98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB3443

 

Introduced 2/14/2014, by Sen. Dan Kotowski

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the State Budget Law of the Civil Administrative Code of Illinois. Removes a requirement that the Governor must distribute budget statements on all appropriated funds. Removes a requirement that the Governor's written quarterly financial reports must be prepared for each State agency and on a statewide level. Amends the Property Tax Code. Provides that certain information must be posted on the Department of Revenue's website. Repeals a provision of the Wholesale Drug Distribution Licensing Act requiring wholesale distributors to submit a bond. Amends the Liquor Control Act of 1934. Removes a provision requiring State parks to consent before alcohol may be sold at retail in buildings in the park. Repeals the High Blood Pressure Control Act. Amends the Environmental Control Act. Authorizes the transfer of moneys from the Hazardous Waste Occupational Licensing Fund to the Environmental Protection Permit and Inspection Fund. Repeals various boards and commissions. Amends the Animal Gastroenteritis Act to add members to the Swine Disease Control Committee. Provides that meetings shall only be held in the event of a disease outbreak. Repeals the Defense Contract Employment Discrimination Act. Effective immediately, except that some provisions take effect January 1, 2015.


LRB098 15945 HLH 55564 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB3443LRB098 15945 HLH 55564 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Budget Law of the Civil Administrative
5Code of Illinois is amended by changing Section 50-5 as
6follows:
 
7    (15 ILCS 20/50-5)
8    Sec. 50-5. Governor to submit State budget.
9    (a) The Governor shall, as soon as possible and not later
10than the second Wednesday in March in 2010 (March 10, 2010),
11the third Wednesday in February in 2011, the fourth Wednesday
12in February in 2012 (February 22, 2012), the first Wednesday in
13March in 2013 (March 6, 2013), the fourth Wednesday in March in
142014 (March 26, 2014), and the third Wednesday in February of
15each year thereafter, except as otherwise provided in this
16Section, submit a State budget, embracing therein the amounts
17recommended by the Governor to be appropriated to the
18respective departments, offices, and institutions, and for all
19other public purposes, the estimated revenues from taxation,
20and the estimated revenues from sources other than taxation.
21Except with respect to the capital development provisions of
22the State budget, beginning with the revenue estimates prepared
23for fiscal year 2012, revenue estimates shall be based solely

 

 

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1on: (i) revenue sources (including non-income resources),
2rates, and levels that exist as of the date of the submission
3of the State budget for the fiscal year and (ii) revenue
4sources (including non-income resources), rates, and levels
5that have been passed by the General Assembly as of the date of
6the submission of the State budget for the fiscal year and that
7are authorized to take effect in that fiscal year. Except with
8respect to the capital development provisions of the State
9budget, the Governor shall determine available revenue, deduct
10the cost of essential government services, including, but not
11limited to, pension payments and debt service, and assign a
12percentage of the remaining revenue to each statewide
13prioritized goal, as established in Section 50-25 of this Law,
14taking into consideration the proposed goals set forth in the
15report of the Commission established under that Section. The
16Governor shall also demonstrate how spending priorities for the
17fiscal year fulfill those statewide goals. The amounts
18recommended by the Governor for appropriation to the respective
19departments, offices and institutions shall be formulated
20according to each department's, office's, and institution's
21ability to effectively deliver services that meet the
22established statewide goals. The amounts relating to
23particular functions and activities shall be further
24formulated in accordance with the object classification
25specified in Section 13 of the State Finance Act. In addition,
26the amounts recommended by the Governor for appropriation shall

 

 

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1take into account each State agency's effectiveness in
2achieving its prioritized goals for the previous fiscal year,
3as set forth in Section 50-25 of this Law, giving priority to
4agencies and programs that have demonstrated a focus on the
5prevention of waste and the maximum yield from resources.
6    Beginning in fiscal year 2011, the Governor shall
7distribute written quarterly financial reports on operating
8funds, which may include general, State, or federal funds and
9may include funds related to agencies that have significant
10impacts on State operations, and budget statements on all
11appropriated funds to the General Assembly and the State
12Comptroller. The reports shall be submitted no later than 45
13days after the last day of each quarter of the fiscal year and
14shall be posted on the Governor's Office of Management and
15Budget's website on the same day. The reports shall be prepared
16and presented for each State agency and on a statewide level in
17an executive summary format that may include, for the fiscal
18year to date, individual itemizations for each significant
19revenue type as well as itemizations of expenditures and
20obligations, by agency, with an appropriate level of detail.
21The reports shall include a calculation of the actual total
22budget surplus or deficit for the fiscal year to date. The
23Governor shall also present periodic budget addresses
24throughout the fiscal year at the invitation of the General
25Assembly.
26    The Governor shall not propose expenditures and the General

 

 

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1Assembly shall not enact appropriations that exceed the
2resources estimated to be available, as provided in this
3Section. Appropriations may be adjusted during the fiscal year
4by means of one or more supplemental appropriation bills if any
5State agency either fails to meet or exceeds the goals set
6forth in Section 50-25 of this Law.
7    For the purposes of Article VIII, Section 2 of the 1970
8Illinois Constitution, the State budget for the following funds
9shall be prepared on the basis of revenue and expenditure
10measurement concepts that are in concert with generally
11accepted accounting principles for governments:
12        (1) General Revenue Fund.
13        (2) Common School Fund.
14        (3) Educational Assistance Fund.
15        (4) Road Fund.
16        (5) Motor Fuel Tax Fund.
17        (6) Agricultural Premium Fund.
18    These funds shall be known as the "budgeted funds". The
19revenue estimates used in the State budget for the budgeted
20funds shall include the estimated beginning fund balance, plus
21revenues estimated to be received during the budgeted year,
22plus the estimated receipts due the State as of June 30 of the
23budgeted year that are expected to be collected during the
24lapse period following the budgeted year, minus the receipts
25collected during the first 2 months of the budgeted year that
26became due to the State in the year before the budgeted year.

 

 

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1Revenues shall also include estimated federal reimbursements
2associated with the recognition of Section 25 of the State
3Finance Act liabilities. For any budgeted fund for which
4current year revenues are anticipated to exceed expenditures,
5the surplus shall be considered to be a resource available for
6expenditure in the budgeted fiscal year.
7    Expenditure estimates for the budgeted funds included in
8the State budget shall include the costs to be incurred by the
9State for the budgeted year, to be paid in the next fiscal
10year, excluding costs paid in the budgeted year which were
11carried over from the prior year, where the payment is
12authorized by Section 25 of the State Finance Act. For any
13budgeted fund for which expenditures are expected to exceed
14revenues in the current fiscal year, the deficit shall be
15considered as a use of funds in the budgeted fiscal year.
16    Revenues and expenditures shall also include transfers
17between funds that are based on revenues received or costs
18incurred during the budget year.
19    Appropriations for expenditures shall also include all
20anticipated statutory continuing appropriation obligations
21that are expected to be incurred during the budgeted fiscal
22year.
23    By March 15 of each year, the Commission on Government
24Forecasting and Accountability shall prepare revenue and fund
25transfer estimates in accordance with the requirements of this
26Section and report those estimates to the General Assembly and

 

 

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1the Governor.
2    For all funds other than the budgeted funds, the proposed
3expenditures shall not exceed funds estimated to be available
4for the fiscal year as shown in the budget. Appropriation for a
5fiscal year shall not exceed funds estimated by the General
6Assembly to be available during that year.
7    (b) By February 24, 2010, the Governor must file a written
8report with the Secretary of the Senate and the Clerk of the
9House of Representatives containing the following:
10        (1) for fiscal year 2010, the revenues for all budgeted
11    funds, both actual to date and estimated for the full
12    fiscal year;
13        (2) for fiscal year 2010, the expenditures for all
14    budgeted funds, both actual to date and estimated for the
15    full fiscal year;
16        (3) for fiscal year 2011, the estimated revenues for
17    all budgeted funds, including without limitation the
18    affordable General Revenue Fund appropriations, for the
19    full fiscal year; and
20        (4) for fiscal year 2011, an estimate of the
21    anticipated liabilities for all budgeted funds, including
22    without limitation the affordable General Revenue Fund
23    appropriations, debt service on bonds issued, and the
24    State's contributions to the pension systems, for the full
25    fiscal year.
26    Between July 1 and August 31 of each fiscal year, the

 

 

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1members of the General Assembly and members of the public may
2make written budget recommendations to the Governor.
3    Beginning with budgets prepared for fiscal year 2013, the
4budgets submitted by the Governor and appropriations made by
5the General Assembly for all executive branch State agencies
6must adhere to a method of budgeting where each priority must
7be justified each year according to merit rather than according
8to the amount appropriated for the preceding year.
9(Source: P.A. 97-669, eff. 1-13-12; 97-813, eff. 7-13-12; 98-2,
10eff. 2-19-13; 98-626, eff. 2-5-14.)
 
11    Section 10. The Personnel Code is amended by changing
12Section 9 as follows:
 
13    (20 ILCS 415/9)  (from Ch. 127, par. 63b109)
14    Sec. 9. Director, powers and duties. The Director, as
15executive head of the Department, shall direct and supervise
16all its administrative and technical activities. In addition to
17the duties imposed upon him elsewhere in this law, it shall be
18his duty:
19    (1) To apply and carry out this law and the rules adopted
20thereunder.
21    (2) To attend meetings of the Commission.
22    (3) To establish and maintain a roster of all employees
23subject to this Act, in which there shall be set forth, as to
24each employee, the class, title, pay, status, and other

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    (20 ILCS 605/605-345 rep.)
2    (20 ILCS 605/605-425 rep.)
3    Section 15. The Department of Commerce and Economic
4Opportunity Law of the Civil Administrative Code of Illinois is
5amended by repealing Sections 605-345 and 605-425.
 
6    Section 20. The Energy Conservation and Coal Development
7Act is amended by changing Section 3 as follows:
 
8    (20 ILCS 1105/3)  (from Ch. 96 1/2, par. 7403)
9    Sec. 3. Powers and Duties.
10    (a) In addition to its other powers, the Department has the
11following powers:
12        (1) To administer for the State any energy programs and
13    activities under federal law, regulations or guidelines,
14    and to coordinate such programs and activities with other
15    State agencies, units of local government, and educational
16    institutions.
17        (2) To represent the State in energy matters involving
18    the federal government, other states, units of local
19    government, and regional agencies.
20        (3) To prepare energy contingency plans for
21    consideration by the Governor and the General Assembly.
22    Such plans shall include procedures for determining when a
23    foreseeable danger exists of energy shortages, including
24    shortages of petroleum, coal, nuclear power, natural gas,

 

 

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1    and other forms of energy, and shall specify the actions to
2    be taken to minimize hardship and maintain the general
3    welfare during such energy shortages.
4        (4) To cooperate with State colleges and universities
5    and their governing boards in energy programs and
6    activities.
7        (5) (Blank).
8        (6) To accept, receive, expend, and administer,
9    including by contracts and grants to other State agencies,
10    any energy-related gifts, grants, cooperative agreement
11    funds, and other funds made available to the Department by
12    the federal government and other public and private
13    sources.
14        (7) To investigate practical problems, seek and
15    utilize financial assistance, implement studies and
16    conduct research relating to the production, distribution
17    and use of alcohol fuels.
18        (8) To serve as a clearinghouse for information on
19    alcohol production technology; provide assistance,
20    information and data relating to the production and use of
21    alcohol; develop informational packets and brochures, and
22    hold public seminars to encourage the development and
23    utilization of the best available technology.
24        (9) To coordinate with other State agencies in order to
25    promote the maximum flow of information and to avoid
26    unnecessary overlapping of alcohol fuel programs. In order

 

 

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1    to effectuate this goal, the Director of the Department or
2    his representative shall consult with the Directors, or
3    their representatives, of the Departments of Agriculture,
4    Central Management Services, Transportation, and Revenue,
5    the Office of the State Fire Marshal, and the Environmental
6    Protection Agency.
7        (10) To operate, within the Department, an Office of
8    Coal Development and Marketing for the promotion and
9    marketing of Illinois coal both domestically and
10    internationally. The Department may use monies
11    appropriated for this purpose for necessary administrative
12    expenses.
13        The Office of Coal Development and Marketing shall
14    develop and implement an initiative to assist the coal
15    industry in Illinois to increase its share of the
16    international coal market.
17        (11) To assist the Department of Central Management
18    Services in establishing and maintaining a system to
19    analyze and report energy consumption of facilities leased
20    by the Department of Central Management Services.
21        (12) To consult with the Departments of Natural
22    Resources and Transportation and the Illinois
23    Environmental Protection Agency for the purpose of
24    developing methods and standards that encourage the
25    utilization of coal combustion by-products as value added
26    products in productive and benign applications.

