    Director,  sufficient to cover the total cost to the Division
20    of compiling, processing,  maintaining,  and  generating  the
21    information.   The  information  may be furnished by means of
22    published  copy  or  on  a  computer  processed  or  computer
23    processible medium.
24        No fee may be charged to any person for information  that
25    the Division is required by law to furnish to that person.
26        (d)  Except  as  otherwise  provided in this Section, all
27    fees and penalties collected by  the  Department  under  this
28    Code  shall  be  deposited into the Public Pension Regulation
29    Fund.
30        (e)  Fees collected under subsection (c) of this  Section
31    and  money  collected under Section 1A-107 shall be deposited
32    into the Department's Statistical Services Revolving Fund and
33    credited to the account of the Public Pension Division.  This
34    income shall be used exclusively for the purposes  set  forth
 
SB1903 Enrolled            -84-      LRB093 08682 RCE 08912 b
 1    in Section 1A-107.  Notwithstanding the provisions of Section
 2    408.2  of  the  Illinois  Insurance  Code,  no  surplus funds
 3    remaining in this account shall be deposited in the Insurance
 4    Financial Regulation Fund.  All money in  this  account  that
 5    the  Director  certifies  is  not needed for the purposes set
 6    forth in Section 1A-107 of this Code shall be transferred  to
 7    the Public Pension Regulation Fund.
 8        (f)  Nothing  in this Code prohibits the General Assembly
 9    from appropriating funds from the General Revenue Fund to the
10    Department for the purpose of administering or enforcing this
11    Code.
12    (Source: P.A. 90-507, eff. 8-22-97.)

13        Section 75-7.  The Illinois Savings and Loan Act of  1985
14    is amended by changing Section 2B-6 as follows:

15        (205 ILCS 105/2B-6) (from Ch. 17, par. 3302B-6)
16        Sec.  2B-6.   Foreign savings and loan associations shall
17    pay to the Commissioner the following fees that shall be paid
18    into the Savings and Residential Finance Regulatory Fund,  to
19    wit:   For  filing  each  application  for  admission  to  do
20    business in this State, $1,125 $750; and for each certificate
21    of authority and annual renewal of same, $300 $200.
22    (Source: P.A. 85-1143; 86-1213.)

23        Section  75-10.  The Illinois Credit Union Act is amended
24    by changing Section 12 as follows:

25        (205 ILCS 305/12) (from Ch. 17, par. 4413)
26        Sec. 12.  Regulatory fees.
27        (1)  A credit union regulated by the Department shall pay
28    a regulatory fee to  the  Department  based  upon  its  total
29    assets  as shown by its Year-end Call Report at the following
30    rates:
 
SB1903 Enrolled            -85-      LRB093 08682 RCE 08912 b
 1    TOTAL ASSETS                   REGULATORY FEE
 2    $25,000 or less .............. $150 $100
 3    Over $25,000 and not over
 4    $100,000 ..................... $150 $100 plus $6 $4 per
 5                                   $1,000 of assets in excess of
 6                                   $25,000
 7    Over $100,000 and not over
 8    $200,000 ..................... $600 $400 plus $4.50 $3 per
 9                                   $1,000 of assets in excess of
10                                   $100,000
11    Over $200,000 and not over
12    $500,000 ..................... $1,050 $700 plus $3 $2 per
13                                   $1,000 of assets in excess of
14                                   $200,000
15    Over $500,000 and not over
16    $1,000,000 ................... $1,950 $1,300 plus $2.10 $1.40
17                                   per $1,000 of assets in excess
18                                   of $500,000
19    Over $1,000,000 and not
20    over $5,000,000............... $3,000 $2,000 plus $0.75 $0.50
21                                   per $1,000 of assets in
22                                   excess of $1,000,000
23    Over $5,000,000 and not
24    over $30,000,000 ............. $6,000 $4,000 plus $0.525
25                                   $0.35 per $1,000 assets
26                                   in excess of $5,000,000
27    Over $30,000,000 and not
28    over $100,000,000 ............ $19,125 $12,750 plus $0.45
29                                   $0.30 per $1,000 of assets in
30                                   excess of $30,000,000
31    Over $100,000,000 and not
32    over $500,000,000 ............ $50,625 $33,750 plus $0.225
33                                   $0.15 per $1,000 of assets in
34                                   excess of  $100,000,000
 
SB1903 Enrolled            -86-      LRB093 08682 RCE 08912 b
 1    Over $500,000,000 ............ $140,625 $93,750 plus $0.075
 2                                   $0.05 per $1,000 of assets in
 3                                   excess of $500,000,000
 4        (2)  The  Director  shall  review  the   regulatory   fee
 5    schedule  in  subsection  (1)  and  the projected earnings on
 6    those fees on an annual basis and adjust the fee schedule  no
 7    more  than  5%  annually if necessary to defray the estimated
 8    administrative and operational expenses of the Department  as
 9    defined in subsection (5).  The Director shall provide credit
10    unions  with  written  notice  of  any adjustment made in the
11    regulatory fee schedule.
12        (3)  Not later than March 1  of  each  calendar  year,  a
13    credit union shall pay to the Department a regulatory fee for
14    that  calendar  year  in  accordance  with the regulatory fee
15    schedule in subsection (1), on the basis of assets as of  the
16    Year-end  Call  Report of the preceding year.  The regulatory
17    fee shall not be less than $150 $100 or  more  than  $187,500
18    $125,000,  provided  that  the regulatory fee cap of $187,500
19    $125,000 shall be adjusted to incorporate the same percentage
20    increase as the Director makes in the regulatory fee schedule
21    from time to time under subsection  (2).  No  regulatory  fee
22    shall  be  collected from a credit union until it has been in
23    operation for one year.
24        (4)  The  aggregate  of  all  fees   collected   by   the
25    Department  under  this Act shall be paid promptly after they
26    are received, accompanied by a  detailed  statement  thereof,
27    into  the State Treasury and shall be set apart in the Credit
28    Union Fund, a  special  fund  hereby  created  in  the  State
29    treasury.  The  amount  from  time  to  time deposited in the
30    Credit Union Fund and shall be used to  offset  the  ordinary
31    administrative  and  operational  expenses  of the Department
32    under this Act.  All earnings received  from  investments  of
33    funds  in  the  Credit Union Fund shall be deposited into the
34    Credit Union Fund and may be used for the  same  purposes  as
 
SB1903 Enrolled            -87-      LRB093 08682 RCE 08912 b
 1    fees deposited into that Fund.
 2        (5)  The  administrative and operational expenses for any
 3    calendar year shall mean the ordinary and contingent expenses
 4    for that year incidental to making the examinations  provided
 5    for  by,  and  for  administering,  this  Act,  including all
 6    salaries and other compensation paid  for  personal  services
 7    rendered  for the State by officers or employees of the State
 8    to enforce this  Act;  all  expenditures  for  telephone  and
 9    telegraph   charges,   postage  and  postal  charges,  office
10    supplies and services, furniture and equipment, office  space
11    and  maintenance thereof, travel expenses and other necessary
12    expenses; all  to  the  extent  that  such  expenditures  are
13    directly incidental to such examination or administration.
14        (6)  When  the  aggregate  of  all  fees collected by the
15    Department under this Act and all earnings  thereon  for  any
16    calendar  year  exceeds  150% of the total administrative and
17    operational expenses under  this  Act  for  that  year,  such
18    excess shall be credited to credit unions and applied against
19    their  regulatory  fees  for the subsequent year.  The amount
20    credited to a credit union shall be in the same proportion as
21    the fee paid by such credit union for the  calendar  year  in
22    which  the  excess  is produced bears to the aggregate of the
23    fees collected by the Department under this Act for the  same
24    year.
25        (7)  Examination   fees   for  the  year  2000  statutory
26    examinations paid pursuant to the examination fee schedule in
27    effect at that time shall be credited toward  the  regulatory
28    fee to be assessed the credit union in calendar year 2001.
29        (8)  Nothing  in  this  Act  shall  prohibit  the General
30    Assembly from appropriating funds to the Department from  the
31    General  Revenue  Fund  for the purpose of administering this
32    Act.
33    (Source: P.A. 91-755, eff. 1-1-01; 92-293, eff. 8-9-01.)
 
SB1903 Enrolled            -88-      LRB093 08682 RCE 08912 b
 1        Section 75-15.  The Currency Exchange Act is  amended  by
 2    changing Section 16 as follows:

 3        (205 ILCS 405/16) (from Ch. 17, par. 4832)
 4        Sec.  16.  Annual  report;  investigation;  costs.   Each
 5    licensee  shall  annually, on or before the 1st day of March,
 6    file a report with the Director for the calendar year  period
 7    from  January  1st  through  December  31st,  except that the
 8    report filed on or before March  15,  1990  shall  cover  the
 9    period from October 1, 1988 through December 31, 1989, (which
10    shall be used only for the official purposes of the Director)
11    giving   such   relevant  information  as  the  Director  may
12    reasonably  require  concerning,  and  for  the  purpose   of
13    examining,  the  business and operations during the preceding
14    fiscal  year  period  of  each  licensed  currency   exchange
15    conducted  by  such  licensee  within  the State. Such report
16    shall be made under oath and shall be in the form  prescribed
17    by the Director and the Director may at any time and shall at
18    least  once  in  each  year investigate the currency exchange
19    business of any licensee and of  every  person,  partnership,
20    association,  limited  liability company, and corporation who
21    or which shall be engaged in  the  business  of  operating  a
22    currency  exchange. For that purpose, the Director shall have
23    free access to the offices and places of business and to such
24    records   of   all   such   persons,   firms,   partnerships,
25    associations,  limited  liability   companies   and   members
26    thereof,  and  corporations and to the officers and directors
27    thereof that shall relate to such currency exchange business.
28    The  investigation  may  be  conducted  in  conjunction  with
29    representatives  of  other  State  agencies  or  agencies  of
30    another state or of the United States as  determined  by  the
31    Director.  The Director may at any time inspect the locations
32    served by an ambulatory currency exchange, for the purpose of
33    determining whether such currency exchange is complying  with
 
SB1903 Enrolled            -89-      LRB093 08682 RCE 08912 b
 1    the  provisions  of  this  Act  at  each location served. The
 2    Director may  require  by  subpoena  the  attendance  of  and
 3    examine under oath all persons whose testimony he may require
 4    relative to such business, and in such cases the Director, or
 5    any   qualified  representative  of  the  Director  whom  the
 6    Director may designate, may  administer  oaths  to  all  such
 7    persons  called  as  witnesses, and the Director, or any such
 8    qualified representative of the Director,  may  conduct  such
 9    examinations,  and  there  shall  be paid to the Director for
10    each such examination a fee of $225 $150 for each day or part
11    thereof for  each  qualified  representative  designated  and
12    required  to conduct the examination; provided, however, that
13    in the case of an  ambulatory  currency  exchange,  such  fee
14    shall  be  $75  for each day or part thereof and shall not be
15    increased by reason of the number of locations served by it.
16    (Source: P.A. 92-398, eff. 1-1-02.)

17        Section 75-17.  The Residential Mortgage License  Act  of
18    1987 is amended by changing Sections 2-2 and 2-6 as follows:

19        (205 ILCS 635/2-2) (from Ch. 17, par. 2322-2)
20        Sec. 2-2.  Application process; investigation; fee.
21        (a)  The   Commissioner   shall   issue  a  license  upon
22    completion of all of the following:
23             (1)  The filing of an application for license.
24             (2)  The filing with the Commissioner of  a  listing
25        of  judgments  entered  against, and bankruptcy petitions
26        by, the license applicant for the preceding 10 years.
27             (3)  The   payment,   in   certified    funds,    of
28        investigation  and  application  fees, the total of which
29        shall be in an amount equal to  $2,700  $1,800  annually,
30        however,  the Commissioner may increase the investigation
31        and application fees by rule as provided in Section 4-11.
32             (4)  Except  for  a  broker  applying  to  renew   a
 
SB1903 Enrolled            -90-      LRB093 08682 RCE 08912 b
 1        license, the filing of an audited balance sheet including
 2        all  footnotes  prepared by a certified public accountant
 3        in  accordance   with   generally   accepted   accounting
 4        principles  and  generally  accepted  auditing principles
 5        which evidences that the applicant meets  the  net  worth
 6        requirements of Section 3-5.
 7             (5)  The   filing   of  proof  satisfactory  to  the
 8        Commissioner that the applicant, the members  thereof  if
 9        the  applicant  is  a  partnership  or  association,  the
10        members  or managers thereof that retain any authority or
11        responsibility  under  the  operating  agreement  if  the
12        applicant is a limited liability company, or the officers
13        thereof if the applicant is a corporation  have  3  years
14        experience  preceding application in real estate finance.
15        Instead  of  this  requirement,  the  applicant  and  the
16        applicant's  officers  or  members,  as  applicable,  may
17        satisfactorily complete a program of  education  in  real
18        estate  finance  and  fair  lending,  as  approved by the
19        Commissioner, prior to  receiving  the  initial  license.
20        The  Commissioner  shall promulgate rules regarding proof
21        of experience requirements and  educational  requirements
22        and  the  satisfactory  completion of those requirements.
23        The Commissioner may establish by rule  a  list  of  duly
24        licensed  professionals and others who may be exempt from
25        this requirement.
26             (6)  An investigation of the averments  required  by
27        Section   2-4,   which   investigation   must  allow  the
28        Commissioner to issue positive findings stating that  the
29        financial   responsibility,  experience,  character,  and
30        general fitness of  the  license  applicant  and  of  the
31        members thereof if the license applicant is a partnership
32        or  association, of the officers and directors thereof if
33        the license  applicant  is  a  corporation,  and  of  the
34        managers   and  members  that  retain  any  authority  or
 
SB1903 Enrolled            -91-      LRB093 08682 RCE 08912 b
 1        responsibility  under  the  operating  agreement  if  the
 2        license applicant is a limited liability company are such
 3        as to command the confidence  of  the  community  and  to
 4        warrant   belief  that  the  business  will  be  operated
 5        honestly, fairly and efficiently within  the  purpose  of
 6        this  Act.   If the Commissioner shall not so find, he or
 7        she shall not issue such license, and  he  or  she  shall
 8        notify the license applicant of the denial.
 9        (b)  All  licenses  shall be issued in duplicate with one
10    copy being transmitted  to  the  license  applicant  and  the
11    second being retained with the Commissioner.
12        Upon  receipt  of  such  license,  a residential mortgage
13    licensee shall  be  authorized  to  engage  in  the  business
14    regulated  by  this  Act.   Such license shall remain in full
15    force  and  effect  until  it  expires  without  renewal,  is
16    surrendered by  the  licensee  or  revoked  or  suspended  as
17    hereinafter provided.
18    (Source: P.A. 91-586, eff. 8-14-99.)

19        (205 ILCS 635/2-6) (from Ch. 17, par. 2322-6)
20        Sec. 2-6.  License issuance and renewal; fee.
21        (a)  Beginning  July  1,  2003, licenses shall be renewed
22    every year on the anniversary of the date of issuance of  the
23    original  license.  Beginning  May  1,  1992, licenses issued
24    before January 1, 1988, shall be renewed every 2 years on May
25    1.  Beginning May  1,  1992,  licenses  issued  on  or  after
26    January  1,  1988,  shall  be  renewed  every  2 years on the
27    anniversary of the date  of  the  issuance  of  the  original
28    license.   Licenses  issued  for  first time applicants on or
29    after May 1, 1992, shall be renewed on the first  anniversary
30    of  their  issuance  and  every  2 years thereafter. Properly
31    completed renewal application forms and filing fees  must  be
32    received  by  the  Commissioner  45 days prior to the renewal
33    date.
 
SB1903 Enrolled            -92-      LRB093 08682 RCE 08912 b
 1        (b)  It shall be the responsibility of each  licensee  to
 2    accomplish renewal of its license; failure of the licensee to
 3    receive renewal forms absent a request sent by certified mail
 4    for such forms will not waive said responsibility. Failure by
 5    a licensee to submit a properly completed renewal application
 6    form and fees in a timely fashion, absent a written extension
 7    from  the  Commissioner,  will  result  in  the assessment of
 8    additional fees, as follows:
 9             (1)  A fee of $750 $500  will  be  assessed  to  the
10        licensee 30 days after the proper renewal date and $1,500
11        $1,000 each month thereafter, until the license is either
12        renewed  or  expires pursuant to Section 2-6, subsections
13        (c) and (d), of this Act.
14             (2)  Such fee will be assessed without prior  notice
15        to  the  licensee,  but  will  be  assessed only in cases
16        wherein the Commissioner has in  his  or  her  possession
17        documentation  of  the licensee's continuing activity for
18        which the unrenewed license was issued.
19        (c)  A license which is not renewed by the date  required
20    in  this  Section  shall  automatically  become inactive.  No
21    activity regulated by this Act  shall  be  conducted  by  the
22    licensee  when  a  license  becomes  inactive.   An  inactive
23    license may be reactivated by filing a completed reactivation
24    application  with  the  Commissioner,  payment of the renewal
25    fee, and payment of a reactivation fee equal to  the  renewal
26    fee.
27        (d)  A  license  which  is not renewed within one year of
28    becoming inactive shall expire.
29        (e)  A  licensee  ceasing  an  activity   or   activities
30    regulated  by  this Act and desiring to no longer be licensed
31    shall so inform the Commissioner in writing and, at the  same
32    time,  convey the license and all other symbols or indicia of
33    licensure.   The  licensee  shall  include  a  plan  for  the
34    withdrawal from regulated business, including a timetable for
 
SB1903 Enrolled            -93-      LRB093 08682 RCE 08912 b
 1    the disposition  of  the  business.   Upon  receipt  of  such
 2    written  notice,  the  Commissioner  shall  issue a certified
 3    statement canceling the license.
 4    (Source: P.A. 90-301, eff. 8-1-97.)

 5        Section 75-20.  The  Consumer  Installment  Loan  Act  is
 6    amended by changing Section 2 as follows:

 7        (205 ILCS 670/2) (from Ch. 17, par. 5402)
 8        Sec.   2.   Application;   fees;   positive   net  worth.
 9    Application for such license shall be in writing, and in  the
10    form  prescribed  by the Director. Such applicant at the time
11    of making such application shall pay to the Director the  sum
12    of  $300 as an application fee and the additional sum of $450
13    $300 as an annual license fee, for a  period  terminating  on
14    the  last  day of the current calendar year; provided that if
15    the application is filed after June 30th in  any  year,  such
16    license  fee  shall be 1/2 of the annual license fee for such
17    year.
18        Before the license  is  granted,  every  applicant  shall
19    prove in form satisfactory to the Director that the applicant
20    has  and  will  maintain a positive net worth of a minimum of
21    $30,000.  Every  applicant  and  licensee  shall  maintain  a
22    surety  bond  in  the  principal  sum  of $25,000 issued by a
23    bonding company authorized to do business in this  State  and
24    which shall be approved by the Director.  Such bond shall run
25    to  the Director and shall be for the benefit of any consumer
26    who incurs damages as a result of any violation of the Act or
27    rules by a licensee.  If the Director finds at any time  that
28    a  bond  is  of insufficient size, is insecure, exhausted, or
29    otherwise doubtful, an additional  bond  in  such  amount  as
30    determined  by  the  Director  shall be filed by the licensee
31    within 30 days after written demand therefor by the Director.
32    "Net worth" means total assets minus total liabilities.
 
SB1903 Enrolled            -94-      LRB093 08682 RCE 08912 b
 1    (Source: P.A. 92-398, eff. 1-1-02.)

 2        Section 75-23.  The Nursing Home Care Act is  amended  by
 3    changing Section 3-103 as follows:

 4        (210 ILCS 45/3-103) (from Ch. 111 1/2, par. 4153-103)
 5        Sec.  3-103.  The procedure for obtaining a valid license
 6    shall be as follows:
 7        (1)  Application to operate a facility shall be  made  to
 8    the Department on forms furnished by the Department.
 9        (2)  All  license  applications shall be accompanied with
10    an application fee. The fee for an annual  license  shall  be
11    based  on  the licensed capacity of the facility and shall be
12    determined as follows: 0-49 licensed  beds,  a  flat  fee  of
13    $500;  50-99  licensed  beds, a flat fee of $750; and for any
14    facility with 100 or more licensed beds, a fee of $1,000 plus
15    $10 per licensed bed. The fee for a 2-year license  shall  be
16    double  the  fee  for  the  annual  license  set forth in the
17    preceding sentence. The first $600,000 of such fees collected
18    each fiscal year shall be deposited with the State  Treasurer
19    into the Long Term Care Monitor/Receiver Fund, which has been
20    created  as  a  special  fund in the State treasury. Any such
21    fees in excess of $600,000 collected in a fiscal  year  shall
22    be deposited into the General Revenue Fund. All applications,
23    except  those  of homes for the aged, shall be accompanied by
24    an application fee of $200 for an annual license and $400 for
25    a 2 year license. The fee shall be deposited with  the  State
26    Treasurer  into  the  Long  Term  Care Monitor/Receiver Fund,
27    which is hereby created  as  a  special  fund  in  the  State
28    Treasury.  This  special fund is to be used by the Department
29    for expenses related  to  the  appointment  of  monitors  and
30    receivers  as  contained in Sections 3-501 through 3-517.  At
31    the  end  of  each  fiscal  year,  any  funds  in  excess  of
32    $1,000,000 held in the Long Term Care  Monitor/Receiver  Fund
 
SB1903 Enrolled            -95-      LRB093 08682 RCE 08912 b
 1    shall  be  deposited in the State's General Revenue Fund. The
 2    application shall be under oath and the submission  of  false
 3    or misleading information shall be a Class A misdemeanor. The
 4    application shall contain the following information:
 5             (a)  The  name  and  address  of the applicant if an
 6        individual, and if a firm, partnership,  or  association,
 7        of   every   member   thereof,  and  in  the  case  of  a
 8        corporation, the name and  address  thereof  and  of  its
 9        officers  and  its registered agent, and in the case of a
10        unit of local government, the name  and  address  of  its
11        chief executive officer;
12             (b)  The name and location of the facility for which
13        a license is sought;
14             (c)  The  name  of the person or persons under whose
15        management or supervision the facility will be conducted;
16             (d)  The number and  type  of  residents  for  which
17        maintenance, personal care, or nursing is to be provided;
18        and
19             (e)  Such   information   relating  to  the  number,
20        experience,  and  training  of  the  employees   of   the
21        facility,  any management agreements for the operation of
22        the facility, and of the moral character of the applicant
23        and employees as the Department may deem necessary.
24        (3)  Each initial application shall be accompanied  by  a
25    financial  statement setting forth the financial condition of
26    the applicant and by a  statement  from  the  unit  of  local
27    government  having  zoning  jurisdiction  over the facility's
28    location stating that the location of the facility is not  in
29    violation of a zoning ordinance. An initial application for a
30    new  facility shall be accompanied by a permit as required by
31    the "Illinois Health  Facilities  Planning  Act".  After  the
32    application  is  approved,  the  applicant  shall  advise the
33    Department every 6 months of any changes in  the  information
34    originally provided in the application.
 
SB1903 Enrolled            -96-      LRB093 08682 RCE 08912 b
 1        (4)  Other   information   necessary   to  determine  the
 2    identity and qualifications of  an  applicant  to  operate  a
 3    facility in accordance with this Act shall be included in the
 4    application as required by the Department in regulations.
 5    (Source: P.A. 86-663; 87-1102.)

 6        Section 75-25.  The Illinois Insurance Code is amended by
 7    changing  Sections  121-19,  123A-4, 123B-4, 123C-17, 131.24,
 8    141a, 149, 310.1, 315.4, 325, 363a, 370, 403, 403A, 408, 412,
 9    431,  445,  500-70,  500-110,  500-120,   500-135,   511.103,
10    511.105,  511.110,  512.63,  513a3, 513a4, 513a7, 529.5, 544,
11    1020, 1108, and 1204 as follows:

12        (215 ILCS 5/121-19) (from Ch. 73, par. 733-19)
13        Sec.  121-19.  Fine  for  unauthorized   insurance.   Any
14    unauthorized insurer who transacts any unauthorized act of an
15    insurance  business  as  set forth in this Act is guilty of a
16    business offense and may  be  fined  not  more  than  $20,000
17    $10,000.
18    (Source: P. A. 78-255.)

19        (215 ILCS 5/123A-4) (from Ch. 73, par. 735A-4)
20        Sec. 123A-4. Licenses-Application-Fees.
21        (1)  An  advisory  organization  must  be licensed by the
22    Director before it is authorized  to  conduct  activities  in
23    this State.
24        (2)  Any advisory organization shall make application for
25    a  license  as an advisory organization by providing with the
26    application satisfactory evidence to the Director that it has
27    complied with Sections 123A-6 and 123A-7 of this Article.
28        (3)  The fee for filing an  application  as  an  advisory
29    organization is $50 $25 payable to the Director.
30    (Source: P. A. 77-1882.)
 
SB1903 Enrolled            -97-      LRB093 08682 RCE 08912 b
 1        (215 ILCS 5/123B-4) (from Ch. 73, par. 735B-4)
 2        Sec. 123B-4.  Risk retention groups not organized in this
 3    State.  Any  risk retention group organized and licensed in a
 4    state other than this State and seeking to do business  as  a
 5    risk retention group in this State shall comply with the laws
 6    of this State as follows:
 7        A.  Notice  of operations and designation of the Director
 8    as agent.
 9        Before offering insurance in this State, a risk retention
10    group shall submit to the Director on a form approved by  the
11    Director:
12             (1)  a  statement identifying the state or states in
13        which the risk retention group is organized and  licensed
14        as   a   liability   insurance   company,   its  date  of
15        organization, its principal place of business,  and  such
16        other   information,   including   information   on   its
17        membership,  as  the  Director may require to verify that
18        the risk retention group is  qualified  under  subsection
19        (11) of Section 123B-2 of this Article;
20             (2)  a   copy   of  its  plan  of  operations  or  a
21        feasibility study and revisions of  such  plan  or  study
22        submitted  to  its  state of domicile; provided, however,
23        that the provision relating to the submission of  a  plan
24        of  operation or a feasibility study shall not apply with
25        respect  to  any  line  or  classification  of  liability
26        insurance which (a) was defined in the Product  Liability
27        Risk  Retention  Act of 1981 before October 27, 1986, and
28        (b) was offered before such date by  any  risk  retention
29        group which had been organized and operating for not less
30        than 3 years before such date; and
31             (3)  a  statement  of  registration which designates
32        the Director as its agent for the  purpose  of  receiving
33        service  of  legal  documents or process, together with a
34        filing fee of $200 $100 payable to the Director.
 
SB1903 Enrolled            -98-      LRB093 08682 RCE 08912 b
 1        B.  Financial condition.  Any risk retention group  doing
 2    business in this State shall submit to the Director:
 3             (1)  a  copy  of  the  group's  financial  statement
 4        submitted  to the state in which the risk retention group
 5        is organized and licensed, which shall be certified by an
 6        independent public accountant and contain a statement  of
 7        opinion on loss and loss adjustment expense reserves made
 8        by  a  member  of  the American Academy of Actuaries or a
 9        qualified  loss  reserve   specialist   (under   criteria
10        established  by  the  National  Association  of Insurance
11        Commissioners);
12             (2)  a  copy  of  each  examination  of   the   risk
13        retention  group  as  certified  by  the  public official
14        conducting the examination;
15             (3)  upon request by the Director,  a  copy  of  any
16        audit performed with respect to the risk retention group;
17        and
18             (4)  such  information  as may be required to verify
19        its continuing qualification as a  risk  retention  group
20        under subsection (11) of Section 123B-2.
21        C.  Taxation.
22             (1)  Each  risk  retention group shall be liable for
23        the payment of premium taxes and  taxes  on  premiums  of
24        direct business for risks resident or located within this
25        State,  and shall report to the Director the net premiums
26        written for risks resident or located within this  State.
27        Such  risk  retention group shall be subject to taxation,
28        and any applicable fines and penalties  related  thereto,
29        on the same basis as a foreign admitted insurer.
30             (2)  To  the extent licensed insurance producers are
31        utilized pursuant to Section 123B-11, they  shall  report
32        to  the  Director  the  premiums  for direct business for
33        risks resident or located within this  State  which  such
34        licensees  have  placed  with  or  on  behalf  of  a risk
 
SB1903 Enrolled            -99-      LRB093 08682 RCE 08912 b
 1        retention group not organized in this State.
 2             (3)  To the extent that licensed insurance producers
 3        are utilized  pursuant  to  Section  123B-11,  each  such
 4        producer shall keep a complete and separate record of all
 5        policies  procured  from  each such risk retention group,
 6        which  record  shall  be  open  to  examination  by   the
 7        Director,  as  provided  in  Section  506.1 of this Code.
 8        These records shall, for each policy  and  each  kind  of
 9        insurance provided thereunder, include the following:
10                  (a)  the limit of the liability;
11                  (b)  the time period covered;
12                  (c)  the effective date;
13                  (d)  the name of the risk retention group which
14             issued the policy;
15                  (e)  the gross premium charged; and
16                  (f)  the amount of return premiums, if any.
17        D.  Compliance  With  unfair claims practices provisions.
18    Any risk retention  group,  its  agents  and  representatives
19    shall be subject to the unfair claims practices provisions of
20    Sections 154.5 through 154.8 of this Code.
21        E.  Deceptive,  false, or fraudulent practices.  Any risk
22    retention group shall comply with  the  laws  of  this  State
23    regarding  deceptive, false, or fraudulent acts or practices.
24    However, if the Director seeks an injunction  regarding  such
25    conduct,  the  injunction  must  be  obtained from a court of
26    competent jurisdiction.
27        F.  Examination regarding financial condition.  Any  risk
28    retention group must submit to an examination by the Director
29    to  determine  its financial condition if the commissioner of
30    insurance of the jurisdiction in which the group is organized
31    and licensed has not initiated an  examination  or  does  not
32    initiate an examination within 60 days after a request by the
33    Director.  Any such examination shall be coordinated to avoid
34    unjustified repetition and conducted in an expeditious manner
 
SB1903 Enrolled            -100-     LRB093 08682 RCE 08912 b
 1    and  in accordance with the National Association of Insurance
 2    Commissioners' Examiner Handbook.
 3        G.  Notice to purchasers.   Every  application  form  for
 4    insurance  from a risk retention group and the front page and
 5    declaration page of every policy issued by a  risk  retention
 6    group shall contain in 10 point type the following notice:
 7                               "NOTICE
 8        This  policy is issued by your risk retention group. Your
 9    risk retention group is not subject to all of  the  insurance
10    laws   and   regulations   of  your  state.  State  insurance
11    insolvency guaranty fund protection is not available for your
12    risk retention group".
13        H.  Prohibited acts regarding solicitation or sale.   The
14    following   acts   by  a  risk  retention  group  are  hereby
15    prohibited:
16             (1)  the solicitation or sale of insurance by a risk
17        retention group to any person who  is  not  eligible  for
18        membership in such group; and
19             (2)  the  solicitation  or  sale of insurance by, or
20        operation of,  a  risk  retention  group  that  is  in  a
21        hazardous financial condition or is financially impaired.
22        I.  Prohibition on ownership by an insurance company.  No
23    risk  retention group shall be allowed to do business in this
24    State if an insurance company is  directly  or  indirectly  a
25    member  or  owner of such risk retention group, other than in
26    the case of a risk retention group all of whose  members  are
27    insurance companies.
28        J.  Prohibited  coverage.   No  risk  retention group may
29    offer insurance policy coverage prohibited by Articles IX  or
30    XI  of this Code or declared unlawful by the Illinois Supreme
31    Court; provided however, a risk retention group organized and
32    licensed in a state other than this State  that  selects  the
33    law  of  this  State to govern the validity, construction, or
34    enforceability of policies  issued  by  it  is  permitted  to
 
SB1903 Enrolled            -101-     LRB093 08682 RCE 08912 b
 1    provide coverage under policies issued by it for penalties in
 2    the   nature   of  compensatory  damages  including,  without
 3    limitation, punitive damages and the  multiplied  portion  of
 4    multiple  damages,  so long as coverage of those penalties is
 5    not prohibited by the law of the state under which  the  risk
 6    retention group is organized.
 7        K.  Delinquency  proceedings.  A risk retention group not
 8    organized in this State and  doing  business  in  this  State
 9    shall  comply  with  a  lawful  order  issued  in a voluntary
10    dissolution proceeding or in a conservation,  rehabilitation,
11    liquidation, or other delinquency proceeding commenced by the
12    Director  or by another state insurance commissioner if there
13    has  been  a  finding  of  financial  impairment   after   an
14    examination  under  subsection  F  of  Section 123B-4 of this
15    Article.
16        L.  Compliance with injunctive relief.  A risk  retention
17    group shall comply with an injunctive order issued in another
18    state  by  a  court  of competent jurisdiction or by a United
19    States  District  Court  based  on  a  finding  of  financial
20    impairment or hazardous financial condition.
21        M.  Penalties.  A risk retention group that violates  any
22    provision  of  this  Article  will  be  subject  to fines and
23    penalties  applicable   to   licensed   insurers   generally,
24    including  revocation  of  its  license  or  the  right to do
25    business in this State, or both.
26        N.  Operations prior to August 3, 1987.  In  addition  to
27    complying  with  the  requirements  of this Section, any risk
28    retention group operating in this State prior  to  August  3,
29    1987,  shall  within 30 days after such effective date comply
30    with the provisions of subsection A of this Section.
31    (Source: P.A. 91-292, eff. 7-29-99.)

32        (215 ILCS 5/123C-17) (from Ch. 73, par. 735C-17)
33        Sec. 123C-17.  Fees.
 
SB1903 Enrolled            -102-     LRB093 08682 RCE 08912 b
 1        A.  The Director shall charge, collect, and  give  proper
 2    acquittances  for  the  payment  of  the  following  fees and
 3    charges with respect to a captive insurance company:
 4             1.  For  filing  all  documents  submitted  for  the
 5        incorporation  or  organization  or  certification  of  a
 6        captive insurance company, $7,000 $3,500.
 7             2.   For  filing requests for approval of changes in
 8        the elements of a plan of operations, $200 $100.
 9        B.  Except as otherwise provided in subsection A of  this
10    Section and in Section 123C-10, the provisions of Section 408
11    shall apply to captive insurance companies.
12        C.  Any  funds collected from captive insurance companies
13    pursuant to this Section  shall  be  treated  in  the  manner
14    provided in subsection (11) of Section 408.
15    (Source: P.A. 87-108.)

16        (215 ILCS 5/131.24) (from Ch. 73, par. 743.24)
17        Sec. 131.24.  Sanctions.
18        (1)  Every  director  or  officer of an insurance holding
19    company system who knowingly violates,  participates  in,  or
20    assents  to,  or who knowingly permits any of the officers or
21    agents of the company  to  engage  in  transactions  or  make
22    investments which have not been properly filed or approved or
23    which  violate  this  Article, shall pay, in their individual
24    capacity, a  civil  forfeiture  of  not  more  than  $100,000
25    $50,000  per  violation,  after notice and hearing before the
26    Director.  In determining the amount of the civil forfeiture,
27    the Director shall take into account the  appropriateness  of
28    the  forfeiture with respect to the gravity of the violation,
29    the history of previous violations, and such other matters as
30    justice may require.
31        (2)  Whenever it appears to the Director that any company
32    subject to this Article or any director, officer, employee or
33    agent thereof has engaged in any transaction or entered  into
 
SB1903 Enrolled            -103-     LRB093 08682 RCE 08912 b
 1    a contract which is subject to Section 131.20, and any one of
 2    Sections 131.16, 131.20a, 141, 141.1, or 174 of this Code and
 3    which  would  not  have  been approved had such approval been
 4    requested or would have been disapproved had required  notice
 5    been  given,  the Director may order the company to cease and
 6    desist  immediately   any   further   activity   under   that
 7    transaction   or  contract.  After  notice  and  hearing  the
 8    Director may also order (a) the  company  to  void  any  such
 9    contracts and restore the status quo if such action is in the
10    best interest of the policyholders or the public, and (b) any
11    affiliate of the company, which has received from the company
12    dividends,   distributions,   assets,  loans,  extensions  of
13    credit, guarantees, or investments in violation of  any  such
14    Section,  to  immediately  repay,  refund  or  restore to the
15    company such dividends, distributions, assets, extensions  of
16    credit, guarantees or investments.
17        (3)  Whenever it appears to the Director that any company
18    or  any  director,  officer,  employee  or  agent thereof has
19    committed a willful violation of this Article,  the  Director
20    may  cause  criminal  proceedings  to  be  instituted  in the
21    Circuit Court for the county in which the principal office of
22    the company is located or in the Circuit Court of Sangamon or
23    Cook County against such company or the responsible director,
24    officer,  employee  or  agent  thereof.   Any  company  which
25    willfully violates this Article commits  a  business  offense
26    and may be fined up to $500,000 $250,000.  Any individual who
27    willfully  violates this Article commits a Class 4 felony and
28    may be  fined  in  his  individual  capacity  not  more  than
29    $500,000 $250,000 or be imprisoned for not less than one year
30    nor more than 3 years, or both.
31        (4)  Any  officer,  director, or employee of an insurance
32    holding company system who willfully and knowingly subscribes
33    to or makes or causes to be  made  any  false  statements  or
34    false reports or false filings with the intent to deceive the
 
SB1903 Enrolled            -104-     LRB093 08682 RCE 08912 b
 1    Director in the performance of his duties under this Article,
 2    commits  a  Class 3 felony and upon conviction thereof, shall
 3    be imprisoned for not less than 2  years  nor   more  than  5
 4    years  or fined $500,000 $250,000 or both.  Any fines imposed
 5    shall be paid by the officer, Director, or  employee  in  his
 6    individual capacity.
 7    (Source: P.A. 89-97, eff. 7-7-95.)

 8        (215 ILCS 5/141a) (from Ch. 73, par. 753a)
 9        Sec.  141a.   Managing  general  agents and retrospective
10    compensation agreements.
11        (a)  As used in this Section, the  following  terms  have
12    the following meanings:
13        "Actuary" means a person who is a member in good standing
14    of the American Academy of Actuaries.
15        "Gross  direct  written  premium"  means  direct  premium
16    including  policy  and  membership  fees,  net of returns and
17    cancellations, and prior to any cessions.
18        "Insurer" means any person duly licensed in this State as
19    an insurance company pursuant to Articles II, III,  III  1/2,
20    IV, V, VI, and XVII of this Code.
21        "Managing   general   agent"   means  any  person,  firm,
22    association, or corporation, either  separately  or  together
23    with affiliates, that:
24             (1)  manages  all  or part of the insurance business
25        of an insurer (including the  management  of  a  separate
26        division, department, or underwriting office), and
27             (2)  acts  as an agent for the insurer whether known
28        as a managing general agent, manager,  or  other  similar
29        term, and
30             (3)  with   or   without   the  authority  produces,
31        directly or indirectly, and underwrites:
32                  (A)  within any one calendar quarter, an amount
33             of gross direct written premium  equal  to  or  more
 
SB1903 Enrolled            -105-     LRB093 08682 RCE 08912 b
 1             than 5% of the policyholders' surplus as reported in
 2             the insurer's last annual statement, or
 3                  (B)  within any one calendar year, an amount of
 4             gross  direct  written premium equal to or more than
 5             8% of the policyholders' surplus as reported in  the
 6             insurer's last annual statement, and either
 7             (4)  has  the  authority  to  bind  the  company  in
 8        settlement  of  individual claims in amounts in excess of
 9        $500, or
10             (5)  has the authority to negotiate  reinsurance  on
11        behalf of the insurer.
12        Notwithstanding  the provisions of items (1) through (5),
13    the following persons shall not be considered to be  managing
14    general agents for the purposes of this Code:
15             (1)  An employee of the insurer;
16             (2)  A  U.S.  manager of the United States branch of
17        an alien insurer;
18             (3)  An underwriting  manager  who,  pursuant  to  a
19        contract  meeting  the standards of Section 141.1 manages
20        all or part of the insurance operations of  the  insurer,
21        is  affiliated  with the insurer, subject to Article VIII
22        1/2, and whose compensation is not based on the volume of
23        premiums written;
24             (4)  The attorney or the attorney in fact authorized
25        and  acting  for  or  on   behalf   of   the   subscriber
26        policyholders   of   a   reciprocal   or  inter-insurance
27        exchange, under the terms of the subscription  agreement,
28        power of attorney, or policy of insurance or the attorney
29        in  fact  for  any  Lloyds  organization licensed in this
30        State.
31        "Retrospective   compensation   agreement"   means    any
32    arrangement, agreement, or contract having as its purpose the
33    actual  or  constructive  retention by the insurer of a fixed
34    proportion of the gross premiums, with  the  balance  of  the
 
SB1903 Enrolled            -106-     LRB093 08682 RCE 08912 b
 1    premiums, retained actually or constructively by the agent or
 2    the  producer  of  the business, who assumes to pay therefrom
 3    all  losses,  all  subordinate  commission,  loss  adjustment
 4    expenses, and his profit, if any, with  other  provisions  of
 5    the  arrangement,  agreement,  or contract being auxiliary or
 6    incidental to that purpose.
 7        "Underwrite" means to accept or reject risk on behalf  of
 8    the insurer.
 9        (b)  Licensure of managing general agents.
10             (1)  No  person,  firm,  association, or corporation
11        shall act in the capacity of  a  managing  general  agent
12        with  respect  to  risks  located  in  this  State for an
13        insurer licensed in this State unless  the  person  is  a
14        licensed  producer  or  a  registered  firm in this State
15        under Article XXXI of this Code or a licensed third party
16        administrator in this State under  Article  XXXI  1/4  of
17        this Code.
18             (2)  No  person,  firm,  association, or corporation
19        shall act in the capacity of  a  managing  general  agent
20        with  respect  to risks located outside this State for an
21        insurer domiciled in this State unless the  person  is  a
22        licensed  producer  or  a  registered  firm in this State
23        under Article XXXI of this Code or a licensed third party
24        administrator in this State under  Article  XXXI  1/4  of
25        this Code.
26             (3)  The  managing  general  agent  must  provide  a
27        surety  bond  for the benefit of the insurer in an amount
28        equal to the greater of  $100,000  or  5%  of  the  gross
29        direct  written  premium  underwritten  by  the  managing
30        general  agent  on behalf of the insurer.  The bond shall
31        provide for a discovery period and prior notification  of
32        cancellation   in   accordance  with  the  rules  of  the
33        Department unless otherwise approved in  writing  by  the
34        Director.
 
SB1903 Enrolled            -107-     LRB093 08682 RCE 08912 b
 1             (4)  The  managing  general  agent  must maintain an
 2        errors and  omissions  policy  for  the  benefit  of  the
 3        insurer  with  coverage in an amount equal to the greater
 4        of $1,000,000 or 5% of the gross direct  written  premium
 5        underwritten  by  the managing general agent on behalf of
 6        the insurer.
 7             (5)  Evidence of the existence of the bond  and  the
 8        errors and omissions policy must be made available to the
 9        Director upon his request.
10        (c)  No  person, firm, association, or corporation acting
11    in the capacity of  a  managing  general  agent  shall  place
12    business  with  an insurer unless there is in force a written
13    contract  between   the   parties   that   sets   forth   the
14    responsibilities  of  each party, that, if both parties share
15    responsibility  for  a  particular  function,  specifies  the
16    division of responsibility, and that contains  the  following
17    minimum provisions:
18             (1)  The  insurer  may  terminate  the  contract for
19        cause upon written notice to the managing general  agent.
20        The insurer may suspend the underwriting authority of the
21        managing general agent during the pendency of any dispute
22        regarding the cause for termination.
23             (2)  The   managing   general   agent  shall  render
24        accounts to the insurer detailing  all  transactions  and
25        remit  all funds due under the contract to the insurer on
26        not less than a monthly basis.
27             (3)  All funds  collected  for  the  account  of  an
28        insurer  shall be held by the managing general agent in a
29        fiduciary capacity in a bank that is a federally or State
30        chartered bank and  that  is  a  member  of  the  Federal
31        Deposit  Insurance  Corporation.   This  account shall be
32        used for all payments on behalf of the insurer;  however,
33        the  managing  general  agent shall not have authority to
34        draw on any other accounts of the insurer.  The  managing
 
SB1903 Enrolled            -108-     LRB093 08682 RCE 08912 b
 1        general  agent may retain no more than 3 months estimated
 2        claims payments and allocated loss adjustment expenses.
 3             (4)  Separate records of  business  written  by  the
 4        managing  general  agent will be maintained.  The insurer
 5        shall have access to and the right to copy  all  accounts
 6        and  records  related to its business in a form usable by
 7        the insurer, and the Director shall have  access  to  all
 8        books, bank accounts, and records of the managing general
 9        agent in a form usable to the Director.
10             (5)  The  contract  may  not be assigned in whole or
11        part by the managing general agent.
12             (6)  The managing general agent shall provide to the
13        company  audited  financial  statements  required   under
14        paragraph (1) of subsection (d).
15             (7)  That  appropriate  underwriting  guidelines  be
16        followed, which guidelines shall stipulate the following:
17                  (A)  the maximum annual premium volume;
18                  (B)  the basis of the rates to be charged;
19                  (C)  the types of risks that may be written;
20                  (D)  maximum limits of liability;
21                  (E)  applicable exclusions;
22                  (F)  territorial limitations;
23                  (G)  policy cancellation provisions; and
24                  (H)  the maximum policy period.
25             (8)  The insurer shall have the right to: (i) cancel
26        or nonrenew any policy of insurance subject to applicable
27        laws  and  regulations concerning those actions; and (ii)
28        require cancellation of any subproducer's contract  after
29        appropriate notice.
30             (9)  If  the  contract  permits the managing general
31        agent to settle claims on behalf of the insurer:
32                  (A)  all claims must be reported to the company
33             in a timely manner.
34                  (B)  a copy of the claim file must be  sent  to
 
SB1903 Enrolled            -109-     LRB093 08682 RCE 08912 b
 1             the  insurer at its request or as soon as it becomes
 2             known that the claim:
 3                       (i)  has the potential to exceed an amount
 4                  determined by the company;
 5                       (ii)  involves a coverage dispute;
 6                       (iii)  may  exceed  the  managing  general
 7                  agent's claims settlement authority;
 8                       (iv)  is open for more than 6 months; or
 9                       (v)  is closed by payment of an amount set
10                  by the company.
11                  (C)  all claim files will be the joint property
12             of the  insurer  and  the  managing  general  agent.
13             However,   upon  an  order  of  liquidation  of  the
14             insurer, the files shall become the sole property of
15             the insurer or  its  estate;  the  managing  general
16             agent  shall have reasonable access to and the right
17             to copy the files on a timely basis.
18                  (D)  any settlement authority  granted  to  the
19             managing  general  agent may be terminated for cause
20             upon the insurer's written notice  to  the  managing
21             general   agent  or  upon  the  termination  of  the
22             contract.  The insurer may  suspend  the  settlement
23             authority   during   the  pendency  of  any  dispute
24             regarding the cause for termination.
25             (10)  Where   electronic   claims   files   are   in
26        existence,  the  contract   must   address   the   timely
27        transmission of the data.
28             (11)  If  the  contract  provides  for  a sharing of
29        interim profits by the managing  general  agent  and  the
30        managing general agent has the authority to determine the
31        amount  of  the  interim  profits  by  establishing  loss
32        reserves,  controlling  claim  payments,  or by any other
33        manner, interim profits will not be paid to the  managing
34        general  agent  until  one year after they are earned for
 
SB1903 Enrolled            -110-     LRB093 08682 RCE 08912 b
 1        property insurance business and until 5 years after  they
 2        are  earned  on casualty business and in either case, not
 3        until the profits have been verified.
 4             (12)  The managing general agent shall not:
 5                  (A)  Bind  reinsurance  or   retrocessions   on
 6             behalf  of  the  insurer,  except  that the managing
 7             general  agent  may  bind  facultative   reinsurance
 8             contracts under obligatory facultative agreements if
 9             the  contract  with the insurer contains reinsurance
10             underwriting   guidelines   including,   for    both
11             reinsurance  assumed and ceded, a list of reinsurers
12             with which automatic agreements are in  effect,  the
13             coverages  and  amounts  or  percentages that may be
14             reinsured, and commission schedules.
15                  (B)  Appoint any producer without assuring that
16             the producer is lawfully licensed  to  transact  the
17             type of insurance for which he is appointed.
18                  (C)  Without prior approval of the insurer, pay
19             or  commit  the  insurer  to  pay  a  claim  over  a
20             specified amount, net of reinsurance, that shall not
21             exceed 1% of the insurer's policyholders' surplus as
22             of December 31 of the last completed calendar year.
23                  (D)  Collect  any  payment  from a reinsurer or
24             commit the insurer to any claim  settlement  with  a
25             reinsurer without prior approval of the insurer.  If
26             prior  approval  is given, a report must be promptly
27             forwarded to the insurer.
28                  (E)  Permit its subproducer  to  serve  on  its
29             board of directors.
30                  (F)  Employ  an individual who is also employed
31             by the insurer.
32             (13)  The contract may not be written for a term  of
33        greater than 5 years.
34        (d)  Insurers shall have the following duties:
 
SB1903 Enrolled            -111-     LRB093 08682 RCE 08912 b
 1             (1)  The  insurer  shall  have  on file the managing
 2        general agent's audited financial statements  as  of  the
 3        end of the most recent fiscal year prepared in accordance
 4        with   Generally  Accepted  Accounting  Principles.   The
 5        insurer  shall  notify  the  Director  if  the  auditor's
 6        opinion on those statements is other than an  unqualified
 7        opinion.   That  notice  shall  be  given to the Director
 8        within  10  days  of  receiving  the  audited   financial
 9        statements  or  becoming aware that such opinion has been
10        given.
11             (2)  If a managing general  agent  establishes  loss
12        reserves,  the  insurer shall annually obtain the opinion
13        of an actuary attesting to the adequacy of loss  reserves
14        established   for  losses  incurred  and  outstanding  on
15        business produced  by  the  managing  general  agent,  in
16        addition    to    any   other   required   loss   reserve
17        certification.
18             (3)  The  insurer  shall  periodically   (at   least
19        semiannually)   conduct   an   on-site   review   of  the
20        underwriting and  claims  processing  operations  of  the
21        managing general agent.
22             (4)  Binding authority for all reinsurance contracts
23        or  participation  in insurance or reinsurance syndicates
24        shall rest with an officer of the insurer, who shall  not
25        be affiliated with the managing general agent.
26             (5)  Within  30 days of entering into or terminating
27        a contract with a managing  general  agent,  the  insurer
28        shall  provide written notification of the appointment or
29        termination to the Director.  Notices of appointment of a
30        managing general  agent  shall  include  a  statement  of
31        duties  that  the  applicant  is  expected  to perform on
32        behalf of the insurer, the lines of insurance  for  which
33        the  applicant  is to be authorized to act, and any other
34        information the Director may request.
 
SB1903 Enrolled            -112-     LRB093 08682 RCE 08912 b
 1             (6)  An insurer shall review its books  and  records
 2        each  quarter  to  determine if any producer has become a
 3        managing general agent.  If the insurer determines that a
 4        producer has become a managing general agent, the insurer
 5        shall promptly notify the producer and  the  Director  of
 6        that  determination,  and  the  insurer and producer must
 7        fully comply with the provisions of this  Section  within
 8        30 days of the notification.
 9             (7)  The  insurer  shall  file  any managing general
10        agent contract for the Director's approval within 45 days
11        after the  contract  becomes  subject  to  this  Section.
12        Failure of the Director to disapprove the contract within
13        45   days   shall   constitute  approval  thereof.   Upon
14        expiration of the contract, the insurer shall submit  the
15        replacement contract for approval.  Contracts filed under
16        this  Section  shall be exempt from filing under Sections
17        141, 141.1 and 131.20a.
18             (8)  An insurer shall not appoint to  its  board  of
19        directors  an officer, director, employee, or controlling
20        shareholder  of  its  managing  general   agents.    This
21        provision  shall  not  apply to relationships governed by
22        Article VIII 1/2 of this Code.
23        (e)  The acts of a managing general agent are  considered
24    to  be  the acts of the insurer on whose behalf it is acting.
25    A managing general agent may be examined in the  same  manner
26    as an insurer.
27        (f)  Retrospective  compensation  agreements for business
28    written under Section 4 of this Code in Illinois and  outside
29    of  Illinois  by  an  insurer domiciled in this State must be
30    filed for approval.  The standards for approval shall  be  as
31    set forth under Section 141 of this Code.
32        (g)  Unless  specifically  required  by the Director, the
33    provisions of this Section shall not  apply  to  arrangements
34    between  a  managing general agent not underwriting any risks
 
SB1903 Enrolled            -113-     LRB093 08682 RCE 08912 b
 1    located in Illinois and a foreign  insurer  domiciled  in  an
 2    NAIC   accredited   state   that   has   adopted  legislation
 3    substantially similar to the  NAIC  Managing  General  Agents
 4    Model   Act.   "NAIC  accredited  state"  means  a  state  or
 5    territory of the United States having an insurance regulatory
 6    agency that maintains an accredited  status  granted  by  the
 7    National Association of Insurance Commissioners.
 8        (h)  If  the  Director determines that a managing general
 9    agent has not materially complied with this  Section  or  any
10    regulation  or  order promulgated hereunder, after notice and
11    opportunity to be heard, the Director may order a penalty  in
12    an  amount  not  exceeding $100,000 $50,000 for each separate
13    violation and may order the revocation or suspension  of  the
14    producer's  license.   If  it  is  found  that because of the
15    material noncompliance the insurer has suffered any  loss  or
16    damage,  the  Director may maintain a civil action brought by
17    or on  behalf  of  the  insurer  and  its  policyholders  and
18    creditors  for  recovery  of  compensatory  damages  for  the
19    benefit of the insurer and its policyholders and creditors or
20    other  appropriate  relief.  This subsection (h) shall not be
21    construed to prevent  any  other  person  from  taking  civil
22    action against a managing general agent.
23        (i)  If  an  Order  of  Rehabilitation  or Liquidation is
24    entered under Article XIII and the receiver  appointed  under
25    that  Order determines that the managing general agent or any
26    other person has not materially complied with this Section or
27    any regulation or Order promulgated hereunder and the insurer
28    suffered any loss  or  damage  therefrom,  the  receiver  may
29    maintain  a  civil  action  for  recovery of damages or other
30    appropriate sanctions for the benefit of the insurer.
31        Any decision, determination, or  order  of  the  Director
32    under  this  subsection  shall  be subject to judicial review
33    under the Administrative Review Law.
34        Nothing contained in this  subsection  shall  affect  the
 
SB1903 Enrolled            -114-     LRB093 08682 RCE 08912 b
 1    right  of the Director to impose any other penalties provided
 2    for in this Code.
 3        Nothing contained in this subsection is  intended  to  or
 4    shall   in  any  manner  limit  or  restrict  the  rights  of
 5    policyholders, claimants, and auditors.
 6        (j)  A domestic company shall  not  during  any  calendar
 7    year  write,  through   a  managing general agent or managing
 8    general agents, premiums in an amount  equal  to  or  greater
 9    than  its  capital  and  surplus as of the preceding December
10    31st unless the domestic  company  requests  in  writing  the
11    Director's  permission  to  do so and the Director has either
12    approved the request  or  has  not  disapproved  the  request
13    within 45 days after the Director received the request.
14        No  domestic company with less than $5,000,000 of capital
15    and surplus may write any business through a managing general
16    agent unless the domestic company  requests  in  writing  the
17    Director's  permission  to  do so and the Director has either
18    approved the request  or  has  not  disapproved  the  request
19    within 45 days after the Director received the request.
20    (Source: P.A. 88-364; 89-97, eff. 7-7-95.)

21        (215 ILCS 5/149) (from Ch. 73, par. 761)
22        Sec. 149. Misrepresentation and defamation prohibited.
23        (1)  No  company  doing  business  in  this State, and no
24    officer, director, agent, clerk or employee thereof,  broker,
25    or  any other person, shall make, issue or circulate or cause
26    or knowingly permit to be  made,  issued  or  circulated  any
27    estimate,   illustration,  circular,  or  verbal  or  written
28    statement of any sort misrepresenting the terms of any policy
29    issued or to be issued by it or  any  other  company  or  the
30    benefits  or  advantages  promised  thereby or any misleading
31    estimate of the dividends or  share  of  the  surplus  to  be
32    received thereon, or shall by the use of any name or title of
33    any  policy  or  class  of  policies  misrepresent the nature
 
SB1903 Enrolled            -115-     LRB093 08682 RCE 08912 b
 1    thereof.
 2        (2)  No such company or officer, director,  agent,  clerk
 3    or  employee  thereof,  or  broker  shall make any misleading
 4    representation or comparison of companies or policies, to any
 5    person insured in any company for the purpose of inducing  or
 6    tending  to  induce  a  policyholder in any company to lapse,
 7    forfeit, change or surrender  his  insurance,  whether  on  a
 8    temporary or permanent plan.
 9        (3)  No  such company, officer, director, agent, clerk or
10    employee thereof, broker or other person shall make, issue or
11    circulate or cause or knowingly permit to be made, issued  or
12    circulated  any  pamphlet,  circular,  article, literature or
13    verbal or written statement of any kind  which  contains  any
14    false or malicious statement calculated to injure any company
15    doing business in this State in its reputation or business.
16        (4)  No  such company, or officer, director, agent, clerk
17    or employee thereof, no agent, broker, solicitor, or  company
18    service   representative,   and   no   other   person,  firm,
19    corporation, or association of any kind or  character,  shall
20    make,  issue, circulate, use, or utter, or cause or knowingly
21    permit to be made, issued, circulated, used, or uttered,  any
22    policy  or  certificate of insurance, or endorsement or rider
23    thereto, or matter  incorporated  therein  by  reference,  or
24    application  blanks,  or  any stationery, pamphlet, circular,
25    article, literature, advertisement or advertising of any kind
26    or character, visual, or aural, including  radio  advertising
27    and  television  advertising,  or any other verbal or written
28    statement  or  utterance  (a)  which  tends  to  create   the
29    impression  or  from  which  it  may  be implied or inferred,
30    directly or  indirectly,  that  the  company,  its  financial
31    condition  or  status,  or  the payment of its claims, or the
32    merits, desirability, or advisability of its policy forms  or
33    kinds  or  plans  of  insurance  are  approved,  endorsed, or
34    guaranteed  by  the  State  of  Illinois  or  United   States
 
SB1903 Enrolled            -116-     LRB093 08682 RCE 08912 b
 1    Government  or  the Director or the Department or are secured
 2    by Government bonds or are secured  by  a  deposit  with  the
 3    Director, or (b) which uses or refers to any deposit with the
 4    Director or any certificate of deposit issued by the Director
 5    or  any  facsimile,  reprint, photograph, photostat, or other
 6    reproduction of any such certificate of deposit.
 7        (5)  Any company,  officer,  director,  agent,  clerk  or
 8    employee thereof, broker, or other person who violates any of
 9    the  provisions of this Section, or knowingly participates in
10    or abets such violation, is guilty of a business offense  and
11    shall be required to pay a penalty of not less than $200 $100
12    nor  more than $10,000 $5,000, to be recovered in the name of
13    the People of the State of Illinois either  by  the  Attorney
14    General or by the State's Attorney of the county in which the
15    violation occurs. The penalty so recovered shall be paid into
16    the  county  treasury if recovered by the State's Attorney or
17    into the State treasury if recovered by the Attorney General.
18        (6)  No company shall be held guilty of  having  violated
19    any of the provisions of this Section by reason of the act of
20    any agent, solicitor or employee, not an officer, director or
21    department  head  thereof,  unless  an  officer,  director or
22    department  head  of  such  company  shall   have   knowingly
23    permitted such act or shall have had prior knowledge thereof.
24        (7)  Any  person, association, organization, partnership,
25    business trust or corporation not authorized to  transact  an
26    insurance  business  in  this  State which disseminates in or
27    causes to be disseminated  in  this  State  any  advertising,
28    invitations   to  inquire,  questionnaires  or  requests  for
29    information designed to result  in  a  solicitation  for  the
30    purchase  of  insurance  by  residents  of this State is also
31    subject  to  the  sanctions  of  this  Section.   The  phrase
32    "designed to result in a solicitation  for  the  purchase  of
33    insurance" includes but is not limited to:
34             (a)  the  use of any form or document which provides
 
SB1903 Enrolled            -117-     LRB093 08682 RCE 08912 b
 1        either   generalized   or   specific    information    or
 2        recommendations  regardless of the insurance needs of the
 3        recipient or the availability of any insurance policy  or
 4        plan; or
 5             (b)  any   offer  to  provide  such  information  or
 6        recommendation upon subsequent contacts  or  solicitation
 7        either  by  the  entity  generating  the material or some
 8        other person; or
 9             (c)  the use of a coupon, reply card or  request  to
10        write for further information; or
11             (d)  the  use  of an application for insurance or an
12        offer to provide insurance coverage for any purpose; or
13             (e)  the use of any material  which,  regardless  of
14        the form and content used or the information imparted, is
15        intended  to  result,  in  the  generation  of  leads for
16        further solicitations or the  preparation  of  a  mailing
17        list which can be sold to others for such purpose.
18    (Source: P.A. 90-655, eff. 7-30-98.)

19        (215 ILCS 5/310.1) (from Ch. 73, par. 922.1)
20        Sec.  310.1.   Suspension, Revocation or Refusal to Renew
21    Certificate of Authority. (a) Domestic Societies. When,  upon
22    investigation,  the  Director  is satisfied that any domestic
23    society transacting business under this  amendatory  Act  has
24    exceeded  its  powers  or  has  failed  to  comply  with  any
25    provisions   of this amendatory Act or is conducting business
26    fraudulently or in a way hazardous to its members,  creditors
27    or  the  public  or is not carrying out its contracts in good
28    faith, the Director shall notify the society of  his  or  her
29    findings,  stating  in  writing  the  grounds  of  his or her
30    dissatisfaction, and, after reasonable  notice,  require  the
31    society  on a date named to show cause why its certificate of
32    authority should not be revoked  or  suspended  or  why  such
33    society  should  not  be fined as hereinafter provided or why
 
SB1903 Enrolled            -118-     LRB093 08682 RCE 08912 b
 1    the Director should not proceed against   the  society  under
 2    Article  XIII   of  this  Code. If, on the date named in said
 3    notice,  such  objections  have  not  been  removed  to   the
 4    satisfaction  of  the  Director  or  if  the society does not
 5    present good and sufficient  reasons  why  its  authority  to
 6    transact  business  in  this State should not at that time be
 7    revoked or suspended or why such society should not be  fined
 8    as   hereinafter  provided,   the  Director  may  revoke  the
 9    authority  of the society to continue business in this  State
10    and  proceed  against  the society under Article XIII of this
11    Code or suspend such certificate of authority for any  period
12    of  time  up  to, but not to exceed, 2 years; or may by order
13    require such society to pay to the people  of  the  State  of
14    Illinois  a  penalty  in  a sum not exceeding $10,000 $5,000,
15    and, upon the failure of such society  to  pay  such  penalty
16    within  20  days  after  the  mailing  of such order, postage
17    prepaid, registered and addressed to the last known place  of
18    business  of  such society, unless such order is stayed by an
19    order of a court of competent jurisdiction, the Director  may
20    revoke or suspend the  license of such society for any period
21    of time up to, but not exceeding, a period  of 2 years.
22        (b)  Foreign  or  alien  societies.  The  Director  shall
23    suspend,  revoke or refuse to renew certificates of authority
24    in accordance with Article VI of this Code.
25    (Source: P.A. 84-303.)

26        (215 ILCS 5/315.4) (from Ch. 73, par. 927.4)
27        Sec. 315.4.  Penalties.  (a)  Any  person  who  willfully
28    makes  a  false  or fraudulent statement in or relating to an
29    application for membership or for the  purpose  of  obtaining
30    money   from,  or  a  benefit  in,  any  society  shall  upon
31    conviction be fined not less than $200  $100  nor  more  than
32    $10,000  $5,000  or be subject to  imprisonment in the county
33    jail not less than 30 days nor more than one year, or both.
 
SB1903 Enrolled            -119-     LRB093 08682 RCE 08912 b
 1        (b)  Any person who willfully makes a false or fraudulent
 2    statement in any verified report or  declaration  under  oath
 3    required  or  authorized  by  this  amendatory Act, or of any
 4    material  fact  or  thing  contained  in  a  sworn  statement
 5    concerning the death or disability  of  an  insured  for  the
 6    purpose  of  procuring  payment  of  a  benefit  named in the
 7    certificate, shall be guilty of perjury and shall be  subject
 8    to the penalties therefor prescribed by law.
 9        (c)  Any  person  who  solicits membership for, or in any
10    manner assists in procuring membership in,  any  society  not
11    licensed  to  do business in this State shall upon conviction
12    be fined not less than $100 $50 nor more than $400 $200.
13        (d)  Any person guilty of  a  willful  violation  of,  or
14    neglect  or  refusal  to  comply with, the provisions of this
15    amendatory  Act  for  which  a  penalty  is   not   otherwise
16    prescribed  shall  upon  conviction  be subject to a fine not
17    exceeding $10,000 $5,000.
18    (Source: P.A. 84-303.)

19        (215 ILCS 5/325) (from Ch. 73, par. 937)
20        Sec. 325. Officers bonds.
21        The officer or officers of the association entrusted with
22    the custody of its funds shall within thirty days  after  the
23    effective  date of this Code file with the Director a bond in
24    favor of the association in the penalty of double the  amount
25    of  its  benefit  account, as defined in the act mentioned in
26    section 316, as of the end  of  a  preceding  calendar  year,
27    exclusive  of  such amount as the association may maintain on
28    deposit with the Director, (but in  no  event  a  bond  in  a
29    penalty  of  less than $2,000 one thousand dollars) with such
30    officer or officers as principal and a duly authorized surety
31    company as surety, conditioned upon the faithful  performance
32    of  his  or  their  duties  and  the  accounting of the funds
33    entrusted to his or their custody. If the penalty of any bond
 
SB1903 Enrolled            -120-     LRB093 08682 RCE 08912 b
 1    filed pursuant to this section shall at any time be less than
 2    twice  the  largest  amount  in  the  benefit  fund  of   the
 3    association  not  maintained  on  deposit  with  the Director
 4    during the preceding calendar year, a new bond in the penalty
 5    of double the largest amount in the benefit fund during  said
 6    preceding  calendar  year,  with  such officer or officers as
 7    principal and a duly authorized  surety  company  as  surety,
 8    conditioned  as  aforesaid,  shall be filed with the Director
 9    within sixty days after the end of such calendar year.
10    (Source: Laws 1945, p. 966.)

11        (215 ILCS 5/363a) (from Ch. 73, par. 975a)
12        Sec. 363a.   Medicare  supplement  policies;  disclosure,
13    advertising, loss ratio standards.
14        (1)  Scope.   This   Section   pertains   to   disclosure
15    requirements  of  companies  and  agents  and  mandatory  and
16    prohibited  practices  of  agents  when  selling  a policy to
17    supplement the Medicare program or any other health insurance
18    policy sold to individuals eligible for Medicare.  No  policy
19    shall  be  referred  to  or  labeled as a Medicare supplement
20    policy if it does  not  comply  with  the  minimum  standards
21    required  by regulation pursuant to Section 363 of this Code.
22    Except as otherwise specifically provided in paragraph (d) of
23    subsection (6), this Section shall not apply to accident only
24    or specified disease type of policies or hospital confinement
25    indemnity  or  other  type  policies  clearly  unrelated   to
26    Medicare.
27        (2)  Advertising.  An  advertisement  that  describes  or
28    offers to provide information concerning the federal Medicare
29    program shall comply with all of the following:
30             (a)  It  may  not  include  any  reference  to  that
31        program  on  the  envelope,  the  reply  envelope, or the
32        address side of the reply postal card, if  any,  nor  use
33        any  language  to  imply  that  failure to respond to the
 
SB1903 Enrolled            -121-     LRB093 08682 RCE 08912 b
 1        advertisement might result in loss of Medicare benefits.
 2             (b)  It must include a prominent  statement  to  the
 3        effect   that  in  providing  supplemental  coverage  the
 4        insurer and agent involved in the solicitation are not in
 5        any manner connected with that program.
 6             (c)  It must prominently  disclose  that  it  is  an
 7        advertisement  for  insurance  or  is  intended to obtain
 8        insurance prospects.
 9             (d)  It must prominently identify and set forth  the
10        actual  address of the insurer or insurers that issue the
11        coverage.
12             (e)  It must prominently state that any material  or
13        information  offered  will  be  delivered  in person by a
14        representative of the insurer, if that is the case.
15        The Director may issue reasonable rules  and  regulations
16    for  the  purpose of establishing criteria and guidelines for
17    the advertising of Medicare supplement insurance.
18        (3)  Mandatory agent practices.  For the purpose of  this
19    Act,  "home  solicitation  sale  by an agent" means a sale or
20    attempted sale of an  insurance  policy  at  the  purchaser's
21    residence,  agent's  transient  quarters,  or  away  from the
22    agent's home office when the initial  contact  is  personally
23    solicited by the agent or insurer.  Any agent involved in any
24    home  solicitation  sale  of  a Medicare supplement policy or
25    other policy of accident and  health  insurance,  subject  to
26    subsection  (1) of this Section, sold to individuals eligible
27    for Medicare shall promptly do the following:
28             (a)  Identify himself as an insurance agent.
29             (b)  Identify the insurer or insurers for  which  he
30        is a licensed agent.
31             (c)  Provide the purchaser with a clearly printed or
32        typed  identification  of  his  name,  address, telephone
33        number,  and  the  name  of  the  insurer  in  which  the
34        insurance is to be written.
 