 

 

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1        (13) To provide technical assistance and information
2    to sellers and distributors of storage hot water heaters
3    doing business in Illinois, pursuant to Section 1 of the
4    Hot Water Heater Efficiency Act.
5    (b) (Blank).
6    (c) (Blank).
7    (d) The Department shall develop a package of educational
8materials containing information regarding the necessity of
9waste reduction and recycling to reduce dependence on landfills
10and to maintain environmental quality. The Department shall
11make this information available to the public on its website
12and for schools to access for their development of materials.
13Those materials developed shall be suitable for instructional
14use in grades 3, 4 and 5. The Department shall distribute such
15instructional material to all public elementary and unit school
16districts and make the information available on the
17Department's website no later than November 1, of each year.
18    (e) (Blank).
19    (f) (Blank).
20    (g) (Blank).
21    (h) (Blank).
22    (i) (Blank).
23(Source: P.A. 98-44, eff. 6-28-13.)
 
24    (20 ILCS 1105/8 rep.)
25    Section 25. The Energy Conservation and Coal Development

 

 

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1Act is amended by repealing Section 8.
 
2    (20 ILCS 2310/2310-373 rep.)
3    (20 ILCS 2310/2310-396 rep.)
4    Section 35. The Department of Public Health Powers and
5Duties Law of the Civil Administrative Code of Illinois is
6amended by repealing Sections 2310-373 and 2310-396.
 
7    (20 ILCS 2605/2605-420 rep.)
8    Section 40. The Department of State Police Law of the Civil
9Administrative Code of Illinois is amended by repealing Section
102605-420.
 
11    Section 45. The Governor's Office of Management and Budget
12Act is amended by changing Section 7.3 as follows:
 
13    (20 ILCS 3005/7.3)
14    Sec. 7.3. Annual economic and fiscal policy report. No
15later than the 3rd business day in By January 1 of each year,
16the Governor's Office of Management and Budget shall submit an
17economic and fiscal policy report to the General Assembly. The
18report must outline the long-term economic and fiscal policy
19objectives of the State, the economic and fiscal policy
20intentions for the upcoming fiscal year, and the economic and
21fiscal policy intentions for the following 2 fiscal years. The
22report must highlight the total level of revenue, expenditure,

 

 

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1deficit or surplus, and debt with respect to each of the
2reporting categories. The report must be posted on the Office's
3Internet website and allow members of the public to post
4comments concerning the report.
5(Source: P.A. 96-1354, eff. 7-28-10.)
 
6    Section 50. The Capital Spending Accountability Law is
7amended by changing Section 805 as follows:
 
8    (20 ILCS 3020/805)
9    Sec. 805. Reports on capital spending. Not later than 45
10days after On the first day of each quarterly period in each
11fiscal year, the Governor's Office of Management and Budget
12shall provide to the Comptroller, the Treasurer, the President
13and the Minority Leader of the Senate, and the Speaker and the
14Minority Leader of the House of Representatives a report on the
15status of all capital projects in the State. The report may
16must be provided in both written and electronic format. The
17report must include all of the following:
18        (1) A brief description or stated purpose of each
19    capital project where applicable (as referred to in this
20    Section, "project").
21        (2) The amount and source of funds (whether from bond
22    funds or other revenues) appropriated for each project,
23    organized into categories including roads, mass transit,
24    schools, environment, civic centers and other categories

 

 

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1    as applicable (as referred to in this Section, "category or
2    categories"), with subtotals for each category.
3        (3) The date the appropriation bill relating to each
4    project was signed by the Governor, organized into
5    categories.
6        (4) The date the written release of the Governor for
7    each project was submitted to the Comptroller or is
8    projected to be submitted and, if a release for any project
9    has not been submitted within 6 months after its
10    appropriation became law, an explanation why the project
11    has not yet been released, all organized into categories.
12        (5) The amount of expenditures to date by the State
13    relating to each project and estimated amount of total
14    State expenditures and proposed schedule of future State
15    expenditures relating to each project, all organized into
16    categories.
17        (6) A timeline for completion of each project,
18    including the dates, if applicable, of execution by the
19    State of any grant agreement, any required engineering or
20    design work or environmental approvals, and the estimated
21    or actual dates of the start and completion of
22    construction, all organized into categories. Any
23    substantial variances on any project from this reported
24    timeline must be explained in the next quarterly report.
25        (7) A summary report of the status of all projects,
26    including the amount of undisbursed funds intended to be

 

 

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1    held or used in the next quarter.
2(Source: P.A. 96-34, eff. 7-13-09.)
 
3    (30 ILCS 105/5.250 rep.)
4    Section 55. The State Finance Act is amended by repealing
5Section 5.250.
 
6    Section 60. The General Obligation Bond Act is amended by
7changing Section 13 as follows:
 
8    (30 ILCS 330/13)  (from Ch. 127, par. 663)
9    Sec. 13. Appropriation of Proceeds from Sale of Bonds.
10    (a) At all times, the proceeds from the sale of Bonds
11issued pursuant to this Act are subject to appropriation by the
12General Assembly and, except as provided in Section 7.2, may be
13obligated or expended only with the written approval of the
14Governor, in such amounts, at such times, and for such purposes
15as the respective State agencies, as defined in Section 1-7 of
16the Illinois State Auditing Act, as amended, deem necessary or
17desirable for the specific purposes contemplated in Sections 2
18through 8 of this Act.
19    (b) (Blank). Proceeds from the sale of Bonds for the
20purpose of development of coal and alternative forms of energy
21shall be expended in such amounts and at such times as the
22Department of Commerce and Economic Opportunity, with the
23advice and recommendation of the Illinois Coal Development

 

 

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1Board for coal development projects, may deem necessary and
2desirable for the specific purpose contemplated by Section 7 of
3this Act. In considering the approval of projects to be funded,
4the Department of Commerce and Economic Opportunity shall give
5special consideration to projects designed to remove sulfur and
6other pollutants in the preparation and utilization of coal,
7and in the use and operation of electric utility generating
8plants and industrial facilities which utilize Illinois coal as
9their primary source of fuel.
10    (c) Except as directed in subsection (c-1) or (c-2), any
11monies received by any officer or employee of the state
12representing a reimbursement of expenditures previously paid
13from general obligation bond proceeds shall be deposited into
14the General Obligation Bond Retirement and Interest Fund
15authorized in Section 14 of this Act.
16    (c-1) Any money received by the Department of
17Transportation as reimbursement for expenditures for high
18speed rail purposes pursuant to appropriations from the
19Transportation Bond, Series B Fund for (i) CREATE (Chicago
20Region Environmental and Transportation Efficiency), (ii) High
21Speed Rail, or (iii) AMTRAK projects authorized by the federal
22government under the provisions of the American Recovery and
23Reinvestment Act of 2009 or the Safe Accountable Flexible
24Efficient Transportation Equity Act—A Legacy for Users
25(SAFETEA-LU), or any successor federal transportation
26authorization Act, shall be deposited into the Federal High

 

 

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1Speed Rail Trust Fund.
2    (c-2) Any money received by the Department of
3Transportation as reimbursement for expenditures for transit
4capital purposes pursuant to appropriations from the
5Transportation Bond, Series B Fund for projects authorized by
6the federal government under the provisions of the American
7Recovery and Reinvestment Act of 2009 or the Safe Accountable
8Flexible Efficient Transportation Equity Act—A Legacy for
9Users (SAFETEA-LU), or any successor federal transportation
10authorization Act, shall be deposited into the Federal Mass
11Transit Trust Fund.
12(Source: P.A. 96-1488, eff. 12-30-10.)
 
13    (30 ILCS 720/Act rep.)
14    Section 65. The Industrial Development Assistance Law is
15repealed.
 
16    (30 ILCS 750/9-4.5 rep.)
17    Section 70. The Build Illinois Act is amended by repealing
18Section 9-4.5.
 
19    Section 75. The Property Tax Code is amended by changing
20Sections 8-35, 17-20, and 17-40 as follows:
 
21    (35 ILCS 200/8-35)
22    Sec. 8-35. Notification requirements; procedure on

 

 

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1protest.
2    (a) Assessments made by the Department. Upon completion of
3its original assessments, the Department shall publish a
4complete list of the assessments on its official website. in
5the State "official newspaper." Any person feeling aggrieved by
6any such assessment may, within 10 days of the date of
7publication of the list, apply to the Department for a review
8and correction of that assessment. Upon review of the
9assessment, the Department shall make any correction as it
10considers just.
11    If review of an assessment has been made and notice has
12been given of the Department's decision, any party to the
13proceeding who feels aggrieved by the decision, may file an
14application for hearing. The application shall be in writing
15and shall be filed with the Department within 20 days after
16notice of the decision has been given by certified mail.
17Petitions for hearing shall state concisely the mistakes
18alleged to have been made or the new evidence to be presented.
19    No action for the judicial review of any assessment
20decision of the Department shall be allowed unless the party
21commencing such action has filed an application for a hearing
22and the Department has acted upon the application.
23    The extension of taxes on an assessment shall not be
24delayed by any proceeding under this Section. In cases where
25the assessment is revised, the taxes extended upon the
26assessment, or that part of the taxes as may be appropriate,

 

 

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1shall be abated or, if already paid, refunded.
2    (b) Exemption decisions made by the Department. Notice of
3each exemption decision made by the Department under Section
415-25, 16-70, or 16-130 shall be given by certified mail to the
5applicant for exemption.
6    If an exemption decision has been made by the Department
7and notice has been given of the Department's decision, any
8party to the proceeding who feels aggrieved by the decision may
9file an application for hearing. The application shall be in
10writing and shall be filed with the Department within 60 days
11after notice of the decision has been given by certified mail.
12Petitions for hearing shall state concisely the mistakes
13alleged to have been made or the new evidence to be presented.
14    If a petition for hearing is filed, the Department shall
15reconsider the exemption decision and shall grant any party to
16the proceeding a hearing. As soon as practical after the
17reconsideration and hearing, the Department shall issue a
18notice of decision by mailing the notice by certified mail. The
19notice shall set forth the Department's findings of fact and
20the basis of the decision.
21    Within 30 days after the mailing of a notice of decision,
22any party to the proceeding may file with the Director a
23written request for rehearing in such form as the Department
24may by rule prescribe, setting forth the grounds on which
25rehearing is requested. If rehearing or Departmental review is
26granted, as soon as practical after the rehearing or

 

 

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1Departmental review has been held, the Department shall issue a
2revised decision to the party or the party's legal
3representative as a result of the rehearing. The action of the
4Department on a petition for hearing shall become final the
5later of (i) 30 days after issuance of a notice of decision, if
6no request for rehearing is made, or (ii) if a timely request
7for rehearing is made, upon the issuance of the denial of the
8request or the issuance of a notice of final decision.
9    No action for the judicial review of any exemption decision
10of the Department shall be allowed unless the party commencing
11the action has filed an application for a hearing and the
12Department has acted upon the application.
13    The extension of taxes on an assessment shall not be
14delayed by any proceeding under this Section. In cases when the
15exemption is granted, in whole or in part, the taxes extended
16upon the assessment, or that part of the taxes as may be
17appropriate, shall be abated or, if already paid, refunded.
18(Source: P.A. 92-658, eff. 7-16-02.)
 
19    (35 ILCS 200/17-20)
20    Sec. 17-20. Hearing on tentative equalization factor. The
21Department shall, after publishing its tentative equalization
22factor and giving notice of hearing to the public on its
23official website in a newspaper of general circulation in the
24county, hold a hearing on its estimate not less than 10 days
25nor more than 30 days from the date of the publication. The

 

 

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1notice shall state the date and time of the hearing, which
2shall be held in either Chicago or Springfield, the basis for
3the estimate of the Department, and further information as the
4Department may prescribe. The Department shall, after giving a
5hearing to all interested parties and opportunity for
6submitting testimony and evidence in support of or adverse to
7the estimate as the Department considers requisite, either
8confirm or revise the estimate so as to correctly represent the
9considered judgment of the Department respecting the estimated
10percentage to be added to or deducted from the aggregate
11assessment of all locally assessed property in the county
12except property assessed under Sections 10-110 through 10-140
13or 10-170 through 10-200. Within 30 days after the conclusion
14of the hearing the Department shall mail to the County Clerk,
15by certified mail, its determination with respect to such
16estimated percentage to be added to or deducted from the
17aggregate assessment.
18(Source: P.A. 91-555, eff. 1-1-00.)
 
19    (35 ILCS 200/17-40)
20    Sec. 17-40. Publication of final equalization factor. The
21Department shall publish on its official website in each county
22the percentage and equalization factor certified to each county
23clerk under Section 17-30. If the percentage differs from the
24percentage derived from the initial estimate certified under
25Section 17-15, a statement as to the basis for the final

 

 

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1percentage shall also be published. The Department shall
2provide the statement to any member of the public upon request.
3(Source: P.A. 79-703; 88-455.)
 
4    Section 80. The Adult Education Reporting Act is amended by
5changing Section 1 as follows:
 
6    (105 ILCS 410/1)  (from Ch. 122, par. 1851)
7    Sec. 1. As used in this Act, "agency" means: the
8Departments of Corrections, Public Aid, Commerce and Economic
9Opportunity, Human Services, and Public Health; the Secretary
10of State; the Illinois Community College Board; and the
11Administrative Office of the Illinois Courts. On and after July
121, 2001, "agency" includes the State Board of Education and
13does not include the Illinois Community College Board.
14(Source: P.A. 94-793, eff. 5-19-06.)
 
15    Section 85. The Public Community College Act is amended by
16changing Section 2-10 as follows:
 
17    (110 ILCS 805/2-10)  (from Ch. 122, par. 102-10)
18    Sec. 2-10. The State Board shall make a thorough,
19comprehensive and continuous study of the status of community
20college education, its problems, needs for improvement, and
21projected developments and shall make a detailed report thereof
22to the General Assembly not later than March 1 of each

 

 

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1odd-numbered year and shall submit recommendations for such
2legislation as it deems necessary.
3    The requirement for reporting to the General Assembly shall
4be satisfied by electronically filing copies of the report with
5the Speaker, the Minority Leader and the Clerk of the House of
6Representatives and the President, the Minority Leader and the
7Secretary of the Senate and the Legislative Research Unit, as
8required by Section 3.1 of "An Act to revise the law in
9relation to the General Assembly", approved February 25, 1874,
10as amended, and electronically filing such additional copies
11with the State Government Report Distribution Center for the
12General Assembly as is required under paragraph (t) of Section
137 of the State Library Act. A copy of the report shall also be
14posted on the State Board's website.
15(Source: P.A. 84-1438.)
 
16    (215 ILCS 5/178 rep.)
17    Section 90. The Illinois Insurance Code is amended by
18repealing Section 178.
 
19    (215 ILCS 5/Art. XVI rep.)
20    (215 ILCS 5/Art. XIXB rep.)
21    Section 95. The Illinois Insurance Code is amended by
22repealing Articles XVI and XIXB.
 
23    (225 ILCS 120/24 rep.)

 

 

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1    Section 100. The Wholesale Drug Distribution Licensing Act
2is amended by repealing Section 24.
 
3    Section 105. The Solid Waste Site Operator Certification
4Law is amended by changing Section 1011 as follows:
 
5    (225 ILCS 230/1011)  (from Ch. 111, par. 7861)
6    Sec. 1011. Fees.
7    (a) Fees for the issuance or renewal of a Solid Waste Site
8Operator Certificate shall be as follows:
9        (1)(A) $400 for issuance or renewal for Class A Solid
10    Waste Site Operators; (B) $200 for issuance or renewal for
11    Class B Solid Waste Site Operators; and (C) $100 for
12    issuance or renewal for special waste endorsements.
13        (2) If the fee for renewal is not paid within the grace
14    period the above fees for renewal shall each be increased
15    by $50.
16    (b) Before the effective date of this amendatory Act of the
1798th General Assembly, all All fees collected by the Agency
18under this Section shall be deposited into the Hazardous Waste
19Occupational Licensing Fund. The Agency is authorized to use
20monies in the Hazardous Waste Occupational Licensing Fund to
21perform its functions, powers, and duties under this Section.
22    On and after the effective date of this amendatory Act of
23the 98th General Assembly, all fees collected by the Agency
24under this Section shall be deposited into the Environmental

 

 

SB3443- 30 -LRB098 15945 HLH 55564 b

1Protection Permit and Inspection Fund to be used in accordance
2with the provisions of Section 22.8 of the Environmental
3Protection Act.
4(Source: P.A. 86-1363.)
 
5    Section 110. The Illinois Athlete Agents Act is amended by
6changing Section 180 as follows:
 
7    (225 ILCS 401/180)
8    Sec. 180. Civil penalties.
9    (a) In addition to any other penalty provided by law, any
10person who violates this Act shall forfeit and pay a civil
11penalty to the Department in an amount not to exceed $10,000
12for each violation as determined by the Department. The civil
13penalty shall be assessed by the Department in accordance with
14the provisions of this Act.
15    (b) The Department has the authority and power to
16investigate any and all unlicensed activity.
17    (c) The civil penalty shall be paid within 60 days after
18the effective date of the order imposing the civil penalty. The
19order shall constitute a judgment and may be filed and
20execution had thereon in the same manner as any judgment from
21any court of record.
22    (d) All moneys collected under this Section shall be
23deposited into the General Professions Dedicated Fund.
24(Source: P.A. 96-1030, eff. 1-1-11.)
 

 

 

SB3443- 31 -LRB098 15945 HLH 55564 b

1    Section 115. The Illinois Horse Racing Act of 1975 is
2amended by changing Section 30 as follows:
 
3    (230 ILCS 5/30)  (from Ch. 8, par. 37-30)
4    Sec. 30. (a) The General Assembly declares that it is the
5policy of this State to encourage the breeding of thoroughbred
6horses in this State and the ownership of such horses by
7residents of this State in order to provide for: sufficient
8numbers of high quality thoroughbred horses to participate in
9thoroughbred racing meetings in this State, and to establish
10and preserve the agricultural and commercial benefits of such
11breeding and racing industries to the State of Illinois. It is
12the intent of the General Assembly to further this policy by
13the provisions of this Act.
14    (b) Each organization licensee conducting a thoroughbred
15racing meeting pursuant to this Act shall provide at least two
16races each day limited to Illinois conceived and foaled horses
17or Illinois foaled horses or both. A minimum of 6 races shall
18be conducted each week limited to Illinois conceived and foaled
19or Illinois foaled horses or both. No horses shall be permitted
20to start in such races unless duly registered under the rules
21of the Department of Agriculture.
22    (c) Conditions of races under subsection (b) shall be
23commensurate with past performance, quality, and class of
24Illinois conceived and foaled and Illinois foaled horses

 

 

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1available. If, however, sufficient competition cannot be had
2among horses of that class on any day, the races may, with
3consent of the Board, be eliminated for that day and substitute
4races provided.
5    (d) There is hereby created a special fund of the State
6Treasury to be known as the Illinois Thoroughbred Breeders
7Fund.
8    Except as provided in subsection (g) of Section 27 of this
9Act, 8.5% of all the monies received by the State as privilege
10taxes on Thoroughbred racing meetings shall be paid into the
11Illinois Thoroughbred Breeders Fund.
12    (e) The Illinois Thoroughbred Breeders Fund shall be
13administered by the Department of Agriculture with the advice
14and assistance of the Advisory Board created in subsection (f)
15of this Section.
16    (f) The Illinois Thoroughbred Breeders Fund Advisory Board
17shall consist of the Director of the Department of Agriculture,
18who shall serve as Chairman; a member of the Illinois Racing
19Board, designated by it; 2 representatives of the organization
20licensees conducting thoroughbred racing meetings, recommended
21by them; 2 representatives of the Illinois Thoroughbred
22Breeders and Owners Foundation, recommended by it; and 2
23representatives of the Horsemen's Benevolent Protective
24Association or any successor organization established in
25Illinois comprised of the largest number of owners and
26trainers, recommended by it, with one representative of the

 

 

SB3443- 33 -LRB098 15945 HLH 55564 b

1Horsemen's Benevolent and Protective Association to come from
2its Illinois Division, and one from its Chicago Division.
3Advisory Board members shall serve for 2 years commencing
4January 1 of each odd numbered year. If representatives of the
5organization licensees conducting thoroughbred racing
6meetings, the Illinois Thoroughbred Breeders and Owners
7Foundation, and the Horsemen's Benevolent Protection
8Association have not been recommended by January 1, of each odd
9numbered year, the Director of the Department of Agriculture
10shall make an appointment for the organization failing to so
11recommend a member of the Advisory Board. Advisory Board
12members shall receive no compensation for their services as
13members but shall be reimbursed for all actual and necessary
14expenses and disbursements incurred in the execution of their
15official duties.
16    (g) No monies shall be expended from the Illinois
17Thoroughbred Breeders Fund except as appropriated by the
18General Assembly. Monies appropriated from the Illinois
19Thoroughbred Breeders Fund shall be expended by the Department
20of Agriculture, with the advice and assistance of the Illinois
21Thoroughbred Breeders Fund Advisory Board, for the following
22purposes only:
23        (1) To provide purse supplements to owners of horses
24    participating in races limited to Illinois conceived and
25    foaled and Illinois foaled horses. Any such purse
26    supplements shall not be included in and shall be paid in

 

 

SB3443- 34 -LRB098 15945 HLH 55564 b

1    addition to any purses, stakes, or breeders' awards offered
2    by each organization licensee as determined by agreement
3    between such organization licensee and an organization
4    representing the horsemen. No monies from the Illinois
5    Thoroughbred Breeders Fund shall be used to provide purse
6    supplements for claiming races in which the minimum
7    claiming price is less than $7,500.
8        (2) To provide stakes and awards to be paid to the
9    owners of the winning horses in certain races limited to
10    Illinois conceived and foaled and Illinois foaled horses
11    designated as stakes races.
12        (2.5) To provide an award to the owner or owners of an
13    Illinois conceived and foaled or Illinois foaled horse that
14    wins a maiden special weight, an allowance, overnight
15    handicap race, or claiming race with claiming price of
16    $10,000 or more providing the race is not restricted to
17    Illinois conceived and foaled or Illinois foaled horses.
18    Awards shall also be provided to the owner or owners of
19    Illinois conceived and foaled and Illinois foaled horses
20    that place second or third in those races. To the extent
21    that additional moneys are required to pay the minimum
22    additional awards of 40% of the purse the horse earns for
23    placing first, second or third in those races for Illinois
24    foaled horses and of 60% of the purse the horse earns for
25    placing first, second or third in those races for Illinois
26    conceived and foaled horses, those moneys shall be provided

 

 

SB3443- 35 -LRB098 15945 HLH 55564 b

1    from the purse account at the track where earned.
2        (3) To provide stallion awards to the owner or owners
3    of any stallion that is duly registered with the Illinois
4    Thoroughbred Breeders Fund Program prior to the effective
5    date of this amendatory Act of 1995 whose duly registered
6    Illinois conceived and foaled offspring wins a race
7    conducted at an Illinois thoroughbred racing meeting other
8    than a claiming race. Such award shall not be paid to the
9    owner or owners of an Illinois stallion that served outside
10    this State at any time during the calendar year in which
11    such race was conducted.
12        (4) To provide $75,000 annually for purses to be
13    distributed to county fairs that provide for the running of
14    races during each county fair exclusively for the
15    thoroughbreds conceived and foaled in Illinois. The
16    conditions of the races shall be developed by the county
17    fair association and reviewed by the Department with the
18    advice and assistance of the Illinois Thoroughbred
19    Breeders Fund Advisory Board. There shall be no wagering of
20    any kind on the running of Illinois conceived and foaled
21    races at county fairs.
22        (4.1) To provide purse money for an Illinois stallion
23    stakes program.
24        (5) No less than 80% of all monies appropriated from
25    the Illinois Thoroughbred Breeders Fund shall be expended
26    for the purposes in (1), (2), (2.5), (3), (4), (4.1), and