SB1903 Enrolled            -122-     LRB093 08682 RCE 08912 b
 1             (d)  Determine what, if any, policy is  appropriate,
 2        suitable,    and   nonduplicative   for   the   purchaser
 3        considering existing coverage  and  be  able  to  provide
 4        proof  to  the company that such a determination has been
 5        made.
 6             (e)  Fully and completely disclose  the  purchaser's
 7        medical history on the application if required for issue.
 8             (f)  Complete  a  Policy  Check List in duplicate as
 9        follows:
10                          POLICY CHECK LIST
11        Applicant's Name:
12        Policy Number:
13        Name of Existing Insurer:
14        Expiration Date of Existing Insurance:
15        Medicare      Existing       Supplement      Insured's
16          Pays        Coverage          Pays       Responsibility
17        Service
18        Hospital
19        Skilled
20        Nursing
21        Home Care
22        Prescription
23        Drugs
24             This policy does/does not (circle one)  comply  with
25        the  minimum standards for Medicare supplements set forth
26        in Section 363 of the Illinois Insurance Code.
27                                           Signature of Applicant
28                                               Signature of Agent
29             This Policy Check List is to  be  completed  in  the
30        presence  of  the  purchaser  at  the  point of sale, and
31        copies of it,  completed  and  duly  signed,  are  to  be
32        provided to the purchaser and to the company.
33             (g)  Except  in  the case of refunds of premium made
34        pursuant to subsection (5) of Section 363 of  this  Code,
 
SB1903 Enrolled            -123-     LRB093 08682 RCE 08912 b
 1        send by mail to an insured or an applicant for insurance,
 2        when  the  insurer  follows  a  practice of having agents
 3        return premium refund drafts issued  by  the  insurer,  a
 4        premium refund draft within 2 weeks of its receipt by the
 5        agent from the insurer making such refund.
 6             (h)  Deliver  to  the  purchaser,  along  with every
 7        policy issued pursuant to Section 363 of  this  Code,  an
 8        Outline  of  Coverage  as  described  in paragraph (b) of
 9        subsection (6) of this Section.
10        (4)  Prohibited agent practices.
11             (a)  No  insurance   agent   engaged   in   a   home
12        solicitation  sale  of  a  Medicare  supplement policy or
13        other policy of accident and health insurance, subject to
14        subsection (1)  of  this  Section,  sold  to  individuals
15        eligible  for Medicare shall use any false, deceptive, or
16        misleading representation to induce a sale,  or  use  any
17        plan, scheme, or ruse, that misrepresents the true status
18        or  mission  of  the person making the call, or represent
19        directly or by implication that the agent:
20                  (i)  Is offering insurance that is approved  or
21             recommended  by  the  State or federal government to
22             supplement Medicare.
23                  (ii)  Is in any way representing, working  for,
24             or   compensated  by  a  local,  State,  or  federal
25             government agency.
26                  (iii)  Is engaged in an  advisory  business  in
27             which  his  compensation is unrelated to the sale of
28             insurance by the  use  of  terms  such  as  Medicare
29             consultant,   Medicare   advisor,  Medicare  Bureau,
30             disability   insurance   consultant,   or    similar
31             expression  in  a  letter,  envelope, reply card, or
32             other.
33                  (iv)  Will provide a continuing service to  the
34             purchaser  of  the  policy  unless  he  does provide
 
SB1903 Enrolled            -124-     LRB093 08682 RCE 08912 b
 1             services  to  the  purchaser  beyond  the  sale  and
 2             renewal of policies.
 3             (b)  No agent engaged in a home solicitation sale of
 4        a Medicare supplement policy or other policy of  accident
 5        and  health  insurance  sold  to individuals eligible for
 6        Medicare shall misrepresent, directly or by  implication,
 7        any of the following:
 8                  (i)  The  identity  of the insurance company or
 9             companies he represents.
10                  (ii)  That the assistance programs of the State
11             or county  or  the  federal  Medicare  programs  for
12             medical  insurance  are  to  be  discontinued or are
13             increasing in cost to the prospective buyer  or  are
14             in any way endangered.
15                  (iii)  That  an  insurance company in which the
16             prospective  purchaser  is  insured  is  financially
17             unstable,  cancelling  its   outstanding   policies,
18             merging, or withdrawing from the State.
19                  (iv)  The coverage of the policy being sold.
20                  (v)  The  effective  date of coverage under the
21             policy.
22                  (vi)  That any pre-existing health condition of
23             the purchaser is irrelevant.
24                  (vii)  The right of the purchaser to cancel the
25             policy within 30 days after receiving it.
26        (5)  Mandatory company practices.  Any  company  involved
27    in  the  sale of Medicare supplement policies or any policies
28    of accident and health insurance (subject to  subsection  (1)
29    of  this  Section)  sold to individuals eligible for Medicare
30    shall do the following:
31             (a)  Be able to  readily  determine  the  number  of
32        accident and health policies in force with the company on
33        each insured eligible for Medicare.
34             (b)  Make   certain   that   policies   of  Medicare
 
SB1903 Enrolled            -125-     LRB093 08682 RCE 08912 b
 1        supplement insurance are  not  issued,  and  any  premium
 2        collected  for  those policies is refunded, when they are
 3        deemed  duplicative,  inappropriate,  or   not   suitable
 4        considering existing coverage with the company.
 5             (c)  Maintain  copies  of  the  Policy Check List as
 6        completed by the agent at the point of sale of a Medicare
 7        supplement policy or any policy of  accident  and  health
 8        insurance  (subject  to  subsection  (1) of this Section)
 9        sold to individuals eligible for Medicare on file at  the
10        company's regional or other administrative office.
11        (6)  Disclosures.   In order to provide for full and fair
12    disclosure in the sale of Medicare supplement policies, there
13    must be compliance with the following:
14             (a)  No Medicare supplement  policy  or  certificate
15        shall  be  delivered  in  this State unless an outline of
16        coverage is  delivered  to  the  applicant  at  the  time
17        application  is  made  and,  except  for  direct response
18        policies,  an  acknowledgement  from  the  applicant   of
19        receipt of the outline is obtained.
20             (b)  Outline  of  coverage requirements for Medicare
21        supplement policies.
22                  (i)  Insurers   issuing   Medicare   supplement
23             policies or certificates for delivery in this  State
24             shall   provide   an  outline  of  coverage  to  all
25             applicants at the  time  application  is  made  and,
26             except for direct response policies, shall obtain an
27             acknowledgement  of  receipt of the outline from the
28             applicant.
29                  (ii)  If an outline of coverage is provided  at
30             the  time of application and the Medicare supplement
31             policy or certificate is  issued  on  a  basis  that
32             would  require revision of the outline, a substitute
33             outline of coverage properly describing  the  policy
34             or   certificate   must   accompany  the  policy  or
 
SB1903 Enrolled            -126-     LRB093 08682 RCE 08912 b
 1             certificate when it is delivered and  shall  contain
 2             immediately  above the company name, in no less than
 3             12 point type, the following statement:
 4                  "NOTICE:  Read   this   outline   of   coverage
 5             carefully.   It  is  not identical to the outline of
 6             coverage provided upon application and the  coverage
 7             originally applied for has not been issued.".
 8                  (iii)  The  outline  of  coverage  provided  to
 9             applicants  shall  be in the form prescribed by rule
10             by the Department.
11             (c)  Insurers issuing policies that provide hospital
12        or medical expense coverage on  an  expense  incurred  or
13        indemnity  basis, other than incidentally, to a person or
14        persons  eligible  for  Medicare  shall  provide  to  the
15        policyholder a buyer's guide approved  by  the  Director.
16        Delivery  of  the  buyer's guide shall be made whether or
17        not  the  policy  qualifies  as  a  "Medicare  Supplement
18        Coverage" in accordance with Section 363  of  this  Code.
19        Except  in the case of direct response insurers, delivery
20        of the buyer's  guide  shall  be  made  at  the  time  of
21        application,    and   acknowledgement   of   receipt   of
22        certification of delivery of the buyer's guide  shall  be
23        provided  to the insurer.  Direct response insurers shall
24        deliver the buyer's guide upon  request,  but  not  later
25        than at the time the policy is delivered.
26             (d)  Outlines  of  coverage  delivered in connection
27        with policies defined in subsection (4) of  Section  355a
28        of  this  Code as Hospital confinement Indemnity (Section
29        4c),  Accident  Only  Coverage  (Section  4f),  Specified
30        Disease (Section 4g) or Limited Benefit Health  Insurance
31        Coverage  to persons eligible for Medicare shall contain,
32        in addition to other requirements for those outlines, the
33        following language that shall be printed on  or  attached
34        to the first page of the outline of coverage:
 
SB1903 Enrolled            -127-     LRB093 08682 RCE 08912 b
 1             "This  policy, certificate or subscriber contract IS
 2        NOT A MEDICARE SUPPLEMENT policy or certificate.  It does
 3        not  fully  supplement  your  federal   Medicare   health
 4        insurance.   If you are eligible for Medicare, review the
 5        Guide  to  Health  Insurance  for  People  with  Medicare
 6        available from the company.".
 7             (e)  In the case wherein a  policy,  as  defined  in
 8        paragraph  (a)  of subsection (2) of Section 355a of this
 9        Code, being  sold  to  a  person  eligible  for  Medicare
10        provides one or more but not all of the minimum standards
11        for Medicare supplements set forth in Section 363 of this
12        Code,  disclosure must be provided that the policy is not
13        a Medicare supplement  and  does  not  meet  the  minimum
14        benefit standards set for those policies in this State.
15        (7)  Loss ratio standards.
16             (a)  Every issuer of Medicare supplement policies or
17        certificates  in this State, as defined in Section 363 of
18        this  Code,  shall  file  annually  its   rates,   rating
19        schedule, and supporting documentation demonstrating that
20        it  is  in  compliance  with  the  applicable  loss ratio
21        standards of this State.  All filings of rates and rating
22        schedules  shall  demonstrate   that   the   actual   and
23        anticipated  losses  in  relation to premiums comply with
24        the requirements of this Code.
25             (b)  Medicare supplement  policies  shall,  for  the
26        entire  period  for  which  rates are computed to provide
27        coverage, on the basis of incurred claims experience  and
28        earned  premiums  for  the  period and in accordance with
29        accepted actuarial principles and  practices,  return  to
30        policyholders  in  the  form  of  aggregate  benefits the
31        following:
32                  (i)  In the case of group  policies,  at  least
33             75% of the aggregate amount of premiums earned.
34                  (ii)  In  the  case  of individual policies, at
 
SB1903 Enrolled            -128-     LRB093 08682 RCE 08912 b
 1             least  60%  of  the  aggregate  amount  of  premiums
 2             earned; and beginning November 5, 1991, at least 65%
 3             of the aggregate amount of premiums earned.
 4                  (iii)  In the case of sponsored group  policies
 5             in which coverage is marketed on an individual basis
 6             by  direct  response to eligible individuals in that
 7             group only, at least 65% of the aggregate amount  of
 8             premiums earned.
 9             (c)  For  the  purposes of this Section, the insurer
10        shall be deemed to comply with the loss  ratio  standards
11        if:   (i)  for  the  most  recent  year, the ratio of the
12        incurred  losses  to  earned  premiums  for  policies  or
13        certificates that have been in force for 3 years or  more
14        is  greater  than  or equal to the applicable percentages
15        contained in  this  Section;  and  (ii)  the  anticipated
16        losses in relation to premiums over the entire period for
17        which the policy is rated comply with the requirements of
18        this  Section.  An anticipated third-year loss ratio that
19        is greater than or equal  to  the  applicable  percentage
20        shall  be  demonstrated  for  policies or certificates in
21        force less than 3 years.
22        (8)  Applicability.  This Section shall  apply  to  those
23    companies writing the kind or kinds of business enumerated in
24    Classes  1(b) and 2(a) of Section 4 of this Code and to those
25    entities organized and operating under the  Voluntary  Health
26    Services  Plans  Act  and the Health Maintenance Organization
27    Act.
28        (9)  Penalties.
29             (a)  Any company or  agent  who  is  found  to  have
30        violated  any  of  the  provisions of this Section may be
31        required by order of the Director of Insurance to forfeit
32        by civil penalty not less than $500 $250  nor  more  than
33        $5,000  $2,500  for each offense.  Written notice will be
34        issued and an opportunity for a hearing will  be  granted
 
SB1903 Enrolled            -129-     LRB093 08682 RCE 08912 b
 1        pursuant to subsection (2) of Section 403A of this Code.
 2             (b)  In  addition  to any other applicable penalties
 3        for violations of this Code,  the  Director  may  require
 4        insurers   violating   any  provision  of  this  Code  or
 5        regulations promulgated pursuant to this  Code  to  cease
 6        marketing in this State any Medicare supplement policy or
 7        certificate  that  is related directly or indirectly to a
 8        violation and may require the insurer to take actions  as
 9        are  necessary  to comply with the provisions of Sections
10        363 and 363a of this Code.
11             (c)  After June 30, 1991, no person  may  advertise,
12        solicit  for  the sale or purchase of, offer for sale, or
13        deliver a Medicare supplement policy that  has  not  been
14        approved   by  the  Director.   A  person  who  knowingly
15        violates, directly or through an agent, the provisions of
16        this paragraph commits a Class 3 felony.  Any person  who
17        violates   the   provisions  of  this  paragraph  may  be
18        subjected to  a  civil  penalty  not  to  exceed  $10,000
19        $5,000.    The civil penalty authorized in this paragraph
20        shall be enforced in the manner provided in Section  403A
21        of this Code.
22        (10)  Replacement.   Application  forms  shall  include a
23    question designed to  elicit  information  as  to  whether  a
24    Medicare  supplement  policy  or  certificate  is intended to
25    replace  any  similar  accident  and   sickness   policy   or
26    certificate  presently  in force. A supplementary application
27    or other form to be signed by the  applicant  containing  the
28    question  may  be  used.  Upon  determining  that  a  sale of
29    Medicare supplement coverage  will  involve  replacement,  an
30    insurer,  other than a direct response insurer, or its agent,
31    shall furnish the applicant, prior to issuance or delivery of
32    the Medicare  supplement  policy  or  certificate,  a  notice
33    regarding  replacement  of  Medicare supplement coverage. One
34    copy of the notice shall be provided to the applicant, and an
 
SB1903 Enrolled            -130-     LRB093 08682 RCE 08912 b
 1    additional copy signed by the applicant shall be retained  by
 2    the  insurer.  A direct response insurer shall deliver to the
 3    applicant at the time of  the  issuance  of  the  policy  the
 4    notice regarding replacement of Medicare supplement coverage.
 5    (Source: P.A. 88-313; 89-484, eff. 6-21-96.)

 6        (215 ILCS 5/370) (from Ch. 73, par. 982)
 7        Sec.    370.    Policies    issued    in   violation   of
 8    article-Penalty.
 9        (1)  Any  company,  or  any  officer  or  agent  thereof,
10    issuing or delivering to any person in this State any  policy
11    in wilful violation of the provision of this article shall be
12    guilty of a petty offense.
13        (2)  The  Director  may revoke the license of any foreign
14    or alien company, or of the agent thereof wilfully  violating
15    any provision of this article or suspend such license for any
16    period of time up to, but not to exceed, two years; or may by
17    order  require  such insurance company or agent to pay to the
18    people of the State of  Illinois  a  penalty  in  a  sum  not
19    exceeding  $1,000  five hundred dollars, and upon the failure
20    of such insurance company or agent to pay such penalty within
21    twenty days after the mailing of such order, postage prepaid,
22    registered, and addressed to the last known place of business
23    of such insurance company or  agent,  unless  such  order  is
24    stayed  by an order of a court of competent jurisdiction, the
25    Director of Insurance may revoke or suspend  the  license  of
26    such insurance company or agent for any period of time up to,
27    but not exceeding a period of, two years.
28    (Source: P.A. 77-2699.)

29        (215 ILCS 5/403) (from Ch. 73, par. 1015)
30        Sec. 403.  Power to subpoena and examine witnesses.
31        (1)  In  the conduct of any examination, investigation or
32    hearing provided for by this  Code,  the  Director  or  other
 
SB1903 Enrolled            -131-     LRB093 08682 RCE 08912 b
 1    officer  designated  by him or her to conduct the same, shall
 2    have  power  to  compel  the  attendance  of  any  person  by
 3    subpoena, to administer oaths and to examine any person under
 4    oath concerning the  business,  conduct  or  affairs  of  any
 5    company or person subject to the provisions of this Code, and
 6    in  connection  therewith  to  require  the production of any
 7    books, records or papers relevant to the inquiry.
 8        (2)  If a person subpoenaed to attend such inquiry  fails
 9    to  obey  the  command  of  the  subpoena  without reasonable
10    excuse, or if a person in attendance upon such inquiry shall,
11    without reasonable  cause,  refuse  to  be  sworn  or  to  be
12    examined  or  to  answer  a  question or to produce a book or
13    paper when ordered to do so by any  officer  conducting  such
14    inquiry,  or  if any person fails to perform any act required
15    hereunder to be performed, he or she shall be required to pay
16    a penalty of not more than $2,000 $1,000 to be  recovered  in
17    the  name  of  the  People  of  the  State of Illinois by the
18    State's Attorney of the county in which the violation occurs,
19    and the penalty so recovered shall be paid  into  the  county
20    treasury.
21        (3)  When   any   person   neglects  or  refuses  without
22    reasonable cause to obey a subpoena issued by  the  Director,
23    or  refuses  without reasonable cause to testify, to be sworn
24    or to produce any book or paper described  in  the  subpoena,
25    the  Director  may file a petition against such person in the
26    circuit court of the county in which the testimony is desired
27    to be or has been taken or has been attempted  to  be  taken,
28    briefly setting forth the fact of such refusal or neglect and
29    attaching  a  copy  of the subpoena and the return of service
30    thereon and applying for an order requiring  such  person  to
31    attend,  testify  or  produce  the books or papers before the
32    Director  or  his  or  her  actuary,  supervisor,  deputy  or
33    examiner, at such time or place as may be specified  in  such
34    order.  Any  circuit  court of this State, upon the filing of
 
SB1903 Enrolled            -132-     LRB093 08682 RCE 08912 b
 1    such petition, either before or after notice to such  person,
 2    may,  in  the  judicial  discretion  of such court, order the
 3    attendance of such person, the production of books and papers
 4    and the giving of testimony before the Director or any of his
 5    or her actuaries, supervisors, deputies or examiners. If such
 6    person shall fail or refuse to obey the order  of  the  court
 7    and  it shall appear to the court that the failure or refusal
 8    of such person to obey  its  order  is  wilful,  and  without
 9    lawful  excuse, the court shall punish such person by fine or
10    imprisonment in the county jail, or both, as  the  nature  of
11    the  case  may  require,  as  is  now, or as may hereafter be
12    lawful for the court to do in cases of contempt of court.
13        (4)  The fees of  witnesses  for  attendance  and  travel
14    shall be the same as the fees of witnesses before the circuit
15    courts  of  this  State.  When  a witness is subpoenaed by or
16    testifies at the instance of the Director  or  other  officer
17    designated by him or her, such fees shall be paid in the same
18    manner as other expenses of the Department. When a witness is
19    subpoenaed or testifies at the instance of any other party to
20    any  such  proceeding,  the cost of the subpoena or subpoenas
21    duces tecum and the fee of the witness shall be borne by  the
22    party  at whose instance a witness is summoned. In such case,
23    the Department in its discretion, may require  a  deposit  to
24    cover the cost of such service and witness fees.
25    (Source: P.A. 83-334.)

26        (215 ILCS 5/403A) (from Ch. 73, par. 1015A)
27        Sec.  403A.   Violations;   Notice of Apparent Liability;
28    Limitation of  Forfeiture  Liability.   (1)  Any  company  or
29    person,  agent  or  broker, officer or director and any other
30    person subject to this Code and as may be defined in  Section
31    2  of this Code, who willfully or repeatedly fails to observe
32    or who otherwise violates any of the provisions of this  Code
33    or  any  rule or regulation promulgated by the Director under
 
SB1903 Enrolled            -133-     LRB093 08682 RCE 08912 b
 1    authority of this Code or any final  order  of  the  Director
 2    entered  under  the  authority  of  this  Code shall by civil
 3    penalty forfeit to the State of Illinois a sum not to  exceed
 4    $2,000  $1,000.   Each  day  during  which a violation occurs
 5    constitutes a separate offense.  The civil  penalty  provided
 6    for  in  this  Section  shall apply only to those Sections of
 7    this Code or administrative regulations  thereunder  that  do
 8    not otherwise provide for a monetary civil penalty.
 9        (2)  No  forfeiture liability under paragraph (1) of this
10    Section may  attach  unless  a  written  notice  of  apparent
11    liability has been issued by the Director and received by the
12    respondent,  or the Director sends written notice of apparent
13    liability by registered or  certified  mail,  return  receipt
14    requested,  to the last known address of the respondent.  Any
15    respondent so notified must  be  granted  an  opportunity  to
16    request  a  hearing within 10 days from receipt of notice, or
17    to show in writing, why he should  not  be  held  liable.   A
18    notice  issued  under  this  Section must set forth the date,
19    facts and nature of  the  act  or  omission  with  which  the
20    respondent  is  charged  and  must  specifically identify the
21    particular provision of the Code, rule, regulation  or  order
22    of which a violation is charged.
23        (3)  No  forfeiture liability under paragraph (1) of this
24    Section may attach for any violation occurring  more  than  2
25    years prior to the date of issuance of the notice of apparent
26    liability  and  in  no  event  may  the  total  civil penalty
27    forfeiture imposed for the acts or omissions set forth in any
28    one notice of apparent liability exceed $500,000 $250,000.
29        (4)  The civil penalty forfeitures provided for  in  this
30    Section  are payable to the General Revenue Fund of the State
31    of Illinois, and may be recovered in a civil suit in the name
32    of the State of Illinois brought  in  the  Circuit  Court  in
33    Sangamon  County, or in the Circuit Court of the county where
34    the respondent is domiciled or has  its  principal  operating
 
SB1903 Enrolled            -134-     LRB093 08682 RCE 08912 b
 1    office.
 2        (5)  In  any  case  where the Director issues a notice of
 3    apparent liability looking toward the imposition of  a  civil
 4    penalty  forfeiture  under this Section, that fact may not be
 5    used in any other  proceeding  before  the  Director  to  the
 6    prejudice  of  the  respondent to whom the notice was issued,
 7    unless (a) the civil penalty forfeiture has been paid, or (b)
 8    a court has ordered payment of the civil  penalty  forfeiture
 9    and that order has become final.
10    (Source: P.A. 86-938.)

11        (215 ILCS 5/408) (from Ch. 73, par. 1020)
12        Sec. 408.  Fees and charges.
13        (1)  The  Director  shall charge, collect and give proper
14    acquittances for  the  payment  of  the  following  fees  and
15    charges:
16             (a)  For  filing  all  documents  submitted  for the
17        incorporation  or  organization  or  certification  of  a
18        domestic company, except for a fraternal benefit society,
19        $2,000 $1,000.
20             (b)  For filing  all  documents  submitted  for  the
21        incorporation  or  organization  of  a  fraternal benefit
22        society, $500 $250.
23             (c)  For   filing   amendments   to   articles    of
24        incorporation    and   amendments   to   declaration   of
25        organization, except for a fraternal benefit  society,  a
26        mutual  benefit  association,  a burial society or a farm
27        mutual, $200 $100.
28             (d)  For   filing   amendments   to   articles    of
29        incorporation  of  a  fraternal benefit society, a mutual
30        benefit association or a burial society, $100 $50.
31             (e)  For   filing   amendments   to   articles    of
32        incorporation of a farm mutual, $50 $25.
33             (f)  For  filing  bylaws  or amendments thereto, $50
 
SB1903 Enrolled            -135-     LRB093 08682 RCE 08912 b
 1        $25.
 2             (g)  For   filing    agreement    of    merger    or
 3        consolidation:
 4                  (i)  for  a  domestic  company,  except  for  a
 5             fraternal   benefit   society,   a   mutual  benefit
 6             association, a burial society,  or  a  farm  mutual,
 7             $2,000 $1,000.
 8                  (ii)  for  a  foreign  or alien company, except
 9             for a fraternal benefit society, $600 $300.
10                  (iii)  for  a  fraternal  benefit  society,   a
11             mutual  benefit  association, a burial society, or a
12             farm mutual, $200 $100.
13             (h)  For  filing  agreements  of  reinsurance  by  a
14        domestic company, $200 $100.
15             (i)  For filing all documents submitted by a foreign
16        or alien company to be admitted to transact  business  or
17        accredited  as  a  reinsurer  in this State, except for a
18        fraternal benefit society, $5,000 $2,500.
19             (j)  For filing all documents submitted by a foreign
20        or alien fraternal benefit  society  to  be  admitted  to
21        transact business in this State, $500 $250.
22             (k)  For  filing  declaration  of  withdrawal  of  a
23        foreign or alien company, $50 $25.
24             (l)  For filing annual statement, except a fraternal
25        benefit  society,  a mutual benefit association, a burial
26        society, or a farm mutual, $200 $100.
27             (m)  For filing  annual  statement  by  a  fraternal
28        benefit society, $100 $50.
29             (n)  For filing annual statement by a farm mutual, a
30        mutual benefit association, or a burial society, $50 $25.
31             (o)  For  issuing  a  certificate  of  authority  or
32        renewal  thereof  except  to a fraternal benefit society,
33        $200 $100.
34             (p)  For  issuing  a  certificate  of  authority  or
 
SB1903 Enrolled            -136-     LRB093 08682 RCE 08912 b
 1        renewal thereof to a fraternal benefit society, $100 $50.
 2             (q)  For   issuing   an   amended   certificate   of
 3        authority, $50 $25.
 4             (r)  For  each  certified  copy  of  certificate  of
 5        authority, $20 $10.
 6             (s)  For each certificate of deposit, or  valuation,
 7        or compliance or surety certificate, $20 $10.
 8             (t)  For copies of papers or records per page, $1.
 9             (u)  For  each  certification to copies of papers or
10        records, $10.
11             (v)  For   multiple   copies   of    documents    or
12        certificates listed in subparagraphs (r), (s), and (u) of
13        paragraph  (1) of this Section, $10 for the first copy of
14        a certificate of any type and $5 for each additional copy
15        of the same  certificate  requested  at  the  same  time,
16        unless,  pursuant  to  paragraph (2) of this Section, the
17        Director finds these additional fees excessive.
18             (w)  For issuing a permit to sell shares or increase
19        paid-up capital:
20                  (i)  in  connection   with   a   public   stock
21             offering, $300 $150;
22                  (ii)  in any other case, $100 $50.
23             (x)  For  issuing  any other certificate required or
24        permissible under the law, $50 $25.
25             (y)  For filing a plan of exchange of the stock of a
26        domestic   stock   insurance   company,   a    plan    of
27        demutualization  of  a domestic mutual company, or a plan
28        of reorganization under Article XII, $2,000 $1,000.
29             (z)  For filing a  statement  of  acquisition  of  a
30        domestic  company  as  defined  in  Section 131.4 of this
31        Code, $2,000 $1,000.
32             (aa)  For  filing  an  agreement  to  purchase   the
33        business  of  an organization authorized under the Dental
34        Service Plan Act or the Voluntary Health  Services  Plans
 
SB1903 Enrolled            -137-     LRB093 08682 RCE 08912 b
 1        Act  or of a health maintenance organization or a limited
 2        health service organization, $2,000 $1,000.
 3             (bb)  For filing a statement  of  acquisition  of  a
 4        foreign  or alien insurance company as defined in Section
 5        131.12a of this Code, $1,000 $500.
 6             (cc)  For  filing  a   registration   statement   as
 7        required  in Sections 131.13 and 131.14, the notification
 8        as required by Sections 131.16, 131.20a, or 141.4, or  an
 9        agreement  or  transaction required by Sections 124.2(2),
10        141, 141a, or 141.1, $200 $100.
11             (dd)  For filing an application for licensing of:
12                  (i)  a religious  or  charitable  risk  pooling
13             trust or a workers' compensation pool, $1,000 $500;
14                  (ii)  a  workers' compensation service company,
15             $500 $250;
16                  (iii)  a self-insured  automobile  fleet,  $200
17             $100; or
18                  (iv)  a  renewal of or amendment of any license
19             issued pursuant to (i), (ii), or (iii)  above,  $100
20             $50.
21             (ee)  For  filing  articles  of  incorporation for a
22        syndicate to engage in the business of insurance  through
23        the Illinois Insurance Exchange, $2,000 $1,000.
24             (ff)  For  filing  amended articles of incorporation
25        for a syndicate engaged  in  the  business  of  insurance
26        through the Illinois Insurance Exchange, $100 $50.
27             (gg)  For  filing  articles  of  incorporation for a
28        limited syndicate  to  join  with  other  subscribers  or
29        limited  syndicates  to  do business through the Illinois
30        Insurance Exchange, $1,000 $500.
31             (hh)  For filing amended articles  of  incorporation
32        for  a  limited  syndicate  to  do  business  through the
33        Illinois Insurance Exchange, $100 $50.
34             (ii)  For a permit to  solicit  subscriptions  to  a
 
SB1903 Enrolled            -138-     LRB093 08682 RCE 08912 b
 1        syndicate or limited syndicate, $100 $50.
 2             (jj)  For  the  filing  of  each form as required in
 3        Section 143 of this Code, $50 $25 per form.  The fee  for
 4        advisory  and rating organizations shall be $200 $100 per
 5        form.
 6                  (i)  For the purposes of the form  filing  fee,
 7             filings made on insert page basis will be considered
 8             one  form  at  the  time of its original submission.
 9             Changes made to a form subsequent  to  its  approval
10             shall be considered a new filing.
11                  (ii)  Only one fee shall be charged for a form,
12             regardless  of the number of other forms or policies
13             with which it will be used.
14                  (iii)  Fees charged for a policy  filed  as  it
15             will  be  issued  regardless  of the number of forms
16             comprising that policy shall not exceed $1,000  $500
17             or    $2,000    $1000   for   advisory   or   rating
18             organizations.
19                  (iv)  The Director may  by  rule  exempt  forms
20             from such fees.
21             (kk)  For  filing  an application for licensing of a
22        reinsurance intermediary, $500 $250.
23             (ll)  For filing an application  for  renewal  of  a
24        license of a reinsurance intermediary, $200 $100.
25        (2)  When  printed  copies or numerous copies of the same
26    paper or records are furnished or certified, the Director may
27    reduce such fees for copies if he finds them  excessive.   He
28    may,  when  he  considers  it in the public interest, furnish
29    without charge to state  insurance  departments  and  persons
30    other  than  companies, copies or certified copies of reports
31    of examinations and of other papers and records.
32        (3)  The expenses incurred in any performance examination
33    authorized by law shall be paid  by  the  company  or  person
34    being examined. The charge shall be reasonably related to the
 
SB1903 Enrolled            -139-     LRB093 08682 RCE 08912 b
 1    cost   of  the  examination  including  but  not  limited  to
 2    compensation of examiners, electronic data processing  costs,
 3    supervision  and  preparation  of  an  examination report and
 4    lodging and travel expenses. All lodging and travel  expenses
 5    shall  be in accord with the applicable travel regulations as
 6    published by the Department of  Central  Management  Services
 7    and  approved  by the Governor's Travel Control Board, except
 8    that out-of-state lodging  and  travel  expenses  related  to
 9    examinations   authorized  under  Section  132  shall  be  in
10    accordance  with  travel  rates  prescribed  under  paragraph
11    301-7.2 of the Federal Travel Regulations, 41 C.F.R. 301-7.2,
12    for reimbursement of  subsistence  expenses  incurred  during
13    official  travel.   All  lodging  and  travel expenses may be
14    reimbursed directly upon authorization of the Director.  With
15    the  exception of the direct reimbursements authorized by the
16    Director, all performance examination  charges  collected  by
17    the  Department  shall  be  paid  to  the Insurance Producers
18    Administration Fund, however, the electronic data  processing
19    costs  incurred  by  the Department in the performance of any
20    examination shall be billed directly  to  the  company  being
21    examined  for  payment  to the Statistical Services Revolving
22    Fund.
23        (4)  At the  time  of  any  service  of  process  on  the
24    Director  as  attorney  for  such service, the Director shall
25    charge and collect the  sum  of  $20  $10.00,  which  may  be
26    recovered as taxable costs by the party to the suit or action
27    causing  such  service to be made if he prevails in such suit
28    or action.
29        (5) (a)  The  costs  incurred  by   the   Department   of
30    Insurance  in  conducting any hearing authorized by law shall
31    be assessed against  the  parties  to  the  hearing  in  such
32    proportion  as  the  Director of Insurance may determine upon
33    consideration of all relevant circumstances  including:   (1)
34    the  nature  of  the  hearing;  (2)  whether  the hearing was
 
SB1903 Enrolled            -140-     LRB093 08682 RCE 08912 b
 1    instigated by, or for the benefit of a  particular  party  or
 2    parties;  (3)  whether  there  is  a  successful party on the
 3    merits of the proceeding; and  (4)  the  relative  levels  of
 4    participation by the parties.
 5        (b)  For  purposes  of this subsection (5) costs incurred
 6    shall mean the hearing officer fees, court reporter fees, and
 7    travel expenses  of  Department  of  Insurance  officers  and
 8    employees;  provided  however,  that costs incurred shall not
 9    include hearing officer fees or court  reporter  fees  unless
10    the  Department  has  retained  the  services  of independent
11    contractors or outside experts to perform such functions.
12        (c)  The Director shall  make  the  assessment  of  costs
13    incurred  as  part of the final order or decision arising out
14    of the proceeding; provided,  however,  that  such  order  or
15    decision shall include findings and conclusions in support of
16    the  assessment  of  costs.  This subsection (5) shall not be
17    construed as permitting the payment of travel expenses unless
18    calculated  in  accordance   with   the   applicable   travel
19    regulations of the Department of Central Management Services,
20    as  approved  by  the  Governor's  Travel Control Board.  The
21    Director as part of such order or decision shall require  all
22    assessments for hearing officer fees and court reporter fees,
23    if  any,  to be paid directly to the hearing officer or court
24    reporter  by  the  party(s)  assessed  for  such  costs.  The
25    assessments for travel expenses of  Department  officers  and
26    employees  shall be reimbursable to the Director of Insurance
27    for deposit to the fund out of which those expenses had  been
28    paid.
29        (d)  The provisions of this subsection (5) shall apply in
30    the  case  of  any  hearing  conducted  by  the  Director  of
31    Insurance not otherwise specifically provided for by law.
32        (6)  The  Director  shall  charge  and  collect an annual
33    financial regulation fee  from  every  domestic  company  for
34    examination  and  analysis  of its financial condition and to
 
SB1903 Enrolled            -141-     LRB093 08682 RCE 08912 b
 1    fund the  internal  costs  and  expenses  of  the  Interstate
 2    Insurance  Receivership Commission as may be allocated to the
 3    State of Illinois and companies doing an  insurance  business
 4    in  this  State  pursuant  to  Article  X  of  the Interstate
 5    Insurance Receivership Compact.  The fee shall be the greater
 6    fixed amount based upon the combination of nationwide  direct
 7    premium  income  and  nationwide  reinsurance assumed premium
 8    income  or  upon  admitted  assets  calculated   under   this
 9    subsection as follows:
10             (a)  Combination of nationwide direct premium income
11        and nationwide reinsurance assumed premium.
12                  (i)  $150  $100,  if  the  premium is less than
13             $500,000  and  there  is  no   reinsurance   assumed
14             premium;
15                  (ii)  $750  $500, if the premium is $500,000 or
16             more, but less  than  $5,000,000  and  there  is  no
17             reinsurance  assumed  premium;  or if the premium is
18             less than $5,000,000  and  the  reinsurance  assumed
19             premium is less than $10,000,000;
20                  (iii)  $3,750  $2,500,  if  the premium is less
21             than $5,000,000 and the reinsurance assumed  premium
22             is $10,000,000 or more;
23                  (iv)  $7,500   $5,000,   if   the   premium  is
24             $5,000,000 or more, but less than $10,000,000;
25                  (v)  $18,000  $12,000,  if   the   premium   is
26             $10,000,000 or more, but less than $25,000,000;
27                  (vi)  $22,500   $15,000,   if  the  premium  is
28             $25,000,000 or more, but less than $50,000,000;
29                  (vii)  $30,000  $20,000,  if  the  premium   is
30             $50,000,000 or more, but less than $100,000,000;
31                  (viii)  $37,500  $25,000,  if  the  premium  is
32             $100,000,000 or more.
33             (b)  Admitted assets.
34                  (i)  $150  $100,  if  admitted  assets are less
 
SB1903 Enrolled            -142-     LRB093 08682 RCE 08912 b
 1             than $1,000,000;
 2                  (ii)  $750  $500,  if   admitted   assets   are
 3             $1,000,000 or more, but less than $5,000,000;
 4                  (iii)  $3,750  2,500,  if  admitted  assets are
 5             $5,000,000 or more, but less than $25,000,000;
 6                  (iv)  $7,500 $5,000,  if  admitted  assets  are
 7             $25,000,000 or more, but less than $50,000,000;
 8                  (v)  $18,000  $12,000,  if  admitted assets are
 9             $50,000,000 or more, but less than $100,000,000;
10                  (vi)  $22,500 $15,000, if admitted  assets  are
11             $100,000,000 or more, but less than $500,000,000;
12                  (vii)  $30,000  $20,000, if admitted assets are
13             $500,000,000 or more, but less than $1,000,000,000;
14                  (viii)  $37,500 $25,000, if admitted assets are
15             $1,000,000,000 or more.
16             (c)  The sum of financial regulation fees charged to
17        the domestic companies of the same affiliated group shall
18        not exceed $250,000 $100,000  in  the  aggregate  in  any
19        single  year  and  shall be billed by the Director to the
20        member company designated by the group.
21        (7)  The Director shall  charge  and  collect  an  annual
22    financial regulation fee from every foreign or alien company,
23    except  fraternal  benefit societies, for the examination and
24    analysis of its financial condition and to fund the  internal
25    costs  and  expenses of the Interstate Insurance Receivership
26    Commission as may be allocated to the State of  Illinois  and
27    companies  doing an insurance business in this State pursuant
28    to  Article  X  of  the  Interstate  Insurance   Receivership
29    Compact.  The fee shall be a fixed amount based upon Illinois
30    direct  premium  income  and  nationwide  reinsurance assumed
31    premium income in accordance with the following schedule:
32             (a)  $150 $100, if the premium is less than $500,000
33        and there is no reinsurance assumed premium;
34             (b)  $750 $500, if the premium is $500,000 or  more,
 
SB1903 Enrolled            -143-     LRB093 08682 RCE 08912 b
 1        but  less  than  $5,000,000  and  there is no reinsurance
 2        assumed  premium;  or  if  the  premium  is   less   than
 3        $5,000,000  and  the  reinsurance assumed premium is less
 4        than $10,000,000;
 5             (c)  $3,750 $2,500, if  the  premium  is  less  than
 6        $5,000,000   and   the  reinsurance  assumed  premium  is
 7        $10,000,000 or more;
 8             (d)  $7,500 $5,000, if the premium is $5,000,000  or
 9        more, but less than $10,000,000;
10             (e)  $18,000  $12,000, if the premium is $10,000,000
11        or more, but less than $25,000,000;
12             (f)  $22,500 $15,000, if the premium is  $25,000,000
13        or more, but less than $50,000,000;
14             (g)  $30,000  $20,000, if the premium is $50,000,000
15        or more, but less than $100,000,000;
16             (h)  $37,500 $25,000, if the premium is $100,000,000
17        or more.
18        The  sum  of  financial  regulation   fees   under   this
19    subsection  (7)  charged  to  the  foreign or alien companies
20    within the same affiliated group shall  not  exceed  $250,000
21    $100,000  in  the  aggregate  in any single year and shall be
22    billed by the Director to the member  company  designated  by
23    the group.
24        (8)  Beginning  January 1, 1992, the financial regulation
25    fees imposed under subsections (6) and (7)  of  this  Section
26    shall  be  paid  by each company or domestic affiliated group
27    annually.  After January 1, 1994, the fee shall be billed  by
28    Department invoice based upon the company's premium income or
29    admitted  assets  as  shown  in  its annual statement for the
30    preceding calendar year.  The invoice is due upon receipt and
31    must be paid no later than June 30  of  each  calendar  year.
32    All  financial  regulation  fees  collected by the Department
33    shall be paid to the  Insurance  Financial  Regulation  Fund.
34    The  Department  may  not collect financial examiner per diem
 
SB1903 Enrolled            -144-     LRB093 08682 RCE 08912 b
 1    charges from companies subject to subsections (6) and (7)  of
 2    this  Section undergoing financial examination after June 30,
 3    1992.
 4        (9)  In addition to the financial regulation fee required
 5    by  this  Section,  a  company   undergoing   any   financial
 6    examination  authorized  by law shall pay the following costs
 7    and expenses incurred by the  Department:    electronic  data
 8    processing  costs,  the  expenses  authorized  under  Section
 9    131.21  and subsection (d) of Section 132.4 of this Code, and
10    lodging and travel expenses.
11        Electronic  data  processing  costs   incurred   by   the
12    Department  in  the  performance  of any examination shall be
13    billed directly to the  company  undergoing  examination  for
14    payment  to  the Statistical Services Revolving Fund.  Except
15    for direct  reimbursements  authorized  by  the  Director  or
16    direct  payments  made under Section 131.21 or subsection (d)
17    of Section 132.4 of this Code, all financial regulation  fees
18    and  all  financial  examination  charges  collected  by  the
19    Department   shall   be   paid  to  the  Insurance  Financial
20    Regulation Fund.
21        All lodging and travel expenses shall  be  in  accordance
22    with   applicable   travel   regulations   published  by  the
23    Department of Central Management Services and approved by the
24    Governor's Travel Control  Board,  except  that  out-of-state
25    lodging   and   travel   expenses   related  to  examinations
26    authorized under Sections 132.1 through  132.7  shall  be  in
27    accordance  with  travel  rates  prescribed  under  paragraph
28    301-7.2 of the Federal Travel Regulations, 41 C.F.R. 301-7.2,
29    for  reimbursement  of  subsistence  expenses incurred during
30    official travel.  All lodging  and  travel  expenses  may  be
31    reimbursed directly upon the authorization of the Director.
32        In  the  case of an organization or person not subject to
33    the financial regulation fee, the expenses  incurred  in  any
34    financial  examination authorized by law shall be paid by the
 
SB1903 Enrolled            -145-     LRB093 08682 RCE 08912 b
 1    organization or person being examined.  The charge  shall  be
 2    reasonably  related to the cost of the examination including,
 3    but not limited to, compensation of examiners and other costs
 4    described in this subsection.
 5        (10)  Any company, person, or entity failing to make  any
 6    payment  of  $150 $100 or more as required under this Section
 7    shall be subject  to  the  penalty  and  interest  provisions
 8    provided for in subsections (4) and (7) of Section 412.
 9        (11)  Unless   otherwise   specified,  all  of  the  fees
10    collected under this Section shall be paid into the Insurance
11    Financial Regulation Fund.
12        (12)  For purposes of this Section:
13             (a)  "Domestic company" means a company  as  defined
14        in  Section  2  of  this  Code  which  is incorporated or
15        organized under the laws of this State, and  in  addition
16        includes  a  not-for-profit  corporation authorized under
17        the Dental Service  Plan  Act  or  the  Voluntary  Health
18        Services  Plans  Act,  a health maintenance organization,
19        and a limited health service organization.
20             (b)  "Foreign company" means a company as defined in
21        Section 2 of this Code which is incorporated or organized
22        under the laws of any state of the  United  States  other
23        than  this  State  and  in  addition  includes  a  health
24        maintenance  organization  and  a  limited health service
25        organization which is incorporated or organized under the
26        laws of any state of the United States  other  than  this
27        State.
28             (c)  "Alien  company"  means a company as defined in
29        Section 2 of this Code which is incorporated or organized
30        under the laws of  any  country  other  than  the  United
31        States.
32             (d)  "Fraternal    benefit    society"    means    a
33        corporation,   society,   order,   lodge   or   voluntary
34        association as defined in Section 282.1 of this Code.
 
SB1903 Enrolled            -146-     LRB093 08682 RCE 08912 b
 1             (e)  "Mutual  benefit  association" means a company,
 2        association or corporation authorized by the Director  to
 3        do business in this State under the provisions of Article
 4        XVIII of this Code.
 5             (f)  "Burial   society"   means   a   person,  firm,
 6        corporation,  society  or  association   of   individuals
 7        authorized  by  the Director to do business in this State
 8        under the provisions of Article XIX of this Code.
 9             (g)  "Farm mutual"  means  a  district,  county  and
10        township  mutual  insurance  company  authorized  by  the
11        Director   to   do  business  in  this  State  under  the
12        provisions of the Farm Mutual Insurance  Company  Act  of
13        1986.
14    (Source: P.A.  90-177,  eff.  7-23-97;  90-583, eff. 5-29-98;
15    91-357, eff. 7-29-99.)


16        (215 ILCS 5/412) (from Ch. 73, par. 1024)
17        Sec. 412. Refunds; penalties; collection.
18        (1) (a)  Whenever it appears to the satisfaction  of  the
19    Director  that  because  of  some  mistake  of fact, error in
20    calculation, or erroneous interpretation of a statute of this
21    or any other state, any authorized company has paid  to  him,
22    pursuant  to  any  provision  of  law,  taxes, fees, or other
23    charges in excess of the amount  legally  chargeable  against
24    it,  during  the  6  year  period  immediately  preceding the
25    discovery of such overpayment, he shall have power to  refund
26    to  such  company  the  amount  of  the excess or excesses by
27    applying the amount or amounts thereof toward the payment  of
28    taxes,  fees,  or  other  charges  already  due, or which may
29    thereafter become due from that company until such excess  or
30    excesses  have been fully refunded, or upon a written request
31    from the authorized company, the  Director  shall  provide  a
32    cash  refund  within  120  days  after receipt of the written
 
SB1903 Enrolled            -147-     LRB093 08682 RCE 08912 b
 1    request if all necessary information has been filed with  the
 2    Department  in order for it to perform an audit of the annual
 3    return for the year in  which  the  overpayment  occurred  or
 4    within  120  days  after the date the Department receives all
 5    the  necessary  information  to  perform  such  audit.    The
 6    Director  shall  not  provide  a  cash  refund  if  there are
 7    insufficient funds in the Insurance Premium Tax  Refund  Fund
 8    to provide a cash refund, if the amount of the overpayment is
 9    less  than  $100,  or if the amount of the overpayment can be
10    fully offset against the taxpayer's estimated  liability  for
11    the  year following the year of the cash refund request.  Any
12    cash refund shall be paid  from  the  Insurance  Premium  Tax
13    Refund  Fund,  a  special  fund  hereby  created in the State
14    treasury.
15        (b)  Beginning  January  1,  2000  and  thereafter,   the
16    Department   shall   deposit  a  percentage  of  the  amounts
17    collected under Sections 409, 444, and  444.1  of  this  Code
18    into  the  Insurance Premium Tax Refund Fund.  The percentage
19    deposited into the Insurance Premium Tax Refund Fund shall be
20    the  annual  percentage.   The  annual  percentage  shall  be
21    calculated as a fraction, the numerator of which shall be the
22    amount of cash refunds approved by the Director  for  payment
23    and  paid  during  the preceding calendar year as a result of
24    overpayment of tax liability under  Sections  409,  444,  and
25    444.1  of this Code and the denominator of which shall be the
26    amounts collected pursuant to Sections 409, 444, and 444.1 of
27    this Code during the preceding calendar  year.   However,  if
28    there were no cash refunds paid in a preceding calendar year,
29    the  Department  shall  deposit 5% of the amount collected in
30    that preceding calendar year pursuant to Sections  409,  444,
31    and  444.1 of this Code into the Insurance Premium Tax Refund
32    Fund instead of an amount  calculated  by  using  the  annual
33    percentage.
34        (c)  Beginning  July  1,  1999,  moneys  in the Insurance
 
SB1903 Enrolled            -148-     LRB093 08682 RCE 08912 b
 1    Premium Tax Refund Fund shall be expended exclusively for the
 2    purpose of paying cash refunds resulting from overpayment  of
 3    tax liability under Sections 409, 444, and 444.1 of this Code
 4    as  determined by the Director pursuant to subsection 1(a) of
 5    this Section.  Cash refunds  made  in  accordance  with  this
 6    Section  may  be  made  from the Insurance Premium Tax Refund
 7    Fund only to the extent that amounts have been deposited  and
 8    retained in the Insurance Premium Tax Refund Fund.
 9        (d)  This  Section  shall  constitute  an irrevocable and
10    continuing  appropriation  from  the  Insurance  Premium  Tax
11    Refund Fund for the purpose of paying cash  refunds  pursuant
12    to the provisions of this Section.
13        (2)  When  any  insurance  company  or  any  surplus line
14    producer fails to file any tax return required under Sections
15    408.1, 409, 444, 444.1 and 445 of this Code or Section 12  of
16    the Fire Investigation Act  on the date prescribed, including
17    any  extensions,  there shall be added as a penalty $400 $200
18    or 10% 5% of the amount of such tax,  whichever  is  greater,
19    for  each  month  or  part of a month of failure to file, the
20    entire penalty not to exceed $2,000 $1,000 or 50% 25% of  the
21    tax due, whichever is greater.
22        (3) (a)  When  any  insurance company or any surplus line
23    producer  fails  to  pay  the  full  amount  due  under   the
24    provisions  of  this Section, Sections 408.1, 409, 444, 444.1
25    or 445 of this Code, or Section 12 of the Fire  Investigation
26    Act,  there  shall be added to the amount due as a penalty an
27    amount equal to 10% 5% of the deficiency.
28        (b)  If such failure to pay is determined by the Director
29    to be wilful, after a hearing under  Sections  402  and  403,
30    there  shall be added to the tax as a penalty an amount equal
31    to the greater of 50% 25% of the deficiency or 10% 5% of  the
32    amount  due and unpaid for each month or part of a month that
33    the deficiency remains unpaid commencing with the  date  that
34    the  amount  becomes due. Such amount shall be in lieu of any
 
SB1903 Enrolled            -149-     LRB093 08682 RCE 08912 b
 1    determined under paragraph (a).
 2        (4)  Any insurance company or any surplus  line  producer
 3    which  fails to pay the full amount due under this Section or
 4    Sections 408.1, 409, 444, 444.1  or  445  of  this  Code,  or
 5    Section  12  of  the  Fire  Investigation  Act  is liable, in
 6    addition to the tax and any penalties, for interest  on  such
 7    deficiency  at  the  rate of 12% per annum, or at such higher
 8    adjusted rates as are or may be established under  subsection
 9    (b)  of  Section  6621 of the Internal Revenue Code, from the
10    date that payment of any such tax was due, determined without
11    regard to any extensions, to the  date  of  payment  of  such
12    amount.
13        (5)  The  Director,  through  the  Attorney  General, may
14    institute an action in the name of the People of the State of
15    Illinois, in any court of  competent  jurisdiction,  for  the
16    recovery  of  the  amount  of such taxes, fees, and penalties
17    due, and prosecute the same to final judgment, and take  such
18    steps as are necessary to collect the same.
19        (6)  In  the event that the certificate of authority of a
20    foreign or alien company is revoked  for  any  cause  or  the
21    company  withdraws  from this State prior to the renewal date
22    of the certificate of authority as provided in  Section  114,
23    the  company  may  recover the amount of any such tax paid in
24    advance. Except as provided in this subsection, no revocation
25    or withdrawal excuses payment of or constitutes  grounds  for
26    the recovery of any taxes or penalties imposed by this Code.
27        (7)  When  an  insurance  company  or domestic affiliated
28    group fails to pay the full amount of any fee of $200 $100 or
29    more due under Section 408 of this Code, there shall be added
30    to the amount due as a penalty the greater of $100 $50 or  an
31    amount  equal  to  10% 5% of the deficiency for each month or
32    part of a month that the deficiency remains unpaid.
33    (Source: P.A. 91-643, eff. 8-20-99.)
 
SB1903 Enrolled            -150-     LRB093 08682 RCE 08912 b
 1        (215 ILCS 5/431) (from Ch. 73, par. 1038)
 2        Sec. 431. Penalty.
 3        Any person who violates a cease and desist order  of  the
 4    Director  under  Section  427, after it has become final, and
 5    while such order is in effect, or who violates  an  order  of
 6    the  Circuit  Court  under  Section  429,  shall,  upon proof
 7    thereof to the satisfaction of the court, forfeit and pay  to
 8    the State of Illinois, a sum not to exceed $1,000 $500, which
 9    may be recovered in a civil action, for each violation.
10    (Source: Laws 1967, p. 990.)

11        (215 ILCS 5/445) (from Ch. 73, par. 1057)
12        Sec. 445.  Surplus line.
13        (1)  Surplus   line   defined;   surplus   line   insurer
14    requirements.   Surplus  line  insurance  is  insurance on an
15    Illinois risk of the kinds specified in Classes 2  and  3  of
16    Section  4 of this Code procured from an unauthorized insurer
17    or a domestic surplus line insurer as defined in Section 445a
18    after the insurance producer representing the insured or  the
19    surplus  line  producer  is unable, after diligent effort, to
20    procure said insurance from insurers which are authorized  to
21    transact  business  in this State other than domestic surplus
22    line insurers as defined in Section 445a.
23        Insurance producers may procure  surplus  line  insurance
24    only  if  licensed  as  a  surplus  line  producer under this
25    Section  and  may  procure  that  insurance  only   from   an
26    unauthorized  insurer or from a domestic surplus line insurer
27    as defined in Section 445a:
28             (a)  that based upon information  available  to  the
29        surplus  line producer has a policyholders surplus of not
30        less  than  $15,000,000  determined  in  accordance  with
31        accounting  rules  that  are  applicable  to   authorized
32        insurers; and
33             (b)  that  has  standards of solvency and management
 
SB1903 Enrolled            -151-     LRB093 08682 RCE 08912 b
 1        that are adequate for the  protection  of  policyholders;
 2        and
 3             (c)  where an unauthorized insurer does not meet the
 4        standards  set forth in (a) and (b) above, a surplus line
 5        producer may, if necessary, procure insurance  from  that
 6        insurer  only  if  prior  written warning of such fact or
 7        condition is  given  to  the  insured  by  the  insurance
 8        producer or surplus line producer.
 9        (2)  Surplus   line   producer;  license.   Any  licensed
10    producer who is a resident of this State, or any  nonresident
11    who  qualifies  under  Section  500-40,  may be licensed as a
12    surplus line producer upon:
13             (a)  completing a prelicensing course of study.  The
14        course provided for by this Section  shall  be  conducted
15        under  rules  and regulations prescribed by the Director.
16        The Director  may  administer  the  course  or  may  make
17        arrangements,   including  contracting  with  an  outside
18        educational service, for  administering  the  course  and
19        collecting  the  non-refundable  application fee provided
20        for in this subsection.   Any  charges  assessed  by  the
21        Director or the educational service for administering the
22        course   shall   be   paid  directly  by  the  individual
23        applicants.  Each applicant required to take  the  course
24        shall  enclose  with the application a non-refundable $20
25        $10 application  fee  payable  to  the  Director  plus  a
26        separate  course  administration  fee.   An applicant who
27        fails to appear for the course as scheduled,  or  appears
28        but  fails  to complete the course, shall not be entitled
29        to any refund, and shall be  required  to  submit  a  new
30        request  to  attend  the  course  together  with  all the
31        requisite  fees  before  being  rescheduled  for  another
32        course at a later date; and
33             (b)  payment of an annual license fee of $400  $200;
34        and
 
SB1903 Enrolled            -152-     LRB093 08682 RCE 08912 b
 1             (c)  procurement  of  the  surety  bond  required in
 2        subsection (4) of this Section.
 3        A surplus line producer so licensed shall keep a separate
 4    account of the business transacted thereunder which shall  be
 5    open  at  all  times to the inspection of the Director or his
 6    representative.
 7        The prelicensing course of study requirement in (a) above
 8    shall not apply to  insurance  producers  who  were  licensed
 9    under  the  Illinois  surplus  line  law  on  or  before  the
10    effective  date  of  this  amendatory Act of the 92nd General
11    Assembly.
12        (3)  Taxes and reports.
13             (a)  Surplus line tax and penalty for late payment.
14             A surplus line producer shall file with the Director
15        on or before February 1 and  August  1  of  each  year  a
16        report  in  the  form  prescribed  by the Director on all
17        surplus  line  insurance   procured   from   unauthorized
18        insurers  during  the  preceding  6  month  period ending
19        December 31 or June 30 respectively, and on the filing of
20        such report shall pay to the Director  for  the  use  and
21        benefit  of the State a sum equal to 3.5% 3% of the gross
22        premiums less returned premiums  upon  all  surplus  line
23        insurance  procured  or  cancelled during the preceding 6
24        months.
25             Any surplus line producer who fails to pay the  full
26        amount  due  under this subsection is liable, in addition
27        to the amount due, for such penalty and interest  charges
28        as  are provided for under Section 412 of this Code.  The
29        Director, through the Attorney General, may institute  an
30        action  in  the  name  of  the  People  of  the  State of
31        Illinois, in any court of competent jurisdiction, for the
32        recovery of the amount of such taxes and  penalties  due,
33        and  prosecute  the same to final judgment, and take such
34        steps as are necessary to collect the same.
 
SB1903 Enrolled            -153-     LRB093 08682 RCE 08912 b
 1             (b)  Fire Marshal Tax.
 2             Each surplus  line  producer  shall  file  with  the
 3        Director  on  or before March 31 of each year a report in
 4        the form prescribed by the Director on all fire insurance
 5        procured from unauthorized insurers subject to tax  under
 6        Section 12 of the Fire Investigation Act and shall pay to
 7        the Director the fire marshal tax required thereunder.
 8             (c)  Taxes  and  fees charged to insured.  The taxes
 9        imposed under this subsection and the countersigning fees
10        charged by the Surplus Line Association of  Illinois  may
11        be charged to and collected from surplus line insureds.
12        (4)  Bond.  Each surplus line producer, as a condition to
13    receiving  a  surplus  line producer's license, shall execute
14    and deliver to the Director a surety bond to  the  People  of
15    the State in the penal sum of $20,000, with a surety which is
16    authorized  to  transact  business in this State, conditioned
17    that the surplus line producer will pay to the  Director  the
18    tax,  interest  and  penalties levied under subsection (3) of
19    this Section.
20        (5)  Submission of documents to Surplus Line  Association
21    of  Illinois.  A  surplus  line  producer  shall submit every
22    insurance contract issued under his or  her  license  to  the
23    Surplus  Line  Association  of  Illinois  for  recording  and
24    countersignature.  The submission and countersignature may be
25    effected  through electronic means.  The submission shall set
26    forth:
27             (a)  the name of the insured;
28             (b)  the description and  location  of  the  insured
29        property or risk;
30             (c)  the amount insured;
31             (d)  the gross premiums charged or returned;
32             (e)  the   name   of  the  unauthorized  insurer  or
33        domestic surplus line insurer as defined in Section  445a
34        from whom coverage has been procured;
 
SB1903 Enrolled            -154-     LRB093 08682 RCE 08912 b
 1             (f)  the kind or kinds of insurance procured; and
 2             (g)  amount  of  premium  subject to tax required by
 3        Section 12 of the Fire Investigation Act.
 4             Proposals, endorsements, and other  documents  which
 5        are  incidental  to the insurance but which do not affect
 6        the  premium  charged  are  exempted  from   filing   and
 7        countersignature.
 8             The  submission of insuring contracts to the Surplus
 9        Line Association of Illinois constitutes a  certification
10        by the surplus line producer or by the insurance producer
11        who  presented  the risk to the surplus line producer for
12        placement as a surplus  line  risk  that  after  diligent
13        effort  the required insurance could not be procured from
14        insurers which are authorized  to  transact  business  in
15        this  State  other than domestic surplus line insurers as
16        defined in Section 445a and  that  such  procurement  was
17        otherwise in accordance with the surplus line law.
18        (6)  Countersignature required.  It shall be unlawful for
19    an  insurance  producer  to  deliver any unauthorized insurer
20    contract or domestic surplus  line  insurer  contract  unless
21    such  insurance contract is countersigned by the Surplus Line
22    Association of Illinois.
23        (7)  Inspection of  records.   A  surplus  line  producer
24    shall  maintain  separate  records of the business transacted
25    under his  or  her  license,  including  complete  copies  of
26    surplus  line  insurance  contracts maintained on paper or by
27    electronic means, which records shall be open  at  all  times
28    for  inspection  by  the  Director  and  by  the Surplus Line
29    Association of Illinois.
30        (8)  Violations and penalties.  The Director may  suspend
31    or  revoke or refuse to renew a surplus line producer license
32    for any violation of this Code. In addition to or in lieu  of
33    suspension  or revocation, the Director may subject a surplus
34    line producer to a civil penalty of up to $2,000  $1,000  for
 
SB1903 Enrolled            -155-     LRB093 08682 RCE 08912 b
 1    each  cause  for  suspension  or revocation.  Such penalty is
 2    enforceable under subsection (5)  of  Section  403A  of  this
 3    Code.
 4        (9)  Director  may  declare  insurer  ineligible.  If the
 5    Director determines that  the  further  assumption  of  risks
 6    might  be  hazardous  to the policyholders of an unauthorized
 7    insurer, the Director may order the Surplus Line  Association
 8    of Illinois not to countersign insurance contracts evidencing
 9    insurance in such insurer and order surplus line producers to
10    cease procuring insurance from such insurer.
11        (10)  Service   of   process  upon  Director.   Insurance
12    contracts delivered  under  this  Section  from  unauthorized
13    insurers  shall  contain a provision designating the Director
14    and his successors in office the true and lawful attorney  of
15    the insurer upon whom may be served all lawful process in any
16    action,  suit  or  proceeding  arising out of such insurance.
17    Service of  process  made  upon  the  Director  to  be  valid
18    hereunder must state the name of the insured, the name of the
19    unauthorized  insurer and identify the contract of insurance.
20    The Director at his option is authorized to forward a copy of
21    the process to the Surplus Line Association of  Illinois  for
22    delivery  to  the  unauthorized  insurer  or the Director may
23    deliver the process to  the  unauthorized  insurer  by  other
24    means which he considers to be reasonably prompt and certain.
25        (11)  The  Illinois  Surplus  Line  law does not apply to
26    insurance of property and operations of railroads or aircraft
27    engaged in  interstate  or  foreign  commerce,  insurance  of
28    vessels,  crafts  or  hulls, cargoes, marine builder's risks,
29    marine protection and indemnity,  or  other  risks  including
30    strikes and war risks insured under ocean or wet marine forms
31    of policies.
32        (12)  Surplus line insurance procured under this Section,
33    including  insurance  procured  from  a domestic surplus line
34    insurer, is not subject to the  provisions  of  the  Illinois
 
SB1903 Enrolled            -156-     LRB093 08682 RCE 08912 b
 1    Insurance  Code  other  than Sections 123, 123.1, 401, 401.1,
 2    402, 403, 403A, 408, 412, 445, 445.1,  445.2,  445.3,  445.4,
 3    and  all of the provisions of Article XXXI to the extent that
 4    the provisions of Article XXXI are not inconsistent with  the
 5    terms of this Act.
 6    (Source: P.A. 92-386, eff. 1-1-02.)

 7        (215 ILCS 5/500-70)
 8        Sec. 500-70.  License denial, nonrenewal, or revocation.
 9        (a)  The   Director  may  place  on  probation,  suspend,
10    revoke, or refuse to issue or renew an  insurance  producer's
11    license  or  may levy a civil penalty in accordance with this
12    Section or take any combination of actions, for  any  one  or
13    more of the following causes:
14             (1)  providing incorrect, misleading, incomplete, or
15        materially untrue information in the license application;
16             (2)  violating  any insurance laws, or violating any
17        rule, subpoena, or order of the Director  or  of  another
18        state's insurance commissioner;
19             (3)  obtaining  or  attempting  to  obtain a license
20        through misrepresentation or fraud;
21             (4)  improperly  withholding,  misappropriating   or
22        converting  any  moneys  or  properties  received  in the
23        course of doing insurance business;
24             (5)  intentionally misrepresenting the terms  of  an
25        actual  or proposed insurance contract or application for
26        insurance;
27             (6)  having been convicted of a felony;
28             (7)  having admitted or been found to have committed
29        any insurance unfair trade practice or fraud;
30             (8)  using  fraudulent,   coercive,   or   dishonest
31        practices,       or      demonstrating      incompetence,
32        untrustworthiness or financial  irresponsibility  in  the
33        conduct of business in this State or elsewhere;
 
SB1903 Enrolled            -157-     LRB093 08682 RCE 08912 b
 1             (9)  having  an  insurance  producer license, or its
 2        equivalent, denied, suspended, or revoked  in  any  other
 3        state, province, district or territory;
 4             (10)  forging a name to an application for insurance
 5        or to a document related to an insurance transaction;
 6             (11)  improperly  using notes or any other reference
 7        material to complete  an  examination  for  an  insurance
 8        license;
 9             (12)  knowingly accepting insurance business from an
10        individual who is not licensed;
11             (13)  failing  to  comply  with an administrative or
12        court order imposing a child support obligation;
13             (14)  failing to pay state income tax or penalty  or
14        interest or comply with any administrative or court order
15        directing payment of state income tax or failed to file a
16        return  or  to pay any final assessment of any tax due to
17        the Department of Revenue; or
18             (15)  failing to make satisfactory repayment to  the
19        Illinois  Student  Assistance Commission for a delinquent
20        or defaulted student loan.
21        (b)  If the  action  by  the  Director  is  to  nonrenew,
22    suspend,  or revoke a license or to deny an application for a
23    license, the Director shall notify the applicant or  licensee
24    and  advise,  in  writing,  the  applicant or licensee of the
25    reason for the suspension, revocation, denial  or  nonrenewal
26    of  the  applicant's  or licensee's license. The applicant or
27    licensee may make written demand upon the Director within  30
28    days  after  the  date  of  mailing  for a hearing before the
29    Director to determine the reasonableness  of  the  Director's
30    action.   The  hearing  must be held within not fewer than 20
31    days nor more than 30 days after the mailing of the notice of
32    hearing and shall be held pursuant to 50 Ill. Adm. Code 2402.
33        (c)  The license of a business entity may  be  suspended,
34    revoked,  or  refused  if  the Director finds, after hearing,
 
SB1903 Enrolled            -158-     LRB093 08682 RCE 08912 b
 1    that an individual licensee's violation was known  or  should
 2    have  been known by one or more of the partners, officers, or
 3    managers acting on behalf of  the  partnership,  corporation,
 4    limited  liability  company, or limited liability partnership
 5    and the violation was neither reported to  the  Director  nor
 6    corrective action taken.
 7        (d)  In  addition to or instead of any applicable denial,
 8    suspension, or revocation of a license, a person  may,  after
 9    hearing,  be  subject  to  a  civil  penalty of up to $10,000
10    $5,000 for each cause for denial, suspension, or  revocation,
11    however,  the  civil  penalty may total no more than $100,000
12    $20,000.
13        (e)  The  Director  has  the  authority  to  enforce  the
14    provisions of and impose any penalty or remedy authorized  by
15    this  Article  against  any person who is under investigation
16    for or charged with a violation of this Code or rules even if
17    the person's license or registration has been surrendered  or
18    has lapsed by operation of law.
19        (f)  Upon  the  suspension,  denial,  or  revocation of a
20    license, the licensee or other person  having  possession  or
21    custody  of  the  license  shall  promptly  deliver it to the
22    Director in person or by mail. The Director shall publish all
23    suspensions, denials, or revocations after  the  suspensions,
24    denials,  or revocations become final in a manner designed to
25    notify interested insurance companies and other persons.
26        (g)  A  person  whose  license  is   revoked   or   whose
27    application  is denied pursuant to this Section is ineligible
28    to apply for any license for 3 years after the revocation  or
29    denial.   A person whose license as an insurance producer has
30    been revoked, suspended,  or  denied  may  not  be  employed,
31    contracted,  or  engaged  in  any  insurance related capacity
32    during the time the revocation, suspension, or denial  is  in
33    effect.
34    (Source: P.A. 92-386, eff. 1-1-02.)
 
SB1903 Enrolled            -159-     LRB093 08682 RCE 08912 b
 1        (215 ILCS 5/500-110)
 2        Sec. 500-110.  Regulatory examinations.
 3        (a)  The Director may examine any applicant for or holder
 4    of  an  insurance  producer  license,  limited  line producer
 5    license  or  temporary  insurance  producer  license  or  any
 6    business entity.
 7        (b)  All  persons  being  examined,  as  well  as   their
 8    officers,   directors,  insurance  producers,  limited  lines
 9    producers, and temporary insurance producers must provide  to
10    the  Director  convenient  and free access, at all reasonable
11    hours at their offices, to all books, records, documents, and
12    other papers relating  to  the  persons'  insurance  business
13    affairs.    The  officers,  directors,  insurance  producers,
14    limited lines producers, temporary insurance  producers,  and
15    employees  must  facilitate  and  aid  the  Director  in  the
16    examinations as much as it is in their power to do so.
17        (c)  The  Director may designate an examiner or examiners
18    to conduct any examination under this Section.  The  Director
19    or his or her designee may administer oaths and examine under
20    oath  any  individual  relative to the business of the person
21    being examined.
22        (d)  The examiners designated by the Director under  this
23    Section  may  make reports to the Director. A report alleging
24    substantive  violations  of  this  Article   or   any   rules
25    prescribed  by  the  Director must be in writing and be based
26    upon facts ascertained from the  books,  records,  documents,
27    papers,  and other evidence obtained by the examiners or from
28    sworn or affirmed testimony of or written affidavits from the
29    person's officers, directors,  insurance  producers,  limited
30    lines  producer,  temporary insurance producers, or employees
31    or other individuals, as given to the examiners.  The  report
32    of an examination must be verified by the examiners.
33        (e)  If  a  report  is  made,  the  Director  must either
34    deliver a  duplicate  of  the  report  to  the  person  being
 
SB1903 Enrolled            -160-     LRB093 08682 RCE 08912 b
 1    examined  or  send  the  duplicate by certified or registered
 2    mail to the person's address of record.  The  Director  shall
 3    afford  the  person  an  opportunity to demand a hearing with
 4    reference to the facts and other evidence  contained  in  the
 5    report.   The person may request a hearing within 14 calendar
 6    days  after  he  or  she  receives  the  duplicate   of   the
 7    examination  report  by giving the Director written notice of
 8    that request,  together  with  a  written  statement  of  the
 9    person's  objections  to  the  report.  The Director must, if
10    requested to do so, conduct  a  hearing  in  accordance  with
11    Sections 402 and 403 of this Code.  The Director must issue a
12    written  order based upon the examination report and upon the
13    hearing, if a hearing is  held,  within  90  days  after  the
14    report  is  filed,  or  within 90 days after the hearing if a
15    hearing is held.  If  the  report  is  refused  or  otherwise
16    undeliverable,  or  a  hearing  is  not requested in a timely
17    fashion, the right to a hearing is waived.  After the hearing
18    or the expiration of the time period in which  a  person  may
19    request a hearing, if the examination reveals that the person
20    is  operating  in violation of any law, rule, or prior order,
21    the Director in the written order may require the  person  to
22    take   any   action   the  Director  considers  necessary  or
23    appropriate in accordance  with  the  report  or  examination
24    hearing.   The   order   is   subject  to  review  under  the
25    Administrative Review Law.
26        (f)  The Director may adopt reasonable rules  to  further
27    the purposes of this Section.
28        (g)  A   person  who  violates  or  aids  and  abets  any
29    violation of a written order issued under this Section  shall
30    be guilty of a business offense and his or her license may be
31    revoked  or  suspended  pursuant  to  Section  500-70 of this
32    Article and he or she may be subjected to a civil penalty  of
33    not more than $20,000 $10,000.
34    (Source: P.A. 92-386, eff. 1-1-02.)
 