 

 

SB3443- 36 -LRB098 15945 HLH 55564 b

1    (5) as shown above.
2        (6) To provide for educational programs regarding the
3    thoroughbred breeding industry.
4        (7) To provide for research programs concerning the
5    health, development and care of the thoroughbred horse.
6        (8) To provide for a scholarship and training program
7    for students of equine veterinary medicine.
8        (9) To provide for dissemination of public information
9    designed to promote the breeding of thoroughbred horses in
10    Illinois.
11        (10) To provide for all expenses incurred in the
12    administration of the Illinois Thoroughbred Breeders Fund.
13    (h) Whenever the Governor finds that the amount in the
14Illinois Thoroughbred Breeders Fund is more than the total of
15the outstanding appropriations from such fund, the Governor
16shall notify the State Comptroller and the State Treasurer of
17such fact. The Comptroller and the State Treasurer, upon
18receipt of such notification, shall transfer such excess amount
19from the Illinois Thoroughbred Breeders Fund to the General
20Revenue Fund.
21    (i) A sum equal to 12 1/2% of the first prize money of
22every purse won by an Illinois foaled or an Illinois conceived
23and foaled horse in races not limited to Illinois foaled horses
24or Illinois conceived and foaled horses, or both, shall be paid
25by the organization licensee conducting the horse race meeting.
26Such sum shall be paid from the organization licensee's share

 

 

SB3443- 37 -LRB098 15945 HLH 55564 b

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

 

 

SB3443- 38 -LRB098 15945 HLH 55564 b

1provisions of this Act. Such payments shall be delivered by the
2organization licensee within 30 days of the end of each race
3meeting.
4    (j) A sum equal to 12 1/2% of the first prize money won in
5each race limited to Illinois foaled horses or Illinois
6conceived and foaled horses, or both, shall be paid in the
7following manner by the organization licensee conducting the
8horse race meeting, from the organization licensee's share of
9the money wagered: 11 1/2% to the breeders of the horses in
10each such race which are the official first, second, third and
11fourth finishers and 1% to the organization representing
12thoroughbred breeders and owners whose representative serves
13on the Illinois Thoroughbred Breeders Fund Advisory Board for
14verifying the amounts of breeders' awards earned, assuring
15their proper distribution in accordance with this Act, and
16servicing and promoting the Illinois thoroughbred horse racing
17industry. The organization representing thoroughbred breeders
18and owners shall cause all expenditures of monies received
19under this subsection (j) to be audited at least annually by a
20registered public accountant. The organization shall file
21copies of each annual audit with the Racing Board, the Clerk of
22the House of Representatives and the Secretary of the Senate,
23and shall make copies of each annual audit available to the
24public upon request and upon payment of the reasonable cost of
25photocopying the requested number of copies.
26    The 11 1/2% paid to the breeders in accordance with this

 

 

SB3443- 39 -LRB098 15945 HLH 55564 b

1subsection shall be distributed as follows:
2        (1) 60% of such sum shall be paid to the breeder of the
3    horse which finishes in the official first position;
4        (2) 20% of such sum shall be paid to the breeder of the
5    horse which finishes in the official second position;
6        (3) 15% of such sum shall be paid to the breeder of the
7    horse which finishes in the official third position; and
8        (4) 5% of such sum shall be paid to the breeder of the
9    horse which finishes in the official fourth position.
10    Such payments shall not reduce any award to the owners of a
11horse or reduce the taxes payable under this Act. Upon
12completion of its racing meet, each organization licensee shall
13deliver to the organization representing thoroughbred breeders
14and owners whose representative serves on the Illinois
15Thoroughbred Breeders Fund Advisory Board a listing of all the
16Illinois foaled and the Illinois conceived and foaled horses
17which won breeders' awards and the amount of such breeders'
18awards in accordance with the provisions of this Act. Such
19payments shall be delivered by the organization licensee within
2030 days of the end of each race meeting.
21    (k) The term "breeder", as used herein, means the owner of
22the mare at the time the foal is dropped. An "Illinois foaled
23horse" is a foal dropped by a mare which enters this State on
24or before December 1, in the year in which the horse is bred,
25provided the mare remains continuously in this State until its
26foal is born. An "Illinois foaled horse" also means a foal born

 

 

SB3443- 40 -LRB098 15945 HLH 55564 b

1of a mare in the same year as the mare enters this State on or
2before March 1, and remains in this State at least 30 days
3after foaling, is bred back during the season of the foaling to
4an Illinois Registered Stallion (unless a veterinarian
5certifies that the mare should not be bred for health reasons),
6and is not bred to a stallion standing in any other state
7during the season of foaling. An "Illinois foaled horse" also
8means a foal born in Illinois of a mare purchased at public
9auction subsequent to the mare entering this State prior to
10February 1 of the foaling year providing the mare is owned
11solely by one or more Illinois residents or an Illinois entity
12that is entirely owned by one or more Illinois residents.
13    (l) The Department of Agriculture shall, by rule, with the
14advice and assistance of the Illinois Thoroughbred Breeders
15Fund Advisory Board:
16        (1) Qualify stallions for Illinois breeding; such
17    stallions to stand for service within the State of Illinois
18    at the time of a foal's conception. Such stallion must not
19    stand for service at any place outside the State of
20    Illinois during the calendar year in which the foal is
21    conceived. The Department of Agriculture may assess and
22    collect application fees for the registration of
23    Illinois-eligible stallions. All fees collected are to be
24    paid into the Illinois Thoroughbred Breeders Fund.
25        (2) Provide for the registration of Illinois conceived
26    and foaled horses and Illinois foaled horses. No such horse

 

 

SB3443- 41 -LRB098 15945 HLH 55564 b

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

 

 

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1wagering on such races, and the previous racing schedule.
2    (n) The Board and the organizational licensee shall notify
3the Department of the conditions and minimum purses for races
4limited to Illinois conceived and foaled and Illinois foaled
5horses conducted for each organizational licensee conducting a
6thoroughbred racing meeting. The Department of Agriculture
7with the advice and assistance of the Illinois Thoroughbred
8Breeders Fund Advisory Board may allocate monies for purse
9supplements for such races. In determining whether to allocate
10money and the amount, the Department of Agriculture shall
11consider factors, including but not limited to, the amount of
12money appropriated for the Illinois Thoroughbred Breeders Fund
13program, the number of races that may occur, and the
14organizational licensee's purse structure.
15    (o) (Blank). In order to improve the breeding quality of
16thoroughbred horses in the State, the General Assembly
17recognizes that existing provisions of this Section to
18encourage such quality breeding need to be revised and
19strengthened. As such, a Thoroughbred Breeder's Program Task
20Force is to be appointed by the Governor by September 1, 1999
21to make recommendations to the General Assembly by no later
22than March 1, 2000. This task force is to be composed of 2
23representatives from the Illinois Thoroughbred Breeders and
24Owners Foundation, 2 from the Illinois Thoroughbred Horsemen's
25Association, 3 from Illinois race tracks operating
26thoroughbred race meets for an average of at least 30 days in

 

 

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1the past 3 years, the Director of Agriculture, the Executive
2Director of the Racing Board, who shall serve as Chairman.
3(Source: P.A. 91-40, eff. 6-25-99.)
 
4    Section 120. The Liquor Control Act of 1934 is amended by
5changing Section 6-15 as follows:
 
6    (235 ILCS 5/6-15)  (from Ch. 43, par. 130)
7    Sec. 6-15. No alcoholic liquors shall be sold or delivered
8in any building belonging to or under the control of the State
9or any political subdivision thereof except as provided in this
10Act. The corporate authorities of any city, village,
11incorporated town, township, or county may provide by
12ordinance, however, that alcoholic liquor may be sold or
13delivered in any specifically designated building belonging to
14or under the control of the municipality, township, or county,
15or in any building located on land under the control of the
16municipality, township, or county; provided that such township
17or county complies with all applicable local ordinances in any
18incorporated area of the township or county. Alcoholic liquor
19may be delivered to and sold under the authority of a special
20use permit on any property owned by a conservation district
21organized under the Conservation District Act, provided that
22(i) the alcoholic liquor is sold only at an event authorized by
23the governing board of the conservation district, (ii) the
24issuance of the special use permit is authorized by the local

 

 

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1liquor control commissioner of the territory in which the
2property is located, and (iii) the special use permit
3authorizes the sale of alcoholic liquor for one day or less.
4Alcoholic liquors may be delivered to and sold at any airport
5belonging to or under the control of a municipality of more
6than 25,000 inhabitants, or in any building or on any golf
7course owned by a park district organized under the Park
8District Code, subject to the approval of the governing board
9of the district, or in any building or on any golf course owned
10by a forest preserve district organized under the Downstate
11Forest Preserve District Act, subject to the approval of the
12governing board of the district, or on the grounds within 500
13feet of any building owned by a forest preserve district
14organized under the Downstate Forest Preserve District Act
15during times when food is dispensed for consumption within 500
16feet of the building from which the food is dispensed, subject
17to the approval of the governing board of the district, or in a
18building owned by a Local Mass Transit District organized under
19the Local Mass Transit District Act, subject to the approval of
20the governing Board of the District, or in Bicentennial Park,
21or on the premises of the City of Mendota Lake Park located
22adjacent to Route 51 in Mendota, Illinois, or on the premises
23of Camden Park in Milan, Illinois, or in the community center
24owned by the City of Loves Park that is located at 1000 River
25Park Drive in Loves Park, Illinois, or, in connection with the
26operation of an established food serving facility during times

 

 

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1when food is dispensed for consumption on the premises, and at
2the following aquarium and museums located in public parks: Art
3Institute of Chicago, Chicago Academy of Sciences, Chicago
4Historical Society, Field Museum of Natural History, Museum of
5Science and Industry, DuSable Museum of African American
6History, John G. Shedd Aquarium and Adler Planetarium, or at
7Lakeview Museum of Arts and Sciences in Peoria, or in
8connection with the operation of the facilities of the Chicago
9Zoological Society or the Chicago Horticultural Society on land
10owned by the Forest Preserve District of Cook County, or on any
11land used for a golf course or for recreational purposes owned
12by the Forest Preserve District of Cook County, subject to the
13control of the Forest Preserve District Board of Commissioners
14and applicable local law, provided that dram shop liability
15insurance is provided at maximum coverage limits so as to hold
16the District harmless from all financial loss, damage, and
17harm, or in any building located on land owned by the Chicago
18Park District if approved by the Park District Commissioners,
19or on any land used for a golf course or for recreational
20purposes and owned by the Illinois International Port District
21if approved by the District's governing board, or at any
22airport, golf course, faculty center, or facility in which
23conference and convention type activities take place belonging
24to or under control of any State university or public community
25college district, provided that with respect to a facility for
26conference and convention type activities alcoholic liquors

 

 

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1shall be limited to the use of the convention or conference
2participants or participants in cultural, political or
3educational activities held in such facilities, and provided
4further that the faculty or staff of the State university or a
5public community college district, or members of an
6organization of students, alumni, faculty or staff of the State
7university or a public community college district are active
8participants in the conference or convention, or in Memorial
9Stadium on the campus of the University of Illinois at
10Urbana-Champaign during games in which the Chicago Bears
11professional football team is playing in that stadium during
12the renovation of Soldier Field, not more than one and a half
13hours before the start of the game and not after the end of the
14third quarter of the game, or in the Pavilion Facility on the
15campus of the University of Illinois at Chicago during games in
16which the Chicago Storm professional soccer team is playing in
17that facility, not more than one and a half hours before the
18start of the game and not after the end of the third quarter of
19the game, or in the Pavilion Facility on the campus of the
20University of Illinois at Chicago during games in which the
21WNBA professional women's basketball team is playing in that
22facility, not more than one and a half hours before the start
23of the game and not after the 10-minute mark of the second half
24of the game, or by a catering establishment which has rented
25facilities from a board of trustees of a public community
26college district, or in a restaurant that is operated by a