SB1903 Enrolled            -161-     LRB093 08682 RCE 08912 b
 1        (215 ILCS 5/500-120)
 2        Sec. 500-120.  Conflicts of interest; inactive status.
 3        (a)  A  person,  partnership, association, or corporation
 4    licensed by the Department who, due to  employment  with  any
 5    unit  of  government  that would cause a conflict of interest
 6    with the holding of that license, notifies  the  Director  in
 7    writing on forms prescribed by the Department and, subject to
 8    rules   of   the  Department,  makes  payment  of  applicable
 9    licensing renewal fees, may elect to place the license on  an
10    inactive status.
11        (b)  A  licensee  whose license is on inactive status may
12    have the  license  restored  by  making  application  to  the
13    Department   on  such  form  as  may  be  prescribed  by  the
14    Department. The application must be accompanied with a fee of
15    $100 $50 plus the current applicable license fee.
16        (c)  A license may be placed on  inactive  status  for  a
17    2-year  period,  and upon request, the inactive status may be
18    extended for a successive  2-year  period  not  to  exceed  a
19    cumulative  4-year inactive period.  After a license has been
20    on inactive status for 4 years or  more,  the  licensee  must
21    meet  all of the standards required of a new applicant before
22    the license may be restored to active status.
23        (d)  If requests for inactive status are not  renewed  as
24    set  forth  in  subsection (c), the license will be taken off
25    the inactive status and the license will lapse immediately.
26    (Source: P.A. 92-386, eff. 1-1-02.)

27        (215 ILCS 5/500-135)
28        Sec. 500-135.  Fees.
29        (a)  The fees required by this Article are as follows:
30             (1)  a fee of $180 for a person who is a resident of
31        Illinois, and $250 for a person who is not a resident  of
32        Illinois,   $150  payable  once  every  2  years  for  an
33        insurance producer license;
 
SB1903 Enrolled            -162-     LRB093 08682 RCE 08912 b
 1             (2)  a  fee  of  $50  $25  for  the  issuance  of  a
 2        temporary insurance producer license;
 3             (3)  a fee of $150 $50 payable once  every  2  years
 4        for a business entity;
 5             (4)  an  annual  $50  $25  fee  for  a  limited line
 6        producer license issued under items (1)  through  (7)  of
 7        subsection (a) of Section 500-100;
 8             (5)  a $50 $25 application fee for the processing of
 9        a   request  to  take  the  written  examination  for  an
10        insurance producer license;
11             (6)  an annual registration fee of $1,000  $500  for
12        registration of an education provider;
13             (7)  a   certification  fee  of  $50  $25  for  each
14        certified pre-licensing or  continuing  education  course
15        and   an   annual   fee  of  $20  $10  for  renewing  the
16        certification of each such course;
17             (8)  a fee of $180 for a person who is a resident of
18        Illinois, and $250 for a person who is not a resident  of
19        Illinois, $50 payable once every 2 years for a car rental
20        limited line license;
21             (9)  a  fee  of $200 $150 payable once every 2 years
22        for a limited  lines  license  other  than  the  licenses
23        issued  under  items (1) through (7) of subsection (a) of
24        Section 500-100 or a car rental limited line license.
25        (b)  Except as otherwise provided, all fees paid  to  and
26    collected  by  the  Director under this Section shall be paid
27    promptly after receipt  thereof,  together  with  a  detailed
28    statement  of  such  fees,  into  a special fund in the State
29    Treasury to be known as the Insurance Producer Administration
30    Fund.  The moneys  deposited  into  the   Insurance  Producer
31    Administration  Fund  may  be  used  only  for payment of the
32    expenses of the Department in the execution,  administration,
33    and  enforcement  of  the  insurance  laws of this State, and
34    shall be appropriated as otherwise provided by  law  for  the
 
SB1903 Enrolled            -163-     LRB093 08682 RCE 08912 b
 1    payment  of  those  expenses  with  first  priority being any
 2    expenses incident to or associated  with  the  administration
 3    and enforcement of this Article.
 4    (Source: P.A. 92-386, eff. 1-1-02.)

 5        (215 ILCS 5/511.103) (from Ch. 73, par. 1065.58-103)
 6        Sec.  511.103.  Application.  The applicant for a license
 7    shall file with the  Director  an  application  upon  a  form
 8    prescribed  by  the  Director,  which  shall  include or have
 9    attached the following:
10        (1)  The names, addresses and official positions  of  the
11    individuals  who  are  responsible  for  the  conduct  of the
12    affairs of the administrator, including but  not  limited  to
13    all  members  of  the  board of directors, board of trustees,
14    executive committee, or other governing board  or  committee,
15    the  principal  officers  in the case of a corporation or the
16    partners in the case of a partnership; and
17        (2)  A non-refundable filing fee of $200 $100 which shall
18    become the  initial  administrator  license  fee  should  the
19    Director issue an administrator license.
20    (Source: P.A. 84-887.)

21        (215 ILCS 5/511.105) (from Ch. 73, par. 1065.58-105)
22        Sec.  511.105.   License.  (a) The Director shall cause a
23    license to be issued to each applicant that has  demonstrated
24    to   the   Director's   satisfaction   compliance   with  the
25    requirements of this Article.
26        (b)  Each administrator license shall remain in effect as
27    long as the holder of the  license  maintains  in  force  and
28    effect  the  bond  required  by  Section 511.104 and pays the
29    annual fee of $200 $100 prior to the anniversary date of  the
30    license,  unless the license is revoked or suspended pursuant
31    to Section 511.107.
32        (c)  Each  license  shall  contain  the  name,   business
 
SB1903 Enrolled            -164-     LRB093 08682 RCE 08912 b
 1    address  and  identification number of the licensee, the date
 2    the license was issued and any other information the Director
 3    considers proper.
 4    (Source: P.A. 84-887.)

 5        (215 ILCS 5/511.110) (from Ch. 73, par. 1065.58-110)
 6        Sec. 511.110.  Administrative Fine.  (a) If the  Director
 7    finds  that  one  or more grounds exist for the revocation or
 8    suspension of  a  license  issued  under  this  Article,  the
 9    Director may, in lieu of or in addition to such suspension or
10    revocation, impose a fine upon the administrator.
11        (b)  With  respect to any knowing and wilful violation of
12    a lawful order of the Director, any applicable portion of the
13    Illinois Insurance Code or Part of Title 50 of  the  Illinois
14    Administrative  Code,  or  a  provision  of this Article, the
15    Director may impose a  fine  upon  the  administrator  in  an
16    amount  not to exceed $10,000 $5,000 for each such violation.
17    In no event shall such fine exceed  an  aggregate  amount  of
18    $50,000 $25,000 for all knowing and wilful violations arising
19    out of the same action.
20    (Source: P.A. 84-887.)

21        (215 ILCS 5/512.63) (from Ch. 73, par. 1065.59-63)
22        Sec. 512.63.  Fees. (a) The fees required by this Article
23    are as follows:
24        (1)  Public  Insurance  Adjuster license annual fee, $100
25    $30;
26        (2)  Registration of Firms, $100 $20;
27        (3)  Application Fee for processing each request to  take
28    the  written  examination  for a Public Adjuster license, $20
29    $10.
30    (Source: P.A. 83-1362.)

31        (215 ILCS 5/513a3) (from Ch. 73, par. 1065.60a3)
 
SB1903 Enrolled            -165-     LRB093 08682 RCE 08912 b
 1        Sec. 513a3.  License required.
 2        (a)  No person may act as a premium  finance  company  or
 3    hold  himself  out to be engaged in the business of financing
 4    insurance premiums, either directly  or  indirectly,  without
 5    first  having obtained a license as a premium finance company
 6    from the Director.
 7        (b)  An insurance producer shall be deemed to be  engaged
 8    in  the  business  of  financing insurance premiums if 10% or
 9    more of the producer's total premium accounts receivable  are
10    more than 90 days past due.
11        (c)  In  addition  to any other penalty set forth in this
12    Article, any person violating subsection (a) of this  Section
13    may, after hearing as set forth in Article XXIV of this Code,
14    be  required  to  pay a civil penalty of not more than $2,000
15    $1000 for each offense.
16        (d)  In addition to any other penalty set forth  in  this
17    Article,  any person violating subsection (a) of this Section
18    is guilty of a Class A misdemeanor.  Any individual violating
19    subsection (a)  of  this  Section,  and  misappropriating  or
20    converting  any  monies  collected  in  conjunction  with the
21    violation, is guilty of a Class 4 felony.
22    (Source: P.A. 89-626, eff. 8-9-96.)

23        (215 ILCS 5/513a4) (from Ch. 73, par. 1065.60a4)
24        Sec. 513a4.  Application and license.
25        (a)  Each application for a premium finance license shall
26    be made on a form specified by  the  Director  and  shall  be
27    signed  by  the applicant declaring under penalty of refusal,
28    suspension, or revocation of the license that the  statements
29    made  in  the  application are true, correct, and complete to
30    the best  of  the  applicant's  knowledge  and  belief.   The
31    Director shall cause to be issued a license to each applicant
32    that has demonstrated to the Director that the applicant:
33             (1)  is  competent  and  trustworthy  and  of a good
 
SB1903 Enrolled            -166-     LRB093 08682 RCE 08912 b
 1        business reputation;
 2             (2)  has a minimum net worth of $50,000; and
 3             (3)  has paid the fees required by this Article.
 4        (b)  Each applicant at the time of request for a  license
 5    or renewal of a license shall:
 6             (1)  certify  that  no charge for financing premiums
 7        shall exceed the rates permitted by this Article;
 8             (2)  certify that the premium finance  agreement  or
 9        other  forms  being  used  are  in  compliance  with  the
10        requirements of this Article;
11             (3)  certify  that he or she has a minimum net worth
12        of $50,000; and
13             (4)  attach with the  application  a  non-refundable
14        annual fee of $400 $200.
15        (c)  An   applicant  who  has  met  the  requirements  of
16    subsection (a) and subsection (b) shall be issued  a  premium
17    finance license.
18        (d)  Each  premium finance license shall remain in effect
19    as long as the holder of the license  annually  continues  to
20    meet  the  requirements of subsections (a) and (b) by the due
21    date unless the  license  is  revoked  or  suspended  by  the
22    Director.
23        (e)  The  individual  holder of a premium finance license
24    shall inform the Director in writing of a change in residence
25    address within 30 days of  the  change,  and  a  corporation,
26    partnership,  or  association  holder  of  a  premium finance
27    license shall inform the Director in writing of a  change  in
28    business address within 30 days of the change.
29        (f)  Every  partnership  or corporation holding a license
30    as a premium  finance  company  shall  appoint  one  or  more
31    partners  or  officers  to  be  responsible  for  the  firm's
32    compliance  with  the  Illinois Insurance Code and applicable
33    rules and regulations.  Any change in the appointed person or
34    persons shall be reported to the Director in  writing  within
 
SB1903 Enrolled            -167-     LRB093 08682 RCE 08912 b
 1    30 days of the change.
 2    (Source: P.A. 87-811.)

 3        (215 ILCS 5/513a7) (from Ch. 73, par. 1065.60a7)
 4        Sec. 513a7.  License suspension; revocation or denial.
 5        (a)  Any   license  issued  under  this  Article  may  be
 6    suspended, revoked, or denied if the Director finds that  the
 7    licensee or applicant:
 8             (1)  has  wilfully  violated  any provisions of this
 9        Code or the rules and regulations thereunder;
10             (2)  has intentionally made a material  misstatement
11        in the application for a license;
12             (3)  has  obtained  or attempted to obtain a license
13        through misrepresentation or fraud;
14             (4)  has misappropriated or converted to his own use
15        or improperly withheld monies;
16             (5)  has used  fraudulent,  coercive,  or  dishonest
17        practices     or     has    demonstrated    incompetence,
18        untrustworthiness, or financial irresponsibility;
19             (6)  has been, within the past 3 years, convicted of
20        a felony,  unless  the  individual  demonstrates  to  the
21        Director  sufficient  rehabilitation  to  warrant  public
22        trust;
23             (7)  has  failed  to appear without reasonable cause
24        or excuse  in  response  to  a  subpoena  issued  by  the
25        Director;
26             (8)  has had a license suspended, revoked, or denied
27        in  any other state on grounds similar to those stated in
28        this Section; or
29             (9)  has failed to report  a  felony  conviction  as
30        required by Section 513a6.
31        (b)  Suspension, revocation, or denial of a license under
32    this  Section  shall be by written order sent to the licensee
33    or applicant by certified or registered mail at  the  address
 
SB1903 Enrolled            -168-     LRB093 08682 RCE 08912 b
 1    specified  in the records of the Department.  The licensee or
 2    applicant may in writing request a  hearing  within  30  days
 3    from  the date of mailing.  If no written request is made the
 4    order shall be final upon  the  expiration  of  that  30  day
 5    period.
 6        (c)  If  the  licensee  or  applicant  requests a hearing
 7    under this Section, the Director shall issue a written notice
 8    of hearing sent to the licensee or applicant by certified  or
 9    registered  mail  at his address, as specified in the records
10    of the Department, and stating:
11             (1)  the grounds, charges, or conduct that justifies
12        suspension, revocation, or denial under this Section;
13             (2)  the specific time for the  hearing,  which  may
14        not  be  fewer  than  20  nor more than 30 days after the
15        mailing of the notice of hearing; and
16             (3)  a specific place for the hearing, which may  be
17        either  in the City of Springfield or in the county where
18        the licensee's principal place of business is located.
19        (d)  Upon the suspension or revocation of a license,  the
20    licensee  or other person having possession or custody of the
21    license shall promptly deliver it to the Director  in  person
22    or  by  mail.  The Director shall publish all suspensions and
23    revocations after they become final in a manner  designed  to
24    notify interested insurance companies and other persons.
25        (e)  Any  person whose license is revoked or denied under
26    this Section shall be ineligible to apply for any license for
27    2 years. A suspension under this Section may be for a  period
28    of up to 2 years.
29        (f)  In  addition  to or instead of a denial, suspension,
30    or revocation of a license under this Section,  the  licensee
31    may  be  subjected  to a civil penalty of up to $2,000 $1,000
32    for each cause for denial,  suspension,  or  revocation.  The
33    penalty  is  enforceable under subsection (5) of Section 403A
34    of this Code.
 
SB1903 Enrolled            -169-     LRB093 08682 RCE 08912 b
 1    (Source: P.A. 87-811.)

 2        (215 ILCS 5/529.5) (from Ch. 73, par. 1065.76-5)
 3        Sec.  529.5.   The  Industry  Placement  Facility   shall
 4    compile  an  annual operating report, and publish such report
 5    in at least 2 newspapers having widespread circulation in the
 6    State, which report shall include:
 7        (1)  a description of  the  origin  and  purpose  of  the
 8    Illinois  Fair  Plan and its relationship to the property and
 9    casualty insurance industry in Illinois;
10        (2)  a  financial  statement  specifying  the  amount  of
11    profit or loss incurred by the  Facility  for  its  financial
12    year; and
13        (3)  a  disclosure  as to the amount of subsidization per
14    type of policy written by the Facility, which is provided  by
15    the  property  and  casualty insurance companies operating in
16    Illinois, if any.
17        This annual report shall be a matter of public record  to
18    be  made  available  to any person requesting a copy from the
19    Facility at a fee not to exceed $10  $5  per  copy.   A  copy
20    shall  be  available  for  inspection  at  the  Department of
21    Insurance.
22    (Source: P.A. 82-499.)

23        (215 ILCS 5/544) (from Ch. 73, par. 1065.94)
24        Sec. 544.  Powers of the  Director.  The  Director  shall
25    either  (a)  suspend  or  revoke,  after  notice  and hearing
26    pursuant to Sections 401, 402  and  403  of  this  Code,  the
27    certificate  of authority to do business in this State of any
28    member company which fails to pay an assessment when  due  or
29    fails  to  comply  with  the plan of operation, or (b) levy a
30    fine on any member company which fails to pay  an  assessment
31    when  due.  Such  fine  shall  not exceed 5% per month of the
32    unpaid assessment, except that no fine  shall  be  less  than
 
SB1903 Enrolled            -170-     LRB093 08682 RCE 08912 b
 1    $200 $100 per month.
 2    (Source: P.A. 85-576.)

 3        (215 ILCS 5/1020) (from Ch. 73, par. 1065.720)
 4        Sec.  1020.   Penalties.  (A) In any case where a hearing
 5    pursuant to Section 1016 results in the finding of a  knowing
 6    violation  of  this Article, the Director may, in addition to
 7    the issuance of a cease and desist  order  as  prescribed  in
 8    Section 1018, order payment of a monetary penalty of not more
 9    than $1,000 $500 for each violation but not to exceed $20,000
10    $10,000 in the aggregate for multiple violations.
11        (B) Any  person  who violates a cease and desist order of
12    the Director under Section 1018 of this  Article  may,  after
13    notice and hearing and upon order of the Director, be subject
14    to  one or more of the following penalties, at the discretion
15    of the Director:
16        (1) a monetary fine of not more than $20,000 $10,000  for
17    each violation,
18        (2) a  monetary fine of not more than $100,000 $50,000 if
19    the Director finds that violations have  occurred  with  such
20    frequency as to constitute a general business practice, or
21        (3) suspension    or    revocation    of   an   insurance
22    institution's or agent's license.
23    (Source: P.A. 82-108.)

24        (215 ILCS 5/1108) (from Ch. 73, par. 1065.808)
25        Sec. 1108.  Trust; filing requirements; records.
26        (1) Any risk retention trust created under  this  Article
27    shall file with the Director:
28             (a)  A   statement   of   intent  to  provide  named
29        coverages.
30             (b)  The trust agreement between the  trust  sponsor
31        and   the   trustees,   detailing  the  organization  and
32        administration    of    the    trust    and     fiduciary
 
SB1903 Enrolled            -171-     LRB093 08682 RCE 08912 b
 1        responsibilities.
 2             (c)  Signed  risk pooling agreements from each trust
 3        member describing their  intent  to  participate  in  the
 4        trust and maintain the contingency reserve fund.
 5             (d)  By  April  1 of each year a financial statement
 6        for the preceding calendar year ending December 31, and a
 7        list of all beneficiaries during the year.  The financial
 8        statement and  report  shall  be  in  such  form  as  the
 9        Director  of  Insurance  may  prescribe.   The  truth and
10        accuracy of the financial statement shall be attested  to
11        by  each  trustee.   Each Risk Retention Trust shall file
12        with the Director by June 1 an opinion of an  independent
13        certified public accountant on the financial condition of
14        the  Risk  Retention  Trust  for the most recent calendar
15        year and  the  results  of  its  operations,  changes  in
16        financial position and changes in capital and surplus for
17        the   year  then  ended  in  conformity  with  accounting
18        practices  permitted  or  prescribed  by   the   Illinois
19        Department of Insurance.
20             (e)  The  name  of a bank or trust company with whom
21        the trust will enter into an escrow agreement which shall
22        state  that  the  contingency  reserve   fund   will   be
23        maintained at the levels prescribed in this Article.
24             (f)  Copies of coverage grants it will issue.
25        (2)  The  Director of Insurance shall charge, collect and
26    give proper acquittances for the  payment  of  the  following
27    fees and charges:
28             (a)  For   filing   trust   instruments,  amendments
29        thereto  and  financial  statement  and  report  of   the
30        trustees, $50 $25.
31             (b)  For  copies  of  papers or records per page, $2
32        $1.
33             (c)  For certificate to copy of paper, $10 $5.
34             (d)  For filing an application for the licensing  of
 
SB1903 Enrolled            -172-     LRB093 08682 RCE 08912 b
 1        a risk retention trust, $1,000 $500.
 2        (3)  The  trust  shall  keep  its  books  and  records in
 3    accordance with the provisions of Section 133 of  this  Code.
 4    The  Director may examine such books and records from time to
 5    time as provided in Sections 132  through 132.7 of this  Code
 6    and  may  charge the expense of such examination to the trust
 7    as provided in subsection (3) of Section 408 of this Code.
 8        (4)  Trust funds established under this Section  and  all
 9    persons  interest  therein  or  dealing  therewith  shall  be
10    subject  to  the provisions of Sections 133, 144.1, 149, 401,
11    401.1, 402, 403, 403A, 412, and  all  of  the  provisions  of
12    Articles VII, VIII, XII 1/2 and XIII of the Code, as amended.
13    Except  as  otherwise  provided  in this Section, trust funds
14    established under and which fully comply with  this  Section,
15    shall not be subjected to any other provision of the Code.
16        (5)  The  Director of Insurance may make reasonable rules
17    and regulations pertaining to the standards of  coverage  and
18    administration of the trust authorized by this Section.  Such
19    rules  may  include  but  need  not  be limited to reasonable
20    standards for fiduciary duties of the trustees, standards for
21    the investment of funds, limitation of risks assumed, minimum
22    size, capital, surplus, reserves, and contingency reserves.
23    (Source: P.A. 89-97, eff. 7-7-95.)

24        (215 ILCS 5/1204) (from Ch. 73, par. 1065.904)
25        Sec. 1204.  (A) The Director shall promulgate  rules  and
26    regulations  which  shall  require  each  insurer licensed to
27    write property or casualty insurance in the  State  and  each
28    syndicate  doing  business on the Illinois Insurance Exchange
29    to record and report its  loss  and  expense  experience  and
30    other  data as may be necessary to assess the relationship of
31    insurance  premiums  and  related  income  as   compared   to
32    insurance costs and expenses.  The Director may designate one
33    or  more rate service organizations or advisory organizations
 
SB1903 Enrolled            -173-     LRB093 08682 RCE 08912 b
 1    to gather and compile such experience and data.  The Director
 2    shall require each insurer  licensed  to  write  property  or
 3    casualty  insurance  in  this  State and each syndicate doing
 4    business on the  Illinois  Insurance  Exchange  to  submit  a
 5    report,  on  a  form  furnished  by the Director, showing its
 6    direct writings in this State and companywide.
 7        (B)  Such report  required  by  subsection  (A)  of  this
 8    Section  may  include,  but  not be limited to, the following
 9    specific types of insurance written by such insurer:
10             (1)  Political   subdivision   liability   insurance
11        reported separately in the following categories:
12                  (a)  municipalities;
13                  (b)  school districts;
14                  (c)  other political subdivisions;
15             (2)  Public official liability insurance;
16             (3)  Dram shop liability insurance;
17             (4)  Day care center liability insurance;
18             (5)  Labor,  fraternal  or  religious  organizations
19        liability insurance;
20             (6)  Errors and omissions liability insurance;
21             (7)  Officers  and  directors  liability   insurance
22        reported separately as follows:
23                  (a)  non-profit entities;
24                  (b)  for-profit entities;
25             (8)  Products liability insurance;
26             (9)  Medical malpractice insurance;
27             (10)  Attorney malpractice insurance;
28             (11)  Architects     and    engineers    malpractice
29        insurance; and
30             (12)  Motor vehicle  insurance  reported  separately
31        for commercial and private passenger vehicles as follows:
32                  (a)  motor vehicle physical damage insurance;
33                  (b)  motor vehicle liability insurance.
34        (C)  Such  report may include, but need not be limited to
 
SB1903 Enrolled            -174-     LRB093 08682 RCE 08912 b
 1    the  following  data,  both  specific  to  this   State   and
 2    companywide, in the aggregate or by type of insurance for the
 3    previous year on a calendar year basis:
 4             (1)  Direct premiums written;
 5             (2)  Direct premiums earned;
 6             (3)  Number of policies;
 7             (4)  Net   investment   income,   using  appropriate
 8        estimates where necessary;
 9             (5)  Losses paid;
10             (6)  Losses incurred;
11             (7)  Loss reserves:
12                  (a)  Losses unpaid on reported claims;
13                  (b)  Losses unpaid on incurred but not reported
14             claims;
15             (8)  Number of claims:
16                  (a)  Paid claims;
17                  (b)  Arising claims;
18             (9)  Loss adjustment expenses:
19                  (a)  Allocated loss adjustment expenses;
20                  (b)  Unallocated loss adjustment expenses;
21             (10)  Net underwriting gain or loss;
22             (11)  Net operation  gain  or  loss,  including  net
23        investment income;
24             (12)  Any   other   information   requested  by  the
25        Director.
26        (D)  In  addition  to  the  information  which   may   be
27    requested under subsection (C), the Director may also request
28    on   a  companywide,  aggregate  basis,  Federal  Income  Tax
29    recoverable,  net  realized  capital  gain   or   loss,   net
30    unrealized  capital  gain or loss, and all other expenses not
31    requested in subsection (C) above.
32        (E)  Violations - Suspensions - Revocations.
33             (1) Any company or person subject to  this  Article,
34        who  willfully  or  repeatedly  fails  to  observe or who
 
SB1903 Enrolled            -175-     LRB093 08682 RCE 08912 b
 1        otherwise violates any of the provisions of this  Article
 2        or  any  rule  or  regulation promulgated by the Director
 3        under authority of this Article or any final order of the
 4        Director entered under  the  authority  of  this  Article
 5        shall by civil penalty forfeit to the State of Illinois a
 6        sum  not to exceed $2,000 $1,000. Each day during which a
 7        violation occurs constitutes a separate offense.
 8             (2)  No forfeiture liability under paragraph (1)  of
 9        this  subsection  may  attach  unless a written notice of
10        apparent liability has been issued by  the  Director  and
11        received by the respondent, or the Director sends written
12        notice  of  apparent liability by registered or certified
13        mail, return receipt requested, to the last known address
14        of the respondent. Any respondent  so  notified  must  be
15        granted  an  opportunity  to  request a hearing within 10
16        days from receipt of notice, or to show in  writing,  why
17        he  should not be held liable. A notice issued under this
18        Section must set forth the date, facts and nature of  the
19        act  or omission with which the respondent is charged and
20        must specifically identify the  particular  provision  of
21        this  Article,  rule,  regulation  or  order  of  which a
22        violation is charged.
23             (3)  No forfeiture liability under paragraph (1)  of
24        this  subsection  may  attach for any violation occurring
25        more than 2 years prior to the date of  issuance  of  the
26        notice  of  apparent  liability  and  in no event may the
27        total civil penalty forfeiture imposed for  the  acts  or
28        omissions  set  forth  in  any  one  notice  of  apparent
29        liability exceed $100,000 $50,000.
30             (4)  All  administrative hearings conducted pursuant
31        to this Article are subject to 50 Ill. Adm. Code 2402 and
32        all  administrative   hearings   are   subject   to   the
33        Administrative Review Law.
34             (5)  The  civil  penalty forfeitures provided for in
 
SB1903 Enrolled            -176-     LRB093 08682 RCE 08912 b
 1        this Section are payable to the General Revenue  Fund  of
 2        the  State  of  Illinois, and may be recovered in a civil
 3        suit in the name of the State of Illinois brought in  the
 4        Circuit  Court in Sangamon County or in the Circuit Court
 5        of the county where the respondent is  domiciled  or  has
 6        its principal operating office.
 7             (6)  In  any case where the Director issues a notice
 8        of apparent liability looking toward the imposition of  a
 9        civil penalty forfeiture under this Section that fact may
10        not  be  used in any other proceeding before the Director
11        to the prejudice of the respondent to whom the notice was
12        issued, unless (a) the civil penalty forfeiture has  been
13        paid,  or  (b)  a  court has ordered payment of the civil
14        penalty forfeiture and that order has become final.
15             (7)  When any person or company  has  a  license  or
16        certificate  of  authority  under this Code and knowingly
17        fails or refuses to comply with a  lawful  order  of  the
18        Director  requiring compliance with this Article, entered
19        after notice and  hearing,  within  the  period  of  time
20        specified  in the order, the Director may, in addition to
21        any other penalty or authority provided, revoke or refuse
22        to renew the license or certificate of authority of  such
23        person   or  company,  or  may  suspend  the  license  or
24        certificate of authority of such person or company  until
25        compliance with such order has been obtained.
26             (8)  When  any  person  or  company has a license or
27        certificate of authority under this  Code  and  knowingly
28        fails  or  refuses to comply with any provisions of  this
29        Article, the Director may, after notice and  hearing,  in
30        addition  to any other penalty provided, revoke or refuse
31        to renew the license or certificate of authority of  such
32        person   or  company,  or  may  suspend  the  license  or
33        certificate of authority of such person or company, until
34        compliance with such provision of this Article  has  been
 
SB1903 Enrolled            -177-     LRB093 08682 RCE 08912 b
 1        obtained.
 2             (9)  No  suspension or revocation under this Section
 3        may become effective until 5 days from the date that  the
 4        notice  of  suspension  or revocation has been personally
 5        delivered or delivered by registered or certified mail to
 6        the company or person. A suspension or  revocation  under
 7        this Section is stayed upon the filing, by the company or
 8        person,  of  a  petition  for  judicial  review under the
 9        Administrative Review Law.
10    (Source: P.A. 91-357, eff. 7-29-99.)

11        Section  75-26.  The  Reinsurance  Intermediary  Act   is
12    amended by changing Section 55 as follows:

13        (215 ILCS 100/55) (from Ch. 73, par. 1655)
14        Sec. 55.  Penalties and liabilities.
15        (a)  If   the  Director  determines  that  a  reinsurance
16    intermediary has not materially complied with this Act or any
17    regulation or Order promulgated hereunder, after  notice  and
18    opportunity  to be heard, the Director may order a penalty in
19    an amount not exceeding $100,000 $50,000  for  each  separate
20    violation  and  may order the revocation or suspension of the
21    reinsurance intermediary's license.   If  it  is  found  that
22    because   of   the  material  noncompliance  the  insurer  or
23    reinsurer has suffered any loss or damage, the  Director  may
24    maintain  a  civil  action  brought  by  or  on behalf of the
25    reinsurer or insurer and its policyholders and creditors  for
26    recovery  of  compensatory  damages  for  the  benefit of the
27    reinsurer or insurer and its policyholders and  creditors  or
28    seek other appropriate relief.
29    This  subsection  (a)  shall  not be construed to prevent any
30    other person from taking civil action against  a  reinsurance
31    intermediary.
32        (b)  If  an Order of Rehabilitation or Liquidation of the
 
SB1903 Enrolled            -178-     LRB093 08682 RCE 08912 b
 1    insurer  is  entered  under  Article  XIII  of  the  Illinois
 2    Insurance Code and the receiver appointed  under  that  Order
 3    determines  that  the  reinsurance  intermediary or any other
 4    person has not materially  complied  with  this  Act  or  any
 5    regulation or Order promulgated hereunder and the insurer has
 6    suffered  any  loss  or  damage  therefrom,  the receiver may
 7    maintain a civil action for  recovery  of  damages  or  other
 8    appropriate sanctions for the benefit of the insurer.
 9        (c)  The   decision,   determination,  or  order  of  the
10    Director under  subsection  (a)  of  this  Section  shall  be
11    subject  to  judicial  review under the Administrative Review
12    Law.
13        (d)  Nothing contained in this Act shall affect the right
14    of the Director to impose any other penalties provided in the
15    Illinois Insurance Code.
16        (e)  Nothing contained in this  Act  is  intended  to  or
17    shall   in  any  manner  limit  or  restrict  the  rights  of
18    policyholders, claimants, creditors, or other  third  parties
19    or confer any rights to those persons.
20    (Source: P.A. 87-108; 88-364.)

21        Section  75-26.1.  The  Employee  Leasing  Company Act is
22    amended by changing Section 20 as follows:

23        (215 ILCS 113/20)
24        Sec. 20.  Registration.
25        (a)  A lessor shall register with the Department prior to
26    becoming a qualified self-insured for  workers'  compensation
27    or becoming eligible to be issued a workers' compensation and
28    employers'  liability  insurance  policy.    The registration
29    shall:
30             (1)  identify the name of the lessor;
31             (2)  identify the address of the principal place  of
32        business of the lessor;
 
SB1903 Enrolled            -179-     LRB093 08682 RCE 08912 b
 1             (3)  include   the  lessor's  taxpayer  or  employer
 2        identification number;
 3             (4)  include a list  by  jurisdiction  of  each  and
 4        every  name  that  the  lessor  has operated under in the
 5        preceding 5 years including  any  alternative  names  and
 6        names of predecessors;
 7             (5)  include a list of the officers and directors of
 8        the  lessor  and  its  predecessors, successors, or alter
 9        egos in the preceding 5 years; and
10             (6)  include a $1,000 $500 fee for the  registration
11        and each annual renewal thereafter.
12        Amounts  received as registration fees shall be deposited
13    into the Insurance Producer Administration Fund.
14        (b)  (Blank).
15        (c)  Lessors registering pursuant to this  Section  shall
16    notify the Department within 30 days as to any changes in any
17    information provided pursuant to this Section.
18        (d)  The  Department  shall  maintain  a  list  of  those
19    lessors who are registered with the Department.
20        (e)  The  Department  may  prescribe  any  forms that are
21    necessary to promote the  efficient  administration  of  this
22    Section.
23        (f)  Any  lessor  that  was  doing business in this State
24    prior to enactment  of  this  Act  shall  register  with  the
25    Department within 60 days of the effective date of this Act.
26    (Source: P.A. 90-499, eff. 1-1-98; 90-794, eff. 8-14-98.)

27        Section 75-26.2.  The Health Care Purchasing Group Act is
28    amended by changing Section 20 as follows:

29        (215 ILCS 123/20)
30        Sec. 20.  HPG sponsors. Except as provided by Sections 15
31    and  25  of  this  Act,  only a corporation authorized by the
32    Secretary of State  to  transact  business  in  Illinois  may
 
SB1903 Enrolled            -180-     LRB093 08682 RCE 08912 b
 1    sponsor  one  or  more HPGs with no more than 100,000 covered
 2    individuals by negotiating, soliciting, or  servicing  health
 3    insurance  contracts  for  HPGs  and  their  members.  Such a
 4    corporation may assert and maintain authority to  act  as  an
 5    HPG   sponsor   by   complying  with  all  of  the  following
 6    requirements:
 7             (1)  The   principal    officers    and    directors
 8        responsible  for  the  conduct  of  the  HPG sponsor must
 9        perform their HPG sponsor related functions in Illinois.
10             (2)  No insurance risk may be borne or  retained  by
11        the HPG sponsor; all health insurance contracts issued to
12        HPGs  through  the  HPG  sponsor  must  be  delivered  in
13        Illinois.
14             (3)  No  HPG sponsor may collect premium in its name
15        or hold or manage premium or claim fund  accounts  unless
16        duly  qualified  and licensed as a managing general agent
17        pursuant to Section 141a of the Illinois  Insurance  Code
18        or  as  a  third  party administrator pursuant to Section
19        511.105 of the Illinois Insurance Code.
20             (4)  If the HPG gives an offer, application, notice,
21        or proposal of insurance to an employer, it must disclose
22        the total cost of the insurance. Dues, fees,  or  charges
23        to  be  paid to the HPG, HPG sponsor, or any other entity
24        as a  condition  to  purchasing  the  insurance  must  be
25        itemized.  The HPG shall also disclose to its members the
26        amount  of  any  dividends,  experience refunds, or other
27        such payments it receives from the risk-bearer.
28             (5)  An HPG sponsor must register with the  Director
29        before    negotiating  or  soliciting any group or master
30        health insurance contract for any HPG and must renew  the
31        registration annually on forms and at times prescribed by
32        the  Director  in  rules  specifying, at minimum, (i) the
33        identity of the officers and directors of the HPG sponsor
34        corporation; (ii) a certification that those persons have
 
SB1903 Enrolled            -181-     LRB093 08682 RCE 08912 b
 1        not been convicted of  any  felony  offense  involving  a
 2        breach  of  fiduciary  duty  or  improper manipulation of
 3        accounts; (iii)  the  number  of  employer  members  then
 4        enrolled  in  each  HPG sponsored; (iv) the date on which
 5        each HPG was issued a group or  master  health  insurance
 6        contract,  if  any;  and  (v) the date on which each such
 7        contract, if any, was terminated.
 8             (6)  At the time of initial  registration  and  each
 9        renewal  thereof  an  HPG sponsor shall pay a fee of $200
10        $100 to the Director.
11    (Source: P.A. 90-337, eff. 1-1-98; 91-617, eff. 1-1-00.)

12        Section 75-26.3.  The Service Contract Act is amended  by
13    changing Section 25 as follows:

14        (215 ILCS 152/25)
15        Sec.  25.  Registration requirements for service contract
16    providers.
17        (a)  No service contract shall be issued or sold in  this
18    State  until  the following information has been submitted to
19    the Department:
20             (1)  the name of the service contract provider;
21             (2)  a  list  identifying   the   service   contract
22        provider's   executive   officer   or  officers  directly
23        responsible for the service contract  provider's  service
24        contract business;
25             (3)  the  name  and  address of the service contract
26        provider's agent for service of process in this State, if
27        other than the service contract provider;
28             (4)  a  true  and  accurate  copy  of  all   service
29        contracts to be sold in this State; and
30             (5)  a statement indicating under which provision of
31        Section  15 the service contract provider qualifies to do
32        business in this State as a service contract provider.
 
SB1903 Enrolled            -182-     LRB093 08682 RCE 08912 b
 1        (b)  The service contract provider shall pay  an  initial
 2    registration fee of $1,000 $500 and a renewal fee of $150 $75
 3    each year thereafter.  All fees and penalties collected under
 4    this  Act  shall be paid to the Director and deposited in the
 5    Insurance Financial Regulation Fund.
 6    (Source: P.A. 90-711, eff. 8-7-98.)

 7        Section 75-27.  The Title Insurance  Act  is  amended  by
 8    changing Section 14 as follows:

 9        (215 ILCS 155/14) (from Ch. 73, par. 1414)
10        Sec.  14.   (a)  Every  title insurance company and every
11    independent escrowee  subject  to  this  Act  shall  pay  the
12    following fees:
13             (1)  for  filing  the  original  application  for  a
14        certificate   of  authority  and  receiving  the  deposit
15        required under this Act, $500;
16             (2)  for the certificate of authority, $10;
17             (3)  for  every  copy  of  a  paper  filed  in   the
18        Department under this Act, $1 per folio;
19             (4)  for  affixing  the  seal  of the Department and
20        certifying a copy, $2;
21             (5)  for filing the annual statement, $50.
22        (b)  Each title insurance company shall pay, for  all  of
23    its  title insurance agents subject to this Act for filing an
24    annual registration of its agents,  an  amount  equal  to  $3
25    $1.00  for  each  policy  issued  by all of its agents in the
26    immediately preceding calendar year, provided such sum  shall
27    not exceed $20,000 per annum.
28    (Source: P.A. 86-239.)

29        Section  75-28.  The  Viatical Settlements Act is amended
30    by changing Section 10 as follows:
 
SB1903 Enrolled            -183-     LRB093 08682 RCE 08912 b
 1        (215 ILCS 158/10)
 2        Sec. 10.  License requirements.
 3        (a)  No individual, partnership,  corporation,  or  other
 4    entity  may  act  as  a  viatical settlement provider without
 5    first having obtained a license from the Director.
 6        (b)  Application  for  a  viatical  settlement   provider
 7    license  shall  be made to the Director by the applicant on a
 8    form prescribed by the Director.  The  application  shall  be
 9    accompanied  by  a  fee  of  $3,000  $1,500,  which  shall be
10    deposited into the Insurance Producer Administration Fund.
11        (c)  Viatical  settlement  providers'  licenses  may   be
12    renewed  from  year  to year on the anniversary date upon (1)
13    submission of renewal forms prescribed by  the  Director  and
14    (2)  payment  of the annual renewal fee of $1,500 $750, which
15    shall be deposited into the Insurance Producer Administration
16    Fund.   Failure to pay the fee within the terms prescribed by
17    the Director shall result in the expiration of the license.
18        (d)  Applicants  for  a  viatical  settlement  provider's
19    license shall provide such information as  the  Director  may
20    require.   The Director shall have authority, at any time, to
21    require  the  applicant to fully disclose the identity of all
22    stockholders,  partners,  officers,   and   employees.    The
23    Director  may, in the exercise of discretion, refuse to issue
24    a  license  in  the  name  of  any  firm,   partnership,   or
25    corporation  if  not  satisfied  that  an  officer, employee,
26    stockholder, or partner thereof who may materially  influence
27    the applicant's conduct meets the standards of this Act.
28        (e)  A viatical settlement provider's license issued to a
29    partnership,  corporation,  or  other  entity  authorizes all
30    members,  officers,  and  designated  employees  to  act   as
31    viatical  settlement providers under the license.   All those
32    persons must be named in the application and any  supplements
33    thereto.
34        (f)  Upon  the  filing  of  an application for a viatical
 
SB1903 Enrolled            -184-     LRB093 08682 RCE 08912 b
 1    settlement provider's license and the payment of the  license
 2    fee,   the  Director  shall  make  an  investigation  of  the
 3    applicant and may issue a license if the Director finds  that
 4    the applicant:
 5             (1)  has provided a detailed plan of operation;
 6             (2)  is competent and trustworthy and intends to act
 7        in  good  faith in the capacity authorized by the license
 8        applied for;
 9             (3)  has a good  business  reputation  and  has  had
10        experience,  training, or education so as to be qualified
11        in the business for which the license is applied for; and
12             (4)  if a corporation, is a corporation incorporated
13        under the laws of this State  or  a  foreign  corporation
14        authorized to transact business in this State.
15        (g)  The   Director   may   not  issue  a  license  to  a
16    nonresident applicant, unless a  written  designation  of  an
17    agent for service of process is filed and maintained with the
18    Director  or  the  applicant  has filed with the Director the
19    applicant's  written  irrevocable  consent  that  any  action
20    against the applicant may be commenced against the  applicant
21    by service of process on the Director.
22        (h)  A   viatical   settlement   provider   must   assume
23    responsibility  for  all  actions  of  its appointed viatical
24    settlement agents associated with a viatical settlement.
25    (Source: P.A. 89-484, eff. 6-21-96.)

26        Section 75-30.  The Public Utilities Act  is  amended  by
27    changing Section 6-108 as follows:

28        (220 ILCS 5/6-108) (from Ch. 111 2/3, par. 6-108)
29        Sec.  6-108.  The  Commission  shall  charge every public
30    utility receiving permission under this Act for the issue  of
31    stocks,  bonds,  notes and other evidences of indebtedness an
32    amount equal to 12 10 cents for every  $100  of  the  par  or
 
SB1903 Enrolled            -185-     LRB093 08682 RCE 08912 b
 1    stated value of stocks, and 24 20 cents for every $100 of the
 2    principal  amount  of  bonds,  notes  or  other  evidences of
 3    indebtedness, authorized by the Commission,  which  shall  be
 4    paid to the Commission no later than 30 days after service of
 5    the  Commission  order  authorizing  the  issuance  of  those
 6    stocks,  bonds,  notes  or  other  evidences of indebtedness.
 7    Provided, that if any  such  stock,  bonds,  notes  or  other
 8    evidences  of  indebtedness  constitutes or creates a lien or
 9    charge on,  or  right  to  profits  from,  any  property  not
10    situated  in  this  State, this fee shall be paid only on the
11    amount of any such issue which is the same proportion of  the
12    whole  issue as the property situated in this State is of the
13    total property on which such securities issue creates a  lien
14    or  charge,  or from which a right to profits is established;
15    and  provided  further,  that  no  public  utility  shall  be
16    required to pay any fee for permission granted to it  by  the
17    Commission in any of the following cases:
18        (1)  To guarantee bonds or other securities.
19        (2)  To   issue   bonds,  notes  or  other  evidences  of
20    indebtedness  issued   for   the   purpose   of   converting,
21    exchanging,  taking  over, refunding, discharging or retiring
22    any bonds, notes or other evidences of indebtedness except:
23             (a)  When issued for an aggregate period  of  longer
24        than  2  years for the purpose of converting, exchanging,
25        taking over, refunding, discharging or retiring any note,
26        or renewals thereof, issued without the  consent  of  the
27        State  Public  Utilities  Commission  of  Illinois or the
28        Public Utilities  Commission  or  the  Illinois  Commerce
29        Commission; or
30             (b)  When  issued  for  the  purpose  of converting,
31        exchanging,  taking  over,  refunding,   discharging   or
32        retiring  bonds, notes or other evidences of indebtedness
33        issued prior to January 1, 1914, and upon  which  no  fee
34        has been previously paid.
 
SB1903 Enrolled            -186-     LRB093 08682 RCE 08912 b
 1        (3)  To  issue  shares  of  stock  upon the conversion of
 2    convertible bonds, notes or other evidences  of  indebtedness
 3    or  upon the conversion of convertible stock of another class
 4    in accordance with a conversion privilege contained  in  such
 5    convertible  bonds,  notes or other evidences of indebtedness
 6    or contained in such convertible stock, as the case  may  be,
 7    where  a fee (in the amount payable under this Section in the
 8    case of evidences of indebtedness) has been  previously  paid
 9    for  the  issuance  of such convertible bonds, notes or other
10    evidences of indebtedness, or where  a  fee  (in  the  amount
11    payable  under  this  Section in the case of stocks) has been
12    previously paid for the issuance of such  convertible  stock,
13    or  where  such convertible stock was issued prior to July 1,
14    1951 and upon which no fee has been previously paid,  as  the
15    case may be.
16        (4)  To  issue  shares  of  stocks  for  the  purpose  of
17    redeeming  or  otherwise  retiring, or in exchange for, other
18    stocks, where the fee for the issuance of such  other  stocks
19    has  been  previously  paid,  or where such other stocks were
20    issued prior to July 1, 1951 and upon which no fee  has  been
21    previously  paid,  as the case may be, but only to the extent
22    that the par or stated value of the shares of stock so issued
23    does not exceed the par or stated value of the  other  stocks
24    redeemed or otherwise retired or exchanged.
25        All  fees  collected by the Commission under this Section
26    shall be paid within 10 days after the receipt of  the  same,
27    accompanied  by  a  detailed  statement of the same, into the
28    Public Utility Fund in the State treasury.
29    (Source: P.A. 87-971.)

30        Section 75-35.  The Professional Boxing Act is amended by
31    changing Section 23 as follows:

32        (225 ILCS 105/23) (from Ch. 111, par. 5023)
 
SB1903 Enrolled            -187-     LRB093 08682 RCE 08912 b
 1        (Section scheduled to be repealed on January 1, 2012)
 2        Sec. 23.  Fees.  The  fees  for  the  administration  and
 3    enforcement  of  this  Act  including,  but  not  limited to,
 4    original licensure, renewal, and restoration shall be set  by
 5    rule.   The  fees  shall not be refundable. Beginning July 1,
 6    2003, all of the fees, taxes, and fines collected under  this
 7    Act shall be deposited into the General Professions Dedicated
 8    Fund.
 9    (Source:  P.A.  91-357,  eff.  7-29-99;  91-408, eff. 1-1-00;
10    92-16, eff. 6-28-01; 92-499, eff. 1-1-02.)

11        Section  75-40.    The   Illinois   Certified   Shorthand
12    Reporters  Act  of  1984 is amended by changing Section 17 as
13    follows:

14        (225 ILCS 415/17) (from Ch. 111, par. 6217)
15        (Section scheduled to be repealed on January 1, 2004)
16        Sec. 17.  Fees;  returned  checks;  expiration  while  in
17    military.
18        (a)  The  fees  for the administration and enforcement of
19    this  Act,   including   but   not   limited   to,   original
20    certification, renewal and restoration, shall be set by rule.
21        (b)  Beginning  July  1,  2003, all of the fees and fines
22    collected under this Act shall be deposited into the  General
23    Professions Dedicated Fund.
24        (c)  Any  person who delivers a check or other payment to
25    the Department that is returned to the Department  unpaid  by
26    the financial institution upon which it is drawn shall pay to
27    the Department, in addition to the amount already owed to the
28    Department,  a fine of $50. The fines imposed by this Section
29    are in addition to any other discipline provided  under  this
30    Act   prohibiting   unlicensed  practice  or  practice  on  a
31    nonrenewed license. The Department shall  notify  the  person
32    that  payment  of  fees  and  fines  shall  be  paid  to  the
 
SB1903 Enrolled            -188-     LRB093 08682 RCE 08912 b
 1    Department  by  certified  check  or  money  order  within 30
 2    calendar days of the notification. If, after  the  expiration
 3    of  30 days from the date of the notification, the person has
 4    failed to submit the  necessary  remittance,  the  Department
 5    shall  automatically  terminate the license or certificate or
 6    deny the application, without hearing. If, after  termination
 7    or  denial,  the person seeks a license or certificate, he or
 8    she shall apply to the Department for restoration or issuance
 9    of the license or certificate and pay all fees and fines  due
10    to the Department. The Department may establish a fee for the
11    processing  of an application for restoration of a license or
12    certificate  to  pay  all   expenses   of   processing   this
13    application.  The Director may waive the fines due under this
14    Section in individual cases where the Director finds that the
15    fines would be unreasonable or unnecessarily burdensome.
16        However, any person whose license has  expired  while  he
17    has been engaged (l) in federal or state service active duty,
18    or  (2) in training or education under the supervision of the
19    United States preliminary  to  induction  into  the  military
20    service, may have his license renewed, reinstated or restored
21    without  paying  any  lapsed renewal and restoration fees, if
22    within 2 years after termination of such service, training or
23    education other than by dishonorable discharge, he  furnishes
24    the  Department  with  satisfactory proof that he has been so
25    engaged and that his service, training or education has  been
26    so terminated.
27    (Source: P.A. 92-146, eff. 1-1-02.)

28        Section  75-45.   The Weights and Measures Act is amended
29    by changing Section 8.1 as follows:

30        (225 ILCS 470/8.1) (from Ch. 147, par. 108.1)
31        Sec.  8.1.   Registration  of   servicepersons,   service
32    agents, and special sealers.  No person, firm, or corporation
 
SB1903 Enrolled            -189-     LRB093 08682 RCE 08912 b
 1    shall   sell,  install,  service,  recondition  or  repair  a
 2    weighing or  measuring  device  used  in  trade  or  commerce
 3    without   first  obtaining  a  certificate  of  registration.
 4    Applications by individuals for a certificate of registration
 5    shall be made to the Department, shall be in writing on forms
 6    prescribed by the Department, and shall be accompanied by the
 7    required fee.
 8        Each application shall provide such information that will
 9    enable the Department to pass on the  qualifications  of  the
10    applicant   for   the   certificate   of   registration.  The
11    information  requests  shall   include   present   residence,
12    location  of  the  business  to  be  licensed under this Act,
13    whether the applicant has had any previous registration under
14    this Act  or  any  federal,  state,  county,  or  local  law,
15    ordinance,  or  regulation  relating  to  servicepersons  and
16    service  Agencies,  whether  the  applicant  has  ever  had a
17    registration suspended or revoked, whether the applicant  has
18    been convicted of a felony, and such other information as the
19    Department  deems  necessary to determine if the applicant is
20    qualified to receive a certificate of registration.
21        Before any certificate of  registration  is  issued,  the
22    Department shall require the registrant to meet the following
23    qualifications:
24             (1)  Has  possession of or available for use weights
25        and   measures,   standards,   and   testing    equipment
26        appropriate  in  design and adequate in amount to provide
27        the  services  for  which  the   person   is   requesting
28        registration.
29             (2)  Passes  a  qualifying examination for each type
30        of weighing or measuring device he  intends  to  install,
31        service, recondition, or repair.
32             (3)  Demonstrates  a  working  knowledge of weighing
33        and  measuring  devices  for  which  he  intends  to   be
34        registered.
 
SB1903 Enrolled            -190-     LRB093 08682 RCE 08912 b
 1             (4)  Has  a  working  knowledge  of  all appropriate
 2        weights  and  measures   laws   and   their   rules   and
 3        regulations.
 4             (5)  Has   available  a  current  copy  of  National
 5        Institute of Standards and Technology Handbook 44.
 6             (6)  Pays the prescribed registration  fee  for  the
 7        type of registration:
 8                  (A)  The   annual   fee   for  a  Serviceperson
 9             Certificate of Registration shall be $25 $5.
10                  (B)  The  annual  fee  for  a  Special   Sealer
11             Certificate of Registration shall be $50 $25.
12                  (C)  The   annual  fee  for  a  Service  Agency
13             Certificate of Registration shall be $50 $25.
14        "Registrant"   means   any    individual,    partnership,
15    corporation,  agency,  firm,  or  company  registered  by the
16    Department who installs, services, repairs, or  reconditions,
17    for  hire,  award,  commission,  or  any other payment of any
18    kind, any commercial weighing or measuring device.
19        "Commercial weighing  and  measuring  device"  means  any
20    weight   or   measure   or   weighing   or  measuring  device
21    commercially used  or  employed  (i)  in  establishing  size,
22    quantity, extent, area, or measurement of quantities, things,
23    produce,  or  articles  for distribution or consumption which
24    are purchased, offered,  or  submitted  for  sale,  hire,  or
25    award,  or  (ii) in computing any basic charge or payment for
26    services rendered, except as otherwise excluded by Section  2
27    of this Act, and shall also include any accessory attached to
28    or used in connection with a commercial weighing or measuring
29    device  when  the  accessory is so designed or installed that
30    its operation affects, or may affect,  the  accuracy  of  the
31    device.
32        "Serviceperson" means any individual who sells, installs,
33    services,   repairs,   or   reconditions,  for  hire,  award,
34    commission, or  any  other  payment  of  kind,  a  commercial
 
SB1903 Enrolled            -191-     LRB093 08682 RCE 08912 b
 1    weighing or measuring device.
 2        "Service  agency"  means  any  individual,  agency, firm,
 3    company, or corporation that, for hire, award, commission, or
 4    any other payment of any  kind,  sells,  installs,  services,
 5    repairs,  or  reconditions a commercial weighing or measuring
 6    device.
 7        "Special sealer" means any serviceperson who  is  allowed
 8    to  service only one service agency's liquid petroleum meters
 9    or liquid petroleum measuring devices.
10        Each registered service agency  and  serviceperson  shall
11    have  report  forms,  known  as  "Placed in Service Reports".
12    These forms shall be executed in  triplicate,  shall  include
13    the  assigned  registration  number  (in  the  case  where  a
14    registered serviceperson is representing a registered service
15    agency both assigned registration numbers shall be included),
16    and  shall  be  signed  by a registered serviceperson or by a
17    registered serviceperson representing  a  registered  service
18    agency  for  each  rejected  or  repaired  device restored to
19    service  and  for  each  newly  installed  device  placed  in
20    service.  Whenever  a  registered  serviceperson  or  special
21    sealer places into service a weighing  or  measuring  device,
22    there  shall  be  affixed  to  the  device  indicator a decal
23    provided  by  the  Department  that  indicates   the   device
24    accuracy.
25        Within  5  days  after a device is restored to service or
26    placed in  service,  the  original  of  a  properly  executed
27    "Placed  in  Service  Report",  together  with  any  official
28    rejection  tag  or  seal  removed  from  the device, shall be
29    mailed to the Department.  The duplicate copy of  the  report
30    shall  be  handed  to the owner or operator of the device and
31    the triplicate copy of the report shall be  retained  by  the
32    service agency or serviceperson.
33        A    registered   service   agency   and   a   registered
34    serviceperson shall submit, at least once every  2  years  to
 
SB1903 Enrolled            -192-     LRB093 08682 RCE 08912 b
 1    the   Department   for  examination  and  certification,  any
 2    standards and testing equipment that are used, or are  to  be
 3    used, in the performance of the service and testing functions
 4    with  respect  to  weighing  and  measuring devices for which
 5    competence is  registered.   A  registered  serviceperson  or
 6    agency  shall  not  use  in servicing commercial weighing and
 7    measuring devices any standards  or  testing  equipment  that
 8    have not been certified by the Department.
 9        When  a  serviceperson's  or service agency's weights and
10    measures are carried to a National Institute of Standards and
11    Technology  approved  out-of-state   weights   and   measures
12    laboratory  for  inspection and testing, the serviceperson or
13    service  agency  shall  be  responsible  for  providing   the
14    Department a copy of the current certification of all weights
15    and  measures  used  in  the  repair,  service, or testing of
16    weighing or measuring devices within the State of Illinois.
17        All registered servicepersons placing into service scales
18    in excess of 30,000 pounds shall have  a  minimum  of  10,000
19    pounds of State approved certified test weights to accurately
20    test a scale.
21        Persons   working  as  apprentices  are  not  subject  to
22    registration if they work with and under the supervision of a
23    registered serviceperson.
24        The Director is authorized to  promulgate,  after  public
25    hearing,  rules  and  regulations  necessary  to  enforce the
26    provisions of this Section.
27        For good  cause  and  after  a  hearing  upon  reasonable
28    notice,   the   Director   may   deny   any  application  for
29    registration or any application for renewal of  registration,
30    or may revoke or suspend the registration of any registrant.
31        The  Director  may  publish from time to time as he deems
32    appropriate, and may supply upon request, lists of registered
33    servicepersons and registered service agencies.
34        All final administrative decisions of the Director  under
 
SB1903 Enrolled            -193-     LRB093 08682 RCE 08912 b
 1    this  Section  shall  be subject to judicial review under the
 2    Administrative  Review   Law.    The   term   "administrative
 3    decision"  is  defined  as in Section 1 of the Administrative
 4    Review Law.
 5    (Source: P.A. 88-600, eff. 9-1-94.)

 6        Section  75-52.   The  Environmental  Protection  Act  is
 7    amended by changing Sections 9.6, 12.2,  16.1,  22.8,  22.15,
 8    22.44,  39.5,  56.4, 56.5, and 56.6 and adding Sections 9.12,
 9    9.13, 12.5, and 12.6 as follows:

10        (415 ILCS 5/9.6) (from Ch. 111 1/2, par. 1009.6)
11        Sec. 9.6. Air pollution operating permit fee.
12        (a)  For any site for which an  air  pollution  operating
13    permit  is  required, other than a site permitted solely as a
14    retail liquid dispensing  facility  that  has  air  pollution
15    control   equipment  or  an  agrichemical  facility  with  an
16    endorsed permit  pursuant  to  Section  39.4,  the  owner  or
17    operator  of that site shall pay an initial annual fee to the
18    Agency within 30 days of receipt of the permit and an  annual
19    fee  each  year  thereafter  for  as  long  as a permit is in
20    effect.  The owner or operator of a portable  emission  unit,
21    as  defined in 35 Ill. Adm. Code 201.170, may change the site
22    of any unit previously permitted without paying an additional
23    fee under this Section for each site change, provided that no
24    further change  to  the  permit  is  otherwise  necessary  or
25    requested.
26        (b)  Notwithstanding  any  rules  to  the  contrary,  the
27    following fee amounts shall apply:
28             (1)  The  fee for a site permitted to emit less than
29        25 tons per year of  any  combination  of  regulated  air
30        pollutants,  as  defined  in Section 39.5 of this Act, is
31        $100 per year, beginning July 1, 1993, and  increases  to
32        $200  per  year  beginning  on  July  1,  2003, except as
 
SB1903 Enrolled            -194-     LRB093 08682 RCE 08912 b
 1        provided in subsection (c) of this Section.
 2             (2)  The fee for a site permitted to emit  at  least
 3        25  tons  per year but less than 100 tons per year of any
 4        combination of regulated air pollutants,  as  defined  in
 5        Section  39.5  of  this Act, is $1,000 per year beginning
 6        July 1, 1993, and increases to $1,800 per year  beginning
 7        on  July 1, 2003, except as provided in subsection (c) of
 8        this Section.
 9             (3)  The fee for a site permitted to emit  at  least
10        100  tons  per  year  of any combination of regulated air
11        pollutants is $2,500 per year beginning July 1, 1993, and
12        increases to $3,500 per year beginning on July  1,  2003,
13        except  as  provided  in  subsection (c) of this Section;
14        provided, however, that the  fee  shall  not  exceed  the
15        amount  that  would  be  required for the site if it were
16        subject to the fee requirements of Section 39.5  of  this
17        Act.
18        (c)  The  owner  or  operator  of  any  source subject to
19    paragraphs (b)(1), (b)(2), or (b)(3)  of  this  Section  that
20    becomes subject to Section 39.5 of this Act shall continue to
21    pay  the  fee  set  forth  in  this  Section until the source
22    becomes subject to the fee set forth within subsection 18  of
23    Section  39.5 of this Act. In the event a site has paid a fee
24    under this Section during the 12 month period  following  the
25    effective  date  of  the  CAAPP for that site, the fee amount
26    shall be deducted from any amount due under subsection 18  of
27    Section  39.5  of  this  Act.  Owners  or  operators that are
28    subject to  paragraph  (b)(1),  (b)(2),  or  (b)(3)  of  this
29    Section,  but  that  are not also subject to Section 39.5, or
30    excluded pursuant to subsection 1.1  or  subsection  3(c)  of
31    Section  39.5 shall continue to pay the fee amounts set forth
32    within paragraphs (b)(1), (b)(2),  or  (b)(3),  whichever  is
33    applicable.
34        (d)  Only  one  air  pollution  site fee may be collected
 
SB1903 Enrolled            -195-     LRB093 08682 RCE 08912 b
 1    from any site, even if such site receives more than  one  air
 2    pollution control permit.
 3        (e)  The   Agency  shall  establish  procedures  for  the
 4    collection of air pollution site fees.   Air  pollution  site
 5    fees  may  be  paid annually, or in advance for the number of
 6    years for which the permit is issued, at the  option  of  the
 7    owner  or  operator.   Payment in advance does not exempt the
 8    owner or operator from paying any increase in  the  fee  that
 9    may  occur  during  the  term  of  the  permit;  the owner or
10    operator must pay the amount of the increase  upon  and  from
11    the effective date of the increase.
12        (f)  The Agency may deny an application for the issuance,
13    transfer,  or renewal of an air pollution operating permit if
14    any air pollution site fee owed by the applicant has not been
15    paid within 60 days of the due date, unless the applicant, at
16    the time of application, pays to the Agency  in  advance  the
17    air  pollution  site  fee for the site that is the subject of
18    the operating permit, plus any other air pollution site  fees
19    then  owed  by the applicant.  The denial of an air pollution
20    operating permit for failure to pay an air pollution site fee
21    shall be subject to review  by  the  Board  pursuant  to  the
22    provisions of subsection (a) of Section 40 of this Act.
23        (g)  If  the  Agency determines that an owner or operator
24    of a site was required, but failed, to timely obtain  an  air
25    pollution  operating  permit,  and  as  a  result avoided the
26    payment of permit fees, the Agency may  collect  the  avoided
27    permit  fees  with  or  without  pursuing  enforcement  under
28    Section  31  of  this  Act.  The avoided permit fees shall be
29    calculated as double the amount that would have been owed had
30    a permit been timely obtained.  Fees  collected  pursuant  to
31    this subsection (g) shall be deposited into the Environmental
32    Protection Permit and Inspection Fund.
33        (h)  If  the  Agency determines that an owner or operator
34    of a site was required, but failed, to timely obtain  an  air
 
SB1903 Enrolled            -196-     LRB093 08682 RCE 08912 b
 1    pollution  operating  permit  and  as  a  result  avoided the
 2    payment of permit fees, an enforcement action may be  brought
 3    under  Section  31  of  this  Act.   In addition to any other
 4    relief that may be obtained  as  part  of  this  action,  the
 5    Agency  may  seek  to  recover  the avoided permit fees.  The
 6    avoided permit fees shall be calculated as double the  amount
 7    that  would have been owed had a permit been timely obtained.
 8    Fees collected pursuant  to  this  subsection  (h)  shall  be
 9    deposited   into  the  Environmental  Protection  Permit  and
10    Inspection Fund.
11        (i)  If a permittee subject to a fee under  this  Section
12    fails to pay the fee within 90 days of its due date, or makes
13    the  fee  payment  from an account with insufficient funds to
14    cover the amount of the fee payment, the Agency shall  notify
15    the  permittee  of  the  failure  to  pay  the  fee.   If the
16    permittee fails to pay the fee  within  60  days  after  such
17    notification,  the Agency may, by written notice, immediately
18    revoke the air pollution operating permit.   Failure  of  the
19    Agency  to  notify  the permittee of failure to pay a fee due
20    under this Section, or the payment of the fee from an account
21    with insufficient funds  to  cover  the  amount  of  the  fee
22    payment,  does  not excuse or alter the duty of the permittee
23    to comply with the provisions of this Section.
24    (Source: P.A. 90-367, eff. 8-10-97.)

25        (415 ILCS 5/9.12 new)
26        Sec. 9.12.  Construction permit fees  for  air  pollution
27    sources.
28        (a)  An  applicant  for  a  new  or revised air pollution
29    construction permit shall pay a fee, as established  in  this
30    Section, to the Agency at the time that he or she submits the
31    application  for  a construction permit.  Except as set forth
32    below, the fee for each activity or category listed  in  this
33    Section   is  separate  and  is  cumulative  with  any  other
 
SB1903 Enrolled            -197-     LRB093 08682 RCE 08912 b
 1    applicable fee listed in this Section.
 2        (b)  The fee amounts in  this  subsection  (b)  apply  to
 3    construction  permit  applications  relating  to (i) a source
 4    subject to Section 39.5 of this Act (the Clean Air Act Permit
 5    Program); (ii) a source that, upon issuance of the  requested
 6    construction  permit,  will  become a major source subject to
 7    Section 39.5; or (iii) a source that has or  will  require  a
 8    federally  enforceable  State  operating  permit limiting its
 9    potential to emit.
10             (1)  Base  fees   for   each   construction   permit
11        application shall be assessed as follows:
12                  (A)  If  the  construction  permit  application
13             relates  to  one  or more new emission units or to a
14             combination of new and modified  emission  units,  a
15             fee  of $4,000 for the first new emission unit and a
16             fee of $1,000 for each additional  new  or  modified
17             emission  unit;  provided  that  the  total base fee
18             under this subdivision (A) shall not exceed $10,000.
19                  (B)  If  the  construction  permit  application
20             relates to one or more modified emission  units  but
21             not  to  any  new emission unit, a fee of $2,000 for
22             the first modified emission unit and a fee of $1,000
23             for each additional modified emission unit; provided
24             that the total base fee under this  subdivision  (B)
25             shall not exceed $5,000.
26             (2)  Supplemental  fees for each construction permit
27        application shall be assessed as follows:
28                  (A)  If,  based  on  the  construction   permit
29             application,   the   source  will  be,  but  is  not
30             currently, subject to Section 39.5 of  this  Act,  a
31             CAAPP entry fee of $5,000.
32                  (B)  If  the  construction  permit  application
33             involves  (i)  a new source or emission unit subject
34             to Section 39.2  of  this  Act,  (ii)  a  commercial
 
SB1903 Enrolled            -198-     LRB093 08682 RCE 08912 b
 1             incinerator  or  other  municipal  waste,  hazardous
 2             waste, or waste tire incinerator, (iii) a commercial
 3             power  generator, or (iv) one or more other emission
 4             units designated  as  a  complex  source  by  Agency
 5             rulemaking, a fee of $25,000.
 6                  (C)  If  the  construction  permit  application
 7             involves  an  emissions netting exercise or reliance
 8             on  a  contemporaneous  emissions  decrease  for   a
 9             pollutant  to  avoid  application of the federal PSD
10             program (40 CFR 52.21) or nonattainment  new  source
11             review  (35 Ill. Adm. Code 203), a fee of $3,000 for
12             each such pollutant.
13                  (D)  If the construction permit application  is
14             for  a  new  major source subject to the federal PSD
15             program, a fee of $12,000.
16                  (E)  If the construction permit application  is
17             for  a new major source subject to nonattainment new
18             source review, a fee of $20,000.
19                  (F)  If the construction permit application  is
20             for  a major modification subject to the federal PSD
21             program, a fee of $6,000.
22                  (G)  If the construction permit application  is
23             for  a  major  modification subject to nonattainment
24             new source review, a fee of $12,000.
25                  (H)  If  the  construction  permit  application
26             review  involves  a  determination  of  whether   an
27             emission unit has Clean Unit Status and is therefore
28             not subject to the Best Available Control Technology
29             (BACT)  or  Lowest  Achievable  Emission Rate (LAER)
30             under the federal PSD program or  nonattainment  new
31             source  review, a fee of $5,000 per unit for which a
32             determination is requested or otherwise required.
33                  (I)  If  the  construction  permit  application
34             review  involves  a  determination  of  the  Maximum
 
SB1903 Enrolled            -199-     LRB093 08682 RCE 08912 b
 1             Achievable  Control  Technology   standard   for   a
 2             pollutant  and  the project is not otherwise subject
 3             to BACT or LAER for a related  pollutant  under  the
 4             federal  PSD  program  or  nonattainment  new source
 5             review, a  fee  of  $5,000  per  unit  for  which  a
 6             determination is requested or otherwise required.
 7                  (J)  If   the   applicant   is   requesting   a
 8             construction  permit  that  will  alter the source's
 9             status so that  it  is  no  longer  a  major  source
10             subject  to  Section  39.5  of  this  Act,  a fee of
11             $4,000.
12             (3)  If a  public  hearing  is  held  regarding  the
13        construction permit application, an administrative fee of
14        $10,000,  subject  to  adjustment under subsection (f) of
15        this Section.
16        (c)  The fee amounts in  this  subsection  (c)  apply  to
17    construction  permit  applications relating to a source that,
18    upon issuance of the construction permit, will not (i) be  or
19    become subject to Section 39.5 of this Act (the Clean Air Act
20    Permit   Program)   or  (ii)  have  or  require  a  federally
21    enforceable state operating permit limiting its potential  to
22    emit.
23             (1)  Base   fees   for   each   construction  permit
24        application shall be assessed as follows:
25                  (A)  For  a  construction  permit   application
26             involving a single new emission unit, a fee of $500.
27                  (B)  For   a  construction  permit  application
28             involving more than one new emission unit, a fee  of
29             $1,000.
30                  (C)  For   a  construction  permit  application
31             involving no more than 2 modified emission units,  a
32             fee of $500.
33                  (D)  For   a  construction  permit  application
34             involving more than 2 modified emission units, a fee
 
SB1903 Enrolled            -200-     LRB093 08682 RCE 08912 b
 1             of $1,000.
 2             (2)  Supplemental fees for each construction  permit
 3        application shall be assessed as follows:
 4                  (A)  If  the source is a new source, i.e., does
 5             not currently have an operating permit, an entry fee
 6             of $500;
 7                  (B)  If  the  construction  permit  application
 8             involves (i) a new source or emission  unit  subject
 9             to  Section  39.2  of  this  Act,  (ii) a commercial
10             incinerator or a municipal waste,  hazardous  waste,
11             or  waste tire incinerator, (iii) a commercial power
12             generator, or (iv) an emission unit designated as  a
13             complex  source  by  Agency  rulemaking,  a  fee  of
14             $15,000.
15             (3)  If  a  public  hearing  is  held  regarding the
16        construction permit application, an administrative fee of
17        $10,000.
18        (d)  If no other fee is applicable under this Section,  a
19    construction permit application addressing one or more of the
20    following shall be subject to a filing fee of $500:
21             (1)  A  construction  permit  application  to add or
22        replace a control device on a permitted emission unit.
23             (2)  A construction permit application to conduct  a
24        pilot  project  or  trial  burn  for a permitted emission
25        unit.
26             (3)  A construction permit application  for  a  land
27        remediation project.
28             (4)  A   construction   permit  application  for  an
29        insignificant activity as described in 35 Ill. Adm.  Code
30        201.210.
31             (5)  A  construction permit application to revise an
32        emissions testing methodology or the timing  of  required
33        emissions testing.
34             (6)  A construction permit application that provides
 
SB1903 Enrolled            -201-     LRB093 08682 RCE 08912 b
 1        for a change in the name, address, or phone number of any
 2        person  identified  in the permit, or for a change in the
 3        stated ownership or  control,  or  for  a  similar  minor
 4        administrative permit change at the source.
 5        (e)  No fee shall be assessed for a request to correct an
 6    issued  permit  that  involves  only  an Agency error, if the
 7    request is received within the deadline for a  permit  appeal
 8    to the Pollution Control Board.
 9        (f)  The  applicant  for  a  new or revised air pollution
10    construction permit shall submit  to  the  Agency,  with  the
11    construction  permit application, both a certification of the
12    fee that he or she estimates to be due under this Section and
13    the fee itself.
14        (g)  Notwithstanding the requirements of Section 39(a) of
15    this Act, the application for an air  pollution  construction
16    permit  shall not be deemed to be filed with the Agency until
17    the Agency receives the initial  air  pollution  construction
18    permit  application fee and the certified estimate of the fee
19    required by this Section.  Unless the Agency has received the
20    initial air pollution construction permit application fee and
21    the certified estimate of the fee required by  this  Section,
22    the   Agency  is  not  required  to  review  or  process  the
23    application.
24        (h)  If  the  Agency  determines  at  any  time  that   a
25    construction  permit  application is subject to an additional
26    fee under this Section that the applicant has not  submitted,
27    the  Agency  shall  notify  the  applicant  in writing of the
28    amount due under this Section.  The applicant shall  have  60
29    days to remit the assessed fee to the Agency.
30        If  the  proper fee established under this Section is not
31    submitted within  60  days  after  the  request  for  further
32    remittance:
33             (1)  If  the  construction  permit  has not yet been
34        issued, the Agency is not required to further  review  or
 
SB1903 Enrolled            -202-     LRB093 08682 RCE 08912 b
 1        process,  and the provisions of Section 39(a) of this Act
 2        do not apply  to,  the  application  for  a  construction
 3        permit until such time as the proper fee is remitted.
 4             (2)  If the construction permit has been issued, the
 5        Agency  may,  upon written notice, immediately revoke the
 6        construction permit.
 7        The denial or revocation of a  construction  permit  does
 8    not  excuse  the  applicant  from the duty of paying the fees
 9    required under this Section.
10        (i)  The Agency may deny the issuance of  a  pending  air
11    pollution  construction  permit  or  the subsequent operating
12    permit if the applicant has not paid the required fees by the
13    date required for issuance of  the  permit.   The  denial  or
14    revocation  of  a  permit  for  failure to pay a construction
15    permit fee is subject to review by the Board pursuant to  the
16    provisions of subsection (a) of Section 40 of this Act.
17        (j)  If  the  owner  or  operator undertakes construction
18    without obtaining an air pollution construction  permit,  the
19    fee  under  this  Section  is still required.  Payment of the
20    required fee does not preclude the  Agency  or  the  Attorney
21    General or other authorized persons from pursuing enforcement
22    against  the  applicant  for failure to have an air pollution
23    construction permit prior to commencing construction.
24        (k)  If an air pollution construction permittee  makes  a
25    fee   payment   under  this  Section  from  an  account  with
26    insufficient funds to cover the amount of  the  fee  payment,
27    the  Agency  shall notify the permittee of the failure to pay
28    the fee.  If the permittee fails to pay  the  fee  within  60
29    days  after  such  notification,  the  Agency may, by written
30    notice, immediately revoke  the  air  pollution  construction
31    permit.  Failure of the Agency to notify the permittee of the
32    permittee's  failure to make payment does not excuse or alter
33    the duty of the permittee to comply with  the  provisions  of
34    this Section.
 
SB1903 Enrolled            -203-     LRB093 08682 RCE 08912 b
 1        (l)  The   Agency   may   establish  procedures  for  the
 2    collection of air pollution construction permit fees.
 3        (m)  Fees collected pursuant to  this  Section  shall  be
 4    deposited   into  the  Environmental  Protection  Permit  and
 5    Inspection Fund.

 6        (415 ILCS 5/9.13 new)
 7        Sec. 9.13.  Asbestos fees.
 8        (a)  For any site for which the owner  or  operator  must
 9    file  an  original  10-day  notice  of  intent to renovate or
10    demolish pursuant to 40 CFR 61.145(b) (part  of  the  federal
11    asbestos   National   Emission  Standard  for  Hazardous  Air
12    Pollutants or NESHAP), the owner or operator shall pay to the
13    Agency with the filing of each 10-day Notice a fee of $150.
14        (b)  If demolition or renovation of a site has  commenced
15    without proper filing of the 10-day Notice, the fee is double
16    the  amount  otherwise  due.   This doubling of the fee is in
17    addition to any other penalties under this Act,  the  federal
18    NESHAP,  or  otherwise, and does not preclude the Agency, the
19    Attorney General, or other authorized persons  from  pursuing
20    an  enforcement  action  against  the  owner  or operator for
21    failure  to  file  a  10-day  Notice  prior   to   commencing
22    demolition or renovation activities.
23        (c)  In  the  event that an owner or operator makes a fee
24    payment under this Section from an account with  insufficient
25    funds  to  cover  the  amount  of the fee payment, the 10-day
26    Notice shall be deemed improperly filed.  The Agency shall so
27    notify the owner or operator within 60 days of receiving  the
28    notice  of  insufficient  funds.  Failure of the Agency to so
29    notify the owner or operator does not  excuse  or  alter  the
30    duty of the owner or operator to comply with the requirements
31    of this Section.
32        (d)  Where  asbestos remediation or demolition activities
33    have not been  conducted  in  accordance  with  the  asbestos
 
SB1903 Enrolled            -204-     LRB093 08682 RCE 08912 b
 1    NESHAP,  in addition to the fees imposed by this Section, the
 2    Agency  may  also  collect  its  actual  costs  incurred  for
 3    asbestos-related activities at the  site,  including  without
 4    limitation  costs  of  sampling, sample analysis, remediation
 5    plan  review,  and  activity  oversight  for  demolition   or
 6    renovation.
 7        (e)  Fees  and cost recovery amounts collected under this
 8    Section shall be deposited into the Environmental  Protection
 9    Permit and Inspection Fund.

10        (415 ILCS 5/12.2) (from Ch. 111 1/2, par. 1012.2)
11        Sec. 12.2.  Water pollution construction permit fees.
12        (a)  Beginning  July  1, 2003 January 1, 1991, the Agency
13    shall collect a fee in the amount set forth in this  Section:
14    subsection (c)
15             (1)  for  any  sewer  which  requires a construction
16        permit under paragraph  (b)  of  Section  12,  from  each
17        applicant for a sewer construction permit under paragraph
18        (b) of Section 12 or regulations adopted hereunder; and.
19             (2)  for    any    treatment    works,    industrial
20        pretreatment  works, or industrial wastewater source that
21        requires a construction permit  under  paragraph  (b)  of
22        Section  12,  from  the  applicant  for  the construction
23        permit.    However,  no  fee  shall  be  required  for  a
24        treatment works or wastewater source directly covered and
25        authorized under an NPDES permit issued  by  the  Agency,
26        nor  for  any  treatment  works,  industrial pretreatment
27        works, or industrial wastewater source (i) that is  under
28        or   pending   construction   authorized   by   a   valid
29        construction permit issued by the Agency prior to July 1,
30        2003,  during  the  term  of that construction permit, or
31        (ii)  for   which   a   completed   construction   permit
32        application has been received by the Agency prior to July
33        1,  2003,  with  respect  to the permit issued under that
 
SB1903 Enrolled            -205-     LRB093 08682 RCE 08912 b
 1        application.
 2        (b)  Each applicant or person required to pay a fee under
 3    this Section shall submit the fee to the  Agency  along  with
 4    the   permit   application.    The   Agency  shall  deny  any
 5    construction permit application for which a fee  is  required
 6    under this Section that does not contain the appropriate fee.
 7        (c)  The amount of the fee is as follows:
 8             (1)  A  $100 $50 fee shall be required for any sewer
 9        constructed with a design population of 1.
10             (2)  A $400 $200 fee shall be required for any sewer
11        constructed with a design population of 2 to 20.
12             (3)  A $800 $400 fee shall be required for any sewer
13        constructed with a design population greater than 20  but
14        less than 101.
15             (4)  A  $1200  $600  fee  shall  be required for any
16        sewer constructed with a design population  greater  than
17        100 but less than 500.
18             (5)  A  $2400  $1200  fee  shall be required for any
19        sewer constructed with a  design  population  of  500  or
20        more.
21             (6)  A   $1,000   fee  shall  be  required  for  any
22        industrial  wastewater  source  that  does  not   require
23        pretreatment  of the wastewater prior to discharge to the
24        publicly owned  treatment  works  or  publicly  regulated
25        treatment works.
26             (7)  A   $3,000   fee  shall  be  required  for  any
27        industrial wastewater source that  requires  pretreatment
28        of  the  wastewater  for  non-toxic  pollutants  prior to
29        discharge  to  the  publicly  owned  treatment  works  or
30        publicly regulated treatment works.
31             (8)  A  $6,000  fee  shall  be  required   for   any
32        industrial  wastewater  source that requires pretreatment
33        of the wastewater for toxic pollutants prior to discharge
34        to  the  publicly  owned  treatment  works  or   publicly
 
SB1903 Enrolled            -206-     LRB093 08682 RCE 08912 b
 1        regulated treatment works.
 2             (9)  A $2,500 fee shall be required for construction
 3        relating  to  land  application  of  industrial sludge or
 4        spray irrigation of industrial wastewater.
 5        All fees collected by the Agency under this Section shall
 6    be deposited into the  Environmental  Protection  Permit  and
 7    Inspection Fund in accordance with Section 22.8.
 8        (d)  Prior  to  a  final  Agency  decision  on  a  permit
 9    application for which a fee has been paid under this Section,
10    the  applicant may propose modification to the application in
11    accordance with this Act and  regulations  adopted  hereunder
12    without  any additional fee becoming due, unless the proposed
13    modifications cause an  increase  in  the  design  population
14    served  by  the  sewer  specified  in  the permit application
15    before the modifications or the modifications cause a  change
16    in  the applicable fee category stated in subsection (c).  If
17    the modifications cause such an increase or  change  the  fee
18    category  and  the  increase results in additional fees being
19    due under subsection (c),  the  applicant  shall  submit  the
20    additional fee to the Agency with the proposed modifications.
21        (e)  No fee shall be due under this Section from:
22             (1)  any   department,   agency  or  unit  of  State
23        government for installing or extending a sewer;
24             (2)  any unit of local  government  with  which  the
25        Agency  has  entered  into a written delegation agreement
26        under  Section  4  which  allows  such  unit   to   issue
27        construction  permits  under  this  Title, or regulations
28        adopted hereunder, for installing or extending  a  sewer;
29        or
30             (3)  any unit of local government or school district
31        for  installing  or  extending  a sewer where both of the
32        following conditions are met:
33                  (i)  the cost of the installation or  extension
34             is  paid  wholly  from  monies  of the unit of local
 
SB1903 Enrolled            -207-     LRB093 08682 RCE 08912 b
 1             government  or  school  district,  State  grants  or
 2             loans, federal grants or loans, or  any  combination
 3             thereof; and
 4                  (ii)  the  unit  of  local government or school
 5             district is not given monies,  reimbursed  or  paid,
 6             either  in  whole  or  in  part,  by  another person
 7             (except for State grants or loans or federal  grants
 8             or loans) for the installation or extension.
 9        (f)  The  Agency may establish procedures relating to the
10    collection of fees under this Section.  The Agency shall  not
11    refund   any   fee   paid   to   it   under   this   Section.
12    Notwithstanding  the  provisions  of  any rule adopted before
13    July 1, 2003 concerning fees under this Section,  the  Agency
14    shall  assess  and collect the fees imposed under subdivision
15    (a)(2) of this Section and the increases in the fees  imposed
16    under subdivision (a)(1) of this Section beginning on July 1,
17    2003,  for  all  completed  applications received on or after
18    that date.
19        (g)  Notwithstanding any other provision of this Act, the
20    Agency shall, not later than 45 days following the receipt of
21    both an application for a construction  permit  and  the  fee
22    required by this Section, either approve that application and
23    issue a permit or tender to the applicant a written statement
24    setting   forth   with   specificity   the  reasons  for  the
25    disapproval of the application and denial of  a  permit.   If
26    the  Agency  takes  no  final action within 45 days after the
27    filing of the application for a  permit,  the  applicant  may
28    deem the permit issued.
29        (h)  For purposes of this Section:
30        "Toxic  pollutants"  means  those  pollutants  defined in
31    Section  502(13)  of  the  federal  Clean   Water   Act   and
32    regulations adopted pursuant to that Act.
33        "Industrial"  refers to those industrial users referenced
34    in Section  502(13)  of  the  federal  Clean  Water  Act  and
 
SB1903 Enrolled            -208-     LRB093 08682 RCE 08912 b
 1    regulations adopted pursuant to that Act.
 2        "Pretreatment"  means  the  reduction  of  the  amount of
 3    pollutants, the elimination of pollutants, or the  alteration
 4    of  the nature of pollutant properties in wastewater prior to
 5    or in lieu of  discharging  or  otherwise  introducing  those
 6    pollutants  into a publicly owned treatment works or publicly
 7    regulated treatment works.
 8    (Source: P.A. 87-843; 88-488.)

 9        (415 ILCS 5/12.5 new)
10        Sec. 12.5.  NPDES discharge fees; sludge permit fees.
11        (a)  Beginning July 1, 2003, the Agency shall assess  and
12    collect   annual  fees  (i)  in  the  amounts  set  forth  in
13    subsection (e) for  all  discharges  that  require  an  NPDES
14    permit  under  subsection (f) of Section 12, from each person
15    holding  an  NPDES  permit   authorizing   those   discharges
16    (including  a  person  who  continues  to  discharge under an
17    expired permit pending renewal), and (ii) in the amounts  set
18    forth  in  subsection  (f) of this Section for all activities
19    that require a permit under subsection  (b)  of  Section  12,
20    from  each  person holding a domestic sewage sludge generator
21    or user permit.
22        Each person  subject  to  this  Section  must  remit  the
23    applicable  annual  fee  to the Agency in accordance with the
24    requirements set forth in this Section and any rules  adopted
25    pursuant to this Section.
26        (b)  Within  30  days  after  the  effective date of this
27    Section, and by May 31 of each year  thereafter,  the  Agency
28    shall  send  a  fee notice by mail to each existing permittee
29    subject to a fee under this Section at his or her address  of
30    record.   The notice shall state the amount of the applicable
31    annual fee and the date by which payment is required.
32        Except as provided in  subsection  (c)  with  respect  to
33    initial  fees  under new permits and certain modifications of
 
SB1903 Enrolled            -209-     LRB093 08682 RCE 08912 b
 1    existing permits, fees payable under this Section for the  12
 2    months  beginning  July 1, 2003 are due by the date specified
 3    in the fee notice, which shall be no less than 30 days  after
 4    the  date  the  fee  notice is mailed by the Agency, and fees
 5    payable under this Section for subsequent years shall be  due
 6    on  July  1 or as otherwise required in any rules that may be
 7    adopted pursuant to this Section.
 8        (c)  The initial annual fee for discharges  under  a  new
 9    individual   NPDES   permit  or  for  activity  under  a  new
10    individual sludge generator or sludge  user  permit  must  be
11    remitted  to  the Agency prior to the issuance of the permit.
12    The Agency shall provide notice of the amount of the  fee  to
13    the  applicant  during its review of the application.  In the
14    case of a new individual NPDES or sludge permit issued during
15    the months of January through June, the  Agency  may  prorate
16    the initial annual fee payable under this Section.
17        The  initial  annual fee for discharges or other activity
18    under a general NPDES permit must be remitted to  the  Agency
19    as  part  of  the application for coverage under that general
20    permit.
21        If a requested modification to an existing  NPDES  permit
22    causes  a  change  in  the  applicable  fee  categories under
23    subsection (e) that results in an increase  in  the  required
24    fee,  the  permittee must pay to the Agency the amount of the
25    increase, prorated for the number of months remaining  before
26    the next July 1, before the modification is granted.
27        (d)  Failure  to  submit  the  fee  required  under  this
28    Section  by  the  due  date  constitutes  a violation of this
29    Section.  Late payments  shall  incur  an  interest  penalty,
30    calculated  at  the  rate in effect from time to time for tax
31    delinquencies under subsection (a) of  Section  1003  of  the
32    Illinois  Income  Tax Act, from the date the fee is due until
33    the date the fee payment is received by the Agency.
34        (e)  The annual fees applicable to discharges under NPDES
 
SB1903 Enrolled            -210-     LRB093 08682 RCE 08912 b
 1    permits are as follows:
 2             (1)  For NPDES permits for publicly owned  treatment
 3        works,  other  facilities  for which the wastewater being
 4        treated and discharged is primarily domestic sewage,  and
 5        wastewater  discharges from the operation of public water
 6        supply treatment facilities, the fee is:
 7                  (i)  $1,500  for  facilities  with   a   Design
 8             Average  Flow  rate of less than 100,000 gallons per
 9             day;
10                  (ii)  $5,000  for  facilities  with  a   Design
11             Average  Flow  rate  of at least 100,000 gallons per
12             day but less than 500,000 gallons per day;
13                  (iii)  $7,500  for  facilities  with  a  Design
14             Average Flow rate of at least  500,000  gallons  per
15             day but less than 1,000,000 gallons per day;
16                  (iv)  $15,000  for  facilities  with  a  Design
17             Average  Flow rate of at least 1,000,000 gallons per
18             day but less than 5,000,000 gallons per day;
19                  (v)  $30,000  for  facilities  with  a   Design
20             Average  Flow rate of at least 5,000,000 gallons per
21             day but less than 10,000,000 gallons per day; and
22                  (vi)  $50,000  for  facilities  with  a  Design
23             Average Flow rate of 10,000,000 gallons per  day  or
24             more.
25             (2)  For  NPDES permits for treatment works or sewer
26        collection systems that include combined  sewer  overflow
27        outfalls, the fee is:
28                  (i)  $1,000  for  systems  serving  a tributary
29             population of 10,000 or less;
30                  (ii)  $5,000 for systems  serving  a  tributary
31             population  that is greater than 10,000 but not more
32             than 25,000; and
33                  (iii)  $20,000 for systems serving a  tributary
34             population that is greater than 25,000.
 
SB1903 Enrolled            -211-     LRB093 08682 RCE 08912 b
 1             The  fee  amounts  in this subdivision (e)(2) are in
 2        addition to the fees stated in  subdivision  (e)(1)  when
 3        the combined sewer overflow outfall is contained within a
 4        permit subject to subsection (e)(1) fees.
 5             (3)  For NPDES permits for mines producing coal, the
 6        fee is $5,000.
 7             (4)  For  NPDES  permits  for mines other than mines
 8        producing coal, the fee is $5,000.
 9             (5)  For NPDES permits for industrial activity where
10        toxic substances are not regulated,  other  than  permits
11        covered under subdivision (e)(3) or (e)(4), the fee is:
12                  (i)  $1,000   for  a  facility  with  a  Design
13             Average Flow rate  that  is  not  more  than  10,000
14             gallons per day;
15                  (ii)  $2,500  for  a  facility  with  a  Design
16             Average  Flow  rate that is more than 10,000 gallons
17             per day but not more than 100,000 gallons  per  day;
18             and
19                  (iii)  $10,000  for  a  facility  with a Design
20             Average Flow rate that is more than 100,000  gallons
21             per day.
22             (6)  For NPDES permits for industrial activity where
23        toxic   substances  are  regulated,  other  than  permits
24        covered under subdivision (e)(3) or (e)(4), the fee is:
25                  (i)  $15,000  for  a  facility  with  a  Design
26             Average Flow rate that  is  not  more  than  250,000
27             gallons per day; and
28                  (ii)  $20,000  for  a  facility  with  a Design
29             Average Flow rate that is more than 250,000  gallons
30             per day.
31             (7)  For   NPDES  permits  for  industrial  activity
32        classified by USEPA as  a  major  discharge,  other  than
33        permits  covered  under subdivision (e)(3) or (e)(4), the
34        fee is:
 
SB1903 Enrolled            -212-     LRB093 08682 RCE 08912 b
 1                  (i)  $30,000  for  a   facility   where   toxic
 2             substances are not regulated; and
 3                  (ii)  $50,000   for   a  facility  where  toxic
 4             substances are regulated.
 5             (8)  For NPDES permits for municipal separate  storm
 6        sewer systems, the fee is $1,000.
 7             (9)  For  NPDES  permits  for  construction  site or
 8        industrial storm water, the fee is $500.
 9        (f)  The annual fee for activities under  a  permit  that
10    authorizes  applying  sludge  on  land is $2,500 for a sludge
11    generator permit and $5,000 for a sludge user permit.
12        (g)  More than  one  of  the  annual  fees  specified  in
13    subsections (e) and (f) may be applicable to a permit holder.
14    These  fees  are in addition to any other fees required under
15    this Act.
16        (h)  The fees imposed under this Section do not apply  to
17    the  State  or  any department or agency of the State, nor to
18    any school district.
19        (i)  The Agency may adopt rules  to  administer  the  fee
20    program  established in this Section.  The Agency may include
21    provisions pertaining to invoices, notice  of  late  payment,
22    and  disputes concerning the amount or timeliness of payment.
23    The Agency may set forth  procedures  and  criteria  for  the
24    acceptance  of  payments.  The absence of such rules does not
25    affect the duty  of  the  Agency  to  immediately  begin  the
26    assessment and collection of fees under this Section.
27        (j)  All  fees  and  interest  penalties collected by the
28    Agency  under  this  Section  shall  be  deposited  into  the
29    Illinois Clean Water Fund,  which  is  hereby  created  as  a
30    special  fund  in  the  State  treasury.  Gifts, supplemental
31    environmental project funds, and grants may be deposited into
32    the Fund.  Investment earnings on moneys  held  in  the  Fund
33    shall be credited to the Fund.
34        Subject to appropriation, the moneys in the Fund shall be
 
SB1903 Enrolled            -213-     LRB093 08682 RCE 08912 b
 1    used  by  the  Agency  to  carry out the Agency's clean water
 2    activities.
 3        (k)  Fees paid to the Agency under this Section  are  not
 4    refundable.

 5        (415 ILCS 5/12.6 new)
 6        Sec. 12.6.  Certification fees.
 7        (a)  Beginning  July  1, 2003, the Agency shall collect a
 8    fee in the amount set  forth  in  subsection  (b)  from  each
 9    applicant for a state water quality certification required by
10    Section 401 of the federal Clean Water Act prior to a federal
11    authorization  pursuant  to  Section  404 of that Act; except
12    that the fee does not apply to the State or any department or
13    agency of the State, nor to any school district.
14        (b)  The amount of the fee  for  a  State  water  quality
15    certification  is  $350  or  1%  of  the  gross  value of the
16    proposed project, whichever is greater,  but  not  to  exceed
17    $10,000.
18        (c)  Each applicant seeking a federal authorization of an
19    action   requiring   a   Section   401  state  water  quality
20    certification by the Agency shall  submit  the  required  fee
21    with  the  application.  The Agency shall deny an application
22    for which a fee  is  required  under  this  Section,  if  the
23    application does not contain the appropriate fee.
24        (d)  The  Agency may establish procedures relating to the
25    collection of fees under this Section.   Notwithstanding  the
26    adoption  of  any  rules  establishing  such  procedures, the
27    Agency may begin collecting fees under this Section  on  July
28    1,  2003  for  all complete applications received on or after
29    that date.
30        All fees collected by the Agency under this Section shall
31    be deposited into the Illinois Clean Water Fund.   Fees  paid
32    under this Section are not refundable.
 
SB1903 Enrolled            -214-     LRB093 08682 RCE 08912 b
 1        (415 ILCS 5/16.1) (from Ch. 111 1/2, par. 1016.1)
 2        Sec. 16.1.  Permit fees.
 3        (a)  Beginning  January  1,  1990,  Except as provided in
 4    subsection (f), the Agency shall collect a fee in the  amount
 5    set  forth  in  subsection (d) from: (1) each applicant for a
 6    construction permit under this Title, or regulations  adopted
 7    hereunder,  to  install  or  extend  water main; and (2) each
 8    person who  submits  as-built  plans  under  this  Title,  or
 9    regulations  adopted  hereunder,  to  install or extend water
10    main.
11        (b)  Except as provided in subsection (c), each applicant
12    or person required to pay a  fee  under  this  Section  shall
13    submit   the   fee  to  the  Agency  along  with  the  permit
14    application or as-built plans.  The  Agency  shall  deny  any
15    construction  permit  application for which a fee is required
16    under this Section that does not contain the appropriate fee.
17    The Agency shall not approve any as-built plans for  which  a
18    fee  is  required  under this Section that do not contain the
19    appropriate fee.
20        (c)  Each applicant for an emergency construction  permit
21    under  this  Title,  or  regulations  adopted  hereunder,  to
22    install  or  extend a water main shall submit the appropriate
23    fee to the Agency within 10 calendar days from  the  date  of
24    issuance of the emergency construction permit.
25        (d)  The amount of the fee is as follows:
26             (1)  $240    $120   if   the   construction   permit
27        application is to install or extend water  main  that  is
28        more  than  200  feet,  but  not  more than 1,000 feet in
29        length;
30             (2)  $720   $360   if   the   construction    permit
31        application  is  to  install or extend water main that is
32        more than 1,000 feet but not  more  than  5,000  feet  in
33        length;
34             (3)  $1200   $600   if   the   construction   permit
 
SB1903 Enrolled            -215-     LRB093 08682 RCE 08912 b
 1        application  is  to  install or extend water main that is
 2        more than 5,000 feet in length.
 3        (e)  Prior  to  a  final  Agency  decision  on  a  permit
 4    application for which a fee has been paid under this Section,
 5    the applicant may propose modifications to the application in
 6    accordance with this Act and  regulations  adopted  hereunder
 7    without  any  additional fee becoming due unless the proposed
 8    modifications cause the length  of  water  main  to  increase
 9    beyond  the length specified in the permit application before
10    the  modifications.   If  the  modifications  cause  such  an
11    increase and the increase results in  additional  fees  being
12    due  under  subsection  (d),  the  applicant shall submit the
13    additional fee to the Agency with the proposed modifications.
14        (f)  No fee shall be due under this Section from (1)  any
15    department, agency or unit of State government for installing
16    or  extending  a water main; (2) any unit of local government
17    with which the Agency has entered into a  written  delegation
18    agreement  under Section 4 of this Act which allows such unit
19    to  issue  construction  permits   under   this   Title,   or
20    regulations  adopted hereunder, for installing or extending a
21    water main; or (3) any unit of  local  government  or  school
22    district  for installing or extending a water main where both
23    of the following conditions are met:  (i)  the  cost  of  the
24    installation  or  extension is paid wholly from monies of the
25    unit of local government or school district, State grants  or
26    loans,  federal  grants or loans, or any combination thereof;
27    and (ii) the unit of local government or school  district  is
28    not  given  monies, reimbursed or paid, either in whole or in
29    part, by another person (except for State grants or loans  or
30    federal grants or loans) for the installation or extension.
31        (g)  The  Agency may establish procedures relating to the
32    collection of fees under this Section.  The Agency shall  not
33    refund any fee paid to it under this Section.
34        (h)  For  the  purposes  of this Section, the term "water
 
SB1903 Enrolled            -216-     LRB093 08682 RCE 08912 b
 1    main" means any pipe that is to be used for  the  purpose  of
 2    distributing  potable  water which serves or is accessible to
 3    more than one property, dwelling or rental unit, and that  is
 4    exterior to buildings.
 5        (i)  Notwithstanding any other provision of this Act, the
 6    Agency shall, not later than 45 days following the receipt of
 7    both  an  application  for  a construction permit and the fee
 8    required by this Section, either approve that application and
 9    issue a permit or tender to the applicant a written statement
10    setting  forth  with  specificity   the   reasons   for   the
11    disapproval  of  the  application and denial of a permit.  If
12    there is no final action by the Agency within 45  days  after
13    the filing of the application for a permit, the applicant may
14    deem the permit issued.
15    (Source: P.A. 86-670; 87-843.)

16        (415 ILCS 5/22.8) (from Ch. 111 1/2, par. 1022.8)
17        Sec.    22.8.  Environmental    Protection   Permit   and
18    Inspection Fund.
19        (a)  There is hereby created  in  the  State  Treasury  a
20    special  fund  to  be  known  as the Environmental Protection
21    Permit and Inspection Fund. All fees collected by the  Agency
22    pursuant  to  this  Section,  Section  9.6,  12.2, 16.1, 22.2
23    (j)(6)(E)(v)(IV), 56.4, 56.5, 56.6,  and  subsection  (f)  of
24    Section 5 of this Act or pursuant to Section 22 of the Public
25    Water   Supply  Operations  Act  and  funds  collected  under
26    subsection (b.5) of Section 42 of this Act shall be deposited
27    into the Fund. In addition to any  monies  appropriated  from
28    the  General  Revenue  Fund,  monies  in  the  Fund  shall be
29    appropriated by the General Assembly to the Agency in amounts
30    deemed  necessary  for  manifest,  permit,   and   inspection
31    activities  and  for  processing  requests under Section 22.2
32    (j)(6)(E)(v)(IV).
33        The General Assembly may appropriate monies in  the  Fund
 
SB1903 Enrolled            -217-     LRB093 08682 RCE 08912 b
 1    deemed   necessary  for  Board  regulatory  and  adjudicatory
 2    proceedings.
 3        (b)  On and after  January  1,  1989,  The  Agency  shall
 4    collect  from  the  owner or operator of any of the following
 5    types  of  hazardous  waste  disposal  sites  or   management
 6    facilities  which  require a RCRA permit under subsection (f)
 7    of Section 21 of this Act, or a UIC permit  under  subsection
 8    (g)  of  Section  12 of this Act, an annual fee in the amount
 9    of:
10             (1)  $35,000  ($70,000  beginning  in  2004)  for  a
11        hazardous waste disposal site receiving  hazardous  waste
12        if  the  hazardous waste disposal site is located off the
13        site where such waste was produced;
14             (2)  $9,000  ($18,000  beginning  in  2004)  for   a
15        hazardous  waste  disposal site receiving hazardous waste
16        if the hazardous waste disposal site is  located  on  the
17        site where such waste was produced;
18             (3)  $7,000   ($14,000  beginning  in  2004)  for  a
19        hazardous waste disposal site receiving  hazardous  waste
20        if  the  hazardous  waste disposal site is an underground
21        injection well;
22             (4)  $2,000  ($4,000  beginning  in  2004)   for   a
23        hazardous  waste  management  facility treating hazardous
24        waste by incineration;
25             (5)  $1,000  ($2,000  beginning  in  2004)   for   a
26        hazardous  waste  management  facility treating hazardous
27        waste by  a  method,  technique  or  process  other  than
28        incineration;
29             (6)  $1,000   ($2,000   beginning  in  2004)  for  a
30        hazardous waste  management  facility  storing  hazardous
31        waste in a surface impoundment or pile; or
32             (7)  $250  ($500  beginning in 2004) for a hazardous
33        waste management facility storing hazardous  waste  other
34        than in a surface impoundment or pile; and.
 
SB1903 Enrolled            -218-     LRB093 08682 RCE 08912 b
 1             (8)  Beginning  in  2004,  $500 for a large quantity
 2        hazardous waste generator required to submit an annual or
 3        biennial report for hazardous waste generation.
 4        (c)  Where two or  more  operational  units  are  located
 5    within  a  single  hazardous  waste disposal site, the Agency
 6    shall collect from the owner or  operator  of  such  site  an
 7    annual fee equal to the highest fee imposed by subsection (b)
 8    of  this  Section upon any single operational unit within the
 9    site.
10        (d)  The fee imposed upon a hazardous waste disposal site
11    under  this  Section  shall  be  the  exclusive  permit   and
12    inspection fee applicable to hazardous waste disposal at such
13    site,   provided  that  nothing  in  this  Section  shall  be
14    construed to diminish or otherwise  affect  any  fee  imposed
15    upon the owner or operator of a hazardous waste disposal site
16    by Section 22.2.
17        (e)  The Agency shall establish procedures, no later than
18    December 1, 1984, relating to the collection of the hazardous
19    waste  disposal  site  fees  authorized by this Section. Such
20    procedures shall include, but not be limited to the time  and
21    manner  of  payment  of  fees  to  the Agency, which shall be
22    quarterly, payable at  the  beginning  of  each  quarter  for
23    hazardous  waste  disposal  site  fees.  Annual fees required
24    under paragraph (7) of subsection (b) of this  Section  shall
25    accompany the annual report required by Board regulations for
26    the calendar year for which the report applies.
27        (f)  For  purposes  of  this  Section,  a hazardous waste
28    disposal site consists  of  one  or  more  of  the  following
29    operational units:
30             (1)  a   landfill   receiving  hazardous  waste  for
31        disposal;
32             (2)  a waste pile or surface impoundment,  receiving
33        hazardous  waste,  in which residues which exhibit any of
34        the characteristics of hazardous waste pursuant to  Board
 
SB1903 Enrolled            -219-     LRB093 08682 RCE 08912 b
 1        regulations  are  reasonably  expected  to  remain  after
 2        closure;
 3             (3)  a  land  treatment facility receiving hazardous
 4        waste; or
 5             (4)  a well injecting hazardous waste.
 6        (g)  The Agency shall assess  a  fee  for  each  manifest
 7    provided  by  the Agency.  For manifests provided on or after
 8    January 1, 1989 but before July 1, 2003, the fee shall be  $1
 9    per  manifest.   For  manifests  provided on or after July 1,
10    2003, the fee shall be $3 per manifest.
11        (g)  On and after  January  1,  1989,  the  Agency  shall
12    assess  a  fee  of  $1.00  for  each manifest provided by the
13    Agency, except  that  the  Agency  shall  furnish  up  to  20
14    manifests  requested  by  any  generator  at no charge and no
15    generator shall be required to pay more than $500 per year in
16    such manifest fees.
17    (Source: P.A. 89-79, eff. 6-30-95; 90-372, eff. 7-1-98.)

18        (415 ILCS 5/22.15) (from Ch. 111 1/2, par. 1022.15)
19        Sec. 22.15.  Solid Waste Management Fund; fees.
20        (a)  There is hereby created within the State Treasury  a
21    special  fund  to  be  known  as  the "Solid Waste Management
22    Fund", to be constituted from the fees collected by the State
23    pursuant to this Section and from repayments  of  loans  made
24    from  the  Fund for solid waste projects.  Moneys received by
25    the Department of Commerce and Community Affairs in repayment
26    of loans made pursuant to the Illinois Solid Waste Management
27    Act shall  be  deposited  into  the  Solid  Waste  Management
28    Revolving Loan Fund.
29        (b)  On  and  after  January  1,  1987,  The Agency shall
30    assess and collect a fee in the amount set forth herein  from
31    the  owner or operator of each sanitary landfill permitted or
32    required to be permitted by the Agency to  dispose  of  solid
33    waste  if the sanitary landfill is located off the site where
 
SB1903 Enrolled            -220-     LRB093 08682 RCE 08912 b
 1    such waste was produced and  if  such  sanitary  landfill  is
 2    owned,  controlled,  and  operated by a person other than the
 3    generator of such waste.  The Agency shall deposit  all  fees
 4    collected into the Solid Waste Management Fund.  If a site is
 5    contiguous  to one or more landfills owned or operated by the
 6    same person, the volumes  permanently  disposed  of  by  each
 7    landfill  shall  be  combined for purposes of determining the
 8    fee under this subsection.
 9             (1)  If   more   than   150,000   cubic   yards   of
10        non-hazardous solid waste is permanently disposed of at a
11        site in a calendar year,  the  owner  or  operator  shall
12        either  pay a fee of 95 cents 45 cents per cubic yard or,
13        alternatively,  the  owner  or  operator  may  weigh  the
14        quantity of the solid waste permanently disposed of  with
15        a  device for which certification has been obtained under
16        the Weights and Measures Act and pay a fee  of  $2.00  95
17        cents per ton of solid waste permanently disposed of.  In
18        no  case  shall the fee collected or paid by the owner or
19        operator under this  paragraph  exceed  $1.55  $1.05  per
20        cubic yard or $3.27 $2.22 per ton.
21             (2)  If  more  than 100,000 cubic yards but not more
22        than  150,000  cubic  yards  of  non-hazardous  waste  is
23        permanently disposed of at a site in a calendar year, the
24        owner or operator shall pay a fee of $52,630 $25,000.
25             (3)  If more than 50,000 cubic yards  but  not  more
26        than  100,000 cubic yards of non-hazardous solid waste is
27        permanently disposed of at a site in a calendar year, the
28        owner or operator shall pay a fee of $23,790 $11,300.
29             (4)  If more than 10,000 cubic yards  but  not  more
30        than  50,000  cubic yards of non-hazardous solid waste is
31        permanently disposed of at a site in a calendar year, the
32        owner or operator shall pay a fee of $7,260 $3,450.
33             (5)  If  not  more  than  10,000  cubic   yards   of
34        non-hazardous solid waste is permanently disposed of at a
 
SB1903 Enrolled            -221-     LRB093 08682 RCE 08912 b
 1        site  in a calendar year, the owner or operator shall pay
 2        a fee of $1050 $500.
 3        (c)  (Blank.)
 4        (d)  The Agency shall establish  rules  relating  to  the
 5    collection  of  the  fees  authorized  by this Section.  Such
 6    rules shall include, but not be limited to:
 7             (1)  necessary records identifying the quantities of
 8        solid waste received or disposed;
 9             (2)  the form and submission of reports to accompany
10        the payment of fees to the Agency;
11             (3)  the time and manner of payment of fees  to  the
12        Agency,  which  payments  shall  not  be  more often than
13        quarterly; and
14             (4)  procedures setting forth criteria  establishing
15        when an owner or operator may measure by weight or volume
16        during any given quarter or other fee payment period.
17        (e)  Pursuant  to  appropriation, all monies in the Solid
18    Waste Management Fund shall be used by  the  Agency  and  the
19    Department of Commerce and Community Affairs for the purposes
20    set  forth  in  this  Section and in the Illinois Solid Waste
21    Management Act, including for the costs of fee collection and
22    administration.
23        (f)  The  Agency  is  authorized  to  enter   into   such
24    agreements  and  to promulgate such rules as are necessary to
25    carry out its duties under  this  Section  and  the  Illinois
26    Solid Waste Management Act.
27        (g)  On  the  first  day  of  January,  April,  July, and
28    October of each year, beginning on July 1,  1996,  the  State
29    Comptroller  and  Treasurer  shall transfer $500,000 from the
30    Solid Waste Management Fund  to  the  Hazardous  Waste  Fund.
31    Moneys  transferred  under  this subsection (g) shall be used
32    only for the purposes set forth in item (1) of subsection (d)
33    of Section 22.2.
34        (h)  The  Agency  is  authorized  to  provide   financial
 
SB1903 Enrolled            -222-     LRB093 08682 RCE 08912 b
 1    assistance  to  units of local government for the performance
 2    of  inspecting,  investigating  and  enforcement   activities
 3    pursuant to Section 4(r) at nonhazardous solid waste disposal
 4    sites.
 5        (i)  The  Agency  is authorized to support the operations
 6    of an industrial materials exchange service, and  to  conduct
 7    household waste collection and disposal programs.
 8        (j)  A  unit of local government, as defined in the Local
 9    Solid Waste Disposal Act, in which  a  solid  waste  disposal
10    facility  is  located  may establish a fee, tax, or surcharge
11    with regard to the permanent disposal  of  solid  waste.  All
12    fees,  taxes,  and surcharges collected under this subsection
13    shall  be  utilized  for  solid  waste  management  purposes,
14    including long-term monitoring and maintenance of  landfills,
15    planning,  implementation,  inspection, enforcement and other
16    activities consistent with the Solid Waste Management Act and
17    the  Local  Solid  Waste  Disposal  Act,  or  for  any  other
18    environment-related purpose, including but not limited to  an
19    environment-related  public  works  project,  but not for the
20    construction of a new pollution control facility other than a
21    household hazardous waste facility.  However, the total  fee,
22    tax  or  surcharge  imposed  by all units of local government
23    under this subsection  (j)  upon  the  solid  waste  disposal
24    facility shall not exceed:
25             (1)  60¢  per  cubic yard if more than 150,000 cubic
26        yards  of  non-hazardous  solid  waste   is   permanently
27        disposed  of  at  the site in a calendar year, unless the
28        owner or operator weighs the quantity of the solid  waste
29        received  with  a device for which certification has been
30        obtained under the Weights and  Measures  Act,  in  which
31        case  the  fee  shall  not  exceed $1.27 per ton of solid
32        waste permanently disposed of.
33             (2)  $33,350 if more than 100,000 cubic  yards,  but
34        not more than 150,000 cubic yards, of non-hazardous waste
 
SB1903 Enrolled            -223-     LRB093 08682 RCE 08912 b
 1        is  permanently  disposed  of  at  the site in a calendar
 2        year.
 3             (3)  $15,500 if more than 50,000  cubic  yards,  but
 4        not more than 100,000 cubic yards, of non-hazardous solid
 5        waste  is  permanently  disposed  of  at  the  site  in a
 6        calendar year.
 7             (4)  $4,650 if more than 10,000 cubic yards, but not
 8        more than 50,000  cubic  yards,  of  non-hazardous  solid
 9        waste  is  permanently  disposed  of  at  the  site  in a
10        calendar year.
11             (5)  $$650 if not more than 10,000  cubic  yards  of
12        non-hazardous  solid  waste is permanently disposed of at
13        the site in a calendar year.
14        The corporate authorities of the unit of local government
15    may use proceeds from the fee, tax, or surcharge to reimburse
16    a highway commissioner whose road  district  lies  wholly  or
17    partially  within  the  corporate limits of the unit of local
18    government  for  expenses  incurred   in   the   removal   of
19    nonhazardous,  nonfluid  municipal waste that has been dumped
20    on public property in violation  of  a  State  law  or  local
21    ordinance.
22        A  county or Municipal Joint Action Agency that imposes a
23    fee, tax, or surcharge under  this  subsection  may  use  the
24    proceeds thereof to reimburse a municipality that lies wholly
25    or  partially  within its boundaries for expenses incurred in
26    the removal of nonhazardous, nonfluid  municipal  waste  that
27    has  been  dumped  on public property in violation of a State
28    law or local ordinance.
29        If the fees are to be used to conduct  a  local  sanitary
30    landfill inspection or enforcement program, the unit of local
31    government  must  enter  into  a written delegation agreement
32    with the Agency pursuant to subsection (r) of Section 4.  The
33    unit of local government and the Agency shall enter into such
34    a written delegation  agreement  within  60  days  after  the
 
SB1903 Enrolled            -224-     LRB093 08682 RCE 08912 b
 1    establishment  of  such  fees.  At least annually, the Agency
 2    shall conduct an audit of the expenditures made by  units  of
 3    local  government from the funds granted by the Agency to the
 4    units of local government  for  purposes  of  local  sanitary
 5    landfill  inspection and enforcement programs, to ensure that
 6    the funds have been  expended  for  the  prescribed  purposes
 7    under the grant.
 8        The  fees,  taxes  or  surcharges  collected  under  this
 9    subsection   (j)  shall  be  placed  by  the  unit  of  local
10    government in a separate fund, and the interest  received  on
11    the  moneys  in  the  fund shall be credited to the fund. The
12    monies in the fund may be accumulated over a period of  years
13    to be expended in accordance with this subsection.
14        A unit of local government, as defined in the Local Solid
15    Waste  Disposal  Act,  shall  prepare  and  distribute to the
16    Agency, in April of each year, a report that details spending
17    plans  for  monies  collected   in   accordance   with   this
18    subsection.   The  report  will  at  a  minimum  include  the
19    following:
20             (1)  The  total  monies  collected  pursuant to this
21        subsection.
22             (2)  The most current balance  of  monies  collected
23        pursuant to this subsection.
24             (3)  An  itemized  accounting of all monies expended
25        for the previous year pursuant to this subsection.
26             (4)  An estimation of monies to be collected for the
27        following 3 years pursuant to this subsection.
28             (5)  A narrative detailing the general direction and
29        scope of future expenditures for one, 2 and 3 years.
30        The exemptions granted under Sections 22.16  and  22.16a,
31    and  under  subsections (c) and (k) of this Section, shall be
32    applicable to any fee, tax or surcharge  imposed  under  this
33    subsection  (j);  except  that  the  fee,  tax  or  surcharge
34    authorized  to  be  imposed  under this subsection (j) may be
 
SB1903 Enrolled            -225-     LRB093 08682 RCE 08912 b
 1    made  applicable  by  a  unit  of  local  government  to  the
 2    permanent disposal of solid waste after  December  31,  1986,
 3    under  any  contract  lawfully  executed  before June 1, 1986
 4    under which more than 150,000 cubic yards (or 50,000 tons) of
 5    solid waste is to be permanently disposed of, even though the
 6    waste is exempt from the  fee  imposed  by  the  State  under
 7    subsection  (b)  of  this  Section  pursuant  to an exemption
 8    granted under Section 22.16.
 9        (k)  In accordance with the findings and purposes of  the
10    Illinois  Solid  Waste  Management  Act, beginning January 1,
11    1989 the fee  under  subsection  (b)  and  the  fee,  tax  or
12    surcharge under subsection (j) shall not apply to:
13             (1)  Waste which is hazardous waste; or
14             (2)  Waste which is pollution control waste; or
15             (3)  Waste  from  recycling,  reclamation  or  reuse
16        processes which have been approved by the Agency as being
17        designed  to  remove any contaminant from wastes so as to
18        render such wastes reusable, provided  that  the  process
19        renders at least 50% of the waste reusable; or
20             (4)  Non-hazardous solid waste that is received at a
21        sanitary  landfill  and  composted  or recycled through a
22        process permitted by the Agency; or
23             (5)  Any landfill which is permitted by  the  Agency
24        to  receive  only  demolition  or  construction debris or
25        landscape waste.
26    (Source: P.A. 92-574, eff. 6-26-02.)

27        (415 ILCS 5/22.44)
28        Sec. 22.44. Subtitle D management fees.
29        (a)  There is created within the State treasury a special
30    fund  to  be  known  as  the  "Subtitle  D  Management  Fund"
31    constituted from the fees collected by the State  under  this
32    Section.
33        (b)  On  and  after  January  1,  1994,  The Agency shall
 
SB1903 Enrolled            -226-     LRB093 08682 RCE 08912 b
 1    assess and collect a fee in the  amount  set  forth  in  this
 2    subsection  from  the  owner  or  operator  of  each sanitary
 3    landfill permitted or required to be permitted by the  Agency
 4    to dispose of solid waste if the sanitary landfill is located
 5    off the site where the waste was produced and if the sanitary
 6    landfill is owned, controlled, and operated by a person other
 7    than  the  generator  of the waste.  The Agency shall deposit
 8    all fees collected under this subsection into the Subtitle  D
 9    Management  Fund.   If  a  site  is contiguous to one or more
10    landfills owned or operated by the same person,  the  volumes
11    permanently  disposed  of  by each landfill shall be combined
12    for purposes of determining the fee under this subsection.
13             (1)  If   more   than   150,000   cubic   yards   of
14        non-hazardous solid waste is permanently disposed of at a
15        site in a calendar year,  the  owner  or  operator  shall
16        either  pay  a fee of 10.1 cents 5.5 cents per cubic yard
17        or, alternatively, the owner or operator  may  weigh  the
18        quantity  of the solid waste permanently disposed of with
19        a device for which certification has been obtained  under
20        the Weights and Measures Act and pay a fee of 22 cents 12
21        cents per ton of waste permanently disposed of.
22             (2)  If  more than 100,000 cubic yards, but not more
23        than 150,000  cubic  yards,  of  non-hazardous  waste  is
24        permanently disposed of at a site in a calendar year, the
25        owner or operator shall pay a fee of $7,020 $3,825.
26             (3)  If  more  than 50,000 cubic yards, but not more
27        than 100,000 cubic yards, of non-hazardous solid waste is
28        permanently disposed of at a site in a calendar year, the
29        owner or operator shall pay a fee of $3,120 $1,700.
30             (4)  If more than 10,000 cubic yards, but  not  more
31        than  50,000 cubic yards, of non-hazardous solid waste is
32        permanently disposed of at a site in a calendar year, the
33        owner or operator shall pay a fee of $975 $530.
34             (5)  If  not  more  than  10,000  cubic   yards   of
 
SB1903 Enrolled            -227-     LRB093 08682 RCE 08912 b
 1        non-hazardous solid waste is permanently disposed of at a
 2        site  in a calendar year, the owner or operator shall pay
 3        a fee of $210 $110.
 4        (c)  The fee under subsection (b) shall not apply to  any
 5    of the following:
 6             (1)  Hazardous waste.
 7             (2)  Pollution control waste.
 8             (3)  Waste  from  recycling,  reclamation,  or reuse
 9        processes that have been approved by the Agency as  being
10        designed  to  remove any contaminant from wastes so as to
11        render the wastes reusable,  provided  that  the  process
12        renders at least 50% of the waste reusable.
13             (4)  Non-hazardous solid waste that is received at a
14        sanitary  landfill  and  composted  or recycled through a
15        process permitted by the Agency.
16             (5)  Any landfill that is permitted by the Agency to
17        receive  only  demolition  or  construction   debris   or
18        landscape waste.
19        (d)  The  Agency  shall  establish  rules relating to the
20    collection of the fees authorized  by  this  Section.   These
21    rules shall include, but not be limited to the following:
22             (1)  Necessary records identifying the quantities of
23        solid waste received or disposed.
24             (2)  The form and submission of reports to accompany
25        the payment of fees to the Agency.
26             (3)  The  time  and manner of payment of fees to the
27        Agency, which payments  shall  not  be  more  often  than
28        quarterly.
29             (4)  Procedures  setting forth criteria establishing
30        when an owner or operator may measure by weight or volume
31        during any given quarter or other fee payment period.
32        (e)  Fees  collected  under  this  Section  shall  be  in
33    addition to any other fees collected under any other Section.
34        (f)  The Agency shall not refund any fee paid to it under
 
SB1903 Enrolled            -228-     LRB093 08682 RCE 08912 b
 1    this Section.
 2        (g)  Pursuant  to  appropriation,  all  moneys   in   the
 3    Subtitle  D  Management  Fund  shall be used by the Agency to
 4    administer  the  United   States   Environmental   Protection
 5    Agency's  Subtitle  D  Program  provided in Sections 4004 and
 6    4010 of the Resource Conservation and Recovery  Act  of  1976
 7    (P.L.  94-580)  as  it  relates  to  a  municipal solid waste
 8    landfill program in Illinois and  to  fund  a  delegation  of
 9    inspecting,  investigating, and enforcement functions, within
10    the municipality only, pursuant to subsection (r) of  Section
11    4  of  this Act to a municipality having a population of more
12    than 1,000,000  inhabitants.   The  Agency  shall  execute  a
13    delegation  agreement pursuant to subsection (r) of Section 4
14    of this Act with a municipality having a population  of  more
15    than  1,000,000  inhabitants  within 90 days of September 13,
16    1993 and  shall  on  an  annual  basis  distribute  from  the
17    Subtitle  D Management Fund to that municipality no less than
18    $150,000.
19    (Source: P.A. 92-574, eff. 6-26-02.)

20        (415 ILCS 5/39.5) (from Ch. 111 1/2, par. 1039.5)
21        Sec. 39.5.  Clean Air Act Permit Program.
22        1.  Definitions.
23        For purposes of this Section:
24        "Administrative permit amendment" means a permit revision
25    subject to subsection 13 of this Section.
26        "Affected source for acid deposition" means a source that
27    includes one or more affected units under  Title  IV  of  the
28    Clean Air Act.
29        "Affected  States" for purposes of formal distribution of
30    a draft CAAPP permit to other States for  comments  prior  to
31    issuance, means all States:
32             (1)  Whose air quality may be affected by the source
33        covered  by  the  draft permit and that are contiguous to
 
SB1903 Enrolled            -229-     LRB093 08682 RCE 08912 b
 1        Illinois; or
 2             (2)  That are within 50 miles of the source.
 3        "Affected  unit  for  acid  deposition"  shall  have  the
 4    meaning given to the term "affected unit" in the  regulations
 5    promulgated under Title IV of the Clean Air Act.
 6        "Applicable  Clean  Air Act requirement" means all of the
 7    following as they  apply  to  emissions  units  in  a  source
 8    (including regulations that have been promulgated or approved
 9    by  USEPA pursuant to the Clean Air Act which directly impose
10    requirements  upon  a   source   and   other   such   federal
11    requirements which have been adopted by the Board.  These may
12    include   requirements  and  regulations  which  have  future
13    effective compliance  dates.   Requirements  and  regulations
14    will  be  exempt  if  USEPA determines that such requirements
15    need not be contained in a Title V permit):
16             (1)  Any standard or other requirement provided  for
17        in  the  applicable state implementation plan approved or
18        promulgated by USEPA under Title I of the Clean  Air  Act
19        that implement the relevant requirements of the Clean Air
20        Act,  including any revisions to the state Implementation
21        Plan promulgated in 40 CFR Part 52, Subparts A and O  and
22        other  subparts  applicable to Illinois.  For purposes of
23        this subsection (1) of this definition, "any standard  or
24        other  requirement"  shall  mean  only  such standards or
25        requirements directly enforceable against  an  individual
26        source under the Clean Air Act.
27             (2)(i)  Any term or condition of any preconstruction
28             permits  issued  pursuant to regulations approved or
29             promulgated by USEPA under Title I of the Clean  Air
30             Act, including Part C or D of the Clean Air Act.
31                  (ii)  Any   term   or   condition  as  required
32             pursuant  to   Section   39.5   of   any   federally
33             enforceable  State  operating permit issued pursuant
34             to regulations  approved  or  promulgated  by  USEPA
 
SB1903 Enrolled            -230-     LRB093 08682 RCE 08912 b
 1             under Title I of the Clean Air Act, including Part C
 2             or D of the Clean Air Act.
 3             (3)  Any standard or other requirement under Section
 4        111 of the Clean Air Act, including Section 111(d).
 5             (4)  Any standard or other requirement under Section
 6        112  of  the  Clean  Air  Act,  including any requirement
 7        concerning accident prevention under Section 112(r)(7) of
 8        the Clean Air Act.
 9             (5)  Any standard or other requirement of  the  acid
10        rain  program  under Title IV of the Clean Air Act or the
11        regulations promulgated thereunder.
12             (6)  Any  requirements   established   pursuant   to
13        Section 504(b) or Section 114(a)(3) of the Clean Air Act.
14             (7)  Any  standard  or  other  requirement governing
15        solid waste incineration, under Section 129 of the  Clean
16        Air Act.
17             (8)  Any  standard or other requirement for consumer
18        and commercial products,  under  Section  183(e)  of  the
19        Clean Air Act.
20             (9)  Any  standard  or  other  requirement  for tank
21        vessels, under Section 183(f) of the Clean Air Act.
22             (10)  Any  standard  or  other  requirement  of  the
23        program to control air pollution from  Outer  Continental
24        Shelf sources, under Section 328 of the Clean Air Act.
25             (11)  Any  standard  or  other  requirement  of  the
26        regulations  promulgated  to  protect stratospheric ozone
27        under Title VI of the Clean Air  Act,  unless  USEPA  has
28        determined  that  such requirements need not be contained
29        in a Title V permit.
30             (12)  Any national ambient air quality  standard  or
31        increment or visibility requirement under Part C of Title
32        I  of  the  Clean  Air Act, but only as it would apply to
33        temporary sources permitted pursuant to Section 504(e) of
34        the Clean Air Act.
 
SB1903 Enrolled            -231-     LRB093 08682 RCE 08912 b
 1        "Applicable requirement" means all applicable  Clean  Air
 2    Act requirements and any other standard, limitation, or other
 3    requirement  contained in this Act or regulations promulgated
 4    under this Act as applicable to sources of  air  contaminants
 5    (including requirements that have future effective compliance
 6    dates).
 7        "CAAPP" means the Clean Air Act Permit Program, developed
 8    pursuant to Title V of the Clean Air Act.
 9        "CAAPP  application"  means  an  application  for a CAAPP
10    permit.
11        "CAAPP Permit" or "permit" (unless the  context  suggests
12    otherwise)   means   any  permit  issued,  renewed,  amended,
13    modified or revised pursuant to Title V of the Clean Air Act.
14        "CAAPP source" means any source for which  the  owner  or
15    operator  is  required  to  obtain a CAAPP permit pursuant to
16    subsection 2 of this Section.
17        "Clean Air Act" means the  Clean  Air  Act,  as  now  and
18    hereafter amended, 42 U.S.C. 7401, et seq.
19        "Designated  representative" shall have the meaning given
20    to it in Section  402(26)  of  the  Clean  Air  Act  and  the
21    regulations promulgated thereunder which states that the term
22    'designated  representative'  shall mean a responsible person
23    or official authorized by the owner or operator of a unit  to
24    represent  the owner or operator in all matters pertaining to
25    the holding, transfer, or disposition of allowances allocated
26    to a unit, and the submission of and compliance with permits,
27    permit applications, and compliance plans for the unit.
28        "Draft CAAPP permit" means the version of a CAAPP  permit
29    for which public notice and an opportunity for public comment
30    and hearing is offered by the Agency.
31        "Effective  date  of the CAAPP" means the date that USEPA
32    approves Illinois' CAAPP.
33        "Emission  unit"  means  any  part  or  activity   of   a
34    stationary source that emits or has the potential to emit any
 
SB1903 Enrolled            -232-     LRB093 08682 RCE 08912 b
 1    air pollutant.  This term is not meant to alter or affect the
 2    definition of the term "unit" for purposes of Title IV of the
 3    Clean Air Act.
 4        "Federally enforceable" means enforceable by USEPA.
 5        "Final  permit  action"  means the Agency's granting with
 6    conditions, refusal to grant, renewal of, or  revision  of  a
 7    CAAPP permit, the Agency's determination of incompleteness of
 8    a submitted CAAPP application, or the Agency's failure to act
 9    on  an  application  for  a permit, permit renewal, or permit
10    revision  within  the  time  specified  in  paragraph   5(j),
11    subsection 13, or subsection 14 of this Section.
12        "General  permit" means a permit issued to cover numerous
13    similar sources in accordance  with  subsection  11  of  this
14    Section.
15        "Major  source" means a source for which emissions of one
16    or more air pollutants meet the  criteria  for  major  status
17    pursuant to paragraph 2(c) of this Section.
18        "Maximum  achievable  control technology" or "MACT" means
19    the  maximum  degree  of  reductions  in   emissions   deemed
20    achievable under Section 112 of the Clean Air Act.
21        "Owner  or  operator"  means any person who owns, leases,
22    operates, controls, or supervises a stationary source.
23        "Permit modification" means a revision to a CAAPP  permit
24    that   cannot   be  accomplished  under  the  provisions  for
25    administrative permit amendments under subsection 13 of  this
26    Section.
27        "Permit   revision"   means   a  permit  modification  or
28    administrative permit amendment.
29        "Phase II" means the period of  the  national  acid  rain
30    program,  established  under  Title  IV of the Clean Air Act,
31    beginning January 1, 2000, and continuing thereafter.
32        "Phase II acid rain permit" means the portion of a  CAAPP
33    permit  issued,  renewed,  modified, or revised by the Agency
34    during Phase II for an affected source for acid deposition.
 
SB1903 Enrolled            -233-     LRB093 08682 RCE 08912 b
 1        "Potential to emit"  means  the  maximum  capacity  of  a
 2    stationary  source  to  emit  any  air  pollutant  under  its
 3    physical and operational design.  Any physical or operational
 4    limitation  on  the  capacity  of  a  source  to  emit an air
 5    pollutant, including  air  pollution  control  equipment  and
 6    restrictions  on  hours of operation or on the type or amount
 7    of material combusted, stored, or processed, shall be treated
 8    as part of its design if the  limitation  is  enforceable  by
 9    USEPA.   This  definition does not alter or affect the use of
10    this term for any other purposes under the Clean Air Act,  or
11    the  term  "capacity factor" as used in Title IV of the Clean
12    Air Act or the regulations promulgated thereunder.
13        "Preconstruction Permit" or "Construction Permit" means a
14    permit which  is  to  be  obtained  prior  to  commencing  or
15    beginning  actual construction or modification of a source or
16    emissions unit.
17        "Proposed CAAPP permit" means  the  version  of  a  CAAPP
18    permit  that  the  Agency  proposes  to issue and forwards to
19    USEPA for review in compliance with  applicable  requirements
20    of the Act and regulations promulgated thereunder.
21        "Regulated air pollutant" means the following:
22             (1)  Nitrogen  oxides  (NOx) or any volatile organic
23        compound.
24             (2)  Any pollutant for which a national ambient  air
25        quality standard has been promulgated.
26             (3)  Any  pollutant  that is subject to any standard
27        promulgated under Section 111 of the Clean Air Act.
28             (4)  Any Class  I  or  II  substance  subject  to  a
29        standard  promulgated under or established by Title VI of
30        the Clean Air Act.
31             (5)  Any pollutant subject to a standard promulgated
32        under Section 112 or other requirements established under
33        Section 112 of the  Clean  Air  Act,  including  Sections
34        112(g), (j) and (r).
 
SB1903 Enrolled            -234-     LRB093 08682 RCE 08912 b
 1                  (i)  Any   pollutant  subject  to  requirements
 2             under Section 112(j) of  the  Clean  Air  Act.   Any
 3             pollutant  listed under Section 112(b) for which the
 4             subject source would be major shall be considered to
 5             be regulated 18 months after the date on which USEPA
 6             was required to promulgate  an  applicable  standard
 7             pursuant  to Section 112(e) of the Clean Air Act, if
 8             USEPA fails to promulgate such standard.
 9                  (ii)  Any pollutant for which the  requirements
10             of  Section 112(g)(2) of the Clean Air Act have been
11             met, but only with respect to the individual  source
12             subject to Section 112(g)(2) requirement.
13        "Renewal" means the process by which a permit is reissued
14    at the end of its term.
15        "Responsible official" means one of the following:
16             (1)  For  a  corporation:  a  president,  secretary,
17        treasurer, or vice-president of the corporation in charge
18        of a principal business function, or any other person who
19        performs  similar policy or decision-making functions for
20        the corporation, or a duly authorized  representative  of
21        such  person if the representative is responsible for the
22        overall  operation  of   one   or   more   manufacturing,
23        production,  or  operating  facilities  applying  for  or
24        subject  to a permit and either (i) the facilities employ
25        more than 250 persons  or  have  gross  annual  sales  or
26        expenditures  exceeding  $25  million  (in second quarter
27        1980 dollars), or (ii) the  delegation  of  authority  to
28        such representative is approved in advance by the Agency.
29             (2)  For  a  partnership  or  sole proprietorship: a
30        general partner or the proprietor,  respectively,  or  in
31        the  case  of  a partnership in which all of the partners
32        are corporations, a duly authorized representative of the
33        partnership if the representative is responsible for  the
34        overall   operation   of   one   or  more  manufacturing,
 
SB1903 Enrolled            -235-     LRB093 08682 RCE 08912 b
 1        production,  or  operating  facilities  applying  for  or
 2        subject to a permit and either (i) the facilities  employ
 3        more  than  250  persons  or  have  gross annual sales or
 4        expenditures exceeding $25  million  (in  second  quarter
 5        1980  dollars),  or  (ii)  the delegation of authority to
 6        such representative is approved in advance by the Agency.
 7             (3)  For a municipality, State,  Federal,  or  other
 8        public  agency:  either  a principal executive officer or
 9        ranking elected official.  For the purposes of this part,
10        a  principal  executive  officer  of  a  Federal   agency
11        includes    the    chief    executive    officer   having
12        responsibility for the overall operations of a  principal
13        geographic   unit   of   the  agency  (e.g.,  a  Regional
14        Administrator of USEPA).
15             (4)  For affected sources for acid deposition:
16                  (i)  The designated representative shall be the
17             "responsible  official"  in  so  far   as   actions,
18             standards, requirements, or prohibitions under Title
19             IV   of   the  Clean  Air  Act  or  the  regulations
20             promulgated thereunder are concerned.
21                  (ii)  The designated representative may also be
22             the "responsible official" for  any  other  purposes
23             with respect to air pollution control.
24        "Section   502(b)(10)   changes"   means   changes   that
25    contravene express permit terms. "Section 502(b)(10) changes"
26    do   not   include  changes  that  would  violate  applicable
27    requirements or contravene federally enforceable permit terms
28    or conditions that are monitoring (including  test  methods),
29    recordkeeping,   reporting,   or   compliance   certification
30    requirements.
31        "Solid   waste   incineration   unit"  means  a  distinct
32    operating unit of any facility which combusts any solid waste
33    material from commercial or industrial establishments or  the
34    general  public  (including  single  and multiple residences,
 
SB1903 Enrolled            -236-     LRB093 08682 RCE 08912 b
 1    hotels, and motels).  The term does not include  incinerators
 2    or  other  units required to have a permit under Section 3005
 3    of the Solid Waste Disposal Act.   The  term  also  does  not
 4    include  (A) materials recovery facilities (including primary
 5    or secondary smelters) which combust waste  for  the  primary
 6    purpose  of  recovering  metals,  (B)  qualifying small power
 7    production facilities, as defined in Section 3(17)(C) of  the
 8    Federal  Power  Act  (16  U.S.C.  769(17)(C)),  or qualifying
 9    cogeneration facilities, as defined in  Section  3(18)(B)  of
10    the  Federal  Power  Act  (16  U.S.C. 796(18)(B)), which burn
11    homogeneous waste (such as units which  burn  tires  or  used
12    oil,   but   not   including  refuse-derived  fuel)  for  the
13    production of electric energy or in the  case  of  qualifying
14    cogeneration  facilities which burn homogeneous waste for the
15    production of electric energy and steam or  forms  of  useful
16    energy   (such  as  heat)  which  are  used  for  industrial,
17    commercial, heating or cooling purposes, or (C)  air  curtain
18    incinerators  provided  that such incinerators only burn wood
19    wastes, yard waste and clean lumber and that such air curtain
20    incinerators  comply   with   opacity   limitations   to   be
21    established by the USEPA by rule.
22        "Source"  means  any  stationary  source (or any group of
23    stationary  sources)  that  are  located  on  one   or   more
24    contiguous  or  adjacent  properties  that  are  under common
25    control of the same person (or persons under common  control)
26    and  that belongs to a single major industrial grouping.  For
27    the purposes of defining "source,"  a  stationary  source  or
28    group  of  stationary  sources  shall be considered part of a
29    single major industrial grouping  if  all  of  the  pollutant
30    emitting  activities  at  such  source  or  group  of sources
31    located on contiguous or adjacent properties and under common
32    control belong to the same Major Group (i.e.,  all  have  the
33    same  two-digit code) as described in the Standard Industrial
34    Classification  Manual,  1987,  or  such  pollutant  emitting
 
SB1903 Enrolled            -237-     LRB093 08682 RCE 08912 b
 1    activities at a stationary source  (or  group  of  stationary
 2    sources)  located  on  contiguous  or adjacent properties and
 3    under common control  constitute  a  support  facility.   The
 4    determination  as  to whether any group of stationary sources
 5    are located on contiguous or adjacent properties, and/or  are
 6    under  common  control, and/or whether the pollutant emitting
 7    activities at such group of stationary sources  constitute  a
 8    support facility shall be made on a case by case basis.
 9        "Stationary   source"   means  any  building,  structure,
10    facility,  or  installation  that  emits  or  may  emit   any
11    regulated air pollutant or any pollutant listed under Section
12    112(b) of the Clean Air Act.
13        "Support  facility" means any stationary source (or group
14    of stationary sources) that  conveys,  stores,  or  otherwise
15    assists  to  a  significant  extent  in  the  production of a
16    principal product at another stationary source (or  group  of
17    stationary  sources).  A support facility shall be considered
18    to be part of the same source as the  stationary  source  (or
19    group  of  stationary sources) that it supports regardless of
20    the 2-digit Standard Industrial Classification code  for  the
21    support facility.
22        "USEPA"  means  the  Administrator  of  the United States
23    Environmental  Protection  Agency   (USEPA)   or   a   person
24    designated by the Administrator.