 

 

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1commercial tenant in the North Campus Parking Deck building
2that (1) is located at 1201 West University Avenue, Urbana,
3Illinois and (2) is owned by the Board of Trustees of the
4University of Illinois, or, if approved by the District board,
5on land owned by the Metropolitan Sanitary District of Greater
6Chicago and leased to others for a term of at least 20 years.
7Nothing in this Section precludes the sale or delivery of
8alcoholic liquor in the form of original packaged goods in
9premises located at 500 S. Racine in Chicago belonging to the
10University of Illinois and used primarily as a grocery store by
11a commercial tenant during the term of a lease that predates
12the University's acquisition of the premises; but the
13University shall have no power or authority to renew, transfer,
14or extend the lease with terms allowing the sale of alcoholic
15liquor; and the sale of alcoholic liquor shall be subject to
16all local laws and regulations. After the acquisition by
17Winnebago County of the property located at 404 Elm Street in
18Rockford, a commercial tenant who sold alcoholic liquor at
19retail on a portion of the property under a valid license at
20the time of the acquisition may continue to do so for so long
21as the tenant and the County may agree under existing or future
22leases, subject to all local laws and regulations regarding the
23sale of alcoholic liquor. Alcoholic liquors may be delivered to
24and sold at Memorial Hall, located at 211 North Main Street,
25Rockford, under conditions approved by Winnebago County and
26subject to all local laws and regulations regarding the sale of

 

 

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1alcoholic liquor. Each facility shall provide dram shop
2liability in maximum insurance coverage limits so as to save
3harmless the State, municipality, State university, airport,
4golf course, faculty center, facility in which conference and
5convention type activities take place, park district, Forest
6Preserve District, public community college district,
7aquarium, museum, or sanitary district from all financial loss,
8damage or harm. Alcoholic liquors may be sold at retail in
9buildings of golf courses owned by municipalities or Illinois
10State University in connection with the operation of an
11established food serving facility during times when food is
12dispensed for consumption upon the premises. Alcoholic liquors
13may be delivered to and sold at retail in any building owned by
14a fire protection district organized under the Fire Protection
15District Act, provided that such delivery and sale is approved
16by the board of trustees of the district, and provided further
17that such delivery and sale is limited to fundraising events
18and to a maximum of 6 events per year. However, the limitation
19to fundraising events and to a maximum of 6 events per year
20does not apply to the delivery, sale, or manufacture of
21alcoholic liquors at the building located at 59 Main Street in
22Oswego, Illinois, owned by the Oswego Fire Protection District
23if the alcoholic liquor is sold or dispensed as approved by the
24Oswego Fire Protection District and the property is no longer
25being utilized for fire protection purposes.
26    Alcoholic liquors may be served or sold in buildings under

 

 

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1the control of the Board of Trustees of the University of
2Illinois for events that the Board may determine are public
3events and not related student activities. The Board of
4Trustees shall issue a written policy within 6 months of the
5effective date of this amendatory Act of the 95th General
6Assembly concerning the types of events that would be eligible
7for an exemption. Thereafter, the Board of Trustees may issue
8revised, updated, new, or amended policies as it deems
9necessary and appropriate. In preparing its written policy, the
10Board of Trustees shall, among other factors it considers
11relevant and important, give consideration to the following:
12(i) whether the event is a student activity or student related
13activity; (ii) whether the physical setting of the event is
14conducive to control of liquor sales and distribution; (iii)
15the ability of the event operator to ensure that the sale or
16serving of alcoholic liquors and the demeanor of the
17participants are in accordance with State law and University
18policies; (iv) regarding the anticipated attendees at the
19event, the relative proportion of individuals under the age of
2021 to individuals age 21 or older; (v) the ability of the venue
21operator to prevent the sale or distribution of alcoholic
22liquors to individuals under the age of 21; (vi) whether the
23event prohibits participants from removing alcoholic beverages
24from the venue; and (vii) whether the event prohibits
25participants from providing their own alcoholic liquors to the
26venue. In addition, any policy submitted by the Board of

 

 

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

 

 

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

 

 

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

 

 

SB3443- 53 -LRB098 15945 HLH 55564 b

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

 

 

SB3443- 54 -LRB098 15945 HLH 55564 b

1    building is filed with the Commission;
2        (ii) the alcoholic liquor is sold or dispensed only in
3    connection with organized functions held on special
4    occasions;
5        (iii) the organized function is one for which the
6    planned attendance is 25 or more persons; and
7        (iv) the facility selling or dispensing the alcoholic
8    liquors has provided dram shop liability insurance in
9    maximum limits so as to save harmless the facility and the
10    State from all financial loss, damage or harm.
11    Alcoholic liquors may be delivered to and sold at retail in
12the Chicago Civic Center, provided that:
13        (i) the written consent of the Public Building
14    Commission which administers the Chicago Civic Center is
15    filed with the Commission;
16        (ii) the alcoholic liquor is sold or dispensed only in
17    connection with organized functions held on special
18    occasions;
19        (iii) the organized function is one for which the
20    planned attendance is 25 or more persons;
21        (iv) the facility selling or dispensing the alcoholic
22    liquors has provided dram shop liability insurance in
23    maximum limits so as to hold harmless the Civic Center, the
24    City of Chicago and the State from all financial loss,
25    damage or harm; and
26        (v) all applicable local ordinances are complied with.

 

 

SB3443- 55 -LRB098 15945 HLH 55564 b

1    Alcoholic liquors may be delivered or sold in any building
2belonging to or under the control of any city, village or
3incorporated town where more than 75% of the physical
4properties of the building is used for commercial or
5recreational purposes, and the building is located upon a pier
6extending into or over the waters of a navigable lake or stream
7or on the shore of a navigable lake or stream. In accordance
8with a license issued under this Act, alcoholic liquor may be
9sold, served, or delivered in buildings and facilities under
10the control of the Department of Natural Resources during
11events or activities lasting no more than 7 continuous days
12upon the written approval of the Director of Natural Resources
13acting as the controlling government authority. The Director of
14Natural Resources may specify conditions on that approval,
15including but not limited to requirements for insurance and
16hours of operation. Notwithstanding any other provision of this
17Act, alcoholic liquor sold by a United States Army Corps of
18Engineers or Department of Natural Resources concessionaire
19who was operating on June 1, 1991 for on-premises consumption
20only is not subject to the provisions of Articles IV and IX.
21Beer and wine may be sold on the premises of the Joliet Park
22District Stadium owned by the Joliet Park District when written
23consent to the issuance of a license to sell beer and wine in
24such premises is filed with the local liquor commissioner by
25the Joliet Park District. Beer and wine may be sold in
26buildings on the grounds of State veterans' homes when written

 

 

SB3443- 56 -LRB098 15945 HLH 55564 b

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

 

 

SB3443- 57 -LRB098 15945 HLH 55564 b

1    complete luncheon and dinner or supper meals,
2        b. (blank), and consent to the issuance of a license to
3    sell alcoholic liquors in the buildings has been filed with
4    the commission by the Department of Natural Resources, and
5        c. the alcoholic liquors are sold by the State park
6    lodge or restaurant concessionaire only during the hours
7    from 11 o'clock a.m. until 12 o'clock midnight.
8    Notwithstanding any other provision of this Act, alcoholic
9    liquor sold by the State park or restaurant concessionaire
10    is not subject to the provisions of Articles IV and IX.
11    Alcoholic liquors may be sold at retail in buildings on
12properties under the control of the Historic Sites and
13Preservation Division of the Historic Preservation Agency or
14the Abraham Lincoln Presidential Library and Museum provided:
15        a. the property has overnight lodging facilities with
16    some restaurant facilities or, not having overnight
17    lodging facilities, has restaurant facilities which serve
18    complete luncheon and dinner or supper meals,
19        b. consent to the issuance of a license to sell
20    alcoholic liquors in the buildings has been filed with the
21    commission by the Historic Sites and Preservation Division
22    of the Historic Preservation Agency or the Abraham Lincoln
23    Presidential Library and Museum, and
24        c. the alcoholic liquors are sold by the lodge or
25    restaurant concessionaire only during the hours from 11
26    o'clock a.m. until 12 o'clock midnight.

 

 

SB3443- 58 -LRB098 15945 HLH 55564 b

1    The sale of alcoholic liquors pursuant to this Section does
2not authorize the establishment and operation of facilities
3commonly called taverns, saloons, bars, cocktail lounges, and
4the like except as a part of lodge and restaurant facilities in
5State parks or golf courses owned by Forest Preserve Districts
6with a population of less than 3,000,000 or municipalities or
7park districts.
8    Alcoholic liquors may be sold at retail in the Springfield
9Administration Building of the Department of Transportation
10and the Illinois State Armory in Springfield; provided, that
11the controlling government authority may consent to such sales
12only if
13        a. the request is from a not-for-profit organization;
14        b. such sales would not impede normal operations of the
15    departments involved;
16        c. the not-for-profit organization provides dram shop
17    liability in maximum insurance coverage limits and agrees
18    to defend, save harmless and indemnify the State of
19    Illinois from all financial loss, damage or harm;
20        d. no such sale shall be made during normal working
21    hours of the State of Illinois; and
22        e. the consent is in writing.
23    Alcoholic liquors may be sold at retail in buildings in
24recreational areas of river conservancy districts under the
25control of, or leased from, the river conservancy districts.
26Such sales are subject to reasonable local regulations as

 

 

SB3443- 59 -LRB098 15945 HLH 55564 b

1provided in Article IV; however, no such regulations may
2prohibit or substantially impair the sale of alcoholic liquors
3on Sundays or Holidays.
4    Alcoholic liquors may be provided in long term care
5facilities owned or operated by a county under Division 5-21 or
65-22 of the Counties Code, when approved by the facility
7operator and not in conflict with the regulations of the
8Illinois Department of Public Health, to residents of the
9facility who have had their consumption of the alcoholic
10liquors provided approved in writing by a physician licensed to
11practice medicine in all its branches.
12    Alcoholic liquors may be delivered to and dispensed in
13State housing assigned to employees of the Department of
14Corrections. No person shall furnish or allow to be furnished
15any alcoholic liquors to any prisoner confined in any jail,
16reformatory, prison or house of correction except upon a
17physician's prescription for medicinal purposes.
18    Alcoholic liquors may be sold at retail or dispensed at the
19Willard Ice Building in Springfield, at the State Library in
20Springfield, and at Illinois State Museum facilities by (1) an
21agency of the State, whether legislative, judicial or
22executive, provided that such agency first obtains written
23permission to sell or dispense alcoholic liquors from the
24controlling government authority, or by (2) a not-for-profit
25organization, provided that such organization:
26        a. Obtains written consent from the controlling

 

 

SB3443- 60 -LRB098 15945 HLH 55564 b

1    government authority;
2        b. Sells or dispenses the alcoholic liquors in a manner
3    that does not impair normal operations of State offices
4    located in the building;
5        c. Sells or dispenses alcoholic liquors only in
6    connection with an official activity in the building;
7        d. Provides, or its catering service provides, dram
8    shop liability insurance in maximum coverage limits and in
9    which the carrier agrees to defend, save harmless and
10    indemnify the State of Illinois from all financial loss,
11    damage or harm arising out of the selling or dispensing of
12    alcoholic liquors.
13    Nothing in this Act shall prevent a not-for-profit
14organization or agency of the State from employing the services
15of a catering establishment for the selling or dispensing of
16alcoholic liquors at authorized functions.
17    The controlling government authority for the Willard Ice
18Building in Springfield shall be the Director of the Department
19of Revenue. The controlling government authority for Illinois
20State Museum facilities shall be the Director of the Illinois
21State Museum. The controlling government authority for the
22State Library in Springfield shall be the Secretary of State.
23    Alcoholic liquors may be delivered to and sold at retail or
24dispensed at any facility, property or building under the
25jurisdiction of the Historic Sites and Preservation Division of
26the Historic Preservation Agency or the Abraham Lincoln