25        1.1.  Exclusion From the CAAPP.
26             a.  An   owner   or   operator  of  a  source  which
27        determines that the source could  be  excluded  from  the
28        CAAPP  may seek such exclusion prior to the date that the
29        CAAPP application for the source is due but  in  no  case
30        later than 9 months after the effective date of the CAAPP
31        through   the   imposition   of   federally   enforceable
32        conditions limiting the "potential to emit" of the source
33        to  a  level  below  the  major source threshold for that
34        source as described in paragraph 2(c)  of  this  Section,
 
SB1903 Enrolled            -238-     LRB093 08682 RCE 08912 b
 1        within  a  State  operating  permit  issued  pursuant  to
 2        Section  39(a) of this Act. After such date, an exclusion
 3        from the CAAPP may be sought under paragraph 3(c) of this
 4        Section.
 5             b.  An  owner  or  operator  of  a  source   seeking
 6        exclusion  from  the  CAAPP  pursuant to paragraph (a) of
 7        this  subsection  must  submit   a   permit   application
 8        consistent  with  the existing State permit program which
 9        specifically  requests   such   exclusion   through   the
10        imposition of such federally enforceable conditions.
11             c.  Upon such request, if the Agency determines that
12        the   owner   or   operator  of  a  source  has  met  the
13        requirements for exclusion pursuant to paragraph  (a)  of
14        this  subsection  and  other  applicable requirements for
15        permit issuance under Section  39(a)  of  this  Act,  the
16        Agency  shall  issue  a  State  operating permit for such
17        source under Section 39(a) of this Act, as  amended,  and
18        regulations   promulgated   thereunder   with   federally
19        enforceable  conditions  limiting the "potential to emit"
20        of the source to a level below the major source threshold
21        for that source as described in paragraph  2(c)  of  this
22        Section.
23             d.  The Agency shall provide an owner or operator of
24        a source which may be excluded from the CAAPP pursuant to
25        this  subsection with reasonable notice that the owner or
26        operator may seek such exclusion.
27             e.  The Agency shall provide such sources  with  the
28        necessary permit application forms.

29        2.  Applicability.
30             a.  Sources subject to this Section shall include:
31                  i.  Any  major  source  as defined in paragraph
32             (c) of this subsection.
33                  ii.  Any source subject to a standard or  other
34             requirements  promulgated  under  Section  111  (New
 
SB1903 Enrolled            -239-     LRB093 08682 RCE 08912 b
 1             Source   Performance   Standards)   or  Section  112
 2             (Hazardous Air Pollutants) of  the  Clean  Air  Act,
 3             except  that  a  source  is not required to obtain a
 4             permit solely because it is subject  to  regulations
 5             or  requirements  under  Section 112(r) of the Clean
 6             Air Act.
 7                  iii.  Any affected source for acid  deposition,
 8             as defined in subsection 1 of this Section.
 9                  iv.  Any  other  source subject to this Section
10             under the Clean Air Act or  regulations  promulgated
11             thereunder, or applicable Board regulations.
12             b.  Sources   exempted   from   this  Section  shall
13        include:
14                  i.  All sources listed in paragraph (a) of this
15             subsection which are  not  major  sources,  affected
16             sources   for   acid   deposition   or  solid  waste
17             incineration  units  required  to  obtain  a  permit
18             pursuant to Section 129(e) of  the  Clean  Air  Act,
19             until  the  source  is  required  to  obtain a CAAPP
20             permit pursuant to the Clean Air Act or  regulations
21             promulgated thereunder.
22                  ii.  Nonmajor  sources subject to a standard or
23             other requirements subsequently promulgated by USEPA
24             under Section 111 or 112 of the Clean Air Act  which
25             are  determined  by USEPA to be exempt at the time a
26             new standard is promulgated.
27                  iii.  All sources and  source  categories  that
28             would  be required to obtain a permit solely because
29             they are subject to Part 60, Subpart AAA - Standards
30             of Performance for New Residential Wood Heaters  (40
31             CFR Part 60).
32                  iv.  All  sources  and  source  categories that
33             would be required to obtain a permit solely  because
34             they  are  subject  to Part 61, Subpart M - National
 
SB1903 Enrolled            -240-     LRB093 08682 RCE 08912 b
 1             Emission Standard for Hazardous Air  Pollutants  for
 2             Asbestos, Section 61.145 (40 CFR Part 61).
 3                  v.  Any  other  source  categories  exempted by
 4             USEPA regulations pursuant to Section 502(a) of  the
 5             Clean Air Act.
 6             c.  For  purposes  of  this  Section the term "major
 7        source" means any source that is:
 8                  i.  A major source under  Section  112  of  the
 9             Clean Air Act, which is defined as:
10                       A.  For      pollutants     other     than
11                  radionuclides, any stationary source  or  group
12                  of   stationary   sources   located   within  a
13                  contiguous area and under common  control  that
14                  emits  or  has  the  potential  to emit, in the
15                  aggregate, 10 tons per year (tpy)  or  more  of
16                  any  hazardous  air  pollutant  which  has been
17                  listed pursuant to Section 112(b) of the  Clean
18                  Air  Act,  25 tpy or more of any combination of
19                  such hazardous air pollutants, or  such  lesser
20                  quantity   as  USEPA  may  establish  by  rule.
21                  Notwithstanding   the    preceding    sentence,
22                  emissions  from  any  oil or gas exploration or
23                  production well (with its associated equipment)
24                  and emissions from any pipeline  compressor  or
25                  pump  station  shall  not  be  aggregated  with
26                  emissions  from other similar units, whether or
27                  not such units are  in  a  contiguous  area  or
28                  under common control, to determine whether such
29                  stations are major sources.
30                       B.  For   radionuclides,   "major  source"
31                  shall have the meaning specified by  the  USEPA
32                  by rule.
33                  ii.  A   major   stationary   source   of   air
34             pollutants,  as  defined in Section 302 of the Clean
 
SB1903 Enrolled            -241-     LRB093 08682 RCE 08912 b
 1             Air Act, that directly emits or has the potential to
 2             emit,  100  tpy  or  more  of  any   air   pollutant
 3             (including any major source of fugitive emissions of
 4             any such pollutant, as determined by rule by USEPA).
 5             For   purposes   of   this   subsection,   "fugitive
 6             emissions"  means  those  emissions  which could not
 7             reasonably pass through a stack, chimney,  vent,  or
 8             other functionally-equivalent opening.  The fugitive
 9             emissions  of  a  stationary  source  shall  not  be
10             considered  in  determining  whether  it  is a major
11             stationary source for the purposes of Section 302(j)
12             of the Clean Air Act, unless the source  belongs  to
13             one   of  the  following  categories  of  stationary
14             source:
15                       A.  Coal  cleaning  plants  (with  thermal
16                  dryers).
17                       B.  Kraft pulp mills.
18                       C.  Portland cement plants.
19                       D.  Primary zinc smelters.
20                       E.  Iron and steel mills.
21                       F.  Primary aluminum ore reduction plants.
22                       G.  Primary copper smelters.
23                       H.  Municipal  incinerators   capable   of
24                  charging more than 250 tons of refuse per day.
25                       I.  Hydrofluoric, sulfuric, or nitric acid
26                  plants.
27                       J.  Petroleum refineries.
28                       K.  Lime plants.
29                       L.  Phosphate rock processing plants.
30                       M.  Coke oven batteries.
31                       N.  Sulfur recovery plants.
32                       O.  Carbon black plants (furnace process).
33                       P.  Primary lead smelters.
34                       Q.  Fuel conversion plants.
 
SB1903 Enrolled            -242-     LRB093 08682 RCE 08912 b
 1                       R.  Sintering plants.
 2                       S.  Secondary metal production plants.
 3                       T.  Chemical process plants.
 4                       U.  Fossil-fuel  boilers  (or  combination
 5                  thereof) totaling more than 250 million British
 6                  thermal units per hour heat input.
 7                       V.  Petroleum  storage  and transfer units
 8                  with a total storage capacity exceeding 300,000
 9                  barrels.
10                       W.  Taconite ore processing plants.
11                       X.  Glass fiber processing plants.
12                       Y.  Charcoal production plants.
13                       Z.  Fossil   fuel-fired   steam   electric
14                  plants of more than 250 million British thermal
15                  units per hour heat input.
16                       AA.  All    other    stationary     source
17                  categories  regulated by a standard promulgated
18                  under Section 111 or 112 of the Clean Air  Act,
19                  but  only  with respect to those air pollutants
20                  that have been regulated for that category.
21                       BB.  Any other stationary source  category
22                  designated by USEPA by rule.
23                  iii.  A  major  stationary source as defined in
24             part D of Title I of the Clean Air Act including:
25                       A.  For ozone nonattainment areas, sources
26                  with the potential to emit 100 tons or more per
27                  year of volatile organic compounds or oxides of
28                  nitrogen in areas classified as  "marginal"  or
29                  "moderate",  50  tons or more per year in areas
30                  classified as "serious", 25 tons  or  more  per
31                  year  in  areas  classified as "severe", and 10
32                  tons or more per year in  areas  classified  as
33                  "extreme";  except  that the references in this
34                  clause to 100, 50, 25, and 10 tons per year  of
 
SB1903 Enrolled            -243-     LRB093 08682 RCE 08912 b
 1                  nitrogen oxides shall not apply with respect to
 2                  any  source for which USEPA has made a finding,
 3                  under Section 182(f)(1) or (2) of the Clean Air
 4                  Act, that requirements otherwise applicable  to
 5                  such  source  under Section 182(f) of the Clean
 6                  Air Act  do  not  apply.   Such  sources  shall
 7                  remain  subject to the major source criteria of
 8                  paragraph 2(c)(ii) of this subsection.
 9                       B.  For    ozone     transport     regions
10                  established  pursuant  to  Section  184  of the
11                  Clean Air Act, sources with  the  potential  to
12                  emit  50  tons  or  more  per  year of volatile
13                  organic compounds (VOCs).
14                       C.  For  carbon   monoxide   nonattainment
15                  areas (1) that are classified as "serious", and
16                  (2)  in  which  stationary  sources  contribute
17                  significantly  to  carbon  monoxide  levels  as
18                  determined under rules issued by USEPA, sources
19                  with  the potential to emit 50 tons or more per
20                  year of carbon monoxide.
21                       D.  For   particulate    matter    (PM-10)
22                  nonattainment  areas  classified  as "serious",
23                  sources with the potential to emit 70  tons  or
24                  more per year of PM-10.

25        3.  Agency Authority To Issue CAAPP Permits and Federally
26    Enforceable State Operating Permits.
27             a.  The  Agency shall issue CAAPP permits under this
28        Section consistent with the Clean Air Act and regulations
29        promulgated  thereunder  and  this  Act  and  regulations
30        promulgated thereunder.
31             b.  The Agency shall issue CAAPP permits  for  fixed
32        terms  of  5 years, except CAAPP permits issued for solid
33        waste incineration units combusting municipal waste which
34        shall be issued for fixed terms of 12  years  and  except
 
SB1903 Enrolled            -244-     LRB093 08682 RCE 08912 b
 1        CAAPP  permits  for  affected sources for acid deposition
 2        which shall be issued for  initial  terms  to  expire  on
 3        December  31,  1999,  and  for  fixed  terms  of  5 years
 4        thereafter.
 5             c.  The Agency shall have the authority to  issue  a
 6        State  operating  permit for a source under Section 39(a)
 7        of this Act,  as  amended,  and  regulations  promulgated
 8        thereunder,    which   includes   federally   enforceable
 9        conditions limiting the "potential to emit" of the source
10        to a level below the  major  source  threshold  for  that
11        source  as  described  in paragraph 2(c) of this Section,
12        thereby  excluding  the  source  from  the  CAAPP,   when
13        requested  by the applicant pursuant to paragraph 5(u) of
14        this Section.  The public  notice  requirements  of  this
15        Section  applicable  to CAAPP permits shall also apply to
16        the initial issuance of permits under this paragraph.
17             d.  For purposes of this Act,  a  permit  issued  by
18        USEPA  under Section 505 of the Clean Air Act, as now and
19        hereafter amended, shall be deemed to be a permit  issued
20        by the Agency pursuant to Section 39.5 of this Act.

21        4.  Transition.
22             a.  An owner or operator of a CAAPP source shall not
23        be  required  to renew an existing State operating permit
24        for any emission unit at such CAAPP source once  a  CAAPP
25        application  timely  submitted prior to expiration of the
26        State operating permit  has  been  deemed  complete.  For
27        purposes  other  than permit renewal, the obligation upon
28        the owner or operator of a CAAPP source to obtain a State
29        operating permit is not removed  upon  submittal  of  the
30        complete  CAAPP permit application.  An owner or operator
31        of a CAAPP source seeking to make  a  modification  to  a
32        source prior to the issuance of its CAAPP permit shall be
33        required to obtain a construction and/or operating permit
34        as  required for such modification in accordance with the
 
SB1903 Enrolled            -245-     LRB093 08682 RCE 08912 b
 1        State permit program under Section 39(a) of this Act,  as
 2        amended,  and  regulations  promulgated  thereunder.  The
 3        application for such construction and/or operating permit
 4        shall be considered an amendment to the CAAPP application
 5        submitted for such source.
 6             b.  An owner or operator of  a  CAAPP  source  shall
 7        continue  to  operate  in  accordance  with the terms and
 8        conditions  of  its  applicable  State  operating  permit
 9        notwithstanding the expiration  of  the  State  operating
10        permit until the source's CAAPP permit has been issued.
11             c.  An  owner  or  operator  of a CAAPP source shall
12        submit its initial CAAPP application  to  the  Agency  no
13        later  than  12  months  after  the effective date of the
14        CAAPP.  The Agency may request submittal of initial CAAPP
15        applications during this 12 month period according  to  a
16        schedule  set forth within Agency procedures, however, in
17        no event shall the Agency require such submittal  earlier
18        than 3 months after such effective date of the CAAPP.  An
19        owner  or  operator  may  voluntarily  submit its initial
20        CAAPP application prior to the date required within  this
21        paragraph or applicable procedures, if any, subsequent to
22        the  date  the  Agency  submits  the  CAAPP  to USEPA for
23        approval.
24             d.  The  Agency   shall   act   on   initial   CAAPP
25        applications  in  accordance with subsection 5(j) of this
26        Section.
27             e.  For purposes of this Section, the term  "initial
28        CAAPP application" shall mean the first CAAPP application
29        submitted  for a source existing as of the effective date
30        of the CAAPP.
31             f.  The Agency shall provide owners or operators  of
32        CAAPP  sources  with at least three months advance notice
33        of the date on which their applications are  required  to
34        be  submitted.   In  determining  which  sources shall be
 
SB1903 Enrolled            -246-     LRB093 08682 RCE 08912 b
 1        subject to early  submittal,  the  Agency  shall  include
 2        among  its  considerations  the  complexity of the permit
 3        application, and the burden  that  such  early  submittal
 4        will have on the source.
 5             g.  The  CAAPP  permit shall upon becoming effective
 6        supersede the State operating permit.
 7             h.  The Agency shall have  the  authority  to  adopt
 8        procedural   rules,   in  accordance  with  the  Illinois
 9        Administrative  Procedure  Act,  as  the   Agency   deems
10        necessary, to implement this subsection.

11        5.  Applications and Completeness.
12             a.  An  owner  or  operator  of a CAAPP source shall
13        submit its complete CAAPP application consistent with the
14        Act and applicable regulations.
15             b.  An owner or operator of  a  CAAPP  source  shall
16        submit  a  single complete CAAPP application covering all
17        emission units at that source.
18             c.  To be deemed complete, a CAAPP application  must
19        provide   all   information,   as   requested  in  Agency
20        application forms, sufficient  to  evaluate  the  subject
21        source   and   its   application  and  to  determine  all
22        applicable requirements, pursuant to the Clean  Air  Act,
23        and  regulations  thereunder,  this  Act  and regulations
24        thereunder.   Such  Agency  application  forms  shall  be
25        finalized and made available prior to the date  on  which
26        any CAAPP application is required.
27             d.  An  owner  or  operator  of a CAAPP source shall
28        submit, as part of  its  complete  CAAPP  application,  a
29        compliance  plan,  including  a  schedule  of compliance,
30        describing how each emission unit will  comply  with  all
31        applicable requirements.  Any such schedule of compliance
32        shall   be   supplemental  to,  and  shall  not  sanction
33        noncompliance with, the applicable requirements on  which
34        it is based.
 
SB1903 Enrolled            -247-     LRB093 08682 RCE 08912 b
 1             e.  Each   submitted   CAAPP  application  shall  be
 2        certified for truth,  accuracy,  and  completeness  by  a
 3        responsible   official   in  accordance  with  applicable
 4        regulations.
 5             f.  The Agency  shall  provide  notice  to  a  CAAPP
 6        applicant  as to whether a submitted CAAPP application is
 7        complete.  Unless the Agency notifies  the  applicant  of
 8        incompleteness,  within  60  days of receipt of the CAAPP
 9        application, the application shall  be  deemed  complete.
10        The  Agency  may request additional information as needed
11        to make the completeness determination.  The  Agency  may
12        to  the  extent  practicable provide the applicant with a
13        reasonable opportunity to correct deficiencies prior to a
14        final determination of completeness.
15             g.  If after the determination of  completeness  the
16        Agency  finds that additional information is necessary to
17        evaluate or take final action on the  CAAPP  application,
18        the  Agency  may request in writing such information from
19        the source with a reasonable deadline for response.
20             h.  If the owner  or  operator  of  a  CAAPP  source
21        submits  a  timely  and  complete  CAAPP application, the
22        source's failure to have a CAAPP permit shall  not  be  a
23        violation  of  this  Section until the Agency takes final
24        action on  the  submitted  CAAPP  application,  provided,
25        however,   where   the  applicant  fails  to  submit  the
26        requested information under  paragraph  5(g)  within  the
27        time frame specified by the Agency, this protection shall
28        cease to apply.
29             i.  Any  applicant  who fails to submit any relevant
30        facts necessary to evaluate the subject  source  and  its
31        CAAPP   application   or   who  has  submitted  incorrect
32        information in a CAAPP application shall,  upon  becoming
33        aware  of  such  failure  or  incorrect submittal, submit
34        supplementary facts or correct information to the Agency.
 
SB1903 Enrolled            -248-     LRB093 08682 RCE 08912 b
 1        In addition, an applicant shall  provide  to  the  Agency
 2        additional   information  as  necessary  to  address  any
 3        requirements  which  become  applicable  to  the   source
 4        subsequent  to  the  date  the  applicant  submitted  its
 5        complete  CAAPP  application  but prior to release of the
 6        draft CAAPP permit.
 7             j.  The Agency shall issue or deny the CAAPP  permit
 8        within  18  months  after  the  date  of  receipt  of the
 9        complete   CAAPP   application,   with   the    following
10        exceptions:   (i)  permits  for affected sources for acid
11        deposition shall be issued  or  denied  within  6  months
12        after  receipt  of  a  complete application in accordance
13        with subsection 17 of this Section; (ii) the Agency shall
14        act on initial CAAPP applications within 24 months  after
15        the  date  of  receipt of the complete CAAPP application;
16        (iii) the  Agency  shall  act  on  complete  applications
17        containing  early  reduction demonstrations under Section
18        112(i)(5) of the Clean Air Act within 9 months of receipt
19        of the complete CAAPP application.
20             Where the Agency does not take final action  on  the
21        permit  within the required time period, the permit shall
22        not be deemed issued; rather, the failure to act shall be
23        treated as a final permit action for purposes of judicial
24        review pursuant to Sections 40.2 and 41 of this Act.
25             k.  The submittal of a  complete  CAAPP  application
26        shall  not  affect the requirement that any source have a
27        preconstruction permit under Title I  of  the  Clean  Air
28        Act.
29             l.  Unless a timely and complete renewal application
30        has  been  submitted  consistent  with this subsection, a
31        CAAPP source operating upon the expiration of  its  CAAPP
32        permit  shall  be  deemed to be operating without a CAAPP
33        permit.  Such operation is prohibited under this Act.
34             m.  Permits being renewed shall be  subject  to  the
 
SB1903 Enrolled            -249-     LRB093 08682 RCE 08912 b
 1        same  procedural requirements, including those for public
 2        participation and  federal  review  and  objection,  that
 3        apply to original permit issuance.
 4             n.  For   purposes   of  permit  renewal,  a  timely
 5        application is one that  is  submitted  no  less  than  9
 6        months prior to the date of permit expiration.
 7             o.  The terms and conditions of a CAAPP permit shall
 8        remain  in  effect  until the issuance of a CAAPP renewal
 9        permit provided a timely and complete  CAAPP  application
10        has been submitted.
11             p.  The  owner or operator of a CAAPP source seeking
12        a permit  shield  pursuant  to  paragraph  7(j)  of  this
13        Section  shall  request  such  permit shield in the CAAPP
14        application regarding that source.
15             q.  The Agency shall make available  to  the  public
16        all  documents  submitted by the applicant to the Agency,
17        including  each  CAAPP   application,   compliance   plan
18        (including  the schedule of compliance), and emissions or
19        compliance  monitoring  report,  with  the  exception  of
20        information entitled to confidential  treatment  pursuant
21        to Section 7 of this Act.
22             r.  The  Agency  shall  use  the  standardized forms
23        required  under  Title  IV  of  the  Clean  Air  Act  and
24        regulations promulgated thereunder for  affected  sources
25        for acid deposition.
26             s.  An  owner  or  operator  of  a  CAAPP source may
27        include  within  its  CAAPP  application  a  request  for
28        permission to operate during a startup,  malfunction,  or
29        breakdown consistent with applicable Board regulations.
30             t.  An owner or operator of a CAAPP source, in order
31        to  utilize  the  operational  flexibility provided under
32        paragraph 7(l) of this Section, must request such use and
33        provide  the  necessary  information  within  its   CAAPP
34        application.
 
SB1903 Enrolled            -250-     LRB093 08682 RCE 08912 b
 1             u.  An  owner  or  operator  of a CAAPP source which
 2        seeks exclusion from the CAAPP through the imposition  of
 3        federally  enforceable  conditions, pursuant to paragraph
 4        3(c) of this Section, must request such exclusion  within
 5        a   CAAPP  application  submitted  consistent  with  this
 6        subsection  on  or  after  the  date   that   the   CAAPP
 7        application  for  the  source is due. Prior to such date,
 8        but in no case later than 9 months  after  the  effective
 9        date of the CAAPP, such owner or operator may request the
10        imposition  of  federally enforceable conditions pursuant
11        to paragraph 1.1(b) of this Section.
12             v.  CAAPP  applications   shall   contain   accurate
13        information  on  allowable emissions to implement the fee
14        provisions of subsection 18 of this Section.
15             w.  An owner or operator of  a  CAAPP  source  shall
16        submit within its CAAPP application emissions information
17        regarding  all  regulated  air pollutants emitted at that
18        source  consistent  with  applicable  Agency  procedures.
19        Emissions information regarding insignificant  activities
20        or  emission levels, as determined by the Agency pursuant
21        to Board regulations, may be submitted as a  list  within
22        the   CAAPP   application.   The   Agency  shall  propose
23        regulations   to   the   Board   defining   insignificant
24        activities or emission levels,  consistent  with  federal
25        regulations,  if  any,  no later than 18 months after the
26        effective date of this amendatory Act of 1992, consistent
27        with Section 112(n)(1) of the Clean Air Act.   The  Board
28        shall  adopt  final  regulations  defining  insignificant
29        activities  or  emission  levels  no  later than 9 months
30        after the date of the Agency's proposal.
31             x.  The owner or operator  of  a  new  CAAPP  source
32        shall  submit  its  complete CAAPP application consistent
33        with this subsection within 12  months  after  commencing
34        operation  of  such  source.  The owner or operator of an
 
SB1903 Enrolled            -251-     LRB093 08682 RCE 08912 b
 1        existing  source  that  has  been   excluded   from   the
 2        provisions  of  this  Section  under  subsection  1.1  or
 3        subsection  3(c) of this Section and that becomes subject
 4        to the CAAPP solely due to a change in operation  at  the
 5        source   shall  submit  its  complete  CAAPP  application
 6        consistent with this subsection at least 180 days  before
 7        commencing  operation  in  accordance  with the change in
 8        operation.
 9             y.  The Agency shall have  the  authority  to  adopt
10        procedural   rules,   in  accordance  with  the  Illinois
11        Administrative  Procedure  Act,  as  the   Agency   deems
12        necessary to implement this subsection.

13        6.  Prohibitions.
14             a.  It  shall  be unlawful for any person to violate
15        any terms or conditions of a  permit  issued  under  this
16        Section, to operate any CAAPP source except in compliance
17        with  a permit issued by the Agency under this Section or
18        to violate any other applicable requirements.  All  terms
19        and  conditions of a permit issued under this Section are
20        enforceable by USEPA and citizens  under  the  Clean  Air
21        Act,   except   those,  if  any,  that  are  specifically
22        designated as not  being  federally  enforceable  in  the
23        permit pursuant to paragraph 7(m) of this Section.
24             b.  After  the  applicable  CAAPP  permit or renewal
25        application submittal date, as specified in subsection  5
26        of  this  Section, no person shall operate a CAAPP source
27        without a CAAPP permit unless the complete  CAAPP  permit
28        or  renewal  application  for such source has been timely
29        submitted to the Agency.
30             c.  No owner or operator of  a  CAAPP  source  shall
31        cause  or threaten or allow the continued operation of an
32        emission source during malfunction or  breakdown  of  the
33        emission   source   or   related  air  pollution  control
34        equipment if such operation would cause  a  violation  of
 
SB1903 Enrolled            -252-     LRB093 08682 RCE 08912 b
 1        the  standards  or  limitations applicable to the source,
 2        unless the CAAPP permit granted to  the  source  provides
 3        for   such   operation   consistent  with  this  Act  and
 4        applicable Board regulations.

 5        7.  Permit Content.
 6             a.  All  CAAPP  permits   shall   contain   emission
 7        limitations and standards and other enforceable terms and
 8        conditions,  including  but  not  limited  to operational
 9        requirements, and schedules for achieving  compliance  at
10        the  earliest  reasonable  date,  which  are  or  will be
11        required to accomplish the  purposes  and  provisions  of
12        this  Act  and  to  assure compliance with all applicable
13        requirements.
14             b.  The Agency shall include among  such  conditions
15        applicable  monitoring,  reporting,  record  keeping  and
16        compliance  certification  requirements, as authorized by
17        paragraphs d, e, and  f  of  this  subsection,  that  the
18        Agency  deems  necessary  to  assure  compliance with the
19        Clean Air Act, the  regulations  promulgated  thereunder,
20        this   Act,   and  applicable  Board  regulations.   When
21        monitoring, reporting,  record  keeping,  and  compliance
22        certification requirements are specified within the Clean
23        Air Act, regulations promulgated thereunder, this Act, or
24        applicable   regulations,   such  requirements  shall  be
25        included within the CAAPP permit.  The Board  shall  have
26        authority  to  promulgate  additional  regulations  where
27        necessary  to  accomplish  the  purposes of the Clean Air
28        Act, this Act, and regulations promulgated thereunder.
29             c.  The Agency shall assure, within such conditions,
30        the use of terms, test methods, units, averaging periods,
31        and other statistical  conventions  consistent  with  the
32        applicable  emission  limitations,  standards,  and other
33        requirements contained in the permit.
34             d.  To meet the requirements of this subsection with
 
SB1903 Enrolled            -253-     LRB093 08682 RCE 08912 b
 1        respect to monitoring, the permit shall:
 2                  i.  Incorporate  and  identify  all  applicable
 3             emissions monitoring and analysis procedures or test
 4             methods  required   under   the   Clean   Air   Act,
 5             regulations  promulgated  thereunder,  this Act, and
 6             applicable   Board   regulations,   including    any
 7             procedures and methods promulgated by USEPA pursuant
 8             to Section 504(b) or Section 114 (a)(3) of the Clean
 9             Air Act.
10                  ii.  Where  the applicable requirement does not
11             require  periodic   testing   or   instrumental   or
12             noninstrumental  monitoring  (which  may  consist of
13             recordkeeping  designed  to  serve  as  monitoring),
14             require  periodic  monitoring  sufficient  to  yield
15             reliable data from the relevant time period that  is
16             representative  of  the source's compliance with the
17             permit, as reported pursuant  to  paragraph  (f)  of
18             this  subsection.  The  Agency  may  determine  that
19             recordkeeping  requirements  are  sufficient to meet
20             the requirements of this subparagraph.
21                  iii.  As   necessary,   specify    requirements
22             concerning    the   use,   maintenance,   and   when
23             appropriate, installation of monitoring equipment or
24             methods.
25             e.  To meet the requirements of this subsection with
26        respect to record keeping, the permit  shall  incorporate
27        and  identify  all  applicable recordkeeping requirements
28        and require, where applicable, the following:
29                  i.  Records of required monitoring  information
30             that include the following:
31                       A.  The  date,  place and time of sampling
32                  or measurements.
33                       B.  The date(s) analyses were performed.
34                       C.  The company or entity  that  performed
 
SB1903 Enrolled            -254-     LRB093 08682 RCE 08912 b
 1                  the analyses.
 2                       D.  The  analytical  techniques or methods
 3                  used.
 4                       E.  The results of such analyses.
 5                       F.  The operating conditions  as  existing
 6                  at the time of sampling or measurement.
 7                  ii.    Retention  of  records of all monitoring
 8             data and support information  for  a  period  of  at
 9             least  5  years  from  the  date  of  the monitoring
10             sample,   measurement,   report,   or   application.
11             Support information  includes  all  calibration  and
12             maintenance records, original strip-chart recordings
13             for   continuous   monitoring  instrumentation,  and
14             copies of all reports required by the permit.
15             f.  To meet the requirements of this subsection with
16        respect to reporting, the permit  shall  incorporate  and
17        identify   all   applicable  reporting  requirements  and
18        require the following:
19                  i.  Submittal  of  reports  of   any   required
20             monitoring every 6 months.  More frequent submittals
21             may  be  requested  by the Agency if such submittals
22             are necessary to assure compliance with this Act  or
23             regulations  promulgated  by  the  Board thereunder.
24             All instances of deviations from permit requirements
25             must be clearly identified  in  such  reports.   All
26             required  reports must be certified by a responsible
27             official  consistent  with  subsection  5  of   this
28             Section.
29                  ii.  Prompt reporting of deviations from permit
30             requirements,  including those attributable to upset
31             conditions as defined in the  permit,  the  probable
32             cause of such deviations, and any corrective actions
33             or preventive measures taken.
34             g.  Each  CAAPP permit issued under subsection 10 of
 
SB1903 Enrolled            -255-     LRB093 08682 RCE 08912 b
 1        this  Section  shall  include  a  condition   prohibiting
 2        emissions   exceeding  any  allowances  that  the  source
 3        lawfully holds under Title IV of the Clean Air Act or the
 4        regulations  promulgated  thereunder,   consistent   with
 5        subsection 17 of this Section and applicable regulations,
 6        if any.
 7             h.  All   CAAPP  permits  shall  state  that,  where
 8        another applicable requirement of the Clean  Air  Act  is
 9        more   stringent   than  any  applicable  requirement  of
10        regulations promulgated under Title IV of the  Clean  Air
11        Act,  both  provisions  shall  be  incorporated  into the
12        permit and shall be State and federally enforceable.
13             i.  Each CAAPP permit issued under subsection 10  of
14        this  Section  shall  include  a  severability  clause to
15        ensure the  continued  validity  of  the  various  permit
16        requirements  in the event of a challenge to any portions
17        of the permit.
18             j.  The following shall apply with respect to owners
19        or operators requesting a permit shield:
20                  i.  The Agency shall include in a CAAPP permit,
21             when requested by an applicant pursuant to paragraph
22             5(p) of  this  Section,  a  provision  stating  that
23             compliance  with  the conditions of the permit shall
24             be deemed compliance  with  applicable  requirements
25             which  are  applicable  as of the date of release of
26             the proposed permit, provided that:
27                       A.  The    applicable    requirement    is
28                  specifically identified within the permit; or
29                       B.  The Agency  in  acting  on  the  CAAPP
30                  application  or  revision determines in writing
31                  that other requirements specifically identified
32                  are not  applicable  to  the  source,  and  the
33                  permit includes that determination or a concise
34                  summary thereof.
 
SB1903 Enrolled            -256-     LRB093 08682 RCE 08912 b
 1                  ii.  The permit shall identify the requirements
 2             for  which the source is shielded.  The shield shall
 3             not extend  to  applicable  requirements  which  are
 4             promulgated   after  the  date  of  release  of  the
 5             proposed permit unless the permit has been  modified
 6             to reflect such new requirements.
 7                  iii.  A  CAAPP  permit which does not expressly
 8             indicate the existence of a permit shield shall  not
 9             provide such a shield.
10                  iv.  Nothing  in  this  paragraph or in a CAAPP
11             permit shall alter or affect the following:
12                       A.  The   provisions   of   Section    303
13                  (emergency   powers)  of  the  Clean  Air  Act,
14                  including USEPA's authority under that section.
15                       B.  The liability of an owner or  operator
16                  of  a  source  for  any violation of applicable
17                  requirements prior to or at the time of  permit
18                  issuance.
19                       C.  The  applicable  requirements  of  the
20                  acid   rain  program  consistent  with  Section
21                  408(a) of the Clean Air Act.
22                       D.  The  ability  of   USEPA   to   obtain
23                  information  from  a source pursuant to Section
24                  114 (inspections, monitoring, and entry) of the
25                  Clean Air Act.
26             k.  Each CAAPP permit  shall  include  an  emergency
27        provision  providing  an affirmative defense of emergency
28        to   an   action   brought   for    noncompliance    with
29        technology-based   emission  limitations  under  a  CAAPP
30        permit  if  the  following  conditions  are  met  through
31        properly signed, contemporaneous operating logs, or other
32        relevant evidence:
33                  i.  An emergency occurred and the permittee can
34             identify the cause(s) of the emergency.
 
SB1903 Enrolled            -257-     LRB093 08682 RCE 08912 b
 1                  ii.  The permitted facility  was  at  the  time
 2             being properly operated.
 3                  iii.  The  permittee  submitted  notice  of the
 4             emergency to the Agency within 2 working days of the
 5             time when emission limitations were exceeded due  to
 6             the  emergency.  This notice must contain a detailed
 7             description of the emergency,  any  steps  taken  to
 8             mitigate emissions, and corrective actions taken.
 9                  iv.  During  the  period  of  the emergency the
10             permittee took  all  reasonable  steps  to  minimize
11             levels  of  emissions  that  exceeded  the  emission
12             limitations,   standards,  or  requirements  in  the
13             permit.
14             For purposes of this subsection,  "emergency"  means
15        any   situation   arising   from  sudden  and  reasonably
16        unforeseeable events beyond the control  of  the  source,
17        such as an act of God, that requires immediate corrective
18        action  to  restore normal operation, and that causes the
19        source to exceed a technology-based  emission  limitation
20        under   the  permit,  due  to  unavoidable  increases  in
21        emissions attributable to the  emergency.   An  emergency
22        shall  not  include noncompliance to the extent caused by
23        improperly  designed  equipment,  lack  of   preventative
24        maintenance, careless or improper operation, or operation
25        error.
26             In   any   enforcement   proceeding,  the  permittee
27        seeking to establish the occurrence of an  emergency  has
28        the  burden  of  proof.  This provision is in addition to
29        any  emergency  or  upset  provision  contained  in   any
30        applicable  requirement.  This provision does not relieve
31        a permittee of any reporting obligations  under  existing
32        federal or state laws or regulations.
33             l.  The  Agency  shall include in each permit issued
34        under subsection 10 of this Section:
 
SB1903 Enrolled            -258-     LRB093 08682 RCE 08912 b
 1                  i.  Terms   and   conditions   for   reasonably
 2             anticipated operating scenarios  identified  by  the
 3             source  in  its  application.   The permit terms and
 4             conditions for each such  operating  scenario  shall
 5             meet    all    applicable   requirements   and   the
 6             requirements of this Section.
 7                       A.  Under this  subparagraph,  the  source
 8                  must  record in a log at the permitted facility
 9                  a record of the  scenario  under  which  it  is
10                  operating   contemporaneously   with  making  a
11                  change from one operating scenario to another.
12                       B.  The   permit   shield   described   in
13                  paragraph 7(j) of this Section shall extend  to
14                  all   terms  and  conditions  under  each  such
15                  operating scenario.
16                  ii.  Where requested by an applicant, all terms
17             and conditions allowing  for  trading  of  emissions
18             increases  and  decreases between different emission
19             units at the CAAPP source, to the  extent  that  the
20             applicable  requirements provide for trading of such
21             emissions  increases   and   decreases   without   a
22             case-by-case approval of each emissions trade.  Such
23             terms and conditions:
24                       A.  Shall include all terms required under
25                  this subsection to determine compliance;
26                       B.  Must meet all applicable requirements;
27                       C.  Shall   extend   the   permit   shield
28                  described  in paragraph 7(j) of this Section to
29                  all  terms  and  conditions  that  allow   such
30                  increases and decreases in emissions.
31             m.  The  Agency  shall specifically designate as not
32        being federally enforceable under the Clean Air  Act  any
33        terms  and conditions included in the permit that are not
34        specifically required under the Clean Air Act or  federal
 
SB1903 Enrolled            -259-     LRB093 08682 RCE 08912 b
 1        regulations  promulgated  thereunder. Terms or conditions
 2        so designated shall be subject to  all  applicable  state
 3        requirements,  except  the  requirements  of subsection 7
 4        (other than this paragraph, paragraph q of subsection  7,
 5        subsections  8  through 11, and subsections 13 through 16
 6        of this Section. The Agency shall, however, include  such
 7        terms  and  conditions  in the CAAPP permit issued to the
 8        source.
 9             n.  Each CAAPP permit issued under subsection 10  of
10        this  Section  shall  specify and reference the origin of
11        and authority for each term or  condition,  and  identify
12        any  difference  in  form  as  compared to the applicable
13        requirement upon which the term or condition is based.
14             o.  Each CAAPP permit issued under subsection 10  of
15        this   Section   shall  include  provisions  stating  the
16        following:
17                  i.  Duty to comply.  The permittee must  comply
18             with  all  terms and conditions of the CAAPP permit.
19             Any permit noncompliance constitutes a violation  of
20             the  Clean  Air  Act and the Act, and is grounds for
21             any or all of the  following:   enforcement  action;
22             permit  termination,  revocation  and reissuance, or
23             modification;  or  denial  of   a   permit   renewal
24             application.
25                  ii.  Need  to  halt  or  reduce  activity not a
26             defense.  It shall not be a defense for a  permittee
27             in  an  enforcement  action  that it would have been
28             necessary to halt or reduce the  permitted  activity
29             in  order to maintain compliance with the conditions
30             of this permit.
31                  iii.  Permit  actions.   The  permit   may   be
32             modified,   revoked,   reopened,  and  reissued,  or
33             terminated  for  cause  in   accordance   with   the
34             applicable  subsections of Section 39.5 of this Act.
 
SB1903 Enrolled            -260-     LRB093 08682 RCE 08912 b
 1             The filing of a  request  by  the  permittee  for  a
 2             permit  modification,  revocation and reissuance, or
 3             termination, or of a notification of planned changes
 4             or  anticipated  noncompliance  does  not  stay  any
 5             permit condition.
 6                  iv.  Property  rights.   The  permit  does  not
 7             convey any property  rights  of  any  sort,  or  any
 8             exclusive privilege.
 9                  v.  Duty to provide information.  The permittee
10             shall furnish to the Agency within a reasonable time
11             specified  by  the  Agency  any information that the
12             Agency may request in writing to  determine  whether
13             cause  exists for modifying, revoking and reissuing,
14             or terminating the permit or to determine compliance
15             with the permit.  Upon request, the permittee  shall
16             also   furnish  to  the  Agency  copies  of  records
17             required  to  be  kept  by  the   permit   or,   for
18             information   claimed   to   be   confidential,  the
19             permittee may furnish such records directly to USEPA
20             along with a claim of confidentiality.
21                  vi.  Duty to pay fees.  The permittee must  pay
22             fees  to the Agency consistent with the fee schedule
23             approved pursuant to subsection 18 of this  Section,
24             and submit any information relevant thereto.
25                  vii.  Emissions  trading.   No  permit revision
26             shall be required for increases in emissions allowed
27             under any approved economic  incentives,  marketable
28             permits,   emissions   trading,  and  other  similar
29             programs or processes for changes that are  provided
30             for  in  the  permit  and that are authorized by the
31             applicable requirement.
32             p.  Each CAAPP permit issued under subsection 10  of
33        this  Section  shall  contain the following elements with
34        respect to compliance:
 
SB1903 Enrolled            -261-     LRB093 08682 RCE 08912 b
 1                  i.  Compliance     certification,      testing,
 2             monitoring,    reporting,    and    record   keeping
 3             requirements sufficient to  assure  compliance  with
 4             the   terms  and  conditions  of  the  permit.   Any
 5             document (including reports)  required  by  a  CAAPP
 6             permit   shall   contain   a   certification   by  a
 7             responsible official that meets the requirements  of
 8             subsection   5   of   this  Section  and  applicable
 9             regulations.
10                  ii.  Inspection  and  entry  requirements  that
11             necessitate that, upon presentation  of  credentials
12             and other documents as may be required by law and in
13             accordance   with  constitutional  limitations,  the
14             permittee shall allow the Agency, or  an  authorized
15             representative to perform the following:
16                       A.  Enter  upon  the  permittee's premises
17                  where   a   CAAPP   source   is   located    or
18                  emissions-related  activity  is  conducted,  or
19                  where records must be kept under the conditions
20                  of the permit.
21                       B.  Have access to and copy, at reasonable
22                  times,  any records that must be kept under the
23                  conditions of the permit.
24                       C.  Inspect  at   reasonable   times   any
25                  facilities, equipment (including monitoring and
26                  air pollution control equipment), practices, or
27                  operations  regulated  or  required  under  the
28                  permit.
29                       D.  Sample  or  monitor  any substances or
30                  parameters at any location:
31                            1.  As authorized by  the  Clean  Air
32                       Act, at reasonable times, for the purposes
33                       of  assuring  compliance  with  the  CAAPP
34                       permit or applicable requirements; or
 
SB1903 Enrolled            -262-     LRB093 08682 RCE 08912 b
 1                            2.  As  otherwise  authorized by this
 2                       Act.
 3                  iii.  A schedule of compliance consistent  with
 4             subsection   5   of   this  Section  and  applicable
 5             regulations.
 6                  iv.  Progress  reports   consistent   with   an
 7             applicable   schedule   of  compliance  pursuant  to
 8             paragraph  5(d)  of  this  Section  and   applicable
 9             regulations  to  be  submitted semiannually, or more
10             frequently if the Agency determines that  such  more
11             frequent  submittals  are  necessary  for compliance
12             with the Act or regulations promulgated by the Board
13             thereunder.  Such progress reports shall contain the
14             following:
15                       A.  Required  dates  for   achieving   the
16                  activities,  milestones, or compliance required
17                  by the schedule of compliance  and  dates  when
18                  such  activities, milestones or compliance were
19                  achieved.
20                       B.  An explanation of why any dates in the
21                  schedule of compliance were not or will not  be
22                  met,  and any preventive or corrective measures
23                  adopted.
24                  v.  Requirements for  compliance  certification
25             with  terms  and conditions contained in the permit,
26             including emission limitations, standards,  or  work
27             practices.    Permits  shall  include  each  of  the
28             following:
29                       A.  The  frequency   (annually   or   more
30                  frequently   as  specified  in  any  applicable
31                  requirement  or  by  the  Agency  pursuant   to
32                  written    procedures)    of   submissions   of
33                  compliance certifications.
34                       B.  A means for  assessing  or  monitoring
 
SB1903 Enrolled            -263-     LRB093 08682 RCE 08912 b
 1                  the compliance of the source with its emissions
 2                  limitations, standards, and work practices.
 3                       C.  A   requirement  that  the  compliance
 4                  certification include the following:
 5                            1.  The identification of  each  term
 6                       or  condition contained in the permit that
 7                       is the basis of the certification.
 8                            2.  The compliance status.
 9                            3.  Whether compliance was continuous
10                       or intermittent.
11                            4.  The    method(s)     used     for
12                       determining  the  compliance status of the
13                       source,  both  currently  and   over   the
14                       reporting     period    consistent    with
15                       subsection 7 of Section 39.5 of the Act.
16                       D.  A  requirement  that  all   compliance
17                  certifications be submitted to USEPA as well as
18                  to the Agency.
19                       E.  Additional   requirements  as  may  be
20                  specified pursuant to  Sections  114(a)(3)  and
21                  504(b) of the Clean Air Act.
22                       F.  Other  provisions  as  the  Agency may
23                  require.
24             q.  If the owner or operator  of  CAAPP  source  can
25        demonstrate   in  its  CAAPP  application,  including  an
26        application  for  a  significant  modification,  that  an
27        alternative emission limit would be  equivalent  to  that
28        contained in the applicable Board regulations, the Agency
29        shall include the alternative emission limit in the CAAPP
30        permit,  which  shall  supersede  the  emission limit set
31        forth in the  applicable  Board  regulations,  and  shall
32        include   conditions   that  insure  that  the  resulting
33        emission limit is quantifiable, accountable, enforceable,
34        and based on replicable procedures.
 
SB1903 Enrolled            -264-     LRB093 08682 RCE 08912 b
 1        8.  Public Notice; Affected State Review.
 2             a.  The Agency shall provide notice to  the  public,
 3        including   an  opportunity  for  public  comment  and  a
 4        hearing, on each draft CAAPP permit for issuance, renewal
 5        or significant modification, subject to Sections 7(a) and
 6        7.1 of this Act.
 7             b.  The Agency shall prepare a  draft  CAAPP  permit
 8        and  a  statement  that  sets forth the legal and factual
 9        basis for the draft CAAPP  permit  conditions,  including
10        references  to  the  applicable  statutory  or regulatory
11        provisions.  The Agency shall provide this  statement  to
12        any person who requests it.
13             c.  The Agency shall give notice of each draft CAAPP
14        permit  to  the applicant and to any affected State on or
15        before the time that the Agency has  provided  notice  to
16        the public, except as otherwise provided in this Act.
17             d.  The  Agency,  as  part  of  its  submittal  of a
18        proposed permit to USEPA (or as soon  as  possible  after
19        the  submittal  for  minor permit modification procedures
20        allowed under  subsection  14  of  this  Section),  shall
21        notify  USEPA  and  any  affected State in writing of any
22        refusal  of   the   Agency   to   accept   all   of   the
23        recommendations  for the proposed permit that an affected
24        State submitted  during  the  public  or  affected  State
25        review  period.   The  notice  shall include the Agency's
26        reasons for  not  accepting  the  recommendations.    The
27        Agency is not required to accept recommendations that are
28        not  based on applicable requirements or the requirements
29        of this Section.
30             e.  The Agency shall make available  to  the  public
31        any  CAAPP permit application, compliance plan (including
32        the schedule of compliance), CAAPP permit, and  emissions
33        or compliance monitoring report.  If an owner or operator
34        of  a  CAAPP  source  is  required  to submit information
 
SB1903 Enrolled            -265-     LRB093 08682 RCE 08912 b
 1        entitled to protection from disclosure under Section 7(a)
 2        or Section 7.1 of this Act, the owner or  operator  shall
 3        submit  such information separately.  The requirements of
 4        Section 7(a) or Section 7.1 of this Act  shall  apply  to
 5        such  information, which shall not be included in a CAAPP
 6        permit unless required by law.  The contents of  a  CAAPP
 7        permit  shall not be entitled to protection under Section
 8        7(a) or Section 7.1 of this Act.
 9             f.  The Agency shall have  the  authority  to  adopt
10        procedural   rules,   in  accordance  with  the  Illinois
11        Administrative  Procedure  Act,  as  the   Agency   deems
12        necessary, to implement this subsection.

13        9.  USEPA Notice and Objection.
14             a.  The Agency shall provide to USEPA for its review
15        a   copy   of   each  CAAPP  application  (including  any
16        application for permit modification), statement of  basis
17        as  provided  in paragraph 8(b) of this Section, proposed
18        CAAPP permit, CAAPP permit, and, if the Agency  does  not
19        incorporate  any  affected  State's  recommendations on a
20        proposed  CAAPP  permit,  a  written  statement  of  this
21        decision  and  its  reasons   for   not   accepting   the
22        recommendations, except as otherwise provided in this Act
23        or  by  agreement with USEPA.  To the extent practicable,
24        the preceding information shall be provided  in  computer
25        readable format compatible with USEPA's national database
26        management system.
27             b.  The  Agency  shall  not issue the proposed CAAPP
28        permit if USEPA objects in  writing  within  45  days  of
29        receipt  of  the  proposed CAAPP permit and all necessary
30        supporting information.
31             c.  If USEPA objects in writing to the  issuance  of
32        the  proposed  CAAPP permit within the 45-day period, the
33        Agency shall  respond  in  writing  and  may  revise  and
34        resubmit  the  proposed  CAAPP  permit in response to the
 
SB1903 Enrolled            -266-     LRB093 08682 RCE 08912 b
 1        stated objection, to the extent supported by the  record,
 2        within 90 days after the date of the objection.  Prior to
 3        submitting  a  revised  permit to USEPA, the Agency shall
 4        provide the applicant and any person who participated  in
 5        the  public  comment process, pursuant to subsection 8 of
 6        this Section, with a 10-day  period  to  comment  on  any
 7        revision  which  the  Agency  is proposing to make to the
 8        permit in response to  USEPA's  objection  in  accordance
 9        with Agency procedures.
10             d.  Any   USEPA  objection  under  this  subsection,
11        according to the Clean Air Act, will include a  statement
12        of  reasons  for  the  objection and a description of the
13        terms and conditions that must be in the permit, in order
14        to adequately respond to the objections.  Grounds  for  a
15        USEPA  objection  include  the  failure of the Agency to:
16        (1) submit the items  and  notices  required  under  this
17        subsection; (2) submit any other information necessary to
18        adequately  review  the  proposed  CAAPP  permit;  or (3)
19        process the permit under subsection  8  of  this  Section
20        except for minor permit modifications.
21             e.  If  USEPA does not object in writing to issuance
22        of  a  permit  under  this  subsection,  any  person  may
23        petition USEPA within 60 days  after  expiration  of  the
24        45-day review period to make such objection.
25             f.  If  the permit has not yet been issued and USEPA
26        objects to the permit as a  result  of  a  petition,  the
27        Agency shall not issue the permit until USEPA's objection
28        has  been  resolved.  The  Agency  shall provide a 10-day
29        comment period in accordance with  paragraph  c  of  this
30        subsection.  A  petition  does  not,  however,  stay  the
31        effectiveness  of  a  permit  or  its requirements if the
32        permit was issued after expiration of the  45-day  review
33        period and prior to a USEPA objection.
34             g.  If   the   Agency  has  issued  a  permit  after
 
SB1903 Enrolled            -267-     LRB093 08682 RCE 08912 b
 1        expiration of the  45-day  review  period  and  prior  to
 2        receipt  of  a  USEPA  objection under this subsection in
 3        response to a petition submitted pursuant to paragraph  e
 4        of  this  subsection,  the Agency may, upon receipt of an
 5        objection from USEPA, revise and resubmit the  permit  to
 6        USEPA  pursuant  to  this  subsection  after  providing a
 7        10-day comment period in accordance with paragraph  c  of
 8        this  subsection. If the Agency fails to submit a revised
 9        permit in response to the objection, USEPA shall  modify,
10        terminate  or revoke the permit.  In any case, the source
11        will not be in  violation  of  the  requirement  to  have
12        submitted a timely and complete application.
13             h.  The  Agency  shall  have  the authority to adopt
14        procedural  rules,  in  accordance  with   the   Illinois
15        Administrative   Procedure   Act,  as  the  Agency  deems
16        necessary, to implement this subsection.

17        10.  Final Agency Action.
18             a.  The Agency shall issue a  CAAPP  permit,  permit
19        modification,  or  permit renewal if all of the following
20        conditions are met:
21                  i.  The applicant has submitted a complete  and
22             certified   application   for   a   permit,   permit
23             modification,  or  permit  renewal  consistent  with
24             subsections 5 and 14 of this Section, as applicable,
25             and applicable regulations.
26                  ii.  The   applicant  has  submitted  with  its
27             complete application an approvable compliance  plan,
28             including   a  schedule  for  achieving  compliance,
29             consistent with subsection 5  of  this  Section  and
30             applicable regulations.
31                  iii.  The  applicant  has  timely paid the fees
32             required pursuant to subsection 18 of  this  Section
33             and applicable regulations.
34                  iv.  The  Agency  has received a complete CAAPP
 
SB1903 Enrolled            -268-     LRB093 08682 RCE 08912 b
 1             application and, if  necessary,  has  requested  and
 2             received  additional  information from the applicant
 3             consistent with subsection 5  of  this  Section  and
 4             applicable regulations.
 5                  v.  The Agency has complied with all applicable
 6             provisions  regarding  public  notice  and  affected
 7             State  review  consistent  with subsection 8 of this
 8             Section and applicable regulations.
 9                  vi.  The Agency has provided  a  copy  of  each
10             CAAPP  application,  or summary thereof, pursuant to
11             agreement  with  USEPA  and  proposed  CAAPP  permit
12             required under  subsection  9  of  this  Section  to
13             USEPA, and USEPA has not objected to the issuance of
14             the  permit in accordance with the Clean Air Act and
15             40 CFR Part 70.
16             b.  The Agency shall have the authority  to  deny  a
17        CAAPP  permit,  permit modification, or permit renewal if
18        the applicant has not complied with the  requirements  of
19        paragraphs  (a)(i)-(a)(iv) of this subsection or if USEPA
20        objects to its issuance.
21             c. i.  Prior to denial of  a  CAAPP  permit,  permit
22             modification,  or permit renewal under this Section,
23             the  Agency  shall  notify  the  applicant  of   the
24             possible denial and the reasons for the denial.
25                  ii.  Within   such  notice,  the  Agency  shall
26             specify an appropriate date by which  the  applicant
27             shall  adequately  respond  to  the Agency's notice.
28             Such date shall not exceed 15 days from the date the
29             notification is  received  by  the  applicant.   The
30             Agency  may  grant  a  reasonable extension for good
31             cause shown.
32                  iii.  Failure by the  applicant  to  adequately
33             respond by the date specified in the notification or
34             by  any  granted extension date shall be grounds for
 
SB1903 Enrolled            -269-     LRB093 08682 RCE 08912 b
 1             denial of the permit.
 2                  For purposes of obtaining judicial review under
 3             Sections 40.2 and 41 of this Act, the  Agency  shall
 4             provide  to  USEPA  and  each  applicant,  and, upon
 5             request,  to  affected  States,   any   person   who
 6             participated  in the public comment process, and any
 7             other person who could obtain  judicial review under
 8             Sections 40.2 and 41 of this Act,  a  copy  of  each
 9             CAAPP permit or notification of denial pertaining to
10             that party.
11             d.  The  Agency  shall  have  the authority to adopt
12        procedural  rules,  in  accordance  with   the   Illinois
13        Administrative   Procedure   Act,  as  the  Agency  deems
14        necessary, to implement this subsection.

15        11.  General Permits.
16             a.  The Agency may issue a general  permit  covering
17        numerous similar sources, except for affected sources for
18        acid  deposition unless otherwise provided in regulations
19        promulgated under Title IV of the Clean Air Act.
20             b.  The  Agency  shall  identify,  in  any   general
21        permit,  criteria  by  which  sources may qualify for the
22        general permit.
23             c.  CAAPP sources that would qualify for  a  general
24        permit  must  apply  for  coverage under the terms of the
25        general  permit  or  must  apply  for  a   CAAPP   permit
26        consistent   with   subsection  5  of  this  Section  and
27        applicable regulations.
28             d.  The Agency shall comply with the public  comment
29        and  hearing  provisions  of  this Section as well as the
30        USEPA and  affected  State  review  procedures  prior  to
31        issuance of a general permit.
32             e.  When   granting   a   subsequent  request  by  a
33        qualifying CAAPP source for coverage under the terms of a
34        general permit, the  Agency  shall  not  be  required  to
 
SB1903 Enrolled            -270-     LRB093 08682 RCE 08912 b
 1        repeat  the  public  notice  and comment procedures.  The
 2        granting of such request shall not be considered a  final
 3        permit action for purposes of judicial review.
 4             f.  The  Agency  may  not  issue a general permit to
 5        cover any discrete emission unit at  a  CAAPP  source  if
 6        another CAAPP permit covers emission units at the source.
 7             g.  The  Agency  shall  have  the authority to adopt
 8        procedural  rules,  in  accordance  with   the   Illinois
 9        Administrative   Procedure   Act,  as  the  Agency  deems
10        necessary, to implement this subsection.

11        12.  Operational Flexibility.
12             a.  An owner or operator of a CAAPP source may  make
13        changes  at  the  CAAPP  source without requiring a prior
14        permit revision, consistent with  subparagraphs  (a)  (i)
15        through  (a)  (iii)  of  this  subsection, so long as the
16        changes are not  modifications  under  any  provision  of
17        Title  I  of the Clean Air Act and they do not exceed the
18        emissions allowable under the permit  (whether  expressed
19        therein  as  a  rate  of  emissions  or in terms of total
20        emissions), provided that the owner or  operator  of  the
21        CAAPP  source  provides USEPA and the Agency with written
22        notification as required below in advance of the proposed
23        changes, which shall be  a  minimum  of  7  days,  unless
24        otherwise   provided   by   the   Agency   in  applicable
25        regulations regarding emergencies.  The owner or operator
26        of a CAAPP source and the Agency shall each  attach  such
27        notice to their copy of the relevant permit.
28                  i.  An  owner or operator of a CAAPP source may
29             make Section 502 (b) (10) changes without  a  permit
30             revision, if the changes are not modifications under
31             any  provision  of  Title I of the Clean Air Act and
32             the changes do not exceed  the  emissions  allowable
33             under  the  permit  (whether  expressed therein as a
34             rate of emissions or in terms of total emissions).
 
SB1903 Enrolled            -271-     LRB093 08682 RCE 08912 b
 1                       A.  For  each  such  change,  the  written
 2                  notification required  above  shall  include  a
 3                  brief  description  of  the  change  within the
 4                  source, the  date  on  which  the  change  will
 5                  occur,  any change in emissions, and any permit
 6                  term or condition that is no longer  applicable
 7                  as a result of the change.
 8                       B.  The   permit   shield   described   in
 9                  paragraph  7(j) of this Section shall not apply
10                  to   any   change   made   pursuant   to   this
11                  subparagraph.
12                  ii.  An owner or operator of a CAAPP source may
13             trade increases and decreases in  emissions  in  the
14             CAAPP  source,  where  the applicable implementation
15             plan  provides  for  such  emission  trades  without
16             requiring a  permit  revision.   This  provision  is
17             available  in  those cases where the permit does not
18             already provide for such emissions trading.
19                       A.  Under this subparagraph  (a)(ii),  the
20                  written   notification   required  above  shall
21                  include such information as may be required  by
22                  the  provision in the applicable implementation
23                  plan authorizing the emissions trade, including
24                  at a minimum, when the  proposed  changes  will
25                  occur,  a  description of each such change, any
26                  change in emissions,  the  permit  requirements
27                  with  which  the  source  will comply using the
28                  emissions trading provisions of the  applicable
29                  implementation plan, and the pollutants emitted
30                  subject  to  the  emissions  trade.  The notice
31                  shall also  refer  to  the  provisions  in  the
32                  applicable  implementation  plan with which the
33                  source  will  comply  and   provide   for   the
34                  emissions trade.
 
SB1903 Enrolled            -272-     LRB093 08682 RCE 08912 b
 1                       B.  The   permit   shield   described   in
 2                  paragraph  7(j) of this Section shall not apply
 3                  to   any   change   made   pursuant   to   this
 4                  subparagraph (a) (ii).    Compliance  with  the
 5                  permit  requirements  that the source will meet
 6                  using the emissions trade shall  be  determined
 7                  according to the requirements of the applicable
 8                  implementation  plan  authorizing the emissions
 9                  trade.
10                  iii.  If requested within a CAAPP  application,
11             the Agency shall issue a CAAPP permit which contains
12             terms  and  conditions, including all terms required
13             under subsection 7  of  this  Section  to  determine
14             compliance,  allowing  for  the trading of emissions
15             increases and decreases at the CAAPP  source  solely
16             for    the    purpose    of    complying    with   a
17             federally-enforceable   emissions   cap   that    is
18             established  in  the permit independent of otherwise
19             applicable requirements.  The owner or operator of a
20             CAAPP source shall include in its CAAPP  application
21             proposed replicable procedures and permit terms that
22             ensure  the  emissions  trades  are quantifiable and
23             enforceable.   The   permit   shall   also   require
24             compliance with all applicable requirements.
25                       A.  Under  this subparagraph (a)(iii), the
26                  written notification required above shall state
27                  when the change will occur and  shall  describe
28                  the  changes  in emissions that will result and
29                  how these increases and decreases in  emissions
30                  will  comply  with  the terms and conditions of
31                  the permit.
32                       B.  The   permit   shield   described   in
33                  paragraph 7(j) of this Section shall extend  to
34                  terms  and conditions that allow such increases
 
SB1903 Enrolled            -273-     LRB093 08682 RCE 08912 b
 1                  and decreases in emissions.
 2             b.  An owner or operator of a CAAPP source may  make
 3        changes  that  are  not  addressed  or  prohibited by the
 4        permit,  other  than  those  which  are  subject  to  any
 5        requirements under Title IV of the Clean Air Act  or  are
 6        modifications  under  any  provisions  of  Title I of the
 7        Clean Air Act, without a permit revision,  in  accordance
 8        with the following requirements:
 9                  (i)  Each such change shall meet all applicable
10             requirements  and  shall  not  violate  any existing
11             permit term or condition;
12                  (ii)  Sources  must   provide   contemporaneous
13             written  notice to the Agency and USEPA of each such
14             change,  except  for   changes   that   qualify   as
15             insignificant under provisions adopted by the Agency
16             or  the  Board.  Such  written notice shall describe
17             each such change, including the date, any change  in
18             emissions,  pollutants  emitted,  and any applicable
19             requirement that would apply  as  a  result  of  the
20             change;
21                  (iii)  The  change  shall  not  qualify for the
22             shield described in paragraph 7(j) of this  Section;
23             and
24                  (iv)  The   permittee   shall   keep  a  record
25             describing changes made at the source that result in
26             emissions of a regulated air pollutant subject to an
27             applicable  Clean  Air  Act  requirement,  but   not
28             otherwise   regulated  under  the  permit,  and  the
29             emissions resulting from those changes.
30             c.  The Agency shall have  the  authority  to  adopt
31        procedural   rules,   in  accordance  with  the  Illinois
32        Administrative  Procedure  Act,  as  the   Agency   deems
33        necessary to implement this subsection.

34        13.  Administrative Permit Amendments.
 
SB1903 Enrolled            -274-     LRB093 08682 RCE 08912 b
 1             a.  The  Agency shall take final action on a request
 2        for an administrative permit amendment within 60 days  of
 3        receipt   of   the   request.    Neither  notice  nor  an
 4        opportunity for public and affected State  comment  shall
 5        be required for the Agency to incorporate such revisions,
 6        provided  it  designates  the  permit revisions as having
 7        been made pursuant to this subsection.
 8             b.  The Agency shall submit a copy  of  the  revised
 9        permit to USEPA.
10             c.  For   purposes   of   this   Section   the  term
11        "administrative permit amendment" shall be defined as   a
12        permit  revision  that  can accomplish one or more of the
13        changes described below:
14                  i.  Corrects typographical errors;
15                  ii.  Identifies a change in the name,  address,
16             or  phone  number  of  any  person identified in the
17             permit, or provides a similar  minor  administrative
18             change at the source;
19                  iii.  Requires   more  frequent  monitoring  or
20             reporting by the permittee;
21                  iv.  Allows  for  a  change  in  ownership   or
22             operational  control  of  a  source where the Agency
23             determines that no other change  in  the  permit  is
24             necessary,   provided   that   a  written  agreement
25             containing a specific date for  transfer  of  permit
26             responsibility,  coverage, and liability between the
27             current and new permittees has been submitted to the
28             Agency;
29                  v.  Incorporates  into  the  CAAPP  permit  the
30             requirements  from  preconstruction  review  permits
31             authorized under a USEPA-approved program,  provided
32             the   program   meets   procedural   and  compliance
33             requirements  substantially  equivalent   to   those
34             contained in this Section;
 
SB1903 Enrolled            -275-     LRB093 08682 RCE 08912 b
 1                  vi.  (Blank); or
 2                  vii.  Any  other type of change which USEPA has
 3             determined as part  of  the  approved  CAAPP  permit
 4             program  to  be  similar  to  those included in this
 5             subsection.
 6             d.  The Agency  shall,  upon  taking  final   action
 7        granting   a   request   for   an  administrative  permit
 8        amendment,  allow  coverage  by  the  permit  shield   in
 9        paragraph  7(j) of this Section for administrative permit
10        amendments made pursuant to subparagraph (c)(v)  of  this
11        subsection  which  meet  the  relevant  requirements  for
12        significant permit modifications.
13             e.  Permit  revisions  and  modifications, including
14        administrative  amendments   and   automatic   amendments
15        (pursuant  to Sections 408(b) and 403(d) of the Clean Air
16        Act or regulations promulgated thereunder), for  purposes
17        of  the acid rain portion of the permit shall be governed
18        by the regulations promulgated  under  Title  IV  of  the
19        Clean  Air  Act.  Owners or operators of affected sources
20        for acid deposition shall have the flexibility  to  amend
21        their  compliance  plans  as  provided in the regulations
22        promulgated under Title IV of the Clean Air Act.
23             f.  The  CAAPP  source  may  implement  the  changes
24        addressed in the request  for  an  administrative  permit
25        amendment immediately upon submittal of the request.
26             g.  The  Agency  shall  have  the authority to adopt
27        procedural  rules,  in  accordance  with   the   Illinois
28        Administrative   Procedure   Act,  as  the  Agency  deems
29        necessary, to implement this subsection.

30        14.  Permit Modifications.
31             a.  Minor permit modification procedures.
32                  i.  The   Agency   shall   review   a    permit
33             modification  using  the "minor permit" modification
34             procedures only for those permit modifications that:
 
SB1903 Enrolled            -276-     LRB093 08682 RCE 08912 b
 1                       A.  Do   not   violate   any    applicable
 2                  requirement;
 3                       B.  Do  not involve significant changes to
 4                  existing     monitoring,     reporting,      or
 5                  recordkeeping requirements in the permit;
 6                       C.  Do    not   require   a   case-by-case
 7                  determination  of  an  emission  limitation  or
 8                  other   standard,    or    a    source-specific
 9                  determination   of   ambient   impacts,   or  a
10                  visibility or increment analysis;
11                       D.  Do not seek to establish or  change  a
12                  permit  term or condition for which there is no
13                  corresponding underlying requirement and  which
14                  avoids  an  applicable requirement to which the
15                  source would otherwise be subject.  Such  terms
16                  and conditions include:
17                            1.  A federally enforceable emissions
18                       cap  assumed  to avoid classification as a
19                       modification under any provision of  Title
20                       I of the Clean Air Act; and
21                            2.  An  alternative  emissions  limit
22                       approved     pursuant    to    regulations
23                       promulgated under Section 112(i)(5) of the
24                       Clean Air Act;
25                       E.  Are  not   modifications   under   any
26                  provision of Title I of the Clean Air Act; and
27                       F.  Are  not required to be processed as a
28                  significant modification.
29                  ii.  Notwithstanding subparagraphs  (a)(i)  and
30             (b)(ii)    of    this   subsection,   minor   permit
31             modification  procedures  may  be  used  for  permit
32             modifications  involving   the   use   of   economic
33             incentives,  marketable  permits, emissions trading,
34             and other similar approaches,  to  the  extent  that
 
SB1903 Enrolled            -277-     LRB093 08682 RCE 08912 b
 1             such   minor   permit  modification  procedures  are
 2             explicitly   provided   for   in    an    applicable
 3             implementation  plan  or  in applicable requirements
 4             promulgated by USEPA.
 5                  iii.  An applicant requesting the use of  minor
 6             permit   modification   procedures  shall  meet  the
 7             requirements of subsection 5  of  this  Section  and
 8             shall include the following in its application:
 9                       A.  A   description  of  the  change,  the
10                  emissions resulting from the  change,  and  any
11                  new  applicable requirements that will apply if
12                  the change occurs;
13                       B.  The source's suggested draft permit;
14                       C.  Certification   by    a    responsible
15                  official,  consistent  with  paragraph  5(e) of
16                  this Section and applicable  regulations,  that
17                  the  proposed  modification  meets the criteria
18                  for use of minor permit modification procedures
19                  and a request that such procedures be used; and
20                       D.  Completed forms for the Agency to  use
21                  to notify USEPA and affected States as required
22                  under subsections 8 and 9 of this Section.
23                  iv.  Within  5  working  days  of  receipt of a
24             complete permit modification application, the Agency
25             shall  notify  USEPA  and  affected  States  of  the
26             requested permit  modification  in  accordance  with
27             subsections  8  and  9  of this Section.  The Agency
28             promptly  shall  send  any  notice  required   under
29             paragraph 8(d) of this Section to USEPA.
30                  v.  The  Agency  may  not  issue a final permit
31             modification until after the  45-day  review  period
32             for  USEPA  or  until  USEPA has notified the Agency
33             that USEPA will not object to the  issuance  of  the
34             permit modification, whichever comes first, although
 
SB1903 Enrolled            -278-     LRB093 08682 RCE 08912 b
 1             the Agency can approve the permit modification prior
 2             to  that  time.   Within  90  days  of  the Agency's
 3             receipt of an application  under  the  minor  permit
 4             modification  procedures or 15 days after the end of
 5             USEPA's 45-day review period under subsection  9  of
 6             this Section, whichever is later, the Agency shall:
 7                       A.  Issue   the   permit  modification  as
 8                  proposed;
 9                       B.  Deny    the    permit     modification
10                  application;
11                       C.  Determine     that    the    requested
12                  modification does not  meet  the  minor  permit
13                  modification  criteria  and  should be reviewed
14                  under the significant modification  procedures;
15                  or
16                       D.  Revise  the  draft permit modification
17                  and transmit to USEPA the new  proposed  permit
18                  modification  as  required  by  subsection 9 of
19                  this Section.
20                  vi.  Any  CAAPP  source  may  make  the  change
21             proposed   in   its   minor   permit    modification
22             application   immediately   after   it   files  such
23             application.   After  the  CAAPP  source  makes  the
24             change allowed by the preceding sentence, and  until
25             the  Agency  takes  any  of the actions specified in
26             subparagraphs (a)(v)(A) through  (a)(v)(C)  of  this
27             subsection,  the  source  must  comply with both the
28             applicable requirements governing the change and the
29             proposed permit terms and conditions.   During  this
30             time  period,  the  source  need not comply with the
31             existing permit terms and  conditions  it  seeks  to
32             modify.    If  the  source  fails to comply with its
33             proposed permit terms  and  conditions  during  this
34             time   period,   the   existing   permit  terms  and
 
SB1903 Enrolled            -279-     LRB093 08682 RCE 08912 b
 1             conditions which it seeks to modify may be  enforced
 2             against it.
 3                  vii.  The permit shield under subparagraph 7(j)
 4             of  this  Section  may  not  extend  to minor permit
 5             modifications.
 6                  viii.  If a construction  permit  is  required,
 7             pursuant   to   Section   39(a)   of  this  Act  and
 8             regulations thereunder, for a change for  which  the
 9             minor permit modification procedures are applicable,
10             the  source  may  request that the processing of the
11             construction permit application be consolidated with
12             the processing of  the  application  for  the  minor
13             permit  modification.  In such cases, the provisions
14             of this Section, including those within  subsections
15             5, 8, and 9, shall apply and the Agency shall act on
16             such applications pursuant to subparagraph 14(a)(v).
17             The  source may make the proposed change immediately
18             after filing its application for  the  minor  permit
19             modification.   Nothing  in  this subparagraph shall
20             otherwise affect  the  requirements  and  procedures
21             applicable to construction permits.
22             b.  Group Processing of Minor Permit Modifications.
23                  i.  Where  requested by an applicant within its
24             application, the Agency shall process  groups  of  a
25             source's   applications  for  certain  modifications
26             eligible for  minor permit  modification  processing
27             in  accordance with the provisions of this paragraph
28             (b).
29                  ii.  Permit modifications may be  processed  in
30             accordance with the procedures for group processing,
31             for those modifications:
32                       A.  Which  meet  the  criteria  for  minor
33                  permit     modification     procedures    under
34                  subparagraph 14(a)(i) of this Section; and
 
SB1903 Enrolled            -280-     LRB093 08682 RCE 08912 b
 1                       B.  That collectively are below 10 percent
 2                  of the emissions allowed by the permit for  the
 3                  emissions  unit  for which change is requested,
 4                  20 percent  of  the  applicable  definition  of
 5                  major  source set forth in subsection 2 of this
 6                  Section, or  5  tons  per  year,  whichever  is
 7                  least.
 8                  iii.  An  applicant requesting the use of group
 9             processing procedures shall meet the requirements of
10             subsection 5 of this Section and shall  include  the
11             following in its application:
12                       A.  A   description  of  the  change,  the
13                  emissions resulting from the  change,  and  any
14                  new  applicable requirements that will apply if
15                  the change occurs.
16                       B.  The source's suggested draft permit.
17                       C.  Certification   by    a    responsible
18                  official consistent with paragraph 5(e) of this
19                  Section,  that  the proposed modification meets
20                  the  criteria  for  use  of  group   processing
21                  procedures  and  a request that such procedures
22                  be used.
23                       D.  A list of the source's  other  pending
24                  applications  awaiting  group processing, and a
25                  determination   of   whether   the    requested
26                  modification,   aggregated   with  these  other
27                  applications, equals or exceeds  the  threshold
28                  set   under  subparagraph  (b)(ii)(B)  of  this
29                  subsection.
30                       E.  Certification,     consistent     with
31                  paragraph 5(e), that the  source  has  notified
32                  USEPA   of  the  proposed  modification.   Such
33                  notification  need   only   contain   a   brief
34                  description of the requested modification.
 
SB1903 Enrolled            -281-     LRB093 08682 RCE 08912 b
 1                       F.  Completed  forms for the Agency to use
 2                  to notify USEPA and affected states as required
 3                  under subsections 8 and 9 of this Section.
 4                  iv.  On a quarterly basis or within 5  business
 5             days of receipt of an application demonstrating that
 6             the  aggregate  of  a  source's pending applications
 7             equals or exceeds  the  threshold  level  set  forth
 8             within  subparagraph  (b)(ii)(B) of this subsection,
 9             whichever is  earlier,  the  Agency  shall  promptly
10             notify  USEPA  and  affected States of the requested
11             permit modifications in accordance with  subsections
12             8  and 9 of this Section.  The Agency shall send any
13             notice required under paragraph 8(d) of this Section
14             to USEPA.
15                  v.  The provisions of  subparagraph  (a)(v)  of
16             this   subsection   shall   apply  to  modifications
17             eligible  for  group  processing,  except  that  the
18             Agency shall take one of the  actions  specified  in
19             subparagraphs  (a)(v)(A)  through  (a)(v)(D) of this
20             subsection  within  180  days  of  receipt  of   the
21             application  or  15  days  after  the end of USEPA's
22             45-day review period  under  subsection  9  of  this
23             Section, whichever is later.
24                  vi.  The  provisions of subparagraph (a)(vi) of
25             this subsection shall  apply  to  modifications  for
26             group processing.
27                  vii.  The  provisions of paragraph 7(j) of this
28             Section shall not apply  to  modifications  eligible
29             for group processing.
30             c.  Significant Permit Modifications.
31                  i.  Significant  modification  procedures shall
32             be  used  for  applications  requesting  significant
33             permit modifications and for those applications that
34             do not qualify as either minor permit  modifications
 
SB1903 Enrolled            -282-     LRB093 08682 RCE 08912 b
 1             or as administrative permit amendments.
 2                  ii.  Every   significant   change  in  existing
 3             monitoring permit  terms  or  conditions  and  every
 4             relaxation    of    reporting    or    recordkeeping
 5             requirements  shall  be  considered  significant.  A
 6             modification shall also be considered significant if
 7             in  the  judgment  of  the  Agency  action   on   an
 8             application for modification would require decisions
 9             to  be  made  on technically complex issues. Nothing
10             herein shall be construed to preclude the  permittee
11             from  making  changes  consistent  with this Section
12             that would render existing permit  compliance  terms
13             and conditions irrelevant.
14                  iii.  Significant   permit  modifications  must
15             meet all the requirements of this Section, including
16             those  for  applications   (including   completeness
17             review),  public  participation,  review by affected
18             States, and review by USEPA  applicable  to  initial
19             permit  issuance  and  permit  renewal.   The Agency
20             shall  take  final  action  on  significant   permit
21             modifications  within  9  months  after receipt of a
22             complete application.
23             d.  The Agency shall have  the  authority  to  adopt
24        procedural   rules,   in  accordance  with  the  Illinois
25        Administrative  Procedure  Act,  as  the   Agency   deems
26        necessary, to implement this subsection.

27        15.  Reopenings for Cause by the Agency.
28             a.  Each   issued   CAAPP   permit   shall   include
29        provisions  specifying  the  conditions  under  which the
30        permit will be reopened prior to the  expiration  of  the
31        permit.  Such revisions shall be made as expeditiously as
32        practicable.   A  CAAPP  permit  shall  be  reopened  and
33        revised  under  any  of  the  following circumstances, in
34        accordance with procedures adopted by the Agency:
 
SB1903 Enrolled            -283-     LRB093 08682 RCE 08912 b
 1                  i.  Additional requirements under the Clean Air
 2             Act become applicable to a major  CAAPP  source  for
 3             which 3 or more years remain on the original term of
 4             the permit.  Such a reopening shall be completed not
 5             later  than  18 months after the promulgation of the
 6             applicable  requirement.   No   such   revision   is
 7             required if the effective date of the requirement is
 8             later  than  the  date on which the permit is due to
 9             expire.
10                  ii.  Additional requirements (including  excess
11             emissions  requirements)  become  applicable  to  an
12             affected  source  for acid deposition under the acid
13             rain program.  Excess emissions offset  plans  shall
14             be  deemed  to  be incorporated into the permit upon
15             approval by USEPA.
16                  iii.  The Agency or USEPA determines  that  the
17             permit   contains   a   material   mistake  or  that
18             inaccurate statements were made in establishing  the
19             emissions  standards, limitations, or other terms or
20             conditions of the permit.
21                  iv.  The Agency or USEPA  determines  that  the
22             permit   must   be  revised  or  revoked  to  assure
23             compliance with the applicable  requirements.
24             b.  In the event that  the  Agency  determines  that
25        there are grounds for revoking a CAAPP permit, for cause,
26        consistent  with paragraph a of this subsection, it shall
27        file a petition before the Board setting forth the  basis
28        for  such revocation.  In any such proceeding, the Agency
29        shall have the burden of  establishing  that  the  permit
30        should  be  revoked under the standards set forth in this
31        Act and the Clean Air Act.  Any such proceeding shall  be
32        conducted   pursuant   to   the  Board's  procedures  for
33        adjudicatory hearings and  the  Board  shall  render  its
34        decision  within  120 days of the filing of the petition.
 
SB1903 Enrolled            -284-     LRB093 08682 RCE 08912 b
 1        The Agency shall take final action to revoke and  reissue
 2        a CAAPP permit consistent with the Board's order.
 3             c.  Proceedings  regarding  a  reopened CAAPP permit
 4        shall follow the same  procedures  as  apply  to  initial
 5        permit  issuance and shall affect only those parts of the
 6        permit for which cause to reopen exists.
 7             d.  Reopenings   under   paragraph   (a)   of   this
 8        subsection shall not be initiated before a notice of such
 9        intent is provided to the CAAPP source by the  Agency  at
10        least  30  days in advance of the date that the permit is
11        to be reopened, except that  the  Agency  may  provide  a
12        shorter time period in the case of an emergency.
13             e.  The  Agency  shall  have  the authority to adopt
14        procedural  rules,  in  accordance  with   the   Illinois
15        Administrative   Procedure   Act,  as  the  Agency  deems
16        necessary, to implement this subsection.

17        16.  Reopenings for Cause by USEPA.
18             a.  When USEPA finds that cause exists to terminate,
19        modify, or revoke and reissue a CAAPP permit pursuant  to
20        subsection  15  of  this Section, and thereafter notifies
21        the Agency and the permittee of such finding in  writing,
22        the  Agency  shall  forward  to USEPA and the permittee a
23        proposed determination of termination,  modification,  or
24        revocation  and  reissuance as appropriate, in accordance
25        with  paragraph  b  of  this  subsection.  The   Agency's
26        proposed  determination  shall  be in accordance with the
27        record,  the  Clean  Air  Act,  regulations   promulgated
28        thereunder,   this   Act   and   regulations  promulgated
29        thereunder. Such proposed determination shall not  affect
30        the  permit  or  constitute  a  final  permit  action for
31        purposes of this Act or the  Administrative  Review  Law.
32        The   Agency   shall   forward  to  USEPA  such  proposed
33        determination  within  90  days  after  receipt  of   the
34        notification  from USEPA. If additional time is necessary
 
SB1903 Enrolled            -285-     LRB093 08682 RCE 08912 b
 1        to submit the proposed determination,  the  Agency  shall
 2        request  a  90-day  extension from USEPA and shall submit
 3        the proposed determination within 180 days of receipt  of
 4        notification from USEPA.
 5                  b. i.  Prior to the Agency's submittal to USEPA
 6             of  a  proposed determination to terminate or revoke
 7             and reissue the permit,  the  Agency  shall  file  a
 8             petition  before  the  Board  setting  forth USEPA's
 9             objection, the permit record, the Agency's  proposed
10             determination,   and   the   justification  for  its
11             proposed determination. The Board  shall  conduct  a
12             hearing  pursuant to the rules prescribed by Section
13             32 of this Act, and the burden of proof shall be  on
14             the Agency.
15                  ii.  After due consideration of the written and
16             oral  statements,  the  testimony and arguments that
17             shall be submitted at hearing, the Board shall issue
18             and  enter  an  interim  order  for   the   proposed
19             determination, which shall set forth all changes, if
20             any,    required    in    the    Agency's   proposed
21             determination. The interim order shall  comply  with
22             the  requirements  for  final orders as set forth in
23             Section 33 of this Act. Issuance of an interim order
24             by the Board under this  paragraph,  however,  shall
25             not affect the permit status and does not constitute
26             a  final  action  for  purposes  of  this Act or the
27             Administrative Review Law.
28                  iii.  The Board  shall  cause  a  copy  of  its
29             interim  order  to be served upon all parties to the
30             proceeding as well as upon USEPA. The  Agency  shall
31             submit   the  proposed  determination  to  USEPA  in
32             accordance with the Board's Interim Order within 180
33             days after receipt of the notification from USEPA.
34             c. USEPA shall review the proposed determination  to
 
SB1903 Enrolled            -286-     LRB093 08682 RCE 08912 b
 1        terminate,  modify,  or  revoke  and  reissue  the permit
 2        within 90 days of receipt.
 3                  i.  When    USEPA    reviews    the    proposed
 4             determination to terminate or revoke and reissue and
 5             does not object, the Board shall, within 7  days  of
 6             receipt of USEPA's final approval, enter the interim
 7             order  as  a  final  order.  The  final order may be
 8             appealed as provided by Title XI of  this  Act.  The
 9             Agency  shall  take  final action in accordance with
10             the Board's final order.
11                  ii.  When   USEPA   reviews    such    proposed
12             determination to terminate or revoke and reissue and
13             objects,  the  Agency shall submit USEPA's objection
14             and the Agency's comments and recommendation on  the
15             objection  to  the  Board  and  permittee. The Board
16             shall  review  its  interim  order  in  response  to
17             USEPA's objection  and  the  Agency's  comments  and
18             recommendation and issue a final order in accordance
19             with  Sections  32  and  33  of this Act. The Agency
20             shall,  within  90  days  after  receipt   of   such
21             objection,   respond   to   USEPA's   objection   in
22             accordance with the Board's final order.
23                  iii.  When    USEPA   reviews   such   proposed
24             determination to  modify  and  objects,  the  Agency
25             shall,   within   90   days  after  receipt  of  the
26             objection, resolve  the  objection  and  modify  the
27             permit  in  accordance with USEPA's objection, based
28             upon the record,  the  Clean  Air  Act,  regulations
29             promulgated  thereunder,  this  Act, and regulations
30             promulgated thereunder.
31             d.  If the  Agency  fails  to  submit  the  proposed
32        determination  pursuant to paragraph a of this subsection
33        or fails to  resolve  any  USEPA  objection  pursuant  to
34        paragraph  c  of  this  subsection, USEPA will terminate,
 
SB1903 Enrolled            -287-     LRB093 08682 RCE 08912 b
 1        modify, or revoke and reissue the permit.
 2             e.  The Agency shall have  the  authority  to  adopt
 3        procedural   rules,   in  accordance  with  the  Illinois
 4        Administrative  Procedure  Act,  as  the   Agency   deems
 5        necessary, to implement this subsection.

 6        17.  Title IV; Acid Rain Provisions.
 7             a.  The   Agency   shall   act   on   initial  CAAPP
 8        applications for affected sources for acid deposition  in
 9        accordance with this Section and Title V of the Clean Air
10        Act  and  regulations  promulgated  thereunder, except as
11        modified by Title IV of the Clean Air Act and regulations
12        promulgated thereunder.  The Agency shall  issue  initial
13        CAAPP permits to the affected sources for acid deposition
14        which  shall  become effective no earlier than January 1,
15        1995, and which shall terminate on December 31, 1999,  in
16        accordance  with  this Section.  Subsequent CAAPP permits
17        issued to affected sources for acid deposition  shall  be
18        issued for a fixed term of 5 years. Title IV of the Clean
19        Air Act and regulations promulgated thereunder, including
20        but not limited to 40 C.F.R. Part 72, as now or hereafter
21        amended,  are  applicable  to  and enforceable under this
22        Act.
23             b.  A  designated  representative  of  an   affected
24        source  for  acid  deposition  shall  submit a timely and
25        complete  Phase  II  acid  rain  permit  application  and
26        compliance plan to the Agency, not later than January  1,
27        1996,  that  meets the requirements of Titles IV and V of
28        the Clean Air Act and regulations. The Agency  shall  act
29        on   the  Phase  II  acid  rain  permit  application  and
30        compliance plan in accordance with this Section and Title
31        V of  the  Clean  Air  Act  and  regulations  promulgated
32        thereunder,  except  as modified by Title IV of the Clean
33        Air  Act  and  regulations  promulgated  thereunder.  The
34        Agency shall issue the Phase II acid rain  permit  to  an
 
SB1903 Enrolled            -288-     LRB093 08682 RCE 08912 b
 1        affected   source  for  acid  deposition  no  later  than
 2        December  31,  1997,  which  shall  become  effective  on
 3        January 1, 2000, in accordance with this Section,  except
 4        as  modified  by  Title  IV  and  regulations promulgated
 5        thereunder; provided that the  designated  representative
 6        of  the  source  submitted a timely and complete Phase II
 7        permit application and compliance plan to the Agency that
 8        meets the requirements of Title IV and V of the Clean Air
 9        Act and regulations.
10             c.  Each  Phase  II  acid  rain  permit  issued   in
11        accordance  with  this subsection shall have a fixed term
12        of 5 years. Except as provided in paragraph b above,  the
13        Agency  shall  issue  or deny a Phase II acid rain permit
14        within 18 months of receiving a complete Phase II  permit
15        application and compliance plan.
16             d.  A  designated  representative  of a new unit, as
17        defined in Section 402 of the Clean Air Act, shall submit
18        a  timely  and  complete  Phase  II  acid   rain   permit
19        application   and   compliance   plan   that   meets  the
20        requirements of Titles IV and V of the Clean Air Act  and
21        its  regulations.  The Agency shall act on the new unit's
22        Phase II acid rain permit application and compliance plan
23        in accordance with this Section and Title V of the  Clean
24        Air  Act and its regulations, except as modified by Title
25        IV of the Clean Air Act and its regulations.  The  Agency
26        shall  reopen  the  new  unit's CAAPP permit for cause to
27        incorporate the approved Phase II  acid  rain  permit  in
28        accordance  with  this  Section.  The  Phase II acid rain
29        permit for the new unit shall become effective  no  later
30        than  the  date  required under Title IV of the Clean Air
31        Act and its regulations.
32             e.  A  designated  representative  of  an   affected
33        source  for  acid  deposition  shall  submit a timely and
34        complete Title IV NOx permit application to  the  Agency,
 
SB1903 Enrolled            -289-     LRB093 08682 RCE 08912 b
 1        not   later   than   January  1,  1998,  that  meets  the
 2        requirements of Titles IV and V of the Clean Air Act  and
 3        its  regulations.  The  Agency  shall reopen the Phase II
 4        acid rain permit for cause and incorporate  the  approved
 5        NOx  provisions  into  the  Phase II acid rain permit not
 6        later than January  1,  1999,  in  accordance  with  this
 7        Section,  except as modified by Title IV of the Clean Air
 8        Act  and   regulations   promulgated   thereunder.   Such
 9        reopening  shall not affect the term of the Phase II acid
10        rain permit.
11             f.  The designated representative  of  the  affected
12        source  for acid deposition shall renew the initial CAAPP
13        permit and Phase II acid rain permit in  accordance  with
14        this  Section  and  Title  V  of  the  Clean  Air Act and
15        regulations promulgated thereunder, except as modified by
16        Title IV of the Clean Air Act and regulations promulgated
17        thereunder.
18             g.  In the case  of  an  affected  source  for  acid
19        deposition for which a complete Phase II acid rain permit
20        application and compliance plan are timely received under
21        this  subsection,  the  complete  permit  application and
22        compliance plan, including amendments thereto,  shall  be
23        binding   on   the   owner,   operator   and   designated
24        representative, all affected units for acid deposition at
25        the  affected  source,  and any other unit, as defined in
26        Section 402 of the Clean Air Act, governed by  the  Phase
27        II  acid rain permit application and shall be enforceable
28        as an acid rain permit for purposes of Titles IV and V of
29        the Clean Air Act, from the date  of  submission  of  the
30        acid  rain  permit application until a Phase II acid rain
31        permit is issued or denied by the Agency.
32             h.  The Agency shall not include  or  implement  any
33        measure   which   would  interfere  with  or  modify  the
34        requirements  of  Title  IV  of  the  Clean  Air  Act  or
 
SB1903 Enrolled            -290-     LRB093 08682 RCE 08912 b
 1        regulations promulgated thereunder.
 2             i.  Nothing in this Section shall  be  construed  as
 3        affecting  allowances  or  USEPA's  decision regarding an
 4        excess emissions offset plan, as set forth in Title IV of
 5        the Clean Air Act or regulations promulgated thereunder.
 6                  i.  No permit revision shall  be  required  for
 7             increases   in  emissions  that  are  authorized  by
 8             allowances  acquired  pursuant  to  the  acid   rain
 9             program, provided that such increases do not require
10             a   permit   revision  under  any  other  applicable
11             requirement.
12                  ii.  No limit shall be placed on the number  of
13             allowances  held by the source.  The source may not,
14             however,   use   allowances   as   a   defense    to
15             noncompliance with any other applicable requirement.
16                  iii.  Any such allowance shall be accounted for
17             according   to   the   procedures   established   in
18             regulations  promulgated under Title IV of the Clean
19             Air Act.
20             j.  To  the  extent  that  the  federal  regulations
21        promulgated under Title IV, including but not limited  to
22        40  C.F.R.  Part  72,  as  now  or hereafter amended, are
23        inconsistent with  the  federal  regulations  promulgated
24        under  Title V, the federal regulations promulgated under
25        Title IV shall take precedence.
26             k.  The USEPA may intervene as a matter of right  in
27        any  permit  appeal involving a Phase II acid rain permit
28        provision or denial of a Phase II acid rain permit.
29             l.  It is unlawful for  any  owner  or  operator  to
30        violate  any  terms or conditions of a Phase II acid rain
31        permit issued  under  this  subsection,  to  operate  any
32        affected  source for acid deposition except in compliance
33        with a Phase II acid rain permit  issued  by  the  Agency
34        under this subsection, or to violate any other applicable
 
SB1903 Enrolled            -291-     LRB093 08682 RCE 08912 b
 1        requirements.
 2             m.  The  designated  representative  of  an affected
 3        source for acid deposition shall submit to the Agency the
 4        data  and  information  submitted  quarterly  to   USEPA,
 5        pursuant   to   40   CFR  75.64,  concurrently  with  the
 6        submission to USEPA. The submission shall be in the  same
 7        electronic format as specified by USEPA.
 8             n.  The   Agency  shall  act  on  any  petition  for
 9        exemption of a new unit or retired unit, as  those  terms
10        are defined in Section 402 of the Clean Air Act, from the
11        requirements  of the acid rain program in accordance with
12        Title IV of the Clean Air Act and its regulations.
13             o.  The Agency shall have  the  authority  to  adopt
14        procedural   rules,   in  accordance  with  the  Illinois
15        Administrative  Procedure  Act,  as  the   Agency   deems
16        necessary to implement this subsection.

17        18.  Fee Provisions.
18             a.  For each 12 month period after the date on which
19        the  USEPA  approves or conditionally approves the CAAPP,
20        but in no event  prior  to  January  1,  1994,  a  source
21        subject  to this Section or excluded under subsection 1.1
22        or paragraph 3(c) of this Section, shall  pay  a  fee  as
23        provided   in  this  part  (a)  of  this  subsection  18.
24        However,  a  source  that  has  been  excluded  from  the
25        provisions  of  this  Section  under  subsection  1.1  or
26        paragraph 3(c) of this Section because the  source  emits
27        less  than  25  tons  per  year  of  any  combination  of
28        regulated  air  pollutants  shall  pay fees in accordance
29        with paragraph (1) of subsection (b) of Section 9.6.
30                  i.  The fee for a source allowed to  emit  less
31             than  100  tons  per  year  of  any  combination  of
32             regulated  air pollutants shall be $1,800 $1,000 per
33             year.
34                  ii.  The fee for a source allowed to  emit  100
 
SB1903 Enrolled            -292-     LRB093 08682 RCE 08912 b
 1             tons   or  more  per  year  of  any  combination  of
 2             regulated air pollutants, except for those regulated
 3             air pollutants excluded in paragraph 18(f)  of  this
 4             subsection, shall be as follows:
 5                       A.  The  Agency shall assess an annual fee
 6                  of $18.00 $13.50  per  ton  for  the  allowable
 7                  emissions  of  all  regulated air pollutants at
 8                  that source during  the  term  of  the  permit.
 9                  These  fees shall be used by the Agency and the
10                  Board to fund the activities required by  Title
11                  V   of   the   Clean  Air  Act  including  such
12                  activities as may be carried out by other State
13                  or local agencies pursuant to paragraph (d)  of
14                  this  subsection.  The amount of such fee shall
15                  be based on the  information  supplied  by  the
16                  applicant   in   its   complete   CAAPP  permit
17                  application or  in  the  CAAPP  permit  if  the
18                  permit has been granted and shall be determined
19                  by  the  amount of emissions that the source is
20                  allowed to  emit  annually,  provided  however,
21                  that  no  source  shall  be  required to pay an
22                  annual fee in excess of $250,000 $100,000.  The
23                  Agency shall provide  as  part  of  the  permit
24                  application form required under subsection 5 of
25                  this  Section  a  separate fee calculation form
26                  which will allow the applicant to identify  the
27                  allowable  emissions  and calculate the fee for
28                  the term of the permit.  In no event shall  the
29                  Agency  raise the amount of allowable emissions
30                  requested  by   the   applicant   unless   such
31                  increases    are    required   to   demonstrate
32                  compliance with terms of a CAAPP permit.
33                       Notwithstanding the above,  any  applicant
34                  may  seek  a  change  in its permit which would
 
SB1903 Enrolled            -293-     LRB093 08682 RCE 08912 b
 1                  result in increases in allowable emissions  due
 2                  to  an  increase  in  the hours of operation or
 3                  production rates of an emission unit  or  units
 4                  and  such a change shall be consistent with the
 5                  construction   permit   requirements   of   the
 6                  existing State permit  program,  under  Section
 7                  39(a)  of this Act and applicable provisions of
 8                  this Section.  Where a construction  permit  is
 9                  required,  the Agency shall expeditiously grant
10                  such  construction   permit   and   shall,   if
11                  necessary, modify the CAAPP permit based on the
12                  same application.
13                       B.  The applicant or permittee may pay the
14                  fee  annually  or  semiannually  for those fees
15                  greater than  $5,000.  However,  any  applicant
16                  paying  a fee equal to or greater than $100,000
17                  shall pay the full amount on July  1,  for  the
18                  subsequent  fiscal  year, or pay 50% of the fee
19                  on July 1 and the remaining  50%  by  the  next
20                  January  1.   The  Agency may change any annual
21                  billing date upon reasonable notice, but  shall
22                  prorate  the  new bill so that the permittee or
23                  applicant does not pay more than  its  required
24                  fees  for  the  fee period for which payment is
25                  made.
26             b.  (Blank).
27             c.  (Blank). There shall be created a CAA Fee  Panel
28        of 5 persons.  The Panel shall:
29                  i.  If  it  deems necessary on an annual basis,
30             render advisory  opinions  to  the  Agency  and  the
31             General  Assembly regarding the appropriate level of
32             Title V Clean Air Act fees for the next fiscal year.
33             Such advisory opinions shall be based on a study  of
34             the  operations  of  the Agency and any other entity
 
SB1903 Enrolled            -294-     LRB093 08682 RCE 08912 b
 1             requesting appropriations from the CAA Permit Fund.
 2             This  study  shall  recommend  changes  in  the  fee
 3             structure, if warranted.  The study will be based on
 4             the  ability  of  the  Agency  or  other  entity  to
 5             effectively utilize the funds generated as  well  as
 6             the  entity's  conformance  with  the objectives and
 7             measurable benchmarks identified by  the  Agency  as
 8             justification   for  the  prior  year's  fee.   Such
 9             advisory  opinions  shall  be   submitted   to   the
10             appropriation committees no later than April 15th of
11             each year.
12                  ii.  Not be compensated for their services, but
13             shall receive reimbursement for their expenses.
14                  iii.  Be  appointed  as  follows:  4 members by
15             the Director of the Agency from a list  of  no  more
16             than  8  persons,  submitted  by  representatives of
17             associations who represent facilities subject to the
18             provisions of this subsection and  the  Director  of
19             the Agency or designee.
20             d.  There  is hereby created in the State Treasury a
21        special fund to be known as the "CAA Permit  Fund".   All
22        Funds collected by the Agency pursuant to this subsection
23        shall  be  deposited into the Fund.  The General Assembly
24        shall appropriate monies from this Fund to the Agency and
25        to the Board to carry out their  obligations  under  this
26        Section.   The General Assembly may also authorize monies
27        to be granted by the Agency from this Fund to other State
28        and local agencies which perform duties  related  to  the
29        CAAPP. Interest generated on the monies deposited in this
30        Fund shall be returned to the Fund.  The General Assembly
31        may  appropriate  up  to the sum of $25,000 to the Agency
32        from the CAA Permit Fund for use by the Panel in carrying
33        out its responsibilities under this subsection.
34             e.  The Agency shall have  the  authority  to  adopt
 
SB1903 Enrolled            -295-     LRB093 08682 RCE 08912 b
 1        procedural   rules,   in  accordance  with  the  Illinois
 2        Administrative  Procedure  Act,  as  the   Agency   deems
 3        necessary to implement this subsection.
 4             f.  For   purposes  of  this  subsection,  the  term
 5        "regulated air pollutant" shall have the meaning given to
 6        it under subsection 1 of this Section but  shall  exclude
 7        the following:
 8                  i.  carbon monoxide;
 9                  ii.  any  Class  I  or  II substance which is a
10             regulated air pollutant solely because it is  listed
11             pursuant to Section 602 of the Clean Air Act; and
12                  iii.  any  pollutant  that  is  a regulated air
13             pollutant solely because it is subject to a standard
14             or regulation under Section 112(r) of the Clean  Air
15             Act  based  on  the  emissions allowed in the permit
16             effective in that calendar year,  at  the  time  the
17             applicable bill is generated.

18        19.  Air Toxics Provisions.
19             a.  In  the event that the USEPA fails to promulgate
20        in a timely manner a standard pursuant to Section  112(d)
21        of the Clean Air Act, the Agency shall have the authority
22        to issue permits, pursuant to Section 112(j) of the Clean
23        Air  Act  and  regulations  promulgated thereunder, which
24        contain emission limitations which are equivalent to  the
25        emission  limitations  that would apply to a source if an
26        emission standard had been promulgated in a timely manner
27        by USEPA pursuant to Section 112(d).  Provided,  however,
28        that  the  owner  or  operator of a source shall have the
29        opportunity to submit to the Agency a  proposed  emission
30        limitation  which  it  determines to be equivalent to the
31        emission limitations that would apply to such  source  if
32        an  emission  standard  had  been promulgated in a timely
33        manner by USEPA.  If the Agency refuses  to  include  the
34        emission  limitation proposed by the owner or operator in
 
SB1903 Enrolled            -296-     LRB093 08682 RCE 08912 b
 1        a CAAPP permit, the owner or operator  may  petition  the
 2        Board   to  establish  whether  the  emission  limitation
 3        proposal submitted by the owner or operator provides  for
 4        emission limitations which are equivalent to the emission
 5        limitations  that  would  apply  to  the  source  if  the
 6        emission  standard  had  been  promulgated  by USEPA in a
 7        timely manner.  The Board  shall  determine  whether  the
 8        emission  limitation proposed by the owner or operator or
 9        an alternative emission limitation proposed by the Agency
10        provides for the level of control required under  Section
11        112 of the Clean Air Act, or shall otherwise establish an
12        appropriate  emission limitation, pursuant to Section 112
13        of the Clean Air Act.
14             b.  Any Board proceeding brought under paragraph (a)
15        or (e) of this subsection shall be conducted according to
16        the Board's procedures for adjudicatory hearings and  the
17        Board  shall  render  its decision within 120 days of the
18        filing of the  petition.   Any  such  decision  shall  be
19        subject  to  review   pursuant to Section 41 of this Act.
20        Where USEPA promulgates an applicable  emission  standard
21        prior  to  the  issuance  of the CAAPP permit, the Agency
22        shall include in the  permit  the  promulgated  standard,
23        provided that the source shall have the compliance period
24        provided under Section 112(i) of the Clean Air Act. Where
25        USEPA  promulgates  an  applicable standard subsequent to
26        the issuance of the CAAPP permit, the Agency shall revise
27        such  permit  upon  the  next  renewal  to  reflect   the
28        promulgated standard, providing a reasonable time for the
29        applicable  source  to  comply  with the standard, but no
30        longer than 8 years after the date on which the source is
31        first required to comply with  the  emissions  limitation
32        established under this subsection.
33             c.  The Agency shall have the authority to implement
34        and   enforce  complete  or  partial  emission  standards
 
SB1903 Enrolled            -297-     LRB093 08682 RCE 08912 b
 1        promulgated by USEPA  pursuant  to  Section  112(d),  and
 2        standards  promulgated  by  USEPA  pursuant  to  Sections
 3        112(f),  112(h),  112(m),  and  112(n),  and  may  accept
 4        delegation  of  authority  from  USEPA  to  implement and
 5        enforce  Section  112(l)   and   requirements   for   the
 6        prevention  and detection of accidental releases pursuant
 7        to Section 112(r) of the Clean Air Act.
 8             d.  The Agency shall have  the  authority  to  issue
 9        permits  pursuant  to  Section 112(i)(5) of the Clean Air
10        Act.
11             e.  The  Agency  has  the  authority  to   implement
12        Section  112(g)  of the Clean Air Act consistent with the
13        Clean  Air  Act  and  federal   regulations   promulgated
14        thereunder. If the Agency refuses to include the emission
15        limitations  proposed  in  an application submitted by an
16        owner or operator for a case-by-case  maximum  achievable
17        control  technology  (MACT)  determination,  the owner or
18        operator may petition the Board to determine whether  the
19        emission  limitation proposed by the owner or operator or
20        an alternative emission limitation proposed by the Agency
21        provides for a level of control required by  Section  112
22        of  the  Clean  Air  Act,  or  to  otherwise establish an
23        appropriate emission limitation under Section 112 of  the
24        Clean Air Act.

25        20.  Small Business.
26             a.  For purposes of this subsection:
27             "Program"  is  the  Small Business Stationary Source
28        Technical and Environmental Compliance Assistance Program
29        created within this State pursuant to Section 507 of  the
30        Clean  Air  Act  and  guidance promulgated thereunder, to
31        provide technical assistance and  compliance  information
32        to small business stationary sources;
33             "Small  Business  Assistance Program" is a component
34        of  the  Program  responsible  for  providing  sufficient
 
SB1903 Enrolled            -298-     LRB093 08682 RCE 08912 b
 1        communications  with   small   businesses   through   the
 2        collection  and  dissemination  of  information  to small
 3        business stationary sources; and
 4             "Small   Business   Stationary   Source"   means   a
 5        stationary source that:
 6                  1.  is owned  or  operated  by  a  person  that
 7             employs 100 or fewer individuals;
 8                  2.  is  a  small business concern as defined in
 9             the "Small Business Act";
10                  3.  is not a  major  source  as  that  term  is
11             defined in subsection 2 of this Section;
12                  4.  does  not  emit 50 tons or more per year of
13             any regulated air pollutant; and
14                  5.  emits less than 75 tons  per  year  of  all
15             regulated pollutants.
16             b.  The  Agency  shall  adopt  and  submit to USEPA,
17        after  reasonable  notice  and  opportunity  for   public
18        comment,   as   a   revision   to   the   Illinois  state
19        implementation plan, plans for establishing the Program.
20             c.  The Agency shall have  the  authority  to  enter
21        into  such  contracts  and agreements as the Agency deems
22        necessary to carry out the purposes of this subsection.
23             d.  The Agency may establish such procedures  as  it
24        may  deem  necessary for the purposes of implementing and
25        executing its responsibilities under this subsection.
26             e.  There  shall  be  appointed  a  Small   Business
27        Ombudsman  (hereinafter in this subsection referred to as
28        "Ombudsman") to monitor  the  Small  Business  Assistance
29        Program.  The Ombudsman shall be a nonpartisan designated
30        official,   with  the  ability  to  independently  assess
31        whether the goals of the Program are being met.
32             f.  The State Ombudsman Office shall be  located  in
33        an  existing  Ombudsman office within the State or in any
34        State Department.
 
SB1903 Enrolled            -299-     LRB093 08682 RCE 08912 b
 1             g.  There  is  hereby  created  a  State  Compliance
 2        Advisory Panel (hereinafter in this  subsection  referred
 3        to  as "Panel") for determining the overall effectiveness
 4        of the Small  Business  Assistance  Program  within  this
 5        State.
 6             h.  The  selection  of Panel members shall be by the
 7        following method:
 8                  1.  The Governor shall select two  members  who
 9             are not owners or representatives of owners of small
10             business stationary sources to represent the general
11             public;
12                  2.  The Director of the Agency shall select one
13             member to represent the Agency; and
14                  3.  The  State  Legislature  shall  select four
15             members who are owners or representatives of  owners
16             of  small  business  stationary  sources.   Both the
17             majority and minority leadership in both  Houses  of
18             the  Legislature  shall  appoint  one  member of the
19             panel.
20             i.  Panel members should serve without  compensation
21        but   will   receive   full  reimbursement  for  expenses
22        including travel and per diem as authorized  within  this
23        State.
24             j.  The  Panel  shall  select  its  own  Chair  by a
25        majority vote.  The Chair may meet and consult  with  the
26        Ombudsman  and  the head of the Small Business Assistance
27        Program in planning the activities for the Panel.

28        21.  Temporary Sources.
29             a.  The Agency may issue a single permit authorizing
30        emissions from similar  operations  by  the  same  source
31        owner or operator at multiple temporary locations, except
32        for   sources   which   are  affected  sources  for  acid
33        deposition under Title IV of the Clean Air Act.
34             b.  The  applicant   must   demonstrate   that   the
 
SB1903 Enrolled            -300-     LRB093 08682 RCE 08912 b
 1        operation  is  temporary  and  will  involve at least one
 2        change of location during the term of the permit.
 3             c.  Any  such  permit  shall  meet  all   applicable
 4        requirements  of this Section and applicable regulations,
 5        and  include  conditions  assuring  compliance  with  all
 6        applicable requirements at all authorized  locations  and
 7        requirements that the owner or operator notify the Agency
 8        at least 10 days in advance of each change in location.

 9        22.  Solid Waste Incineration Units.
10             a.  A  CAAPP  permit  for a solid waste incineration
11        unit combusting  municipal  waste  subject  to  standards
12        promulgated  under  Section  129(e)  of the Clean Air Act
13        shall be issued for a period of 12  years  and  shall  be
14        reviewed  every  5 years, unless the Agency requires more
15        frequent review through Agency procedures.
16             b.  During the  review  in  paragraph  (a)  of  this
17        subsection,  the Agency shall fully review the previously
18        submitted  CAAPP  permit  application  and  corresponding
19        reports subsequently submitted to determine  whether  the
20        source is in compliance with all applicable requirements.
21             c.  If  the Agency determines that the source is not
22        in compliance with all applicable requirements  it  shall
23        revise the CAAPP permit as appropriate.
24             d.  The  Agency  shall  have  the authority to adopt
25        procedural  rules,  in  accordance  with   the   Illinois
26        Administrative   Procedure   Act,  as  the  Agency  deems
27        necessary, to implement this subsection.
28    (Source: P.A. 92-24, eff. 7-1-01.)

29        (415 ILCS 5/56.4) (from Ch. 111 1/2, par. 1056.4)
30        Sec. 56.4. Medical waste manifests.
31        (a)  Manifests for potentially infectious  medical  waste
32    shall consist of an original (the first page of the form) and
33    3  copies.   Upon  delivery of potentially infectious medical
 
SB1903 Enrolled            -301-     LRB093 08682 RCE 08912 b
 1    waste by a generator to a transporter, the transporter  shall
 2    deliver  one copy of the completed manifest to the generator.
 3    Upon delivery of potentially infectious medical  waste  by  a
 4    transporter   to   a  treatment  or  disposal  facility,  the
 5    transporter shall keep one copy of  the  completed  manifest,
 6    and  the  transporter shall deliver the original and one copy
 7    of the  completed  manifest  to  the  treatment  or  disposal
 8    facility.   The treatment or disposal facility shall keep one
 9    copy of the completed manifest and return the original to the
10    generator within 35 days.  The manifest, as provided  for  in
11    this  Section,  shall  not  terminate while being transferred
12    between the  generator,  transporter,  transfer  station,  or
13    storage facility, unless transfer activities are conducted at
14    the  treatment  or  disposal  facility.   The  manifest shall
15    terminate at the treatment or disposal facility.
16        (b)  Potentially infectious medical waste manifests shall
17    be  in  a  form  prescribed  and  provided  by  the   Agency.
18    Generators and transporters of potentially infectious medical
19    waste and facilities accepting potentially infectious medical
20    waste  are not required to submit copies of such manifests to
21    the Agency. The manifest described in this Section  shall  be
22    used for the transportation of potentially infectious medical
23    waste  instead  of the manifest described in Section 22.01 of
24    this Act. Copies of each manifest shall  be  retained  for  3
25    years  by generators, transporters, and facilities, and shall
26    be available for inspection and copying by the Agency.
27        (c)  The Agency shall assess a fee  of  $4.00  $2.00  for
28    each  potentially  infectious medical waste manifest provided
29    by the Agency.
30        (d)  All fees collected by the Agency under this  Section
31    shall  be  deposited into the Environmental Protection Permit
32    and Inspection Fund.  The  Agency  may  establish  procedures
33    relating  to  the collection of fees under this Section.  The
34    Agency shall not  refund  any  fee  paid  to  it  under  this
 
SB1903 Enrolled            -302-     LRB093 08682 RCE 08912 b
 1    Section.
 2    (Source: P.A. 90-773, eff. 8-14-98.)

 3        (415 ILCS 5/56.5) (from Ch. 111 1/2, par. 1056.5)
 4        Sec. 56.5. Medical waste hauling fees.
 5        (a)  The  Agency shall annually collect a $2000 $1000 fee
 6    for each potentially infectious medical waste hauling  permit
 7    application and, in addition, shall collect a fee of $250 for
 8    each  potentially  infectious  medical  waste hauling vehicle
 9    identified in the annual  permit  application  and  for  each
10    vehicle that is added to the permit during the annual period.
11    Each applicant required to pay a fee under this Section shall
12    submit the fee along with the permit application.  The Agency
13    shall deny any permit application for which a fee is required
14    under this Section that does not contain the appropriate fee.
15        (b)  All  fees collected by the Agency under this Section
16    shall be deposited into the Environmental  Protection  Permit
17    and  Inspection  Fund.    The Agency may establish procedures
18    relating to the collection of fees under this  Section.   The
19    Agency  shall  not  refund  any  fee  paid  to  it under this
20    Section.
21        (c)  The Agency  shall  not  collect  a  fee  under  this
22    Section  from  any  hospital that transports only potentially
23    infectious medical waste generated by its own  activities  or
24    by members of its medical staff.
25    (Source: P.A. 87-752.)

26        (415 ILCS 5/56.6) (from Ch. 111 1/2, par. 1056.6)
27        Sec. 56.6. Medical waste transportation fees.
28        (a)  The  Agency  shall  collect from each transporter of
29    potentially infectious  medical  waste  required  to  have  a
30    permit  under Section 56.1(f) of this Act a fee in the amount
31    of 3 1.5 cents per pound of  potentially  infectious  medical
32    waste  transported.   The  Agency  shall  collect  from  each
 
SB1903 Enrolled            -303-     LRB093 08682 RCE 08912 b
 1    transporter  of  potentially  infectious  medical  waste  not
 2    required to have a permit under Section 56.1(f)(1)(A) of this
 3    Act  a  fee  in  the  amount  of  3  1.5  cents  per pound of
 4    potentially infectious medical waste transported to a site or
 5    facility  not  owned,  controlled,   or   operated   by   the
 6    transporter.  The Agency shall deny any permit required under
 7    Section  56.1(f)  of  this Act from any applicant who has not
 8    paid to the Agency all fees due under this Section.
 9        A fee  in  the  amount  of  3  1.5  cents  per  pound  of
10    potentially  infectious  medical  waste shall be collected by
11    the  Agency  from  a  potentially  infectious  medical  waste
12    storage site  or  treatment  facility  receiving  potentially
13    infectious  medical waste, unless the fee has been previously
14    paid by a transporter.
15        (b)  The Agency shall  establish  procedures,  not  later
16    than  January 1, 1992, relating to the collection of the fees
17    authorized by this Section.  These procedures shall  include,
18    but  not be limited to: (i) necessary records identifying the
19    quantities   of   potentially   infectious   medical    waste
20    transported;  (ii)  the  form  and  submission  of reports to
21    accompany the payment of fees to the Agency;  and  (iii)  the
22    time  and  manner  of  payment  of  fees to the Agency, which
23    payments shall be not more often than quarterly.
24        (c)  All fees collected by the Agency under this  Section
25    shall  be  deposited into the Environmental Protection Permit
26    and Inspection Fund.  The  Agency  may  establish  procedures
27    relating  to  the collection of fees under this Section.  The
28    Agency shall not  refund  any  fee  paid  to  it  under  this
29    Section.
30        (d)  The  Agency  shall  not  collect  a  fee  under this
31    Section from a  person  transporting  potentially  infectious
32    medical  waste  to  a hospital when the person is a member of
33    the hospital's medical staff.
34    (Source: P.A. 87-752; 87-1097.)
 
SB1903 Enrolled            -304-     LRB093 08682 RCE 08912 b
 1        Section 75-55.  The Illinois Pesticide Act is amended  by
 2    changing Sections 6 and 22.1 as follows:

 3        (415 ILCS 60/6) (from Ch. 5, par. 806)
 4        Sec. 6.  Registration.
 5        1.  Every  pesticide  which is distributed, sold, offered
 6    for sale within this State, delivered for  transportation  or
 7    transported  in  interstate commerce or between points within
 8    the State through any  point  outside  the  State,  shall  be
 9    registered with the Director or his designated agent, subject
10    to  provisions  of  this  Act.   Such  registration  shall be
11    renewed annually with registrations expiring December 31 each
12    year.  Registration is not required if a pesticide is shipped
13    from one plant or warehouse to another plant or warehouse  by
14    the same person and is used solely at such plant or warehouse
15    as a constituent part to make a pesticide which is registered
16    under provisions of this Act and FIFRA.
17        2.  Registration  applicant  shall  file a statement with
18    the Director which shall include:
19             A.  The name and address of the  applicant  and  the
20        name  and address of the person whose name will appear on
21        the label if different from the applicant's.
22             B.  The name of the pesticide.
23             C.  A  copy  of  the   labeling   accompanying   the
24        pesticide  under  customary  conditions  of distribution,
25        sale and use, including ingredient  statement,  direction
26        for use, use classification, and precautionary or warning
27        statements.
28        3.  The  Director  may require the submission of complete
29    formula data.
30        4.  The Director may require a full description of  tests
31    made  and  the  results  thereof,  upon  which the claims are
32    based, for any pesticide not registered pursuant to FIFRA, or
33    on any pesticide under consideration  to  be  classified  for
 
SB1903 Enrolled            -305-     LRB093 08682 RCE 08912 b
 1    restricted use.
 2             A.  The  Director will not consider data he required
 3        of the initial registrant of a pesticide  in  support  of
 4        another  applicants'  registration  unless the subsequent
 5        applicant has obtained written  permission  to  use  such
 6        data.
 7             B.  In   the   case  of  renewal  registration,  the
 8        Director may accept a  statement  only  with  respect  to
 9        information   which  is  different  from  that  furnished
10        previously.
11        5.  The Director  may  prescribe  other  requirements  to
12    support a pesticide registration by regulation.
13        6.  For the years preceding the year 2004, any registrant
14    desiring  to  register a pesticide product at any time during
15    one year shall pay the annual registration fee  of  $100  per
16    product registered for that applicant. For the years 2004 and
17    thereafter,  the  annual product registration fee is $200 per
18    product $130.
19        In addition, for the years preceding the  year  2004  any
20    business  registering  a pesticide product at any time during
21    one year shall pay the annual business  registration  fee  of
22    $250.  For the years 2004 and thereafter, the annual business
23    registration  fee  shall  be $400 $300.  Each legal entity of
24    the business shall pay the annual business registration fee.
25        For the years preceding  the  year  2004,  any  applicant
26    requesting  an  experimental  use permit shall pay the annual
27    fee of $100 per permit and all special local  need  pesticide
28    registration  applicants  shall pay an annual fee of $100 per
29    product. For  the  years  2004  and  thereafter,  the  annual
30    experimental  use permit fee and special local need pesticide
31    registration fee is $200 per  permit  $130.   Subsequent  SLN
32    registrations  for  a  pesticide  already registered shall be
33    exempted from the registration fee.
34             A.  All registration accepted and  approved  by  the
 
SB1903 Enrolled            -306-     LRB093 08682 RCE 08912 b
 1        Director  shall expire on the 31st day of December in any
 2        one year unless cancelled.  Registration  for  a  special
 3        local  need  may be granted for a specific period of time
 4        with the approval date and expiration date specified.
 5             B.  If a registration for special local need granted
 6        by  the  Director  does  not  receive  approval  of   the
 7        Administrator  of USEPA, the registration shall expire on
 8        the date of the Administrator's disapproval.
 9        7.  Registrations approved and accepted by  the  Director
10    and  in effect on the 31st day of December, for which renewal
11    application is made, shall continue in full force and  effect
12    until  the  Director notifies the registrant that the renewal
13    has been approved and accepted or the registration is  denied
14    under  this Act.  Renewal registration forms will be provided
15    to applicants by the Director.
16        8.  If the renewal of a  pesticide  registration  is  not
17    filed  within  30  days  of the date of expiration, a penalty
18    late registration assessment of $300 $200 per  product  shall
19    apply  in lieu of the normal annual product registration fee.
20    The late registration assessment  shall  not  apply   if  the
21    applicant   furnishes   an   affidavit   certifying  that  no
22    unregulated pesticide was  distributed  or  sold  during  the
23    period  of registration.  The late assessment is not a bar to
24    prosecution for doing business without proper registry.
25        9.  The Director may prescribe  by  regulation  to  allow
26    pesticide use for a special local need, pursuant to FIFRA.
27        10.  The   Director   may  prescribe  by  regulation  the
28    provisions for and requirements of  registering  a  pesticide
29    intended for experimental use.
30        11.  The Director shall not make any lack of essentiality
31    a  criterion  for  denial  of  registration of any pesticide.
32    Where 2 pesticides meet the requirements, one should  not  be
33    registered in preference to the other.
34        12.  It  shall be the duty of the pesticide registrant to
 
SB1903 Enrolled            -307-     LRB093 08682 RCE 08912 b
 1    properly dispose of any pesticide the registration  of  which
 2    has   been  suspended,  revoked  or  cancelled  or  which  is
 3    otherwise not properly registered in the State.
 4    (Source: P.A. 90-205, eff. 1-1-98.)

 5        (415 ILCS 60/22.1) (from Ch. 5, par. 822.1)
 6        Sec. 22.1.  Pesticide  Control  Fund.   There  is  hereby
 7    created  in  the State Treasury a special fund to be known as
 8    the Pesticide Control Fund. All  registration,  penalty   and
 9    license fees collected by the Department pursuant to this Act
10    shall  be  deposited  into  the  Fund.   The  amount annually
11    collected as  fees  shall  be  appropriated  by  the  General
12    Assembly  to  the Department for the purposes of conducting a
13    public educational program on the proper use  of  pesticides,
14    for  other activities related to the enforcement of this Act,
15    and for administration of the Insect Pest and  Plant  Disease
16    Act.  However, the increase in fees in Sections 6, 10, and 13
17    of this Act resulting from this amendatory Act of 1990  shall
18    be used by the Department for the purpose of carrying out the
19    Department's powers and duties as set forth in paragraph 8 of
20    Section  19  of  this Act. The monies collected under Section
21    13.1 of this Act  shall  be  deposited  in  the  Agrichemical
22    Incident  Response  Fund. In addition, for the years 2004 and
23    thereafter,  $125   of   each   pesticide   annual   business
24    registration  fee  and  $50  of each pesticide product annual
25    registration fee collected  by  the  Department  pursuant  to
26    Section  6, paragraph 6 of this Act shall be deposited by the
27    Department directly into the State's General Revenue Fund.
28    (Source: P.A. 90-372, eff. 7-1-98.)

29        Section 75-58.  The Alternate Fuels  Act  is  amended  by
30    changing Sections 35 and 40 as follows:

31        (415 ILCS 120/35)
 
SB1903 Enrolled            -308-     LRB093 08682 RCE 08912 b
 1        Sec. 35.  User fees.
 2        (a)  During  fiscal years 1999, 2000, 2001, and 2002  The
 3    Office of the Secretary of State shall  collect  annual  user
 4    fees   from   any   individual,   partnership,   association,
 5    corporation,  or  agency of the United States government that
 6    registers any combination of 10  or  more  of  the  following
 7    types of motor vehicles in the Covered Area:  (1) vehicles of
 8    the  First Division, as defined in the Illinois Vehicle Code;
 9    (2) vehicles of the Second Division registered under  the  B,
10    D,  F,  H, MD, MF, MG, MH and MJ plate categories, as defined
11    in the Illinois Vehicle  Code;  and  (3)  commuter  vans  and
12    livery  vehicles  as  defined  in  the Illinois Vehicle Code.
13    This Section does not apply to vehicles registered under  the
14    International  Registration Plan under Section 3-402.1 of the
15    Illinois Vehicle Code.  The user fee shall be  $20  for  each
16    vehicle  registered in the Covered Area for each fiscal year.
17    The Office of the Secretary of State shall  collect  the  $20
18    when a vehicle's registration fee is paid.
19        (b)  Owners   of  State,  county,  and  local  government
20    vehicles,  rental  vehicles,   antique   vehicles,   electric
21    vehicles,  and  motorcycles  are  exempt from paying the user
22    fees on such vehicles.
23        (c)  The Office of the Secretary of State  shall  deposit
24    the user fees collected into the Alternate Fuels Fund.
25    (Source: P.A. 92-858, eff. 1-3-03.)

26        (415 ILCS 120/40)
27        Sec. 40.  Appropriations from the Alternate Fuels Fund.
28        (a)  User  Fees  Funds.  The  Agency  shall  estimate the
29    amount of user fees expected to be collected under Section 35
30    of this Act for each fiscal year years 1999, 2000, 2001,  and
31    2002.  User fee funds shall be deposited into and distributed
32    from the Alternate Fuels Fund in the following manner:
33             (1)  In  each  of fiscal years 1999, 2000, 2001, and
 
SB1903 Enrolled            -309-     LRB093 08682 RCE 08912 b
 1        2002, and 2003, an amount not  to  exceed  $200,000,  and
 2        beginning  in  fiscal  year  2004 an annual amount not to
 3        exceed $225,000, may be appropriated to the  Agency  from
 4        the   Alternate   Fuels   Fund   to   pay  its  costs  of
 5        administering the programs authorized by  Section  30  of
 6        this  Act.   Up  to  $200,000  may be appropriated to the
 7        Office of the Secretary of State in each of fiscal  years
 8        1999,  2000,  2001, and 2002, and 2003 from the Alternate
 9        Fuels Fund to pay  the  Secretary  of  State's  costs  of
10        administering  the  programs  authorized  under this Act.
11        Beginning in fiscal year 2004 and  in  each  fiscal  year
12        thereafter,  an  amount  not  to  exceed  $225,000 may be
13        appropriated to the Secretary of State from the Alternate
14        Fuels Fund to pay  the  Secretary  of  State's  costs  of
15        administering the programs authorized under this Act.
16             (2)  In  fiscal  years  1999,  2000, 2001, and 2002,
17        after appropriation of the amounts authorized by item (1)
18        of subsection (a) of this Section, the  remaining  moneys
19        estimated  to  be collected during each fiscal year shall
20        be appropriated as follows: 80% of the  remaining  moneys
21        shall  be appropriated to fund the programs authorized by
22        Section 30, and 20% shall be  appropriated  to  fund  the
23        programs  authorized  by Section 25.  In fiscal year 2004
24        and each fiscal year thereafter, after  appropriation  of
25        the  amounts  authorized by item (1) of subsection (a) of
26        this  Section,  the  remaining  moneys  estimated  to  be
27        collected during each fiscal year shall  be  appropriated
28        as  follows:   70%  of  the  remaining  moneys  shall  be
29        appropriated  to  fund the programs authorized by Section
30        30 and 30% shall be appropriated  to  fund  the  programs
31        authorized by Section 31.
32             (3)  (Blank).   Additional   appropriations  to  the
33        Agency from the Alternate Fuels Fund to pay its costs  of
34        administering  the  programs  authorized by Section 30 of
 
SB1903 Enrolled            -310-     LRB093 08682 RCE 08912 b
 1        this Act may be made in fiscal years following 2002,  not
 2        to  exceed  the amount of $200,000 in any fiscal year, if
 3        funds are still available and  program  costs  are  still
 4        being incurred.
 5             (4)  Moneys   appropriated   to  fund  the  programs
 6        authorized in Sections 25 and 30 shall be  expended  only
 7        after  they  have  been  collected and deposited into the
 8        Alternate Fuels Fund.
 9        (b)  General Revenue Fund Appropriations. General Revenue
10    Fund amounts appropriated to and deposited into the Alternate
11    Fuels Fund shall be distributed from the Alternate Fuels Fund
12    in the following manner:
13             (1)  In each of  fiscal  years  2003  and  2004,  an
14        amount  not  to exceed $50,000 may be appropriated to the
15        Department of Commerce and  Community  Affairs  from  the
16        Alternate  Fuels  Fund  to pay its costs of administering
17        the programs authorized by Sections 31 and 32.
18             (2)  In each of  fiscal  years  2003  and  2004,  an
19        amount  not  to exceed $50,000 may be appropriated to the
20        Department of Commerce and Community Affairs to fund  the
21        programs authorized by Section 32.
22             (3)  In  each  of  fiscal years 2003 and 2004, after
23        appropriation of the amounts authorized in items (1)  and
24        (2)  of  subsection  (b)  of  this Section, the remaining
25        moneys received from the General Revenue  Fund  shall  be
26        appropriated  as follows: 52.632% of the remaining moneys
27        shall be appropriated to fund the programs authorized  by
28        Sections  25  and  30 and 47.368% of the remaining moneys
29        shall be appropriated to fund the programs authorized  by
30        Section  31.     The  moneys  appropriated  to  fund  the
31        programs  authorized  by Sections 25 and 30 shall be used
32        as follows: 20%  shall  be  used  to  fund  the  programs
33        authorized  by  Section 25, and 80% shall be used to fund
34        the programs authorized by Section 30.
 
SB1903 Enrolled            -311-     LRB093 08682 RCE 08912 b
 1        Moneys appropriated to fund the  programs  authorized  in
 2    Section  31  shall  be  expended  only  after  they have been
 3    deposited into the Alternate Fuels Fund.
 4    (Source: P.A. 92-858, eff. 1-3-03.)

 5        Section 75-65.  The Boiler and Pressure Vessel Safety Act
 6    is amended by changing Section 13 as follows:

 7        (430 ILCS 75/13) (from Ch. 111 1/2, par. 3214)
 8        Sec. 13.  Inspection fees.    The  owner  or  user  of  a
 9    boiler  or  pressure  vessel  required  by  this  Act  to  be
10    inspected  by  the  Chief  Inspector  or his Deputy Inspector
11    shall pay directly to the Office of the State  Fire  Marshal,
12    upon completion of inspection, fees established by the Board.
13        On  and  after  October  1,  2003,  50%  of  the fees for
14    certification of boilers and pressure vessels as described in
15    Section 11 shall be deposited into the General  Revenue  Fund
16    and  the  remaining  fees  received  under  this Act shall be
17    deposited in the Fire Prevention Fund.
18    (Source: P.A. 88-608, eff. 1-1-95; 89-467, eff. 1-1-97.)

19        Section 75-70.  The Illinois Commercial Feed Act of  1961
20    is amended by changing Sections 6 and 14.3 as follows:

21        (505 ILCS 30/6) (from Ch. 56 1/2, par. 66.6)
22        Sec. 6. Inspection fees and reports.
23        (a)  An inspection fee at the rate of 20 16 cents per ton
24    shall  be paid to the Director on commercial feed distributed
25    in this  State  by  the  person  who  first  distributes  the
26    commercial feed subject to the following:
27             (1)  The inspection fee is not required on the first
28        distribution,  if  made  to  an  Exempt  Buyer,  who with
29        approval from the Director, will become  responsible  for
30        the fee.
 
SB1903 Enrolled            -312-     LRB093 08682 RCE 08912 b
 1             (2)  Customer-formula  feeds  are hereby exempted if
 2        the inspection fee is paid on the commercial feeds  which
 3        they contain.
 4             (3)  A fee shall not be paid on a commercial feed if
 5        the payment has been made by a previous distributor.
 6             (4)  In  the case of pet food and specialty pet food
 7        which are distributed in the  State  in  packages  of  10
 8        pounds or less, an annual fee of $75 $50 shall be paid in
 9        lieu of an inspection fee. The inspection fee required by
10        subsection  (a) shall apply to pet food and specialty pet
11        food distribution in packages exceeding 10  pounds.   All
12        fees  collected  pursuant  to  this Section shall be paid
13        into the Feed Control Fund in the State Treasury.
14        (b)  The minimum inspection fee  shall  be  $25  every  6
15    months.
16        (c)  Each  person  who  is  liable for the payment of the
17    inspection fee shall:
18             (1)  File, not later than the last  day  of  January
19        and  July  of  each  year,  a statement setting forth the
20        number of net tons of  commercial  feeds  distributed  in
21        this State during the preceding calendar 6 months period;
22        and  upon  filing such statement shall pay the inspection
23        fee at the rate stated in paragraph (a) of this  Section.
24        This  report  shall be made on a summary form provided by
25        the Director  or  on  other  forms  as  approved  by  the
26        Director.   If  the  tonnage  report is not filed and the
27        inspection fee is not paid within 15 days after  the  end
28        of  the  filing date a collection fee amounting to 10% of
29        the inspection fee  that  is  due  or  $50  whichever  is
30        greater,  shall  be  assessed  against  the person who is
31        liable for the payment of the inspection fee in  addition
32        to the inspection fee that is due.
33             (2)  Keep  such  records  as  may  be  necessary  or
34        required  by  the  Director  to  indicate  accurately the
 
SB1903 Enrolled            -313-     LRB093 08682 RCE 08912 b
 1        tonnage of commercial feed distributed in this State, and
 2        the Director shall have the right to examine such records
 3        to verify statements  of  tonnage.  Failure  to  make  an
 4        accurate  statement  of  tonnage or to pay the inspection
 5        fee  or  comply  as  provided  herein  shall   constitute
 6        sufficient    cause   for   the   cancellation   of   all
 7        registrations  or  firm  licenses   on   file   for   the
 8        manufacturer or distributor.
 9    (Source: P.A. 87-664.)

10        (505 ILCS 30/14.3) (from Ch. 56 1/2, par. 66.14.3)
11        Sec.  14.3.  Feed  Control  Fund. There is created in the
12    State Treasury a special fund to be known as the Feed Control
13    Fund.  All  firm  license,  inspection,  and   penalty   fees
14    collected by the Department under this Act shall be deposited
15    in the Feed Control Fund. In addition, for the years 2004 and
16    thereafter,   $22   of  each  annual  fee  collected  by  the
17    Department pursuant to Section 6, paragraph  4  of  this  Act
18    shall  be  deposited  by  the  Department  directly  into the
19    State's General Revenue Fund. the amount  annually  collected
20    as  fees shall be appropriated by the General Assembly to the
21    Department for activities related to the enforcement of  this
22    Act.
23    (Source: P.A. 87-664.)

24        Section   75-75.   The Illinois Fertilizer Act of 1961 is
25    amended by changing Sections 4 and 6 as follows:

26        (505 ILCS 80/4) (from Ch. 5, par. 55.4)
27        Sec. 4. Registration.
28        (a)  Each brand and grade of commercial fertilizer  shall
29    be  registered  before  being  distributed in this State. The
30    application for registration shall be submitted with a  label
31    or facsimile of same to the Director on form furnished by the
 
SB1903 Enrolled            -314-     LRB093 08682 RCE 08912 b
 1    Director,  and  shall  be  accompanied by a fee of $10 $5 per
 2    grade within a brand. Upon approval by the Director a copy of
 3    the registration shall be furnished  to  the  applicant.  All
 4    registrations expire on December 31 of each year.
 5        The application shall include the following information:
 6        (1)  The net weight
 7        (2)  The brand and grade
 8        (3)  The guaranteed analysis
 9        (4)  The name and address of the registrant.
10        (b)  A  distributor shall not be required to register any
11    brand of commercial fertilizer or custom mix which is already
12    registered under this Act by another person.
13        (c)  The  plant  nutrient  content  of  each  and   every
14    commercial  fertilizer  must remain uniform for the period of
15    registration and, in no case, shall  the  percentage  of  any
16    guaranteed plant nutrient element be changed in such a manner
17    that  the crop-producing quality of the commercial fertilizer
18    is lowered.
19        (d)  Each custom mixer shall register annually  with  the
20    Director  on forms furnished by the Director. The application
21    for registration shall be accompanied by a fee of $50 $25.00,
22    unless the custom mixer  elects  to  register  each  mixture,
23    paying  a  fee of $10 $5.00 per mixture. Upon approval by the
24    Director, a copy of the registration shall  be  furnished  to
25    the  applicant.  All  registrations  expire on December 31 of
26    each year.
27        (e)  A custom mix as defined in  section  3(f),  prepared
28    for  one  consumer  shall  not  be co-mingled with the custom
29    mixed fertilizer prepared for another consumer.
30        (f)  All fees collected pursuant to this Section shall be
31    paid into the State treasury.
32    (Source: Laws 1967, p. 297.)

33        (505 ILCS 80/6) (from Ch. 5, par. 55.6)
 
SB1903 Enrolled            -315-     LRB093 08682 RCE 08912 b
 1        Sec. 6. Inspection fees.
 2        (a)  There  shall  be  paid  to  the  Director  for   all
 3    commercial  fertilizers  or  custom  mix  distributed in this
 4    State an inspection fee at the rate of 25¢ 20¢ per ton. Sales
 5    to  manufacturers  or  exchanges  between  them  are   hereby
 6    exempted from the inspection fee.
 7        On  individual  packages  of  commercial or custom mix or
 8    specialty fertilizers containing 5 pounds or less, or  if  in
 9    liquid  form  containers  of 4,000 cubic centimeters or less,
10    there shall be paid instead of the 25¢ 20¢ per ton inspection
11    fee, an annual inspection fee of $25 for each grade within  a
12    brand sold or distributed. Where a person sells commercial or
13    custom  mix  or specialty fertilizers in packages of 5 pounds
14    or less, or 4,000 cubic centimeters  or  less  if  in  liquid
15    form,  and  also  sells  in  larger packages than 5 pounds or
16    liquid containers larger than 4,000 cubic  centimeters,  this
17    annual  inspection  fee  of  $25 applies only to that portion
18    sold  in  packages  of  5  pounds  or  less  or  4,000  cubic
19    centimeters or less, and that portion sold in larger packages
20    or containers shall be subject to the same inspection fee  of
21    25¢  20¢  per ton as provided in this Act. The increased fees
22    shall be effective after June 30, 1989.
23        (b)  Every person who distributes a commercial fertilizer
24    or custom mix in this State shall file with the Director,  on
25    forms  furnished by the Director, a semi-annual statement for
26    the periods ending June 30 and December 31, setting forth the
27    number of net tons of each grade  of  commercial  fertilizers
28    within a brand or the net tons of custom mix distributed. The
29    report  shall  be  due on or before the 15th day of the month
30    following the close of each semi-annual period and  upon  the
31    statement  shall pay the inspection fee at the rate stated in
32    paragraph (a) of this Section.
33        One half of the 25¢ 20¢ per ton inspection fee  shall  be
34    paid  into  the  Fertilizer  Control  Fund and all other fees
 
SB1903 Enrolled            -316-     LRB093 08682 RCE 08912 b
 1    collected under this Section shall be  paid  into  the  State
 2    treasury.
 3        If  the  tonnage  report  is not filed and the payment of
 4    inspection fee is not made within 30 days after  the  end  of
 5    the  semi-annual  period,  a  collection fee amounting to 10%
 6    (minimum $10) of the amount shall  be  assessed  against  the
 7    registrant.  The  amount  of fees due shall constitute a debt
 8    and become the basis of a judgment  against  the  registrant.
 9    Upon  the written request to the Director additional time may
10    be granted past the normal date  of  filing  the  semi-annual
11    statement.
12        When more than one person is involved in the distribution
13    of   a   commercial   fertilizer,  the  last  registrant  who
14    distributes to the non-registrant  (dealer  or  consumer)  is
15    responsible   for   reporting  the  tonnage  and  paying  the
16    inspection fee.
17    (Source: P.A. 86-232; 87-14.)