 

 

SB3443- 61 -LRB098 15945 HLH 55564 b

1Presidential Library and Museum where the delivery, sale or
2dispensing is by (1) an agency of the State, whether
3legislative, judicial or executive, provided that such agency
4first obtains written permission to sell or dispense alcoholic
5liquors from a controlling government authority, or by (2) an
6individual or organization provided that such individual or
7organization:
8        a. Obtains written consent from the controlling
9    government authority;
10        b. Sells or dispenses the alcoholic liquors in a manner
11    that does not impair normal workings of State offices or
12    operations located at the facility, property or building;
13        c. Sells or dispenses alcoholic liquors only in
14    connection with an official activity of the individual or
15    organization in the facility, property or building;
16        d. Provides, or its catering service provides, dram
17    shop liability insurance in maximum coverage limits and in
18    which the carrier agrees to defend, save harmless and
19    indemnify the State of Illinois from all financial loss,
20    damage or harm arising out of the selling or dispensing of
21    alcoholic liquors.
22    The controlling government authority for the Historic
23Sites and Preservation Division of the Historic Preservation
24Agency shall be the Director of the Historic Sites and
25Preservation, and the controlling government authority for the
26Abraham Lincoln Presidential Library and Museum shall be the

 

 

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1Director of the Abraham Lincoln Presidential Library and
2Museum.
3    Alcoholic liquors may be delivered to and sold at retail or
4dispensed for consumption at the Michael Bilandic Building at
5160 North LaSalle Street, Chicago IL 60601, after the normal
6business hours of any day care or child care facility located
7in the building, by (1) a commercial tenant or subtenant
8conducting business on the premises under a lease made pursuant
9to Section 405-315 of the Department of Central Management
10Services Law (20 ILCS 405/405-315), provided that such tenant
11or subtenant who accepts delivery of, sells, or dispenses
12alcoholic liquors shall procure and maintain dram shop
13liability insurance in maximum coverage limits and in which the
14carrier agrees to defend, indemnify, and save harmless the
15State of Illinois from all financial loss, damage, or harm
16arising out of the delivery, sale, or dispensing of alcoholic
17liquors, or by (2) an agency of the State, whether legislative,
18judicial, or executive, provided that such agency first obtains
19written permission to accept delivery of and sell or dispense
20alcoholic liquors from the Director of Central Management
21Services, or by (3) a not-for-profit organization, provided
22that such organization:
23        a. obtains written consent from the Department of
24    Central Management Services;
25        b. accepts delivery of and sells or dispenses the
26    alcoholic liquors in a manner that does not impair normal

 

 

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1    operations of State offices located in the building;
2        c. accepts delivery of and sells or dispenses alcoholic
3    liquors only in connection with an official activity in the
4    building; and
5        d. provides, or its catering service provides, dram
6    shop liability insurance in maximum coverage limits and in
7    which the carrier agrees to defend, save harmless, and
8    indemnify the State of Illinois from all financial loss,
9    damage, or harm arising out of the selling or dispensing of
10    alcoholic liquors.
11    Nothing in this Act shall prevent a not-for-profit
12organization or agency of the State from employing the services
13of a catering establishment for the selling or dispensing of
14alcoholic liquors at functions authorized by the Director of
15Central Management Services.
16    Alcoholic liquors may be sold at retail or dispensed at the
17James R. Thompson Center in Chicago, subject to the provisions
18of Section 7.4 of the State Property Control Act, and 222 South
19College Street in Springfield, Illinois by (1) a commercial
20tenant or subtenant conducting business on the premises under a
21lease or sublease made pursuant to Section 405-315 of the
22Department of Central Management Services Law (20 ILCS
23405/405-315), provided that such tenant or subtenant who sells
24or dispenses alcoholic liquors shall procure and maintain dram
25shop liability insurance in maximum coverage limits and in
26which the carrier agrees to defend, indemnify and save harmless

 

 

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

 

 

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

 

 

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1of a catering establishment for the selling or dispensing of
2alcoholic liquors at functions authorized by the Department of
3Central Management Services.
4    Alcoholic liquors may be sold or delivered in a building
5that is owned by McLean County, situated on land owned by the
6county in the City of Bloomington, and used by the McLean
7County Historical Society if the sale or delivery is approved
8by an ordinance adopted by the county board, and the
9municipality in which the building is located may not prohibit
10that sale or delivery, notwithstanding any other provision of
11this Section. The regulation of the sale and delivery of
12alcoholic liquor in a building that is owned by McLean County,
13situated on land owned by the county, and used by the McLean
14County Historical Society as provided in this paragraph is an
15exclusive power and function of the State and is a denial and
16limitation under Article VII, Section 6, subsection (h) of the
17Illinois Constitution of the power of a home rule municipality
18to regulate that sale and delivery.
19    Alcoholic liquors may be sold or delivered in any building
20situated on land held in trust for any school district
21organized under Article 34 of the School Code, if the building
22is not used for school purposes and if the sale or delivery is
23approved by the board of education.
24    Alcoholic liquors may be sold or delivered in buildings
25owned by the Community Building Complex Committee of Boone
26County, Illinois if the person or facility selling or

 

 

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1dispensing the alcoholic liquor has provided dram shop
2liability insurance with coverage and in amounts that the
3Committee reasonably determines are necessary.
4    Alcoholic liquors may be sold or delivered in the building
5located at 1200 Centerville Avenue in Belleville, Illinois and
6occupied by either the Belleville Area Special Education
7District or the Belleville Area Special Services Cooperative.
8    Alcoholic liquors may be delivered to and sold at the Louis
9Joliet Renaissance Center, City Center Campus, located at 214
10N. Ottawa Street, Joliet, and the Food Services/Culinary Arts
11Department facilities, Main Campus, located at 1215 Houbolt
12Road, Joliet, owned by or under the control of Joliet Junior
13College, Illinois Community College District No. 525.
14    Alcoholic liquors may be delivered to and sold at Triton
15College, Illinois Community College District No. 504.
16    Alcoholic liquors may be delivered to and sold at the
17College of DuPage, Illinois Community College District No. 502.
18    Alcoholic liquors may be delivered to and sold at the
19building located at 446 East Hickory Avenue in Apple River,
20Illinois, owned by the Apple River Fire Protection District,
21and occupied by the Apple River Community Association if the
22alcoholic liquor is sold or dispensed only in connection with
23organized functions approved by the Apple River Community
24Association for which the planned attendance is 20 or more
25persons and if the person or facility selling or dispensing the
26alcoholic liquor has provided dram shop liability insurance in

 

 

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1maximum limits so as to hold harmless the Apple River Fire
2Protection District, the Village of Apple River, and the Apple
3River Community Association from all financial loss, damage,
4and harm.
5    Alcoholic liquors may be delivered to and sold at the Sikia
6Restaurant, Kennedy King College Campus, located at 740 West
763rd Street, Chicago, and at the Food Services in the Great
8Hall/Washburne Culinary Institute Department facility, Kennedy
9King College Campus, located at 740 West 63rd Street, Chicago,
10owned by or under the control of City Colleges of Chicago,
11Illinois Community College District No. 508.
12(Source: P.A. 97-33, eff. 6-28-11; 97-45, eff. 6-28-11; 97-51,
13eff. 6-28-11; 97-167, eff. 7-22-11; 97-250, eff. 8-4-11;
1497-395, eff. 8-16-11; 97-813, eff. 7-13-12; 97-1166, eff.
153-1-13; 98-132, eff. 8-2-13; 98-201, eff. 8-9-13; revised
169-24-13.)
 
17    (320 ILCS 65/20 rep.)
18    Section 125. The Family Caregiver Act is amended by
19repealing Section 20.
 
20    (410 ILCS 3/10 rep.)
21    Section 130. The Atherosclerosis Prevention Act is amended
22by repealing Section 10.
 
23    (410 ILCS 425/Act rep.)

 

 

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1    Section 135. The High Blood Pressure Control Act is
2repealed.
 
3    Section 140. The Environmental Protection Act is amended by
4changing Section 22.8 as follows:
 
5    (415 ILCS 5/22.8)  (from Ch. 111 1/2, par. 1022.8)
6    Sec. 22.8. Environmental Protection Permit and Inspection
7Fund.
8    (a) There is hereby created in the State Treasury a special
9fund to be known as the Environmental Protection Permit and
10Inspection Fund. All fees collected by the Agency pursuant to
11this Section, Section 9.6, 12.2, 16.1, 22.2 (j)(6)(E)(v)(IV),
1256.4, 56.5, 56.6, and subsection (f) of Section 5 of this Act,
13or pursuant to Section 22 of the Public Water Supply Operations
14Act or Section 1011 of the Solid Waste Site Operator
15Certification Law, as well as and funds collected under
16subsection (b.5) of Section 42 of this Act, shall be deposited
17into the Fund. In addition to any monies appropriated from the
18General Revenue Fund, monies in the Fund shall be appropriated
19by the General Assembly to the Agency in amounts deemed
20necessary for manifest, permit, and inspection activities and
21for performing its functions, powers, and duties under the
22Solid Waste Site Operator Certification Law processing
23requests under Section 22.2 (j)(6)(E)(v)(IV).
24    The General Assembly may appropriate monies in the Fund

 

 

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

 

 

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1    hazardous waste disposal site is located off the site where
2    such waste was produced;
3        (2) $9,000 ($18,000 beginning in 2004) for a hazardous
4    waste disposal site receiving hazardous waste if the
5    hazardous waste disposal site is located on the site where
6    such waste was produced;
7        (3) $7,000 ($14,000 beginning in 2004) for a hazardous
8    waste disposal site receiving hazardous waste if the
9    hazardous waste disposal site is an underground injection
10    well;
11        (4) $2,000 ($4,000 beginning in 2004) for a hazardous
12    waste management facility treating hazardous waste by
13    incineration;
14        (5) $1,000 ($2,000 beginning in 2004) for a hazardous
15    waste management facility treating hazardous waste by a
16    method, technique or process other than incineration;
17        (6) $1,000 ($2,000 beginning in 2004) for a hazardous
18    waste management facility storing hazardous waste in a
19    surface impoundment or pile;
20        (7) $250 ($500 beginning in 2004) for a hazardous waste
21    management facility storing hazardous waste other than in a
22    surface impoundment or pile; and
23        (8) Beginning in 2004, $500 for a large quantity
24    hazardous waste generator required to submit an annual or
25    biennial report for hazardous waste generation.
26    (c) Where two or more operational units are located within

 

 

SB3443- 72 -LRB098 15945 HLH 55564 b

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

 

 

SB3443- 73 -LRB098 15945 HLH 55564 b

1    characteristics of hazardous waste pursuant to Board
2    regulations are reasonably expected to remain after
3    closure;
4        (3) a land treatment facility receiving hazardous
5    waste; or
6        (4) a well injecting hazardous waste.
7    (g) The Agency shall assess a fee for each manifest
8provided by the Agency. For manifests provided on or after
9January 1, 1989 but before July 1, 2003, the fee shall be $1
10per manifest. For manifests provided on or after July 1, 2003,
11the fee shall be $3 per manifest.
12(Source: P.A. 98-78, eff. 7-15-13.)
 