18        Section  75-80.  The Illinois Vehicle Code is amended  by
19    changing Sections 2-119, 2-123, 2-124, 3-403, 3-405.1, 3-811,
20    5-101,   5-102,  6-118,  7-707,  18c-1501,  18c-1502.05,  and
21    18c-1502.10 and by adding Section 3-806.5 as follows:

22        (625 ILCS 5/2-119) (from Ch. 95 1/2, par. 2-119)
23        Sec. 2-119. Disposition of fees and taxes.
24        (a)  All moneys received from Salvage Certificates  shall
25    be deposited in the Common School Fund in the State Treasury.
26        (b)  Beginning  January  1,  1990 and concluding December
27    31, 1994, of the money  collected  for  each  certificate  of
28    title,   duplicate   certificate   of   title  and  corrected
29    certificate of title, $0.50 shall be deposited into the  Used
30    Tire   Management   Fund.   Beginning  January  1,  1990  and
31    concluding December 31, 1994, of the money collected for each
32    certificate of title,  duplicate  certificate  of  title  and
 
SB1903 Enrolled            -317-     LRB093 08682 RCE 08912 b
 1    corrected  certificate  of title, $1.50 shall be deposited in
 2    the Park and Conservation Fund.
 3        Beginning January 1, 1995, of  the  money  collected  for
 4    each certificate of title, duplicate certificate of title and
 5    corrected  certificate of title, $2 shall be deposited in the
 6    Park and Conservation Fund.  The moneys deposited in the Park
 7    and Conservation Fund pursuant to this Section shall be  used
 8    for the acquisition and development of bike paths as provided
 9    for in Section 805-420 of the Department of Natural Resources
10    (Conservation) Law (20 ILCS 805/805-420).
11        Beginning January 1, 2000 and continuing through December
12    31,  2004,  of  the  moneys collected for each certificate of
13    title,  duplicate  certificate  of   title,   and   corrected
14    certificate  of  title,  $48 shall be deposited into the Road
15    Fund and $4 shall be deposited into the Motor Vehicle License
16    Plate Fund, except that if the balance in the  Motor  Vehicle
17    License  Plate  Fund exceeds $40,000,000 on the last day of a
18    calendar month, then during the next calendar  month  the  $4
19    shall instead be deposited into the Road Fund.
20        Beginning  January  1,  2005, of the moneys collected for
21    each certificate of title, duplicate  certificate  of  title,
22    and  corrected  certificate  of title, $52 shall be deposited
23    into the Road Fund.
24        Except as otherwise provided in this Code, all  remaining
25    moneys  collected  for  certificates of title, and all moneys
26    collected for filing of security interests, shall  be  placed
27    in the General Revenue Fund in the State Treasury.
28        (c)  All  moneys collected for that portion of a driver's
29    license fee designated for  driver  education  under  Section
30    6-118  shall  be  placed  in the Driver Education Fund in the
31    State Treasury.
32        (d)  Beginning January 1, 1999, of the  monies  collected
33    as a registration fee for each motorcycle, motor driven cycle
34    and motorized pedalcycle, 27% of each annual registration fee
 
SB1903 Enrolled            -318-     LRB093 08682 RCE 08912 b
 1    for  such vehicle and 27% of each semiannual registration fee
 2    for such vehicle is  deposited  in  the  Cycle  Rider  Safety
 3    Training Fund.
 4        (e)  Of  the monies received by the Secretary of State as
 5    registration fees or taxes or as payment of any other fee, as
 6    provided in this Act, except fees received by  the  Secretary
 7    under  paragraph  (7)  of subsection (b) of Section 5-101 and
 8    Section 5-109 of this Code, 37% shall be deposited  into  the
 9    State Construction Fund.
10        (f)  Of  the  total money collected for a CDL instruction
11    permit or  original  or  renewal  issuance  of  a  commercial
12    driver's  license  (CDL)  pursuant  to the Uniform Commercial
13    Driver's License Act (UCDLA): (i) $6 of the total fee for  an
14    original  or renewal CDL, and $6 of the total CDL instruction
15    permit fee when such permit is issued to any person holding a
16    valid Illinois driver's  license,  shall  be  paid  into  the
17    CDLIS/AAMVAnet   Trust   Fund  (Commercial  Driver's  License
18    Information  System/American  Association  of  Motor  Vehicle
19    Administrators network Trust Fund) and shall be used for  the
20    purposes  provided  in Section 6z-23 of the State Finance Act
21    and (ii) $20 of the total fee for an original or renewal  CDL
22    or  commercial  driver  instruction permit shall be paid into
23    the Motor Carrier Safety Inspection  Fund,  which  is  hereby
24    created  as  a special fund in the State Treasury, to be used
25    by the Department of State Police, subject to  appropriation,
26    to  hire  additional officers to conduct motor carrier safety
27    inspections pursuant to Chapter 18b of this Code.
28        (g)  All remaining moneys received by  the  Secretary  of
29    State  as  registration  fees  or  taxes or as payment of any
30    other fee, as provided in this Act, except fees  received  by
31    the  Secretary  under  paragraph  (7)(A) of subsection (b) of
32    Section 5-101 and  Section  5-109  of  this  Code,  shall  be
33    deposited  in the Road Fund in the State Treasury.  Moneys in
34    the Road Fund shall be used  for  the  purposes  provided  in
 
SB1903 Enrolled            -319-     LRB093 08682 RCE 08912 b
 1    Section 8.3 of the State Finance Act.
 2        (h)  (Blank).
 3        (i)  (Blank).
 4        (j)  (Blank).
 5        (k)  There  is  created  in  the State Treasury a special
 6    fund to be known as the Secretary of  State  Special  License
 7    Plate  Fund.  Money deposited into the Fund shall, subject to
 8    appropriation, be used by the  Office  of  the  Secretary  of
 9    State  (i)  to  help  defray  plate  manufacturing  and plate
10    processing costs  for  the  issuance  and,  when  applicable,
11    renewal  of  any  new or existing special registration plates
12    authorized under this Code and (ii) for grants  made  by  the
13    Secretary   of   State  to  benefit  Illinois  Veterans  Home
14    libraries.
15        On or before October 1,  1995,  the  Secretary  of  State
16    shall  direct  the  State  Comptroller and State Treasurer to
17    transfer any unexpended balance in the Special  Environmental
18    License  Plate  Fund,  the Special Korean War Veteran License
19    Plate Fund, and the Retired Congressional License Plate  Fund
20    to the Secretary of State Special License Plate Fund.
21        (l)  The  Motor Vehicle Review Board Fund is created as a
22    special fund in the State Treasury.   Moneys  deposited  into
23    the  Fund  under  paragraph  (7) of subsection (b) of Section
24    5-101 and Section 5-109 shall, subject to  appropriation,  be
25    used  by  the  Office of the Secretary of State to administer
26    the Motor Vehicle Review Board, including without  limitation
27    payment  of  compensation and all necessary expenses incurred
28    in administering the Motor Vehicle  Review  Board  under  the
29    Motor Vehicle Franchise Act.
30        (m)  Effective  July  1,  1996,  there  is created in the
31    State Treasury a special fund  to  be  known  as  the  Family
32    Responsibility  Fund.   Moneys deposited into the Fund shall,
33    subject to appropriation,  be  used  by  the  Office  of  the
34    Secretary  of  State  for the purpose of enforcing the Family
 
SB1903 Enrolled            -320-     LRB093 08682 RCE 08912 b
 1    Financial Responsibility Law.
 2        (n)  The Illinois Fire Fighters' Memorial Fund is created
 3    as a special fund in the State  Treasury.   Moneys  deposited
 4    into the Fund shall, subject to appropriation, be used by the
 5    Office  of  the  State  Fire  Marshal for construction of the
 6    Illinois Fire Fighters' Memorial to be located at  the  State
 7    Capitol   grounds   in   Springfield,   Illinois.   Upon  the
 8    completion of the Memorial, moneys in the Fund shall be  used
 9    in accordance with Section 3-634.
10        (o)  Of the money collected for each certificate of title
11    for  all-terrain  vehicles  and  off-highway motorcycles, $17
12    shall be deposited into the Off-Highway Vehicle Trails Fund.
13        (p)  For audits  conducted  on  or  after  July  1,  2003
14    pursuant  to  Section 2-124(d) of this Code, 50% of the money
15    collected as audit fees shall be deposited into  the  General
16    Revenue Fund.
17    (Source:  P.A.  91-37,  eff.  7-1-99;  91-239,  eff.  1-1-00;
18    91-537,  eff.  8-13-99;  91-832,  eff.  6-16-00;  92-16, eff.
19    6-28-01.)

20        (625 ILCS 5/2-123) (from Ch. 95 1/2, par. 2-123)
21        Sec. 2-123.  Sale and Distribution of Information.
22        (a)  Except as otherwise provided in  this  Section,  the
23    Secretary  may  make  the driver's license, vehicle and title
24    registration lists, in part or in whole, and any  statistical
25    information  derived  from  these  lists  available  to local
26    governments,  elected  state  officials,  state   educational
27    institutions,  and  all other governmental units of the State
28    and  Federal  Government  requesting  them  for  governmental
29    purposes. The Secretary shall require any such applicant  for
30    services to pay for the costs of furnishing such services and
31    the  use  of  the  equipment  involved,  and  in  addition is
32    empowered to establish prices and charges for the services so
33    furnished  and  for  the  use  of  the  electronic  equipment
 
SB1903 Enrolled            -321-     LRB093 08682 RCE 08912 b
 1    utilized.
 2        (b)  The Secretary is further empowered to and he may, in
 3    his discretion, furnish to any applicant, other  than  listed
 4    in  subsection (a) of this Section, vehicle or driver data on
 5    a computer tape, disk, other electronic  format  or  computer
 6    processable  medium,  or  printout at a fixed fee of $250 for
 7    orders received before October 1, 2003 and  $500  for  orders
 8    received on or after October 1, 2003, in advance, and require
 9    in  addition  a  further  sufficient  deposit  based upon the
10    Secretary of State's  estimate  of  the  total  cost  of  the
11    information requested and a charge of $25 for orders received
12    before  October  1,  2003  and  $50 for orders received on or
13    after October 1,  2003,  per  1,000  units  or  part  thereof
14    identified  or  the  actual  cost,  whichever is greater. The
15    Secretary is authorized to refund any difference between  the
16    additional  deposit and the actual cost of the request.  This
17    service shall not be in lieu of an  abstract  of  a  driver's
18    record  nor  of a title or registration search.  This service
19    may be limited to entities purchasing  a  minimum  number  of
20    records  as required by administrative rule.  The information
21    sold pursuant to this subsection shall be the entire  vehicle
22    or  driver  data list, or part thereof.  The information sold
23    pursuant to this  subsection  shall  not  contain  personally
24    identifying  information unless the information is to be used
25    for one of the purposes identified  in  subsection  (f-5)  of
26    this  Section.   Commercial  purchasers of driver and vehicle
27    record databases shall enter into a  written  agreement  with
28    the  Secretary  of  State  that  includes  disclosure  of the
29    commercial use of the information to be purchased.
30        (c)  Secretary of State  may  issue  registration  lists.
31    The  Secretary  of  State shall compile and publish, at least
32    annually, a list of all registered vehicles.   Each  list  of
33    registered  vehicles  shall be arranged serially according to
34    the registration numbers assigned to registered vehicles  and
 
SB1903 Enrolled            -322-     LRB093 08682 RCE 08912 b
 1    shall   contain  in  addition  the  names  and  addresses  of
 2    registered owners and a brief  description  of  each  vehicle
 3    including  the  serial  or  other identifying number thereof.
 4    Such compilation may be in such form as in the discretion  of
 5    the  Secretary  of  State  may  seem  best  for  the purposes
 6    intended.
 7        (d)  The Secretary of State shall furnish no more than  2
 8    current available lists of such registrations to the sheriffs
 9    of all counties and to the chiefs of police of all cities and
10    villages and towns of 2,000 population and over in this State
11    at  no  cost.   Additional  copies  may  be  purchased by the
12    sheriffs or chiefs of police at the fee of $500  each  or  at
13    the cost of producing the list as determined by the Secretary
14    of  State.   Such  lists  are  to  be  used  for governmental
15    purposes only.
16        (e)  (Blank).
17        (e-1)  (Blank).
18        (f)  The  Secretary  of  State  shall  make  a  title  or
19    registration search of  the  records  of  his  office  and  a
20    written  report  on  the  same  for  any person, upon written
21    application of such person, accompanied by a fee  of  $5  for
22    each  registration  or title search.  The written application
23    shall  set  forth  the  intended   use   of   the   requested
24    information.   No  fee  shall  be  charged  for  a  title  or
25    registration   search,   or  for  the  certification  thereof
26    requested by a government agency.  The report of the title or
27    registration search shall not contain personally  identifying
28    information  unless the request for a search was made for one
29    of the  purposes  identified  in  subsection  (f-5)  of  this
30    Section.
31        The   Secretary   of  State  shall  certify  a  title  or
32    registration  record  upon  written  request.  The  fee   for
33    certification shall be $5 in addition to the fee required for
34    a  title  or registration search. Certification shall be made
 
SB1903 Enrolled            -323-     LRB093 08682 RCE 08912 b
 1    under the signature of the Secretary of State  and  shall  be
 2    authenticated by Seal of the Secretary of State.
 3        The  Secretary  of  State may notify the vehicle owner or
 4    registrant of the  request  for  purchase  of  his  title  or
 5    registration information as the Secretary deems appropriate.
 6        No  information  shall be released to the requestor until
 7    expiration of a 10 day period.  This 10 day period shall  not
 8    apply  to  requests  for  information made by law enforcement
 9    officials,  government  agencies,   financial   institutions,
10    attorneys,   insurers,   employers,   automobile   associated
11    businesses,  persons licensed as a private detective or firms
12    licensed as a private  detective  agency  under  the  Private
13    Detective,  Private  Alarm, and Private Security Act of 1983,
14    who  are  employed  by  or  are  acting  on  behalf  of   law
15    enforcement   officials,   government   agencies,   financial
16    institutions,   attorneys,  insurers,  employers,  automobile
17    associated  businesses,  and  other  business  entities   for
18    purposes  consistent  with  the  Illinois  Vehicle  Code, the
19    vehicle  owner  or  registrant  or  other  entities  as   the
20    Secretary may exempt by rule and regulation.
21        Any  misrepresentation  made  by  a requestor of title or
22    vehicle information shall be punishable as a  petty  offense,
23    except in the case of persons licensed as a private detective
24    or  firms  licensed as a private detective agency which shall
25    be subject to disciplinary sanctions under Section 22  or  25
26    of the Private Detective, Private Alarm, and Private Security
27    Act of 1983.
28        (f-5)  The  Secretary  of  State  shall  not  disclose or
29    otherwise  make  available  to  any  person  or  entity   any
30    personally  identifying information obtained by the Secretary
31    of State in connection with a driver's license,  vehicle,  or
32    title registration record unless the information is disclosed
33    for one of the following purposes:
34             (1)  For use by any government agency, including any
 
SB1903 Enrolled            -324-     LRB093 08682 RCE 08912 b
 1        court  or  law  enforcement  agency,  in carrying out its
 2        functions, or any private  person  or  entity  acting  on
 3        behalf  of  a federal, State, or local agency in carrying
 4        out its functions.
 5             (2)  For use in connection  with  matters  of  motor
 6        vehicle   or  driver  safety  and  theft;  motor  vehicle
 7        emissions; motor vehicle product alterations, recalls, or
 8        advisories; performance  monitoring  of  motor  vehicles,
 9        motor   vehicle   parts,  and  dealers;  and  removal  of
10        non-owner records from  the  original  owner  records  of
11        motor vehicle manufacturers.
12             (3)  For  use  in the normal course of business by a
13        legitimate  business  or  its   agents,   employees,   or
14        contractors, but only:
15                  (A)  to   verify   the   accuracy  of  personal
16             information  submitted  by  an  individual  to   the
17             business  or  its agents, employees, or contractors;
18             and
19                  (B)  if such information as so submitted is not
20             correct or is  no  longer  correct,  to  obtain  the
21             correct  information,  but  only for the purposes of
22             preventing  fraud  by,   pursuing   legal   remedies
23             against,   or  recovering  on  a  debt  or  security
24             interest against, the individual.
25             (4)  For use in research activities and for  use  in
26        producing   statistical   reports,   if   the  personally
27        identifying information is not published, redisclosed, or
28        used to contact individuals.
29             (5)  For use in connection with any civil, criminal,
30        administrative, or arbitral proceeding  in  any  federal,
31        State,   or   local   court   or  agency  or  before  any
32        self-regulatory body, including the service  of  process,
33        investigation  in  anticipation  of  litigation,  and the
34        execution or enforcement  of  judgments  and  orders,  or
 
SB1903 Enrolled            -325-     LRB093 08682 RCE 08912 b
 1        pursuant to an order of a federal, State, or local court.
 2             (6)  For  use  by  any  insurer or insurance support
 3        organization or by a self-insured entity or  its  agents,
 4        employees,  or  contractors  in  connection  with  claims
 5        investigation  activities,  antifraud activities, rating,
 6        or underwriting.
 7             (7)  For use in providing notice to  the  owners  of
 8        towed or impounded vehicles.
 9             (8)  For  use by any private investigative agency or
10        security service licensed in  Illinois  for  any  purpose
11        permitted under this subsection.
12             (9)  For  use by an employer or its agent or insurer
13        to obtain or verify information relating to a holder of a
14        commercial  driver's  license  that  is  required   under
15        chapter 313 of title 49 of the United States Code.
16             (10)  For  use  in  connection with the operation of
17        private toll transportation facilities.
18             (11)  For use by any  requester,  if  the  requester
19        demonstrates  it  has obtained the written consent of the
20        individual to whom the information pertains.
21             (12)  For use by  members  of  the  news  media,  as
22        defined   in   Section   1-148.5,   for  the  purpose  of
23        newsgathering when the request relates to  the  operation
24        of a motor vehicle or public safety.
25             (13)  For  any  other use specifically authorized by
26        law, if that use is related to the operation of  a  motor
27        vehicle or public safety.
28        (g) 1.  The  Secretary  of  State  may, upon receipt of a
29        written request and a fee of $6 before  October  1,  2003
30        and a fee of $12 on and after October 1, 2003, furnish to
31        the  person  or  agency  so requesting a driver's record.
32        Such document may include a record of:  current  driver's
33        license issuance information, except that the information
34        on  judicial  driving  permits shall be available only as
 
SB1903 Enrolled            -326-     LRB093 08682 RCE 08912 b
 1        otherwise provided  by  this  Code;  convictions;  orders
 2        entered  revoking,  suspending  or  cancelling a driver's
 3        license  or  privilege;   and   notations   of   accident
 4        involvement.   All  other  information,  unless otherwise
 5        permitted  by  this  Code,  shall  remain   confidential.
 6        Information released pursuant to a request for a driver's
 7        record   shall   not   contain   personally   identifying
 8        information,  unless  the request for the driver's record
 9        was made for one of the purposes set forth in  subsection
10        (f-5) of this Section.
11             2.  The  Secretary  of State may certify an abstract
12        of a  driver's  record  upon  written  request  therefor.
13        Such  certification  shall be made under the signature of
14        the Secretary of State and shall be authenticated by  the
15        Seal of his office.
16             3.  All  requests  for  driving  record  information
17        shall be made in a manner prescribed by the Secretary and
18        shall  set  forth  the  intended  use  of  the  requested
19        information.
20             The  Secretary  of  State  may  notify  the affected
21        driver of the request for purchase of his driver's record
22        as the Secretary deems appropriate.
23             No information shall be released  to  the  requester
24        until  expiration of a 10 day period.  This 10 day period
25        shall not apply to requests for information made  by  law
26        enforcement  officials,  government  agencies,  financial
27        institutions,  attorneys, insurers, employers, automobile
28        associated businesses,  persons  licensed  as  a  private
29        detective or firms licensed as a private detective agency
30        under  the  Private Detective, Private Alarm, and Private
31        Security Act of 1983, who are employed by or  are  acting
32        on   behalf  of  law  enforcement  officials,  government
33        agencies, financial  institutions,  attorneys,  insurers,
34        employers,  automobile  associated  businesses, and other
 
SB1903 Enrolled            -327-     LRB093 08682 RCE 08912 b
 1        business  entities  for  purposes  consistent  with   the
 2        Illinois  Vehicle  Code,  the  affected  driver  or other
 3        entities  as  the  Secretary  may  exempt  by  rule   and
 4        regulation.
 5             Any  misrepresentation made by a requestor of driver
 6        information shall  be  punishable  as  a  petty  offense,
 7        except  in  the  case  of  persons  licensed as a private
 8        detective or firms licensed as a private detective agency
 9        which shall be subject to  disciplinary  sanctions  under
10        Section 22 or 25 of the Private Detective, Private Alarm,
11        and Private Security Act of 1983.
12             4.  The  Secretary of State may furnish without fee,
13        upon the written request of a law enforcement agency, any
14        information from a  driver's  record  on  file  with  the
15        Secretary  of  State when such information is required in
16        the enforcement of this Code or any other law relating to
17        the operation of motor  vehicles,  including  records  of
18        dispositions; documented information involving the use of
19        a   motor   vehicle;  whether  such  individual  has,  or
20        previously had, a driver's license; and the  address  and
21        personal   description  as  reflected  on  said  driver's
22        record.
23             5.  Except as otherwise provided  in  this  Section,
24        the   Secretary   of  State  may  furnish,  without  fee,
25        information from an individual driver's record  on  file,
26        if  a written request therefor is submitted by any public
27        transit  system  or  authority,  public   defender,   law
28        enforcement  agency,  a  state  or  federal agency, or an
29        Illinois  local  intergovernmental  association,  if  the
30        request is for the  purpose  of  a  background  check  of
31        applicants  for employment with the requesting agency, or
32        for the purpose of an official investigation conducted by
33        the agency, or to determine a  current  address  for  the
34        driver  so  public  funds can be recovered or paid to the
 
SB1903 Enrolled            -328-     LRB093 08682 RCE 08912 b
 1        driver, or for any other purpose set forth in  subsection
 2        (f-5) of this Section.
 3             The  Secretary may also furnish the courts a copy of
 4        an abstract of a driver's record, without fee, subsequent
 5        to an arrest for a  violation  of  Section  11-501  or  a
 6        similar  provision  of  a local ordinance.  Such abstract
 7        may   include   records   of   dispositions;   documented
 8        information involving the  use  of  a  motor  vehicle  as
 9        contained  in  the  current file; whether such individual
10        has, or previously  had,  a  driver's  license;  and  the
11        address  and  personal  description  as reflected on said
12        driver's record.
13             6.  Any certified abstract issued by  the  Secretary
14        of  State  or transmitted electronically by the Secretary
15        of State pursuant to this  Section,  to  a  court  or  on
16        request  of a law enforcement agency, for the record of a
17        named person as to the status of  the  person's  driver's
18        license  shall  be  prima  facie  evidence  of  the facts
19        therein stated and if the name appearing in such abstract
20        is the same as that of a person named in  an  information
21        or  warrant,  such abstract shall be prima facie evidence
22        that the person named in such information or  warrant  is
23        the  same person as the person named in such abstract and
24        shall be admissible for any prosecution under  this  Code
25        and be admitted as proof of any prior conviction or proof
26        of  records,  notices,  or  orders recorded on individual
27        driving records maintained by the Secretary of State.
28             7.  Subject to any  restrictions  contained  in  the
29        Juvenile  Court Act of 1987, and upon receipt of a proper
30        request and a fee of $6 before October 1, 2003 and a  fee
31        of  $12  on  or  after  October 1, 2003, the Secretary of
32        State shall provide a driver's  record  to  the  affected
33        driver,   or   the   affected   driver's  attorney,  upon
34        verification.   Such  record  shall   contain   all   the
 
SB1903 Enrolled            -329-     LRB093 08682 RCE 08912 b
 1        information referred to in paragraph 1 of this subsection
 2        (g)  plus: any recorded accident involvement as a driver;
 3        information  recorded  pursuant  to  subsection  (e)   of
 4        Section  6-117  and  paragraph  (4)  of subsection (a) of
 5        Section 6-204  of  this  Code.   All  other  information,
 6        unless  otherwise  permitted  by  this Code, shall remain
 7        confidential.
 8        (h)  The Secretary shall  not  disclose  social  security
 9    numbers  except pursuant to a written request by, or with the
10    prior written consent  of,  the  individual  except:  (1)  to
11    officers  and  employees  of the Secretary who have a need to
12    know the social security  numbers  in  performance  of  their
13    official  duties,  (2)  to  law  enforcement  officials for a
14    lawful, civil or criminal law enforcement investigation,  and
15    if  the head of the law enforcement agency has made a written
16    request to  the  Secretary  specifying  the  law  enforcement
17    investigation for which the social security numbers are being
18    sought,    (3)   to   the   United   States   Department   of
19    Transportation,  or  any  other  State,   pursuant   to   the
20    administration   and  enforcement  of  the  Commercial  Motor
21    Vehicle Safety Act of 1986, (4)  pursuant to the order  of  a
22    court  of competent jurisdiction, or (5) to the Department of
23    Public Aid for utilization in the child  support  enforcement
24    duties  assigned  to  that Department under provisions of the
25    Public Aid Code after the individual  has  received  advanced
26    meaningful notification of what redisclosure is sought by the
27    Secretary in accordance with the federal Privacy Act.
28        (i)  (Blank).
29        (j)  Medical  statements  or  medical reports received in
30    the Secretary of State's Office shall  be  confidential.   No
31    confidential  information may be open to public inspection or
32    the  contents  disclosed  to  anyone,  except  officers   and
33    employees  of  the  Secretary  who  have  a  need to know the
34    information contained in the medical reports and  the  Driver
 
SB1903 Enrolled            -330-     LRB093 08682 RCE 08912 b
 1    License  Medical  Advisory  Board,  unless  so directed by an
 2    order of a court of competent jurisdiction.
 3        (k)  All fees collected under this Section shall be  paid
 4    into the Road Fund of the State Treasury, except that (i) for
 5    fees collected before October 1, 2003, $3 of the $6 fee for a
 6    driver's  record  shall  be  paid into the Secretary of State
 7    Special Services Fund, (ii) for fees collected on  and  after
 8    October  1,  2003,  of  the $12 fee for a driver's record, $3
 9    shall be paid into the Secretary of  State  Special  Services
10    Fund  and $6 shall be paid into the General Revenue Fund, and
11    (iii) for fees collected on and after October 1, 2003, 50% of
12    the amounts collected pursuant to  subsection  (b)  shall  be
13    paid into the General Revenue Fund.
14        (l)  (Blank).
15        (m)  Notations   of  accident  involvement  that  may  be
16    disclosed under this  Section  shall  not  include  notations
17    relating  to  damage  to  a  vehicle  or other property being
18    transported by a tow truck.  This  information  shall  remain
19    confidential,  provided  that  nothing in this subsection (m)
20    shall  limit  disclosure  of  any  notification  of  accident
21    involvement to any law enforcement agency or official.
22        (n)  Requests  made  by  the  news  media  for   driver's
23    license,  vehicle,  or  title registration information may be
24    furnished  without  charge  or  at  a  reduced   charge,   as
25    determined  by  the  Secretary, when the specific purpose for
26    requesting the documents  is  deemed  to  be  in  the  public
27    interest.   Waiver  or  reduction of the fee is in the public
28    interest if the principal purpose of the request is to access
29    and disseminate information regarding the health, safety, and
30    welfare or the legal rights of the general public and is  not
31    for the principal purpose of gaining a personal or commercial
32    benefit. The information provided pursuant to this subsection
33    shall  not  contain personally identifying information unless
34    the information is  to  be  used  for  one  of  the  purposes
 
SB1903 Enrolled            -331-     LRB093 08682 RCE 08912 b
 1    identified in subsection (f-5) of this Section.
 2        (o)  The    redisclosure    of   personally   identifying
 3    information obtained pursuant to this Section is  prohibited,
 4    except  to the extent necessary to effectuate the purpose for
 5    which  the  original  disclosure  of  the   information   was
 6    permitted.
 7        (p)  The  Secretary  of State is empowered to adopt rules
 8    to effectuate this Section.
 9    (Source: P.A.  91-37,  eff.  7-1-99;  91-357,  eff.  7-29-99;
10    91-716,  eff.  10-1-00;  92-32,  eff.  7-1-01;  92-651,  eff.
11    7-11-02.)

12        (625 ILCS 5/2-124) (from Ch. 95 1/2, par. 2-124)
13        Sec. 2-124.  Audits, interest and penalties.
14        (a)  Audits. The Secretary  of  State  or  employees  and
15    agents  designated  by him, may audit the books, records, tax
16    returns, reports, and any and all other pertinent records  or
17    documents  of  any person licensed or registered, or required
18    to be licensed or registered, under any  provisions  of  this
19    Act,  for  the purpose of determining whether such person has
20    not paid any fees  or  taxes  required  to  be  paid  to  the
21    Secretary  of  State  and  due  to the State of Illinois. For
22    purposes of  this  Section,  "person"  means  an  individual,
23    corporation,  or partnership, or an officer or an employee of
24    any corporation, including  a  dissolved  corporation,  or  a
25    member  or an employee of any partnership, who as an officer,
26    employee, or member under  a  duty  to  perform  the  act  in
27    respect to which the violation occurs.
28        (b)  Joint  Audits. The Secretary of State may enter into
29    reciprocal audit agreements with officers, agents or agencies
30    of another State or States, for joint audits  of  any  person
31    subject to audit under this Act.
32        (c)  Special  Audits.  If  the  Secretary of State is not
33    satisfied  with  the  books,  records  and   documents   made
 
SB1903 Enrolled            -332-     LRB093 08682 RCE 08912 b
 1    available  for  an  audit,  or  if  the Secretary of State is
 2    unable to determine therefrom whether any fees or  taxes  are
 3    due to the State of Illinois, or if there is cause to believe
 4    that the person audited has declined or refused to supply the
 5    books, records and documents necessary to determine whether a
 6    deficiency  exists,  the Secretary of State may either seek a
 7    court order for production of any and all books, records  and
 8    documents   he  deems  relevant  and  material,  or,  in  his
 9    discretion, the Secretary of State may instead  give  written
10    notice  to  such  person requiring him to produce any and all
11    books, records and documents necessary to properly audit  and
12    determine  whether  any fees or taxes are due to the State of
13    Illinois. If such person fails, refuses or declines to comply
14    with either the court order or written notice within the time
15    specified, the Secretary of State shall then order a  special
16    audit  at the expense of the person affected. Upon completion
17    of the special audit, the Secretary of State shall  determine
18    if  any fees or taxes required to be paid under this Act have
19    not been paid, and make an assessment of any deficiency based
20    upon the books, records and documents available to  him,  and
21    in  an  assessment, he may rely upon records of other persons
22    having an operation similar to that  of  the  person  audited
23    specially.  A person audited specially and subject to a court
24    order and in default thereof, shall in addition,  be  subject
25    to  any  penalty  or punishment imposed by the court entering
26    the order.
27        (d)  Deficiency; Audit Costs. When a deficiency is  found
28    and any fees or taxes required to be paid under this Act have
29    not  been  paid  to  the  State of Illinois, the Secretary of
30    State may impose an audit fee of $100 $50 per day, or $50 $25
31    per half-day, per auditor, plus in the case  of  out-of-state
32    travel,  transportation  expenses  incurred by the auditor or
33    auditors. Where more than one person is audited on  the  same
34    out-of-state trip, the additional transportation expenses may
 
SB1903 Enrolled            -333-     LRB093 08682 RCE 08912 b
 1    be  apportioned. The actual costs of a special audit shall be
 2    imposed upon the person audited.
 3        (e)  Interest. When a deficiency is found and any fees or
 4    taxes required to be paid under this Act have not  been  paid
 5    to  the  State  of Illinois, the amount of the deficiency, if
 6    greater than $100 for all registration years examined,  shall
 7    also  bear  interest  at  the  rate of 1/2 of 1% per month or
 8    fraction thereof, from the date  when  the  fee  or  tax  due
 9    should  have  been  paid  under  the  provisions of this Act,
10    subject to a maximum of 6% per annum.
11        (f)  Willful Negligence. When a deficiency is  determined
12    by  the  Secretary  to  be  caused  by the willful neglect or
13    negligence of the person audited, an additional 10%  penalty,
14    that  is  10%  of the amount of the deficiency or assessment,
15    shall be imposed, and the 10% penalty shall bear interest  at
16    the  rate  of  1/2  of 1% on and after the 30th day after the
17    penalty is imposed until paid in full.
18        (g)  Fraud or Evasion. When a deficiency is determined by
19    the Secretary to be caused by fraud or willful evasion of the
20    provisions of this Act, an additional penalty, that is 20% of
21    the amount of the deficiency or assessment, shall be imposed,
22    and the 20% penalty shall bear interest at the rate of 1/2 of
23    1% on and after the 30th day after  the  penalty  is  imposed
24    until paid in full.
25        (h)  Notice.  The  Secretary  of State shall give written
26    notice to any person audited, of the amount of any deficiency
27    found or assessment made, of the costs of an audit or special
28    audit, and of the penalty imposed, and payment shall be  made
29    within  30  days of the date of the notice unless such person
30    petitions for a hearing.
31        However, except in the case of fraud or willful  evasion,
32    or the inaccessibility of books and records for audit or with
33    the  express  consent  of  the person audited, no notice of a
34    deficiency or assessment shall be issued by the Secretary for
 
SB1903 Enrolled            -334-     LRB093 08682 RCE 08912 b
 1    more  than  3  registration  years.  This  limitation   shall
 2    commence  on  any January 1 as to calendar year registrations
 3    and on any July 1  as  to  fiscal  year  registrations.  This
 4    limitation  shall  not  apply for any period during which the
 5    person affected has declined or refuses to make his books and
 6    records available for audit, nor during any period of time in
 7    which an Order of any Court has the effect  of  enjoining  or
 8    restraining  the  Secretary from making an audit or issuing a
 9    notice.  Notwithstanding,  each  person  licensed  under  the
10    International Registration Plan and audited by this State  or
11    any  member  jurisdiction  shall  follow  the  assessment and
12    refund procedures as adopted and amended by the International
13    Registration Plan members.  The Secretary of State shall have
14    the final decision as to which registrants may be subject  to
15    the  netting  of  audit fees as outlined in the International
16    Registration Plan.  Persons  audited  may  be  subject  to  a
17    review  process  to  determine the final outcome of the audit
18    finding.  This process shall follow the adopted procedure  as
19    outlined   in   the  International  Registration  Plan.   All
20    decisions by the IRP designated tribunal shall be binding.
21        (i)  Every person subject to  licensing  or  registration
22    and  audit  under the provisions of this Chapter shall retain
23    all pertinent licensing and  registration  documents,  books,
24    records,  tax returns, reports and all supporting records and
25    documents for a period of 4 years.
26        (j)  Hearings. Any person receiving written notice  of  a
27    deficiency  or  assessment may, within 30 days after the date
28    of the notice, petition for a hearing before the Secretary of
29    State or his duly appointed hearing officer  to  contest  the
30    audit   in  whole  or  in  part,  and  the  petitioner  shall
31    simultaneously file a certified  check  or  money  order,  or
32    certificate  of  deposit,  or  a  surety bond approved by the
33    Secretary in the amount  of  the  deficiency  or  assessment.
34    Hearings  shall be held pursuant to the provisions of Section
 
SB1903 Enrolled            -335-     LRB093 08682 RCE 08912 b
 1    2-118 of this Act.
 2        (k)  Judgments. The Secretary of State  may  enforce  any
 3    notice of deficiency or assessment pursuant to the provisions
 4    of Section 3-831 of this Act.
 5    (Source: P.A. 92-69, eff. 7-12-01.)

 6        (625 ILCS 5/3-403) (from Ch. 95 1/2, par. 3-403)
 7        Sec. 3-403.  Trip and Short-term permits.
 8        (a)  The Secretary of State may issue a short-term permit
 9    to  operate  a nonregistered first or second division vehicle
10    within the State of Illinois for a period of not more than  7
11    days.  Any  second  division vehicle operating on such permit
12    may operate only on empty weight.  The fee for the short-term
13    permit shall be $6 for permits purchased on  or  before  June
14    30,  2003  and  $10 for permits purchased on or after July 1,
15    2003.  For short-term permits purchased on or after  July  1,
16    2003, $4 of the fee collected for the purchase of each permit
17    shall be deposited into the General Revenue Fund.
18        This  permit  may  also  be  issued to operate an unladen
19    registered vehicle  which  is  suspended  under  the  Vehicle
20    Emissions  Inspection  Law  and  allow it to be driven on the
21    roads and highways of the State in order to  be  repaired  or
22    when travelling to and from an emissions inspection station.
23        (b)  The  Secretary  of  State may, subject to reciprocal
24    agreements, arrangements or declarations made or entered into
25    pursuant to Section 3-402, 3-402.4 or by  rule,  provide  for
26    and  issue  registration  permits  for  the  use  of Illinois
27    highways by vehicles of the second division on an  occasional
28    basis  or  for  a  specific  and  special  short-term use, in
29    compliance with rules  and  regulations  promulgated  by  the
30    Secretary of State, and upon payment of the prescribed fee as
31    follows:
32        One-trip permits.  A registration permit for one trip, or
33    one  round-trip into and out of Illinois, for a period not to
 
SB1903 Enrolled            -336-     LRB093 08682 RCE 08912 b
 1    exceed 72  consecutive  hours  or  3  calendar  days  may  be
 2    provided, for a fee as prescribed in Section 3-811.
 3        One-Month permits.  A registration permit for 30 days may
 4    be  provided  for  a fee of $13 for registration plus 1/10 of
 5    the flat weight tax.  The minimum fee for such  permit  shall
 6    be $31.
 7        In-transit  permits.   A registration permit for one trip
 8    may be provided for vehicles in transit by the  driveaway  or
 9    towaway  method  and  operated by a transporter in compliance
10    with the Illinois Motor Carrier of Property Law, for a fee as
11    prescribed in Section 3-811.
12        Illinois Temporary Apportionment  Authorization  Permits.
13    An apportionment authorization permit for forty-five days for
14    the immediate operation of a vehicle upon application for and
15    prior  to  receiving  apportioned  credentials  or interstate
16    credentials from the State of Illinois.   The  fee  for  such
17    permit shall be $3.
18        Illinois   Temporary  Prorate  Authorization  Permit.   A
19    prorate authorization permit  for  forty-five  days  for  the
20    immediate  operation  of  a  vehicle upon application for and
21    prior  to  receiving  prorate   credentials   or   interstate
22    credentials  from  the  State  of Illinois.  The fee for such
23    permit shall be $3.
24        (c)  The Secretary of State shall promulgate by such rule
25    or regulation, schedules of fees and taxes for  such  permits
26    and  in  computing  the  amount or amounts due, may round off
27    such amount to the nearest full dollar amount.
28        (d)  The Secretary of State shall further  prescribe  the
29    form   of   application  and  permit  and  may  require  such
30    information and  data  as  necessary  and  proper,  including
31    confirming  the  status  or identity of the applicant and the
32    vehicle in question.
33        (e)  Rules or regulations promulgated by the Secretary of
34    State under this Section shall  provide  for  reasonable  and
 
SB1903 Enrolled            -337-     LRB093 08682 RCE 08912 b
 1    proper limitations and restrictions governing the application
 2    for  and  issuance  and use of permits, and shall provide for
 3    the number of permits per vehicle or per applicant, so as  to
 4    preclude  evasion  of annual registration requirements as may
 5    be required by this Act.
 6        (f)  Any  permit  under  this  Section  is   subject   to
 7    suspension or revocation under this Act, and in addition, any
 8    such permit is subject to suspension or revocation should the
 9    Secretary  of  State determine that the vehicle identified in
10    any permit should be properly registered in Illinois.  In the
11    event any such permit is suspended or revoked, the permit  is
12    then  null  and void, may not be re-instated, nor is a refund
13    therefor available.  The vehicle identified  in  such  permit
14    may  not  thereafter  be  operated  in Illinois without being
15    properly registered as provided in this Chapter.
16    (Source: P.A. 91-37, eff. 7-1-99; 92-680, eff. 7-16-02.)

17        (625 ILCS 5/3-405.1) (from Ch. 95 1/2, par. 3-405.1)
18        Sec. 3-405.1.  Application for  vanity  and  personalized
19    license plates.
20        (a)  Vanity  license  plates  mean  any  license  plates,
21    assigned  to a passenger motor vehicle of the first division,
22    to a motor vehicle of the second division registered  at  not
23    more  than  8,000  pounds or to a recreational vehicle, which
24    display a registration number containing 1 4 to 7 letters and
25    no numbers or 1, 2, or 3 numbers and no letters as  requested
26    by  the  owner  of  the  vehicle and license plates issued to
27    retired members of  Congress  under  Section  3-610.1  or  to
28    retired  members  of  the  General  Assembly  as  provided in
29    Section 3-606.1. A license plate consisting of 3 letters  and
30    no  numbers  or  of  1,  2  or  3  numbers, upon its becoming
31    available, is a vanity license  plate.  Personalized  license
32    plates mean any license plates, assigned to a passenger motor
33    vehicle  of  the  first  division,  to a motor vehicle of the
 
SB1903 Enrolled            -338-     LRB093 08682 RCE 08912 b
 1    second division registered at not more than 8,000 pounds,  or
 2    to  a  recreational  vehicle,  which  display  a registration
 3    number  containing  one  of  the  following  combinations   a
 4    combination  of letters and numbers as prescribed by rule, as
 5    requested by the owner of the vehicle:.
 6        Standard Passenger Plates
 7        First Division Vehicles

 8        1 letter plus 0-99
 9        2 letters plus 0-99
10        3 letters plus 0-99
11        4 letters plus 0-99
12        5 letters plus 0-99
13        6 letters plus 0-9

14        Second Division Vehicles
15        8,000 pounds or less and Recreation Vehicles

16        0-999 plus 1 letter
17        0-999 plus 2 letters
18        0-999 plus 3 letters
19        0-99 plus 4 letters
20        0-9 plus 5 letters
21        (b)  For  any  registration   period   commencing   after
22    December  31,  2003,  1979,  any person who is the registered
23    owner of a passenger motor vehicle of the first division,  of
24    a motor vehicle of the second division registered at not more
25    than  8,000  pounds  or  of a recreational vehicle registered
26    with the Secretary of State or who makes application  for  an
27    original  registration  of  such  a  motor vehicle or renewal
28    registration of such a motor vehicle may, upon payment  of  a
29    fee  prescribed  in Section 3-806.1 or Section 3-806.5, apply
30    to the Secretary of State for vanity or personalized  license
31    plates.
 
SB1903 Enrolled            -339-     LRB093 08682 RCE 08912 b
 1        (c)  Except  as  otherwise  provided  in  this Chapter 3,
 2    vanity and personalized license plates as issued  under  this
 3    Section shall be the same color and design as other passenger
 4    vehicle  license  plates and shall not in any manner conflict
 5    with  any  other  existing  passenger,  commercial,  trailer,
 6    motorcycle,  or  special  license  plate  series.    However,
 7    special  registration  plates issued under Sections 3-611 and
 8    3-616  for  vehicles  operated  by  or   for   persons   with
 9    disabilities  may  also  be  vanity  or  personalized license
10    plates.
11        (d)  Vanity and  personalized  license  plates  shall  be
12    issued  only  to the registered owner of the vehicle on which
13    they are to be displayed,  except  as  provided  in  Sections
14    3-611  and 3-616 for special registration plates for vehicles
15    operated by or for persons with disabilities.
16        (e)  An  applicant  for  the  issuance   of   vanity   or
17    personalized  license  plates  or  subsequent renewal thereof
18    shall file an application in such form and manner and by such
19    date as the  Secretary  of  State  may,  in  his  discretion,
20    require.
21        No  vanity  nor  personalized  license  plates  shall  be
22    approved,  manufactured,  or  distributed  that  contain  any
23    characters,    symbols    other    than   the   international
24    accessibility symbol for vehicles operated by or for  persons
25    with disabilities, foreign words, or letters of punctuation.
26        (f)  Vanity  and  personalized  license  plates as issued
27    pursuant  to  this  Act  may  be  subject  to  the  Staggered
28    Registration System as prescribed by the Secretary of State.
29    (Source: P.A. 92-651, eff. 7-11-02.)

30        (625 ILCS 5/3-806.5 new)
31        Sec. 3-806.5.  Additional fees for  personalized  license
32    plates.   For  registration periods commencing after December
33    31, 2003, in addition to the  regular  registration  fee,  an
 
SB1903 Enrolled            -340-     LRB093 08682 RCE 08912 b
 1    applicant  shall  be charged $47 for each set of personalized
 2    license plates  issued  to  a  motor  vehicle  of  the  first
 3    division or a motor vehicle of the second division registered
 4    at  not  more  than 8,000 pounds or to a recreational vehicle
 5    and $25 for each set  of  personalized  plates  issued  to  a
 6    motorcycle.   In  addition  to  the  regular  renewal fee, an
 7    applicant shall be charged $7 for the renewal of each set  of
 8    personalized  license  plates.   Of the money received by the
 9    Secretary  of  State  as  additional  fees  for  personalized
10    license plates, 50% shall be deposited into the Secretary  of
11    State  Special  License Plate Fund and 50% shall be deposited
12    into the General Revenue Fund.

13        (625 ILCS 5/3-811) (from Ch. 95 1/2, par. 3-811)
14        Sec. 3-811.  Drive-away and other permits - Fees.
15        (a)  Dealers may obtain drive-away  permits  for  use  as
16    provided in this Code, for a fee of $6 per permit for permits
17    purchased  on  or  before  June  30, 2003 and $10 for permits
18    purchased on or after July 1, 2003.  For  drive-away  permits
19    purchased  on  or after July 1, 2003, $4 of the fee collected
20    for the purchase of each permit shall be deposited  into  the
21    General Revenue Fund.
22        (b)  Transporters   may   obtain   one-trip  permits  for
23    vehicles in transit for use as provided in this Code,  for  a
24    fee  of $6 per permit for permits purchased on or before June
25    30, 2003 and $10 for permits purchased on or  after  July  1,
26    2003.   For  one-trip  permits  purchased on or after July 1,
27    2003, $4 of the fee  collected  from  the  purchase  of  each
28    permit shall be deposited into the General Revenue Fund.
29        (c)  Non-residents   may  likewise  obtain  a  drive-away
30    permit from the Secretary of State to export a motor  vehicle
31    purchased in Illinois, for a fee of $6 per permit for permits
32    purchased  on  or  before  June  30, 2003 and $10 for permits
33    purchased on or after July 1, 2003.  For  drive-away  permits
 
SB1903 Enrolled            -341-     LRB093 08682 RCE 08912 b
 1    purchased  on  or after July 1, 2003, $4 of the fee collected
 2    for the purchase of each permit shall be deposited  into  the
 3    General Revenue Fund.
 4        (d)  One-trip  permits  may be obtained for an occasional
 5    single trip by a vehicle  as  provided  in  this  Code,  upon
 6    payment of a fee of $19.
 7        (e)  One  month  permits may likewise be obtained for the
 8    fees and taxes prescribed in this Code and as promulgated  by
 9    the Secretary of State.
10    (Source: P.A. 91-37, eff. 7-1-99; 92-680, eff. 7-16-02.)

11        (625 ILCS 5/5-101) (from Ch. 95 1/2, par. 5-101)
12        Sec. 5-101.  New vehicle dealers must be licensed.
13        (a)  No person shall engage in this State in the business
14    of  selling  or  dealing in, on consignment or otherwise, new
15    vehicles of any make, or act as an intermediary or  agent  or
16    broker  for  any  licensed  dealer or vehicle purchaser other
17    than as a salesperson, or represent or advertise that  he  is
18    so  engaged  or  intends to so engage in such business unless
19    licensed to do so in writing by the Secretary of State  under
20    the provisions of this Section.
21        (b)  An  application  for  a new vehicle dealer's license
22    shall be filed with the Secretary of State, duly verified  by
23    oath,  on  such form as the Secretary of State may by rule or
24    regulation prescribe and shall contain:
25             1.  The name and type of  business  organization  of
26        the  applicant and his  established and additional places
27        of business, if any, in this State.
28             2.  If the applicant is a corporation, a list of its
29        officers,  directors,  and  shareholders  having  a   ten
30        percent or greater ownership interest in the corporation,
31        setting  forth  the  residence  address  of  each; if the
32        applicant is a sole  proprietorship,  a  partnership,  an
33        unincorporated  association, a trust, or any similar form
 
SB1903 Enrolled            -342-     LRB093 08682 RCE 08912 b
 1        of business organization, the name and residence  address
 2        of  the  proprietor  or of each partner, member, officer,
 3        director, trustee, or manager.
 4             3.  The make or makes  of  new  vehicles  which  the
 5        applicant will offer for sale at retail in this State.
 6             4.  The  name  of  each  manufacturer  or franchised
 7        distributor, if  any,  of  new  vehicles  with  whom  the
 8        applicant  has  contracted  for  the  sale  of  such  new
 9        vehicles. As evidence of this fact, the application shall
10        be  accompanied  by  a  signed  statement  from each such
11        manufacturer or franchised distributor.  If the applicant
12        is in the business of offering for  sale  new  conversion
13        vehicles,  trucks  or vans, except for trucks modified to
14        serve a special purpose which includes but is not limited
15        to the following vehicles:  street  sweepers,  fertilizer
16        spreaders, emergency vehicles, implements of husbandry or
17        maintenance  type vehicles, he must furnish evidence of a
18        sales  and  service  agreement  from  both  the   chassis
19        manufacturer and second stage manufacturer.
20             5.  A statement that the applicant has been approved
21        for  registration under the Retailers' Occupation Tax Act
22        by  the  Department  of  Revenue:  Provided   that   this
23        requirement  does  not  apply  to a dealer who is already
24        licensed hereunder with the Secretary of State,  and  who
25        is  merely  applying  for  a  renewal  of his license. As
26        evidence  of  this  fact,  the   application   shall   be
27        accompanied  by  a  certification  from the Department of
28        Revenue showing that that  Department  has  approved  the
29        applicant   for   registration   under   the   Retailers'
30        Occupation Tax Act.
31             6.  A statement that the applicant has complied with
32        the   appropriate  liability  insurance  requirement.   A
33        Certificate of Insurance in a solvent company  authorized
34        to do business in the State of Illinois shall be included
 
SB1903 Enrolled            -343-     LRB093 08682 RCE 08912 b
 1        with  each application covering each location at which he
 2        proposes to act as a new vehicle dealer.  The policy must
 3        provide liability coverage  in  the  minimum  amounts  of
 4        $100,000  for  bodily injury to, or death of, any person,
 5        $300,000 for bodily injury to, or death of, two  or  more
 6        persons  in  any  one accident, and $50,000 for damage to
 7        property.  Such  policy  shall  expire  not  sooner  than
 8        December  31 of the year for which the license was issued
 9        or renewed.  The expiration of the insurance policy shall
10        not terminate the  liability  under  the  policy  arising
11        during  the  period  for  which  the  policy  was  filed.
12        Trailer  and  mobile  home  dealers  are exempt from this
13        requirement.
14             If the permitted  user  has  a  liability  insurance
15        policy   that  provides  automobile  liability  insurance
16        coverage of at least $100,000 for bodily injury to or the
17        death of any person, $300,000 for bodily injury to or the
18        death of any 2 or more persons in any one  accident,  and
19        $50,000 for damage to property, then the permitted user's
20        insurer  shall  be  the  primary insurer and the dealer's
21        insurer shall be the secondary insurer. If the  permitted
22        user  does  not  have  a  liability insurance policy that
23        provides automobile liability insurance  coverage  of  at
24        least  $100,000  for bodily injury to or the death of any
25        person, $300,000 for bodily injury to or the death of any
26        2 or more persons in any one accident,  and  $50,000  for
27        damage  to  property,  or  does not have any insurance at
28        all, then the  dealer's  insurer  shall  be  the  primary
29        insurer  and  the  permitted  user's insurer shall be the
30        secondary insurer.
31             When a permitted  user   is  "test  driving"  a  new
32        vehicle  dealer's  automobile,  the  new vehicle dealer's
33        insurance shall  be  primary  and  the  permitted  user's
34        insurance shall be secondary.
 
SB1903 Enrolled            -344-     LRB093 08682 RCE 08912 b
 1             As used in this paragraph 6, a "permitted user" is a
 2        person who, with the permission of the new vehicle dealer
 3        or  an  employee  of  the  new  vehicle  dealer, drives a
 4        vehicle owned and held for  sale  or  lease  by  the  new
 5        vehicle   dealer  which  the  person  is  considering  to
 6        purchase or lease, in order to evaluate the  performance,
 7        reliability,  or  condition  of  the  vehicle.  The  term
 8        "permitted  user"  also  includes  a person who, with the
 9        permission of the new vehicle dealer,  drives  a  vehicle
10        owned or held for sale or lease by the new vehicle dealer
11        for  loaner  purposes  while  the user's vehicle is being
12        repaired or evaluated.
13             As used in this paragraph 6, "test  driving"  occurs
14        when a permitted user who, with the permission of the new
15        vehicle  dealer or an employee of the new vehicle dealer,
16        drives a vehicle owned and held for sale or  lease  by  a
17        new  vehicle  dealer  that  the  person is considering to
18        purchase or lease, in order to evaluate the  performance,
19        reliability, or condition of the vehicle.
20             As used in this paragraph 6, "loaner purposes" means
21        when a person who, with the permission of the new vehicle
22        dealer,  drives a vehicle owned or held for sale or lease
23        by the new vehicle dealer while  the  user's  vehicle  is
24        being repaired or evaluated.
25             7. (A)  An  application  for  a  new  motor  vehicle
26        dealer's  license  shall  be accompanied by the following
27        license fees:
28                  $1,000 $100 for applicant's  established  place
29             of  business, and $100 $50 for each additional place
30             of  business,  if  any,  to  which  the  application
31             pertains; but if the application is made after  June
32             15  of  any  year, the license fee shall be $500 $50
33             for applicant's established place of  business  plus
34             $50  $25  for  each additional place of business, if
 
SB1903 Enrolled            -345-     LRB093 08682 RCE 08912 b
 1             any, to which the application pertains. License fees
 2             shall be returnable  only  in  the  event  that  the
 3             application is denied by the Secretary of State. All
 4             moneys received by the Secretary of State as license
 5             fees  under  paragraph  (7)(A)  of subsection (b) of
 6             this Section prior  to  applications  for  the  2004
 7             licensing  year  shall  be  deposited into the Motor
 8             Vehicle Review Board  Fund  and  shall  be  used  to
 9             administer  the Motor Vehicle Review Board under the
10             Motor Vehicle Franchise Act.  Of the money  received
11             by  the  Secretary  of  State  as license fees under
12             paragraph (7)(A) of subsection (b) of  this  Section
13             for  the  2004  licensing  year  and thereafter, 10%
14             shall be deposited into  the  Motor  Vehicle  Review
15             Board Fund and shall be used to administer the Motor
16             Vehicle   Review   Board  under  the  Motor  Vehicle
17             Franchise Act and 90% shall be  deposited  into  the
18             General Revenue Fund.
19                  (B)  An  application for a new vehicle dealer's
20             license, other than for a new motor vehicle dealer's
21             license,  shall  be  accompanied  by  the  following
22             license fees:
23                  $1,000 $50 for applicant's established place of
24             business, and $50 $25 for each additional  place  of
25             business, if any, to which the application pertains;
26             but  if the application is made after June 15 of any
27             year,  the  license  fee  shall  be  $500  $25   for
28             applicant's  established  place of business plus $25
29             $12.50 for each additional  place  of  business,  if
30             any,  to  which  the  application pertains.  License
31             fees shall be returnable only in the event that  the
32             application is denied by the Secretary of State.  Of
33             the  money  received  by  the  Secretary of State as
34             license fees under  this  subsection  for  the  2004
 
SB1903 Enrolled            -346-     LRB093 08682 RCE 08912 b
 1             licensing   year   and   thereafter,  95%  shall  be
 2             deposited into the General Revenue Fund.
 3             8.  A  statement  that  the  applicant's   officers,
 4        directors, shareholders having a 10% or greater ownership
 5        interest therein, proprietor, a partner, member, officer,
 6        director,  trustee,  manager  or  other principals in the
 7        business have not committed in the past 3 years  any  one
 8        violation   as  determined  in  any  civil,  criminal  or
 9        administrative proceedings of any one  of  the  following
10        Acts:
11                  (A)  The   Anti  Theft  Laws  of  the  Illinois
12             Vehicle Code;
13                  (B)  The  Certificate  of  Title  Laws  of  the
14             Illinois Vehicle Code;
15                  (C)  The  Offenses  against  Registration   and
16             Certificates  of  Title Laws of the Illinois Vehicle
17             Code;
18                  (D)  The Dealers,  Transporters,  Wreckers  and
19             Rebuilders Laws of the Illinois Vehicle Code;
20                  (E)  Section 21-2 of the Criminal Code of 1961,
21             Criminal Trespass to Vehicles; or
22                  (F)  The Retailers' Occupation Tax Act.
23             9.  A   statement  that  the  applicant's  officers,
24        directors, shareholders having a 10% or greater ownership
25        interest therein, proprietor, partner,  member,  officer,
26        director,  trustee,  manager  or  other principals in the
27        business have not committed in any  calendar  year  3  or
28        more  violations, as determined in any civil, criminal or
29        administrative proceedings, of any one  or  more  of  the
30        following Acts:
31                  (A)  The Consumer Finance Act;
32                  (B)  The Consumer Installment Loan Act;
33                  (C)  The Retail Installment Sales Act;
34                  (D)  The Motor Vehicle Retail Installment Sales
 
SB1903 Enrolled            -347-     LRB093 08682 RCE 08912 b
 1             Act;
 2                  (E)  The Interest Act;
 3                  (F)  The Illinois Wage Assignment Act;
 4                  (G)  Part 8 of Article XII of the Code of Civil
 5             Procedure; or
 6                  (H)  The Consumer Fraud Act.
 7             10.  A  bond or certificate of deposit in the amount
 8        of $20,000 for  each  location  at  which  the  applicant
 9        intends  to  act as a new vehicle dealer.  The bond shall
10        be for the term of the license, or its renewal, for which
11        application is made, and shall  expire  not  sooner  than
12        December  31 of the year for which the license was issued
13        or renewed.  The bond shall run  to  the  People  of  the
14        State  of Illinois, with surety by a bonding or insurance
15        company authorized to do  business  in  this  State.   It
16        shall  be  conditioned upon the proper transmittal of all
17        title and registration fees and  taxes  (excluding  taxes
18        under  the Retailers' Occupation Tax Act) accepted by the
19        applicant as a new vehicle dealer.
20             11.  Such other information concerning the  business
21        of the applicant as the Secretary of State may by rule or
22        regulation prescribe.
23             12.  A  statement  that  the  applicant  understands
24        Chapter One through Chapter Five of this Code.
25        (c)  Any  change  which  renders  no  longer accurate any
26    information contained in any application for  a  new  vehicle
27    dealer's  license  shall  be amended within 30 days after the
28    occurrence of such change on such form as  the  Secretary  of
29    State  may prescribe by rule or regulation, accompanied by an
30    amendatory fee of $2.
31        (d)  Anything  in  this  Chapter  5   to   the   contrary
32    notwithstanding  no person shall be licensed as a new vehicle
33    dealer unless:
34             1.  He is authorized by contract in writing  between
 
SB1903 Enrolled            -348-     LRB093 08682 RCE 08912 b
 1        himself and the manufacturer or franchised distributor of
 2        such  make  of vehicle to so sell the same in this State,
 3        and
 4             2.  Such person shall maintain an established  place
 5        of business as defined in this Act.
 6        (e)  The  Secretary  of  State shall, within a reasonable
 7    time after receipt, examine an application submitted  to  him
 8    under  this Section and unless he  makes a determination that
 9    the application submitted to him does not  conform  with  the
10    requirements  of  this  Section  or  that grounds exist for a
11    denial of  the  application,  under  Section  5-501  of  this
12    Chapter, grant the applicant an original new vehicle dealer's
13    license in writing for his  established place of business and
14    a  supplemental  license in writing for each additional place
15    of business in such form as  he  may  prescribe  by  rule  or
16    regulation which shall include the following:
17             1.  The name of the person licensed;
18             2.  If  a  corporation,  the name and address of its
19        officers or if a sole proprietorship, a  partnership,  an
20        unincorporated   association   or  any  similar  form  of
21        business  organization,  the  name  and  address  of  the
22        proprietor or of each partner, member, officer, director,
23        trustee or manager;
24             3.  In  the  case  of  an  original   license,   the
25        established place of business of the licensee;
26             4.  In  the  case  of  a  supplemental  license, the
27        established place of business of  the  licensee  and  the
28        additional  place  of business to which such supplemental
29        license pertains;
30             5.  The make or makes  of  new  vehicles  which  the
31        licensee is licensed to sell.
32        (f)  The appropriate instrument evidencing the license or
33    a certified copy thereof, provided by the Secretary of State,
34    shall  be  kept posted conspicuously in the established place
 
SB1903 Enrolled            -349-     LRB093 08682 RCE 08912 b
 1    of business of the licensee and in each additional  place  of
 2    business, if any, maintained by such licensee.
 3        (g)  Except as provided in subsection (h) hereof, all new
 4    vehicle  dealer's  licenses  granted under this Section shall
 5    expire by operation of law on December  31  of  the  calendar
 6    year  for  which  they  are  granted unless sooner revoked or
 7    cancelled under the  provisions  of  Section  5-501  of  this
 8    Chapter.
 9        (h)  A  new  vehicle dealer's license may be renewed upon
10    application and payment  of  the  fee  required  herein,  and
11    submission  of proof of coverage under an approved bond under
12    the "Retailers' Occupation Tax Act" or proof  that  applicant
13    is  not  subject to such bonding requirements, as in the case
14    of an original license, but in case an  application  for  the
15    renewal  of  an effective license is made during the month of
16    December, the effective license shall remain in  force  until
17    the  application  is  granted  or  denied by the Secretary of
18    State.
19        (i)  All persons licensed as a  new  vehicle  dealer  are
20    required to furnish each purchaser of a motor vehicle:
21             1.  In  the  case  of a new vehicle a manufacturer's
22        statement of origin and in  the  case  of  a  used  motor
23        vehicle  a  certificate of title, in either case properly
24        assigned to the purchaser;
25             2.  A  statement  verified  under  oath   that   all
26        identifying  numbers  on  the vehicle agree with those on
27        the certificate of title or manufacturer's  statement  of
28        origin;
29             3.  A  bill  of  sale properly executed on behalf of
30        such person;
31             4.  A  copy  of  the   Uniform   Invoice-transaction
32        reporting return referred to in Section 5-402 hereof;
33             5.  In  the case of a rebuilt vehicle, a copy of the
34        Disclosure of Rebuilt Vehicle Status; and
 
SB1903 Enrolled            -350-     LRB093 08682 RCE 08912 b
 1             6.  In the case of a vehicle for which the  warranty
 2        has been reinstated, a copy of the warranty.
 3        (j)  Except  at  the  time of sale or repossession of the
 4    vehicle, no person licensed as a new vehicle dealer may issue
 5    any other person a newly created key to a vehicle unless  the
 6    new  vehicle  dealer  makes a copy of the driver's license or
 7    State  identification  card  of  the  person  requesting   or
 8    obtaining  the newly created key. The new vehicle dealer must
 9    retain the copy for 30 days.
10        A new vehicle dealer who violates this subsection (j)  is
11    guilty  of  a petty offense. Violation of this subsection (j)
12    is not cause to suspend, revoke, cancel, or deny  renewal  of
13    the new vehicle dealer's license.
14        This  amendatory  Act  of 1983 shall be applicable to the
15    1984 registration year and thereafter.
16    (Source: P.A. 92-391, eff. 8-16-01; 92-835, eff. 6-1-03.)

17        (625 ILCS 5/5-102) (from Ch. 95 1/2, par. 5-102)
18        Sec. 5-102.  Used vehicle dealers must be licensed.
19        (a)  No person, other than a licensed new vehicle dealer,
20    shall engage in the business of selling  or  dealing  in,  on
21    consignment or otherwise, 5 or more used vehicles of any make
22    during  the  year  (except  house  trailers  as authorized by
23    paragraph (j) of this Section and  rebuilt  salvage  vehicles
24    sold  by  their  rebuilders  to  persons  licensed under this
25    Chapter), or act as an intermediary, agent or broker for  any
26    licensed  dealer  or  vehicle  purchaser  (other  than  as  a
27    salesperson)  or represent or advertise that he is so engaged
28    or intends to so engage in such business unless  licensed  to
29    do  so by the Secretary of State under the provisions of this
30    Section.
31        (b)  An application for a used vehicle  dealer's  license
32    shall  be filed with the Secretary of State, duly verified by
33    oath, in such form as the Secretary of State may by  rule  or
 
SB1903 Enrolled            -351-     LRB093 08682 RCE 08912 b
 1    regulation prescribe and shall contain:
 2             1.  The  name  and  type  of  business  organization
 3        established and additional places of business, if any, in
 4        this State.
 5             2.  If the applicant is a corporation, a list of its
 6        officers,   directors,  and  shareholders  having  a  ten
 7        percent or greater ownership interest in the corporation,
 8        setting forth the  residence  address  of  each;  if  the
 9        applicant  is  a  sole  proprietorship, a partnership, an
10        unincorporated association, a trust, or any similar  form
11        of business organization, the names and residence address
12        of  the  proprietor  or of each partner, member, officer,
13        director, trustee or manager.
14             3.  A statement that the applicant has been approved
15        for registration under the Retailers' Occupation Tax  Act
16        by  the  Department of Revenue. However, this requirement
17        does not apply  to  a  dealer  who  is  already  licensed
18        hereunder  with the Secretary of State, and who is merely
19        applying for a renewal of his  license.  As  evidence  of
20        this  fact,  the  application  shall  be accompanied by a
21        certification from the Department of Revenue showing that
22        the   Department   has   approved   the   applicant   for
23        registration under the Retailers' Occupation Tax Act.
24             4.  A statement that the applicant has complied with
25        the  appropriate  liability  insurance  requirement.    A
26        Certificate  of Insurance in a solvent company authorized
27        to do business in the State of Illinois shall be included
28        with each application covering each location at which  he
29        proposes  to  act  as  a used vehicle dealer.  The policy
30        must provide liability coverage in the minimum amounts of
31        $100,000 for bodily injury to, or death of,  any  person,
32        $300,000  for  bodily injury to, or death of, two or more
33        persons in any one accident, and $50,000  for  damage  to
34        property.   Such  policy  shall  expire  not  sooner than
 
SB1903 Enrolled            -352-     LRB093 08682 RCE 08912 b
 1        December 31 of the year for which the license was  issued
 2        or renewed.  The expiration of the insurance policy shall
 3        not  terminate  the  liability  under  the policy arising
 4        during  the  period  for  which  the  policy  was  filed.
 5        Trailer and mobile home  dealers  are  exempt  from  this
 6        requirement.
 7             If  the  permitted  user  has  a liability insurance
 8        policy  that  provides  automobile  liability   insurance
 9        coverage of at least $100,000 for bodily injury to or the
10        death of any person, $300,000 for bodily injury to or the
11        death  of  any 2 or more persons in any one accident, and
12        $50,000 for damage to property, then the permitted user's
13        insurer shall be the primary  insurer  and  the  dealer's
14        insurer  shall be the secondary insurer. If the permitted
15        user does not have  a  liability  insurance  policy  that
16        provides  automobile  liability  insurance coverage of at
17        least $100,000 for bodily injury to or the death  of  any
18        person, $300,000 for bodily injury to or the death of any
19        2  or  more  persons in any one accident, and $50,000 for
20        damage to property, or does not  have  any  insurance  at
21        all,  then  the  dealer's  insurer  shall  be the primary
22        insurer and the permitted user's  insurer  shall  be  the
23        secondary insurer.
24             When  a  permitted  user  is  "test  driving" a used
25        vehicle dealer's automobile, the  used  vehicle  dealer's
26        insurance  shall  be  primary  and  the  permitted user's
27        insurance shall be secondary.
28             As used in this paragraph 4, a "permitted user" is a
29        person who, with  the  permission  of  the  used  vehicle
30        dealer  or an employee of the used vehicle dealer, drives
31        a vehicle owned and held for sale or lease  by  the  used
32        vehicle   dealer  which  the  person  is  considering  to
33        purchase or lease, in order to evaluate the  performance,
34        reliability,  or  condition  of  the  vehicle.  The  term
 
SB1903 Enrolled            -353-     LRB093 08682 RCE 08912 b
 1        "permitted  user"  also  includes  a person who, with the
 2        permission of the used vehicle dealer, drives  a  vehicle
 3        owned  or  held  for  sale  or  lease by the used vehicle
 4        dealer for loaner purposes while the  user's  vehicle  is
 5        being repaired or evaluated.
 6             As  used  in this paragraph 4, "test driving" occurs
 7        when a permitted user who, with  the  permission  of  the
 8        used  vehicle  dealer  or an employee of the used vehicle
 9        dealer, drives a vehicle owned and held for sale or lease
10        by a used vehicle dealer that the person  is  considering
11        to   purchase   or   lease,  in  order  to  evaluate  the
12        performance, reliability, or condition of the vehicle.
13             As used in this paragraph 4, "loaner purposes" means
14        when a person  who,  with  the  permission  of  the  used
15        vehicle  dealer,  drives a vehicle owned or held for sale
16        or lease by the used  vehicle  dealer  while  the  user's
17        vehicle is being repaired or evaluated.
18             5.  An  application  for  a  used  vehicle  dealer's
19        license  shall  be  accompanied  by the following license
20        fees:
21             $1,000 $50  for  applicant's  established  place  of
22        business,  and  $50  $25  for  each  additional  place of
23        business, if any,  to  which  the  application  pertains;
24        however,  if the application is made after June 15 of any
25        year, the license fee shall be $500 $25  for  applicant's
26        established  place  of  business plus $25 $12.50 for each
27        additional place  of  business,  if  any,  to  which  the
28        application  pertains.   License fees shall be returnable
29        only in the event that the application is denied  by  the
30        Secretary  of  State.   Of  the  money  received  by  the
31        Secretary of State as license fees under this Section for
32        the  2004  licensing  year  and  thereafter, 95% shall be
33        deposited into the General Revenue Fund.
34             6.  A  statement  that  the  applicant's   officers,
 
SB1903 Enrolled            -354-     LRB093 08682 RCE 08912 b
 1        directors, shareholders having a 10% or greater ownership
 2        interest  therein,  proprietor, partner, member, officer,
 3        director, trustee, manager or  other  principals  in  the
 4        business  have  not committed in the past 3 years any one
 5        violation  as  determined  in  any  civil,  criminal   or
 6        administrative  proceedings  of  any one of the following
 7        Acts:
 8                  (A)  The  Anti  Theft  Laws  of  the   Illinois
 9             Vehicle Code;
10                  (B)  The  Certificate  of  Title  Laws  of  the
11             Illinois Vehicle Code;
12                  (C)  The   Offenses  against  Registration  and
13             Certificates of Title Laws of the  Illinois  Vehicle
14             Code;
15                  (D)  The  Dealers,  Transporters,  Wreckers and
16             Rebuilders Laws of the Illinois Vehicle Code;
17                  (E)  Section 21-2 of the Illinois Criminal Code
18             of 1961, Criminal Trespass to Vehicles; or
19                  (F)  The Retailers' Occupation Tax Act.
20             7.  A  statement  that  the  applicant's   officers,
21        directors, shareholders having a 10% or greater ownership
22        interest  therein,  proprietor, partner, member, officer,
23        director, trustee, manager or  other  principals  in  the
24        business  have  not  committed  in any calendar year 3 or
25        more violations, as determined in any civil  or  criminal
26        or  administrative proceedings, of any one or more of the
27        following Acts:
28                  (A)  The Consumer Finance Act;
29                  (B)  The Consumer Installment Loan Act;
30                  (C)  The Retail Installment Sales Act;
31                  (D)  The Motor Vehicle Retail Installment Sales
32             Act;
33                  (E)  The Interest Act;
34                  (F)  The Illinois Wage Assignment Act;
 
SB1903 Enrolled            -355-     LRB093 08682 RCE 08912 b
 1                  (G)  Part 8 of Article XII of the Code of Civil
 2             Procedure; or
 3                  (H)  The Consumer Fraud Act.
 4             8.  A bond or Certificate of Deposit in  the  amount
 5        of  $20,000  for  each  location  at  which the applicant
 6        intends to act as a used vehicle dealer.  The bond  shall
 7        be for the term of the license, or its renewal, for which
 8        application  is  made,  and  shall expire not sooner than
 9        December 31 of the year for which the license was  issued
10        or  renewed.   The  bond  shall  run to the People of the
11        State of Illinois, with surety by a bonding or  insurance
12        company  authorized  to  do  business  in this State.  It
13        shall be conditioned upon the proper transmittal  of  all
14        title  and  registration  fees and taxes (excluding taxes
15        under the Retailers' Occupation Tax Act) accepted by  the
16        applicant as a used vehicle dealer.
17             9.  Such  other  information concerning the business
18        of the applicant as the Secretary of State may by rule or
19        regulation prescribe.
20             10.  A  statement  that  the  applicant  understands
21        Chapter 1 through Chapter 5 of this Code.
22        (c)  Any change which  renders  no  longer  accurate  any
23    information  contained  in any application for a used vehicle
24    dealer's license shall be amended within 30  days  after  the
25    occurrence  of  each  change on such form as the Secretary of
26    State may prescribe by rule or regulation, accompanied by  an
27    amendatory fee of $2.
28        (d)  Anything   in   this   Chapter   to   the   contrary
29    notwithstanding,  no  person  shall  be  licensed  as  a used
30    vehicle dealer unless such person  maintains  an  established
31    place of business as defined in this Chapter.
32        (e)  The  Secretary  of  State shall, within a reasonable
33    time after receipt, examine an application submitted  to  him
34    under   this   Section.   Unless   the   Secretary   makes  a
 
SB1903 Enrolled            -356-     LRB093 08682 RCE 08912 b
 1    determination that the application submitted to him  does not
 2    conform to this Section or that grounds exist for a denial of
 3    the application under Section 5-501 of this Chapter, he  must
 4    grant the applicant an original used vehicle dealer's license
 5    in writing for  his  established  place  of  business  and  a
 6    supplemental  license in writing for each additional place of
 7    business in  such  form  as  he  may  prescribe  by  rule  or
 8    regulation which shall include the following:
 9             1.  The name of the person licensed;
10             2.  If  a  corporation,  the name and address of its
11        officers or if a sole proprietorship, a  partnership,  an
12        unincorporated   association   or  any  similar  form  of
13        business  organization,  the  name  and  address  of  the
14        proprietor or of each partner, member, officer, director,
15        trustee or manager;
16             3.  In case of an original license, the  established
17        place of business of the licensee;
18             4.  In  the  case  of  a  supplemental  license, the
19        established place of business of  the  licensee  and  the
20        additional  place  of business to which such supplemental
21        license pertains.
22        (f)  The appropriate instrument evidencing the license or
23    a certified copy thereof, provided by the Secretary of  State
24    shall be kept posted, conspicuously, in the established place
25    of  business  of the licensee and in each additional place of
26    business, if any, maintained by such licensee.
27        (g)  Except  as  provided  in  subsection  (h)  of   this
28    Section,  all  used  vehicle  dealer's licenses granted under
29    this Section expire by operation of law on December 31 of the
30    calendar year  for  which  they  are  granted  unless  sooner
31    revoked or cancelled under Section 5-501 of this Chapter.
32        (h)  A  used vehicle dealer's license may be renewed upon
33    application and payment  of  the  fee  required  herein,  and
34    submission of proof of coverage by an approved bond under the
 
SB1903 Enrolled            -357-     LRB093 08682 RCE 08912 b
 1    "Retailers'  Occupation  Tax  Act" or proof that applicant is
 2    not subject to such bonding requirements, as in the  case  of
 3    an  original  license,  but  in  case  an application for the
 4    renewal of an effective license is made during the  month  of
 5    December,  the  effective license shall remain in force until
 6    the application for renewal  is  granted  or  denied  by  the
 7    Secretary of State.
 8        (i)  All  persons  licensed  as a used vehicle dealer are
 9    required to furnish each purchaser of a motor vehicle:
10             1.  A certificate of title properly assigned to  the
11        purchaser;
12             2.  A   statement   verified  under  oath  that  all
13        identifying numbers on the vehicle agree  with  those  on
14        the certificate of title;
15             3.  A  bill  of  sale properly executed on behalf of
16        such person;
17             4.  A  copy  of  the   Uniform   Invoice-transaction
18        reporting  return  referred  to  in Section 5-402 of this
19        Chapter;
20             5.  In the case of a rebuilt vehicle, a copy of  the
21        Disclosure of Rebuilt Vehicle Status; and
22             6.  In  the case of a vehicle for which the warranty
23        has been reinstated, a copy of the warranty.
24        (j)  A real estate broker holding a valid certificate  of
25    registration  issued pursuant to "The Real Estate Brokers and
26    Salesmen License Act" may engage in the business  of  selling
27    or  dealing  in  house  trailers  not  his  own without being
28    licensed as a used vehicle dealer under this Section; however
29    such broker  shall  maintain  a  record  of  the  transaction
30    including the following:
31             (1)  the name and address of the buyer and seller,
32             (2)  the date of sale,
33             (3)  a description of the mobile home, including the
34        vehicle identification number, make, model, and year, and
 
SB1903 Enrolled            -358-     LRB093 08682 RCE 08912 b
 1             (4)  the Illinois certificate of title number.
 2        The  foregoing  records shall be available for inspection
 3    by any officer of the Secretary  of  State's  Office  at  any
 4    reasonable hour.
 5        (k)  Except  at  the  time of sale or repossession of the
 6    vehicle, no person licensed as  a  used  vehicle  dealer  may
 7    issue  any  other  person  a  newly  created key to a vehicle
 8    unless the used vehicle dealer makes a copy of  the  driver's
 9    license or State identification card of the person requesting
10    or  obtaining  the newly created key. The used vehicle dealer
11    must retain the copy for 30 days.
12        A used vehicle dealer who violates this subsection (k) is
13    guilty of a petty offense. Violation of this  subsection  (k)
14    is  not  cause to suspend, revoke, cancel, or deny renewal of
15    the used vehicle dealer's license.
16    (Source: P.A. 92-391, eff. 8-16-01; 92-835, eff. 6-1-03.)

17        (625 ILCS 5/6-118) (from Ch. 95 1/2, par. 6-118)
18        Sec. 6-118.  Fees.
19        (a)  The fee for licenses and permits under this  Article
20    is as follows:
21        Original driver's license.............................$10
22        Original or renewal driver's license
23             issued to 18, 19 and 20 year olds..................5
24        All driver's licenses for persons
25             age 69 through age 80..............................5
26        All driver's licenses for persons
27             age 81 through age 86..............................2
28        All driver's licenses for persons
29             age 87 or older....................................0
30        Renewal driver's license (except for
31             applicants ages 18, 19 and 20 or
32             age 69 and older).................................10
33        Original instruction permit issued to
 
SB1903 Enrolled            -359-     LRB093 08682 RCE 08912 b
 1             persons (except those age 69 and older)
 2             who do not hold or have not previously
 3             held an Illinois instruction permit or
 4             driver's license..................................20
 5        Instruction permit issued to any person
 6             holding an Illinois driver's license
 7             who wishes a change in classifications,
 8             other than at the time of renewal..................5
 9        Any instruction permit issued to a person
10             age 69 and older...................................5
11        Instruction permit issued to any person,
12             under age 69, not currently holding a
13             valid Illinois driver's license or
14             instruction permit but who has
15             previously been issued either document
16             in Illinois.......................................10
17        Restricted driving permit...............................8
18        Duplicate or corrected driver's license
19             or permit..........................................5
20        Duplicate or corrected restricted
21             driving permit.....................................5
22        Original or renewal M or L endorsement..................5
23    SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE
24             The  fees for commercial driver licenses and permits
25        under Article V shall be as follows:
26        Commercial driver's license:
27             $6 for the CDLIS/AAMVAnet Fund
28             (Commercial Driver's License Information
29             System/American Association of Motor Vehicle
30             Administrators network Trust Fund);
31             $20 for the Motor Carrier Safety Inspection Fund;
32             $10 for the driver's license;
33             and $24 for the CDL:.............................$60
34        Renewal commercial driver's license:
 
SB1903 Enrolled            -360-     LRB093 08682 RCE 08912 b
 1             $6 for the CDLIS/AAMVAnet Trust Fund;
 2             $20 for the Motor Carrier Safety Inspection Fund;
 3             $10 for the driver's license; and
 4             $24 for the CDL:.................................$60
 5        Commercial driver instruction permit
 6             issued to any person holding a valid
 7             Illinois driver's license for the
 8             purpose of changing to a
 9             CDL classification:  $6 for the
10             CDLIS/AAMVAnet Trust Fund;
11             $20 for the Motor Carrier
12             Safety Inspection Fund; and
13             $24 for the CDL classification...................$50
14        Commercial driver instruction permit
15             issued to any person holding a valid
16             Illinois CDL for the purpose of
17             making a change in a classification,
18             endorsement or restriction........................$5
19        CDL duplicate or corrected license.....................$5
20        In order to  ensure  the  proper  implementation  of  the
21    Uniform  Commercial  Driver  License  Act,  Article V of this
22    Chapter, the Secretary of State is empowered to pro-rate  the
23    $24  fee for the commercial driver's license proportionate to
24    the expiration date  of  the  applicant's  Illinois  driver's
25    license.
26        The  fee  for  any  duplicate  license or permit shall be
27    waived for any person  age  60  or  older  who  presents  the
28    Secretary of State's office with a police report showing that
29    his license or permit was stolen.
30        No  additional  fee  shall  be  charged  for  a  driver's
31    license, or for a commercial driver's license, when issued to
32    the   holder   of   an   instruction   permit  for  the  same
33    classification or type of license who  becomes  eligible  for
34    such license.
 
SB1903 Enrolled            -361-     LRB093 08682 RCE 08912 b
 1        (b)  Any  person  whose license or privilege to operate a
 2    motor vehicle in this State has  been  suspended  or  revoked
 3    under  any  provision  of  Chapter  6, Chapter 11, or Section
 4    7-205, 7-303, or 7-702 of the Family Financial Responsibility
 5    Law of this  Code,  shall  in  addition  to  any  other  fees
 6    required by this Code, pay a reinstatement fee as follows:
 7        Summary suspension under Section 11-501.1........$250 $60
 8        Other suspension..................................$70 $30
 9        Revocation.......................................$500 $60
10        However, any person whose license or privilege to operate
11    a  motor  vehicle in this State has been suspended or revoked
12    for a second or subsequent time for a  violation  of  Section
13    11-501  or  11-501.1 of this Code or a similar provision of a
14    local ordinance or a similar out-of-state offense or  Section
15    9-3  of  the  Criminal  Code  of  1961 and each suspension or
16    revocation was for a violation of Section 11-501 or  11-501.1
17    of this Code or a similar provision of a local ordinance or a
18    similar  out-of-state  offense or Section 9-3 of the Criminal
19    Code of 1961  shall  pay,  in  addition  to  any  other  fees
20    required by this Code, a reinstatement fee as follows:
21        Summary suspension under Section 11-501.1.......$500 $250
22        Revocation......................................$500 $250
23        (c)  All  fees  collected  under  the  provisions of this
24    Chapter 6 shall be paid into  the  Road  Fund  in  the  State
25    Treasury except as follows:
26             1.  The  following  amounts  shall  be paid into the
27        Driver Education Fund:
28                  (A)  $16  of  the  $20  fee  for  an   original
29             driver's instruction permit;
30                  (B)  $5  of  the  $20  $10  fee for an original
31             driver's license;
32                  (C)  $5 of the $20 $10 fee for a 4 year renewal
33             driver's license; and
34                  (D)  $4 of the $8 fee for a restricted  driving
 
SB1903 Enrolled            -362-     LRB093 08682 RCE 08912 b
 1             permit.
 2             2.  $30  of  the $250 $60 fee for reinstatement of a
 3        license summarily suspended under Section 11-501.1  shall
 4        be   deposited   into   the  Drunk  and  Drugged  Driving
 5        Prevention Fund.  However, for a person whose license  or
 6        privilege  to  operate  a motor vehicle in this State has
 7        been suspended or revoked for a second or subsequent time
 8        for a violation of Section 11-501  or  11-501.1  of  this
 9        Code or Section 9-3 of the Criminal Code of 1961, $190 of
10        the   $500  $250  fee  for  reinstatement  of  a  license
11        summarily suspended under Section 11-501.1, and  $190  of
12        the  $500 $250 fee for reinstatement of a revoked license
13        shall be deposited into the  Drunk  and  Drugged  Driving
14        Prevention Fund.
15             3.  $6  of  such  original  or  renewal  fee  for  a
16        commercial  driver's  license  and  $6  of the commercial
17        driver instruction permit fee when such permit is  issued
18        to  any person holding a valid Illinois driver's license,
19        shall be paid into the CDLIS/AAMVAnet Trust Fund.
20             4.  $30 of  the  $70  fee  for  reinstatement  of  a
21        license    suspended    under    the   Family   Financial
22        Responsibility  Law  shall  be  paid  into   the   Family
23        Responsibility Fund.
24             5.  The  $5  fee for each original or renewal M or L
25        endorsement shall  be  deposited  into  the  Cycle  Rider
26        Safety Training Fund.
27             6.  $20  of  any  original  or  renewal  fee  for  a
28        commercial   driver's   license   or   commercial  driver
29        instruction permit shall be paid into the  Motor  Carrier
30        Safety Inspection Fund.
31             7.  The  following  amounts  shall  be paid into the
32        General Revenue Fund:
33                  (A)  $190 of the $250 reinstatement fee  for  a
34             summary suspension under Section 11-501.1;
 
SB1903 Enrolled            -363-     LRB093 08682 RCE 08912 b
 1                  (B)  $40  of  the $70 reinstatement fee for any
 2             other suspension provided in subsection (b) of  this
 3             Section; and
 4                  (C)  $440  of  the $500 reinstatement fee for a
 5             first  offense  revocation  and  $310  of  the  $500
 6             reinstatement  fee  for  a  second   or   subsequent
 7             revocation.
 8    (Source:  P.A.  91-357,  eff.  7-29-99; 91-537, eff. 8-13-99;
 9    92-458, eff. 8-22-01.)

10        (625 ILCS 5/7-707)
11        Sec.  7-707.  Payment  of  reinstatement  fee.   When  an
12    obligor receives notice from the Secretary of State that  the
13    suspension  of  driving  privileges has been terminated based
14    upon receipt of notification from the circuit  clerk  of  the
15    obligor's  compliance  with  a  court  order  of support, the
16    obligor  shall  pay  a  $70  $30  reinstatement  fee  to  the
17    Secretary of State as set forth  in  Section  6-118  of  this
18    Code.   $30 of the $70 fee shall be deposited into the Family
19    Responsibility Fund.  In accordance with  subsection  (e)  of
20    Section  6-115  of  this  Code,  the  Secretary  of State may
21    decline to process a renewal  of  a  driver's  license  of  a
22    person who has not paid this fee.
23    (Source: P.A. 92-16, eff. 6-28-01.)

24        (625 ILCS 5/18c-1501) (from Ch. 95 1/2, par. 18c-1501)
25        Sec.  18c-1501.  Franchise, Franchise Renewal, Filing and
26    Other Fees for Motor Carriers of Property.
27        (1)  Franchise, Franchise Renewal, Filing, and Other  Fee
28    Levels  in  Effect  Absent Commission Regulations Prescribing
29    Different Fee Levels.  The  levels  of  franchise,  franchise
30    renewal,  filing,  and  other  fees  for  motor  carriers  of
31    property in effect, absent Commission regulations prescribing
32    different fee levels, shall be:
 
SB1903 Enrolled            -364-     LRB093 08682 RCE 08912 b
 1             (a)  Franchise  and  franchise renewal fees: $19 for
 2        each  motor  vehicle  operated  by  a  motor  carrier  of
 3        property in intrastate commerce, and $2  for  each  motor
 4        vehicle  operated  by  a  motor  carrier  of  property in
 5        interstate commerce.
 6             (b)  Filing fees:  $100 for each application seeking
 7        a   Commission   license   or   other   authority,    the
 8        reinstatement  of  a  cancelled  license or authority, or
 9        authority to establish a  rate,  other  than  by  special
10        permission, excluding both released rate applications and
11        rate  filings  which may be investigated or suspended but
12        which require no prior authorization for filing;  $25 for
13        each released rate application and  each  application  to
14        register   as   an   interstate  carrier;  $15  for  each
15        application  seeking  special  permission  in  regard  to
16        rates; and $15 for each equipment lease.
17        (2)  Adjustment of Fee Levels.  The  Commission  may,  by
18    rulemaking  in  accordance  with  provisions  of The Illinois
19    Administrative Procedure  Act,  adjust  franchise,  franchise
20    renewal,  filing,  and  other  fees  for  motor  carriers  of
21    property  by  increasing  or  decreasing  them from levels in
22    effect absent Commission  regulations  prescribing  different
23    fee  levels.  Franchise and franchise renewal fees prescribed
24    by the Commission for motor carriers of  property  shall  not
25    exceed:
26             (a)  $50  for  each  motor  vehicle  operated  by  a
27        household goods carrier in intrastate commerce;
28             (a-5)  $15  $5  for each motor vehicle operated by a
29        public carrier in intrastate commerce; and
30             (b)  $7 for each motor vehicle operated by  a  motor
31        carrier of property in interstate commerce.
32        (3)  Late-Filing Fees.
33             (a)  Commission  to  Prescribe Late-Filing Fees. The
34        Commission may prescribe fees  for  the  late  filing  of
 
SB1903 Enrolled            -365-     LRB093 08682 RCE 08912 b
 1        proof  of  insurance,  operating  reports,  franchise  or
 2        franchise  renewal  fee  applications, or other documents
 3        required to  be  filed  on  a  periodic  basis  with  the
 4        Commission.
 5             (b)  Late-filing   Fees   to  Accrue  Automatically.
 6        Late-filing fees  shall  accrue  automatically  from  the
 7        filing  deadline set forth in Commission regulations, and
 8        all persons or entities required  to  make  such  filings
 9        shall be on notice of such deadlines.
10             (c)  Maximum  Fees.  Late-filing  fees prescribed by
11        the Commission shall  not  exceed  $100  for  an  initial
12        period, plus $10 for each day after the expiration of the
13        initial period.  The Commission may provide for waiver of
14        all  or  part  of  late-filing  fees  accrued  under this
15        subsection on a showing of good cause.
16             (d)  Effect of Failure to Make  Timely  Filings  and
17        Pay  Late-Filing  Fees. Failure of a person to file proof
18        of  continuous  insurance  coverage  or  to  make   other
19        periodic  filings  required  under Commission regulations
20        shall make licenses and registrations held by the  person
21        subject  to  revocation  or  suspension.  The licenses or
22        registrations  cannot  thereafter  be  returned  to  good
23        standing until after  payment  of  all  late-filing  fees
24        accrued and not waived under this subsection.
25        (4)  Payment of Fees.
26             (a)  Franchise and Franchise Renewal Fees. Franchise
27        and franchise renewal fees for motor carriers of property
28        shall  be  due  and  payable on or before the 31st day of
29        December of the calendar year preceding the calendar year
30        for which the fees are owing, unless  otherwise  provided
31        in Commission regulations.
32             (b)  Filing  and  Other  Fees. Filing and other fees
33        (including late-filing fees) shall be due and payable  on
34        the date of filing, or on such other date as is set forth
 
SB1903 Enrolled            -366-     LRB093 08682 RCE 08912 b
 1        in Commission regulations.
 2        (5)  When Fees Returnable.
 3             (a)  Whenever   an   application   to  the  Illinois
 4        Commerce Commission is accompanied by any fee as required
 5        by law and such application is refused or rejected,  said
 6        fee shall be returned to said applicant.
 7             (b)  The  Illinois Commerce Commission may reduce by
 8        interlineation  the  amount  of  any  personal  check  or
 9        corporate check or company check drawn on the account  of
10        and delivered by any person for payment of a fee required
11        by the Illinois Commerce Commission.
12             (c)  Any  check  altered  pursuant to above shall be
13        endorsed by the Illinois Commerce Commission as  follows:
14        "This check is warranted to subsequent holders and to the
15        drawee to be in the amount $      ."
16             (d)  All   applications  to  the  Illinois  Commerce
17        Commission requiring fee payment upon   reprinting  shall
18        contain   the  following  authorization  statement:   "My
19        signature authorizes the Illinois Commerce Commission  to
20        lower  the  amount  of  check  if  fee  submitted exceeds
21        correct amount."
22    (Source: P.A. 89-444, eff. 1-25-96.)

23        (625 ILCS 5/18c-1502.05)
24        Sec. 18c-1502.05.  Route Mileage Fee for  Rail  Carriers.
25    Beginning  with  calendar  year 2004 1997, every rail carrier
26    shall pay to the Commission for each calendar  year  a  route
27    mileage  fee of $45 $37 for each route mile of railroad right
28    of way owned by the rail carrier in Illinois.  The fee  shall
29    be  based on the number of route miles as of January 1 of the
30    year for which the fee is due, and the payment of  the  route
31    mileage fee shall be due by February 1 of each calendar year.
32    (Source: P.A. 89-699, eff. 1-16-97.)
 
SB1903 Enrolled            -367-     LRB093 08682 RCE 08912 b
 1        (625 ILCS 5/18c-1502.10)
 2        Sec.  18c-1502.10.  Railroad-Highway  Grade  Crossing and
 3    Grade Separation Fee.   Beginning  with  calendar  year  2004
 4    1997, every rail carrier shall pay to the Commission for each
 5    calendar year a fee of $28 $23 for each location at which the
 6    rail  carrier's  track  crosses  a  public  road, highway, or
 7    street,  whether  the  crossing  be  at  grade,  by  overhead
 8    structure, or by subway.  The  fee  shall  be  based  on  the
 9    number  of  the  crossings  as  of January 1 of each calendar
10    year, and the fee shall be due by February 1 of each calendar
11    year.
12    (Source: P.A. 89-699, eff. 1-16-97.)

13        Section 75-85.  The Boat Registration and Safety  Act  is
14    amended by changing Sections 3-2 and 3-7 as follows:

15        (625 ILCS 45/3-2) (from Ch. 95 1/2, par. 313-2)
16        Sec. 3-2. Identification number application. The owner of
17    each  watercraft requiring numbering by this State shall file
18    an application  for  number  with  the  Department  on  forms
19    approved  by it. The application shall be signed by the owner
20    of the watercraft and  shall  be  accompanied  by  a  fee  as
21    follows:
22             A. Class A (all canoes and kayaks).....           $6
23             B. Class 1 (all watercraft less than 16
24        feet in length, except canoes and kayaks)...          $15
25             C.  Class  2 (all watercraft 16 feet or
26        more but less than 26 feet in length  except
27        canoes and kayaks)..........................      $45 $20
28             D.  Class  3 (all watercraft 26 feet or
29        more but less than 40 feet in length).......      $75 $25
30             E. Class 4 (all watercraft 40  feet  in
31        length or more).............................     $100 $30
32        Upon  receipt  of  the  application in approved form, and
 
SB1903 Enrolled            -368-     LRB093 08682 RCE 08912 b
 1    when satisfied that no tax imposed pursuant to the "Municipal
 2    Use Tax Act" or the "County Use Tax Act"  is  owed,  or  that
 3    such  tax  has been paid, the Department shall enter the same
 4    upon the records of its office and issue to the  applicant  a
 5    certificate  of  number  stating  the  number  awarded to the
 6    watercraft and the name and address of the owner.
 7    (Source: P.A. 88-91.)

 8        (625 ILCS 45/3-7) (from Ch. 95 1/2, par. 313-7)
 9        Sec. 3-7.  Loss of certificate. Should a  certificate  of
10    number   or   registration   expiration  decal  become  lost,
11    destroyed, or mutilated beyond legibility, the owner  of  the
12    watercraft  shall  make application to the Department for the
13    replacement of the certificate or  decal,  giving  his  name,
14    address,  and  the  number  of his boat and shall at the same
15    time pay to the Department a fee of $5 $1.
16    (Source: P.A. 85-149.)

17        Section 75-90.  The Illinois Controlled Substances Act is
18    amended by changing Section 303 as follows:

19        (720 ILCS 570/303) (from Ch. 56 1/2, par. 1303)
20        Sec. 303.  (a) The Department of Professional  Regulation
21    shall  license  an  applicant  to  manufacture, distribute or
22    dispense controlled substances included in Sections 204, 206,
23    208, 210 and 212 of this Act unless it  determines  that  the
24    issuance  of  that  license  would  be  inconsistent with the
25    public interest.  In determining  the  public  interest,  the
26    Department  of  Professional  Regulation  shall  consider the
27    following:
28             (1)  maintenance  of  effective   controls   against
29        diversion of controlled substances into other than lawful
30        medical, scientific, or industrial channels;
31             (2)  compliance  with  applicable Federal, State and
 
SB1903 Enrolled            -369-     LRB093 08682 RCE 08912 b
 1        local law;
 2             (3)  any convictions of the applicant under any  law
 3        of  the  United  States  or  of any State relating to any
 4        controlled substance;
 5             (4)  past   experience   in   the   manufacture   or
 6        distribution of controlled substances, and the  existence
 7        in  the  applicant's  establishment of effective controls
 8        against diversion;
 9             (5)  furnishing  by  the  applicant  of   false   or
10        fraudulent  material  in any application filed under this
11        Act;
12             (6)  suspension or  revocation  of  the  applicant's
13        Federal   registration  to  manufacture,  distribute,  or
14        dispense controlled substances as authorized  by  Federal
15        law;
16             (7)  whether the applicant is suitably equipped with
17        the  facilities  appropriate  to  carry  on the operation
18        described in his application;
19             (8)  whether  the  applicant  is   of   good   moral
20        character   or,   if  the  applicant  is  a  partnership,
21        association, corporation or other  organization,  whether
22        the partners, directors, governing committee and managing
23        officers are of good moral character;
24             (9)  any  other  factors  relevant to and consistent
25        with the public health and safety; and
26             (10)  Evidence from court, medical disciplinary  and
27        pharmacy    board  records and those of State and Federal
28        investigatory bodies that the applicant has not  or  does
29        not prescribe controlled substances within the provisions
30        of this Act.
31        (b)  No  license  shall  be granted to or renewed for any
32    person who has within 5 years  been  convicted  of  a  wilful
33    violation  of  any law of the United States or any law of any
34    State relating to controlled substances, or who is  found  to
 
SB1903 Enrolled            -370-     LRB093 08682 RCE 08912 b
 1    be  deficient in any of the matters enumerated in subsections
 2    (a)(1) through (a)(8).
 3        (c)  Licensure under subsection (a) does  not  entitle  a
 4    registrant  to manufacture, distribute or dispense controlled
 5    substances in Schedules I or II other than those specified in
 6    the registration.
 7        (d)  Practitioners  who  are  licensed  to  dispense  any
 8    controlled  substances  in  Schedules  II   through   V   are
 9    authorized   to   conduct   instructional   activities   with
10    controlled substances in Schedules II through V under the law
11    of this State.
12        (e)  If an applicant for registration is registered under
13    the  Federal  law  to  manufacture,  distribute  or  dispense
14    controlled  substances,  upon  filing a completed application
15    for licensure in this State  and  payment  of  all  fees  due
16    hereunder,  he  shall  be  licensed in this State to the same
17    extent as his Federal registration, unless,  within  30  days
18    after   completing   his   application  in  this  State,  the
19    Department of Professional Regulation notifies the  applicant
20    that  his  application  has not been granted.  A practitioner
21    who is in compliance with the Federal  law  with  respect  to
22    registration  to  dispense controlled substances in Schedules
23    II through V need only send a current copy  of  that  Federal
24    registration to the Department of Professional Regulation and
25    he  shall  be  deemed  in  compliance  with  the registration
26    provisions of this State.
27        (e-5)  Beginning July 1, 2003, all of the fees and  fines
28    collected  under this Section 303 shall be deposited into the
29    Illinois State Pharmacy Disciplinary Fund.
30        (f)  The  fee  for  registration  as  a  manufacturer  or
31    wholesale  distributor  of  controlled  substances  shall  be
32    $50.00 per year, except that the fee for  registration  as  a
33    manufacturer   or   wholesale   distributor   of   controlled
34    substances that may be dispensed without a prescription under
 
SB1903 Enrolled            -371-     LRB093 08682 RCE 08912 b
 1    this  Act  shall be $15.00 per year.  The expiration date and
 2    renewal period for each controlled substance  license  issued
 3    under this Act shall be set by rule.
 4    (Source: P.A. 90-818, eff. 3-23-99.)

 5        Section  75-92.   The Business Corporation Act of 1983 is
 6    amended by changing Sections 15.10, 15.12, 15.15, 15.45,  and
 7    15.75 as follows:

 8        (805 ILCS 5/15.10) (from Ch. 32, par. 15.10)
 9        Sec.  15.10.  Fees for filing documents. The Secretary of
10    State shall charge and collect for:
11        (a)  Filing articles of incorporation, $150 $75.
12        (b)  Filing articles of amendment, $50  $25,  unless  the
13    amendment  is a restatement of the articles of incorporation,
14    in which case the fee shall be $150 $100.
15        (c)  Filing articles of merger  or  consolidation,  $100,
16    but  if  the  merger  or  consolidation  involves more than 2
17    corporations, $50 for each additional corporation.
18        (d)  Filing articles of share exchange, $100.
19        (e)  Filing articles of dissolution, $5.
20        (f)  Filing application to reserve a corporate name, $25.
21        (g)  Filing a notice of transfer of a reserved  corporate
22    name, $25.
23        (h)  Filing  statement of change of address of registered
24    office or change of registered agent, or both, if other  than
25    on an annual report, $25 $5.
26        (i)  Filing statement of the establishment of a series of
27    shares, $25.
28        (j)  Filing  an  application of a foreign corporation for
29    authority to transact business in this State, $150 $75.
30        (k)  Filing an application of a foreign  corporation  for
31    amended authority to transact business in this State, $25.
32        (l)  Filing  a  copy  of  amendment  to  the  articles of
 
SB1903 Enrolled            -372-     LRB093 08682 RCE 08912 b
 1    incorporation of a foreign corporation holding  authority  to
 2    transact   business  in  this  State,  $50  $25,  unless  the
 3    amendment is a restatement of the articles of  incorporation,
 4    in which case the fee shall be $150 $100.
 5        (m)  Filing  a  copy  of  articles of merger of a foreign
 6    corporation holding a certificate of  authority  to  transact
 7    business in this State, $100, but if the merger involves more
 8    than 2 corporations, $50 for each additional corporation.
 9        (n)  Filing  an  application  for  withdrawal  and  final
10    report  or  a  copy  of  articles of dissolution of a foreign
11    corporation, $25.
12        (o)  Filing an annual report, interim annual  report,  or
13    final  transition  annual  report  of  a  domestic or foreign
14    corporation, $75 $25.
15        (p)  Filing  an  application  for  reinstatement   of   a
16    domestic or a foreign corporation, $200 $100.
17        (q)  Filing   an   application  for  use  of  an  assumed
18    corporate name, $150 for each year or part thereof ending  in
19    0  or 5, $120 for each year or part thereof ending in 1 or 6,
20    $90 for each year or part thereof ending in 2 or 7,  $60  for
21    each year or part thereof ending in 3 or 8, $30 for each year
22    or  part thereof ending in 4 or 9, between the date of filing
23    the application and the date of the renewal  of  the  assumed
24    corporate  name; and a renewal fee for each assumed corporate
25    name, $150.
26        (r)  To change an assumed corporate name for  the  period
27    remaining  until  the  renewal  date  of the original assumed
28    name, $25.
29        (s)  Filing an application for cancellation of an assumed
30    corporate name, $5.
31        (t)  Filing an application to register the corporate name
32    of a foreign corporation, $50; and an annual renewal fee  for
33    the registered name, $50.
34        (u)  Filing   an   application   for  cancellation  of  a
 
SB1903 Enrolled            -373-     LRB093 08682 RCE 08912 b
 1    registered name of a foreign corporation, $25.
 2        (v)  Filing a statement of correction, $50 $25.
 3        (w)  Filing a petition for refund or adjustment, $5.
 4        (x)  Filing a statement of election of an extended filing
 5    month, $25.
 6        (y)  Filing any other statement or report, $5.
 7    (Source: P.A. 92-33, eff. 7-1-01.)

 8        (805 ILCS 5/15.12)
 9        Sec. 15.12.  Disposition of fees.   Of  the  total  money
10    collected  for the filing of an annual report under this Act,
11    $15 $10 of the filing fee shall be paid into the Secretary of
12    State Special Services Fund.  The remaining $60 $15 shall  be
13    deposited   into  the  General  Revenue  Fund  in  the  State
14    Treasury.
15    (Source: P.A. 89-503, eff. 1-1-97.)

16        (805 ILCS 5/15.15) (from Ch. 32, par. 15.15)
17        Sec. 15.15.   Miscellaneous  charges.  The  Secretary  of
18    State shall charge and collect; (a)  For furnishing a copy or
19    certified copy of any document, instrument, or paper relating
20    to a corporation, or for a certificate, $25 50¢ per page, but
21    not  less  than  $5.00  and  $5  for  the certificate and for
22    affixing the seal thereto.
23        (b)  At the time of any service  of  process,  notice  or
24    demand on him or her as resident agent of a corporation, $10,
25    which  amount  may be recovered as taxable costs by the party
26    to the suit or action causing such service to be made if such
27    party prevails in the suit or action.
28    (Source: P.A. 83-1025.)

29        (805 ILCS 5/15.45) (from Ch. 32, par. 15.45)
30        Sec. 15.45.  Rate of franchise taxes payable by  domestic
31    corporations.
 
SB1903 Enrolled            -374-     LRB093 08682 RCE 08912 b
 1        (a)  The  annual  franchise  tax payable by each domestic
 2    corporation shall be computed at the rate of 1/12 of 1/10  of
 3    1% for each calendar month or fraction thereof for the period
 4    commencing  on the first day of July 1983 to the first day of
 5    the anniversary month in 1984, but  in  no  event  shall  the
 6    amount  of the annual franchise tax be less than $2.08333 per
 7    month assessed on a minimum of $25 per  annum  or  more  than
 8    $83,333.333333  per  month;  commencing on January 1, 1984 to
 9    the first day of the anniversary month  in  2004  thereafter,
10    the annual franchise tax payable by each domestic corporation
11    shall  be  computed  at  the  rate  of  1/10  of  1%  for the
12    12-months'  period  commencing  on  the  first  day  of   the
13    anniversary  month  or,  in  cases  where  a  corporation has
14    established an extended filing  month,  the  extended  filing
15    month of the corporation, but in no event shall the amount of
16    the  annual  franchise  tax  be  less  than $25 nor more than
17    $1,000,000 per annum; commencing with the  first  anniversary
18    month  that occurs after December, 2003, the annual franchise
19    tax payable by each domestic corporation shall be computed at
20    the rate of 1/10 of 1% for the 12-months'  period  commencing
21    on  the first day of the anniversary month or, in cases where
22    a corporation has established an extended filing  month,  the
23    extended  filing  month  of  the corporation, but in no event
24    shall the amount of the annual franchise tax be less than $25
25    nor more than $2,000,000 per annum.
26        (b)  The annual franchise tax payable  by  each  domestic
27    corporation at the time of filing a statement of election and
28    interim annual report in connection with an anniversary month
29    prior  to January, 2004 shall be computed at the rate of 1/10
30    of 1% for the 12 month period commencing on the first day  of
31    the  anniversary month of the corporation next following such
32    filing, but in no  event  shall  the  amount  of  the  annual
33    franchise  tax  be less than $25 nor more than $1,000,000 per
34    annum; commencing  with  the  first  anniversary  month  that
 
SB1903 Enrolled            -375-     LRB093 08682 RCE 08912 b
 1    occurs after December, 2003, the annual franchise tax payable
 2    by  each  domestic  corporation  at  the  time  of  filing  a
 3    statement  of  election  and  interim  annual report shall be
 4    computed at the rate of 1/10 of 1% for  the  12-month  period
 5    commencing  on  the first day of the anniversary month of the
 6    corporation next following such filing, but in no event shall
 7    the amount of the annual  franchise tax be less than $25  nor
 8    more than $2,000,000 per annum.
 9        (c)  The  annual  franchise  tax  payable  at the time of
10    filing the final transition annual report in connection  with
11    an  anniversary  month  prior  to  January,  2004 shall be an
12    amount equal to (i) 1/12 of 1/10  of  1%  per  month  of  the
13    proportion  of  paid-in  capital represented in this State as
14    shown in the final transition  annual  report  multiplied  by
15    (ii)  the  number  of  months commencing with the anniversary
16    month next following the filing of the statement of  election
17    until,  but excluding, the second extended filing month, less
18    the annual franchise tax theretofore  paid  at  the  time  of
19    filing  the  statement of election, but in no event shall the
20    amount of the annual franchise tax be less than $2.08333  per
21    month  assessed  on  a  minimum of $25 per annum or more than
22    $83,333.333333  per  month;   commencing   with   the   first
23    anniversary  month  that  occurs  after  December,  2003, the
24    annual franchise tax payable at the time of filing the  final
25    transition annual report shall be an amount equal to (i) 1/12
26    of  1/10 of 1% per month of the proportion of paid-in capital
27    represented in this State as shown in  the  final  transition
28    annual  report  multiplied  by  (ii)  the  number  of  months
29    commencing  with  the  anniversary  month  next following the
30    filing of the statement of election until, but excluding, the
31    second extended filing month, less the annual  franchise  tax
32    theretofore  paid  at  the  time  of  filing the statement of
33    election, but in no event shall  the  amount  of  the  annual
34    franchise  tax  be less than $2.08333 per month assessed on a
 
SB1903 Enrolled            -376-     LRB093 08682 RCE 08912 b
 1    minimum of $25 per annum or  more  than  $166,666.666666  per
 2    month.
 3        (d)  The  initial  franchise tax payable after January 1,
 4    1983,  but  prior  to  January  1,  1991,  by  each  domestic
 5    corporation shall be computed at the rate of 1/10 of  1%  for
 6    the  12  months'  period  commencing  on the first day of the
 7    anniversary month in which the certificate  of  incorporation
 8    is  issued to the corporation under Section 2.10 of this Act,
 9    but in no event shall the franchise tax be less than $25  nor
10    more  than  $1,000,000  per  annum. The initial franchise tax
11    payable on or after January 1, 1991, but prior to January  1,
12    2004,  by  each domestic corporation shall be computed at the
13    rate of 15/100 of 1% for the 12 month  period  commencing  on
14    the  first day of the anniversary month in which the articles
15    certificate of incorporation are filed in accordance with  is
16    issued to the corporation under Section 2.10 of this Act, but
17    in  no event shall the initial franchise tax be less than $25
18    nor more than $1,000,000 per annum plus 1/20th of 1%  of  the
19    basis therefor. The initial franchise tax payable on or after
20    January  1,  2004,  by  each  domestic  corporation  shall be
21    computed at the rate of 15/100 of 1% for the 12-month  period
22    commencing on the first day of the anniversary month in which
23    the  articles  of  incorporation are filed in accordance with
24    Section 2.10 of this Act, but in no event shall  the  initial
25    franchise  tax  be less than $25 nor more than $2,000,000 per
26    annum plus 1/10th of 1% of the basis therefor.
27        (e)  Each  additional  franchise  tax  payable  by   each
28    domestic corporation for the period beginning January 1, 1983
29    through  December  31,  1983 shall be computed at the rate of
30    1/12 of 1/10 of  1%  for  each  calendar  month  or  fraction
31    thereof,  between the date of each respective increase in its
32    paid-in capital and its anniversary month in 1984; thereafter
33    until the last day of the month that is both  after  December
34    31,  1990  and  the  third  month  immediately  preceding the
 
SB1903 Enrolled            -377-     LRB093 08682 RCE 08912 b
 1    anniversary month in 1991,   each  additional  franchise  tax
 2    payable by each domestic corporation shall be computed at the
 3    rate  of  1/12  of  1/10  of  1%  for each calendar month, or
 4    fraction  thereof,  between  the  date  of  each   respective
 5    increase  in  its  paid-in  capital  and its next anniversary
 6    month; however, if the increase occurs  within  the  2  month
 7    period  immediately  preceding the anniversary month, the tax
 8    shall be computed  to  the  anniversary  month  of  the  next
 9    succeeding   calendar  year.  Commencing  with  increases  in
10    paid-in capital that occur subsequent to  both  December  31,
11    1990  and  the  last  day  of  the  third  month  immediately
12    preceding  the  anniversary  month  in  1991,  the additional
13    franchise tax payable by  a  domestic  corporation  shall  be
14    computed at the rate of 15/100 of 1%.
15    (Source: P.A. 91-464, eff. 1-1-00.)

16        (805 ILCS 5/15.75) (from Ch. 32, par. 15.75)
17        Sec.  15.75.  Rate  of franchise taxes payable by foreign
18    corporations.
19        (a)  The annual franchise tax  payable  by  each  foreign
20    corporation  shall be computed at the rate of 1/12 of 1/10 of
21    1% for each calendar month or fraction thereof for the period
22    commencing on the first day of July 1983 to the first day  of
23    the  anniversary  month  in  1984,  but in no event shall the
24    amount of the annual franchise tax be less than $2.083333 per
25    month based on a minimum  of  $25  per  annum  or  more  than
26    $83,333.333333  per  month;  commencing on January 1, 1984 to
27    the first day of the anniversary month in  2004,  thereafter,
28    the  annual franchise tax payable by each foreign corporation
29    shall be  computed  at  the  rate  of  1/10  of  1%  for  the
30    12-months'   period  commencing  on  the  first  day  of  the
31    anniversary month or, in the case of a corporation  that  has
32    established  an  extended  filing  month, the extended filing
33    month of the corporation, but in no event shall the amount of
 
SB1903 Enrolled            -378-     LRB093 08682 RCE 08912 b
 1    the annual franchise tax be  less  than  $25  nor  more  than
 2    $1,000,000  per  annum;  commencing  on  January 1, 2004, the
 3    annual franchise tax  payable  by  each  foreign  corporation
 4    shall  be computed at the rate of 1/10 of 1% for the 12-month
 5    period commencing on the first day of the  anniversary  month
 6    or,  in  the  case  of  a corporation that has established an
 7    extended filing month,  the  extended  filing  month  of  the
 8    corporation,  but  in no event shall the amount of the annual
 9    franchise tax be less than $25 nor more then  $2,000,000  per
10    annum.
11        (b)  The  annual  franchise  tax  payable by each foreign
12    corporation at the time of filing a statement of election and
13    interim annual report in connection with an anniversary month
14    prior to January, 2004 shall be computed at the rate of  1/10
15    of  1% for the 12 month period commencing on the first day of
16    the anniversary month of the corporation next  following  the
17    filing,  but  in  no  event  shall  the  amount of the annual
18    franchise tax be less than $25 nor more than  $1,000,000  per
19    annum;  commencing  with  the  first  anniversary  month that
20    occurs after December, 2003, the annual franchise tax payable
21    by each foreign corporation at the time of filing a statement
22    of election and interim annual report shall  be  computed  at
23    the  rate of 1/10 of 1% for the 12-month period commencing on
24    the first day of the anniversary  month  of  the  corporation
25    next  following such filing, but in no event shall the amount
26    of the annual  franchise tax be less than $25 nor  more  than
27    $2,000,000 per annum.
28        (c)  The  annual  franchise  tax  payable  at the time of
29    filing the final transition annual report in connection  with
30    an  anniversary  month  prior  to  January,  2004 shall be an
31    amount equal to (i) 1/12 of 1/10  of  1%  per  month  of  the
32    proportion  of  paid-in  capital represented in this State as
33    shown in the final transition  annual  report  multiplied  by
34    (ii)  the  number  of  months commencing with the anniversary
 
SB1903 Enrolled            -379-     LRB093 08682 RCE 08912 b
 1    month next following the filing of the statement of  election
 2    until,  but excluding, the second extended filing month, less
 3    the annual franchise tax theretofore  paid  at  the  time  of
 4    filing  the  statement of election, but in no event shall the
 5    amount of the annual franchise tax be less than $2.083333 per
 6    month based on a minimum  of  $25  per  annum  or  more  than
 7    $83,333.333333   per   month;   commencing   with  the  first
 8    anniversary month  that  occurs  after  December,  2003,  the
 9    annual  franchise tax payable at the time of filing the final
10    transition annual report shall be an amount equal to (i) 1/12
11    of 1/10 of 1% per month of the proportion of paid-in  capital
12    represented  in  this  State as shown in the final transition
13    annual  report  multiplied  by  (ii)  the  number  of  months
14    commencing with the  anniversary  month  next  following  the
15    filing of the statement of election until, but excluding, the
16    second  extended  filing month, less the annual franchise tax
17    theretofore paid at the  time  of  filing  the  statement  of
18    election,  but  in  no  event  shall the amount of the annual
19    franchise tax be less than $2.083333 per  month  based  on  a
20    minimum  of  $25  per  annum or more than $166,666.666666 per
21    month.
22        (d)  The initial franchise tax payable after  January  1,
23    1983,   but  prior  to  January  1,  1991,  by  each  foreign
24    corporation shall be computed at the rate of 1/10 of  1%  for
25    the  12  months'  period  commencing  on the first day of the
26    anniversary month in which the application for  authority  is
27    filed by the corporation under Section 13.15 of this Act, but
28    in no event shall the franchise tax be less than $25 nor more
29    than  $1,000,000  per annum.  Except in the case of a foreign
30    corporation that has begun transacting business  in  Illinois
31    prior  to  January 1, 1991, the initial franchise tax payable
32    on or after January 1, 1991,  by  each  foreign  corporation,
33    shall  be  computed  at  the  rate  of  15/100  of 1% for the
34    12-month 12 month period commencing on the first day  of  the
 
SB1903 Enrolled            -380-     LRB093 08682 RCE 08912 b
 1    anniversary  month  in which the application for authority is
 2    filed by the corporation under Section 13.15 of this Act, but
 3    in no event shall  the  franchise  tax  for  a  taxable  year
 4    commencing prior to January 1, 2004 be less than $25 nor more
 5    than  $1,000,000  per  annum  plus  1/20  of  1% of the basis
 6    therefor and in no  event  shall  the  franchise  tax  for  a
 7    taxable  year  commencing on or after January 1, 2004 be less
 8    than $25 or more than $2,000,000 per annum plus 1/20 of 1% of
 9    the basis therefor.
10        (e)  Whenever the  application  for  authority  indicates
11    that the corporation commenced transacting business:
12             (1)  prior to January 1, 1991, the initial franchise
13        tax  shall  be computed at the rate of 1/12 of 1/10 of 1%
14        for each calendar month; or
15             (2)  after December 31, 1990, the initial  franchise
16        tax shall be computed at the rate of 1/12 of 15/100 of 1%
17        for each calendar month.
18        (f)  Each   additional  franchise  tax  payable  by  each
19    foreign corporation for the period beginning January 1,  1983
20    through  December  31,  1983 shall be computed at the rate of
21    1/12 of 1/10 of  1%  for  each  calendar  month  or  fraction
22    thereof  between  the date of each respective increase in its
23    paid-in capital and its anniversary month in 1984; thereafter
24    until the last day of the month that is both  after  December
25    31,  1990  and  the  third  month  immediately  preceding the
26    anniversary month in  1991,  each  additional  franchise  tax
27    payable  by each foreign corporation shall be computed at the
28    rate of 1/12 of 1/10  of  1%  for  each  calendar  month,  or
29    fraction   thereof,  between  the  date  of  each  respective
30    increase in its paid-in  capital  and  its  next  anniversary
31    month;  however,  if  the  increase occurs within the 2 month
32    period immediately preceding the anniversary month,  the  tax
33    shall  be  computed  to  the  anniversary  month  of the next
34    succeeding  calendar  year.  Commencing  with  increases   in
 
SB1903 Enrolled            -381-     LRB093 08682 RCE 08912 b
 1    paid-in  capital  that  occur subsequent to both December 31,
 2    1990  and  the  last  day  of  the  third  month  immediately
 3    preceding the  anniversary  month  in  1991,  the  additional
 4    franchise  tax  payable  by  a  foreign  corporation shall be
 5    computed at the rate of 15/100 of 1%.
 6    (Source: P.A. 91-464, eff. 1-1-00; 92-33, eff. 7-1-01.)

 7        Section 75-93.  The Business Corporation Act of  1983  is
 8    amended by changing Section 15.95 as follows:

 9        (805 ILCS 5/15.95) (from Ch. 32, par. 15.95)
10        Sec.  15.95.  Department  of  Business  Services  Special
11    Operations Fund.
12        (a)  A  special  fund  in the State treasury known as the
13    Division of Corporations Special Operations Fund  is  renamed
14    the  Department of Business Services Special Operations Fund.
15    Moneys  deposited   into   the   Fund   shall,   subject   to
16    appropriation, be used by the Department of Business Services
17    of   the  Office  of  the  Secretary  of  State,  hereinafter
18    "Department",  to  create  and  maintain  the  capability  to
19    perform expedited services in response  to  special  requests
20    made  by  the public for same day or 24 hour service.  Moneys
21    deposited into the Fund shall be used for,  but  not  limited
22    to,  expenditures  for  personal services, retirement, social
23    security, contractual services,  equipment,  electronic  data
24    processing, and telecommunications.
25        (b)  The  balance  in  the  Fund at the end of any fiscal
26    year shall not exceed $600,000 $400,000  and  any  amount  in
27    excess  thereof  shall  be transferred to the General Revenue
28    Fund.
29        (c)  All fees payable to the  Secretary  of  State  under
30    this Section shall be deposited into the Fund.  No other fees
31    or taxes collected under this Act shall be deposited into the
32    Fund.
 
SB1903 Enrolled            -382-     LRB093 08682 RCE 08912 b
 1        (d)  "Expedited  services" means services rendered within
 2    the same day, or within 24 hours from the time,  the  request
 3    therefor  is  submitted  by  the  filer,  law  firm,  service
 4    company,  or  messenger  physically  in  person  or,  at  the
 5    Secretary  of State's discretion, by electronic means, to the
 6    Department's Springfield Office  and  includes  requests  for
 7    certified  copies,  photocopies,  and  certificates  of  good
 8    standing  or fact made to the Department's Springfield Office
 9    in person or by telephone, or requests  for  certificates  of
10    good  standing  or fact made in person or by telephone to the
11    Department's Chicago Office.
12        (e)  Fees for expedited services shall be as follows:
13        Restatement of articles, $200 $100;
14        Merger, consolidation or exchange, $200 $100;
15        Articles of incorporation, $100 $50;
16        Articles of amendment, $100 $50;
17        Revocation of dissolution, $100 $50;
18        Reinstatement, $100 $50;
19        Application for authority, $100 $50;
20        Cumulative report of changes in issued shares or  paid-in
21    capital, $100 $50;
22        Report following merger or consolidation, $100 $50;
23        Certificate of good standing or fact, $20 $10;
24        All  other  filings,  copies of documents, annual reports
25    for the  3  preceding  years,  and  copies  of  documents  of
26    dissolved  or  revoked corporations having a file number over
27    5199, $50 $25.
28        (f)  Expedited services shall  not  be  available  for  a
29    statement of correction, a petition for refund or adjustment,
30    or  a  request involving more than 3 year's annual reports or
31    involving dissolved corporations with  a  file  number  below
32    5200.
33    (Source: P.A. 91-463, eff. 1-1-00; 92-33, eff. 7-1-01.)
 
SB1903 Enrolled            -383-     LRB093 08682 RCE 08912 b
 1        Section 75-95.  The Medical Corporation Act is amended by
 2    adding Section 5.1 as follows:

 3        (805 ILCS 15/5.1 new)
 4        Sec.  5.1.  Deposit of fees and fines.  Beginning July 1,
 5    2003, all of the fees and  fines  collected  under  this  Act
 6    shall  be  deposited  into  the General Professions Dedicated
 7    Fund.

 8        Section 75-100.  The Limited  Liability  Company  Act  is
 9    amended  by  changing  Sections  45-45,  50-10,  and 50-15 as
10    follows:

11        (805 ILCS 180/45-45)
12        Sec. 45-45.  Transaction of business without admission.
13        (a)  A  foreign  limited  liability  company  transacting
14    business in this State may not maintain a civil action in any
15    court of this State until the limited  liability  company  is
16    admitted to transact business in this State.
17        (b)  The  failure  of a foreign limited liability company
18    to be admitted to transact business in this  State  does  not
19    impair  the  validity  of  any contract or act of the foreign
20    limited liability company  or  prevent  the  foreign  limited
21    liability  company  from  defending  any  civil action in any
22    court of this State.
23        (c)  A foreign limited liability company, by  transacting
24    business  in  this  State  without  being  admitted to do so,
25    appoints the Secretary of State as its agent  upon  whom  any
26    notice, process, or demand may be served.
27        (d)  A  foreign  limited liability company that transacts
28    business in this State without being admitted to do so  shall
29    be  liable to the State for the years or parts thereof during
30    which it transacted business  in  this  State  without  being
31    admitted  in an amount equal to all fees that would have been
 
SB1903 Enrolled            -384-     LRB093 08682 RCE 08912 b
 1    imposed by this Article upon that limited  liability  company
 2    had it been duly admitted, filed all reports required by this
 3    Article,  and paid all penalties imposed by this Article.  If
 4    a limited liability  company  fails  to  be  admitted  to  do
 5    business  in  this  State  within  60 days after it commences
 6    transacting business in Illinois, it is liable for a  penalty
 7    of  $2,000  $1,000  plus  $100 $50 for each month or fraction
 8    thereof in which it has continued  to  transact  business  in
 9    this  State  without  being  admitted to do so.  The Attorney
10    General shall bring proceedings to recover  all  amounts  due
11    this State under this Article.
12        (e)  A  member  of a foreign limited liability company is
13    not liable for the  debts  and  obligations  of  the  limited
14    liability  company  solely  by reason of the company's having
15    transacted business in this State without being  admitted  to
16    do so.
17    (Source: P.A. 87-1062.)

18        (805 ILCS 180/50-10)
19        Sec. 50-10.  Fees.
20        (a)  The  Secretary  of State shall charge and collect in
21    accordance  with  the  provisions  of  this  Act  and   rules
22    promulgated under its authority all of the following:
23             (1)  Fees for filing documents.
24             (2)  Miscellaneous charges.
25             (3)  Fees  for  the sale of lists of filings, copies
26        of any documents, and for the  sale  or  release  of  any
27        information.
28        (b)  The  Secretary of State shall charge and collect for
29    all of the following:
30             (1)  Filing  articles  of  organization  of  limited
31        liability companies (domestic), application for admission
32        (foreign),  and   restated   articles   of   organization
33        (domestic), $500 $400.
 
SB1903 Enrolled            -385-     LRB093 08682 RCE 08912 b
 1             (2)  Filing amendments:
 2                  (A)  For  other than change of registered agent
 3             name or registered office, or both, $150 $100.
 4                  (B)  For the purpose of changing the registered
 5             agent name or registered office, or both, $35 $25.
 6             (3)  Filing articles of dissolution  or  application
 7        for withdrawal, $100.
 8             (4)  Filing an application to reserve a name, $300.
 9             (5)  Renewal fee for reserved name, $100.
10             (6)  Filing  a  notice  of  a transfer of a reserved
11        name, $100.
12             (7)  Registration of a name, $300.
13             (8)  Renewal of registration of a name, $100.
14             (9)  Filing an application for  use  of  an  assumed
15        name  under  Section 1-20 of this Act, $150 for each year
16        or part thereof ending in 0 or 5, $120 for each  year  or
17        part  thereof ending in 1 or 6, $90 for each year or part
18        thereof ending in 2 or 7,  $60  for  each  year  or  part
19        thereof  ending  in  3  or  8,  $30 for each year or part
20        thereof ending in 4 or 9, and a renewal for each  assumed
21        name, $300.
22             (10)  Filing an application for change of an assumed
23        name, $100.
24             (11)  Filing an annual report of a limited liability
25        company  or foreign limited liability company, $250 $200,
26        if filed as required by  this  Act,  plus  a  penalty  if
27        delinquent.
28             (12)  Filing  an  application for reinstatement of a
29        limited liability company or  foreign  limited  liability
30        company $500.
31             (13)  Filing  Articles  of Merger, $100 plus $50 for
32        each party to  the  merger  in  excess  of  the  first  2
33        parties.
34             (14)  Filing an Agreement of Conversion or Statement
 
SB1903 Enrolled            -386-     LRB093 08682 RCE 08912 b
 1        of Conversion, $100.
 2             (15)  Filing any other document, $100.
 3        (c)  The  Secretary of State shall charge and collect all
 4    of the following:
 5             (1)  For furnishing a copy or certified copy of  any
 6        document,  instrument,  or  paper  relating  to a limited
 7        liability company or foreign limited  liability  company,
 8        $1  per  page,  but  not  less  than $25, and $25 for the
 9        certificate and for affixing the seal thereto.
10             (2)  For the transfer  of  information  by  computer
11        process media to any purchaser, fees established by rule.
12    (Source: P.A. 92-33, eff. 7-1-01.)

13        (805 ILCS 180/50-15)
14        Sec. 50-15.  Penalty.
15        (a)  The  Secretary  of  State  shall declare any limited
16    liability company or foreign limited liability company to  be
17    delinquent  and  not in good standing if any of the following
18    occur:
19             (1)  It has failed to file its annual report and pay
20        the requisite fee as required  by  this  Act  before  the
21        first  day  of the anniversary month in the year in which
22        it is due.
23             (2)  It  has  failed  to  appoint  and  maintain   a
24        registered   agent   in   Illinois   within  60  days  of
25        notification of the Secretary of State by  the  resigning
26        registered agent.
27             (3)  (Blank).
28        (b)  If  the limited liability company or foreign limited
29    liability company has not corrected the  default  within  the
30    time  periods  prescribed by this Act, the Secretary of State
31    shall be empowered to invoke any of the following penalties:
32             (1)  For  failure  or   refusal   to   comply   with
33        subsection  (a)  of this Section within 60 days after the
 
SB1903 Enrolled            -387-     LRB093 08682 RCE 08912 b
 1        due date, a penalty of $300 $100 plus $50 for each  month
 2        or  fraction  thereof  until returned to good standing or
 3        until administratively  dissolved  by  the  Secretary  of
 4        State.
 5             (2)  The  Secretary  of  State  shall  not  file any
 6        additional  documents,  amendments,  reports,  or   other
 7        papers  relating  to  any  limited  liability  company or
 8        foreign limited  liability  company  organized  under  or
 9        subject   to   the  provisions  of  this  Act  until  any
10        delinquency under subsection (a) is satisfied.
11             (3)  In response to inquiries received in the Office
12        of the Secretary of State  from  any  party  regarding  a
13        limited   liability   company  that  is  delinquent,  the
14        Secretary of State may show the limited liability company
15        as not in good standing.
16    (Source: P.A. 90-424, eff. 1-1-98; 91-354, eff. 1-1-00.)

17        Section 75-105.  The Limited  Liability  Company  Act  is
18    amended by changing Section 50-50 as follows:

19        (805 ILCS 180/50-50)
20        Sec.  50-50.  Department  of  Business  Services  Special
21    Operations Fund.
22        (a)  A  special fund in the State treasury is created and
23    shall be known as the Department of Business Services Special
24    Operations  Fund.  Moneys  deposited  into  the  Fund  shall,
25    subject to  appropriation,  be  used  by  the  Department  of
26    Business  Services  of  the Office of the Secretary of State,
27    hereinafter  "Department",  to  create   and   maintain   the
28    capability  to  perform  expedited  services  in  response to
29    special requests made by the public for same-day  or  24-hour
30    service.  Moneys  deposited  into the Fund shall be used for,
31    but not  limited  to,  expenditures  for  personal  services,
32    retirement, Social Security, contractual services, equipment,
 
SB1903 Enrolled            -388-     LRB093 08682 RCE 08912 b
 1    electronic data processing, and telecommunications.
 2        (b)  The  balance  in  the  Fund at the end of any fiscal
 3    year shall not exceed $600,000 $400,000, and  any  amount  in
 4    excess  thereof  shall  be transferred to the General Revenue
 5    Fund.
 6        (c)  All fees payable to the  Secretary  of  State  under
 7    this  Section shall be deposited into the Fund. No other fees
 8    or charges collected under this Act shall be  deposited  into
 9    the Fund.
10        (d)  "Expedited  services" means services rendered within
11    the same day, or within 24 hours from the time,  the  request
12    therefor  is  submitted  by  the  filer,  law  firm,  service
13    company,  or  messenger  physically  in  person  or,  at  the
14    Secretary  of State's discretion, by electronic means, to the
15    Department's Springfield Office  and  includes  requests  for
16    certified  copies,  photocopies,  and  certificates  of  good
17    standing  made  to  the  Department's  Springfield  Office in
18    person or by telephone, or requests for certificates of  good
19    standing  made  in person or by telephone to the Department's
20    Chicago Office.
21        (e)  Fees for expedited services shall be as follows:
22        Restated articles of organization, $200 $100;
23        Merger or conversion, $200 $100;
24        Articles of organization, $100 $50;
25        Articles of amendment, $100 $50;
26        Reinstatement, $100 $50;
27        Application for admission to transact business, $100 $50;
28        Certificate of good  standing  or  abstract  of  computer
29    record, $20 $10;
30        All  other  filings, copies of documents, annual reports,
31    and copies of  documents  of  dissolved  or  revoked  limited
32    liability companies, $50 $25.
33    (Source: P.A. 91-463, eff. 1-1-00; 92-33, eff. 7-1-01.)
 
SB1903 Enrolled            -389-     LRB093 08682 RCE 08912 b
 1        Section  75-110.  The Revised Uniform Limited Partnership
 2    Act is amended by changing Sections 1102 and 1111 as follows:

 3        (805 ILCS 210/1102) (from Ch. 106 1/2, par. 161-2)
 4        Sec. 1102.  Fees.
 5        (a)  The Secretary of State shall charge and  collect  in
 6    accordance   with  the  provisions  of  this  Act  and  rules
 7    promulgated pursuant to its authority:
 8             (1)  fees for filing documents;
 9             (2)  miscellaneous charges;
10             (3)  fees for the sale of lists of  filings,  copies
11        of  any  documents,  and  for  the sale or release of any
12        information.
13        (b)  The Secretary of State shall charge and collect for:
14             (1)  filing  certificates  of  limited   partnership
15        (domestic), certificates of admission (foreign), restated
16        certificates   of  limited  partnership  (domestic),  and
17        restated certificates of admission (foreign), $150 $75;
18             (2)  filing certificates to be governed by this Act,
19        $50 $25;
20             (3)  filing   amendments   and    certificates    of
21        amendment, $50 $25;
22             (4)  filing certificates of cancellation, $25;
23             (5)  filing  an  application  for  use of an assumed
24        name pursuant to Section 108 of this Act, $150  for  each
25        year or part thereof ending in 0 or 5, $120 for each year
26        or  part  thereof  ending in 1 or 6, $90 for each year or
27        part thereof ending in 2 or 7, $60 for each year or  part
28        thereof  ending  in  3  or  8,  $30 for each year or part
29        thereof ending in 4 or 9, and  a  renewal  fee  for  each
30        assumed name, $150;
31             (6)  filing  a  renewal  report  of  a  domestic  or
32        foreign   limited  partnership,  $150  $15  if  filed  as
33        required by this Act, plus $100 penalty if delinquent;
 
SB1903 Enrolled            -390-     LRB093 08682 RCE 08912 b
 1             (7)  filing an application for  reinstatement  of  a
 2        domestic  or foreign limited partnership, and for issuing
 3        a certificate of reinstatement, $200 $100;
 4             (8)  filing any other document, $50 $5.
 5        (c)  The Secretary of State shall charge and collect:
 6             (1)  for furnishing a copy or certified copy of  any
 7        document,  instrument  or  paper  relating  to a domestic
 8        limited partnership or foreign limited  partnership,  $25
 9        $.50  per  page,  but  not  less  than $5, and $5 for the
10        certificate and for affixing the seal thereto; and
11             (2)  for the transfer  of  information  by  computer
12        process media to any purchaser, fees established by rule.
13    (Source: P.A. 92-33, eff. 7-1-01.)

14        (805 ILCS 210/1111)
15        Sec.   1111.  Department  of  Business  Services  Special
16    Operations Fund.
17        (a)  A special fund in the State Treasury is created  and
18    shall be known as the Department of Business Services Special
19    Operations  Fund.  Moneys  deposited  into  the  Fund  shall,
20    subject  to  appropriation,  be  used  by  the  Department of
21    Business Services of the Office of the  Secretary  of  State,
22    hereinafter   "Department",   to   create  and  maintain  the
23    capability to  perform  expedited  services  in  response  to
24    special  requests  made by the public for same day or 24 hour
25    service. Moneys deposited into the Fund shall  be  used  for,
26    but  not  limited  to,  expenditures  for  personal services,
27    retirement, social security contractual services,  equipment,
28    electronic data processing, and telecommunications.
29        (b)  The  balance  in  the  Fund at the end of any fiscal
30    year shall not exceed $600,000 $400,000  and  any  amount  in
31    excess  thereof  shall  be transferred to the General Revenue
32    Fund.
33        (c)  All fees payable to the  Secretary  of  State  under
 
SB1903 Enrolled            -391-     LRB093 08682 RCE 08912 b
 1    this  Section shall be deposited into the Fund. No other fees
 2    or charges collected under this Act shall be  deposited  into
 3    the Fund.
 4        (d)  "Expedited  services" means services rendered within
 5    the same day, or within 24 hours from the time,  the  request
 6    therefor  is  submitted  by  the  filer,  law  firm,  service
 7    company,  or  messenger  physically  in  person,  or  at  the
 8    Secretary  of State's discretion, by electronic means, to the
 9    Department's  Springfield  Office  or  Chicago   Office   and
10    includes  requests  for  certified  copies,  photocopies, and
11    certificates of existence or  abstracts  of  computer  record
12    made  to  the Department's Springfield Office in person or by
13    telephone, or  requests  for  certificates  of  existence  or
14    abstracts  of  computer record made in person or by telephone
15    to the Department's Chicago Office.
16        (e)  Fees for expedited services shall be as follows:
17        Merger or conversion, $200 $100;
18        Certificate of limited partnership, $100 $50;
19        Certificate of amendment, $100 $50;
20        Reinstatement, $100 $50;
21        Application for admission to transact business, $100 $50;
22        Certificate of cancellation of admission, $100 $50;
23        Certificate of existence or abstract of computer  record,
24    $20 $10.
25        All  other filings, copies of documents, biennial renewal
26    reports,  and  copies  of  documents  of   canceled   limited
27    partnerships, $50 $25.
28    (Source: P.A. 91-463, eff. 1-1-00; 92-33, eff. 7-1-01.)

29        Section  75-115.   The Illinois Securities Law of 1953 is
30    amended by adding Section 18.1 as follows:

31        (815 ILCS 5/18.1 new)
32        Sec. 18.1.  Additional fees.  In addition  to  any  other
 
SB1903 Enrolled            -392-     LRB093 08682 RCE 08912 b
 1    fee  that  the  Secretary  of  State  may  impose and collect
 2    pursuant to the authority contained in Sections 4, 8, and 11a
 3    of this Act, beginning on July 1, 2003 the Secretary of State
 4    shall also collect the following additional fees:

 5    Securities offered or sold under the Uniform
 6    Limited Offering Exemption Pursuant to
 7    Section 4.D of the Act..........................         $100

 8    Registration and renewal of a dealer............         $300

 9    Registration and renewal of an investment adviser.       $200

10    Federal covered investment adviser notification
11    filing and annual notification filing...........         $200

12    Registration and renewal of a salesperson.......          $75

13    Registration and renewal of an investment adviser
14    representative and a federal covered
15    investment adviser representative...............          $75
16        Investment fund shares  notification  filing  and  annual
17    notification filing: $800 plus $80 for each series, class, or
18    portfolio.
19        All  fees collected by the Secretary of State pursuant to
20    this amendatory Act of the 93rd  General  Assembly  shall  be
21    deposited   into  the  General  Revenue  Fund  in  the  State
22    treasury.

23                             ARTICLE 999

24        Section 999-1.  Effective  date.  This  Act,  except  for
25    Article  75, takes effect upon becoming law. Article 75 takes
26    effect on July 1, 2003, except as follows:
27             (1)  The provisions of Article 75  changing  Section
28        15.95 of the Business Corporation Act of 1983 and Section
29        50-50 of the Limited Liability Company Act take effect on
 
SB1903 Enrolled            -393-     LRB093 08682 RCE 08912 b
 1        September 1, 2003.
 2             (2)  The  provisions of Article 75 changing Sections
 3        15.10, 15.12, 15.15, 15.45, and  15.75  of  the  Business
 4        Corporation  Act  of  1983  and  the  provisions changing
 5        Sections 45-45, 50-10, and 50-15 of the Limited Liability
 6        Company Act take effect on December 1, 2003.
 7             (3)  The provisions of Article 75  changing  Section
 8        5.5  of the Secretary of State Act and Sections 6-118 and
 9        7-707 of the Illinois Vehicle Code take effect on January
10        1, 2004.