13    Section 145. The Illinois Pesticide Act is amended by
14changing Sections 19.3 and 22.2 as follows:
 
15    (415 ILCS 60/19.3)
16    Sec. 19.3. Agrichemical Facility Response Action Program.
17    (a) It is the policy of the State of Illinois that an
18Agrichemical Facility Response Action Program be implemented
19to reduce potential agrichemical pollution and minimize
20environmental degradation risk potential at these sites. In
21this Section, "agrichemical facility" means a site where
22agrichemicals are stored or handled, or both, in preparation
23for end use. "Agrichemical facility" does not include basic
24manufacturing or central distribution sites utilized only for

 

 

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1wholesale purposes. As used in this Section, "agrichemical"
2means pesticides or commercial fertilizers at an agrichemical
3facility.
4    The program shall provide guidance for assessing the threat
5of soil agrichemical contaminants to groundwater and
6recommending which sites need to establish a voluntary
7corrective action program.
8    The program shall establish appropriate site-specific soil
9cleanup objectives, which shall be based on the potential for
10the agrichemical contaminants to move from the soil to
11groundwater and the potential of the specific soil agrichemical
12contaminants to cause an exceedence of a Class I or Class III
13groundwater quality standard or a health advisory level. The
14Department shall use the information found and procedures
15developed in the Agrichemical Facility Site Contamination
16Study or other appropriate physical evidence to establish the
17soil agrichemical contaminant levels of concern to groundwater
18in the various hydrological settings to establish
19site-specific cleanup objectives.
20    No remediation of a site may be recommended unless (i) the
21agrichemical contamination level in the soil exceeds the
22site-specific cleanup objectives or (ii) the agrichemical
23contaminant level in the soil exceeds levels where physical
24evidence and risk evaluation indicates probability of the site
25causing an exceedence of a groundwater quality standard.
26    When a remediation plan must be carried out over a number

 

 

SB3443- 75 -LRB098 15945 HLH 55564 b

1of years due to limited financial resources of the owner or
2operator of the agrichemical facility, those soil agrichemical
3contaminated areas that have the greatest potential to
4adversely impact vulnerable Class I groundwater aquifers and
5adjacent potable water wells shall receive the highest priority
6rating and be remediated first.
7    (b) (Blank). The Agrichemical Facility Response Action
8Program Board ("the Board") is created. The Board members shall
9consist of the following:
10        (1) The Director or the Director's designee.
11        (2) One member who represents pesticide manufacturers.
12        (3) Two members who represent retail agrichemical
13    dealers.
14        (4) One member who represents agrichemical
15    distributors.
16        (5) One member who represents active farmers.
17        (6) One member at large.
18    The public members of the Board shall be appointed by the
19Governor for terms of 2 years. Those persons on the Board who
20represent pesticide manufacturers, agrichemical dealers,
21agrichemical distributors, and farmers shall be selected from
22recommendations made by the associations whose membership
23reflects those specific areas of interest. The members of the
24Board shall be appointed within 90 days after the effective
25date of this amendatory Act of 1995. Vacancies on the Board
26shall be filled within 30 days. The Board may fill any

 

 

SB3443- 76 -LRB098 15945 HLH 55564 b

1membership position vacant for a period exceeding 30 days.
2    The members of the Board shall be paid no compensation, but
3shall be reimbursed for their expenses incurred in performing
4their duties. If a civil proceeding is commenced against a
5Board member arising out of an act or omission occurring within
6the scope of the Board member's performance of his or her
7duties under this Section, the State, as provided by rule,
8shall indemnify the Board member for any damages awarded and
9court costs and attorney's fees assessed as part of a final and
10unreversed judgement, or shall pay the judgment, unless the
11court or jury finds that the conduct or inaction that gave rise
12to the claim or cause of action was intentional, wilful or
13wanton misconduct and was not intended to serve or benefit
14interests of the State.
15    The chairperson of the Board shall be selected by the Board
16from among the public members.
17    (c) (Blank). The Board has the authority to do the
18following:
19        (1) Cooperate with the Department and review and
20    approve an agrichemical facility remediation program as
21    outlined in the handbook or manual as set forth in
22    subdivision (d)(8) of this Section.
23        (2) Review and give final approval to each agrichemical
24    facility corrective action plan.
25        (3) Approve any changes to an agrichemical facility's
26    corrective action plan that may be necessary.

 

 

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

 

 

SB3443- 78 -LRB098 15945 HLH 55564 b

1    contaminant when there is evidence that the evaluation of
2    risk indicates that groundwater could be adversely
3    impacted.
4        (3) Review and make recommendations on any corrective
5    action plan submitted by the owner or operator of an
6    agrichemical facility to the Board for final approval.
7        (4) On approval by the Director Board, issue an order
8    to the owner or operator of an agrichemical facility that
9    has filed a voluntary corrective action plan that the owner
10    or operator may proceed with that plan.
11        (5) Provide remedial project oversight and , monitor
12    remedial work progress, and report to the Board on the
13    status of remediation projects.
14        (6) Provide staff to support program the activities of
15    the Board.
16        (7) (Blank). Take appropriate action on the Board's
17    recommendations regarding policy needed to carry out the
18    Board's responsibilities under this Section.
19        (8) Incorporate In cooperation with the Board,
20    incorporate the following into a handbook or manual: the
21    procedures for site assessment; pesticide constituents of
22    concern and associated parameters; guidance on remediation
23    techniques, land application, and corrective action plans;
24    and other information or instructions that the Department
25    may find necessary.
26        (9) Coordinate preventive response actions at

 

 

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

 

 

SB3443- 80 -LRB098 15945 HLH 55564 b

1    Protection Agency or the United States Environmental
2    Protection Agency; or
3        (2) An agrichemical has been detected at a level that
4    requires preventive notification pursuant to a standard
5    adopted pursuant to the Illinois Groundwater Protection
6    Act.
7    (f) When agrichemical contamination is characterized as in
8subsection subdivision (e)(1) of this Section, a facility may
9elect to participate in the Agrichemical Facility Response
10Action Program. In these instances, the scope of the corrective
11action plans developed, approved, and completed under this
12program shall be limited to the soil agrichemical contamination
13present at the site unless implementation of the plan is
14coordinated with the Illinois Environmental Protection Agency
15as follows:
16        (1) Upon receipt of notice of intent to include
17    groundwater in an action by a facility, the Department
18    shall also notify the Illinois Environmental Protection
19    Agency.
20        (2) Upon receipt of the corrective action plan, the
21    Department shall coordinate a joint review of the plan with
22    the Illinois Environmental Protection Agency.
23        (3) The Illinois Environmental Protection Agency may
24    provide a written endorsement of the corrective action
25    plan.
26        (4) The Illinois Environmental Protection Agency may

 

 

SB3443- 81 -LRB098 15945 HLH 55564 b

1    approve a groundwater management zone for a period of 5
2    years after the implementation of the corrective action
3    plan to allow for groundwater impairment mitigation
4    results.
5        (5) (Blank). The Department, in cooperation with the
6    Illinois Environmental Protection Agency, shall recommend
7    a proposed corrective action plan to the Board for final
8    approval to proceed with remediation. The recommendation
9    shall be based on the joint review conducted under
10    subdivision (f)(2) of this Section and the status of any
11    endorsement issued under subdivision (f)(3) of this
12    Section.
13        (6) The Department, in cooperation with the Illinois
14    Environmental Protection Agency, shall provide remedial
15    project oversight, monitor remedial work progress, and
16    report to the Board on the status of the remediation
17    project.
18        (7) The Department shall, upon completion of the
19    corrective action plan and recommendation of the Board,
20    issue a notice of closure stating that no further remedial
21    action is required to remedy the past agrichemical
22    contamination.
23    (g) When an owner or operator of an agrichemical facility
24initiates a soil contamination assessment on the owner's or
25operator's own volition and independent of any requirement
26under this Section 19.3, information contained in that

 

 

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1assessment may be held as confidential information by the owner
2or operator of the facility.
3    (h) Except as otherwise provided by Department rule, on and
4after the effective date of this amendatory Act of the 98th
5General Assembly, any Agrichemical Facility Response Action
6Program requirement that may be satisfied by an industrial
7hygienist licensed pursuant to the Industrial Hygienists
8Licensure Act repealed in this amendatory Act may be satisfied
9by a Certified Industrial Hygienist certified by the American
10Board of Industrial Hygiene.
11(Source: P.A. 98-78, eff. 7-15-13.)
 
12    (415 ILCS 60/22.2)  (from Ch. 5, par. 822.2)
13    Sec. 22.2. (a) There is hereby created a trust fund in the
14State Treasury to be known as the Agrichemical Incident
15Response Trust Fund. Any funds received by the Director of
16Agriculture from the mandates of Section 13.1 shall be
17deposited with the Treasurer as ex-officio custodian and held
18separate and apart from any public money of this State, with
19accruing interest on the trust funds deposited into the trust
20fund. Disbursement from the fund for purposes as set forth in
21this Section shall be by voucher ordered by the Director and
22paid by a warrant drawn by the State Comptroller and
23countersigned by the State Treasurer. The Director shall order
24disbursements from the Agrichemical Incident Response Trust
25Fund only for payment of the expenses authorized by this Act.

 

 

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1Monies in this trust fund shall not be subject to appropriation
2by the General Assembly but shall be subject to audit by the
3Auditor General. Should the program be terminated, all
4unobligated funds in the trust fund shall be transferred to a
5trust fund to be used for purposes as originally intended or be
6transferred to the Pesticide Control Fund. Interest earned on
7the Fund shall be deposited in the Fund. Monies in the Fund may
8be used by the Department of Agriculture for the following
9purposes:
10        (1) for payment of costs of response action incurred by
11    owners or operators of agrichemical facilities as provided
12    in Section 22.3 of this Act;
13        (2) for the Department to take emergency action in
14    response to a release of agricultural pesticides from an
15    agrichemical facility that has created an imminent threat
16    to public health or the environment;
17        (3) for the costs of administering its activities
18    relative to the Fund as delineated in subsections (b) and
19    (c) of this Section; and
20        (4) for the Department to:
21            (A) (blank); and reimburse members of the
22        Agrichemical Facility Response Action Program Board
23        for their expenses incurred in performing their duties
24        as defined under Section 19.3 of this Act; and
25            (B) administer provide staff to support the
26        activities of the Agrichemical Facility Response

 

 

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1        Action Program Board.
2        The total annual expenditures from the Fund for these
3    purposes under this paragraph (4) shall not be more than
4    $120,000, and no expenditure from the Fund for these
5    purposes shall be made when the Fund balance becomes less
6    than $750,000.
7    (b) The action undertaken shall be such as may be necessary
8or appropriate to protect human health or the environment.
9    (c) The Director of Agriculture is authorized to enter into
10contracts and agreements as may be necessary to carry out the
11Department's duties under this Section.
12    (d) Neither the State, the Director, nor any State employee
13shall be liable for any damages or injury arising out of or
14resulting from any action taken under this Section.
15    (e) (Blank). On a quarterly basis, the Department shall
16advise and consult with the Agrichemical Facility Response
17Action Program Board as to the Department's administration of
18the Fund.
19(Source: P.A. 89-94, eff. 7-6-95.)
 
20    Section 150. The Hazardous Material Emergency Response
21Reimbursement Act is amended by changing Sections 3, 4, and 5
22as follows:
 
23    (430 ILCS 55/3)  (from Ch. 127 1/2, par. 1003)
24    Sec. 3. Definitions. As used in this Act:

 

 

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1    (a) "Emergency action" means any action taken at or near
2the scene of a hazardous materials emergency incident to
3prevent or minimize harm to human health, to property, or to
4the environments from the unintentional release of a hazardous
5material.
6    (b) "Emergency response agency" means a unit of local
7government, volunteer fire protection organization, or the
8American Red Cross that provides:
9        (1) firefighting services;
10        (2) emergency rescue services;
11        (3) emergency medical services;
12        (4) hazardous materials response teams;
13        (5) civil defense;
14        (6) technical rescue teams; or
15        (7) mass care or assistance to displaced persons.
16    (c) "Responsible party" means a person who:
17        (1) owns or has custody of hazardous material that is
18    involved in an incident requiring emergency action by an
19    emergency response agency; or
20        (2) owns or has custody of bulk or non-bulk packaging
21    or a transport vehicle that contains hazardous material
22    that is involved in an incident requiring emergency action
23    by an emergency response agency; and
24        (3) who causes or substantially contributed to the
25    cause of the incident.
26    (d) "Person" means an individual, a corporation, a

 

 

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1partnership, an unincorporated association, or any unit of
2federal, State or local government.
3    (e) "Annual budget" means the cost to operate an emergency
4response agency excluding personnel costs, which include
5salary, benefits and training expenses; and costs to acquire
6capital equipment including buildings, vehicles and other such
7major capital cost items.
8    (f) "Hazardous material" means a substance or material in a
9quantity and form determined by the United States Department of
10Transportation to be capable of posing an unreasonable risk to
11health and safety or property when transported in commerce.
12    (g) "Fund" means the Fire Prevention Fund "Panel" means
13administrative panel.
14(Source: P.A. 93-159, eff. 1-1-04; 94-96, eff. 1-1-06.)
 
15    (430 ILCS 55/4)  (from Ch. 127 1/2, par. 1004)
16    Sec. 4. Establishment. The Emergency Response
17Reimbursement Fund in the State Treasury, hereinafter called
18the Fund, is hereby created. Appropriations shall be made from
19the general revenue fund to the Fund. Monies in the Fund shall
20be used as provided in this Act.
21    The Emergency Response Reimbursement Fund is dissolved as
22of the effective date of this amendatory Act of the 98th
23General Assembly. Any moneys remaining in the fund shall be
24transferred to the Fire Prevention Fund.
25(Source: P.A. 86-972.)
 

 

 

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1    (430 ILCS 55/5)  (from Ch. 127 1/2, par. 1005)
2    Sec. 5. Reimbursement to agencies.
3    (a) It shall be the duty of the responsible party to
4reimburse, within 60 days after the receipt of a bill for the
5hazardous material emergency incident, the emergency response
6agencies responding to a hazardous material emergency
7incident, and any private contractor responding to the incident
8at the request of an emergency response agency, for the costs
9incurred in the course of providing emergency action.
10    (b) In the event that the emergency response agencies are
11not reimbursed by a responsible party as required under
12subsection (a), monies in the Fund, subject to appropriation,
13shall be used to reimburse the emergency response agencies
14providing emergency action at or near the scene of a hazardous
15materials emergency incident subject to the following
16limitations:
17        (1) Cost recovery from the Fund is limited to
18    replacement of expended materials including, but not
19    limited to, specialized firefighting foam, damaged hose or
20    other reasonable and necessary supplies.
21        (2) The applicable cost of supplies must exceed 2% of
22    the emergency response agency's annual budget.
23        (3) A minimum of $500 must have been expended.
24        (4) A maximum of $10,000 may be requested per incident.
25        (5) The response was made to an incident involving

 

 

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1    hazardous materials facilities such as rolling stock which
2    are not in a terminal and which are not included on the
3    property tax roles for the jurisdiction where the incident
4    occurred.
5    (c) Application for reimbursement from the Fund shall be
6made to the State Fire Marshal or his designee. The State Fire
7Marshal shall, through rulemaking, promulgate a standard form
8for such application. The State Fire Marshal shall adopt rules
9for the administration of this Act.
10    (d) Claims against the Fund shall be reviewed by the
11Illinois Fire Advisory Commission at its normally scheduled
12meetings, as the claims are received. The Commission shall be
13responsible for:
14        (1) reviewing claims made against the Fund and
15    determining reasonable and necessary expenses to be
16    reimbursed for an emergency response agency:
17        (2) affirming that the emergency response agency has
18    made a reasonable effort to recover expended costs from
19    involved parties; and
20        (3) advising the State Fire Marshal as to those claims
21    against the Fund which merit reimbursement.
22    (e) The State Fire Marshal shall either accept or reject
23the Commission's recommendations as to a claim's eligibility.
24The eligibility decision of the State Fire Marshal shall be a
25final administrative decision, and may be reviewed as provided
26under the Administrative Review Law.

 

 

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1(Source: P.A. 93-989, eff. 1-1-05.)
 
2    (430 ILCS 55/7 rep.)
3    Section 155. The Hazardous Material Emergency Response
4Reimbursement Act is amended by repealing Section 7.
 
5    (510 ILCS 15/1 rep.)
6    Section 160. The Animal Gastroenteritis Act is amended by
7repealing Section 1.
 
8    Section 165. The Animal Gastroenteritis Act is amended by
9changing Section 2 as follows:
 
10    (510 ILCS 15/2)  (from Ch. 8, par. 204)
11    Sec. 2. The Director of Agriculture is authorized to
12establish within the Department an Advisory Committee to be
13known as the Swine Disease Control Committee. Such committee
14shall consist of 5 producers of swine, 2 representatives of
15general farm organizations in the State, one representative of
16general swine organizations in the State, one or more licensed
17practicing veterinarians, the State Veterinarian, the Director
18of the Department of Agriculture's Galesburg Animal Disease
19Laboratory, the administrator of animal disease programs the
20Dean of the College of Veterinary Medicine and the Dean of the
21College of Agricultural, Consumer and Environmental Sciences
22Agriculture of the University of Illinois, the Dean of the

 

 

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1College of Agricultural Sciences of Southern Illinois
2University, the Dean of the School of Agriculture of Western
3Illinois University, the Chair of the Department of Agriculture
4of Illinois State University, the Director of Public Health and
5the Chairman of the Senate Agriculture and , Conservation and
6Energy Committee of the Senate and the Chairman of the House
7Committee on Agriculture and Conservation Committee of the
8House. In the appointment of such committee, the Director shall
9consult with representative persons and recognized
10organizations in the respective fields concerning such
11appointments of producers and members of general farm
12organizations.
13    The Director is authorized to establish within the
14Department an advisory committee to be known as the Cattle
15Disease Control Research Committee. Such committee shall
16consist of 2 representatives of general farm organizations in
17the State, one representative of general cattle organizations
18in the State, the Dean of the College of Veterinary Medicine
19and the Dean of the College of Agricultural, Consumer and
20Environmental Sciences Agriculture of the University of
21Illinois, the Dean of the College of Agricultural Sciences of
22Southern Illinois University, the Dean of the School of
23Agriculture of Western Illinois University, the Chair of the
24Department of Agriculture of Illinois State University, the
25administrator of animal disease programs and the Director of
26Public Health, the Chairman of the Senate Agriculture and ,

 

 

SB3443- 91 -LRB098 15945 HLH 55564 b

1Conservation and Energy Committee of the Senate and the
2Chairman of the House Agriculture and Conservation Committee on
3Agriculture of the House. Eight additional members
4representing the following agricultural interests: feeder
5cattle, purebred beef cattle, dairy cattle and one or more
6licensed practicing veterinarians, the State Veterinarian and
7the Director of the Department of Agriculture's Galesburg
8Animal Disease Laboratory. In the appointment of such
9committee, the Director shall consult with representative
10persons and recognized organizations in the respective fields,
11producers and members of general farm organizations.
12    Meetings shall only occur in the event of a disease
13outbreak or other significant disease situation. The meetings
14will be scheduled at the call of From time to time the Director
15shall consult with the Swine Disease Control Committee and the
16Cattle Disease Research Committee to address disease
17prevention, management, and control in the case of a disease
18outbreak. The Committees shall receive no compensation but
19shall be reimbursed for expenses necessarily incurred in the
20performance of their duties concerning research projects to be
21undertaken, the priority of such projects, the results of such
22research and the manner in which the results of such research
23can be made available to best serve the livestock industry of
24the State.
25    The Director may also consult with such committees
26concerning problems arising in the administration of "An Act

 

 

SB3443- 92 -LRB098 15945 HLH 55564 b

1authorizing and providing for a cooperative program between
2United States, state and local agencies, public and private
3agencies and organizations and individuals for the control of
4starlings, rodents and other injurious predatory animal and
5bird pests and making an appropriation therefor", approved
6August 26, 1963.
7(Source: P.A. 85-323.)
 
8    Section 170. The Illinois Pseudorabies Control Act is
9amended by changing Section 5.1 as follows:
 
10    (510 ILCS 90/5.1)  (from Ch. 8, par. 805.1)
11    Sec. 5.1. Pseudorabies Advisory Committee. Upon the
12detection of pseudorabies within the State, the The Director of
13Agriculture is authorized to establish within the Department an
14advisory committee to be known as the Pseudorabies Advisory
15Committee. The Committee Such committee shall consist of, but
16not be limited to, representatives of swine producers, general
17swine organizations within the State, licensed veterinarians,
18general farm organizations, auction markets, the packing
19industry and the University of Illinois. Members of the
20Committee shall only be appointed and meet during the timeframe
21of the detection. The Director shall, from time to time,
22consult with the Pseudorabies Advisory Committee on changes in
23the pseudorabies control program.
24    The Director shall appoint a Technical Committee from the

 

 

SB3443- 93 -LRB098 15945 HLH 55564 b

1membership of the Pseudorabies Advisory Committee, which shall
2be comprised of a veterinarian, a swine extension specialist,
3and a pork producer. This committee shall serve as resource
4persons for the technical aspects of the herd plans and may
5advise the Department on procedures to be followed, timetables
6for accomplishing the elimination of infection, assist in
7obtaining cooperation from swine herd owners, and recommend
8adjustments in the approved herd plan as necessary.
9    These Committee members shall be entitled to reimbursement
10of all necessary and actual expenses incurred in the
11performance of their duties.
12(Source: P.A. 89-154, eff. 7-19-95.)
 
13    (525 ILCS 25/10 rep.)
14    Section 175. The Illinois Lake Management Program Act is
15amended by repealing Section 10.
 
16    (775 ILCS 20/Act rep.)
17    Section 180. The Defense Contract Employment
18Discrimination Act is repealed.
 
19    (815 ILCS 325/6 rep.)
20    Section 185. The Recyclable Metal Purchase Registration
21Law is amended by repealing Section 6.
 
22    Section 999. Effective date. This Act takes effect upon
23becoming law, except that Section 55 takes effect on January 1,

 

 

SB3443- 94 -LRB098 15945 HLH 55564 b

12015.

 

 

SB3443- 95 -LRB098 15945 HLH 55564 b

1 INDEX
2 Statutes amended in order of appearance
3    15 ILCS 20/50-5
4    20 ILCS 415/9from Ch. 127, par. 63b109
5    20 ILCS 605/605-345 rep.
6    20 ILCS 605/605-425 rep.
7    20 ILCS 1105/3from Ch. 96 1/2, par. 7403
8    20 ILCS 1105/8 rep.
9    20 ILCS 2310/2310-373 rep.
10    20 ILCS 2310/2310-396 rep.
11    20 ILCS 2605/2605-420 rep.
12    20 ILCS 3005/7.3
13    20 ILCS 3020/805
14    30 ILCS 105/5.250 rep.
15    30 ILCS 330/13from Ch. 127, par. 663
16    30 ILCS 720/Act rep.
17    30 ILCS 750/9-4.5 rep.
18    35 ILCS 200/8-35
19    35 ILCS 200/17-20
20    35 ILCS 200/17-40
21    105 ILCS 410/1from Ch. 122, par. 1851
22    110 ILCS 805/2-10from Ch. 122, par. 102-10
23    215 ILCS 5/178 rep.
24    215 ILCS 5/Art. XVI rep.
25    215 ILCS 5/Art. XIXB rep.

 

 

SB3443- 96 -LRB098 15945 HLH 55564 b

1    225 ILCS 120/24 rep.
2    225 ILCS 230/1011from Ch. 111, par. 7861
3    225 ILCS 401/180
4    230 ILCS 5/30from Ch. 8, par. 37-30
5    235 ILCS 5/6-15from Ch. 43, par. 130
6    320 ILCS 65/20 rep.
7    410 ILCS 3/10 rep.
8    410 ILCS 425/Act rep.
9    415 ILCS 5/22.8from Ch. 111 1/2, par. 1022.8
10    415 ILCS 60/19.3
11    415 ILCS 60/22.2from Ch. 5, par. 822.2
12    430 ILCS 55/3from Ch. 127 1/2, par. 1003
13    430 ILCS 55/4from Ch. 127 1/2, par. 1004
14    430 ILCS 55/5from Ch. 127 1/2, par. 1005
15    430 ILCS 55/7 rep.
16    510 ILCS 15/1 rep.
17    510 ILCS 15/2from Ch. 8, par. 204
18    510 ILCS 90/5.1from Ch. 8, par. 805.1
19    525 ILCS 25/10 rep.
20    775 ILCS 20/Act rep.
21    815 ILCS 325/6 rep.